HomeMy Public PortalAboutSelect Board Meeting Packet - 06.21.2021
Town of Brewster Select Board
2198 Main St., Brewster, MA 02631
townadmin@brewster-ma.gov
(508) 896-3701
AMENDED MEETING AGENDA
Remote Participation Only
June 21, 2021 at 6:00 PM
This meeting will be conducted by remote participation pursuant to Gov. Baker’s March 2020 orders suspending certain Open
Meeting Law provisions and imposing limits on public gatherings. No in-person meeting attendance will be permitted. If the Town is
unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible.
The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-
ma.gov), or Video recording (tv.brewster-ma.gov).
Meetings may be joined by:
1. Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID:890 9291 0526 Passcode: 509224
To request to speak: Press *9 and wait to be recognized.
2. Zoom Webinar: https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09
Passcode: 509224
To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized.
Select Board
Cynthia Bingham
Chair
David Whitney
Vice Chair
Edward Chatelain
Clerk
Mary Chaffee
Kari Hoffmann
Town
Administrator
Peter Lombardi
Assistant Town
Administrators
Susan Broderick
Donna Kalinick
Executive Assistant
Erika Mawn
1. Call to Order
2. Declaration of a Quorum
3. Meeting Participation Statement
4. Recording Statement
5. Public Announcements and Comment: Members of the public may address the 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.
6. Select Board Announcements and Liaison Reports – Juneteenth Proclamation (Pgs. 3-4)
7. Town Administrator’s Report (Pgs. 5-22)
8. Consent Agenda (Pgs. 23-88)
Meeting Minutes: May 15 and May 24, 2021
Special Event Permit: Upper Mill Pond
One-day Entertainment Licenses (13 dates) and Fee Waiver Request: Brewster
Historical Society, 51 Drummer Boy Road
Yard Sale Restriction Waiver: Trinity Lutheran Church, 1883 Main Street
Acceptance of Gift: Memorial Bench at Captain’s Golf Course
Drummer Boy Park Use: Friends of Brewster Dog Park, Antique/Flea Market
(July 6, 20, August 3, 17 and October 12); Brewster Conservation Trust, Brewster
Conservation Day (July 10 & July 16)
Request for Temporary Signs on Town Property (Crosby Landing, Breakwater
and Saints Landing): Brewster Whitecaps
Renewal of Select Board Policy #26 (Hunting at Wing Island)
Letter of support of the Community Preservation Committee application to
update Brewster’s Housing Production Plan
Vote on One-Day Entertainment Licenses & One-Day Liquor Licenses; Chatham
Bars Inn Farm
9. Recognition of Patrick Ellis for his Service as DPW Director
10. Presentation on Recovery Build – Chris Hardy, Behavioral Health Innovators (Pgs. 89-92)
11. 6:30pm - Public Hearing, Renewal of Entertainment Licenses: Brewster Inn, Inc. d/b/a
Woodshed; Brewster VFW Post #9917; Brown Dog Investments, Inc d/b/a Laurino’s
Tavern; Bushwood LLC, d/b/a Harbor Lights Mini Golf; Cape Cod Repertory Theatre;
Friends of Brewster Elders/Brewster Council on Aging; Ocean Edge Resort Limited
Partnership d/b/a Ocean Edge Inn and Conference Center; Ocean Edge Resort Limited
Partnership d/b/a Linx Tavern; Shady Knoll Tent Sites, Inc. d/b/a Shady Knoll
Campground; Sweetwater Forest Inc d/b/a Sweetwater Forest (Pgs. 93-115)
12. 6:40pm - Public Hearing, New Yearly Entertainment License: BandG, LLC d/b/a Apt
Cape Cod, 2149 Main Street (Pgs. 116-119)
Select Board
Cynthia Bingham
Chair
David Whitney
Vice Chair
Edward Chatelain
Clerk
Mary Chaffee
Kari Hoffmann
Town
Administrator
Peter Lombardi
Assistant Town
Administrators
Susan Broderick
Donna Kalinick
Executive Assistant
Erika Mawn
13. Status Update on Finance Team’s Progress Implementing Recommendations from MA
Department of Revenue’s 2019 Report (Select Board FY21-22 Strategic Plan Goal G-3)
(Pgs. 120-198)
14. Vote on Annual Committee Re-appointments (Pgs. 199-202)
15. Annual Select Board Liaison Assignments (Pgs. 203-204)
16. Discuss and Vote on new Comcast Cable License Agreement and Lower Cape Cable
Access Television Agreement (Pgs. 205-276)
17. Discuss Recommended Drummer Boy Park Master Plan Update (Select Board Strategic
Plan Goal OS-1) (Pgs. 277-295)
18. For Your Information (Pgs. 296-321)
19. Matters Not Reasonably Anticipated by the Chair
20. Questions from the Media
21. Next Meetings: June 28, July 12 and July 26, 2021
22. Adjournment
Date Posted: Date Revised: Received by Town Clerk:
06/16/2021 6/17/2021
TOWN OF BREWSTER
Proclamation On The Occasion Of Juneteenth
WHEREAS,Our country is made up of people from every nation on earth, who are declared
equal not only in freedom but also in justice, both of which are essential for a healthy human
civilization; and
WHEREAS, Our nation was conceived on July 4, 1776 with the Declaration of Independence,
the classic statement being: “We hold these truths to be self-evident, that all men are created
equal, that they are endowed by their Creator with certain unalienable Rights, that among
these are Life, Liberty and the pursuit of Happiness ; and
WHEREAS,At 2:00 p.m. on New Year’s Day, January 1, 1863, using his war powers as
President, Abraham Lincoln signed the Emancipation Proclamation, providing that all persons
held as slaves within any State or designated part of a State “shall be then, thenceforward, and
forever free”; and
WHEREAS,The Emancipation Proclamation made the permanent abolition of slavery a Union
war aim and provided the legal framework for the emancipation of nearly all four million slaves
as the Union armies advanced; and
WHEREAS, Hearing of the Proclamation, many slaves escaped to Union lines as the army units
moved south; and
WHEREAS, On June 19, 1865, almost 2 ½ years later, Major General Gordon Granger arrived
in Galveston, Texas, and announced the end of both the Civil War and slavery, with this
announcement: “The people of Texas are informed that, in accordance with a proclamation
from the Executive of the United States, all slaves are free. This involves an absolute equality
of personal rights and rights of property, between former masters and slaves and the
connection heretofore existing between them, becomes that between employer and hired
labor. The Freedmen are advised to remain at their present homes and work for wages. They
are informed that they will not be allowed to collect at military posts; and they will not be
supported in idleness either there or elsewhere”; and
WHEREAS,Texans began the celebration of Juneteenth in 1866, with community events
such as parades, cookouts, prayer gatherings, musical performances and historical cultural
readings; some communities purchased land for Juneteenth celebrations, such as
Emancipation Park in Houston, TX; and as freed families emigrated from Texas to other parts
of the United States, they carried the Juneteenth celebration with them; and
WHEREAS,Al Edwards, a freshman state representative, put forward the bill, H.B. 1016,
in 1979 making Texas the first state to grant this emancipation celebration; and
WHEREAS, On January 1, 1980, Juneteenth became an official Texas state holiday; and
WHEREAS,Since then, 45 other states and the District of Columbia have also declared it an
official holiday; and
WHEREAS, Massachusetts Governor Charlie Baker signed legislation July 24, 2020 that
officially declared June 19 a statewide holiday each year in the Commonwealth; and
WHEREAS, the Brewster Select Board issued public statements in June 2020 and February
2021 pledging our commitment to address issues of diversity, equity, and inclusion in our
community and acknowledging our responsibility to understand and address inequality in all
forms;
NOW, THEREFORE, BE IT KNOWN that we, the Select Board of the Town of Brewster, do
hereby proclaim June 19, 2021 as Juneteenth Independence Day in Brewster, Massachusetts.
_____________________________ _______________________________
Cynthia Bingham, Chair David Whitney, Vice-Chair
_____________________________ ________________________________
Edward Chatelain, Clerk Mary Chaffee
_____________________________
Kari Hoffmann
Signed on this Twenty First Day of June in the Year of
Two Thousand and Twenty-One.
Select Board of the Town of Brewster, Massachusetts
1
Erika Mawn
From:DLS Alerts <dls_alerts@dor.state.ma.us>
Sent:Wednesday, June 16, 2021 2:24 PM
To:Peter Lombardi
Subject:DLS Alert: An Act Relative to Extending Certain COVID-19 Measures Adopted During the State
of Emergency
An Act Relative to Extending Certain COVID-19 Measures
Adopted During the State of Emergency
On June 16th, the Governor signed into law Ch. 20 of the Acts of 2021, extending certain pandemic-
related policy measures including authorizations for remote public meetings, to-go alcohol sales, eviction
protections and more. Click here to view the law.
For additional related information and resources, please see the DLS COVID-19 Resources and Guidance
for Municipal Officials page.
You are receiving this message through the Massachusetts Department of Revenue's Division of Local Services DLS Alerts system.
These periodic notices include our City & Town e-newsletter, IGRs, Bulletins, Cherry Sheets and other municipal finance-related
information. To unsubscribe to DLS Alerts and the City & Town e-newsletter, please email dls_alerts@dor.state.ma.us.
This email was sent to plombardi@brewster-ma.gov
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Massachusetts Department of Revenue - Division of Local Services · 100 Cambridge Street · Boston, MA 02114 · USA
Telephone: (617) 727-3040 * Fax: (617) 727-1510 * www.mass.gov/abcc
Commonwealth of Massachusetts
Alcoholic Beverages Control Commission
95 Fourth Street, Suite 3
Chelsea, Massachusetts 02150
Jean M. Lorizio, Esq.
Chairman
ALCOHOLIC BEVERAGES CONTROL COMMISSION ADVISORY
REGARDING THE EXPANSION OF PATIO SERVICE AND TAKEAWAY/DELIVERY OF
ALCOHOL BY ON-PREMISES LICENSEES
On June 16, 2021, Governor Charlie Baker signed into law An Act relative to extending certain COVID-
19 measures adopted during the state of emergency. The text of the legislation can be found HERE.
This Act permits on-premises licensees to continue with (1) expanded patio service and (2) extends the
ability to sell alcoholic beverages for takeaway and delivery:
Patios/Outdoor Expansions: licensees that have been approved for expanded patio/outdoor
service pursuant to the Governor’s executive orders may continue their outdoor operations until
April 1, 2022.
Licensees that seek to continue patio/outdoor service after April 1, 2022, are encouraged to apply
in the ordinary course for an alteration of premises with their local licensing authorities. Otherwise,
these amended licenses automatically revert to the status prior to the approval of the expansion of
outdoor service as of April 1, 2022.
Takeaway/delivery of alcohol: establishments licensed for on-premises consumption of alcohol
may continue takeaway and delivery sales of alcohol until May 1, 2022. All alcohol sold for
takeaway/delivery must be sold with food and at the same price as alcohol for on-premises
consumption.
As always, all licensees must ensure that they comply with the laws of the Commonwealth of
Massachusetts, and that sales of alcoholic beverages take place only as authorized by federal, state, and
local law. All questions should be directed to the ABCC Executive Director Ralph Sacramone at
rsacramone@tre.state.ma.us or (617) 727-3040 x 731.
(Issued June 16, 2021)
Good Morning All. Please see below.
A combination of vaccination rates (min. 1 dose) above 70% and seasonality has greatly suppressed new case numbers on the Cape
and Islands. We expect this pattern to persist during the summer.
A caveat is the emergence and spread of the Delta variant (which emerged in India) and is causing great concern in Asia and
Europe. This variant appears to be more transmissible than the other Variants of Concern with which we have become familiar over
the past 6 months. This variant is now responsible for 10% of new cases in the US and in MA and this week the CDC designated it as a
"Variant of Concern".
1. New Cases: DPH new cases reported Monday-Wednesday:
Barnstable County: -3 new cases; (DPH has removed 3 cases from the tally)
Martha's Vineyard: 2 new cases;
Nantucket: 0 new cases;
On 5/29/21 the Statewide masking mandate was lifted.
2. Hospitalizations and Fatalities: 3-day avg. hospitalization remains 3.0. 3 patients were in hospital on Saturday, none of which
were in the ICU. There was 1 COVID fatality reported on Friday, and DPH removed one fatality from Barnstable County's tally on
Sunday. CCH and Falmouth Hospital have further expanded visitation, with masking protocols continuing.
Colleagues at CCHC suggest that the current pattern of hospitalizations (med/surg and ICU occupancy) will form a baseline against
which to compare the effects on the unvaccinated population of dropping the state masking mandate on 5/29. ICU and med/surg
patients are now significantly younger than were seen last year at this time.
3. Schools and Childcare Centers: Schools and childcare centers remain subject to the following masking guidance from the DPH:
Schools' Masking Mandates: https://www.mass.gov/info-details/covid-19-mask-requirements#mask-requirements-in-certain-
locations-
Childcare/Early Education Masking Guidance: https://www.mass.gov/service-details/eecs-health-and-safety-guidance-during-
covid-19-recovery-for-child-care-providers
4. Test Positivity Rates (14-day average, as of 6/9/21):
Barnstable County: 0.84% (vs. 1.32%) (lower vs. previous fortnight)
Dukes County: 2.34% (vs. 6.13%) (lower)
Nantucket County: 0.66% (vs. 0.67%) (no change)
Dukes & Nantucket Counties 1.78% (vs. 4.58%) (lower)
A test percent positivity rate below 5% suggests that an outbreak is on the way to containment. A rate below 1% suggests successful
containment.
5. Vaccination Coverage (At least one dose, as of 6/10/21):
Min 1 Dose Min 1 Dose Fully Vaccinated
(All Residents) (Eligible Only, 12+) (All Residents)
Barnstable County: 73% 80% 64%
Dukes County: 89% 101% 79%
Nantucket County: 87% 101% 76%
N.b. Data on the Mashpee Wampanoag tribe regarding their vaccination coverage do not appear to have been fully transmitted to the MA DPH by the Indian
Health Service (IHS). Thus, first-dose coverage of tribal members may be at least double what the DPH is reporting.
Weekly Count of New COVID-19 Infections: March 8, 2020 – June 12, 2021
0
5
10
15
20
25
30
35
40
45
50
55
3/15-3/213/22-3/283/29-4/44/5-4/114/12-4/184/19-4/254/26-5/25/3-5/95/10-5/165/17-5/235/24-5/305/31-6/66/7-6/136/14-6/206/21-6/276/28-7/47/5-7/117/12-7/187/19-7/257/26-8/18/2-8/88/9-8/158/16-8/228/23-8/298/30-9/59/6-9/129/13-9/199/20-9/269/27-10/310/4-10/1010/11-10/1710/18-10/2410/25-10/3111/1-11/711/8-11/1411/15-11/2111/22-11/2811/29-12/512/6-12/1212/13-12/1912/20-12/2612/27-1/21/3-1/91/10-1/161/17-1/231/24-1/301/31-2/62/7-2/132/14-2/202/21-2/272/28-3/63/7-3/133/14-3/203/21-3/273/28-4/34/4-4/104/11-4/174/18-4/244/25-5/15/2-5/85/9-5/155/16-5/225/23-5/295/30-6/56/6-6/125 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
11 13
21
32
21
25
12
6 7
3 3 1 0 1 00
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 0 0 0 0 0 0 0
New Brewster COVID-19 Cases
Resident (453 Total)Long Term Care (110 Total staff & patients)
BREWSTER RESIDENT VACCINATION TOTALS DATA AS OF 6/10/2021
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 12-15 Years 369 4%179 48%2%52 14%1%127 34%15%
Brewster 16-19 Years 367 4%227 62%3%170 46%3%57 16%7%
Brewster 20-29 Years 681 7%499 73%7%432 63%7%67 10%8%
Brewster 30-49 Years 1,444 15%1,166 81%16%1,015 70%16%151 10%18%
Brewster 50-64 Years 2,323 23%1,848 80%26%1,686 73%26%162 7%20%
Brewster 65-74 Years 2,349 24%1,885 80%26%1,749 74%27%136 6%16%
Brewster 75+ Years 1,592 16%1,396 88%19%1,268 80%20%128 8%15%
Brewster Total 9,926 100%7,200 73%100%6,372 64%100%828 8%100%
* = total < 30 individuals
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Brewster School Committee
FROM: Donna J. Kalinick, Assistant Town Administrator for Community
Development & Finance and Procurement Officer
RE: School Planning Study
On May 11, 2021, the Town opened responses to the Request for Proposal (RFP) for
the School Planning Study. One response was received from Habeeb & Associates of
Nowell, MA. A copy of the proposal as well an evaluation form was distributed to Keith
Gauley, Marie Enochty and Casey Mecca. Habeeb & Associates received a composite
score of 33.33 which placed them in the highly advantageous category. Habeeb &
Associates also submitted a copy of the master plan that they prepared for the Town of
Swansea which was given to Mr. Gauley to contact as a reference. There was a total of
14 requests for the RFP. A representative from Habeeb & Associates did attend the walk
through of the schools in April.
After all evaluations were completed, I opened the price proposal in my role as
procurement officer. Habeeb offered a price of $43,100 which is within our budget.
From here, the Schools/Town would enter a contract with Habeeb & Associates.Their
proposed schedule would be to begin work in July with Mr. Gauley being the point
person for the schools. It is very important that the School Committee, school staff and
the Community be engaged in this process and the resultant report.
I will be at your June 17th meeting to answer any questions. Donna
Office of:
Select Board
Town Administrator
Brewster Select Board Meeting of June 21, 2021
Consent Calendar Items
1
8 Consent Agenda
Meeting Minutes: May 15, 2021 and May 24, 2021 Select Board Regular Session Meeting
ADMINISTRATIVE RECOMMENDATION
We recommend the Board approve the meeting minutes of May 15, 2021 and May 24, 2021
as presented
Special Event Permit- 8-person Kayak Fishing Tournament – Upper Mill Pond
The Kayak Fishing League is hosting a catch and release tournament to be held between
5am and 3pm on July 10th with a request to use the boat launch at Upper Mill Pond.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board approve the request which was vetted through Natural
Resources and the Recreation Department.
One-Day Entertainment License; Brewster Historical Society (13 dates through Oct. 10th)-
51 Drummer Boy Road
The Brewster Historical Society would like to hold their Farmers Market on Wednesday
afternoons starting on June 23, 2021 with one Sunday in October. They will provide
amplified acoustic music and have received a Special Permit 21-08 from the Brewster
Zoning Board. They are requesting a waiver of fees on 13 one day entertainment licenses at
$35.00 each.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve the request, with a contingency for their date of
October 10, 2021, subject to recommendation for traffic measures from the Police
Department.
Request for a Yard Sale restriction waiver- Trinity Lutheran Church, 1883 Main Street
The Trinity Lutheran Church has requested a waiver in the Yard Sale policy to hold a yard
sale along 6A. The date of the yard sale is Saturday, August 14, from 8:00am to 1:00pm
(possibly 2pm).
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve the request with a recommended end time of 2pm.
Golf Commission requests permission to accept a gift in the form of a memorial bench
The Golf Commission is requesting permission to accept a memorial bench in honor of
Christopher “Corkey” Curtis.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve the request.
Brewster Select Board Meeting of June 21, 2021
Consent Calendar Items
2
Permission to Use Drummer Boy Park, Friends of Brewster Dog Park
The Friends of Brewster Dog Park would like to host an antique/flea market on five dates (2
in July, 2 in August and 1 in October). They are requesting a fee waiver for these events.
The cost would be $300 X 5 events. All Department heads have weighed in on this event.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve the requests subject to the FBDG obtaining liability
Insurance and providing a certificate of insurance to the Town.
Permission to Use Drummer Boy Park, Brewster Conservation Day
Brewster Conservation Trust would like to host Brewster Conservation Day at the small area
at the entrance of windmill meadows on July 10th and July 16th. No food or drink will be
provided. There will only be 3-4 exhibitors.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve the request.
Permission to Post Temporary Signs on Town Property; Brewster Whitecaps
Brewster Whitecaps would like to post temporary signs with the Whitecaps schedule at 3
beach locations, Crosby Landing, Breakwater and Saints Landing.
.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve the request, subject to approval by the Historic
District before the signs are placed.
Request to renew Select Board Policy #26 (Hunting at Wing Island)
Policy #26 was adopted regarding the allowance of hunting on the lands currently managed
by the Select Board.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board renews this policy.
Request for a Letter of Support for the Community Preservation Committee Application.
The Housing Office and Administration will be putting in an application to the CPC for funds
to do an update on the Brewster Housing Production Plan which will expire in 2022 and are
requesting a letter of support from the Board.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve the request.
One Day Liquor Licenses; Chatham Bars Inn
Gary Thulander, Chatham Bars Inn Managing Director, is requesting ten 1-day liquor
licenses for events at the Chatham Bars Inn Farm, located at 3038 Main Street. There are 2
Brewster Select Board Meeting of June 21, 2021
Consent Calendar Items
3
for rehearsal dinners on July 8, 2021 from 6:30pm-8:30pm and July 9, 2021 from 4:30pm -
9:30pm. Beer, wine and a signature cocktail will be served. There are 3 requests for public
farm to table dinners, July 15, July 22, July 29, 2021 from 5:30pm- 8:30pm. Anticipated
attendance for each event is 100 people. Beer, wine and a signature cocktail will be served.
There are 5 requests for Farm to Table dinners on June 29, July 13, July 14, July 17, July 31,
2021 between 4:30pm- 9:00pm. These events are for guests of CBI; it is not open to the
public. Beer, wine and a signature cocktail will be served.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve these requests.
One-Day Entertainment Licenses; Chatham Bars Inn
Gary Thulander, Chatham Bars Inn Managing Director, is requesting six 1-day entertainment
licenses for some of the above mentioned events. On the following dates, the request is for
acoustic guitar for background music, July 8, July 9, July 13, July 14, July 17, and July 31,
2021. Music times will be between 4:30pm and 9:00pm.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board approve the request.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
BoS 05-15-21
Page 1 of 3
Office of:
Select Board
Town Administrator
MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES
DATE: May 15, 2021
TIME: 8:30 AM
PLACE: Stony Brook Elementary School
PRESENT:Chair Chaffee, Selectperson Bingham, Selectperson deRuyter, Selectperson Whitney, Selectperson
Chatelain, Town Administrator Peter Lombardi, Assistant Town Administrator Susan Broderick
Call to Order & Declaration of a Quorum
Chair Chaffee called the meeting to order at 8:32 am and declared a quorum present.
Public Announcements and Comments
None
Consent Agenda
Special Event License and One Day Liquor License for Snowy Owl.
Selectperson Bingham moved to approve the consent calendar as recommended by Administration,
Selectperson Whitney second. The Board voted 5-Yes, 0-No.
Discuss and Vote on FY22-23 Personnel Bylaw Employee Compensation
Mr. Lombardi stated that the wage precedent has been set by the Police and Library union settlements.
There will be a 2% COLA for FY22 and 2.75% COLA for FY23. The compensation and classification study is
close to being completed; the results of the study will be worked into FY22 wages. Additional wage changes,
based on the recommendations of the compensation and classification study, will be effective as of July 1,
2021, however these additional wage increases will be calculated retroactive to July 1, 2021, as the
recommendations will need to be reviewed and approved by group and the Select Board before they are
enacted. This review will not be completed before June 30th. Selectperson Bingham moved to approve the
agreement with the Personnel Bylaw employees, Selectperson Chatelain second. The Board voted 5-Yes, 0-
No.
Discuss and Vote on Town Meeting Warrant Articles
Article 14A, Fire Union Collective Bargaining Agreement
This article is funding for the FY21 contract. The Fire Union recently took a vote on and approved the
agreement. This will be retro pay from July 1, 2020, and the COLA is 1%. Selectperson deRutyer moved to
approve article 14A, Selectperson Bingham second. The Board voted 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 05-15-21
Page 2 of 3
Office of:
Select Board
Town Administrator
Article 15, Police Union Collective Bargaining Agreement
This article is funding for the Police Union contract for FY22, with a 2% COLA for FY22 and a 2.75% for FY23.
Selectperson Whitney moved to approve article 15, Selectperson Bingham second. The Board voted 5-Yes, 0-
No.
Article 16, Police Sergeant’s Union Collective Bargaining Agreement
Chair Chaffee recused herself from this discussion. Peter Lombardi stated that this is the newly formed
Police Superiors Union and consist of four employees. As with the other unions, there is a 2% COLA for FY22
and a 2.75% COLA for FY23. This article is for funding of the first year of the two year contract. Selectperson
Bingham moved to approve article 16, Selectperson Chatelain second. The Board voted 4-Yes, 0-No.
Article 19, Ladies Library Union Collective Bargaining Agreement
The Ladies Library Union ratified this agreement for FY22 & 23 this week. The Ladies Library Board approved
the agreement on Thursday, May 13th. Again, the COLA increases are 2% for FY22 and 2.75% for FY23.
Although this particular agreement is between the library employees and the Library Board, the Select Board
still needs to vote on the warrant article. Selectperson Bingham moved to approve article 19, Selectperson
deRuyter second. The Board voted 5-Yes, 0-No.
Article 20, Non-Union Personnel Wage Funding
As previously discussed, there will be a 2% COLA for FY22 and 2.75% COLA for FY23 for the Personnel Bylaw
employees. Select person Bingham moved to approve article 20, Selectperson Chatelain second. The Board voted 5-
Yes, 0-No.
Articles 14b, 17, and 18
The Town is currently still negotiating with the Fire Department on the FY22-23 contract, so this item will be
indefinitely postponed. Also, both SEIU (DPW/Water/Golf) and OPEIU did not feel comfortable bringing a
contract forward at this point without knowing what the recommendations of the compensation and
classification study are. Both unions are concerned with what the new scales will look like for those
members that are currently maxed out. These articles will be indefinitely postponed.
Next Meetings
May 18, 24, and 26, 2021
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
BoS 05-15-21
Page 3 of 3
Office of:
Select Board
Town Administrator
Matters not Reasonably Anticipated by the Chair
None
Adjournment
Selectperson Bingham moved to adjourn at 8:41 am, Selectperson Whitney second. The Board voted 5-Yes,
0-No.
Respectfully submitted,
Susan Broderick
Approved: _______________ Signed: _______________________________________
Date Selectperson Bingham, Clerk of the Board of Selectman
Accompanying Documents in Packet: agenda, consent items, memo on Personnel Bylaw compensation, MOA between Ladies
Library Union and Library Board of Directors
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
BoS 05-24-2021
Page 1 of 8
Office of:
Select Board
Town Administrator
MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES
DATE: May 24, 2021
TIME: 5:45 PM
PLACE: Remote Teleconference
ALL PARTICIPANTS ARE PARTICIPATING REMOTELY:Chair Chaffee, Selectperson Bingham, Selectperson
deRuyter, Selectperson Chatelain, Selectperson Whitney (6:01pm) Town Administrator Peter Lombardi,
Assistant Town Administrator Susan Broderick, Assistant Town Administrator Donna Kalinick, Chief of Police
Heath Eldredge, Labor Counsel Paul Hodnett, Board of Health members; Chair Carmen Scherzo, Penny
Holeman, Annette Graczewski, and Jeannie Kampas, Brewster Health Director Amy von Hone, Honey
Pivirotto, Pete Dahl, Water Superintendent Paul Anderson
Call to Order & Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Chaffee called the meeting to order at 5:55 pm, 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
Chair Chaffee announced Selectperson deRuyter’s final meeting as a member of the Select Board. She
expressed her gratitude for his leadership and remarkable contributions. Chair Chaffee also announced her
last meeting serving as Chair. Selectperson Bingham has invited members to the Performing Arts Center
located at Southern Eagle Cartway on Friday at 5pm for the grand opening.
Consent Agenda
Approval of Regular Session Meeting Minutes: April 5, 2021, April 20, 2021, and May 3, 2021
Quarterly Acceptance of Gifts and Donations (2021 Q1)
Request from Brewster Recreation to Use Breakwater Beach for Yoga classes: July & August
Request from Building Dept. to reimburse plumbing permit
Request from Brewster Housing Authority for building permit fee waiver
Vote on One Day Liquor Licenses: Maplewood
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
BoS 05-24-2021
Page 2 of 8
Office of:
Select Board
Town Administrator
Selectperson Bingham moved to approve the May 24, 2021, Consent agenda as printed. Selectperson
deRuyter second. A roll call vote was taken. Selectperson deRuyter-yes, Selectperson Bingham-yes,
Selectperson Whitney-yes, Selectperson Chatelain-yes, Chair Chaffee-yes. The Board vote was 5-yes, 0-No.
Review & Vote on Revised Memorandum of Understanding with Friends of Brewster Dog Park
Peter Lombardi reviewed that 3 weeks ago the Select Board approved and voted to affirmatively support the
memorandum. Since then, the Board of the Friends organization has reviewed and voted to slightly revise
the memorandum. The tracked changes have been provided in the e-packet. Peter Lombardi requested that
the Board take a formal vote on the revised Memorandum of Understanding. Selectperson Bingham moved
to approve to accept the revised memorandum of understanding with Friends of the Brewster Dog Park,
Selectperson Whitney second.
A roll call vote was taken. Selectperson deRuyter-yes, Selectperson Bingham- yes, Selectperson Whitney-yes,
Selectperson Chatelain-yes, Chair Chaffee-yes. The Board vote was 5-yes, 0-No.
Update on Cape Cod & Islands Water Protection Fund Regulations and Potential Next Steps for the Town
of Brewster
Chair Chaffee introduced the agenda item and stated that until last month Selectperson deRuyter until last
month served as the representative and Peter Lombardi is currently serving in the role. The PowerPoint
presentation was shared and reviewed by both Peter Lombardi and Selectperson deRuyter. Peter Lombardi
provided an overview of the Cape Cod & Islands Water Protection Fund (CCIWPF), it has been in place for 3
years with a tremendous amount of work completed by their Board members. Funded through the collection
of the additional 2.75% surcharge added to all lodging transaction effective July 1, 20219. Peter Lombardi
reviewed the CCIWP Board set up and responsibilities. Selectperson deRuyter detailed the CCIWPF project
eligibility slide and the State Revolving Fund (SRF). It is noted that Brewster has never participated in a SRF
loan program, as typically these loans are used to fund large sewer projects across the Commonwealth.
Selectperson deRuyter pointed out that one item that did get into the regulations is that if the project is
under $1M, then that town would get double the percentage award that any project over $1M would
receive. The Trust will establish the percentage based on its financial modeling, the revenues it expects to
receive, the cash balance on hand and the projects in the SRF for that year from member communities.
Peter Lombardi reviewed the CCIWP Financial plan slides including an analysis of a 5-year lookout completed
by the Trust. Peter Lombardi reminded us of the ongoing and upcoming Brewster Water Resource Capital
initiatives that will require appropriation. Peter Lombardi then reviewed the options the town could use to
support the upcoming capital costs, the first two are current practices as outline on the PowerPoint. The next
three options have been preliminary vetted with town counsel and are shared to advise what is possible,
neither are preferred at this time. Selectperson Bingham asked, is there an end date for the Water Trust?
Selectperson deRuyter answered that he does not believe there is no end date, but the bylaws will review
options. She also asked if you could get out at any time and get your money back, Selectperson deRuyter
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
BoS 05-24-2021
Page 3 of 8
Office of:
Select Board
Town Administrator
explained that yes you can get out at any time, but no you cannot get money back. Selectboard person
Bingham, asked if a Town meeting vote is required to leave, simple majority may be the vote. Peter Lombardi
added that we would need to double check, he reminded that we did not opt in, when legislative was
approved all member communities were included with no location action. Selectperson Whitney inquired
about funding options moving forward, if we leave the Trust do, we stop collecting the 2.75% in Brewster,
but then collect it for local use. Peter Lombardi stated that this is correct, but we have discretion, if special
legislation than we can pick whatever number we would want but probably would not want to increase the
percentage. On the local option that applies to short term rentals, the statute allows up to 3% surcharge.
We anticipate that short-term rentals and traditional lodging will result in $1 million to $1.1 million in
revenues at 3%. Selectperson Chatelain made comment that the Town should make decisions expeditiously
as possible.
Chair Chaffee commented that time is of the essence and requested to the town Administrator to continue
research and advise the Select Board of his findings so that an informed decision can be made that is best for
the Town of Brewster.
Executive Session
Chair Chaffee stated that the Board would be going into executive session at to discuss strategy with respect to
litigation when an open meeting may have a detrimental effect on the government’s litigating position
(Lanctot, et al v. Town of Brewster), and to conduct strategy sessions in preparation for negotiations with
non-union personnel and to conduct contract negotiations with non-union personnel (Town Administrator)
and would be returning to open session to complete the rest of the items.
Selectperson Bingham moved to go into Executive Session at 6:52pm, Selectperson Whitney second. A roll
call vote was taken. Selectperson deRuyter- yes, Selectperson Bingham-yes, Selectperson Whitney-yes,
Selectperson Chatelain-yes, Chair votes yes. The Board vote was 5-yes, 0-No.
Chair Chaffee announced that we have returned from Executive session at 7:07pm
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
Review and Vote on Employment Agreement with Town Administrator
Selectperson deRuyter provided an overview of the draft contract with Town Administrator Peter Lombardi.
Term of agreement effective July 1, 2021, and is for a 5-year period, net effect is a 4-year extension to his
employment and takes the place of the final year of his current contract. The contract will run through June
30, 2026. Selectperson deRuyter stated it has been an incredible joy to work with Peter Lombardi these past
few years, demonstrating his commitment to the community and Brewster is all the better for it.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
BoS 05-24-2021
Page 4 of 8
Office of:
Select Board
Town Administrator
Selectperson Whitney thanks Selectperson deRuyter for his hard work and efforts in bringing the contract to
fruition and notes that he is in support of the contract for Peter Lombardi. Peter Lombardi addressed the
Select Board and thanked them for their support. Chair Chaffee commented that the Town is extremely
fortunate to have Peter’s leadership.
Selectperson deRuyter moved to approve the contract as presented. Selectperson Bingham second.
A roll call vote was taken. Selectperson deRuyter-yes, Selectperson Bingham-yes, Selectperson Whitney-yes,
Selectperson Chatelain-yes, Chair Chaffee-yes. The Board vote was 5-yes, 0-No.
Town Administrator’s Report
Peter Lombardi stated what a difference 3 weeks makes, and a lot has changed in a good way. The Governor
announced last Monday that the State would dramatically accelerate its reopening plan and has rescinded all
but a handful of restrictions as of this coming weekend. All industries will be open 100% as of this weekend
with no gathering restrictions in place anymore. The State of emergency will officially end as of June 15,
2021. As of last week, our local vaccination rates show that 78% of Brewster residents aged 16+ had
received at least one dose of the vaccine. Almost 90% of seniors (75+) have been vaccinated and 66% of
residents 16+ are fully vaccinated, this is two-thirds of our residents. The vaccine is readily available at this
point and the State plans on transitioning away from pre-registration-based system. In terms of local
positive cases, we are down in the single digits for the past 5 weeks, transition down to the lowest risk
designation by the State a couple of weeks ago. Currently our data shows that we are trending where we
were as of last summer and early fall.
Mr. Lombardi said that Town offices have been open on Tuesdays and Thursdays since last July (with a few
closings do to peaks) and will continue with this plan for several weeks. As of the first week of July we will
transition to a 3-day week of being open to the public (Tuesdays, Wednesdays, and Thursdays) and lifting our
staffing restrictions to be at 100% capacity. The plan is to follow 3-day a week schedule through summer and
reassess based on the Board’s strategic plan from last year. One of the goals was to determine the merits of
long-term changes to traditional service models and applying the lessons learned from the pandemic and our
response. The council on aging which has been closed for 14+ months will work with administration on a re-
opening plan. The Brewster Ladies library has been open for grab and go services for a good number of
months. The library board has authorized further opening. On all of these plans, we are checking with other
Towns and recognizing that we have had a week to sort out a much different schedule than previously
thought.
In regard to Select Board meetings, we have a plan in place to take us through end of June; we are
anticipating keeping the June schedule as all remote. Certain provisions of Open Meeting Law are set to
expire with the end of the State of emergency on June 15th. Massachusetts Municipal Association is trying to
identify a legislative solution to hopefully keep some version of what we utilize in terms of having local
discretion in complying with the Open Meeting Law going forward. This would include allowances from the
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
BoS 05-24-2021
Page 5 of 8
Office of:
Select Board
Town Administrator
state to have hybrid and/or remote meetings. Peter Lombardi has personally contacted our legislative
delegation and confirmed this is already on their radar, and they recognize this is a timely and important
issue for a lot of towns.
Expanded outdoor dining program, has a sunset date of 60 days after the end of the State of emergency,
which brings us to mid-August. We have about ten local restaurants which have seen a lot of interest and
support in the expanded outdoor dining. We would like to continue through the end of this season. This is
another issue where we are hoping for legislative fix to bridge us through this year. Feedback from
restaurant owners, patrons and residents have been supportive of this program, and it is more complicated
on the local level with regulations, zoning, liquor license approvals, etc. We are hoping that the State
intervenes to allow the program to continue.
Relative to our beaches, we will not be instituting any parking restrictions at any of the beach lots and do not
plan on having the beach ambassador program this summer. The Chamber of Commerce which had been
closed all last year, plan to re-opening on Mondays and Fridays to the public. They will again provide
welcome bags to folks who are visiting. The recycling and permit office will continue to be mail in or online
only; this is a change we may keep in place in the future.
The good news is that the Cape Cod baseball will play this season. Our Health department has put together
along with the baseball league a program for a safe, fun, and successful season.
One personnel note, Patrick Ellis will be retiring at the end of next month after 6 years of service, he has
done an outstanding job re-enforcing a positive work culture, moving initiatives forward and building on
improvements. We have hired Griffin Ryder to succeed Mr. Ellis; he will start on June 21st. Mr. Ryder
emerged from an impressive pool of candidates and was a unanimous selection. Peter Lombardi reviewed
Mr. Ryder’s work history and experience.
Discuss and Vote on Temporary Extension of Face Covering Requirement in Town Buildings- Joint Meeting
with Board of Health
Board of Health Chair Dr. Scherzo brought the Board of Health meeting to order and declared a quorum at
7:32pm. Chari Scherzo commented that that the joint meeting was scheduled for 6:20pm and now it is
almost 7:45pm, the Board of Health was frustrated on the coordination of the meeting. Chair Chaffee
apologized and reviewed the technical difficulties that were experienced. Chair Chaffee recognized the
Director of the Board of Health, Amy Von Hone is also in attendance. Mr. Lombardi reviewed the State plan
to rescind current mask guidelines and an advisory will be in placed that non-vaccinated individuals will be
advised to wear a mask and keep social distance in most settings. Face coverings will still be required on
public transit and indoors at some facilities. Town administration and the Health Director recommended the
Boards approval of a continuation of indoor masks requirements in Town buildings through July 4th, which
would apply to employees and the public. They are also looking to continue the same mask requirements
with shared vehicles through 4th of July weekend, which is similar to the State requirements for public
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
BoS 05-24-2021
Page 6 of 8
Office of:
Select Board
Town Administrator
transit. It takes 6 weeks from the first dose to be fully vaccinated, the recommendation is based on this
information and to protect our employees and our residents. The intent is that everyone who intends to get
vaccinated has had the ability to do so in this time frame. Amy Von Hone commented that she will support
what both Boards decide tonight. Selectperson Chatelain commented that Brewster has done an outstanding
job in following and enforcing the guidelines from the State; he sees no reason to second guess them at this
point. Selectperson Chatelain inquired to know how the town hall staff feel about this decision and consider
as the decision is made. A letter from an unknown number of town employees was received earlier that day,
Mr. Lombardi read it into the record. Peter Lombardi shared that Library and Council of Aging employees
were not included in this group and after peaking with the Library Director, their employees would welcome
the continuation of masks requirements based on the nature of their interaction with their patrons. There
are varying positions on the requirements of masks within town employees. We have not been actively
tracking vaccination rates with employees. Peter Lombardi has talked with other Town Managers and reports
that they are also taking varying approaches on the mask mandates. Selectperson deRuyter commented
that everyone has been following the Governor’s orders since the beginning and is inclined to vote no on the
measure and continue to follow the Governor’s orders moving forward. His concern that individual
communities are going to supersede what the State is mandating as our part of our Covid response, this
recommendation is certainly reasonable. Selectperson Bingham agrees with selectperson deRuyter; our
employees will be going out and will not be required to wear masks but will be once they arrive at work.
The Board of Health members then made comments; Annette Graczewski reviewed the low Covid positivity
rates and feels the Governor has been conservative; she is not supportive of the recommendation. Chair
Scherzo would support the mask requirement for 2 reasons; it gives the Selectboard and the Board of Health
the ability to see if numbers change with the rescinding of the mask mandate. Second, there may be Town
employees who have not been vaccinate and gives them the opportunity to do so. Jean Kampas agrees with
Chair Scherzo and is worried about the numbers with the onset of the summer season and tourists. She does
not think it is too much to ask of adults to continue with masks until July 4th. Penny Holeman said employers
have a duty to ensure a safe work environment, and this is a very responsible requirement. Chair Chaffee
expressed that this policy as proposed is prudent, rational and about safety. A measure that is not a great
burden and will protect our employees. Discussion ensued on the voting process, and it was decided that a
joint vote would take place.
Selectperson deRuyter moved the policy as drafted, Selectperson Bingham second. For the Board of Health
Penny Holeman moved to accept the policy as stated, Jean Kampas second.
A roll call vote was taken. Selectperson deRuyter-no, Selectperson Bingham-no, Selectperson Whitney-yes,
Selectperson Chatelain-no, Chair Chaffee-yes. Select Board vote, 2-yes, 3-no.
