HomeMy Public PortalAboutSelect Board -- 2021-05-03 Minutes a yya, fyi,
Office of:
Town of Brewster Select Board
+� 2198 Main Street Town Administrator
Brewster, MA 02631- 1898
_ Phone: (508) 896-3701
Fax: (508) 896-8089
16
�����H111N1111111�\\N\�
i
MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES
DATE ; May 3, 2021
TIME : 5 : 30 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
ABSENT ;
Call to Order & Declaration of a Quorum . Meeting Participation Statement and Recording Statement
Chair Chaffee called the meeting to order at 5 ; 30pm , conducted a roll call vote of attendance, declared a
quorum present, and read the meeting participation and recording statements .
Executive Session
Chair Chaffee stated that the Board would be going into executive session 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 , and to conduct strategy sessions In preparation with nonunion personnel or to conduct
collective bargaining sessions or contract negotiations with nonunion personnel, Personnel & Police
Personnel bylaw and Police • Chief & Town Administrator and would be returning to open session .
Selectperson Bingham moved to go into Executive Session at 532pm , Selectperson Whitney second . A roll
call vote was taken . Selectperson Whitney-yes, Selectperson Bingham -yes, Selectperson deRuyter-yes, a
Selectperson Chatelain . The Board vote was 4-yes, 0 - No ,
Public Announcements and Comment : Members of the public may address the Select Board on matters not on the
meeting's agenda for a maximum 3mS minutes at the Chair's discretion . Under the oven Meeting Law. the Select Board is unable
to reply but may add items presented to a future agenda .
No discussion P
Review and Vote on Employment Agreement with Police Chief
Peter Lombardi addressed the Board . Chief Eldredge' s contract is set to. expire June 30th, so this is a new 3 -
year employment agreement between the Chief and the Town . His base salary for FY22 would be $ 160, 000
and a handful of relatively minor changes were made to his existing contract which do not have material
www . brewster- ma . gov
BoS 05-03 -2021
Page 1 of 7
}
DOC ID ; cf6f66eedd9097797e330c242a04106bb2b1cab0
s
�9t F9 Town of Brewster Office of:
O o� Select Board
3
•�+ 2198 Main Street Town Administrator
o Brewster, MA 02631 - 1898
r �► Phone: (508) 896 -3701
q Fax: (508) 896 -8089
y i/ "fPFlat
�Inllll 1\N\� �
hY1lNillllllU
I
impact on compensation or otherwise , Selectperson deRuyter wanted to thank Chief Eldredge and said how
grateful the Town is for his hard work and excellent Job, especially in such a tough year.
Selectperson Bingham . moved the contract 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 .
Review and Vote on Fiscal Year 2022-2023 'Police Union Collective Bargaining Agreements- NEPBA Local 78
and MassCOP Local 332 Chair Chaffee recused herself from this agenda item . Peter Lombardi explained that
the Police Department is now represented by two separate union contracts , they used to work under one .
union . In FY21, we put a one -year contract in place during the pandemic, and while the Compensation and
Classification study was being done . Both police bargaining units have voted to ratify these new contract
agreements , Both will receive a 2 % COLA in FY22 and 2 . 75% in FY23 . Vice Chair deRuyter noted that the FY21
COLA was . 1% .• Vice Chair deRuyter thanked the Police Department for their efforts during such a tumultuous
year .
Selectperson Bingham moved the NEPBA Local 78 Agreement , Selectperson Whitney second .
