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Home My Public Portal About2013-05-06-Annual Town Mtg Report 1 -Annual Town Meeting May 6th, 2013- Report of the Annual Town Meeting May 6th, 2013 In accordance with the Warrant, the Annual Town Meeting was held in the Stony Brook Cafetorium on Monday, May 6th, 2013. LThe meeting was called to order at 7:25pm. by the Moderator, Stephen L. Doyle. The tellers were David Lahive, David Quinn, and David Whitney. The checkers were June Gallant, Dorothy Leone, Ann Golini, Maureen Steinmann, Joan Scheffer, Cynthia Matheson and Jayanne Sci, Assistant Town Clerk. Thaddeus Nabywaniec, and Francis Smith, members of the Board of Registrars, were also present. w A quorum was present with 678 of 7883 voters. 8% CAPE COD VOCATIONAL TECHNICAL SCHOOL OPERATING BUDGET ARTICLE NO. 1: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray Cape Cod Vocational Technical High School charges and expenses for the Fiscal Year ending June 30, 2014, as follows: DEPARTMENT EXPENDED APPROPRIATED REQUESTED FY2012 FY2013 FY2014 CAPE COD TECH $694,838.00 $667,110.00 $702,591.00 ASSESSMENT TOTAL $694,838.00 $667,110.00 $702,591.00 ASSESSMENT: or to take any other action relative thereto. (Majority Vote Required) (Cape Cod Technical School Committee) MOTION: I move that the town vote to approve article no. 1 as printed in the warrant and to raise and appropriate the sum of $702,591.00 for this purpose. ACTION: ADOPTED UNANIMOUSLY ELEMENTARY SCHOOLS OPERATING BUDGET ARTICLE NO. 2: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray the Elementary Schools' charges and expenses, for the Fiscal Year ending June 30, 2014, as follows: I EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY2012 FY2013 FY2014 ELEMENTARY $6,308,567.00 $6,435,934.00 $6,690,250.00 SCHOOL BUDGET TOTAL $6,308,567.00 $6,435,934.00 $6,690,250.00 ASSESSMENT: fi -Pg. 1 of 38- i Annual Town Meeting May 6th, 2013- N or to take any other action relative thereto. (Majority Vote Required) (Elementary School Committee) MOTION: I move that the town vote to approve article no. 2 as printed in the warrant and to raise and appropriate the sum of $6,690,250.00 for this purpose. ACTION: ADOPTED UNANIMOUSLY TOWN OPERATING BUDGET ARTICLE NO. 3: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray town charges and expenses, and furthermore, to fix the salary and compensation of all elected officials of the town as provided in Section No. 108 of Chapter 41 of the General Laws, as amended, for the Fiscal Year ending June 30, 2014, as follows: EXPENDED APPROPRIATED REQUEST Item DEPARTMENT FY 2012 FY 2013 FY 2014 1 MODERATOR WAGES $300.00 $300.00 $300.00 T 2 SELECTMEN'S WAGES $5,250.00 $5,250.00 $8,000.00 STAFF WAGES $50,461.82 $57,501.00 $59,536.00 EDUCATIONAL REIMB $725.00 $2,000.00 $1,000.00 EXPENSES $28,600.20 $30,425.00 $30,875.0 4 ADMINISTRATOR WAGES $267,127.15 $284,487.00 $286,196.0 EXPENSES $9,577.63 $10,100.00 $10,600.00 LEGAL EXPENSES $99,190.81 $135,000.00 $141,350.00 TOWN REPORT $3,580.00 $5,000.00 $4,000.00 EXPENSES . 3 FINCOM EXPENSES $3,188.35 $3,500.00 $3,500.00 RESERVE FUND $20,600.00 $95,000.00 $98,800.00 4 ACCOUNTANT WAGES $150,348.41 $154,922.00 $160,828.00 AUDIT OF ACCOUNTS $20,800.00 $25,500.00 $29,500.00 EXPENSES $2,024.38 $2,510.00 $2,425.00 ASSESSOR WAGES $108,765.57 $112,462.00 $117,158.00 EXPENSES $1,295.26 $2,620.00 $3,125.00 TREAS/COLL WAGES $178,239.72 $199,192.00 $207,365.00 EXPENSES $25,843.55 $26,900.00 $26,935.00 INFORMATION TECHNOLOGY WAGES $77,534.97 $80,096.00 $83,363.00 EXPENSES $55,429.95 $57,655.00 $66,640.0 DEBT SERVICE $2,979,803.85 $2,835,268.00 $2,729,617.0 FRINGE BENEFITS $2,993,663.88 $3,035,819.00 $2,999,557.00 RETIREMENT/PENSION $1,381,854.63 $1,584,859.00 $1,697,705.00 5 TOWN CLERK'S WAGES CLERK STAFF WAGES $112,750.25 $123,684.00 $120,452.00 EXPENSES $21,971.02 $26,380.00 $18,930.00 -Pg. 2 of 38- -Annual Town Meeting May 6th, 2013- 6 TOWN HALL MAINT WAGES $81,902.32 $84,843.00 $92,064.00 EXPENSES $13,684.68 $15,850.00 $16,300.00 COA BLDG EXPENSES $7,200.00 $7,200.00 $7,200.00 DRUMMER BOY EXPENSES $359.12 $500.00 $500.00 7 CONSTABLE $250.00 $250.00 $250.00 POLICE WAGES $1,896,282.55 $2,071,038.00 $2,140,123.00 EXPENSES $131,073.76 $135,820.00 $136,950.00 L8 FIRE/RESCUE WAGES $1,459,282.63 $1,592,117.00 $1,635,136.00 EXPENSES $78,975.07 $107,800.00 $107,800.00 RESCUE EXPENSES $86,273.01 $98,500.00 $100,500.00 STATION EXPENSES $37,331.88 $41,000.00 $41,000.00 9 PLANNING WAGES $140,114.46 $145,859.00 $151,482.00 PLANNING/APPEALS $2,828.67 $3,595.00 $3,670.00 EXPENSES 10 BLDG INSP/HDC WAGES $298,505.10 $298,084.00 $318,435.00 BUILDING/HDC EXPENSES $4,945.15 $6,300.00 $6,440.00 11 NATURAL RESOURCES AND CONSERVATION WAGES $195,205.09 $220,037.00 $230,431.00 EXPENSES $26,934.59 $32,500.00 $32,950.00 PROPAGATION $9,980.00 $10,000.00 $14,500.00 12 BOARD OF HEALTH $168,913.71 $174,915.00 $181,668.00 WAGES s VISITING NURSE ASSOC. $18,143.75 $18,357.00 $18,357.00 EXPENSES $2,633.92 $3,900.00 $3,450.00 13 DPW WAGES $846,036.44 $929,860.00 $967,913.00 ROAD MACHINERY $46,226.07 $45,900.00 $60,900.00 SNOW & ICE CONTROL $100,289.33 $125,000.00 $127,000.00 EXPENSES $237,898.75 $240,253.00 $260,033.00 SOLID WASTE DISPOSAL $146,848.82 $184,022.00 $180,045.00 STREETLIGHTING $8,241.78 $9,800.00 $8,900.00 14 WATER STAFF WAGES $652,341.28 $700,481.00 $701,367.00 OPERATING EXPENSES $360,213.90 $405,807.00 $409,700.00 EQUIPMENT EXPENSES $8,232.76 $0.00 $0.00 15 GOLF DEPT WAGES $1,166,905.24 $1,195,280.00 $1,225,532.00 EXPENSES $857,851.17 $908,705.00 $925,095.00 16 RECREATION WAGES $91,800.13 $98,709.00 $102,164.00 EXPENSES $17,050.94 $17,450.00 $17,750.00 17 COUNCIL ON AGING $164,376.66 $177,918.00 $187,995.00 WAGES EXPENSES $12,983.08 $23,624.00 $23,624.00 L18 LADIES LIBRARY $531,400.00 $552,754.00 $552,178.00 19 ALEWIVE COMM. WAGES $1,891.85 $2,500.00 $2,500.00 EXPENSES 0.00 $900.00 $900.00 OLD MILL SITE COMM. $3,134.73 $4,000.00 $4,000.00 20 UTILITIES (Including Cape $451,757.52 $498,110.00 $499,935.00 & Vineyard Electric Cooperative, Inc.( LIABILITY INSURANCE $287,075.40 $313,444.00 $359,941.00 -Pg. 3 of 38- Annual Town Meeting May 6th, 2013- 21 ASSESSMENTS $43,355.77 $44,715.00 $44,900.00 MEMORIAL/VETERANS $1,500.00 $1,500.00 $1,500.00 DAY EXP. VETERANS SERVICES $32,867.88 $32,000.00 $30,000.00 GRAND TOTAL $19,330,025.34 $20,477,627.00 $20,840,833.00 or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 3 as printed in the warrant, however that following line items be amended: • Assessors Wages (item no. 4) be decreased from the sum of $117,158.00 to $117,156.00, and • Assessments (item no. 21) be increased from the sum of $44,900.00 to $45,150.00 and in order to appropriate this amended total sum of $20,841,083.00 that the town raise and appropriate the sum of $19,075,091.00, and transfer the sums of: • $125,000.00 from the Overlay Surplus account, • $375,000.00 from the Golf Cart Receipts Reserved for Appropriation account, • $90,000.00 from the Pension Reserve account, • $347,590.00 from the Community Preservation Fund Balance Reserved for Open Space, • $78,285.00 from the Tele-communications account, • $203,710.00 from the Water Revenues account, $' • $336,300.00 from the Ambulance Receipts Reserved for Appropriation account, • $12,000.00 from the Cable Franchise Fee account, • $136,982.00 from the Fund Balance Reserved for Road Betterments account, • $17,950 from article no. 23 (Old Valley Road Betterment account) from the May 2008 Annual Town Meeting, • $30,875.00 from article no. 33 (Standish Heights Road Betterment account) from the May 2009 Annual Town Meeting, and • $12,300.00 from article no. 22 (Beaver Lane Road Betterment account) from the May 2008 Annual Town Meeting, for this purpose. AMENDMENT OF THE MAIN MOTION: I move that the Town vote to amend line item no. 15 for Fiscal Year 2014 on Golf Department Wages to reduce the appropriation request from the sum of $1,225,532.00 to $1,209,532.00 and Golf Department Expenses from the sum of $925,095.00 to $909,095.00 and in order to appropriate the total sum of $20,809,083.00 that the Town raise and appropriate the sum of x' $19,043,091.00 for this purpose. { ACTION ON AMENDED MOTION: DEFEATED ' MOTION TO MOVE THE PREVIOUS QUESTION: ADOPTED ACTION ON THE MAIN MOTION: ADOPTED -Pg. 4 of 38- Annual Town Meeting May 6th, 2013- NAUSET REGIONAL SCHOOLS OPERATING BUDGET ARTICLE NO. 4: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray the Nauset Regional School's charges and expenses for the Fiscal Year ending June 30, 2014, as follows: DEPARTMENT EXPENDED APPROPRIATED REQUESTED L FY2012 FY2013 FY2014 NAUSET $8,648,613.00 $8,774,190.00 $9,225,888.00 ASSESSMENT TOTAL $8,648,613.00 $8,774,190.00 $9,225,888.00 ASSESSMENT: or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) MOTION: I move that the town vote to approve article no. 4 as printed in the warrant, however that the sum of $9,225,888.00 be amended to the sum of $9,216,038.00 and to raise and appropriate the total amended sum of$9,216,038.00 for this purpose. ACTION: ADOPTED UNANIMOUSLY ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS ARTICLE NO. 5: To see if the Town will vote to accept the provisions of Massachusetts General Laws, Chapter 71, Section 16B, which would allocate the sum of the member towns' contributions to the Nauset Regional School District in Fiscal Year 2015 in accordance with the Regional Agreement rather than the Education Reform Formula, so-called, or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) MOTION: I move that the town vote to approve article no. 5 as printed in the warrant. #ACTION: ADOPTED UNANIMOUSLY COMMUNITY PRESERVATION ACT FUNDING/Allocations ARTICLE NO. 6: To see if the Town will vote to act upon the recommendations of the Community Preservation Committee; to appropriate from Fiscal Year 2014 revenues and/or from previously reserved funds or to set L aside for future use the amounts shown below; to authorize the Town , , Administrator to enter into contracts for the award of grants to the following agencies; to authorize the Community Preservation Committee, pursuant to the provisions of Massachusetts General Laws, Chapter 184, Sections 31 through 33, to acquire Historic Preservation Restrictions and Community Housing Restrictions in consideration of the awarding of the following grants; all as follows: -Pg. 5 of 38- Annual Town Meeting May 6th, 2013- 3F ITEM: CATEGORY: 1. Historic Preservation: a. Related Purpose Expenditures/Professional $10,000.00 Services b. Reserve Funds To hold in reserve for the purpose of Historic Preservation the sum of $83,001.00 from the Fund's Fiscal Year 2014 revenues for future expenditure; 2. Community Housing: a. Related Purpose $10,000.00 Expenditures/Professional Services :' b. Reserve Funds. To hold in reserve for the purpose of Community Housing the sum of $83,001.00 from the Fund's Fiscal Year 2014 revenues for future expenditure; 3. Open Space: `' a. Related Purpose $50,000.00 Expenditures/Professional Services b. Reserve Funds To hold in reserve for the purpose of acquiring Open Space the sum of $67,412.00 from the Fund's Fiscal Year 2014 revenues for future expenditure; 4. Reserve Funds: a. Recreation: Playground Subcommittee, $200,000.00 Brewster School Committee for the Eddy School Playground Project b. Related Purpose $10,000.00 I 4, Expenditures/Professional Services c. Reserve Funds To hold, pursuant to the provisions of Section 17-4 of the Brewster Community Preservation Committee Bylaw, in reserve for the purpose fYw. of Historic Preservation, Community Housing and Recreation the sum of$69,002.00 from the Fund's Fiscal Year 2014 revenues for future expenditure; 5. Administration and Operating Expenses: a. Administration and Operating Expenses. To appropriate the sum of $15,000.00 from the Fund's Fiscal Year 2014 revenues for expenditure by the Community Preservation Committee and the Town Administrator for the general administration and operating expenses related to carrying out the operations of the Community Preservation Committee; Grand Total $597,416.00 or to take any other action relative thereto. (Majority Vote Required) (Community Preservation Committee) MOTION: