HomeMy Public PortalAbout2009-05-04-Annual/Special Town Mtg Warrant
1
1
Town of Brewster
ANNUAL & SPECIAL
TOWN MEETING
WARRANTS
for use at
TOWN MEETING
on
MAY 4, 2009
at
7:00 PM
Please bring this copy of the warrant to Town Meeting
Large print copies of the warrant are available at the
Brewster Town Offices
2
2
EMERGENCY PREPAREDNESS VOLUNTEER OPPORTUNITIES
The Town of Brewster is forming a Medical Reserve Corps (MRC).
We are looking for medical and non-medical residents who are interested
in volunteering to help protect the health of our community. The Medical
Reserve Corps units are community-based and function as a way to
locally organize and utilize volunteers who want to donate their time and
expertise to prepare for and respond to emergencies and promote
healthy living throughout the year. MRC volunteers supplement existing
emergency and public health resources.
The MRC was founded after President Bush’s 2002 State of the
Union Address, in which he asked all Americans to volunteer in support of
their country. The MRC is a specialized component of Citizen Corps, a
national network of volunteers dedicated to ensuring hometown security.
Citizen Corps, along with AmeriCorps, Senior Corps, and the Peace Corps
are part of the President’s USA Freedom Corps, which promotes
volunteerism and service nationwide.
If you are interested, please call Lynda Costa, Medical Reserve
Corps Volunteer Coordinator at (508) 375-6641 or email
lcosta@barnstablecounty.org. We will schedule an informational meeting
in the near future that will inform you about the Medical Reserve Corps
with volunteer applications.
3
3
TOWN OF BREWSTER
TOWN MEETING WARRANTS
MAY 4, 2009
Page
A) INDEX 3-4
B) REPORT OF THE FINANCE COMMITTEE 5-8
C) TAX RATE INFORMATION 9
D) WARRANT ARTICLES: 10
1) 2009 SPECIAL TOWN MEETING
Article
No. Article Name Sponsor_______
1 Unpaid Bills Board of Selectmen 10
2 Budgetary Transfers Board of Selectmen 10
3 Private Road Betterment /
Standish Heights Board of Selectmen 12
4 Town Offices HVAC Replacement Project Board of Selectmen 13
5 School Architectural Services Board of Selectmen 13
6 DPW / Weight Scale Replacement Project Board of Selectmen 14
7 Other Business Board of Selectmen 14
2) 2009 ANNUAL TOWN MEETING
Article
No. Article Name Sponsor_______
1 Cape Cod Technical School Operating Budget School Committee 16
2 Elementary Schools Operating Budget School Committee 17
3 Town Operating Budget Board of Selectmen 17
4 Nauset Regional Schools Operating Budget School Committee 20
5 Nauset Assessment Formula School Committee 21
6 Community Preservation Act Funding Community Preservation
Committee 21
7 Human Services Funding Human Services
Committee 25
8 Local Business Organization Funding Board of Selectmen 27
9 Brewster Town Band Funding Request Board of Selectmen 28
10 Bayside Skippers Funding Request Board of Selectmen 28
11 Crosby Mansion Revolving Fund Board of Selectmen 29
12 Property Valuation Services Board of Assessors 29
13 Capital Expenditures Funding Board of Selectmen 30
14 Town Code Amendment / Town Clerk’s Position Board of Selectmen 35
15 Provincetown Center for Coastal Studies Board of Selectmen 35
4
4
2) 2009 ANNUAL TOWN MEETING (continued)
Article
No. Article Name ________________Sponsor ___
16 Police Union Collective Bargaining Agreement Board of Selectmen 36
17 SEIU Collective Bargaining Agreement Board of Selectmen 37
18 OPEIU Collective Bargaining Agreement Board of Selectmen 37
19 IAFF Collective Bargaining Agreement Board of Selectmen 38
20 Non-Union Personnel Wage Funding Board of Selectmen 38
21 Public Consumption of Marihuana or
Tetrahydrocannabinol Police Chief 38
22 Release of Road Easement
Great Fields Road Board of Selectmen 40
23 Brewster Family Housing
Property Restriction Amendment Board of Selectmen 43
24 Cell Tower Lease Extension Board of Selectmen 43
25 Removal of Subdivision Restriction Board of Selectmen 45
26 Town Code Amendment
Emergency Access Bylaw Board of Selectmen 45
27 Demand Charges for Delinquent Taxes Board of Selectmen 47
28 Zoning Bylaw Amendment / All Terrain Vehicles Citizen Petition 47
29 Zoning Bylaw Amendment / Home Occupation Planning Board 47
30 Zoning Bylaw Amendment /Sand & Gravel Planning Board 50
31 Transfer Custody of Town-owned Property Board of Selectmen 50
32 Land Acquisition Project Community Preservation
Committee 55
33 Private Road Betterment Project
Standish Heights Subdivision Board of Selectmen 58
34 Hazardous Waste Collection Program Board of Health &
Water Commission 58
35 Lease of Town-owned Properties Board of Selectmen 59
36 Special Legislation Amendment Water Commission &
Board of Selectmen 59
37 Repair & Resurface Town Roads / Chapter 90 Board of Selectmen 61
38 Other Business Board of Selectmen 61
E) TOWN MODERATOR’S RULES REGARDING TOWN MEETING 63
F) GLOSSARY OF FINANCIAL TERMS 66
Special Note: At the end of each warrant article summary we have
included the recommendations of both the Board of Selectmen, which is
abbreviated as “BOS”; and the Finance Committee, which is abbreviated as “FCR”.
5
5
REPORT OF THE FINANCE COMMITTEE
I. Introduction
The Finance Committee consists of nine members appointed by the Town
Moderator for overlapping three year terms and is responsible for making
informed recommendations to the voters at Town Meeting, and reviewing
transfer requests from the annual Reserve Fund of $85,000.00. The Finance
Committee meets at least once a month and often weekly during the budget and
warrant article review process to analyze each department's budget and all
warrant articles in order to make recommendations at Town Meeting.
II. Town Operating Budget
The Finance Committee has reviewed and generally supports the
adjusted town's operating budget in the total amount of $15,870,935, which
represents a 1.88% increase over the prior year's budget. However, this budget
does include fringe benefit expenses for the Elementary Schools in the
approximate amount of $1,259,883. Recalculated without the school's and
water department’s fringe benefits, the town's increase over the prior year
would be 0.78%. Otherwise this budget contains the same level of service and
programming over the current fiscal year.
The town's budget has been impacted by increases in costs associated
with employee wage adjustments, health insurance and pension program
increases. All four of the town's bargaining agreements are set to expire on June
30, 2009. The Board of Selectmen is currently engaged in collective bargaining
negotiations with these four bargaining units. The town’s debt service budget
for Fiscal Year 2010 stands at $3,105,349 which represents a decrease of
$81,018 or 2.54% from Fiscal Year 2009.
III. Schools Operating Budgets
The town provides funding for three distinct school operations.
The first entity is the Cape Cod Regional Technical High School in which
Brewster's share of the high school's assessment has increased slightly this year
by $2,232 or 0.33% to $683,190. This modest budgetary increase is despite a
reduction in Brewster's enrollment share from 55 to 48 students. The overall
operational budget for the entire school has increased by $386,690 to
$12,290,383 or 3.25% percent over Fiscal Year 2009 funding levels, which
causes the final assessment to be this bit higher. The district-wide student
enrollment has decreased by 21 students from 724 to 703. The School
department has undertaken a series of staff reductions within this budget.
Employee benefits, supplies and utility expenses continue to be areas of
concern. We also support the assumption of a 20% loss in state aid in their
6
6
budget, but also appreciate the promise from the management that any
additional state aid that may be forthcoming will be immediately returned to the
towns to lower the assessments. The Finance Committee has reviewed and
unanimously supports this budget.
The Brewster Elementary Schools’ budget has increased by 1.76% from
$5,650,113 in Fiscal Year 2009 to $5,749,541 in Fiscal Year 2010. However, if
the elementary schools' share of the fringe benefits budget, which is a part of
the town's operating budget, is included, the Fiscal Year 2010 budget increases
by $169,482 or 2.48%. The total cost of operating the elementary schools is
$7,009,424 for a projected enrollment of 475 K-5 students or an average per
student cost of $14,757 and represents about 19.2% of Brewster's total
expenditures far Fiscal Year 2010.
The Finance’s Committees major concern about the elementary schools is
the lack of a cohesive plan to control escalating costs as future enrollments
decline.
Federal Stimulus money is presently being utilized to avoid staff
reductions. These funds will only be available for two years and measures are
not yet in place to replace them.
Another area of concern that needs to be understood by all voters in
Brewster is the skyrocketing increase in special education costs, which result
from forces beyond local control and are a dominant factor in all school budget
increases.
The Finance Committee has reviewed this budget and supports the level
of funding.
The Nauset Regional School District's assessment (excluding debt and
capital improvements) for Brewster has increased by 3.89% from $8,311,894 in
Fiscal Year 2009 to $8,635,143 in Fiscal Year 2010. Brewster's proportionate
share of the enrollment and, its assessments increased slightly from 48.92% in
Fiscal Year 2009 to 49.58% in Fisca1 Year 2010, representing an additional
expense of approximately $110,000 for Fiscal Year 2010, and 1.39% of the
3.89% increase aforementioned. As in the elementary schools, the majority of
the increase is due to rising special education costs.
Nauset has included a line item in the amount of $227,297 which is an
assessment for the capital equipment and facilities maintenance budget for the
Nauset Schools. This program was approved by means of a Proposition 2 ½
over-ride ballot question in May, 2005.
The Finance Committee is very concerned over the projected decrease in
high school enrollment, possibly as much as 25% in the years ahead, and
7
7
believes a detailed plan is needed to control the impact on costs. Student
enrollment for Fiscal Year 2010 is estimated to be 1,444, which has declined by
42 students over the prior year. This Nauset operating expense increase of
$411,891 means a 4.7% increase in the average student cost to $16,678. We
understand that the major impact, as mentioned above, is special education; but
if enrollment continues to decline, measures must be taken to control costs
elsewhere.
As in the comments above on the elementary schools, we also have the
same concerns over the lack of future planning to replace the Federal Stimulus
money (some $212,000 in the coming year and following year as well) when
this disappears two years from now.
Brewster's total share of the Nauset Regional budget is $8,869,903
(operating, debt and capital assessment) and represents about 24.05% of the
town's entire expenditures for fiscal Year 2010. The Finance Committee has
reviewed this budget and does not support this level of expenditure.
III. Warrant Articles
The Finance Committee has reviewed and provided
recommendations on all warrant articles. We have tried to balance the needs of
the town with the impact that these articles will have on the tax rate. We have
supported some articles, recommended others at lower amounts, suggested that
some be deferred until next year and we have not supported others. The full
details of these recommendations will be provided at town meeting.
IV. Financial Overview
When this report was sent to the printer, the town was looking at
a projected increase in the tax rate from $5.94 per thousand in Fiscal Year 2009
to $5.95 per thousand in Fiscal Year 2010, or a 0.05 % increase. At the time of
the printing of this warrant there does not appear to be a need to consider an
override of Proposition 2 ½ for either the town or schools’ operational budgets.
State aid appropriations, as outlined in Governor Deval Patrick's state budget,
suggest a decrease in gross aid of about $83,334 over fiscal Year 2009.
V. Conclusion
The Finance Committee would like to extend its appreciation to the
Town Administrator, Charles Sumner, and the Finance Director, Lisa Souve, the
Department Heads and their staff at the Town Offices for their dedication and
assistance in reviewing the Town budgets and articles. We also thank Colette
Williams for her efforts in preparing minutes of all of our meetings, and Doreen
8
8
Contrastano for her help with the agenda and scheduling. Finally, we offer a
special thank you to the voters that attend town meeting each year. It is our
pleasure to serve you and The Town of Brewster.
Respectfully submitted,
Donald Schober, Chairman
Michael Fitzgerald, Vice Chairman
Howard Bender
Lisa Gerrish
Ed Ritchie
Rebecca Smith
Deanna Sokolowski, Clerk
Daniel Guertin
Edward Mahan
9
9
TOWN OF BREWSTER
FISCAL YEAR 2009
TAX MUNICIPAL ANNUAL TAX IMPACT
RATE REVENUES ON $400,000.00
INCREASE RAISED PROPERTY
PROPERTY TAX VALUATION = $3,793,668,230
$0.001 = $3,794 $0.40
$0.0025 = $9,484 $1.00
$0.0050 = $18,968 $2.00
$0.01 = $37,937 $4.00
$0.015 = $56,905 $6.00
$0.025 = $94,842 $10.00
$0.05 = $189,683 $20.00
$0.10 = $379,367 $40.00
$0.15 = $569,050 $60.00
$0.20 = $758,734 $80.00
$0.25 = $948,417 $100.00
$0.30 = $1,138,100 $120.00
$0.35 = $1,327,784 $140.00
$0.40 = $1,517,467 $160.00
$0.45 = $1,707,151 $180.00
$0.50 = $1,896,834 $200.00
$0.55 = $2,086,518 $220.00
$0.60 = $2,276,201 $240.00
$0.65 = $2,465,884 $260.00
$0.70 = $2,655,568 $280.00
$0.75 = $2,845,251 $300.00
$0.80 = $3,034,935 $320.00
$0.85 = $3,224,618 $340.00
$0.90 = $3,414,301 $360.00
$0.95 = $3,603,985 $380.00
$1.00 = $3,793,668 $400.00
10
10
SPECIAL TOWN MEETING
MAY 4, 2009
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 fourth day of May, 2009 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. Andrew Shrake $1,528.00
2. Elections Systems & Software, Inc. $269.00
Total $1,797.00
or to take any other action relative thereto.
