HomeMy Public PortalAbout2004-05-03-Annual Town Mtg Report
Report of the
ANNUAL TOWN MEETING
May 3, 2004
In accordance with the Warrant, The Annual Town Meeting was held in the Stonybrook
Elementary School Cafetorium, Monday May 3, 2004.
The Meeting was called to order at 7:00 p.m. by the Moderator, Stephen L. Doyle. The Tellers
were Kenneth Berbrick, Sheila Gerhardt, Ruth Hanlon, June Gallant, Philip Kerrivan, and Gloria
Bowen. The checkers were Elizabeth Hardy, Maureen Steinmann, Dorothy Leone, Ann Golini,
Nancy Berbrick, Mitzi Unger, John Unger, Jane Nixon, and John Unger.
A quorum was present.
The Town Clerk, Joanna Krauss, 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.
ANNUAL REPORT/CONSENT CALENDAR
ARTICLE NO. 1: To act upon the Annual Town Report of the Board of Selectmen,
Town Officers and other Special Committees, 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. 1 printed in the warrant.
Action: Adopted
HERRING/ALEWIFE FISHERIES
ARTICLE NO. 2: To see if the Town will vote to take no action regarding its
herring or alewife fishery, or to take any other action relative thereto.
(Majority Vote Required) (Alewife Committee)
Motion: I move that the town vote to approve article no. 2 as printed in the warrant.
Action: Adopted Unanimously
CAPE COD VOCATIONAL TECHNICAL SCHOOL 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 Cape Cod Vocational Technical High
School charges and expenses for the Fiscal Year ending June 30, 2005, as follows:
EXPENDED APPROPRIATED REQUESTED
ITEM DEPARTMENT FY2003 FY2004 FY2005
1. CAPE COD TECH. ASSESSMENT $634,860.00 $766,482.00 $769,359.00
TOTAL ASSESSMENT $634,860.00 $766,482.00 $769,359.00
or to take any other action relative thereto.
(Majority Vote Required) (Cape Cod Vocational Technical School Committee)
Motion: I move that the town vote to approve article no. 3 as printed in the warrant
and to raise and appropriate the sum of $769,359.00 for this purpose.
Action: Adopted Unanimously
ELEMENTARY SCHOOLS OPERATING BUDGETS
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 Elementary Schools’ charges and
expenses, for the Fiscal Year ending June 30, 2005, as follows:
EXPENDED APPROPRIATED REQUESTED
ITEM DEPARTMENT _ FY2003 FY2004 FY2005
1. ELEMENTARY SCHOOL BUDGET $4,680,500.00 $5,309,190.00 $5,365,119.00
TOTAL ELEMENTARY SCHOOL $4,680,500.00 $5,309,190.00 $5,365,119.00
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. 4 as printed in the warrant,
however, that the total sum of $5,365,119.00 be amended to $5,309,937.00, and that
the town raise and appropriate the amended sum of $5,309,937.00 for this purpose.
