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HomeMy Public PortalAbout2008-05-05-Annual Town Mtg ReportReport of the ANNUAL TOWN MEETING May 5th, 2008 In accordance with the Warrant, the Annual Town Meeting was held in the Stony Brook Cafetorium, Monday, May 5th, 2008. The meeting was called to order at 7:00p.m. by the Moderator, Stephen L. Doyle. The tellers were David Lahive, David Quinn, Sheila Gerhardt, and Patricia Galante. The checkers were Elizabeth Hardy, June Gallant, Nancy Berbrick, Janet Norton, Ken Berbrick, Colette Williams, Maureen Steinnman, and Joanne Hush. Gennaro Tursi, Chairman of the Board of Registrars was present. A quorum was present. The Town Clerk, Mildred A. Unger, read the Annual Town Meeting Warrant and the return of the Warrant. There being no objection, the Moderator dispensed with the reading of the articles. CAPE COD VOCATIONAL TECHNICAL SCHOOL OPERATING BUDGET ARTICLE NO. 1: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray Cape Cod Vocational Technical High School charges and expenses for the Fiscal Year ending June 30, 2009, as follows: Expended Appropriated Requested Item Department FY2007 FY2008 FY2009 1. Cape Cod Tech. Assessment $717,052.00 $730,374.00 $680,958.00 Total Assessment $717,052.00 $730,374.00 $680,958.00 or to take any other action relative thereto. (Majority Vote Required) (Cape Cod Technical School Committee) MOTION: I move that the town vote to approve article no. 1 as printed in the warrant and to raise and appropriate the sum of $680,958.00 for this purpose. ACTION: ADOPTED 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, 2009, as follows: Expended Appropriated Requested Item Department _ FY2007 FY2008 FY2009___ 1. Elementary School Budget $5,074,310.40 $5,531,389.00 $5,650,113.00 Total School Budget $5,074,310.40 $5,531,389.00 $5,650,113.00 or to take any other action relative thereto. (Majority Vote Required) (Elementary School Committee) MOTION: I move that the town vote to approve article no. 2 as printed in the warrant and to raise and appropriate the sum of $5,650,113.00 for this purpose. ACTION: ADOPTED UNANIMOUSLY TOWN OPERATING BUDGET ARTICLE NO. 3: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray town charges and expenses, and furthermore, to fix the salary and compensation of all elected officials of the town as provided in Section No. 108 of Chapter 41 of the General Laws, as amended, for the Fiscal Year ending June 30, 2009, as follows: EXPENDED APPROPRIATED REQUESTED item DEPARTMENT FY 2007 FY 2008 FY 2009 1 MODERATOR WAGES $300.00 $300.00 $300.00 2 SELECTMEN'S WAGES $4,250.00 $5,250.00 $5,250.00 STAFF WAGES $47,759.64 $50,350.00 $52,584.00 EDUCATIONAL REIMB $900.00 $900.00 $900.00 EXPENSES $26,783.52 $28,150.00 $27,900.00 ADMINISTRATOR WAGES $228,531.84 $244,165.00 $260,275.00 EXPENSES $6,609.00 $8,650.00 $8,900.00 LEGAL EXPENSES $98,657.23 $125,000.00 $115,000.00 TOWN REPORT EXPENSES $0.00 $7,500.00 $7,500.00 3 FINCOM EXPENSES $1,100.00 $2,000.00 $2,000.00 RESERVE FUND $83,906.00 $85,000.00 $85,000.00 4 ACCOUNTANT WAGES $123,983.60 $130,391.00 $136,192.00 AUDIT OF ACCOUNTS $20,700.00 $25,500.00 $25,500.00 EXPENSES $2,782.07 $4,300.00 $4,300.00 ASSESSOR WAGES $121,980.14 $131,198.00 $138,048.00 EXPENSES $5,452.84 $13,610.00 $18,545.00 TREAS/COLL WAGES $194,933.80 $192,628.00 $197,758.00 EXPENSES $19,112.20 $25,650.00 $27,100.00 INFORMATION TECHNOLOGY WAGES $63,519.80 $67,133.00 $70,664.00 EXPENSES $41,220.57 $45,728.00 $49,000.00 DEBT SERVICE $2,586,236.28 $2,809,240.00 $3,186,367.00 FRINGE BENEFITS $2,094,601.49 $2,211,172.00 $2,511,024.00 RETIREMENT/PENSION $966,274.29 $1,035,649.00 $1,093,179.00 5 TOWN CLERK'S WAGES $55,353.92 $59,496.00 $61,740.00 CLERK STAFF WAGES $53,298.76 $55,690.00 $62,147.00 EXPENSES $21,143.21 $19,455.00 $22,475.00 6 TOWN HALL MAINT