(Nine-Tenths Vote Required) (Board of Selectmen)
SUMMARY
This article will authorize the payment of two outstanding bills from a
previous fiscal year. These invoices were received after the close of the Fiscal
Year 2008’s accounting cycle. According to Massachusetts General Laws a town
cannot pay a bill from a previous fiscal year with the current year’s
appropriation. Therefore, town meeting authorization is required.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
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:
11
11
a) Transfer the sum of $2,600.00 from line item no. 9 (Planning Wages) to
line item no. 11 (Natural Resources & Conservation Expenses / Long
Pond Safety Equipment) of article no. 3 of the 2009 Annual Town
Meeting,
b) Transfer the sum of $3,000.00 from line item no. 9 (Planning Wages) to
line item no. 11 (Natural Resources & Conservation Expenses /
Regulatory Sign Replacement) of article no. 3 of the 2009 Annual Town
Meeting,
c) Transfer the sum of $1,000.00 from line item no. 9 (Planning Wages) to
line item no. 11 (Natural Resources & Conservation Expenses / Sampling
& Testing) of article no. 3 of the 2009 Annual Town Meeting,
d) Transfer the sum of $67,500.00 from Free Cash to line item no. 1
(Elementary School Budget) of article no. 2 of the 2009 Annual Town
Meeting,
e) Transfer the sum of $5,000.00 from line item no. 9 (Planning Wages) to
line item no. 7 (Police Department Salaries) of article no. 3 of the 2009
Annual Town Meeting,
f) Transfer the sums of $8,400.00 from line item no. 9 (Planning Wages),
$25,000.00 from line item no. 13 (Solid Waste Disposal), $10,000.00
from line item no. 2 (Legal Expense), $3,000.00 from line item no. 20
(Liability Insurance), $1,200.00 from line item no. 17 (COA Wages), and
$12,400.00 from Free Cash to line item no. 20 (Utilities Expense) of
article no. 3 of the 2009 Annual Town Meeting,
g) Transfer the sum of $5,000.00 from line item no. 9 (Planning Wages) to
line item no. 21 (Veterans Services / Benefits) of article no. 3 of the 2009
Annual Town Meeting,
h) 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,
i) Transfer the sum of $5,000.00 from Ambulance Receipts Reserved for
Appropriation account to line item no. 8 (Fire Expenses / Building
Expenses) of article no. 3 of the 2009 Annual Town Meeting,
j) Transfer the sum of $15,000.00 from Ambulance Receipts Reserved for
Appropriation account to line item no. 8 (Fire Rescue Expenses /
Equipment) of article no. 3 of the 2009 Annual Town Meeting,
k) Transfer the sum of $12,000.00 from Water Revenue to line item no. 14
(Water Expenses / Operating) of article no. 3 of the 2009 Annual Town
Meeting,
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
12
12
SUMMARY
This article would authorize the transfer of surplus funds from certain
departmental budgets and/or accounts for Fiscal Year 2009 to other accounts,
which have experienced problems and are running shortfalls. A number of
these items were simply estimates when we posted the warrant in April of 2009.
Therefore we may adjust these funding requests as we approach the actual date
of town meeting.
RECOMMENDATIONS
Board of Selectmen Finance Committee
Item A: 5-YES; 0-NO; 0-ABS. 7-YES; 0-NO; 0-ABS.
Item B: 5-YES; 0-NO; 0-ABS. 7-YES; 0-NO; 0-ABS.
Item C: 5-YES; 0-NO; 0-ABS. 7-YES; 0-NO; 0-ABS.
Item D: 5-YES; 0-NO; 0-ABS. 7-YES; 0-NO; 0-ABS.
Item E: 5-YES; 0-NO; 0-ABS. 7-YES; 0-NO; 0-ABS.
Item F: 5-YES; 0-NO; 0-ABS. 7-YES; 0-NO; 0-ABS.
Item G: 5-YES; 0-NO; 0-ABS. 7-YES; 0-NO; 0-ABS.
Item H: 5-YES; 0-NO; 0-ABS. 6-YES; 0-NO; 0-ABS.
Item I: 5-YES; 0-NO; 0-ABS. 6-YES; 0-NO; 0-ABS.
Item J: 5-YES; 0-NO; 0-ABS. 6-YES; 0-NO; 0-ABS.
Item K: 5-YES; 0-NO; 0-ABS. 7-YES; 0-NO; 0-ABS.
PRIVATE ROAD ENGINEERING SERVICES /
STANDISH HEIGHTS ROAD BETTERMENT PROJECT
ARTICLE NO. 3: To see if the Town will vote to transfer from
available funds from the sum of SEVEN THOUSAND FIVE HUNDRED AND
00/100 ($7,500.00) DOLLARS to finance costs associated with engineering
services for a private road betterment for Sturbridge Way, Essex Way, Stafford
Terrace and Old Salem Road 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)
SUMMARY
The town adopted a bylaw at the 1996 Annual Town Meeting, which allows
for citizens to petition town meeting to obtain financial assistance to undertake
repairs to private ways. The town, along with the private road organization, will
contract out for the repair work. The abutting property owners are then
required to reimburse the town for the full project costs, plus interest and
administrative expenses, by means of a betterment assessment over a period of
time. This article will provide funding for engineering services and, along with
article no. 33 in the 2009 Annual Town Meeting Warrant, will allow for the
reconstruction of these roads.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
13
13
TOWN OFFICES / HVAC Replacement Project
ARTICLE NO. 4: To see if the Town will vote to transfer from
available funds an additional sum of money to pay costs associated with the
engineering, design, construction, renovation, appurtenances and all other
costs incidental and related thereto for the replacement and improvement of
the heating and ventilation systems at the Town Offices building, 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)
SUMMARY
The current heating system for the Town Offices building is an oil-fired
steam boiler that is approximately 50 years old and has certainly far exceeded
its useful service life. The town has undertaken a feasibility study in order to
evaluate a series of alternatives to address the heating and ventilation needs for
the Town Offices building. The town is in the process of finalizing bid
documents and specifications, which will include a series of construction
alternates. Funding was provided in May of 2008 for this project. We are
working with an engineering design firm to issue bid documents, which are
scheduled to be returned prior to May 4, 2009. This contingency article will
serve to address a funding shortfall should bids exceed the preliminary design
estimate.
BOS & FCR: Recommendations will be provided at Town Meeting.
SCHOOL FACILITIES / Architectural Services
ARTICLE NO. 5: To see if the Town will vote to transfer from
available funds a sum of money for the purpose of undertaking design and
engineering services for both the Eddy and Stony Brook Elementary School
buildings, including costs incidental and related to the project, and to authorize
the Town Administrator to solicit bids, enter into contracts and expend said
funds for this purpose, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
The Board of Selectmen has been working cooperatively with a variety of
town departments, boards and committees to essentially reallocate and
consolidate a multitude of town facility needs. The critical components of this
plan will be to:
14
14
1) Consolidate the elementary school population into the Stony
Brook Elementary School,
2) Sell the current Brewster Town Offices to the Cape Cod
Lighthouse Charter School,
3) Relocate the Town Offices and the Council on Aging operations
to the Eddy Elementary School, and
4) Move the Brewster Historical Society from Spruce Hill to the
COA/Old Town Hall building.
The first critical component of this proposal will be to hire an architect to
design an addition to the Stony Brook Elementary School. This article will
provide funds for this purpose.
BOS & FCR: Recommendations will be provided at Town Meeting.
DEPARTMENT OF PUBLIC WORKS / Weight Scale Replacement Project
ARTICLE NO. 6: To see if the Town will vote to transfer from available
funds an additional sum of money to pay costs associated with the engineering,
design, construction, renovation, appurtenances and all other costs incidental
and related thereto for the replacement and improvement of the weight scale at
the Solid Waste Transfer Station, 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)
SUMMARY
This item is seeking additional funds for the replacement of the Solid
Waste Transfer Station scale. As stated last fall, it was our original intention to
design the new scale in-house and remove the existing scale using Town
personnel. This approach turned out to be impractical. Design services,
provided by the Town’s engineering consultant are complete, the work has been
advertised for bid, and we anticipate the need for additional funding to complete
the project. Bid results will be available prior to Town Meeting. Removal of the
old scale and some minor preparatory work will be completed by Town
personnel.
BOS & FCR: Recommendations will be provided at Town Meeting.
OTHER BUSINESS
ARTICLE NO. 7: To act upon any other business that may legally
come before this meeting.
(Majority Vote Required) (Board of Selectmen)
15
15
Given under our hand and Seal of the Town of Brewster
affixed this 6th day of April, 2009.
Peter G. Norton, Chairman Dyanne F. Cooney, Vice-Chairman
James W. Foley, Clerk Edward S. Lewis
Gregory A. Levasseur
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
4, 2009 by posting attested copies thereof, in the following locations in the
Town on the __th day of April, 2009.
Brewster Town Offices Brewster Farms
Brewster Ladies Library Brewster Pizza House
The Brewster Store Millstone Liquors
U. S. Post Office
__________________________
Roland W. Bassett, Constable
16
16
ANNUAL TOWN MEETING
MAY 4, 2009
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 fourth day of May, 2009 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, 2010, as follows:
Expended Appropriated Requested
Item Department FY2008 FY2009 FY2010
1. Cape Cod Tech. Assess.
Total Assessment
or to take any other action relative thereto.
(Majority Vote Required) (Cape Cod Technical School Committee)
SUMMARY
This article will provide funding for the Fiscal Year 2010 operating budget
for the Cape Cod Vocational Technical School District. This school district
consists of the towns of Barnstable, Brewster, Chatham, Dennis, Eastham,
Harwich, Mashpee, Orleans, Provincetown, Truro, Wellfleet and Yarmouth. The
overall district-wide budget has increased by 3.25% over Fiscal Year 2009.
Brewster’s actual share of the assessment has increased by a sum of $2,232 or
3/10th of 1% over Fiscal Year 2009. District-wide student enrollment has
decreased from 723 students to 703 students; with Brewster’s enrollment share
declining from 55 to 48 students. (The funding increase requested within this
$730,376.00 $680,958.00 $683,190.00
$730,376.00 $680,958.00 $683,190.00
17
17
article would result in approximately a 1/10th of 1 cent increase in the Fiscal
Year 2010-tax rate.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
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,
2010, as follows:
Expended Appropriated Requested
Item Department _ FY2008 FY2009 FY2010___
1. Elementary School
Budget
Total School Budget
or to take any other action relative thereto.
(Majority Vote Required) (Elementary School Committee)
SUMMARY
This article will provide funding for the Fiscal Year 2010 operational
budget for the Stony Brook and Eddy Elementary Schools. As of the printing of
this document, the Fiscal Year 2010 budget request for the Elementary Schools
stands at $5,749,541. These operational budgets have increased by the total
sum of $99,428 or 1.76%, over Fiscal Year 2009. This percentage factors
increases to 2.48% when the schools’ proportionate shares of fringe benefit
expenses are applied. (The funding increase requested within this article would
result in a 4 ½- cent increase in the Fiscal Year 2010-tax rate.)
BOS: 3-YES; 0-NO; 2-ABSTAINED FCR: 7-YES; 0-NO; 1-ABSTAINED
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, 2010, as follows:
$5,224,532.13 $5,650,113.00 $5,749,541.00
$5,224,532.13 $5,650,113.00 $5,749,541.00
18
18
SELECTMEN
EXPENDED APPROPRIATED REQUESTED
item DEPARTMENT FY2008 FY 2009 FY 2010
1 MODERATOR WAGES 300.00 300.00 300.00
2 SELECTMEN'S WAGES 4,365.38 5,250.00 5,250.00
STAFF WAGES 50,350.00 52,584.00 53,723.00
EDUCATIONAL REIMB 900.00 1,900.00 2,200.00
EXPENSES 29,802.07 33,540.00 30,075.00
ADMINISTRATOR WAGES 232,617.89 242,787.00 247,914.00
EXPENSES 9,450.00 8,400.00 9,400.00
LEGAL EXPENSES 75,019.42 112,000.00 102,000.00
TOWN REPORT EXPENSES 6,664.30 7,500.00 6,500.00
3 FINCOM EXPENSES 1,780.53 2,000.00 2,000.00
RESERVE FUND 14,450.00 85,000.00 85,000.00
4 ACCOUNTANT WAGES 130,390.37 136,192.00 137,945.00
AUDIT OF ACCOUNTS 25,500.00 25,500.00 25,500.00
EXPENSES 2,638.51 3,605.00 3,205.00
ASSESSOR WAGES 131,197.35 138,048.00 141,221.00
EXPENSES 3,269.71 18,045.00 4,300.00
TREAS/COLL WAGES 189,506.46 197,558.00 201,177.00
EXPENSES 20,255.17 26,600.00 26,900.00
INFORMATION TECHNOLOGY
WAGES 67,132.19 70,664.00 71,696.00
EXPENSES 44,964.45 52,000.00 55,255.00
DEBT SERVICE 2,789,033.75 3,186,367.00 3,105,349.00
FRINGE BENEFITS 2,143,246.87 2,526,327.00 2,654,328.00
RETIREMENT/PENSION 1,035,649.00 1,093,179.00 1,219,032.00
5 TOWN CLERK'S WAGES 59,495.73 61,740.00 61,885.00
CLERK STAFF WAGES 52,551.48 62,147.00 53,842.00
EXPENSES 19,702.15 22,475.00 17,555.00
6 TOWN HALL MAINT WAGES 78,104.00 82,395.00 81,672.00
EXPENSES 16,942.89 19,548.00 19,500.00
COA BLDG EXPENSES 7,163.76 7,200.00 7,200.00
DRUMMER BOY EXPENSES 334.50 800.00 800.00
7 CONSTABLE 250.00 250.00 250.00
POLICE WAGES 1,633,911.58 1,781,292.00 1,798,631.00
EXPENSES 144,592.53 129,325.00 125,700.00
8 FIRE/RESCUE WAGES 1,275,671.46 1,359,673.00 1,371,125.00
EXPENSES 111,832.12 106,300.00 101,800.00
RESCUE EXPENSES 73,172.20 83,000.00 87,000.00
STATION EXPENSES 28,356.34 32,200.00 32,000.00
9 PLANNING WAGES 33,510.25 113,293.00 128,623.00
19
19
PLANNING/APPEALS
EXPENSES 1,152.49 7,200.00 3,900.00
10
BLDG INSPECTOR/HDC
WAGES 262,909.07 287,363.00 284,732.00
BUILDING/HDC EXPENSES 5,626.47 6,300.00 6,300.00
11 NATURAL RESOURCES AND
CONSERVATION WAGES 144,685.26 178,277.00 180,156.00
EXPENSES 35,255.06 25,600.00 32,350.00
PROPAGATION 6,000.00 6,000.00 6,000.00
12 BOARD OF HEALTH WAGES 148,412.11 156,028.00 157,930.00
VISITING NURSE ASSOC. 16,386.25 18,360.00 18,360.00
EXPENSES 2,863.04 4,500.00 4,400.00
13 DPW WAGES 716,577.45 770,104.00 788,378.00
ROAD MACHINERY 33,075.00 35,800.00 40,800.00
SNOW & ICE CONTROL 117,817.14 85,000.00 110,000.00
EXPENSES 215,849.01 206,148.00 213,914.00
SOLID WASTE DISPOSAL 306,448.85 323,832.00 299,338.00
STREETLIGHTING 9,059.12 9,800.00 9,800.00
14 WATER COMM. WAGES 2,200.00 2,200.00 0.00
WATER STAFF WAGES 605,259.45 649,637.00 653,733.00
OPERATING EXPENSES 290,826.74 399,459.00 427,401.00
EQUIPMENT EXPENSES 11,140.77 11,850.00 11,320.00
15 GOLF DEPT WAGES 1,084,132.03 1,160,831.00 1,160,226.00
EXPENSES 783,490.80 834,531.00 823,421.00
16 RECREATION WAGES 91,600.01 97,151.00 98,207.00
EXPENSES 20,367.41 19,644.00 19,639.00
17 COUNCIL ON AGING WAGES 159,589.73 167,519.00 170,043.00
EXPENSES 11,492.00 11,982.00 11,982.00
18 LADIES LIBRARY 477,398.00 499,544.00 511,900.00
19 ALEWIVE COMM. WAGES 2,420.00 4,500.00 2,500.00
EXPENSES 632.50 900.00 900.00
OLD MILL SITE COMM. 3,712.00 3,500.00 4,000.00
20 UTILITIES 426,384.58 506,283.00 476,283.00
LIABILITY INSURANCE 343,963.88 331,343.00 308,248.00
21 ASSESSMENTS 26,873.60 40,300.00 40,770.00
MEMORIAL/VETERANS DAY 1,500.00 1,500.00 1,500.00
VETERANS SERVICES 17,734.92 14,000.00 20,000.00
GRAND TOTAL 16,926,909.15 18,763,970.00 18,976,284.00
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
20
20
SUMMARY
This article will provide funding for the Fiscal Year 2010 operational
budget for the town boards, committees and departments. The town’s
operational budget, as presented in this article, exclusive of the debt budget,
has increased by 3.08%. However, this budget does include $1,259,883 in
fringe benefit expenses for the elementary schools. The town’s debt budget has
decreased from the sum of $3,186,367 in Fiscal Year 2009 to $3,105,349 in
Fiscal Year 2010, or a 2.54% decrease. In addition all of the town’s collective
bargaining agreements will expire on June 30, 2009; therefore this budget does
not contain any allowance for this purpose. (The funding increases requested
within this article over Fiscal Year 2009, minus the schools’ fringe benefits
expenses and the debt budget, will result in approximately a 2 ½ cent increase
in the tax rate for Fiscal Year 2010.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
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, 2010, as follows:
Expended Appropriated Requested
Item Department FY2008 FY2009 FY2010__
1. School Assessment
2. Capital Plan Assess.
Grand Total
or to take any other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
SUMMARY
This article provides funding for the Fiscal Year 2010 operational budget
for the Nauset Regional School District. The overall operating budget for the
Nauset Regional Schools stands at $24,082,897, which represents an increase of
1.74% over the prior year. Brewster’s share of the Nauset Schools operational
budget stands at $8,745,345, or a 3.89% increase over Fiscal Year 2009.
Brewster’s proportionate share of enrollment has increased from 48.92% in
Fiscal Year 2009 to 49.58% in Fiscal Year 2010. The Nauset Schools’ overall
debt service expense has decreased by $41,988 or 27.58% over Fiscal Year
2009. This is the forth year that this budget includes a line item in the amount
of $227,297, which is as assessment for the capital equipment and facilities
maintenance budget for the Nauset Schools. This program was approved by
means of a Proposition 2 ½ override ballot question in May of 2005.
$8,112,720.00 $8,464,084.00 $8,745,345.00
$108,184.66 $224,558.00 $227,297.00
$8,220,904.66 $8,688,642.00 $8,972,642.00
21
21
(The funding increase requested within this article, minus the schools’ debt
budget, will result in approximately a 7 ½ cent increase in the Fiscal Year 2010-
tax rate.)
BOS: 3-YES; 2-NO; 0-ABSTAINED FCR: 0-YES; 8-NO; 0-ABSTAINED
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 2011 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)
SUMMARY
This article will apportion the Nauset Regional School’s assessment to the
four member towns based on their proportionate enrollment within the school
district. This is the method provided within the inter-municipal agreement,
approved by the towns establishing the Nauset Regional School District. This
method has been applied in each of the last eleven years by town meeting vote.
BOS: 3-YES; 0-NO; 2-ABSTAINED
FCR: The Finance Committee voted (7-Yes; 1-No; 0-Abstain) to
recommend that this item be indefinitely postponed until the 2009 Fall
Yearly Town Meeting.
COMMUNITY PRESERVATION ACT FUNDING
ARTICLE NO. 6: 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, 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. Friends of Crosby Mansion / Town of Brewster:
Crosby Mansion Porch Repair Project $125,000.00
($74,348.00 from estimated revenue; $50,652 .00 from reserves)
22
22
b. Brewster Cemetery Commission:
Breakwater Cemetery Gravestone Repair Project $5,000.00
($5,000.00 from estimated revenue)
c. Reserve Funds. To hold in reserve for the purpose of Historic
Preservation the sum of $5,053.00 Dollars from the Fund’s Fiscal Year
2010 revenues for future expenditure;
2. Community Housing:
a. Reserve Funds. To hold in reserve for the purpose of Community
Housing the sum of $84,401.00 Dollars from the Fund’s Fiscal Year
2010 revenues for future expenditure;
3. Open Space:
a. Reserve Funds. To hold in reserve for the purpose of acquiring Open
Space the sum of $96,052.00 Dollars from the Fund’s Fiscal Year 2010
revenues for future expenditure;
4. Reserve Funds:
a. Brewster Recreation Commission:
Tennis Court Construction Project $250,000.00
($250,000.00 from estimated revenue)
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 $3,204.00 Dollars from the Fund’s Fiscal Year 2010
revenues for future expenditure;
5. Administration and Operating Expenses:
a. Administration and Operating Expenses. To appropriate the sum of
$44,422.00 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;
Grand-total $613,132.00
or to take any other action relative thereto.
(Two-thirds Vote Required) (Community Preservation Committee)
23
23
SUMMARIES
In May of 2005, Brewster approved a ballot question which allowed for
the adoption of the modified Community Preservation Act. The act appropriates
3% of the town’s real estate tax revenues, which are reserved in a special fund
in order to finance projects and programs for the purposes of preservation of
open space, recreation, affordable housing, and historic preservation. Brewster
is also eligible to receive up to 3% in matching funds from the State, although
we anticipate a reduced reimbursement rate from the State for Fiscal Year 2010.
Brewster established, through a local bylaw, a distribution schedule for the CPA
funds according to the following:
• 50% of the funds for open space,
• 10% for affordable housing,
• 10% for historic preservation, and
• 30% balance is available for housing, historic preservation and/or active
recreation projects or programs.
The Community Preservation Committee received a variety of applications for
funding. After a lengthy review, the following requests are presented for Town
Meeting consideration:
HISTORICAL PRESERVATION
1a. Friends of the Crosby Mansion / Town of Brewster:
Crosby Mansion Porch Repair Project – Built in 1888, the Crosby
Mansion is a unique Victorian building, listed on the State Registry of Historic
Places and is located in the Town’s Historic District. The ornate arches and
columns in the front of the Mansion are rapidly deteriorating and will take
about three months to repair and restore.
• Total Budget for Project: $187,000 CPA funding request: $125,000
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
1b. Brewster Cemetery Commission:
Breakwater Cemetery Gravestone Repair Project – This item will allow
for the continuation of the preservation of the gravestones at the Breakwater
Road Cemetery located behind the First Parish Church. These funds will be
used to repair, erect, re-set and re-align these gravestones of historic
interest.
• Total Budget for Project: $12,000 CPA funding request: $5,000
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
1c. Reserve Funds for Historical Preservation – This item will allocate the
balance of the unused historic preservation funds for Fiscal Year 2010 into
the historic preservation account.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
24
24
COMMUNITY HOUSING
2a. Reserve Funds for Community Housing– This item will allocate the
balance of the unused community housing funds for Fiscal Year 2010 into
the community housing account.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
OPEN SPACE
3a. Reserve Funds for Open Space - This item will allocate the balance of
the unused open space funds for Fiscal Year 2010 into the open space
account.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
GENERAL RESERVE FUND
4a. Brewster Recreation Commission:
Tennis Court Construction Project – The Board of Selectmen will
construct four new adult and four youth sized tennis courts, to replace the
badly deteriorated courts behind the Fire Station and Council on Aging
buildings on Route 6A. The youth courts are known as “Quick-start Courts”,
which are reduced sized courts designed to make it easier for young children
to participate in and enjoy this sport. We are confident that the United
States Tennis Association (USTA) will provide a subsidy for these courts; in
addition the Recreation Commission has applied for further grant funds to
support this project.
• Total Budget for Project: $600,000 CPA funding request:$250,000
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 5-YES; 1-NO; 0-ABSTAINED
4b. General Reserve Fund - The Community Preservation legislation requires
that any funds not allocated for a specific project or fund category in any
given year must be reserved by Town Meeting and carried over for future
years. These funds will be available for community housing, recreation
and/or historic resource purposes.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 5-YES; 0-NO; 1-ABSTAINED
ADMINISTRATIVE & OPERATING EXPENSES
5a. Community Preservation Administrative/Professional Expenses -
The enabling legislation provides authorization for Town Meeting to
appropriate up to 5% of the program’s estimated revenues to be used for a
wide variety of administrative and operating expenses such as, but not
limited to: clerical services, consultants, appraisals, technical and legal
services.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
25
25
The Community Preservation Act further provides that any funds not allocated
and approved by Town Meeting in the current year are reserved and carried
over to the following year.
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-FIVE
THOUSAND FIVE AND 00/100 ($65,005.00) 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 $6,160.00
6. South Coastal Counties Legal Services, Inc. $4,300.00
7. Lower Cape Outreach Council, Inc. $7,500.00
8. capeAbilities (formerly Nauset, Inc.) $6,425.00
9. Sight Loss Services, Inc. of Cape Cod & Islands $900.00
10. Elder Services of Cape Cod “Meals on Wheels” $7,500.00
11. Aids Support Group of Cape Cod $2,500.00
12. Big Brothers/Big Sisters of Cape Cod & Islands $3,000.00
13. Together We Can Prevention Council, Inc. $5,000.00
14. Cape Cod Children’s Place $3,000.00
GRAND TOTAL $65,005.00
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)
SUMMARIES
1. Cape Cod Child Development Program, Inc. provides assistance and
counseling to children who have been identified as being at risk with
emotional and/or learning disabilities (Previous request in FY2009 -
$5,020.00).
2. Consumer Assistance Council, Inc. is an organization which makes
consumers aware of their legal rights should they have difficulties dealing
with a business (Previous request in FY2009 - $500.00).
3. Gosnold provides detoxification programs for people fighting dependency
and addiction (Previous request in FY2009 - $9,000.00).
26
26
4. Independence House is the Cape’s only twenty-four hour free and
confidential resource center, providing counseling and shelter to battered
women, their children and survivors of rape and sexual assault (Previous
request in FY2009 - $4,200.00).
5. Interfaith Council for the Homeless of Lower Cape Cod serves
Brewster residents who are homeless or at risk of homelessness (Previous
request in FY2009 - $5,502.00).
6. South Coastal Counties Legal Services, Inc. provides free legal advice
and representation to Brewster residents over the age of sixty despite
income, through the Elder Law Project (Previous request in FY2009 -
$4,200.00).
7. Lower Cape Outreach Council, Inc. assists persons and families who are
experiencing financial hardship (Previous request in FY2009 - $7,300.00).
8. capeAbilities (formerly Nauset, Inc.) operates two group homes and
provides rehabilitation, training and employment for local residents who are
mentally retarded and/or handicapped (Previous request in FY2009 -
$6,425.00).
9. Sight Loss Services, Inc. of Cape Cod & Islands provides assistance to
Brewster residents who are newly blind, visually impaired or affected with
progressive eye disease (Previous request in FY2009 - $900.00).
10. Elder Services of Cape Cod “Meals on Wheels” serves meals to
homebound elders in Brewster who are unable to prepare nutritionally
balanced meals for themselves, who are unable to attend the senior dining
room and who lack a support system to assist with meal preparation
(Previous request in FY2009 - $7,500.00).
11. Aids Support Group of Cape Cod provides anonymous testing and
primary care referrals, transportation to appointments, food for homebound
clients, home care and emergency housing assistance. It also provides
support to families of AIDS patients through referrals. (Previous request in
FY2009 - $2,500.00).
12. Big Brothers/Big Sisters of Cape Cod & Islands matches needy
children with volunteer adults that assist one on one with their growing
mentoring needs. (Previous request in FY2009 - $2,000.00).
13. Together We Can Prevention Council, Ic. provides teens with an
alcohol, tobacco and drug free club environment. (Previous request in
FY2009 - $5,000.00).
14. Cape Cod Children’s Place a family resource and referral center
providing support for families with young children ages 1 month - 5 yrs.
(This is a new funding request).
