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Select Board Meeting Packet - 06.15.20
MEETING NOTICE TOWN OF BREWSTER SELECT BOARD Location: Remote Participation Only Date: Monday, June 15, 2020 Time: 6:00 PM Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law and his March 15 and March 23, 2020 Orders imposing strict limits on the number of people that may gather in one place, this meeting will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting may be found on the Town’s website at www.brewster-ma.gov. For this meeting, members of the public who wish to listen to the audio broadcast may do so via the Town of Brewster website at http://livestream.brewster-ma.gov or on Channel 18. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure the public can adequately access the proceedings in real time via technological means. The Town has established specific email addresses for each board and committee that will be meeting remotely so that residents can send their comments in writing either before or during the meeting. In the event we are unable to live broadcast these meetings, despite best efforts, we will post on the Town website an audio recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting at http://tv.brewster-ma.gov. To submit public comment or questions to the Select Board prior to or during the meeting please email to selectboardmeeting@brewster-ma.gov. AGENDA 1. Call to Order 2. Citizens Forum 3. Select Board Announcements & Liaison Reports 4. Town Administrator’s Report 5. Consent Agenda Approval of Conservation Restriction; 0 Stony Brook Road, Brewster, MA 02631 Vote to Authorize the Town Administrator and the Conservation Commission to prepare and submit applications to the Commonwealth of Massachusetts’ Division of Conservation Services reimbursement programs, including the Local Acquisitions for Natural Diversity (LAND) Grant Program, and/or Land and Water Conservation Fund program Approval of 2020 Senior and Veterans Tax Work-off Program Exemptions Request for MA Department of Revenue Approval of Deficit Spending for COVID-19 Special Revenue Account Approval of Request to Waive Planning Board Fees on behalf of Applicant: Town of Brewster Open Space Committee Approval of Request for Permission to Use Crosby Beach – Brewster Beach Yoga/Victoria Susan Annual Reappointment of Expiring Committee Members; Full List Available At the End of the Agenda 6. Update on the 2020 Cape Cod Baseball League, Brewster Whitecaps – Chris Kenney 7. Discuss and Vote on Recommended Fiscal Years 2021-2025 Municipal Water Rate Schedule – Paul Anderson, Water Superintendent 8. Discuss and Vote on Proposed Fiscal Year 2021 1/12 Budget Submissions to MA Department of Revenue for July, August, and September 2020 – Mimi Bernardo, Finance Director 9. Annual Reappointment of Expiring Committee Members 10. Discuss and Vote on Town Counsel Contract 11. Update on Latest Coronavirus Developments and Review of Current State & Local Guidance/Directives 12. FYIs 13. Topics the Chair did not Reasonably Anticipate 14. Future Meetings – June 24, June 29, July 6, and July 20, 2020 15. Adjournment Date Posted: 6/11/2020 Date Revised: Date & Time Received by Town Clerk’s Office 6/11/2020 5:18pm Pages 3-66 Pages 67-73 Pages 74-87 Pages 88-96 Pages 97-100 Pages 101- 152Pages 153-167 Consent Item - Annual Reappointment of Expiring Committee Members: Agriculture Commission Alewife Warden Assessors Board Bikeways Committee Brewster Affordable Housing Trust Cable Television Advisory Cape Cod Municipal Health Care Group Cape Cod Pathways School Capital Planning Committee Cemetery Commission Charter Committee Coastal Committee Community Preservation Committee Conservation Commission Cultural Council Elections Emergency Management Energy Committee Finance Committee Golf Commission Hazardous Waste Committee Historical Commission HOME Consortium Barn County Housing Authority Housing Partnership Human Services Committee Lower Cape Community Access Television Oil Spill Coordinator Old Kings Highway Historic District Committee Open Space Committee Police Department Police Department - Matrons Recycling Commission Registrar Stony Brook Millsites Water Commissioner Water Quality Review Committee Zoning Board of Appeals Brewster Select Board Meeting of June 15, 2020 Consent Calendar Items 1 1.Approval of Conservation Restriction; 0 Stony Brook Road, Brewster, MA 02631 Amy Henderson, Executive Director of the Brewster Conservation Trust is requesting the Select Board approve and sign the Conservation Restriction; 0 Stony Brook Road, Brewster, MA 02631. The CR was approved at the Conservation Commission’s June 9 meeting. The property is located on Stony Brook (Map 35, Parcel 18) and was purchased using the Conservation Land Tax Credit. ADMINISTRATIVE RECOMMENDATION We recommend the Board sign the Conservation Restriction. 2. Vote to Authorize the Town Administrator and the Conservation Commission to prepare and submit applications to the Commonwealth of Massachusetts’ Division of Conservation Services reimbursement programs, including the Local Acquisitions for Natural Diversity (LAND) Grant Program, and/or Land and Water Conservation Fund program An affirmative vote would authorize the Town Administrator and the Conservation Commission to prepare and submit applications to the Commonwealth of Massachusetts’ Division of Conservation Services reimbursement programs, including the Local Acquisitions for Natural Diversity (LAND) Grant Program, and/or Land and Water Conservation Fund program, for the FY 2021 grant round to purchase in fee simple 10.41 acres at the end of McGuerty Road in Brewster for conservation and wellfield protection. And further, would permit Peter Lombardi, Town Administrator authorization to sign any contracts and provide any legal assurances and understandings to the Commonwealth regarding said applications and awards, and to serve as the Project Manager and primary local contact on matters relating to communications with the Division of Conservation Services regarding these applications, on behalf of the Town of Brewster, and that his signature shall bind the Town regarding the intent of said documents. ADMINISTRATIVE RECOMMENDATION We recommend the Board approve this request for signature. 3.Vote to Approve of 2020 Senior and Veterans Tax Work-off Program Exemptions Both the Senior and Veteran Volunteer Real Estate Tax Abatement programs were in operation for calendar year 2020. Due to the COVID-19 pandemic, we had to suspend both of these programs. Due to the fact that the volunteers are considered in the at risk category, we do not feel that it is prudent to resume the programs for this calendar year. ADMINISTRATIVE RECOMMENDATION We recommend awarding the full abatement amount to volunteers who have completed a minimum of half of the required hours and half of the abatement amount to any volunteer who completed less than half the required hours. We feel this is a fair compromise for all of the program participants Brewster Select Board Meeting of June 15, 2020 Consent Calendar Items 2 4.Request for MA Department of Revenue Approval of Deficit Spending for COVID-19 Special Revenue Account The Town of Brewster is requesting emergency expenditure authority under MGL Chapter 44, Section 31 related to the novel Coronavirus pandemic. The Town has incurred unforeseen expenditures in the total amount of $229,983.00 to date. These expenses include PPE, cleaning & sanitizing of municipal buildings, telework expenses, grocery & meal delivery to seniors, sanitation & refuse collection, providing a lunch program for families, signage & communication, compliance & reporting, and education materials. We anticipate more costs through June 30th for a final FY20 combined deficit in our FEMA Covid19 special revenue account and CARES Act special revenue account of not more than $300,000.00. The Select Board will need to vote to request MA Department of Revenue authorization for this deficit spending at their Monday June 15, 2020 meeting. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request 5.Approval of Request to Waive Planning Board Fees on behalf of Applicant: Town of Brewster Open Space Committee Outermost Land Survey has submitted a request to waive Planning Board fees in the amount of $549 on behalf of Applicant Town of Brewster Open Space Committee. Please note that this request was filed with the Planning Department on May 13, 2020 and the application is scheduled on the Planning Board’s June 24, 2020 agenda. ADMINISTRATIVE RECOMMENDATION We recommend the Board approve the wavier of fees with the support of the Planning Department. 6.Approval of Request for Permission to Use Crosby Beach – Brewster Beach Yoga/Victoria Susan The Recreation Department has submitted a request to allow Victoria Susan permission to hold Beach Yoga Instruction at Crosby Beach for the months of July and August as a Recreation Department sponsored event, as has been held in prior years. Ms. Susan has submitted her Covid- 19 Safety Protocol, which has been reviewed by the Recreation and Health Departments. ADMINISTRATIVE RECOMMENDATION We recommend the Board approve this request Brewster Select Board Meeting of June 15, 2020 Consent Calendar Items 3 7.Annual Reappointment of Expiring Committee Members Each year the Select Board votes to re-appoint the expiring terms of committee members. The Town Clerk has provided the Board with a comprehensive list of member to re-appoint. Once completed the members will receive notification in the form of a letter, with a reminder to make an appointment with the Town Clerk to be sworn in prior to attending any meetings, so they may do so as a full voting member. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to re-appoint the listed committee members. ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 1 GRANTOR: The Compact of Cape Cod Conservation Trusts, Inc. GRANTEE: Town of Brewster, Conservation Commission ADDRESS OF PREMISES: 0 Stony Brook Road, Brewster, MA 02631 FOR GRANTOR’S TITLE SEE: Barnstable County Registry of Deeds Book 32653 Page 111 FOR PLAN OF RECORD SEE: Barnstable County Registry of Deeds Plan Book 301, Page 38, Lot 7. CONSERVATION RESTRICTION THE COMPACT OF CAPE COD CONSERVATION TRUSTS, INC., being the sole owner and a Massachusetts charitable corporation with an office at 36 Red Top Road, Brewster, Massachusetts 02631 and a mailing address at P.O. Box 443, Barnstable, Massachusetts 02630, its successors and assigns holding any interest in the Premises as hereinafter defined, (“Grantor”), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, grant with QUITCLAIM COVENANTS to THE TOWN OF BREWSTER, a Massachusetts municipal corporation, with a principal place of business at Town Hall, 2198 Main Street, Brewster, Barnstable County, Massachusetts, 02631, acting by and through its Conservation Commission, by authority of Section 8C of Chapter 40 of the Massachusetts General Laws, its permitted successors and assigns (“Grantee”), for nominal consideration, IN PERPETUITY AND EXCLUSIVELY FOR CONSERVATION PURPOSES, the following Conservation Restriction on land located in the Town of Brewster, County of Barnstable, Commonwealth of Massachusetts, containing the entirety of an approximately 1.12-acre parcel of land (“Premises”), which Premises is more particularly described in Exhibit A and shown in the attached sketch plan in Exhibit B, both of which are incorporated herein and attached hereto. I. PURPOSES: This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the General Laws and otherwise by law. The purpose of this Conservation Restriction is to assure that the Premises will be maintained in perpetuity for conservation purposes, in a natural, scenic and undeveloped condition, and to prevent any use or change that would impair or interfere with its conservation and preservation values (“conservation values”). Conservation Land Tax Credit: “CLTC” Program. The Premises was acquired utilizing, in part, the Conversation Land Tax Credit Program authorized under the Chapter 509 Acts of 2008 ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 2 Sections 1-4 as amended by Chapter 409 Acts of 2010 Sections 4-13 of the Massachusetts General Court. The conservation values include the following: •Open Space Protection. The Premises contributes to the protection of the scenic, natural and historic character of the Stoney Brook Road- Old King’s Highway Regional Historic District area in Brewster and the protection of the Premises will enhance the open-space value of these and nearby lands. The Premises is located adjacent to land being preserved by the Town of Brewster and the Brewster Conservation Trust. •Protection of Wildlife Habitat. The Premises falls entirely within a Massachusetts Natural Heritage & Endangered Species Program- (“NHESP”) designated Priority Habitat of Rare Species as well as entirely within an NHESP-designated Estimated Habitat of Rare Wildlife. Moreover, the Premises falls entirely within NHESP BioMap2- designated Critical Natural Landscape. BioMap2, published in 2010, was designed to guide strategic biodiversity conservation in Massachusetts over the next decade by focusing land protection and stewardship on the areas that are most critical for ensuring the long-term persistence of rare and other native species and their habitats, exemplary natural communities, and a diversity of ecosystems. BioMap2 is also designed to include the habitats and species of conservation concern identified in the State Wildlife Action Plan. Therefore, the protection of the Premises aligns with NHESP’s wildlife and habitat protection objectives and would ensure perpetual protection for each of these state- recognized habitats. •Water Quality Protection. The Premises is within 200 feet of Stony Brook, a perennial stream and alewife migratory route. Granting this Conservation Restriction will protect this area of the brook from development and act as a buffer. •Consistency with Clearly Delineated Barnstable County Conservation Policy. Protection of the Premises will assist in achieving Barnstable County conservation goals. In July 1991, the Barnstable County Assembly of Delegates, pursuant to the Cape Cod Commission Act (Chapter 716 of the Acts of 1989), adopted a Regional Policy Plan, amended in 1996, 2002 2009, 2012, and 2018 which provided, inter alia (references are to the 2018 RPP): •“To protect, preserve, or restore wildlife and plant habitat to maintain the region’s natural diversity” (Wildlife and Plant Habitat Goal, pp. 55). In reference to this Wildlife and Plant Habitat Goal, the RPP states, “For many years habitat loss due to development has been the primary threat to the region’s habitats” (pp. 32); •“To conserve, preserve, or enhance a network of open space that contributes to the region’s natural and community resources and systems” (Open Space Goal, pp. 55). In reference to this Open Space Goal, the RPP states, “[t]he open space of the Cape is critical to the health of the region’s natural systems, economy, ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 3 and population. Open space provides habitat for the region’s diverse species and protection of the region’s drinking water supply” (pp. 30); and, • “To protect and preserve the significant cultural, historic, and archaeological values and resources of Cape Cod” (Cultural Heritage Goal, pp. 58). Granting this Conservation Restriction will advance each of these goals. The Wildlife and Plant Habitat Goal will be advanced because the Premises falls entirely within an NHESP Priority Habitat of Rare Species as well as an Estimated Habitat of Rare Wildlife. Additionally, the Premises falls entirely within an NHESP BioMap2 Critical Natural Landscape. This Conservation Restriction will ensure that these important habitats remain undisturbed in perpetuity. The Open Space Goal will be served in preventing development on the Premises. And finally, the Cultural Heritage Goal will be advanced because the property is located 100% within the Old King’s Highway Regional Historic District. Consistency with Clearly Delineated Town of Brewster Conservation Policy. Protection of the Premises will further the Town of Brewster’s documented goals regarding conservation of land. In 2013, the Town of Brewster outlined its conservation goals in its updated Open Space and Recreational Plan, identifying policies and actions to guide conservation efforts. Protecting this Premises from development supports the Town’s goals for maintaining open space, preserving the rural and scenic character of the area, and protecting habitat diversity and fresh surface waters. Additionally, the Town of Brewster has adopted a Conservation Restriction Program (“CRP”), consisting of policies and guidelines approved by the Board of Selectmen, Assessors and Conservation Commission in 1989, to encourage the use of conservation restrictions as a means of “preserving open space, forest lands, and natural habitat of fish, wildlife or plants and providing scenic enjoyment, outdoor recreation and education of the public” in perpetuity. The Program further specified that purposes of a conservation restriction could include the following: • prevent the cutting of trees; • preserve important natural habitats; and, • limit or prevent construction on land of natural resource value. This Conservation Restriction therefore aligns well with the Town of Brewster’s Conservation Restriction Program. • Consistency with Clearly Delineated Federal Conservation Policy. Protection of the Premises meets the definition of “conservation purposes” as defined in 26 CFR 1.170A- 14(d)(1), because its conservation would contribute to the preservation of open space located adjacent to several other parcels already conserved - two owned by the Brewster Conservation Trust; ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 4 • Consistency with Clearly Delineated State Conservation Policy. The Premises possesses significant open space, natural, aesthetic, ecological, plant and wildlife habitat, and scenic values (collectively “Conservation Values”) of great importance to the Grantee and the people of Brewster and the Commonwealth of Massachusetts. • Historical Purposes. The Premises falls within the Old Kings Highway Regional Historic District, which is listed in the Massachusetts Historical Commission (“MHC”) State Register of Historic Places and is also a local historic district. In a letter dated September 17, 2018, Jonathan K. Patton, Archeologist/Preservation Planner for MHC recognized that “…undisturbed upland portions of the property are archeologically sensitive…Types of archeological resources that could be present within the property could include artifacts, subsurface soil deposits and features associated with ancient and historical period Native American occupation and land use, as well as historical agricultural, industrial and residential land uses of the property.” These and other conservation values of the Premises, as well as its current uses and state of improvement, are described in a Baseline Documentation Report (“Baseline Report”) prepared by Grantee with the cooperation of the Grantor, consisting of maps, photographs, and other documents and on file with the Grantee and referenced herein. The Baseline Report (i) is acknowledged by Grantor and Grantee to be a complete and accurate representation of the condition and values of the Premises as of the date of this Conservation Restriction, and (ii) is intended to serve as an objective information baseline for subsequent monitoring of compliance with the terms of this Conservation Restriction as described herein. Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the Premises at the time of this grant other than the Baseline Report, should the Baseline Report be unavailable or if it does not adequately address the issues presented. II. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED USES A. Prohibited Acts and Uses Subject to the exceptions set forth herein, the Grantor will not perform or allow others to perform the following acts and uses which are prohibited on, above, and below the Premises: (1) Constructing, placing or allowing to remain any temporary or permanent building, tennis court, landing strip, mobile home, swimming pool, asphalt or concrete pavement, sign, fence, billboard or other advertising display, wind turbine, antenna, utility pole, tower, solar panel, solar array, conduit, line or other temporary or permanent structure or facility on, above or under the Premises; (2) Mining, excavating, dredging or removing from the Premises of soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit or otherwise making topographical changes to the area; ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 5 (3) Placing, filling, storing or dumping of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, tree and other vegetation cuttings generated off-site, waste or other substance or material whatsoever or the installation of underground storage tanks; (4) Cutting, removing or otherwise destroying trees, grasses or other vegetation; (5) Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, wildlife habitat, or archaeological conservation; (6) Hunting, owing to state safety setbacks, trapping, or camping; (7) Use, parking or storage of vehicles including motorcycles, mopeds, all-terrain vehicles, trail bikes, or any other motorized vehicles on the Premises except for vehicles necessary for public safety (i.e., fire, police, ambulance, other government officials) in carrying out their official duties or as necessary for the mobility impaired; (8) Subdivision or conveyance of a part or portion of the Premises alone, or division or subdivision of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted), and no portion of the Premises may be used towards building or development requirements on this or any other parcel. The development rights which are encumbered and extinguished by this Conservation Restriction shall not be transferred to any other property pursuant to a transferable development rights plan, cluster development plan, or otherwise; (9) The use of the Premises for business, residential or industrial use, or commercial recreation; (10) Any other use of the Premises or activity which is inconsistent with the purpose of this Conservation Restriction or which would impair its conservation values. B. Reserved Rights and Exceptions The Grantor reserves the right to conduct or permit the following activities and uses on the Premises, but only if such uses and activities do not impair the conservation values or purposes of this Conservation Restriction. (1) Vegetation Management. The selective minimal removing of brush, pruning and cutting to prevent, control or remove hazards, disease, insect or fire damage, or to preserve the present condition of the Premises, including vistas as documented in the Baseline Report, woods roads, fence lines and trails and meadows; (2) Non-Native or Nuisance Species. The removal of non-native or invasive species, the interplanting of native species, and the control of species in a manner that minimizes damage to surrounding, non-target species and preserves water quality; ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 6 (3) Composting. The stockpiling and composting of stumps, trees, brush, limbs, and similar biodegradable materials originating on the Premises, provided that such stockpiling and composting is in locations where the presence of such activities will not impair the conservation values (including scenic values) of this Conservation Restriction. No such activities will take place closer than one hundred (100) feet from any wetland, waterbody or stream. All exercise of this reserved right shall take into account sensitive areas and avoid harm to nesting species during nesting season; (4) Wildlife Habitat Improvement. With the prior written approval of Grantee, measures designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species including selective planting of native trees, shrubs and plant species; (5) Pest Control. With the approval of the Grantee, trapping and removal of animals for pest control purposes. (6) Archaeological Investigations. The right to conduct archaeological activities, including without limitation archaeological research, surveys, excavation and artifact retrieval, but only (a) after written notification to and approval by Grantee, and (b) in accordance with an archaeological field investigation plan prepared by or on behalf of the Grantor and approved in advance of such activity, in writing, by the Massachusetts Historic Commission (“MHC”) State Archaeologist as required by Massachusetts General Laws. A copy of the results of any scientific investigation on the Premises is to be provided to the Grantee. Plans for restoration of the site of any archaeological activity shall be submitted to the Grantee in advance of restoration, and such restoration shall be conducted only in accordance with a plan approved by the Grantee. Activities detrimental to archeological and historic resources, including but not limited to earth moving and the alteration of historic stone walls/cellar holes/features, shall not be deemed to be detrimental to archeological and historic resources if a description of the proposed activity and its location is submitted in writing (e.g., on a Project Notification Form) with a plan of land (or assessors map) and a USGS map with the Premises outlined thereon, to MHC and MHC issues a letter stating that the proposed activity is not within a resource area or is determined to not have an adverse effect on said resources. Grantor and Grantee shall make every reasonable effort to prohibit any person from conducting archaeological field investigation on the Premises, including metal detecting, digging, or artifact collecting, without approval of the MHC State Archaeologist (or appropriate successor official), and shall promptly report any such prohibited activity to the MHC State Archaeologist (or appropriate successor official). Grantor and Grantee shall include the prohibition against digging, artifact collecting, or metal detecting in any list of rules for visitors to the Premises; (7) Signs. The erection, maintenance and replacement of signs with respect to trespass, trail access, identity and address of the occupants, sale of the Premises, the Grantee's interest in the Premises, any gift, grant, or other applicable source of support for the conservation of the Premises, and the protected conservation values; ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 7 (8) Fences. Subject to Grantee’s approval, Grantor reserves the right to erect and maintain open-faced (i.e., sight-pervious) fences, such as wooden split rail, for property boundary delineation, safety reasons, and trail demarcation, so long as the dimensions and design of said fences do not impede free wildlife passage; (9) Outdoor Passive Recreational Activities. The Grantor and its invitees are permitted to conduct non-commercial, passive recreational uses of the Premises during daylight hours, subject to reasonable regulation by the Grantor. Passive outdoor recreation activities may include walking, jogging, cross-country skiing, bird watching, hiking, wildlife observation, photography, fishing, sketching, painting, and other similar activities that do not conflict with the conservation values and that are permitted by law; (10) Site Restoration. Any work undertaken in conjunction with the Reserved Rights described in this Paragraph B shall seek to minimize disturbance to the Conservation Values and other natural features within the Premises as well as nearby Upper Mill Pond that may be impacted as a result of exercising of any of the Reserved Rights described herein. Upon completion of any site work performed in conjunction with the Reserved Rights described in this Paragraph B, any disturbed areas shall be restored substantially to the conditions with respect to soil material, grade, and vegetated ground cover as documented in the Baseline Report, as applicable, or in conformance with the conditions with respect to soil material, grade, and vegetated ground cover that existed prior to said work, if said work is done in any area not documented in the Baseline Report. (11) Permits, Regulations, Laws. The exercise of any right reserved by Grantor under this Paragraph B shall be in compliance with zoning, the Wetlands Protection Act, and all other applicable federal, state and local laws, rules, regulations, and permits. This Conservation Restriction is subject to all existing easements of record that are in force and as may be applicable to the Premises. The inclusion of any reserved right requiring a permit from a public agency does not imply that the Grantee or the Commonwealth takes any position whether such permit should be issued. (12) Best Management Practices. The exercise of any right reserved by Grantor under this Paragraph B shall follow, when available and if applicable, established, up to date, and regionally-applicable Best Management Practices or similar standards developed by a governmental agency or other entity with known expertise in the area of practice and designed to protect the natural features potentially affected by the action(s). C. Notice and Approval. Whenever notice to or approval by Grantee is required, Grantor shall notify Grantee, by a method requiring proof of receipt, in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. Where Grantee’s approval is required, Grantee shall ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 8 grant or withhold approval in writing within sixty (60) days of receipt of Grantor’s request. Grantee’s approval shall not be unreasonably withheld, but shall only be granted upon a showing that the proposed activity shall not impair the purposes of this Conservation Restriction. Grantee agrees to use reasonable diligence to respond to Grantor’s request within 60 days of delivery. Grantee’s failure to respond within the sixty (60) calendar day period shall be deemed a denial of the request (hereinafter, a “Deemed Denial”). A Deemed Denial is not final or binding on Grantee, and Grantor may submit the same or a similar request for approval. III.LEGAL REMEDIES OF THE GRANTEE A. Legal and Injunctive Relief. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to their condition prior to the time of the injury complained of (it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. Grantee agrees to cooperate for a reasonable period of time prior to resorting to legal means in resolving issues concerning violations provided Grantor ceases objectionable actions and Grantee determines there is no ongoing diminution of the conservation values of the Conservation Restriction. Prior to instituting litigation to enforce any violations of this Conservation Restriction, the Grantee shall first notify the Grantor and request the Grantor to remedy the violation; if the violation is not remedied within sixty (60) days, then the parties shall make a good faith effort to mediate the dispute before litigation is commenced, provided the Grantor ceases the violation immediately upon receipt of notice of the violation and makes a good faith effort to remedy the violation. Grantee shall not, however, have the right to bring an action against Grantor with respect to a violation of this Conservation Restriction by trespassers or other third persons whose entry on the Premises is not authorized or not voluntarily acquiesced in by Grantor; Grantor agrees that Grantor will not voluntarily acquiesce in any violation of this Conservation Restriction by trespassers or such other third persons; and Grantor further agrees that Grantor will make reasonable efforts to deter such activities and to remedy the violation and will cooperate with Grantee to enforce this Conservation Restriction against trespassers and such other third persons. Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses (including reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof, provided that a violation of this Conservation Restriction is acknowledged by Grantor or determined by a court of competent jurisdiction to have occurred. In the event of a dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a survey and to have the boundaries permanently marked. ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 9 B. Non-Waiver. Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. C. Disclaimer of Liability By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents. D. Acts Beyond the Grantor’s Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor’s control, including but not limited to fire, flood, storm and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. In the event of any such occurrence, the Grantor and Grantee will cooperate in the restoration of the Premises, if desirable and feasible. IV. ACCESS The Grantor hereby grants to the Grantee, or its duly authorized agents or representatives, the right to enter the Premises (i) after reasonable notification, at reasonable times and in a reasonable manner, for the purpose of inspecting the Premises to determine compliance with the provisions of this Conservation Restriction or to enforce it; and, (ii) after sixty (60) days prior written notice, except in an emergency in which case notice shall be given as soon as is practicable, to take any and all actions with respect to the Premises as may be necessary or appropriate, with or without order of court, to remedy, abate or enforce any violation hereof unless the Grantor has prior to the expiration of said sixty (60) days given written notice to the Grantee reasonably addressing all alleged violations and setting forth a reasonable plan to remedy any such alleged violation and has made reasonable efforts to cease the activity or to begin remediation. Access to and use of the Premises by the general public shall be at the discretion of the Grantor, owing to erosion concerns on the steep slope, but only for daytime use for the activities described in Section II(B)(9) provided that such agreement by Grantor is subject to the Grantor’s reserved right to establish reasonable rules, regulations, and restrictions on such permitted recreational use by the general public for the protection of the purposes and conservation values of this Conservation Restriction. Grantor has the right to control, limit, or prohibit by posting and other reasonable means activities or uses of the Premises not authorized in Section II(B)(9). The Grantor’s right to grant public access across the Premises is subject to the restrictions described ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 10 in this Conservation Restriction. Any public use which is permitted by the terms of this Conservation Restriction constitutes permission to use the Premises for purposes described in the Massachusetts General Laws Chapter 21, Section 17C and the Grantor and Grantee hereto benefit from exculpation from liability to the extent provided in such section. The Grantee may require the Grantor to post the Premises against any use that may result in rutting or erosion or other damage to the natural resources of the Premises. V. EXTINGUISHMENT A. If circumstances arise in the future such as render the purpose of this Conservation Restriction impossible to accomplish, this restriction can only be terminated or extinguished, whether in whole or in part, by a court of competent jurisdiction under applicable law after review and approval by the Massachusetts Secretary of Energy and Environmental Affairs. If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in accordance with Paragraph B below, subject, however, to any applicable law which expressly provides for a different disposition of the proceeds and after complying with the terms of any gift, grant, or funding requirements. Grantee shall use its share of the proceeds in a manner consistent with the conservation purpose set forth herein. B. Proceeds. Grantor and Grantee agree that the donation of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantee, with a value that is equal to ten percent (10%) of the fair market value of the unrestricted Premises. For the purposes of this paragraph, said proportionate value shall remain constant. Any proceeds will be distributed only after complying with the terms of any gift, grant, or other funding requirements. C. Grantor/Grantee Cooperation Regarding Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in accordance with Paragraph V. B – above, after complying with the terms of any law, gift, grant, or funding requirements. If a less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantee shall use its share of the proceeds like a continuing trust in a manner consistent with the conservation purposes of this grant. VI. DURATION & ASSIGNABILITY A. Running of the Burden. The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 11 B. Execution of Instruments. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; the Grantor, on behalf of itself and its successors and assigns, appoints the Grantee their attorney-in-fact to execute, acknowledge and deliver any such instruments on its behalf. Without limiting the foregoing, the Grantor and its successors and assigns agree themselves to execute any such instruments upon request. C. Running of the Benefit. The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall not be assignable by the Grantee, except in the following instances: As a condition of any assignment, the Grantee shall require that the purpose of this Conservation Restriction continues to be carried out; that the Assignee is not an owner of the fee in the Property, and the Assignee, at the time of the assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts. Any assignment will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VII. SUBSEQUENT TRANSFERS The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, including a leasehold interest and to notify the Grantee not less than twenty (20) days prior to the execution of such transfer. Failure to do any of the above shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. VIII. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Grantee shall, within thirty (30) days written notice, execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor’s compliance or non-compliance with any obligation of the Grantor contained in this Conservation Restriction, and which otherwise evidences the status of this Conservation Restriction as may be requested by the Grantor. IX. NON MERGER The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 12 agrees that it will not take title, to any part of the Premises without having first assigned this Conservation Restriction to a non-fee owner that is qualified under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder and is eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts in order to ensure that merger does not occur and that this Conservation Restriction continues to be enforceable by a non-fee owner. X. AMENDMENT If circumstances arise under which an amendment to or modification of this Conservation Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation Restriction; provided that no amendment shall be allowed that will affect the qualification of this Conservation Restriction or the status of Grantee under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1986, as amended, or Sections 31-33 of Chapter 184 of the General Laws of Massachusetts. Any amendments to this conservation restriction shall occur only in exceptional circumstances. The Grantee will consider amendments only to correct an error or oversight, to clarify an ambiguity, or where there is a net gain in conservation value. All expenses of all parties in considering and/or implementing an amendment shall be borne by the persons or entity seeking the amendment. Any amendment shall be consistent with the purposes of this Conservation Restriction, shall not affect its perpetual duration, shall be approved by the Secretary of Energy and Environmental Affairs and if applicable, shall comply with the provisions of Article 97 of the Amendments to the Massachusetts Constitution, and any gifts, grants or funding requirements. Any amendment shall be recorded in the Barnstable County Registry of Deeds or, if registered land, the Barnstable Land Registry District. XI. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantee have executed it, the administrative approvals required by Section 32 of Chapter 184 of the General Laws have been obtained, and it has been recorded in a timely manner in the Barnstable County Registry of Deeds. XII. NOTICES Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre-paid, addressed as follows: To Grantor: The Compact of Cape Cod Conservation Trusts, Inc. P.O. Box 443 Barnstable, MA 02630 To Grantee: Town of Brewster Conservation Commission 2198 Main Street Brewster, MA 02631 ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 13 or to such other address as any of the above parties shall designate from time to time by written notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable by the parties. XIII.GENERAL PROVISIONS A. Controlling Law. The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction and the policy and purposes of Chapter 184, Sections 31, 32, and 33 of the Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability. If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provision of this Conservation Restriction shall not be affected thereby. D. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Restriction, all of which are merged herein. XIV. MISCELLANEOUS A. Pre-Existing Public Rights. Approval of this Conservation Restriction pursuant to Chapter 184, Section 32 of the Massachusetts General Laws by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. B. Subordination. The Grantor shall record at the appropriate Registry of Deeds simultaneously with this Conservation Restriction all documents necessary to subordinate any mortgage, promissory note, loan, lien, equity credit line, refinance assignment of mortgage, lease, financing statement or any other agreement which gives rise to a surety interest affecting the Premises. ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 14 C. Attached hereto and incorporated herein by reference are the following: Signature pages: Grantor – The Compact of Cape Cod Conservation Trusts, Inc. Grantee Acceptance – Town of Brewster Conservation Commission Approval by Brewster Select Board Approval of the Secretary of Energy and Environmental Affairs. Exhibits: Exhibit A: Description of Premises Exhibit B: Reduced Copy of Plan of Premises ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 15 WITNESS our hands and seals this ____day of ___________________, 2020, Leonard W. Johnson, duly authorized President, The Compact of Cape Cod Conservation Trusts, Inc. Henry Lind, duly authorized Treasurer, The Compact of Cape Cod Conservation Trusts, Inc. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2020, before me, the undersigned notary public, personally appeared Leonard W. Johnson, President, The Compact of Cape Cod Conservation Trusts, Inc., and Henry Lind, Treasurer, The Compact of Cape Cod Conservation Trusts, Inc., the corporation named in the foregoing instrument, and proved to me through satisfactory evidence of identification which was personal knowledge of identity to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. ______________________________ Mark H. Robinson, Notary Public My Commission Expires: 24 July 2020 ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 16 ACCEPTANCE OF GRANT BY THE TOWN OF BREWSTER CONSERVATION COMMISSION We, the undersigned, being a majority of the Conservation Commission of the Town of Brewster, Massachusetts, hereby certify that at a public meeting duly held on ___________ 2020, the Conservation Commission voted to approve and accept the foregoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc., pursuant to Massachusetts General Laws, Chapter 184, Section 32, and Chapter 40, Section 8C, and do hereby accept the foregoing Conservation Restriction. THE TOWN OF BREWSTER CONSERVATION COMMISSION: Bruce Evans Nicole Smith Michael Tobin Peter Wells COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2020, before me, the undersigned notary public, personally appeared__________________, and proved to me through satisfactory evidence of identification which was ______________________________ to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: Gary Kaser ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 17 APPROVAL OF SELECT BOARD We, the undersigned, being a majority of the Select Board of the Town of Brewster, hereby certify that at a public meeting duly held on ___________, 2020, the Select Board voted to approve the foregoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc., to the Town of Brewster acting by and through its Conservation Commission in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32. SELECT BOARD: David Whitney, Chair Cynthia Bingham Mary Chaffee Benjamin deRuyter John Dickson COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of , 2020, before me, the undersigned notary public, personally appeared David Whitney, Chair, and proved to me through satisfactory evidence of identification which was ______________________________ to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 18 APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction from The Compact of Cape Cod Conservation Trusts, Inc., to the Town of Brewster acting by and through its Conservation Commission has been approved in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32. Dated: ________________, 2020 KATHLEEN A. THEOHARIDES Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss: On this day of , 2020, before me, the undersigned notary public, personally appeared KATHLEEN A THEOHARIDES, and proved to me through satisfactory evidence of identification which was ______________________________ to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. ______________________________ Notary Public My Commission Expires: ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 19 EXHIBIT A Description of the Premises The Premises subject to this Conservation Restriction is the entirety of a parcel of land located in the Town of Brewster, Barnstable County, Commonwealth of Massachusetts, containing a total of 1.12 acres, shown as Lot 7 on a plan of land entitled “Subdivision Plan of Land in Brewster, Mass For Clark and Jane C. Potter”, dated November 21, 1975, prepared by Barnstable Survey Consultants, Inc., 411 Main Street, West Yarmouth, Massachusetts said plan recorded at the Barnstable Registry of Deeds, Plan Book 301, Page 38. For Grantor’s title, see deed recorded at the Barnstable County Registry of Deeds at Book 32653 Page 107. Town of Brewster Assessors: Map 35, Lot 18. Street Address: 0 Stony Brook Road, Brewster, Massachusetts, 02631. ex-GRAHAM CONSERVATION RESTRICTION BREWSTER, MA 20 EXHIBIT B Reduced Copy of Plan of Premises (Lot 7) For official full size plan see Barnstable County Registry Plan Book 301, Page 38 Premises Re: ex-Graham Property Summary The ex-Graham Property is located at 0 Stony Brook (Map 35, Parcel 18), within 200-feet of Stony Brook, a perennial stream and alewife migratory route. This 1.12 acre parcel adds to the almost 120-acres of land protected in the Stony Brook Valley by the Town of Brewster, the Cape Cod Museum of Natural History and the Brewster Conservation Trust (see attached map). This property is an important parcel for conservation because it includes land that is: 100% within BioMap2 Critical Natural Landscape 100% within MA Natural Heritage and Endangered Species (NHESP) Priority Habitats of Rare Species 100% within MA Natural Heritage and Endangered Species (NHESP) Estimated Habitats of Rare Wildlife 100% within the Old King’s Highway Regional Historic District. Legend BCT CCMNH Town ¯ Stony Brook Valley Conservation Lands BCT 200 Graham Service Layer Credits: Sources: Esri, HERE, Garmin, USGS, Interm ap, INC REMENT P, NRCan,Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), N GCC, (c) OpenStreetM apcontributors, and the GIS User Comm unity DATE:__________ _____2020 Acting under a motion made and duly seconded at a public meeting held on this date, the Select Board, as the executive officers of the Town of Brewster, VOTED to authorize the Town Administrator and the Conservation Commission to prepare and submit applications to the Commonwealth of Massachusetts’ Division of Conservation Services reimbursement programs, including the Local Acquisitions for Natural Diversity (LAND) Grant Program, and/or Land and Water Conservation Fund program, for the FY 2021 grant round to purchase in fee simple 10.41acres at the end of McGuerty Road in Brewster for conservation and wellfield protection. And further, the Selectmen certified by said vote that Peter Lombardi, Town Administrator, is authorized to sign any contracts and provide any legal assurances and understandings to the Commonwealth regarding said applications and awards, and to serve as the Project Manager and primary local contact on matters relating to communications with the Division of Conservation Services regarding these applications, on behalf of the Town of Brewster, and that his signature shall bind the Town regarding the intent of said documents. ____________________________ Chair Select Board Town of Brewster ATTACHMENT 2. CHIEF EXECUTIVE OFFICER AUTHORIZATION Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator MEMORANDUM TO: Select Board FROM: Susan Broderick, Assistant Town Administrator RE: Senior & Veteran Volunteer Tax Abatement Program DATE: June 12, 2020 Both the Senior and Veteran Volunteer Real Estate Tax Abatement programs were in operation for calendar year 2020. Due to the COVID-19 pandemic, we had to suspend both of these programs. These programs allow seniors and veterans to work in various departments throughout the Town in exchange for an abatement on their real estate taxes. For the 2020 program, the Town increased the maximum allowable rebate from $500 to $1,000: set a total abatement amount of $25,000 and gave the volunteer the option of choosing either a $500 abatement in exchange for 39.5 hours of service or a $1,000 abatement in exchange for 78.5 hours of service. We have a total of 26 volunteers this year, between the two programs. Due to the fact that the volunteers are considered in the at risk category, we do not feel that it is prudent to resume the programs for this calendar year. We recommend awarding the full abatement amount to volunteers who have completed a minimum of half of the required hours and half of the abatement amount to any volunteer who completed less than half the required hours. We feel this is a fair compromise for all of the program participants. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Peter Lombardi Town Administrator plombardi@brewster-ma.gov ext. 1128 June 16, 2020 Mary Jane Handy Director of Accounts Division of Local Services PO Box 9569 Boston, MA 02114-9569 Re: Town of Brewster Request for Emergency Expenditure Approval for COVID-19 Related Expenditures Dear Ms. Handy, The Town of Brewster is requesting emergency expenditure authority under MGL Chapter 44, Section 31 related to the novel Coronavirus pandemic. The Town has incurred unforeseen expenditures in the total amount of $229,983.00 to date. These expenses include PPE, cleaning & sanitizing of municipal buildings, telework expenses, grocery & meal delivery to seniors, sanitation & refuse collection, providing a lunch program for families, signage & communication, compliance & reporting, and education materials. We anticipate more costs through June 30th for a final FY20 combined deficit in our FEMA Covid19 special revenue account and CARES Act special revenue account of not more than $300,000.00. The Select Board voted to request MA Department of Revenue authorization for this deficit spending at their Monday June 15, 2020 meeting. Thank you for your consideration and please let me know if you have any questions. Sincerely, Peter Lombardi Town Administrator Bulletin BUL-2020-01 Emergency Expenditures and Borrowing TO: Local Officials FROM: Marie Jane Handy, Director of Accounts DATE: March 20, 2020 SUBJECT: Emergency Expenditures Related to COVID -19 under G.L. c. 44, § 31 and Emergency Short-term Borrowing under G.L. c. 44, § 8(9) ______________________________________________________________________________ This Bulletin provides guidance to local officials on emergency expenditures related to COVID-19 under G.L. c. 44, § 31. The provisions of G.L. c. 44, § 31 apply to cities, towns and special purpose districts as defined under G.L. c. 44, § 1 , but do not apply to regional school districts. Note – Legislation is pending which may affect the information contained in this Bulletin. If such legislation is approved, the Director will issue further guidance. I. Emergency Liabilities in Excess of Appropriation Under G.L. c. 44, § 31, no department financed by municipal revenue, or in whole or in part by taxation, of any city, town or special purpose district, except Boston, may incur liabilities in excess of appropriation “except in cases of major disaster, including, but not limited to, flood, drought, fire, hurricane, earthquake, storm or other catastrophe, whether natural or otherwise, which poses an immediate threat to the health or safety of persons or property, and then only upon a declaration by the governor of a state of emergency with respect to the disaster ….” On March 10, 2020, the Governor declared a state of emergency with regard to COVID-19. As a result, cities, towns and special purpose districts may expend from any available funds in the treasury in relation to the emergency without an appropriation by following the procedure described below. II. Payment of Liabilities After Director’s Approval Emergency liabilities in excess of appropriation may only be paid after written approval by the Director of Accounts (Director) of the Division of Local Services (DLS). Requests for written approval must be made by the entity’s chief executive officer (CEO). Under G.L. c. 4, § 7, clause Fifth B, the CEO is the mayor in a city and the selectboard in a town unless some other municipal office is designated to be the chief executive officer under the provisions of a local charte r . In a district, the prudential committee, if any, otherwise the commissioners shall act as the CEO. The request must include the following: • a spending estimate to address the emergency situation • a description of the types of expenditures anticipated to be made. Supporting a Commonwealth of Communities www.mass.gov/DLS P.O. Box 9569 Boston, MA 02114 -9569 (617) 626-2300 Kevin W. Brown Acting Commis sioner of Revenue Sean R. Cronin Senior Deputy Commissioner 2 Payments may be made from any available funds in the treasury. The Director’s written payment authorization will deem these expenditures to be legal overdrafts. The spending estimate may be increased upon approval by the Director, if needed. The Director’s approval provides immediate spending authority until other financing sources, such as emergency borrowing or appropriations from available funds, can be put in place to cover the spending. Even if the entity intends to emergency borrow as will be shown in this Bulletin, the Director’s payment approval is still necessary so as to not negatively affect the calculation of free cash. III. Allowable and Non-Allowable Liabilities Allowable liabilities in excess of appropriation which may be incurred include personnel costs, overtime and other costs associated with the emergency, including but not limited to, costs related to extraordinary cleaning of public buildings, maintaining the health and safety of employees or the public, including the purchase of personal protective supplies and equipment, and costs to implement remote participation of local boards or committees in meetings under the Open Meeting Law as described in the Governor’s Order dated March 12, 2020 – Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, § 20. IV. Accounting for Expenditures After receiving the Director’s written payment authorization, the local accounting officer may either: • establish a COVID-19 emergency account to charge expenditures (recommended); or • charge any applicable existing account(s). If this option is chosen, by fiscal year end, the Director’s authorized payments may be transferred by the local accounting official without appropriation to a COVID-19 emergency account as indicated above. If a sufficient balance remains in the account(s) as of June 30, such a transfer may be deemed unnecessary. V. Providing for an Emergency Account Deficit An emergency account deficit may be provided for in the current fiscal year’s Tax Rate Recap, with or without appropriation from the tax levy, if the tax rate has not yet been set. Otherwise, the deficit must be provided for in the next fiscal year’s Tax Rate Recap unless otherwise indicated by the Director. Additional options include: • appropriating from certified free cash or other allowable available funds; • transferring under G.L. c. 44, § 33B; • applying applicable insurance reimbursements; • borrowing short or long term under G.L. c. 44, § 8(9), and/or G.L. c. 44, § 8(9a), the proceeds from which must be received prior to tax rate certification for the deficit to be deemed provided for VI. Reporting of Expenditures Emergency payments as of June 30th which have not been provided for are reported by the accounting officer or treasurer to the board of assessors to include in the next annual Tax Rate 3 Recap unless otherwise provided for, so long as any proceedings brought under G.L. c. 40, § 53 regarding restraint of illegal appropriations are terminated. VII. Emergency Short-term Emergency Borrowing under G.L. c. 44, § 8(9) Cities, towns and special purpose districts may borrow through short-term notes to fund emergency payments approved by the Director under G.L. c. 44, § 31 for a period not more than 2 years or such longer period up to 10 years as the Director shall determine after considering the ability of the city, town or district to provide other essential public services and pay, when due, the principal and interest on its debts, the amount of federal and state payments likely to be received for the purpose of the appropriations and such other factors as the Director may deem necessary or advisable. To use this short-term emergency borrowing option, the municipality or district must (1) authorize the borrowing and (2) obtain the approval of the borrowing from the Director. The borrowing may be authorized (1) in the regular manner by two-thirds vote of the municipality or district’s legislative body, and in a city with the approval of the mayor if required by charter, or (2) under an expedited procedure authorized by the treasurer of the city, town or district, with the approval of the chief executive officer in a city or town, or the prudential committee, if any, or by the commissioners in a district. Short-term borrowing may be paid down at maturity by applying without appropriation any FEMA or similar reimbursements received regarding the emergency expenditures or insurance reimbursements received regarding the emergency expenditures less than $150,000 with approval of the chief executive officer under G.L. c. 44, § 53. For purposes of 8(9), emergency means: “a sudden, unavoidable event or series of events which could not reasonably have been foreseen or anticipated at the time of submission of the annual budget for approval; provided, further, that emergency shall not include the funding of collective bargaining agreements or items that were previously disapproved by the appropriating authority for the fiscal year in which the borrowing is sought;” For more information on this borrowing option, please contact Bill Arrigal in the DLS Public Finance Section at (617) 626-2399 email: arrigal@dor.state.ma.us. For other questions regarding this Bulletin, please contact your Bureau of Accounts field representative. Bulletin BUL-2020-07 Accounting for COVID-19 Emergency Expenditures and for Reimbursements and Monies Received by Cities and Towns from CARES ACT Coronavirus Relief Funds and from FEMA TO: Local Officials FROM: Mary Jane Handy, Director of Accounts DATE: June 2020 This Bulletin supplements Bulletin 2020-1, Emergency Expenditures Related to COVID -19 under G.L. c. 44, § 31 and Emergency Short-term Borrowing under G.L. c. 44, § 8(9), and provides further guidance to local officials regarding the accounting for COVID-19 emergency (emergency) expenditures and for the accounting treatment of reimbursements and other monies received by cities and towns from grants under CARES ACT Coronavirus Relief Funds (CARES ACT CvRF) as described in the May 14th letter from Michael J. Heffernan, Secretary of Administration and Finance (Secretary) to Chief Executives of Massachusetts Cities and Towns 1 and under FEMA. Note: The information contained in this Bulletin reflects information currently in federal law and relevant guidance from the US Treasury. If this information is modified by future federal actions, the Executive Office for Administration and Finance (A&F) and/or the Director of Accounts (Director) of the Division of Local Services (DLS) may issue further guidance. This accounting guidance pertains only to the reimbursements and monies received relative to the $150 billion of CARES ACT CvRF for Cities and Towns as described in Secretary Heffernan’s letter. Other Restricted CARES revenues received from other state and federal agencies that have a specific purpose should only be used for the purpose intended. This Bulletin also provides accounting guidance for COVID-19 FEMA reimbursements. • For FY2020, as described in Bulletin 2020-1, emergency expenditures in excess of appropriation may only be paid after written approval by the Director. The approved emergency spending authority may be increased upon approval by the Director, if needed. • For FY2021, a city/town may make expenditures for eligible purposes under the Secretary’s grant award, without appropriation, in anticipation of reimbursement from the Secretary’s grant under G.L. c. 44, s. 53A. Supporting a Commonwealth of Communities www.mass.gov/DLS P.O. Box 9569 Boston, MA 02114 -9569 (617) 626-2300 1 Under April 15, 2020 Declaration of Trust by the Secretary, the payments to cities and towns shall be treated as grants. Geoffrey E. Snyder Commissioner of Revenue Sean R. Cronin Senior Deputy Commissioner 2 For questions regarding accounting procedures regarding th is Bulletin, please contact your Bureau of Accounts field representative. For questions regarding CARES ACT CvRF eligible expenses, reimbursements or the application process, direct them to LocalGovCaresAct@dor.state.ma.us. Accounting Procedures: The following outlines the accounting procedures that should be followed to properly record expenditures, reimbursements and monies received from CARES ACT CvRF and FEMA related to the COVID-19 emergency. Establish Separate COVID-19 Emergency Funds Establish two separate COVID-19 Emergency Fund Accounts, one fund titled “COVID-19 CARES CvRF” and the other “COVID-19 FEMA”. Within these