WAGES $71,600.46 $77,854.00 $82,395.00 EXPENSES $24,057.23 $19,350.00 $20,048.00 COA BLDG EXPENSES $7,540.00 $7,700.00 $7,700.00 DRUMMER BOY EXPENSES $318.24 $350.00 $800.00 7 CONSTABLE $250.00 $250.00 $250.00 POLICE WAGES $1,520,691.21 $1,653,141.00 $1,781,292.00 EXPENSES $139,400.00 $139,525.00 $130,325.00 8 FIRE/RESCUE WAGES $1,215,862.06 $1,302,791.00 $1,363,073.00 EXPENSES $92,137.52 $94,300.00 $106,300.00 RESCUE EXPENSES $73,541.36 $77,000.00 $83,000.00 STATION EXPENSES $30,894.85 $27,500.00 $32,200.00 9 PLANNING WAGES $30,654.40 $22,186.00 $23,308.00 PLANNING/APPEALS EXPENSES $1,655.53 $1,200.00 $2,200.00 10 BLDG INSPECTOR/HDC WAGES $283,345.56 $288,096.00 $289,363.00 BUILDING/HDC EXPENSES $6,256.69 $6,300.00 $6,300.00 11 NATURAL RESOURCES AND CONSERVATION WAGES $155,972.74 $168,026.00 $178,277.00 EXPENSES $28,998.24 $26,250.00 $26,600.00 PROPAGATION $5,669.30 $6,000.00 $6,000.00 12 BOARD OF HEALTH WAGES $142,632.19 $149,821.00 $156,028.00 VISITING NURSE ASSOC. $16,675.00 $18,000.00 $18,860.00 EXPENSES $3,399.06 $4,700.00 $4,700.00 13 DPW WAGES $700,347.84 $736,915.00 $770,104.00 ROAD MACHINERY $31,124.43 $33,075.00 $35,800.00 SNOW & ICE CONTROL $35,017.69 $85,000.00 $85,000.00 EXPENSES $180,514.24 $201,021.00 $209,548.00 SOLID WASTE DISPOSAL $298,429.00 $321,587.00 $323,832.00 STREETLIGHTING $9,035.18 $9,800.00 $9,800.00 EXPENDED APPROPRIATED REQUESTED item DEPARTMENT FY 2007 FY 2008 FY 2009 14 WATER COMM. WAGES $2,200.00 $2,200.00 $2,200.00 WATER STAFF WAGES $582,722.68 $621,670.00 $649,637.00 OPERATING EXPENSES $235,792.11 $316,605.00 $344,459.00 EQUIPMENT EXPENSES $7,358.46 $9,682.00 $11,850.00 15 GOLF DEPT WAGES $1,077,228.49 $1,149,037.00 $1,160,831.00 EXPENSES $754,575.11 $788,010.00 $839,146.00 16 RECREATION WAGES $93,940.69 $91,708.00 $97,151.00 EXPENSES $17,492.40 $20,609.00 $20,824.00 17 COUNCIL ON AGING WAGES $145,276.85 $160,896.00 $168,269.00 EXPENSES $11,705.99 $11,492.00 $12,482.00 18 LADIES LIBRARY $458,806.00 $477,398.00 $499,544.00 19 ALEWIVE COMM. WAGES $4,150.00 $4,150.00 $4,500.00 EXPENSES $849.50 $850.00 $900.00 OLD MILL SITE COMM. $2,959.46 $3,720.00 $3,500.00 20 UTILITIES $413,743.35 $425,401.00 $476,283.00 LIABILITY INSURANCE $363,756.00 $377,957.00 $332,843.00 21 ASSESSMENTS $25,202.98 $26,874.00 $40,300.00 MEMORIAL/VETERANS DAY EXP. $1,400.00 $1,500.00 $1,500.00 VETERANS SERVICES $15,127.85 $20,000.00 $16,000.00 GRAND TOTAL $16,189,698.14 $17,371,602.00 $18,604,970.00 or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 3 as printed in the warrant but that: 1. line item no. 2 (Selectmen’s Expenses) be amended from the sum of $27,900.00 to $27,340.00, 2. line item no. 2 (Administrator’s Expenses) be amended from the sum of $8,900.00 to $8,400.00, 3. line item no. 2 (Legal Expenses) be amended from the sum of $115,000.00 to $112,000.00, 4. line item no. 4 (Accountant’s Expenses) be amended from the sum of $4,300.00 to $3,605.00, 5. line item no. 4 (Assessor’s Expenses) be amended from the sum of $18,545.00 to $18,045.00, 6. line item no. 4 (Treasurer’s Collector Wages) be amended from the sum of $197,758.00 to $197,558.00, 7. line item no. 4 (Treasurer’s Collector Expenses) be amended from the sum of $27,100.00 to $26,600.00, 8. line item no. 4 (Information Technology’s Expenses) be amended from the sum of $49,000.00 to $50,000.00, 9. line item no. 6 (Town Hall Maintenance Expenses) be amended from the sum of $20,048.00 to $19,548.00, line item no. 6 (COA Building’s Expenses) be amended from the sum of $7,700.00 to $7,200.00, 10. line item no. 7 (Police Department Expenses) be amended from the sum of $130,325.00 to $129,325.00, 11. line item no. 8 (Fire/Rescue Wages) be amended from the sum of $1,363,073.00 to $1,359,673.00, line item no. 9 (Planning Wages) be amended from the sum of $23,308.00 to $25,308.00, 12. line