For the Board of Healthy a roll call vote was taken. Anette Graczewski- no, Penny Holeman- yes, Jean
Kampas-yes, Board of Health Chair Scherzo-yes. Board of Health, 3-yes, 1-no.
The combined Board vote was 5-yes, 4-No.
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
www.brewster-ma.gov
BoS 05-24-2021
Page 7 of 8
Office of:
Select Board
Town Administrator
Board of Health member Annette Graczewski motions to adjourn the meeting at 8:03pm, Penny Holeman
seconds. A roll call vote was taken. Annette Graczewski-yes, Penny Holeman-yes, Jean Kampas- yes, Chair
Scherzo-yes. Board of Health vote, 4-yes, 0-no
Review & Vote to Accept Fiscal Year 2020 Financial Audit- Audit Committee
Honey Pivirotto took a few minutes to review the Audit Committees’ process and meetings since its origin.
The three highlights are that assets exceeded liabilities as of June 30, 2020, by $62M; the Town had
combined ending fund balances of $18.9M and total costs of all services of the Town for the FY20 were
$50.45M of which $45M was for government activities and $5.45M for business type activities. Pete Dahl
added that the end result was a clean audit, and it was well presented. Ms. Pivirotto pointed out that Robert
Brown’s presentation on sensitivity analysis gave the reader some idea of the potential of the variability of
the liability should investment rates change. The management letter highlighted no material weaknesses or
deficiencies. Dave Whitney thanked the Finance Team for their hard work. Peter Lombardi also expresses his
praise of the finance team.
Discuss Water Commission’s New Water Restrictions Policy
Water Superintendent, Paul Anderson joined the meeting and reviewed the process that was completed for
the policy. This included meeting with Superintendents from Harwich, Dennis, Orleans, Chatham, and
Brewster to discuss current levels of the monitoring well of the Monomoy lens. They agreed that restrictions
were necessary and presented in a consistent manner across all towns. Information will be posted on the
website; signs will be posted at the entrance of Town and a reverse 911 to advise residents. The current
levels of the aquafer are concerning, especially going into the heavy demand season; all 5 towns have agreed
on the implementation of restrictions. Chair Chaffe asked about the cause of the situation. Paul Anderson
noted that a monitoring well in Brewster is at the lowest level it has been in a very long time; this is due to
lack of precipitation over the winter. The majority of replenishment is during winter months. Peer Lombardi
commented that it is very likely restrictions will remain in place for several months. We would like to see this
in full effect as of June 1st. Selectboard Whitney asked about the difference between private wells and town
wells. Paul Anderson replied that there is no difference, and the restriction applies to everyone.
For Your Information
No questions or comments on these items
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 05-24-2021
Page 8 of 8
Office of:
Select Board
Town Administrator
Questions from the Media
None
Next Meetings: May 26, June 7 and June 21, 2021
Adjournment
Selectperson Bingham moved to adjourn at 8:42pm. 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.
Respectfully submitted, Erika Mawn
Approved: _______________ Signed: _______________________________________
Date Selectperson Bingham, Clerk of the Board of Selectman
Accompanying Documents in Packet: Agenda, TA Report documents, Consent Items, FYI Packet, Dog Park documents, Audit Committee
documents, Water Conservation Article, CC & I Water Protection Fund Update documents
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: Erika Mawn, Executive Assistant
Date: June 17, 2021
RE: Special Event Permit- Upper Mill Pond Catch & Release Fishing Tournament
Derek Brundle is requesting to use the boat launch on Upper Mill Pond for a catch and release
fishing tournament with the Kayak Fishing Club. The total number of persons that will be
participating will be 8. The fishing tournament is conducted from kayaks and Derek will be there
to monitor and participate. The event is due to take place between 5am and 3pm.
Below, please find feedback from Department Heads. This feedback has also been shared with
Derek Brundle.
Natural Resources Department
Note that we do require a sticker to park at the landing, but no sticker is required to park in the
large lot across the street to the east.
No blocking of access to the ramp during the event
Recreation Department
No events at this location and/or time. No concerns.
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: Erika Mawn, Executive Assistant
Date: June 17, 2021
RE: One-Day Entertainment License and fee waiver: Brewster Historical Society
The Brewster Historical Society is requesting a One-Day Entertainment License for their Farmers
Market’s at Drummer Boy Park and a waiver of the associated fees. This request includes
Wednesday afternoons from 3pm to 6pm starting on June 23 through September 8. Additionally,
they are requesting the date of Sunday October 10, 2021. There is already an event scheduled at
Drummer Boy Park on this day and we will be offering conditions for this date to be approved.
They would like to provide amplified acoustic music during the farmer’s market.
Below, please find feedback from Department Heads. This feedback will be shared with the
Brewster Historical Society.
Health Dept:
The Health Department has no comment or concerns with regards to this request. I will add the
BHS Farmer’s Market is in good standing with our department. Their permit has been issued and
I am working diligently with their vendors to get them all properly permitted.
DPW:
DPW is ok with this request.
Is there a parking plan in place to keep any damage to the turf to a minimum? We don’t want
vehicles driving over the paved path.
o Provided site plan to DPW.
What is Sparky’s route, on the road or around the perimeter of the park? Will it interfere with the
newly paved path?
o received notice that there will not be any Sparky’s this season.
Fire Department:
The ZBA special permit identifies no parking or standing on interior roads (Approval condition
#1). This would also be mandatory for this application. They also list they will be using a
“canopy”. I am thinking this would be a small canopy that would not require a permit. Could
you ask?
Building Department:
The Building Department has no concerns with this proposal particularly since it is regulated via
Board of Appeals Special Permit #21-08.
As the Chief mentioned I suspect that this canopy is one of those standard 10’ X 10’ or such
which are not regulated unless you place 7 such canopies in a row as is mentioned in the Tent
Information (attached). The Famers Market group are familiar with these tent regulations as they
have been at this for several years.
May I suggest that the applications that go to the Select Board include a contact email. Then I
could reach out directly to the applicant at the same time answer your query so that your duties
are not like being on an old fashion switchboard.
While Special Permit #21-08 (attached) doesn’t touch upon tents in particular it does speak to
parking, open roads, separations and the like.
Administrator’s Office:
Drummer Boy is rented for a craft fair for 10/10. Administration requested from the applicant that
we make sure we receive approval for the shared parking use from the Craft Fair and that the
Police Department be consulted on any traffic control measures that should be implemented for
10/10. By the Bay craft fair has agreed to the shared use. We are waiting for a response from PD.
We recommend that the date be approved, subject to recommendation for traffic measures from
the Police.
Additionally, the applicant has informed us that there will not be any Sparky’s Hayrides this
season. Since the park has a new paved path, we would want to visit any future request regarding
hayrides and consult with DPW and Natural Resources Staff.
Lastly, we ask that the next year the proposed dates for the Farmer’s Market be submitted to this
office earlier in the process as we are responsible for booking Drummer Boy park and the shared
use management. A certificate of insurance should be submitted to the Town, covering liability
for the parking on Drummer Boy property.
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: Erika Mawn, Executive Assistant
Date: June 17, 2021
RE: Request for Yard Sale Restriction waiver
The Trinity Lutheran Church is requesting a waiver of the restriction regarding yard sales on
weekends along 6A between Memorial Day and Labor Day. The request is for a yard sale in the
parking lot on Saturday August 14, from 8:00am to 1:00pm, or possibly 2:00pm.
Below, please find feedback from the Police Department. This feedback will be shared with
Cheryl Silvestri of the Trinity Lutheran Church.
Police Department:
We would not require a detail for this, however, this is the same day the Brew Run is proposing to
operate. I know they likely have not yet filed anything with the town, but if they do run the Brew
Run that day, I would suggest that the yard sale have a hard finish by 2:00, as people will be
coming into the area shortly after that for the race.
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: Erika Mawn, Executive Assistant
Date: June 17, 2021
RE: Request Use of Drummer Boy Park and fee waiver: Friends of Brewster Dog Park
The Friends of Brewster Dog Park is requesting use of Drummer Boy Park on 5 dates to host an
antique/flea market and a waiver of the associated fees. This request includes Tuesdays in July and
August and one date in October. The event will run from 7am until 4pm and including 15 vendors.
Below, please find feedback from Department Heads. This feedback will be shared with the
Friends of Brewster Dog Park.
Health Dept:
The Health Department has no comments or concerns with this request.
Fire Department:
The area of multiple tents placed side by side shall have a 12 ft. fire break clearance on all sides
for every 700 square feet of tent.
Parked vehicles or internal combustion engines shall not be located closer than 20 feet to any tent
or membrane structure 400 sq ft or more and multiple tents placed side by side with an aggregate
area of 700 sq ft. For the purpose of determining required distance, support ropes and guy wires
shall be considered as part of the temporary membrane structure or tents. (No vendor or other
parking or generators allowed within 20’ of the vendor tents).
Parking area lanes shall be no less than 20’ in width.
Administration:
The Friends of Brewster Dog Park reached out to administration following town meeting
regarding the use of Drummer Boy Park. They intend to hold a flea market/antique weekly event,
similar to the one that the Brewster PTO used to hold on Tuesdays in the summer at Drummer
Boy Park.
I would note that the new Select Board policy allows for non-profits to apply for a waiver of
$1,000 per request, up to $2,000 for the year. The Drummer Boy Park rental fees for this request
would be $300 per event X 5 events or $1,500.
The Friends of Brewster Dog Park do not currently have liability insurance. After discussion with
FBDP, they have stated that they will obtain insurance. It is the recommendation of
administration that the approval be subject to the Friends obtaining insurance before their first
event and providing the Town with a certificate of insurance.
Police Dept:
The police department would like to see a parking plan. This would include a sketch to show the
placement of vendor booths and the proposed parking area. We would also reserve the right to
require a police detail if traffic becomes an issue. I do not anticipate this being a requirement,
based on the proposed size of the events and dates given, but the applicant should be aware of the
possibility.
o Parking plan was provided to Chief Eldredge.
Building Dept:
Since the Dog Park people have reduced their events to 5 then they do not have to apply to the
Board of Appeals for a Special Permit and just proceeding through the Select Boards application
process is the correct path. Also since they already received a copy of the tent regulations I have
no further concerns from the perspective of the Building Department.
Friends of Brewster Dog Park
June 14, 2021
Dear Brewster Select Board.
I am one of the directors of The Friends of Brewster Dog Park.
We are applying for a waiver of fees to rent Drummer Boy Park
for several events this summer.
Historically, the PTA hosted an antiques fair and we would like to
continue with those events as a fundraiser for the dog park.
As of today, fifteen of the vendors that attended the antiques fair
have requested space at Drummer Boy.
I have volunteered my time to be the organizer of this event.
Elbert Ulschoeffer will be my ‘advisor’ as he was a regular
participant at the antiques fair in the past.
Elbert should also be credited for the idea of the ‘Friends’ hosting
these events.
I can be contacted at hayley.winfield@yahoo.com or
at 617-459-2901.
Regards,
Hayley J Winfield
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: Erika Mawn, Executive Assistant
Date: June 17, 2021
RE: Use of Drummer Boy Park to hold Brewster Conservation Days
The Department of Natural Resources is requesting the use of the small area at the entrance of the
windmill meadows for their Brewster Conservation Day events on July 10, 2021 from 9:30am until
12:30pm and on July 16, 2021 from 10:30am until 1:30pm. No food or drink for volunteers will be
served. There will only be 3-4 exhibitors at the park, unlike previous years when there would be
50-60.
Below, please find feedback from Department Heads. This feedback will be shared with Ryan
Burch.
Fire Department:
No parking on interior roadways to ensure emergency vehicle access and egress.
Vehicle parking lanes on grass areas shall be no less than 20’ wide to ensure emergency access
and egress in the event of a fire and/or medical response.
Health Dept:
If food or drink will be sold at the events a Temporary Food Service Permit must be applied for.
Building Dept:
The Building Department has no concerns with this application.
To Brewster Select Board
Subject: Whitecaps 2021 home schedule signs at Brewster Beaches
June 15, 2021
In 2019, the last time the Whitecaps played baseball, I came to the Select Board to ask
permission for temporary signs at 3 Brewster beaches. The beaches were Saints Landing,
Breakwater, and Crosby Landing. The Select Board enthusiastically approved the request,
unanimously.
Today, I am again asking for Select Board approval for temporary signs with Whitecaps Home
Schedule at the same 3 beaches for June, July, and early August of 2021. The signs are small, 12
inches by 24 inches. This size meets the criteria for signs in the area. Brewster DPW will put up
and take down the signs. The Brewster Whitecaps will provide the signs. As you know the
Brewster Whitecaps are a non-profit organization, run by a dedicated group of volunteers.
I think that all on the Select Board agree that the Brewster Whitecaps are an important part of
the culture and summer ambiance in Brewster. Having the home schedule at our most popular
beaches is a good way to inform the summer visitors and residents of the game nights. It
makes a statement as to the importance of Whitecaps Baseball to the town of Brewster.
Thank you for your consideration of this request from the Whitecaps.
Regards,
Chuck Hanson
Chuck Hanson, Whitecaps Board Member
On behalf of all the Whitecaps Board.
Certificate of Exemption
Application is hereby made for the issuance of a Certificate of Exemption under Section 6 and 7 of Chapter 470,
Acts and Resolves of Massachusetts 1973, as amended, for proposed work as described below and on plans,
drawings or photographs accompanying this application.
Address of Proposed Work ________________________________________________________________
Owner’s Name ________________________________________________________________
Owner’s Mailing Address ________________________________________________________________
Owner’s Telephone # _______________________________
Agent or Contractor ________________________________________________________________
Agent’s Address ________________________________________________________________
Agent/Contractor Telephone # _______________________________
Agent/Contractor E-Mail ________________________________________________________________
This application is for exemption of proposed exterior construction on the grounds that (check applicable box):
□It will not be visible from any way or public place and/or
□It is within a category declared entitled to exemption by Old King’s Highway Regional Historic District
Commission.
Describe and furnish plan of proposed work showing location on lot and, if an addition is involved, showing
location of existing building.
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
_____________________________________________
Signed by Owner / Contractor / Agent
___________________________________________ _____________________________________________
Historic District Committee Signature Date
This Certificate is hereby ______________________
Cert.ofExemption
Town of Brewster
Historic District Committee
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 Ext. 1125
FAX (508) 896-8089
building@brewster-ma.gov
Application #
________________________
Fee: $10.00
Date
Paid _________________
Check # _________________
Map ________________
Lot ________________
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
MEMORANDUM
TO: Brewster Select Board
FROM: Donna J. Kalinick, Assistant Town Administrator for Community
Development & Finance & Jill Scalise, Housing Coordinator
RE: Housing Production Plan Update
DATE: June 15, 2021
The present Brewster Housing Production Plan (HPP) was approved by the Department
of Housing and Community Development (DHCD) in July 2017. The HPP has a five-year
term and is set to expire on June 29, 2022.
The Plan, which includes housing needs, goals, and implementation strategies, has
guided the Town’s housing work over the past four years. Initiatives such as hiring a
Housing Coordinator, creating a Municipal Affordable Housing Trust, and amending the
ADU bylaw, are all strategies outlined in the Housing Plan. The new plan will include the
latest census data, explore present housing trends, involve outreach to the community,
and be compiled in coordination with the Vision Planning effort.
Having an approved HPP allows the Town to request DHCD’s Certification of Municipal
Compliance. This certification can occur when, in one year, a Town produces affordable
housing units totaling at least 0.5% of the Town’s total year-round housing units.
Presently, in Brewster, this formula equals the production of 27 Subsidized Housing
Inventory, affordable units in one year. Certification of Municipal Compliance is often
referred to as ‘safe harbor’ because it provides a Town with more control over the
Comprehensive Permit process. Brewster received DHCD certification of the current
Housing Plan for one year from April 2018- April 2019.
To update the HPP, a Community Preservation Act grant application is being submitted
to the Community Preservation Committee. If approved, this will provide the funding
needed to update the HPP in a timely manner. A Letter of Support (LOS) from the
Select Board is requested for this application. Included is a sample LOS. We are
available to answer any questions about the proposed update of the Housing Plan.
Office of:
Town Administrator
Housing
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
June 22, 2021
Ms. Faythe Ellis, Chair
Chair- Community Preservation Committee
Brewster Town Hall
2198 Main Street
Brewster, MA. 02631
Chair Ellis,
Please accept this letter as confirmation of the Brewster Select Board’s June 21st vote in support
of the Community Preservation application for funds to update Brewster’s Housing Production
Plan (HPP).
The Housing Production Plan has guided Brewster’s housing work over the past four years and
led to numerous accomplishments. Initiatives such as hiring a Housing Coordinator, creating a
Municipal Affordable Housing Trust, and amending the ADU bylaw, are all strategies outlined
in the Housing Plan. The new plan will include the latest census data, explore present housing
trends, involve outreach to the community, and be compiled in coordination with the Vision
Planning effort.
With the present HPP set to expire in June 2022, updating the Housing Plan is a priority for the
Town. An approved plan is needed to assess and direct Brewster’s housing efforts as well as to
potentially receive certification of the plan and obtain ‘safe harbor’, granting greater Town
control in the Comprehensive Permit process.
Thank you to the Community Preservation Committee for providing financial support of
Brewster’s community housing initiatives.
Sincerely,
Cynthia Bingham, Chair
Brewster Select Board
Office of:
Select Board
Town Administrator
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: Erika Mawn, Executive Assistant
Date: June 17, 2021
RE: One-Day Entertainment & One-Day Liquor Licenses; Chatham Bars Inn Farm
Chatham Bars Inn Farm has requested multiple one-day entertainment and one-day liquor licenses
for events held at their location at 3038 Main Street, Brewster for early summer. They have
already received Special Permit through the ZBA and have been in touch with the Brewster Health
Department regarding food permits.
Their request for One-day Entertainment Licenses is as follows:
Thursday, July 8, 2021
Friday, July 9, 2021
Tuesday, July 13, 2021
Wednesday, July 14, 2021
Saturday, July 17, 2021
Saturday, July 31, 2021
Their request for One-day Liquor Licenses is as follows:
Tuesday, June 29, 2021
Thursday, July 8, 2021
Friday, July 9, 2021
Tuesday, July 13, 2021
Wednesday, July 14, 2021
Thursday, July 15, 2021
Saturday, July 17, 2021
Thursday, July 22, 2021
Thursday, July 29, 2021
Saturday, July 31, 2021
1
Erika Mawn
From:Peter Lombardi
Sent:Wednesday, June 2, 2021 1:33 PM
To:Erika Mawn
Subject:FW: For June 21 Select Board Meeting Packet - RecoveryBuild APG
Attachments:Brochure RecoveryBuild.pdf
Follow Up Flag:Follow up
Flag Status:Flagged
Here original email. I added this to the agenda already.
Peter Lombardi
Town Administrator
Town of Brewster
508-896-3701 x. 1128
Effective March 9, 2021, until further notice:
Based on current state guidance and public health data, Brewster Town Offices are open to the public on Tuesdays and
Thursdays during regular business hours. Residents and visitors are urged to continue to access town services remotely if
possible. Phone messages and email communications will continue to be answered promptly. Thank you for your
understanding and cooperation. For the latest updates on Town services, please visit www.brewster-ma.gov.
From: Chris Hardy <chris@hardychris.com>
Sent: Tuesday, June 1, 2021 4:40 PM
To: Cindy & Judy Bingham Miller <cabjlm@comcast.net>; Peter Lombardi <plombardi@brewster-ma.gov>; Emaun@brewster-
ma.gov
Cc: Chris Hardy <chris@hardychris.com>; Sheila House <shouse@town.harwich.ma.us>; Stephanie Briody
<stephanie@bhinnov.org>
Subject: For June 21 Select Board Meeting Packet - RecoveryBuild APG
Thank you, Cindy, for letting us speak with the Brewster Select Board on June 21 (7pm) about RecoveryBuild APG.
We are presenting to the Select Boards across Cape Cod in order to help build awareness of the program and to help recruit
teens struggling with substance use.
RecoveryBuild Alternative Peer Group
www.recoverybuild.org
This 7-minute video describes the history of RecoveryBuild, the program and the organization’s beliefs and
goals. https://rb.gy/h0b12u
Peer-based recovery support for Cape Cod teens
RecoveryBuild APG is a program of Behavioral Health Innovators that supports teens with substance use
challenges. It is the only program on Cape Cod focused specifically for teen-agers and their unique needs.
An Alternative Peer Group provides a new group of friends with alternative attitudes, values, judgements, processes
and behaviors that support the change necessary for recovery.
2
Research shows that adolescents are far more likely to relapse when experiencing social pressure than adults. This is
a safe place for teens 13 to 18 years old to collaborate and to create a new sober life.
Fun is an important element in our program and helps teens build lasting, healthy friendships.
Members can define their activities, but they may include hiking, weekend excursions, concerts, gym time,
fitness/yoga, classes/education, art/music, dinners with peers, community service and skills building exercises.
Attached is a PDF of the RecoveryBuild brochure.
Presenting will be:
Sheila House, Harwich Youth & Family Services/ Board Chair Behavioral Health Innovators
shouse@town.harwich.ma.us
Stephanie Briody, Founder and CEO Behavioral Health Innovators
stephanie@bhinnov.org
Chris Hardy, Board Member Behavioral Health Innovators
chris@hardychris.com
CHRIS HARDY
chris@hardychris.com
480-621-9523
A place where teens come together with their
peers to build the skills and relationships to
deal with substance use challenges under the
expert guidance of Counselors and Recovery
Peer Mentors
Research shows that adolescents are far more
likely to relapse when experiencing social
pressure than adults. The RecoveryBuild APG
is a safe place for teens to collaborate and
create a new sober life.
Addiction professionals recognize it is
important to utilize the social influence of
similar-aged peer support to increase positive
outcomes for youth in recovery. An
Alternative Peer Group provides a new group
of friends with alternative attitudes, values,
judgements, processes and behaviors that
support the change necessary for recovery.
Building a Better Life
Positive Peer Pressure
Our Community Partners
The Duffy Health Center, PIER Recovery
Center, Gandara Center, Independence
Academy, Wellstrong and others.
Our Supporters
RecoveryBuild APG is made possible thanks
to the generosity of The Peter and Elizabeth
C. Tower Foundation, Cape Cod Healthcare
Community Benefits Program, The Cape Cod
Foundation and other generous supporters.
Venue
Tuesdays & Thursdays 5-7 pm
PIER Recovery
209 Main St, Hyannis
Contact us
Contact us for a Free Assessment. We
welcome referrals from schools, parents,
grandparents, athletic coaches, counselors and
community-based organizations.
Call or text (774)487-5227
Email: APG@Duffyhealthcenter.org
Stephanie Briody stephanie@bhinnov.org
Add a little bit of body text
RecoveryBuild is a program of Behavioral
Health Innovators, Inc., a 501(c)(3) organization.
www.recoverybuild.org
Counselors
Melissa Hyer-Mitchell
has over 20 years of experience working with
teenagers, young adults and families.
She is committed to working with individuals
using a strength-based, person-centered
approach focused on supporting those who
struggle with addiction, trauma and mental
health needs - utilizing expressive therapies
and play as a means of healing. Melissa has a
strong belief that genuine compassion,
support and intervention during such a critical
age can lay a foundation for a healthy and
healed future.
Melissa is a Licensed Mental
Health Counselor (LMHC), a
Master's graduate of Lesley
University in Professional
Counseling Psychology and
Samantha Cronin
Samantha is a Master’s graduate
of Lesley University in Expressive
Arts Therapy and Mental Health
Counseling who has dedicated
her career to children and
adolescents. She is a Certified
Yoga Instructor and is pursuing her license as
an LMHC. Samantha is passionate about the
mind/body connection - spreading wellness
and recovery through yoga, art, movement,
music and drama. Samantha has facilitated
art groups and clinical therapy sessions at
Hartford Hospital, Dana Farber, and McLean
Psychiatric Hospital. Samantha’s contagious
enthusiasm helps young clients feel included,
comfortable and understood.
If you are concerned
about a teen but don't
know how to get them
help, contact us. It's
completely normal for
teens (and adults) to
resist help for
challenges with substance use. We can
provide support in having
difficult conversations. Not taking action
prolongs the struggle for the teen and their
loved ones.
Parent of APG Member
"When my son entered a treatment center I
didn't know where to turn. By chance I was
referred to the Alternative Peer Group as a
potential resource. The Counselor
immediately responded to my request for
information and set up a meeting. From our
first conversation I felt a flood of relief. I
finally was talking with someone who
understood the issues my family was dealing
with before I even uttered a word. . . While I
completely understand how parents might
be hesitant to talk about something as
private and painful as their child struggling
with addiction, they need not be fearful of
any judgment or shame from this incredible
organization."
Fun is an important element in our program
and helps teens build lasting, healthy
friendships. Members can define their
activities (this may include hiking trips,
weekend excursions, concerts, gym time,
fitness classes, yoga, juice bar, education
classes, art, music, dinner with peers,
community service and skills building).
The Recovery Peer Mentor plays a key role in
facilitating and coaching the teens during
these activities.
. . . is to help teens initiate, maintain and
sustain their recovery in an atmosphere
of safety, empathy, trust, honesty and
compassion.
Teen group counseling sessions
Parent and family support
College and employment support
Individual sessions with counselor
Recovery Peer Mentor support
Pro-social activities
Recovery and skills-building meetings
Education resource center - treatment
decision support.
Integrating recovering peers
and positive social activities
into an evidence-based
clinical practice works.
Overall, since APGs have
been in existence, they have
a recovery rate greater than
85% versus a nationwide
recovery rate of around
30% (Basinger & Edens)
RecoveryBuild APG
Social Scene
Jeremy will be graduating
from Cape Cod Community
College with a degree in
Graphic Design in 2020. He is
currently working as a Youth
Mentor at the Creative
Call or text (774)487-5227
APG@Duffyhealthcenter.org
Stephanie Briody
stephanie@bhinnov.org
Concerned about a Teen?
Add a little bit of body text
Our Goal
Program Structure
Recovery Rate
www.recoverybuild.org
Recovery Peer Mentor
Jeremy Wurzburg
Outlets program - Cape Cod Museum of Art.
Jeremy has years of experience in the field of
addiction treatment and prevention -
experience working with young adults from all
walks of life, and personal experience with his
own addiction recovery. He has worked as a
Recovery Aide at Gosnold and as a Student
Mentor at the Provincetown Art Association
and Museum.
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
CC:Finance Committee; Mimi Bernardo, Finance Director; Lisa Vitale,
Treasurer/Collector; Jim Gallagher, Assessor; Kathy Lambert, Information
Technology Director; Donna Kalinick, Assistant Town Administrator
RE: Status Update on Implementation of Recommendations from MA
Department of Revenue’s 2019 Report
DATE: June 17, 2021
Two years ago, the Department of Revenue (DOR) completed their analysis of Brewster
finances which included a series of recommended actions. In August 2019, the Finance
Team developed a plan to consider and/or implement their findings. Since that date,
significant progress has been made on almost all of the issues they identified thanks to
both the coordinated efforts of the Finance Team and the support of the Select Board,
Finance Committee, Charter Committee, and Town Meeting.
As was referenced in Summer 2019, many of the DOR’s recommendations were
interconnected, making the timeline for each dependent on a variety of factors. The
items we identified then as long-term goals were expected to be implemented in FY22
at the earliest. As we close out FY21, we thought it would be appropriate to provide a
formal update to the Select Board and Finance Committee relative to the status of these
collective efforts.
Mirroring the structure in the DOR report, the following is a summary of our progress:
1.Establish a Town Charter and review bylaws – short/medium term
After 2+ years of work, the Charter Committee completed their charge this
spring and Town Meeting overwhelming adopted the inaugural town charter
presented to them by the Select Board. As will be referenced throughout this
document, the benefits of the charter’s adoption on the organization cannot be
overstated. The charter will formally take effect when the state legislature
approves it in the next few months. Town staff will then work with town counsel
to bring a series of bylaw amendments to Town Meeting for approval to align the
Office of:
Select Board
Town Administrator
charter and bylaws. In the interim, the charter governs if there is a discrepancy
between the two governing documents.
2.Establish a Human Resources Department – medium/long term
Funding to support the formation of this new department was originally included
in the FY21 operating budget but was subsequently removed in the series of
budget reductions resulting from the pandemic. Funding for a new part-time HR
Generalist was included in the FY22 budget as adopted by Town Meeting this
May as was funding for a new Project Manager to replace one of the two current
Assistant Town Administrator positions. Susan Broderick will officially assume
her full-time HR Director duties this summer. Both new positions will be filled by
the end of this summer as well.
A new confidential space was created in Town Hall for the HR office using capital
appropriations approved by Town Meeting in September 2020. We also hired a
consultant to complete a personnel policies and procedures audit with a $15k
state grant through the Community Compact best practices program that
provides a detailed roadmap for the initial work necessary to properly establish
this office.
3.Disband the Personnel Board – medium term
After feedback from relevant stakeholders including the Select Board, the
Personnel Board was eliminated in the new charter. The Town Manager
assumes primary responsibility for these functions, working in close coordination
with the new HR Department. Under the charter (Section 3-2), the Select Board
retains the sole authority to approve all personnel policies and collective
bargaining agreements.
4.Procure Audit Services – medium/long term
Our long-time auditor, Bob Brown’s, current contract expires following
completion of the FY21 audit. Consistent with the new bylaw, the Finance Team
will work with the Audit Committee to issue a formal solicitation inviting bids for
audit services this winter. The Audit Committee will make a recommendation to
the Town Manager who will then ultimately award the contract for such
beginning in June 2022 (FY22-24 audits).
5.Adopt Enterprise Fund Accounting for Water and Golf – medium/long term
After detailed analysis and completion of an updated 5 year rate study in 2020
examining current/future revenues and expenses (including capital needs), the
Water Department was formally transitioned to an enterprise fund by vote of
Town Meeting in September 2020. This accounting change was made effective
FY21.
After issuing a solicitation last year, the Town engaged a consultant to complete
a similar comprehensive analysis for the Golf Department. The Finance Team,
key Golf Department staff, and the Golf Commission have been actively involved
in this process to date. The results of this project are expected to be delivered
this summer. Depending on their findings and recommendations, we would
consider transitioning the Golf Department to an enterprise fund effective FY23
at the earliest. That said, in building their operating budgets and short-term
capital plans for the past 2 years, the Golf Department has been fully self-funded
and has contributed to their share of indirect and OPEB costs.
Best practices for managing reserves/surpluses for both funds are outlined in the
Select Board’s Financial Reserves policy adopted in January 2020.
6.Codify the Budget Process in Bylaw – medium term
The charter clarified roles, responsibilities, and timelines for budget
development, consideration, and adoption in Chapter 6 Sections 1, 2, and 3.
Further detail is included in 3-2-3, 4-1-4, 4-3-3C, and 5-2-2B of the charter.
Following the approval of the charter by the state legislature, Town staff will
work with town counsel to determine the extent to which related bylaws need to
be amended to align with the charter.
7.Revise the Capital Planning Bylaw – medium term
The Capital Planning Committee was reconstituted in Fall 2019 and worked in a
manner consistent with the existing bylaw to develop a new 5-year Capital
Improvement Plan (CIP) that year. The CIP was adopted by the Select Board in
February 2020 and has subsequently been updated to reflect current and future
year capital needs. The plan generally seeks to fund capital needs at
$1.75M/year via Free Cash, a sustainable level that continues necessary and
consistent investment in Town infrastructure, resources, and initiatives.
The Capital Planning process going forward is thoroughly outlined in Charter 6
Section 4 of the charter, which generally mirrors past and current practice except
that the Capital Planning Committee will now be appointed at the discretion of
the Town Manager. Again, we will need to amend the current bylaw once the
charter is fully approved.
8.Determine if a Special Purpose Stabilization Fund for Capital Projects is Needed –
short/medium term
The Town adopted a Capital Stabilization fund close to 20 years ago but it was
never utilized prior to FY20. According to the Select Board’s Financial Reserves
policy, the Town will invest a combination of available Free Cash and short-term
rental revenues to grow this fund until the target balance of 10% of the General
Fund operating budget is achieved (approximately $4.5M in FY22 dollars).
The newly adopted Select Board policy on Short-term Rental Revenue Allocation
further clarifies that at least 25% of these revenues will be allocated to the
Capital Stabilization fund until it reaches that funding goal. $750k has been
appropriated to the Capital Stabilization fund in the past 2 years from various
sources. These funds are intended to be used to reduce the cost impacts of
issuing debt for larger capital projects.
9.Seek Municipal Finance Professional Development and Training – short term
Although it has been more challenging through the pandemic, all Finance staff
remain committed to participating in professional development opportunities and
appropriate training. Our Assistant Treasurer/Collector received her certification
as a Collector from the MA Collectors and Treasurers Association last fall. We
have also regularly notified members of the Select Board and Finance Committee
of statewide resources and training opportunities, including those explicitly
referenced in the DOR report. In addition, we have been actively involved in
onboarding new board/committee members regarding municipal finances.
Although not specifically recommended by the DOR, the joint meeting structure
that we have institutionalized in our capital and operating budget development
processes with the Select Board and Finance Committee has greatly helped
minimize duplication of effort and information. This format has generally been
well received and is a model that we generally plan to keep in place going
forward.
10.Clarify the Reporting Structure of the Consolidated Department of Municipal
Finance – short/medium term
After soliciting feedback from all relevant stakeholders and reviewing best
practices, the Charter Committee determined that an organizational structure
where all Department Heads report directly to the Town Manager was best. This
arrangement is codified in Chapter 4 Sections 1 and 3. Ove the past 2+years,
the Finance Team has met on a regular basis and constantly coordinates our
work together.
Comprised of the Finance Director / Town Accountant, Treasurer/Collector,
Assessor, and Assistant Town Manager, this group has taken a team approach to
managing the Town’s finances and is committed to continuing to do so. When
the charter is approved, we will amend the bylaw to remove references to the
local option consolidated municipal finance model but functionally the Finance
Director will remain central to coordinating daily financial operations and will also
regularly attend Finance Committee meetings with the Town Manager.
11.Conduct a Workflow Analysis and Create a Procedures Manual – short term
The Treasurer/Collector’s and Assessor’s Office have drafted procedures manuals
for their respective departments. The Finance Office has made some preliminary
progress on undertaking this work and plans to complete their manual by 2022.
In the meantime, the Finance Office has made some significant changes in their
daily practices that address several concerns raised by the DOR.
12.Expand Remote Entry – short (accounts payable) / medium (receivables)
/ long (payroll)
The Town moved to a cloud-based version of our accounting software last year
shortly before the pandemic started, making the shift to remote work
considerably easier than it would have otherwise been. We also transitioned to a
new payroll platform this past winter. Accordingly, both accounts receivable and
payroll data entry and processing have been decentralized. We plan to do the
same with receivables by the end of this summer.
13.Shift Water Department Collection to Collector’s Office - long term
Effective July 1, 2021, the Water Department will officially transition from its own
independent accounting software system to the Town’s (VADAR). This
conversion will address the one remaining item in our management letter from
the auditor in terms of properly reconciling Water receipts. It also allows much
greater involvement of the Treasurer/Collector’s Office in managing Water
Department collections. With this change, we expect that the
Treasurer/Collector’s Office will be able to process payments made on water bills
at Town Hall. The Finance Team and Water Superintendent continue to discuss
the best approach to handling Water receipts as we work through this
conversion.
On a separate but related note, the Treasurer/Collector’s Office added a lockbox
service last spring that has significantly reduced the volume of bills that require
labor-intensive processing. A significant number of residents avail themselves of
this new option. This functionality was brought online on short notice and with
no major issues in the early days of the pandemic, and it will reap substantial
long-term benefits in terms of managing bill payments and the associated
workload on staff.
14.Reposition the IT Department – short/medium term
For the past 2 years, the IT Director has reported directly to the Town
Administrator. This relationship has been codified in the charter in 4-1-4B. Since
that individual shares an office with the Finance Director, they continue to
communicate on a regular basis and have an excellent working relationship.
Again, the current bylaw regarding a consolidated municipal finance department
needs to be amended/stricken when the charter is approved.
15.Explore Software Upgrades – short/medium/long term
We have made dramatic investments in supplementing and upgrading our
existing systems over the past couple years including rolling out Microsoft Office
365, moving the Water Department to VADAR, utilizing a module in VADAR that
directly connects receivables processed by the Treasurer/Collector’s Office with
Accounting, and shifting to a new payroll processing platform. We made
investments in remote work and meeting platforms like Zoom and HelloSign. We
added paperless daily beach stickers last summer and plan to move to license
plate reader technology at the Recycling Center later this year. We also are soon
to launch a new e-permitting portal and Town website, both of which were
delayed by the pandemic.
The Finance Team has evaluated the possibility of moving to a more robust
accounting system. At this time, given the costs and complexities associated
with that, we have decided to reinvest our time and effort into making the
existing system work better for our needs. With this in mind and knowing the
limitations of our current platform, we decided to invest in a new standalone
platform to support development of our budget and capital budgets that will
greatly improve internal processes and external reporting/transparency. We are
planning to launch this new platform, which will be fully integrated with our
existing systems, later this fall as we begin the FY23 budget development cycle.
16.Implement a Human Resource Information System – short/medium term
With our legacy system no longer being supported, the Town transitioned to a
new payroll platform this winter. This vendor services many other MA
municipalities and has relatively good HRIS functionality. Once the HR
Department is established, we will better leverage this resource and assess
whether we need any additional modules/functionality.
17.Maintain Vigilant Cybersecurity Awareness – short term
See attached update from the IT Director regarding our current/ongoing efforts.
As you can see, we have made incredible progress on many fronts over the past 2
years. I want to acknowledge and thank every member of the Finance Team as well as
their staff for their willingness to work together, embrace change, and manage these
initiatives. Each one of these projects has been complex and has taken hundreds of
hours of staff time. The results are worthwhile and impactful, and they position the
Town well in managing our finances going forward.
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
CC: Finance Committee; Mimi Bernardo, Finance Director; Lisa Vitale,
Treasurer/Collector; Jim Gallagher, Assessor; Kathy Lambert, Information
Technology Director; Donna Kalinick, Assistant Town Administrator
RE: Follow-up on Findings from Department of Revenue Financial
Management Review
DATE: August 13, 2019
Following up on our joint meeting on June 27 where we discussed the findings from the
Department of Revenue (DOR) report and now that our new Finance Director is in
place, the Finance Team has spent considerable time reviewing the recommendations
contained in this report and devising a realistic plan to address them. Coming out of
that initial assessment process, we are looking to establish baseline expectations in
terms of when we may be able to take action on each individual recommendation. It is
important to note that many of the recommendations are interconnected and so the
timeline for each may be dependent on other factors. With this in mind, we have
divided the recommendations into three broad categories:
short-term (either ongoing or attainable this fiscal year);
medium-term (likely attainable by the end of next fiscal year);
long-term (requires sufficient advance planning and/or additional funding such
that it could be implemented in FY22 at the earliest).
Mirroring the structure in the DOR report, the following is a summary of our plan:
1. Establish a Town Charter and review bylaws – short/medium term
Ongoing, with goal of presenting Charter to Town Meeting next spring, with
corresponding bylaw amendments to follow either next fall or the following
spring
2. Establish a Human Resources Department – medium/long term
Would require either shifting functions of existing personnel or adding new staff,
but interim measures may be possible with existing staff
Office of:
Select Board
Town Administrator
3. Disband the Personnel Board – medium term
Dependent on what recommendations are incorporated into the Charter and
needs to take into account how we are handling HR function
4. Procure Audit Services – medium/long term
Plan to engage in a formal solicitation process prior to the expiration of Bob
Brown’s contract in FY21
5. Adopt Enterprise Fund Accounting for Water and Golf – medium/long term
Need to ascertain the long-term independent fiscal sustainability of both, need to
engage committees and staff for both, and would only make a change of this
magnitude at the start of a fiscal year
6. Codify the Budget Process in Bylaw – medium term
Dependent on what recommendations are incorporated into the Charter, with
corresponding bylaw amendments to follow either next fall or the following
spring. Plan to follow existing bylaw until any such changes are made.
7. Revise the Capital Planning Bylaw – medium term
Dependent on what recommendations are incorporated into the Charter, with
corresponding bylaw amendments to follow either next fall or the following
spring. Plan to follow existing bylaw until any such changes are made.
8. Determine if a Special Purpose Stabilization Fund for Capital Projects is Needed –
short/medium term
Will have a better handle on need for and value of this mechanism once long-
range forecasting has been updated and new 5-year capital plan has been
completed
9. Seek Municipal Finance Professional Development and Training – short term
Ongoing commitment to appropriate training for all Finance staff, with goal to
provide greater support for appointed/elected boards with fiduciary responsibility
10. Clarify the Reporting Structure of the Consolidated Department of Municipal
Finance – short/medium term
Dependent on what recommendations are incorporated into the Charter, with
corresponding bylaw amendments to follow either next fall or the following
spring. Plan to take a team approach to managing Town’s finances and staff
regardless.
11. Conduct a Workflow Analysis and Create a Procedures Manual – short term
Treasurer/Collector’s Office has already made great headway, with other Finance
Departments to follow.