funds, at a minimum, specific expense accounts should be established according to Attachment A of the Secretary’s letter. Additionally, in each fund, a revenue account should be established. One for FEMA reimbursements in the FEMA Fund and one for CARES ACT C vRF reimbursements in the CARES ACT CvRF Fund. At this time, due to the uncertainty of exactly what the two reimbursements will cover, the following is our best advice to determine how the emergency fund expenses should be recorded. If any FEMA reimbursement is expected for an expense, we recommend charging the expense to the FEMA Fund in the appropriate expense category. If no FEMA reimbursement is expected, we recommend charging the expense to the CARES ACT C vRF Fund in the appropriate expense category. We do not recommend splitting invoices. The expenditures in the FEMA Fund are to be offset as FEMA reimbursements are received. After the community receives final reimbursements from FEMA, any remaining expenditures in this account might possibly be covered by CARES ACT CvRF reimbursements depending on further guidance received from the federal government. If not, any deficit will need to be provided for in the ensuing fiscal year’s tax rate recap. For more detail on accounting entries, please see below. For balance sheet purposes, the aggregate of the two COVID-19 emergency fund balances will determine whether a deficit exists at year end, since COVID -19 CARES ACT CvRF funds may cover the expenses in both funds by June 30th. The Bureau will not reduce free cash due to the deficit in this special account if properly recorded. Because federal dollars cannot be claimed twice for the same spending, we urge you to develop an internal tracking mechanism to ensure invoices are not submitted more than once to a funding source. Accounting for COVID-19 emergency expenditures incurred prior to this guidance: Municipalities may already be accounting for FY 2020 COVID-19 emergency expenditures in one of two options, as permitted in Bulletin 2020-1, Part IV: Option 1: Charging COVID-19 emergency expenditures to line item appropriations within the general fund budget, or 3 Option 2 Charging COVID-19 emergency expenditures directly to a COVID-19 emergency fund (special revenue fund). If Option 1 applies, journal entries should be made to transfer the expenditures from the general fund appropriation accounts to either of the COVID-19 Emergency Funds using the guidance above to determine which is the appropriate fund. The entries to be made are as follows: In the General Fund: DR Due from Special Revenue Fund (CARES ACT CvRF or FEMA) CR Expense Account (To transfer expense paid by the general fund for the COVID-19 emergency to the COVID-19 Special Revenue Account) In the Special Revenue Fund: DR COVID-19 Expense Account in CARES ACT C vRF or FEMA Fund CR Due to General Fund (To transfer expense paid by the general fund for the COVID-19 emergency to the COVID-19 Special Revenue Account) When the cash is actually transferred between funds, the following entries should be made. In the General Fund: DR Cash CR Due from Special Revenue Fund (To record the transfer of cash from the special revenue fund to the general fund for COVID -19 expenses originally paid in the general fund.) In the Special Revenue Fund: DR Due to General Fund CR Cash (To record the transfer of cash from the special revenue fund to the general fund for COVID-19 expenses originally paid in the general fund.) 4 If Option 2 applies, no entries need be made other than to classify COVID -19 expenses into the proper fund and expenditure categorie s according to this guidance and Attachment A of the Secretary’s letter. Accounting for revenues: When funds are received from CARES ACT C vRF or FEMA, the revenue should be recorded in either the COVID-19 CARES ACT CvRF or the COVID-19 FEMA Special Revenue Fund in the applicable revenue account. The entry to make is as follows: DR Cash CR CARES ACT CvRF or FEMA Revenue (To record CARES ACT CvRF or FEMA revenue) Accounting for expenses: As stated above, due to the evolving landscape of federal guidance regarding the use of CARES ACT CvRF funds, we recommend the following to determine in what COVID-19 expense fund expenses should be recorded. If any FEMA reimbursement is expected for an expense, we recommend charging it to the FEMA Fund in the appropriate expense category. If no FEMA reimbursement is expected, we recommend charging it to the CARES ACT CvRF Fund in the appropriate expense category. The journal entry to make would be: DR Expense CR Cash (To record COVID-19 expense in the proper fund and account) 1 MICHAEL HEFFERNAN SECRETARY Commonwealth of Massachusetts EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE STATE HOUSE, ROOM 373 BOSTON, MASSACHUSETTS 02133 TELEPHONE (617) 727-2040 WWW.MASS.GOV/ANF To: Chief Executives of Massachusetts Cities and Towns From: Michael J. Heffernan, Secretary of Administration and Finance Date: May 14, 2020 RE: Fiscal Year 2020 Aid to Municipalities for COVID-19 Costs The Commonwealth of Massachusetts is preparing to distribute federal dollars from the Coronavirus Relief Fund (CvRF) to municipalities for specific COVID-19 response costs, consistent with parameters established by the federal Coronavirus Aid, Relief, and Economic Security Act (the “CARES” Act) and guidance from the US Treasury Department. This memo summarizes the Commonwealth’s approach to providing money through the CvRF to municipalities. The distribution announced today, adjusted for funds paid directly by the federal government to Boston and Plymouth County, represents 25% of the state’s allocation from the Coronavirus Relief Fund. We anticipate that in most cases, these funds will be sufficient to address incurred or expected eligible COVID-related expenses, while maintaining necessary flexibility to allocate additional funds if unanticipated needs arise, or if federal rules change. The key aspects of this approach include: • Immediate Support for Incurred or Expected Expenses: Municipalities may apply for resources to address eligible COVID-19 response costs that are already incurred or expected in Fiscal Year 2020. These funds will help address any existing deficits in Fiscal Year 2020, thereby avoiding the need to use reserves to fund a deficit or carry one into Fiscal Year 2021. • Cashflow Relief: These resources can help ease municipal cashflow pressures. • Federal Revenue Optimization: By seeking FEMA reimbursements at the state and municipal level, the Commonwealth and municipalities can work together to maximize federal resources available for Massachusetts to address the public health crisis. • Compliance Risk Management: Accounting for COVID-19 costs is complicated by a mix of revenue sources (federal, state) and the still-evolving federal guidance about how to spend and track the money. Clear processes and documentation can mitigate the risk of federal audit challenges to the uses of these funds. If you have questions about how to track and account for these funds, contact the auditing firm that completes your annual audit or your Division of Local Services (DLS) field rep. 2 Please refer to the guidance distributed by the Executive Office for Administration and Finance for detailed information on this approach (https://www.mass.gov/info-details/covid-19- resources-and-guidance-for-municipal-officials). If the federal law or relevant guidelines materially change, we expect to revisit this distribution plan. 1 MICHAEL HEFFERNAN SECRETARY Commonwealth of Massachusetts EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE STATE HOUSE, ROOM 373 BOSTON, MASSACHUSETTS 02133 TELEPHONE (617) 727-2040 WWW.MASS.GOV/ANF To: Chief Executives of Massachusetts Cities and Towns From: Michael J. Heffernan, Secretary of Administration and Finance Date: May 14, 2020 Re: Federal Coronavirus Relief Fund The federal Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) includes funds for Massachusetts governments to use to pay costs incurred in responding to the COVID- 19 outbreak. This memo describes how your city or town can access funds for that purpose. Background The CARES Act authorized $150 B through the Coronavirus Relief Fund for state and local governments, including $2.7 B for Massachusetts. Aside from large local government units (Boston and Plymouth County), funds have been sent in the first instance to the state, with the expectation that the state will use funds for its own expenses and those of municipalities. The Executive Office for Administration and Finance (“A&F”) has established an expendable trust to hold the federal funds and is authorized to spend from that trust on the basis of the federal law. Eligible Uses Under federal law, eligible uses must meet three conditions. They must be: 1. “Necessary expenditures incurred due to the public health emergency with respect to … COVID–19” a. Funds may not be used to substitute for lost revenue 2. Not budgeted as of March 27, 2020 when the CARES Act was enacted a. May not supplant state or municipal spending 3. Incurred on or after March 1, 2020, up to December 30, 2020 For further context on costs that A&F anticipates municipalities may incur, see the attached list of potential uses (Attachment A). If your municipality contemplates the use of funds outside these parameters, please contact the Division of Local Services (DLS) at LocalGovCaresAct@dor.state.ma.us and we will follow up to discuss your needs further. 2 Note that these eligible uses are as currently described in federal law and relevant guidance from the US Treasury. If these uses are modified by future federal actions, A&F will revisit the process and procedures described in this guidance. Intersection with Other Funding Sources Eligible uses of the federal Coronavirus Relief Fund may overlap with allowable uses of other federal grants and reimbursements. A&F will be working with the Command Center,* state agencies, and municipalities to optimize the use of federal funds. As a condition of accepting federal Coronavirus Relief Fund money, municipalities must maximize Federal Emergency Management Agency (“FEMA”) reimbursements. In other words, for costs that appear eligible under the federal Coronavirus Relief Fund as well as for FEMA reimbursement, municipalities must apply for FEMA reimbursement.† Federal dollars cannot under any circumstances be claimed twice for the same spending. DLS will issue further guidance on establishment of appropriate fund structures for both anticipated FEMA reimbursement and CARES Act funds. To the extent that municipalities are unsure of their precise needs or need money for cash flow purposes, they are free to request funds from the federal Coronavirus Relief Fund, with the understanding that unspent amounts will need to be returned to the Commonwealth. While this approach may be a little complicated due to possible multiple funding sources for similar expenses, providing municipalities with funding now eliminates or reduces FY20 deficits and helps with cash flow issues. Available Funds A&F has determined that initially 25% of total federal Coronavirus Relief Fund dollars to the Commonwealth will be directly available for municipalities. After subtracting amounts for Boston and Plymouth County municipalities, funds have been allocated in proportion to population. The attached chart indicates total eligible amounts for each municipality to be distributed in this FY20 round and a subsequent FY21 round later in the calendar year. At this time, cities and towns are asked to estimate their FY20 COVID-19 expenses. Municipalities who request less than the amount for which they are eligible do not forego the opportunity to ask for additional funds at a later date. Municipalities will be asked to estimate their COVID-19 expenses in FY21 still within the same ceiling. In other words, the ceiling is the preliminary total amount available for FY20 and FY21, but at this point all you are being asked to do is estimate your FY20 COVID-19 expenses. * The Command Center, headed by Health and Human Services Secretary Marylou Sudders, is the coordinating entity for the administration’s response to the COVID-19 outbreak. † For further information on the FEMA reimbursement process, please see MEMA’s resour ce page: https://www.mass.gov/info-details/covid-19-federal-disaster-declaration. 3 Note that to the extent actual expenditures are less than the amount requested, at this time A&F expects that municipalities will be required to return the balance of unspent funds to the Commonwealth. This approach is intended to get money out to municipalities quickly, and to allow adjustments over the coming months. A&F and DLS will continue to monitor the situation and may make additional funds available at a later date. Please contact DLS at LocalGovCaresAct@dor.state.ma.us if your FY20 expenditures are likely to exceed the eligible amounts in the first round. Municipalities located in Plymouth County should contact county officials for information about the Coronavirus Relief Fund. Dispersal of Funds Municipalities, through their chief executive officer, should complete the web-based application form. The application asks for estimates of FY20 incurred or anticipated expenses for each category listed in Attachment A. Based on these estimated amounts, the application will calculate an Estimated Request amount based on an assumed FEMA reimbursement rate for each category. Municipalities may request an amount above or below the Estimated Request using the Other Request field. Further, municipalities must return the certification (see Attachment B) through the web-based application form and agree to document costs and to return unspent funds, if any. The application deadline is Friday, June 5, 2020, but submissions will be reviewed and approved on a rolling basis. DLS will provide guidance regarding local accounting requirements (e.g., treatment of funds, general ledger entries, etc.) via a Bulletin. Audit Provisions and Documentation Federal Coronavirus Relief Fund expenditures are subject to audit by an Inspector General within the U.S. Department of the Treasury. Documenting that costs were eligible uses are essential to managing compliance risk and to minimizing the possibility that the costs are deemed ineligible, thereby requiring that the municipality and the state may need to return funds to the federal government. A&F will establish a bimonthly reporting process to monitor incurred spending relative to estimates, and to ensure that documentation is adequate to minimize compliance risk. For now, we ask that you document costs clearly with respect to the date and nature of the expense incurred so that together we can best manage resources in the interests of the residents of Massachusetts. In general, we will be asking that you document expenses with the same specificity as for FEMA reimbursements. A&F will follow up with further guidance as necessary. Thank you for your cooperation as we work together to protect the interests of all our residents. 4 Attachment A- Potential Municipal Uses Note that the state and municipalities should coordinate on appropriate funding source where more than one source is potentially available for the purpose. For purposes of calculating the Estimated Request, costs in categories denoted with an asterisk (*) are assumed to be ineligible for FEMA reimbursement but FEMA has final approval for eligibility determination. Cost in all other categories are assumed to be reimbursed by FEMA at a rate of 75 percent. • Core municipal services, in a declared state of emergency o First responder costs, including: ▪ Direct staffing costs – Overtime, additional hires, and/or backfilling staff who test positive ▪ Quarantine/isolation costs for first responders who may be infected and should not put household members at risk – or who should be kept apart from potentially infected household members • Including hotel/motel space, sanitization of first responder vehicles, etc. o Temporary staff to backfill sick or quarantined municipal employees including: ▪ City/town management ▪ Phone/administrative support ▪ Janitorial ▪ Police, fire, EMT ▪ Trash collection ▪ Other o Staff for compliance and reporting associated with this funding o Accelerated telework capacity – infrastructure, subscriptions for meeting services, hardware (laptops)* o Hiring and training, including training for employees and contractors hired for COVID-19 response o PPE, including first responders, grocery store employees, gas station attendants and others who interact with public o Sanitation and Refuse Collection* o Food inspection* o Cleaning/disinfection of public buildings ▪ Municipal buildings, including fire stations ▪ Public housing ▪ Specialized cleaning equipment ▪ Air filtration / HVAC o School distance learning, to the extent not funded from other sources, including ▪ Planning and development, including IT costs* ▪ Incremental costs of special education services required under individual education plans (IEPs) in a remote, distance, or alternative location* ▪ Food for families that rely on food through the school system* o Costs of debt financing related to COVID-19 investments – short-term borrowing and construction carrying costs* 5 o Health insurance claims costs in excess of reasonably budgeted claims costs, and directly related to COVID-19 medical costs • Expanded public health mission o Boards of health staffing needs – to the extent not addressed with public health funding o Use of public spaces/ building as field hospitals o Shelter for those who are homeless or otherwise have nowhere they can go without significant risk to themselves or other household members, and are at high risk of or recovering from COVID-19 o Food banks / food pantries – need tied to COVID-19* o Travel expenses – for distribution of resources o Transporting residents to COVID-19 medical and testing appointments o Signage and communication including translation services o Educational materials related to COVID-19 o Testing for COVID-19 • Services and supports to residents in their homes o Grocery and/or meals delivery – modeled on COA activities ▪ Expanded participation ▪ Replacement of meals delivery volunteer staff (often retirees) o Wellness check-ins with vulnerable elders* o Short-term rental or mortgage support* o Prescription drug delivery* 6 Attachment B - CERTIFICATION I, [Insert name of signatory], am the chief executive of [insert name of municipality], and I certify that: 1. I have the authority on behalf of [insert name of municipality] to request payment from the Commonwealth of Massachusetts. At this time, I am requesting payment in the amount of [$X – reflecting current estimate of eligible FY20 costs] for fiscal year 2020 costs in connection with section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136, div. A, Title V (Mar. 27, 2020) (“section 601”). 2. I understand that the Commonwealth will rely on this certification as a material representation in making a payment to [insert name of municipality]. 3. As required by federal law, [Insert name of municipality]'s proposed uses of the funds provided as payment in response to this request will be used only to cover those costs that- a. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); b. were not accounted for in the budget most recently approved as of March 27, 2020, for [insert name of municipality]; and c. were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. 4. I will report bimonthly on incurred expenses in a form prescribed by the Secretary of Administration and Finance, and will cooperate with the Executive Office for Administration and Finance in creating and retaining appropriate documentation to demonstrate that the proposed uses meet the requirements of section 601. 5. I will coordinate with the Executive Office for Administration and Finance in optimizing federal funds from section 601 and other potentially available federal sources. In particular, I will prioritize and coordinate application for FEMA reimbursement where available. 6. To the extent actual expenditures are less than the amount requested per item 1 above, I agree to return the balance of unspent funds to the Commonwealth. If the United States Department of the Treasury recoups funds from the Commonwealth based on a determination they were used by [insert name of municipality] in a manner not in compliance with section 601, I agree that the Commonwealth may recover funds from the city or town through an assessment or deduction from the city or town’s periodic unrestricted local aid distribution. By: _________________________________ Signature:____________________________ Title:________________________________ Date:________________________________ 7 Attachment C – Total Eligible Amounts (Round 1 and 2) Total Eligible Amounts Acton $2,092,925 Acushnet $932,814 Adams $712,131 Agawam $2,543,991 Alford $43,290 Amesbury $1,549,019 Amherst $3,482,889 Andover $3,209,569 Aquinnah $28,831 Arlington $4,022,564 Ashburnham $559,512 Ashby $285,134 Ashfield $152,883 Ashland $1,564,007 Athol $1,036,235 Attleboro $3,977,863 Auburn $1,479,631 Avon $398,430 Ayer $719,801 Barnstable $3,919,936 Barre $493,034 Becket $152,530 Bedford $1,251,541 Belchertown $1,334,330 Bellingham $1,514,898 Belmont $2,321,456 Berkley $599,717 Berlin $283,900 Bernardston $186,387 Beverly $3,730,552 Billerica $3,860,335 Blackstone $822,252 Blandford $111,091 Bolton $473,990 Bourne $1,752,069 Boxborough $563,215 Boxford $737,699 Boylston $413,330 Braintree $3,284,247 Total Eligible Amounts Brewster $864,573 Brimfield $332,569 Brookfield $304,884 Brookline $5,229,227 Buckland $165,314 Burlington $2,534,116 Cambridge $10,489,930 Canton $2,083,315 Carlisle $462,616 Charlemont $109,769 Charlton $1,207,633 Chatham $543,113 Chelmsford $3,113,466 Chelsea $3,540,815 Cheshire $277,199 Chester $122,024 Chesterfield $110,915 Chicopee $4,900,538 Chilmark $80,850 Clarksburg $145,477 Clinton $1,236,288 Cohasset $753,040 Colrain $147,857 Concord $1,693,790 Conway $166,813 Cummington $77,411 Dalton $579,174 Danvers $2,444,626 Dartmouth $3,024,770 Dedham $2,233,641 Deerfield $444,542 Dennis $1,224,209 Dighton $695,731 Douglas $789,454 Dover $537,911 Dracut $2,799,060 Dudley $1,040,555 Dunstable $300,123 East Brookfield $195,291 8 Total Eligible Amounts East Longmeadow $1,436,781 Eastham $429,465 Easthampton $1,409,537 Easton $2,208,601 Edgartown $382,912 Egremont $106,507 Erving $156,410 Essex $334,067 Everett $4,133,302 Fairhaven $1,418,971 Fall River $7,905,205 Falmouth $2,734,874 Fitchburg $3,604,472 Florida $63,833 Foxborough $1,558,012 Framingham $6,447,088 Franklin $2,929,813 Freetown $828,336 Gardner $1,826,747 Georgetown $773,495 Gill $131,282 Gloucester $2,680,387 Goshen $93,810 Gosnold $6,613 Grafton $1,665,047 Granby $559,600 Granville $143,184 Great Barrington $604,125 Greenfield $1,539,408 Groton $1,003,878 Groveland $603,949 Hadley $471,345 Hamilton $713,982 Hampden $460,235 Hancock $61,806 Hardwick $269,441 Harvard $582,789 Harwich $1,069,739 Hatfield $289,543 Haverhill $5,646,348 Hawley $29,624 Total Eligible Amounts Heath $61,894 Hinsdale $169,458 Holbrook $974,077 Holden $1,689,558 Holland $220,155 Holliston $1,317,137 Holyoke $3,558,273 Hopedale $526,009 Hopkinton $1,610,736 Hubbardston $422,059 Hudson $1,759,828 Huntington $192,382 Ipswich $1,242,459 Lancaster $721,653 Lanesborough $261,417 Lawrence $7,086,568 Lee $503,878 Leicester $1,004,583 Lenox $437,665 Leominster $3,687,438 Leverett $164,080 Lexington $2,979,363 Leyden $63,833 Lincoln $599,276 Littleton $902,926 Longmeadow $1,395,430 Lowell $9,845,688 Ludlow $1,893,666 Lunenburg $1,027,771 Lynn $8,345,427 Lynnfield $1,149,795 Malden $5,381,404 Manchester By The Sea $478,663 Mansfield $2,121,580 Marblehead $1,819,253 Marlborough $3,511,279 Mashpee $1,250,218 Maynard $940,485 Medfield $1,137,716 Medford $5,093,008 9 Total Eligible Amounts Medway $1,183,828 Melrose $2,485,712 Mendon $545,141 Merrimac $614,970 Methuen $4,469,927 Middlefield $46,729 Middleton $886,086 Milford $2,566,121 Millbury $1,222,533 Millis $729,147 Millville $287,868 Milton $2,434,840 Monroe $9,875 Monson $781,607 Montague $733,203 Monterey $81,908 Montgomery $76,706 Mount Washington $13,930 Nahant $310,703 Nantucket $998,676 Natick $3,194,228 Needham $2,755,065 New Ashford $19,838 New Bedford $8,403,705 New Braintree $90,725 New Marlborough $128,549 New Salem $89,931 Newbury $629,870 Newburyport $1,604,829 Newton $7,838,462 Norfolk $1,056,955 North Adams $1,137,716 North Andover $2,759,297 North Attleborough $2,587,634 North Brookfield $423,910 North Reading $1,385,115 Northampton $2,532,706 Northborough $1,331,421 Northbridge $1,475,222 Northfield $263,798 Norton $1,758,770 Total Eligible Amounts Norwood $2,585,694 Oak Bluffs $412,449 Oakham $173,073 Orange $675,717 Orleans $511,196 Otis $136,484 Oxford $1,237,963 Palmer $1,085,256 Paxton $437,576 Peabody $4,697,399 Pelham $116,558 Pepperell $1,072,208 Peru $73,796 Petersham $110,474 Phillipston $154,382 Pittsfield $3,750,037 Plainfield $58,543 Plainville $813,788 Princeton $306,647 Provincetown $260,976 Quincy $8,338,902 Randolph $3,032,793 Raynham $1,261,944 Reading $2,233,905 Rehoboth $1,081,377 Revere $4,745,274 Richmond $125,374 Rockport $643,183 Rowe $34,738 Rowley $560,570 Royalston $112,502 Russell $158,878 Rutland $779,932 Salem $3,840,497 Salisbury $836,623 Sandisfield $78,910 Sandwich $1,783,280 Saugus $2,502,641 Savoy $60,219 Seekonk $1,384,409 Sharon $1,670,161 10 Total Eligible Amounts Sheffield $277,905 Shelburne $164,080 Sherborn $382,736 Shirley $674,395 Shrewsbury $3,347,993 Shutesbury $156,410 Somerset $1,602,977 Somerville $7,191,135 South Hadley $1,569,914 Southampton $546,287 Southborough $896,577 Southbridge $1,492,768 Southwick $863,426 Spencer $1,055,456 Springfield $13,668,817 Sterling $722,094 Stockbridge $167,783 Stoneham $2,003,964 Stoughton $2,552,455 Stow $636,042 Sturbridge $849,937 Sudbury $1,730,468 Sunderland $322,606 Sutton $842,090 Swampscott $1,342,530 Swansea $1,472,842 Taunton $5,051,657 Templeton $718,831 Tewksbury $2,767,408 Tisbury $362,457 Tolland $44,877 Topsfield $584,287 Townsend $841,737 Truro $176,247 Tyngsborough $1,094,867 Tyringham $27,861 Upton $706,400 Uxbridge $1,242,724 Wakefield $2,392,431 Wales $167,342 Walpole $2,222,620 Total Eligible Amounts Waltham $5,551,215 Ware $865,013 Warren $462,704 Warwick $68,771 Washington $47,699 Watertown $3,169,982 Wayland $1,223,944 Webster $1,501,232 Wellesley $2,616,201 Wellfleet $240,610 Wendell $78,117 Wenham $465,878 West Boylston $724,298 West Brookfield $333,715 West Newbury $413,595 West Springfield $2,534,557 West Stockbridge $111,444 West Tisbury $255,775 Westborough $1,691,850 Westfield $3,674,830 Westford $2,142,123 Westhampton $144,683 Westminster $695,114 Weston $1,069,827 Westport $1,409,625 Westwood $1,421,881 Weymouth $5,088,952 Whately $139,305 Wilbraham $1,300,386 Williamsburg $219,449 Williamstown $704,725 Wilmington $2,107,825 Winchendon $961,998 Winchester $2,014,720 Windsor $77,147 Winthrop $1,647,678 Woburn $3,561,711 Worcester $16,388,350 Worthington $104,655 Wrentham $1,054,839 Yarmouth $2,055,630 TOWN OF BREWSTER 2298 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-9430 WWW.BREWSTERRECREATION.COM WWW.TOWN.BREWSTER.MA.US OFFICE OF RECREATION COMMISSION June 10, 2020 Dear Select Board members, I am writing you today to ask your permission to have a yoga class on the beach. Victoria Susan is a certified yoga instructor, and has taught classes with us for the past few years during the months of July and August at Crosby Beach. She would like to do so again this summer, and Brewster Recreation would be sponsoring this class. Both Amy van Hone and I have signed off on it. Her proposal is below: Brewster Beach Yoga Proposal: Held at Crosby Beach, 7:30am-8:30am, Monday-Thursday Begins July 1 through August 28 10 persons or less allowed Pre-registration via text and payment with Cash Apps. 6 foot distance required between participants. Any Cash handling will be with gloves and with masks. I will have hand sanitizer for participants. Participants required to bring their own beach towel to be used as a yoga mat. I hope this information is suffice. Please let me know if you need anything else from the Recreation Department. Thank you for your consideration, Mike Gradone Recreation Director Town of Brewster for a term of 3 years David Miller to the Agriculture Commission Jane Weber to the Agriculture Commission Stephan Brown to the Agriculture Commission for a term of 1 year Doug Erickson to the Alewife Warden William LeMaitre to the Alewife Warden for a term of 3 years G. Howard Hayes to the Assessors Board for a term of 3 years Susan Riseman to the Bikeways Committee for a term of 1 year Benjamin deRuyter to the Brewster Affordable Housing Trust Madalyn Hillis-Dineen to the Brewster Affordable Housing Trust Paul Ruchinskas to the Brewster Affordable Housing Trust Sarah Robinson to the Brewster Affordable Housing Trust for a term of 2 years Donna Kalinick to the Brewster Affordable Housing Trust Maggie Spade-Aguilar to the Brewster Affordable Housing Trust Timothy Hackert to the Brewster Affordable Housing Trust for a term of 3 years*James Kane to the Cable Television Advisory for a term of 2 years*Lawrence Greeley to the Cable Television Advisory for a term of 1 year*Zeb Barker to the Cable Television Advisory *appointment terms staggered for a term of 1 year Susan Broderick to the Cape Cod Municipal Health Care Group for a term of 1 year Marilyn Bernardo to the Capital Planning Committee - Alternate for a term of 3 years James Jones to the Cemetery Commission for a term of 1 year Charles Sumner to the Charter Committee Colette Williams to the Charter Committee Cynthia Bingham to the Charter Committee Karen Whitney to the Charter Committee Peter Lombardi to the Charter Committee Richard Koch to the Charter Committee William Meehan to the Charter Committee for a term of 3 years Abigail Archer to the Coastal Committee Mary O'Neil to the Coastal Committee Rachel Hutchinson to the Coastal Committee for a term of 3 years Bruce Evans to the Conservation Commission We, the Select Board of Brewster by the virtue of the authority in us vested by the laws of the Commonwealth, do here by move to re-appoint: for a term of 3 years Joan Bernstein to the Cultural Council Joan Swaluk to the Cultural Council JoAnn Phillips to the Cultural Council for a term of 1 year Cynthia Mathison to the Elections Glenda Normand to the Elections Jackie Courchesne to the Elections June Cameron to the Elections Lauren Eliott-Grunes to the Elections Sharon Ryone to the Elections for a term of 1 year Peter Lombardi to the Emergency Management for a term of 3 years Charles Hanson to the Energy Committee Richard Wolf to the Energy Committee for a term of 3 years Andrea Johnson to the Golf Commission Anne O'Connell to the Golf Commission Wyn Morton to the Golf Commission for a term of 1 year Amy Von Hone to the Hazardous Waste Committee for a term of 3 years Daphne Geanacopoulos to the Historical Commission George Boyd to the Historical Commission Jeffrey Hayes to the Historical Commission for a term of 1 year Donna Kalinick to the HOME Consortium Barn County - Alternate for a term of 3 years Diane Pansire to the Housing Partnership Ned Chatelain to the Housing Partnership Vanessa Greene to the Housing Partnership for a term of 3 years Deborah Blackman-Jacobs to the Human Services Committee Elizabeth Jayes to the Human Services Committee Lisa Perkins to the Human Services Committee Sean Parker to the Human Services Committee for a term of 3 years Zeb Barker to the Lower Cape Community Access Television for a term of 1 year Patrick Ellis to the