I move that the town vote to approve article no. 6 as printed in a' the warrant, and to appropriate the sum of $597,416.00 from the p` Community Preservation Fund for these purposes. ACTION: ADOPTED -Pg. 6 of 38- 7 -Annual Town Meeting May 6th, 2013- HUMAN SERVICES FUNDING ARTICLE NO. 7: To see if the Town will vote to transfer from available funds the sum of SEVENTY EIGHT THOUSAND NINE HUNDRED THIRTY EIGHT AND 00/100 DOLLARS ($78,938.00) for the following organizations and in the following respective amounts: 1 Cape Cod Child Development Program, Inc. $5,020.00 2 Consumers Assistance Council, Inc. $500.00 3 Gosnold $10,000.00 4 Independence House, Inc. $5,000.00 5 Homeless Prevention Council $10,493.00 6 South Coastal Counties Legal Services, Inc. $4,500.00 7 Lower Cape Outreach Council, Inc. $9,000.00 8 CapeAbilities $6,425.00 9 Sight Loss Services, Inc. of Cape Cod & Islands $1,000.00 10 Elder Services of Cape Cod "Meals on Wheels" $8,500.00 11 Aids Support Group of Cape Cod $2,500.00 12 Cape Cod Children's Place $6,000.00 13 Together We Can - The Juice Bar $5,000.00 14 Outer Cape Health Services, Inc. $5,000.00 Grand Total $78,938.00 and to authorize the Board of Selectmen, the Board of Health, and the School Committee, as appropriate, to enter into contracts with these organizations in order to provide desired social services for residents of Brewster, or to take any other action relative thereto. (Majority Vote Required) (Human Services Committee) MOTION: I move that the town vote to approve article no. 7 as printed in the warrant and to raise and appropriate the sum of $71,758.00 and transfer the sum of$7,180.00 from Free Cash for these purposes. ACTION: ADOPTED UNANIMOUSLY CAPITAL AND SPECIAL PROJECT EXPENDITURES ARTICLE NO. 8: To see if the Town will vote to raise and appropriate, transfer from available funds and/or borrow a sum of money for the purpose of funding the following capital acquisitions and special project expenditures to be undertaken during Fiscal Year 2014; to the authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, and expend these funds for the purposes set forth below; and to authorize the Town Administrator to sell, trade, lease, exchange or otherwise k 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: 1. Board of Selectmen: Request Totals a.. Comprehensive Water Planning $125,000.00 Expense b. Veteran's Memorial Project $2,000.00 -Pg. 7 of 38- Annual Town Meeting May 6th, 2013- c. Technology Project $10,000.00 Sub-total $137,000.00 2. Fire Department: a. Dispatch Services $35,000.00 b. Rescue Billing Services $17,000.00 c. SCBA Lease Expense $25,000.00 d. CMED Funding Expense $5,000.00 e. Fire Chief Vehicle Replacement $42,000.00 Expense f. Automatic CPR Device Equipment $40,000.00 Sub-total $164,000.00 3. Department of Public Works: a. Road & Drainage Repair Account $100,000.00 b. Heating & Ventilation System Project $125,000.00 c. Transfer Station Equipment Repair $25,000.00 Sub-total $250,000.00 4. Police Department: a. Motor Vehicle Replacement $66,000.00 b. Mobile Data Terminals $13,000.00 c. Taser Equipment $22,100.00 d. Digital Voice Recording Equipment $12,000.00 Sub-total $113,100.00 5. Nauset Regional School District: a. Capital Plan Projects $214,620.00 Sub-total $214,620.00 6. Water Department: a. Pick-up Truck $35,000.00 b. Construction Account $230,000.00 :: c. Standpipe Asset Management Plan $10,000.00 Sub-total $275,000.00 ? 7. Ladies Library: a. Technology Project $15,000.00 ' Sub-total $15,000.00 8. Elementary School Department: a. Technology Plan Expenses $30,000.00 Sub-total $30,000.00 Y6 S:f ds -Pg. 8 of 38- i -Annual Town Meeting May 6th, 2013- 9. Captains Golf Course: a. Mower Lease Payment $49,410.00 b. Aerifying 85 Core Processor $17,210.00 Equipment Lease c. Pump No. 1 Backflow Preventer $10,000.00 Expense I. Sub-total $76,620.00 Grand Total $1,275,340.00 or to take any other action relative thereto. (Majority Vote Required or Two-thirds (Board of Selectmen) Vote Required if borrowing is requested) MOTION: I move that the town vote to approve article no. 8 as printed in the warrant, however that item no, 3(b) for the Department of Public Works Heating and Ventilation System Project be amended from the sum of$125,000.00 to $147,000.00 and to appropriate the total amended sum of$1,297,340.00 for these purposes, and in order to appropriate this sum of money that the town raise and appropriate the sum of$214,620.00 and transfer the sums of: • $508,100.00 from Free Cash, • $164,000.00 from the Ambulance Receipts Reserved for Appropriation account, • $275,000.00 from the Water Revenue account, • $98,620 from the Golf Carts Receipts Reserved account, • $25,000 from the Tele-communication account • $5,650.00 from Article 7 of the May 2012 Special Town Meeting warrant, • $4,648.00 from Article 8 of the May 2011 Annual Town Meeting warrant, and • $1,702.00 from Article 8 of the May 2012 Annual Town Meeting warrant, for these purposes. ACTION: ADOPTED LOCAL BUSINESS ORGANIZATION FUNDING ARTICLE NO. 9: To see if the Town will vote to transfer from Free Cash the sum of TWENTY-SIX THOUSAND AND 00/100 DOLLARS ($26,000.00), to be expended under the direction of the Board of Selectmen to help defray costs associated with marketing, advertising and promoting Brewster as a visitor destination including but not limited to annual publication and distribution of , , L the Best of Brewster Magazine, Brewster Map & Guide, and Website which advertise 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 Brewster Chamber of Commerce, Inc. to further advertise Brewster in order to increase room's and meal's tax and beach pass revenue for the town, promote the Town's golf course, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) -Pg. 9 of 38- Annual Town Meeting May 6th, 2013- MOTION: I move that the town vote to approve article no. 9 as printed in the warrant and to transfer the sum of$26,000.00 from Free Cash for this purpose. ACTION: ADOPTED UNANIMOUSLY BREWSTER TOWN BAND/Funding Request ARTICLE NO. 10: To see if the Town will vote to authorize the Board of Selectmen to enter into a contract with the Brewster Town Band in order to obtain instrumental performances for the town and to transfer from Free Cash the sum of TWO THOUSAND AND 00/100 DOLLARS ($2,000.00), and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, accept donations and 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. 10 as printed in the warrant and to transfer the sum of$2,000.00 from Free Cash for this purpose. ACTION: ADOPTED BAYSIDE SKIPPERS/Funding Request ARTICLE NO. 11: To see if the Town will vote to transfer from Free Cash the sum of FOUR THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($4,500.00) to pay for public performances of team skipping, and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, accept gifts and expend said funds for this purpose or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 11 as printed in the warrant and to transfer the sum of $4,500.00 from Free Cash for this purpose. Mfr. ACTION: ADOPTED SPECIAL REVENUE FUND/ Crosby Mansion Revolving Fund ARTICLE NO. 12: To see if the Town will vote to reauthorize the Crosby Mansion Revolving fund for the 2014 fiscal year, to credit the fund with the fees and charges received from the Crosby Mansion and cottages during that year, to authorize the Crosby Property Committee to administer the fund and to expend from it the sums needed to pay for the salaries, expenses, and contracted services required to operate the mansion and cottages, and to limit during that fiscal year the total expenditures from the fund to the lesser of $200,000.00 or the balance in the fund, or to take any other action relative s° thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 12 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY kk -Pg. 10 of 38- -Annual Town Meeting May 6th, 2013- SPECIAL REVENUE FUND/ Cable Franchise Fee Account ARTICLE NO. 13: To see if the Town will vote to transfer the sum of ONE HUNDRED THIRTY SEVEN THOUSAND NINE HUNDRED SIXTY FOUR AND 00/100 DOLLARS ($137,964.00) from the Cable Franchise Fee account for the 2014 fiscal year for local cable television related purposes, including, but not limited to the general public purpose of supporting and promoting public access to the Brewster cable television system; training in the use of local access equipment and facilities; access to community, municipal and educational meeting coverage; use and development of an institutional network and/or municipal information facilities; contracting with local cable programming services providers and/or any other appropriate cable related purposes, 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. ACTION: ADOPTED SPECIAL REVENUE FUND/Recreation Revolving Fund ARTICLE NO. 14: To see if the Town will vote to re-authorize the Recreation Department Revolving fund under section 53E 1/2 of Chapter 44 of the General Laws for the 2014 fiscal year, to credit the fund with the fees and charges received from the Recreation Department during that year, to authorize the Recreation Committee to administer the fund and to expend from it the sums needed to pay for the salaries, benefits, expenses, and contracted services required to operate the recreation program, and to limit during that fiscal year the total expenditures from the fund to the lesser of $200,000.00 or the balance in the fund, or to take any other action relative thereto. (Majority Vote Required) (Recreation Commission) MOTION: I move that the Town vote to approve article no. 14 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY PROPERTY VALUATION SERVICES ARTICLE NO. 15: To see if the Town will vote to transfer from the Overlay Surplus account the sum of SIXTY-FIVE THOUSAND AND 00/100 DOLLARS ($65,000.00) for the purposes of performing the interim year update services of real and personal 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. ACTION: ADOPTED -Pg. 11 of 38- Annual Town Meeting May 6th, 2013- TEMPORARY BORROWING AUTHORIZATION/Grants ARTICLE NO. 16: To see if the Town will vote to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money for a period of not more than two years in accordance with the K' provisions of Massachusetts General Laws Chapter 44, Section 17 and/or any other enabling authority, and to issue temporary bonds and/or notes of the '{ Town therefor, in anticipation of grant proceeds, or to take any other action relative thereto. (Two-thirds Vote Required) (Board of Selectmen) MOTION: I move that the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow a sum of money for a period of not more than two years in accordance with the provisions of Massachusetts General Laws Chapter 44, Section 17 and/or any other enabling authority, and to issue temporary bonds and/or notes of the Town therefor, in anticipation of grant proceeds. ACTION: ADOPTED UNANIMOUSLY ACCEPTANCE OF GRANT PROCEEDS ARTICLE NO. 17: To see if the Town will vote to authorize the Board of Selectmen to apply for and accept any and all grants from private entities, the Federal Government or the Commonwealth of Massachusetts and to expend those funds for the purposes for which said grants are authorized, or to take any other action relative thereon. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 17 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY REPAIR AND RESURFACE TOWN ROADS/Chapter 90 Funds ARTICLE NO. 18: To see if the Town will vote to transfer from available funds a sum of money, as provided under Chapter 90 of the Massachusetts General Laws, for local roads and highways, and to authorize the expenditure of these funds under the direction of the Board of Selectmen, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 18 as printed in the warrant and to transfer from available funds the sum of $479,972.00 for this purpose. ACTION: ADOPTED '.Y �.a -Pg. 12 of 38- 3 -Annual Town Meeting May 6th, 2013- , PRIVATE ROAD BETTERMENT PROJECT/South Pond Drive & Captain Fitts Road ARTICLE NO. 19: To see if the Town will vote to authorize the Board of Selectmen to undertake a series of temporary road repairs to the private way known as South Pond Drive and Captain Fitts Road and furthermore, to authorize the Board of Selectmen to proceed with the reconstruction of this , L way after it has determined that the provisions of the Brewster Town Code, Chapter 157, Article VIII, Section 157-20 have been satisfied; to raise and appropriate, transfer from available funds, and/or to obtain by borrowing the sum of ONE HUNDRED NINETY FOUR THOUSAND EIGHT HUNDRED FORTY- FIVE AND 00/100 DOLLARS ($194,845.00) 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 the sum of ONE HUNDRED 1VINETY TWO THOUSAND THREE HUNDRED FORTY-FIVE AND 00/100 DOLLARS ($192,345.00), under and pursuant to Massachusetts General Laws Chapter 44, Section 7(6) or any other enabling authority, and to issue notes and bonds of the Town therefor; and, initially, to transfer from the Fund Balance Reserved for Road Betterments the sum of TWO THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($2,500.00) to be recovered with all road repair costs through the betterment assessments against the abutters, to pay the first year's principal and interest expenses for this project, or to take any other action relative thereto. (Two-thirds Vote Required) (Board of Selectmen) LMOTION: I move that the Board of Selectmen is authorized to undertake a series of temporary road repairs to the private way known as South Pond Drive and Captain Fitts Road and furthermore, that the Board of Selectmen is authorized to proceed with the reconstruction of this way after it has determined that the provisions of the Brewster Town Code, Chapter 157, Article VIII, Section 157-20 have been satisfied; to appropriate the sum of ONE HUNDRED NINETY FOUR THOUSAND EIGHT HUNDRED FORTY-FIVE AND 00/100 DOLLARS ($194,845.00) to pay for the costs of engineering, construction, reconstruction, and related expenses in connection therewith; to meet this appropriation, the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow the sum of ONE HUNDRED NINETY TWO THOUSAND THREE HUNDRED FORTY-FIVE AND 00/100 DOLLARS ($192,345.00), under and pursuant to Massachusetts General Laws Chapter 44, Section 7(6) or any other enabling authority, and to issue notes and bonds of the Town therefor, and, initially, to transfer from the Fund Balance Reserved for Road Betterments the sum of TWO THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($2,500.00) to be recovered with all road repair costs through the betterment assessments against the abutters, to pay the first year's principal and interest expenses for this project. MOTION TO MOVE THE PREVIOUS QUESTION: ADOPTED ACTION: ADOPTED PLEASANT BAY RESOURCE MANAGEMENT PLAN UPDATE ARTICLE NO. 20: To see if the Town will vote to adopt the 2013 Pleasant Bay Resource Management Plan Update developed in accordance with the 1998 Pleasant Bay Resource Management Plan, the 2003 and 2008 Plan Updates, -Pg. 13 of 38- Annual Town Meeting May 6th, 2013- and the Intermunicipal Agreement with the Towns of Orleans, Chatham and Harwich authorized by the Town in 2007 and 2008 (the full 2013 Update, with referenced tables and figures, as well as a report providing detailed background regarding the Update is on file with the Town Clerk); and to authorize the Board of Selectmen to enter into a successor Intermunicipal Agreement, with one or more of the aforementioned towns for the purpose of continuing the Pleasant Bay Resource Management Alliance to implement the plan and plan updates, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 20 as printed in the warrant. ACTION: ADOPTED ZONING BYLAW AMENDMENT/Sign Regulations ARTICLE NO. 21: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Zoning, Article VI, Signs, by deleting the entire existing text and replacing it with the following text: ARTICLE VI a'. Signs § 179-18. Purpose and Scope. A. The purpose of this article is to regulate signs in order to facilitate communication, promote the safety of motorists and pedestrians by preventing distractions and obstructions of public ways and walks, prevent visual clutter, and encourage economic development by allowing siting of signage that identifies businesses and other land uses in ways that complement and enhance our community's character. B. This Article establishes the comprehensive regulations and conditions under which signs are permitted within the Town of Brewster in accord with the powers set forth in MGL C. 40A and MGL C. 93, §29. This sign regulation provides a permitting system to govern the placement of advertising and other informational signs both outdoors and in windows within the Town of Brewster. § 179-19. Definitions. As used in this chapter, the following terms shall have the meanings indicated: ABANDONED SIGN — A sign for a business that has not been in active use for two or more years, and which is not being actively marketed as a business at that location. A-FRAME SIGN — A self-supporting, two-sided, sign. ANIMATED SIGN — A sign that uses actual movement or the illusion of movement. AWNING SIGN — A sign attached to or printed upon textile or fabric material supported by framing and that is attached to a building. BANNER — A sign printed on cloth, plastic or similar material attached to a pole, staff or other support. BUILDING OFFICIAL - The Brewster Building Commissioner or Building Inspector. -Pg. 14 of 38- -Annual Town Meeting May 6th, 2013- BUSINESS OPERATION SIGNS -- Any on-premises sign indicating whether the business is open or closed and/or the days and hours of operation. BUSINESS DIRECTIONAL OR TRAFFIC SAFETY SIGN — A sign marking entrances, exits, parking areas or other operational features of the premises and providing directions for the safe and/or efficient flow of traffic. } BUSINESS "OPEN" FLAG — A flag that alerts the public that a location is open for business. CAUTIONARY SIGNS -- Signs warning of prohibited activities such as trespassing, hunting, fishing, or swimming. CELEBRATORY BANNERS/SIGNS - Banners and/or signs noting a non- `{ commercial celebration such as a graduation. CHANGEABLE-COPY SIGN — A sign that is designed so that graphics can be changed or rearranged without changing the dimensions of the sign. CLUSTER SIGN -- A sign that provides space for identifying multiple tenants or uses within a single development. CONSTRUCTION SIGN — A temporary sign identifying a commercial vendor participating in the construction, alteration or maintenance on the property on which the sign is located. DIRECT/EXTERNAL LIGHTING — Illumination by means of a light source that is external to the sign being lit. FLASHING SIGN — A sign that is illuminated by intermittent or sequential light emission. GROUND/FREESTANDING SIGN -- A sign supported by poles, uprights or braces extending from the ground but not attached to any part of a building. HOME OCCUPATION SIGNS -- Signs identifying any home occupation as defined by the Brewster Zoning Bylaw. HOME PRODUCTS SIGNS - A sign offering items grown or produced on a residential property for sale to the public, such as fresh flowers and eggs INFORMATIONAL SIGN — An on-premises sign specific to a public or private nonprofit purpose, such as handicapped accessible, public rest rooms, public phone or tourist and visitor information. INTERNAL LIGHTING — Illumination by means of a concealed light source, whereby all incandescent, fluorescent or neon devices are shielded from view by opaque or translucent materials. INTERPRETIVE DISPLAYS — Boards or exhibits proposed by a Town governmental body or a nonprofit educational organization to convey regulations or explain the significance and public purpose of a program or policy, such as resource protection, at a public or private nonprofit site. INTERSECTION ISLAND SIGN - A sign naming an individual, for-profit organization or not-for-profit organization that volunteers to maintain and/or landscape an intersection island. KIOSK - A freestanding structure with one or more sides upon which information is placed for review and/or distribution. LADDER SIGN - A freestanding sign with two vertical supports and two or more crosspieces serving as individual signs. MUNICIPAL PROPERTY -- Any land owned and/or controlled by the Town of Brewster. -Pg. 15 of 38- Annual Town Meeting May 6th, 2013- MUNICIPAL SIGNS, PERMANENT - Signs, including those alerting the public to projects funded by the Community Preservation Act, posted for more than 60 consecutive days by a Town entity required or authorized for a public purpose by law or statute. MUNICIPAL SIGNS, TEMPORARY -- Signs, including those alerting the public to projects funded by the Community Preservation Act, posted for 60 or fewer days by a Town entity for the purpose of promoting a Town-sponsored event or alerting the public to a public safety matter or event. NON-CONFORMING SIGN — A sign that was erected legally but that does not comply with subsequently enacted regulations. OFF-PREMISES SIGN -- Signs placed on property separate from where a business is located. f} ON-PREMISES SIGN -- Signs placed on the same property where a business is located. POLITICAL SIGN — A sign urging voter support for a particular election issue, political party, or candidate for public office. PROJECTING SIGN — A sign that extends from a wall or roof of a building. PROTECTED CONSERVATION LAND SIGNS - A sign noting that a particular property is owned by a conservation or wildlife protection organization QUARTERBOARD — A carved and/or painted wooden wall sign fashioned after those traditionally used on sailing vessels. REAL ESTATE SIGN — A sign advertising the sale, rental, or lease of a designated structure or land area for a permitted use on which the signs are located. SANDWICH SIGN — See "A-Frame Sign" SIGN — Includes every instance of advertising, text or graphic, erected or maintained in open view primarily for identification or promotion of any commercial enterprise or not-for-profit. This shall include the sign structure, supports, lighting system, and any attachments, flags, ornaments, or other features used to draw the attention of observers and shall further include collection boxes. It shall not include indoor or outdoor displays of merchandise for sale on the premises. SIGN HEIGHT — The distance measured from the highest point of a sign to the grade beneath the sign. SPECIAL EVENT SIGN — A temporary sign advertising or pertaining to a civic, patriotic, educational or other event, taking place within the Town. t' SUBDIVISION SIGN — A sign placed at the street entrance to a subdivision. SUBDIVISION LOT PLAN SIGN — A sign depicting the lot plan of a subdivision for the purpose of advertising said lots for sale. SUBSIDIARY SIGN — A small sign attached to another sign. TEMPORARY SIGN — A sign intended for use for 60 or fewer days. TOWN AND COMMUNITY EVENT SIGNS. Signs for events that have been declared by the Board of Selectmen or by vote of Town Meeting. UMBRELLA SIGNS -- Signage on an umbrella that advertises a particular product for sale on the premises. VISITOR INFORMATION SIGN - Signs alerting the public to not-for-profit organizations providing this service. -Pg. 16 of 38- Annual Town Meeting May 6th, 2013- WALL SIGN — A single-faced sign attached parallel to or painted on a vertical exterior wall not projecting more than 12 inches beyond the wall surface to which the sign is attached and not extending beyond the edges of the wall to which the sign is attached. WATER DEPARTMENT SIGN -- A municipal sign erected by the Town of Brewster Water Department to alert the public to any drinking water related event. WINDOW SIGN — Any sign placed inside a window within 24 inches of the window glass facing the outside with characters that exceed two and one-half (2 1/2) inches in height and which is intended to be read from a public way. ZIPPER SIGN - An animated sign with a message in lights that travels across the surface of the sign. § 179-20. General requirements. A. Before a sign is erected, altered or moved, it shall conform to all applicable requirements contained in this bylaw, including any Old King's Highway Historic District requirements when applicable, and shall be approved by a Building Official through the issuance of a