Action: Adopted
TOWN OPERATING BUDGET
ARTICLE NO. 5: 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, 2005, as follows:
SELECTMEN
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY2003 FY2004 FY2005
1 MODERATOR WAGES 300.00 300.00 300.00
2 SELECTMEN'S WAGES 4,769.21 5,250.00 5,250.00
STAFF WAGES 39,863.64 41,591.00 43,286.00
EDUCATIONAL REIMB 424.00 1,200.00 1,000.00
EXPENSES 20,427.62 22,250.00 22,520.00
3 ASSESSMENTS 22,977.96 23,129.00 23,427.00
4 ADMINISTRATOR WAGES 196,527.82 220,130.00 215,432.00
EXPENSES 8,022.87 7,900.00 7,460.00
5 FINCOM EXPENSES 461.78 1,000.00 1,000.00
RESERVE FUND 26,262.00 100,000.00 85,000.00
6 ACCOUNTANT WAGES 99,054.41 102,795.00 112,993.00
AUDIT OF ACCOUNTS 17,625.00 23,500.00 24,500.00
EXPENSES 5,736.01 7,320.00 6,410.00
7 ASSESSOR WAGES 125,006.79 131,460.00 122,635.00
EXPENSES 19,021.28 14,495.00 15,950.00
8 TREAS/COLL WAGES 164,896.32 172,767.00 147,577.00
EXPENSES 25,224.76 23,250.00 25,100.00
9 LEGAL EXPENSES 84,886.82 89,000.00 84,000.00
10 TOWN CLERK'S WAGES 48,298.76 50,587.00 50,737.00
CLERK STAFF WAGES 43,361.14 28,844.00 28,436.00
EXPENSES 3,479.26 4,400.00 4,350.00
11 ELECTION WAGES 11,586.61 8,500.00 12,500.00
EXPENSES 8,881.74 3,870.00 4,920.00
12 REGISTRAR WAGES 1,555.58 3,400.00 3,400.00
EXPENSES 2,902.29 1,900.00 1,900.00
13 PLANNING/APPEALS WAGES 29,028.12 29,856.00 30,480.00
PLANNING/APPEALS EXPENSES 1,969.90 2,125.00 2,075.00
14 VEHICLE POOL MAINT 1,879.32 5,200.00 4,000.00
15 INFORMATION TECHNOLOGY
WAGES 53,767.04 56,154.00 58,199.00
EXPENSES 26,283.79 23,690.00 34,913.00
16 TOWN HALL MAINT WAGES 51,796.54 54,594.00 56,591.00
EXPENSES 39,408.22 42,425.00 40,000.00
COA BLDG EXPENSES 9,324.02 14,800.00 11,025.00
SELECTMEN
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY2003 FY2004 FY2005
17 TOWN REPORT EXPENSES 6,661.04 8,500.00 7,300.00
18 DRUMMER BOY EXPENSES 698.08 740.00 700.00
19 DEBT SERVICE 2,841,130.12 2,703,296.00 2,543,919.00
20 FRINGE BENEFITS 1,454,863.16 1,635,461.00 1,809,092.00
21 RETIREMENT/PENSION 665,524.14 780,182.00 865,258.00
22 UNCLASSIFIED 123,687.36 126,117.00 108,160.00
23 LIABILITY INSURANCE 270,285.50 271,104.00 313,150.00
24 CONSTABLE 250.00 250.00 250.00
25 POLICE WAGES 1,278,483.49 1,366,928.00 1,425,400.00
EXPENSES 176,256.62 161,084.00 161,579.00
26 FIRE/RESCUE WAGES 1,049,214.68 948,019.00 966,748.00
EXPENSES 74,506.80 82,000.00 81,100.00
RESCUE EXPENSES 50,699.85 62,500.00 60,500.00
STATION EXPENSES 45,423.89 48,100.00 53,000.00
27 BLDG INSPECTOR/HDC WAGES 227,506.97 252,907.00 247,734.00
BUILDING/HDC EXPENSES 8,214.55 3,647.00 4,800.00
28 NATURAL RESOURCES AND
CONSERVATION WAGES 152,678.56 152,220.00 157,873.00
EXPENSES 22,433.20 19,350.00 26,650.00
PROPAGATION 5,854.33 6,000.00 6,000.00
29 DOG OFFICER EXPENSES 10,000.00 10,000.00 10,000.00
30 ALEWIVE COMM. WAGES 1,850.00 1,830.00 1,830.00
EXPENSES 626.36 1,000.00 1,000.00
31 DPW WAGES 604,250.03 641,915.00 651,012.00
ROAD MACHINERY 21,510.15 43,400.00 28,700.00
SNOW & ICE CONTROL 160,000.00 65,000.00 65,000.00
INSECT/PEST CONTROL 1,072.00 1,100.00 1,205.00
EXPENSES 149,349.04 194,183.00 193,319.00
SOLID WASTE DISPOSAL 302,565.71 308,380.00 298,600.00
32 RECYCLING EXPENSES 154.55 0.00 0.00
33 STREETLIGHTING 5,354.97 6,800.00 6,800.00
34 BOARD OF HEALTH WAGES 121,159.03 128,354.00 130,290.00
VISITING NURSE ASSOC. 15,804.03 14,400.00 16,075.00
EXPENSES 5,538.84 7,200.00 6,700.00
35 COUNCIL ON AGING WAGES 125,022.12 130,317.00 130,375.00
EXPENSES 10,975.12 12,966.00 14,200.00
36 OLD MILL SITE COMM. 3,630.99 3,700.00 4,325.00
37 VETERANS SERVICES 10,332.48 12,500.00 6,000.00
