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HomeMy Public PortalAbout09.22.21 FinCom PacketTown of Brewster Finance Committee 2198 Main St., Brewster, MA 02631 fincommeeting@brewster-ma.gov (508) 896-3701 MEETING AGENDA Remote Participation Only September 22, 2021 at 6:00 PM This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021,. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster- ma.gov), or Video recording (tv.brewster-ma.gov). Meetings may be joined by: 1. Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID: 862 2956 9696 Passcode: 565167 To request to speak: Press *9 and wait to be recognized. 2. Zoom Webinar: https://us02web.zoom.us/j/86229569696?pwd=MUhJNGpoU3VocTZ0cTU0VGpYcWdVQT09 Passcode: 565167 To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then wait to be recognized. Finance Committee Harvey (Pete) Dahl Chair Frank Bridges Vice Chair William Meehan Clerk Andrew Evans William Henchy Alex Hopper Honey Pivirotto Robert Tobias Robert Young Town Administrator Peter Lombardi Finance Director Mimi Bernardo 1.Call to Order 2.Declaration of a Quorum 3.Meeting Participation Statement 4.Recording Statement 5.Public Announcements and Comment: Members of the public may address the Finance Committee on matters not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting Law, the Finance Committee is unable to reply but may add items presented to a future agenda. 6.Town Administrator/Finance Director Report 7.Special Town Meeting – Sept 25 – Update 8.Discussion and Re-Vote - Sept 25, 2021 Special Town Meeting Warrant Articles 9.Liaison Assignments/Reports 10.Review and Approval of Minutes 11.Request for agenda items for future meetings. 12.Matters Not Reasonably Anticipated by the Chair 13.Next Finance Committee Meeting – Sept 29, 2021 14.Adjournment Date Posted:Date Revised:Received by Town Clerk: 9/20/21 1 Public Forum #2: Update on Potential Town Acquisition of the Cape Cod Sea Camps Brewster Select Board & Brewster Town Administration September 17, 2021 2 Forum #2 Purpose Update Brewster residents prior to Special Town Meeting (Sept. 25) & Special Town Election (Oct. 5) Present new information on changes since Sea Camps Public Forum #1 (Aug. 17) Acquisition costs Financing plans Tax implications Town of Brewster 3 Brief Recap of Events The Sea Camps closed in 2020 and were offered for sale – creating an unexpected opportunity for the people of Brewster. The Select Board & Town Administration have analyzed Town acquisition since the closure. Town acquisition would: Provide public access to two extensive waterfront properties, Prevent private development & Offer the public many benefits. Town of Brewster 4 Pond Parcel Acquisition(Warrant Article 1) 5 Long Pond Parcel–Overview Address 500 W.H. Besse Cartway Size 66 acres Zoning Residential Medium (RM) & Residential Rural (RR) Zoning About half of parcel is in Zone II (aquifer recharge area), Brewster Water Considerations Protection District & Natural Resource Protection District Frontage 765 feet (Route 137) Shoreline ~1,200 feet Buildings Undeveloped; equipment storage sheds & office Keen-Summit; Phoenix Management 6 Bay Parcel Acquisition (Warrant Article 2) 7 Bay Parcel–Overview Address 3057 Main Street, Brewster Size 54.7 acres Zoning RM (Residential Medium Density) Old King’s Highway Historic District, soil conservancy district & wetlands Frontage 824 feet (on Main Street) Shoreline ~800 feet Buildings More than 50 cabins, cottages, dorms & other structures Utilities Town water, solar energy, some natural gas, 2 back-up generators Town of Brewster 8 Bay Parcel Facilities Administration building 50+ cabins, cottages & dorms Beachfront Boathouse Art center Basketball courts 9 lighted tennis courts 2 outdoor theatres Woodworking shop Maintenance building & garage Dining hall with commercial kitchen area Olympic-sized swimming pool with swimming pavilion Fields for soccer, lacrosse, baseball, archery, field hockey & other sports Keen-Summit; Phoenix Management 9 Town Public Forum #1 Summary Presented overview of Sea Camps properties Discussed how acquisition is aligned with Town plans including the Vision Plan Reviewed Select Board’s & Town Administration’s due diligence during previous 8 months Presented Town’s bids on the properties, financing proposals, estimated tax rate impact & how Town might use properties Town of BrewsterTown of Brewster Cape Cod Sea Camps 10 Public Forum #1 Summary (Cont’d) Identified that the Town’s primary goal was to reach a negotiated settlement with sellers (likely to be the least expensive path to acquisition) Reported that negotiations had “stalled” Explained that without a negotiated deal, the only way for the Town to acquire the camps would be by using eminent domain. However, in late August the sellers indicated they wished to resume negotiating. 11 Pond Parcel Negotiations The Town & the Sellers reached agreement that the Town would pay $6 million for the Pond parcel, contingent on Town Meeting authorization and Town Election approval. Keen-Summit; Phoenix ManagementTown of Brewster 12 Pond Parcel Negotiations (Cont’d) Benefits of a negotiated sale include: • Eminent domain is not needed to acquire this property. • We know the final cost of the transaction, eliminating the possibility that it could increase through the eminent domain process. • We have eliminated the financial risk for Brewster taxpayers of future legal costs and other related expenses. • Public access will be possible sooner. • We’ve eliminated the possibility of private development. 13 Town’s Proposed Financing Plan for Long Pond Parcel Purchase Proposed Financing Plan for $6 million purchase: Brewster Conservation Trust contribution: $1.75 million Massachusetts Audubon Society contribution: $1.5 million Brewster Water Department (Retained Earnings): $250,000+ Free Cash (available Town financial reserves): $1.75 million Short-term debt (existing Town levy capacity):$750,000 Keen-Summit; Phoenix Management As proposed, the Pond parcel purchase will have no impact on property tax bills. 14 Bay Parcel Negotiations The Town & the Sellers reached agreement that the Town would pay $20 million for the Bay parcel, contingent on Town Meeting authorization and Town Election approval. Like the agreement on the Pond parcel, this negotiated agreement provides numerous advantages for Brewster taxpayers including the opportunity to acquire this property at the lowest possible cost. Town of Brewster Town of Brewster 15 Town’s Proposed Financing Plan for Bay Parcel Purchase Proposed Financing Plan for Purchase Debt exclusion: $20 million (30-year, level debt) Potential Measures to Reduce Town Costs Massachusetts Audubon Society: $1 million Private donations:$800,000+ Keen-Summit; Phoenix Management Keen-Summit; Phoenix Management 16 Cost of Negotiated Agreements to Purchase Both Sea Camps Properties 1. Agreed upon sale prices (contingent on Brewster voter approval) Long Pond Parcel: $6,000,000 Bay Parcel: + $20,000,000 TOTAL COST $26,000,000 2. Deduction of pledged contributions and donations Total Cost:$26,000,000 Available Town Funds:– $2,750,000 Private Contributions:– $3,250,000 (Long Pond only) BALANCE:$20,000,000 3. Financing proposal for balance Excluded Debt:$20,000,000 (Bay Parcel) 17 Impact of Proposed Negotiated Agreement on Brewster’s Tax Rate Impact of Town financing $20 million (30-year, level debt): Tax rate would increase: $0.25 per $1,000 assessed property value* * Tax rate would increase an additional $.02 per $1000 to account for loss of Sea Camps property taxes 18 Actions That Could Reduce Town Costs or Generate Revenue Potential Partnerships Brewster Conservation Trust Massachusetts Audubon Society Trustees of Reservations YMCA Cape Cod Others Private Donors Community Preservation Act funds Potential Revenue Generation 19 Property Acquisition Scenarios Warrant Article 1 (Pond parcel) PASSES Warrant Article 2 (Bay parcel) PASSES Town acquires both parcels by purchase.+ IF THEN 1 Warrant Article 1 (Pond parcel) FAILS Warrant Article 2 (Bay parcel) PASSES Sellers might not voluntarily sell Bay parcel to Town+ IF THEN 2 Warrant Article 1 (Pond parcel) FAILS Warrant Article 2 (Bay parcel) FAILS Town does not acquire Sea Camps; seller free to sell to other party.+ IF THEN 4 Warrant Article 1 (Pond parcel) PASSES Warrant Article 2 (Bay parcel) FAILS Town would purchase Pond parcel; Sellers could sell Bay parcel to another party. + IF 3 THEN 20 Special Town Meeting – Sep. 25 Keen-Summit; Phoenix Management Special Town Meeting: Sat., Sep. 25 at 10am (check-in begins at 9am) Brewster voters will consider 3 warrant articles concerning acquisition of the Sea Camps properties for public use. Unlike last 2 outdoor town meetings, a tent will not be in place. Child-care will be available for children 5-12 years old. Town of Brewster 21 Special Town Meeting Warrant Articles Warrant Article 1: 500 W. H. Besse Cartway (Pond Parcel) Acquisition 2/3 Majority Vote To authorize the Select Board to acquire the parcel of land identified as the Cape Cod Sea Camps Long Pond parcel for public purposes. Authorize the Town to raise, appropriate or borrow the sum required. Authorize a debt exclusion from Proposition 2 ½ subject to local election vote. Warrant Article 2: 3057 Main Street (Bay Parcel) Acquisition 2/3 Majority Vote To authorize the Select Board to acquire the parcel of land identified as the Cape Cod Sea Camps Bay parcel for public purposes. Authorize the Town to raise, appropriate or borrow the sum required. Authorize a debt exclusion from Proposition 2 ½ subject to local election vote. Warrant Article 3: Operating Expenses Simple Majority Vote To authorize use of $200,000 from free cash for operating expenses. 22 Special Election – Oct. 5 • Brewster will conduct a Special Election on Oct. 5, from 7am to 8pm at Brewster Baptist Church. • Two debt exclusion questions will appear on this ballot. • Proposition 2 1/2 limits the amount of increased debt a municipality can add in a certain year; a debt exclusion allows us to temporarily increase the upper limit of debt so we can take on more debt temporarily for a specific project. • Vote-by-mail ballots are available. • The ballot questions require simple majority votes to pass. • To acquire these parcels voters must approve both an appropriation and a debt exclusion. 