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HomeMy Public PortalAbout2007-05-07-Annual/Special Town Mtg Warrant 1 1 SPECIAL TOWN MEETING MAY 7, 2007 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 seventh day of May, 2007 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, or to take any other action relative thereto. (Nine-Tenths Vote Required) (Board of Selectmen) BUDGETARY TRANSFERS ARTICLE NO. 2: To see if the Town will vote in the following manner to appropriate from available funds and/or transfer the surplus funds in some departments the amounts needed to prevent deficits in other departments this fiscal year: a) Transfer the sum of $2,000.00 from Line Item No. 9 (Planning Board Wages) to Line Item No. 6 (Town Hall Maintenance Expense) of Article No. 5 of the 2006 Annual Town Meeting. b) Transfer the sum of $8,000.00 from Line Item No. 7 (Police Department Wages) to Line Item No. 7 (Police Department Expenses) of Article No. 5 of the 2006 Annual Town Meeting. c) Transfer the sum of $7,500.00 from Ambulance Receipts Reserved for Appropriation account to Line Item No. 8 (Fire Department Station Expenses) of Article No. 5 of the 2006 Annual Town Meeting. d) Transfer the sum of $14,000.00 from Line Item No. 13 (Snow & Ice Control) to Line Item No. 10 (Building Department Wages) of Article No. 5 of the 2006 Annual Town Meeting. e) Transfer the sum of $5,000.00 Line Item No. 7 (Police Department Wages) to Line Item No. 11 (Natural Resources and Conservation Expenses) of Article No. 5 of the 2006 Annual Town Meeting. f) Transfer the sum of $2,200.00 from Line Item No. 21 (Veterans Services) to Line Item No. 13 (Street Lighting Expense) of Article No. 5 of the 2006 Annual Town Meeting. g) Transfer the sum of $8,000.00 from Line Item No. 14 (Water Department Operating Expenses) to Line Item No. 14 (Water Department Wages) of Article No. 5 of the 2006 Annual Town Meeting. h) Transfer the sum of $20,000.00 from Free Cash to Line Item No. 20 (Utilities Expenses) of Article No. 5 of the 2006 Annual Town Meeting. i) Transfer the sum of $11,000.00 from the Fund Balance Reserved for Open Space to Article No. 5 (Jorgensen Land Acquisition) of the May 1, 2006 Special Town Meeting. j) Transfer the sum of $48,000.00 from Free Cash to (Elementary School Department Operating budget) of Article No. 4 of the 2006 Annual Town Meeting. 2 2 or to take any action relative thereto. (Majority Vote Required) (Board of Selectmen) PRIVATE ROAD ENGINEERING SERVICES / HERRING BROOK LANE BETTERMENT PROJECT ARTICLE NO. 3: To see if the Town will vote to transfer from available funds from the sum of TEN THOUSAND AND 00/100 ($10,000.00) DOLLARS to finance costs associated with engineering services for a private road betterment for Herring Brook Lane and to authorize the Assistant 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) PRIVATE ROAD & WATER ENGINEERING SERVICES / FIDDLERS LANE BETTERMENT PROJECT ARTICLE NO. 4: To see if the Town will vote to transfer from available funds the sum of TEN THOUSAND AND 00/100 ($10,000.00) DOLLARS to finance costs associated with engineering services for a private road and water betterment for Fiddlers’ Lane and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts and expend said funds for this purpose, said expense to be recovered through the betterment assessments against the abutters, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen & Water Commission) HUMAN SERVICES FUNDING ARTICLE AMENDMENT ARTICLE NO. 5: To see if the Town will vote to amend its vote under Article no. 9 of the May 1, 2006 Annual Town Meeting Warrant by deleting the reference to “3. Cape Cod Council on Alcoholism & Drug Dependence, Inc.” and by adding in its place “3. Gosnold”, or to take any other action relative thereto. (Majority Vote Required) (Human Services Committee) FIRE DEPARTMENT DISPATCH SERVICES ACCOUNT ARTICLE NO. 6: To see if the Town will vote to transfer from available funds the sum of THIRTY THOUSAND AND 00/100 ($30,000.00) DOLLARS to finance costs associated with the dispatch services account and to authorize the Fire Chief to expend said funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Fire Department) WATER QUALITY GRANT PROGRAM FOR LONG POND ARTICLE NO. 7: To see if the Town will vote to transfer from available funds the sum of ONE-HUNDRED AND FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS in order to provide funding for the restoration program to improve water quality on Long Pond, in cooperation with the Town of Harwich, the Cape Cod Commission and the Commonwealth of Massachusetts, 3 3 said funds will be reimbursed to the Town of Brewster upon completion of said project under the terms of a legislative earmark under section 2800-0108 of Chapter 122 of the Acts of 2006 , and to authorize the Town Administrator to expend said funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen OTHER BUSINESS ARTICLE NO. 8: To act upon any other business that may legally come before this meeting. (Board of Selectmen) Given under our hand and Seal of the Town of Brewster affixed this day of March, 2007. Dyanne F. Cooney, Chairman Edward S. Lewis, Vice-Chairman James R. Ehrhart, Clerk Peter G. Norton James W. Foley 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 7, 2007 by posting attested copies thereof, in the following locations in the Town on the __th day of March, 2007. Brewster Town Offices Brewster Farms Brewster Ladies Library Brewster Pizza House The Brewster Store Millstone Liquors U. S. Post Office __________________________ Roland W. Bassett, Constable 4 4 ANNUAL TOWN MEETING MAY 7, 2007 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 seventh day of May, 2007 next, at 7:00 p.m. o’clock in the evening, then and there to act upon the following articles. ANNUAL REPORT 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) 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) 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, 2008, as follows: Expended Appropriated Requested Item Department FY2006 FY2007 FY2008 1. Cape Cod Tech. Assessment $744,668.00 $717,831.00 $730,374.00 Total Assessment $744,668.00 $717,831.00 $730,374.00 or to take any other action relative thereto. (Majority Vote Required) (Cape Cod Technical School Committee) ELEMENTARY 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 Elementary Schools’ charges and expenses, for the Fiscal Year ending June 30, 2008, as follows: 5 5 Expended Appropriated Requested Item Department _ FY2006 FY2007 FY2008___ 1. Elementary School Budget $4,914,687.14 $5,365,902.00 $5,365,902.00 Total School Budget $4,914,687.14 $5,365,902.00 $5,365,902.00 or to take any other action relative thereto. (Majority Vote Required) (Elementary School Committee) 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, 2008, as follows: SELECTMEN EXPENDED APPROPRIATED REQUESTED Item DEPARTMENT FY2006 FY2007 FY2008 1 MODERATOR WAGES $300.00 $300.00 $300.00 2 SELECTMEN'S WAGES $4,250.00 $5,250.00 $5,250.00 STAFF WAGES $42,327.32 $47,767.00 $50,350.00 EDUCATIONAL REIMB $697.83 $900.00 $900.00 EXPENSES $21,306.65 $28,000.00 $27,300.00 ADMINISTRATOR WAGES $224,854.79 $228,553.00 $240,665.00 EXPENSES $7,341.74 $7,600.00 $8,650.00 LEGAL EXPENSES $81,782.94 $130,000.00 $125,000.00 TOWN REPORT EXPENSES $25.90 $7,500.00 $7,500.00 3 FINCOM EXPENSES $972.45 $1,000.00 $2,000.00 RESERVE FUND $69,825.00 $85,000.00 $85,000.00 4 ACCOUNTANT WAGES $118,347.09 $123,985.00 $130,391.00 AUDIT OF ACCOUNTS $16,500.00 $26,500.00 $25,500.00 EXPENSES $2,365.98 $5,565.00 $4,300.00 ASSESSOR WAGES $120,560.26 $122,183.00 $131,198.00 EXPENSES $10,128.26 $12,750.00 $13,610.00 TREAS/COLL WAGES $168,568.53 $197,767.00 $192,628.00 EXPENSES $20,119.41 $25,050.00 $25,650.00 INFORMATION TECHNOLOGY WAGES $60,549.92 $63,521.00 $67,133.00 EXPENSES $39,431.50 $43,501.00 $45,728.00 DEBT SERVICE $2,720,314.51 $2,806,357.00 $2,787,753.00 FRINGE BENEFITS $1,892,773.15 $2,046,191.00 $2,200,618.00 RETIREMENT/PENSION $923,509.37 $965,708.00 $1,035,649.00 5 TOWN CLERK'S WAGES $52,767.45 $55,355.00 $58,496.00 CLERK STAFF WAGES $29,286.81 $40,487.00 $42,890.00 EXPENSES $9,196.63 $7,575.00 $6,725.00 ELECTION WAGES $2,613.86 $12,360.00 $8,000.00 EXPENSES $3,600.00 $8,600.00 $8,730.00 REGISTRAR WAGES $3,052.64 $4,208.00 $4,800.00 EXPENSES $3,469.31 $3,800.00 $4,000.00 6 TOWN HALL MAINT WAGES $64,719.72 $75,175.00 $77,854.00 EXPENSES $25,535.31 $24,080.00 $19,350.00 COA BLDG EXPENSES $6,874.91 $7,540.00 $7,700.00 DRUMMER BOY EXPENSES $545.71 $350.00 $350.00 7 CONSTABLE $250.00 $250.00 $250.00 POLICE WAGES $1,412,658.56 $1,579,672.00 $1,658,141.00 6 6 EXPENSES $125,872.83 $131,400.00 $134,525.00 8 FIRE/RESCUE WAGES $1,159,840.59 $1,249,046.00 $1,302,791.00 EXPENSES $93,675.73 $94,300.00 $94,300.00 RESCUE EXPENSES $79,181.80 $74,750.00 $77,000.00 STATION EXPENSES $28,559.24 $27,500.00 $27,500.00 9 PLANNING WAGES $33,059.04 $35,591.00 $21,533.00 EXPENSES $819.98 $2,475.00 $1,200.00 10 BLDG INSP./HDC WAGES $262,794.56 $262,973.00 $288,096.00 BUILDING/HDC EXPENSES $4,747.98 $6,300.00 $6,300.00 11 NATURAL RESOURCES AND CONSERVATION WAGES $165,394.75 $176,148.00 $169,026.00 EXPENSES $24,088.71 $29,100.00 $26,250.00 PROPAGATION $6,000.00 $6,000.00 $6,000.00 12 BOARD OF HEALTH WAGES $137,335.74 $142,724.00 $149,821.00 VISITING NURSE ASSOC. $16,525.00 $18,000.00 $18,000.00 EXPENSES $4,060.65 $4,700.00 $4,700.00 13 DPW WAGES $620,533.17 $720,090.00 $736,915.00 ROAD MACHINERY $29,700.00 $31,500.00 $33,075.00 SNOW & ICE CONTROL $148,785.22 $75,000.00 $85,000.00 EXPENSES $148,625.03 $196,194.00 $201,021.00 SOLID WASTE DISPOSAL $272,935.37 $298,429.00 $321,587.00 STREETLIGHTING $9,740.33 $7,600.00 $9,800.00 14 WATER COMM. WAGES $2,200.00 $2,200.00 $2,200.00 WATER STAFF WAGES $550,518.13 $587,989.00 $621,670.00 OPERATING EXPENSES $218,255.51 $312,040.00 $310,605.00 EQUIPMENT EXPENSES $8,014.94 $8,490.00 $9,682.00 15 GOLF DEPT WAGES $1,039,924.62 $1,114,109.00 $1,149,037.00 EXPENSES $794,332.85 $758,532.00 $788,010.00 16 RECREATION WAGES $81,092.37 $88,541.00 $98,311.00 EXPENSES $17,472.06 $20,609.00 $20,609.00 17 COUNCIL ON AGING WAGES $137,291.90 $152,779.00 $160,896.00 EXPENSES $14,698.73 $11,800.00 $11,492.00 18 LADIES LIBRARY $441,836.00 $458,806.00 $477,398.00 19 ALEWIVE COMM. WAGES $3,290.00 $4,150.00 $4,150.00 EXPENSES $768.44 $850.00 $850.00 OLD MILL SITE COMM. $3,662.38 $3,720.00 $3,720.00 20 UTILITIES $407,027.25 $373,680.00 $403,801.00 LIABILITY INSURANCE $328,304.73 $368,738.00 $377,957.00 21 ASSESSMENTS $25,070.46 $25,203.00 $26,261.00 DOG OFFICER EXPENSES $10,000.00 $0.00 $0.00 MEMORIAL/VETERANS DAY $1,400.00 $1,400.00 $1,500.00 VETERANS SERVICES $16,561.52 $20,000.00 $20,000.00 GRAND TOTAL $15,535,421.12 $16,703,856.00 $17,312,948.00 or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) 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, 2008, as follows: 7 7 Expended Appropriated Requested Item Department FY2006 FY2007 FY2008 1. Nauset Assessment $7,885,497.00 $8,120,965.00 $8,132,253.00 2. Capital Plan Assessment $0.00 $225,908.00 $222,632.00 Total Assessment $7,885,497.00 $8,346,873.00 $8,354,885.00 or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS ARTICLE NO. 7: 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 2009 in accordance with the Regional Agreement rather than the Education Reform Formula, so-called, or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) COMMUNITY PRESERVATION ACT FUNDING ARTICLE NO. 8: 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 2008 or to hold for future expenditure the following sums from the fund’s Fiscal Year 2008 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. Brewster Historical Society Higgins Farm Windmill Preservation $18,000.00 b. Cemetery Committee Breakwater Cemetery – Gravestone Repair Project $23,000.00 c. Reserve Funds. To hold in reserve for the purpose of Historic Preservation the sum of ($79,410.00) Dollars from the Fund’s Fiscal Year 2008 revenues for future expenditure; 2. Community Housing: a. Community Preservation Committee Affordable Housing Price Buy-down Program $60,000.00 b. Reserve Funds. To hold in reserve for the purpose of Community Housing the sum of ($60,410.00) Dollars from the Fund’s Fiscal Year 2008 revenues for future expenditure; 3. Open Space: a. Open Space Bond Issuance Expense $27,000.00 b. Reserve Funds. To hold in reserve for the purpose of acquiring Open Space the sum of ($423,841.00) Dollars from the Fund’s Fiscal Year 2008 revenues for future expenditure; 8 8 4. Reserve Funds: a. 