item no. 10 (Building Inspector/HDC Wages) sumof$289,363.00 to $287,363.00, 13. line item no. 11 (Natural Resources and Conservation Expenses) be amended from the sum of $26,600.00 to $25,600.00, 14. line item no. 12 (Visiting Nurse Association Expenses) be amended from the sum of $18,860.00 to $18,360.00, 15. line item no. 12 (Board of Health Expenses) be amended from the sum of $4,700.00 to $4,500.00, 16. line item no. 13 (Department of Public Works Expenses) be amended from the sum of $209,548.00 to $206,148.00, 17. line item no. 15 (Golf Department Expenses) be amended from the sum of $839,146.00 to $834,531.00, 18. line item no. 16 (Recreation Expenses) be amended from the sum of $20,824.00 to $19,644.00, 19. line item no. 17 (Council on Aging Wages) be amended from the sum of $168,269.00 to $167,519.00, 20. line item no. 17 (Council on Aging Expenses) be amended from the sum of $12,482.00 to $11,982.00, 21. line item no. 20 (Liability Insurance Expenses) be amended from the sum of $332,843.00 to $331,343.00, and 22. line item no. 21 (Veteran’s Service Expenses) be amended from the sum of $16,000.00 to $14,000.00, and therefore to amend the grand total from the sum of $18,604,970.00 to $18,578,970.00; and in order to appropriate this amended total sum of $18,578,970.00 that the town raise and appropriate the sum of $16,620,643.00, and transfer the sums of: • $50,000.00 from Free Cash, • $247,011.00 from the Road Betterment Fund, • $175,000.00 from the Overlay Surplus account, • $364,565.00 from the Golf Cart Receipts Reserved for Appropriation account, • $125,000.00 from the Pension Reserve account, • $333,968.00 from the Community Preservation fund for open space debt payments, • $60,000.00 from the Tele-communications account, and • $259,508.00 from the Water Revenues account, • $343,275.00 from the Ambulance Receipts Reserved for Appropriation account. ACTION: ADOPTED UNANIMOUSLY 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, 2009, as follows: Expended Appropriated Requested Item Department FY2007 FY2008 FY2009__ 1. School Assessment $8,312,566.94 $8,112,718.00 $8,499,798.00 2. Capital Plan Assessment ______$0.00 $222,632.00 $224,558.00 Grand Total $8,312,266.94 $8,335,350.00 $8,724,356.00 or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) MOTION: I move that the town vote to approve article no. 4 as printed in the warrant, but that line item no. 1 be amended from the sum of $8,499,798.00 to the sum of $8,464,084.00 and to raise and appropriate the total amended sum of $8,688,642.00 for this purpose. ACTION: ADOPTED ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS ARTICLE NO. 5: To see if the Town will vote to accept the provisions of Massachusetts General Laws, Chapter 71, Section 16B, which would allocate the sum of the member towns’ contributions to the Nauset Regional School District in Fiscal Year 2010 in accordance with the Regional Agreement rather than the Education Reform Formula, so-called, or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) MOTION: I move that the town vote to approve article no. 5 as printed in the warrant. ACTION: ADOPTED 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 the Community Preservation Fund to spend during Fiscal Year 2009 or to hold for future expenditure the following sums from the fund’s Fiscal Year 2009 revenues; 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. Reserve Funds. To hold in reserve for the purpose of Historic Preservation the sum of $100,308.00 Dollars from the Fund’s Fiscal Year 2009 revenues for future expenditure; 2. Community Housing: a. Brewster Housing Authority: Architectural and Permitting Preparation $ 50,000.00 b. Reserve Funds. To hold in reserve for the purpose of Community Housing the sum of $50,308.00 Dollars from the Fund’s Fiscal Year 2009 