38 LADIES LIBRARY 386,216.00 389,379.00 401,329.00
39 WATER COMM. WAGES 2,200.00 2,200.00 2,200.00
WATER STAFF WAGES 472,928.90 502,206.00 516,731.00
OPERATING EXPENSES 195,976.89 227,233.00 237,571.00
EQUIPMENT EXPENSES 9,083.82 6,915.00 8,580.00
40 RECREATION WAGES 79,635.51 86,438.00 85,388.00
EXPENSES 28,273.55 27,609.00 25,609.00
41 GOLF DEPT WAGES 934,302.35 1,002,488.00 1,020,478.00
EXPENSES 626,975.72 620,045.00 643,761.00
42 MEMORIAL/VETERANS DAY EXP. 1,400.00 1,400.00 1,400.00
GRAND TOTAL 13,935,571.12 14,395,045.00 14,635,057.00 0.00
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. 5 as printed in the warrant,
however that the following line items be amended;
• Line item no. 8 for Treasurer/Collector’s Department wages be amended from
$147,577.00 to $158,265.00,
• Line item no. 20 for Fringe Benefits expenses be amended from
$1,809,092.00 to $1,761,646.00,
and in order to appropriate this amended total sum of $14,598,299.00 that the town
raise and appropriate the sum of $13,803,339.00, transfer the sums of $160,360.00
from the Road Betterment Fund, $100,000.00 from the Overlay Surplus account,
$150,000.00 from the Golf Receipts Reserved for Appropriation account, $110,000.00
from the Pension Reserve account, and $274,600.00 from the Ambulance Receipts
Reserved for Appropriation account for this purpose.
Action: Adopted
NAUSET REGIONAL SCHOOLS OPERATING BUDGET
ARTICLE NO. 6: 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, 2005, as follows:
EXPENDED APPROPRIATED REQUESTED
ITEM DEPARTMENT FY2003 FY2004 FY2005
1. NAUSET ASSESSMENT $6,322,951.00 $7,401,600.00 $7,868,163.00
TOTAL ASSESSMENT $6,322,951.00 $7,401,600.00 $7,868,163.00
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. 6 as printed in the warrant,
however, that the sum of $7,868,163.00 be amended to $7,850,089.00, and that the
town raise and appropriate the amended sum of $7,850,089.00 for this purpose.
Action: Adopted Unanimously
ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS
ARTICLE NO. 7: To see if the Town will vote to accept the provisions of the
Massachusetts General Laws, Chapter 71, Section 16B and to reallocate the sum of the member
towns’ contributions to the Nauset Regional School District 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. 7 as printed in the warrant.
Action: Adopted Unanimously
HUMAN SERVICES FUNDING
ARTICLE NO. 8: To see if the Town will vote to raise and appropriate and/or
transfer from available funds the sum of FIFTY-NINE THOUSAND SEVEN HUNDRED
EIGHTY-THREE AND 00/100 ($59,783.00) DOLLARS for the following organizations and in
the following respective amounts:
1. Cape Aids Resource Exchange and Services (CARES) $2,500.00
2. Cape Cod Child Development Program, Inc. $5,020.00
3. Cape Cod Council on Alcoholism & Drug Dependence, Inc. $4,500.00
4. Consumers Assistance Council, Inc. $500.00
5. Gosnold $4,500.00
6. Independence House, Inc. $3,700.00
7. Interfaith Council for the Homeless of Lower Cape Cod $3,288.00
8. Legal Services for Cape Cod & Islands, Inc. $3,800.00
9. Lower Cape Outreach Council, Inc. $6,400.00
10. Nauset, Inc. $6,425.00
11. Sight Loss Services, Inc. of Cape Cod & Islands $650.00
12. South Shore Mental Health – Bayview Associates $3,000.00
13. The Salvation Army $3,000.00
14. Nauset Together We Can Prevention Council, Inc. $5,000.00
15. Elder Services of Cape Cod “Meals on Wheels” $7,500.00
________
GRAND TOTAL $59,783.00
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. 8 as printed in the warrant
and to transfer the sum of $59,783.00 from Free Cash for these purposes.
