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HomeMy Public PortalAbout03.31.21 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 31, 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. Welcome Guests 7. Town Administrator/Finance Director Report 8. Policies and Procedures Update (Standing Item) 9. Presentation, Discussion and Vote on Article 24 – Hunting on Town Property 10. Discussion and Vote Elementary School Budget – Article 2 11. Discussion and Vote Nauset Regional Public School Budget – Article 3 12. Discussion and Vote on remaining Town Meeting Warrant Articles 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 – 4/07, 4/14, 4/21, 4/28 18. Adjournment Date Posted: Date Revised: Received by Town Clerk: 3/29/21 ELBOW POND WALKER'S POND UPPER MILL POND SEYMOUR POND WESTGATEROADBLACK DU CK C A R T W A Y PUNKHORNROADRUNHILLROADARCH I E ' S C A RTWAY SQUANTUMPATHCRANVI E W R OAD REDMAP L E R O A D SLOUGHROAD Select Board Conservation Commission Board of Water Commissioners Building Road Í 0 1,500 3,000750 Feet Town-owned Parcel Custody inSouthwest Brewster. N DAJFEB / 2021 H A R W IC H KP Law, P.C. | Boston • Hyannis • Lenox • Northampton • Worcester February 10, 2021 Jonathan M. Silverstein jsilverstein@k-plaw.com CONFIDENTIAL - NOT A PUBLIC DOCUMENT Mr. Peter Lombardi Town Administrator Brewster Town Hall 2198 Main Street Brewster, MA 02631-3701 Re: Punkhorn Parklands Hunting Prohibition Bylaw Dear Mr. Lombardi: You have requested an opinion regarding a potential Town Meeting warrant article under consideration concerning hunting on Punkhorn Parklands (the “Parklands”). Specifically, you have informed me that ten or more registered voters are considering petitioning an article for the 2021 Annual Town Meeting warrant that would prohibit hunting on the Parklands, and you have requested an opinion as to the form of such an article whether Town Meeting has the authority to pass an article to that effect. It is my understanding that, at the request of several residents, the Conservation Commission and Department of Natural Resources recently took steps, in consultation with the Select Board, to expand hunting on the Parklands on a limited basis. A separate group of residents has now requested that a warrant article to prohibit hunting on the Parklands be presented to the upcoming Town Meeting. A member of the citizen group seeking to prohibit hunting on the Parklands has suggested the Town adopt a bylaw similar to that recently approved by the Provincetown Town Meeting.1 As described below, in my opinion, Town Meeting likely has the authority to pass a bylaw prohibiting hunting on public property, such as the Parkland. 1 At its September 21, 2020 Annual Town Meeting, Provincetown voters approved the following amendments to Chapter 13 of the Provincetown General Bylaws: No person shall discharge any gun, including paint ball guns, fowling piece, pistol, or firearm or release an arrow from a bow or hunt or trap or poison or set fire to any material known as fireworks, or other combustible matter, in any of the public ways, streets or places of the Town, including but not limited to conservation land or other Town owned property, except for lands under control of the Cape Cod National Seashore and Clapp’s Pond Property; except on such occasions approved by the Select Board upon public notice; provided, however, this section shall not apply to any person abating nuisance or in the exercise of duty required by law. Mr. Peter Lombardi Town Administrator February 10, 2021 Page 2 Legal Background Town Meeting is the Town’s legislative body, and the Select Board is its chief executive. Brewster General Bylaws, §§5-2 (Town Meeting is legislative branch) and 5-3 (Select Board serves executive function); see generally Twomey v. Town of Middleborough, 468 Mass. 260, 263 (2014). As such, Town Meeting may not exercise executive powers or direct, compel, or control executive action. See Anderson v. Board of Selectmen of Wrentham, 406 Mass. 508, 512 (1990); Breault v. Town of Auburn, 303 Mass. 424, 428 (1939). Town Meeting cannot direct or control “one whose duties have been defined by the Legislature.” Breault, 303 Mass. at 428 (quoting Daddario v. City of Pittsfield, 301 Mass. 552, 558 (1938)). “More specifically, a town meeting cannot exercise authority over a board of selectmen when the board is acting in furtherance of a statutory duty.” Twomey, 468 Mass. at 270. However, as the legislative body, Town Meeting may enact bylaws that direct public officials to act or refrain from acting in certain circumstances. Under the Home Rule Amendment to the Massachusetts Constitution, Article 89 of the Articles of Amendment, and the Home Rule Procedures Act, G.L. c. 43B, §13, municipalities may enact local bylaws on any subject so long as the local enactment is not inconsistent with the laws or constitution of the Commonwealth. See generally Bloom v. City of Worcester, 363 Mass. 136 (1973). A local law may be inconsistent with state law if it is in direct conflict with the state law, or if the Legislature has so occupied a field that local regulation has been implicitly preempted. See id. at 279-280. However, to be preempted, the conflict in the state and local law must be “sharp,” and absent a comprehensive statutory scheme regulating a subject, municipalities “through their by-laws may supplement the statutory provisions so long as their by- laws are not inconsistent with any State law.” Marshfield Family Skateland, Inc. v. Town of Marshfield, 389 Mass. 436, 442 (1983) (town may prohibit an activity notwithstanding state statute allowing local licensing board to issue licenses for that activity). As relevant to both issues described above, hunting on public property and parklands is prohibited under G.L. c. 131, §59 unless the public body with custody of the property permits it. Specifically, said Section 59 provides: A person shall not hunt, or in any manner molest or destroy, any bird or mammal within the boundaries of any reservation, park or common, or any land owned or leased by the commonwealth or any political subdivision thereof, or any land held in trust for public use; except that the authorities or persons having the control and charge of such reservations, parks, commons or other lands, may, with such limitations as they deem advisable, permit the hunting, within said boundaries during the applicable open season of any birds or mammals. [Emphasis added.] Mr. Peter Lombardi Town Administrator February 10, 2021 Page 3 Analysis In my opinion Town Meeting likely has the authority to adopt a bylaw, similar to the one approved by the Provincetown Town Meeting, which prohibits hunting on public ways, conservation land, or other Town property, because that is a proper legislative action. Although the bylaw approved at the Provincetown Town Meeting is still under review at the Office of the Attorney General, I note that similar bylaws have been approved in other communities, such as Norfolk, Canton and Needham. In fact, in approving similar portions of a bylaw enacted by the Town of Norfolk, the Attorney General specifically found that a bylaw prohibiting hunting on Town-owned land without the permission of the Board of Selectmen was consistent with G.L. c. 131, §59. As observed by the Attorney General, it is my opinion such a bylaw is not inconsistent with State law and, in fact, the regulation of hunting on public lands is expressly allowed pursuant to G.L. c. 131, §59. It is, likewise, my opinion that the fact that the property may be held by the Town for conservation purposes does not alter this conclusion. Though the Conservation Commission has jurisdiction over conservation lands in the Town, it is my opinion that Town Meeting, through the passage of a bylaw, may exercise concurrent jurisdiction in this area. See Globe Newspaper Co. v. Beacon Hill Architectural Commission, 421 Mass. 570 (1996) (recognizing that different departments in same municipality may have jurisdiction over related subject-matter). Therefore, in my opinion, that Town Meeting likely has the authority to enact a bylaw prohibiting hunting on Town-owned land, including the Parklands. I will inform you as soon as the Attorney General’s Office approves or disapproves the Provincetown Bylaw. If that bylaw is disapproved, the Town could consider a home rule petition for special legislation to authorize adoption of the bylaw. If you have any additional questions concerning these issues, please do not hesitate to contact me. JMS/MVS/man 750276/BREW/0001 Very truly yours, Jonathan M. Silverstein Brewster Finance Committee Supplemental Budget Questions for Nauset Regional & Brewster School Committee, Superintendent and Nauset Regional School District Finance Director For both the Brewster schools and NRSD: 1. Please confirm whether the “Steps and Lanes” for FY2022 are included in the Reserve for Negotiation line Item or if they are included in the proposed operating budgets. ANSWER: As previously discussed and presented at the meeting of the Finance Committee and Board of Selectmen, the Reserve for Negotiation line items includes the following: COLA, Steps and Lane changes. 2. Please confirm that FY21 steps and lanes are included in operating budgets ANSWER: As previously discussed and presented at the meeting of the Finance Committee and Board of Selectmen, the Reserve for Negotiation line items includes the following: COLA, Steps and Lane changes. 3. Please provide COLAs from FY14 to present (FY20) ANSWER: Please see the Teachers’ Contracts attached. 4. Please provide copies of the Teacher union contracts for that same period (these will all include their wage tables, with steps and lanes) ANSWER: Please see the Teachers’ Contracts attached. 5. Please provide the number of retirements by year from FY14 to present & one-time costs associated with those retirements (contractual obligations like sick leave buyback) ANSWER: Please be advised, we will need time to assemble this information. The Payroll Coordinator is on a medical leave of absence. 6. Philosophy on new hires. What level of contract are you targeting – we believe it may be Masters 5? ANSWER: The District budgets where applicable at a Masters Step 5 for retiring teaching staff; however, there are instances whereby positions are difficult to fill and require budgeting at higher steps. For Example: School Psychologist, Math and Science positions. The District looks to fill positions with the best, qualified staff. 