HomeMy Public PortalAbout2010-05-03-Annual Town Mtg ReportReport of the
ANNUAL TOWN MEETING
May 3RD, 2010
In accordance with the Warrant, the Annual Town Meeting was held in the Stony Brook
Cafetorium on Monday, May 3RD, 2010.
The meeting was called to order at 7:00p.m. by the moderator, Stephen L. Doyle.
The tellers were David Lahive, David Quinn and Pat Galante. The checkers were June
Gallant, Nancy Berbrick, Elizabeth Hardy, Ann Golini, Joan Bernstein, Colette Williams,
John Unger and Maureen Steinnman. Joanne Hush, Chairman of the Board of Registrars.
A quorum was present.
There were two recognitions of service: Dyanne Cooney, Selectmen and Steve Jones,
Brewster School Committee both retiring from their positions this year.
The Town Clerk, Mildred A. Unger, read the Annual Town Meeting Warrant and the return
of the Warrant. There being no objection, the Moderator dispensed with the reading of
the articles.
CAPE COD VOCATIONAL TECHNICAL SCHOOL OPERATING BUDGET
ARTICLE NO. 1: To see if the Town will vote to raise and appropriate and/or
transfer from available funds a sum of money to defray Cape Cod Vocational Technical
High School charges and expenses for the Fiscal Year ending June 30, 2011, as follows:
DEPARTMENT FY2009 FY 2010 FY 2011
CAPE COD TECH.
ASSESSMENT $680,958.00 $683,190.00 $688,641.00
TOTAL ASSESSMENT $680,958.00 $683,190.00 $688,641.00
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 $688,641.00 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, 2011, as follows:
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY2009 FY 2010 FY 2011
ELEMENTARY SCHOOL
BUDGET 5,335,563.13 5,749,541.00 6,122,940.00
TOTAL ELEMENTARY
SCHOOL 5,335,563.13 5,749,541.00 6,122,940.00
or to take any other action relative thereto.
(Majority Vote Required) (Elementary School Committee)
MOTION: I move that the town vote to approve article no. 2 as printed in the
warrant, however that the appropriation be amended from the sum of
$6,122,940.00 to $5,858,061.00, and to raise and appropriate the amended
sum of $5,858,061.00 for this purpose.
ACTION: ADOPTED
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, 2011, as follows:
SELECTMEN
EXPENDED APPROPRIATED REQUESTED
Item DEPARTMENT FY2009 FY 2010 FY 2011
1 MODERATOR WAGES 300.00 300.00 300.00
2 SELECTMEN'S WAGES 5,250.00 5,250.00 5,250.00
STAFF WAGES 52,540.94 54,183.00 57,055.00
EDUCATIONAL REIMB 1,384.00 2,200.00 2,000.00
EXPENSES 30,295.82 52,075.00 28,725.00
ADMINISTRATOR WAGES 243,933.21 249,011.00 261,458.00
EXPENSES 8,393.47 9,400.00 9,800.00
LEGAL EXPENSES 93,407.66 102,000.00 105,000.00
TOWN REPORT EXPENSES 5,340.97 6,500.00 6,500.00
3 FINCOM EXPENSES 2,000.00 2,000.00 2,000.00
RESERVE FUND 76,650.00 85,000.00 92,000.00
4 ACCOUNTANT WAGES 136,191.20 139,261.00 146,087.00
AUDIT OF ACCOUNTS 25,500.00 25,500.00 29,500.00
EXPENSES 2,118.17 3,205.00 2,970.00
ASSESSOR WAGES 138,047.43 141,671.00 105,597.00
EXPENSES 17,318.36 4,300.00 3,800.00
TREAS/COLL WAGES 197,162.01 199,590.00 200,908.00
EXPENSES 22,681.96 26,900.00 26,900.00
INFORMATION TECHNOLOGY
WAGES 70,663.71 72,068.00 75,136.00
EXPENSES 47,827.65 55,255.00 57,081.00
DEBT SERVICE 3,206,826.36 3,105,349.00 2,985,891.00
FRINGE BENEFITS 2,375,863.86 2,682,182.00 2,867,052.00
RETIREMENT/PENSION 1,093,090.23 1,219,032.00 1,356,015.00
5 TOWN CLERK'S WAGES 60,229.19 64,659.00 65,824.00
CLERK STAFF WAGES 61,734.25 62,941.00 48,352.00
EXPENSES 19,795.71 21,055.00 25,355.00
6 TOWN HALL MAINT WAGES 80,918.76 87,208.00 90,523.00
EXPENSES 20,131.57 19,500.00 19,500.00
COA BLDG EXPENSES 4,704.08 7,200.00 7,200.00
DRUMMER BOY EXPENSES 502.75 800.00 800.00
7 CONSTABLE 250.00 250.00 250.00
POLICE WAGES 1,770,114.21 1,818,330.00 1,810,160.00
EXPENSES 114,262.81 125,700.00 127,405.00
8 FIRE/RESCUE WAGES 1,332,545.96 1,385,256.00 1,424,772.00
EXPENSES 104,644.16 101,800.00 98,300.00
RESCUE EXPENSES 82,544.77 87,000.00 87,000.00
STATION EXPENSES 34,967.30 32,000.00 32,000.00
9 PLANNING WAGES 81,294.65 127,936.00 136,621.00
PLANNING/APPEALS EXPENSES 4,605.20 3,900.00 3,315.00
10 BLDG INSPECTOR/HDC WAGES 256,902.47 281,666.00 293,229.00
BUILDING/HDC EXPENSES 5,582.29 6,300.00 6,300.00
11 NATURAL RESOURCES AND
CONSERVATION WAGES 178,275.24 182,406.00 190,299.00
EXPENSES 28,858.50 32,350.00 32,350.00
PROPAGATION 6,000.00 6,000.00 6,000.00
12 BOARD OF HEALTH WAGES 154,309.34 159,856.00 165,089.00
