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HomeMy Public PortalAboutCPC Packet 11/25/20Town of Brewster Community Preservation Committee 2198 Main St., Brewster, MA 02631 cpcmeeting@brewster-ma.gov (508) 896-3701 MEETING AGENDA Remote Participation Only November 25, 2020 at 4:00 p.m. This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The Town has established specific email addresses for each board and committee so the public can submit comments either before or during the meeting. To submit public comment or questions to the Community Preservation Committee, please email: cpcmeeting@brewster-ma.gov. To view the: Live broadcast: Tune to Brewster Government TV Channel 18 Livestream: Go to www.livestream.brewster-ma.gov Audio/video recording: Go to www.tv.brewster-ma.gov Community Preservation Committee Faythe Ellis Chair Sharon Marotti Vice Chair Elizabeth Taylor Clerk Barbara Burgo Bruce Evans Peggy Jablonski Diane Pansire Paul Ruchinskas Roland Bassett Jr. CPC Assistant Beth Devine 1. Call to order 2. Executive Session -to consider the purchase, taking, exchange, lease or value of real property if such discussion may have a detrimental effect on the negotiating position of the governmental body – CPC briefing on the current status of 1848 Main St. Brewster MA project (Community Preservation Act Historic Preservation.) Approval of minutes from the October 22, 2020 Executive Session 3. Discussion and possible vote to move unexpended $50,000 funds from Brewster Baptist Church award to Historical fund 4. Discussion of Select Board Strategic plan for 2021-2022 5. Overview of Town Charter Draft – request for comments 6. Financial report 7. Project updates a. Millstone Road Affordable Housing update b. Other 8. Approval of minutes from 10/28/20 Public Hearing 9. Approval of minutes from 11/9/20 10. Announcements 11. Items the Chair could not anticipate 12. Next meeting: 12/9/20 at 4PM 13. Motion to Adjourn Date Posted: Date Revised: FY21-22 Select Board Strategic Plan Vision Building Block Goal #Goal Description Higher Priority Timeline Vision Plan FY20-21 SB Plan Primary Responsible Party Other Key Stakeholders Community Character CC-1 Determine policy position on potential changes to Community Preservation Act fund allocation formula X FY21 Community Preservation Committee Select Board; Finance Committee; Open Space Committee; Affordable Housing Trust; Historical Commission; Recreation Commission CC-2 Develop plan to identify/address issues of diversity and inclusion, including potential formation of task force or advisory committee FY21 Select Board & Town Administration Affordable Housing Trust; All Citizens Access Committee; Police Chief CC-3 Engage stakeholders to determine policy position on residential exemption and other potential local tax relief policy options FY21-22 X X Tax Relief Working Group Select Board; Finance Committee; Board of Assessors; Brewster Association of Part-Time Residents CC-4 Continue to implement Age-Friendly Community Action Plan and modify as needed FY21-22 X X Council on Aging Board & Dept Select Board; Town Administration Open Space OS-1 Complete Drummer Boy Park Master Plan Update in coordination with proposed Wing Island boardwalk project X FY21-22 X X Drummer Boy Park Advisory Committee Select Board; Town Administration OS-2 Develop and execute updated plan for Dog Park project (requires future discussion to determine whether to include in Strategic Plan)??X X Dog Park Committee Select Board; Town Administration; Friends of Brewster Dog Park; Community Preservation Committee Housing H-1 Identify Affordable Housing Trust operating/capital needs, develop funding plan, and establish permanent funding mechanism X FY21 X X Affordable Housing Trust & Finance Team Select Board; Finance Committee H-2 Establish housing rehabilitation program and long-term rental assistance program X FY21 X X Affordable Housing Trust Town Administration; Housing Coordinator H-3 Develop affordable housing off Millstone Road X FY21-22 X X Affordable Housing Trust Select Board; Community Preservation Committee; Town Administration; Housing Coordinator Local Economy LE-1 Complete and launch electronic permitting platform, and develop Guide to Doing Business in Brewster to assist residents, contractors, and businesses in navigating local permitting processes FY21-22 X Town Administration IT Director; Building Dept; Health Dept; Planning Dept LE-2 Consider designating Underpass Road as District of Critical Planning Concern with Cape Cod Commission FY22 X X Town Planner Planning Board; Select Board; Town Administration Coastal Management CM-1 Complete gap analysis of local land use regulations along the coastal bank and assess merits of Cape Cod Commission model bylaw FY21 X Town Planner Natural Resources Commission & Dept; Planning Board; Conservation Commission; Board of Health & Dept CM-2 Support new Natural Resources Commission in implementing the Coastal Resource Management Plan and other similar initiatives FY21-22 X Natural Resources Dept Select Board; Town Administration CM-3 Work with MA Department of Conservation and Recreation on Rail Trail extension across Route 6A down to Linnell Landing FY21-22 X X Town Administration Natural Resources Dept; Dept of Public Works; Legislative Delegation; Cape Cod Commission CM-4 Investigate feasibility of new aquaculture program off Wing Island and update related Department of Natural Resources regulations as necessary FY22 X Natural Resources Dept Select Board; Town Administration Water Resources WR-1 Develop clear timeline/plan for moving water quality initiatives forward and determine whether to remain in Cape Cod and Islands Water Quality Protection Fund FY21 X X Water Quality Working Group Select Board WR-2 Identify preferred approach(es) to best address nitrogen and phosphorus mitigation in environmentally sensitive areas FY21-22 X X Water Quality Working Group Board of Health; Conservation Commission; Brewster Ponds Coalition WR-3 Develop and propose stormwater management bylaw (MS4 permit)FY21-22 X X Stormwater Working Group Planning Board; Select Board WR-4 Evaluate vulnerable Water Department utility infrastructure, determine possible improvements/modifications, and implement as possible/applicable FY22 X Water Dept Town Administration 1 FY21-22 Select Board Strategic Plan Vision Building Block Goal #Goal Description Higher Priority Timeline Vision Plan FY20-21 SB Plan Primary Responsible Party Other Key Stakeholders Governance G-1 Present the annual budget in an easily accessible format and provide detailed review of Town's financial status on regular basis X FY21 X X Finance Team Select Board; Finance Committee G-3 Complete design/launch of new, more user friendly Town website and optimize BGTV’s potential as communication tool X FY21 X X Website Working Group Town Administration G-2 Adopt financial policies that are in accordance with 2019 MA Department of Revenue report and best practices, and implement short- and medium-term recommendations of DOR report as applicable X FY21-22 X Finance Team Select Board; Finance Committee G-4 Continue to implement Vision Plan and develop Local Comprehensive Plan that addresses the following key policy issues: 1. Develop a high-level growth policy 2. Identify and evaluate policies / zoning bylaws that recognize and take advantage of potential synergies between affordable housing development and open space preservation 3. Perform a comprehensive review of zoning bylaws, with particular attention to ones that support more housing choice X FY21-22 X X Vision Planning Committee Planning Board; Town Planner; Select Board; Affordable Housing Trust; Open Space Committee G-5 Update Select Board Policy on Board and Committee meetings to improve transparency and provide better access to information FY21 X X Town Administration Select Board; IT Director; BGTV G-6 Identify funding to support creation of new Human Resource Department to focus on the following key initiatives: 1. Implement findings from HR audit 2. Develop succession plans for key staff positions 3. Complete compensation and classification study and related staffing analysis of all union and non-union Town personnel, and implement recommended changes 4. Foster a culture that views residents as customers and Town services as the product - be proactive, transparent, and engaged FY21-22 X Town Administration Select Board G-7 Develop and seek adoption of Town Charter and associated bylaw changes FY21-22 X Charter Committee Select Board; Town Counsel; Boards/Committees & Town Depts G-8 Foster stronger relationships with Nauset School District officials, especially regarding finances FY21-22 Town Administration Select Board; Finance Committee; Nauset Regional School Committee; Brewster School Committee; Nauset School Administration G-9 Actively recruit residents to fill vacancies and provide training/ guidance to volunteers serving on Town Boards and Committees FY21-22 X X Select Board & Town Administration Town Counsel G-10 Determine merits of making longer-term changes to traditional municipal service models – applying lessons learned from pandemic response FY21-22 Town Administration Select Board; Dept Heads 2 FY21-22 Select Board Strategic Plan Vision Building Block Goal #Goal Description Higher Priority Timeline Vision Plan FY20-21 SB Plan Primary Responsible Party Other Key Stakeholders Community Infrastructure CI-1 Complete School Consolidation and Community Center Feasibility Studies via a transparent and engaging public process and work with key stakeholders to determine appropriate next steps X FY21-22 X X Community Center Planning Committee; Nauset School Officials Council on Aging & Dept; Recreation Commission & Dept; Brewster Elementary Schools; Local/Regional Social Service Agencies (Veterans, etc) CI-2 Determine support for the Brewster Ladies Library renovation project FY21 Select Board Brewster Ladies Library Association Board and Dept; Town Administration; Capital Planning Committee; Finance Committee CI-3 Complete comprehensive assessment of Captains Golf operations, finances, and capital needs, and determine feasibility of transitioning to enterprise fund FY21-22 Golf Dept & Finance Team Golf Commission; Select Board; Finance Committee CI-4 Implement 5 Year Green Community Energy Reduction Plan, manage ongoing solar projects with assistance from new Energy Manager, and reduce greenhouse emissions whenever possible FY21-22 Town Administration Select Board; Energy Committee; Facilities Manager CI-5 Complete Hazard Mitigation Plan and seek to implement Municipal Vulnerability Preparedness projects that support climate change adaptation FY21-22 X Town Planner & Town Administration Dept of Public Works; Natural Resources Dept; Water Dept; Fire Dept CI-6 Continue to invest in road infrastructure in the following key areas: 1. Complete design and construction of Millstone Road 2. Develop Complete Streets Prioritization Plan and seek project grant funding 3. Complete update to Pavement Management Plan 4. Develop comprehensive Road Capital Plan & consider merits of seeking 2nd major road bond FY21-22 X X Town Administration & Dept of Public Works Select Board; Capital Planning Committee Pandemic Response & Recovery PR-1 Continue to deliver essential services to residents while reducing risk of coronavirus transmission in all municipal activities, properties, and facilities X FY21-22 Town Administration Select Board; Town Depts PR-2 Communicate effectively with the public, town employees/volunteers, business community, and visitors about town policies/actions related to the pandemic X FY21-22 Town Administration & Health Dept Select Board; Town Depts PR-3 Encourage and facilitate voting by mail for upcoming elections, and implement pandemic safety measures for in-person voting at elections and Town Meeting FY21 Town Administration & Town Clerk Town Depts PR-4 Determine and implement best approach to Board/Committee meetings FY21 Select Board & Town Administration BGTV; Facilities Manager PR-5 Communicate and coordinate local response/recovery efforts with regional partners FY21-22 Town Administration Select Board PR-6 Continue to monitor and support employee wellness FY21-22 Town Administration Select Board; Dept Heads 3 Town of Brewster Charter Committee Karen Whitney Citizen Chair Richard Koch Citizen Vice Chair Cindy Bingham Member of Select Board Clerk Peter Lombardi Town Administrator William Meehan Member of Finance Committee Charles Sumner Town Moderator Colette Williams Town Clerk TODAY’S MEETING ●GOALS ○Pr esent charter to Select Board ○Identify remaining open policy questions to Select Board ○Provide Select Board guidance on next steps ○Record Select Board feedback for later consideration by Charter Committee ●NEXT STEPS ○Full draft will be made available on the town website after presentation to the Select Board ○Select Board provides additional feedback to Charter Committee ○Upon Select Board feedback, Charter Committee requests input from other town officials ○Thereafter, conduct community forums to discuss and request resident input 2 CHARTER COMMITTEE OVERVIEW ●GOALS ○Create a single governing document for form, structure, and organization of the town. ○Set clear lines of authority and responsibilities. ○Review and define powers of administrator of town. ○Review and define powers of elected and appointed boards. ○Coordinate operations of various departments. ○Seek to minimize changes to existing practices. ●CHANGE IN ORDER TO: ○Resolve ambiguities and conflicts between and among town bylaws and/or state laws. ○Memorialize current town practices. ○Apply best practices in local governance based on input from MA Department of Revenue and various town committees (Government Study Committee and Vision Advisory Group). ●DELIVER TO SELECT BOARD ○Special Legislation ACT TO ESTABLISH A CHARTER FOR THE TOWN OF BREWSTER, based on frameworks established by the committee with guidance from town counsel. 3 CHARTER COMMITTEE FACT -GATHERING ●Reviewed findings from: ○2016 Government Study Report ○2018 Vision Plan ○2019 Dept. of Revenue Report ●Reviewed town charters from several MA towns. ●Interviewed Town Managers from Chatham and Sandwich regarding their town’s charters and representatives from the Massachusetts Municipal Manager Association’s Form of Government Committee. ●Interviewed and received feedback from elected officials, town employees, boards, commissions, and committees including: ○Select Board, Assistant Town Administrators, Police Chief, Fire Chief, Constable, Finance Committee, Board of Assessors, Finance Director, Treasurer/Collector, Deputy Assessor, Planning Board, Town Planner, Board of Health, Health Director, Recreation Commission, Recreation Director, Old King's Highway Historic District Committee, Library Director, Library Board of Directors, Water Superintendent, and Water Commission. 4 CHARTER DOCUMENT GENERALLY ●Seeks to provide context but avoid too many references to statutes. ●Include language about permissible actions & timing during states of emergency. ●Notable changes and additions are summarized in this presentation but text of charter should be consulted for full meaning and context. 5 SELECT BOARD GUIDANCE ●Select Board has ability now to revise charter as-presented . ●Charter Committee is available to consult on questions and requested changes. ●At Town Meeting, a vote to approve the Act would also grant authority to Select Board to revise charter in accordance with requirements from General Court. ●Further questions and policy items to be answered are shown herein in red bolded text . 