7. Annual FTE count from FY14 to present a. ANSWER: Please be advised, we will need time to assemble this information. The Payroll Coordinator is on a medical leave of absence. Current FTE Count as of 3.25.2021 for Brewster Elementary Schools and Nauset Region: Brewster Elementary Schools FTE: 98.1 Preschool FTE: 12.4 Region Shared (OT/PT) FTE: 4.6 High School and Middle School FTE: 250.5 Central Office (includes TECH support staff) FTE: 17.2 8. Annual total increases from FY14 to present for steps and lanes ANSWER: Please see the Teachers’ Contracts attached. For the NRSD: 9. Please provide an actual, detailed reconciliation of these numbers: We are trying to understand the total expenditures to educate the students in the Nauset Regional School District. There are three sources of information that provide expenditure data: (1) the budget packages, which contain Budget vs. Actual data for prior years; (2) the DESE EOYR reports; and (3) the NRSD audited financial statements. But, these three sources provide varying data. FY18 is the most recent fiscal year where we have access to all three of these sources of data. To help establish a baseline understanding of what we’re being asked to support, please reconcile and provide an explanation of the following data from FY18: From the budget: FY18 Actual $27,687,923+ $1,004,653 Central Office (budgeted) = $28,692,576 From the FY18 EOYR report: $34,315,789 From the FY18 Audited Financial Statements: $32,370,503 (General Fund Expenses, page 4) From the FY18 Audited Financial Statements: $39,122,482 (Total Governmental Funds, page 4) From the FY18 Audited Financial Statements: $43,673,934 (Governmental Activities, page ix) ANSWER: All reporting entities require certain information in preparing their respective documents for their use. Therefore, all documents are accurate as presented per their unique requirements. Use of the DESE per pupil costs to educate students is the source to use as it details the total sources of funds and total expenses. Finance Committee Minutes March 17, 2021 Page 1 of 5 TOWN OF BREWSTER FINANCE COMMITTEE Date: March 17, 2021 Time: 6:00 PM VIRTUAL MEETING MINUTES Present: Chair Pete Dahl, Vice Chair Frank Bridges, Honey Pivirotto, Bob Young, Robert Tobias, Alex Hopper, Andy Evans Also present: Mimi Bernardo, Finance Director; Peter Lombardi, Town Administrator Absent: Clerk Bill Meehan 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 addressed the committee - One bit of good news we’ve received after analysis of the American Rescue Plan, it looks like Brewster will be eligible to receive about $950,000 in Federal Funding. Above the $850,000 from the CARES Act last year. This funding is planned to be released one disbursement this year and one next, but relatively soon. We will have more information for the use of these funds as we go, where it does seem to have some expansion of uses which could include revenue shortfalls due to the pandemic. Barnstable County set to receive a little over $41M, Brewster’s share is $1.9M. We will be working with the County during the coming months as to how that will all go and get dispersed. This is all one time funds, so we must be mindful of that and target them appropriately in the budget. There is some allotment for investment in infrastructure. Bob asked for a reminder of the major chunks of CARES funding to date. Peter Lombardi asked Mimi Bernardo to respond to this question. Mimi Bernardo shared her screen with a spreadsheet of just that information. This has been an interesting task because this isn’t just Town Hall, she has been reconciling for the Eddy and Stony Brook schools as well. One big ticket items that we did seek specific approval from CARES is moving our email over to Microsoft 365, so CARES will pick up that cost. Under accelerated telework capacity is covered for $40,000 – Hello Sign, Zoom, laptops, video cameras for their computers, etc. Cleaning, disinfecting, hand sanitizer, social distancing measures – including widening beach paths and beach ambassadors, etc. is another large ticket item. Bob followed up by asking if the Microsoft 365 money would come out of our budget. Mimi Approved: VOTE: Finance Committee Minutes March 17, 2021 Page 2 of 5 Bernardo said, no, it is accounted for in separate funding. Peter Lombardi added that the one time cost is covered by CARES, if it is ongoing, it has to be covered by our Operating Budget. Robert asked if the Brewster Affordable Housing Trust rental assistance money would qualify for that program. Mimi Bernardo answered that rental assistance is a CARES eligible cost. Pete asked about the capital infrastructure project such as water and sewer, could they be eligible for CARES funding or American Rescue Plan funding? Peter Lombardi answered that might be possible, but we wouldn’t know until later when we have more guidance from the programs. 