VISITING NURSE ASSOC. 17,940.00 18,360.00 18,357.00
EXPENSES 2,644.78 4,400.00 4,000.00
13 DPW WAGES 770,461.21 783,856.00 822,686.00
ROAD MACHINERY 53,796.94 40,800.00 40,800.00
SNOW & ICE CONTROL 191,302.84 110,000.00 120,000.00
EXPENSES 198,133.70 206,214.00 213590.00
SOLID WASTE DISPOSAL 261,230.46 294,338.00 161,552.00
STREETLIGHTING 9,760.65 9,800.00 9,800.00
14 WATER COMM. WAGES 2,200.00 0.00 0.00
WATER STAFF WAGES 634,526.75 660,746.00 680,556.00
OPERATING EXPENSES 349,113.19 427,401.00 424,291.00
EQUIPMENT EXPENSES 11,821.08 11,320.00 12,570.00
15 GOLF DEPT WAGES 1,132,274.79 1,157,999.00 1,179,269.00
EXPENSES 803,872.43 803,236.00 816,075.00
16 RECREATION WAGES 96,853.20 98,743.00 98,743.00
EXPENSES 17,002.74 17,639.00 17,639.00
17 COUNCIL ON AGING WAGES 164,236.48 169,042.00 158,354.00
EXPENSES 11,002.10 11,982.00 11,982.00
18 LADIES LIBRARY 499,544.00 518,000.00 521,586.00
19 ALEWIVE COMM. WAGES 2,619.83 2,500.00 2,500.00
EXPENSES 800.10 900.00 900.00
OLD MILL SITE COMM. 3,500.00 4,000.00 4,000.00
20 UTILITIES 546,296.51 476,283.00 477,000.00
LIABILITY INSURANCE 322,346.00 283,248.00 300,000.00
21 ASSESSMENTS 39,847.04 40,770.00 41,789.00
MEMORIAL/VETERANS DAY EXP. 1,500.00 1,500.00 1,500.00
VETERANS SERVICES 26,777.24 20,000.00 26,000.00
GRAND TOTAL 18,427,364.28 19,029,422.00 19,263,208.00
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 the following line items be amended:
• Line item no. 2 Selectmen’s Staff Wages be amended from the sum of
$57,055.00 to $56,073.00,
• Line item no. 2 Administrator Wages be amended from the sum of
$261,458.00 to $256,850.00,
• Line item no. 4 Accountant Wages be amended from the sum of
$146,087.00 to $143,331.00,
• Line item no. 4 Assessor Wages be amended from the sum of
$105,597.00 to $103,549.00,
• Line item no. 4 Treasurer/Collector Wages be amended from the sum of
$200,908.00 to $197,694.00,
• Line item no. 4 Information Technology Wages be amended from the sum
of $75,136.00 to $74,381.00,
• Line item no. 4 Fringe Benefits be amended from the sum of
$2,867,052.00 to $2,877,950.00,
• Line item no. 5 Town Clerk’s Wages be amended from the sum of
$65,824.00 to $48,352.00,
• Line item no. 5 Clerk Staff Wages be amended from the sum of
$48,352.00 to $65,925.00,
• Line item no. 6 Town Hall Maintenance Wages be amended from the sum
of $90,523.00 to $89,973.00,
• Line item no. 8 Fire/Rescue Wages be amended from the sum of
$1,424,772.00 to $1,374,232.00,
• Line item no. 9 Planning Wages be amended from the sum of
$136,621.00 to $134,301.00,
• Line item no. 10 Building Inspector/HDC Wages be amended from the
sum of $293,229.00 to $288,955.00,
• Line item no. 11 Natural Resources & Conservation Wages be amended
from the sum of $190,299.00 to $187,142.00,
• Line item no. 12 Board of Health Wages be amended from the sum of
$165,089.00 to $163,412.00,
• Line item no. 13 DPW Wages be amended from the sum of $822,686.00
to $807,830.00,
• Line item no. 14 Water Staff Wages be amended from the sum of
$680,556.00 to $669,003.00,
• Line item no. 15 Golf Department Wages be amended from the sum of
$1,179,269.00 to $1,163,611.00,
• Line item no. 16 Recreation Wages be amended from the sum of
$98,743.00 to $98,716.00,
• Line item no. 16 Recreation Expenses be amended from the sum of
$17,639.00 to $16,562.00,
• Line item no. 17 Council on Aging Wages be amended from the sum of
$158,354.00 to $157,205.00,
• Line item no. 18 Ladies Library be amended from the sum of $521,586.00
to $521,402.00,
• Line item no. 20 Utilities be amended from the sum of $477,000.00 to
$471,000.00,
• Line item no. Liability Insurance be amended from the sum of
$300,000.00 to $305,000.00,
and in order to appropriate this amended total sum of $19,151,822.00 that the
town raise and appropriate the sum of $17,174,816.00, 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,
• $130,000.00 from the Pension Reserve account,
• $318,313.00 from the Community Preservation Fund Balance Reserved
for Open Space,
• $75,000.00 from the Tele-communications account,
• $224,870.00 from the Free Cash,
• $216,523.00 from the Water Revenues account,
• $340,300.00 from the Ambulance Receipts Reserved for Appropriation
account,
• $150,000.00 from the Stabilization Fund
• $10,000.00 from the Sale of Cemetery Lots account, and
• $12,000.00 from the Cable Franchise Fee account,
for this purpose.
