HomeMy Public PortalAbout2010-05-03-Annual/Special Town Mtg Warrant
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SPECIAL TOWN MEETING
MAY 3, 2010
Barnstable, ss
To: Roland W. Bassett
Constable of the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby
directed to notify and warn the inhabitants of the Town of Brewster, qualified to
vote in town affairs, to meet at the Stony Brook Elementary School Cafetorium,
on Monday the third day of May, 2010 next, at 7:05 p.m. o’clock in the
evening, then and there to act upon the following articles.
UNPAID BILLS
ARTICLE NO. 1: To see if the Town will vote to transfer from available
funds a sum of money to pay bills incurred but unpaid during a previous fiscal
year, as follows:
1. BWPO, Department of Radiology $39.00
2. Associated Alarm $45.00
Total $84.00
or to take any other action relative thereto.
(Nine-Tenths Vote Required) (Board of Selectmen)
BUDGETARY TRANSFERS
ARTICLE NO. 2: To see if the Town will vote in the following manner
to appropriate from available funds and/or to transfer from surplus funds in
some departments the amounts needed to prevent deficits in other departments
this fiscal year:
a. Transfer the sum of $10,000.00 from line item no. 4 (Assessors
Wages) to line item no. 2 (Selectmen Expenses) of article no. 3 of the
2009 Annual Town Meeting,
b. Transfer the sum of $2,000.00 from line item no. 4 (Assessors
Wages) to line item no. 2 (Town Administrator/Seasonal Wages) of
article no. 3 of the 2009 Annual Town Meeting,
c. Transfer the sum of $3,000.00 from line item no. 4 (Assessors
Wages) and $7,000.00 from line item no. 4 (Treasurer/Collector
Wages) and $15,150.00 from the Cable Franchise Fee account to line
item no. 2 (Legal Expenses) of article no. 3 of the 2009 Annual Town
Meeting,
d. Transfer the sum of $1,806.00 from line item no. 4
(Treasurer/Collector Wages) to line item no. 4 (Debt Service) of article
no. 3 of the 2009 Annual Town Meeting,
e. Transfer the sum of $10,000.00 from line item no. 4
(Treasurer/Collector Wages) and $45,000.00 from line item no. 10
(Building Inspector/HDC Wages) of the 2009 Annual Town Meeting to
line item no. 4 (Fringe Benefits Expense) of article no. 3 of the 2009
Annual Town Meeting,
f. Transfer the sum of $15,000.00 from Ambulance Receipts Reserved
for Appropriation account to line item no. 8 (Fire/Rescue Wages) of
article no. 3 of the 2009 Annual Town Meeting,
g. Transfer the sum of $10,000.00 from Ambulance Receipts Reserved
for Appropriation account to line item no. 8 (Fire Expenses) of article
no. 3 of the 2009 Annual Town Meeting,
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h. Transfer the sum of $24,000.00 from line item no. 13 (Solid Waste
Disposal) to line item no. 13 (DPW Road Machinery Expense) of article
no. 3 of the 2009 Annual Town Meeting,
i. Transfer the sum of $40,000.00 from line item no. 13 (Solid Waste
Disposal) to line item no. 13 (DPW Expenses) of article no. 3 of the
2009 Annual Town Meeting,
j. Transfer the sum of $15,000.00 from Water Revenues to line item
no. 14 (Water Staff Wages) of article no. 3 of the 2009 Annual Town
Meeting,
k. Transfer the sum of $4,000.00 from line item no. 4 (Assessors
Wages) and $2,000.00 from line item no. 5 (Town Clerk Staff Wages)
to line item no. 21 (Veteran’s Benefits Expenses) of article no. 3 of the
2009 Annual Town Meeting,
l. Transfer the sum of $23,000.00 from line item no. 17 (Council on
Aging Wages), $9,000.00 from line item 13 (Solid Waste Disposal),
$6,250.00 from line item no. 4 (Treasurer/Collector Wages) and
$5,000.00 from line item no. 20 (General Liability Insurance) to
Article no. 2 (Elementary School Operating Budget) of the 2009 Annual
Town Meeting,
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
PRIVATE ROAD ENGINEERING SERVICES / Hazel Lane Project
ARTICLE NO. 3: To see if the Town will vote to transfer from available
funds the sum of FIVE THOUSAND AND 00/100 ($5,000.00) DOLLARS to
finance costs associated with engineering services for a private road betterment
for Hazel Lane 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, said expense to be recovered through the betterment assessments
against the abutters, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
COMMUNITY PRESERVATION ACT FUNDING / Administration
ARTICLE NO. 4: To see if the Town will vote to act upon the
recommendations of the Community Preservation Committee; to appropriate from
FY2010 revenues and/or from previously reserved funds or to set aside for future
use the amounts shown below; to authorize the Town Administrator to enter into
contracts for 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, all as follows:
Item: Category:
1. Administration and Operating Expenses:
a. Administration and Operating Expenses. To appropriate the sum of
$10,000.00 Dollars from the Fund’s Fiscal Year 2010 revenues for
expenditure by the Community Preservation Committee and the Town
Administrator for the general administration and operating expenses related
to carrying out the operations of the Community Preservation Committee;
or to take any other action relative thereto.