Action: Adopted Unanimously
LOCAL BUSINESS ORGANIZATION FUNDING REQUEST
ARTICLE NO. 9: To see if the Town will vote to raise and appropriate, and/or transfer
from available funds, the sum of TWENTY-TWO THOUSAND AND 00/100 ($22,000.00)
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 $22,000.00 from Free Cash for this purpose.
Action: Adopted
HAZARDOUS WASTE COLLECTION DAY PROGRAM
ARTICLE NO. 10: To see if the Town will vote to transfer from the water revenue
account the sum of EIGHT THOUSAND AND 00/100 ($8,000.00) DOLLARS to finance costs
associated with the hazardous waste collection day program and to authorize the Town
Administrator to solicit bids and/or proposals, enter into a contract or contracts and expend said
funds for this purpose, or to take any other action relative thereto.
(Majority Vote Required) (Board of Health & Water Commission)
Motion: I move that the town vote to approve article no. 10 as printed in the warrant
and to transfer the sum of $8,000.00 from the Water Revenue account for this
purpose.
Action: Adopted Unanimously
BREWSTER TOWN BAND FUNDING
ARTICLE NO. 11: 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, to raise and appropriate and/or transfer from available funds the
sum of ONE THOUSAND AND 00/100 ($1,000.00) 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. 11 as printed in the warrant
and to transfer the sum of $1,000.00 from Free Cash for this purpose.
Action: Adopted Unanimously
CAPITAL EXPENDITURES
ARTICLE NO. 12: 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 expenditures to be undertaken during Fiscal Year 2005 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
AVAILABLE
ITEM DEPARTMENT FUNDS
1. Board of Selectmen
a. Assessing Software Program $10,000.00
b. Fuel Facility Maintenance/Repair $9,000.00
2. Fire Department
a. Rescue Billing Services $ 35,000.00
b. Rescue Equipment $ 7,500.00
c. Rescue Tool Equipment $ 10,000.00
d. Hose Replacement $ 10,000.00
e. Computer Equipment $ 25,000.00
f. Facility Repair Project $100,000.00
3. Department of Public Works
a. Landfill Post Closure Consulting
Services $ 20,000.00
b. Rehabilitate Fuel Management
System and Tank Monitors $ 10,000.00
4. Golf Department
a. Rac-O-Vacs (Replacements – 2 units) $ 60,000.00
b. Fairway Over Seeding Project $ 18,000.00
c. Cold Storage Building Addition $ 80,000.00
5. Police Department
a. Patrol Vehicles $ 63,000.00
6. Building Department
a. Inspection Vehicle Replacement $ 22,000.00
_____________
Grand-total $ 479,500.00
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. 12 as printed in the warrant,
however that,
• Item No. 2e. (Fire Department Computer Equipment) be deleted, and the
appropriation be amended from the sum of $25,000.00 to $0.00,
and to appropriate the amended total sum of $454,500.00, and in order to
appropriate this sum that the town transfer $158,000.00 from the Golf Receipts
Reserved for Appropriation account, $134,000.00 from Free Cash, and $162,500.00
from the Ambulance Receipts Reserved for Appropriation account for these purposes.