ACTION: ADOPTED
NAUSET REGIONAL SCHOOLS OPERATING BUDGET
ARTICLE NO. 4: To see if the Town will vote to raise and appropriate and/or
transfer from available funds a sum of money to defray the Nauset Regional School’s
charges and expenses for the Fiscal Year ending June 30, 2011, as follows:
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY2009 FY 2010 FY 2011
NAUSET ASSESSMENT $8,573,942.41 $8,972,642.00 $8,924,962.00
TOTAL ASSESSMENT $8,573,942.41 $8,972,642.00 $8,924,962.00
or to take any other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
MOTION: I move that the town vote to approve article no. 4 as printed in the
warrant and to raise and appropriate the total sum of $8,924,962.00 for this
purpose.
ACTION: ADOPTED
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 2012
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 2011 revenues and/or
from previously reserved funds or to set aside for future use the amounts shown below; to
authorize the Town Administrator to enter into contracts for the award of grants to the
following agencies; to authorize the Community Preservation Committee, pursuant to the
provisions of Massachusetts General Laws, Chapter 184, Sections 31 through 33, to acquire
Historic Preservation Restrictions and Affordable Housing Restrictions in consideration of the
awarding of the following grants; all as follows:
Item: Category:
1. Historic Preservation:
a. Related Purpose Expenditures/Professional Services $10,000.00
b. Reserve Funds. To hold in reserve for the purpose of Historic Preservation the sum
of $76,253.00 from the Fund’s Fiscal Year 2011 revenues for future expenditure;
2. Community Housing:
a. Related Purpose Expenditures/Professional Services $10,000.00
b. Reserve Funds. To hold in reserve for the purpose of Community Housing the sum
of $76,253.00 from the Fund’s Fiscal Year 2011 revenues for future expenditure;
3. Open Space:
a. Related Purpose Expenditures/Professional Services $50,000.00
b. Reserve Funds. To hold in reserve for the purpose of acquiring Open Space
the sum of $62,953.00 from the Fund’s Fiscal Year 2011 revenues for future
expenditure;
4. Reserve Funds:
a. Recreation:
Related Purpose Expenditures/Professional Services $10,000.00
b. Reserve Funds. To hold, pursuant to the provisions of Section 17-4 of the Brewster
Community Preservation Committee Bylaw, in reserve for the purpose of Historic
Preservation, Community Housing and Recreation the sum of $248,759.00 from the
Fund’s Fiscal Year 2011 revenues for future expenditure;
5. Administration and Operating Expenses:
a. Administration and Operating Expenses. To appropriate the sum of
$15,000 from the Fund’s Fiscal Year 2011 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 $559,218.00
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 the
warrant and to appropriate the total sum of $559,218.00 from the Community
Preservation Fund for these purposes.
ACTION: ADOPTED UNANIMOUSLY
HUMAN SERVICES FUNDING
ARTICLE NO. 7: To see if the Town will vote to raise and appropriate and/or
transfer from available funds the sum of SIXTY-FOUR THOUSAND SEVEN HUNDRED
FORTY FOUR AND 00/100 ($64,744.00) DOLLARS for the following organizations
and in the following respective amounts:
1. Cape Cod Child Development Program, Inc. $5,020.00
2. Consumers Assistance Council, Inc. $500.00
3. Gosnold $9,000.00
4. Independence House, Inc. $4,200.00
5. Interfaith Council for the Homeless of Lower Cape Cod $6,899.00
6. South Coastal Counties Legal Services, Inc. $4,300.00
7. Lower Cape Outreach Council, Inc. $8,000.00
8. capeAbilities $6,425.00
9. Sight Loss Services, Inc. of Cape Cod & Islands $900.00
10. Elder Services of Cape Cod “Meals on Wheels” $8,000.00
11. Aids Support Group of Cape Cod $2,500.00
12. Together We Can Prevention Council, Inc. $5,000.00
13. Cape Cod Children’s Place $4,000.00
GRAND TOTAL $64,744.00
and to authorize the Board of Selectmen, the Board of Health, and the School Committee,
as appropriate, to enter into contracts with these organizations in order to provide desired
social services for residents of Brewster, or to take any other action relative thereto.
