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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 4/k/ i�rynNniuI1����\�� 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 : BoS 9 . 20 . 2021 www . brewster- ma . gov Page 1 of 6 Doc ID : 1785779aa81e1a33a5b30e8884ea1d3ca343deb0 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 . BoS 9 . 20 . 2021 www . brewster- ma . gov Page 2 of 6 Doc ID : 1785779aa81e1a33a5b30e8884ea1d3ca343deb0 \1dN11AIINi11$Iq// % 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 . BoS 9 . 20 . 2021 www . brewster- ma . gov Page 3 of 6 Doc ID : 1785779aa81ela33a5b30e8884ea1d3ca343deb0 g� 9� Town of Brewster Office of: ard 2198 Main Street Town elect Administrator o U Brewster, MA 026314898 Phone : (508 ) 896 - 3701 o Fax : ( 508) 896- 8089 mill Presentation U11\4� 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 . BoS 9 . 20 . 2021 www . brewster- ma . gov Page 4 of 6 Doc ID : 1785779aa81e1a33a5b30e8884ea1d3ca343deb0 g£W ��i/ 0 0� •,, 9 Tow ® f Brewster Office of; Town , r' Select Board S : ' 2198 Main Street Town Administrator o Brewster, MA 026314898 VP _ Phone : ( 508) 896-3701 Fax : ( 508) 896 - 8089 W*t if�e►oe►zt� 'vU�/�//1lNiNIN11111111NN���� 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 BoS 9 . 20 . 2021 www . brewster- ma . gov Page 5 of 6 Doc ID : 1785779aa81e1a33a5b30e8884ea1d3ca343deb0 gF. W81ir�9j,/ 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 BoS 9 . 20 . 2021 www . brewster- ma . gov Page 6 of 6 Doc ID : 1785779aa81e1a33a5b30e8884ea1d3ca343deb0