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HomeMy Public PortalAboutSelect Board Meeting Packet - 03.01.2021Pages 2-33 Pages 34-48 Pages 49-50 Pages 51-62 Pgs 63-144 Pgs 145-149 Pages 150-174 Pages 175-188 COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Situation in Numbers Massachusetts current as of 2/25 545,624 Total Confirmed Cases (click here for more information) 15,657 Deaths among confirmed cases 15,894,675 tests for the virus conducted to date by MA State Public Health Laboratory, hospitals, and commercial laboratories. United States Last Updated 2/25 Case numbers are updated regularly at noon. Saturday/Sunday reports are preliminary and have not been confirmed with state/territorial health departments. Total Cases Reported to CDC: 28,065,327 Total Cases 501,181 Deaths 57 Jurisdictions Reporting Cases (50 states, D.C., Puerto Rico, Guam, Northern Marianas, Marshall Islands, American Samoa, and US V.I.) Social Distancing Basics:  Stay Home  Call/Facetime/online chat with friends and loved ones. If you go out for essential needs:  Avoid crowds  Stay 6 feet away from others  Don’t shake hands or hug  Wear a face covering or mask. Thursday, February 25, 2021 COVID -19 Command Center Massachusetts Emergency Management Agency Situation Update The Command Center Situation Report is published weekly. The next report will be published on Thursday, 3/4/21. In This Week’s Report: • Latest Data: Public Health & Vaccine Data Update • Week in Review: Key State Actions o $4.7 Million for Vaccine Equity in Hardest Hit Communities; Regional Vaccination Collaboratives o Plans for Continued Reopening o DPH, Emergency Management, and Disaster Recovery Updates o Holyoke and Chelsea Soldiers’ Homes Weekly Update Helpful Links: • COVID-19 Vaccination Locations • When can I get the COVID-19 vaccine? • COVID-19 Vaccine in Massachusetts • Public Messaging Resources for Municipalities & Businesses • Mass.gov/findfoodhelp • HandHoldMA.org • Reopening Massachusetts • Massachusetts Emergency Management Agency • Unemployment & COVID-19 • Dept. Of Transitional Assistance Online Portal • COVID-19 Cost Eligibility and Tracking Guidance Governor Baker visited a new mass vaccination site in Natick on Wednesday. During this visit, it was announced that $4.7 million is being used to promote equity in our hardest-hit communities, with a focus on reducing barriers for populations like homebound seniors. Story below. COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Latest Data: COVID-19 Public Health Update Key indicators from today’s interactive dashboard are below. COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Weekly Public Health Report: The Command Center released the Weekly Public Health Report, with town by town information, including the weekly listing of city and town risk levels on Thursday, 2/25. The report also includes granular information on cases by county, biweekly testing rates, contact tracing information (including active COVID cluster information by Exposure Setting Type), hospitalization data, race and ethnicity data, information about cases in long term care facilities, and PPE distribution data. Vaccine Update: For a more detailed weekly breakdown, visit the MA COVID-19 Vaccination Data webpage. Week in Review: State Actions $4.7 Million for Vaccine Equity in Hardest-Hit Communities; Regional Vaccination Collaboratives The Baker-Polito Administration yesterday announced a new $4.7 million initiative to promote COVID-19 vaccine equity in the 20 communities most disproportionately impacted by the pandemic. The Administration also announced 11 high-efficiency regional vaccination collaboratives involving local health officials and other regional partners. Governor Baker made the announcements after touring the new mass vaccination location in Natick. Vaccination Appointments: Today, around 50,000 new appointments will be added at mass vaccination locations across the Commonwealth. This includes the mass vaccination locations at Fenway Park, Gillette Stadium, Springfield, Danvers, Dartmouth and Natick. Retail pharmacies like CVS and Walgreens will also administer over 20,000 doses next week as well. Residents can go to www.mass.gov/COVIDvaccine tomorrow morning to find and schedule their appointments. Appointment availability is very limited due to the constrained supply of vaccine doses that the Commonwealth is receiving from the federal government. $4.7 Million for Vaccine Equity: The Administration today announced a $4.7 million effort to support its vaccine equity initiative announced last week, which focuses on reducing barriers to vaccination in the 20 hardest-hit communities in the Commonwealth. The Administration will work with Archipelago Strategies Group (ASG) and Health Care for All (HCFA) to best leverage these funds. The initiative will support and coordinate with local leaders and community- and faith-based organizations to strengthen existing efforts in these cities and towns. These efforts will specifically focus on communities of COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT color, homebound seniors, disabled individuals and other hard-to-reach populations. ASG and HCFA will provide hyperlocal, population-specific communication resources as well as hiring local residents and working with local organizations with cultural and linguistic competencies to reach disparately impacted populations in each priority municipality. ASG specializes in grassroots mobilization, partnering with local leaders, community organizations, and media partners to develop community-based solutions. As a subcontractor, HCFA will provide high-touch support for priority communities, including direct service support, community organizing, education, and outreach. This work will complement the Commonwealth’s $2.5 million public awareness campaign, “Trust the Facts, Get the Vax,” adapting the campaign’s messaging for specific communities. The initiative will focus on the 20 municipalities with the greatest COVID-19 case burden, taking into account social determinants of health and the disproportionate impact of COVID-19 on people of color. These communities are Boston, Brockton, Chelsea, Everett, Fall River, Fitchburg, Framingham, Haverhill, Holyoke, Lawrence, Leominster, Lowell, Lynn, Malden, Methuen, New Bedford, Randolph, Revere, Springfield, and Worcester. This work will be coordinated with targeted opportunities for increased vaccine access through existing and new locations, including pop up sites and mobile clinics. Regional Collaboratives: In addition, the Administration today also designated 11 new regional collaboratives that will support efforts to streamline vaccination efforts. These collaboratives will leverage local health officials, regional hospitals and others to deliver high-throughput, efficient vaccination sites for all eligible residents across the Commonwealth beginning March 1. Collaboratives must meet several criteria: • Have capacity to vaccinate a minimum of 750 individuals per day, 5 days per week (subject to vaccine availability); • Meet an administration rate threshold of 85% and report doses within 24 hours; • Be open to all residents of the Commonwealth (collaborations may focus outreach efforts towards those who live or work in the area, but must be open to all Massachusetts residents) • Provide public links for vaccine appointments on www.mass.gov/COVIDVaccine. New and existing collaboratives announced today: • Barnstable County • Berkshire County Boards of Health Association • Franklin County Regional Collaborative • Harrington Hospital, in Collaboration with LBOH • Heywood Hospital, in Collaboration with LBOH • Lawrence General Hospital, in Collaboration with LBOH • Marshfield-Plymouth • Northampton & Amherst • Randolph – Collaboration between Avon, Holbrook, and Randolph • Rutland • Worcester, Worcester State University, Commonwealth Medicine and St. Vincent Hospital Information about booking appointments through these collaboratives will be available on www.mass.gov/COVIDvaccine in the coming days. Regional collaborative leaders on their programs: Marshfield-Plymouth: “The Marshfield Fairgrounds drive-through site is a place for residents on the South Shore to get vaccinated while in their cars without the worry of parking, walking, or waiting in line. Special thanks to Governor Baker, Lt. Governor Polito and their administration for supporting this site to service so many people in South Eastern Mass. The more people we can get vaccinated the closer we get to ‘herd immunity.’ This COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT pandemic does not recognize town borders, and neither can we.” – Michael Maresco, Marshfield Town Administrator Lawrence General Hospital, in collaboration with local health departments: “Our Lawrence General Hospital vaccination team is currently vaccinating over 1,000 people a day including some of the most vulnerable in our community. The communities we serve have been disproportionately impacted by COVID-19 and Lawrence General Hospital remains committed and eager to continue working closely with city leaders and state health officials as we ramp up vaccination efforts here in the Merrimack Valley.” – Deborah J. Wilson, President and CEO of Lawrence General Hospital Berkshire County Boards of Health Association: “We recognized early-on that working together would be the most effective way to vaccinate our community here in the Berkshires. Our local health care organizations and public health departments had been partnering since the beginning of the pandemic, and collaborative vaccination clinics were the natural next step. We are grateful to the Commonwealth for helping us to formally create the Berkshire Vaccine Collaborative, and we look forward to continuing our work to vaccinate our entire community.” – Laura Kittross, Director of the Berkshire County Boards of Health Association, and Darlene Rodowicz, Executive Vice President of Berkshire Health Systems Randolph: "Since February 5th, Randolph has been operating as a regional Covid-19 vaccination site in collaboration with our neighboring communities of Avon and Holbrook. As our efforts ramp up to vaccinate Massachusetts residents through the different phases of eligibility, we are grateful for this opportunity and partnership with the COVID Command Center. This step towards vaccine distribution equity is important and Randolph is proud to partner with the state to ensure a smooth and efficient process.” – Gerard F. Cody, REHS/RS, Randolph Public Health Director Rutland: “The Town of Rutland is pleased to operate a regional COVID vaccination site. Rutland is the geographic center of the Commonwealth. We anticipate operating at 750 vaccine doses daily / 5 days a week. We are happy to fulfill this need in Central MA.” – Richard C Stevens, Rutland Health Agent Heywood Hospital, in collaboration with local health departments: “In partnership with the City of Gardner, Heywood Healthcare opened its Covid-19 Vaccine Clinic on January 28, 2021. Located at the Polish American Citizens Club in Gardner, the clinic is staffed primarily by community volunteers consisting of retired physicians and RNs, in addition to Mount Wachusett Community College nursing students. It's an honor to provide this service to our community, and we look forward to expanding that service to more individuals eligible for vaccine. We are grateful for our partnership with the state as we work through this pandemic and look forward to coming out on the other side. During its first month of service, operations at the clinic quickly ramped up from 200 doses administered during one session per week to nearly 2,500 doses now being administered during three sessions per week.” – Rozanna Penney, Vice President of Perioperative Services and Clinic Director at Heywood Hospital Harrington Hospital, in collaboration with local health departments: “Harrington began providing vaccine to its employees in mid-December and quickly moved to vaccinate first responders. We then began working with the State to receive more vaccine to become a Statewide site and partnered with the local and regional communities. We worked closely with Southbridge to utilize their community center and gained support from local police and fire/EMS. This is an ongoing critical partnership! We went from vaccinating about 150 per day and now are doing more than 500 per day. The Commonwealth has supported our program as essential to provide vaccine to all those that are eligible.” – Ed Moore, President and CEO of Harrington Hospital COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Northampton & Amherst: “I’m proud that Northampton has been chosen to fulfill this critical role for the people of Western Massachusetts. We take our responsibility very seriously as we work to get everyone vaccinated and get all our lives back to normal. I’m proud to have strong partners in the Town of Amherst and the State Department of Public Health to accomplish our mission as fast as possible.” – Merridith O’Leary, Northampton Public Health Director Plans for Continued Reopening Today, the Baker-Polito Administration announced that Massachusetts would advance to Step 2 of Phase III of the state’s reopening plan on Monday, March 1, and also announced its plan to transition to Step 1 of Phase IV on Monday, March 22. With public health metrics continuing to trend in a positive direction, including drops in average daily COVID cases and hospitalizations, and vaccination rates continuing to increase, the Administration is taking steps to continue to reopen the Commonwealth’s economy. The Administration also announced more than $49 million in awards to 1,108 additional small businesses in the eighth round of COVID-19 relief grants administered by the Massachusetts Growth Capital Corporation (MGCC). These new awards are the result of work by MGCC to engage with applicants that meet sector and demographic priorities but are missing certain documents that are necessary to be considered for an award. Phase III, Step 2: On May 18, 2020, the Baker-Polito Administration released a four-phased plan to reopen the economy conditioned on sustained improvements in public health data. As of October 2020, the reopening had proceeded to Step 2 of Phase III of the plan. On December 13, 2020, in response to an increase in new COVID-19 infections and hospitalizations following the Thanksgiving holiday, the Commonwealth returned to Step 1 of Phase III, reducing capacities across a broad range of sectors and tightening several other workplace restrictions. Since the beginning of this year, key public health data, such as new cases and hospitalizations, have been closely monitored and a significant decline has been documented, allowing for a return to Step 2 of Phase III, effective March 1 for all cities and towns. This includes the following updates to businesses, activities and capacities: • Indoor performance venues such as concert halls, theaters, and other indoor performance spaces will be allowed to reopen at 50% capacity with no more than 500 persons • Indoor recreational activities with greater potential for contact (laser tag, roller skating, trampolines, obstacle courses) will be allowed to reopen at 50% capacity • Capacity limits across all sectors with capacity limits will be raised to 50% and exclude employees • Restaurants will no longer have a percent capacity limit and will be permitted to host musical performances; six-foot social distancing, limits of six people per table, and 90-minute limits remain in place Residents must continue to wear masks to prevent the spread of COVID-19 and are encouraged to avoid contact outside of their immediate households. The Travel Advisory and other public health orders remain in effect. Gathering Changes and Phase IV Start COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Provided public health metrics continue to improve, effective on March 22, all communities in Massachusetts will move into Step 1 of Phase IV of the state’s reopening plan. This will open a range of previously closed business sectors under tight capacity restrictions that are expected to be adjusted over time if favorable trends in the public health data continue. Effective on the planned advancement to Step 1 of Phase IV, the following industries will be permitted to operate at a strict 12% capacity limit after submitting a plan to the Department of Public Health (DPH): • Indoor and outdoor stadiums • Arenas • Ballparks Also effective on March 22, gathering limits for event venues and in public settings will increase to 100 people indoors and 150 people outdoors. Outdoor gatherings at private residences and in private backyards will remain at a maximum of 25 people, with indoor house gatherings remaining at 10 people. Additionally, dance floors will be permitted at weddings and other events only, and overnight summer camps will be allowed to operate this coming summer. Exhibition and convention halls may also begin to operate, following gatherings limits and event protocols. Other Phase IV sectors must continue to remain closed. COVID-19 Business Relief Grants Today, an additional 1,108 businesses are receiving COVID-19 relief grants totaling more than $49 million in awards to help with expenses like payroll, benefits, utilities and rent. To date, the Baker-Polito Administration has awarded more than $563 million in direct financial support to 12,320 businesses impacted by the pandemic through the Small Business and Sector-Specific Grant Programs. Each business meets sector and demographic priorities set for the two grant programs. More than half of grantees are restaurants, bars, caterers, operators of personal services like hair and nail salons, and independent retailers. Over half of the businesses receiving relief are women-and-minority-owned enterprises. Today’s awards are the result of a process by MGCC to engage directly with applicants that met sector and demographic priorities but were missing documents necessary to be considered for an award. MGCC is continuing to work with business owners in targeted sectors and demographic groups to allow for applicants to submit necessary documents. Important Updates Department of Public Health Updates: • DPH will support and manage the $4.7 million targeted COVID-19 vaccine equity outreach initiative to reduce barriers in the 20 cities and towns most disproportionately impacted by the virus (see article above). The funds will be leveraged through Archipelago Strategies Group (ASG) and Health Care for All (HCFA) to provide hyperlocal, population-specific communication resources as well as hiring local residents and working with local organizations to reach disparately impacted populations in each priority community. • In its first two weeks, DPH’s “Trust the Facts, Get the Vax” public information campaign earned 1.5 million impressions, 600,000 completed video views and 29,000 website pageviews. Campaign ads are airing on TV, radio, and digital platforms in multiple languages. Information and resources can be found here. • DPH issued a Bulletin – What Massachusetts COVID-19 Vaccine Providers Need to Know, for the week of 2/21. This Bulletin offers the Latest Numbers, Who to Vaccinate This Week, What to Know This Week, COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Where to go when you have questions about COVID-19 vaccination, and Resources and Learning Opportunities. • DPH Epidemiology Line handled 330 COVID-19 calls and 70 non-COVID-19 calls for a total of 400 calls from 2/15 through 2/21. • As of 2/23, the Academic Public Health Volunteer Corps has 303 volunteers supporting 52 local boards of health. For more information about the Academic Public Health Volunteer Corps, please visit the APHVC webpage on Mass.gov. The APHVC will be hosting an Interdisciplinary Meeting with schools of nursing, pharmacy, medical, social work, informatics, physician assistants and nurse practitioner programs from the 13 academic partners on 2/26 at 10am via WebEx. • COVID-19 Vaccine Hesitancy Survey - The Academic Public Health Volunteer Corps (APHVC) developed a survey to assess vaccination attitudes and the degree of vaccine hesitancy among people in Massachusetts. Results from the survey will be used to understand communication needs and inform vaccine confidence messaging going forward. The initial deadline to complete the survey is March 12. • DPH Office of Community Health Workers Webinar - CHWS and the COVID-19 Pandemic (Part Two) on 3/10, 10:30am – 12:00pm. This second session topic will be a discussion on Community Health Workers and the COVID-19 pandemic. • MA211 received 17,115 calls from Monday 2/15 through Sunday 2/21 for a new total of 239,060. On Thursday, 2/18, MA 211 recorded the highest one-day call volume in MA 211 history. These numbers do not reflect calls to the new appointment assistance call centers. • DPH received Cycle 11 allocations on 2/17 as follows: Bamlanivimab 300 doses and Regeneron 0 doses due to a repackaging project being conducted by the supplier. This allocation is for a two-week period. The Therapeutics Working Group is recommending an equitable allocation strategy. • DPH issued guidance to long-term care facilities (LTCF) for obtaining COVID-19 vaccine for their residents: Vaccination Options for Long Term Care Residents and Staff following the Federal Pharmacy Partnership Program • HMCC Regions 1, 2, 3, and 4 remain in Tier 3. Due to decreasing COVID -19 cases and hospitalizations, improving hospital capacity, and a diminishing need for daily load balancing, HMCC Region 5 will be moved to Tier 3, effective today, February 25. This modification is made in accordance with the DPH COVID-19 Resurgence Planning and Response Guidance for Acute Care Hospitals. DPH and the COVID-19 Command Center will continue to work closely with all regions to support strategies to improve hospital capacity statewide. • For the date range of 2/12 – 2/18, 95 of 96 Massachusetts hospitals were 100% compliant in their COVID-19 data submissions to the DPH WebEOC portal which is submitted to the federal HHS Protect portal daily. • There are currently 11 Rapid Response Teams, comprised of nursing staff, deployed to nursing homes across the Commonwealth. Teams are also helping nursing homes on the day of their Vaccine Clinics to ensure staff and residents are monitored after vaccination. • There are also 2 National Guard Teams deployed and supporting nursing and rest homes. Emergency Management and Disaster Recovery Updates: Mass Care • 4 state contracted isolation/recovery hotels in the communities of Everett, Pittsfield, Taunton, and Wakefield continue to receive client placements: 64 individuals are currently housed in the program. Wakefield’s last guest is scheduled to leave Friday, February 26th. The hotel will then close due to decreasing demand in the Isolation and Recovery Program. o Top 5 referring cities:  Boston (350) COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT  Worcester (186)  Springfield (166)  Cambridge (117)  Brockton (113) o To date, a total of 2,063 residents have been placed in these hotels for safe isolation and recovery, an increase of 41 since last week. Community Food Box Program Update (2/19 to 2/25): MEMA is partnering with the Salvation Army, and a vendor, to bring in shelf-stable food boxes each week to support communities in their effort to deliver food to individuals and families in quarantine and isolation who require assistance accessing food. Each week MEMA’s warehouse receives a delivery of shelf-stable food boxes. Distribution of food boxes is coordinated between MEMA and communities in need via a request through WebEOC. The table below reflects the current food box inventory, and number of food boxes distributed to communities during the weekly reporting period (data is updated every Friday). Total Number of Food Boxes in MEMA’s Inventory Total Number of Food Boxes Distributed to One or More Local Communities During the Reporting Period Total Number of Communities that Received Food Boxes During the Reporting Period 2,551 522 4 Logistics (including Personal Protective Equipment and Supplies) • 50 orders prepared for pickup or delivery from the MEMA State Logistics Warehouse from 2/19-2/25. • The Everett Isolation hotel was resupplied with food, drinks, and PPE this week. • DPH coordinated 28 deliveries to health care entities on Monday (2/22) ( 3 testing supplies, 388 BinaxNOW Kits and 3 therapeutics); 17 deliveries were made on Tuesday (2/23) (2 testing supplies, 658 BinaxNOW kits, 3 albuterol and 1 therapeutic); 10 deliveries were made on Wednesday (2/24) (1 PPE, 1 therapeutic and 82 BinaxNOW kits); 11 deliveries were made on Thursday (2/25) (2 PPE and 191 BinaxNOW kits); and 5 deliveries have been scheduled for Friday (2/26) (109 BinaxNOW kits). Disaster Recovery On March 27, 2020, the President declared a Major Disaster Declaration for the Commonwealth of Massachusetts related to the COVID-19 pandemic response. Through this declaration, federal aid will be made available to cities and towns, state agencies, and certain non-profits in all Massachusetts counties to help pay for emergency protective measures (response costs) related to the COVID-19 pandemic. MEMA’s Recovery Unit has developed a webpage with information and guidance on, but not limited to, disaster declaration, eligibility COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT criteria, and the application process. Highlights from the Disaster Recovery process include the following: • FEMA Requests for Public Assistance (RPA): 663 • Technical Assistant Requests: 515 • Continue to provide technical assistance for applicants planning to operate regional COVID-19 vaccination sites. • Working with FEMA partners to obtain expanded eligibility guidance referenced in the 2-3-21 FEMA statement. This statement explained the Presidential Directive that increased the federal cost share to 100% federal funding under the Public Assistance Program. • FEMA granted a 30-day extension to the Commonwealth’s emergency feeding program authorizing activities through March 26, 2021. COVID-19 Cases in Long-Term Care (LTC) Facilities (as of 2/25) Residents/Healthcare Workers of LTC Facilities 34,666 LTC Facilities Reporting at Least One Case of COVID-19 424 Deaths Reported in LTC Facilities 8,531 Holyoke Soldiers’ Home Weekly Update (current as of 2/23/21) • The Soldiers’ Home in Holyoke has re-opened in-person visitation for veteran residents and their loved ones, starting February 10, 2021, and since then has hosted 151 visits. o The Home is implementing updated guidance from DPH to ensure the safety and wellbeing of residents, staff, and those visiting. All visitors are screened and required to wear PPE and social distance, and negative test results are strongly encouraged before visiting. There is designated visitation space at each Home, and high touch surfaces will be sanitized after each visit. o At this time, we are asking that loved ones schedule one visit each week, and as more availability becomes available, more may be scheduled. o Visitation is taking place Tuesday through Saturday, from 9:00am to 3:00pm, and 24 slots will be offered each day. Visits will be scheduled for at least 45 minutes. Visits can be scheduled by calling the Family Line at 413-552-4764. 8:00 a.m. - 4:00 p.m. o The Soldiers’ Home in Holyoke will also continue to offer and support virtual visitation. o The Family Line is available for ad hoc updates with support from social work and clinical staff. Families can also request updates via email at CommunicationsMailbox-HLY@Mass.gov. Note: The Soldiers’ Home can only share medical information about a resident with the authorized health care proxy on file. • CVS Health returned to the Home on February 9 for the third and final onsite vaccine clinic, to administer second doses of the vaccine to those vaccinated, and first doses to individuals who newly consented. The first and second vaccination clinics were held on December 29 and January 19. Following the completion of the vaccination clinics. o At the Soldiers’ Home in Holyoke, 117 veteran residents and 220 staff have received both doses. o 1 veteran resident and 10 staff have received their first dose. COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT o The Home is strongly encouraging all staff to receive the vaccine. On top of the efforts to provide educational information about the COVID-19 vaccine, including COVID-19 vaccine FAQ sheets, and vaccine informational forums with clinical staff, individuals who had not been vaccinated received individual outreach to provide education and encourage vaccination. All educational materials are available in both English and Spanish. • This week, Phase III of the Refresh Project began on the 4th Floor. The Refresh Project is an important infection control initiative to improve the home in the immediate term for residents and staff. • On February 11, the Baker-Polito Administration filed a $400 million bond bill which would provide capital authorization for the major project to reconstruct the long-term care facility at the Holyoke Soldiers’ Home. The Commonwealth has been making capital investments to address the short and long- term needs of the Home. This includes a short-term Refresh Project and this longer-term Rapid Planning Capital Project (www.mass.gov/HolyokeSHProject) for a future Soldiers’ Home in Holyoke. While the expedited capital project will address long-term facility needs, the Executive Office of Health and Human Services, Department of Veterans’ Services, and Division of Capital Asset Management and Maintenance have been addressing immediate capital needs, including a $6 million refresh of units to significantly improve infection control for the residents and staff. o This bond bill is the next step of the expedited capital project, following the recommendations laid out in the needs assessment report that was released on Veterans Day, following the Rapid Planning Phase. Payette Associates is the design firm leading the design and planning phase, building on the evaluation they previously completed, and developing a full project scope, refining the plan, confirming the budget, timelines, and ensuring conformity with the regulatory process. To meet the VA State Home Construction Grant’s April 15, 2021 deadline, the bond bill must be enacted by mid-March, with a terms bill filed and enacted soon afterwards. The design development phase must be completed by August 1, 2021 to be eligible for this cycle of the grant program. • The Soldiers’ Home is working with Home Base, a veteran support organization that is a partnership of the Red Sox Foundation and Massachusetts General Hospital, to help improve the quality of life, increase psychosocial interventions to address isolation during the pandemic. Home Base has linked us to virtual concerts provided by professional and amateur volunteers. The concerts are interactive— featuring musical performances and conversation between the Veterans and musicians. The concerts occur every Tuesday and Thursday afternoon. The team at Home Base is working with Social Work, Recreation and Nursing to provide other opportunities for virtual activities. o Home Base has extended their free veteran counseling offerings to our Soldier’s Home families and staff. • The Soldiers’ Home in Holyoke is taking every precaution to mitigate COVID-19 entering and spreading at the Soldiers’ Home in Holyoke. Based on guidance from DPH, and in consultation with infection control experts, the Home is continuing mandatory 2 times per week testing for all staff and residents. Increased testing frequency will allow us to detect COVID-19 early and will continue until the Home receives 14 consecutive days of negative results. o The Soldiers’ Home in Holyoke has been intently focused on following infection control procedures and maintaining best practices for the safety of veteran residents and staff. All veteran residents’ health is being monitored and retesting is being conducted for veterans both on- and off-site as clinically appropriate. The Soldiers’ Home’s medical team is making all clinical decisions following the latest CDC guidance, which continues to evolve as the medical community learns more about this new virus. • In addition to mandatory testing at state-operated 24/7 facilities, daily symptom checking and routine staff surveillance testing are important tools to protect staff, residents and visitors and will remain in place until such time there is a medical breakthrough or a safe and effective vaccine for COVID 19. Staff who are not feeling well are instructed not to come to work and to contact their health care provider. If COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT staff show any signs of COVID-symptoms, they are required to self-quarantine at home, per CDC guidance for health care workers. • The Soldiers’ Home leadership is committed to ensuring the safety of the Veteran residents and restoring the Home to its rightful place that treats them with dignity, honor, and respect. The Soldiers’ Home leadership is moving into the Transition & Rebuilding Phase that is focused on rebuilding staff leadership and team and positioning the facility to move forward safely. • In June, the Baker-Polito Administration released the independent report ordered by Governor Baker to investigate the COVID-19 outbreak at Holyoke Soldiers’ Home, and announced a series of reforms to strengthen its governance and oversight of the Home, improving staffing processes, providing quality care for our Veterans, and planning for significant capital improvements. • The status of all residents as of February 23 is as follows: o Status:  0 veteran residents are positive and not clinically recovered  2 veteran residents are negative  44 veteran residents have a pending test. Please note that all veteran residents and staff are now being tested twice weekly, which will increase the number of pending tests.  