3. Policies & Procedures Update - none 4.Discussion and Vote on Town Charter Pete wished Bill were here to thank him for being our liaison for the Charter Committee. Bob had two points, he understands the notion that an appointer being able to remove an appointee from a multi member body. He is sympathetic to the notion of multiple absences being a rational condition for removal. He still comes back to Ch. 5.1.1.b under general authority - the specific part about written notice and a public hearing. There is unlimited ability for the Moderator to remove a member without cause. He feels it is too much power in any one person’s hands to have the 9 votes of the Finance Committee being at their will. What are the potential issues with this ability? There could be misuse of this power. Pete added that the Moderator’s position is elected, therefore he can be replaced at the ballot box. Peter Lombardi said the discussion around this issue on the Charter Committee, he thinks the one governor that has been added is the fact that there is a required public hearing. Hypothetically, the moderator could seek to remove a member for “no cause,” but would need to come before a public hearing to speak the concerns in a public way, which was the feeling from the Charter Committee as it was appropriate in providing checks and balances on that provision. There is a due process language in that phrase from a Legal standpoint. Pete said putting things in the light of day does make people more cautious. Robert Tobias MOVED to recommend approval of the Town Charter, Article 27, as stated in the Warrant. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bob Young – no, Honey Pivirotto – yes, Andrew Evans – yes, Rob Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 6-yes 1-no 5.Discussion and Vote on Town Meeting Warrant Budget Articles Article 4 – Assessment Formula for Nauset Regional Schools Peter Lombardi said at a high level, we have been following this formula for a number of years. In terms of State Guidelines, there are statutory or the alternative. There was analysis of this over the past 3 years, for Brewster, it depends on the year +/- $50,000. There isn’t much that would incentivize Brewster to pick one formula over another. This has been in place and will apply to FY23. The context was around questions regarding how Capital Funds were allocated around the Assessment. Robert Tobias MOVED to approve Article 4, Assessment Formula for Nauset Regional Schools. Frank Bridges second. Finance Committee Minutes March 17, 2021 Page 3 of 5 Roll Call Vote: 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: 7-yes 0-no Article 5 – Town Government Operating Budget – Total $21,607,218 General Government - $2,439,887 Pete said we had a very good presentation on this during our day long budget meeting with the Select Board in February. Bob asked if the Microsoft 365 – is that number still in the IT budget or is it separate. Peter Lombardi said it is not included in the IT budget, there might be ongoing maintenance costs, but the original $40k is not. Public Safety - $6,749,526 Public Works - $2,184,795 Culture and Recreation - $896,042 Debt Service - $2,007,298 Insurance, Utilities, and Fringe Benefits - $5,637,615 Other operating expense, assessments, and transfers - $814,390 Robert wanted to make it known, on the record, that even though these budgets were looked at tonight in a rather quick way, that is only because on February 10th, there was a full day budget meeting going over all of these budgets throughout the day and to be able to mull them over up to tonight. Robert Tobias MOVED to approve Article 5, Town Operating Budget, individual departments to be raised and appropriated excluding Human Services which sum $20,729,553. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no Pete said we are leaving out Human Services at this time because the group will be in front of the Committee to make a presentation at our next meeting. Article 6 - Golf Reserve Fund - $3,661,234 Frank said in prior years when golf was expecting a deficit, we split the insurance which was another line item in the budget to absorb golf expenses. And we also increased the allocation to golf of the indirect charges for FY21, they did not exist before that so the Town has been absorbing more than $100,000 of revenues to the Town. This is something that can be raised in Town meeting when we get to that budget item. Peter Lombardi said that both Water and Golf are self-sustaining, there’s no subsidy from the General Fund, and they are delivering a balanced budget. Pete said he would be remiss if he didn’t mention the job that Mark O’Brien and the Golf Department has done keeping this moving forward in really difficult times and getting to the point where the debt is extinguished on this and they can move forward and get some work done on the course. It is a really nice public access. Finance Committee Minutes March 17, 2021 Page 4 of 5 Robert Tobias MOVED to approve Article 6, Golf Reserve Fund in the amount of $3,661,234 to be raised and appropriated. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no Article 7 - Water Enterprise Fund - $2,736,969 Robert Tobias MOVED to approve Article 7, Water Enterprise Fund in the amount of $2,736,969 from Water Department Receipts. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no Article 9 - Capital and Special Projects –deferred Articles 11, 12, and 13 Robert Tobias MOVED to approve Article 11, 12, & 13 as stated in the Warrant. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no 6.Discussion and Vote on School Budgets Article 1, Cape Tech Operating Budget Assessment and Debt Assessment Robert Tobias MOVED to approve the Cape Tech Operating Budget Assessment and Debt Assessment totaling $1,235,073, Article 1, to be raised and appropriated. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no Article 2, Brewster Elementary Schools Operating Budgets Robert Tobias MOVED to approve Article 2, Brewster Elementary Schools Operating Budgets to raise and appropriate a transfer of available funds $10,082,801. Frank Bridges second. Bob went over his analysis of these items with the Committee. On page 4, he put together an excel spreadsheet for Eddy and Stony Brook with every salary line item included in their detail budget with total salaries for Eddy of $2,946,479 and Stony at $2,936,394. The reserve for negotiation for Eddy is $229,234 and Stony at $230,293. So his question is why we need such a large reserve for negotiation relative to the salaries at the schools. The Committee discussed and decided they are not ready to vote on this Article until they get clarity on the line item with Steps and Lanes increases in reserve for negotiation. Pete said the Committee will table this vote to another meeting. He will also send this information out to the schools and request someone be at the next meeting to answer questions. Finance Committee Minutes March 17, 2021 Page 5 of 5 Robert Tobias MOVED to rescind the original motion. Frank Bridges second. 7.Discussion and Vote on Debt Exclusion for Nauset Regional High School Pete wanted to make sure the Committee voted on the Debt Exclusion regardless of their vote for the actual project should the project be approved in the referendum. This is a very important vote. Robert Tobias MOVED to approval the Debt Exclusion for Nauset Regional High School Project. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no 8.Liaison Reports - none 9.Review and Approval of Minutes 2/24/21 & 3/3/21 Robert noticed a correction – page 2, para 5, Bob mentioned presentations – Robert suggested the edit be: “to include actuals and budgets” Robert Tobias MOVED to approval the Minutes of 2/24/21 as amended. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no Robert Tobias MOVED to approval the Minutes of 3/3/21 as presented. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no 10. Request for agenda items for future meetings – please email Pete 11. Matters Not Reasonably Anticipated by the Chair- none 12. Next Finance Committee Meetings – 3/24/21 13. Adjournment Robert Tobias MOVED to adjourn the meeting at 8:07 PM. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no Respectfully submitted, Beth Devine Packet of additional materials for public review posted on website. Finance Committee Minutes March 24, 2021 Page 1 of 8 TOWN OF BREWSTER FINANCE COMMITTEE Date: March 24, 2021 Time: 6:00 PM VIRTUAL MEETING MINUTES Present: Chair Pete Dahl, Vice Chair Frank Bridges, Clerk Bill Meehan, Honey Pivirotto, Bob Young, Andy Evans, Robert Tobias, Alex Hopper Also present: Mimi Bernardo, Finance Director; Peter Lombardi, Town Administrator; Donna Kalinick, Assistant 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. Welcome Guests 3.Town Administrator/Finance Director Report Peter Lombardi addressed the committee – Nothing new from last week to this week to report. 4. Policies & Procedures Update - none 5.Discussion and Vote on Human Services – Sean Parker, Chair Sean Parker, Chair of the Health and Human Services Committee, addressed the Finance Committee – He would like to thank the 17 incredible organizations that give so much more than they ask. The AIDS Support Group of Cape Cod, the Alzheimer’s Family Caregivers Support Group, CapeAbilities, Cape Cod Children’s Place, Consumer Assistance Council, Duffy Health Center, Elder Services, Family Pantry of Cape Cod, Gosnold, Homeless Prevention Council, Independence House, Lower Cape Outreach Council, Nauset Together We Can, Nauset Youth Alliance, Outer Cape Health Services, Sight Loss Services, and the South Coastal Counties Legal Services. The Committee recommends grants totaling $129,900 which is an increase over last Approved: VOTE: Finance Committee Minutes March 24, 2021 Page 2 of 8 year of $8,280, an increase of 6.8%. There were special circumstances this year. For example, Nauset Youth Alliance, Brewster has been funding them for the past few years, they requested $20,000 this year because of an existential crisis due to COVID. They have cut hours and cut staff, and it’s important they are kept part of our community. They allow young families to go to work knowing that their children are in a safe educational, caring and fun environment. To keep to the 2.5%, we could only grant $12,000, but a few weeks later, through the COVID relief working group, we got multiple requests to help families pay for tuitions. They requested the Health and Human Services Committee give them a one-time amount of $5,000 to get to $17,000 of their $20,000 request. We were unanimous in support of this request. Next year we will go back to the 2.5%. In sum, we are asking $129,900 for these incredible organizations. Frank asked to see a similar chart as they were provided last year with prior year’s funding to this year’s funding. Sean Parker answered they are all the same organizations as last year. Pete wanted to make sure to mention all of the amazing work that Sean Parker and the other groups do supporting Brewster residents taking advantage of these services. Sean Parker said a couple examples he could give the Committee to show what good work they have been doing for our residents - looking at the Elder Services of Cape Cod, Meals on Wheels provides services for 88 Brewster residents with an estimated total cost of $87,000/year which is 9,357 meals. Cape Abilities serves 28 Brewster residents with vocational training, support employment, day habilitation, and life skills for an estimated total cost of $2,268,618. Pete said they are all tremendous organizations. Bill Meehan MOVED to approve under Article 5 of the Warrant, the full FY22 Budget, a grand total of $21,617,218 as printed in the Warrant. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no 6.Discussion and Vote on Article 8 – CPC – Faythe Ellis, Chair Faythe Ellis addressed the Committee – She gave a brief background of the Community Preservation Committee and then went through the whole of Article 8. We are estimating revenue of $1.2 Million in FY22 sourced from the 3% tax surcharge and state contribution. That money will be allocated as listed: $124,712 for Historic Preservation Reserve $124,712 to Community Housing Reserve $623,559 to the Open Space Reserve $374,135 to the Budgeted Reserve Projects: 1A Stony Brook Mill Retaining Wall Reconstruction and Restoration o The CPC funds will be the required local match to the federal funding from Natural Resources Conservation Service (NRCS) which is providing $290,000 in construction funds. Additional funding of $42,700 is coming from Cape Cod Conservation District. The CPC funds will be used for final permits and stone facing on the dam which will reuse existing stone. o Total project cost is $457,700. The requested amount is $125,000 o CPC voted 8-0-0 in favor of this project. 2A Housing Coordinator Finance Committee Minutes March 24, 2021 Page 3 of 8 o The town will provide funding for position benefits. o Total project cost is $85,874. The request is for $51,096. o CPC vote was 8-0-0 in favor 2B Cape and Islands Veterans Outreach Center Housing Program o The $50,000 Brewster CPC award will be used to defray construction expenses thus reducing or eliminating the need for a mortgage. o An additional $2500 set aside will cover any CPC legal costs related to the project. o Total project cost is $1,018,9751 o CPC vote was 8-0-0 in favor 3A Open Space Debt Service Payment o Open Space Debt service payment of $203,683 to fund principal and interest payments for open space acquisitions financed via long term bonding. 4A Habitat for Humanity, Red Top Road Community Housing o The homes will count on Brewster’s Subsidized Housing Inventory. o $100,000 of the award will go toward construction costs. o $5,000 will be set aside to cover legal expenses incurred by CPC in connection with the award. o Total project cost is $786,884 o CPC Vote 8-0-0 in favor 4B Brewster Affordable Housing Fund Rental Assistance Program o $150,000 to provide additional funds for the Covid Rental Assistance Program o CPC Vote 6-0-0 in favor 4C Brewster Dog Park o $185,000 ask to fund the Dog Park o Stanton Foundation $225,000 contribution o Friends of Brewster Dog Park $50,000 contribution o CPC Vote 4-3-0 in favor 4D Administrative Expense o This is to set aside funding for the CPC’s general administrative and operating expenses. o The Community Preservation Act allows up to 5% of expected revenues for this purpose. o The amount being set aside is $62,356 Bill Meehan MOVED to approve as quoted in the Warrant, Article 8, Subsection 1A, in the amount of $125,000 to be transferred from the Historic Preservation Reserve. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bill Meehan MOVED to approve under Article 8, Section 2A, Community Housing, Housing Coordinator, in the amount of $51,096 to be transferred from Community Housing Reserve. And this motion will also include 2B, Cape & Islands Veteran’s Outreach Center, transfer of $52,500 from Community Housing Reserve. Totals $103,596. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – abstain, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no 1-abstain Finance Committee Minutes March 24, 2021 Page 4 of 8 Bill Meehan MOVED to approve under Article 8, Section 3A Open Space, for Community Preservation Bonded Debt Service a transfer of $203,683 from Open Space Reserve as printed in the Warrant. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bill Meehan MOVED to approve Article 8, section 4A, the sum of $105,000 to be transferred from budgeted reserve; under 4B, the sum of $150,000 also from budgeted reserve; and under 4C, the sum of $185,000 also from budgeted reserve. Frank Bridges second. Pete asked Faythe Ellis to give some sense of why some of the CPC did not vote in favor of 4C, the Brewster Dog Park. Faythe Ellis answered the reasons given were, the scale, overall cost, CPC ask, and one member felt the use from a human perspective was primarily social rather than recreational. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – abstain, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no 1-abstain Bill Meehan MOVED to approve Article 8, Section 4D, Administrative Expense, the sum of $62,356 to be appropriated from FY22 CPA estimated Annual Revenues. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no 7.Discussion and Vote on Article 26 - Citizens Petition – School Choice Helga Dyer addressed the Committee – David Danish and she represent a large and ever growing group of Brewster residents who feel that the Nauset Regional School District exploitations of the School Choice program is extremely unfair and places an unnecessary burden on the Brewster tax payers. It is not needed to have a rich, vibrant, and creative academic student program and it’s not fiscally sustainable. The MA School Choice Program has been in place since 1991 and allowed parents to enroll children in a district they did not reside. Under School Choice, all schools districts that have seats available, vote each year whether they will participate in the program. If yes, to what extent. Nauset Regional has added as many as 314 students, or 24% to its enrollment. The State average is less than 2%. The overall reimbursement is $5,500 per Choice Student which is paid by the sending district. This amount can only be changed by law. The operating costs of educating a student will rise to $23,000 if the 2022 budget passes. The state mandated $5,500/student is just a fraction and the taxpayer makes up the difference which amounts to more than $4M/year for the current Choice students where Brewster’s portion is approximately $2M/year. That is not a fair burden to put on the Brewster tax payers. Pete wanted to explain one thing, this is being presented as an Article. The Town has no authority over this. The way it is written, he would categorize this as an instructional motion at Town Meeting instructing the Select Board they would like to see some action on this. Peter Lombardi jumped in to say he is correct, and they haven’t got an answer back from legal yet. This petition would be advisory only particularly where there is a state statute that clearly governs relative to school districts and school committees to establish and annually update their School Choice Program. Pete said that as what he thinks as an instructional motion, if Town Finance Committee Minutes March 24, 2021 Page 5 of 8 Meeting were to take this up, they can advise them, but have no standing to tell them to do it. Peter Lombardi said in this instance they are advising a public body to make those decisions which have no authority to be involved in that policy process. Bill thanked Helga Dyer for the petition, but he intends to vote in opposition, not because he disagrees with Helga’s position or even the guidance within the petition. First of all, it attempts to direct policy from a body of which Town Meeting has no authority, and secondly, it has no force of law. He is in sympathy with the petition. He believes having this on the Warrant allows public discussion and that may be a good thing. Honey asked if there were an end date to the Regional Agreement. Peter Lombardi said there is not, it can be amended two ways, one by regional vote of the school committee and the other, through petition by 10% of the registered voters in any one member community. This would reopen the agreement, any amendments have to be approved by Town Meeting in all four communities and a Special Town Meeting may need to be called. Honey said so there is a mechanism to address the agreement. Pete said there may be a secondary way of doing it – if budgets were rejected and if 2/3rds of the member towns rejected the budget, they would have to reconsider their budget. This would trigger a whole lot of State law actions as well concerning the budget. Bob said it will come as no surprise that he is sympathetic to the idea that our Select Board should engage in a deep dialogue to understand the costs of School Choice to the District and to Brewster and then use that to have an open and candid discussion and perhaps a negotiation with the district to at least limit the cost. The Finance Committee produced a report and analysis that showed the cost is real at $4M-$5M/year. There are other analysis that come to similar conclusions. With regard to this article specifically, he will not be able to support it simply because the construct of it is troubling to him. He is very sympathetic to the thought behind it, and there needs to be a transparent open discussion. Bill Meehan MOVED to approve Article 26, Citizens Petition on School Choice as printed in the Warrant. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – no, Bob Young – no, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – no, Alex Hopper – no, Chair Pete Dahl– yes. The Committee voted: 4-yes 4-no 8.Discussion and Vote on Warrant Article 9 – Capital Projects Peter Lombardi addressed the Committee – there are a few minor changes to what we are proposing for Capital Projects from our original meeting in February. Select Board is number one, one addition which is – Article 9, Section 1F Five - Year Community Preservation Plan – review of the Town’s current CPA funding formula with an eye on making some revisions to the Capital Plan needs. Our needs will exceed our available funds based on our current funding formula is structured which is unique. We allocate 50% to Open Space, 10% to Historic Preservation, 10% to Affordable Housing, and 30% undesignated, usually for recreation projects. The statutory formula is 10% to Affordable Housing, 10% to Historic Preservation, 10% for Open Space and Recreation, and 70% undesignated. We are proposing to use a combination of CPC administrative funds, $62,000, and an additional $20,000 in free cash to hire a consultant to help the town develop a 5 year Community Preservation plan. It will take about 8 months or so beginning in May 2021. We will have a roadmap for the next 5 years on potential uses of CPC Funds. We think this project will cost approximately $30,000. Any changes to the funding formula will require approval of both Town Meeting and the local ballot. Finance Committee Minutes March 24, 2021 Page 6 of 8 Bill Meehan MOVED to approve Article 9, Section 1, Select Board Capital Disbursements, funded from General Fund Free Cash in the total amount $423,800. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bill Meehan MOVED to approve Article 9, Section 2, Elementary School Department Expenditures in the total amount of 220,000. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bill Meehan MOVED to approve Article 9, Section 3, Nauset Regional School District for Capital Plan Projects to be raised and appropriated in the sum of $269,400. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bill Meehan MOVED to approve Article 9, Section 4, Natural Resource for Walkers Pond Water Quality from General Fund Free Cash the sum of $40,000 as printed in the Warrant. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bill Meehan MOVED to approve Article 9, Section 5, Information Technology, Capital Funding for technology upgrades and replacements to be appropriated from General Fund Free Cash in the amount of $20,000. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bill Meehan MOVED to approve Article 9, Section 6, Water Department, Capital appropriations to be taken from Water Enterprise Funds the total amount of $240,000 to fund subsection A & B. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bill Meehan MOVED to approve Article 9, Section 6C, Capital for the Generator Project to be funded from borrowing debt service to be serviced from Water Enterprise Funds the total amount of $620,000. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Finance Committee Minutes March 24, 2021 Page 7 of 8 Bill Meehan MOVED to approve Article 9, Section 7, Department of Public Works in the total amount of $525,000. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bill Meehan MOVED to approve Article 9, Section 8, Fire Department, Emergency Management funds in the amount of $20,000, self-contained breathing apparatus in the amount of $100,000 for the total amount of $120,000 to be funded in part from General Fund Free Cash and in part from a previously approved Article 10, Item 9 on the May 6, 2019 Annual Town Meeting as printed in the Warrant. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bill Meehan MOVED to approve Article 9, Section 9, Capital expenditures by the Police Department to be funded out of General Fund Free Cash in the total amount of $170,000 as printed in the Warrant. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bill Meehan MOVED to approve Article 9, Section 10, Council on Aging Capital requests in the total amount of $40,000 to be funded from General Fund Free Cash as printed in the Warrant. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Bill Meehan MOVED to approve Article 9, Section 11, Ladies Library Capital expenditures in the total $14,418 to be funded from General Fund Free Cash as printed in the Warrant. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no 9. Discussion and Vote on remaining Town Meeting Warrant Articles Bill Meehan MOVED to approve Article 25, Captain’s Golf Course restaurant lease, an extension of the potential term of the lease as printed in the Warrant. Frank Bridges second. Bill wanted to give a background saying the current lease holder has done a wonderful job, however the previous lease holders have not. A shorter lease discourages bidders who may be best qualified, and he urged the Committees approval. Finance Committee Minutes March 24, 2021 Page 8 of 8 Bob asked if this were an approval for a 5 year lease in perpetuity or does it need to go back to Town Meeting every time. Peter Lombardi said it does have to go in front of Town Meeting each time to provide transparency to the residents and taxpayers so they understand what we are looking for in extending the lease. The longer leases do incentivize tenants to invest in the property. The current tenant has done a great job at that. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no 10. Liaison Reports - none 11. Review and Approval of Minutes 3/10/21 Joint with Select Board Bob Young said there were comments attributed to him, page 10 of 12 in the packet, would like to amend slightly – strike “which comes out at 2.5%” from that sentence. Add sentence before “Which means…” to say: Each of these figures gets the proposed budget increase for the middle and high school to 2.5%. Bill Meehan MOVED to approve the Minutes from 3/10/21 joint meeting with the Select Board as amended. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no 12. Request for agenda items for future meetings – please email Pete 13. Matters Not Reasonably Anticipated by the Chair- none 14. Next Finance Committee Meeting – 3/31/21 15. Adjournment Bill Meehan MOVED to adjourn the meeting at 8:09PM. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Andrew Evans – yes, Robert Tobias – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 8-yes 0-no Respectfully submitted, Beth Devine Packet of additional materials for public review posted on website.