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Home My Public Portal AboutFinance Committee Packet 12/2/20Town of Brewster Finance Committee 2198 Main St., Brewster, MA 02631 fincommeeting@brewster-ma.gov (508) 896-3701 MEETING AGENDA Remote Participation Only December 02, 2020 at 4:00PM 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 Finance Committee, please email: fincommeeting@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 Finance Committee Harvey (Pete) Dahl Chair Frank Bridges Vice Chair William Meehan Clerk Andrew Evans Larissa Haynes Alexander Hopper Honey Pivorotto Robert Tobias Robert Young Town Administrator Peter Lombardi Finance Director Mimi Bernardo 1.Call to Order 2.Declaration of a Quorum 3.Meeting Participation Statement 4.Recording Statement 5.Public Announcements and Comment: Members of the public may address the Finance Committee on matters not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting Law, the Finance Committee is unable to reply but may add items presented to a future agenda. 6.Town Administrator/Finance Director Report 7.Discussion of Charter Committee’s recommendations to Select Board. Develop and vote on questions and comments for Select Board and Charter Committee. 8.NRHS Projeect: Review Subcommittee report and develop additional questions for Nauset Reqional School Committee. Vote on questions to submit from Finance Committee. 9.Liaison Reports 10.Review and Approval of Minutes from 11/04/2020 and 11/18/2020 11.Request for agenda items for future meetings 12.Matters Not Reasonably Anticipated by the Chair 13.Next Finance Committee Meetings - December 16, 2020 14.Adjournment Date Posted:Date Revised:Received by Town Clerk: 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 SUBCOMMITTEE REPORT TO BREWSTER FINCOM SEPTEMBER 2020 Is the $132 million project proposed by the Nauset Regional School Committee is worthy of Brewster FINCOM and taxpayer support? NAUSET REGIONAL HIGH SCHOOL BUILDING PROJECT REPORT OF FINCOM SUBCOMMITTEE ON NAUSET REGIONAL HIGH SCHOOL PROJECT – 10/7/20 1 | P a g e Background on Sub-Committee 1. The Nauset Regional High School (NRHS) subcommittee of the Brewster Finance Committee was formed in December of 2019 to focus on the proposed project to renovate and expand the regional high school and provide input to the Finance Committee in its deliberations and final vote on the project. 2. Prior to and subsequent to the formation of the subcommittee, the Brewster Finance Committee (FINCOM) met and attended a number of presentations held to inform all stakeholders in the project including: • A joint presentation by the NRHS Building Committee to FINCOM and the Select Board on July 22, 2019 • A public presentation by the NRHS Building Committee and the Owner’s Project Manager on August 25, 2019 • A presentation made by Nauset Regional School Committee (NRSC) and NRHS Building Committee members on October 2, 2019 • A public presentation made by Jack McCarthy of the MSBA on November 19, 2019 • A presentation to FINCOM by NRS Committee members Chris Easley and Jim O’Leary on December 2, 2019 • A joint presentation by the NRHS Building committee to FINCOM and the Select Board on January 20, 2020. The subcommittee met with members of the NRSC, NRHS Building Committee, Superintendent Conrad and the finance staff of Nauset Regional School Administration on two occasions in October and November 2019. The subcommittee has met six times since its formation in December 2019. 3. Once the full range of considerations is addressed, the key decision that needs to be made is whether the project proposed by the Nauset Regional School Committee is worthy of Brewster FINCOM and taxpayer support. Current State of NRHS 4. The current NRHS is 50 years old and requires substantial work on its inf rastructure. 5. Only one major project has been done since it was originally constructed. 6. It is not fully compliant with the American Disabilities Act (ADA) and has other code violations. REPORT OF FINCOM SUBCOMMITTEE ON NAUSET REGIONAL HIGH SCHOOL PROJECT – 10/7/20 2 | P a g e Project Size and Scope 7. The proposed project scope involves a combination of renovation and new construction. The total project cost is estimated at $132 million. The Massachusetts School Building Authority (MSBA) has reviewed the project and committed to a contribution of $36 million. 8. The School Committee proposes to issue bonds for some period of time (20 to 30 years) to fund $96 million IF voters in the region/district approve the project and thereby agree to fund the debt. (APPENDIX 1/1A – COMMENTS PREPARED BY R. YOUNG FOR SELECT BOARD REGARDING IMPACT OF 20, 25, 30 YEAR SCENARIOS AND SUPPORTING ANALYSIS) 9. All funding for the bonds or debt service would be the responsibility of taxpayers in the four towns forming the region/district. 