73 veteran residents have been determined clinically recovered  0 veteran residents have refused testing o Resident locations:  117 veteran residents are onsite  2 veteran residents are receiving acute care offsite o Since March 1, there have been 77 deaths of veteran residents who tested positive • Following the most recent staff surveillance testing o 0 are positive o All others who previously tested positive are clinically recovered Chelsea Soldiers’ Home Weekly Update (current as of 2/23/21) • The Soldiers’ Home in Chelsea has re-opened in-person visitation for veteran residents and their loved ones, starting February 10, 2021, and has since hosted 56 in-person visits with veterans. o The Home is implementing updated guidance from DPH to ensure the safety and wellbeing of residents, staff, and those visiting. All visitors are screened and required to wear PPE and social distance, and negative test results are strongly encouraged before visiting. There is designated visitation space at each Home, and high touch surfaces will be sanitized after each visit. o At this time, we are asking that loved ones schedule one visit each week, and as more availability becomes available, more may be scheduled. o Visitation is taking place Monday through Friday 9:00am-7:30pm, and 8 slots will be offered each day; and Saturday & Sunday from 1pm-4pm, and 3 slots will be offered each day. Visits will be scheduled for at least 45 minutes long. o The Soldiers’ Home in Chelsea will also continue to offer and support virtual visitation. o Families can request updates on their loved ones by contacting their assigned social worker, or emailing the Home at CSH@mass.gov. Medical information can only be shared with an authorized health care proxy. • CVS Health returned to the Home on February 9 for the third and final onsite vaccine clinic to administer second doses of the vaccine to those vaccinated, and first doses to individuals who newly consented. The first and second vaccination clinics were held on December 29 and 30, and January 19 and 20. Following the completion of the onsite vaccination clinics: o 159 residents and 208 staff have received both doses o 6 veteran residents and 67 staff have received their first dose COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT • The Home remains vigilant in its infection control, including enhanced precautions throughout the facility and strict infection control protocols to keep veteran residents and staff safe, including continuing staff education, screening, and testing. • Clinical staff closely monitor any changes in residents, and the Soldiers’ Home’s medical team is making all clinical decisions following the latest CDC guidance, which continues to evolve as the medical community learns more about this new virus. The CDC recommends making medical decisions regarding when to end isolation and determine that the patient has recovered based on symptoms and time elapsed. • The Soldiers’ Home in Chelsea currently weekly staff surveillance testing. In accordance with CMS rules, the Soldiers’ Home is now conducting weekly testing until the facility is 14 days without positive test results. These tests are provided at no cost to employees. • The Soldiers’ Home in Chelsea monitors the PPE supply, and continues to receive shipments of PPE. The Incident Command team at the Chelsea Soldiers’ Home continues to enforce staff use of personal protective equipment (PPE), as well as source PPE to ensure that residents and staff have access to critical safety equipment. The team continues to coordinate closely with the VA Health Care System. • The status as of February 23 is as follows: o Residents  1 veteran resident is positive, in independent living  126 veteran residents are negative  47 veteran residents have recovered, meaning they previously tested positive and are now clinically recovered  0 veteran residents have pending tests  Since March 1, there have been 31 deaths of veteran residents who tested positive o Following the most recent staff surveillance testing:  2 employees are positive  All other employees who previously tested positive have been determined clinically recovered Communications Resources Public Messaging Resources for Communities: The COVID-19 Command Center and DPH have produced many communication resources aimed at helping communities inform and educate residents on recent executive orders and guidance related to COVID-19. New Resources: • Trust the Facts, Get the Vax Campaign Materials | Mass.gov • COVID-19 Vaccine Posters | Mass.gov • Preparing for your COVID-19 Vaccination Appointment flier | Mass.gov • Guide to hosting a forum on the COVID-19 Vaccine | Mass.gov Visitors to COVID-19 resources for municipalities webpage will find these new resources, and additional flyers, posters, and digital resources in multiple languages on topics such as: • When can I get the COVID-19 vaccine? • Vaccine Graphics COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT • Statewide guidelines, advisories, and orders • Staying safe in the community • Using local public alert systems for COVID-19 information • Materials for Business, including: o Return to work guidance o Employee Screening Questionnaire o Business guidance – New, Temporary Capacity Limits o Updated safe store tips for retailers Additional DPH Stop the Spread Materials in Multiple Languages • Facts Sheets • Videos Resources MassSupport MassSupport is the Massachusetts Crisis Counseling Program funded by the Federal Emergency Management Agency and managed in partnership between the Massachusetts Department of Mental Health and Riverside Trauma Center, a program of Riverside Community Care. Contact MassSupport by phone at 888-215-4920 or by email at MassSupport@riversidecc.org Red Cross Virtual Family Assistance Center In order to provide support to families and communities who have suffered loss as a result of the COVID-19 pandemic, the American Red Cross has developed a Virtual Family Assistance Center (VFAC), staffed by a team of specially trained mental health, spiritual care, and health services volunteers who are: • Connecting with families over the phone to offer condolences, emotional and spiritual support, and access to available resources • Providing support for virtual memorial services for families, including connecting with local faith-based community partners • Hosting online classes to foster resilience and facilitate coping skills • Assisting families with access to national, state, or local resources such as grief counseling, legal resources, funeral information, financial information services, or veterans’ assistance • Additional state- and local-specific resources are available. People can visit: https://www.redcross.org/virtual-family-assistance-center/ma-family-assistance-center.html to access this resource with special virtual programs, information, referrals, and services to support families in need. People without internet access can call toll-free 833-492-0094 for help. All Family Assistance Center support will be provided virtually and is completely confidential and free. Department of Elementary and Secondary Education The Department of Elementary and Secondary Education (DESE) now reports on the number of positive COVID- 19 cases as reported to the DESE by school districts (including charter schools), collaboratives, and approved special education schools. The data only represents what has been reported to DESE. For more information and to view the report people can visit: http://www.doe.mass.edu/covid19/positive-cases/ COVID-19 Test Site Locator MEMA, in conjunction with the COVID-19 Command Center, has developed an interactive tool that shows the locations of COVID-19 testing sites around the Commonwealth. COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Massachusetts COVID-19 Response Dashboard MEMA has developed and maintains a public-facing COVID-19 ArcGIS Online dashboard, available here. This dashboard is continuously updated and captures information about current COVID 19 case counts, cases by age, cases by county, hospital status, hospital bed status, death tolls, and deaths by age. Users should refresh the dashboard daily as enhancements are continuously being added. Health care facilities can learn more about requesting personal protective equipment here. Stay Informed • Get information from trusted sources. Get notified by text, email, or phone call in your preferred language. Visit https://member.everbridge.net/index/406686158291020/#/signup to sign-up for AlertsMA for the latest news on the Commonwealth’s response to COVID-19 • Take care of your emotional health: • Call 2-1-1 and choose the “CALL2TALK” option. • Samaritans is continuing operations 24/7, as always. During this unprecedented time, it can feel overwhelming to receive constant messages about COVID-19. Call or text their 24/7 helpline any time at 877-870-4673. • The Disaster Distress Helpline, 1-800-985-5990, is a 24/7, 365-day-a-year, national hotline dedicated to providing immediate crisis counseling for people who are experiencing emotional distress related to any natural or human-caused disaster, including disease outbreaks like COVID-19. This toll-free, multilingual, and confidential crisis support service is available to all residents in the United States and its territories. How to Help Out • Donate to the Massachusetts COVID-19 Relief Fund The Need for Blood Donations Continues, and Recovered COVID-19 Donors Can Help Save Lives In coordination with the U.S. Food and Drug Administration (FDA), the Red Cross is seeking people who are fully recovered from the new coronavirus to sign up to donate plasma to help current COVID-19 patients. People who have fully recovered from COVID-19 have antibodies in their plasma that can attack the virus. This convalescent plasma is being evaluated as treatment for patients with serious or immediately life-threatening COVID-19 infections, or those judged by a healthcare provider to be at high risk of progression to severe or life-threatening condition. Interested individuals can visit RedCrossBlood.org/plasma4covid to learn more. The Red Cross follows the highest standards of safety and infection control, and volunteer donors are the only source of blood for those in need. To make an appointment to donate, please visit www.RedCrossBlood.org Archived: Friday, February 26, 2021 3:40:37 PM From: Laforest, Margaret (SEA) Se nt: Thu, 25 Feb 2021 13:44:48 Subject: Baker-Polito Administration Announces Plans for Continued Reopening Se nsitivity: Normal Dear Economic Development Partners, Please see reopening plan update below. Kind regards, Margaret and Sue Margaret Laforest Regional Director, Greater Boston Massachusetts Office of Business Development margaret.lafores t@mass.gov Cell: 617-939-3097 Sue Whitaker Regional Director, Greater Boston Massachusetts Office of Business Development susan.whitaker@mass.gov Cell: 617-620-1005 1515 Hancock Street, Suite 402 Quincy, MA 02169 www.mass.gov/mobd FOR IMMEDIATE RELEASE: February 25, 2021 CONTACT Sarah Finlaw sarah.finlaw@state.ma.us Baker-Polito Administration Announces Plans for Continued Reopening Massachusetts will advance to Step 2 of Phase III on March 1; Phase IV planned to start March 22 BOSTON—Today, the Baker-Polito Administration announced that Massachusetts would advance to Step 2 of Phase III of the state’s reopening plan on Monday, March 1, and also announced its plan to transition to Step 1 of Phase IV on Monday, March 22. With public health metrics continuing to trend in a positive direction, including drops in average daily COVID cases and hospitalizations, and vaccination rates continuing to increase, the Administration is taking steps to continue to reopen the Commonwealth’s economy. The Administration also announced more than $49 million in awards to 1,108 additional small businesses in the eighth round of COVID-19 relief grants administered by the Massachusetts Growth Capital Corporation (MGCC). These new awards are the result of work by MGCC to engage with applicants that meet sector and demographic priorities but are missing certain documents that are necessary to be considered for an award. Phase III, Step 2: On May 18, 2020, the Baker-Polito Administration released a four-phased plan to reopen the economy conditioned on sustained improvements in public health data. As of October, 2020, the reopening had proceeded to Step 2 of Phase III of the plan. On December 13, 2020, in response to an increase in new COVID-19 infections and hospitalizations following the Thanksgiving holiday, the Commonwealth returned to Step 1 of Phase III, reducing capacities across a broad range of s ectors and tightening several other workplace restrictions. Since the beginning of this year, key public health data, such as new cases and hospitalizations, have been closely monitored and a significant decline has been documented, allowing for a return to Step 2 of Phase III, effective March 1 for all cities and towns. This includes the following updates to businesses, activities and capacities: Indoor performance venues such as concert halls, theaters, and other indoor performance spaces will be allowed to reopen at 50% capacity with no more than 500 persons Indoor recreational activities with greater potential for contact (laser tag, roller skating, trampolines, obstacle courses) will be allowed to reopen at 50% capacity Capacity limits across all sectors with capacity limits will be raised to 50% and exclude employees Res taurants will no longer have a percent capacity limit and will be permitted to host musical performances; six-foot s ocial distancing, limits of six people per table and 90 minute limits remain in place Residents must continue to wear masks to prevent the spread of COVID-19, and are encouraged to avoid contact outside of their immediate households. The Travel Advisory and other public health orders remain in effect. Gathering Changes and Phase IV Start Provided public health metrics continue to improve, effective on March 22, all communities in Massachusetts will move into Step 1 of Phase IV of the state’s reopening plan. This will open a range of previously closed business sectors under tight capacity restrictions that are expected to be adjusted over time if favorable trends in the public health data continue. Effective on the planned advancement to Step 1 of Phase IV, the following industries will be permitted to operate at a strict 12% capacity limit after submitting a plan to the Department of Public Health (DPH): Indoor and outdoor stadiums Arenas Ballparks Also effective on March 22, gathering limits for event venues and in public settings will increase to 100 people indoors and 150 people outdoors. Outdoor gatherings at private residences and in private backyards will remain at a maximum of 25 people, with indoor house gatherings remaining at 10 people. Additionally, dance floors will be permitted at weddings and other events only, and overnight summer camps will be allowed to operate this coming summer. Exhibition and convention halls may also begin to operate, following gatherings limits and event protocols. Other Phase IV sectors must continue to remain closed. COVID-19 Business Relief Grants Today, an additional 1,108 businesses are receiving COVID-19 relief grants totaling more than $49 million in awards to help with expenses like payroll, benefits, utilities and rent. To date, the Baker-Polito Administration has awarded more than $563 million in direct financial support to 12,320 businesses impacted by the pandemic through the Small Business and Sector-Specific Grant Programs. Each business meets sector and demographic priorities set for the two grant programs. More than half of grantees are restaurants, bars, caterers, operators of personal services like hair and nail salons, and independent retailers. Over half of the businesses receiving relief are women-and-minority-owned enterprises. Today’s awards are the result of a proces s by MGCC to engage directly with applicants that met sector and demographic priorities but were missing documents necessary to be considered for an award. MGCC is continuing to work with business owners in targeted sectors and demographic groups to allow for applicants to submit necessary documents. ### MEMO TO: ​Secretary Marylou Sudders FROM: ​Senator Julian Cyr; Senator Susan Moran; Rep. Sarah Peake; Rep. Kip Diggs; Rep. Dylan Fernandes; Rep. David Vieira; Rep. Tim Whelan; Rep. Steven Xiarhos; Mike Lauf, CEO, Cape Cod Healthcare; Karen Gardner, CEO, Community Health Center of Cape Cod; Pat Nadle, CEO, Outer Cape Health Services; Sean O’Brien, Director, Barnstable County Department of Health and Environment CC: ​Jana Ferguson; Rob McLaughlin SUBJECT:​ Request to supply COVID-19 vaccine for Cape Cod Regional Vaccine Consortium DATE:​ February 22, 2021 PROPOSAL CAPE COD VACCINE CONSORTIUM:​ ​A consortium of health care providers, county government, and municipalities on Cape Cod to deliver COVID-19 vaccine to our most vulnerable residents. Expanded Vaccination Sites Cape Cod Healthcare and the Barnstable County Department of Health and Environment, with support from the Town of Barnstable and Cape Cod Community College, is establishing a large-scale vaccination site at the gymnasium at Cape Cod Community College. The site will be operational the first week of March. Once established, the site will be able to administer over 750 vaccinations a day, 5 days per week, pending supply. Barnstable County Department of Health and Environment will also maintain capacity to continue regional vaccination sites in Eastham, Falmouth, Orleans, and Truro. Barnstable County needs to continue to receive a predictable supply of vaccine to continue the regional vaccination program. They are currently receiving 975 doses per week for this program, and were recently notified that supply would increase to 1,170 doses per week. Vaccination of Vulnerable Populations Health agents from all 15 towns on Cape Cod are working with Cape Cod Healthcare, federally qualified community health centers, and the Barnstable County Department of 1 Health and Environment to execute a plan to reach homebound and vulnerable older adults who are not able to access a vaccine appointment. Local boards of health, with support from councils on aging, police, fire, and other departments in their respective towns have identified the most vulnerable older adults in each of their respective municipal boundaries. Elder Services of Cape Cod (the region’s ASAP) is also being consulted to cross reference and make sure we are reaching all vulnerable older adults. Boards of health within each town will identify vulnerable older adults by town via the below plan to efficiently administer vaccine to older adults left behind by the current vaccine offerings. Vulnerable older adults will be identified into two tracks: 1.Track One​: Individuals who need assistance making a vaccination appointment but are able to travel to Cape Cod Community College a.This list will be provided to Cape Cod Healthcare, who will proactively reach out to and schedule these appointments at the Cape Cod Community College site. This is due to open on March 1st, pending adequate supply of vaccine. 2.Track Two​: Individuals who are homebound, who do not drive, reside in senior housing, have other confining/limiting factors, etc. a.This list will be provided to Catchment Area Leads (Outer Cape Health Services; Community Health Center of Cape Cod; Town of Barnstable), who will proactively reach out to and schedule appointments at community health centers, home visits, regional sites, or another location. b.Catchment Area Leads i.Outer Cape Health Services 1.Provincetown, Truro, Wellfleet, Eastham, Orleans, Chatham, Brewster, Harwich, Yarmouth ii.Community Health Center of Cape Cod 1.Bourne, Falmouth, Mashpee, Sandwich iii.Town of Barnstable 1.Barnstable Health Division, Hyannis Fire & EMS, and the Adult Community Center will lead this effort 2.To date, the Town of Barnstable has not received any doses. 3.Over 1/3 of Cape Cod’s BIPOC population lives in the Town of Barnstable. Barnstable has the only census tract on Cape Cod 2 designated highly vulnerable by the CDC’s social vulnerability index (SVI) data. Ensuring vaccine supply and implementing the Town’s distribution plan is critical to addressing vaccine equity. MIIS and Reporting All consortium members will report information into MIIS within 24 hours. Vaccine requestors in the consortium will be: ○Barnstable County Department of Health and Environment ○Cape Cod Healthcare ○Community Health Center of Cape Cod ○Outer Cape Health Services ○Town of Barnstable REQUESTS The Cape Cod Vaccine Consortium is prepared to vaccinate our most vulnerable residents, but this plan is dependent on an adequate and consistent supply of vaccine. To that end, we make the following requests of the Command Center to operationalize the plan: 1.Supply Cape Cod Healthcare with 3,000 doses weekly to realize a large-scale vaccination site at Cape Cod Community College.​ This site has the potential to operate in a “mass vaccination” site type model, but only if Cape Cod Healthcare receives a predictable supply of vaccine. This site would meet all of the requirements outlined in your February 17th letter to local boards of health for a “regional collaboration” including capacity to vaccinate 750+ indivduals per day, assuming an adequate supply of vaccine. 2.Supply the Community Health Center of Cape Cod and Outer Cape Health Services with an additional supply of 2,500 first doses, and 2,500 second doses thereafter​. For a regional effort between those two federally qualified community health centers and the 15 health departments in Barnstable County to provide in-home and close-to-home vaccinations for the most vulnerable 75+ year old residents on Cape Cod who cannot travel to a vaccination site due to medical condition and/or lack of transportation. These are residents who do not live in congregate facilities, but are those who live in private homes or senior housing. Health agents from all 15 towns on Cape Cod have collaborated to identify the most vulnerable 75+ residents by town who have not yet received a first dose of the 3 vaccine (e.g. Track Two). That work has identified approximately 2,500 residents who meet this criteria. 3.Provide access to PrepMod registration to Cape Cod Healthcare. ​Cape Cod Healthcare will allocate a percentage of the proposed 3,000 weekly doses to vulnerable older adults identified by local boards of health (e.g. Track One). Cape Cod Healthcare will proactively reach out to and schedule these appointments at the Cape Cod Community College. In addition, Cape Cod Healthcare will make available a percentage of doses publicly available. Access to PrepMod will allow people to register online for the site at Cape Cod Community College. 4.Maintain existing vaccine supply currently being made available to members of the Cape Cod Vaccine Consortium​. The above requests for vaccine must be separate and apart from the existing supply provided to the region. Existing supply includes: (1) 1,170 doses per week being sent to the Barnstable County Department of Health and Environment and (2) several hundred doses currently being sent to Community Health Center of Cape Cod and Outer Cape Health Services. ADDITIONAL INFORMATION Barnstable County has the oldest population in Massachusetts and the oldest population of any county in New England. We especially worry about leaving behind Cape Cod residents who are frail and homebound, those who do not drive or have easy access to other transportation, and those without access to the internet. With 30% of Barnstable County’s population aged 65+, we have a number of residents who need help getting a vaccine. We also note that municipal leaders report many seasonal Cape Cod residents have remained in seasonal residences permanently during the pandemic, further inflating our 2010 Census population figures for Barnstable County. The consensus among leaders in our region is that the current population living in Barnstable County is closer to 230,000. We thank you for your time and partnership in ensuring that vulnerable Cape Codders receive access to COVID-19 vaccine. 4 FOR IMMEDIATE RELEASE Contact: Geoff Spillane, Communications Director February 24, 2021 gspillane@pierce-cote.com Media Advisory Cape Cod COVID-19 Response Task Force to Launch Cape Cod Regional Vaccine Consortium Will Establish a Vaccination Site at Cape Cod Community College with Significant Potential Capacity; Working to Expand Vaccine Outreach to Vulnerable Populations What: The Cape Cod COVID-19 Response Task Force will discuss establishment of the Cape Cod Regional Vaccine Consortium, a collaboration among health care providers, county government and municipalities on Cape Cod to deliver COVID-19 vaccine to the region’s most vulnerable residents. The Consortium plans to open a vaccination site at Cape Cod Community College as early as next week, which will have significant capacity pending vaccine allocation from the state. Note: the Baker-Polito administration announced on Feb. 24th the approval of the regional collaborative in Barnstable County (herein named the Cape Cod Regional Vaccine Consortium) and that Cape Cod Hospital and 12 other hospitals statewide will be receiving allocations of vaccine going forward The Task Force will also present current COVID-19 case statistics and trends for the Cape and Islands. Who: State Senator Julian Cyr (D-Truro); Wendy Northcross of the Cape Cod Chamber of Commerce; Vaira Harik of the Barnstable County Dept of Human Services; Sean O’Brien of the Barnstable County Department of Health and the Environment; Michael Lauf, president and chief executive officer, Cape Cod Healthcare; Lori Jewett, sr. vice president of operations, Cape Cod Healthcare; Karen Gardner, chief executive officer, Community Health Center of Cape Cod; Patricia Nadle, chief executive officer, Outer Cape Health Services Time & Dial-In Information: Thursday, February 25, 9:00 a.m. - 9:30 a.m. Cape Cod Response Task Force Press Availability Access: Call in #: 617-865-5269 Conference ID: 202 811 765# One tap: 1-617-865-5269,,202811765# Note: Lines with significant ambient noise will be muted. Please mute your line while not speaking to assist those reporting using an audio medium. ### Archived: Friday, February 26, 2021 3:41:02 PM From: Vaira Harik Se nt: Fri, 26 Feb 2021 09:50:08 To: Sean O'Brien; Erika Woods; Phil Burt; Andrew Platt; Diana Gaumond; Deirdre Arvidson; Stephen Tebo; Beth Albert; Sonja Sheasley; Jack Yunits Jr.; Mike Maguire; Bill Traverse; Amy Alati; Lynn Mulkeen Cc: Cyr, Julian (SEN); Paula Schnepp; hnelson@duffyhealthcenter.org; Bethany Traverse; Patricia Cawley; Susan Mazzarella; jeffrey.soares@masenate.gov; pnadle@outercape.org; Karen Gardner; Nancy Bucken; Daniel Gray; Stephanie Prior; Sidhartha MD, Kumara; gjones@capecodhealth.org; wphinney@haconcapecod.org; Adam Burnett; Fleck, Rachel (CDA); Tom Cahir; Chris Kennedy; Chief Peter Burke; Kim Slade; Tracey Benson; drifmeyere@barnstablepolice.com; Suzie Hauptmann; mlauf@capecodhealth.org; Kevin Mulroy, DO; drodrigues@duffyhealthcenter.org; Elysse Magnotto-Cleary; Ryan Castle; timothy.whelan@mahouse.gov; Stephane Ruault; moliva@capecodcanalchamber.org; mkasparian@falmouthchamber.com; Barbara Cooper (CDC); Santibanez, Scott (CDC/DDID/NCEZID/DPEI); nelson.andrewsjr@mwtribe-nsn.gov; Phillips, Diana (EEC); cmenard@thefamilypantry.com; chrisf@capecodbuilders.org; Beth Waldman; Peake, Sarah - Rep. (HOU); sarah.ferrara@mahouse.gov; O'Brien, Nolan (Markey); Jessica Wong; michael.jackman@mail.house.gov; Dogan Temizir; paulhilton@capecodcollaborative.org; Gina Hurley; ciborowski_pam@mybps.us; Maria Coyne; Savannah Kelleher; slaye@mbl.edu; mtitas@gmail.com; karen.nolin@yahoo.com; Alicia Bryant; Group - Town Health Agents (7/24/20); Jocelyn Howard; lisa@wecancenter.org; Susan Moran; Maria Silva; Daniel Gray; Martha Taylor; Liz Kokernak; Betty Wong (CDC/DDPHSS/OS/OD); Elfriede Agyemang (CDC/DDPHSIS/CGH/DGHT); Allyssa Hathaway; Schulze, Frank (SEN); Johnson, Patrick (SEN); cjctodd@gmail.com; Dotty Caron; lpearson@sscac.org; Group - School Superintendents (@ 8/1/20); Group - COA Directors (7-1-20); Brooke Styche; Kenneth Cirillo; Donna Giberti; Group - Assembly of Delegates (08-17-20); Elizabeth Braccia; Sandy Faiman-Silva; brendan.dutch@masenate.gov; pauldart@pauseawhile.org; scott.mcgann@falmouthma.gov; Shaw, Christine; Gonsalves, Rita (IHS/NAS/MSH); sonnabendm@barnstablepolice.com; chrisf@capecodbuilders.org; cflanagan@town.dennis.ma.us; Nicole Taylor; Lawson, Christopher; Jim Golden; Joanne Geake; jgeake@sandwichmass.org; Meg Payne; Dan Gates; Rick Martin; Jill Brookshire; dhciavola@capecodhealth.org; Kristine Monteiro; Janet Schulte; melissa@nantucketchamber.org; Staniels, Jaime; kim.nahas@escci.org; Margaret Burke; Paul Speer; Liz Stapleton; Anna Marini; cdufault@monomoy.edu; htavano@monomoy.edu; asullivan@monomoy.edu; cfiocco@monomoy.edu; cmulhall@monomoy.edu; ssears@monomoy.edu; ascottputney@heritagemuseums.org; LAHesse@mycapecodbank.com; rccollins@mashpeema.gov; wtaylor@mashpeema.gov; tmcook@mashpeema.gov; Rep. Steve Xiarhos; Rita Mitchell (Public Health Nurse); barbaradominic612@gmail.com; Savanna Santarpio; Peckham, Ann-Marie; Endres, Sarah; Denise Galvin; denise.galvin@gmail.com; dgavron@outercape.org; Nicole Bartlett; Geoffrey Gorman; Lennon, Kevin; amulrow@heritagemuseums.org; Helen Grimm; Hope Hanscom; George Schmidt; Ashley Lopes; ecralston@chcofcapecod.org ; Matt Poole; healthagent@aquinnah-ma.gov; Marina Lent, Chilmark BOH; Meegan Lancaster; Maura Valley ; John Powers; rsantamaria@nantucket-ma.gov; beckie@wampanoagtribe.net; Caitlin Cantella; Michelle Aceto; Amy O'Leary; Edward Dunne (edward.dunne@falmouthpolicema.gov); preparednessgroup@capecodfive.com; Ronald Bergstrom; Sheila Lyons; Mark Forest; Janice O'Connell; Peter Lombardi; Patricia Palmer; Robyn Sweeting; Gina Torielli; Hillard Boskey; Group - CC Chamber of Commerce Board; kip.diggs@mahouse.gov; Kevin Howard; Foley, Brenda; bill@cataniahospitalitygroup.com; lisa@lisasellscapecod.com; elaineh@cssdioc.org; thomas.damario@mahouse.gov; Rep. Steve Xiarhos; Brad Schiff; Geoff Spillane; Beth Bullock-McGrail; Tapper, Abigail (DPH); amy@wellstrong.org; Jennifer Clarke; Danielle Alexandrov; gconran@conranpr.com; Poyant, Lynne; Noonan, Madeline; Hersey, Paula; Stephanie Costigan; Owen Fletcher; Sarah Bagley; Nancy Regan; jesse.mcwilliams@jud.state.ma.us; tavery6@hotmail.com; jtrabucco@bsheriff.net; guysalesman@gavinfoundation.org; williampimental@gavinfoundation.org; agottlieb@apcc.org; Carlstrom, Brian; chorgan@capecodchildrensplace.com; Christopher Adams; david.vieira@mahouse.gov; Deborah Aylesworth; Dotty Caron; dylan.fernandes@mahouse.gov; jbeebe@eastham-ma.gov; economicplanner@eastham-ma.gov; jerry.fishbein@1199.org; Julie Wake; Kristy Senatori; Lauf, Michael; Maguire, Emily (HOU); mark.ells@town.barnstable.ma.us; Peckham, Ann-Marie; pndzwk@comcast.net; rforget@uppercapetech.org; Sampson, David; Shareen Davis; Wendy Northcross; ercurry@eugenecurry.com; Anne Sigsbee, MD; Patricia Mitrokostas; speugh@ymcacapecod.org; Richard Corey Subject: 2/26/21: Barnstable County and Regional COVID-19 Daily Update Se nsitivity: Normal (Reminder: My charts show both new confirmed and new probable cases as reported by the DPH and as they appear in MAVEN. However, I have not been able to update the number of probable cases since December 6th due to lack of access to the data. Reporting on both confirmed and probable case numbers allows the best longitudinal comparison with past data and also most accurately reflects the incidence of new cases and thus the workloads of our town Public Health Nurses who carry out the contact tracing work.) Good Morning All. SUMMARY: 1. New Cases: DPH new cases reported yesterday: Barnstable County: 44 new cas es Martha's Vineyard: 0 new cas es Nantucket: 1 new case. 2. Hospitalizations and Fatalities: 3-day avg. hospitalizations have fallen to 17 (were in the mid-60s last month ago). ICU patient numbers have fallen as well; 3 patients were in the ICUs las t night. There have been 11 COVID fatalities reported since Saturday (inclusive); 2 fatalities were reported yesterday. Recent data on COVID fatalities in Barns table County sugges t that residents of Long Term Care/Skilled Nursing Facilities/Rest Homes represent 42.5% of all fatalities (167 of 393 fatalities, as of 2/23/21). This is a lower percentage than that seen during phas e 1 of the pandemic last spring (over 65%), and this percentage continues to fall. Indeed, between 1/5/21 and 2/23/21 only 20% (28) of 137 fatalities occurred among LTC residents. 3. Schools and Childcare Centers: Due to the mildness of the flu season the DPH has removed the requirement that all school children receive a flu vaccination on or before 2/28/21. School districts remain in a hybrid learning model. However, DESE Commissioner Jeffrey Riley has proposed plans to compel schools to return to 100% in-person learning, starting with elementary schools, in April. 4. Testing; Test Positivity Rates (14-day, as of 2/23/21): Barnstable County: 3.07% Dukes & Nantucket Counties: 2.40% A test percent positivity rate below 5% suggests that an outbreak is on the way to containment. 5. Weekly Town Risk, and Statewide Cluster Analyses: See charts below. 6. Vaccination: \u8203 ? -Groups eligible for vaccination now are those in Phase 1, and Phase 2/Group 1 (persons aged 75+), and Phase 2/Group 2 (65+, 2+ comorbidities, residents and staff of low-income senior housing) depending upon availability of vaccine. Caregivers (regardless of age) accompanying a 75+ person to their vaccination appointment remain eligible for vaccination. -Plans for 4-5 sub-regional mas s vaccination sites on Cape Cod, for operation during Phase 2, are in place. A Cape Cod Regional Vaccine Consortium has been established via a partnership between the Barnstable County Health Dept, Local Town Boards of Health (LBOHs), Community Health Centers (CHCs), and Cape Cod Healthcare, and has received support from the DPH. The Consortium will establish a vaccination site at Cape Cod Community College in the coming weeks and is also working with LBOHs and CHC to organize in-reach to homebound persons to vaccinate them. The DPH is responsible for providing sufficient vaccine in order for the Consortium to reach its full potential. \u8203 ? \u8203 ?