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HomeMy Public PortalAbout2000-05-01 Annual Town Mtg ReportReport of the SPECIAL TOWN MEETING May 1, 2000 In accordance with the Warrant, the Special Town Meeting was held in the Brewster Elementary School Cafetorium, Monday, May 1, 2000. __ The meeting was called to order at 7:10 p.m. by the Moderator, Stephen L. Doyle. The Tellers were Elizabeth M. Hardy, Sheila Gerhardt, Ruth Hanlon, June Gallant, Kenneth Berbrick and Althea Alling. The Checkers were Joanna Tabbutt, Mildred Unger, Janet Norton, Sherry Ryder, Germaine Cummins, Dorothy Leone, Ann Golini and Nancy Berbrick A quorum was present. Town Clerk, Joan K. Cole, read the Special Town Meeting Warrant and the return of the Warrant. There being no objection, the Moderator dispensed with the reading of all the articles. UNPAID BILLS ARTICLE 1. To see if the Town will vote to transfer from available funds a sum of money to pay unpaid bills from a previous fiscal year, or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to indefinitely postpone consideration of Article l. ACTION: ADOPTED BUDGETARY TRANSFERS ARTICLE2. To see if the Town will vote to transfer from available funds and/or appropriate from surplus funds in some departments an amount of money to be used in conjunction with funds appropriated under current fiscal year budgets during the current fiscal year to pay shortfalls that would otherwise exist in the Fiscal Year 2000 budgets of other departments, or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to approve Article 2 and to transfer various funds within Article 7 of the 1999 Annual Town Meeting to finance Fiscal Year 2000 shortfalls, as follows: a) Transfer the sum of $4,000.00 from Line Item 9 (Legal Services) to Line Item 2 (Board of Selectmen's Expenses; b) Transfer the sum of $1,936.00 from Line item 9 (Legal Services) to Line Item 7 (Assessor's Expenses: c) Transfer the sum of $500.00 from Line Item 9 (Legal Services) to Line item 10 (Town Clerk's Staff Wages); d) Transfer the sum of $500.00 from Line Item 9 (Legal Services) to Line Item 17 (Town Hall Maintenance Wages); e) Transfer the sum of $3,000.00 from Line item 31 (Department of Public Works Solid Waste) to Line Item 31 (Department of Public Works Wages); f) Transfer the sum of $3,000.00 from Line Item 31 (Department of Public Works Solid Waste) to Line Item 31 (Department of Public Works road Machinery); Weights (each): Avoirdupois Metric Apothecary Troy Liquid Measures (inches): Inlet Y:? or less, oil and grease Inlet Y:? to l, gasoline pump Inlet more than 1 Vehicle tank pump Vehicle tank, gravity Bulk storage Bulk with prover supplied Pumps, each stop Liquid Tanks Other: Taxi meter Odometer/Hubometer Fabric Measure Leather measure All other measures Yardstick Tapes Wire Rope Cordage Milk Jars Gross Dry Measures Re-inspection [$ LOO] [$ LOO] [$ LOO] [$ LOO] [$ 5.00] [$ 8.00] [$ 15.00] [$ 20.00] [$ 40.00] [$ 20.00] [$ 6.00] [$ 6.00] [$ 4.00] [$ 4.00] [$ LOO] $ 5.001$ 3.00 Delete Delete Delete Delete $ 15.00/$10.00 $ 25.00/$20.00 $ 40. 00/$30. 00 $ 40.00/$30.00 $ 40. 00/$30. 00 $ 50.00/$30.00 $ 5.001$ 5.00 $ 5.00/$ 5.00 $ 3.00/$ 3.00 $ 25.00/$20.00 $ 35.00/$20.00 $ 15.00/$10.00 $100.00/$75.00 $ 15.00/$10.00 $ 15.00/$10.00 $ 15.00/$10.00 $ 15.00/$10.00 $ 15.00/$10.00 $ 50.00/$30.00 $ 50.00 each The above referenced proposed fee schedule is grouped on the basis whereby the first three devices will be charged at the first rate. If there are four or more units the second rate will apply. or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to approve Article 4 as printed in the Warrant. ACTION: ADOPTED FIREWORKS DISPLAY ARTICLE 5-To see if the Town will vote to transfer from available funds the sum of ONE-THOUSAND AND 001100($1,000.00) DOLLARS to participate with the towns of Orleans and Eastham in funding the costs associated with the 4th of July fireworks display, which is held annually in the Town of Orleans, and to authorize the Board of Selectmen to solicit bids, enter into contracts, accept gifts and expend these funds for this project, or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to approve Article 5 as printed in the Warrant and to transfer the sum of $1,000.00 from Free Cash for this purpose. ACTION: ADOPTED 3 COA I OLD TOWN HALL BUILDING HVAC ENGINEERING EXPENSE ARTICLE 6. To see if the Town will vote to authorize the Town Administrator to develop a plan and specifications for the installation of a new heating and/or cooling system in the COA/Old Town Hall Building and to transfer from available funds a sum of money, and to authorize the Town Administrator to solicit bids or proposals, enter into contracts and expend said funds for this purpose, or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to approve Article 6 as printed in the Warrant and to transfer the sum of $6,500.00 from Free Cash for this purpose. ACTION: ADOPTED UNANIMOUSLY GOLF ENTERPRISE FUND ARTICLE 7. To see ifthe Town will vote to terminate and close its Golf Enterprise Fund, to transfer into Town's general fund and the golf receipts reserved for appropriations account all funds in this account at the time it is closed, to delay the effect of this vote until June 30, 2000 or the effective date of the special legislation enabling the Town to terminate its Golf Enterprise Fund, whichever is later, or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to approve Article 7 as printed in the Warrant. ACTION: ADOPTED STONY BROOK ELEMENTARY SCHOOL CEILING REPAIR ARTICLES. To see if the Town will vote to authorize the School Superintendent to develop a plan and specifications for the installation of a new ceiling system in the Stony Brook Elementary School and, for this purpose, to transfer from available funds a sum of money, and to authorize the School Superintendent to solicit bids or proposals, enter into contracts and expend said funds for this purpose, or to take any other action relative thereto. (School Committee) MOTION: I move that the town vote to approve Article 8 as printed in the Warrant and to transfer the sum of $10,000.00 from Free Cash for this purpose. ACTION: ADOPTED UNANIMOUSLY ANY OTHER BUSINESS ARTICLE9. meeting. To act upon any other business that may legally come before this MEETING ADJOURNED at 7:25 p.m. A TRUE COPY ATTEST: Joanna Tabbutt Assistant Town Clerk 4 Report of the ANNUAL TOWN MEETING In accordance with the Warrant, the Annual Town Meeting was held in the Brewster Elementary School Cafetorium, Monday, May l, 2000. The meeting was called to order at 7:00 p.m. by the Moderator, Stephen L. Doyle. The Tellers were Elizabeth M. Hardy, Sheila Gerhardt, Ruth Hanlon, June Gallant, Kenneth Berbrick and Althea Alling. The Checkers were Joanna Tabbutt, Mildred Unger, Janet Norton, Sherry Ryder, Germaine