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 ($361,229.00) Dollars from the Fund’s Fiscal Year 2008 revenues for future expenditure; 5. Administration and Operating Expenses: a. Administration and Operating Expenses. To appropriate the sum of ($63,373.00) Dollars from the Fund’s Fiscal Year 2008 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 $1,116,263.00 or to take any other action relative thereto. (Majority Vote Required) (Community Preservation Committee) HUMAN SERVICES FUNDING ARTICLE NO. 9: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of FIFTY-THREE THOUSAND SIX HUNDRED AND SEVENTY-NINE AND 00/100 ($53,679.00) 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 $8,500.00 4. Independence House, Inc. $4,000.00 5. Interfaith Council for the Homeless of Lower Cape Cod $4,784.00 6. South Coastal Counties Legal Services, Inc. $4,100.00 7. Lower Cape Outreach Council, Inc. $7,000.00 8. capeAbilities (formerly Nauset, Inc.) $6,425.00 9. Sight Loss Services, Inc. of Cape Cod & Islands $850.00 10. Nauset Together We Can Prevention Council, Inc. $5,000.00 11. Elder Services of Cape Cod “Meals on Wheels” $7,500.00 GRAND TOTAL $53,679.00 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) LOCAL BUSINESS ORGANIZATION’S FUNDING ARTICLE NO. 10: 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 9 9 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) HAZARDOUS WASTE COLLECTION PROGRAM ARTICLE NO. 11: 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) BREWSTER TOWN BAND’S FUNDING REQUEST ARTICLE NO. 12: 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) BAYSIDE SKIPPERS’ FUNDING REQUEST ARTICLE NO. 13: 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) CROSBY MANSION REVOLVING FUND ARTICLE NO. 14: To see if the Town will vote to reauthorize the Crosby Mansion Revolving fund for the 2008 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) 10 10 CAPITAL AND SPECIAL PROJECT EXPENDITURES ARTICLE NO. 15: 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 2008 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 Playground Project $100,000.00 b. Town Hall Photocopier Replacement $6,500.00 c. Town Hall Alarm System Upgrade $9,500.00 d. Environmental Consulting Services for Pleasant Bay Watershed Project $25,000.00 2. Fire Department: a. Rescue Billing Services Expense $20,000.00 b. Rescue Equipment Expense $7,500.00 c. County Dispatch Services Expense $40,000.00 d. Hazardous Materials Expense $2,500.00 e. Rescue Boat Replacement $30,000.00 f. Thermal Camera Equipment Acquisition $15,000.00 3. Department of Public Works: a. Weigh Scale Replacement $65,000.00 b. Dump Truck Replacement $110,000.00 4. Golf Department: a. Fairway Mowers (four units) $168,000.00 b. Golf Course & Facilities Improvement Project $300,000.00 5. Police Department: a. Patrol Vehicles Replacement $117,000.00 b. Technology Upgrade Project $170,000.00 ____________ Grand-total $1,186,000.00 or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) PROPERTY VALUATION SERVICES ARTICLE NO. 16: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of TWENTY-FOUR THOUSAND AND 00/100 ($24,000.00) 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) 11 11 O.P.E.I.U STUDY ARTICLE NO. 17: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of SEVEN THOUSAND FIVE HUNDRED AND 00/000 ($7,500.00) DOLLARS and to authorize the Town Administrator to enter into a contract or contracts for professional services to undertake a review and update of the position job descriptions and classifications of those employees covered under the collective bargaining agreement with the Office and Professional Employees International Union (O.P.E.I.U.), or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) TRANSFER CUSTODY OF TAX TITLE PROPERTY ARTICLE NO. 18: 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 acquired after non-payment of real estate taxes: Assessors’ Information Acres Location Map 38 Parcel 3 3.50 Acres Dennis Town Line Map 38 Parcel 21 3.27 Acres Slough Road Map 51 Parcel 22 1.63 Acres Cranview Road or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) OPEN SPACE / GIFT OF LAND ARTICLE NO. 19: To see if the Town will vote to authorize the Board of Selectmen to acquire the land that is designated on the Board of Assessors’ Maps, as follows: Assessors’ Information Location 1. Map No. 42, Parcel No. 23-1 Aunt Sophie’s Road said acquisition to be undertaken by gift, purchase or by an eminent domain taking under the General Laws, Chapter No. 79 and any other enabling authority for use as open space; to appropriate a sum of money to pay for land acquisition, tax awards, financing, and other costs incidental and related thereto; to authorize the Board of Selectmen to apply for, accept, and expend any funds which may be provided by the Commonwealth of Massachusetts or some other source to defray a portion or all of the costs of acquiring