-Phase 2 of the State Vaccination Plan began on February 1. Vaccination at local clinics during Phase 2 are by appointment only and appointments are announced and able to be scheduled once County and local health authorities are sure of vaccine availability from the DPH. The public is being given notice of planned vaccination clinics for eligible persons in Phase 2. 7. COVID Mutation and Changes in Transmissibility/Virulence/Other: There are four variants of concern: B117 (UK), B1351 (S. Africa), P1 (Brazil), and now B1526 (New York City) which. B1526 (NYC) emerged in November. All appear to be significantly more transmissible than the virus which dominated Wave 1 of the pandemic. Within two months of the B117 variant being identified in the UK (October) it became the dominant strain circulating there. The CDC is now posting surveillance information on the emergence of the B117 variant in the US: https://www.cdc.gov/coronavirus/2019-ncov/transmission/variant-cases.html.\u8203 ? Existing vaccines may be less effective against these new strains. The degree to which this may be so is being investigated. Moderna and Pfizer are working on a boos ter shot to counter these new strains. -B117 and B1351 have been identified in Massachusetts. DETAIL: 1. New Cases Daily new case numbers in Barnstable County have risen slightly this week following a major decline since the holiday season surge. 44 cases were reported yesterday. The 7-day average new cases per 100,000 (now 17/100K) has ris en slightly, with Barnstable County acquiring an average of 35 cases per day over the past 7 days. Nantucket's 7-day average cas es per 100,000 population (now 16/100K) remains lower; Nantucket is picking up approximately 2 new cases per day. 1 new case was reported yesterday. Martha's Vineyard's 7-day average cases per 100,000 population (now 15/100K) remains lower. Dukes County is gaining approximately 4 new cases per day. 0 cases were reported by the DPH yesterday. Trailing 14-Day Testing and Cases by County: In the context of adequate availability of testing and contact tracing, which our three counties appear to have achieved, a test percent positivity rate below 5% suggests that an outbreak is on the way to containment. Rates below 3% and 1% are further important containment milestones. Test Positivity Rates (14-day, as of 2/23/21): Barnstable County: 3.07% Dukes & Nantucket Counties: 2.40% 2. Hospitalizations and Fatalities Hospitalizations and acuity of illness have increased very significantly since the second week of November and remain elevated. Cape Cod Hospital and Falmouth Hospital have suspended visitation of inpatients except under very limited circumstances (end-of-life, etc.) and have stopped non-essential surgeries and other elective procedures. Since DPH reporting of hospitalizations has a 2-day lag Tina Shaw of CCHC is providing me with more recent information (thank you Tina). Yesterday evening CCHC reported that there were 17 COVID patients in hospital, 3 of which were in the ICUs. Fatalities: 2 additional fatalities were reported yesterday. The total is now 398. Recent data on COVID fatalities in Barns table County sugges t that residents of Long Term Care/Skilled Nursing Facilities/Rest Homes represent 42.5% of all fatalities (167 of 393 fatalities, as of 2/25/21). This is a lower percentage than that seen during phas e 1 of the pandemic last spring (over 65%), and this percentage continues to fall. Indeed, between 1/5/21 and 2/23/21 only 20% of the County's 137 fatalities occurred among LTC residents.\u8203 ? 3. Schools and Childcare Centers School districts are staying vigilant and reacting well to new cases. School districts on the Cape and Islands are in a hybrid learning status, however DESE Commissioner Jeffrey Riley has proposed plans to compel schools to return to 100% in-person learning, starting with elementary schools, in April. DESE and the DPH (memo of 1/8/21) announced that they are seeking to introduce COVID-19 screening testing using a pooled strategy in the school setting. Schools may elect to participate by responding to a survey that DESE/DPH have pos ted. The status of this initiative is unclear at this time. For the 2020-2021 s chool year the DPH has mandated that all school children be vaccinated for seasonal influenza. This week the DPH extended the deadline for doing so from 12/31/20 to 2/28/21. This mandate has been canceled by the DPH. During Phas e 2 of the state vaccination rollout childcare center s taff are to be vaccinated alongside school staff. 4. Testing Additional testing locations in Barnstable County for both symptomatic and asymptomatic persons remain open in Falmouth at the Fairgrounds and in Hyannis at Cape Cod Hospital (the Melody Tent site has been given over to vaccination clinics). Daily testing capacity is 50 at the Falmouth site and 350 at the Hyannis site. Neither site is open daily and persons must call ahead for an appointment. Details: https://www.capecodhealth.org/medical-services/infectious-disease/coronavirus/covid-19-testing-process/. In late December additional tes ting by Outer Cape Community Health Services began and continues at its 3 locations in Wellfleet, Harwich Port, and Provincetown (https://outercape.org/2020/12/23/outer-cape-health- services-to-offer-covid-19-asymptomatic-testing-beginning-december-23/). The Community Health Center of Cape Cod is also offering testing at its locations . These sites may not open be daily and persons must call ahead for an appointment. Eligibility criteria for the testing include residency in Barnstable County. Testing is done by appointment only. Tests cost $75, $110 for travel-related tests , and no one will be turned away if unable to pay for a test. DPH-mandated routine testing in skilled nursing facilities/long term care settings (SNF/LTC) continues. This provides critical surveillance and allows these facilities to stay ahead of asymptomatic spread amongst staff and residents. Routine testing in SNF/LTC settings is conducted weekly for staff. In addition, the State's BinaxNOW rapid testing program (available to schools) has been extended to visitors of nursing homes and rest home residents (LTC settings) to allow visitation of residents while limiting the risk of infection from visitors. DPH has published guidance on this. The program has als o been extended to childcare centers (? Checking...) and homeless shelters and management of thes e facilities may apply to the EEC and DPH for testing kits. 5. Weekly Town Risk and Statewide Cluster Analyses 6. Vaccination \u8203 ?Groups eligible for vaccination now are those in Phase 1, Phase 2/Group 1 (persons aged 75+), and Phase 2/Group 2 (65+, 2+ comorbidities, and residents and staff of low-income senior housing) depending upon availability of vaccine. Caregivers (regardless of age) accompanying a 75+ person to their vaccination appointment remain eligible for vaccination. Appointments (https://www.cic-health.com/vaccines-location) may not be immediately available due to overwhelming demand and s till-limited supply of vaccine from the manufacturers. Appointments for local vaccination clinics are only being scheduled once County and local health authorities can be sure of vaccine availability from the DPH. The public is being given notice of planned vaccination clinics for eligible persons in Phase 2. Vaccination is available at several State-run mass vaccination sites around Massachusetts. The closest ones to Cape Cod are at Gillette Stadium in Foxboro and in Dartmouth. Appointments can be scheduled by visiting https://www.cic-health.com/vaccines-location, or calling 2-1-1 and following the prompts. -Plans for 4-5 sub-regional mass vaccination sites on Cape Cod, for operation during Phase 2, are in place. A Cape Cod Regional Vaccine Consortium has been established via a partnership between the Barnstable County Health Dept, Local Town Boards of Health (LBOHs), Community Health Centers (CHCs), and Cape Cod Healthcare, and has received support from the DPH. The Consortium will establish a vaccination site at Cape Cod Community College in the coming weeks and is also working with LBOHs and CHC to organize in-reach to homebound persons to vaccinate them. The DPH is responsible for providing sufficient vaccine in order for the Consortium to reach its full potential. \u8203 ? \u8203 ?-Phase 2 of the State Vaccination Plan began on February 1. Vaccination at local clinics during Phase 2 are by appointment only and appointments are announced and able to be scheduled once County and local health authorities are sure of vaccine availability from the DPH. The public is being given notice of planned vaccination clinics for eligible persons in Phase 2. Childcare staff will be eligible for vaccination alongside school staff in Phase 2. The State has contracted with CVS and Walgreens to arrange vaccination of older adults in SNFs/congregate care. CVS, Walgreens, and Stop & Shop pharmacies are also s cheduling vaccinations for the groups in Phase 2, again depending upon vaccine supply. 7. COVID Mutation and Changes in Transmissibility/Virulence/Other The emergence of a variant of the COVID-19 virus in the UK, classified as B.1.1.7, was identified in September and publicized in early December. Reports hold that B117 is 50% - 70% more contagious than our predominant variant now circulating (D614G). Within three months of the variant being identified in the UK it became dominant strain circulating there. Additional variants of concern have emerged internationally: B1351 (South Africa) and Brazil (P1) which are also highly transmissible. An additional variant, B1526, emerged in New York City in November. Its features are being studied. All variants appear to be significantly more transmissible than the virus which dominated Wave 1 of the pandemic. The first three variants are spreading globally and have been detected in the US. The B117 and B1351 variants have been identified by the DPH as being in circulation in MA. Researchers are working to determine if the variants differ from D614G (the Wave 1 configuration) in terms of: 1. How sick people become, 2. If natural immunity is different following infection with D614G, and 3. If immunity from vaccination differs since the vaccine was developed during the period that D614G has been predominant. The existing vaccines may be less effective against the new strains. Moderna and Pfizer are working on booster shots to counter these new strains. The CDC is posting surveillance information on the emergence of the variants in the US: https://www.cdc.gov/coronavirus/2019-ncov/transmission/variant-cases.html. According to an article by Andrew Joseph from StatNews, "Coronavirus es evolve more slowly than viruses like flu, but they do pick up mutations as they spread. SARS-CoV-2 has been adding one or two changes a month to its RNA genome since it emerged late last year in China, and different versions of the virus have been continuously circulating throughout the course of the pandemic. But this variant (B.1.1.7 or VUI-202012/01) showed up with at least 17 mutations, according to one genetic analysis." (Source: https://www.s tatnews.com/2020/12/21/l oomi ng-questi ons-new-vari ant-coronavi rus/?utm_source=STAT+Newsl etters&utm_campai gn=1a74bda2ca- MR_COPY_01&utm_medi um=email &utm_term=0_8cab1d7961-1a74bda2ca-150158417 ). ______________________ Vaira Harik, M.S. Deputy Director Barnstable County Dept. of Human Services Cell: 520-271-6314 Email: vharik@barnstablecounty.org Weekly Count of New COVID-19 Infections: March 8, 2020 – February 20, 2021 0 5 10 15 20 25 30 35 40 45 50 55 3/8-3/143/15-3/213/22-3/283/29-4/44/5-4/114/12-4/184/19-4/254/26-5/25/3-5/95/10-5/165/17-5/235/24-5/305/31-6/66/7-6/136/14-6/206/21-6/276/28-7/47/5-7/117/12-7/187/19-7/257/26-8/18/2-8/88/9-8/158/16-8/228/23-8/298/30-9/59/6-9/129/13-9/199/20-9/269/27-10/310/4-10/1010/11-10/1710/18-10/2410/25-10/3111/1-11/711/8-11/1411/15-11/2111/22-11/2811/29-12/512/6-12/1212/13-12/1912/20-12/2612/27-1/21/3-1/91/10-1/161/17-1/231/24-1/301/31-2/62/7-2/132/14-2/201 5 3 1 2 0 2 0 0 0 1 0 2 0 0 0 0 1 2 5 2 0 0 0 0 2 0 2 1 2 3 0 1 4 1 3 6 6 13 22 11 7 20 24 25 53 24 20 8 8 0 0 3 3 7 53 14 2 0 1 1 1 0 1 1 0 3 0 0 1 5 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 1 1 0 0 0 0 0 1 2 2 1 0 2 0 New Brewster COVID-19 Cases Resident (296 Total)Long Term Care (108 Total staff & patients) Ages of Brewster Residents with Active COVID-19 Infections February 7-February 13 0-9 years (0) 0% 10-19 years (0) 0% 20-29 years (1) 10% 30-39 years (2) 20% 40-49 years (1) 10% 50-59 years (1) 10% 60-69 years (1) 10% 70-79 years (2) 20% 80+ years (2) 20% 0-9 years (0) 10-19 years (0) 20-29 years (1) 30-39 years (2) 40-49 years (1) 50-59 years (1) 60-69 years (1) 70-79 years (2) 80+ years (2) 0-9 years (0) 0% 10-19 years (3) 37% 20-29 years (1) 13% 30-39 years (0) 0% 40-49 years (0) 0% 50-59 years (2) 25% 60-69 years (0) 0% 70-79 years (2) 25% 80+ years (0) 0% 0-9 years (0) 10-19 years (3) 20-29 years (1) 30-39 years (0) 40-49 years (0) 50-59 years (2) 60-69 years (0) 70-79 years (2) 80+ years (0) February 14-February 20 % COVID Infections in Age Groups % COVID Infections in Age Groups A s many of you know, the construction of solar canopies at The Captains driving range is currently underway and a second larger project is about to commence. T hese two solar projects are an important part of the Town’s commitment to continuing to reduce greenhouse gas emissions by implementing new green energy projects and reflect The Captains’ willingness to support such efforts. We anticipate that the first project at the driving range will be completed by mid-March. If you have an opportunity, take a drive by and see the progress that has been made. The second solar array will be constructed in the larger, west end parking lot, often referred to as the "Starboard" parking lot. Now that initial permits are in place, phase one of construction is ready to begin as early as next week. With that being said, there are some items I would like to address; We are asking that all golf course traffic only use the main entrance to the facility. The secondary entrance will be designated as the construction entrance. A reas where construction is taking place will be sectioned off so please be aware of the traffic pattern to access available spaces in the Starboard parking lot. Construction is expected to continue into mid-May, stop during the peak season and will begin again in October. During the summer months there will be some electrical work being done, but this will not affect daily operations. The design of the solar canopies in the parking lot will be different from the design at the driving range. A photo board is being created, and will be on display in the coming weeks so you can see what the finished project will look like. During all phases of construction, the ‘Port’ parking lot will be unaffected. The Town, the golf course and the solar company have worked jointly to put together a construction schedule designed to ensure that disruptions are as minimal as possible. While we are aware that golf is a quiet sport, it is inevitable that there will be some noise and disturbances associated with the construction. We appreciate your understanding and patience during this project that will benefit both the Captains Golf Course and the residents of the Town of Brewster. Thank you, Jay Packett Director of Operations Captains Golf Course 1000 Freemans Way Brewster, MA 02631 (508) 896-1716 contact@captainsgolfcourse.com Archive d: Friday, February 26, 2021 3:41:43 PM From: Captains Golf Course Sent: Fri, 26 Feb 2021 12:51:27 To: Peter Lombardi Subje ct: Solar Projects Sensitivity: Normal Solar Project Updates This email was sent to plombardi@brewster-ma.gov You receiv ed this email because y ou are registered with Captains Golf Course Unsubscribe here © 2018 Captains Golf Course Brewster Select Board Meeting of March 1, 2021 Consent Calendar Items 1 10. Consent Agenda  Appoint Slate of Election Workers as Printed The Town Clerk requests the Board appoint the election workers as is customary. Administrative Recommendation: We recommend the Board approve this item  Meeting Minutes: February 16, 2021 ADMINISTRATIVE RECOMMENDATION We recommend the Board approve the meeting minutes of February 16, 2021  Permission to Use Breakwater Beach & Waiver of Fee – Father Wilmot of The Anglican Church of the Resurrection is again asking permission to hold Sunday Church services on Easter Sunday, April 4th , Sundays through out July and August, and the Sunday of Labor Day Weekend, from 7:30am – 8:00am at Breakwater beach. Beach stickers are required in July & August at 9:00 am and he has agreed to the fact that anyone who may linger and does not have a beach sticker could receive a ticket. As a non-profit organization Father Wilmot is requesting the waiver of fees for the use of the beach, in the amount of $550 ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request and to approve this waive request as it is in line with Select Board Policy 5, Section B, 2.  Fee Waiver Request – Water Department The Water Department is requesting a fee waiver of nine Water Quality Review Committee renewal certificates in the amount of $50.00 each, for a total of $450.00. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this waive request as it is in line with Select Board Policy 5, Section B, 1.  Fee Waiver Request – Antique Fair, Brewster Historical Society The Brewster Historical Society is requesting the waiver of the $400.00 fee for the use of Drummer Boy Park to hold their annual Antique Fair fundraiser on June 26, 2021. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this waive request as it is in line with Select Board Policy 5, Section B, 2. Sally Andreola Sandy Franconi Jane Lowey Neil Rudin Cheryl Avery Myles Franklin Simone MacLellan Sharon Ryone Margery Babcock John Galante Gerry Mannix Joan Scheffer Barbara Bartolomei Pat Galante Terry Mannix Peter Scheffer Dave Briggs Robert Gaughran Sandy Marai Noah Smith Mary Beth Buhler Debbie Gengris Tammi Mason Pam Smith Nancy Burdych Lisa Gerrish Cynthia Mathison Pat Stanley Pat Busch Amy Harbeck Julie Menges Lynn St. Cyr June Cameron Robert Harris Jayanne Monger Emily Sumner George Carey Jim Holland Mary Myers Curt Taylor Susan Carr Jodi Holland Mary Jo Nabywaniec Elizabeth Taylor Jan Carstanjen Penny Holeman Stephen Najarian Judy Todd-McNichol Joan Carstanjen Joanne Hughes Sandy Nichols Elbert Uleshoeffer Sally Cash Terry Iaccheri Carolyn Noering Dave Whitney Jackalyn Courchesne Aline Johnson Tom Noering Karen Whitney Barbara Crossen Peter Johnson Glenda Normand Susan Daley Ellie Johnson Judy Novick Lynn Winchester Jillian Douglas Sandra Johnson Marjorie Oliver Charles Winn Jim Eddy Linda Kaiser Marcia Otto Mary Eddy Sue Kezer Chris Patterson Lauren Elliott-Grunes Cheryl Kimberley Sara Phillips Carol Erikson June Legg Sara Provos Les Erikson Anne LeMaitre Judy Rowe Beth Finch Mary Loftus-Levine Christine Rossiter Please appoint the following slate as Election Workers for the 2021 Calendar year: Thank you, Colette M. Williams, MMC/CMMC Town Clerk Brewster, MA Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 02-22-21 Page 1 of 5 Office of: Select Board Town Administrator MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES DATE: February 22, 2021 TIME: 6:00 PM PLACE: Remote Teleconference ALL PARTICIPANTS ARE PARTICIPATING REMOTELY: Chair Chaffee, Selectperson Whitney, Selectperson Bingham, Selectperson deRuyter, Selectperson Chatelain, Town Administrator Peter Lombardi, Town Administrator Susan Broderick, Town Administrator Donna Kalinick, Executive Assistant to the Town Administrator Robin Young 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. Chair Chaffee stated that the Board would be going into executive session to discuss strategy with respect to collective bargaining as an open meeting will have a detrimental effect on the bargaining position of the public body and the chair so declares: IAFF Local 3763, and would be returning to open session. Executive Session (Select Board plans to return to open session at 6:10 PM) To discuss strategy with respect to collective bargaining if an open meeting may have a detrimental effect on the bargaining position of the public body and the chair so declares (SEIU Local 888 and OPEIU Local 6). To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel (Personnel Bylaw). Selectperson Bingham moved that the Board go into executive session at 6:02pm to discuss strategy with respect to collective bargaining if an open meeting may have a detrimental effect on the bargaining position of the public body and the chair so declares (SEIU Local 888 and OPEIU Local 6) and to conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel (Personnel Bylaw), and will be returning to open session, Selectperson Chatelain second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham- yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. The Select Board returned to open session at 6:12pm. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 02-22-21 Page 2 of 5 Office of: Select Board Town Administrator Review & Vote on Memoranda of Understanding with SEIU Local 888, OPEIU Local 6, and Personnel Bylaw Mr. Lombardi reviewed the 4 memoranda’s new language regarding Snow and Ice Removal call back and the extension of certain benefits in relation to Covid. Selectperson deRuyter moved to approve the memoranda of understanding with SEIU 888, OPEIU Local 6, and Personnel Bylaw, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-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 for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting Law, the Select Board is unable to reply but may add items presented to a future agenda. None. Select Board Announcements and Liaison Reports None. Town Administrator’s Report Mr Lombardi updated the Board on the expanded resident eligibility of the v accine. The State announced starting March 1, 2021 there will be no local vaccine clinics, focusing on regional and mass vaccination sites instead. Any new vaccination information will be posted on the Town website. A letter was sent by the members of the Cape and Island Delegations, Select Board members and Town Managers to Governor Baker advocating for a vaccination site on Cape Cod. Regional and local public health data show a decline of Covid- 19 cases. Brewster cases have been in the single numbers for the past two weeks, however Brewster is still designated as a Red Zone. Town offices could potentially open the week of March 8 th, on Tuesdays and Thursdays from 8:30am-4pm. Chair Chaffee noted that the Brewster Select Board also sent a separate letter to Governor Baker advocating for a local vaccination site. Consent Agenda Approve February 16, 2021 Meeting Minutes Selectperson Chatelain moved to approve the February 22, 2021 consent agenda, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Status Update on Millstone Road Project Mr. Lombardi gave a status summary of the project to date, including the original fun ding, internal and external project advancements and public forums. A detailed memo and supporting documents were included in the agenda packet. The goal of the Millstone Road project was to create ADA accessibility, improve safety for vehicular, bicycle and pedestrian traffic, provide better interconnection with existing transportation network, and improve drainage facilities along the roadway. These goals informed the design process and were consistent with initial public feedback and other key Town planning documents including Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 02-22-21 Page 3 of 5 Office of: Select Board Town Administrator the 2016 Biking Brewster Strategy produced by the Bikeways Committee and the 2018 Vision Plan. It is also consistent with the Select Board’s recent Climate Change and Net Zero Resolution made in October 2020. The project has been identified as a goal in recent Select Board Strategic Plans. Mr. Lombardi reviewed the design elements, permitting and approvals needed, response and resolution to resident concerns, the re- design process and the next steps of the project. Selectperson Bingham asked if the re-staking could denote the outer edge of the sidewalk and the outer edge of the road. Mr. Lombardi clarified the meaning of the Complete Streets policy. Selectperson deRuyter has hesitations to enter into a MOU with the Save Millstone Road group, if they will not cease their campaign to halt the project. Selectperson Whitney asked for clarification on the reduction of the shoulder separating the road and the sidewalk. He is concerned about the safety of bicycle traffic, and the bicycle traffic on the sidewalk. Selectperson Chatelain asked about the ability of a bike to traverse the curbing. Chair Chaffee referred to the one foot shoulder on Route 6A as a similar example to the one proposed in the re-design. The side walk was reduced to the minimum under State law, and the equipment used for snow removal is thought to be usable. The proposed number of trees to be removed will be altered when the re-design is brought back to the 75% design phase. The Planning Board and Tree Warden are required to hold a hearing from the removal of shade trees in the right of way. Replanting as mitigation will be done to compensate for the removals. Chair Chaffee opened the discussion to public comment. Annie Dugan, 173 Beach Plum Lane, is in favor of sidewalks on Millstone Road for safety purposes. Hal Minus, 377 Tubman Road, thanked the Town for the public engagement on this project, and remarked on the reduction of carbon footprint the project encourages. Mr. Minis added that paths for recreation and paths throughout town were a goal of the Vision Plan, and feels that the Millstone Road project falls within those guidelines. Beth Finch, 26 Red Top Road, is in favor of sidewalks on Millstone Road for bicycle, pedestrian and family use. William Henchy, 64 Old Meadow Road, has been negotiatin g with Mr. Lombardi on the Millstone Road project on behalf of the Save Millstone Road group. He noted the reasons the group is in opposition of the project. He feels that a compromise has almost been meet , but still needs to be further discussed. The core issue of geometry and realignment of the road is holding up the negotiations of the MOU. He would like to continue negotiations with Mr. Lombardi. Katie Miller Jacobus, King Philip Road, is in favor of the installation of sidewalks on Millstone Road for safety, health and wellness. Fran Schofield, 161 Fox Meadow Drive, finds great value of living near the Rail Trail. She is a realtor and noted the trend to move away from a vehicle orientated lifestyle. She feels that the installation of sidewalks will improve the property value. Dick Koch, Zona Drive, is a former Brewster Police Chief and former Bikeways Committee member. He stressed that it was crucial in Route 6A and Underpass Road to make field decisions to benefit the residents. He feels there will always be opposition of change to some degree. Other roads in town that are not wide enough for sidewalks are not being considered for alteration, but Millstone Road is. He is in favor of the road improvement for bicycle and pedestrian safety. Kari Hoffman, Old Bog Road, referred to the Vision Plan in its relation to the project. She asked for a statement to convey that bicycles are allowed to share sidewalks with pedestrians, so long as they yield to pedestrians. Police Chief Eldredge confirmed the prior statement and explained that increased traffic enforcement will be in place on the road to enforce the speed limits. Ms. Hoffman asked for the Chief’s statement to be captured and posted on the Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 02-22-21 Page 4 of 5 Office of: Select Board Town Administrator website for reference. Mr. Lombardi clarified that the road layout will be followed as it exists today, but the layout will need to deviate if the current layout pushes the project into someone’s yard or prevents drainage installation. Selectperson deRuyter asked to have discussion with Mr. Henchy opened back up for negotiations. Mr. Henchy would like involvement in the redesign. Selectperson Chatelain is sensitive to road improvement issues and understands residents need for input on the design. He asked if there is a way to characterize the feelings of Millstone Road residents specifically. Mr. Ellis has been in the direct field with residents on the road, while Mr. Lombardi has been dealing directly with Mr. Henchy as their representative. Mr. Ellis responded to the question of the curb. Access to the sidewalk would be at breaks in the road and driveways. Mr. Ellis feels this is the most robust public engagement process that he has been a part of. The public forum process lead the design of the project to date. Selectperson Bingham would like Mr. Lombardi and Mr. Henchy attempt to further work out the MOU. Chair Chaffee feels this project has been an example of a productive process, public engagement, and encourages the negotiations to continue. She noted the size reduction of the project in response to the community’s response. She encouraged residents to review the meetings and read the detailed memo on the project written by Mr. Lombardi. The Complete Streets policy can be tailored to each road individually, and is not a one size fits all policy. Review and Discuss Draft Spring 2021 Town Meeting Warrant Mr. Lombardi reviewed the 26 articles in the spring 2021 town meeting warrant as they stand to date, which include 3 citizen’s petitions. The draft warrant was included in the packet for review. Spring Town Meeting is scheduled for Saturday May 15, 2021. For Your Information No discussion. Matters Not Reasonably Anticipated by the Chair None. Questions from the Media Rich Eldred, Cape Codder, asked if the one foot shoulder on Millstone Road would accomplish the objective of bicycle safety. Best practices for safe travel is a 5 foot bike lane, but was not feasible for this road. A 2 foot shoulder provided more safety than the 1 foot shoulder, but given the travel lane reduction bicyclists can choose to traverse the road way or the sidewalks. Next Meetings: March 1, March 10, and March 15, 2021 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 02-22-21 Page 5 of 5 Office of: Select Board Town Administrator Adjournment Selectperson Bingham moved to adjourn at 8:23pm, Selectperson deRuyter second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Respectfully submitted, Robin Young Approved: _______________ Signed: _______________________________________ Date Selectperson Bingham, Clerk of the Board of Selectman Accompanying Documents in Packet: Agenda, TA Report documents, Consent Items, FYI Packet, Millstone Road documents, Draft 2021 Spring Town Meeting Warrant, MOU’s, Anglican Church of the Resurrection, Brewster 1673 Main Street Brewster, Massachusetts 02631 February 19, 2021 Dear Selectmen of Brewster, My name is Father Alan Wilmot, and I am the pastor of the Anglican Church of the Resurrection. I ask permission to hold a short beach service at Breakwater Beach Easter Sunday April 4 and every Sunday in July and August, as well as Sunday in Labor Day weekend. Each of these services would begin at 7:30 AM, and would conclude well before 8:00 AM. We have held services of this sort for the past 10 years or so (I became pastor of this church 9 years ago). They are brief and tailored to be enjoyable by people across a broad spectrum. I understand that anyone parked at the beach after 9:00 AM without a beach parking sticker are subject to ticketing. I also understand that there is always possible spring work to be done on Breakwater Beach to repair and prevent storm damage. Should that be the case, I understand we might not have access to Breakwater Beach, and we will ask for the use of another beach in its place (Crosby Landing comes to mind). If you have any questions, you may contact me at (508) 896-2550, or at wingchaps@protonmail.com (the address dates to when I was an Air Wing chaplain in the Navy). Sincerely Yours, The Reverend Alan K. Wilmot Anglican Church of the Resurrection Mail: P. O. Box 1704, Brewster, MA 02631 Telephone: (508) 896-2550 http://capecodanglican.org/ Wingchaps@gmail.com                                                                                                                                                                                Brewster Chamber of Commerce, Inc. PO Box 1241 | Brewster MA 02631 www.Brewster-CapeCod.com FOR IMMEDIATE RELEASE Contact: Kyle Hinkle E: kylehinkle@comcast.net C: 508-237-1789 Brewster Chamber of Commerce, Inc. announces New Events for 2021 Brewster in Bloom Festival! February 19, 2021…Brewster, MA. The Brewster Chamber of Commerce is celebrating new events for this year’s Brewster in Bloom festival weekend, April 30, May 1 and 2, in keeping with current safety standards. They include Brewster’s Cultural Trail, the Virtual Artisans Showcase, KidFest Origami Flower Bouquet Project, the Virtual Cape Cod 5 Bloom Run and the Brewster in Bloom Lawn Display Contest! Also being worked on is a Virtual Brewster Band Concert. Introducing Brewster’s Cultural Trail highlighting all of Brewster’s cultural institutions, historic sites and amenities. Discover the cultural richness of Brewster that includes more than 30 galleries many with artists in residence, museums, and live theatre; historic homes that are now world class inns and restaurants; and boutique retail shops. Explore the many walking trails and ponds; visit the Brewster Flats at low tide; experience what it’s like to farm oysters; watch the herring climb up