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Select Board Meeting Packet - 05.03.2021
Town of Brewster Select Board 2198 Main St., Brewster, MA 02631 townadmin@brewster-ma.gov (508) 896-3701 AMENDED MEETING AGENDA Remote Participation Only May 3, 2021 at 5:30 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: Passcode: To request to speak: Press *9 and wait to be recognized. 2.Zoom Webinar: https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09 Passcode: 509224 Select Board Mary Chaffee Chair Benjamin deRuyter Vice Chair Cynthia Bingham Clerk David Whitney Edward Chatelain Town Administrator Peter Lombardi Assistant Town Administrators Susan Broderick Donna Kalinick 1.Call to Order 2.Declaration of a Quorum 3.Meeting Participation Statement 4.Recording Statement 5.Executive Session Separate Packet To discuss strategy with respect to collective bargaining if an open meeting may have a detrimental effect on the bargaining position of the public body and the chair so declares (MassCOP Local 332, NEPBA Local 78, SEIU Local 888, OPEIU Local 6, and IAFF Local 3763) To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel (Personnel & Police Personnel Bylaw) To conduct strategy sessions in preparation for negotiations with non-union personnel and to conduct contract negotiations with non-union personnel (Police Chief & Town Administrator) 6.Open Session Anticipated to Commence at 6:30 PM: Review and Vote on Employment Agreement with Police Chief 7.Review and Vote on Fiscal Year 2022-2023 Police Union Collective Bargaining Agreements - NEPBA Local 78 and MassCOP Local 332 8.Public Announcements and Comment: Members of the public may address the Select Board on matters not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting Law, the Select Board is unable to reply but may add items presented to a future agenda. 9.Select Board Announcements and Liaison Reports 10.Town Administrator’s Report Pages 3-46 11.Consent Agenda Pages 47-103 Meeting Minutes: Approval of Regular Session Minutes: March 15, 2021 and April 5, 2021 Request from Friends of Brewster Elders to use Drummer Boy for a Volunteer Grab and Go Lunch:June 15, 2021 Request from Brewster Recreation to Use Drummer Boy: August 6, 2021 Request from Brewster Recreation for Summer Programming at Upper Mill Pond & Crosby Beach Vote on One Day Liquor Licenses: Chatham Bars Inn Farm Vote on Special Event License: Snowy Owl Coffee Roasters 12.Discuss & Re-vote May 15, 2021 Article 9, 6c, Water Department Generator Project Pages 104-118 13.Discuss Town Meeting Warrant Article Assignments Page 119 Select Board Mary Chaffee Chair Benjamin deRuyter Vice Chair Cynthia Bingham Clerk David Whitney Edward Chatelain Town Administrator Peter Lombardi Assistant Town Administrators Susan Broderick Donna Kalinick 14.Status Update on Implementation of Commercial Plastic Bottle Ban & Plastic Bag Ban Pages 120-125 15.Status Update on Approved Brewster Marijuana Establishment: Haven Center – Chris Taloumis Pages 126-148 16.Review Dog Park Operations & Maintenance Plan & Discuss and Vote on Proposed Memorandum of Understanding with Friends of Brewster Dog Park Pages 149-172 17.Review and Vote on Proposed Short-Term Rental Revenue Allocation Policy (Select Board FY21-22 Strategic Plan Goals G-3 & H-1) Pages 173-176 18.For Your Information Pages 177-199 19.Matters Not Reasonably Anticipated by the Chair 20.Questions from the Media 21.Next Meetings: May 4, May 15, May 24, and May 26, 2021 22.Adjournment Date Posted:Date Revised:Received by Town Clerk: 04/29/2021 04/30/2021 COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Situation in Numbers Massachusetts current as of 4/29 644,688 Total Confirmed Cases (click here for more information) 17,243 Deaths among confirmed cases 21,264,961 tests for the virus conducted to date by MA State Public Health Laboratory, hospitals, and commercial laboratories. United States Last Updated 4/29 Case numbers are updated regularly at noon. Saturday/Sunday reports are preliminary and have not been confirmed with state/territorial health departments. Total Cases Reported to CDC: 32,031,068 Total Cases 571,297 Deaths 57 Jurisdictions Reporting Cases (50 states, D.C., Puerto Rico, Guam, Northern Marianas, Marshall Islands, American Samoa, and US V.I.) Social Distancing Basics: ✓ Stay Home ✓ Call/Facetime/online chat with friends and loved ones. If you go out for essential needs: ✓ Avoid crowds ✓ Stay 6 feet away from others ✓ Don’t shake hands or hug ✓ Wear a face covering or mask. Mo Thursday, April 29, 2021 CO COVID-19 Command Center Ma Massachusetts Emergency Management Agency CCenterSituation Report 23 Situation Update The Command Center Situation Report is published weekly. The next report will be published on Thursday, 5/6/21. In This Week’s Report: • Latest Data: Public Health & Vaccine Data Update • Week in Review: Key State Actions o Baker Administration Announces Plans for Continued Reopening o Grassroots vaccine outreach reaches hard-hit communities o DPH, Emergency Management, and Disaster Recovery Updates o Holyoke and Chelsea Soldiers’ Homes Weekly Update o New Communication Resources Helpful Links: • COVID-19 Vaccine in Massachusetts • Reopening Massachusetts • FEMA COVID-19 Funeral Assistance • Public Messaging Resources for Municipalities & Businesses • Mass.gov/findfoodhelp • Unemployment & COVID-19 • Massachusetts Emergency Management Agency • COVID-19 Cost Eligibility and Tracking Guidance COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Latest Data: COVID-19 Public Health Update COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Weekly Public Health Report: The Command Center released the Weekly Public Health Report on Thursday, 4/29. The report primarily includes information related to cases and inspection data for Long Term Care Facilities. Data previously included in the Weekly Report, including town-level data, contact tracing information (including active COVID cluster information by Exposure Setting Type), are now presented in the Daily Interactive Dashboard. Vaccine Update: For a more detailed weekly breakdown, visit the MA COVID-19 Vaccination Data webpage. MA Dose Allocation Update: This week, the Commonwealth received 444,930 first and second doses as part of the state allocation. These figures do not include doses provided directly from the federal government to the Federal Retail Pharmacy Program, Federally Qualified Health Centers (FQHC) or Community Vaccination Center (CVC). These numbers include a one-time shipment of 108,800 J&J vaccines. This week, first doses and second dose state allocations (total doses), were distributed among providers as follows: • Health systems and health care providers (excluding community health centers): 163,960 • Regional Collaboratives and Local Boards of Health: 118,230 • Mass vaccination locations: 115,890 • Community Health Centers state allocation only: 31,350 • Retail pharmacies (non-CVS) state allocation only: 4,500 • Mobile Clinics supporting long-term care facilities, congregate care, affordable/low-income senior housing, and homebound individuals: 10,000 Weekly allocations are subject to change based on federal availability, demand from providers, and obligations to meet second doses. Providers have 10 days to use their doses and must meet specific performance thresholds. Federal Doses: COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT In addition to the state allocation, the federal government has increased its distribution of vaccines to CVS Health sites as part of the Federal Retail Pharmacy Partnership as well as to certain Massachusetts federally qualified community health centers. These quantities fluctuate on a weekly basis and are not counted as part of the state’s weekly allocation but represent an increasing allocation to selected locations. This week, 254,490 first and second doses were allocated to the retail pharmacy program. 23 FQHCs received 88,400 doses directly from the Federal Government. The Community Vaccination Clinic at the Hynes Convention Center was allocated 42,120 doses. Week in Review: State Actions Baker Administration Announces Plans for Continued Reopening: On Tuesday, April 27th, the Baker-Polito Administration announced that Massachusetts will reopen some outdoor Phase 4, Step 2 industries effective May 10th and put plans in place for further reopening on May 29th and August 1st. The Administration continues to take steps to reopen the Commonwealth's economy with public health metrics continuing to trend in a positive direction. This includes drops in average daily COVID cases and hospitalizations. Massachusetts remains first in the nation for first vaccine doses and total doses administered per capita, among states with more than 5 million people. The Administration will also relax the Face Coverings Order for some outdoor settings, effective April 30th. Phase IV, Step 2 Industries and Gathering Changes: On March 22, Massachusetts loosened capacity restrictions and advanced to Step 1 of Phase IV of the reopening plan. Since then, case rates dropped by 20%. The positivity rate has dropped to the lowest levels recorded since last summer. Effective Monday, May 10th: Large venues such as indoor and outdoor stadiums, arenas, and ballparks currently open as part of Phase 4, Step 1 at 12% will be permitted to increase capacity to 25%. The Commonwealth will reopen some outdoor Phase 4, Step 2 industries including amusement parks, theme parks and outdoor water parks that will be permitted to operate at a 50% capacity after submitting safety plans to the Department of Public Health. Road races and other large, outdoor organized amateur or professional group athletic events will be permitted to take place with staggered starts after submitting safety plans to a local board of health or the DPH. Youth and adult amateur sports tournaments will be allowed for moderate and high-risk sports. Singing will also be permitted indoors with strict distancing requirements at performance venues, restaurants, event venues and other businesses. COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Effective May 29th: Subject to public health and vaccination data, gathering limits will increase to 200 people indoors and 250 people outdoors for event venues, public settings, and private settings. Subject to public health and vaccination data, additional Phase 4, Step 2 industries will be permitted to open including: • Street festivals, parades, and agricultural festivals, at 50% of their previous capacity and after submitting safety plans to the local board of health. • Bars, beer gardens, breweries, wineries, and distilleries, will be subject to restaurant rules with seated service only, a 90-minute limit and no dance floors. Subject to public health and vaccination data, the restaurant guidance will be updated to eliminate the requirement that food be served with alcohol and to increase the maximum table size to 10. Effective August 1st: Subject to public health and vaccination data, remaining industries will be permitted to open including: • Dance clubs, and nightclubs • Saunas, hot-tubs, steam rooms at fitness centers, health clubs and other facilities • Indoor water parks • Ball pits All industry restrictions will be lifted at that time, and capacity will increase to 100% for all industries, with businesses encouraged to continue following best practices. The gathering limit will be rescinded. Depending on vaccine distribution and public health data, the Administration may consider re-evaluating the August 1st date. The Department of Public Health will also continue to issue guidance as needed, including guidance to still require masks indoors. Face Coverings Order: Effective April 30th, the Face Coverings Order will be relaxed for some outdoor settings. Face coverings will only be required outside in public when it is not possible to socially distance, and at other times required by sector-specific guidance. Face coverings will still be required at all times in indoor public places. Face coverings will also continue to be required at all times at events, whether held indoors or outdoors and whether held in a public space or private home, except for when eating or drinking. At smaller gatherings in private homes, face coverings are recommended but not required. The $300 fine as an enforcement mechanism will be eliminated. Right: This week, Governor Baker received his 2nd dose of COVID-19 vaccine at the Hynes Convention Center vaccination site, operated by CIC Health and home to the FEMA Community Vaccination Center, which is supported personnel from the U.S. Navy, the Defense Department, and FEMA. The Governor reports that he felt “pretty good…just a little tired” after getting the shot and urges all residents to get vaccinated by visiting Mass.Gov/COVIDvaccine. COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Grassroots vaccine outreach reaches tens of thousands in hard-hit communities: A core piece of the Commonwealth’s Vaccine Equity Initiative is reaching out and providing access to vaccine to residents who live in 20 communities hardest hit by COVID-19. In a few communities, opportunities are offered to get vaccinated at local sites such as neighborhood markets, barber shops, nail and hair salons, restaurants, and other locations, making it easier for residents to get vaccinated where and when they want. DPH’s Mobile Vaccination Program has supported 57 community-based vaccination clinics in Boston, Chelsea, Brockton, Leominster, and Lowell. These efforts are in addition to the mobile vaccine program made possible because of the FEMA Community Vaccination Center operating at the Hynes Convention Center. Last week alone, mobile providers held more than a dozen clinics and administered over 7,000 vaccinations. Community grants have supported wide distribution of multilingual vaccine materials using creative methods such as including in food boxes distributed to residents. To bolster this effort on the ground, trained canvassers have gone door-to-door to share information, answer questions, and in some cases register individuals for vaccination appointments. Last week, canvassers knocked on more than 26,000 doors and made more than 5,000 phone calls to help people get vaccinated. The Vaccine Equity Initiative website has been expanded and is now updated weekly, including a specific page to reflect outreach work done with Tribes, Native Americans, Alaskan Natives, Pacific Islanders, Native Hawaiians, and Indigenous Peoples. The goal is to provide resources and culturally relevant outreach, education and mitigate barriers to accessing vaccines. Activity Type Completed Week Ending April 25th Cumulative Since Activities Began Doors Knocked 26,481 51,729 Phone Calls Made 5,364 17,146 Number of One-On-One Conversations 7,967 16,944 Number of Visibility & Outreach Events 137 335 Materials Disseminated 6,389 11,073 A Vaccine Equity Initiative canvasser hard at work last week in the city of Everett. COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Important Updates Department of Public Health Updates: • Findings from the DPH Community Impact Survey: Seven out of 10 Massachusetts workers experienced disruptions to their employment due to the COVID pandemic, including 10 percent who lost their jobs. New findings regarding employment were released yesterday from our DPH Community Impact Survey. Find them here: http://mass.gov/CovidSurvey. • Trusted Sources PSA: We have been recruiting a variety of spokespeople to publicly support COVID vaccination. In our latest video, Dr. Sharma Joseph, Tufts Medical Center, says, "No steps were skipped in the development of these vaccines. They’re all highly effective at keeping you out of the hospital and keeping you alive." • DPH Epidemiology Line handled 273 COVID-19 calls and 92 non-COVID-19 calls for a total of 365 calls from 4/19 through 4/25. • As of 4/28, the Academic Public Health Volunteer Corps has 313 volunteers supporting 36 local boards of health. • MA211 received 8,206 calls from Monday 4/12 through Sunday 4/25 for a new total of 291 ,634. • All HMCC Regions are at Tier 2 status, in accordance with the DPH COVID-19 Resurgence Planning and Response Guidance for Acute Care Hospitals. DPH and the COVID-19 Command Center will continue to work closely with all regions to monitor hospital capacity statewide. • There are currently 3 Rapid Response Teams, comprised of nursing staff, deployed to nursing homes across the Commonwealth. Teams are also administering second doses of Pfizer vaccine to nursing and rest home residents as well as Homebound individuals. The team resumed vaccination on Tuesday, April 26th using Janssen vaccine at nursing homes and rest homes that have a high number of residents that are unvaccinated while awaiting further recommendations. Findings from the DPH Community Impact Survey. Seven out of 10 Massachusetts workers experienced disruptions to their employment due to the COVID pandemic, including 10 percent who lost their jobs. New findings regarding employment were released yesterday from our DPH Community Impact Survey. Find them here: http://mass.gov/CovidSurvey. Emergency Management and Disaster Recovery Updates: Mass Care • One state contracted isolation/recovery hotel in the City of Everett continues to receive client placements. 68 individuals are currently housed in the program. o Top 5 referring cities: ▪ Boston (453) ▪ Worcester (198) ▪ Springfield (191) ▪ Quincy (127) ▪ Cambridge (120) o To date, a total of 2,408 residents have been placed in these hotels for safe isolation and recovery, an increase of 39 since last week. Community Food Box Program Update 4/23-4/30: MEMA is partnering with the Salvation Army, and a vendor, to bring in shelf-stable food boxes each week to support communities in their effort to deliver food to individuals and families in quarantine and isolation who require assistance accessing food. The last date of delivery is scheduled for April 30. While no more food boxes COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT will be delivered to MEMA’s warehouse after 4/30, distribution of food boxes will continue until inventory is depleted. Each week MEMA’s warehouse receives a delivery of shelf-stable food boxes. Distribution of food boxes is coordinated between MEMA and communities in need. The table below reflects the current food box inventory and number of food boxes distributed to communities during the weekly reporting period (data is updated every Friday). Total Number of Food Boxes in MEMA’s Inventory Total Number of Food Boxes Distributed to One or More Local Communities During the Reporting Period Total Number of Communities that Received Food Boxes During the Reporting Period 4,558 812 3 Grocery Card Distribution Program Update 4/21-4/30: As an extension of the isolation and quarantine food program, the Food Security Task Force has begun coordinating the distribution of grocery cards in addition to or in lieu of shelf-stable food boxes. These grocery cards allow individuals to have greater flexibility of food options and help accommodate unique dietary needs and cultural food preferences. Store Name Number of Cards Distributed During the Reporting Period Total Value of Cards Stop & Shop 266 $26,600 Market Basket 184 $9,200 Total Number of Communities Receiving Cards: 7 Logistics (including Personal Protective Equipment and Supplies) • 85 orders prepared for pickup or delivery from the MEMA State Logistics warehouse from 4/23-4/29. o As part of these orders, Mass Vaccination Sites, MDPH Community Health Centers, MDPH Community Grant Programs, and Command Center Vaccine Equity Programs are being supported o Orders are also being processed to support Housing Authorities and School Districts across the Commonwealth • DPH coordinated 10 deliveries to health care entities on Tuesday (4/27) (10 BinaxNOW kits); 13 deliveries were made on Thursday (4/29) (1 PPE and 12 BinaxNOW kits) and 4 deliveries have been scheduled for Friday (4/30) (4 BinaxNOW kits). Disaster Recovery On March 27, 2020, the President declared a Major Disaster Declaration for the Commonwealth of Massachusetts related to the COVID-19 pandemic response. Through this declaration, federal aid will be made available to cities and towns, state agencies, and certain non-profits in all Massachusetts counties to help pay for emergency protective measures (response costs) related to the COVID-19 pandemic. MEMA’s Recovery Unit has developed a webpage with information and guidance on, but not limited to, disaster declaration, eligibility criteria, and the application process. Highlights from the Disaster Recovery process include the following: COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT • FEMA RPA Requests: 665 (+1) • Technical Assistant Requests: 524 • FEMA extended the period of authorization for Emergency Feeding under major disaster declaration FEMA-4496-DR-MA until May 26, 2021. • Conducted FEMA eligibility webinar for Institutions of Higher Education on April 26th. Presentation materials will be uploaded to the MEMA website (webinar page) by the end of the week. • Reviewing appeals process with 5 applicants that received FEMA eligibility Determination Memos in April 2021. • Initiating outreach efforts to 32 municipalities that have not submitted Requests for Public Assistance (RPA) for the COVID-19 disaster. • Final kickoff with entities supporting a regional COVID-19 vaccination site scheduled for April 30, to review the FEMA Public Assistance process. • New project obligations (11): $20,374,832.60 Funeral Assistance FEMA began processing applications for funeral assistance starting on 4/12. FEMA will provide financial assistance for COVID-19-related funeral expenses incurred after January 20, 2020 (learn more here). FEMA COVID Funeral Assistance Program registration as of 4/28/21: Disaster State Registrations In Process Eligible Award Amount Withdrawn Ineligible 4496 MA 3,221 3,221 0 0 $0.00 0 Holyoke and Chelsea Soldiers’ Homes Update: NOTE: The Soldiers’ Homes are continuing regular reporting on the status of COVID-19 cases at the facilities but are transitioning the weekly reporting to the EOHHS State Facility Dashboard which is published every Wednesday afternoon. Cases will be reported weekly each Wednesday on this dashboard. COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Communications Resources New ‘Trusted Sources’ PSA We have been recruiting a variety of spokespeople to publicly support COVID vaccination. In our latest video, Dr. Sharma Joseph, Tufts Medical Center, says, "No steps were skipped in the development of these vaccines. They’re all highly effective at keeping you out of the hospital and keeping you alive." Please share this link on your social media with hashtag #TrustTheFacts. New Increasing COVID-19 Vaccine Uptake Among Members of Racial and Ethnic Minority Communities This CDC guide includes strategies, interventions, and ready-made messages and materials, as well as information on how to connect with others to increase COVID-19 vaccination confidence and access in racial and ethnic minority communities. Reminder Flyer: Preparing for your Vaccine Appointment This is a good handout to explain what you need to know before you head to your vaccine appointment, including the fact that the vaccine is free for everyone and you don’t need insurance, a driver’s license, or a Social Security number. Download and share this flyer in your outreach. Guidance for people who are fully vaccinated against COVID-19 • Until more people are vaccinated, prevention measures will be necessary, even for individuals fully vaccinated. Review MA’s Guidance for people who are fully vaccinated against COVID-19. CDC ‘plain language’ materials in multiple languages • Facts about COVID-19 Vaccines • Communication Resources for COVID-19 Vaccines • Myths and Facts about COVID-19 Vaccines • Benefits of Getting a COVID-19 Vaccine Other Public Messaging Resources for Communities: The COVID-19 Command Center and DPH have produced many communication resources aimed at helping communities inform and educate residents on recent executive orders and guidance related to COVID-19. • Trust the Facts, Get the Vax Campaign Materials | Mass.gov • COVID-19 Vaccine Posters | Mass.gov • Preparing for your COVID-19 Vaccination Appointment flier | Mass.gov • Guide to hosting a forum on the COVID-19 Vaccine | Mass.gov COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT Resources MassSupport MassSupport is the Massachusetts Crisis Counseling Program funded by the Federal Emergency Management Agency and managed in partnership between the Massachusetts Department of Mental Health and Riverside Trauma Center, a program of Riverside Community Care. Contact MassSupport by phone at 888-215-4920 or by email at MassSupport@riversidecc.org Red Cross Virtual Family Assistance Center In order to provide support to families and communities who have suffered loss as a result of the COVID-19 pandemic, the American Red Cross has developed a Virtual Family Assistance Center (VFAC), staffed by a team of specially trained mental health, spiritual care, and health services volunteers who are: • Connecting with families over the phone to offer condolences, emotional and spiritual support, and access to available resources • Providing support for virtual memorial services for families, including connecting with local faith-based community partners • Hosting online classes to foster resilience and facilitate coping skills • Assisting families with access to national, state, or local resources such as grief counseling, legal resources, funeral information, financial information services, or veterans’ assistance • Additional state- and local-specific resources are available. People can visit: https://www.redcross.org/virtual-family-assistance-center/ma-family-assistance-center.html to access this resource with special virtual programs, information, referrals, and services to support families in need. People without internet access can call toll-free 833-492-0094 for help. All Family Assistance Center support will be provided virtually and is completely confidential and free. Department of Elementary and Secondary Education The Department of Elementary and Secondary Education (DESE) now reports on the number of positive COVID- 19 cases as reported to the DESE by school districts (including charter schools), collaboratives, and approved special education schools. The data only represents what has been reported to DESE. For more information and to view the report people can visit: http://www.doe.mass.edu/covid19/positive-cases/ COVID-19 Test Site Locator MEMA, in conjunction with the COVID-19 Command Center, has developed an interactive tool that shows the locations of COVID-19 testing sites around the Commonwealth. Massachusetts COVID-19 Response Dashboard MEMA has developed and maintains a public-facing COVID-19 ArcGIS Online dashboard, available here. This dashboard is continuously updated and captures information about current COVID 19 case counts, cases by age, cases by county, hospital status, hospital bed status, death tolls, and deaths by age. Users should refresh the dashboard daily as enhancements are continuously being added. Health care facilities can learn more about requesting personal protective equipment here. Stay Informed • Get information from trusted sources. Get notified by text, email, or phone call in your preferred language. Visit https://member.everbridge.net/index/406686158291020/#/signup to sign-up for AlertsMA for the latest news on the Commonwealth’s response to COVID-19 COVID-19 RESPONSE COMMAND CENTER WEEKLY SITUATION REPORT • Take care of your emotional health: • Call 2-1-1 and choose the “CALL2TALK” option. • Samaritans is continuing operations 24/7, as always. During this unprecedented time, it can feel overwhelming to receive constant messages about COVID-19. Call or text their 24/7 helpline any time at 877-870-4673. • The Disaster Distress Helpline, 1-800-985-5990, is a 24/7, 365-day-a-year, national hotline dedicated to providing immediate crisis counseling for people who are experiencing emotional distress related to any natural or human-caused disaster, including disease outbreaks like COVID-19. This toll-free, multilingual, and confidential crisis support service is available to all residents in the United States and its territories. How to Help Out • Donate to the Massachusetts COVID-19 Relief Fund The Need for Blood Donations Continues, and Recovered COVID-19 Donors Can Help Save Lives In coordination with the U.S. Food and Drug Administration (FDA), the Red Cross is seeking people who are fully recovered from the new coronavirus to sign up to donate plasma to help current COVID-19 patients. People who have fully recovered from COVID-19 have antibodies in their plasma that can attack the virus. This convalescent plasma is being evaluated as treatment for patients with serious or immediately life-threatening COVID-19 infections, or those judged by a healthcare provider to be at high risk of progression to severe or life-threatening condition. Interested individuals can visit RedCrossBlood.org/plasma4covid to learn more. The Red Cross follows the highest standards of safety and infection control, and volunteer donors are the only source of blood for those in need. To make an appointment to donate, please visit www.RedCrossBlood.org 1 Donna Kalinick From:Massachusetts Municipal Association <wbtm@mma.org> Sent:Tuesday, April 27, 2021 12:24 PM To:Donna Kalinick Subject:MMA Breaking News View this email in your browser Breaking News from the MMA 2 Baker-Polito administration announces plans for continued reopening The Baker-Polito administration this morning announced that Massachusetts will reopen additional outdoor activities effective May 10 and is planning for further reopening on May 29 and a full reopening on Aug. 1. The face coverings order will be relaxed for some outdoor settings effective this Friday. The administration said it is taking steps to reopen the Commonwealth’s economy because public health metrics are continuing to trend in a positive direction. This includes drops in average daily COVID cases and hospitalizations. ... Copyright © 2021 Massachusetts Municipal Association, All rights reserved. You are receiving this email because you opted in via our website. Our mailing address is: Massachusetts Municipal Association 1 Winthrop Sq Boston, MA 02110-1209 Add us to your address book Want to change how you receive these emails? You can update your preferences or unsubscribe from this list. 2 FOR IMMEDIATE RELEASE: April 27, 2021 CONTACT Sarah Finlaw sarah.finlaw@state.ma.us Baker-Polito Administration Announces Plans for Continued Reopening Face Coverings Order to be Relaxed for Some Outdoor Settings BOSTON – Today, the Baker-Polito Administration announced that Massachusetts will reopen some outdoor Phase 4, Step 2 industries effective May 10th and put plans in place for further reopening on May 29th and August 1st. The Administration continues to take steps to reopen the Commonwealth's economy with public health metrics continuing to trend in a positive direction. This includes drops in average daily COVID cases and hospitalizations. Massachusetts remains first in the nation for first vaccine doses and total doses administered per capita, among states with more than 5 million people. The Administration will also relax the Face Coverings Order for some outdoor settings, effective April 30th. Phase IV, Step 2 Industries and Gathering Changes: On March 22, Massachusetts loosened capacity restrictions and advanced to Step 1 of Phase IV of the reopening plan. Since then, case rates dropped by 20%. The positivity rate has dropped to the lowest levels recorded since last summer. Effective Monday, May 10th: Large venues such as indoor and outdoor stadiums, arenas and ballparks currently open as part of Phase 4, Step 1 at 12% will be permitted to increase capacity to 25%. The Commonwealth will reopen some outdoor Phase 4, Step 2 industries including amusement parks, theme parks and outdoor water parks that will be permitted to operate at a 50% capacity after submitting safety plans to the Department of Public Health. Road races and other large, outdoor organized amateur or professional group athletic events will be permitted to take place with staggered starts after submitting safety plans to a local board of health or the DPH. 3 Youth and adult amateur sports tournaments will be allowed for moderate and high risk sports. Singing will also be permitted indoors with strict distancing requirements at performance venues, restaurants, event venues and other businesses. Effective May 29th: Subject to public health and vaccination data, gathering limits will increase to 200 people indoors and 250 people outdoors for event venues, public settings and private settings. Subject to public health and vaccination data, additional Phase 4, Step 2 industries will be permitted to open including: Street festivals, parades and agricultural festivals, at 50% of their previous capacity and after submitting safety plans to the local board of health. Bars, beer gardens, breweries, wineries and distilleries, will be subject to restaurant rules with seated service only, a 90 minute limit and no dance floors. Subject to public health and vaccination data, the restaurant guidance will be updated to eliminate the requirement that food be served with alcohol and to increase the maximum table size to 10. Effective August 1st: Subject to public health and vaccination data, remaining industries will be permitted to open including: Dance clubs, and nightclubs Saunas, hot-tubs, steam rooms at fitness centers, health clubs and other facilities Indoor water parks Ball pits All industry restrictions will be lifted at that time, and capacity will increase to 100% for all industries, with businesses encouraged to continue following best practices. The gathering limit will be rescinded. Depending on vaccine distribution and public health data, the Administration may consider re-evaluating the August 1st date. 4 The Department of Public Health will also continue to issue guidance as needed, including guidance to still require masks indoors. Face Coverings Order: Effective April 30th, the Face Coverings Order will be relaxed for some outdoor settings. Face coverings will only be required outside in public when it is not possible to socially distance, and at other times required by sector-specific guidance. Face coverings will still be required at all times in indoor public places. Face coverings will also continue to be required at all times at events, whether held indoors or outdoors and whether held in a public space or private home, except for when eating or drinking. At smaller gatherings in private homes, face coverings are recommended but not required. The $300 fine as an enforcement mechanism will be eliminated. For more information, visit mass.gov/reopening. ### 1 Donna Kalinick From:Access Line <accessline@capecodhealth.org> Sent:Thursday, April 29, 2021 3:20 PM To:townadmin Subject:New! Expanded COVID-19 Vaccine Clinic Hours No images? Click here To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Cape Cod Healthcare New! Expanded COVID-19 Vaccine Clinic Hours Cape Cod Healthcare will expand hours for its first dose COVID-19 vaccine clinics to include weekend and evening hours, beginning the first week of May. Initial May appointments will be available as follows: Sunday, May 2: 8:00 a.m. – 12:00 p.m. Wednesday, May 5: 12:00 p.m. – 7:00 p.m. Schedule a Vaccine Appointment Online Please note: to schedule a vaccine appointment for a 16 or 17 year old minor, please call 508-534-7103. Vaccines are administered at our convenient drive-through Cape Cod Hospital Community Vaccine Clinic located at the Cape Cod Melody Tent in Hyannis. Here’s a helpful video of what to expect when you arrive at our drive-through clinic: To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. For more information, please visit our COVID-19 Resource Center Vaccine Page. To help protect your priv To help protect your priv To help protect your priv To help protect your priv To help protect your priv To help protect your priv Cape Cod Healthcare 88 Lewis Bay Road Hyannis, MA 02601 2 Expert physicians. Quality hospitals. Superior care. Unsubscribe Weekly Count of New COVID-19 Infections: March 8, 2020 – April 24, 2021 0 5 10 15 20 25 30 35 40 45 50 55 3/15-3/213/22-3/283/29-4/44/5-4/114/12-4/184/19-4/254/26-5/25/3-5/95/10-5/165/17-5/235/24-5/305/31-6/66/7-6/136/14-6/206/21-6/276/28-7/47/5-7/117/12-7/187/19-7/257/26-8/18/2-8/88/9-8/158/16-8/228/23-8/298/30-9/59/6-9/129/13-9/199/20-9/269/27-10/310/4-10/1010/11-10/1710/18-10/2410/25-10/3111/1-11/711/8-11/1411/15-11/2111/22-11/2811/29-12/512/6-12/1212/13-12/1912/20-12/2612/27-1/21/3-1/91/10-1/161/17-1/231/24-1/301/31-2/62/7-2/132/14-2/202/21-2/272/28-3/63/7-3/133/14-3/203/21-3/273/28-4/34/4-4/104/11-4/174/18/4/245 3 1 2 0 2 0 0 0 1 0 2 0 0 0 0 1 2 5 2 0 0 0 0 2 0 2 1 2 3 0 1 4 1 3 6 6 13 22 11 7 20 24 25 53 24 20 8 8 5 10 13 21 32 21 25 11 6 0 3 3 7 53 14 2 0 1 1 1 0 1 1 0 3 0 0 1 5 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 1 1 0 0 0 0 0 1 2 2 1 0 2 0 0 0 0 0 0 0 0 2 0 New Brewster COVID-19 Cases Resident (437 Total)Long Term Care (110 Total staff & patients) Ages of Brewster Residents with Active COVID-19 Infections April 11-April 17 0-9 years (0) 0% 10-19 years (5) 36% 20-29 years (2) 15% 30-39 years (0) 0% 40-49 years (1) 7% 50-59 years (2) 14% 60-69 years (1) 7% 70-79 years (2) 14% 80+ years (1) 7% 0-9 years (0) 10-19 years (5) 20-29 years (2) 30-39 years (0) 40-49 years (1) 50-59 years (2) 60-69 years (1) 70-79 years (2) 80+ years (1) 0-9 years (0) 0% 10-19 years (0) 0% 20-29 years (0) 0% 30-39 years (0) 0% 40-49 years (2) 34% 50-59 years (2) 33% 60-69 years (0) 0% 70-79 years (2) 33% 80+ years (0) 0%0-9 years (0) 10-19 years (0) 20-29 years (0) 30-39 years (0) 40-49 years (2) 50-59 years (2) 60-69 years (0) 70-79 years (2) 80+ years (0) April 18-April 24 % COVID Infections in Age Groups % COVID Infections in Age Groups BREWSTER RESIDENT VACCINATION TOTALS DATA AS OF 4/22/2021 Town Age Group Population Proportion of town population Individuals with at least one dose Individuals with at least one dose per capita Proportion of town individuals with at least one dose Fully vaccinated individuals Fully vaccinated individuals per capita Proportion of town fully vaccinated individuals Partially vaccinated individuals Partially vaccinated individuals per capita Proportion of town partially vaccinated individuals Brewster 0-19 Years 1,539 16%102 7%2%***83 5%5% Brewster 20-29 Years 681 7%308 45%5%142 21%3%166 24%9% Brewster 30-49 Years 1,444 15%852 59%14%471 33%11%381 26%21% Brewster 50-64 Years 2,323 23%1,600 69%26%875 38%20%725 31%41% Brewster 65-74 Years 2,349 24%1,826 78%30%1,555 66%36%271 12%15% Brewster 75+ Years 1,592 16%1,366 86%23%1,208 76%28%158 10%9% Brewster Total 9,926 100%6,054 61%100%***1,784 18%100% * = total < 30 individuals April 26, 2021 Drummer Boy Park Master Plan Chris Miller, Director Dept. of Natural Resources James Veara, Committee Chair Michael Dodson, RLA CDM Smith Brewster Conservation Day 2 Town of Brewster purchased property in 1988. Select Board act as the Park Commissioners, changes to the park are required to go to Town Meeting for approval. Initial Master Plan for Drummer Boy Park was presented at the May 1, 1995 Town Meeting and was approved. The existing museum/residence building was removed, and the bandstand and playground were added. A walking path through the grassy field was created and later paved to allow better accessibility. A trail through the woods behind the playground was also established. In 2020 the Select Board established the Drummer Boy Park Advisory Committee to review the park and revise the Master Plan. CDM Smith was hired by the town to assist the committee in preparing the revised plans. The new Master Plan will go to Town Meeting in fall 2021 for approval. Project History 3 Advisory Committee – Thank you! James Veara John Kissida Cherylanne Lombardi Chris Miller Patrick Ellis Andrea Nevins Tom Wingard 4 Hal Minis Michael Gradone Sally Gunning Stephen Najarian Denise Rego Bob Smith Project Goals Preserve character of the park Enhance and preserve views of the bay Increase use and access Identify park use areas Collaborate with local advisory committee representing the Town This is your park! 5 Existing Park and Surrounding Area 6 Existing Park and Surrounding Area 7 Existing Vacant Gift Shop and Gazebo 8 Existing Playground 9 Drainage Challenges 10 Opportunities and Constraints 11 Proposed Improvements Parking improvements New playground Improvements to vacant gift shop Nature trail enhancements Additional walking paths and seating areas Drainage improvements Identification of park use areas Prioritized Phase I Improvements 12 Design Criteria 6-ft wide asphalt walking trails Selectively clear understory against eastern rock wall Provide 50 parking stalls using town requirements Utilize native plantings and flowering trees Do not block views to bay 13 Recommended Master Plan 14 Recommended Master Plan 15 Phase I Improvements Plan 16 Phase I Improvements Cost: Approximately $2 Million Park Use Area Plan 17 Questions and Discussion Brewster Select Board Meeting of May 3, 2021 Consent Calendar Items 1 11 Consent Agenda Meeting Minutes: March 15, 2021 and April 5, 2021 Select Board Regular Session Meeting ADMINISTRATIVE RECOMMENDATION We recommend the Board approve the meeting minutes of March 15, 2021 and April 5, 2021 as presented Permission to Use Drummer Boy Park & Waiver of Fee, Friends of Brewster Elders The Friends of Brewster Elders (FOBE) would like to hold a grab & go Volunteer appreciation lunch on Tuesday June 15th and request a waiver of the fee for the event. ADMINISTRATIVE RECOMMENDATION We recommend the Board approve the request and waive the fee. Permission to Use Drummer Boy Park, Brewster Recreation The Brewster Recreation Department would like to hold a Movie Night on Friday August 6 th. Protocols for the event have been reviewed by Town staff. ADMINISTRATIVE RECOMMENDATION We recommend the Board approve the request. Permission to Use Upper Mill Pond & Crosby Beach, Brewster Recreation Brewster Recreation would like to run programs this summer at both Upper Mill Pond as they have in past years and offer a new program at Crosby Beach. Both locations are under the purview of the Select Board. ADMINISTRATIVE RECOMMENDATION We recommend the Board approve the requests. One Day Liquor Licenses; Chatham Bars Inn Gary Thulander, Chatham Bars Inn Managing Director, is requesting two 1 day liquor licenses for events at the Chatham Bars Inn Farm, located at 3038 Main Street. The first request is for a Farm to Table dinner on May 19, 2021 from 5:00pm – 8:30pm. This event is for guests of CBI, it is not open to the public. Beer, wine and a signature cocktail will be served. The second 1 day liquor license is for a wedding ceremony & reception on June 5, 2021 from 4:00pm – 10:00pm. Beer, wine and liquor will be served. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request. Brewster Select Board Meeting of May 3, 2021 Consent Calendar Items 2 Special Event License; Snowy Owl The Snowy Owl is requesting a Special Event License for May 11th. They would like to host a Brewster Candidates event from 4:00pm – 6:00pm. The event would be held outside behind the Snowy Owl. The event would be open to the public and would give candidates an opportunity to present their platforms as well as a Q & A session with the public. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request with the Snowy Owl following the requirements of the Health and Fire Departments. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 03-15-21 Page 1 of 12 Office of: Select Board Town Administrator MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES DATE: March 15, 2021 TIME: 6:00 PM PLACE: Remote Teleconference ALL PARTICIPANTS ARE PARTICIPATING REMOTELY:Chair Chaffee, Selectperson Whitney, Selectperson Bingham, Selectperson deRuyter, Selectperson Chatelain, Town Administrator Peter Lombardi, Assistant Town Administrator Susan Broderick, Assistant Town Administrator Donna Kalinick, Executive Assistant to the Town Administrator Robin Young, Finance Director Mimi Bernardo Call to Order & Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Chaffee called the meeting to order at 6:00pm, conducted a roll call vote of attendance, declared a quorum present, and read the meeting participation and recording statements. Public Announcements and Comment: Members of the public may address the Select Board on matters not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting Law, the Select Board is unable to reply but may add items presented to a future agenda. None. Select Board Announcements and Liaison Reports Chair Chaffee recognized the service of Peter Pettengill, who has announced his retirement from the Town. Town Administrator’s Report Mr. Lombardi acknowledged the one year anniversary of the Covid-19 pandemic and the impacts it has had on the Town. Mr. Lombardi gave a recap of the updates to the State vaccination system and eligibility status. Local vaccination information has been updated on the Town of Brewster website. Town offices are now open to the general public on Tuesdays and Thursdays from 8:30am-4:00pm. The Transfer station is now accepting fee items, and the Brewster Ladies Library is reopening their grab and go service. Federal Aid was preliminarily awarded, and the Town could be receiving an estimated $950,000.00, with the Town having until the end of 2024 to allocate those funds. The Town was notified of a regional award of $1.3 million dollars in Community Development Block Grants for Housing Rehabilitation and Child Care Vouchers for Brewster, Dennis & Wellfleet. Consent Agenda Approval of the March 1, 2021 Meeting Minutes Vote on Public Beach Access Request – Coastal Engineering Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 03-15-21 Page 2 of 12 Office of: Select Board Town Administrator Selectperson Bingham moved to approve the March 15, 2021 consent agenda, Selectperson Whitney second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. 6:20pm – Public Hearing, Expansion of Service Area for Seasonal Liquor License; Cape Cod National Golf Club Chair Chaffee opened the hearing at 6:20pm. Selectperson Bingham read the hearing notice. Mr. Walker reviewed the application, which asks for an outdoor area and semi-permanent snack bar to be added to the existing liquor license for Cape Cod National Golf Club. Selectperson deRuyter moved to approve the expansion of service area for the seasonal liquor license of Cape Cod National Golf Club and to include the whole 18 hole golf course, Selectperson Whitney second. A roll call vote was taken. Selectperson Whitney- yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 4-yes, 0-No. Selectperson Bingham lost connection during the meeting. The public hearing was closed at 6:26pm. 6:30pm - Public Hearing, Renewal of Seasonal Liquor Licenses; J.T.’s Seafood, El Guapo’s Taqueria, Cape Cod National Golf Club and Breakwater Fish & Lobster, Beach House Spa, and Cobie’s Chair Chaffee opened the hearing at 6:32pm. Selectperson Bingham read the hearing notice. An overview of the agenda item was given by Robin Young. Selectperson deRuyter moved to approve the renewal of seasonal liquor licenses; J.T.’s Seafood, El Guapo’s Taqueria, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved to approve the renewal of seasonal liquor licenses; Cape Cod National Golf Club and Breakwater Fish & Lobster, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham- yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved to approve the renewal of seasonal liquor licenses; Beach House Spa, and Cobie’s, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5- yes, 0-No. The hearing was closed at 6:36pm. Discuss and Vote on FY22 Personnel Bylaw Employees Fixed Rate and Salary Scale Sue Broderick provided an overview. This scale includes seasonal and part time employees who do not received annual COLA increases, and is reviewed annually. Department heads have reviewed the scale, taking in to account the minimum wage increases and the increases are included in department budgets. New positions have been added as of FY22. Selectperson Bingham moved to approve the FY22 Personnel Bylaw Employees fixed rate and salary scale, Selectperson Whitney second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham- yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 03-15-21 Page 3 of 12 Office of: Select Board Town Administrator Presentation and Vote on FY22 Health and Human Services Budget Recommendations – Sean Parker Mr. Parker, Chair of the Brewster Health and Human Services Committee reviewed the 17 organizations that have applied for funding for FY21. There is an increase of funding requested a total of $129,900.00 or a 6.8% increase over last year. Selectperson Chatelain moved to approve the FY22 Health and Human Services Budget, Selectperson Whitney second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5- yes, 0-No. Discuss and Vote on Spring 2021 Town Meeting Warrant Articles Capital and Special Project Expenditures, with the exception of Article 9, line 1F was brought before the Board for a discussion and vote. Selectperson deRuyter moved Article 9 section 2, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved Article 9 section 3, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee- yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved Article 9 section 4, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved Article 9 section 5, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved Article 9 section 6, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham- yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved Article 9 section 7, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Jillian Douglas, 53 Pebble Path, asked about the irrigation project line item for the Department of Public Works. Those are ongoing operating costs, included in the FY22 DPW operating budget this year. Selectperson deRuyter moved Article 9 section 8, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved Article 9 section 9, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved Article 9 section 10, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham- yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved Article 9 section 11, Selectperson Bingham second. A roll call vote was taken. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 03-15-21 Page 4 of 12 Office of: Select Board Town Administrator Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Article 25, Captain’s Golf Course Restaurant Lease requires a Town Meeting vote, as does any lease agreement in excess of 3 years. This contract would be for a 5 year time period. Selectperson deRuyter is in favor of a 5 year lease term and asked about the wording of the article. The Town Administrator acts as the Chief Procurement Officer, and acts as the signatory for the Requests for Proposals (RFP). Selectperson deRuyter moved Article 25, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney- yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Presentations and Votes on Citizens Petitions for Spring 2021 Town Meeting Climate Emergency & Net Zero Declaration – Chris Powicki Article 21 is a citizen’s petition and was reviewed by Mr. Powicki. Climate Declaration articles were passed in a number of Town’s across Cape Cod last year. Selectperson deRuyter moved Article 21, Selectperson Chatelain second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Five-Year Plan for Dog Park – Jillian Douglass Ms. Douglass read a prepared statement advocating her reasons for the submission of the Citizen Petition for a Five Year Plan for a Dog Park. After discussion, Ms. Douglass agreed that if the previously drafted cost analysis, operational plan and maintenance documents are posted on the website for public viewing that would be helpful to this discussion. Bruce Swiren, 90 Woodward Road, commented in favor of the Dog Park project. Robert Richardson, 288 Millstone Road, commented against the Dog Park and suggested the use of Thompson’s Field in Harwich for dog owners. He suggested a regional facility with shared expenses. Chair Chaffee refocused the meeting debate to only pertain to the requirement of operation and maintenance plans in place. Carmen Scherzo spoke in favor of the Dog Park. Action by the Select Board was deferred on this item. Presentation and Vote on Community Preservation Act Warrant Article – Faythe Ellis, CPC Chair Chair Ellis reviewed the Community Preservation Act Warrant articles listed in the Warrant. Selectperson deRuyter moved Article 8 item 1a, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved Article 8 item 2a, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved Article 8 item 2b, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain- Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 03-15-21 Page 5 of 12 Office of: Select Board Town Administrator yes, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved Article 8 item 3a, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham- yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-yes. The Board vote was 5-yes, 0- No. Selectperson deRuyter moved Article 8 item 4a, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain- yes, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Selectperson deRuyter moved Article 8 item 4b, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham- yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-yes. The Board vote was 5-yes, 0- No. Selectperson deRuyter moved Article 8 item 4c, Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain - no, Chair Chaffee-yes. The Board vote was 4-yes, 1-No. Selectperson deRuyter moved Article 8 item 4d Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham- yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-yes. The Board vote was 5-yes, 0- No. Presentation and Discussion on Upcoming Community Preservation Eligible Projects and Funding Capacity, Proposal to Develop 5 Year Community Preservation Plan, and Consideration of Potential Changes to Brewster’s Community Preservation Act Formula (Select Board FY21-22 Strategic Plan Goal CC-1) – Faythe Ellis, CPC Chair Selectperson deRuyter moved Article 9 Selectperson Bingham second and asked that the figure in the warrant be corrected to say $432,000.00. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Presentation and Discussion on Complete Streets Program & Policy, and Next Steps in Developing Brewster’s Prioritization Plan (Select Board FY21-22 Strategic Plan Goal CI-6) – Steve Tupper, Cape Cod Commission Transportation Program Manager Steve Tupper of the Cape Cod Commission presented an overview of the Complete Streets Program. The program is designed to consider pedestrian, bicycle and vehicle traffic, and enhance safety for all users. Mr. Tupper’s presentation included photographic examples of different designs which a “complete street” could look like. The Select Board adopted their Complete Street Policy on January 6, 2020. Chair Chaffee thanked Steve Tupper for his excellent presentation and asked if it would be fair to sum up Complete Streets in this way: It is a flexible program that helps towns adapt some streets to be less car only focused and more accessible to all users? Steve Tupper said absolutely. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 03-15-21 Page 6 of 12 Office of: Select Board Town Administrator Public Comment: William Henchy, 64 Old Meadow Road, has lived here since 1982. The reconfiguration of roadways is something which he has considerable experience with. He has been critical of the Town’s Complete Streets Program as it stands now. He felt that Chair Chaffee’s summary of what complete Streets should be is something everyone could get behind. His criticism is that the Board’s current policy does not make any reference to these things. The policy requires that all transportation infrastructure and redevelopment projects in town conform to Complete Streets policies. As it is written, the Complete Streets policy goes way beyond the description we have heard here from Mr. Tupper. In its execution, the policy is not what has been presented. Dennis Hickey, 9 Blueberry Pond. He sees no funding. It is taking land from 100+ people. So much has to be bought, put in plants and trees. It does not seem the Board has set aside millions for this. There were comments made that this would not be done in the more upscale neighborhoods. This is a poorer neighborhood. Are you going to tar over the poorer neighborhoods? He opposes this. He was referring to the Millstone Road project. Blain Smoller, 66 Millstone Road. He has been a resident since 1969. A $10M bond was approved in 2015 for repair and resurfacing. As it stands, there have only been 2 roads upgraded. A sidewalk would make things safer, but does it have to be 5 feet wide? Chair Chaffee asked if Mr. Smoller had anything to say directly about Complete Streets. He said he could reserve his comments for the next item which is Millstone Road. Bruce Swiren said his understanding was that an agreement was reached with the Millstone group to scale down the original project and he wonders why that isn’t happening now. Chair Chaffee asked Mr. Swirin to reserve his comments for the next item as well. Maureen Finlay, Badger Lane off of Millstone Road, is a licensed Civil Engineer in the Commonwealth and has a Master’s Degree in Design. She thinks we are missing a major opportunity. She has been accused of over designing things in her past. In most of the images she saw in the presentation, there was an awful lot of signage, a lot of over-widening, etc. We need to think about how to maintain the charm of the Cape. This has been exhausting. A design professional could lead the way and ease the nerves of some of the residents. Nancy Ludwig, 1510 Long Pond Road, moved here because of the lovely rural nature of Brewster. She is concerned what the area will become with the Complete Streets program. She saw photos that Mr. Tupper presented but does not know where those roads are. Robert Richardson noticed when Mr. Tupper went into the methodology of the program, it had to do with all the users of the streets as if it was in a vacuum. Don’t the residents on those streets or around those streets Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 03-15-21 Page 7 of 12 Office of: Select Board Town Administrator have some say in this? He suggest they take out the sidewalk on Route 6A going up to the theater, it’s a nightmare walking there. It is not a good example. Christopher Ellis, 29 Pinewood Drive, wanted to speak in positive terms. He feels the project is wonderful for accessibility, community building, and safety. It could be a great asset for the town. Evelyn Salvadore, 48 Old Meadow Road, would like to say Millstone Road cannot be compared to an area like Underpass Road because this is a neighborhood. She feels this should be creating a more park-like setting. This seems like there has been no concern for how this will affect the area and how it looks for the residents in the area. She will reserve her comments for the next item. Jeanne Simmons, 779 Millstone Road, loves this town. Her concern is that we need a better understanding of what this project is going to do to the features of the town. She is concerned about urbanizing it and what it will do to the town. Steve Tupper wanted to follow up on a few things being said: they are not looking to increase speeds; there can be local roads with no yellow lines for appropriate locations; all roads pictured were from Cape Cod, and, yes, you should be thinking of all the users of the roadway. Status Update on Millstone Road Project and Discuss Next Steps on Potential Redesign (Select Board FY21- 22 Strategic Plan Goal CI-6) Peter Lombardi said he knows we spent considerable time on this subject at the February 22nd meeting, but felt it was important to bring everyone up to speed on some newer developments. The Town had just received the initial draft of agreement that the citizen group, Save Millstone Road, had submitted as of the last meeting. Since then, Town Counsel has been able to review that draft document. As a result, they have expressed a number of concerns regarding how elements of a potential redesign would be memorialized and implemented. He provided a memo from legal counsel that summarizes the concerns to the Board. He said that this approach poses significant litigation risks and potential financial liabilities. Based on that input and recognizing our goal is to identify and attain consensus and listen to and get feedback from residents consistent with our earlier outreach efforts to speak with residents; our hope and expectation is to identify areas of consensus. Holding additional community forums to get feedback from residents directly would be a main goal to accomplish this. It is also a way for residents to write in after the fact for their feedback as well. We would then aggregate that feedback and report back on those finding to the Board as quickly as possible. William Henchy, appreciates being able to speak first. When we met the last time, he got a clear signal to continue discussions with Peter Lombardi. He wrote to Mr. Lombardi and they scheduled a meeting. That meeting got postponed and then cancelled. As a practicing attorney for many years, it is his job to solve problems. It is hard for him to respond to Town Counsel’s concerns because he hasn’t spoken with them Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 03-15-21 Page 8 of 12 Office of: Select Board Town Administrator directly. He questioned their citation of MGL. 3039M. He feels the Select Board is the body that drives the train and that it is in charge. This project as proposed provides 15 eminent domain takings, none of which have been approved by Town Meeting. There are problems with the way we have gotten here. We tried to accommodate a diverse variety of interests including the town’s interests. He thought we had gotten there and forged a consensus. He encourages more discussions. Blaine Smoller, 626 Millstone Road, there have been many aspersions cast that the Save the Millstone Road steering group have not considered the safety aspects and nothing could be further from the truth. Do sidewalks need to be 5 feet wide, roads straightened and elevations changed? It’s hard to understand the anxiety that the abutting neighbors have when thinking of these changes. Fernando DiMaggio, wants to reiterate the feeling that the citizens that live in the area are very concerned with this project. They are very concerned with the changes that are being proposed. He would hope that you would work with the group; they are very interested and involved. Christopher Senie, 101 Moss Lane, supports the project designed by VHB Engineering Firm. He urges the Board not to sign any contract with a resident group or individual residents. This could lead to many conflicts. The policy is correct of taking public input with a wish list of items that are very important to the resident group. That MOU was problematic. Millstone Road is not being changed very much. The road is not being moved very much, only where it is a matter of safety. It is still a meandering winding road. David Flanagan, 181 Thousand Oaks Drive, as an engineer, engineering is a fine balance of design based on constraints and environmental conditions. Brewster is an endearing village with character which we should all work to protect. When looking at this project which is out of scale and having the potential consequences of loading more truck and freight traffic onto the road which would then cause environmental impact and road deterioration. There are a number of factors to be considered. He is opposed to the design, but favors a compromised approach that increases the safety and provides a sidewalk for pedestrian and bike traffic, but the widening of it might set a precedent to make roads more modernized and having mini route 134’s all over the place. He hopes the Board will continue to try to find compromise and move a scaled down project forward. Lisa Magelaner, 770 Millstone Road, has lived here 22 years. When she saw the red stakes in her yard, she was aghast. She thinks many don’t understand the road noise and the speed in which people travel down this street currently. To straighten and widen the road means more speed and more tractor trailers rumbling down the road. The amount of land that is being taken is not okay. This is way too extreme. It needs to be scaled down. The people who live on the road are 24/7 users and they need to be considered. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 03-15-21 Page 9 of 12 Office of: Select Board Town Administrator Susan Baker, 39 McGuerty Road, has concerns for the people who live on Millstone Road. Widening of the road will increase traffic. The taking of these people’s property is going to take away the property values of their homes. We live here because of its history and the feel of Brewster. The safety concerns should be addressed but much more thought and consideration needs to be taken for the residents on the road and those of us who are concerned with the changes that it would bring to the character of the town itself. She did not buy a house on Millstone Road because of the proposed project. Bruce Swiren- Everything he has heard so far suggests a lot of concern. It would make sense to shelve it for now and do what is necessary in the future to make it more palpable. The money should be used on other projects where there is more agreement. Ada George, Carol Ann Road, disagrees with what is being proposed. Everyone moved here for the rural charm. What is being proposed will increase speed and take away rural character. She thinks the Town manager should listen to the 419 people and their concerns. Selectperson Bingham said that Mr. Lombardi proposed that we have a forum where people can present their ideas and concerns in a public arena as we have in the past. Chair Chaffee agreed that Mr. Lomabardi’s next steps of two more public forums is the right place to take in these concerns and record and analyze them. Chair Chafee asked that the remaining hands keep to new comments. Brian Murphy-We have all been sitting here for four hours. The re-build is larger than necessary. In the staked area, we have 13 mature trees that should not be taken. There is room there to make a different plan. Please listen to the people who live on Millstone Road. Mimi Eber, Greenland Pond Rd. –She does not live on Millstone, but she is opposed to this project. She commended Bill Henchy for his efforts. She said she thought that Mr. Henchy and Mr. Lombardi were making progress and it seems Mr. Lombardi is back pedaling now. Robert Richardson, 288 Millstone Road- He asked how many imminent domain takings there are and how he will be compensated for his loss. Mr. Lombardi answered that he would have to look at the exact area, but they have reduced the number of takings in the re-design. Mr. Richardson will follow up with Mr. Lombardi. He said he emailed Mr. Lombardi previously and did not receive a return email. Mr. Lombardi apologized if he missed it. Corey Dixon, Millstone Rd.-She is opposed to this project and does not want sidewalks in front of her yard. She asked where the money for this project is coming from because she does not believe that sidewalks are included in the language of the 2015 town meeting vote. Mr. Lombardi said they checked with Town Counsel and it is in line with the proposed project. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 03-15-21 Page 10 of 12 Office of: Select Board Town Administrator Jessa Gilette- Common’s Way, off Millstone- she is opposed to the project. It will affect many residents on the road if you look at the staking. Mrs. Battles-369 Millstone and Red Fawn, they moved here to be in a rural setting. It is unprofessional that Mr. Lombardi ignored Mr. Henchy’s request. She is opposed to the Plan. She quoted the 2018 Vision Plan regarding rural and small town feel of Brewster. Maureen Finlay- She wanted to correct items from an engineering standpoint. She stated that we have said the town has been transparent and deliberate, but all the plans are missing vertical contours. There are underground systems in the ground water; you are polluting the wetlands. Nobody wants an unsafe road. Ms. Finlay stated that the town is irresponsibly proposing an affordable housing complex of up to 50 units in a curved area of the road with limited site lines and it is unsafe. Ms. Finlay re-iterated that at 75% design, there should be vertical information. Tracy Avellar, Millstone Rd.- She asked how many people on the Board live on Millstone. Selectperson Bingham lives just off of it. Ms. Avellar asked when the project is to start. Mr. Lombardi replied that it was originally planned for next fall, but state and local permits have been withdrawn at this time, so there is not a new timetable until we decide on design. She spent $1,600 on a survey to make sure she knows what she has. She is against this project, but not against sidewalks. She does not believe the full costs of the project and future maintenance have been explained to the Town. She believes that we should not have bikers on the road, walkers yes for exercise, but not as a means to get somewhere. It is not like Underpass Road where there is a bus stop. She does not appreciate how late this agenda item was and that people are being ticked off without really listening to their concerns. Chair Chaffee said she has appreciated every person who has spoken tonight and to hear their views. Public engagement is a priority in the town of Brewster. She does not believe there is a foregone conclusion, but ongoing input is being gathered. Selectperson Chatelain said he thinks we had a lot of great comments tonight. All of the information on this project will be on the town’s website, and he would urge everyone listening and others concerned with this project to get on the website to get all of the up to date accurate information. Selectperson Bingham said we have heard what the people have to say. We will make the changes that are possible. Not everyone will be satisfied, but real compromises will be made. She looks forward to the day when we re-stake what this project will look like next. Mr. Lombardi followed up that what he is proposing is to continue with the work that has already been done and build on it, not to go back to the end of November, but to make sure that everyone’s voice is being Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 03-15-21 Page 11 of 12 Office of: Select Board Town Administrator heard and find some consensus. We are taking Town Counsel’s guidance that we cannot get there using the original proposed way, but to still try to gather public input and move forward with a plan that most can embrace. Mr. Lombardi also noted that Chapter 3039M pertains to the procurement law on how road work is bid. Mr. Lombardi thought it was important for the Board to hear Counsel’s feedback directly and discuss it in a public forum. In terms of the vertical contours, we are not planning on making any significant modifications in the depths of the roads. All the proposed re-alignments are horizontal, not vertical. Chair Chaffee said the Select Board has a public engagement policy. From that policy, it states: this policy recognizes that for public engagement to be effective, discussion should be conducted in a respectful and safe manor by all participants. How we work through an issue as a community is very important to her. There is no place in a public discussion for the type of criticisms made earlier about the Town Administrator. Peter Lombardi is a conscientious professional, a man of great integrity, high ethical standards, and a true commitment to public engagement. She expects that in future meetings, all participants will focus on the issue and express their views and avoid personal attacks. For Your Information No discussion Matters Not Reasonably Anticipated by the Chair None Questions from the Media None Next Meetings: March 16, March 25, March 29, April 5, and April 19 Adjournment Selectperson Bingham moved to adjourn at 10:20pm, Selectperson Chatelain second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 03-15-21 Page 12 of 12 Office of: Select Board Town Administrator Respectfully submitted, Robin Young/Beth Devine Approved: _______________ Signed: _______________________________________ Date Selectperson Bingham, Clerk of the Board of Selectman Accompanying Documents in Packet: Agenda, TA Report documents, Consent Items, FYI Packet, Cape Cod National Golf Club ABCC Application, Seasonal Liquor License Renewal Applications, Personnel Bylaw and Fixed Rate Salary Information, Health and Human Services Presentation, Citizen’s Petitions, Complete Streets Presentation, Millstone Road Documents, Draft 2021 Spring Town Meeting Warrant Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 04-05-21 Page 1 of 10 Office of: Select Board Town Administrator MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES DATE: April 5, 2021 TIME: 6:00 PM PLACE: Remote Teleconference ALL PARTICIPANTS ARE PARTICIPATING REMOTELY:Chair Chaffee, Selectperson Whitney, Selectperson Bingham, Selectperson deRuyter, Selectperson Chatelain, Town Administrator Peter Lombardi, Assistant Town Administrator Susan Broderick, Assistant Town Administrator Donna Kalinick, Finance Director Mimi Bernardo, Beth Wade, Colin Odell, Cassie Boyd Marsh, and Housing Coordinator Jill Scalise ABSENT: Call to Order & Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Chaffee called the meeting to order at 6:00pm, conducted a roll call vote of attendance, declared a quorum present, and read the meeting participation and recording statements. Public Announcements and Comment: Members of the public may address the Select Board on matters not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting Law, the Select Board is unable to reply but may add items presented to a future agenda. No discussion Select Board Announcements and Liaison Reports None Town Administrator’s Report Peter Lombardi addressed the Board. As of today, the remaining residents in Phase II are now eligible for vaccination, 55+ or with one comorbidity. Two weeks from today, everyone will become eligible. We have noticed that State data is lagging in vaccination data. Last week, we completed the homebound vaccination effort thanks to Outer Cape Health, the VNA, and all Town Departments. Barnstable County has 3 clinics this week with another 3,000+ vaccines available, and the supply is increasing. This week 17 new cases were reported; state data is lagging in this area as well, and our expectation is we will have about 20 cases total after the numbers are finalized. We continue to remain in the red phase which is the high designation, along with several other Cape Communities. The Department of Public Health is working with all local Health Departments where there is an increase in variant cases. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 04-05-21 Page 2 of 10 Office of: Select Board Town Administrator Peter Lombardi offered his thanks to the Town Clerk and the DPW, town facilities, and the Police for assisting with the Nauset Regional High School election. There was a 42% turnout. In Brewster about 60/40 in support of the project including the debt exclusion approval. Chair Chaffee asked how many homebound Brewster residents were vaccinated. Peter Lombardi answered there were approximately 45-50 Brewster residents who were vaccinated. Consent Agenda Beach Access Permit: Crawford Land Management for Access to Mant’s Landing Conservation Restriction: 0 Stonybrook Road Selectperson Bingham moved to approve the April 5, 2021 Consent Agenda, Selectperson deRuyter second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain – yes, Chair Chaffee-Yes. The Board vote was 5-yes, 0-No. Announcement on Millstone Road Project Public Forum Peter Lombardi followed up on this from the 3/15 meeting. During the week of June 7th, we will hold our 4th community forum- more details to come. Also, a project subpage will be created on the Millstone Road project on the website. We will be looking to review the 75% design concept as well as highlighting potential revisions. We will send out postcards to residents who live on or in the neighborhoods off Millstone. We will be removing the stakes at this point since the original intent was meant to communicate to residents the potential impact of the project to their frontage. Discuss and Vote on Partnership with Cape Light Compact and Brewster Chamber of Commerce on 2021 Main Streets Program Colin Odell from Cape Light Compact – The Cape Light Compact (CLC) for several years has run a Main Street Program where CLC and their service provider for their small business program go door to door to businesses and by appointment to get them involved in the CLC programs. June 1st to 3rd for Brewster – the areas around Lemon Tree, Underpass Road & Route 6A, and Foster Square. The Town would be lending its name and Town Seal on marketing materials to give it an increased level of credibility. All 21 member towns this year are aiming to increase commercial based efficiency – this is a big push. The services being offered are an Energy Audit, small low cost installations like LED lights and water saving devices; then anything more major- such as heating and air conditioning systems, etc. will be done at a later time. This is at no additional cost to the businesses. Businesses will get the brochure a month in advance, and the Chamber will get information out to their members. Peter Lombardi mentioned this would be a partnership with CLC and the Chamber. These efforts and initiatives are consistent with the Board’s goal of the net zero energy resolution and Town Meeting warrant article, consistent with those goals. There is a pilot program with CLC to hire an Energy Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 04-05-21 Page 3 of 10 Office of: Select Board Town Administrator Manager, which will be brought to the Board in a future meeting. Colin Odell said people can sign up in advance to get a specific time so the decision makers can be there to sign for installations, etc., but they will also do a neighborhood blitz during those dates, door to door. Selectperson Bingham moved to endorse the partnership for the 2021 Main Streets Program. Selectperson Whitney second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain – yes, Chair Chaffee-yes. The Board vote was 5-yes 0-No. Discuss and Vote on Local Initiative Project (LIP) Affordable Housing Project at 26 Red Top Road-Habitat for Humanity Assistant Town Administrator Donna Kalinick addressed the Board. There was a memo in the packet from the Housing Department regarding how we are handling the local initiative program applications. We have set in place some recommended guidelines which include: meeting informally with the Housing Staff, presenting a proposed housing project to the Brewster Housing Partnership for review and recommendation, completing the staff review process, and engaging in community outreach regarding the new housing. Habitat has met all of those guidelines. Beth Wade from Habitat for Humanity addressed the Board. She is the Director of Land Acquisition and Project Development for Habitat. She is requesting the approval and signature on the Local Initiative Project (LIP) application to the Department of Housing and Community Development for the project. She is also seeking a letter in support of the project and a “waiver of appraisal” letter that needs to be incorporated into the application. Beth Wade then shared a brief slide presentation with the Board and answered any questions that came from that. The opportunity to develop this property came from the generosity of Mrs. Beth Finch who plans to donate a portion of her property to build two affordable homes for the project. The most unique part of their ownership program is the participation of the buyers in building their own homes. This increases connection to the house, with volunteers, staff, and the greater community – a very powerful experience. They are planning to request a Veteran Home preference as the one local preference unit that will be allowed. One home will be built in honor of a local Veteran and volunteer, Bob Harding. He volunteered late into his 95th year. Any allowable preferences are determined and approved solely by the Department of Housing and Community Development (DHCD). She went over site plan slides with plans of the ranch homes to be built, and the project timeline. Brewster’s Community Preservation Committee (CPC) has committed funds of $100,000 to the project - $50,000/unit going for a vote at Town Meeting in May. Selectperson Whitney asked about the town water and how close it is to the location. Beth Wade answered approximately 300 feet from Stony Brook Road. Peter Lombardi said they have had discussions with the Water Department to bring water into Red Top Road, and there are plans to bring that forward next year. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 04-05-21 Page 4 of 10 Office of: Select Board Town Administrator Selectperson deRuyter moved to approve the LIP application and authorize the Chair to sign the LIP application on the Board’s behalf, to sign a letter of support for the project, and to request the appraisal waiver from DHCD. Selectperson Chatelain second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain – yes, Chair Chaffee-yes. The Board vote was 5-yes 0-No. Update on Fiscal 2020 Community Development Block Grant Award and Proposed Plan for 2021 Application Housing Coordinator Jill Scalise presented to the Board. Very excited that Brewster has been awarded Community Development Block Grant funding for housing rehabilitation and childcare subsidies. We are looking forward to hearing an update from Cassie Boyd Marsh. Cassie Boyd Marsh from Boyd Associates addressed the Board. $1.3M has been allocated to the three towns of Brewster, Dennis, and Wellfleet. That will provide 0% interest in forgivable loans of up to $40,000 to low income home owners, approximately 21 homes and 38 children assisted with up to $6,000 per child childcare subsidies for residents who are at 80% or less of the area median income. We are hopeful applications will go out in May and funds will start rolling in. The demand and interest from Brewster residents is very high. The program is first come/first served. They would also like to discuss Brewster taking the lead for the FY21 application. Selectperson deRuyter echoed Ms. Boyd Marsh’s remarks that once this program is open, hopefully folks waste no time to getting their applications in. He also fully supports the Town of Brewster taking the lead on the FY21 application. This would make us more likely to be successful in continuing the funding of this program in the future if Brewster were to lead that effort. Selectperson Chatelain said in looking through the application, it seems there will be a bigger burden on the staff and is curious the extent to which there is ability to assume this burden and what resources will be necessary. Assistant Town Administrator Donna Kalinick said, internally, Administration, the Housing Office, the Finance Director, and the Treasurer Collector would all have a role. We have had internal meetings about the probable workload. Town Administrator Peter Lombardi agreed that we could attempt to be the lead community for a year and monitor how much administrative time would be involved. Cassie Boyd Marsh said their goal is to make it as little of a burden on the Town as possible. They go out of their way to make it as simple for the Town as possible, however, there is work involved to be the lead. To get a sense of Select Board support, Chair Chaffee scanned the group and said she sees a thumbs up from Selectperson Whitney and Selectperson Bingham. We already heard from Selectperson deRuyter. Selectperson Chatelain said he would be very supportive of a one year trial to see where we are in terms of added workload burden for the Town. Chair Chaffee agrees with that sentiment as well. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 04-05-21 Page 5 of 10 Office of: Select Board Town Administrator Discuss and Vote on Feedback on and Potential Revisions to Town Charter Town Administrator Peter Lombardi went through the changes which came from the Water Superintendent and Water Commission and were vetted by town counsel. Peter Lombardi said we also received communications from Steve Jones, a local resident which were sent to town counsel. Most were relatively minor grammatical notes. Steve Jones had several questions as well. They have not made changes to the Charter yet, but wanted to go through them with the Board before the Warrant is finalized and goes to print. These were outlined in the memo in the packet: Select Board’s authority to investigate the Town Manager; school employee/committee exemption in personnel decisions; Finance Committee investigatory powers; why minor amendments to the Charter require 2/3rd majority vote- it is explicitly in the statute; when does the Charter take effect- transitional provisions in the proposed Town Meeting Article when Town Meeting and State Legislature have acted on the Charter itself. Chair Chaffee thanked Mr. Jones for his careful scrutiny of the document and raising the questions. It seems to her that Town Counsel is satisfied that the language in the current version of the Charter covered the points Mr. Jones asked about. Selectperson Whitney said the letter referenced several grammatical changes, and wondered if those are updated in the current version. Peter Lombardi said we will re-check everything before it goes to the printer. Selectperson Bingham moved to accept the revisions to the Town Charter under the Water Department as presented. Selectperson Whitney second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-yes. The Board vote was 5-yes 0-No. Vote to Open Town Meeting Warrant, Add Article on Police Sergeant Union Contract, and Close Warrant Selectperson Bingham moved to open the May 15, 2021 Town Meeting Warrant. Selectperson deRuyter second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-yes. The Board vote was 5-yes 0-No. Mr. Lombardi said that last month, the Police superiors who had been previously covered by the Police Union Contract, have decided to form their own separate bargaining unit and as a result, the Town will have to separately negotiate collective bargaining agreements with them. With that in mind, we had to add this new Town Meeting Article. Selectperson deRuyter moved to add Article 16, Police Sergeant Union Collective Bargaining Agreement to the Warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-abstain. The Board vote was 4-yes 0-No 1-Abstain. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 04-05-21 Page 6 of 10 Office of: Select Board Town Administrator Selectperson deRuyter moved to close the warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. Discuss and Vote on Remaining Spring 2021 Town Meeting Warrant Articles Article 1 - Unpaid bills. Peter Lombardi said there are none right now, but we want to keep this open as a placeholder in case one pops up. Selectperson deRuyter moved Article 1 of Special. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. Article 7, Water Department Enterprise Fund. Peter Lombardi explained that we need a re-vote - because the Water Department is now a full Enterprise Fund, the indirect costs to the General Fund, per State directives, are not to be included in their budget amount. Selectperson deRuyter moved to reconsider Article 7 in the Annual Town meeting Warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. Selectperson deRuyter moved Article 7 in the Annual Town Meeting Warrant as printed. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. Article 8, Community Preservation Act Funding. Peter Lombardi said we need to do a re-vote of funding sources and one addition to funding sources which was not explicitly included in the original article – the allocation to Open Space reserves. There were updates made to earlier iterations of the Warrant to bring that format in line with what we had put in place with Town Counsel last year. The one other change for clarification is because 50% of our annual revenues are required to be directed to Open Space appropriations and we are only making a little over $203,000 to a specific Open Space project for FY22, we have also called out in 5A $419,876 the balance of that $603,000 annual appropriation that will be directed to Open Space reserves. Selectperson deRuyter was curious as to why we were calling out specifically the set aside for Open Space the percentage to the specific allocation formula. Peter Lombardi said when you look at Historic Preservation and Community Housing, based on that 10% percentage formula, we are required to spend $124,000 for each of those categories. For Historic Preservation, we are allocating $125,000 which satisfies the minimum 10% amount; for Community Housing, we have well exceeded our minimum required contribution for FY22. We are trying to be as transparent and clear for everyone involved. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 04-05-21 Page 7 of 10 Office of: Select Board Town Administrator Selectperson deRuyter moved to reconsider Article 8 in the Annual Town Meeting Warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. Selectperson deRuyter moved Article 8 in the Annual Town Meeting Warrant as printed. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. Selectperson deRuyter moved to reconsider Article 8, Item 4A Dog Park Development Committee in the Annual Town Meeting Warrant. Selectperson Chatelain second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. Selectperson deRuyter moved Article 8, Item 4A Dog Park Development Committee in the Annual Town Meeting Warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-no, Chair Chaffee-Yes. The Board vote was 4-yes 1-No. Article 9, Capital and Special Projects Expenditures Peter Lombardi said we are looking to increase Technology Upgrades and Replacements Capital Item for the IT Department, directly related to software the Town is looking to acquire to improve the accessibility and transparency of our budget documents. We are hopeful that the implementation cost and some of the operating costs will be covered with either the Cares Act or Federal Funding. We should know in another month. Selectperson deRuyter moved to reconsider Article 9, Section 5A in the Annual Town Meeting Warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham- yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0- No. Selectperson deRuyter moved to Article 9, Section 5A in the amount of $60,000. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. Selectperson deRuyter moved to defer recommendation on Articles 14, 17, 18, 19, and 20 until Town Meeting. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. Selectperson deRuyter moved to defer recommendation on Articles 15 & 16 until Town Meeting. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham- Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 04-05-21 Page 8 of 10 Office of: Select Board Town Administrator yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-abstain. The Board vote was 4-yes 0-No 1-abstain Article 21, Citizen Petition concerning the 5 year cost to operate the Dog Park. Peter Lombardi said the Board left off with a suggestion that if the Town published the most recent version of the operations and maintenance plan that we have put together, the petitioner may withdraw their petition. He followed up with the petitioner, and after some additional questions regarding the draft plan and looking to incorporate changes to the plan, we were informed the petitioner plans to keep the petition on the Warrant. The Dog Park Development Committee is meeting tomorrow night; we will update and post on the website regardless. Selectperson deRuyter moved Article 21 in the Annual Town Meeting Warrant.Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-no, Selectperson Bingham-no, Selectperson deRuyter-no, Selectperson Chatelain-no, Chair Chaffee-no. The Board vote was 0-yes 5-No. Article 24, Private Road Betterment New Article 23 – made a couple of changes and this clarifies that the Town has always required the Select Board sending out proxy votes to all the abutters for a second vote on the project. These changes would memorialize this practice. Selectperson deRuyter moved to reconsider new Article 23 in the Annual Town Meeting Warrant, Private Road Betterment. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. Selectperson deRuyter moved Article 23 in the Annual Town Meeting Warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. Article 25, Citizen Petition on Hunting on Town Property Selectperson Bingham moved to reconsider Article 25, Citizen Petition on Hunting on Town Property in the Punkhorn. Selectperson Whitney second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. Selectperson Bingham moved Article 25 as printed in the Warrant. Selectperson Whitney second. A roll call vote was taken. Selectperson Whitney-no, Selectperson Bingham-yes, Selectperson deRuyter-no, Selectperson Chatelain-no, Chair Chaffee-no. The Board vote was 1-yes 4-No. Article 28, the Town Charter Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 04-05-21 Page 9 of 10 Office of: Select Board Town Administrator Selectperson deRuyter moved Article 28 in the Annual Town Meeting Warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. Assembly of Delegates Update: Mary Chaffee Mary Chaffee, Brewster’s delegate to the Assembly provided an update. The County’s delegates are sworn in every two years, and the members in the current session were sworn in on 1/6/2021. When each new session begins, the Assembly re-organizes. They elected Patrick Princi as Speaker, and Ms. Chaffee as Deputy Speaker; two new commissioners were elected as well, including Commissioner Mark Forest. They receive regular updates from Sean O’Brien, the Emergency Manager and his team. They have allocated money to assist with the pandemic. They have established a Covid help line 774-330-3001 Mon-Fri 8-4:30, there is also a vaccine information and email notification system sign-up for upcoming vaccine services as well. In reviewing the FY22 budget, it is proposed to be just over $20,245,000 which is an overall decrease of 8% because we were finally able to shed the Barnstable County Sheriff’s Retirement liability and shifted this financial burden to the State. The County will recoup at least some of the payments made over the last decade. Last month, the Assembly passed a Climate Emergency Resolution to reduce net greenhouse gas emissions from human activity to 0 as soon as is feasible. Jack Yunits who has served as Barnstable County Administrator will be stepping down this spring. Beth Albert has been hired in his place. She has been the Director of Human Resources since 2008. Assembly Meetings are the 1st and 3rd Wednesdays of the month at 4pm. You may view them online and on website. Vote to Accept Ben deRuyter’s Resignation from Cape and Islands Water Protection Fund Management Board and Vote to Appoint Peter Lombardi to Serve as Brewster’s Representative Ben deRuyter has served on the Board as Brewster’s representative since its inception. He also served on the subcommittee of the Trust as well which was tasked with drafting the bylaws and regulations on how the awards would be made to the municipalities that are members of the Trust. He will give an update at the next meeting. He will not be running this year, and we need to find a replacement for the 4/14 meeting. Members of this Board must be a member of the Select Board or a Town Administrator or a professional staff person from the municipality. Peter Lombardi kindly volunteered to serve. Selectperson Bingham moved to accept Ben deRuyter’s resignation from and appoint Peter Lombardi to the Cape and Islands Water Protection Fund Management Board. Selectperson Whitney second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain-yes, Chair Chaffee-Yes. The Board vote was 5-yes 0-No. For Your Information None Matters Not Reasonably Anticipated by the Chair None Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.brewster-ma.gov BoS 04-05-21 Page 10 of 10 Office of: Select Board Town Administrator Questions from the Media None Next Meetings: April 6 and April 20, 2021 Adjournment Selectperson Bingham moved to adjourn at 7:56pm, Selectperson deRuyter second. A roll call vote was taken. Selectperson Whitney-yes, Selectperson Bingham-yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes. The Board vote was 5-yes, 0-No. Respectfully submitted, Beth Devine Approved: _______________ Signed: _______________________________________ Date Selectperson Bingham, Clerk of the Board of Selectman Accompanying Documents in Packet: Agenda, TA Report documents, Consent Items, CLC info, Habitat info, CDBG info, FYI Packet, Draft 2021 Spring Town Meeting Warrant Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator Memo To: Brewster Select Board From: Donna J. Kalinick, Assistant Town Administrator Date: April 28, 2021 RE: Drummer Boy, Friends of Brewster Elders (FOBE) request June 15th The following comments were received in relation to the FOBE application for use of Drummer Boy for a grab & go volunteer appreciation lunch. Police Department: The police department does not have any issues with this application. Seeing that this is just a drive through event, we do not require the usual parking plan. Building Department: The Building Department has no concerns with this proposal. Health Department:Health Department has no concerns regarding the drive-thru event. Food products to be from an approved source and must be stored at the appropriate temperatures, as needed. Fire Department: FD has no issues. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator Memo To: Brewster Select Board From: Donna J. Kalinick, Assistant Town Administrator Date: April 28, 2021 RE: Drummer Boy, Brewster Recreation request August 6th The following comments were received in relation to the Brewster Recreation application for use of Drummer Boy for a Movie Night. Police Department: The police department would not have any objections, but we would like to see a parking plan. Lt. Bausch can certainly assist in putting one together if needed. Building Department: The Building Department has no regulatory concerns with this proposal. Health Department:At this time, all events to be conducted on Town owned property, including the Drummer Boy Park, must meet the MA Department of Public Health and MA Governor’s COVID- 19 Orders effective during the dates of the planned events. Currently, events and gatherings are limited to a maximum of 150 people in an outdoor setting. Prior to final approval, the Health Department requires another review at least one month prior to the August, 2021 event to confirm the state COVID orders in place at that time and to confirm if the events fall within the parameters of the state orders. Additionally, a detailed plan/sketch of the events describing the proposed COVID safety protocols is to be submitted to the Health Department for review and approval. Planning Department: No Comments Fire Department: No Comments TOWN OF BREWSTER 2298 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-9430 WWW.BREWSTERRECREATION.COM WWW.TOWN.BREWSTER.MA.US OFFICE OF RECREATION COMMISSION April 15, 2021 Dear Select Board members, I am writing you today to ask your permission to use Drummer Boy Park on the evening of Friday, August 6th from 7-10pm for an outdoor movie night by the bay. My hope is that we can work out an arrangement where the Recreation Department will sell tickets in advance so that we can limit the number of people and adhere to any requirements as far as capacity. I hope this information is suffice. Please let me know if you need anything else from the Recreation Department. Thank you for your consideration, Mike Gradone Recreation Director Town of Brewster TOWN OF BREWSTER 2298 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-9430 WWW.BREWSTERRECREATION.COM WWW.TOWN.BREWSTER.MA.US OFFICE OF RECREATION COMMISSION April 15, 2021 Dear Select Board members, I am writing you today to ask your permission to have an evening (adult) beach volleyball program on Crosby beach on Thursday nights during the summer of 2021. Brewster Recreation would be running this program and would either have a staff member or another adult volunteer on site. Our proposal is below: Brewster Rec adult beach volleyball proposal: Held at Crosby beach, 6pm – 8pm, Thursdays Begins July 8th through August 26th 16 persons or less allowed. Drop in fee will need to be paid in exact cash. 6 foot distance required between participants when possible. We will have hand sanitizer for participants. Masks will be required unless there is a medical exemption. Any equipment will be cleaned before and after class. I hope this information is suffice. Please let me know if you need anything else from the Recreation Department. Also, as we did last year, we are planning on offering paddle board classes. SUPfari would like to run a stand up paddle boarding class again this summer at Upper Mill Pond. Our goal is to package it with the sailing program on Tuesdays and Thursdays so that it makes for an “afternoon program”. SUP from 11:30- 12:30p, half hour for lunch, sailing from 1-3:30p. Thank you for your consideration, Mike Gradone Recreation Director Town of Brewster Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator Memo To: Brewster Select Board From: Susan Broderick, Assistant Town Administrator Date: April 28, 2021 RE: One Day Liquor Licenses Gary Thulander, Chatham Bars Inn Managing Director, is requesting two 1 day liquor licenses for events at the Chatham Bars Inn Farm, located at 3038 Main Street. The first request is for a Farm to Table dinner on May 19, 2021 from 5:00pm – 8:30pm. This event is for guests of CBI, it is not open to the public. Beer, wine and a signature cocktail will be served. The second 1 day liquor license is for a wedding on June 5, 2021 from 4:00pm – 10:00pm. Beer, wine and liquor will be served. These events are covered under the Special Event Venue permit approved by the Zoning Board of appeals on April 13, 2021. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator Memo To: Brewster Select Board From: Susan Broderick, Assistant Town Administrator Date: April 29, 2021 RE: Special Event License: Snowy Owl Coffee Roaster The Snowy Owl is requesting a Special Event License for May 11, 2021. They would like to host a Brewster Candidates event from 4:00pm – 6:00pm. The event would be held outside behind the Snowy Owl. The event would be open to the public and would give candidates an opportunity to present their platforms as well as a Q & A session with the public. There will be a sound system provided by Snowy Owl. They do not plan on providing seating for audience members, but will allow the public to bring their own chairs. All in attendance will be asked to wear masks and to social distance. The Snowy Owl will remain open for attendees to access the restroom facilities. If this request is approved by the Select Board, Candidates will receive invitations from the Snowy Owl to attend the event. Below, please find feedback from Department Heads. This feedback will be shared with the Snowy Owl. Fire Department Maintaining access to the facility is a key for us. He estimates 40-50 cars for the front lot area and 150 people. I don’t know how many spaces currently exist but we require at least 20’ lanes in between parked vehicles to maintain emergency access. If they only use the current marked spaces then we should be ok. However, this may become an issue with that many vehicles if they park randomly throughout the area. Perhaps having someone in the lot to ensure access is maintained would be appropriate. I know the number of attendees is only estimated at 150 but that is a large number that creates increased potential for EMS response. Health Department - Attendees to be notified, as indicated in the application, that social distancing and masks are required per standard COVID protocols. - Standard disinfection and sanitation COVID protocols to be in place for any shared common surfaces i.e. microphones to be shared by non-cohort individuals - Standard COVID signage is strongly recommended to encourage safety practices. Police Department The police departments concern would be regarding traffic flow and access as well. If Chief Moran’s concerns are addressed, that would alleviate any issues we would have. April 30, 2021 Mr. Paul Anderson, Superintendent Brewster Water Department 165 Commerce Park Road Brewster, MA 02631 RE: Recommendation to Award Water System Facilities Generators Town of Brewster, MA Contract #265-2002 Dear Mr. Anderson, Sealed bids for the subject contract were received through ProjectDog’s electronic bidding system on April 22, 2021 at 2:00 p.m. Bids were received from four Contractors. Environmental Partners has checked the bid proposals for completeness and accuracy, in accordance with the Contract Documents and the provisions and requirements of M.G.L. Chapter 30, Section 39M. Enclosed is a detailed Bid Tabulation of the bid prices included with each bid. Based on our review of bid prices, Phillips Electric Inc. is the apparent low bidder with a bid price of $578,000.00. As required by the bid documents, Phillips Electric Inc. (Phillips) submitted references with their bid. We spoke with three of the references provided in their bid form. Based on our reference checks, we have determined that Phillips is recommended. References indicated that Phillips provides a good quality of work, but that communication has been a challenge on some projects. Environmental Partners has not worked with Phillips in the past. Reference telephone logs are attached. Based on the information provided herein, we have determined that Phillips is the lowest responsible and eligible bidder under the provisions of M.G.L. Chapter 30, Section 39M. As a result, we recommend award of the Water System Facilities Generators, Contract #265-2002 to Phillips Electric Inc. Per your request, Environmental Partners recommends that the Town include a contingency of 17% ($100,000.00) in the funding request at Town Meeting to mitigate any issues that may come up during construction. This comes out to a total of $678,000.00. Please find enclosed a “Notice of Award”, which reflects Environmental Partners’ recommendation. As noted in the project documents, the award of the project is subject to a positive Spring 2021 Town Meeting vote. If you are in agreement with our recommendation, please have the Town Manager sign the attached “Notice of Award” following the approval of funds, and return it to my attention. We will forward the signed Notice of Award to Phillips Electric Inc., along with the other contract document requirements. Phillips Electric Inc. will then have 10 days to sign and execute the contract, and return it to the Town for execution. Page 2 of 2 envpartners.com Please feel free to contact me at (617) 657-0292 or awp@envpartners.com with any questions or concerns. Sincerely, Environmental Partners Group, Inc. Alston W.C. Potts, PE Project Engineer P: 617.657.0292 E: awp@envpartners.com CC Donna Kalinick, Assistant Town Administrator, Town of Brewster Dave Patangia, PE, Principal, Environmental Partners Attachments Bid Tabulation and Administrative Review Reference Telephone Logs Notice of Award (00550-1) Bid Tabulation and Administrative Review Apparent Order of Bidders Company Base Bid 1 Phillips Electric $578,000.00 2 Fall River Electrical Associates $636,565.00 3 Sparks Electric $662,188.00 4 Robert B Our $690,145.00 APRIL 22, 2021, 2:00 PM Bids submitted electronically via ProjectDog BID OPENING CONTRACT #265-2002 WATER SYSTEM FACILITIES GENERATORS TOWN OF BREWSTER, MA CONTRACTOR CONTRACTOR BASE BID PRICE BID SIGNED BID BOND BID BOND AFFIDAVIT1 NON- COLLUSIVE AFFIDAVIT CERTIFICATE OF CORPORATE VOTE2 STATE TAXES CERTIFICATION OSHA 10HR CERTIFICATION PROJECT REFERENCES / BIDDER EXPERIENCE ADDENDUM 1 Phillips Electric $578,000.00 ✓✓N/A ✓✓✓✓✓✓ Fall River Electrical Associates $636,565.00 ✓✓N/A ✓✓✓✓✓✓ Sparks Electric $662,188.00 ✓✓N/A ✓✓✓✓✓✓ Robert B Our $690,145.00 ✓✓N/A ✓✓✓✓✓✓ Notes 1. Bid Bond Affidavit only required if cash/check used for Bid Bond. 2. Corporations only APRIL 22, 2021, 2:00 PM WATER SYSTEM FACILITIES GENERATORS BID OPENING ADMINISTRATIVE REVIEW TOWN OF BREWSTER, MA CONTRACT #265-2002 Bids submitted electronically via ProjectDog Item No.Description Unit Unit Price Extended Price Unit Price Reported Price Calculated Price Unit Price Reported Price Calculated Price Unit Price Reported Price Calculated Price Unit Price Reported Price Calculated Price 1 Mobilization & Demobilization 1 LS 22,920.00$ 22,920.00$ 21,988.00$ 21,988.00$ 21,988.00$ 6,000.00$ 6,000.00$ 6,000.00$ 6,020.00$ 6,020.00$ 6,020.00$ 25,000.00$ 25,000.00$ 25,000.00$ 2 Well Station #1 1 LS 127,800.00$ 127,800.00$ 121,550.00$ 121,550.00$ 121,550.00$ 161,121.00$ 161,121.00$ 161,121.00$ 149,397.00$ 149,397.00$ 149,397.00$ 140,400.00$ 140,400.00$ 140,400.00$ 3 Lime Station #1 1 LS 36,300.00$ 36,300.00$ 65,480.00$ 65,480.00$ 65,480.00$ 62,742.00$ 62,742.00$ 62,742.00$ 80,600.00$ 80,600.00$ 80,600.00$ 95,850.00$ 95,850.00$ 95,850.00$ 4 Well Station #2 1 LS 138,900.00$ 138,900.00$ 125,500.00$ 125,500.00$ 125,500.00$ 148,074.00$ 148,074.00$ 148,074.00$ 146,559.00$ 146,559.00$ 146,559.00$ 139,972.00$ 139,972.00$ 139,972.00$ 5 Well Station #4 1 LS 126,400.00$ 126,400.00$ 116,552.00$ 116,552.00$ 116,552.00$ 129,977.00$ 129,977.00$ 129,977.00$ 146,369.00$ 146,369.00$ 146,369.00$ 139,403.00$ 139,403.00$ 139,403.00$ 6 Greensand WTP 1 LS 118,300.00$ 118,300.00$ 96,710.00$ 96,710.00$ 96,710.00$ 102,150.00$ 102,150.00$ 102,150.00$ 99,993.00$ 99,993.00$ 99,993.00$ 118,070.00$ 118,070.00$ 118,070.00$ 7 Rock Excavation 10 CY 100.00$ 1,000.00$ 120.00$ 1,200.00$ 1,200.00$ 0.06$ 0.60$ 0.60$ 295.00$ 2,950.00$ 2,950.00$ 95.00$ 950.00$ 950.00$ 8 Exploratory Excavation 40 CY 112.50$ 4,500.00$ 63.00$ 2,520.00$ 2,520.00$ 0.01$ 0.40$ 0.40$ 95.00$ 3,800.00$ 3,800.00$ 100.00$ 4,000.00$ 4,000.00$ 9 Integration Services Allowance 1 LS 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 7,500.00$ 10 Electric Utility Coordination Allowance 1 LS 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 11 Gas Utility Coordination Allowance 1 LS 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ Base Bid Total and Basis of Award 602,620.00$ 578,000.00$ 636,565.00$ 662,188.00$ 690,145.00$ BID OPENING TABULATION WATER SYSTEM FACILITIES GENERATORS TOWN OF BREWSTER, MA CONTRACT #265-2001 Bids submitted electronically via ProjectDog APRIL 22, 2021, 2:00 PM 636,565.00$ Bid Quantity Fall River Electrical Associates Robert B Our 690,145.00$ Sparks Electric 662,188.00$ Phillips Electric 578,000.00$ Engineer's Estimate Reference Telephone Logs envpartners.com PHONE LOG Date: April, 23 2021 Time: 11:52 AM By Arwa Almutabagani, Environmental Partners Group, Inc. Spoke To Arthur Markos, Tewksbury DPW – Engineering Department Phone No. 978.640.4440 Subject WATER SYSTEM FACILITIES GENERATORS, Reference Check for Phillips Electric ________________________________________________________________________________________________________ Purpose of the call: Checking Phillips Electric reference for the BREWSTER WATER SYSTEM FACILITIES GENERATOR project in BREWSTER, MA. Project Title: Tewksbury Generators Project Location: Tewksbury, MA Project Cost: $769,000 Project Completion Date: 01/2021 1. Did they perform the work in accordance with the plans and specifications? Were you satisfied with the quality of their work? Yes. 2. Was the project completed on schedule? If not, were the schedule delays attributable to the Contractor? Not on schedule. They had issues with delivery of the generators, but it was attributable to the contractor. 3. Was the project completed within budget? Yes. Page 2 of 2 envpartners.com 4. How many change orders did the project have? Were the change order requests justified? Were any change orders owner-directed? Eight change orders all mutually agreed upon. 5. Did the contractor provide timely and complete contract submittals and documentation? Yes. 6. Did the Contractor provide a dedicated Project Manager and Field Superintendent? Was the work adequately supervised and managed? Did the contractor’s office and field staff communicate effectively? Yes, Tewksbury also had a consultant engineer to help with the project. 7. Were there after-hours issues identified during construction? If yes, was the contractor responsive in addressing the issues? Yes, they were responsive. It took a little bit of coercing, called multiple times to make sure they address the issue. 8. Were there any major problems encountered during construction? If so, how where they handled by the contractor? Did the contractor actively participate in problem resolution? No major problems but very active in trying to resolve any problems. 9. Did the contractor perform the work safely and efficiently without undo impact to the public? Yes. 10. Do you have pending litigation with Contractor? No. 11. Would you recommend them for another project? Yes, they do very good work (family owned business). 12. Other Comments: No. envpartners.com PHONE LOG Date: April 28, 2021 Time: 12:55 PM By Arwa Almutabagani, Environmental Partners Group, Inc. Spoke To Tom Murphy, Gravity Construction Phone No. 781.858.6867 Subject WATER SYSTEM FACILITIES GENERATORS, Reference Check for Phillips Electric ________________________________________________________________________________________________________ Purpose of the call: Checking Phillips Electric reference for the BREWSTER WATER SYSTEM FACILITIES GENERATOR project in BREWSTER, MA. Project Title: Gravity Construction Project Location: 86-(C2) Washington Street, Plainville, MA Project Cost: $87,000 Project Completion Date: 1/2021 1. Did they perform the work in accordance with the plans and specifications? Were you satisfied with the quality of their work? Yes. 2. Was the project completed on schedule? If not, were the schedule delays attributable to the Contractor? On schedule. 3. Was the project completed within budget? Yes. Page 2 of 2 envpartners.com 4. How many change orders did the project have? Were the change order requests justified? Were any change orders owner-directed? No change orders. 5. Did the contractor provide timely and complete contract submittals and documentation? Yes. 6. Did the Contractor provide a dedicated Project Manager and Field Superintendent? Was the work adequately supervised and managed? Did the contractor’s office and field staff communicate effectively? Yes. 7. Were there after-hours issues identified during construction? If yes, was the contractor responsive in addressing the issues? None. 8. Were there any major problems encountered during construction? If so, how where they handled by the contractor? Did the contractor actively participate in problem resolution? No major problems. 9. Did the contractor perform the work safely and efficiently without undo impact to the public? Yes. 10. Do you have pending litigation with Contractor? No. 11. Would you recommend them for another project? Yes. 12. Other Comments: No. envpartners.com PHONE LOG Date: April 29, 2021 Time: 3:19 PM By Arwa Almutabagani, Environmental Partners Group, Inc. Spoke To Vicki Halmen, Town of Ipswich – Utilities Department Phone No. 978.356.6635 ext 2108 Subject WATER SYSTEM FACILITIES GENERATORS, Reference Check for Phillips Electric ________________________________________________________________________________________________________ Purpose of the call: Checking Phillips Electric reference for the BREWSTER WATER SYSTEM FACILITIES GENERATOR project in BREWSTER, MA. Project Title: Lappins Sewer Pump Generator Project Location: 227 High St, Ipswich, MA Project Cost: $46,340 Project Completion Date: 11/2020 1. Did they perform the work in accordance with the plans and specifications? Were you satisfied with the quality of their work? Yes. 2. Was the project completed on schedule? If not, were the schedule delays attributable to the Contractor? It took longer than expected because of equipment delay. 3. Was the project completed within budget? No. Change order plus technical changes resulted in the project being over budget. Vicki believes that the contractor was aware of the problem and they did not acknowledge it earlier. Page 2 of 2 envpartners.com 4. How many change orders did the project have? Were the change order requests justified? Were any change orders owner-directed? One change order. It was justified but it could have been addressed earlier, efficiently, and equitably. 5. Did the contractor provide timely and complete contract submittals and documentation? Yes. 6. Did the Contractor provide a dedicated Project Manager and Field Superintendent? Was the work adequately supervised and managed? Did the contractor’s office and field staff communicate effectively? Yes. 7. Were there after-hours issues identified during construction? If yes, was the contractor responsive in addressing the issues? No after-hours issues. 8. Were there any major problems encountered during construction? If so, how where they handled by the contractor? Did the contractor actively participate in problem resolution? Issue regarding change order could have been communicated better. 9. Did the contractor perform the work safely and efficiently without undo impact to the public? Yes. 10. Do you have pending litigation with Contractor? No. 11. Would you recommend them for another project? Yes. 12. Other Comments: Their work was fine, but be careful about specifications and communication. Notice of Award (00550-1) Water System NOTICES Brewster, Massachusetts Facilities Generators 00550-1 265-2001 NOTICE OF AWARD TO: Phillips Electric, Inc. DATE: 69 Milton Street Dedham, MA 02026 PROJECT DESCRIPTION: Water System Facilities Generators, Town of Brewster The Owner has considered the Bid submitted by you for the above described Work on April 22, 2021 in response to its Advertisement for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted for Items totaling the amount of $578,000.00 (Five Hundred Seventy Eight Thousand Dollars and Zero Cents). You are required by the Instructions to Bidders to execute the Contract Agreement and furnish the required Contractor's Performance Bond, Payment Bond and certificates of insurance within ten (10) days from the date of this Notice of Award. If you fail to execute said Agreement and to furnish said Bonds and Insurance within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this ______ day of ____________, 20___. By Its Town Administrator: _________________________________ _______________________________ Date ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged, this, the day of , 20___. By: ______________________________________ Title: _____________________________________ Apr. 30, 2021 @ 1:30pm Brewster Select Board Motions - Spring 2021 Town Meeting Art. Title Sponsor Pg Select Board Assignment SPECIAL TOWN MEETING 1 Unpaid Bills Selectmen 19 Cindy ANNUAL TOWN MEETING 1 Cape Cod Reg. Tech. Operating Budget CCRT School Comm. 21 n/a 2 Elementary Schools Operating Budget Brewster School Comm. 22 n/a 3 Nauset Regional Schools Operating Budget Nauset Reg. School Comm. 22 n/a 4 Assessment Formula for Nauset Regional Schools Nauset Reg. School Comm. 23 Consent 5 Town Operating Budget Selectmen 24 Mary 6 Golf Department Reserve Fund Selectmen 27 Dave 7 Water Department Enterprise Fund Selectmen 27 Mary 8 Community Preservation Act Funding CPC Committee 28 n/a 9 Capital and Special Projects Expenditures Selectmen 34 Ben 10 Special Revenue Fund/Cable Franchise Fee Selectmen 46 Consent / Mary back up 11 Acceptance of Grants and Gifts Selectmen 47 Consent / Mary back up 12 Repair & Resurface Town Roads/Ch. 90 Funds Selectmen 47 Consent / Ben back up 13 Property Valuation Services Contract Selectmen 48 Ned 14 Fire Union Collective Bargaining Agreement Selectmen 49 Dave 15 Police Union Collective Bargaining Agreement Selectmen 49 Dave 16 Police Sergeant’s Union Collective Bargaining Agreement Selectmen 49 Dave 17 SEIU Collective Bargaining Agreement Selectmen 50 Ned 18 OPEIU Collective Bargaining Agreement Selectmen 50 Ben 19 Ladies Library Collective Bargaining Agreement Selectmen 51 Cindy 20 Non-Union Personnel Wage Funding Selectmen 51 Ben 21 Citizen Petition/5 Year Cost Est. to Operate Dog Park Citizen Group 52 n/a 22 Citizen Petition/Climate Emergency & Net Zero Declaration Citizen Group 52 n/a 23 Town Code Amendment/Private Road Betterment Selectmen 54 Ned 24 Citizen Petition/Private Road Betterment Citizen Group 57 n/a 25 Citizens Petition/Hunting on Town Property Citizen Group 57 n/a 26 Captains Golf Course Restaurant Lease Selectmen 59 Cindy 27 Citizens Petition/School Choice Citizen Group 60 n/a 28 Town Charter Selectmen 28 Cindy Consent Calendar: Selectmen 10 Ned Brewster Recycling Commission Brewster, Massachusetts May 3, 2021 Dear Brewster Business Member, At the May 2019 Town Meeting, residents passed the Thin-Film Plastic Bag Ban for the Town of Brewster, however, implementation was delayed due to the COVID-19 pandemic. Please be aware, however, that this ban now goes into effect July 1, 2021, so you may want to monitor your bag purchases accordingly. Additionally, at the Fall 2020 Town Meeting, a ban on the commercial Sale of Single-use Plastic Water Bottles was passed and becomes effective on September 1, 2021. On that date “it shall be unlawful to sell non-carbonated, unflavored drinking water in single-use plastic