permit, unless the sign is expressly exempted herein. B. A pre-application conference with the Building Department is encouraged in order for the applicant to become acquainted with requirements. C. All signs shall be placed so as to not obscure other signs to the greatest extent possible. D. No signs shall be located in a road right-of-way nor shall they be located so as to block all or part of a sidewalk, stairway, driveway or parking lot, interfere with snow removal, or impair sight distances for motorists, bicyclists or pedestrians. This will be determined by the Police Department, Department of Public Works, and/or the Building Official. ' E. If signs are illuminated, it shall be done by a direct, external light source or by a light source internal to the sign. Light bulbs or tubes (including neon) shall not be visible to the motoring public from a public way. F. Non-municipal developments having more than one tenant or use shall provide a master sign plan for the entire structure or development prior to the issuance of a sign permit by a Building Official. § 179-20.1 Sign area regulations. A. Unless otherwise specified, all signs shall meet the area measurement requirements of this section. B. The area of a sign face shall be computed by measurement of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display. This shall include any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The sign area calculation shall not include necessary structural supporting framework, bracing or wall unless any advertising is present on those items. C. For a single-tenant, non-municipal business accessed directly from a street, right-of-way or parking area, the maximum permitted area of all signs not otherwise exempted by Section 179-20.3 herein shall be 30 square feet. D. Non-municipal developments having more than one tenant or use within a project or premises may construct one Cluster Sign containing the name of the development and/or listings of individual businesses, products or services within the development of up to 35 square feet. In addition: 1. Each tenant may have signage at the location of its business of up to 20 square feet 2. Sign area cannot be transferred from one tenant to another. -Pg. 17 of 38- Annual Town Meeting May 6th, 2013- E. No one sign shall exceed 20 square feet, with the exception of banners, which shall not exceed 30 square feet. F. No ground sign may exceed 10 feet in height unless otherwise specified G. Where there are two faces back to back, the total area of the largest single face shall determine the area of the sign. H. All signs not otherwise exempt by Section 179-20.3 are included within the 30 square feet limitation calculation, and include any sign on a property at any time, including signs taken in or turned off on a daily basis, such as A- frame signs, and window signs. I. Exceptions to this by-law may be allowed by special permit from the Planning Board. § 179-20.2 Construction and maintenance. A. If a Building Official believes that a sign and/or structure regulated by this article is not being kept in good repair, written notice shall be sent, by certified mail, return receipt requested, to the person or persons to whom the permit was issued, and the property owner. If the specified defects in the sign and/or structure have not been corrected or the sign removed within 30 days, the Building Official shall revoke the permit and shall notify the person(s) to whom the permit was issued that the sign is now in violation of this Article and must be removed. B. Old signs and related hardware/structural supports shall be removed before any new sign is erected but any related hardware/structural supports may be incorporated into the overall design or structural support of the new sign and approved pursuant to this article. C. The Building Official shall have the authority to order the repair, alteration or removal of any sign or structure that constitutes a hazard to public health and safety or which is otherwise not in compliance with this by-law. x' D. If an immediate public safety concern so requires, the Building Official may take any necessary action, including removal of a sign. § 179-20.3. Exemptions from permit requirements. The following signs do not count towards the total permitted signage unless otherwise indicated and do not require a permit unless such signage is located in the Old King's Highway Historic District: A. Awning signs identifying a product, not a specific business B. Business operation signs C. Cautionary signs D. Celebratory banner/sign =; E. Directional or traffic safety signs F. Home occupation signs G. Home products signs H. Intersection island signs I. Municipal signs, permanent J. Municipal signs, temporary K. One "Open" flag L. Open house and yard sale signs if displayed for not more than one week M. Political signs N. Protected conservation land sign O. Quarterboard, residential, non-commercial P. Real estate signs Q. Special event flyers measuring not more than two square feet in total area R. Temporary signs S. Umbrella signs identifying a product, not a specific business T. Vending machines: one per premises unless more are allowed by special permit U. Water Department signs -Pg. 18 of 38- -Annual Town Meeting May 6th, 2013- §179-20.4 Prohibited signs A. Animated signs B. Zipper signs C. Flashing Signs, not including school crossing signs § 179-20.5. Additional Regulations for specific types of signs. A. A-frame, Sandwich signs. Such signs shall not exceed 36" by 24" in message area dimension. B. Awning signs. Letter or graphics on an awning that identify a business by name, phone number or services offered shall count towards total signage. Awning sign area shall be computed by measurement of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display. C. Celebratory Banners/Signs. Such signs are allowed without a permit. The banners/signs may be placed on private property with the property owner's permission, and must be removed within 60 days. D. Directional or traffic safety signs. In addition to other permitted signs, directional, warning or traffic signs necessary for the public safety and convenience of customers, employees, visitors and the public are permitted in all areas. Signs shall not exceed two square feet in area. E. Home Occupation signs. Such signs shall not exceed 4 square feet. One sign is permitted per dwelling. F. Home Product signs. Such signs shall not exceed 4 square feet. G. Informational signs. Such signs shall not exceed one square foot in area H. Interpretive displays and kiosks. 1. For interpretive displays, the maximum area of a single such sign shall not exceed 50 square feet, and the highest point after installation shall not exceed 144 inches. 2. For kiosks, the footprint shall not exceed 40 square feet, and the height shall not exceed 10 feet. 3. Signs in viewsheds and on beaches shall be installed angled 20° from the horizontal plane so as to reduce visual obstruction. Interpretive signs or kiosks shall not block or obstruct a scenic view or visual corridor. The Building Official may further restrict the size, number, location and visual appearance of these signs on a case-by-case basis. I. Intersection Island Signs. Any individual, for-profit organization or not- for-profit organization that volunteers to maintain and/or landscape an intersection island is permitted to erect one sign not to exceed one square foot in size, and one foot in height, upon said island. No direct, external, or internal lighting shall be permitted. The sign must be promptly removed when the individual, for-profit or not-for-profit organization ceases to maintain and/or landscape the intersection island. Permission to maintain an intersection island is granted by the Board of Selectmen. J. Municipal signs, additional requirements. 1. Municipal signs that announce water system information or municipal traffic signs, as approved by the Brewster Police and Brewster Department of Public Works, shall be permitted in a public right-of-way as a matter of right. 2. Temporary or permanent municipal signs shall not exceed 30 square feet. 3. Town departments shall have authority over any sign placed on the land and/or buildings under their control, including signs placed by other Brewster municipal entities. Signs may remain in place as needed, at the discretion of the entity with authority over the property. Notice of such signs shall be required to be filed by the Town entity with the Building Official prior to display. Note that this does not apply to the following: election/Town Meeting signage, public safety signage, and Water -Pg. 19 of 38- Annual Town Meeting May 6th, 2013- Department signage. K. "Open" Flag. One "open" flag per business establishment shall be allowed and shall not exceed 3 feet by 5 feet in size. L. Political signs. Political signs are permitted in all districts on private property with the approval of the property owner. No permit is required. M. Protected conservation land signs. Such signs shall not exceed 10 square feet. N. Subdivision signs. Subdivision signs shall not exceed 12 square feet including any posts or decoration. A sign may be placed at each entrance to the subdivision. O. Temporary signs. Temporary signs cannot be used for more than 60 days, except as stated below, and are permitted in all zones. Temporary signs will count towards a business' total allowable signage. Some may require a permit from the Building Official. Temporary signs shall be removed at the end of the applicable period unless a renewal application has been approved. 1. Real estate signs. One sign of not more than nine square feet shall be allowed per street frontage and waterfront side of the advertised property, shall not be illuminated, shall not be located within the public right-of- way, and shall be removed immediately once the property is off the market, or within 7 days of rental, lease or completion of sale. Real estate signs do not require a permit. 2. Construction signs. h' a) No permit is required. b) Not more than one sign is permitted on a single site per contractor. c) Signs may not exceed nine square feet in area. d) Signs must be placed on the advertised property or work site. e) There is no time limit on the duration of construction signs, however, signs shall be removed within seven days of issuance of an occupancy certificate or completion of work. 3. Subdivision lot plan signs. These are permitted if not in excess of 20 square feet on any subdivision, provided that no "for sale" signs shall be placed on the individual lots. The sign shall be placed on the subdivision property. Individual lot number signs not in excess of one square foot may be placed on each lot. The sign shall be removed when all lots are sold or after 3 years, whichever is shorter. 4. Special event signs. When an activity is to be opened in a nonresidential district, the owner may put up an informational sign not in excess of 12 square feet in area, which may remain in place for not more than 15 days. 5. Town and community event signs. Up to one month in advance of and during Town-wide and community events, signs not exceeding 60 square feet may be displayed as a means of publicizing the event. Town-wide and community events shall include those that have been declared by the Board of Selectmen or by vote of Town Meeting. P. Visitor information signs. Not-for-profit organizations providing visitor information to the general public are permitted to erect one sign not exceeding six square feet in size to advise the public of this service. Visitor information sign will be permitted in Brewster at locations designated by the Board of Selectmen. These signs are allowed in addition to any other signs allowed by the Brewster Sign By-law at the site. Q. "Welcome to Brewster" signs. Welcome signs are permitted at entrances to the Town. Signs shall not exceed 10 square feet and the top of said sign shall be no higher than eight feet above ground level. R. Window signs. Window signs are permitted as long as the total area of all such signs does not exceed 25% of all window area on which the signs appear. § 179-20.6. Off-premises signs. A. Off-premises sign. -Pg. 20 of 38- -Annual Town Meeting May 6th, 2013- 1. Any business wishing to place a sign on property other than its own, in addition to obtaining all requisite permits from the Massachusetts Outdoor Advertising Board and any other regional, state and local approvals, shall obtain written permission from the property owner and lessee if applicable,_where the sign will be posted and shall provide said written permission to the Building Official with the permit application or notification materials. 