revenues for future expenditure; 3. Open Space: a. Reserve Funds. To hold in reserve for the purpose of acquiring Open Space the sum of $167,574.00 Dollars from the Fund’s Fiscal Year 2009 revenues for future expenditure; 4. Reserve Funds: a. Cape Cod Repertory Theatre Company, Inc. Restoration of Crosby Cape House $200,000.00 b. Reserve Funds. To hold, pursuant to the provisions of Section 17-4 of the Brewster Community Preservation Committee Bylaw, in reserve for the purpose of Historic Preservation, Community Housing and Recreation the sum of $100,925.00 Dollars from the Fund’s Fiscal Year 2009 revenues for future expenditure; 5. Administration and Operating Expenses: a. Administration and Operating Expenses. To appropriate the sum of $52,794.00 Dollars from the Fund’s Fiscal Year 2009 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 $721,909.00 or to take any other action relative thereto. (Majority Vote Required) (Community Preservation Committee) MOTION: I move that the town vote to approve article no. 6 as printed in the warrant and to appropriate the sum of $721,909.00 from the Community Preservation Fund for these purposes. ACTION: ADOPTED UNANIMOUSLY HUMAN SERVICES FUNDING ARTICLE NO. 7: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of FIFTY-FIVE THOUSAND AND FORTY-SEVEN AND 00/100 ($55,047.00) 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 $5,502.00 6. South Coastal Counties Legal Services, Inc. $4,200.00 7. Lower Cape Outreach Council, Inc. $7,300.00 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 $2,000.00 GRAND TOTAL $55,047.00 and to authorize the Board of Selectmen, the Board of Health, and the School Committee, as appropriate, to enter into contracts with these organizations in order to provide desired social services for residents of Brewster, or to take any other action relative thereto. (Majority Vote Required) (Human Services Committee) MOTION: I move that the town vote to approve article no. 7 as printed in the warrant and to transfer the sum of $55,047.00 from Free Cash for these purposes. ACTION: ADOPTED UNANIMOUSLY FUNDING FOR THE JUICE BAR PROGRAM ARTICLE NO. 8: To see if the Town will vote to raise and appropriate and/or transfer form available funds the sum of FIVE THOUSAND AND 00/100 ($5,000.00) DOLLARS to finance operational costs relative to the operation of the Juice Bar for Brewster students from the Nauset Regional School District, the Juice Bar is a substance free alternative for teens of the Nauset region located in Orleans, and is operated and managed by the Nauset Together We Can Prevention Council, Inc., a non-profit organization and to authorize the Board of Selectmen to enter into a contract and expend such funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Citizens Petition) MOTION: I move that the town vote to approve article no. 8 as printed in the warrant and to transfer the sum of $5,000.00 from article no. 9, item 10 (Human Services Funding / Nauset Together We Can) of the 2007 Annual Town Meeting for this purpose. ACTION: ADOPTED UNANIMOUSLY LOCAL BUSINESS ORGANIZATION FUNDING ARTICLE NO. 9: To see if the Town will vote to raise and appropriate, and/or transfer from available funds, the sum of TWENTY-FOUR THOUSAND FIVE HUNDRED AND 00/100 ($24,500.00) DOLLARS, to be expended under the direction of the Board of Selectmen to help defray costs associated with the annual publication and distribution of the Brewster Book and Beach Map Guide, as well as the monthly publication of Brewster advertising and website, which advertises the Town’s attractions, amenities, and services; to provide funds for the operation of the Brewster Visitor Information Center; and, under a contract with and at the direction of the Board of Selectmen, to enable the Chamber of Commerce and Board of Trade United