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Home My Public Portal About03.03.21 FinCom Packet Town of Brewster Finance Committee 2198 Main St., Brewster, MA 02631 fincommeeting@brewster-ma.gov (508) 896-3701 MEETING AGENDA Remote Participation Only March 3, 2021 at 6:00 PM This meeting will be conducted by remote participation pursuant to Gov. Baker’s March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster- ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID: 814 5568 0821 Passcode: 546055 To request to speak: Press *9 and wait to be recognized. 2. Zoom Webinar: https://us02web.zoom.us/j/81455680821?pwd=SUtNOCtYUHgxdkIyUFVJYzVNQjZXdz09 Passcode: 546055 To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to be recognized. Finance Committee Harvey (Pete) Dahl Chair Frank Bridges Vice Chair William Meehan Clerk Andrew Evans Alex Hopper Honey Pivorotto Robert Tobias Robert Young Town Administrator Peter Lombardi Finance Director Mimi Bernardo 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Recording Statement 5. Public Announcements and Comment: Members of the public may address the Finance Committee on matters not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting Law, the Finance Committee is unable to reply but may add items presented to a future agenda. 6. Town Administrator/Finance Director Report 7. Policies and Procedures Update (Standing Item) 8. Discussion and Vote on Citzens Petitions on Town Meeting Warrant a) Year Cost Estimate to Operate Dog Park, b) Climate Emergency and Net Zero Declaration c) Private Road Betterment 9. Discussion and Vote on Town Meeting Warrant Budget Articles 10. Discuss Requests for information from NRSC for 3/10/21 Joint Meeting with Select on the NRSC 2022 Budget 11. Discussion and Vote on Debt Exclusion for Nauset High School 12. Discussion and vote on dissolving Subcommittee 13. Liaison Reports 14. Review and Approval of Minutes 15. Request for agenda items for future meetings. 16. Matters Not Reasonably Anticipated by the Chair 17. Next Finance Committee Meeting – 03/10/21 18. Adjournment Date Posted: Date Revised: Received by Town Clerk: 3/1/21 Town of Brewster SPECIAL & ANNUAL TOWN MEETING WARRANT for May 15, 2021 At XX:00 AM STONY BROOK ELEMENTARY SCHOOL 384 UNDERPASS ROAD Please bring this copy of the warrant to Town Meeting Large print copies of the warrant are available at the Brewster Town Offices Edit Date: February 26 TOWN OF BREWSTER SPECIAL & ANNUAL TOWN MEETING WARRANT MAY 15, 2021 TABLE OF CONTENTS A INDEX 2 B INFORMATION & MODERATOR’S STATEMENT FOR VOTERS 4 C CONSENT CALENDAR – ROUTINE ARTICLES FOR APPROVAL D FINANCE COMMITTEE REPORT E TAX RATE INFORMATION F CAPITAL PROJECTS REPORT G HEALTH & HUMAN SERVICES REPORT H 2020 SPECIAL TOWN MEETING WARRANT ARTICLES ARTICLE DESCRIPTION SPONSOR PAGE 1 Unpaid Bills Board of Selectmen I 2021 ANNUAL TOWN MEETING WARRANT ARTICLES 1 Cape Cod Regional Technical High School Operating Budget Cape Cod Technical School Committee 2 Elementary Schools Operating Budget Elementary School Committee 3 Nauset Regional Schools Operating Budget Nauset Regional School Committee 4 Assessment Formula for Nauset Regional Schools Nauset Regional School Committee 5 Town Operating Budget Board of Selectmen 6 Golf Department Reserve Fund Board of Selectmen 7 Water Department Enterprise Fund Board of Selectmen 8 Community Preservation Act Funding Community Preservation Committee 9 Capital and Special Projects Expenditures Board of Selectmen 10 Special Revenue Fund/Cable Franchise Fee Board of Selectmen 11 Acceptance of Grants and Gifts Board of Selectmen 12 Repair & Resurface Town Roads/Chapter 90 Funds Board of Selectmen 13 Property Valuation Services Contract Board of Selectmen 14 Fire Union Collective Bargaining Agreement Board of Selectmen 15 Police Union Collective Bargaining Agreement Board of Selectmen 16 SEIU Collective Bargaining Agreement Board of Selectmen 17 OPEIU Collective Bargaining Agreement Board of Selectmen 18 Ladies Library Collective Bargaining Agreement Board of Selectmen 19 Non-Union Personnel Wage Funding Board of Selectmen 20 Citizen Petition/5 Year Cost Estimate to Operate Dog Park Citizen Group 21 Citizen Petition/Climate Emergency and Net Zero Declaration Citizen Group 22 Citizen Petition/Private Road Betterment Citizen Group 23 Town Code Amendment/Private Road Betterment Board of Selectmen 24 Hunting on Town Property Select Board 25 Citizens Petition/Hunting on Town Property Citizens Group 26 Sale of Land Select Board 27 Captains Golf Course Restaurant Lease Select Board 28 Citizens Petition/School Choice Citizens Group 29 30 Town Charter Select Board J TOWN MODERATOR’S RULES K GLOSSARY OF FINANCIAL TERMS CONSENT CALENDAR ROUNTINE ARTICLES FOR APPROVAL To expedite Town Meeting and save valuable time for discussion of key issues, the 1994 Fall Yearly Town Meeting created the "Consent Calendar" to speed passage of articles that appear to raise no controversy. The purpose of the Consent Calendar is to allow the motions under these articles to be acted upon as one unit and to be passed by a unanimous vote without debate. THIS CONSENT CALENDAR WILL BE TAKEN UP AS THE FIRST ORDER OF BUSINESS AT THE ANNUAL TOWN MEETING ON MAY 3, 2021. If you have any questions about these articles, motions or the procedure please call the Town Administrator’s office at 508-896-3701 before Town Meeting. At the call of the Consent Calendar, the Moderator will call out the numbers of the articles, one by one. If any voter has doubt about passing any motion, or wishes an explanation of any subject on the Consent Calendar, THE VOTER SHOULD STAND AND SAY THE WORD "HOLD" IN A LOUD, CLEAR, VOICE WHEN THE NUMBER IS CALLED. The Moderator will then inquire as to whether the request to hold is for a question or for debate. If the purpose of the request was merely to ask a question, an attempt to obtain a satisfactory answer will be made, and if that occurs, the article will remain on the Consent Calendar absent a further request to hold. If the purpose of the request was to hold the article for debate, the article will be removed from the Consent Calendar and restored to its original place in the warrant, to be brought up, and debated and voted on in the usual manner. No voter should hesitate to exercise the right to remove matters from the Consent Calendar. It is the view of the voters as to the need for debate that is significant, not that of the town officials who put together the Consent Calendar. However, it is hoped that voters will remove articles from the Consent Calendar only in cases of genuine concern. After calling of the individual items in the Consent Calendar, the Moderator will ask that all items remaining be passed as a unit by a unanimous vote. Please review the list of articles proposed for the Consent Calendar which follows. Complete reports can be found under each article printed in this warrant. PROPOSED CONSENT CALENDAR FOR ROUTINE WARRANT ARTICLES No. 4 Assessment Formula for Nauset Public Schools No. 10 Special Revenue Fund/Cable Franchise Fee No. 11 Acceptance of Grants and Gifts No. 12 Repair and Resurface Town Roads/Chapter 90 Funds TOWN OF BREWSTER SPECIAL TOWN MEETING MAY 15, 2021 Barnstable, ss To: Roland W. Bassett, Jr. Constable of the Town of Brewster Greetings: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet at the Stony Brook Elementary School, 384 Underpass Road, on Saturday, MAY 15, 2021, next, at XX:00 a.m. o’clock in the morning, then and there to act upon the following articles: UNPAID BILLS ARTICLE NO. 1: To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to an applicable statute or transfer from available funds for the payment, pursuant to G.L. c.44, §64, of unpaid bills from previous fiscal years, including any bills now on overdraft: Vendor Amount a. b. c. Total $ Or to take any other action relative thereto. (Board of Selectmen) (Nine-tenths Vote Required) COMMENT This article will authorize the payment of outstanding bills from a previous fiscal year. According to Massachusetts General Laws, a Town cannot pay a bill from a previous fiscal year with the current year’s appropriation. Therefore, Town Meeting authorization is required. a.. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 b. 0 Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 c. 0 Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 You are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting as aforesaid. Given under our hand and Seal of the Town of Brewster affixed this __th day of April 2021. ___________________________________ Mary W. Chaffee, Chair ___________________________________ Benjamin W. deRuyter, Vice Chair ___________________________________ Cynthia A. Bingham, Clerk ___________________________________ David C. Whitney ___________________________________ Edward B. Chatelain I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Special Town Meeting of May 15, 2021 by posting attested copies thereof, in the following locations in the Town on the __th day of April 2021. Brewster Town Offices Café Alfresco Brewster Ladies Library Brewster Pizza House The Brewster General Store Millstone Liquors U. S. Post Office _________________________________ Roland W. Bassett, Jr. Constable TOWN OF BREWSTER ANNUAL TOWN MEETING MAY 15, 2021 Barnstable, ss To: Roland W. Bassett, Jr. Constable of the Town of Brewster Greetings: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet at the Stony Brook Elementary School, 384 Underpass Road, on Saturday, May 15, 2021, next, at XX:00 a.m. o’clock in the morning, then and there to act upon the following articles: CAPE COD REGIONAL TECHNICAL HIGH SCHOOL OPERATING BUDGET ARTICLE NO. 1: To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray Cape Cod Regional Technical High School charges and expenses for the Fiscal Year ending June 30, 2022, as follows; DEPARTMENT EXPENDED FY2020 APPROPRIATED FY2021 REQUESTED FY2022 CAPE COD TECH ASSESSMENT $562,646 DEBT ASSESSMENT $294,741 TOTAL ASSESSMENT $857,387 or to take any other action relative thereto. (Cape Cod Technical School Committee) (Majority Vote Required) COMMENT This article will provide funding for the Fiscal Year 2022 operating budget for the Cape Cod Regional Technical High School District. This district consists of the Towns of Barnstable, Brewster, Chatham, Dennis, Eastham, Harwich, Mashpee, Orleans, Provincetown, Truro, Wellfleet and Yarmouth. The overall district-wide budget has increased by x.xx% over Fiscal Year 2021. Brewster’s actual share of the assessment has increased/decreased by a sum of $xxx,xxx or xx.xx% over Fiscal Year 2021. District wide enrollment has increased/decreased from 616 students to xxx students; with Brewster’s enrollment increasing/decreasing from 29 to xx students for this same period. The Debt Assessment line represents Brewster’s third year payment for our share of the school building project for the new Cape Cod Regional Technical High School. This project was approved by the voters at the October 24, 2017 Special Election. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 ELEMENTARY SCHOOLS OPERATING BUDGET ARTICLE NO. 2: To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray the Elementary Schools’ charges and expenses, for the Fiscal Year ending June 30, 2022, as follows; DEPARTMENT EXPENDED FY2020 APPROPRIATED FY2021 REQUESTED FY2022 ELEMENTARY SCHOOL BUDGET $7,971,540 SCHOOL FRINGE BENEFITS $2,068,441 TOTAL ASSESSMENT: $10,039,981 or to take any other action relative thereto. (Elementary School Committee) (Majority Vote Required) COMMENT This article will provide funding for the Fiscal Year 2022 operational budget for the Stony Brook and Eddy Elementary Schools. The Fiscal Year 2022 budget request for the Elementary Schools stands at $x,xxx,xxx. These operational budgets have increased by the total sum of $xxx,xxx or x.x%, over Fiscal Year 2021. The Town’s total elementary school assessment is increasing by x.x% when the schools proportionate shares of fringe benefits expenses is applied. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 NAUSET REGIONAL SCHOOLS OPERATING BUDGET ARTICLE NO. 3: To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray the Nauset Regional School District charges and expenses for the Fiscal Year ending June 30, 2022, as follows; DEPARTMENT EXPENDED FY2020 APPROPRIATED FY2021 REQUESTED FY2022 NAUSET ASSESSMENT $11,476,397 NAUSET DEBT ASSESSMENT $122,645 TOTAL ASSESSMENT: $11,599,042 or to take any other action relative thereto. (Nauset Regional School Committee) (Majority Vote Required) COMMENT This article provides funding for the Fiscal Year 2022 operational budget for the Nauset Regional School District. The overall operating budget for the Nauset Regional Schools stands at $xx,xxx,xxx which represents an increase of x.x% over the prior year. Brewster’s share of the Nauset Schools operational budget is $xx,xxx,xxx. Brewster’s proportionate share of enrollment has increased/decreased from 48.04% in Fiscal Year 2021 to xx.xx% in Fiscal Year 2022. The Town’s share of the operational budget has increase x.xx% over Fiscal Year 2021, due to the increase in Brewster’s share of the enrollment. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS ARTICLE NO. 4: To see if the Town will vote, pursuant to the provisions of the fourth paragraph of G.L. c.71, §16B, to reallocate the sum of the member towns’ contributions to the Nauset Regional School District in Fiscal Year 2023 in accordance with the Regional Agreement rather than the Education Reform Formula, so-called, or to take any other action relative thereto. (Nauset Regional School Committee) (Majority Vote Required) COMMENT This article will apportion the Nauset Regional School District’s assessment to the four member towns for the upcoming fiscal year based on their proportionate annual student enrollment within the school district. This specific methodology is provided for within the inter-municipal agreement, approved by the four towns establishing the Nauset Regional School District. This allocation formula has been applied in each of the last twenty three years by Town Meeting vote. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 TOWN OPERATING BUDGET ARTICLE NO. 5: To see what sums the Town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute, for the purposes of supporting the offices, departments, boards and commissions of the Town of Brewster for Fiscal Year 2022, including authorization for lease purchases of up to five years, as follows; EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY 2020 FY 2021 FY 2022 GENERAL GOVERNMENT Finance Committee $130,500 Assessors $131,490 Accounting $221,999 Treasurer/ Collector $286,465 Information Technology $267,427 Legal $165,640 Moderator $300 Planning $174,184 Select Board / Town Administration $489,999 Human Resources New In FY22 New in FY22 Town Clerk $213,490 Public Buildings $164,420 SUBTOTAL GENERAL GOVERNMENT $2,245,914 PUBLIC SAFETY Building Department $407,134 Fire Department $2,846,338 Natural Resources $429,439 Police Department $2,861,915 Sealer of Weights & Measures New in FY21 $9,000 SUBTOTAL PUBLIC SAFETY $6,553,826 EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY 2020 FY 2021 FY 2022 PUBLIC WORKS Public Works $1,933,043 Snow & Ice Removal $161,817 Street Lights $5,515 SUBTOTAL PUBLIC WORKS $2,100,375 HUMAN SERVICES Council on Aging $344,809 Board of Health $246,076 Veteran’s Services $140,979 Public Assistance $141,620 SUBTOTAL HUMAN SERVICES $873,484 CULTURE & RECREATION Brewster Ladies Library $663,459 Recreation $197,657 Memorial & Veterans Day $1,500 SUBTOTAL CULTURE & RECREATION $862,616 DEBT SERVICE Principal & Interest $2,122,287 SUBTOTAL DEBT SERVICE $2,122,287 INSURANCE, UTILITIES & FRINGE BENEFITS General Insurance $445,000 Utilities $425,171 Fringe Benefits Including OPEB $4,603,156 SUBTOTAL INSURANCE & FRINGE BENEFITS $5,473,327 EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY 2020 FY 2021 FY 2022 OTHER OPERATING EXPENSE & ASSESSMENTS Assessments $28,040 Alewives $4,350 General Stabilization Fund $200,000 Local Service Funding $40,000 Capital Stabilization Fund New In FY22 New In FY22 SUBTOTAL OTHER OEPRATING EXPENSE & ASSESSMENTS $272,390 GRAND TOTAL OF GENERAL FUND OPERATING BUDGETS $20,504,219 Or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT This article will provide funding for the Fiscal Year 2022 operational budget for the Town boards, committees, and departments. The Town’s operational budget, as presented in this article, exclusive of the transfer to the general stabilization fund, has increased x.xx%  Public Assistance: This section is inclusive of funding for the Health & Human Service organizations and fuel assistance.  Assessments: This section is inclusive of funding for Pleasant Bay Alliance, Greenhead Fly and the Historic District.  Local Services Funding: This section is inclusive of Chamber of Commerce, Town Band, Cultural Council, Skipping Program and Millsites. Water Department and Golf Department related operating expenditures are now shown in their own articles in accordance with Massachusetts General Laws Chapter 44, Section 53F½ and Chapter 40, Section 5 respectively. Water, Golf, and Ambulance related capital requests are still contained in the Capital Appropriation Article. Selectmen: Yes 0 No 0, Abs 0 Finance Committee: GOLF DEPARTMENT RESERVE FUND ARTICLE NO. 6: To see if the Town will vote to appropriate from the Golf Fund, in accordance with G.L. c.40, §5F, the sum of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ($x,xxx,xxx) for the purpose of offsetting costs for Fiscal Year 2022 associated with golf department related expenses including, but not limited to acquiring professional services and equipment, personnel and maintaining facilities and operations, including authorization for lease purchases of up to five years; all expenditures to be made by the Golf Department, subject to the approval of the Town Administrator, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT In accordance with Massachusetts General Laws Chapter 40, Section 5F, receipts from Golf Department related activities are used to directly offset Golf Department related expenditures. Voting a spending amount for the Golf Departments allows all receipts and related expenditures to be recorded in one fund. The FY22 Golf Budget reflects up-to-date analysis of the impact of the pandemic on course operations and estimated revenues, and includes modest funding for investment in necessary capital projects, a majority of which will be covered by available reserve funds. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 07, No 0, Abs 0 WATER DEPARTMENT ENTERPRISE FUND ARTICLE NO. 7: To see if the Town will vote, in accordance with G.L. c. 44, §53F1/2, to appropriate from Water Department receipts, transfer from available funds or otherwise fund the sum of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX DOLLARS ($x,xxx,xxx) for Fiscal Year 2022 costs associated with the operation of the Water Department including, but not limited to acquiring professional services and equipment, personnel and maintaining facilities and operations, including authorization for lease purchases of up to five years; all expenditures to be made by the Water Department, subject to the approval of the Town Administrator, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT In accordance with Massachusetts General Laws Chapter 44, Section 53F1/2, receipts from Water Department related activities are used to directly offset Water Department related expenditures including capital and infrastructure costs. Voting a spending amount within the Water Department Enterprise Fund allows receipts and related expenditures to be recorded in one fund. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 COMMUNITY PRESERVATION ACT FUNDING ARTICLE NO. 8: To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2022 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year, with each item considered a separate appropriation to be spent by the Community Preservation Committee, all as set forth below: Estimated revenues FY22 a. Estimated FY22 tax surcharge $1,084,450 b. Estimated FY22 state contribution (15%) $ 162,668 c. FY22 Estimated Revenue Total: $1,247,118 FY22 Appropriations and Allocations d. Historic Preservation Reserve appropriation (10%) $124,712 e. Community Housing Reserve appropriation (10%) $124,712 f. Open Space Reserve appropriation (50%) $623,559 g. Budgeted Reserve* (30%) $374,135 h. Total $1,247,118 * 5% of FY21 Estimated Total Revenues ($62,356) is appropriated for Administrative Expense, leaving a net total of $311,779 in Budgeted Reserve. Purpose Item Funding Source(s) Amount 1 Historic Preservation a. Brewster Natural Resources Department/Mill Sites Committee – Retaining Wall project Stony Brook Mill retaining wall reconstruction and restoration Transfer $125,000 from Historic Preservation Fund balance $125,000 Sub-total $125,000 Purpose Item Funding Source(s) Amount 2 Community Housing a. Town of Brewster Town Administration- Housing Coordinator Payroll and operating costs for Part Time Housing Coordinator position to assist public with affordable housing program Transfer $51,096 from Community Housing Fund balance $51,096 b. Cape and Islands Veterans Outreach Center - Veterans Home in Dennis Supportive housing for homeless veterans Transfer $52,500 from Community Housing Fund Balance $52,500 Sub-total $103,596 3 Open Space a. Community Preservation Bonded Debt Service Payment of debt principal and interest for the BBJ Property, and Bates Property bonds Transfer $203,683 from Open Space fund balance $203,683 Sub-total $203,683 4 Reserves for Community Preservation a. Habitat for Humanity – Red Top Road Community Housing Creation of 2 affordable homes on Red Top Road Transfer $105,000 from Budgeted Reserve $105,000 b. Brewster Affordable Housing Trust Fund - Rental Assistance Program Funding for Rental Assistance Program Transfer $150,000 from Budgeted Reserve $150,000 c. Dog Park Development Committee – Dog Park Creation of Brewster Dog Park Transfer $185,000 from Budgeted Reserve $185,000 d. Administration Expense Administration and operating expenses for Community Preservation Committee Fiscal Year 2022 CPA estimated annual revenues $62,356 Sub-total $502,356 Grand Total $934,635 For Fiscal Year 2022 Community Preservation purposes, each item is considered a separate appropriation to be spent by the Community Preservation Committee; provided however, that the above expenditures may be conditional on the grant or acceptance of appropriate historic preservation restrictions for historic resources, open space restrictions for open space reserves, and housing restrictions for community housing, running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures, meeting the requirements of G.L. c.184 and G.L. c.44B, Section 12, and to authorize the Board of Selectmen to convey or accept such restrictions; Further, to sunset the administrative expense authorization at the close of the fiscal year and transfer any unused balance to the fund balance reserved for Community Preservation; And further, any revenues received in excess of the estimated receipts are transferred to their respective reserve fund balance(s) for future appropriation using the allocation formula of 50% Open Space, 10% Housing, 10% Historical and 30% for Community Preservation Reserve. Or to take any other action relative thereto. (Community Preservation Committee) (Majority Vote Required) COMMENT In May of 2005, Brewster approved a ballot question which allowed for the adoption of the modified Community Preservation Act (“CPA” or “Act”). As required by law, the Town also, by bylaw, created a Community Preservation Committee (“CPC”). In Brewster, the Act imposes a 3% surcharge on the Town’s real estate tax revenues, which surcharge, along with any amount received from state as matching funds, is reserved in a special fund in order to finance projects and programs for the following purposes: acquisition, creation and preservation of open space; acquisition, preservation, rehabilitation and restoration of historic resources; acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; acquisition, creation, preservation and support of community housing; and for the rehabilitation or restoration of open space and community housing that is acquired or created as provided in the Act. Each year, the Town must estimate the amount of the 3% surcharge to be collected and the amount of state matching funds to be received, referred to generally as “estimated annual revenues”. We anticipate a reduced reimbursement rate from the State for Fiscal Year 2022, which is projected at 15%. The Town’s CPC Bylaw establishes a distribution schedule for CPA estimated annual revenues as follows: 50% of the funds for open space, 10% for community housing, 10% for historic preservation, with the 30% balance, the Budgeted Reserve, available for housing, historic preservation and/or active or passive recreation projects by appropriation. 1. Historic Preservation: a. Brewster Natural Resources Department and Mill Sites Committee – Stony Brook Mill retaining wall restoration – The historic Stony Brook Gristmill 2.69 acre site is divided east and west by Stony Brook, and north and south by Stony Brook Road. The Gristmill and mill ponds are located on the south side, with historic foundations and paths on the north side. The Lower Mill Pond dam was constructed to increase water levels in the pond for power for the gristmill, as well as to provide passage for migratory fish into the headwater ponds. A water control device is installed on the dam to control water into the “millers pond” which operates the mill. The retaining wall, a historic landmark, supporting this pond is failing and is in danger of collapse. And the stone masonry wall in the main pool near the street is also degraded. The wall forms the western side of the fish run. In order to function safely, and to protect the diadromous (migratory) fish run and water source for the gristmill, the wall needs to be rehabilitated or replaced. Total Project Cost: $457,700 CPC Request: $125,000 CPC Vote: 8-0-0 Estimated balance (reserve plus FY22 estimated revenues) if items approved: $475,174 Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 2. Community Housing: a. Town of Brewster- Housing Coordinator - This item will fund the part-time Housing Coordinator position. The Community Preservation Committee has supported the Housing Coordinator position since 2017. The hiring of a housing coordinator was identified as a key strategy in the Brewster Housing Production Plan. The Housing Coordinator holds hours for the public weekly, supports multiple town committees, including the Housing Trust and Housing Partnership, works with regional housing agencies and organizations in town to promote housing choice. The housing coordinator is an integral part of the Town housing efforts, outlined in both the Town Vision Plan and the Select Board strategic plan. The Housing Coordinator helps to acquire, create, preserve and support community housing. Last year, the Housing Coordinator's work hours were increased to 25 hours per week, due to the growth of housing programs and initiatives. The FY22 request is to continue the position at 25 hours per week with the CPC providing funding for the salary and the Town providing funding for all benefits of the position. Our housing program continues to be a partnership of many town entities. Total Project Cost: $85,874 CPC Request: $51,096 CPC Vote: 8-0-0 Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 b. Cape and Islands Veterans Outreach Center - Veterans Home in Dennis - The Veterans Home in Dennis will provide supportive housing for five homeless veterans on Cape Cod and is sponsored by the Cape and Islands Veterans Outreach Center (CIVOC). The final goal of the project is to stabilize the circumstance of the veterans’ lives so that they are empowered to eventually move forward into their own independent and sustainable living situations. In March 2020, construction began on a 3500 sf, five-bedroom, five bath home at 1341 Route 134, Dennis. This home will be the location of the Supportive Housing Program which CIVOC has been implementing since 1996. The $50,000 Brewster CPC award will be used toward defraying construction expenses and thus reducing or eliminating the need for a mortgage on the property. An additional $2,500 of CPA funds will be set aside to cover the CPC’s legal expenses related to the project. Total Project Cost: $1,018,975 CPC Request: $52,500 CPC Vote: 8-0-0 Estimated balance (reserve plus FY22 estimated revenues) if items approved: $134,191 Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 3. Open Space: a. Community Preservation Bonded Debt Service- This item pays for the $271,695 in FY 2022 principal and interest on 3 CPA (BBJ 1 and 2 and Bates) open space acquisitions that were financed via long term bonding. Estimated balance (reserve plus FY22 estimated revenues) if items approved: $923,008 Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 4. Reserves for Community Preservation: a. Habitat for Humanity – Red Top Road Community Housing - Habitat for Humanity proposes to build 2 high quality three-bedroom affordable homes at 26 Red Top Road on land donated by a private Brewster resident. Habitat for Humanity Cape Cod provides homeownership opportunities for families at income levels not served by other affordability programs. Habitat’s home pricing model, along with financing assistance for qualified buyers, allows a household earning 40% of area median income, as adjusted for family size, to afford a home. The homes will be affordable in perpetuity, and will count on Brewster’s DHCD Subsidized Housing Inventory. Habitat intends to ask DHCD for a “veteran preference” pool for the family selection for one of the two homes, and for the other home to be open to Barnstable County residents. $100,000 of the award will go toward construction costs. $5,000 will be set aside to cover legal expenses incurred by the CPC in connection with the award. Total Project Cost: $786,884 CPC Request: $105,000 CPC Vote: 8-0-0 Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 b. Brewster Affordable Housing Trust Fund – Rental Assistance Program: This item would fund the Brewster Affordable Housing Trust Rental Assistance Program (B-RAP) for two additional years. Over the past years, and exacerbated with the Covid-19 pandemic, year- round rental housing has become more difficult for Brewster households to afford. The Brewster Affordable Housing Trust Rental Assistance Program (B-RAP) assists low and moderate income Brewster households to both attain and retain rental housing. Using previous CPA funding, approved at the 2018 Fall Special Town Meeting, the Housing Trust developed the B- RAP program in response to identified needs in the community and designed the emergency assistance component in coordination with eight Lower Cape Towns and local social service agencies. The program, managed by Housing Assistance Corporation (HAC), provides a monthly rental subsidy as well as case management support to assist residents in affording rentals. The emergency Covid-19 assistance component provides funds to help households impacted by Covid-19 maintain their rental housing. Prior to using B-RAP funds, HAC works with applicants to access financial assistance from federal, state, and county programs as well as private donations. This initiative keeps Brewster residents housed, supports the health of the community, and provides landlords with needed funds. Total Project Cost: $786,884 CPC Request: $105,000 CPC Vote: 8-0-0 Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 c. Dog Park Development Committee – Brewster Dog Park: This item will provide funding to contract for the construction and other related costs of the Brewster Dog Park located on the town owned property on 631 Harwich Road in Brewster. The Dog Park will cover an area of approximately 2.5-3 acres and will have separate fenced areas for small and larger dogs. The Stanton Foundation has committed to pay for 90% of the construction costs up to a maximum of $225,000. The CPC determined that Community Preservation Act (CPA) funds may properly be used for this project as it will create land for recreational use, and it supports the goals of providing multiple active and passive recreation uses. It will serve a significant number of residents and visitors, and will expand the range of recreation opportunities available to all ages of Brewster residents and visitors. Total Project Cost: $410,000 CPC Request: $185,000 CPC Vote: 4-3-0 Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 d. Administrative Expense- This item will fund the costs associated with general administrative and operating expenses, including but not limited to legal and other professional consulting services, related to carrying out the operations of the Community Preservation Committee. The Community Preservation Act allows up to 5 % of expected annual revenues for this purpose. Estimated balance (reserve plus FY22 estimated revenues) if items approved: $496.181 Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 CAPITAL AND SPECIAL PROJECTS EXPENDITURES ARTICLE NO. 9: To see what sums the Town will vote to raise and appropriate and/or transfer from available funds for the capital outlay expenditures listed below, including, in each case, all incidental and related costs, to be expended by the Town Administrator with the approval of the Board of Selectmen, except School expenditures to be made by the School Superintendent with the approval of the School Committee; authorize leases and lease purchase agreements for more than three but not more than five years for those items to be leased or lease purchased, and further that the Town Administrator with the approval of the Board of Selectmen or School Superintendent with the approval of the School Committee for school items, be authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced, all as set forth below: Department Item Funding Source(s) / Appropriation or Transfer Amount 1 Select Board Sub-Total $ 2 Elementary School Department a. b. c. d. Sub-Total $ 3 Nauset Regional School District a. Capital Plan Projects Professional services and costs, including procuring, engineering, permitting, repair and maintenance of buildings, grounds, and equipment within the Nauset Middle School and Nauset High School Raise and appropriate $266,135 Sub-Total $266,135 4 Natural Resources a. Sub-Total $ 5 Information Technology a. b. c. Sub-Total $ 6 Water Department a. Construction Account Costs for goods, materials and services to maintain and repair the Town’s water system Water Receipts Reserved for Appropriation $ Sub-Total $ 7 Department of Public Works a. Road & Drainage Projects Professional services, including engineering, permitting and construction costs, for Town road maintenance and drainage projects General Fund Free Cash Sub-Total $ 8 Fire Department a. Personal Protective Equipment Costs for purchase of personal protective equipment Ambulance Receipts Reserved for Appropriation $ b. c. Sub-Total $ Grand Total $ Or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT 1. BOARD OF SELECTMEN 1a. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 1b. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 1c. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 1d. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 2. ELEMENTARY SCHOOL DEPARTMENT 2a. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 2b. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 2c. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 2d. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 3. NAUSET REGIONAL SCHOOL DISTRICT 4a. Capital Plan Projects – The District is seeking funding in the amount of $xxx,xxx which is an assessment for the capital equipment and facilities budget for the Nauset Schools. This program was originally approved by means of a Proposition 2 ½ Override question in May of 2005. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 4. NATURAL RESOURCES 4a. 0 Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 5. INFORMATION TECHNOLOGY 5a. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 5b. 0 Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 5c. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 6. WATER DEPARTMENT 6a. Construction Account – This request represents the annual appropriation for goods, materials and services to maintain and repair the water system. It also includes water meters for new services and replacement as required under State regulations. This account is part of the department’s capital plan and is provided for within the present water rate structure. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 7. DEPARTMENT OF PUBLIC WORKS 7a. Road and Drainage Projects – This request provides funding for the Town’s annual road and drainage repair fund. This is an all-encompassing account used for road maintenance and to repair local drainage issues, street sweeping, catch basin cleaning, and disposal of sweepings and catch basin cleaning. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 8. FIRE DEPARTMENT 8a. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 8b. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 8c. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 SPECIAL REVENUE FUND/Cable Franchise Fee Account ARTICLE NO. 10: To see if the Town will vote to appropriate from the Cable Franchise Fee Special Revenue Fund the sum of XXXXXXXXXXXXXXXXXXXXXXXXXXXX ($xxx,xxx), for the purpose of offsetting costs associated with providing local cable television related purposes, the sum of including, but not limited to the general public purpose of supporting and promoting public access to the Brewster cable television system; training in the use of local access equipment and facilities; access to community, municipal and educational meeting coverage; use and development of an institutional network and/or municipal information facilities; contracting with local cable programming services providers and/or any other appropriate cable related purposes, and including all incidental and related expenses, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT Included within each resident’s cable bill is a line item to provide for the costs of local cable television services. These monies are retained in a special revenue account and are used to enhance local cable programming for the town’s public, education and government channels. These funds will be used to continue these informational and educational services, and may include, but is not limited to, equipment purchases, contracted services, construction services, and labor expenses. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 ACCEPTANCE OF GRANTS AND GIFTS ARTICLE NO. 11: To see if the Town will vote to authorize the Board of Selectmen and Elementary School Committee to apply for and accept any and all grants or gifts from Federal, State, and local governments, charitable foundations, private corporations, and individual and private entities, and to expend those funds for the purposes for which grants are authorized; and to authorize the Treasurer, in anticipation of grant proceeds to borrow amounts under and pursuant to Massachusetts General Laws Chapter 44, Section 7 or 8, or any other enabling authority, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT In any given year, Town Boards, Committees and Departments apply for a wide variety of grant opportunities from Federal, State or private entities. Often these grants are reimbursable programs, in which the Town must borrow the funds, complete the work, provide documentation and then file for reimbursement. This annual authorization will provide the Board of Selectmen with the tools to pursue these special opportunities in a timely manner. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 REPAIR AND RESURFACE TOWN ROADS/Chapter 90 Funds ARTICLE NO. 12: To see if the Town will vote to authorize the Board of Selectmen to apply for and accept State Grants from the Massachusetts Department of Transportation Highway Division (Chapter 90), and to expend those funds for the purposes of state approved Chapter 90 projects, services, and purchases; and to authorize the Treasurer, in anticipation of grant proceeds to borrow amounts under and pursuant to Massachusetts General Laws Chapter 44, Section 7 or 8, or any other enabling authority, or take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT The Chapter 90 Program was enacted in 1973, by the Commonwealth in order to provide municipalities with reimbursement for documented expenditures under the provisions of General Laws, Chapter 90 on approved road projects. The funding, provided from Transportation Bond Issues, authorizes such improvement projects for highway construction, preservation and improvement projects that create or extend the life of transportation facilities. These funds must be used in compliance with all applicable statutes and regulations, as applicable for maintaining, repairing, improving and constructing Town ways which qualify under the State Aid Highway guidelines adopted by the Massachusetts Public Works Commission (MPWC). Funds must be allocated to roadway projects, such as resurfacing and related work and other work incidental to the above such as preliminary engineering, right-of- way acquisition, shoulders, side road approaches, landscaping and tree planting, roadside drainage, structures, sidewalks, traffic control and service facilities, street lighting, and for such other purposes as the MPWC may specifically authorize. The Town is required to appropriate these monies as an available fund, and is then reimbursed by the State upon the completion of the project and payment to the vendor. The anticipated amount of Chapter 90 funds from the State for FY22 is $xxx,xxx, consistent with prior year actuals. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 PROPERTY VALUATION SERVICES CONTRACT ARTICLE NO. 13: To see if the Town will vote to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts for the purposes of conducting revaluations of real and personal property for up to a five year period, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT The Town contracts with an outside firm for property valuation services required to annually set assessed value, collect new growth, and perform property inspections. The Town will solicit and evaluate bids received from private firms. The Town then awards a contract to the firm or individual submitting the most advantageous proposal, taking into consideration the proposal’s relative merit and price. In this case, the Town is seeking to issue a contract for a five year period, which requires Town meeting approval, in accordance with MGL Chapter 30B. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 FIRE UNION COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 14: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and International Association of Firefighters Local 3763, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT This article will fund the costs associated with the contract settlement expenses between the International Association of Firefighters Local 3763 and the Town. The current contract expired on June 30, 2020, and the Town expects to agree to updated terms with the Union by Town Meeting. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 POLICE UNION COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 15: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and Brewster Police Union, Massachusetts Coalition of Police, Local 332, AFL-CIO, for a term effective July 1, 2021 through June 30, 2022, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT This article will fund the costs associated with the contract settlement expenses between the Police Union and the Town. The current contract expires on June 30, 2021. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 SEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 16: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and Service Employees International Union, Local 888, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT This article will fund the costs associated with the contract settlement expenses between the Service Employees International Union, Local 888 (DPW, Water and Golf), and the Town. The current contract expires on June 30, 2021. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 OPEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 17: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and Office and Professional Employees International Union, Local 6, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT This article will fund the costs associated with the contract settlement expenses between the Office and Professional Employees International Union, Local 6 and the Town. The current contract expires on June 30, 2021. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 LADIES LIBRARY UNION COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 18: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to fund the cost items for the first fiscal year of the proposed Collective Bargaining Agreement between the Brewster Ladies Library Association and the Service Employees International Union, Local 888, Brewster Library Employees, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT This article will fund the costs associated with the contract settlement expenses between the Ladies Library Association and the Library Union. The current contract expires on June 30, 2021. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 NON-UNION PERSONNEL WAGE FUNDING ARTICLE NO. 19: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to fund wage and salary adjustments effective July 1, 2021 for eligible and non-union employees dictated by the Compensation Plan developed pursuant to the Personnel Bylaw, Section 36-4 of the Brewster Town Code, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT This article will fund the costs associated with the wage adjustment for employees covered under Personnel Bylaw Agreements and other non-union employees for fiscal year 2022. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 CITIZEN PETITON/5 Year Cost Estimate to Operate Dog Park ARTICLE NO. 20: To see if the Town will direct the Board of Selectmen to require a 5-year estimated administration, operations and maintenance plan with proposed budget, to include the method and cost of addressing waste containment and disposal, to be presented to the taxpayers before Town meeting may allocate any Town land for the development of a Dog Park; or to take any other action relative thereto. (Citizen Petition) (Majority Vote Required) COMMENT (from Petitioner) It is poor fiscal policy to commit public land and resources to a construction project, particularly for a facility that would collect and dispose of waste, without first having some future-cost analysis performed and presented to taxpayers. Under Massachusetts public construction laws, most public construction projects are required to define, or at least estimate, the on-going operation and maintenance costs for the life of the facility. This is necessary to voters the true picture of the fiscal commitment. Even donated services and materials need to be quantified, so that in the donation falls-through or cannot be maintained, Town budgets or alternate funding sources can be secured. There are fewer than 1200 licensed dogs in Brewster. The Committee and the advocating Select Board members have stated that they view this proposed park as an attraction, which implies that it will draw a much greater number of dogs and dog waste, which presents an unquantified liability. To date, neither the Committee nor the Select Board Advocates have provided any estimates on the number of users, the volume of waste, the operational plans, the burden on existing staff, the cyclical maintenance schedules, the periodic repairs, the ongoing administration, or any of the responsibilities that would come with this project. Instead, we are told that the construction could be paid for by others and that, so far, we would be relying on donated bags and donated poo removal services form a private company. I remind voters that when the Mutt Mitt Company ceased their donation of poo pick-up bags, the Town found that cost prohibitive, and the sites where the donated dispenses were located became foul and un-bearable. It was years before we were able to clean-up, restore and reclaim those polluted parks and trails. Select Board Advocates have implied that a cost analysis is somehow “impossible”, or “out-of- sequence”, or “too late”. That is absurd. This work should have been done concurrent with the design. Now that the Town has a materials and construction estimate, it would be very easy to calculate multiple cost-planning scenarios. The only obvious reason for not doing the analysis is fear that identification of all the costs and ongoing responsibilities will alarm taxpayers and slow the project. As evidenced through the two-year long Brewster Visioning effort, our citizens are aware, and we are already observing mounting obligations in the form of school costs, deferred maintenance, increasing public service demands, the desire for more services, and a new Council on Aging/Community Center. Our government has a duty to reveal all of the secret anticipated costs and responsibilities that run with any public project, particularly a construction project of this magnitude, designed to attract visiting and neighboring users and their dog waste to otherwise highly valuable land. Town Meeting is the only body that can demand a full cost analysis when the administration has not presented one. Please demand full disclosure. Thank you Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 CITIZEN PETITON/Climate Emergency and Net Zero Declaration ARTICLE NO. 21: To see if the Town will vote to approve the following: Be it resolved that the Town of Brewster recognizes that the climate emergency – driven by human activity including fossil fuel consumption and land use practices leading to global warming, rising seas, deadly storms, dangerous heat waves, acidifying oceans, and melting ice sheets – poses a threat to the health, safety, and economic security of our residents, especially our children and future generations, and to our natural resources. The Town of Brewster therefore adopts the following policy objectives: (1) Reduce net greenhouse gas emissions from human activity within and by the Town to zero at the earliest technically and economically feasible time, and (2) Reduce the Town’s vulnerability to climate change. Further, the Town requests that the Select Board and Town Administration integrate these priorities into their strategic planning efforts, direct all Town officers and departments to take such measures within the scope of their respective responsibilities and authority as may be necessary and prudent to facilitate such policy objectives, and actively engage the community in moving these initiatives forward. (Citizen Petition) (Majority Vote Required) COMMENT (from Petitioner) Some threats emerge rapidly, while others build slowly. This “Climate Emergency and Net Zero Declaration” is an acknowledgement of current scientific knowledge and recent local experience. Human activity is changing our climate. Our community is highly vulnerable to severe storms, flooding, rising sea levels, shifting habitats, public safety threats, and economic disruptions. Brewster is taking important steps to adapt to climate change by identifying vulnerabilities and increasing resiliency, including:  Achieving state “Municipal Vulnerability Preparedness” designation in 2019 to help alleviate threats to public safety, property, roads, utilities, and neighborhoods.  Forming a new Natural Resources Commission in 2020 to help respond to change along our coastline and safeguard ecosystems and the essential services they provide. While adaptation can help alleviate impacts, the latest research indicates that a broad, coordinated effort to dramatically reduce greenhouse gas emissions by 2030 may represent the world’s last chance for preventing the worst effects of climate change. By preserving forests and other open space, Brewster continues to promote and enhance carbon storage. Additional examples of climate mitigation measures by Brewster include:  Hosting solar power projects and buying renewable energy to meet municipal electricity needs while saving tens of thousands of dollars annually.  Achieving state Green Communities designation in 2020, including a commitment to reduce municipal energy use by 20% over the next 5 years.  Banning certain single-use plastics, adopting a stretch energy code for new buildings, extending sidewalks, and adopting a “Complete Streets” policy. Much more can be done, both across municipal operations and the community at large. Priorities include promoting conservation and efficiency in buildings and transportation, moving to renewable energy and clean fuel, improving resource management, and enhancing natural carbon storage—all measures that can strengthen our economy and improve quality of life. By passing this resolution, Brewster will join other Cape Cod towns—and a growing number of communities around the world—in declaring a climate emergency. In addition, our elected officials, town departments, boards, and committees will be empowered to proactively address the climate crisis at the local level by engaging Brewster and its citizens, businesses, and other stakeholders in implementing effective adaptation and mitigation measures. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 CITIZEN PETITION/Private Road Betterment ARTICLE NO. 22: ARTICLE 157 – 9 and 157 – 20 Repair by Town. To see if the Town will vote, regarding only the number of abutters who must sign a petition requesting a road Betterment, to amend sections 9 and 20 of Article 157 as follows: Every instance of the words “more than fifty percent,” “fifty percent plus one” or “majority” shall be replaced by the words “two-thirds” 66.7% rounded up to the next highest whole number,” or take any other action relative thereto. (Citizen Group) (Majority Vote Required) COMMENT (from Petitioner) We realize that this process is a financing tool that the Town provides in order to ease the financial burden for the costs of road reconstruction of folks living on private roads. However, at the same time, it forces citizens to reprioritize where and how they will be spending their money and removes their ability to decide on their own priorities. Everybody needs to prepare for unexpected expenses but not expenses that they feel are unnecessary. In the initial voting portion of the Betterment Process, those who vote yes have clearly prioritized road improvement as a necessary expense. Those who vote no clearly feel that there are other expenses that they feel have a higher priority. Road reconstruction is a huge expense when compared to most home expense items so it does have a major impact. We do not feel that a 50% plus one majority is enough support to trigger such an expense. This especially holds true when a neighborhood is considered a subdivision and all roads treated equally. Nobody should be told how to manage and use their discretionary funds. The Betterment Process results in neighbors telling neighbors how and on what they will have to apply a good portion of their funds. The result is that we have a seemingly positive financing tool negatively impacting the sense of community within a neighborhood. A two thirds vote is considered a Super Majority. By definition in Wikipedia, “A Supermajority in a democracy can help to prevent a small majority from eroding fundamental rights of a large minority.” This should be considered in your review of the Betterment By Law. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 TOWN CODE AMENDMENT/Private Road Betterment ARTICLE NO. 23: To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 157, by revising Section 20, as shown below, with text to be deleted noted by strikethrough and text to be inserted show in bold and underline, as follows; § 157-20 Repair by Town. A. In the event that a group of property owners who own property on a private road which has been open for public use for at least five years wish the Town of Brewster to finance the repair of their private way, they shall engage an engineer experienced in road construction and repair who shall survey the road in question to develop a plan for the repair of that private road which shall take into consideration the need for additional drainage, new berms, driveway aprons to protect the edges of the repaired road, the filling of existing cracks and the application of one or more layers of bituminous concrete. B. The plan shall specify the projected useful life of the repaired private way, and in no event shall the projected useful life be less than 15 years. All costs of preparing the plan, obtaining cost estimates and preparing the petition described below shall be the exclusive responsibility of the petitioners. C. After the plan has been prepared, the property owners' engineer shall secure at least three bids from established contractors to complete the work outlined Iin the engineer's plan. After receipt of the bids, the property owners shall prepare a petition to the Select Board for the Town of Brewster to finance the work in an amount certain, including a ten-percent contingency amount. The petition shall list the parcels by lot number and map number together with the owners' names of record with a space for each owner to place his or her signature. The petition must state that each signature represents an irrevocable agreement by each signatory to repay to the Town of Brewster, through the mechanism of a betterment added to each owner's real estate tax bill, his or her pro-rata share of the total amount to be financed plus interest and administrative costs, which Town administrative costs shall not exceed 4% of the project. The petition shall not be presented to the Selectmen unless 50% of all the abutters to the road plus one more abutter shall have agreed to the project and its financial commitment by having signed it. D. The petition, accompanied by the engineer's plan, a map of the private way to be repaired and backup for the cost estimates shall be submitted to the Selectmen's Office on or before November 30. The Selectmen shall refer every such petition to the Assessor's Office for verification of signatures and confirmation that more than 50% of abutters have signed. The Selectmen shall consider all submitted petitions that pass the Assessor's examination prior to December 31. If the Selectmen determine that the proposed repairs are in the public interest and if the Selectmen determine that these repairs are within the financial capability of the Town, the Select Board shall refer each petition so determined to the Planning Board which shall conduct a public hearing on each petition on or before February 28 to evaluate the plan, examine the cost estimates and hear from both the abutters and the general public. The Planning Board shall either endorse the plan by a simple majority vote and return it to the Selectmen, recommend changes in costs or scope of the plan or disapprove the plan by a simple majority vote. E. If the Planning Board approves any such plan, the Select Board may place the plan on the warrant for the next Annual any special or annual Town Meeting. If the Planning Board suggests modifications or changes in scope of costs, the Select Board may, at its option, send out proxies to the abutters noting scope and cost changes or it may return the project to the petitioners. If proxies are sent out, they must be returned at least 45 days prior to by March 31 if the project is to be considered at the Annual Town Meeting at which they are to be considered. If the proxies are returned by March 31 within such time, the Selectmen may place the project on the Annual Town Meeting Warrant, provided that more than 50% of the abutters approve the revisions. Long-term financing may be issued for said project by the Town for up to a fifteen-year period. F. If the Annual Town Meeting votes to endorse and finance the project, the engineer who did the original plan shall be named "Project Manager." He shall prepare a new request for quotations with the bids to be directed to the Town Administrator. The Project Manager and the Town Administrator shall select the best bid to do the work. The Project Manager shall advise the Superintendent of Public Works 48 hours in advance of each phase of the project and certify, in writing, to the Superintendent of Public Works that each phase of the work has been completed to the Project Manager's satisfaction. The Superintendent of Public Works shall inspect the completed work and certify to the Town Accountant that the work is completed so that payment can be made. G. For a group of private roads within a subdivision in which membership in a neighborhood property owners' association is automatic or mandatory, the same procedure shall be used for any petition filed on or after July 1, 2019, provided that: (1) So long as a majority of the owners of the lots abutting the group of private ways to be repaired signs the petition required by Subsection B above. Where a lot has frontage on, and derives access from, more than one group of roads, the owner of such lot shall be entitled to only one vote. Owners of lots that are assessed as unbuildable and lots that may not be built upon pursuant to a deed restriction, conservation restriction or other recorded instrument shall not be entitled to vote, and such lots shall not be subject to betterment assessments hereunder.; and (2) So long as the group of private ways to be repaired is owned or controlled, directly or indirectly, by the neighborhood association or its members. H. The Town of Brewster shall incur no liability for any damages of any nature whatsoever arising from the project by virtue of the Town's agreeing to finance any repair of a private subdivision way. The abutters who accept Town financing shall be deemed to have indemnified and held the Town harmless against any and all such claims. I. Any private way improved under the provisions of this bylaw need not be brought up to full Town road standards. Any private way improved under the provisions of this bylaw shall continue to remain a private way. (Board of Selectmen) (Majority Vote Required) COMMENT This article is intended to give residents the ability to bring private road betterment petitions to either Annual or Special Town Meeting. This change is being proposed based on Town Meeting turnout data over the past 16+ years. The article also seeks to both clarify how betterment petition votes for certain lots are calculated and memorialize past practice in how neighborhood betterment project votes are calculated. This betterment procedure may be utilized by residents, many of whom live on private ways, interested in undertaking repairs to this critical infrastructure. This articles is substantively related to article 22, Citizen Petition/Private Road Betterment and will be treated as a single article for purposes of drawing the articles at Town Meeting. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 HUNTING ON TOWN PROPERTY (Punkhorn) ARTICLE NO. 24: To see if the Town will vote to support the prohibition of all hunting activities in the so-called Punkhorn Parklands (advisory only)… (Board of Selectmen) (Majority Vote Required) COMMENT Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 CITIZENS PETITION/Hunting on Town Property (Punkhorn) ARTICLE NO. 25: To see if the Town will vote to…… (Citizens Group) (Majority Vote Required) COMMENT Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 SALE OF TOWN PROPERTY ARTICLE NO. 26: To see if the Town will vote to authorize the Board of Selectmen to solicit bids and/or proposals, enter into a contract or contracts for the purposes of selling a parcel of Town-owned property located XXXXXXXXXXXXX and identified by the Town Assessor as Map XXX, Parcel X, on such other terms and conditions or for such amount as the Select Board deems to be in the best interest of the Town; to authorize the Select Board to execute and deliver all instruments and agreements as the Select Board may deem necessary to effectuate such conveyance; or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 CAPTAINS GOLF COURSE RESTAURANT LEASE ARTICLE NO. 27: To see if the Town will vote to authorize the Town Administrator to solicit proposals and enter into a contract for the lease of the restaurant facilities at the Captains Golf Course for up to a five year period, or to take any other action relative thereto. (Board of Selectmen) (Majority Vote Required) COMMENT The Town leases out the operation of the restaurant facilities at the Captains Golf Course to a private vendor by means of a Request for Proposal (RFP) process. The RFP process allows the Town to weigh the relative merits of proposals submitted by competing vendors. The Town then awards a contract to that firm or individual submitting the most advantageous proposal, taking into consideration the proposals’ relative merit and price. In this case, the Town is seeking to issue a contract for a period greater than three years, which requires town meeting approval, in accordance with MGL Chapter 30B. Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 CITIZENS PETITION/School Choice ARTICLE NO. 28: WHEREAS the four towns in the School District, Brewster, Orleans, Eastham and Wellfleet send approximately 605 students per year with the remaining 300 students attending under either a tuition agreement (100 students from Providence and Truro ) or as CHOICE students neither of which pay full costs resulting in a cost shift of financial subsidies to taxpayers in the School District: WHEREAS a number of taxpayers object to continued funding of deficiencies in annual operating costs and capital acquisitions for students outside the district and the addition of debt services costs that will be associated with the NRHS construction project. THEREFORE, it is proposed by the taxpayers of Brewster that their Select Board promptly and urgently negotiate an agreement with the School Committee to reduce the subsidy burden on the taxpayers over time and make such agreement known to the town taxpayers. Such agreement would freeze the School District commitment to CHOICE students to those students already promised a spot in grades 6 through 12. No additional CHOICE spots will be committed. Additionally, the School District will make every effort to collect full costs for Tuition students recognizing the three types of costs: operating, capital and debt service. This agreement will continue for seven(7) years at which time the Select Board and the School Committee agree to revisit the plan to decrease the substantial subsidy. ,or to take any other action relative thereto. (Citizen Group) (Majority Vote Required) COMMENT (from Petitioner) Selectmen: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 TOWN CHARTER ARTICLE NO. 30: To see if the Town will vote to… 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. 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. 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. 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. 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. 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 (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 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 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. 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. 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. 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. 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. 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; 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 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 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. 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. 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 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. 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. (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. 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 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 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. You are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting as aforesaid. Given under our hand and Seal of the Town of Brewster affixed this __th day of April 2021. ___________________________________ Mary W. Chaffee, Chair ___________________________________ Benjamin W. deRuyter, Vice Chair ___________________________________ Cynthia A. Bingham, Clerk ___________________________________ David C. Whitney ___________________________________ Edward B. Chatelain I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Annual Town Meeting of May 15, 2021 by posting attested copies thereof, in the following locations in the Town on the __th day of April 2021. Brewster Town Offices Café Alfresco Brewster Ladies Library Brewster Pizza House The Brewster General Store Millstone Liquors U. S. Post Office _________________________________ Roland W. Bassett, Jr. Constable 3/1/21 (RA/LW) 1 Operations and Maintenance Plan 2021 MISSION STATEMENT To create formal guidelines regarding the operations and maintenance of a new dog park and in the Town of Brewster. Brewster, Cape Cod, Massachusetts Brewster Dog Park 3/1/21 (RA/LW) 2 Table of Contents INTRODUCTION.....................................................................................................................................3 BACKGROUND AND HISTORY ...........................................................................................................3 – 5 ASSUMPTIONS.........................................................................................................................................5 SITE SELECTION......................................................................................................................................6 DESIGN FEATURES .................................................................................................................................6 - 7 MANAGEMENT ........................................................................................................................................8 MAINTENANCE .........................................................................................................................................9 VOLUNTEERS.............................................................................................................................................9 EDUCATION................................................................................................................................................9 SANITATION...............................................................................................................................................10 LANDSCAPING............................................................................................................................................10 EQUIPMENT MAINTENANCE.................................................................................................................10 UTILITIES ...................................................................................................................................................11 BUDGET.......................................................................................................................................................11 APPENDICES ..............................................................................................................................................12 - 19 Appendix 1: Dog Park Rendering..........................................................................................................................12 Appendix 2: Dog Park Rules....................................................................................................................................13 - 14 Appendix 3: Nauset Disposal Pledge of Support………………………………………………………….………14 Appendix 4: Agway of Cape Cod Pledge of Support…………………………………………………..…………15 Appendix 5: Friends of Brewster Dog Park Facebook Page………………………………………….………16 Appendix 6: FBDP & Town of Brewster Memorandum of Understanding of Pledge………………16 - 19 3/1/21 (RA/LW) 3 Dog Park Operations and Maintenance Introduction Dog parks have grown in popularity throughout the country as more people have pets and are asking that communities provide recreational opportunities for them. The Town of Brewster is no exception. This planning document has been developed in response to resident advocacy for a “no fee” dog park and to assure that, moving forward, the proposed dog park is successful and well received. This document provides historical information on the background leading up to the development of the Dog Park and associated guidelines. Background and History of Park Establishment Efforts • Public advocacy to establish dog parks dates to the mid 1990’s. • Dog Park Development Committee (“The Committee”) established by Select Board in 2013 to determine the need, evaluate suitable locations, identify amenities necessary for a fully functional dog park, make recommendations on funding for capital and operating costs, and identify/incorporate other stakeholders in the public participation process. • Numerous sites evaluated over several years. • Site near Police Department approved by Select Board in December 2017. • The Stanton Foundation awarded Brewster a Phase 1 $25,000 park design grant in February 2018, with the possibility of a Phase 2 grant of up to $225,000 for construction. • The Berkshire Design Group created design proposals and community input was provided at public meetings in 2018. • Author and dog park expert Marilyn Glasser consulted with the Committee on important park attributes and construction flaws to avoid. • The Vision Committee identified a dog park as an amenity desired by the citizens of Brewster. • Public engagement: o Public input solicited at multiple meetings (2018-2019) o Town website updates posted, flyers distributed. • The non-profit group, Friends of Brewster Dog Park (FBDP), was established for fundraising and other activities in 2019. The FBDP filed for non-profit status (pending) with the Internal Revenue Service and in the interim, the Agway Charitable Foundation is serving as the fiscal sponsor allowing tax-deductible donations to be made to the Dog Park. • Project was bid for the first time in April 2019. Three companies submitted lump sum bids that ranged from $468,000 - $567,000. Community Preservation Committee (CPC) approved $50,300 in funding. Based on data received from the Stanton Foundation, it was determined the Town had narrowly missed the preferred bid timeframe. Stanton Foundation studies found that the preferred time of year to seek bids was fall and winter. 