Town Meetings

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CHERRY SHEET: Printed on cherry pink paper, this annual statement from the Massachusetts Department of Revenue lists estimated state receipts to the town for the coming fiscal year and estimated county and state charges payable by the town. The figures are used by town assessors in setting the tax levy.

FINANCE COMMITTEE: This elected body reviews all budget requests and gives recommendations on warrant articles. It is the sole entity that transfers from the reserve fund. The power of its recommendations rests on members’ ability to make a persuasive argument on the town meeting floor.

FINANCIAL BUDGET: The annual warrant always calls for approval of the town’s OPERATING (DEPARTMENTAL) BUDGET for the coming fiscal year. It includes line-item budgets for every town department. It may be amended from the floor by majority vote.

FREE CASH: “It’s the amount you have in your checkbook after you’ve paid your bills,” says one selectman. Once referred to as AVAILABLE FUNDS, free cash is the balance remaining after the town has satisfied its debts. It does not include the amount of unpaid property taxes even if these are due. The amount is certified to the town by the state director of accounts, effective July 1 of each year. Free cash can be appropriated out by a majority town meeting vote.

GENERAL FUND: Comprises money from operating budget and warrant articles. Town also has a SPECIAL REVENUE FUND for income from grants, gifts, and other sources; TRUST FUND includes bequests and income to stabilization fund; AGENCY FUND includes money held but not to be used by the town such as escrow deposits.

LEVY LIMIT: Amount the town is entitled to raise and appropriate in a given fiscal year not relying on a proposition 2.5 override.

MEETING THE COSTS: The town has three ways to obtain funds to cover expenditures (1) RAISE AND APPROPRIATE articles on the town meeting warrant that take money raised by taxation and put it toward a specific expense. Requires a majority vote; (2) FREE CASH TRANSFER by majority vote; (3) BORROWING through a bond issue or notes, usually used for a capital expenditure such as construction project or equipment purchase. A warrant article asks voters to appropriate the sum and authorize treasurer, with approval of board of selectmen, to borrow. Requires a two-thirds majority vote.

PROPOSITION 2.5: Enacted by the Massachusetts legislature in 1981, this measure stipulates that towns can increase their budgets by only 2.5 percent over the preceding year.

PROPOSITION 2.5 OVERRIDE: In instances when a town calculates all its income and expenditures and finds the bottom line shows an increase larger than 2.5 percent, a ballot vote is required for approval.

GENERAL OVERRIDE Seeks approval for going beyond the 2.5-percent spending limit for the budget as a whole. The increase becomes a permanent part of the base on which the budget is calculated.Some towns have instituted a MENU OVERRIDE system, in which voters can pick and choose which capital expenditures they would approve beyond the spending cap.Voters are sometimes asked to EXEMPT certain expenditures, such as long-term capital projects, from the 2.5 limit. Known as a CAPITAL EXCLUSION or DEBT EXCLUSION, this allows the town to assess taxes in excess of the levy limit. The amount does not become a permanent part of the levy limit base. It allows the town to assess taxes for a specific period of time to pay for capital expenditures or service debt payments. Island towns routinely exempt school construction projects from the 2.5 cap.

RESERVE FUND: An account to be used for transfers for “extraordinary or unforeseen” expenditures by town departments. The amount is appropriated by voters at annual town meeting. Departments request an appropriation from the finance committee, which controls the fund.

SCHOOL BUDGETS: Each town must approve its share of the Martha’s Vineyard Regional High School budget which appears as a line item in each town’s budget. Approval by at least four towns is required. In addition, three up-Island towns act on the Up-Island Regional School District budget; Edgartown, Oak Bluffs, and Tisbury vote on their own individual school budgets.

STABILIZATION FUND: A “rainy day” savings account, a trust fund, sometimes used to hold appropriations toward future expenditures. Balance may not be more than 10 percent of the previous year’s budget. Earned interest is added to the account. Funds from this account may be used for any lawful municipal purpose and may be appropriated at town meeting by a two-thirds majority vote.

TAX RATE: Town’s net expenditures minus estimated receipts divided by total valuation of the town as determined by the assessors.

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TOWN OF TISBURY

ANNUAL TOWN MEETING

WARRANT

TUESDAY, APRIL 12, 2011 at 7:00 PM

Commonwealth of Massachusetts

County of Dukes, ss.

To either of the Constables of the Town of Tisbury,

Greetings:

In the name of the Commonwealth of Massachusetts you are hereby directed to notify the inhabitants of the Town of Tisbury who are qualified to vote in elections to assemble at the General George W. Goethals American Legion Post #257 at 47 Martin Road, in said Town of Tisbury, on the twenty-sixth day of April in the year Two Thousand and Eleven between the hours of twelve noon and eight o’clock in the evening, then and there to give their votes, under the system as adopted by the Town, viz.:

One Moderator for Three Years

One Town Clerk for Three Years

One Member of the Board of Selectmen for Three Years

One Member of the Board of Assessors for Three Years

One Member of the Board of Health for Three Years

One Member of the School Committee for Three Years

One Member of the Water Commission for Three Years

One Member of the Planning Board for Five Years

One Member of the Planning Board for One Year

Three Members of the Board of Library Trustees for Three Years

One Member of the Board of Library Trustees for One Year

Two Members of the Board of Public Works Commissioners for Three Years

Four Members of the Finance and Advisory Committee for Three Years

One Member of the Martha’s Vineyard Land Bank Commission for Three Years

Also, to answer yes or no to the following ballot questions:

Question #1:

Shall the Town of Tisbury be allowed to assess an additional $85,000 in real estate and personal property taxes for the purpose of funding anticipated collective bargaining and employee wage and contract agreements for the fiscal year beginning July first two thousand and eleven?

Yes: ________ No: ________

Question #2:

Shall the Town of Tisbury be allowed to assess an additional $100,000 in real estate and personal property taxes for the purpose of funding a portion of the cost of the Town of Tisbury’s “other post employment benefits (OPEB)” for the fiscal year beginning July 1, 2011, as determined by an actuarial valuation, for the fiscal year beginning July first two thousand and eleven?

Yes: ________ No: ________

And you are further directed to notify the inhabitants of the Town of Tisbury who are qualified to vote in elections and Town affairs to assemble at the Tisbury School Gymnasium-Auditorium, Vineyard Haven, in said Town of Tisbury, on the twelfth day of April in the year Two Thousand and Eleven at seven o’clock in the evening, then and there to act on the following articles in this warrant:

ARTICLE 1 TO HEAR OR RECEIVE REPORTS

To see if the Town will vote to hear or receive the reports of the Selectmen and other Town boards, commissions, committees, and officials, or take any action relative thereto.

Submitted: Board of Selectmen The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

ARTICLE 2 TO PAY BILLS OF PRIOR YEARS – FISCAL YEAR 2010

To see if the Town will vote to appropriate and transfer from designated sources Seven Thousand Thirty Dollars and Sixty-nine Cents ($7,030.69) to be expended by the departments listed below for the payment of bills incurred in a prior fiscal year, or take any action relative thereto.

DEPARTMENT/BUDGET

FUNDING SOURCE

VENDOR

AMOUNT

Police

Unreserved Fund Balance

NAPA

$3.22

Tisbury School

Unreserved Fund Balance

Tisbury Printer

11.25

DPW

Unreserved Fund Balance

Associated Elevator

3,028.68

DPW

Unreserved Fund Balance

H. N. Hinckley

855.60

Tisbury School

Unreserved Fund Balance

Verizon

75.60

Wm. St. Historic District Commission

Unreserved Fund Balance

Betsy Shands

109.15

Ambulance

Unreserved Fund Balance

M.V. Hospital

13.03

Wastewater

Wastewater Enterprise Fund

Acme Excavation

2,880.48

Wastewater

Wastewater Enterprise Fund

Verizon

53.68

TOTALS

$7,030.69

Submitted: Board of Selectmen The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

To see if the Town will vote to raise and appropriate the sum of Twenty Million Two Hundred Seventy-six Thousand Six Hundred Seventy-six Dollars ($20,276,676) and to transfer from Reserve for Betterments the sum of One Hundred Seventy-five Thousand Dollars ($175,000) for a total FY2012 operating budget of Twenty Million Four Hundred Fifty-one Thousand Six Hundred Seventy-six Dollars ($20,451,676) to defray Town charges as set out in Appendix A of this warrant for the fiscal year July 1, 2011 through June 30, 2012 (FY2012), or take any action relative thereto.

Submitted: Boards, Commissions, Committees, Officials, and Departments listed. The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

ARTICLE 4 CAPITAL appropriations and other new equipment

To see if the Town will vote to raise and appropriate, transfer from available funds, or authorize the Treasurer with the approval of the Board of Selectmen to borrow under chapter 44, section 7 or 8, or section 21A of the General Laws, or any other enabling legislation, the sums of money listed below, to be expended by the indicated Departments for the purposes listed and deemed to be capital expenditures:

a) To appropriate and transfer from Unreserved Fund Balance the sum of Seven Thousand Dollars ($7,000) to be expended by the Vineyard Haven Public Library Board of Trustees for the purchase of 3 new computers, software and related equipment for public use, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (5-0-1)

b) To appropriate and transfer from Unreserved Fund Balance the sum of Seventy- Two Thousand Dollars ($72,000), to be expended by the Board of Public Works Commissioners in FY2011, for the purpose of partially funding the purchase and replacement of an existing refuse truck and any peripheral equipment, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (9-0-1)

c) To appropriate and transfer from Unreserved Fund Balance the sum of Forty-five Thousand Dollars ($45,000) to be expended by the Board of Public Works Commissioners in FY2011, for the purpose of replacing an existing small dump truck and any peripheral equipment, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (9-0-1)

d) To appropriate and transfer from Unreserved Fund Balance the sum of Four Thousand Dollars ($4,000) to be expended by the Board of Public Works Commissioners for the purpose of relocating the DPW mechanic shop to the existing temporary fire truck facility located at 115 High Point Lane, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (9-0-1)

e) To appropriate and transfer from the Waterways Fund the sum of Six Thousand Dollars ($6,000) for the Harbormaster to install new dinghy docks at Owen Park, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

f) To appropriate and transfer from the Waterways Fund the sum of Two Thousand Dollars ($2,000) for the Harbormaster to purchase Aids to Navigation for the Lagoon and Lake Tashmoo, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

g) To appropriate and transfer from the Waterways Fund the sum of Eight Thousand Dollars ($8,000) for the Harbormaster to design and construct a deck at the Harbormaster’s Owen Park Office, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

h) To borrow the sum of One Hundred Twenty-five Thousand Dollars ($125,000) to be expended by the Board of Public Works Commissioners to replace an existing 1991 Front End Loader and any peripheral equipment, and to authorize the Board of Public Works Commissioners to sell the 1991 Front End Loader in trade for the new loader, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (5-0)

ARTICLE 5 to fund Share of dukes county regional housing authority FY2012 administrative expenses

To see if the Town will vote to appropriate and transfer from Unreserved Fund Balance the sum of Forty-five Thousand Four Hundred Seven Dollars ($45,407) for the purpose of funding the Town of Tisbury’s share of FY2012 administrative expenses of the Dukes County Regional Housing Authority (DCRHA), or take any action relative thereto.

Submitted: Board of Selectmen The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

ARTICLE 6 TO TRANSFER FROM UNRESERVED FUND BALANCE TO REDUCE THE TAX RATE

To see if the Town will vote to appropriate and transfer the sum of Eight Hundred Thousand Dollars ($800,000) from Unreserved Fund Balance to meet the limitations of Chapter 59 of the General Laws (Proposition Two and One-Half, so called), as amended, or to reduce the tax rate, or take any action relative thereto.

Submitted: Board of Selectmen The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

ARTICLE 7 TO TRANSFER RESERVE for APPROPRIATION TO refuse operations FOR FY2011

To see if the Town will vote to appropriate and transfer the sum of Seventy Thousand Dollars ($70,000) to be expended by the Board of Public Works Commissioners for the operation of the local area drop-off and ancillary residential curbside recycling and refuse service and residential hazardous waste disposal for fiscal year 2011 from the reserve for appropriation for the sanitary landfill as provided for in Article 19 of the Special Town Meeting of November 2, 1993, or take any action relative thereto.

Submitted: Board of Public Works Commissioners The Finance and Advisory Committee Recommends Passage of This Article. (9-0-1)

ARTICLE 8 TO TRANSFER RESERVE for APPROPRIATION TO refuse operations for FY2012

To see if the Town will vote to appropriate and transfer the sum of One Hundred Fifty Thousand Dollars ($150,000) to be expended by the Board of Public Works Commissioners for the operation of the local area drop-off and ancillary residential curbside recycling and refuse service and residential hazardous waste disposal for fiscal year 2012 from the reserve for appropriation for the sanitary landfill as provided for in Article 19 of the Special Town Meeting of November 2, 1993, or take any action relative thereto.

Submitted: Board of Public Works Commissioners

The Finance and Advisory Committee Recommends Passage of This Article. (9-0-1)

article 9 TO hire, train and equip police officers to fill vacancies

To see if the Town will vote to appropriate and transfer from Unreserved Fund Balance the sum of Ten Thousand Dollars ($10,000) to hire, equip and train police officers for the Tisbury Police Department, or take any action relative thereto.

Submitted: Police Chief The Finance and Advisory Committee Recommends Passage of This Article. (9-0)

article 10 To Re-Classify the full-time position of EMT to paramedic status

To see if the Town will vote to upgrade the full-time position of EMT in the Ambulance Service to EMT-Paramedic status, to change the classification of this position From Grade 9 to Grade 13 in the Town ‘s personnel classification system, and to appropriate and transfer from Unreserved Fund Balance the sum of Seven Thousand Two Hundred Ninety-four Dollars and Fifty-six Cents ($7,294.56), to fund the compensation costs for such upgrade and classification change, or take any action relative thereto.

Submitted: Ambulance Coordinator

The Finance and Advisory Committee Recommends Passage of This Article. (4-2)

article 11 To adopt FY2012 sewer Enterprise Fund Budget

To see if the Town will vote to approve the proposed Sewer Enterprise Fund Budget for FY2012, a copy of which is on file with the Town Clerk, and as shown below, to be expended by the Board of Public Works Commissioners, to operate and maintain the Tisbury Wastewater Collection and Treatment System for FY2012, as provided for under Article 15 of the warrant for the Annual Town Meeting of April 25, 2000, and raise and appropriate and appropriate from user fees the following sums therefor, or take any action relative thereto.

Sewer Enterprise Fund Estimate FY2012

Budget Line Item Estimated Expenses Funding Source

Labor (full time employees) 71,000 User Fees

Overtime 5,000 User Fees

Electricity 38,000 User Fees

Propane 6,200 Tax Levy

Telephone 1,500 User Fees

Sludge Removal 40,000 User Fees

Water Testing 12,000 User Fees

Chemical Treatment 11,000 User Fees

Professional Services 98,000 User Fees

Building Maintenance 2,000 User Fees

Vehicle Repair 600 User Fees

Equipment Repair 19,000 User Fees

Computer Support 1,000 User Fees

Training 2,300 User Fees

Supplies 5,000 User Fees

Postage 500 User Fees

Medical 500 User Fees

Subtotal Direct Expenses $313,600

Health Insurance 6,525 Tax Levy

Workers Compensation 3,362 Tax Levy

Retirement 6,080 Tax Levy

Building/Auto Insurance 5,500 Tax Levy

Subtotal Indirect Expenses $21,467

TOTAL ESTIMATED EXPENSES $335,067

Estimated Revenues

Sewer User Fees (38,800 gpd @ $0.02/gal.) $277,400

Septage Fees (2,800 gal/week @ $0.20 gal.) 30,000

Tax Levy 27,667

TOTAL ESTIMATED REVENUES $335,067

Total Estimated Revenues: $335,067

Total Estimated Expenses: $335,067

Submitted: Board of Public Works Commissioners The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

article 12 to FUND the triennial certification of all real and personal property

To see if the Town will vote to appropriate and transfer from Overlay Surplus from prior years the sum of Thirty-five Thousand Dollars ($35,000) to be expended by the Board of Assessors for the triennial certification of all real and personal property in the Town as required by Massachusetts General Laws, Chapter 40, Section 56, or take any action relative thereto.

Submitted: Board of Assessors The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

article 13 to Provide additional funds for the Martha’s Vineyard Cultural Council

To see if the Town will vote to appropriate and transfer from Unreserved Fund Balance the sum of One Thousand Five Hundred Dollars ($1,500) for the purpose of supplementing State funds to grant awards for support of local artists, Island schools, and funding for the arts, sciences and the humanities, or take any action relative thereto.

Submitted: Martha’s Vineyard Cultural Council/Board of Selectmen The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

ARTICLE 14 TO Establish A Receipts Reserved for Appropriation Account for Parks Receipts

To see if the Town will vote to establish a receipts reserved for appropriation account for operation and maintenance of Tisbury parks, to which all revenues collected from use of park facilities and operations would be deposited and reserved for appropriation to be voted at a Town Meeting to defray the cost of park maintenance, such fund to be established beginning in FY2012, or take any action relative thereto.

Submitted: Board of Public Works Commissioners The Finance and Advisory Committee Does Not Recommends Passage of This Article. (9-0-1)

ARTICLE 15 TO FUND fy2012 Administrative expenses of the community preservation committee

To see if the Town will vote to appropriate and transfer from the Community Preservation Act Fund the sum of Fifteen Thousand Dollars ($15,000) for FY2012 administrative expenses of the Community Preservation Committee, including coalition dues, wages, and advertising, or take any action relative thereto.

Submitted: Board of Selectmen/Community Preservation Committee

The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

article 16 EMBARKATION FUND EXPENDITURES

To see if the Town will vote to appropriate the total sum of Two Hundred Thirty-nine Thousand Three Hundred Forty-three Dollars ($239,343) from the passenger ferry embarkation fee receipts, said funds to be expended by the Departments listed below in accordance with the provisions of Chapter 46, Section 129 of the Acts of 2003, as amended, for the specific purposes set forth below, each expenditure to be considered a separate appropriation:

a) Thirteen Thousand Sixty-eight Dollars ($13,068) to be expended by the Ambulance Department for Physio Control / Medtronic Automatic CPR Device, or take any action relative thereto.

Submitted: Ambulance Department

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

b) Four Thousand Dollars ($4,000) to be expended by the Ambulance Department for the purchase of two (2) Continuous Positive Airway Pressure (CPAP) breathing devices and associated breathing masks, or take any action relative thereto.

Submitted: Ambulance Department

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

c) Three Thousand Dollars ($3,000) to be expended by the Harbormaster to have professional plans drawn up for site improvements at Owen Park, or take any action relative thereto.

Submitted: Harbormaster

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

d) Ten Thousand Dollars ($10,000) to be expended by the Harbormaster to design and construct a dormer on the Harbormaster’s Office at Owen Park, or take any action relative thereto.

Submitted: Harbormaster

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

e) Fifty Thousand Dollars ($50,000) to be expended by the Police Department to fund the wages of four or more traffic officers for the summer season, and to upgrade training, equipment and uniforms for all seasonal employees, or take any action relative thereto.

Submitted : Police Chief

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

f) Two Thousand Five Hundred Dollars ($2,500) to be expended by the Police Department to train and equip the Island-wide Tactical Response team, such appropriation to be paid to the Martha’s Vineyard Law Enforcement Council as the Tisbury Police Department’s share of the Island-wide program in FY2012, or take any action relative thereto.

Submitted : Police Chief

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

g) Thirty-one Thousand Dollars ($31,000) to be expended by the Police Department to purchase and equip one new police vehicle, or take any action relative thereto.

Submitted : Police Chief

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

h) Four Thousand Dollars ($4,000) to be expended by the Police Department to lease a 2010 Harley Davidson motorcycle, or take any action relative thereto.

Submitted : Police Chief

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

i) One Thousand Five Hundred Dollars ($1,500) to be expended by the Police Department for purchase of High Visibility Crosswalk Signs, or take any action relative thereto.