A roll call vote was taken , Selectperson Whitney" es , Selectperson Bingham -yes, Vice Chair deRuyter-yes,
Selectperson Chatelain -yes , The Board vote was 4-yes, 0- No ,
Selectperson Bingham moved the MassCOP Local 332. Agreement , Selectperson Whitney second . A roll call
vote was taken . Selectperson Whitney-yes, Selectperson Bingham -yes, Vice Chair deRuyter-yes, Selectperson
Chatelain -yes . The Board vote was 4-yes, 0- No ,
Select Board Announcements and Liaison Reports
Select person Bingham noted the Blood Drive at the Police Station from 10- 2 which is in the FYI packet ,
Town Administrator' s Report
Peter Lombardi said front and center is the Governor' s announcement on further re- opening , Step 2 of Phase
IV will commence on May 1b1h with further reductions on certain industries on Saturday, May 29th, Memorial
Day Weekend , At the same time, they will increase event limits to 200 inside, and 250 outside , This has a big
Impact on the hospitality and event venues on Cape . The State has set a tentative date of August 15t to lift
most if not all restrictions, though - it is likely the Indoor mask order will remain . The Governor did ease
outdoor mask guidelines for unstructured outdoor activities . Outdoor events still require a mask , The
Brewster Re - Opening Advisory Coalition continues to meet . The Health Department Is working with the
Brewster Whitecaps and the CapesCod Baseball League to develop some detailed protocols . They will have a
reduced schedule and a later start of June 20th . In terms of the vaccine, as of last eek, 75 % of our
residents, 20 years or older have received at least one dose of vaccine . Almost 90% of our senior population
75 + have received the vaccine and 47 % of our residents, 20 or older are fully vaccinated , There is more i
vaccine availability currently . We post announcements on our website for upcoming clinics and a link for
residents to see the local options across the Cape . The State efforts for vaccines will be more targetedand
www. brewster-ma . gov I
BoS 05-03-2021
Page 2 of 7
I
Doc ID ; cf6f66eedd9097797e330c242a04106bb2b1cab0
i
i
i
I
office o :
Town of Brewster
Select O o• •+,* '� Select Board
�t .� •, IG 2198 Main Street Town Administrator
Brewster, MA 02631- 1898
r _ - •e Phone : (508) 896 =3701
p Fax : (508) 896=8089
local in the future, versus mass vaccination sites , Brewster positive case numbers have come down
significantly, last week we had 6 cases , It Is holding steady at that level and Is a good trend In the right
direction . As a result, the State recategorized our town from red to yellow, and we expect to be downgraded
again this week , Peter Lombardi Included the Drummer Boy Park master plan presentation from their public
forum last week; they are seeking feedback now from residents who may not have been able to attend that
session . The Board will get a presentation in June .
Consent Agenda
Approval of Regular Session Meeting Minutes : March 15 , 2o21 and April 5 , 2021
• Request from Friends of Brewster Elders to use Drummer Boy for a Volunteer Grab and Go
Lunch : June 155 , 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
Chair Chaffee suggested we remove the April 51 2021 minutes as they Just received an updated version .
Selectperson Bingham moved to approve the May 31 2021 Consent Agenda . as amended, 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 & Re -vote May 15 , 2021 Article 9 , 6c, Water Department Generator Prosect
Peter Lombardi explained that bids were open and the low bid was $ 578, 000 . Reference checks were done
and came back satisfactory . The design team has recommended carrying a contingency of 17 % so we do not
need to come back for an additional appropriation . We were carrying $ 620, 000 so we 'need to increase this
Item to $ 678, 000 as well, as the Water Capital total . This will be a vote of support with the amended amount,
then it will go to the Town Meeting floor . The Finance Committee will vote this Wednesday as well ,
Selectperson deRuyter moved to support the amended Article 9, Section 6, Item C to the total of $ 678, 000
and then the subsequent edit to the Water Department subtotal and bottom line of Article 9 , 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 . j
Discuss Town Meeting Warrant Article Assignments l
It Is customary for the Board to be assigned articles to present at Town meeting , Draft assignments were
provided , Peter Lombardi 'said we want to make sure everyone is comfortable with the Warrant Article they
www , brewster- ma , gov
BoS 05-0-2021
Page 3 of 7
• I
i
DgcID , cf6f66eedd9097797e33Oc242aO4106bb2bleabO
i
Town of Brewster Office of:
� . ��• 2198 Main Street Select Board j
Town Administrator •
o Brewster, MA 026314898
tr- Phone : (508) 896 -3701 ,
All Fax: ( 508)' 896w8689
. I
i
have been recommended . There will be staff support if any technical questions come up relative to any . i
Warrant Article , There were no questions ,
Status Update on Implementation of Commercial Plastic Bottle Ban & Plastic Bae Ban
Donna Kalinick addressed the Board . The Recycling Commission met last week and had a draft letter for local
businesses to remind people that the Plastic Bag Ban will go into effect on July 1St. At the same time , we
decided to take the opportunity to remind local businesses that the Commercial Plastic Water Single Use Ban
will be going into effect as of September 1, 2021 , The businesses will get a copy of each of those bylaws and
the Recycling Committee will continue their efforts In education and outreach working with the Chamber of
Commerce to make sure we are getting the word out to local businesses about these changes that will affect
them . Chair Chaffee added the Recycling Commission will be crafting a statement to go on the Town website
and town social media so the information about the two policy implementation dates will be widely
disseminated .