3/1/21 (RA/LW) 4 • Based on the Stanton studies and additional recommendations it was determined to go back out to bid in October 2019 with a line item bid when constructions costs were expected to be lower. If the costs came in too high again then the committee could learn where the costs were and consider rebidding in January 2020. • Project was bid for second time October 2019. Four companies submitted line item bids that ranged from base bids of $425,000 to $553,000 and an additional cost for the alternatives (full design) ranging from $509,000 to $564,000). CPC approved $52,800 for recreational use to assist with the development. • Because the second round of bids were consistent with the first round, despite an expectation of being lower, it was recommended to the Committee to not revise the bid package to go out to bid a third time in January. The Committee could keep trying to strip down the design but to create a well-designed, safe, fully accessible dog park that the Town wanted it would cost ~$500,000. • Faced with the dilemma of choosing the best path forward, the Committee voted to rescind the fall 2019 CPC request in the Town Warrant. • The Committee has worked effectively for several years in moving this project ahead, but with the disappointing results of two rounds of bids it sought guidance from the Select Board and Town Administration in December 2019. • The Select Board and Town Administration directed the Committee to proceed with a multipronged approach that could include: o Approaching the CPC for additional funding; o Having Brewster Department of Public Works (DPW) perform some of the work; o Continue to explore grants, state budget, and earmarks and continue the successful FBDP fundraising. COST Overview: • April 2019 bid results ranged from $468k - $567k. • October 2019 bid results ranged from $425k - $553k • Feb 2021 – bids results ranged from $402k-$1M. FUNDING PLAN: Construction funding: • The Stanton Foundation awarded the Town $25k in 2018 to design a park, completed by Berkshire Design Group. • The Stanton Foundation will award the Town a $225k construction grant, phase 2 with the approval of the dog park at town meeting and securing CPA funds. • The Friends of Brewster Dog Park, Inc. (FBDP), a non-profit will donate $50k towards constructions costs which will be used to fund the bid alternates (e.g. water fountains, signs, waste stations, shade trees, benches) coordinated by the Town. • The balance of construction funding, $185k was approved (Feb ’21) by the Community Preservation Committee using Community Preservation Act (CPA) funds. CPA funds are 3/1/21 (RA/LW) 5 collected in an annual 3% local property tax surcharge (not a tax increase) and amounts collected are currently matched by the State at 35%. Operating & Maintenance funding: • The FBDP provided a draft Memorandum of Understanding to the Town outlining their role in running the day-to-day operation of the dog park with volunteer Stewards. The goal is to minimize the burden on the Town, both in management and financial obligations. • Agway of Cape Cod is committed to supporting the dog park by donating or heavily discounting needed supplies, and construction items including Mutt Mitts, benches, plants, mulch, and other items necessary long-term sustainability of the dog park. • Nauset Disposal has agreed to be a park supporter through the in-kind donation of waste disposal. • The Stanton foundations phase 3 program awards grants for capital improvements and repairs outside of regular maintenance. The park is eligible for grants at 12, 18 and 24 months after opening. Each grant may be equal to 5% (approx. $22,500 assuming a $450k build) of construction costs. • In addition to the $50,000 commitment towards the construction FBDP anticipates fund raising activities s to make improvements to the park (shed, safety and maintenance equipment etc.) to ensure that the dog park is not a maintenance burden to town residents. • The FBDP has met with Cape Abilities and the Latham Center, to increase community involvement recruit and train stewards as volunteers to assist with the operation of the park and participate in fundraising activities. It is expected that Brewster, much like many other dog parks both locally and nationally, will have a strong group of volunteers, when the park is approved. Assumptions • The Dog Park Development Committee was established in response to a community desire for a dog park. • Dog parks are valuable community amenities, like other recreational facilities. • Municipal dog parks are increasingly popular recreational facilities where dogs and their owners can exercise, play and socialize in a safe, off-leash environment. • Parks allow people to learn helpful dog management strategies from each other. • Parks allow dogs to have social interaction and off leash exercise with other dogs. • Dog parks are a place for non-dog owners to recreate and socialize too. • Brewster has about 1,175 licensed dogs. • A dog park would benefit both residents and be attractive to visitors. About 30% of the Cape’s summer visitors travel with their pet. • A dog park allows a safe alternative to our beaches in the summer, and other areas where dogs are prohibited • A dog park provides an alternative to open conservation lands which may be heavily infested with ticks. 3/1/21 (RA/LW) 6 Site Selection The Dog Park will be comprised of approximately 2.4 acres and is located on a portion of town- owned property located on Harwich Road in Brewster and shown on Assessor's Map 64, Parcel 28 (The Premises). The large dog section will be approximately 45,000sf or 1 acre, and the small dog section will be approximately 21,500sf or ½ acre. The Premises is under the care and control of the Select Board, is comprised of approximately 41.28 acres, and is more particularly described in a deed to the Town of Brewster, dated 15 August 1995 recorded with Barnstable Registry of Deeds in Book 9799, Page 016. The dog park site was chosen due to limited abutters, was adequately sized, was town owned, and was not being used for any other purpose. Design Features • 2 play areas: one for small dogs and one for large dogs • Double-gated park entrance • Shade areas (retaining select trees) • Water stations • Play mounds • Benches • Designated parking with expansion possibilities • Handicapped accessible with a hardscape walking Pathways inside the park • Signs with rules and polices • Dog waste bad dispensers and waste receptacles 3/1/21 (RA/LW) 7 ! Fence Height and Material: 5 foot or 6 foot (depending on which size is more economical) vinyl coated chain link fences. Double-gated entries to allow for dog owners to unleash the dogs in a corral prior to letting the dog run free. ! Surfacing: Multiple surfacing types including rice stone, asphalt, and mulch. ! Separate Small and Large Dog Areas: ! Site Furniture and Other Amenities: Benches, play amenities (mounds and bridge), possibly community bulletin boards to post announcements and natural shade structures. ! Trash Cans and Bag Holders: Trash containers with bag holders and provided bags. ! Signage: Posted rule signs. ! Water: Drinking fountains will be provided and will include a dog drinker/bowl. ! Lighting: As the park areas are open from dawn to dusk, lighting will not be provided as an additional amenity. ! Agility Equipment: Currently, agility equipment amenities will not be included; however, the FBDP may consider this amenity in future years. ! Ease of Maintenance: Service gates and trash barrels will be located such that maintenance vehicles may easily enter from the existing park road, parking lot, or street frontage. ! Bulletin Board: A community kiosk and bulletin board will be provided as a place to post notifications for meetings, Steward workdays, and special events. ! ADA Access: All cities contacted said that they Compliance with the ADA for access to the site as well as an asphalt path through park. ! Buffer from Residential: The dog park was designed to provide a buffer between the few nearby residences and the dog park. The buffer allows for neighbors to have no more disturbances from a dog park than other typical park uses. ! Conflict Avoidance: The dog park was designed to provide a sufficient buffer between the dog park area and the Police Department and visitors to the Cemetery. ! Protect Natural Areas: Dog park areas will not be located in or in close proximity to natural areas where flora and fauna, such as ground nesting birds, small mammals, and native plants, would be disturbed. 3/1/21 (RA/LW) 8 Management • Staffing: The FBDP, through a proposed Memorandum of Agreement with the Town of Brewster will run the day-to-day operations of the park with Select Board oversight. The FBDP will use volunteer Stewards to monitor the dog parks on a daily basis, as well as, ensure that the park is free of dog waste and waste bags stations are filled. Involvement of community members will serve to increase acceptance of the dog park and help minimize problems. FBDP will establish a plan for future amenities and improvements so that if funding for park amenities is donated, there is a plan for inclusion in the existing dog parks. The Latham Centers, Inc., supports the Dog Park and is excited to have their adult residents volunteer as Stewards. Additionally, the Town of Brewster will add this municipal volunteer opportunity to the list of those eligible for the Senior Real Estate Tax Abatement Program. • The Friends of Brewster Dog Park, Inc., is a 501(c)(3) non-profit group that is dedicated to assisting the Town to build, operate, maintain and provide stewardship for the Brewster Dog Park. Their goal is to provide a safe, year-round, handicapped accessible, beautiful dog park, open to the public free of charge; a place where our community of dogs (and dog people) can play, stretch their legs and socialize with other four-legged friends. Tax-deductible donations may be made to: Friends of Brewster Dog Park, Inc. 65 Harmony Ln Brewster, MA 02631 Attn: Rick Alto, Treasurer • Volunteers and stewards will be needed to help keep the park a great place to visit. Please consider joining the volunteer team. If interested in volunteering or supporting, please send an email to: friendsofbrewsterdogpark@gmail.com. ! Fines: The Select Board through the Animal Control Officer will determine if warning tickets and/or fines will be levies for not following posted rules. ! Entry Fees: The use of the dog park will be free of charge. ! Hours of Operation: Dawn to dusk. ! Dog License: Obtaining a dog license is requirement. ! Size: The large dog section will be approximately 45,000sf or 1 acre, and the small dog section will be approximately 21,500sf or ½ acre. 3/1/21 (RA/LW) 9 Maintenance: As with any outdoor space, the dog park will have to be maintained. Some small surfaces may need to be mowed throughout the growing season. Snow may need to be removed from parking lots. Trash and waste stations should be picked up regularly (Nauset Disposal will perform at no cost), and pathways will need to be maintained on a regular basis. The DPW will schedule maintenance in the early morning on the same day every week, so that there will be a standard closing of the dog park once per week to assess and perform the maintenance. During snowstorms, the dog park will be maintained on the same schedule as other Town Parks. Community support and participation are critical in the overall success of a dog park and daily maintenance items that will be performed by the DPW, the Brewster Water Department (BWD), the Captain’s Golf Course (CGC), FBDP volunteer Stewards and Nauset Disposal (Nauset) will include, but is not limited to: - Tending to surfacing – filling holes (DPW) - Hand weeding / tending to landscaping (do not use toxic spray) (DPW) - Removing dog waste (FBDP) - Spraying / hosing down equipment, furnishings, trash receptacles (FBDP / DPW) - Refilling disposable waste bags (FBDP) - Emptying trash receptacles (Nauset) - Inspecting fence for damage (FBDP / DPW) - Inspecting gates and locking mechanisms (FBDP / DPW) - Inspecting equipment and amenities (FBDP / DPW) - Inspect and test water fountains to ensure they are operating properly. (FBDP/ DPW / BWD) - While outside toys and treats should be discouraged, as they may create competitive situations between dogs, be sure to pick up and dispose of outside dog toys that may have been left behind. The volunteer Stewards and FBDP as the organization operating the dog park, will ensure that the lines of communication are open between the Town of Brewster, as well as the community using the dog park. This is critical to ensure ongoing success and timely maintenance. Volunteers: Volunteer involvement will be heavily encouraged to promote stewardship of Dog Park. FBDP will work with park volunteer staff to help develop programs and events, and recruit Stewards. Education: The FBDP, in concert with the Brewster Veterinary Hospital, Certified Professional Dog Trainer and Brewster Animal Control Officer will develop a program to educate park users on dog etiquette, and to educate the community about dogs and dog parks in general. 3/1/21 (RA/LW) 10 Sanitation: While ideally, all owners should pick up their dog’s waste, the FBDP have a plan for regular inspection and pick up of inadvertent waste that has been left behind. Pet friendly cleaners or deodorizers, as needed, should be used on surfaces, fencing, etc. Landscaping: Committee will ensure that plantings inside the dog park perimeter are non-poisonous to people and pets. Committee will maintain sightlines throughout the dog park by keeping interior plantings trimmed and neat. DPW & FBDP will inspect plants within the dog park for damage caused by urine and chewing, and consider replacement plants that are not as susceptible. As an example, some dogs like to chew grass, and it is easily browned by repeated urination. FBDP & DPW will inspect plantings used around the outside perimeter of the dog park, trim and replace as necessary. Ensure there are no “escape routes” tunneled, dug, or otherwise established to ensure dogs stay contained within the dog park. DPW will fill any holes that have been dug. DPW will irrigate as necessary. Mow grass as needed. DPW will replenish decomposed bark or wood chips. DPW will be responsible for leaf removal and Fall Clean-up; however, “work parties” comprised of FBDP will be encouraged to assist. On overly warm days, FBDP will check surfaces, to ensure it isn’t too hot, as some surfaces may become too hot in direct sunlight for dogs’ paws. Park may close or DPW may be requested to temporarily activate the irrigation system to cool surfaces. DPW to remove snow, as necessary on the same schedule as other Town Parks. DPW to remove weeds. Note: This may become labor intensive and require a work party organized by FBDP. Equipment Maintenance: DPW inspect and test all amenities for damage. Inspect bridge and tighten all bolts on equipment and seating. FBDP will inspect dog-waste stations, refilling bags and emptying used waste bags as needed. FBDP will empty trash receptacles onsite. DPW will ensure all amenities are free of graffiti. 3/1/21 (RA/LW) 11 Utilities: BWD and CGC will winterize fountains and sprinkler system, and turn off, as appropriate. Budget: According to the Brewster Dog Park Committee Chair, the two driving forces in the cost are waste disposal and mutt mitts. The range in the yearly cost varies considerably from $15,000 to $5,000. This is a function of size, use, and how inclusive the budgets are. Some only include specific costs such as mutt mitts, and the few moving parts of the gate and fountain. Others seek to include other expenses such as grass and snow removal too. With regard to the Brewster Park, we may consider the driving costs to be waste removal and mutt mitts, which might $6,000 and $3,000, respectively. One might expect additional costs for the park to be $3,000 for maintenance of the gates, fountain, and irrigation system. It is my understanding that DPW incorporates general maintenance, grass cutting, snow removal in the general DPW budget, as individual locations are not separated out and “billed” individually. A proposed budget for the park might appear as follows. Proposed Annual Budget • Waste Removal - $6,000 – donated by Nauset Disposal – actual cost to Town = $0 • Mutt Mitts - $3,000 – donated by Agway – actual cost to Town - $0 • Porta John - $ TBD (Town currently renewing contract with Nauset Disposal) • Maintenance for Moving Parts - $1,000 – projected cost to Town or FBDP = $1,000 (2021); $1,500 (2022); $2,000 (2023); $2,500 (2024) and $3,000 (2025). Note: As the Dog Park ages, the maintenance figure will likely increase by $500 per year, unless offset by subsequent Stanton Foundation Capital Improvement Grants up to 5% of hard construction costs. If the construction costs totaled $450,000, Brewster could receive grants of up to $22,500 at 12, 18, and 24 months after construction. It is also anticipated that the FBDP will also offset future town maintenance costs. 