(Majority Vote Required) (Human Services Committee)
MOTION: I move that the town vote to approve article no. 7 as printed in the
warrant and to transfer the sum of $64,744.00 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 2011 and to authorize the Town Administrator to sell, trade, lease, exchange or
otherwise dispose of, in the best interests of the town, old equipment or vehicles deemed
available, the proceeds from any such disposition to be applied toward the cost of
acquiring said equipment or services as the case may be:
Transfer from
Item Department: Available
Funds:
1. Board of Selectmen:
a. Water Resources Planning Project $100,000.00
b. Town Offices Renovations & Repair Project $15,000.00
c. Cape Cod Water Resources Restoration Project $100,000.00
2. Fire Department:
a. Dispatch Services Account $30,000.00
b. Rescue Equipment Expenses $7,500.00
c. Rescue Services $5,000.00
d. Hazmat Expense $2,500.00
e. Computer Replacement/Maintenance Expense $5,000.00
f. Engine Lease Payment $108,000.00
3. Department of Public Works:
a. Road & Drainage Maintenance Projects $100,000.00
b. Walk Behind Mower Equipment $5,750.00
c. Street Sweeping and Catch-basin
Cleaning Material Disposal $25,000.00
d. DPW Facilities Air Filter System Repair $1,200.00
e. Paines Creek Parking Access $50,000.00
f. Private Road Sign Replacement Project $5,000.00
4. Police Department:
a. Patrol Vehicles Replacement (2 vehicles) $53,000.00
b. Emergency Management Account $15,000.00
5. Water Department:
a. Motor Control Replacement Project $100,000.00
b. Well No. 4 Cleaning & Redevelopment Project $60,000.00
c. Water Construction Account $180,000.00
d. Well No. 4 Pump Replacement Project $40,000.00
Grand-total $1,007,950.00
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. 8 as printed in the
warrant and to appropriate the total sum of $1,007,950.00 for these purposes,
and in order to appropriate this sum of money that the town transfer the sums
of:
• $190,950.00 from the Golf Cart Receipts Reserved for Appropriation
account,
• $248,000.00 from Free Cash,
• $158,000.00 from the Ambulance Receipts Reserved for Appropriation
account , and
• $380,000.00 from the Water Revenue account.
• $31,000.00 from Article no. 13 (Eddy School Water Heater Replacement
Project) of the 2009 Annual Town Meeting
ACTION: ADOPTED UNANIMOUSLY
LOCAL BUSINESS ORGANIZATION FUNDING
ARTICLE NO. 9: To see if the Town will vote to raise and appropriate, and/or
transfer from available funds, the sum of TWENTY-FOUR THOUSAND FIVE HUNDRED
AND 00/100 ($24,500.00) DOLLARS, to be expended under the direction of the Board
of Selectmen to help defray costs associated with the annual publication and distribution
of the Brewster Book and Beach Map Guide, as well as the monthly publication of Brewster
advertising and website, which advertises the Town’s attractions, amenities, and services;
to provide funds for the operation of the Brewster Visitor Information Center; and, under a
contract with and at the direction of the Board of Selectmen, to enable the Chamber of
Commerce and Board of Trade United to appropriately advertise Brewster in order to
increase room tax and beach pass revenue for the town, promote the Town’s golf course,
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 9 as printed in the
warrant and to transfer the sum of $24,500.00 from Free Cash for this purpose.
ACTION: ADOPTED
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 raise and appropriate and/or transfer from
available funds the sum of TWO THOUSAND AND 00/100 ($2,000.00) DOLLARS,
and to authorize the Town Administrator to solicit bids and/or proposals, enter into a
contract or contracts, accept 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 UNANIMOUSLY
BAYSIDE SKIPPERS / Funding Request
ARTICLE NO. 11: To see if the Town will vote to raise and appropriate and/or
transfer from available funds the sum of FOUR THOUSAND FIVE HUNDRED AND
00/100 ($4,500.00) DOLLARS to pay for public performances of team skipping, and to
authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or
contracts, accept gifts and expend said funds for this purpose or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 11 as printed in the
warrant and to transfer the sum of $4,500.00 from Free Cash for this purpose.
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 2011 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 $100,000.00 or the balance in the fund, or to take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 12 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
SPECIAL REVENUE FUND / Cable Franchise Fee Account
ARTICLE NO. 13: To see if the Town will vote to transfer the sum of FIFTEEN
THOUSAND AND 00/100 ($15,000.00) DOLLARS from the Cable Franchise Fee
account for the 2011 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; hiring of
full-time and part-time staff with associated employee benefit expenses and/or any other
appropriate cable-related purposes, and to authorize the Board of Selectmen to enter up
to a five year agreement with the Towns of Orleans, Eastham, Wellfleet and Truro for the
operation of a local access studio at the Nauset Regional High School, located in Eastham,
MA 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 UNANIMOUSLY
SPECIAL REVENUE FUND / Recreation Revolving Fund
ARTICLE NO. 14: To see if the Town will vote to authorize the Recreation
Department Revolving fund under section 53E ½ of Chapter 44 of the General Laws for
the 2011 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 the that fiscal year the total expenditures from the fund to the lesser of
$200,000.00 or the balance in the fund, and to retain a maximum of $10,000.00 in this
account from the current recreation revolving 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 raise and appropriate and/or
transfer from available funds the sum of FORTY THOUSAND AND 00/100
($40,000.00) DOLLARS for the purposes of performing the interim year update services
of real property and to authorize the Town Administrator to solicit bids and/or proposals,
enter into a contract or contracts and expend said funds for this purpose, or to take any
other action relative thereto.