23 Short-Term Property Operations & Maintenance Preliminary estimated annual operating expenses* Insurance $60,000 Facility Management $15,000 Security $10,000 Septic Testing/Maintenance $35,000 Utilities Unknown Grounds Maintenance Town staff * Subject to further refinement; does not account for active uses of sites or facilities CapeCodFieldTrips.com Town of Brewster 24 Long-Term Property Operations & Maintenance Assessing buildings & facilities Considering site design and improved road access Examining potential disposition of some buildings Long-term Property Operations & Maintenance will include: Keen-Summit; Phoenix ManagementKeen-Summit; Phoenix Management Master Planning will look beyond just the Sea Camps properties. It will consider best uses of other Town properties including Spruce Hill, the Robinson property, the Council on Aging building, and Town Hall. 25 Determining the Future Town Uses for the Sea Camps Properties Possible Use Priorities May Include: New beaches & beach parking Creation of a community center Expanded active recreation Expanded passive recreation Conservation/open space protection; habitat & watershed protection Community housing Evaluation of partnerships & revenue- generating opportunities A Master Plan for each parcel, informed by public engagement, will require Town Meeting approval. Town of Brewster The Town will facilitate a public engagement process to shape the properties’ future uses. 26 Thank You to the Cape Cod Sea Camps Board of Directors • On behalf of the Brewster Select Board and Town Administration, thank you to the Cape Cod Sea Camps Board of Directors. • We are grateful the Sea Camps Board worked with the Town of Brewster to reach a mutually beneficially agreement. CapeCodSeaCamps.com 27 Questions & Answers Town of Brewster Town of Brewster SPECIAL TOWN MEETING WARRANT September 25, 2021 10:00 AM STONY BROOK ELEMENTARY SCHOOL 384 UNDERPASS ROAD Please bring this copy of the warrant to Town Meeting Large print copies of the warrant are available at the Brewster Town Offices September 2021 2 TOWN OF BREWSTER SPECIAL TOWN MEETING WARRANT September 25, 2021 TABLE OF CONTENTS A INDEX 2 B GENERAL VOTER INFORMATION & MODERATOR’S STATEMENT 3-6 C VOTER INFORMATION ON CAPE COD SEA CAMPS PARCELS 7-13 D 2021 SPECIAL TOWN MEETING WARRANT ARTICLES 14-17 ARTICLE DESCRIPTION SPONSOR PAGE 1 Land Acquisition: 500 W.H. Besse Cartway Board of Selectmen 14 2 Land Acquisition: 3057 Main Street Board of Selectmen 15 3 Maintenance and Upkeep of Properties Board of Selectmen 16 E TOWN MODERATOR’S RULES 18-19 F GLOSSARY OF FINANCIAL TERMS 20-23 September 2021 3 BREWSTER TOWN MEETING INFORMATION September 2021 Special Town Meeting DATE, TIME & PLACE DATE & TIME: Saturday, September 25, 2021, at 10AM CHECK-IN: Starts at 9AM LOCATION: Stonybrook School Ball Field (“Whitecaps Field”), 384 Underpass Rd. RAIN DATE: Sunday, September 26, 2021, at 1PM (check-in starts at 12PM) HEALTH & SAFETY MASKS: A mask/face covering is recommended (unless medically unable). SOCIAL DISTANCE: Maintain 6 feet from others (except those in your household). MICROPHONES: Sanitized between speakers; masks are recommended when speaking. SEATING: Seats will be in pairs; household members may sit together. HAND SANITIZER: Sanitizer stations will be available; voters may bring their own. ENTRY, MEETING, & EXIT ENTRY: Form a socially distanced line at entry near playground (west of school). CHECK-IN: When invited by greeter, approach check-in station to receive voter ticket. ENTER FIELD: Proceed to single field entrance as directed, maintaining social distance. MICROPHONES: Use closest stationary microphone to speak or raise hand for mobile “mike.” Socially distance if there is a line at the microphone. DEPARTURE: Voters should depart in an orderly manner and maintain social distancing CHANGES TO IMPROVE SAFETY VOTING: All votes will be cast by raising voter ticket; there will be no voice votes. DEBATE: The Moderator will encourage limiting debate to less than normal (1.5 minutes if speaking for or against an article). MOTION COPIES: Only proposed amendments need to be handed to the Moderator. AMENITIES PARKING: Use school and tennis parking areas. BATHROOMS: Port-a-potties will be available on the field. FOOD/DRINKS: Not available. TRANSPORTATION: Not available. CHILD CARE: Offered by Nauset Youth Alliance for children aged 5-12. Schedule in advance. SPECIAL SERVICES HANDICAPPED PARKING: Use lot at west end of school near check-in point. HANDICAPPED BATHROOMS: Accessible port-a-potties will be available on the field. MOBILITY IMPAIRED SEATING: Available. MOBILITY IMPAIRED CHECK-IN: Please proceed to beginning of check-in line. UNABLE TO WEAR A MASK? Seating with greater social distance will be available. PLEASE CALL: If possible, call the Town Administrator’s office before the meeting to let us know of your needs so we can assist you. Phone: (508) 896-3701 ext. 1100. WHAT TO BRING x Town Warrant booklet: copies will be available at Town Meeting. x Hand sanitizer, insect repellant, sunscreen (no tent), sunglasses & water bottle if desired. x Patience. WHAT NOT TO DO x Please don’t bring your own chair or food (unless medically required). x Please don’t gather in groups on the field before or after the meeting. September 2021 4 Brewster Special Town Meeting Saturday, September 25, 2021 @ 10am Whitecaps Ball Field, Stony Brook SchoolVoter Parking Voter Parking Exit Voter Movement Map September 2021 5 Town Moderator Information for Brewster Voters Brewster Voters: Brewster Town Meeting is again being held under unusual circumstances. We want to reduce the chance of infectious disease transmission, so it is important we conduct the Town’s business as efficiently as possible. Given these conditions, and the need to balance public health concerns with the need to carry out the Town’s business, we will continue to implement modified meeting procedures. To prepare voters in advance and to minimize the length of my opening remarks, I’m providing information here that will be helpful to everyone who plans to attend. 1.Disclosures: I have filed disclosures with the Town Clerk about organizations I have had relationships with. 2.Check-in: Will start at 9am. Please form a socially distanced single line at the check-in area at the west side of Stony Brook School. A greeter will direct you to a check-in station. If you have a mobility issue, please move to the beginning of the check-in line. 3.Town Warrants: Copies of the Town Warrant will be available; voters are invited to bring their own copy. 4.Seating: Seats will be set up in pairs and will be socially distanced. Members of the same household may take seats together. 5.CERT: Members of the regional Community Emergency Response Team (CERT) will provide assistance during Town Meeting. They will be wearing visible attire. For safety, please follow their instructions. 6.Town Officials Participating in Town Meeting: The following will be in attendance: x Select Board: Chair Cynthia Bingham, David Whitney, Mary Chaffee, Ned Chatelain, and Kari Hoffmann x Town Administrator: Peter Lombardi x Assistant Town Administrator: Donna Kalinick x Town Clerk: Colette Williams x Finance Committee: Chair Pete Dahl, Frank Bridges, William Meehan, Honey Pivirotto, Robert Young, Alex Hopper, Robert Tobias, Andrew Evans and William Henchy x Finance Director: Mimi Bernardo x Town Counsel: Jonathan Silverstein and Shirin Everett of KP Law x Constable: Roland Bassett, Jr. 7.Meeting Rules of Order x Brewster uses “Town Meeting Time: A Handbook of Parliamentary Law” as well as local practice and tradition. x Please be respectful and courteous to others. x All questions or comments should be directed only to the Moderator. 8.Time Clock. Because of the unusual circumstances of this meeting and the need to reduce the time we are together, I will encourage briefer debate than normal. Under our bylaw, residents may speak PLEASE DO NOT ATTEND TOWN MEETING IF YOU MAY HAVE COVID, INCLUDING IF YOU HAVE: x Any COVID symptoms (e.g., fever, chills, cough, loss of appetite or sense of taste or smell, and fatigue). See www.CDC.gov for more information. x Had contact in the previous 2 weeks with a person diagnosed with COVID. September 2021 6 for or against an article for up to 3 minutes. For this meeting, I will recommend residents limit their comments to 1.5 minutes to speak for or against. 9.Voting x All voting will be done by a show of hands using voter tickets. x There will be no voice votes. x The Moderator will evaluate the show of hands and announce the result. x Voters may challenge the Moderator’s result; if more than 7 request a count, one will be done. 10.Microphones x Stationary microphones will be set up at the front of each aisle in the voter seating area. x Mobile microphones will be available if you wish to speak from your seating area; raise your hand to alert a microphone manager. x Please avoid handling the microphones. An assistant can adjust the microphone for you. Masks are recommended when speaking. x If there is a line at the microphone, please stay 6 feet from others including seated voters. Flags in the ground will mark 6-foot intervals. x The microphones will be sanitized between speakers. x State your name and address when you speak. 11.Motions x Amendments: o If a minor amendment is proposed, the Moderator may accept it verbally. o If a longer amendment is offered, provide it in writing to the Town Clerk or her staff. x If you are unclear at any time about an action, raise your voter ticket to be recognized and state, “Point of order.” 12.Departure: x Please adjourn in an orderly manner, maintaining social distancing. x Please maintain social distance until you are in your vehicle and do not gather in groups. 13.Services x If you need handicapped parking, special seating, or any other type of assistance, please contact the Town Administrator’s office (508-896-3701 ext. 1100) before Town Meeting. We want to make sure we have the services you may require. x Port-a-potties will be available on the baseball field; some will be accessible. x Space will be available for voters using wheelchairs. x Handicapped parking will be available near the check-in point at the playground (at the west end of the Stony Brook School). x Those with impaired mobility should move to the front of the check-in line. x Nauset Youth Alliance will provide free child care services for children ages 5 – 12 in the Stony Brook School during Town Meeting. Masks will be required. If you would like to utilize this service, please call 508-896-7900 or email drost@nausetyouthalliance.org. x We regret that we cannot offer transportation to this meeting. Food and beverages will not be available either. 14.Handouts/Flyers: A designated area will be available for distribution of materials to voters. 15.Thank you. I appreciate your commitment to conducting the Town’s business and your attention to efforts that will keep us all safe. Charles Sumner, Town Moderator September 2021 7 x The Pond parcel is largely undeveloped x Structures include boating equipment storage & an office Voter Information: Potential Acquisition of the Cape Cod Sea Camps SEA CAMPS POND PARCEL: Overview SEA CAMPS POND PARCEL: Facilities Address 500 W.H. Besse Cartway Owner Camp Wono, Inc. Size 66 acres Parcel ID 84-45 Zoning Residential Medium (RM) & Residential Rural (RR) Zoning About half of parcel is in Zone II (aquifer recharge area), Brewster Considerations Water Protection District & Natural Resource Protection District Frontage 765 feet (Route 137) Shoreline ~1,200 feet SEA CAMPS POND PARCEL: Potential Town Uses x New public beach & beach parking on Long Pond (possibly residents only) x Recreation activities, e.g., swimming lessons, boating, sailing x Conservation/open space, habitat & watershed protection x Public watercraft storage (kayak, canoe, stand-up paddleboard) x Partnership with Brewster Conservation Trust to develop extensive hiking/trail system of 100+ acres when combined with adjacent Robinson property x Partnership with Massachusetts Audubon Society to develop on-site programs x Appropriately scaled community housing near Route 137 (partnering with Brewster Affordable Housing Trust) SEA CAMPS POND PARCEL: Pledged Contributions x Brewster Conservation Trust $1.5 million x Massachusetts Audubon Society $1.0 million x Brewster Water Department Enterprise Retained Earnings $250,000 September 2021 8 SEA CAMPS POND PARCEL: Maps LEGEND Pond Parcel Boundary Long Pond Rd. (137) Acres: 66 September 2021 9 Photos by Town of Brewster except where noted. SEA CAMPS POND PARCEL: Photos Beachfront Keen-Summit; Phoenix Management Beachfront Access Road Keen-Summit; Phoenix Management Long Pond Frontage Keen-Summit; Phoenix Management Long Pond Frontage Keen-Summit; Phoenix Management Keen-Summit; Phoenix Management Undeveloped acreage September 2021 10 SEA CAMPS BAY PARCEL: Overview Address 3057 Main Street, Brewster