Action: Adopted Unanimously
NAUSET SCHOOL DISTRICT CAPITAL EXPENDITURES
ARTICLE NO. 13: To see if the Town will vote to raise and appropriate and/or
transfer from available funds the sum of TWENTY-TWO THOUSAND 0NE HUNDRED
TWENTY-TWO AND 00/100 ($22,122.00) DOLLARS, Brewster’s share of capital
improvements to the Nauset Regional High School, for the following purposes and in the
following amounts:
A. Nauset High School:
• Repair Track Facility $45,000.00
Brewster’s Enrollment Share X 49.16%
Brewster’s Appropriation Request $22,122.00
or to take any other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
Motion: I move that the town vote to indefinitely postpone consideration of article
no. 13.
Action: Adopted Unanimously
CAPTAINS GOLF COURSE IRRIGATION SYSTEM PROJECT
ARTICLE NO. 14: To see if the town will appropriate, by borrowing, taxation,
transfer from available funds and/or otherwise, a sum of money to pay costs associated with the
replacement and upgrade of a portion of the irrigation system at the Captains Golf Course and all
other costs incidental and related thereto, 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.
(Two-Thirds Vote Required) (Golf Commission)
Motion: I move that the town vote to approve article no. 14 as printed in the warrant
and that the sum of $1,005,000.00 is hereby appropriated to pay costs associated
with the replacement and upgrade of a portion of the irrigation system at the
Captains Golf Course, and for the payment of all other costs incidental and related
thereto, and that to meet this appropriation the Town Treasurer, with the approval of
the Board of Selectmen, is hereby authorized to borrow up to $800,000.00 under and
pursuant to Chapter 44, Section 7(15) of the General Laws, or pursuant to any other
enabling authority, and to issue bonds or notes of the Town therefor, and to further
that the town transfer the sum of $205,000.00 from the Golf Receipts Reserved for
Appropriation account for this purpose.
Action: Adopted Yes- 243 No- 49
RESCIND DEBT AUTHORIZATION
ARTICLE NO. 15: To see if the town will vote to rescind the authorization to issue
debt in the amount of TWO-HUNDRED THOUSAND AND 00/1000 ($200,000.00)
DOLLARS under Article no. 29 of the 2002 Annual Town Meeting, said article allowed for the
acquisition of real estate located on parcel no. 41 of map no. 46 of the Board of Assessors’ maps,
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. 15 as printed in the warrant.
Action: Adopted Unanimously
CROSBY MANSION REVOLVING FUND
ARTICLE NO. 16: To see if the town will vote to vote to authorize the creation of a
departmental revolving fund for the Crosby Mansion and cottages, to be referred to as the
“Crosby Mansion Revolving Fund” under section 53E1/2 of Chapter 44 of the Massachusetts
General Laws, to be administered by the Crosby Mansion Committee, said fund will be credited
with all fees and charges received during Fiscal Year 2005 and will be utilized to pay salaries,
expenses and contracted services required to operate the mansion and cottages, the fund may
spend up to $50,000.00 in revolving fund revenues for the program in FY2005, or to take any
other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Motion: I move that the town vote to approve article no. 16 as printed in the warrant.
Action: Adopted Unanimously
FUNDING FOR FULL-TIME FIRE INSPECTOR
ARTICLE NO. 17: To see if the Town will vote to raise and appropriate and/or
transfer from available funds the sum of SEVENTY THOUSAND AND 00/100 ($70,000.00)
DOLLARS in order to hire a full-time fire inspector, but to condition raising and appropriating
this sum upon the Town voting at a Regular or Special Town election to exempt this sum of
money from the limitations of Proposition 2 ½, so called, or to take any other action relative
thereto.
(Majority Vote Required) (Fire Chief)
Motion: I move that the town vote to approve article no. 17 as printed in the warrant
and to raise and appropriate the sum of $70,000.00 for this purpose, however that
this sum of $70,000.00 be placed on a town ballot to seek a levy limit override from
the limitations of Proposition 2 ½, so-called.
