HomeMy Public PortalAboutSelect Board -- 2021-05-24 Minutes 0VkauWaJ*1j* Office of:
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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 Brealcwater 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
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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
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0� Vw8r '" Town of Brewster Office of:
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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 0advise 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 .
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Select Board
2198 Main Street Town Administrator
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r Phone : ( 508) 896- 3701
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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 - j
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
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9 Town of Brewster Office of:
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;I +: 2198 Main Street Town Administrator
4 Brewster, MA 02631- 1898
r Phone : ( 508) 896- 3701
Fax: ( 508) 896-8089
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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
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Town of Brewster Office of:
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2198 Main Street
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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 speaking 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 conservatives 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 .
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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
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Questions from the Media
None
Next Meetings : May 26, June 7 and June 21, 2021
Adiournment
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
06 / 22 / 2021 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
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HELLOSIGN Audit Trail
TITLE May 15 and May 24 , 2021 Meeting Minutes
FILE NAME BoS 05- 15-21 . doc and 1 other
DOCUMENT ID 60692ab0627ced49f798bf46e6dfacfdcbbc2130
AUDIT TRAIL DATE FORMAT MM / DD / YYYY
STATUS Completed
Document History
0 06 / 2212021 Sent for signature to Cindy Bingham
SENT 13 : 07 : 28 UTC (cbingham@brewster- ma . gov) from emawn@brewster-ma . gov
IP : 131 . 109 . 131 . 20
06 / 22 / 2021 Viewed by Cindy Bingham (cbingham@brewster-ma . gov )
V19WEID 19 : 06 : 32 UTC IP : 73 . 167 . 234 . 228
-� 06 / 22 / 2021 Signed by Cindy Bingham (cbingham@brewster- ma . gov)
SIGNED 19 : 07 : 00 UTC IP : 73 . 167 . 234 . 228
G 06 / 22 / 2021 The document has been completed .
COMPLETED 19 : 07 : 00 UTC
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