12. Expand Remote Entry – short (accounts payable) / medium (receivables)
/ long (payroll)
This is a major undertaking that can’t be done at one time, will require a
comprehensive assessment of our existing systems, and has ancillary staffing
impacts
13. Shift Water Department Collection to Collector’s Office - long term
This is also a major undertaking that will require a comprehensive assessment of
our existing systems and staffing impacts
14. Reposition the IT Department – short/medium term
Functionally, this change can be made this fiscal year, but the reporting structure
needs to be clarified in the Charter and/or related bylaws
15. Explore Software Upgrades – short/medium/long term
We have prioritized assessing what we have and what we need for this fiscal
year but any changes will likely require funding, will take considerable effort, and
need to be implemented on the fiscal and/or calendar year
16. Implement a Human Resource Information System – short/medium term
Our current system is not fully utilized/integrated and is no longer being
supported next fiscal year, so goal would be launch of new platform in January
2021
17. Maintain Vigilant Cybersecurity Awareness – short term
See attached update from Kathy on our current/ongoing efforts
To be clear, these timeframes don’t guarantee that we will affirmatively act on every
recommendation as presented by DOR by a date certain. Instead, we are seeking to
lay out a framework and associated workplan to assess the feasibility of each
recommendation, determine what modifications need to be made to suit our particular
organizational needs and policy considerations, decide whether or not we want to move
forward on them, and then implement.
On a related note, the Finance Team plans to present a series of recommendations to
you on the Financial Policies included in the DOR report in the next several months.
FINANCIAL MANAGEMENT REVIEW | TOWN OF BREWSTER
JUNE 2019
PREPARED BY:
DLS | Technical Assistance Bureau
100 Cambridge Street, Boston, MA 02114
www.mass.gov/dls
Zack Blake, Chief, Technical Assistance Bureau
Marcia Bohinc, Senior Project Manager, Technical Assistance Bureau
Mary Jane Handy, Director, Bureau of Accounts
Christopher C. Harding
Commissioner of Revenue
Sean R. Cronin
Senior Deputy Commissioner
Supporting a Commonwealth of Communities
mass.gov/orgs/division-of-local-services | P.O. Box 9569 Boston, MA 02114-9569 | (617) 626-2300
June 7, 2019
Select Board
2198 Main Street
Brewster, MA 02631
Dear Board Members,
I am pleased to present the enclosed financial management review for the Town of Brewster, along
with a set of financial policies that was previously delivered. It is my hope that our guidance
provides direction and serves as a resource for local officials as we build better government for our
citizens.
If you have any questions regarding the report, please contact Zack Blake, Technical Assistance
Bureau Chief, at (617) 626-2358 or blakez@dor.state.ma.us.
Sincerely,
Sean R. Cronin
Senior Deputy Commissioner
TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................................ 1
COMMUNITY OVERVIEW ............................................................................................................................ 2
BACKGROUND .............................................................................................................................................. 7
OVERALL FINANCIAL MANAGEMENT ...................................................................................................... 10
Establish a Town Charter and Review Bylaws ......................................................................................... 11
Establish a Human Resources Department ............................................................................................. 12
Disband the Personnel Board .................................................................................................................. 13
Procure Auditing Services ........................................................................................................................ 13
Adopt Enterprise Funds for the Water and Golf Operations ................................................................... 14
Codify the Budget Process in Bylaw ........................................................................................................ 14
Revise the Capital Planning Bylaw .......................................................................................................... 16
Determine if a Special Purpose Stabilization Fund for Capital Projects is Needed ................................. 16
Seek Municipal Finance Professional Development and Training........................................................... 17
CONSOLIDATED DEPARTMENT OF MUNICIPAL FINANCE ....................................................................... 18
Clarify the Reporting Structure of the Consolidated Department of Municipal Finance ........................ 21
Conduct a Workflow Analysis and Create a Procedures Manual ............................................................ 22
Expand Remote Data Entry ..................................................................................................................... 23
Shift Water Department Collection to Collector’s Office ........................................................................ 23
INFORMATION TECHNOLOGY ................................................................................................................... 24
Reposition the IT Department ................................................................................................................. 26
Explore Software Upgrades..................................................................................................................... 26
Implement a Human Resource Information System ............................................................................... 27
Maintain Vigilant Cybersecurity Awareness ........................................................................................... 27
APPENDIX ................................................................................................................................................... 29
Brewster Town-wide Organization Chart ............................................................................................... 29
Proposed Consolidated Finance Department Organization Chart ......................................................... 30
Examples of Previous and Current Government Review Committees and Comparable Communities . 31
Sample: Dedication of Revenues to a Stabilization Fund Acceptance Legislative Body Vote ................ 34
Communities with Enterprise Funds ....................................................................................................... 35
ACKNOWLEDGMENTS ................................................................................................................................ 37
1
INTRODUCTION
At the request of the Select Board, the Department of Revenue’s Division of Local Services (DLS)
completed this financial management review for the Town of Brewster. A team from the Technical
Assistance Bureau (TAB) conducted the review in consultation with staff from the Division’s Bureau
of Accounts.
The purpose of this assessment is to assist Brewster officials as they evaluate government
operations and the overall efficiency and effectiveness of financial management practices and
procedures as the Town transitions two key management positions. The Town and its financial
operations experienced a series of events beginning in late-2015 with the retirement of the long-
term Town Administrator, followed by close to three years of instability in critical leadership roles
which included the 2016 resignation of the long-term finance director. Although this report reviews
the operations that led to much public concern and discourse, our primary goal is to provide
guidance for future success. In reviewing operations, we focused on financial officers’ duties and
responsibilities, the coordination and communication among local officials, and opportunities for
improving procedures and internal controls. We provide recommendations in three areas: general
administration, finance department operations, and information technology.
Included with our financial management review is a framework for developing financial policies.
These policies were started in the summer of 2017 but without the engagement of the new town
administrator, we were unable to develop and deliver the policy document at that time. The
purpose of this framework is to formalize as many policy areas as possible by providing instructive
guidance and consistency. The document contains a series of footnotes that reflect required
changes to the Town’s bylaws or town meeting actions based on how the policy is presented.
However, all final policy decisions are left to policymakers, who along with Town personnel, will
need to evaluate the framework and tailor its content to Brewster’s processes.
2
COMMUNITY OVERVIEW
Brewster is a historic sea captains’ town located approximately 90 road miles from Boston on Cape
Cod’s bay side. With a year-round population of fewer than 10,000, the Town swells to over 30,000
in the summer months as recreation enthusiasts flock to its many beaches freshwater ponds, golf
courses, and Nickerson State Park. Also drawing in day-trippers and vacationers are Brewster’s
abundant antique shops, boutiques, art galleries, hotels, inns, and the Cape Cod Baseball League
team.
The community operates under a board of selectmen-open town meeting form of government, with
an appointed town administrator to manage day-to-day affairs. Along with the full range of
municipal services typical of Brewster’s size, including police, fire, and public works departments
and a town library, the Town operating budget funds public education, a water department and a
golf department that manages two 18-hole courses. Brewster is part of the of Nauset Public Schools
and provides prekindergarten through fifth grade education at two local elementary schools.
Students in grades sixth through twelve attend Nauset Regional for middle and high school or can
elect to attend the Cape Cod Technical High School. The Town also has an enthusiastic volunteer
force serving on various elected and appointed boards, committees, and commissions.1
Of the Town’s $51.2 million dollar FY2019 budget, $33.8 million is derived from the tax levy, $5.1
million from various local receipts (including motor vehicle excise), $4 million from golf course fees,
$3.1 million from water charges, and $3.1 from other revenue sources. State aid accounts for just
under $1.9 million. As with almost all of the region’s communities, 94.5% of Brewster’s tax levy is
attributable to residential properties.
1 A town-wide organizational chart is included in the Appendix
3
FY2019 Revenues by Source
Total Receipts – All Sources Tax Levy by Class
Brewster’s main reserves consist of free cash and a general stabilization fund. Other reserves
include an other post-employment benefits (OPEB) trust fund and amounts reserved for
abatements and exemptions (overlay) declared as surplus by the Board of Assessors. The Town
manages these reserves based on well-established practices, but without any formal long-term
strategy.
Certified annually, free cash is a revenue source resulting from the calculation of a town’s
remaining, unrestricted funds from the previous fiscal year’s operations based on the balance sheet
as of June 30. Key factors that contribute to the amount of free cash include prior year
unappropriated free cash, unexpended appropriations, local receipts in excess of budgeted
amounts, and changes in fund equity2. Free cash is offset by property tax receivables and certain
deficits or overdrawn accounts, and as a result, can be a negative amount.
Although Brewster’s overall level of reserves have remained somewhat consistent, the balance of
free cash and stabilization as a percentage of the operating budget has declined from a peak of
15.5% in 2008 to the current 8.1%. As the chart on the next page shows, Brewster’s most recent
free cash certification of $2 million (as of 07/01/2018 based on the results of FY2018 revenues and
expenditures) is below its 16-year annual certification average of close to $2.4 million. This reflects
a two-year downward trend and is the third lowest certified amount since 2004. The stabilization
fund decreased $1 million in FY2014 due to a transfer to the OPEB fund and has since stayed at the
same level of $2.1 million but will increase in FY2019 with a $275,000 appropriation at the 2018
May annual town meeting and no subsequent withdrawals.
2 Fund equity is the change in undesignated balance (cash, receivables, liabilities, and amounts reserved)
Residential
94.5%
Commercial
3.9%
Industrial
0.3%
Personal
Property
1.3%
Tax Levy
66.1%
State Aid
3.6%
Local Receipts
10.0%
Water Revenue
6.2%
Golf Revenue
7.9%
Other Revenue
Sources
6.1%
4
Financial Reserves3
To further understand Brewster’s fluctuation in free cash, the following graph and chart detail the
key components for last five years. The general fund experienced a significant decrease in fund
equity from FY2016 to FY20174 along with an increase in reported outstanding receivables that
contributed to the $610,589 decrease in free cash (both reflected in the ‘other’ category). A
substantial drop in both unexpended appropriations and local receipts the following year caused a
further decline.
Free Cash Components as of Fiscal Year End
3 Balances available as of the first day of the fiscal year
4 FY2017 Schedule A Part 11: fund equity decreased by $1.3M
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Certified Free Cash Stabilization Fund Balance Reserves as a % of Operating Budget
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
-$1,000,000
-$500,000
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
2014 2015 2016 2017 2018
Prior Year Unappropriated Free Cash Excess Local Receipts
Unencumbered/Unexpended Appropriations Other
Overdrawn Accounts/ Deficits Free Cash as % of Budget
5
It was noted by local officials during our meetings that free cash was viewed as too high;
conversely, we also heard that others thought that it was too low. While it is not unusual for
community members to have varying opinions on the appropriate amount of free cash and its use,
the discussion highlights the need for the Town’s policymakers to formalize not only the free cash
level, but the strategy for maintaining all the Town’s reserves. Fittingly local officials are currently
working on a reserves policy to be adopted by the Select Board that will define the target level and
provide guidelines on generating and using free cash, as well as appropriate target levels of other
reserves.
Standard & Poor’s Global Inc. (S&P) evaluates ongoing management practices and policies when
reviewing a town’s credit quality. In early 2018, S&P reaffirmed Brewster’s bond rating of AAA5 with
a stable outlook, which the Town has held since 2014. In doing so, S&P cited the community’s
traditionally strong financial management and budgetary practices, as well as the healthy local
economy. S&P’s outlook expects the Town to continue its management practices, including focusing
on financial and capital planning and maintaining transparency with ongoing reporting to the Select
Board on financial matters. Noted though is the lack of certain formal policies, which the Select
Board is now addressing.
Whereas Brewster’s financial characteristics are similar to many of the other 14 Barnstable County
communities, the county itself is very different than the rest of the state. This is primarily due to the
Cape’s many seasonal property owners (close to 50% of Brewster’s residential properties are
second homes) and permanent resident population’s demographics.
As shown in the chart on the next page, Brewster’s FY2019 average single-family tax bill of $4,499 is
just slightly lower than the county’s average ($4,888) and significantly less than the state’s ($5,796).
At the same time, Brewster’s average single-family value of $524,325 is higher than the statewide
average of $409,914. All this combines to return a very favorable average percentage of tax bill to
value. The Town’s per capita income of $32,143 places it lower than almost all the other county
5 AAA is the highest possible rating. The higher the credit rating, the lower the cost of borrowing and easier access
to credit
Fiscal Year
End
Total Free
Cash
Excess Local
Receipts
Unencumbered/
Unexpended
Appropriations
Prior Year
Unappropriated
Free Cash
Overdrawn
Accounts/
Deficits
Other Free Cash as
% of Budget
2014 2,365,624 1,109,786 334,818 561,989 (11,270)370,301 5.45%
2015 2,542,316 1,269,900 194,497 607,861 (144,550)614,608 5.65%
2016 2,905,830 1,239,282 465,125 606,836 (37,759)632,346 6.29%
2017 2,295,241 1,182,283 942,798 642,084 (42,552)(429,372)4.55%
2018 1,989,981 547,926 279,862 833,652 (6,719)335,260 3.89%
6
communities and 24% lower than the statewide average of $42,286. This is less favorable when
comparing the ratio of tax bill to income. Brewster’s per capita equalized valuation (EQV), which
represents the full and fair cash value of all taxable property, of $375,169 is well below the county
average of $547,927 but 42% higher than the statewide average ($216,950). EQV is used to
calculate various state aid allocations (e.g., Chapter 70) and assessments (e.g., county tax, mosquito
control) and the Town’s debt limit.
While Brewster maintains much of its quaint character, it is not the same small town it was 40 years
ago. From 1980 to 2005, its population virtually doubled in size, from 5,226 to 10,242, with this
growth exceeding the average for the Cape and Islands region as a whole. However, the decline
since that peak is projected to continue over the next 20 years as the population also becomes
more disproportionally elderly. In 2015, over 40% of residents were over 60 years of age and just
17% under age 20. By 2035, with an expected overall population decrease of close to 20%, the 60+
group is expected to grow to more than 55% of the total6. This population shift may strain the
Town’s budget as service demands change.
6 Source: UMASS Donahue Institute Population Estimates Program
Average Single
Family Tax Bill
Average Single
Family Value
Average Tax Bill
as a % of Value
DOR Income Per
Capita
Average Tax Bill
as a % of
Income
2016 EQV
Brewster 4,499 524,325 0.86%32,143 14.00%375,169
Barnstable County 4,888 603,836 0.81%38,806 12.60%549,927
Statewide 5,796 409,914 1.41%42,286 13.71%216,950
7
BACKGROUND
In mid-2015, the Select Board was made aware of the approaching retirement of its long-serving
Town Administrator (29 years). Anticipating this retirement, the Select Board engaged in a wide
search for a well-seasoned leader to carry the community forward. With this process, they were
able to appoint a qualified professional to the position as soon as the vacancy occurred in October
2015. It was soon thereafter, however that the Finance Director of 26 years also retired, and in
September 2016, the position was filled with another experienced Finance Director. Although this
type of thoughtful, prepared hiring process often favors successful outcomes, there was a
convergence of factors that undermined the transitions in Brewster.
Over more than two decades, successive Select Board members had developed such confidence in
the effectiveness of the former leadership tandem that the board typically took a hands -off
approach to oversight of ongoing operations. Through years of competent management, the Town
Administrator in particular earned the trust of the Select Board, employees, and residents, and he
continues to hold a position of influence within Town in his retirement. Unfortunately, very few
policies or procedures practiced under his administration were formalized in writing.
As Brewster moved to a new administration, the Select Board failed to anticipate the impact of the
cultural shift that should be expected in this scenario. It was incumbent on the Board to give some
consideration to the new officeholders’ initiatives, to set goals for the transition period, and to
follow-up on them. For their part, the new hires would have been well advised to take a gradual
and consultative approach to implementing changes. Instead, with little or no formal transition
from the prior administration, the Select Board and Town employees struggled to adjust to what
they viewed as sweeping departures from longstanding practices. Poor communication from the
administration and disregard of seasoned department heads’ expertise strained relationships.
Compounding this situation was the December 2017 resignation of the long-term Assistant Town
Administrator, upon whom the Town had heavily relied for her human resource capabilities.
The most crucial change during this period was the Finance Director/Town Accountant’s revision of
the chart of accounts in the VADAR financial system. It is common for an incoming accountant to
assess an inherited chart of accounts for potential improvements. And in this particular case, the
Finance Director/Town Accountant’s intent was, in part, to bring the chart into compliance with the
Municipal Modernization Act, as she understood them. However, to mitigate the inherent, high
risks involved with making changes to the chart and fund accounts, the accountant must have a
strong understanding of the financial system (or active assistance from the software vendor) to
verify that revisions achieve the desired outcomes and to notify relevant users of the changes made
8
to the chart or its data. By not taking these actions, the Finance Director/Town Accountant’s
revisions damaged the chart’s integrity and the user’s understanding of the accounts. Making the
changes mid-fiscal year also led to issues with the financial records requiring costly analysis and
remediation that delayed the year-end closing and free cash certification.
Changes initiated by the Town Administrator and Finance Director also led to various other
problems in Town operations that were not recognized or addressed by the Select Board.
Department heads stopped receiving timely revenue and expenditure reports and lacked
confidence in the reports they received. Formerly well-established procurement procedures were
not followed, allowing contracts to be signed without proper vetting and authorization.
Unexplained changes in the annual budget process and treatment of certain items created doubts
and confusion. The Town Administrator did not address department head concerns and the Select
Board was uninformed, signaling a communication breakdown between Town Hall and the
policymakers.
In March 2018, issues finally came into focus for the Select Board (and the public) when the Town
received its FY2017 examination of financial statements and communication of internal control
related matters, i.e., management letter, from the audit firm R.E. Brown & Company as part of the
Town’s annual independent audit. For the first time ever, the firm cited in the letter a material
weakness and a separate significant deficiency related to account reconciliations. Now spurred into
action, the Select Board engaged The Abrahams Group7 to review Brewster’s FY2018 accounting
records, reconcile the FY2017 general ledger ending balances and FY2018 beginning balances for all
funds, reconcile and close the FY2018 books, and prepare the documents required for free cash
certification by DLS.
The Finance Director/Town Accountant had gone on leave in the spring of 2018 to not return, and
in June of that year the Town Administrator resigned. To stabilize operations, the Select Board hired
an experienced interim Town Administrator and also brought back the recently retired Finance
Director as interim Town Accountant. As the result of all these corrective actions, we have been
informed that the FY2017 audit citations have been addressed; FY2018’s books have been
corrected, reconciled, and closed; FY2019’s accounting is on track; and a balanced FY2020 budget
was presented at the annual town meeting in May.
Internal control deficiencies, lack of formal policies, poor communication, absence of a smooth
transition to the new Finance Director, and inadequate Select Board oversight all contributed to the
issues Brewster faced over the past few years. But local leaders have since made positive strides
7 Click here for a copy of The Abrahams Group Status Report and R.E. Brown’s FY2017 Annual Audit Recap
9
towards stabilizing operations and bringing confidence back in town government. A new Town
Administrator is in place as of the end April, and the hiring of a new Finance Director is complete. It
is well understood that a transition plan that includes adequate training for the Finance Director on
the Town’s financial system is critical to that office’s success. Finance Team meetings with the Town
Administrator and a member of the Select Board (rotating based on availability) are now routine. In
addition, Town officials are following through on a plan to implement formal financial policies
recommended by DLS.
On the following pages, we offer recommendations designed to assist the Select Board in its
commitment to ensure effective operations and sound financial management into the future. We
caution the Select Board, Brewster officials, and all interested parties, under the authority and
guidance of the Town Administrator, to methodically review and evaluate the recommendations.
While some of the recommendations are strictly procedural and others have financial implications,
almost all impact multiple departments. Thoughtful review, communication and agreement with
affected parties, and a deliberate implementation approach will increase the likelihood of desired
outcomes.
We also recommend this approach for adopting the financial policies. Mindful that the goal of
policies is to help ensure sound fiscal governance and management practices, prioritizing the
policies for review, consensus, and adoption will lead to acceptance and more important,
adherence. Formalized financial policies adopted by the Select Board will also facilitate future
transitions in the various financial offices.
10
OVERALL FINANCIAL MANAGEMENT
The five members of Brewster’s Select Board collectively act as the executive branch of government
with responsibility over Town operations. They meet formally semimonthly and periodically as
needed throughout the month to oversee Town affairs, decide policy, and approve payroll and
vendor warrants. To advocate for the financial interests of town meeting, the bylaws call for a
Finance Committee, as well as a Capital Planning Committee to coordinate the Town’s capital
improvement program.
In accordance with Chapter 5, Article I, Section 5-5 of the Town’s bylaws, the Select Board appoints
a full-time Town Administrator to function as chief administrative officer. Subject to Select Board
approval, the Town Administrator appoints almost all the departmental personnel under the
Board’s jurisdiction. The Select Board retains appointing authority for the Town Counsel, Town
Clerk, Police Chief, Fire Chief, Director of Golf Operations, and Board of Water Commissioners.
The Town Administrator is responsible for coordinating Brewster’s day-to-day operations and
carrying out the Select Board’s policies and objectives. Despite the Town having a Finance Director,
the Town Administrator also functions as Brewster’s chief financial officer, with responsibility for
preparing the annual budget and five-year capital improvement program. Supporting the Town
Administrator’s office are two Assistant Town Administrators and an Administrative Assistant, who
together perform a broad mix of both high-level and administrative tasks in roles that are not
clearly defined. Each of the two Assistant Administrators has some distinct duties but also share
some responsibilities, all the while maintaining a ‘whatever needs to be done’ attitude.
Brewster is fortunate that one Assistant Town Administrator is a Massachusetts Certified Public
Purchasing Official (MCPPO), who manages a centralized procurement office, develops policies, and
administers contracts. She also provides purchasing assistance to all departments, monitors
compliance with procurement laws, prepares and executes contracts, and processes purchase
orders. Her other responsibilities include managing the Town’s affordable housing program,
oversight of town-wide insurance coverages and special project management. She also works very
closely with the Department of Public Works operations, including overseeing the Swap Shop.
The second Assistant Town Administrator is a member of the Massachusetts Municipal Personnel
Association (MMPA) and essentially functions as the Town’s Human Resource Director. Her
responsibilities include maintaining job descriptions, recruiting, and ensuring compliance with
personnel policies. She also manages road betterments, the senior and veteran tax work-off
programs, and town meeting warrant production and distribution.
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The Administrative Assistant posts meetings, prepares all meeting documents, takes minutes,
prepares the Town’s annual report, and publishes documents on the Town website. Additionally,
she fields incoming phone calls, manages seasonal permit sales, and interacts with residents when
they walk into the office.
In early 2014, the Select Board appointed a Government Study Committee (GSC) to research,
discuss, and consider potential changes to the Town government’s structure. For this purpose, town
meeting approved funding for a consultant (Edward J. Collins Center) to provide expert analyses. In
July 2016, the Committee issued a report with 24 recommendations, some of which we comment
on in the following recommendations.
Establish a Town Charter and Review Bylaws
The GSC recommended that Brewster consider establishing a town charter, and the Select Board
recently voted to appoint a Charter Study Committee to develop a special act for that purpose.
Unlike the charter process allowed under MGL c. 43B, which sets specific guidelines and time
frames, petitioning the legislature for a special act has no specific requirements. We support the
local movement in this direction. By establishing a charter, the Town can succinctly and clearly
define its government structure, establish the distribution of powers, and delineate lines of
authority.
In conducting its work, we suggest the Committee consider the following:
▪ Approach the process without predetermined outcomes
▪ Seek assistance from Town Counsel or another experienced consultant familiar with
governmental organizations including drafting of charters
▪ Set a timeline for key milestones and report progress to the Select Board
▪ Meet with Department Heads and other local officials
▪ Encourage local input through surveys and public forums
▪ Research and review other Massachusetts town charters
▪ Speak with officials from other communities about their experiences establishing charters8
Ultimately, the Charter Study Committee should be charged to draft the text of a special act and
present it to the Select Board. The Select Board would then put the finalized draft in an article to be
voted on at the next annual town meeting. If approved there, the Town will submit the proposed
special act to the state legislature for review and approval. Local action to adopt a charter through a
special law need not be approved by voters at large after the legislative branch’s enactment in
8 Additional charter information is included in the Appendix
12
order to take effect. However, as a matter of practice, the legislature or town meeting almost
always make special laws to adopt or change a charter contingent on ballot vote approval.
Concurrent with the work of the Charter Study Committee, we recommend Brewster conduct a
comprehensive review of its Town bylaws. Bylaws establish the codes, policies, and procedures
under which the Town operates (e.g., personnel rules, zoning regulations, and health codes). When
a town has a charter, they act as a supplement to it. Many of our recommendations and the GSC’s
would require changes to existing bylaws, and with the possible adoption of a town charter, it
makes sense for the Town to conduct a thorough review of the whole set of bylaws. The process of
establishing or amending bylaws requires only a majority vote of town meeting (and subsequent
submission to the Attorney General’s office), which is substantially less cumbersome than creating
or revising a charter.
Establish a Human Resources Department
Similar to another GSC recommendation, we advise Brewster to consider creating a Human
Resources Department headed by a full-time director. The Town’s largest annual expenditure is its
labor force, including the costs of compensation, fringe benefits, professional development, and
other related expenses. Employees constitute an active investment, and when properly trained,
managed, and deployed, can provide efficient and cost-effective services to residents, businesses,
and visitors. The Town Administrator, Assistant Town Administrator, Treasurer/Collector, Finance
Director, and other local officials all devote considerable time to administering and addressing
human resources concerns. Many people we interviewed cited a rise in employee discontent,
complaints, changing job descriptions, and inconsistent application of collective bargaining
agreement policies and benefits, which have taxed the Town’s resources.
Proper personnel management requires the Town to have a staff member with extensive human
resource management experience and broad knowledge of all local, state, and federal compliance
requirements. As workplace requirements, collective bargaining agreements, and benefit programs
grow in complexity, the Town bears an increasing responsibility to provide proper working
conditions, ensure consistent personnel policies, and meet minimum compliance standards. In
creating this department, the Select Board should consider the Town Hall’s office configuration
since confidentiality concerns require that Human Resource staff have private space to work in.
The Human Resource Director’s duties should include:
▪ Provide timely direction and oversight on employee matters
▪ Develop and administer personnel policies and procedures to ensure consistent
interpretation and application among all Town departments
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▪ Administer employee benefit programs, including health, dental, life, and disability
insurances, unemployment insurance, workers’ compensation, and employee assistance
programs
▪ Maintain employee classification, benefit, and compensation plans
▪ Direct employee recruitment and hiring activities
▪ Coordinate orientation, training, and employee recognition activities
▪ Manage the collection, custody, and compliance reporting of employee data to local,
state, and federal agencies
▪ Assist local officials during collective bargaining negotiations, labor relations issues,
grievances, arbitrations, and disputes
▪ Develop labor cost impact studies, plans, and forecasts
Disband the Personnel Board
We recommend that Brewster disband the Personnel Board and revise its bylaws to remove all
references to it. Existing bylaws currently distribute overlapping personnel responsibilities among
the Town Administrator, Select Board, and Personnel Board. In fact, bylaw Chapter 36, Section 36-3
designates the Select Board to serve as the Personnel Board, so they are presently one and the
same entity. The Personnel Board’s charge also becomes moot if the Town establishes a Human
Resource Director.
Procure Auditing Services
Since 1987, Brewster has contracted with R.E. Brown & Company to annually examine the Town’s
financial statements and compliance with accounting standards. For good reason, it is rare to find a
community having this type of long and continuous 31-year engagement with the same audit firm.
Periodically putting the job out for competitive bidding is a sound procedural control to mitigate the
risk of complacency. It is good practice to seek a fresh look at the Town’s bookkeeping and financial
procedures by qualified new experts.
We therefore echo the advice of the Government Finance Officers Association (GFOA) and
Massachusetts Office of Inspector General9 that communities change their external auditors every
five to eight years. The GFOA also recommends entering into multiyear agreements with audit firms
(or a series of one-year contracts) for terms of at least five years. A multiyear agreement allows for
greater continuity and also enables a new auditor to spread initial start-up costs over multiple years
to thereby potentially reduce costs in the initial years. Thereafter, at the direction of the Select
Board, the Town Administrator should engage in a full competitive selection process and rotation of
9 For guidance, see the Inspector General publication A Local Official’s Guide to Procuring and Administering Audit
Services
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auditors after each multiyear agreement to provide fresh perspective and foster long-term
independence. We also recommend that as part of the required scope of services the auditor issue
a written management letter and present the audit at an exit conference with the Select Board and
members of the public.
Adopt Enterprise Funds for the Water and Golf Operations
We recommend the adoption of enterprise fund accounting for Brewster’s water and golf
operations. The Collins Center provided the GSC some analysis on this question and indicated that
an enterprise fund would especially make sense for the Golf Department, but we believe there are
compelling reasons to convert both water and golf to this form of accounting. The Town should
analyze the current revenue, expenditure, and capital needs of the two funds to make an informed
decision supported by the affected departments.
M.G.L. c 53 § F½ is the statue that allows communities to create an enterprise fund through local
acceptance, and it provides more flexibility and transparency than the enabling statutes currently
providing for the water and golf operations. For the water operation under M.G.L. c. 41 § 69B, the
town must first apply any surplus funds to indirect costs and may then expend surplus on any
needed maintenance, repairs or capital purpose. If any surplus funds still remain, they must be used
to reduce water rates. In the case of the golf operation, M.G.L. c. 40 § 5F requires that any
appropriation be based on the fund’s current account balance, not on anticipated revenues. This
restriction could adversely affect the department’s ability to operate.
Enterprise fund accounting enables a community to identify the total cost of providing a service and
determine if the rates charged are sufficient to cover the cost, providing useful management
information and data tracking for more informative decision making. It allows payments for indirect
costs to flow from the enterprise to the general fund to reimburse the town for the associated costs
of town employees working on enterprise activities. Also, surpluses remain in the fund and may be
used to pay operating, capital, or debt service costs associated with the operation. Additionally,
investment income earned by the particular enterprise fund is retained within the fund to finance
anticipated projects.
A list of communities with golf and water enterprise funds is in the appendix.
Codify the Budget Process in Bylaw
In conjunction with establishing a town charter, we recommend Brewster adopt a bylaw that lays
out the key elements of the budget process, including roles and responsibilities, event calendar,
data collection procedures, and required approvals. A primary policymaking tool, the budget
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reflects a town’s decisions on the allocation of its scarce resources. By codifying the process, a
community can promote year-to-year consistency and inspire confidence among local officials and
residents that decisions are made pursuant to a thoughtful process that endures ev en as elected
and appointed officeholders change.
Among other considerations, a comprehensive budget process bylaw would include the following:
Calendar of events – Working backwards from the date of annual town meeting, set dates for
the key events, beginning with a joint kickoff meeting between the Select Board, School
Committee, and Finance Committee in the early fall to reach consensus on budget guidelines for
the next year. Include deadlines for submitting operational and capital appropriation requests
and the consequences for late submission. Joint meetings with the Finance Committee,
Department Heads, and Select Board should also be incorporated into the calendar.
Long-range revenue and expenditure forecasts – Assign responsibility for the timely creation
and presentation of initial projections and for updating data as warranted. This will provide
context for analyzing requests relative to long-term, town-wide goals and incorporating capital
planning.
Linear progression – Outline the procedural flow from initial budget consolidation by the Town
Administrator, to the Select Board’s review and approval, to the Finance Committee’s review
and final recommendations. Provide for budget hearings with Department Heads and for a
public hearing hosted by the Finance Committee.
Town meeting presentation – Assign responsibility for presenting the operating and capital
budgets.
Ongoing review – Require quarterly review of revenue and expenditure reports by the Select
Board and Finance Committee to monitor the budget during the year. This provides the
opportunity to make plans for any necessary corrective actions and to consider advance
forecasting into the next year.
Throughout the budget’s development, it is crucial that officials maintain a strong commitment to
the process, to a high level of communication, and to reaching consensus. There should be an
ongoing exchange of information among officials, particularly as they get deeper into the process,
to attain a unified budget position at town meeting. In addition to a budget process bylaw, we
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encourage local leaders to meet early in the budget year with the Nauset Public Schools Regional
School Committee and the region’s Select and Finance Boards.
Revise the Capital Planning Bylaw
We recommend Brewster revise the current capital planning bylaw to assign oversight of the
Town’s capital program to the Town Administrator. Although bylaw Chapter 12, Article XI provides
for a Capital Planning Committee (CPC), the Committee has been dormant in recent years.
Furthermore, in both practice and per the Town Administrator bylaw, the Town Administrator is
ultimately responsible for assembling the Town’s operating and capital budgets and presenting
them to the Select Board and Finance Committee. In addition, the Town Administrator bylaw
assigns the position with the duty to maintain an inventory of the Town’s capital assets.
Along with spelling out the Town Administrator’s capital planning oversight role, we recommend
that a revised bylaw include the following:
1) Clear definition of capital project based on the years of useful life and dollar cost
2) Criteria for prioritizing capital project requests
3) Maintenance of a capital asset inventory
4) Development of multiyear capital plans
5) Presentation to town meeting of a comprehensive capital budget warrant article and
annual report of the Town’s capital needs
The current CPC bylaw states that the capital plan shall include all projects that cost $10,000 or
more and that the five-year capital report presented to town meeting need only show potential
future projects with cost thresholds of $100,000 or more. To truly comprehend the Town’s capital
needs, it makes sense to present the whole plan. With a comprehensive capital program shaped by
clear, consistent standards and spending priorities, the Town can more effectively direct funds to
identified needs and make strategic plans based on explicit long-term goals.
Determine if a Special Purpose Stabilization Fund for Capital Projects is Needed
By special act in August 2002 (Chapter 210 of the Acts of 2002), the legislature authorized Brewster
to establish a capital investment fund, but the Town has never appropriated to it. We recommend
the Town review the original purpose of the fund to determine if such a fund is still necessary or
desired. Instead of the special act fund, we suggest establishing a special purpose stabilization fund
for capital projects under M.G.L. c. 40, § 5B. An important advantage of adopting this statute is that
it would permit the Town to designate to the fund certain types of revenues, including those from
specified fees and charges such as short-term rental excises. Creating a special purpose fund and
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dedicating a revenue stream to it both require two-thirds town meeting votes. A sample dedication
article and motion are included in the appendix.
Seek Municipal Finance Professional Development and Training
We recommend that Brewster develop a proactive and systematic approach to professional
development and training for the Finance Team and finance-related boards and committees. By
investing time, energy and funds into employee development, the Finance Team can improve
customer service, create efficiencies through appropriate delegation, and provide for succession
planning. Expanding training to related boards and committees fosters the team approach with the
various offices by developing an understanding of their responsibilities and interrelationships.
For the financial departments, we suggest that the Department Heads compile in writing a top-to-
bottom inventory of tasks that must be completed to achieve the department’s objectives, along
with the requisite skills and knowledge to perform them. Department Heads should meet with
employees individually to discuss the breadth of their skills and identify any gaps in the employee’s
knowledge. These meetings can then be used as a basis to develop a roadmap for scheduling
training that will serve as a career ladder to mark progress through an employee’s continuing
educational development. The departments should also dedicate time to hands -on cross-training,
especially in critical areas like payroll processing and interdepartmental reconciliations.
Besides in-house training, we recommend the Town continue to support attendance at conferences
and trainings provided by the associated professional organizations (i.e., Massachusetts Collectors
and Treasurers Association, Massachusetts Accountants and Auditors Association, Massachusetts
Association of Assessing Officers, and their regional counterparts). Likewise, we encourage
attendance at trainings sponsored by the Massachusetts Municipal Association and its organizations
in general and those specifically offered for Select Boards, Town Managers and Administrators, and
Finance Committees. Lastly, training provided by DLS such as the New Officials Finance Forum and
Municipal Law Seminars are a valuable resource for all finance officials. By attending the meetings
and trainings of these groups, officials can gain concrete, functional information, hear about new
practices developing in their fields, and interact with peers to exchange practical tips.
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CONSOLIDATED DEPARTMENT OF MUNICIPAL FINANCE
Subsequent to the GSC’s report recommendation, in the spring of 2017, Brewster adopted bylaw
Article IV, which established a Consolidated Finance Department. Led by a Director of Municipal
Finance, otherwise known as the Finance Director, the department includes the offices of the
Accountant, Treasurer/Collector, Assessor, and Information Technology (IT). All the department’s
employees are appointed by the Town Administrator.
Current Consolidated Finance Department
The accountant’s office has a legal obligation to review Brewster’s financial books and ensure that
proper procedures are maintained. In doing so, the department plays a critical role in the system of
statutory checks and balances established to safeguard local assets. Through the maintenance of
independent records and by following well-defined procedures, the office documents the flow of
money into and out of municipal accounts and manages the system of internal controls established
by state statute to monitor and protect local assets. To fulfill these responsibilities, the staff prepare
Finance Director/Town Accountant
Assistant Town Accountant
Treasurer/Collector
Assistant Treasurer/Collector
Sr. Department Assistant (Payroll & Benefits)
Department Assistant (Treasurer/Collector)
Deputy Assessor
Sr. Department Assistant (Assessing)
Information Technology Coordinator
Town Administrator
Voters
Select Board
Assessors Board
Consolidated Finance Department
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payroll and vendor warrants, maintain a general ledger (in which receipts, expenditures, and other
Town financial activity are recorded), and reconcile cash, receivables, and debt with the
Treasurer/Collector.
The Finance Director, who also functions as Town Accountant, is a senior-level manager and
custodian of the financial records, supervises the administration of the Assessors’ and
Treasurer/Collector’s offices, and plays a central role in the development of the annual operating
budget by providing support for analyses, forecasts, and projections. Currently the position is filled
temporarily with the retired Finance Director until a new director is hired. The office also includes a
long-term (30-year), full-time Assistant Town Accountant. Both individuals regularly participate in
professional development offered by the Massachusetts Municipal Auditors and Accountants
Association (MMAAA) and other regional municipal associations.
The Finance Director coordinates the preparation of the annual tax recapitulation sheet (tax recap)
and produces the annual Schedule A and year-end balance sheet submittals required for free cash
certification. The Assistant Town Accountant’s primary responsibilities include preparing the weekly
accounts payable warrant, monitoring compliance with procurement procedures, maintaining the
attendance database, and verifying payroll file transmissions. While the Assistant Town Accountant
is very organized and performs her duties with precision, many of these daily and weekly routines
are very labor-intensive and not well documented. Additionally, there is no other employee cross -
trained to fulfill her duties when she is out of the office, which restricts her ability to take time off.
As the Town’s cash manager, the Treasurer has custody of all municipal funds, issues debt, posts
and deposits town receipts into appropriate bank accounts, and monitors balances to ensure that
sufficient funds are available to cover obligations. Additionally, the Treasurer maintains the cash
book, debt schedules, check registers, and tax title and foreclosure accounts. As a financial control,
the Treasurer is obligated to reconcile cash balances, debt, and payroll deductions on a regular
basis both internally and with the accounting office. Brewster’s payroll and employee insurance
benefits are also handled through this department.
The Collector issues bills for real and personal property taxes, motor vehicle excise and boat excise,
betterments, and makes certain that collections are properly received, counted, and posted to
payer accounts. The Collector maintains a receivable control that is reconciled regularly with the
Accountant’s records. Looking out for the Town’s best interest and fairness to all taxpayers, the
Collector pursues delinquent accounts and places them into tax title and eventually into
foreclosure.
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In Brewster, treasury and collection functions are combined into one office led by a full-time
Treasurer/Collector, who has been with the Town for over 15 years. The incumbent is certified for
both roles by the Massachusetts Collectors and Treasurers Association (MCTA) and with her human
resources background, she manages a well-run, professional office. She supervises a staff of three: a
full-time Assistant Treasurer/Collector, a Senior Department Assistant, and a Department Assistant.
The Assistant Treasurer/Collector is generally responsible for the daily collections process, including
weekly reporting of revenues to the Accountant and reconciling receivables, and she also functions
as the Treasurer/Collector in her manager’s absence. The Senior Department Assistant handles
payroll and human resource-related matters, and the Department Assistant primarily provides
customer service, including receiving tax and other payments made at the window and turnovers
from departments, although preparing municipal lien certificates and processing the mail are also
her responsibility. All members of the department participate in professional development
opportunities offered by the MCTA, MMPA, and other regional municipal associations.
For the last few years, the Treasurer/Collector has maintained a property tax collection rate of over
98%. Along with employing the services of a Deputy Collector and tax title attorney, the
Treasurer/Collector makes every effort to collect on outstanding taxes before advancing any prior
year unpaid balances into tax title. The Treasurer/Collector’s outstanding collection rate and
carefully monitored cash flow provide sufficient liquidity and investment of the Town’s funds.
As the office’s roles and responsibilities have been defined, there is proper segregation of duties
providing suitable internal controls. Daily, weekly, and monthly procedures are well documented
and followed evidenced by the timely updating of the Treasurer’s cash book, recording and
depositing turnovers, and funding payroll and vendor warrants. Reconciliations, both within the
department and with the Accountant’s office are completed on a regular basis, without significant
variances. The current office staff takes their responsibilities very seriously, understanding the role
they provide interfacing with taxpayers. They describe a positive office environment, one that is
proactive in looking for ways to be more efficient and effective.
The assessing office is responsible for valuing all real and personal property in Town and generating
the commitments authorizing the Treasurer/Collector to collect real estate taxes, betterments, and
motor vehicle and boat excises. The Assessors annually review property assessments to ensure they
reflect full and fair cash value so residents are taxed equitably and accurately. Subject to the
approval of the Board of Assessors, the Deputy Assessor sets the annual overlay amount, provides
information for tax classification hearings and the tax recap, and makes decisions on all abatement
applications and property tax exemptions. Other duties of the Assessors’ office include updating tax
maps and deed transfer information and responding to public inquiries. The office also shares
21
responsibility with the Town Administrator and Treasurer/Collector offices for the various
betterments processes which includes reviewing applicable municipal lien certificates.
