HomeMy Public PortalAboutSelect Board -- 2021-09-20 Minutes 11111100101 1
<< SIR �� Town of Brewster' Office of:
o ' o ++* . Select Board
2198 Main Street Town Administrator
(A N Brewster, MA 026314898
Phone : ( 508) 896-3701
Fax : ( 508 ) 896 - 8089
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MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES
DATE : September 20, 2021 �; �, �• S i E
TIME : 5 : 30 PM
PLACE : Remote Participation
REMOTE PARTICIPANTS : Chair Bingham , Selectperson Whitney, Selectperson Chaffee, Selectperson
Hoffmann , Selectperson Chatelain , Town Administrator Peter Lombardi , Assistant Town Administrator Donna
Kalinick, Carole Ridley, Chris Miller
Call to Order & Declaration of a Quorum , Meeting Participation Statement and Recording Statement
Chair Bingham called the meeting to order at 5 : 30pm . A quorum was declared , all Select Board members
present were announced . Chair Bingham read the meeting participation and recording statements .
Executive Sessions To consider the purchase , exchange , lease or value of real property if the chair declares
that an open meeting may have a detrimental effect on the negotiating position of the public body- 3057
Main Street and 500 W H Besse Cartway .
Chair Bingham noted that the Board would be entering into executive session and will be returning to regular
session . Selectperson Chatelain moved to enter Executive Session at 5 : 32pm . Selectperson Whitney second .
A roll call vote was taken . Selectperson Hoffmann -yes, Selectperson Whitney- yes, Selectperson Chaffee -
yes, Selectperson Chatelain -yes, Chair Bingham - yes . The Board vote was 5 -Yes, 0- No .
Selectperson Chatelain moved to return to Regular session at 5 : 57pm . Selectperson Whitney second . A roll
call vote was taken . Selectperson Hoffmann -yes, Selectperson Whitney- yes, Selectperson Chaffee - yes,
Selectperson Chatelain -yes, Chair Bingham - yes . The Board vote was 5 -Yes, 0- No .
Public Announcements and Comments
None
Select Board Announcements and Liaison Reports
Selectperson Hoffmann announced that she attended the Brewster School Committee meeting on
September 16 , 2021, where Dr . Robin Millen , Director of Curriculum for Nauset School District announced
the allocation of Elementary Secondary School Emergency Relief funds which is part of the American Rescue
Plan for Corona Virus relief program . Adding that these funds are to specifically support the safe reopening
and sustaining safe operations of schools while meeting students' academic, social , emotional , and mental
health needs . During this meeting, Dr . Millen announced the Nauset Public Schools will hopefully receive
just shy of $ 2 . 6 million . Brewster' s share of this third funding period is approximately $ 603 , 994, they are in
the process of submitting grants right now . Selectperson Hoffmann shared that these funds can be used for
a variety of uses such as, but not limited to :
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Town. of Brewster' Office of: , ,
_ T 2198 Main Street Select Board
� 3 Town Administrator
Brewster, MA 026314898
for - - Phone : ( 508 ) 896 - 3701
Fax : (508) 896 - 8089
• mediate all impact or lost instructional time,
• continuity support re -engagement for all students,
• priority activates specific to student populations ( low- income families, English learners, students with
disabilities, minorities, and at- risk subgroups like homelessness or foster care ,
• assessment of the impact of Covid pandemic on student learning,
• provide acceleration of learning,
• support attendance monitoring systems,
• mental health
Town Administrator' s Report
Peter Lombardi provided an update on the pandemic; the County positive case rates continue to be elevated
as we work though this fourth wave . When looking town to town , relative to most recent 2-week cycle, the
high rates hold true to almost every town on Cape . Adding that here in Brewster, our positive case totals has
decreased in past couple of weeks, hopefully indicative of a new trend .
