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Select Board Meeting Packet - 11.29.2021
Town of Brewster Select Board 2198 Main St., Brewster, MA 02631 townadmin@brewster-ma.gov (508) 896-3701 SELECT BOARD MEETING AGENDA Remote Participation Only November 29, 2021 at 6:00 PM Pursuant to Chapter 20 of the Acts of 2021, this meeting will be conducted in person and via remote means, in accordance with applicable law. This means that members of the public body may access this meeting in person, or via virtual means. In person attendance will be at the meeting location listed above, and it is possible that any or all members of the public body may attend remotely. No in-person attendance of members of the public will be permitted, and public participation in any public hearing conducted during this meeting shall be by remote means only. Members of the public who wish to access the meeting may do so in the following manner: Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID:890 9291 0526 Passcode: 509224 To request to speak: Press *9 and wait to be recognized. ZoomWebinar: https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09 Passcode: 509224 To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized . When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster- ma.gov), or Video recording (tv.brewster-ma.gov). Select Board Cynthia Bingham Chair David Whitney Vice Chair Edward Chatelain Clerk Mary Chaffee Kari Hoffmann Town Administrator Peter Lombardi Assistant Town Administrator Donna Kalinick Project Manager Conor Kenny Executive Assistant Erika Mawn 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Recording Statement 5. Public Announcements and Comment: Members of the public may address the Select Board on matters not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting Law, the Select Board is unable to reply but may add items presented to a future agenda. 6. Select Board Announcements and Liaison Reports 7. Town Administrator’s Report (Pages 3-10) 8. Consent Agenda (Pages 11-37) • Meeting Minutes: November 1, 2021, November 15, 2021 and November 16, 2021 • Letter of Support for Town Administration’s Community Preservation Act Application for the Housing Coordinator Position • Letter of Support for Brewster Historical Society’s Community Preservation Act Application for Funds to Digitize the Ellen St. Sure Archival Collection • Gift Acceptance: $30,000 from Brewster Conservation Trust for Wing Island Boardwalk Design & Permitting • One-Day Liquor License: Snowy Owl • Request to Utilize Town Equipment: Homeless for Holidays (Brewster Fire/Rescue Association) 9. Recognition for Outstanding Acts of Heroism and Bravery: Fire Fighter/Paramedic Gretchen Riley (Pages 38-42) 10. Review and Vote on Eversource Easements for Electric Service at 1000 Freemans Way and 198 Commerce Park Road (Captain’s Golf Course Solar Carports) (Pages 43-52) 11. Status Update on Town Acquisition of Cape Cod Sea Camps Properties and Initial Guided Tours Event (Select Board FY22-23 Strategic Plan Goals SC-1&4) (Pages 53-54) 12. Discuss and Vote on New Personnel Bylaw Position: Sea Camps Property Manager (Select Board FY22-23 Strategic Plan Goal SC-2) (Pages 55-57) 13. Discuss Proposed Sea Camps Comprehensive Plan Advisory Committees Charges (Select Board FY22-23 Strategic Plan Goal SC-3) (Pages 58-64) 14. Discuss and Vote on Local Action Unit Application, Marketing Plan, and Local Preference Request for Serenity Brewster Housing Project (Pages 65-192) 15. FYIs (Pages 193-269) 1 2 11/23/21 Barnstable County COVID Update 3 ______________________ Vaira Harik, M.S. Assistant County Administrator Barnstable County, MA Cell: 774-487-9435 Email: vharik@barnstablecounty.org 4 Weekly Count of New COVID-19 Infections: March 8, 2020 –November 20, 2021 0 5 10 15 20 25 30 35 40 45 50 55 3/29-4/44/5-4/114/12-4/184/19-4/254/26-5/25/3-5/95/10-5/165/17-5/235/24-5/305/31-6/66/7-6/136/14-6/206/21-6/276/28-7/47/5-7/117/12-7/187/19-7/257/26-8/18/2-8/88/9-8/158/16-8/228/23-8/298/30-9/59/6-9/129/13-9/199/20-9/269/27-10/310/4-10/1010/11-10/1710/18-10/2410/25-10/3111/1-11/711/8-11/1411/15-11/2111/22-11/2811/29-12/512/6-12/1212/13-12/1912/20-12/2612/27-1/21/3-1/91/10-1/161/17-1/231/24-1/301/31-2/62/7-2/132/14-2/202/21-2/272/28-3/63/7-3/133/14-3/203/21-3/273/28-4/34/4-4/104/11-4/174/18-4/244/25-5/15/2-5/85/9-5/155/16-5/225/23-5/295/30-6/56/6-6/126/13-6/196/20-6/266/27-7/37/4-7/107/11-7/177/18-7/247/25-7/318/1-8/78/8-8/148/15-8/218/22-8/288/29-9/49/5-9/119/12-9/189/19-9/259/26-10/210/3-10/910/10-10/1610/17-10/2310/24/10/3010/31-11/611/7-11/1311/14-11/201 2 0 2 0 0 0 1 0 2 0 0 0 0 1 2 5 2 0 0 0 0 2 0 2 1 2 3 0 1 4 1 3 6 6 13 22 11 7 20 2425 53 24 20 8 8 5 1113 21 32 21 25 12 6 7 3 3 1 0 1 0 0 0 0 2 3 5 9 14 7 9 12 15 6 9 9 8 5 5 5 5 9 19 37 3 7 53 14 2 0 1 1 1 0 1 1 0 3 0 0 1 5 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 1 1 0 0 0 0 0 1 2 2 1 0 2 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 7 0 0 0 0 0 New Brewster COVID-19 Cases Resident (643 Total)Long Term Care (119 Total staff & patients) 5 Ages of Brewster Residents with Active COVID-19 Infections 0-9 years (0) 0% 10-19 years (2) 10% 20-29 years (1) 5% 30-39 years (0) 0% 40-49 years (7) 37% 50-59 years (2) 11% 60-69 years (7) 37% 70-79 years (0) 0% 80+ years (0) 0% 0-9 years (0) 10-19 years (2) 20-29 years (1) 30-39 years (0) 40-49 years (7) 50-59 years (2) 60-69 years (7) 70-79 years (0) 80+ years (0) November 7-November 13 % COVID Infections in Age Groups % COVID Infections in Age Groups 0-9 years (2) 5% 10-19 years (12) 33% 20-29 years (3) 8% 30-39 years (7) 19% 40-49 years (5) 14% 50-59 years (6) 16% 60-69 years (2) 5% 70-79 years (0) 0% 80+ years (0) 0%0-9 years (2) 10-19 years (12) 20-29 years (3) 30-39 years (7) 40-49 years (5) 50-59 years (6) 60-69 years (2) 70-79 years (0) 80+ years (0) November 14 - November 20 6 BREWSTER RESIDENT VACCINATION TOTALS DATA AS OF 11/16/2021 Town Age Group Population Proportion of town population Individuals with at least one dose Individuals with at least one dose per capita Proportion of town individuals with at least one dose Fully vaccinated individuals Fully vaccinated individuals per capita Proportion of town fully vaccinated individuals Partially vaccinated individuals Partially vaccinated individuals per capita Proportion of town partially vaccinated individuals Brewster 5-11 Years 516 5%44 9%1% -0%0%44 9%4% Brewster 12-15 Years 369 4%259 70%3%230 62%3%29 8%3% Brewster 16-19 Years 367 4%278 76%3%247 67%3%31 8%3% Brewster 20-29 Years 681 7%621 91%8%560 82%8%61 9%6% Brewster 30-49 Years 1,444 15%1,371 95%17%1,208 84%17%163 11%16% Brewster 50-64 Years 2,323 23%2,014 87%24%1,831 79%25%183 8%17% Brewster 65-74 Years 2,349 24%2,120 90%26%1,817 77%25%303 13%29% Brewster 75+ Years 1,592 16%1,541 >95%19%1,307 82%18%234 15%22% Brewster Total 9,926 100%8,248 83%100%7,200 73%100%1,048 11%100% * = total < 30 individuals 7 1 Donna Kalinick To:Robert Moran; Jay Packett; James Jones; Kevin Varley; Susan Broderick; Peter Lombardi Subject:RE: Your FY22 MIIA Grant Award- Brewster Dear Brewster, Congratulations on your MIIA grant award. We are confident that your grant award will assist in your community's proactive risk management efforts. The FY22 grant criteria focused on property, cyber and safety related items to assist members with the challenges they face protecting their employees and municipal assets. Thank you for consulting with your Risk Manager to assure that your grant submission met the program guidelines and the needs of your municipality. We did our best to satisfy all of your requests however, working within our $1,000,000 grant budget, with over $1,500,000 in member requests, not all requests could be fully funded. Attached to this award letter, is a grant status report detailing the grant(s) submitted by your municipality and for those item(s) approved, the funding that has been provided. By submitting your grant invoice(s) as soon as possible, you will provide the maximum benefits to your employees, municipal operations and your community. If at all possible we prefer that you submit vendor invoice(s) for payment instead of requests for reimbursement. Please note that projects, services, and purchases must be completed and invoices submitted to miiagrantinvoices@mma.org by May 12, 2022. We request with the submission of your final grant, that you send us a brief description of how this grant has benefited your risk management efforts and a corresponding picture if possible. Below is a link to a document detailing the grant submittal process for all MIIA grant award invoices. https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.emiia.org%2fdownloads%2fGrant_Invoice_Processing.pdf &c=E,1,pVkIVue40h8d4DwyUlC44noGbmkv51t8MNzGRBdR2YyESgX9jfmvK9xL95tjxq3rm48fnCxYf0IA3rq7_- XNLi1KDEb0O_hwQxPrT0A5WadQYU7hmYdjvz7odzuH&typo=1 If you have any questions, please feel free to reach out to Nodira Sidikova, MIIA Project Coordinator, Unemployment Services and Human Resources Risk Management at 916-277-5003, nsidikova@mma.org, your MIIA Risk Manager or me. Sincerely, Lin Chabra MIIA Senior Risk Management Manager lchabra@mma.org (617) 838-5941 8 MIIA Grant Statement $10,000.00Grand Total:$9,000.00 Grant ID Requested Amt Awarded AmtStatusCategory Brewster Department Purpose RM 122 $10,000.00 $9,000.00YesCommunication Equipment for Forestry and DPW* Emergency Management Purchase portable radios for the Towns Golf Department to provide them with enhanced daily communication capabilities through the use of the Towns UHF repeater supported radio communication system. 9 Come hear about the process to date and the mitigation actions developed as part of the plan. About the Multi-Hazard Mitigation Plan The Town of Brewster has developed a draft Multi-Hazard Mitigation Plan. This plan is important because it helps the Town plan and receive funding for projects that reduce the risk of injury or damage to property from future natural, communicable, human-caused or technological hazard events such as flooding, hurricanes or cyber security. This Multi- Hazard Mitigation Plan builds on previous work already completed by the Town including the Brewster Coastal Adaptation Strategy (September 2016), Town of Brewster Vision Plan (2018), the Town of Brewster Coastal Resource Management Plan (2019), and the Municipal Vulnerability Preparedness Plan (2019). For more information please visit: https://www.brewster-ma.gov/departments-mainmenu-26/planning-department-mainmenu-104/2908-brewster-hazard -mitigation-plan Contact Craig Pereira—Project Manager Horsley Witten Group, Inc. 55 Dorrance St. Suite 200 Providence, RI 02903 cpereira@horsleywitten.com Phone: (401) 272-1717 Town of Brewster Multi-Hazard Mitigation Plan Virtual Public Workshop Tuesday, November 30, 2021 6:00 PM—8:00 PM Please click the link below to join the webinar: https://us02web.zoom.us/j/81177153357?pwd=YTFBQnBNRHJTWWFGV3c3WmNuT1BMUT09 Passcode: 086700 US: +1 301 715 8592 or +1 312 626 6799 Webinar ID: 811 7715 3357 Passcode: 086700 10 Brewster Select Board Meeting of November 29, 2021 Consent Calendar Items 1 Item #8: Consent Agenda Approval of Meeting Minutes from November 1, 2021, November 15, 2021, November 16, 2021. ADMINISTRATIVE RECOMMENDATION We recommend the Board approve the meeting minutes of November 1, 2021, November 15, 2021, and November 16, 2021, as presented. Letter of Support for Town Administration’s Community Preservation Act Application for the Housing Coordinator Position Town Administration is requesting a letter of support from the Select Board to accompany the application for CPC funding to support Brewster’s Housing Coordinator position. ADMINISTRATIVE RECOMMENDATION We recommend that the Board approves the letter of support and authorizes the Chair to sign it. Letter of Support for Brewster Historical Society’s Community Preservation Act Application for Funds to Digitize the Ellen St. Sure Archival Collection The Brewster Historical Society is requesting a letter of support from the Select Board to accompany their application for CPC funding to digitize the Ellen St. Sure Collection. ADMINISTRATIVE RECOMMENDATION We recommend that the Board approves the letter of support and authorizes the Chair to sign it. Gift Acceptance: $30,000 from Brewster Conservation Trust for Wing Island Boardwalk Design & Permitting Per the agreement between the Town of Brewster and Brewster Conservation Trust, the Trust will provide the initial installment of $30,000 to assist the Town with design and permitting of the Wing Island Boardwalk project. The Town received a Mass Trails Grant and funding authorization at Town meeting to move forward with design and permitting for the Wing Island Boardwalk. ADMINISTRATIVE RECOMMENDATION We recommend that the Board accepts the gift from Brewster Conservation Trust. 11 Brewster Select Board Meeting of November 29, 2021 Consent Calendar Items 2 One-Day Liquor License Application – Snowy Owl Snowy Owl Coffee Roasters is hosting a Holiday Marketplace at their location of 2624 Main Street. The event will be held on Thursday, December 2nd, 2021, from 6pm-9pm. Expected number of attendees for the event is 24 and beer and wine will be served. ADMINISTRATIVE RECOMMENDATION We recommend that the Board approve the one-day liquor request for Snowy Owl. Request to Utilize Town Equipment: Homeless for Holidays (Brewster Fire/Rescue Association) The Brewster Fire/Rescue Association will be participating in Homeless for the Holidays from December 1-5. They are requesting Select Board approval for use of the Town’s light tower and sign board to assist in providing lighting, heat, and messaging services during the event. ADMINISTRATIVE RECOMMENDATION We recommend that the Board approve the use of Town equipment by the Fire/Rescue Association for this purpose. 12 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.01.2021 www.brewster-ma.gov Page 1 of 11 Office of: Select Board Town Administrator MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES DATE: November 1, 2021 TIME: 6:00 PM PLACE: Remote Participation REMOTE PARTICIPANTS: Vice Chair Whitney, Selectperson Chaffee, Selectperson Hoffmann, Selectperson Chatelain, Town Administrator Peter Lombardi, Assistant Town Administrator Donna Kalinick, Pat Hughes, Charlie Sumner, Steve Koppel, Chief Robert Moran ABSENT: Chair Bingham Call to Order & Declaration of a Quorum, Meeting Participation Statement and Recording Statement Vice Chair Whitney called the meeting to order at 6:00pm. A quorum was declared, and all Select Board members present were announced. Vice Chair Whitney read the meeting participation and recording statements. Public Announcements and Comment: Faythe Ellis, Chair of Community Preservation Committee (CPC), highlighted an upcoming virtual public forum on November 10th at 4pm. The public forum is to allow residents the opportunity to provide their thoughts on what should be priority for the CPC funds. In the next five years, it is estimated that the Community Preservation Act will generate $6.7M. The forum is part of the Town’s broader effort in creating a new 5-year plan that will identify the communities’ priorities for allocation of Community Preservation Act funds, this may lead to changes in the current allocation formula. The Community Preservation Act is a state law designed to help plan ahead for sustainable growth. Brewster initially adopted this act in 2005, the act allows Towns to levy a community wide property tax surcharge up to 3% for the purpose for creating a local Community Preservation fund that qualifies for state matching funds. Funds must be used to acquire and protect open space, build and rehabilitate parks, playgrounds and recreational fields, create and preserve community housing, and preserve historic buildings and resources. The completed plan will act as a guide for the Community Preservation Committee when deciding on funding priorities and specific projects to recommend at Town Meeting for appropriation. The online event is free and open to the public, the team will provide an overview of the project and lead participants through interactive live online activities so people can share their insights about the needs, challenges and opportunities regarding open space, housing, recreation and historic preservation. Select Board Announcements and Liaison Reports Selectperson Hoffmann shared that the Vision Committee is working towards the local comprehensive plan development and will be working towards public outreach for this new process. Also, the Brewster school Committee has put out their timeline for in house budget season, this is part of their plan. 13 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.01.2021 www.brewster-ma.gov Page 2 of 11 Office of: Select Board Town Administrator Town Administrator’s Report Mr. Lombardi stated that there have been no major changes or news to report, we continue to see a handful of new cases each week in Brewster. Regarding the significant storm last week, there was a lot of impact across the community and Town services, including the Library, Golf Course and Recycling Center that lasted throughout the weekend. Generally speaking, Brewster faired relatively well compared to other Towns on Cape in terms to our peak power outages, on Wednesday morning the peak was with 60% of town without power. Power was fully restored by midday on Saturday and there were a lot of trees down throughout Town. Mr. Lombardi commended Chief Moran on an outstanding job, as usual he was proactive, progressive, and used the annual tabletop exercise to help when these events happen. The packet will show a sampling of some of the Town damage to our beach landings and parks. The Captains golf course had extensive tree damage; Starboard opened on Sunday. For the Water Department, Town meeting appropriated just under $700,000 to install emergency generators for the wells, all wells were without power for several days and well 6 was on generator, this highlights the benefits of these capital projects. Town Hall was able to open up to residents on Friday for a warming/charging station. Mr. Lombardi pointed out the incredible coordination across departments and the great teamwork, especially by our Public Safety Team (Fire, Police and DPW) and other departments that worked long hours. Selectperson Chaffee asked if there was any reported damage at the Cape Cod Sea Camps properties, Mr. Lombardi responded that there were about 15 trees down, they are lining up a contractor. There is no significant concern, and we anticipate all work should be done before the Town takes ownership. Vice Chair Whitney added that the crew at the golf course did an excellent job with clean up. Consent Agenda Vice Chair Whitney amended the Fee Waiver Requests for Post-Storm Residential Brush Disposal to have an end date of Sunday, November 7, 2021. Meeting Minutes: October 18, 2021 Appointments: F. Davis Walters- Building Commissioner & Water Quality Review Committee Fee Wavier Requests: Post-Storm Residential Brush Disposal at Recycling Center; Glynn Electric for Brewster Woods Electrical Permits Facility Use Applications: Brewster Conservation Trust, Guided Trail Walks First Amendment to Intergovernmental Services Agreement with Cape and Vineyard Electric Cooperative, Inc. regarding Solar Facilities at 198 Commerce Park Road Selectperson Chatelain moved the consent agenda for November 1, 2021 as amended. Selectperson Chaffee second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Vice Chair Whitney-yes. The Board vote was 4-Yes, 0-No. 14 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.01.2021 www.brewster-ma.gov Page 3 of 11 Office of: Select Board Town Administrator Discuss and Vote to Accept and Execute Bond and Short-Term Note Bids for Cape Cod Sea Camps Land Acquisitions Mr. Lombardi provided some background; prior to issuing the debt Town Administration and the entire Finance Team had a call with S & P for bond rating. Noting this is the first time the Town has issued this kind of debt in a good number of years. Following their review, we received news last Tuesday that we have retained our AAA bond rating, this goes to all the great work that has been done in the past several years. The AAA rating was determined based on a strong economy, strong budgetary performance and strong financial management under unprecedent circumstances in the past couple of years with the pandemic. Our strong budget flexibility and liquidity based on the work done on building reserve and managing debt was recognized. Mr. Lombardi acknowledged all the work over the past several years from the Finance Team, this lends credence to the collaboration and work ethic of that team. Mr. Lombardi personally thanked Mimi Bernardo, Lisa Vitale, Donna Kalinick and Jim Gallagher, as well as the Select Board for their leadership and support in adopting the policies and working with the Town during challenging times. Results of the debt issuance issued last Wednesday was $24M in total, long term 3-year level debt taxable issuance for Bay Property and a separate $4M bond anticipation note, short term debt for the Long Pond acquisition. The winning bid included a premium of a little over $200,000 netted at $190,000 after the issuance costs were covered, which lead to a reduction in the amount of debt issued, more like $19.8M. The interest rate came in at 2.84%, almost a half percent less than what was projected. Generally speaking, because it is taxable debt, it is about a .25% higher rate than if we had issued as exempt, but we wanted to maintain flexibility in working with private partner organizations on the Bay property. The net effects is that there is almost $2M less in total debt that the Town will have to cover from what we projected after the premium and interest rate is applied. Tax rate impact is .23$ per $1,000, we projected .25$ per $1,000; there is an incremental lower annual tax impact to property owners. Following the vote tonight, funds will be available on November 10th. Mr. Lombardi acknowledged Lynn Welch from Uni Bank who has been really helpful in guiding us through a complicated process. Selectperson Chatelain moved to accept the bid from Robert W. Baird & Co. for the $19,810,000 Land Acquisition Bonds dated November 10, 2021 and maturing November 1, 2022 through 2051, inclusive, at a price of $20,099,256.20 for which the detailed maturities and coupons will be included in the text of the Select Board’s minutes;Further voted to accept the bid from Piper Sandler & Co for the $3,990,000 Land Acquisition Bond Anticipation Notes dated November 10, 2021 and maturing November 10, 2022 at a price of $4,016,453.70.The Board further affirms the additional votes referenced in bond counsel’s Form of Votes, for which the full text of the votes will be incorporated into the Select Board meeting minutes. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain- yes, Selectperson Hoffmann-yes, Vice Chair Whitney-yes. The Board vote was 4-Yes, 0-No. 15 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.01.2021 www.brewster-ma.gov Page 4 of 11 Office of: Select Board Town Administrator FULL VOTE OF THE SELECT BOARD I, the Clerk of the Select Board of the Town of Brewster, Massachusetts (the “Town”), certify that at a meeting of the board held November 1, 2021, of which meeting all members of the board were duly notified and at which a quorum was present, the following votes were unanimously passed, all of which appear upon the official record of the board in my custody: Voted: that the sale of the $19,810,000 General Obligation Land Acquisition Bonds – Unlimited Tax (Subject to Federal and Massachusetts Income Taxation) of the Town dated November 10, 2021 (the “Bonds”), to Robert W. Baird & Co., Inc. at the price of $20,099,256.20 and accrued interest, if any, is hereby approved and confirmed. The Bonds shall be payable on November 1 of the years and in the principal amounts and bear interest at the respective rates, as follows: Year Amount Interest Rate Year Amount Interest Rate 2022 $395,000 5.00% 2034 $ 610,000 2.30% 2023 400,000 5.00 2035 625,000 2.40 2024 420,000 5.00 2036 640,000 2.50 2025 440,000 5.00 2037 655,000 2.55 2026 465,000 5.00 2038 675,000 2.60 2027 485,000 5.00 2039 690,000 2.65 2028 510,000 5.00 2040 710,000 2.70 2029 535,000 5.00 2041 725,000 2.75 2030 565,000 2.00 2043 1,515,000 2.80 2031 575,000 2.00 2046 2,435,000 2.85 2032 585,000 2.10 2051 4,555,000 2.90 2033 600,000 2.20 Further Voted: that the Bonds maturing on November 1, 2043, November 1, 2046 and November 1, 2051 (each a “Term Bond”) shall be subject to mandatory redemption or mature as follows: Term Bond due November 1, 2043 Year Amount 2042 $745,000 2043* 770,000 _____________ *Final Maturity 16 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.01.2021 www.brewster-ma.gov Page 5 of 11 Office of: Select Board Town Administrator Term Bond due November 1, 2046 Year Amount 2044 $790,000 2045 810,000 2046* 835,000 _____________ *Final Maturity Term Bond due November 1, 2051 Year Amount 2047 $860,000 2048 885,000 2049 910,000 2050 935,000 2051* 965,000 _____________ *Final Maturity Further Voted: to approve the sale of a $3,990,000 1.00 percent General Obligation Bond Anticipation Note - Unlimited Tax (Subject to Federal and Massachusetts Income Taxation)of the Town dated November 10, 2021, and payable November 10, 2022 (the “Note”), to Piper Sandler & Co. at par and accrued interest, if any, plus a premium of $26,453.70. Further Voted: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated October 20, 2021, and a final Official Statement dated October 27, 2021 (the “Official Statement”), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further Voted: that in connection with the marketing and sale of the Note, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated October 20, 2021, and a final Official Statement dated October 27, 2021, each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted. Further Voted: that the Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement. Further Voted: that the Town Treasurer and the Select Board be, and hereby are, authorized to execute and deliver Continuing and Significant Events disclosure undertakings in compliance with SEC Rule 15c2-12 in such forms as may be approved by bond counsel to the Town, which undertakings shall be incorporated by reference in the Bonds and Note, as applicable, for the benefit of the holders of the Bonds and Note from time to time. 17 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.01.2021 www.brewster-ma.gov Page 6 of 11 Office of: Select Board Town Administrator Further Voted: that we authorize and direct the Town Treasurer to establish post issuance federal tax compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds and Note and to comply with relevant securities laws. Further Voted: that any certificates or documents relating to the Bonds and the Notes (collectively, the “Documents”), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document; delivery of an executed counterpart of a signature page to a Document by electronic mail in a “.pdf” file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document; and electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures. Further Voted: that each member of the Select Board, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes. I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda included the adoption of the above votes) was filed with the Town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours in or on the municipal building that the office of the Town Clerk is located or, if applicable, in accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the Bonds or the Note were taken in executive session, all in accordance with G.L. c.30A, §§18-25, as amended. Dated: November 1, 2021 _____________________________________ Clerk of the Select Board Status Update on Potential Town Acquisition of Cape Cod Sea Camps Properties & Discuss Preliminary Project Timeline Mr. Lombardi provided the following updates, there is also information provided in the public packet that starts on page 94. The Town has hired River Hawk Environmental to conduct additional site inspections on the Bay Parcel as part of the Town’s due diligence associated with the acquisition, we expect their phase 2 reports later this week. This firm has also done the initial phase 1 work, which was hired by the Sea 18 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.01.2021 www.brewster-ma.gov Page 7 of 11 Office of: Select Board Town Administrator Camps. River Hawk Environmental has done a great job in turning these reports around and we are moving along on schedule with the work. Town Administration is working with Town Counsel on finalization of the title work and looking at a tentative closing date of November 23, 2021, deadline is November 30, 2021. Mr. Lombardi recognized the administrative work going on behind the scenes, and that residents will be eager to get on the property and will want to understand the next steps. Mr. Lombardi offered the following as a general plan: Starting in November we will be working on a property management plan and should have it in place by the time the Town owns both properties. Town Administration has been working with our insurance provider and the open house planning has taken a fair amount of work. At Town Meeting in 2 weeks, we will be seeking to re-appropriate $185,000 in funding from the community center feasibility study to be used for consulting services to support the new Sea Camps comprehensive planning committees that will be formed in the next several months. We plan to host an open house in December. There have been some considerable interests from residents in donating funds to help the Town with the acquisition, which will help in reducing the tax impact. Next month we will have a mechanism and announcement for this. Town Administration and the Select Board will be working on developing and approving charges for the two new committees. Town staff will begin developing scope of work for consulting services solicitation. Included in packet is a selected works profile from Reed Hilderbrand who may be assisting us in developing the solicitation. Reed Hilderbrand was referred to us from Mass Audubon, they have an extensive and impressive background. A portion of the initial appropriation may be used to have Reed Hilderbrand work with us in developing the scope of work. This is an incredibly important piece; the net results of the work will be in assembling comprehensive plans that will go to Town Meeting for both properties. In the new year we will be soliciting letters of interest from residents to serve on the new committees. We will then begin the candidate review process; this will take some time as both committees will be fairly large and we expect a good amount of interest. In January we will be finalizing the scope of work for consulting services and issuing the solicitation. February, we will be appointing members to the new committees and selecting a consulting firm(s) from the solicitation issued in January. March, we plan on having the committees hosting their first meetings and working with the consulting firms to begin the process of developing the comprehensive plans, community engagement process and time frames. Mr. Lombardi stated that we also anticipate at this point, the Brewster elementary school’s consolidation feasibility study will be completed. There will be potential opportunities for a community center, including in the study is to review the Council on Aging property, and the town hall, keeping a macro view on this work. At same time, Mr. Lombardi pointed out that it is important to remember we have two partners on the Long 19 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.01.2021 www.brewster-ma.gov Page 8 of 11 Office of: Select Board Town Administrator Pond Property, Brewster Conservation Trust and Mass Audubon, which we will continue to communicate with and work through initial discussion around future uses. There are additional details from Town counsel on page 96 in terms of legal deadlines. Vice Chair Whitney announced that the plan for open house at the Sea Camps is scheduled for Saturday December 11, 2021. Selectperson Hoffmann added that the time will be between 10am – 3pm, this will be held as long as there is no threat of a storm, so residents should be ready for weather for this time of year. Selectperson Hoffmann continued that the open house is to provide an opportunity for the public who invested in these properties. The preliminary plan consists of organized tours which will be open to residents only. Pre-registration will be required, and the tours will be exclusively on the Bay property. The tours will be provided using CCRTA buses and vans (10-12 passengers each), we can accommodate 30 visitors per hour and the tours will last for an hour. We will be able to accommodate up to 600 visitors for the day. Selectperson Hoffmann noted that there will be additional opportunities in the Spring for those that cannot attend in December. Continuing that the tour will include the 6 main areas, the main building, dining hall, boat house, beach, pool and art center. Town staff and select committees will be able to view ahead of the open house. Selectperson Hoffmann also requested that residents save any ideas regarding the property for the public engagement process as we develop the comprehensive plans for both properties. Selectperson Chaffee commented this is a really important opportunity and is wondering if 600 spots is going to be sufficient? She encouraged the Board to consider electronic sign ups and anything over 600 will give us an idea of how many residents are interested and the possibility of adding another tour date. Selectperson Chaffee also suggested calling the tour, the Sea Camps Fall open house to different from anything that will be held in the Spring. Presentation on Association to Preserve Cape Cod’s Pond Monitoring Program – Pat Hughes Charlie Sumner, President of the Association to Preserve Cape Cod (APCC), Pat Hughes, Vice President of the association and Steven Koppel, the Chair of the development committee joined the meeting. The APCC serves an important role on Cape Cod in a number of environmental issues. One issue is the cyanobacterium monitoring program that has a lot of value to Cape communities. The APCC annual meeting will be held on Nov. 4th at 5pm, all can attend virtually, registration is available on the APCC website. The presentation that is included in the public packet was reviewed by Pat Hughes. She noted that one of the goals of the APCC is to raise public awareness and to improve safety. A key role for the Brewster Ponds Coalition is to motivate change in trying to reduce sources of pollution that are causing cyanobacteria blooms. Ms. Hughes continued that there are ponds throughout the Cape that are priority and with rapid testing, Towns can be provided information quickly and if needed some kind of warning can be posted. The APCC is working at the regional level and the state level to increase financial and professional commitment to rapid testing and acceptance by the regulatory agencies of the protocol, so we can be quick and responsive in regard to the monitoring. There are at least 70 ponds in Brewster, both the Brewster Ponds Coalition and the APCC are sampling about 29 of them, while some others are being sampled by the Department of Environmental Management within Nickerson State Park. Steve Koppel added that the work that the APCC does is based on a rapid test that serves largely as a warning system. These rapid tests detect bacteria at an early stage, allowing Towns to take early and 20 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.01.2021 www.brewster-ma.gov Page 9 of 11 Office of: Select Board Town Administrator appropriate protective measures by alerting the appropriate groups, and produce consistent signage of warnings. Mr. Koppel continued that the technology developed by APCC partners at the University of New Hampshire is approved by the EPA, this is an economic approach to the testing where results are quickly available. The APCC is currently monitoring roughly about a 1/3 of the ponds in Brewster, this is fairly high compared to other towns. The APCC is looking to increase this number and looking for innovative ways to monitor a larger number of ponds more efficiently. Pat Hughes noted that this is a really important program, in Brewster we are fortunate to work with the Brewster Ponds Coalition as they provide volunteers to complete the monitoring, and the APCC scientist complete the sample analysis and notifies the local health agents. Ms. Hughes noted that this has been challenging for Health Departments as the Mass. Department of Public Health has a different methodology and at present time they do not mesh. Ms. Hughes added that the Cape & Islands Health Agents Coalition and the Mass Department of Public Health, along with the APCC are working together in looking at the methodology, hopefully with guidance from Mass. Department of Public Health, we can be consistent across the board with better coordination and clarification for the Boards of Health. Vice Chair Whitney expressed his thanks to the APPC organization and the Brewster Ponds Coalition for their work they are doing as cyanobacteria is a big problem Cape wide to the health of humans and pets. Mr. Lombardi commented APPC recently was award a $150,000 SNEP grant to work with Brewster and most other Cape Towns on water management around boat ramps. This is an example of the partnerships that we have in place. Mr. Lombardi thanked the APPC for their work, adding that it is not surprising Brewster is on the leading edge of this policy issue and science. Certainty a lot of time, effort and energy mainly from volunteers, to put Brewster in the best spot to have the best data available. Discuss and Vote on Community Emergency Management Plan- Chief Moran, Emergency Management Director Chief Moran joined the meeting, before he discussed the Community Emergency Management Plan (CEMP) he reviewed the events of the storm. Chief Moran stated that at the height of the storm about 50% of town was without power and by 12pm on Saturday there were 33 homes still without power, noting that Eversource had a hard time meeting their goal, but they did meet the goal of providing power to 99% to the Town by 12pm on Saturday. Chief Moran noted that there was an Eversource employee assigned to the EOC at the Fire Department, she did a great job and was professional and showed tenacity in restoring power to the town rapidly. Chief Moran did point out one issue at Wells Court, their power was restored Friday night about 9:30pm, however the workers from Eversource and those who dropped off generators were harassed by the tenants. This is something that the Chief and Donna Kalinick will meet about with the Brewster Housing Authority about. Chief Moran noted that the State has sent out damage assessment requests and he is currently working on it with department heads; the County has to reach a threshold of $935,000 for a FEMA declaration and the State has to meet a threshold of $11M in damages, overtime, etc. This is due next Tuesday and will have a 21 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.01.2021 www.brewster-ma.gov Page 10 of 11 Office of: Select Board Town Administrator broad estimate of damages, overtime used, vehicle use, etc. Chief Moran noted the personnel in the field (DPW, Police, Water, Fire, Golf and Natural Resources) that all contributes to the Town’s safety. The Town has been working on the CEMP for the past couple of years. This all-hazards plan is used to pre- plan, respond to and have a post review of specific emergency events. The plan is used to identify and assign specifics for department heads and the emergency operations center. Chief Moran noted that the State made it a little bit easier in 2019 by finalizing their own plan and provided a template for communities to use. Brewster had enlisted the aid of a Massachusetts Maritime Academy intern in 2020-2021 to develop the plan, this was then presented to the department heads for review. The plan was then sent to MEMA for review, in which they provided several comments and revisions, but ultimately approved the plan. The plan in the packet shows the comments and suggestions, once approved this will be the final draft. Mr. Lombardi commented that when reading the plan, it is consistent with the organizational structure of the new Town Charter (which has not been officially approved at the State level at this time). In the plan, the Town Manager is the lead on Emergency Management, noting that nothing changes operationally as Chief Moran’s roll as Emergency Management Director. Mr. Lombardi pointed out that technically the Select Board had certain responsibilities under state law prior to the Town Charter, this plan, in terms of declaring a local State of Emergency and a few other items have been addressed through the Charter and the CEMP. Vice Chair Whitney asked Chief Moran if he finds value in large scale exercises with multiple towns involved? Chief Moran responded that there is certainly value in these types of exercises. Adding that in past years, the Town has used Emergency Management Planning Grants, which are received every year, to host tabletop exercises put on by a third party that include regional partners. Chief Moran stated that he has worked with the Water Department to conduct a tabletop exercise presented by the Mass. Maritime students, it was completed about 9 months ago. We are once again working with Mass Maritime to develop another tabletop exercise, Chief Moran noted that the students did an excellent job, this is free to us and allows the grant to be used for other emergency management or training items. Selectperson Chaffee thanked Chief Moran on a highly complex task to take on, noting he has done an expert job with his team. With this plan, our Town will respond effectively. Selectperson Chatelain moved to vote to accept and approve the Community Emergency Management Plan. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain- yes, Selectperson Hoffmann-yes, Vice Chair Whitney-yes. The Board vote was 4-Yes, 0-No. Review and Vote on Proposed Select Board Policies on Board/Committee Appointments Mr. Lombardi stated that following the last Board meeting, a handful of changes were made based on the collective feedback. The drafts were sent to Town counsel for review, the question on the application relative to background checks and criminal convictions was stricken due to State Cori regulations. Non- Brewster voters who are appointed to serve on advisory or ad hoc committees will serve as full voting members unless the charges states differently. The clean versions reflect all feedback received from counsel. 22 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.01.2021 www.brewster-ma.gov Page 11 of 11 Office of: Select Board Town Administrator Selectperson Chatelain moved to approve the revised Select Board appointment policy number 6. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Vice Chair Whitney-yes. The Board vote was 4-Yes, 0-No. Selectperson Chatelain moved to approve the revised Select Board policy number 6A as drafted. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain- yes, Selectperson Hoffmann-yes, Vice Chair Whitney-yes. The Board vote was 4-Yes, 0-No. For Your Information Mr. Lombardi reminded the group that there was a citizen petition seeking to prohibit hunting in the Punkhorn that went to Town meeting last May, that was recently approved as to form by the Attorney Generals Office, but Town Counsel has opined that since neither the article itself nor the motion structured the article as a bylaw that the effect of the vote was advisory to the Select Board, Conservation Commission and Water Commission, the three public bodies that are responsible for care, custody and control of the properties that comprise the Punkhorn. Last week Conservation Commission adopted their annual hunting policy and voted to continue with their policy that does not permit hunting in the Punkhorn but does permit it on a limited basis in a few other locations around Town. Mr. Lombardi noted that there will likely be a citizen’s petition on this issue at Annual Town Meeting next spring. Matters Not Reasonably Anticipated by the Chair Selectperson Hoffmann expressed her thanks to our community who came together during the storm. She also acknowledged the Emergency response folks and Town staff who worked tirelessly to get us through. Questions from the Media - None Next Meetings - November 15 (Town Meeting), November 29, December 6, and December 20, 2021 Adjournment Selectperson Chatelain moved to adjourn at 7:12pm. Selectperson Chaffee second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Chatelain- yes, Selectperson Chaffee-yes, Vice Chair Whitney-yes. The Board vote was 4-Yes, 0-No. Respectfully submitted by Erika Mawn, Executive Assistant Approved: __________________ Signed: _________________________________________ Date Selectperson Chatelain, Clerk of the Select Board Accompanying Documents in Packet: Agenda, TA report, Consent Packet, CCSC Bond & Short-Term Note Bids, CCSC Updates and Preliminary Project Timeline, APCC Presentation, Community Emergency Management Plan, Proposed Select Board Policies on Board/Committee Appointments, FYI packet. 23 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.15.2021 www.brewster-ma.gov Page 1 of 2 Office of: Select Board Town Administrator MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES DATE: November 15, 2021 TIME: 4:30 PM PLACE: Stony Brook Elementary School PRESENT:Chair Bingham, Selectperson Chaffee, Selectperson Hoffmann, Selectperson Whitney, Selectperson Chatelain, Town Administrator Peter Lombardi, Assistant Town Administrator Donna Kalinick, Human Resources Director Sue Broderick Call to Order & Declaration of a Quorum & Meeting Participation Statement Chair Bingham called the meeting to order at 4:30pm. A quorum was declared, and all Select Board members present were announced. Discuss and Vote on Town Meeting Warrant Articles Mr. Lombardi stated that the SEIU (DPW, Water, and Golf) union, the sole remaining union that has been working on contract negotiations have ratified the terms of their new contract for FY22 and FY23. The COLA is the same as the other unions, 2% for FY22 and 2.75% for FY23. Generally, this contract implements the recommendations from the Compensation and Classification study. There are a handful of differences for the technical positions within the DPW and Golf departments, ultimately a new a secondary grade to two of the grades were added and positions within them were updated. These positions have more specific training and certification, which had been an internal equity issue. There was nothing too substantive other than financial considerations. There was an addition of a $2500 stipend for the tree warden position, previously this position was held by the last DPW director. Currently there is an employee on staff who has the background and training, the annual stipend is proposed for the additional services. There was also an increase to the boot stipend by $50 to $300, this is to be aligned with other unions. Selectperson Chatelain moved to approve the SEIU Collective Bargaining agreement. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Vice Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Selectperson Chatelain moved to recommend Article 7 the SEUI Collective Bargaining agreement. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain- yes, Selectperson Chaffee-yes, Vice Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Mr. Lombardi announced the next item of business is Article 9, General Bylaw/Stormwater, the initial Planning Board vote was 4 to 3, due in large part because the regulations were not finalized. The Planning Board spent two work sessions to finalize the regulations, re-voted on Wednesday with a vote of 5 to 1, with 1 member absent. Mr. Lombardi noted that the one “no” was Paul Wallace, the Chair, his concern is around 24 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.15.2021 www.brewster-ma.gov Page 2 of 2 Office of: Select Board Town Administrator the potential cost impact to residents for the process for major stormwater permits. There are differences between minor and major permits, minor permits can be approved administratively, while major permits have to go through either Planning Board or Conservation Commission. Selectperson Hoffmann clarified that Mr. Wallace was one of the members that approved the regulations, his concern was the threshold that would trigger a major permit and if it would unfairly burden some applicants. There was clarification from staff and consultants that the folks that would be disturbing that much land and increasing impervious service, would have an engineer and landscape architect on board anyway that would include this information in their work. Mr. Lombardi noted that the Finance Committee voted 6 to 1 in favor prior to the Planning Board subsequent deliberations and re-vote. Selectperson Hoffmann moved to approve Article 9, General Bylaw/Stormwater Management. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Vice Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Mr. Lombardi stated that we will have to let the Moderator know of the Select Board vote and that the vote taken by the Select Board should be announced when the article is presented. Mr. Lombardi provided hard copies of the motions for anyone who needed them. It was discussed to keep masks on while speaking, noting there was positive cases at both schools today, information was sent to parents via email. It was noted that it was not transmitted in the schools, but the kids had been tested at the school. Chair Bingham stated that there seems to be a bump in Brewster cases currently. Mr. Lombardi responded that our Health Director reviews weekly stats and keeps Town Administration informed, adding that a lot of the increases we see are interfamily transmission. Adjournment Selectperson Chatelain moved to adjourn the meeting at 4:45pm. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Chaffee-yes, Vice Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Respectfully submitted, Erika Mawn, Executive Assistant Approved: _______________ Signed: _______________________________________ Date Selectperson Chatelain, Clerk of the Board of Selectman , 25 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.16.2021 www.brewster-ma.gov Page 1 of 2 Office of: Select Board Town Administrator MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES DATE: November 16, 2021 TIME: 2:00 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, Shirin Everett Call to Order & Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Bingham called the meeting to order at 2:00pm. A quorum was declared, and all Select Board members present were announced. Chair Bingham read the meeting participation and recording statements. Matters Not Reasonably Anticipated by the Chair None Review and Vote on Acceptance of Deeds for Cape Cod Sea Camps Properties – 3057 Main Street & 500 W.H. Besse Cartway (Select Board FY22-23 Strategic Plan Goal SC-1) Mr. Lombardi announced that we are nearing the finish line in acquiring the two Sea Camps properties, the closing is scheduled for Tuesday November 23. We do not anticipate any issues with the closing. Mr. Lombardi added that a lot of work has been going on behind the scenes administratively and with help from Town Counsel. This is the last official action the Board will have to take prior to the closing; review and vote to accept the deeds for both properties. Shirin Everett, Town Counsel, stated that the deeds have been drafted and finalized. Today’s vote is asking the Board to sign the deeds, and since there will be miscellaneous documents, to authorize Mr. Lombardi to sign those documents for closing on the Boards behalf. Ms. Everett noted that Counsel is finalizing some numbers, including collecting the back taxes that are owed and making sure all documents are in order. The documents will be sent to the title examiner by Monday and as of Tuesday, once we go to record, the Town will be the proud new owners of the Sea Camp properties. Ms. Everett stated that she doesn’t anticipate any issues and is hopeful it will all go smoothly on Tuesday. Mr. Lombardi requested that members of the Board sign the three acceptance documents either today or tomorrow morning, which will be part of the paperwork for the closing. Selectperson Chatelain (with great pleasure) moved, pursuant to the vote taken under Article 1 of the September 25, 2021 Special Town Meeting held on September 26, 2021, to purchase from Camp Wono, Inc., for consideration of $6,000,000.00, the property located at 500 W.H. Besse Cartway, Brewster, for habitat protection, watershed protection, open space, conservation and passive recreation, active recreation, community housing and/or general municipal purposes, and to execute, and to authorize Town Administrator Peter Lombardi to execute, on behalf of the Select Board, any and all acceptances, settlement statements, affidavits and any other documents necessary or convenient to accomplish the foregoing acquisition. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson 26 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 BoS 11.16.2021 www.brewster-ma.gov Page 2 of 2 Office of: Select Board Town Administrator Whitney- yes, Selectperson Chatelain-yes, Selectperson Whitney, Chair Bingham-yes. The vote was 5-Yes, 0- No. Selectperson Chatelain moved, pursuant to the vote taken under Article 2 of the September 25, 2021 Special Town meeting held on September 26, 2021, to purchase from Cape Wono, Inc., for consideration of $20,000,000.00, the property located at 3057 Main Street, Brewster, for habitat protection, watershed protection, open space, conservation and passive recreation, active recreation, community housing, community center and/or general municipal purposes, and to execute, and to authorize Town Administrator Peter Lombard to execute, on behalf of the Select Board, any and all acceptances, settlement statements, affidavits and any other documents necessary or convenient to accomplish the foregoing acquisition. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Whitney- yes, Selectperson Hoffmann-yes, Selectperson Chatelain, Chair Bingham-yes. The vote was 5-Yes, 0-No. Executive Session 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. Chair Bingham stated that the Select Board would be entering into executive session at 2:09pm and will not be returning to open session. Selectperson Chatelain moved to enter executive session. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Whitney- yes, Selectperson Hoffmann-yes, Selectperson Chatelain, Chair Bingham-yes. The vote was 5-Yes, 0-No. Respectfully submitted by Erika Mawn, Executive Assistant Approved: __________________ Signed: _________________________________________ Date Selectperson Chatelain, Clerk of the Select Board Accompanying Documents in Packet: Agenda, Sea Camps Deed Acceptance Motions, Acceptance of Deeds 27 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 November 29, 2021 Ms. Faythe Ellis, Chair Community Preservation Committee Brewster Town Hall 2198 Main Street Brewster, MA. 02631 Faythe: As part of the Board’s 2022/2023 Strategic Planning process, Housing was once again identified as a priority goal. Brewster is very fortunate to have a Housing Coordinator, thanks to the tremendous support of the Community Preservation Committee. We, as a Town, have made great strides in the creation, acquisition, support and preservation of community housing, in large part due to the efforts of our Housing Coordinator. The Housing crisis has been exacerbated by the pandemic and we need to double down on our efforts around housing. The availability of stable and affordable housing supports town residents, businesses and helps to create a sustainable and well-rounded community. We hope that the Community Preservation Committee and our residents will continue to financially support the vital position of Brewster’s Housing Coordinator. The Board has shown its’ commitment for this position by funding the benefits portion of the position. Together, we can collaborate to continue the critical housing work outlined in the Housing Production Plan, the Vision Plan and our Strategic Planning Process. Thank you for all you and your committee do for the Town of Brewster. Cindy Bingham, Chair Brewster Select Board Office of: Select Board Town Administrator 28 1 Conor Kenny From:sallygunning@comcast.net on behalf of president@brewsterhistoricalsociety.org Sent:Wednesday, November 10, 2021 6:55 PM To:Erika Mawn Subject:Letter of Support for BHS Attachments:SB support letter draft.docx Follow Up Flag:Follow up Flag Status:Flagged Dear Erika, The Brewster Historical Society would like to ask the Select Board for a support letter to accompany our application to the CPC for funding for digitizing the Ellen St. Sure Collection. Ellen was the town archivist, but she also researched on her own time many aspects of Brewster history – its houses, people and businesses in particular. On her death Ellen’s private collection of research materials was donated to BHS with the understanding that the files would be maintained and made accessible to the public. The physical files have indeed been processed and protected (via a previous grant from the Eddy Foundation) and are available on site for researchers, but we would also like to offer the material online via our website, with links to the town and library sites if they desire it. I’ve attached a suggested draft letter for the Select Board to facilitate the process. The deadline for the application is December 5th. Many thanks, Sally Sally C. Gunning, President The Brewster Historical Society, Inc. PO Box 1146 Brewster, MA 02631 508-896-9521 www.brewsterhistoricalsociety.org 29 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 November 12, 2021 Sally C. Gunning, President The Brewster Historical Society, Inc. P.O. Box 1146 Brewster, MA 02631 Dear Ms. Gunning, The Select Board of the Town of Brewster enthusiastically supports The Brewster Historical Society’s application for CPA funds to digitize and make accessible to the public that portion of the Ellen St. Sure Research Collection that is related to the history of Brewster. Former Town Archivist and Brewster history enthusiast Ellen St. Sure accumulated materials for her personal research interests related to the town of Brewster and its residents as well as information about many homes and businesses in town. This collection was gifted to The Brewster Historical Society by the St. Sure family with the understanding that they would maintain the collection and make it accessible to researchers. Although funds from another granting agency, coupled with the aid of volunteers, allowed for the processing and accessibility of the physical collection at BHS, it did not provide a means to make it available to a wider public. The Society’s intent is to digitize the research collection and make it available via their website, with links to the town website and the library website if they so desire. Although there are no original documents in this collection, researchers as well as folks just interested in the history of an historic property or Brewster family, or anyone interested in Brewster’s history as a whole, would benefit from access to these research files. The Select Board feels this is a worthwhile use of Community Preservation Act funds and supports this application. Sincerely, Cynthia Bingham, Chair Brewster Select Board Office of: Select Board Town Administrator 30 31 described herein. 2.The Treasurer of the Town shall hold the Gift Account funds in the Gift Account, to be expended by the Town Administrator or designee, upon approval of the Select Board, without further appropriation pursuant to G.L. c. 44, §53A for the purposes of: (1) assessment, design, permitting of the Project; (2) professional services and construction costs associated with the Project; and (3) such other planning related studies and/or expenses determined to be appropriate or required by the Town or its officials in relation to the Project. Permissible use of the Gift Account funds shall include but not be limited to the hiring and payment of designers, engineers, consultants, contractors, and subcontractors as deemed necessary by the Town to undertake the Project. 3.In consideration of this grant of funds, and at the direction of the Trust the Town shall name the boardwalk to be built through the Project in honor of a person to be named prior to the commencement of construction. The Town will maintain signage at each end of the boardwalk reflecting said name, which signage shall be no more than 24 inches by 24 inches, unless other dimensions are required by a state agency or local regulatory commission, with remaining details to be determined before project construction commences. a.Neither the Trust nor the Donor shall have rights to rename or amend the name of the boardwalk once the Project is complete and signs have been ordered, however, the Donor may, upon written request to and approval by the Select Board, amend the name of the boardwalk after the execution of this Agreement and until such time as the Town orders signs for the boardwalk. b.In no event shall the boardwalk be renamed within 30 years of the completion of the Project. On and after the thirtieth anniversary of such completion, should the boardwalk need substantial repairs or to be rebuilt, for any reason, the Donor, the Donor’s estate, or the Donor’s Family Foundation shall be granted the right of first refusal to donate sufficient funds in a timely manner as may be needed to cover the costs associated with such repairs and may therefore retain such naming rights. If the Donor does not exercise this right of refusal, the Town may rename the boardwalk pursuant to the terms of any future donations, grants and/or gift agreements for such purposes. The Town shall utilize any and all available insurance proceeds prior to seeking or receiving any such grants and donations. The Town will make all reasonable efforts not to rename the boardwalk pursuant to the terms of this section 3(b). c.Should the Donor or the person for whom the boardwalk is named be convicted of a felony by a court of competent jurisdiction, the Town reserves the right to rename the boardwalk. The Town may also rename the boardwalk if the Donor or the person for whom the boardwalk is named are credibly accused of crimes of moral turpitude, which determination shall be made at the sole discretion of the Select Board. 32 4.Once all outstanding costs and fees detailed above have been fully paid in relation to the Project, any remaining Gift Account funds shall be returned to BCT, at which time the Gift Account shall be closed. 5.Any interest accrued under the Gift Account shall be used for any purpose allowed under this Agreement. 6.Any report, design, plan or advice generated with Gift Account funds shall be for the sole benefit of the Town, by and through its Select Board, shall be the property of the Town, and shall not be disclosed or shared except as required by the Public Records Law, and any other applicable provisions of state or federal law. 7.It is hereby acknowledged that the Town shall have the right, but not the obligation, to use the Gift Account funds, including any accrued interest, obtained hereunder for the stated purpose and that the Town shall not be deemed to have waived its right to use the funds or be deemed guilty of laches if the Town delays in using the funds. 8.In further consideration of this grant of funds, the Town shall convey to the Trust a conservation restriction in the property known as Wings Island, as further described as the deed recorded in the Barnstable County Registry of Deeds Book 1123, Page 170, said grant of restriction to be subject to approval by vote of Town Meeting and, as necessary, the Massachusetts state legislature, and approval of the terms and conditions of such conservation restriction by the Select Board. 9.This Agreement is intended to govern how the Gift Account funds may be used and is not intended to be construed as obligating the Town to take any particular action except with respect to the naming of the boardwalk, as set forth in section 3. 10.This Agreement shall be binding on and inure to the benefit of the parties; the benefits hereof may not be transferred or assigned without prior written consent of the parties. 11.This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts, without regard to conflict of laws principles. 12.If any term or condition of this Agreement or any application thereof shall to any extent be held invalid, illegal or unenforceable by the court of competent jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of this Agreement shall not be deemed affected thereby unless one or both parties would be substantially or materially prejudiced. 13.This Agreement, including all documents incorporated herein by reference, constitutes the entire integrated agreement between the parties with respect to the matters described. This Agreement supersedes all prior agreements, negotiations and representations, either written or oral, and it shall not be modified or amended except by a written document executed by the parties hereto. 33 34 35 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 NUMBER 2021-ODL – 44 FEE $35.00 Town of Brewster Licensing This is to certify that: Ellen O’Donnell- Snowy Owl Coffee IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW: Holiday Marketplace Beer and Wine At the following address: 2624 Main Street Brewster, MA 02631 This one-day permit is effective: Thursday December 2, 2021; 6:00pm- 9:00pm Date Issued: November 29, 2021 Select Board __________________________ __________________________ __________________________ __________________________ __________________________ Office of: Board of Selectmen Town Administrator 36 TO: Brewster Select Board FROM: Brewster Fire/Rescue Association CC: Fire Chief Moran Town Administrator Peter Lombardi DATE: 11/23/21 RE: Request to Utilize Town Equipment The Brewster Fire/Rescue Association will be participating in Homeless for the Holidays from December 1-5. We will be camping out for 103 hours during this time frame at the Immaculate Conception Church, located at 2584 Main St Brewster.We will be collecting new unwrapped toys, non-perishable food items and monetary donations. All collected food will be donated to Our Lady of the Cape Food Pantry. All required insurance and logistics to host the event have been secured by the Association. At this time we are requesting Select Board approval for use of the Town’s light tower and sign board to assist in providing lighting, heat, and messaging services during the event. We thank you for considering this request and look forward to a successful event that will provide food, toys, and funding to local families in need. 37 38 39 40 41 42 1 EASEMENT FOR ELECTRIC SERVICE WO#4952320 – Pole#411/7A & 411/7B 198 Commerce Park Road, Brewster KNOW ALL MEN BY THESE PRESENTS, that: TOWN OF BREWSTER., a municipal corporation in the County of Barnstable, whose mailing address is 200 Harborside Drive, Suite 200, Schenectady, NY 12305, hereinafter referred to as the Grantor (s), for nominal consideration of $1.00(one dollar), grants to: NSTAR ELECTRIC COMPANY d/b/a/ EVERSOURCE ENERGY, a Massachusetts corporation, having its principal place of business at 800 Boylston Street, Boston, Massachusetts 02199, its successors, assigns and licensees, hereinafter referred to as the Grantee, with quitclaim covenants, the right and easements (as more particularly described below) for overhead lines for distribution of electricity, and lines for control, relay and communication purposes over, across, upon and under a certain parcel of land owned by Grantor (the “Premises”) located at 198 Commerce Park Road, Brewster, Massachusetts. The Premises are more particularly described in the Deed filed in the Barnstable County Registry of Deeds in Book 1481, Page 1042. The easement rights granted herein are more particularly described as the right, from time to time and within the Premises, to install, construct, reconstruct, alter, extend, operate, inspect, maintain, repair, replace and remove (a) #411/7A and 411/7B utility poles and associated overhead wires, cables, insulators, fittings and fixtures, and all necessary cross-arms, guys, braces, foundations, anchors, and other supporting appurtenances deemed necessary by Grantee for the purposes specified above; (b) pedestals, concrete pads, transformers, switchgear and apparatus cabinets with the necessary wires, cables, terminals, fixtures and appurtenances deemed necessary by Grantee for the purposes specified above (hereinafter (a) and (b) are collectively referred to as “Equipment”), and (c) together with the right and easement to enter upon the Premises, including vehicular access for construction and maintenance purposes, as may be necessary from time to time for all of the foregoing purposes, utilizing existing paved ways and parking areas on the Premises to the extent practicable. All Equipment shall be installed in conformance with Grantee’s “Information & Requirements for Electric Service,” as issued by Grantee from time to time. Any Equipment installed by the Grantor shall be maintained by the Grantor, and if Grantor fails to repair or maintain such Equipment, Grantee reserves the right to do so at Grantor’s sole cost and expense. All Equipment shall be installed in locations mutually agreed upon by Grantor and Grantee, and shall initially be approximately to the extent that no location is determined in advance, the location of the easement shall be fixed by the actual installation of the Equipment, and, unless specified otherwise, shall be 15 feet in width, centered on the Equipment as installed. 43 2 Grantor may at any time, at its sole cost and expense, prepare and submit to Grantee for review and approval an “as built” plan of the Equipment in recordable form. Upon approval of such plan, and concurrently with the recording of such plan, the parties shall execute and record an amendment to this instrument, fixing the location of the easements granted hereunder to the locations and dimensions shown on such plan; provided, that Grantee shall have the right of access over the remainder of the Premises for all purposes contemplated by this agreement. Grantor will not erect or permit any structures or obstructions which in the reasonable judgment of the Grantee might interfere with the safe operation and maintenance of the Equipment. Grantee shall have the right to cut down and keep trimmed all trees, bushes, underbrush and growth as the Grantee may from time to time deem reasonably necessary for the safe operation and maintenance of the Equipment. All work by Grantor or Grantee under this Easement shall be done in a good and workmanlike manner by competent personnel or contractors, in conformity with all applicable permits, licenses, ordinances, laws and regulations, and free from any liens for labor or materials. The party performing the work shall be responsible for obtaining all applicable permits. Except in the event of emergency, prior to commencing any work at the Premises, Grantee shall endeavor to provide Grantor with such notice as may be practicable under the circumstances, which may consist of telephone or other verbal notification. The Grantee shall restore the surface of the Premises (by grading, paving or reseeding) wherever damaged by the Grantee by reason of its work as closely as reasonably practicable to the condition of such surface before such work. In the conduct of all work, neither party shall unreasonably interfere with the business, operations or access of the other party, its employees, invitees or contractors, or any other person having an interest in the Premises. Grantee shall have the right to connect the Equipment with its facilities located or which may be placed in private or public ways adjacent to the Premises. Grantee shall have the right to extend the lines from time to time, and the right to use the Equipment, to serve other customers of Grantee who may conveniently be served thereby. Grantee shall indemnify, defend and hold harmless the Grantor, its successors and assigns, from and against any claim, cost, loss or liability incurred by Grantor for physical damage or injury resulting from the negligence or willful misconduct of the Grantee, its employees, agents and contractors in the conduct of the work at the Premises pursuant to this easement. Nothing herein shall be construed to impose on the Grantee any liability for indirect, consequential, punitive or other special damages. Grantor may request that Grantee relocate any of the Equipment installed by the Grantee to another location on the Premises acceptable to the Grantee. Such relocation shall be at the sole cost and expense of the Grantor. 44 3 Grantor shall have the right to use the Premises, and the right to grant to others the right to use the Premises, for all purposes that do not unreasonably interfere with the rights granted to the Grantee hereby. All Equipment installed within the Premises pursuant to this easement shall remain the property of the Grantee and Grantee shall pay all taxes assessed thereon. This easement is executed pursuant to, and shall be subject to, the Grantee’s Terms and Conditions of Service, as filed with and approved by the Massachusetts Department of Public Utilities from time to time. EXECUTED as an instrument under seal this ____ day of _____________, 2021. Commerce Park Road Solar Project 2020, LLC By: _________________________________ Name: ______________________________ Title: ______________________________ STATE OF NEW YORK _____________________County S,S On this ____ day of _______________, 2021, before me, the undersigned notary public, personally appeared ____________________________________, proved to me through satisfactory evidence of identification, which was ______________________, to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose, as the ___________________________________________. _________________________________ Notary Public My Commission Expires: _______________ 45 4 SUBORDINATION OF MORTGAGE _______________________________________, holder of mortgage on said Premises (“Mortgagee”), for good and valuable consideration, hereby joins in this instrument and agrees with the Grantee that the Mortgagee and its successors and assigns will hold said mortgage and, in the event of foreclosure thereof, the mortgaged premises, subject to this easement; but that its rights and the rights of its successors and assigns under said mortgage shall not otherwise be affected. IN WITNESS WHEREOF, said corporation has caused this instrument to be signed and delivered in its name by its duly authorized officer this _____ day of ____________, 2021. _____________________________ By: __________________________ Title: _________________________ STATE OF NEW YORK _________________County, S.S On this ____ day of _______________, 2021, before me, the undersigned notary public, personally appeared ____________________________________, proved to me through satisfactory evidence of identification, which was ______________________, to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose, as an officer of ___________________________________. _______________________________________ Notary Public My Commission Expires: 46 GE –New 498kW PV Canopy 198 Commerce Park Rd, Bre C. J. Kennedy Eng’r 10/05/19 Nickolas Lomuscio 12/28/2020 Page 1 of 2 Sketch is not to scale. WO #02348521 Engineering Instructions Circuit 4-95B-600 (22.8kV) N New Customer owned 500kVA, 3ph, 22.8/13.2kV, 277/480V pm xfmr 198commercepkrdbredg02348521.pptx To 4-95B-600 Feed recloser & fuses on P118/57 (Source) Commerce Park Rd To DE #198New 3-1/0AL 25kV primary OH cable + neutral Eversource to take over ownership Customer owned Primary OH System FA R M 50’+/- 15’+/- x x x x x 3-50kVA 277/480V 25kVA (A)3-10kVA 277/480V x x New P411/7-A New 3ph NOVA Recloser with Form 6 Control 600-6 New P411/7-B New OH Primary Metering With fault indicators New Customer owned OH, UG, Pole, & LB Switch Customer to install, own, & maintain All 25kV & 277/480V overhead & underground conduit & cable, switches, & pm xfmr beyond the new primary metering cluster on P411/7-B, #198 Commerce Park Rd. 411/P7C Inst 1-45’ CL l Private pole 15’ west of 411/7B @ stake mark NOTE: No underground utility facilities (water, gas, etc) shown on customer site plan. 411/8 X Eversource to Assume J/O 50% ownership of : Private poles P388/P3, P388/3-S, P388/4, P388/5, P388/5-S, P411/P6, P411/P7,P411/7-S & P411/P8 with Verizon. ID poles without /P. Existing OH Primary , neutral & secondary wires From 388/3 to 411/8 Commerce Park Rd. 5 sections, TL = 900’+/- 411/3 Inst 2-8PXarm,4-1pts & 2-a/s Xfer oh wires & equipment 411/4 Inst 1-8pa,1-ri,3-pi, 3-1pts & 1-a/s Xfer oh wires & equipment 411/5 Inst 40’Cl1 JO pole & a/s 1-8pa,1-ri,3-pi,1-4disk ,4-1pts 1-a/s & 1-P to P 411/5S Inst 1-1pt,1-P to P & 1-a/s 9240/139 , Freemans Way Rem 3-65T fused cutouts 118/67 , Freemans Way Inst 1-8pa,1-ri,3-pi, 3-1pts & 1-a/s NOVA Triple single recloser with Form 6 control, bypasses, radio, antenna, etc in the closed position ID as switch 600-5. 4-8PFG XARMS & 1-1PT 118/66 , Freemans Way Inst 1-8pa,1-ri,3-pi, 3-1pts & 1-a/s 118/57 , Freemans Way (Not Shown) Rem 3-40T fuses Inst 1-8pa,1-ri,3-pi,1-8pdexarm,3-4disk,2-1pts & 3 -solid disconnects feeding towards Commerce Park Rd Xfer oh wires & equipment Eversource TO Verizon To Obtain rights & Assume J/O ownership with EVESOURCE For : P388/P3, P388/3-S, P388/4, P388/5, P388/5-S P411/P6, P411/P7,P411/7-S & P411/P8 411/P5 Rem 40’Cl 1 private pole Inst 40’Cl 1 JO pole & a/s 411/P5S Rem 30’Cl 1 private pole Inst 40’Cl1 JO pole & a/s 411/7B Inst 1-45’ C1 FO pole 15’ west of 411/7A @ stake mark 22.8/13.2kV OH primary metering cluster with F.A. on the load side of the metering. 1-8PDEXarm,3-4disk , 1-1pt & 1-a/s 411/7 to 411/7B via /7A Inst 3-1/0AL 25kV OH primary TDL=80’+/- 1-1/0 Al neutral TDL=80’+/- 411/8 Inst 50Kva HV 120/240v xfmer & c/o 1-8pa,1-ri,3-pi & 1-1pt 411/7 TO 411/8 INST 3x1/0 AL 2NDRY CABLE TDL=150’+/- 411/6 Inst 2-8PXarm,6-4disk ,4-1pts & 2-a/s Xfer oh wires & equipment 411/7 Rem 37.5 Kva HV 120/240v xfmer & c/o Inst 1-8PDEXarm,3-4disk & 1-1pt 411/7A Inst 1-45’ Cl1 FO pole 50’ west of 411/7 @ stake mark 3-ph, 27kV NOVA recloser with Form 6 control, bypasses, radio, antenna, etc in the closed position ID as switch 600-6. 