Action: Defeated
FUNDING FOR REGIONAL DISPATCH SERVICE
ARTICLE NO. 18: To see if the Town will vote to raise and appropriate and/or
transfer from available funds the sum of EIGHTY-SIX THOUSAND FIVE HUNDRED AND
00/100 ($86,500.00) DOLLARS in order to contract with Barnstable County to provide
regional emergency/public safety dispatching services and to acquire related equipment to
accommodate this service, but to condition raising and appropriating some or all of this money
upon the Town voting at a Regular or Special Town Election to exempt that amount from the
limitations of Proposition 2 ½, so called, 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,
however, that the total sum of $86,500.00 be amended to $82,500.00, and in order to
appropriate this amended total sum of $82,500, that the town transfer the sum of
$22,500 from Free Cash and raise and appropriate the sum of $60,000.00, however
that the sum of $60,000.00 be placed on a town ballot to seek a levy limit override
from the limitations of Proposition 2 ½, so-called.
Motion: I move that the town vote to amend the motion for article no. 18 so that in
order to appropriate this amended total sum of $82,500, that the town transfer the
sum of $22,500 from Free Cash and transfer the sum of $60,000.00 from the
Ambulance Receipts Reserved for Appropriation account for this purpose.
Action on Amended Motion: Adopted Yes- 257 No- 139
FIRE STATION LOCATION AND RESPONSE TIME STUDY
ARTICLE NO. 19: To see if the Town will vote to transfer from the Ambulance
Receipt Reserved for Appropriation Account the sum of TWENTY THOUSAND AND 00/100
($20,000.00) DOLLARS to finance costs associated with contracting for professional services
to perform a fire station location and response time study and to authorize the Fire Chief 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) (Fire Chief)
Motion: I move that the town vote to approve article no. 19 as printed in the warrant
and to transfer the sum of $20,000 from the Ambulance Receipts Reserved for
Appropriation account for this purpose.
Action: Defeated
ACCEPTANCE OF STATE ENABLING LEGISLATION / SPRINKLERS
ARTICLE NO. 20: To see if the Town will vote to accept Massachusetts General
Laws Chapter 148, Section 26G (requiring sprinkler system installation in new construction
exceeding 7500 square feet), as amended now and hereafter, or to take any other action relative
thereto.
(Majority Vote Required) (Fire Chief)
Motion: I move that the town vote to approve article no. 20 as printed in the warrant.
Action: Adopted
ACCEPTANCE OF STATE ENABLING LEGISLATION / BENEFITS
ARTICLE NO. 21: To see if the Town will vote to accept Massachusetts General
Laws Chapter 32, Section 89B (affording benefits to the spouse, children, and dependents of a
firefighter killed in the line of duty), as amended now and hereafter, or to take any other action
relative thereto.
(Majority Vote Required) (Fire Chief)
Motion: I move that the town vote to indefinitely postpone consideration of article
no. 21.
Action: Indefinitely Postponed
AMENDMENT TO ZONING BYLAW
ARTICLE NO. 22: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article X, Administration and
Enforcement, Section 179-51, Special Permits, to add a sentence at the end of Paragraph A,
eliminating the need to obtain a special permit under Section 179-51 when a Special Permit is
already required from the Planning Board as Special Permit Granting Authority under Article XII
(Corridor Overlay Protection District) or Section 179-40.1 of Article IX (Personal Wireless Services
and Communication Facilities Bylaw) so that Section 179-51A which now reads:
“A. Certain uses, structures or conditions are designated as permitted on special
permit in §179-11, Table of Use Regulations, and elsewhere in this chapter.
Upon application duly made to the Board of Appeals or other designated Special
Permit Granting Authority (SPGA), in appropriate cases and subject to
appropriate conditions and safeguards, such special permits and no others may
be granted.”
will be revised to read:
“A. Certain uses, structures or conditions are designated as permitted on special
permit in §179-11, Table of Use Regulations, and elsewhere in this chapter.