6 AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER ●SECTION 1. CONTAINS THE CHARTER LANGUAGE. ○Note from counsel: the General Court is very particular about the capitalization of names other than the name of the Town and State. For that reason, all names of offices, etc., will be in lowercase text in the charter document. ●SECTION 2. CONTINUATION OF EXISTING LAWS. ○Standard language regarding charter provisions shall govern and those town by-laws, rules, regulations, orders and special acts not superseded by the charter remain in force. ●SECTION 3. CONTINUATION OF GOVERNMENT. ○Standard language regarding town offices, boards, commissions or agencies shall continue to perform their duties upon effective date of Act. ●SECTION 4. CONTINUATION OF PERSONNEL. ○Standard language regarding personnel of town shall continue to perform their duties upon effective date of Act. 7 AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER ●SECTION 5. TRANSFER OF RECORDS AND PROPERTY. ○Standard language defines the extent to which powers, duties, records, equipment, and property are transferred among town offices, boards, commissions, committees or agencies. ●SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. ○Standard language regarding the charter not rendering town obligations invalid. ●SECTION 7. TRANSITION. ○This will address any transitional language that might be needed. For example, change of term s for Planning Board. ●SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its passage. ○Charter Committee recommends bringing the charter to vote at May 2021 Town Meeting but NOT to the polls. ○Included with vote at Town Meeting will be authority of Select Board to modify charter as requested by General Court.8 SECTION 1: CHARTER CHAPTERS ●CHAPTER 1 POWERS OF THE TOWN ●CHAPTER 2 TOWN MEETINGS AND ELECTIONS ●CHAPTER 3 THE SELECT BOARD ●CHAPTER 4 TOWN ADMINISTRATION ●CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES ●CHAPTER 6 FINANCIAL PROVISIONS ●CHAPTER 7 BY-LAWS AND CHARTER – ADOPTION, AMENDMENT AND PERIODIC REVIEW 9 CHAPTER 1 POWERS OF THE TOWN ●Keep current form of government 10 CHAPTER 1 POWERS OF THE TOWN SECTION 1 Incorporation 1-1-1. The present town of Brewster, Massachusetts, within its corporate limits as now established, shall continue to be a body politic and corporate under the name, town of Brewster. SECTION 2 Scope of Town Powers 1-2-1. The town shall possess and exercise all powers possible under the constitution and laws of the commonwealth of Massachusetts as fully and completely as though those powers were expressly enumerated in this chapter. SECTION 3 Form of Government 1-3-1. This charter provides for a select board-open town meeting-town manager form of town government. SECTION 4 Construction of Charter 1-4-1. The power of the town under this charter shall be construed liberally in favor of the town, and the specific mention of particular powers in the charter shall not be construed as limiting in any measure the general powers of the town as stated in section 1-2-1. SECTION 5 Intergovernmental Relations 1-5-1. The town may exercise, consistent with the law, any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more civil divisions, subdivisions or agencies of the commonwealth, other states or of the United States government. CHAPTER 2 TOWN MEETINGS AND ELECTIONS ●Keep Annual Town Meeting held on the first Monday in May and a Fall Town meeting ●NOTABLE CHANGES ○Fall town meeting may be canceled by Select Board no later than September 15 in any year, so long as no more than 5 petitioned articles articles have been submitted for inclusion on the warrant ○Post the warrant on the Town website and make the same available, rather than require “publication” ○Moderator term of 3 years (instead of 1 year ) ○Allowing for adjustment in quorum and timing of elections during state of emergency. ●NEW ○To open a continued session of town meeting, requiring no less than half the quorum previously established ○Once quorum is initially attained, there is no requirement for it to be maintained (no ability to call quorum) ○Moderator shall appoint a Deputy Moderator ○Assistant Town Clerk shall serve as clerk of meeting in absence of Town Clerk, regardless of w hether such assistant is a resident or registered voter of the town ○Recall petition must name lead petitioner 11 CHAPTER 3 THE SELECT BOARD ●Keep the number of members at five. Retain role as the primary policy- m aking, planning, and goal-setting agency of the Town. Retain ability to appoint all non-elected boards and committees. Retain budget decision making authority. Retain the authority to hire the chief administrative officer of town ( to be named Town Manager - see next slide). ●NOTABLE CHANGES ○Require consultation with the Town Manager for Board’s hiring of: Fire Chief, Police Chief, a nd Town Counsel (advise & consent role). ○Will no longer appoint Town Clerk, Director of Operations of the Captains Golf Course, or em ployees of Police Departm ent. ○Disband Personnel Comm ittee. ●NEW ○Authority to delegate licensing responsibility to the Town Manager or a board created for such purposes for issuance and enforcem ent of one or m ore licenses 12 CHAPTER 4 TOWN ADMINISTRATION ●Keep Select Board authority to appoint the Town Manager and to: ○Determine/negotiate compensation . ○Set term of service. ○Remove from office for cause. ●NOTABLE CHANGES ○Title of chief administrative officer of town will be Town Manager ○Town Manager assumes all personnel/hiring responsibilities except for those identified with respect to Select Board and employees of the school department ○Acts upon recommendations from the Police Chief and the Fire Chief, respectively, for appointment of employees of the Police and Fire Departments ○Consults with appropriate department head or multiple-member body for appointment of employees of other departments as applicable ●Keep – Town Manager: ○Supervises all department heads and employees ○Prepares financial forecast, operating budget and capital improvement plan ●NEW – Town Manager: ○Residency requirement within 1 year of employment, with ability of Select Board to waive by supermajority vote ○Assumes full authority to act for the town during emergencies and to appoint an emergency management director 13 CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES ●KEEP – All elected town officers ●NOTABLE CHANGES ○Planning Board for 4 year terms (currently 5 years) ○Moderator for 3 year term (currenly 1 year ) ○Constable for a 3 year term (currently 1 year ) ●NEW ○Allows Select Board to appoint up to 2 alternate members to serve on elected and appointed boards (1-2 year terms) ○Ability to deem board/committee positions vacant for lack of regular attendance ○The authority of the constable will be limited to the posting of the warrant for the town meeting, and constable being subject to reasonable regulations proposed by Police Chief and approved by the Select Board 14 CHAPTER 6 FINANCIAL PROVISIONS 15 ●Keep budget schedule timeframe ●NOTABLE CHANGES ○Town Manager may appoint a committee to assist with preparation of five-year capital improvement plan. This will override existing bylaw. The Department of Revenu e recommending eliminating Capital Improvement Committee. Requesting Select Board’s input here. ○Allowing for adjustment in timing of budget adoption during state of emergency. ●NEW ○Town Manager to prepare five-y ear capital im provem ent plan. CHAPTER 7 BY -LAWS AND CHARTER – ADOPTION, AMENDMENT AND PERIODIC REVIEW ●Keep the periodic review of by-laws ●Keep adoption and amendment of general and zoning by-laws shall be approved in accord with applicable general laws. (Consistent with current practice of: simple majority approval needed at Town Meeting to approve non-zoning by-law changes. Zoning by-law changes will still require a two - thirds majority to succeed .) ●NEW ○Periodic review of by-laws to be conducted at least every 10 years. ○Periodic review of charter to be not less than every 10 years by a committee of no fewer than 5 and not more than 9 members to be appointed by the Select Board; review of the charter to begin 5 years after the by-laws review. ○Major amendments to charter (relating in any way to the composition, mode of election or appointment or terms of office of the legislative body, select board or the town manager) may be proposed only by a charter commission elected under the General Laws, or proposed pursuant to special legislation as otherwise authorized by the Massachusetts constitution. ○Minor Amendments to the charter (relating to other matters) may be proposed by a two- thirds vote at a duly called town meeting under the General Laws, and then approval at the polls by the voters of the town, or proposed pursuant to special legislation as as otherwise authorized by the Massachusetts constitution. 16 November 2020 – Present draft charter to Select Board November 2020 - Request charter feedback from Town Officials December 2020 - Update charter in response to Feedback January 2021 - Conduct community forums to inform , review, discuss and request input from voters. February 2021 - Finalize charter and present to Select Board for inclusion on Town Warrant March -April 2021 - Continue Public Outreach May 2021 - Town Meeting Deliberation and Vote … Thereafter Submit to State Legislature for Approval TIMELINE 17 Thank You! Public comment E-mail chartercommitteemeeting@brewster-ma.gov Questions? Contact Karen Whitney, Chair, at kwhitney@brewster-ma.gov UPDATES AVAILABLE AT: https://www.brewster-ma.gov/committees-mainmenu-29/charter-committee AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER Table of Contents SECTION 1. CHARTER .....................................................................................................2 SECTION 2. CONTINUATION OF EXISTING LAWS .................................................21 SECTION 3. CONTINUATION OF GOVERNMENT ...................................................21 SECTION 4. CONTINUATION OF PERSONNEL ........................................................21 SECTION 5. TRANSFER OF RECORDS AND PROPERTY........................................21 SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. .........................................21 SECTION 7. TRANSITION .............................................................................................22 SECTION 8. TIME OF TAKING EFFECT .....................................................................22 DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -2- AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Notwithstanding any general or special law to the contrary, the following shall be the charter for the town of Brewster: CHAPTER 1 POWERS OF THE TOWN SECTION 1 Incorporation 1-1-1. The present town of Brewster, Massachusetts, within its corporate limits as now established, shall continue to be a body politic and corporate under the name, town of Brewster. SECTION 2 Scope of Town Powers 1-2-1. The town shall possess and exercise all powers possible under the constitution and laws of the commonwealth of Massachusetts as fully and completely as though those powers were expressly enumerated in this chapter. SECTION 3 Form of Government 1-3-1. This charter provides for a select board-open town meeting-town manager form of town government. SECTION 4 Construction of Charter 1-4-1. The power of the town under this charter shall be construed liberally in favor of the town, and the specific mention of particular powers in the charter shall not be construed as limiting in any measure the general powers of the town as stated in section 1-2-1. SECTION 5 Intergovernmental Relations 1-5-1. The town may exercise, consistent with the law, any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more civil divisions, subdivisions or agencies of the commonwealth, other states or of the United States government. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -3- Chapter 2 TOWN MEETINGS AND ELECTIONS SECTION 1 Legislative Power 2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all registered voters of the town. SECTION 2 Open Town Meeting 2-2-1 Business sessions of the annual town meeting shall be held on the first Monday in May and may be continued on such additional days as may be decided by the town meeting. There shall also be a second business session of the annual town meeting held in the last 3 months of the calendar year on a date to be determined by the Select Board, which meeting shall be an "annual town meeting" for purposes of the General Laws; provided, however, that the Select Board may, at its discretion, cancel said fall annual town meeting no later than September 15 in any year, so long as no more than 5 petitioned articles have been submitted for inclusion on the warrant at said fall annual town meeting and notice of the board's action with regard to such meeting shall be posted on the town's website and principal bulletin board. The board's decision as to whether to hold a fall town meeting shall not prohibit the board from calling for a special town meeting, from time to time, at its discretion. SECTION 3 Warrant 2-3-1 Town Meeting Warrants a) Except for procedural matters, all subjects to be acted on by town meeting shall be placed on warrants issued by the Select Board. b) The date of the closure of the warrant to petitioned articles shall be set by bylaw. 2-3-2 Posting In addition to any notice required by the General Laws, the Select Board shall post the town meeting warrant in 5 locations in town and make available sufficient copies of the warrant for the town meeting for all registered voters. The Select Board shall post the warrant on the Town website and make the same available at town facilities and other common locations throughout the town at least two 2 weeks prior to the town meeting; provided, however, that failure to timely post the warrant on the website or to make such copies available no later than 1 week prior to the date of the town meeting shall not invalidate or otherwise affect the legality or validity of the actions taken at the town meeting. SECTION 4 Citizen Petitions 2-4-1 Any 10 voters of the town may secure, by written petition to the Select Board, the inclusion of an article for the warrant of any duly scheduled annual town meeting, and at least 100 registered voters may secure the same for any duly scheduled special town meeting. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -4- 2-4-2 The Select Board may provide a pre-petition process whereby petitioners can seek review of proposed petitions prior to submission. SECTION 5 Quorum 2-5-1 The town meeting shall establish by town by-law a quorum requirement for the opening of its business, but a smaller number than the established quorum may adjourn immediately any meeting to a stated date, time and place; provided, however, that in the event of a state of emergency declared by the Governor to protect the public health or safety, the quorum may be reduced in the manner set forth in Section 7 of Chapter 92 of the Acts of 2020. 2-5-2 To open a continued session of town meeting, no fewer than ½ the quorum established pursuant to section 2-5-1 shall be present. 