4-8PFG XARMS,3-4DISK & 1-1PT 37kVa (B) 50 kVa (B) 411/P3 Rem 40’Cl 1 private pole Inst 40’Cl1 JO pole & a/ s Verizon To 118/66 Freemans Way Rem 35’Cl 1 1981jo pole & a/s Inst 45’Cl1 JO pole & a/ s 118/67 Freemans Way Rem 35’Cl 1 1981jo pole & a/s Inst 45’Cl1 JO pole & a/ s 411/7S 411/P7 EVERSOURCE TO INST NEW A/S IN-LINE WITH NEW FO POLES 47 1 EASEMENT FOR ELECTRIC SERVICE WO# 6335281 Pole # 118/49-5A and 118/49-5B 1000 Freeman’s Way, Brewster KNOW ALL MEN BY THESE PRESENTS, that: TOWN OF BREWSTER, a municipal corporation, whose mailing address is 2198 Main St. Brewster, Massachusetts 02631, hereinafter referred to as the Grantor, for the nominal consideration of One Dollar ($1.00), grants to NSTAR ELECTRIC COMPANY, d/b/a Eversource Energy a Massachusetts corporation, having its principal place of business at 800 Boylston Street, Boston, Massachusetts 02199 with quitclaim covenants, the right and easements (as more particularly described below) for overhead lines for distribution of electricity, and lines for control, relay and communication purposes over, across, upon and under a certain parcel of land owned by Grantor (the “Premises”) located at 1000 Freeman’s Way, Brewster, MA 02631. The Premises are more particularly described in the Deed filed in the Barnstable County Registry of Deeds in Book 3810 Page 093. The Premises are shown as a certain tract of land situated in Brewster, Barnstable County, Massachusetts, on the plan dated February 7, 1983, prepared by Schofield Brothers, Inc., recorded with the Barnstable County Registry of Deeds in Plan Book 372, Page 96. The easement rights granted herein are more particularly described as the right, from time to time and within the Premises, to install, construct, reconstruct, alter, extend, operate, inspect, maintain, repair, replace and remove 118/49-5A and 118/49-5B utility poles and associated overhead wires, cables, insulators, fittings and fixtures, and all necessary cross-arms, guys, braces, foundations, anchors, and other supporting appurtenances deemed necessary by Grantee for the purposes specified above; (b) pedestals, concrete pads, transformers, switchgear and apparatus cabinets with the necessary wires, cables, terminals, fixtures and appurtenances deemed necessary by Grantee for the purposes specified above (hereinafter (a) and (b) are collectively referred to as “Equipment”), and (c) together with the right and easement to enter upon the Premises, including vehicular access for construction and maintenance purposes, as may be necessary from time to time for all of the foregoing purposes, utilizing existing paved ways and parking areas on the Premises to the extent practicable. All Equipment shall be installed in conformance with Grantee’s “Information & Requirements for Electric Service,” as issued by Grantee from time to time. Any Equipment installed by the Grantor shall be maintained by the Grantor, and if Grantor fails to repair or maintain such Equipment, Grantee reserves the right to do so at Grantor’s sole cost and expense. 48 2 All Equipment shall be installed in locations mutually agreed upon by Grantor and Grantee, and shall initially be approximate to the extent that no location is determined in advance, the location of the easement shall be fixed by the actual installation of the Equipment, and, unless specified otherwise, shall be 10 feet in width, centered on the Equipment as installed. Grantor may at any time, at its sole cost and expense, prepare and submit to Grantee for review and approval an “as built” plan of the Equipment in recordable form. Upon approval of such plan, and concurrently with the recording of such plan, the parties shall execute and record an amendment to this instrument, fixing the location of the easements granted hereunder to the locations and dimensions shown on such plan; provided, that Grantee shall have the right of access over the remainder of the Premises for all purposes contemplated by this agreement. Grantor will not erect or permit any structures or obstructions which in the reasonable judgment of the Grantee might interfere with the safe operation and maintenance of the Equipment. Grantee shall have the right to cut down and keep trimmed all trees, bushes, underbrush and growth as the Grantee may from time to time deem reasonably necessary for the safe operation and maintenance of the Equipment. All work by Grantor or Grantee under this Easement shall be done in a good and workmanlike manner by competent personnel or contractors, in conformity with all applicable permits, licenses, ordinances, laws and regulations, and free from any liens for labor or materials. The party performing the work shall be responsible for obtaining all applicable permits. Except in the event of emergency, prior to commencing any work at the Premises, Grantee shall endeavor to provide Grantor with such notice as may be practicable under the circumstances, which may consist of telephone or other verbal notification. The Grantee shall restore the surface of the Premises (by grading, paving or reseeding) wherever damaged by the Grantee by reason of its work as closely as reasonably practicable to the condition of such surface before such work. In the conduct of all work, neither party shall unreasonably interfere with the business, operations or access of the other party, its employees, invitees or contractors, or any other person having an interest in the Premises. Grantee shall have the right to connect the Equipment with its facilities located or which may be placed in private or public ways adjacent to the Premises. Grantee shall have the right to extend the lines from time to time, and the right to use the Equipment, to serve other customers of Grantee who may conveniently be served thereby. Grantee shall indemnify, defend and hold harmless the Grantor, its successors and assigns, from and against any claim, cost, loss or liability incurred by Grantor for physical damage or injury resulting from the negligence or willful misconduct of the Grantee, its employees, agents and contractors in the conduct of the work at the Premises pursuant to this easement. Nothing herein shall be construed to impose on the Grantee any liability for indirect, consequential, punitive or other special damages. 49 3 Grantor may request that Grantee relocate any of the Equipment installed by the Grantee to another location on the Premises acceptable to the Grantee. Such relocation shall be at the sole cost and expense of the Grantor. Grantor shall have the right to use the Premises, and the right to grant to others the right to use the Premises, for all purposes that do not unreasonably interfere with the rights granted to the Grantee hereby. All Equipment installed within the Premises pursuant to this easement shall remain the property of the Grantee and Grantee shall pay all taxes assessed thereon. This easement is executed pursuant to, and shall be subject to, the Grantee’s Terms and Conditions of Service, as filed with and approved by the Massachusetts Department of Public Utilities from time to time. EXECUTED as an instrument under seal this ____ day of _____________, 2021. TOWN OF BREWSTER By: _________________________________ Name: ______________________________ Title: ______________________________ STATE OF ___________________ ___________________County ss On this ____ day of _______________, 2021, before me, the undersigned notary public, personally appeared ____________________________________, proved to me through satisfactory evidence of identification, which was ______________________, to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose, as Manager of _____________________________________. ______________________________________ Notary Public Signature My Commission Expires: _________________ ______________________________________ Print Notary Public Name 50 4 SUBORDINATION OF MORTGAGE _______________________________________, holder of mortgage on said Premises (“Mortgagee”), for good and valuable consideration, hereby joins in this instrument and agrees with the Grantee that the Mortgagee and its successors and assigns will hold said mortgage and, in the event of foreclosure thereof, the mortgaged premises, subject to this easement; but that its rights and the rights of its successors and assigns under said mortgage shall not otherwise be affected. IN WITNESS WHEREOF, said corporation has caused this instrument to be signed and delivered in its name by its duly authorized officer this _____ day of ____________, 2021. NAME OF BANK:_______________ By: __________________________ Title: _________________________ STATE OF ______________ __________________County ss On this ____ day of _______________, 2021, before me, the undersigned notary public, personally appeared ____________________________________, proved to me through satisfactory evidence of identification, which was ______________________, to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose, as an officer of ____________________________________. _______________________________________ Notary Public My Commission Expires: CERTIFICATE OF CLERK/SECRETARY I, ___________, duly appointed Clerk/Secretary of ______________, hereby certify that _______________the ______________________________________ is duly authorized to sign, acknowledge and deliver in the name and on behalf of _____________________, the foregoing subordination agreement. WITNESS my hand and seal, this day of _______, 2021. ______________________ Clerk/Secretary 51 WO #4934824 Engineering Details Circuit 4-95B-628 22.8/13.2kV New 1.49MW DG –GE @ Captain’s Golf Course 1000 Freeman’s Way, Brewster C. J. Kennedy Eng’r Revised 07/20/2021 Page 1 of 11000freemanswaybredg4934824_rev1.pptx Sketch is not to scale Eversource to: -install 3-4/0AL 25kV OH primary + neutral from P118/50 to new P118/50-5. 1 section, L = TBD. -install 2 new pole on private property appr 15’+/-apart appr 35’+/- from P118/50, Freemans Way. ID as new poles as /1 & /2 respectively. -install 3-4/0AL 25kV OH primary + neutral from new P118/50 to new P/2 via new P/1. 2 sections, TL = 50’+/-. -install a 3ph, 27kV NOVA recloser with Form 6 control, bypasses, radio, antenna, etc in the closed position on new P/2. ID as switch 628-13. -install a 22.8/13.2kV OH primary metering cluster on new P/2. Also, install fault indicators on the load side of the metering. Customer to install, own, & maintain all 25kV & 277/480V overhead cables, underground conduit & cables, & pm xfmr beyond the new primary metering cluster on /2, private property at #1000 Freeman’s Way. NOTE: No underground utility facilities (water, gas, etc) shown on customer site plan. X Freemans Way N New Pole ___/2 25kV OH Primary Metering & fault indicators FA New Pole ___/1 25kV NOVA recloser w/ Form 6 Switch 628-13 M New 3-4/0AL 25kV OH Primary + Neutral Customer Owned 25kV UG cable (type, distance, &/or conduit unknown)X VI 3-1/0AL (ABC) to New TSR 628-11 3-65T fuses on P118/67 (Source) 35’+/- 15’+/- Customer Owned Vacuum Interrupter Switch R Customer Owned pole, 3ph LB device, & riser Customer Owned 1500kVA, 3ph, 22.8/13.2kV, 277/480V pm xfmr New 3-4/0AL 25kV OH Primary + Neutral (phC Road) L = TBD P118/50 25(B) #1000 Eversource P&C Department to revise & issue new settings for the TSR to be installed on P118/67 with this new DG installation. Eversource to program new settings for new TSR as needed. New Pole 118/50-5 With 52 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 For Immediate Release: Wednesday, November 24, 2021 Contact: Peter Lombardi Town Administrator plombardi@brewster-ma.gov Brewster Purchases Former Cape Cod Sea Camps Properties Town of Brewster, Massachusetts – The Brewster Select Board and Town Administration are pleased to announce that the Town has completed its acquisition of the two former Cape Cod Sea Camps properties at 3057 Main Street and 500 W.H. Besse Cartway. The terms of these purchases are consistent with the agreements negotiated between the Town and the Delahanty family in September 2021. At Special Town Meeting on September 26 and in the Special Election on October 5, Brewster voters overwhelmingly voted in favor of acquiring the properties on Cape Cod Bay and Long Pond for $26,000,000. Funding from partner organizations is expected to reduce the total purchase price. Thanks to the strong support of Brewster voters, Town Meeting also appropriated $200,000 for interim operations and maintenance of the properties and another $185,000 for land use planning. Totaling over 120 acres, these properties may be utilized for numerous public benefits including conservation of land, coastal dunes, and wetlands; habitat and drinking water protection; beach access; extensive recreational amenities; community housing; and a home for a community center. Future uses of both properties will be determined through an inclusive and comprehensive planning process that will begin in early 2022. Information on opportunities for residents to be engaged in those efforts will be provided shortly. The Town will be offering guided tours of the Main Street property to Brewster residents on December 11, 2021. Please see the Town website for more details about that upcoming event. Additional opportunities for residents to access the properties will be announced in the coming months. ### Office of: Select Board Town Administrator 53 Cape Cod Sea Camps Tour – Public Notice SAVE THE DATE: Brewster to Offer Guided Tours of the former Cape Cod Sea Camps Property on Saturday December 11 In celebration of the Town of Brewster’s recent acquisition of the former Cape Cod Sea Camps properties, we are offering organized tours of the Bay Property at 3057 Main Street on Saturday, December 11 from 10 AM to 3 PM. Pre-registration will be required. A link to the registration website will be available on Tuesday, November 30, 2021. The tour will be open to Brewster residents only. The guided tour will visit the following locations: Administrative Building, Dining Hall, Boathouse, Beach, Pool, and Arts Center. Volunteers will provide some information and history about these facilities at each stop. To safely accommodate the maximum number of people, transportation around the site will be provided using a combination of 20 passenger vehicles and 12 passenger vans (masks will be required on the vehicles). Visitors will have an opportunity to walk to some destinations as part of the tour and are encouraged to dress for the season - rain, snow, or shine. In case of extreme weather, the “storm date” is Sunday, December 12, 2021. Each tour will include about 30 residents and is expected to take approximately 45 minutes. This will allow about 650 visitors to participate in this first opportunity to tour the property. There will be additional opportunities in Spring/Summer 2022 for more extensive public access of this property and the one on Long Pond for those who are unable to attend this event. See you at the Sea Camps! 54 TOWN OF BREWSTER, MA JOB DESCRIPTION Town of Brewster, MA Sea Camps Property Manager - Maintenance Page | 1 Title: Sea Camps Property Manager Classification: Non-Union, Personnel Bylaw Department: Maintenance Grade: 7 Reports to: Property Maintenance Supervisor FLSA Status: Non-Exempt Effective Date: 11-29-21 Summary Position is responsible for overseeing the security, maintenance, and repair of the buildings, grounds, and equipment of the former Sea Camps properties. Employee is required to perform all similar or related duties. Essential Functions The essential functions or duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position. Ensures the overall safety, security, and working order of all physical properties. Responds to calls for emergency repairs & alarms; ensures that proper repairs or replacements are made to broken equipment, buildings or mechanical systems to ensure safety and proper operating conditions. Ensures for the regular scheduled inspections of mechanical systems, alarm systems, building inspections and replace or repair as needed. Oversees the work of contractors in accordance with contractual agreements and in compliance with state laws and regulations with guidance from local inspectors and state procurement laws. Makes minor repairs, performs minor/basic electrical, plumbing, carpentry and mechanical repairs that do not require license. Procures and maintains inventory of parts and supplies for equipment, buildings, and pool maintenance, repairs and cleaning. Maintains a preventative maintenance program for all equipment, buildings and pools. Assist the department head in planning for long range equipment /facility replacement and/or improvement needs, determining specifications for new purchases, and in contracting out for major repairs. Assists the department head in planning and preparing annual operating and capital expenditures budgets. Performs all other duties as required. Supervision Supervision Scope: Performs varied and responsible duties requiring considerable judgment in applying state laws and local regulations to frequently changing conditions and problems. 55 TOWN OF BREWSTER, MA JOB DESCRIPTION Town of Brewster, MA Sea Camps Property Manager - Maintenance Page | 2 Supervision Received: Employee works under the general supervision of the Maintenance Supervisor. The employee plans and carries out regular work in accordance with established operating practices, previous training, with substantial responsibility for determining actions with independence in organizing work activities and determining work methods. Supervision Given: May supervisor the equivalent of up to two full time employees or volunteers. Recommended Minimum Qualifications Education, Training and Experience Associates Degree or a master level of trade knowledge and minimum 3 years of prior work experience in building maintenance trades such as plumbing, carpentry or building maintenance and repair work or an equivalent combination of education, training and experience. Special Requirements: Valid Driver’s license. Certified Pool Operator OSHA 10, preferred Knowledge: Thorough knowledge of techniques, materials and operating practices associated with building and grounds maintenance carpentry and construction work as well as related equipment and tools. Working knowledge of the State’s procurement laws. Abilities: Ability to plan and prioritize work and manage multiple tasks in a detailed and accurate manner; ability to use hand tools and operate cleaning or building maintenance equipment and to perform moderately strenuous manual skilled and non-skilled labor in a safe and efficient manner, Ability to read and comprehend written instructions or manufactures guidelines in order to perform work in a safe and effective manner. Ability to establish effective working relationships with contractors and sub -contractors as well as the public. Skills: Proficient written and oral communication and customer service skills; effective analytical skills. Skill in diagnosing and repairing systems malfunctions. Skill in the use tools and equipment to perform duties. Job Environment ▪ Administrative work is performed under typical office conditions. The employee is exposed to intermittent machine or related noise or a combination of unpleasant elements such as odors, chemical fumes, dust, smoke, heat, cold, oil, dirt or grease. Assignments may involve occasional work in confined or cramped quarters or the performance of work assignments around machinery and its moving parts. Required to work outside normal business hours in response to emergencies and important situations. ▪ Operates a computer, automobile, telephone, and standard office machines; utilizes a variety hand and power tools. ▪ Contacts are primarily with co-workers, contractors, state agencies and the public. ▪ Employee does not have regular access to confidential information of the department, in accordance with the state public records law. ▪ Errors may result in lower standards of service to the community, damage to property or equipment, endanger public safety and possible monetary loss or legal repercussions. 56 TOWN OF BREWSTER, MA JOB DESCRIPTION Town of Brewster, MA Sea Camps Property Manager - Maintenance Page | 3 Physical Requirements The physical demands described are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Light physical effort while performing office work. Frequent moderate physical effort when performing construction, carpentry and other building repair work. Major portion of day is spent in the field. Regularly required to walk, stand, sit, talk, and hear; use fingers to handle or feel, climb or balance; stoop kneel, crouch or crawl. Ability to view computer screens and objects. May move objects weighing up to 50 pounds, usually less. Must be able to communicate. This job description does not constitute an employment agreement between the employer and employee, and is subject to change by the employer, as the needs of the employer and requirements of the job change. Pay Equity/Equal Opportunity/Americans with Disabilities Act Employer 57 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Proposed Charges for Sea Camps Comprehensive Planning Advisory Committees DATE: November 24, 2021 Following Town acquisition of the former Cape Cod Sea Camps properties at 3057 Main Street (“Bay Property”) and 500 W.H. Besse Cartway (“Long Pond Property”), the Select Board can now move forward in forming new advisory committees to guide and facilitate planning efforts to identify future uses of both properties. On November 15, Special Town Meeting appropriated $185,000 to help broadly study the potential future uses for the Sea Camps properties, including a Community Center, and to incorporate other Town facilities for study such as the Council on Aging, Town Hall, Spruce Hill, and the Robinson property (Long Pond Woodlands) as well as the results of the soon-to-be-completed Elementary School Study. These plans will identify recommended future uses of both Sea Camp properties as well as estimated capital & operating costs, project phasing, financing, and partnerships. These processes will incorporate substantive and varied forms of resident outreach and community engagement to solicit input and feedback. Subsequent Town Meeting approval is required once Comprehensive Plans are completed for each property. These committees, with the support of professional consultants, will lead these processes. Given the differences in current uses, existing conditions, and potential opportunities at each site, the formation of two separate committees is proposed as follows: 1.Bay Committee will be comprised of eleven (11) members, including two (2) Select Board members, one (1) representative from each of the following committees (Open Space Committee, Natural Resources Commission, Affordable Housing Trust, Recreation Commission, Council on Aging), and four (4) Brewster (at-large) residents. Consistent with the Select Board’s recently adopted Board & Committee Appointment Policy, part-time residents may be permitted to serve in an at-large capacity on either committee. All members will serve one (1) year terms, subject to annual reappointment on the standard fiscal year cycle. Office of: Select Board Town Administrator 58 The following committees will identify liaisons to attend these meetings: Finance Committee and Vision Planning Committee. Other stakeholders invited to participate in these meeting include representatives from MA Audubon and YMCA Cape Cod. Additional organizations such as the Brewster Conservation Trust, Trustees of Reservations, and others may be included in future discussions as well. 2.Long Pond Committee will be comprised of eleven (9) members, including two (2) Select Board members, one (1) representative from each of the following committees (Open Space Committee, Natural Resources Commission, Affordable Housing Trust, Recreation Commission), and three (3) Brewster (at-large) residents. All members will serve one (1) year terms, subject to annual reappointment on the standard fiscal year cycle. The following committees will identify liaisons to attend these meetings: Finance Committee, Vision Planning Committee, and Water Commission. Other stakeholders invited to participate in these meeting include representatives from MA Audubon and the Brewster Conservation Trust. Additional organizations may be included in future discussions as well. Quarterly meetings of Steering Subcommittees of each committee (composition TBD) are anticipated to ensure close coordination of their work. The work of these committees will be unlike anything the Town has undertaken in terms of their complexity, scale, and scope. With that in mind, your feedback on these initial suggestions regarding committee composition is certainly welcomed. For your December 20 meeting, we will fully develop the committee charges for your consideration and also discuss plans regarding this appointment process. Consistent with our project timeline, once the charges for both committees are approved by the Select Board, we will solicit letters of interest from residents in January. Appointments are expected to be made in February. Kick-off meetings are expected to occur in March, which should coincide with the hiring of the firm(s) who will be supporting their work. 59 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Status Update on Potential Town Acquisition of Cape Cod Sea Camps Properties DATE: October 29, 2021 Following the affirmative votes by Brewster voters at Town Meeting on September 26 and on the ballot measures at the local election on October 5 to acquire both Cape Cod Sea Camps properties, Town Administration continues to work through standard due diligence as outlined in the purchase and sale agreements between the Town and Sellers including 21E site inspections and updated title research. We have also been working closely with our financial advisors to issue the $24M in excluded debt necessary to finance both acquisitions by the November 30 closing deadline. Recognizing residents are interested in understanding next steps leading up to acquisition and shortly thereafter, here is a preliminary project timeline of what is anticipated to occur over the next several months: November 2021 Officially acquire both properties – tentative November 23 closing date Implement interim property management plan and insure properties Continue planning for December 11 Open House for residents at Bay property – make formal announcement, including pre-registration details Re-appropriate $185k in funding for consulting services to support new committees (Special Town Meeting – Article 3) December 2021 Host Open House at Bay property Launch online donation option for residents interested in gifting funds to the Town to help cover acquisition costs Develop and approve charges for new Sea Camps Comprehensive Plan Advisory Committees Begin development of scope of work for consulting services to support new committees Office of: Select Board Town Administrator 60 January 2022 Solicit letters of interest to serve on new committees and begin candidate review process Finalize scope of work for consulting services and issue solicitation February 2022 Appoint members to new committees Review responses to consulting services solicitation and select preferred firm(s) March 2022 Hold first committee meetings and begin determining comprehensive planning timelines and community outreach workplans – probability that Long Pond process will be expedited based on existing uses and definition of proposed partnerships with Brewster Conservation Trust and Mass Audubon Start work on short-term public access plan for Spring 2022 and beyond Review findings of Brewster Elementary School Consolidation Feasibility Study and consider implications on Bay Parcel Comprehensive Planning process 61 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Brewster Select Board FROM: Jill Scalise, Housing Coordinator & Donna J. Kalinick, Assistant Town Administrator for Community Development & Finance RE: Serenity at Brewster, 873 Harwich Road, Update and Local Action Unit Application (LAU) DATE: November 23, 2021 Background: Serenity Brewster is an age 55+ community which will comprise 132 studio and one- bedroom apartments. 20% of the apartments, a total of 27, will be restricted as affordable units for residents at or below 80% of the Area Median Income (AMI). To place the affordable units on the Department of Housing and Community Development’s (DHCD) Subsidized Housing Inventory (SHI), the Town must submit a Local Initiative Program application for Local Action Units (LAU) to DHCD. As with other affordable housing initiatives, the Select Board needs to approve and sign the LAU application. Elevation Financial Group, LLC purchased the vacant, former skilled nursing and assisted living facility at 873 Harwich Road in the Fall of 2020. The property’s original Development of Regional Impact (DRI) from the Cape Cod Commission required 10% of the units to be affordable. Elevation, in response to the Town’s need and desire for affordable housing, made a commitment to designate 20% of the units as affordable and to work with the Town to place the affordable units on the DHCD Subsidized Housing Inventory (SHI). To redevelop the property into Serenity at Brewster, Elevation obtained a Use Variance from the Zoning Board of Appeals (ZBA), completed site plan review with the Planning Board, and received the necessary Town permitting. The building rehabilitation was separated into two phases and Elevation has been working with the Brewster Building Department throughout the redevelopment process. DHCD and the Town agreed to hold the fair housing lottery for the affordable units in Phase 2 of the renovations. Serenity at Brewster opened Phase 1, which included refurbished spacious interior and exterior common areas, on July 1, 2021. The Select Board toured the facility in June. As Office of: Town Administrator Housing Coordinator 62 of September 1, 2021, all 40 studio units were leased, and one administrative unit was being used by staff. Elevation’s website, Serenity Apartments at Brewster (serenitybrewster.com), continues to receive strong interest in the property. The second phase, currently underway, involves the structural reconfiguration of the former skilled nursing home part of the building to create an additional 47 studio and 44 one-bedroom apartments. Elevation hopes to open Phase 2 by the summer of 2022. The ZBA Use Variance for the property includes that 20% of the units will be deed restricted as affordable housing units. The affordable units will be a mix of studio, deluxe studio, one-bedroom and deluxe one-bedroom apartments. The apartment types and proposed rents are listed in the LAU application. A regulatory agreement with Elevation Financial Group, DHCD and the Town of Brewster will govern the affordable housing restriction of the affordable units. Town staff has worked with legal counsel, Elevation Financial Group and Housing Assistance Corporation, who are overseeing the affirmative marketing plan and lottery, to compile the needed information for the Local Unit Application. DHCD recently informed the Town that they will not review the draft regulatory agreement until a completed application is submitted. Requests: For Brewster to submit the LAU application to DHCD, the Select Board needs to: 1. Decide if the Town would like to request from DHCD a local preference during the fair housing lottery performed for the initial lease up of the affordable units. If so, what level of local preference is requested? 2. Review, approve, and sign the LAU application. Local Preference: A municipality may request a maximum of 70% local preference for the initial fair housing lottery. Local preference applies to people presently living or working in Brewster or who have a child attending a Brewster public school. When making a local preference request to DHCD, a municipality must provide documentation, such as data from the Housing Production Plan, to support the request. DHCD makes the decision on any approval of local preference. The draft Local Preference Request Letter is found in Attachment R in the LAU Application. The Housing Partnership and Housing Office recommend that the Town consider a local preference request of 50%. This reflects the need we presently see in Brewster while also considering the housing shortage in our surrounding area, the Town’s commitment to being a welcoming community, and the fact that this property redevelopment does not have any municipal funding. For reference, a 50% local preference would be 14 affordable units. A 70% local preference would be 19 affordable units. Additionally, all 40 Phase 1 market rate studio apartments were leased within two months of Serenity at Brewster’s opening. 7 units, 63 18%, were leased by Brewster residents. 78% of the studios, 31 units, were rented by Cape Cod residents. Possible Motions: 1. Move that the Town of Brewster request DHCD to allow a ___% local preference for the initial fair housing lottery for Serenity at Brewster and authorize Chair Bingham to sign the Local Preference Request Letter. 2. Move that the Select Board approve and authorize Chair Bingham to sign the Local Initiative Program Local Action Unit (LAU) Application, with noted edits, for the 27 affordable units at Serenity at Brewster with the understanding that the draft Regulatory Agreement will need final approval from DHCD, Elevation Financial Group and the Town of Brewster. Included in the Select Board meeting packet is the draft Serenity at Brewster Local Initiative Program LAU application with attachments. A representative from Elevation Financial Group will be attending the Select Board Meeting. We are also available to answer any questions about the Serenity at Brewster redevelopment process and LAU application. 64 Updated January 2016 -1- LOCAL INITIATIVE PROGRAM APPLICATION FOR LOCAL ACTION UNITS Introduction The Local Initiative Program (LIP) is a state housing initiative administered by the Department of Housing and Community Development (DHCD) to encourage communities to produce affordable housing for low- and moderate-income households. The program provides technical and other non-financial assistance to cities or towns seeking to increase the supply of housing for households at or below 80% of the area median income. LIP-approved units are entered into the subsidized housing inventory (SHI) pursuant to Chapter 40B. Local Action Units (LAUs) are created through local municipal action other than comprehensive permits; for example, through special permits, inclusionary zoning, conveyance of public land, utilization of Community Preservation Act (CPA) funds, etc. DHCD shall certify units submitted as LAUs if they met the requirements of 760 CMR 56.00 and the LIP Guidelines, which are part of the Comprehensive Permit Guidelines and can be found on the DHCD website at www.mass.gov/dhcd. To apply, a community must submit a complete, signed copy of this application to: Department of Housing and Community Development 100 Cambridge Street, Suite 300 Boston, Massachusetts 02114 Attention: Rieko Hayashi, Program Coordinator Telephone: 617-573-1426 Email: rieko.hayashi@state.ma.us Local Initiative Program LAU Application for Serenity at Brewster 65 Updated January 2016 -2- Community Support Narrative, Project Description and Documentation Please provide a description of the project, including a summary of the project’s history and the ways in which the community fulfilled the local action requirement. In September 2018 Wingate Companies announced the closure of the Wingate Skilled Nursing and Assisted Living Facility at 873 Harwich Road, Brewster. By August 2019, the 121,096’ building and accompanying on-site wastewater treatment were vacant and unused. From the fall of 2018 to winter 2020 several potential developers unsuccessfully explored the purchase and redevelopment of the property. In May 2020, Elevation Financial Group met with the Town regarding their vision to revitalize the property into a senior independent living community, ‘Serenity at Brewster’, with age 55+ rental housing. The property, previously deemed a Development of Regional Impact (DRI) by the Cape Cod Commission, had a DRI requirement that 10% of the units be affordable. Hearing the Town’s need and desire for more affordable housing, Elevation Financial Group committed to increasing the percentage of affordable units to 20%. In August and September 2020, Elevation Financial presented their proposed project at public meetings of the Brewster Housing Partnership and Brewster Affordable Housing Trust. The responses of both groups were extremely positive. Citing the economic infeasibility and inability of reasonably re-using the property for a use allowed by the Zoning By-Law, Elevation requested a Use Variance from the Zoning Board of Appeals (ZBA) to re-use of the existing building for multifamily dwelling use. The Housing Partnership provided a letter of support (Attachment A) for the Use Variance request. In October 2020 the project received a Use Variance (Attachment B) from the ZBA and completed Site Plan Review with the Planning Board. The building is being redeveloped in 2 phases and the Town has waived the electrical permit fees for the 27 affordable units (Attachments C1,C2,C3). Phase 1 includes 41 studio units, Phase 2 will have 91 apartments, a combination of studio and one-bedroom units. There are also common areas throughout the property such as a library, large living room, lounges, open kitchen, outdoor patios, and gazebo. These areas are available for use by all residents. Signatures of Support for the Local Action Units Application Chief Executive Officer: defined as the mayor in a city and the board of selectmen in a town, unless some other municipal officer is designated to be the chief executive officer under the provisions of a local charter Signature:____________________________ Print Name: Cynthia Bingham Date:__________________ Chair, Local Housing Partnership: (as applicable) Signature:____________________________ Print Name: Jillian Douglass Date:__________________ 66 Updated January 2016 -3- Municipal Contact Information Chief Executive Officer Name Cynthia Bingham, Chair Brewster Select Board Address 2198 Main Street, Brewster, MA 02631 Phone 508-896-3701 Email cbingham@brewster-ma.gov Town Administrator/Manager Name Peter Lombardi Address 2198 Main St., Brewster, MA 02631 Phone 508-896-3701, ext.1128 Email plombardi@brewster-ma.gov City/Town Planner (if any) Name Address 2198 Main St., Brewster, MA 02631 Phone 508-896-3701, ext.1150 Email brewplan@brewster-ma.gov City/Town Counsel Name KP Law, Shirin Everett, Esq. Address 101 Arch St, 12th Floor, Boston, MA 02110 Phone 617-654-1731 Email severett@k-plaw.com Chairman, Local Housing Partnership (if any) Name Jillian Douglass Address Attn. Housing Partnership, 2198 Main St., Brewster, MA 02631 Phone Email ___________________ Community Contact Person for this project Name Jill Scalise, Housing Coordinator & Donna Kalinick, Asst. Town Administrator Address 2198 Main St., Brewster, MA 02631 Phone 508-896-3701, ext. 1169 or ext. 1130 Email jscalise@brewster-ma.gov or dkalinick@brewster-ma.gov 67 Updated January 2016 -4- The Project: Serenity at Brewster Developer Name Elevation Financial Group, LLC, Stuart Heaton Ex. Vice President & COO Address 201 E. Pine St., Suite 200, Orlando, FL 32801 Phone 407-215-1353 Email sheaton@elevationfinancialgroup.com Is your municipality utilizing any HOME or CDBG funding for this project? Yes X No Local tax rate per thousand $ 7.85 for Fiscal Year 2022 Site Characteristics Project Style Total # of Units # of Units Proposed for LAU Certification Detached single-family house ________ ________ Rowhouse/townhouse ________ ________ Duplex ________ ________ Multifamily house (3+ family) ________ ________ Multifamily rental building 132 27 Other (specify) ________ ________ Type of Unit: Condo Ownership Fee Simple Ownership Rental # of Units # of BRs # of Baths Gross Square Feet Livable Square Feet Proposed Sales Prices/ Rents Proposed Rents with utilities fee ($150- $180) Affordable: Studio 15 - 1 285-408 $1,111 $1261 Deluxe Studio 2 - 1 462-464 $1,161 $1,311 1-Bedroom 9 1 1 491-614 $1,186 $1,336 Deluxe 1-Bedroom 1 1 1 871 $1,211 $1,361 Market: Studio 60 - 1 299-479 $1,266- $1,466 $1,416- $1,616 Deluxe Studio 11 - 1 416-572 $1,316- $1,516 $1,466- $1,666 1-Bedroom 33 1 1 476-810 $1,551 $1,731 Deluxe 1-Bedroom 1 1 1 832 $1,601 $1,781 68 Updated January 2016 -5- Please attach the following documents to your application: 1. Documentation of municipal action (e.g., copy of special permit, CPA funds, land donation, etc.) (Attachments A, B & C1,C2,C3) 2. Long-Term Use Restrictions (request documents before submission): For ownership projects, this is the Regulatory Agreement for Ownership Developments, redlined to reflect any proposed changes and/or the model deed rider. For rental projects, this is the Regulatory Agreement for Rental Developments, redlined to reflect any proposed changes. (Attachment D in process- legal review and discussion) For HOME-funded projects, this is the HOME covenant/deed restriction. When attaching a HOME deed restriction to a unit, the universal deed rider cannot be used. 3. Documents of Project Sponsor’s (developer’s) legal existence and authority to sign the Regulatory Agreement: • appropriate certificates of Organization/Registration and Good Standing from the Secretary of State’s Office (Attachments E-H) • mortgagee consents to the Regulatory Agreement (Attachment I) • trustee certificates or authorization for signer(s) to execute all documents (Attachment J) 4. For Condominium Projects Only: The Condominium master deed with schedule of undivided interest in the common areas in percentages set forth in the condominium master deed 5. For Rental Projects Only: A copy of the Local Housing Authority’s current Utility Allowances – (Attachment K) 6. Massachusetts Environmental Policy Act (MEPA) environmental notification form (ENF) – for new construction only (request form before submission) 7. Affirmative Fair Marketing and Lottery Plan, including: (Attachments L-R) • ads and flyers with HUD Equal Housing Opportunity logo (Att. L) • informational materials for lottery applicants (Attachment M) • eligibility requirements (Attachments M & P) • lottery application and financial forms (Attachments M & N) • lottery and resident selection procedures (Attachments O & P ) 69 Updated January 2016 -6- • request for local preference and demonstration of need for the preference (Attachment R) • measures to ensure affirmative fair marketing, including outreach methods and venue list (Attachment O) • name of Lottery Agent with contact information (on lottery documents) See Section III of the Comprehensive Permit Guidelines at www.mass.gov/dhcd and search for LIP 40B Guidelines for more information. PLEASE CONTACT RIEKO HAYASHI OF OUR OFFICE AT 617-573-1426 IF YOU HAVE ANY QUESTIONS. 