bottles of less than one gallon in the Town of Brewster. Many of you are currently offering alternate types of bags or you encourage customers not to take a bag at checkout by asking whether they need a bag. Some businesses have already stopped selling water in less than one (1) gallon containers. We thank you for your efforts! The Brewster Recycling Commission is prepared to help you transition to a greener alternative should you want our assistance. Our goal is to have residents and visitors bring in and use their own reusable bags, and to enjoy drinking our award-winning tap water. Copies of both bylaws are enclosed for your reference. Please feel free to reach out to the Town Administrator’s office (email:townadmin@brewster- ma.gov) if you have questions about either of the bylaws. Sincerely, Margretta E. Morris Chair, Brewster Recycling Commission Cc: Brewster Recycling Commission Members Town Administration ARTICLE III Thin-Film Plastic Bags [Adopted 5-6-2019 ATM, Art. 20] §135-4.Findings. The Town of Brewster makes the following findings: A.The production and use of thin-film,single-use plastic bags ("thin- film bags")results in harm to the land,environment and waterways of coastal communities like Brewster,including but not limited to: (1)The deaths of marine and land animals by ingestion and entanglement. (2)Littering Town streets,parks,public spaces and waterways which detracts from the natural beauty of the Town. (3)Creating mechanical and disposal burdens for solid waste collection and recycling through entanglement with equipment. (4)Thin-film bag manufacturing requires nonrenewable fossil fuels. (5)Most thin-film plastic bags are not recycled even when users have access to recycling opportunities. B.Thin-film bags are not biodegradable or compostable.Affordable, environmentally responsible alternatives to thin-film bags exist, including reusable shopping bags of cloth or other durable material, and are available from numerous sources and vendors. C.Tourism is vital to Brewster's economy and thin-film bag use and litter detracts from the Town's image as an eco-tourism destination. D.Thirteen of 15 Barnstable County towns have already instituted thin-film bag bans;as have nearly 90 municipalities across the commonwealth. E.Many consumers,as well as Brewster retail establishments,have already stopped using thin-film bags. F.Thin-film plastic bag regulations have proven effective in reducing plastic bag consumption and litter and are part of the growing trend toward sustainability. §135-4 §135-5 :1 §135-5.Purpose and intent. §135-6.Definitions. ESTABLISHMENT —Any business selling goods,articles,food or personal services to the public,including but not limited to markets, merchandise retailers,food purveyors,public eating establishments, and take out restaurants. RECYCLABLE PAPER BAG —A paper bag with or without handles provided at the checkout stand,cash register,point of sale,or other point of departure for the purpose of transporting food or merchandise from the establishment. The bag: REUSABLE BAG —A bag with stitched handles specifically designed for multiple reuse, and is made of: THIN-FILM (SINGLE-USE)BAG —Plastic bags provided at the checkout stand,cash register,point of sale,or other point of departure for the purpose of transporting food or merchandise from the establishment;has integral handles and a thickness of less than 4.0 mils. A.Brewster is committed to protecting the environment,and the public health, safety and welfare of its citizens. B.The purposes of this bylaw are to protect and conserve Brewster's natural and economic resources,enhance the Town's natural beauty,reduce land and marine pollution,advance solid waste reduction,and encourage the use of reusable and recyclable bags within the Town.Therefore,the Town of Brewster will implement this bylaw to phase out the use of thin-film plastic bags by all Brewster business establishments by June 1, 2020. Is 100% recyclable; andA. Contains a minimum of 40%post-consumer recycled paper content. B. Cloth or other machine-washable fabric;A. Durable,non-toxic plastic (other than polyethylene or polyvinyl chloride)that is four mils [NOTE:Plastic sheeting is measured in mils;a mil is equal to one one-thousandth of an inch,or 0.001 inch.One mil also equals 0.0254 millimeter;thus a mil is not the same as a millimeter.]or more thick,100 microns or more thick, or 100 GSM [NOTE:GSM (Grams per Square Meter)is a measure of material durability.] or more; or B. Other durable material suitable for reuse.C. §135-5 §135-7 :2 §135-7.Use and regulation. §135-8.Exemptions. The following are exempt and not subject to the provisions of this bylaw: §135-9.When effective. A.Thin-film (single-use)plastic bags shall not be distributed or sold at any establishment within the Town of Brewster. B.Existing stock of thin-film bags shall be phased out by June 1, 2020. C.Establishments may only offer reusable bags or recyclable paper bags to customers at the check-out or point of sale. D.Establishments may charge and retain a fee for any recyclable paper bag or reusable bag they offer. E.Establishments are strongly encouraged to educate their staff to promote reusable bags,and to encourage customers to use reusable bags. F.Nothing in this bylaw prohibits customers from using bags or other containers brought by the customer to the establishment; customers are encouraged to bring their own reusable bags. A.Bags,a maximum size of 11 inches by 17 inches,used by customers inside establishments to: (1)Package bulk items like fruit, nuts, candy or small items; (2)Contain frozen foods, meat or fish; or (3)Contain flowers,plants,or items where dampness may be a problem. B.Dry cleaning bags or bags sold in packages containing multiple bags intended for home use,including but not limited to Pay-As- You-Throw bags. A.This bylaw shall take effect 12 months after adoption and in accord with MGL c. 40, §32. B.The Select Board or its designee may grant a deferment from compliance with this bylaw for a period of not more than six months upon the establishment's showing,in writing,that strict compliance with this bylaw would create an undue hardship or §135-7 §135-9 :3 §135-10.Inspection and enforcement. §135-11.Noncriminal disposition; violations and penalties. §135-12.Severability. Each section of this bylaw shall be construed as separate to the end that if any section,sentence,clause or phrase shall be held invalid by a court of competent jurisdiction,the remainder of this bylaw shall remain in full force. practical difficulty not generally applicable to other establishments in similar circumstances.The decision to grant or deny an exemption shall be at the Select Board's sole discretion, in writing, and the decision will be final. A.This bylaw may be enforced by any means available in law or in equity,including noncriminal disposition in accordance with §135-11. B.This bylaw shall be enforced by any Town police officer or agent of the Board of Health. C.Any enforcing person shall have the right to enter any public areas of an establishment during regular business hours,without a search or inspection warrant,to make reasonable inspection to ascertain compliance with the provisions of this bylaw. A.Any establishment that violates or fails to comply with this bylaw shall be subject to the following penalties pursuant to MGL c.40, §21D.Each day the violation exists shall constitute a separate violation. B.The following penalties apply: (1)First offense: warning. (2)Second offense: $50. (3)Third and subsequent offenses: $100. C.Subsequent offenses shall be determined as offenses occurring within two years of the date of the first noticed offense. §135-9 §135-12 :4 Chapter 152 SINGLE-USE PLASTIC WATER BOTTLES §152-1.Sale of single-use plastic water bottles. Effective on September 1,2021,it shall be unlawful to sell non-carbonated, unflavored drinking water in single-use plastic bottles of less than one gallon in the Town of Brewster.Enforcement of this regulation will begin September 1, 2021. §152-2.Definitions. As used in this chapter,the following terms shall have the meanings indicated: SINGLE-USE PLASTIC BOTTLE —A beverage container made from any type of plastic resin. §152-3.Exemptions. Sales or distribution of non-carbonated,unflavored drinking water in single- use plastic bottles occurring subsequent to a declaration of emergency (by the Emergency Management Director or other duly authorized Town, County,Commonwealth or Federal Official)affecting the availability and/or quality of drinking water to residents of the Town shall be exempt from this bylaw until seven days after the declaration has ended. §152-4.Enforcement. A.Enforcement of this chapter shall be the responsibility of the Town Manager or his/her designee.The Town Manager shall determine the inspection process to be followed,incorporating the process into other Town duties as appropriate.Any establishment conducting sales in violation of this article shall be subject to a noncriminal disposition fine as specified in MGL c. 40, §21D. The following penalties apply: (1)First violation: written warning. (2)Second violation: $150 fine. (3)Third and subsequent violation: $300 fine. B.Each day a violation continues constitutes a separate violation, incurring additional fines.Any such fines collected shall be payable to the Town of Brewster. 152:1 4/27/21 (FINAL) 1 Operations and Maintenance Plan Spring 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 4/27/21 (FINAL) 2 Table of Contents INTRODUCTION.....................................................................................................................................3 BACKGROUND AND HISTORY ...........................................................................................................3 – 5 ASSUMPTIONS.........................................................................................................................................5 SITE SELECTION......................................................................................................................................6 DESIGN FEATURES .................................................................................................................................6 - 7 MANAGEMENT ........................................................................................................................................7 - 8 MAINTENANCE .........................................................................................................................................8 - 9 VOLUNTEERS.............................................................................................................................................9 EDUCATION................................................................................................................................................9 SANITATION...............................................................................................................................................9 LANDSCAPING............................................................................................................................................9 - 10 EQUIPMENT MAINTENANCE.................................................................................................................10 UTILITIES ...................................................................................................................................................10 BUDGET.......................................................................................................................................................10 - 12 APPENDICES ..............................................................................................................................................13 - 20 Appendix 1: Dog Park Rendering..........................................................................................................................13 Appendix 2: Dog Park Rules....................................................................................................................................14 Appendix 3: Nauset Disposal Pledge of Support………………………………………………………….………15 Appendix 4: Agway of Cape Cod Pledge of Support…………………………………………………..…………16 Appendix 5: Friends of Brewster Dog Park Facebook Page………………………………………….………17 Appendix 6: FBDP & Town of Brewster Memorandum of Understanding ……………………………17 – 20 4/27/21 (FINAL) 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 and in line with the 2018 Town of Brewster Vision Plan 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 to ensure success. The Vision Committee (2018) identified a dog park as an amenity desired by the citizens of Brewster. Public engagement: o Public input solicited at multiple meetings (2018 - ongoing) 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 has attained 501(c)(3) non-profit status with the Internal Revenue Service allowing tax-deductible donations to be made to the Dog Park. o FBDP sent a mailing to all registered dog owners November 2018 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. 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. 4/27/21 (FINAL) 4 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. In February 2021 the third round of base bids ranged form $401,279 to $869,760 and an additional cost for the alternatives (full design) ranging from $491,760 to $1,003,980. It was decided to award the low base bid $401,279 to local contractor, Speakman Excavating, LLC, Harwich, MA, subject to availability of funds and approval at Town Meeting. If approved, the $225 Stanton Foundation Grant; the $185K from the CPC will be used to award the base bid, including a small contingency. The alternatives (e.g. water stations, signage, waste stations, shade trees and benches) will bid by, and work performed by the Town with $50K in funds from the non-profit FBDP. The full cost of the dog park is expected not to exceed $460k and may come in lower with in-kind donations and continued fund raising efforts of the FBDP. 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 construction costs which will be used to fund the bid alternates (e.g. water fountains, signs, waste stations, shade trees, benches) coordinated by the Town. 4/27/21 (FINAL) 5 The balance of construction funding $185k, was approved (Feb ’21) by the Community Preservation Committee using Community Preservation Act (CPA) funds. CPA funds are 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. $23,000 assuming a $460k build) of construction costs. In addition to the $50,000 commitment towards the construction FBDP anticipates fund raising activities 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. 4/27/21 (FINAL) 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 Fence Height and Material: 5-foot 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. 4/27/21 (FINAL) 7 Signage: Posted rule signs. Water: Drinking fountains will be provided and will include a dog drinker/bowl. Lighting: As the park areas are open between ½ hour after sunrise and sunset, 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: Compliance with the ADA for access to the site as well as an asphalt path through park was a priority and requested during the resident input phase. 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. 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. 4/27/21 (FINAL) 8 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 and people. The FBDP has been issued a Certificate for Solicitation from the Commonwealth of Massachusetts, Office of the Attorney General and as Tax- deductible donations may be made to: Friends of Brewster Dog Park, Inc., 65 Harmony Ln., Brewster, MA 02631 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. The FBDP and it’s in-kind donations from Agway of Cape Cod, Nauset Disposal and other yet to be identified entities seek to limit the financial burden on the Town of Brewster by pledging $50,000 to the construction funding and another $25,000 for the maintenance and stewardship of the Brewster Dog Park. FBDP Volunteers will provide approximately 2,000 hours of volunteer services annually, per FBDP estimates. This will consist of Volunteer Stewards who will coordinate the day-to-day operations of the Dog Park, as well as Directors of the non-profit overseeing administrative items. In addition, the Latham Center in Brewster has expressed an interest to assist the FBDP in fundraising efforts and to utilize the dog park in their programs to enrich the lives of their students and adult residents. Fines: The Select Board through the Animal Control Officer will determine if warning tickets and/or fines will be levied 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 a requirement. Size: The large dog section will be approximately 45,000 sf or 1 acre, and the small dog section will be approximately 21,500 sf or ½ acre. Maintenance: As with any outdoor space, the dog park will have to be maintained. Some small surfaces may need to be weeded 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. 4/27/21 (FINAL) 9 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, a Certified Professional Dog Trainer and the Brewster Animal Control Officer will develop programs to educate park users on dog etiquette, and to educate the community about dogs and dog parks in general. 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. Agway of Cape Cod will provide biodegradable, disposable waste removal mitts (Mutt Mitts) at no cost to the Town. Nauset Disposal will provide dog waste collection at no cost to the Town. 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 also 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. 4/27/21 (FINAL) 10 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. Utilities: BWD and CGC will winterize fountains and sprinkler system, and turn off, as appropriate. Budget: The two driving forces in the majority of the costs are waste disposal and mutt mitts and these are being donated. Over five years, the range in the yearly cost is expected to be $10,500 to $12,500, with the Town responsible $1,000 to $3,000. DPW incorporates general maintenance, leaf and snow removal in the general DPW budget, as individual park locations are not separated out and “billed” individually. 4/27/21 (FINAL) 11 Proposed Estimated Annual Budget Waste Removal - $6,000/year – Donated by Nauset Disposal. If Nauset Disposal ever ceases to donate these services, it is the intent of the FBDP to cover these services through fundraising activities. Actual cost to Town = $0 o Encouraging dogs to use the dog park will lessen the amount of dog feces deposited around Town. Removal of canine feces by Nauset Disposal through an in-kind donation relieves this cost from Brewster taxpayers. Nauset Disposal will not dispose of waste at the Brewster Transfer Station. Mutt Mitts - $1,200/year – Donated by Agway minimally for three (3) years, with a maximum of fifteen (15) cases of Mutt Mitts per year. Mutt Mitts currently cost Agway $80/case (2,000 bags per case). If Agway ever ceases to donate these services, the FBDP will pay for these services through fundraising activities. – Actual cost to Town - $0 Porta John - $3,000/year (non-Pandemic pricing). Note: These services are $9,000/year with daily Bio-spray; however, these additional costs are covered with Federal Grant monies. The FBDP are currently in consultation with Nauset Disposal concerning these services being donated; however, should they not be donated, it is the intent of the FBDP to cover these services through fundraising activities. Actual cost to Town = $0. Maintenance for Moving Parts - $1,000 – projected cost to Town or FBDP o $1,000 (2021); o $1,500 (2022); o $2,000 (2023); o $2,500 (2024); and o $3,000 (2025). Note: As the Dog Park ages, the maintenance the figure will be increased 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 $460,000, Brewster could receive grants of up to $23,000 at 12, 18, and 24-month intervals, after construction. It is also anticipated that the FBDP will also offset future town maintenance costs. At the 5-year mark, there may be additional costs such as: Fence repairs; Replenishment of rice stone surface; Replenishment of engineered wood chips. Although these 5-year costs are not known, and the Town maintains all other parks in the Town of Brewster in all aspects, it is intention of the FBDP to pay for these services through fundraising activities, so that the dog park is as self-sustaining as possible, and not a burden on taxpayers. 4/27/21 (FINAL) 12 Town of Brewster Costs: Brewster Department of Public Works (DPW) Construction Costs: o As part of the construction, DPW will provide on-hand curbing and on-hand boulders with a loader and dump truck. These labor costs are estimated to be $800/day x 7 days =$5,600 (Boulders and Curbing). o DPW Director will also have time spent on general project oversight. Post Construction Maintenance: o Weekly maintenance (Monday and Friday mornings). Two-person crew for 4 hours per week. $200 per week or $10,400/year. For comparison, the DPW mows the grass at Drummer Boy Park each week with a crew of three (3) for four (4) hours at a cost of $24,000/year. o Service calls (5-6 times per year @ 4 man hours each visit or $1,000 - $1,200/year) Brewster Water Department (BWD): Construction Costs: As part of the construction, the Brewster Water Department will bring water to the site and install irrigation system. o Materials - $6,200 o Labor and Equipment - $5,760 o Tapping fees of $5,333 are typically charged; however, are not applicable with this Town Project. Post Construction Maintenance: o Water usage – The Brewster Water Department does not currently charge any Town Departments for their water use. The Dog Park will be no different. Although expected to be a minimal cost, the water fountain use and sprinkler use will be somewhat difficult to estimate and originate from Town owned wells. The sprinkler system is to maintain cleanliness of the park, absent rain and not is not being used as an irrigation system to maintain turf, much like what is done at other Town turfed fields. These costs are undetermined at this time inasmuch as other Town owned recreation facilities using substantially more water, are not quantified. o Yearly maintenance (winterization and Spring turn on) will be covered through DPW existing appropriations as part of the town-wide irrigation maintenance appropriation, which may be supplemented with in-kind assistance from the Golf Department. 4/27/21 (FINAL) 13 APPENDICES Appendix 1: Rendering of Brewster Dog Park 4/27/21 (FINAL) 14 Appendix 2: Dog Park Rules DRAFT BREWSTER DOG PARK RULES and POLICIES 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. 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. 4/27/21 (FINAL) 15 Appendix 3: Nauset Disposal Commitment 4/27/21 (FINAL) 16 Appendix 4: Agway of Cape Cod Commitment 4/27/21 (FINAL) 17 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." 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 4/27/21 (FINAL) 18 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, 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 4/27/21 (FINAL) 19 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. 4/27/21 (FINAL) 20 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 Page 1 of 4 MEMORANDUM OF UNDERSTANDING This is a Memorandum of Understanding ("MOU"), effective May 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 501(c)(3) corporation with a principal office at 65 Harmony Lane, Brewster, MA 02631. 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 are under the care, custody, and control of the Select Board, are comprised of approximately 41.28 acres, and are 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." 