10. Taxpayers who are currently legally bound by their respective Select Boards to participate in the Nauset region/district are those residing in Brewster, Orleans, Wellfleet and Eastham. 11. These taxpayers will have the opportunity to vote on whether or not to approve the NRHS project as approved by MSBA when it is presented in Town Meeting and on the ballot in Spring of 2021. 12. The project as proposed and designed is the ONLY option for voters to consider at the Spring 2021 town meeting and on the ballot. 13. The maximum student enrollment approved by the MSBA as the basis for the project is 905. (APPENDIX 2 – MEMO TO FINCOM DATED 6/30/20 FROM F. BRIDGES REGARDING NRHS PROJECT AND INTER-DISTRICT SCHOOL CHOICE) 14. The Superintendent has strongly supported the need for a school population this size as critical to robust programming, diversity, and essential for effective recruitment and utilization of full-time teachers. Student Utilization of NRHS 15. Actual student volume at NRHS for FY 2020 was as follows: Brewster* 281 31% Eastham, Wellfleet, and Orleans* 335 36% Provincetown and Truro 86 9% CHOICE – other towns 219 24% Total 921 100% *4 TOWNS IN DISTRICT = 67% OF STUDENT VOLUME REPORT OF FINCOM SUBCOMMITTEE ON NAUSET REGIONAL HIGH SCHOOL PROJECT – 10/7/20 3 | P a g e 16. Average enrollment from the 4 towns in the district as well as the tuition towns (Provincetown and Truro) decreased 2% each year since 2010 while enrollment of CHOICE students increased an average of 4% per year. Enrollment in 2020 is comprised as follows: 67% of the youth are from the 4 towns in the district; 33% are from outside the district (9% from Provincetown and Truro; 24% are CHOICE. (see chart above) 17. While the total budget increased 29% over these 10 years (averaging 3% per year), the budget per enrolled student increased 39% over the period or an average of 4% per year as student enrollment decreased an average of 1% per year. (see CHART 1 on following page) 18. The MSBA performed a demographic study supporting the 905-enrollment figure including an expectation a 1% decline per year for students within the district. 19. The MSBA data shows a 4-1/2% decline in the student population between 2017 and the end of construction in 2025. 20. We cannot determine the impact on enrollment of t he multiple affordable housing initiatives across the 4 towns in the region/district. In Brewster the Habitat for Humanity community has added families with children to the town’s student population. The Millstone project will also likely add students. 21. Eastham and Orleans have similar projects that will be coming online. Financial Considerations 22. The School Committee makes a decision each year whether to continue the CHOICE program and the number of students to accept in each grade. 23. Of the four towns in the Nauset regional system, Brewster funds the largest percentage of NRHS costs at nearly half based on the percentage of its student enrollment the prior year in relation to the other 3 district towns (see #15 for chart 281/616=47%). 24. As a result, Brewster would be obligated for about $45 million of the $96 million estimated project debt. Brewster’s financial obligation will vary based on its student enrollment as percentage total enrollment from the four district towns. 25. The project impacts taxpayers in three ways: operating budgets, capital budgets and debt service. 26. Two five-year tuition agreements were executed in April 2019 with the towns of Provincetown and Truro in which the two towns agree to an annual payment of $18,457 per student (flat fee) through the end of 2024 school year. This fee is increased annually by 2- 1/2% for the first four years and 3-1/2 % in the final year. 27. The agreement does not require full operating costs or capital costs reimbursement nor does it include any obligation to fund debt service on any major projects including this project. 28. CHOICE students are students from towns throughout Cape Cod who choose and are accepted to attend the Nauset Regional School District. State law effectively limits annual REPORT OF FINCOM SUBCOMMITTEE ON NAUSET REGIONAL HIGH SCHOOL PROJECT – 10/7/20 4 | P a g e operating budget reimbursement from the CHOICE student’s town of residence to $5k. State law does not require the sending district to fund capital costs or debt service for major projects. CHART 1 – CREATED FROM NRHS DATA TRENDS 2010-2020 IN APPENDIX 4 KEY BUDGET AND ENROLLMENT STATISTICS FOR LAST DECADE AT NAUSET REGIONAL HIGH SCHOOL 1 2 3 4 5 6 7 8 NRHS Budget (excludes Region, other expenses) NRHS BUDGET PER ENROLLMENT TOTAL NRHS ENROLLMENT Total NRHS 4 member towns enrollment Total NRHS member towns + tuition enrollment Total CHOICE enrollment 4 Member Towns as a % of TOTAL ENROLLMENT Provincetown and Truro Tuition as a % of TOTAL ENROLLMENT CHOICE as a% of TOTAL ENROLLMENT FY10 (09/10)$9,126,011 $9,190 993 800 840 153 81%4%15% FY11 $9,059,459 $9,179 987 737 819 168 75%8%17% FY12 $9,436,281 $9,779 965 696 780 185 72%9%19% FY13 $9,725,011 $10,026 970 695 780 190 72%9%20% FY14 $10,250,107 $10,010 1024 706 810 214 69%10%21% FY15 $10,730,685 $11,017 974 687 777 197 71%9%20% FY16 $10,968,281 $11,181 981 676 772 209 69%10%21% FY17 $11,131,812 $11,780 945 642 734 211 68%10%22% FY18 $11,086,421 $11,998 924 603 688 236 65%9%26% FY19 $11,468,531 $12,149 944 624 716 228 66%10%24% FY20 $11,781,018 $12,792 921 616 702 219 67%9%24% % change FY10-FY20 29%39%-7%-23%-16%43% AVERAGE PER YEAR 3%4%-1%-2%-2%4% OBSERVATIONS: Total budget increased 29% over 10 years ......... or an average of 3% per year. Budget per student increased 39% over 10 years .....or an average of 4% per year; student enrollment has decreased an average of 1% per year. Average enrollment from 4 towns in district and tuition towns (Ptown and Truro) decreased 2% each year; CHOICE increased an average of 4% per year. Enrollment in 2020 is comprised of 67% youth from district and 33% outside the district (9% Ptown/Truro + 24% CHOICE). REPORT OF FINCOM SUBCOMMITTEE ON NAUSET REGIONAL HIGH SCHOOL PROJECT – 10/7/20 5 | P a g e 29. State law does stipulate some additional payment for costs associated with CHOICE students with special education needs. 30. The State law regarding financing/reimbursement for costs related to CHOICE students, known as the inter-district school choice, has not changed since its inception in 1991. 31. Although not required under the state law, the district provides transportation for CHOICE students. The district does not provide transportation for tuition students from Provincetown and Truro. 32. In a March 2020 memo, the district superintendent reports receiving $5,800 in operating revenues on average for CHOICE students representing a deficit per student in operating costs of $14,900 ($20,700 - $5,800). The $20,700 is the state reported average expense/pupil for the Nauset district. 33. In total for FY 2018, the district reported receiving gross reimbursement/revenues of $1.5 million for the high school from CHOICE students. 34. The five-year agreement with Provincetown and Truro requires payment of approximately $2,243 less ($20,700-$18,457) than the actual cost per student , although Provincetown and Truro provide for their own transportation costs. 35. Taxpayers from the 4 towns in the region/district pay nearly $25,900 per district student per year in operating costs. The overall cost/student is about $2 0,700. District taxpayers are therefore paying $5,200 or 25% more per student than the average cost in order to subsidize unfunded costs for students from Provincetown and Truro as well as CHOICE students. 36. Over the last ten years (2010 to 2020), the NRHS did not request increases to its operating budget more than 2.5% per year. 37. During this same 10-year period, total enrollment has decreased 7% and the total NRHS budget has increased 29%. This translates to budgeted costs per enrolled student increasing 39% during the period, and CHOICE students increasing from 15% to 24% of the total student population. (APPENDIX 3– MEMO TO FINCOM DATED 11/27/19 PREPARED BY R. YOUNG REGARDING COST TO EDUCATE AND POTENTIAL SAVINGS FROM THE ELIMINATION OF INTER-DISTRICT SCHOOL CHOICE) Other Considerations 38. The Brewster Select Board has recommended a 20- year level principal debt repayment schedule to the NRS Committee but the Committee has not made its decision as to the term of the financing (20, 25 or 30 years). (APPENDIX 1/1A – COMMENTS PREPARED BY R. YOUNG FOR SELECT BOARD REGARDING IMPACT OF 20, 25, 30 YEAR SCENARIOS AND SUPPORTING ANALYSIS) REPORT OF FINCOM SUBCOMMITTEE ON NAUSET REGIONAL HIGH SCHOOL PROJECT – 10/7/20 6 | P a g e 39. The total annual property tax increase to Brewster taxpayers for the project, inclusive of the subsidy for students from Provincetown and Truro as well as CHOICE students , has not been determined at this time and will be published in the Subcommittee’s final report. 40. Market interest rates are expected to be lower than those included in the project estimate. 41. Taxpayers have to choose between approving this project , which would commit them to both the capital cost of the proposed project and the annual operating costs associated with educating CHOICE and tuition students, OR rejecting the project knowing there is a risk than an alternate project could be presented for which the state MSBA refuses to provide funding, shifting the burden for 100% of the cost of the new project to the taxpayers. 