this property; and to authorize the Conservation Commission to assume the care, custody, control and management of this property, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) STATE LEGISLATION / PERSONAL PROPERTY TAX ACCOUNTS ARTICLE NO. 20: To see if the Town will vote to accept the provisions of Chapter 59, Section 5, Clause 54 of the General Laws, to establish a minimum fair cash value required for personal property accounts to be taxed up to $2,000, or to take any other action relative thereto. (Majority Vote Required) (Board of Assessors) 12 12 ACCEPTANCE OF STATE LEGISLATION / RETIREES HEALTH INSURANCE BENEFITS ARTICLE NO. 21: To see if the Town will vote to accept the provisions of Massachusetts General Laws , Chapter 32B, Section 18, as now and hereafter amended, which allows the town to shift a significant portion of its retirees’ health insurance costs to the federal Medicare program, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) PLEASANT BAY MANAGEMENT ALLIANCE AGREEMENT ARTICLE NO. 22: To see if the Town will vote to adopt the 1998 Pleasant Bay Resource Management Plan, as updated in 2003, to authorize the Board of Selectmen to enter an implementing intermunicipal agreement which will extend through November 30, 2008 and which is available for inspection in the Selectmen’s office, 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. (Majority Vote Required) (Board of Selectmen) SATURDAY TOWN MEETING / TOWN CODE AMENDMENT ARTICLE NO. 23: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 48 Town Meetings, Article I Annual Town Meeting, Section 48-1. Designation of time., by repealing that Section, which currently reads: § 48-1. Designation of time. The town will hold two regularly scheduled Town Meetings. The Spring Annual Town Meeting for the transaction of all business for the town, other than matters to be determined by ballot, shall be held on the first Monday in May at 7:00 p.m. The Annual Election for the election of officers and such matters as are by law determined by ballot shall be held on the third Tuesday in May. Whenever the Annual Election for the election of officers and such matters as are by law determined by ballot falls fewer, than two weeks after the scheduled beginning of the Spring Annual Town Meeting then the Annual Election shall be held on the fourth Tuesday in May. The Fall Yearly Town Meeting will be held on the third Monday in November to address the transactions of all business for the town. Whenever this schedule places it in the same week as Thanksgiving Day, the Fall Yearly Town Meeting shall be held instead on the second Monday in November. by substituting for it the following: § 48-1. Designation of time. The town will hold two regularly scheduled Town Meetings. The Spring Annual Town Meeting for the transaction of all business for the town, other than matters to be determined by ballot, shall be held on either the first Monday in May at 7:00 p.m. or the first Saturday in May at 10 a.m. The Annual Election for the election of officers and such matters as are by law determined by ballot shall be held on the third Tuesday in May. Whenever the Annual Election for the election of officers and such matters as are by law determined by ballot falls fewer, than two weeks after the scheduled beginning of the Spring Annual Town Meeting then the Annual Election shall be held on either the fourth Tuesday in May or the fourth Saturday in May. The Fall Yearly Town 13 13 Meeting will be held on either the third Monday in November or the third Saturday in November to address the transactions of all business for the town. Whenever this schedule places it in the same week as Thanksgiving Day, the Fall Yearly Town Meeting shall be held instead on either the second Monday in November or the second Saturday in November. The schedule will provide for town meetings to be held on a Monday in calendar year 2007, and the town meetings to be held on the Saturdays in calendar year 2008. The town meeting schedule will alternate annually thereafter. or to take any other action relative thereto. (Majority vote required) (Citizen Petition) ZONING BYLAW AMENDMENT / CONSTRUCTION TRADES ARTICLE NO. 24: To see if the Town of Brewster will vote to amend the Zoning Code of the Town of Brewster to create a new definition called “Building and Construction Trades