2-5-3 Once a town meeting has been called to order there shall be no minimum quorum required to conduct the business of the Town. SECTION 6 Presiding Officer 2-6-1. Moderator. A moderator, who shall be a registered voter of the town, shall be elected for a 3-year term. All sessions of the town meeting shall be presided over by a moderator, elected as provided in section 2-10-1. The moderator shall regulate the proceedings, decide questions of order and make public declarations of all votes. The moderator shall have all of the powers and duties given to moderators pursuant to the constitution and the General Laws, and such additional powers and duties as may be authorized by the charter, by by-law or by other town meeting vote. 2-6-2 Deputy Moderator. The moderator shall appoint a deputy moderator for a one-year term who shall, in the event the moderator is absent or has a conflict, serve as moderator. 2-6-3 Vacancy. If the office of moderator becomes vacant, the Select Board shall appoint an acting moderator, who shall not be an elected town officer, who shall serve as such until the next scheduled election of town officers. SECTION 7 Rules 2-7-1. Unless otherwise provided by bylaw, rules of procedure for the town meeting shall be in accord with Town Meeting Time, as it may be amended from time to time. SECTION 8 Clerk of the Meeting 2-8-1 The town clerk shall serve as the clerk to the town meeting. In the event that the town clerk is absent, the assistant town clerk shall so serve, regardless of whether such assistant is a resident or registered voter of the town. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -5- SECTION 9 Report 2-9-1 A journal of the proceedings of the town meeting shall be kept as a permanent record in the town clerk’s office and it shall be a public record. SECTION 10 Elections 2-10-1 The Annual Election for the election of officers and such matters as are by law determined by ballot shall be held on the third Tuesday in May. Whenever the Annual Election for the election of officers and such matters as are by law determined by ballot falls fewer than two weeks after the scheduled beginning of the Spring Annual Town Meeting, then the Annual Election shall be held on the fourth Tuesday in May. Notwithstanding any other provision of this paragraph, however, the Select Board may, delay the date of the Annual Election if the Governor has declared a state of emergency to protect the public health or safety. SECTION 11 Recall 2-11-1 Elected Officers May be Recalled Any holder of an elected office in the Town of Brewster may be recalled therefrom by the registered voters of the Town as hereinafter provided, for reason of lack of fitness, incompetence, neglect of duties, corruption, malfeasance, misfeasance, or violation of oath; provided, however, that the question of whether the reasons justify recall shall be determined by the voters. 2-11-2 Initiation of petition; submission; certification Any 25 registered voters of the Town of Brewster may initiate a recall petition by filing with the Town Clerk an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall, and specifying the lead petitioner. The Town Clerk shall thereupon make available to said lead petitioner copies of petition blanks demanding such recall, printed copies of which the Town Clerk shall keep available. Such blanks shall be issued by the Town Clerk under the Town seal, and be dated, be addressed to the Select Board, and shall contain the names of all the persons to whom they are issued, the name of the person whose recall is sought, the grounds of recall as stated in the affidavit, and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of the Town Clerk. Said recall petition shall be returned and filed with the Town Clerk within 20 days after notification by the Town Clerk to the lead petitioner that the recall petitions are available, and shall have been signed by at least 12% of the registered voters of the Town as of the last regular election, who shall add to their signatures the street and number, if any, of their residence. The Town Clerk shall within one working day of receipt submit the petition to the Registrars of Voters in the Town, and the Registrars shall within 5 working days certify thereon the number of signatures which are names of registered voters of the Town. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -6- 2-11-3 Delivery to officer; order of election If the petition shall be found, and certified by the Town Clerk and Board of Registrars to be sufficient, the Town Clerk shall submit the same with the Town Clerk's certificate to the Select Board within three working days, and the Select Board shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled. If the officer does not resign within 5 days thereafter, the Select Board order an election to be held on a date fixed by it not less than 65 and not more than 90 days after the date of the Town Clerk's certificate that a sufficient petition has been filed; provided, however, that if any other Town election is to occur within 100 days after the date of certification, the Select Board shall postpone the holding of the recall election to the date of such other election. No person shall be subject to recall if their term of office expires within 90 days of the certification. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section. 2-11-4 Conduct of Election An officer sought to be removed may be a candidate to succeed themselves and unless they request otherwise in writing, the Town Clerk shall place their name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the removal election, and the conduct of same, shall all be in accordance with the provisions of law relating to elections. 2-11-5 Action upon completion of election The incumbent shall continue to perform the duties of the office until the recall election. If then re-elected, they shall continue in office for the remainder of their unexpired term subject to recall as before, except as provided in this Charter. If not re-elected in the recall election, they shall be deemed removed upon the qualification of their successor, who shall hold office during the remainder of the unexpired term. If the successor fails to qualify within 10 days after receiving notification of their election, the incumbent shall thereupon be deemed removed and the office vacant. 2-11-6 Ballots to be used A. Ballots used in a recall election shall submit the following propositions in the order indicated: (1) For the recall of (name and title of officer). (2) Against the recall of (name and title of officer). B. Under the propositions shall appear the word "Candidates," the directions to the voters required by MGL c. 54, § 42, and beneath this the names of candidates nominated in accordance with the provisions of law relating to election. If a majority of the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -7- elected. If a majority of the votes on the question is in the negative, the ballots for candidates shall not be counted. 2-11-7 Time limits on filing of petitions No recall petition shall be filed against an officer within 90 days after taking office, nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least six months after the election at which their recall was submitted to the voters of the Town. No person who has been recalled from an office or who has resigned from office following the filing of a recall petition shall be appointed to any Town office within two years after such recall or such resignation. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -8- CHAPTER 3. THE SELECT BOARD SECTION 1 Composition, Compensation and Vacancies 3-1-1 There shall be a Select Board consisting of five members elected for three-year overlapping terms. The Board collectively shall serve as the executive branch of Town Government. For purposes of the Massachusetts general laws and regulations, any special laws applicable to the Town of Brewster, as well any local law or regulations, the “Select Board” referred to hereunder shall have all the powers, duties and responsibilities of a Board of Selectmen. 3-1-2 A chair, vice-chair and clerk shall be elected by the Select Board at the first meeting following each regular town election. 3-1-3 Three Select Board members shall constitute a quorum. 3-1-4 Each member of the Select Board may receive an annual stipend as set forth in the Brewster Bylaws, subject to appropriation by Town Meeting. 3-1-5 If a member of the Select Board dies, resigns, is convicted of a felony while serving, or ceases to be a registered voter, the resulting vacancy may be filled by special election in accordance with Massachusetts General Laws. SECTION 2 General Powers and Responsibilities 3-2-1 The Select Board shall exercise the powers and duties prescribed by the Massachusetts General Laws, this Charter, and the Brewster General Bylaws. The Select Board may delegate powers and duties to the Town manager or to another Town Board. The Select Board shall enforce the laws and orders of the Town, including this Charter. 3-2-2 The Select Board shall be the primary policy-making, planning, and goal-setting agency of the Town; provided, however, that no individual member of the board, nor a majority of them, shall at any time, attempt to become involved in the day-to-day administration of the affairs of the town. It is the intention of this provision that the select board shall act only through the adoption of policy directives and guidelines which are to be implemented by officers and employees appointed by or under its authority. 3-2-3 The Select Board, following the development of the proposed budget by the Town manager, shall review the annual proposed operating and capital budgets submitted by the department heads, and shall make the main motion under the budget article at the Annual Town Meeting. 3-2-4 The Select Board shall protect the assets of the Town. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -9- 3-2-5 The Select Board shall approve all collective bargaining agreements of the Town negotiated by the Town manager, consistent with the provisions of G.L. c.150E as it may be amended from time to time. 3-2-6 The Select Board shall, no less than one time per year, meet jointly with the Finance Committee, the Brewster School Committee, the Regional School Committee, and the Cape Cod Technical School Committee, or their respective designees, for the purpose of sharing information. 3-2-7 The Select Board shall be the licensing authority of the Town and shall have the power to issue licenses, to make all necessary rules and regulations regarding the issuance of said licenses and to attach conditions and restrictions thereto as it deems to be in the public interest, and to enforce the law relating to all business for which it issues licenses; provided, however, that the Board may, at its discretion, delegate responsibility to the town manager or a board created for such purposes for issuance and enforcement of one or more licenses. 3-2-8 The Select Board shall ensure that the Brewster General Bylaws are kept current. 3-2-9 The Select Board shall be responsible to ensure that the Town manager complies with the Charter. SECTION 3 Written Records and Communication to the Town 3-3-1 Any goal, policy, plan, or official act adopted by the Select Board shall be in writing and included in its entirety in the minutes of the Meeting at which it was adopted. The Town manager shall ensure that a file containing a complete list of the Select Board’s current policies and goals be posted on the Town’s website for public reference. The Select Board shall designate to the Town manager the publishing of an Annual Town Report for each calendar year. 3-3-2 Before July 31 and after the Annual Town Election, the Select Board shall hold a Meeting for the purpose of stating the Board's goals for the next fiscal year(s), referred to as the Annual Goal Setting Meeting. SECTION 4 Powers of Appointment 3-4-1 The Select Board shall select, and enter into a contract with, a Town manager. If the Town manager position becomes vacant for any reason, the Select Board shall designate a qualified person to serve in an acting capacity. 3-4-2 The Select Board shall appoint, following consultation with the Town manager, the Fire Chief, Police Chief, and Town Counsel. 3-4-3 The Select Board shall appoint members of all boards, committees and commissions, except as otherwise provided in this charter. The Select Board may remove any member of any board it appoints, following the opportunity for a hearing; provided, however, that failure to reappoint following the expiration of an appointed term shall not constitute removal. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -10- 3-4-4 The Select Board may appoint ad hoc committees as it deems necessary. 3-4-5 The Select Board shall adopt a policy establishing a code of conduct applicable to all appointed and elected officials, which policy shall be amended from time to time at the board’s discretion. SECTION 5 Investigatory Powers 3-5-1 The Select Board may investigate the alleged misconduct of the Town manager, any Town Board, or any member of a Town Board. The Select Board may direct the Town manager to investigate the affairs of the Town, the conduct of any Town Department or Town Employee, and any claim against the Town. 3-5-2 Any potentially criminal matter shall be referred to the appropriate law enforcement agency. SECTION 6 Limitations and Public Ceremonies 3-6-1 Unless specifically provided in State law, a member of the Select Board may not hold any other position in Town Government, whether appointed or elected, paid or unpaid, that is created by the Select Board or Town Meeting; provided, however, that serving in an ex officio capacity shall not be considered a separate position for purposes of this paragraph. Further, service as a representative from the Town to a governmental body other than the Town shall not be prohibited by this provision. 3-6-2 The Select Board, and individual members thereof, shall deal with employees who are under the direction and supervision of the Town manager solely through the Town manager. Furthermore, neither the Select Board nor its individual members shall give direct orders to any such employee. 3-6-3 Except as otherwise specified in this Chapter, the Select Board shall be subject to the same rules as apply to all other Town Boards, including that members have no authority in their individual capacities except as delegated by majority vote of the Board. 3-6-4 The Select Board shall represent the Town for all ceremonial purposes. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -11- Chapter 4 TOWN ADMINISTRATION SECTION 1 Town manager 4-1-1 Appointments and Qualifications The select board shall by majority vote of the entire board appoint a town manager. The method of selection shall be left to the discretion of the select board so long as the method of selection insures orderly, nonpartisan action toward securing a competent and qualified person to fill the position. The town manager shall be chosen solely upon the basis of the individual’s administrative training, education, experience and ability and need not, when appointed, be a resident of the town of Brewster; provided however, that the town manager shall establish such residence within 12 months following the effective date of appointment and provided further that the select board may, by no less than a two-thirds vote of the entire board, extend to a time certain the time for establishing residence or waive this requirement in its entirety. The town manager shall be bonded at town expense. 