3/1/21 (RA/LW) 12 APPENDICES Appendix 1: Rendering of Brewster Dog Park 3/1/21 (RA/LW) 13 Appendix 2: Dog Park Rules BREWSTER DOG PARK RULES and POLICIES DRAFT MANDATORY RULES • OWNERS ARE REQUIRED TO CLEAN UP THEIR DOG’S WASTE IMMEDIATELY! • DOGS ARE REQUIRED TO BE CURRENTLY LICENSED AND IMMUNIZED. • ALL DOGS ARE REQUIRED TO BE LEASHED ON ENTRY AND EXIT FROM THE PARK. • ALL DOGS ARE REQUIRED TO BE DIRECTLY SUPERVISED AND CONTROLLED. • THE PARK IS OPEN BETWEEN ½ HOUR AFTER SUNRISE AND SUNSET FREE OF CHARGE. PROHIBITIONS • PUPPIES LESS THAN 4 MONTHS OLD ARE PROHIBITED. • DOGS WHO ARE ILL, INJURED, SUFFERING WITH PARASITES, OR IN HEAT ARE NOT WELCOME. • AGGRESSIVE DOGS ARE NOT PERMITTED. • PRONGED COLLARS ARE NOT PERMITTED. • CONSUMING FOOD, SMOKING, VAPING, ALCOHOL, AND PICNICKING IS NOT PERMITTED. • ANIMALS/PETS OTHER THAN DOGS ARE NOT PERMITTED TO BE BROUGHT INTO THE PARK. POLICIES • OWNERS SHOULD BE RESPONSIBLE AND RESPECTFUL. • OWNERS MUST COMPLY WITH THE SUGGESTIONS OF OUR HOST STEWARDS. • PARK GATES SHOULD BE CLOSED AT ALL TIMES. • OWNERS AND DOGS SHOULD NOT CONGREGATE AT THE PARK ENTRANCE. • OWNERS MUST CLEAN UP THEIR PET’S WASTE AND DISPOSE OF IT IN THE WASTE CONTAINERS PROVIDED. • OWNERS SHOLD BE INSIDE THE PARK WITH THEIR PET, KEEPING HIM/HER IN SIGHT AND UNDER VOICE CONTROL AT ALL TIMES. • DOGS ARE REQUIRED TO BE OFF LEASH IN THE ENCLOSED AREAS. • DOGS MUST BE LICENSED AND CURRENT WITH THEIR INOCULATIONS. • DOGS MUST WEAR A COLLAR WITH IDENTIFICATION AT ALL TIMES. • DOGS ARE REQUIRED TO BE LEASHED TO AND FROM THE PADDOCK ENTRY AND VEHICLE. • THE SMALL DOG AREA IS FOR DOGS OF LESS THAN 40 POUNDS. • LEAVING DOGS UNATTENDED IS PROHIBITED. • DOGS SHOULD BE DISCOURAGED FROM EXCESSIVE OR CONSTANT BARKING. • OWNERS ARE LIMITED TO THREE DOGS PER PERSON PER VISIT. 3/1/21 (RA/LW) 14 • CHILDREN UNDER 12 MUST BE SUPERVISED. • OWNERS MUST REMOVE DOGS WHEN IT IS NECESSARY OR THEY ARE NOT IN COMPLIANCE, IMMEDIATELY AND WITHOUT DEBATE. • STROLLERS AND BICYCLES ARE NOT ALLOWED INSIDE THE PARK. • OWNERS SHOULD FOLLOW THE RULES AND KNOW THEIR DOG. • LIABILITY LIMITED BY MASSACHUSETTS GENERAL LAWS, CHAPTER 21 SECTION 17C. Appendix 3: Nauset Disposal Commitment 3/1/21 (RA/LW) 15 Appendix 4: Agway of Cape Cod Commitment 3/1/21 (RA/LW) 16 Appendix 5: Friends of Brewster Dog Park Facebook Group Appendix 6: Friends of Brewster Dog Park and Town of Brewster MOU DRAFT MEMORANDUM OF UNDERSTANDING This is a Memorandum of Understanding ("MOU") of xxxxxx xx, 2021, by and between the Town of Brewster, MA, a municipal corporation duly established with an address of 2198 Main Street, Brewster, MA 02631 and Friends of Brewster Dog Park, Inc (FBDP), a Massachusetts non-profit corporation with a principal office at 65 Harmony Lane, Brewster, MA 02631. The Friends of Brewster Dog Park, Inc., achieved 501(c)(3) status through the IRS in 2021. This Memorandum of Understanding between the Town and FBDP establishes a working agreement between the two parties concerning their respective roles and responsibilities in the creation and maintenance of a proposed off-leash dog park open to the public free of charge (the "Dog Park"). The Dog Park is comprised of approximately 2.4 acres and is located on a portion of town-owned property located on Harwich Road in Brewster and shown on Assessor's Map 64, Parcel 28 (The Premises). The Premises is under the care and control of the Select Board, is comprised of approximately 41.28 acres, and is more particularly described in a deed to the Town of Brewster, dated 15 August 1995 recorded with Barnstable Registry of Deeds in Book 9799, Page 016. The proposed Dog Park is shown as the "Dog Park Area" on a plan entitled "Brewster Dog Park” prepared for Town of Brewster, dated January 16, 2019 by the Berkshire Design Group, Inc. A copy of the Site Plan is attached as "Exhibit A." 3/1/21 (RA/LW) 17 The Select Board gratefully acknowledges the critical role the FBDP plays in the development, construction, maintenance, and stewardship of the dog park, and gratefully accepts FBDP's generous offer to help create and maintain the Dog Park through private fund raising and volunteer services. The FBDP gratefully acknowledge the spirit of cooperation the Select Board has displayed by making public land available for such use and for offering to provide the valuable municipal services described below. The Town and the FBDP share the goal of realizing a first-class no fee dog park in Brewster open to the public. Friends of Brewster Dog Park, Inc The purpose of the FBDP is to support the use of a designated area within the Town of Brewster as an off-leash dog park; to advocate responsible dog ownership; to provide educational resources on dog ownership; to advise the Town of Brewster, the Select Board, and the Town Administrator on matters concerning off-leash dog parks within the Town of Brewster; to provide stewardship for the Brewster Dog Park; and to collect and administer funds received for the establishment of, maintenance of, and improvements to the off-leash dog parks in the Town of Brewster. The FBDP agrees to the following: • To assist in maintaining the Dog Park Area by helping to keep the site clean, providing dog waste bags for patrons provided by the in-kind donation of Agway of Cape Cod, securing the in-kind donation of waste removal for the Brewster Dog Park by Nauset Disposal, and repairing or replacing appurtenances, structures or fixtures as required; • To providing educational instruction and stewardship at the Dog Park; • The use of the Dog Park Area shall be limited to dog park recreational use. No fee shall be imposed for such recreational use; • The Town grants FBDP access to the Dog Park Area for the purpose of exercising its rights and performing its obligations hereunder, However, installation of any structure, fixture or appurtenance shall require the prior written approval of the Select Board or its designee; • The language on any such signage shall require the prior written approval of the Select Board or its designee; • The FBDP shall not permit any mechanics liens, or similar liens, to remain upon the Premises for labor and materials furnished or claimed to be furnished in connection with work of any character performed or claimed to have been performed at the direction of the FBDP, and FBDP shall cause any such lien to be released of record forthwith without cost to the town; • During the exercise of the rights hereby granted, the FBDP shall conduct itself so as not to unreasonably interfere with the operations of the Town, and to observe and obey applicable laws, statutes, bylaws and regulations and permitting or licensing requirements. The FBDP shall comply with reasonable rules and regulations issued by the Town, 3/1/21 (RA/LW) 18 including without limit, rules regulating the hours of operation of the Dog Park, which hours of operation are expected to be from dawn to dusk; • The FBDP agrees that any contractor engaged to perform work at the Premises on behalf of FBDP shall carry liability insurance naming the Town as an additional insured in amounts reasonably satisfactory to the Town and workmen's compensation insurance as required by law, and FBDP agrees to indemnify and hold harmless the Town from any liability relating to work performed at the Premises at the request of the FBDP. • Title to all appurtenances, structures and installed at the Dog Park shall vest in the Town. The Town of Brewster agrees to the following: • The Town will build the Brewster Dog Park as shown on the January 16. 2019 Site Plan prepared by Berkshire Design Group, Inc, 4 Allen Place, Northampton, MA 01060 if the Brewster Dog Park is approved by Brewster voters; • The Town will provide water service (including tap, curb stop, and box, meter, meter pit and water service to the location on the Premises. The meter will be read but not billed. The Town will provide snow removal from the driveway leading to the Dog Park and the associated parking area. If snowmelt products are applied to surfaces they will be dog friendly. The Town will also provide leaf removal from the Dog Park equivalent to the services provided in other Town parks; • The Town shall provide curbside trash pickup. The FBDP has a commitment from Nauset Disposal, 3 Rayber Road, Orleans, MA 02653, to provide In-Kind donation of waste removal services at no cost to the Town; • The Town Administrator shall be the liaison between the FBDP and Select Board; • The Town will modify its By-Laws to allow an off-leash Dog Park facility. • In the event the Town notifies FBDP that the Dog Park Area is no longer available for Dog Park use, the Town will work with FBDP to locate an alternative site and will provide assistance relocating all appurtenances, structures and fixtures from the Dog Park Area to such alternative site; • The Town agrees to prepare the Dog Park Area for dog park use by installing appropriate ground cover, creating an access driveway and a handicapped accessible parking area, providing a water hook-up, and installing signage, trash receptacles, fencing and benches. The location of parking and fencing shall be as shown on the January 16, 2019 Site Plan, The Town reserves the right to use the access driveway and parking area for other public uses at the Premises and/or to relocate the access driveway and parking area; • The Town agrees to allow the FBDP to utilize the licensed Brewster Dog Park Logo. 3/1/21 (RA/LW) 19 Termination Either party may terminate this MOU without cause upon thirty (30) days prior written notice. Modification and Amendments Modification and amendments to this MOU shall be in writing and duly executed by the parties hereto to be effective. No Estate Created This MOU shall not be construed as creating or vesting in the FBDP or any other party any estate in the Premises or portion thereof, but a limited right of access for the purpose as herein stated. Brewster Select Board Friends of Brewster Dog Park, Inc _______________________________ ______________________________ Mary Chaffee, Chairman Carmen S. Scherzo, DVM, President ______________________________ David Whitney ______________________________ Cynthia Bingham ______________________________ Benjamin deRuyter ______________________________ Ned Chatelain SPECIAL TOWN ELECTION WARRANT March 30th, 2021 Barnstable, ss. To: Roland W. Bassett, Jr. Constable of the Town of Brewster Greetings: In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of Brewster who are qualified to vote in town affairs to meet at the Brewster Baptist Church, 1848 Main Street, in said Brewster on TUESDAY, the THIRTIETH DAY OF MARCH, 2021, then and there to act upon the following question: QUESTION 1 Shall the Town of Brewster be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay its allocable share of the bonds issued by the Nauset Regional School District to pay costs of renovating and adding to Nauset Regional High School, located at 100 Cable Road, North Eastham, Massachusetts, including the payment of all costs incidental or related thereto? Yes____ No ____ The polls will open at 11:00 o’clock a.m. and close at 7:00 o’clock p.m. Hereof fail not, and make due return of the Warrant with your doings thereon to the Town Clerk at the time and place of aforesaid election. Given under our hands and seal of the Town of Brewster hereto affixed this 8th day of February, 2021. A true copy, ATTEST: __________________________________ Mary W. Chaffee, Chair __________________________________ Benjamin W. deRuyter, Vice-Chair __________________________________ Cynthia A. Bingham, Clerk __________________________________ David C. Whitney __________________________________ Edward B. Chatelain D o c I D : e 0 8e ef d f f c ee e5 72 1 29 c 1 e9 9 e 8 e9 69 9a 6 64 76 f 30 I, Roland W. Bassett, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Special Town Election of March 30th, 2021, by posting attested copies thereof, in the following locations in the Town of Brewster on the _____ day of February, 2021, in accordance with the Town Bylaws: Brewster Town Offices Brewster Ladies Library Café Alfresco The Brewster Store Millstone Liquors U.S. Post Office Brewster Pizza House _____________________________________ Roland W. Bassett, Jr., Constable D o c I D : e 0 8e ef d f f c ee e5 72 1 29 c 1 e9 9 e 8 e9 69 9a 6 64 76 f 30 Audit Trail Title File Name Document ID Audit Trail Date Format Status Warrant for Signing 2021-03-30 Specia...ction Warrant.pdf e08eefdffceee572129c1e99e8e9699a66476f30 MM / DD / YYYY Completed 02 / 09 / 2021 18:04:12 UTC Sent for signature to Mary Chaffee (mchaffee@brewster-ma.gov), Ben deRuyter (bderuyter@brewster-ma.gov), Cindy Bingham (cbingham@brewster-ma.gov), Ned Chatelain (nchatelain@brewster-ma.gov) and David Whitney (dwhitney@brewster-ma.gov) from ryoung@brewster-ma.gov IP: 131.109.131.20 02 / 09 / 2021 18:08:28 UTC Viewed by Mary Chaffee (mchaffee@brewster-ma.gov) IP: 73.227.44.169 02 / 09 / 2021 18:26:28 UTC Signed by Mary Chaffee (mchaffee@brewster-ma.gov) IP: 73.227.44.169 02 / 09 / 2021 18:41:01 UTC Viewed by David Whitney (dwhitney@brewster-ma.gov) IP: 73.47.1.50 Audit Trail Title File Name Document ID Audit Trail Date Format Status 02 / 09 / 2021 18:41:18 UTC Signed by David Whitney (dwhitney@brewster-ma.gov) IP: 73.47.1.50 02 / 09 / 2021 18:43:22 UTC Viewed by Ned Chatelain (nchatelain@brewster-ma.gov) IP: 76.19.244.58 02 / 09 / 2021 18:43:33 UTC Signed by Ned Chatelain (nchatelain@brewster-ma.gov) IP: 76.19.244.58 02 / 09 / 2021 19:22:29 UTC Viewed by Ben deRuyter (bderuyter@brewster-ma.gov) IP: 50.255.148.30 02 / 09 / 2021 19:22:41 UTC Signed by Ben deRuyter (bderuyter@brewster-ma.gov) IP: 50.255.148.30 02 / 09 / 2021 19:37:49 UTC Viewed by Cindy Bingham (cbingham@brewster-ma.gov) IP: 73.167.234.228 Warrant for Signing 2021-03-30 Specia...ction Warrant.pdf e08eefdffceee572129c1e99e8e9699a66476f30 MM / DD / YYYY Completed Audit Trail Title File Name Document ID Audit Trail Date Format Status 02 / 09 / 2021 19:38:08 UTC Signed by Cindy Bingham (cbingham@brewster-ma.gov) IP: 73.167.234.228 The document has been completed.02 / 09 / 2021 19:38:08 UTC Warrant for Signing 2021-03-30 Specia...ction Warrant.pdf e08eefdffceee572129c1e99e8e9699a66476f30 MM / DD / YYYY Completed Nauset Regional School District- Financing Scenario- 30 Year Bond Estimated District Share of Construction 12/3/2020 Avg TEMP.SHORT level debt BOND ANNUAL 48.0400%IMPACT IMPACT 19.4329%IMPACT IMPACT FISCAL DEBT PRINCIPAL TERM BOND INTEREST DEBT NET RESID.$100,000 NET RESID.$100,000 YEAR ISSUED OUTSTAND. INTEREST PRINCIPAL 2.370%SERVICE DEBT SVC TAX RATE HOUSE DEBT SVC TAX RATE HOUSE 2021 $0 $95,149,189 $0 $0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2022 $93,345,000 1,804,189.00 2,695,346.96 $4,499,535.96 $2,161,577.08 $0.51 $50.80 $874,390.32 $0.28 $28.30 2023 $91,455,000 1,890,000.00 2,605,137.50 $4,495,137.50 $2,159,464.06 $0.51 $50.75 $873,535.58 $0.28 $28.27 2024 $89,470,000 1,985,000.00 2,510,637.50 $4,495,637.50 $2,159,704.26 $0.51 $50.76 $873,632.74 $0.28 $28.27 2025 $87,385,000 2,085,000.00 2,411,387.50 $4,496,387.50 $2,160,064.56 $0.51 $50.77 $873,778.49 $0.28 $28.28 2026 $85,195,000 2,190,000.00 2,307,137.50 $4,497,137.50 $2,160,424.86 $0.51 $50.78 $873,924.23 $0.28 $28.28 2027 $82,895,000 2,300,000.00 2,197,637.50 $4,497,637.50 $2,160,665.06 $0.51 $50.78 $874,021.40 $0.28 $28.28 2028 $80,480,000 2,415,000.00 2,082,637.50 $4,497,637.50 $2,160,665.06 $0.51 $50.78 $874,021.40 $0.28 $28.28 2029 $77,945,000 2,535,000.00 1,961,887.50 $4,496,887.50 $2,160,304.76 $0.51 $50.77 $873,875.65 $0.28 $28.28 2030 $75,285,000 2,660,000.00 1,835,137.50 $4,495,137.50 $2,159,464.06 $0.51 $50.75 $873,535.58 $0.28 $28.27 2031 $72,490,000 2,795,000.00 1,702,137.50 $4,497,137.50 $2,160,424.86 $0.51 $50.78 $873,924.23 $0.28 $28.28 2032 $69,610,000 2,880,000.00 1,618,287.50 $4,498,287.50 $2,160,977.32 $0.51 $50.79 $874,147.71 $0.28 $28.29 2033 $66,645,000 2,965,000.00 1,531,887.50 $4,496,887.50 $2,160,304.76 $0.51 $50.77 $873,875.65 $0.28 $28.28 2034 $63,590,000 3,055,000.00 1,442,937.50 $4,497,937.50 $2,160,809.18 $0.51 $50.78 $874,079.70 $0.28 $28.29 2035 $60,445,000 3,145,000.00 1,351,287.50 $4,496,287.50 $2,160,016.52 $0.51 $50.77 $873,759.05 $0.28 $28.28 2036 $57,235,000 3,210,000.00 1,284,456.26 $4,494,456.26 $2,159,136.79 $0.51 $50.75 $873,403.19 $0.28 $28.26 2037 $53,955,000 3,280,000.00 1,216,243.76 $4,496,243.76 $2,159,995.50 $0.51 $50.77 $873,750.55 $0.28 $28.28 2038 $50,605,000 3,350,000.00 1,146,543.76 $4,496,543.76 $2,160,139.62 $0.51 $50.77 $873,808.85 $0.28 $28.28 2039 $47,185,000 3,420,000.00 1,075,356.26 $4,495,356.26 $2,159,569.15 $0.51 $50.76 $873,578.09 $0.28 $28.27 2040 $43,690,000 3,495,000.00 1,002,681.26 $4,497,681.26 $2,160,686.08 $0.51 $50.78 $874,029.90 $0.28 $28.29 2041 $40,120,000 3,570,000.00 928,412.50 $4,498,412.50 $2,161,037.37 $0.51 $50.79 $874,172.00 $0.28 $28.29 2042 $36,475,000 3,645,000.00 852,550.00 $4,497,550.00 $2,160,623.02 $0.51 $50.78 $874,004.39 $0.28 $28.28 2043 $32,755,000 3,720,000.00 775,093.76 $4,495,093.76 $2,159,443.04 $0.51 $50.75 $873,527.08 $0.28 $28.27 2044 $28,955,000 3,800,000.00 696,043.76 $4,496,043.76 $2,159,899.42 $0.51 $50.76 $873,711.69 $0.28 $28.27 2045 $25,075,000 3,880,000.00 615,293.76 $4,495,293.76 $2,159,539.12 $0.51 $50.75 $873,565.94 $0.28 $28.27 2046 $21,110,000 3,965,000.00 532,843.76 $4,497,843.76 $2,160,764.14 $0.51 $50.78 $874,061.48 $0.28 $28.29 2047 $17,065,000 4,045,000.00 448,587.50 $4,493,587.50 $2,158,719.44 $0.51 $50.74 $873,234.37 $0.28 $28.26 2048 $12,930,000 4,135,000.00 362,631.26 $4,497,631.26 $2,160,662.06 $0.51 $50.78 $874,020.19 $0.28 $28.28 2049 $8,710,000 4,220,000.00 274,762.50 $4,494,762.50 $2,159,283.91 $0.51 $50.75 $873,462.70 $0.28 $28.27 2050 $4,400,000 4,310,000.00 185,087.50 $4,495,087.50 $2,159,440.04 $0.51 $50.75 $873,525.86 $0.28 $28.27 2051 $0 4,400,000.00 93,500.00 $4,493,500.00 $2,158,677.40 $0.51 $50.73 $873,217.36 $0.28 $28.26 $0.00 $95,149,189 39,743,572 $134,892,761.06 $64,802,482.41 $1,523.02 $26,213,575.36 $848.32 Interest rate subject to change based upon market rate environment Does not include short-term interest Based upon Member Towns' 2021 Assessed Valuations **Par amount of bonds will be reduced by net premium. Brewster Per 1,000 Eastham Per 1,000 Nauset Regional School District- Financing Scenario- 30 Year Bond Estimated District Share of Construction 12/3/2020 Avg TEMP.SHORT level principal BOND ANNUAL 48.0400%IMPACT IMPACT 19.4329%IMPACT IMPACT FISCAL DEBT PRINCIPAL TERM BOND INTEREST DEBT NET RESID.$100,000 NET RESID.