Shop or Garage” and to allow said use by Special Permit in the CH zone, and to add the following wording to insert the following definition, alphabetically, under Section 179-2 as follows: Building and Construction Trades Shop or Garage – a single structure or up to 4 separate structures, the combined square footage of which shall not exceed 6000 square feet, housing up to four building trade-related businesses, such as construction, electrical heating or plumbing contracting, but not including excavation or septic installer. All business activities shall be confined to within the structure(s). And to further revise Table 1, “Use Regulations” of Section 179-11 of the Zoning Code, “Wholesale and Manufacturing”, and insert the following wording: R-R R-L R-M C-H V-B I MRD PWF 10. Building and Construction Trades - - - S - - - - Shop or Garage or take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) ZONING BYLAW AMENDMENT/SUBDIVISION SIGNS 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 VI Signs, Section 179-20., “Signs permitted in residential districts”, Section A. “Residential uses (no permit required)”, to add a new subsection (4) to read as follows: (4) One (1) “subdivision identification sign” to identify the name of a residential subdivision or associated neighborhood, free standing or attached to a permitted structure, fence, wall or a rock, not to exceed nine (9) square feet in area. or to take any other action relative thereto. (Two-thirds Vote Required) (Planning Board) 14 14 ZONING BYLAW AMENDMENT/ DEFINITION OF PRINCIPAL BUILDING ARTICLE NO. 26: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 (The Zoning Bylaw), by deleting the current definition of “BUILDING” and adding a new definition of “BUILDING PRINCIPAL” to Section 179-2 which shall read as follows: BUILDING, PRINCIPAL: The structure in which the primary use of the lot is conducted, including porches, patios, decks, utility buildings and any other attached projections of the structure. The principal structure shall include a structure, whether portable or fixed , wholly or partly enclosed within walls, party walls and roof, built, erected and framed of component structural parts, designed for housing, shelter, enclosure and support of individuals, animals or property of any kind. For purposes of this definition, “roof” shall include an awning or similar covering, whether or not permanent in nature. or to take any other action relative thereto. (Two-thirds Vote Required) (Planning Board) ZONING BYLAW AMENDMENT/ LOTS IN TWO TOWNS ARTICLE NO. 27: 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 adding a NEW SUBSECTION “F” to Section 179-5, “Determination of boundaries” which shall read as follows: F. When a lot in one ownership is situated so that a part of it is in Brewster and part is in an adjacent town, the provisions of this bylaw shall be applied to that portion of the lot which lies in Brewster in the same manner as if the entire lot were situated therein; i.e., the entire area and frontage shall be considered in determining conformity to the dimensional requirements herein. The use of the portion of the lot in Brewster shall conform to the provisions herein. or to take any other action relative thereto. (Two-thirds Vote Required) (Planning Board) ZONING BYLAW AMENDMENT/CITIZENS PETITION ARTICLE NO. 28: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179, also known as the Zoning By- laws, Article V Area and Bulk Regulations, Section 179-16 Tables of Regulations, Table 2 Area Regulations, by repealing the current V-B District Use, Area, Lot Frontage, Yard Front, Yard Side and Yard Rear minimum requirements which currently are: Yards District Use Area Lot Frontage Front Side Rear square feet) (feet) (feet) (feet) (feet) V-B Any other permitted 15,000 80 30 15 15 structure or principal use and substituting the following under the same, respective use and dimensional headings and adding a new note 16 to said Table 2. V-B Any permitted residential 20,000 80 30 15 15 structure (16) Any other permitted 15,000 80 30 15 15 structure or principal use 15 15 (16) The provisions of Section 179-13.B shall not apply to the V-B Zone. or to take any other action relative thereto. (Two-thirds Vote Required) (Citizens Petition) PRIVATE ROAD BETTERMENT PROJECT/ HERRING BROOK LANE ARTICLE NO. 29: 