Cummins, Dorothy Leone, Ann Golini and Nancy Berbrick A quorum was present. Town Clerk, Joan K. Cole, read the Annual Town Meeting Warrant and the return of the Warrant. There being no objection, the Moderator dispensed with the reading of all the articles. MOTION: I move that the Town vote to approve Articles 1, 2, 3, 13, 14, 26, 27, 28, 29 and 30 as printed in the Warrant and to raise and appropriate the sum of $2,700.00 and transfer the sum of $1,000.00 from the Ambulance Receipts Reserved for Appropriation Account for these purposes. ACTION: ADOPTED ANNUAL REPORT ARTICLE 1. To act upon the Annual Town Report of the Board of Selectmen, Town Officers and/or other Special Committees, or to take any other action relative thereto. (Board of Selectmen) MOTION: Moved under the consent calendar. ACTION: ADOPTED HERRING FISHERIES ARTICLE 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. (Alewife Committee) MOTION: Moved under the consent calendar. ACTION: ADOPTED COMPOST BIN GRANT REVOLVING FUND ARTICLE 3. To see if the Town will vote, pursuant to General Laws, Chapter 44, Section 53El/2, as amended, to re-authorize the establishment and maintenance of a revolving fund for the continuance of the Composting Bin Account Program; to authorize the deposit of revenues from the sale of compost bins into the revolving fund; to authorize the Town Administrator to expend from these funds, for the purchase of additional compost bins, an amount not exceeding the funds on deposit in the account and, in no event, more than the statutory limit; and to authorize the Town Administrator during the ensuing fiscal year to enter into contracts for this purpose, or to take any other action relative thereto. (Board of Selectmen) MOTION: Moved under the consent calendar. ACTION: ADOPTED 5 CAPE COD VOCATIONAL TECHNICAL HIGH SCHOOL OPERATING BUDGET ARTICLE 4. 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, 2001 as follows: EXPENDED APPROPRIATED REQUESTED ITEM DEPARTMENT FY1999 FY2000 FY2001 1 CAPE COD TECH. ASSESSMENT $4 72,425.00 $518,176.00 $620,549.00 TOTAL ASSESSMENT $4 72,425.00 $518,176.00 $620,549.00 or to take any other action relative thereto. (Cape Cod Vocational Technical School Committee) MOTION: I move that the Town vote to approve Article 4 as printed in the Warrant and to raise and appropriate the sum of $620,549.00 for this purpose. ACTION: ADOPTED UNANIMOUSLY ELEMENTARY SCHOOLS OPERATING BUDGET ARTICLE 5. 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, 2001, as follows: ITEM DEPARTMENT 1 ELEMENTARY SCHOOL BUDGET TOTAL ELEMENTARY SCHOOLS or to take any other action relative thereto. EXPENDED APPROPRIATED FY1999 FY2000 $3,944,303.00 $4,504,291.00 $3,944,303.00 $4,504,291.00 REQUESTED FY2001 $4,831,135.00 $4,831,135.00 (Brewster School Committee) MOTION: I move that the Town vote to approve Article 5 as printed in the Warrant and to raise and appropriate the sum of $4,831,135.00 for this purpose. ACTION: ADOPTED UNANIMOUSLY TOWN OPERATING BUDGET ARTICLE 6. To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray Town charges and expenses, and furthermore, to fix the salary and compensation of all elected officials of the Town as provided in Section No. 108 of Chapter No. 41 of the General Laws, as amended, for the Fiscal Year ending June 30, 2001, as follows: SELECTMEN EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY99 FY2000 FY2001 1 MODERATOR WAGES 300.00 300.00 300.00 2 SELECTMEN'$ WAGES 4,980.76 5,250.00 5,250.00 STAFF WAGES 34,632.08 35,674.00 35,720.00 EDUCATIONAL REIMB 893.95 2,700.00 2,700.00 EXPENSES 25,824.99 22,450.00 24,750.00 3 GREENHEAD FLY ASSMT 517.50 750.00 750.00 4 ADMINISTRATOR WAGES 160,977.15 169,207.00 176,894.00 EXPENSES 6,510.89 6,500.00 6,680.00 6 5 FINCOM EXPENSES 404.61 1,000.00 1,000.00 RESERVE FUND 27,712.96 100,000.00 100,000.00 6 ACCOUNTANT WAGES 84,168.47 86,426.00 87,140.00 AUDIT OF ACCOUNTS 13,000.00 13,000.00 13,000.00 EXPENSES 1,421.46 2,105.00 1,935.00 COMPUTER EXPENSES 16,567.83 29,900.00 65,617.00 7 ASSESSOR WAGES 103,403.19 108,407.00 109,376.00 EXPENSES 18,705.50 17,515.00 19,750.00 8 TREAS/COLL WAGES 137,144.38 142,876.00 146,519.00 EXPENSES 41,437.27 49,445.00 51,445.00 9 LEGAL EXPENSES 83, 140.73 72,500.00 72,500.00 10 TOWN CLERK'S WAGES 40,850.00 42,990.00 45,230.00 CLERK STAFF WAGES 30,002.72 46,347.00 47,297.00 EXPENSES 5,648.23 5,614.00 7,599.00 11 ELECTION WAGES 9,739.95 5,795.00 9,559.00 EXPENSES 4,940.00 3,400.00 5,100.00 12 REGISTRAR WAGES 14,478.39 3,076.00 3,500.00 EXPENSES 7,723.19 5,450.00 3,600.00 EXPENSES 2,350.00 2,350.00 1,950.00 13 PLANNING WAGES 25,544.31 25,888.00 26,353.00 EXPENSES 7,723.19 5,450.00 3,600.00 14 VEHICLE POOL MAINT 1,500.00 1,000.00 2,500.00 15 APPEALS BOARD WAGES 5,816.00 5,985.00 6,500.00 EXPENSES 755.51 1,600.00 150.00 16 TOWN HALL MAINT WAGES 43,899.87 44,262.00 44,945.00 EXPENSES 44,450.68 45,400.00 44,200.00 COA BLDG EXPENSES 8,492.71 11,800.00 12,600.00 17 TOWN REPORT EXPENSES 7,950.00 8,500.00 8,500.00 18 DRUMMER BOY EXPENSES 147.25 450.00 450.00 19 DEBT SERVICE 3,034,272.50 2,476,120.00 3,782,393.00 20 FRINGE BENEFITS 790,977.04 929,125.00 1,096,225.00 21 RETIREMENT/PENSION 486,106.26 605,329.00 652,443.00 22 UNCLASSIFIED 83,564.90 84,000.00 92,000.00 23 LIABILITY INSURANCE 187,928.20 211,597.00 225,489.00 24 CONSTABLE 250.00 250.00 250.00 25 POLICE WAGES 989,395.84 1,062,529.00 1,087,673.00 EXPENSES 102,789.96 139,010.00 102,727.00 26 FIRE/RESCUE WAGES 588,701.46 652,887.00 720,549.00 EXPENSES 47,221.03 48,300.00 49,300.00 27 BLDG INSPECTOR WAGES 174,844.82 183,127.00 187,547.00 EXPENSES 7,163.74 9,250.00 8,480.00 28 CONSERVATION WAGES 112,099.20 116,676.00 89,926.00 EXPENSES 24,654.57 36,605.00 54,955.00 29 DOG OFFICER EXPENSES 10,000.00 10,500.00 10,500.00 30 ALEWIVE COMM. WAGES 150.00 1,556.00 1,778.00 31 DPWWAGES 590,141.20 622,282.00 634,846.00 ROAD MACHINERY 23,810.02 23,400.00 26,900.00 SNOW & ICE CONTROL 103,223.47 60,000.00 60,000.00 INSECT/PEST CONTROL 966.00 1,000.00 1,100.00 EXPENSES 104,944.34 162,900.00 169,400.00 SOLID WASTE DISPOSAL 153,372.56 218,000.00 386,260.00 32 RECYCLING EXPENSES 899.73 500.00 500.00 33 STREETLIGHTING 10,940.26 10,000.00 9,000.00 34 BOARD OF HEALTH WAGES 106,390.48 109,420.00 109,976.00 VISITING NURSE ASSOC. 