Oil Spill Coordinator Robert Moran to the Oil Spill Coordinator for a term of 1 year George Carey to the Old Kings Highway Historic District Committee - Alternate Tom Turcketta to the Old Kings Highway Historic District Committee - Builder for a term of 3 years Andrew Perkins to the Open Space Committee Don Keeran to the Open Space Committee Peter Herrmann to the Open Space Committee Tom Kowalski to the Open Space Committee for a term of 1 year Barry Horton to the Special Police Officer Lynda Brogden-Burns to the Reserve Police Officer for a term of 1 year Deborah Granelli to the Police Department - Matron Lynda Brogden-Burns to the Police Department - Matron Nancy Maddocks-Smith to the Police Department - Matron Jennifer Horton to the Police Department - Matron Deidre Schofield to the Police Department - Matron for a term of 3 years Brenda Locke to the Recycling Commission Edward Prevost to the Recycling Commission for a term of 3 years Thaddeus Nabywaniec to the Registrar for a term of 3 years Doug Erickson to the Stony Brook Millsites Roger O'Day to the Stony Brook Millsites for a term of 3 years Cynthia Baran to the Water Commissioner for a term of 2 years Susan Neese-Brown to the Water Commissioner for a term of 1 year Amy Von Hone to the Water Quality Review Committee Annette Graczewski to the Water Quality Review Committee Bruce Evans to the Water Quality Review Committee Chris Miller to the Water Quality Review Committee Mary Chaffee to the Water Quality Review Committee Ned Chatelain to the Water Quality Review Committee Roberta Barrett to the Water Quality Review Committee Victor Staley to the Water Quality Review Committee Cynthia Baran to the Water Quality Review Committee for a term of 3 years Brian Harrison to the Zoning Board of Appeals for a term of 1 year Susan McShane to the Zoning Board of Appeals - Alternate Given this 15th day of June 2020, to be effective as of July 1, 2020 Seal: Recorded: ____________________________________ Attest: _______________________________________Town Clerk ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ Archived: Friday, June 12, 2020 2:58:51 PM From: Christopher Kenney Se nt: Fri, 24 Apr 2020 15:38:30 To: Donna Kalinick; Peter Lombardi Subject: Fwd: Cape League Cancels 2020 Season Se nsitivity: Normal FYI ---------- Original Message ---------- From: Cape Cod Baseball League <bussiere@capecodbaseball.org> To: ericz00@comcast.net Date: April 24, 2020 at 3:21 PM Subject: Cape League Cancels 2020 Season For Imme diate Re le ase Cape Cod, M A – April 24, 2020: The Cape Cod Baseball League Executive Committee has voted unanimously to cancel the 2020 Cape Cod Baseball League season. The decision was based on the health concerns and safety needs of all involved. Following CDC guidelines and medical recommendations, the league determined it would be impossible to guarantee the safety of players, coaches, umpires, host families, volunteers and fans during this unprecedented health crisis. We would like to thank all our dedicated volunteers and sponsors for their support and look forward to playing again in 2021. Thank you for your continued support and stay safe and healthy. About Cape Cod Base ball Le ague The Cape Cod Baseball League is the premier collegiate summer baseball league in the nation founded in 1885. The Cape Cod Baseball League is a non-profit 501(c)(3) organization. Players from across the United States representing all NCAA college divisions are recruited to play in the 10-team league. Teams are located in Bourne, Brewster, Chatham, Cotuit, Falmouth, Harwich, Hyannis, Orleans, Wareham and Yarmouth-Dennis. One in every six Major League Baseball players has played in the Cape Cod Baseball League. There are annually 300 Cape Cod Baseball League Alumni playing in the major leagues and more than 1,250 all-time. The league operates primarily with volunteers and has since its’ inception which is another unique and appealing quality that is the Cape Cod Baseball League. For more information, follow www.capecodbaseball.org. Cape Cod Ba se ball League | 33 W intergree n Roa d, MAshpee, MA 02649 Unsubscribe ericz00@comcas t.net Upda te Profile | Abo ut Constant Co nta ct Sent by bussiere@ca peco dbaseball.org in collaboration w ith T ry email mark eting for free today! Page 1 of 5 2198 Main Street 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 April 19, 2020 Chris Kenney, President Brewster Baseball Club P.O. Box 2349 Brewster, MA 02631 David Telman, Chair Brewster School Committee 2198 Main Street Brewster, MA 02631 Dear Mr. Kenney and Mr. Telman: I am pleased to inform you that on February 12, 2020, the Brewster Community Preservation Committee (CPC) voted to recommend to Brewster Town Meeting approval of the application submitted by the Brewster Baseball Club (“BBC”) and the Brewster School Committee for a grant of $425,000 in CPA funds (the “Funds”) to fully fund Phase One of the Stony Brook Field Improvement for ADA Compliance project (as more particularly described below, the “Project”) and to fund portions of Phase Two of the Project, namely, the installation of safety fencing and safety netting, all on the Town-owned property located at 384 Underpass Road in Brewster. If the Project is approved and the Funds appropriated at the next Town Meeting at which other CPA-funded projects are considered for appropriation, the Funds will be available within fourteen (14) days of said Town Meeting or July 1, 2020, whichever is later, subject to the terms and conditions listed below. Project Description: To fund the construction of the Project and other related improvements on the Town-owned property at 384 Underpass Road in Brewster. The specifics of the Project are more fully described in BBC’s CPC application dated December 5, 2019, which is attached hereto as Exhibit A. The total cost of both phases of the Project is estimated at $528,000. Details of Project budget are attached as Exhibit B. While the Whitecaps leverage almost all of their fund-raising capacity to meet annual operating expenses, the team will be able to contribute $20,000 from reserves and special fund-raising efforts. Terms and conditions: The disbursement of Funds awarded by the CPC is contingent upon the following Terms and Conditions. 1. The Project is approved and $425,000 have been appropriated at the next Town Meeting. 2. The parties have signed a Grant Agreement in substantially the form attached hereto as Exhibit C, including the terms set forth herein. Community Preservation Committee Page 2 of 5 3. All work shall be performed in accordance with the Scope of Work included in the Project application. 4. Prior to the disbursement of any Funds for eligible expenses, BBC (through the Project administrator – Brewster DPW) shall submit to the CPC a copy of the executed contract with the selected contractor(s). 5. The CPC shall reimburse the BBC through the Project administrator (DPW) for work completed as described on the attached updated budget or as may be modified by the actual contract. Request for reimbursement, which must include invoices and other documentation of the expenses incurred, shall be submitted to Elizabeth Taylor, CPC Clerk, c/o Brewster Town Hall, 2198 Main Street. The CPC reserves the right to inspect the work prior to approving any funding request. Any funds not utilized for the Project shall be returned to the Budgeted Reserve for CPA. 6. The CPC shall hold back $20,000 of the Funds until the Project has been completed and documentation to that effect has been provided to the CPC. 7. BBC shall provide status report/updates to the CPC liaison every three months (i.e. Oct. 1, Jan. 1, April 1 and July 1) until the Project’s completion, at which time a final report will be due. 8. The Project must be completed no later than June 30, 2022. 9. The terms and conditions herein shall be binding on the parties unless and until amended, in writing, by mutual agreement. Any significant change in the approved Project shall require CPC approval and amendment of this award letter. The CPC Chair shall determine whether a change is significant. 10. The CPC liaison for the Project is Roland Bassett, Jr. at 508-896-5615. Do not hesitate to contact him with any questions or concerns. Page 3 of 5 If the terms of this award letter are acceptable, please execute two duplicate copies and return one original to Faythe Ellis, c/o Brewster Town Hall within fifteen (15) days of receipt and keep the other original for your records. __________________________________________________ Faythe Ellis, Chair, Brewster CPC AGREED AND ACCEPTED BY THE BREWSTER BASEBALL CLUB AND THE BREWSTER SCHOOL COMMITTEE _________________________________________ _______________________________ Chris Kenney, President David Telman, Chair Brewster Baseball Club Brewster School Committee Date: ____________________________________ Date:___________________________ cc: Peter Lombardi, Town Administrator Patrick Ellis, DPW Cindy Bingham, Select Board Mimi Bernardo, Finance Director 717694/BREW/0007 Page 4 of 5 EXHIBIT A Application titled Stony Brook Field Improvement for ADA Compliance dated 12/4/2019 submitted by Brewster Whitecaps (Brewster Baseball Club) on file with Community Preservation Committee Page 5 of 5 EXHIBIT B 165 COMMERCE PARK ROAD BREWSTER, MA 02631 PHONE: 508-896-5454 FAX: 508-896-4517 TOWN OF BREWSTER WATER DEPARTMENT Paul Anderson Superintendent Board of Water Commissioners Doug Wilcock Susan Brown Cynthia Baran Notice of Proposed Water Rate Increase The Brewster Water Department’s operations and capital expenses are funded by the water bills distributed in August and February each year. Water rate studies, done by a third party, are performed periodically to ensure the revenues produced by billing will support the Water Department’s annual budget approved at Annual Town Meeting. Water rate studies are typically done every three to five years. Prior to this year, Brewster’s last rate study was conducted in 2015 and changes were implemented in 2016. A new water rate study was completed in May 2020 and an increase in the existing rate structure effective July 1, 2020 was recommended. After careful examination, the Brewster Water Commissioners supported a gradual increase in rates over five years. A summary of the rate study and recommendations will be presented at the Select Board meeting on June 15,2020. This summary can be viewed at the town website and comments can be submitted to the Water Superintendent at panderson@brewster-ma.gov Brewster Water Commissioners June 15, 2020 Brewster Water Rate Changes Proposed for FY 2021 – FY 2025 Findings Financially Sound • Fund Balance 6/30/19 $1,727,828 – Not too much considering capital needs 1 Capital Needs Will Drive the Rates Moving Forward • Generator Project - $1,200,000 Bond • $320,000 Average per Year • Funded by Reserves • Extensive Capital Needs Beyond FY 2025 2 Consumption has Decreased by 3% Since last study (2015) 3 Capital Improvement Plan – Funded by Reserves FISCAL YEAR 2021 FISCAL YEAR 2022 FISCAL YEAR 2023 FISCAL YEAR 2024 FISCAL YEAR 2025 WATER DEPARTMENT Water Construction Account $180,000 $180,000 $180,000 $180,000 $180,000 Vehicle $60,000 $60,000 $60,000 $60,000 $90,000 Pump Replacement for Well No. 3 $40,000 Pump Replacement for Well No. 4 $40,000 Pump Replacement for Well No. 6 $40,000 Well No. 3 Cleaning Project $40,000 Well No. 4 Cleaning Project $40,000 Well No. 6 Cleaning Project $40,000 Water main - Red Top, North $125,000 Construction Generators Project - Bond $1,200,000 TOTAL $400,000 $365,000 $320,000 $240,000 $270,000 Generator Project -$1,200,000 20 Year Bond, 4% Interest Rate BREWSTER WATER DEPARTMENT DEBT SERVICE COST INTEREST RATE PER ANNUM 4.00% NUMBER OF PRINCIPAL PAYMENTS 20 PRINCIPAL AMOUNT 1,200,000 ANNUAL INTEREST PAYMENTS 2 Generator Project CARRYING PAYMENT Fiscal TOTAL PAYMENT PRINCIPAL INTEREST VALUE NUMBER Year PAYMENT 1,200,000.00 24,000.00 0.00 24,000.00 1,200,000.00 1 $108,000.00 84,000.00 60,000.00 24,000.00 1,140,000.00 2 FY 2021 22,800.00 0.00 22,800.00 1,140,000.00 3 $105,600.00 82,800.00 60,000.00 22,800.00 1,080,000.00 4 FY 2022 21,600.00 0.00 21,600.00 1,080,000.00 5 $103,200.00 81,600.00 60,000.00 21,600.00 1,020,000.00 6 FY 2023 20,400.00 0.00 20,400.00 1,020,000.00 7 $100,800.00 80,400.00 60,000.00 20,400.00 960,000.00 8 FY 2024 19,200.00 0.00 19,200.00 960,000.00 9 $98,400.00 79,200.00 60,000.00 19,200.00 900,000.00 10 FY 2025 18,000.00 0.00 18,000.00 900,000.00 11 $96,000.00 78,000.00 60,000.00 18,000.00 840,000.00 12 FY 2026 5 Year Average Budget- $3,297,302 Recommendations Element Recommended Notes Action Rates Rate Structure Annual Private Fire Protection Backflow Testing Increase rates in small steps over 5 years Maintain present rate structure Maintain present rates Institute $75 fee per test Semi-annual Minimum Charge Two Step Flow Rate Increases as Meter Size Increases Semi-annual: 1st Step: 0-5,000 gal. 2nd Step: > 5,000 gal. Proposed Rates BREWSTER WATER DEPARTMENT Current vs Proposed Rates & Charges Current Proposed Dollar Percentage Proposed Proposed Proposed Proposed Rates Rates FY 2021 Increase Increase Rates FY 2022 Rates FY 2023 Rates FY 2024 Rates FY 2025# 2 # 2 Semi-annual Basic System Fee (Minimum Charge) Up to 1" Meter $60.00 $60.00 $0.00 0.00%$65.00 $70.00 $75.00 $75.00 1" Meter $115.00 $115.00 $0.00 0.00%$125.00 $135.00 $150.00 $150.00 1 1/2" Meter $145.00 $145.00 $0.00 0.00%$160.00 $170.00 $175.00 $175.00 2" Meter $175.00 $175.00 $0.00 0.00%$200.00 $210.00 $225.00 $225.00 3" Meter $225.00 $225.00 $0.00 0.00%$250.00 $275.00 $300.00 $300.00 Dollar Increase to 1" Meter $0.00 $5.00 $5.00 $5.00 $0.00 Semi-annual Step Rates 1st Step: 0-5,000 Gallons, per 1,000 gallons $2.27 $2.43 $0.16 7.00%$2.48 $2.53 $2.58 $2.63 2nd Step: Over 5,000 Gallons, per 1,000 gallons $4.86 $5.20 $0.34 7.00%$5.30 $5.41 $5.52 $5.63 Step Rate Percentage Increase 7.00%2.00%2.00%2.00%2.00% Backflow Testing Per Test $0.00 $75.00 $75.00 $75.00 $75.00 $75.00 $75.00 Annual Private Fire Protection 2" Connection $80.00 $80.00 $0.00 0.00%$80.00 $80.00 $80.00 $80.00 4" & Larger Connection $160.00 $160.00 $0.00 0.00%$160.00 $160.00 $160.00 $160.00 Impact Analysis – FY 2021 Semi-Annual Billing Meter Quantity Current Proposed Dollar Percentage Size Gallons Bill Bill Difference Difference Up to 1" Meter 1,000 $62.27 $62.43 $0.16 0.26% 2,000 $64.54 $64.86 $0.32 0.50% 3,000 $66.81 $67.29 $0.48 0.72% 4,000 $69.08 $69.72 $0.64 0.93% 5,000 $71.35 $72.15 $0.80 1.12% 10,000 $95.65 $98.15 $2.50 2.61% 12,500 $107.80 $111.15 $3.35 3.11% 15,000 $119.95 $124.15 $4.20 3.50% 20,000 $144.25 $150.15 $5.90 4.09% 25,000 $168.55 $176.15 $7.60 4.51% 30,000 $192.85 $202.15 $9.30 4.82% 35,000 $217.15 $228.15 $11.00 5.07% 40,000 $241.45 $254.15 $12.70 5.26% 45,000 $265.75 $280.15 $14.40 5.42% 50,000 $290.05 $306.15 $16.10 5.55% 55,000 $314.35 $332.15 $17.80 5.66% 60,000 $338.65 $358.15 $19.50 5.76% 75,000 $411.55 $436.15 $24.60 5.98% 1" Meter 5,000 $126.35 $127.15 $0.80 0.63% 20,000 $199.25 $205.15 $5.90 2.96% 35,000 $272.15 $283.15 $11.00 4.04% 50,000 $345.05 $361.15 $16.10 4.67% 75,000 $466.55 $491.15 $24.60 5.27% 100,000 $588.05 $621.15 $33.10 5.63% 125,000 $709.55 $751.15 $41.60 5.86% 150,000 $831.05 $881.15 $50.10 6.03% Rate Comparison Rate Comparison Other Rates and Charges BREWSTER WATER DEPARTMENT Exhibit 1a Current vs Proposed Rates & Charges Current Proposed Dollar Percentage Rates Rates Increase Increase Turn On Water $25.00 $50.00 $25.00 100.00% Turn Off Water $25.00 $50.00 $25.00 100.00% Final Read $30.00 $50.00 $20.00 66.67% Labor Rate - Normal Working Hours $50.00 $50.00 $0.00 0.00% Labor Rate - After Normal Working Hours - 4 Hour Minimum $100.00 $300.00 $200.00 200.00% One Person and a Backhoe $100.00 $150.00 $50.00 50.00% Hydrant Use - Plus Cost of Water $0.00 $100.00 $100.00 #DIV/0! Meter Test - If meter is accurate $0.00 $75.00 $75.00 #DIV/0! Meter Test - If meter is inaccurate $0.00 $0.00 $0.00 #DIV/0! Recommendations ◦Increase Rates Beginning 7/1/2020 ◦Revise Other Fees & Service Charges Archived: Friday, June 12, 2020 3:00:23 PM From: Paul Anderson Se nt: Fri, 12 Jun 2020 10:52:26 To: Sherry Theuret; Victoria Valentino Cc: Peter Lombardi; Mary Chaffee; Cynthia Barren (cynthia.baran@comcast.net); Sue Brown (sbrown@town.orleans.ma.us) Subject: RE: Water Price Increase Se nsitivity: Normal Good Morning Mrs. Valentino, Thank you for sharing your concerns regarding the proposed rate increase. The Water Commissioners and Select Board will receive a copy of this email. Best-Paul Anderson From: Sherry Theuret Sent: Friday, June 12, 2020 10:01 AM To: Victoria Valentino <vvalentino.cc@gmail.com> Cc: Paul Anderson <panderson@brewster-ma.gov> Subject: RE: Water Price Increase Importance: High I have forwarded your email to the Superintendent. Sincerely, Sherry Theuret From: Victoria Valentino [mailto:vvalentino.cc@gmail.com] Sent: Friday, June 12, 2020 9:49 AM To: Sherry Theuret <stheuret@brewster-ma.gov> Subject: Water Price Increase To whom it may concern, Water is a human rights issue. Brewster should not be raising the price of the water yet again. A water price increase would be detrimental to residents as we emerge from this pandemic. This has been an incredibly tolling time for many financially and there is no need to make it any more complicated with a water price increase. No matter how big or small it may be. Sincerely, Victoria Valentino Bulletin BUL-2020-6 An Act to Address Challenges Faced by Municipalities and State Authorities Resulting From COVID-19 TO: Local Officials FROM: Mary Jane Handy, Director of Accounts DATE: May 2020 SUBJECT: Deficit Spending Authority for Continued Operation After June 30, 2020 In the Event of a Delay in FY2021 Budget Adoption _________________________________________________________________________ This Bulletin provides guidance to local officials regarding the procedures for obtaining deficit spending authority for continued operation beginning July 1, 2020 as authorized by section 5 of An Act to Address Challenges Faced by Municipalities and State Authorities Resulting From COVID- 19, Chapter 53 of the Acts of 2020, (the Act). Section 5 provides an option for towns and districts for expenditure without appropriation if the town’s or district’s annual budget is delayed beyond June 30, 2020 due to the current COVID -19 emergency (“emergency”). Section 5 authorizes the Division of Local Services’ D irector of Accounts (director) to approve expenditure from any appropriate fund or account of an amount necessary to continue uninterrupted government operations of not less than 1/12th of the town’s or special purpose district’s FY2020 approved budget. The director’s authority continues provided the emergency prevents budget adoption by a town or special purpose district meeting. Once the FY2021 budget is adopted, the deficit expenditure authority approved by the director terminates and spending authority thereafter will be pursuant to the budget approved by the town or district meeting. Towns and districts may not spend beginning July 1, 2020 without either a FY2021 budget approved by the town or district meeting or approval of monthly deficit spending by the director under section 5 through the procedures described in this Bulletin. If it is possible that a scheduled town or district meeting may not be held by June 30, we strongly encourage that a monthly expenditure plan under this Bulletin be submitted as soon as possible to ensure spending authorization starting July 1. Supporting a Commonwealth of Communities www.mass.gov/DLS P.O. Box 9569 Boston, MA 02114 -9569 (617) 626-2300 Geoffrey E. Snyder Commissioner of Revenue Sean R. Cronin Senior Deputy Commissioner 2 I. Process to Receive Deficit Expenditure Approval by the Director A. Delay of Town or Special Purpose District Meeting Section 5 applies to a town or district where the adoption of its annual budget is delayed beyond June 30, 2020 due to the current COVID -19 emergency (“emergency”). Bulletin 2020-02 explains sections 1 through 4 of Chapter 53 of the Acts of 2020 . These provisions grant authority to boards of selectmen and town councils to delay town meetings beyond June 30 and to moderators to recess and continue scheduled meetings due to the emergency. Towns are advised to consult with their local counsel regarding the responsibilities of the board or council and the form of vote to delay the meeting. Districts are advised to post their annual meeting warrants and have the moderator recess and delay the meeting if necessary. B. Develop a Monthly Expenditure Plan Section 5 requires that the selectboard, town council or board of commissioners approve an expenditure plan for the month of July for submission to the director that provides sufficient expenditure authority necessary to achieve uninterrupted government operations and prudent fiscal restraint. The plan development and approval process will continue for each successive month while the emergency continues and prevents the adoption of a budget by the town or district meeting. The monthly expenditure plan should include: • an expenditure estimate for operations in the general fund and enterprise fund (estimates should consider that a reduction in estimated revenues may be required during the FY2021 tax rate setting process); • amounts sufficient to cover regional school district, pension or other similar assessments; and • debt service payments. The monthly budget plan should not include: • any activities which you have reason to believe will not be supported by the relevant appropriations (once adopted); • increases in salaries called for in collective bargaining agreements that have not previously been approved by the legislative body; • appropriations such as reserved premiums, overlay surplus, free cash, stabilization or other similar funds balances; • capital or other items that ordinarily require special purpose appropriation by town or district meeting; and 3 • estimated FY2020 COVID-19 emergency expenditure deficits or other emergency expenditure deficits given authorization by the director under G.L. c. 44, § 31. FY2020 encumbrances, borrowing proceeds, gifts, grants, final judgments of courts or other adjudicatory agencies and other similar expenditures that do not require town or special purpose district appropriation for expenditure may be spent as usual without the director’s authority. Questions as to specific expenditures which can or cannot be added to the plan may be sent to the director for a decision. C. Approve the Monthly Expenditure Plan The monthly expenditure plan must be approved by the selectboard, town council or board of commissioners by majority vote pursuant to the open meeting law, as revised per Governor Baker’s Executive Order on March 12, 2020. The vote need only indicate that the board or council approves the plan being submitted. The clerk of each board or council must certify that a vote to approve the plan was properly taken. D. Submit the M onthly Request for Deficit Expenditure Authority Towns and districts are required to complete and submit in Gateway for each month the Deficit Expenditure Approval form found in the “Misc Forms” Module along with these additional requirements: • the uploaded monthly expenditure plan approved by the selectboard, town council or board of commissioners; • completion of the summary of expenditures section of the form ; • an uploaded Clerk’s certificate of vote stating the submitted plan was approved by the selectboard, town council or board of commissioners, the date and time of the meeting and vote results; and • the Clerk’s electronic signature. Spending is not allowed beginning July 1 without a FY2021 budget approved by the town or district meeting or approval of monthly deficit spending by the director under this Bulletin. If it is possible that a scheduled town or district meeting may not be held by June 30, we strongly encourage that a monthly expenditure plan under this Bulletin be submitted as soon as possible to ensure spending authorization starting July 1. II. Director’s Approval Section 5 authorizes the director to allow deficit expenditures for continued operations beginning July 1, 2020 of not less than 1/12th of the town’s or district’s FY2020 budget. For non-tax rate setting special purpose districts, the director will rely on FY2020 budget information received from the district’s board of commissioners. 4 The director will approve monthly expenditures for July if the submittal is in compliance with section 5 and the instructions contained in this Bulletin. If the emergency continues to prevent budget adoption by a town or special purpose district meeting, the process described above will continue as long as necessary. III. Accounting for Approved Expenditures Once the town or special purpose district receives expenditure approval by the director, local officials must use best practices to manage spending so as not to exceed the director’s expenditure allowance. When the annual budget is approved by the town or district meeting, the director’s expenditure approval terminates and spending authority for the town or district is then pursuant to its adopted budget. All expenditures made under the director’s approval must be fully raised or otherwise funded on the FY2021 Tax Rate Recap. FY21 1/12th Operating Budgets July August September General Fund General Government 274,762 168,512 168,512 Public Safety 579,744 461,744 461,744 Education 4,740,620 800,878 800,878 Public Works 222,312 139,312 139,312 Human Services 116,996 60,996 60,996 Culture & Recreation 187,078 63,128 63,128 Debt 190,686 190,686 190,686 Local Assessments 15,840 -- Employee Benefits 2,005,570 189,875 189,875 Utilities 34,764 34,764 34,764 Liability Insurance 445,000 -- Total General Fund 8,813,371 2,109,894 2,109,894 Golf Fund Operating Expenses & Salaries/Wages 524,662 134,562 134,562 Debt 70,212 70,212 70,212 Employee Benefits 269,360 28,807 28,807 Utilities 25,833 833 833 Liability Insurance 91,080 -- Total Golf Fund 981,147 234,414 234,414 Water Fund Operating Expenses & Salaries/Wages 115,145 100,145 100,145 Debt 60,827 60,827 60,827 Employee Benefits 208,727 18,734 18,734 Utilities 14,000 14,000 14,000 Liability Insurance 63,653 83 83 Total Water Fund 462,352 193,789 193,789 Community Preservation Fund Administrative Expenses & Wages 7,875 7,875 7,875 Debt 272,000 -- Total CPA Fund 279,875 7,875 7,875 Total Municipal Expenditures 5,796,125 1,745,094 1,745,094 Total School Expenditures 4,740,620 800,878 800,878 GRAND TOTAL 10,536,745 2,545,972 2,545,972 Amounts to be voted by the Brewster SB per Chapter 53 s5 of the Acts of 2020: Deficit Spending Approval *school expenditures include assessments for NRSD & CCT Total 611,785 1,503,233 6,342,376 500,935 238,988 313,333 572,057 15,840 2,385,320 104,293 445,000 13,033,160 793,786 210,635 326,973 27,500 91,080 1,449,974 315,435 182,480 246,195 42,000 63,820 849,930 23,625 272,000 295,625 9,286,313 6,342,376 15,628,689 Amounts to be voted by the Brewster SB per Chapter 53 s5 of the Acts of 2020: Deficit Spending Approval Account Name Amount needed on 7/1/20 Fund 01 General Fund Town Administraton Seasonal Wages 19,500.00 Town Administraton Dues & Memberships 5,000.00 County Tax - Greenhead Fly 1,750.00 IT Contracted Services 80,000.00 Sick Leave Incentive 13,500.00 Retirement Assessment - Town 1,802,195.00 Liability & Property Insurance 445,000.00 Fire Department Education Stipends 11,000.00 Fire Department OT 100,000.00 Natural Resources- Shellfish Expenses 7,000.00 Nauset Regional School District Assessment 3,000,000.00 Cape Cod Tech Regional HS Assessment 578,000.00 Retirement Assessment - School 361,742.00 Highway Department OT 13,000.00 Highway Department Solid Waste 70,000.00 Veterans Assessment 31,000.00 Veterans Benefits 25,000.00 Library - CLAMS Annual Membership 20,000.00 Recreation Dept. Seasonal Wages 63,000.00 Chamber of Commerce- Local Business Funding 27,000.00 Town Band 3,500.00 OKH Historic District Assessment 10,450.00 Pleasant Bay Assessment 15,840.00 Total 6,703,477.00 Fund 26 Golf Part Time Maintenance- Wages 95,000.00 Part Time Administration - Wages 90,000.00 Overtime 25,000.00 Electricity - Clubhouse 15,000.00 Electricity - Irrigation 10,000.00 Maintenance Supplies 6,000.00 Range Supplies 5,000.00 Custodial Supplies 7,500.00 Fertilizer 35,000.00 Lime 20,000.00 Cart Lease 80,000.00 Credit Card Expense 25,000.00 Dues & Subscriptions- Administration 1,600.00 Workers Compensation 16,000.00 General Liability Insurance 75,080.00 Retirement Assessment 240,553.00 Total 746,733.00 Fund 28 Water Chemicals 15,000.00 Workers Compensation 34,055.00 General Liability Insurance 29,515.00 Retirement Assessment 189,993.00 Total 268,563.00 Fund 15 CPA CPA Debt - Principal 220,000.00 CPA Debt - Interest 52,000.00 272,000.00 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Town Counsel Reappointment DATE: June 12, 2020 KP Law, P.C. has served as town counsel for the past 4 years and have done an excellent job in this role. Their current contract is set to expire later this month. Their proposed fee schedule for the next 3 years is as follows: FY21 - $220/hr (attorney) & $110/hr (paralegals), with a $180k annual cap FY22 - $230 / $115, with a $190k annual cap FY23 - $240 / $120, with a $200k annual cap Actual expenditures for the term of their current contract are as follows: FY18 - $89,258 FY19 - $85,474 FY20 (through 1st 9 months) - $61,139 All other terms and conditions of their current contract with the Town will remain in place. Legal services are exempt from MGL Ch 30B. I would strongly recommend that the Board reappoint KP Law as town counsel for another 3 year term and authorize me to execute an agreement with them consistent with the above referenced terms. Office of: Select Board Town Administrator Chapter 92 of the Acts of 2020: An Act Relative to Municipal Governance During the COVID-19 Emergency Municipal Election Extensions; Sections 1 through 5, and sections 15 and 16: These sections amend chapter 45 of the acts of 2020 to extend the dates of for municipal elections and also eliminates the caucus requirement for town elections. • Effect of changes is to allow a city or town with a municipal caucus or annual or special municipal election scheduled between March 23rd and July 31st, 2020 to postpone up until August 1st, 2020. • Allows a town by vote of the select board, town council or board of registrars to eliminate a municipal caucus that is scheduled to occur between March 23, 2020 and July 31, 2020 and to allow nomination papers signed by at least 10 registered voters of the town and requires that nomination papers be returned between 36 and 32 days prior to the town election. District Essential Services; Section 6 : This section amends section 11 of chapter 53 of the acts of 2020 to add “districts” to the list of local entities that may not shut off essential services for non-payment of taxes or fees as a result of COVID -19. The existing section only specifies cities and towns. Reduced Quorum Requirement for Town Meeting; Section 7: This section would allow for a reduced quorum requirement of not less than 10% of the existing quorum for town meetings and requires that notice of this change be made at least 7 days prior to the vote of the select board. Remote Representative Town Meetings; Section 8 and 17: This section sets forth a process for remote town meetings to be conducted for representative town meetings through means of video or telephone conferencing platforms. Geographic Limits for Town Meeting; Section 9: This section would allow town meeting to be held outside of geographic limits of the town upon a vote of the select board and with the approval of the town moderator. FY21 Suspension