4-1-2 Compensation The town manager shall receive compensation as may be fixed by the select board within the amount appropriated by Town Meeting and according to the town manager’s expertise, education and training. Any contract between the select board and town manager shall be made pursuant to section 108N of chapter 41 of the General Laws. 4-1-3 Term and Removal The town manager may be appointed for a definite term, but may be removed at the discretion of the select board by vote of the majority of the entire board. The action of the select board in suspending or removing the town manager shall be final. It is the intention of this charter to invest all authority and fix all responsibilities of such suspension or removal in the select board. 4-1-4 Powers and Duties The town manager shall be responsible to the select board for the proper administration of all the affairs of the town consistent with the General Laws and this charter, and shall: (A) appoint for a term of years or, at the town manager’s discretion, for an unlimited period, all town employees, including civil service positions, not otherwise addressed herein, but excluding employees of the school department, provided, however, that the town manager shall: i. Act upon recommendations from the Police Chief and the Fire Chief respectively, for appointment of employees of the Police and Fire Departments: ii. Consult with appropriate department head or multiple-member body for appointment of employees of other departments or multiple-member bodies. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -12- (B) supervise, discipline, suspend or remove all appointed department heads and employees and organize and structure all town departments accordingly; (C) administer and enforce the General Laws or special acts of the commonwealth or town by- laws and all regulations established by the select board; (D) coordinate activities of all town departments; (E) attend all sessions of the town meeting and answer all questions addressed to the town manager which are related to the warrant articles and to matters under the general supervision of the town r administrator; (F) keep the select board fully informed as to the needs of the town and recommend to the select board for adoption such measures requiring action by the board or by the town as the town manager deems necessary or expedient; (G) ensure that complete and full records of the financial and administrative activity of the town are maintained and render reports to the select board as may be required; (H) be responsible for the rental, use, maintenance, repair and the development of a comprehensive maintenance program for all town facilities; (I) serve as the chief procurement officer for purposes of G.L. c.30B and be responsible for the purchase of all supplies, materials, and equipment, approve the award and execute all such contracts; provided, however that any contract over $1,000,000, or such higher amount as shall be approved by the select board from time to time, shall require approval by the select board; (J) develop and maintain a formal and complete inventory of all town-owned real and personal property and equipment; (K) propose personnel policies for approval by the Select Board and administer all personnel policies, practices, rules and regulations, any compensation plan and any related matters for all municipal employees and administer all collective bargaining agreements entered into by the town; (L) fix the compensation of all town employees and officers appointed by the town manager; within the limits established by appropriation and any applicable compensation plan and collective bargaining agreements; (M) be responsible for the negotiation of all contracts with town employees regarding wages and other terms and conditions of employment, except employees of the school department. The town manager may, subject to the approval of the select board, employ special counsel to assist in the performance of these duties. Collective bargaining agreements shall be subject to the approval of the select board in accord with the provisions of G.L. c.150E; DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -13- (N) be responsible for the preparation and development of the financial forecast, annual operating and capital budgets and 5-year capital improvement plan, consistent with policy guidance provided by the select board, and prepare and submit to the select board and finance committee such budget and plan, and be responsible for the administration of such budget and plan after their adoption; (O) keep the select board and the finance committee fully informed as to the financial condition of the town and make recommendations to the select board; (P) prepare and submit to the select board at the end of the fiscal year a comprehensive report on the finances and the activities and operations of all departments, boards and committees of the town; (Q) investigate or inquire into the affairs of any town department or office; (R) have full authority to act on behalf of the town during emergencies, including direction of town personnel, declaring states of emergency, opening the emergency operations center and shelters and the emergency expenditure of funds, and to delegate any and all such responsibility by appointing an emergency management director who is a town employee duly trained in public safety, and a deputy emergency management director to assist the emergency management director and to assume the duties of the emergency management director in their absence; (S) delegate, authorize or direct any subordinate or employee in the town to exercise any power, duty, or responsibility that the office of town manager may exercise, provided, that all acts performed under such delegation shall be deemed the acts of the town manager; and (T) perform such other duties as necessary or as may be assigned by this charter, town by-law, town meeting vote, or vote of the select board. 4-1-5 Acting Town manager The town manager shall appoint as acting town manager a town employee who shall perform the duties of the town manager in the town manager’s absence. In the event of long-term disability or absence exceeding two weeks, or the resignation, termination or vacancy in the office of town manager, the select board shall appoint an acting town manager for the duration of any such disability or until appointment of a permanent town manager. No member of the select board shall serve as acting town manager. SECTION 2 Town Counsel 4-2-1 The board shall appoint a competent and duly qualified and licensed attorney practicing in the commonwealth to be the counsel for the town. Town counsel shall receive such compensation for services as may be fixed by the select board and shall hold office at the pleasure of the board. The town counsel shall be the legal adviser of all of the offices and departments of the town and shall represent the town in all litigation and legal proceedings; provided however, that the select board may retain special counsel at any time the board deems DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -14- appropriate and necessary. The town counsel shall review and concur or dissent upon all documents, contracts and legal instruments in which the town may have an interest. The town counsel shall perform other duties prescribed by this charter, town by-law or as directed by the select board. No employee, committee or board, elected or appointed, other than the select board, shall contact or otherwise interact with the town or labor counsel in a manner inconsistent with the policy relative to access to counsel established by the select board. This provision shall not limit the school committee from retaining its own legal counsel. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -15- CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES SECTION 1 Elected Town Officers. 5-1-1 The registered voters of the Town of Brewster shall, in accordance with any applicable laws, bylaws, voters of the Town or interlocal agreement, elect the following: (A) Moderator for a 3 year term; (B) Select Board of 5 members, each for a 3 year term; (C) Brewster School Committee of five members, each for a 3 year term; (D) Representatives to the Nauset School District Committee, as the Regional School Agreement shall provide, and as it may be amended from time to time; (E) Board of Health of five members, each for a 3 year term; (F) Planning Board of seven members for four year terms; (G) Recreation Commission of 5 members for 3 year terms; (H) Historic District Committee of 5 members, with 4 elected members and 1 member appointed by the Select Board, each for a 3 year term; (I) Housing Authority of five members, with members to be elected or appointed in accordance with requirements of state law; and (J) Constable for a 3 year term, provided, however, that the authority of the elected constable in the town of Brewster shall be limited to the posting of the warrant for the town meeting, provided, further, that the person holding such position shall conform to any reasonable regulations proposed by the chief of police and approved by the Select Board. SECTION 2 Appointed Boards and Committees 5-2-1 General Authority (A) Additional boards and committees may be created by adoption of bylaws, votes of town meeting, or votes of the Select Board. A list of any such boards and committees, specifying the number of members, terms of office, if any, and listing their respective charges, shall be maintained in the office of the Town Clerk. (B) Notwithstanding any other provision of this charter or general laws to the contrary, any person so appointed may be removed by the appointing authority, following notice and the opportunity for a hearing. 5-2-2 Committee Charge DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -16- Each board or committee set forth in Sections 5-1 and any created under Section 5-2-1 shall be organized and charged with, as applicable, the powers and duties specified in the General Laws and special acts of the commonwealth, town by-laws, town meeting vote, vote of the Select Board, or otherwise as provided elsewhere in this charter. 5-2-3 Committee Organization and Report Each board or committee shall, at its first meeting following the annual town election, elect a chair, vice chair and clerk, and shall cause the select board and the town clerk to be notified of its selection. All boards and committees created under Chapter 5 of this Charter, or pursuant to a bylaw, shall make a written annual report of their activities to the select board. 5-2-4 Resignation from Committee (A) No resignation of any elected town officer under Section 5-1, and of any appointed committee created by this charter or by bylaw under Section 5-2 or 5-3, shall be deemed effective unless and until such resignation is filed with the town clerk or at such later time certain as may be specified in such resignation. (B) In the event an appointed board or committee member misses 3 consecutive meetings without the permission of the chair, the chair shall notify the appointing authority, which may, after the provision of notice to the member and an opportunity for a hearing, deem such position to be vacant. SECTION 3 Moderator Appointments 5-3-1 Power to appoint The moderator shall have the power to appoint members of those boards and commissions authorized under this chapter, bylaw, or vote of town meeting. Appointments made by the moderator shall in each instance be for a fixed term and such appointments shall not be subject to review or confirmation by any other person or group. 5-3-2. Finance Committee. (A) Establishment; membership. There shall be a Finance Committee appointed by the Town Moderator consisting of nine residents of the Town who shall serve without pay and who shall hold no other Town office or employment, each of whom shall serve a three year term beginning on July 1 and terminating on June 30 of the third year following appointment. Any member of the Finance Committee may be removed at the Moderator’s discretion after written notice and the opportunity for a hearing. Vacancies on the Committee shall be filled by the Moderator for the remainder of the original term. (B) Duties. The finance committee shall consider all the articles in any town meeting warrant, and report to town meeting its recommendations by posting the same on the Town website, and in any other manner it deems appropriate. Following the drawing up of the warrant for a town meeting, the Select Board shall forthwith forward the same to the members of the finance DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -17- committee. The finance committee shall annually prepare for the annual town meeting a comprehensive summary of the current condition of the Town’s finances. (C) Investigative Authority. To carry out these duties, the finance committee shall have authority to investigate the books, accounts and management of any department of the town. (D) Annual Financial Summary. The finance committee shall prepare a comprehensive summary of the current condition of the town’s finances to be presented by the finance committee to the voters at the annual town meeting. SECTION 4 Alternate Members of Certain Multiple-Member bodies 5-4-1 Alternate Members of Certain Elected Boards The select board, following consultation with a board elected under Section 5-1-1(C), (E), (F), (G) or (H), may appoint not more than 2 alternate members to serve for terms of 1 or 2 years. The chair of each board to which alternate members have been appointed may designate an alternate member to sit on the board in the case of absence, inability to act or conflict of interest, on the part of any member of the board, or in the event of a vacancy. Any vacancies arising in said alternate position shall be filled in the same manner as the original appointment for the remainder of the unexpired term. 5-4-2 Alternate Members of Appointed Boards The appointing authority may, appoint to board appointed under sections 5-2 or 5-4 of this charter, not more than 2 alternate members to serve for terms of 1 or 2 years. The chair of each board to which alternate members have been appointed may designate an alternate member to sit on the board in the case of absence, inability to act or conflict of interest, on the part of any member of the board, or in the event of a vacancy. Any vacancies arising in said position shall be filled in the same manner as the original appointment for the remainder of the unexpired term. SECTION 5 CAPE COD TECHNICAL SCHOOL COMMITTEE AND OTHER REGIONAL ENTITIES 5-5-1 Members of the Cape Cod Technical School Committee shall be appointed or elected in accord with the Regional School District Agreement as it may be amended from time to time. 5-5-2 Election or appointment to other regional entities as may be formed from time to time shall be in accord with an applicable intermunicipal agreement for such purposes. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -18- Chapter 6 FINANCIAL PROVISIONS SECTION 1 Budget Schedule 6-1-1 Annually, before December 1, the town manager shall establish and issue a budget schedule that shall set forth the calendar dates for developing the annual budget for the next fiscal year. 6-1-2 On or before December 15, the town manager shall present a financial forecast to the select board. Thereafter, the select board shall set guidelines for the preparation of the annual budget. 