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, for helping to secure sufficient grant and Town funding, 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 that is 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 raise and administer funds received for the establishment of, maintenance of, and improvements to the off-leash dog parks in the Town of Brewster. General Terms and Conditions The FBDP agrees to the following: Manage day-to-day operations of the Dog Park with appropriate Town involvement and oversight, utilizing volunteer Stewards to monitor the Dog Park on a daily basis. Involvement of community members is intended to increase acceptance of the Dog Park and help minimize problems; Page 2 of 4 Assist in maintaining the Dog Park area by helping to keep the site clean and free of dog waste and by stocking dog waste dispensers; Share in the overall daily maintenance of the Dog Park in coordination with Town Departments as follows: o Spray / hose down equipment, furnishings, trash receptacles (FBDP / DPW) o Inspect fence for damage (FBDP / DPW) o Inspect gates and locking mechanisms (FBDP / DPW) o Inspect equipment and amenities (FBDP / DPW) o Inspect and test water fountains to ensure they are operating properly (FBDP/ DPW / BWD) Provide appropriate educational instruction and stewardship at the Dog Park in coordination with the Animal Control Officer; Provide dog waste bags through in-kind donation or direct payment to the vendor at no cost to the Town; Provide waste removal services through in-kind donation or direct payment to the vendor at no cost to the Town; Provide seasonal portable restroom facilities, including service and scheduling as directed by the Town and consistent with other Town facilities, through in-kind donations or direct payment to vendor at no cost to the Town; Pledge a minimum initial monetary contribution of fifty thousand dollars ($50,000.00) to purchase all add alternates listed in the Town’s bid documents dated February 2021; Shall thereafter actively conduct fundraising activities to ensure sufficient funds are available to supplant any reduction or elimination of in-kind donations originally secured and/or to maximize FBDP’s ability to contribute to future capital costs associated with continued investment in the Dog Park facility; 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, including without limit, rules regulating the hours of operation of the Dog Park; 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. Page 3 of 4 The Town of Brewster agrees to the following: Cause the construction of the Brewster Dog Park in a manner consistent with the January 16, 2019 Site Plan prepared by Berkshire Design Group, Inc, 4 Allen Place, Northhampton, MA 01060 and all associated bid and contract documents, provided that Community Preservation Act appropriations for the Brewster Dog Park are approved by Brewster Town Meeting. The Town will be responsible for all contract administration and general project oversight; 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. Provide snow removal from the driveway leading to the Dog Park and the associated parking area. The Town will make best efforts to use dog friendly snow melt products in the Dog Park area; Provide leaf removal from the Dog Park area equivalent to the services provided in other Town parks; Provide basic landscaping services such as weeding, filling holes, etc., with assistance from FBDP as appropriate and necessary; Repair or replace, or oversee such repair or replacement of, appurtenances, structures, or fixtures as appropriate and necessary; Grant FBDP access to the Dog Park area for the purpose of exercising its rights and performing its obligations hereunder; Coordinate with FBDP in planning for any capital purchases or site improvements. Preparation and submission of grant applications, Community Preservation Act applications, or other such similar activities shall require the prior written approval of the Select Board or its designee. Installation of any structure, fixture or appurtenance shall require the prior written approval of the Select Board or its designee; Promulgate and enforce rules and regulations regarding Dog Park operations, and secure all necessary and applicable permitting approvals for signage outlining such rules and regulations; Institute changes to applicable Town policies and/or by-laws as necessary to support an off-leash Dog Park facility; Assign the Town Administrator or designee to serve as a liaison between the FBDP and Select Board; In the event the Town determines that the Dog Park area is no longer available for such use, the Town will work with FBDP to locate an alternative site and, if an alternative site is secured, will provide assistance relocating all appurtenances, structures, and fixtures from the Dog Park area to such alternative site; Page 4 of 4 Reserve 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 as necessary; •Allow the FBDP to utilize the licensed Brewster Dog Park Logo. Termination This MOU may be terminated by either party without cause upon sixty (60) days prior written notice. Best efforts will be made by both parties to provide greater advance notice should such termination be effected. 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, Chair Carmen S. Scherzo, DVM, President ______________________________ ______________________________ Ben DeRuyter, Vice Chair Date ______________________________ Edward Chatelain ______________________________ David Whitney ______________________________ Cynthia Bingham ______________________________ Date Town of Brewster Financial Policies SHORT-TERM RENTAL REVENUES PURPOSE To help the Town allocate this significant new funding source in a manner that it is fiscally prudent, financially sustainable, and consistent with the Town’s strategic policies, programs, services, and assets. Avoiding reliance on this funding source as a key element in developing or balancing the Town’s annual operating budget is a prudent practice. Investment of these funds in building capital reserves and creating a reliable, dedicating funding stream to support the Town’s affordable housing initiatives creates substantial investment in areas that are otherwise challenging to fund given budgetary constraints and other pressing operational and capital needs. This policy is consistent with the Town’s Financial Reserves policy regarding our commitment to building our capacity to fund major capital projects by growing our Capital Stabilization fund. APPLICABILITY This policy pertains to the annual operating and capital decision-making duties of the Select Board, Town Administrator, Finance Committee, and Affordable Housing Trust. It also applies to the related job duties of the Finance Director and Treasurer Collector. POLICY A. Revenues The Town has been particularly conservative in estimating short-term rental revenues since their inception for the following reasons: Imposition and collection of this surcharge is still relatively new (FY20); Specific short-term rental revenue data from MA Department of Revenue is new (FY21); Town does not regulate short-term rentals, leading to uncertainty regarding our local revenue collection rates; Entire lodging industry has been impacted by the pandemic. The Town is committed to continuing to conservatively project anticipated short-term rental revenues, but plans to more closely align our budget to actual figures over the next several years as we have access to more and better data. During this transition period, the Town’s certified Free Cash totals may be higher than historical actuals due to our conservative practices in this area. Even after this initial transition period, the Town will continue to be conservative in our short-term rental revenue estimates since this industry can be significantly impacted by external market and economic factors outside of the Town’s control and it is not currently regulated at the local level. B. Expenditures The Town is committed to establishing a permanent funding mechanism to support the Affordable Housing Trust and to investing in building its capital reserves. As such, the Town will allocate future fiscal year short-term rental revenues according to the following guidelines: 50% to the Affordable Housing Trust; 25+% to Capital Stabilization, until and unless that reserve fund balance totals 10% of the Town’s total General Fund annual operating budget amount, consistent with our Financial Reserves policy; Priority one-time capital projects/acquisitions, including those related to wastewater and water quality; No more than 10% to other targeted investments in our operating budget that advance goals identified in the Select Board’s Strategic Plan, preferably those that relate to the revenue source. Appropriations for such purposes shall be included in the Town’s annual operating budget such that our recommended expenditures in a given fiscal year align with projected short-term rental revenues for that year. During the transition period where projected short-term rental revenues may lag behind actuals, the Town may consider Free Cash appropriations consistent w ith these expenditure guidelines. EFFECTIVE DATE This policy was adopted on May 3, 2021. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Short-Term Rental Revenue Background & Policy Considerations DATE: April 15, 2021 Following up on our initial discussion on this topic held shortly before the pandemic, we are seeking your feedback one final time in order to develop a formal financial policy regarding allocation of short-term rental (STR) revenues. Here are salient points for your consideration: Establishing a permanent funding mechanism for the Affordable Housing Trust (AHT) remains a priority goal in the FY21-22 Select Board Strategic Plan Our initial FY21 budget conservatively estimated $250k in STR revenues and planned to appropriate $150k to the AHT and $150k to Capital Stabilization Our final revised FY21 budget projected just $100k in STR revenues based on the uncertainty posed by the pandemic and appropriated $200k to General Stabilization Town Meeting voted to appropriate another $1M in Free Cash to General Stabilization in September 2020 Based on favorable economic indicators, the Select Board voted to appropriate $500k to Capital Stabilization and $250k to the AHT from General Stabilization in March 2021 Brewster has historically collected $1.1-1.2M in revenues from traditional lodging taxes (FY14-19) In FY20, Brewster collected a total of $1.5M in revenues from traditional lodging and STRs (the first year a surcharge was imposed on STRs) Starting in FY21, the MA Department of Revenue separately accounted for STR revenues from traditional lodging tax collections According to state records, Brewster has collected $916k in STR and $946k in traditional lodging revenues through the first 3 quarters in FY21 We typically collect $60-70k in traditional lodging revenues in Q4 (March-May), bringing our estimated total FY21 traditional lodging receipts to just over $1M (exactly in line with our budget projection); we expect similar actual annual STR totals, which will serve to considerably boost our FY21 certified Free Cash total (+~$900k) Office of: Select Board Town Administrator According to regional data, the traditional lodging industry was down 15-20% in Summer 2020 Our FY22 budget conservatively estimates $1.1M in traditional lodging and $500k in STR revenues and, consistent with our earlier policy discussion, appropriates $250k to AHT and $225k to Capital Stabilization In terms of developing and adopting a formal financial policy to address this issue, we propose the following elements for your consideration: Allocate 50% of projected STR revenues to AHT Allocate the 50% balance of STR revenues as follows: o At least 25% to Capital Stabilization (until that reserve fund balance totals 10% of the Town’s total General Fund annual operating budget amount, consistent with our Financial Reserves policy) o Priority one-time capital projects/acquisitions o No more than 10% to targeted investments in our operating budget that advance goals identified in the Select Board’s Strategic Plan, preferably those that relate to the revenue source (eg1. inspectional service staff if the Town were to locally regulate short-term rentals; eg2. tourism/ communication staff/initiatives) Our STR revenue assumptions to date have been very conservative for these reasons: 1.Imposition and collection of this surcharge is still relatively new (FY21 was the first year the state would allow municipalities to project any STR revenue in their budget) 2.STR revenue data from the state is new (it was aggregated with traditional lodging in FY20) 3.Town does not regulate STRs (uncertain revenue collection rates) 4.Entire lodging industry was impacted by the pandemic (traditional more than STRs but we had no baseline STR data) We plan to increase our STR revenue estimates in future fiscal years to more closely align with actuals. In the meantime, our certified Free Cash totals may be higher than they have been historically (recognizing that FY20 was an outlier given the timing of our Annual Town Meeting and certification of Free Cash). Accordingly, in the next few years, we may choose to seek Town Meeting’s approval to appropriate some portion of these increased Free Cash funds to AHT, Capital Stabilization, and/or our Capital Plan to bolster our near term commitments to those initiatives. I look forward to our discussion and your feedback on this important policy matter. FYI ITEMS (MAIL) May 3, 2021 1.ZBA abutter notification; Byfield Cartway 2.Planning Board abutter notification; Ocean Edge Resort 3.Letter from resident; Maddocks 4.Letter from Homeless Prevention Council 5.Cape Cod Regional Transportation Administrator’s Report 6.Community Blood Drive Notice 7.Cemetery Commission letter to contractors 8.MA DPU Request for Comment; public engagement 9.MA DOT Notice of Tree Work 10.MA DOT Notice of Drainage Work 11.Waste Water Infrastructure Letter re; use of Federal Funds Administrator’s Report April 28, 2021 Major Human Service Transportation (HST) Changes – Effective July 1, 2021 Effective July 1, 2021, the Executive Office of Health and Human Services is implementing major changes to the Human Services Transportation (HST) program, which includes the consolidation of nine (9) HST regions managed by six (6) RTA brokers to three (3) HST regions managed by two (2) RTA brokers. Under this consolidation plan, the CCRTA is eliminated as a principle HST broker and will operate as a sub-broker of the Greater Attleboro-Taunton Regional Transit Authority (GATRA) or possibly excluded entirely from providing HST brokerage services. There is significant opposition to this HST program change by a wide-range of consumer groups and legislators, including significant concerns expressed by seventy-seven (77) Legislators regarding the consequential changes to the delivery of the Human Service Transportation (HST) programs and the impact this will have on the consumers served by the HST. Legislation requiring a 2-year moratorium on this major HST program modification was filed by Representative Peake and Chairman Straus under the strong conviction that this monumental and unnecessary HST region and broker consolidation in the midst of a slowly improving pandemic can only result in unintentional, but real harm to many of the thousands of disadvantaged and needy consumers served by the HST program. I will be sure to keep the Advisory Board members updated as additional movement on this occurs, particularly given that the HST budget represent $7.78 million or 33.5% of the overall CCRTA $23.24 million FY22 budget. Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) & American Rescue Plan Act (ARPA) Federal Transit Administration (FTA) funding is provided to the CCRTA as the Designated Recipient for the Barnstable-MA Urbanized Area (UZA), which includes standard FTA formula funding and additional pandemic related federal stimulus funding. Based on formula driven calculations, CCRTA executes a split agreement with the Greater Attleboro-Taunton Regional Transit Authority (GATRA), whose service area includes a small portion of the Barnstable-MA UZA, which typically allocates over eight percent of the total apportionment to GATRA. In addition, CCRTA provides the Steamship Authority (SSA) and other private transportation providers (Hy-Line; Bay State Cruise, Peter Pan Bus) with passthrough funds, through a Memorandum of Understanding for their NTD reporting efforts which increase FTA funding amounts. Congress enacted federal stimulus funding legislation includes: Coronavirus Aid Relief and Economic Security (CARES) Act; Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA), and most recently the American Recovery Plan Act (ARPA). Funding amounts and authorized uses for the ARPA reflect a substantial funding increase for the Barnstable-MA UZA. A large share of the additional funds provided to the CCRTA under the federal stimulus programs is directly attributable to the revenue enhancement initiative undertaken by the CCRTA in 2015, which aggressively and successfully pursued the approval of Steamship Authority ferry service reporting to the FTA National Transit Database (NTD). As a result of this effort, SSA data reported to the NTD has contributed to increases in FTA funding dating back to federal fiscal year 2018 and is one of the major factors used to determine the CCRTA’s UZA stimulus funding. Without the SSA’s important operating data reported to the NTD, the CCRTA UZA federal stimulus funding would have been reduced under the CARES Act and greatly reduced or eliminated under CRRSAA and ARPA. Increases in federal stimulus funding is intended to address the severe impact that the COVID-19 pandemic has had on transit operations related to increased costs and reduced fare revenues and to provide for critical capital infrastructure needs. In addition to mitigating the direct operational and capital impacts related to COVID-19, the CCRTA is in the midst of developing a 10-Year Strategic plan that involves a rigorous process for the short and long-range identification of the region’s most pressing operating and capital needs and involves close collaboration with MassDOT, MBTA, Administration and Finance, EOHHHS, and the many regional multimodal partners to further inform and guide the highest and best use of the additional CCRTA UZA stimulus funding. The regional focus of the CCRTA’s 10-year Strategic Plan identifies overarching goals that identify investments designed to accomplish the following: 1.Increased ridership through funding outlays designed to improve the customers’ transportation experience and restore the publics’ confidence that it is safe to travel on public transportation. 2.Bolster critically needed transit assistance supporting the diverse needs of our customers, contribute to the improvement of our local economy, and assist local businesses through the provision of a broader umbrella of transit services. 3.Improve the efficiency and cost-effective delivery of transit services through technology enhancements that employ a data driven decision approach to the implementation of transit improvements. 4.Achieve a Zero Carbon Footprint Goal by 2030 through targeted capital investments in EV charging station infrastructure, incremental conversion from fossil fuel vehicles to electric, and further investments in “green building” and solar technology. 5.Reduce future budgetary costs and increase revenues through selective investments in operating and capital budget initiatives. As the CCRTA progresses through this process with its important multimodal partners, I will be sure to keep the Advisory Board Members informed. Favorable Response from FTA on Cape Cod Ferry Reports to NTD In a March 13, 2021 letter from FTA Acting CFO Bruce Robinson, FTA approved CCRTA’s analysis and approved a request to: (1)Extend the provisional designation of the Steamship Authority's Hyannis to Nantucket route as a commuter service for NTD Report Years 2020 and 2021, applying to the Federal Fiscal Year 2022 and 2023 apportionments; (2)Grant provisional designation of Hy-Line’s Hyannis to Nantucket service as commuter service for NTD Report Years 2020 and 2021, applying to the Federal Fiscal Year 2022 and 2023 apportionments; and (3)Grant provisional designation of Hy-Line's Hyannis to Oak Bluffs route as a commuter service for NTD Report Years 2020 and 2021, applying to the Federal Fiscal Year 2022 and 2023 apportionments. This ruling gives greater flexibility to conduct the required survey analysis, in collaboration with the Cape Cod Commission (CCC), at a time that makes sense given the uncertainties and lingering social distance limitations brought on by the COVID-19 pandemic, and ensures greater funding will continue to flow to the region. Congressman Bill Keating MA-9 was instrumental in helping make the case to FTA. Summer Workforce Transportation (Free Vaccination Transportation) I continue to participate in the Cape Cod COVID Response Task Force weekly meetings, providing updates on the current status of the transportation industry. I also help to coordinate and lead our Multi- Modal Transportation Task Force in addressing the evolving transportation challenges on Cape Cod that have arisen due to the pandemic. One challenge that regional leadership and businesses are facing is having adequate summer workforce to meet the massive surge in housing, restaurant, and retail demand that has been highly anticipated for this upcoming summer. There is also a concern that some J-1 and H- 2B Visas will not have the ability to travel to the United States this year. One solution to this problem that has been discussed is to employ some of the laid off workforce from cities such as Boston, New Bedford, and Fall River. To get these workers from these cities to Cape Cod we have organized group meetings with the Cape Cod Chamber of Commerce, neighboring RTA’s, and various members of our multi-modal task force to discuss potential efficient and affordable transportation solutions. We have met multiple times as a group and plan to conduct more meetings until a plan is solidified. In past years, CCRTA has always ensured that we provide education to the individuals with J-1 visas on how to ride our buses. We also ensure that our transportation services adequately allow them to safely and efficiently get to and from their places of work. Members of the CC COVID Response Task Force had also shared that many individuals were having transportation challenges getting to and from vaccination sites affordably and safely, mainly within our older adult population. To help solve this problem we began offering free rides to and from vaccination appointments to all of our riders. Since we began this program we have offered a total of 230 free rides. New Website Development In March, CCRTA released an RFQ to find a reputable company with qualified experience to entirely redevelop our website. As time goes on, our website has increasingly become the most frequented source of information for our riders. It is also a crucial component of our riders’ experience. Due to this, it is extremely important to us to have a modern, simplistic, easy-to-use, technology-enhanced website where our current and future riders can simply access our information and immediately understands the mission of CCRTA. Even though our current website provides our riders with all of the necessary information and is constantly monitored for accuracy, we felt there were opportunities for technological, design, and branding improvements. In preparation for this initiative, we completed a customer survey in early 2021 which asked our riders how they access our information, how they use our website, and what they would like to see in a future site. We found that 65% of our riders surveyed accessed our website through a smartphone which told us that ensuring our future website is mobile-friendly is also incredibly important. 