2. An off-premises business sign shall only be posted within a commercial or industrial district, except for agricultural uses as defined in Article I (Definitions) of this by-law which may be posted within a residential district. 3. Entities wishing to place off-premises signage on state-owned property or within state rights-of-way such as Route 6A shall seek permission from the state, in addition to meeting local requirements. 4. An off-premises sign shall be included in the calculation of total allowable signage for the property or business it is placed upon. 5. No permanent, commercial sign shall be allowed on any municipal property. 6. Ladder Signs: a) Ladder Signs are permitted at the following intersections of public ways which service commercial areas, preexisting businesses or town-owned community facilities: I. Route No. 6A and Thad Ellis Road. II. Route No. 6A and Underpass Road. III. Route No. 137 and Underpass Road. ' IV. Route No. 137 and Freeman's Way. V. Route No. 124 and Route No. 6A. VI. Route No. 39 and Freeman's Way. VII. Route No. 124 and Route No. 137. b) Ladder Sign Regulations. I. Signs shall be of a uniform design with a dark green background (dark green glossy, as in Town signs, or equal) and white letters, all in a non-Day-Glo paint, and shall be supported by unpainted ground, treated four-by-four posts. II. Signs shall not exceed 12 square feet in area and three feet in width between the support posts nor be more than six feet in height. III. Signs shall be constructed of a series of horizontal panels six inches in height and shall be constructed in a manner that as many as eight panels may be placed one above the other and be separately removable. IV. The subject matter of a sign shall be generic in nature, such as "drug store," identifying an activity or service, not a specific business name. V. Each six-by-thirty-six-inch panel can identify several activities depending upon lettering requirements, and all lettering shall be of uniform character. VI. A sign may be installed by a single business or group of businesses, and, whether one or several, it shall be the responsibility of the party or parties whose name(s) appear on the permit application(s) to ensure that the sign is maintained in good repair and appearance. VII. The lettering on the sign shall be simple block lettering as in the manner of recent signs installed by the Town with letters not more than 3 1/2 inches in height. VIII. If the sign is to be placed on a state highway, a permit from the state shall be obtained by the applicant before application is formally made to the Sign Commissioner in accordance with MGL C. 93, § 29. Said permit shall form -Pg. 21 of 38- Annual Town Meeting May 6th, 2013- part of the application. IX. If the sign is to be placed upon private property, written authorization therefore shall be obtained from the owner before application is formally made to the Sign Commissioner. Said authorization shall form a part of the application. X. The location of all signs shall be selected by the Sign Commissioner with the advice of the Traffic Management Advisory Committee or successor to assure traffic safety. XI. There shall be no more than one sign at any intersection. XII. When the public convenience and necessity require it, the Board of Appeals may grant a special permit for signs at other intersections providing directions to scenic areas, nonprofit institutions other than educational or similar activities of a predominantly nonprofit nature. XIII. Any traffic or directional sign owned and installed by a governmental agency shall be permitted. § 179-21. Enforcement; abandoned signs; appeals. A. Enforcement, permits and penalty: 1. Permits and certificates of appropriateness. a) All signs regulated by this Article require a sign permit issued by the Building Official with exception of§179-20.3. b) All signs located within the Old King's Highway Historic District require a certificate of appropriateness from the Historic District Committee. 2. Fees for sign permits shall be set by the Board of Selectmen. 3. The Building Official is authorized to order the repair or removal of any sign and its supporting structure which the Building Official judges to be dangerous or in disrepair or erected or maintained contrary to this Article. 4. The Building Official is authorized to issue citations for violations of these regulations by the method provided in MGL c. 40, § 21D. ti 5. Failure to respond to a properly issued citation within 21 days will make the person, trust or other enterprise exhibiting a sign not in compliance with this article, unless afforded protection under Article VIII of this chapter. B. Signs not complying with this article: 1. Signs without a valid permit shall be removed within 120 days of passage of this article. 2. Pre-existing signs and signs with valid permits: a) A legally pre-existing non-conforming sign or a sign with a valid permit issued prior to enactment of this article must remain in compliance with the requirements and conditions that enabled the valid permit to be originally issued. b) Failure of compliance will result in automatic revocation of the prior issued valid permit and require compliance with this Article for issuance of a current valid permit. c) Pre-existing, non-conforming signs that are relocated, replaced, structurally altered or not kept in a state of good repair shall not be allowed to continue as non-conforming signs and shall require new permits and compliance with this by-law. }_ d) A lawfully pre-existing non-conforming sign destroyed by natural disaster or accident may be replaced by a sign of the same dimensions, style, and in the same location as the original sign, but must be permitted. C. Abandoned signs. 1. When the Building Official finds that a sign has been abandoned, written notice ordering its removal shall be sent by certified mail, return receipt requested, to the owner of the property on which the -Pg. 22 of 38- Annual Town Meeting May 6th, 2013- sign is located and to the person to whom the permit was issued if not the owner. 2. Removal of abandoned signs or signs in violation of this Article. If a sign is not removed within 14 days of the issuance of an order, the Building Official shall remove or arrange for the removal of the sign. The sign shall be stored by the Building Official in a safe location for 30 days, after which time it may be appropriately disposed of. Any costs incurred shall be borne by the sign owner and if unpaid after 30 days, the Town may place a lien on any of the sign owner's property in Town. D. Appeals. Any individual aggrieved by a decision of the Building Official may appeal to the Brewster Board of Appeals as provided under MGL C. 40A of the Commonwealth of Massachusetts except that no variances may be granted for off-premises signs. 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. 21 as printed in the warrant. ACTION: DEFEATED 118 - YES 82 - NO (134 Required) ZONING BYLAW AMENDMENT/Parking Regulations ARTICLE NO. 22: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Article VII, Off Street Parking and Loading, by deleting the existing section and replacing it with the following: ARTICLE VII Off-Street Parking and Loading § 179-21. Policy on Off-Street Parking and Loading. A. If any structure is constructed, and any use of land established, or any existing use is changed after the effective date of this chapter, off-street parking spaces and loading areas should be provided in accordance with the Planning Board's Policy on Off-Street Parking and Loading ("Policy"). 1. The purpose of this Policy is to acknowledge the wide variety of circumstances surrounding each use in Brewster and to provide a starting point for negotiations for parking areas and loading areas between the Planning Board and an applicant. • 2. An existing structure which is enlarged, altered or extended, or an existing use which is extended after the effective date of this chapter shall use the Policy as a guide to provide off-street parking spaces and loading areas, unless the increase in units or measurements amounts to less than 25% of the total square footage on the site existing as of the effective date of this chapter, whether such increase occurs at one time or in successive stages. 3. The Planning Board will work with the applicant to determine the appropriate number of parking spaces and loading areas to be provided for a specific proposal. § 179-22. General Requirements. -Pg. 23 of 38- Annual Town Meeting May 6th, 2013- A. Parking spaces and loading areas being maintained in any district in connection with any existing use on the effective date of this chapter shall not decrease so long as said use remains, unless a corresponding number of parking spaces or loading spaces are constructed elsewhere, such that the total number of parking spaces and loading areas conforms with the Policy or is negotiated with the Planning Board based on the Policy. B. The parking spaces recommended for the uses listed in Table 1 of the Policy shall be on the same lot as the use they are intended to serve. 1. When practical difficulties prevent their establishment upon the same lot, they may be established no further than 300 feet from the y y premises to which they are appurtenant, and such spaces shall be located in the same zoning district as, or a zoning district that allows, the use that the off-site parking spaces are intended to serve. 2. In no case shall the recommended parking space be part of the area used to satisfy any loading recommendations of the Planning Board's policy on off-street parking and loading. 3. Off-street parking for a particular use may be fulfilled by the use of common off-street parking areas so long as the common area is located no further than 100 feet from the use it is intended to serve and that the _4 total off-street parking provided is equal to that which would be determined through negotiations between the Planning Board and the applicant. 4. The loading areas recommended for the uses listed in Table 2 of the Policy shall in all cases be on the same lot as the use they are intended to serve. 5. The establishment of one or more commercial parking lots or parking structures, as defined in § 179-2.B. shall constitute a change of use under §179-64 of Article XII (Site Plan Review), and shall be allowed only if it is approved under that Article. The requirements of §179-23 shall apply, except the special permit granting authority may allow a permeable surface if good reason is demonstrated. § 179-23. Parking and loading lot standards. A. Any parking space or loading area shall be subject to the following, unless rx otherwise waived or modified by the Planning Board in accordance with the provisions of Article XII of the Zoning Bylaws, Site Plan Review: 1. Parking setbacks shall be as follows: Zone Street Sideline Rear All zones 15 5 5 2. There shall be no storage of materials, equipment or display of merchandise within the required parking or loading areas. 3. Parking spaces and loading areas shall be arranged as not to require or allow backing of automobiles directly onto any street. 