(Majority Vote Required) (Community Preservation Committee)
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FIRE DEPARTMENT EQUIPMENT ACQUISITION
ARTICLE NO. 5: To see if the Town will vote to transfer from available
funds the sum of FORTY-FIVE THOUSAND AND 00/100 ($45,000.00)
DOLLARS in order to pay for the acquisition of a vehicle for the Fire Chief, and
to authorize the Town Administrator to solicit bids, enter into contracts, and
expend these funds for this purpose, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
ELEMENTARY SCHOOLS FY2009 OPERATIONAL DEFICIT
ARTICLE NO. 6: To see if the Town will vote to transfer from Free
Cash the sum of EIGHTY THREE THOUSAND ONE HUNDRED SIXTY-FIVE
AND 00/100 ($83,165.00) DOLLARS to be used to offset an operational
deficit from Fiscal Year 2009 for the Brewster Elementary Schools, or to take any
other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
ZONING BYLAW AMENDMENT / Sign Regulations
ARTICLE NO. 7: To see if the Town will vote to amend the Town of
Brewster Zoning By-laws Article VI (Signs) by adding a new Section 179-20.3
entitled “A-frame signs for any business”, as follows:
179-20.3 A-Frame signs for any business
A. One A-frame sign is permitted, not to exceed eight square feet in area on
a side.
B. A-frame signs to be located within an historic district must receive
approval from the appropriate local or regional historic district
commission.
C. A-frame signs must be located on the property of the business being
advertised. A-Frame signs may not be located within the road right of
way.
D. Permits for A-frame signs run from June 1 to May 31 and must be
renewed annually.
or take any other action relative thereto
(Two-Thirds Vote Required) (Board of Selectmen)
OTHER BUSINESS
ARTICLE NO. 8: To act upon any other business that may legally come
before this meeting.
(Board of Selectmen)
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Given under our hand and Seal of the Town of Brewster affixed this
_th day of April, 2010.
Dyanne F. Cooney, Chairman James W. Foley, Vice-Chairman
Gregory A. Levasseur, Clerk Edward S. Lewis
Peter G. Norton
I, Roland W. Bassett, duly qualified Constable for the Town of Brewster, hereby
certify that I served the Warrant for the Special Town Meeting of May 3, 2010
by posting attested copies thereof, in the following locations in the Town on the
__th day of April, 2010.
Brewster Town Offices Brewster Farms
Brewster Ladies Library Brewster Pizza House
The Brewster Store Millstone Liquors
U. S. Post Office
__________________________
Roland W. Bassett, Constable
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ANNUAL TOWN MEETING
MAY 3, 2010
Barnstable, ss
To: Roland W. Bassett
Constable for the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby
directed to notify and warn the inhabitants of the Town of Brewster, qualified to
vote in Town affairs, to meet at the Stony Brook Elementary School Cafetorium,
on Monday, the third day of May, 2010 next, at 7:00 p.m. o’clock in the
evening, then and there to act upon the following 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)
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)
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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
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SELECTMEN
EXPENDED APPROPRIATED REQUESTED
Item DEPARTMENT FY2009 FY 2010 FY 2011
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)
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)
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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)
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
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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)
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)
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
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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)
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)
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
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and grant proceeds and expend said funds for this purpose, or to take any other
action relative thereto.
(Majority Vote Required) (Board of Selectmen)
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)
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)
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)
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.
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(Majority Vote Required) (Recreation Commission)
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)
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)
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)
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)
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)
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
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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)
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)
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
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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)
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)
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,
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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)
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)
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)
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)
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:
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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)
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).
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(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)
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)
ANY OTHER BUSINESS
ARTICLE NO. 31: To act on any other business that may legally come
before this meeting.
(Board of Selectmen)
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And you are hereby directed to serve this Warrant with your doings thereon to
the Town Clerk at the time and place of said meeting as aforesaid.
Given under our hand and Seal of the Town of Brewster affixed this __th day of
April, 2010.
Dyanne F. Cooney, Chairman James W. Foley, Vice-Chairman
Gregory A. Levasseur, Clerk Edward S. Lewis
Peter G. Norton
I, Roland W. Bassett, duly qualified Constable for the Town of
Brewster, hereby certify that I served the Warrant for the Annual Town Meeting
of May 3, 2010 by posting attested copies thereof, in the following locations in
the Town on the ____ day of 2010.
Brewster Town Offices Brewster Farms
Brewster Ladies Library Brewster Pizza House
The Brewster Store Millstone Liquors
U. S. Post Office.
__________________________
Roland W. Bassett, Constable