Submitted : Police Chief

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

j) Fifteen Thousand Dollars ($15,000) to be expended by the Board of Selectmen for beautification of the downtown area, including Main Street, Union Street, Water Street and surrounding areas, or take any action relative thereto.

Submitted : Board of Selectmen

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

k) Seventeen Thousand One Hundred Forty-eight Dollars ($17,148) to be expended by the Fire/EMS Departments for the purchase and installation of two (2) Diesel Exhaust Removal Systems, or take any action relative thereto.

Submitted : Fire Chief/Ambulance Coordinator

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

l) Twenty-five Thousand Dollars ($25,000) to be expended by the Fire Department to partially fund the replacement cost of the Utility/Rescue Truck (the balance to be requested in FY2013), or take any action relative thereto.

Submitted : Fire Chief

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

m) Twenty-three Thousand One Hundred Twenty-seven Dollars ($23,127) to be expended by the Shellfish Constable to purchase and equip a new four-wheel drive vehicle for the Shellfish Department, or take any action relative thereto.

Submitted : Shellfish Constable

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

n) Forty Thousand Dollars ($40,000) to be expended by the Board of Public Works Commissioners toward the purchase of a new refuse truck for the Department of Public Works, , including any peripheral equipment, or take any action relative thereto.

Submitted : Board of Public Works Commissioners

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

ARTICLE 17 TO acquire property at the Vineyard haven Post Office

To see if the Town will vote to appropriate and transfer the sum of Ten Thousand Dollars ($10,000), from the remaining unexpended funds appropriated under Article 23(i) of the April 1, 2009 Annual Town Meeting, to be expended by the Board of Public Works Commissioners and the Board of Selectmen, to acquire two parcels of land owned by the Postal Service at the Vineyard Haven Post Office on Lagoon Pond Road, or take any action relative thereto.

Submitted: Board of Public Works Commissioners

The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

ARTICLE 18 To fund various community preservation act projects

To see if the Town will vote to appropriate and transfer from FY2010 reserved and unreserved Community Preservation Fund revenues, unless otherwise specified, the following sums to be expended in FY2012 for the following purposes, each project to be considered a separate appropriation:

a) To appropriate and transfer from the Community Preservation Reserve Fund for Open Space the sum of Nine Thousand Dollars ($9,000), for restoration of the Lake Tashmoo Herring Run, including testing, volunteer training, education, etc., or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (4-0-1)

b) To appropriate and transfer from the Community Preservation Reserve Fund for Open Space the sum of Twenty Thousand Dollars ($20,000), for design and permitting services related to the dredging of Tashmoo Spring Pond in preparation for the restoration of the Lake Tashmoo Herring Run, including permits to dredge the area adjacent to the Lake Tashmoo Herring Run, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (4-0-1)

c) To appropriate and transfer from the Community Preservation Reserve Fund for Open Space the sum of Fifteen Thousand Dollars ($15,000), for removal of invasive meadow species, including Japanese knotweed and black locust, at the Tisbury Water Works Department property at 245 West Spring Street, shown on Tisbury Assessors’ Maps as Parcel #39-A-7, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (4-0-1)

d) To appropriate and transfer from the Community Preservation Unreserved Fund the sum of Fifty Thousand Dollars ($50,000) to continue the exterior restoration and clapboarding, according to historic preservation consultant recommendations, at the Vineyard Playhouse building at 24 Church Street, shown on Tisbury Assessors’ Maps as Parcel #7-G-2, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (4-0-1)

e) To appropriate and transfer from the Community Preservation Reserve Fund for Historic Preservation the sum of Forty-two Thousand Seven Hundred One Dollars and Thirty-two Cents ($42,701.32) and to appropriate and transfer from the Community Preservation Unreserved Fund the sum of Seven Thousand Two Hundred Ninety-eight Dollars and Sixty-eight Cents ($7,298.68) for the purpose of continuing the rehabilitation, preservation and restoration of the Tashmoo Spring Building dating from 1887, as outlined in the project manual prepared by Structures North Consulting Engineers, Inc. in conjunction with Einhorn Yaffee Prescott Architecture & Engineering, P.C., a copy of which is on file in the office of the Town Clerk, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of this Article. (4-0-1)

f) To appropriate and transfer from the Community Preservation Unreserved Fund the sum of Twenty-five Thousand Dollars ($25,000) to fund the remaining restoration and repair of the historic stained glass windows in the First Baptist Church located at 43 Spring Street, shown on Tisbury Assessors’ Maps as Parcel #7-M-3, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (4-0-1)

g) To appropriate and transfer from the Community Preservation Unreserved Fund the sum of Five Thousand Dollars ($5,000) to repair and restore the leaded glass windows of the historic Christ United Methodist Church building, a/k/a the “Stone Church” located at 89 William Street, shown on Tisbury Assessors’ Maps as Parcel #7-C-11, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (4-0-1)

h) To appropriate and transfer from the Community Preservation Unreserved Fund the sum of Thirty Thousand Dollars ($30,000) to repair the retaining wall at the Old Village Cemetery, included in the National Register of Historic Places as part of the William Street Historic District and located at 60 Center Street, shown on Tisbury Assessors’ Maps as Parcel #7-M-1, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (4-0-1)

i) To appropriate and transfer from the Community Preservation Unreserved Fund the sum of Ten Thousand Dollars ($10,000) for the preservation of historic Town Hall permanent records, including those of the Town Clerk and the Board of Selectmen, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (4-0-1)

j) To appropriate and transfer from the Community Preservation Unreserved Fund the sum of Ninety Thousand Dollars ($90,000) to fund the Dukes County Regional Housing Authority’s Rental Assistance Subsidy Program, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (4-0-1)

k) To appropriate and transfer from the Community Preservation Reserve Fund for Community Housing the sum of Forty-two Thousand Seven Hundred One Dollars and Thirty-two Cents ($42,701.32) and to appropriate and transfer from the Community Preservation Unreserved Fund the sum of One Hundred Eighty-two Thousand Two Hundred Ninety-eight Dollars and Sixty-eight Cents ($182,298.68), to partially fund the Island Housing Trust’s development and construction costs of four (4) affordable housing units at Lake Street, on the property shown on Tisbury Assessors’ Maps as Parcel #25-E-25, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (4-0-1)

l) To appropriate and transfer from the Community Preservation Unreserved Fund the sum of Twenty Thousand Three Hundred Dollars ($20,300) to construct an access road to property located on Marion’s Way, shown on Tisbury Assessors’ Maps as Parcel #16-A-23.2, donated for affordable housing purposes to Habitat for Humanity, or take any action relative thereto.

The Finance and Advisory Committee Recommends Passage of This Article. (7-0)

Submitted: Community Preservation Committee

ARTICLE 19 TO Fund collective bargaining and employee wage and contract agreements for FY2012

To see if the Town will vote to raise and appropriate the sum of Eighty-five Thousand Dollars ($85,000) to be expended by the Board of Selectmen to fund FY2012 anticipated collective bargaining, employee wage and contract agreements, provided however that no sums shall be appropriated or expended hereunder unless the Town shall have voted by ballot at the Town Election on April 26, 2011, in accordance with Proposition 2 ½; so-called, to assess such additional amount in real estate and personal property taxes for the purpose for the fiscal year beginning July 1, 2011, or take any action relative thereto.

Submitted: Board of Selectmen

The Finance and Advisory Committee Recommends Passage of this Article. (6-0)

ARTICLE 20 TO participate in Dukes County Pest Control Program

To see if the Town will vote to enter into an Inter-municipal Agreement with the County of Dukes County to provide an Integrated Pest Management Program (including rodent control), under which, in FY2012, the County of Dukes County will pay 20% ($9,742.80) of the total cost of the program ($73,714.00, less projected revenue of $25,000, for a net cost of $48,714.00), and each town will pay its proportionate share of the 80% balance of the cost, the Town of Tisbury’s share being Five Thousand Seven Hundred Ninety-one Dollars and Twelve Cents ($5,791.12), based on the equalized valuation as computed by the Commonwealth of Massachusetts Department of Revenue, and to see if the Town will vote to transfer from Unreserved Fund Balance Tisbury’s share of the cost of participation in the Integrated Pest Management Program, or take any action relative thereto.

Submitted: Dukes County Commissioners

The Finance and Advisory Committee Recommends Passage of this Article. (6-0)

ARTICLE 21 TO participate in Dukes County Health care access program

To see if the Town will vote to enter into an Inter-municipal Agreement with the County of Dukes County to provide a Vineyard Health Care Access Program, under which, in FY2012, the County of Dukes County will pay 20% ($18,217.20) of the total cost of the program ($91,086.00), and each Town will pay its proportionate share of the 80% balance of the cost, the Town of Tisbury’s share being Ten Thousand Eight Hundred Twenty-eight Dollars and Thirty Cents ($10,828.30), based on the equalized valuation as computed by the Commonwealth of Massachusetts Department of Revenue, and to see if the Town will vote to transfer from Unreserved Fund Balance Tisbury’s share of the cost of participation in the Health Care Access Program, or take any action relative thereto.

Submitted: Dukes County Commissioners

The Finance and Advisory Committee Recommends Passage of this Article. (6-0)

ARTICLE 22 TO maintain health care access funding at current level of service

To see if the Town will vote to transfer from Unreserved Fund Balance the sum of Fifteen Thousand One Hundred Sixty-two Dollars and Ninety-two Cents ($15,162.92), as the Town of Tisbury’s proportionate share (19.87%) of the total cost of Fifty-eight-Thousand Nine Hundred Fourteen Dollars ($58,914.00), to continue the Vineyard Health Care Access program at the current level of service, based on a 50-50 formula, which combines 50% of the cost based on equalized valuation of property values as computed by the Commonwealth of Massachusetts Department of Revenue and 50% based on the Town’s population as documented in the US Census, such funds to be administered by the County of Dukes County, or take any action relative thereto.

Submitted: Dukes County Health Care Access Program

The Finance and Advisory Committee Recommends Passage of this Article. (6-0)

ARTICLE 23 TO Establish Community Preservation Committee Fy2012 Budget reserve accountS

To see if the Town will vote to appropriate from the Community Preservation Fund established pursuant to Chapter 44B of Massachusetts General Laws and set aside for later expenditure the following amounts to the following reserve funds:

FY2012 Community Preservation Committee Budget Reserve Account:

$45,794.23 to the Community Preservation Open Space Reserve Fund;

$45,794.23 to the Community Preservation Community Housing Reserve Fund;

$45,794.23 to the Community Preservation Historic Reserve Fund;

$320,559.59 to the Community Preservation Budget Reserve Account,

or take any action relative thereto.

Submitted: Community Preservation Committee

The Finance and Advisory Committee Recommends Passage of this Article. (6-0)

ARTICLE 24 TO Fund solar panels from Appropriation for the Emergency Services Facility

To see if the Town will vote to appropriate and transfer from the appropriation for the construction of the Emergency Services Facility voted under Article 1 of the November 17, 2009 Special Town Meeting the sum of One Hundred Thousand Dollars ($100,000) to purchase and install solar panels and any ancillary equipment on the new Emergency Services Facility building, or take any action relative thereto.

Submitted: Emergency Services Facility Building Committee

The Finance and Advisory Committee Recommends Passage of this Article. (6-0)

ARTICLE 25 TO fund Estuaries Study of Lake Tashmoo

To see if the Town will vote to appropriate and transfer from Unreserved Fund Balance the sum of Sixty-four Thousand Seven Hundred Fifty Dollars ($64,750) to be expended by the Selectmen to fund the Town’s portion of the total cost of One Hundred and Twenty-nine Thousand Five Hundred Dollars ($129,500) for a two-year study to perform water quality sampling and analysis, tidal cycle data collection and assessment of the health of shellfish, as well as establishing computer models specific to Lake Tashmoo and its watershed to determine nitrogen loading, tidal flushing action and water quality, under an agreement with the University of Massachusetts, Dartmouth and the Commonwealth of Massachusetts, said funding to serve as a match for the purpose of allowing the Town to participate in the Massachusetts Estuaries Project (MEP) to complete said study of Lake Tashmoo to identify the sources of nitrogen contamination, to determine the nitrogen loading limit specific to Lake Tashmoo and identify methods and actions for the Town to initiate to protect the area, such as a nitrogen reduction plan including a possible expansion of the Town’s wastewater collection system and circulation improvements, or take any action relative thereto.

Submitted: Board of Selectmen

The Finance and Advisory Committee Recommends Passage of this Article. (6-0)

ARTICLE 26 TO Fund OPEB Costs beginning in FY2012

To see if the Town will vote to raise and appropriate the sum of One Hundred Thousand Dollars ($100,000) for the purpose of funding a portion of the cost of the Town of Tisbury’s other post employment benefits” (OPEB) for the fiscal year beginning July 1, 2011, as determined by an actuarial valuation, provided however that no sums shall be appropriated or expended hereunder unless the Town shall have voted by ballot at the Town Election on April 26, 2011, in accordance with Proposition Two and One-half, so-called, to assess such additional amount in real estate and personal property taxes for the purpose for the fiscal year beginning July 1, 2011, or take any action relative thereto.

Submitted: Finance & Advisory Committee

The Finance and Advisory Committee Recommends Passage of this Article. (6-0)

ARTICLE 27 TO FUND various water department projects

To see if the Town will vote to appropriate and transfer from Water Available Surplus the sum of Seventy-one Thousand Dollars ($71,000), to be expended by the Board of Water Commissioners in FY2011, for the following purposes: septic system design and installation to serve the Water Department Office and the Tashmoo Springs Building: Thirty-one Thousand Dollars ($31,000); Chemical Feed System Modifications: Twenty Thousand Dollars ($20,000); and Utility Billing Software Update: Twenty Thousand Dollars ($20,000), or take any action relative thereto.

Submitted: Water Commissioners The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

ARTICLE 28 TO FUND Water Distribution upgrades

To see if the Town will vote to authorize the Treasurer with the approval of the Board of Selectmen to borrow under Chapter 44, Section 7 or 8, or Section 21A of the General Laws or any other enabling legislation the sum of Five Hundred Forty Thousand Dollars ($540,000) to be expended by the Board of Water Commissioners to upgrade water system distribution, or take any action relative thereto.

Submitted: Water Commissioners The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

ARTICLE 29 TO approve the Water Works Department FY2012 Budget

To see if the Town will vote to approve the proposed Water Works Department Enterprise Fund Budget for FY2012, a copy of which is on file with the Town Clerk, and as shown below, to be expended by the Board of Water Commissioners to operate the Tisbury Water Works Department in FY2012, and to appropriate and transfer the sum of One Hundred Ninety-two Thousand Four Hundred Twenty Dollars and Twenty-seven Cents ($192,420.27) from Water Available Surplus to be used together with estimated revenues therefor, or take any action relative thereto.

Salaries and Wages $400,432.00

Benefits/Fixed Expenses 212,198.97

Operating Expenses 359,925.00

Debt/Interest 248,787.50

TOTAL BUDGET $1,221,343.47

Total Estimated Revenue to Offset Expenses $1,026,000.00

Transfer from Water Available Surplus $195,343.47

Submitted: Water Commissioners

The Finance and Advisory Committee Recommends Passage of this Article. (6-0)

ARTICLE 30 TO Fund feasibility Study for replacement of Superintendent’s Office

To see if the Town will vote appropriate and transfer from Unreserved Fund Balance the sum of Two Thousand Three Hundred Ninety-seven Dollars ($2,397) to be expended by the Martha’s Vineyard Superintendency to fund the Town’s share of the cost for a feasibility study for the replacement of the Superintendent’s office, to include a review of the space needs for the office, an examination of the Martha’s Vineyard Regional High School property to determine a possible site and develop a rough estimate of the cost for a building on that site, or take any action relative thereto.

Submitted: Superintended to Schools/All Island School Committee The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

ARTICLE 31 TO ESTABLISH THE NEW POSITION OF YOUNG ADULT LIBRARIAN AT THE VINEYARD HAVEN PUBLIC LIBRARY

To see if the Town will vote to upgrade one existing Library Assistant II position to the new position of Young Adult Librarian and to change the classification of this position From Grade 5 to Grade 10 in the Town ‘s personnel classification system, or take any action relative thereto.

Submitted: Library Trustees

The Finance and Advisory Committee Recommends Passage of This Article. (5-0)

arTICLE 32 TO amend the classification plan for Managerial and professional employees

To see if the Town will vote to approve the following amendment to the Classification and Compensation Plan for Full-time Managerial and Professional Employees, effective July 1, 2011, or take any action relative thereto.

Full-time Managerial and Professional Employees

(Numbers Rounded to Whole Dollars and Based on a 52.2 Week Year)

POSITION

1

2

3

4

5

6

7

M-1

No Positions Assigned

38,503

40,466

42,408

44,350

46,291

48,296

50,196

M-2

No Positions Assigned

44,308

46,542

48,776

51,031

53,224

55,458

57,734

M-3

No Positions Assigned

45,874

48,171

50,467

52,785

55,124

57,400

59,759

M-4

Shellfish Constable

47,022

49,403

51,762

54,080

56,481

58,819

61,242

M-5

Ambulance Coordinator Asst. to Town Administrator

Building Inspector/ ZEO Harbormaster Health Agent Town Accountant

57,588

60,490

63,392

66,274

69,176

72,120

74,981

M-6

No Positions Assigned

61,617

64,749

67,819

70,951

74,020

77,152

80,242

M-7

Library Director

Asst. Water Superintendent

65,919

69,218

72,579

75,920

79,219

82,518

85,859

M-8

Lieutenant

Water Superintendent

70,533

74,104

77,653

81,245

84,773

88,344

91,831

M-9

Finance Director Public Works Director

75,461

79,282

83,124

86,903

90,724

94,462

98,282

M-10

Police Chief

80,764

84,857

88,908

92,958

97,009

101,122

105,173

M-11

Town Administrator

86,402

90,808

95,130

99,494

103,774

108,201

112,544

Longevity: 10 years or more employment as of July 1 $2,000 annually

15 years or more employment as of July 1 $3,000 annually

20 years or more employment as of July 1 $4,000 annually

Submitted: Personnel Board The Finance and Advisory Committee Recommends Passage of This Article. (6-0)

ARTICLE 33 Petition to Terminate overseas military operations

To see if the Town will vote to direct our President, our Congressional Representative, and our Senators to take productive actions to (a) terminate existing occupation and military operations in Iraq, Afghanistan, and Pakistan, (b) reduce U.S. military spending by 25%, as proposed by Congressman Barney Frank, William Delahunt, and others, and (c) to approve funding of the rapid and safe withdrawal of all U.S. troops from the mentioned countries.

Or take any action relative thereto.

Submitted: By Petition The Finance and Advisory Committee Took No Action on This Article. (5-1)

ARTICLE 34 Wastewater Study

To see if the Town will vote to appropriate and transfer from available funds remaining in the appropriation for the construction of the Wastewater Plant, under Article #18 of the April 13, 1993 Annual Town Meeting Warrant the sum of Twenty-Five Thousand Dollars ($25,000) to be expended by the Board of Selectmen for the purpose of funding costs incurred by the Wastewater Planning Committee for independent engineering services to find the most effective means of dealing with wastewater management and nitrogen removal, or take any action relative thereto.

Submitted: Board of Selectmen The Finance and Advisory Committee Recommends Passage of this Article. (6-0)

ARTICLE 35 EARLY RETIREment Option – Accept section 66 of CH. 188 of the Acts of 2010 – The municipal relief act

To see if the Town will vote to accept Section 66 of Chapter 188 of the Acts of 2010, The Municipal Relief Act, which will authorize the Tisbury Board of Selectmen to offer qualified employees early retirement packages for the purpose of further decreasing Town budgets, or take any action relative thereto.

Submitted: Board of Selectmen The Finance and Advisory Committee Recommends Passage of this Article. (6-0)

ARTICLE 36 replenish Unemployment insurance trust fund

To see if the Town will vote to appropriate and transfer from Unreserved Fund Balance in FY2011 the sum of Twenty-five Thousand Dollars to replenish the Unemployment Insurance Trust Fund, or take any action relative thereto.