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: Herring Brook Lane and furthermore, to authorize the Board of Selectmen to proceed with the reconstruction of this way after it has determined that the provisions of the Brewster Town Code, Chapter 157, Article VIII, Section 157-20 have been satisfied; to raise and appropriate, transfer from available funds, and/or to obtain by borrowing the sum of ONE HUNDRED TWENTY-FIVE THOUSAND AND 00/00 ($125,000.00) 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 THREE THOUSAND SIX HUNDRED AND 00/100 ($3,600.00) 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) PRIVATE ROAD BETTERMENT PROJECT/ FIDDLERS LANE ARTICLE NO. 30: 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: Fiddlers Lane and furthermore, to authorize the Board of Selectmen to proceed with the reconstruction of this way after it has determined that the provisions of the Brewster Town Code, Chapter 157, Article VIII, Section 157-20 have been satisfied; to raise and appropriate, transfer from available funds, and/or to obtain by borrowing the sum of ONE HUNDRED EIGHTY THOUSAND AND 00/00 ($180,000.00) 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 ONE HUNDRED AND 00/100 ($5,100.00) 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) 16 16 WATER BETTERMENT PROJECT/ FIDDLERS LANE ARTICLE NO. 31: To see if the Town will vote to authorize the Water Commissioners to install a water main in the following road: Fiddlers Lane and furthermore, to authorize the Water Commissioners to proceed with the installation of this water main in this way after it has determined that the provisions of the Brewster Town Code, Chapter 171, Article I have been satisfied; to raise and appropriate, transfer from available funds, and/or to obtain by borrowing the sum of NINETY-SIX THOUSAND AND 00/00 ($96,000.00) 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 8 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 TWO THOUSAND SEVEN HUNDRED AND 00/100 ($2,700.00) DOLLARS, to be recovered with all water main installation 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) (Water Commission) SOLAR ENERGY SYSTEM / TOWN HALL ARTICLE NO. 32: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of FIFTY THOUSAND AND 00/100 ($50,000.00) DOLLARS for the installation of a solar energy system on the Brewster Town Hall, or to take any other action relative thereto. (Majority Vote Required) (Citizens Petition) FINCH SKATEBOARD PARK ARTICLE NO. 33: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of THREE THOUSAND SEVEN HUNDRED AND 00/100 ($3,700.00) DOLLARS to finance and supplement five hundred and 00/100 ($500.00) dollars already in the Brewster Recreation Department budget to finance operational costs relative to the operation of Finch Skateboard Park in Orleans. Finch Skateboard Park is managed by the Recreation Directors of Brewster, Orleans and Eastham and is contracted by the Nauset Together We Can Prevention Council, Inc., a non-profit organization. The total amount of $4,200.00 is equal to the share paid by Eastham and Orleans on an annual basis. It is anticipated that Finch Skateboard Park will be re-created with new modular, concrete ramps in July, 2007, and , or to take any other action relative thereto. (Majority Vote Required) (Citizens Petition) PENSION FUND ARTICLE NO. 34: To see if the Town will vote to transfer from available funds the sum of FIFTY THOUSAND AND 00/100 ($50,000.00) DOLLARS to add to the Pension Fund, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) 17 17 STABILIZATION FUND ARTICLE NO. 35: To see if the Town will vote to transfer from available funds the sum of TWO HUNDRED THOUSAND AND 00/100 ($200,000.00) DOLLARS to add to the Stabilization Fund, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) ANY OTHER BUSINESS ARTICLE NO. 36: 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 __th day of March, 2007. Dyanne F. Cooney, Chairman Edward S. Lewis, Vice-Chairman James R. Ehrhart, Clerk Peter G. Norton James W. Foley 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 7, 2006 by posting attested copies thereof, in the following locations in the Town on the ____ day of 2007. Brewster Town Offices Brewster Farms Brewster Ladies Library Brewster Pizza House The Brewster Store Millstone Liquors U. S. Post Office. __________________________ Roland W. Bassett, Constable