80% of riders also said they would most likely ride our buses more often with a revamped website. Some other important features of our new website include interactive route maps, intuitive trip planners, reenergized CCRTA branding, new photographs and videos, integration with social media accounts, integration with CapeFLYER, and the addition of transit and CCRTA news articles. We received a total of 19 responses to our RFQ and are currently interviewing the 4 proposers that we chose as finalists. Our goal is to have the new website go live by September of this year. SmartDART - On-Demand Service On September 8th, CCRTA launched our new on-demand, app-based service, called SmartDART, as a pilot program within the town of Barnstable. After quickly experiencing rapid growth in ridership and app downloads in conjunction with overwhelmingly positive feedback on the service, we expanded the service to Yarmouth on February 1st. Since SmartDART’s launch, we have amassed over 389 registered users and app downloads and have completed over 2,800 SmartDART trips. We ensure continued monitoring of the app and service for areas in which operational and design improvements can be made. Throughout this time, based upon rider demand data, we have also been able to expand our window of operation by 2 hours from Monday-Friday 7am-5pm to 7am-7pm. We plan to expand SmartDART to the towns of Dennis and Falmouth over this upcoming summer. We are also working on integrating the SmartDART technology with our DART system to take on SmartDART trips during times when DART buses are operating under capacity. We are confident that this integration will allow us to introduce SmartDART to all of Cape Cod by the end of the 2021 calendar. Another benefit of us developing and operating this app, technology, and service in-house is that we will be able to integrate our fixed route bus schedules into the app as well. The goal of this is to promote the fixed route service to a SmartDART user who may not have taken or been aware of the fixed route services in the past. This also helps SmartDART complement and not compete with our fixed route services. This fixed route schedule integration is slated to go live by early May 2021. We have also developed a partnership with the Barnstable COA to assist with some of their transportation challenges as a result of the pandemic. The partnership focuses on developing ways in which older adults can gain easier access to SmartDART services. We have completed and introduced to them an exclusive COA dispatcher portal for their staff, giving them the ability to book SmartDART trips for their older adults. This will also give them the ability to track the whereabouts of the vehicle at all times and the capability of oversight throughout the entirety of all trips. In addition, we have developed an age-friendly, virtual travel training for older adults, many of whom have smart phones and would like to access the service. We have multiple travel training scheduled over the course of the coming months. Barnstable COA also has access to specific funds that will allow the trips to be free to their clients during this pilot phase of the partnership. We are excited and pleased with the ongoing strong partnership with Donna Burns and the folks at Barnstable COA. CapeFLYER The 9th season of the CapeFLYER begins Memorial Day weekend and will be implementing a new schedule for 2021. This will include 2 round trips on Saturdays and Sundays allowing people from the Cape to get to Boston during the day. The announcement will be made once the Army Corps of Engineers gives their final approval. The CapeFLYER’s new schedule also includes an earlier train on Friday evenings arriving in Hyannis at 6:25 p.m. whereas in previous years the arrival wasn’t until after 8 p.m. The CapeFLYER this year will include a brand new café car with Blonde on the Run Catering returning. Food Distribution In early January, we heard from various organizations and officials about the increased need for distribution of food resources on Cape Cod to reach those who lack transportation or who can’t leave their homes. As a result of these food insecurity issues, we partnered with Barnstable County, 3 food pantries, the Veteran’s Outreach Center, and Sandwich Public Schools to pick up food packages and deliver them to the homes of those in need. CCRTA has devoted 1-2 buses and drivers a day to these efforts and has completed over 900 deliveries. We also have worked closely with the Massachusetts Military Support Foundation who we have granted access to using our East parking lot to operate their food drive every Saturday from January to April. Over the course of the program, thousands of food packages were distributed. We are now working closely with Barnstable County leadership and other organizations to figure out potential longer term solutions to these food insecurity challenges. Buzzards Bay Transportation Enhancements As a result of a discretionary grant awarded by MassDOT and a year-long planning effort involving Bourne stakeholders and the community, we were able to launch our enhanced transit services within the village of Buzzards Bay on September 8th. Throughout the early months of the new service, and despite the complications associated with the pandemic, our transit enhancements have shown continued strong ridership. During the months of October and November when our overall fixed route ridership registered a decrease of roughly 41% compared to last year, the Bourne Run’s ridership has only shown a decrease of about 15% compared to last year. As we anticipated, as more and more upper cape residents become aware of the service and the enhancements, our ridership will continue to grow. For instance, throughout the most recent months of March and April, the Bourne Run’s ridership recovery from 2019 has outperformed most of our other routes on a consistent weekly basis. There were even two weeks where the Bourne Run’s ridership had surpassed pre-pandemic levels. We anticipate these numbers to continue growing with the imminent busyness of the summer ahead paired with our increased marketing efforts. As a result of our continued planning efforts and meetings with our Bourne stakeholder group created in early 2020, we have been able to push forward on the initiative to expand commuter rail to Buzzards Bay. Most importantly, MassDOT was able to begin their Bourne Commuter Rail Study during this time. Over the course of the last few months, I have worked closely with the Cape Cod Commission and MassDOT in developing a Bourne Commuter Rail Advisory Group. Two meetings have occurred throughout the fall and winter with 41 Massachusetts and Bourne stakeholders in attendance. I felt both meetings were very productive. The study is now well underway and expected to be completed within the next month when the group will reconvene to discuss next steps. CCRTA Safety Campaign As a result of COVID-19, we continue to deploy many extensive health and safety precautionary measures on our buses and within our facilities to ensure that both our passengers and employees remain protected. In early September, we launched a safety campaign to ensure that our customers were fully aware of the significant safety measures and protocols we have undertaken. In recent months, we have worked to expand these efforts in the hope that our riders and future riders will again feel more comfortable taking public transit. These efforts have contributed to increases in ridership and will be a major contributor to continued growth. As part of our campaign, we created and advertised a CCRTA safety flyer and worked closely with local businesses and our Council on Aging partners to spread our safety messages. We also recently invested and installed CASPR devices in all of our fixed route buses which is a continuous, chemical-free, air and surface disinfectant technology which has a proven 99.6% rate of disinfection against molds and pathogens. This has replaced the very time-consuming, past maintenance procedure of having to use a mold fogger on all fixed route buses on a daily basis. In addition to the ongoing cost-savings we have recognized from daily fogging, these devices also dramatically enhance the frequency at which the buses are cleaned. We are confident that our safety campaign and implemented safety measures has been a major contributor to the steady increase in our ridership at a time when most other transit systems around the state and country continue to show minimal signs of ridership increases. Service Updates and Ridership Trends Like many of our transit colleagues around the country, ridership has suffered due to the effects of the pandemic; however, our recovery efforts have continued to outperform the other agencies across the Commonwealth. Since May, we have provided service at full capacity, ensuring that our riders always have access to a reliable mode of transportation, many of whom are essential workers. Over the last year, we have continued to see ridership steadily grow closer and closer to pre-pandemic levels. After experiencing our lowest ridership in April (18% of 2019), we are now seeing ridership levels at 61% of 2019’s totals. We have now also been able to track ridership in comparison to 2020 levels where we have been operating at a level 280% higher than last year. We are confident that this ridership growth can be attributed to both our proactive safety campaign and increased rider comfortability in taking public transportation that comes with the increasing vaccine adoption. We are expecting this positive trend to continue as more and more of the Cape Cod population gets vaccinated. In June, we will be launching our typical full complement of summer schedules. We have also heard from industry professionals and regional leadership that they are anticipating an extraordinarily busy summer season based on early booking statistics. We believe this will have a dramatically positive effect on our ridership as our trolleys and shuttles cater towards these tourists and our other fixed routes are more commonly utilized by the workforce who is employed to meet this increased visitor demand. Strategic Planning Process CCRTA has received significant new financial resources through several FTA programs designed to ensure the future viability of transportation post-COVID. To ensure that CCRTA is programming this funding in a way that supports out agency’s long-term vision, we have begun a 10 Year Strategic Plan to provide an investment strategy that aligns with our Agency’s values. We have been meeting to better determine a clear vision for the future of transportation on the Cape. We are revising our mission statement to adapt to new initiatives that the agency has championed including leveraging technology and environmental stewardship. As the agency redefines our mission statement, we will back it up with a number of supportive projects that will programmed over the next 10 years. We expect some of these projects to occur quickly such as the revision of our website and ability to provide enhanced communication to our customers and the community. With a quick implementation, this project will have an outsized impact to the public. Other projects, such as the adoption of electric vehicles will occur over a period of years as the agency studies the ability to shift some vehicles to electric powered, charging facilities locations are identified and installed and vehicles are replaced based on their useful life schedule. The total list of projects will provide strategic guidance with short, medium and long term (up to 10 years) implementation factors. Programming these projects over a period of time will provide a building block approach to ensure stable progression on an annualized basis. Hyannis Transformative Development Initiative (TDI) Partnership CCRTA continues to support the Hyannis Transformative Development Initiative by participating in weekly meetings with Hyannis TDI team. Results of the partnership have included a number of grant awards which have been used to push resources to the area supporting local businesses and the Cape Cod economy for supportive programming and area enhancements. Over the course of the next two years, the TDI Partnership will continue to build upon their previous work and embrace a multi-pronged approach to lay the foundation for ongoing investments in housing, provide support for new and existing businesses, enhance arts and culture features, and improve connectivity between key amenities within the district. While the TDI’s primary objective is to advance these priorities, it will also simultaneously work on other important issues as they arise. The purpose of the Hyannis TDI partnership is to identify and implement a number of initiatives that work together to reinforce the economic vitality of East End Main Street to create a thriving year-round neighborhood for businesses and residents. The TDI also provides a valuable sounding board for three concurrent studies occurring in the area. Council on Aging Partnership CCRTA continues to partner with Cape COAs to promote transportation options for Cape area seniors. One way that we support the COAs is by helping to coordinate driver training opportunities between the COAs and MassDOT vendors through our operating company MV. The MARTAP program has begun offering many of its training sessions on line which has been helpful as the number of sessions that a driver can virtually attend increases substantially over those which they can attend in person. There are, however, some components that still require in person attendance. For these sessions, CCRTA is working with MassDOT to bring additional in person sessions to the Cape to help our partners fulfill this requirement. Thursday, May 6th 10 am – 4 pm Brewster Police Department 631 Harwich Rd Amazon gift card for all donors!! *******Appointments are required. To make an appointment, please visit our website listed below. Town of Brewster DEPARTMENT OF PUBLIC WORKS 201 Run Hill Rd. Brewster, MA 02631-1898 Phone: (508) 896-3212 Fax: (508) 896-4540 Green or “Natural” Burial: Information for Excavators - DRAFT Cemetery management, whether private, municipal, or religious, has the right to allow green or natural burial. A “hybrid” cemetery is one that allows both green and conventional burials. Either shovels or machinery can be used to dig a green grave. Check specific cemetery rules for guidance. What is green or natural burial? Green burial is interment without embalming, without vaults, and without grave liners. An un-embalmed body may be wrapped in a shroud and placed right into the ground or laid into a soft wood, wicker, or biodegradable casket. The marker is commonly a flat, locally sourced stone. Considerations in digging a grave for green burial “Depth may vary slightly, but 3.5 feet is optimal in encouraging natural decomposition as well as creating an odor barrier deep enough from the top of the body to the ground surface.” 1 “A general rule is to dig as little as possible to accommodate the dimensions of the coffin or shroud,” 2 typically no larger than 26”W x 80”L x 18”D. “Best practices call for the soil strata to be removed in succession and piled separately, to be returned in reverse order, subsoil to topsoil to surface material.” 3 Decomposition is accomplished largely by microorganisms. Over 90% of the microbial activity is in the upper foot. 4 The soil will initially be mounded on the grave and will settle over time. Integrity of the grave and surrounding area should be taken into consideration as for any burial. “Grave subsidence at 3.5 feet is much less likely to occur than at 5 feet. Soil and moisture are factors, but for the most part, graves can be dug at this depth without fear of collapse. In some soils, cemetery operators choose to lay in temporary plywood supports for the walls that are removed prior to the service. Wide wooden planks set on either edge of the grave provide surer footing for those doing the lowering and will help to prevent the edges from crumbling. When the weather is especially damp, a deeper reservoir dug at one end of the grave will collect excess water, further reinforcing the integrity of the grave.” 5 You might wonder: Are green burials safe? There is no evidence that embalming is needed to protect public health. The Centers for Disease Control has never prescribed embalming as a public health measure. In fact, six states forbid use of embalming in case of infectious disease. 6 Do natural burials contaminate the water table or drinking water? No. Cemeteries are approved by Boards of Health, having taken into consideration the water table. Further, there is Cemetery Commission no better filter than soil, which binds organic compounds making them unable to travel. This is a premise we rely on for our septic systems, which are buried at a similar depth. 7 Is there any problem with graves being disturbed by animals? No. burials at 3.5 feet have a minimum 18 to 24 inch “smell zone” which is sufficient to remove any smell that animals, much less humans, can detect. There have been no reports from any US green burial cemetery of animals trying to dig up graves. 8 Keep in mind that prior to the 1930s, all burials were “natural.” -------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------ References 1 Opening, Closing, and Maintenance of a Green Burial Grave, Green Burial Council, 2015, p.3 2 Ibid 3 Ibid, p. 2 4 The Science Behind Green and Conventional Burial, Green Burial Council, 2016, p. 7 5 Offering Green Burial Options in Your Hybrid Cemetery, Green Burial Council, 2019, p. 17 6 Final Rights: Reclaiming the American Way of Death by Joshua Slocum, Lisa Carlson, 2011, pp. 62-63 7 On the Way to the Green Burial Cemetery: A Guide for Families, Green Burial Council, 2015, p.2 8 The Science Behind Green and Conventional Burial, Green Burial Council, 2016, p. 11 The Commonwealth of Massachusetts —— DEPARTMENT OF PUBLIC UTILITIES NOTICE OF INQUIRY AND REQUEST FOR COMMENTS D.P.U. 21-50 April 16, 2021 Notice of Inquiry by the Department of Public Utilities on its own Motion into procedures for enhancing public awareness of and participation in its proceedings. ____________________________________________________________________________ On April 16, 2021, the Department of Public Utilities (“Department”) issued an Order opening an inquiry into procedural enhancements to our public notice requirements to increase public awareness of and participation in Department proceedings. This investigation was docketed as D.P.U. 21-50. This inquiry will seek to, among other things: (1) identify additional platforms and/or locations where public notices could be reasonably published to reach affected and interested stakeholders and ratepayers; (2) evaluate when and into which language(s) public notices should be translated; and (3) examine when and how interpreters should be used at public hearings. The Department invites all interested persons to submit written comments on this matter not later than the close of business (5:00 p.m.) on Friday, June 14, 2021. The Department encourages interested persons to present consensus positions and submit comments jointly, when possible. The Department will determine the appropriate next steps for this proceeding after reviewing the initial comments. At this time, all documents will be submitted only in electronic format in recognition of the difficulty that parties and the Department may have filing and receiving original copies. On March 10, 2020, Governor Baker issued a state of emergency related to COVID-19 for the entire Commonwealth. Ordinarily, all parties would follow Sections B.1 and B.4 of the Department’s Standard Ground Rules (D.P.U. 15-184-A, App. 1 (March 4, 2020)); however, until further notice, parties must retain the original paper version, and the Department will later determine when the paper version must be filed with the Department Secretary. Importantly, all large files submitted must be broken down into electronic files that do not exceed 20 MB. All documents should be submitted to the Department in PDF format by e-mail attachment to dpu.efiling@mass.gov and Scott.Seigal@mass.gov. The text of the e-mail must specify: (1) the docket number of the proceeding (D.P.U. 21-50); (2) the name of the person or company submitting the filing; and (3) a brief descriptive title of the document. All documents D.P.U. 21-50 Page 2 submitted in electronic format will be posted on the Department’s website as soon as practicable at http://www.mass.gov/dpu. The e-mail must also include the name, title, and telephone number of a person to contact in the event of questions about the filing. To the extent a person or entity wishes to submit comments in accordance with this Notice, electronic submission, as detailed above, is sufficient. To request materials in accessible formats (Braille, large print, electronic files, audio format), contact the Department’s ADA Coordinator at DPUADACoordinator@state.ma.us. All documents submitted to the Department and/or issued by the Department will be available on the Department’s website as soon as is practicable at https://eeaonline.eea.state.ma.us/DPU/Fileroom/dockets/bynumber (enter “21-50”). A paper copy of the Department’s Order will not be available for public viewing at the Department’s office due to the state of emergency. For further information regarding this Notice, please contact Scott Seigal, Hearing Officer, Department of Public Utilities, at Scott.Seigal@mass.gov. This is an important notice. Please have it translated. Este é um aviso importante. Quiera mandá-lo traduzir. Este es un aviso importante. Sirvase mandarlo traducir. Avis important. Veuillez traduire immediatement. Questa è un’informazione importante, si prega di tradurla. Это очень важное сообщение. Пожалуйста, попросите чтобы вам его перевели. Đây là một thông báo quan trọng. Xin vui lòng dịch thông báo này. 此为重要通知。请加以翻译. PLEASE NOTE ***Drivers who are traveling through the affected areas should expect delays, reduce speed, and use caution. All scheduled work is weather dependent and/or may be impacted due to an emergency situation. For additional traveler information, please visit MassDOT’s Travel Information Service at mass511.com Created: 11/1/17 District 5 Municipality Work Notification Form MassDOT will be conducting work in your community in the near future. The following project information is being forwarded for distribution to appropriate Municipal Departments. For questions, please contact the District 5 Construction Office at 508-884-4281. Resident Engineer cell phone numbers are for the use of Municipal Officials only, and should not be distributed to the general public. Please direct all public questions and complaints to the District 5 Construction Office. Project Location (City/Town): Brewster Estimated Start Date of Work: 5/3/21 Project Type: Scheduled and Emergency Tree Trimming, Removal and Sight Distance Clearing, Resident Engineer: Malcolm Lavalley (508) 258-5865 Description of Work: 8’ Vegetation cutback on Rt.6A in Brewster behind guardrail and as needed Contractor: North-Eastern Tree Services, Inc Project Manager Chris Dion, (617) 699-5180 Hours of Operation (Day/Night): 700AM – 3:30PM, Monday to Friday Description of Traffic Management: Shoulder and single lane closures managed by police details Estimated Duration of Work: 20 day Additional Information: N/A 1 Donna Kalinick From:Fielding, Daniel (DOT) <daniel.fielding2@state.ma.us> Sent:Friday, April 16, 2021 2:55 PM Subject:Fwd: MassDOT Advisory: Stormwater Improvements and Related Work along Sections of Routes 6 and 28 in Brewster and Orleans For Immediate Release April 16, 2021 MassDOT Advisory: Brewster and Orleans Stormwater Improvements and Related Work along Sections of Routes 6 and 28 Work will begin on Tuesday, April 20, and is scheduled to continue through April 2022 Work will be conducted weekdays during daytime hours from 7:00 a.m. to 3:30 p.m. BREWSTER AND ORLEANS - The Massachusetts Department of Transportation (MassDOT) is announcing that it will be conducting stormwater improvement operations and related work along sections of Route 6 and Route 28 in Brewster and Orleans. The work will begin on Tuesday, April 2 20, and is scheduled to continue through April 2022. The work will be conducted weekdays during daytime hours from 7:00 a.m. to 3:30 p.m. The work will include the construction of eight stormwater structures, the installation of drainage pipe and drainage structures, and modifications to the existing drainage structures. The operations may require lane restrictions and/ or alternating one-way traffic. Traffic management will consist of standard temporary traffic control utilizing police details. Drivers who are traveling through the affected areas should expect delays, reduce speed, and use caution. All scheduled work is weather dependent and/or may be impacted due to an emergency situation. For information on traffic conditions travelers are encouraged to: Dial 511 before heading out onto the roadways and select a route to hear real-time conditions. Visit www.mass511.com, a website which provides real-time traffic and incident advisory information, access to traffic cameras, and allows users to subscribe to text and email alerts for traffic conditions. Follow MassDOT on Twitter @MassDOT to receive regular updates on road and traffic conditions. Download MassDOT’s GoTime mobile app and view real-time traffic conditions before setting out on the road. ###