Submitted: Finance Director The Finance and Advisory Committee Recommends Passage of this Article. (8-0)

ARTICLE 37 To Authorize the Selectmen to acquire property for Aquifer protection Purposes

To see if the Town will vote to appropriate a sum of money to be expended by the Board of Selectmen for the acquisition, by purchase, gift, eminent domain or otherwise, for aquifer protection purposes, of all or a portion of the land shown as lying between Assessors’ Map Parcel 49-A-2 (to the West) and Assessors’ Map Parcels 42-A-31 and 48-A-6 (to the East) on a plan entitled “Sketch of Land in Tisbury, Oak Bluffs and West Tisbury, Massachusetts, drawn for the Town of Tisbury” dated July 27, 1993 by Vineyard Land Surveying, and also known as Assessors’ Map Parcels 49-A-3.1 and 49-A-4, such acquisition having been previously approved under Article 11 of the May 7, 1991 Annual Town Meeting, or take any action relative thereto.

Submitted: Board of Selectmen The Finance and Advisory Committee Recommends Passage of this Article. (8-0)

And you are hereby directed to serve this Warrant by posting attested copies thereof at five public places in said Town, seven days at least before the time of holding said Meeting.

Hereof fail not, and make due return of this warrant, with your doings therein, to the Town Clerk at the time and place of meeting as aforesaid.

Given under our hands this twenty-second day of March in the year Two Thousand and Eleven

Tisbury Board of Selectmen

__________________________

Jeffrey C. Kristal

Geoghan E. Coogan

Tristan R. Israel

Posted at: Tisbury Town Hall March 23, 2011 Tisbury New Town Hall Annex Tisbury Senior Center Vineyard Haven Public Library _______________________________ Tisbury Police Department Tisbury Constable

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AMENDMENTS: A voter may offer an amendment to a main motion under consideration, providing the scope of the original motion is not enlarged or otherwise altered. Amendments are discussed separately from the main motion. They require a majority vote to pass.

CHECKERS: Checkers are appointed to screen those entering to make certain only voters have access to the voting area.

CONSTABLE: The constable is an elected town official in charge of posting the warrant in advance; during the meeting he may be called upon to remove unruly citizens.

LIMIT CONSIDERATION: Debate may be limited to a specific time period by a two-thirds majority vote. To “move the previous question” brings an immediate vote on a matter being considered. No debate or amendment is allowed. Requires two-thirds majority.

MODERATOR: The moderator has absolute control of the town meeting. The moderator regulates all proceedings, decides questions of order, announces all votes, and recognizes speakers from the floor.

MOTIONS: Main motions appear as articles on the town warrant. They must be made and seconded before being open for consideration.Secondary motions refer to main motions, generally amending, postponing, or limiting consideration of them.

MOTION TO WITHDRAW OR MODIFY A MOTION: One who has made the motion may wish to withdraw it. If done before it is stated to the meeting by the moderator, the speaker may withdraw it. Once stated by the moderator, the speaker must seek leave to withdraw.

NON-BINDING REFERENDUM: Normally appearing on the election ballot, this question seeks to sample public opinion but does not call for action.

QUORUM: The minimum number of voters who must be present before the meeting can transact any business. Once the quorum is established, the moderator begins the meeting. If the quorum is lost later, the meeting must adjourn until another time or be dissolved.

POINT OF ORDER: A voter may interrupt the speaker to determine the answer to questions including (1) is the speaker entitled to the floor?; (2) is what the speaker is saying, or is any pending action, indecorous, frivolous, illegal, contrary to proper procedure? “Mr. Moderator, I rise to a point of order,” is the proper form for the motion. A point of order motion does not require a second or vote; it may not be debated, amended, or reconsidered. It is decided by the moderator.

POSTPONEMENT: An article may be (1) COMMITTED or REFERRED to a committee existing or formed specifically to address the issue; (2) postponed until a definite time before the end of the meeting and returned by making a motion that it be considered; (3) LAID ON THE TABLE or TABLED. This motion must be seconded, cannot be debated, and is voted on immediately. Requires a two-thirds majority. An article not taken from the table before the meeting adjourns is dead. The motion may be reconsidered at any time during the meeting if a majority votes to do so; (4) PASSED OVER, POSTPONED INDEFINITELY, or have NO ACTION TAKEN. All are debatable, require a majority vote, and effectively defeat the motion.

RECONSIDERING AN ARTICLE ALREADY ACTED UPON: Anyone who voted on the winning side may move to reconsider the vote. Any voter may move to rescind the vote on a main motion. A two-thirds vote is required.

SPEAKERS: Those who wish to address the meeting must wait to be recognized by the moderator, state their names, and limit comments to the question under discussion. All discussion must go through the moderator. A time limit may be set.

TELLERS: Tellers are appointed to assist the moderator in counting votes.

VOTES NEEDED: Most motions are passed by simple majority vote. The following require a two-thirds majority: borrowing of money; appropriations for land purchase; land purchase for public domain; sale or abandonment of land; abandonment of projects for which funds were borrowed; zoning bylaws.

VOTING: The vote may be taken by voice, show of hands, standing, roll call, or balloting. If a vote is immediately questioned by seven or more voters, the moderator must verify the vote, generally by show of hands or standing vote. Once the moderator announces the vote tally, it becomes official and cannot be disputed.

WARRANT ARTICLES: Selectmen are responsible for placing all articles on the town meeting warrant. Departments may submit articles to the selectmen for placement on the warrant. Citizens may petition to have an article placed on the warrant by collecting 10 signatures for an annual town meeting, 100 signatures for a special town meeting.

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WARRANT FOR ANNUAL TOWN MEETING

COMMONWEALTH OF MASSACHUSETTS

County of Dukes County, ss

To either of the Constables in the Town of Oak Bluffs, Greetings:

In the name of the Commonwealth of Massachusetts, you are hereby directed to warn the inhabitants of the Town of Oak Bluffs who are qualified to vote in Town Affairs and Elections, to assemble at the Martha’s Vineyard High School Performing Arts Center, Edgartown-Vineyard Haven Road, Oak Bluffs, on Tuesday, April 12, 2011 at 7:00 pm in the evening, then and there to act upon the following articles:

Article 1. To see if the town will vote the FY 2012 Town Budget and transfers as printed in Appendix A attached, and subject to a general override election to be held on Thursday, May 26, 2011, those items in the column marked “FY2012 Override Amount,” or take any action relative thereto.

Board of Selectmen

Executive Summary: The budget, including transfers, is included as Appendix A.

Article 2. To see if the Town will vote to adopt Schedule A, Classification Schedule, and Schedule B, Compensation Schedule, of the Personnel Bylaws as printed Appendix B attached, or take any action relative thereto.

Personnel Board

Executive Summary: This yearly article sets the classifications and compensation ranges for town employees under the Personnel Board purview. The tables remain unchanged from FY2009 and FY2010.

Article 3. To see if the Town, upon recommendation of the Board of Selectmen, will vote as authorized by MGL Chapter 44, section 53E1/2 to re-establish a revolving fund for Department 296, Marina, to be funded from receipts collected from all transient visitors, or take any action relative thereto.

Harbormaster

Executive Summary: This article is the annual re-authorization of the Marina revolving account. The account collects a $1.50 surcharge from all transient visitors. The collected money is used to offset the cost of Harbor area infrastructure improvements such as piling repair and small dredging, and environmental impact to the harbor such small oil spills.

Appropriation Recommended Amount

Community Administrative Expense $ 15,000

Reserves

Historic Resources $ 51,093

Community Housing $ 51,093

Open Space $ 51,093

Budgeted CPA Reserves $ 342,651

Community Preservation Committee

Executive Summary: This article is required by the Commonwealth on an annual basis to ensure that CPA funds are allocated at least 10% to each of the three required areas: Historic Resources, Community Housing, and Open Space. The appropriation for administrative expenses is less than 3% of the collected funds.

Article 5. To vote from the available CPA funding sources as follows:

From Reserves for Open Space $ 51,093

From Reserves for Community Housing $ 51,093

From Reserves for Historic Space $ 51,093

From Budgeted CPA Reserves/Undesignated Funds $ 478,721

For the following purposes based on the CPA Committee recommendation to spend $632,000 for the following projects:

Project Title Organization CPA Category Amount Recommended

1. O. B. Affordable Housing Trust Affordable Housing Community Housing $200,000

Committee

2. Sunset Lake/Lake Park Friends and Neighbors Open Space $55,000

Engineering Study of Sunset Lake

3. Niantic Park Parks Department Historic Space $160,000

Engineering Study

4. Rental Assistance DCRHA Community Housing $132,000

5. Massachusetts Estuaries Shellfish Dept. Open Space $45,000

Project Continuation for

Oak Bluffs Harbor and

Sunset Lake

6. Lantern Restoration Friends of Oak Bluffs Historic Space $40,000

TOTAL: $632,000

Community Preservation Committee

Executive Summary: The article would authorize the expenditure of funds already collected by the Community Preservation Committee to be used as specified. Funds are collected from taxpayers as a 3% surcharge, and then partially matched by the Commonwealth. Last year’s match was 38.4%. The CPC has developed a handout explaining its recommended decisions.

Article 6. To see if the Town will vote to raise and appropriate the sum of $2,722 (two thousand seven hundred twenty-two dollars) to fund the Town’s share of the cost for a feasibility study for the replacement of the Superintendent’s Office. This study will include a review of the space needs for the office, an examination of the Martha’s Vineyard Regional High School property to determine a possible site and develop a rough estimate of the cost for a building on that site, or take any action relative thereto.

Martha’s Vineyard Public Schools

Article 7. To see if the Town will vote to transfer from the Wastewater Retained Earnings Account the sum of $150,000 to pay for the design engineering, permitting, and bid document preparation for the Lagoon Pond Sewering project which consists generally of sewering properties within the Lagoon Pond watershed, or take any action relative thereto.

Wastewater Department

Executive Summary: This article proposed to spend money from the Wastewater Retained Earnings Account to complete the initial planning for hooking up properties near Lagoon Pond to the wastewater system.

Article 8. To see if the Town will vote to accept the provisions of H4105, “An Act Authorizing the Government Employers In The County Of Dukes County To Establish A Pooled Other Post –Employment Benefits Trust Fund,” and vote to join the Trust, or take any action relative thereto.

Board of Selectmen

Executive Summary: This article, the final step in the creation and adoption of the OPEB Trust to become an investment vehicle for funds allocated to post-retirement benefits such as retiree health care. It allows the town to pool contributions with all other towns and other municipal entities for investment purposes. Contributions are pooled for investment purposes only. This article does not transfer any money to the trust. Only Town Meeting will have the authority to allocate money to the Trust.

Article 9. To see if the Town will vote to amend the Oak Bluffs Zoning By-Law by deleting the current Section 4.2.7 and replacing it with the following, or take any action relative thereto:

4.2.7 Special Permit for Setbacks within the R-1 District. The goal of this provision is to maintain and promote the historic and traditional character of the buildings, neighborhoods ad streetscapes within Oak Bluffs consisting of, but not limited to, historic structures and/or established architectural styles, that are located on smaller lots created prior to current zoning. This provision is meant to assist homeowners of such lots with the right to improve, update and/or renovate their properties while encouraging respect for the existing character of a neighborhood.

Within the R-1 District the Board of Appeals may grant a Special Permit for the front, side and rear setback(s). The minimum setback that may be granted for a dwelling under this provision is five (5) feet from the front property line and ten (10) feet from the side and rear property lines. For accessory structures of four hundred (400) square feet or less the minimum setback allowed under this provision for all property lines shall be five (5) feet.

In addition to other factors, in reviewing this Special Permit application the Board of Appeals shall consider:

1. Whether the proposed setback(s) are consistent with existing setback(s) of other properties within the surrounding neighborhood;

2. Whether the proposed design is consistent with the general streetscape of the surrounding area;

3. Whether the proposed structure is consistent with the goals of this section.

Planning Board

Article 10. To see if the Town will amend the Oak Bluffs Zoning Bylaw and Map by changing the premises at 27 Winthrop Avenue, being Assessor’s Map 17, Parcel 19, from R-1 to B-1 in order to improve traffic conditions and public safety in the area, or take any action relative thereto.

Planning Board

Article 11. To see if the Town will vote to amend the Oak Bluffs General Bylaws, Chapter XXIII (Cottage City Historic District), Section B, Boundaries, by adding the following language, or take any action relative thereto:

“And, to include Assessor’s Map 11, Parcels 193 and 195.”

Cottage City Historic District Commission

Executive Summary: This article would add the properties known as the Denniston Church as part of the Cottage City Historic District.

Article 12. To see if the Town will vote to fix the compensation of full time and part time elected officials of the Town as provided by M.G.L. Chapter 41, Section 108, as amended, for the twelve month period from July 1, 2010 through June 30, 2011 as follow:

Board of Selectmen, Chair $4,500

Selectmen, Members $3,000 each

Constables $500 each

Town Clerk $74,360

Article 13. To see if the Town will vote to elect the following Town Officers on the official ballot:

One Moderator for 1 year

Two Selectmen for 3 years

Town Clerk for 3 years

One Board of Health Member for 3 years

One Cemetery Commissioner for 3 years

Three Finance & Advisory Committee Members for 3 years

One Planning Board Member for 5 years

One Parks Commissioner for 3 years

One School Committee Member for 3 years

One Water District Commissioner for 3 years

One Wastewater Commissioner for 3 years

Article 14.

To see if the Town will vote to support the following:

A resolution of the Town of Oak Bluffs, Massachusetts to end the expenditure of our citizens’ tax dollars for excessive and unaffordable warfare.

Whereas, the financial resources available for use by governments at the local, county, state, and federal levels in the United States are and must be limited; and

an inordinate level of military expenditure is being made by the U.S. federal government for warfare in Iraq, Afghanistan, and Pakistan; and of the declared national defense budget, the tax burden on Massachusetts alone is about $21 billion per year, or approximately $3,200 per year for each man, woman, and child of the 6.6 million residents in Massachusetts ($9,600 per year for a family of three); and for just the supplemental war funding passed in August, $89 billion, the burden on each man, woman, and child in Massachusetts is an additional $454 per year, or a total of more than $3650 per year (not counting prior and possible subsequent supplemental funding bills at the time of this resolution); and the approximately 3,954 people of Oak Bluffs, Massachusetts are therefore collectively paying or becoming indebted for almost fifteen million dollars ($14,447,916) per year of their limited financial resources for such warfare, which supplied no identified public benefits; and this warfare creates great and unnecessary harm to the people of the nations of Iraq, Afghanistan, and Pakistan and to the U.S. military personnel and their families; and education services, infrastructure repairs, other essential public services, and family and private-sector financing in Oak Bluffs and throughout the State of Massachusetts have been substantially reduced in order for an excessive portion of available financial resources to be diverted from the constructive economy to unnecessary warfare; and all of this transpires as we struggle to recover as a nation, as a state, in our town, in our families and as individuals from a major crises of financial systems,

Now, therefore, be it resolved that the Town of Oak Bluffs, Massachusetts commands the member of the U.S. House of Representatives from the Tenth Massachusetts Congressional District, and both Senators for Massachusetts, to oppose all legislation brought before the U.S. House of Representatives that provides further funding of the U.S. warfare and U.S. military occupation in Iraq, Afghanistan, and Pakistan, and the Town of Oak Bluffs, Massachusetts also commands them each and all to take strong and forceful action to influence the full U.S. House of Representatives and the full Senate to terminate existing occupation and military operations.

Submitted by Petition

HEREIN FAIL NOT AND GIVE PUBLIC NOTICE BY CAUSING THIS NOTICE TO BE POSTED IN TWO(2) OR MORE PLACES IN THE TOWN AT LEAST FOURTEEN (14) DAYS BEFORE THE TIME OF SAID MEETING AND MAKE DUE RETURN OF THIS WARRANT WITH YOUR DOINGS TO THE TOWN CLERK AT THE TIME AND PLACE SPECIFIED.

GIVEN UNDER OUR HANDS THIS 22nd DAY OF MARCH, 2011

Duncan Ross, Chairman

Gail Barmakian

Kathleen Burton

Gregory A. Coogan

Ronald L. DiOrio

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On Tuesday, April 12, four of the six Island towns — West Tisbury, Edgartown, Oak Bluffs and Tisbury — will convene annual town meetings. Three weeks later Chilmark will follow suit on April 25, and then Aquinnah on May 10.

Annual town meetings give voters a chance to have their say in town affairs, most notably, the operating budget elected leaders present on town meeting floor.

But if experience is any guide and as the chart that accompanies this story shows, only a small percentage of voters will decide the spending questions.

This is particularly true when it comes to owners of seasonal real estate, a class of taxpayers that pays a disproportionate share of the freight — and then some in Tisbury — cannot vote, and sees only a small slice of the municipal goods.

For example, at Tisbury’s annual town meeting in April 2001, nine percent of the town’s registered voters approved $14 million in spending. The record of voter participation was even more dismal in 2010, when six percent participated.

Chilmark, the Island’s wealthiest town, had the highest voter turnout. Still, only 25 percent of voters, and of course no non-voting seasonal property owners, participated in spending decisions in April 2001, and nine years later that figure dropped to 21 percent.

Collectively, over the course of the next five weeks Island voters will be asked to approve more than $96.3 million in spending for the fiscal year that begins on July 1, this year. History suggests the decision will be made by just a fraction of those who have a right to participate and who will be affected by those decisions.

A copy of annual meeting warrants and proposed fiscal 2012 operating budgets for every Martha’s Vineyard town but Aquinnah, which has yet to finalize its warrant, is available at mvtimes.com.

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ANNUAL TOWN MEETING

APRIL 12, 2011

County of Dukes County, ss:

To either of the Constables in the Town of Edgartown in the County of Dukes County, GREETINGS:

In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of said Town, qualified to vote in elections and Town affairs, to meet in the auditorium of the Old Whaling Church (Methodist Church) on Main Street in said Edgartown on Tuesday, the Twelfth day of April, Two Thousand Eleven at seven o’clock in the evening, then and there to act on the Articles in this Warrant, with the exception of Article One.

And to meet again in the Town Hall Meeting Room, entrance from South Summer Street parking lot, in said Edgartown on Thursday, the fourteenth day of April, Two Thousand Eleven at ten o’clock in the forenoon, at the polling place, then and there to act on Article One of the Warrant by the election of Officers on the Official Ballot.

The polls for voting on the Official Ballot will be open at ten o’clock in the forenoon, and shall be closed at seven o’clock in the afternoon.

ARTICLE 1. To elect the following Officers on the Official Ballot:

1. One Moderator for Three Years

2. One Selectmen for Three Years

3. One Assessor for Three Years

4. One Member of the Board of Health for Three Years

5. One Member of the Planning Board for Five Years

6. One Member of the School Committee for Three Years

7. One Trustee of the Edgartown Free Public Library for One Year

8. Two Trustees of the Edgartown Free Public Library for Three Years

9 One Park Commissioner for Three Years

10. One Wastewater Treatment Commissioner for Three Years

11. One Water Commissioner for Three Years

12. One Constable for Three Years

13. Two Members of the Financial Advisory Committee for Three Years

Answer YES or NO to the following questions:

Question 1. Shall the Town of Edgartown be allowed to assess an additional $140,000.00 in real estate and personal property taxes for the purpose of resurfacing and rebuilding various Town streets for the Fiscal Year beginning July first, two thousand eleven?

Question 2. Shall the Town of Edgartown be allowed to assess an additional $55,000.00 in real estate and personal property taxes for the purpose of building and repairing various Town sidewalks, bike paths and storm water drainage systems for the Fiscal Year beginning July first, two thousand eleven?

Question 3. Shall the Town of Edgartown be allowed to assess an additional $98,000.00 to purchase a backhoe for the Highway Department for the Fiscal Year beginning July first, two thousand eleven?

ARTICLE 2. To hear reports of the Town Officers and Committees and to act thereon.

ARTICLE 3. To choose all other necessary Town Officers who are elected from the floor of the Town Meeting.

ARTICLE 4. To see if the Town will vote to raise and appropriate the sum of $3,000.00 to fund the advancement of a Jr. Wastewater Operator to Operator for Fiscal Year 2012.

