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HomeMy Public PortalAbout2007-05-07-Annual Town Mtg ReportReport of the Annual Town Meeting May 7th, 2007 In accordance with the Warrant, the Annual Town Meeting was held in the Stony Brook Elementary School Cafetorium, Monday, May 7th, 2007. The meeting was called to order at 7pm by the Moderator, Stephen L. Doyle. The Tellers were; June F. Gallant, Ruth Hanlon, Sheila Gerhardt, John F. Galante, Pat Galante, Dave Lahive. The Checkers were; Elizabeth Hardy, Nancy Berbrick, Ken Berbrick, John Unger, Maureen Steinmann, Joanne Hush, Janet Norton, and Colette Williams. Gerri Tursi was present as the Chairman for the Board of Registrars. 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 objections, the Moderator dispensed with the reading of all the 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) MOTION: I move that the town vote to indefinitely postpone consideration of article no. 1. ACTION: Adopted Unanimously 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, 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) 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 $730,374.00 for this purpose. ACTION: Adopted Unanimously 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: 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) MOTION: I move that the town vote to approve article no. 4 as printed in the warrant and to raise and appropriate the sum of $5,531,389.00 for this purpose. ACTION: Adopted Unanimously 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 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) MOTION: I move that the town vote to approve article no. 5 as printed in the warrant however that: 1. line item no. 4 (Debt Service) be amended from the sum of $2,787,753.00 to $2,745,120.00, and 2. line item no. 21 (Assessments) be amended from the sum of $26,261.00 to $26,874.00 and therefore to amend the grand total from the sum of $17,312,948.00 to $17,270,928.00; and in order to appropriate this amended total sum of $17,270,928.00 that the town raise and appropriate the sum of $15,877,192.00, and transfer the sums of: • $206,175.00 from the Road Betterment Fund, • $125,000.00 from the Overlay Surplus account, • $318,000.00 from the Golf Cart Receipts Reserved for Appropriation account, • $125,000.00 from the Pension Reserve account, • $151,208.00 from the Community Preservation fund for open space debt payments, • $60,000.00 from the Tele-communications account, • $5,000.00 from the Wetlands Filing Fee account, • $319,800.00 from the Ambulance Receipts Reserved for Appropriation account and • $83,553.00 from the Fund Balance Reserved for Debt Exclusion for this purpose. AMENDMENT TO THE MOTION: I move that the town vote to amend line no. 5 (Town Clerk Staff Wages) from the sum of $42,890.00 to $46,060.00 and therefore to amend the grand total from the sum of $17,270,928.00 to 17,274,098.00; and in order to appropriate this amended total sum of $17,274,098.00 that the town raise and appropriate the sum of $15,880,362.00. ACTION ON AMENDED MOTION: Defeated ACTION ON MAIN MOTION: 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, 2008, as follows; 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) MOTION: I move that the town vote to approve article no. 6 as printed in the warrant and to raise and appropriate the sum of $8,354,885.00 for this purpose. ACTION: Adopted 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) MOTION: I move that the town vote to approve article no. 7 as printed in the warrant. ACTION: Adopted 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; 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) MOTION: I move that the town vote to approve article no. 8 (1a) as printed in the warrant. ACTION: Adopted Unanimously MOTION: I move that the town vote to approve article no. 8 as printed in the warrant and to appropriate the sum of $1,116,263.00 from Community Preservation Fund for these purposes. ACTION: Adopted Unanimously 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) MOTION: I move that the town vote to approve article no. 9 as printed in the warrant and to transfer the sum of $53,679.00 from Free Cash for these purposes. ACTION: Adopted Unanimously 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 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. 10 as printed in the warrant and to transfer the sum of $24,500.00 from Free Cash for this purpose. ACTION: Adopted 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) MOTION: I move that the town vote to approve article no. 11 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’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) MOTION: I move that the town vote to approve article no. 12 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. 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) MOTION: I move that the town vote to approve article no. 13 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. 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) MOTION: I move that the town vote to approve article no. 14 as printed in the warrant. ACTION: Adopted Unanimously 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) MOTION: I move that the town vote to approve article no. 15 as printed in the warrant, and to appropriate the total sum of $1,186,000.00, and in order to appropriate this sum that the town transfer the sums of: • $168,000.00 from the Golf Cart Receipts Reserved for Appropriation account, • $583,000.00 from Free Cash, • $20,000.00 from the Telecommunications account, • $300,000.00 from the Stabilization fund and • $115,000.00 from the Ambulance Receipts Reserved for Appropriation account for these purposes. ACTION: Adopted 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) MOTION: I move that the town vote to approve article no. 16 as printed in the warrant and to transfer the sum of $24,000.00 from Overlay Surplus for this purpose. ACTION: Adopted 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) MOTION: I move that the town vote to approve article no. 17 as printed in the warrant and to transfer the sum of $7,500.00 from Free Cash for this purpose. ACTION: Adopted Unanimously 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) MOTION: I move that the town vote to approve