the ladder to their spawning lake; picnic at Drummer Boy Park overlooking Cape Cod Bay. Download Brewster’s Cultural Trail Map from www.BrewsterBlooms.com beginning on April 26, 2021! Virtual Artisans Showcase is a web-based display of many of Brewster in Bloom’s Fine Arts and Crafts Show artisans. Shop your favorites online! Applications for artisans who wish to be considered for inclusion are downloadable at www.BrewsterBlooms.com. KidFest Origami Flower Bouquet Project! Just in time for Mother’s Day! Fold a delightful bouquet of tulips to present to your mother, grandmother, aunt or other special person in your life. Visit www.BrewsterBlooms.com and follow the instruction video. FREE event! Virtual Cape Cod 5 Bloom Run: run your own 5-mile course over the 3-day festival weekend. Registration opens March 1st at www.BrewsterRecreation.com. There is an entry fee with proceeds benefiting the Brewster Recreation Scholarship Fund. Brewster in Bloom Lawn Display Contest!! For residents and businesses alike: create a “float” on your front lawn following this year’s theme “Mayflower Madness!” Let your imagination be your guide, whether it’s May flowers, Pilgrims or something else! Judging will take place between April 26 and 30; winners awarded frameable certificates on Sunday, May 2nd. Registration is FREE and opens on April 12th at www.BrewsterBlooms.com; an interactive map will also be available. MORE Brewster Chamber of Commerce, Inc. PO Box 1241 | Brewster MA 02631 www.Brewster-CapeCod.com Brewster in Bloom events continued: The Virtual Brewster Band Concert will be available to hear on www.BrewsterBlooms.com featuring the concert that was held in 2019 at the Brewster Baptist Church. The Band members are hopeful that they will be back at Drummer Boy Park this summer to entertain everyone on Sunday evenings! For more information about Brewster in Bloom, visit the website at www.BrewsterBlooms .com or contact the Brewster Chamber of Commerce at info@brewster-capecod.com. # # # # # Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Revisions to Select Board Fee Waiver Policy DATE: February 26, 2021 Last July, the Select Board voted to delay implementing the Town’s plastic bag ban in light of the pandemic. Per the Town bylaw, the ban was supposed to take effect on June 1, 2020. In the early days of the pandemic, Governor Baker issued an emergency executive order banning the use of reusable bags that superseded individual Town’s plastic bag bans. At the time, plastic was perceived as a safer choice in the unusual conditions we were living through. This executive order was rescinded last summer shortly before the Select Board voted to officially delay the implementation of our ban in recognition that our local business community was struggling to meet the many challenges of the pandemic and that immediate implementation would not be practical nor reasonable. Now that we have weathered the worst of the second wave and no further preemptive state action on this industry is expected, it is appropriate to consider when our ban should take effect. While local businesses have been urged to transition to paper voluntarily in the meantime, some still have considerable plastic bag inventory to phase out. Further, while the Health Department is identified as the primary local enforcement authority of our bylaw, their focus and priority remains on COVID response activities in addition to their standard responsibilities and workload. Accordingly, I would suggest that a reasonable timeline for implementation of our ban is June or July 1, 2021. I would also ask for the Recycling Commission’s assistance, working with relevant Town staff, in educating our local business community and residents about these changes. We certainly remain committed to reducing/eliminating single use plastics but must be practical and flexible as we continue to balance our pandemic response efforts with these important initiatives. Office of: Select Board Town Administrator ARTICLE III Thin-Film Plastic Bags [Adopted 5-6-2019 ATM, Art. 20] §135-4.Findings. The Town of Brewster makes the following findings: A.The production and use of thin-film,single-use plastic bags ("thin- film bags")results in harm to the land,environment and waterways of coastal communities like Brewster,including but not limited to: (1)The deaths of marine and land animals by ingestion and entanglement. (2)Littering Town streets,parks,public spaces and waterways which detracts from the natural beauty of the Town. (3)Creating mechanical and disposal burdens for solid waste collection and recycling through entanglement with equipment. (4)Thin-film bag manufacturing requires nonrenewable fossil fuels. (5)Most thin-film plastic bags are not recycled even when users have access to recycling opportunities. B.Thin-film bags are not biodegradable or compostable.Affordable, environmentally responsible alternatives to thin-film bags exist, including reusable shopping bags of cloth or other durable material, and are available from numerous sources and vendors. C.Tourism is vital to Brewster's economy and thin-film bag use and litter detracts from the Town's image as an eco-tourism destination. D.Thirteen of 15 Barnstable County towns have already instituted thin-film bag bans;as have nearly 90 municipalities across the commonwealth. E.Many consumers,as well as Brewster retail establishments,have already stopped using thin-film bags. F.Thin-film plastic bag regulations have proven effective in reducing plastic bag consumption and litter and are part of the growing trend toward sustainability. §135-4 §135-5 :1 §135-5.Purpose and intent. §135-6.Definitions. ESTABLISHMENT —Any business selling goods,articles,food or personal services to the public,including but not limited to markets, merchandise retailers,food purveyors,public eating establishments, and take out restaurants. RECYCLABLE PAPER BAG —A paper bag with or without handles provided at the checkout stand,cash register,point of sale,or other point of departure for the purpose of transporting food or merchandise from the establishment. The bag: REUSABLE BAG —A bag with stitched handles specifically designed for multiple reuse, and is made of: THIN-FILM (SINGLE-USE)BAG —Plastic bags provided at the checkout stand,cash register,point of sale,or other point of departure for the purpose of transporting food or merchandise from the establishment;has integral handles and a thickness of less than 4.0 mils. A.Brewster is committed to protecting the environment,and the public health, safety and welfare of its citizens. B.The purposes of this bylaw are to protect and conserve Brewster's natural and economic resources,enhance the Town's natural beauty,reduce land and marine pollution,advance solid waste reduction,and encourage the use of reusable and recyclable bags within the Town.Therefore,the Town of Brewster will implement this bylaw to phase out the use of thin-film plastic bags by all Brewster business establishments by June 1, 2020. Is 100% recyclable; andA. Contains a minimum of 40%post-consumer recycled paper content. B. Cloth or other machine-washable fabric;A. Durable,non-toxic plastic (other than polyethylene or polyvinyl chloride)that is four mils [NOTE:Plastic sheeting is measured in mils;a mil is equal to one one-thousandth of an inch,or 0.001 inch.One mil also equals 0.0254 millimeter;thus a mil is not the same as a millimeter.]or more thick,100 microns or more thick, or 100 GSM [NOTE:GSM (Grams per Square Meter)is a measure of material durability.] or more; or B. Other durable material suitable for reuse.C. §135-5 §135-7 :2 §135-7.Use and regulation. §135-8.Exemptions. The following are exempt and not subject to the provisions of this bylaw: §135-9.When effective. A.Thin-film (single-use)plastic bags shall not be distributed or sold at any establishment within the Town of Brewster. B.Existing stock of thin-film bags shall be phased out by June 1, 2020. C.Establishments may only offer reusable bags or recyclable paper bags to customers at the check-out or point of sale. D.Establishments may charge and retain a fee for any recyclable paper bag or reusable bag they offer. E.Establishments are strongly encouraged to educate their staff to promote reusable bags,and to encourage customers to use reusable bags. F.Nothing in this bylaw prohibits customers from using bags or other containers brought by the customer to the establishment; customers are encouraged to bring their own reusable bags. A.Bags,a maximum size of 11 inches by 17 inches,used by customers inside establishments to: (1)Package bulk items like fruit, nuts, candy or small items; (2)Contain frozen foods, meat or fish; or (3)Contain flowers,plants,or items where dampness may be a problem. B.Dry cleaning bags or bags sold in packages containing multiple bags intended for home use,including but not limited to Pay-As- You-Throw bags. A.This bylaw shall take effect 12 months after adoption and in accord with MGL c. 40, §32. B.The Select Board or its designee may grant a deferment from compliance with this bylaw for a period of not more than six months upon the establishment's showing,in writing,that strict compliance with this bylaw would create an undue hardship or §135-7 §135-9 :3 §135-10.Inspection and enforcement. §135-11.Noncriminal disposition; violations and penalties. §135-12.Severability. Each section of this bylaw shall be construed as separate to the end that if any section,sentence,clause or phrase shall be held invalid by a court of competent jurisdiction,the remainder of this bylaw shall remain in full force. practical difficulty not generally applicable to other establishments in similar circumstances.The decision to grant or deny an exemption shall be at the Select Board's sole discretion, in writing, and the decision will be final. A.This bylaw may be enforced by any means available in law or in equity,including noncriminal disposition in accordance with §135-11. B.This bylaw shall be enforced by any Town police officer or agent of the Board of Health. C.Any enforcing person shall have the right to enter any public areas of an establishment during regular business hours,without a search or inspection warrant,to make reasonable inspection to ascertain compliance with the provisions of this bylaw. A.Any establishment that violates or fails to comply with this bylaw shall be subject to the following penalties pursuant to MGL c.40, §21D.Each day the violation exists shall constitute a separate violation. B.The following penalties apply: (1)First offense: warning. (2)Second offense: $50. (3)Third and subsequent offenses: $100. C.Subsequent offenses shall be determined as offenses occurring within two years of the date of the first noticed offense. §135-9 §135-12 :4 THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL CENTRAL MASSACHUSETTS DIVISION 10 MECHANIC STREET, SUITE 301 WORCESTER, MA 01608 (508) 792-7600 (508) 795-1991 fax www.mass.gov/ago 1 November 7, 2019 Colette M. Williams, Town Clerk Town of Brewster 2198 Main Street Brewster, MA 02631 RE: Brewster Annual Town Meeting of May 6, 2019 - Case # 9377 Warrant Articles # 16, 19, and 20 (General)1 Dear Ms. Williams: Article 20 - We approve the majority of the by-law text adopted under Article 20 (ban on thin-film (single use) plastic bags.) However, the by-law requires that retail establishments provide a reusable bag at no cost to certain benefits recipients and non-profit entities upon request. Although we appreciate the well-meaning intent behind this requirement, it presents a conflict with state and federal law and therefore must be disapproved and deleted. Section 4 (G)’s requirement that a retail establishment provide a reusable bag at no cost to certain benefits recipients and non- profits upon request conflicts with Section 7 (5) of the Home Rule Amendment, Mass. Const. amend. Art. 2., which prohibits municipalities from enacting “private or civil law governing civil relationships except as an incident to an exercise of an independent municipal power.” This text also conflicts with state and federal regulations that prohibit treating benefits recipients differently from other customers. We further explain our disapproval of this provision below. I. Summary of Article 20 Article 20 provides that “[t]hin-film (single use) plastic bags shall not be distributed or sold at any retail establishment within the Town of Brewster.” Section 4 (A). The by-law requires that if a retail establishment provides bags to customers, those bags must be reusable bags or recyclable bags. Section 4 (C). The by-law further provides that a retail establishment may (but is not required to) charge and retain a fee for any reusable bags or recyclable paper bags they offer. However, the by-law requires that the reusable bags be provided at no cost to certain benefits 1 In a previous decision dated August 8, 2019, we approved Articles 16 and 19. 2 recipients and non-profit entities upon request, as follows (emphasis added): Establishments shall provide a reusable bag at no cost upon the request of a customer who uses a voucher issued under the Special Supplemental Food Program for Women, Infants, and Children (WIC) pursuant to M.G.L. c. 111, or in the Supplemental Nutrition Assistant Program (SNAP) pursuant to M.G.L. c. 18, or to any non-profit corporation, or other charity defined by M.G.L. c. 12 that distributes food, grocery products, clothing or household items to clients.. We disapprove and delete Section 4 (G) as shown above in bold and underlined for the reasons detailed below.2 II. Attorney General’s Standard of Review Pursuant to G.L. c. 40, § 32, the Attorney General has a limited power of disapproval with every “presumption made in favor of the validity of municipal by-laws.” Amherst v. Attorney General, 398 Mass. 793, 796 (1986). In order to disapprove any portion of a proposed by-law, the Attorney General must cite an inconsistency between the by-law adopted by the Town and the Constitution or laws of the Commonwealth. Id. We emphasize that our decision in no way implies any agreement or disagreement with the policy views that led to the passage of the by-law. The Attorney General’s limited standard of review requires her to approve or disapprove by-laws based solely on their consistency with state and federal law, not on any policy views she may have on the subject matter or wisdom of the by-law. Id. at 795-96, 798-99. III. Home Rule Amendment Limitations on Town By-laws Section 7 (5) of the Home Rule Amendment, Mass. Const. amend. art. 2, prohibits municipalities from enacting “private or civil law governing civil relationships except as an incident to an exercise of an independent municipal power.” The Supreme Judicial Court first interpreted the meaning of this clause in Marshal House, Inc. v. Rent Review and Grievance Board of Brookline, 357 Mass. 709 (1970), in which the court held that a by-law enacting a form of “rent control” was an impermissible private or civil law governing a civil relationship. The court admitted that “[a]mbiguity exists . . . concerning the meaning of . . . § 7 (5).” Id. at 713. Nonetheless, the court concluded that “[t]he term ‘private or civil law governing civil relationships’ is broad enough to include law controlling ordinary and usual relationships between landlords and tenants.” Id. at 716. The court noted that the by-law “affords . . . the power in effect to remake, in important respects, the parties’ contract creating a tenancy” by “restricting[ing] the rent which may be charged to the tenant” the proposed by-law “directly intervenes in the continuing landlord-tenant relationship.” Id. at 715-16. Since the municipal board, operating pursuant to the challenged by-law, could “remake, in important respects, the parties’ contract” and thereby alter a “continuing . . . relationship,” the by-law was a private or civil law governing a civil relationship. 2 We disapproved a similar provision in decisions issued to Williamstown on October 26, 2015 (Case # 7594); Mashpee on March 20, 2017 (Case # 8176); and Lanesborough on November 6, 2017 (Case # 8579). 3 Three years later, in Bloom v. City of Worcester, 363 Mass. 136 (1973), the court held that the creation of a municipal human rights commission was not an enactment of private or civil law governing a civil relationship. In so holding, the court distinguished the Worcester ordinance from the Marshal House by-law: “No new rights or obligations between persons are created by the ordinance; no existing rights or obligations between persons are modified or abolished.” Id. at 146. “At most . . . the ordinance and activities undertaken pursuant to it can encourage a person by moral suasion to do what the [state] law governing his civil relationships already requires him to do.” Id. at 147. Together, Marshal House and Bloom suggest certain distinguishing features of private or civil laws governing civil relationships. An enactment that “remake[s], in important respects,” an agreement governing a “continuing . . . relationship,” and which impacts its enforcement through means “predominantly civil in character,” is likely a private or civil law governing a civil relationship. See Marshal House, 357 Mass. at 716-17. Put differently, “[d]oes the by-law so directly affect the [retailer-customer] relationship, otherwise than ‘as an incident to an exercise of independent municipal power,’ as to come within § 7(5)?” Id. at 717. In contrast, an enactment in which “[n]o new rights or obligations between persons are created [and] no existing rights or obligations between persons are modified or abolished,” Bloom, 363 Mass. at 146 (emphasis added), is likely not a private or civil law governing a civil relationship.3 Here, the proposed by-law in Section 4 (G) requires a retail establishment to provide a reusable bag at no cost to certain benefits recipients and non-profits upon request. Unlike the Bloom ordinance, under this requirement “existing rights or obligations between persons are modified or abolished.” Bloom, 363 Mass. at 146. This requirement “directly affects” the way a retail establishment sells products to its customers. See Marshal House, 357 Mass. at 717 (a town is prohibited from adopting a by-law that directly effects the landlord tenant relationship unless it is incidental to the exercise of an independent municipal power.) When a town by-law purports to dictate to a retailer what products it must provide to its customers without charge, the by-law fundamentally alters the retailer-customer relationship. Cf. id. at 715 (a by-law that “restrict[s] the rent which may be charged to a tenant in leases . . . purports to control the principal incentive to the landlord for entering into the relationship at all.”) Therefore, Section 4 (G)’s requirement is an enactment of private or civil law governing civil relationships in contravention of the Home Rule Amendment. Still, “[a]n ordinance which governs a civil relationship may be valid despite the proscription of § 7(5) if it is ‘incident to an exercise of an independent municipal power.’” Bannerman v. City of Fall River, 391 Mass. 328, 332 (1984) (quoting Mass. Const. amend. art. 2, § 7(5)). However, “[f]urtherance of the general public welfare is insufficient justification for an ordinance which otherwise violates § 7(5).” Id. Rather, the impact on civil relationships must be 3 This concept of private or civil law is consistent with that offered by other legal authorities. “Private law consists of the substantive law which establishes legal rights and duties between and among private entities, law that takes effect in lawsuits brought by one private entity against another. Gary T. Schwartz, The Logic of Home Rule and the Private Law Exception, 20 UCLA L. Rev. 671, 688 (1973). Examples include “contracts, property, and torts.” Id. at 687. “[A] municipality is considered to have enacted private law when an ordinance significantly affects private legal relationships….” Note, Municipal Home Rule Power: Impact on Private Legal Relationships, 56 Iowa L. Rev. 631, 631 (1971). 4 incident to the exercise of “some independent, individual component of the municipal police power.” Marshal House, 357 Mass. at 718. We can identify no independent, individual component of municipal authority exercised by the proposed by-law text, to which the intended regulation of civil relationships would be incidental. Cf. id. (“We perceive no component of the general municipal police power, other than the regulation of rents itself, to which such regulation fairly could be said to be incidental.”). The proposed text in Section 4 (G) therefore constitutes an invalid private or civil law governing civil relationships. We reiterate that the Attorney General’s review of by-laws pursuant to G.L. c. 40, § 32, is limited to the by-law’s consistency with state substantive and procedural law, rather than a consideration of the policy arguments for or against the enactment. Amherst, 398 Mass. at 798- 799 (“Neither we nor the Attorney General may comment on the wisdom of the town’s by-law.”). The Town must leave it to the retail establishment to determine whether or not it will charge a fee for the bags it provides to its customers. Because Section 4 (G) conflicts with the Home Rule Amendment, it is disapproved and deleted. IV. Section 4 (G) Conflicts with Federal and State Law The requirement in Section 4 (G) that a retail establishment provide certain benefits recipients a reusable bag at no charge upon request also conflicts with state and federal law governing the SNAP program and the WIC program. Federal regulations at 7 CFR § 278.2 govern these benefit programs and supersede any state or local regulations that are in conflict: (b) Equal treatment for coupon customers. Coupons shall be accepted for eligible foods at the same prices and on the same terms and conditions applicable to cash purchases of the same foods at the same store except that tax shall not be charged on eligible foods purchased with coupons. However, nothing in this part may be construed as authorizing FNS to specify the prices at which retail food stores may sell food. However, public or private nonprofit homeless meal providers may only request voluntary use of SNAP benefits from homeless SNAP recipients and may not request such household using SNAP benefits to pay more than the average cost of the food purchased by the public or private nonprofit homeless meal provider contained in a meal served to the patrons of the meal service. For purposes of this section, “average cost” is determined by averaging food costs over a period of up to one calendar month. Voluntary payments by SNAP recipients in excess of such costs may be accepted by the meal providers. The value of donated foods from any source shall not be considered in determining the amount to be requested from SNAP recipients. All indirect costs, such as those incurred in the acquisition, storage, or preparation of the foods used in meals shall also be excluded. In addition, if others have the option of eating free or making a monetary donation, SNAP recipients must be provided the same option of eating free or making a donation in money or SNAP benefits. No retail food store may single out coupon users for special treatment in any way. No retail food store may single out coupon users for special treatment in any way. (Emphasis supplied.) According to input we received from the United States Department of Agriculture (“USDA”) and the Department of Transitional Assistance (“DTA”) during the course of our review of a similar plastic bag ban by-law adopted by the Town of Williamstown at its May 2015 Annual Town 5 Meeting, the requirement in Section 4 (G) that retail establishments provide reusable bags to benefits recipients conflicts with 7 CFR § 278.2 because it treats benefits recipients differently from other customers. The SNAP regulations require that SNAP recipients receive treatment equal to that received by other customers at retail establishments participating in the SNAP Program. The regulations prohibit both negative treatment as well as preferential treatment. Additionally, the USDA oversees the implementation of the WIC program through the states.4 Thus, retail establishments participating in the WIC program must treat WIC benefits recipients the same as other customers. See 7 CFR § 246.12 (h) (3) (ii) (“The vendor must offer program participants, parents, or caretakers of infant or child participants, and proxies, the same courtesies offered to other customers.”)5 In addition, the USDA’s Food and Nutrition Service (“FNS”) operating rules for its WIC, Electronic Benefits Transfer (“EBT”) program provides that WIC vendors are not required to provide grocery bags for WIC customers if they are not provided to other customers. Specifically, Section 4, pertaining to “WIC Vendor Requirements,” provides in Section 4.7.5.6 (b) “Bottle Deposits and Grocery Bag Fees” (effective October 1, 2014), as follows: a) Some WIC food items may have a bottle or container deposit charge included with the purchase of the food item. The WIC Participant is responsible for paying the deposit charge and may redeem the deposit amount upon return of the bottle or container. WIC Vendor systems shall identify and charge bottle deposits and bag fees to other tender to be paid by the WIC Participant. b) WIC Vendors are not required to provide grocery bags for WIC customers if they are not provided to other customers in compliance with the WIC ‘Equal Treatment’ policy (246.12(h)(3)(iii)). WIC Vendor systems shall credit grocery bag use to the WIC Participant’s non-WIC item purchases. If any credit remains, the remainder shall be applied to the WIC purchases. See https://www.fns.usda.gov/sites/default/files/wic/WIC-EBT-Operating-Rules-September-2014.pdf The operating rules for WIC’s EBT program provide that WIC vendors “are not required to provide grocery bags” to WIC customers if they are not provided to other customers. Providing a grocery bag (whether for free or for a charge) to a WIC customer when one is not provided to other customers on those same terms would violate, WIC’s equal treatment provision provided in 7 CFR § 246.12 (h) (3) (ii). 4 WIC is a federal program created to safeguard the health of low-income women, infants, and children who are at nutrition risk. The program is administered by local agencies and receives both federal and state funds. See USDA WIC website (mission statement) at https://www.fns.usda.gov/wic/about-wic-wics- mission. The program establishes eligibility requirements. However, any family enrolled in certain other benefit programs, including SNAP are automatically eligible for WIC. See USDA WIC website (eligibility requirements) at https://www.fns.usda.gov/wic/wic-eligibility-requirements. 5 This is similar to the requirements for the SNAP program found at 7 CFR § 278.2 which provides in relevant part “[n]o retail food store may single out coupon users for special treatment in anyway.” 6 We recognize the well-meaning intent behind the by-law provision requiring retail establishments to provide a reusable bag at no cost to benefits recipients upon request. However, we are bound by the plain language of the regulations. See, e.g., Rosenbloom v. Kokofsky, 373 Mass. 778, 781 (1977) (“We cannot interpret a statute so as to avoid injustice or hardship if its language is clear and unambiguous and requires a different construction”). Because the plain language of the regulations prevents the Town from requiring retailers to waive the fee for benefits recipients or nonprofits only, we must disapprove and delete Section 4 (G). We suggest that the Town consult with Town Counsel about whether there may be ways of achieving its objective without running afoul of state and federal laws.6 V. Inspection and Enforcement Section 7 (C), “Inspection and Enforcement,” authorizes the enforcing person (as defined in the by-law) to enter any retail establishment during regular business hours, “without a search or inspection warrant” to ascertain compliance with the by-law. “Municipal officials do not have the authority to conduct non-emergency warrantless searches of private property without permission of the owner.” Commonwealth v. John G. Grant & Sons Co., Inc., 403 Mass. 151, 159-60 (1988). The U.S. Supreme Court has held that warrants are required for non-emergency administrative inspections. Camara v. Municipal Court of San Francisco, 387 U.S. 523 (1966) (requiring warrant for health inspector non-emergency entry); See v. City of Seattle, 387 U.S. 541 (1966) (requiring warrant for non-emergency inspection by fire chief). “[A]dministrative entry, without consent, upon the portions of commercial premises which are not open to the public may only be compelled through prosecution or physical force within the framework of a warrant procedure.” See, 387 U.S. at 545. Massachusetts courts have similarly recognized that “statutes can no longer convey blanket powers of warrantless entries.” Commonwealth v. Hurd, 51 Mass. App. Ct. 12, 17 (2001) (holding that G.L. c. 129, § 7, does not authorize warrantless searches for animal inspection). The Town should consult with Town Counsel to ensure that the Section 7 (C) is applied in a manner that is consistent with state law and applicable constitutional requirements. Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the Town has first satisfied the posting/publishing requirements of that statute. Once this statutory duty is fulfilled, (1) general by-laws and amendments take effect on the date these posting and publishing requirements are satisfied unless a later effective date is prescribed in the by-law, and (2) zoning by-laws and amendments are deemed to have taken effect from the date they were approved by the Town Meeting, unless a later effective date is prescribed in the by-law. 6 It is our understanding that the Town and retailers may be able to request a waiver from the USDA to provide preferential treatment to SNAP recipients. See, e.g., https://www.fns.usda.gov/snap/waivers/rules 7 Very truly yours, MAURA HEALEY ATTORNEY GENERAL Kelli E. Gunagan By: Kelli E. Gunagan Assistant Attorney General Municipal Law Unit 10 Mechanic Street, Suite 301 Worcester, MA 01608 (508) 792-7600 cc: Town Counsel Jonathan M. Silverstein 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 Materials for March 1, 2021 meeting with Select Board (1)“AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER” dated 2.26.21 (2)COMPARISON of Nov 2020 to Feb 2021 Versions (3)COMPARISON of Jan 2021 to Feb 2021 Versions AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER 1 Table of Contents SPECIAL ACT SECTION 1. CHARTER ....................................................................................2 CHAPTER 1 POWERS OF THE TOWN ............................................................2 CHAPTER 2 TOWN MEETINGS AND ELECTIONS .......................................3 CHAPTER 3 THE SELECT BOARD ..................................................................8 CHAPTER 4 TOWN MANAGEMENT ............................................................11 CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES .................15 CHAPTER 6 FINANCIAL PROVISIONS ........................................................19 CHAPTER 7 BY-LAWS AND CHARTER – ADOPTION, AMENDMENT AND PERIODIC REVIEW..........................................................................................21 SPECIAL ACT SECTION 2. CONTINUATION OF EXISTING LAWS ................................22 SPECIAL ACT SECTION 3. CONTINUATION OF GOVERNMENT ..................................22 SPECIAL ACT SECTION 4. CONTINUATION OF PERSONNEL .......................................22 SPECIAL ACT SECTION 5. TRANSFER OF RECORDS AND PROPERTY ......................22 SPECIAL ACT SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. ........................22 SPECIAL ACT SECTION 7. TRANSITION ...........................................................................23 SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT ....................................................23 1 The text of the Charter itself appears in Special Act Section 1 and ends on page 21. The other sections of the special act, shown in italic text, will not appear in the Charter but will address the legal elements of the Town’s legal transition to the Charter form of government. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -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: SPECIAL ACT SECTION 1. Notwithstanding any general or special law to the contrary, the following shall be the charter for the town of Brewster: Brewster Town Charter Preamble: We, the people of the Town of Brewster, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government, adopt this charter with the expectation and intent that the Charter will continue and enhance the town’s strong traditions of active voter participation; ethical, transparent and responsive leadership; wise use of public resources; respect for all in the community; and an engaged citizenry. We expect and intend that our government will be welcoming and inclusive and will promote equality and respect for all people. 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -3- 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 1 or more civil divisions, subdivisions or agencies of the commonwealth, other states or of the United States government. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -4- 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 upon recommendation of the select board. 