Submitted by the Personnel Board

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 5. To see if the Town will vote to amend the annual salary scales of the Classification Plan (Section 25) of the Personnel Bylaw, so that they reflect a 1.5% increase totaling $93,500.00, which is a cost of living adjustment becoming effective July 1, 2011.

Submitted by the Personnel Board

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 6. To see if the Town will vote to amend the Classification Plan (Section 26.0) of the Personnel By-Law as follows:

Delete the position of Park Patrol Officer from Grade 4

Add the position of Park Patrol Officer to Grade 5.1

Submitted by the Personnel Board

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 7. To see if the Town will vote to accept the provisions of Chapter 149 of the Acts of 2010, which authorized the creation of the “Dukes County Pooled Other Post-Employment Benefits Trust”, and to join the Trust, or take any action relative thereto.

Submitted by Board of Selectmen

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 8. To see if the Town will vote to raise the necessary sums of money to defray the general expenses of the Town for Fiscal Year 2012 and to make appropriations therefore.

ARTICLE 9. To see if the Town will vote to raise and appropriate the sum of $20,000.00 for the Treasurer’s Borrowing Expense Account for Fiscal Year 2012.

Submitted by the Town Treasurer

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICE 10. To see if the Town will vote to raise and appropriate the sum of $10,000.00 to be placed in the Tax Title Foreclosure account to be used in conjunction with tax title takings, foreclosures, and associated legal costs for Fiscal Year 2012.

Submitted by the Town Treasurer

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 11. To see if the Town will vote to raise and appropriate the sum of $40,000.00 to be used as a Reserve Fund for Fiscal Year 2012 pursuant to Section 6, Chapter 40 of the Massachusetts General Laws.

Submitted by the Financial Advisory Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 12. To see if the Town will vote to transfer the sum of $250,000.00 from Free Cash to the Stabilization Fund.

Submitted by the Board of Selectmen 2/3 VOTE REQUIRED

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 13. To see if the Town will vote to appropriate from Free Cash the sum of $5,600.00 for the rental and maintenance of portable toilets at the Upper Main Street Park & Ride, off the Edgartown/Vineyard Haven Road for Fiscal Year 2012.

Submitted by the Board of Selectmen

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 14. To see if the Town will vote to amend Chapter 131.1 of the Town’s Noise By-Law as follows, with changes shown in italic:

131.1 Prohibited activity.

It shall be unlawful for any person or persons occupying or having charge of or owning any building or premises or any part thereof in the Town of Edgartown, other than that section of any establishment licensed under Chapter 138 of the General Laws, between the hours of 10:00 p.m. and 7:00 a.m. to cause or suffer to allow any unnecessary, loud, excessive or unusual noises plainly audible at a distance of 50 feet from a vehicle or premises from which it originates.

131.2 Violations, penalties and enforcement.

Violations under this bylaw shall be enforced by the Police Department. Such acts shall constitute prima facie evidence of a violation of this chapter. Penalties shall include: 1st offense: $100.00, 2nd offense: $200.00, 3rd offense: $300.00.

Submitted by the Board of Selectmen and the Planning Board

ARTICLE 15. To see if the Town will vote to add the following sections to the Town’s Noise By-Law:

132.1 Construction Noise

It shall be unlawful for any person or persons to create, assist in creating, continue or allow to continue any loud noise related to non-public construction activities, as outlined below, between the hours of 8:00 p.m. to 7:00 a.m. on weekdays and Saturdays, which either annoys, disturbs, injures or endangers the reasonable quiet, comfort, repose or the health and safety of others within the Town. Additionally, it shall be unlawful for any person or persons to create, assist in creating, continue or allow to continue any excessive, unnecessary or unusually loud noise related to non-public construction activities as outlined below at any time on Sundays or the following holidays: New Year’s, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas.

Construction shall mean those activities requiring a building permit, and shall also include any site preparation, earth removal, grading, assembly, erection, substantial repair, alteration or similar action, including demolition, for or of private streets, structures, utilities or similar non-public property. Construction noise shall be that noise generated by manual or mechanical activities associated with construction.

132.2 Exemptions

a) Noise associated with emergency work or emergency vehicles is exempt from the provisions of this bylaw. Emergency work shall mean any work performed in an effort to protect, provide, or restore public safety, or work by private or public utilities when restoring utility service. Emergency vehicles shall mean any vehicle operated in an effort to protect, provide, or restore public safety including, but not limited to, ambulances, police vehicles, and fire vehicles.

b) Noise associated with construction activities undertaken with authorization of the Police Chief and/or Building Inspector in order to complete a project, which is in the public interest, in a timely and expeditious manner.

c) Noise associated with Town snow removal, street sweeping, highway maintenance and cleaning is exempt for the provisions of this bylaw.

d) This bylaw shall not apply to homeowners performing regular maintenance and tasks on their own property, including emergency repairs with professional assistance.

132.3 Enforcement

Violations under this bylaw shall be enforced by the Police Department (with notice to the Building Inspector.) Such acts shall constitute prima facie evidence of a violation of this chapter. Penalties shall include fines of: 1st offense: $100.00, 2nd offense: $200.00 and, 3rd offense: $300.00. Any violation shall also entitle the Building Inspector to issue a cease and desist order or revoke the building permit.

Submitted by the Board of Selectmen and the Planning Board

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 16. To see if the Town will vote to appropriate and set aside for later expenditure from the Community Preservation Fund established pursuant to Chapter 44B of the Massachusetts General Laws, Fiscal Year 2012 revenues in the following amounts to the following reserves:

$ 76,000.00 to be appropriated to the Community Preservation Open Space Reserve Fund;

$ 76,000.00 to be appropriated to the Community Preservation Affordable Housing Reserve Fund;

$ 76,000.00 to be appropriated to the Community Preservation Historic Preservation Reserve Fund;

$510,000.00 to be appropriated to the Community Preservation Budgeted Reserve Fund;

$ 20,000.00 to be appropriated to the Community Preservation Administrative Expenses Account;

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 17. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Affordable Housing Reserve Fund the sum of $75,000.00 and from the Fiscal Year 2011 Community Preservation Budgeted Reserve Fund the sum of $27,000.00 for a total of $102,000.00 to be paid to The Dukes County Regional Housing Authority to fund the Rental Assistance Program for Edgartown families.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 18. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Budgeted Reserve Fund the sum of $25,000.00 for rental subsidies for Morgan Woods. The funds would be administered by The Dukes County Regional Housing Authority.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 19. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Historic Preservation Reserve Fund the sum of $25,000.00 to partially pay to historically restore the mural in the rear of the interior of the Whaling Church. The Whaling Church is in the Historic District and on the National Register of Historic Places.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 20. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Historic Preservation Fund the sum of $8,000.00 for the MV Museum to preserve and restore five paintings of historical Edgartown figures: Jared Fisher Sr. (1794-1873), Sarah Pease Fisher(1796-1882), Dr. Daniel Fisher(1799-1876), Thomas Adams Norton(1809-1885), & Benjamin Worth(1763-1805).

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 21. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Historic Preservation Fund the sum of $40,000.00 for the MV Museum for 26% of cost for the first year of a two year project to archive and register the museum’s collection. The museum must be awarded a total of at least 50% of the funds sought from all towns to be awarded Edgartown’s portion.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 22. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Budgeted Reserve Fund the sum of $5,700.00 for the Board of Assessors to preserve and restore Town Records.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 23. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Budgeted Reserve Fund the sum of $3,400.00 for the Board of Selectmen to preserve and restore Town Records.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 24. To see if the Town will vote to transfer $75,000.00 from the Community Preservation Unreserved Fund to the Community Preservation Affordable Housing Reserve Fund.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 25. To see if the Town will vote to transfer $150,000.00 from the Community Preservation Unreserved Fund to the Community Preservation Open Space Reserve Fund.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 26. To see if the Town will vote to appropriate from Free Cash the sum of $25,000.00 to contribute to the cost of the Fourth of July Fireworks for the Fiscal Year 2012.

Submitted by Petition

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 27. To see if the Town will vote to appropriate from Free Cash, for Fiscal Year 2012 expenditure, the sum of $58,000.00 to purchase and equip two new police cruisers.

Submitted by the Police Chief

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 28. To see if the Town will vote to appropriate from Free Cash, for Fiscal Year 2012 expenditure, the sum of $60,000.00 to shingle and trim the Edgartown Fire Station.

Submitted by the Fire Chief

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 29. To see if the Town will vote to appropriate from Free Cash, for Fiscal Year 2012 expenditure, the sum of $8,000.00 to repair and/or replace ceiling tiles and insulation for truck bays at the Edgartown Fire Station.

Submitted by the Fire Chief

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 30. To see if the Town will vote to appropriate from Free Cash, for expenditure in Fiscal Year 2012, the sum of $10,000.00 to replace 2 truck bay doors and automatic openers for all the doors at the Edgartown Fire Station.

Submitted by the Fire Chief

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 31. To see if the Town will vote to accept any gifts or grants from individuals or organizations to be used by the Fire Engineers for the purchase of Fire equipment.

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 32. To see if the Town will vote to raise and appropriate the sum of $44,000.00 to fund various Shellfish Committee programs to be administered by the Shellfish Department for Fiscal Year 2012.

Submitted by the Shellfish Department

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 33. To see if the Town will vote to raise and appropriate the sum of $30,000.00 to fund the Town’s membership fee in the Martha’s Vineyard Shellfish Group for Fiscal Year 2012.

Submitted by the Shellfish Department

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 34. To see if the Town will vote to authorize the Edgartown Shellfish Committee to accept any gifts or grants of money from various sources, funds to be used for various Shellfish Committee propagation programs for Fiscal Year 2012.

Submitted by the Shellfish Department

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 35. To see if the Town will vote to appropriate from Free Cash the sum of $70,000.00 for the maintenance and replacement of moorings, buoys, docks, spiles, tie-off stakes, floats, walkways, and equipment necessary for marine operations on Town owned docks and property for Fiscal Year 2012.

Submitted by the Harbormaster

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 36. To see if the Town will vote to appropriate from Free Cash the sum of $8,000.00 to replace the 2004–40hp engine for the work boat “Pointer” and to authorize the Board of Selectmen to dispose of the existing engine in the best interest of the Town.

Submitted by the Harbormaster

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 37. To see if the Town will vote to raise and appropriate the sum of $6,235.00 to fund its share (50%) of :

a) Characterization of landfill gas and ambient air along Meshacket Road.

b) Attempting to locate destroyed gas vents in the old capped LDO area.

c) Groundwater quality monitoring for 1, 4 Dioxane in 7 groundwater monitoring wells.

d) Preparation of a biennial report to DEP addressing inspections, maintenance, summary of environmental monitoring results and summary of corrective action activities and recommendations.

All to comply with the July 8, 2010, DEP conditions of approval of the comprehensive site assessment of the Edgartown Landfill on Meshacket Road.

Submitted by the Board of Health

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 38. To see if the Town will vote to raise and appropriate the sum of $33,689.00 to fund its share (50%) of:

a) Engineering, construction, monitoring and required reporting of 7 gas wells along Meshacket Road.

b) Construction of 3 additional gas monitoring probes along the northerly boundary of the Edgartown Landfill.

c) Six months of required landfill gas monitoring at 24 exiting gas wells and required reporting.

d) Two months of required gas monitoring of the 7 newly constructed gas wells (see 2, a., above).

e) Inclusion of the 7 new gas wells into the quarterly gas monitoring program and report as part of the quarterly reporting.

f) Inclusion of the 3 new gas probes (see 2, b., above) into the quarterly gas monitoring program and report as part of the quarterly reporting.

g) Preparation of an annual Landfill Inspection report.

All to comply with the conditions of approval of the October 19, 2010, DEP conditions of approval of the Edgartown Landfill Major Landfill Modification Approval”.

Submitted by the Board of Health

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 39. To see if the Town will vote to amend Article 14.1 Coastal District of the Edgartown Zoning By-laws by adding a new subsection as follows:

14.1. e.10. Notwithstanding subsection 14.1.e.9., the Board of Health’s approval of an upgrade from an existing septic system or cesspool to a Title 5 septic system or other enhanced system, that entails the modification of one or more of the setback or separation requirements set forth in subparagraphs 4-8, shall be lawful, whether or not the lot on which the upgraded system is located was in separate ownership from adjoining lots before December 22, 1976 provided that, in the opinion of the Board of Health, the revised design provides:

a.) for no increase in flow;

b.) for no increase in the number of bedrooms;

c.) there is a greater protection of public health, safety and the environment than the existing cesspool; and

d.) the provisions of subsection 14.1.e.10 shall only apply to existing lots created before February 15, 2011.

This subsection shall apply to approvals issued prior to the date of this Amendment, as well as to those issued thereafter.

Submitted by the Board of Health and the Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 40. To see if the Town will vote to appropriate from Free Cash, for expenditure in 2012, the sum of $5,210.00 for the installation of dual air conditioning systems for the 2nd floor of The Anchors building.

Submitted by the Council on Aging

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 41. To see if the Town will vote to appropriate from Free Cash, for expenditure in Fiscal Year 2012, the sum of $7,500.00 to build an outside staircase on the Anchors building for emergency evacuation and for allowing use of the second floor for meeting and program space.

Submitted by the Council on Aging

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 42. To see if the Town will vote to amend the Edgartown Zoning By-laws Article II as follows and to re-codify all definitions alphabetically without numbering:

ARTICLE II. DEFINITIONS

Accessory building or use is subordinate in purpose to and serves a principal building or principal use and shall include tennis courts, swimming pools or like structures.

Dwelling Unit is a portion of a building used or to be used as a habitable unit for one family or household with facilities for sleeping, cooking, bathing and sanitation.

Multi-unit dwelling and or dwelling units shall mean any building consisting of attached single-family units with each unit providing independent living facilities.

Special Permit Granting Authority (SPGA) is the town board or authority that grants special permits as follows:

Planning Board for special permits for Cluster Developments, Beach Area & Wetlands, Coastal District, Island Roads District, Special Places District, B-2 Upper Main Street District, Cape Pogue District, Edgartown Ponds Area District, and Surface Water District.

Building Inspector for permits and special permits under the Sign by-law, and.

Zoning Board of Appeals for all other special permits authorized by this bylaw.

Submitted by the Edgartown Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL

ADVISORY COMMITTEE

ARTICLE 43. To see if the Town will vote to amend the Edgartown Zoning By-laws to

restate “Article III. Districts” as follows:

ARTICLE III. DISTRICTS (Existing)

3.1 The Town of Edgartown is hereby divided into the following districts for the administration of this By-Law:

A. R-5 Residential; 10,000 square feet minimum lot size

B. R-20 Residential; ½; acre minimum lot size

C. R-60 Residential; 1 ½; acre minimum lot size

D. R-120 Residential: 3 acre minimum lot size; Chappaquiddick

E. RA-120 Residential/Agricultural; 3 acre minimum lot size

F. B-I Business; town center

G. B-II Business; highway linear type and which are indicated and identified upon the zoning map of said town filed with the Office of the Town Clerk, which map is incorporated in and made part of this by-law

H. B-III Business, outlying

I. Planned Development District (PDD) which is an overlay district to the R-20 zoning district

J. SWD Surface Water District: Harbors, bays ponds

K. B-IV Trades District

L. and which are identified upon the zoning map of said town, filed with the Office of the Town Clerk, which map is incorporated and made a part of this by-law.

ARTICLE 3. DISTRICTS (Proposed)

3.1 The Town of Edgartown is hereby divided into the following districts for the administration of this by-law, and which are identified upon the zoning maps of the town filed with the Office of the Town Clerk and made part of this by-law.

District

Description

Minimum Lot Size

Front Yard Setback

Side & Rear Setbacks

SPGA

R-5

Residential

10,000 sq ft

20 ft (1)

5 ft.

ZBA

R-20

Residential

½; acre

30 ft.

10 ft.

ZBA

R-60

Residential

1 ½; acres

50 ft.

25 ft.

ZBA

R-120

Residential, Chappaquiddick

3 acres

50 ft.

25 ft.

ZBA

RA-120

Residential/Agricultural

3 acres

50 ft.

25 ft.

ZBA

B-1

Town Center

5,000 sq. ft

10 ft. (2)

5 ft. (22)

ZBA

B-2

Business/Upper Main Street

6,500 sq. ft

20-40 ft. (3)

10 ft.

PB

B-3

Business/Outlying

N/A

ZBA

B-4

Trades

N/A

ZBA

Planned Develop.

Overlay District to R-20

PB

Coastal

Overlay District

PB

Island Road

Overlay District

PB

Special Ways

Overlay District

PB

Special Places

Overlay District

PB

Cape Pogue

Overlay District

PB (4)

Katama

Overlay District

PB

Edgartown Ponds

Overlay District

PB

Surface Water

Harbors, Bays & Ponds

PB

Frontage: All lots created after April 9, 1985 will have a minimum frontage of 50 feet on a street.(5)

(1) Article 6.4. (2) Article 9.4. & (2A) 0 setbacks on Main St. (3) Article 10.5. (4) Article 14.4.6 (5) Article 11.1

Submitted by the Edgartown Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 44. To see if the Town will vote to amend the Edgartown Zoning By-laws to: 1) eliminate a portion of Section 11.3 GENERAL REGULATIONS which states “Elevated Decks and Elevated Porches shall be accessed only from the inside of the dwelling unless required as part of a mandatory second means of egress, through a door or doors with minimum dimensions of 2’8″ x 6’6″ hung in a vertical plane.” and 2) re-codify the article and replace in its entirety with the following text:

11.3 A. Height of Buildings and Exception

The height of any structure created in any district shall not exceed thirty-two feet for a pitched roof or twenty-four feet for a flat roof. Any roof with less than a four inch pitch per foot will be considered a flat roof. However, these dimensions may be exceeded by special permit so as to conform to the average height of existing principal buildings fronting on the same street or within 500 feet of the premises.

The Board of Appeals may grant a special permit for an exception from these requirements upon its determination that an increase in height will not create undesirable conditions caused by overshadowing and loss of privacy, and that utility and protective services will be adequate. Height shall be measured as the vertical distance from the mean level of ground in its natural state prior to construction, to the highest point of the roof. Chimneys, spires, vent pipes and other similar appurtenances may have an additional eight feet above the highest point of the roof. Antennas and weather devices shall be exempt from this provision.

B. Elevated Decks & Elevated Porches

1) Definition: For the purpose of this By-law, an elevated deck or an elevated porch is any accessible walking surface larger than 8′ in any dimension and more than 7’6″ above the mean natural grade.

2) Permitted Uses:

Elevated decks and porches shall be constructed entirely above livable area, including first floor porches and decks (not patios or terraces on grade.)

The walkable surface area of the deck or elevated porch shall not be higher than the level of the second floor of the dwelling.

3) Exception: Elevated decks or porches not meeting these criteria may be allowed by a special permit from the Board of Appeals, provided that the proposed deck or porch is based on historical precedent such as a widow’s walk or is designed as an integral part of the dwelling and, in the opinion of the Special Permit Granting Authority, is not out of keeping with the architecture of Edgartown.

Submitted by the Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 45. To see if the Town will vote to amend the B-II Business District of the Edgartown Zoning By-laws as follows:

10.2.4. B. The total floor area (measured from exterior faces of all structures on all floors of all structures (other than a basement) shall not exceed 50% of the total lot area. Any basement used for commercial space shall not be calculated as part of the total floor area for the purposes of this section of the Zoning By-laws.

Notwithstanding the above, the total floor area for all structures may exceed 50% of the total lot area, but not more than 80% of the total lot area, provided that the applicant demonstrates that the lot shall be served by a common access way, as set forth in Section 10.5.2.g. or shared parking areas with adjacent premises.

Submitted by the Edgartown Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 46. To see if the Town will vote to amend 4.2.h. Wind Energy Conversion Systems (WECS) as follows: To move the WECS regulations currently located in Section 4.2 in the R-60 Residential District to its own section under Article XXIV. Wind Energy Conversion Systems and to re-codify the remainder of subsection, formerly 4.2, to 24.1 as necessary, and correct references to the article in the remaining subsections of the By-law. By-law to be amended to read as follows:

24. Wind Energy Conversion System (WECS)

Conditionally permitted uses require a special permit from the Board of Appeals, in accordance with regulations appearing in Article XVII (17.1) and Article XI (11.6) of this By-law.