article no. 18 as printed in the warrant. ACTION: Adopted 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) MOTION: I move that the town vote to approve article no. 19 as printed in the warrant. ACTION: Adopted Unanimously 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) MOTION: I move that the town vote to approve article no. 20 as printed in the warrant. ACTION: Adopted 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) MOTION: I move that the town vote to approve article no. 21 as printed in the warrant. ACTION: Adopted Unanimously 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) MOTION: I move that the town vote to approve article no. 22 as printed in the warrant and to transfer the sum of $11,175.00 from Free Cash for this purpose. ACTION: Adopted Unanimously 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 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) MOTION: I move that the town vote to approve article no. 23 as printed in the warrant. ACTION: Defeated 99-Yes 188-No 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) MOTION: I move that the town vote to indefinitely postpone consideration of article no. 24. ACTION: Defeated MOTION: I move that the town vote to approve article no. 24 as printed in the warrant. ACTION: Adopted by a declared 2/3 vote 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) MOTION: I move that the town vote to approve article no. 25 as printed in the warrant. ACTION: Adopted Unanimously 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) MOTION: I move that the town vote to approve article no. 26 as printed in the warrant. ACTION: Adopted by a declared 2/3 vote. 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) MOTION: I move that the town vote to approve article no. 27 as printed in the warrant. ACTION: Adopted Unanimously PRIVATE ROAD BETTERMENT PROJECT/ HERRING BROOK LANE (formerly posted as Article 29) ARTICLE NO. 28: 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) MOTION: I move that the Board of Selectmen is hereby authorized to undertake a series of temporary road repairs to the following road: Herring Brook Lane 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 TWENTY-FIVE THOUSAND AND 00/00 DOLLARS ($125,000.00) 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 said amount, 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. 13 (Blueberry Pond Road Betterment project) of the November 1998 Special Town Meeting 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. ACTION: Adopted Unanimously PRIVATE ROAD BETTERMENT PROJECT/ FIDDLERS LANE (formerly posted as Article 30) 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: 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) MOTION: I move that the Board of Selectmen is hereby authorized to undertake a series of temporary road repairs to the following road: Fiddler's Lane 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 EIGHTY THOUSAND AND 00/00 DOLLARS ($180,000.00) 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 said amount, 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. 5 (Barons Way Betterment project) of the May 2005 Annual Town Meeting the sum of FIVE THOUSAND ONE HUNDRED DOLLARS 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. ACTION: Adopted Unanimously WATER BETTERMENT PROJECT/ FIDDLERS LANE (formerly posted as Article 31) ARTICLE NO. 30: 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) MOTION: I move that the Water Commissioners are hereby authorized to install a water main in the following road: Fiddlers Lane and furthermore, that the Water Commissioners are authorized to proceed with the installation of this water main in this way after they have determined that the provisions of the Brewster Town Code, Chapter 171, Article I have been satisfied; to appropriate 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; and that to meet this appropriation, the Town Treasurer, with the approval of the Board of Selectmen, be and hereby is authorized to borrow said amount, under and pursuant to Massachusetts General Laws Chapter 44, Sections 7 and 8 or pursuant to any other enabling authority, and to issue notes and bonds of the Town therefor; and, initially, to transfer from article no. 15 (Sears Road Water Betterment project) of the November 2000 Special Town Meeting the sum of TWO THOUSAND SEVEN HUNDRED AND 00/100 ($2,700.00) DOLLARS, to be recovered with all watermain installation costs through the betterment assessments against the abutters, to pay the first year’s principal and interest expenses for this project. ACTION: Adopted Unanimously SOLAR ENERGY SYSTEM / TOWN HALL (formerly posted as Article 32) ARTICLE NO. 31: 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) MOTION: I move that the town vote to approve article no. 31 as printed in the warrant and to transfer the sum of $50,000.00 from Free Cash for this purpose. ACTION: Defeated FINCH SKATEBOARD PARK (formerly posted as Article 33) ARTICLE NO. 32: 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) MOTION: I move that the town vote to approve article no. 32 as printed in the warrant and to transfer the sum of $3,700.00 from Free Cash for this purpose. AMENDMENT TO THE MOTION: I move that the town vote to amend the motion for article no. 32 to require that these funds be used solely for repair and/or construction related purposes for the Finch Skateboard Park. ACTION ON AMENDED MOTION: Adopted 144-Yes 113-No ACTION ON MAIN MOTION: Adopted PENSION FUND (formerly posted as Article 34) ARTICLE NO. 33: 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) MOTION: I move that the town vote to approve article no. 33 as printed in the warrant and to transfer the sum of $50,000.00 from Free Cash for this purpose ACTION: Adopted STABILIZATION FUND (formerly posted as Article 35) ARTICLE NO. 34: 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) MOTION: I move that the town vote to approve article no. 34 as printed in the warrant and to transfer the sum of $200,000.00 from Free Cash for this purpose. ACTION: Adopted Unanimously ANY OTHER BUSINESS (formerly posted as Article 36) ARTICLE NO. 35: 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 2007 Annual Town Meeting. ACTION: Adopted Unanimously A True Copy Attest: Mildred A. Unger Town Clerk