6-1-3 On or before February 1, the town manager shall submit to the select board a proposed line item budget and accompanying message. SECTION 2 Proposed Budget 6-2-1 The budget shall provide a complete financial plan of all town funds and activities, including details on debt and debt service, anticipated income, and proposed expenditures. 6-2-2 The budget message shall begin with a clear general summary of its content and explain in both fiscal terms and program objectives, proposed expenditures for each department, and the projected tax rate. SECTION 3 Budget Adoption 6-3-1 Town meeting shall adopt the annual operating budget, with or without amendments, before the beginning of the fiscal year, except in the event that the governor has declared a state of emergency to protect the public health or safety and the town meeting cannot complete its business as a result thereof. SECTION 4 Capital Planning 6-4-1 Capital Improvement Plan The Town Manager shall prepare a 5-year capital improvement plan, identifying proposed capital outlays or acquisitions in excess of $10,000, or such other sum as shall be determined by the Select Board from time to time, for any one project, whether it be spent in one year or over several years. The Town Manager, in the Manager’s sole discretion, may appoint a committee to assist the Manager with preparation of the plan. 6-4-2. Contents of plan. (A) The plan shall include all Town activities and departments. Proposed capital expenditures for regional entities shall be consistent with the regional or intermunicipal agreement establishing such entities. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -19- (B) The plan shall include a list, by department, of all proposed capital improvements to be undertaken during the next 5 fiscal years and shall include cost estimates, methods of financing and time schedules. This information shall be revised and extended on an annual basis. 6-4-3. Submission to Select Board. (A) The capital improvement plan shall be submitted to the Select Board by February 1 of each year. (B) The Select Board shall, after providing 7 days-notice in the manner required by the Open Meeting Law, G.L. c.30A, §20 and its implementing regulations, hold a public hearing on said plan. Said board shall make the plan available for public inspection. 6-4-4. Submission to Town Meeting. The Select Board shall prepare and submit to every Annual Town Meeting a summary of the capital expenditure plan, identifying all proposed capital expenditures for the next five years estimated to cost $100,000 or more, or such other amount as the Select Board shall decide from time to time, and including the year in which it is anticipated to be expended, the amount and its anticipated source of funding. SECTION 5 Annual Audit 6-5-1 At the close of each fiscal year, and at such times as it may be deemed necessary, an independent audit shall be undertaken of all accounts of the town by a certified public accountant. The audit committee created by bylaw, if any, or in the absence thereof, the select board, shall solicit a firm or firms for such purposes. The certified public accountant so selected shall have no personal interest, directly or indirectly, in the financial affairs of the town or any of its offices. Upon completion of the audit, the results shall reviewed by the audit committee, if any, and by the select board and the finance committee. The results, in a summary form, shall be placed on file in the town clerk's office and on the town website as a public record and in the Brewster public library for public information. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -20- CHAPTER 7 BY-LAWS AND CHARTER – ADOPTION, AMENDMENT AND PERIODIC REVIEW SECTION 1. By-laws 7-1-1 Town Meeting approval. Town by-laws may be proposed by warrant article consistent with the General Laws and this Charter. 7-1-2. Quantum of vote. Adoption and amendment of general and zoning by-laws shall be approved in accord with applicable general laws. 7-1-3. Periodic Review. The select board shall ensure that the town by-laws are reviewed and prepared for any necessary revision at least every 10 years. 7-1-4. Codification and Publication. The town clerk shall codify and republish the town by-laws from time to time as may be reasonable and such by-laws shall also be posted on the Town website. 7-1-5. Continuation of Laws. All special acts, town by-laws, town meeting resolutions, rules and regulations of the town in force at the time this charter takes effect, not inconsistent with this charter, shall continue in force. SECTION 2 Charter 7-2. Proposal of Amendments. 7-2-1. Major Amendments. Amendments to this charter relating in any way to the composition, mode of election or appointment or terms of office of the legislative body, select board or the town manager may be proposed only by a charter commission elected under the General Laws, or proposed pursuant to special legislation as otherwise authorized by the Massachusetts constitution. 7-2-2. Minor Amendments. Amendments to the charter relating to other matters may be proposed by a two-thirds vote at a duly called town meeting under the General Laws, and then approval at the polls by the voters of the town, or proposed pursuant to special legislation as otherwise authorized by the Massachusetts constitution. 7-2-3 Periodic Review. The select board shall appoint a committee of no fewer than 5 nor more than 9 members to review the charter not less than once every 10 years, such that review of the Charter begins 5 years after the by-law review provided for under Section 7-1-3 to review the Town Charter and provide recommendations, if any, to a subsequent town meeting with respect to such review. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -21- SECTION 2. CONTINUATION OF EXISTING LAWS All by-laws, resolutions, rules, regulations and votes of the town meeting in force at the time the charter established by section 1 of this act takes effect, not inconsistent with the provisions of the charter, shall continue in full force until amended or repealed. Where provisions of the charter established by section 1 of this act conflict with provisions of town bylaws, rules, regulations, orders or special acts or acceptances of laws, the charter provisions shall govern. All provisions of town by-laws, rules, regulations, orders and special acts not superseded by the charter established under section 1 of this act shall remain in force. SECTION 3. CONTINUATION OF GOVERNMENT. Upon the effective date of section 1 of this act, all town offices, boards, commissions or agencies shall continue to perform their duties until reappointed or re-elected, or until successors to their respective positions are fully appointed or elected or until their duties have been transferred and assumed by another town office, board, commission or agency. SECTION 4. CONTINUATION OF PERSONNEL. Upon the effective date of section 1 of this act, a person holding a town office or a position in the administrative service of the town or a person holding full-time employment under the town shall retain that person’s office, position or position of employment and shall continue to perform the duties of that person’s office, position or position of employment until provision shall have been made for the performance of those duties by another person or agency; provided, however, that a person in the permanent full-time service of the town shall not forfeit their pay grade or time in the service of the town as a result of the adoption of this charter; provided further, that this section shall not provide a person holding an administrative office or position or a person serving in the employment of the town on the effective date of this charter with any greater rights or privileges with regard to that person’s continued service or employment with the town than that person had before the effective date of this charter. Nothing in this paragraph shall impair the rights of any person under an individual employment contract or collective bargaining agreement. SECTION 5. TRANSFER OF RECORDS AND PROPERTY. All records, property and equipment whatsoever of a town office, board, commission, committee or agency or part thereof, the powers and duties of which, upon the effective date of section 1 of this act, are assigned in whole or in part to another town office, board, commission or agency, shall be transferred forthwith to the office, board, commission or agency. SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. All official bonds, recognizances, obligations, contracts and other instruments entered into or executed by or to the town before the effective date of section 1 of this act, and all taxes, assessments, fines, penalties, forfeitures, incurred or imposed, due or owing to the town, shall be enforced and collected and all writs, prosecutions, actions and cause of action, except as herein otherwise provided, shall continue without abatement and remain unaffected by the charter and no legal act done by or in favor of the town shall be rendered invalid by reason of the adoption of this act. DRAFT SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.2020 -22- SECTION 7. TRANSITION This will be prepared at a later date in order to address any transitional language that might be needed. SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its passage. DRAFT Community Preservation Committee: FY21 Forecast as of 11/20/202020 1,877,863.30$ 1,058,000.00$ 368,430.00$ 1,426,430.00$ 3,304,293.30 50%10%10% Open Space Housing Historical $ 792,316.57 $ 34,932.41 $ 332,819.89 $ 717,794.43 $ 713,215.00 $ 142,643.00 $ 142,643.00 $ 427,929.00 $ 1,505,531.57 $ 177,575.41 $ 475,462.89 $ 1,145,723.43 Open Space Housing Historical "30%" $ (61,200.00) $ (55,080.00) $ (105,120.00) $ (50,295.00) $ (5,204.00) (71,321.50)$ $ (49,500.00) $ (15,000.00) (425,000.00)$ (25,000.00)$ $ (325,500.00) $ (400,000.00) Total YTD Obligations - FY21 $ (1,002,399.00) $ (64,500.00) $ - $ (521,321.50) $ 503,132.57 $ 113,075.41 $ 475,462.89 $ 624,401.93 Total net available from all accounts 1,716,072.80$ $ 377,663.00 $ 193,063.00 FY-21 obligations as of 07/01/2020 FY-20 Estimated total balance forwarded [1]: FY-21 Estimated local tax revenue: FY-21 Estimated State contribution [2]: Total FY-21 Estimated funds available: Budgedted Reserved for CPA FY-20 Actual Unreserved Fund Balance FY-21 Estimated revenue FY-21 Estimated Funds available Brewster Whitecaps Field Improvements Jolly Whaler Bond (5) BBJ Property Bond #1 BBJ Property Bond #2 Bates Property Bond Besse Cartway (Long Pond) Short Term Borrowing Interest (4) Administration Expense [3] Part Time Housing Coordinator Community Development Partnership - Housing Institute {5} Final payment on this bond Pleasant Bay Dock Improvements McGuerty Road Land Purchase Additional Principal Paydown - Besse Cartway S/T Borrowing FY21 Estimated Unreserved Fund Balance as of 11/20/202020 with Adjustments Grant Funds for Received July 2020 - Reimbursement for Windrift Acres [1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional expenses. (2) State Match revenue is finalized at 35.2% per notification on 11/20/2020. [3] Administrative expenses are limited by law to 5% of the total CPC budget and include primarily payroll costs, legal and other professional expenses, the annual $3,500 state CPA Coalition dues. {4} Original bond amount of 1,594,900 to be paid down by 899,210 in April. Rem. Balanceis 695,690 @ .75% interest rate Grant Funds for Approved by State November 2020 - Reimbursement for McGuerty Road BONDS Community Preservation Committee: FY22 Forecast as of 11/20/2020 1,716,072.80$ 1,084,450.00$ 162,667.50$ 1,247,117.50$ 2,963,190.30 50%10%10% Open Space Housing Historical $ 503,132.57 $ 113,075.41 $ 475,462.89 $ 624,401.93 $ 623,558.75 $ 124,711.75 $ 124,711.75 $ 374,135.25 $ 1,126,691.32 $ 237,787.16 $ 600,174.64 $ 998,537.18 Open Space Housing Historical "30%" $ (53,100.00) $ (101,600.00) $ (48,983.00) 62,355.88$ Total YTD Obligations - FY22 $ (203,683.00) $ - $ - $ 62,355.88 $ 923,008.32 $ 237,787.16 $ 600,174.64 $ 1,060,893.06 Total net available from all accounts 2,821,863.18$ Windrift 377,663.00 McGuerty 193,063.00 FY-22 obligations as of 11/20/2020 FY-21 Estimated total balance forwarded [1]: FY-22 Estimated local tax revenue: FY-22 Estimated State contribution [2]: Total FY-22 Estimated funds available: Budgedted Reserved for CPA FY-21 Actual Unreserved Fund Balance FY-22 Estimated revenue FY-22 Estimated Funds available BBJ Property Bond #1 BBJ Property Bond #2 Bates Property Bond FY22 Estimated Unreserved Fund Balance as of 11/20/2020 with Adjustments Administration Expense [3] [1] Balance forwarded estimated from prior year includes all unallocated funds, including unspent amounts from projects and budgeted administrative and professional (2) State Match revenue is projected at 15%, which is the total which was listed in the Fall TM Warrant. [3] Administrative expenses are limited by law to 5% of the total CPC budget and include primarily payroll costs, legal and other professional expenses, the annual $3,500 state Coalition dues. {4} Original bond amount of 1,594,900 to be paid down by 1,299,210 in April. Rem. Balance is 295,690 @ .75% interest rate. REMAINING OPEN SPACE GRAND FUNDS BONDS November 2020 Statewide Trust Fund Distribution Announced POSTED ON: NOVEMBER 12, 2020 - 9:36AM The Massachusetts Department of Revenue (DOR) released the Community Preservation Trust Fund distribution for each CPA municipality today. In total, over $55 million was paid to the 176 communities eligible for a distribution. All CPA communities received a 28.6% match on round one of the trust fund distribution this year. Communities that adopted CPA with a full 3% local property tax surcharge received a higher percentage. The base match is significantly higher compared to recent years due to an increase to the CPA Trust Fund passed in 2019. As you may know, the Community Preservation Coalition championed that decade-long effort to pass legislation increasing the fees generated for the CPA Trust Fund. The new fee schedule at the state’s Registries of Deeds went into effect on December 31st, 2019, more than doubling the monthly revenue for the Trust Fund. Without that legislation, the base match would have likely plummeted into single digits this year. Three Straight Years of Higher Matches The upward trend for the Trust Fund continues! For almost all communities, this was the third straight year that the Trust Fund distribution increased. And that’s despite the fact that there are 14 more CPA communities receiving matching funds this year compared to four years ago. But What About State Budget Surplus Dollars? In five of the last seven years, the Coalition has advocated successfully for state budget surplus dollars to be transferred to the CPA Trust Fund to make up for declining revenues. With the passage of the legislation permanently increasing the Trust Fund fee revenue, we can no longer expect the state to provide surplus funding dollars for CPA. But the timing of the new legislation was fortuitous; with the pandemic impacting tax revenues, it’s unclear when the state will next have a budget surplus available. What Did My Community Receive In Today’s Trust Fund Distribution? Click on the links below for details on this year's distribution and to view the specific distribution amounts for each community: > SPREADSHEET: Click here for the CPA Trust Fund distribution amount for each municipality < >> PDF VERSION: Click here for the CPA Trust Fund distribution amount for each municipality << Statistics