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BOARD OF SELECTMEN REGULARLY SCHEDULED MEETING
DATE : November 25 , 2002
TIME : 7 : 00 p . m .
PRESENT : Selectmen Levasseur , Hirschman , Mitchell and Norton ; Town
Administrator Sumner ; Assistant Town Administrator Douglass ;
Jean Sears , Council on Aging Director ; Bruce Anderson , Deputy
Assessor ; Roy Jones , Fire Chief; Lew Stead , Information Technology
Director ; Keith Arnold , Recreation Director ; David Thyng , Building
Commissioner ; Nancy Thyng , Treasurer / Collector ; James Ehrhart ,
Police Chief; Robert Mant , Natural Resources Director ; Lisa Souve ,
Town Accountant ; Susan Carr , Library Director ; Mark O 'Brien ,
Director of Operations ; Nancy Ice , Health Director ; Allan Tkaczyk ,
DPW Superintendent ; Mike Gradone , Superintendent of Schools ;
Joanna Krauss , Town Clerk; Robert Whinn , Finance Committee ;
John O 'Reilly , Elizabeth Taylor , Rick Wood , James Geisler and
other interested parties .
At 7 : 00 p . m . , Chairman Levasseur called the meeting to order with a quorum
present . He introduced Mrs . Roebach from Sen . O 'Leary 's office .
APPROVE PURCHASE AND SALES AGREEMENT FOR WHITEGATE FARMS
On a motion by Mr . Hirschman , seconded by Mr . Mitchell , it was unanimously voted
to approve the purchase for Whitegate Farms and to sign the Purchase and Sales
agreement when completed .
DEPARTMENT HEAD MEETING - DISCUSSION OF, FY2004 BUDGET PROCESS
Mr . Levasseur stated that it was going to be a difficult year . Mr . Sumner then
walked the Selectmen and Department Heads through the financial forecast . He
BOARD OF SELECTMEN
NOVEMBER 25 , 2002
PAGE 2
explained that the town cannot sacrifice the money that is used for equipment
replacement and facility maintenance , which averages about $ 1 , 000 , 000 to
$ 1 , 200 , 000 . He then explained that the town has hit the levy limit . With regard to
fees , the Town has relied on fees to allow the continuation of providing services . Mr .
Sumner said considering what is going to happen with fringe benefits , there will be
no money to go around . Mr . Levasseur said that this is also a year for negotiations
with all unions and the Personnel Bylaw . Nauset Schools ' enrollment is increasing
in Brewster while the other towns are decreasing , and the Town will be paying 48 . 2 %
of Nauset 's costs . Brewster has said that it could fund a 2 % increase and anything
over that will have to be an override . Mr . Levasseur said that the problem is that if
the three other towns approve the Nauset Budget, Brewster must pay for it , no
matter what the cost . It would be necessary to call a special town meeting to fund
this cost .
Mr . Levasseur then challenged all departments to bring in some revenue , and see
whether they can make some cuts in the budget . Mr . Sumner said this is a year
when the department heads need to look at what things in their departments do not
make any sense , and make some cuts .
Mr . Mitchell said he will also bring some ideas to the new Governor and would like
ideas from the Departments .
Mr . Anderson did not think it would be possible to reduce the needs for one year . It
will be an ongoing process . It will be necessary to come up with some new revenue
sources , feeling that it will be necessary to get an override for government services .
He believed that the people of the town needed to know that if they want the
services , they will need to pay for them .
Mr . Levasseur said that he has painted the worst scenario . Nauset School has a
great program , but they have not gone to the taxpayers to ask if they want to pay fo
these services .
Mr . Mitchell suggested that the zero - base budget be applied again this year . In th .,
way the department head must look at every line to see whether services could be
cut .
Mr . Hirschman said that the purpose of this meeting is to present some facts and
the department heads know that the town has to be extremely conservative . Whe
BOARD OF SELECTMEN
NOVEMBER 25 , 2002
PAGE 3
asked by Mr . Hirschman , Mr . Sumner said that free cash is declining yearly . The
town needs to maintain free cash of a minimum of $ 1 , 500 , 000 . Presently , Brewster
has about $ 1 , 600 , 000 , and Mr . Sumner is trying to put more into that fund .
Mr . Wood said that Nauset Regional School System would like to present two
budgets in case their override fails .
APPOINTMENTS TO POLICE DEPARTMENT
On a motion by Mr . Mitchell , seconded by Mr . Norton , it was unanimously voted to
approve the following police appointments :
1 . Richard J . Koch , Jr . is being promoted to Detective as a results of the
retirement of Richard Barber December 31 , 2002 .
2 . Shannon C . Parks has been hired as a Patrol Officer to fill the vacancy created
by Officer Koch 's promotion .
3 . Felipe Martinez and Jonathon P . O 'Leary will fill the vacancies created by two
retirements and subsequent in - house promotions .
4 . Officer Jefferson K . Krauss is being promoted to the rank of Sergeant .
RESIGNATION OF STEVEN ELDREDGE
Mr . Levasseur said that Selectman Eldredge has resigned from the Board of
Selectmen , effective November 22 , 2002 . After speaking with the Town Clerk , Mr .
Levasseur said that the Selectmen have to declare the vacancy . One option would be
to hold a special election this winter to fill the vacancy until the May , 2003 election .
If the vacancy is not filled until May, there will be three people running for Selectmen
in May . On a motion by Mr . Norton , seconded by Mr . Mitchell , it was unanimously
voted to declare a vacancy on the Board of Selectmen .