42. If the current proposal is defeated and an alternate project is undertaken that eliminates and/or substantially reduces CHOICE and/or Provincetown/Truro student enrollment, the assumed $3.5 million/year in operating cost savings from eliminating the subsidies and educating fewer students could effectively be used to fund the four district towns ’ debt service costs for this alternate project. Assuming a 30-year bond term at a 2.4% interest rate, this $3.5 million/year redirection of funds would support $74 million in debt. When combined with any MSBA support, this combination could fund the entire alternate building project with zero property tax increase versus today. (APPENDIX 4 – NRHS BUDGET AND ENROLLMENT TRENDS 2010-2020 DATA COMPILED BY R. YOUNG) 43. If an alternate project, as described above, was developed, it is uncertain how much of the estimated CHOICE and tuition student-related subsidy savings could be realized. This analysis assumes that the expense per pupil would remain at the state-reported average of $20,700, an amount that is 25% higher than the state average expense/pupil. A concrete determination as to whether this is a fair assumption could only be made after a new educational plan and new budgets based on the lower enrollment are developed by the NRS Committee. The magnitude of a budget cut that could be achieved without a negative impact on student educational outcomes is not known. 44. The proposed schematic design was approved by the MSBA in August 2019 and complies with current building and accessibility codes. The onset and continued expansion of the pandemic creates two fundamental challenges for the project: • It is not clear if the MSBA approval provides sufficient flexibility to incorporate design modifications necessary to meet new student/teacher needs arising from COVID 19. Such changes might include use of remote learning labs to supplement in-person learning , a change in the size and design of “in-person” classrooms, increased use of automation and “touchless technology” to replace manual systems (doors, light switches, temperature controls), the use of anti-bacterial materials and finishes, the addition of low density and one way student access and egress flow patterns and high efficiency/output airflow systems to respond to the highly infectious nature of this virus. • It is not unreasonable to expect that school design and building codes will change in the near future. School population sizes, newly designated high -risk activities (arrivals, REPORT OF FINCOM SUBCOMMITTEE ON NAUSET REGIONAL HIGH SCHOOL PROJECT – 10/7/20 7 | P a g e assemblies, lunch, group-based activities and departures) will all need to be examined. (APPENDICES 5 AND 6: ARCHITECTURAL DIGEST, HOW THE COVID-19 PANDEMIC WILL CHANGE THE BUILT ENVIRONMENT AND THE AMERICAN INSTITUTE OF ARCHITECTS, REOPENING AMERICA STRATEGIES FOR SAFER SCHOOLS) REPORT OF FINCOM SUBCOMMITTEE ON NAUSET REGIONAL HIGH SCHOOL PROJECT – 10/7/20 8 | P a g e PROS AND CONS OF APPROVING NAUSET REGIONAL HIGH SCHOOL PROJECT AS PRESENTED TO VOTERS PROS (Reasons to Vote for the Project) CONS (Reasons to Vote against the Project) Significant issues and concerns at current 50 year- old school will be resolved in 3 to 5 years to include compliance with code and ADA. Planned project may not allow adequate modifications or enhancements required to address COVID related issues. 905 Student capacity supports leadership desire for more diverse student population and more robust curriculum. Project is underway; 3 years of planning and design work has been completed and project has received approval from the MSBA; failure to approve could result in delays and potential increases in interest and construction costs. State commitment of this project will offset some of the anticipated $132m costs of the project. The net cost of the project after receipt of the $36m from MSBA ($96m) is approximately the same cost as bringing the existing structures to code ($98m). Commitment to 905 enrollment as basis for project plan solidifies a long term commitment by the School Committee to accepting greater numbers of CHOICE students outside the 4 towns in the district burdening the taxpayers with major subsidies for these students. Voter rejection of the project would necessitate resubmission of an alternative project to the MSBA. There is no guarantee that a NRHS project would be reconsidered by MSBA in the next few years. Provincetown and Truro (tuition students) are not part of the region/district. While they have agreed to pay a tuition fee, they have not committed to paying full operating cost, capital or any debt service costs. The $1.3 m in taxpayer funds spend on the feasibility study for the project as approved by MSBA cannot be recouped. Brewster will send about 1/3 of the student population but will pay for about 1/2 of the school project. Finance Committee Minutes November 4, 2020 Page 1 of 4 TOWN OF BREWSTER FINANCE COMMITTEE Date: November 4, 2020 Time: 4:00 PM VIRTUAL MEETING MINUTES Present: Chair Pete Dahl, Bill Meehan, Honey Pivirotto, Bob Young, Andy Evans (4:15), Alex Hopper Also present: Mimi Bernardo, Finance Director; Peter Lombardi, Town Administrator Absent: Larissa Haynes, Robert Tobias, Frank Bridges The Chair 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 Finance Committee, please email: fincommeeting@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 Alex Hopper was welcomed and briefly introduced himself to the Committee. 