(The funding increase requested within this article would result in less then a 2
cent increase in the Fiscal Year 2010-tax rate.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 1-ABSTAINED
27
27
LOCAL BUSINESS ORGANIZATION FUNDING
ARTICLE NO. 8: 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)
SUMMARY
This article will provide partial funding for the operational costs for the
Chamber of Commerce and Board of Trade United, which serve to generate
room’s tax revenue for the town through the promotion of tourism. Brewster is
the beneficiary of a 4% room’s occupancy tax, which is levied on guests staying
in bed and breakfasts, inns and resorts in the town. The Chamber of Commerce
and Board of Trade United promotes tourism annually through a trade
guidebook; the map and guide; through publication advertising; and other
promotional events. In addition this funding is used to assist in the funding of
operational expenses for the Visitor’s Information Center in order to
accommodate the yearly tourism business and develop further revenues for
Brewster. (The funding increase requested within this article would result in
less then a 6/10th of 1-cent increase in the Fiscal Year 2010-tax rate.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 8-YES; 0-NO; 0-ABSTAINED
28
28
BREWSTER TOWN BAND / FUNDING REQUEST
ARTICLE NO. 9: 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 grant
proceeds and expend said funds for this purpose, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
The Brewster Band provides a weekly concert series throughout the
summer season at Drummer Boy Park, which is located on Route 6A in West
Brewster. This article provides limited financial assistance from the town to
augment private fundraising efforts by the band. (The funding increase
requested within this article would result in a 1/20th of 1-cent increase in the
Fiscal Year 2010-tax rate.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 8-YES; 0-NO; 0-ABSTAINED
BAYSIDE SKIPPERS / FUNDING REQUEST
ARTICLE NO. 10: To see if the Town will vote to raise and
appropriate and/or transfer from available funds the sum of 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)
SUMMARY
This article will replenish funding for the coach’s stipend for the Bayside
Skipper’s program; said funds to be utilized equally to pay all coaches, under the
direction of the Board of Directors of the Bayside Skippers Parents Support
Group. The balance of the operational expenses for this program is raised
through private fundraising efforts. (The funding increase requested within this
article would result in less then a 1/10th of 1-cent increase in the Fiscal Year
2010-tax rate.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 8-YES; 0-NO; 0-ABSTAINED
29
29
CROSBY MANSION REVOLVING FUND
ARTICLE NO. 11: To see if the Town will vote to reauthorize the
Crosby Mansion Revolving fund for the 2010 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)
SUMMARY
The town has an agreement, for a period of 25 years, plus a 10 year
renewal option, with the Commonwealth of Massachusetts to lease the Crosby
Mansion along with two nearby cottages. Due to the efforts of the Friends of
Crosby Mansion, the town has completed the repair of both cottages. These
cottages are rented out during the tourism season. The rental proceeds are
then reinvested into the mansion and cottages throughout the term of the lease.
This article will authorize the continuation of the “Crosby Mansion Revolving
Fund”, which is a state authorized accounting vehicle that allows for the
collection and expenditure of revenues for a specialized purpose. The law
requires that a report be provided annually to town meeting on the status of this
special account.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
PROPERTY VALUATION SERVICES
ARTICLE NO. 12: To see if the Town will vote to raise and appropriate
and/or transfer from available funds the sum of SIXTY THOUSAND FIVE
HUNDRED AND 00/100 ($60,500.00) 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)
SUMMARY
This article will fund the third year of a three year consulting services
contract for the following:
• Perform a statistical analysis to ensure that the Fiscal Year 2010
valuations meet the guidelines established by the Department of
30
30
Revenue’s Division of Local Services for the triennial town-wide
revaluation;
• Completion of a full land review of all parcels in accordance with new
State standards;
• Inspection of all building permits for calculation of new growth; and
• Discovery and listing of all new business personal property accounts.
(The funding request within this article will be transferred from the Overlay
Surplus account.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 8-YES; 0-NO; 0-ABSTAINED
CAPITAL AND SPECIAL PROJECT EXPENDITURES
ARTICLE NO. 13: 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 2010 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. Tennis Courts Construction Project $350,000.00
b. Fish Passage Repair at Lower Mill Pond $15,000.00
2. Fire Department:
a. Rescue Services Billing Expense $10,000.00
b. Rescue Equipment $7,500.00
c. Dispatch Services Expense $30,000.00
d. Hazardous Materials Expense $2,500.00
e. Garage Repair Project $8,000.00
f. EMS Computers Hardware & Software Expense $50,000.00
3. Department of Public Works:
a. Road Signs for Private Roads $5,000.00
b. Cemetery Improvement Project $8,500.00
4. Golf Department:
a. Fiber-optics Improvement Project $3,000.00
b. Golf Course Renovation Project $215,000.00
31
31
5. Police Department:
a. Patrol Vehicles Replacement (3 vehicles) $73,000.00
6. Elementary School Department:
a. Eddy School Water Heater Replacement $55,850.00
7. Water Department:
a. Pickup Truck Replacement $22,000.00
b. Construction Account $50,000.00
c. Pump Electric Motor Replacement $30,000.00
____________
Grand-total $935,350.00
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARIES
1. BOARD OF SELECTMEN
1a. Tennis Court Construction Project – This article will provide partial
funding for the construction of several new tennis courts at the Stony Brook
Elementary School property. The current courts, located behind the Fire
Station, are in poor condition and need significant rehabilitation. In addition the
location of these existing courts is problematic due to their proximity to the
current Fire Station. Hence we are working to abandon the old courts and
construct new facilities on Underpass Road. (The funding increase requested
within this article would result in less then 3-cent increase in the Fiscal Year
2010-tax rate.)
BOS & FCR: Recommendations will be provided at Town Meeting.
1b. Fish Passage Repairs at Lower Mill Pond – The Town recently received
a grant to contract with an engineering firm to evaluate the feasibility, prepare
engineering plans and submit permit applications for fish passage improvements
at the Town’s Herring Run on the Millsites property. This is a reimbursable
grant that requires that the Town finance the project and submit for
reimbursement upon the completion of the project.
BOS: 4-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
2. FIRE DEPARTMENT
2a. Rescue Services Expense - This is an annual expense item, which is
utilized to pay costs associated with the rescue billing collection service. (These
funds will be transferred from the Ambulance Receipts Account.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
32
32
2b. Rescue Equipment Expense - The rescue equipment account was
established when the town first began billing for ambulance services. This fund
allows for equipment replacement, repairs and purchases throughout the year,
as the need dictates. (These funds will be transferred from the Ambulance
Receipts Account.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
2c. Fire & EMS Dispatch Services – In 2005 the town relocated the Fire
Department’s dispatch function to the Barnstable Sheriff’s Office. The county
currently provides dispatching services to several cape communities. These
funds will be utilized to pay the town’s service assessment costs, which are
based upon a per call basis. This account must be appropriated every year in
order to finance service costs. The Fire Department pays Barnstable County
semi-annually for these services. (These funds will be transferred from the
Ambulance Receipts Account.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
2d. Hazardous Materials Expense – These materials include items such as
absorption pads, testing devices, material removal and other equipment and
supplies as the need requires. (These funds will be transferred from the
Ambulance Receipts Account.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
2e. Garage Repair Project – Now that the Water Department has relocated
to their new facility off Freemans Way, we would like to use these funds to
undertake some limited repairs to the old office/garage buildings behind the
Council on Aging property. These buildings will be used on a limited basis by
the Fire, Recreation and Natural Resources Departments. (The funding increase
requested within this article would result in a ¼ of 1 cent increase in the Fiscal
Year 2010-tax rate.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
2f. EMS Computers & Software Expense – These funds will be utilized to
provide computerized reporting and data management for emergency medical
care. The State will be requiring that the Fire Department provide EMS data in
the same manner that other fire information is maintained. The benefits to
providing this capability will mean one time data entry for medical calls and
immediate access to prior information about an individual which will be valuable
relative to patient care. Presently, the department is evaluating various
reporting systems. (These funds will be transferred from the Ambulance
Receipts Account.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
33
33
3. DEPARTMENT OF PUBLIC WORKS
3a. Road Signs for Private Roads – This item will provide funds, which will
be used by the Department of Public Works to purchase materials to make signs
for our private ways. This is a new program that will be valuable to improve the
ability of our public safety agencies in locating private roads. (The funding
increase requested within this article would result in less then 1/10th of 1-cent
increase in the Fiscal Year 2010-tax rate.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 8-YES; 0-NO; 0-ABSTAINED
3b. Cemetery Improvement Project – This funding article represents two
separate improvements at two of the Town’s Cemeteries. This funding request
will be administered by the Cemetery Commissioners with assistance from the
Department of Public Works. The Brewster Memorial Cemetery was approved
and constructed several years ago. A low maintenance landscaping design for
this cemetery was funded at the FY2009 Town Meeting and the Commission is
prepared to proceed with the construction phase. The first portion of this
request is to provide funds to extend the water line from the beginning of the
access road near the Police Station to the cul-de-sac at the cemetery. The water
service will be used for the proposed landscaping improvement project, and is
not intended for watering plants and flowers that are sometimes left at
gravesites. The second portion of this request addresses the continued effort of
the Commission to clean, restore, and rebuild older headstones that are in the
Town’s older cemeteries. In particular, work will continue in the First Parish
Cemetery on Breakwater Road. (These funds will be transferred from the Sale of
Cemetery Lots account.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
4. GOLF DEPARTMENT
4a. Fiber-optics Improvement Project - These funds will be used to install
a fiber optic cable from the main clubhouse complex over to the maintenance
building. Currently, the maintenance building is using a “dial-up”
communications solution for their internet and email functions. The software
systems for irrigation and parts management regularly require large file
downloads and the current “dial-up” capabilities are inefficient. The town has
investigated various options, and the installation of the fiber optic cable is felt to
be the most cost effective solution. (These funds will be transferred from the
Golf Receipts Reserved for Appropriation account.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
4b. Golf Course Renovation Project – These funds will be used to perform
some necessary restorations to various holes on the original golf course. These
improvements are broken down as follows: $150,000 for cart path extensions
and curbing; $20,000 for tee restorations; and $45,000 for sink hole repairs. It
is felt that these restorations are necessary for the Captains Golf Course to
34
34
remain competitive within the golfing industry. The projects would begin in late
fall and completed by the spring of 2010. (These funds will be transferred from
the Golf Receipts Reserved for Appropriation account.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 1-NO; 0-ABSTAINED
5. POLICE DEPARTMENT
5a. Patrol Vehicles - The Police Department is requesting $73,000 to replace
3 vehicles. Two of these vehicles are marked Ford Crown Victorias that will
replace cruisers with well over 100,000 miles of service. The third is an
unmarked Ford Taurus; which will replace a 4 wheel drive Ford Explorer with
approximately 50,000 miles of service; the Ford Explorer will be transferred to
Town Hall for use in the building inspection services, replacing an older Ford
Taurus. (The funding increase requested within this article would result in less
then a 2 cent increase in the Fiscal Year 2010-tax rate.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 6-YES; 0-NO; 0-ABSTAINED
6. ELEMENTARY SCHOOL DEPARTMENT
6a. Eddy School Water Heater Replacement – While performing some
routine maintenance on the 400 gallon hot water heater at the Eddy Elementary
School, the contractor found significant deterioration to the interior tank liner.
The consequential problem is severe rusting and further tank deterioration. This
item will provide funding to replace this unit during the summer of 2009.
(The funding increase requested within this article would result in less then a 1
1/2 cent increase in the Fiscal Year 2010-tax rate.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
7. WATER DEPARTMENT
7a. Pickup Truck Replacement Expense - This two wheel drive pickup truck
is over 12 years old, and currently has a rear main seal leak that will be
expensive to repair. This is the second compact sized pickup truck that the
department has utilized; and it appears that this type of vehicle is not practical
for the majority of the department’s needs. A similar but full sized two wheel
drive replacement truck will be purchased and equipped with this funding.
(These funds will be transferred from the Water Revenue account.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 5-YES; 2-NO; 0-ABSTAINED
7b. Construction Account Expense – Typically we finance this annual
request at the Fall Yearly Town Meeting. However we still had adequate funds
available at that time and decided to delay this item until the 2009 Annual Town
Meeting. While we include the annual sum of $160,000 within the capital plan
for this purpose we have reduced this request to the sum of $50,000. (These
funds will be transferred from the Water Revenue account.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 4-YES; 0-NO; 1-ABSTAINED
35
35
7c. Pump Electric Motor Replacement Expense - We have traditionally
rebuilt electric motors when failures or condition deterioration occurs. Two of
the three motors are the original 1971 frames. With the modern variable
frequency drives that control the motors commonly used today, failures have
become more frequent. (These funds will be transferred from the Water
Revenue account.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 5-YES; 0-NO; 0-ABSTAINED
TOWN CODE AMENDMENT / Town Clerk’s Position
ARTICLE NO. 14: To see if the town will vote, in accordance with
Chapter 41, section 1B of the General Laws, to convert the position of Town
Clerk’s from an elected to an appointed position, said appointment to be made
by the Board of Selectmen, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
Currently the position of Town Clerk is an elected position with a three
year term. Our existing Town Clerk has informed us that she intends to retire
upon the conclusion of her current term, which will be in May of 2010. The
Town Administrator has requested that we place an article on the warrant to
determine if voters are interested in transitioning to an appointed office.
Massachusetts General Laws allow for this translation; however both town
meeting and town election approval are required.
BOS: 4-YES; 0-NO; 1-ABSTAINED FCR: 5-YES; 1-NO; 1-ABSTAINED
PROVINCETOWN CENTER FOR COASTAL STUDIES / Funding Request
ARTICLE NO. 15: To see if the Town will vote to authorize the Board
of Selectmen to enter into a contract with the Provincetown Center for Coastal
Studies in order to continue the Cape Cod Bay Monitoring Program for the
town and to raise and appropriate and/or transfer from available funds the
sum of TEN THOUSAND SEVEN HUNDRED AND 00/100 ($10,700.00)
DOLLARS, and to authorize the Town Administrator to solicit bids and/or
proposals, enter into a contract or contracts, accept grant proceeds and
expend said funds for this purpose, or to take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
The Cape Cod Bay Monitoring Program (CCBMP), conducted by the
Provincetown Center for Coastal Studies, is a long-term study to investigate the
36
36
health of the Bay. Since 2006, Center scientists and volunteers collect samples
bi-weekly from April through October from over 40 inshore, near-shore and
offshore stations from Duxbury to Provincetown and analyze them for basic
water quality parameters including temperature, salinity, and the nutrients
nitrogen and phosphorous. Center scientists are also examining the distribution
and health of eelgrass beds in the Bay. Because it is vulnerable to pollution,
particularly increased amounts of nutrients, eelgrass responds quickly to any
degradation in water quality.
Center scientists developed an important tool, the Bay Health Index, to
evaluate and present the water quality results in a meaningful way for a broader
public audience. The Health Index for the 2006 and 2007 analyses shows, in
general, that during much of the year the Bay is relatively healthy; however
water quality conditions begin to deteriorate during the summer months.