of Municipal Revenue Dedication ; Appropriation from Stabilization Funds; Section 10: This section allows cities and towns to suspend the dedication of revenue (such as local option meal tax) to a stabilization fund(s) for FY2021. Also allows a selectboard or town council by 2/3 vote to appropriate from any 40:5B stabilization fund or any special fund created by special law for any purpose without legislative body approval during FY2021. City Budget Extension; Sections 11 and 18: This section would give mayors in cities additional time before they must submit their budget to the city council for approval to due to COVID-19. Contract Services; Sections 12 and 13: These sections would allow cities, towns and regional school districts to make payment for education-related contracted services such as transportation, custodial, food services as well as payments to education collaboratives, non -residential vocational enrollments, and inter-district tuition agreements when the COVID -19 state of emergency prevents the services from being actually rendered as a result of the state of emergency. Emergency Educator Licenses; Section 14: This section establishes an emergency educator license process by which the Commissioner of Elementary and Secondary Education may issue emergency educator licenses to individuals who apply for a period of up to 180 days after the termination of the state of emergency. An emergency educator license shall be valid through June 30, 2021 or a different time specified by the commissioner, unless the license has been suspended or revoked by the Commissioner. The Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Charles D. Baker GOVERNOR Karyn E. Polito LIEUTENANT GOVERNOR Kathleen A. Theoharides SECRETARY Tel: (617) 626-1000 Fax: (617) 626-1081 http://www.mass.gov/eea Memorandum From: Executive Office of Energy and Environmental Affairs Date: June 4, 2020 Subject: Safety Standards for Playgrounds, Spray Decks and Outdoor Fitness Areas – Phase II The Executive Office of Energy and Environmental Affairs (EEA) is providing guidance for the operation of all playgrounds and spray decks in parks, reservations and open space in Phase II of the Commonwealth’s Reopening. Until the start of Phase II, these facilities must remain closed to the public, but operators are allowed to prepare their respective facilities and train staff to achieve compliance with the guidance below. This guidance shall apply until amended or rescinded. All visitors to playgrounds, spray decks and outdoor fitness areas (including associated seating or picnic areas), and managers associated with properties or activities herein, should abide by the specific guidelines outlined. Property-specific guidelines should be posted at entrance points to areas and on relevant social media/websites. This guidance applies until amended or rescinded. Any questions regarding this guidance can be sent to outdoor.recreation@mass.gov General Face Coverings and Masks: All visitors to playgrounds, spray decks and outdoor fitness areas must comply with COVID-19 Order 31: Order Requiring Face Coverings in Public Places Where Social Distancing is Not Possible. Face coverings or masks must be worn when individuals cannot maintain 6 feet of distance between themselves and others. Facial masks or coverings should not be worn while in the water of a spray deck (goggles and snorkels may be worn). Social Distancing and Hygiene Persons using playgrounds, spray decks and outdoor fitness areas must maintain 6 feet from all other persons. Playground, spray deck and outdoor fitness area operators should post signage encouraging distancing and use of face coverings. Parents, guardians and other adults supervising children should monitor children at all times to ensure children maintain proper distancing and adhere to requirements for face coverings. Where possible, playground and outdoor fitness area operators or staff (if available) are encouraged to limit capacity to allow for social distancing. If the facility is unstaffed, parents and guardians will be required to seek alternative facilities if the playground or spray deck is crowded such that social distancing cannot be maintained. Children and adults who feel sick or are recovering from an illness may not visit the playground, spray deck or outdoor fitness area. Users shall abide by social distancing standards for bathroom lines and follow any established visual guidelines for maintaining a 6 feet distance in all restroom facilities Restroom facilities, if available, should contain hand washing and/or sanitizer stations, and the public should use these stations before and after the use of the facilities. After visiting public spaces, users should use wash their hands or use hand sanitizer. Playground and outdoor fitness area managers are encouraged, if feasible, to modify play structures to encourage social distancing (such as removing swings or moving seating). General Sanitation Playground, spray deck and outdoor fitness area operators should familiarize themselves with guidance from the Centers for Disease Control guidance on cleaning your facility. In accordance with CDC guidance, outdoor areas, like playgrounds and outdoor fitness areas, generally require normal routine cleaning, but do not require disinfection. Cleaning: o High touch surfaces made of plastic or metal, including grab bars and railings, tables and benches, should be frequently cleaned o Cleaning and disinfection of wooden surfaces or groundcovers (mulch, sand) is not recommended. Consult with the company or engineer that designed the spray deck to decide which List N disinfectants approved by the U.S. Environmental Protection Agency external icon (EPA) are best for your spray deck venue. Ensure safe and correct use and storage of cleaners and disinfectants and store them securely away from children. All handwash sinks shall be fully stocked with soap and paper towels. Alcohol-based hand sanitizer with at least 60 percent alcohol shall be available to any staff. Close playground, spray decks and outdoor fitness area facilities used by a sick person and wait 24 hours before cleaning and disinfecting these facilities. Restrooms & Trash Disposal Consult the EEA May 18, 2020 Outdoor Recreation Facility Restroom Cleaning Best Practices Memorandum which details the standards and processes for the cleaning and disinfecting of certain outdoor recreation facility restrooms. In advance of the initial opening of public restrooms, the managing entity must adhere to the Centers for Disease Control and Prevention (CDC) guidelines pertaining to the cleaning and disinfection standards of operating procedures for interior spaces and that social distancing can be maintained. Furthermore, the managing entity must have the facilities cleaned at least once daily and perform deep cleaning and disinfection services at least once per week. Visitors of playgrounds, spray decks and outdoor fitness areas should expect limited or no trash disposal receptacles. When visiting public properties without trash receptacles, visitors should adhere to a strict “carry in, carry out” policy and take waste with them. Where trash receptacles are available for normal use, facility managers shall where feasible, provide no touch, lidless trashcans. Monday, May 18, 2020 at 5:35:14 PM Eastern Daylight Time Page 1 of 2 Subject:[allregions] Governor Baker's Reopening Plan Date:Monday, May 18, 2020 at 3:28:52 PM Eastern Daylight Time From:allregions-request@mblc.state.ma.us on behalf of Favini, Robert (BLC) To:pubdir-announce@mblc.state.ma.us, allregions@mblc.state.ma.us, trustees- announce@mblc.state.ma.us Please excuse cross posTng. Good aUernoon, Earlier today Governor Baker released the much anTcipated comprehensive plan to safely reopen the MassachuseVs economy, get people back to work, and ease social restricTons while minimizing the health impacts of COVID-19. Full informaTon on this release can be found here: hVps://www.mass.gov/info- details/reopening-massachuseVs The Governor’s plan sets specific standards and requirements that must be met by all businesses and organizaTons, including libraries, before any opening can occur. The first phase allows libraries and businesses who meet standards and requirements to consider opening on May 25th with heavily restricted services and reduced staffing. The Governor anTcipates that Phase 1 will last a minimum of three weeks and could last longer before moving to the next phase. We look at the May 25th opening date as guidance and not a requirement. Not all libraries will be ready to open due to limited staffing and budgets. Each library in consultaTon with their municipality will decide when they are ready to open, and at what level of service. For example the Governor’s plan menTons curbside delivery. We know that not all libraries will be able to deliver curbside services during Phase 1, and that is OK. Remember, all opening and service decisions must be made with staff safety as the number one priority. Libraries are specifically menToned in the lisTng of businesses by industry with the following guidance: Libraries Phase 1 – May 25 for curbside pickup and delivery only Phase 2 – browsing inside the Library with restricTons For phase 1, library buildings will not be open for public use. Therefore libraries should meet the following opening standards and requirements set for offices before opening. • Full safety standards: hVps://www.mass.gov/doc/sector-specific-workplace-safety-standards-for- office-spaces-to-address-covid-19/download • Summary of standards: hVps://www.mass.gov/doc/office-spaces-protocol-summary/download • Safety checklist: hVps://www.mass.gov/doc/office-spaces-checklist/download Page 2 of 2 Please monitor Mass.gov for changes and addiTons to the state’s opening guidance and requirements and for dates of future phase roll outs. Lt. Governor Polito emphasized that this plan will be changing and evolving along with COVID-19 data. The MBLC and MLS have been working hard to complete library specific guidance and resources. With today’s announcement we are finalizing our Phase 1 guidance. By mid-week we will be releasing a package that will include a 4 Phase road map, detailed Phase 1 guidance with resources, sample policies and a planning template. On behalf of my planning partners (Maura Deedy – MBLC, Terry McQuown – MLS, and Sarah Sogigian – MLS) we wish you the best of luck and conTnued health as we enter a new phase in our collecTve pandemic response. Stay well and be safe out there! Rob Rob Favini Head of Library Advisory and Development MassachuseVs Board of Library Commissioners 98 North Washington Street, Suite 401 Boston, MA 02114-1933 PH: 617.725.1860 x237 allregions@mblc.state.ma.us is a statewide discussion list for MassachuseVs libraries To adverTse or request free items, please use freebies@mblc.state.ma.us. To Unsubscribe: mailto:sympa@mblc.state.ma.us&subject=UNSUBSCRIBE%20allregions Digest Mode: To receive a twice-weekly digest of allregions mail: mailto:sympa@mblc.state.ma.us?subject=set%20allregions%20digest Reopening Massachusetts Libraries: Guidelines and Recommendations for Resuming Full Services last updated: Thursday, May 21, 2020 Page 1 Reopening Massachusetts Libraries: Guidelines and Recommendations for Resuming Full Services Introduction and Purpose: The Massachusetts Board of Library Commissioners (MBLC) and the Massachusetts Library System (MLS), in partnership with our automated networks, hosted a series of information gathering sessions with members. The results of the sessions brought up several of the most critical concerns our libraries face when considering the re-opening of their physical spaces. Among them: safety for staff and patrons, materials handling, budget reductions, staff level reductions, and managing expectations On May 11, Governor Baker, Lieutenant Governor Polito, and the Reopening Advisory Board released the Four-Phase Approach to Reopening Massachusetts and Mandatory Safety Standards for Workplaces. On May 18, the phased reopening plan was released, and this timeline included libraries. We have developed the following phasing for Massachusetts Libraries to follow as they resume their services, and aligned them with the Reopening Massachusetts Phases. Reopening Massachusetts Libraries Reopening Massachusetts Library Phase 1, Part 1: Planning to resume in person service MA Govt. Phase 1: Start: Limited industries resume operations with severe restrictions. Library Phase 1, Part 2: Initiate services that emphasize limited in-person contact MA Govt. Phase 1: Start: Limited industries resume operations with severe restrictions. Phase 1 – May 25 for curbside pickup and delivery only Library Phase 2: Soft openings and limited services MA Govt. Phase 2 Cautious: Additional industries resume operations with restrictions and capacity limits Phase 2 – browsing inside the Library with restrictions Library Phase 3: Expanded service and adaptation to the current health climate MA Govt. Phase 3 Vigilant: Additional industries resume operations with guidance. Library Phase 4: Near full resuming of services MA Govt. Phase 4 New Normal: Development of vaccine and/or therapy enables resumption of “new normal.” The recommendations should not be interpreted as legal advice, nor should they supersede any orders or directives by local, state or federal agencies. Please consult an attorney or municipal counsel for guidance on protecting library patron confidentiality when asked for contract tracing information. Reopening Massachusetts Libraries: Guidelines and Recommendations for Resuming Full Services last updated: Thursday, May 21, 2020 Page 2 Library workers and staff are required to protect patron confidentiality in accordance with the law (MGL Ch.78 Sec.7). Libraries are not required to open to the public on May 25th. This is the date when limited service resumption is permitted, providing libraries are able to follow Mandatory Workplace Safety Standards and Sector specific safety protocols and best practices. Not all libraries will be ready to open due to limited staffing and budgets. Each library, in consultation with their municipality, will decide when they are ready to open and at what level of service. Libraries must be able to self-certify compliance of mandatory standards before they open. Reopening Massachusetts Libraries Phases Aligning with Governor Baker’s Four Phases for Reopening Massachusetts, we conceived of four phases for the resumption of in-person library services. Libraries may begin curbside pickup or delivery services on May 25. In an effort to deliver guidelines in a timely manner, Library Phase 1, Part 1 and Library Phase 1, Part 2 are addressed in detail here. Library Phase 1, Part 1 and Library Phase 1, Part 2 are aligned with the Reopening Massachusetts Phase 1 . Subsequent phases will be released in more detail in future iterations. We have developed a Plan and Policy Template that libraries may use and adapt to create their own plans, which is a separate document. Library Phase 1, Part 1: Planning to resume in person service MA Govt. Phase 1: Start: Limited industries resume operations with severe restrictions. This phase is the first many libraries will undertake, and many are currently in this phase. It is mandatory to follow the work place safety standards to keep staff and patrons safe when you open your building. During this time, the library will be open only to staff. Staff may return to the building to work on tasks like rearranging meeting rooms and spaces for quarantining items, rearranging furniture and computers in staff and public areas, processing inventory and deliveries. This may include installing acrylic/plexiglass barriers, and additional signage around the library. One of the most important things to consider when getting ready to resume in person services is the disinfecting of your physical space. ● Who will provide a deep clean prior to opening? How will cleaning be done throughout the day, as staff come in contact with equipment, furniture, doors, bathrooms? ● Can you purchase cleaning and safety supplies, including disinfectant sprays and wipes, paper towels, disposable gloves, and masks? Materials handling will also be an important consideration. Quarantining materials is the safest way to ensure materials are not infected, and this requires finding space and developing a protocol and process to ensure that materials entering the building go untouched for the set amount of time. Additional tasks to consider: Reopening Massachusetts Libraries: Guidelines and Recommendations for Resuming Full Services last updated: Thursday, May 21, 2020 Page 3 ● Create a pandemic policy and process. These guidelines contain a sample umbrella policy that touches on various other policies. Samples can be found on the MLS’ website. ● In conjunction with your local board of health, plan appropriate staff and patron safety measures (wearing masks and gloves), limited access to the building (one door in and one door out), acrylic/plexiglass barriers for service desks, and ways to manage the number of people in the building at one time. Creating more space around service desks (extending the footprint to six feet away from staff), creating one way pathways, taping six foot intervals on the floor leading to service points. Are you able to designate entry and exit only doors, and remain ADA complainant? ● Consider opening hours for available services, as well as limiting shifts, number of staff in the building at once, and specific hours for vulnerable patrons. This may be a time to develop teams of staff to work on specific days. Staff members who are able to continue teleworking to ensure enhanced virtual services are continued. ● Consider weighing local guidance with what area communities are doing. Coordinating service roll-outs with neighboring towns will minimize the possibility of a single town being overwhelmed with resident and nonresident patrons. Be aware of State Aid requirements that public libraries must “be open to all residents of the commonwealth” (MGL Ch. 78, Sec. 19B). ● Use this time to work through curbside pickup or delivery services workflows to ensure staff and patron safety are maintained. Create a detailed work plan and consult with your network for assistance in changing any parameters. ● Consider waiving library fines for the foreseeable future or establish more relaxed policies about fine limits to ensure access to materials. ● Considering extending borrowing limits (number of items checked out at one time) and/or due dates. ● Test equipment to ensure everything is in working order. Library Phase 1, Part 2: Initiate services that emphasize limited in-person contact MA Govt. Phase 1: Start: Limited industries resume operations with severe restrictions. Phase 1 – May 25 for curbside pickup and delivery only During this phase, libraries may start to offer curbside pickup and delivery services, beginning on May 25. This is not required, but a date when libraries are allowed to offer these services. When thinking about how to provide these services, we recommend that libraries take the following considerations into account. Staffing: In order to provide curbside services, libraries will need to ensure that they have sufficient staff to provide these services, that their staff is well-informed about the services, and that they can keep staff safe before, during and after the services. Things to consider include: ● What days and times will you offer curbside pickup and delivery services? ● How many staff, of which classifications, will you need to provide these services? Staff may be needed for: Reopening Massachusetts Libraries: Guidelines and Recommendations for Resuming Full Services last updated: Thursday, May 21, 2020 Page 4 ○ Pulling requested materials ○ Preparing and staging requested materials ○ Checking out requested materials ● Have you created your process for curbside pickup and delivery? ● Has your staff been trained on your process for curbside pickup and delivery? ● Do you have adequate PPE for staff to provide the services? ● Do you have adequate equipment (e.g., book carts, tables, bins) and supplies (e.g., bags to pack materials) to provide the services? ● Do you have adequate space for staff to stage materials requested by patrons? Requests: To take advantage of curbside pickup and delivery services, patrons will need to know that these services exist and how to successfully use them. Things to consider include: ● How will you let patrons know that these services are available? ● How will patrons request materials? Possibilities include: ○ Calling the library ○ Texting the library ○ Emailing the library ○ Using an online form ○ Using the library catalog ● Are there dedicated times during which patrons can request materials? ● Are there any limitations on the type of materials that patrons may request? ● Are there any limitations on the number of materials that patrons may request? ● How will patrons know how to place a hold on materials and any limits on availability? Arrival: After patrons have requested library materials, they will need to be notified how, when, and where the materials will be made available to them. Libraries should let patrons know in advance, if possible, what to expect when they arrive at the library. Things to consider include: ● How will patrons know their materials are ready? ● Will you require an appointment for patrons to pickup materials? ○ Will the library call/text/email patrons with a date/time for pickup? ○ Will patrons be able to select their desired date/time for pickup? ○ What happens if patrons do not show up for their appointment? ● Will patrons be able to pickup materials without an appointment? ○ If appointments are not required, what will you do if many patrons arrive at the same time or just before closing? ● Will you have a designated space for patrons to park when they arrive at the library? ● Will you have a designated phone number patrons should call when they arrive? ● Will you have signs in the parking lot telling patrons what number to call? ● What information should patrons provide when they arrive? Possibilities include: ○ Make, model, color of their vehicle Reopening Massachusetts Libraries: Guidelines and Recommendations for Resuming Full Services last updated: Thursday, May 21, 2020 Page 5 ○ Library card number ○ Name on the library account ○ Parking lot space number ● Will curbside pickup and delivery services be available under all weather conditions? ○ What protection will materials need during inclement weather? ○ What protection will staff need during inclement weather? ● How will you let patrons know if their pickup or delivery needs to be rescheduled? Check-Out: Once patrons arrive to pickup materials, libraries will need a process to ensure that the right materials get to the right patrons at the right time. In addition, libraries will need to ensure that the check-out transaction is completed in a manner that is safe for both staff and patrons, and that complies with social distancing guidelines and upholds patron confidentiality. Libraries should let patrons know, in advance, if possible, what to expect during check-out. Things to consider include: ● Where will materials be stored while they are waiting to be checked-out? ● How will you distinguish one patron’s materials from another patron’s materials? ● What equipment will you use to move materials to the curbside location? ● How will you maintain social distancing during check-out? ○ Will you post signs to explain how the check-out process will work? ○ Will you post signs and/or put down tape to show patrons where to stand or wait? ○ What will you do if patrons refuse to comply with social distancing guidelines? ● What will patrons need to check out the materials? ○ Will materials be checked out before the patron arrives? ○ Will you need to scan their library cards? ○ If so, can you do it without having to hand the cards back-and-forth? ○ How will you let patrons know what they need to check out materials? ● How will materials be given to patrons? ○ Can you minimize or avoid the physical handing off items to patrons? ○ Will materials be left on a table, book cart, or bin for patrons to pick up? ○ Will materials be placed in a plastic/paper bag prior to patrons’ arrival? ○ Can patrons check out materials themselves? ● What if patrons are unable to check-out due to fines? ○ Will you waive fines? ○ Will you take money to clear the fines during check-out? Returns: Patrons may want to return items while they are checking out new materials. Libraries will need to decide how, when, and/or whether they will accept returns during the check-out transaction. Libraries should let patrons know in advance, if possible, whether they will be allowed to return materials during the check-out process. Things to consider include: ● Will patrons be allowed to return materials when they are checking out materials? ● How will you let patrons know when and where to return materials? Reopening Massachusetts Libraries: Guidelines and Recommendations for Resuming Full Services last updated: Thursday, May 21, 2020 Page 6 ● Can patrons be asked to return materials to a book drop or other place that does not require the physical handing off of materials? ● Will you be able to keep returns separate from materials ready for pickup? ● Do you have adequate space to receive and quarantine returned materials? ● Will you discourage or disallow donations at this time? These considerations for curbside pickup and delivery services have been adapted from the RAILS Guidelines for Libraries Considering Curbside Service and the Vermont Department of Libraries’ Curbside and Book Delivery Service Guidelines. Samples of libraries providing curbside services are available on the MLS website. We will be delivering forthcoming guidance on subsequent phases for limited browsing in the library and beyond. Reopening Massachusetts Libraries: Guidelines and Recommendations for Resuming Full Services last updated: Thursday, May 21, 2020 Page 7 Global Recommendations and Best Practices While services and offerings will vary from library to library, it is recommended that libraries approach reopening in a phased process, being aware of community transmission rates following state directives and, working closely with the municipality leadership and the local board of health. Advancement to additional phases will be triggered with guidance from Governor Baker. Until there is an effective treatment, vaccine, or herd immunity level is met, transmission is possible. The following recommendations and best practices are protocols to implement to minimize the transmission as much as possible. All libraries are required to adhere to the Mandatory Safety Protocols. Minimizing transmission is a critical goal, and the primary methods in order of importance: 1. Human interactions are minimized and at safe distances among public, staff, and vendors including wearing personal protective equipment (PPE); 2. Common areas for public, staff, and vendors are cleaned and disinfected with enhanced environmental cleaning; and 3. Materials handling is performed safely. Social Distancing All persons, including employees, patrons, and vendors should remain at least six feet apart to the greatest extent possible, both inside and outside libraries. Face masks are required for all employees and patrons, except for those exempt per COVID-19 Order No. 31on May 6, 2020. Work stations may need to be reconfigured or moved in order to accommodate staff working at the same time. Supplies On May 11, Mandatory Safety Standards for Workplaces was released, which details what supplies are needed for hygiene, cleaning and disinfecting. These were released by the Department of Public Health (DPH) and the COVID-19 Command Center in consultation with the Reopening Advisory Board. In addition to the requirements, suppliers are listed to help in the procurement of supplies. Questions to consider: ● Is the library or municipality able to ensure proper PPE for library staff, such as face masks, gloves, disinfecting materials for surfaces, hand sanitizer, hand soap, towels and water and that access to these materials will be available for the duration of the COVID-19 pandemic and mandatory orders for wearing them in public? ● Is there training for staff on the proper implementation of PPE, including the wearing and removal of masks and gloves and proper disposal. Collections and Circulation Planning the lending workflow with policies and protocols for safety is more important than whether the quarantine is one day or one week. One of the largest areas of concern is about the transmission of COVID-19 on the surface of books and other library materials, including DVDs, magazines, computer surfaces, touch screens, and other high touch surfaces. Reopening Massachusetts Libraries: Guidelines and Recommendations for Resuming Full Services last updated: Thursday, May 21, 2020 Page 8 There is no clear definitive answer to how long materials need to be safely quarantined. The most cost effective and efficient tool is time. At this time, MBLC and MLS recommend quarantining books for a period of at least three days, according to the recommendations by Northeast Document Conservation Center (Source). This recommendation may be updated following the results of the IMLS, OCLC and Battelle research partnership, of which the first round of results are expected in June 2020. (Source and Source) Staff should have as little contact as possible with the materials before the quarantine period has passed. At this time, we do not recommend sanitizing UV lights. Be aware that the terms “sanitize” and “disinfect” have specific meanings. Products that “sanitize” kill bacteria but not viruses. Only “disinfecting” products kill viruses. A forthcoming Collections FAQ will contain detailed information. Questions to consider: ● Are you able to use meeting rooms or other enclosed spaces to quarantine materials? ● In smaller libraries with no meeting rooms, you may consider using blocked off tables or shelving to store quarantined materials. ● Before you start accepting returns, are you able to develop procedures for how staff will empty book drops, how frequently they will empty book drops, where materials will go, how they will be processed, who will be responsible for cleaning the book carts or book drops, and how often? Some communities are working with their schools or Public Works Department to quarantine materials off site if space is limited in the library. Communications Internal communication plans are critical. Resuming in-person library services will require meetings with staff, conversations about protocols, training, and more. Staff buy-in and participation in decision- making is paramount to ensure that everyone has a clear understanding of the expectations and how to execute their work tasks. Communication with neighboring communities is recommended to attempt to coordinate similar services levels as well as stagger hours. Service changes require a well thought out communication strategy to ensure the public is aware of the changes and why. Clear communication will go a long way to manage public expectations. Consider the use of various media sources to announce any phased services. This includes updating the library website with an FAQ or other clear guidelines. Staffing Efforts should be made to allow staff, who are able to, to continue teleworking, and to continue to deliver virtual programs and services during periods of limited in-person services. Policies should be developed in accordance with union contracts and municipal requirements that allow for flexibility, while