24.1 Definition: Wind Energy Conversion System (WECS): A device which converts wind energy to mechanical or electrical energy.

24.2 Setback Requirements: The minimum setback distance for all WECS from the property lines shall be (and continue to be for the life of the installation) at least equal to three (3) times the maximum height of the machine from grade. Setbacks will be measured to the center of the tower base.

24.3 Tower access: Climbing access to the WECS tower shall be limited either by (1) the installation of a fence with locked gate around tower base or (2) by limiting tower climbing apparatus to no lower than10 feet from the ground. If a fence is used, it shall be no lower than five feet and constructed in such a manner as to restrict passage through said fence, including such construction as stockade, woven wood, chain link, etc. but not split rail.

24.4 Public good: The Board of Appeals may grant a Special Permit if the applicant demonstrates that the installation will not cause excessive noise, interference with local television and radio reception or otherwise derogate substantially from the public good.

24.5 Maintenance: A WECS will be considered abandoned if not properly maintained for a period of six (6) months or if designated a safety hazard by the Building Inspector. The owner of any WECS which is considered to be abandoned or designated a safety hazard shall be required to dismantle the installation. All WECS shall be operated in a safe and reasonable manner.

24.6. No wind energy facility or met tower shall be erected, constructed, installed or modified in the Island Wind District of Critical Planning Concern Ocean Zone without first obtaining:

a. A special permit from the Edgartown Planning Board, which may be granted only upon a finding of consistency with the Guidelines of the Island Wind DCPC designation for the Ocean Zone and the Wind Energy Plan for Dukes County; and

b. The Planning Board’s determination that the wind energy facility or met tower complies with this By-law’s general standards for the grant of a special permit; and

c. Approval or approval with conditions by the Martha’s Vineyard Commission as a Development of Regional Impact.

Submitted by the Edgartown Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 47. To see if the Town will vote to amend Article XXIII of the Zoning By-laws Wireless Telecommunications Facilities as follows:

Article XXIII. PERSONAL WIRELESS SERVICE FACILITIES

23.1 Definitions

Personal Wireless Service (PWS) – Telecommunications defined in Section 704 of the Telecommunications Act of 1996, which include, primarily, commercial mobile radio services as defined by the Federal Communications Commission (“FCC”). (For purposes of this article, other wireless services that provide services from central terrestrial antenna site(s) to subscribers, such as “WiFi” or “WiMAX” internet services shall be considered PWSs.)

Personal Wireless Service Facility (PWSF) – An installation that performs the communication between a PWS provider authorized by the FCC to provide such services in Edgartown, and its subscribers. Such installation may consist of such elements as antennas, interconnecting cables, antenna mounting structure or apparatus, electronics, utility interfaces, and relevant equipment. Each PWSF consists of the installation belonging to one PWS provider.

23.2. Purpose

In order to enable the provision of PWS in the Town of Edgartown, adequate and comprehensive cellular phone service to the citizens of Edgartown while protecting the character of residential neighborhoods and of the Town, the following By-law applies to all applications for installation of PWSFs and ancillary equipment installations, including, but not limited, to support structures, antennas, transmitting, receiving and combining equipment, transmission, cables and backup power source.

23.3 Special Permit Required

In all zoning districts, PWSF’s and ancillary equipment installations may be allowed by special permit from the Planning Board. The Planning Board may exempt a PWSF from dimensional requirements delineated in other Articles of this Zoning By-law, provided the Planning Board makes the following findings:

a. The applicant has demonstrated that it cannot substantially provide the needed service from one or more PWSFs that are more compliant with the By-law, or the proposed PWSF, with dimensional waivers, has no material impact on the safety, health, general welfare and quality of the life in Edgartown.

b. There are no alternative means of placing one or more PWSFs to substantially provide the needed service that have a lesser overall impact on Edgartown.

c. That the proposed PWSF is designed to minimize the extent of the requested dimensional waiver(s) by judicious placement on the parcel and judicious analysis of the necessary height.

d. That the visual impacts of the proposed PWSF are mitigated to the maximum practicable extent by such means as described in Sec. 23.4.

23.4 Criteria for Special Permit

a. PWSFs shall be designed to utilize concealed antenna units often called “stealth” technology, unless it is impracticable to do so, on the proposed site or alternative sites, or unless the Planning Board finds the visual impact of the proposed PWSF does not materially affect the Town of Edgartown.

b. If a height greater than 32 feet above ground is proposed for a PWSF antennas or appurtenances, the applicant for the PWSF must demonstrate the need for the height according to 23.3.

c. All new construction of PWSFs shall be concealed, for example, in existing or new structures that are compatible with the architecture of Edgartown such as flagpoles, light posts, steeples or other innovative methods as they are developed and evolve. Attachments to PWSF towers supporting exposed antennas and apparatus that are existing as the date of adoption of this By-law (April 12, 2011) may be exempted from this concealment requirement. If the Planning Board finds that the proposed PWSF, without concealment, causes no material negative visual impact on Edgartown, the Planning Board may permit screening, camouflage, or terrain and existing vegetation to mitigate the visual impact of the PWS.

d. Design of installations shall be traditional, in keeping with the character of Edgartown, and shielded from the abutting structures and public view.

e. All installations and modifications shall comply with the Massachusetts Building Code, specifically with reference to its adoption of steel antenna structure standard TIA-222 as amended from time to time

f. The criteria of Section 11.6 and 17.5 of the Edgartown Zoning By-laws shall be met.

23.5 Application

Each application submitted for consideration shall, unless waived by the Planning Board, be prepared by professionals qualified in the necessary disciplines, such as civil engineers and wireless communications engineers, among others.

b. The PWS provider must be the applicant or co-applicant, who holds the license or authorization to operate the facility, demonstrate the leasehold commitment to the site, and permission of the site owner to apply for the special permit.

c. Applicant must supply a list of alternatives considered and demonstrate that it cannot substantially provide the needed service from one or more PWSFs that are more compliant with the bylaw, or the proposed PWSF with dimensional waivers, has no material impact on the safety, health, general welfare, and quality of life in Edgartown, and there are no alternative means of placing one or more PWSFs to substantially provide the needed service that have a lesser overall impact on Edgartown.

d. The applicant must provide a demonstration of need, supported by maps, and written explanations of data.

e. In addition, the applicant shall submit other information which may be required by the Planning Board to assist in its review process. The Planning Board, at the applicant’s expense may contract with professionals including engineers to assist in its review of the application, which expense shall be reasonable and in accordance with applicable laws of the Commonwealth.

23.6 Prohibited

New wireless towers over 32 feet in height are prohibited, unless the Planning Board makes all necessary findings enumerated in Sec. 23.3. The installation of any wireless communication antennas and apparatus on the Edgartown Water Company Standpipes is prohibited, unless the Planning Board finds that, in lieu of using the standpipes, there are no alternative locations that do not require dimensional waivers in 23.3 for one or more PWSFs to substantially serve the coverage needs.

Submitted by the Edgartown Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 48. To see if the Town of Edgartown will vote to raise and appropriate $2,529.00 to fund the Town’s share of the cost for a feasibility study for the replacement of the Superintendent’s Office. This study will include a review of the space needs for the office, an examination of the MVRHS property to determine a possible site and develop a rough estimate of the cost for a building on that site.

Submitted by the Superintendent of Schools

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 49. To see if the Town will vote to authorize the Edgartown School Principal and the Edgartown School Committee to dispose of the following five busses: 1996-Thomas Bus; 2000-International Bus; 2000-Blue Bird Bus; 2001-Thomas Bus; and 2006-Thomas Bus, in the best interests of the Town.

Submitted by the Edgartown School Principal

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 50. To authorize the Board of Selectmen of the Town of Edgartown to apply for any state and federal funds which might be available to defray all or part of the cost of the design, construction, and equipping of the library project and to authorize the Board of Selectmen to accept and expend any such funds when received without further appropriation, and to see if the Town will vote to approve the design and construction of a new public library, at the Edgartown School site, for the Town contingent on receipt of a state grant.

Submitted by the Library Building Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 51. To see if the Town will vote to raise and appropriate the sum of $140,000.00 to rebuild and resurface various Town streets, provided that a majority of voters casting a ballot (Question #1) thereon at the Annual Town Election to be held on April 14, 2011 vote in the affirmative to allow the Town to exceed its Fiscal Year 2012 Proposition 2½; spending cap.

Submitted by the Highway Superintendent

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 52. To see if the Town will vote to raise and appropriate the sum of $55,000.00 for the building and repairing of various Town sidewalks, bike paths, and storm water drainage systems, provided that a majority of voters casting a ballot (Question #2) thereon at the Annual Town Election to be held on April 14, 2011, vote in the affirmative to allow the Town to exceed its Fiscal Year 2012 Proposition 2½; spending cap.

Submitted by the Highway Superintendent

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 53. To see if the Town will vote to raise and appropriate the sum of $98,000.00 to purchase a backhoe to replace the 1997 backhoe, which has 3600 running hours on it, provided that a majority of voters casting a ballot (Question #3) thereon at the Annual Town Election to be held on April 14, 2011, vote in the affirmative to allow the Town to exceed its Fiscal Year 2012 Proposition 2½; spending cap.

Submitted by the Highway Superintendent

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 54. To see if the Town will vote to authorize the Board of Selectmen to accept and enter into contracts for the expenditure of any funds allotted by the Commonwealth for the construction, reconstruction, and improvements of the Town infrastructure, and to authorize the Board of Selectmen to borrow in anticipation of the reimbursement of funds. (Chapter 291C, Acts of 2004, in the amount of $177,240.00)

Submitted by the Highway Superintendent

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 55. To see if the Town will vote to raise and appropriate the sum of $1,500.00 to install five new street lights on Herring Creek Road between Katama Road and Crocker Drive.

Submitted by the Highway Superintendent

NOT RECOMMENDED BY FINACIAL ADVISORY COMMITTEE

Submitted by the Park Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 57. To see if the Town will vote to appropriate from Free Cash the sum of $24,000.00 to resurface the roller hockey court, a basketball court, and replace fencing.

Submitted by the Park Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 58. To see if the Town will vote to authorize the Edgartown Parks Department to accept gifts or grants to make improvements to the Robinson Road tennis courts.

Submitted by the Park Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 59. To see if the Town will vote to raise and appropriate the sum of $31,965.00 to replace the 1993 Ford Dump Truck and further to authorize the Wastewater Commissioners to dispose of the 1993 Ford Dump Truck in the best interests of the Town.

Submitted by the Wastewater Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 60. To see if the Town will vote to raise and appropriate the sum of $25,000.00 to scrape and paint the lime silo, and to resurface and paint the odor control silos at the Wastewater Facility.

Submitted by the Wastewater Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 61. To see if the Town will vote to raise and appropriate the sum of $50,000.00 for the Wastewater Department’s Equipment and Collection System Maintenance for Fiscal Year 2012.

Submitted by the Wastewater Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 62. To see if the Town will vote to raise and appropriate the sum of $1,500.00 for the purpose of funding the Town’s share of the Martha’s Vineyard Cultural Council’s annual budget for Fiscal Year 2012.

Submitted by Petition

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 63. To see if the Town will vote to authorize the Water Department to transfer the sum of $60,000.00 from the Department’s surplus account to the water expense account for improvements necessary for the town’s water system including: the installation, replacement, cleaning and relining of water mains and appurtenances; the installation and replacement of water service lines and water meters, construction equipment, construction and restoration of pump stations, wells, water treatment, office, standpipe, and other structures, buildings, facilities and grounds, water quality improvements, and for costs incidental and related thereto for Fiscal Year 2012. This article will have no impact on water user’s charges or tax rate. Water surplus funds will finance the purpose.

Submitted by the Water Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 64. To see if the Town of Edgartown will vote to enter into an inter-municipal agreement with the County of Dukes county to provide an Integrated Pest

Management Program (including Rodent Control) and to raise and appropriate or transfer from available funds $14,014.04 as the Town’s proportionate share of the balance ($38,971.20) of the net cost of the program, based on the equalized valuation as computed by the Commonwealth of Massachusetts Department of Revenue for the Fiscal Year starting July 1, 2011. The level budgeted cost of the Pest Management program for the Fiscal Year 2012 is $73,714.00, less projected revenue of $25,000.00, for the net cost of $48,714.00. The County of Dukes County will pay 20% ($9,742.80) of the net cost of the program.

Submitted by the Dukes County Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 65. To see if the Town of Edgartown will vote to enter into an inter-municipal agreement with the County of Dukes County to provide a Vineyard Health Care Access Program and to raise and appropriate or transfer from available funds $26,203.62 as the Town’s proportionate share of the balance ($72,868.80) of the level budgeted projection cost, based on the equalized valuation as computed by the Commonwealth of Massachusetts Department of Revenue for a Fiscal Year starting July 1, 2011. The cost of the level budgeted share of the program for Fiscal Year 2012 is $91,086.00. The County of Dukes County will pay 20% ($18,217.20) of the level budgeted cost of the program.

Submitted by the Dukes County Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 66. To see if the Town of Edgartown will vote to raise and appropriate or transfer from available funds the sum of $14,214.16 to continue the Vineyard Health Care Access Program at the current level of service. These funds, from six Island Towns, will be administered by the County of Dukes County and will provide $58,914.06 countywide. When combined with the County’s Vineyard Health Care Access Program, Article 56, the total amount represents the Town’s proportionate share, based on the 50/50 formula which combines 50% of the cost based on equalized valuation of property values as computed by the Commonwealth of Massachusetts Department of Revenue and 50% based on the Town’s population as documented in the US Census. Based on this formula the percentage of the total for Edgartown is 30.67%.

Submitted by Dukes County Health Council

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 67. To see if the Town will vote to appropriate from Free Cash the sum of $10,000.00 to be added to the Beautification Committee Fund for Fiscal Year 2012.

Submitted by the Beautification Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 68. To see if the Town will vote to support the following:

A resolution of the Town of Edgartown, Massachusetts to end the expenditure of our citizens’ tax dollars for excessive and unaffordable warfare.

Whereas,

the financial resources available for use by governments at the local, county, state, and federal levels in the United States are and must be limited; and

an inordinate level of military expenditure is being made by the U.S. federal government for warfare in Iraq, Afghanistan, and Pakistan; and

of the declared national defense budget, the tax burden on Massachusetts alone is about $21 billion per year, or approximately $3,200 per year for each man, woman, and child of the 6.6 million residents in Massachusetts ($9,600 per year for a family of three); and

for just the supplemental war funding passed in August, $89 billion, the burden on each man, woman, and child in Massachusetts is an additional $454 per year, or a total of more than $3650 per year (not counting prior and possible subsequent supplemental funding bills at the time of this resolution); and

the approximately 4,054 people of Edgartown, Massachusetts are therefore collectively paying or becoming indebted for almost fifteen million dollars ($14,813,316) per year of their limited financial resources for such warfare, which supplied no identified public benefits; and

this warfare creates great and unnecessary harm to the people of the nations of Iraq, Afghanistan, and Pakistan and to the U.S. military personnel and their families; and

education services, infrastructure repairs, other essential public services, and family and private-sector financing in Edgartown and throughout the State of Massachusetts have been substantially reduced in order for an excessive portion of available financial resources to be diverted from the constructive economy to unnecessary warfare; and

all of this transpires as we struggle to recover as a nation, as a state, in our town, in our families and as individuals from a major crises of financial systems,

Now, therefore, be it resolved that the Town of Edgartown, Massachusetts commands the member of the U.S. House of Representatives from the Tenth Massachusetts Congressional District, and both Senators for Massachusetts, to oppose all legislation brought before the U.S. House of Representatives that provides further funding of the U.S. warfare and U.S. military occupation in Iraq, Afghanistan, and Pakistan, and the Town of Edgartown , Massachusetts also commands them each and all to take strong and forceful action to influence the full U.S. House of Representatives and the full Senate to terminate existing occupation and military operations.

Submitted by Petition

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

And you are directed to serve this Warrant by publishing an attested copy thereof in one newspaper having general circulation in said Edgartown, seven days, at least, before the time of holding said meeting or by posting it in six or more conspicuous places in Town at least seven days before the time of said meeting.

HEREOF FAIL NOT, and make due return of the Warrant with your doings thereon to the Town Clerk at the time and place of meeting as aforesaid.

Given under our hands this seventh day of March in the year of our Lord Two Thousand Eleven.

__________________________

Margaret E. Serpa, Chairman

________________________

Arthur Smadbeck

_________________________

Michael J. Donaroma

BOARD OF SELECTMEN

Town of Edgartown

0

WEST TISBURY

COMMONWEALTH OF MASSACHUSETTS

WARRANT FOR

ANNUAL TOWN MEETING

County of Dukes County, SS

To Either of the Constables of the Town of West Tisbury,

GREETINGS:

In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of West Tisbury qualified to vote in elections and in Town affairs to meet in the West Tisbury Elementary School, Old County Road, in said Town on Tuesday the Twelfth day of April, Two Thousand Eleven, at Seven O’Clock in the evening; then and there to act on the articles of this Warrant.

And to meet again in the West Tisbury Public Safety Building (North Tisbury Fire Station) in said West Tisbury on Thursday, the Fourteenth Day of April, at Twelve O’Clock Noon at the Polling Place, then and there to act on Article 1 of the Warrant by the election of Officers on the Official Ballot.

The polls for voting on the Official Ballot will be opened at Twelve O’Clock Noon and shall be closed at Eight O’Clock in the Evening.

ARTICLE 1: To elect the following Officers on the Official Ballot:

One Moderator for One Year

One Member of the Board of Selectmen for Three Years

One Member of the Board of Health for Three Years

One Member of the Board of Assessors for Three Years

One Treasurer for One Year

One Tax Collector for One Year

One Town Clerk for One Year

One Tree Warden for One Year

One Constable for Three Years

Two Members of the Finance Committee for Three Years

Two Library Trustees for Three Years

One Member of the Planning Board for Five Years

One Member of Parks and Recreation for One Year

One Member of Parks and Recreation for Two Years

Two Members of Parks and Recreation for Three Years

One Land Bank Commissioner for Three Years

ARTICLE 2: To hear reports of the Town Officers and Committees and act thereon.

(NO ACTION)

ARTICLE 3: To see if the Town will vote to Raise and Appropriate such sums of money as may be necessary to defray Town Charges and Expenses for Fiscal Year 2012.

(NOT RECOMMENDED 3-0)

ARTICLE 4: To see if the Town will vote to amend the Personnel Bylaw at Sections 26-3, 26-4 and 26-5 to reflect a wage adjustment of 1% effective July 1, 2011.

(RECOMMENDED 4-0)

ARTICLE 5: To see if the Town will vote to authorize the following expenditures in order to defray Town Capital Expenses for Fiscal Year 2012, consistent with the Town’s Capital Improvement Plan:

Project

Expense

Funding Source

Police: Vehicle

$30,700

Appropriate from Free Cash

(See also the full FY 2012 Capital Improvements Budget immediately following the

FY 2012 Budget Proposal in the 2010 Annual Report.) (RECOMMENDED 5-0)

ARTICLE 6: To see if the Town will vote to authorize the Treasurer and Collector to enter into Compensating Balance Agreements during Fiscal Year 2012 as permitted by General Laws, Chapter 44, Section 53F. (RECOMMENDED 5-0)

ARTICLE 7: To see if the Town will vote to expend the sum of Two Thousand Seven Hundred Thirty-One Dollars and Six Cents (2,731.06), surplus dog license fees, received from the county per M.G.L. Chapter 140, Section 172, for the support of the West Tisbury Free Public Library under the direction of the Library Trustees. (RECOMMENDED 5-0)

ARTICLE 8: To see if the Town will vote to Raise and Appropriate the sum of Thirty Five Thousand Eight Hundred Seventy-Eight Dollars ($35,878) to fund the Town of West Tisbury’s share of the administrative expenses of the Dukes County Regional Housing Authority in Fiscal Year 2012; provided however, that the other five towns on Martha’s Vineyard vote in the affirmative to raise and appropriate their respective sums.