Owner Camp Wono, Inc. Size 54.7 acres Parcel ID 101-45 Zoning RM (Residential Medium Density) Zoning Old King’s Highway Historic District, soil conservancy district & wetlands Considerations Frontage 824 feet (on Main Street) Shoreline ~800 feet SEA CAMPS BAY PARCEL: Facilities x Administration building x 50+ cabins, cottages & dorms x Beachfront x Boathouse x Dining hall with commercial kitchen area x Olympic-sized swimming pool with swimming pavilion x Art center x Basketball courts x 9 lighted tennis courts x Fields for soccer, lacrosse, baseball, archery, field hockey & other sports x 2 outdoor theatres x Maintenance building & garage x Woodworking shop SEA CAMPS BAY PARCEL: Potential Town Uses x New public beach & beach parking (possibly residents only) x Community center & group meeting spaces x Expanded municipal recreation facilities: swimming pool, tennis, basketball, outdoor theatres, basketball, boating/sailing, playgrounds, trails x Town offices x Conservation, open space & habitat protection, coastal resiliency x Partnership(s) to expand recreational activities & programs x Bike trail spur from Cape Cod Rail Trail to beach x Boat moorings SEA CAMPS BAY PARCEL: Pledged Contributions x Massachusetts Audubon Society $1.0 million x Anonymous Private Donor $750,000 September 2021 11 SEA CAMPS BAY PARCEL: Maps LEGEND Bay Parcel Boundary Main St. (6A) Acres: 54.7 September 2021 12 Photos by Town of Brewster except where noted. SEA CAMPS BAY PARCEL: Photos Administration Building Keen-Summit; Phoenix Management Keen-Summit; Phoenix Management Recreation Facilities Capecodseacamps.com Arts Center Arts Center Beachfront Boat House www.Catalystarchitects.com Recreation Facilities Cape Cod Sea Camps Bay Parcel Pond Administration Building Recreation Facilities September 2021 13 ABOUT EMINENT DOMAIN ƒLegal right of governments to acquire property for public purposes ƒRequires just compensation to the owner of property ƒBrewster Town Meeting has authorized at least 31 major eminent domain actions since 1918 REQUIREMENTS FOR BREWSTER TO ACQUIRE THE SEA CAMPS IF EMINENT DOMAIN IS NEEDED ƒAcquisition must be for public purpose (Done) ƒProperty must be identified (Done) ƒTitle research is required (Done) ƒBrewster voters must authorize and appropriate funds (Town Meeting and local election) ƒProperty inspection is required ƒJust compensation must be provided NEXT STEPS IF EMINENT DOMAIN ACQUISITION OF THE SEA CAMPS IS AUTHORIZED ƒOrder of Taking: The Select Board will adopt an Order of Taking. ƒRecording: The Order of Taking is recorded by the Barnstable County Registrar of Deeds. o Once recorded, the Town of Brewster becomes the legal owner. o Recording permits the Town to provide compensation to the former owner. ƒNotice of Taking: Notice is provided to others with an interest in the properties, e.g., a bank holding a mortgage. ƒJust Compensation to the Former Owner: The Town will calculate fair compensation for the former owners based on carefully prepared appraisals and expert consultation. o “Just Compensation”: Fair market value of the property at the time the property is transferred. The Town acquired appraisals to determine just compensation. ƒAppeal: The former owner has 3 years to appeal the Town’s action. o Appeal process: If appealed, a jury trial will be held. If the jury awards a higher amount than paid, Brewster voters would need to approve appropriation of the difference. REFERENCE: Commonwealth of Massachusetts, General Laws Chapter 79: Eminent Domain https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIII/Chapter79 POTENTIAL USE OF EMINENT DOMAIN TO ACQUIRE THE CAPE COD SEA CAMPS September 2021 14 TOWN OF BREWSTER SPECIAL TOWN MEETING SEPTEMBER 25, 2021 Barnstable, ss To: Roland W. Bassett, Jr. Constable of the Town of Brewster Greetings: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet at the Stony Brook Elementary School, 384 Underpass Road, on Saturday, SEPTEMBER 25, 2021, next, at 10:00 o’clock in the morning, then and there to act upon the following articles: ARTICLE NO. 1: LAND ACQUISITION - 500 W.H. BESSE CARTWAY To see if the Town will authorize the Select Board to acquire, by purchase, gift, and/or eminent domain, the parcel of land with the improvements thereon located at 500 W.H. Besse Cartway, Brewster, containing 66 acres, more or less, shown on Assessors Map 84 as Parcel 45, and described in a deed recorded with the Barnstable Registry of Deeds in Book 1388, Page 1185, for habitat protection, watershed protection, open space, conservation and passive recreation, active recreation, community housing, and/or general municipal purposes, and for the purpose of granting conservation easements and/or restrictions on such portions of the property that the Select Board may determine to provide for habitat protection, watershed protection, open space, conservation and passive recreation purposes, and to raise and appropriate, transfer from available funds, and/or borrow a sum to fund the foregoing acquisition and the payment of all costs incidental or related thereto; provided, however, that the appropriation authorized hereunder shall be contingent upon approval by the voters of a ballot question to exclude the amounts to pay for any bonds or notes authorized for this purpose from the provisions of Proposition 2½, so called, and to authorize the Select Board to convey the foregoing conservation easements and/or restrictions to charitable corporations or trusts whose purposes include conservation of land or water areas on such terms and conditions as the Select Board deems appropriate, and, further, to authorize the Select Board and/or its designee to apply for, accept and expend any state and/or federal grants and/or loans or other public or private funds that may be available for the foregoing purposes and to take any and all actions and execute any and all documents necessary or convenient to accomplish the foregoing purposes; or take any other action in relation thereto. (Board of Selectmen) (Two-Thirds Vote Required) COMMENT This article will authorize the Select Board to acquire the so-called Long Pond parcel located at 500 W.H. Besse Cartway for a number of potential public purposes. This 66 acre parcel is currently the largest privately held property in Brewster. It has almost 800 feet of frontage on Long Pond Road (Route 137) and about 1,200 feet of shoreline in the northeast corner of Long Pond. It is mainly comprised of wooded upland and is largely undeveloped. About half of the property is located in the Town’s Zone II (aquifer recharge area), Brewster Water Protection District and Natural Resource Protection District. It is immediately adjacent to Long Pond Woodlands (the so-called Robinson property), 42 acres of conservation land purchased by the Town several years ago. September 2021 15 The acquisition of this land is contingent on approval of a debt exclusion ballot measure at the local election to be held on October 5, 2021. To date, the Town has secured pledges of $1.5 million from the Brewster Conservation Trust and $1 million from Mass Audubon to assist with the acquisition costs of this parcel. The Brewster Water Commission has also approved appropriating $250,000 in available retaining earnings to help with acquisition expenses. While a number of potential future public uses are contemplated in the warrant article, if the Town acquires this parcel, we will undertake a resident engagement process that will inform the development of a Master Plan. It is anticipated that a majority of this property will be permanently protected with a conservation restriction. The Master Plan will provide specific details and, once completed, will be brought back to a future Town Meeting for voter consideration and approval. Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0 ARTICLE NO. 2: LAND ACQUISITION - 3057 MAIN STREET That the Select Board is authorized to acquire, by purchase, gift, and/or eminent domain, the parcel of land with the improvements thereon located at 3057 Main Street, Brewster, containing 54.7 acres, more or less, shown on Assessors Map 101 as Parcel 45, and described in a deed recorded with the Barnstable Registry of Deeds in Book 1388, Page 1188 (excluding therefrom the parcel shown on Assessors Map 101 as Parcel 46) and in Certificate of Title No. 30242, for habitat protection, watershed protection, open space, conservation and passive recreation, active recreation, community housing, community center and/or general municipal purposes, and for the purpose of granting conservation easements and/or restrictions on such portions of the property that the Select Board may determine to provide for habitat protection, watershed protection, open space, conservation and passive recreation purposes, and to raise and appropriate, transfer from available funds, and/or borrow a sum to fund the foregoing acquisition and all costs incidental or related thereto; provided, however, that the appropriation authorized hereunder shall be contingent upon approval by the voters of a ballot question to exclude the amounts to pay for any bonds or notes authorized for this purpose from the provisions of Proposition 2½, so called, and to authorize the Select Board to convey the foregoing conservation easements and/or restrictions to charitable corporations or trusts whose purposes include conservation of land or water areas on such terms and conditions as the Select Board deems appropriate, and, further, to authorize the Select Board and/or its designee to apply for, accept and expend any state and/or federal grants and/or loans or other public or private funds that may be available for the foregoing purposes and to take any and all actions and execute any and all documents necessary or convenient to accomplish the foregoing purposes; or take any other action in relation thereto. (Board of Selectmen) (Two-Thirds Vote Required) COMMENT This article will authorize the Select Board to acquire the so-called Bay parcel located at 3057 Main Street for a number of potential public purposes. This 55 acre parcel is currently the 4th largest privately held property in Brewster. It is located within the Old King’s Highway Historic District and has over 800 feet of frontage on Main Street (Route 6A). It has about 800 feet of shoreline on Cape Cod Bay and is adjacent to Town-owned conservation land and beach at Spruce Hill. Serving as the primary location for September 2021 16 Cape Cod Sea Camps operations for many years, this property has extensive recreation facilities including an Olympic-sized outdoor swimming pool, lighted tennis courts, outdoor theatres, fields for a variety of sports, basketball courts, and a boathouse and an arts center – both built within the last 10 years. This parcel has 50+ cabins and cottages as well as a dining hall, a health center, a historic administrative building, a maintenance area and a garage. The acquisition of this property is contingent on approval of a debt exclusion ballot measure at the local election to be held on October 5, 2021. To date, the Town has secured pledges of $1 million from Mass Audubon and $750,000 from an anonymous private donor to assist with the acquisition costs of this parcel. Other organizations have expressed interest in potentially partnering with the Town in the future on this property, including YMCA Cape Cod and the Trustees of Reservations. While a number of potential future public uses are contemplated in the warrant article, if the Town acquires this parcel, we will undertake a resident engagement process that will inform the development of a Master Plan. The Master Plan, once completed, will be brought back to a future Town Meeting for voter consideration and approval. Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0 ARTICLE NO. 3: MAINTENANCE AND UPKEEP OF PROPERTIES To see if the Town will vote to transfer from free cash the sum of $200,000 to pay costs associated with the maintenance, security, operations, repair and/or rehabilitation of the parcels of land and the improvements thereon located at 3057 Main Street and/or 500 W.H. Besse Cartway, with said moneys to be expended under the direction of the Select Board; or take any other action in relation thereto. (Board of Selectmen) (Majority Vote Required) COMMENT These funds will be used to cover interim operating expenses associated with the general maintenance of one or both properties the Town is seeking to acquire in Articles 1 and 2 in this warrant. Depending on which properties the Town ultimately acquires, the timing of when those acquisitions occur, and the extent to which public access to these properties will be provided in the near term will impact when further such appropriations will be necessary. The Town has developed an initial budget for maintaining the properties based on the information available at this time. This plan will be further refined and updated once the Town has access to additional information about the facilities. Property maintenance will also include utilizing some existing Town staffing resources. The Town may partner with other organizations to mitigate some of these interim expenses. The Master Plan process is intended to clearly define future ongoing operating expenses associated with one or both properties based on anticipated future uses and potential partnerships. Selectmen: Yes 5, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0 September 2021 17 You are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting as aforesaid. Given under our hand and Seal of the Town of Brewster affixed this 3rd day of September 2021. ___________________________________ Cynthia A. Bingham, Chair ___________________________________ David C. Whitney, Vice Chair ___________________________________ Edward B. Chatelain, Clerk ___________________________________ Mary Chaffee ___________________________________ Kari Hoffmann I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Special Town Meeting of September 25, 2021, by posting attested copies thereof, in the following locations in the Town on the 3rd day of September 2021. Brewster Town Offices Café Alfresco Brewster Ladies Library Brewster Pizza House The Brewster General Store Millstone Liquors U. S. Post Office _________________________________ Roland W. Bassett, Jr. Constable September 2021 18 MODERATOR’S RULES REGARDING TOWN MEETING Priority shall be given to registered voters of the Town for admission to all Town Meetings, whether annual or special meetings. Therefore, the following rules shall apply: 1.Prior to admission, persons desiring admission shall check in with the Registrars of Voters, who will be present at the main entrance with voter registration lists. 2.Non-voters, who desire to be present, will be seated in the area designated as the nonvoter section. Voters take priority seating. 3.Non-voters will not address the Town Meeting without the unanimous consent of all voters present and will not participate in voting. Non-resident Town staff will be permitted to address Town Meeting as appropriate and consistent with past precedent. TOWN MEETING PROCEDURE THE MODERATOR has absolute control of the Town Meeting. GENERAL LAWS CHAPTER 39 SECTION 15: The Moderator shall preside and regulate the proceedings, decide all questions of order, and make public declaration of all votes. The Moderator recognizes speakers from the floor, and while they are speaking allows no interruptions except when a point of order is raised. WHEN A VOTER WISHES TO SPEAK, the voter may rise, say, "Mr. Moderator," and wait for recognition. Then, with the microphone, please give your name. The voter may continue with due regard to reasonable brevity, as long as the voter speaks directly to the question under discussion. THERE WILL BE NO SMOKING OR STANDING in the meeting location. ANY TIME THE MOTION TO BE VOTED ON IS UNCLEAR, ask the Moderator before voting. VOTERS WILL PLEASE HOLD THEIR BREWSTER VOTER TAG in their right hand, so that the tellers when counting hand votes will count them. NO PERSON IS TO INDULGE IN PERSONALITIES OR DEROGATORIES. Let us maintain decorum and reason together. MOTIONS MAIN MOTIONS are always on articles in the Town warrant. They are made, seconded, and then opened for consideration. SECONDARY MOTIONS are motions which refer to main motions. Secondary motions usually amend, postpone, or limit consideration. AMENDMENTS may be offered by any voter to the motion under discussion, provided the scope of the original motion is not enlarged or altered. Amendments are seconded and discussed; they require a majority vote to carry (pass). An amendment need not be voted upon if the proposed change is agreeable to the proponents of original motion. Voters must submit amendments in legible writing. September 2021 19 POSTPONE TO REFER TO COMMITTEE "COMMIT" if changes in a main motion are numerous, take too much time, or require additional information, it is wise to commit the article to a committee. This secondary motion should specify which board or committee. If proposing a new committee, specify how many members, how appointments are to be made, and when the committee should report. POSTPONE TO A DEFINITE TIME defers action on a main motion to a stated hour, usually during the meeting. At the hour specified, it is returned to the floor when a motion is made that the deferred article be considered. "LAY ON TABLE" intends to temporarily lay aside an article. Not debatable; two-thirds vote carries. An article not taken from table before the meeting adjourns is not actionable. To be considered at a subsequent meeting, it must reappear in the warrant for that meeting. "TAKE NO ACTION" "PASS OVER" "POSTPONE INDEFINITELY" are debatable motions and require majority vote. The intent is to defeat the motion. LIMIT CONSIDERATION LIMIT DEBATE This secondary motion requests a vote to be taken at a specific time. Requires a 2/3 majority vote. "MOVE THE PREVIOUS QUESTION" demands an immediate vote on any motion under consideration without further debate on the motion. May not be debated or amended. Requires 2/3 vote to carry. If it carries, we vote on the main motion that we voted to end the debate on. POINT OF ORDER IF A VOTER QUESTIONS THE LEGALITY or propriety of the proceedings, the voter may rise, interrupt the speaker and say, "I rise to a point of order" or "question of privilege." VOTES ON MAIN MOTIONS Usually carries (passes) with majority of those attending. Quantum of vote for each article is noted in the warrant book. EXCEPTIONS 2/3 MAJORITY VOTE REQUIRED for borrowing of money appropriations for land purchases; land purchase for public purpose; sale or abandonment of unneeded land; abandonment of projects for which money has been borrowed; appropriation for celebration of settlement or incorporation; zoning bylaws. 4/5 USUALLY REQUIRED for payment of a bill for which insufficient appropriations made in a previous year, at the Annual Town Meeting. A 9/10 vote is required at a Special Town Meeting. POSTPONE INDEFINITELY requires a majority vote, may be debated, and may not interrupt the speaker. September 2021 20 Appendix A GLOSSARY OF FINANCIAL TERMS 1. Appropriation – An authorization granted by a legislative body to make expenditures and to incur obligations for specific purposes. An appropriation is usually limited in amount and as to the time when it may be expended. Only town meeting can authorize money appropriated for one purpose to be used for another. Any amount that is appropriated may be encumbered (see encumbrance). Any part of an annual operating appropriation not spent or encumbered by June 30 automatically reverts to the undesignated fund balance that may result in free cash. If departments know of remaining unpaid bills at the close of the fiscal year and properly notifies the Town Accountant (MGL Ch. 41 Sec. 58), the departmental appropriation is encumbered. This action extends the annual spending authorization until such time that the bill is paid or it is decided not to spend the funds. If these encumbrances are not acted on within ninety days, the Town Accountant generally notifies the department and closes them out. A special purpose appropriation, on the other hand, may carry forward from year to year until spent for the designated purpose or transferred by town meeting vote to another account. 2. Audit – An examination of systems, procedures, and financial data by a certified public accountant, reporting on the fairness of financial statements and compliance with statutes and regulations. The audit is a valuable management tool for evaluating the fiscal performance of a community. 3. Available Funds – Funds established through previous appropriations or resulting from financial operations. They may be appropriated to meet unforeseen expenses, or large non-recurring or capital expenditures. Examples include free cash, stabilization fund, overlay surplus, water surplus, and enterprise retained earnings. 4. Bond – A written promise to pay a specified sum of money, called the face value (par value) or principal amount, at a specified date in the future, called the maturity date, together with periodic interest at a specified rate. The difference between a note and a bond is that the latter runs for a longer period of time. 5. Bond Anticipation Note (BAN) – A short-term note to provide cash for initial project costs issued in anticipation of bond proceeds. BANs may be issued for a period not to exceed five years, provided principal repayment begins after two years. Communities with approved projects on the School Building Assistance (SBA) priority list may defer principal payments up to five years (approved annually in outside sections of the budget). The final maturity date of the project borrowing, beginning from the date the short-term note was issued, may not exceed the term specified by statute. BANs are full faith and credit obligations. 6. Bond Authorized And Unissued – Bond authorized but not yet sold. Issuance is contingent only on action by the Town Treasurer and a majority of the Board of Selectmen. 7. Bond Counsel – An attorney or law firm engaged to review and submit an opinion on the legal aspects of a municipal bond or note issue. 8. Bond Issue – Generally represents the sale of a certain number of bonds at one time by a governmental unit. 9. Bond Rating (Municipal) – A credit rating to help investors determine the risk of losing money in a given fixed-income investment. Agencies specializing in municipal bonds assign a rating, designated by letters or a combination of letters and numerals, based on their opinion of the future ability, legal obligation, and willingness of a bond issuer to make timely debt service payments. 10. Budget – A plan of financial operation embodying an estimate of proposed revenues and expenditures for a given period and the proposed means of financing them. A budget may be “preliminary” (the financial plan presented to the town meeting), or “final” (the plan approved by that body). The budget should be separated into basic units, either by department, program, or service. Formatting the budget in this way helps local officials and citizens make policy decisions when allocating scarce resources. It is September 2021 21 also important to include as much information as possible concerning the output or accomplishments expected of a given program or department during the year. 11. Capital Improvements Program – A comprehensive plan for planning a community’s capital expenditures. It coordinates community planning, fiscal capacity and physical development. While all of the community’s needs should be identified in the program, there is a set of criteria that prioritizes the expenditures. The capital program is a plan for capital expenditures that usually extends at least five years beyond the capital budget. 