still meeting the needs of the library. Reopening Massachusetts Libraries Roadmap last updated: Thursday, May 21, 2020 Page 1 Reopening Massachusetts Libraries Roadmap The following road map should be used as a guide to understand possible levels of service and resources needed to assist libraries as they plan the resumption of full, physical library services. Due to the variety of library sizes, types, population served and municipal structure there are no timelines set for each phase described below. COVID-19 case loads, Massachusetts state recommendations and local municipal resources will inform timelines. In short, the virus has no schedule, the virus sets the timeline. All decisions relating to library staffing, service operation, a nd facility opening should be done in consultation and cooperation with local municipal officials and boards of health. Revisions will be made to this roadmap as necessary based on revisions and updates to the Massachusetts Reopening Advisory Commission report released on May 18, 2020, on significant changes in state reporting of COVID-19 cases, and on changing understanding of Coronavirus science and safety protocol as outlined by state and federal agencies. Phase Goal Operational Priorities Needed Resources Library Phase 1, Part 1: Planning to resume in person service MA Govt. Phase 1: Start: Limited industries resume operations with severe restrictions. Staff return and prepare facilities to support limited operations ● Clean building, disinfect surfaces ● Stock cleaning supplies and PPE (where available without taking supplies from health care and front-line responders) ● Install protective barriers and signage to encourage social distancing and protect staff ● Establish policies for operations in pandemics/post- pandemic environment that include: remote work, enforcing patron compliance with social distancing and face covering, room use, fine forgiveness, hours of operation during limited service phase ● Establish staff and patron safety protocols in compliance with local health board - this may include training ● Develop contingency plan if staff test positive for COVID- 19: alternative staff, cleaning of building ● Determine next phase’s limited opening hours, staffing, Cleaning/PPE supplies ● Disinfecting spray/wipes ● Masks/gloves Protective barriers and social distancing signage ● acrylic/plexiglass ● Durable tape to place on floor to direct patrons and staff ● Directional signage Policy creation ● Staff access to building ● Building occupancy for public (local BOH or Governor’s Commission) ● Patron social Reopening Massachusetts Libraries Roadmap last updated: Thursday, May 21, 2020 Page 2 and use of remote staffing ● Survey surrounding municipalities library opening plans to coordinate when possible ● Develop tailored service workflows to minimize contact for basic library operations that include: curbside service, book returns, book drop procedures, book check out, accepting other libraries’ materials, and identify areas of the building that will be closed to the public. ● Develop a library material quarantining plan that includes a location in the building. If quarantining will happen outside the building, designate where (other municipal building, community center, school) distancing/mask requirements ● Staff remote work ● Staff vacation/personal time use ● Curbside service If planning for remote quarantining designate facility location Library Phase 1, Part 2: Initiate services that emphasize limited in-person contact MA Govt. Phase 1: Start: Limited industries resume operations with severe restrictions. The Governor’s guidelines allow for curbside services beginning May 25th. Please note this is not a required service. It is an option open to libraries that are ready and have facilities that can support the service. ● Determine if curbside service is a possibility; if so create policy and workflow to support with guidance from local municipality and Board of Health ● Communicate the procedures and policies of curbside service to your community Policies adopted and enforced ● Curbside service Reopening Massachusetts Libraries Roadmap last updated: Thursday, May 21, 2020 Page 3 Phase Goal Operational Priorities Needed Resources Library Phase 2: Soft openings and limited services MA Govt. Phase 2 Cautious: Additional industries resume operations with restrictions and capacity limits The library building may be open to the public with limited access points, reduced hours, service and staff ● Establish initial hours of operation (in consultation with municipal Board of Health and or leadership) ● Define service offerings and promote them to the community ● Communicate with all staff to ensure all safety, building, service expectations, and HR policies are understood ● Establish staff schedule with as much flexibility built in as possible to accommodate added stress and work loads ● Post all safety, social distancing and COVID-19 related policies at all entrances ● In-person services may include, curbside service and delivery, in lobby pick up ● Institute regular staff meetings to gather feedback on how services are proceeding ● Regularly evaluate services; if something doesn’t work be prepared to change ● Require reporting staff to observe social distancing protocols that may include required mask use ● Instruct reporting staff to sanitize individual work stations at regular intervals ● Remote staff continue to support virtual services: remote reference, virtual programming, and discrete projects as assigned ● Develop contingency plan if staff test positive for COVID- 19: alternative staff, cleaning of building ● Continue materials handling policies making adjustments based on emerging science and recommendations from state and federal sources Cleaning/PPE supplies (replenish if needed) ● Disinfecting spray/wipes ● Masks/gloves Policies adopted and enforced ● Staff access to building ● Building occupancy for public (local BOH or Governor’s Commission) ● Patron social distancing/mask requirements ● Staff remote work ● Staff vacation/personal time use Workflows in place ● Curbside service ● Materials quarantining ● Cleaning/disinfecting of staff and public areas ● Mail/Package delivery handling ● Optima delivery handling Reopening Massachusetts Libraries Roadmap last updated: Thursday, May 21, 2020 Page 4 Phase Goal Operational Priorities Needed Resources Library Phase 3: Expanded service and adaptation to the current health climate MA Govt. Phase 3 Vigilant: Additional industries resume operations with guidance. Based on improving pandemic conditions as reported by Massachusetts State Government officials the library expands building access, allows more staff to return, and begins in person programing on a small scale ● Increase the number of hours of operation and rate of occupancy (in consultation with municipal board of health and/or leadership) ● Define service offerings and promote them to the community ● Increase staff in proportion to increased hours and additional service offerings with as much flexibility built in as possible to accommodate added stress and work loads ● The library begins to allow patrons access to the following services: ○ Requesting materials from the stacks at a service desk ○ Using public computers for scheduled limited amounts of time ○ In person library programs with 10 or fewer participants ● Continue materials handling policies making adjustments based on emerging science and recommendations from state and federal sources ● Institute regular staff meetings to gather feedback on how services are proceeding ● Regularly evaluate services; if something doesn’t work be prepared to change ● Develop contingency plan if staff test positive for COVID- 19: alternative staff, cleaning of building ● Based on emerging science and recommendations from state and federal sources make necessary adjustments to social distancing protocols, staff use of PPE, quarantining requirements, and permissible crowd-size rules Cleaning/PPE supplies (replenish if needed) ● Disinfecting spray/wipes ● Masks/gloves Institute staff and public area social distance floor plan Updated policies: ● Computer use policies ● Meeting room use ● Teen/Childrens room use ● In-person programming rules Reopening Massachusetts Libraries Roadmap last updated: Thursday, May 21, 2020 Page 5 Phase Goal Operational Priorities Needed Resources Library Phase 4: Near full resuming of services MA Govt. Phase 4 New Normal: Development of vaccine and/or therapy enables resumption of “new normal.” Based on improving pandemic conditions as reported by Massachusetts State Government officials the library expands to the new normal of full services ● Increase the number of hours of operation and rate of occupancy (in consultation with municipal board of health and/or leadership) to reflect the delivery of all library services ● Define service offerings and promote them to the community ● All remote staff return, any virtual services can be run from the library ● If some staff are allowed to continue to work remotely, make sure all service expectations, and HR policies are understood ● Open building to allow for browsing in stacks, meeting room use, in-person programming ● Implement Service contingency plan to prepare for recurrence of Coronavirus - be prepared to return to limited and/or remote services if needed ● Follow any remaining recommendations from state and federal sources, make necessary adjustments to social distancing protocols, staff use of PPE, quarantining requirements, and permissible crowd-size rules ● Continue materials handling policies making adjustments based on emerging science and recommendations from state and federal sources ● Work with staff and municipal leadership/Health Department/Public Safety to outline procedures to follow in case of a returning COVID-19 outbreak to ensure safety and continuity of library services Cleaning/PPE supplies (replenish if needed) ● Disinfecting spray/wipes ● Masks/gloves Implement library Continuity of Service Plan Page 1 Reopening Massachusetts Libraries Plan and Policy Template [ Note: This is a sample reopening plan and policy that can be modified to meet the needs of your library. This is based on MBLC/MLS Recommended phases for reopening. This is being offered to libraries to assist in the development of a plan that fits the local needs of the community. There is no one size fits all plan, so this document serves as a start for some communities. Additional phases may be added or activities modified. We hope the structure allows you to formulate the plan that is right for your library. The safety of staff is paramount above all else. The final document should be finalized with the Board of Trustees, Health Department and other municipal stakeholders as needed as well as consulting with the network. Some of the text mirrors the Reopening Massachusetts Libraries Roadmap in order to help library staff inform their approach. This sample plan was developed after consulting plans from Lynnfield, Reading, Lynn and Gloucester. Thank you for sharing your excellent plans. ] Introduction The Library has developed the following plan to resume in-person services for the residents of Town. These plans should be considered fluid as we follow recommendations from the government, Emergency Management Team, and specialists in the library field. This plan is presented as an overview, not as a procedural manual. We have determined several phases that will gradually increase service offerings given social distancing guidelines sizes. These phases allow us to increase services when appropriate, and also to take a step back if necessary. There are no time frames to these phases on purpose, because each phase will expand when it is safe to do so. The phases are as follows: Reopening Massachusetts Libraries Reopening Massachusetts Library Phase 1, Part 1: Planning to resume in person service MA Govt. Phase 1: Start: Limited industries resume operations with severe restrictions. Library Phase 1, Part 2: Initiate services that emphasize limited in-person contact MA Govt. Phase 1: Start: Limited industries resume operations with severe restrictions. Phase 1 – May 25 for curbside pickup and delivery only Library Phase 2: Soft openings and limited services MA Govt. Phase 2 Cautious:Additional industries resume operations with restrictions and capacity limits Phase 2 – browsing inside the Library with restrictions Library Phase 3: Expanded service and adaptation to the current health climate MA Govt. Phase 3 Vigilant: Additional industries resume operations with guidance. Page 2 Library Phase 4: Near full resuming of services MA Govt. Phase 4 New Normal: Development of vaccine and/or therapy enables resumption of “new normal.” This plan is not final, and will be updated as recommendations change. [ Note: Each phase in this plan follows the same pattern to allow you to add more phases if needed : ●Building access: Who is allowed access to the building, when and for how long. ●Operational Priorities: What activities will take place and by whom? ●Policy and Procedures: What changes or guidelines will need to be in place to start this phase? ●Questions to Resolve before next phase: this is an opportunity to work out challenges that your library may foresee . ] Library Phase 1, Part 1: Planning to resume in person service Building Access Staff resume working at the library, and continuing telework at home when needed. Access to town departments to assist in reopening plans. Deliveries will be accepted. No public access. Operational Priorities: ●Building cleaning, disinfecting surfaces ●Stocking cleaning supplies and PPE (where available without taking supplies from health care and front-line responders) ●Installation of protective barriers and signage to encourage social distancing and protect staff ●Establish policies for operations in pandemics/post-pandemic environment that include: remote work, enforcing patron compliance with social distancing and face covering, room use, fine forgiveness, hours of operation during limited service phase ●Establish staff and patron safety protocols in compliance with local health board - this may include training ●Determine next phase’s limited opening hours, staffing, and use of remote staffing ●Survey surrounding municipalities library opening plans to coordinate when possible ●Develop tailored service workflows to minimize contact for basic library operations that include: curbside service, book returns, book drop procedures, book check out, accepting other libraries’ materials, and identify areas of the building that will be closed to the public. ●Determine if quarantining of library materials is needed and if so where in the building will it happen. If quarantining will happen outside the building designate where (other municipal building, community center, school…). Determine if the library will accept returns in advance. ●Are additional staff laptops needed to reduce the sharing of workstations? Page 3 Policy and Procedures: ●What needs to be updated to reflect the new operations? ●What privacy policies need to be updated? How will curbside delivery protect intellectual freedom? Develop procedure for staff and the public (possible: Staff access to building, Building occupancy for public (local BOH or Governor’s Commission), Patron social distancing/mask requirements, Staff remote work, Staff vacation/personal time use Questions to Resolve before next phase: This establishes what needs to be resolved or in place before the next phase can be executed. For example, if Part 2 includes Curbside Services- those procedures, workflows, signage, marketing materials, support materials must be in place and rehearsed before advancing. How will the library handle donations? When will Trustees and Friends be allowed to access the building? How will MLS Delivery be handled? Will you offer self-service holds? Familiarize yourself with all relevant laws relating to workers, such as The Families First Coronavirus Response Act (FFCRA). Consult with counsel for questions about bathroom access, local or state orders for masks, employee discipline Consult with police about traffic patterns for curbside pickup. How to accommodate patrons who are experiencing barriers to library service due to ability, language, access to transportation, for example. Library Phase 1, Part 2: Initiate services that emphasize limited in-person contact Building Access Staff resume working at the library, and continuing telework at home when needed. (Increased hours, one person from each department?) Access to town departments to assist in reopening plans. Deliveries will be accepted. No public access. In-person services may include curbside pickup or home delivery of materials. Operational Priorities: Determine if curbside service is a possibility; if so create policy and workflow to support with guidance from local municipality and Board of Health Communicate the procedures and policies of curbside service to your community Establish initial hours of operation (in consultation with municipal Board of Health and or leadership) Define service offerings and promote them to the community Communicate with all staff to ensure all safety, building, service expectations, and HR policies are understood Establish staff schedule with as much flexibility built in as possible to accommodate added stress and work loads Post all safety, social distancing and COVID-19 related policies at all entrances Institute regular staff meetings to gather feedback on how services are proceeding Regularly evaluate services; if something doesn’t work be prepared to change Page 4 Staff observe social distancing protocols that include required mask use Staff responsible to sanitize individual work stations at regular intervals Remote staff continue to support virtual services: remote reference, virtual programming, and discrete projects as assigned Continue materials handling policies making adjustments based on emerging science and recommendations from state and federal sources Policy and Procedures: ●Curbside service, Materials quarantining, Cleaning/disinfecting of staff and public areas, Mail/Package delivery handling, Optima delivery handling Questions to Resolve before next phase: Library Phase 2: Soft openings and limited services Building Access Staff resume working at the library, and continuing telework at home when needed. (Increased hours, one person from each department?) Access to town departments to assist in reopening plans. Deliveries will be accepted. In lobby pick up of materials, and limited in person reference/reader advisory service inquiries. Limited browsing is permitted. Limited public access based on established occupancy limits. Public allowed to browse stacks. A few sitting spaces are allowed. Operational Priorities: ●Establish initial hours of operation (in consultation with municipal Board of Health and or leadership) ●Define service offerings and promote them to the community ●Communicate with all staff to ensure all safety, building, service expectations, and HR policies are understood ●Establish staff schedule with as much flexibility built in as possible to accommodate added stress and work loads ●Post all safety, social distancing and COVID-19 related policies at all entrances ●In-person services may include, curbside service and delivery, in lobby pick up ●Institute regular staff meetings to gather feedback on how services are proceeding ●Regularly evaluate services; if something doesn’t work be prepared to change ●Require reporting staff to observe social distancing protocols that may include required mask use ●Instruct reporting staff to sanitize individual work stations at regular intervals ●Remote staff continue to support virtual services: remote reference, virtual programming, and discrete projects as assigned Page 5 ●Develop contingency plan if staff test positive for COVID-19: alternative staff, cleaning of building ●Continue materials handling policies making adjustments based on emerging science and recommendations from state and federal sources Policy and Procedures: Computer use policies, Meeting room use, Teen/Children’s room use, In person programming rules Questions to Resolve before next phase: Library Phase 3: Expanded service and adaptation to the current health climate Building Access Staff resume working at the library and teleworking at home is possible. Expanded access based on established occupancy limits. More seating is returned. Operational Priorities: ●Increase the number of hours of operation and rate of occupancy (in consultation with municipal board of health and/or leadership) ●Define service offerings and promote them to the community ●Increase staff in proportion to increased hours and additional service offerings with as much flexibility built in as possible to accommodate added stress and work loads ●The library begins to allow patrons access to the following services: o Requesting materials from the stacks at a service desk o Using public computers for scheduled limited amounts of time o In person library programs with 10 or fewer participants ●Continue materials handling policies making adjustments based on emerging science and recommendations from state and federal sources ●Institute regular staff meetings to gather feedback on how services are proceeding ●Regularly evaluate services; if something doesn’t work be prepared to change ●Develop contingency plan if staff test positive for COVID-19: alternative staff, cleaning of building ●Based on emerging science and recommendations from state and federal sources make necessary adjustments to social distancing protocols, staff use of PPE, quarantining requirements, and permissible crowd-size rules Questions to Resolve before next phase: Library Phase 4: Near full resuming of services Page 6 Building Access: Staff report to library building. Building is open to the public. New normal of services resume, with number of hours of operation and rate of occupancy (in consultation with municipal board of health and/or leadership) Operational Priorities: ●Increase the number of hours of operation and rate of occupancy (in consultation with municipal board of health and/or leadership) to reflect the delivery of all library services ●Define service offerings and promote them to the community ●All remote staff return, any virtual services can be run from the library ●If some staff are allowed to continue to work remotely, make sure all service expectations, and HR policies are understood ●Open building to allow for browsing in stacks, meeting room use, in-person programming ●Implement Service contingency plan to prepare for recurrence of Coronavirus - be prepared to return to limited and/or remote services if needed ●Follow any remaining recommendations from state and federal sources, make necessary adjustments to social distancing protocols, staff use of PPE, quarantining requirements, and permissible crowd-size rules ●Continue materials handling policies making adjustments based on emerging science and recommendations from state and federal sources ●Work with staff and municipal leadership/Health Department/Public Safety to outline procedures to follow in case of a returning COVID-19 outbreak to ensure safety and continuity of library services Policies and Procedures: Page 7 Concurrent: Needed Supplies: Before the library can start Phase One with staff in the building, we must ensure that we are able to meet the Mandatory Safety Standards for Workplaces as directed by the Commonwealth of Massachusetts as released on 5/11/2020. Those are shared below. Social Distancing ●All persons, including employees, customers, and vendors should remain at least six feet apart to the greatest extent possible, both inside and outside workplaces ●Establish protocols to ensure that employees can practice adequate social distancing ●Provide signage for safe social distancing ●Require face coverings or masks for all employees Hygiene Protocols ●Provide hand washing capabilities throughout the workplace ●Ensure frequent hand washing by employees and adequate supplies to do so ●Provide regular sanitization of high touch areas, such as workstations, equipment, screens, doorknobs, restrooms throughout work site Staffing and Operations ●Provide training for employees regarding the social distancing and hygiene protocols ●Employees who are displaying COVID19-like symptoms do not report to work ●Establish a plan for employees getting ill from Covid-19 at work, and a return-to-work plan Cleaning and Disinfecting ●Establish and maintain cleaning protocols specific to the business ●When an active employee is diagnosed with COVID19, cleaning and disinfecting must be performed ●Disinfection of all common surfaces must take place at intervals appropriate to said workplace Quarantine and Materials Handling: [ How will materials be handled? Will you quarantine and then check in, or checkin/quarantine, and for how long? Where? How to handle holds and deliveries. Communications: A robust internal and external communication strategy is paramount- consider videos to demonstrate what curbside pickup looks like. Page 8 Sample Pandemic Policy for Libraries to Adapt The Library has established the following policy to follow during a public health crisis. A public health crisis is defined by a state of emergency at the federal, state or local level. These will remain in effect until the public health crisis ends, reliable treatment is found for the disease, and/or a vaccine is developed and widely distributed. The Library will resume services under the guidance of directives provided by the Massachusetts Department of Public Health and the local board of health. In order to be able to meet the mission of the library and provide services to the community, the Library will follow the Mandatory Safety Standards for Workplaces as established by the Commonwealth of MA. In the event that staffing and/or open hours are impacted, library staff will perform priority responsibilities that most directly impact patrons prior to any other work tasks. Priority responsibilities include: [ Edit to suit the Library’s needs ] Direct patron assistance for circulation and reference services, facility supervision and safety. Collection Maintenance: check in, incoming delivery, shelving. Workflow tasks: pull list, material orders, cataloging Essential services: payroll, processing bills for payment, Library Board meetings. In addition, the following sections will apply to other policies that are impacted during this time. Patron Use Policy: ●Patrons who visit the library must follow COVID-19 Order. No 31 for wearing masks in public places inside and outside (excluding those in the exempt categories), and practice social distancing. Patrons who refuse to wear masks outside of an exempt group will be asked to leave or be denied entry into the library. ●Occupancy limits will be observed and the number of patrons allowed into the library will be limited. To achieve this, seating may be removed or blocked off; limits on computer use may be in effect. ●To achieve social distancing in the library, there may be marks on the floor to maintain distance, acrylic barriers at service desks, curbside pickup or appointment pick up services. ●Patrons are expected to follow these safety guidelines to ensure the safety of staff and other patrons. If patrons are unable to follow these, the Library will ask the patron to leave immediately. Repeated violations may result in a suspension of library privileges. ●[ The library may consider adding language about upholding privacy and confidentiality of all patrons who use the library while assisting the board of health in contact tracing. [ Criteria for Closing the Library: Page 9 In the event of decreased staffing levels, a local outbreak, a sick staff member or library patrons, or otherwise directed by the local Board of Health, the Library may be forced to close for a period of time, reduce operating hours, and/or limit services. All closings will be communicated tothe public as quickly as possible. Programming Policy: While the library is limiting in person services, programming will continue in a virtual manner when possible. Collections: In order to ensure materials returned to the library are at the lowest risk possible for the transmission of COVID-19, the Library will quarantine items for at least XX days before checking them in and returning them to the collection. This includes books, magazines, DVDs, and CDs. Because of their unique shapes and multiple parts, items from the Library of Things, kits, or XXX will not be available for circulation. The Library will maintain access to the daily newspapers and regular magazine subscriptions. Current issues will circulate to allow for their quarantine following use. Newspapers will be unavailable. [ Modify as needed for the library. ] Circulation: Upon accepting returns, all items will be checked in and all late charges will be waived once the library reopens. The Library will waive all late fines for the period of limited services, to ensure patrons don’t make unnecessary trips to the library and to eliminate cash transactions. Meeting Room Use: The use of Meeting Rooms by the public is suspended, as the spaces are required for quarantining library materials. The use of the Meeting Room is suspended until the room is no longer required for quarantining collections and/or a change to social distancing guidelines that allow small groups to meet. The Library reserves the right to limit the number of daily reservations to allow for additional time for the cleaning of the room. (Amenities that the library may provide for the meeting room could be removed during this time: eg kitchen use, projectors, whiteboards). [ Date of approval by governing board ] [MBLC/MLS Note: Sample policy developed from the Lawrence Library Pandemic Policy ] SOCIAL DISTANCING Libraries must establish procedures for patrons to check out materials prior to arriving at the library for curbside or circulation desk pickup. Patron entry to the library should be limited to circulation desk pickup only Libraries must put markers outside of the library to ensure 6 feet of distance for patrons who are waiting outside to enter Ensure separation of 6 feet or more between individuals where possible: •Close or reconfigure worker common spaces and high density areas where workers are likely to congregate (e.g., break rooms, eating areas) to allow social distancing •Physical partitions must separate workstations that cannot be spaced out (partitions must be at least 6 feet in height) •Install physical barriers for checkout stations where possible, otherwise maintain 6 feet distance where not possible •Install visual social distancing markers to encourage patrons to remain 6 feet apart (e.g., lines outside of the libraries if applicable, checkout lines, lines to use the restroom) Stagger lunch and break times, regulating max number of people in one place and ensuring at least 6 feet of physical distancing Require face coverings for all workers and patrons, except where unsafe due to medical condition or disability Recommended best practices Libraries are encouraged to offer exclusive hours or other accommodations for those in high-risk populations as defined by the CDC Improve ventilation for enclosed spaces where possible (e.g., open doors and windows) Contactless payment methods are encouraged Additional details on Sector-Specific Protocols can be found at https://www.mass.gov/info-details/reopening-massachusetts HYGIENE PROTOCOLS Disinfect shared equipment, such as computers, before use by another worker Ensure access to handwashing facilities on site, including