Mr . Lombardi noted that the Town submitted a grant application through the State' s Municipal Vulnerability
Preparedness program ( MVP ) ; we were designated as an MVP community a couple of years ago and have
submitted applications a few different times . Mr . Lombardi added that this is a very competitive process,
with many communities across the Commonwealth that have been designated as MVPs . The Town
submitted a regional grant with 5 other Cape towns and were awarded $ 236, 000 in total for these towns to
work with Cape Cod Commission and a consultant ( to be determined ) to identify key flood prone roads in
each community and ultimately develop potential engineering solutions for two of the highest priority
locations in each town . Mr . Lombardi stated that there is a lot of work ahead and there will be opportunities
for residents to give input . This is a helpful exercise for the town to deal with the local impacts of climate
change and the storm considerations we deal with on a regular basis .
Chair Bingham requested an update on the Eversource situation in a future meeting . Mr . Lombardi was able
to provide a brief update . Mr . Lombardi stated the Town has been working to avoid herbicide application
along Eversource powerlines for many years and generally has been successful . This past summer the Town
submitted litigation against the Mass . Department of Agriculture, which is the State governing agency of the
utility vegetation management plan . Mr . Lombardi stated that we think given all the work completed the
State agency has not done their appropriate due diligence in considering and ultimately approving the plans
that are in place that allow Eversource to spray along their rights of way in Brewster . Mr . Lombardi noted
that Eversource did indicate this year that they plan to proceed with the application of herbicide in those
areas , the first time they purposed to do so in five years . Mr . Lombardi stated that the Town sought
injunctive relief in court to cease and desist and ultimately, both of our motions seeking the relief were
denied by the courts . The Town has been in contact with Eversource expressing our concern at the Town
level on behalf of our residents and yet they have still decided to apply herbicide . Adding that it has been on
a more limited basis, but certainly still problematic and has not been for lack of effort on the Town ' s part .
Brewster seems to be leading this effort as we are the only town trying to prevent the spraying .
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9 � . Town. of Brewster' Office of: .
Select Board
2198 Main Street Town Administrator
IA 9 Brewster, MA 026314898
�r w Phone : (508) 896- 3701
' _ Fax : ( 508) 896 " 8089
Consent Agenda
• Meeting Minutes : May 18, 2021, August 6, 2021, August 13 , 2021, and September 3 , 2021
• Facilities Use Application : Drummer Boy Park ( Alzheimer' s Family Support Center ) & Breakwater
Beach ( Our Lady of the Cape Roman Catholic Church )
• Acceptance of Gift : Millsites Committee ; Old Stony Brook Mill , Robert Brooks Original Print
• Updated Election Clerk Appointments
Selectperson Hoffmann would like to abstain from the vote on the minutes of May 18, 2021 .
Selectperson Chatelain moved the consent agenda for September 20 . Selectperson Chaffee second . A roll call
vote was taken . Selectperson Whitney- yes, Selectperson Hoffmann -yes ( with the abstention ) , Selectperson
Chaffee - yes, Selectperson Chatelain -yes, Chair Bingham -yes . The Board vote was 4-Yes, 0 - No, 1 -Abs on
Meeting Minutes of May 18, 2021 , The Board vote was 5 -Yes, 0- No on all other agenda items .
Status Update on Potential Acquisition of Cape Cod Sea Camps Properties
Mr . Lombardi reminded that there is an upcoming Special Town Meeting on Saturday September 25th
starting at 10am , with check- in at gam . Rain date if needed is Sunday, September 26 at fpm with check- in
starting at 12pm . Noting that we will get word out as soon as possible if the date of the meeting must
change due to inclement weather, as there is no tent planned for this Town meeting . Mr . Lombardi noted
that copies of the warrant are available on the town website, in electronic form , and hard copies at Town
Hall , the Brewster Ladies Library, and an insert was in the Cape Codder . Last Monday it was announced that
the Town has achieved a negotiated sale to purchase both Sea Camps properties . Mr . Lombardi reviewed
that a second virtual public forum was held last Friday that summarized key information and take - aways
from the first forum held in August and everything that has happened since , including the agreed upon
purchase price for each property, $ 6 million for the Long Pond parcel and $ 20 Million for the Bay parcel . Also
provided during the forum was information on the updated financing plan and tax implications of these
acquisitions . Mr . Lombardi noted that a lot of this information is available on the Sea Camps project page on
the Town website , including copies of the presentation with a link to the forum .