12. Capital Outlay Expenditure Exclusion – A vote by a community at an election to exclude payments for a capital project from the levy limit. The exclusion may temporarily increase the levy above the levy ceiling. 13. Conservation Fund – This fund may be expended for lawful conservation purposes as described in MGL Ch. 40 Sec. 8C. It may also be expended for damages related to the taking of land by eminent domain provided that such taking has first been approved by two-thirds vote of town meeting. 14. Contingent Appropriation – An appropriation that authorizes spending for a particular purpose upon the occurrence of a later event. The grant of spending authority made by an appropriation must be certain at the time of the vote and, therefore, contingent appropriations are not generally permissible. Under MGL Ch. 59 Sec. 21C(m), however, towns may make appropriations from the tax levy, available funds or borrowing, contingent upon the subsequent passage of a Proposition 2-½ override or exclusion question for the same purpose. 15. Debt Authorization – Formal approval by a two-thirds vote of town meeting to incur debt, in accordance with procedures stated in MGL Ch. 44. 16. Debt Exclusion – A vote by a municipality at an election to exclude debt service payments for a particular capital project form the levy limit. The amount necessary to cover the annual debt service payment is added to the levy limit for the life of the debt only. A debt exclusion may temporarily increase the levy above the levy ceiling. 17. Debt Limit – The maximum amount of debt that a municipality may have authorized for qualified purposes under state law. 18. Debt Service – The cost usually stated in annual terms, of the principal repayment and interest of any particular issue. 19. Deficit – The excess of expenditures over revenues during an accounting period. Also refers to the excess of the liabilities of a fund over its assets. 20. Eminent Domain – The power of a government to take property for public purposes provided that fair compensation is paid to the owner. This method is frequently used to obtain real property that cannot be purchased from owners by means of a voluntary transaction. 21. Enterprise Fund - Those funds which are established for specific uses under MGL Ch. 44 Sec. 53F1/2 that require an annual appropriation to operate (i.e., Brewster Water Department). Enterprise fund revenue streams are segregated from the general fund into a separate fund and available as a separate financing source for services that generate, or for purposes supported by, those revenues. These include the revenues of enterprise funds established for services typically financed and delivered in a manner similar to private enterprises for the purpose of accounting for all costs, direct or indirect, of providing the services. 22. Excess Levy Capacity – The difference between the levy limit and the amount of real and personal property taxes actually levied in a given year. Annually, the Board of Selectmen must be informed of excess levy capacity and their acknowledgment must be submitted to the Department of Revenue when setting the tax rate. 23. Fiscal Year – Since 1974, the Commonwealth and municipalities have operated on a budget cycle that begins July 1 and ends June 30. The designation of the fiscal year is that of the calendar year in which the September 2021 22 fiscal year ends. For example, the 2000 fiscal year is July 1, 1999 to June 30, 2000, and is usually written as FY2000. Since 1976, the federal government has had a fiscal year that begins October 1 and ends September 30. 24. Free Cash – Unrestricted funds from operations of the previous fiscal year that are certified by the Director of Accounts as available for appropriation. Remaining funds include unexpended free cash from the previous year, receipts in excess of estimates shown on the tax recapitulation sheet, and unspent amounts in budget line-items. Unpaid property taxes and certain deficits reduce the amount that can be certified as free cash. The calculation of free cash is based upon the balance sheet as of June 30, which is submitted by the Town Accountant. A community should maintain a free cash balance to provide a hedge against unforeseen expenditures and to ensure there will be an adequate reserve to prevent sharp fluctuations in the tax rate. Maintenance of an adequate free cash level is not a luxury but a necessary component of sound local fiscal management. Credit rating agencies and other members of the financial community expect municipalities to maintain free cash reserves and make judgments regarding a community’s fiscal stability, in part, on the basis of free cash. 25. Fund – An accounting entity with a self-balancing set of accounts that are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with specific regulations, restrictions, or limitations. 26. Fund Accounting – Organizing the financial records of a municipality into multiple funds. A fund is a distinct entity within the municipal government in which financial resources and activity (assets, liabilities, fund balances, revenues and expenditures) are accounted for independently in accordance with specific regulations, restrictions and limitations. Examples of funds include the general fund and enterprise funds. 27. General Fund – The fund used to account for most financial resources and activities governed by the normal town meeting appropriation process. 28. General Obligation Bonds – Bonds issued by a municipality that are backed by the full faith and credit of its taxing authority. 29. Interest – Compensation paid or to be paid for the use of money, including amounts payable at periodic intervals or discounted at the time a loan is made. 30. Interest Rate – The interest payable, expressed as a percentage of the principal available, for use during a specified period of time. It is always expressed in annual terms. 31. Levy – The amount a community raises through the property tax. The levy can be any amount up to the levy limit. 32. Levy Ceiling – The maximum levy assessed on real and personal property may not exceed 2 ½ percent of the total full and fair cash value of all taxable property (MGL Ch. 59 Sec. 21C). Property taxes levied may exceed this limit only if the community passes a capital exclusion, a debt exclusion, or a special exclusion. 33. Levy Limit – The maximum amount a community can levy in a given year. The limit can grow each year by 2 ½ percent of the prior year’s levy limit plus new growth and any overrides. The levy limit can exceed the levy ceiling only if the community passes a capital expenditure exclusion, debt exclusion, or special exclusion. 34. Municipal(s) – Municipal refers to any state or subordinate governmental unit. “Municipals” (i.e., municipal bonds) include not only the bonds of all local subdivisions, such as cities, towns, school districts, special districts, but also bonds of the state and agencies of the state. 35. Municipal Revenue Growth Factor (Mrgf) – An estimate of the percentage change in a municipality’s revenue growth for a fiscal year. It represents the combined percentage increase in the following revenue components; automatic 2 ½ percent increase in the levy limit, estimated new growth, the change in selected unrestricted state aid categories, and the change in selected unrestricted local receipts (Education Reform Act of 1993). September 2021 23 36. New Growth – The taxing capacity added by new construction and other increases in the property tax base. New growth is calculated by multiplying all increases in value which are not the result of revaluation by the tax rate of the previous fiscal year, for example, FY2020 new growth is determined by multiplying the value on January 1, 2019 by the FY2019 tax rate. Assessors must submit documentation of new growth to the BLA annually before setting the tax rate. Documentation should be retained for five years in the event of a BLA audit. 37. Override – A vote by a community at an election to permanently increase the levy limit. An override vote may increase the levy limit no higher than the levy ceiling. The override question on the election ballot must state a purpose for the override and the dollar amount. 38. Override Capacity – The difference between a community’s levy ceiling and its levy limit. It is the maximum amount by which a community may override its levy limit. 39. Proposition 2 ½ – MGL Ch. 59 Sec. 21C was enacted in 1980 and limits the amount of revenue a city or town may raise from local property taxes each year. This amount is the community’s annual levy limit. The law allows the levy limit to increase each year by 2.5% plus any new growth revenue derived from taxes from new construction and alterations. This amount may not exceed the community’s levy ceiling. Proposition 2 ½ also established two types of voter approved increases in local taxing authority – overrides and exclusions. 40. Reserve Fund – An amount set aside annually within the budget of a city (not to exceed 3% of the tax levy for the preceding year) or town (not to exceed 5% of the tax levy for the preceding year) to provide a funding source for extraordinary or unforeseen expenditures. In a town, the Finance Committee can authorize transfers from this fund for “extraordinary or unforeseen” expenditures. Other uses of the fund require budgetary transfers by town meeting. 41. Revenue Anticipation Borrowing – Cities, towns and districts may issue temporary notes in anticipation of taxes (TAN’s) or other revenue (RAN’s). The amount of this type of borrowing is limited to the total of the prior year’s tax levy, the net amount collected in motor vehicle and trailer excise in the prior year and payments made by the Commonwealth in lieu of taxes in the prior year. According to MGL Ch. 44 Sec. 4, cities, towns, and districts may borrow for up to one year in anticipation of such revenue. 42. Revenue Anticipation Note (RAN) – A short-term loan issued to be paid off by revenues, such as tax collections and state aid. RANs are full faith and credit obligations. 43. Revenue Bond – A bond payable from and secured solely by specific revenues and thereby not a full faith and credit obligation. 44. Stabilization Fund – A fund designed to accumulate amounts for capital and other future spending purposes, although it may be appropriated for any lawful purpose. Communities may appropriate into this fund in any year an amount and any interest shall be added to and become a part of the fund. A two- thirds vote of town meeting is required to appropriate money from the Stabilization Fund. 45. Tax Rate – The amount of property tax stated in terms of a unit of the municipal tax base; for example, $9.50 per $1,000 of assessed valuation of taxable real and personal property. 46. Underride – A vote by a community to permanently decrease the tax levy limit. As such, it is the exact opposite of an override. 