soap and running water, wherever possible and encourage frequent handwashing; alcohol-based hand sanitizers with at least 60% alcohol may be used as an alternative Supply workers at workplace location with adequate cleaning products (e.g., sanitizer, disinfecting wipes) Alcohol-based hand sanitizers with at least 60% alcohol should be made available at entrances and throughout floor areas for both workers and patrons Avoid sharing equipment and supplies between workers Post visible signage throughout the site to remind workers of hygiene and safety protocols STAFFING & OPERATIONS Provide training to employees on up-to-date safety information and precautions including hygiene and other measures aimed at reducing disease transmission, including: •Social distancing, hand-washing, proper use of face coverings •Self-screening at home, including temperature or symptom checks •Importance of not coming to work if ill •When to seek medical attention if symptoms become severe •Which underlying health conditions may make individuals more susceptible to contracting and suffering from a severe case of the virus Adjust workplace hours and shifts (leverage working teams with different schedules or staggered arrival / departure) to minimize contact across workers and reduce congestion at entry points Libraries should reduce operating hours to allow for on-going off-hour sanitation and cleaning Close all seating areas and prohibit the use of public computers, printers, and other shared technology Workers must stay home if feeling ill If the employer is notified of a positive case at the workplace, the employer shall notify the local Board of Health (LBOH) in the city or town where the workplace is located and assist the LBOH as reasonably requested to advise likely contacts to isolate and self-quarantine. Testing of other workers may be recommended consistent with guidance and / or at the request of the LBOH MANDATORY SAFETY STANDARDS MA Safety Standards LIBRARIES MANDATORY SAFETY STANDARDS STAFFING & OPERATIONS Post notice to workers and patrons of important health information and relevant safety measures as outlined in the Commonwealth’s Mandatory Safety Standards for Workplace Recommended best practices Workers who are particularly vulnerable to COVID-19 according to the Centers for Disease Control (e.g., due to age or underlying conditions) are encouraged to stay home Workers are strongly encouraged to self-identify symptoms or any close contact to a known or suspected COVID-19 case to the employer Encourage workers who test positive for COVID-19, to disclose to the employer of the office for purposes of cleaning / disinfecting and contact tracing CLEANING & DISINFECTING Additional details on Sector-Specific Protocols can be found at https://www.mass.gov/info-details/reopening-massachusetts Conduct frequent cleaning and disinfection of site (at least daily and more frequently if feasible) Once returned, remove books from service for 24 hours (before it can be checked out by another patron) Keep cleaning logs that include date, time, and scope of cleaning Conduct frequent disinfecting of heavy transit areas and high-touch surfaces (e.g., doorknobs, bathrooms, baskets, carts, staff break rooms) In event of a positive case, shut down site for a deep cleaning and disinfecting of the workplace in accordance with current CDC guidance MA Safety Standards LIBRARIES □Libraries must establish procedures for patrons to check out materials prior to arriving at the library for curbside or circulation desk pickup. Patron entry to the library should be limited to circulation desk pickup only□Libraries must put markers outside of the library to ensure 6 feet of distance for patrons who are waiting outside to enter□Libraries are encouraged to offer exclusive hours or other accommodations for those in high-risk populations as defined by the CDC□Ensure separation of 6 feet or more between individuals where possible: •Close or reconfigure worker common spaces and high density areas where workers are likely to congregate (e.g., break rooms, eating areas) to allow social distancing •Physical partitions must separate workstations that cannot be spaced out (partitions must be at least 6 feet in height) •Install physical barriers for checkout stations where possible, otherwise maintain 6 feet distance where not possible •Install visual social distancing markers to encourage patrons to remain 6 feet apart (e.g., lines outside of the libraries if applicable, checkout lines, lines to use the restroom)□Improve ventilation for enclosed spaces where possible (e.g., open doors and windows)□Stagger lunch and break times, regulating max number of people in one place and ensuring at least 6 feet of physical distancing□Require face coverings for all workers and patrons, except where unsafe due to medical condition or disability □Contactless payment methods are encouraged S OCIA L DI S TA N CI N G Ensure >6ft between individuals Additional details on Sector-Specific Protocols can be found at https://www.mass.gov/info-details/reopening-massachusetts HYGIENE PROTOCOLS Apply robust hygiene protocols □Disinfect shared equipment, such as computers, before use by another worker□Ensure access to handwashing facilities on site, including soap and running water, wherever possible and encourage frequent handwashing; alcohol-based hand sanitizers with at least 60% alcohol may be used as an alternative□Supply workers at workplace location with adequate cleaning products (e.g., sanitizer, disinfecting wipes)□Alcohol-based hand sanitizers with at least 60% alcohol should be made available at entrances and throughout floor areas for both workers and patrons□Avoid sharing equipment and supplies between workers□Post visible signage throughout the site to remind workers of hygiene and safety protocols STAFFING & OPERATIONS Include safety procedures in the operations □Provide training to workers on up-to-date safety information and precautions including hygiene and other measures aimed at reducing disease transmission, including: •Social distancing, hand-washing, proper use of face coverings •Self-screening at home, including temperature or symptom checks •Importance of not coming to work if ill •When to seek medical attention if symptoms become severe •Which underlying health conditions may make individuals more susceptible to contracting and suffering from a severe case of the virus□Adjust workplace hours and shifts (leverage working teams with different schedules or staggered arrival / departure) to minimize contact across workers and reduce congestion at entry points□Libraries should reduce operating hours to allow for on-going off-hour sanitation and cleaning□Close all seating areas and prohibit the use of public computers, printers, and other shared technology□Workers must stay home if feeling ill□Workers who are particularly vulnerable to COVID-19 according to the Centers for Disease Control (e.g., due to age or underlying conditions) are encouraged to stay home □Workers are strongly encouraged to self-identify symptoms or any close contact to a known or suspected COVID-19 case to the employer MA COVID-19 Checklist LIBRARIES Additional details on Sector-Specific Protocols can be found at https://www.mass.gov/info-details/reopening-massachusetts STAFFING & OPERATIONS Include safety procedures in the operations □Encourage workers who test positive for COVID-19, to disclose to the employer of the office for purposes of cleaning / disinfecting and contact tracing. If the employer is notified of a positive case at the workplace, the employer shall notify the local Board of Health (LBOH) in the city or town where the workplace is located and assist the LBOH as reasonably requested to advise likely contacts to isolate and self-quarantine. Testing of other workers may be recommended consistent with guidance and / or at the request of the LBOH□Post notice to workers and patrons of important health information and relevant safety measures as outlined in the Commonwealth’s Mandatory Safety Standards for Workplace CLEANING & DISINFECTING Incorporate robust hygiene protocols □Conduct frequent cleaning and disinfection of site (at least daily and more frequently if feasible)□Once returned, remove books from service for 24 hours (before it can be checked out by another patron)□Keep cleaning logs that include date, time, and scope of cleaning□Conduct frequent disinfecting of heavy transit areas and high-touch surfaces (e.g., doorknobs, bathrooms, baskets, carts, staff break rooms)□In event of a positive case, shut down site for a deep cleaning and disinfecting of the workplace in accordance with current CDC guidance MA COVID-19 Checklist LIBRARIES 1 GUIDANCE FOR TOWN MEETINGS TO ADDRESS COVID-19 As of June 11, 2020 Purpose These sector specific COVID-19 safety recommendations for Town Meetings are issued to provide municipalities with instructions to help protect against the spread of COVID-19 as in- person meetings resume. These standards are advisory only and are not exclusive or exhaustive. The public health data for disease prevention upon which these guidelines are based can and does change frequently. General Standards These standards apply to all town meetings. Town officials should communicate to residents that if they are feeling sick, are exhibiting any of the following symptoms (fever, cough, shortness of breath, chills, muscle pain, headache, sore throat, or new loss of taste or smell), or have potentially been exposed to someone with confirmed or suspected COVID-19, then they should not attend town meeting in person. A potential exposure means having household contact or having close contact (within 6 feet) with an individual with confirmed or suspected COVID-19 for prolonged periods of time (over 15 minutes) while the person is symptomatic or 48 hours before symptoms developed. Persons who are particularly vulnerable to COVID-19 according to the Centers for Disease Control (e.g., due to age or underlying conditions) are encouraged to stay home. Town officials are encouraged, to the extent feasible, to hold meetings virtually or outdoors and to ensure that attendees are spaced at least 6 feet apart. If outdoor meetings are not feasible, towns are advised to abide by the following policies in conducting town meeting. I. Attendance • Hosting town meeting by remote participation and reduction of quorum as allowed by Chapter 92 of the Acts of 2020, is strongly encouraged • Attendees of town meeting should sign in as they would normally do. Town staff should ensure that they have the correct contact information for attendees. II. Social Distancing Seating • Seating should be arranged to permit attendees to sit at least 6 feet apart. Members of the same immediate household may be allowed to sit together and less than 6 feet apart • If there is fixed seating, rows should be blocked off and kept empty to allow for sufficient distancing between rows 2 • Town officials are encouraged to place tape or other visual distancing markings on seating to delineate 6 ft separations and to post signage indicating the maximum number of persons permitted per row • Promote ventilation for enclosed spaces where possible. For example, open windows and doors to allow airflow • Lines at microphones for questions or comments should be taped to keep people six feet apart. Microphones should be disinfected after each speaker Entering and Exiting • Town meetings are advised to take steps to encourage orderly entering and exiting of meetings in a manner that encourages social distancing. For example: o Signage or floor markings should be posted to have one-way aisles or otherwise direct attendees to follow certain pathways for entering and exiting the meetings o If a line forms outside of the meeting, those waiting should be directed to maintain social distancing. Tape or other markings on the ground outside of the meeting should be placed to encourage attendees to maintain social distancing of at least 6 feet o Staff should direct people in high traffic areas to help maintain social distancing o Town officials or other staff should direct successive, row-by-row exiting III. Face Coverings • All residents over the age of 5 and staff must wear face coverings or masks in accordance with COVID-19 Order No. 31 and the Department of Public Health’s Guidance while inside and while entering and exiting locations of town meeting or otherwise participating in in-person meetings, except where a person is unable to wear a face covering or mask because of a medical or disabling condition • A person who declines to wear a face covering or mask because of a medical or disabling condition shall not be required to produce documentation verifying the condition • Individuals addressing town meeting may remove his or her face covering while doing so, provided that he or she is able to maintain a distance of at least 6 feet from other persons present. • Installation of protective, plexi-glass or other transparent barriers are recommended for podiums and other points of address • Towns are strongly advised not to arrange for or permit communal gathering pre or post meeting (e.g., coffee or other food services) IV. Cleaning and Disinfecting and Hygiene Protocols • Locations of meetings shall be cleaned and disinfected before and after each meeting, including disinfection of heavy transit areas and high-touch surfaces (e.g., doorknobs, bathrooms, microphones, shared instruments) • Markings should be placed outside of bathrooms to adhere to the 6 ft distance between each attendee • If town meeting officials learn that an individual with COVID-19 attended a meeting or otherwise entered the building, the town should conduct a deep cleaning and disinfecting of any areas visited by the infected individual consistent with the Centers for Disease Control guidance: https://www.cdc.gov/coronavirus/2019- ncov/community/disinfecting-building- facility.html 3 • Town meeting officials should ensure that officials and residents have access to handwashing facilities, including soap and running water, and allow workers sufficient break time to wash hands, as necessary. They are also encouraged to make alcohol-based hand sanitizers with at least 60% alcohol available, if possible • Town Warrants and other paper that is distributed at a meeting should be done so in a manner to ensure social distancing and not be shared between attendees Towns that use electronic voting machines should disinfect the machine between each use V. Notification of Positive Case • Town meeting officials should work with the board of health in the event that anyone is exposed to COVID-19 at the meeting. Meeting attendees may need to be identified and contacted by the board of health or Contact tracing Collaborative. 1 MDPH - Mass Department of Public Health 9:00 AM COVID-19 Conference Call for LBOH with the COVID Command Center – 06/12/20 MDPH staff Ron O’Connor, Jenna Ferguson, Dr. Katy Brown, Kevin Cranston, Chief Farnsworth, EEA, Cheryl Sbarro MAHB, Mike Flannigan, DLS. MAHB advice on these calls are for reference only. Seek legal advice from your town attorneys. MDPH will be addressing questions sent in advance that help a wide array of LBOH. Updates sent out to LBOH yesterday. These will be addressed today. New guidance for town meetings. MAHB/Cheryl states this also applies to ALL city and town meetings, not just a “town” meeting. Like past messaging, make sure you have social distancing, face coverings are in effect, hold the meetings virtually or outdoors. Register attendees. The law for remote participation and quorum reductions was signed by Governor Baker last Friday. EEA clarifies swim lessons. These are allowed if they are non-contact. No contact between instructor and swimmer. Youth sport guidance matches youth sport ratios for camps. Up to 12 participants including leaders. Regarding recent protests, Chief Farnsworth states that work between LBOH and local police on COVID-19 is still a priority. Police departments track between 8-15 protests a day right now. They work to have peaceful protests. Please keep communication open with your local police chief. Be patient as personnel are tired having been deployed to many protests. Questions sent in prior to this call: Ron O’Connor: Received 80 questions in the last 24 hours. Prioritized these for the call. Door to door solicitation. DLS says this falls into “sectors not otherwise addressed” and falls under Phase 2, Step 1. Fraternal order meetings: In general, they must follow the standards of other sectors. For example, they must follow restaurant requirements if they meet in a facility like this - Phase 2 requirements. Phase 4 for bar facility meetings. Ruling on breweries: There must be a retail food permit, requirements of restaurants must be met. Food must be made onsite the entire time the brewery is open. Face shield vs. face mask? Dr. Brown says a face shield does not serve the same function as a face mask. Face masks prevent respiratory droplets from spreading. Face shield do not prevent the transmission of the disease to someone else. Number of children on bus to a camp? Jenna Ferguson says there is no restriction on the number of kids on a bus/vehicle if they can maintain social distancing. Factor the distance from the driver as well. Can a LBOH refuse a permit for a camp in terms of COVID-19 violation? The sanitary code regulations are separate from COVID-19 restrictions. An assessment document is in the camp checklist (a self- assessment) and a poster is also available on the reopening website: mass.gov/reopening You CAN’T refuse to give a permit if the camp has not met all the COVID-19 health and standards on the self-assessment. The camp can and must give you a copy of the self-assessment if requested. Can a parent of a child going to camp claim a religious exemption from COVID-19 requirements? Jenna says “yes.” This is the standard in Mass. 2 If a camper is positive, does the camp shut down for 14 days? Jenna says “yes.” The appropriate contact tracing then occurs. Anyone in contact with the infected camper should be quarantined for 14 days as well. People who work in healthcare settings can continue to work after an exposure if they are asymptomatic and use precautions continuously. Indoor pools and workplace safety standards for adult and youth sports leagues? Use Phase 2 guidance. The guidance has been updated to include 12, including instructors, for indoor pool leagues. EEA addresses outdoor pool capacity: This is 40% capacity and pool size to determine social distancing. It depends on the size of the pool to determine this. Splash pads when it is water to waste and not chlorine: Yes, you can operate under Phase 2. Water slides? Yes, water slides can be open with proper distancing and disinfection. Coolers to outdoor pools? Allowable if the pool is outdoor. If someone cannot wear a mask at the pool can they be refused entry? Yes, just as a restaurant can refuse service. Cheryl states it depends on something like a medical condition. Is there a way to social distance? If not a medical condition, the rec department can refuse entry. Be careful how you treat people with medical conditions. Chief Farnsworth agrees. They will look at it like a disorderly conduct. We must be very careful if it is a medical condition. Outdoor entertainment/live music performances: Cheryl/MAHB says we were advised that there were outdoor dining areas of Hyannis that were allowing musical performances. MAHB legal followed up and found out that this was not the case. It was Trader Ed’s in Hyannis with a large outdoor area where they have a performance permit, but there are NO outdoor dining facilities in Barnstable allowing this activity. Should we distinguish between large outdoor concerts and a person playing a guitar in an outdoor dining area? DLS: There was a lengthy discussion on this topic. NO performances or entertainment should be allowed at restaurants. Too difficult to regulate. Even having one person singing is a problem with social distancing. These activities encourage the gathering of patrons. NO PERFORMANCE ENTERTAINMENT AT RESTAURANTS DURING PHASE 2. Wedding guidance for Phase 3 or 4? DLS says there are weddings taking place in groups of 10 or less. This is allowed. The guidance and standards for Phase 3 and 4 have not been developed yet, as we are still working on Phase 2, Step 1. When and how can AA meetings take place? They can conduct these virtually. Several groups are doing this already over WebEx or Zoom. In person meetings can take place if it is less than 10 people, six feet apart. Larger meetings must wait until another phase. Sports games and tournaments may not take place right now. Dance classes/recitals indoors? EEA says this is allowed for youth if the social distancing guidelines and is outlined in Phase 2 youth sport guidance. 3 Playgrounds? EEA says they do not need to be disinfected daily because of the amount of material to do this. DCR will be posting signs to “play at your own risk” and that the playground is cleaned once per week. Not specifics for cleaning, it will only say “regular cleaning.” Safety standards in workplaces? Masks at all times? What about customers? DLS developed a poster for this. Ron will forward this out to explain it better than on the call. Does a close contact with COVID-19 positive person greater than 15 minutes require quarantine? Dr. Brown: Because there is a universal recommendation, does this impact how a close contact is defined for testing and quarantine? NO. Mostly what people are wearing is NOT medical grade PPE. Now, because of this, there is a wide variety of face coverings being used with different efficacies. If you spend time withing 6 feet of someone with a symptomatic case, or an asymptomatic person, for 10-15 minutes, these situations do meet the definition of a close contact. All the persons should be tested and quarantined based on positive results. Golf and driving ranges: Individual driving range stations are 6 feet apart; do they need masks also? DLS says he believes they do but will follow up. Jenna reiterates that we must move through the phases and look at the data to see the trajectory of public health response in Massachusetts. There are two stages of Phase 2. Also, people are providing a lot of feedback and doing the best we can for reopening. In some cases, the EEC/childcare/camp guidance was specifically set up to have a process to hear directly from these sectors. They are listening and adjusting as needed. LBOH comments on all these requirements are very important to MDPH for modifications and developments going forward. Live Q&A Food truck confusion regarding breweries: Can a retail food license be issued if the LBOH has permitted their operation as a brewery? The language today sounds like the brewery can move into the food truck business. DLS read the specific paragraph on the LBOH’s licensing for onsite alcohol permits. The LBOH may license a retail food permit/food truck on that same property. A conflicting ACBB response, which is causing confusion and mixed messaging, will be sent to MDPH for review. Can we have lifeguard training if we are using a mannequin as opposed to a live person for rescues or backboard training? Yes, this is permissible. Symptomatic and asymptomatic testing. Requests from residents who want to be tested who have no symptoms and have not been exposed. Guidance? Dr. Brown says that the testing guidance is not a rule or an order. It focuses attention on where testing is most important to understand the pandemic and institute controls. The guidance provides testing at the discretion of the health care provider relative to their situation. Insurance is complicated on this as well. Close contact/symptomatic/asymptomatic can be covered, but the person should be talking to the health care providers, not the LBOH. CLOSE Do you have a question or need clarification on the next LBOH conference call hosted by MDPH? Please contact: Ron O'Connor, MPH - Director, Office of Local and Regional Health, MDPH E-mail: ron.oconnor@state.ma.us Page 1 of 2 Guidance to Cape & Islands Seasonal Community Information for Members of Cape Cod & the Island’s Seasonal Community: Updated as of June 9, 2020 - Effective through the end of Phase 2 of Governor Baker’s Phased Plan to Reopen Massachusetts. Cape Cod, Martha’s Vineyard, Nantucket, and the Elizabeth Islands appreciate, welcome, and depend on you, our visitors, seasonal residents, non-resident homeowners, and seasonal workforce. On June 8, 2020, Massachusetts entered the first part of Phase 2 of opening businesses and organizations. Cape Cod and the Islands are now welcoming visitors with some restrictions: • Accommodations of all types (including short term rental of homes, condos, and cottages) • Outdoor seated dining and take out • Retail shops • Outdoor historic and recreational activities Please check with your host or local business for specific opening dates and available amenities. We care about your health and ours, thus all enterprises must certify participation in the Commonwealth’s Mandatory Safety Standards. Please be patient and follow health advisories as we all try to adjust to this “new normal”. We have been successful in limiting the extent of the spread of COVID-19 in our communities by implementing early and vigilant social distancing measures per the guidance of public health officials. The Massachusetts Department of Public Health warns that all of Massachusetts remains vulnerable to new cases due to the highly contagious and insidious nature of this disease. We all must do our part to remain safe and healthy by following the common sense precautionary measures outlined by public health officials: • Follow public health guidelines and orders: o Wash your hands and clean surfaces frequently o Protect yourself and others with a face covering/mask in public places where social distancing is not possible o Practice social distancing by remaining 6 feet away from others o Stay vigilant for symptoms and stay home if you’re sick • Please be advised that the Governor of Massachusetts has issued a travel advisory through Phase 2. Visit Mass.gov/reopening for details and updates. o Individuals are instructed not to travel if they are displaying symptoms Page 2 of 2 o If exhibiting flu like symptoms or experiencing respiratory illness, do not go to work. Contact a local healthcare provider for instructions on accessing care. o Check and follow advisories on transportation, especially if you are traveling by ferry or air • Note that gatherings of 10 or more have restrictions during Phase 2 • For information regarding Massachusetts COVID-19 response, please visit: Mass.gov/covid19 and Mass.gov/reopening We appreciate your support of our local economy. With your help, and all of us working together, Cape Cod and the Islands will recover from this virus and these challenging economic times. We look forward to welcoming you back. Thank you for supporting this place that we all love by respecting this guidance. Bill Keating U.S. Representative 9th Congressional District William L. Crocker, Jr. State Representative 2nd Barnstable District Randy Hunt State Representative 5th Barnstable District Julian Cyr State Senator Cape and Islands District David T. Vieira State Representative 3rd Barnstable District Dylan A. Fernandes State Representative Barnstable, Dukes, and Nantucket District Susan L. Moran State Senator Plymouth & Barnstable District Timothy R. Whelan State Representative 1st Barnstable District Sarah K. Peake State Representative 4th Barnstable District Archived: Friday, June 12, 2020 3:51:40 PM From: Vaira Harik Se nt: Thu, 11 Jun 2020 08:38:51 To: Sean O'Brien; Carlstrom, Brian; chorgan@capecodchildrensplace.com; Christopher Adams; david.vieira@mahouse.gov; Sampson, David; mark.ells@town.barnstable.ma.us; Elysse Magnotto-Cleary; Maguire, Emily (HOU); Erika Woods; ercurry@eugenecurry.com; dylan.fernandes@mahouse.gov; Jack Yunits Jr.; jbeebe@eastham-ma.gov; jerry.fishbein@1199.org; jgolden@provincetown-ma.gov; Julie Wake; Kevin Howard; Kristy Senatori; Lauf, Michael; linda.markham@capeair.com; Margaret Laforest; sonnabendm@barnstablepolice.com; Mike Maguire; nelson.andrewsjr@mwtribe-nsn.gov; pniedzwiecki@capecodhealth.org; Chief Peter Burke; Peter Lombardi; Phil Burt; Randy Hunt; Ryan Castle; Peake, Sarah - Rep. (HOU); aschiavi@townofbourne.com; sdavis@chatham-ma.gov; Cyr, Julian (SEN); Susan Moran; timothy.whelan@mahouse.gov; Wendy Northcross; william.crocker@mahouse.gov; Schulze, Frank (SEN) Cc: Sonja Sheasley; Andrew Platt; Kevin Mulroy, DO; Deirdre Arvidson; Beth Albert; Heidi Nelson; Karen Gardner; pnadle@outercape.org Subject: Charts for Cape Cod Reopening Task Force 6/11/20 9:45 a.m. call Se nsitivity: Normal Good morning All, Additional information has become available regarding testing volume and results in Barnstable County and we thank Cape Cod Healthcare for this information. Cape Cod Healthcare has performed 75% of all tests for COVID (11,637 of 15,529 as of 6/10); private laboratories (e.g. Quest) and the State Laboratory have processed the remainder. The state's 7-day average pos itive rate, as of 6/9, was 4.6%; Barnstable County's 3-day rate was 1.9%. (I will report our 7-day average positive rate when additional data become available). ______________________ Vaira Harik, M.S. Deputy Director Barnstable County Dept. of Human Services Cell: 520-271-6314 Email: vharik@barnstablecounty.org From: Vaira Harik <vharik@barnstablecounty.org> Sent: Tuesday, June 9, 2020 9:29 AM Subject: Charts for Cape Cod Reopening Task Force 6/9/20 9:45 a.m. call ______________________ Vaira Harik, M.S. Deputy Director Barnstable County Dept. of Human Services Cell: 520-271-6314 Email: vharik@barnstablecounty.org Below is an update to the Captains Golf Course operations that will take effect on Monday , June 8: 1. It is still a requirement that all play ers hav e a tee time reserv ation in order to play. W alk- ons will not be accepted. This includes the early morning back 9 play . Please use the on- line system to make y our reserv ations. Day of play reserv ations must be made by calling the shop. Reserv ations for back 9 play may be made on-line as well, although those in the "Morning" membership category will need to call the shop for back 9 reserv ations for Fridays, Saturday s or Sunday s. 2. Play ers will still be required to remain in their v ehicles until 15 minutes prior to their tee time and they must return to their vehicle immediately following their round. No gathering. 3. All payments are by credit card only . Payment is accepted at the time y ou check in at the pro shop window. 4. Members may bring guests for play. Please make reserv ations v ia the on-line sy stem. One member may have three guests and still request a member time. 5. General public may reserv e tee times one day prior to the play date. General public reserv ations can only be made by calling the pro shop at 508-896-1716, ext. 105. 6. Golf carts are av ailable and are single rider only (family members liv ing in the same household may share a cart). W e are not accepting cart reserv ations at this time. Push carts are also av ailable for rent. 18-hole carts are still restricted to those with a tee time at 1:30 or earlier and 9-hole carts are restricted to those with a tee time of 3:30 or earlier. 7. W e will be using 12 minute tee time interv als. 8. W e will be changing from the raised cups to an inverted cup, which will allow the ball to fall about one inch into the hole. So now the ball must fall into the hole to be considered holed out. W e are still prohibiting people from removing the flag stick. 