Upon application duly made to the Board of Appeals or other designated Special
Permit Granting Authority (SPGA), in appropriate cases and subject to
appropriate conditions and safeguards, such special permits and no others may
be granted. If a Special Permit is also required from the Planning Board acting
as SPGA under Article XII, Corridor Overlay Protection District, or Section 179-
40.1 of Article IX (Personal Wireless Services and Communication Facilities
Bylaw, the applicant will not be required to also obtain a Special Permit from the
Board of Appeals under this Section 179-51 and the Planning Board, acting as
SPGA, will apply the provisions of this Section 179-51 in those cases, as
appropriate, so that all requested relief can be addressed in a single proceeding.”
or take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
Motion: I move that the town vote to approve article no. 22 as printed in the warrant.
Action; Adopted Unanimously
AMENDMENT TO ZONING BYLAW
ARTICLE NO. 23: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article X, Administration and
Enforcement, Section 179-49, Violations and Penalties, to add a sentence relative to progressive
penalty provisions, so that the provision which currently reads:
“Any person, trust or other enterprise who violates or refuses to comply with any of the
provisions of this chapter, any of the conditions under which a permit is issued or any
decision rendered by the Board of Appeals may be fined by the Inspector of Buildings a
sum of up to three hundred ($300.00) dollars for each offense, unless otherwise noted in
this chapter. Any Zoning Bylaw of the Town of Brewster enforceable by the Inspector of
Buildings or his designee may, as an alternative to initiating criminal proceedings, be
enforced by the Inspector of Buildings or his designee by the method provided in M.G.L.
c. 40, §21D.”
will be revised to read, as follows:
“Any person, trust or other enterprise who violates or refuses to comply with any of the
provisions of this chapter, any of the conditions under which a permit is issued or any
decision rendered by the Board of Appeals may be fined by the Inspector of Buildings a
sum of up to three hundred ($300.00) dollars for each offense, unless otherwise noted in
this chapter.
Failure to respond to a properly issued citation within twenty-one (21) days will make the
person, trust or other enterprise not in compliance with the pertinent Zoning Bylaw,
unless afforded protection under Article VIII of this chapter, and subject to the following
penalty:
(a) First offense: warning.
(b) Second offense: fine of one hundred ($100.) dollars
(c) Third offense: fine of two hundred ($200.) dollars
(d) Fourth and subsequent: fine of three hundred ($300.00) dollars
Any Zoning Bylaw of the Town of Brewster enforceable by the Inspector of Buildings or
his designee may, as an alternative to initiating criminal proceedings, be enforced by the
Inspector of Buildings or his designee by the method provided in MGL c. 40, §21D.”
or take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
Motion: I move that the town vote to approve article no. 23 as printed in the warrant.
Action; Adopted Unanimously
AMENDMENT TO ZONING BYLAW
ARTICLE NO. 24: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article IV, “Use Regulations,” Section
179-11, Table 1, to limit the special permit requirement for commercial stables, kennels or
veterinary hospitals to parcels consisting of at least 120,000, but no more than five (5) acres, so
that Subsection 179-11, Agriculture, ¶6 would read, as follows:
PW
R-R R-L R-M C-H V-B I MRD SCF
(6) Commercial stable, kennel or veterinary S S S S S
hospital in which all animals are
completely enclosed in pens or other
structures on a parcel of land
containing at least 120,000 square feet
but not greater than five acres. On
parcels consisting of more than five
acres, these uses are permitted as of
right per the provisions of General
Laws, Chapter 40A, §3.
or take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
Motion: I move that the town vote to approve article no. 24 as printed in the warrant.
Action: Adopted Unanimously
AMENDMENT TO ZONING BYLAW
ARTICLE NO. 25: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article IX, “Special Regulations,”
Section 179-40.1, “Communication Towers”, by repealing 179.40.1.5.1 C.3 and D.2
which presently read:
~ 179-40.1.5.1
.