4. Parking spaces for vehicles shall be laid out to meet the following design criteria: -Pg. 24 of 38- A' -Annual Town Meeting May 6th, 2013- Angle Angle Space Width Space Length Aisle Width Total to Width the (in feet) (perpendicular to (in feet) curb aisle) (in feet) 450 10 20 15 50 600 10 20 18 56 900 10 20 24 64 B. All parking or loading areas containing over twenty spaces shall also be subject to the following, unless waived by the Planning Board in accordance with the provisions of Article XII of the Zoning Bylaws, Site Plan Review: 1. The area shall be effectively screened on each side that adjoins or faces the side or rear lot line of a lot situated in an R District. The screening shall consist of either a) a solid (ex. stockade) fence or wall not less than three feet or more than six feet in height or b) ornamental evergreen vegetation of a similar height planted not more than three feet apart on center, all maintained in good condition, and at least two feet from the lot line. The screening required by this subsection shall be set back 15 feet from each street lot line. 2. Driveways leading to or from a street or from a single area shall be surfaced with bituminous or cement concrete material or pavers set in concrete for a minimum of 20 feet from the intersection with a paved road and shall be graded and drained so as to dispose of all surface water runoff based upon the rational method using a ten-year design storm. Pervious pavement may also be utilized. The computations used to arrive at the design shall be made available to the Building Department. 3. A wheelstop of a solid material including masonry, steel, plastic, rubber or heavy timber, or a concrete curb or berm curb which is backed shall be placed at the edge of surfaced areas, except driveways, in order to protect abutting structures, properties and sidewalks. All wheelstops must be secured in place by a reinforcing bar or similar method to eliminate the wheelstops being moved by vehicles. 4. Any fixture used to illuminate any area required by this chapter shall be so arranged as to direct the light away from the street, oncoming vehicles and pedestrians, and away from any adjoining premises used for residential purposes. 5. Parking company-owned vehicles - in addition to the recommendations outlined in Table 1 of the Policy, one space will be required for each company-owned vehicle kept on the premises, including trailers and heavy machinery. The space provided must be of an adequate size to accommodate the equipment utilizing the space. or to take any other action relative thereto. (Two-thirds Vote Required) (Planning Board) -Pg. 25 of 38- Annual Town Meeting May 6th, 2013- MOTION: I move that the town vote to approve article no. 22 as printed in the warrant. ACTION: ADOPTED ZONING BYLAW AMENDMENT/Licensed Special Events ARTICLE NO. 23: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Article VI, Chapter 179-11, Table of Use Regulations, Table 1, by inserting a new #15, and renumbering subsequent lines: R-R R-L R-M C-H V-B I MRD PWS- CF 15. Licensed P P P P P P P P special event venue and to insert new definitions in Article I, §179-2 B as follows: LICENSED SPECIAL EVENT VENUE - A property, not specifically designed or permitted to be used for infrequent events such as, but not limited to art or theatrical exhibitions, concerts, dinners, parties, and weddings, to be attended by the public, including properties not expressly permitted to be rented for such occasions provided, however, that such venue has first received a license from the Board of Selectmen for such event. 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. 23 as printed in the warrant. ACTION: ADOPTED TOWN CODE AMENDMENT/Animal Control {f ARTICLE NO. 24: To see if the Town will vote to amend the Code of the Town of Brewster by replacing Chapter 86 (Dogs) with Chapter 86 (Animal Control) by deleting the following current language: Current Language: Chapter 86, DOGS ARTICLE I, Restraint § 86-1. Action by Dog Officer. -Pg. 26 of 38- -Annual Town Meeting May 6th, 2013- To implement the year-round dog restraining order, all dogs found at large shall be picked up by the Dog Officer and brought to the dog pound. § 86-2. Violations and penalties. A fine of$25 shall be paid for an initial offense and a fine of$25 for all subsequent offenses, as provided in MGL c.140, § 173A, as amended by Ch. 627, Acts of 1973. X ARTICLE II, Licensing § 86-3. Animal control. A. Definitions. The following words and phrases shall have the following meanings: KEEPER -- Any person, other than the owner, harboring or having in his possession any dog. LICENSE PERIOD -- Between April 1 and March 31, both dates inclusive. MULTIPLE PET HOUSEHOLD -- More than three dogs over the age of six months of age at a single private residence. B. Licensing required. (1) Effective January 1, 2003, any person residing in the Town of Brewster who, at the beginning of the license period (April 1 to March 31), or who during the license period becomes the owner or keeper of a dog six months old or over, shall cause the dog to be licensed within 30 days. (2) On the license form, the Town Clerk shall record the name, address, phone number of the owner or keeper of the dog, and the name, license number, breed, age and date of rabies expiration. The name of the Town and the year will also be printed on the tag. (3) The owner or keeper shall cause the dog to wear around its neck or body a collar or harness to which he shall securely attach the license tags. In the event that any tag is lost, defaced, or destroyed, the owner or keeper shall obtain substitute tags from the Town Clerk at the cost of$1. (4) The Town Clerk shall not issue a license for any dog unless the owner or keeper provides the Town Clerk with a veterinarian's certificate verifying that the dog is currently vaccinated against rabies. (5) The fee for each dog license shall be $12 unless it is accompanied by a certificate from a veterinarian stating that the dog has been spayed or neutered, in which case the fee shall be $6. No fee shall be charged for a dog specially trained to lead the blind or serve a blind or deaf person upon presentation to the Town Clerk of a certificate of such training. (6) The Town Clerk shall collect a late fee of $10 for every dog license issued after the thirty-day period. (7) Any owner or keeper of a dog who moves into the Town of Brewster and has a valid license for his/her dog from another city or town in the commonwealth may obtain a dog license, upon forfeiture of the old license, for $1. -Pg. 27 of 38- Annual Town Meeting May 6th, 2013- a (8) Violation and penalties. Whoever, as owner or keeper of a dog, fails to license such dog later than the 30 days after a license period begins shall be subject to a fine of$25. C. Kennel licenses. (1) Any owner or keeper of more than three dogs shall obtain a kennel license for a multiple pet household upon payment of$50. The owner or keeper shall present the Town Clerk verification that all dogs six months or older have been currently immunized against rabies. (2) Violations and penalties. Any person who violates the provisions of this subsection shall receive a written warning for the offense, and for each subsequent offense shall be liable for a payment of a fine of$25. D. Restraining of dogs. All dogs owned or kept within the Town of Brewster shall at all times be kept securely restrained by means of a suitable leash, rope, chain or other reasonable method which effectively confines the dog to the property owned, occupied or controlled by the dog's owner or keeper; provided, however, a dog in the presence of its owner or keeper or responsible person having charge thereof and under the control of said person, need not be restrained by means of a rope. Whoever as owner or keeper fails to restrain his/her dog shall be subject to a fine of$25 and to act fully thereon. v$, § 86-4. Disposition of funds. Notwithstanding the provisions of MGL C.140, § 147, or any other provision of law to the contrary, all money received for licenses or from the sale of dog licenses by the town under the provisions of said MGL C.140, relating to dogs, shall be paid into the town treasury of said town and shall not thereafter be paid over to the County of Barnstable. § 86-5. Licensing official. Notwithstanding the provisions of MGL C.140, § 137, or any other provision of law to the contrary, the registration, numeral listing, description and licensing of dogs, if kept in said town, shall be conducted by the Town Clerk of said town. and substituting the following proposed language: fi Chapter 86, ANIMAL CONTROL ARTICLE I, Definitions § 86-1. Definitions. The following words and phrases shall have the following meanings: ANIMAL CONTROL OFFICER - Any officer assigned by the Chief of Police to enforce the laws relating to animals set forth in Massachusetts General Laws, Chapter 140, Section 136A through 174E, inclusive. -Pg. 28 of 38- -Annual Town Meeting May 6th, 2013- ANIMALS USED FOR THOSE REQUIRING SPECIALIZED ASSISTANCE - An animal that is individually trained to do work or perform tasks for a person with a disability. If the animal meets this definition, the animal is considered a service animal. The animal does not have to be licensed or certified as a service animal. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. In accordance with the Americans with Disabilities Act (ADA) service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal's work or the individual's disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. DOMESTIC CHARITABLE CORPORATION KENNEL- a facility operated, owned or maintained by a domestic charitable corporation or an animal welfare society or other nonprofit organization incorporated for the purpose of providing for and promoting the welfare, protection and humane treatment of animals. KENNEL, COMMERCIAL - an establishment not otherwise exempted by G.L. c. 140, §136A, used for boarding, holding, day care, overnight stays or training of animals that are not the property of the owner of the establishment, at which such services are rendered in exchange for consideration and in the absence of the owner of any such animal. KENNEL, PERSONAL - More than four (4) dogs six (6)three (3) months old or older, owned or kept under single ownership, for private personal use; provided, however, that breeding of personally owned dogs may take place for the purpose of improving, exhibiting or showing the breed, or for use in legal sporting activity or other personal reasons; provided, further, that selling, trading, bartering or distributing such breeding from a personal kennel shall be to other breeders or individuals by private sale only and not to wholesalers, brokers or pet shops; provided, further, that a personal kennel shall not sell, trade, barter or distribute a dog not bred from its personally-owned dog; and provided further, that dogs temporarily housed at a personal kennel, in conjunction with an animal shelter or rescue registered with the department, may be sold, traded, bartered or distributed if the transfer is not for profit. J.,ICENSE PERIOD - The period of time for the validity of a dog license, including the date of issuance of the license through the date on which the license expires, inclusive. In Brewster, the License Period shall be from January 1 through December 31 inclusive each year. OFF LEASH DOG AREA - A portion of a public, town-owned property officially designated by the local governing body have the care, custody and control of the property as being a specifically defined area where dogs are permitted to be off-leash, but subject to rules and regulations imposed by the governing body having charge of the property for the safe operation and maintenance of the Off Leash Dog Area. In addition to areas hereafter officially designated as Off -Pg. 29 of 38- Annual Town Meeting May 6th, 2013- Leash Dog Areas by the applicable governing body, all town-owned beaches and tidal flats in the Town of Brewster are officially designated Off Leash Dog Areas between October 1 to April 30 each year. OWNER or KEEPER - Any person, business, corporation, entity or society possessing, harboring, keeping, having an interest in, or having control or custody of an animal. HUNTING DOG - A dog trained in hunting accompanied by an owner or keeper with a valid hunting license. ARTICLE II, Licensing § 86-2. Licensing. A. Dog Licensing. (1) Any person residing in the Town of Brewster, who at the beginning of the license period (January 1st to December 31St), or who during the license period becomes the owner or keeper of a dog six months of age