Chair Bingham stated that our residents need to come Saturday morning and vote, this is the first step, the
ballots come second . Mr . Lombardi replied that this is a two - step process because both properties
acquisitions require debt exclusions; the first step is Town meeting vote that authorizes the acquisitions and
initiates the debt exclusion questions, the next is the vote on October 5th . The clerk' s office mailed out the
mail - in ballots on Friday, for the actual debt exclusion measure . Unrelated to the Town meeting, where
people must be in person to cast their vote .
Selectperson Chaffee mentioned that the Sea Camps project page on the Town website is a great source of
trustworthy, factual information . Noting that as community that needs to make a big decision together, it is
important to make a decision based on the facts . Reminding everyone that social media may not be the best
source to get the best information , if you see or hear something that doesn ' t seem right, please look at the
website or reach out to the Town Administrator' s office or a member of the Select Board so that you can get
accurate information to make a decision next Saturday .
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g� 9� Town of Brewster
Office of:
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2198 Main Street Town elect Administrator
o U Brewster, MA 026314898
Phone : (508 ) 896 - 3701
o Fax : ( 508) 896- 8089
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Presentation
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Presentation on and Discussion of Status Update on Pleasant Bay Watershed Permit- Carole Ridley,
Pleasant Bay Alliance Coordinator
Carole Ridley, coordinator for the Pleasant Bay Alliance , an organization formed by the towns of Brewster,
Orleans , Chatham , and Harwich about 20 years ago to oversee the management program for the Pleasant
Bay system , will be providing a status update . Ms . Ridley acknowledged the contributions that Chris Miller
has provided to this effort along with Mark Nelson who participant in the water shed work group which
meets monthly to address water shed planning related issues . The following are key points that Ms . Ridley
shared during the meeting .
The Pleasant Bay Watershed permit was issued in 2018 and was the first of its kind issued in Massachusetts,
it' s a 20 -year renewable permit structured in 5 -year increments so that changes can be made as we learn
more and studies progress . This permit provides the following benefits :
• Structure and framework for the Towns to receive nitrogen reduction credits from MassDEP .
• MassDEP has agreed to enforcement forbearance as long as the Towns have a watershed permit and
implementing it on schedule
• Priority for State Revolving Funds ( SRF )
® Provides assurance that all watershed communities are meeting required reductions .
The permit establishes nitrogen removal responsibility for each town , the system -wide need is to remove
approximately 17 , 700 kg per year across the board , the Brewster requirement is 2 , 300 kg per year . This
information is based on 2006 Massachusetts Estuaries Project study ( MEP ) . The MEP model has been
updated , that will affect each town to one degree or another . These removals don ' t factor in new load ,
based on existing load at time of the 2006 study .
A slide was shared to show Brewster' s purposed removal schedule in 5 -year increments, noting that
Brewster was able remove 1, 281 kg in the first years due to both golf course and residential fertilizer controls
that were put in place . The subsequent 5 -year increments are to remove 118 kg per year is based on the roll
out of the denitrifying septic system program .
A progress was shared regarding the third annual report which is required by the MassDEP . There was 3 , 566
kg per year removal watershed wide as of the submission of the report in August 2021 , the 5 -year target is
up in August 2023 .
The Pleasant Bay Alliance has provided implementation support to the communities within the Southeast
New England Program ( SNEP ) Watershed Grant, a program of the US EPA administered by an organization
called Restore America ' s Estuaries . One was a study that was spurred by the work completed in Brewster, to
see what it would take to implement a municipal denitrifying septic system program . A Town run program
that would require certain households in certain parts of the watershed to use innovated alternative septic
systems . This study and other SNEP funded programs and studies are available on the alliance' s website
www . pleasantbay . org .