The full-time Deputy Assessor was appointed in August 2017 and is accredited by the
Massachusetts Association of Assessing Officers. He receives support from a full-time Senior
Department Assistant, who handles customer service issues and prepares motor vehicle excise
commitments and abatements. Performing required statutory duties is an appointed three-member
Board of Assessors. As with the other financial offices, staff professional development is ongoing
with the association.
Brewster contracts with PK Valuation Group to maintain the computer assisted mass appraisal
system, perform cyclical revaluation work, compile data of residential sales and permit inspections,
and determine personal and commercial property valuations. The current process for conveying
permit information between the building department and assessing office is effective but paper-
based. To increase efficiency, the Town is in the process of developing electronic permitting
capability. The office offers Geographical Information System (GIS) mapping through PeopleGIS,
which is supported by the IT Department on a limited basis. Without a dedicated IT resource, the
Assessors (and other departments, such as planning and public works) are not able to fully utilize
this software.
Clarify the Reporting Structure of the Consolidated Department of Municipal Finance
We recommend Brewster clarify the appointing and reporting relationships in the consolidated
department. By elevating the Finance Director position to a true department head, the position is
granted appointing and managerial authority over all departmental functions and personnel10.
Under bylaw Chapter 21 Article IV, the Finance Director is “responsible for the performance of the
functions of Treasurer/Collector, Accountant, Assessor, and Information Technology.” However, in
October 2017, at the same time that Brewster adopted this bylaw and revised the Town
Administrator bylaw (Chapter 5, Article I, Section 5-5), no change was made to the Town
Administrator’s authority to appoint the Treasurer/Collector and Assessor. Both bylaws should be
revised so that there is no confusion as to whom the individual financial officers report. By
streamlining and clearly defining the organizational structure of the financial offices, the Town
would be able to fully realize the benefits of a consolidated department.
The main purpose for having a finance department is to concentrate responsibility for the execution
of the Town’s day-to-day, interconnected financial activities in a professional manager well suited
to the task. To do this effectively, the position should be explicitly assigned full managerial oversight
10 Updated consolidated finance department organization chart is included in the Appendix
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over the employees in the department, including all requisite authority to hold them accountable
for work performance. Firmly establishing this framework would enhance coordination, make it
easier to clarify roles and assign tasks, and better promote accountability. In addition, it would help
create a more vertical, government structure in the town overall, thereby reducing the total
number of direct reports to the Town Administrator and freeing up more of his time for other
concerns.
A Finance Director’s overall mission should be to coordinate the Town’s financial management,
monitor its fiscal health, and analyze data for long-range planning. In addition to supervising and
directing the activities of finance department managers, the officeholder should assist the Town
Administrator and other Department Heads with budgets, capital planning, and the tracking of
revenues and expenditures. As the Town seeks to hire a new director, we suggest the position’s
duties should include:
▪ Ensure timely compliance with internal and external reporting
▪ Facilitate the annual audit engagement and develop and monitor corrective action plans
▪ Assist the Town Administrator in preparing multiyear revenue and expenditure forecasts
▪ Monitor progress of capital projects
▪ Provide periodic and ad hoc fiscal analysis to departments, boards, and committees
▪ Participate in collective bargaining
▪ Compile personnel costs for the annual budget
▪ Assure timely and accurate free cash certification and tax recap submissions to DLS
Conduct a Workflow Analysis and Create a Procedures Manual
We recommend the Finance Director conduct a workflow analysis to review all departmental
procedures, with a focus on using currently available technology to maximize efficiencies and
reduce duplicative tasks. The accounting office, in particular, has some outdated, time- and labor-
intensive practices entrenched in its day-to-day routines, making it difficult to allocate time for
training and professional development. Processes worthy of review include multiple payroll
verifications in the Treasurer/Collector’s and Accountant’s offices, duplicative information on the
invoices and Excel schedules of bills payable provided by Department Heads, and the handwritten
log of all journal entries being maintained alongside of a system-generated transaction log and
hard-copy printout.
Complementing the workflow review should be the creation of a manual encompassing all the key
procedures of the Finance Department. This task will take considerable effort and should be
approached in stages, beginning with the department’s most high risk activities. The manual should
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be designed so that any new staff who start working in the department can quickly learn what they
need to do. As important, the manual should explicitly highlight internal controls and how they are
expected to function. Internal controls refers to a system of measures designed to mitigate the risks
that an operation’s objectives will not be achieved, which includes assuring the reliability and
accuracy of financial accounting activities. These controls, which can be preventative or detective,
include examples such as segregation of duties, approvals, authorizations, verifications, physical
asset security, reconciliations, inventories, as well as policies and procedures themselves.
As initial efforts are being made to standardize various policies, documenting a detailed list of
responsibilities that each staff member completes on an ongoing basis is the next step. T he process
of creating manuals can help discover redundant controls and to make risk assessment decisions on
the cost of sustaining particular controls or adding new ones. A well-conceived procedures manual
not only provides guidance on a host of financial management activities and reinforces internal
controls; it serves as a valuable tool for any staff to reference procedures, helps maintain services
when there are unexpected employee absences, facilitates employee time-off, and supports the
training of new hires.
Expand Remote Data Entry
We recommend the Town expand remote entry capability to all departments. With proper training,
departmental staff could be given responsibility for data entering their vendor bills into VADAR. As
systems upgrade, this could be expanded to include payroll information and receipts as well. This
would distribute the burden of data entry without weakening financial controls. The Accountant’s
or Treasurer’s staff would match the departments’ electronic submissions against their submitted
back-up documents before accepting and posting the data to the appropriate system (e.g., warrant,
general ledger, or cash book).
Shift Water Department Collection to Collector’s Office
We recommend the Town shift responsibility for collecting water fees to the Treasurer/Collector’s
office. With this change, the Water Department would commit water bills to the Treasurer/
Collector, who would subsequently transmit a bill file to the appropriate billing vendor. The bills
would list the Treasurer/Collector’s office as the remittance address and Treasurer/Collector staff
would process the receipts. The Town should analyze the current workflow, personnel time and
costs, and Town and customer impact to make an informed decision that is supported by the
affected departments and personnel.
Currently, Water Department clerks assign charges to almost 7,000 water accounts, print the bills,
and then receive and process the receipts. They post the payments to the Billmaster Utility billing
24
system and subsequently turn over the collections to the Treasurer/Collector. Shifting the collection
function into the Treasurer/Collector’s office will improve the Town’s financial management in
numerous ways, including the reconciliation of outstanding invoices. It will decrease the number of
departments that handle and transport receipts, which will strengthen financial control by
centralizing cash management. In addition, processing all major receipts in one office will allow the
Treasurer/Collector to review billing procedures and suggest ways to adjust billings and distribute
workloads more evenly. Finally, it will establish an important check and balance by segregating the
assessment of charges from the collection of payments for those charges.
INFORMATION TECHNOLOGY
The management of information technology (IT) is a central component of modern day municipal
government. As technology continues to advance, so does the investment in both time and financial
resources necessary to manage and maintain computer systems. Today, IT managers must ensure
that various hardware components such as town servers are running properly and that critical data
is backed-up on a routine schedule. They maintain and monitor system performance so it is
continually available to users. The department also investigates, purchases, and installs new
software and/or upgrades to existing applications. Additional responsibilities include providing
helpdesk support for general technology-related issues or problems, acting as a liaison between
vendors and Town officials, supporting the Town’s website, and coordinating the development of
town-wide technology related policies and procedures.
Brewster’s IT Department staff is one full-time Information Technology Coordinator within the
Consolidated Finance Department. She supports the computer and technology usage throughout
Town government, excluding the Elementary School Department. This includes 150 users and over
100 desktops and laptops, 15 physical and virtual servers dedicated to accounting, payroll,
permitting, document management, backup, and departmental management, and the Town’s
website consisting of over 500 separate pages and a public records portal offering over 44,000
minutes, agendas, applications, reports, and other documents.
The following table lists all the software systems that support financial transactions in Brewster.
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Department Primary Systems Observations
Assessing ▪ PK system for computer-assisted
mass appraisal system (real estate
and personal property)
▪ VADAR for motor vehicle and boat
excise, as well as abatements and
exemptions of receivables
PK transfers tax levy commitment
information to VADAR by electronic
interface
Collections ▪ VADAR for property tax and excise
billing and collections and for
municipal lien certificates
▪ Invoice Cloud for online payments
(both Town and water)
PK system interfaces with VADAR
Collections and Water Department use
Invoice Cloud independently
Treasurer/Collector reconciles both
records with bank activity
Treasury ▪ Excel for cash book and treasury
receipts
▪ VADAR tax title module
▪ Sage/Abra Payroll Services
▪ Paper time sheets
There is no integration of VADAR’s
Collections records with the treasury
receipts
Treasurer module for maintaining tax
title accounts
There is no integration between Abra
and VADAR’s general ledger (GL)
Duplicative data entry is required to
record transactions in both systems
Sage/Abra has functions available to
track critical information, like emergency
contact, dependent, beneficiary,
education, certification, accident
reporting, and other comprehensive
data needed for compliance
requirements but they are not used
Water
Department
▪ Billmaster for billing and collecting
water charges
No interface with treasury receipts
26
Department Primary Systems Observations
Accounting ▪ VADAR for GL, financial reporting,
and accounts payable
▪ Manual (paper) reconciliations
VADAR’s GL is not integrated with any
other software applications, such as
accounts receivable or payroll
Some departments use remote entry for
invoices
VADAR Bridge (integrated cash module)
is available but not used
Best practice is to have formal
reconciliation signoffs
School Business
Office
▪ SoftRight for accounts payable
invoice tracking
School enters invoices in SoftRight for its
budget monitoring
Town Accountant enters the same data
into VADAR for warrant processing
Reposition the IT Department
We recommend moving the IT Department out from the within the Finance Department to
strengthen town-wide IT coordination and internal controls.11 The efficiency and effectiveness of
town operations as a whole depends on maximizing the potential of the Town’s computer network
hardware and software while still focusing on cost-effectiveness. Therefore, the IT needs of all
Town departments would be best served by an IT Director who holds a more global, senior-level
management position reporting directly to the Town Administrator.
Additionally, the best control environment entails positioning the IT Director apart from those
responsible for day-to-day financial transactions. This officeholder should be the person in Town
with administrator rights for all systems, including being the gatekeeper for all user profiles with
their particular edit or read-only permissions. Segregating this oversight from department managers
is an effective means to deter fraud, safeguard data integrity, and ensure employee accountability.
Making this change will codify the current practice of the IT Coordinator reporting directly to the
Town Administrator and eliminate any confusion regarding segregation of duties.
Explore Software Upgrades
We recommend the Town perform a comprehensive reevaluation of its financial goals and whether
existing software adequately meets the needs. Earlier decisions to maintain standalone software
packages that are either not compatible or fully integrated with each other may have at the time
11 An updated Finance Department organizational chart is included in the Appendix.
27
provided certain checks and balances, a sense of financial integrity, or particular efficiencies.
Current available software, with either more compatible applications or even a single integrated
system, might address those concerns and permit departments to more easily share data, reduce
data entry errors, and eliminate duplicative data entry.
The Treasurer/Collector does not use the treasury module to interface with the Accountant’s
VADAR software, and therefore both offices manually enter all town receipts each month. While
the Sage Abra payroll system has interface capabilities, it is used as a standalone system . The Water
Department has a billing and collection system separate from the Finance Department.
Although the current VADAR system can detect duplicate accounts payable invoices, one of the
stated reasons for the lack of widespread remote data entry is the concern of paying bills more than
once. An upgraded system could possibly provide greater insurance against entering duplicate
invoices along with streamlined budget data-entry and document handling technology to reduce
time, cost, and waste. A software evaluation committee chaired by the Town Administrator and
consisting of the Finance Team and IT Coordinator could be formed to explore options.
Implement a Human Resource Information System
As part of a complete review for establishing a Human Resources Department with a HR Director,
we further recommend that the Town implement a human resource information system (HRIS) to
manage and report the complex data required by federal, state, and local agencies and to mitigate
the risks presented by incomplete recordkeeping. To mitigate various risks and avoid significant
penalties, personnel management not only requires highly trained staff but also adequate
employee tracking systems to maintain complete and accurate personnel records, develop and
implement consistent employee policies, and report required data to regulatory agencies. The
Town may consider the possibility of fully utilizing the HR capabilities in the current payroll system
as well as conduct an assessment to replace it with an integrated payroll/HRIS. In either case,
interfacing with the accounting financial system should also be explored.
Maintain Vigilant Cybersecurity Awareness
Cybersecurity, which refers to measures employed to protect computer networks, programs, and
data against unauthorized access or attacks, is critical to the Town’s operational continuity and a
vital component of the IT Coordinator’s responsibilities. Cyberattacks are aimed at accessing,
changing, or destroying information, extorting money, or interrupting normal business processes.
Weaknesses in cybersecurity can also expose the Town to significant penalties and potential
lawsuits for failure to protect confidential data.
28
In Brewster, the IT Coordinator maintains a vigorous cyber protocol throughout the Town’s
network, email, and remote offices and all devices that includes continual monitoring of systems
and system reports. The network has a robust firewall with advanced intrusion protection scanning
all traffic in and out with multiple anti-virus products. Redundant email protections are in place to
protect the system against unauthorized access and attacks, along with the utilization of hosting
service to block phishing schemes and malware. All workstations, remote offices, and laptops are
well-managed with anti-malware/anti-virus systems, require encryption, and are subject to the
same network scrutiny. Multiple redundant backups both on and off site of all servers are
maintained, with regular testing to restore data. To mitigate risk, the IT Coordinator is in the
process of implementing new written employee policies and conducting ongoing cyber training.
We include cybersecurity in the recommendations to draw attention to its vital importance. The IT
Coordinator has implemented a forceful cyber defense; however, security risks are continually
evolving and require a proactive approach. The extent of time, resources, and investment required
to be dedicated to cybersecurity should not be underestimated.
29
APPENDIX
Brewster Town-wide Organization Chart
Constable
Historic District Committee
▪ Assistant Town Administrator (2)
▪ Council on Aging Director ▪ Animal Control
▪ Public Works Superintendent
▪ Water Department Superintendent
▪ Recreation Director
▪ Deputy Assessor
▪ Information Technology Coordinator
▪ Treasurer/Collector
▪ Building Commissioner
▪ Gas/Plumbing Inspector
▪ Conservation Agent
▪ Natural Resources Director
*Currently active committees.
**The Community Preservation Committee - 9 members: 4 appointed by the Select Board and one member designated
by each of the following: Conservation Commission, Planning Board, Brewster Historical Commission, Housing Authority
and Recreation Commission.
Finance Committee
Board of Selectmen
VOTERS
▪ Zoning Board of Appeals
▪ Director of Golf Operations
▪ Planner
▪ Veteran's Agent
▪ All Citizens Access
▪ Bikeways Committee
▪ Brewster Affordable Housing Trust
▪ Building & Needs Assessment
▪ Cable Television Advisory
▪ Cape Cod Regional Transit Authority
▪ Coastal Committee
▪ Conservation Commission
▪ Council on Aging
▪ Cultural Council
▪ Historical Commission
Board of Health
▪ Police Chief
▪ Board of Assessors
Board of Library Trustees
Town Administrator Public Safety
▪ Fire Chief/Emergency Mgmt
▪ Agriculture Commission
Brewster School Committee Other Board of Selectmen Appointments*
Boards and Committees Moderator
Recreation Commission
Planning Board
▪ Cemetery Commission
▪ Cape Cod Commission (1)
Housing Authority
Nauset Reg Sch District Comm (4)
▪ Capital Planning Committee
Administration
Consolidated Finance Department
▪ Finance Director/Town Accountant
▪ Brewster Vision Advisory Committee
Advisory Board (1)
▪ Housing Partnership
▪ Energy Committee
▪ Community Preservation Committee**
Land Use/Inspections
▪ Wiring Inspector
▪ Golf Commission
▪ Dog Park Development Committee
▪ Town Counsel
▪ Water Commission
▪ Water Quality Review Committee
▪ Millsites Committee
▪ Open Space Committee
▪ Pleasant Bay Alliance
▪ Registrar
▪ Town Clerk
30
Proposed Consolidated Finance Department Organization Chart
Assistant Town Accountant
Treasurer/Collector
Assistant Treasurer/Collector
Sr. Department Assistant (Payroll & Benefits)
Department Assistant (Treasurer/Collector)
Deputy Assessor
Sr. Department Assistant (Assessing)
Assessors Board
Finance Director/Town Accountant
Voters
Select Board
Consolidated Finance Department
Information Technology Director
Town Administrator
31
Examples of Previous and Current Government Review Committees and Comparable
Communities
Amherst Charter Commission, 2018
https://www.amherstma.gov/2248/Charter-Commission
https://www.masslive.com/news/index.ssf/2018/03/amherst_charter_vote_results_2018.html
Framingham Charter Commission, 2017
http://www.framinghamma.gov/2067/Charter-Commission
North Attleborough Charter Commission, May 2018
https://www.nattleboro.com/charter-commission/news/may-2018-charter-commission-preliminary-report
Westborough Charter Review Committee
https://www.town.westborough.ma.us/town-clerk/events/30183
https://www.town.westborough.ma.us/town-manager
Wrentham Town Government Study Committee, 2014
http://www.wrentham.ma.us/boards-committees/wrentham-ma-board-of-selectmen/tgsc
32
Comparable Communities
City/Town County 2015 Population
2018
Average Single
Family Tax Bill
2015
DOR Income
Per Capita
2016 EQV
Per Capita Land Area FY2018 Total
Budget
FY2018 Total
Assessed Value
R/O % of
Total Value
FY2018 Total Tax
Levy
R/O % of
Total Levy
Brewster Barnstable 9,918 4,219 32,143 374,075 22.9 52,505,673 3,819,923,720 94.5 31,552,570 94.5
Abington Plymouth 16,227 6,113 34,342 116,975 9.7 58,207,580 1,977,712,400 87.4 35,242,835 87.4
Acushnet Bristol 10,477 4,029 29,416 106,162 18.4 32,399,384 1,152,639,265 90.6 17,062,788 88.3
Boxford Essex 8,253 10,092 104,605 213,178 23.6 35,590,134 1,763,654,655 97.0 28,571,205 97.0
Carver Plymouth 11,629 5,206 29,476 107,380 37.4 47,774,889 1,288,013,270 81.4 24,988,866 74.0
Chatham Barnstable 6,143 4,462 56,654 1,073,316 16.1 48,758,139 6,767,129,050 93.3 32,955,918 93.3
Dennis Barnstable 14,005 2,810 32,046 479,573 20.5 61,385,689 6,669,724,660 92.3 42,286,054 92.3
Dover Norfolk 5,961 14,670 214,886 425,376 15.1 39,024,234 2,498,440,838 97.1 32,079,980 97.1
East Bridgewater Plymouth 14,343 5,844 32,092 110,710 17.2 52,021,741 1,634,125,080 89.2 29,348,886 89.2
Fairhaven Bristol 16,140 3,205 27,423 125,283 12.3 60,941,615 2,047,117,260 84.8 27,795,589 73.4
Freetown Bristol 9,179 4,114 33,919 140,856 34.5 26,621,137 1,318,756,110 79.4 19,751,881 70.6
Georgetown Essex 8,584 6,752 47,302 142,244 12.9 34,227,813 1,281,049,282 91.3 20,343,063 91.3
Groton Middlesex 11,296 8,002 68,739 145,714 32.8 42,122,208 1,668,133,803 94.1 31,144,058 94.1
Hamilton Essex 8,179 9,187 66,838 179,474 14.2 32,887,567 1,578,350,094 95.2 25,600,839 95.2
Holbrook Norfolk 11,050 5,843 29,206 102,161 7.3 46,620,916 1,202,398,242 86.2 27,831,012 77.0
Hull Plymouth 10,491 5,606 37,180 198,544 2.8 45,893,826 2,117,744,590 95.7 28,420,132 95.7
Ipswich Essex 13,804 7,332 48,008 194,297 32.1 59,787,177 2,808,621,152 89.4 39,994,765 89.4
Kingston Plymouth 13,301 6,279 39,718 137,309 18.7 57,250,527 1,965,846,163 87.4 32,338,169 87.4
Lincoln Middlesex 7,491 15,629 121,195 286,860 14.2 39,545,552 2,116,457,949 96.5 29,099,955 95.5
Lynnfield Essex 12,761 8,674 75,692 237,683 9.9 59,674,861 3,076,618,902 85.9 43,778,411 83.0
Mattapoisett Plymouth 6,267 6,306 56,676 273,330 17.4 33,064,677 1,718,098,797 93.6 22,369,646 93.6
Maynard Middlesex 10,676 7,440 37,389 125,359 5.2 49,248,975 1,289,112,607 89.1 30,376,658 85.6
Middleton Essex 9,738 8,082 49,275 196,860 13.5 36,679,538 1,980,480,580 83.0 27,647,509 83.1
Millis Norfolk 8,169 6,900 41,178 142,865 12.0 34,022,711 1,160,779,300 90.0 20,917,243 90.0
Norfolk Norfolk 11,908 8,432 51,131 144,003 14.9 43,618,357 1,665,413,394 92.2 31,009,997 92.2
Norwell Plymouth 10,984 10,193 89,034 233,974 20.9 58,532,338 2,634,342,866 85.6 43,045,162 85.6
Orleans Barnstable 5,846 5,200 50,677 682,347 14.1 37,746,101 3,963,296,600 92.3 26,276,656 92.3
Rehoboth Bristol 12,008 4,603 42,310 147,359 46.9 29,620,110 1,822,690,885 91.6 21,817,610 91.6
Rockport Essex 7,206 6,329 46,586 270,786 7.0 36,293,592 2,154,384,450 94.7 21,780,827 94.7
Salisbury Essex 9,261 4,358 27,007 182,549 15.4 32,317,640 1,735,216,906 82.7 20,440,855 82.7
South Hadley Hampshire 17,743 4,361 30,266 85,281 17.7 50,016,073 1,542,235,758 91.4 27,205,039 91.5
Stow Middlesex 7,125 9,657 67,147 180,442 17.3 33,247,901 1,246,517,591 91.3 26,151,939 91.3
Swansea Bristol 16,387 3,868 32,374 130,007 22.7 48,069,531 2,123,582,150 85.0 32,485,132 76.7
Topsfield Essex 6,529 10,122 77,781 207,350 11.9 31,348,967 1,362,278,394 92.7 23,649,153 92.7
Tyngsborough Middlesex 12,267 6,166 40,962 124,386 16.8 46,003,959 1,577,966,795 87.4 26,999,012 87.4
Westport Bristol 15,814 3,304 37,345 200,007 49.8 42,363,143 3,207,982,982 92.5 26,209,221 92.5
Whitman Plymouth 14,849 4,687 29,722 101,048 6.9 37,817,809 1,525,857,032 87.4 24,428,971 87.4
33
Comparable Communities
City/Town
Free Cash
Amount as of
7/1/2017
FY17
Stabilization
Fund
Moody's
Bond Rating
S&P
Bond
Rating
CEO BOS Town
Meeting
Finance
Head Treasurer/ Collector Charter
Brewster 2,905,830 2,064,083 AAA Town Administrator 5 OTM FD Appointed
Abington 1,956,315 1,436,610 AA Town Manager 5 OTM Appointed 43B Charter 2004 (as amended)
Acushnet 2,078,886 1,696,590 AA Town Administrator 3 OTM FD Appointed 43B Charter 1971 (as amended)
Boxford 3,420,347 793,268 Aa1 AAA Town Administrator 5 OTM FD Appointed
Carver 2,956,900 2,879,319 AA Town Administrator 5 OTM Appointed
Chatham 3,014,245 1,826,370 Aa2 AAA Town Manager 5 OTM FD Appointed 43B Charter 1995 (as amended)
Dennis 3,843,616 3,487,300 AAA Town Administrator 5 OTM Appointed
Dover 8,139,482 886,721 Aaa Town Administrator 3 OTM Appointed
East Bridgewater 1,913,587 6,470,947 Aa3 Town Administrator 3 OTM Appointed
Fairhaven 5,068,586 3,254,710 Aa2 Town Administrator 3 RTM T/C Appointed
Freetown 1,559,694 3,808,831 AA+Town Administrator 3 OTM Appointed
Georgetown 473,860 936,979 Aa2 Town Administrator 5 OTM FD Appointed
Groton 1,219,850 2,340,549 AAA Town Manager 5 OTM Appointed c 81 Acts of 2008
Hamilton 2,890,774 1,799,008 Aa2 AAA Town Manager 5 OTM FD Appointed c 114 Acts of 2009*
Holbrook 1,448,638 1,904,819 A2 AA-Town Administrator 5 OTM Elected
Hull 1,703,760 414,670 AA Town Manager 5 OTM Appointed c 8 Acts of 1989
Ipswich 1,594,316 2,360,611 Aa2 AAA Town Manager 5 OTM FD Appointed c 620 Acts of 1966
Kingston 2,709,706 2,216,656 Aa2 AA+Town Administrator 5 OTM Elected (Separate)
Lincoln 5,084,978 - AAA Town Administrator 3 OTM Appointed
Lynnfield 2,757,692 1,335,050 AA+Town Administrator 3 OTM Appointed 43B Charter 1971 (as amended)
Mattapoisett 1,109,177 2,772,899 AAA Town Administrator 3 OTM Appointed
Maynard 1,326,652 5,334,942 Aa3 Town Administrator 5 OTM Appointed 43B Charter (as amended)
Middleton 1,997,831 1,779,387 Aa2 Town Administrator 5 OTM CFO Appointed 43B Charter 1974 (as amended)
Millis 1,049,003 1,073,050 Aa3 Town Administrator 3 OTM FD Appointed charter
Norfolk 1,552,778 1,155,421 Aa3 AA+Town Administrator 3 OTM FD Appointed
Norwell 2,259,358 2,833,023 AAA Town Administrator 5 OTM FD Appointed 43B Charter 2012 (as amended)
Orleans 2,581,494 134,432 AAA Town Administrator 5 OTM FD Appointed 43B Charter 1988 (as amended)
Rehoboth 1,780,635 2,258,945 Town Administrator 5 OTM Elected (Separate)
Rockport 913,937 1,766,192 AA+Town Administrator 5 OTM Appointed
Salisbury 1,607,637 558,365 Aa3 AA Town Manager 5 OTM FD Appointed 43B Charter 1989 (as amended)
South Hadley 1,973,540 1,646,688 Aa2 Town Administrator 5 RTM Appointed
Stow 2,266,676 944,882 AAA Town Administrator 5 OTM Appointed Charter 1991
Swansea 4,782,248 2,006,469 AA Town Administrator 3 OTM Elected
Topsfield 1,611,613 1,269,163 Aa2 Town Administrator 5 OTM Appointed
Tyngsborough 2,018,870 1,765,020 Aa3 Town Administrator Appointed
Westport 1,342,338 887,204 Aa3 Town Administrator 5 OTM Elected (Separate)
Whitman 1,123,287 2,582,928 Aa3 Town Administrator 5 OTM Appointed
34
Sample: Dedication of Revenues to a Stabilization Fund Acceptance Legislative Body Vote
ARTICLE. To see if the town will vote to accept the fourth paragraph of Massachusetts General Laws
Chapter 40, Section 5B, which allows the dedication, without further appropriation, of all, or a
percentage not less than 25 percent, of particular fees, charges or receipts to a stabilization fund
established under Massachusetts General Laws Chapter 40, Section 5B, to be effective for the fiscal
year beginning on July 1, _______, or take any other action relative thereto.
MOTION. Moved that the town accept the fourth paragraph of Massachusetts General Laws
Chapter 40, Section 5B, which provides for the dedication, without further appropriation, of all, or a
percentage not less than 25 percent, of particular fees, charges or receipts to a stabilization fund
established under Massachusetts General Laws Chapter 40, Section 5B, to be effective for the fiscal
year beginning on July 1, _______.
35
Communities with Enterprise Funds
Golf Enterprise Funds
As of Fiscal Year 2019
Community FY2019 Budget GF Subsidy
Amount
Abington 29,780 0
Acushnet 1,464,070 0
Agawam 522,391 4,282
Auburn 375,229 0
Barnstable 3,545,757 190,012
Beverly 438,152 0
Braintree 1,586,992 194,459
Bridgewater 1,407,205 0
Brookline 1,772,700 0
Chelmsford 116,500 0
Gardner 819,380 0
Hingham 2,123,677 133,302
Ludlow 769,060 0
Lynnfield 950,000 0
Natick 729,219 270,000
North Reading 1,584,438 0
Peabody 1,550,800 0
Sandwich 977,466 0
Scituate 1,225,860 0
South Hadley 1,206,895 637,890
Stoughton 218,720 58,286
Taunton 15,000 0
Westborough 501,842 0
Worcester 1,368,701 200,000
Yarmouth 3,366,600 364,040
36
Water Enterprise
Funds
Agawam
Amesbury
Amherst
Andover
Ashburnham
Ashland
Athol
Attleboro
Ayer
Barnstable
Barre
Bellingham
Belmont
Beverly
Billerica
Blandford
Bridgewater
Brockton
Canton
Carver
Carver
Charlton
Chelsea
Cheshire
Cohasset
Danvers
Dartmouth
Dracut
Dunstable
Duxbury
East Bridgewater
East Longmeadow
Easton
Egremont
Erving
Essex
Fairhaven
Fall River
Fitchburg
Foxborough
Franklin
Gardner
Georgetown
Gloucester
Gosnold
Greenfield
Groton
Groveland
Hadley
Halifax
Hamilton
Hamilton
Hanover
Harwich
Haverhill
Holbrook
Holliston
Hopedale
Hopkinton
Ipswich
Kingston
Lancaster
Lee
Lenox
Lexington
Lincoln
Littleton
Longmeadow
Lowell
Lunenburg
Manchester By The
Sea
Mansfield
Marblehead
Marion
Marshfield
Mattapoisett
Maynard
Medfield
Medford
Medway
Melrose
Merrimac
Middleborough
Milford
Millis
Milton
Monson
Nantucket
Nantucket
Needham
New Bedford
Newburyport
Norfolk
Norfolk
North Andover
North Attleborough
North Brookfield
North Reading
Northampton
Northborough
Northbridge
Norton
Orange
Oxford
Paxton
Pembroke
Pepperell
Pittsfield
Plymouth
Provincetown
Quincy
Randolph
Reading
Reading
Rockport
Rowley
Rutland
Salisbury
Saugus
Scituate
Sharon
Somerville
Southampton
Southbridge
Spencer
Sterling
Stoneham
Stoughton
Swampscott
Taunton
Tewksbury
Tisbury
Tisbury
Topsfield
Townsend
Upton
Uxbridge
Wakefield
Walpole
Waltham
Ware
Watertown
Wayland
Webster
Wellesley
Wellfleet
West Bridgewater
West Newbury
West Springfield
West Stockbridge
Westborough
Westfield
Westford
Westminster
Weston
Westport
Weymouth
Whately
Wilbraham
Williamsburg
Williamstown
Winchendon
Worcester
37
ACKNOWLEDGMENTS
In preparing this review, DLS spoke with the following persons:
Cindy Bingham, Chair, Select Board
Dave Whitney, Select Board
Mark Forest, Interim Town Administrator
Charlie Sumner, Former Town Administrator
Susan Broderick, Assistant Town Administrator
Donna Kalinick, Assistant Town Administrator
Carrie Guiliano, Assistant Treasurer/Collector
Megan Downey, Senior Department Assistant (Treasurer/Collector)
Lisa Vitale, Treasurer/Collector
James Gallagher, Deputy Assessor
Michael Fitzgerald, Chair, Finance Committee
Harvey Pete Dahl, Finance Committee
Lisa Souve, Former Finance Director
Ann Christen, Assistant Town Accountant
Mark O’Brien, Director of Operations (Golf)
Paul Anderson, Superintendent Water Department
Sherry Theuet, Administrative Supervisor, Deputy Collector Water Department
Barbara Costa, Consultant, The Abrahams Group
Town of Brewster Financial Policies
FINANCIAL RESERVES
PURPOSE
To help the Town stabilize finances and maintain operations during difficult economic periods, this
policy establishes prudent practices for appropriating to and expending reserve funds. To best plan
for long-term financial sustainability, Brewster can use its reserves to finance emergencies and other
unforeseen needs, to hold money for specific future purposes, or, in very limited instances, to serve
as revenue sources for the annual budget. Reserve balances and related policies can also positively
impact the Town’s credit rating and consequently its long-term cost to fund major capital projects.
APPLICABILITY
This policy pertains to the short- and long-range budget decision-making duties of the Select Board,
Town Administrator, Finance Committee, Water Commission, and Golf Commission. It also applies to
the related job duties of the Finance Director and Board of Assessors.
POLICY
The Town is committed to building and maintaining its reserves so as to have budgetary flexibility for
unexpected events and significant disruptions in revenue-expenditure patterns and to provide a
source of available funds for future capital expenditures. The Town will strive to maintain overall
general fund reserves in the level of twelve to twenty percent (12-20%) of the annual operating
budget. Adherence to this policy will help the Town withstand periods of decreased revenues and
control spending during periods of increased revenues. There are multiple types of reserves,
including free cash, stabilization funds, special revenue fund reserve balances, overlay surplus, and
retained earnings (as appropriate).
A. Free Cash
The Division of Local Services (DLS) defines free cash as “the remaining, unrestricted funds from
operations of the previous fiscal year, including unexpended free cash from the previous year.” DLS
must certify free cash before the Town can appropriate it.
To generate appropriate levels of free cash, the Town Administrator will propose budgets with
conservative revenue projections, and department heads will carefully manage their appropriations
in order to produce excess income and budget turn backs. The Town shall set a goal of managing its
budget such that annual free cash balances are certified in the range of five to seven percent (5-7%)
of the annual general fund operating budget.
To the greatest extent possible, the Town will limit its use of free cash to funding one-time
expenditures (such as capital projects, snow and ice deficits, or emergencies) and capital reserves.
The Town shall set a goal of maintaining its minimum year-end unappropriated free cash balance in
the range of two to two and a half percent (2-2.5%) of the annual general fund operating budget. The
Town will appropriate the excess above this target range to build reserves or to offset unfunded
liabilities.
B. Stabilization Funds
A stabilization fund is a reserve account allowed by state law to set aside monies to be available for
future spending purposes, including emergencies or capital expenditures, although it may be
appropriated for any lawful purpose. As detailed below, the Town has established two (2)
stabilization funds, each of which is accounted for and reported as a trust fund, regardless of
authorized use.
General Stabilization: The Town will endeavor to maintain a minimum balance of five percent (5%) of
the annual general fund operating budget in its general stabilization fund. Withdrawals from general
stabilization should only be used to mitigate emergencies or other unanticipated events that cannot be
supported by current general fund appropriations. When possible, withdrawals of funds should be
limited to the amount available above the five percent (5%) minimum reserve target level. If any
necessary withdrawal drives the balance below the minimum level, the withdrawal should be limited
to one-third of the general stabilization fund balance. Further, the Town Administrator will develop a
detailed plan to replenish the fund to the minimum level within the next two fiscal years.
Capital Investment [Stabilization]4: The Town will annually appropriate available free cash, after
current capital needs have been met and consistent with maintaining minimum year end
unappropriated free cash balances, and/or XX percent of new short-term rental revenues effective
July 1, 2020 to this fund5 until the targeted balance of ten percent (10%) of the general fund operating
budget is attained. By sustaining a funding balance at these target levels in this reserve, the Town
can balance debt with pay-as-you-go practices and protect against unforeseen costs.
C. Retained Earnings and/or Business-Type Operations Surplus
The Water Department’s and Golf Department’s finances each are managed as (quasi) enterprise
funds. Accounting for the revenues and expenditures of these operations separately from the general
fund allows the Town to effectively identify each operation’s true service delivery costs—direct,
indirect, and capital — and set user fees at a level sufficient to recover them. Revenues in excess of
estimated water/golf receipts or unspent water/golf appropriations closeout to a water/golf surplus
account at the fiscal year end. Water/golf surplus must first be applied to indirect costs and then may
be appropriated to fund water/golf-related general and capital expenses or to reduce water/golf rates.
Under this accounting, the Town may reserve each department’s generated surplus (referred to as
retained earnings or special revenue fund reserve balances).
For each (quasi) enterprise fund, the Town will maintain a reserve amount at twenty percent (20%)
of the operation’s total budget, at minimum, but any reserve may be significantly higher if major
infrastructure improvements are necessary. The Golf Department will attain this twenty percent
(20%) reserve balance by FY25 and shall seek to maintain it thereafter. These reserves shall be used
to provide rate stabilization and to fund major, future capital projects. To maintain the target reserve
levels for each enterprise requires the Water Commissioners and Golf Commissioners to periodically
review, and when necessary, recommend adjusting user rates, with the approval of the Select Board
as appropriate.
4 Requires the town to adopt a fund under M.G.L. c 40, § 5B.
5 Revenues can only be dedicated to a special purpose stabilization fund established under M.G.L. c 40, § 5B, not the
current fund established by special act. Dedication requires town meeting action. See DLS publication on
Stabilization Funds
D. Overlay Surplus
The purpose of the overlay reserve is to offset unrealized revenue resulting from uncollected
property taxes, abatements, and exemptions. It can be used for other purposes only after it is
determined to have a surplus. Therefore, unlike the other two types of general fund reserves,
this policy does not set a consistent, specific funding target for the overlay surplus. Rather, each
year as part of the budget process, the Board of Assessors will vote to raise an overlay amount
on the annual tax recapitulation sheet, such that the overlay balance is maintained at an amount
equal one to two percent (1-2%) of the annual general fund operating budget, taking the
following factors into account:
Current balance in the overlay account
Three-year average of granted abatements and exemptions, and any upcoming changes
to the Town’s exemption program
Potential abatement liability in cases pending before, or on appeal from, the Appellate
Tax Board (ATB)
Timing of the next DLS certification review (scheduled every five years)
At the conclusion of each fiscal year, the Board of Assessors will submit to the Town
Administrator and Finance Director an update of the overlay reserve with data that includes, but
is not limited to, the gross balance, potential abatement liabilities, and any transfers to surplus.
If the balance exceeds the amount of potential liabilities, the Select Board may request that the
Board of Assessors vote to declare those balances surplus and available for use to fund the
Town’s capital improvement plan or for any other one-time expense.
REFERENCES
M.G.L. c. 40 §5B
M.G.L. c. 59 §25
M.G.L. c. 44 §53F1/2
Brewster Capital Planning policy
DLS Best Practices: Free Cash and Special Purpose Stabilization Funds
DLS Form: Dedication of Revenue to Stabilization Fund
DLS Informational Guideline Releases 08-101: Enterprise Funds, 17-20: Stabilization Funds and
17-
23: Overlay and Overlay Surplus
Government Finance Officers Association Best Practices: Fund Balance Guidelines for the General
Fund and Working Capital Targets for Enterprise Funds
EFFECTIVE DATE
This policy was adopted on January 6, 2020.
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 with these expenditure
guidelines.
EFFECTIVE DATE
This policy was adopted on May 3, 2021.
EFFECTIVE DATE
This policy was adopted on May 3, 2021.
AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same, as follows:
SPECIAL ACT SECTION 1. Notwithstanding any general or special law to the contrary, the
following shall be the charter for the town of Brewster:
Brewster Town Charter
Preamble: We, the people of the Town of Brewster, Massachusetts, in order to reaffirm the
customary and traditional liberties of the people with respect to the conduct of our local
government, adopt this charter with the expectation and intent that the Charter will continue and
enhance the town’s strong traditions of active voter participation; ethical, transparent and
responsive leadership; wise use of public resources; respect for all in the community; and an
engaged citizenry. We expect and intend that our government will be welcoming and inclusive
and will promote equality and respect for all people.
CHAPTER 1
POWERS OF THE TOWN
SECTION 1 Incorporation
1-1-1 The present town of Brewster, Massachusetts, within its corporate limits as now
established, shall continue to be a body politic and corporate under the name, town of Brewster.
SECTION 2 Scope of Town Powers
1-2-1 The town shall possess and exercise all powers possible under the constitution and laws
of the commonwealth of Massachusetts as fully and completely as though those powers were
expressly enumerated in this chapter.
SECTION 3 Form of Government
1-3-1 This charter provides for a select board-open town meeting-town manager form of town
government.
SECTION 4 Construction of Charter
1-4-1 The power of the town under this charter shall be construed liberally in favor of the town,
and the specific mention of particular powers in the charter shall not be construed as limiting in
any measure the general powers of the town as stated in section 1-2-1.
SECTION 5 Intergovernmental Relations
1-5-1 The town may exercise, consistent with the law, any of its powers or perform any of its
functions and may participate in the financing thereof, jointly or in cooperation, by contract or
otherwise, with any 1 or more civil divisions, subdivisions or agencies of the commonwealth,
other states or of the United States government.
CHAPTER 2
TOWN MEETINGS AND ELECTIONS
SECTION 1 Legislative Power
2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all
registered voters of the town.
SECTION 2 Open Town Meeting
2-2-1 Business sessions of the annual town meeting shall be held on the first Monday in May
and may be continued on such additional days as may be decided by the town meeting upon
recommendation of the select board. There shall also be a second business session of the annual
town meeting held in the last 3 months of the calendar year on a date to be determined by the
select board, which meeting shall be an "annual town meeting" for purposes of the general laws;
provided, however, that the select board may, at its discretion, cancel said fall annual town
meeting no later than September 15 in any year, so long as no more than 5 citizen petitioned
articles submitted pursuant to section 2-4 for inclusion on the warrant at said fall annual town
meeting and notice of the select board's action with regard to such meeting shall be posted on the
town website and principal bulletin board. The select board's decision as to whether to hold a fall
town meeting shall not prohibit the select board from calling for a special town meeting, from
time to time, at its discretion.