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 citizen petitioned articles submitted pursuant to section 2-4 for inclusion on the warrant at said fall annual town meeting and notice of the select board's action with regard to such meeting shall be posted on the town website and principal bulletin board. The select board's decision as to whether to hold a fall town meeting shall not prohibit the select 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 by-law. 2-3-2 Posting A) In addition to any notice required by the general laws, the select board shall post the town meeting warrant at the following locations: town hall and at least 1 location in each precinct, and make available sufficient copies of the warrant at the town meeting for all registered voters in attendance. B) In addition, the select board shall, at least 1 week prior to the meeting, post the warrant for such meeting on the town website, and make the same available at town hall, and as required by by-law or select board policy, at town facilities and other common locations throughout the town. However, 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -5- 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. 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 as recommended by the select board; 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. 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 1-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 a registered voter of the town as 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 by-law, rules of procedure for the town meeting shall be in accord with “Town Meeting Time, A Handbook of Parliamentary Law” published by the Massachusetts Moderators Association, 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -6- 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 2 weeks after the scheduled beginning of the spring annual town meeting, then the annual election shall be held on the 4th Tuesday in May. Notwithstanding any other provision of this paragraph, however, the select board may delay the date of the annual election to another date in the same fiscal year if the Governor has declared a state of emergency to protect the public health or safety. Then the Annual Election shall be held on the fourth Tuesday in May, or any other Tuesday in May or June as determined by the Select Board after consultation with the Town Clerk. SECTION 11 Elected Officers 2-11-1 The registered voters of the town of Brewster shall, in accordance with any applicable laws, by-laws, voters of the town or intergovernmental agreement, elect the following, with members of multi-member bodies to be elected for overlapping terms: a) Moderator for a 3 year term; b) Select board of 5 members, each for a 3 year term; c) Brewster school committee of 5 members, each for a 3 year term; d) Representatives to the Nauset regional school district school committee, as the regional school agreement shall provide, and as it may be amended from time to time; e) Board of health of 5 members, each for a 3 year term; f) Planning board of 7 members for 4 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 5 members, of which 3 shall be elected and 2 shall be appointed, in accordance with requirements of state law as it may be amended from time to time; and SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -7- (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 a town meeting or town election, provided, further, that the person holding such position shall conform to any reasonable regulations concerning such responsibilities as may, from time to time, be proposed by the chief of police and approved by the select board. SECTION 12 Recall of Elected Officers 2-12-1 Recall of Elected Officers Any holder of an elected office in the town of Brewster may be recalled from that office by the registered voters of the Town as hereinafter provided, for reasons including but not limited to neglect of duties, malfeasance, misconduct or inability to perform official duties; provided, however, that the question of whether the reasons stated for recall justify recall of a particular officer shall be determined solely by the voters. A) 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 1 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. B) Delivery to officer; order of recall proceedings 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 3 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 shall 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 submission of the question of recall to the date of such other election. No person shall be subject to recall if their term of SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -8- 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. C) Conduct of Recall 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. D) Action upon completion of recall The incumbent shall continue to perform the duties of the office until the question of recall has been acted upon by the voters. If then re-elected, the officer 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, they shall be deemed removed; their successor shall serve the remainder of the unexpired term. Provided however, if the successor fails to qualify within 10 days after receiving notification of their election, the office shall be deemed vacant. E) Ballots to be used (1) Ballots used for recall shall submit the following propositions in the order indicated: For the recall of (name and title of officer). Against the recall of (name and title of officer). ii) Under the propositions shall appear the word "Candidates," the directions to the voters required by G.L. 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 elected. If a majority of the votes on the question is in the negative, the ballots for candidates shall not be counted. F) 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 6 months after the election at which their recall was submitted to the voters of the town. G) Limits on appointments after filing of recall petition SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -9- 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 2 years after such recall or such resignation. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -10- CHAPTER 3 THE SELECT BOARD SECTION 1 Composition, Compensation and Vacancies 3-1-1 There shall be a select board consisting of 5 members elected for 3-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 A quorum of the select board shall be 3 members. 3-1-4 Each member of the select board may receive an annual stipend as set forth in the Brewster by-laws, 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 by-laws. 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. 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -11- 3-2-6 The select board shall, no less than 1 time per year, meet jointly with the finance committee, the Brewster school committee, the Nauset regional school district school committee, and the Cape Cod regional technical high school district 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 1 or more licenses. 3-2-8 The select board shall ensure that the Brewster general by-laws are kept current. 3-2-9 The select board shall be responsible to ensure that the town manager complies with the charter. 3-2-10 The select board shall approve all personnel policies proposed by the town manager in accordance with section 4-1-4(K). 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 is posted on the town 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 August 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 multiple member bodies, except as otherwise provided in this charter. 3-4-4 The select board may appoint ad hoc committees as it deems necessary or appropriate. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -12- 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, except when the select board is conducting an investigation of the town manager under section 3- 5-1, in which case such employee shall contact the select board chair. 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 select board. 3-6-4 The select board shall represent the town for all ceremonial purposes. SECTION 7 Code of Conduct 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, and, further, that any additional code of conduct adopted by another board shall be no less restrictive. Any code of conduct adopted by a board shall be posted in its office and on the town website. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -13- CHAPTER 4 TOWN MANAGEMENT SECTION 1 Town manager 4-1-1 Appointments and Qualifications The select board shall by majority vote of the entire select 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 2/3 vote of the entire board, extend to a time certain the time for establishing residence or waive this requirement in its entirety. 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 consistent with the provisions of G.L. c.41, §108N. 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 select 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 Brewster 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -14- B) supervise, discipline, suspend or remove all appointed department heads and employees and organize and structure all town departments accordingly, except as otherwise provided in section 4-3; 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 manager; 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 select 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 under section 3-2-10 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 Brewster 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; SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -15- 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) investigate or inquire into the affairs of any town department or office; Q) 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; R) delegate, authorize or direct any subordinate or employee in the town, including an assistant town manager if any, and subject to funding therefor, 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 S) 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; provided, however, that if there is an assistant town manager serving at the time of any such absence, such person may function as the acting town manager. In the event of long-term disability or absence exceeding 14 days , or the resignation, termination or vacancy in the office of town manager, the select board shall forthwith, and no later than 14 days thereafter, 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 select 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 select 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 select board deems 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 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -16- 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. Section 3 Other Departments 4-3-1 Fire Department. Except as otherwise provided in this charter, there shall be a fire department consistent with the provisions of G.L. c.48, §§42, 43, and 44. The fire chief shall have responsibility for the day-to-day supervision of firefighters and the fire department. The fire chief shall have additional authority to place a firefighter on administrative leave with pay, or discipline or suspend a firefighter, for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such suspension. When the town manager intends to take action under section 4-1(B) with respect to subordinate members of the fire department, the town manager first shall consult with the fire chief. 4-3-2 Police Department. Except as otherwise provided in this charter, there shall be a police department consistent with the provisions of G.L. c.41, §97A. The police chief shall have responsibility for the day-to-day supervision of subordinate police officers and the police department. The police chief shall have additional authority to place a police officer on administrative leave with pay, or discipline or suspend a police officer for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such suspension. When the town manager intends to takes action under section 4-1(B) with respect to subordinate members of the police department, the town manager first shall consult with the police chief. 4-3-3 Water Department. A. Department. There shall be a water department under the supervision of a water superintendent. The department shall have all of the powers, rights and duties to be exercised by a water commission under the general and special laws, except as otherwise provided herein. The water superintendent shall be responsible for the efficient exercise, performance and coordination of the department. Any exercise by the department of the authority of water commissioners with respect to acquisition or disposition of land must first be approved by the select board. The superintendent shall provide the town a bond, with a surety company authorized to transact business in the commonwealth, as surety for the faithful performance of the superintendent, in such sum and upon such conditions as the town administrator shall require. The superintendent shall report to the town administrator as to the doings of the office at such times as the administrator may require. B. Superintendent. The water superintendent shall supervise and direct the operations and employees of the department in accordance with the town’s personnel by-law and any applicable collective bargaining agreements. The water superintendent shall be especially qualified by education, training and experience to perform the duties of the office and shall have such other qualifications as may be required from time to time. While employed by the town, the water superintendent shall not engage in a business or occupation falling within the jurisdiction of the SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -17- water department, unless approved in advance by the town manager with the concurrence of the select board. Unless specifically provided in State law, the water superintendent 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. The water superintendent need not be a resident of the town during their tenure. C. Water Commission. There shall be a water commission of 3 members appointed by the select board for alternating, overlapping 3 year terms. Said commission shall be responsible for setting water rates and providing advice and support to the superintendent with respect to other policy matters on which it is consulted and which fall with the jurisdiction of the water department. The Water Commission shall recommend priorities and policies to govern the provision of water in the town, and, with the concurrence of the water superintendent, shall be authorized to adopt policies and regulations to carry out the same. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -18- CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES SECTION 1 Appointed Boards and Committees 5-1-1 General Authority A) In addition to any boards and committees specified in this charter, boards and committees may be created by adoption of by-laws, 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 and, within 10 business days of their creation, posted on the town website. B) Notwithstanding any other provision of this charter or general laws to the contrary, any person appointed to a multiple member body may be removed by their respective appointing authority, following written notice and the opportunity for a public hearing; provided, however, that failure to reappoint following the expiration of an appointed term shall not constitute removal. SECTION 2 Moderator Appointments 5-2-1 Power to appoint The moderator shall have the power to appoint members of those boards and commissions authorized under this chapter, by-law, vote of town meeting, or regional school district agreement. 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. 5-2-2 Finance Committee A) Establishment; membership. There shall be a finance committee appointed by the town moderator consisting of 9 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 3 year term beginning on July 1 and terminating on June 30 of the third year following appointment. Vacancies on the committee shall be filled by the moderator for the remainder of the original term. A member of the finance committee 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -19- 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 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 and/or accounts of any department of the town. The finance committee, 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 finance committee nor its individual members shall give direct orders to any such employee. SECTION 3 Alternate Members of Certain Multiple-Member bodies 5-3-1 Alternate Members of Certain Elected Boards The select board, following consultation with a board elected under section 2-11-1(C), (E), (F), (G) or (H), 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. 5-3-2 Alternate Members of Appointed Boards The appointing authority may appoint not more than 2 alternate members to boards addressed by sections 5-1-1(A) and 5-2-1 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 4 General Provisions Applicable to Multiple Member Bodies 5-4-1 Charge Except as otherwise provided in this charter, each multiple member body set forth or authorized in Sections 5-1-1(A) and 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 herein. 5-4-2 Organization and Report Each multiple member body shall elect a chair, vice chair and clerk, and shall cause the select board and the town clerk to be notified of its selection. Such organization shall be taken up at the first meeting after the election for all elected boards, at the first meeting after annual SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -20- appointments are made, or the first meeting of a new board or committee. All boards and committees created under chapter 5 of this charter, or pursuant to a by-law, shall make a written annual report of their activities to the select board in accordance with section 3-3-1. 5-4-3 Resignation A resignation of any elected town officer under section 2-11-1, or any appointed multiple member created by this charter or by by-law under section 5-1-1(A) or 5-2-1, shall be deemed effective when such resignation is filed with the town clerk or at such later time certain as may be specified in such filed resignation. 5-4-4 Excessive Absences; Loss of Appointed Office For the purpose of this charter, 3 consecutive absences from meetings of a multiple member body shall be considered a reason for removal. Under such circumstances, the chair of the multiple member body may notify the appointing authority, which may, in accord with section 5- 1-1(B) remove the appointee and notify the town clerk in writing that the position has been vacated. SECTION 6 Cape Cod Regional Technical High School District School Committee and Other Regional Entities 5-6-1 Members of the Cape Cod regional technical high school district school committee shall be appointed or elected in accord with the regional school district agreement as it may be amended from time to time. 5-6-2 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -21- 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 15, 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 1 project, whether it be spent in 1 year or over several years. The town manager, in the town manager’s sole discretion, may appoint a committee to assist the town 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -22- (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. The select 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 5 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 by-law, 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 be available in the Brewster public library for public information. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -23- 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 7-2-1 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 by a charter commission elected under the general laws or 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 2/3 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. *** end of SPECIAL ACT SECTION 1 CHARTER Chapters 1-7*** SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -24- SPECIAL ACT 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 by-laws, 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. SPECIAL ACT 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. SPECIAL ACT 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. SPECIAL ACT 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. SPECIAL ACT 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. SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 2.26.21 -25- SPECIAL ACT SECTION 7. TRANSITION TO THE CHARTER To provide for the transition to reduce from 5 years to 4 years the terms of all planning board members, at the next regular election following at least 64 days after the effective date of this act, 1 planning board member shall be elected for a 1-year term, 1 planning board member shall be elected for a 2-year term, and the expiring term shall be placed on the ballot for a 4-year term. The expiring term will appear on the ballot with instructions to vote for 1; if the incumbent is running for the office, they shall have the words “candidate for re-election” next to their name. The 2-year term and the 1-year term will appear together on the ballot with instructions to voters to vote for 2, with the longer term going to the candidate with the most votes. In addition, following the effective date of this act, the term of the planning board member most recently elected shall be reduced from 5 years to 4 years. Thereafter, all planning board members shall be elected to alternating 4-year terms, with no more than 2 terms expiring each year. SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its passage. AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER1 Table of Contents SPECIAL ACT SECTION 1. CHARTER ....................................................................................2 CHAPTER 1 POWERS OF THE TOWN ............................................................2 CHAPTER 2 TOWN MEETINGS AND ELECTIONS .......................................3 CHAPTER 3 THE SELECT BOARD ..................................................................8 CHAPTER 4 TOWN MANAGEMENT ............................................................11 CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES .................15 CHAPTER 6 FINANCIAL PROVISIONS ........................................................19 CHAPTER 7 BY-LAWS AND CHARTER – ADOPTION, AMENDMENT AND PERIODIC REVIEW..........................................................................................21 SPECIAL ACT SECTION 2. CONTINUATION OF EXISTING LAWS ............................2122 SPECIAL ACT SECTION 3. CONTINUATION OF GOVERNMENT ..............................2122 SPECIAL ACT SECTION 4. CONTINUATION OF PERSONNEL ...................................2122 SPECIAL ACT SECTION 5. TRANSFER OF RECORDS AND PROPERTY ..................2122 SPECIAL ACT SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. ....................2122 SPECIAL ACT SECTION 7. TRANSITION .......................................................................2223 SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT ................................................2223 1 The text of the Charter itself appears in Special Act Section 1 and ends on page 21. The other sections of the special act, shown in italic text, will not appear in the Charter but will address the legal elements of the Town’s legal transition to the Charter form of government. Style Definition: Comment Text Formatted: Bottom: 0.81" Formatted: Tab stops: 6.38", Right,Leader: … + Not at 6" Formatted: Tab stops: 6.38", Right,Leader: … + Not at 6"COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -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: SPECIAL ACT SECTION 1. Notwithstanding any general or special law to the contrary, the following shall be the charter for the town of Brewster: Brewster Town Charter Preamble: We, the people of the Town of Brewster, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government, adopt this charter with the expectation and intent that the Charter will continue and enhance the town’s strong traditions of active voter participation; ethical, transparent and responsive leadership; wise use of public resources; respect for all in the community; and an engaged citizenry. We expect and intend that our government will be welcoming and inclusive and will promote equality and respect for all people. 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. COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -3- 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 one1 or more civil divisions, subdivisions or agencies of the commonwealth, other states or of the United States government. Formatted: Keep with next Formatted: Space After: 10 pt, Line spacing: Multiple 1.15 li COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -4- ChapterCHAPTER 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. upon recommendation of the select board. 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 Boardselect board, which meeting shall be an "annual town meeting" for purposes of the General Lawsgeneral laws; provided, however, that the Select Boardselect 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 citizen petitioned articles have been submitted pursuant to section 2-4 for inclusion on the warrant at said fall annual town meeting and notice of the select board's action with regard to such meeting shall be posted on the town'stown website and principal bulletin board. The select board's decision as to whether to hold a fall town meeting shall not prohibit the select board from calling for a special town meeting, from time to time, at its discretion. SECTION 3 Warrant 2-3-1 Town Meeting Warrants aA) Except for procedural matters, all subjects to be acted on by town meeting shall be placed on warrants issued by the Select Boardselect board. bB) The date of the closure of the warrant to petitioned articles shall be set by bylawby-law. 2-3-2 Posting A) In addition to any notice required by the General Lawsgeneral laws, the Select Boardselect board shall post the town meeting warrant in 5at the following locations in town: town hall and at least 1 location in each precinct, and make available sufficient copies of the warrant forat the town meeting for all registered voters. The Select Board in attendance. B) In addition, the select board shall, at least 1 week prior to the meeting, post the warrant for such meeting on the Towntown website, and make the same available at town hall, and as required by by-law or select board policy, at town facilities and other common locations throughout the town at least two 2 weeks prior to the town meeting; provided, however, that. However, 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. Formatted: Font: ItalicCOMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -5- SECTION 4 Citizen Petitions 2-4-1 Any 10 voters of the town may secure, by written petition to the Select Boardselect 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. 2-4-2 The Select Boardselect 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 as recommended by the select board; 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 Sectionsection 7 of Chapterchapter 92 of the Actsacts 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 Lawsgeneral 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 one1-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 Boardselect board shall appoint ana registered voter of the town as 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 COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -6- 2-7-1. Unless otherwise provided by bylawby-law, rules of procedure for the town meeting shall be in accord with “Town Meeting Time, A Handbook of Parliamentary Law” published by the Massachusetts Moderators Association, 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. 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 Electionannual 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 Electionannual election for the election of officers and such matters as are by law determined by ballot falls fewer than two2 weeks after the scheduled beginning of the Spring Annual Town Meetingspring annual town meeting, then the Annual Electionannual election shall be held on the fourth4th Tuesday in May. Notwithstanding any other provision of this paragraph, however, the Select Boardselect board may, delay the date of the Annual Electionannual election to another date in the same fiscal year if the Governor has declared a state of emergency to protect the public health or safety. Then the Annual Election shall be held on the fourth Tuesday in May, or any other Tuesday in May or June as determined by the Select Board after consultation with the Town Clerk. SECTION 11 Recall 2-11-1 Elected Officers May be Recalled 2-11-1 The registered voters of the town of Brewster shall, in accordance with any applicable laws, by-laws, voters of the town or intergovernmental agreement, elect the following, with members of multi-member bodies to be elected for overlapping terms: a) Moderator for a 3 year term; b) Select board of 5 members, each for a 3 year term; c) Brewster school committee of 5 members, each for a 3 year term; d) Representatives to the Nauset regional school district school committee, as the regional school agreement shall provide, and as it may be amended from time to time; Formatted: Keep with next Formatted: Font: Not Bold Formatted: Normal, Indent: Left: 0", First line: 0", Space Before: 0 pt, After: 0 pt, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Pattern: Clear (White) Formatted: Space After: 8 pt, Line spacing: Multiple 1.08 li Formatted: Font: Bold, Pattern: Clear (White) Formatted: Font: Bold, No underline, Pattern: Clear (White)COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -7- e) Board of health of 5 members, each for a 3 year term; f) Planning board of 7 members for 4 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 5 members, of which 3 shall be elected and 2 shall be appointed, in accordance with requirements of state law as it may be amended from time to time; 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 a town meeting or town election, provided, further, that the person holding such position shall conform to any reasonable regulations concerning such responsibilities as may, from time to time, be proposed by the chief of police and approved by the select board. SECTION 12 Recall of Elected Officers 2-12-1 Recall of Elected Officers Any holder of an elected office in the Towntown of Brewster may be recalled therefromfrom that office by the registered voters of the Town as hereinafter provided, for reason of lack of fitness, incompetence,reasons including but not limited to neglect of duties, corruption, malfeasance, misfeasance, or violation of oathmisconduct or inability to perform official duties; provided, however, that the question of whether the reasons stated for recall justify recall of a particular officer shall be determined solely by the voters. 2-11-2 A) Initiation of petition; submission; certification Any 25 registered voters of the Towntown of Brewster may initiate a recall petition by filing with the Town Clerktown 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 Clerktown clerk shall thereupon make available to said lead petitioner copies of petition blanks demanding such recall, printed copies of which the Town Clerktown clerk shall keep available. Such blanks shall be issued by the Town Clerktown clerk under the Towntown seal, and be dated, be addressed to the Select Boardselect 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 Clerktown clerk. Said recall petition shall be returned and filed with the Town Clerktown clerk within 20 days after notification by the Town Clerktown 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 Towntown as of the last regular election, who shall add to their signatures the street and number, if any, of their residence. The Town Clerktown clerk shall within one1 working day of COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -8- receipt submit the petition to the Registrarsregistrars of Votersvoters in the Towntown, and the Registrarsregistrars shall within 5 working days certify thereon the number of signatures which are names of registered voters of the Towntown. 2-11-3B) Delivery to officer; order of electionrecall proceedings If the petition shall be found, and certified by the Town Clerktown clerk and Boardboard of Registrarsregistrars to be sufficient, the Town Clerktown clerk shall submit the same with the Town Clerk'stown clerk's certificate to the Select Boardselect board within three3 working days, and the Select Boardselect 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 Boardselect board shall 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'stown clerk's certificate that a sufficient petition has been filed; provided, however, that if any other Towntown election is to occur within 100 days after the date of certification, the Select Boardselect board shall postpone the holdingsubmission of the question of 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 C) Conduct of ElectionRecall An officer sought to be removed may be a candidate to succeed themselves and unless they request otherwise in writing, the Town Clerktown 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. 2-11-5D) Action upon completion of electionrecall The incumbent shall continue to perform the duties of the office until the question of recall electionhas been acted upon by the voters. If then re-elected, theythe officer shall continue in office for the remainder of their unexpired term subject to recall as before, except as provided in this Chartercharter. If not re-elected in the recall election, they shall be deemed removed upon the qualification of; their successor, who shall hold office duringserve the remainder of the unexpired term. IfProvided however, if the successor fails to qualify within 10 days after receiving notification of their election, the incumbentoffice shall thereupon be deemed removed and the office vacant. 