The Cape Cod Bay Monitoring Program is unique and essential to forming
a clearer understanding of the health of the entire bay ecosystem. All of the
Bay towns benefit from a broader knowledge of the Bay’s current and future
condition. Information from the monitoring program can be used by individual
towns, as well as towns working together, to determine actions that should be
taken to maintain or improve coastal water quality. In addition, information
from the monitoring program can help increase citizen awareness of actions
they can take to reduce pollution from their properties.
The Center lost its state funding of $150,000 for the CCBMP due recent
state budget cuts. While the Center is working to raise private funds to
continue this important program, it is also requesting support from each of the
14 towns around the Bay, from Duxbury to Provincetown. (The funding increase
requested within this article would result in less then a 1/4th of 1-cent increase
in the Fiscal Year 2010-tax rate.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
POLICE UNION COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 16: To see if the Town will vote to raise and
appropriate and/or transfer from available funds a sum of money to be used to
meet the terms and conditions of the proposed Collective Bargaining
Agreement, effective July 1, 2009, between the Town of Brewster and the
Police Officers, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
This article would fund the costs associated with the contract settlement
expenses between the Brewster Police Union and the Town. The current
37
37
contract expires on June 30, 2009. A contract settlement agreement has been
reached between the town and the union and will be presented at Town
Meeting.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
SEIU COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 17: To see if the Town will vote to raise and
appropriate and/or transfer from available funds a sum of money to be used to
meet the terms and conditions of the proposed Collective Bargaining
Agreement, effective July 1, 2009, between the Town of Brewster and the
Service Employee’s International Union, Local 254, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
This article would fund the costs associated with the contract settlement
expenses between the Service Employee’s International Union, Local 254 and
the Town. The current contract expires on June 30, 2009. A contract
settlement agreement has not been reached between the town and the union at
the time of the printing of this document.
BOS & FCR: Recommendations will be deferred until Town Meeting.
OPEIU COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 18: To see if the Town will vote to raise and
appropriate and/or transfer from available funds a sum of money to be used to
meet the terms and conditions of the proposed Collective Bargaining
Agreement, effective July 1, 2009, between the Town of Brewster and the
Office and Professional Employee’s International Union, Units A & B, or to take
any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
This article would fund the costs associated with the contract settlement
expenses between the Office and Professional Employee’s International Union,
Units A & B and the Town. The current contract expires on June 30, 2009. A
contract settlement agreement has not been reached between the town and the
union at the time of the printing of this document.
BOS & FCR: Recommendations will be provided at Town Meeting.
38
38
IAFF COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 19: To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to be used to meet the
terms and conditions of the proposed Collective Bargaining Agreement, effective
July 1, 2009, between the Town of Brewster and the International Association of
Firefighters, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
This article would fund the costs associated with the contract settlement
expenses between the International Association of Firefighters and the Town.
The current contract expires on June 30, 2009. A contract settlement
agreement has not been reached between the town and the union at the time of
the printing of this document.
BOS & FCR: Recommendations will be provided at Town Meeting.
NON-UNION PERSONNEL WAGE FUNDING
ARTICLE NO. 20: To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to fund wage and salary
adjustments for eligible employees covered by the Personnel Bylaw and other
non-union employees, effective July 1, 2009, or to take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
This article would fund the costs associated with the wage adjustments
for employees covered under the Personnel Bylaw and other non-union
employees.
BOS & FCR: Recommendations will be provided at Town Meeting.
PUBLIC CONSUMPTION OF MARIHUANA OR
TETRAHYDROCANNABINOL
ARTICLE NO. 21: To see if the Town will vote to amend the Code of the
Town of Brewster by repealing in Chapter 60 Alcoholic Beverages both Section
60-1 Consumption on highways prohibited and Section 60-2 Violations and
penalties and by adding as the new Section 60-1 the following:
60-1A. Use of Alcoholic Beverages, Marihuana or Tetrahydrocannabinol. No
person shall consume an alcoholic beverage as defined by General Laws
39
39
Chapter 138, Section 1, as amended, or possess an opened container of such
beverage, or consume marihuana or tetrahydrocannabinol as defined by
General Laws Chapter 94C, Section 1 within the limits of any park, beach,
playground, public building or any public land (but not including a public way)
owned or under the control of the Town of Brewster nor shall any person,
including any person in a motor vehicle while it is in, on or upon any public
way or any way to which the public has a tight of access as aforesaid,
consume an alcoholic beverage, as defined in said Section 1, or consume
marihuana or tetrahydrocannabinol on any public way or way to which the
public has a right of access as invitees or licensees, including any person in a
motor vehicle while it is in, on, or upon any public way or any way to which
the public has a right of access as aforesaid, within the limits of the Town of
Brewster; and no person shall consume any alcoholic beverages, or consume
marihuana or tetrahydrocannabinol as previously defined, in, on, or upon any
private land or place without the consent of the owner or person in control of
such private land or place. All alcoholic beverages, marihuana or
tetrahydrocannabinol being used in violation of this section may be seized
and held until final adjudication of the charge against any such person or
persons has been made by the court. This by-law does not apply to
prescribed medicines or to unaltered and unadulterated non-prescription
medications. Whoever violates the provisions of this section shall be punished
by a fine of two hundred ($200.00) dollars for such offense.
60-1B. A police officer taking cognizance of a violation of 60-1A, may request
the offender to state his or her true name and address. An offender who
refuses to state his or her true name and address or who provides a false
name and address shall be punishable by a fine of $300.
or to take any other action relative thereto.
(Majority Vote Required) (Police Chief)
SUMMARY
Up until January of 2009, it was illegal to possess marihuana in
Massachusetts; and those who did were subject to arrest. Therefore under the
previous law, law enforcement agencies had a remedy for those persons who
smoked marihuana in public. Since citizens of Massachusetts voted in favor of
the decriminalization of somebody who possesses less than one ounce of
marihuana, there is no remedy for the public smoking of marihuana. Within the
approved ballot initiative there is a provision which reads “Nothing contained
herein shall prohibit a political subdivision of the Commonwealth from enacting
ordinances or by-laws regulating or prohibiting the consumption of marihuana or
tetrahydrocannabinol in public places and providing for additional penalties for
the public use of marihuana or tetrahydrocannabinol.” Because the public
smoking of marihuana or hashish would be as potentially disruptive, similar to
40
40
that of the public consumption of alcohol, the Police Chief is requesting that
Town Meeting enact the proposed amendment to Town’s Code to increase the
fine for the public consumption of alcohol to $200 and to also prohibit the public
consumption of marihuana or tetrahydrocannabinol or face a fine of $200. An
additional provision would create a fine of $300 for failure to provide information
or improper information relative to an individual’s identity.
BOS: 4-YES; 0-NO; 1-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
RELEASE OF ROAD EASEMENT / Great Fields Road Layout
ARTICLE NO. 22: To see if the Town will vote to authorize the Board of
Selectmen to convey to the owners of lots no. 43, 43-1, 51, 51-1, 52 and 52-1 of
map no. 23, for no consideration, any interest that the Town may have in a forty
(40’) foot easement for the roadway layout for a portion of Great Fields Road
and to see it the Town will vote to discontinue as a town way the Great Fields
Road section as shown on a plan available for public inspection in the
Selectmen’s office, or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
SUMMARY
The town has been working for a period of time to create a
reconstruction plan for Great Fields Road. A small portion of the current but
unimproved road way layout, near its interaction with Stony Brook Road,
traverses a wetlands area. The simple fact is that a road will never be built
within this portion of the road layout. For this reason the Board of Selectmen
would like to release our interest in the easement to the appropriate abutters.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
41
41
(Map Insert for Article 22)
42
42
(Map Insert for Article 23)
43
43
BREWSTER FAMILY HOUSING / Property Restriction Amendment
ARTICLE NO. 23: To see if the Town will vote to amend the vote under
Article No. 38 of the November 21, 1994 Fall Town Meeting, which prohibited the
building of anything but senior or congregate housing on parcels no. 45 of map
no. 24 of the Board of Assessors Maps, in order to allow the construction of
mixed income housing for family and workforce housing, or to take any other
action relative thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
This land was conveyed to the Housing Authority from the Town of
Brewster in 1994, with the qualification that it be developed only for affordable
housing for low-income and needy seniors. The Brewster Housing Authority
would like Town Meeting’s authorization to expand the scope of the use of this
parcel to include housing for different target populations, including working
individuals and families, earning up to 110% of median income. This request is
based on updated statistics, revealing that Brewster’s need for affordable
housing has broadened, forcing many lower-income workers and families to
relocate off-Cape. Further, with the addition of Well’s Court Senior Housing
Complex, the allowance of secondary affordable dwelling units, and the
expansion of several private senior facilities locally, it appears the market is
beginning to provide a more sufficient supply of “elder-only” units.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
CELL TOWER LEASE EXTENSION
ARTICLE NO. 24: To see if the Town will vote to authorize the Town
Administrator to lease or extend the existing lease on the communication tower
located at the Brewster Fire Station, located at 1657 Main Street, or to take any
other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
The town leases space on the communications tower behind the current
Fire Station to a variety of private parties. We have been approached by one
of the lessees on the tower to extend their current lease conditions and terms.
This article will allow the Town Administrator to negotiate an extension to said
lease.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
44
44
(Insert Map for Article 25))
45
45
REMOVAL OF SUBDIVISION RESTRICTION
ARTICLE NO. 25: To see if the Town will vote to approve the release
of the Town’s interest in a voluntary restriction limiting subdivision of the land
at 124 Pond Street, Brewster, Assessor's Map 39, Parcel 9-2, signed by George
R. Ryan, III and Jeanne M. Ryan and recorded with Barnstable Deeds Book
5711, Page 081, and to authorize and direct the Board of Selectmen to execute
and deliver a release of said restriction, or to take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
The owners of this property agreed to place a voluntary restriction on this
parcel of land. The property owners have requested that the town consider the
release of this encumbrance. This action requires approval by both the Board of
Selectmen and Town Meeting.
BOS & FCR: Recommendations will be provided at Town Meeting.
TOWN CODE AMENDMENT / Emergency Access Bylaw
ARTICLE NO. 26: To see if the Town will vote to amend the Code of the
Town of Brewster, Massachusetts by adding the following general by-law as
Chapter 157, Article IX, Sections 157-21 through 157-25:
Emergency Access By-law
Section 157-21. Purpose.
This by-law provides for the protection of the general public by
insuring safe and adequate access for oversized vehicles providing
emergency medical, law enforcement and/or fire protection services
over ways within the town.
Section 157 -22.
This bylaw does not apply to state or federal highways.
Section 157-23. Minimum clearance standards for all ways.
The traveled portion of all public and private ways in existence at
the time of the adoption of this bylaw shall be kept cleared from all
brush and/or overhanging tree branches to provide a minimum,
unobstructed clearance of fourteen (14) feet wide and fourteen (14)
feet high. Any public or private way laid out after the effective date of
this bylaw shall be kept cleared from all brush, tree stumps,
overhanging trees branches, rocks and embankments in order to
46
46
provide a minimum, unobstructed clearance fourteen (14) feet wide and
fourteen (14) feet high.
Section 157-24. Failure to maintain clearance.
In the event a private way is not kept cleared as required by Section
157-23, the Superintendent of Public Works shall notify the owners of
lots abutting the insufficiently cleared section of the way and shall direct
them to clear the way within thirty (30) days. If the way is not
adequately cleared within those thirty (30) days and if the Chief of the
Police Department or the Chief of the Fire Department so requests in
writing, the Superintendent may enter the way and perform the
trimming necessary to bring the way into compliance with the clearance
standards of Section 157-23. The Town’s costs for the clearing
undertaken under this section or the next section shall be borne by the
owners of the abutting land. Charges remaining unpaid may be
recovered through a betterment assessment.
Section 157-25. Shade trees and scenic roads.
In the event that compliance with the Superintendent’s notice would
involve the cutting, trimming, or removal of public shade trees or the
cutting, trimming, or removal of trees along a designated scenic road,
the owners shall comply, instead, by requesting within those thirty (30)
days appropriate authorization from the tree warden in the case of
public shade trees or from the Planning Board in the case of a
designated scenic road. If such permission is not sought within thirty
(30) days, the Superintendent, if requested in writing by the Police
Chief or the Fire Chief, may seek this permission, and if it is granted,
the Superintendent may enter the way and perform the trimming
necessary to bring the way into compliance with the standards of
Section157-23.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
The Board of Selectmen have been working over the past few years to
update our policy, which essentially requires a minimum standard of care and
maintenance for private roads in order to be eligible for snow plowing services
from the town. This proposed bylaw will create a legal framework to insure that
private roads can meet this standard in the event that some limited portion of
the road fails to meet the established level of care.
BOS: 4-YES; 1-NO; 0-ABSTAINED FCR: 6-YES; 1-NO; 0-ABSTAINED
47
47
DEMAND CHARGES FOR DELINQUENT TAXES
ARTICLE NO. 27: To see if the Town will vote to charge for each
written demand issued by the Collector after June 30, 2009 a fee of $10.00 to
be added to and collected as part of the tax, as authorized by Massachusetts
General Laws Chapter 60, Section 15 or to take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen)
SUMMARY
A recent amendment within the State budget provided towns with the
authority to establish the charge imposed by the Tax Collector for the non
payment of delinquent taxes up to the amount of $30.00. The previous
payment limit within the General Laws was $5.00 for this fee. This bylaw would
increase this demand fee from the current rate of $5.00 to $10.00.
BOS: 4-YES; 1-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
ZONING BYLAW / All Terrain Vehicles (ATVs)
ARTICLE NO. 28: To see if the Town will vote to prohibit the
operation of All Terrain Vehicles ATVs) within the Town’s residentially zoned
districts and to restrict their use elsewhere in Town via Special Permit, and to
amend Article IV. “Use Regulations”, Section 179-11, Table of Use Regulations,
of the Zoning Code of the Town of Brewster to include the following new
wording under Sub-Section B, as a new subsection entitled “Recreational Uses
– 1. Operation of all terrain vehicles (ATVs)”, as follows:
Recreational Uses R-R R-L R-M C-H V-B I MRD CT WET
1. Operation of All
Terrain Vehicles (ATVs) - - - S S S S S S
or to take any other action relative thereto.