SECTION 3 Warrant
2-3-1 Town Meeting Warrants
A) Except for procedural matters, all subjects to be acted on by town meeting shall be placed on
warrants issued by the select board.
B) The date of the closure of the warrant to petitioned articles shall be set by by-law.
2-3-2 Posting
A) In addition to any notice required by the general laws, the select board shall post the town
meeting warrant at the following locations: town hall and at least 1 location in each precinct, and
make available sufficient copies of the warrant at the town meeting for all registered voters in
attendance.
B) In addition, the select board shall, at least 1 week prior to the meeting, post the warrant for
such meeting on the town website, and make the same available at town hall, and as required by
by-law or select board policy, at town facilities and other common locations throughout the
town. However, failure to timely post the warrant on the website or to make such copies
available no later than 1 week prior to the date of the town meeting shall not invalidate or
otherwise affect the legality or validity of the actions taken at the town meeting.
SECTION 4 Citizen Petitions
2-4-1 Any 10 voters of the town may secure, by written petition to the select board, the
inclusion of an article for the warrant of any duly scheduled annual town meeting, and at least
100 registered voters may secure the same for any duly scheduled special town meeting.
2-4-2 The select board may provide a pre-petition process whereby petitioners can seek review
of proposed petitions prior to submission.
SECTION 5 Quorum
2-5-1 The town meeting shall establish by town by-law a quorum requirement for the opening
of its business, but a smaller number than the established quorum may adjourn immediately any
meeting to a stated date, time and place as recommended by the select board; provided, however,
that in the event of a state of emergency declared by the Governor to protect the public health or
safety, the quorum may be reduced in the manner set forth in section 7 of chapter 92 of the acts
of 2020.
SECTION 6 Presiding Officer
2-6-1 Moderator. A moderator, who shall be a registered voter of the town, shall be elected
for a 3-year term. All sessions of the town meeting shall be presided over by a moderator, elected
as provided in section 2-10-1. The moderator shall regulate the proceedings, decide questions of
order and make public declarations of all votes. The moderator shall have all of the powers and
duties given to moderators pursuant to the constitution and the general laws, and such additional
powers and duties as may be authorized by the charter, by by-law or by other town meeting vote.
2-6-2 Deputy Moderator. The moderator shall appoint a deputy moderator for a 1-year term
who shall, in the event the moderator is absent or has a conflict, serve as moderator.
2-6-3 Vacancy. If the office of moderator becomes vacant, the select board shall appoint a
registered voter of the town as acting moderator, who shall not be an elected town officer, who
shall serve as such until the next scheduled election of town officers.
SECTION 7 Rules
2-7-1 Unless otherwise provided by by-law, rules of procedure for the town meeting shall be in
accord with “Town Meeting Time, A Handbook of Parliamentary Law” published by the
Massachusetts Moderators Association, as it may be amended from time to time.
SECTION 8 Clerk of the Meeting
2-8-1 The town clerk shall serve as the clerk to the town meeting. In the event that the town
clerk is absent, the assistant town clerk shall so serve, regardless of whether such assistant is a
resident or registered voter of the town.
SECTION 9 Report
2-9-1 A journal of the proceedings of the town meeting shall be kept as a permanent record in
the town clerk’s office and it shall be a public record.
SECTION 10 Elections
2-10-1 The annual election for the election of officers and such matters as are by law determined
by ballot shall be held on the third Tuesday in May. Whenever the annual election for the
election of officers and such matters as are by law determined by ballot falls fewer than 2 weeks
after the scheduled beginning of the spring annual town meeting, then the annual election shall
be held on the 4th Tuesday in May. Notwithstanding any other provision of this paragraph,
however, the select board may delay the date of the annual election to another date in the same
fiscal year if the Governor has declared a state of emergency to protect the public health or
safety. Then the Annual Election shall be held on the fourth Tuesday in May, or any other
Tuesday in May or June as determined by the Select Board after consultation with the Town
Clerk.
SECTION 11 Elected Officers
2-11-1 The registered voters of the town of Brewster shall, in accordance with any applicable
laws, by-laws, voters of the town or intergovernmental agreement, elect the following, with
members of multi-member bodies to be elected for overlapping terms:
a) Moderator for a 3 year term;
b) Select board of 5 members, each for a 3 year term;
c) Brewster school committee of 5 members, each for a 3 year term;
d) Representatives to the Nauset regional school district school committee, as the regional school
agreement shall provide, and as it may be amended from time to time;
e) Board of health of 5 members, each for a 3 year term;
f) Planning board of 7 members for 4 year terms;
g) Recreation commission of 5 members for 3 year terms;
h) Historic district committee of 5 members, with 4 elected members and 1 member appointed
by the select board, each for a 3 year term;
i) Housing authority of 5 members, of which 3 shall be elected and 2 shall be appointed, in
accordance with requirements of state law as it may be amended from time to time; and
(j) Constable for a 3 year term, provided, however, that the authority of the elected constable in
the town of Brewster shall be limited to the posting of the warrant for a town meeting or town
election, provided, further, that the person holding such position shall conform to any reasonable
regulations concerning such responsibilities as may, from time to time, be proposed by the chief
of police and approved by the select board.
SECTION 12 Recall of Elected Officers
2-12-1 Recall of Elected Officers
Any holder of an elected office in the town of Brewster may be recalled from that office by the
registered voters of the Town as hereinafter provided, for reasons including but not limited to
neglect of duties, malfeasance, misconduct or inability to perform official duties; provided,
however, that the question of whether the reasons stated for recall justify recall of a particular
officer shall be determined solely by the voters.
A) Initiation of petition; submission; certification
Any 25 registered voters of the town of Brewster may initiate a recall petition by filing with the
town clerk an affidavit containing the name of the officer sought to be recalled and a statement
of the grounds for recall, and specifying the lead petitioner. The town clerk shall thereupon make
available to said lead petitioner copies of petition blanks demanding such recall, printed copies
of which the town clerk shall keep available. Such blanks shall be issued by the town clerk under
the town seal, and be dated, be addressed to the select board, and shall contain the names of all
the persons to whom they are issued, the name of the person whose recall is sought, the grounds
of recall as stated in the affidavit, and shall demand the election of a successor to such office. A
copy of the petition shall be entered in a record book to be kept in the office of the town clerk.
Said recall petition shall be returned and filed with the town clerk within 20 days after
notification by the town clerk to the lead petitioner that the recall petitions are available, and
shall have been signed by at least 12% of the registered voters of the town as of the last regular
election, who shall add to their signatures the street and number, if any, of their residence. The
town clerk shall within 1 working day of receipt submit the petition to the registrars of voters in
the town, and the registrars shall within 5 working days certify thereon the number of signatures
which are names of registered voters of the town.
B) Delivery to officer; order of recall proceedings
If the petition shall be found and certified by the town clerk and board of registrars to be
sufficient, the town clerk shall submit the same with the town clerk's certificate to the select
board within 3 working days, and the select board shall forthwith give written notice of the
receipt of the certificate to the officer sought to be recalled. If the officer does not resign within
5 days thereafter, the select board shall order an election to be held on a date fixed by it not less
than 65 and not more than 90 days after the date of the town clerk's certificate that a sufficient
petition has been filed; provided, however, that if any other town election is to occur within 100
days after the date of certification, the select board shall postpone submission of the question of
recall to the date of such other election. No person shall be subject to recall if their term of
office expires within 90 days of the certification. If a vacancy occurs in said office after a recall
election has been ordered, the election shall nevertheless proceed as provided in this section.
C) Conduct of Recall
An officer sought to be removed may be a candidate to succeed themselves and, unless they
request otherwise in writing, the town clerk shall place their name on the ballot without
nomination. The nomination of other candidates, the publication of the warrant for the removal
election, and the conduct of same shall all be in accordance with the provisions of law relating to
elections.
D) Action upon completion of recall
The incumbent shall continue to perform the duties of the office until the question of recall has
been acted upon by the voters. If then re-elected, the officer shall continue in office for the
remainder of their unexpired term subject to recall as before, except as provided in this charter. If
not re-elected, they shall be deemed removed; their successor shall serve the remainder of the
unexpired term. Provided however, if the successor fails to qualify within 10 days after receiving
notification of their election, the office shall be deemed vacant.
E) Ballots to be used
(1) Ballots used for recall shall submit the following propositions in the order indicated:
For the recall of (name and title of officer).
Against the recall of (name and title of officer).
ii) Under the propositions shall appear the word "Candidates," the directions to the voters
required by G.L. c. 54, § 42, and beneath this the names of candidates nominated in accordance
with the provisions of law relating to election. If a majority of the votes cast upon the question of
recall is in the affirmative, the candidate receiving the highest number of votes shall be declared
elected. If a majority of the votes on the question is in the negative, the ballots for candidates
shall not be counted.
F) Time limits on filing of petitions
No recall petition shall be filed against an officer within 90 days after taking office, nor, in the
case of an officer subjected to a recall election and not recalled thereby, until at least 6 months
after the election at which their recall was submitted to the voters of the town.
G) Limits on appointments after filing of recall petition
No person who has been recalled from an office or who has resigned from office following the
filing of a recall petition shall be appointed to any Town office within 2 years after such recall or
such resignation.
CHAPTER 3
THE SELECT BOARD
SECTION 1 Composition, Compensation and Vacancies
3-1-1 There shall be a select board consisting of 5 members elected for 3-year overlapping
terms. The board collectively shall serve as the executive branch of town government. For
purposes of the Massachusetts general laws and regulations, any special laws applicable to the
town of Brewster, as well any local law or regulations, the “select board” referred to hereunder
shall have all the powers, duties and responsibilities of a board of selectmen.
3-1-2 A chair, vice-chair and clerk shall be elected by the select board at the first meeting
following each regular town election.
3-1-3 A quorum of the select board shall be 3 members.
3-1-4 Each member of the select board may receive an annual stipend as set forth in the
Brewster by-laws, subject to appropriation by town meeting.
3-1-5 If a member of the select board dies, resigns, is convicted of a felony while serving, or
ceases to be a registered voter, the resulting vacancy may be filled by special election in
accordance with Massachusetts general laws.
SECTION 2 General Powers and Responsibilities
3-2-1 The select board shall exercise the powers and duties prescribed by the Massachusetts
general laws, this charter, and the Brewster general by-laws. The select board may delegate
powers and duties to the town manager or to another town board. The select board shall enforce
the laws and orders of the town, including this charter.
3-2-2 The select board shall be the primary policy-making, planning, and goal-setting agency of
the town; provided, however, that no individual member of the board, nor a majority of them,
shall at any time, attempt to become involved in the day-to-day administration of the affairs of
the town. It is the intention of this provision that the select board shall act only through the
adoption of policy directives and guidelines which are to be implemented by officers and
employees appointed by or under its authority.
3-2-3 The select board, following the development of the proposed budget by the town
manager, shall review the annual proposed operating and capital budgets submitted by the
department heads, and shall make the main motion under the budget article at the annual town
meeting.
3-2-4 The select board shall protect the assets of the town.
3-2-5 The select board shall approve all collective bargaining agreements of the town
negotiated by the town manager, consistent with the provisions of G.L. c.150E as it may be
amended from time to time.
3-2-6 The select board shall, no less than 1 time per year, meet jointly with the finance
committee, the Brewster school committee, the Nauset regional school district school committee,
and the Cape Cod regional technical high school district school committee, or their respective
designees, for the purpose of sharing information.
3-2-7 The select board shall be the licensing authority of the town and shall have the power to
issue licenses, to make all necessary rules and regulations regarding the issuance of said licenses
and to attach conditions and restrictions thereto as it deems to be in the public interest, and to
enforce the law relating to all business for which it issues licenses; provided, however, that the
board may, at its discretion, delegate responsibility to the town manager or a board created for
such purposes for issuance and enforcement of 1 or more licenses.
3-2-8 The select board shall ensure that the Brewster general by-laws are kept current.
3-2-9 The select board shall be responsible to ensure that the town manager complies with the
charter.
3-2-10 The select board shall approve all personnel policies proposed by the town manager in
accordance with section 4-1-4(K).
SECTION 3 Written Records and Communication to the Town
3-3-1 Any goal, policy, plan, or official act adopted by the select board shall be in writing and
included in its entirety in the minutes of the meeting at which it was adopted. The town manager
shall ensure that a file containing a complete list of the select board’s current policies and goals
is posted on the town website for public reference. The select board shall designate to the town
manager the publishing of an annual town report for each calendar year.
3-3-2 Before August 31 and after the annual town election, the select board shall hold a
meeting for the purpose of stating the board's goals for the next fiscal year(s), referred to as the
“Annual Goal Setting Meeting.”
SECTION 4 Powers of Appointment
3-4-1 The select board shall select, and enter into a contract with, a town manager. If the town
manager position becomes vacant for any reason, the select board shall designate a qualified
person to serve in an acting capacity.
3-4-2 The select board shall appoint, following consultation with the town manager, the fire
chief, police chief, and town counsel.
3-4-3 The select board shall appoint members of all multiple member bodies, except as
otherwise provided in this charter.
3-4-4 The select board may appoint ad hoc committees as it deems necessary or appropriate.
SECTION 5 Investigatory Powers
3-5-1 The select board may investigate the alleged misconduct of the town manager, any town
board, or any member of a town board. The select board may direct the town manager to
investigate the affairs of the town, the conduct of any town department or town employee, and
any claim against the town.
3-5-2 Any potentially criminal matter shall be referred to the appropriate law enforcement
agency.
SECTION 6 Limitations and Public Ceremonies
3-6-1 Unless specifically provided in State law, a member of the select board may not hold any
other position in town government, whether appointed or elected, paid or unpaid, that is created
by the select board or town meeting; provided, however, that serving in an ex officio capacity
shall not be considered a separate position for purposes of this paragraph. Further, service as a
representative from the town to a governmental body other than the town shall not be prohibited
by this provision.
3-6-2 The select board, and individual members thereof, shall deal with employees who are
under the direction and supervision of the town manager solely through the town manager,
except when the select board is conducting an investigation of the town manager under section 3-
5-1, in which case such employee shall contact the select board chair. Furthermore, neither the
select board nor its individual members shall give direct orders to any such employee.
3-6-3 Except as otherwise specified in this chapter, the select board shall be subject to the same
rules as apply to all other town boards, including that members have no authority in their
individual capacities except as delegated by majority vote of the select board.
3-6-4 The select board shall represent the town for all ceremonial purposes.
SECTION 7 Code of Conduct
The select board shall adopt a policy establishing a code of conduct applicable to all appointed
and elected officials, which policy shall be amended from time to time at the board’s discretion,
and, further, that any additional code of conduct adopted by another board shall be no less
restrictive. Any code of conduct adopted by a board shall be posted in its office and on the town
website.
CHAPTER 4
TOWN MANAGEMENT
SECTION 1 Town manager
4-1-1 Appointments and Qualifications
The select board shall by majority vote of the entire select board appoint a town manager. The
method of selection shall be left to the discretion of the select board so long as the method of
selection insures orderly, nonpartisan action toward securing a competent and qualified person to
fill the position. The town manager shall be chosen solely upon the basis of the individual’s
administrative training, education, experience and ability and need not, when appointed, be a
resident of the town of Brewster; provided however, that the town manager shall establish such
residence within 12 months following the effective date of appointment and provided further that
the select board may, by no less than a 2/3 vote of the entire board, extend to a time certain the
time for establishing residence or waive this requirement in its entirety.
4-1-2 Compensation
The town manager shall receive compensation as may be fixed by the select board within the
amount appropriated by town meeting and according to the town manager’s expertise, education
and training. Any contract between the select board and town manager shall be made consistent
with the provisions of G.L. c.41, §108N.
4-1-3 Term and Removal
The town manager may be appointed for a definite term, but may be removed at the discretion of
the select board by vote of the majority of the entire select board. The action of the select board
in suspending or removing the town manager shall be final. It is the intention of this charter to
invest all authority and fix all responsibilities of such suspension or removal in the select board.
4-1-4 Powers and Duties
The town manager shall be responsible to the select board for the proper administration of all the
affairs of the town consistent with the general laws and this charter, and shall:
A) appoint for a term of years or, at the town manager’s discretion, for an unlimited period, all
town employees, including civil service positions, not otherwise addressed herein, but excluding
employees of the Brewster school department, provided, however, that the town manager shall:
i.Act upon recommendations from the police chief and the fire chief respectively,
for appointment of employees of the police and fire departments;
ii.Consult with appropriate department head or multiple-member body for
appointment of employees of other departments or multiple-member bodies.
B) supervise, discipline, suspend or remove all appointed department heads and employees and
organize and structure all town departments accordingly, except as otherwise provided in section
4-3;
C) administer and enforce the general laws or special acts of the commonwealth or town by-
laws and all regulations established by the select board;
D) coordinate activities of all town departments;
E) attend all sessions of the town meeting and answer all questions addressed to the town
manager which are related to the warrant articles and to matters under the general supervision of
the town manager;
F) keep the select board fully informed as to the needs of the town and recommend to the select
board for adoption such measures requiring action by the select board or by the town as the town
manager deems necessary or expedient;
G) ensure that complete and full records of the financial and administrative activity of the town
are maintained and render reports to the select board as may be required;
H) be responsible for the rental, use, maintenance, repair and the development of a
comprehensive maintenance program for all town facilities;
I) serve as the chief procurement officer for purposes of G.L. c.30B and be responsible for the
purchase of all supplies, materials, and equipment, approve the award and execute all such
contracts; provided, however that any contract over $1,000,000, or such higher amount as shall
be approved by the select board from time to time, shall require approval by the select board;
J) develop and maintain a formal and complete inventory of all town-owned real and personal
property and equipment;
K) propose personnel policies for approval by the select board under section 3-2-10 and
administer all personnel policies, practices, rules and regulations, any compensation plan and any
related matters for all municipal employees and administer all collective bargaining agreements
entered into by the town;
L) fix the compensation of all town employees and officers appointed by the town manager;
within the limits established by appropriation and any applicable compensation plan and
collective bargaining agreements;
M) be responsible for the negotiation of all contracts with town employees regarding wages and
other terms and conditions of employment, except employees of the Brewster school department.
The town manager may, subject to the approval of the select board, employ special counsel to
assist in the performance of these duties. Collective bargaining agreements shall be subject to
the approval of the select board in accord with the provisions of G.L. c.150E;
N) be responsible for the preparation and development of the financial forecast, annual
operating and capital budgets and 5-year capital improvement plan, consistent with policy
guidance provided by the select board, and prepare and submit to the select board and finance
committee such budget and plan, and be responsible for the administration of such budget and
plan after their adoption;
O) keep the select board and the finance committee fully informed as to the financial condition
of the town and make recommendations to the select board;
P) investigate or inquire into the affairs of any town department or office;
Q) have full authority to act on behalf of the town during emergencies, including direction of
town personnel, declaring states of emergency, opening the emergency operations center and
shelters and the emergency expenditure of funds, and to delegate any and all such responsibility
by appointing an emergency management director who is a town employee duly trained in public
safety, and a deputy emergency management director to assist the emergency management
director and to assume the duties of the emergency management director in their absence;
R) delegate, authorize or direct any subordinate or employee in the town, including an assistant
town manager if any, and subject to funding therefor, to exercise any power, duty, or
responsibility that the office of town manager may exercise, provided, that all acts performed
under such delegation shall be deemed the acts of the town manager; and
S) perform such other duties as necessary or as may be assigned by this charter, town by-law,
town meeting vote, or vote of the select board.
4-1-5 Acting Town manager
The town manager shall appoint as acting town manager a town employee who shall perform the
duties of the town manager in the town manager’s absence; provided, however, that if there is an
assistant town manager serving at the time of any such absence, such person may function as the
acting town manager. In the event of long-term disability or absence exceeding 14 days, or the
resignation, termination or vacancy in the office of town manager, the select board shall
forthwith, and no later than 14 days thereafter, appoint an acting town manager for the duration
of any such disability or until appointment of a permanent town manager. No member of the
select board shall serve as acting town manager.
SECTION 2 Town Counsel
4-2-1 The select board shall appoint a competent and duly qualified and licensed attorney
practicing in the commonwealth to be the counsel for the town. Town counsel shall receive such
compensation for services as may be fixed by the select board and shall hold office at the
pleasure of the select board. The town counsel shall be the legal adviser of all of the offices and
departments of the town and shall represent the town in all litigation and legal proceedings;
provided however, that the select board may retain special counsel at any time the select board
deems appropriate and necessary. The town counsel shall review and concur or dissent upon all
documents, contracts and legal instruments in which the town may have an interest. The town
counsel shall perform other duties prescribed by this charter, town by-law or as directed by the
select board. No employee, committee or board, elected or appointed, other than the select board,
shall contact or otherwise interact with the town or labor counsel in a manner inconsistent with
the policy relative to access to counsel established by the select board. This provision shall not
limit the school committee from retaining its own legal counsel.
Section 3 Other Departments
4-3-1 Fire Department. Except as otherwise provided in this charter, there shall be a fire
department consistent with the provisions of G.L. c.48, §§42, 43, and 44. The fire chief shall
have responsibility for the day-to-day supervision of firefighters and the fire department. The
fire chief shall have additional authority to place a firefighter on administrative leave with pay,
or discipline or suspend a firefighter, for a period of no more than 5 days and shall provide the
town manager with written notification upon implementation of such suspension. When the
town manager intends to take action under section 4-1(B) with respect to subordinate members
of the fire department, the town manager first shall consult with the fire chief.
4-3-2 Police Department. Except as otherwise provided in this charter, there shall be a police
department consistent with the provisions of G.L. c.41, §97A. The police chief shall have
responsibility for the day-to-day supervision of subordinate police officers and the police
department. The police chief shall have additional authority to place a police officer on
administrative leave with pay, or discipline or suspend a police officer for a period of no more
than 5 days and shall provide the town manager with written notification upon implementation of
such suspension. When the town manager intends to takes action under section 4-1(B) with
respect to subordinate members of the police department, the town manager first shall consult
with the police chief.
4-3-3 Water Department.
A. Department. There shall be a water department under the supervision of a water
superintendent. The department shall have all of the powers, rights and duties to be exercised by
a water commission under the general and special laws, except as otherwise provided herein.
The water superintendent shall be responsible for the efficient exercise, performance and
coordination of the department. Any exercise by the department of the authority of water
commissioners with respect to acquisition or disposition of land must first be approved by the
select board. The superintendent shall report to the town manager as to the doings of the office
at such times as the manager may require.
B. Superintendent. The water superintendent shall supervise and direct the operations and
employees of the department in accordance with the town’s personnel by-law and any applicable
collective bargaining agreements. The water superintendent shall be especially qualified by
education, training and experience to perform the duties of the office and shall have such other
qualifications as may be required from time to time. While employed by the town, the water
superintendent shall not engage in a business or occupation falling within the jurisdiction of the
water department, unless approved in advance by the town manager with the concurrence of the
select board. Unless specifically provided in State law, the water superintendent may not hold
any other position in town government, whether appointed or elected, paid or unpaid, that is
created by the select board or town meeting; provided, however, that serving in an ex officio
capacity shall not be considered a separate position for purposes of this paragraph. Further,
service as a representative from the town to a governmental body other than the town shall not be
prohibited by this provision. The water superintendent need not be a resident of the town during
their tenure.
C. Water Commission. There shall be a water commission of 3 members appointed by the
select board for alternating, overlapping 3 year terms. Said commission shall be responsible for
setting water rates, making budget recommendations, and providing advice and support to the
superintendent with respect to other policy matters on which it is consulted and which fall with
the jurisdiction of the water department. The Water Commission shall recommend priorities and
policies to govern the provision of water in the town, and, with the concurrence of the water
superintendent, shall be authorized to adopt policies and regulations to carry out the same.
CHAPTER 5
TOWN BOARDS/COMMISSIONS/COMMITTEES
SECTION 1 Appointed Boards and Committees
5-1-1 General Authority
A) In addition to any boards and committees specified in this charter, boards and committees
may be created by adoption of by-laws, votes of town meeting, or votes of the select board. A
list of any such boards and committees, specifying the number of members, terms of office, if
any, and listing their respective charges, shall be maintained in the office of the town clerk and,
within 10 business days of their creation, posted on the town website.
B) Notwithstanding any other provision of this charter or general laws to the contrary, any
person appointed to a multiple member body may be removed by their respective appointing
authority following written notice and the opportunity for a public hearing; provided, however,
that failure to reappoint following the expiration of an appointed term shall not constitute
removal.
SECTION 2 Moderator Appointments
5-2-1 Power to appoint
The moderator shall have the power to appoint members of those boards and commissions
authorized under this chapter, by-law, vote of town meeting, or regional school district
agreement. Appointments made by the moderator shall in each instance be for a fixed term and
such appointments shall not be subject to review or confirmation by any other person or group.
5-2-2 Finance Committee
A) Establishment; membership. There shall be a finance committee appointed by the town
moderator consisting of 9 residents of the town who shall serve without pay and who shall hold
no other town office or employment, each of whom shall serve a 3 year term beginning on July 1
and terminating on June 30 of the third year following appointment. Vacancies on the committee
shall be filled by the moderator for the remainder of the original term. A member of the finance
committee may not hold any other position in town government, whether appointed or elected,
paid or unpaid, that is created by the select board or town meeting; provided, however, that
serving in an ex officio capacity shall not be considered a separate position for purposes of this
paragraph.
B) Duties. The finance committee shall consider all the articles in any town meeting warrant, and
report to town meeting its recommendations by posting the same on the town website, and in any
other manner it deems appropriate. Following the drawing up of the warrant for a town meeting,
the select board shall forthwith forward the same to the members of the finance committee. The
finance committee shall annually prepare for the annual town meeting a comprehensive summary
of the current condition of the town’s finances.
C) Investigative Authority. To carry out these duties, the finance committee shall have authority
to investigate the books and/or accounts of any department of the town. The finance committee,
and individual members thereof, shall deal with employees who are under the direction and
supervision of the town manager solely through the town manager. Furthermore, neither the
finance committee nor its individual members shall give direct orders to any such employee.
SECTION 3 Alternate Members of Certain Multiple-Member bodies
5-3-1 Alternate Members of Certain Elected Boards
The select board, following consultation with a board elected under section 2-11-1(C), (E), (F),
(G) or (H), appoint not more than 2 alternate members to serve for terms of 1 or 2 years. The
chair of each board to which alternate members have been appointed may designate an alternate
member to sit on the board in the case of absence, inability to act or conflict of interest, on the
part of any member of the board, or in the event of a vacancy. Any vacancies arising in said
alternate position shall be filled in the same manner as the original appointment for the
remainder of the unexpired term.
5-3-2 Alternate Members of Appointed Boards
The appointing authority may appoint not more than 2 alternate members to boards addressed by
sections 5-1-1(A) and 5-2-1 for terms of 1 or 2 years. The chair of each board to which alternate
members have been appointed may designate an alternate member to sit on the board in the case
of absence, inability to act or conflict of interest on the part of any member of the board, or in the
event of a vacancy. Any vacancies arising in said position shall be filled in the same manner as
the original appointment for the remainder of the unexpired term.
SECTION 4 General Provisions Applicable to Multiple Member Bodies
5-4-1 Charge
Except as otherwise provided in this charter, each multiple member body set forth or authorized
in Sections 5-1-1(A) and 5-2-1 shall be organized and charged with, as applicable, the powers
and duties specified in the general laws and special acts of the commonwealth, town by-laws,
town meeting vote, vote of the select board, or otherwise as provided herein.
5-4-2 Organization and Report
Each multiple member body shall elect a chair, vice chair and clerk, and shall cause the select
board and the town clerk to be notified of its selection. Such organization shall be taken up at
the first meeting after the election for all elected boards, at the first meeting after annual
appointments are made, or the first meeting of a new board or committee. All boards and
committees created under chapter 5 of this charter, or pursuant to a by-law, shall make a written
annual report of their activities to the select board in accordance with section 3-3-1.
5-4-3 Resignation
A resignation of any elected town officer under section 2-11-1, or any appointed multiple
member created by this charter or by by-law under section 5-1-1(A) or 5-2-1, shall be deemed
effective when such resignation is filed with the town clerk or at such later time certain as may
be specified in such filed resignation.
5-4-4 Excessive Absences; Loss of Appointed Office
For the purpose of this charter, 3 consecutive absences from meetings of a multiple member
body shall be considered a reason for removal. Under such circumstances, the chair of the
multiple member body may notify the appointing authority, which may, in accord with section 5-
1-1(B) remove the appointee and notify the town clerk in writing that the position has been
vacated.
SECTION 6 Cape Cod Regional Technical High School District School Committee and
Other Regional Entities
5-6-1 Members of the Cape Cod regional technical high school district school committee shall
be appointed or elected in accord with the regional school district agreement as it may be
amended from time to time.
5-6-2 Election or appointment to other regional entities as may be formed from time to time
shall be in accord with an applicable intermunicipal agreement for such purposes.
CHAPTER 6
FINANCIAL PROVISIONS
SECTION 1 Budget Schedule
6-1-1 Annually, before December 1, the town manager shall establish and issue a budget
schedule that shall set forth the calendar dates for developing the annual budget for the next
fiscal year.
6-1-2 On or before December 15, the town manager shall present a financial forecast to the
select board. Thereafter, the select board shall set guidelines for the preparation of the annual
budget.
6-1-3 On or before February 15, the town manager shall submit to the select board a proposed
line item budget and accompanying message.
SECTION 2 Proposed Budget
6-2-1 The budget shall provide a complete financial plan of all town funds and activities,
including details on debt and debt service, anticipated income, and proposed expenditures.
6-2-2 The budget message shall begin with a clear general summary of its content and explain
in both fiscal terms and program objectives, proposed expenditures for each department, and the
projected tax rate.
SECTION 3 Budget Adoption
6-3-1 Town meeting shall adopt the annual operating budget, with or without amendments,
before the beginning of the fiscal year, except in the event that the governor has declared a state
of emergency to protect the public health or safety and the town meeting cannot complete its
business as a result thereof.
SECTION 4 Capital Planning
6-4-1 Capital Improvement Plan
The town manager shall prepare a 5-year capital improvement plan, identifying proposed capital
outlays or acquisitions in excess of $10,000, or such other sum as shall be determined by the
select board from time to time, for any 1 project, whether it be spent in 1 year or over several
years. The town manager, in the town manager’s sole discretion, may appoint a committee to
assist the town manager with preparation of the plan.
6-4-2 Contents of plan.
(A) The plan shall include all town activities and departments. Proposed capital expenditures for
regional entities shall be consistent with the regional or intermunicipal agreement establishing
such entities.
(B) The plan shall include a list, by department, of all proposed capital improvements to be
undertaken during the next 5 fiscal years and shall include cost estimates, methods of financing
and time schedules. This information shall be revised and extended on an annual basis.
6-4-3 Submission to Select Board.
(A) The capital improvement plan shall be submitted to the select board by February 1 of each
year.
(B) The select board shall, after providing 7 days’ notice in the manner required by the Open
Meeting Law, G.L. c.30A, §20 and its implementing regulations, hold a public hearing on said
plan. The select board shall make the plan available for public inspection.
6-4-4 Submission to Town Meeting.
The select board shall prepare and submit to every annual town meeting a summary of the capital
expenditure plan, identifying all proposed capital expenditures for the next 5 years estimated to
cost $100,000 or more, or such other amount as the select board shall decide from time to time,
and including the year in which it is anticipated to be expended, the amount and its anticipated
source of funding.
SECTION 5 Annual Audit
6-5-1 At the close of each fiscal year, and at such times as it may be deemed necessary, an
independent audit shall be undertaken of all accounts of the town by a certified public
accountant. The audit committee created by by-law, if any, or in the absence thereof, the select
board, shall solicit a firm or firms for such purposes. The certified public accountant so selected
shall have no personal interest, directly or indirectly, in the financial affairs of the town or any of
its offices. Upon completion of the audit, the results shall reviewed by the audit committee, if
any, and by the select board and the finance committee. The results, in a summary form, shall be
placed on file in the town clerk's office and on the town website as a public record and be
available in the Brewster public library for public information.
CHAPTER 7
BY-LAWS AND CHARTER – ADOPTION, AMENDMENT AND PERIODIC REVIEW
SECTION 1 By-laws
7-1-1 Town Meeting approval. Town by-laws may be proposed by warrant article consistent
with the general laws and this charter.
7-1-2 Quantum of vote. Adoption and amendment of general and zoning by-laws shall be
approved in accord with applicable general laws.
7-1-3 Periodic Review. The select board shall ensure that the town by-laws are reviewed and
prepared for any necessary revision at least every 10 years.
7-1-4 Codification and Publication. The town clerk shall codify and republish the town by-laws
from time to time as may be reasonable and such by-laws shall also be posted on the Town
website.
7-1-5 Continuation of Laws. All special acts, town by-laws, town meeting resolutions, rules and
regulations of the town in force at the time this charter takes effect, not inconsistent with this
charter, shall continue in force.
SECTION 2 Charter
7-2-1 Major Amendments. Amendments to this charter relating in any way to the composition,
mode of election or appointment or terms of office of the legislative body, select board or the
town manager may be proposed by a charter commission elected under the general laws or
pursuant to special legislation as otherwise authorized by the Massachusetts constitution.
7-2-2 Minor Amendments. Amendments to the charter relating to other matters may be
proposed by a 2/3 vote at a duly called town meeting under the general laws, and then approval
at the polls by the voters of the town, or proposed pursuant to special legislation as otherwise
authorized by the Massachusetts constitution.
7-2-3 Periodic Review. The select board shall appoint a committee of no fewer than 5 nor
more than 9 members to review the charter not less than once every 10 years, such that review of
the charter begins 5 years after the by-law review provided for under section 7-1-3 to review the
town charter and provide recommendations, if any, to a subsequent town meeting with respect to
such review.
*** end of SPECIAL ACT SECTION 1 CHARTER Chapters 1-7***
SPECIAL ACT SECTION 2. CONTINUATION OF EXISTING LAWS All by-laws, resolutions,
rules, regulations and votes of the town meeting in force at the time the charter established by
section 1 of this act takes effect, not inconsistent with the provisions of the charter, shall continue
in full force until amended or repealed. Where provisions of the charter established by section 1
of this act conflict with provisions of town by-laws, rules, regulations, orders or special acts or
acceptances of laws, the charter provisions shall govern. All provisions of town by-laws, rules,
regulations, orders and special acts not superseded by the charter established under section 1 of
this act shall remain in force.
SPECIAL ACT SECTION 3. CONTINUATION OF GOVERNMENT. Upon the effective date of
section 1 of this act, all town offices, boards, commissions or agencies shall continue to perform
their duties until reappointed or re-elected, or until successors to their respective positions are
fully appointed or elected or until their duties have been transferred and assumed by another
town office, board, commission or agency.
SPECIAL ACT SECTION 4. CONTINUATION OF PERSONNEL. Upon the effective date of
section 1 of this act, a person holding a town office or a position in the administrative service of
the town or a person holding full-time employment under the town shall retain that person’s
office, position or position of employment and shall continue to perform the duties of that
person’s office, position or position of employment until provision shall have been made for the
performance of those duties by another person or agency; provided, however, that a person in
the permanent full-time service of the town shall not forfeit their pay grade or time in the service
of the town as a result of the adoption of this charter; provided further, that this section shall not
provide a person holding an administrative office or position or a person serving in the
employment of the town on the effective date of this charter with any greater rights or privileges
with regard to that person’s continued service or employment with the town than that person had
before the effective date of this charter. Nothing in this paragraph shall impair the rights of any
person under an individual employment contract or collective bargaining agreement.
SPECIAL ACT SECTION 5. TRANSFER OF RECORDS AND PROPERTY. All records,
property and equipment whatsoever of a town office, board, commission, committee or agency or
part thereof, the powers and duties of which, upon the effective date of section 1 of this act, are
assigned in whole or in part to another town office, board, commission or agency, shall be
transferred forthwith to the office, board, commission or agency.
SPECIAL ACT SECTION 6. EFFECT ON OBLIGATIONS, TAXES, ETC. All official bonds,
recognizances, obligations, contracts and other instruments entered into or executed by or to the
town before the effective date of section 1 of this act, and all taxes, assessments, fines, penalties,
forfeitures, incurred or imposed, due or owing to the town, shall be enforced and collected and
all writs, prosecutions, actions and cause of action, except as herein otherwise provided, shall
continue without abatement and remain unaffected by the charter and no legal act done by or in
favor of the town shall be rendered invalid by reason of the adoption of this act.
SPECIAL ACT SECTION 7. TRANSITION TO THE CHARTER. To provide for the transition to
reduce from 5 years to 4 years the terms of all planning board members, at the next regular
election following at least 64 days after the effective date of this act, 1 planning board member
shall be elected for a 1-year term, 1 planning board member shall be elected for a 2-year term,
and the expiring term shall be placed on the ballot for a 4-year term. The expiring term will
appear on the ballot with instructions to vote for 1; if the incumbent is running for the office,
they shall have the words “candidate for re-election” next to their name. The 2-year term and
the 1-year term will appear together on the ballot with instructions to voters to vote for 2, with
the longer term going to the candidate with the most votes. In addition, following the effective
date of this act, the term of the planning board member most recently elected shall be reduced
from 5 years to 4 years. Thereafter, all planning board members shall be elected to alternating
4-year terms, with no more than 2 terms expiring each year.
SPECIAL ACT SECTION 8. TIME OF TAKING EFFECT. This act shall take effect upon its
passage.
TOWN OF BREWSTER
2198 MAIN STREET
BREWSTER,MA 02631
PHONE:(508)896-3701 EXT 1131
FAX:(508)896-8089
BREWSTER@BREWSTER-MA.GOV
WWW.BREWSTER-MA.GOV
OFFICE OF
INFORMATION TECHNOLOGY
Re: Brewster IT Security
This is a brief summary of Brewster’s IT Security planning and posture, leaving out vendor
names and specifics as these could potentially provide hints on how to penetrate our systems.
The threat from ransomware and increasingly from extortion against the threat of revealing
private data continue to be major issues. Every organization should think more of the “when”
there will be an IT security incident rather than “if.”
Software: Brewster IT is aware of software “sunset dates” and all systems are current and
receiving security updates automatically.
Mobile Devices: Laptops are encrypted and antivirus software is a “second generation” option
that specifically protects against ransomware and has ongoing high anti-virus scores. The
software is cloud managed, so monitoring and updates are available even from laptops in the
field.
Firewall: All traffic in/out of the Town of Brewster’s network is through a full featured
enterprise firewall. This includes external. Our firewall vendor offers scanning of web access and
email using two separate anti-virus engines that are updated multiple times per day. There’s a
robust intrusion protection system.
DNS Filtering: DNS translates between a text-based web address and the real numerical IP
address of the site. We use a DNS service which screens for sites that are known distributors of
malware or phishing destinations.
Anti-Virus: Brewster utilizes two separate anti-malware products on all PCs. Both products are
cloud managed, update and alert automatically, and there is a specific anti-ransomware product
in place.
Training: Two years ago, we subscribed to KnowBe4, a leading IT Security training and testing
service. We do regular phish testing in which spam emails are sent to users and they are tracked
as to whether they click on links. These emails also include a tutorial on how the recipient could
have identified that the email was fraudulent. All employees complete a 30 minute training
session annually and this year we will be issuing followup training to those who fail the phish
testing.
Backups: Backups are the most reliable protection against a ransomware attack as no anti-virus
protection is perfect. Brewster uses a 3-2-1 backup strategy. 3 daily backups, 2 different local
sites/devices, and 1 offsite. Our offsite backup service includes a 7 day air-gap and deletion
protection. We follow best practices on backup testing and isolating backup repositories from the
normal work networks.
Cloud Migration: Part of our security profile has been an aggressive move to cloud based
services. We had previously moved our financials to the Vadar Cloud and in 2021, we added our
water billing which is now fully integrated with financials. Fire and Golf have both utilized cloud
based services for several years. We are in the end stages of testing our online permit system,
and this should be live in third quarter 2021. In 2020, we migrated our payroll to a cloud based
service which includes remote payroll entry. We are currently in the middle of a migration to MS
365, which will include not only email, but our office file shares. We are employing a third party
backup/security service for MS 365 as well as Microsoft’s built-in features. We are exploring a
cloud based migration for our document retention system, which would leave police dept
software as our only major application in house. Cloud migration of police is impractical due to
external constraints from the state and federal government.
Cloud based services provide many security benefits. No matter how good our local efforts are,
we cannot replicate the security team employed by even a medium sized vendor, much less a
multi-billion dollar company such as Microsoft. Second, by distributing our software to various
cloud services, if there is a breach, it will only affect that particular application and not our entire
infrastructure. Being accessible anywhere, it drastically improves disaster recovery. Obviously,
cloud services also provide a better option for remote work and access to the public.
Any specific questions can be directed to Kathy Lambert, the IT Director at klambert@brewster-
ma.gov or 508-896-3701 x1131.
Creating a Healthy Connected Cape Cod
The Mission of the Department of Human Services is to plan, develop, and implement programs which enhance the overall delivery of human services
in Barnstable County and promote the health and social well-being of County residents through regional efforts that improve coordination of services.