to appropriately advertise Brewster in order to increase room tax and beach pass revenue for the town, promote the Town’s golf course, or to take any other action relative thereto. (Majority Vote Required) (Citizens’ Petition) MOTION: I move that the town vote to approve article no. 9 as printed in the warrant and to transfer the sum of $24,500.00 from Free Cash for this purpose. ACTION: ADOPTED UNANIMOUSLY BREWSTER TOWN BAND / FUNDING REQUEST ARTICLE NO. 10: To see if the Town will vote to authorize the Board of Selectmen to enter into a contract with the Brewster Town Band in order to obtain instrumental performances for the town and to 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) MOTION: I move that the town vote to approve article no. 10 as printed in the warrant and to transfer the sum of $2,000.00 from Free Cash for this purpose. ACTION: ADOPTED UNANIMOUSLY BAYSIDE SKIPPERS / FUNDING REQUEST ARTICLE NO. 11: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of FOUR THOUSAND FIVE HUNDRED AND 00/100 ($4,500.00) DOLLARS to pay for public performances of team skipping, and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, accept gifts and expend said funds for this purpose or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 11 as printed in the warrant and to transfer the sum of $4,500.00 from Free Cash for this purpose. ACTION: ADOPTED CROSBY MANSION REVOLVING FUND ARTICLE NO. 12: To see if the Town will vote to reauthorize the Crosby Mansion Revolving fund for the 2009 fiscal year, to credit the fund with the fees and charges received from the Crosby Mansion and cottages during that year, to authorize the Crosby Property Committee to administer the fund and to expend from it the sums needed to pay for the salaries, expenses, and contracted services required to operate the mansion and cottages, and to limit during that fiscal year the total expenditures from the fund to the lesser of $100,000.00 or the balance in the fund, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 12 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY 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 2009 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. Drummer Boy Gift Shop Building Roofing Project $9,000.00 b. Waste Water Planning Professional/Consulting Services $125,000.00 c. COA Medical Transportation Van Replacement Expense $38,000.00 d. Town Offices Building Automatic Door System Expense $6,500.00 2. Fire Department: a. CO Meter Equipment Expense $ 5,000.00 b. Protective Clothing Equipment Expense $30,000.00 c. Hose Replacement Expense $20,000.00 d. Rescue Services Expense $10,000.00 e. Rescue Equipment Expense $ 7,500.00 f. Hazardous Materials Supplies Expense $ 2,500.00 3. Department of Public Works: a. Gas Monitoring Wells Installation Project $30,000.00 b. Engineering Expense for Solid Waste Program $25,000.00 c. Cemetery Landscaping Plan Expense $4,000.00 d. Cemetery Engineering / Records Update $4,000.00 e. Solid Waste Yard Tractor Repair $6,000.00 f. Solid Waste Trailer Replacement Supplemental Expense $10,000.00 4. Golf Department: a. Spray Rig Equipment Replacement (3 units) $141,000.00 b. Triplex mower Replacement (2 units) $70,000.00 5. Police Department: a. Patrol Vehicles Replacement $44,000.00 6. Elementary School Department: a. Bleacher Replacement Project $42,000.00 7. Water Department: a. Water Standpipe Cleaning Project $20,000.00 b. Well-field Gate Replacement Project $6,000.00 c. Trench Safety Equipment Upgrades $8,000.00 ____________ Grand-total $663,500.00 or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 13 as printed in the warrant, and to appropriate the total sum of $663,500.00, and in order to appropriate this sum that the town transfer the sums of: • $211,000.00 from the Golf Cart Receipts Reserved for