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Select Board
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o Brewster, MA 026314898
VP _ Phone : ( 508) 896-3701
Fax : ( 508) 896 - 8089
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An update of MA Estuaries Project linked model takes into effect changes in hydrodynamics , new water
quality data , changes in the watershed regarding development and increase in load and new data on
sediment regeneration . This update is a tool that provides our communities on better information on which
to base future decisions .
Some funds were available to run scenarios with the updated model , these results were shared , and the
scenarios included :
1 . Town strategies outlined in Targeted Watershed Management Plan ( TWMP ) and Watershed Permit
run through updated model .
2 . Composite of strategies modified by Towns since the Watershed Permit run through updated model .
The findings tell us that there has been an increase in watershed load that appears to be offset by increased
tidal flushing but will not last forever . New attenuation factors in Muddy Creek and Tar Kiln Creek could
influence Harwich and Brewster plans could potentially load removal requirements in Brewster, further
study of impacts is needed . Brewster is on top of use land planning and other measures to control
development . The next steps for Brewster were presented which include documenting removals at Captains,
estimates of leeching, Tar Kiln sub -watershed will need additional decision making, exploring nitrogen credit
trading opportunities and prepare a contingency plan for non -traditional elements of the program .
Chair Bingham asked about the Tar Kiln Creek credit, is this a change for the good or bad . Chris Miller
answered that this is still being figured out, by changing attenuation in the watershed some of the nutrients
doesn ' t make it to Pleasant Bay, but then if we try to reduce the amount of nitrogen into those areas, we get
less credit . Additional modeling will be needed . Chair Bingham requested a map to identify what areas flow
towards Pleasant Bay .
Selectperson Chaffee thanked Ms . Ridley for her excellent report and asked what would be happening in
Pleasant Bay if these four Towns were not taking these efforts ? Ms . Ridley replied that the whole issue is
coming from our residential septic systems where nitrogen leeches out and travels through ground water
and makes it to Pleasant Bay . Adding that coastal systems are very sensitive to nitrogen , which over fertilizes
the organisms in the water that creates shading and a lack of oxygen to aquatic life . Ms . Ridley noted that
there are 19 separate parts of the Bay that has regulatory thresholds that says we are way over to stay
healthy, if we don ' t take measures of the flow of nitrogen , we will start losing eel grass, shellfish and see less
variety of sea creatures . We will then deal with removing nitrogen , but we will have a water body that is
severely impaired which becomes much more difficult and costly . Selectperson Chaffee commented that
the most important point is that we are on track, and we are making a difference .
For Your Information
No discussion
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Town Towof Brewster Office of:
�o o' •+• 'Vs Select Board
�' 2198 Main Street Town Administrator
Brewster, MA 02631 = 1898
r w Phone : ( 508) 896 - 3701
Fax : ( 508 ) 896 - 8089
Matters Not Reasonably Anticipated by the Chair
None
Questions from the. Media
None
Next Meetings
September 22 ( executive session only) , September 23 ( at 6pm , executive session and open session ) ,
September 24, September 25 , October 1, October 4, and October 18, 2021 .
Adjournment
Selectperson Chaffee moved to adjourn at 6 : 37pm . Selectperson Chatelain second . A roll call vote was
taken . Selectperson Hoffmann - yes , Selectperson Whitney-yes, Selectperson Chaffee - yes, Selectperson
Chatelain -yes, Chair Bingham -yes . The Board vote was 5 -Yes, Mo .
Respectfully submitted by Erika Mawn , Executive Assistant
Approved :
10 / 05 / 2021 Signed : FdwoG rd 8 6A61. d6t4n
Date Selectperson Chatelain , Clerk of the Select Board
Accompanying Documents in Packet : Agenda , TA report documents, Consent agenda packet, Pleasant Bay Watershed permit presentation and
annual report, FYI packet
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