From This Year's Distribution: Total municipalities qualifying for a trust fund distribution on November 15, 2020: 176 Match percentage received by municipalities with a CPA local property tax surcharge of less than 3%: 28.6% Match percentage received by municipalities with the maximum CPA local property tax surcharge of 3%: Range of 29.1% to 100% Number of municipalities receiving a full 100% match: 11 Community with largest Trust Fund Distribution: Boston ($6,181,517) Community with the smallest Trust Fund Distribution: Gosnold ($429) Total payout in first round distribution: $48,885,738 Total payout in second round distribution: $4,306,346 Total payout in third round distribution: $2,476,403 Total payout for all rounds: $55,668,487 November 2020 CPA Trust Fund Distribution Municipalit y FY 2020 Net Surcharg e Raised Round 1 Distributio n Round 2 Equity Distributio n Round 3 Surplus Distributio n Final Total Distributio n Final Percentage Reimbursemen t BREWSTER $ 1,047,220 $ 299,783 $ 41,664 $ 26,983 $ 368,430 35.2% From: Peter Lombardi Sent: Thursday, November 5, 2020 1:58 PM To: Select Board <SelectBoard@brewster-ma.gov> Cc: Donna Kalinick <dkalinick@brewster-ma.gov>; Susan Broderick <sbroderick@brewster-ma.gov>; Robin Young <ryoung@brewster-ma.gov> Subject: FW: FOR IMMEDIATE RELEASE: Baker-Polito Administration Announces $8.7 Million to Support Local Parks, Land Conservation Please see official press release regarding $193k LAND grant for the 10+ acre open space acquisition off Long Pond Rd. Note that BCT was awarded $45k for open space on Slough Pond. And grant funds will be used to track the efficacy of the soon-to-be installed culvert at Crosby aimed at improving tidal flow to the west of Crosby Lane. Peter Lombardi Town Administrator Town of Brewster 508-896-3701 x. 1128 Effective July 7, 2020, until further notice: Based on current state guidance and public health data, Brewster Town Offices are open to the public on Tuesdays and Thursdays during regular business hours. Residents and visitors are urged to continue to access town services remotely if possible. Phone messages and email communications will continue to be answered promptly. Thank you for your understanding and cooperation. For the latest updates on Town services, please visit www.brewster-ma.gov. From: Thomas, Nathaniel (ENV) [mailto:nathaniel.thomas@state.ma.us] Sent: Thursday, November 5, 2020 11:38 AM Subject: FOR IMMEDIATE RELEASE: Baker-Polito Administration Announces $8.7 Million to Support Local Parks, Land Conservation FOR IMMEDIATE RELEASE: November 5, 2020 CONTACT Craig Gilvarg Craig.Gilvarg@Mass.Gov Baker-Polito Administration Announces $8.7 Million to Support Local Parks, Land Conservation BOSTON – The Baker-Polito Administration today announced more than $8.7 million in grant awards to municipalities and land trusts to support the acquisition and conservation of over 676 acres of land throughout the Commonwealth. The grants, awarded through four separate grant programs, will fund 46 projects in 35 communities, creating or renovating 20 parks and supporting projects to help farmers and forest landowners improve the management of soils and natural resources. “Massachusetts’ open spaces are a significant asset to our state, providing recreational opportunities to residents across the Commonwealth while also helping to build resiliency to the impacts of climate change,” said Governor Charlie Baker. “Our administration is proud to fund these important efforts that will create new parks, support the agricultural community, and conserve critical natural resources.” “The ongoing pandemic has made clearer than ever the significant benefits outdoor spaces offer Massachusetts residents, including for physical and mental health,” said Lieutenant Governor Karyn Polito. “These grants allow us to partner with municipalities and land trusts across the Commonwealth to support important local projects to conserve critical natural resources and improve recreational opportunities.” The grants were awarded through the Local Acquisitions for Natural Diversity (LAND), Parkland Acquisitions and Renovations for Communities (PARC), Conservation District Innovation, and Conservation Partnership grant programs, administered by the Executive Office of Energy and Environmental Affairs. The administration awarded $5,295,711 to 20 municipalities through the PARC Grant Program, established in 1977 to assist cities and towns in acquiring and developing land for park and outdoor recreation purposes. Any community with an up-to-date Open Space and Recreation Plan is eligible to apply for the program. Since 2015, under the Baker-Polito Administration, 188 PARC grants have been awarded, totaling $36,129,972 in grant funding to create or restore municipal parks. The administration also awarded of $2,676,785 to 11 municipalities through the LAND Grant Program, which was established in 1961 to assist municipal conservation commissions in acquiring land for natural resource protection and passive outdoor recreation purposes. Any municipal conservation commission with an approved Open Space and Recreation Plan is eligible to apply for the program. Since 2015, under the Baker-Polito Administration, the program has protected 3,857 acres with grants totaling $13,330,559. “These programs enable municipalities and land trusts to protect land across the Commonwealth that provides critical habitat to rare species as well as climate resiliency,” said Energy and Environmental Affairs Secretary Kathleen Theoharides. “Our communities and land trust partners are increasingly valuable allies in our effort to conserve critical natural resources across the Commonwealth, and we look forward to working with them to support these important projects.” The Conservation Partnership Program awarded grants to eight municipalities totaling $495,170. The program provides funding to assist non-profit organizations in acquiring interests in lands suitable for conservation or recreation purposes. Over the past ten years it has granted $6,128,487 to 97 projects conserving 3,033 acres. Through the Conservation District Innovative Projects program, the administration announced a total of $230,000 to support seven projects. The Conservation Districts will work in partnership with local, state and federal agencies on soil and water conservation issues, and the projects will help implement locally prioritized conservation projects. Projects include local education efforts to on the ground soil health and conservation projects on agricultural lands. It has provided $1.23 million to 45 projects since its inception. Conservation districts are not-for-profit entities comprised of locally elected boards dedicated to the conservation of natural resources within a County, that work cooperatively with forest and farm owners and with municipal, state and federal agencies to conserve natural resources at the local level by promoting best management land practices. “The lands supported by these grants sequester carbon, protect drinking water, provide essential habitat, support local farming and food production, and provide us all with beautiful open spaces that enhance our quality of life,” said State Senate Minority Leader Bruce Tarr (R-Gloucester). “Funds invested through these grants will pay major dividends, thanks to the innovation, leadership and commitment of a wide array of municipal and organizational partners.” “Public parks are such vital community resources, especially in historically-underserved urban core communities like Chelsea,” said State Senator Sal DiDomenico (D-Cambridge). “I am thrilled that this PARC Grant will be used for the renovation of the Mace Tot-Lot, and these updates will help to ensure that our youngest children have a much-needed and fun space to recreate safely in our neighborhood.” “I am pleased to see how this grant will help with preserving more land dedicated to outdoor use for our citizens,” said State Representative Brad Hill (R-Ipswich). “This is especially important during this day in age with so many trees coming down and buildings going up. After seeing so many people get outside since the pandemic started it is clear we need to preserve more land during times like these and throughout our future.” “These grants are greatly appreciated and timely. Now more than ever, do we see the importance of safe, clean outdoor space for our children and families; especially in our environmental justice communities where recreation space is limited,” said State Representative Dan Ryan (D-Charlestown). “I want thank the Baker- Politico Administration for their cooperation on these precious pieces of parkland.” Note: Brewster CPC Chair has edited the information included in the 11/25 CPC Meeting Packet below for brevity by including only references to Brewster. The following municipalities were awarded LAND grants: Municipality Project Name Project Description Grant Award Brewster McGuerty Road Aquifer Protection The project will support habitat for rare species and will expand the 400-acre tract of preserved land around the town’s main wellfield. The property is entirely within land designated as Zone II. $193,063 The following Land Trusts were awarded Conservation Partnership grants: APPLICANT PROJECT NAME PROJECT LOCATION PROJECT DESCRIPTION GRANT AWARD Brewster Conservation Trust Slough Pond Preservation Project Brewster The project will protect land that is within the town's Zone II wellfield protection area and has 370 feet of shoreline along Slough Pond, contains 100% BioMap2 Core, and will expand on an already protected open space corridor. $45,455 The following conservation districts have been awarded Conservation District grants: APPLICANT PROJECT LOCATION PROJECT DESCRIPTION Grant Awards Cape Cod Conservation District Quantitative Vegetation and Geospatial Data Inventory for Three Saltmarsh Restoration Projects The goal of this project is to provide geospatial and plot specific data baseline data for three saltmarsh restoration projects totaling 32 acres. The two largest sites are Eagle Neck Creek Marsh and the Pamet River System in Truro; the 2- acre site is the Crosby Lane Marsh in Brewster. The three sites have received extensive federal, state, and local partnership participation and funding: $42,000 This funding builds on the Baker-Polito Administration’s efforts to protect and preserve critical natural resources while preparing for and mitigating the impacts of climate change through land conservation. In September, 2020, the Baker-Polito Administration announced $11.1 million in grants to cities and towns through the Municipal Vulnerability Preparedness (MVP) Program, including a land conservation project in Littleton, bringing the total state investment in climate change resilience through the MVP program to over $44 million since 2017. The administration also announced $225,000 in grant funding to eight municipalities and a regional economic development organization to support forest stewardship and conservation, trail improvements, and nature- based tourism in the Mohawk Trail Woodlands Partnership region. Collectively, the grants announced today and others from EEA help communities, land trusts, and other organizations partner with the Commonwealth to protect and care for our natural resources. ### The Millstone Property: 16 acres of Town owned land designated for Community Housing A November 2020 update from the Affordable Housing Trust: Community Housing in line with the Brewster Community From Housing Plan Strategy to beginning to draft a Request for Proposal (RFP) The COVID 19 pandemic has shown us that, now more than ever, saying yes to Brewster’s Vision Plan and addressing our housing challenges, is critical to retain the sense of community that we have built together in Brewster. Creating housing on the Millstone parcel follows the Towns’ Vision Plan, addresses our need for rental housing, retains open space, supports economic health and helps to maintain the Town’s character. The Town’s Vision and Housing Plans guide the Trust’s work and goal to create community housing on the Millstone property, and have resulted in the following actions: Identified both the need to increase housing options in Town and the strategy to use Town owned property for affordable housing. Purchased an access parcel and designated the Millstone property for community housing at May 2018 Town meeting. The Select Board deemed producing housing on the property a strategic priority and gave oversight of the process to the Housing Trust. Subsequently, a feasibility study by Bohler Engineering found that the property is appropriate for affordable housing development. Created a strong community engagement process. Community input has been a key part of the process. Residents have participated in a host of opportunities including the creation of Town’s Vision and Housing Plans as well as housing information sessions, interviews, three Millstone community engagement sessions, and two online surveys. Involvement has been encouraged with robust outreach and material available on the Town homepage and website, in the newspaper and at Trust meetings. Recognizing that stable, attainable and affordable housing supports the economic health and vitality of Brewster, the Trust is seeking to create rental housing, which has been identified as the Town’s greatest need. Only 12 % of Brewster’s housing, versus 34% for the state, is rental units. Our affordable housing options presently have years long wait lists. Based on the feasibility study, the property could support up to 90 bedrooms, approximately 45-50 rental units. The Housing Trust affirms Brewster’s commitment to open space, and aims to encourage a plan which incorporates open space in the neighborhood. The sample concept plan leaves over 70 % open space. Clustering buildings provides for more open space. The concept plan shows 12 one story buildings. If the number of buildings are consolidated and/or some are two story, this would enable larger buffers. Appreciating the beauty and character of Brewster, the Trust will develop design guidelines to ensure that buildings match the style of the community and that pleasant landscaping includes buffers and trees. These guidelines are influenced by a design survey and input from residents. The next step is for the Trust to draft a Request for Proposals (RFP) which will take place at public Trust meetings over the coming 6 months and incorporate community input, including the Housing Plan. The Trust cannot dictate the actual plan of the development but can set criteria to select the developer of the property. The concept plan assists in the creation of the RFP. The RFP will include the program & property description, development & design guidelines, and developer selection criteria. After selection, the developer would engage in a friendly, 40B Comprehensive Permit process. For more information about the Millstone property or community housing in Brewster, see the Housing Office webpage: https://brewster-ma.gov/departments-mainmenu-26/housing-office or contact Jill Scalise, Housing Coordinator, at jscalise@brewster-ma.gov or 508-896-3701, ext. 1169. Millstone Road Land Parcel (98 -12) Property Timeline 16+ ACRES OF TOWN-OWNED LAND DESIGNATED FOR COMMUNITY HOUSING 10/2019-6/2020: Community engagement includes interviews, 3 community input sessions, and 2 online surveys. The Housing Trust, with guidance from the Housing Plan and hel p from MHP & Barrett Planning, determines community housing goals for the property. 