Appropriation account, • $325,500.00 from Free Cash, • $10,000.00 from the Council on Aging Gift account, • $75,000.00 from the Ambulance Receipts Reserved for Appropriation account • $34,000.00 from the Water Revenue account, and, • $8,000.00 from the Sale of Cemetery Lots account for these purposes. ACTION: ADOPTED FIRE DEPARTMENT ENGINE REPLACEMENT PROJECT ARTICLE NO. 14: To see if the Town will vote to raise and appropriate, transfer from available funds or borrow the sum of FOUR HUNDRED-FIFTY THOUSAND AND 00/100 ($450,000.00) DOLLARS to pay all costs associated with acquiring and equipping a replacement Fire Engine for the use of the Fire Department, 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) (Fire Chief) MOTION: I move that the town vote to approve article no. 14 as printed in the warrant but to transfer the sum of $50,000.00 from the Ambulance Receipts Reserved for Appropriation account for this purpose. ACTION: ADOPTED UNANIMOUSLY PROPERTY VALUATION SERVICES ARTICLE NO. 15: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of THIRTY THOUSAND AND 00/100 ($30,000.00) DOLLARS for the purposes of performing the interim year update services of real property and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts and expend said funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Assessors) MOTION: I move that the town vote to approve article no. 15 as printed in the warrant and to transfer the sum of $30,000.00 from Overlay Surplus for this purpose. ACTION: ADOPTED UNANIMOUSLY CREATION AND FUNDING / Planning Department ARTICLE NO. 16: To see if the Town will vote to amend the Code of the Town of Brewster by repealing the current Chapter 5, Article V, Section 5-9 and by adding in its place the following: There shall be established a Planning Department consisting of a Town Planner and an Assistant Town Planner. The Planning Department shall be charged with responsibility for the management of the planning functions of the Town as defined by the Board of Selectmen with input from the various Town Boards, Committees, Commissions and Town Officials. The Planning Department shall work under the administrative and management direction of the Town Administrator. The Planning Department shall also perform such functions and responsibilities as required by bylaw, special act, general laws or vote of the Town. and furthermore, to raise and appropriate and/or transfer from available funds a sum of money for this purpose but to condition this appropriation upon the Town’s vote at a regular or special election to override by that sum of money from the limitations of Proposition 2 ½, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 16 as printed in the warrant, but that the word “from” in the next to last line be deleted, and to raise and appropriate the sum of $100,000.00 for this purpose, but to condition this appropriation upon the town’s vote at a regular or special election to override by that sum of money the limitations of Proposition 2 ½, for this purpose. ACTION: ADOPTED TRANSFER CUSTODY / Tax Title Property ARTICLE NO. 17: 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 parcel acquired after non-payment of real estate taxes: Assessors’ Information: Acres: Location: a) Map No. 47, Parcel No. 25 1.37 McGuerty Road or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 17 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY COMMUNICATION TOWER LEASE / Fire Station Property ARTICLE NO. 18: To see if the Town will vote to amend for all future transactions the previous authorization, granted under article no. 22 of the 1995 Fall Yearly Town Meeting Warrant, which authorized the Police Chief to enter into up to a twenty year lease agreement for space on the communications tower at the, then Police and Fire Station located at 1657 