70 Updated January 2016 -7- List of Attachments for Serenity at Brewster LAU Application Attachment A - Letter of Support from Brewster Housing Partnership 8.27.20- Attachment B- ZBA Use Variance Decision 10.19.20 Attachment C1- Waiver of Fees Select Board (09.13.21 Select Board Minutes) Attachment C2- Select Board Fee Waiver Policy, updated December 2020 Attachment C3- Fee Waiver Request 09.03.21 Attachment D- Regulatory Agreement (draft, waiting on review by DHCD) Attachment E- Articles of Organization, The Elevation at Brewster, LLC. 11.05.20 Attachment F- The Elevation at Brewster, LLC Certificate of Existence 11.24.20 Attachment G- Certificate of Good Standing OPEN (Update in process) Attachment H- The Elevation at Brewster, LLC Operating Agreement. 11.05.20 & First Amendment to the Operating Agreement. 07.14.21 Attachment I- Mortgagee Consents to Regulatory Agreement- OPEN (Need final Regulatory Agreement from DHCD first) Attachment J- Written Consent Resolution (In process) Attachment K- Barnstable Utility Allowance (2/2021 Update) Affirmative Fair Marketing and Lottery Plan Documents: Attachment L - Draft Serenity at Brewster flyers Attachment M- Draft Serenity at Brewster information materials & application Attachment N- Description of financial forms needed Attachment O- Lottery procedures, including fair marketing and outreach methods Attachment P- Serenity at Brewster Tenant Selection Plan Attachment Q- Serenity at Brewster Renovation Plan with affordable housing units Attachment R- Request for local preference (draft, finalized after Select Board vote) 71 Attachment A – Letter of Support from Brewster Housing Partnership 8.27.20 72 Brewster Housing Partnership 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 August 27, 2020 Brewster Zoning Board of Appeals Brewster Town Offices 2198 Main Street Brewster, MA 02631 RE: General Comments in Support of the Elevation Financial Group Project Office of: Select Board Town Administrator SEP 2 2020 The Brewster Housing Partnership would like to provide general comments of support to the Zoning Board of Appeals, related to the Elevation Financial Group's potential project at the former Wingate property. In August 2020, Elevation Financial Group, represented by Stuart Heaton, Diane Pisciotta, and Ben Friedman, met with the Housing Partnership presenting some general information on their organization and their initial thoughts concerning a potential redevelopment project at the Route 124 property.. While there is still more information and analysis required, based on the information provided to date, the Housing Partnership believes that this project would be of benefit to the Town of Brewster and nicely aligns with the goals outlined in the Town's Housing Production Plan. As noted in the Housing Production Plan, there is a lengthy waiting list for senior apartments owned by the Brewster Housing Authority. In addition, Brewster's population continues to age and there has been growth in demand for affordably priced apartments which will place further stress on the current small inventory of elderly housing. The project may meet the following Town goals outlined in the Housing Production Plan: • Increase the supply of year-round market-rate and affordable rental housing for all types of households, such as young singles and couples, families, and seniors. • Create housing that is affordable and appropriate for very low-income seniors and people with disabilities. • Provide at least 10 percent of Brewster's year-round housing units as affordable housing in order to meet local and regional needs. The current proposal, which would create 134 new housing units includes a commitment to 20%, or 27, affordable units. We believe the ability of the project to work with the Town to add these affordable units to the Town's Subsidized Housing Inventory will be an important component of the project. 73 We appreciate your work to date on the Town's housing initiatives and hope this project will receive favorable consideration for the reasons outlined above. The Housing Partnership will continue to evaluate the proposal and project as additional information becomes available. Sincerely, ( Ralph Marotti Chair, Brewster Housing Partnership 74 Attachment B- ZBA Use Variance Decision 10.19.20 75 - 1 - Town Of Brewster Zoning Board of Appeals 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 ext. 133 FAX (508) 896-8089 Appeal No. 20-12 October 19, 2020 Applicant/Owner: Elevation Financial Group, LLC (represented by Attorney David Lawler and Attorney Andrew Singer) Location: 873 Harwich Road, Route 124 Map/Lot: Map 63 Lots 13, 14, and 15 (being combined to Lot 15) Book/Page: Book 32691, Page 302 Application: The Applicant seeks a Variance under MGL 40A, Section 10 and Brewster Zoning By-Law ["Zoning By-Law"] Section 179-52 from the provisions of Sections 179-10, 179-11, Article VII, and Table 1 of the Zoning By-Law, to allow the existing building and site improvements at the property to be re-used as a senior, Age 55+, independent living, multifamily dwelling and modify the existing parking, all is shown on the submitted plans. Members hearing this application: Brian Harrison, Arthur Stewart, Patricia Eggers, Jean Kampas, and Jeff Carter. The Board found the following: a. The Property is located at 873 Harwich Road, Route 124, Map 63 Lots 13, 14, and 15 (being combined to Lot 15), in an RL (Residential Low Density) zone in the Town of Brewster. b. The Applicant, Elevation Financial Group, LLC, seeks a use variance under MGL 40A, Section 10 and Brewster Zoning By-Law Section 179-52, to re-use the existing 121,096± sq. ft. building, wastewater treatment facility, and site improvements as a senior, Age 55+, independent living, multifamily dwelling property. The former use of the Property was as a skilled nursing home and assisted living retirement community. c. Mr. David Lawler of the Law Offices of David V. Lawler, PC, and Mr. Andrew Singer of the Law Office of Singer & Singer, LLC; Mr. David Michniewicz of Coastal Engineering Co. Inc.; Mr. Ian Anderson of pli7 Architects; Mr. David Hawk of Hawk Design Inc.; Mr. ZBA Decision 20-12 Elevation Financial Group, LLC 76 - 2 - Randy Hart of VHB; and Mr. Michael King and Chris King of Elevation Financial Group, LLC, presented the case for a variance. d. The Applicant's proposal will result in a decrease in the number of rental units and beds on the Property from 154 units/231 beds existing down to 134 units/138 beds proposed with a mix of studios, one-bedroom units, and two-bedroom units. The existing parking area will be upgraded to provide a conforming and adequate number of parking spaces (190) for this new, less intensive, residential use of the Property. Twenty percent (20%) of the units will be deed-restricted as Affordable Housing units and the remainder of the units will be priced at a more reasonable and affordable level in line with the Applicant's history of creating and operating such housing. e. In addition to the forty percent (40%) reduction in the residential bedroom density as well as thirteen percent (13%) reduction in the overall number of units on the Property, the Traffic Memorandum prepared by VHB, Inc., documents that there will be a significant reduction in overall traffic flow as well as during peak periods. The facility will remain significantly screened from Route 124 and neighboring properties as existing and to be upgraded as shown on the Landscape Plan. The proposed redevelopment involves mostly minor new site disturbance at the Property, and upland open space and total open space on the almost ten-acre parcel will remain in compliance with all prior decisions. f. The existing building, which is in good overall shape, but is tired, will receive a substantial exterior, aesthetic upgrade. This includes removing the existing front porte cochere, while retaining the same at the entrance at the north end of the building. The redevelopment will breathe new life into and fully occupy what is believed to be the largest vacant space within the Town. Building coverage (14.3% proposed; 20% allowed) and site coverage (35.6% proposed; 40% allowed) will each remain conforming. g. The on-site wastewater treatment plant will continue to service the residential units, and no new activity is proposed within the 100 ft. buffer to the wetland at the center of the Property. Lighting will comply with the Town of Brewster lighting regulations, and there will be no negative change in artificial light, noise, litter, and odor. Re-using the existing building and site as proposed is compatible with the neighborhood, and the proposal will not create any nuisance, hazard or congestion or any harm to the neighborhood or neighboring properties; and the proposal will provide a quiet and attractive, needed housing option that will be a benefit for the Town and the community. The Brewster Housing Partnership submitted a letter in support of the proposed redevelopment. h. The most unique aspect of the site is the now empty, more than 121,000 sq. ft., two- story building sitting on the land. The bones of the building are in good shape and do not need to be razed and replaced, but the building's useful life, one it provided for decades as a residential care facility, is over. The Applicant wants to continue residential use, though for residents who do not require care as is provided at other ZBA Decision 20-12 Elevation Financial Group, LLC 77 - 3 - facilities in Town. Given the size of the building, its shape, its method of construction, its orientation on the Property, the historical development of the land, including the parking layout and design, as well as the existence of a significant depressed wetland ion the middle of the land separating the activity on the site from the septic leach field for the wastewater treatment plant, re-using the Property and the now-vacant building for a use allowed by right or special permit in the Zoning District is infeasible and economically untenable. The Applicant submitted a Summary of Reasoning, supplemental letter dated September 29, 2020, articles, a spreadsheet, and additional information documenting the economic infeasibility and inability of reasonably re-using the Property for a use allowed by the Zoning By-Law, including without limitation subsidized elderly housing and institutional uses, among others. The Applicant submitted evidence documenting efforts to find potential parties interested and willing to redevelop and re-use the Property over a sixteen-month period as well as information as to the Town's valuation of the Property. Demolishing the existing building and large (and relatively new) septic leach field that surround the depressed wetland for single-family housing is not feasible and would result in significantly greater impact to the land and neighborhood than the proposal. i. All of the foregoing conditions relating to the land and structures do not generally affect other lots in the district and are such that a literal enforcement of the Zoning By-Law results in substantial practical and financial hardship. Further, as a result of these conditions related to the land and structures, the intent and purpose of the Zoning By- Law will not be nullified or substantially derogated by the requested use variance and there will be no substantial detriment to the public good from issuing the requested relief. Plans submitted includes a detailed 1) Overview Site (Sheet C2.1.0) and Plan Showing Proposed Site Modifications (Sheet C2.1.1) prepared by Coastal Engineering Co., Inc., dated 7/29/2020 and revised 10/8/2020; 2) Landscape Plan prepared by Hawk Design, Inc., dated 07/27/2020 (Sheet L1.0); and 3) Elevations and Floor Set prepared by pH7 Architects, dated 07/31/2020 (Sheets 00-09). k. There was discussion between and among the Board members and Applicant and discussion of questions posed by a member of the public. 1. The Board, having deliberated on these matters and having considered all of foregoing, as well as the written documentation, input, and testimony of, among others, the Applicant, its counsel, architect, and engineer, as well as abutters, and the Board's knowledge and familiarity with the site at issue and the surrounding zoning district, hereby finds and concludes that the proposed project meets all of the variance criteria, namely: (1) a literal enforcement of the provisions of the Zoning By-Law would involve substantial hardship, financial or otherwise, to the Applicant; (2) the hardship is owing to circumstances relating to the shape and/or topography of the locus and structures and especially affecting such land and structures but not affecting generally the zoning district in which it is located; and (3) the variance may be granted without substantial ZBA Decision 20-12 Elevation Financial Group, LLC 78 - 4 - detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. The Board voted unanimously on a motion by Arthur Stewart and seconded by Patricia Eggers to APPROVE the Variance in accordance with MGL 40A-10 and Brewster Zoning By-Law Section 179-52 from the provisions of Sections 179-10, 179-11, Article VII, and Table 1 of the Zoning By-Law, to allow the existing building and site improvements at the Property to be re-used as a senior, Age 55+, independent living, multifamily dwelling and modify the existing parking. The granting of this petition shall in no way be construed by any person(s), whether private citizen or public official(s), to be a variance, permit or license beyond the statutory provisions of the laws of the Town of Brewster or the Commonwealth of Massachusetts, except as herein above approved and set forth by the Zoning Board of Appeals at a public hearing. Special Permits and Variances granted by the Board of Appeals DO NOT TAKE EFFECT until the twenty (20) day appeal period has expired and the documents have been recorded with the Barnstable County Registry of Deeds. The Variance shall expire one year from the date of release of the Town Clerk following the appeal period if the Variance is not exercised. If in the future, it develops that the activities or conditions permitted pursuant to this Variance have not complied with terms of the permit, the Zoning Board of the Town of Brewster shall have the right, on its own initiative to open a modification of the hearing to resolve those issues. Brian Harrison - Chairman This decision is filed with the Town Clerk, Town of Brewster on QCJ cZ3 cCQ Cdk ri± UOW401)40 Town Clerk The twenty-day appeal period has lapsed the /41ay of Op‘o appeal has been filed o an appeal has been filed on Town Clerk 2020, ZBA Decision 20-12 Elevation Financial Group, LLC 79 Attachment C1- Waiver of Fees Select Board (09.13.21 Select Board Minutes) 80 E DERQF9 '°%% Town of Brewster office of the : z Q F A = 2198 Main Street Select Board o Brewster, MA 026314898 Town Administrator Phone : (508) 896-3701 Fag : (508) 896- 8089 Ap MINUTES OF THE SELECT BOARD REGULAR SESSION MINUTES DATE : September 13, 2021 TIME : 6 : 00 PM 1 l: T Irl ) C 'I p2jip PLACE : Remote Participation REMOTE PARTICIPANTS : Chair Bingham , Selectperson Whitney, Selectperson Chaffee , Selectperson Hoffmann , Selectperson Chatelain , Town Administrator Peter Lombardi , Assistant Town Administrator Donna Kalinick, James Gallagher, Frank Bridges, Alex Hopper, Anne O' Connell , Bill Meehan , Andrew Evans , Pete Dahl , Robert Tobias, Robert Young, Jay Packett, Mimi Bernardo, Andrew Johnson , Wyn Morton , Jeff O ' Dell , David Valcourt, John Kissida , Colin Walsh , Richard Singer, Barry Frank, Andrea Johnson Call to Order & Declaration of a Quorum , Meeting Participation Statement and Recording Statement Chair Bingham called the meeting to order at 6 * 00pm . A quorum was declared , all Select Board members present were announced , Chair Bingham read the meeting participation and recording statements . Public Announcements and Comments Chair Bingham read the Proclamation on National Suicide month . Town Administrator' s Report Peter Lombardi provided a brief report regarding Covid49, the county positive case rates continue to be elevated , well after the containment of the Provincetown cluster that caused the initial spike . In Brewster our cases remain elevated as well , we see about 10 - 15 new cases each week, which has been consistent for the past few months . Adding that of those new cases, about half of them are in fully vaccinated residents . Several weeks ago, a mask advisory was put inp lace in Town Buildings which remains in place . A Statewide mask mandate in schools was imposed by the Department of Elementary and Secondary Education through at least through October 1 , 2021 . Consent Agenda Meeting Minutes : June 2, August 9 , and August 23 , 2021 Request for Permit Fee Waivers : Electrical Permit Fees for 27 affordable housing units, Serenity Apartments Phase 2 Renovations ( Brattan Industries, Inc . ) ; Gas and Electrical Permit Fees for 33 j housing units in Buildings 30 and 40 at Brewster Woods ( Gray Co . )s I Acceptance of Gift : Natural Resources Department t Appointments : Probationary Police Office & Keeper of the Lockup - Tyler M . Dow; Council on Aging- Janet Stolzer; Golf Commission - Rob David ; Old Kings Highway Historic District Committee - Tom Turketta ( builder ) Drummer Boy Park Facility Use Approval : 2 Wedding Ceremonies BoS 9 . 13 . 2021 www . brewster- ma . gov Page 1 of 10 i Doc ID : 1785779aa81e1a33a5b30e8884ea1d3ca343deb0 l I I81 p\\\\\ 1111111 I I I I I I l l llll eg041 , Town of Brewster office of the : 5`' S °* 2198 Main Street Select Board M aTown Administratoro °a Brewster, MA 026314898 Phone : (508) 896-3701 Fax : (508) 896- 8089 fp R ' 9R' o'C nnu1111W a\ Facility Use Approval ; Community Service Beach Clean up Request for One- Day Liquor Licenses : Brewster Chamber of Commerce Inc . , Brewster Sportsman ' s Club, and Chatham Bars Inn Farm Special Event Application , One - Day Liquor & One - Day Entertainment License : Camp Mitton One Day Entertainment License : POAH Communities/ Kings Landing Selectperson Chaffee commented that she is prepared to vote in support of all the items but will abstain from consideration of the appointment of Tom Turketta to the Old Kings Highway Historic District Committee since he does work for her family . Selectperson Hoffmann would vote in favor of all items, would like to note the contingencies in the Special Event application for Camp Mitton , in terms of required completion of permits and inspections with other Departments . Selectperson Chatelain moved to approve the consent agenda . Selectperson Whitney second . A roll call vote was taken . Selectperson Hoffmann -yes, Selectperson Chaffee-yes ( with one abstain on the appointment ), Selectperson Whitney-yes , Selectperson Chatelain -yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0- No . Refer Vesper Pond Neighborhood Private Road Betterment Petition to Planning Board Mr . Lombardi stated this project has been long in the making, recently a vote was taken by the residents in the neighborhood . There had been an earlier vote that triggered some of the bylaw amendments that were approved in May at Town Meeting, but they went back and had a follow up vote, and the results were supportive in moving forward . Submitted all the required materials, this is the next step, for the Select Board to refer the matter to the Planning Board , who then holds a hearing and makes a determination to approve the plan as presented , to modify the plan or deny the plan . From there, a second confirmatory proxy vote is taken where the residents will again have the opportunity to vote again . From there assuming the votes are secured , it would move forward for consideration at Town meeting . We had hoped to bring it forward by the November Town meeting, but with the delays in our bylaw amendments by the Attorney Generals office, this pushed the whole timeline back . The plan is to bring this to Town Meeting in May . Selectperson Chaffee moved to refer the Vesper Pond Neighborhood Private Road Betterment Petition to the Planning Board . Selectperson Chatelain second . A roll call vote was taken . Selectperson Whitney-yes, Selectperson Whitney-yes, Selectperson Chaffee -yes, Selectperson Hoffmann -yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0- No . Refer Proposed Amendments to the Water Quality Protection District Bylaw to Planning Board Selectperson Hoffmann moved that we refer the proposed amendments to the Water Quality Protection District Bylaw back to the Planning Board , Selectperson Chatelain second . A roll call vote was taken . Selectperson Chaffee -yes, Selectperson Chatelain -yes, Selectperson Hoffmann -yes, Selectperson Whitney- yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0 - No . Discuss and Vote on Upcoming Public Meeting Schedule / Format for Town Committees BoS 9 . 13 . 2021 www . brewster- ma . gov Page 2 of 10 Doc ID : 1785779aa81e1a33a5b30e8884ea1d3ca343deb0 82 n oEw'e 4$" Town of Brewster office of the . 64 2198 Main Street Select Board Town Administratoro , 9 Brewster, MA 026314898 Phone : (508) 896-3701 t. S4S Fax : (508) 896-8089 iiiiinI giini Mr . Lombardi reminded us that in June we decided on an approach with Boards and Committees that many would continue to meet remotely, some were given the opportunity to meet in person or hybrid participation for July, August and September .Looking forward to October and with the current status of Covid , we are prorposing to continue with the current format through at least October with a revisit in November .Generally speaking, all but a few Committees are meeting remote . Selectperson Chatelain acknowledged the additional work that remote meeting causes the Town staff and thanked them for their patience and diligence in getting it done . Mr . Lombardi addressed the technology equipment that is to be installed in Room B, we are still waiting to hear when that will be installed from the contractor . Selectperson Chaffee noted what a challenge this has been and noted that she received the latest Barnstable County Covid data that shows we are now in wave 4 of the pandemic; this type of meeting management is still required . Selectperson Chatelain moved to adopt the virtual meeting format as proposed for the month of October . Selectperson Whitney second . A roll call vote was taken . Selectperson Hoffmann -yes, Selectperson Chaffee - yes , Selectperson Whitney-yes, Selectperson Chatelain -yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0- No . 6 . 15 Public Hearing : Fiscal Year 2022 Tax Rate Classification Hearing, Discussion , and Vote - Deputy Collector James Gallagher Mr . Gallagher presented the FY22 Tax Rate classification hearing and acknowledged the Board of Assessors . Some of the key points of the presentation are : This annual hearing determines whether to shift a portion of the tax burden from one class of property to another . The final assessed values by class were submitted to Department of Revenue ( DOR ) and approved on August 18th, 2021 . The maximum allowable levy is calculated by taking levy limit, adjusted by amended growth and increased by 2 . 5 %, then add FY22 new growth , add debt exclusions and Cape Cod Commission assessments . The total maximum allowable levy for FY22 is roughly $ 38 million . The FY22 excess levy capacity is just under $ 20, 000 . This is the difference between the actual levy and the maximum levy . Overall total assessed value for FY22 is just over $ 4 . 8 billion , this is an increase of value of 13 . 7% over the FY21 total . The largest class is residential with a value of $ 4 . 5 billion . The increase in value is due to the improving real estate market and new property growth . This fiscal year was a recertification year with the DOR . All property sales were reviewed from the previous calendar year and the assessment to sale ratios was analyzed . Real estate has changed dramatically in calendar year 2020 . In the beginning properties were selling for 5 % over assessed value, due to the effects of the pandemic, by the end of the year properties were selling for 30 % over assessed value . BoS 9 . 13 . 2021 www . brewster- ma . gov Page 3 of 10 Doc ID : 1785779aa81e1a33a5b30e8884ea1d3ca343deb0 83 pW eAF9'''%; Town of Brewster office of the : SQ` 4 ° 2198 Main Street Select Board x Nm? q Town Administrator Se Brewster, MA 026314898 Phone : (508) 896-3701 Fax : (508) 896- 8089 FtAl 1 801 For the Assessing Departments analysis for the 2020 calendar year, the result was a general adjustment of 15 % in assessed land and building values of residential properties for the fiscal year . Levy percentages in estimated tax rates were presented : o Residential class makes up 94 . 5 % of the levy o Commercial , Industrial and Personal Property make up the remaining 5 . 5 % Based on the total assessed value and estimated tax levy the single tax rate would be $ 7 . 85 per thousand , a decrease of $ . 73 per thousand from FY21 , an 8 . 5 % decrease in tax rate . Tax rate impact on median single -family home : Fiscal Year 2021 Fiscal Year 2022 Home Value 461, 500 532, 000 Tax Rate 8 . 58 per thousand 7 . 85 per thousand ( estimated ) Tax Bill 3 , 959 . 67 4, 176 . 20 ( estimated ) Tax Levy shifting options- The Board of Assessors recommend maintaining a single tax rate amongst the property classes and not to adopt any discounts or exemptions . o Option 1 : Split Tax Rate Would shift the tax burden from the residential and open space class ( RO ) of property to the commercial , industrial , and personal property class ( CIP ) . A shift of less than 1 results in residential properties subsidizing commercial properties . A shift of greater than 1 result in commercial properties subsidizing residential properties . A split tax rate has a much greater effect on commercial property than residential property . Board of Assessors recommend a residential factor of 1 , which is no shift or split tax rate . o Option 2 : Open Space Discount This option would reduce the open space tax rate and increase the residential tax rate . The assessors do not currently assess open space properties in the Open Space Class, so this discount is not currently available . Open space parcels are generally assessed in the residential class or are tax exempt . In FY2021 only 17 of the 351 Mass communities used the open space class, only 1 of those 17 adopted an open space discount ( Nantucket ) . The Board of Assessors recommend not to grant an Open Space Discount . o Option 3 : Residential Exemption Increases the residential tax rate , a reduction of value is applied to primary residents and the burden shifts to non - residents .Currently estimated at 53 % residents and 47 % non - residents . Estimated that there are 60 more primary residents then there were last year . 15 out of 351 communities adopted the residential exemption in FY2021 BoS 9 . 13 . 2021 www . brewster- ma . gov Page 4 of 10 Doc ID : 1785779aa81eIa33a5b30e8884ea1d3ca343deb0 84 4t Town of Brewster Office of the . 0 fo 'ELDER`eq pop Select Board2198MainStreet oSUQ MN9 1 Brewster, A 026314898 Town Administrator 007r t' Phone : (508) 896-3701 Fax : (508) 896-8089 e 4VCORPORA llU/ llllllllllop llllllUVA The residential exemption calculation slide shows that adopting this exemption would increase the estimated tax rate based on the eligible parcels . With a residential exemption the greater tax savings is for the lower assessed properties, there is also a breakeven point, ( above a certain assessed value would see an increase in taxes even if receiving the exemption ) for FY22 this would be just under $ 1 . 2 million . The Board of Assessors recommend not to adopt a Residential exemption . o Option 4 : Small Commercial Exemption Would increase the tax rate for commercial and industrial properties, a small selection of eligible properties would receive the exemption and the burden shifts to all other commercial and industrial properties . The exemption would only apply to businesses with no more than 10 people and an assessed value of less than $ 1 million . Exemption would only be benefitting the property owner, no direct benefit to the business if leasing the property . 242 small business in town with under 10 employees, only 36 are located on commercial properties . Only 14 MA communities have adopted this exemption The Board of assessors recommend not to grant a small commercial exemption . Selectperson Hoffmann questioned if the decrease in our single tax rate of $ . 73 , is this typical ?Mr . Gallagher responded this is mostly driven by a large increase in value, which was larger than the average year . This is the largest decrease in tax rate in 10 years . Chair Bingham clarified that as your house value goes up, your tax rate goes down . Mr . Gallagher responded that the tax rate is calculated by the total tax levy, divided by the total value across town . In this year, the total values increased faster than the tax levy and so we get a lower tax rate . There were no public comments . Selectperson Whitney move to continue to use a residential factor of " 1 ; not to grant an Open Space Discount, not to grant a Residential Exemption ; not to grant a Small Business exemption . Selectperson Chatelain second . A roll call vote was taken . Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Whitney-yes, Selectperson Chatelain -yes , Chair Bingham-yes . The . Board vote was S -Yes, 0 - No . Status Update on Potential Acquisition of Cape Cod Sea Camps Properties Mr . Lombardi announced the Special Town meeting will be held on Saturday September 25 , 2021 , at 10am , with check in at gam .Rain date is Sunday September 26, 2021, at fpm with check in at 12pm . Copies of the warrant are available on the website and in person at the Town Hall and the Ladies Library, an insert will be in the Cape Codder this Friday .Mr . Lombardi reminded us that the Town held a virtual public forum on August 17th that provided significant details on the two Sea Camp properties and the plans to give residents the opportunity to acquire one or both properties . While there was considerable time spent on eminent domain , it was made clear that a negotiated sale was the preferred course of action . Mr . Lombardi is thrilled BoS 9 . 13 . 2021 www . brewster- ma . gov Page 5 of 10 Doc ID : 1785779aa81e1a33a5b30e8884ea1d3ca343deb0 85 Town'of Brewster Office of the : 2198 Main Street Select Board Town Administrator o CO - Brewster , MA 026314898 Phone : (508) 896-3701 Fax : (508) 896-8089 PCs, I I t I I I I I I I I I I I1U1\\\\\\\\\\\\ to share that the Town has achieved a negotiated sale with the Sea Camps to purchase both properties . Adding that with Town meeting less than two weeks away, the Select Board and Town Administration will be hosting a second virtual public forum on Friday September 17, 2021, at 6pm .Format will be the same as the first forum and live broadcast on Channel 18 . The intent is to help get residents up to speed on the latest developments, there will also be a Q & A session . A link to the forum and copy of the presentation will be available on the website after the forum . Mr . Lombardi noted that the tax revenue implications if the Town were to acquire these properties has been discussed . Noting that the Sea Camps currently pay about $ 85 , 000 in property taxes . Continuing that effectively the $ 11 million in valuation of these properties would be deducted from the total valuation that were presented earlier, the net effect would be a $ . 02 per thousand increase on the tax rate . The Town won ' t see any decrease in tax revenues, but the tax rate would be adjusted up accordingly if the articles were to be approved , separate from the actual costs of financing the acquisitions . Present and Discuss Facilities and Operations Review of the Captains Golf Course - National Golf Foundation (Joint Meeting with the Finance Committee and Golf Commission- 6 : 30pm Anticipated Start Time ) Golf Commission Chair, Anne O' Connell called the meeting to order and declared a quorum . All Golf Commission members present were announced , Andrew Johnson , Wyn Morton , Jeff O ' Dell , and David Valcourt . (John Kissida joined later ) Finance Committee Chair Pete Dahl called the meeting to order, conducted roll call and declared a quorum . All Finance Committee member present were announced , Frank Bridges, Bill Meehan , Andrews Evans, Alex Hopper, Robert Tobias, Robert Young . Richard Singer and Barry Frank from the National Golf Foundation ( NGF ) joined the meeting and presented the Facility and Operations Review PowerPoint . The NGF travels all around the country reviewing municipal golf courses . An industry leader in municipal golf, providing reviews of golf facilities and presenting ideas and recommendations .Most important, they are a truly independent company that is strictly an information provider . The NGF provided a review of the operation of the club, physical and economic condition of the club and market environment review . The result is recommendations to improve the overall operations and economics of the facility, long -term plan to improve the golf course and recommendations for future capital investments . Some of the key points of the presentation include ( the presentation is provided in the packet ) : Outstanding facility, good quality public access facility . Great flexibility and market presence . Some need of capital improvements in the next 10 years to help sustain the property and keep as a competitive golf facility . A Town operated facility with the highest level of service and facility quality . No other alternatives of operation structure that would put the Town economically in a better position . Applaud Jay Packett and his staff for their assistance in conducting the analysis . Marketing and technology could be improved . BoS 9 . 13 . 2021 www . brewster- ma . gov Page 6 of 10 Doc ID : 1785779aa81e1a33a5b30e8884ea1d3ca343deb0 86 14141111 I I 11111111//ll///j Town of Brewster office of the : O isoF 9F ,, zaQ O', 2198 Main Street Select Board o 9 : Brewster, MA 026314898 Town Administrator Phone : (508) 896-3701 Fax : (508) 896-8089 Strong golf demand on the Cape, but there are may golf courses available , the visitor population will need to be captured to sustain operations . Enhancements in marketing, property quality and technology will need to be addressed . Captains Golf Course is well positioned in comparison to its immediate competition as it is the only 3 & hole public facility . Revenues are exceeding expenses, which is not common in municipal golf, may not be sufficient to fund some capital items . NGF Recommendations : o Outsource the food and beverage operations as a 3rd party concession . o Improving website, social media , utilize the point- of- sale system , email communications with customers and keeping up with fees ( increase 2 % per year moving forward ) . o Implement a strong junior golfer program and player development programs . o 9 . 5 million in capital items spread out over 10 years that are important for the Town to invest in . The most important is the irrigation system , a mission critical system for a golf facility ( about $ 4 . 5 million of all capital upgrades that have been identified ) . o Maintenance buildinganother key item for improvement, updating items on the golf course in the cosmetic area . o Tees, cart paths , repairs to the club house, appearance of the theme that need to be upgraded and improved . o Significant detail is provided in the report, which is in pages 22 - 27 of the report . Projection of future performance of Captain ' s Golf Course was completed , one main thing was that for many years leading up to FY21, for many years carried a $ 840, 000 debt service which is now paid off. Provides an opportunity for new funds available for the capital upgrades . Year to year basis the performance of the golf course should be sufficient to cover most of the smaller capital pieces . The large pieces will not be covered by operations and will require other funding sources . In summary there is a belief that the Town needs to commit to the capital projects that were identified by NGF, the property needs it in order to maintain sustainability . Frank Bridges commented that he thinks the report tells a lot about what we already know about the golf course , it is a good municipal golf course, that he would like to see better . Mr . Bridges doesn ' t think the report focused on the things the golf course really needs to do to be viable organization 1045 years down the road . Adding that he believes what is happening is the base population is aging and the youth population is growing smaller . Noting that our property valuations have increased in the last year . Mr . Bridges state there is no strong junior golf program , and we have terrible practice facilities that we get complaints about from people not from this area . He did note that we have a 3 & hole golf course which is a fantastic value . Mr . Bridges thinks that we should be channeling funds into improving our practice and instructional facilities and attracting people from outside of Brewster . BoS 9 . 