or older, shall cause the dog to be licensed within 30 days. The Town Clerk shall issue dog licenses and tags on a form prescribed and furnished by the Town. (2) On the license form, the Town Clerk shall record the name, address, phone number of the owner or keeper of the dog, and the name, license number and description of each dog. Each tag shall include the license number, the name of the Town and the year of issue. (3) The owner or keeper shall cause each dog to wear around its neck or body a collar or harness to which the license tag shall be securely attached. In the event that any tag becomes lost, defaced or destroyed, substitute tags shall be obtained by the owner or keeper from the Town Clerk at the cost of one dollar (S1). (4) The license shall be granted upon condition that the dog shall be controlled and restrained from killing, chasing or harassing livestock or fowl. (5) The Town Clerk shall not issue a license for any dog unless the owner or keeper provides the Town Clerk with a veterinarian's certificate verifying that the dog is currently vaccinated against rabies in accordance with General Laws, Chapter 140, Section 145B, certification that such dog is exempt from the vaccination requirement under said section 145B or a notarized letter from a veterinarian that either of these certifications was issued relative to such dog. (6) An exemption from the requirement of having to produce valid rabies certificate in order to obtain a dog license shall be granted if the owner or keeper presents a signed statement from a veterinarian, indicating that because of infirmity, other physical condition or regimen of therapy, inoculation is thereby deemed inadvisable. (7) The fee for each dog license shall be twenty dollars ($20) unless a certificate from a veterinarian stating that the dog has been spayed or TM neutered is presented to the Town Clerk, in which case the fee shall be ten dollars ($10). The fee shall be waived for animals used by persons for specialized assistance upon presentation of a certificate of such training to the Town Clerk. -Pg. 30 of 38- -Annual Town Meeting May 6th, 2013- r (8) Any owner or keeper of a dog who moves into the Town of Brewster and has a valid dog license for his/her dog from another city or town in the Commonwealth shall, within thirty (30) days obtain a dog license for a fee of one dollar ($1) upon producing evidence of the previous license. (9) No license fee or part thereof shall be refunded because of subsequent death, loss, transfer of ownership, spaying or neutering, or removal from the Town of Brewster. (10) No license shall be issued to any person found guilty of, or penalized in any manner for a violation of any provision of sections seventy-seven, eighty A, ninety-four or ninety-five of chapter two hundred and seventy- two (Cruelty to Animals) for a period of 10 (ten) years from the date of his/her being found guilty or penalized as aforesaid, and any such license and tag so issued shall be void and shall be surrendered on demand of any authority granting such license and tag. No fee received for a license and tag made void under this section shall be refunded to the holder thereof. (11)The Town Clerk may collect a late fee in the amount of ten dollars ($10) for every dog license issued after the thirty-day period. (12)Whoever violates the provisions of this section may be subject to a fine of fifty dollars ($50), as provided in MGL c.140, § 173A, as amended by 2012, 193, Sec. 44 effective October 31, 2012. B. Personal Kennel Licensing (1) Any owner or keeper of four (4) or more dogs six (6)three (3) months of age or older, being maintained at a single residence, shall secure a Personal Kennel License. The Town Clerk shall not issue a Personal Kennel License unless the owner or keeper provides the Town Clerk with a veterinarian's certificate verifying that each dog six (6)three (3) months of age or older is currently vaccinated against rabies. (2) Issuance of a Personal Kennel License may be contingent upon inspection and approval by the Animal Control Officer to ensure that basic standards of cleanliness and proper care and confinement of said dogs exist on the premises. (3) Such license shall be in a form prescribed by the Town Clerk. Such license shall be in lieu of any other license for any dog while kept at such kennel during any portion of the period for which such kennel license is issued. The holder of a license for a Personal Kennel shall cause each dog kept therein to wear a collar, to which shall be surely securely attached a tag upon which shall appear the number of such kennel license, the name of the Town and the year of issue. (4) The Personal Kennel License fee shall be fifty dollars ($50). (5) Whoever violates the provisions of this section may be subject to a fine of fifty dollars ($50), as provided in MGL c.140, § 137C, as amended by 2012, 193, Sec. 6 effective October 31, 2012. C. Commercial Kennel Licensing 1. (1) A kennel maintained as a business for the boarding, training, or grooming of dogs shall obtain a Commercial Kennel License. (2) Issuance of Commercial Kennel License may be contingent upon inspection and approval by the Animal Control Officer, Animal Inspector or any agent authorized by the Town of Brewster to ensure that basic standards of cleanliness and proper care and confinement of said dogs exist on the premises. The name and address of the owner of each dog kept in any kennel, if other that than the person maintaining the kennel, -Pg. 31 of 38- Annual Town Meeting May 6th, 2013- i and a veterinarian's certificate verifying that each dog six (6)three (3) months of age or older is currently vaccinated against rabies, shall be kept on file and available for inspection by the Animal Control Officer or any authorized persons. (3) The Commercial Kennel License fee shall be one hundred dollars ($100). (4) The Town Clerk shall, upon application, issue without charge a Commercial Kennel License to any domestic charitable corporation, incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse, and for the relief of suffering among animals. (5) A veterinary hospital shall not be considered a kennel unless it contains an area for selling or boarding of dogs for other than medical purposes, wy- in which case it shall apply for a Commercial Kennel License. The Animal Control Officer or Animal Inspector, or any agent authorized by the Town of Brewster may, at any reasonable time, inspect any kennel or premises for which a Personal Kennel License or a Commercial Kennel License has been issued. (6) Whoever violates the provisions of this section may be subject to a fine of fifty dollars ($50), as provided in MGL c.140, § 137C, as amended 2012, by 193, Sec. 6 effective October 31, 2012. § 86-3. Disposition of funds. Notwithstanding the provisions of MGL C.140, § 147 and § 172, or any other provision of law to the contrary, all money received for licenses or from the sale ;5 of dog licenses by the town under the provisions of said MGL C.140, relating to dogs, shall be paid into the town treasury of said town. § 86-4. Licensing official. Notwithstanding the provisions of MGL C.140, § 147, or any other provision of law to the contrary, the registration, numeral listing, description and licensing of dogs, if kept in said town, shall be conducted by the Town Clerk of said town. ARTICLE III, Vaccinations § 86-5. Vaccinations. A. Vaccination of Dogs, Cats and Ferrets Against Rabies. (1) The Unless exempted pursuant to the provisions of G.L. c. 140, §145B, the owner or keeper of a dog, cat or ferret six (6) months of age or older shall cause such dog, cat or ferret to be vaccinated against rabies by a licensed veterinarian using a licensed vaccine according to the manufacturer's directions and approved by the Massachusetts Department of Public Health and shall cause such dog, cat or ferret to be revaccinated at intervals recommended by the manufacturer. Unvaccinated dogs, cats or ferrets acquired or moved into the Town of Brewster shall be vaccinated within thirty (30) days after the acquisition or arrival into the Town of Brewster or upon reaching the age of six (6) months, whichever last occurs. Such owner or keeper shall obtain a veterinarian's certificate that such animal has been so vaccinated and setting forth the date of such vaccination and the duration of immunity. -Pg. 32 of 38- -Annual Town Meeting May 6th, 2013- (2) The veterinarian shall issue a tag with each certificate of vaccination. The tag shall be secured by the owner or keeper of such dog, cat or ferret to a collar or harness made of suitable material to be worn by the dog, cat or ferret; provided however, the owner of a cat or ferret may choose not to affix the tag, but shall have the tag available for inspection by the Animal Control Officer, Police Officers or other such authorized officials of the Town of Brewster. (3) Whoever violates the provisions of this section may be subject to a fine of fifty dollars ($50), as provided in MGL c.140, § 1458, as amended by 2012, 193, Sec. 17 effective October 31, 2012. ARTICLE IV, Restraint § 86-6. Restraining of Dogs. (1) Any person as owner or keeper of a dog shall not allow it to run at large in any of the streets or public places in the Town of Brewster or upon premises other than the premises of such owner or keeper, unless the owner or lawful occupant of such other premises grants permission. (2) No dog shall be allowed in on any public, town-owned property within the Town unless: i) it is effectively restrained and controlled by a leash; or ii) unless it is confined within a motor vehicle; or iii) unless it is within a portion of the said town-owned property officially designated as an Off- leash Leash dog area as defined in §86-1 and as described in (3) below. (3) Within any area officially designated as an Off-leash Leash Dog Area, dogs shall not be required to be leashed provided: (a) The dog(s) must at all times be accompanied by, and under the immediate and effective voice control, of the owner or keeper. (b) The owner or keeper in charge of the dog(s) inside a designated off leash area must control the animal so that it does not disturb or threaten people or other dogs using the area (4) This section shall not be construed to limit or prohibit the use of hunting dogs during the hunting season. (5) Whoever violates the provisions of this section may be subject to a fine of fifty dollars ($50), as provided in MGL c.140, § 173, as amended by 2012, 193, Sec. 43 effective October 31, 2012. § 86-7. Action by Animal Control Officer. (1) All dogs found at large may be picked up by the Animal Control Officer or Police Officer and either returned to the owner or keeper or brought to the Town's designated holding facility. (2) Whoever violates the provisions of this section may be subject to a fine of fifty dollars ($50), as provided in MGL c.140, § 173, as amended by 2012, 193, Sec. 43 effective October 31, 2012. 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, however that the following items be amended: -Pg. 33 of 38- Annual Town Meeting May 6th, 2013- 1) § 86-1. Definitions. Kennel Personal - Amend the first line to read, as follows: "Four (4) or more dogs aged six (6) months of age or older". 2) § 86-2. Licensing. B. Personal Kennel Licensing. Amend the first line to read of (1), as follows: "four (4) or more dogs aged six (6) months of age or older" and eliminate the words "three (3)" in the fifth lines. 3) § 86-2. Licensing. C. Commercial Kennel Licensing. (2) eliminate the words "three (3)" in the seventh line. 4) § 86-2. Licensing. C. Commercial Kennel Licensing. (5) Renumber the second sentence, which reads, "The Animal Control Officer or Animal Inspector, or any agent authorized by the Town of Brewster of may, at any reasonable time, inspect any kennel or premise for which a Personal Kennel License or a Commercial Kennel License has been issued" to section (6). 5) § 86-2. Licensing. C. Commercial Kennel Licensing. (6) renumber the reference to this sections to (7). 