1.TA/FD Report Peter Lombardi said that the Select Board sent an email yesterday to all Board Chairs and Department Heads talking about our plan to fund a part-time Energy Manager position; year one funded through our Green Communities Designation Grant. And then in the out years to fund that with a portion of the proceeds from solar lease agreements held with the Developer at the Golf Course. This is a pilot program we have worked through the details with Cape Light Compact, where they would hire a full-time project manager and we would get that person for ¼ time to work on solar and green communities and climate change and energy efficiency initiatives going forward. We are working with CVEC on 4 solar projects: 2 car ports at the Golf Department, and 2 roof top installations - 1 at the Fire Department and the other at the Water Department. Bob addressed the Committee and said he and Pete Dahl were wondering if Peter could discuss the Haven Center in terms of timing and revenue expectations. Peter Lombardi answered they have been in contact with the Haven Project and were told they have secured all local approvals, have state permit in hand, pulled the building permit at the end of February, and acted on that permit within the 6 month period. They are beginning their initial site work. We don’t have a time-line for when they are expecting to complete the work. They have been jammed up from the pandemic. We don’t anticipate building any revenues into FY22 because of the continued uncertainty at this time. Approved: VOTE: Finance Committee Minutes November 4, 2020 Page 2 of 4 Honey was wondering about the consolidation of the two elementary schools. Peter Lombardi answered that in Jan/Feb the School Committee worked with Nauset Officials and our Administration on the scope of work – they got about 75% of the way there and then the pandemic hit. The project remains front and center as a priority. We are trying to get on their agenda so they re-engage now. We are in relatively good shape in terms of scope. Perhaps a number of months to get the consultants on board, takes likely a year to pull everything together, get feedback from teachers and community and then coming up with their findings and recommendations. Pete said the Liaison to the School Committee should try to get them on the calendar moving forward as this was a very important matter at Town Meeting. 2.Budget and Town Meeting Calendar FY2022 Peter Lombardi said high level, the plan is generally the same as last year, kick off Select Board/Finance Committee to go through budget forecasts. The Capital Planning Committee was reconstituted last year with the same composition. The 5 year plan we worked on last year will be going through a review and update. Next week, we will hear back from Department Heads about their FY21 Capital requests. Our goal last year was to bring requests to Special Town Meeting in fall which didn’t happen due to the pandemic. The Capital Planning Committee will meet at the end of next week to review the requests, and then on the 18th, we will have the budget meeting with the Select Board/Finance Committee jointly to focus on FY22. The balance of Capital Requests in FY22 and beyond are due from Department Heads the beginning of December. Capital Planning will meet with Department Heads to review their requests on the 10th and 17th of December and the first week in January. Deadline for the Capital Planning Committee to submit their recommendations on the 5 Year Capital Plan is February 1st. Pete asked if any public email or comment had been sent. None were submitted. Pete wanted to be sure we were all on the same schedule. November 18th is the joint meeting with the Select Board at 4PM for the budget forecast. Peter Lombardi said we are looking at making a transition for 8-10 of our Boards to switch over to the Zoom Webinar format where we will be able to take public call-ins. Bob said he has been on some meetings where there were video bombs coming in and wanted to make sure there is a way that doesn’t happen here. Peter Lombardi said they believe they have a good plan in place for our meetings to be protected. 3.Audit Committee Update Pete said that Dave Whitney had been appointed for the Audit Committee from the Select Board. Now the Audit Committee can begin to conduct business. He went on to say that if anyone knows someone whose background lends itself well to this committee, please let us know. There are two open seats at this time. Honey is delighted to welcome Dave Whitney to the Committee. 