(Majority Vote Required) (Board of Assessors)
MOTION: I move that the town vote to approve article no. 15 as printed in the
warrant and to transfer the sum of $40,000.00 from the Overlay Surplus
account for this purpose.
ACTION: ADOPTED UNANIMOUSLY
LEASE OF TOWN OWNED PROPERTY FOR ENERGY PRODUCTION
ARTICLE NO. 16: To see if the town will vote to authorize the Board of
Selectmen to solicit bids and/or proposals and to negotiate and enter into leases and
contracts, not exceeding twenty years in duration, for the installation on Town land of
photovoltaic arrays and equipment to generate electricity if the terms and conditions are
sufficiently advantageous for the Town, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 16 as printed in the
warrant.
ACTION: ADOPTED
HAZARDOUS WASTE COLLECTION PROGRAM
ARTICLE NO. 17: To see if the Town will vote to transfer from the Water
Revenue account the sum of EIGHT THOUSAND AND 00/100 ($8,000.00) DOLLARS
to finance costs associated with the hazardous waste collection day program and to
authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or
contracts and expend said funds for this purpose, or to take any other action relative
thereto.
(Majority Vote Required) (Board of Health & Water Commission)
MOTION: I move that the town vote to approve article no. 17 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
TEMPORARY BORROWING AUTHORIZATION / Grants
ARTICLE NO. 18: 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 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 therefore, in anticipation of grant
proceeds, or to take any other action relative thereto.
ACTION: ADOPTED UNANIMOUSLY
ACCEPTANCE OF GRANT PROCEEDS
ARTICLE NO. 19: 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 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. 19 as printed in the
warrant.
ACTION: ADOPTED
PREMIUM FOR CONTRIBUTORY GROUP LIFE AND HEALTH INSURANCE
ARTICLE NO. 20: To see if the town will vote to amend the vote taken under
Article No. 24 of the May 12, 1980 Annual Town Meeting relative to the acceptance of
Section 7A of Chapter 32B of the General Laws, which originally established that the Town
would pay a rate of 75% of a premium for contributory group life and health insurance
for the employees of the Town and their dependents, by providing the Board of Selectmen
with the authority to establish a rate from 50% up to 75%, 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
TRANSFER CUSTODY / Town Owned Property
ARTICLE NO. 21: To see if the Town will vote to transfer to the Conservation
Commission for conservation, watershed protection and passive recreation purposes the
care, custody, control and management of the following parcels currently held for general
municipal purposes:
Assessors’ Information: Acres: Location:
a) Map 45, parcel 45 2.73 Off Route 39
b) Map 45, parcel 46 2.00 Off Route 39
c) Map 44, parcel 29 1.14 Clay Hole Road
d) Map 44, parcel 27 2.40 Clay Hole Road
e) Map 37, parcel 21-1 2.50 Rocky Hill Road
and also, contingent upon the Town of Brewster acquiring the parcels noted below in
Article 22, to authorize the Board of Selectmen to grant to the Town of Orleans a
Conservation Restriction and/or Watershed Preservation Restriction on the following
parcels prior to their transfer to the Conservation Commission:
Assessors’ Information: Acres: Location:
a) Map 45, parcel 45 2.73 Off Route 39
b) Map 45, parcel 46 2.00 Off Route 39
c) Map 44, parcel 29 1.14 Clay Hole Road
d) Map 44, parcel 27 2.40 Clay Hole Road
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 21 as printed in the
warrant.
ACTION: ADOPTED
COMMUNITY PRESERVATION ACT / Mathews Property Land Acquisition
ARTICLE NO. 22: To see if the Town will vote to authorize the Board of
Selectmen to acquire two adjoining parcels of land designated on Brewster Assessors’ Map
45 as Parcels 41 and 58-1, located off Route 39, in Brewster, Barnstable County,
Massachusetts, consisting of 22.57 acres, more or less, and more accurately described in
deeds recorded in the Barnstable County Land Registry District on Certificate of Title No.
156342 and shown on Land Court Plan 40582A and in the Barnstable County Registry of
Deeds in Deed Book 12786 Page 342, and shown as Lot 1 on a plan of land entitled,
“Definitive Plan of ‘Wood Duck Landing’, Phase I in Brewster (South), Massachusetts,
prepared for Lawrence J. Casale, Scale: 1” = 100’, November 26, 1994, Revised January
16, 1995, prepared by Terry. W. Eldredge, Land Surveyor, K138 Main Street, Chatham,
Massachusetts,” and recorded in Plan Book 398 Page 30, a copy of which is on file with
the Brewster Town Clerk; to acquire said parcel by gift, purchase and/or eminent domain
taking under Massachusetts General Laws, Chapter 79, or any other enabling authority; to
acquire said land for open space, watershed protection, conservation and passive
recreation purposes for the general public, consistent with the provisions of Mass. Gen.