10,707.71 12,995.00 18,520.00 EXPENSES 5,372.90 7,245.00 6,345.00 OUT OF STATE TRAVEL 316.20 0.00 0.00 35 COUNCIL ON AGING WAGES 105,870.63 105,483.00 105,689.00 EXPENSES 9,690.11 10,200.00 10,350.00 36 OLD TOWN HALL MAINTENANCE 0.00 0.00 0.00 37 VETERANS' SERVICES 19,536.21 21,655.00 22,246.00 38 BREWSTER LADIES LIBRARY 285,459.37 309,255.00 330,029.00 39 LADIES LIBRARY MAINT 0.00 0.00 0.00 40 RECREATION WAGES 70,985.54 75,142.00 74,986.00 EXPENSES 26,455.02 24,358.00 24,358.00 41 GOLFWAGES 448,233.83 789,786.00 878,787.00 EXPENSES 270,464.83 465,759.00 603,556.00 42 HISTORIC DISTRICT WAGES 5,357.42 5,685.00 6,175.00 EXPENSES 554.62 700.00 50.00 ASSESSMENTS 6,000.00 6,000.00 6,000.00 43 MEMORIAL/VETERANS' DAY 1,232.32 1,300.00 1,300.00 44 OLD MILL SITE COMM. 3,877.69 3,550.00 3,700.00 45 WATER COMM. WAGES 2,200.00 2,200.00 2,200.00 WATER STAFF WAGES 383,088.95 406,997.00 419,197.00 OPERATING EXPENSES 131,804.28 171,364.00 177,119.00 EQUIPMENT EXPENSES 5,236.60 6,120.00 6,790.00 GRAND TOTAL 10,659,071.25 11,410,589.00 13,535,958.00 or to take any other action relative thereto. (Board of Selectmen) 7 MOTION: I move that the Town vote to approve Article 6 as printed in the Warrant; and in order to appropriate this total sum of $13,535,958.00, that the Town raise and appropriate the sum of $12,803,458.00; and transfer the sums of $122,500.00 from the Ambulance receipts Reserved for appropriation Account; $90,000.00 from the Overlay Surplus Account; and $520,000.00 from Free Cash for this purpose. AMENDED MOTION: I move to amend the main motion so that, in the event the special legislation for the Captains Golf Course (petitioned after the Town's vote under Article 14 of the 1999 Fall Yearly Town Meeting) has not been approved by the Massachusetts Legislature, then, in order to appropriate the same total of $13,535,958.00, the Town, for this purpose, will raise the sum of $10,118, 706.00, will transfer the sums of $122,500.00 from the Ambulance Receipts Reserved or Appropriation Account, will transfer the sum of $90,000.00 from the Overlay Surplus Account, and will transfer the sum of $2,684,752.00 from the Golf Enterprise fund. ACTION: ADOPTED UNANIMOUSLY NAUSET REGIONAL SCHOOLS OPERATING BUDGET ARTICLE 7. To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray Nauset Regional Schools charges and expenses for the Fiscal Year ending June 30, 2001, as follows: EXPENDED APPROPRIATED REQUESTED ITEM DEPARTMENT FY1999 FY2000 FY2001 1 NAUSET REGIONAL ASSESSMENT $5,065,995.00 $5,337,437.00 $5,619,856.00 TOTAL ASSESSMENT $5,065,995.00 $5,337,437.00 $5,619,856.00 or to take any other action relative thereto. (Nauset Regional School Committee) MOTION: I move that the Town vote to approve Article 7 as printed in the Warrant and to raise and appropriate the sum of $5,564,537.00 for this purpose. ACTION: ADOPTED ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS ARTICLE 8. To see if the Town will vote to accept the provisions of Massachusetts General Laws, Chapter 71, Section 16B, which would 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. (Nauset Regional School Committee) MOTION: I move that the Town vote to approve Article 8 as printed in the Warrant. ACTION: ADOPTED HUMAN SERVICES FUNDING ARTICLE 9. To see if the Town will vote to raise and appropriate and/or transfer from available funds these sums of money for the following organizations: 1. 2. 3. 4. 5. Cape Aids Resource Exchange and Services (CARES) Cape Cod Child Development Program, Inc. Cape Cod Council on Alcoholism & Drug Dependence, Inc. Cape Cod Human Services, Inc. Consumers Assistance Council, Inc. 8 $ 2,000.00 4,728.00 4,500.00 6,792.00 650.00 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Independence House, Inc. Interfaith Council for the Homeless of Lower Cape Cod Legal Services for Cape Cod & Islands, Inc. Lower Cape Outreach Council, Inc. Lower/Outer Cape Community Coalition Nauset, Inc. Sight Loss Services, Inc. of Cape Cod & Islands South Shore Mental Health -Cape Cod The Salvation Army Nauset Together We Can Prevention Council, Inc. Elder Services of Cape Cod ''Meals on Wheels" GRAND-TOTAL 2,539.00 2,200.00 3,600.00 3,400.00 600.00 5,900.00 600.00 6,500.00 2,000.00 5,000.00 4 000.00 $55,009.00 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. (Human Services Committee) MOTION: I move that the Town vote to approve Article 9 as printed in the Warrant and to raise and appropriate the sum of $55,009.00 for this purpose. ACTION: ADOPTED UNANIMOUSLY VISITOR'S CENTER, BREWSTER BOOK, BEACH GUIDE, ADVERTISING AND WEBSITE ARTICLE 10. To see if the Town will vote to raise and appropriate, and/or transfer from available funds, the sum of TWENTY-TWO THOUSAND AND 001100 ($22,000.00) DOLLARS to assist 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; 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 golf courses, and to authorize the Board of Selectmen to enter into a contract to provide these services to the Town, or to take any other action relative thereto. (Citizens' Petition) MOTION: I move that the Town vote to approve Article 10 as printed in the Warrant and to raise and appropriate the sum of $22,000.00 for this purpose. ACTION: ADOPTED CAPITAL EXPENDITURES ARTICLE 11. To see ifthe Town will vote to raise and appropriate and/or transfer from available funds a sum of money for the purpose of funding the following capital acquisitions and expenditures to be undertaken during Fiscal Year 2001 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 service as the case may be: ITEM DEPARTMENT 1 Board of Selectmen a. Old Town Hall/COA HVAC Replacement 9 RAISE AND APPROPRIATE TRANSFER FROM AVAILABLE FUNDS $40,000.00 2 3 4 5 6 7 8 9 10 Water Department a. Construction Account b. Utility Truck Replacement c. Well No. 2 Pump Replacement d. Well No. 4 Pump Replacement e. Well No. 4 Cleaning & Redevelopment f. Two-way Radio System Replacement g. Meter Reading Equipment Purchase h. Fence Installation Project Department of Public Works a. Drainage/Road Maintenance Expense b. Transfer Station Door Replacement c. High Lift Vehicle Floor Jack Equipment Police Department a. Police Cruiser Replacements b. Patrol Boat Replacement Fire Department a. Ambulance Replacement b. Defibrillator Equipment Purchase c. Thermal Camera Equipment Purchase d. Garage Ventilation Equipment Installation e. Remote Control Door Closures Installation f. Ladder Truck Lease Payment g. Rescue Billing Expense h. Rescue Equipment Purchase i. Rescue Boat Purchase and Equipment Golf Department a. Utility Tractor b. Fairway Aerifier c. Weather Station Equipment Purchase Board of Health a. Household Hazardous Waste Day Town Clerk a. Copier Replacement Stony: Brook Elementa!'.ll School a. Door Replacement Program b. Trim Repair and Painting Project c. Siding Replacement Project d. Field Rehabilitation Project e. Interior Door Equipment f. Building Security Equipment Eddy: Elementa[ll School a. Field Irrigation Project b. Building Security Equipment c. Fire Alarm System Replacement SUB-TOTALS RAISE AND APPROPRIATE TRANSFER FROM AVAILABLE FUNDS GRAND-TOTAL or to take any other action relative thereto. 