13 . 2021 www . brewster- ma . gov Page 7 of 10 Doc ID : 1785779aa81e1a33a5b30e8884ea1d3ca343deb0 87 1\01111 I I I I I f I I 111111//j/ oW e'F9''%%, Town of Brewster office of the . 4 sr 2198 Main Street Select Board q mal Town Administratora9 , Brewster, MA. 026314898 Phone : (508) 896-3701 Fag : (508) 896-8089 runirin19 toilil\\\\\o\O\ NGF replied that Mr . Bridges made some good points , and for the most part these are in the report, maybe not the extent mentioned .One concern is the disjointed nature in which the facility is laid out, where the driving range is and access to it .Regarding the importance of a junior program , there is a par 3 in Sandwich , owned and operated by a pair of PGA pros , it might be worth getting some intelligence on their operation . The distance between the two locations may negate the competitive nature . There are plenty of ideas that can reviewed and decided with the distribution of funds . William Meehan , member of the Finance Committee as the liaison assignment to the Golf Commission and is very familiar with the operations of the golf course . Mr . Meehan stated that the report was excellent, comprehensive , and looked carefully and closely at the golf course . Adding as to the practice facilities, he agrees they need improvement, but we need to keep in mind that Captains has a list of projects for capital expenditures and some items, in his view, are more essential .Regarding youth programs, Mr . Meehan pointed out that as the consultants say in the report that the average age is high and increasing, while we should invest in youth programs, but would not expect a whole lot of youth players . Mr . Meehan believes the recent success of Captains is not accidental and not primarily attributable to the pandemic, but because we have clearly a superior facility . Adding the recommendations by NGF are spot on . Andy Evans thanked the consultants and added that he is very interested in the junior golf program as he believes it is critical to our success going forward . Alex Hopper, thanked the consultants for their reports, stated that he is hesitant to spend any additional funds outside of the immediate capital projects, particularly to junior golf programs as he doesn ' t see there is the demand . Adding that spending the money to improve the facilities will ensure that the golf course continues to be asset for the Town . Robert Tobias commented he enjoyed reading the report and the details , adding that it makes sense that we need to reinvest in the facility for our Town .Mr . Tobias pointed out that the content surrounding the supply and demand balance is interesting as the golf course would have to continue to balance access for visitors with access for residents and annual fee members . He had one question regarding the financials on slide 11 and page 7 of the report . NGF consultants responded that they would review and makes sure the numbers are accurate . Pete Dahl commented that he really enjoyed the report and the 10 -year summary of operations is a good model that needs to be flushed out a little more . When looking at the accumulative net, after spending money on capital items it is about break even . Pointing out that the capital costs don ' t include any financing, as those are decisions that need to be approved .Mr . Dahl added that financing costs would need to be put into the model because we can ' t sustain negative numbers in the big years, finding a way to finance is important to implementing this model . Adding on other hand , agree the need to reinvest in the assets of the Town , using information presented we can get to the next step . BoS 9 . 13 . 2021 www . brewster- ma . gov Page 8 of 10 Doc ID : 1785779aa81e1a33a5b30e8884eald3ca343deb0 88 1\1411111111111 11l/////// Town of Brewster Office of the : of 9Ft, titi N Nv 'fy 2198 Main Street Select Board Brewster, MA 026314898 Town Administrator Phone , (508) 896-3701 Fax : (508) 896-8089 INCO 100 Akal 191 lllllllllll501ADAAA Selectperson Whitney appreciated the report and looks forward to implementing some of the suggestions . Chair Bingham questioned that on page 10 & 12 of the report the term "town funding" for capital projects, is this correct ? The NGF consultants responded that the reference was simply that the monies needed in particular years is going to exceed what is available and that another alternative is going to be needed to fund the capital improvements . These funds are to be determined at this point . Chair Bingham also asked since you worked with other municipal golf courses, what kind of reserve should be on hand ? The NGF consultants responded that what should is some type of reserve of 5 % of revenue ; it is very difficult for most municipalities to achieve that now, most don ' t have a fund . Adding that they believe whatever monies that is generated through the operations of the golf course should be put back into the facility . Selectperson Hoffmann mentioned that she recently took a tour of Captain ' s golf courses and to be able to see behind the scenes was extremely helpful . She added that Jay Packett and Colin Walsh are extremely aware of all details on the day-to - day operations and have a lot of ideas on how to address some of the issues and the needs to maintain the facilities . Selectperson Chatelain thanked NGF for a great report and agrees with the opportunity to get marketing spending up into the 1 - 2 % of gross range . Selectperson Chatelain asked for what the impact is on the operation of the older irrigation system . Colin Walsh stated that the original system was replaced in 2004, the systems are in fantastic shape, maintained impeccably and records are kept on file . The issue is the valves, and the sprinkler heads are outdated technology . Adding that to improve technology would allow to put the water where we need it and when we need , which is essential to conserve water and use it efficiently . Mr . Walsh added that the pumping station is in fantastic shape, though at the lowest point on the course, the concern is how to protect the pump station to keep it viable for years to come . Agrees with the life of the system that is outlined in the report . Jay Packett added that it is getting more difficult to get parts for the older system and can get harder as we move forward . Mr . Lombardi commented that the decision to conduct the report was two-fold , one is that the debt of the second course is ending, giving the Town the opportunity to reset, look at operations , capital needs and get a good sense of where we should be looking to go operationally . Adding that when the Department of Revenue did a full assessment of the Town ' s finances some years ago, one recommendation of that report was looking to transition the Golf Department to enterprise fund accounting . The assumptions in the years where Captains is projected to be in the red , assume the major capital is funded with one -time source and highly likely that the reality that we will have to issue debt and borrow and stretch those costs out .Mr . Lombardi stated that next steps out of this report is to work with the Town ' s financial advisors to see what kind of debt schedules may be possible in the, future and the impact it has . The Golf Commission adjourns their meeting with a motion by Andrea Johnson and a second by Wyn Morton . A roll call vote was taken . Andrea Johnson -yes, Dave Valcourt-yes, Jeff O ' Dell -yes, John Kissida -yes, Wyn Morton -yes, Chair O' Connell -yes . The vote was &Yes, 0 - No . BoS 9 . 13 . 2021 www . brewster-ma . gov Page 9 of 10 Doc ID : 1785779aa81e1a33a5b30e8884ea1d3ca343deb0 89 p\\114UII IIWf11lI//// //j f 106faR° SAF '% Town of Brewster Office of the . 2198 Main Street Select Board 0` o 9 Brewster , MA 026314898 Town Administrator Phone : (508) 896-3701 Fax : (508) 896-8089 Ollconmw rZail 190 lnia\4oA°` 0 The Finance Committee adjourns their meeting at with a motion by Bill Meehan and a second by Frank Bridges . A roll call vote was taken . William Meehan -yes, Frank Bridges - yes, Alex Hopper-yes, Andy Evans -yes, Robert Tobias -yes, Robert Young-yes, Chair Dahl - yes . The vote was 7 -Yes , 0 - No . For Your Information No questions or comments on these items . Matters Not Reasonably Anticipated by the Chair None Questions from the Media None Next Meetings September 15 , September 17 , September 20, September 24, September 25 , October 4, and October 18, 2021 . Adjournment Selectperson Chaffee moved to adjourn the meeting at 7 : 53pm , Selectperson Chatelain second . A roll call vote was taken . Selectperson Whitney-yes, Selectperson Chaffee -yes, Selectperson Chatelain -yes , Selectperson Hoffmann -yes, Chair Bingham -yes . The Board vote was 5 -yes, 0 - No . Respectfully submitted by Erika Mawn , Executive Assistant 10 / 05 / 2021iFdw"d 8 6Aa d6tWn Approved : Signed : Date Selectperson Chatelain , Clerk of the Select Board Accompanying Documents in Packet : Agenda , Proclamation on National Suicide, TA Report documents, Consent Agenda and documents, Fiscal Year 2022 Tax Rate Classification Hearing documents, Cape Cod Sea Camps documents, National Golf Foundation presentation and report, Vesper Pond Road Betterment Documents, Amendments to Water Quality Protection Documents, Public Meeting memo, FYI packet. BoS 9 . 13 . 2021 www . brewster- ma . gov Page 10 of 10 Doc ID : 1785779aa81e1a33a5b30e8884ea1d3ca343deb0 90 Attachment C2- Select Board Fee Waiver Policy, updated December 2020 91 e rikEWS,. OQ .„ 0, 4, 3 5 Town of Brewster 2198 Main Street Brewster, MA 02631 www. brewster-ma .gov Phone: (508) 896-3701 Email: brewster@brewster-ma.gov Office of: Select Board and Town Administrator SELECT BOARD POLICY ON WAIVER OF TOWN PERMIT FEES Policy no. 5 Date adopted:10/5/87 Date amended: 8/25/97 Date amended: 4/16/02 Date amended: 12/21/20 A. PURPOSE 1. This policy seeks to create consistent and clear eligibility standards for the reduction or waiver of Town fees. The policy also establishes a standard process by which the Select Board will consider and potentially approve any such request. 2. The Town of Brewster seeks to support events held on Town property that broadly benefit the community, many of which are organized, coordinated, and/or hosted by local non-profit organizations. The Town also actively engages in construction projects that are initiated or coordinated by various Town entities that benefit the community. B. POLICY & ELIGIBILITY 1. Town exemptions. Construction projects initiated, participated in, or sponsored by the Town, including those related to affordable housing, shall be exempt from all applicable licensing and permit fees except electrical and plumbing/gas inspectional service fees. 2. Nonprofit application limits. The Select Board may consider waiver of fees associated with the use of Town facilities by non-profit organizations upon proof of current 501(c)(3) status. Such activity shall be consistent with the applicant organization's mission. Any such waiver amount shall not exceed $1,000 for a particular request/event, nor shall the Board grant waivers in excess of $2,000 per fiscal year to any one entity. 3. Recycling Center waivers. The Select Board may, from time to time, waive certain Recycling Center fees associated with disposal of brush materials after a significant storm event or a Town-sponsored clean-up activity. 4. Public safety/emergency waivers. As a result of a public safety or health emergency, the Select Board may, at their discretion, choose to waive or pro- rate certain fees. 5. Other applications. Requests for waiver from any other Town fees is generally discouraged but may be reviewed on a case-by-case basis. The Select Board's action on any such requests shall not be considered 1 92 precedential. C. APPROVAL PROCESS 1. Each project/event fee waiver request shall be submitted in writing to the Select Board stating the nature and purpose of such request. 2. The Select Board shall act on a request as soon as practicable. 3. The Select Board's action on any such request shall be final and not subject to appeal. Approved by the Brewster Select Board on December 21, 2020 A e Mary haff:fl Chair Ben DeRuyter, Vice Chair to y thi in a , erk David -Whitney 2 93 Attachment C3- Fee Waiver Request 09.03.21 94 Archive d: Wednesday, September 8, 2021 9:46:34 AM From: Donna Kalinick Se nt: Fri, 3 Sep 2021 15:51:29 +0000Authentication To: Sara Provos; Erika Mawn Subje ct: RE: 873 Harwich Road - Phase 2 Building Se ns itivity: N ormal Hi , the i r fees are only supposed to be waive d f or the af fordable uni ts. Thanks, Donna From: Sara Provos <sprovos@brewster-ma.gov> Se nt: Fri day, Se ptember 3, 2021 11:50 AM To: Erika Mawn <e mawn@bre wste r-ma.gov> Cc: Donna Kal i ni ck <dkalinick@bre wste r-ma.gov> Subje ct: 873 Harwi ch Road - Phase 2 Building Good morni ng Eri ka, Below is the breakdown f or the Electrical Permi t fees; Total of 91 uni ts (per building permi t) at $250.00 each is $22,750.00 Housi ng Units (27 as we ’ve be e n tol d by contractor) at $250.00 e ach i s $6,750.00 If the Se l e ct Board does choose to waive the f e e s for the Housing Uni ts, they woul d sti l l be require d to pay for inspecti ons on e ach of the Housing Uni ts (27 units x $84.00) = $2,268.00 Please let me know if you need anything else. Thank you, S ara S ara Provos S enior Department Assistant Building Department and Historic District Committee 2198 Main S treet Brewster, MA 02631 508-896-3701 Ext 1125 Beginning July 6t h, Brewster T own Offices will be open to the public T uesday, Wednesday , and T hursday from 8:30 to 4:00pm. Beach and Recy cle Permits are not available in person but can be purchased online or through our mail-in program. For the latest updates on T own serv ices, please v isit www.brewster-ma.gov The Commonwealth of Massachusetts Secretary of St at e has determined that e-mail is a public record 95 PERMIT # MAP # LOT # H0 - 08 DATE ISSUED (ir - DODR Town of Brewster BUILDING DEPARTMENT APPLICATION FOR PLAN REVIEW AND PERMIT TO BUILD r — TOTAL $ 2 _ DEPOSIT $ 5° 13 70 FEE $ 2_ FILING DATE 5/11/2021 The undersigned hereby applies for a permit to build according to the following specifications and accompanying documents. OWNER'S NAME The Elevation at Brewster, TIC OWNER'S TEL. NO. ( 407 ) 213-1350 MAILING ADDRESS 201 E. Pine Street, Suite 200 Orlando, FL 32801 BUILDER'S NAME South Coast Improvement Company ADDRESS 13 Marconi Lane Marion, MA 02738 E-MAIL ADDRESS mclissa.cheslockgsouthcoastimprovement.com HOME IMPROVEMENT REGISTRATION NO. BUILDER'S TEL. NO. ( 508 ) 274-7525 CONSTRUCTION SUPERVISOR'S LICENSE NO. LOCATION OF BUILDING (Street) 873 I larwich Road LOT SIZE AREA ZONE R M R L RR CH V B I WATER SOURCE: Town X Well CONSTRUCTION OF: NEW ALTER X ADD DEMOLISH MOVE MECHANICAL MASONRY TYPE OF BUILDING: ONE FAMILY RESIDENCE COMMERCIAL BUILDING X GARAGE . .flECK SHED FENCE BRIEF DESCRIPTION OF PROPOSED WORK' Alteration of existing nursing home (use group I-2) to provide architectural finishes, mechanical, electrical, plumbing, fire protection & fire alarm systems to accommodate 91 apartment unit intended findependant living (use group R-2) PROPOSED (Sq. Ft.): BASE./CELLAR MECHANICAL CONTRACTOR HEATING SOURCE: GAS X HOT WATER HEATER: GAS X HOW NEAR IS PROJECT TO: STREET LINE RIGHT SIDE LINE OIL 1st FLOOR 38,669 MASON ELECTRIC X 2nd FLOOR 38,232 F H W OTHER LICENSE NO. F W A TOTAL 76,901 RADIANT OIL COOKING APPLIANCE: GAS ELECTRIC LEFT SIDE LINE REAR LINE 41 -0HAS A SEPTIC PERMIT APPLICATION BEEN FILED? YES DATE STATUS 4— 31 ESTIMATED COMPLETION COST/ s5,75°>°°° ESTIMATED START 7/1/2021 Building must be started within six months of permit issuance, and proceed at a reasonable rate. Plumbing, electrical, gas, fire alarm, driveway, septic permits must be obtained if applicable. ACCOMPANYING DOCUMENTS: SITE PLAN (including proposed setbacks) FOUNDATION PLAN TYPICAL X-SECTIONS ENERGY CALCULATIONS BOARD OF APPEALS MATERIAL DISPOSAL W.C. AFFIDAVIT(S) FLOOR PLANS ELEVATIONS H.D.C. CONSERVATION FIRE DEPT. DPW ❑ao❑oo❑ Official Use Only TOWN OF BREWSTER BUILDING DEPARTMENT N/A NO ESTIMATED COMPLETION DATE 6/1/2022 Applicant agrees to give the Building Dept. 48 hours notice for all required inspections. The building must conform to the requirements of the Mass. State Building Code, 780 CMR, and all other pertinent laws, bylaws, codes and regulations. Owners pulling their own permit or dealing with unregistered contractors for applicable home improvement work do not have access to the arbitration program or guarantee fund under MGL C. 142A. CERTIFICATE OF OCCUPANCY No person shall use or occupy any new building or addition until a Certificate of Occupancy has been issued by the Building Department. Owner L"." iC-1.N. 0 Agent for Owner 0,1 — — Zl ELECTRIC 96 Attachment D- Regulatory Agreement (draft, waiting on review by DHCD) 97 September 2, 2016 LOCAL INITIATIVE PROGRAM REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR RENTAL PROJECT Local Action Units This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") is made this ___________ day of____________, 2021___ by and among the Commonwealth of Massachusetts, acting by and through the Department of Housing and Community Development ("DHCD") pursuant to G.L. c.23B §1 as amended by Chapter 19 of the Acts of 2007, the City/Town of ____________________ ("the Municipality"), and The Elevation at Brewster, LLC________________________, a MassachusettsFlorida [corporation/limited partnership/limited liability company], having an address at 201 E. Pine Street, Suite 200, Orlando, FL 32801_________________________________________________________________________ ____, and its successors and assigns ("Developer"). WITNESSETH: WHEREAS, pursuant to G.L. c. 40B, §§ 20-23 (the "Act") and the final report of the Special Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in April 1989, regulations have been promulgated at 760 CMR 56.00 (the "Regulations") which establish the Local Initiative Program ("LIP") and Comprehensive Permit Guidelines: M.G.L. Chapter 40B Comprehensive Permit Projects - Subsidized Housing Inventory have been issued thereunder (the "Guidelines"); WHEREAS, the Developer has acquired and is in the process of renovating intends to construct a rental housing development known as Serenity Apartments at Brewster____________________________ at a/an ____-acre site on _____________________________ Street/Road in the Municipality, more particularly described in Exhibit A attached hereto and made a part hereof (the "Project"); WHEREAS, such Project is to consists of a total number of 132_______ rental dwellings (the "Units") and 27_______ of the Units will be rented at rents specified in this Agreement to Eligible Tenants as specified in paragraph two of this Agreement (the "Low and Moderate Income Units"); WHEREAS, the Chief Executive Officer of the Municipality (as that term is defined in the Regulations) and the Developer have made application to DHCD to certify that the units in the Project are Local Action Units (as that term is defined in the Guidelines) within the LIP Program; and Commented [SE1]: Since the units are rented to those at or below 80% of AMI, should 25% of the units – or 33 units – be restricted? Commented [JS2R1]: Just 27 units, 20%, are restricted per agreement with Elevation Financial Group. 98 September 2, 2016 WHEREAS, in partial consideration of the execution of this Agreement, DHCD has issued or will issue its final approval of the Project within the LIP Program and has given and will give technical and other assistance to the Project; NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other, DHCD, the Municipality, and the Developer hereby agree and covenant as follows: 1. Construction. The Developer agrees to construct to complete its renovation of the Project in accordance with the architectural design and site planplans and specifications approved by the Municipality (the "Plans and Specifications”). In addition, all Low and Moderate Income Units to be constructedrenovated as part of the Project must be indistinguishable from other Units in the Project from the exterior (unless the Project has an approved “Alternative Development Plan” as set forth in the Guidelines and must contain complete living facilities including but not limited to a stove, refrigerator, kitchen cabinets, and plumbing fixtures, and washer/dryer hookup, all as more fully shown in the Plans and Specifications. ________ of the Low and Moderate Income Units shall be studio units; ________ of the Low and Moderate Income Units shall be one bedroom units; ________ of the Low and Moderate Income Units shall be two bedroom units; ________ of the Low and Moderate Income Units shall be three bedroom units; and, ________ of the Low and Moderate Income Units shall be four bedroom units. All Low and Moderate Income Units to be occupied by families must contain two or more bedrooms. Low and Moderate Income Units must have the following minimum areas: studio units - 250 square feet one bedroom units - 700 square feet [INSERT MINIMUM SQ. FT.] two bedroom units - 900 square feet three bedroom units - 1200 square feet four bedroom units - 1400 square feet During the term of this Agreement, the Developer covenants, agrees, and warrants that the Project and each Low and Moderate Income Unit will remain suitable for occupancy and in compliance with all federal, state, and local health, safety, building, sanitary, environmental, and other laws, codes, rules, and regulations, including without limitation laws relating to the operation of adaptable and accessible housing for persons with disabilities. The Project must comply with all similar local codes, ordinances, and by-laws. 2. Affordability. (a) Throughout the term of this Agreement, each Low and Moderate Income Unit will be rented for no more than the rental rates set forth herein to an Eligible Tenant. An Eligible Tenant is Aan individual or Family whose annual income does not exceed eighty percent (80%) of the Area median income adjusted for family size as determined by the U.S. Department of Housing and Urban Development (“HUD”). A “Family” shall mean two or more persons who Formatted: Indent: First line: 0" 99 September 2, 2016 will live regularly in the Low and Moderate Income Unit as their primary residence and who are related by blood, marriage, or operation of law or who have otherwise evidenced a stable inter- dependent relationship; or an individual. The “Area” is defined as the Barnstable County________________________ MSA/HMFA/Non-Metropolitan County. (b) The monthly rents charged to tenants of Low and Moderate Income Units shall not exceed an amount equal to thirty percent (30%) of the monthly adjusted income of a Family whose gross income equals eighty percent (80%) of the median income for the Area, with adjustment for the number of bedrooms in the Unit, as provided by HUD. In determining the maximum monthly rent that may be charged for a Low and Moderate Income Unit under this clause, the Developer shall include an allowance for any utilities and services (excluding telephone) to be paid by the resident. Annual income shall be as defined in 24 C.F.R. 5.609 (or any successor regulation) using assumptions provided by HUD. The initial maximum monthly rents and utility allowances for the Low and Moderate Income Units are set forth in Exhibit B attached hereto. If the rent for a Low and Moderate Income Unit is subsidized by a state or federal rental subsidy program, then the rent applicable to the Low and Moderate Income Unit may be limited to that permitted by such rental subsidy program, provided that the tenant’s share of rent does not exceed the maximum annual rental expense as provided in this Agreement. Annually as part of the annual report required under Subsection 2(e) below, the Developer shall submit to the Municipality and DHCD a proposed schedule of monthly rents and utility allowances for all Low and Moderate Income Units in the Project. Such schedule shall be subject to the approval of the Municipality and DHCD for compliance with the requirements of this Section. Rents for Low and Moderate Income Units shall not be increased without the Municipality’s and DHCD’s prior approval of either (i) a specific request by Developer for a rent increase or (ii) the next annual schedule of rents and allowances. Notwithstanding the foregoing, rent increases shall be subject to the provisions of outstanding leases and shall not be implemented without at least 30 days’ prior written notice by Developer to all affected tenants. If an annual request for a new schedule of rents for the Low and Moderate Income Units as set forth above is based on a change in the Area median income figures published by HUD, and the Municipality and DHCD fail to respond to such a submission within thirty (30) days of the Municipality’s and DHCD’s receipt thereof, the Municipality and DHCD shall be deemed to have approved the submission. If an annual request for a new schedule of rents for the Low and Moderate Income Units is made for any other reason, and the Municipality and DHCD fail to respond within thirty (30) days of the Municipality’s and DHCD’s receipt thereof, the Developer may send DHCD and the Municipality a notice of reminder, and if the Municipality and DHCD fail to respond within thirty (30) days from receipt of such notice of reminder, the Municipality and DHCD shall be deemed to have approved the submission, provided, however, in no event shall rent be increased to exceed thirty percent (30%) of the monthly adjusted income of a Family whose gross income equals eighty percent (80%) of the median income for the Area, with adjustment for the number of bedrooms in the Unit, as provided by HUD. Without limiting the foregoing, the Developer may request a rent increase for the Low and Moderate Units to reflect an increase in the Area median income published by HUD between the date of this Agreement and the date that the Units begin to be marketed or otherwise made available for rental pursuant to Section 4 below; if the Municipality and DHCD approve such rent increase in accordance with this subsection, the Initial Maximum Rents and Utility 100 September 2, 2016 Allowances for Low and Moderate Income Units in Exhibit B of the Agreement shall be deemed to be modified accordingly. (c) [For developments with “floating” units add: If, after initial occupancy, the income of a tenant of a Low and Moderate Income Unit increases and, as a result of such increase, exceeds the maximum income permitted hereunder for such a tenant, the Developer shall not be in default hereunder so long as either (i) the tenant income does not exceed one hundred forty percent (140%) of the maximum income permitted or (ii) the Developer rents the next available unit at the Development as a Low and Moderate Income Unit in conformance with Section 2(a) of this Agreement, or otherwise demonstrates compliance with Section 2(a) of this Agreement.] [For developments with “fixed” units add: If, after initial occupancy, the income of a tenant of a Low and Moderate Income Unit increases and, as a result of such increase, exceeds the maximum income permitted hereunder for such a tenant, the unit will be deemed a Low and Moderate Income Unit so long as the unit continues to be rent- restricted and the tenant’s income does not exceed 140% of the maximum income permitted. If the tenant’s income exceeds 140% of the maximum income permitted at the time of annual income determination, the unit will be deemed a Low and Moderate Income Unit until the tenant’s one-year lease term expires. When the over-income tenant voluntarily vacates the unit and when the unit is again rented to an Eligible Tenant, the unit will be deemed a Low and Moderate Income Unit and included in the Subsidized Housing Inventory upon the Municipality’s application to DHCD.] (d) If, after initial occupancy, the income of a tenant in a Low and Moderate Income Unit increases, and as a result of such increase, exceeds one hundred forty percent (140%) of the maximum income permitted hereunder for such a tenant, at the expiration of the applicable lease term, the rent restrictions shall no longer apply to such tenant. (e) Throughout the term of this Agreement, the Developer shall annually determine whether the tenant of each Low and Moderate Income Unit remains an Eligible Tenant. This determination shall be reviewed by the Municipality and certified to DHCD as provided in section 2(g), below. (f) The Developer shall enter into a written lease with each tenant of a Low and Moderate Income Unit which shall be for a minimum period of one year and which provides that the tenant shall not be evicted for any reason other than a substantial breach of a material provision of such lease. (g) Throughout the term of this Agreement, the Chief Executive Officer shall annually certify in writing to DHCD that each of the Low and Moderate Income Units continues to be Low and Moderate Income Unit as provided in sections 2 (a) and(c), above; and that the Project and the Low and Moderate Income Units have been maintained in a manner consistent with the Regulations and Guidelines and this Agreement. 3. Subsidized Housing Inventory. (a) The Project will be included in the Subsidized Housing Inventory upon the occurrence of one of the events described in 760 CMR 56.03(2). [If 25% or more of the Units are Low and Moderate Income Units add: All of the Units] [If less than 25% of the Units 101 September 2, 2016 are Low and Moderate Income Units add: Only Low and Moderate Income Units] will be deemed low and moderate income housing to be included in the Subsidized Housing Inventory. (b) Units included in the Subsidized Housing Inventory will continue to be included in the Subsidized Housing Inventory in accordance with 760 CMR 56.03(2) for as long as the following three conditions are met: (1) this Agreement remains in full force and effect and neither the Municipality nor the Developer are in default hereunder; (2) the Project and each of the Low and Moderate Income Units continue to comply with the Regulations and the Guidelines as the same may be amended from time to time and (3) each Low and Moderate Income Unit remains a Low and Moderate Income Unit as provided in section 2(c), above. 4. Marketing. Prior to marketing or otherwise making available for rental any of the Units, the Developer must obtain DHCD's approval of a marketing plan (the "Marketing Plan") for the Low and Moderate Income Units. Such Marketing Plan must describe the tenant selection process for the Low and Moderate Income Units and must set forth a plan for affirmative fair marketing of Low and Moderate Income Units to protected groups underrepresented in the Municipality, including provisions for a lottery, as more particularly described in the Regulations and Guidelines. At the option of the Municipality, and provided that the Marketing Plan demonstrates (i) the need for the local preference (e.g., a disproportionately low rental or ownership affordable housing stock relative to need in comparison to the regional area), and (ii) that the proposed local preference will not have a disparate impact on protected classes, the Marketing Plan may also include a preference for local residents for up to seventy percent (70%) of the Low and Moderate Income Units, subject to all provisions of the Regulations and Guidelines and applicable to the initial rent-up only. When submitted to DHCD for approval, the Marketing Plan should be accompanied by a letter from the Chief Executive Officer of the Municipality (as that term is defined in the Regulations) which states that the tenant selection and local preference (if any) aspects of the Marketing Plan have been approved by the Municipality and which states that the Municipality will perform any aspects of the Marketing Plan which are set forth as responsibilities of the Municipality in the Marketing Plan. The Marketing Plan must comply with the Regulations and Guidelines and with all other applicable statutes, regulations and executive orders, and DHCD directives reflecting the agreement between DHCD and the U.S. Department of Housing and Urban Development in the case of NAACP, Boston Chapter v. Kemp. If the Project is located in the Boston- Cambridge-Quincy MA-NH Metropolitan Statistical Area, the Developer must list all Low and Moderate Income Units with the City of Boston's MetroList (Metropolitan Housing Opportunity Clearing Center), at Boston City Hall, Fair Housing Commission, Suite 966, One City Hall Plaza, Boston, MA 02201 (671-635-3321). All costs of carrying out the Marketing Plan shall be paid by the Developer. A failure to comply with the Marketing Plan by the Developer or by the Municipality shall be deemed to be a default of this Agreement. The Developer agrees to maintain for five years following the initial rental of the last Low and Moderate Income Unit and for five years following all future rentals, a record of all newspaper advertisements, outreach letters, translations, leaflets, and any other outreach efforts (collectively "Marketing Documentation") as described in the Marketing Plan as approved by DHCD which may be inspected at any time by DHCD. All Marketing Documentation must be approved by DHCD prior to its use by the Developer or the Municipality. The Developer and the Municipality agree that if at any time prior to or during the process of marketing the Low and Moderate Income Units, DHCD determines that the Developer, or the Municipality with respect to aspects of the Marketing Plan that the Municipality has agreed to be responsible for, has not 102 September 2, 2016 adequately complied with the approved Marketing Plan, that the Developer or Municipality as the case may be, shall conduct such additional outreach or marketing efforts as shall be determined by DHCD. 5. Non-discrimination. Neither the Developer not the Municipality shall discriminate on the basis of race, creed, color, sex, age, disability, marital status, national origin, sexual orientation, familial status, genetic information, ancestry, children, receipt of public assistance, or any other basis prohibited by law in the selection of tenants; and the Developer shall not so discriminate in connection with the employment or application for employment of persons for the construction, operation or management of the Project. 6. Inspection. The Developer agrees to comply and to cause the Project to comply with all requirements of the Regulations and Guidelines and all other applicable laws, rules, regulations, and executive orders. DHCD and the Chief Executive Officer of the municipality shall have access during normal business hours to all books and records of the Developer and the Project in order to monitor the Developer's compliance with the terms of this Agreement. 7. Recording. Upon execution, the Developer shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for the County where the Project is located or, if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Land Court for the County where the Project is located (collectively hereinafter, the "Registry of Deeds"), and the Developer shall pay all fees and charges incurred in connection therewith. Upon recording or filing, as applicable, the Developer shall immediately transmit to DHCD and the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement. 8. Representations. The Developer hereby represents, covenants and warrants as follows: (a) The Developer (i) is a limited liability company__________________ duly organized under the laws of the Commonwealth of MassachusettsState of Florida, and is qualified to transact business under the laws of this State, (ii) has the power and authority to own its properties and assets and to carry on its business as now being conducted, and (iii) has the full legal right, power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Developer (i) will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and (ii) will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Developer is a party or by which it or the Project is bound, and (iii) will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Developer will, at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance (subject to encumbrances created pursuant to this Agreement, any loan documents relating to the Project the terms of which are approved by DHCD, or other permitted encumbrances, including mortgages referred to in paragraph 17, below). 103 September 2, 2016 (d) There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Developer, threatened against or affecting it, or any of its properties or rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its financial condition. 9. Transfer Restrictions. (a) Except for rental of Units to Low or Moderate Income Tenants as permitted by the terms of this Agreement, the Developer will not sell, transfer, lease, or exchange the Project or any portion thereof or interest therein (collectively, a “Sale”) or (except as permitted under Section (d) below) mortgage the Property without the prior written consent of DHCD and the Municipality. (b) A request for consent to a Sale shall include: - A signed agreement stating that the transferee will assume in full the Developer’s obligations and duties under this Agreement, together with a certification by the attorney or title company that it will be held in escrow, and, in the case of any transfer other than a transfer of Beneficial Interests, recorded in the Registry of Deeds with the deed and/or other recorded documents effecting the Sale; - The name of the proposed transferee and any other entity controlled by or controlling or under common control with the transferee, and names of any affordable housing developments in the Commonwealth owned by such entities; - A certification from the Municipality that the Development is in compliance with the affordability requirements of this Agreement. (c) Consent to the proposed Sale shall be deemed to be given unless DHCD or the Municipality notifies the Developer within thirty (days) after receipt of the request that either - The package requesting consent is incomplete, or - The proposed transferee (or any entity controlled by or controlling or under common control with the proposed transferee) has a documented history of serious or repeated failures to abide by agreements of affordable housing funding or regulatory agencies of the Commonwealth or the federal government or is currently in violation of any agreements with such agencies beyond the time permitted to cure the violation, or - The Project is not being operated in compliance with the affordability requirements of this Agreement at the time of the proposed Sale. (d) The Developer shall provide DHCD and the Municipality with thirty (30) day’s prior written notice of the following: 104 September 2, 2016 (i) any change, substitution or withdrawal of any general partner, manager, or agent of Developer; or (ii) the conveyance, assignment, transfer, or relinquishment of a majority of the Beneficial Interests (herein defined) in Developer (except for such a conveyance, assignment, transfer or relinquishment among holders of Beneficial Interests as of the date of this Agreement). (iii) the sale, mortgage, conveyance, transfer, ground lease, or exchange of Developer’s interest in the Project or any party of the Project. For purposes hereof, the term “Beneficial Interest” shall mean: (i) with respect to a partnership, any partnership interests or other rights to receive income, losses, or a return on equity contributions made to such partnership; (ii) with respect to a limited liability company, any interests as a member of such company or other rights to receive income, losses, or a return on equity contributions made to such company; or (iii) with respect to a company or corporation, any interests as an officer, board member or stockholder of such company or corporation to receive income, losses, or a return on equity contributions made to such company or corporation. Notwithstanding the above, DHCD’s consent under this Section 9 shall not be required with respect to the grant by the Developer of any mortgage or other security interest in or with respect to the Project to a state or national bank, state or federal savings and loan association, cooperative bank, mortgage company, trust company, insurance company or other institutional lender made at no greater than the prevailing rate of interest or any exercise by any such mortgagee of any of its rights and remedies (including without limitation, by foreclosure or by taking title to the Project by deed in lieu of foreclosure), subject, however to the provisions of Section 14 hereof. Developer hereby agrees that it shall provide copies of any and all written notices received by Developer from a mortgagee exercising or threatening to exercise its foreclosure rights under the mortgage. 