Main Street, and to amend the authorizing agent from the Police Chief to the Town Administrator, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 18 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY FUNERAL EXPENSES / FIRE & POLICE DEPARTMENT ARTICLE NO. 19: To see if the Town will vote to accept Section 100G 1/4 of Chapter 41 of General Laws as amended by Chapter 110 of the Acts of 2007, which would require that the town pay for funeral expenses for any fire or police officer killed in the line of duty, or to take any other action relative thereto. (Majority Vote Required) (Fire Chief) MOTION: I move that the town vote to approve article no. 19 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY ZONING BYLAW AMENDMENT / Corner Lot Setback ARTICLE NO. 20: To see if the Town of Brewster will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 (The Zoning Bylaw), by DELETING Note #3 from Table 2 – Area Regulations in Section 179-16 and renumbering the other notes to reflect the deletion of Note 3, which reads: Note 3: A corner lot shall have minimum street yards with depths which shall be the same as the required front yard depths for the adjoining lots. or to take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) MOTION: I move that the town vote to approve article no. 20 as printed in the warrant. ACTION: ADOPTED BY A DECLARED 2/3 VOTE ZONING BYLAW AMENDMENT / Housekeeping Item ARTICLE NO. 21: To see if the Town of Brewster will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning, Article X Administration and Enforcement, Section 179-51. Special Permits, subsection A, paragraph (3) Conditions, which currently begins: “Special use permits shall be granted only upon the concurring vote of four or more members,” so that it will be hereafter: “Special use permits shall be granted upon the concurring vote of four or more members of the Board of Appeals or by the concurring vote of five members of the Planning Board,” or to take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) MOTION: I move that the town vote to approve article no. 21 as printed in the warrant, but that the article be amended to add the words “or more” after the word “five” in the seventh line. ACTION: ADOPTED UNANIMOUSLY PRIVATE ROAD BETTERMENT PROJECT MUSKRAT LANE & BEAVER ROAD ARTICLE NO. 22: 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: Muskrat Lane & Beaver 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 FOURTEEN THOUSAND AND 00/00 ($114,000.00) 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 a sum of money, to be recovered with all road repair costs through the betterment assessments against the abutters, to pay the first year’s principal and interest expenses for this project, or to take any other action relative thereto. (Two-Thirds Vote Required) (Board of Selectmen) MOTION: I move that the Board of Selectmen is hereby authorized to undertake a series of temporary road repairs to the following roads: Muskrat Lane & Beaver Road and furthermore, that the Board of Selectmen is hereby authorized to proceed with the reconstruction of this way after it has determined that the provisions of the Brewster Town Code, Chapter 157, Article VIII, Section 157-20 have been satisfied; and that sum of ONE HUNDRED EIGHTEEN THOUSAND EIGHT HUNDRED FIFTY AND 00/00 DOLLARS ($118,850.00) be and hereby is appropriated to pay for the costs of engineering, construction, reconstruction, and related expenses in connection therewith; and that to meet this appropriation, the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow the sum of ONE HUNDRED FOURTEEN AND 00/100 ($114,000.00) DOLLARS, 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 transfer from article no. 28 (Herring Brook Lane Private Road Betterment project) of the May 2007 Annual Town Meeting the sum