(RECOMMENDED 5-0)

ARTICLE 9: To see if the Town will vote to accept the provisions of Chapter 149 of the Acts of 2010, which authorized the creation of the “Dukes County Pooled Other Post-Employment Benefits (OPEB) Trust” and vote to join the Trust, or take any action relative thereto. (RECOMMENDED 4-0)

ARTICLE 10: To see if the Town will vote to Appropriate from Free Cash the sum of $150,000 to the Dukes County Pooled Other Post-Employment Benefits (OPEB) Trust.

(2/3 VOTE REQUIRED, RECOMMENDED 4-0)

ARTICLE 11: To see if the Town will vote to transfer the full balance of the OPEB Stabilization Fund, including interest earnings thereon, to the Dukes County Pooled Other Post-Employment Benefits (OPEB) Trust. (2/3 VOTE REQUIRED, RECOMMENDED 4-0)

ARTICLE 13: To see if the town will enact a temporary tax amnesty program, in accordance with Chapter 188 Section 68 of the Acts of 2010, or take any other action relative thereto.

VOTED: That the town enact the following temporary tax amnesty program, in accordance with Chapter 188 Section 68 of the Acts of 2010, in order to encourage the payment of certain delinquent tax obligations.

Section 1. Amnesty Period: The amnesty program shall begin on April 13, 2011 and end on June 30, 2011.

Section 2. Program Scope: A taxpayer shall receive a waiver of 50% of the total accrued interest, collection costs and penalties owed on liabilities for properties in tax title upon full payment of the outstanding liability and all interest, collection costs and penalties not waived by the end of the amnesty period. (RECOMMENDED 4-0)

ARTICLE 14: To see if the Town will vote to Raise and Appropriate the sum of Sixty Three Thousand Three Hundred Twenty Dollars ($63,320) and further to Appropriate the sum of Fourteen Thousand One Hundred Eighty Dollars ($14,180) from the unexpended balance of funds voted at the Annual Town Meeting in April of 2010 for the Police Department Feasibility Study and Seventy Five Thousand ($75,000) from the unexpended balance of funds originally borrowed for the Town Hall Renovation Project, which funds are no longer needed to complete the project for which they were borrowed, for a total of One Hundred Fifty Two Thousand Five Hundred Dollars ($152,500) to pay costs of the Schematic Design and Planning Phase and the development of construction and bid documents for a new Police Station, as permitted by Chapter 44, Section 20 of the General Laws, or to take any other action relative thereto The scope of this work will include but not be limited to appointing a Design/Building Committee, hiring an Owner’s Project Manager and an architectural firm, obtaining cost estimates for the proposed facility to be located at the Public Safety Building site, and development of construction and bid documents for a vote at a later town meeting.

(RECOMMENDED 4-0)

ARTICLE 15: To see if the Town will vote to Appropriate from Free Cash the sum of Two Thousand Five Hundred Dollars ($2,500) for payment to the Martha’s Vineyard law Enforcement Council as the West Tisbury Police Department’s share of the island wide program. Payment enables the police department to participate in joint training and equipment purchases with other Island police departments including the State Police and other emergency responders in order to improve our ability to respond in emergency cases and situations exceeding the capabilities of a single municipality. (RECOMMENDED 5-0)

ARTICLE 16: To see if the Town will vote to Raise and Appropriate the sum of Two Thousand Ten Dollars ($2,010) to fund the Town’s share of the cost for a feasibility study for the replacement of the Superintendent’s Office. This study will include a review of the space needs for the office, an examination of the Martha’s Vineyard Regional High School property to determine a possible site and develop a rough estimate of the cost for a building on that site, provided however, that the other five towns on Martha’s Vineyard vote in the affirmative to raise and appropriate their respective sums. (RECOMMENDED 3-1)

ARTICLE 17: To see if the Town will vote to Appropriate from Free Cash the sum of Three Thousand One Hundred Sixty-Four Dollars and Ninety-Three Cents ($3,164.93) to fund West Tisbury’s 1/3 share of prior fiscal year bills for the Tri Town Ambulance.

(4/5 VOTE REQUIRED, RECOMMENDED 4-0)

ARTICLE 18: To see if the Town will vote to authorize the renovation and expansion of the West Tisbury Free Public Library contingent upon the receipt of an MBLC construction grant and donation of private funds, which together will cover 75% of the total project costs.

(RECOMMENDED 2-1)

ARTICLE 19: To see if the Town will vote to authorize the Board of Selectmen to apply for, accept and expend any State grants which may be available for the renovation and construction of an addition to the West Tisbury Free Public Library.

(RECOMMENDED 2-1)

ARTICLE 20: To see if the Town will vote to reauthorize revolving accounts previously established by vote of the Town under M. G. L. Chapter 44, Section 53E1/2, for fiscal year 2012, to be credited with receipts from the following revenue sources, to be expended under the authority and direction of the following agencies or officials, for the following stated purposes, not to exceed the following spending limits respectively:

FUND

REVENUE SOURCE

AUTHORITY TO SPEND FUNDS

USE OF FUNDS

SPENDING LIMITS

Wetlands Protection Bylaw

Filing Fees

Conservation Commission

To pay for expenses of the Commission related to the administration of the Bylaw

$2,000

Health Services

Medicare, insurance & other reimbursements

Board of Health

Town health services

$12,000

MVRDRRD

Fees collected at local drop-off by MVRDRRD

Board of Health

Expenses related to operation of the Local Drop-off

$99,000

(RECOMMENDED 4-0 )

ARTICLE 22: To see if the Town will vote to authorize the Board of Selectmen to enter into an intermunicipal agreement with the County of Dukes County to provide an Integrated Pest Management Program (including rodent control), and to further see if the Town will vote to Raise and Appropriate the sum of Five Thousand Five Hundred Thirty-Three Dollars and Ninety-One Cents ($5,533.91) as the Town’s proportional share of the balance ($38,971.20) of the net cost of the program, based on the equalized valuation as computed by the Commonwealth of Massachusetts Department of Revenue for Fiscal Year starting July 1, 2010. The level budgeted projection cost of the Pest Management Program for Fiscal Year 2012 is $73,714 less projected revenue of $25,000 for a net cost of $48,714. The County of Dukes County will pay Twenty percent (20%) ($9,742.80) of the net cost of the program.

ARTICLE 23: To see if the Town will vote to authorize the Board of Selectmen to enter into an intermunicipal agreement with the County of Dukes County to provide a Vineyard Health Care Access Program and further to see if the Town will vote to Raise and Appropriate the sum of Ten Thousand Three Hundred Forty-Seven Dollars and Thirty-Seven Cents ($10,347.37) as the town’s proportionate share of the balance ($72,868.80) of the level budgeted projection cost, based on the equalized valuation as computed by the Commonwealth of Massachusetts Department of Revenue for a fiscal year starting July 1, 2010. The cost of the level budgeted share of the program for fiscal year 2012 is $91,086. The County of Dukes County will pay Twenty Percent (20%) ($18,217.20) of the level budgeted cost of the program. (RECOMMENDED 5-0)

ARTICLE 24: To see if the Town will vote to Raise and Appropriate the sum of Ten Thousand One Hundred Eighty-Nine Dollars and Twenty-Three Cents ($10,189.23) to continue the Vineyard Health Care Access Program at the current level of service. These funds will be administered by the County of Dukes County and will provide Fifty Eight Thousand Nine Hundred Fourteen Dollars ($58,914) county-wide. When combined with Article 24 the total amount represents the Town’s proportionate share, based on the 50/50 formula, which combines 50% of the cost based on equalized valuation of property values as computed by the Commonwealth of Massachusetts Department of Revenue and 50% based on the Town’s populations as documented in the US Census. Based on this formula the total for West Tisbury is 15.70%. (RECOMMENDED 5-0)

ARTICLE 25: To see if the Town will vote to Appropriate from Free Cash the sum of Sixteen Thousand Five Hundred Dollars ($16,500) to be placed in the Ambulance Stabilization Fund. (2/3 vote required, RECOMMENDED 5-0)

ARTICLE 26: To see if the Town will vote to Appropriate from Free Cash the sum of One Hundred Thousand Dollars ($100,000) to be placed in the Fire Equipment Stabilization Fund.

(2/3 vote required, RECOMMENDED 4-0-1)

ARTICLE 27: To see if the Town will vote to make the following amendments to Zoning Bylaw Section 6.2-4A, Designated Special Ways, by adding the following three ways:

Pine Hill Road: Beginning at Old County Road at the southern point of Assessors Map 26, Lot 14.1, opposite the Sheriff’s Meadow parking lot at Nat’s Farm, proceeding northerly along the west boundary of said lot and continuing northerly until the northwestern point of Assessors Map 21, Lot 13 where it intersects Doctor Fisher Road.

Red Coat Hill Road/Motts Hill Road: Beginning at the Tisbury town line on the south side of the easternmost point of Assessors Map 8, Lot 24 and continuing westerly and becoming Motts Hill Road at the intersection with Ben Chase Road and proceeding southwesterly to its intersection with Merry Farm Road between Assessors Map 8, Lots 22.3 and 22.4.

Shubael Weeks Road: Beginning at the Tisbury town line at the northernmost point of Assessors’ Map 8, Lot 31 and proceeding southerly to its intersection with Ben Chase Road at the southern point of Assessors Map 8, Lot 25 and continuing southerly crossing Merry Farm Road and intersecting Beaten Path near the northernmost point of Assessors Map 8, Lot 26.4.

(NO ACTION 5-0)

ARTICLE 28: To see if the Town will vote to Raise and Appropriate the sum of Fifteen Thousand Dollars ($15,000) for the purchase of a boat, motor, trailer and associated equipment for the Shellfish Committee. (RECOMMENDED 4-0)

ARTICLE 30: To see if the Town will vote to Appropriate from Free Cash the sum of Twelve Thousand Five Hundred Dollars ($12,500) for the purpose of installing a sidewalk between the Congregational Church and Alley’s General Store Parking lot.

(NOT RECOMMENDED 3-1)

ARTICLE 31: To see if the town will vote to transfer from the Ambulance Receipts Reserved for Appropriation account the sum of $17,500.00 to purchase a portable computer and three stair-chair stretchers. (RECOMMENDED 4-0)

ARTICLE 32: To see if the Town will vote to act upon the recommendations of the Community Preservation Committee to appropriate and set aside for later expenditure from the Community Preservation Fund established pursuant to Chapter 44B of the Mass. General Laws, FY2012 revenues, in the following amounts to the following reserves:

a. Open Space reserve $40,000 (10% of estimated FY2012 Community Preservation Fund revenues)

b. Historical Resources reserve $40,000 (10% of estimated FY2012 Community Preservation Fund revenues)

c. Community Housing reserve $40,000 (10% of estimated FY2012 Community Preservation Fund revenues)

d. Administrative reserve $20,000 (5% of estimated FY2012 Community Preservation Fund revenues

e. Undesignated reserve $260,000 (65% of estimated FY2012 Community Preservation Fund revenues) (RECOMMENDED 5-0)

ARTICLE 33: To see if the Town will vote to Appropriate the sum of $100,000 from the Community Preservation Historical Resources reserve, supplemented as needed from the Undesignated reserve, to support debt service for the Town Hall renovation bond issue, with $20,000 to be appropriated from the Community Preservation Historical Resources reserve and $80,000 to be appropriated from the Community Preservation Undesignated reserve. This is the third of five annual installments authorized by vote at Annual Town Meeting, April 2008. (RECOMMENDED 5-0)

ARTICLE 34: To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase for open space purposes the approximately 1.4 acres of land known as “The Field Gallery” located at Assessors Map 32 Lot 89, 40 Sweet William Way and to grant such easements and restrictions as may be required by G.L.c.44B and further to see if the Town will vote to appropriate a total of $685,000 for the purchase thereof as follows:

from the Community Preservation Open Space reserve the sum of $275,000;

from the Community Preservation Undesignated Fund Balance the sum of $35,000; from the Community Preservation Open Space FY 2012 anticipated receipts the sum of $40,000;

by authorizing the Treasurer with the approval of the Board of Selectmen to borrow the sum of $175,000 under G.L.c.44,§7 or any other enabling authority;

and by authorizing the Treasurer with the approval of the Board of Selectmen to borrow the sum of $160,000 under G.L.c.44B,§11 or any other enabling authority;

or to take any other action relative thereto.

Note: The Community Preservation Committee recommends the appropriation from the Community Preservation Open Space Reserve the sum of $40,000 per year for four consecutive years to support debt service for the Maley property land acquisition bond issue in accordance with G.L. c.44, sec 11 as stated in the article above.

ARTICLE 35: To see if the Town will vote to Appropriate the sum of $10,000 from the Community Preservation Historical Resources reserve to preserve the town’s historic property records by converting them into microfiche format as required by state regulations.

(RECOMMENDED 3-0)

ARTICLE 36: To see if the Town will vote to Appropriate the sum of $27,038 from the Community Preservation Historical Resources reserve, supplemented as needed from the Undesignated reserve, to catalog and preserve historic material in the collection of the Martha’s Vineyard museum, with $10,000 to be appropriated from the Community Preservation Historical Resources reserve and $17,038 to be appropriated from the Community Preservation Undesignated reserve, as West Tisbury’s proportional share of the project’s total cost ($163,360). (RECOMMENDED 4-1)

ARTICLE 37: To see if the Town will vote to Appropriate the sum of $104,000 from the Community Preservation Community Housing reserve, supplemented as needed from the Undesignated reserve, to support the rental assistance program of the Dukes County Regional Housing Authority for West Tisbury households, with $20,000 to be appropriated from the Community Preservation Community Housing reserve and $84,000 to be appropriated from the Community Preservation Undesignated reserve. (RECOMMENDED 5-0)

ARTICLE 38: To see if the Town will vote to Appropriate the sum of $80,000 from the Community Preservation Community Housing reserve, supplemented as needed from the Undesignated reserve, to support the construction by Habitat for Humanity of Martha’s Vineyard of an affordable home (House #2) in Bailey Park, with $20,000 to be appropriated from the Community Preservation Community Housing reserve and $60,000 to be appropriated from the Community Preservation Undesignated reserve.

(RECOMMENDED 4-0-1)

ARTICLE 39: To see if the Town will vote to reduce the Community Preservation Act property tax surcharge from the current Three Percent (3%). (This will require a ballot vote at the 2012 annual election) (RECOMMENDED 4-0)

ARTICLE 40: To see if the Town will vote to Raise and Appropriate the sum of Four Thousand Dollars ($4,000) to continue testing Mill Brook water quality. This work will be done by staff of the Martha’s Vineyard Commission. (RECOMMENDED 4-0)

ARTICLE 41: To see if the Town will vote to Appropriate from Free Cash the sum of Two Hundred Fifty Thousand Dollars ($250,000) to reduce the tax levy in Fiscal Year 2012.

(RECOMMENDED 5-0)

ARTICLE 42: To see if the Board of Selectmen shall be authorized to petition the State Legislature to allot the Town of West Tisbury to issue licenses for the sale of beer and wine to patrons of restaurants (including within inns and hotels) with a seating capacity of not less than fifty (50) persons to be consumed with meals only. The sale of alcohol only without meals shall be prohibited. Approval of any home rule petition by the Massachusetts State Legislature shall also require approval by the West Tisbury voters in a Town election. Nothing contained herein will authorize the issue of licenses for sale of beer and wine to be consumed not on the premises, i.e., in a package or convenience store.

ARTICLE 44: To see if the Town will vote to direct our President, our Congressional Representative, and our Senators to reduce U.S. military spending by 25%, as proposed by Congressman Barney Frank, former Congressman William Delahunt, and others.

(BY PETITION, NO ACTION)

ARTICLE 45: To see if the Town will vote to direct our President, our Congressional Representative and our Senators to take productive actions to terminate existing occupation and military operations in Iraq, Afghanistan and Pakistan; reduce U.S. military spending by 25%, as proposed by Congressman Barney Frank, William Delahunt and others; and approve funding the rapid and safe withdrawal of all U.S. troops , combative and otherwise, from the aforementioned countries. (BY PETITION, NO ACTION)

And you are directed to serve this Warrant by posting attested copies thereof in not less than six (6) public places in West Tisbury fourteen days at least before the holding of such meeting.

Hereof fail not and make due return of this Warrant with doings thereon to the Town Clerk at the time and place of Meeting aforesaid.

Given under our hands this 16TH Day of March in the Year Two Thousand Eleven.

___________________________

Richard R. Knabel, Chairman

___________________________ Jeffrey S. “Skipper” Manter

___________________________

Cynthia E. Mitchell

WEST TISBURY SELECTMEN

DATE:

I have posted attested copies of the above Warrant in not less than six (6) public places in West Tisbury fourteen (14) days before such meeting.

_____________________________

Timothy A. Barnett

Constable

A true copy, attest: ________________________________

Tara J. Whiting

Town Clerk

0

Aquinnah:

Annual meeting: Tuesday, May 10, 7 pm.

Town election: Wednesday, May 11, noon–7 pm, town hall.

Chilmark:

Annual meeting: Monday, April 25, 7:30 pm, Chilmark Community Center.

Town election: Wednesday, April 27, noon–8 pm. Chilmark Community Center.

Edgartown:

Annual meeting: Tuesday, April 12, 7 pm. Old Whaling Church (Begins with special town meeting).

Town election: Thursday, April 14, 10 am–7 pm. Town Hall selectmen’s meeting room.

Oak Bluffs:

Annual meeting: Tuesday, April 12, 7 pm. (Preceded by Water District Meeting at 6:30 pm). MVRHS Performing Arts Center.

Town election: Thursday, April 14, 10 am–7 pm. Oak Bluffs Library meeting room.Tisbury:

Annual meeting: Tuesday, April 12, 7 pm. Tisbury School gymnasium.

Town election: Tuesday, April 26, 12–8 pm. American Legion Hall.West Tisbury:

Annual meeting: Tuesday, April 12, 7 pm. West Tisbury School gymnasium.

Town election: Thursday, April 14, 12–8 pm. Public Safety Building.