10. Casualty; Demolition; Change of Use. (a) The Developer represents, warrants, and agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Developer (subject to the approval of the lender(s) which has provided financing), where feasible and commercially reasonable in Developer’s sole opinion, will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with this Agreement. (b) The Developer shall not, without prior written approval of DHCD and the Municipality and an amendment to this Agreement, change the type or number of Low and Moderate Income Units. The Developer shall not demolish any part of the Project or substantially subtract from any real or personal property of the Project, or permit the use of the 105 September 2, 2016 dwelling accommodations of the Project for any purpose except residences and any other uses permitted by the applicable zoning then in effect; 11. Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portions hereof. 12. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice: DHCD: Department of Housing and Community Development Attention: Local Initiative Program Director 100 Cambridge Street, 3rd Floor Boston, MA 02114 Municipality: Town of Brewster Brewster Town Hall 2198 Main Street Brewster, MA 02631 Attention: Select Board Developer: The Elevation at Brewster, LLC 201 E. Pine Street, Suite 200 Orlando, FL 32801 Attn: Stuart Heaton, Vice President With a copy to: Elevation Financial Group, LLC 201 E. Pine Street, Suite 200 Orlando, FL 32801 Attn: Maheen Akhter, Associate General Counsel 13. Term. (a) This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an “other restriction held by a governmental body” as set forth in G.L. c. 184, § 26 and an affordable housing restriction as that term is defined in G.L. c. 184, § 31 and as that term is used in G.L. c.184, § 26, 31, 32 and 33. This Agreement shall bind, and the benefits shall inure to, respectively, Developer and its successors and assigns, and DHCD and its successors and assigns and the Municipality and its successors and assigns. DHCD has determined that the acquiring of such affordable housing restriction is in the public interest. The term of this Agreement, the rental restrictions, and other requirements provided herein shall be perpetual. In addition, and as set forth in Section 14, this Agreement is superior to the lien of any mortgage on the Development and shall survive any foreclosure or exercise of Formatted: Underline Formatted: Left Formatted: Left, Indent: Left: 2" Formatted: Left, Indent: Left: 0.5" Formatted: Left, Indent: Left: 2" Formatted: Highlight Formatted: Highlight 106 September 2, 2016 any remedies thereunder and the Developer agrees to obtain any prior lienholder consent with respect thereto as DHCD shall require. (a)(b) The Developer intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Developer's successors in title, (ii) are not merely personal covenants of the Developer, and (iii) shall bind the Developer, its successors and assigns and einure to the benefit of DHCD and the Municipality and their successors and assigns for the term of the Agreement. Developer hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. 14. Lender Foreclosure. The rights and restrictions contained in this Agreement shall not lapse if the Project is acquired through foreclosure or deed in lieu of foreclosure or similar action, and the provisions hereof shall continue to run with and bind the Project. NEED TO DISCUSS; THIS IS DIFFERENT FROM HUD REGULATORY AGREEMENT PROVISIONS 15. Further Assurances. The Developer and the Municipality each agree to submit any information, documents, or certifications requested by DHCD which DHCD shall deem necessary or appropriate to evidence the continuing compliance of the Project Sponsor and the Municipality with the terms of this Agreement. 16. Default. (a) This Agreement is made for the benefit of DHCD and the Municipality, and DHCD and the Municipality shall each be deemed to be the holder of the affordable housing restrictions created under this Agreement. The Developer and the Municipality each covenant and agree to give DHCD written notice of any default, violation or breach of the obligations of the Developer or the Municipality hereunder, (with a copy to the other party to this Agreement) within seven (7) days of first discovering such default, violation or breach (a "Default Notice"). If DHCD becomes aware of a default, violation, or breach of obligations of the Developer or the Municipality hereunder without receiving a Default Notice from Developer or the Municipality, DHCD shall give a notice of such default, breach or violation to the offending party (with a copy to the other party to this Agreement) (the "DHCD Default Notice"). If any such default, violation, or breach is not cured to the satisfaction of DHCD within thirty (30) days after the giving of the Default notice by the Developer or the Municipality, or if no Default Notice is given, then within thirty (30) days after the giving of the DHCD Default Notice, then at DHCD's option, and without further notice, DHCD may either terminate withdraw from this Agreement, or DHCD may apply to any state or federal court for specific performance of this Agreement, or DHCD may exercise any other remedy at law or in equity or take any other action as may be necessary or desirable to correct non-compliance with this Agreement. The Municipality shall have the independent right to enforce the terms of this Agreement using the same notice and cure period set forth above. Commented [SE3]: All mortgages MUST be subject and subordinate to the Regulatory Agreement. Formatted: Highlight Formatted: Highlight 107 September 2, 2016 (b) Whether the Low and Moderate Income Units continue to be included in the Subsidized Housing Inventory maintained by DHCD for purposes of the Act shall be determined solely by DHCD according to the rules and regulations then in effect. If DHCD elects to terminate withdraw from this Agreement and record a notice of DHCD’s withdrawal with the Registry of Deeds as the result of a breach, violation, or default hereof, which breach, violation, or default continues beyond the cure period set forth in this Section 16, then the Low and Moderate Income Units and any other Units at the Project which have been included in the Subsidized Housing Inventory shall from the date of such termination no longer be deemed low and moderate income housing for the purposes of the Act and shall be deleted from the Subsidized Housing Inventory. Notwithstanding the foregoing, this Agreement shall continue to be a binding and effective permanent affordable housing agreement under G.L. c. 184, §§31-33 between the Developer and the Municipality, and the covenants and restrictions herein shall continue to run with the Project. The Municipality shall have the same rights as DHCD hereunder, and any notices to be given to and/or approvals to be obtained from DCHD by the Developer shall be given to and obtained from the Municipality. (c) The Developer acknowledges that the primary purpose for requiring compliance by the Developer with the restrictions provided herein is to create and maintain long- term affordable rental housing, and by reason thereof the Developer agrees that DHCD or the Municipality or any prospective, present, or former tenant shall be entitled for any breach of the provisions hereof, and in addition to all other remedies provided by law or in equity, to enforce the specific performance by the Developer of its obligations under this Agreement in a state court of competent jurisdiction. The Developer further specifically acknowledges that the beneficiaries of its obligations hereunder cannot be adequately compensated by monetary damages in the event of any default hereunder. In the event of a breach of this Agreement, the Developer shall reimburse DHCD and/or the Municipality, as the case may be, for all costs and attorney's fees associated with such breach. (c)(d) The Developer hereby grants to DHCD or its designee and the Municipality or its designee the right to enter upon the Development for the purpose of enforcing the terms of this Agreement or to prevent, remedy or abate any violation of this Agreement. 17. Mortgagee Consents. The Developer represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed the Consent and Subordination of Mortgage to Regulatory Agreement attached hereto and made a part hereof. [REMAINDER OF PAGE INTENTIONALLY BLANK] Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight 108 September 2, 2016 Executed as a sealed instrument as of the date first above written. DEVELOPER THE ELEVATION AT BREWSTER, LLC_____________________________ By:_______________________________________ Its: Vice President DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT By:_______________________________________ Its: MUNICIPALITY By:_______________________________________ Its Chief Executive Officer Attachments: Exhibit A - Legal Property Description Exhibit B - Rents for Low and Moderate Income Units COMMONWEALTH OF MASSACHUSETTS COUNTY OF_______________, ss. ____________, 20___ On this _______ day of ________________, 20__, before me, the undersigned notary public, personally appeared _____________________________________, proved to me through satisfactory evidence of identification, which were _______________________________, to be the person whose name is signed on the preceding document, as _______________________ of the _________________ [Developer], and acknowledged to me that he/she signed it voluntarily for its stated purpose. __________________________________________ Notary Public Print Name: My Commission Expires: Formatted: Left 109 September 2, 2016 COMMONWEALTH OF MASSACHUSETTS COUNTY OF_______________, ss. ____________, 20___ On this _______ day of ________________, 20__, before me, the undersigned notary public, personally appeared _____________________________________, proved to me through satisfactory evidence of identification, which were ______________________________, to be the person whose name is signed on the preceding document, as _______________________ for the Commonwealth of Massachusetts acting by and through the Department of Housing and Community Development, and acknowledged to me that he/she signed it voluntarily for its stated purpose. __________________________________________ Notary Public Print Name: My Commission Expires: COMMONWEALTH OF MASSACHUSETTS COUNTY OF_______________, ss. ____________, 20___ On this _______ day of ________________, 2021__, before me, the undersigned notary public, personally appeared _____________________________________, member of the Brewster Select Board, who proved to me through satisfactory evidence of identification, which were _______________________________, to be the person whose name is signed on the preceding document, as _______________________ for the City/Town of _______________________, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose on behalf of the Town of Brewster. __________________________________________ Notary Public Print Name: My Commission Expires: 110 September 2, 2016 CONSENT AND SUBORDINATION OF MORTGAGE TO REGULATORY AGREEMENT Reference is hereby made to a certain Mortgage dated ________ given by ___________ to ____________, recorded with the ________ Registry of Deeds at Book ______, Page ____ (“Mortgage”). The Undersigned, present holder of said Mortgage, hereby recognizes and consents to the execution and recording of this Agreement and agrees that the aforesaid Mortgage shall be subject and subordinate to the provisions of this Agreement, to the same extent as if said Mortgage had been registered subsequent thereto. The Undersigned further agrees that in the event of any foreclosure or exercise of remedies under said Mortgage it shall comply with the terms and conditions hereof. [NAME OF LENDER] By:_______________________________________ Its: (If the Development has more than one mortgagee, add additional consent forms.) COMMONWEALTH OF MASSACHUSETTS COUNTY OF_______________, ss. ____________, 20___ On this _______ day of ________________, 20__, before me, the undersigned notary public, personally appeared _____________________________________, proved to me through satisfactory evidence of identification, which were _______________________________, to be the person whose name is signed on the preceding document, as _______________________ of _______________________ Bank, and acknowledged to me that he/she signed it voluntarily for its stated purpose. __________________________________________ Notary Public Print Name: My Commission Expires: 111 September 2, 2016 EXHIBIT A Re: Serenity Apartments at Brewster_______________________ (Project name) Brewster, Mass._______________________ (City/Town) The Elevation at Brewster_______________________ (Developer) Property Description Formatted: Underline 112 September 2, 2016 EXHIBIT B Re: Serenity Apartments at Brewster (Project name) Brewster, Mass. (City/Town) The Elevation at Brewster (Developer) _______________________ (Project name) _______________________ (City/Town) _______________________ (Developer) Initial Maximum Rents and Utility Allowances for Low and Moderate Income Units Rents Utility Allowance Studio units $__________ $__________ One bedroom units $__________ $__________ Two bedroom units $__________ $__________ Three bedroom units $__________ $__________ Four bedroom units $__________ $__________ 113 Attachment E- Articles of Organization, The Elevation at Brewster, LLC. 11.05.20 114 Electronic Articles of Organization r Florida Limited Liability Company Article I The name of the Limited Liability Company is: THE ELEVATION AT BREWSTER, LLC L20000351967 FILED 8:00 AM November 05, 2020 Sec. Of State agent06 Article II The street address of the principal office of the Limited Liability Company is: 201 E PINE STREET SUITE 200 ORLANDO, FL. US 32801 The mailing address of the Limited Liability Company is: 201 E PINE STREET SUITE 200 ORLANDO, FL. US 32801 Article III The name and Florida street address of the registered agent is: STUART A HEATON 201 E PINE STREET SUITE 200 ORLANDO, FL. 32801 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: STUART A HEATON 115 Article IV The name and address of person(s) authorized to manage LLC: Title: MGR ELEVATION REAL PROPERTY FUND VII, LLC 201 E PINE STREET, SUITE 200 ORLANDO, FL. 32801 US Article V The effective date for this Limited Liability Company shall be: 11/05/2020 Signature of member or an authorized representative Electronic Signature: STUART A HEATON I am the member or authorized representative submitting these Articles of Organization and affirm that the facts stated herein are true. I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to file an annual report between January 1st and May 1st in the calendar year following formation of the LLC and every year thereafter to maintain "active" status. L20000351967 FILED 8:00 AM November 05, 2020 Sec. Of State agent06 116 Attachment F- The Elevation at Brewster, LLC Certificate of Existence11.24.20 117 gli& ectx,0 rd -William Francis Galvin Secretary of the Commonwealth clear ,.(01,1.60, 00 -8C0-/ November 24, 2020 TO WHOM IT MAY CONCERN: 0.2/83 I hereby certify that a certificate of registration of a Foreign Limited Liability Company was filed in this office by THE ELEVATION AT BREWSTER, LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C. on November 24, 2020. I further certify that said Limited Liability Company has filed all annual reports due and paid all fees with respect to such reports; that said Limited Liability Company has not filed a certificate of cancellation or withdrawal; that there are no proceedings presently pending under the Massachusetts General Laws Chapter 156C, § 72 for revocation of said Limited Liability Company's authority to transact business in the Commonwealth; and that said Limited Liability Company is in good standing with this office. I also certify that the names of all managers listed in the most recent filing are: ELEVATION REAL PROPERTY FUND VII, LLC I further certify that the name of persons authorized to act with respect to real property instruments listed in the most recent filings are: T. CHRIS KING, MICHAEL KING, STUART A. HEATON In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth Processed By:TAA 118 Attachment G- OPEN Certificate of Good Standing (Update in process) 119 Attachment H- The Elevation at Brewster, LLC Operating Agreement. 11.05.20 & First Amendment to the Operating Agreement. 07.14.21 120 OPERATING AGREEMENT OF THE ELEVATION AT BREWSTER, LLC THIS OPERATING AGREEMENT (this "Agreement") of THE ELEVATION AT BREWSTER, LLC, a Florida limited liability company (the "Company'), is made and entered into as of November 5, 2020 (the "Effective Date'), by ELEVATION REAL PROPERTY FUND VII, LLC, a Florida limited liability company (the "Sole Member and, together with any other Person which subsequently becomes a Member of the Company in accordance with the provisions hereof, the "Members"), which is, as of the date hereof, the sole entity holding Units (as such term is defined below) in, and is a member of, the Company. Explanatory Statement The Sole Member caused the Company to be formed as a Florida limited liability company pursuant to the filing of Articles of Organization (the "Articles') with the Florida Department of State Division of Corporations (the "Department') on November 5, 2020. The Sole Member now desires to enter into this Agreement to regulate and establish the manner in which the business and affairs of the Company shall be managed and governed. NOW, THEREFORE, the Sole Member hereby agrees that the Operating Agreement of THE ELEVATION AT BREWSTER, LLC shall be as follows: ARTICLE I FORMATION; PURPOSE; TERM; PRINCIPAL OFFICE Section 1.1 Articles of Organization A. The Company was formed as a Florida limited liability company in accordance with the provisions of the Florida Revised Limited Liability Company Act, Title MrVI, Chapter 605 of the Florida Statutes, as amended from time to time, (the "RLLC Act") upon the filing of the Articles. The Articles are hereby ratified and approved in all respects by the Sole Member. B. Manager (as defined below) shall take all necessary action to maintain the Company in good standing as a limited liability company under the RLLC Act, including, without limitation, the filing of any articles of correction, articles of amendment and such other applications and certificates as may be desirable to protect the limited liability of the Sole Member and to cause the Company to comply with the applicable laws of any jurisdiction in which the Company now or hereafter owns property or does business. Section 1.2 Purpose The purposes for which the Company is formed shall consist solely of the following: Page 1 of 12 121 A. To acquire, own, hold, renovate, improve, operate, lease, sell, assign, exchange, transfer, mortgage, or otherwise dispose or deal in or with real property wherever located and of whatever nature; B. To execute, deliver, and cause to be performed any and all agreements or obligations relating to the acquisition, ownership, operation, leasing, management, financing or sale of any such real property; C. To borrow money for the acquisition, ownership, construction, renovation, and operation of any such real property; and D. To engage in any additional lawful acts or activities and to exercise any powers permitted to limited liability companies organized under the RLLC Act without limitation. Section 1.3 Term The Company shall have perpetual existence beginning on the date the Articles were filed with, and acknowledged by, the Department of State; provided, however, that the Company may be dissolved in accordance with Section 6.1 of this Agreement. The existence of the Company as a separate legal entity shall continue until cancellation of the Articles in accordance with the RLLC Act. Section 1.4 Registered Office; Registered Agent and Principal Office The address of the registered office of the Company in the State of Florida and the name of the registered agent of the Company at such address are as set forth in the Articles. The principal office of the Company is currently located at 201 E. Pine Street, Suite 200, Orlando, Florida 32801. Manager may relocate the principal office of the Company from time to time as Manager, in the exercise of its discretion, deems appropriate. Section 1.5 Tax Characterization At all times during which the Company has only one member (as determined under federal income tax principles), the Company shall, solely for federal and state income tax purposes, be disregarded as a separate entity such that all the assets and liabilities of the Company shall be treated as the assets and liabilities of the Sole Member. At all times during which the Company has two or more members, the Company shall, for federal and state income tax purposes, be classified as a partnership rather than as an association taxable as a corporation. Section 1.6 Title to Company Property Title to all property owned by the Company shall be held by the Company in the Company name and no Member shall have any ownership interest in any Company property in its individual name or right. Each Member's membership interest in the Company shall be personal property for all purposes. Page 2 of 12 122 ARTICLE II SOLE MEMBER; CAPITAL CONTRIBUTIONS; CAPITAL ACCOUNTS Section 2.1 Sole Member A. The ownership interest of the Sole Member in the Company shall be represented by units of limited liability company membership interest ("Units"). The Company may issue that number of Units that Manager desires to cause the Company to issue from time to time. The Managers hereby authorizes the Company to issue an aggregate of one thousand (1,000) Units. Each Member's share of the profits and losses of the Company, right to receive distributions from the Company, and voting powers shall be in proportion to the number of Units held by that Member. B. The name, current address, initial number of Units, and initial Capital Contribution of the Sole Member is as set forth on Exhibit A attached hereto. Upon execution of this Agreement, the Sole Member shall be admitted to the Company as a Member, and the Company shall issue to the Sole Member the number of Units set forth opposite its name on Exhibit A. As of the date hereof; the Sole Member owns and holds one hundred percent (100%) of the issued and outstanding Units in the Company and is the sole member of the Company. C. The Sole Member shall retain the right to cause the Company to admit one or more additional members to the Company upon such terms and conditions as may be determined by the Sole Member in the exercise of its discretion, provided that no such additional members shall be admitted as members of the Company unless and until the execution and delivery by such additional members and the Sole Member of a written amendment to this Agreement. Section 2.2 Capital Contributions A. As of or prior to the date hereof, the Sole Member has contributed cash or property (the "Initial Capital Contribution') to the capital of the Company in the amount set forth opposite its name on Exhibit A attached hereto. B. Except for the Initial Capital Contribution, the Sole Member shall not be required to make any further capital contributions to the Company. No Member shall have any obligation whatsoever to restore a deficit balance in the Member's Capital Account. Section 2.3 Capital Accounts Should the Sole Member authorize or cause the Company to admit additional members, a separate capital account (the "Capital Account') shall be maintained for each Member. The Capital Account of a Member shall be increased by (a) the amount of cash contributed by the Member; (b) the agreed fair market value of any property contributed by the Member (net of any liabilities assumed by the Company and any liabilities to which the property is subject); and (c) the amount of all profits (and any item thereof) allocated to such Member. Each Member's Capital Account shall be decreased by (a) the amount of all distributions to such Member; (b) the fair market value of property distributed to such Member (net of any liabilities assumed by such Member and any liabilities to which the property is subject); and (c) the amount of all losses (and any item thereof) allocated to such Member. The Capital Accounts shall be determined, maintained, and adjusted in accordance with the Internal Revenue Code of 1986, as amended (the "Code'), and the regulations promulgated thereunder (the Page 3 of 12 123 `Regulations'), including the capital account maintenance rules of Regulations §1.704-1(b)(2)(iv), in each case to the extent required under the Act and Regulations. Section 2.4 Liability of Members Except to the extent otherwise required by the RLLC Act, Members shall not be liable for the debts or any other obligations or liabilities of the Company whether arising in contract, tort or otherwise solely by reason of being a member of the Company. Except to the extent, if any, expressly set forth otherwise in this Agreement, no Member shall be required to lend funds to the Company, or to make any other contributions, assessments or payments to the Company. No Member shall be personally liable for the return of the capital contributions of the Members, or any portion thereof, it being understood that any such return of contributions shall be made solely from the Company's assets. ARTICLE III ALLOCATIONS OF PROFITS AND LOSSES AND DISTRIBUTIONS Section 3.1 Distributions Prior to Dissolution A. Prior to the dissolution of the Company pursuant to the terms of this Agreement and the RLLC Act, cash that the Manager determines is not needed by the Company for the operation of the business of the Company, capital investment, or the establishment of reserves may be distributed to the Sole Member at such times and in such amounts as shall be determined by Manager in the exercise of its absolute discretion. B. Notwithstanding any other provision of this Agreement to the contrary, neither the Company nor Manager shall be authorized to make or cause a distribution to the Sole Member on account of its Units to the extent that such distribution would violate the RLLC Act, applicable law, or any provisions of the Loan Documents. Section 3.2 Allocation of Profits and Losses Except as may be otherwise required under the Code and the Regulations, all profits and losses of the Company shall be allocated to the Sole Member. Section 3.3 Allocation of Taxable Income and Taxable Loss Except as may be otherwise required under the Code and the Regulations, all items of taxable income, gain, loss, deduction, preference or recapture entering into the computation of profits or losses of the Company shall be allocated to the Sole Member. Section 3.4 Distributions Upon Dissolution of the Company Upon the dissolution of the Company, Manager shall cause the Company to liquidate by converting the assets of the Company to cash or its equivalent and arranging for the affairs of the Company to be wound up with reasonable speed but with a view towards obtaining fair value for the Company assets. The assets of the Company shall thereafter be distributed or paid, as applicable, in the following order of priority: Page 4 of 12 124 (i) First, to creditors, including the Sole Member if it is then a creditor, to the extent permitted by law in satisfaction of the liabilities of the Company (other than liabilities for distributions to the Sole Member under §§605.0404 or 605.0405 of the RLLC Act), whether by payment or establishment of reserves; Second in satisfaction of liabilities for distributions to the Sole Member under §§605.0404 or 605.0405 of the RLLC Act; and Third, to the Sole Member. ARTICLE IV MANAGEMENT OF BUSINESS AND AFFAIRS OF THE COMPANY Section 4.1 Management of Business and Affairs of the Company A. The Company shall initially constitute a "manager-managed company" as that term is defined in §605.0102(39) of the RLLC Act and shall have a single manager. The Sole Member hereby designates itself as "manager" of the Company within the meaning of §605.0102(38) of the RLLC Act ("Manager'). The Sole Member may increase or decrease the number of managers from time to time in the exercise of its discretion, provided that the Company shall at all times have at least one Manager. B. Except for the authority retained by the Sole Member pursuant to Sections 2.1.0 and 4.1.A herein, the Manager shall have the right to manage and control the business of the Company and is hereby authorized to take any action of any kind, including the appointment of Officers of the Company (as defined below) and the delegation of authorities thereto, and to do anything and everything, in furtherance of the purposes of the Company, without the requirement of any consent or approval by any other person; provided that such actions are in accordance with the provisions of this Agreement and the RLLC Act. The Manager and the Officers (subject to the terms of Section 4.2) shall have the power and authority to bind the Company and to execute for and on behalf of the Company any and all documents and instruments which may be necessary or appropriate, in the sole opinion of the Manager, in connection with the affairs of the Company. C. Manager, without the requirement of any consent of any other person and with or without cause and for any reason or no reason, may at any time resign from its position as Manager of the Company, in which case the Sole Member shall appoint a successor Manager. Except as provided in the immediately preceding sentence, Manager may not be removed as Manager of the Company. Section 4.2 Officers A. Manager may, but need not, appoint officers of the Company ("Officers'') for the purpose of delegating to such Officers the authority to act for and bind the Company as Manager may, from time to time and in the exercise of its discretion, determine in writing. Any such Officer shall have, consistent with the delegation of authority to such Officer and the provisions of this Agreement, the powers and authority granted to Manager hereunder and shall be subject to all of the restrictions and limitations on the authority of Manager hereunder. Page 5 of 12 125 B. Election or appointment of an Officer, employee or agent shall not of itself create contract rights. All Officers shall be appointed to hold their offices, respectively, unless and until any sole Officer shall resign or be removed by Manager. Manager may remove any Officer at any time, with or without cause, for any reason or no reason at all. Manager may fill a vacancy which occurs in any office for the unexpired portion of the term of such office. C. Except to the extent otherwise set forth in a writing signed by Manager, no Officer shall have the right to receive any salaries, compensation or other remuneration of any kind for his or her services as an Officer of the Company. Section 4.3 Other Businesses of Sole Member & Manager Notwithstanding any duty otherwise existing at law or in equity, the Sole Member, Manager and any affiliate of the Sole Member and Manager may engage in or possess an interest in other business ventures or the income or profits derived therefrom, including but not limited to investments in real property adjacent to, in proximity with, or in competition with the Property, and such activities shall not be construed as a breach of any duty of loyalty or other duty to any other person or to the Company. Section 4.4 Indemnification A. Subject to the provisions of Section 4.5 of this Agreement, the Company shall, to the fullest extent permitted by law, indemnify, defend and hold harmless a Covered Person (as such term is defined below) from and against any loss, liability, damage, cost or expense (including reasonable attorneys' fees) arising out of or alleged to arise out of any demands, claims, suits, actions or proceedings against a Covered Person, by reason of any act or omission performed by it (including its employees and agents) while acting in good faith on behalf of the Company and within the scope of the authority of a Covered Person pursuant to this Agreement, and any amount expended in any settlement of any such claim of liability, loss or damage; provided, however, that (i) a Covered Person must have in good faith believed that such action was in the best interests of the Company, and such course of action or inaction must not have constituted gross negligence, fraud, willful misconduct, malfeasance, breach of any representation, warranty, covenant agreement set forth in this Agreement that extends beyond any applicable notice and cure period, or breach of a fiduciary duty; and (ii) any such indemnification shall be recoverable solely from the assets of the Company, and not from the assets of the Sole Member. Notwithstanding any other provision of this Agreement to the contrary, the Sole Member shall not be personally liable for any indemnification of a Covered Person pursuant to this Section 4.4. B. Notwithstanding anything contained in this Section 4.4 to the contrary, a Covered Person shall not be indemnified or held harmless from any liability, loss, damage, cost or expense incurred by it in connection with (i) any fines or penalties imposed by law; (ii) any claim or settlement involving the allegation that federal or state securities laws were violated by a Covered Person or the Company; or (iii) any claim involving any category of claims listed in Section 4.4.A(i), unless (a) a Covered Person is successful in defending such action on the merits, (b) such claims have been dismissed in favor of a Covered Person with prejudice on the merits by a court of competent jurisdiction; or (c) a court of competent jurisdiction approves a settlement and determines that a Covered Person is entitled to indemnification. Page 6 of 12 126 C. The provision of advances from the Company to a Covered Person for reasonable legal expenses and other costs as a result of a legal action pursuant to Section 4.4.D is permissible only if each of the following three conditions is satisfied: (i) the legal action relates to the performance of the duties or services by a Covered Person on behalf of the Company; (ii) the legal action is initiated by a third party who is not a Member or affiliate of a Member; and (iii) a Covered Person covenants in advance to repay the advance of funds to the Company in accordance with Section 4.4.D in the event that it is determined that a Covered Person is not entitled to indemnification hereunder. D. A Covered Person, when entitled to indemnification pursuant to this Section 4.4, shall be entitled to receive, upon application therefor, reasonable advances to cover the costs of defending any proceedings against it; provided, however, that a Covered Person agrees that if it receives such advances, it shall repay such advances to the Company, together with interest thereon, at an annual rate equal to two percent (2%) above the prime rate of interest published by The Wall Street Journal then in effect, adjusted quarterly, computed on a daily basis, from the date made until repaid in full, if a Covered Person is determined not to be entitled to indemnification under this Section 4.4. All rights of a Covered Person to indemnification shall survive the dissolution of the Company and the insolvency, bankruptcy or withdrawal of a Covered Person. E. The indemnification rights contained in this Section 4.4 shall be limited to out-of- pocket loss or expense. Nothing contained herein shall constitute a waiver by the Sole Member or its affiliates of any right which they may have against any other party under federal or state law. The indemnification authorized by this Section 4.4 shall include, but not be limited to, the costs and expenses (including reasonable attorneys' fees) of the removal of any liens affecting any property of the indemnitee as a result of such legal action. F. For purposes of this Section 4.4, the term "Covered Person"means (1) Manager; (ii) the Members; (iii) any Officers, directors, shareholders, partners, members, managers, employees, trustees, representatives or agents of the Company, the Members or Manager; and (iv) any successors, assigns, heirs and representatives of the persons described in the preceding clauses (i) through Section 4.5 Exculpation A. To the fullest extent permitted by law, no Covered Person shall be liable to the Company or the Sole Member for any loss or liability arising by reason of any act or omission performed by such Covered Person (including its employees and agents) while acting in good faith on behalf of the Company and within the scope of the authority of a Covered Person pursuant to this Agreement; provided, however, that a Covered Person must have in good faith believed that such action was in the best interests of the Company, and such course of action or inaction must not have constituted gross negligence, fraud, willful misconduct, malfeasance, breach of any representation, warranty, covenant or agreement set forth in this Agreement that extends beyond any applicable notice and cure period, or breach of a fiduciary duty. B. A Covered Person shall be fully protected in relying in good faith upon the records of the Company and upon such information, opinions, reports or statements presented to the Company by any person as to matters the Covered Person believes are within such other person's professional or expert competence and who has been selected with reasonable care by or on behalf of the Company. Page 7 of 12 127 ARTICLE V TRANSFERS AND WITHDRAWALS