C. 3. Application and Issuance of a Special Permit by the Special Permit
Granting Authority;
D. 2. Application and Issuance of a Special Permit by the Special Permit Granting
Authority in accordance with Section 40.1.6.3 hereunder;
And to add the following as the new 179.40.1.5.1 C.3:
~ 179-40.1.5.1
Application and Issuance of a Special Permit by the Special Permit Granting Authority in
accordance with Sections 40.1.7 and 40.1.8, and in accordance with Section 40.1.12.0
Rules and Regulations hereunder;
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. 25 as printed in the warrant,
however that 11th line which presently reads:
“And to add the following as the new 179.40.1.5.1 C.3”
will be amended to read as follows:
“And to add the following as the new 179.40.1.5.1 C.3 and D.2.”
Action: Adopted Unanimously
AMENDMENT TO ZONING BYLAW
ARTICLE NO. 26: To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article VI, “Signs”, Section 179-20.5,
“Regulations for Specific Types of Signs”, subsection (E), Temporary Signs” subsection (3),
“Window Signs”.
Which presently reads:
(3) Window Signs, Window signs are permitted as long as the total area of all signs does
not exceed twenty-five percent (25%) of all window area on which the signs appear. (No permit
required).
by adding the following as its second sentence:
Illuminated window signs are not permitted.
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. 26 as printed in the warrant.
Action: Defeated Yes-54 No-224
AMENDMENT TO ZONING BYLAW
ARTICLE NO. 27: To see if the Town will vote plan to subdivide. Request to extend
CH Zone line through RM Zone, making parcel all CH zoned. 563 Long Pond Road, Plan Book
270, Page 92, L1 Area = 43,988, or to take any other action relative thereto.
(Two-Thirds Vote Required) (Citizens’ Petition)
Motion: I move that the town vote to indefinitely postpone consideration of article
no. 27.
Action: Adopted
GIFT OF LAND
ARTICLE NO. 28: To see if the Town will vote to accept a gift of real
property as shown on the Board of Assessors’ Map No. 32, Lot No. 2-5 and to
place the same under the jurisdiction and control of the Board of Selectmen, 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. 28 as printed in the warrant.
Action: Adopted Unanimously
SALE OF TOWN-OWNED LAND
ARTICLE NO. 29: To see if the Town will vote to provide authorization to the
Board of Selectmen to sell by public bid or auction the town’s interest in a portion of the real
estate shown on Map no. 52, Parcel no. 25-2, said sale shall not exceed a total of 5,000 square
feet, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
Motion: I move that the town vote to approve article no. 29 as printed in the warrant.
Amended Motion: I move that the town vote to approve article no. 29 as printed in
the warrant, and that the minimum amount of the bid will be $5,000.00.
Amended Motion Action: Adopted Unanimously
AMENDMENT TO HUNTING POLICY
ARTICLE NO. 30: To see if the Town will vote to prohibit hunting and trapping of
animals on land within the boundaries of the Town of Brewster, or to take any other action
relative thereto.
(Majority Vote Required) (Citizens’ Petition)
Motion: I move that the town vote to approve article no. 30 as printed in the warrant.
Amended Motion: I move that the town vote to indefinitely postpone consideration
of article no. 30.
Amended Motion Action: Adopted
PENSION FUND
ARTICLE NO. 31: To see if the Town will vote to raise and appropriate and/or
transfer from available funds a sum of money to add to the Pension 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. 31 as printed in the warrant
and to transfer the sum of $100,000.00 from Free Cash for this purpose.
Action: Adopted
STABILIZATION FUND
ARTICLE NO. 32: To see if the Town will vote to add a sum of money to the
Stabilization Fund and to raise and appropriate and/or transfer from available funds a sum of
money for this purpose, 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. 32 as printed in the warrant
and to transfer the sum of $100,000.00 from Free Cash for this purpose.
Action: Adopted Unanimously
ANY OTHER BUSINESS
ARTICLE NO. 33: To act on any other business that may legally come before this
meeting.
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.
Motion: I move that the town vote to adjourn the 2004 Annual Town Meeting.
Action: Adopted
A TRUE COPY ATTEST
JOANNA KRAUSS
TOWN CLERK