10 $60,000.00 $25,000.00 $1,500.00 $59,080.00 $5,000.00 $8,000.00 $1,000.00 $6,000.00 $15,000.00 $10,000.00 $30,000.00 $10,000.00 $3,000.00 $31,000.00 $3,000.00 $15,000.00 $282,580.00 $80,000.00 $35,000.00 $25,000.00 $25,000.00 $25,000.00 $16,000.00 $7,000.00 $15,400.00 $17,000.00 $110,000.00 $24,000.00 $18,000.00 $75,000.00 $1,200.00 $14,000.00 $28,000.00 $7,500.00 $12,000.00 $30,000.00 $22,000.00 $10,000.00 $637,100.00 $282,580.00 $637,100.00 $919,680.00 (Board of Selectmen) MOTION: I move that the Town vote to approve Article 11 as printed in the Warrant; however, that the following line items be deleted: • Item 5A Ambulance Replacement in the amount of $110,000.00, • Item 9D Stony Brook Elementary School Field Rehabilitation in the amount of $30,000.00, • Item lOA Eddy Elementary School Field Irrigation Project in the amount of $31,000.00 And, in order to fund this total appropriation of $7 48,680.00 raise and appropriate the sum of $221,580.00 and transfer the sums of $116,200.00 from Free Cash; $17,000.00 from the Municipal Waterways Account; $193,400.00 from Water Revenues; $62,000.00 from either the Golf Enterprise Fund or the Golf Receipts Reserved for Appropriations Account (depending upon which account exists at that time); and $103,500.00 from the Ambulance Receipts Reserved for appropriations Account for these purposes. AMENDED MOTION: I move to amend the main motion under Article 11 by making these changes: DELETE ITEM 2B (Utility Truck Replacement) in the amount of $35,000.00, ACTION: DEFEATED DELETE ITEM 5C (Thermal Camera Equipment Purchase) in the amount of $18,000.00, ACTION: ADOPTED DELETE ITEM 5D (Garage Ventilation Equipment Purchase) in the amount of $75,000.00, ACTION: ADOPTED DELETE ITEM 5I (Rescue Boat Purchase and Equipment) in the amount of $12,000.00, ACTION: ADOPTED By reducing the total appropriation from $748,680.00 to $713,680.00, and in order to fund the amended total appropriation of $713,680.00 raising the sum of $221,5980.00, by transferring the $41,200.00 from Free Cash, by transferring the sum of $17,000.00 from the Municipal Waterway Account, by transferring the sum of $193,400.00 from Water Revenues, by transferring the sum of $62,000.00 from the Golf Enterprise Fund or the golf Receipts Reserved for Appropriation Account (depending upon which account exists at that time) and by transferring the sum of $73,500.00 from the Ambulance Receipts Reserved for Appropriation Account for these purposes. ACTION: ADOPTED PART-TIME CLERICAL POSITION SALARY ARTICLE 12. To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of FIVE THOUSAND AND 001100 ($5,000.00) DOLLARS to fund a part-time clerical position for the Town Offices Building, or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to approve Article 12 as printed in the Warrant and to raise and appropriate the sum of $5,000.00 for this purpose. ACTION: ADOPTED UNANIMOUSLY 11 FIRE DEPARTMENT SPECIAL DETAIL ACCOUNT ARTICLE 13. To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of ONE THOUSAND AND 001100 ($1, 000.00) DOLLARS to provide a cash balance for the Fire Department's Special Detail Account, or to take any other action relative thereto. (Fire Department) MOTION: Moved under the consent calendar. ACTION: ADOPTED SKATEBOARD PARK INTERMUNICIPAL AGREEMENT ARTICLE 14. To see if the Town will vote to authorize the Board of Selectmen to enter into an intermunicipal agreement with the Towns of Orleans and Eastham to operate and maintain a skateboard park, which is located in Orleans, Ma. on Eldredge Parkway, said contract will create a Steering Committee with representation from each town, appointed by the Recreation Commission, and to raise and appropriate and/or transfer from available funds the sum of SEVEN HUNDRED AND 001100 ($700.00) DOLLARS for this purpose, or to take any other action relative thereto. (Board of Selectmen) MOTION: Moved under the consent calendar. ACTION: ADOPTED SEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE 15. To see ifthe Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to meet the terms and conditions of the proposed Collective Bargaining Agreement, effective July 1, 2000, between the Town of Brewster and the Service Employee's International Union, Local 254, or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to indefinitely postpone consideration of Article 15. ACTION: ADOPTED OPEIU, UNITS A & B, COLLECTIVE BARGAINING AGREEMENT ARTICLE 16. To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to meet the terms and conditions of the proposed Collective Bargaining Agreement, effective July 1, 2000, between the Town of Brewster and the Office and Professional Employee's International Union, Units A & B, or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to indefinitely postpone consideration of Article 16. ACTION: ADOPTED 12 IAFF COLLECTIVE BARGAINING AGREEMENT ARTICLE 17. To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to meet the terms and conditions of the proposed Collective Bargaining Agreement, effective July 1, 2000, between the Town of Brewster and the International Association of Firefighters, or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to indefinitely postpone consideration of Article 17. ACTION: ADOPTED IBPO COLLECTIVE BARGAINING AGREEMENT ARTICLE 18. To see ifthe Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to meet the terms and conditions of the proposed Collective Bargaining Agreement, effective July 1, 2000, between the Town of Brewster and the International Brotherhood of Police Officers, or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to indefinitely postpone consideration of Article 18. ACTION: ADOPTED NON-UNION PERSONNEL WAGE FUNDING ARTICLE 19. To see ifthe Town will vote to raise and appropriate and/or transfer from available funds a sum of money to fund wage and salary adjustments for eligible employees covered by the Personnel Bylaw and other non-union employees, effective July 1, 2000, or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to approve Article 19 as printed in the Warrant and to raise and appropriate the sum of $68,000.00 for this purpose. ACTION: ADOPTED UNANIMOUSLY TRIENNIAL REVALUATION OF REAL AND PERSONAL PROPERTY ARTICLE 20. To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of FIFTEEN THOUSAND FIVE HUNDRED AND 001100 ($15,500.00) DOLLARS to perform the triennial revaluation of real and personal property in the Town of Brewster and to authorize the Deputy Assessor 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. (Board of Assessors) MOTION: I move that the Town vote to approve Article 20 as printed in the Warrant and to transfer the sum of $15,500.00 from the Overlay Surplus Account for this purpose. ACTION: ADOPTED UNANIMOUSLY 13 AMENDMENT TO ZONING BYLAW FOR RESTAURANTS ARTICLE 21. To see if the Town will vote to amend Brewster's zoning bylaws by inserting-in the proper alphabetical sequence -into the Code of the Town of Brewster, Massachusetts, Chapter 179, Article I, Section 179-2.B. the following new definition: Restaurant: An