47. Warrant – An authorization for an action. For example, a town meeting warrant establishes the matters that may be acted upon by that town meeting. A treasury warrant authorizes the treasurer to pay specific bills. The assessors’ warrant authorizes the tax collector to collect taxes in the amount and from the persons listed, respectively. September 2021 24  Finance Committee Minutes August 18, 2021 Page 1 of 4 TOWN OF BREWSTER FINANCE COMMITTEE Date: August 18, 2021 Time: 6:00 PM VIRTUAL MEETING MINUTES Present: Chair Pete Dahl, Vice Chair Frank Bridges, Honey Pivirotto, Bob Young, Alex Hopper Also present: Mimi Bernardo, Finance Director; Peter Lombardi, Town Administrator Absent: Clerk Bill Meehan, Robert Tobias, Andy Evans, Bill Henchy The Chair called the meeting to order at 6:00 pm and announced a quorum. This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brerwster-ma.gov), or Video recording (tv.brewster-ma.gov). 1.Public Announcements and Comment- none 2.Town Administrator/Finance Director Report Peter Lombardi said the regular Fall town meeting has been scheduled for November 15, 2021. We are planning to hold that indoors. There are a lot of variables to consider over the next few months. We have a number of articles including 3-4 funding requests for CPC, a handful of Zoning Amendments, Capital requests, one union article, a couple of other outstanding union agreements – a good number of articles planned. The deadline for that warrant to go to print is the 3rd week of October. The very latest we would be looking for Finance Committee votes would be October 13th. We did get notification today from the State that our Free Cash has been certified at $4.5M. We will be giving you a detailed breakdown with the greatest outlier being our short-term rental revenues which came in at over $1M - almost $1M in excess revenues we hadn’t been counting on. We will get into more detail at your next meeting. It ties into our later conversation around the Sea Camps and our later conversation around covering some of the acquisition cost associated with the Long Pond parcel, to avoid issuing debt for that acquisition. This is the earliest we have had Free Cash certified. 3.Special Town Meeting – Sept 25 - Update Peter Lombardi said the Sea Camps Acquisitions scheduled a special town meeting on September 25th at 10am, check-in starting at 9am. It will be held on Stony Brook Field where a tent will be set up. It will look as it has over the last few meetings in terms of overall format. This is only for the Sea Camps Acquisitions. Three Articles – one for the acquisition of the Long Pond parcel, one for the acquisition of the Bay parcel, and one to Approved: VOTE: Finance Committee Minutes August 18, 2021 Page 2 of 4 appropriate $200,000 of Free Cash for Operating Expenses. If inclement weather, the rain date is the next day on Sunday, 1pm start time, 12pm check-in. The Select Board has also scheduled a local election for the two debt exclusion questions being held on Tuesday, October 5th at the Brewster Ladies Library from 7am-8pm. There is expanded mail-in voting, those signed up will automatically get a ballot mailed to them. There is still time to sign up at the Town Clerk’s Office. We recognize the relatively quick turnaround for everyone. We are really trying to get the info out to the residents. There is a deadline of just over two weeks to get the warrant book to the printer – Friday, September 3rd. If not in the Warrant Book, we could include links on the webpage to the Finance Committee vote once that happens. Pete said that if it’s important for the Committee to have it printed in the book, there are two possible dates to have meetings for 8/25 and 9/1 to discuss and consider their recommendations. He thinks with that date in mind, we can schedule both meetings and see where we go from there. Frank likes the idea for both dates and feels strongly that the Finance Committee has their vote in the Warrant Book. Alex, Bob, and Honey agreed. Pete asked if there were any specific info we need before the next meeting. Honey said she is hearing feedback that if we go Eminent Domain that it is likely to be appealed in court and sit for years there. Is this something that will happen? Peter Lombardi said that the goal has always been to seek a negotiation and sale. We did submit a bid – we gave the bid amounts which are exactly in line with the appraisal valuations of the properties - $4.2M for the Long Pond parcel, and $15.215M for the Bay parcel, continuing to communicate with the brokers throughout. We know there are other bids under consideration. The warrant language is standard warrant language for purchases of land – either purchasing, acquiring by gift or by acquiring by Eminent Domain. If we aren’t able to come to a negotiated sale, the Select Board would initiate the taking process and provide what we deem to be fair compensation for those parcels. If the current owners feel that doesn’t meet their expectation, they do have the right to appeal that through the court system up to 3 years after the Town has initiated the taking process. This could ultimately end up in a jury vote. The decision would be informed by our analysis and by the fact they have recently received other bids. We have a sense of what the initial risks would be. If that process gets all way to finish line, and approved at local ballot, we have opportunity to go to back to Town Meeting and say it’s x amount more than what was already appropriated for both properties. Then Town Meeting would vote again, and we would have another debt exclusion. We are fully aware that there are some risks involved but feel fairly confident in the work that we have done. Each circumstance when the Town has used Eminent Domain has been unique. Oftentimes, they are so called “friendly” taking, other times, they have not been. We have two parcels very well-defined; we have done the title research; they are not currently in operation; we know the ownership structure here. Some of the other takings, there were defects in Titles, there were owners who could claim damages, etc. On these acquisitions, that is rather limited. Honey said worst case scenario then would be incurring the cost of legal fees, possibly other specialists, etc. What, if any, estimate would you have in this case? Peter Lombardi said the team they’ve been working with has very extensive similar experience, we think several years, five is probably longer than anticipated. And there would be costs associated with that. Frank said Honey’s question is where he has been thinking as well. In the taking process, if the town Select Board is empowered to exercise Eminent Domain, does the Title shift to the Town? Peter answered it does. Frank asked that within 3 years, the prior owners have the ability to sue. Do we need to hold off on doing anything with that property in the meantime? Peter Lombardi said we are not limited in using it for public access during that time. Finance Committee Minutes August 18, 2021 Page 3 of 4 Bob would say this would be a taking because it is an unbelievable public good. He has given this a lot of thought, he could spend months on this, but first and foremost, he 100% supports the acquisition of both parcels and recognizes this will put a further burden on the taxpayer. He thinks transparency of the total cost is absolutely imperative. The $88,000 in taxes paid by the Sea Camps would be a “give-up,” but the other part is what is the potential for the taxes were it to be developed to its highest and best use, what would the tax revenue be in that instance? There are potential other costs beyond the short-term in how the property is managed, maintained, operated, etc. How do we generate revenue to get them to self-sustainability as opposed to continuing to put burden on the same tax base? He is a bit concerned about the laser focus on this and only this, we do need to draw back a bit and think about the bigger longer-term picture. We need to look through the other larger projects coming down the line and what are the other inevitable unknown unknowns, such as the example of the Sea Camps opportunity. We need to make sure we maintain financial flexibility. Can we expand the tax base? Can we consider other initiatives that can provide capital to the Town to help pay for this? He went on to say the study of the two elementary schools, with the potential of combining the two schools and then creating a community center there – it seems to him that the community center could be moved with the potential acquisition of the Sea Camps; could it be sold? Could the land be developed? Could the building be changed into some form of affordable housing, etc? Bob is suggesting widening the lens and thinking about the implications of all these projects on the taxpayer. He is as excited as everyone about acquiring these properties, he is just trying to broaden the dialogue, there is a lot going on we need to get our arms around. Bob’s specific question is around the potential future revenue from development to highest and best use. Peter Lombardi said our appraisals are privileged which will remain so until and unless we either acquire the property or initiate the Eminent Domain process. It includes analysis of what the highest and best use may be with projections of loss, development, revenues, etc. We know developers have submitted bids. We don’t know what they look like. We have a sense of what is included in some of those, but no level of detail. Depending on what development would take place, there are many scenarios. In the Capital Plan, there are two top priorities. One is the Community Center and the other is the Ladies Library renovation. When you go back to the Capital Plan, the library renovation is a significant cost. However, with the State Grant, pledge from the Library Board, and other financing sources, the initial plan is borrowing $1.5M using some Capital Stabilization Funds, and some CPC Funds - that is not an insurmountable impact on the Brewster Taxpayer. We aren’t just laser focused on the Sea Camps. We recognize there are a lot of other considerations that can have significant impacts on the residents in terms of services and costs. Pete said the plan is to meet on the 25th, and hopefully we will have the full committee then to discuss these important items. 4. Progress report of Cape Cod Sea Camp No further discussion from the last Agenda Item. 5.Policies and Procedures Update (Standing Item) - none 6.Discussion – Nauset Regional Public Schools, Budget, and Finance issues – none 7.Liaison Assignments/Reports Pete said he sent out a notice and will send another notice out. If there are any thoughts on this and what would be of interest to others, please let him know. Finance Committee Minutes August 18, 2021 Page 4 of 4 8. Review and Approval of Minutes - 7/14/21 - defer 9. Request for agenda items for future meetings – please email Pete Bob has two requests – the first is the 5 year revaluation process and results; and the second is the compensation study - where it came out and where it’s leading? Peter Lombardi said Jim Gallagher was having a meeting in the next couple of weeks to finalize valuations and bring forth the recommendations for the Tax Classification Hearing. That Hearing will be on September 13th. He can see if Jim’s available for the next FinCom Meeting after that to let us know where we ended up. We just got word regarding the median value for homes which went from $461,500 last year to $532,000 this year. The consultant completed the compensation and classification study and presented to the Select Board last week. We will be meeting in Executive Session to discuss negotiations. We can provide a copy of the report itself and talk about findings, etc. Pete said we would take note of those two items and see where we can work them in. There will be impacts on next year’s budget as well. 10. Matters Not Reasonably Anticipated by the Chair- none 11. Next Finance Committee Meeting – August 25th and September 1st 12. Adjournment Frank Bridges MOVED to adjourn the meeting at 6:56 PM. Bob Young second. Roll Call Vote: Frank Bridges – yes, Bob Young – yes, Honey Pivirotto – yes, Alex Hopper – yes, Chair Pete Dahl– yes. The Committee voted: 5-yes 0-no Respectfully submitted, Beth Devine Finance Committee Minutes August 25, 2021 Page 1 of 4 TOWN OF BREWSTER FINANCE COMMITTEE Date: August 25, 2021 Time: 6:00 PM VIRTUAL MEETING MINUTES Present: Chair Pete Dahl, Vice Chair Frank Bridges, Clerk Bill Meehan, Honey Pivirotto, Bob Young, Robert Tobias, William Henchy Also present: Mimi Bernardo, Finance Director; Peter Lombardi, Town Administrator; Dave Whitney, Select Board; Donna Kalinick, Assistant Town Administrator Absent: Andy Evans, Alex Hopper The Chair called the meeting to order at 6:01 pm and announced a quorum. This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021. No in-person meeting attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on the Town website as soon as possible. The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brerwster-ma.gov), or Video recording (tv.brewster-ma.gov). 