BARNSTABLE COUNTY
DEPARTMENT OF HUMAN SERVICES
3195 Main Street, Post Office Box 427
Barnstable, Massachusetts 02630
Office: 508-375-6628 | Fax: 508-858-5094
www.bchumanservices.net
May 6, 2021
Via email only: plombardi@brewster-ma.gov
Select Board, Town of Brewster
c/o Peter Lombardi, Town Administrator
2198 Main Street
Brewster, MA 02631
RE: Barnstable County HOME Consortium Advisory Council
Dear Select Board:
I am writing to inform you that the term of Brewster’s representative member to the Barnstable County
HOME Consortium Advisory Council, Jill Scalise, and the term of Brewster’s alternate representative
member, Donna Kalinick both expire on June 30, 2021. Both Jill and Donna have expressed an interest
in continuing on as Brewster’s representative members. The Barnstable County HOME Consortium
Advisory Council greatly appreciates and values their expertise and time commitment to the Consortium
and we respectfully request that you submit their reappointment to the Barnstable County HOME
Consortium Advisory Council:
• Jill Scalise, representative member to the Barnstable County HOME Consortium Advisory
Council for a three-year term to run through June 30, 2024; and
• Donna Kalinick, alternate representative member to the Barnstable County HOME Consortium
Advisory Council for a one-year term to run through June 30, 2022.
Barnstable County appreciates the Town of Brewster’s support of this regional council. If you have any
questions or need additional information, please do not hesitate to contact me.
Sincerely,
Renie Hamman
HOME Program Manager
Renie.Hamman@barnstablecounty.org
Phone: 508-375-6622
cc: Jill Scalise and Donna Kalinick via email only
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Memo
To: Brewster Select Board
From: Erika Mawn, Executive Assistant
Date: June 1, 2021
Re: Board/Committee Review
The information provided is a review of the current status of appointments to various
Boards/Committees.
Resignations/ Non- Renewals
Committee/Board Member Name
Cable Television Advisory Committee Zeb Barker (remains a member of Lower Cape Community
Access Television)
Community Preservation Committee Diane Pansire
Council On Aging Frank Callahan
Cultural Council Tonia St. Germain
Historical Commission Patricia Busch
Housing Trust Sarah Robinson (will remain on Brewster Housing
Partnership)
Library Building Committee Joan Cassidy
Natural Resources Commission Diane Murphy
Peter Trull
Vision Planning Committee Kari Hoffman
Garran Peterson
Susan Searles
Zoning Board of Appeals Susan McShane
Re-appointments
Committee / Board Member Name Term
Alewife Warden Doug Erickson
William Lemaitre
1-year term
All Citizens Access Mary Haynes
Laurel Labdon
3-year term
Bikeways Committee Eric Levy
Joseph Sullivan, III
Gregory Wright
3-year term
Board of Assessors Belinda Eyestone 3-year term
Office of:
Select Board
Town Administrator
Cape & Vineyard Electric
Cooperative
Charles Hanson 3-year term
Cape Light Compact Colin Odell 3-year term
Cemetery Commission Sophia Sayigh 3-year term
Community Preservation Committee Peggy Jablonski
Paul Ruchinskas
3-year term
Conservation Commission Michael Tobin
Peter Wells
3-year term
Council on Aging Steve Holmes
Andrea Nevins
Laura Usher
3-year term
Energy Committee Edward Swiniarski 3-year term
Golf Commission Jeffrey Odell
David Valcourt
3-year term
Housing Partnership Ralph Marotti
Sarah Robinson
3-year term
Human Services Committee Vivian Cafarella
Jonathan O’Neil
3-year term
Library Board Robert Mauterstock N/A
Library Building Committee Chris Kenney
Cynthia St Amour
Charles Sumner
3-year term
Natural Resources Commission Cameron Ferguson
Patricia Hughes
Kimberley Crocker Pearson
Donald Poole
Elizabeth Taylor
Chris Williams
Amy Henderson
2022
2024
2024
2022
2023
2023
2024
Old Kings Highway Historic
Committee
George Carey (builder) 4-year term
1-year term
(builders)
Open Space Committee Phil Burt
Gary Christen
Elizabeth Taylor
3-year term
Recycling Commission Annie Dugan
Peter Johnson
Meg Morris
3-year term
Stonybrook Millsites Committee Peter Ogozalek 3-year term
Vision Planning Committee Andrea Gesner
Fran Schofield
Paul Wallace (Planning Board)
3-year term
1-year term
Water Commission Lemuel Skidmore 3-year term
Water Quality Review Committee Cynthia Baran
Roberta Barrett
Ned Chatelain
Bruce Evans
1-year term
Zoning Board of Appeals Jeff Carter
Patricia Eggers
Bruce Macgregor
3-year term
Employee Re-appointments
Committee / Board Member Term
Cape Cod Commission Ryan Bennett 3-year term
Cape Cod Municipal Health Care
Group
Lisa Vitale
Susan Broderick (alternate)
1-year term
Capital Planning Committee Mimi Bernardo 3-year term
CCC / Coastal Resources
Committee
Chris Miller N/A
Emergency Management Peter Lombardi
Robert Moran
1-year term
Harbor Master Ryan Burch N/A
Hazardous Waste Committee Amy Von Hone 1-year term
Home Consortium Barn County Jill Wertz-Scalise
Donna Kalinick (alternate)
1-year term
Municipal Hearing Officer Donna Kalinick 1-year term
Oil Spill Coordinator Griffin Ryder
Robert Moran
1-year term
Pleasant Bay Alliance Chris Miller N/A
Shellfish Constable Ryan Burch
Chris Miller
3-year term
Water Quality Review Committee Chris Miller
Victor Staley
Amy Von Hone
1-year term
Vacancies
Committee / Board # of Vacancies
Agriculture Commission 3 Openings
Alewife Committee 2 Openings
All Citizens Access 3 Openings
Archivist 1 Opening (currently no members)
Bikeways Committee 1 Opening
Cable Television Advisory Committee 5 Openings
(Review - reduce to 3 members- not statutory)
Cape Cod Regional Technical High School 1 Opening Appointed by Moderator
Council on Aging 1 Opening
Finance Committee 3 Openings
Golf Commission 1 Opening
Housing Trust 1 Opening (from Housing Partnership)
Human Services Committee 1 Opening
Library Building Committee 1 Opening
Lower Cape Community Access Television 1 Opening
Natural Resources Commission 2 Openings
Open Space Committee 1 Opening
Stonybrook Millsites Committee 1 Opening
Vision Planning Committee 2 Openings
Adopted July 6
1
FY22 BREWSTER SELECT BOARD LEADERSHIP & LIAISON ASSIGNMENTS
A. Leadership
Position FY2022
Chair, Select Board C. Bingham
Vice-Chair, Select Board D. Whitney
Clerk, Select Board N. Chatelain
Chair, Board of Public Works M. Chaffee
B. Liaison Assignments
Committee/Board/Commission Elected / Appointed # of Members FY2022
Agricultural Commission Appointed 7 K. Hoffmann
Alewife Committee Appointed 3 K. Hoffmann
All Access Citizens Committee Appointed 7 C. Bingham
Bikeways Committee Appointed Up to 7 D. Whitney
Board of Assessors Appointed 3 N. Chatelain
Board of Health Elected 5 M. Chaffee
Brewster Housing Authority Elected 5 C. Bingham
Brewster Housing Partnership Appointed 5 C. Bingham
Brewster Ladies Library - - D. Whitney
Brewster School Committee Elected 5 K. Hoffmann
Cable Television Advisory Committee Appointed 7 M. Chaffee
Cape Cod Technical High School Elected D. Whitney
Cape Cod Water Protection Collaborative Appointed 1 Brewster rep
Capital Planning Committee Appointed 5 (3 citizens, Treasurer & TA) D. Whitney
CC & I Water Protection Fund Board Appointed 15 P. Lombardi
Cemetery Commission Appointed 5 M. Chaffee
Community Center Study Committee Appointed K. Hoffmann
Community Preservation Committee Appointed 9 total; 4 SB appointees C. Bingham
Conservation Commission Appointed 7 D. Whitney
Council on Aging Appointed 7 C. Bingham
Crosby Property Committee - - C. Bingham
Cultural Council Appointed 9 K. Hoffmann
Drummer Boy Park Master Plan Committee Appointed ? D. Whitney
Energy Committee Appointed 5 C. Bingham
Finance Committee Moderator Appt. 9 D. Whitney
Golf Commission Appointed 7 D. Whitney
Historic District Committee Elected 5 (up to 7 with 2 alternates) N. Chatelain
Historical Commission Appointed 5 N. Chatelain
Housing Trust (voting member) Appointed 7 N. Chatelain
Adopted July 6
2
Committee/Board/Commission Elected / Appointed # of Members FY2022
Human Services Appointed 9 N. Chatelain
Mill-sites Committee Appointed 7 C. Bingham
Natural Resources Commission Appointed N/A M. Chaffee
Nauset Regional School Committee Elected 4 N. Chatelain
Open Space Committee 9 M. Chaffee
Planning Board Elected 7 K. Hoffmann
Recreation Commission Elected 5 K. Hoffmann
Recycling Commission Appointed 7 M. Chaffee
Regional Transit Authority Appointed 1 Brewster Rep. P. Lombardi
Tri-Town Septage Plant Board of Managers Appointed 1 P. Lombardi
Vision Planning Committee Appointed 9 K. Hoffmann
Water Commissioners Appointed 3 M. Chaffee
Water Quality Review Comm. (voting member) Appointed 7 N. Chatelain
Website Update Committee Assigned 6 M. Chaffee
Zoning Board of Appeals Appointed 9 (5 regular & 4 alternate) N. Chatelain
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: New Comcast License Agreement & Lower Cape Community Access
Television Agreement
DATE: June 16, 2021
Over the past two years, Town Managers from Truro, Wellfleet, Eastham, Orleans, and
Brewster have taken a coordinated approach to our cable license renewal negotiations
with Comcast. Those negotiations were satisfactorily completed this past winter. Here
is a synopsis of the agreed upon terms:
10 year term for renewal license
5% Gross Annual Revenues for each member town (up from 4.75% in the
current contract); projected $225k/year net to Brewster, dependent on number
of subscribers
Capital totaling $935,000, including $35k for LCCAT studio relocation costs, paid
out in annual increments, and proportional to the percentage of each town’s
subscribership to that of the total for all five towns; approximately $14k/year net
to Brewster, independent of number of subscribers
Annual revenues (45%) and capital payments (50%) to be shared with LCTV via
a pre-negotiated side agreement (see attached) that will help support their own
operating and capital needs over the next decade (Brewster annual revenues
reference above are net of this revenue sharing agreement)
Total pass through costs of GAR and capital to the average Brewster customer is
approximately $.65/mo
Build-out agreement for any street with density of 15 homes per mile, for aerial
line, 20 homes per mile underground; likely will have little impact in Brewster but
important to communities with residents in the National Seashore
Transition of BGTV Channel 18 to High Definition within 36 months
Senior Citizen Discount for qualifying seniors by side letter agreement
The Select Board held a public hearing as a required component of the license renewal
process per state and federal regulations in December 2020, with no public comment.
Since the Town has fulfilled this element of ascertainment, the Select Board can
execute the new license agreement, set to take effect this September. Both documents
have been reviewed and approved as to form by appropriate counsel including town
counsel.
Office of:
Select Board
Town Administrator
RENEWAL
CABLE TELEVISION LICENSE
FOR
THE TOWN OF BREWSTER,
MASSACHUSETTS
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
2
TABLE OF CONTENTS
INTRODUCTION ................................................................................................................................. 4
ARTICLE 1 DEFINITIONS .................................................................................................................... 5
SECTION 1.1 -DEFINITIONS ................................................................................................................................. 5
ARTICLE 2 GRANT OF RENEWAL LICENSE ...................................................................................... 10
SECTION 2.1 -GRANT OF RENEWAL LICENSE .................................................................................................... 10
SECTION 2.2 -TERM:NON-EXCLUSIVITY ........................................................................................................... 10
SECTION 2.3 –POLE AND CONDUIT ATTACHMENT RIGHTS .............................................................................. 10
SECTION 2.4 –RENEWAL .................................................................................................................................. 11
SECTION 2.5 -RESERVATION OF AUTHORITY .................................................................................................... 11
SECTION 2.6 -NON-EXCLUSIVITY OF LICENSE ................................................................................................... 11
ARTICLE 3 SYSTEM SPECIFICATIONS AND CONSTRUCTION .......................................................... 14
SECTION 3.1 –AREA TO BE SERVED .................................................................................................................. 14
SECTION 3.2 -SUBSCRIBER NETWORK .............................................................................................................. 15
SECTION 3.3 -PARENTAL CONTROL CAPABILITY ............................................................................................... 15
SECTION 3.4---EMERGENCY ALERT OVERRIDE CAPATOWN .............................................................................. 15
ARTICLE 4 TECHNOLOGICAL AND SAFETY STANDARDS ................................................................ 16
SECTION 4.1 –SYSTEM MAINTENANCE ............................................................................................................ 16
SECTION 4.2 –REPAIRS AND RESTORATION ..................................................................................................... 16
SECTION 4.3 -CABLE LOCATION........................................................................................................................ 17
SECTION 4.4 –TREE TRIMMING ........................................................................................................................ 17
SECTION 4.5 –STRAND MAPS ........................................................................................................................... 18
SECTION 4.6 –BUILDING MOVES ...................................................................................................................... 18
SECTION 4.7 –DIG SAFE .................................................................................................................................... 18
SECTION 4.8 –DISCONNECTION AND RELOCATION.......................................................................................... 18
SECTION 4.9 –EMERGENCY REMOVAL OF PLANT ............................................................................................. 19
SECTION 4.10 –PROHIBITION AGAINST RESELLING OF SERVICE ....................................................................... 19
ARTICLE 5 PROGRAMMING ............................................................................................................ 20
SECTION 5.1 -BASIC CABLE SERVICE ................................................................................................................. 20
SECTION 5.2 -PROGRAMMING ......................................................................................................................... 20
SECTION 5.3 -STEREO TV TRANSMISSIONS ...................................................................................................... 20
SECTION 5.4 –CABLE CHANNELS FOR COMMERCIAL USE ................................................................................ 20
ARTICLE 6 PEG ACCESS CHANNEL(S) AND SUPPORT ..................................................................... 21
SECTION 6.1 -PEG ACCESS CHANNEL(S) ........................................................................................................... 21
SECTION 6.2 -PEG ACCESS PROVIDER ............................................................................................................... 22
SECTION 6.3 -PEG ACCESS CABLECASTING ....................................................................................................... 22
SECTION 6.4 –PEG ACCESS SUPPORT ............................................................................................................... 23
SECTION 6.5 -PROGRAMMING EXCLUSIVITY AND NON-COMPETITION ........................................................... 24
SECTION 6.6 –INTERCONNECTION WITH COMPETING CABLE LICENSEE .......................................................... 24
SECTION 6.7 -PEG ACCESS PROGRAMMING INDEMNIFICATION ...................................................................... 24
ARTICLE 7 CUSTOMER SERVICE AND CONSUMER PROTECTION .................................................. 26
SECTION 7.1 -CUSTOMER SERVICE ................................................................................................................... 26
SECTION 7.2 –CONSUMER COMPLAINT PROCEDURES .................................................................................... 26
SECTION 7.3 -PROTECTION OF SUBSCRIBER PRIVACY ...................................................................................... 27
SECTION 7.4 -EMPLOYEE IDENTIFICATION CARDS ........................................................................................... 27
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
3
ARTICLE 8 PRICES AND CHARGES ................................................................................................... 28
SECTION 8.1 -PRICES AND CHARGES ................................................................................................................ 28
ARTICLE 9 REGULATORY OVERSIGHT ............................................................................................. 29
SECTION 9.1 -INDEMNIFICATION ..................................................................................................................... 29
SECTION 9.2 –INSURANCE................................................................................................................................ 29
SECTION 9.3 -PERFORMANCE BOND ................................................................................................................ 30
SECTION 9.4 -LICENSE FEES .............................................................................................................................. 30
SECTION 9.5 -REPORTS ..................................................................................................................................... 31
SECTION 9.6 -EQUAL EMPLOYMENT OPPORTUNITY ........................................................................................ 31
SECTION 9.7 -REVOCATION OF LICENSE ........................................................................................................... 32
SECTION 9.8 -NOTICE AND OPPORTUNITY TO CURE ........................................................................................ 32
SECTION 9.9 -LIQUIDATED DAMAGES
SECTION 9.10 -TRANSFER OR ASSIGNMENT..................................................................................................... 34
SECTION 9.11 -REMOVAL OF SYSTEM .............................................................................................................. 35
SECTION 9.12 -INCORPORATION BY REFERENCE ............................................................................................. 36
SECTION 9.13 -NO THIRD PARTY BENEFICIARIES .............................................................................................. 36
ARTICLE 10 MISCELLANEOUS ......................................................................................................... 37
SECTION 10.1 -SEVERABILITY ........................................................................................................................... 37
SECTION 10.2 -FORCE MAJEURE ...................................................................................................................... 37
SECTION 10.3 -NOTICES ................................................................................................................................... 37
SECTION 10.4 -ENTIRE AGREEMENT ................................................................................................................ 38
SECTION 10.5 -CAPTIONS ................................................................................................................................. 38
SECTION 10.6 -WARRANTIES ............................................................................................................................ 39
SECTION 10.7 -APPLICABILITY OF RENEWAL LICENSE ...................................................................................... 39
SIGNATURE PAGE ............................................................................................................................ 40
EXHIBIT A PROGRAMMING ............................................................................................................ 41
EXHIBIT B VIDEO ORIGINATION LOCATIONS ................................................................................. 42
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
4
BREWSTER RENEWAL LICENSE
INTRODUCTION
WHEREAS, Comcast Cable Communications Management LLC (hereinafter "Licensee"), is the duly
authorized holder of a renewal license to operate a cable television system in the Town of Brewster,
Massachusetts (hereinafter the "Town"), said license having commenced on November 20, 2009;
WHEREAS, Licensee filed a written request for a renewal of its license by letter dated March 13,
2017 in conformity with the Cable Communications Policy Act of 1984 (“Cable Act”) and filed a renewal
proposal dated July 19, 2019;
WHEREAS, there has been an opportunity for public comment, as required by Section 626(h) of the
Cable Act;
WHEREAS, the Issuing Authority has determined that the financial, legal, and technical ability of
Licensee is reasonably sufficient to provide services, facilities, and equipment necessary to meet the future
cable-related needs of the community, and desires to enter into this Renewal License with Licensee for the
construction and continued operation of a cable system on the terms and conditions set forth herein; and
WHEREAS, the Town’s Mayor, as the Issuing Authority, finds that Licensee has complied with the
terms of its previous license.
NOW THEREFORE, after due and full consideration, the Issuing Authority and Licensee agree that
this Renewal License is issued upon the following terms and conditions:
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
5
ARTICLE 1
DEFINITIONS
SECTION 1.1 - DEFINITIONS
For the purpose of this Renewal License, capitalized terms, phrases, words, and abbreviations shall
have the meanings ascribed to them in the Cable Communications Policy Act of 1984, as amended from
time to time, 47 U.S.C. §§ 521 et seq. (the “Cable Act”), and Massachusetts General Laws Chapter 166A
(M.G.L.c.166A), as amended from time to time, unless otherwise defined herein.
(a) Access Provider – shall mean the person, group or entity, for non-profit, designated by the
Issuing Authority for the purpose of operating and managing the use of Public, Educational and
Governmental Access funding, equipment and channels on the cable television system in accordance with
this Renewal License and 47 U.S.C. 531.
(b) Basic Cable Service – shall mean the lowest tier of service which includes the retransmission
of local television broadcast signals.
(c) Cable Act – shall mean the Cable Communications Policy Act of 1984, Public Law No. 98-549,
98 Stat. 2779 (1984), 47 U.S.C. 521 et. seq., amending the Communications Act of 1934, as further amended
by the 1992 Cable Consumer Protection and Competition Act, Public Law No. 102-385 and the
Telecommunications Act of 1996, Public Law No. 104-458, 110 Stat. 56 (1996) and as may be further
amended.
(d) Cable Division – shall mean the Competition Division of the Massachusetts Department of
Telecommunications and Cable established pursuant to Massachusetts General Laws Chapter 166A (M.G.L.
Chapter 166A) or its successor
(e) Cable Service – shall mean the one-way transmission to subscribers of (i) video programming,
or (ii) other programming service, and subscriber interaction, if any, which is required for the selection or
use of such video programming or other programming service.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
6
(f) Cable System or System – shall mean the facility owned, constructed, installed, operated and
maintained by Licensee in the Town of Brewster, consisting of a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designated to provide cable service
which includes video programming and which is provided to multiple subscribers within a community, but
such term does not include (a) a facility that serves only to retransmit the television signals of one or more
television broadcast stations; (b) a facility that serves subscribers without using any public right-of-way; (c)
a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Cable
Act, except that such facility shall be considered a cable system (other than for purposes of section 621(c)
of the Cable Act) to the extent such facility is used in the transmission of video programming directly to
subscribers unless the extent of such use is solely to provide interactive on-demand services; or (d) an open
video system that complies with section 653 of this title, or (e) any facilities of any electric utility used solely
for operating its electric utility systems.
(g) Drop – shall mean the coaxial cable that connects a home or building to the Subscriber
Network
(h) Effective Date – shall mean September 17, 2021.
(i) FCC – shall mean the Federal Communications Commission or any successor governmental
entity.
(j) Franchise Fee – shall mean the payments to be made by Licensee to the Issuing Authority,
the Town of Brewster and or any other governmental subdivision, such as an Access Provider, which shall
have the meaning as set forth in Section 622(g) of the Cable Act.
(k) Gross Annual Revenues – means the Cable Service revenue derived by the Grantee from the
operation of the Cable System in the Franchise Area to provide Cable Services, calculated in accordance
with generally accepted accounting principles (“GAAP”). Cable Service revenue includes monthly basic,
premium and pay-per-view video fees, leased access fees, advertising and home shopping revenue,
installation fees and equipment rental fees. Gross Revenue shall not include refundable deposits, bad debt,
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
7
late fees, investment income, programming launch support payments, advertising sales commissions, nor
any taxes, fees or assessments imposed or assessed by any governmental authority.
(l) Issuing Authority – shall mean the Mayor of the Town of Brewster, Massachusetts, or the
lawful designee thereof.
(m) Licensee – shall mean Comcast Cable Communications Management LLC, or any successor or
transferee in accordance with the terms and conditions in this Renewal License.
(n) License Fee – shall mean the payments to be made by Licensee to the Issuing Authority, the
Town of Brewster and or any other governmental subdivision, which shall have the meaning as set forth in
M.G.L.c. 166A, § 9.
(o) Modulator shall mean CATV modulator or equivalent device used for video signal transport.
(p) Multichannel Video Programming Distributor – shall mean a person such as, but not limited
to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a
television receive-only satellite program distributor, who makes available for purchase, by subscribers or
customers, multiple channels of video programming.
(q) Normal Operating Conditions – shall mean those service conditions which are within the control
of the Franchisee. Those conditions which are not within the control of the Franchisee include, but are not
limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or
unusual weather conditions. Those conditions which are ordinarily within the control of the Franchisee
include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or
seasonal demand periods, and maintenance or upgrade of the Cable System.
(r) Outlet – shall mean an interior receptacle that connects a television set to the Cable
Television System.
(s) PEG Access User – shall mean a Person utilizing the Cable Television System, including all related
facilities for purposes of production and/or transmission of PEG Access Programming as opposed to utilization
solely as a Subscriber.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
8
(t) Person – shall mean any natural person or any association, firm, partnership, joint venture,
corporation, or other legally recognized entity, whether for-profit or not-for profit, but shall not mean the
Issuing Authority.
(u) Public, Educational and Government (PEG) Access Programming – shall mean non-
commercial programming produced by any Brewster residents or organizations, schools and government
entities and the use of designated facilities, equipment and/or channels of the Cable System in accordance
with 47 U.S.C. 531 and this Renewal License.
(v) Public Buildings – shall mean those buildings owned or leased by the Issuing Authority for
municipal government administrative purposes, and shall not include buildings owned by Issuing Authority
but leased to third parties or buildings such as storage facilities at which government employees are not
regularly stationed.
(w) Public Way – shall mean the surface of, and the space above and below, any public street,
highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle or
other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips, or
rights-of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements
located thereon now or hereafter held by the Issuing Authority in the Town of Brewster, which shall entitle
Licensee to the use thereof for the purpose of installing, operating, repairing, and maintaining the Cable
System. Public Way shall also mean any easement now or hereafter held by the Issuing Authority within
the Town of Brewster for the purpose of public travel, or for utility or public service use dedicated for
compatible uses, and shall include other easements or rights-of-way as shall within their proper use and
meaning entitle Licensee to the use thereof for the purposes of installing, operating, and maintaining
Licensee’s Cable System over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers,
appliances, attachments, and other property as may be ordinarily necessary and pertinent to the Cable
System.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
9
(x) Renewal License or License – shall mean this Agreement and any amendments or
modifications in accordance with the terms herein.
(y) Signal – shall mean any transmission which carries Programming from one location to
another.
(z) Standard Installation – shall mean the standard one hundred fifty foot (150’) aerial Drop
connection to the existing distribution system.
(aa) Subscriber – shall mean a Person or user of the Cable System who lawfully receives Cable
Service with Licensee’s express permission.
(ab) Subscriber Network – shall mean the trunk and feeder signal distribution network over which
video and audio signals are transmitted to Subscribers.
(ac) Town – shall mean the Town of Brewster, Massachusetts.
(ad) Trunk and Distribution System – shall mean that portion of the Cable System for the delivery of
Signals, but not including Drop Cable(s) to Subscriber’s residences.
(ae) Video Programming or Programming – shall mean the programming provided by, or generally
considered comparable to programming provided by, a television broadcast station.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
10
ARTICLE 2
GRANT OF RENEWAL LICENSE
SECTION 2.1 - GRANT OF RENEWAL LICENSE
(a) Pursuant to the authority of M.G.L. c. 166A, and the Cable Act the Issuing Authority hereby
grants a non-exclusive Renewal License to Comcast of Southern New England, Inc., a Delaware Corporation,
authorizing and permitting Licensee to construct, operate and maintain a Cable System in the Public Way
within the municipal limits of the Town of Brewster. Nothing in this License shall be construed to prohibit
Licensee from offering any service over its Cable System that is not prohibited by federal or state law.
(b) This Renewal License is granted under and in compliance with the Cable Act and M.G.L.c.
166A, and in compliance with all rules and regulations of the FCC and the Cable Division in force and effect
during the period for which this Renewal License is granted.
(c) Subject to the terms and conditions herein, the Issuing Authority hereby grants to Licensee
the right to construct, upgrade, install, operate and maintain a Cable System within the Public Way.
SECTION 2.2 - TERM: NON-EXCLUSIVITY [SEE M.G.L.c. 166A §3(d) and 13]
The term of this non-exclusive Renewal License shall be for a period of ten (10) years and shall
commence on September 17, 2021, following the expiration of the current license, and shall expire at
midnight on September 16, 2031.
SECTION 2.3 - POLE AND CONDUIT ATTACHMENT RIGHTS [SEE M.G.L.c. 166 §22-25] ]
Pursuant to M.G.L.c. 166, §§22-25, permission is hereby granted to Licensee to attach or otherwise
affix including, but not limited to cables, wire, or optical fibers comprising the Cable System to the existing
poles and conduits on and under public streets and ways, provided Licensee secures the permission and
consent of the public utility companies to affix the cables and/or wires to their pole and conduit facilities.
By virtue of this License the Issuing Authority grants Licensee equal standing with power and telephone
utilities in the manner of placement of facilities on Public Ways.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
11
SECTION 2.4 - RENEWAL [SEE M.G.L.c. 166A §13]
(a) In accordance with the provisions of federal law, M.G.L.c. 166A, § 13 and applicable
regulations, this Renewal License shall be subject to additional renewals for the periods not to exceed ten
(10) years or such other periods as allowed by law.
(b) In accordance with applicable law, any such renewal or renewals shall be upon mutual written
agreement by Licensee and the Issuing Authority and shall contain such modified or additional terms as
Licensee and the Issuing Authority may then agree.
SECTION 2.5 - RESERVATION OF AUTHORITY
Nothing in this Renewal License shall (A) abrogate the right of the Issuing Authority to perform any
public works or public improvements of any description, (B) be construed as a waiver of any codes or
ordinances of general applicability and not specific to the Cable System, Licensee, or this License, or (C) be
construed as a waiver or release of the rights of the Issuing Authority in and to the Public Ways. This License
is a contract and except as to those changes which are the result of the Issuing Authority’s lawful exercise
of its general police power, the Issuing Authority may not take any unilateral action which materially
changes the explicit mutual promises in this License. Any changes to this License must be made in writing
signed by the Licensee and the Issuing Authority. Any conflict between this License and any Issuing
Authority ordinance or regulation that is not generally applicable, shall be resolved by a Court of
appropriate jurisdiction. Notwithstanding any other provision of this License, Licensee reserves the right
to challenge provisions of any ordinance, rule, regulation, or other enactment of the Issuing Authority that
conflicts with its contractual rights under this License, either now or in the future.
SECTION 2.6 - NON-EXCLUSIVITY OF LICENSE
(a) Licensee acknowledges and agrees that the Issuing Authority reserves the right to grant one
or more additional licenses or other authorizations to other Cable Service providers or wireline based video
service providers within the Town for the right to use and occupy the Public Ways or streets within the
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
12
Issuing Authorities jurisdiction. If any such additional or competitive license or other authorization is
granted by the Issuing Authorities which, in the reasonable opinion of Licensee, contains more financially
favorable or less burdensome terms or conditions than this Renewal License, including, but not limited to:
franchise fees; payment schedules, insurance; system build-out requirements; performance bonds or
similar instruments; public, education and government access channels and support; customer service
standards; required reports and related record keeping; and notice and opportunity to cure breaches; the
Issuing Authority agrees that it shall amend this Renewal License to include any more favorable or less
burdensome terms or conditions.
(b) In the event an application for a new cable television license or other authorization is filed
with the Issuing Authority, proposing to serve the Town, in whole or in part, the Issuing Authority shall serve
a copy of such application upon any existing Licensee or incumbent cable operator by registered or certified
mail or via nationally recognized overnight courier service within a reasonable time thereafter.
(c) To the extent allowed by applicable law(s), the grant of any additional cable television
license(s) or other authorization shall be on equivalent terms and conditions as those contained in this
Renewal License.
(d) The issuance of additional license(s) shall be subject to all applicable federal and state laws,
including M.G.L.c. 166A and applicable regulations promulgated thereunder.
(e) In the event that Licensee believes that any additional license(s) or other authorization has
been granted on terms or conditions more favorable or less burdensome than those contained in this
Renewal License, the Issuing Authority shall convene a public hearing on such issue, within not more than
thirty (30) days of receipt of a hearing request from Licensee. Along with said written request, Licensee
shall provide the Issuing Authority with written reasons for its belief. At the public hearing, the Issuing
Authority shall afford Licensee an opportunity to demonstrate that any such additional license(s) or other
authorization are on terms more favorable or less burdensome than those contained in this Renewal
License. Licensee shall provide the Issuing Authority with such financial or other relevant information as is
reasonably requested.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
13
(f) Should Licensee demonstrate that any such additional license(s) or other authorizations have
been granted on terms and conditions more favorable or less burdensome than those contained in this
Renewal License, the Issuing Authority shall make equitable amendments to this Renewal License within a
reasonable time.
(g) In the event that Licensee demonstrates that an existing or future Cable Service provider or
wireline based video service provider in the Town has been provided relief by the Issuing Authority from
any obligation of its license, then Licensee shall be awarded an equivalent amount of relief from the
material obligations herein. Such relief shall be in writing and in the form of an amendment to this License.
The Issuing Authority shall convene a public hearing on the issue within sixty (60) days of Licensee’s
notification to the Issuing Authority requiring such relief, unless otherwise mutually agreed to. License shall
provide reasons for its belief in the notification. At the public hearing, the Issuing Authority shall afford
Licensee an opportunity to demonstrate that any existing or future service providers in the Town have been
provided relief by the Issuing Authority from any obligation of its cable television license or other similar
lawful authorization. Licensee shall provide the Issuing Authority with such financial or other relevant
information as is reasonably requested to justify its belief; provided, however, that the parties’ counsel
mutually and reasonably deem said information is non-proprietary.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
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ARTICLE 3
SYSTEM SPECIFICATIONS AND CONSTRUCTION
SECTION 3.1 - AREA TO BE SERVED [SEE M.G.L.c. 166A §3(a)]
(a) Licensee shall upon request make Cable Service available to every residential dwelling unit
within the Town where the minimum density is at least fifteen (15) dwelling units per aerial mile and twenty
(20) dwelling units per underground mile providing however, that any request for plant extension is
measured from the existing Trunk and Distribution System and Licensee is able to obtain from property
owners any necessary easements and/or permits in accordance with Cable Act. Licensee shall make service
available to multiple dwelling units (MDU) upon request and where economically feasible and providing
that Licensee is able to obtain from the property owners any necessary easements, permits and agreements
to provide Service to said MDU. Subject to the density requirement, Licensee shall upon request offer Cable
Service to all new homes or previously unserved homes located within one hundred fifty feet (150’) of
Licensee’s Trunk and Distribution System. For non-Standard Installations Licensee shall offer said Service
within ninety (90) days of a Subscriber requesting such for aerial installations and one hundred eighty (180)
days, weather permitting, of a Subscriber requesting such for underground installations. With respect to
areas of the Town which are currently served by Licensee from a contiguous cable television system or
currently unserved but could be served by abutting Town(s) served by Licensee, Licensee shall have the
option to serve such areas from its cable television system in such abutting Town.
(b) Installation costs shall conform with the Cable Act. Any dwelling unit within an aerial one
hundred fifty feet (150 ft.) of the Trunk and Distribution System shall be entitled to a Standard Installation
rate in accordance with applicable federal and state laws. Underground installs are considered non-
standard installations. All non-standard installations shall be provided at a rate established by the Licensee
in accordance with applicable federal and state laws.
(c) Provided Licensee has at least ninety (90) days’ prior written notice concerning the opening
of residential subdivision trenching, or of the installation of conduit for the location of utilities, it shall install
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
15
its cable in such trenching or conduits or may seek permission to utilize alternative trenching or conduits
within a comparable time frame. If a substantial quantity of cable is required for a large subdivision and
said quantity is not in stock, Licensee shall be allowed additional time for said installation. The Issuing
Authority, or its designee, shall exercise reasonable efforts to have the Planning Board and developers give
timely written notice of trenching and underground construction to Licensee. Developer shall be
responsible for the digging and back-filling of all trenches.
SECTION 3.2 - SUBSCRIBER NETWORK
Licensee shall maintain a Cable Television System, fully capable of providing Cable Service in
accordance with applicable law.
SECTION 3.3 - PARENTAL CONTROL CAPABILITY
(a) Pursuant to applicable law, upon request, and at no separate, additional charge, Licensee
shall provide Subscribers with the capability to control the reception of any channel on the Cable System.
(b) The Issuing Authority acknowledges that the parental control capability may be part of a
converter box and Licensee may charge Subscriber for use of said box.
SECTION 3.4---EMERGENCY ALERT OVERRIDE CAPACITY
Licensee shall comply with the FCC’s Emergency Alert System (“EAS”) regulations.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
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ARTICLE 4
TECHNOLOGICAL AND SAFETY STANDARDS
SECTION 4.1 - SYSTEM MAINTENANCE [SEE M.G.L.c. 166A §5]
(a) In installing, operating and maintaining equipment, cable and wires, Licensee shall avoid
damage and injury to trees, structures and improvements in and along the routes authorized by the Issuing
Authority, except as may be approved by the Issuing Authority if required for the proper installation,
operation and maintenance of such equipment, cable and wires.
(b) The construction, maintenance and operation of the Cable System for which this Renewal
License is granted shall be done in conformance with all applicable state and federal laws, ordinances, codes
and regulations of general applicability and the rules and regulations of the FCC as the same exist or as same
may be hereafter changed or amended.
(c) Operating and maintenance personnel shall be trained in the use of all safety equipment and
the safe operation of vehicles and equipment. Licensee shall install and maintain its equipment, cable and
wires in such a manner as shall not interfere with any installations of the Town or any public utility serving
the Town.
(d) All structures and all equipment, cable and wires in, over, under, and upon streets, sidewalks,
alleys, and public rights of ways of the Town, wherever situated or located shall at all times be kept and
maintained in a safe and suitable condition and in good order and repair.
SECTION 4.2 - REPAIRS AND RESTORATION [SEE M.G.L.c. 166A §5(g)]
Whenever Licensee takes up or disturbs any pavement, sidewalk or other improvement of any
public right of way or public place, the same shall be replaced and the surface restored in as good condition
as possible as before entry as soon as practicable. If Licensee fails to make such restoration within a
reasonable time, the Issuing Authority may fix a reasonable time for such restoration and repairs, and shall
notify Licensee in writing of the restoration and repairs required and the time fixed for the performance
Renewal Cable Television License for the Town of Brewster, MA
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thereof. Upon failure of Licensee to comply within the time specified, the Issuing Authority may cause
proper restoration and repairs to be made and the expense of such work shall be paid by Licensee upon
written demand by the Issuing Authority. Prior to such repair or restoration the Town shall submit a written
estimate to Licensee of the actual cost of said repair or restoration.
SECTION 4.3 - CABLE LOCATION
(a) In all areas of the Town where all of the transmission and distribution facilities of all public or
municipal utilities are installed underground, Licensee shall install its Cable System underground, provided
that such facilities are actually capable of receiving the Licensee’s cable and other equipment without
technical degradation of the Cable System’s signal quality.
(b) In all areas of the Town where public utility lines are aerially placed, if subsequently during
the term of the Renewal License such public utility lines are required by the Issuing Authority or State to be
relocated aerially or underground, Franchisee shall similarly relocate its Cable System if it is given
reasonable notice and access to the public and municipal utilities facilities at the time that such are placed
underground. Any costs incurred by Licensee for relocating the Cable System shall be entitled to
reimbursement of such relocation costs in the event public or private funds are raised for the project and
made available to other users of the Public Way. In the event that funds are not made available for
reimbursement, Licensee reserves the right to pass through its costs to Subscribers.
(c) Nothing in this Section shall be construed to require Licensee to construct, operate, or
maintain underground any ground-mounted appurtenances such as customer taps, line extenders, system
passive devices, amplifiers, power supplies, pedestals, or other related equipment.
SECTION 4.4 - TREE TRIMMING [SEE M.G.L.c. 166A §5(a)]
In installing, operating and maintaining equipment, cable and wires, Licensee shall avoid all
unnecessary damage and injury to trees, structures and improvements in an along the routes authorized
by this License.
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SECTION 4.5 – STRAND MAPS
Upon written request, the Licensee shall file with the Issuing Authority strand maps of the Cable
System plant installed. Upon written request said strand maps shall also be provided in electronic format
if they exist in said electronic format. The Licensee shall not be required to provide a particular type of
electronic format which is different from the electronic format the Licensee maintains.
SECTION 4.6 - BUILDING MOVES [SEE M.G.L.c. 166 §39]
(a) In accordance with applicable laws, Licensee shall, upon the written request of any Person
holding a building moving permit issued by the Town, temporarily raise or lower its wires to permit the
moving of the building(s). Licensee shall be given not less than thirty (30) days’ advance written notice to
arrange for such temporary wire changes. The cost to raise or lower wires shall be borne by the Person(s)
holding the building move permit.
(b) Licensee shall have the right to seek reimbursement under any applicable insurance or
government program for reimbursement.
SECTION 4.7 - DIG SAFE [SEE M.G.L.c. 82 §40]
Licensee shall comply with applicable “dig safe” provisions pursuant to M.G.L.c. 82, § 40.
SECTION 4.8 - DISCONNECTION AND RELOCATION [SEE M.G.L.c. 166 §39]
(a) In accordance with applicable law, Licensee shall, at its sole cost and expense, protect,
support, temporarily disconnect, relocate in the same street, or other Public Right of Ways, or remove from
any street or any other Public Ways and places, any of its property as required by the Issuing Authority by
reason of traffic conditions, public safety, street construction, change or establishment of street grade, or
the construction of any public improvement or structure by any Town department acting in a lawful
governmental capacity.
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(b) In requiring Licensee to protect, support, temporarily disconnect, relocate or remove any
portion of its property, the Issuing Authority shall treat Licensee the same as, and require no more of
Licensee, than any other similarly situated utility.
(c) In either case, Licensee shall have the right to seek reimbursement under any applicable
insurance or government program for reimbursement. All cable operators or public or municipal utility
companies shall be treated alike if reimbursed for such costs by the Town.
SECTION 4.9 - EMERGENCY REMOVAL OF PLANT
(a) If, at any time, in case of fire or disaster in the Town, it shall be necessary in the reasonable
judgment of the Issuing Authority to cut or move any of the wires, cable or equipment of the Cable
Television System, the Town shall have the right to do so without cost or liability, provided however that,
wherever possible, the Issuing Authority shall give Licensee written notice and the ability to relocate wires,
cable or other equipment.
(b) In either case, Licensee shall have the right to seek reimbursement under any applicable
insurance or government program for reimbursement. All cable operators or public or municipal utility
companies shall be treated alike if reimbursed for such costs by the Town.
SECTION 4.10 – PROHIBITION AGAINST RESELLING OF SERVICE
No Person shall resell, without the express prior written consent of Licensee, any Cable Service,
program or signal transmitted over the Cable System by Licensee.
Renewal Cable Television License for the Town of Brewster, MA
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ARTICLE 5
PROGRAMMING
SECTION 5.1 - BASIC CABLE SERVICE
Licensee shall make available a Basic Cable Service tier to all subscribers in accordance with 47
U.S.C. 534.