Laws, Ch. 40, §8C, 310 C.M.R. 22.00, and Article 97 of the Amendments to the
Constitution of the Commonwealth of Massachusetts; to appropriate the sum of SEVEN
HUNDRED FIFTY-FIVE THOUSAND AND 00/100 ($755,000.00) DOLLARS to pay
costs of this acquisition, and all other costs incidental and related thereto; to authorize the
Town Treasurer, with the approval of the Board of Selectmen, to borrow up to the sum of
SEVEN HUNDRED FIFTY THOUSAND AND 00/100 ($750,000.00) DOLLARS
pursuant to the provisions of Massachusetts General Laws, Chapter 44, Section 7(3) and
Section 8C, and/or any other enabling authority, and to issue bonds and/or notes of the
Town therefor; to authorize the Town Treasurer to transfer from available sums the sum
of FIVE THOUSAND AND 00/100 ($5,000.00) DOLLARS for the purpose of paying
incidental and related costs, including costs for grant funding applications and grant
compliance, and the preparation, issuance and marketing of notes and bonds issued
hereunder and for paying interest on temporary notes issued in anticipation thereof; to
authorize the Board of Selectmen and the Conservation Commission to apply for, accept
and expend any funds which may be provided by the Commonwealth or other public or
private sources to defray a portion or all of the costs of acquiring this property, including
but not limited to funding under the Self-Help Act, General Laws, Chapter 132A, Section
11 (now, so-called LAND grants), and/or the Federal Land & Water Conservation Fund,
P.L. 88-568, 78 Stat 897, provided that the amount of notes or bonds issued hereunder
shall be reduced by the amount of any such grants received or funds accepted prior to the
sale of such notes or bonds; and further provided that any such sums from non-municipal
sources shall be deposited in the open space account of the Community Preservation
Fund; and provided that the Selectmen shall have certified that the anticipated net cost to
the Town of this land purchase shall not exceed THREE HUNDRED AND SEVENTY-
FIVE AND 00/100 ($375,000.00) DOLLARS, not including expenses related thereto,
after all non-municipal funds have been received or contractually obligated; to authorize
the Board of Selectmen to grant to the Town of Orleans, for consideration of a sum, a
perpetual Conservation and/or Watershed Preservation Restriction on said premises
pursuant to the provisions of General Laws, Chapter 184, Sections 31 through 33, allowing
the aforementioned uses at the time of closing or within a reasonable amount of time
thereafter; and, to authorize the Conservation Commission to assume the care, custody,
control and management of the property; and to authorize the Board of Selectmen and
Conservation Commission to enter into all agreements and execute any and all
instruments as may be necessary on behalf of the municipality to effect this purchase and
obtain reimbursement funding; or to take any other action relative thereto.
(Two-thirds Vote Required) (Community Preservation Committee)
MOTION: I move that the Board of Selectmen is authorized to acquire two
adjoining parcels of land designated on Brewster Assessors’ Map 45 as Parcels
41 and 58-1, located off Route 39, in Brewster, Barnstable County,
Massachusetts, consisting of 22.57 acres, more or less, and more accurately
described in deeds recorded in the Barnstable County Land Registry District
on Certificate of Title No. 156342 and shown on Land Court Plan 40582A and
in the Barnstable County Registry of Deeds in Deed Book 12786 Page 342, and
shown as Lot 1 on a plan of land entitled, “Definitive Plan of ‘Wood Duck
Landing’, Phase I in Brewster (South), Massachusetts, prepared for Lawrence
J. Casale, Scale: 1” = 100’, November 26, 1994, Revised January 16, 1995,
prepared by Terry. W. Eldredge, Land Surveyor, K138 Main Street, Chatham,
Massachusetts,” and recorded in Plan Book 398 Page 30, a copy of which is on
file with the Brewster Town Clerk; that the Board of Selectmen is authorized
to acquire said parcel by gift, purchase and/or eminent domain taking under
Massachusetts General Laws, Chapter 79, or any other enabling authority;
such land shall be acquired for open space, watershed protection,
conservation and passive recreation purposes for the general public,
consistent with the provisions of Mass. Gen. Laws, Ch. 40, §8C, 310 C.M.R.