Status Update on Approved Brewster Mariivana Establishment : Haven Center
Chris Taloumis was unable to join tonight .' Peter Lombardi gave the update . The site plan review was held in
late 2019 . It is permitted for a marijuana recreational adult use facility. They secured the site plan approval
and have their building permit In hand , The Hast Community Agreement is almost identical to the one we
discussed at our last meeting ; 3 % community Impact fee, a $ 25 , 000 annual community benefit payment to
the Town ' ( apart from the impact fee ) , $ 15, 000 annual payment to a local charity or non - profit, and their
audited financials once they are operational to be submitted to the Town for the first 8 years as well as
providing an annual report and financials to the Select Board , Also, the Town will establish a 53G account,
which ensures they cover their own legal fees . Fees do not go Into effect until they are fully operational . Mr.
Taloumis sent a statement that Mr. Lombardi read . We are waiting on MA DOT to approve the curb cut, we a
cannot move forward with the site work until they get approval from MA DOT, They may need to go back to
Planning Board for an amended approval , They had removed one curb cut to gain parking, but they are not
sure that is necessary now . They are frustrated that other facilities can open without "appointment only"
status , Interior work Is ongoing and moving forward . They look forward to opening . Peter Lombardi offered
to reach out to MA DOT as well as asked for some support from the local legislation and MA DOT is now
responding and the process seems to be moving forward . The other comments regarding the by
appointment would require them to go back to the Planning Board for modifications , Selectperson deRuyter
asked if the " by appointment only" operating model was a permanent measure , Peter Lombardi said that he
thought it was just for the first year and then it will be revisited by the Planning Board, but it is required
during the first summer season . Chair Chaffee asked about the 3 % community impact fee which is a
reimbursement for costs the Town incurs related to operations , Peter Lombardi said those are in the statute
itself, and not Included In the host community agreements ,
www . brewster-ma , gov
BoS 05 -03-2021
Page 4 of 7 a
DOC ID ; cf6f66eedd9097797e330c242a04106bb2b1cab0
Town of Brewster of:
O ••' •+.* � Select Board
2198 Main Street Town Administrator
It
It Brewster, MA 02631- 1898
r 0 Phone : (508) 896 =3701
Fax: (508) 896-8089
44if)Ito I IsI
i
Review Dog Park Operations & Maintenance ( OM ) Plan & Discuss and Vote on Proposed Memorandum of
Understanding NOW with Friends of Brewster Doe Park
Peter Lombardi said this has been ongoing ,for over a year, both the OM and MOU . Last Tuesday, the Dog
Park Development Committee voted to approve the OM plan , and it was posted on the website . All the
commitments ( in kind , volunteers, and financial donations ) needed to be codifled . in the MOU , It follows a
model around the Falmouth Dog Park, but there were multiple Iterations . This MOU reflects the exact.
conditions : $ 50, 000 pledge for the add ,alternates of the bid , donations for trash pick up, mutt mitts and
porta - potties , If those donations leave, the Friends of Brewster Dog Park ( FOBDP ) will pay for those services .
There is a lot of detail relative to operations , what the Town role is and what the FOBDP roles are . The
FOBDP will be active with a daily presence at the park . DPW will still have a role and a schedule for
maintenance . Selectperson Bingham said this has been a really long process, about 12 years, and wanted to
offer thanks to everyone for their stellar work .
Chair Chaffee proposed a few amendments to the MOU - i
• page 1, paragraph 4- delete first class and. insert, a well -designed and maintained, no fee dog park
• Bottom of page 1, terms & conditions, delete agrees to "the following"
• Page 2 , middle, pledge of $ 50, 000, to purchase all add alternates ? Yes, that is correct terminology
• Page 3, delete "the following"
• Northampton spelled wrong
• Page 4, delete the bullet — "allow the FBDP to utilize the licensed the Brewster Dog Park logo" — they
will need to license it themselves
• Reinsert a bullet that Signage will be approved by the Select Board or their designee
Selectperson Bingham mentioned on the OM plan there is a typo - bag not bad •
Selectperson Chatelain - asked if the MOU call out that this only goes into effect as of the creation of the Dog
Park , Peter Lombardi said it does not say that anywhere In the MOU ,
Allian Douglas for public comment, asked if the rules of the park are created by a private entity . She said the
OM addresses. a lot of her concerns regarding capital , however, she wanted to know what the Board ' s
authority is going forward . Peter Lombardi said that on page ' 3 of the MOU , it says, the Town shall
promulgate and enforce rules and regulations regarding dog park operations and secure approvals for
signage , Enforcement is in the town ' s jurisdiction , not the FOBDP . Included in the OM plan is a set of draft
rules and regulations; the Select Board will take those up and will be the ones to adopt those regulations .