2-11-6E) Ballots to be used A. (1) Ballots used in afor recall election shall submit the following propositions in the order indicated: Formatted: Normal, No bullets or numbering, Tab stops: 0.25", Left + 0.38", Left Formatted: Tab stops: 0.25", Left + 0.38", LeftCOMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -9- (1) For the recall of (name and title of officer). (2) Against the recall of (name and title of officer). B.ii) Under the propositions shall appear the word "Candidates," the directions to the voters required by MGLG.L. 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 elected. If a majority of the votes on the question is in the negative, the ballots for candidates shall not be counted. 2-11-7F) 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 six6 months after the election at which their recall was submitted to the voters of the Towntown. G) Limits on appointments after filing of recall petition 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 two2 years after such recall or such resignation. COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -10- CHAPTER 3. THE SELECT BOARD SECTION 1 Composition, Compensation and Vacancies 3-1-1 There shall be a Select Boardselect board consisting of five5 members elected for three3- year overlapping terms. The Boardboard collectively shall serve as the executive branch of Town Governmenttown government. For purposes of the Massachusetts general laws and regulations, any special laws applicable to the Towntown of Brewster, as well any local law or regulations, the “Select Boardselect board” referred to hereunder shall have all the powers, duties and responsibilities of a Boardboard of Selectmenselectmen. 3-1-2 A chair, vice-chair and clerk shall be elected by the Select Boardselect board at the first meeting following each regular town election. 3-1-3 Three Select Board A quorum of the select board shall be 3 members shall constitute a quorum. 3-1-4 Each member of the Select Boardselect board may receive an annual stipend as set forth in the Brewster Bylawsby-laws, subject to appropriation by Town Meetingtown meeting. 3-1-5 If a member of the Select Boardselect 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 Lawsgeneral laws. SECTION 2 General Powers and Responsibilities 3-2-1 The Select Boardselect board shall exercise the powers and duties prescribed by the Massachusetts General Lawsgeneral laws, this Chartercharter, and the Brewster General Bylaws.general by-laws. The Select Boardselect board may delegate powers and duties to the Towntown manager or to another Town Boardtown board. The Select Boardselect board shall enforce the laws and orders of the Towntown, including this Chartercharter. 3-2-2 The Select Boardselect board shall be the primary policy-making, planning, and goal- setting agency of the Towntown; 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 Boardselect board, following the development of the proposed budget by the Towntown 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 Meetingannual town meeting. 3-2-4 The Select Boardselect board shall protect the assets of the Towntown. COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -11- 3-2-5 The Select Boardselect board shall approve all collective bargaining agreements of the Towntown negotiated by the Towntown manager, consistent with the provisions of G.L. c.150E as it may be amended from time to time. 3-2-6 The Select Boardselect board shall, no less than one1 time per year, meet jointly with the Finance Committeefinance committee, the Brewster School Committeeschool committee, the Regional School CommitteeNauset regional school district school committee, and the Cape Cod Technical School Committeeregional technical high school district school committee, or their respective designees, for the purpose of sharing information. 3-2-7 The Select Boardselect board shall be the licensing authority of the Towntown 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 Boardboard may, at its discretion, delegate responsibility to the town manager or a board created for such purposes for issuance and enforcement of one1 or more licenses. 3-2-8 The Select Boardselect board shall ensure that the Brewster General Bylawsgeneral by- laws are kept current. 3-2-9 The Select Boardselect board shall be responsible to ensure that the Towntown manager complies with the Chartercharter. 3-2-10 The select board shall approve all personnel policies proposed by the town manager in accordance with section 4-1-4(K). SECTION 3 Written Records and Communication to the Town 3-3-1 Any goal, policy, plan, or official act adopted by the Select Boardselect board shall be in writing and included in its entirety in the minutes of the Meetingmeeting at which it was adopted. The Towntown manager shall ensure that a file containing a complete list of the Select Board’sselect board’s current policies and goals beis posted on the Town’stown website for public reference. The Select Boardselect board shall designate to the Towntown manager the publishing of an Annual Town Reportannual town report for each calendar year. 3-3-2 Before JulyAugust 31 and after the Annual Town Electionannual town election, the Select Boardselect board shall hold a Meetingmeeting for the purpose of stating the Board'sboard'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 Boardselect board shall select, and enter into a contract with, a Towntown manager. If the Towntown manager position becomes vacant for any reason, the Select Boardselect board shall designate a qualified person to serve in an acting capacity. COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -12- 3-4-2 The Select Boardselect board shall appoint, following consultation with the Towntown manager, the Fire Chief, Police Chieffire chief, police chief, and Town Counseltown counsel. 3-4-3 The Select Boardselect board shall appoint members of all boards, committees and commissionsmultiple member bodies, 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. 3-4-4 The Select Boardselect board may appoint ad hoc committees as it deems necessary or appropriate. 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, except when the select board is conducting an investigation of the town manager under section 3- 5-1, in which case such employee shall contact the select board chair. 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 select board. 3-6-4 The select board shall represent the town for all ceremonial purposes. SECTION 7 Code of Conduct COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -13- The 3-4-5 The Select Boardselect 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, and, further, that any additional code of conduct adopted by another board shall be no less restrictive. Any code of conduct adopted by a board shall be posted in its office and on the town website. 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. COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -14- CHAPTER 3-6-4 The Select Board shall represent the Town for all ceremonial purposes. COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -15- Chapter 4 TOWN ADMINISTRATION MANAGEMENT SECTION 1 Town manager 4-1-1 Appointments and Qualifications The select board shall by majority vote of the entire select 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-thirds2/3 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 Meetingtown 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.consistent with the provisions of G.L. c.41, §108N. 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 select 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 Lawsgeneral 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 Brewster school department, provided, however, that the town manager shall: i. Act upon recommendations from the Police Chiefpolice chief and the Fire Chieffire chief respectively, for appointment of employees of the Policepolice and Fire Departments:fire departments; COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -16- ii. Consult with appropriate department head or multiple-member body for appointment of employees of other departments or multiple-member bodies. (B) supervise, discipline, suspend or remove all appointed department heads and employees and organize and structure all town departments accordingly;, except as otherwise provided in section 4-3; (C) administer and enforce the General Lawsgeneral 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 manager; (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 select 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 Boardselect board under section 3-2- 10 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 Brewster school department. The town manager may, subject to the approval of the select board, employ special counsel to COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -17- 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; (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; (QP) investigate or inquire into the affairs of any town department or office; (RQ) 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; (SR) delegate, authorize or direct any subordinate or employee in the town, including an assistant town manager if any, and subject to funding therefor, 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 (TS) 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.; provided, however, that if there is an assistant town manager serving at the time of any such absence, such person may function as the acting town manager. In the event of long-term disability or absence exceeding two weeks14 days, or the resignation, termination or vacancy in the office of town manager, the select board shall forthwith, and no later than 14 days thereafter, 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 COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -18- 4-2-1 The select 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 select 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 select board deems 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. Section 3 Other Departments 4-3-1 Fire Department. Except as otherwise provided in this charter, there Formatted: Font: Not Bold Formatted: Space After: 10 pt, Line spacing: Multiple 1.15 li Formatted: Font: Bold COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -19- CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES shall be a fire department consistent with the provisions of G.L. c.48, §§42, 43, and 44. The fire chief shall have responsibility for the day-to-day supervision of firefighters and the fire department. The fire chief shall have additional authority to place a firefighter on administrative leave with pay, or discipline or suspend a firefighter, for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such suspension. When the town manager intends to take action under section 4-1(B) with respect to subordinate members of the fire department, the town manager first shall consult with the fire chief. 4-3-2 Police Department. Except as otherwise provided in this charter, there shall be a police department consistent with the provisions of G.L. c.41, §97A. The police chief shall have responsibility for the day-to-day supervision of subordinate police officers and the police department. The police chief shall have additional authority to place a police officer on administrative leave with pay, or discipline or suspend a police officer for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such suspension. When the town manager intends to takes action under section 4-1(B) with respect to subordinate members of the police department, the town manager first shall consult with the police chief. 4-3-3 Water Department. A. Department. There shall be a water department under the supervision of a water superintendent. The department shall have all of the powers, rights and duties to be exercised by a water commission under the general and special laws, except as otherwise provided herein. The water superintendent shall be responsible for the efficient exercise, performance and coordination of the department. Any exercise by the department of the authority of water commissioners with respect to acquisition or disposition of land must first be approved by the select board. The superintendent shall provide the town a bond, with a surety company authorized to transact business in the commonwealth, as surety for the faithful performance of the superintendent, in such sum and upon such conditions as the town administrator shall require. The superintendent shall report to the town administrator as to the doings of the office at such times as the administrator may require. B. Superintendent. The water superintendent shall supervise and direct the operations and employees of the department in accordance with the town’s personnel by-law and any applicable collective bargaining agreements. The water superintendent shall be especially qualified by education, training and experience to perform the duties of the office and shall have such other qualifications as may be required from time to time. While employed by the town, the water superintendent shall not engage in a business or occupation falling within the jurisdiction of the water department, unless approved in advance by the town manager with the concurrence of the select board. Unless specifically provided in State law, the water superintendent 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 COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -20- prohibited by this provision. The water superintendent need not be a resident of the town during their tenure. C. Water Commission. There shall be a water commission of 3 members appointed by the select board for alternating, overlapping 3 year terms. Said commission shall be responsible for setting water rates and providing advice and support to the superintendent with respect to other policy matters on which it is consulted and which fall with the jurisdiction of the water department. The Water Commission shall recommend priorities and policies to govern the provision of water in the town, and, with the concurrence of the water superintendent, shall be authorized to adopt policies and regulations to carry out the same. 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 Formatted: Space After: 10 pt, Line spacing: Multiple 1.15 li Formatted: Font: BoldCOMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -21- CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES SECTION 1 Appointed Boards and Committees 5-2-1 -1 General Authority (A) AdditionalIn addition to any boards and committees specified in this charter, boards and committees may be created by adoption of bylawsby-laws, votes of town meeting, or votes of the Select Boardselect 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 Clerktown clerk and, within 10 business days of their creation, posted on the town website. (B) Notwithstanding any other provision of this charter or general laws to the contrary, any person so appointed to a multiple member body may be removed by thetheir respective appointing authority, following written notice and the opportunity for a public hearing. 5-2-2 Committee Charge ; 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, however, that failure to reappoint 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 expiration of 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 vacantterm shall not constitute removal. SECTION 32 Moderator Appointments Formatted: Font: Bold Formatted: Font: Not Italic, Not HighlightCOMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -22- 5-32-1 Power to appoint The moderator shall have the power to appoint members of those boards and commissions authorized under this chapter, bylaw, orby-law, vote of town meeting, or regional school district agreement. 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. -2 Finance Committee. (A) Establishment; membership. There shall be a Finance Committeefinance committee appointed by the Town Moderatortown moderator consisting of nine9 residents of the Towntown who shall serve without pay and who shall hold no other Towntown office or employment, each of whom shall serve a three3 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 Committeecommittee shall be filled by the Moderatormoderator for the remainder of the original term. A member of the finance committee 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. (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 Towntown website, and in any other manner it deems appropriate. Following the drawing up of the warrant for a town meeting, the Select Boardselect board shall forthwith forward the same to the members of the finance committee. The finance committee shall annually prepare for the annual town meeting a comprehensive summary of the current condition of the Town’stown’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 and/or accounts of any department of the town. The finance committee, 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 finance committee nor its individual members shall give direct orders to any such employee. (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 3 Alternate Members of Certain Multiple-Member bodies 5-43-1 Alternate Members of Certain Elected Boards The select board, following consultation with a board elected under Section 5-1section 2-11- 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 COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -23- appointment for the remainder of the unexpired term. 5-43-2 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 serveboards addressed by sections 5-1-1(A) and 5- 2-1 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 5-5SECTION 4 General Provisions Applicable to Multiple Member Bodies 5-4-1 Members of the Cape Cod Technical School Committee Charge Except as otherwise provided in this charter, each multiple member body set forth or authorized in Sections 5-1-1(A) and 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 herein. 5-4-2 Organization and Report Each multiple member body shall elect a chair, vice chair and clerk, and shall cause the select board and the town clerk to be notified of its selection. Such organization shall be taken up at the first meeting after the election for all elected boards, at the first meeting after annual appointments are made, or the first meeting of a new board or committee. All boards and committees created under chapter 5 of this charter, or pursuant to a by-law, shall make a written annual report of their activities to the select board in accordance with section 3-3-1. 5-4-3 Resignation A resignation of any elected town officer under section 2-11-1, or any appointed or elected multiple member created by this charter or by by-law under section 5-1-1(A) or 5-2-1, shall be deemed effective when such resignation is filed with the town clerk or at such later time certain as may be specified in such filed resignation. 5-4-4 Excessive Absences; Loss of Appointed Office For the purpose of this charter, 3 consecutive absences from meetings of a multiple member body shall be considered a reason for removal. Under such circumstances, the chair of the multiple member body may notify the appointing authority, which may, in accord with the Formatted: Font: Bold COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -24- section 5-1-1(B) remove the appointee and notify the town clerk in writing that the position has been vacated. SECTION 6 Cape Cod Regional Technical High School District AgreementSchool Committee and Other Regional Entities 5-6-1 Members of the Cape Cod regional technical high school district school committee shall be appointed or elected in accord with the regional school district agreement as it may be amended from time to time. 5-56-2 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. Formatted: Font: Bold Formatted: Font: Bold COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -25- Chapter COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -26- 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 115, 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 Managertown 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 Boardselect board from time to time, for any one1 project, whether it be spent in one1 year or over several years. The Town Managertown manager, in the Manager’stown manager’s sole discretion, may appoint a committee to assist the Managertown manager with preparation of the plan. COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -27- 6-4-2. Contents of plan. (A) The plan shall include all Towntown activities and departments. Proposed capital expenditures for regional entities shall be consistent with the regional or intermunicipal agreement establishing such entities. (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 Boardselect board by February 1 of each year. (B) The Select Boardselect board shall, after providing 7 days-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. SaidThe select board shall make the plan available for public inspection. 6-4-4. Submission to Town Meeting. The Select Boardselect board shall prepare and submit to every Annual Town Meetingannual town meeting a summary of the capital expenditure plan, identifying all proposed capital expenditures for the next five5 years estimated to cost $100,000 or more, or such other amount as the Select Boardselect 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 bylawby-law, 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 be available in the Brewster public library for public information. Formatted: Keep with next COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -28- 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 Lawsgeneral laws and this Chartercharter. 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,general laws or proposed pursuant to special legislation as otherwise authorized by the Massachusetts constitution. 7-2-2. 7-2-2 Minor Amendments. Amendments to the charter relating to other matters may be proposed by a two-thirds2/3 vote at a duly called town meeting under the General Lawsgeneral 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 Chartercharter begins 5 years after the by-law review provided for under Sectionsection 7-1- 3 to review the Town Chartertown charter and provide recommendations, if any, to a subsequent town meeting with respect to such review. Formatted: Font color: Auto Formatted: Font: Not Bold COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -29- *** end of SPECIAL ACT SECTION 1 CHARTER Chapters 1-7*** COMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -30- SPECIAL ACT 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 bylawsby-laws, 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. SPECIAL ACT 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. SPECIAL ACT 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. SPECIAL ACT 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. SPECIAL ACT 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. Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: ItalicCOMPARISON NOV 2020 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 11.13.20202.26.21 -31- SPECIAL ACT SECTION 7. TRANSITION TO THE CHARTER This will be prepared at a later date in order to address any transitional language that might be needed. To provide for the transition to reduce from 5 years to 4 years the terms of all planning board members, at the next regular election following at least 64 days after the effective date of this act, 1 planning board member shall be elected for a 1-year term, 1 planning board member shall be elected for a 2-year term, and the expiring term shall be placed on the ballot for a 4-year term. The expiring term will appear on the ballot with instructions to vote for 1; if the incumbent is running for the office, they shall have the words “candidate for re-election” next to their name. The 2-year term and the 1-year term will appear together on the ballot with instructions to voters to vote for 2, with the longer term going to the candidate with the most votes. In addition, following the effective date of this act, the term of the planning board member most recently elected shall be reduced from 5 years to 4 years. Thereafter, all planning board members shall be elected to alternating 4-year terms, with no more than 2 terms expiring each year. SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its passage. Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic COMPARISON NOV 2020 TO FEB 2021 AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER1 Table of Contents SPECIAL ACT SECTION 1. CHARTER ....................................................................................2 CHAPTER 1 POWERS OF THE TOWN ............................................................2 CHAPTER 2 TOWN MEETINGS AND ELECTIONS .......................................3 CHAPTER 3 THE SELECT BOARD ..................................................................8 CHAPTER 4 TOWN MANAGEMENT ............................................................11 CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES .................15 CHAPTER 6 FINANCIAL PROVISIONS ........................................................19 CHAPTER 7 BY-LAWS AND CHARTER – ADOPTION, AMENDMENT AND PERIODIC REVIEW ................................................................................21 SPECIAL ACT SECTION 2. CONTINUATION OF EXISTING LAWS ................................22 SPECIAL ACT SECTION 3. CONTINUATION OF GOVERNMENT ..................................22 SPECIAL ACT SECTION 4. CONTINUATION OF PERSONNEL .......................................22 SPECIAL ACT SECTION 5. TRANSFER OF RECORDS AND PROPERTY ......................22 SPECIAL ACT SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. ........................22 SPECIAL ACT SECTION 7. TRANSITION ...........................................................................23 SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT ....................................................23 1 The text of the Charter itself appears in Special Act Section 1 and ends on page 21. The other sections of the special act, shown in italic text, will not appear in the Charter but will address the legal elements of the Town’s legal transition to the Charter form of government. Style Definition: Comment Text COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -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: SPECIAL ACT SECTION 1. Notwithstanding any general or special law to the contrary, the following shall be the charter for the town of Brewster: Brewster Town Charter Preamble: We, the people of the Town of Brewster, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government, adopt this charter with the expectation and intent that the Charter will continue and enhance the town’s strong traditions of active voter participation; ethical, transparent and responsive leadership; wise use of public resources; respect for all in the community; and an engaged citizenry. We expect and intend that our government will be welcoming and inclusive and will promote equality and respect for all people. 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. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -3- 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 1 or more civil divisions, subdivisions or agencies of the commonwealth, other states or of the United States government. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -4- 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 upon recommendation of the select board. 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 citizen petitioned articles submitted pursuant to section 2-4 for inclusion on the warrant at said fall annual town meeting and notice of the select board's action with regard to such meeting shall be posted on the town website and principal bulletin board. The select board's decision as to whether to hold a fall town meeting shall not prohibit the select 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 by-law. 2-3-2 Posting A) In addition to any notice required by the general laws, the select board shall post the town meeting warrant at the following locations: town hall and at least 1 location in 4 other locations in towneach precinct, and make available sufficient copies of the warrant at the town meeting for all registered voters in attendance. B) In addition, the select board shall, at least 1 week prior to the meeting, post the warrant for such meeting on the town website, and make the same available at town hall, and as required by by-law or select board policy, at town facilities and other common locations throughout the town. However, 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. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -5- 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. 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 as recommended by the select board; 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. 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 1-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 a registered voter of the town as 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 by-law, rules of procedure for the town meeting shall be in accord with “Town Meeting Time, A Handbook of Parliamentary Law” published by the Massachusetts Moderators Association, 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. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -6- 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 2 weeks after the scheduled beginning of the spring annual town meeting, then the annual election shall be held on the 4th Tuesday in May. Notwithstanding any other provision of this paragraph, however, the select board may delay the date of the annual election to another date in the same fiscal year if the Governor has declared a state of emergency to protect the public health or safety. Then the Annual Election shall be held on the fourth Tuesday in May, or any other Tuesday in May or June as determined by the Select Board after consultation with the Town Clerk. SECTION 11 Elected Officers 2-11-1 The registered voters of the town of Brewster shall, in accordance with any applicable laws, by-laws, voters of the town or intergovernmental agreement, elect the following, with members of multi-member bodies to be elected for overlapping terms: a) Moderator for a 3 year term; b) Select board of 5 members, each for a 3 year term; c) Brewster school committee of 5 members, each for a 3 year term; d) Representatives to the Nauset regional school district school committee, as the regional school agreement shall provide, and as it may be amended from time to time; e) Board of health of 5 members, each for a 3 year term; f) Planning board of 7 members for 4 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 5 members, of which 3 shall be elected and 2 shall be appointed, in accordance with requirements of state law as it may be amended from time to time; and COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -7- (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 a town meeting or town election, provided, further, that the person holding such position shall conform to any reasonable regulations concerning such responsibilities as may, from time to time, be proposed by the chief of police and approved by the select board. SECTION 12 Recall of Elected Officers 2-12-1 Recall of Elected Officers Any holder of an elected office in the town of Brewster may be recalled from that office by the registered voters of the Town as hereinafter provided, for reasons including but not limited to neglect of duties, malfeasance, misconduct or inability to perform official duties; provided, however, that the question of whether the reasons stated for recall justify recall of a particular officer shall be determined solely by the voters. A) 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 1 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. B) Delivery to officer; order of recall proceedings 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 3 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 shall 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 submission of the question of recall to the date of such other election. No person shall be subject to recall if their term of COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -8- 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. C) Conduct of Recall 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. D) Action upon completion of recall The incumbent shall continue to perform the duties of the office until the question of recall has been acted upon by the voters. If then re-elected, the officer 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, they shall be deemed removed upon the qualification of; their successor, who shall hold office duringserve the remainder of the unexpired term. IfProvided however, if the successor fails to qualify within 10 days after receiving notification of their election, the incumbentoffice shall thereupon be deemed removed and the office vacant. E) Ballots to be used (1) Ballots used for recall shall submit the following propositions in the order indicated: For the recall of (name and title of officer). Against the recall of (name and title of officer). ii) Under the propositions shall appear the word "Candidates," the directions to the voters required by .G.L. 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 elected. If a majority of the votes on the question is in the negative, the ballots for candidates shall not be counted. F) 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 6 months after the election at which their recall was submitted to the voters of the town. G) Limits on appointments after filing of recall petition COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -9- 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 2 years after such recall or such resignation. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -10- CHAPTER 3 THE SELECT BOARD SECTION 1 Composition, Compensation and Vacancies 3-1-1 There shall be a select board consisting of 5 members elected for 3-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 A quorum of the select board shall be 3 members. 3-1-4 Each member of the select board may receive an annual stipend as set forth in the Brewster by-laws, 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 by-laws. 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. 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. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -11- 3-2-6 The select board shall, no less than 1 time per year, meet jointly with the finance committee, the Brewster school committee, the Nauset regional school district school committee, and the Cape Cod regional technical high school district 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 1 or more licenses. 3-2-8 The select board shall ensure that the Brewster general by-laws are kept current. 3-2-9 The select board shall be responsible to ensure that the town manager complies with the charter. 3-2-10 The select board shall approve all personnel policies proposed by the town manager in accordance with section 4-1-4(K). 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 is posted on the town 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 August 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 multiple member bodies, except as otherwise provided in this charter. 3-4-4 The select board may appoint ad hoc committees as it deems necessary or appropriate. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -12- 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, except when the select board is conducting an investigation of the town manager under section 3- 5-1, in which case such employee shall contact the select board chair. 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 select board. 3-6-4 The select board shall represent the town for all ceremonial purposes. SECTION 7 Code of Conduct 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, and, further, that any additional code of conduct adopted by another board shall be no less restrictive. Any code of conduct adopted by a board shall be posted in its office and on the town website. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -13- CHAPTER 4 TOWN MANAGEMENT SECTION 1 Town manager 4-1-1 Appointments and Qualifications The select board shall by majority vote of the entire select 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 2/3 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 consistent with the provisions of G.L. c.41, §108N. 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 select 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 Brewster 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. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -14- B) supervise, discipline, suspend or remove all appointed department heads and employees and organize and structure all town departments accordingly, except as otherwise provided in section 4-3; 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 manager; 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 select 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 under section 3-2-10 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 Brewster 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; COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -15- 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) investigate or inquire into the affairs of any town department or office; Q) 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; R) delegate, authorize or direct any subordinate or employee in the town, including an assistant town manager if any, and subject to funding therefor, 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 S) 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; provided, however, that if there is an assistant town manager serving at the time of any such absence, such person may function as the acting town manager. In the event of long-term disability or absence exceeding 2 weeks14 days, or the resignation, termination or vacancy in the office of town manager, the select board shall forthwith, and no later than 14 days thereafter, 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 select 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 select 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 select board deems 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 COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -16- 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. Section 3 Other Departments 4-3-1 Fire Department. Except as otherwise provided in this charter, there shall be a fire department consistent with the provisions of G.L. c.48, §§42, 43, and 44. The fire chief shall have responsibility for the day-to-day supervision of firefighters and the fire department. The fire chief shall have additional authority to place a firefighter on administrative leave with pay, or discipline or suspend firefightersa firefighter, for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such discipline or suspension. When the town manager intends to take action under section 4-1(B) with respect to subordinate members of the fire department, the town manager first shall consult with the fire chief. 4-3-2 Police Department. Except as otherwise provided in this charter, there shall be a police department consistent with the provisions of G.L. c.41, §97A. The police chief shall have responsibility for the day-to-day supervision of subordinate police officers and the police department. The police chief shall have additional authority to place a police officer on administrative leave with pay, or discipline or suspend a police officer for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such discipline or suspension. When the town manager intends to takes action under section 4- 1(B) with respect to subordinate members of the police department, the town manager first shall consult with the police chief. 4-3-3 Water Department. A. Department. There shall be a water department under the supervision of a water superintendent. The department shall have all of the powers, rights and duties to be exercised by a water commission under the general and special laws, except as otherwise provided herein. The water superintendent shall be responsible for the efficient exercise, performance and coordination of the department. Any exercise by the department of the authority of water commissioners with respect to acquisition or disposition of land must first be approved by the select board. The superintendent shall provide the town a bond, with a surety company authorized to transact business in the commonwealth, as surety for the faithful performance of the superintendent, in such sum and upon such conditions as the town administrator shall require. The superintendent shall report to the town administrator as to the doings of the office at such times as the administrator may require. B. Superintendent. The water superintendent shall supervise and direct the operations and employees of the department in accordance with the town’s personnel by-law and any applicable collective bargaining agreements. The water superintendent shall be especially qualified by education, training and experience to perform the duties of the office and shall have such other qualifications as may be required from time to time. While employed by the town, the water Formatted: Font: Not Bold COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -17- superintendent shall not engage in a business or occupation falling within the jurisdiction of the water department, unless approved in advance by the town manager with the concurrence of the select board. Unless specifically provided in State law, the water superintendent 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. The water superintendent need not be a resident of the town during their tenure. C. Water Commission. There shall be a water commission of 3 members appointed by the select board for alternating, overlapping 3 year terms. Said commission shall be responsible for setting water rates and providing advice and support to the superintendent with respect to other policy matters on which it is consulted and which fall with the jurisdiction of the water department. The Water Commission shall recommend priorities and policies to govern the provision of water in the town, and, with the concurrence of the water superintendent, shall be authorized to adopt policies and regulations to carry out the same. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -18- CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES SECTION 1 Appointed Boards and Committees 5-1-1 General Authority A) In addition to any boards and committees specified in this charter, boards and committees may be created by adoption of by-laws, 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. and, within 10 business days of their creation, posted on the town website. B) Notwithstanding any other provision of this charter or general laws to the contrary, any person appointed to a multiple member body may be removed by their respective appointing authority, following written notice and the opportunity for a public hearing; provided, however, that failure to reappoint following the expiration of an appointed term shall not constitute removal. SECTION 2 Moderator Appointments 5-2-1 Power to appoint The moderator shall have the power to appoint members of those boards and commissions authorized under this chapter, by-law, vote of town meeting, and/or Nauset regional school district agreement. 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. 5-2-2 Finance Committee A) Establishment; membership. There shall be a finance committee appointed by the town moderator consisting of 9 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 3 year term beginning on July 1 and terminating on June 30 of the third year following appointment. Vacancies on the committee shall be filled by the moderator for the remainder of the original term. A member of the finance committee 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. 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 committee. The finance committee shall annually prepare for the annual town meeting a comprehensive summary COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -19- 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 and/or accounts of any department of the town. The finance committee, 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 finance committee nor its individual members shall give direct orders to any such employee. SECTION 3 Alternate Members of Certain Multiple-Member bodies 5-3-1 Alternate Members of Certain Elected Boards The select board, following consultation with a board elected under section 2-11-1(C), (E), (F), (G) or (H), 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. 5-3-2 Alternate Members of Appointed Boards The appointing authority may appoint not more than 2 alternate members to boards addressed by sections 5-1-1(A) and 5-2-1 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 4 General Provisions Applicable to Multiple Member Bodies 5-4-1 Charge Except as otherwise provided in this charter, each multiple member body set forth or authorized in Sections 5-1-1(A) and 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 herein. 5-4-2 Organization and Report Each multiple member body shall elect a chair, vice chair and clerk, and shall cause the select board and the town clerk to be notified of its selection. Such organization shall be taken up at the first meeting after the election for all elected boards, at the first meeting after annual appointments are made, or the first meeting of a new board or committee. All boards and committees created under chapter 5 of this charter, or pursuant to a by-law, shall make a written annual report of their activities to the select board in accordance with section 3-3-1. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -20- 5-4-3 Resignation A resignation of any elected town officer under section 2-11-1, or any appointed multiple member created by this charter or by by-law under section 5-1-1(A) or 5-2-1, shall be deemed effective when such resignation is filed with the town clerk or at such later time certain as may be specified in such filed resignation. 5-4-4 Excessive Absences; Loss of Appointed Office For the purpose of this charter, 3 consecutive absences from meetings of a multiple member body shall be considered a reason for removal. Under such circumstances, the chair of the multiple member body shallmay notify the appointing authority, which may, in accord with section 5-1-2,1(B) remove the appointee and notify the town clerk in writing that the position has been vacated. SECTION 6 CAPE COD REGIONAL TECHNICAL HIGH SCHOOL DISTRICT SCHOOL COMMITTEE AND OTHER REGIONAL ENTITIES SECTION 6 Cape Cod Regional Technical High School District School Committee and Other Regional Entities 5-6-1 Members of the Cape Cod regional technical high school district school committee shall be appointed or elected in accord with the regional school district agreement as it may be amended from time to time. 5-6-2 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. SECTION 7 Water Commission [STILL TO BE ADDRESSED] Formatted: Space After: 10 pt, Line spacing: Multiple 1.15 li COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -21- 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 15, 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 1 project, whether it be spent in 1 year or over several years. The town manager, in the town manager’s sole discretion, may appoint a committee to assist the town 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. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -22- (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. The select 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 5 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 by-law, 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 be available in the Brewster public library for public information. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -23- 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 7-2-1 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 by a charter commission elected under the general laws or 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 2/3 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. *** end of SPECIAL ACT SECTION 1 CHARTER Chapters 1-7*** COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -24- SPECIAL ACT 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 by-laws, 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. SPECIAL ACT 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. SPECIAL ACT 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. SPECIAL ACT 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. SPECIAL ACT 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. COMPARISON JAN 2021 TO FEB 2021 SPECIAL LEGISLATION FOR TOWN OF BREWSTER Dated 1.222.26.21 -25- SPECIAL ACT SECTION 7. TRANSITION TO THE CHARTER [This will be prepared at a later date in order to address any transitional language that might be needed.] To provide for the transition to reduce from 5 years to 4 years the terms of all planning board members, at the next regular election following at least 64 days after the effective date of this act, 1 planning board member shall be elected for a 1-year term, 1 planning board member shall be elected for a 2-year term, and the expiring term shall be placed on the ballot for a 4-year term. The expiring term will appear on the ballot with instructions to vote for 1; if the incumbent is running for the office, they shall have the words “candidate for re-election” next to their name. The 2-year term and the 1-year term will appear together on the ballot with instructions to voters to vote for 2, with the longer term going to the candidate with the most votes. In addition, following the effective date of this act, the term of the planning board member most recently elected shall be reduced from 5 years to 4 years. Thereafter, all planning board members shall be elected to alternating 4-year terms, with no more than 2 terms expiring each year. SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its passage. COMPARISON JAN 2021 TO FEB 2021 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Discussion on Development of New Select Board Financial Policy on Allocation of Short-term Rental Revenues DATE: February 26, 2021 One of the priority goals of the Select Board’s Strategic Plan over the past two years has been to establish a permanent funding mechanism for the Affordable Housing Trust. One such mechanism that was presented to and supported by the Board last year is directing a portion of funds from short-term rental revenues for this purpose and including a corresponding line item in the Town’s operating budget. Consistent with this approach, our original recommendation for the FY21 operating budget included an appropriation of $250k to the Affordable Housing Trust, 50% of our preliminary local short-term rental revenues. In addition, we planned to seek Town Meeting’s approval to appropriate another $150k in Free Cash to the Trust last year. At the same time, we also recommended appropriating a total of $500k to the Capital Stabilization Fund through a combination of the FY21 operating budget and Free Cash reserves. Incrementally investing in this fund when we have the capacity to do so will help mitigate the need for tax rate increases and/or issuance of debt for future large capital projects. In total, we sought to appropriate $900k to these two funds at the 2020 Annual Town Meeting. In the early days of the pandemic, facing tremendous financial uncertainty, we made a series of changes to our operating and capital budget recommendations. Instead of making any appropriations to those funds, we choose to recommend appropriating $1M in Free Cash and another $200k in the FY21 operating budget to our General Stabilization fund. At the time, this reserve fund had a balance of just over $2.5M, slightly above our target levels set by last year’s Financial Reserves policy and consistent with best practices in financial management. The appropriations made to this fund this past September brought the fund balance to its current $3,739,218 level. When we made this policy decision this past summer, we acknowledged (even referencing it in the warrant article commentary) that state law temporarily granted authority to the Select Board in FY21 to make appropriations from the General Stabilization Fund by a 2/3 majority vote. Such appropriations are typically only Office of: Select Board Town Administrator permitted to be made by Town Meeting but the state recognized the incredibly dynamic environment we would be operating in throughout the course of this fiscal year and so provided municipalities with this flexibility. Now that we have a more clear understanding of the impact of the pandemic on our local economy and having fared better than originally expected, we are now recommending that the Select Board appropriate a total of $750k from General Stabilization to the Affordable Housing Trust ($250k) and the Capital Stabilization Fund ($500k). Our General Stabilization fund balance after these appropriations are made would be just under $3M, still well above the target amount outlined in our Financial Reserves policy. At Town Meeting this spring, we plan to recommend appropriating another $150k in Free Cash to Affordable Housing Trust. These combined appropriations would reflect a return to our original, pre-pandemic plan for these two funds from last spring. In addition, the FY22 operating budget includes appropriations of $250k to the Affordable Housing Trust and $200k to the Capital Stabilization Fund. Our FY22 operating budget projects $500k in short-term rental revenues. Next fall, we may want to revisit whether we should make any additional appropriations from the General Stabilization Fund to Capital Stabilization. At that time, unless the state takes further action, Town Meeting approval would be required to make any such appropriation. Town of Brewster Financial Policies FINANCIAL RESERVES PURPOSE To help the Town stabilize finances and maintain operations during difficult economic periods, this policy establishes prudent practices for appropriating to and expending reserve funds. To best plan for long-term financial sustainability, Brewster can use its reserves to finance emergencies and other unforeseen needs, to hold money for specific future purposes, or, in very limited instances, to serve as revenue sources for the annual budget. Reserve balances and related policies can also positively impact the Town’s credit rating and consequently its long-term cost to fund major capital projects. APPLICABILITY This policy pertains to the short- and long-range budget decision-making duties of the Select Board, Town Administrator, Finance Committee, Water Commission, and Golf Commission. It also applies to the related job duties of the Finance Director and Board of Assessors. POLICY The Town is committed to building and maintaining its reserves so as to have budgetary flexibility for unexpected events and significant disruptions in revenue-expenditure patterns and to provide a source of available funds for future capital expenditures. The Town will strive to maintain overall general fund reserves in the level of twelve to twenty percent (12-20%) of the annual operating budget. Adherence to this policy will help the Town withstand periods of decreased revenues and control spending during periods of increased revenues. There are multiple types of reserves, including free cash, stabilization funds, special revenue fund reserve balances, overlay surplus, and retained earnings (as appropriate). A. Free Cash The Division of Local Services (DLS) defines free cash as “the remaining, unrestricted funds from operations of the previous fiscal year, including unexpended free cash from the previous year.” DLS must certify free cash before the Town can appropriate it. To generate appropriate levels of free cash, the Town Administrator will propose budgets with conservative revenue projections, and department heads will carefully manage their appropriations in order to produce excess income and budget turn backs. The Town shall set a goal of managing its budget such that annual free cash balances are certified in the range of five to seven percent (5-7%) of the annual general fund operating budget. To the greatest extent possible, the Town will limit its use of free cash to funding one-time expenditures (such as capital projects, snow and ice deficits, or emergencies) and capital reserves. The Town shall set a goal of maintaining its minimum year-end unappropriated free cash balance in the range of two to two and a half percent (2-2.5%) of the annual general fund operating budget. The Town will appropriate the excess above this target range to build reserves or to offset unfunded liabilities. B. Stabilization Funds A stabilization fund is a reserve account allowed by state law to set aside monies to be available for future spending purposes, including emergencies or capital expenditures, although it may be appropriated for any lawful purpose. As detailed below, the Town has established two (2) stabilization funds, each of which is accounted for and reported as a trust fund, regardless of authorized use. General Stabilization: The Town will endeavor to maintain a minimum balance of five percent (5%) of the annual general fund operating budget in its general stabilization fund. Withdrawals from general stabilization should only be used to mitigate emergencies or other unanticipated events that cannot be supported by current general fund appropriations. When possible, withdrawals of funds should be limited to the amount available above the five percent (5%) minimum reserve target level. If any necessary withdrawal drives the balance below the minimum level, the withdrawal should be limited to one-third of the general stabilization fund balance. Further, the Town Administrator will develop a detailed plan to replenish the fund to the minimum level within the next two fiscal years. Capital Investment [Stabilization]4: The Town will annually appropriate available free cash, after current capital needs have been met and consistent with maintaining minimum year end unappropriated free cash balances, and/or XX percent of new short-term rental revenues effective July 1, 2020 to this fund5 until the targeted balance of ten percent (10%) of the general fund operating budget is attained. By sustaining a funding balance at these target levels in this reserve, the Town can balance debt with pay-as-you-go practices and protect against unforeseen costs. C. Retained Earnings and/or Business-Type Operations Surplus The Water Department’s and Golf Department’s finances each are managed as (quasi) enterprise funds. Accounting for the revenues and expenditures of these operations separately from the general fund allows the Town to effectively identify each operation’s true service delivery costs—direct, indirect, and capital — and set user fees at a level sufficient to recover them. Revenues in excess of estimated water/golf receipts or unspent water/golf appropriations closeout to a water/golf surplus account at the fiscal year end. Water/golf surplus must first be applied to indirect costs and then may be appropriated to fund water/golf-related general and capital expenses or to reduce water/golf rates. Under this accounting, the Town may reserve each department’s generated surplus (referred to as retained earnings or special revenue fund reserve balances). For each (quasi) enterprise fund, the Town will maintain a reserve amount at twenty percent (20%) of the operation’s total budget, at minimum, but any reserve may be significantly higher if major infrastructure improvements are necessary. The Golf Department will attain this twenty percent (20%) reserve balance by FY25 and shall seek to maintain it thereafter. These reserves shall be used to provide rate stabilization and to fund major, future capital projects. To maintain the target reserve levels for each enterprise requires the Water Commissioners and Golf Commissioners to periodically review, and when necessary, recommend adjusting user rates, with the approval of the Select Board as appropriate. 4 Requires the town to adopt a fund under M.G.L. c 40, § 5B. 5 Revenues can only be dedicated to a special purpose stabilization fund established under M.G.L. c 40, § 5B, not the current fund established by special act. Dedication requires town meeting action. See DLS publication on Stabilization Funds D. Overlay Surplus The purpose of the overlay reserve is to offset unrealized revenue resulting from uncollected property taxes, abatements, and exemptions. It can be used for other purposes only after it is determined to have a surplus. Therefore, unlike the other two types of general fund reserves, this policy does not set a consistent, specific funding target for the overlay surplus. Rather, each year as part of the budget process, the Board of Assessors will vote to raise an overlay amount on the annual tax recapitulation sheet, such that the overlay balance is maintained at an amount equal one to two percent (1-2%) of the annual general fund operating budget, taking the following factors into account:  Current balance in the overlay account  Three-year average of granted abatements and exemptions, and any upcoming changes to the Town’s exemption program  Potential abatement liability in cases pending before, or on appeal from, the Appellate Tax Board (ATB)  Timing of the next DLS certification review (scheduled every five years) At the conclusion of each fiscal year, the Board of Assessors will submit to the Town Administrator and Finance Director an update of the overlay reserve with data that includes, but is not limited to, the gross balance, potential abatement liabilities, and any transfers to surplus. If the balance exceeds the amount of potential liabilities, the Select Board may request that the Board of Assessors vote to declare those balances surplus and available for use to fund the Town’s capital improvement plan or for any other one-time expense. REFERENCES M.G.L. c. 40 §5B M.G.L. c. 59 §25 M.G.L. c. 44 §53F1/2 Brewster Capital Planning policy DLS Best Practices: Free Cash and Special Purpose Stabilization Funds DLS Form: Dedication of Revenue to Stabilization Fund DLS Informational Guideline Releases 08-101: Enterprise Funds, 17-20: Stabilization Funds and 17- 23: Overlay and Overlay Surplus Government Finance Officers Association Best Practices: Fund Balance Guidelines for the General Fund and Working Capital Targets for Enterprise Funds EFFECTIVE DATE This policy was adopted on January 6, 2020. 1 ATTACHMENT: G.L. c. 76, § 12B Section 12B. (a) As used in this section, the following terms shall have the following meanings: ''Above foundation reimbursement amount'', (i) for fiscal year nineteen hundred and ninety-four, fifty percent of the net losses due to the provisions of this section; provided, however, that if the amount lost by said district pursuant to subsection (f) is greater than two percent of the total school budget of said district, the amount of said reimbursement shall be equal to seventy-five percent of the net losses due to the provisions of this section; (ii) beginning in fiscal year nineteen hundred and ninety-five, twenty-five percent of the net losses due to the provisions of this section. ''Receiving district'', any city, town or regional school district within the commonwealth in which a child does not reside, but in which that child attends public school under the provisions of this section. ''Sending district'', any city, town or regional school district within the commonwealth in which a child resides, but in which that child does not attend public school under the provisions of this section. ''State school choice limit'', in fiscal year nineteen hundred and ninety-four, one percent of the total number of students attending public schools in the commonwealth; in fiscal year nineteen hundred and ninety-five, one and one-half percent of the total number of students attending public schools in the commonwealth; in fiscal year nineteen hundred and ninety-six, one and three-quarters percent of the total number of students attending public schools in the commonwealth; in fiscal year nineteen hundred and ninety-seven and thereafter, two percent of the total number of students attending public schools in the commonwealth; provided, however, that students enrolled under the program for the elimination of racial imbalance as provided in section twelve A shall not be counted toward these limits. (b)Notwithstanding the provisions of section twelve, or any other special or general law to the contrary, any child may attend a public school, in a city or town where he does not reside; provided, however, that the receiving district shall be paid by the commonwealth a tuition rate as established in subsection (f). (c)Not later than May first of every year, the school committee of each city, town or regional school district shall submit a report to the department stating: (1)The capacity of each school in said city, town or regional school district for the following academic year. (2)The number of students expected to attend each school in said city, town or regional school district in the following academic year. 2 (3)The number of students attending said school district under the terms of this section in the prior school year and the number of those students who are expected no longer to be attending said school district in the next school year. (4)The number of additional seats therefore available to non-resident students reduced by the number of students enrolled under the program for the elimination of racial imbalance as provided in section twelve A, in said charter school or each school in said city, town or regional school district. The board may require every district to update this report in whatever manner is required to effectuate the objectives of this section. (d)Each city, town or regional school district shall enroll non-resident students at the school of such non-resident student's choice; provided, however, that such receiving district has seats available as stated in said report; provided, however, that this obligation to enroll non-resident students shall not apply to a district for a school year in which its school committee, prior to June first, after a public hearing, adopts a resolution withdrawing from said obligation, for the school year beginning the following September. Any such resolution of a school committee shall state the reasons therefor, and such resolution with said reasons shall be filed with the department of education; provided, however, that said department shall have no power to review any such decision by a school committee. If the city, town or regional school district operates an intra- district choice plan, non-resident students may apply for schools on the same basis as resident students, but the intra-district choice plan may give preference to resident students in assigning students to schools. (e)Not later than the first day of July, each city, town or regional school district shall each year submit a non-resident attendance report to the board and to the state treasurer, certifying the number of non-resident applicants for each available seat in each school, the disposition of their applications, how many of said applicants will be attending the district in the next school year, the identity of the sending districts for those students, the annual amount of tuition for each such child and the total tuition owed to the district based on full or partial attendance, itemized by the amount attributable to each city or town of residence. The board may review said certification to