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Home My Public Portal AboutSelect Board -- 2020-11-16 Minutes 001tqulkuklbiiii �« F � Town of Brewster Office of: o •+. # Select Board • ; 2198 Main Street Town Administrator o w � Brewster, MA 02631 = 1898 r _ A Phone : ( 508) 896-3701 Fax : ( 508) 896= 8089 W/U fill +nnrtum+n� MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES DATE : November 16, 2020 - - W TIME : 6 : 00 PM a PLACE : Remote Teleconference ALL PARTICIPANTS ARE PARTICIPATING REMOTELY : Chair Chaffee, Selectperson deRuyter, Selectperson Whitney, Selectperson Chatelain , Selectperson Bingham, Town Administrator Peter Lombardi , Assistant Town Administrator Donna Kalinick, Assistant Town Administrator Susan Broderick, and Executive Assistant to the Town Administrator Robin Young, Chris Miller, Bill Meehan, Charlie Sumner, Richard Koch , and Rich Eldred Call to Order & Declaration of a Quorum . Meeting Participation Statement and Recording Statement Chair Chaffee called the meeting to order at 6 : 01pm , conducted a roll call vote of attendance, declared a quorum present, and read the meeting participation and recording statements . Executive Session : To consider the purchase exchange , lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body . Chair Chaffee stated that the Board would be going into executive session to consider the purchase, exchange , taking, lease, or value of real property as such discussion may have a detrimental effect on the negotiating position of the Town, and would be returning to open session . i Selectperson Bingham moved that the Board go into executive session at 6 : 01 pm to consider the purchase, exchange, taking, lease, or value of real property as such discussion may have a detrimental effect on the negotiating position of the Town , and would be returning to open session . Selectperson deRuyter second . Selectperson Whitney-yes, Selectperson Bingham -yes, Selectperson deRuyter-yes, Selectperson Chatelain , Chair Chaffee -yes . The Board vote was 5 -yes, 0 - No . Select Person Bingham moved to disolve executive session and return to open session at 7 : 11pm , Selectperson i deRuyter second . Selectperson Whitney-yes, Selectperson deRuyter-yes, Selectperson Bingham -yes, Selectperson Chatelain, Chair Chaffee-yes . The Board vote was 5 -yes, 0- No Public Announcements and Comment ' Members of the public may address the Select Board on matters not on the meeting's agenda fora maximum 3 5 minutes at the Chair's discretion Under the open Meeting Law, the Select Board is unable to reply but maV add items presented to a future agenda. No discussion . www , brewster-ma . gov BoS 1146-20 Page 1 of 5 i i DOC ID : ed012d3f255eb55a93ccd55a5e9a92992be726b2 1 0p�t�gtttlmglllklYybUp �aE Wsr Town of Brewster �<< k4 04 tc *e Office of: 0 0� 04 9 � Select Board 4� ; 2198 Main Street Town Administrator o " Brewster, MA 02631 = 1898 Phone : ( 508) 896 -3701 all, Fax : ( 508) 896-8089 /Zt�•ii�iSol* \\�\\\\ ai��nrxrn�immtatoca Select Board Announcements and Liaison Reports No discussion . Town Administrator' s Report The State updated Covid - 19 executive orders have been included in the packet . Mr . Lombardi reviewed the orders for the Board . An executive order issued November 6, #56, revised the State matrix for determining risk designations for municipalities . The State has been issuing messaging around holiday guidelines and this has been posted on the website . The State budget process has been approved by the House . State aid for FY22 is expected to be level fundedThe County Reopening Advisory Task Force has noted that the County has seen increases in cases in recent weeks . With the holidays coming they have posted new guidance as well . The Town has had 3 new positive general population cases in the past two weeks . The Millstone Road project has had a public forum for the design process, which is nearing the completion after a lag due to the pandemic . An update and outreach session will be held on Monday November 30th, for public involvement . Administration is looking to put the project out to bid in the spring, with work to begin in fall of 2021 . Survey work is currently being done in the field . A direct mailer was sent to all direct property abutters . The Crosby Culvert project will continue for the few months . Access will be restricted throughout the end of December . The DPW has wrapped up other drainage projects . The Brewster Woods infrastructure work will begin next month and last for several months . There is a conservation restriction included in the consent agenda for McGuerty Road . The purchase of this property was made possible with a $ 193, 000 . 00 LAND grant, $ 30, 000 . 00 contributed from BCT, $ 70, 000 . 00 from Water Reserve Fund , and $ 90, 000 . 