9/2020: Completion of Bohler Feasibility Study . 5/2018: Brewster residents approve the transfer of Millstone land parcel 98 -12 for community housing purposes, and the use of CPA funds to purchase 0 Millstone Road (99 -1) for community housing purposes. 7/2018: Town purchases 0 Millstone Road (access parcel). 12/2018: Select Board signs grant agreement with MHP for pre- development feasibility study and assigns management of the project to the Brewster Affordable Housing Trust. 7/2019: An initial report by Bohler Engineering states that “an affordable housing development appears to be a feasible project at this location with limited constraints.” 6/2004: Court judgment transfers the property to Town of Brewster. 2006-2013: Work done includes survey, investigation of deed, and possible access to Millstone land parcel. 6/1994: Town of Brewster files Tax Lien Conversion Case in Land Court. 11/2005: Special Town Meeting vote authorizes Board of Selectmen to investigate ownership of the Town’s interests in 8 parcels of land (including 98-12) for the purpose of constructing affordable housing, or for the sale with proceeds reverting to the town’s Affordable Housing Fund. $10,000 is allocated for professional services. First steps & potential next steps for Millstone Property as of October 2020 The development of this parcel for Brewster’s housing needs is an intentional process being overseen by the Brewster Affordable Housing Trust (BAHT). The following is a general timeline highlighting actions after the parcel was designated for Community Housing at the May 2018 Town meeting. First Steps (2019 - 2020) Feasibility study on land (2019- 2020) In December 2018, the Select Board signed a grant agreement with Mass Housing Partnership (MHP) to provide a pre-development feasibility study to help determine the potential community housing options for this parcel. In July 2019, Bohler Engineering released the initial stage of the study, the Due Diligence Report. Determine community housing goals for the property (Fall 2019- Spring 2020) This involves public input, financial realities, information from the feasibility study as well as guidance from the data and strategies provided in the Brewster Housing Plan. Barrett Planning Group was hired to lead the community engagement process, including interviews, three public sessions, and two online surveys. MHP and the Housing Trust also participated in information gathering, sharing, and presentations. The Trust worked diligently over several meetings to provide guidelines and goals around the Millstone property, taking into consideration public input, financial realities, information from the feasibility study and our housing needs as outlined in the Housing Plan. Completion of Bohler Engineering’s Feasibility Study (September 2020) With input from the community engagement process and guidance from the Housing Trust, Bohler developed a Master Plan to be used to assist in the creation of the RFP. The Feasibility Study, including the Master Plan, was presented by Bohler and MHP to the Trust at the televised, and recorded, September 2020 Virtual Trust meeting. In response to abutter concerns, the Trust engaged Bohler to perform an additional Watershed Analysis in Fall 2020. Next Steps (12 + months) Develop Criteria and Create a Request for Proposals (RFP) (Beginning in November 2020) Once criteria for the project has been developed, a RFP will be created with oversight by the BAHT and assistance from MHP. The RFP will include the program description, development/design guidelines, property description, proposal submission requirements and developer selection criteria. This will be a public process. Designate a Developer After receiving and reviewing proposals, the Town will select a developer and sign a disposition agreement. Probable Further Steps File a Comprehensive Permit Application with the Zoning Board of Appeals (ZBA) The developer would apply for a Comprehensive Permit with the ZBA. Public comment is part of the Comprehensive Permit process. This is considered a ‘friendly 40B’ as the Town created the RFP and both the town and developer are working towards a common goal. Request Community Preservation Act (CPA) Funding Since the CPA came into existence in 2005, all Town involved projects to create community housing have included the use of CPA funding. This is the normal procedure. CPA funding involves an application to the Community Preservation Committee (CPC), approval from the CPC and a Town Meeting vote for authorization of the funds. Residents would have the opportunity to vote at Town Meeting on CPA financial support of a project. This could be before or after the Comprehensive Permit is filed. Finalize Funding The Comprehensive Permit is required before state funding can be applied for and attained. The state has one funding a round every 9-12 months and it generally takes at least two tries to successfully attain funding. Begin Construction Includes final review of plans by Town officials. Construction averages 12 months. For additional information contact: Donna Kalinick, Assistant Town Administrator, dkalinick@brewster-ma.gov, 508-896-3701, X1130 Jill Scalise, Housing Coordinator, jscalise@brewster-ma.gov, 508-896-3701 X1169 Community Preservation Committee Public Hearing Minutes of October 28, 2020 Page 1 of 6 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 COMMUNITY PRESERVATION COMMITTEE PUBLIC HEARING Virtual Meeting Thursday, October 28, 2020 at 4:30 p.m. MEETING MINUTES OF OCTOBER 28, 2020 Present: Community Preservation Committee (CPC) - Chair Faythe Ellis, Vice-Chair Sharon Marotti, Clerk Elizabeth Taylor, Roland Bassett, Peggy Jablonski, Diane Pansire, Bruce Evans, Barbara Burgo, Paul Ruchinskas Absent: Also Present: Peter Lombardi, Town Administrator; Donna Kalinick, Assistant Town Administrator; Cynthia Bingham, Select Board; Jill Scalise, Housing Coordinator; Cindy St. Amour, Brewster Ladies Library; Joan Pernice, Brewster Ladies Library; Bill Roberts, Brewster Historical Society; Brian Locke, Crosby Mansion; Chris Miller, Natural Resources Director; Mike Gradone, Brewster Recreation Director; Hal Minis, Brewster Conservation Trust; Adam Gracia, Cape and Islands Veteran Outreach Center Chair Faythe Ellis called the meeting to order at 4:30 pm This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The Town has established specific email addresses for each board and committee so the public can submit comments either before or during the meeting. To submit public comment or questions to the Community Preservation Committee, please email: cpcmeeting@brewster-ma.gov. To view the: Live broadcast: Tune to Brewster Government TV Channel 18 Livestream: Go to www.livestream.brewster-ma.gov Audio/video recording: Go to www.tv.brewster-ma.gov 1.Introductory Comments Faythe started off the Hearing giving a brief history and overview of the Community Preservation Committee (CPC) and its budget and application process. At the November 2004 Town Meeting, voters approved a switch from the land bank to the Community Preservation Act and in June 2005 that change went into effect. This meant that the 3% surcharge on real estate remained in place but could be used for more than just Open Space – it could now be used for Open Space, Community Housing, Historic Preservation and Recreation. They then created the Community Preservation Committee and appointed the Conservation Commission, Planning Board, Recreation Commission, Historical Commission and Housing Authority. The CPC is charged with studying community preservation needs, reviewing funding requests, and making recommendations to Town Meeting. Approved: VOTE: Community Preservation Committee Public Hearing Minutes of October 28, 2020 Page 2 of 6 The Town Meeting then set allocations on how the Committee would spend the funds: 50% Open Space, 10% Community Housing, 10% Historic Preservation, and 30% to be used for Housing, Historic Preservation or Recreation. Faythe gave an overview of projects in each of these categories that have been in process and/or completed since that time. The CPC accepts applications twice per year for Spring and Fall Town Meeting. Town Counsel gives their opinion on CPA eligibility and then the CPC determines the application meets its criteria and refers it out to the appropriate committee for their initial review. They will listen to the presentation and provide a funding recommendation back to the CPC. At that point, they will be invited to present to the CPC for final review and vote. After this, Faythe briefly discussed the CPC funding formula. Over the summer, she recommended to the Select Board that the committee engage in a public process to review the CPA funding formula and make recommendations regarding any changes they would like to see. The CPC plans to start that public discussion once the application review work is complete for the Spring Warrant Article. Faythe turned to the Public Comment portion of the meeting. 2.Public Comments Cindy St. Amour, Brewster Ladies Library Director Joan Pernice, Brewster Ladies Library Board President: Cindy St. Amour said this would not be a monetary request at this point, but wanted to speak about the future plans for the renovation of the library. We were awarded in 2017 the $4.6M from the State of MA. We are ranked as #16 on the MA Board of Library Commissioners’ (MBLC) wait list and anticipate at least 5 more years before the commissioners go through those projects. In August of 2020, Governor Baker approved $115M for library construction. The MBLC cannot spend all the money at once. The new Federal legislation would allow the project to enable 75% of allowable costs to be funded under the MBOC Construction Program. This would subsequently request a federal grant of 25% of allowable costs. This would be submitted to the Federal ALA Library Stabilization Fund Act of a one- time federal funding of all the libraries in this state grant round to supplement the state awards and provide relief to municipality budgets. The Brewster renovation total costs are estimated at $10,247,956; with the MBLC grant of $4,655,737. If this Federal Legislation were to be included for an additional 25%, the combined grant would be $6,900,000 and local cost for completion would be $3,264,350. The Brewster renovation project addresses the 5200 sq. feet of unfinished basement space, directly addressing structural issues and builds a 21st Century Library for Brewster and Cape Cod. Joan Pernice thanked everyone and said they see this as an opportunity to reiterate the support the Brewster Ladies Library Association has for this renovation project. This project will enhance the library for a long time and be a great benefit to the town and its residents. We have made a commitment to be an active participant in the fundraising for the matching dollars for the project. We want to keep you informed and work proactively to come up with a plan to have the renovation project completed. Bill Roberts, Brewster Historical Society: Bill Roberts, as V.P. of the Historical Society, they would like to apply for grant monies for the acquisition of the barn behind the Spruce Hill property. They need storage space at the Windmill Village Property. $6,100 appraisal value plus foundation and utilities. Plan to apply for the July 1st Funding cycle deadline for Fall Town Meeting. Community Preservation Committee Public Hearing Minutes of October 28, 2020 Page 3 of 6 Brian Locke, Crosby Mansion Property Manager: Brian Locke said the Mansion is 132 years old and some projects need to be addressed. We’ll be looking to apply for the July 1st deadline. We are planning to be back and get aggressive to be on the front line for functions and events. Roof and chimney are the main issues we will be looking at for funding. High scaffolding and high need areas are most concerning and need professional contractors do this work. Things continually pop up that we didn’t budget for, and getting help through CPC would be wonderful. The Mansion was always a commercial entity and many patches have been done, but more in depth work needs to be completed at this time. Chris Miller, Natural Resources Director: Chris Miller said Stony Brook Mill site retaining wall is the project he is currently working on. The wall has begun to sag and buldge which could potentially fail. We have a $42K grant with no local match requirement. They are looking to replace the wall with a concrete backing faced with stone, using as much original stone as possible and the goal is to have no cement showing. We want it to look the same as when we started. We have a federal grant of $290,000 but need a non-federal match of $100,000. Time frame for construction is hopefully around this time next year or before the Spring Herring Run. Mike Gradone, Brewster Recreation Director: Mike Gradone said he wanted to preview what the department is looking toward in the next couple years. 1.In the midst of an ADA project at Freeman’s Way. We have applied to the State for additional funds to actually break ground to complete the project. If they do not receive those funds, that is where they may have to come to CPC for funding. 