SECTION 5.2 - PROGRAMMING
(a) Pursuant to 47 U.S.C. 544, Licensee shall maintain the mix, quality and broad categories of
Video Programming as set forth in Exhibit A. Pursuant to federal law, all Video Programming decisions,
excluding PEG Access Programming, are at the sole discretion of Licensee.
(b) Licensee shall comply with 76.1603(c) of the FCC Rules and Regulations as well as 207 CMR
10.02 of the Massachusetts Cable Television Division Rules and Regulations regarding notice of
programming changes.
SECTION 5.3 - STEREO TV TRANSMISSIONS
All Broadcast Signals that are transmitted to Licensee’s headend in stereo shall be transmitted in
stereo to Subscribers.
SECTION 5.4 – CABLE CHANNELS FOR COMMERCIAL USE
Pursuant to 47 U.S.C. 532, Licensee shall make available channel capacity for commercial use by
persons unaffiliated with Licensee. Rates for use of commercial leased access channels shall be negotiated
between Licensee and the commercial user in accordance with federal law.
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ARTICLE 6
PEG ACCESS CHANNEL(S) AND SUPPORT
SECTION 6.1 - PEG ACCESS CHANNEL(S)
(a) Use of a video channel for PEG Access Programming shall be provided in accordance with
federal law, 47 U.S.C. 531, and as further set forth below. Licensee does not relinquish its ownership of or
ultimate right of control over a channel by designating it for PEG use. A PEG Access User – whether an
individual, educational or governmental user – acquires no property or other interest by virtue of the use
of a channel so designated, and may not rely on the continued use of a particular channel number, no
matter how long the same channel may have been designated for such use. Licensee shall not exercise
editorial control over any public, educational, or governmental use of a PEG Access Channel, except
Licensee may refuse to transmit any Public Access program or portion of a Public Access program that
contains obscenity, indecency, or nudity pursuant to Section 611 of the Cable Act. The Issuing Authority
shall be responsible for developing, implementing, interpreting and enforcing rules for PEG Access Channel
use which shall ensure that PEG Access Channel(s) and PEG Access equipment will be available on a first-
come non-discriminatory basis.
(b) Licensee shall designate three (3) channel(s) for a PEG Access Programming purposes. A PEG
Access Channel may not be used to cablecast for-profit, political or commercial fundraising programs in any
fashion. Unused capacity may be utilized by Licensee subject to the provisions set forth in subsection (c)
below.
(c) In the event the Issuing Authority or other PEG Access User elects not to fully program it’s
Channel(s) with original PEG Access Programming, Licensee may reclaim any unused time on those
channels, following six (6) months’ written notice to the Issuing Authority.
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SECTION 6.2 - PEG ACCESS PROVIDER
Beginning on the Effective Date, the Access Provider shall provide services to PEG Access Users and the
Town as follows:
(1) Schedule, operate and program the PEG Access channels provided in accordance with Section
6.3 below;
(2) Manage the annual funding, pursuant to Section 6.4 below;
(3) Purchase, maintain and/or lease equipment, with the funds allocated for such purposes in
Section 6.4 below;
(4) Conduct training programs in the skills necessary to produce PEG Access Programming;
(5) Provide technical assistance and production services to PEG Access Users;
(6) Establish rules, procedures and guidelines for use of the PEG Access Channels;
(7) Provide publicity, fundraising, outreach, referral and other support services to PEG Access Users;
(8) Assist PEG Access Users in the production of Video Programming of interest to Subscribers and
issues, events and activities; and
(9) Accomplish such other tasks relating to the operation, scheduling and/or management of the
PEG Access Channels, facilities and equipment as appropriate and necessary.
SECTION 6.3 PEG ACCESS CABLECASTING
(a) In order that PEG Access Programming can be cablecast over Licensee’s downstream PEG
Access Channel, all PEG Access Programming shall be modulated, then transmitted from an origination
location listed in Exhibit B to Licensee-owned headend or hub-site on a Licensee-owned upstream channel
made available, without charge, to the Town for its use. At Licensee-owned headend, said PEG Access
Programming shall be retransmitted in the downstream direction on one Licensee-owned Subscriber
Network downstream PEG Access Channels.
(b) Licensee shall provide and maintain all necessary switching and/or processing equipment
located at its hub-site or headend in order to switch upstream signals carrying PEG Access Programming
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from the location listed in Exhibit B to the designated Licensee-owned Subscriber Network downstream
PEG Access Channel.
(c) Licensee shall own, maintain, repair and/or replace any Licensee-owned headend or hub-site
audio and/or video signal processing equipment. The Town and/or PEG access provider shall own, maintain,
repair and/or replace studio and/or portable modulators and demodulators. The demarcation point
between Licensee’s equipment and the Town’s or PEG Access provider’s equipment shall be at the output
of the Town’s and/or the PEG Access provider’s modulator(s)or equivalent device at any of the origination
locations in Exhibit B.
(d)Subject to written request and payment by the Town or its Access Provider as set out herein,
the Licensee shall, within thirty-six (36) months of the Effective Date of this License, purchase, install and
operate standard definition serial digital interface (SD/SDI) equipment at the PEG Access video return hub for
three (3) SD PEG Access Channels and high definition interface equipment for one (1) HD PEG Access
Channel. Said equipment shall be used for transport of said PEG Access signal(s) to Comcast’s headend facility
to enable the Issuing Authority, its designee(s) and/or the Access Provider to cablecast their PEG Access
Programming over the Subscriber Network PEG Access Downstream Channels. The Licensee shall provide
the Town with an invoice for the cost of the project. Prior to making any payment to the Licensee, the
Licensee shall provide the Issuing Authority with a written invoice detailing the cost for said serial digital
interface equipment. The Licensee shall own, maintain and repair and/or, if necessary, replace, said
equipment for the entire term of this Renewal License
SECTION 6.4 – PEG ACCESS SUPPORT
(a) Licensee shall provide a Franchise Fee to the Issuing Authority, or its designee, for PEG Access
purposes, equal to five percent (5%) of its Gross Annual Revenues, less applicable License Fees and
assessments from any state or other governmental agencies. Said Franchise Fee shall be used for salaries,
operating and other expenses related to PEG Access programming operations, equipment and/or facilities.
Said five percent (5%) Franchise Fee shall be made to the Issuing Authority, or its designee, on a quarterly
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basis. The first payment shall be made on November 15, 2021 for the period of the effective date through
September 30, 2021. Quarterly thereafter, Licensee shall provide payments each February 15th, May 15th,
August 15th and November 15th based on revenues from the previous calendar quarter.
(b) In addition to the payments detailed in Section (a) above the Licensee shall provide a total of
Two Hundred Eighty Eight Thousand Dollars ($288,000) to the Issuing Authority for PEG Access
equipment/facilities purposes as follows:
I.Twenty-Eight Thousand Eight Hundred Dollars ($28,800) payable to the Issuing
Authority within ninety (90) days of the Effective Date of this Renewal License;
and annually thereafter;
II.Annual payments of Twenty-Eight Thousand Eight Hundred Dollars ($28,800)
payable to the Issuing Authority on March 17, 2023 through March 17, 2031.
The tenth and final payment will be the March 17, 2031 payment.
SECTION 6.5 - PROGRAMMING EXCLUSIVITY AND NON-COMPETITION
The Issuing Authority, or its designee, agrees that it will not use its designated PEG Access
channel(s),equipment, or other facilities to provide for-profit commercial services which have the effect of
competing with Licensee’s business. In addition, any Video Programming produced under the provisions of
this Article 6 shall not be commercially distributed to a competing Multichannel Video Programming
Distributor without the written consent of Licensee.
SECTION 6.6 – INTERCONNECTION WITH COMPETING CABLE LICENSEE
In the event a License is issued by the Issuing Authority to a competing Licensee, the competing
Licensee may not connect its system to Licensee’s Cable System for purposes of obtaining PEG Access
Programming from the Licensee’s PEG Access channels without the prior written consent of Licensee.
SECTION 6.7 - PEG ACCESS PROGRAMMING INDEMNIFICATION
The Issuing Authority and/or the Access Provider shall indemnify the Licensee for any liability, loss
or damage it may suffer due to violation of the intellectual property rights of third parties or arising out of
Renewal Cable Television License for the Town of Brewster, MA
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the content of programming aired on any PEG channel and from claims arising out of the Issuing Authority’s
rules for or administration of PEG Access Programming.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
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ARTICLE 7
CUSTOMER SERVICE AND CONSUMER PROTECTION
SECTION 7.1 - CUSTOMER SERVICE/CUSTOMER SERVICE OFFICE
Licensee shall comply with all customer service regulations of the FCC (47 CFR §76.309), and the
regulations of the Massachusetts Department of Telecommunications and Energy, Cable Division, governing
billing practices, at 207 CMR §10.01, et. seq., as they exist or as they may be amended from time to time.
Likewise, Licensee shall comply with the customer service regulations promulgated by the Cable Division as
they exist or as they may be amended from time to time.
Sixty (60) months from the Effective Date of this Renewal License, the Licensee shall continue to
maintain, operate and staff, a full-time customer service office within the Town of Brewster , open for walk-in
business Monday through Friday, during Normal Business Hours, for the purpose of, among other things,
receiving monthly bill collections, installation and change of service and service call requests,
exchanging/replacing customer equipment, receiving all customer inquiries and Complaints, made in person,
including without limitation, those regarding billing, Service, installation, equipment malfunctions; and
answering general inquiries.
SECTION 7.2 - CONSUMER COMPLAINT PROCEDURES [SEE M.G.L.c. 166A §10]
Complaints by any Person as to the operation of the Cable System may be filed in writing with the
Cable Division or with the Issuing Authority, each of which shall within ten (10) days forward copies of such
complaints to the other. The Issuing Authority and the Cable Division shall be notified by Licensee on forms
to be prescribed by the Cable Division not less than annually, of the complaints of subscribers received
during the reporting period and the manner in which they have been met, including the time required to
make any necessary repairs or adjustments.
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SECTION 7.3 - PROTECTION OF SUBSCRIBER PRIVACY
Licensee shall comply with applicable federal and state privacy laws and regulations, including 47
U.S.C. 551.
SECTION 7.4 - EMPLOYEE IDENTIFICATION CARDS
All of Licensee’s employees, including repair and sales personnel, entering private property shall be
required to carry an employee identification card issued by Licensee.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
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ARTICLE 8
PRICES AND CHARGES
SECTION 8.1 - PRICES AND CHARGES
(a) All rates, fees, charges, deposits and associated terms and conditions to be imposed by
Licensee or any affiliated Person for any Cable Service as of the Effective Date shall be in accordance with
applicable FCC’s rate regulations [47 U.S.C. 543]. Before any new or modified rate, fee, or charge is
imposed, Licensee shall follow the applicable FCC and State notice requirements and rules and notify
affected Subscribers, which notice may be by any means permitted under applicable law. Nothing in this
Renewal License shall be construed to prohibit the reduction or waiver of charges in conjunction with
promotional campaigns for the purpose of attracting or retaining Subscribers.
(b) The Issuing Authority acknowledges that under the Cable Act, certain costs of Public,
Educational and Governmental (“PEG”) Access and other license/franchise requirements may be passed
through to the Subscribers in accordance with federal law.
Renewal Cable Television License for the Town of Brewster, MA
Term: 9/17/2021 – 9/16/2031 (10 yrs.)
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ARTICLE 9
REGULATORY OVERSIGHT
SECTION 9.1 - INDEMNIFICATION
Licensee shall indemnify, defend and hold harmless the Issuing Authority, its officers, employees,
and agents from and against any liability or claims resulting from property damage or bodily injury
(including accidental death) that arise out of Licensee’s construction, operation, maintenance or removal
of the Cable System, including, but not limited to, reasonable attorney’s fees and costs, provided that the
Issuing Authority shall give Licensee timely written notice of its obligation to indemnify and defend the
Issuing Authority within the timely receipt of a claim or action, sufficient to avoid entry of a default
judgment against the Issuing Authority. If the Issuing Authority determines that it is necessary for it to
employ separate counsel, the costs for such separate counsel shall be the responsibility of the Issuing
Authority.
SECTION 9.2 – INSURANCE
(a) Licensee shall carry Commercial General Liability insurance throughout the term of this
Renewal License and any removal period pursuant to M.G.L.c. 166A, § 5(c) with an insurance company
authorized to conduct business in Massachusetts protecting, as required in this Renewal License, Licensee
and listing the Town as an additional insured, against any and all claims for injury or damage to persons or
property, both real and personal, caused by the construction, installation, operation, maintenance or
removal of its Cable System. The amount of such insurance against liability for personal injury and property
damage shall be no less than One Million Dollars ($1,000,000) as to any one occurrence. The amount of
such insurance for excess liability shall be Five Million Dollars ($5,000,000) in umbrella form. (b) Licensee
shall carry insurance against all claims arising out of the operation of motor vehicles in the amount of One
Million Dollars ($1,000,000) combined single limit for bodily injury and consequent death and property
damage per occurrence;
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(c) All insurance coverage, including Workers' Compensation, shall be maintained throughout
the period of this Renewal License. All expenses incurred for said insurance shall be at the sole expense of
Licensee.
(d) Licensee shall provide the Issuing Authority upon request with certificate(s) of insurance for
all policies required herein upon expiration of policies.
SECTION 9.3 - PERFORMANCE BOND
(a) Licensee has submitted and shall maintain throughout the duration of this Renewal License and
any removal period pursuant to M.G.L.c. 166A, § 5(c) a performance bond in the amount of Fifty Thousand
Dollars ($50,000) running to the Town with a surety company satisfactory to the Issuing Authority to
guarantee the following terms:
(1) the satisfactory completion of the installation and operation of the Cable
System in the time schedule provided herein and otherwise of M.G.L.c. 166A,
§ 5(a), (m) and (n);
(2) the satisfactory restoration of pavements, sidewalks and other
improvements in accordance with M.G.L.c. 166A, § 5(g);
(3) the indemnity of the Town in accordance with M.G.L.c. 166A, § 5(b); and
(4) the satisfactory removal or other disposition of the Cable System in
accordance with M.G.L.c. 166A, § 5(f).
SECTION 9.4 - LICENSE FEES
(a) During the term of the Renewal License the annual License Fee payable to the Issuing
Authority shall be the maximum allowable by law, per Subscriber served as of the last day of the preceding
calendar year, payable on or before March 15th of the said year. Pursuant to M.G.L.c. 166A, § 9, this fee is
currently fifty cents ($.50) per Subscriber
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(b) In accordance with Section 622(b) of the Cable Act, Licensee shall not be liable for a total
financial commitment pursuant to this Renewal License and applicable law in excess of five percent (5%) of
its Gross Annual Revenues; provided, however, that said five percent (5%) shall include (i) the PEG Access
Annual Support (Section 6.4, and (ii) any amounts included in the term “Franchise Fee” pursuant to Section
622(g)(1) of the Cable Act), but shall not include the following: (i) PEG Access Capital Support (Section 6.
4(B)); (ii) interest due herein to the Issuing Authority because of late payments; and (iii) any other exclusion
to the term “Franchise Fee” pursuant to Section 622(g)(2) of the Cable Act.
(c) All payments by Licensee to the Town pursuant to this Section shall be made payable to the
Town unless otherwise agreed to in writing by the parties.
SECTION 9.5 - REPORTS
(a) Licensee shall file annually with the Cable Division on forms prescribed by the Cable Division,
a sworn statement of its revenues and expenses for official use only. In addition, Licensee shall also file
with the Cable Division, a financial balance sheet and statement of ownership which shall be supplied upon
written request of the Issuing Authority. These requirements shall be subject to the regulations of the Cable
Division.
(b) In addition, Licensee shall maintain for public inspection all records required by the FCC and
as specified in 47 CFR §76.305 in the manner prescribed therein.
(c) Upon written request, Licensee shall make available to the Issuing Authority all reports
required by this section, and subject to requirements of confidentiality for proprietary information.
SECTION 9.6 - EQUAL EMPLOYMENT OPPORTUNITY
Licensee is an Equal Opportunity Employer and shall comply with applicable FCC regulations with
respect to Equal Employment Opportunities.
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SECTION 9.7 - REVOCATION OF LICENSE
The License issued hereunder may, after due written notice and hearing per Section 9.8 (Notice and
Opportunity to Cure), be revoked by the Issuing Authority or the Cable Division for any of the following
reasons:
(a) For false or misleading statements in, or material omissions from, the application submitted
under M.G.L.c. 166A, § 4;
(b) For failure to file and maintain the performance bond as described in Section 9.3
(Performance Bond) or to maintain insurance as described in Section 9.2 (Insurance);
(c) For repeated failure to comply with the material terms and conditions herein required by
M.G.L.c. 166A, §5;
(d) For repeated failure, as determined by the Cable Division, to maintain signal quality pursuant
to the standards provided for by the FCC and/or Cable Division;
(e) For any transfer or assignment of the Renewal License or control thereof without consent of
the Issuing Authority in violation of Section 9.9 herein; and
(f) For failure to complete construction in accordance with the provisions of the Renewal
License.
SECTION 9.8 - NOTICE AND OPPORTUNITY TO CURE
In the event that the Issuing Authority has reason to believe that Licensee has defaulted in the
performance of any or several material provisions of this Renewal License, except as excused by Force Majeure,
the Issuing Authority shall notify Licensee in writing, by certified mail, of the material provision or provisions
which the Issuing Authority believes may have been in default and the details relating thereto. Licensee shall
have thirty (30) days from the receipt of such notice to:
(a) respond to the Issuing Authority in writing, contesting the Issuing Authority's assertion of default
and providing such information or documentation as may be necessary to support Licensee's position; or
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(b) cure any such default (and provide written evidence of the same), or, in the event that by nature
of the default, such default cannot be cured within such thirty (30) day period, to take reasonable steps to cure
said default and diligently continue such efforts until said default is cured. Licensee shall report to the Issuing
Authority, in writing, by certified mail, at forty-five (45) day intervals as to Licensee's efforts, indicating the steps
taken by Licensee to cure said default and reporting Licensee's progress until such default is cured.
(c) In the event that (i) Licensee fails to respond to such notice of default; and/or (ii) Licensee fails
to cure the default or to take reasonable steps to cure the default within the required forty-five (45) day period;
the Issuing Authority or its designee shall promptly schedule a public hearing no sooner than fourteen (14) days
after written notice, by certified mail, to Licensee. Licensee shall be provided reasonable opportunity to offer
evidence, question witnesses, if any, and be heard at such public hearing.
(d) Within thirty (30) days after said public hearing, the Issuing Authority shall issue a written
determination of its findings. In the event that the Issuing Authority determines that Licensee is in such default,
the Issuing Authority may determine to pursue any lawful remedy available to it.
(e) In the event that (i) the Issuing Authority fails to issue a written reply within 30 days accepting or
rejecting Licensees' response pursuant to 9.8(a) above; (ii) the Issuing Authority fails to issue a written
acknowledgement after Licensee's notice that it cured said default pursuant to 9.8(b) above; and/or (iii) the
Issuing Authority fails to schedule a public hearing no later than thirty (30) days of having sent a written notice
consistent with Section 9.8(c) above and/or (iv) the Issuing authority fails to issue a written determination with
thirty (30) days after the public hearing pursuant to Section 9.8(d) above , then the issue of said default against
Licensee by the Issuing Authority shall be considered null and void.
SECTION 9.9 – LIQUIDATED DAMAGES
For the violation of any of the following material provisions of this Renewal License,
liquidated damages shall be paid by the Licensee to the Town, subject to Section 9.8 (Notice and
Opportunity to Cure) above. Any such liquidated damages shall be assessed as of the date that the
Licensee receives written notice, by certified mail, pursuant to Section 9.8 (Notice and Opportunity
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to Cure) above, of the provision(s) which the Issuing Authority believes to be in default, unless
cured pursuant to Section 9.8 (Notice and Opportunity to Cure) above.
1.For failure to extend service to any resident in accordance with Article 3 (Area to be Served)
herein, One Hundred and Fifty Dollars ($150.00) per day, for each day that such non-
compliance continues.
2.For failure to comply with the FCC’s Customer Service Obligations, 47 CFR §76.309, and the
Massachusetts Department of Telecommunications and Energy (“DTE”), Cable Division,
Billing Practices Regulation, 207 CMR §10.01 et seq., as each may from time to time be
amended, and in compliance with Sections 7.1 and 7.2. Fifty Dollars ($50.00) for each day
that any such non-compliance continues.
3.For failure to operate and maintain the Cable Television System, in accordance with Section
4.1 (System Maintenance) herein, Fifty ($50.00) per day, for each day such non-compliance
continues.
4.For failure to comply with the PEG access commitments contained in Article 6 (PEG Access
Channels and Support) herein, Fifty ($50.00) per day, for each day such non-compliance
continues longer than 30 days.
5.For failure to maintain the bonds and insurance required by Sections 9.2 and 9.3 (Insurance
and Bonds) herein, One Hundred Dollars ($100.00) per day, for each day of non-
compliance.
All similar violations or failures from the same factual events affecting multiple Subscribers shall
be assessed as a single violation, and each violation or a failure may only be assessed as a single
material violation.
SECTION 9.10 - TRANSFER OR ASSIGNMENT
In accordance with applicable law, this Renewal License or control hereof shall not be transferred
or assigned without the prior written consent of the Issuing Authority, which consent shall not be arbitrarily
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or unreasonably withheld. The consent of the Issuing Authority shall be given only after a hearing upon
written application therefor on forms prescribed by the Cable Division. Pursuant to 207 CMR 4.01(2), a
transfer or assignment of a license or control thereof between commonly controlled entities, between
affiliated companies, or between parent and subsidiary corporations, shall not constitute a transfer or
assignment of a license or control thereof under M.G.L.c.166A Section 7. Under 207 CMR 4.00, an “affiliated
company” is any person or entity that directly or indirectly or through one or more intermediaries, controls,
is controlled by, or is under common control with another person or entity. The application for consent to
an assignment or transfer shall be signed by Licensee and by the proposed assignee or transferee or by their
representatives, evidence of whose authority shall be submitted with the application. Within thirty (30)
days of receiving a request for consent, the Issuing Authority shall, in accordance with State and FCC rules
and regulations, notify Licensee in writing of the additional information, if any, it requires to determine the
legal, financial, technical and managerial qualifications of the transferee or new controlling party. If the
Issuing Authority has not taken action on Licensee’s request for consent within one hundred twenty (120)
days after receiving such request, consent shall be deemed given.
SECTION 9.11 - REMOVAL OF SYSTEM
Upon termination of this Renewal License or denial of any renewal hereof by passage of time or
otherwise in accordance with applicable law and after all appeals from any judicial determination are
exhausted and final, Licensee shall remove its supporting structures, poles, transmission and distribution
systems and other appurtenances from the streets, ways, lanes, alleys, parkways, bridges, highways, and
other public and private places in, over, under, or along which they are installed and shall restore the areas
to their original condition. If such removal is not completed within six (6) months of such termination, the
Issuing Authority or property owner may deem any property not removed as having been abandoned.
Notwithstanding the above, Franchisee shall not be required to remove its Cable System, or to relocate the
Cable System, or to sell the Cable System, or any portion thereof as a result of termination, denial of
Renewal Cable Television License for the Town of Brewster, MA
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renewal, or any other lawful action to forbid or disallow Franchisee from providing Cable Service, if the
Cable System is actively being used to facilitate any other services not governed by the Cable Act.
SECTION 9.12 - INCORPORATION BY REFERENCE
(a) All presently and hereafter applicable conditions and requirements of federal, state and
generally applicable local laws, including but not limited to M.G.L.c. 166A, and the rules and regulations of
the FCC and the Cable Division, as they may be amended from time to time, are incorporated herein by
reference, to the extent not enumerated herein. However, no such generally applicable local laws, rules,
regulations and codes, as amended, may alter the obligations, interpretation and performance of this
Renewal License to the extent that any provision of this Renewal License conflicts with or is inconsistent
with such generally applicable local laws, rules or regulations.
SECTION 9.13 - NO THIRD PARTY BENEFICIARIES
Nothing in this Renewal License is intended to confer third-party beneficiary status on any
member of the public to enforce the terms of this Renewal License.
Renewal Cable Television License for the Town of Brewster, MA
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ARTICLE 10
MISCELLANEOUS
SECTION 10.1 - SEVERABILITY
If any section, subsection, sentence, clause, phrase, or other portion of this Renewal License is, for
any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other
authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions
shall continue in full force and effect.
SECTION 10.2 - FORCE MAJEURE
If for any reason of force majeure Licensee is unable in whole or in part to carry out its obligations
hereunder, said Licensee shall not be deemed in violation or default during the continuance of such inability.
Unless further limited elsewhere in this Renewal License, the term "force majeure" as used herein shall have
the following meaning: strikes; acts of god; acts of public enemies, orders of any kind of the government of
the United States of America or of the Commonwealth of Massachusetts or any of their departments,
agencies, political subdivisions, or officials, or any civil or military authority; insurrections; riots, epidemics;
landslides; lightning; earthquakes; tornados; fires; hurricanes; volcanic activity; storms; floods; washouts;
droughts, environmental restrictions, arrests; civil disturbances; explosions; partial or entire failure of utilities;
unavailability of materials and/or essential equipment, environmental restrictions or any other cause or event
not reasonably anticipated or within Licensee's control.
SECTION 10.3 - NOTICES
(a) Every notice to be served upon the Issuing Authority shall be shall be sent by certified mail,
nationally recognized overnight courier service or other means as allowed by applicable law and providing for
a receipt as proof of delivery to the following address or such other address as the Issuing Authority may
specify in writing to Licensee.
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Town of Brewster
Mr. Peter Lombardi, Town Administrator
2198 Main Street
Brewster, MA 02631-3701
(b) Every notice served upon Licensee shall be delivered or sent by certified mail (postage prepaid)
or nationally recognized overnight courier service to the following address or such other address as Licensee
may specify in writing to the Issuing Authority.
Comcast Cable Communications, Inc.
Attn: Government Relations
181 Ballardvale St.
Wilmington, MA 01887
with copies to:
Comcast Cable Communications, Inc.
Attn: Vice President, Government Relations
676 Island Pond Road
Manchester, NH 03109
Comcast Cable Communications, Inc.
Attn: Government Affairs
One Comcast Center
Philadelphia, PA 19103
(c) Delivery of such notices shall be equivalent to direct personal notice, direction or order, and
shall be deemed to have been given at the time of receipt.
SECTION 10.4 - ENTIRE AGREEMENT
This instrument contains the entire agreement between the parties, supersedes all prior agreements
or proposals except as specifically incorporated herein, and cannot be changed without written amendment
signed by the Issuing Authority and the Licensee.
SECTION 10.5 - CAPTIONS
The captions to sections throughout this Renewal License are intended solely to facilitate reading and
reference to the sections and provisions of the Renewal License. Such sections shall not affect the meaning
or interpretation of the Renewal License.
Renewal Cable Television License for the Town of Brewster, MA
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SECTION 10.6 - WARRANTIES
Licensee warrants, represents and acknowledges that, as of the Effective Date of this Renewal License:
(a) Licensee is duly organized, validly existing and in good standing under the laws of the State;
(b) Licensee has the requisite power and authority under applicable law and its by-laws and articles
of incorporation and/or other organizational documents, is authorized by resolutions of its Board of Directors
or other governing body, and has secured all consents which are required to be obtained as of the date of
execution of this Renewal License, to enter into and legally bind Licensee to this Renewal License and to take
all actions necessary to perform all of its obligations pursuant to this Renewal License;
(c) This Renewal License is enforceable against Licensee in accordance with the provisions herein;
and
(d) There is no action or proceedings pending or threatened against Licensee which would interfere
with performance of this Renewal License.
SECTION 10.7 - APPLICABILITY OF RENEWAL LICENSE
All of the provisions in this Renewal License shall apply to the Town, Licensee, and their respective
successors and assigns.
Renewal Cable Television License for the Town of Brewster, MA
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WITNESS OUR HANDS AND OFFICIAL SEAL, THIS ________DAY OF JUNE, 2021.
TOWN OF BREWSTER, MA
SELECT BOARD
By: ______________________________
Cynthia Bingham
By: ______________________________
David Whitney
By: ______________________________
Kari Hoffman
By: ______________________________
Mary Chaffee
By: ______________________________
Ned Chatelain
COMCAST CABLE COMMUNICATIONS MANAGEMENT LLC
By:
_____________________________
Tracy L. Pitcher, Sr. Vice President
Greater Boston Region
#734888v2/BREW/0026
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EXHIBIT A
PROGRAMMING
Licensee shall provide the following broad categories of Video Programming:
News Programming;
Sports Programming;
Public Affairs Programming;
Children’s Programming;
Entertainment Programming; and
Local Programming.
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EXHIBIT B
VIDEO ORIGINATION LOCATIONS
(1)Brewster Town Hall (Hub), 2198 Main Street;
(2)Brewster Ladies’ Library, 1822 Main Street;
(3)Senior Center, 1673 Main Street;
(4)Eddy School, 2298 Main Street;
(5)Stony Brook School, 384 Underpass Road.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
1
This Agreement between the Town of Brewster and Lower Cape Community Access Television
Inc. (“Agreement”) is made this day of __________, 2021, by and between the Town of Brewster,
Massachusetts, a municipal corporation, (hereinafter also referred to as the "Town") acting by and
through its Select Board (also referred to as the "Issuing Authority" in the cable license with Comcast of
Massachusetts I, Inc.), and Lower Cape Community Access Television, Inc. (hereinafter also referred to
as "LCCAT"), a nonprofit corporation duly established under the laws of the Commonwealth of
Massachusetts, who agree as follows:
RECITALS:
WHEREAS, the Town of Brewster (hereinafter also referred to as the "Town") granted a Cable
Television Renewal License to Comcast of Massachusetts, I, Inc, (hereinafter also referred to as
"Comcast") for an Amended/ Restated Term from March 1, 2010 through September 17, 2011, and a
Renewal Terms from September 18, 2011 through September 17, 2021, and for a further Renewal
License for the 10-year term beginning September 17, 2021. (References to Comcast in this Agreement
shall apply to any and all transferees or successors to Comcast);
WHEREAS, the respective cable television license referenced above provides to the Town and
its residents certain Public, Educational and/or Government ("PEG") Access Channels together with
funding and support to the Town and/or its designee (i.e. an access corporation) for PEG Access
operations, facilities and equipment.
WHEREAS, the Town currently plans to continue to manage, operate and program its
Government Access Channel, it has decided to contract with a non-profit Access corporation for: (i) the
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
2
management, operation and programming of a Public Access Channel; and (ii) the provision of Access
equipment, and training in support of said equipment for the cablecasting of Educational Access
Programming produced by or for the Nauset Regional Schools, from the Nauset Regional High School,
or other location, over the Educational Access Channel provided to the Town by the cable licensee;
WHEREAS, the Town issued a Request for Proposal ("RFP") in 2010 for "Public and
Educational Access Programming, Services, Facilities and Equipment", and LCCAT, a non-profit
Access corporation, timely responded to said RFP and was selected as the successful Proposer;
WHEREAS, LCCAT has by means of its Proposal to the RFP stated its interest in providing: (i)
Public Access programming, services, facilities and equipment to the Town, its residents, and Orleans
organizations and institutions; and (ii) the provision of Access equipment, and training in support of said
equipment, as reasonably determined by LCCAT, for the cablecasting of Educational Access
Programming from the Nauset Regional High School, or other location, over the Public Access Channel
or Educational Access Channel when that becomes available;
WHEREAS, the parties recognize and agree that LCCAT will be providing similar Public and
Educational Access services, facilities, equipment and/or support to and for the other LCCAT Towns
which enter into an Access Agreement with LCCAT, and that the residents and organizations and
institutions of those LCCAT Towns will also be provided such Access services, facilities, equipment
and/or support by and through LCCAT. (As such, unless otherwise specified, a reference to "Access
Users" in this Agreement shall, as defined in Section 1 below, mean an access user from any one of the
following Towns, in addition to the Town of Brewster, that has entered into an agreement with LCCAT:
Orleans, Eastham, Truro, and Wellfleet); and
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
3
WHEREAS, the Town, pursuant to and consistent with its authority as a municipal corporation
and a cable franchising/licensing authority under applicable federal and state law, and the provisions of
Article 6 of the License, desires to enter into this Agreement for the provision by LCCAT of Public and
Educational Access programming, services, facilities and equipment to Brewster Access Users, pursuant
to the terms of this Agreement and applicable law, and subject to LCCAT entering into similar access
agreements with the Towns of Orleans, Eastham, Truro and Wellfleet.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein,
the parties agree as follows:
SECTION 1. DEFINITIONS
"Cable Licensee" or "Licensee" - shall mean Comcast of Massachusetts I, Inc., or any successor
or transferee in accordance with the terms and conditions in the currently-effective Renewal License.
"LCCAT Towns" - shall mean the Town of Brewster and any of the following Towns which
enter into Access Agreements substantially similar to the subject Agreement with LCCAT; Orleans,
Eastham, Truro, and Wellfleet.
"LCCAT Access Users" or "Access Users" - shall mean the residents of, or individuals
associated with organizations or institutions in, the LCCAT Towns, who have complied with and have
successfully completed the reasonable membership and training requirements of LCCAT.
“Renewal License” – The Cable Television Renewal License between Comcast Cable
Communications Management LLC and the Town of Brewster, Massachusetts, dated September 17,
2021.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
4
"Town" - The Town of Brewster, Massachusetts. Unless otherwise required by this Agreement
or applicable law or regulations, any actions on behalf of the Town under or pursuant to this Agreement
may be taken by the Brewster Select Board.
"Brewster Access Users" - shall mean the residents of, or individuals associated with
organizations or institutions in, the Town of Brewster, who have complied with and have successfully
completed the reasonable membership and training requirements of LCCAT, and shall also include the
Town of Brewster, its officials and employees, also subject to any training requirements of LCCAT.
SECTION 2. PURPOSE OF AGREEMENT
The purpose of this Agreement is for the provision and/or support of Public and Educational
Access programming, services, facilities, equipment and training pursuant to the terms of this
Agreement and applicable law.
SECTION 3. AGREEMENT EFFECTIVE ONLY UPON LCCAT AND THE TOWNS OF
BREWSTER, EASTHAM, ORLEANS, TRURO AND WELLFLEET ENTERING
SUBSTANTIALLY SIMILAR ACCESS AGREEMENTS
This Agreement shall not be legally effective upon either party until LCCAT enters into
substantially similar access agreements with the Towns of Orleans, Eastham, Truro and Wellfleet.
SECTION 4. TERM
(a)The Agreement shall be for a term, commencing on September 18, 2021 (subject to the
requirement of Section 3 above) and running through and until September 17, 2024, unless earlier
terminated as provided herein. This Agreement may be extended by a written instrument signed by the
authorized representative(s) of both parties.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
5
(b)LCCAT shall, by January 1, 2024, give the Select Board written notice of its request to
renew this Agreement for an additional term. In response to a written notice of request to renew from
LCCAT, the Select Board shall, within sixty days (60) days of receipt of said notice, provide a written
response to LCCAT as to whether it is willing to renew this Agreement. If, as evidenced by the written
notices of LCCAT and a written response of the Select Board, both parties are interested in renewing this
Agreement, the parties shall negotiate in good faith to see if an agreement (including any new terms) can be
reached to so renew said Agreement on terms agreeable to both parties.
SECTION 5. SCOPE OF SERVICES — PUBLIC ACCESS PROGRAMMING, SERVICES,
FACILITIES AND EQUIPMENT
LCCAT shall provide Public Access programming services, facilities, equipment and training to
the Town of Brewster and Brewster Access Users, consistent with the funds provided to LCCAT
pursuant to this Agreement and the reasonable availability of access personnel, contractors and
volunteers, and in accordance with applicable law and the operation of a Section 501(c)(3) tax exempt
organization. LCCAT shall be responsible for the provision of programming on the Public Access
channel, including, but not limited to programming produced by its members/producers and
programming produced or otherwise recorded or sponsored by or for LCCAT. The services, facilities
and equipment provided by LCCAT shall be provided to Brewster Access Users on a non-discriminatory
basis. All Access programming shall require a LCCAT sponsor, either an LCCAT member or LCCAT
itself. The Public Access programming, services, facilities and equipment shall, consistent with the
funds available to LCCAT, include the following responsibilities:
(a)Schedule, operate and maintain the Public Access Channel. (hereinafter also referred to
as the "Access Channels" provided in accordance with the respective cable licenses.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
6
(b)Ensure that all programming on the Public Access Channel shall comply with applicable
laws and regulations.
(c)Responsibly manage the annual funding provided to and raised by LCCAT, including the
funding provided pursuant to this Access Agreement;
(d)Operate and maintain a Public Access studio, and purchase and/or lease equipment with
the funds provided to and raised by LCCAT, including the funding provided pursuant to Section 7
below;
(e)Conduct outreach and recruitment efforts and activities to increase membership and
Access Users;
(f)Conduct training programs in the skills necessary to produce quality Public Access
programming. Training programs shall be both regularly scheduled and by appointment, as reasonably
determined by LCCAT.
(g)Provide technical assistance to Access Users, using LCCAT staff and volunteers;
(h)Provide access to production and post-production equipment for Access Users;
(i)Establish rules, procedures and guidelines (including written Access User agreements,
which shall be required for all Access Users) for use of the Public Access Channel, facilities and
equipment;
(j)Effectuate and support the production and promotion of educational, cultural and
informational programming; and encourage and develop local origination programming.
(k)Be responsible for the maintenance and repair of all LCCAT facilities and equipment,
regardless of where located.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
7
(l)Upon timely request of the Select Board or the Town Administrator, provide, at no cost
to the Town, on a "DVD" format (or other appropriate media format) a recorded copy of any Public
Access program cablecast by LCCAT, to the extent available;
(m)Accomplish such other tasks relating to the operation, scheduling, management, training
and/or programming of the Public Access Channel and/or the Public Access facilities and equipment as
necessary and appropriate.
(n)Provide that, with respect to dues for members of the LCCAT, there is a provision for the
waiver of dues for reasons of reasonably documented or evidenced hardship.
SECTION 6. PROVIDING OPEN AND EQUAL ACCESS TO ACCESS USERS
LCCAT shall develop and enforce policies and procedures which promote the use of the Public
Access facilities and make programming accessible to Brewster residents and individuals associated
with Brewster organizations and institutions, consistent with such time, manner, and place regulations,
including safe harbor provisions, as are appropriate to provide for and promote the use of the Public
Access channel, equipment and facilities.
SECTION 7. NON-COMMERCIAL PROGRAMMING
(a)All Public Access programming cablecast by LCCAT shall be non-commercial.
(b)Nothing in the Agreement shall prohibit LCCAT from including an appropriate
underwriting acknowledgment before or after a Public (but not Educational) Access program, to the
extent otherwise not prohibited by applicable law and or the terms of a cable license.
(c)LCCAT may charge a reasonable fee for the following services:
(i)services customarily provided to access users by a PEG access corporation for a
fee;
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
8
(ii)services customarily provided to third parties for a fee, including tape dubbing
(i.e. the provision of videotapes/DVDs or other electronics copies of particular
access programs), to the extent not otherwise prohibited by applicable law, and
except where LCCAT has agreed to provide such services to the Town or its
designees without a fee as set forth in this Agreement, including in Section 5,
above;
(iii)Sponsorship fees; and
(iv)Membership fee(s).
SECTION 8. SCOPE OF SERVICES — EDUCATIONAL ACCESS
LCCAT shall provide Access equipment, and provide or otherwise provide for, limited training
in support of said Access equipment, as reasonably determined by LCCAT, and subject to funds being
available for this purpose after LCCAT has met its Public Access obligations under this Agreement, to
the Nauset Regional Schools, for use at the Educational Access Studio/Facility at the Nauset Regional
High School, or another facility. LCCAT shall also cablecast the Educational Access Channel, produced
by the Nauset Regional Schools, on the Educational Access Channel, provided by the Licensee to the
Town in the Cable License.
LCCAT shall provide the Nauset Regional Schools with limited technical assistance with regard
to its Educational Access operations and programs, as reasonably determined by LCCAT, and subject to
funds being available for this purpose after LCCAT has met it Public Access obligations under this
Agreement. LCCAT shall not be required provide the Nauset Regional Schools with staffing or funding.
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
9
SECTION 9. COPYRIGHT CLEARANCE
LCCAT shall require Access Users to obtain all necessary talent and location releases; all rights
to all material cablecast; clearances from broadcast stations, networks, sponsors, music licensing
organizations' representatives; and without limitation of the foregoing, rights, releases, licenses,
clearances or permissions from all other person(s) as may be necessary to transmit its or their program
material over the Access Channel in a lawful manner. Access Users shall be required to represent that all
such required clearances and rights have been obtained by completing an Access User production
agreement form to be filed with LCCAT. Access Users shall further identify themselves as responsible
for all opinions, statements and other representations made during their program. LCCAT will reference
all communications from viewers directly to the named producer of that program.
SECTION 10. FUNDING AND EQUIPMENT OF THE ACCESS CORPORATION
(a)For the term of this Agreement, and following the execution of its September 17, 2021
Renewal License, the Town shall provide LCCAT with the following funding:
(i)The Town will pay LCCAT operating support funding consisting of forty-five
percent (45%) of all quarterly access support payments the Town receives under
section 6.4 (a) of the Renewal License. Under section 6.4 (a) of the Renewal
License, the Town will receive quarterly payments consisting of five percent (5%)
of Licensee’s Gross Annual Revenues “GAR”), every May 15, August 15,
November 15 and February 15, throughout the term of the Renewal License.