00 contributed from Community Preservation funds . Colette Williams, Town Clerk, received designation as a Master Municipal Clerk . i Consent Agenda Conservation Restriction for McGuerty Road Open Space Land Acquisition Affordable Housing Restriction for FORWARD at the Rock 1 Authorize Chair to Sign Letter of Support for Community Preservation Application for Housing Coordinator Cemetery Plot Buy Back Request Authorize Use of Town Vehicle on Breakwater Landing August 10, & August 17 , 2020 Meeting Minutes Selectperson Chatelain expressed his support for the Housing Coordinator position funding . Selectperson Bingham , moved to approve the consent agenda as recommended by Town Administration , Selectperson Chatelain second . Selectperson Whitney-yes, Selectperson deRuyter-yes, Selectperson Bingham -yes, Selectperson Chatelain, Chair Chaffee -yes , The Board vote was 5 -yes, 0- No 3 1 www , brewster-ma . gov BoS 11 - 16- 20 Page 2 of 5 I i DOC ID : ed012d3f255eb55a93ccd55a5e9a92992be726b2 �REwBr ' Town of Brewster Office of: �a. � o� o� ` •+ 9 ` Select Board •' ti 2198 Main Street Town Administrator Brewster, MA 026314898 �� --- � ' Phone : (508) 896=3701 Fax : ( 508) 896=8089 -x o �IaHliNln�a\�\�"�'\\' Review & Discuss Updated Draft Town Charter (Select Board FY21 - 22 Strategic Plan Goal G -7 ) — Joint Meeting with Charter Committee Mr . Koch called the meeting of the Charter Committee to order at 7 : 28pm . Roll call attendace was taken ; Mr . Lombardi , Mr . Meehan, Ms . Bingham, and Mr . Koch declared themselves present, for a quorum . Mr . Meehan reviewed a PowerPoint presentation . It was the intention of the Charter Committee to create a single coherent document to memorialize best Town practices . Chair Chaffee supports the recommendation of the Charter Committee, as does the rest of the Select Board . The timeline of the Charter process was explained by Mr . Meehan . A copy of the document will be made public on the Town website . This will be a living document until May . At the Annual Town Meeting, a final version will be printed in the town warrant to be voted on by the residents . If approved by Town Meeting it will be sent to State Legislature for approval . Selectperson Whitney thanked Mr . Meehan and the members of the Charter committee, he had no suggestions of changes . Selectperson deRuyter asked about the bullet point in Chapter 2 : Town Meetings and Elections . " Once a quorum is obtained , there is no requirement for it to be maintained . This would allow an article to be voted on in the even that it was determined that attendees of the meeting had left . This allows a meeting to continue . Colette Williams had researched that this was the way many surrounding towns are operating . Charlie Sumner, Charter Committee member and Town Moderator had input that this had not occurred in the past, but this will address that warrant articles are completed in circumstances where attendance has been reduced throughout the end of Town Meeting . This respects the voters that do stay to finish the business of Town Meeting . Selectperson Chatelain referenced a recall of vote . This was intentionally left off the Charter document, but will still be addressed by a policy . An email was sent in from Jillian Douglas, asking for an explanation of the difference between Town Administrator and Town Manager . Mr . Meehan clarified that the difference holds no legal change, but that the Chief Excutive Officer of the j Town can be referred to as designated . Given the additional responsibilities and duties, the Committee felt a Town Manager title was more appropriate . Chair Chaffee referenced Chapter 241 : Recall of Elected Officers, Grounds of Recall . This matter was recently discussed by a subcommittee of the Assembly of Delegates . They i included the grounds of misfeasance — a transgression , as opposed to malfeasance . She recommends considering deleting misfeasance, and adding the inability to perform official duties . In Chapter 3 - 6 Limitations of Public Officials in Public Ceremonies, she also sees a problem is that several Select Board members are appointed to be on additional committees, so she would like to see language added so they 3 can continue to serve in those capacities . Mr. Lombardi commented that " misfeasance" comes from Town Counsel . There is explicitly placed language in the next section that states that determination of the standard l of recall is not one that is made by the Town to protect against the concerns Chair Chaffee raised . The presentation represents the changes that reflect the feedback that the Charter committee has received from Department Heads, Boards, and Committees . There is no changes in the form of government being I proposed . The Charter Committee is meeting again in the second week of December . With in that time they i will gather additional feedback . Mr . Koch asked for a motion to adjourn the Charter Committee . Cindy Bingham moved to adjourn the Charter Committee meeting at 8 : 12pm , Mr . Meehan second . Roll call vote was taken - Mr . Lombardi - yes, Mr . Meehan - yes, Ms . Bingham -yes, Mr . Sumner-yes and Mr . Koch -yes . www . brewster- ma . gov BoS 1146-20 Page 3 of 5 i DOC ID : ed012d3f255eb55a93ccd55a5e9a92992be726b2 I i 0001411fty 111/k 6 a T �.� Town of Brewster Office of: 9 Select Board 2198 Main Street Town Administrator � %0 WR Brewster, MA 02631 - 1898 0 V0 � $ Phone: ( 508) 896-3701 ' Fax : ( 508) 896- 8089 .