22.00, and Article 97 of the Amendments to the Constitution of The
Commonwealth of Massachusetts; that the sum of Seven Hundred Fifty-Five
Thousand Dollars ($755,000) is hereby appropriated to pay costs of this
acquisition, including all other costs incidental and related thereto; to meet
this appropriation, the Town Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow up to the sum of Seven Hundred Fifty-Five
Thousand Dollars ($755,000.00) pursuant to the provisions of Massachusetts
General Laws, Chapter 44, Section 7(3) and Section 8C, and/or any other
enabling authority, and to issue bonds and/or notes of the Town therefor;
that the Town Treasurer is authorized to transfer from the Fund Balance
Reserved for Open Space the sum of Five Thousand Dollars ($5,000.00) for
the purpose of paying incidental and related costs, including costs for grant
funding applications and grant compliance, and the preparation, issuance and
marketing of notes and bonds issued hereunder and for paying interest on
temporary notes issued in anticipation thereof; that the Board of Selectmen
and the Conservation Commission are authorized to apply for, accept and
expend any funds which may be provided by the Commonwealth or other
public or private sources to defray a portion or all of the costs of acquiring this
property, including but not limited to funding under the Self-Help Act, General
Laws Chapter 132A, Section 11 (now so-called LAND grants), and/or the
Federal Land and Water Conservation Fund, P.L. 88-568. 78 Stat 897,
provided that the amount of notes or bonds issued hereunder shall be reduced
by the amount of any such grants received or funds accepted prior to the sale
of such notes or bonds; and further provided that any such sums from non-
municipal sources shall be deposited in the open space account of the
Community Preservation Fund; and provided that the Board of Selectmen
shall have certified that the anticipated net cost to the Town of this land
purchase shall not exceed Three Hundred Seventy-Five Thousand Dollars
($375,000), not including expenses related thereto after all non-municipal
funds have been received or contractually obligated; that the Board of
Selectmen is authorized to grant to the Town of Orleans, for consideration of
a sum of not less than One Hundred Eighty Seven Thousand Five Hundred and
00/100 Dollars ($187,500.00), a perpetual Conservation Restriction on said
premises pursuant to the provisions of General Laws, Chapter 184, Sections
31 through 33, allowing the aforementioned uses at the time of closing or
within a reasonable amount of time thereafter; and that the Conservation
Commission is authorized to assume the care, custody, control and
management of the property; and, further, that the Board of Selectmen and
Conservation Commission are each authorized to enter into all agreements
and execute any and all instruments as may be necessary on behalf of the
Town to effect this purchase and obtain reimbursement funding.
ACTION: ADOPTED BY A DECLARED 2/3 VOTE
PROPERTY EASEMENT / Route 6A Culvert Project
ARTICLE NO. 23: To see if the Town will vote to authorize the Board of
Selectmen to acquire by gift or an eminent domain taking a temporary construction
easement on parcels no. 27 & 39, both of map no. 20 of the Board of Assessors’ Maps for
the replacement of a drainage culvert under Route 6A for the improvement of fish passage
and salt marsh restoration project or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 23 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
RESCIND DEBT AUTHORIZATION
ARTICLE NO. 24: To see if the Town will vote to rescind the authorization to
incur debt in the amount of TWO MILLION FIVE HUNDRED FIFTY THOUSAND AND
00/100 ($2,550,000.00) DOLLARS under article no. 9 of the October 19, 2009 Special
Town Meeting, said article allowed for the following:
1) Construct an addition to and consolidate the Brewster Elementary School into the
Stony Brook School,
2) Sell the Brewster Town Offices and land to the Cape Cod Lighthouse Charter
School,
3) Relocate the Town Offices and the Council on Aging operations to the Eddy
Elementary School, along with the Recreation Department, and
4) Relocate the Brewster Historical Society from Spruce Hill, and the Chamber of
Commerce Visitors Center in the present Town Hall, to the COA building next to the
Fire Station.
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. 24.
ACTION: ADOPTED
PRIVATE ROAD BETTERMENT PROJECT / Hazel Lane
ARTICLE NO. 25: To see if the Town will vote to authorize the Board of
Selectmen to undertake a series of temporary road repairs to the following road:
Hazel Lane
and furthermore, to authorize the Board of Selectmen to proceed with the reconstruction
of this way after it has determined that the provisions of the Brewster Town Code, Chapter
157, Article VIII, Section 157-20 have been satisfied; to raise and appropriate, transfer
from available funds, and/or to obtain by borrowing the sum of NINETY EIGHT
THOUSAND THREE HUNDRED AND 00/100 ($98,300.00) DOLLARS to pay for the
costs of engineering, construction, reconstruction, and related expenses in connection
therewith; to authorize the Town Treasurer, with the approval of the Board of Selectmen,
to borrow a sum of money, under and pursuant to Massachusetts General Laws Chapter
44, Section 7 or any other enabling authority, and to issue notes and bonds of the Town
therefor; and, initially, to raise and appropriate and/or transfer from available funds the
sum of FIVE THOUSAND AND 00/100 ($5,000.00) DOLLARS, to be recovered with
all road repair costs through the betterment assessments against the abutters, to pay the
first year’s principal and interest expenses for this project, or to take any other action
relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
MOTION: I move that the Board of Selectmen is hereby authorized to
undertake a series of temporary road repairs to the following road:
Hazel Lane
and furthermore, to authorize 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; that the sum of $103,300.00 is hereby appropriated to pay all
costs of engineering, construction, reconstruction, and related expenses in
connection with this reconstruction and that to meet this appropriation, the
Treasurer, with the approval of the Board of Selectmen, is authorized to
borrow the sum of $98,300.00 under and pursuant to Chapter 44, Section 7(5)
of the General Laws, or pursuant to any other enabling authority, and to issue
bonds or notes of the Town therefore; and, initially, to transfer from the Fund
Balance Reserved Road Betterments the sum of $5,000.00, 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.
ACTION: ADOPTED BY A DECLARED 2/3 VOTE
REPAIR AND RESURFACE TOWN ROADS / Chapter 90 Funds
ARTICLE NO. 26: 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. 26 as printed in the
warrant and to transfer the sum of $259,234.00 from available funds for this
purpose.