(Two-thirds Vote Required) (Citizens Petition)
BOS: 0-YES; 5-NO; 0-ABSTAINED FCR: 0-YES; 7-NO; 0-ABSTAINED
ZONING BYLAW AMENDMENT / Home Occupation
ARTICLE NO. 29: To see if the Town of Brewster will vote to amend
the Code of the Town of Brewster, Chapter 179, also known as the Zoning
Bylaws, Article I, General Provisions, Section 179-2, Definitions, Subparagraph
B by making the following changes to the definition of Home Occupation
shown in strikethrough for deletion and bold for addition:
48
48
HOME OCCUPATION — An accessory use which, by custom, has been to be
carried on entirely within a dwelling unit principal building, and/or
accessory building(s), incidental and subordinate thereto, carried on by the
occupants residents of the dwelling unit principal building with a limited
number of no more than two nonresident employees, and not in any manner
changing the primary residential character of the building property.
So that it reads:
§ 179-2
HOME OCCUPATION — An accessory use to be carried on entirely within a
principal building, and/or accessory building(s), by the residents of the principal
building with no more than two nonresident employees, and not in any manner
changing the primary residential character of the property.
And further to amend the Code of the Town of Brewster, Chapter 179, also
known as the Zoning Bylaws, Article IX Special Regulations, Section 179-37
Home occupations by making the following changes to the Home Occupation
regulations shown in strikethrough for deletion and bold for addition:
§ 179-37. Home occupations.
E A. The buildings or premises occupied shall not be rendered objectionable or
detrimental to the residential character of the neighborhood due to the
exterior appearance, emission of odor, gas, smoke, dust, noise, electrical
disturbance or in any other way.
F B. Any such building shall include no feature of design not customary in
buildings for residential use.
A C. No more than four two nonresidents shall be employed therein.
B D. The use is carried on strictly within the principal building on the premises
and/or the accessory building(s).
C E. Not more than 40% of the existing net floor area of the principal building
not to exceed 400 square feet is devoted to such use. The area used for
the home occupation shall not exceed 40% of the existing floor
area of the principal building and/or the accessory building(s) or
499 square feet, whichever is less.
D. (Reserved)1
G F. Items produced elsewhere shall not be brought to the premises for
purposes of sale.
49
49
H G. Such uses as clinics, barbershops, bakeries, gift or antique shops, beauty
parlors, tearooms, tourist homes, animal hospitals, kennels and others of a
similar nature shall not be considered to be home occupations.
1. Editor's Note: Former Subsection D, which provided for the use of a sign, was
repealed 5-14-1990 ATM, Art. 47.
so that it reads:
§ 179-37. Home occupations.
A. The buildings or premises occupied shall not be rendered objectionable or
detrimental to the residential character of the neighborhood due to the
exterior appearance, emission of odor, gas, smoke, dust, noise, electrical
disturbance or in any other way.
B. Any such building shall include no feature of design not customary in
buildings for residential use.
C. No more than two nonresidents shall be employed therein.
D. The use is carried on strictly within the principal building on the premises
and/or the accessory building(s).
E. The area used for the home occupation shall not exceed 40% of the
existing floor area of the principal building and/or the accessory building(s)
or 499 square feet, whichever is less.
F. Items produced elsewhere shall not be brought to the premises for
purposes of sale.
G. Such uses as clinics, barbershops, bakeries, gift or antique shops, beauty
parlors, tearooms, tourist homes, animal hospitals, kennels and others of a
similar nature shall not be considered to be home occupations.
or take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
SUMMARY
This would make several changes to the existing Home Occupation by-
law and definition that would allow home occupations in accessory structures as
well as principal dwellings, reduce the number of non-resident employees that
can work on the premises, and increase the total square footage that can be
dedicated to the home occupation.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
50
50
ZONING BYLAW AMENDMENT
ARTICLE NO. 30: To see if the Town of Brewster will vote to amend
the Code of the Town of Brewster, Chapter 179, also known as the Zoning
Bylaws, Article IX, Special Regulations, Section 179-39 Sand and Gravel
Operations by:
Deleting the letter “Q” at the end of the sentence in Section 179-39.2
(Procedures; application information), subsection B, paragraph (3),
subparagraph (e), (Procedures; Application Information) and adding the letter
“O,”
And further in Section 179-39.4 (Conditions and Restrictions), subsection N,
delete the words “ab initio” at the end of the last sentence, and substitute
“from the date of transfer or change in contractual interest” so that the last
sentence reads: “Failure to do so will render the special permit null and void
from the date of transfer or change in contractual interest.”
or take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
SUMMARY
The first change corrects a typographical error in the existing text. The
second change removes a legal term and replaces it with language that will be
clearer to the general public.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
TRANSFER CUSTODY / Town Owned Property
ARTICLE NO. 31: To see if the Town will vote to transfer to the
Conservation Commission for conservation 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 No. 34, Parcel No. 59 3.6 Off Gulls Way
b) Map No. 50, Parcel No. 38 2.9 Squantum Road
c) Map No. 44, Parcel No. 10 0.75 Mid Cape Highway
d) Map no. 21, Parcel No. 83 1.0 Off Route 6A in West Brewster
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
51
51
(Insert Four Maps for Article 31)
52
52
(Insert Four Maps for Article 31)
53
53
(Insert Four Maps for Article 31)
54
54
(Insert Four Maps for Article 31)
55
55
SUMMARY
The town has taken these parcels of land over time due to the non-
payment of property taxes. This article will serve to place the custody of these
parcels under the control of the Conservation Commission. We have included
maps in order to help to identify their locations.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
LAND ACQUISITION / Community Preservation Act
ARTICLE NO. 32: To see if the Town will vote to authorize the Board
of Selectmen to acquire two parcels of land designated on Brewster Assessors’
Map 21 as Parcels 10 and 11, located at 341 Main Street in Brewster,
Barnstable County, Massachusetts, consisting of three and eighty-four/100
(3.84 ac.) acres, more or less, and more accurately described in deeds
recorded in the Barnstable County Registry of Deeds in Deed Book 740, Page
535, and Deed Book 1003 Page 454, and under the will of Victor Bjorngren,
Barnstable County Probate #97P-1261, and on a plan of land entitled, “Plan of
Division of Land in Brewster, MA. as prepared for Addison H. Pratt, Jr., Scale:
1” = 40 ft. Sept. 12, 2005, Soule Land Surveying, 103 Vesper Pond Drive,
Brewster MA 02631” recorded in Plan Book 603 Page 16 in the Barnstable
County Registry of Deeds, 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 Six Hundred Eighty Thousand and
00/100 ($680,000.00) 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 Six Hundred
Eighty Thousand AND 00/100 Dollars ($680,000.00) 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; to authorize the Town Treasurer to transfer from available
sums the sum of Five Thousand ($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-
56
56
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 provided that the
Selectmen shall have certified that the anticipated net cost to the Town of this
land purchase shall not exceed One Hundred Thousand Dollars ($100,000.00),
not including expenses related thereto, after all non-municipal funds have
been received or contractually obligated; and further provided that any such
sums from non-municipal sources shall be deposited in the open space
account of the Community Preservation Fund; to authorize the Board of
Selectmen to grant to the Trustees of the Brewster Conservation Trust, for
consideration of not less than Two Hundred Thousand ($200,000.00) Dollars,
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, 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)
SUMMARY
This article will enable the Town to purchase 3.8 acres of land between
Main Street and Quivett Creek for a net cost of $100,000. The property includes
the site of the former Skyline Motel (demolished in 2007) and provides a scenic
view across the marsh. The Town will purchase the property only if State and
private funds totaling $575,000 are forthcoming as subsidies for the town's
purchase. The Brewster Conservation Trust has agreed to provide private
funding. In addition a State Land grant has been applied for by the Town. The
property will be held by the Conservation Commission for conservation and
passive recreation purposes.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
57
57
(Insert Map for Article 32)
58
58
PRIVATE ROAD BETTERMENT PROJECT
Standish Heights Subdivision
ARTICLE NO. 33: To see if the Town will vote to authorize the Board
of Selectmen to undertake a series of temporary road repairs to the following
roads:
Sturbridge Way, Essex Way, Stafford Terrace and Old Salem Road
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 ONE HUNDRED FIVE THOUSAND AND
00/100 ($105,000.00) 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)
SUMMARY
The town adopted a bylaw at the 1996 Annual Town Meeting, which
allows for citizens to petition town meeting to obtain funding assistance to
undertake repairs to private ways. The town, along with the private road
organization, will contract out for the repair work. The abutting property
owners will then be required to reimburse the town for the full project costs,
plus interest and administrative expenses, by means of a betterment
assessment over a period of time. (There will be no tax rate impact related to
this project. The abutters will incur all costs associated with this project through
a betterment assessment.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
HAZARDOUS WASTE COLLECTION PROGRAM
ARTICLE NO. 34: 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
59
59
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)
SUMMARY
Funding of this article provides residents with an opportunity to dispose
of household quantities of hazardous waste in a safe and secure manner. The
ultimate purpose of this program is to protect groundwater resources from
possible contamination due to the improper disposal of hazardous waste.
Brewster has participated in a regional program during the past several years in
cooperation with the towns of Harwich and Chatham. The collection site is
located at the Harwich Transfer Station, and we typically hold six disposal
events annually. Approximately 1,100 households from the three towns typically
participate in this program. (These funds will be transferred from the Water
Revenue Account.)
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 5-YES; 0-NO; 0-ABSTAINED
LEASE OF TOWN-OWNED PROPERTIES
ARTICLE NO. 35: To see if the Town will vote to authorize the Board
of Selectmen and/or the Water Commissioners to lease town-owned property
to the Cape & Vineyard Electric Cooperative, Inc., or to take any other action
relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
SUMMARY
The town has been working with a consultant, funded through a grant
from the Massachusetts Technology Council, to undertake a feasibility study for
the construction of wind turbines on a variety of town-owned properties. In
addition the town recently joined the Cape & Vineyard Electric Cooperative, Inc.,
which was created to provide a means for the towns to develop wind or solar
electric generation facilities. This article would provide the Board of Selectmen
and/or the Water Commissioners with the authority to enter into lease
agreements for these aforementioned purposes.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
SPECIAL LEGISLATION AMENDMENT / Water Commission
ARTICLE NO. 36: To see if the Town will vote in the following manner:
A. to approve appointing, instead of electing, the members of the Board of
Water Commissioners;
60
60
B. to petition the General Court to enact special legislation as follows:
SECTION 1. Notwithstanding the general provisions of the acts of 1938,
chapter 172, sections 3 and 4 and the special provisions of the acts of 1965,
chapter 552, section 8 or any other act, the board of selectmen of the town
of Brewster shall, after the effective date of this act, appoint the members of
the town's board of water commissioners as the membership terms of the
commissioners expire, and the board of water commissioners shall thereafter
be an appointed board.
SECTION 2. This act shall take effect upon its passage. And to state that the
legislature may vary the form of the requested legislation to achieve its
objective;
C. to amend the Code of the Town of Brewster, Massachusetts, Chapter 5
Administration, Article I Form of Government, Section 5-3. Chief executive
function: Board of Selectmen, Subsection C. Appointment powers, by adding
after "a Personnel Committee," the words "a Board of Water
Commissioners";
D. to amend, in the same Code, Chapter, and Article, Section 5-4 Elected town
officers by repealing Subsection "I. Water Commission of three members;"
and by relettering Subsections J and K as I and J, or if both Article 14 and
the corresponding ballot question are passed, as H and I;
E. to revise in the Code after Chapter 5 the "Organizational Chart, Town of
Brewster, MA" to show the "Water Commission" as a board appointed by the
Board of Selectmen instead of being a board elected by the voters;
F. to make the amendments in C, D, and E of this Warrant Article contingent
upon the passage of the petitioned legislation; or
or to take any other action relative thereto.
(Majority Vote Required) (Water Commission & Board of Selectmen)
SUMMARY
Currently the three-member Water Commission is an elected body that
was created by special legislation in 1965, when the Brewster Water
Department was originally formed. Historically there has been very limited
competition for this position. Based upon this circumstance both the Water
Commission and the Board of Selectmen agreed to co-sponsor this request for
an amendment to the enabling legislation to change this Commission from an
elected to an appointed body.
61
61
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
REPAIR AND RESURFACE TOWN ROADS / Chapter 90 Funds
ARTICLE NO. 37: To see if the Town will vote to transfer from available
funds the sum of TWO HUNDRED FORTY FIVE THOUSAND ONE
HUNDRED SIXTY FOUR AND ($245,164.00) DOLLARS, 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)
SUMMARY
All communities receive an annual proportionate share of gasoline tax
revenues, which are collected and distributed by the Commonwealth of
Massachusetts. These funds must be used to finance repair costs for eligible
roadway construction projects. The town is required to appropriate these
monies as an available fund, and is then reimbursed by the state upon the
completion of the project and payment to the vendor.
BOS: 5-YES; 0-NO; 0-ABSTAINED FCR: 7-YES; 0-NO; 0-ABSTAINED
ANY OTHER BUSINESS
ARTICLE NO. 38: To act on any other business that may legally come before
this meeting.
(Board of Selectmen)
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 6th day of April,
2009.
Peter G. Norton, Chairman Dyanne F. Cooney, Vice-Chairman
James W. Foley, Clerk Edward S. Lewis
Gregory A. Levasseur
62
62
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 4, 2009 by posting attested copies thereof, in the following
locations in the Town on the ____ day of April. 2009.
Brewster Town Offices Brewster Farms
Brewster Ladies Library Brewster Pizza House
The Brewster Store Millstone Liquors
U. S. Post Office.
__________________________
Roland W. Bassett, Constable
63
63
MODERATOR’S RULES REGARDING TOWN MEETING
Priority shall be given to registered voters of the town for admission to all town
meetings, whether annual or special meetings. Therefore, the following rules
shall apply:
1. Prior to admission to the hall, persons desiring admission shall check in with
the Registrars of Voters, who will be present at the main entrance with voter
registration lists.
2. Non-voters, who desire to be present, will be seated in the area designated as
the non-voter section. If voters present need seating, then the non-voters will
have to leave the meeting hall.
3. Non-voters will not address the town meeting without the unanimous consent
of all voters present and will not participate in voting.
TOWN MEETING PROCEDURE
THE MODERATOR has absolute control of the town meeting.