� F i1l1PanIto ��U/M/IB1rylINIllBllN��p��\\� Discuss and Vote on Recommended Changes to Policy on Hunting on Town Property as Proposed by Conservation Commission Chris Miller has had conversations with the Conseration Committee over past year or two on increasing the areas on Town land where hundting is allowed . They have been working with the different Boards that hold care and custody on lands in town . The Conservation Commission has had discussion about Conservation lands on turkey and deer in the Punkhorn area , similar to how hunting is allowed on conservation land in West Brewster . They have had recommendation from both Town residents and a biologist from the State . They determined they needed additional information on the deer population and additional public feedback . This fall there was a hearing on October 20, 2020 . Following an additional hearing he met with the Water Commissioners to discuss the property in question . The area determined was off Freeman' s way . The policy from the Water Commissioners was to allow hunting in partial areas of the potential lands . Additional area was determined in West Brewster . Mr . Miller provided a map to show the different areas within the Punkhorn . This is a large wooded section with no hiking trails . The last directive from the Conservation Commission was that they were in favor of hunting in this area , by bow in a tree stand only . Chair Chaffee clarified that this discussion was before the Select Board as they have care and custody of some of the land in question . Robin Young read a large volume of emails from the public on the topic to the Select Board , Mr. Miller answered a question from Jillian Douglas . The State sets the regulations for hunting in MA . They issue the tickets for both bucks and does across the state, and Mr . Miller did not know the amount of tickets issued for each . Chair Chaffee summarized the policy, clarifying that it is only for archery . The season is October through December, but not every day. There is no hunting allowed on Sundays . Selectperson Bingham clarified that there are no trails in the proposed area . Selectperson Chatelain is supportive of the 7 policy, and is sympathetic to the public opposed . He feels the section of the parcel selected and method of hunting is appropriate . Selectperson Whitney asked Mr . Miller to summarize the State survey of the deer { population in the Punkhorn . There was some moderate impact from the deer on this location . They are eating undergrowth , and starting to have an impact on the understory in the area . Deer pellets are slightly above what they consider healthy for the eco-system . Chair Chaffee listened to the State presentation at the October 20, 2020 meeting and reviewed the data . In reviewing the policy she agrees that bow hunting is a safe way to hunt, but does not meet the States anticipated reduction of deer . She is not confident this is the right time to implement this policy . Selectperson deRuyter noted that the policy referenced archery and primitive firearms . The Conservation Commission would like to modify the policy to remove the primitive firearms . All three of the Boards ideally would approve the area , as they all have care and custody of parts of the area , to create a cohesive area . Selectperson deRuyter would like to ensure a great deal of information , education and enforcement of the potential hunting area be done . Selectperson deRuyter asked if the action in 1989 to ban hunting in the area was that of the Selectmen . Mr . Miller reviewed that it was a nonbinding ballot question . Selectperson Whitney received a text that there are additional emails that were not read . Chair Chaffee and Robin Young reviewed the emails and read additional emails . Selectperson deRuyter pointed out that there are dozens of emails opposed to the policy, and that the responsible action would be www . brewster" ma . gov BoS 11 - 16 -20 I Page 4 of 5 i DOC ID : ed012d3f255eb55a93ccd55a5e9a92992be726b2 1 a 3 000 E WBii�p ��// �<< � Town of Brewster Office of: a o o• •+, 9 �W Select Board �r •,� +� ; 2198 Main Street Town Administrator o Brewster, MA 026314898 �r Phone : (508) 896-3701 Fax : ( 508) 896=8089 %, M;IZI#in�nlininia��c�"`�'\'' to table the discussion for spring Town Meeting . Legal advisement should be sought . Selectperson Bingham would also like this item be a non - binding ballot vote in May . Mr . Lombardi reviewed the 1989 ballot vote and the language from the warrant article that was voted on . His recommendation is to consult legal advisement as well to understand the extent if they are advisory in nature or bonding . Selectperson deRuyter moved to table the discussion until spring Town Meeting and direct the Town Administrator to seek advice from Town Counsel on how to interpret the 1989 decision, Selectperson Bingham second . A roll call vote was taken . Selectperson Whitney-yes, Selectperson Chatelain -yes, Selectperson deRuyter-yes, Selectperson Bingham -yes, Chair Chaffee -yes . The Board vote was 5 -yes, 0 - No . For Your Information No discussion . Matters Not Reasonably Anticipated by the Chair None . Questions from the Media None . Next Meetings November 18 (Joint with Finance Committee ) , and December 7 & 21, 2020 Adiournment Selectperson Bingham moved to adjourn at 8 : 59 pm , Selectperson Whitney second . A roll call vote was taken . Selectperson Whitney-yes, Selectperson Chatelain -yes, Selectperson deRuyter-yes, Selectperson Bingham -yes, Chair Chaffee -yes . The Board vote was 5 -yes, 0- No . { a Respectfully submitted , j Robin Young /� { Approved . 12 / 08 / 2020 Signed : pp Date Selectperson Bingham , Clerk of the Board of Selectman Accompanying Documents in Packet : agenda, TA report documents, consent agenda, FYI ' s, draft Charter, hunting area maps and documents j 1 i t' I 1 i www . brewster-ma . gov BoS 11 - 1 &20 Page 5 of 5 1 3 s DOC ID : ed012d3f255eb55a93ccd55a5e9a92992be726b2 i i a