Section 5.1 Transfers A. Except with the prior written consent of Manager, the Sole Member shall not (i) endorse, sell, give, pledge, encumber, assign, transfer or otherwise dispose of, voluntarily or involuntarily or by operation of law (a "Transfer') all or any part of the Sole Member's limited liability company interest in the Company; or (ii) voluntarily withdraw or retire from the Company as the Sole Member. Any Transfer not expressly permitted in accordance with this Agreement shall be void ab initio and shall not be recognized by the Company. To the extent that any Transfer occurs by operation of law or judicial order despite the foregoing restrictions on Transfers, the assignee of such limited liability company interest shall have solely the rights of an assignee, and shall not have any voting rights, management rights, or related rights notwithstanding any contrary provision contained in this Agreement. B. A permitted transferee of all or any part of the Sole Member's limited liability company interest in the Company shall be admitted to the Company as a member of the Company only (i) upon its execution of an instrument signifying its agreement to be bound by the terms and conditions of this Agreement, and (ii) the counter-execution of such instrument by the Sole Member and Manager. If the Sole Member transfers all of its Units in accordance with this Section 5.1, the admission of the transferee member shall be deemed effective immediately prior to the Transfer and, immediately following such admission, the Sole Member shall cease to be a member of the Company. Section 5.2 Effect of Bankruptcy, Dissolution or Termination of a Member To the fullest extent permitted by law, the bankruptcy, death, dissolution, liquidation, termination, or adjudication of incompetency of a Member shall not cause the termination or dissolution of the Company, and the business of the Company shall continue. Upon the bankruptcy, dissolution, liquidation or termination of the Sole Member, the Sole Member shall cease to be a member of the Company and the trustee, receiver, executor, administrator, committee, guardian, conservator, or other successor in interest to the Sole Member shall have all the rights of an assignee of the Sole Member for the purpose of settling or managing the Sole Member's estate or property (but shall not be admitted as a member of the Company except under the circumstances set forth in Section 6.1). The transfer by such trustee, receiver, executor, administrator, committee, guardian or conservator of any limited liability company interest shall be subject to all of the restrictions hereunder to which such transfer would have been subject if such transfer had been made by such bankrupt, deceased, dissolved, liquidated, terminated or incompetent Member. ARTICLE VI DISSOLUTION OF THE COMPANY Section 6.1 Dissolution The Company shall be dissolved, and its affairs wound up in accordance with the RLLC Act and this Agreement, upon the first to occur of the following events or occurrences: (i) The election by the Manager to dissolve, wind-up and terminate the Company; or Page 8 of 12 128 (ii) At any time the Sole Member is no longer a member of the Company provided, however, that the Company shall not be dissolved and shall not be required to wind up if, within sixty (60) days of the event that terminated the membership of the Sole Member, the personal or other legal representative of the Sole Member agrees in writing to continue the Company and agrees to the admission of the personal or legal representative of the Sole Member or its nominee or designee, effective as of the occurrence of the event that terminated the membership of the Sole Member. Upon the occurrence of any event causing the dissolution of the Company, Manager shall deliver articles of dissolution to the Department of State in accordance with the RLLC Act. Section 6.2 Liquidation and Termination A. Upon the dissolution of the Company, the assets of the Company shall thereafter be distributed or paid, as applicable, in accordance with Section 3.4. B. The Company shall terminate when (i) all of the assets of the Company remaining after payment of, or provision for payment of all debts, liabilities and obligations of the Company, shall have been distributed to the Sole Member in the manner provided by this Agreement; and (ii) the Articles shall have been cancelled in the manner required by the RLLC Act. ARTICLE VII BOOKS AND RECORDS; ACCOUNTING; BANKING ARRANGEMENTS Section 7.1 Books, Records and Reports A. The Company shall keep correct and complete books and records of its accounts and transactions and minutes of the proceedings of the Sole Member and Manager. The books and records of the Company may be in written form or in any other form which can be converted within a reasonable time into written form for visual inspection. The original or a certified copy of this Agreement shall be maintained at the principal office of the Company. The relevant books and records of the Company shall be available for examination by the Sole Member, or its duly authorized representatives, for any proper purpose on reasonable prior notice to Manager. B. Manager shall prepare and furnish, or cause to be prepared or furnished, to the Sole Member within ninety (90) days of the end of each fiscal year (i) a balance sheet and report of the receipts, disbursements, profits or losses of the Company; and the Sole Member's share of such items for the fiscal year; and (ii) information sufficient for the Sole Member to report its share of the profits and losses of the Company for income tax purposes. The cost of such financial and tax reports shall be an expense of the Company. Section 7.2 Bank Accounts, Checks and Drafts The bank accounts of the Company shall be maintained in accounts in the name of, and under the tax identification number for, the Company (or its Sole Member, as applicable) in such banking institutions as Manager shall determine. All checks, drafts, and orders for the payment of money, notes and other evidences of indebtedness, issued in the name of the Company shall be Page 9 of 12 129 signed by the Manager or by such Officers, if any, as may be authorized by the Manager from time to time (either specifically or by general resolution). Section 7.3 Fiscal Year; Methods of Accounting The fiscal year of the Company shall be the twelve (12) month period ending on December 31st of each year, unless otherwise determined by the Manager. The method of accounting to be used in keeping the books of the Company shall be determined by the Manager in accordance with applicable law. ARTICLE VIII MISCELLANEOUS PROVISIONS Section 8.1 No Third Party Beneficiaries Notwithstanding any other provision of this Agreement to the contrary, the provisions of this Agreement shall not confer upon any creditor or other third party having dealings with the Company or the Sole Member any right, claim or other benefit, including but not limited to any right to require the Sole Member or any other person to make a Capital Contribution to the Company or otherwise. Section 8.2 Separability of Provisions Each provision of this Agreement shall be considered separable and, if for any reason, any provision or provisions are determined by a court of competent jurisdiction to be invalid or contrary to any existing or future law, such invalidity shall not impair the operation of or affect any other provisions of this Agreement. In the event of such invalidity, the provision or provisions determined to be invalid shall be deemed to be replaced with a provision(s) that is valid and enforceable and as closely as possible mirrors the intent reflected in the original language employed in such provision(s). Section 8.3 Rules of Construction Unless the context clearly indicates to the contrary, the following rules apply to the construction of this Agreement: (i) References to the singular include the plural, and references to the plural include the singular. (ii) Words of the masculine gender include correlative words of the feminine and neuter genders. (iii) The headings or captions used in this Agreement are for convenience of reference only, and shall not constitute a part of this Agreement, nor affect its meaning, construction or effect. (iv) References to a "person" or "Person" include any individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, joint venture, association, joint stock company, trust, unincorporated organization, or government or agency or political subdivision thereof. Page 10 of 12 130 (v) Any reference in this Agreement to a particular "Article," "Section," or other subsection or subdivision shall be to such Article, Section or other subsection or subdivision of this Agreement, unless the context shall otherwise require. (vi) Any use of the word "including" in this Agreement shall not be construed as limiting the phrase so modified to the particular items or actions enumerated. (vii) When any reference is made in this document or any of the schedules or exhibits attached to this Agreement, it shall mean this Agreement, together with all other schedules and exhibits attached hereto, as though one document. Section 8.4 Entire Agreement; Amendments This Agreement constitutes the entire agreement with respect to the subject matter hereof. This Agreement and the Articles may be modified or amended only pursuant to a written amendment approved by the Sole Member. Section 8.5 Applicable Law This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, without regard to conflict of law principles. Section 8.6 Ownership and Waiver of Partition and Valuation Each Member, on behalf of itself and its successors, representatives, heirs and assigns, hereby waives and releases each and all of the following rights that it has or may have, if any, by virtue of holding Units, except to the extent specifically set forth otherwise herein: (i) any right of partition or any other action that otherwise might be available to such Member for the purpose of severing its relationship with the Company or such Member's interest in the assets held by the Company from the interest of the other Members; and (ii) any right to valuation and payment with respect to such Member's units or any portion thereof. Section 8.7 Waiver of Right to Judicial Dissolution The Members agree that irreparable damage would be done to the goodwill and reputation of the Company if any Member were to bring an action in court to dissolve the Company. Accordingly, each party to this Agreement hereby waives and renounces its right to seek a court decree of dissolution or to seek the appointment by a court of a liquidator for the Company. (Remainder of Page Left Blank Intentionally) Page 11 of 12 131 IN WITNESS WHEREOF, the undersigned has caused this Operating Agreement of THE ELEVATION AT BREWSTER, LLC, to be executed as of the day and year first above written. SOLE MEMBER/MANAGER: ELEVATION REAL PROPERTY FUND VII, LLC, a Florida limited liability company BY: ELEVATION FINANCIAL GROUP, LLC, a Florida limited liability company Its Manager By: . Chris King, its Mana r Page 12 of 12 132 Exhibit A OPERATING AGREEMENT OF THE ELEVATION AT BREWSTER, LLC Name, Address, Units, and Initial Capital Contribution of Sole Member Name and Address Initial Capital Contribution Number of Units ELEVATION REAL PROPERTY FUND VII, LLC 201 E. Pine Street Suite 200 Orlando, FL 32801 $1,000 1,000 133 FIRST AMENDMENT TO THE OPERATING AGREEMENT OF THE ELEVATION AT BREWSTER, LLC THIS FIRST AMENDMENT TO THE OPERATING AGREEMENT (this "Amendment") of THE ELEVATION AT BREWSTER, LLC, a Florida limited liability company (the "Company'), is made and entered into as of July 14, 2021 (the "Effective Date"), by ELEVATION REAL PROPERTY FUND VII, LLC, a Florida limited liability company, its Sole Member and Manager. Recitals: A. The Company was formed pursuant to filing its Articles of Organization Articles of Organization with the Florida Department of State Division of Corporations on November 5, 2020. B. The Company is governed by that certain Operating Agreement, dated November 5, 2020 executed by the Sole Member and Manager. Capitalized and otherwise undefined terms used herein shall have the meanings given to such terms in the Operating Agreement. C. The Sole Member and Manager now desires to enter into this Amendment to further regulate and establish the manner in which the business and affairs of the Company shall be managed and governed. NOW, THEREFORE, the Sole Member hereby agrees that the Operating Agreement shall be amended as follows: 1. The Recitals contained above are true, correct and complete and constitute a part of this Amendment. 2. Section 1.2 of the Agreement is hereby amended in its entirety to read as follows: Section 1.2 Purpose The purposes for which the Company is formed shall consist solely of the following: A. To acquire, own, hold, renovate, improve, operate, lease, sell, assign, exchange, transfer, mortgage, or otherwise dispose or deal in or with certain real property commonly known as "Serenity Apartments at Brewster" and located at 873 Harwich Road, Brewster, Massachusetts 0263, together with any ancillary real and/or personal property, including furniture, fixtures, and equipment (collectively, the "Property"); B. To execute, deliver, and cause to be performed any and all agreements or obligations relating to the acquisition, ownership, operation, leasing, management, financing or sale of any such real property; 134 C. To borrow money for the acquisition, ownership, construction, renovation, and operation of any such real property; D. To engage in any additional lawful acts or activities and to exercise any powers permitted to limited liability companies organized under the RLLC Act without limitation; and E. Notwithstanding any provision contained within the Operating Agreement, as amended from time to time, until all indebtedness in connection with that certain loan ("Indebtedness") from ReadyCap Commercial, LLC, a Delaware limited liability company, and its successors and/or assigns (such specific party being referred to as, the "Lender"), secured by that security instrument on the Property (such security instrument and ancillary loan documents are referred to as the "Loan Documents") is paid in full the Company will remain a Single Purpose Entity (as defined in Exhibit B, attached hereto), in accordance with the terms and conditions set forth on Exhibit B. 3. This Amendment and the Operating Agreement, and any prior written resolutions signed by the Manager, set forth in full all of the representations and agreements of the Sole Member and the Manager with respect to the subject matter hereof. All prior acts of the Sole Member and Manager in its management of the Company are confirmed and ratified in all respect. Except as expressly amended, all the terms and provisions of the Operating Agreement and all other documents and agreements by and among the Sole Member, Manager and the Company shall remain in full force and effect and the same are hereby ratified and confirmed. (Remainder of Page Left Blank Intentionally) 135 IN WITNESS WHEREOF, the undersigned has caused this First Amendment to the Operating Agreement of THE ELEVATION AT BREWSTER, LLC, to be executed as of the day and year first above written. SOLE MEMBER/MANAGER: ELEVATION REAL PROPERTY FUND VII, LLC, a Florida limited liability company BY: ELEVATION FINANCIAL GROUP, LLC, a Florida limited liability company Its Manager By: T. C s King, its Manager By signing below, I, T. Chris King, agree to act as Special Member, so long as the Indebtedness remains outstanding and upon the occurrence of any event that causes the sole member of the Company to cease to be a member of Company, subject to the terms and conditions of Section 2 of Exhibit B of the Operating Agreement, as amended by this Amendment, and I agree to abide by Section 3 of Exhibit B of the Operating Agreement, as amended by this Amendment: T. Chri King 136 Exhibit B Special Purpose Entity 1. A "Single Purpose Entity" is an entity that: i. has not and will not and has organizational documents that provide that it has not and will not: a. engage in any business or activity other than the ownership, leasing, sale, refinancing, operation and maintenance of the Property, and activities incidental thereto; b. acquire or own any assets other than (i) the Property, and (ii) such incidental personal property as may be necessary for the ownership, leasing, maintenance and operation of the Property; c. merge into or consolidate with any Person, or dissolve, terminate, liquidate in whole or in part, except as otherwise permitted under the Loan Documents, transfer or otherwise dispose of all or substantially all of its assets or change its legal structure; d. fail to observe all organizational formalities, or fail to preserve its existence as an entity duly organized, validly existing and in good standing (if applicable) under applicable legal requirements of the jurisdiction of its organization, or except as permitted under the Loan Documents, amend, modify, terminate or fail to comply with the provisions of its organizational documents without Lender's prior written consent; e. own any subsidiary or make any investment in, any Person (other than cash and investment-grade securities, issued by an entity that is not an affiliate of or subject to common ownership with such entity); f. except as contemplated by the Loan Documents, commingle its funds or assets with the funds or assets of any other Person; g. incur any indebtedness (including guaranteeing any obligation) other than (i) the Indebtedness, (ii) trade and operational indebtedness incurred in the ordinary course of business with trade creditors, provided such indebtedness is (A) unsecured, (B) not evidenced by a note, (C) on commercially reasonable terms and conditions, and (D) due not more than thirty (30) days past the date incurred and paid on or prior to such date, and/or (iii) permitted equipment leases; provided however, the aggregate amount of the indebtedness described in (ii) and (iii) shall not exceed at any time one percent (1%) of the Indebtedness. No indebtedness other than the Indebtedness may be secured by the Property; h. fail to maintain all of its books, records, financial statements and bank accounts separate from those of any other Person. Borrower's assets have not and will not be listed as assets on the financial statement of any other Person; provided, however, that Borrower's assets may be included in a consolidated financial statement of its affiliates provided that (i) appropriate notation shall be made on such consolidated financial 137 statements to indicate the separateness of Borrower and such affiliates and to indicate that Borrower's assets and credit are not available to satisfy the debts and other obligations of such affiliates or any other Person and (ii) such assets shall be listed on Borrower's own separate balance sheet; i. enter into any contract or agreement with any partner, member, shareholder, principal or affiliate, except, in each case, upon terms and conditions that are intrinsically fair and substantially similar to those that would be available on an arm's-length basis with unaffiliated third parties; j. maintain its assets in such a manner that it will be costly or difficult to segregate, ascertain or identify its individual assets from those of any other Person; k. assume or guaranty the debts of any other Person, hold itself out to be responsible for the debts of any other Person, or otherwise pledge its assets for the benefit of any other Person or hold out its credit as being available to satisfy the obligations of any other Person; 1. make any loans or advances to any Person; m. fail to file its own tax returns (if required by applicable legal requirements); n. fail to (i) hold itself out to the public and identify itself, in each case, as a legal entity separate and distinct from any other Person and not as a division or part of any other Person, (ii) conduct its business solely in its own name, (iii) hold its assets in its own name or (iv) correct any known misunderstanding regarding its separate identity; o. fail to endeavor to maintain adequate capital for the normal obligations reasonably foreseeable in a business of its size and character and in light of its contemplated business operations (to the extent there exists sufficient cash flow from the Property to do so, provided, however, that the foregoing shall not be interpreted so as to require any capital contributions from any Person to such Person); P. without the prior unanimous written consent of all of its partners, shareholders or members, as applicable, the prior unanimous written consent of its board of directors or managers, as applicable, (i) file or consent to the filing of any bankruptcy petition, either voluntary or involuntary, (ii) seek or consent to the appointment of a receiver, liquidator or any similar official, (iii) take any action that might cause such entity to become insolvent, (iv) make an assignment for the benefit of creditors or (v) take any action to consolidate or merge Borrower with or into any Person, or sell all or substantially all of the assets of Borrower, or consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (or other similar official) of Borrower or a substantial part of its property, or admit in writing Borrower's inability to pay its debts generally as they become due, or take action in furtherance of any such action, or, to the fullest extent permitted by law, dissolve or liquidate Borrower; q. fail to allocate shared expenses (including, without limitation, shared office space) or fail to use separate stationery, invoices and checks; 138 r. fail to pay its own liabilities (including, without limitation, salaries of its own employees) from its own funds or fail to maintain a sufficient number of employees in light of its contemplated business operations (in each case to the extent there exists sufficient cash flow from the Property to do so provided, however, that the foregoing shall not be interpreted so as to require any capital contributions from any Person to such Person); s. acquire obligations or securities of its partners, members, shareholders or other affiliates, as applicable; and t. identify its partners, members, shareholders or other affiliates, as applicable, as a division or part of it. 2. As long as any portion of the Indebtedness remains outstanding, upon the occurrence of any event that causes the sole member of the Company to cease to be a member of Company (other than (i) upon an assignment by such member of all of its limited liability company interest in the Company and the admission of the transferee, if permitted pursuant to the Operating Agreement and the Loan Documents, or (ii) the resignation of such member and the admission of an additional member of the Company, if permitted pursuant to the Operating Agreement and the Loan Documents), T. Chris King, shall, without any action of any Person and simultaneously with the last remaining member of the Company ceasing to be a member of the Company, automatically be admitted as a member of the Company (the "Special Member") and shall preserve and continue the existence of the Company without dissolution thereof; and 3. So long as any portion of the Indebtedness is outstanding, (i) no Special Member may resign or transfer its rights as Special Member unless a successor Special Member has been admitted to the Company as a Special Member; and (ii) such entity has not and will not have any obligation to indemnify or indemnify the Special Member or any other equity owner, as the case may be, unless such an obligation was and is fully subordinated to the Indebtedness and, to the fullest extent permitted by law, will not constitute a claim against such entity in the event that cash flow in excess of the amount required to pay the Indebtedness is insufficient to pay such indemnity obligation. 139 Attachment I- OPEN Mortgagee Consents to Regulatory Agreement (Need final Regulatory Agreement from DHCD first) 140 Attachment J- OPEN Written Consent Resolution (In process) 141 Attachment K Barnstable Utility Allowance (2/2021 Update) 142 Utility Allowance Schedule See Public Reporting and Instructions on back. U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 25577-0169 exp.7/31/2022 The following allowances are used to determine the total cost of tenant-furnished utilities and appliances. Date (mm/dd/yyyy): Locality: Falmouth Housing Authority, MA Unit Type: Apartment Utility or Service: Town of Barnstable 0 BR 1 BR 2 BR 3 BR 4 BR 5 BR 6 BR Monthly Dollar Allowances Heating a. Natural Gas $46.00 $56.00 $63.00 $73.00 $82.00 $92.00 $100.00 b. Bottle Gas/Propane $63.00 $77.00 $87.00 $99.00 $114.00 $126.00 $138.00 c. Electric $40.00 $47.00 $63.00 $80.00 $96.00 $113.00 $122.00 d. Electric Heat Pump $35.00 $41.00 $49.00 $55.00 $61.00 $67.00 $73.00 e. Oil $63.00 $75.00 $86.00 $98.00 $110.00 $122.00 $131.00 Cooking a. Natural Gas $5.00 $5.00 $9.00 $11.00 $14.00 $16.00 $18.00 b. Bottle Gas/Propane $7.00 $7.00 $12.00 $17.00 $22.00 $24.00 $27.00 c. Electric $10.00 $11.00 $16.00 $21.00 $26.00 $31.00 $34.00 Other Electric & Cooling Other Electric (Lights & Appliances) $36.00 $43.00 $59.00 $76.00 $93.00 $109.00 $118.00 Air Conditioning $4.00 $4.00 $6.00 $8.00 $9.00 $11.00 $11.00 Water Heating a. Natural Gas $12.00 $14.00 $21.00 $26.00 $33.00 $39.00 $42.00 b. Bottle Gas/Propane $19.00 $22.00 $31.00 $39.00 $51.00 $58.00 $63.00 c. Electric $25.00 $29.00 $37.00 $45.00 $53.00 $62.00 $67.00 d. Oil $18.00 $21.00 $30.00 $39.00 $48.00 $57.00 $63.00 Water, Sewer, Trash Collection Water $48.00 $49.00 $56.00 $64.00 $72.00 $80.00 $85.00 Sewer N/A N/A N/A N/A N/A N/A N/A Trash Collection $23.00 $23.00 $23.00 $23.00 $23.00 $23.00 $23.00 Tenant-supplied Appliances Range/ Microwave Tenant-supplied $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 Refrigerator Tenant-supplied $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 Other --specify: Monthly Charges Electric Charge $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 Natural Gas Charge $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 Actual Family Allowances To be used by the family to compute allowance. Complete below for the actual unit rented. Utility or Service per month cost Heating $ Cooking $ Name of Family Other Electric $ Air Conditioning $ Water Heating $ Address of Unit Water $ Sewer $ Trash Collection $ Range / Microwave $ Refrigerator $ Other $ Number of Bedrooms Other $ Total 1$ Sea er, Certified Compliance' The Nelrod Company 6/2021 Update adapted from form HUD-52667 (7/2019) 143 Utility Allowance Schedule See Public Reporting and Instructions on back. U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 25577-0169 exp.7/31/2022 The following allowances are used to determine the total cost of tenant-furished utilities and appliances. Date (mm/dd/yyyy): Locality: Falmouth Housing Authority, MA Unit Type: Row House/Townhouse/Semi- Detached/Duplex Utility or Service: Town of Barnstable 0 BR 1 BR 2 BR 3 BR 4 BR 5 BR 6 BR Monthly Dollar Allowances Heating a. Natural Gas $59.00 $71.00 $81.00 $92.00 $102.00 $113.00 $123.00 b. Bottle Gas/Propane $82.00 $97.00 $111.00 $126.00 $140.00 $155.00 $169.00 c. Electric $58.00 $68.00 $88.00 $108.00 $129.00 $149.00 $161.00 d. Electric Heat Pump $43.00 $50.00 $60.00 $67.00 $74.00 $82.00 $88.00 e. Oil $80.00 $92.00 $107.00 $122.00 $137.00 $152.00 $164.00 Cooking a. Natural Gas $5.00 $5.00 $9.00 $11.00 $14.00 $16.00 $18.00 b. Bottle Gas/Propane $7.00 $7.00 $12.00 $17.00 $22.00 $24.00 $27.00 c. Electric $10.00 $11.00 $16.00 $21.00 $26.00 $31.00 $34.00 Other Electric & Cooling Other Electric (Lights & Appliances) $46.00 $54.00 $75.00 $96.00 $117.00 $138.00 $149.00 Air Conditioning $4.00 $4.00 $7.00 $10.00 $13.00 $16.00 $17.00 Water Heating a. Natural Gas $14.00 $18.00 $25.00 $33.00 $40.00 $49.00 $53.00 b. Bottle Gas/Propane $22.00 $27.00 $36.00 $51.00 $61.00 $75.00 $80.00 c. Electric $31.00 $37.00 $47.00 $57.00 $67.00 $77.00 $83.00 d. Oil $21.00 $27.00 $36.00 $48.00 $60.00 $72.00 $77.00 Water, Sewer, Trash Collection Water $48.00 $49.00 $56.00 $64.00 $72.00 $80.00 $85.00 Sewer N/A N/A N/A N/A N/A N/A N/A Trash Collection $23.00 $23.00 $23.00 $23.00 $23.00 $23.00 $23.00 Tenant-supplied Appliances Range/Microwave Tenant-supplied $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 Refrigerator Tenant-supplied $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 Other--specify: Monthly Charges Electric Charge $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 Natural Gas Charge $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 Actual Family Allowances To be used by the family to compute allowance. Complete below for the actual unit rented. Utility or Service per month cost Heating $ Cooking $ Name of Family Other Electric $ Air Conditioning $ Water Heating $ Address of Unit Water $ Sewer $ Trash Collection $ Range / Microwave $ Refrigerator $ Other $ Number of Bedrooms Other $ Total 1$ See of Certified Compliance' is- The Nelrod Company 6/2021 Update adapted from form HUD-52667 (7/2019) 144 Utility Allowance Schedule See Public Reporting and Instructions on back. U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 25577-0169 exp.7/31/2022 The following allowances are used to determine the total cost of tenant-furished utilities and appliances. Date (mm/dd/yyyy): Locality: Falmouth Housing Authority, MA Unit Type: Detached House Utility or Service: Town of Barnstable 0 BR 1 BR I BR 3 BllI I i ii Monthly Dollar Allowances Heating a. Natural Gas $67.00 $79.00 $92.00 $105.00 $117.00 $130.00 $140.00 b. Bottle Gas/Propane $92.00 $109.00 $126.00 $145.00 $162.00 $179.00 $194.00 c. Electric $93.00 $110.00 $128.00 $147.00 $165.00 $184.00 $199.00 d. Electric Heat Pump $50.00 $59.00 $70.00 $79.00 $87.00 $96.00 $104.00 e. Oil $89.00 $104.00 $122.00 $140.00 $158.00 $173.00 $188.00 Cooking a. Natural Gas $5.00 $5.00 $9.00 $11.00 $14.00 $16.00 $18.00 b. Bottle Gas/Propane $7.00 $7.00 $12.00 $17.00 $22.00 $24.00 $27.00 c. Electric $10.00 $11.00 $16.00 $21.00 $26.00 $31.00 $34.00 Other Electric & Cooling Other Electric (Lights & Appliances) $53.00 $63.00 $87.00 $112.00 $136.00 $161.00 $173.00 Air Conditioning $3.00 $3.00 $7.00 $11.00 $15.00 $19.00 $21.00 Water Heating a. Natural Gas $14.00 $18.00 $25.00 $33.00 $40.00 $49.00 $53.00 b. Bottle Gas/Propane $22.00 $27.00 $36.00 $51.00 $61.00 $75.00 $80.00 c. Electric $31.00 $37.00 $47.00 $57.00 $67.00 $77.00 $83.00 d. Oil $21.00 $27.00 $36.00 $48.00 $60.00 $72.00 $77.00 Water, Sewer, Trash Collection Water $48.00 $49.00 $56.00 $64.00 $72.00 $80.00 $85.00 Sewer N/A N/A N/A N/A N/A N/A N/A Trash Collection $23.00 $23.00 $23.00 $23.00 $23.00 $23.00 $23.00 Tenant-supplied Appliances Range/ Microwave Tenant-supplied $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 Refrigerator Tenant-supplied $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 Other --specify: Monthly Charges Electric Charge $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 Natural Gas Charge $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 Actual Family Allowances To be used by the family to compute allowance. Complete below for the actual unit rented. Utility or Service per month cost Heating $ Cooking $ Name of Family Other Electric $ Air Conditioning $ Water Heating $ Address of Unit Water $ Sewer $ Trash Collection $ Range/ Microwave $ Refrigerator $ Other $ Number of Bedrooms Other $ Total 1$ •• Sell Of Certified Compliance 2021 The Nelrod Company 6/2021 Update adapted from form HUD-52667 (7/2019) 145 Utility Allowance Schedule See Public Reporting and Instructions on back. U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 25577-0169 exp.7/31/2022 The following allowances are used to determine the total cost of tenant-furished utilities and appliances. Date (mm/dd/yyyy): Locality: Falmouth Housing Authority, MA Unit Type: Mobile Home Utility or Service: Town of Barnstable 0 BR 1 BR 2 BR 3 BR 4 BR 5 BR 6 BR Monthly Dollar Allowances Heating a. Natural Gas $67.00 $79.00 $88.00 $100.00 $111.00 $121.00 b. Bottle Gas/Propane $92.00 $109.00 $121.00 $138.00 $152.00 $167.00 c. Electric $115.00 $119.00 $122.00 $126.00 $130.00 $140.00 d. Electric Heat Pump $50.00 $60.00 $67.00 $74.00 $82.00 $88.00 e. Oil $89.00 $104.00 $119.00 $134.00 $149.00 $161.00 Cooking a. Natural Gas $5.00 $9.00 $11.00 $14.00 $16.00 $18.00 b. Bottle Gas/Propane $7.00 $12.00 $17.00 $22.00 $24.00 $27.00 c. Electric $11.00 $16.00 $21.00 $26.00 $31.00 $34.00 Other Electric & Cooling Other Electric (Lights & Appliances) $63.00 $87.00 $112.00 $136.00 $161.00 $173.00 Air Conditioning $4.00 $7.00 $10.00 $12.00 $15.00 $16.00 Water Heating a. Natural Gas $18.00 $25.00 $33.00 $40.00 $49.00 $53.00 b. Bottle Gas/Propane $27.00 $36.00 $51.00 $61.00 $75.00 $80.00 c. Electric $37.00 $47.00 $57.00 $67.00 $77.00 $83.00 d. Oil $27.00 $36.00 $48.00 $60.00 $72.00 $77.00 Water, Sewer, Trash Collection Water $49.00 $56.00 $64.00 $72.00 $80.00 $85.00 Sewer N/A N/A N/A N/A N/A N/A Trash Collection $23.00 $23.00 $23.00 $23.00 $23.00 $23.00 Tenant-supplied Appliances Range/ Microwave Tenant-supplied $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 Refrigerator Tenant-supplied $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 Other --specify: Monthly Charges Electric Charge $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 Natural Gas Charge $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 $7.00 Actual Family Allowances To be used by the family to compute allowance. Complete below for the actual unit rented. Utility or Service per month cost Heating $ Cooking $ Name of Family Other Electric $ Air Conditioning $ Water Heating $ Address of Unit Water $ Sewer $ Trash Collection $ Range / Microwave $ Refrigerator $ Other $ Number of Bedrooms Other $ Total 1$ Se'l1O/ Certified Compliance 2021 • The Nelrod Company 6/2021 Update adapted from form HUD-52667 (7/2019) 146 Affirmative Fair Marketing and Lottery Plan Documents: Attachment L Draft Serenity at Brewster flyers 147 Applications available at: • Brewster Town Hall • Brewster Public Library • www.haconcapecod.org • HAC Office Applications can be requested: • Call 508-771-5400, ext. 284 • Email:ccre@haconcapecod.org • Mass Relay 711 Application Deadline ?????????????? Return applications to: Housing Assistance Corporation 460 W. Main St. Hyannis, MA 02601 Please join us at the Rental Lottery Information Session Date time etc ZOOM Senior Living Age 55+ Affordable Rental Lottery 873 Harwich Road, Brewster MA 02631 Maximum income Limit –2021 80% HUD 1 person $54,450, 2 Person $62,200, 3 person $70,000 • 15 Studio Units $1261.00 • 2 Studio Deluxe units $1311.00 • 9 One Bedroom Units $1336.00 • 1One Bedroom Deluxe $1361.00 • RENTS INCLUDE UTILITIES 148 Affordable Rental Lottery Announcement 27 Units For Age 55+ with income guidelines 873 Harwich Road Brewster, MA 02631 Come to the Information Session: ZOOM TBD Brewster MA Unit Types available Maximum gross household income for these units is as follows:2021 HUD One person Two Person $54,450 $62,200 To receive a Lottery Application E-mail: ccre@haconcapecod.org Call: 508-771-5400, ext. 284 Download at www.haconcapecod.org or Pick up Lottery Applications at: Serenity Apartments at Brewster, 873 Harwich Road, Brewster, MA 02631 Brewster Town Hall Brewster Council of Aging Brewster Ladies Library Housing Assistance Corporation 460 W. Main St., Hyannis Application Deadline Friday, January 15, 2022 ?? by 5:00pm Mass Relay 711 Assinale este quadrado se você lê ou fala português. Marque esta casilla si lee o habla español. 149 Attachment M- Draft Serenity at Brewster information materials & application 150 460 West Main Street Hyannis, MA 02601-3698 T (508) 771-5400 F (508)775-7434 TTY on all lines www.haconcapecod.org Serenity Apartments at Brewster Age 55+/ Lottery Application Information Application Process You must fill out the Lottery Application completely and return it with the required documentation no later than Friday, xxxxxxx at 5PM. Answer all questions. Only complete and signed Lottery Applications (with necessary documentation) will be included in the lottery. RETURN IN PERSON OR BY MAIL TO: RETURN BY FAX TO: HOUSING ASSISTANCE CORPORATION 508-775-7434 Attn: Serenity Lottery 460 WEST MAIN STREET RETURN BY E-MAIL TO: HYANNIS, MA 02601 ccre@haconcapecod.org Please submit copies of 5 consecutive most recent pay stubs and copies of 3 consecutive most recent bank statements (checking and savings) for all adult household members. These documents must be included with the Lottery Application. DO NOT SEND ORIGINALS. Photographs and phone images of documents will not be acceptable. Maximum gross household income and rent for these units is as follows: Income Qualifications Rent (including utilities) Maximum Income Limits Unit Size 1-person 2-person Studio (15) $1261 $54,450 $62,200 Studio DLX (2) $1311 $54,450 $62,200 1 Bedroom (9) $1336 $54,450 $62,200 1 Bedroom Deluxe (1) $1361 $54,450 $62,200 MINIMUM suggested gross income (Income necessary to afford the rent) for apartment size is as follows. There is no minimum income guideline for voucher holders Studio $30,264 Studio DLX $31,464 1 Bedroom $32,064 5 br deluxe $32664 151 1. Household Size Definition - A household shall mean an individual or 2 or more persons who will live in the apartment as their primary residence. Household size will be appropriate for the number of bedrooms in the apartment. 2. Information provided on this Lottery Application is confidential. 3. Applicants with a sensory or mobility disability may request an accessible unit, an extra bedroom for equipment or for a Personal Care Attendant, a reasonable modification of the housing or a reasonable accommodation of rules, policies, practices or services, necessary to afford the disabled person an equal opportunity to use and enjoy housing. 4. Your household can file only one application, and no household member can appear on more than one application. Incomplete applications missing any information or required documents will not be processed. MAKE COPIES OF PAY STUBS AND BANK STATEMENTS. ORIGINALS WILL NOT BE ACCEPTED. 5. Eligible applicants will be notified by mail or email of their lottery number. The notification will provide the date, time and location of the lottery. 6. Attendance is not mandatory, but eligible applicants are encouraged to attend. No units will be awarded at that time. The Property Manager will contact households in order of their ranking on the list created from the drawing. 7. Ineligible applicants will be notified in writing stating the reason for being determined ineligible. 8. The application deadline is Friday, XXXXXX at 5PM. Applications can be mailed to Housing Assistance Corporation, 460 9. West Main St., Hyannis, MA 02601, faxed to 508-775-7434 or e-mailed to CCRE@haconcapecod.org You are encouraged to attend the Information Session on ZOOM TBD 152 3 Lottery Process 1. Lottery numbers for all eligible applicants are pulled at random from all pools for which they are eligible. 2. If the number of minority applicants in the local pool is less than the percentage of minorities in Barnstable County a preliminary lottery comprised of all minority applicants who did not qualify for the local preference pool will be held and applicants will be added to the local pool in order of drawing until the percentage of minority applicants in the local preference pool is equal to the percentage of minorities in Barnstable County. 