2.Additional improvements to the Babe Ruth Field at the Freeman’s Way complex. In FY22 wants to get the irrigation replaced. At this point, $30,000 of improvements to the irrigation system need to be done and it needs to be replaced further down the line. 3.A couple playground projects have come up – Drummer Boy Park, playground is currently on wetlands and is fairly old; eventually need to relocate or build an additional playground in a better location. The other playground would be Freeman’s Way Field complex, on the upper right hand side, in the middle of the fields is a concession stand that doesn’t get used at this point. With the amount of people we have that come there, the kids have nothing to do. The players’ brothers and sisters are running around in the parking lot which is dangerous and a playground there would be ideal. They are looking at this all farther down the line, but wanted to make the committee aware moving forward. Hal Minis, President of the Brewster Conservation Trust: Hal Minis thanked everyone and wanted to speak to Open Space needs. With no specific request for funding at this time, he mostly wanted to speak to conservation in the Town and its importance. There were 8 main issues that came out of the Vision Plan. The number one action was to identify and protect priority parcels and sensitive natural resource areas particularly in drinking water supply areas. Protection of our drinking water supply has been extremely important to the Community. Also, the role of Open Space and Climate Change has been identified as one of the most important challenges facing the Town. Protecting marsh habitat as sea level and temperature rises. And, finally, forested areas on the Cape plays a very important role in mitigating the impact of climate change on the Cape. These all underscore the importance of Open Space in the Community – buying land and continuing to prioritize land conservation projects are extremely important to our Cape Cod Community. Community Preservation Committee Public Hearing Minutes of October 28, 2020 Page 4 of 6 Adam Gracia, Cape and Islands Veteran outreach Center: Adam Gracia said they are in the process of building a 5 bedroom/ 5 bath affordable housing structure in Dennis. The project began in March, a community collaborative project with the Town of Dennis, the Cape and Islands Veteran Outreach Center, as well as Homebuilders and Remodelers Association and Construction Industry leaders like Cape Associates and Mid-Cape Home Centers. Currently, the exterior work is almost complete and interior work is ongoing. Hopefully they will start painting next week. Last week, we had Tim Whelan and Will Crocker at the location and they expressed support of the project and spoke toward the transitional supportive housing programs that we implement at our organization. Additionally, Senator Cyr and other representatives voiced support for this project. This is going to be the model of success with regard to CPC funding, community collaboration, and state and federal programmatic funding in which they can implement affordable housing strategy for Veterans on Cape Cod, reaching out to an underserved population. They are looking at just under $1M project to completion. They are looking to strategically expand across the Cape whether it be in one year or thirty, if they reach about 65 units of housing for Veterans in need, they will reach a function of zero – a point where no Veteran will go homeless, if they are able to accept help. Faythe mentioned that Adam had submitted an application for July 1st, but we did not have a funding round as there was no Fall Town Meeting due to the pandemic, and asked if he would be re-submitting for December 1st. Adam replied absolutely. Paul asked when construction was expected to be completed and to whom have they reached out for supplemental support to finalize funding. Adam responded that construction should be completed by the end of 2020/beginning 2021; and the other communities they have reached out to are: Harwich, Yarmouth there is a presentation in a few weeks; Provincetown; Wellfleet; and Dennis again for an additional ask. Currently, they have $200k ongoing application requests through those 5 towns. Sharon asked about capacity – how many veterans will be served by this facility in Dennis. Adam answered that it is a transitional supportive housing facility where anywhere up to 5 veterans at a time can live there, address their concerns, and then have them transition to their own residences and life. Donna Kalinick, Assistant Town Administrator Jill Scalise, Housing Coordinator: Donna Kalinick said she wanted to speak about two Housing needs and an additional mention: 1.Administration will be putting in an application for continued funding for the Housing Coordinator position; 25 hours per week; same request this year. The application will be for a little over $50,000. The Housing Coordinator position has been foundational to the progress we have made on our housing production plan goals. The Coordinator works with residents, multiple town committees, other housing agencies, town departments, and is instrumental to the support, acquisition, creation and preservation of community housing in Brewster. 2.The Housing Trust continues work on the Mill Stone community housing. Once we have completed the request for proposal process and a developer is chosen, they expect the request for local funding to be in the range of $1M-$1.5M. After an extensive community engagement process, they have chosen a concept plan of up to 50 rental units in multiple buildings. 3.She also wanted to mention that Habitat for Humanity is putting in a Dec. 1st application for two homes being built in Brewster, one of which will be veteran’s preference, for approximately $100,000. Community Preservation Committee Public Hearing Minutes of October 28, 2020 Page 5 of 6 Jill Scalise wanted to speak to two active housing programs: 1.Rental assistance program started in September providing ongoing monthly assistance as well as emergency pandemic rental assistance. The Housing Trust will be applying in December for $150,000-$200,000 so the program can continue for another two years. 2.The Preservation for Affordable Housing Grant, received by the Housing Trust who is working with counsel to gain site control of one of our subsidized inventory homes pursuing two paths forward, working on the process for subsidized housing inventory to be maintained and provide housing for Brewster. Faythe Ellis asked if any member of the public had sent in questions or comments. None were submitted. Paul Ruchinskas: Paul Ruchinskas was representing a non-profit organization that owns and manages Wells Court, which is on Brewster Road and holds 24 affordable apartments for those 62 and over. The residents pay 30% of their income toward rent and the remainder is paid by a HUD subsidy. This was an initiative of the Brewster Housing Authority, working with HAC who secured funding from the Federal Program for seniors. Construction was completed in 2004. It has been a really successful and viable development with over 30 people on a waiting list. HUD is the primary funder, and we need to get our annual budget approved yearly which is a bare bones, no frills budget. We have been having issues with the roof and continued need for patching, so, we had a capital needs assessment done. Basically, we were told the amount we have in reserves is not enough to cover the ongoing capital/ building needs. The roof needs replacement in the next 2-3 years. About a $75,000 gap needs to be filled, and they are looking into a variety of funding sources. They are putting this on the radar for the next year or two. Peter Lombardi, Town Administrator: Peter Lombardi thanked the Committee and all those there for coming to really understand the needs of the community, especially this year. He wanted to follow up on one thing with the Library, discussing the 5 year plan adopted last February by the Select Board. When we are queued up for that State Grant funding, we are going to have a tight window to turn around local approval for the Town’s share of that project. In the 5 year plan, we included funding in FY22, about $235,000 for the final design to get that project out to bid. This would ensure we would have a good sense of the community and its support for moving ahead with the project. We are trying to bring as many funding sources together to make this happen within that five year plan. Following up from Mike Gradone and Drummer Boy Park, we secured $33,000 in State Grant Funding this past spring to undertake an update to the Master Plan for Drummer Boy Park. The last time that was done was 25 years ago just after the Town acquired it. We have generally implemented the recommendations from that plan with a few minor exceptions. There are a lot of competing interests and have therefore, used those funds to hire a consultant to put together an advisory committee to be engaged in that process. We don’t know what the findings will be, but anticipate potential relocating and upgrading the playground. The Town had submitted a grant application to the State, Coastal Zone Management several months ago for a project to design, permit, and construct an elevated boardwalk across the marsh from the northeast corner of the park over to Wing Island. The State came back saying they don’t think this is a good fit for them, but Peter said they are looking at other funding sources and may need to come back to the CPC at some point. Faythe asked if Peter Lombardi had any updates to what is happening with the Dog Park Committee. Peter answered they are looking to schedule a meeting in the next few weeks, and the Select Board Community Preservation Committee Public Hearing Minutes of October 28, 2020 Page 6 of 6 wants to revisit where things were left off and potentially look at scaling back the scope of the project. Doesn’t expect they will be applying for the Dec 1st funding application deadline, but maybe next July. Paul asked about timing for the Drummer Boy master plan. Peter said next June with recommendations to the Board next July including resident engagement included in that timeline. 3.Next Regular CPC meeting: Thursday, November 5, 2020 4PM MOTION made by Diane Pansire to adjourn the meeting at 5:52pm. Paul Ruchinskas second. Roll Call Vote: Bruce Evans – yes, Barbara Burgo – yes, Elizabeth Taylor – yes, Diane Pansire – yes, Roland Bassett – yes, Paul Ruchinskas – yes, Sharon Marotti – yes, Peggy Jablonski - yes, Chair Ellis - yes VOTE 9-yes 0-no Respectfully submitted, Beth Devine, Recording Secretary Packet of additional documents available on website for public reference. Community Preservation Committee Minutes of November 5, 2020 Page 1 of 3 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 COMMUNITY PRESERVATION COMMITTEE Virtual Meeting Thursday, November 5, 2020 at 4:00 p.m. MEETING MINUTES OF NOVEMBER 5, 2020 Present: Community Preservation Committee (CPC) - Chair Faythe Ellis, Vice-Chair Sharon Marotti, Clerk Elizabeth Taylor, Roland Bassett, Peggy Jablonski, Bruce Evans, Paul Ruchinskas Absent: Barbara Burgo, Diane Pansire Also Present: Cynthia Bingham, Select Board; David Kaplan, FORWARD Chair Faythe Ellis called the meeting to order at 4:00 pm This meeting will be conducted by remote participation pursuant to Governor Baker’s March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The Town has established specific email addresses for each board and committee so the public can submit comments either before or during the meeting. To submit public comment or questions to the Community Preservation Committee, please email: cpcmeeting@brewster-ma.gov. To view the: Live broadcast: Tune to Brewster Government TV Channel 18 Livestream: Go to www.livestream.brewster-ma.gov Audio/video recording: Go to www.tv.brewster-ma.gov 1.Review and discussion of updated project list Elizabeth provided an updated list for the Public Hearing last week and Faythe wanted the Committee to provide any updates or modifications at this time. Faythe did mention that she was able to get the chart to fit on the page and will send to Elizabeth reformatted. Sharon mentioned she printed it on legal size paper, and it worked as well. Faythe asked Elizabeth to please update the date at the top of every page to October 31st. Also, anyone who has an open project please check to make sure everyone is slotted correctly. It was discussed that the Liaison for Housing Coordinator had been moved to Diane Pansire and that needed to be updated. Paul said on Open projects, the CPC Funding Line needs to update the amount paid under Brewster Woods. The amount paid needs to be updated for FORWARD as well. Faythe also suggested that we may want to get consistent when we have an Award and set aside other funds that aren’t part of the Award, such as the $2500 for legal costs for the AHT. We may need to split them up. Faythe will do the research on those and get back to Elizabeth. Paul asked about the interest payment for the Long Pond Woodlands Conservation Area. Elizabeth said that is the information she received, but will check to make sure it is reflected correctly. Faythe would like this on the website once it is finalized. Approved: VOTE: Community Preservation Committee Minutes of November 5, 2020 Page 2 of 3 2.Status on grant agreements for FY21 projects Faythe said for the CHI award letter and grant agreement, it has been returned from legal and we are awaiting signatures. Pleasant Bay is outstanding. Peggy hasn’t completed the draft yet, but will get to it over the next week. Faythe would be happy to help if needed. 3.Review and approve draft of revisions for Cape Rep. award letter/grant agreement The format Faythe is using is a letter which she will be sending to Legal. We are going to amend the project description, clarify the Phase 2A and Phase 2B proposal from Cape Rep, and detail what conditions of the award letter we amended last week. The first was Item 6 to talk about the final 2A project sources and binding commitments for the additional $539,072. Item 8 will be amended to clarify that we will withhold $40,000 of the award until all the work in Phases 2A & 2B are completed. Item 11 is the 2 year extension that we agreed to. And Item 13 is a requirement of approval from the State Building Inspector to add additional language with regard to Public Access. Motion to approve this draft for submission to Legal. MOVED by Roland Bassett. Seconded by Elizabeth Taylor. Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Paul Ruchinskas– yes, Peggy Jablonski - yes, Chair Ellis - yes VOTE 7-yes 0-no 4.Discussion and possible vote on FORWARD at the Rock Award modification Paul recused himself from this discussion because he is on the HAC Board which acted as a Development Consultant on this project. Faythe said the award letter required an Affordable Housing Restriction (AHR) between us and FORWARD. The pandemic complicated things timewise and there were some other issues. David Kaplan asked to regroup and talk about this now that the project is completed. Donna Kalinick put together a meeting yesterday for Faythe, FORWARD, and Town Counsel, where we talked about options and how we will move forward resolving the AHR issue. She asked David Kaplan to please take the floor. David Kaplan said the house is completely finished, all residents there, and it is fully staffed. Everyone is really happy there. The pandemic hindered their ability to get signatures from people. We have an existing Housing Restriction with the State at 30% in perpetuity. We are good with that and want to make sure Brewster is good with that as well. Faythe included an email update in the packet for information for folks even though some were unable to open it. Community Preservation Committee Minutes of November 5, 2020 Page 3 of 3 5.Project updates a. Whitecaps b. BHS Outbuilding c. Other Faythe gave an update on the BHS Outbuilding: they have sent in the completed paperwork. Faythe is scheduling a tour shortly. Our historical consultant will be getting photos forwarded to him. She also received an update this afternoon about the outstanding Preservation Restriction. Paperwork is coming in and moving forward. Elizabeth gave an update on McGuerty Road: has been approved for the State Grant of $195,663, and they moved up the closing date to sometime in December, which means we will be receiving the grant money early next year. Sharon gave an update on Brewster Woods: the company is CC Construction of Dennis and Plymouth completing Phase 1 of this project. Work to commence in mid-November. They are currently reaching out to abutters, and it is moving along. 6.Approval of minutes from 10/22/20 regular meeting Paul said on the 2nd page, 4th paragraph down, Paul also asked for a copy of the “public access plan” Motion to approve the Minutes of October 22, 2020 with that edit. MOVED by Roland Bassett. Seconded by Sharon Marotti. Roll Call Vote: Sharon Marotti – yes, Bruce Evans – yes, Elizabeth Taylor – yes, Roland Bassett – yes, Paul Ruchinskas– yes, Peggy Jablonski - yes, Chair Ellis - yes VOTE 7-yes 0-no 7.Approval of minutes from 10/28/20 Public Hearing - defer 8.Items the Chair could not anticipate Faythe asked if there were any emails or comments from the Public at this time. None were submitted. 9.Next meeting: 11/25/20 at 4PM MOTION made by Sharon Marotti to adjourn the meeting at 4:28pm. Elizabeth Taylor second. Roll Call Vote: Bruce Evans – yes, Elizabeth Taylor – yes, Paul Ruchinskas – yes, Roland Bassett – yes, Peggy Jablonski – yes, Sharon Marotti – yes, Chair Ellis - yes VOTE 7-yes 0-no Respectfully submitted, Beth Devine, Recording Secretary Packet of additional documents available on website for public review.