establishment in which food is prepared and served and customers' orders are taken and served at dining tables. A restaurant that otherwise satisfies the above-noted definition may contain one (1) takeout station. Restaurant establishments providing in-car, drive-through service are prohibited. or to take any other action relative thereto. (Planning Board) MOTION: I move that the Town vote to approve Article 21 as printed in the Warrant. ACTION: ADOPTED AMENDMENT TO ZONING BYLAW FOR CLUSTER PLANS ARTICLE 22. To see ifthe Town will vote to amend Brewster's zoning bylaws by making the following modifications to the Code of the Town of Brewster, Massachusetts, Chapter 1 79, Article IX, SeCtion 179-35: A. DELETE "from public ways" from the second sentence in Section 179-35.A. B. ADD new, final sentence to Section 179-35 A., as follows: In addition to the plan filing requirements specified in the Subdivision Rules and Regulations, an applicant for a cluster residential development shall submit a rendering, prepared by a Landscape Architect, registered in the Commonwealth of Massachusetts, depicting the cluster subdivision, including roads, landscape and approximate locations of dwellings at full build-out. The rendering shall be considered an integrated element of the applicant's submission and ifthe plan is approved and a special permit granted, said rendering shall be included in the Planning Board's decision regarding the subdivision plan and special permit. C. DELETE Section 179-35 B (4) as currently written and SUBSTITUTE, the following: (4) Lot Setbacks. The present setbacks for front, side and rear yards, as stated in Table 2 at the end of this chapter, shall be reduced by one-half for all setbacks within the subdivision. Setback requirements where the Cluster Development lots abut adjacent property shall remain the same as required in Table 2. D. DELETE Section 179-35 B (5) as currently written and SUBSTITUTE, the following: (5) Individual Lot Area. Minimum lot sizes for lots within a cluster residential development shall be no less than 5,000 square feet. E. DELETE Section 179-35 B (6) in its ENTIRETY. F. DELETE Section 179-35 B (8) as currently written and SUBSTITUTE, the following: (8) No less than sixty percent (60%) of the land area within the parcel or parcel(s) subject to Section 179-35 shall be set aside as open space more fully described in subsection 9 and 10 below. No more than 50% of the open space set-aside requirement shall contain any of the wetlands 14 enumerated in Article II, Section 179-6.B.(1) hereof or be included within the easement of any overhead utility wires, lines or cables, or include a combination of both wetlands and lands within the overhead utility easement(s) greater than 50% of the open space set-aside requirement. or to take any other action relative thereto. (Planning Board) MOTION: I move that the Town vote to approve Article 22 as printed in the Warrant. ACTION: ADOPTED UNANIMOUSLY AMENDMENT TO ZONING BYLAW FOR ACCESSORY USE ARTICLE 23. To see ifthe Town will vote to amend Brewster's zoning bylaws by DELETING from the Code of the Town of Brewster, Massachusetts, Chapter 179, Article I, Section 179-2.B. the current definition of Use, Accessory and by SUBSTITUTING therefor the following: Use, Accessory: A use of land or building(s) on the same lot with, and incidental but secondary to, a permitted use. A use shall not be considered an accessory use if more than 25% of the floor area or 50% of the lot area is occupied by or devoted to such use. In addition, an accessory use must be a permitted or otherwise authorized use within the zoning district. or to take any other action relative thereto. (Planning Board) . MOTION: I move that the Town vote to approve Article 23 as printed in the Warrant. ACTION: DEFEATED AMENDMENT TO TOWN CODE TO RESCIND THE LOTTERY BYLAW ARTICLE24. To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts by repealing Chapter 48, Article VIII, Section 48-10 (Placement of Articles on Town Meeting Warrant), or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to approve Article 24 as printed in the Warrant. ACTION: DEFEATED AMENDMENT TO TOWN CODE TO REVISE THE LOTTERY BYLAW ARTICLE 25. To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 48, Article VIII, Section 48-10, which currently reads: The Town will address the placement of articles on the town meeting warrant by lottery on the town meeting floor. All articles, excepting the town's and school's operating budget articles(s) shall be placed in a "fish bowl" or other suitable container to be drawn randomly by the Town Moderator, each article to be considered according to its sequence in the drawing process. by deleting the text given above and by substituting therefor the following: The Town will address the placement of articles on the town meeting warrant by lottery on the town meeting floor. All articles, excepting the town's operating budget, the 15 school's operating budget, the consent calendar and debt obligation articles shall be placed in a "fish bowl" or other suitable container to be drawn randomly by the Town Moderator, and each article shall be considered according to the order in which it is drawn. or to take any other action relative thereto. (Board of Selectmen) MOTION: I move that the Town vote to approve Article 25 as printed in the Warrant. ACTION: ADOPTED AMENDMENT TO TOWN CODE FOR THE DEVELOPMENT PLAN REVIEW BYLAW ARTICLE 26. To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 83, "Development Plan Review", and Article II, Procedure, Section 83-4, Applicability, which currently reads as follows: 83-4. Applicability. ARTICLE II Procedure A. [Amended 5-13-1991 ATM, Art. 34; 5-1-1995 ATM, Art. 17; 5-3-1999 ATM, Art. 14] Developments are subject to development plan review if they propose any building/structure exceeding 500 square feet other than single-or two-family dwellings and buildings and structures accessory to residential use and include any one or more of the following: (1) A new principal building. (2) Increase in lot coverage by more than 800 square feet through either a new accessory building or a building addition increasing lot coverage by 10% or more. (3) Substantial alteration to a parking facility having 10 or more spaces. ( 4) Removal of existing vegetative ground cover from more than 10, 000 square feet of site area. (5) Any subdivision of land into two or more lots. (6) Any change of use of an existing building as listed in the Brewster Zoning Code. [Added 5-3-1999ATM, Art. 15] by deleting the text given above and by substituting therefor the following: 83-4. Applicability. ARTICLE II Procedure A. [Amended 5-13-1991 ATM, Art. 34; 5-1-1995 ATM, Art. 17, 5-3-1999 ATM, Art. 14; 5-1-2000 ATM, Art. 27] Developments are subject to development plan review if