With regard to holding a special election , Mr . Norton did not feel it made sense for
such a short period of time . Mr . Mitchell and Mr . Hirschman agreed . Mr . Hirschman
did say that he will be away the month of January , so there will only be three
Selectmen in town . Mr . Mitchell suggested letting the selectmen know if they are
going to be away . Mr . Levasseur agreed but said that the citizens do have a right to
petition a special election , if they so choose .
BOARD OF SELECTMEN
NOVEMBER 25 , 2002
PAGE 4
Mr . Norton agreed to assume the responsibilities of Clerk and also said he would like
to serve as the Selectmen 's representative to the Open Space Committee .
Mr . Levasseur suggested and it was agreed that Elizabeth Taylor will ask the
Planning Board whether they want to make an appointment or wait until the election
in May to fill the position .
REOUEST FOR ASSIGNMENT OF LEASE FROM EDWARD H. BILL, TRUSTEE OF E
& J REALTY TRUST TO PETER BRANDT d/b/a EURO CLASSICS
Mr . Sumner said that Mr . Brandt would like to move part of his business to the
vacant Franklin Fixtures location at Commerce Park . He said he has asked Mr .
Brandt to pursue a dual path with the Commerce Park and Underpass Road , since
Mr . Sumner has some concerns about the Franklin Fixtures site because it is in a
water resource area . He did encourage Mr . Brandt to meet with the Selectmen .
Town Counsel feels strongly that in order to consider this assignment of lease , it will
be necessary for Mr . Brandt to file for a Chapter 138 , Section 13 license . He did
correspond with Mr . Brandt stating that it was a critical issue of the assignment of
the lease . As of this date , Mr . Sumner has received no response from Mr . Brandt
regarding the Chapter 138 , Section 13 .
Mr . Levasseur asked Mr . Sumner to check to see whether a joint application for lease
assignment is legal , since presently only one client holds the lease . Mr . Levasseur
believes that only one person can be the lessee .
DISCUSSION OF LICENSING FEES
Mr . Levasseur said that the information was for a future meeting some time in
December . If the Board wants to do something about the licensing fees , it will have
to be advertised .
ACTION ITEMS
On a motion by Mr . Mitchell , seconded by Mr . Hirschman , it was unanimously voted
to approve action items 1 , 2 , 5 , 6 . On a motion by Mr . Mitchell , seconded by Mr .
Hirschman , it was unanimously voted to waive the transfer station fees for the
Brewster Conservation Trust in order for them to remove some illegally dumped
material from Brewster Conservation Trust land . It is understood that only the
transfer station fee will be waived . Any fees that are charged to the transfer station
will have to be paid by the Conservation Trust . On a motion by Mr . Mitchell ,
seconded by Mr . Norton , it was unanimously voted that Mr . Hirschman will serve as
the Selectmen 's alternate to the Water Quality Review Committee . A copy of the
Action Items is attached .
BOARD OF SELECTMEN
NOVEMBER 25 , 2002
PAGE 5
SELECTMEN
1 . Brewster Ovsters—Based on a recommendation from Mr . Hirschman , it was
agreed to hold a hearing to consider an increase in non - resident Shellfish
Permits .
2 . WORC—Mr . Norton said that on a 6 - 1 vote (Mr . Norton was opposed) , the
WQRC voted in favor of the project presented by Mr . Brandt for the Franklin
Fixtures building at the Commerce Park ,
3 . 70 Equity—Mr . Norton said he attended a productive meeting last Tuesday of
the 70 Equity Committee . He said the representation from Cape Cod was very
strong . Although there is no State money , he did say the Committee is looking
into other resources for assistance .
MINUTES
1 . November 4 , 2002—On a motion by Mr . Mitchell , seconded by Mr . Hirschman ,
I
t was unanimously voted to approve the Regular Session November 4th
Selectmen 's Minutes as printed . On a motion by Mr . Mitchell , seconded by Mr .
Hirschman , it was unanimously voted to approve the Executive Session
November 4th Selectmen 's Minutes as printed .
The meeting adjourned at 8 : 30 p . m .
December 16 . 2002
Approved Peter G . Norton , Clerk
/ meg
ACTION ITEMS TOWN ADMINISTRATOR
NrOVEM_3ER 25, 2002 RECOMMENDATIONS
1 Request from Brewster Fish House I would recommend
to remain open until 12 / 15 / 02 . approval of this request .
2 Letter from Bailey Boyd Associates We have joined the other
asking that the Board sign the Joint town in this grant several
Application Authorization Form for times , and I would
Participation in Business Builders recommend the Board
Program . sign the form .
3 Note from Jillian Douglass in which As I stated in my response ,
Jim Maddocks asks that the town the Town cannot use its
assist the Brewster Conservation Trust labor on private property ,
in removing some illegal dumped although the Board could
material from Brewster Conservation vote to waive any transfer
Trust land . station fees , as long as
It will not cost the Town
any money for its
disposal .
4 I received a memo from the Water Quality Review Committee asking
that the various members of the committee be allowed to appoint an
alternate to represent them in their absence . I have attached a copy
of the Town Code regarding this Committee .
5 I held a pole hearing on November 20 , 2002 . There was no opposition
to the work being done , and I would recommend the Board sign the
documents .
OTHER ,BUSINESS
6 The Swap Shop Volunteers Group would like to have Meribeth Bassett
and Bill Adler appointed as volunteers , and I would recommend those
appointments .