6) § 86-7 Actions by Animal Control Officer. (2) eliminate the words "not more than". MOTION TO MOVE THE PREVIOUS QUESTION: ADOPTED ACTION: DEFEATED DRUMMER BOY PARK/Dog Regulations ARTICLE NO. 25: To see if the Town will vote that in order to achieve an equitable, simple and inexpensive solution to the issue of the dogs' presence at the Drummer Boy Park, the following citizens of Brewster direct the Brewster Selectmen to implement a regulation where by dogs would be allowed to run off leash under voice control of their owners on the Drummer Boy Park premises before 9am and after 4pm from May 1st thru October 1st, and unrestricted from }, October 1st to May 1st, or to take any other action relative thereto. (Majority Vote Required) (Citizens Petition) MOTION: I move that the town vote to approve article no. 25 as printed in the warrant. AMENDMENT OF THE MAIN MOTION: Delete the words "Before 9am and after 4pm from May lst thru Oct. tat, and" ACTION ON AMENDED MOTION: DEFEATED MOTION TO MOVE THE PREVIOUS QUESTION: ADOPTED ACTION ON MAIN MOTION: DEFEATED DRUMMER BOY PARK/Off Leash Dog Park Plan ARTICLE NO. 26: To see if the Town will vote to authorize the Selectmen to designate an area in the southwest quadrant of Drummer Boy Park, Route 6A in West Brewster, for the purpose of allowing dogs to run off leash, approximately 55,000 square feet (1.25 acres) in area and enclosed by a -Pg. 34 of 38- -Annual Town Meeting May 6th, 2013- perimeter fence of sufficient height and material to contain dogs, as shown on the plan incorporated into this Article; to authorize the Selectmen to establish a "Dog Park Gift Fund" and accept donations to cover the cost of construction of said area; to authorize Town-provided labor to assist in the construction; to authorize the Selectmen to solicit bids and/or proposals, and to enter into a contract or contracts for construction related services; provided, however, that construction shall not commence until such time as amounts in the Dog Park Gift Fund are sufficient to cover 100% of the costs of construction, less any fr Town-provided labor; and to authorize the Selectmen to develop and promulgate rules and regulations for the safe operation and continued funding and maintenance of the off leash dog area; or take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 26 as printed in the warrant. MOTION TO MOVE THE PREVIOUS QUESTION: ADOPTED ACTION: DEFEATED TOWN CODE AMENDMENT/ Civil Fingerprinting ARTICLE NO. 27: To see if the Town will vote to amend the Code of the Town of Brewster by adding the following as Chapter 49, as authorized by Massachusetts General Laws as Chapter 6, Section 172 B 1/2, to create a by- law enabling the Police Department to conduct State and Federal Fingerprint based criminal history records checks for individuals applying for or in procession possession of certain licenses enumerated in the by-law, and further, that the Town Bylaws Code be amended by inserting the following in Article by-law as Chapter 49. Police Regulations, Fingerprint-Based Criminal Record Background Checks, as follows: Fingerprint-Based Criminal History Record Background Checks 49-1 Purpose and Authorization In order to protect the health, safety, and welfare of the inhabitants of the Town of Brewster, and as authorized by Chapter 6, section 172B 1/2 of the Massachusetts General Laws as enacted by Chapter 256 of the Acts of 2010, this by-law shall require a) applicants for certain Town licenses permitting the engagement in specific occupational activities within the Town as enumerated in Section 49-2 below to submit to fingerprinting by the Brewster Police Department, b) the Police Department to conduct criminal history record background checks based on such fingerprints pursuant to sections 168 and r` 172 and 28 U.S.C. §534, and c) the Town to consider the results of such background checks in determining whether or not to grant a license. The Town authorizes Fingerprint submissions may be submitted under this Chapter to the identification unit within the department of the Massachusetts State Police, through the Massachusetts Department of Criminal Justice Information Systems (DCJIS), or its successor, for a state criminal history records check and to the Federal Bureau of Investigation (FBI) for a national criminal history records check, as may be applicable to conduct on the behalf of the Town and its Police Department fingerprint-based state and national -Pg. 35 of 38- Annual Town Meeting May 6th, 2013- criminal record background checks, including of FBI records, and consistent with this by-law. The Town authorizes the Licensing Authority and Police Department to receive and utilize these state and FBI records in connection with such background checks, consistent with this by-law. 49-2 Applicant's Submission to Fingerprinting by the Brewster Police Department Any applicant for a license to engage in any of the following occupational activities within the Town shall submit a full set of fingerprints taken by the Brewster Police Department within ten (10) days of the date of the application for a license for the purpose of conducting a state and national criminal history record background check to determine the suitability of the applicant for the license: Manager of Alcoholic Beverage License (Manager) Hawker and Peddler Ice Cream Truck Vendor At the time of fingerprinting, the Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual's state and FBI criminal history records. 49-3 Police Department Processing of Fingerprint-Based Criminal Record Background Checks and Communication of Results The Police Department shall transmit fingerprints it has obtained pursuant to Section 49-2 of this by-law to the Identification Section of the Massachusetts State Police, DCJIS, and/or the FBI as may be necessary for the purpose of conducting fingerprint-based state and national criminal history records %3 background checks of license applicants specified in Section 49-2. The Police Department shall provide the applicant with a copy of the results of his or her fingerprint-based criminal history record background check and supply the applicant the opportunity to complete or challenge the accuracy of the information contained in it, including in the FBI identification record. The Police Department shall also supply applicants with information regarding the procedures for obtaining a change, correction, or updating of a criminal record, including a copy of 28 C.F.R. Part 16.34 pertaining to FBI identification records. The Police Department shall not utilize the fingerprint-based criminal 'F history record background check pursuant to the paragraph below until it has taken the steps detailed in this paragraph and otherwise complied with the Town's policy applicable to Town licensing-related criminal history record background checks. The Police Department shall communicate the results of fingerprint-based criminal history record background checks to the applicable licensing authority within the Town. The Police Department shall indicate whether the applicant has been convicted of, or is awaiting final adjudication for, a crime that bears upon his or her suitability or any felony or misdemeanor that involved force or threat of force, controlled substances or a sex-related offense. 49-4 Reliance on Results of Fingerprint-Based Criminal History Record Background Checks Licensing authorities of the Town shall utilize the results of fingerprint-based criminal history record background checks for the sole purpose of determining "3 the suitability of the subjects of the checks in connection with applicants for the proposed occupational activity that is the subject of the license applications specified in Section 49-2. A Town licensing authority may deny an application for a license on the basis of the results of a fingerprint-based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and Town policies { -Pg. 36 of 38- 3 -Annual Town Meeting May 6th, 2013- bearing on an applicant's suitability in making this determination. The licensing authority shall not deny a license based on information in a criminal record unless the applicant has been afforded a reasonable time to correct or complete the record or has declined to do so. 49-5 Compliance with Law, Regulation, and Town Policy Implementation of this by-law and the conducting of fingerprint-based criminal record background checks by the Town shall be in accordance with all c applicable laws, regulations, and Town policies, including, but not limited to, the Town's policy applicable to licensing-related criminal record background checks which shall include record retention and confidentiality requirements. The Town shall not disseminate the results of fingerprint-based criminal background checks except as may be provided by law, regulation, and Town policy. The Town shall not disseminate criminal record information received from the FBI to unauthorized persons or entities. 49-6 Fees The fee charged by the Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be one hundred dollars ($100). A portion of the fee, as specified in Mass. Gen. Laws Chapter 6, Section 172B 1/2, shall be deposited into the Firearms Fingerprint Agency Account, and the remainder of the fee may be retained by the Town for costs associated with the administration of the fingerprinting system. or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to indefinitely postpone consideration of article no. 2 7. ACTION: INDEFINITELY POSTPONED REAL ESTATE/Sand Rights Release ARTICLE NO. 28: To see if the Town will vote to authorize the Board of Selectmen, for consideration of a sum of money to abandon or convey to Thomas Q. Garvey III and Thomas Q. Garvey IV, as Trustees of the Garvey Realty Trust, under Declaration of Trust dated 12/23/2000 and recorded in the Barnstable County Registry of Deeds in Book 13488, Page 141, as owners of the property off Brier Lane in Brewster and identified as Lot 50 on Brewster Assessors' Map 48, and further shown as Lot 4 on the plan of land recorded in said Registry in Plan Book 361, Page 75 (hereinafter, "the Garvey Realty Trust Property"), the rights of the Town of Brewster, as owner of the abutting land identified as Lot 63 on Brewster Assessors' Map 48 by virtue of a deed dated December 28, 1977 from Eugene B. Ryone, recorded in said Registry in Book 2639, Page 228 (hereinafter, "the Town Property"), all rights benefitting the ;r Town Property to take sand and to pass and repass over the Garvey Realty Trust Property; or to take any other action relative thereto. (Two-thirds Vote Required) (Board of Selectmen) MOTION: I move that the town vote to indefinitely postpone consideration of article no. 28. ACTION: INDEFINITELY POSTPONED -Pg. 37 of 38- Annual Town Meeting May 6th, 2013- PROFESSIONAL SERVICES/Banking Charges ARTICLE NO. 29: To see if the Town will vote to transfer from Free Cash the sum of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00), which will be utilized by the Town Treasurer for expenses related to banking service charges, 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 Selectmen) MOTION: I move that the town vote to approve article no. 29 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY CITIZENS PETITION: POSTPONE IMPLEMENTATION OF PAYT ARTICLE NO. 30: To see if the Town will vote "to postpone any action on implementing a "pay-as-you-throw" ("PAYT") program for the Transfer Station during calendar year 2013 and that the Recycling Committee further investigate the PAYT program, present a report to the public, and that the public vote for or against implementing such a program at the spring 2014 annual town meeting" or to take any other action relative thereto. (Majority Vote Required) (Citizens Petition) k MOTION: I move that the town vote to approve article no. 30 as printed in the warrant. MOTION TO MOVE THE PREVIOUS QUESTION: ADOPTED ACTION: DEFEATED ANY OTHER BUSINESS ARTICLE NO. 31: To act on any other business that may legally come before this meeting. (Board of Selectmen) { MOTION: I move that the town vote to dissolve the 2013 Annual Town Meeting. ACTION: ADOPTED UNANIMOUSLY The Annual Town Meeting of May 6th, 2013 was dissolved at 11:15pm. A True Copy Attest: USA a ° Colette M. Williams, CMC Town Clerk -Pg. 38 of 38-