they propose any building/structure exceeding 500 square feet, other than single-or two-family dwellings and buildings and structures accessory to residential use, and include any one or more of the following: 16 (1) A new principal building. (2) An increase in floor area by more than 500 square feet through either a new accessory building or a 500 square foot building addition or an increase in lot coverage by 10% or more. (Amended 5-1-2000 ATM, Art. 27] (3) Substantial alteration to a parking facility having 10 or more spaces. (4) Removal of existing vegetative ground cover from more than 10,000 square feet of site area. (5) Any change of use of an existing building as listed in the Chapter 179 of the Code of the Town of Brewster, Massachusetts. [Added 5-3- 1999 ATM, Art. 15] or to take any other action relative thereto. (Development Plan Review Committee) MOTION: Moved under the consent calendar. ACTION: ADOPTED ACCEPTANCE OF STATE ENABLING LEGISLATION ARTICLE 27. To see if the Town will vote to accept Sections 19K and 108P of Chapter 41 of the General Laws, which will authorize the Town Clerk and the Treasurer/Collector to receive the annual sum of $1,000.00 should he or she complete the necessary course of study and training and be recognized as a certified Massachusetts municipal clerk or a certified Massachusetts municipal collector and/or treasurer, to delay the effect of this vote until July 1, 2000, and to raise and appropriate and/or transfer from available funds the sum of TWO THOUSAND AND 001100 ($2,000.00) DOLLARS for this purpose, or to take any other action relative thereto. (Board of Selectmen) MOTION: Moved under the consent calendar. ACTION: ADOPTED REPEAL SPECIAL LEGISLATION AND ADOPT RECALL BYLAW UNDER TOWN CODE ARTICLE 28. To see if the Town will vote (a) to authorize the Board of Selectmen to petition the General Court to enact the following special legislation: Section 1. Sections 1 through 8 of Chapter 474 of the Acts of 1991, and all enactments amendatory thereof, are hereby repealed. Section 2. The town of Brewster is authorized to adopt and from time to time amend as a general by-law various provisions for the recall of elected officials and board members, and if a town meeting so votes prior to the effective date of this special legislation, such vote is hereby ratified and confirmed. Section 3. This act shall take effect upon its passage; (b) to rescind its vote under Article 8 of the Warrant for the November 16, 1998 Town Meeting; (c) to adopt, as a general by-law and as Chapter 6, Article X of the Code of the Town of Brewster, Massachusetts, the following new Code Sections: 17 Section 6-26. Any holder of an elected office in the town of Brewster may be recalled therefrom by the registered voters of the town as hereinafter provided, for reason of lack of fitness, incompetence, neglect of duties, corruption, malfeasance, misfeasance, or violation of oath. Section 6-27. Any twenty-five registered voters of the town of Brewster may initiate a recall petition by filing with the town clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The town clerk shall thereupon deliver to said voters making such affidavit copies of petition blanks demanding such recall, printed copies of which the town clerk shall keep available. Such blanks shall be issued by the town clerk, with his or her signature and official seal attached thereto. They shall be dated, shall be addressed to the board of selectmen, and shall contain the names of all the persons to whom they are issued, the name of the person whose recall is sought, the grounds of recall as stated in the affidavit, and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk. Said recall petition shall be returned and filed with the town clerk within twenty days after notification by the town clerk to the moving party that the affidavit has been certified by the registrars of the voters, and shall have been signed by at least twelve percent of the registered voters of the town, who shall add to their signatures the street and number, if any, of their residence. The town clerk shall within one working day of receipt submit the petition to the registrars of voters in the town, and the registrars shall within fifteen working days certify thereon the number of signatures which are names of registered voters of the town. Section 6-28. If the petition shall be found, and certified by the town clerk to be sufficient, he or she shall submit the same with the town clerk's certificate to the board of selectmen within three working days, and the board of selectmen shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled and shall, if the officer does not resign within five days thereafter, order an election to be held on a date fixed by them not less than sixty-five and not more than ninety days after the date of the town clerk's certificate that a sufficient petition has been filed; provided however, that if any other town election is to occur within one hundred days after the date of certification the board of selectmen shall postpone the holding of the recall election to the date of such other election. No persor, shall be subject to recall if his or her term of office expires within ninety days of the certification. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section. Section 6-29. An officer sought to be removed may be a candidate to succeed himself or herself and unless he or she requests otherwise in writing, the town clerk shall place his or her name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the removal election, and the conduct of same, shall all be in accordance with the provisions of law relating to elections. Section 6-30. The incumbent shall continue to perform the duties of his or her office until the recall election. If then re-elected, he or she shall continue in office for the remainder of his or her unexpired term subject to recall as before, except as provided in this act. If not re-elected in the recall election, he or she shall be deemed removed upon the qualification of his or her successor, who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his or her election, the incumbent shall thereupon be deemed removed and the office vacant. Section 6-31. Ballots used in a recall election shall submit the following propositions in the order indicated: For the recall of (name of officer). Against the recall of (name of officer). 18 Immediately at the right of each proposition there shall be a square in which the voter, by making a cross mark (X) may vote for either of the said propositions. Under the propositions shall appear the word "Candidates", the directions to the voters required by section forty-two of chapter fifty-four of the General Laws, and beneath this the names of candidates nominated in accordance with the provisions of law relating to election. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected. If a majority of the votes on the question are in the negative, the ballots for candidates need not be counted. Section 6-32. No recall petition shall be filed against an officer within ninety days after he or she takes office, nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least six months after the election at which his or her recall was submitted to the voters of the town. Section 6-33. No person who has been recalled from an office or who has resigned from office while recall proceedings were pending against him or her, shall be appointed to any town office within two years after such recall or such resignation. (d) to delay the effectiveness of this by-law until such time as Sections 1 through 8 of Chapter 4 7 4 of the Acts of 1991 are repealed; and (e) to take any other action relative thereto. (Board of Selectmen/Town Clerk) MOTION: Moved under the consent calendar. ACTION: ADOPTED COMMONWEALTH ELECTRIC UTILITY EASEMENT ARTICLE 29. To see if the Town will authorize the Board of Selectmen to grant, for no consideration, to the Commonwealth Electric Company an easement to install and maintain an underground electric system on Town-owned property to provide service to the Captains Golf Course, or to take any other action relative thereto. (Board of Selectmen) MOTION: Moved under the consent calendar. ACTION: ADOPTED UNDERPASS ROAD DRAINAGE EASEMENT ARTICLE 30. To see if the Town will vote to authorize the Board of Selectmen to accept a drainage easement from C. C. Construction, Inc. on land identified within Parcel No. 14 of Map No. 26 of the Board of Assessors' Maps, or to take any other action relative thereto. (Board of Selectmen) MOTION: Moved under the consent calendar. ACTION: ADOPTED OPEN SPACE LAND ACQUISITION PROJECT ARTICLE 31. To see if the Town will vote to authorize the Board of Selectmen to acquire the land, which is designated on Brewster Assessors' Map No. 45, Parcel No. 9, by purchase or by an eminent domain taking under Massachusetts General Laws, Chapter 79 and any other enabling authority for use as open space; to appropriate NINE THOUSAND AND 001100 ($9,000.00) DOLLARS to pay for land acquisition, tax awards, financing, and other costs 19 --------------------------------------------- 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 or some other source to defray a portion or all of the costs of acquiring this property; and to authorize the Board of Selectmen to assume the care, custody, control and management of this property; or to take any other action relative thereto. (Open Space Committee) MOTION: I move that the Town vote to approve Article 31 as printed in the Warrant and to transfer the sum of $9,000.00 from the Land Bank Fund for this purpose. ACTION: ADOPTED UNANIMOUSLY OPEN SPACE LAND ACQUISITION PROJECT ARTICLE 32. To see if the Town will vote to authorize the Board of Selectmen to acquire the land, which is designated on Brewster Assessors' Map No. 22, Parcels No. 2, 3 and 48, by purchase or by an eminent domain taking under Massachusetts General Laws, Chapter 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 or some other source to defray a portion or all of the costs of acquiring this property; and to authorize the Board of Selectmen to assume the care, custody, control and management of this property; or to take any other action relative thereto. (Open Space Committee) MOTION: I move that the Town vote to approve Article 32 as printed in the Warrant. ACTION: ADOPTED UNANIMOUSLY FUNDING FOR THE EVALUATION OF PURCHASE OF REAL ESTATE ARTICLE 33. To see it the Town will vote to raise and appropriate and!or to transfer from available funds the sum of TWENTY THOUSAND AND 001100 ($20,000.00) DOLLARS for the purpose of investigating and making recommendations for the purchase of real estate and for obtaining various clerical, professional, legal, appraisal and engineering services, and to authorize the Open Space Committee to solicit bids, enter into contracts, and expend these funds for this purpose, or to take any other action relative thereto. (Open Space Committee) MOTION: I move that the Town vote to approve Article 33 as printed in the Warrant and to raise and appropriate the sum of $20,000.00 for this purpose. ACTION: ADOPTED UNANIMOUSLY AMENDMENT TO TOWN CODE FOR THE TEMPORARY ROAD REPAIR BYLAW ARTICLE 34. To see if the Town will vote to amend Article VIII -(Temporary Road Repair) of Chapter 157 of the Code of the Town of Brewster, which currently reads, as follows: 157-20. Repair by town. Upon petition of 50% of more of the abutters thereof, the town may, at the discretion of the Board of Selectmen, provide temporary repairs, including drainage, and which is required by public necessary, on any private way which has been open to public use for more than five years. The town shall not be liable for any damages caused by any activity herein provided. Nonreturnable cash deposit, established by the Board of Selectmen, shall be required with the submission of the petition to 20 cover the cost of field inspection and initial cost estimates. Where all administrative, engineering and repair costs associated with the temporary repairs is less than $200.00 per abutter, a cash sum shall be deposited with the Town Treasurer equal to the costs of repair prior to the work being commenced. Where the costs per abutter is $200.00 or greater for repairs made under this article, betterments will be assessed. Any abutter may, by paying the full amount of his share, avoid the assessment of the betterment on their land. And to amend this Bylaw to read, as follows: 157-20. A. B. c. D. E. Repair by town. In the event that a group of property owners who own property on a private road which has been open for public use for at least five years wish the Town of Brewster to finance the repair of their private way, they shall engage an engineer experienced in road construction and repair who shall survey the road in question to develop a plan for the repair of that private road which shall take into consideration the need for additional drainage, new berms, driveway aprons to protect the edges of the repaired road, the filling of existing cracks and the application of one or more layers of bituminous concrete. The plan shall specify the projected useful life of the repaired private way, and in no event shall the projected useful life be less than fifteen years. All costs of preparing the plan, obtaining cost estimates and preparing the petition described below shall be the exclusive responsibility of the petitioners and shall be added to the betterment. After the plan has been prepared, the property owners' engineer shall secure at least three bids from established contractors to