Selectperson Bingham moved to approve the MOU contingent on FOBDP accepting the draft as proposed
tonight and approval and appropriation of the dog park at Town Meeting , 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 .
www . brewster-ma , gov
BoS 05-03-2021
Page 5 of 7
i
I
DOC ID ; cf6f66eedd9097797e330c242a04106bb2blcab0
a
Town of Brewster 1C0
0 + o� •+•+ 9 Select Board I ',
3 �t� �� 2198 Main Street Town Administrator
Brewster, MA 02631 - 1898
W Phone : ( 508) 896 -3701
Fax: (508) 896-8089
Ell l�
Review and Vote on Proposed . Short•Term Rental (STR ) Revenue Allocation Policy ( Select Board FY21- FY22
Strategic Plan Goals G -3 & H -1
Chair Chaffee recused herself from this item . Vice Chair deRuyter said this Is to review the policy that was
crafted after our last meeting discussion about STR , Peter Lombardi said the policy has been structured in
the same format that our other financial policies are crafted regarding the Department of Revenue ( DOR )
report . We have been conservative about estimating the STR revenues . We will evaluate over the next few
years to get forecasted closer to actuals once we have better data . Our Free Cash totals may be higher in the
meantime . We may make allocations in line with this policy from Free Cash - 50 % of estimated revenues to
the Affordable Housing Trust, 25 % or more to Capital Stabilization until it reaches 10% or $4 . 5M, a one -time
large capital projects or acquisitions, such as water quality issues, and 10% for budget items related to
Strategic Planning . These allocations will be made via the budget and approved by Town Meeting, not special
fund allocations . Vice Chair deRuyter said the goal of this Board for the 'last three years has been to find a
permanent funding stream for the Affordable Housing Trust . He thinks this is an exceptional use of this new
revenue .
Selectperson Bingham moved to accept the Short-Term Rental Policy as presented . Selectperson Whitney
second , A roll call vote was taken . Selectperson Whitney-yes, Selectperson Bingham -yes , Vice Chair
deRuyter-yes, Selectperson Chatelain -yes . The Board vote was 4-yes, 0- No .
For Your Information
None
Matters Not Reasonably Anticipated by the Chair
None
Questions from the Media
Rich Eldred from the Cape Codder asked what the time frame is for construction of the Dog Park . Peter
Lombardi said the contractor has been given a Notice of Award subject to appropriation . Once Town Meeting
supports the appropriation , we will then move forward with a Notice to Proceed , which they . have indicated
they are available to start in about a month .
Next Meetings ; May 4, 15, 24 and May 26, 2021
I
Adlournment I
a
Selectperson Bingham moved to go back Into Executive Session at 7 : 16 pm, not to return to open session .
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 .
www . brewster-ma . gov
BoS 05 -03 -2021
Page 6 of 7
{
Doc ID ; cf6f66eedd9097797e330c242a04106bb2bloab0
i
Q �1jY6iOffice of:
9 Town of Brewster Select Board
Ar +' 't, 2198 Main Street Town Administrator
4 Brewster, MA 026314898
r �_ Phone: (508) 896- 3701
Fax : (508) 896-8089
RMAIMl�
• I
Respectfully submitted , Beth Devine
I
Approved ; 6/24/2021 Signed :
Date Selectperson Bingham , Clerk of the Board of Selectman
i
Accompanying Documents In Packet: Agenda, TA Report documents, Consent Items, FYI Packet, tm warrant vote sheet, haven center
Information, bylaws, letter, dog park documents, short term rental policy
I
I
j
I
s
i
i
i'
1
i
www , brewster-ma . gov
BoS 05-03 -2021
Page 7 of 7
Doc ID : cf6f66eedd9097797e330c242a04106bb2b1cab0
I