9. The practice greens will be open for use beginning Monday , June 8. You may not use the practice green more than 15 minutes prior to y our tee time. You are required to wear a face mask when using the practice green. Only those with a tee time reservation are allowed to use the practice greens. Social distancing is required, no gathering. 10. The driv ing range will open by W ednesday 6/10 or Thursday 6/11. W atch the web site for the opening. It will be open for reduced hours and there will be a reduced number of tee stations. W hen using the driv ing range, all players will be required to wear a face mask. 11. Beginning Thursday 6/11 or Friday 6/12, the Freemans Grill will be offering outdoor dining and they will continue to offer grab and go serv ice as well. W atch for an email from them with more specific information regarding hours of operation and menus. 12. The clubhouse restrooms are open for use. Those using the restroom must wear a face covering. There is signage posted indicating the limits for how many people are allowed in the restroom at a time. In addition, the restrooms at the snack bar adjacent to the Port 10 tee are open to the golfers. There are no porta-johns currently on the golf course. 13. There is no drinking water prov ided on the golf course. 14. There are a limited number of trash containers on the course. Please don’t litter. 15. Scorecards are av ailable upon request from the starter or y ou can download the scorecard by CLICKING HERE. Archive d: Friday, June 12, 2020 3:51:47 PM From: Captains Golf Course Sent: Sun, 7 Jun 2020 14:31:30 To: Peter Lombardi Subje ct: Captains Update in regard to the Phase II announcement Sensitivity: Normal Updates based on the new Phase II Guidance 16. The pro shop will remain closed at this time. Various items are av ailable at the pro shop window for purchase when y ou check in. W e will also accept special orders for curb side pickup. Rental clubs will not be available. W e are currently formulating protocols for a limited opening of the pro shop in the near future. 17. The telephone calls we hav e been receiv ing in the shop hav e been ov erwhelming, so please use the on-line reserv ation sy stem whenever possible. You can also reach us by emailing contact@captainsgolfcourse.com. 18. All play ers are required to practice social distancing, stay six feet apart. Masks are required when a person enters a building or cannot practice social distancing for any reason. Thank y ou and stay safe. Captains Golf Course 1000 Freemans Way Brewster, MA 02631 (508) 896-1716 contact@captainsgolfcourse.com This email was sent to plombardi@brewster-ma.gov You receiv ed this email because y ou are registered with Captains Golf Course Unsubscribe here © 2018 Captains Golf Course Archived: Friday, June 12, 2020 3:51:55 PM From: Peter Lombardi To: Amy Henderson; Amy von Hone; Annette Graczewski; Charlie & Brian; Chris Miller; Cynthia St. Amour; David Whitney; Donna Kalinick; Eric Levy-DCR (eric.levy@state.ma.us); Garran Peterson; George Boyd; Heath Eldredge; Kyle Hinkle; Mary Chaffee; Michael Gradone; Patrick Ellis; Paul Ruchinskas; Peter Lombardi; Robert Dwyer; Robert Moran; Robert Newman; Susan Broderick; Vernon Smith; Andrea Aldana; Doug Scalise Subject: FW: New language for https://brewster-ma.gov/beach-front and https://brewsterstickers.townhall247.com:8090/ Se nsitivity: Normal Good news! We were able to expedite electronic plate reader technology with our vendor so that non-residents will not need to print out paper copies of their day permits this summer. From: Robin Young Sent: Tuesday, June 9, 2020 3:30 PM To: townadmin <townadmin@brewster-ma.gov> Subject: New language for https://brewster-ma.gov/beach-front and https://brewsterstickers.townhall247.com:8090/ Due to the current closure of Brewster Town Hall in response to COVID-19, the Town will begin issuing new 2020 beach parking, recreational shellfish, and Recycle Center permits as of June 1, 2020. There will be no in-person sale of permits at Town Hall this year. We are only offering the mail-in program and online options for purchasing beach parking permits, recycle center permits, and recreational shellfishing permits. Mail-in requests for new 2020 permits made in May will be processed beginning June 1, 2020. Stickers will be available for purchase online starting on June 1 as well. Due to current circumstances, the Brewster Select Board voted to allow the reactivation and extension of both the 2019 resident beach parking permits (normally valid June 15 – the Sunday of Labor Day Weekend) and 2019 resident recreational shellfish permits (normally valid January 1 – December 31, 2019), through June 30, 2020. Current Resident Recycle Center permits remain valid until June 30, 2020. Non-Resident Daily Beach Parking Permits are now available for purchase. You will need to purchase a daily permit for each day you wish to visit one of the Brewster beaches. Ple ase note : You do NOT need to have the permit displayed on your vehicle. The parking enforcement agents will be able to scan your vehicle plate to ensure the vehicle has a daily parking permit. You must have a valid daily parking permit as of June 15, 2020. FYI ITEMS (MAIL) June 15, 2020 1. 2019 Statistics Report – Nauset Youth Alliance 2. Abutters Notice; 49 Byfield Cartway – Historic District Committee 3. Abutters Notice; 50 Robbins Road – Brewster Conservation Commission 4. Abutters Notice; 2907 Main Street – Brewster Planning Board 5. May 26 & April 21, 2020 Meeting Minutes – Brewster Conservation Commission Brewster Conservation Commission Minutes April 21, 2020 1 Brewster Conservation Commission Minutes – Meeting Under Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act Massachusetts General Law Chapter 131, Section 40, Wetlands Protection Act (WPA), 310 CMR 10.00 Regulations Massachusetts Department of Environmental Protection (MA DEP) (M.G.L. C.131. § 40) And Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection Bylaw (BWP Bylaw) Wetland Regulations 1.01 – 9.15 MA General Law 131, §40, Wetlands Protection Act Massachusetts Department of Environmental Protection (M.G.L.C.131. §40), And Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection By-law (BWP By-law) Call to Order Under the Massachusetts Open Meeting Law, Chairman Michael Tobin called to order the Tuesday, April 21, 2020 meeting of the Brewster Conservation Commission at 6:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster, MA. Present Chairman Michael Tobin, Vice Chairman Nicole Smith, Commissioners Bruce Evans, Gary Kaser, Peter Wells, Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller, Carol Spade “ Commissioner “Bruce Evans, Aye”,Commissioner “Gary Kaser, Aye”, Vice Chairman “Nicole Smith, Aye”, Commissioner “Peter Wells, Aye”, Chairman “Michael Tobin, Aye”, Conservation Administrator “Noelle Aguiar, Aye”, Natural Resources Director “Chris Miller, Aye”. Carol Spade, “Present” Chairman Tobin read the following into the record: “As required by the Massachusetts Open Meeting Law, the Conservation Commission is informing the public that this meeting will be audio and/or video* recorded. Others intending to record are required to inform the Chairman prior to the meeting. Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law and his March 15, 2020 Order imposing strict limits on the number of people that may gather in one place, this meeting will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting may be found on the Town’s website at www.brewster-ma.gov. For this meeting, members of the public who wish to listen to the audio broadcast may do so via the Town of Brewster livestream at http://livestream.brewster-ma.gov or on Channel 18. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure the public can adequately access the proceedings in real time via technological means. The Town has established specific email addresses for each board and committee that will be meeting remotely so that residents can send their comments in writing either before or during the meeting. In the event we are unable to live broadcast these meetings, despite best efforts, we will post on the Town website an audio recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. The Public Meeting Packet for the hearings is available for download at: http://records.brewster- ma.gov/WebLink/0/fol/118271/Row1.aspx Send comments on items from the Conservation Commission agenda to: conservationmeeting@brewster-ma.gov The Public Meeting Packet for the hearings is available for download at: http://records.brewster- ma.gov/WebLink/0/fol/118271/Row1.aspx Brewster Conservation Commission Minutes April 21, 2020 2 Send comments on items from the Conservation Commission agenda to: conservationmeeting@brewster-ma.gov Public Hearings Under M.G.L.C.131. §40 And BWP By-law Public Hearings Commissioner Evans was recused from the following hearing: “Michael Medeiros, Ocean Edge Resort and Golf Club, Present”. Request for Determinations of Applicability Ocean Edge Resort requests determinations as to whether the area – buffer zone to inland wetlands, and the work – renovation of existing tennis courts - is subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 195 Villages Drive, 89/1 (27/39-5). Summary of Applicant Testimony Michael Medeiros, Ocean Edge Resort, represented the applicant. He described the resource areas and project as contained in the Request for Determination and plan*. Summary of Staff/Conservation Commission Comments Ms. Aguiar explained that the project is allowable under applicable laws, with special conditions which she will include in the Determination of Applicability, if approved. Summary of Public Comments The public had no comment. “Nicole Smith, I move, “Peter Wells I second the motion to close the public hearing and issue Negative 3 and 6 determinations”, as shown: Negative Determination 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). Special Conditions shall be detailed in a letter to the applicant from the Conservation Commission agent. 6. The area and/or work described in the Request is not subject to review and approval by Town of Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw. The Conservation Commission approved the motion. “Gary Kaser, Aye”, “Nicole Smith, Aye”, “Peter Wells, Aye” “Michael Tobin, Aye”. *List of documents submitted for the Request for Determination and discussed at this hearing 1. Site Plan, J. M. O'Reilly…Ocean Edge Blueberry Pond Site Plan: Area 2, 3/14/2014 J. M. O'Reilly…Ocean Edge Blueberry Pond Sketch Plan...Buffer Zones 4/15/13 Mr. Evans resumed remote participation of the meeting. Notice of Intent Continued Hearing - Thomas and Susan Meyer propose to demolish an existing deck and access stairs and construct an expanded deck, add new access stairs, an outdoor shower and walkway within 50 feet of an Inland Bank, and expand an existing driveway within 100 feet of an Inland Bank on 361 Slough Road, 11/50 (38/102). The project proponent submitted a written request to continue the above referenced hearing to May 12, 2020. “I, Peter Wells, move,” “I, Bruce Evans, second the motion to continue the hearing to May 12, 2020.” “Bruce Evans, Aye”,“Gary Kaser, Aye”, “Nicole Smith, Aye”, “Peter Wells, Aye” “Michael Tobin, Aye”. Brewster Conservation Commission Minutes April 21, 2020 3 Report of the Natural Resources Director Mr. Miller explained that in consideration of the Covid19 pandemic, Natural Resources staff set signs in all areas under the care, custody and control of the Conservation Commission and Select Board, requesting that visitors respect others in keeping at least six feet apart at all times. Report of the Conservation Administrator The Conservation Administrator had no report at this time. Review of Plan Change Cobbs Pond Condominium, Order of Conditions SE 9-1820 for vista cutting, etc. - request as to whether changes in vegetation management shall constitute a minor change to plan - on Wauquanesit Drive, 57/5 (17/1) “Catrine Higgins, Wilkinson Ecological Design (WED), Present.” Steve, LeBranch, WED, Present.” Catrine Higgins explained the proposal which, she stated, includes removal of invasive plants, replacement with native plants, and vista expansion. She stated that the project simulates the project approved by the Commission in 2019, adding that the proposal also includes an amended plan* Ms. Aguiar stated that she recommends approving the removal of invasive species and replacement with native plants as a minor change, but not the extension of vista pruning. The Regulations of the MA Wetland Protection Act define vista pruning as, “The selective thinning of tree branches or understory shrubs to establish a specific "window" to improve visibility.” This proposal is outside of the approved vista area; moreover, there is no dwelling unit within the extent of the now proposed pruning, with a specific window(s) where vegetation presently blocks owners’ views of the bay. Ms. Higgins and Mr. LeBranch again emphasized that the expansion of vista is consistent with the plan that was already approved. Mr. Kaser agreed with Ms. Aguiar, adding that the vegetation should be allowed to grow naturally. Mr. Wells stated that he will vote to allow the invasive plant removal and replacement with native plants within the previously permitted area, but disapproves the vista expansion. Mr. Tobin, Mr. Evans and Ms. Smith agreed with the Conservation Administrator, Mr. Kaser and Mr. Wells. “Gary Kaser”/”Peter Wells” The Conservation Commission agreed the above plan change shall be considered minor, and, with the exception of the vista pruning expansion, approved the proposal as a minor change. A newly submitted plan, to be amended to exclude the vista expansion, shall be designated by the Conservation Administrator as the approved plan of record. “Bruce Evans, Aye”,“Gary Kaser, Aye”, “Nicole Smith, Aye”, “Peter Wells, Aye” “Michael Tobin, Aye”. Document Discussed: *WED Restoration Plan …Wauquanesit Drive, rev 4/2/20 Review and Approval of Minutes 1. March 10, 2020 2. March 24, 2020 3. April 7, 2020 Kaser/Evans approve the minutes of March 10, March 24 and April 7. ** Having reviewed the minutes of March 10, March 24 and April 7, the Commission approved them as written. A**. “Bruce Evans, Aye”,“Gary Kaser, Aye”, “Nicole Smith, Aye”, “Michael Tobin, Aye”. “Peter Wells, Abstain” Any Topics not reasonably anticipated by the Conservation Commission Chairman No topics discussed. Adjourned at 6:30 PM. Carol Spade Brewster Conservation Commission Minutes April 21, 2020 4 “Bruce Evans, Aye”,“Gary Kaser, Aye”, “Nicole Smith, Aye”, “Peter Wells, Aye” “Michael Tobin, Aye”. **(Commissioner) Moved, (Commissioner) Seconded. Denied = D Approved = A Approved Unanimously = AU. *Note: The words, “wetland” and “resource area” are synonymous. The 100 and 50 foot buffer zone is the protective upland area located within 100 and 50 feet of a wetland. As the municipal focal point for environmental protection, Conservation Commissions were given the responsibility in 1972 for administering the Massachusetts Wetlands Protection Act (WPA). Since that time the Commissions have served in a regulatory as well as a conservation capacity. In 1979, Lovequist v. Conservation Commission of Town of Dennis, the Supreme Judicial Court upheld that by-laws are not in conflict with the Wetlands Protection Act, so long as they impose stricter standards on projects affecting wetlands and other resource areas. Among the list of documents* for this meeting are the following: 1. Conservation Commission Approved Planting List: Cape Cod Cooperative Extension Service (www.capecodextension.org), list of native woody plants for coastal/inland wetland buffer zones depicting the species, size and natural spacing of plants 2. Massachusetts Department of Agricultural Resources…Invasive Plants in Massachusetts1/1/05 3. Administrative Report of the Conservation Administrator 4. Meeting video recording, Town of Brewster Website http://town.brewster.ma.us Brewster Conservation Commission Minutes May 26, 2020 1 Brewster Conservation Commission Minutes – Meeting Under Massachusetts General Law Chapter 40, Section 8C, Conservation Commission Act Massachusetts General Law Chapter 131, Section 40, Wetlands Protection Act (WPA), 310 CMR 10.00 Regulations Massachusetts Department of Environmental Protection (MA DEP) (M.G.L. C.131. § 40) And Code of the Town of Brewster Chapter 172, Brewster Wetlands Protection Bylaw (BWP Bylaw) Wetland Regulations 1.01 – 9.15 Call to Order Under the Massachusetts Open Meeting Law, Chairman Michael Tobin called to order the Tuesday, May 26 2020 meeting of the Brewster Conservation Commission at 6:00 PM at the Brewster Town Offices, 2198 Main Street, Brewster, MA. Present Chairman Michael Tobin, Vice Chairman Nicole Smith, Commissioners Bruce Evans, Gary Kaser, Peter Wells, Conservation Administrator Noelle Aguiar, Natural Resources Director Chris Miller, Carol Spade “Bruce Evans, Present”,“Gary Kaser, Present”, “Nicole Smith, Present”, “Peter Wells, Present”, “Michael Tobin, Present”, “Noelle Aguiar, Present”, “Chris Miller, Present”, “Carol Spade, Present” Chairman Tobin read the following into the record: “As required by the Massachusetts Open Meeting Law, the Conservation Commission is informing the public that this meeting will be * recorded. Others intending to record are required to inform the Chairman prior to the meeting.” Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law and his March 15, 2020 Order imposing strict limits on the number of people that may gather in one place, this meeting will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting may be found on the Town’s website at www.brewster-ma.gov. For this meeting, members of the public who wish to listen to the audio broadcast may do so via the Town of Brewster livestream at http://livestream.brewster-ma.gov or on Channel 18. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure the public can adequately access the proceedings in real time via technological means. The Town has established specific email addresses for each board and committee that will be meeting remotely so that residents can send their comments in writing either before or during the meeting. In the event we are unable to live broadcast these meetings, despite best efforts, we will post on the Town website an audio recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. The Public Meeting Packet for the hearings is available for download at: http://records.brewster-ma.gov/WebLink/0/fol/118271/Row1.aspx Send comments on items from the Conservation Commission agenda to: conservationmeeting@brewster-ma.gov Mr. Tobin then explained the rules for remote meeting participation. Brewster Conservation Commission Minutes May 26, 2020 2 Public Hearings Notice of Intent John and Cori Chandler propose to demolish, and to reconstruct a dwelling further from resource areas, restore an existing lawn to native plantings and propose other natural amenities within 50 and 100 feet of Inland Wetlands, on 218 W.H. Besse Cartway, 83/63 (41/198). “John O’Reilly, Present” Katelyn Manfredo, Architect, attend remotely also. The project is not located on the MA Natural Heritage and Endangered Species Map* as an area of rare plant and wildlife habitat and rare wetlands wildlife. Summary of Applicant Testimony John O’Reilly, PE, PLS, J.M. O’Reilly, Inc., introduced Seth Wilkinson, MALD, Wilkinson Ecological Design, Craig Schneeberger, Certified Arborist, Bartlett Tree Experts and Katelyn Manfredo, Architect, SV Designs, who represented the applicant. Mr. O’Reilly and Mr. Wilkinson described the inland resource areas, and project, which includes lawn reduction and mitigation with native woody and herbaceous vegetation, as contained in the Notice of Intent, narrative, variance request and plans*. Mr. Wilkinson explained that the project proposes removal of many plant species listed by the State** as invasive. It also proposes removal of eight native beech trees which he believes are compromised. Mr. Wilkinson stressed that the existing lawn area will be reduced, re-planted with native woody plants so that there is no discharge into the wetland as there is presently. He described further, mitigation with trees including shade-tolerant American holly (Ilex opaca), native white pine (Pinus strobus) in sunlit areas, serviceberry (Amelanchier canadensis) and many diverse shrub species to protect disparate wildlife species. Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area accuracy as shown on the site plan*. Mr. Evans stated he understood American holly provides no bird nesting habitat; to which Mr. Wilkinson responded the tree at maturity provides limited nesting habitat; however it plays other important roles, including that it is a thick evergreen providing important winter shelter protection for the year round small bird population. Mr. Evans also requested clarification on the composition of the proposed remaining lawn area. Mr. Wilkinson responded that the owners don’t desire an emerald green turf type lawn, but propose what is known commonly as a Cape Cod lawn. He then asked Mr. Wilkinson whether the existing stone bonfire apparatus will remain in the Bordering Vegetated Wetland fronting Long Pond. Mr. Wilkinson responded that he believes it will. Mr. Evans concluded that he would prefer that the planting plan contain as many native trees as possible. Vice Chairman Smith inquired as to the reason the structure is proposed to be reconstructed in, as opposed to outside of, the 100 foot buffer zone. Mr. O’Reilly responded that the topography outside of the protective buffer zone would entail more excavation for the structure than within the 100 foot buffer zone, as proposed. Further discussion between Ms. Smith and Mr. O’Reilly centered on the composition of the proposed path leading to the pond. Ms. Smith wished to ensure that the path will be pervious. Mr. O’Reilly responded that the path is proposed of stepping stones, placed apart randomly for drainage and to prevent adverse runoff into the wetland. Commissioner Kaser requested the size of the proposed rebuilt structure be scaled back considerably. Chairman Tobin requested the reason that the mitigation plan includes no beech trees. Mr. Wilkinson responded that beech trees tend not to establish well and the applicant chose native tupelo (Nyssa sylvatica), which does establish well and is a valuable tree in protecting bird and other wildlife species native to this area. Brewster Conservation Commission Minutes May 26, 2020 3 “Craig Schneeberger, Present”. Mr. Schneeberger maintained that the soil in this area is affected by the fungal microorganism, Pytophtora, which has caused the canopies of the beech trees to die back, as is the case often in areas of large amounts of fresh water such as Long Pond. In his opinion, planting more beech trees in the mitigation area near the pond would be unwise. Ms. Aguiar stated that the Commission received four letters* from abutters to the project, commenting on the proposal. Some were in favor of the project and some were against. Summary of Public Comments An email received during the hearing from abutter Chester Robinson expressed that due to technical access problems during the hearing, he and others were unable so view the plans or express their comments. They consider this project important and would like to have expressed their opinions. Given this, Gary Kaser moved to continue the hearing to June 9 at 4:00 PM. to allow public/abutter comment, and to allow the applicant to revise the plan to reduce the size of the accessory structure. Bruce Evans seconded the motion. The Conservation Commission unanimously approved the motion. Bruce Evans, Aye”,“Gary Kaser, Aye”, “Nicole Smith, Aye”, “Peter Wells, Aye”, “Michael Tobin, Aye” *List of documents submitted for the Notice of Intent and discussed at this hearing: 1. J M O’Reilly Proposed Site Plan, Chandler, 180 and 218 W H Besse Cartway, 5/6/20, Narrative, Variance Request 2. Wilkinson Ecological Design Restoration Plan, Chandler, 218 W H Besse Cartwayn5/5/20 3. Letter, Chester Robinson 4. Letter, Michael Halperson 5. Letter, Nancy Garran, Executive Director, Cape Cod Sea Camps 6. Letter, Christopher Ellis 7. 310 CMR 10.55 Delineation Field Data Forms Request for Determinations of Applicability John and Cori Chandler request determinations as to whether the area – buffer zone to inland wetlands, and the work – construction of an on-ground path to Long Pond - is subject to the Wetlands Protection Act and jurisdiction of the BWP Bylaw. Property is on 180 W. H. Besse Cartway, 83/62 (41/198). Summary of Applicant Testimony John O’Reilly, PE, PLS, J. M. O’Reilly, Inc., represented the applicant. He clarified for the record that this walkway is proposed from the northernmost dwelling, on 180 W. H. Besse Cartway, leading to Long Pond. Mr. O’Reilly described the inland resource areas and project as contained in the Request for Determination and plan*. Summary of Staff/Conservation Commission Comments In response to the Commission, Mr. O’Reilly explained that the natural on-ground pathway shall be of two to four feet wide at most and composed only of leaf litter, with untreated wood chips where necessary. Summary of Public Comments The public had no comment. Evans moved, Kaser seconded the motion to close the public hearing and issue determinations, as shown: Negative Determination 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). Special Conditions shall be detailed in a letter to the applicant from the Conservation Commission agent. 6. The area and/or work described in the Request is not subject to review and approval by Town of Brewster Pursuant to the Code of the Town of Brewster Wetlands Protection Bylaw. Brewster Conservation Commission Minutes May 26, 2020 4 The Conservation Commission unanimously approved the motion. Bruce Evans, Aye”,“Gary Kaser, Aye”, “Nicole Smith, Aye”, “Peter Wells, Aye”, “Michael Tobin, Aye” *List of documents submitted for the Request for Determination and discussed at this hearing 1. John M. O’Reilly Site Plan, Chandler…180 and 218 WH Besse Cartway, 5/6/20 Notices of Intent Continued - James and Lynn McGrath propose to construct a 36ft by 18ft in-ground pool with patio and retaining wall, remove and reconstruct existing sunroom/porch, construct small deck to connect to new patio and existing deck within 100 feet of an Inland Bank on 204 Cranview Road, 20/14-13068 (51/16-1). Following review of findings under the WPA and BWP By-law and special conditions under the BWP By-law, Bruce Evans moved, Peter Wells seconded the motion to close the hearing, approve the project… with findings and special conditions as drafted, and issue an Order of Conditions. The Conservation Commission unanimously approved the motion. Eligible voters: Bruce Evans, Gary Kaser, Nicole Smith, Peter Wells, Michael Tobin (5-0) Bruce Evans, Aye”,“Gary Kaser, Aye”, “Nicole Smith, Aye”, “Peter Wells, Aye”, “Michael Tobin, Aye” Maureen Ryan proposes to plant native plantings within 50 feet of Inland Wetlands, on 183 Brier Lane, 48/19 (19/34) The project is not located on the MA Natural Heritage and Endangered Species Map* as an area of rare plant and wildlife habitat and rare wetlands wildlife. Summary of Applicant Testimony “Sam Word, Present”. Sam Ward, Landscape Associates, represented the applicant. He described the resource areas and the project as contained in the Notice of Intent, narrative, variance request and plan*. Mr. Ward stressed that the owners cleared the 100 and 50 foot buffer zone of Inland resources illegally and this filing is to mitigate for those violations of the WPA and the BWP Bylaw. He described the proposed inkberry (Ilex glabra) and blueberry (Vaccinium corymbosum) and where they and other native plantings are proposed in the buffer zone to wetlands. Summary of Staff/Conservation Commission Comments The Conservation Commission did not confirm resource area boundary accuracy as shown on the site plan*. The Conservation Administrator confirmed that the planting plan contains native plants appropriate for this ecosystem. Summary of Public Comments The public had no comment. Vice Chairman Nicole Smith requested the 50 foot buffer zone be clearly delineated by a fence or stone barrier large and permanent enough to deter future inadvertent clearing. Evans/Wells continue the hearing to June 9 to allow the Conservation Administrator to draft findings and special conditions for an Order of Conditions for the project. AU**. *List of documents submitted for the Notice of Intent and discussed at this hearing: 1. Landscape Associates Site Plan, Ryan, 183 Brier Lane 3/8/20, Narrative, Variance Request Report of the Natural Resources Director Brewster Conservation Commission Minutes May 26, 2020 5 Mr. Miller reported that during this late spring season, the public has been making use of and appears to be very appreciative of all the large amount of open space the Town of Brewster has acquired. Report of the Conservation Administrator Ms. Aguiar informed the Commission that in the matter of Kate’s Seafood and its request to temporarily assemble picnic tables onto the adjacent Town of Brewster property known as “Betty’s Curve” under the care, custody and control of the Conservation Commission, she believes the Brewster Conservation Trust, which holds a conservation restriction on the Betty’s Curve land, has given its permission to allow the picnic tables there temporarily as well, given the Covid 19 pandemic. Request for Administrative Review 1. Giles, 345 Holly Avenue, 125/98 (31/116), tree pruning. The Conservation Administrator believed the above referenced project meets parameters for an activity under the Commission’s Administrative Review process, and approved the project under Administrative Review.Evans/Wells Ratify. AU** Bruce Evans, Aye”,“Gary Kaser, Aye”, “Nicole Smith, Aye”, “Peter Wells, Aye”, “Michael Tobin, Aye” Review and Approval of Minutes 1. April 21, 2020 Postponed. 2. May 12, 2020 Approve Evans/Wells ** Having reviewed the above referenced minutes, the Commission approved them as written.Evans/Wells.AU**. Bruce Evans, Aye”,“Gary Kaser, Aye”, “Nicole Smith, Aye”, “Peter Wells, Aye”, “Michael Tobin, Aye” Adjourned at 7:00 PM. AU Bruce Evans, Aye”,“Gary Kaser, Aye”, “Nicole Smith, Aye”, “Peter Wells, Aye”, “Michael Tobin, Ae” Carol Spade **(Commissioner) Moved, (Commissioner) Seconded. Denied = D Approved = A Approved Unanimously = AU. *Note: The words, “wetland” and “resource area” are synonymous. The 100 and 50 foot buffer zone is the protective upland area located within 100 and 50 feet of a wetland. As the municipal focal point for environmental protection, Conservation Commissions were given the responsibility in 1972 for administering the Massachusetts Wetlands Protection Act (WPA). Since that time the Commissions have served in a regulatory as well as a conservation capacity. In 1979, Lovequist v. Conservation Commission of Town of Dennis, the Supreme Judicial Court upheld that by-laws are not in conflict with the Wetlands Protection Act, so long as they impose stricter standards on projects affecting wetlands and other resource areas. **Among the list of documents for this meeting are the following: 1. Conservation Commission Approved Planting List: Cape Cod Cooperative Extension Service (www.capecodextension.org), list of native woody plants for coastal/inland wetland buffer zones depicting the species, size and natural spacing of plants 2. Massachusetts Department of Agricultural Resources…Invasive Plants in Massachusetts1/1/05 3. Administrative Report of the Conservation Administrator 4. Meeting recording, Town of Brewster Website http://town.brewster.ma.us