1.Public Announcements and Comment- none Bill Henchy introduced himself briefly and the Committee went around and introduced themselves as well. 2.Town Administrator/Finance Director Report – nothing new to report Peter Lombardi said he would jump right into the Cape Cod Sea Camps information, no new information since last Wednesday’s meeting. The Select Board voted unanimously on Monday night so their votes are now on the record. 3.Progress report of Cape Cod Sea Camps Pete said he wanted to go around the room and ask for everyone’s questions and input on this purchase recommendation from the Finance Committee. Frank said he was predisposed to approve this project. However, he has two concerns – the level of debt Brewster will hold is going to be very high. Our debt levels are going to be multiples of any debt this town has ever had at the end of the day. That being said, he has been getting up to speed on eminent domain and his first question is, as part of the process, he needs to understand when the taking actually results in the town having to fund the purchase. What is the process? Is the purchase price escrowed? How does it effect the balance sheet of the town? Peter Lombardi answered the Town Meeting vote authorized the Select Board to adopt the order of taking. If those are approved in the Town Meeting and the subsequent debt exclusions are approved at the local election, the town has the authorization and funds available for the Select Board to undertake the “taking.” Approved: VOTE: Finance Committee Minutes August 25, 2021 Page 2 of 4 There isn’t a statutory timeline, but at a certain point, the town will take the property. The current owners are required to be justly compensated for their property. The town has conducted appraisals for both properties. The appraiser that was hired was also supplemented with further analysis by land use experts, so those amounts would be provided as compensation when those orders are recorded. Frank said the order is filed, we become the titled owner of the property, the town is responsible for paying the prior property owner, at that point, we have the debt, and we have to service it. We are exposed to the possibility of the property owner appealing the process. Peter Lombardi said one is for just compensation and around the actual purpose of the take. They could potentially assert the town did not take the property for public purposes. They have up to three years to file that appeal. Then that process could take between 2-3 years generally from start to finish if it were to go to a jury trial. Our goal throughout has been a negotiated sale for both the town and the current owner. Honey wanted to know about worst case scenario, for time and cost. She said that the town’s law firm is well versed in handling these proceedings throughout MA. She also wants to know if we have made any commitments to any organizations that have wanted to partner with us formally. Peter Lombardi answered – up to 5-6 years depending on how long they wait to file their appeal. Our town counsel is the largest municipal law firm in the Commonwealth – their ballpark worst-case costs for all legal expenses would be up to $200,000 if that process were to play out to the end. How do we meet the criteria for eminent domain action – when look at the warrant articles, it looks at the town for using the property for habitat protection, watershed protection, open space, conservation or passive recreation, active recreation, community housing, and/or municipal purposes. Any one of those and all of those are public purpose. Lastly, in terms of partnerships, the Brewster Conservation Trust has offered to hold the conservation restriction for the property which they have done with other acquisitions for conservation land. The thought is that it would be comparable to other land around the Camps. It would be held for most of the property. MA Audubon pledged $1M to assist with the acquisition of the property. They are looking to host some form of educational programming on the Long Pond property. We are looking at how that would be structured. Bill Henchy said what the Select Board has done does a great service to the town, and he is very much in favor. He feels KP Law is extraordinarily competent. He served on the MA Audubon Board for many years and knows they don’t give their money away. As he reads the Articles, they authorize the Select Board to grant conservation restrictions on the property on terms the Select Board may determine. He is not sure you can grant any rights under that provision to MA Audubon or even the Conservation Trust. Did you run by Town Counsel to what extent the Select Board could grant any rights under that language? When you do come to a deal with the rights being granted, should they then go back to Town Meeting? Peter Lombardi answered for MA Audubon for the $1M for Long Pond, they are seeking to jointly hold the conservation restriction and they are looking for some affirmative rights to host educational programming on the property. We are still working with their counsel and ours on what that might look like. They believe there is a vehicle to do that in the conservation restriction. Bill Meehan said this opportunity is truly transformative – he is an enthusiastic supporter. He sees that starting in 2024, we slightly more than triple the outstanding principal of our debt. That is scary to him. In looking at the known future capital requirements of the town - will they suffer in taking on this debt. Peter Lombardi said that it will definitely affect them. The High School project debt will come online within FY24. These acquisitions, the debt exclusion impact on the Bay Parcel is about 1/3 overall in terms of the cost. When you look out on the horizon you have the 5-year Capital Plan and the overwhelming majority of that is funded in Free Cash. We don’t anticipate that changing going forward. Typically, we have used the $1.75M to fund Capital needs, and we think that is sustainable going forward. The one other significant Capital need is the Library Reno Project, even with an escalator, that is a little over $12M. We do have significant contributions for that from the State and the Women’s Library Association and some combination of Capital Stabilization, Free Cash, CPA Funds Finance Committee Minutes August 25, 2021 Page 3 of 4 and at least in last year’s plan, we had anticipated issuing $1.5M in debt for that project. That is the one looming larger Capital Project that could be added to the tax rate that we see in the next five years. Pete was trying to think in terms of other towns in the Commonwealth and wondered if this amount of debt is within the limits of that cohort group. Peter Lombardi said our current debt load right now is very low and at the bottom range of what you would see for a municipality of our size. We currently have provided a high level of services at a very low cost in terms of debt. Frank wanted to know if there is some point where we will know what the other bids for the properties are. Why does the inland property appraise so much higher over its assessed value over the bay property? He needs to know when we are going to find out whether we are in the right ballpark or not. Peter Lombardi answered that he would guess that would likely be during the appeal process if the current owners would put those forth to provide data on why they feel the bid was not up to the correct fair level. Those bids would be heavily conditioned on permitting approval. Taking those into account, the Select Board was very diligent in their analysis in their valuations for both properties. Frank would really like to see the appraisals to understand better what is being offered. Honey feels that right now we aren’t going to have those answers. She is confident that there has been careful, thoughtful due diligence, and feels it is up to us to decide on whether to support this project or not. She is concerned and thinks it would be a huge loss for this town to pass on this opportunity to acquire both properties for future generations. She supports the acquisition. Bob agrees with everything that has been said and was pleased to hear that the Select Board, as part of the Master Plan, will look at all properties, not just this property, which is key as we think about longer term how to manage that debt load and there are opportunities to not only reduce the debt but also achieve other goals of the long term vision plan including things like community housing that can happen by looking at the Master Plan including those other properties. Pete agreed as well - it is a large undertaking; he commends the Select Board and Town Administration for the direction this is taking us; these kinds of acquisitions are about who we are as a community - it’s about open spaces and access. 4. Special Town Meeting – Sept 25 – Update - none 5.Discussion and Votes on Sept 25, 2021 Special Town Meeting Warrant Articles No further discussion from above agenda item. Bill Meehan MOVED to approve under Article 1, the Town acquiring 500 WH Bessey Cartway as presented. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bill Henchy – yes, Bob Young – yes, Honey Pivirotto – yes, Robert Tobias – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no Bill Meehan MOVED to approve under Article 2, the Town acquiring 3057 Main Street as presented. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bill Henchy – yes, Bob Young – yes, Honey Pivirotto – yes, Robert Tobias – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no Finance Committee Minutes August 25, 2021 Page 4 of 4 Bill Meehan MOVED to approve under Article 3, maintenance, and upkeep of the properties as presented. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bill Henchy – yes, Bob Young – yes, Honey Pivirotto – yes, Robert Tobias – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no 6.Liaison Assignments/Reports - none 7. Review and Approval of Minutes - 7/14/21 Bill Meehan MOVED to approve the 7/14/21 Minutes as presented. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Robert Tobias – yes, Bill Henchy – abstain, Chair Pete Dahl– yes. The Committee voted: 6-yes 0-no 1-abstain Bill Henchy abstained as he was not on the Committee as of 7/14/21 8. Request for agenda items for future meetings – please email Pete 9. Matters Not Reasonably Anticipated by the Chair- none 10. Next Finance Committee Meeting – September 15, 2021 11. Adjournment Bill Meehan MOVED to adjourn the meeting at 7:59 PM. Frank Bridges second. Roll Call Vote: Frank Bridges – yes, Bill Meehan – yes, Bob Young – yes, Honey Pivirotto – yes, Robert Tobias – yes, Bill Henchy – yes, Chair Pete Dahl– yes. The Committee voted: 7-yes 0-no Respectfully submitted, Beth Devine Packet of supporting materials on the website for public review. STATEMENT BY THE TOWN OF BREWSTER FINANCE COMMITTEE CAPE COD SEA CAMPS PURCHASE The Brewster Finance Committee has voted unanimously to support the Articles submitted by the Brewster Select Board for the Special Town Meeting to be held on September 25, 2021. These Articles, if adopted by the Town Meeting, will authorize the Select Board to acquire, on behalf of the Town of Brewster, two large parcels of land currently owned by the Cape Cod Sea Camps. The Select Board and the Town Administrator have publicly pledged that any future uses of the land, if acquired, will be the subject of a Master Planning process that will involve the acquired parcels, and adjacent already owned Town land. The Select Board have also pledged that before any future uses of the Sea Camps land are allowed, that the results of the Master Planning Process will be submitted to Town Meeting for future approval. The Finance Committee supports this process. Recently, a private party, stating that they would acquire the Sea Camps property and preserve it at no costs to the taxpayers, has publicly advocated that the Town Meeting and the voters vote “no” on the Sea Camps articles on September 25, 2021. The purpose of these statements is to dissuade the voters from the proposed Town acquisition, thus clearing the path for private sale. The Town has negotiated an agreement with the Sea Camps owner for public sale, subject to the approval of the voters. This late private campaign seeks to undo and thwart that effort, and to interfere with that contract. The efforts by a private party are at odds with the very reason the Town has pursued the preservation of the Sea Camps property—to ensure that it remains open, for public use, for all future generations. There is no guarantee that the private party, if the Town votes no on the acquisition, will acquire the land. The only party with whom the owners of the Sea Camps has made such an agreement is the Town. Unlike the Town’s promises, which are legally binding by Town Meeting vote, this private party is not bound to honor any promises made during its campaign to thwart public acquisition of the Sea Camps, nor is there any guarantee that if the Town’s efforts are thwarted, that this party will end up as a purchaser. Many landowners would view interference with an agreement made with a willing buyer such as the Town as a reason not to entertain a sale to such a party if the efforts to undo that contract were successful. The end result of this private party’s efforts could well result in a renewed bidding process for the Sea Camps property, with the Town having foregone any ability to participate. The Finance Committee continues to urge the voters to vote “Yes” on the Articles proposed for the September 25, 2021 Town Meeting, and to disregard this late effort to un-do the Town’s efforts to secure the property for public use. Brewster Community Housing: An Overview of Brewster’s Housing Initiatives AUGUST 31, 2021 JILL SCALISE, BREWSTER HOUSING COORDINATOR Brewster’s Housing Context Brewster Housing Stock: 45% owner occupied, 8% renter occupied, 44% seasonal/ vacant (Pre-2020 Census numbers) (MA Housing Stock: 56% owner occupied, 34% renter occupied, 4% seasonal/ vacant) 2019 Median Value of Brewster Home- $442,000 2019 Median Household Income-$75,321 (American Community Survey) 2020 Median Brewster Home Sales Price- $470,000 (Cape & Islands Assn. of Realtors) 2021 Median Brewster Home Sales Price YTD for Single Family homes= $675,000 (Cape & Islands Assn. of Realtors) for Condominiums = $364,500 Affordable Housing: Affordable units on the Subsidized Housing Inventory (SHI) – 268 units 5.58% of year-round housing, MA mandates 10% affordable of year-round housing stock. Brewster Housing Authority- 56 apartments, state subsidized housing, 2+ year wait list Wells Court- 24 apartments, senior housing, 2+ year wait list King’s Landing- 108 apartments, 5+ year wait list The Brewster Housing Program is guided by the: HOUSING PRODUCTION PLAN 2017 BREWSTER VISION PLAN 2018 Brewster Vision Plan Housing Goals Provide more affordable, safe and accessible rental and home ownership housing options at different price points, particularly for single people, young families and our older population. Achieve the state’s 10% affordable goal by 2025 1. Promote housing choices to allow families to live, work and prosper 2. Provide opportunities to address the varied housing needs of Brewster’s aging population 3. Address the housing needs of the Town’s year-round & seasonal work force Housing Production Plan Goals Year-round rental housing Year-round rental housing PartnershipsPartnerships Seniors & people with disabilities Seniors & people with disabilities Increase local capacity Increase local capacity Variety of housing choices Variety of housing choices Housing rehabilitation assistance Housing rehabilitation assistance 10% statutory minimum 10% statutory minimum WHAT DOES THIS LOOK LIKE? Create Preserve Support Fund Collaborate Create Habitat for Humanity of Cape Cod Paul Hush Way – 14 affordable homes Brewster Woods (Rental) 30 apartments: affordable 1, 2 & 3 bedroom Housing Authority property, RFP & lease Received Comprehensive Permit April 2018 Funding: Low Income Housing Tax Credits (LIHTC) & $550,000 in CPA funding approved May 2017 MassWorks Grant, received 1.68 million dollars, 2019 $250,000 HOME funds approved in 2020 Presently under construction Expected opening Summer 2022 70% local preference Preservation of Affordable Housing (POAH) & Housing Assistance Corporation (HAC) Serenity Brewster Redevelopment of empty site to 132 units of age 55+ rental housing Assisted living & nursing home closed in 2019. Elevation Financial Group, a private company, is redeveloping the property & working with Town. Received a Use Variance from ZBA in 2020 Phase 1: First 41 studio apartments opened in July 2021. Phase 2: 91 apartments. A mix of studio & 1- bedroom units expected to open in Spring 2022. 27 affordable apartments. 20% of all units. Local Action Unit (LAU) application in process for affordable rental units. Habitat for Humanity Red Top Road Land donated by resident 2 homes Local Initiative Program (LIP) CPA Funding- $100,000 Comprehensive Permit Application Zoning Board of Appeals (ZBA) Public Hearing 9.14.21 Millstone Community Housing 16+ acres of Town owned land designated for community housing. In 2018, CPA funds were used to purchase access parcel. Oversight of process by the Affordable Housing Trust. The Affordable Housing Trust is drafting a Request for Proposals (RFP)with Mass Housing Partnership’s (MHP) assistance Feasibility Report (grant from MHP) Outreach (Including information sessions & online surveys) Additional Watershed Study based on abutter concerns Meeting with Select Board and Trust to approve RFP 9.09.21, then will go out to bid. Affordable rental apartments, up to 90 bedrooms total. Accessory Dwelling Units (ADU) & Accessory Apartments New ADU and Accessory Commercial Dwelling Unit (ACDU) bylaws were approved at Town Meeting in Fall 2018. ADUs allowed by right, special permit needed if in water protection district or lot is under 30,000’. ADUS must meet several requirements in the bylaw including year long lease and owner occupation of one of the housing units. Building Dept., Planning Dept., Housing & ZBA work together on implementation. Building Dept. handout describes process for residents, available online. At least 16 Accessory, ADUs or ACDUs have been approved or permitted since March 2019. Preserve Housing Rehabilitation $1.3 Million Regional Community Development Block Grant (CDBG) FY20 Dennis, Brewster & Wellfleet Up to 80% Area Median Income (AMI) Childcare vouchers also available Brewster is the lead grant community for FY21 grant application Subsidized Housing Inventory (SHI) Homes Affordable Housing Trust initiative to preserve SHI homes Community Preservation Act (CPA) funding of $500,000 Goal: Keep homes on SHI and return several SHI homes that are uninhabited to occupied, rehabilitated, deed compliant status. This is a slow, involved, legal process. Brewster Affordable Home Buyers Buy-down Program Provides up to $30,000 to purchase an affordable home, requires an ongoing affordable deed restriction. Funded thanks to the Community Preservation Act (CPA) Fund Funding Streams Short-term Rental Revenue & Town Funds The Select Board approved a policy in 2021: 50% of anticipated short-term rental revenue designated for Affordable Housing Trust. Free Cash designations to Housing Trust CPA Housing Grants Housing Coordinator Housing Trust Rental Assistance Program SHI preservation Purchase of access parcel to Millstone road Brewster Woods, Habitat Buy Down Program 2021 Application for Housing Production Plan Update 2021 Application for Latham Centers housing Additional •CDBG funds like Housing Rehabilitation & Childcare State grants like MassWorks HOME Consortium Funding Mass Housing Partnership grants for technical assistance Partnerships Support Brewster Rental Assistance Program Up to $500/ month ongoing assistance or up to $6,000 emergency Covid assistance HAC is managing agent Universal application for all available funding. Online application Housing Trust initiative, funded by CPA Extended for 2 years Brewster COVID Relief Fund THIS FUND PROVIDES UP TO $1,000 FOR HOUSEHOLDS IMPACTED BY A COVID RELATED LOSS OF INCOME OR INCREASE OF EXPENSES. INCOME LIMITS APPLY. APPLICATION AT: HTTPS://WWW.BREWSTER-MA.GOV/FILES/COVIDRELIEFAPP.PDF. Resident Support Office hours: Thursdays 10AM- Noon Help connect residents with available resources and assistance Guide affordable homeowners through refinance and resale requirements Provide information about housing programs and opportunities Fair Housing Collaborate Town, Lower Cape & Community Partnerships Town Entities Town Hall: Housing Office, Administration, Building and Planning Department Community Preservation Committee Council on Aging Housing Authority Housing Partnership Housing Trust Select Board, Planning Board, ZBA, & Finance Committee Brewster & Lower Cape (Outreach) Brewster Community Network (BCN) Brewster Housing Coalition Chamber of Commerce Conservation Trust, Ponds Coalition Faith Community Local Non-profits Lower Cape Towns Realtors Schools, Parent Teacher Org. (PTO) Community Community Development Partnership (CDP) Elevation Financial Group Habitat for Humanity of Cape Cod Housing Assistance Corporation (HAC) Latham Centers Collaboration Examples Brewster Community Housing Forum Brewster Community Housing Forum Cape Cod Sea Camps Proposal Cape Cod Sea Camps Proposal Cape Housing Institute Cape Housing Institute Housing: Serenity Brewster Brewster Woods Habitat for Humanity Latham Transitional Housing: Serenity Brewster Brewster Woods Habitat for Humanity Latham Transitional Local Preference & Fair Housing Session Local Preference & Fair Housing Session Lower Cape Housing Groups Lower Cape Housing Groups TOGETHER, MAKING A DIFFERENCE FOR OUR COMMUNITY Questions? Jill Scalise, Housing Coordinator jscalise@brewster-ma.gov 508-896-3701 ext. 1169 https://brewster-ma.gov/departments- mainmenu-26/housing-office