4.NRHS Building Project Update/Subcommittee Report/Review of SBC meeting of 10/28/20 Bob asked for any final questions to get together for the Chair of the Nauset Regional School Committee. Please send your questions to Pete Dahl if you have them. Finance Committee Minutes November 4, 2020 Page 3 of 4 5.Liaison Policy and Assignments Pete said he assumed everyone looked at their assignments. He wanted to check to make sure they were ok with their assignments. We have our guidelines, the assignments are up, if there are any concerns or questions, please let him know. Pete did not assign anyone to the Town Administration Departments as they report to Peter Lombardi who will update and report to the Finance Committee any items necessary. 6. Matters Not Reasonably Anticipated by the Chair- None 7. Review of Minutes from 10/7/20 Bill Meehan MOVED to approve the Minutes from 7/10/20. Andy Evans second. Roll Call Vote: Bob Young – yes, Alex Hopper – yes, Bill Meehan – yes, Honey Pivirotto – yes, Andrew Evans – yes, Chair Pete Dahl– yes. The Committee voted: 6-yes 0-no Pete asked the Committee to look over the future meeting times provided in the packet and see if there are any we do not need through January. Please let him know. 8.Liaison reports Honey went over the power point she forwarded as the Liaison to the Vision Planning Committee. The Cape Cod Commission Act requires the preparation of a regional policy plan and, it was determined we needed to form a committee to look at the Brewster Vision Plan and put it into the format that will ultimately achieve the Cape Cod Commission Certification. It’s pretty clear how they are moving forward in terms of the current vision plan and how it needs to be modified in order to move through the Cape Cod Commission Certification. Towns with Commission Certification will be given priority consideration for planning and technical assistance from the Cape Cod Commission. Peter Lombardi said the Vision Plan establishes a framework, but doesn’t translate to action items specifically around land use. The Local Comprehensive Plan (LCP) does just that, taking it from the plan to action. Bill spoke about the Charter Committee. They are having a meeting on Friday a.m. and have nearly completed the first comprehensive draft of the Charter. Karen Whitney and Bill have worked on a presentation to get it ready for the Select Board. Their timeline will get them comfortably in front of May Town Meeting. Bill went on to talk about how Golf is producing and continuing to produce record numbers. They are very strong financially. He is not sure about the Search Committee for the next Golf Director. Honey spoke about the Council on Aging. There has been a big change in their operation due to the pandemic where they have shifted into doing a lot more outreach and responding by phone. They have restarted transportation even though they can only have one person/day because they need to sanitize the vehicle. The delivered meals have still been happening at a number of approximately 250/month, so clearly they have been able to continue to meet the needs of the community. Although their Holiday schedule has been cancelled, Finance Committee Minutes November 4, 2020 Page 4 of 4 they will be handing out turkey pot pies over Thanksgiving, curbside. They are also looking at Drummer Boy Park and how they can be involved going forward. The pathway and benches are wonderful for the community for exercise and being outside. Pete listened in to the Select Board Meeting and wanted to make sure the Committee was aware that allocating some of the solar receipts for an Energy Manager will be part of the budget discussion as they have all agreed. 9. Adjournment Bill Meehan MOVED to adjourn the meeting at 4:58 PM. Andy Evans second. Roll Call Vote: Bob Young – yes, Alex Hopper – yes, Bill Meehan – yes, Honey Pivirotto – yes, Andrew Evans – yes, Chair Pete Dahl– yes. The Committee voted: 6-yes 0-no Respectfully submitted, Beth Devine Packet of additional documents on website for public review. Finance Committee Joint with Select Board Minutes November 18, 2020 Page 1 of 4 TOWN OF BREWSTER FINANCE COMMITTEE JOINT WITH SELECT BOARD Date: November 18, 2020 Time: 4:00 PM VIRTUAL MEETING MINUTES Present: Chair Pete Dahl, Vice Chair Frank Bridges, Clerk Bill Meehan, Honey Pivirotto, Bob Young, Andy Evans, Robert Tobias, Alex Hopper; Select Board: Chair Mary Chaffee (5:49), Ben deRuyter, Dave Whitney, Ned Chatelain, Cynthia Bingham (5:55) Also present: Mimi Bernardo, Finance Director; Peter Lombardi, Town Administrator; Donna Kalinick, Assistant Town Administrator Absent: Larissa Haynes The Chairs 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 Finance Committee, please email: fincommeeting@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 A quorum was declared for both the Finance Committee and the Select Board. 