determine that the amount of the individual tuition charged for each child is in accordance with the provisions of this section and shall inform the state treasurer of any errors. The department may also, on a post-audit basis, verify the admission and attendance of the number of children certified by each school district. In addition to the foregoing, all said districts shall, on October first and April first, report to the board and certify to the state treasurer accurate and up to date reports of all the information required in the non-resident attendance report. If the total number of students admitted to receiving districts pursuant to this section is greater than the state school choice limit, the board shall notify all districts that no more students may be accepted pursuant to this section. (f)For each student enrolling in a receiving district, there shall be a school choice tuition amount. Said tuition amount shall be equal to seventy-five percent of the actual per pupil spending amount in the receiving district for such education as is required by such non- 3 resident student, but not more than five thousand dollars; provided, however, that for special education students whose tuition amount shall remain the expense per student for such type of education as is required by such non-resident student. The state treasurer is hereby authorized and directed to deduct said school choice tuition amount from the total education aid, as defined in chapter seventy, of said student's sending district, prior to the distribution of said aid and to deposit said aid in the School Choice Tuition Trust Fund established by section twelve C. In the case of a child residing in a municipality which belongs to a regional school district, the school choice tuition amount shall be deducted from said chapter seventy education aid of the school district appropriate to the grade level of the child. If, in a single district, the total of all such deductions exceeds the total of said education aid, this excess amount shall be deducted from other aid appropriated to the city or town. If, in a single district, the total of all such deductions exceeds the total state aid appropriated, the commonwealth shall appropriate this excess amount; provided, however, that if said district has exempted itself from the provisions of chapter seventy by accepting section fourteen of said chapter, the commonwealth shall assess said district for said excess amount. (g)The state treasurer is further directed to disburse to the receiving district, from the School Choice Tuition Trust Fund established by section twelve C, an amount equal to each student's school choice tuition as defined in subsection (f); provided, however, that each public school district which admits children under the provisions of this section shall certify to the state treasurer the number of such children attending its public schools, the city or town of residence of each such child, the annual amount of tuition for each such child and the total tuition owed to the district based on full or partial attendance, itemized by the amount attributable to each city or town of residence; and, provided further, that such certification shall be made on October first of each year and April first of each year. Each school district submitting a certification to the state treasurer shall also submit a copy of said certification to the department of education. Said department may review said certification to determine that the amount of the individual tuition charged for each child is in accordance with the provisions of this section and shall inform the state treasurer of any errors. The department may also, on a post-audit basis, verify the admission and attendance of the number of children certified by each school district. (h)There shall be a parent information system established, maintained and developed by the board of education to disseminate to parents detailed and comparable information about each school system participating in the school choice program, so-called, which shall include, but not be limited to, information on special programs offered by the school, philosophy of the school, number of spaces available, transportation plans, class sizes, teacher/student ratios, and data and information on school performance that indicate its quality. Said information shall include the school profiles, so-called, developed pursuant to section one B of chapter sixty-nine. The board may include information regarding regional choice initiatives as deemed appropriate. The system shall have as its primary goal to ensure that all parents have an equal opportunity to participate in the program of interdistrict choice. The board of education, when disseminating this information shall encourage the parent and student to make at least one visit to the school of choice as part of the application procedure. (i)Subject to appropriation, the board of education shall develop and administer a school 4 choice transportation reimbursement program for the purpose of providing reimbursement for the transportation of pupils enrolled under the provisions of this section. Pupils eligible for said reimbursement must be eligible to receive free or reduced cost lunches under eligibility guidelines promulgated by the federal government under 42 USC section 1758. The board may limit said reimbursement to a yearly amount. The types of transportation to be reimbursed pursuant to said program shall include, but need not be limited to, the following: (1) transportation by school buses provided by the sending or receiving district; (2) transportation provided by the parent or guardian of the child; (3) transportation provided by public transportation. All eligible pupils who attend a school district contiguous to the school district of residence of such pupil shall be eligible for said reimbursement. If cost-effective transportation alternatives exist for pupils who attend districts not contiguous to the school districts of residence of such pupil, the board may provide a transportation reimbursement. Said reimbursements may be paid to the district in which the pupil is enrolled, the district of residence of the student, or the parent, guardian or person acting as guardian of the student; provided, however, that said district or parent provide documentation of the transportation expenditure. The board of education shall promulgate regulations for the program to be placed on file with the joint committee on education, arts and humanities of the general court. The board of education shall disseminate information to parents and school systems detailing the availability of said transportation reimbursements. A full description of said school choice transportation reimbursement program shall be submitted to the house and senate committees on ways and means and shall not become effective until ninety days after said submission. Notwithstanding the second paragraph of section one, nothing in this section shall confer upon any student attending a private school any right to transportation or reimbursement therefor. (j)School committees may establish terms for accepting non-resident students; provided, however, that if the number of non-resident students applying for acceptance to said district exceeds the number of available seats, said school committee shall select students for admission on a random basis; provided, further, that said school committee shall conduct said random selection twice: one time prior to July first and one time prior to November first; provided, further, that no school committee shall discriminate in the admission of any child on the basis of race, color, religious creed, national origin, sex, gender identity, age, sexual orientation, ancestry, athletic performance, physical handicap, special need or academic performance or proficiency in the English language. The Massachusetts commission against discrimination, established by section fifty-six of chapter six, shall have jurisdiction to enforce the provisions of this section; provided, however, that all students described in subsection (m) shall be entitled to remain in the receiving districts they are attending or have been accepted to attend. Any school committee that accepts non-resident students under the provisions of this section shall notify each district from which it has accepted a non-resident student of its acceptance of that student; provided, however, that a school committee may not publicly release the names of students leaving or entering a district under the provisions of this section. Notwithstanding the preceding provisions of this paragraph, any sibling of a student already enrolled in the receiving district shall receive priority for admission to said district. 5 (k)Any child accepted to attend a public school in a community other than the one in which he resides pursuant to this section shall be permitted to remain in that school system until his high school graduation, unless there is a lack of funding of the program as authorized by said sections. (l)Notwithstanding the provisions of this section or any general or special law to the contrary, any school district which admitted children on a private tuition basis prior to June thirtieth, nineteen hundred and ninety-one may continue, on that basis, to admit any child who attended its school system prior to that date, as well as any sibling or step- sibling of such child and any foster child residing in the home of such child. (m)Any student who, pursuant to the provisions of this section, has been attending or has been admitted to attend a public school of a city or town in which he does not reside and for whom the commonwealth has been paying tuition or, in the case of a student recently admitted, would be required to pay tuition in the coming year, shall be deemed to be a student admitted pursuant to paragraph (j), and shall be subject to all of the provisions of this section; provided, however, that said students shall be allowed to remain in said school notwithstanding any determination of capacity or decision by the receiving district to withdraw made pursuant to this section. (n)Subject to appropriation, any sending district for which the provisions of subsection (f) result in a reduction in state aid shall be eligible to apply for a school choice reimbursement from the commonwealth. If net school spending in a sending district is greater than said foundation budget as defined in chapter seventy, the amount of said reimbursement shall be the above foundation reimbursement amount for that fiscal year. If net school spending in a sending district is less than said foundation budget, the amount of said reimbursement shall be equal to one hundred percent of the positive difference, if any, between (i) the amount transferred pursuant to subsection (f), and (ii) the product of the number of students leaving the sending district and the average per pupil expenditure in the sending district for such education as is required by such nonresident student, for the period the child shall attend; provided, however, that if any district has exempted itself from the provisions of said chapter seventy by accepting section fourteen of said chapter seventy, the district shall be ineligible for a reimbursement under this subsection; provided, further, that if any district in which net school spending is greater than the foundation budget becomes a sending district for the first time in fiscal year nineteen hundred and ninety-five or any year thereafter, the reimbursement amount for that district in the first year that it is a sending district shall be the fiscal year nineteen hundred and ninety-four reimbursement amount; the reimbursement amount for the district in its second year as a sending district shall be the fiscal year nineteen hundred and ninety-five reimbursement amount. Said reimbursement application shall be submitted to the department of education on or before October first of each year together with an educational corrective action plan containing information, recommendations and suggestions relative to: (1) areas needing improvement within the school system of the applicant; (2) methods of improvement to be employed; (3) goals and objectives of said improvement; (4) evaluation and control methods to be used; (5) personnel to be engaged in such improvement; (6) results intended to be accomplished within one year from the 6 date of application; and (7) methods of increasing parental involvement to be employed; provided, however, that any community or regional school district that has a previously approved plan need not refile said plan; and, provided further, that approval of said plan by said board shall act as a condition precedent to the distribution of said reimbursement to the applicant community or regional school district. Under no circumstances shall the total amount expended pursuant to subsections (h) and (i) and to reimburse sending districts pursuant to this paragraph, be greater than twenty million dollars. If, in any year, the total amount that would be required to reimburse said cities at said rates would be greater than twenty million dollars, then the reimbursement rates shall be reduced proportionately to those rates at which the total cost does not exceed twenty million dollars. (o) The commonwealth and the school committee of any town may accept funds from the federal government for the purposes of this section. Any amounts received by the school committee of any town from the federal government, from the commonwealth or from a charitable foundation or private institution shall be deposited with the treasurer of such town and held as a separate account, and may be expended by said school committee without further appropriation, notwithstanding the provisions of section fifty-three of chapter forty-four. Whenever such funds are received after the submission of the annual school budget, all or any portion thereof may be expended by the school committee without further appropriation, but shall be accounted for in the next annual school budget. If the student attends the public schools of another town and it is anticipated that the student shall need the services of a private day or residential school, an individual education plan team meeting shall be convened by the school district in which the child is attending school. The school district in which the student attends school shall notify the school district where the student resides of the team meeting at least five school days prior to the meeting. Personnel from the district in which the child resides shall be allowed to participate in the team meeting concerning future placement of the child. FYI ITEMS (MAIL) March 1, 2021 1. OKH National Scenic Highway Designation Press Release – Cape Cod Commission 2. Update on School Facilities Planning RFP – Donna Kalinick 3. Nauset News v.3 4. PRIM Quarterly Update 5. Letter to Select Board re: Millstone Road – Barbara Metzgar PRESS RELEASE Information from the Cape Cod Commission Press Contacts Kristy Senatori, Executive Director ksenatori@capecodcommission.org Wendy Northcross, CEO, Cape Cod Chamber of Commerce wendy@capecodchamber.org (MORE) Old King’s Highway Achieves National Scenic Byway Status 2021 designation makes it one of four in Massachusetts Old King’s Highway, Yarmouth Port, Photo Courtesy of William DeSousa Mauk FOR IMMEDIATE RELEASE (February 22, 2021) – With its new designation as a National Scenic Byway by the U.S Department of Transportation, the 34-mile Old King’s Highway is now one of four in Massachusetts to achieve that status. Old King’s Highway was among three new Massachusetts designations approved in January 2021 and 49 additional across the country. The nomination was prepared by the Cape Cod Commission and the Cape Cod Chamber of Commerce to preserve, promote, and enhance this unique roadway. The Massachusetts Department of Transportation (MassDOT) submitted the nomination to the Federal Highway Administration accompanied by letters of support from numerous local chambers of commerce and the Town of Barnstable. The Chamber’s commitment to promoting the stories found along the byway was a component in securing this designation. “The scenic byway category recognizes that, like the environment, the Cape’s history also drives the economy,” Cape Cod Chamber of Commerce CEO Wendy Northcross said. “Along with our beaches, salt marshes and harbors, Route 6A captures what many residents and visitors think when they hear the words ‘Cape Cod.’ The Commission’s work developing a corridor management plan, initially in 1995 and updated in 2010, helped lay the groundwork for the national designation, making it eligible for nomination. That plan followed the roadway’s 1992 designation as a Massachusetts Scenic Byway in recognition of its distinctive scenic and historic character. “The Cape Cod Commission has long-recognized the important role played by the Old King’s Highway in preserving the Cape’s special sense of place,” Executive Director Kristy Senatori said. “As we look to the future, it will be important to protect and preserve these cultural assets from the effects of climate change and other critical regional challenges for future generations.” The Old King’s Highway extends through seven communities along the Cape’s north side from Bourne to the Eastham/Orleans border. It is the backbone of the Old King’s Highway Regional Historic District, enacted in 1974. The district continues to be instrumental in preserving the historic character of the roadway. The National Scenic Byways Program, part of the Federal Highway Administration, seeks to “create a distinctive collection of American roads, their stories and treasured places.” Among the factors considered in designations are a roadway’s intrinsic qualities – archaeological, cultural, historic, natural, recreational, and scenic – national or regional significance; overall visitor’s experience; and long-term sustainability. Along with inclusion in the 2021 National Scenic Byways Program Designations Booklet, Old King’s Highway will be added to the America’s Byways website. The Mohawk Trail and Battle Road (Concord, Lincoln, Lexington, and Arlington) scenic byways were also designated this year. The Connecticut River Byway was approved in 2009. ### ABOUT THE CAPE COD COMMISSION: The Cape Cod Commission is the regional land use, planning, economic development and regulatory agency for Barnstable County, Massachusetts. It was created in 1990 to serve the citizens and 15 towns that comprise Cape Cod. The Commission works toward maintaining a healthy balance between economic progress and environmental vitality. “Keeping a Special Place Special” describes the agency’s mission to protect the region’s unique qualities. The 19-member volunteer Cape Cod Commission board represents a wide spectrum of the community and provides oversight for a staff of 40 professionals. For more information, visit www.capecodcommission.org Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Brewster Elementary School Committee FROM: Donna J. Kalinick, Assistant Town Administrator CC:Peter Lombardi, Town Administrator RE: Update on School Facilities Planning Request for Proposals (RFP) DATE: February 17, 2021 Please find attached an updated School Educational Planning RFP. Since your last meeting, I have updated the following: 1-Proposed dates for issuance and receipt of RFP 2-School Improvement Plans 3-Enrollment numbers 4-School Floor Plans 5-5 Year Capital Plan 6-Executive Summary regarding COVID19 changes prepared by the school principals The original plan by the School Committee was to have a subcommittee who would review the proposals and possibly interview applicants before making an award. I would also suggest that the School Committee and School Administration need to designate a point person for this study. While the Town is happy to support these efforts, ultimately this is the School’s Planning process. The Town would like to kept informed as the planning process unfolds as we continue to receive requests from residents who are interested in this study, and the Select Board has identified Complete School Consolidation and Community Center Feasibility Studies via a transparent and engaging public process and work with key stakeholders to determine appropriate next steps in their 2020/2021 Strategic Plan. Office of: Select Board Town Administrator Nauset Public Schools February 22, 2021 Link: Outermost High School Link: NausetStrategicPlan Education 2050 - Education today is far different than is was 50 years when the current Nauset Regional High School campus was designed and built. Today information is ubiquitous, technology has transformed how we work, how we get our news, and how we communicate; interaction between and among countries and cultures affects us everyday in both small ways and large. Today’s students face a very different job market than their parents, and one that is global in nature and is continually and rapidly changing. Today it is not enough to be “book smart”. To prepare students to live and work in the present and future worlds, education needs to incorporate the “soft skills” valued in today’s society including, but certainly not limited to, critical thinking and problem solving, creativity and innovation, the ability to collaborate and communicate within and across heterogenous teams, and an appreciation and understanding of community in all its forms. Nauset has developed two plans that lay out our vision for guiding us as we meet the challenges posed by today’s ever-changing and global world - Nauset Public Schools Strategic Plan 2021-2025 and the Outermost High School: Educational Program Vision for Nauset Regional High School These documents form the backbone of our vision for a Nauset education. Nauset believes … every child matters 1 NAUSET NEWS Nauset Regional High School Building Project The Outermost High School: Educational Program Vision for Nauset Regional High School July 10, 2019 Nauset Public Schools February 22, 2021 Nauset’s Strategic Plan Covering all grades from pre-school through high school, the Strategic Plan is centered around five main goal areas; 21st Century Skills, Global Citizenship, Social-Emotional Learning, Professional Development, and Community Schools. Initiatives in each of these areas build on our current excellent educational programs and provide a roadmap that incorporates a dynamic process to help us ensure that we are continually growing and evolving to meet the demands of our continually changing and hyper- connected world. Visit NausetStrategicPlan to learn how we plan to meet today’s educational challenges. The Outermost High School: Educational Vision for NRHS The Outermost High School is the educational vision that specifically guides and informs the new building design. Developed through a series of collaborative workshops, it addresses the questions of What is NRHS doing now? Where do we want to go? What kinds of spaces do we need to achieve our vision? How will the facility support and enhance teaching and learning? A few examples of the latter include: • Provide sufficient spaces that allow for project-based and collaborative learning; • Design room adjacencies that promote inclusion as well as interdisciplinary and multidisciplinary teaching; • Include flexible spaces that are multipurpose and can adapt over time to meet changing educational needs; • Maximize students’ security and safety; • Incorporate natural light; • Bring science labs, technology centers, etc. in line with modern learning needs. See Outermost High School to read the full document. Nauset believes … every child matters 2 Links for more information 1) Complete information on the Nauset High School building project can be found on the project website: nausetbuildingproject.com 2) Lower Cape News reports extensively on education topics https://www.lowercapenews.org/ reporting-education. For the Superintendent’s Spotlight produced weekly by Lower Cape News go to Spotlight. 3) Videos of the first. Two Informational Zoom Meetings can be found at nausetschools.org. •Feb. 3: Project History •Feb. 10: Project Options and the Selected Design VOTE March 30 Town Clerks in the four Nauset towns of Brewster, Eastham, Orleans, and Wellfleet have sent postcards to all registered voters enabling them to request a mail- in ballot. The last day to request such a ballot is March 24. In-person voting will be on March 30 at your town’s polling station. JOIN US for Informational Zoom Meetings For more information on Education 2050 - the educational vision for NRHS and how the new building design will support this vision - please join us for our third weekly Informational Zoom Meeting on Wednesday, February 24 at 6:30 p.m. A presentation by participating panelists will be followed by a Q&A session based on questions submitted by viewers during the Zoom meeting. https://zoom.us/j/91924602088 US: +1 929 205 6099 Webinar ID: 919 2460 2088 Your beginning net asset value for the period was: Your change in investment value for the period was: Your exchanges from (to) the Cash Fund for the period were: Your ending net asset value for the period was: Net Change in Investment Value represents the net change through investment activities as follows: Gross Investment Income: Less Management Fees: Net Investment Income: Net Fund Unrealized Gains/Losses: Net Fund Realized Gains/Losses: Net Change in Investment Value as Above: State Retirees Benefits Trust Fund Month To Date Fiscal Year To Date Calendar Year To Date 84 State Street, Suite 250 Boston, Massachusetts 02109 Deborah B. Goldberg, Treasurer and Receiver General, Chair Michael G. Trotsky, CFA, Executive Director Pension Reserves Investment Management Board If you have any questions regarding your statement, please contact the Client Services team at clientservice@mapension.com. A detailed statement of your account is attached to this summary sheet. Town of Brewster 0.00 2,818,967.95 (1,566.59) 2,199,890.45 250,000.00 2,818,967.95 369,077.50 2,820,534.54 0.00 2,818,967.95 (1,566.59) 3,185.68 (375.80) 9,176.55 2,809.88 (1,566.59) (13,553.02) 31,147.23 (6,561.82) 94,006.14 24,585.41 369,077.50 250,485.95 3,185.68 (375.80) 9,176.55 2,809.88 (1,566.59) (13,553.02) $2,818,967.95 2,820,534.54 January 01, 2021 to January 31, 2021 As of January 31, 2021 the net asset value of your investment in the SRBT Fund was: Your beginning net asset value for the period was: Your investment income for the period was: Your ending net asset value for the period was: Cash Investment Month To Date Fiscal Year To Date Calendar Year To Date 84 State Street, Suite 250 Boston, Massachusetts 02109 Deborah B. Goldberg, Treasurer and Receiver General, Chair Michael G. Trotsky, CFA, Executive Director Pension Reserves Investment Management Board If you have any questions regarding your statement, please contact the Client Services team at clientservice@mapension.com. A detailed statement of your account is attached to this summary sheet. Town of Brewster 0.00 0.00 $0.00 0.00 January 01, 2021 to January 31, 2021 Your total contributions for the period were: Your total redemptions for the period were: Your total exchanges for the period were: Your state appropriations for the period were: 0.00 0.000.00 250,000.00 0.000.00 0.00 0.000.00 (250,000.00)0.000.00 0.00 0.000.00 0.00 0.000.00 As of January 31, 2021 the net asset value of your investment in the Cash Fund was: Investment Detail 84 State Street, Suite 250 Boston, Massachusetts 02109 Deborah B. Goldberg, Treasurer and Receiver General, Chair Michael G. Trotsky, CFA, Executive Director Pension Reserves Investment Management Board Town of Brewster 1/31/2021 Investments Units Of Participation Cost Price Market Value Unrealized Gain/Loss PHTF90200002 Commonwealth Of Massachusetts 12,196.929 HCST OPEB MASTER TRUST 2,585,804.33 231.1211 2,818,967.95 233,163.62 Total Investment:2,585,804.33 2,818,967.95 233,163.62 Statement of Change In Net Assets 84 State Street, Suite 250 Boston, Massachusetts 02109 Deborah B. Goldberg, Treasurer and Receiver General, Chair Michael G. Trotsky, CFA, Executive Director Pension Reserves Investment Management Board Town of Brewster 01/31/2021 NET ASSETS - BEGINNING OF PERIOD 2,820,534.54 2,199,890.45 2,820,534.54 Current Period 1/1/2021 1/31/2021 Fiscal Year 7/1/2020 1/31/2021 Year To Date 1/1/2021 1/31/2021 Commonwealth Of Massachusetts PHTF90200002 DISBURSEMENTS: CASH FUND EXCHANGES 0.00 250,000.00 0.00 RECEIPTS: CONTRIBUTIONS: PARTICIPANTS 0.00 250,000.00 0.00 INVESTMENT INCOME: UNREALIZED GAIN/LOSS-INVESTMENT -13,553.02 250,485.95 -13,553.02 MASTER TRUST ALLOCATED EXPENSES -88.94 -1,204.77 -88.94 MASTER TRUST CHANGE IN REALIZED G/L 9,176.55 94,006.14 9,176.55 MASTER TRUST INVESTMENT INCOME 3,185.68 31,147.23 3,185.68 MT ALL INVESTMENT MANAGER FEES -286.86 -5,357.05 -286.86 UNIT EXCHANGES 0.00 250,000.00 0.00 Total Receipts -1,566.59 Total Disbursements:0.00 Net Assets - End of Period:2,818,967.95 869,077.50 250,000.00 2,818,967.95 -1,566.59 0.00 2,818,967.95 STATEMENT EXPLANATION Below you will find a description of each item posted to your statement. CAPITAL ACCOUNT Summary of Account Activity: A summary statement produced for your investment in the State Retiree Benefits Trust Fund (SRBTF) includes both month-to- date and fiscal year-to-date information. This statement is also furnished to the Public Employee Retirement Administration Commission (PERAC). Your beginning net asset value for the period: The total balance of your investment as of the opening date of the statement period. Your change in investment value for the period: The total increase or decrease in your investment includes net investment income, realized gains or losses, and unrealized gains or losses. Your total exchanges from (to) cash fund: Movement of funds occurring on the first business day of each month between your Cash Fund and Capital Account (SRBTF). Your ending net asset value for the period: The total balance of your investment as of the closing date of the statement period. Gross investment income: Represents your allocable share of the SRBTF’s income associated with securities and other investments (i.e. real estate), except for realized and unrealized gains or losses. It is principally interest, dividends, real estate income, and private equity income. Management fees: Represents your allocable share of the SRBTF’s expenses related to PRIM’s investment advisors, consultants, custodian and operations expenses. Net investment income: Represents your allocable share of the SRBTF’s gross investment income, less Management Fees. Net fund unrealized gains/losses: Represents your allocable share of the SRBTF’s increase or decrease in value, attributed to a change in value of securities or other investments held in the PRIT Fund, relative to original cost. These gains or losses are “unrealized” because the investments have not yet been sold. Net fund realized gains/losses: Represents your allocable share of the SRBTF’s increase or decrease in value attributed to the PRIT Fund’s sale of securities or other investments (i.e. real estate property). Whether you “realize” a gain or loss depends upon the price at which the investment was sold in relation to its original purchase price. CASH FUND Your beginning net asset value for the period: The total balance of your investment as of the opening date of the statement period. Your investment income for the period: Interest earned for the period. Your total contributions for the period: Sum of all funds (i.e. wires and/or checks) sent into your SRBTF account during the statement period. Cash contributed any day during the month except the first business day will remain in your Cash Fund until the first business day of the following month, when it will then be exchanged into the General Allocation Account (SRBTF). Your total redemptions for the period: Sum of all funds sent by wire from the PRIT Fund’s custodian bank to your government entity during the statement period. A redemption made be made at any time throughout the month as long as your Cash Fund balance equals or exceeds the amount you wish to redeem. Your ending net asset value for the period: The total balance of your investment as of the closing date of the statement period. If you have any questions about this statement, please call your Senior Client Service Officer, Paul Todisco (617) 946-8423. NAV $ (000)Target Allocation RangeActual Allocation % Month FY '21Calendar YTD 1 Year 3 Year 5 Year 10 YearSince InceptionGLOBAL EQUITY37,217,804 34 - 44% 43.0% 0.07 25.91 0.07 17.76 7.76 14.02 9.41 6.90 CORE FIXED INCOME13,779,611 12 - 18% 15.9% -1.32 0.05 -1.32 6.96 7.44 5.32 5.38 7.35VALUE ADDED FIXED INCOME *6,415,333 5 - 11% 7.4% 0.50 11.82 0.50 4.76 4.53 7.14 5.63 7.81 PRIVATE EQUITY *10,750,758 10 - 16% 12.4% -0.11 30.07 -0.11 26.70 20.74 20.20 19.07 15.31REAL ESTATE *7,215,540 7 - 13% 8.3% 0.10 5.59 0.10 0.92 5.75 7.03 9.60 6.56TIMBERLAND *2,802,929 1 - 7% 3.2% -0.07 3.17 -0.07 4.04 2.23 4.41 4.74 7.96PORTFOLIO COMPLETION STRATEGIES *7,707,820 8 - 14% 8.9% 1.48 9.58 1.48 2.41 1.94 4.20 4.04 4.27OVERLAY682,828 0.0% 0.8% -0.25 11.60 -0.25 15.14 5.52 7.20 5.86TOTAL CORE86,640,688 100%100%-0.0316.55-0.0312.677.8310.948.839.47-0.08 15.49 -0.08 12.70 7.94 10.75 8.23 9.85TOTAL CORE BENCHMARK (using private equity and private debt benchmark) 20.07 12.57 0.07 10.79 7.10 10.09 7.48 9.66PARTICIPANTS CASH 34,309 0.01 0.07 0.01 0.42 1.60 1.33 0.74 3.58TEACHERS' AND EMPLOYEES' CASH32,784 0.01 0.07 0.01 0.42 1.58 1.31 0.73 2.43 TOTAL FUND86,707,782 -0.0316.49-0.0312.637.8110.908.809.51PENSION RESERVES INVESTMENT TRUST* Certain Value-Added Fixed Income investments, Private Equity, certain Real Estate investments, Timberland, and certain Portfolio Completion Strategy investments are valued only at calendar quarter ends (March 31, June 30, September 30, and December 31).Periods Ending January 31, 2021*RATES OF RETURN (GROSS OF FEES)SUMMARY OF PLAN PERFORMANCEINTERIM BENCHMARK (using private equity and private debt returns) 13