complete the work outlined in the engineer's plan. After receipt of the bids, the property owners shall prepare a petition to the Board of Selectmen for the Town of Brewster to finance the work in an amount certain including a ten percent contingency amount. The petition shall list the parcels by lot number and map number together with the owner's names of record with a space for each owner to place his or her signature. The petition must state that each signature represents an irrevocable agreement by each signatory to repay the Town of Brewster, through the mechanism of a betterment added to each owner's real estate tax bill, his or her pro-rata share of the total amount to be financed plus interest and administrative costs, which Town administrative costs shall not exceed 4% of the project. The petition shall not be presented to the Selectmen unless fifty percent of all the abutters to the road plus one more abutter shall have agreed to the project and its financial commitment by having signed it. The Petition, accompanied by the engineer's plan, a map of the private way to be repaired and backup for the cost estimates shall be submitted to the Selectmen's Office on or before August 31st or February 28th. The Selectmen shall refer every such petition to the Assessor's Office for verification of signatures and confirmation that more than fifty percent of abutters have signed. The Selectmen shall consider all submitted petitions that pass the Assessor's examination prior to September 30th or March 31st. If the Selectmen determine that the proposed repairs are in the public interest and if the Selectmen determine that these repairs are within the financial capability of the Town, the Board of Selectmen shall refer each petition so determined to the Planning Board which shall conduct a public hearing on each petition on or before November 15th or May 15th to evaluate 21 the plan, examine the cost estimates and hear from both the abutters and the general public. The Planning Board shall either endorse the plan by a simple majority vote and return it to the Selectmen, recommend changes in costs or scope of the plan or disapprove the plan by a simple majority vote. F. If the Planning Board approves any such plan, the Board of Selectmen may place the plan in the warrant for the next Annual Town Meeting. If the Planning Board suggests modifications or changes in scope of costs, the Board of Selectmen, may, at its option, send out proxies to the abutters noting scope and cost changes or it may return the project to the petitions. If proxies are sent out, they must be returned by December 31st or June 30th if the project is to be considered at the Annual Town Meeting. If the proxies are returned by December 31st or June 30th, the Selectmen may place the project on the Annual Town Meeting warrant provided more than fifty percent of the abutters approve the revisions. G. If the Annual Town meeting votes to endorse and finance the project, the engineer who did the original plan shall be named Project Manager. He shall prepare a new request for quotations with the bids to be directed to the Town Administrator. The project manager and the Town Administrator shall select the best bid to do the work. The project manager shall advise the Superintendent of Public Works forty-eight hours in advance of each phase of the project and certify, in writing, to the Superintendent of Public Works that each phase of the work has been completed to the project manager's satisfaction. The Superintendent of Public Works shall inspect the completed work and certify to the Town Accountant that the work is completed so that payment can be made. H. For a group of private roads within a subdivision in which membership in a neighborhood property owners association is automatic or mandatory, the same procedure shall be used: (1) So long as a majority of the owners of the lots abutting the group of private ways to be repaired signs the petition required by paragraph B above, and (2) So long as the group of private ways be repaired is owned or controlled, directly or indirectly, by the neighborhood association or its members. I. The Town of Brewster shall incur no liability for any damages of any nature whatsoever arising from the project by virtue of the Town's agreeing to finance any repair of a private subdivision way. The abutters who accept Town financing shall be deemed to have indemnified and held the Town harmless against any and all such claims. J. Any private way improved under the provisions of this bylaw need not be brought up to full town road standards. Any private way improved under the provisions of this bylaw need not be brought up to full town road standards. Any private way improved under the provisions of this bylaw shall continue to remain a private way. or to take any other action relative thereto. (Citizen's Petition) MOTION: I move that the Town vote to indefinitely postpone Article 34. ACTION: WITHDRAWN -ADOPTED 22 AMENDMENT TO ZONING BYLAW TO CORRECT REFERENCE NUMBER ARTICLE 35. To see if the Town will vote to amend the Brewster Zoning Bylaw by revising the Code of the Town of Brewster, Massachusetts, Chapter 179, Article N, Use Regulations, Section 179-11.B. Table 1 Table of Use Regulations, Retail and service, to DELETE the following: RR R-L R-M C-H V-B I MRDCT 1. Septage Transfer Station and to substitute the following: RR R-L R-M C-H V-B I MRDCT 33. Septage Transfer Station or to take any other action relative thereto. (Planning Board) MOTION: I move that the Town vote to approve Article 35 as printed in the Warrant. ACTION: ADOPTED UNANIMOUSLY WHITECAPS FUNDING ARTICLE 36. To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of FIVE THOUSAND AND 001100 ($5,000.00) DOLLARS to assist in financing operational costs associated with the Brewster Baseball Club and to authorize the Board of Selectmen to enter into a contract in order to provide these recreational services for residents of Brewster and expend such funds for this purpose, or to take any other action relative thereto. (Citizen's Petition) MOTION: I move that the Town vote to approve Article 36 as printed in the Warrant and to raise and appropriate the sum of $5,000.00 for this purpose. ACTION: ADOPTED STABILIZATION FUND ARTICLE 37. 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. (Board of Selectmen) MOTION: I move that the Town vote to approve Article 37 as printed in the Warrant and to transfer the sum of $400,000.00 from Free Cash for this purpose. ACTION: ADOPTED UNANIMOUSLY ANY OTHER BUSINESS ARTICLE 38. this meeting. To act on any other business that may legally come before MOTION: I move that the Town vote to adjourn this meeting. ACTION: ADOPTED UNANIMOUSLY 23 MEETING ADJOURNED at 9:58 p.m. A TRUE COPY ATTEST: Joanna Tabbutt Assistant Town Clerk 24