1.Public Announcements and Comment - none 2.Joint Meeting with the Select Board: Presentation on and Discussion of FY22-26 Financial Forecast Peter Lombardi addressed the Committees. He gave a review of the budget process schedule and presented a slide show. An overview of the FY21 budget began the presentation. There was over a $500,000.00 reduction from the original FY21 presented budget following the Pandemic. Peter Lombardi reviewed the changes. Revenues for the FY22 budget include $200,000 to General Stabilization bringing up the balance to $3.7M, goal hedging against all the uncertainty in terms of building our reserved and giving the Town the greatest flexibility. Also the school budgets increased by 2.5% for both Nauset and Cape Cod Regional Tech’s operating budgets. We saw a significant enrollment shift where there was a significant decrease in Brewster kids going to Cape Cod Regional Tech. The pension expense is included with a 10% escalator. Health insurance costs are anticipated to rise by 5% of cost and 7% in FY23 and beyond. OPEB is up $44,000 for FY22, and increases over the following 4 years. The previously approved Housing Trust expenditure stands at $250,000. No new Town debt for capital is included in forecast, but continued conservative revenue estimates should create sufficient capacity to fund ongoing needs via Free Cash consistent with FY21-25 Capital Improvement Plan. Water and Approved: VOTE: Finance Committee Joint with Select Board Minutes November 18, 2020 Page 2 of 4 Golf budget projections are not addressed. Water is now a full enterprise account in FY21 and recently established 5 year rate plan. Golf may transition to enterprise account in FY23 and beyond based on the findings of this year’s comprehensive study. There is a FY22 and beyond placeholder of $3M for the Nauset High School debt exclusion assuming a 20 year term. The revenue and expense spreadsheets were displayed, with comments on certain increases in line items. The Estimated FY22 General Fund revenue totals are $48,999,569, projected FY22 General Fund operating appropriations are $48,711,392, leaving an estimated available FY22 levy capacity of $288,000. This is 0.6% of the annual operating budget and primarily attributed to the new Short Term Rental revenue. Supplemental FY21 Capital needs to be addressed at the spring 2021 Town Meeting. There is $2.6M+ in unappropriated Free Cash available. Select Board FY21-22 Strategic Plan Goals and the budget implications are: Engage stakeholders to determine policy position on residential exemption and other potential local tax relief policy options, Identify Affordable Housing Trust operating/capital needs, develop funding plan, and establish permanent funding mechanism, establish housing rehabilitation program and long-term rental assistance program. Identify funding to support creation of new Human Resource Department to implement findings from HR audit and complete compensation/classification study and related staffing analysis of all Town personnel. Other Financial Implications of the Select Board FY21-22 Strategic Plan Goals include; Determine policy position on potential changes to Community Preservation Act Fund Allocation Formula, Develop clear timeline/plan for moving water quality initiatives forward and determine whether to remain in Cape Cod and Islands Water Quality Protection Fund, 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, Foster stronger relationships with Nauset School District officials, especially regarding finances, Complete comprehensive assessment of Captains Golf Operations, Finances, and Capital needs, and determine feasibility of transitioning to Enterprise Fund, Implement 5 Year Green Community Energy Reduction Plan, manage ongoing solar projects with assistance from new Energy Manager, and reduce greenhouse emissions whenever possible. Ben deRuyter thanked Peter Lombardi and his team for all of the hard work putting this together for the meeting. He then turned it over to Finance Committee Chair Pete Dahl to start the discussion. Pete also thanked Peter Lombardi and his team, noting how it is tough to project further out for a budget process. Frank said it is a great package. We’ve had this event that has impacted us over the last 6-7 months and it’s changed the way this town has served its citizens. Sometimes this gives us a chance to look at reducing cost delivery going forward. He asked Peter if when looking at expenditures, he sees opportunities for changes in the way we deliver services going forward. Peter Lombardi answered the Select Board talked about that in their retreat this summer. By and large the changes have worked out well. Specific goal in the plan to make sure we look at how things have changed and how we might be able to carry forward some of this into the next years. We aren’t there yet, but changes are still happening very quickly. He is all for looking at what can change and what can stay