(ii)The Town will pay LCCAT capital support funding consisting of fifty percent
(50%) of all annual capital support payments the Town receives under section 6.4
(b) of the Renewal License. Under section 6.4 (b), of the Renewal License, the
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
10
Town will receive annual capital support payments totaling twenty-seven thousand
seven hundred twenty dollars ($27,720) each year of the Renewal License,
beginning forty-five days after execution, and each year thereafter on the
anniversary of that date, throughout the term of the renewal license.
In the event that Comcast fails to make any anticipated payment to the Town in the amount
called for under the terms of the Renewal License between the Town and Comcast, such that the Town
is unable to make the corresponding payment(s) to LCCAT provided for in this Agreement, including
without limitation as provided in this Section 10, then the Town shall be under no obligation to forward
or otherwise pay any such related amount called for hereunder to LCCAT, until such time as the
defaulted payment is tendered by Comcast.
(b)The Town shall make a good faith effort to provide LCCAT with Public Access operating
funding provided by any future additional cable licensee in an equitable manner, consistent with and
subject to the terms of the new cable license, with the percentage Access operating funding provided
herein to LCCAT, or such other percentage as may in good faith be agreed upon between the parties. If
necessary, the parties agree to make a good faith attempt to amend this Agreement within a reasonable
time after the Town grants any new cable license, in order to effectuate and document the intent of this
provision.
(c)The Town and LCCAT shall negotiate, in good faith, an equitable amount of Access
Capital funding that shall be provided to LCCAT from the PEG Access capital funding provided by any
future additional cable licensee. If necessary, the parties agree to make a good faith attempt to amend
this Agreement within a reasonable time after the Town grants any new cable license, in order to
effectuate and document the intent of this provision.
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(d)LCCAT shall be responsible for the maintenance and repair of all LCCAT
facilities and equipment.
(e)If requested by the Town, LCCAT shall, within a reasonable time, not to exceed thirty
(30) days provide an inventory (including models and serial numbers) of all equipment acquired and/or
owned by LCCAT.
(f) To secure the obligations of LCCAT pursuant to this Agreement, including, but not
limited to the obligations pursuant to Section 10(i) below, LCCAT hereby grants the Town a security
interest in all equipment or property, real or personal, purchased with funding pursuant to this
Agreement. LCCAT agrees to take all steps reasonably requested in writing by the Town to perfect and
enforce the Town's security interest, including the execution and processing of financing statements and
continuation statements under the Uniform Commercial Code. The Town agrees to subordinate its
interest to finance the purchase of equipment or property if deemed reasonably necessary by the Town.
The subordination shall only be with respect to the specific equipment or property that LCCAT finances.
A determination by the Town not to invoke its rights to security interests shall not affect the obligation
of LCCAT to return the subject equipment and funds to the Town (or its designee) pursuant to Section
10(i) below. To further secure its obligations as described above, LCCAT shall take such reasonable
actions as requested by the Select Board or its designee with respect to any funds provided to LCCAT
by the Town and which have not as of that time been expended by LCCAT, including, but not limited to,
listing the Town as a beneficiary of any such account holding such funding.
(g)(i) Upon the dissolution of LCCAT, the termination of this Agreement, or the expiration
of this Agreement without a renewal agreement, or the expiration of the cable renewal license(s) by the
Town with a cable operator(s) without provision for the continued funding of Access thereafter, or any
other event that would, in the opinion of the Select Board, put the funding, equipment or property, real
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or personal, provided to LCCAT pursuant to this Agreement or purchased by or for LCCAT from funds
provided pursuant to this Agreement at risk, LCCAT shall, if requested at any time in writing by the
Town, return to the Town, or at the Town’s direction, to one or more charitable or educational
institutions or organizations selected by the Select Board and created and organized for nonprofit
purposes similar to those of LCCAT, and which qualify or qualifies as tax exempt pursuant to
§501(c)(3) of the Internal Revenue Code or the corresponding section of any future federal tax code, all
funding, equipment or property, real or personal, provided to LCCAT pursuant to this Agreement or
purchased by or for LCCAT from funds provided pursuant to this Agreement, as well as all unexpended
funds previously provided to LCCAT pursuant to this Agreement. At the option of the Town said
equipment and/or funds shall, upon the occurrence of one of the above referenced contingencies, be
provided by LCCAT to such organization(s) designated by the Town to manage public and educational
access, which shall at that time qualify as a tax-exempt organization(s) under Section 501(c)(3) of the
Internal Revenue Code or the corresponding section of any future federal tax code.
SECTION 11.USE AND FUNDING OF VIDEO RETURN SYSTEM
(A)The Town hereby grants to LCCAT all rights and privileges the Town has and/or may
grant to its designee, including to an access corporation, for the use of any portion of the Video Return
system including, but not limited to, Sections 6.3, 6.4 and 6.5 of said Renewal License.
SECTION 12. ACCESS STUDIO
(a) LCCAT shall oversee the moving and construction, or re-construction and the equipping operation
of a new Access facility/ studio (hereinafter referred to as the "Access studio"), at a time and location to be
determined, and consistent with and limited by the funds provided and available to LCCAT pursuant to this
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Access Agreement and other available funding. The relocated or re-constructed Access studio shall comply with
all applicable laws and regulations.
(b) LCCAT shall continue to maintain reasonable and regular studio hours, with the specific
hours based upon the reasonable needs of Access Users, which shall include some evening and, if not
otherwise being provided by LCCAT, warranted by the needs of Access Users, and requested in writing
by the Town some Saturday hours. LCCAT shall inform the public, through cablecast on the Public
Access Channel, of the days and hours when the studio will be open and available pursuant to the
regular schedule and, in addition, if the studio is available to members, by arrangement upon reasonable
request, LCCAT shall inform the Town, in writing, of any non-temporary change in the regular hours of
the Access Studio.
(c) The Access studio shall be for the exclusive use of staff for production and
training in the execution of the mission of LCCAT and for Access Users. The Access studio shall not be
used for any other purpose or for the benefit of any persons other than: (i) Access Users; (ii) an LCCAT
Town; or (iii) persons whose specific use of the studio benefits Public Access and LCCAT, and is
reasonably limited in its nature and/or duration.
Included within Licensee’s capital grant in sec. 6.4 (b) is a ten thousand seven hundred eighty dollar
($10,780) grant comprising the Town’s contribution to the costs of any future LCCAT studio relocation
or reconstruction. This additional grant was added to the Town’s total capital grant, spread out over the
ten-year Renewal License term, and is included within each annual capital grant tendered under section
6.4 (b).
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SECTION 13. DESIGNATION OF HIGH DEFINITIO CHANNEL FOR GOVERNMENT USE
Under section 6.3 (d) of the Renewal License, the Town may request that Licensee purchase,
install and operate high-definition interface equipment for one (1) High Definition (“HD”) Access
channel. At such time as the HD channel is activated, LCCAT will designate it for use by the Town’s
Governmental Access channel, or such other access channel as the Select Board may in its discretion
designate.
SECTION 14. GOVERNANCE OF ACCESS CORPORATION
The governance of LCCAT shall comply with the following requirements:
(a)The Board of Directors shall have a minimum of eight (8) directors.
(b)No less than one (1) Director shall be selected by the Board of Selectmen of the Town,
unless the Board of Selectmen specifically and in writing decides not to appoint such member.
(c)No less than two (2) members shall be elected by the membership of LCCAT.
(d)A Director need not be a member of LCCAT prior to their appointment to the Board of
Directors, but shall become a member of the LCCAT immediately after their appointment as a Director.
(e)Directors selected by the Board of Directors may not serve more than five (5) consecutive
terms, however nothing shall prohibit any such person from serving additional non-consecutive terms
through appointment by the Board of Directors, and further nothing shall prohibit any such person from
serving additional terms, whether consecutive or non-consecutive, as a result of election by the
membership.
(f)Vacancies in the membership of the Board of Directors shall be filled in the
same manner as the selection of the respective member(s) vacating the Board.
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(g)No member of LCCAT's Board of Directors may be removed from office
with less than an affirmative vote of three-fourths (3/4) of the full Board of Directors (all fractions
rounded up to the next largest number), after reasonable notice and an opportunity to be heard. The
reason(s) for removal shall be provided, in writing, to the removed Director.
(h)The Board of Directors shall hold a minimum of four (4) regular directors meetings each
year.
(i)Meetings of the membership of LCCAT and its Board of Directors shall be open to the
public except in those instances where the respective membership or Board, in good faith, deems closure
of all or some of the meeting to be in the best interest of the Corporation. LCCAT is not a governmental
or public body and is not subject to "Open Meeting Law").
(j)Notice of the regular meetings of the membership and the meetings of the Board of
Directors shall be timely cablecast on the Public Access channel or its equivalent.
(k)No member of the Board of Directors or officer of LCCAT may participate or vote on
any particular matter in which said Director, or their immediate family member, partner, a business
organization in which they are serving as an officer, director, trustee, partner or employee, or any person
or organization with whom they are negotiating or has an arrangement concerning prospective
employment, has a financial interest. (LCCAT is not a governmental body and is not subject to the
"State Ethics Law").
(l)Directors and officers shall receive no compensation for their services provided as
Directors, however, that a Director may be reimbursed for reasonable and necessary expenses incurred
as a Director by a vote of two-thirds (2/3rds) or more of the Board of Directors .
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(m)Neither the Board of Directors, nor any officer, shall take any action that would result in
the denial or loss of tax-exempt status under the Section 501(c)(3) or any other applicable section of the
United States tax code.
(n)The Board of Directors shall hire an executive director, reporting to the Board of
Directors of LCCAT, who shall be responsible for the conduct of the day to day operations of LCCAT
in a professional manner, consistent with the standard of care of the operation of well operated, non-
profit, access corporations in similarly sized Massachusetts communities.
(o)All residents (whether full-time or seasonal) of the Town and all organizations and
institutions which are located in the Town shall be eligible for membership in the Corporation upon
completion of a written application on a form approved by the Board of Directors of LCCAT and upon
reasonable compliance with reasonable conditions, consistent with the intent of the Agreement.
(p)No member of LCCAT may be removed from membership of LCCAT without a vote of
ninety percent (90%) of the Board of Directors.
SECTION 15. QUARTERLY WRITTEN REPORT (FIRST YEAR ONLY)
For one (1) year following the execution of this Agreement, LCCAT shall provide a reasonably
detailed quarterly report to the Board of Selectmen and/or its designee, regarding accomplishments since
the last report, status, plans and progress with respect to the provision and/or support of Public and
Educational Access pursuant to this Agreement.
SECTION 16. ANNUAL REPORT
At least once each calendar year, LCCAT shall submit to the Town a written annual report
(together with an electronic copy) which shall contain, at a minimum, the following information:
(a)A summary of programming and services provided;
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(b)List of future goals;
(c)Current and complete listing of LCCAT's Board of Directors;
(d)A complete current inventory of all equipment; and
(e)A year-end fiscal audit or review, as required by Section 18(a)(iii), below.
SECTION 17. UPDATE MEETING BETWEEN TOWN AND LCCAT
(a)Once per year, when requested by the Board of Selectmen, LCCAT shall meet with the
Board of Selectmen and/or its designee. The purpose of said meeting shall include reviewing LCCAT's
compliance with the terms and conditions of this Agreement, and hearing comments and/or suggestions
from the Town and the public. Members of the public may submit comments during such review
hearing, either orally or in writing, at the direction of the Board of Selectmen or its designee.
(b)The Board of Selectmen and/or its designee shall have the right to question LCCAT
regarding any aspect of its performance under this Agreement. LCCAT shall fully cooperate with the
Board of Selectmen or its designee, and shall produce, at LCCAT's cost, such documents or other
materials relevant to such review and evaluation as are reasonably requested by the Town.
(c)LCCAT shall provide notice of all such performance evaluation hearings by periodic
messages on the Public Access channel.
(d)Nothing in this Section shall prohibit the Town from requesting that LCCAT attend other
meetings or hearings, or compelling the attendance by LCCAT through any lawful means.
SECTION 18. PERFORMANCE REVIEW BY THIRD PARTY
No more than twice during the term of this Agreement, LCCAT shall, if requested by an LCCAT
Town (including, but not limited to the Town of Orleans, through its Board of Selectmen), be required to
engage or retain a person or entity that is knowledgeable and experienced in PEG Access operations in
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the Commonwealth of Massachusetts to conduct a performance review of LCCAT's operations, the cost
to be borne by LCCAT. Upon completion, LCCAT shall submit a copy of a written performance review
to the Board of Selectmen.
SECTION 19. RECORDS AND AUDIT.
(a)LCCAT shall maintain all necessary books and records, in accordance
with generally accepted accounting principles. Additionally, LCCAT shall:
(i)implement effective internal financial and operating controls for the efficient use of
all funds and other resources provided pursuant to this Agreement;
(ii)maintain all necessary books and records, in accordance with generally accepted
accounting principles;
(iii)have a year-end fiscal audit or review, prepared by an independent certified public
accountant. (A fiscal audit (rather than a review) shall be performed if: (a) required
by applicable law or regulation, or (b) if requested in writing by the Board of
Selectmen no later than the end of the fiscal year. The fiscal review may, to the extent
allowed under applicable law, be performed by a person who is not a certified public
accountant if authorized in writing by the Select Board; which authorization the
Board may deny in its sole discretion. Nothing herein shall limit the contractual
authority of the Town pursuant to Sections 18(b) and 18(c) below.
(iv)make timely payment as due to persons and entities supplying labor, materials or
services to LCCAT for any purpose under this Agreement; and
(v)maintain generally accepted business and accounting practices with respect to its
operations and investments, financial oversight and management;
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(b)Upon request of the Select Board or its designee, LCCAT shall, at a reasonable time(s)
during normal business hours, make available any or all of its records with respect to all matters covered
by this Agreement.
(c)The Town shall, at its cost, have the right to have the financial books and
records of LCCAT reviewed by a qualified individual or firm. Nothing herein shall be deemed to
diminish the responsibility of LCCAT, if any, under applicable law or regulation, with respect to any
financial record keeping or financial statement and/or audit requirements. Copies of any such financial
records, statements or audits shall be provided to the Town upon request of the Select Board or its
designee.
(d)All capital equipment (including furniture) obtained by LCCAT will be inventoried and
appropriately marked in a manner customarily used at well operated access centers, and an inventory,
including invoice numbers, maintained and updated.
SECTION 20. INDEPENDENT CONTRACTOR
It is understood and agreed that LCCAT is an independent contractor and that no relationship of
principal/agent or employer/employee exists between the Town and LCCAT. If in the performance of
this Agreement any third persons are employed by LCCAT, such persons shall be entirely and
exclusively under the control, direction and supervision of LCCAT. All terms of employment, including
hours, wages, working conditions, discipline, hiring and discharging or any other term of employment
shall be determined by LCCAT and the Town shall have no right or authority over such persons or terms
of employment.
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SECTION 21. ASSIGNMENT AND TRANSFER
Neither this Agreement nor any interest or responsibility herein shall be assigned or transferred
by LCCAT, except as expressly authorized in writing by the Town through its Select Board.
SECTION 22. FUNDING FROM OTHER SOURCES
Nothing in this Agreement shall prohibit LCCAT from obtaining funding from other sources in a
lawful manner, including, but not limited to, fundraising activities and sponsorships.
SECTION 23. INDEMNIFICATION OF TOWN BY LCCAT
LCCAT shall indemnify, defend, and hold harmless the Town, its officials, employees,
volunteers and agents from and against any and all suits, actions, causes of action, losses, damages, or
liabilities of any kind, nature or description, including, payment of all attorneys' fees and litigation costs
and expenses, brought by any person or persons for or on account of any claim, loss, damage or injury to
person, property or any other interest, tangible or intangible, or death sustained by or accruing to any
person or persons, however the same may be caused, directly or indirectly or arising or resulting from
any alleged act(s) or omission(s) of LCCAT, its officers, employees, volunteers, agents or
subcontractors from or with respect to the performance of or pursuant to this Agreement or arising from
or in connection with the failure to comply with any applicable laws, rules, regulations or other
requirements or orders of local, state or federal authorities, for claims of libel, slander, invasion of
privacy, or infringement of common law or statutory copyright, or for breach of contract or other injury
or damage in law or at equity which claims, directly or indirectly, result from LCCAT's use of channels,
funds, equipment, facilities or staff granted under or obtained pursuant to the funding from this
Agreement. This indemnification requirement shall survive the termination or expiration of this
Agreement.
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SECTION 24. INSURANCE
LCCAT shall, unless otherwise directed in writing by the Town, obtain and
maintain in full force and effect at all times during the term of this Agreement, all insurance required
below by this Section.
(a)Commercial General Liability Insurance - Commercial general liability insurance policy,
including protective liability, completed operations and broad form contractual liability, property
damage and personal injury coverage, with a minimum coverage limit of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. The Town reserves the
right to require an increase in these minimum coverage amounts to a total of Two Million Dollars
($2,000,000) per occurrence and Three Million Dollars ($3,000,000) aggregate if circumstances and/or
risks warrant. Similarly, the Town reserves the right to decrease these minimum coverage amounts, if in
its sole discretion, if such decrease is in the interest of the Town, under the totality of circumstances.
(b)Motor Vehicle Liability Insurance - Automobile liability insurance for owned, leased or
rented motor vehicles in the amount of Five Hundred Thousand Dollars ($500,000) combined single
limit or Two Hundred Fifty Thousand Dollars ($250,000) per person/ Five Hundred Thousand Dollars
($500,000). The Town reserves the right to decrease these minimum coverage amounts, if in its sole
discretion, if such decrease is in the interest of the Town, under the totality of circumstances.
(c)Business Personal Property Insurance - Business personal property insurance for
facilities and equipment in the amount of replacement cost.
(d)Workers' Compensation - Workers Compensation in the minimum amount of the
statutory limit if and when LCCAT has an employee.
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(e)Cablecaster's Errors and Omission Insurance - The Access Corporation shall obtain
errors and omission insurance to cover the content of productions which are cablecast on an Access
Channel to include, at minimum, the following areas: libel and slander; copyright or trademark
infringement; infliction of emotional distress, invasion of privacy; plagiarism; misuse of musical or
literary materials. This policy shall not be required to cover individual Access producers. The minimum
amount of said insurance shall be One Million Dollars ($1,000,000), unless otherwise agreed to in
writing by the Town.
(f)The following conditions shall apply to all of the insurance policies referenced above:
(i)The Town shall be named as an additional insured on all aforementioned insurance
coverages to the extent allowed by law, other than the workers' compensation policy.
The policies shall provide that no cancellation, material change in coverage or
expiration may be affected by the insurance company or LCCAT without first giving
the Town thirty (30) days written notice prior to the effective date of such
cancellation or change in coverage;
(ii)All liability insurance shall be written on an "occurrence basis".
(iii)Such insurance shall be primary with respect to any insurance or self-insurance
maintained by the Town and shall not call on the Town’s insurance for contributions;
(iv)Such insurance shall be obtained from producers authorized to transact insurance
business in the Commonwealth of Massachusetts and, unless otherwise agreed to in
writing by the Town, shall be provided by an insurance carrier(s) licensed to do
business for the coverage provided in the Commonwealth of Massachusetts by the
Massachusetts Division of Insurance;
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(v)The coverage amounts set forth above may be met by a combination of underlying
and umbrella policies so long as in combination the limits equal or exceed those
required herein and follow the same form;
(vi)The cost of such insurance, including all premiums and deductibles, shall be borne by
LCCAT;
(vii)The parties shall periodically review the insurance coverage and coverage
amounts required above to determine whether said insurance adequately protects the
parties and is cost effective given available funding pursuant to this Agreement;
(viii)The failure of LCCAT to maintain the insurance required herein shall be grounds
for the Town to suspend this Agreement upon five (5) business days written notice
from the Town to LCCAT, except however, to the extent said insurance is terminated
through no fault of LCCAT, it shall have thirty (30) days to obtain replacement
insurance that complies with this Agreement. Nothing in this Section 23(f)(viii) shall
affect the Town's rights pursuant to Section 25 of this Agreement.
(g)Directors' and Officers' Liability Insurance - LCCAT shall obtain directors' and officers'
liability insurance for its directors and officers.
SECTION 25. COMPLIANCE WITH LAWS AND REGULATIONS
LCCAT shall be governed by, operated in accordance with, and comply with all applicable laws
and regulations.
SECTION 26. TERMINATION OF AGREEMENT - TRANSFER OF ASSETS
(a)The Town, through its Select Board, shall have the right upon thirty (30) days written
notice to LCCAT to terminate this Agreement for:
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(i)Malfeasance, misfeasance, misappropriation or waste of funds
provided pursuant to this Agreement;
(ii)Loss of (or failure to obtain in a reasonable time) 501(c)(3) status by LCCAT;
(iii)LCCAT filing a petition of bankruptcy, or for receivership or reorganization, or
has filed any other petition under the bankruptcy law, or has taken or committed
an act preparatory to the filing of any such petition, or has become insolvent or
has committed any other act of bankruptcy or insolvency, or has a substantial
portion of its assets assessed or otherwise encumbered for the benefit of creditors;
(iv)The loss of a substantial portion of PEG Access funding as a result of a change in
the financial terms of a cable license, a change in the status of a cable service
provider or a change in law; or
(v)For any material breach of a material provision of this Agreement by LCCAT, as
further described in this Section 25 below.
(b)LCCAT may avoid termination by curing any such breach within thirty (30) days of
written notification or such longer time as the Select Board determines. Upon a third (3rd) material
breach by LCCAT over the course of a twenty-four (24) month period, the Town may terminate the
Agreement upon written notice provided without any cure period as long as said notice is provided
within ninety (90) days after the material breach (each day a material breach continues shall be deemed
to be an actionable day for purposes of this requirement to terminate within said 90-day period).
(c)LCCAT shall have the right upon sixty (60) days written notice to the Town to terminate
this Agreement for material breach of any material provision of this Agreement by the Town. The Town
may avoid termination by curing any such breach within said sixty (60) day period.
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(d)All written notices of termination shall include a reasonably detailed description of the
alleged breach.
(e)See Section 23(f)(viii) for suspension or termination as a result of LCCAT's failure to
maintain the required insurance.
(f)See Section 10(h) and (i) above regarding security interests, return of funds, return of
equipment, real property, fixtures, contracts, leases, deposit accounts or other assets received by or
purchased by LCCAT with funds received pursuant to this Agreement.
SECTION 27. MISCELLANEOUS PROVISIONS
Section 27.1 Entire Agreement/Amendment
This instrument contains the entire agreement between the parties, which supersedes all prior
agreement or proposals except as specifically incorporated herein, and cannot be changed orally, but
only by a written instrument executed by both parties (with the Select Board signing on behalf of the
Town).
Section 27.2 Cooperation
Each party agrees to cooperate with the other party to carry out the provisions of this Agreement.
Failure to cooperate to carry out the terms of the Agreement will be considered to be a material breach.
Section 27.3 Captions
The captions to sections throughout this Agreement are intended solely to facilitate reading and
reference to the sections and provisions of the Agreement. Such captions shall not affect the meaning or
interpretation of the Agreement.
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Section 27.4 Liability of Town Officials and Employees
To the fullest extent permitted by law, no official, employee, agent or representative of the Town
shall be individually or personally liable on or for any obligation of the Town under this Agreement.
Section 27.5 Warranties
LCCAT warrants, represents and acknowledges that as of the date of execution of this
Agreement:
(a)LCCAT is duly organized, is validly existing, is in good standing as a non-profit
corporation under the laws of the Commonwealth of Massachusetts and is actively seeking approval
from the Internal Revenue Service as a 501(c)(3) charitable corporation.
(b)LCCAT has the requisite power and authority under applicable law and its articles of
incorporation and by-laws, is authorized by resolutions of its Board of Directors or, and has secured all
consents which are required to be obtained as of the date of execution of this Access Agreement to enter
into and legally bind LCCAT to this Agreement and to take all actions necessary to perform all of its
obligations pursuant to this Agreement;
(c)This Access Agreement is enforceable against LCCAT in accordance with the provisions
herein; and
(d)There is no action or proceedings pending or threatened against LCCAT which would
interfere with its performance of this Access Agreement.
Section 27.6 Force Majeure
If by reason of Force Majeure either party is unable in whole or in part to carry out its
obligations hereunder, said party shall not be deemed in violation or default during the continuance of
such inability, provided the party takes immediate and diligent steps to comply as soon as possible under
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the circumstance with this Agreement without endangering the health or safety of persons or property.
The term "Force Majeure" as used herein shall include, but not be limited to, the following: acts of God;
acts of public enemies; orders of any kind of the government of the United States of America or of the
State or any of their departments, agencies, political subdivision, or officials, or any civil or military
authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, volcanic
activity, storms, floods, washouts, civil disturbances, explosions, strikes, and unavailability of essential
equipment, service or materials, the unavailability of affordable insurance coverage, or other matters
beyond the reasonable control of the party. In the event that any such delay in performance or failure to
perform affects only part of the party's capacity to perform, the party shall perform to the maximum
extent it is able to do so in as expeditious a manner as possible. The party subject to Force Majeure shall
upon learning of the Force Majeure occurrence covered by this Section which affects its performance
under this Agreement, promptly notify the other party in writing of the claimed occurrence.
Section 27.7 Non-Waiver
Failure of either party to insist on strict performance of any portion of this Agreement or to
exercise its rights or remedies hereunder upon the failure of performance or default of the other party,
shall not be considered a waiver of the right to insist upon or to enforce any provision of this Agreement
or to exercise any right or remedy occurring as a result of any future failure of performance or default.
Section 27.8 Severability
(a) If any non-material section, sentence, paragraph, term or provision of this Agreement is
determined to be illegal, invalid, unenforceable or unconstitutional or is otherwise void, by any court of
competent jurisdiction or other entity with similar legal authority such determination shall have no effect
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on the validity of any other section, sentence, paragraph, term or provision hereof, all of which shall
remain in full force and effect for the term of the Agreement.
(b) In the event that a material section, sentence, paragraph, term or provision of this Agreement
is determined to be illegal, invalid, unenforceable or unconstitutional or is otherwise void, by any court
of competent jurisdiction or other entity with similar legal authority, the parties agree to immediately
enter into negotiations in good faith and make equitable amendments to restore the relative burdens and
benefits of this Access Agreement. The remedies provided for herein do not prevent a party from
contending that a particular provision is enforceable, or foreclose any remedies if a provision is
enforceable.
Section 27.9 Applicable Law
This Agreement shall be interpreted and enforced under the laws of the Commonwealth of
Massachusetts.
Section 27.10 Jurisdiction and Venue
Jurisdiction and venue of any legal action arising from this Access Agreement shall be in the
Barnstable County Superior Court in Barnstable, Massachusetts. If no subject matter jurisdiction exists
in the Superior Court, the legal action shall be brought in the District Court in Orleans. The parties by
this Access Agreement subject themselves to the personal jurisdiction of said courts for all purposes,
including the entry of judgment and for the resolution of any dispute, action or suit.
Section 27.11 Notice
Official notice shall be in writing, and delivered or sent by certified mail - return receipt
requested or express mail - signature required. Delivery shall be equivalent to direct personal notice,
AGREEMENT BY AND BETWEEN
THE TOWN OF BREWSTER AND
LOWER CAPE COMMUNITY ACCESS TELEVISION, INC.
29
direction or order, and shall be deemed to have been given at the time of delivery. Certified mail shall
be deemed to have been given two (2) days after mailing and express mail shall be deemed to have been
given the day after mailing. Notice shall be addressed as provided below or such other name, title
and/or address as hereinafter provided in writing by the respective party:
TOWN OF ORLEANS
Chair
Brewster Select Board
Brewster Town Hall
2198 Main Street
Brewster, Massachusetts 02631
LOWER CAPE COMMUNITY
ACCESS TELEVISION, INC.
George P. Walsh, President
Lower Cape Community Access Television, Inc.
P.O. Box 2061
Wellfleet, Massachusetts 02667
with a copy to: the Town Administrator
at the same address
with a copy to Bruce A. Bierhans, Esq.
Law Offices of Bruce A. Bierhans, LLC
868 Washington Street
Easton, Massachusetts 02375
IN WITNESS WHEREOF, the parties have executed this Agreement as a sealed instrument
this_____ day of __________ 2021.
TOWN OF BREWSTER LOWER CAPE COMMUNITY
ACCESS TELEVISION, INC.
___________________________ _____________________________
___________________________
___________________________
___________________________
___________________________
Drummer Boy Park
Brewster, MA
Phase I
ORDER OF MAGNITUDE OPINION OF PROBABLE PROJECT COST
6/10/2021
Based on Phase I Improvements Plan dated June 2021
ITEM QUANTITY UNIT UNIT COST TOTAL
Site Preparation
Contractor Mobilization/Demobilization 1 ls $25,000.00 25,000$
Erosion and Sedimentation Control 1 ls $5,000.00 5,000$
Temporary fencing and safety signage 1 ls $5,000.00 5,000$
Demo Existing Playground 1 ls $10,000.00 10,000$
Clear and Grub/ Vegetation Selective Clearing (Approximately 80,000 square feet)1 ls $15,000.00 15,000$
Site Preparation Subtotal 60,000$
General Site Improvements
Bituminous concrete walkway 500 sy $45.00 22,500$
Full depth bituminous concrete access drive and parking with chip seal 2,300 sy $70.00 161,000$
Mill and Overlay bituminous concrete access drive and parking with chip seal 900 sy $35.00 31,500$
Playground, including structures, seating, and poured-in-place safety surfacing 1 ls $500,000.00 500,000$
Renovate existing vacant gift shop or install new shade pavillion 1 allowance $200,000.00 200,000$
10' wide by 18' length storage shed on concrete 1 ea $15,000.00 15,000$
Granite Curbing with 6" Reveal 550 lf $45.00 24,750$
Concrete Pavers 1,400 sf $30.00 42,000$
Accessibility Improvements to Nature Trail 1 ls $15,000.00 15,000$
Two (2) 6' x 6' accessible portable restroom 2 ea $5,000.00 10,000$
Bench with Poured Concrete Pad 5 ea $2,700.00 13,500$
Rain Garden (Approximately 10,500 square feet)1 ls $50,000.00 50,000$
Loam and Seed Disturbed Areas 1 ls $5,000.00 5,000$
Plantings 1 allowance $50,000.00 50,000$
Water Fill Station (including service connection and meter)1 ea $7,000.00 7,000$
Bike Rack on Concrete Pad 1 ea $4,000.00 4,000$
Miscellaneous Work and Cleanup 1 ls $20,000.00 20,000$
General Site Improvements Subtotal, rounded 1,171,300$
Project Subtotal 1,231,300$
Subtotal Direct Costs 1,231,300$
Div 01 (Gen. Cond.) and General Contractors OHP - 15% (Rounded ) 185,000$
ESTIMATED CONSTRUCTION COST, ROUNDED 1,416,000$
Contingency - 25%, (Rounded) 354,000$
TOTAL CONSTRUCTION COST, ROUNDED 1,770,000$
Engineering- 15%, (Rounded) plus $8K for existing building analysis 274,000$
ESTIMATED TOTAL PROJECT CONSTRUCTION COST WITH CONTINGENCY AND ENGINEERING 2,044,000$
CDM Smith Printed: 4/22/2021 Page 1
June 7, 2021
Drummer Boy Park
Master Plan
Chris Miller, Director
Dept. of Natural
Resources
James Veara,
Committee Chair
Michael Dodson, RLA
CDM Smith
David Young, P.E.
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
Patricia Hughes
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
Plan development coordinated with adjacent user groups
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
FYI ITEMS (MAIL) June 21, 2021
1.Abutter Notification of a Public Hearing – Harwich Planning Board;
Eastward MBT LLC
2.Cape Cod Canal Area Transportation Improvement Program
3.CVEC Monthly Comprehensive Offtaker 52 (May 25, 2021)
4.CVEC Report for All FGW Summary (March 29-April 30,2021)
5.CVEC- Net Metering Credit & Billing Report (April 7 – May 7, 2021)
6.Jewel Environmental Corporation; Permanent Solution Statement;
Parking Lot 81 Nickerson Lane
7.May 2021 Housing Coordinator Update
8.Nauset Youth Alliance- Re: Water Department
9.Xfinity- courtesy adjustment
Archive d: Thursday, June 17, 2021 3:21:22 PM
From: Massachusetts Department of Transportation
Se nt: Mon, 7 Jun 2021 16:10:00
Subje ct: Cape Cod Canal Area Transportation Improvement Program Geophysical Investigations
Se ns itivity: Normal
Issue Date: 6/7/2021
You are receiving this email as a stakeholder of the Cape Cod Canal Area Transportation ImprovementProgram. We'd like to provide you wi th project information, details on upcoming work, and encourage you toleave us your comments or questions.
This Program is a continuation of the Massachusetts Department of Transportation's (MassDOT) Cape C odCanal Study and the U.S. Army C orps of Engineers' (USACE) Major Rehabilitation Evaluati on Report (MRER).The Program will include the eventual replacement of the Bourne and Sagamore Bridges as well as multi modalimprovements to the approach roadway networks. Design alternatives for the bridges and roadways networkwill be developed in conjunction with a robust public engagement process, which is anticipated to commencethis summer.
Upcoming Work
MassD OT will be conducting subsurface exploration work as part of data collection efforts for the Cape CodCanal Area Transportation Improvement Program. Subsurface explorati ons near the Bourne and Sagamorebridges will take place over an estimated eight (8) week period beginning the week of June 14th. Work willinclude multi ple geotechnical test borings that collect subsurface soil and rock samples. The physical propertiesof the rocks and soil in the area of potential bridge sites will help inform future design decisi ons and alternativesfor the new Cape Cod Canal bri dges.
All work i s being done in coordination with the USACE to minimi ze disruptions along the Cape Cod Canalbicycle and pedestri an paths.
This work is another step in MassDOT's di scovery process. These investigations continue to be exploratory andare not the start of construction.
Get Involved
In the coming months, MassDOT wi ll be hosting a series of public meetings to provide additional i nformati on onthe project and solicit comments and questions from the public. We encourage you to share thi s email withother stakeholders and encourage them to si gn up at this link to receive Program updates. C omments andquestions are also being accepted at this li nk, and will be responded to by MassDOT staff. For moreinformation about the Program, please visit the Program website or call (857) 368-9439.
MassDOT is committed to a robust and i nclusive public process and looks forward to conti nued collaborationwith all interested stakeholders.
MassDOT Logo Ques tions ? Contact Us
STAY CONNECTED:
T hi s em ai l was sent usi ng PIM A on behal f of th e : M assach u se tts Departm ent of T ransportati on - 10 Park Pl aza - Boston, MA 02116 877-6 2 3 -6846
Archive d: Thursday, June 17, 2021 3:21:28 PM
From: Massachusetts Department of Transportation
Se nt: Fri, 11 Jun 2021 16:28:10
Subje ct: Cape Cod Canal Area Transportation Improvement Program Geophysical Work POSTPONED
Se ns itivity: Normal
Issue D ate: 6/11/2021
Cape Cod Canal Area T ransportation Improvement Program
You are receiving this email as a stakeholder of the Cape Cod Canal Area Transportation ImprovementProgram. We'd like to provide you wi th updated Program information and encourage you to leave us yourcomments or questions.
This Program is a continuation of the Massachusetts Department of Transportation's (MassDOT) Cape C odCanal Study and the U.S. Army C orps of Engineers' (USACE) Major Rehabilitation Evaluati on Report (MRER).The Program will include the eventual replacement of the Bourne and Sagamore Bridges as well as multi modalimprovements to the approach roadway networks. Design alternatives for the bridges and roadways networkwill be developed in conjunction with a robust public engagement process, which is anticipated to commencethis summer.
Upcoming Geophysical Work - POSTPONED
The commencement of the geophysical subsurface exploration work that was identified in our previous e-mailhas been delayed. When a new start date is identified, we will provide an update.
Get Involved
In the coming months, MassDOT wi ll be hosting a series of public meetings to provide additional i nformati on onthe project and solicit comments and questions from the public. We encourage you to share thi s email withother stakeholders and encourage them to si gn up at this link to receive Program updates. C omments andquestions are also being accepted at this li nk, and will be responded to by MassDOT staff. For moreinformation about the Program, please visit the Program website or call (857) 368-9439.
MassDOT is committed to a robust and i nclusive public process and looks forward to conti nued collaborationwith all interested stakeholders.
MassDOT Logo Ques tions ? Contact Us
STAY CONNECTED:
T hi s em ai l was sent usi ng PIM A on behal f of th e : M assach u se tts Departm ent of T ransportati on - 10 Park Pl aza - Boston, MA 02116 877-6 2 3 -6846
Archive d: Thursday, June 17, 2021 3:21:33 PM
From: Massachusetts Department of Transportation
Se nt: Mon, 14 Jun 2021 15:28:40
Subje ct: Cape Cod Canal Area Transportation Improvement Program Public Information Meetings
Se ns itivity: Normal
Issue D ate: 6/15/2021
Cape Cod Canal Ar e a T ra nsporta tion Impr ovement Pr ogr am
The Massachusetts Department of Transportation (MassDOT) invites you to attend one of the following Virtual Public Information Meeti ngs to learn more about theProgram scope, status, schedule and ask the Program team questions. Content shared at both meetings will be the same.
Thi s Program wi ll i nclude the replacement of the Bourne and Sagamore bridges, as well as improvements to the approach roadway networks to address themultimodal defi ci encies within the Cape Cod Canal area.
Virtual Public Information Meeting 1
Tuesday, June 29, 2021Time: 7:00 PM - 9:00 PMRegister at this link
Virtual Public Information Meeting 2
Wednesday, June 30, 2021 Time: 7:00 PM - 9:00 PM
Register at this link
After registering for the meetings using the links above, you will receive a confirmation email directly from Zoom containing information about joining the webi nar.
To sign up to receive program updates please visit: www.tiny.cc/CapeCodCanalBridgesSub. For more information on the program please vi si t the program website: www.mass.gov/cape-cod-canal-area-transportation-improvement-program. Please feel free to extend this meeting invitation to others that may have an i nterestin attendi ng. In the interim, please use the Program's comment form for any questions or concerns at: www.tiny.cc/CapeCodCanalBridgesCF.
MassDOT Logo
Ques tions ? Contact Us
STAY CONNECTED:
T h i s e m ai l was se n t u si ng PIM A on behal f of the: M assachusetts Department of T ransportati on - 10 Park Pl aza - Boston, MA 02116 877-623-6846
Brewster Housing Coordinator Update May 2021
Jill Scalise
Ongoing Activities/ Projects
1.Community Outreach and Education (Housing Production Plan (HPP) Strategy #13)
Responded to email and phone requests for information and assistance, 46 total requests for housing
information (31) or assistance (15). Office hours held on Thursdays from 10-12.
Website announcement about childcare funds with Community Development Block Grant (CDBG).
2.Millstone Parcel (Select Board Strategic Plan Goal H-3, HPP Strategy #15)
At public Housing Trust meetings, Laura Shufelt, Mass Housing Partnership (MHP), continued working
with the Trust to draft the Millstone Request for Proposal (RFP).
3.Brewster Affordable Housing Trust Fund (BAHT) (HPP Strategy #7)
Funding for the Trust was approved at Town meeting: $250,000 in the operating budget, from short-term
rental revenue, and $150,000 in capital free cash. $150,000 from CPA funds for two additional years of the
Brewster Rental Assistance Program (B-RAP). The program is managed by Housing Assistance Corporation
(HAC). Residents referred to HAC for assistance.
4.Brewster Housing Partnership (BHP) (HPP Strategy #16)
Partnership met and continue to work on housing advocacy, outreach, collaboration, and coordination.
5.Subsidized Housing Inventory (SHI) (HPP Strategy #10)
Follow-up regarding several affordable homes that are out of compliance. Sent email to Department of
Housing and Community Development (DHCD) detailing concerns about the properties.
6.Preservation of Housing and Related Support of Brewster Residents
Brewster COVID-19 Relief Fund: Continued providing staff support for housing requests.
CDBG funding for home rehabilitation and childcare approved. Email follow-up and outreach about the
availability of childcare applications, still waiting for housing rehabilitation applications to open.
7.Redevelop Existing Properties for Affordable Housing (HPP Strategy #6)
Elevation Financial Group is redeveloping 873 Harwich Rd. into 132, age 55+ rental units, Serenity
Brewster. Communication with Elevation about Local Action Unit (LAU) application, fair housing
marketing plan, and affordable unit lottery. DHCD site visit and follow-up about LAU requirements.
The Planning Board approved minor modifications to the site plan.
Prepared Serenity project update and LAU process memo for Select Board.
8.Comprehensive Permit Projects (HPP Strategy #14)
Brewster Woods (30 affordable rental units): Infrastructure work almost complete. Bi-weekly construction
meetings. Donna Kalinick overseeing Massworks grant and coordination. DHCD site visit.
Habitat for Humanity Red Top Road- Site visit by DHCD for the Local Initiative Program (LIP) application
which is in 30-day application review and comment period.
9. Housing Production Plan (HPP)
Explored funding sources for update of HPP which expires June 2022. Met with Cape Cod Commission.
10.Collaboration (HPP Strategy #9)
Participated in MA Making the Case for Affordable Housing Zoom and had meeting about ADU bylaw.
Town provided letter of support for Latham Centers grant application which includes affordable housing.
New Projects/ Upcoming Activities.
Brewster Woods: Groundbreaking Ceremony Tuesday June 22 at 9:30AM at Brewster Rd construction site.
Personnel
Worked with: Assessor, Building Dept., CPC, Council on Aging, Health Dept., Housing Partnership,
Housing Trust, Planning Dept., Select Board and Town Administration.
Attended Housing Trust, Planning Board, and Town Meeting.
Trainings: Housing Choice Webinar, Eviction Moratorium Session, CHAPA Rental Assistance Update, and
State of the Cape Virtual Summit.