$100,000 YEAR ISSUED OUTSTAND. INTEREST PRINCIPAL 2.490%SERVICE DEBT SVC TAX RATE HOUSE DEBT SVC TAX RATE HOUSE 2021 $0 $95,149,189 $0 $0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2022 $91,970,000 3,179,189.00 2,954,521.96 $6,133,710.96 $2,946,634.75 $0.69 $69.25 $1,191,957.92 $0.39 $38.57 2023 $88,795,000 3,175,000.00 2,795,562.50 $5,970,562.50 $2,868,258.23 $0.67 $67.41 $1,160,253.44 $0.38 $37.55 2024 $85,620,000 3,175,000.00 2,636,812.50 $5,811,812.50 $2,791,994.73 $0.66 $65.62 $1,129,403.71 $0.37 $36.55 2025 $82,445,000 3,175,000.00 2,478,062.50 $5,653,062.50 $2,715,731.23 $0.64 $63.83 $1,098,553.98 $0.36 $35.55 2026 $79,270,000 3,175,000.00 2,319,312.50 $5,494,312.50 $2,639,467.73 $0.62 $62.03 $1,067,704.25 $0.35 $34.55 2027 $76,095,000 3,175,000.00 2,160,562.50 $5,335,562.50 $2,563,204.23 $0.60 $60.24 $1,036,854.53 $0.34 $33.55 2028 $72,920,000 3,175,000.00 2,001,812.50 $5,176,812.50 $2,486,940.73 $0.58 $58.45 $1,006,004.80 $0.33 $32.56 2029 $69,745,000 3,175,000.00 1,843,062.50 $5,018,062.50 $2,410,677.23 $0.57 $56.66 $975,155.07 $0.32 $31.56 2030 $66,570,000 3,175,000.00 1,684,312.50 $4,859,312.50 $2,334,413.73 $0.55 $54.86 $944,305.34 $0.31 $30.56 2031 $63,400,000 3,170,000.00 1,525,562.50 $4,695,562.50 $2,255,748.23 $0.53 $53.02 $912,483.97 $0.30 $29.53 2032 $60,230,000 3,170,000.00 1,430,462.50 $4,600,462.50 $2,210,062.19 $0.52 $51.94 $894,003.28 $0.29 $28.93 2033 $57,060,000 3,170,000.00 1,335,362.50 $4,505,362.50 $2,164,376.15 $0.51 $50.87 $875,522.59 $0.28 $28.33 2034 $53,890,000 3,170,000.00 1,240,262.50 $4,410,262.50 $2,118,690.11 $0.50 $49.79 $857,041.90 $0.28 $27.74 2035 $50,720,000 3,170,000.00 1,145,162.50 $4,315,162.50 $2,073,004.07 $0.49 $48.72 $838,561.21 $0.27 $27.14 2036 $47,550,000 3,170,000.00 1,077,800.00 $4,247,800.00 $2,040,643.12 $0.48 $47.96 $825,470.73 $0.27 $26.71 2037 $44,380,000 3,170,000.00 1,010,437.50 $4,180,437.50 $2,008,282.18 $0.47 $47.20 $812,380.24 $0.26 $26.29 2038 $41,210,000 3,170,000.00 943,075.00 $4,113,075.00 $1,975,921.23 $0.46 $46.44 $799,289.75 $0.26 $25.87 2039 $38,040,000 3,170,000.00 875,712.50 $4,045,712.50 $1,943,560.29 $0.46 $45.68 $786,199.26 $0.25 $25.44 2040 $34,870,000 3,170,000.00 808,350.00 $3,978,350.00 $1,911,199.34 $0.45 $44.92 $773,108.78 $0.25 $25.02 2041 $31,700,000 3,170,000.00 740,987.50 $3,910,987.50 $1,878,838.40 $0.44 $44.16 $760,018.29 $0.25 $24.60 2042 $28,530,000 3,170,000.00 673,625.00 $3,843,625.00 $1,846,477.45 $0.43 $43.40 $746,927.80 $0.24 $24.17 2043 $25,360,000 3,170,000.00 606,262.50 $3,776,262.50 $1,814,116.51 $0.43 $42.64 $733,837.32 $0.24 $23.75 2044 $22,190,000 3,170,000.00 538,900.00 $3,708,900.00 $1,781,755.56 $0.42 $41.88 $720,746.83 $0.23 $23.32 2045 $19,020,000 3,170,000.00 471,537.50 $3,641,537.50 $1,749,394.62 $0.41 $41.12 $707,656.34 $0.23 $22.90 2046 $15,850,000 3,170,000.00 404,175.00 $3,574,175.00 $1,717,033.67 $0.40 $40.35 $694,565.85 $0.22 $22.48 2047 $12,680,000 3,170,000.00 336,812.50 $3,506,812.50 $1,684,672.73 $0.40 $39.59 $681,475.37 $0.22 $22.05 2048 $9,510,000 3,170,000.00 269,450.00 $3,439,450.00 $1,652,311.78 $0.39 $38.83 $668,384.88 $0.22 $21.63 2049 $6,340,000 3,170,000.00 202,087.50 $3,372,087.50 $1,619,950.84 $0.38 $38.07 $655,294.39 $0.21 $21.21 2050 $3,170,000 3,170,000.00 134,725.00 $3,304,725.00 $1,587,589.89 $0.37 $37.31 $642,203.90 $0.21 $20.78 2051 $0 3,170,000.00 67,362.50 $3,237,362.50 $1,555,228.95 $0.37 $36.55 $629,113.42 $0.20 $20.36 $0.00 $95,149,189 36,712,134 $131,861,323.46 $63,346,179.79 $1,488.80 $25,624,479.13 $829.26 Interest rate subject to change based upon market rate environment Does not include short-term interest Based upon Member Towns' 2021 Assessed Valuations **Par amount of bonds will be reduced by net premium. Brewster Per 1,000 Eastham Per 1,000 Nauset Regional School District- Financing Scenario- 25 Year Bond Estimated District Share of Construction 12/3/2020 Avg TEMP.SHORT level debt BOND ANNUAL 48.0400%IMPACT IMPACT 19.4329%IMPACT IMPACT FISCAL DEBT PRINCIPAL TERM BOND INTEREST DEBT NET RESID.$100,000 NET RESID.$100,000 YEAR ISSUED OUTSTAND. INTEREST PRINCIPAL 2.340%SERVICE DEBT SVC TAX RATE HOUSE DEBT SVC TAX RATE HOUSE 2021 $0 $95,149,189 $0 $0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2022 $92,775,000 2,374,189.00 2,728,609.46 $5,102,798.46 $2,451,384.38 $0.58 $57.61 $991,621.72 $0.32 $32.09 2023 $90,285,000 2,490,000.00 2,609,900.00 $5,099,900.00 $2,449,991.96 $0.58 $57.58 $991,058.47 $0.32 $32.07 2024 $87,670,000 2,615,000.00 2,485,400.00 $5,100,400.00 $2,450,232.16 $0.58 $57.59 $991,155.63 $0.32 $32.08 2025 $84,925,000 2,745,000.00 2,354,650.00 $5,099,650.00 $2,449,871.86 $0.58 $57.58 $991,009.88 $0.32 $32.07 2026 $82,045,000 2,880,000.00 2,217,400.00 $5,097,400.00 $2,448,790.96 $0.58 $57.55 $990,572.64 $0.32 $32.06 2027 $79,020,000 3,025,000.00 2,073,400.00 $5,098,400.00 $2,449,271.36 $0.58 $57.56 $990,766.97 $0.32 $32.06 2028 $75,845,000 3,175,000.00 1,922,150.00 $5,097,150.00 $2,448,670.86 $0.58 $57.55 $990,524.06 $0.32 $32.06 2029 $72,510,000 3,335,000.00 1,763,400.00 $5,098,400.00 $2,449,271.36 $0.58 $57.56 $990,766.97 $0.32 $32.06 2030 $69,010,000 3,500,000.00 1,596,650.00 $5,096,650.00 $2,448,430.66 $0.58 $57.54 $990,426.90 $0.32 $32.05 2031 $65,405,000 3,605,000.00 1,491,650.00 $5,096,650.00 $2,448,430.66 $0.58 $57.54 $990,426.90 $0.32 $32.05 2032 $61,690,000 3,715,000.00 1,383,500.00 $5,098,500.00 $2,449,319.40 $0.58 $57.57 $990,786.41 $0.32 $32.06 2033 $57,865,000 3,825,000.00 1,272,050.00 $5,097,050.00 $2,448,622.82 $0.58 $57.55 $990,504.63 $0.32 $32.05 2034 $53,925,000 3,940,000.00 1,157,300.00 $5,097,300.00 $2,448,742.92 $0.58 $57.55 $990,553.21 $0.32 $32.06 2035 $49,905,000 4,020,000.00 1,078,500.00 $5,098,500.00 $2,449,319.40 $0.58 $57.57 $990,786.41 $0.32 $32.06 2036 $45,805,000 4,100,000.00 998,100.00 $5,098,100.00 $2,449,127.24 $0.58 $57.56 $990,708.67 $0.32 $32.06 2037 $41,620,000 4,185,000.00 916,100.00 $5,101,100.00 $2,450,568.44 $0.58 $57.59 $991,291.66 $0.32 $32.08 2038 $37,355,000 4,265,000.00 832,400.00 $5,097,400.00 $2,448,790.96 $0.58 $57.55 $990,572.64 $0.32 $32.06 2039 $33,005,000 4,350,000.00 747,100.00 $5,097,100.00 $2,448,646.84 $0.58 $57.55 $990,514.35 $0.32 $32.05 2040 $28,565,000 4,440,000.00 660,100.00 $5,100,100.00 $2,450,088.04 $0.58 $57.58 $991,097.33 $0.32 $32.07 2041 $24,035,000 4,530,000.00 571,300.00 $5,101,300.00 $2,450,664.52 $0.58 $57.60 $991,330.53 $0.32 $32.08 2042 $19,415,000 4,620,000.00 480,700.00 $5,100,700.00 $2,450,376.28 $0.58 $57.59 $991,213.93 $0.32 $32.08 2043 $14,705,000 4,710,000.00 388,300.00 $5,098,300.00 $2,449,223.32 $0.58 $57.56 $990,747.54 $0.32 $32.06 2044 $9,900,000 4,805,000.00 294,100.00 $5,099,100.00 $2,449,607.64 $0.58 $57.57 $990,903.00 $0.32 $32.07 2045 $5,000,000 4,900,000.00 198,000.00 $5,098,000.00 $2,449,079.20 $0.58 $57.56 $990,689.24 $0.32 $32.06 2046 $0 5,000,000.00 100,000.00 $5,100,000.00 $2,450,040.00 $0.58 $57.58 $991,077.90 $0.32 $32.07 2047 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2048 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2049 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2050 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2051 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $95,149,189 32,320,759 $127,469,948.46 $61,236,563.24 $1,439.22 $24,771,107.61 $801.64 Interest rate subject to change based upon market rate environment Does not include short-term interest Based upon Member Towns' 2021 Assessed Valuations **Par amount of bonds will be reduced by net premium. Brewster Per 1,000 Eastham Per 1,000 Nauset Regional School District- Financing Scenario- 25 Year Bond Estimated District Share of Construction 12/3/2020 Avg TEMP.SHORT level principal BOND ANNUAL 48.0400%IMPACT IMPACT 19.4329%IMPACT IMPACT FISCAL DEBT PRINCIPAL TERM BOND INTEREST DEBT NET RESID.$100,000 NET RESID.$100,000 YEAR ISSUED OUTSTAND. INTEREST PRINCIPAL 2.460%SERVICE DEBT SVC TAX RATE HOUSE DEBT SVC TAX RATE HOUSE 2021 $0 $95,149,189 $0 $0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2022 $91,335,000 3,814,189.00 2,969,109.46 $6,783,298.46 $3,258,696.58 $0.77 $76.59 $1,318,191.61 $0.43 $42.66 2023 $87,525,000 3,810,000.00 2,778,400.00 $6,588,400.00 $3,165,067.36 $0.74 $74.39 $1,280,317.18 $0.41 $41.43 2024 $83,715,000 3,810,000.00 2,587,900.00 $6,397,900.00 $3,073,551.16 $0.72 $72.24 $1,243,297.51 $0.40 $40.24 2025 $79,905,000 3,810,000.00 2,397,400.00 $6,207,400.00 $2,982,034.96 $0.70 $70.09 $1,206,277.83 $0.39 $39.04 2026 $76,100,000 3,805,000.00 2,206,900.00 $6,011,900.00 $2,888,116.76 $0.68 $67.88 $1,168,286.52 $0.38 $37.81 2027 $72,295,000 3,805,000.00 2,016,650.00 $5,821,650.00 $2,796,720.66 $0.66 $65.73 $1,131,315.42 $0.37 $36.61 2028 $68,490,000 3,805,000.00 1,826,400.00 $5,631,400.00 $2,705,324.56 $0.64 $63.58 $1,094,344.33 $0.35 $35.41 2029 $64,685,000 3,805,000.00 1,636,150.00 $5,441,150.00 $2,613,928.46 $0.61 $61.43 $1,057,373.24 $0.34 $34.22 2030 $60,880,000 3,805,000.00 1,445,900.00 $5,250,900.00 $2,522,532.36 $0.59 $59.29 $1,020,402.15 $0.33 $33.02 2031 $57,075,000 3,805,000.00 1,331,750.00 $5,136,750.00 $2,467,694.70 $0.58 $58.00 $998,219.49 $0.32 $32.30 2032 $53,270,000 3,805,000.00 1,217,600.00 $5,022,600.00 $2,412,857.04 $0.57 $56.71 $976,036.84 $0.32 $31.59 2033 $49,465,000 3,805,000.00 1,103,450.00 $4,908,450.00 $2,358,019.38 $0.55 $55.42 $953,854.18 $0.31 $30.87 2034 $45,660,000 3,805,000.00 989,300.00 $4,794,300.00 $2,303,181.72 $0.54 $54.13 $931,671.52 $0.30 $30.15 2035 $41,855,000 3,805,000.00 913,200.00 $4,718,200.00 $2,266,623.28 $0.53 $53.27 $916,883.09 $0.30 $29.67 2036 $38,050,000 3,805,000.00 837,100.00 $4,642,100.00 $2,230,064.84 $0.52 $52.41 $902,094.65 $0.29 $29.19 2037 $34,245,000 3,805,000.00 761,000.00 $4,566,000.00 $2,193,506.40 $0.52 $51.55 $887,306.21 $0.29 $28.71 2038 $30,440,000 3,805,000.00 684,900.00 $4,489,900.00 $2,156,947.96 $0.51 $50.69 $872,517.78 $0.28 $28.24 2039 $26,635,000 3,805,000.00 608,800.00 $4,413,800.00 $2,120,389.52 $0.50 $49.83 $857,729.34 $0.28 $27.76 2040 $22,830,000 3,805,000.00 532,700.00 $4,337,700.00 $2,083,831.08 $0.49 $48.98 $842,940.90 $0.27 $27.28 2041 $19,025,000 3,805,000.00 456,600.00 $4,261,600.00 $2,047,272.64 $0.48 $48.12 $828,152.47 $0.27 $26.80 2042 $15,220,000 3,805,000.00 380,500.00 $4,185,500.00 $2,010,714.20 $0.47 $47.26 $813,364.03 $0.26 $26.32 2043 $11,415,000 3,805,000.00 304,400.00 $4,109,400.00 $1,974,155.76 $0.46 $46.40 $798,575.59 $0.26 $25.84 2044 $7,610,000 3,805,000.00 228,300.00 $4,033,300.00 $1,937,597.32 $0.46 $45.54 $783,787.16 $0.25 $25.36 2045 $3,805,000 3,805,000.00 152,200.00 $3,957,200.00 $1,901,038.88 $0.45 $44.68 $768,998.72 $0.25 $24.89 2046 $0 3,805,000.00 76,100.00 $3,881,100.00 $1,864,480.44 $0.44 $43.82 $754,210.28 $0.24 $24.41 2047 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2048 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2049 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2050 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2051 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $95,149,189 30,442,709 $125,591,898.46 $60,334,348.02 $1,418.01 $24,406,148.04 $789.83 Interest rate subject to change based upon market rate environment Does not include short-term interest Based upon Member Towns' 2021 Assessed Valuations **Par amount of bonds will be reduced by net premium. Brewster Per 1,000 Eastham Per 1,000 Nauset Regional School District- Financing Scenario- 20 Year Bond Estimated District Share of Construction 12/3/2020 Avg TEMP.SHORT level debt BOND ANNUAL 48.0400%IMPACT IMPACT 19.4329%IMPACT IMPACT FISCAL DEBT PRINCIPAL TERM BOND INTEREST DEBT NET RESID.$100,000 NET RESID.$100,000 YEAR ISSUED OUTSTAND. INTEREST PRINCIPAL 2.400%SERVICE DEBT SVC TAX RATE HOUSE DEBT SVC TAX RATE HOUSE 2021 $0 $95,149,189 $0 $0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2022 $91,905,000 3,244,189.00 2,831,309.46 $6,075,498.46 $2,918,669.46 $0.69 $68.60 $1,180,645.54 $0.38 $38.21 2023 $88,505,000 3,400,000.00 2,669,100.00 $6,069,100.00 $2,915,595.64 $0.69 $68.52 $1,179,402.13 $0.38 $38.17 2024 $84,930,000 3,575,000.00 2,499,100.00 $6,074,100.00 $2,917,997.64 $0.69 $68.58 $1,180,373.78 $0.38 $38.20 2025 $81,180,000 3,750,000.00 2,320,350.00 $6,070,350.00 $2,916,196.14 $0.69 $68.54 $1,179,645.05 $0.38 $38.18 2026 $77,240,000 3,940,000.00 2,132,850.00 $6,072,850.00 $2,917,397.14 $0.69 $68.57 $1,180,130.87 $0.38 $38.19 2027 $73,105,000 4,135,000.00 1,935,850.00 $6,070,850.00 $2,916,436.34 $0.69 $68.54 $1,179,742.21 $0.38 $38.18 2028 $68,765,000 4,340,000.00 1,729,100.00 $6,069,100.00 $2,915,595.64 $0.69 $68.52 $1,179,402.13 $0.38 $38.17 2029 $64,205,000 4,560,000.00 1,512,100.00 $6,072,100.00 $2,917,036.84 $0.69 $68.56 $1,179,985.12 $0.38 $38.19 2030 $59,420,000 4,785,000.00 1,284,100.00 $6,069,100.00 $2,915,595.64 $0.69 $68.52 $1,179,402.13 $0.38 $38.17 2031 $54,535,000 4,885,000.00 1,188,400.00 $6,073,400.00 $2,917,661.36 $0.69 $68.57 $1,180,237.75 $0.38 $38.19 2032 $49,555,000 4,980,000.00 1,090,700.00 $6,070,700.00 $2,916,364.28 $0.69 $68.54 $1,179,713.06 $0.38 $38.18 2033 $44,475,000 5,080,000.00 991,100.00 $6,071,100.00 $2,916,556.44 $0.69 $68.55 $1,179,790.79 $0.38 $38.18 2034 $39,295,000 5,180,000.00 889,500.00 $6,069,500.00 $2,915,787.80 $0.69 $68.53 $1,179,479.87 $0.38 $38.17 2035 $34,010,000 5,285,000.00 785,900.00 $6,070,900.00 $2,916,460.36 $0.69 $68.54 $1,179,751.93 $0.38 $38.18 2036 $28,620,000 5,390,000.00 680,200.00 $6,070,200.00 $2,916,124.08 $0.69 $68.54 $1,179,615.90 $0.38 $38.17 2037 $23,120,000 5,500,000.00 572,400.00 $6,072,400.00 $2,917,180.96 $0.69 $68.56 $1,180,043.42 $0.38 $38.19 2038 $17,510,000 5,610,000.00 462,400.00 $6,072,400.00 $2,917,180.96 $0.69 $68.56 $1,180,043.42 $0.38 $38.19 2039 $11,790,000 5,720,000.00 350,200.00 $6,070,200.00 $2,916,124.08 $0.69 $68.54 $1,179,615.90 $0.38 $38.17 2040 $5,955,000 5,835,000.00 235,800.00 $6,070,800.00 $2,916,412.32 $0.69 $68.54 $1,179,732.49 $0.38 $38.18 2041 $0 5,955,000.00 119,100.00 $6,074,100.00 $2,917,997.64 $0.69 $68.58 $1,180,373.78 $0.38 $38.20 2042 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2043 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2044 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2045 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2046 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2047 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2048 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2049 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2050 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2051 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $95,149,189 26,279,559 $121,428,748.46 $58,334,370.76 $1,371.01 $23,597,127.26 $763.65 Interest rate subject to change based upon market rate environment Does not include short-term interest Based upon Member Towns' 2021 Assessed Valuations **Par amount of bonds will be reduced by net premium. Brewster Per 1,000 Eastham Per 1,000 Nauset Regional School District- Financing Scenario- 20 Year Bond Estimated District Share of Construction 12/3/2020 Avg TEMP.SHORT level principal BOND ANNUAL 48.0400%IMPACT IMPACT 19.4329%IMPACT IMPACT FISCAL DEBT PRINCIPAL TERM BOND INTEREST DEBT NET RESID.$100,000 NET RESID.$100,000 YEAR ISSUED OUTSTAND. INTEREST PRINCIPAL 2.510%SERVICE DEBT SVC TAX RATE HOUSE DEBT SVC TAX RATE HOUSE 2021 $0 $95,149,189 $0 $0 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2022 $90,385,000 4,764,189.00 3,045,509.46 $7,809,698.46 $3,751,779.14 $0.88 $88.18 $1,517,650.89 $0.49 $49.11 2023 $85,625,000 4,760,000.00 2,807,300.00 $7,567,300.00 $3,635,330.92 $0.85 $85.44 $1,470,545.84 $0.48 $47.59 2024 $80,865,000 4,760,000.00 2,569,300.00 $7,329,300.00 $3,520,995.72 $0.83 $82.75 $1,424,295.54 $0.46 $46.09 2025 $76,105,000 4,760,000.00 2,331,300.00 $7,091,300.00 $3,406,660.52 $0.80 $80.07 $1,378,045.24 $0.45 $44.60 2026 $71,345,000 4,760,000.00 2,093,300.00 $6,853,300.00 $3,292,325.32 $0.77 $77.38 $1,331,794.94 $0.43 $43.10 2027 $66,585,000 4,760,000.00 1,855,300.00 $6,615,300.00 $3,177,990.12 $0.75 $74.69 $1,285,544.63 $0.42 $41.60 2028 $61,825,000 4,760,000.00 1,617,300.00 $6,377,300.00 $3,063,654.92 $0.72 $72.00 $1,239,294.33 $0.40 $40.11 2029 $57,065,000 4,760,000.00 1,379,300.00 $6,139,300.00 $2,949,319.72 $0.69 $69.32 $1,193,044.03 $0.39 $38.61 2030 $52,305,000 4,760,000.00 1,141,300.00 $5,901,300.00 $2,834,984.52 $0.67 $66.63 $1,146,793.73 $0.37 $37.11 2031 $47,550,000 4,755,000.00 1,046,100.00 $5,801,100.00 $2,786,848.44 $0.65 $65.50 $1,127,321.96 $0.36 $36.48 2032 $42,795,000 4,755,000.00 951,000.00 $5,706,000.00 $2,741,162.40 $0.64 $64.42 $1,108,841.27 $0.36 $35.88 2033 $38,040,000 4,755,000.00 855,900.00 $5,610,900.00 $2,695,476.36 $0.63 $63.35 $1,090,360.59 $0.35 $35.29 2034 $33,285,000 4,755,000.00 760,800.00 $5,515,800.00 $2,649,790.32 $0.62 $62.28 $1,071,879.90 $0.35 $34.69 2035 $28,530,000 4,755,000.00 665,700.00 $5,420,700.00 $2,604,104.28 $0.61 $61.20 $1,053,399.21 $0.34 $34.09 2036 $23,775,000 4,755,000.00 570,600.00 $5,325,600.00 $2,558,418.24 $0.60 $60.13 $1,034,918.52 $0.33 $33.49 2037 $19,020,000 4,755,000.00 475,500.00 $5,230,500.00 $2,512,732.20 $0.59 $59.06 $1,016,437.83 $0.33 $32.89 2038 $14,265,000 4,755,000.00 380,400.00 $5,135,400.00 $2,467,046.16 $0.58 $57.98 $997,957.15 $0.32 $32.30 2039 $9,510,000 4,755,000.00 285,300.00 $5,040,300.00 $2,421,360.12 $0.57 $56.91 $979,476.46 $0.32 $31.70 2040 $4,755,000 4,755,000.00 190,200.00 $4,945,200.00 $2,375,674.08 $0.56 $55.83 $960,995.77 $0.31 $31.10 2041 $0 4,755,000.00 95,100.00 $4,850,100.00 $2,329,988.04 $0.55 $54.76 $942,515.08 $0.31 $30.50 2042 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2043 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2044 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2045 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2046 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2047 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2048 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2049 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2050 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2051 $0 --$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $95,149,189 25,116,509 $120,265,698.46 $57,775,641.54 $1,357.88 $23,371,112.92 $756.33 Interest rate subject to change based upon market rate environment Does not include short-term interest Based upon Member Towns' 2021 Assessed Valuations **Par amount of bonds will be reduced by net premium. Brewster Per 1,000 Eastham Per 1,000 2020 Report of the RECYCLING COMMISSION Despite the many challenges presented by the COVID-19 pandemic, good recycling and solid waste practices continued at the Brewster Recycling Center. The Commission wishes to thank its caring and competent residents and Department of Public Works staff. During the topsy-turvey calendar year 2020, Brewster’s Pay-As-You-Throw (PAYT) program continued to be a worthwhile tool for encouraging reduction of the volume of non-recyclable trash. Not surprisingly, however, recycling did decline over all and trash did increase. In the early days of the novel Corona virus pandemic, guidance was limited on what should or should not be recycled, thus changes were made to the transfer station’s operations. For instance, our food waste program was put on hold because there was insufficient scientific evidence about the potential impact on the finished compost product. After several months, though, we were able once again to send our separately collected food waste to a local farm for safe composting. Our MSW (trash) did increase, but whether that was due to more single-use, takeout, non-recyclable packaging, or the increase in number of permit holders, or the addition of the compostables to the trash, is difficult to say. Regardless, the 2020 CY recycling rate equaled 42.4% (calculated by taking the total tons of recyclables and compostables [949.48]divided by the total tons MSW, recyclables, compostables [2236.72] x 100 = Recycling Rate) [42.449%]. That does represent a drop from 46% the prior year. It should be noted that the Commonwealth does not rely on “recycling rates” for comparing one municipality to another, but it is a useful number to calculate nonetheless. Table 1. 