GENERAL LAWS CHAPTER 39 SECTION 15: The Moderator shall preside and
regulate the proceedings, decide all questions of order, and make public
declaration of all votes. The Moderator recognizes speakers from the floor, and
while they are speaking allows no interruptions except when a point of order is
raised.
WHEN A VOTER WISHES TO SPEAK he may rise, say, "Mr. Moderator," and
wait for recognition. Then, with the microphone, please give your name. The
voter may continue with due regard to reasonable brevity, as long as he speaks
directly to the question under discussion.
THERE WILL BE NO SMOKING OR STANDING in the meeting hall.
ANYTIME THE MOTION TO BE VOTED ON IS UNCLEAR, ask the Moderator
before voting.
VOTERS WILL PLEASE HOLD THEIR BREWSTER VOTER TAG in their right
hand, so that the tellers when counting hand votes will count them.
NO PERSON IS TO INDULGE IN PERSONALITIES OR DEROGATORIES.
Let us maintain decorum and reason together.
64
64
MOTIONS
MAIN MOTIONS are always on articles in the town warrant. They are made,
seconded, and then opened for consideration.
SECONDARY MOTIONS are motions which refer to main motions. Secondary
motions usually amend, postpone, or limit consideration.
AMENDMENTS may be offered by any voter to the motion under discussion,
provided the scope of the original motion is not enlarged or altered. Amendments
are seconded and discussed; they require a majority vote to carry (pass). An
amendment need not be voted upon, if the proposed change is agreeable to the
proponents of original motion. Voters must submit amendments in legible writing.
POSTPONE
TO REFER TO COMMITTEE "COMMIT" if changes in a main motion are
numerous, take too much time, or require additional information, it is wise to
commit the article to a committee. This secondary motion should specify which
board or committee. If proposing a new committee, specify how many members,
how appointments are to be made and when the committee should report.
POSTPONE TO A DEFINITE TIME: defers action on a main motion to a stated
hour, usually during the meeting. At the hour specified, it is returned to the floor
when a motion is made that the deferred article be considered.
"LAY ON TABLE" intends to temporarily lay aside an article. Not debatable;
majority vote carries. An article not taken from table before the meeting adjourns
is dead. To be considered at a subsequent meeting, it must reappear in the
warrant for that meeting.
"TAKE NO ACTION" "PASS OVER" "POSTPONE INDEFINITELY" are
debatable motions and require majority vote. The intent is to defeat the motion.
LIMIT CONSIDERATION
LIMIT DEBATE. This secondary motion requests a vote to be taken at a specific
time. Requires a 2/3 majority vote.
"MOVE THE PREVIOUS QUESTION" demands an immediate vote on any
motion under consideration without further debate on the motion. May not be
debated or amended. Requires 2/3 vote to carry. If it carries, we vote on the
main motion that we voted to end the debate on.
65
65
POINT OF ORDER
IF A VOTER QUESTIONS THE LEGALITY or propriety of the proceedings, he
may rise, interrupt the speaker and say, "Mr. Moderator, I rise to a point of order"
or "question of privilege."
VOTES ON MAIN MOTIONS
Usually majority of those attending carries (passes).
EXCEPTIONS:
2/3 MAJORITY VOTE REQUIRED borrowing of money appropriations for land
purchases; land purchase for public domain; sale or abandonment of unneeded
land; abandonment of projects for which money has been borrowed;
appropriation for celebration of settlement or incorporation; zoning bylaws.
4/5 USUALLY REQUIRED payment of a bill for which insufficient appropriations
made in a previous year, at the annual town meeting. A 9/10 vote is required at a
special town meeting.
POSTPONE INDEFINITELY requires a majority vote, may be debated, and may
not interrupt the speaker.
66
66
GLOSSARY OF FINANCIAL TERMS
1. APPROPRIATION – An authorization granted by a legislative body to make
expenditures and to incur obligations for specific purposes. An appropriation is
usually limited in amount and as to the time when it may be expended. Only
town meeting can authorize money appropriated for one purpose to be used for
another. Any amount that is appropriated may be encumbered (see
encumbrance). Any part of an annual operating appropriation not spent or
encumbered by June 30 automatically reverts to the undesignated fund balance
that may result in free cash. If departments know of remaining unpaid bills at the
close of the fiscal year and properly notifies the Town Accountant (MGL Ch. 41 ss.
58), the departmental appropriation is encumbered. This action extends the
annual spending authorization until such time that the bill is paid or it is decided
not to spend the funds. If these encumbrances are not acted on within a year,
the Town Accountant generally notifies the department and closes them out. A
special purpose appropriation, on the other hand, may carry forward from year to
year until spent for the designated purpose or transferred by town meeting vote
to another account.
2. AUDIT – An examination of systems, procedures, and financial data by a
certified public accountant, reporting on the fairness of financial statements and
compliance with statutes and regulations. The audit is a valuable management
tool for evaluating the fiscal performance of a community.
3. AVAILABLE FUNDS – Funds established through previous appropriations or
resulting from financial operations. They may be appropriated to meet
unforeseen expenses, or large non-recurring or capital expenditures. Examples
include free cash, stabilization fund, overlay surplus, water surplus, and enterprise
retained earnings.
4. BETTERMENTS (SPECIAL ASSESSMENTS) – Whenever a limited area of a
community receives benefit from a public improvement (e.g., water, road, sewer,
sidewalk, etc.), special property taxes may be assessed to reimburse the
governmental entity for all or part of the costs it incurred. Each parcel receiving
benefit from the improvement is assessed for a proportionate share of the cost of
such improvements. The proportionate share may be paid in full, or the property
owner may request the assessors to apportion the betterment over a period of up
to 20 years. Over the lifetime of the betterment, one year’s apportionment along
with one year’s committed interest computed from October 1 to October 1 is
added to the tax bill until the betterment has been paid.
5. BOND – A written promise to pay a specified sum of money, called the face
value (par value) or principal amount, at a specified date in the future, called the
maturity date, together with periodic interest at a specified rate. The difference
between a note and a bond is that the latter runs for a longer period of time.
6. BOND ANTICIPATION NOTE (BAN) – A short-term note to provide cash for
initial project costs issued in anticipation of bond proceeds. BANs may be issued
for a period not to exceed five years, provided principal repayment begins after
two years. Communities with approved projects on the School Building Assistance
67
67
(SBA) priority list may defer principal payments up to five years (approved
annually in outside sections of the budget). The final maturity date of the project
borrowing, beginning from the date the short-term note was issued, may not
exceed the term specified by statute. BANs are full faith and credit obligations.
7. BOND AUTHORIZED AND UNISSED – Bond authorized but not yet sold.
Issuance is contingent only on action by the Town Treasurer and a majority of the
Board of Selectmen.
8. BOND COUNSEL – An attorney or law firm engaged to review and submit an
opinion on the legal aspects of a municipal bond or note issue.
9. BOND ISSUE – Generally represents the sale of a certain number of bonds at
one time by a governmental unit.
10. BOND RATING (Municipal) – A credit rating to help investors determine
the risk of losing money in a given fixed-income investment. Agencies specializing
in municipal bonds assign a rating, designated by letters or a combination of
letters and numerals, based on their opinion of the future ability, legal obligation,
and willingness of a bond issuer to make timely debt service payments.
11. BUDGET – A plan of financial operation embodying an estimate of proposed
revenues and expenditures for a given period and the proposed means of
financing them. A budget may be “preliminary” (the financial plan presented to
the town meeting), or “final” (the plan approved by that body). The budget
should be separated into basic units, either by department, program, or service.
Formatting the budget in this way helps local officials and citizens make policy
decisions when allocating scarce resources. It is also important to include as
much information as possible concerning the output or accomplishments expected
of a given program or department during the year.
12. CAPITAL IMPROVEMENTS PROGRAM – A comprehensive plan for
planning a community’s capital expenditures. It coordinates community planning,
fiscal capacity and physical development. While all of the community’s needs
should be identified in the program, there is a set of criteria that prioritizes the
expenditures. The capital program is a plan for capital expenditures that usually
extends at least five years beyond the capital budget.
13. CAPITAL OUTLAY EXPENDITURE EXCLUSION – A vote by a community
at an election to exclude payments for a capital project from the levy limit. The
exclusion is limited to one year and may temporarily increase the levy above the
levy ceiling.
14. CASH – Currency, coin, checks and bankers’ drafts on hand or on deposit
with an official or agent designated as custodian of cash and bank deposits.
15. CASH MANAGEMENT – The process of managing a local government’s
money in order to ensure maximum cash availability and maximum yield on short-
term investment of idle cash.
16. CEMETERY PERPETUAL CARE – Funds donated by individuals for the care
of gravesites. According to MGL, funds from this account must be invested and
spent as directed by perpetual care agreements. If no agreements exist, the
interest (but not principal) may be used as directed by the Cemetery
Commissioners for the purpose of maintaining cemeteries.
68
68
17. CHAPTER 90 HIGHWAY FUNDS – The state legislature authorizes and
issues transportation capital bonds every few years. In each Transportation
Bond, funds are apportioned to communities based upon a formula under the
provisions of MGL Ch. 90 ss. 34, hence the terms Chapter 90 funds. The Chapter
90 highway formula is comprised of three variables: local road mileage as
certified by the Massachusetts Highway Department (MHD), employment figures
from the Department of Employment and Training (DET), and population
estimates from the U. S. Census Bureau. Under this formula, those communities
with a larger number of road miles receive proportionately more aid than those
with fewer road miles. These funds are reimbursed to communities based upon
certified expenditure reports submitted to MHD.
18. CHERRY SHEETS – Named for the cherry colored paper on which they were
originally printed, the Cherry Sheets are the official notification of the next fiscal
year’s state aid and assessments to communities and regional school districts
from the Commissioner of Revenue. State aid to municipalities and regional
school districts consist of two major types – distributions and reimbursement.
Distributions provide funds based on formulas while reimbursements provide
funds for costs incurred during a period for certain programs or services. In
addition, communities may receive “offset items” that must be spent on specific
programs. Cherry Sheet assessments are advance estimates of state assessments
and charges. Local assessors are required to use these figures in setting the local
tax rate. Because these figures are estimates, it should be noted that based upon
filing requirements and/or actual information, the final aid or assessment may
differ.
19. CHERRY SHEET OFFSET ITEMS – Local aid accounts that may be spent
without appropriation in the budget, but which must be spent for specific
municipal and regional school district programs. Current offset items include
racial equality grants, school lunch grants, and public libraries grants.
20. COLLECTIVE BARGAINING – The negotiations between an employer and
union representative regarding wages, hours, and working conditions.
21. CONSERVATION FUND – This fund may be expended for lawful
conservation purposes as described in MGL Ch. 40 ss. 8C. It may also be
expended for damages related to the taking of land by eminent domain provided
that such taking has first been approved by two-thirds vote of town meeting.
22. CONTINGENT APPROPRIATION – An appropriation that authorizes
spending for a particular purpose upon the occurrence of a later event. The grant
of spending authority made by an appropriation must be certain at the time of the
vote and, therefore, contingent appropriations are not generally permissible.
Under MGL Ch. 59 ss. 21C(m), however, towns may make appropriations from the
tax levy, available funds or borrowing, contingent upon the subsequent passage
of a Proposition 2-½ override or exclusion question for the same purpose.
23. DEBT AUTHORIZATION – Formal approval by a two-thirds vote of town
meeting to incur debt, in accordance with procedures stated in MGL Ch. 44.
24. DEBT EXCLUSION – A vote by a municipality at an election to exclude debt
service payments for a particular capital project form the levy limit. The amount
69
69
necessary to cover the annual debt service payment is added to the levy limit for
the life of the debt only. A debt exclusion may temporarily increase the levy
above the levy ceiling.
25. DEBT LIMIT – The maximum amount of debt that a municipality may have
authorized for qualified purposes under state law.
26. DEBT SERVICE – The cost, usually stated in annual terms, of the principal
repayment and interest of any particular issue.
27. DEFICIT – The excess of expenditures over revenues during an accounting
period. Also refers to the excess of the liabilities of a fund over its assets.
28. EDUCATION REFORM ACT OF 1993 – An act that seek to remedy
educational funding inequities between local communities by providing adequate
state funding over a seven year period for all local and regional school districts
and by mandating equity based upon a particular community’s ability to pay. One
of the Act’s major goals is to improve student achievement.
29. EMINENT DOMAIN – The power of a government to take property for
public purposes by condemnation provided that fair compensation is paid to the
owner. This method is frequently used to obtain real property that cannot be
purchased from owners by means of a voluntary transaction.
30. ENCUMBRANCE – Obligations in the form of purchase orders, contracts, or
salary commitments that are chargeable to an appropriation and for which a part
of the appropriations is reserved.
31. ESTIMATED RECEIPTS – An estimate of state and local miscellaneous
receipts based upon the previous year’s receipts that assessors deduct from the
gross amount to be raised in order to arrive at the tax levy.
32. EXCESS AND DEFICIENCY – Also called the “surplus revenue” account,
this is the amount by which cash, accounts receivable, and other assets exceed a
regional school district’s liabilities and reserves as certified by the Director of
Accounts. The calculation is made based upon the balance sheet that is
submitted by the district’s auditor, accountant, or comptroller as of June 30. The
regional school committee must apply certified amounts exceeding five percent of
the district’s prior year operating and capital costs to reduce the assessment on
member cities and towns.
33. EXCESS LEVY CAPACITY – The difference between the levy limit and the
amount of real and personal property taxes actually levied in a given year.
Annually, the Board of Selectmen must be informed of excess levy capacity and
their acknowledgment must be submitted to the Department of Revenue when
setting the tax rate.
34. FISCAL YEAR – Since 1974, the Commonwealth and municipalities have
operated on a budget cycle that begins July 1 and ends June 30. The designation
of the fiscal year is that of the calendar year in which the fiscal year ends. For
example, the 2000 fiscal year is July 1, 1999 to June 30, 2000 and is usually
written as FY2000. Since 1976, the federal government has had a fiscal year that
begins October 1 and ends September 30.
35. FIXED COSTS – Costs that are legally or contractually mandated such as
retirement, FICA/Social Security, insurance, debt service or interest costs.
70
70
36. FOUNDATION BUDGET – The target imposed by the Education Reform Act
of 1993 for each school district, defining the spending level necessary to provide
an adequate education for all students.