looking forward. OPEB – Peter Lombardi said that generally about $75M we’ll be paying out to cover this liability. Bill asked him to confirm that Water Department and Golf are funding OPEB separately and are not included in this budget? Peter Lombardi said that was correct. Frank went on to ask about the DOR Short Term Rental revenues. Peter Lombardi said they are reported on a quarterly basis, and are actual figures. A majority of the Short Term Rental and lodging tax comes in during the months of June-September. As this is the first year, they would like to see more reporting before lessening the conservative figure included for revenues. Frank then asked if Finance Committee Joint with Select Board Minutes November 18, 2020 Page 3 of 4 there was an in-depth look at the real estate market in Brewster. The median home values show increases due to sales occurring during the pandemic. Will the assessed valuations of homes will be higher? Peter Lombardi and his various teams have been tracking the data finding inventory is down, median sales values are up, and sales are higher than they have been. He said new growth effect is separate and while the current market might have an impact on the tax rate, new growth is new construction and significant improvement increases. Alex was curious about the fact specific approach to estimating FY22 and areas he sees where we could receive more revenue than forecasted. Peter Lombardi said we have shared in the past couple months about what we have received in on local receipts. The challenge was just so much uncertainty in knowing what taxes will look like, but now that we got through the summer, we have fared pretty well. Mimi Bernardo also mentioned that there will be a lot of retirements coming up in the next year. It will take a few years for the trends to level out. Pete asked about the new growth projections. Peter Lombardi met with the Deputy Assessor who provided an analysis for the past 20 years. This included annual new growth figures, building permits issued, and valuations. Based on building permits pulled this year, which are down, is how they came up with the projections to the Finance team. It is conservative, but fair. Pete turned it back over to Select Board Vice Chair Ben deRuyter who asked the Select Board for comment. Dave Whitney had one comment other than a thank you for all the hard work. As a big fan of Free Cash, he appreciates the conservative approach. Ned Chatelain asked about looking at different department’s fee schedules, what is the philosophy with this and the budget process. Peter Lombardi said that last year, we had hoped to have that revisited on an annual basis and do it as part of the budget process in a perfect world. That is a bit harder this year due to the pandemic, and historically it hasn’t been a comprehensive approach. He is sensitive to the impact the pandemic has had on our residents and business community, this may not be the best time for fee increases. We would like to do it as part of the budget process but may not be realistic this year. Select Board Chair Mary Chaffee joined the meeting. Ben deRuyter had one comment, if he is mistaking the way the cash flows, please tell him. He appreciated Frank’s comments regarding Affordable Housing. The Board has offered to allocate 50% of Short Term Rental revenue to the Affordable Housing Trust which would be approximately $250k to appropriate to address the affordability problem in Brewster. We are talking about the $700K total as it’s likely the actuals will come in significantly higher than the $500k budgeted. He would suggest the idea of a policy whereby that amount gets transferred by way of Free Cash at a subsequent Town Meeting. Select Board Chair Mary Chaffee thanked the Finance Team for their hard work and presentation and the Finance Committee for having a joint meeting. She then turned to Finance Committee Chair Pete Dahl to adjourn the Finance Committee Meeting. Pete said there was a meeting scheduled for the Finance Committee for December 2, 2020 and adjourned the meeting. 3. Matters Not Reasonably Anticipated by the Chair- none Finance Committee Joint with Select Board Minutes November 18, 2020 Page 4 of 4 4.Next Meeting Dates of December 2 and December 16, 2020 5. Adjournment Bill Meehan MOVED to adjourn the meeting at 5:55 PM. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Robert Tobias – yes, Bob Young – yes, Alex Hopper – yes, Bill Meehan – yes, Honey Pivirotto – yes, Andrew Evans – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Select Board: Ned Chatelain MOVED to adjourn the meeting at 5:56 PM. Vice Chair deRuyter second. Roll Call Vote: Dave Whitney-yes, Ned Chatelain-yes, Ben deRuyter-yes, Cynthia Bingham-yes, Chair Chaffee-yes. The Board voted: 5-yes 0-no Respectfully submitted, Beth Devine Packet of additional documents on website for public review.