2020 Calendar Year to Year Comparison of Recycling and Trash (MSW) delivered through Residential Drop-off at the Brewster Recycling Center1. Information is compiled from weight tickets from the Department of Public Works. Line Commodity CY19 tons CY20 tons Difference 1 Fiber (all paper including cardboard) 478.55 469.42 - 9.13 2 Electronics 17.39 11.98 - 5.41 3 Commingled (plastic, glass & metal containers) 368.89 416.41 + 47.52 4 Metal 96.7 44.75 - 51.95 5 Food Waste 14.11 6.92 - 7.19 = sum CY 2019 tons minus CY 2020 tons Total Recyclables 975.64 949.48 - 26.16 Construction & Demolition debris 515.57 402.27 - 113.3 MSW 1130.62 1287.24 + 156.62 1Does not include tires, hazardous waste or yard trimmings collected and managed at the facility. Construction and Demolition tonnages were also down, in part due to the pandemic when we were not accepting these materials. Additionally, our pricing increased in 2020 and taking these materials elsewhere became more economically feasible for these smaller construction projects. In turn, that did leave the bins free for non-building materials required to go to C&D landfills. Beach and public space recycling continued to be provided during 2020, however recycling and trash pickups at many sites were consolidated, reduced, or even eliminated to comply with State directives regarding government provided services at public spaces during the pandemic. Impacts from both the China National Sword phenomena, which started in 2018, and the COVID-19 pandemic, contributed to the decline in volume and revenues from our recycling. efforts. (Revenues and tip fees for both recyclables and solid waste are discussed in the Department of Public Works Annual Report.) These same factors also affected total tip fee costs for MSW, C&D and some recyclables. To add to the mix, the number of residential permits for the Recycling Center increased by 222 during 2020. Once again, however, Brewster had no rejected loads, meaning that the permit holders had done a good job preparing their recyclables for the next stage. Although Brewster still held a “no rejection” title, residents were still encouraged to check on the RecycleSmart website (https://recyclesmartma.org/) to learn if their container or packaging actually could be recycled. Residents were also reminded that while all plastic technically can be recycled, there are many different kinds and one type has the potential to contaminate other types of plastic; therefore, residents were asked to place only the plastics designated by the Department of Public Works into recycling bins. Hoses, toys, bowling balls, etc. have never belonged in household recycling and residents were instructed to place these types of plastic into the C&D (construction and demolition) bin. Unfortunately, the Swap Shop was another casualty of the pandemic and never opened during 2020. The shop was deemed to be too small for good ventilation and our volunteers are too precious. In the alternative, residents were encouraged to seek other opportunities to reuse and repurpose unwanted items, and many utilized the plethora of thrift shops found in Brewster and beyond. In-person educational outreach in 2020 was limited by COVID, but eight (8) articles were written by Chairperson Morris and featured in the Cape Codder. Many may be found online at http://brewster.wickedlocal.com Looking ahead, the Recycling Commission intends to regroup in 2021 to address items left on the table, including source separating glass for delivery to the Dennis glass processing site; a ban on helium filled balloons; a ban on foam takeout containers; and a ban on the sale of nips, which are not recyclable and tend to end up as litter. Other materials and issues may be addressed as well as they are brought before the Commission. Recycling and sound solid waste management strategies are critical components of a healthy town, and especially during a pandemic as we have learned. In Brewster, our system is set up well and residents just need to follow the guidelines posted on the Town’s website to ‘recycle right.” The Commission is grateful for the support it receives from citizens, the Department of Public Works, and members of our Town Government. Respectfully submitted, Margretta (Meg) Morris, Chairperson Patrick Ellis, Member and DPW Superintendent Debra Johnson, Member Peter Johnson, Member Brenda Locke, Member (6/20) replaced by Susan Skidmore, Member Joseph Prevost, Member Annie Dugan, Member ------------------------------------------------------------------- Frank Bridges, Finance Committee Liaison Annette Graczewski, Board of Health Liaison Mary Chaffee, Select Board Liaison Donna Kalinick, Town Hall and Swap Shop Liaison Emily Sumner, Data Collection Finance Committee Minutes February 24, 2021 Page 1 of 5 TOWN OF BREWSTER FINANCE COMMITTEE Date: February 24, 2021 Time: 6:00 PM VIRTUAL MEETING MINUTES Present: Chair Pete Dahl, Vice Chair Frank Bridges, Clerk Bill Meehan, Honey Pivirotto, Bob Young, Robert Tobias, Alex Hopper; Andy Evans Also present: Mimi Bernardo, Finance Director; Peter Lombardi, Town Administrator Absent: The Chair called the meeting to order at 6:00 pm. This meeting will be conducted by remote participation pursuant to Gov. Baker’s March 2020 orders suspending certain Open Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brerwster-ma.gov), or Video recording (tv.brewster-ma.gov). A quorum was declared for the Finance Committee. 1.Public Announcements and Comment - none 2.Town Administrator/Finance Director Report Peter Lombardi said there was nothing to report at this meeting since our last meeting. 3. Policies & Procedures Update - none 4.Presentation and Discussion of Draft Town Meeting Warrant for May 15, 2021 Pete asked Peter Lombardi to start this discussion. Peter Lombardi said we sent the latest version of the Draft Warrant, there will be many more down the road. He went through the Warrant Articles. Town Meeting will be held on Saturday, March 15th. We have a standing article for the Special Town Meeting Warrant for unpaid bills. He said we don’t have any yet, but if we do, they are addressed in the Special. In the Annual, the first 4 articles related to the School Committee. March 10th will be presentations. The Town’s Operating Budget, we had meetings with Select Board and Department Heads. Golf and Water up next. CPC has had many applications, this afternoon taking the last vote on projects for this Town Meeting. They will present to the Finance Committee shortly. The Warrant Article was reviewed with both the Select Board and Finance Committee last Tuesday. Approved: VOTE: Finance Committee Minutes February 24, 2021 Page 2 of 5 The Conservation brought up recommendations to opening up hunting on a limited basis on certain places in the Punkhorn. Properties in the Punkhorn are under control of Water Conservation and the Select Board. There was a request that some portions be open for hunting. The State did an analysis of species and necessities. The Commission brought this to the Select Board, they deferred action on changing the existing policy until they had received an advisory vote from Town Meeting in spring. In the meantime, a Citizens’ petition seeking to bring their own petition to ban hunting in the Punkhorn. This would be binding. There is pending review of a similar Bylaw in Provincetown. We expect that to come in before next week. Monday March 1st will be the Charter Committee Presentation to the Select Board. Pete said with regard to the Budgets, we have had our meeting with the Town and Peter Lombardi has presented all the budgets. Do we have a further need to see any departments come before us or have Peter Lombardi report on those departments? Peter Lombardi said if there are specific questions, we will go to specific departments and circle back. Bill Meehan said that the School Committees’ basically budget a 2.5% increase in their budgets every year. It becomes a self-fulfilling prophecy. He would like to see that rule of thumb revisited. He does not like assumed growth in budgets. Peter Lombardi said you’ll see we don’t go to them looking for this 2.5% increase. Our message is, this is big picture in terms of overall capacity – do we want to key in on certain areas where we want think budget increases are justified. It looks like the elementary school budgets are actually going to come in at -.25% of budget – the net increase from FY21-22 is going to be significantly less than the 2.5%. So where this has seemed automatic, it is not this year for the elementary schools. It has given us capacity to invest in other areas that are important to us. Bob mentioned he would like to see presentations include actual budgets all together. Overall, we see the budget for every year – so, seeing budget vs. actual would be helpful. Also starting the presentation with the enrollment trend, what’s happened, and then what’s projected and incorporated into the budget presented. That would be a logical progression for the presentation. Particularly this year. Peter Lombardi said they did relay the request to Nauset Officials, and also requested that Brewster Officials be provided budget documents the Friday before the Wednesday meeting. Pete asked about the paper packet received in the past – really liked getting the info this way because of how they put them together. Mimi Bernardo said she spoke with Giovanna Venditti who said they would be disseminating the information early so there will be time to go over it before the presentation. Peter Lombardi said on the elementary school budgets, primarily the major driver on that decrease is over $300,000 in displacements at the Eddy School. That was provided to the Town a while ago. Pete said as a matter of practice, with respect to the schools, if there is any info the Committee wants to see, send to Pete and he will pass along to the School Department. They are coming in on March 10th; we would need these requests soon. Andy wanted to know about the Charter and if it was in its last step – has it proposed revision in each area? Bill answered the revisions are approaching endless; we are not done yet. The Committee has not formally presented the Charter to the Select Board, once we do that, they have the authority to make further changes before it goes to Town Meeting. Someone could also rise on the floor of Town Meeting and propose an amendment. After Town Meeting approval, it goes to the Legislature. They may change small things and give it Finance Committee Minutes February 24, 2021 Page 3 of 5 an up or down vote; once they do that, it becomes the Town Charter. Peter Lombardi said it is required to go before the Legislature. Once it is voted on by Legislature, it supersedes the Town Bylaws. Generally, the Legislature will support this if Town Meeting voted for it. Bill recommended everyone spend the time to read the Charter because it will become the law soon. Bob had two questions about the Charter – he questioned the point discussed in prior meetings where the Moderator has been provided authority to remove members of any Committee. He doesn’t see it in this version. Bill said they tweaked the language of the Charter to read, if someone was being removed, they would be given the opportunity to have a public hearing. Bob went on to ask about where the Charter sets Finance Committee duties. He wondered now that we are going through the NRHS went from the warrant issue to a regional vote issue, how would it have affected our ability to put together our recommendations to the Select Board and the Town? Bill answered that originally the question was to be given to individual town meetings and then individual town elections. The School Committee decided to have a region wide election. The Finance Committee had a role at Town Meeting because it would have been a warrant article. We would have had an obligation and opportunity to report to the Town Meeting our recommendations. Because it has gone to a region wide election, we are denied that opportunity. 5.Discussion of schedule for budget deliberations Pete said there is a lot in the Warrant where we may have the petitioners come before the Committee to discuss. He has scheduled the 3rd of March for deliberations. He wants to get the easy ones out of the way at this meeting. He said we’ve done in the past kind of a scorecard of votes that are needed. Mimi Bernardo has last year’s, and she will send to Peter Lombardi so he can then send to Pete. March 3rd Budget deliberations and Citizens’ Petitions March 10th Cape Tech and Nauset March 17th & 24th Budget deliberations and votes March 30th Election March 31st Citizens’ Petitions April 7th last day of the vote to be recorded Peter Lombardi asked for next week’s meeting, maybe bringing in the citizens petitioners from last year and wondered if Pete still wanted to do that. Pete said that would be great. Peter Lombardi will reach out to the Dog Park and the Climate petitioners and the Private Road Betterment. Pete will put them on the Agenda for next week. Bob wanted to make note the March 3rd meeting conflicts with the NRHS information sessions – next week is the discussion on School Choice. Pete said, as Liaison, it would be important for Bob to attend to keep us informed. Robert said the Brewster School Committee is meeting tomorrow. He wanted to know when we would get that budget and will we be reviewing with the other schools. Peter Lombardi answered they will be presenting on the 10th. Finance Committee Minutes February 24, 2021 Page 4 of 5 6.Discussion concerning participation in Public Forums on Nauset Regional High School Project and upcoming election. Pete declined presenting at one of these meetings because he considers the role of the Finance Committee is advising the taxpayers of Brewster and through Town Meeting. If Orleans was participating in the Brewster community network, he would find that inappropriate. He thanked them for reaching out, but does not feel it is the Brewster Finance Committee’s role to present to the Orleans taxpayers. Our Subcommittee Report is available on the Town of Brewster website. Frank has agreed to represent us at the Brewster Community Network as Vice Chairman of the Finance Committee. It is very difficult to be at any of these forums as a private citizen and in the end you are still there representing the Finance Committee. 7.Discussion and Vote on Debt Exclusion for Nauset Regional High School Pete said this is going to be two elections – for the project and then for the debt exclusion to fund it. It is his intention to take a position on the debt exclusion. His feeling is these are two separate votes. You can vote for the project or against the debt exclusion. Honey doesn’t think this point is understood by the general public. Anyone she speaks with seems to think if you vote “no” on the project, you vote “no” on the debt. She wondered if there were any educational efforts to make sure the question on the ballot is understood. Peter Lombardi said the question is fair and there are likely plenty of voters who don’t differentiate between the votes. The Town can’t absorb another $3M within our levy limit to fund this project, it would have to be with a debt exclusion. We would have the opportunity to go back for another vote if we needed to, but that is not ideal. We have to be very careful what information we put out regarding the election structure and vote. We expect to put information up on the website which will hopefully clarify the issues. Pete said we will wait for a vote until we have more information in terms of overall impact in the Brewster Assessment. 8.Liaison Reports - none 9.Review and Approval of Minutes 1/27/21, 2/8/21, 2/10/21 Bill Meehan MOVED to accept the Minutes from 1/27/21 as written. Frank Bridges second. Roll Call Vote: Bill Meehan – yes, Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Rob Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bill Meehan MOVED to accept the Minutes from 2/8/21 as written. Alex Hopper second. Roll Call Vote: Bill Meehan – yes, Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – abstain, Rob Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no 1-abstain Finance Committee Minutes February 24, 2021 Page 5 of 5 Rob Tobias saw on page 2- Bill Meehan, not Bill Tobias – right at the lunch break Bill Meehan MOVED to accept the Minutes from 2/10/21 as corrected. Frank Bridges second. Roll Call Vote: Bill Meehan – yes, Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Rob Tobias – yes, Alex Hopper – abstain, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no 1-abstain 10. Request for agenda items for future meetings – please email Pete -Bob mentioned disbanding the Subcommittee as it has finished its business for the Committee. 11. Matters Not Reasonably Anticipated by the Chair- none 12. Next Finance Committee Meetings – 3/3/21 & 3/10/21 13. Adjournment Bill Meehan MOVED to adjourn the meeting at 7:45 PM. Frank Bridges second. Roll Call Vote: Bill Meehan – yes, Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Rob Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Respectfully submitted, Beth Devine