0

In the name of the Commonwealth of Massachusetts, you are hereby directed to warn and notify the inhabitants of the Town of Chilmark, qualified to vote in elections and town affairs, to assemble at the Chilmark Community Center in said Town of Chilmark on Monday, the twenty-fifth day of April in the year Two Thousand and Eleven A.D. at 7:30 o’clock in the evening, there and then to act on the Articles in this Warrant, with the exception of Article One. And to meet again in the Chilmark Community Center, in said Chilmark on Wednesday, the twenty-seventh day of April in the year Two Thousand and Eleven A. D. at 12 noon, there and then to act on Article One of the Warrant by the election of Town Officers and action on Questions on the Official Ballot. The polls for voting on the Official Ballot will be open at 12 o’clock noon, and shall close at eight o’clock in the afternoon. ARTICLE 1. To elect the following officers on the Official Ballot: One Member of the Board of Selectmen for three years.One Member of the Board of Assessors for three years. One Member of the Board of Health for three years. One Trustee of the Public Library for three years.Two Members of the Finance Advisory Committee for three years.One Member of the Finance Advisory Committee for one year. One Member of the Cemetery Commission for three years.Three Members of the Planning Board for five years. One Member of the Planning Board for one year. One Fence Viewer for three years. One Surveyor of Wood, Lumber and Bark for three years.One Tree Warden for one year. ARTICLE 2. To hear the reports of the Town Officers and Committees and act thereon. ARTICLE 3. To see if the town will vote to raise such sums of money as will be necessary to defray town charges and to make the appropriations for the ensuing year, as printed under Departmental Budgets – Salaries and Expenses totals, provided that the amount set forth under the Community Preservation Committee (Dept. 179) shall be funded from the Community Preservation FY2011 Budgeted Reserve. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 4. To see if the town will vote to raise and appropriate the sum of $5,000.00 and further appropriate the sum of $5,000.00 to be received from the Chilmark Town Affairs Council, subject to receipt, which amounts are to be added to the maintenance account of the Chilmark Community Center. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 5. To see if the town will vote to raise and appropriate the sum of $1,500.00 to transfer to the Martha’s Vineyard Cultural Council to supplement state funding. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 6. To see if the town will vote to raise and appropriate the sum of $40,000.00 for a Reserve Fund to be administered by the Finance Advisory Committee, for the fiscal year beginning July 1, 2011. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 7. To see if the town will vote to transfer the sum of $25,000.00 from available funds in the treasury to the General Stabilization Fund. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 8. To see if the town will vote to transfer the sum of $10,000.00 from available funds in the treasury to be placed in the Fire Department Stabilization Fund, with the intent that it be put towards the replacement costs for fire apparatus which is over twenty-five (25) years in age. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 9. To see if the town will vote to transfer from available funds in the treasury the sum of $10,000.00 to fund the costs of installing metal stairs at Squibnocket Beach; including the payment of costs incidental and related thereto. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 10. To see if the town will vote to raise and appropriate the sum of $5,872.96 to fund Chilmark’s share of the County Pest Management program based on the county tax formula and authorize the Board of Selectmen to enter into an inter-municipal agreement with the County of Dukes County to provide an Integrated Pest Management Program. Submitted by the Dukes County Commission RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 11. To see if the town will vote to raise and appropriate the sum of $10,981.33 to fund Chilmark’s share of the Vineyard Health Care Access program based on the county tax formula and authorize the Board of Selectmen to enter into an inter-municipal agreement with the County of Dukes County to provide a Health Care Access Program. Submitted by the Dukes County Commission RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 12. To see if the town will vote to raise and appropriate the sum of $2,645.01 to fund Chilmark’s proportionate share of the Dukes County Health Care Access program, based 50% on the county tax formula and 50% on population, to continue providing the FY2010 level of services to residents in need of assistance. Submitted by the Vineyard Health Care Access program RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 13. To see if the town will vote to transfer the sum of $30,000.00 from the Waterways Improvement account to pay to rebuild the Town Dock at Hariph’s Creek, including the payment of costs incidental and related thereto. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 14. To see if the town will vote to approve the following requests of the Community Preservation Committee: To see if the Town will vote to reserve from the Community Preservation Fund FY 2011 estimated annual revenues up to the following amounts for community preservation projects: $24,930 for Open Space Preservation; $24,930 for Historic Resources Preservation; $24,930 for Housing; and $174,480 for the Community Preservation Budgeted Reserve. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 15. To see if the town will vote to approve the following request of the Community Preservation Committee: To see if the town will vote to appropriate from the Community Preservation Historic Resources Reserve the sum of $20,000.00 to restore historic stone walls along the public roadsides. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 16. To see if the town will vote to approve the following request of the Community Preservation Committee: To see if the town will vote to appropriate from the Community Preservation Affordable Housing Reserve the sum of $20,000.00 to expand and continue funding of the Chilmark Housing Year-Round Rental Conversion Program, managed by the Dukes County Regional Housing Authority. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 17. To see if the town will vote to approve the following request of the Community Preservation Committee: To see if the town will vote to appropriate from the Community Preservation Historic Resources Reserve the sum of $9,240.00 to Chilmark’s share of an island-wide funding campaign to catalog Martha’s Vineyard Museum historic records and preserve historic artifacts. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 18. To see if the town will vote to approve the following request of the Community Preservation Committee:To see if the town will vote to appropriate from the Community Preservation Historic Resources Reserve the sum of $5,000.00 towards the stabilization and eventual restoration of the Nomansland Boat owned by the Martha’s Vineyard Museum. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 19. To see if the town will vote to approve the following request of the Community Preservation Committee: To see if the town will vote to appropriate $150,000.00 to partially fund renovations of the historic Tea Lane Farm house; and to meet this appropriation transfer the following amounts: $20,000.00 from the Community Preservation Historic Resources Reserve; $70,000.00 from Community Preservation Budgeted Reserve Funds; $60,000 from Community Preservation Undesignated Reserve Funds. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 20. To see if the town will vote to transfer from available funds in the treasury the sum of $100,000.000 to continue the funding of OPEB (Other Post Employment Benefits) obligations. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 21. To see if the town will vote to transfer from available funds in the treasury the sum of $24,465.00 to purchase new software and training for the Accounting Department, including the payment of costs incidental and relative thereto. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 22. To see if the town will vote to transfer from available funds in the treasury the sum of $9,000.00 to procure engineering and/or architectural services for repairs and improvements to the Community Center, including the payment of costs incidental and relative thereto. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 23. To see if the town will vote to transfer the sum of $220,000.00 from the Fire Department Stabilization Fund to purchase and equip a new fire tanker, including the payment of costs incidental and relative thereto. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 24. To see if the town will vote to transfer from available funds in the treasury the sum of $7,500.00 to upgrade self contained breathing apparatus (SCBA) at the Fire Department, including the payment of costs incidental and relative thereto. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 25. To see if the town will vote to transfer from available funds in the treasury the sum of $10,000.00 to purchase replacement Personal Protective Equipment (PPE) for the Fire Department, including the payment of costs incidental and relative thereto. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 26. To see if the town will vote to transfer from available funds in the treasury the sum of $32,165.00 to purchase and equip a new Ford Expedition 4×4 for the Police Department to replace the 2002 Chevy Tahoe, including the payment of costs incidental and relative thereto. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 27. To see if the town will vote to raise and appropriate the sum of $2,500.00 to purchase joint training and equipment for the Island Tactical Response Team, including the payment of costs incidental and relative thereto. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 28. To see if the town will vote to transfer from available funds in the treasury the sum of $2,200.00 to purchase 2010 Microsoft Office software licenses, including the payment of costs incidental and relative thereto. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 29. To see if the town will vote to transfer from the Ambulance Receipts Reserved for Appropriation account the sum of $17,500.00 to purchase a portable computer and three stair-chair stretchers. Submitted by the Tri Town Ambulance Committee RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 30. To see if the town will vote to transfer from available funds in the treasury the sum of $1,237.00 to fund the Town’s share of the cost for a feasibility study for the replacement of the Superintendent’s Office. This study will include a review of the space needs for the office, an examination of the Martha’s Vineyard Regional High School property to determine a possible site and develop a rough estimate of the cost for a building on that site. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 31. To see if the town will vote to transfer from available funds in the treasury the sum of $3,500.00 to purchase a computer server and scanner for the town hall, including the payment of costs incidental and relative thereto. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 32. To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 32 § 85 H ½; regarding the calculation of disability retirement for police and fire. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 33. To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 59 § 5 allows abatements for National Guard members on active service. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 34. To see if the Town will vote to direct the Board of Selectmen to investigate the use of the capped landfill for a photovoltaic array site and to authorize the Board of Selectmen to lease the site if they determine it is feasible and in the financial interest of the town. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 35. To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 41 § 100G that allows a town to pay for up to $2,000.00 for funeral expenses for line of duty deaths for police and fire. RECOMMENDED by FINANCE ADVISORY COMMITTEE ARTICLE 36. To see if the town will vote to amend the Zoning Bylaw by replacing the current language with the following: Article 2: Definitions:

2.22 Swimming Pools For the purposes of this bylaw, a Swimming Pool shall be defined as any structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designed to contain, or is capable of containing water more than 42 inches deep at any point and has an area of 100 square feet or more. Article 4.2 A Section 3. Swimming Pool and/or Tennis Court. A swimming pool and a tennis court are considered accessory to the use of a principle dwelling. The Town will follow the current approved MA Building Code on Swimming Pools 780 CMR and will adhere to the following process: a. Permitting and Enforcement: A Special Permit is required for a swimming pool or tennis court. The Special Permit is issued by the Zoning Board of Appeals and is enforced by the Building Inspector. b. Application: The applicant/owner must own the principal dwelling for two (2) years before applying for a Special Permit for a swimming pool or tennis court. Principal dwelling ownership begins when an occupancy permit for the principal dwelling is issued by the Building Inspector or from the date of transfer of property with an existing occupiable dwelling. Special Permits for new swimming pools and tennis courts may not be transferred to new owners.c. Use: Such swimming pool or tennis court is used only by the residents of the principal dwelling and their guests. d. Setbacks: No portion of the swimming pool or tennis court may be located within 50 feet of any boundary line of said lot. Related equipment will be placed in a location approved by the Zoning Board of Appeals. Depending on the lot, the Zoning Board of Appeals may require a sound insulated shed or underground vault for pool related equipment. e. Enclosure: Swimming pool enclosures are required and must be in accordance with current MA Building Code 780 CMR 120.M. If a stone wall is used for fencing, it must meet MA State Building Code Guidelines for Solid Barrier Surfaces, 780 CMR 120.M 105 Barrier Requirements, Section 3. f. Location: The location of the swimming pool, related equipment or tennis court shall not materially impair the view of natural surroundings from a way used by the public, from public land or from abutting lots. For safety reasons, there must be a clear line of sight from the principal dwelling to the swimming pool, as determined by the Zoning Board of Appeals. g. Covers: All swimming pools will be equipped with a winter safety cover for off-season use. h. Energy Use: Heated swimming pools (including the heating system, pool related pumps, filters and circulators) are permitted if the heat is supplied by solar or alternative systems, which are the most current energy-efficient systems, as approved by the Zoning Board of Appeals. If a water heating system is added to an existing swimming pool, a Special Permit is required for the installation. i. Light: The swimming pool or tennis court must comply with Chilmark Zoning Bylaw Article 5, Section 5.5, 5.6 and 5.7. Submerged in-pool lights and path lights are permissible. Tennis courts may not be lighted. j. Noise: The swimming pool and related equipment or tennis court must comply with Chilmark Zoning Bylaw Article 5, Section 5.9.k. Screening and Landscaping: A screening plan shall consist of native, non-invasive species, provided they are consistent with Article 4.2A, sections 3.f and 3.j and must be perpetually maintained for the life of the pool. l. Fire Protection: An accessible and functional standpipe is required for pools containing more than 7500 gallons of water with the design, placement and operation to be approved by the Chilmark Fire Chief. m. Initial Filling: The initial filling of the pool shall come from an off-site source and shall not occur until the pool is in compliance with e. Enclosure and the pool area may be safely secured. n. Drainage: The concentration of potentially hazardous chemicals in the water must be significantly reduced and properly tested before any necessary draining of the pool water directly into the ground of the property. Submitted by the Planning Board at the Request of the Zoning Board of Appeals No Action Taken by FINANCE ADVISORY COMMITTEE ARTICLE 37. To see if the Town will vote to adopt the following Personnel Bylaw: HUMAN RESOURCES BYLAW of the Town of Chilmark Section 1.0 General ProvisionsSection 2.0 Recruitment and Hiring Section 3.0 Initial Evaluation Period Section 4.0 Classification and Compensation Plans Section 5.0 Employee Development and Training Section 6.0 Authorized Leaves Section 7.0 Family and Medical Leave Section 8.0 Civic Leave Section 9.0 Holidays Section 10.0 Travel Reimbursement Section 11.0 Performance Evaluations Section 12.0 Disciplinary Action Section 13.0 Grievance Procedure Section 14.0 Longevity Section 15.0 Group Health and Life Insurance Section 16.0 Retirement Section 17.0 Enactment Section 1.0 GENERAL PROVISIONS 1.1 Purpose The purpose of this Bylaw is to establish a system of human resources administration based on merit principles including, but not limited to: (a) recruitment, selection and classification of employees under fair and open competition on the basis of abilities, knowledge, education and skills for the position; (b) fair and equitable treatment of all applicants and employees in all aspects of the human resources system, without regard to age, race, religion, color, creed, gender, sexual orientation, national origin, political affiliation, or disability and with proper regard for privacy and constitutional rights; (c) retention, where possible, and advancement of employees based on performance, work history, cooperative attitude, service to the public and the Town’s fiscal stability; and (d) ongoing review of employee goals and objectives with reasonable efforts to assist employees to enhance skills and performance. 1.2 Application All Town Departments and personnel shall be subject to the provisions of this Bylaw and the policies and procedures adopted pursuant to this Bylaw, except elected officers, employees of the School Department, Temporary Employees and Seasonal Employees. Whenever a provision of this Bylaw conflicts with any provision of a collective bargaining agreement or an employment agreement, the terms of the collective bargaining agreement or employment agreement shall apply pursuant to Massachusetts General Laws, as amended from time to time. All remaining provisions of the Bylaw shall remain effective. Where the work of employees paid by the Town of Chilmark is supervised by persons, Boards, Committees or Commissions that are not subject to this Bylaw, the provisions of the Bylaw and accompanying Human Resources Procedures Manual (HRPM) remain applicable to those employees. Under authority granted in the General Laws of the Commonwealth of Massachusetts, non-elected paid Chilmark employees, unless otherwise stipulated in their appointment letters, are subject to annual reappointment by the Board of Selectmen. In exercising this authority, the Board of Selectmen shall be guided by the Purpose of this Bylaw as set forth in Section 1.1 above. 1.3 Definitions The following definitions shall apply to this Bylaw: Appointing Authority: The Board of Selectmen of Chilmark is the Appointing Authority for all Town Employees. Benefits-eligible Employee: A Year-round employee whose weekly annual average number of hours worked is equal to or greater than 20 hours in a normal work week. Classification Plan: The Classification Plan, as administered by the Human Resources Board of Chilmark (HRBC), has two components: The first is a uniform system for job classification of all positions as exempt, non-exempt or seasonal. The second component is the job grade classification of all positions to establish proper relationships between positions, based on the level of responsibilities and the minimum qualifications required to perform the job.Compensation Plan: The regular paid wage schedule that is assigned to a position’s grade and step level, administered by the HRBC. Department Head: An elected official, appointed employee or the Chairman of a Town Board, Committee or Commission responsible for supervising a Department’s operations or activities. Exempt Employee: An employee whose position is exempt from the overtime provisions of the Fair Labor Standards Act, as amended from time to time. Full-time Employee: A full-time employee is one who works 40 hours per work week. General Laws: The General Laws of the Commonwealth of Massachusetts. HRBC: The Human Resources Board of Chilmark. Human Resources Procedure Manual (HRPM): The Manual prepared by the HRBC that defines the procedures for implementing the human resource management functions as set forth in the Town’s Human Resources Bylaw. Changes to the Procedures Manual require a majority vote of approval by the HRBC and final approval by the Board of Selectmen. Immediate Family: An employee’s spouse, spousal equivalent, children, stepchildren, grandchildren, parents, parents of spouse, siblings, and those others for whom recognized legal responsibility exists.Initial Evaluation Period: The first six (6) months of employment for all new Year-round Employees or existing Year-round Employees who assume a position within a different Department or with a job description with duties that are different from the old position. Notwithstanding the foregoing, police officers are subject to a one-year initial evaluation period. Non-exempt Employee: An employee whose position is subject to the overtime provisions of the Fair Labor Standards Act, as amended from time to time. Personal Pay Rate: A rate of pay that is above the maximum rate for the job as set forth in the Compensation Plan. Project Employee: An employee who is hired to work on a specific project for a limited period of time that shall not exceed Twelve (12) consecutive months. A Project Employee is not subject to, or have the benefits of the Bylaw, except for those provisions relating to the Classification and Compensation Plans promulgated by the HRBC. A Project Employee may be considered for re-hiring, but a project employee who wishes to return is not guaranteed a position of employment the following year or term.Seasonal Employee: An employee who works for a limited period of time related to a particular season, as listed in the HRPM. While Seasonal Employees are subject to and are the beneficiaries of the General Laws of Massachusetts, they are not subject to the overtime provisions of the Fair Labor Standards Act nor are they subject to, or have the benefits of, this Bylaw, except for those provisions relating to the Classification and Compensation Plans promulgated by the HRBC for Seasonal Employees. Seasonal Employees may be considered for re-hiring but, seasonal employees who wish to return are not guaranteed a position of employment the following season. Supervisor: As specified in each job description, the Board of Selectmen, an employee, Town Board, Committee or Commission Chairman who directs the activities of another employee or group of employees. Temporary Employee: An employee who is hired on an interim basis to fill a position which is vacant temporarily or an employee who is hired for emergency purposes usually for a period of 30 days or fewer, but may be extended one additional 30-day period with the prior approval of the Appointing Authority. Town:The Town of Chilmark. Year-round Employee: An employee who has successfully completed the Initial Evaluation Period.

1.4 Human Resources Board of Chilmark (HRBC) The HRBC shall consist of five voting members of the Town appointed by the Board of Selectmen for staggered terms of three years each. The HRBC shall serve without compensation. No person employed by the Town shall be eligible to serve on the HRBC. However, there shall be an employee of the Town who is selected annually by the employees to represent them on the HRBC as a non-voting member. This employee shall bring issues to the HRBC that are of concern to all Town employees and shall report back to the employees as needed. The mission of the HRBC is to help ensure that the Town is in compliance with all applicable employment statutes, that its employees are treated fairly and uniformly in a transparent, merit-based human resources system, and that the service delivery to Town residents and taxpayers is enhanced through a performance-driven, efficient and motivated work force. The powers and duties of the HRBC shall include: Formulating policies, procedures and regulations as necessary to ensure proper human resources administration; Interpreting the Human Resources Bylaw and serving, advising and assisting the Board of Selectmen on its implementation; Developing and maintaining a Classification Plan and a Compensation Plan; Developing and maintaining job descriptions for positions included in the Classification and Compensation Plans; Periodically reviewing the wage rates of all positions subject to the Compensation Plan; Administering the Classification and Compensation Plans, including the placement of positions within the Classification and Compensation Plans, and recommending initial compensation, where appropriate, at step levels higher than the entry level of step 1, and making other decisions necessary for the proper management of the Classification and Compensation Plans. The HRBC may recommend a change in classification for a Year-round Employee to the Appointing Authority after receiving a request from the supervisor. Keeping informed of trends in compensation, human resource procedures, State and Federal employment laws and recommending to the Town any action deemed necessary; Advising and assisting Town Boards, Committees, Commissions and Department Heads on matters of human resources administration, as needed; Determining which human resource records are to be maintained and the procedures for their administration and access; Conducting grievance hearings, as necessary; Participating as an observer in human resource matters, as requested; Encouraging and, where practicable, requiring training programs for employees. 1.5 Human Resource Records The HRBC shall be responsible for the preparation and maintenance of job descriptions for all positions including the determination of a position’s exempt or non-exempt status. The HRBC shall be responsible for the confidential maintenance of all human resources records and files as set forth in the HRPM. An employee is entitled to examine the contents of his or her individual human resource file(s) at a pre-arranged time and with the custodian of the files present. Section 2.0 RECRUITMENT AND HIRING Recruitment and hiring of prospective employees shall be conducted in a non-discriminatory manner in accordance with the procedures set forth in the HRPM and shall be consistent with the provisions of Section 1.1 above.