37. FREE CASH – Unrestricted funds from operations of the previous fiscal year
that are certified by the Director of Accounts as available for appropriation.
Remaining funds include unexpended free cash from the previous year, receipts in
excess of estimates shown on the tax recapitulation sheet, and unspent amounts
in budget line-items. Unpaid property taxes and certain deficits reduce the
amount that can be certified as free cash. The calculation of free cash is based
upon the balance sheet as of June 30, which is submitted by the Town
Accountant. A community should maintain a free cash balance to provide a hedge
against unforeseen expenditures and to ensure there will be an adequate reserve
to prevent sharp fluctuations in the tax rate. Maintenance of an adequate free
cash level is not a luxury but a necessary component of sound local fiscal
management. Credit rating agencies and other members of the financial
community expect municipalities to maintain free cash reserves and make
judgments regarding a community’s fiscal stability, in part, on the basis of free
cash.
38. FUND – An accounting entity with a self balancing set of accounts that are
segregated for the purpose of carrying on specific activities or attaining certain
objectives in accordance with specific regulations, restrictions, or limitations.
39. FUND ACCOUNTING – Organizing the financial records of a municipality
into multiple funds. A fund is a distinct entity within the municipal government in
which financial resources and activity (assets, liabilities, fund balances, revenues
and expenditures) are accounted for independently in accordance with specific
regulations, restrictions and limitations. Examples of funds include the general
fund and enterprise funds.
40. GENERAL FUND – The fund used to account for most financial resources
and activities governed by the normal town meeting appropriation process.
41. GENERAL OBLIGATION BONDS – Bonds issued by a municipality that are
backed by the full faith and credit of its taxing authority.
42. HOTEL/MOTEL EXCISE – A local option since 1985 that allows a
community to assess a tax on room occupancy. The community may levy up to
4% of the taxable rents of hotels, motels and lodging houses in that community.
43. INDIRECT COST – Costs of a service not reflected in the service’s operating
budget. An example of an indirect cost of providing water service would be
health insurance costs for water department employees. A determination of these
costs is necessary to analyze the total cost of service delivery.
44. INTEREST – Compensation paid or to be paid for the use of money,
including amounts payable at periodic intervals or discounted at the time a loan is
made.
45. INTEREST RATE – The interest payable, expressed as a percentage of the
principal available, for use during a specified period of time. It is always
expressed in annual terms.
71
71
46. LAW ENFORCEMENT TRUST FUND – A revolving fund established to
account for a portion of the proceeds from the sale of property seized from illegal
drug-related activities. Funds may be expended to defray certain qualified law
enforcement costs as outlined in MGL Ch. 94C ss. 47. Funds from this account
may be expended by the Police Chief without further appropriation.
47. LEVY – The amount a community raises through the property tax. The levy
can be any amount up to the levy limit.
48. LEVY CEILING – The maximum levy assessed on real and personal property
may not exceed 2 ½ percent of the total full and fair cash value of all taxable
property (MGL Ch. 59 ss. 21C). Property taxes levied may exceed this limit only if
the community passes a capital exclusion, a debt exclusion, or a special exclusion.
49. LEVY LIMIT – The maximum amount a community can levy in a given year.
The limit can grow each year by 2 ½ percent of the prior year’s levy limit plus
new growth and any overrides. The levy limit can exceed the levy ceiling only if
the community passes a capital expenditure exclusion, debt exclusion, or special
exclusion.
50. LINE-ITEM BUDGET – A budget that focuses on inputs of categories of
spending, such as supplies, equipment, maintenance, or salaries, as opposed to a
program budget.
51. LOCAL AID – Revenue allocated by the commonwealth to cities, towns, and
regional school districts. Estimates of local aid are transmitted to cities, towns,
and districts annually by the “Cherry Sheets”. Most Cherry Sheet aid programs
are considered revenues of the municipality’s or regional school districts’ general
fund and may be spent for any purpose, subject to appropriation.
52. LOCAL RECEIPTS – Locally generated revenues, other than real and
personal property taxes and enterprise fund revenues. Examples include motor
vehicle excise, investment income, hotel/motel tax, fees, rentals, and charges.
Annual estimates of local receipts are shown on the tax rate recapitulation sheet.
53. MOTOR VEHICLE EXCISE (MVE) – Every motor vehicle and trailer
registered in the Commonwealth is subject to the MVE unless expressly
exempted. MVE is imposed for the privilege of registering a motor vehicle.
Registering a motor vehicle automatically triggers the assessment of the excise.
54. MUNICIPAL(S) – Municipal refers to any state or subordinate governmental
unit. “Municipals” (i.e., municipal bonds) include not only the bonds of all local
subdivisions, such as cities, towns, school districts, special districts, but also
bonds of the state and agencies of the state.
55. MUNICIPAL REVENUE GROWTH FACTOR (MRGF) – An estimate of the
percentage change in a municipality’s revenue growth for a fiscal year. It
represents the combined percentage increase in the following revenue
components; automatic 2 ½ percent increase in the levy limit, estimated new
growth, the change in selected unrestricted state aid categories, and the change
in selected unrestricted local receipts (Education Reform Act of 1993).
56. NET SCHOOL SPENDING (NSS) – School budget and municipal budget
amounts attributable to education, excluding long-term debt service, student
transportation, school lunches and certain other specified school expenditures. A
72
72
community’s NSS funding must equal or exceed the NSS Requirement established
annually by the Department of Education (DOE) (Education Reform Act of 1993).
57. NEW GROWTH – The taxing capacity added by new construction and other
increases in the property tax base. New growth is calculated by multiplying all
increases in value which are not the result of revaluation by the tax rate of the
previous fiscal year. for example, FY2000 new growth is determined by
multiplying the value on January 1, 1999 by the FY1999 tax rate. Assessors must
submit documentation of new growth to the BLA annually before setting the tax
rate. Documentation should be retained for five years in the event of a BLA audit.
58. OPERATING BUDGET – A plan of proposed expenditures for personnel,
supplies, and other expenses for the coming fiscal year.
59. OVERLAY – (Overlay Reserve or Allowance for Abatements and Exemptions).
An account established annually to fund anticipated property tax abatements,
exemptions and uncollected taxes in that year. The overlay reserve is not
established by the normal appropriation process, but rather is raised on the tax
rate recapitulation sheet.
60. OVERLAY DEFICIT – A deficit that occurs when the amount of overlay
raised in a given year is insufficient to cover abatements, statutory exemptions,
and uncollected taxes for that year. Overlay deficits must be provided for in the
next fiscal year.
61. OVERLAY SURPLUS – Any balance in the overlay account of a given year in
excess of the amount remaining to be collected or abated can be transferred into
this account. Within ten days of a written request by the chief executive officer of
a city or town, the Board of Assessors must provide a certification of the excess
amount of overlay available to transfer. Overlay surplus may be appropriated for
any lawful purpose. At the end of each fiscal year, unused overlay surplus is
“closed” to surplus revenue; in other words, it becomes a part of free cash.
62. OVERRIDE – A vote by a community at an election to permanently increase
the levy limit. An override vote may increase the levy limit no higher than the
levy ceiling. The override question on the election ballot must state a purpose for
the override and the dollar amount).
63. OVERRIDE CAPACITY – The difference between a community’s levy ceiling
and its levy limit. It is the maximum amount by which a community may override
its levy limit.
64. PAYMENTS IN LIEU OF TAXES – An agreement between a municipality
and an entity not subject to taxation, such as charitable or educational
organizations, in which the payer agrees to make a voluntary payment to the
municipality. By law, a city or town must make such payment to any other
community in which it owns land used for public purposes.
65. RECEIPTS RESERVED – Proceeds that are earmarked by law and placed in
separate accounts for appropriation for particular purposes. For example, parking
meter proceeds may be appropriated to offset certain expenses for parking
meters and the regulation of parking and other traffic activities.
66. RESERVE FUND – An amount set aside annually within the budget of a city
(not to exceed 3% of the tax levy for the preceding year) or town (not to exceed
73
73
5% of the tax levy for the preceding year) to provide a funding source for
extraordinary or unforeseen expenditures. In a town, the Finance Committee can
authorize transfers from this fund for “extraordinary or unforeseen” expenditures.
Other uses of the fund require budgetary transfers by town meeting.
67. REVENUE ANTICIPATION BORROWING – Cities, towns and districts may
issue temporary notes in anticipation of taxes (TAN’s) or other revenue (RAN’s).
The amount of this type of borrowing is limited to the total of the prior year’s tax
levy, the net amount collected in motor vehicle and trailer excise in the prior year
and payments made by the Commonwealth in lieu of taxes in the prior year.
According to MGL Ch. 44 ss. 4, cities, towns and districts may borrow for up to
one year in anticipation of such revenue.
68. REVENUE ANTICIPATION NOTE (RAN) – A short-term loan issued to be
paid off by revenues, such as tax collections and state aid. RANs are full faith and
credit obligations.
69. REVENUE BOND – A bond payable from and secured solely by specific
revenues and thereby not a full faith and credit obligation.
70. REVOLVING FUND – Allows a community to raise revenues from a specific
service and use those revenues without appropriation to support the service. For
departmental revolving funds, MGL Ch 44 ss. 52E ½ stipulates that each fund
must be re-authorized each year at annual town meeting action, and that a limit
on the total amount that may be spent form each fund must be established at
that time. The aggregate of all revolving funds may not exceed ten percent of
the amount raised by taxation by the town in the most recent fiscal year, and not
more than one percent of the amount raised by taxation may be administered by
a single fund. Wages and salaries for full-time employees may be paid from the
revolving fund only if the fund is also charged for all associated fringe benefits.
Revolving funds for other programs as provided by statute are still allowed, and a
departmental revolving fund may be implemented in addition to or in conjunction
with other existing statutory revolving funds, provided that the departmental
revolving fund does not conflict with provisions of other revolving funds.
71. SALE OF CEMETERY LOTS FUND – A fund established to account for
proceeds of the sale of cemetery lots. The proceeds may only be appropriated to
pay for the cost of the land, its care and improvement or the enlargement of the
cemetery under provisions of MGL Ch. 144 ss. 15.
72. STABILIZATION FUND – A fund designed to accumulate amounts for
capital and other future spending purposes, although it may be appropriated for
any lawful purpose. Communities may appropriate into this fund in any year an
amount not to exceed ten percent of the prior year’s tax levy or a larger amount
with the approval of the Emergency Finance Board. the aggregate of the
stabilization fund shall not exceed ten percent of the community’s equalized value,
and any interest shall be added to and become a part of the fund. A two-thirds
vote of town meeting is required to appropriate money from the Stabilization
Fund.
73. STATE AID ANTICIPATION NOTE (SAAN) – A short-term loan issued in
anticipation of a state grant or aid (MGL Ch. 44 ss. 6A).
74
74
74. STATE HOUSE NOTES – Debt instruments for cities, towns, counties and
districts certified by the Director of Accounts. State House Notes, payable
annually, are usually limited to maturities of five years. The notes are generally
less costly and easier to issue than conventional issues for borrowing. They are
commonly used for temporary loans and smaller long-term issues.
75. TAX RATE – The amount of property tax stated in terms of a unit of the
municipal tax base; for example, $14.80 per $1,000 of assessed valuation of
taxable real and personal property.
76. TAX RATE RECAPITULATION SHEET (also Recap Sheet) – A document
submitted by a city or town to the Department of Revenue in order to set a
property tax rate. The recap sheet shows all estimated revenues and actual
appropriations that affect the property tax rate. The recap sheet should be
submitted to the Department of Revenue by September 1 (in order to issue the
first-half semiannual property tax bills before October) or by December 1 (in order
to issue the third quarterly property tax bills before January 1).
77. TRIENNIAL CERTIFICATION – The Commissioner of Revenue is required
to review local assessments every three years and to certify that they represent
FFCV. The Bureau of Local Assessments is responsible for this process.
78. TRUST FUND – In general, a fund held for the specific purpose stipulated by
a trust agreement. The Town Treasurer acts as a custodian of trust funds and
invests and expends such funds as stipulated by trust agreements or as directed
by the Commissioners of Trust Funds or by town meeting. Both principal and
interest may be used if the trust is established as an expendable trust. For non-
expendable trust funds, interest but not principal may be expended as directed.
79. UNDERRIDE – A vote by a community to permanently decrease the tax levy
limit. As such, it is the exact opposite of an override.
80. UNFUNDED PENSION LIABILITY – Unfunded pension liability is the
difference between the value assigned to the retirement benefits already earned
by a municipality’s employees and the assets the local retirement system will have
on hand to meet these obligations. The dollar value of the unfunded pension
liability is driven by assumptions about interest rates at which a retirement
system’s assets will grow and the rate of future costs of living increases to
pensioners.
81. UNIFORM MUNICIPAL ACCOUNTING SYSTEM (UMAS) – The
Department of Revenue regards UMAS as the professional standard for municipal
account system that conforms to Generally Accepted Accounting Principles
modern municipal accounting in Massachusetts. Among the benefits of
conversion to UMAS is increased consistency in reporting and record keeping and
enhanced comparability of data among cities and towns.
82. UNRESERVED FUND BALANCE (Surplus Revenue Account) – The
amount by which cash, accounts receivable, and other assets exceed liabilities
and restricted reserves. It is akin to a “stockholders’ equity” account on a
corporate balance sheet. It is not, however, available for appropriation in full
because a portion of the assets listed as “accounts receivable” may be taxes
receivable and uncollected.
75
75
83. WARRANT – An authorization for an action. For example, a town meeting
warrant establishes the matters that may be acted upon by that town meeting. A
treasury warrant authorizes the treasurer to pay specific bills. The assessors’
warrant authorizes the tax collector to collect taxes in the amount and from the
persons listed, respectively.
84. WATER SURPLUS – For water departments operating under MGL Ch. 41 ss.
69B, any revenues in excess of estimated water receipts or unspent water
appropriations closeout to a water surplus account. Water surplus may be
appropriated to fund water-related general and capital expenses or to reduce
water rates.
85. WATER IMPROVEMENT FUND – An account into which fifty percent of the
proceeds of the boat excise is deposited. Use of these proceeds is limited to
certain waterway expenses as outlined in MGL Ch. 40 ss. 5G.