ACTION: ADOPTED UNANIMOUSLY
SEMASS RESOURCE RECOVERY FACILITY CONTRACT
ARTICLE NO. 27: To see if the Town will vote to authorize the Board of
Selectmen to enter into an extension for up to a twenty year period for the disposal of
solid waste at the SEMASS/Covanta resource recovery facility, located in Rochester, MA or
to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 27 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
ZONING BYLAW AMENDMENT / Common Lot Lines
ARTICLE NO. 28: To see if the Town will vote to amend the Town of Brewster
Zoning By-laws Section 179-13 (Regulations effective in all districts) by adding a
paragraph D, as follows:
D. When two lots are in common ownership, any new, altered or extended structure
proposed after the effective date of this by-law, that encroaches on a setback on either lot
shall seek a variance from the Board of Appeals. In a case where any new, altered or
extended structure proposed after the effective date of this by-law is proposed to be
constructed over a lot line common to both lots, the two lots shall be combined by plan or
deed, and such plan or deed shall be recorded at the Barnstable County Registry of Deeds.
Copies of the recorded information shall be submitted with any building permit application.
or take any other action relative thereto
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 28 as printed in the
warrant.
AMENDMENT TO MOTION: I move that the Town vote to amend Article 28 with
the following amendment: In the first sentence, delete the words “altered or
extended” so that it reads “When two lots are in common ownership, any new
structure proposed after the effective date of this by-law, that encroaches on a
setback on either lot shall seek a variance from the Board of Appeals.”
ACTION: ADOPTED BY A DECLARED 2/3 VOTE
ZONING BYLAW AMENDMENT / LWET SPECIAL PERMIT TERM
ARTICLE NO. 29: To see if the Town of Brewster will vote to amend the Code of
the Town of Brewster Chapter 179 Zoning by amending Article IX (Special Regulations) as
follows:
In Section 179-40.2 (Wind Energy Turbines) amend paragraph (K) as follows (Bold text is
new, Strikethrough text is deleted):
K. Terms of special permits.
(1) A special permit shall lapse 24 months following the issuance thereof if
construction of or substantial use of the WET has not commenced (excluding
any appeal periods).
(2) A special permit issued for any MWET or LWET shall be valid for 15 years,
unless previously abandoned or discontinued. A special permit issued for
any LWET shall be valid for 25 years, unless previously abandoned or
discontinued.
(3) At the end of the initial time period, the MWET or LWET shall be removed or a
new special permit shall be required. Any special permit extension beyond the
original fifteen-year term for a MWET or the original twenty-five year term
for a LWET shall terminate within 10 years or upon the manufacturer’s
estimated useful life for the model and type of said WET or WET component
equipment. A special permit may be extended for up to a maximum of 10
years, provided the applicant provides an inspection and certification by a
licensed structural engineer.
(4) Any permit issued by the SPGA for an MWET or LWET shall only be valid for the
applicant or the applicant’s financier pursuant to a “step-in” or default
provision only; it may not be otherwise reassigned, leased or sold.
So that it reads:
K. Terms of special permits.
(1) A special permit shall lapse 24 months following the issuance thereof if
construction of or substantial use of the WET has not commenced (excluding
any appeal periods).
(2) A special permit issued for any MWET shall be valid for 15 years, unless
previously abandoned or discontinued. A special permit issued for any LWET
shall be valid for 25 years, unless previously abandoned or discontinued.
(3) At the end of the initial time period, the MWET or LWET shall be removed or a
new special permit shall be required. Any special permit extension beyond the
original fifteen-year term for a MWET or the original twenty-five year term for a
LWET shall terminate within 10 years or upon the manufacturer’s estimated
useful life for the model and type of said WET or WET component equipment. A
special permit may be extended for up to a maximum of 10 years, provided the
applicant provides an inspection and certification by a licensed structural
engineer.
(5) Any permit issued by the SPGA for an MWET or LWET shall only be valid for the
applicant or the applicant’s financier pursuant to a “step-in” or default provision;
it may not be otherwise reassigned, leased or sold.
or take any other action thereto.
(Two-Thirds Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 29 as printed in the
warrant with the following two amendments:
1. The number “(5)” in the last paragraph be amended to “(4)”, and
2. The word “reassigned” in the last paragraph be amended to “assigned”,
So that the last paragraph shall read, as follows:
(4) Any permit issued by the SPGA for an MWET or LWET shall only be valid
for the applicant or applicant’s financier pursuant to a “step-in” or default
provision; it may not be otherwise assigned, leased or sold.
ACTION: ADOPTED UNANIMOUSLY
PROPERTY EASEMENT / Cape Sand & Recycling
ARTICLE NO. 30: To see if the Town of Brewster will authorize the Board of
Selectmen to negotiate an easement agreement, for a minimum term of twenty-five years,
and, if possible, acquire and accept the easement by gift from the owner of Parcel 35-102
on Brewster Assessor’s Map 45 and the owner of Parcel 34-1 on Brewster Assessor’s Map
45 relative to the development, construction, maintenance and operation of wind energy
turbines on the Town of Brewster’s adjacent property, or take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 30 as printed in the
warrant.
ACTION: ADOPTED UNANIMOUSLY
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 2010 Annual Town
Meeting.
ACTION: ADOPTED UNANIMOUSLY
The 2010 Annual Town Meeting was dissolved at 10:40pm.
A True Copy Attest:
Mildred A. Unger
Town Clerk