Section 3.0 INITIAL EVALUATION PERIOD 3.1 The first six (6) months of employment of a Year-round Employee, including any extensions thereof, or 12 months in the case of a police officer, shall be known as the Initial Evaluation Period. During the Initial Evaluation Period, an employee will be observed and evaluated on his or her conduct, performance against specified goals and objectives, and work habits. The employee shall accrue authorized leave benefits as outlined in the Bylaw during this period, but may not use these accrued benefits as paid leave until successfully completing the Initial Evaluation Period. During the Initial Evaluation Period the employee does not have access to the Bylaw’s Grievance Procedure, and may be terminated with or without cause at any time by the Appointing Authority, upon the recommendation of the Department Head or Supervisor. 3.2 Upon completion of the Initial Evaluation Period, the Appointing Authority shall notify the employee in writing of the decision that the employee has or has not attained Year-round Employee status. This decision shall be based upon a performance appraisal and recommendation made by the employee’s Department Head or Supervisor. Such notification shall be placed in the employee’s human resources file as referenced in the HRPM. 3.3 The Initial Evaluation Period may be extended for no more than three (3) months at the request of the Supervisor with the approval of the Board of Selectmen. Section 4.0 CLASSIFICATION AND COMPENSATION PLANS 4.1 Classification and Compensation Plans The HRBC shall develop a Classification Plan and a salary Compensation Plan to promote the recruitment of qualified applicants and to reward and retain employees based on a satisfactory job performance and evaluation. The Compensation Plan may take into consideration the relative responsibilities of positions as set forth in the job descriptions, wage rates paid for comparable positions in comparable communities, as well as in the private sector, wage rates paid under collective bargaining agreements, economic conditions in the general labor market and the Town’s fiscal condition. The plan, after approval by Town Meeting vote, shall be reviewed and revised as needed from time to time in order to maintain a fair and equitable compensation system for the Town. 4.2 Step Increases Progression through the rate ranges normally will be one step annually, unless otherwise requested by the Department Head and approved by the HRBC and Appointing Authority. Step increases may be given only on the basis of satisfactory work performance as certified annually by the Appointing Authority. 4.3 Promotions and Transfers When an employee is promoted to a higher-rated job, the employee shall enter the position at the minimum rate of the job range or at the employee’s present rate, whichever is higher. The employee may also receive a step increase at that time if the Department Head feels that the employee’s qualifications and performance warrant it and with Human Resources Board and Appointing Authority approvals. If an employee is transferred and reclassified to a lower-rated job, the employee shall enter the position at the employee’s present rate or at the maximum rate of the position, whichever is lower. When rate ranges are affected by a wage increase voted by the Town, either by a fixed percentage or a fixed amount, an employee covered by the Compensation Plan and in the classifications specified, except those holding personal rates, shall benefit. An employee holding a personal rate shall not receive an increase until the maximum rate from the Classification Plan exceeds the personal rate. No pay shall be reduced as a result of a rate range revision of the plan. If an employee receives a pay rate above the maximum rate for the job, this rate becomes a personal rate and applies only to the present employee. Any earned, unused compensatory time shall follow the employee to his or her new position and shall be paid at the new pay rate when the time is used. 4.4 Temporary Employee Compensation A Temporary Employee shall be paid at the entry level step 1 of a position’s grade as outlined in the Compensation Plan or at a higher step as recommended by the HRBC and approved by the Board of Selectmen. 4.5 Overtime Year-round non-exempt employees, or other employees as required by the Fair Labor Standards Act, as amended from time to time, will be paid one and one-half (1 1/2) times their regular hourly rate for all hours worked in excess of 40 hours per week within the Department where the employee is regularly employed. Overtime work must be approved by the employee’s Department Head before working the extra hours. Where overtime is performed for a Department other than the employee’s regular Department, the overtime rate will be one and one-half (1 1/2) times the appropriate rate schedule for the work performed. Overtime paid to an employee working for a Department other than the employee’s regular Department shall only be approved with a prior written recommendation from the Department Head for whom the work is to be performed. Leave or holiday hours utilized during a work week will not be credited as “hours worked” for purposes of calculating overtime. 4.6 Compensatory Time There are occasions where the Town may grant Compensatory Time (Comp. Time) to non-exempt employees as set forth in the HRPM. 4.7 Police Department On-Call Compensation Members of the Police Department shall receive on-call compensation, the amount to be determined annually by the Board of Selectmen. Section 5.0 EMPLOYEE DEVELOPMENT AND TRAINING To improve the quality of services provided by the Town and to help employees develop skills needed for their position, the Department Head and/or Appointing Authority shall identify effective sources of training and provide resources, where practicable, to allow designated employees to pursue training opportunities provided they are in the Town’s interest. Section 6.0 AUTHORIZED LEAVES 6.1 Vacation 6.1.1 Year-round, Benefits-eligible employees working twenty (20) or more hours per week shall be entitled to vacation leave with pay pro-rated based on their regularly scheduled hours of work per five-day work week. 6.1.2 Vacation leave shall be granted annually to Year-round, benefits-eligible employees in accordance with the following schedule:

Employees who have completed at least six (6) months, but less than one year, of continuous service: regular, budgeted paid leave. Leave shall be credited upon completion of six (6) months of employment.

Employees who have completed at least one (1) year, but fewer than five (5) years, of continuous service: 10 days/2 weeks paid leave. Leave shall be earned at the rate of 0.83 days per month.

Employees who have completed at least five (5) years, but fewer than ten (10)years, of continuous service: fifteen (15) days/three weeks paid leave. Leave shall be earned at the rate of 1.25 days per month.

Employees who have completed at least ten (10) years or more of continuous service: 20 days/4 weeks paid leave. Leave shall be earned at the rate of 1.66 days per month. At the discretion of the Board of Selectmen, a greater accrual rate may be granted based on exceptional qualifications. 6.1.3 Requests for vacation leave must be approved by the Supervisor, Department Head or Appointing Authority. Vacation leave shall be taken by the end of the fiscal year following the fiscal year in which it was earned. Vacation time not so utilized shall expire unless extended for a specified period of time by the Appointing Authority. 6.1.4 Employees who terminate their employment or retire will be eligible for payment for unused vacation time as allowed in Section 6.1.3. In the event of the death of an employee, the payment will be made to the employee’s estate. 6.2 Sick Leave 6.2.1 Year-round, Benefits-eligible employees shall accrue sick leave at the rate of twelve (12) days per year. Leave shall be earned at the rate of one (1) day per month. Unused sick leave may accumulate from year to year to a maximum accumulation of sixty (60) days. A day of earned sick leave shall be equal to an employee’s current average daily number of hours worked in a work week. 6.2.2 Sick leave may be granted for a medical appointment, an employee’s illness or injury. For the care required for the employee’s immediate family, sick leave may be used by an employee when time off is allowed as provided in Section 7.0 of this Bylaw. 6.2.3 If an employee who chooses to resign or retire has accumulated sick leave; has worked for the Town for at least five (5) years; and is in good standing, he or she shall be compensated for up to 60 days of accrued sick leave at the following rates: 5 – 10 years of continuous employment 25%. More than 10 years of continuous employment 50%. 6.3 Injury Leave In addition to the rights an employee has under the General Laws, as amended from time to time, an employee who is incapacitated from working due to injuries arising outside of work, and not in the course of employment for the Town, may apply sick leave to supplement disability benefits received because of such injuries. In no event shall an employee be allowed to apply sick leave which would result in his/her receiving more than his/her regular full salary. 6.4 Bereavement Leave Bereavement Leave with pay may be granted by the Department Head to any employee to enable him/her to take care of matters caused by the death of a person with whom the employee maintained an immediate family relationship. Bereavement Leave shall be limited to no more than five (5) sequential work days. Compensation for a Benefits-eligible Employee shall be based on the employee’s regular compensation for scheduled hours for which he/she is absent. 6.5 Military Leave The regulations as outlined in the Uniformed Services Employment and Reemployment Rights Act (USERRA), as amended from time to time, shall apply to Military Leave. 6.5.1 Leave for Military Training In order to receive military training, a Year-round Employee who is a member of the ready reserve of the armed forces shall be granted leave not exceeding seventeen (17) days per calendar year (Reserve Duty). An employee on Reserve Duty is eligible to receive the difference between his/her regular wages or salary and military pay for no more than ten (10) working days per calendar year. An employee shall provide notice of the date of departure and date of return on the next working day after receipt of notification, along with a copy of written military orders, and shall provide confirmation of the completion of such training upon his or her return to work. Absence from work for Reserve Duty as provided in this section shall not affect the employee’s right to receive normal vacation leave, sick leave, family medical benefits or other employment benefits to which the employee is otherwise entitled. Absence from work for military training as provided in this section shall not affect the employee’s right to receive normal vacation leave, sick leave or other employment benefits. 6.5.2 Leave for Active Military Duty The regulations outlined in the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, shall apply to an employee who is absent from work for active military duty. In addition to the benefits set forth in such regulations, while the employee is on active duty, the medical benefits to which the employee otherwise would have been entitled shall not be diminished on account of said service.

6.6 Parental Leave Any leave taken under this section shall be deemed leave taken under the provisions of the Family and Medical Leave Act (FMLA). 6.6.1 Maternity/ Paternity Leave In addition to the rights an employee has under the Massachusetts General Laws or the Federal Family and Medical Leave Act, as amended from time to time, a Year-round, benefits-eligible employee shall be entitled to maternity/paternity leave for a period not exceeding eight (8) weeks for the birth of a child or for adopting a child under the age of 18, or under 23 if the child is mentally or physically handicapped. Leave under this section shall be unpaid, unless the employee is eligible to apply for other leave, such as sick or vacation leave to which he or she is entitled, pursuant to the applicable provisions of this Bylaw. If feasible, at least two weeks advance notice shall be given prior to the commencement of Maternity/Paternity Leave. 6.6.2 Same-Sex Marriage The Town shall be guided by applicable Massachusetts law in determining parental leave to be granted to an employee who is a spouse in a same-sex marriage. 6.7 Jury Duty Leave An employee shall be granted leave when called for jury duty and shall be paid his or her regular wages for the first three (3) days, or part thereof, of jury service. An employee shall continue to be paid his or her regular wage if he or she continues serving on jury duty after the first three days. The employee must provide proof of such service to the Department Head prior to receiving any compensation pursuant to this Section. Upon completion of jury duty service and after the employee receives all jury duty compensation from the court, a copy of all jury duty compensation payments shall he given to the Town Accountant. The total amount paid by the court for serving on jury duty will be deducted from the employee’s next pay check. An employee is required to report for work while on jury service if released before the end of the regular work day and if the time of release will allow for at least two hours of work. When an employee is called for jury duty, the employee must notify his or her direct Supervisor the next working day. 6.8 Leave of Absence 6.8.1 Religious Observance A Department Head may grant a leave of absence to an employee whose sincerely held religious beliefs mandate such observance, where practicable, for the observance of religious obligations and holidays to an employee that qualifies for such religious accommodation under applicable law. An employee must provide a reasonable amount of advance notice, which shall normally be ten (10) days, to the Supervisor or Board of Selectmen. An employee may take such leave as unpaid leave, charge the time to vacation, or with the approval of the Department Head or Board of Selectmen, schedule additional hours of work to compensate for the time lost. 6.8.2 Unpaid Leave of Absence Upon the recommendation of the Department Head, the Board of Selectmen may grant an unpaid leave of absence at the request of an employee. An unpaid leave of absence may be granted to allow an employee to pursue educational opportunities, to deal with personal matters, or for such other reason as the Board of Selectmen deems reasonable and appropriate. In determining whether an unpaid leave of absence should be granted, the Board of Selectmen may consider the employee’s performance, the impact of the employee’s absence on the work in the Department, and/or other factors that the Board of Selectmen deems relevant. An unpaid leave of absence may be for a period of time not to exceed one (1) year. An employee must give notice of his or her intention to return or not return to work at least one month before the authorized period for unpaid leave expires. The Board of Selectmen may at their discretion grant an extension beyond one year upon receipt of a written request from the employee at least one month in advance of the one- year expiration date. No seniority will accrue during a leave of absence, and the employee will not be eligible for benefits during the leave period. An employee who fails to return to work upon the expiration of the approved unpaid leave will be deemed to have voluntarily terminated his or her employment. When the employee returns from a leave of absence, the employee is eligible for, but not guaranteed, reinstatement to the same or equivalent position, if such a position exists at the time of the employee’s return. 6.9 Personal Leave Year-round, Benefits-eligible employees will be granted two (2) days of leave with pay each fiscal year for the purpose of attending to personal business which unavoidably conflicts with the employee’s work schedule. Whenever possible, an employee must provide a reasonable amount of advance notice, which shall normally be ten (10) days, to the Department Head or Supervisor, with a copy of such notification to the Executive Secretary. Section 7.0 FAMILY AND MEDICAL LEAVE 7.1 Family and Medical Leave Act (FMLA) Year-round, Benefits-eligible Employees that actually worked at least 1,250 hours during the prior year are entitled to medical leave benefits in accordance with the provisions of the Family Medical Leave Act. 7.2 Family Necessity Leave In accordance with General Laws, as amended from time to time, a Benefits-eligible Employee is entitled to a total of twenty-four (24) hours of Family Necessity Leave during a fiscal year, twelve (12) month period. For purposes of this Bylaw Family is defined as “Immediate Family”. In addition to other leave under this section, Family Necessity includes participation in school activities directly related to the educational advancement of the employee’s child, accompanying the employee’s child to routine medical or dental appointments, and accompanying an elderly relative to routine medical or dental appointments or other professional services related to the elder’s care. Leave under this provisionis in addition to the twelve (12) week FMLA leave provision, and may be taken on an intermittent or reduced leave schedule. Family Necessity Leave will be unpaid but the employee may apply any available paid leave to this period, pursuant to the applicable provisions of this Bylaw. Section 8.0 CIVIC LEAVE Any employee of the Town who serves as a volunteer emergency medical technician or firefighter may serve as an emergency responder during the employee’s regular working hours. Leave under this section is unpaid unless approved by the Department Head or Supervisor. Section 9.0 HOLIDAYS The following holidays shall be observed on the days on which they are designated by the Commonwealth of Massachusetts and as referenced in the HRPM. A Year-round Employee who does not have an established Monday-Friday work schedule or whose regular work schedule does not include the day upon which a Holiday falls or upon which it is observed, shall be granted a paid day off on a day that is approved by his or her Supervisor. This paid day off shall be taken within the fiscal year of the observed paid Holiday. Employees shall be entitled to half days before New Year’s Day, Thanksgiving Day and Christmas Day in addition to the holiday provided these half days fall on working days and the employee is not necessary to maintain essential Town services. • New Year’s Day • Martin Luther King, Jr. Birthday • Presidents’ Day • Patriots’ Day • Memorial Day • Independence Day • Labor Day • Columbus Day • Veterans’ Day • Thanksgiving Day • Christmas Day Under the provisions of M.G.L. Chapter 4, Section 7, Clause Eighteen, legal holidays that fall on a Saturday shall be observed on that day. Employees assigned to work shall be given an additional day off as the law and applicable collective bargaining agreements allow. Whenever possible, the following Monday shall be used as the alternative day off. A legal holiday shall be observed on the day following when said holiday should occur on Sunday. A Year-round, Non-Exempt Employee who is required by his or her Supervisor to work on a holiday will be compensated for the hours worked at a rate of pay equal to one and one-half (1 1/2) times his/her regular hourly rate, in addition to his or her regular pay for the day. Section 10.0 TRAVEL REIMBURSEMENT For approved travel, an employee and/or elected official shall be reimbursed for mileage, meals and lodging expenses incurred while engaged in Town business in accordance with the procedures set forth in the HRPM. Section 11.0 ANNUAL PERFORMANCE EVALUATIONS 11.1 Performance evaluations of all non-elected Year-round Employees shall be conducted annually on or about the employee’s anniversary date. The employee’s Supervisor, Department Head and/or Chair(s) of any Town Boards, Committees or Commissions served by the employee shall prepare a performance evaluation based on the employee’s job description, the goals and objectives that were agreed to at the start of the evaluation period, and a summary of the job performance of the employee since the last evaluation. Supervisors of Seasonal Employees are encouraged to prepare performance evaluations for their employees, but are not required to do so. 11.2. The Executive Secretary shall facilitate the annual evaluations of all non-elected, Year-round Employees by their respective Supervisors, Department Heads and Chairs of Town Boards, Committees and Commissions. The Executive Secretary also shall prepare performance evaluations for all non-elected Year-round Employees who are under the Executive Secretary’s direct staff oversight or under collaborative oversight of the Board of Selectmen and Departments, Boards, Committees or Commissions as indicated in the Town’s Services Operation and Organization Employee & Administrative Supervision chart (Appendix Exhibit II). 11.3 Failure of a non-elected Supervisor to complete an employee’s evaluation shall be included in the review of this Supervisor. This Supervisor shall not receive any pay increase or longevity credit until such time as the evaluation is completed. 11.4 The Board of Selectmen, upon the annual nomination of its Chair, shall designate one of its members to oversee the performance evaluation process and to ensure that it is completed in full within each fiscal year. 11.5 Within each fiscal year, copies of all performance evaluations shall be submitted to the Chair of the HRBC for review. Section 12.0 DISCIPLINARY ACTION 12.1 In a circumstance where a Supervisor or Department Head believes a Disciplinary Action will lead to an employee being placed on disciplinary probation or termination, the following steps must be taken before initiating any Disciplinary Action: The Supervisor or Department Head discusses the situation with the Chairman of the HRBC. The Chairman of the HRBC and the Supervisor or Department Head shall agree upon the proper method for gathering the facts of the issues for review. If after reviewing the facts with the Chairman of the HRBC it is determined formal disciplinary actions must be taken, the disciplinary plan shall be reviewed with the Chairman of the HRBC, a member of the Board of Selectmen and Town Counsel before Disciplinary Action is initiated. 12.2 Disciplinary actions, including but not limited to, an oral or written warning, suspension without pay, demotion, and/or termination shall not be imposed upon an employee arbitrarily or capriciously. It is expected that the Department Head shall identify problems with an employee’s conduct and discuss remedial actions with the employee well before the time when formal disciplinary action is initiated. An employee receiving a Disciplinary Action has the right to discuss the Disciplinary Action in an executive session or as a public discussion in accordance with open meeting laws. 12.3 The degree of discipline imposed shall be commensurate in the judgment of the Appointing Authority with the severity of the offense and prior work and disciplinary history of the employee. 12.4 Employee Use of Outside Counsel An employee facing disciplinary action that may involve probation, suspension, demotion or discharge may bring in outside counsel, at his/her own expense, to assist him or her at any stage of the process. However, the employee must give prior notice to the Executive Secretary or Appointing Authority in writing, with a copy to the Chair of the HRBC, that he/she is taking such action. Section 13.0 GRIEVANCE PROCEDURE Any Year-round Employee who believes that he or she has not received equitable treatment concerning some condition of employment, including a hostile workplace environment or administration of this Bylaw, may seek review of his or her complaint in accordance with the procedures as set forth in the HRPM. Section 14.0 LONGEVITY 14.1 Year-round, Benefits-eligible Town employees are to receive longevity increments as follows: a. Upon completion of ten (10) years of continuous employment to the Town, an employee shall be paid a bonus payment of One Percent (1 %) of his/her current annual base salary. b. Upon completion of fifteen (15) years of continuous employment to the Town, an employee shall be paid a bonus payment of Two Percent (2%) of his/her current annual base salary. c. Upon completion of twenty (20) years of continuous employment to the Town, an employee shall be paid a bonus payment of Three Percent (3%) of his/her current annual base salary. d. Upon completion of twenty-five (25) years of continuous employment to the Town, an employee shall be paid a bonus payment of Four Percent (4%) of his/her current annual base salary. 14.2 Upon approval of the Department Head or Appointing Authority, longevity payments shall be paid to an employee on his or her anniversary date with approval of the HRBC. 14.3 Continuous employment shall mean employment uninterrupted except by authorized leave. Unpaid leave periods shall not be included in the calculation of years of employment. Section 15.0 GROUP HEALTH AND LIFE INSURANCE A benefits-eligible, Year-round Employee is eligible for group insurance including health and life insurance and other insurance approved by the Town Meeting in accordance with the provisions of the General Laws, as amended from time to time. Section 16.0 RETIREMENT The retired employee is eligible for group health and life insurance approved by the Town Meeting in accordance with the provisions of the General Laws, as amended from time to time. Medicare eligible retirees shall enroll in Medicare Parts A & B at 65 years of age. Thereafter the retiree will be eligible for a Medicare supplement plan through the Town. Retirees not eligible for Medicare will be allowed to continue their existing health plan through the Town. Section 17.0 ENACTMENT This Bylaw is effective upon approval at Town Meeting and subsequent approval by the Massachusetts Attorney General. All prior Personnel Bylaws are invalid upon Town Meeting and Attorney General approval of this Bylaw. No Action Taken by FINANCE ADVISORY COMMITTEE You are hereby directed to serve this warrant by posting attested copies in three public places in said Town of Chilmark at least seven days before the time of said meeting, and to publish said warrant in one newspaper having general circulation in the Town of Chilmark during the week before said meeting. Given under our hands this 15th day of March, A.D. 2011. Chilmark Board of Selectmen Warren M. Doty, Chairman Frank M. Fenner Jr. Jonathan E. Mayhew