of FOUR THOUSAND EIGHT HUNDRED FIFTY AND 00/100 ($4,850.00) 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. ACTION: ADOPTED UNANIMOUSLY PRIVATE ROAD BETTERMENT PROJECT/ OLD VALLEY ROAD ARTICLE NO. 23: To see if the Town will vote to authorize the Board of Selectmen to undertake a series of temporary road repairs to the following road: Old Valley 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 FORTY-TWO THOUSAND AND 00/00 ($142,000.00) 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 a sum of money, to be recovered with all road repair costs through the betterment assessments against the abutters, to pay the first year’s principal and interest expenses for this project, or to take any other action relative thereto. (Two-Thirds Vote Required) (Board of Selectmen) MOTION: I move that the Board of Selectmen is hereby authorized to undertake a series of temporary road repairs to the following road: Old Valley Road and furthermore, that the Board of Selectmen is hereby authorized to proceed with the reconstruction of this way after it has determined that the provisions of the Brewster Town Code, Chapter 157, Article VIII, Section 157-20 have been satisfied; and that sum of ONE HUNDRED FORTY-EIGHT THOUSAND FIFTY AND 00/00 DOLLARS ($148,050.00) be and hereby is appropriated to pay for the costs of engineering, construction, reconstruction, and related expenses in connection therewith; and that to meet this appropriation, the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow the sum of ONE HUNDRED FORTY-TWO THOUSAND AND 00/100 ($142,000.00) DOLLARS, 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 therefore; and, initially, to transfer from article no. 28 (Herring Brook Lane Private Road Betterment project) of the May 2007 Annual Town Meeting the sum of SIX THOUSAND FIFTY DOLLARS AND 00/100 ($6,050.00) 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. ACTION: ADOPTED UNANIMOUSLY PLEASANT BAY RESOURCE MANAGEMENT PLAN UPDATE ARTICLE NO. 24: To see if the Town will vote to adopt the 2008 Pleasant Bay Resource Management Plan Update, available for inspection at the Town Clerk’s office, developed in accordance with the 1998 Pleasant Bay Resource Management Plan and 2003 Plan Update adopted by the Town in 2007, and the Intermunicipal Agreement with the Towns of Orleans, Chatham and Harwich authorized by the Town in 2007; and to authorize the Board of Selectmen to enter into a successor Intermunicipal Agreement for a five year period, with one or more of the aforementioned towns for the purpose of continuing the Pleasant Bay Resource Management Alliance to implement the plan and plan updates, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 24 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY SALE OF REAL ESTATE ARTICLE NO. 25: To see if the Town will vote to authorize the Board of Selectmen to sell the Town’s interest in the real estate identified as Parcel No. P-2 on Harwich Board of Assessor’s Map No. 117 at a price not less than the appraised value thereof, as established by a licensed Massachusetts real estate appraiser; to authorize the Board of Selectmen to advertise and solicit bids for this purpose; to authorize the Board of Selectmen to negotiate and enter into all agreements and execute any and all instruments as may be necessary on behalf of the municipality to affect this sale; or to take any other action relative thereto. (Two-thirds Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 25 as printed in the warrant. ACTION: ADOPTED UNANIMOUSLY ANY OTHER BUSINESS ARTICLE NO. 26: To act on any other business that may legally come before this meeting. (Board of Selectmen) MOTION: I move that the town vote to dissolve the 2008 Annual Town Meeting. ACTION: ADOPTED UNANIMOUSLY A TRUE COPY ATTEST: Mildred A. Unger Town Clerk