3. Every eligible applicant will be entered into the “open” pool. 4. Applicants who live, work or have children who attend school in the Town of Brewster will be entered in an additional “local” pool. 5. Housing Assistance Corporation will send letters or emails to each applicant with the results of the lottery. Tenant Selection Process 1. Serenity Apartments at Brewster is the management agency and will receive a list showing the results of the lottery and all Lottery Applications to begin the Tenant Selection Process. When your name is pulled from this list, you will complete a Rental Application for Serenity Apartments in Brewster that will include verification of information provided on the Lottery Application as well as other screening criteria defined in the Tenant Selection Plan. HAC does not discriminate in the selection of applicants on the basis of race, color, national origin, disability, age, ancestry, children, familial status, genetic information, marital status, public assistance recipiency, religion, sex, sexual orientation, gender identity, veteran/military status, or any other basis prohibited by law. 460 West Main Street Hyannis, MA 02601-3698 T (508) 771-5400 F(508)775-7434 TTY on all lines www.haconcapecod.org 153 4 Serenity Apartments at Brewster LOTTERY APPLICATION Please see Lottery Application Instructions HOUSING ASSISTANCE CORPORATION WILL PROVIDE REASONABLE ACCOMMODATION AND/OR LANGUAGE ASSISTANCE IF NEEDED WHEN FILLING OUT THIS APPLICATION. PERSONS WITH DISABILITIES MAY ASK FOR THIS APPLICATION IN LARGE PRINT TYPE, OR OTHER ALTERNATE FORMATS. Assinale este quadrado se você lê ou fala português. Marque esta casilla si lee o habla español. Applicant’s Name: SSN: E-mail: Address City: State: Zip: Home #: Cell #: Work #: Co-Applicant’s Name: SSN: E-mail: Address (if different): _City: MA: Zip: Home #: Cell #: Work #: _ Household Information: List all members of your household and their relationship to the Head of Household. A household shall mean an individual or 2 or more persons who will live in the apartment as their primary residence. Household size will be appropriate for the number of bedrooms in the apartment. List All Household Members Relations hip Student Status for members 18 and over Last 4 digits of Social Security Number Head of Household RENTAL ASSISTANCE Do you have a mobile Section 8 or MRVP voucher? YES NO Please submit a copy with your application SECURITY DEPOSIT: Please indicate how much money you have for a security deposit: $ 154 5 INCOME INFORMATION Income must be reported for all household members 18 and over. Total annual gross (before taxes) income includes all income from all sources such as employment, social security, child support, alimony, VA benefits, unemployment, etc. Assets are cash on hand, held in savings & checking accounts, and stocks, bonds, IRA’s, 401K’s, pension funds and real estate owned. You must submit 5 most recent consecutive pay stubs and 3 most recent consecutive checking and savings account statements with this application. ANNUAL INCOME Source Applicant Co-Applicant Other Household Members 18 & over Total Salary/Regular Pay Overtime Pay Commissions Fees Tips Bonuses Interest Dividends Net Income From Business Net Rental Income Periodic S S, Pensions, Retirement Funds, Etc. Unemployment Benefits Workers Compensation Alimony, Child Support TAFDC Part Time Work Other Total for each household member: TOTAL HOUSEHOLD INCOME: $ 155 3 ADAPTED FOR PEOPLE WITH DISABILITIES We will not discriminate in the selection of applicants on the basis of disability. If you or a member of your household need a unit with special design features, please check appropriate box: Mobility Vision Hearing LOCAL PREFERENCE Definition: You live in the Town Brewster, or you are a municipal employee of the Town of Brewster, or you work in the Town of Brewster , or you have a child who attends school in the Town of Brewster. You are required to provide documentation of your local preference. (lease, utility bill, car registration, pay stub, letter from employer or school, etc.) Submit this documentation with your lottery application. I am a municipal employee for the Town of Brewster □ OR I work in the Town of Brewster □ OR I live in the Town of Brewster □ OR My child attends school in the Town of Brewster □ I DO NOT have a local preference □ CONFLICT OF INTEREST Does the applicant work at either Serenity apartments at Brewster or is the applicant related to someone at this organization ? (If yes please explain) Yes: No: _ APARTMENT SIZE Maximum household income for these apartments is as follows: TABLE 1 Household Size 1 Person 2 Person 3 Perso n 4 Perso n 5 Person 6 Person Maximum Income $54,450 $62,200. N/A N/A N/A N/A Minimum gross income (income necessary to afford the rent) for apartment size is as follows: TABLE 2 Your gross annual income should be equal to or less than the maximum income for your household size (see TABLE 1) and equal to or more than the minimum income to afford the rent (see TABLE 2). If you have a voucher, the minimum incomes do not apply to your household. 156 4 EQUAL OPPORTUNITY / FAIR HOUSING INFORMATION The following information will be required by the Federal Government to monitor this owner / management agent’s compliance with Equal Housing Opportunity and Fair Housing Laws. The law provides that an applicant may not be discriminated against on the basis of the information supplied below whether or not the information is furnished. RACE OR NATIONAL ORIGIN (Your response to this section is voluntary.) White / Non-Minority Black or African American Asian ETHNICITY Hispanic/Latino Native Hawaiian or Pacific Islander Native American or Alaskan Native Please Read each item below carefully before you sign. 1. I/we hereby certify that the information provided in this Lottery Application is correct to the best of my knowledge. 2. I/we have attached 5 most recent consecutive pay stubs as stated in the application instructions for all household members 18 years of age or older. 3. I/we have attached the most recent 3 consecutive months of statement for all bank accounts of all household members. 4. I/we have attached a copy of documentation to verify my/our status for local preference. 5. I/we understand that if all the required documentation requested above is not submitted by the application deadline, we will not be eligible for the lottery. 6. I/we understand this is a Lottery Application and the information provided does not guarantee housing. Additional information and verifications will be necessary to complete the tenant selection process. 7. I/we understand that I may submit only one Lottery Application per household and that duplicate household applications will disqualify my household from the lottery. 8. I/we understand that the information submitted in this application for the lottery may be verified and that this application and documentation will be given to the property management company after the lottery. 9. Applications can be submitted as soon as they are complete but they must be received no later than Friday, xxx at 5:00 PM. Applications can be mailed to Housing Assistance Corporation, 460 W. Main St., Hyannis, MA 02601, faxed to 508-775-7434 or e-mailed to CCRE@haconcapecod.org Your signature confirms that you have read the above statements. Applicant’s Signature Last 4 digits of SSN Date Co-Applicant’s Signature Last 4 digits of SSN Date HAC does not discriminate in the selection of applicants on the basis of race, color, national origin, disability, age, ancestry, children, familial status, genetic information, marital status, public assistance recipiency, religion, sex, sexual orientation, gender identity, veteran/military status, or any other basis prohibited by law. 157 Attachment N- Description of financial forms needed 158 Name: Serenity Apartments at Brewster Checklist of Required Documents TO BE INCLUDED WITH YOUR LOTTERY APPLICATION Please initial each line or N/A if it is not applicable Please remember that ALL HOUSEHOLD income must be counted, for anyone over the age of 18. Documentation to prove local preference: e.g. utility bills, drivers licenses, tax bills, rental agreements etc. etc. _____ Identification such as driver’s license, birth certificate to show age for over 55 developments Disability Verification Form or SSDI Award Letter 5 most recent consecutive pay stubs if pay is steady without significant variations, or 12 months for inconsistent or seasonal pay, for all working members of the household, 18 years and over. Verification of child support or Alimony (Copy of child support order, divorce decree, etc.) Verification of any other household income e.g.: Social Security, SSI, VA benefits, Unemployment benefits, and/or public assistance. We need official statement of monthly amount received for the current year 3 Months Savings account Statements -Please send copies of all pages of account statement 3 Months Checking account Statements- Please send copies of all pages of account statement Identification of all Cash Deposits into Checking and Savings account. Identify and provide source documents. Most recent Federal Tax Return (1040)-Copy of signed tax return. If you have not filed a tax return, please call 800- 829-1040 and ask for a print out. Only federal taxes please, no state taxes. Verification of cash value of all assets (assets are generally non- cash items that can be converted to cash, such as stocks, Certificates of Deposit, IRA’s retirement funds). This does not include car or furniture. (Copies only) Detailed list supplied upon request. SELF EMPLOYMENT People who are self-employed will need to submit ALL of the above documentation plus the following: Copies of Schedule C for the past two (2) years. A Notarized Profit and Loss Statement reflecting your earnings and expenses, to date for the current year. The name of the business must be on the Profit and Loss Statement. It must show quarterly or yearly profit and loss, include income and expenses and must be for the previous 12 months. Housing Assistance Corp., 460 West Main St., Hyannis, MA 02601 CCRE@haconcapecod.org 508-771-5400x 284 159 Attachment O- Lottery procedures, including fair marketing and outreach methods 160 Serenity Apartments at Brewster Age 55+ Rental Affirmative Marketing Plan and Lottery Process Serenity Apartments at Brewster is an age 55+ 132 Unit, refreshed and revitalized independent living apartment project located at 873 Harwich Road in Brewster, MA 02631. The project development team is Elevation Financial Group. There will be 27 Studio and 1-bedroom Units set aside for tenants earning at or below 80% of Barnstable County AMI. The rents for the 15 studios will be $1111.00, 2 studio DLX units at $1161.00, 9 one -bedroom units at $1186.00, and 1 one-bedroom DLX at $1211.00 With utilities, the rents for the 15 studios will be $1,261, 2 Studio DLX $1,311, 9 one-bedroom units at $1,336 and 1 one-bedroom DLX unit at $1,361. 1. Marketing Timeline Affirmative and General Marketing Initial marketing period will be 60 days Application Distribution Ongoing during marketing period Information Session Within marketing period. Complete Applications Due At end of 60 day marketing period Initial Screening Applications to be reviewed upon receipt Notification of Preliminary Eligibility Within 3 weeks of end of marketing period Lottery Within 30 days of end of marketing period 2. Advertising and Outreach Marketing of the units will be conducted to provide maximum opportunity for low income households, minorities and disabled persons to apply. The affirmative marketing is designed to achieve a percentage of minority lottery applicants equal or greater than the percentage of minority households in the Barnstable County Metropolitan Statistical Area of 10.5% as based upon the 2019 US Census; and to provide maximum opportunity for low and moderate income households, including minority households, to apply for the lottery. Paid display ads will be placed in the Cape Cod Times, and will run a minimum of two times during the 60 day marketing period. Public Service announcements will be sent to radio and cable networks. Project Information will appear on the CHAPA (massaccessregistry.org) and HAC (www.haconcapecod.org) websites. Marketing on social media such as Facebook, Craigslist, Twitter and Cape Community Real Estate website 161 Flyers will be mailed or emailed to and or posted at a variety of local organizations, including housing groups, social service organizations, churches, libraries, veterans’ organizations, elder services, advocates for the disabled, schools, municipalities, tribal councils, banks, and civic groups. The fair housing logo and slogan will be featured on all marketing materials. Applications will be available at Housing Assistance Corporation, the Brewster Town Hall, and the Brewster Public Library. Brewster library has evening hours. Serenity apartments at Brewster will also provide application and have the application available online for download. Program summary and application will note that a translator will be provided upon request. Outreach materials will include a telephone number and e-mail address that applicants may use to request applications by US mail. Interested applicants can also pick up an application at the public Informational Session. Mass Relay 711 is available for hearing impaired applicants. (Mass Relay enables hearing impaired applicants who do not use a text telephone (TTY) to communicate over regular telephone lines) 3. Non-discrimination Policy: Discrimination on the basis of race, creed, color, sex, age, disability, marital status, familial status, veteran’s status, sexual orientation, and/or national origin, or any other basis prohibited by law and is specifically prohibited in the renting of this unit/these units. The Fair Housing logo () and slogan (“Equal Housing Opportunity”) will be included in all marketing materials. 4. Preferences 4.1 Local Preference The Town of Brewster will request DCHD approval for a local preference for up to 70%/50% of the units in the Serenity Apartments at Brewster Lottery. Local preference is defined as follows: Current residents: A household in which one or more members is living in The town of Brewster at the time of application. Documentation of residency should be provided, such as rent receipts, utility bills, street listing or voter registration listing. Municipal Employees: Employees of the Town of Brewster, such as teachers, janitors, firefighters, police officers, librarians, or town hall employees. Employees of Brewster Businesses: Employees of businesses located in Brewster Households with children attending Brewster schools If the percentage of minority households in the local resident pool is less than the greater of the percentage of minorities in the Barnstable MSA, then adjustments to the local preference pool will be made in accordance with the Department of Housing and Community Development’s Local Initiative Program Guidelines, Local Action Units. 162 4.2 Household Size Preference Household size should be appropriate for the number of bedrooms in the unit. Maximum occupancy is determined by State Sanitary Code. Lottery drawings shall result in each applicant being given a ranking among other applicants with households receiving preference for units based on the below household size criteria. Larger Household Preference: Within an applicant pool first preference shall be given to households requiring the total number of bedrooms in the unit based on the following criteria: There is at least one occupant per bedroom. (Note disabled households must not be excluded from a preference for a larger unit based on household size if such larger unit is needed as a reasonable accommodation). A husband and wife, or those in a similar living arrangement, shall be required to share a bedroom. Other household members may share but shall not be required to share a bedroom. A person described in the first sentence above shall not be required to share a bedroom if a consequence of sharing would be a severe adverse impact on his or her mental or physical health and the lottery agent receives reliable medical documentation as to such impact of sharing. Within an applicant pool second preference shall be given to households requiring the number of bedrooms in the unit minus one, based on the above criteria. Third preference shall be given to households requiring the number of bedrooms in the unit minus, two, based on the above criteria. The two affordable studio units are restricted to one-person households. A “household” shall mean one or more persons who will live regularly in the unit as their principal residence and who are related by blood, marriage, law or who have otherwise evidenced a stable inter-dependent relationship, or an individual. 4.3 Disability Preference Disability preference may be provided if the unit is handicap accessible. If one or more members of the household are disabled, according to the definitions of HUD Definition of a Person with A Disability Under Federal Civil Rights Laws [24 CFR Parts 8.3 and 100.201], your household will receive a Disability Preference. There is one accessible/sensory unit. All those applicants who meet the definition of disabled will receive a preference to participate in this lottery drawing. 5. Income Eligibility The total gross income of an applicant and all other members of the household over the age of eighteen (18) may not exceed 80% of the area median income for the Barnstable County, adjusted for family size, as the U.S. Department of Housing and Urban Development (HUD) determines such median income annually. Based on HUD’s 2021 area median income figures, an applicant’s total household income cannot exceed the following limits: 163 Certification of income eligibility will be made using the methods approved by DHCD. 6. Lottery Process: The lottery will be held within 30 days of the end of the 60 day marketing period. No individual having a financial interest in the project or their families may participate in the lottery. Lottery numbers for applicant households are placed in all lottery pools for which they qualify. Ballots are randomly drawn and listed in the order drawn (by pool, if applicable). Lottery drawing shall result in each applicant being given a ranking among other applicants. The Lottery Administrator will retain a list of households who are not awarded a unit, in the order in which they were drawn. Affirmative Marketing/Local Preference Pool: The percentage of minority households (Black or African American; Asian; Native American or Alaskan Native; Native Hawaiian or Pacific Islander; Other non-White; and Hispanic or Latino ethnicity) in Brewster is 5.3%; and the percentage of minority households in the HUD area is 10.5% (Barnstable MSA). The minority participation goal is 10.5% which is the greatest of the town and HUD designated area. If the percentage of minority applicants in the local preference pool is below 10.5% (the HUD designated area), a preliminary lottery will be held. Minority applicants who do not have local preference will be entered into a preliminary drawing. Minority applicants will be added to the local preference pool in order of their rank until the local preference pool has at least 10.5% as great a percentage of minority applicants as the HUD designated area. Lottery numbers will be assigned for each applicant household showing the application preference points, if any. Numbers for each applicant household will be placed in each pool in which they are eligible. For example, a local resident would be entered in the Local Resident Pool and the Open Pool. A non-resident would be entered in the Open pool only. All of the numbers will be randomly drawn from each of the selection pools and placed in the order drawn on a ledger indicating the application number and the preference points, if any. Within each selection pool, units will be assigned by proceeding down the list of applicants drawn to the first household with the highest number of preference points. See Household size section. This process will continue until all available units have been assigned a ranking in the Local Resident Pool and the Open Pool. 2021 Barnstable/County Income Limits; see www.huduser.org Household size 1 person 2 persons 80% Income Limits “Low Income” $54,450 $62,200 164 Housing Assistance Corporation will turn the results of the lottery over to the management staff at Serenity Apartments at Brewster, who will award units based on the ranking of the lottery and their tenant selection criteria. 460 West Main St. Hyannis, MA 02601 hac@haconcapecod.org 508-771-5400 fax: 508-775-7434 165 Attachment P- Serenity at Brewster Tenant Selection Plan 166 1 of 17 CONVENTIONAL SENIOR TENANT SELECTION PLAN SERENITY APARTMENTS AT BREWSTER 873 Harwich Rd, Brewster, MA 02631 It is the Policy of SERENITY APARTMENTS AT BREWSTER, to provide Housing on equal opportunity basis. Residency is open to all qualified persons in accordance to the Fair Housing Act which prohibits us to discriminate on the basis of age, race, color, creed, religion, sex, national origin, disability, sexual orientation, gender identity, and familial status. SERENITY APARTMENTS AT BREWSTER adheres to all federal, state and local fair housing and equal opportunity laws. To guarantee compliance with the Federal Fair Housing Acts, an application is required for all applicants. ELIGIBILITY REQUIREMENTS SERENITY APARTMENTS AT BREWSTER shall use the guidelines and procedures described below at the time of the application process to make a final determination of household eligibility. All applicants for housing at this community must pass certain eligibility and screening factors. All families must be individually determined eligible under the terms of this policy. In order to be determined eligible, an applicant(s) must meet ALL of following requirements: a. The applicant must qualify as a family or an eligible single person. b. The applicant is at least 55+ years old or older. c. The applicant’s minimum income must be two times the amount of the monthly rent. d. If receiving subsidy, you must follow the income guidelines provided by Housing. e. The applicant must undergo criminal/credit background checks on all family members and be clear of misdemeanor, felony, drug, or sexual offense convictions. See Criminal History section below. f. The applicant must undergo a rental history check on all family members and must possess a satisfactory record of at least the last two years. g. A credit report is done on each applicant prior to move-in to determine eligibility. The applicant must have a satisfactory record in meeting past financial obligations, especially in payment of rent. In situations where an unsatisfactory record is obtained, SERENITY APARTMENTS AT BREWSTER may deny your application. h. We will require a second deposit if the applicant does not have ANY credit and 167 2 of 17 rental history. See Credit and Rental history section below. i. A birth certificate or passport is required to show proof of age and eligible citizenship status. j. The applicant/tenant may be required to maintain an active Renter’s Insurance policy. k. All applicants must cooperate in completing, dating and signing the rental application, and providing information necessary to determine their eligibility for housing including but not limited to income, assets, and identity. All applications must be reviewed at the time of submission to ensure we have all information needed to determine eligibility. Screening Criteria SERENITY APARTMENTS AT BREWSTER will screen all applicants upon application process for move in and may do so at annual renewal. 1. Screening verification includes but is not limited to statewide criminal check for all states the applicant has resided in, credit check, rental history check, and criminal/sexual offender check. Screenings are valid for 120 days. The screening verification will be conducted during the processing of the application. 2. If the applicant or any member of the applicant household fails to disclose rental history fully and accurately, the application may be denied based on the applicant’s “misrepresentation” of information. 3. SERENITY APARTMENTS AT BREWSTER may require, as a condition of providing admission, an applicant to obtain records from state and local agencies to determine whether an applicant is subject to a lifetime sex offender registration requirement and an opportunity to dispute the accuracy and relevance of that information. As well as any other criminal background record verification. Verification of Income and Circumstances No applicant(s) shall be admitted without thorough verification of income, family composition and all other factors pertaining to the applicant’s eligibility, rent, unit size and type, priority rating, etc. Complete and accurate verification documentation shall be maintained for each applicant and resident. Co-signers may be accepted (if applicable). Such documentation may include, but is not limited to, the following: 1. Eight weeks of consecutive paystubs or other letter/statements from employers and other pertinent sources giving authoritative information concerning all items and amounts of income and deductions, together with other eligibility determinations. 168 3 of 17 2. Third party verification forms may be used and supplied by SERENITY APARTMENTS AT BREWSTER and returned properly completed by employers. 3. Statements and incomes taxes from self-employed persons, and from persons whose earnings are irregular, such as salesmen, etc., sworn to before a Notary, setting forth gross receipts, itemized expenses and net income (expenses incurred for business expansion or amortization of capital indebtedness are to be included in net income). 4. State approved photo identification, passport or other substantial proof of age for all members of the household. 5. Third party verification forms will be used to determine Landlord rental history. 6. When landlord verification cannot be accomplished by third party verification, the property may do a verbal verification via phone call. 7. If receiving subsidy, you must follow the Housing guidelines. Disclosure of Social Security Numbers Applicants must disclose social security numbers (SSNs) in order for SERENITY APARTMENTS AT BREWSTER to make an eligibility determination. This paragraph explains the requirements and responsibilities of applicants or residents to supply this information; the responsibility of SERENITY APARTMENTS AT BREWSTER is to obtain this information, and the consequences for failure by either party. a. Key Requirements (i) Applicants must provide social security numbers (SSNs) for all members of the household, or, if no SSN has been assigned, the member must complete a certification that no SSN has been assigned. Documentation necessary to verify a social security number is a valid SSN card issued by the Social Security Administration, with the following exceptions: noncitizens who do not claim to have eligible immigration status. No application will be processed if Social Security number has not been provided within a 24-hour period when the application is submitted. (ii) Applicants who have not disclosed and/or provided verification of SSNs for all non-exempt household members has 90 days from the date they are first offered an available unit to disclose and/or verify the SSNs. During this 90-day period, the applicant may, at its discretion, retain its place on the waiting list. After 90 days, if the applicant is unable to disclose and/or verify the SSNs of all non-exempt household members, the applicant should be determined ineligible and removed from the waiting list. 169 4 of 17 b. Required Documentation Applicants must provide documentation of SSNs. Adequate documentation means a social security card issued by the Social Security Administration (SSA) or other acceptable evidence of the SSN. c. Provisions for Accepting Applicants without Documentation of Social Security Numbers. When an applicant has a SSN but does not have the required documentation, the applicant may submit the SSN and certify that the number is accurate but that acceptable documentation could not be provided. SERENITY APARTMENTS AT BREWSTER may accept the certification and continue to process the individual’s application. HUD regulation 24 CFR 5.216 now requires that HUD applicants and tenants, excluding tenants age 62 and older as of January 31, 2010, whose initial determination of eligibility began prior to January 31, 2010, and those individuals who do not contend eligible immigration status, to disclose and provide verification of the complete and accurate SSN assigned to them. When determining the eligibility of an individual who meets the exception requirements for SSN disclosure and verification, management will obtain documentation where the initial determination of eligibility was determined prior to January 31, 2010, that verifies the applicant’s exemption status. This documentation must be retained in the tenant file. Management must not accept a certification form the applicant stating the qualify for the exemption. Failure of an applicant to cooperate with SERENITY APARTMENTS AT BREWSTER in obtaining information verifications will result in the application being declared incomplete and inactive. A tenant who fails to cooperate or to release information may be evicted due to material noncompliance. If the verified data listed in this policy is not more than 120 days old at the time an applicant is selected for admission, the data will be considered as reflecting the applicant family’s status at the time of admission. If data is more than 120 days old, all factors are to be re-verified and findings recorded. As part of the application record of each applicant determined to be eligible for admission, the admitting staff member or his/her supervisor shall certify that an investigation has been made of the applicant family and that on the basis of this investigation, it has been determined that the applicant and his/her family meet all the conditions governing eligibility. 13. Summary of Verified Data: A summary of verified information shall be prepared upon receipt 170 5 of 17 of all required verification documentation and shall include the following determinations: a. Eligibility—the applicant meets the definition of Family as defined in this policy and is within the appropriate income minimum limits for admission b. Date and time of completed application c. Size of unit needed or requested by family d. Income inclusions and Rent to be paid Reasons for Denial of Admission Sources of information for eligibility determination may include, but are not limited to, the applicant (by means of interviews), credit, landlords, employers, court records or police departments where warranted by the particular circumstances. Information relative to the acceptance or rejection of an applicant shall be documented and placed in the applicant’s file. Such documentation may include reports of interviews, letters or written summaries of telephone conversations with reliable sources. At a minimum, such reports shall indicate the date, the source of information, including the name and title of the individual contacted, and a summary of the information received. Once eligibility has been determined based on the criteria set forth by owner/agent, management will evaluate each applicant to determine eligibility utilizing its resident screening criteria. Misrepresentation The applicant(s) must have properly completed all application requirements, including verifications. Misrepresentation of income, family composition or any other information affecting eligibility, rent, unit size, neighborhood assignment, etc. will result in the family being declared ineligible. In the event the misrepresentation is discovered after admission, the family may be subsequently evicted, even if the family meets current eligibility criteria at that time. Rental History a. Any household containing a member(s) who was evicted in the past will be denied housing. b. The applicant(s) must not have any record of disturbance of neighbors, destruction of property, unsafe living habits, unsanitary housekeeping practices, substance abuse, or any other history that may be reasonably expected to adversely affect: (i) The health, safety, or welfare of other residents, staff on property. (ii) The peaceful enjoyment of the neighborhood by other residents, staff; or, 171 6 of 17 (iii) The physical environment and fiscal stability of the property. c. The applicant must not have a record of unsanitary or hazardous housekeeping. This includes creating any health or safety hazard through acts of neglect and causing or permitting any damage to or misuse of premises and equipment. If the family is responsible for such hazard, damage or misuse, including but limited to, causing or permitting infestation, hoarding, foul odors or other problems injurious to other person’s health, welfare or enjoyment of the premises; disposing garbage improperly; failing to use in a reasonable and proper manner all utilities, facilities, services, appliances and equipment within the dwelling unit or failing to maintain them in a clean condition; or any other conduct or neglect which could result in health or safety problems or in damage to the premises. d. The applicant family must be able to demonstrate capacity to uphold all lease obligations. e. The applicant must not have a history of non-compliance with rental agreements including failure to comply with the rental agreements on prior residence, such as providing shelter to unauthorized persons, acts in violation of rules and regulations, and painting or remodeling without permission of the owner. f. Applicants who owe a balance to present or prior landlords will not be considered for admission until the account is paid in full and reasonable assurance is obtained that the causes for nonpayment of rent or damages have changed sufficiently to enable the family to pay rent and other charges when due. g. There is a landlord history of civil disturbances in the last 2 years. h. There is a landlord history of physical abuses or damages to previous places of residence in the last 2 years. i. There is a landlord history of late, untimely payments of rent, damages or other charges in the last 2 years. j. There is a landlord history of non-compliance with former lease terms in the prior last 2 years. k. There is a landlord history of irresponsible personal and community behavior in the last 2 years. Applicants with no Rental history will be considered if they can demonstrate a good credit history. If the applicant(s) do not possess ANY credit history, we will require a second deposit equal to the amount of the first one. Criminal History 172 7 of 17 A criminal/sex offender background is run on all applicants prior to move-in and we may do so at annual renewal to determine eligibility. SERENITY APARTMENTS AT BREWSTER shall prohibit admission for any household member who possesses any of the following: a) Any household member who has been convicted of a felony within the past 10 years or a misdemeanor within the past 5 years. b) Felony or misdemeanor charges related to check writing history will not be a reason for denial. However, the tenant will be required to pay Rent or other charges with money orders or certified checks for a period of 1 year. c) Felony or misdemeanor charges related to Traffic violation will not be a reason for denial. d) Any household member who is subject to a lifetime registration requirement under a state sex offender registration program. e) Any household member who is currently engaged in illegal use of drugs or any other crime for which the owner has reasonable cause to believe that it may interfere with the health, safety and right to peaceful enjoyment of the property by other residents. f) Any household member who has been arrested, has a charge pending, or has been convicted or formally charged with a felony or misdemeanor. g) If a determination is made that the applicant or any household member’s abuse, pattern of abuse, of alcohol interferes with the health, safety or right to peaceful enjoyment of the premises by other residents, the application will be denied. h) Management reserves the right to require criminal background checks during the application process and at renewal. Credit History a) Applicants with more than three (3) accounts in collections within the past two years will be denied. b) Public records such as collections and judgments are included as collection accounts. c) Foreclosure proceeding within the past two (2) years is rated as a collection account. Certificate of Sale needs to be provided. d) Bankruptcy proceeding within the past two (2) years is rated as a collection account. Discharge of Debtors needs to be provided. 173 8 of 17 e) Federal and State Tax liens within the past two (2) years are counted as a collection account. Prior to the two (2) year period we may request proof of payment/release on any Lien over $1,000.00 that is still on the applicant’s credit history. f) Financial Aid or School Loans in collection standing are counted. g) Medical collections in negative standing are not counted. h) Any amount showing owed to a prior management company can be grounds for denial. We reserve the right to ask for proof of full payment. i) Any other item(s) that appear on the credit report, which would reflect negatively on the applicant, will be reviewed and a decision will be made based on the date, source, and amount of action. j) Applicants with no credit history will be considered if they can demonstrate good rental history. If the applicant(s) do not possess ANY rental history, we will require a secondary deposit equal to the amount of the first one. k) Applicants who owe a balance to the local utility provider for present or prior residences will not be considered for admission until the account is paid in full and proof of such is provided. l) These requirements may be waived when extenuating circumstances exist, and management determines it is in the interest of the property to do so. DETERMINATION AND NOTIFICATION OF ELIGIBILITY 1. After receipt of an application, SERENITY APARTMENTS AT BREWSTER will determine the applicant family’s eligibility for housing in accordance with the provisions of this policy. In the event an applicant family is determined to be eligible, the family shall be placed on the waiting list (if any), and informed of the time estimated before an offer of a dwelling unit will be made. If this period is estimated to be longer than one year, the applicant family shall be informed of this fact. 2. Eligible applicant(s) will be notified that eligibility determination is tentative in nature, being largely based on declarations made by the applicant family, and is subject to further reviews prior to admission. 3. In the event an applicant is determined to be ineligible, the applicant will be informed in writing the basis for this determination. The applicant will be advised that should an informal review be desired, a written request to this effect must be received by SERENITY APARTMENTS AT BREWSTER within 14 business days of the date of the notification of ineligibility. Persons with disabilities have the right to request reasonable accommodation to participate in the informal hearing process. 174 9 of 17 4. Thorough investigation of each applicant will be conducted during the Tenant Interview. Eligibility will be verified by SERENITY APARTMENTS AT BREWSTER staff within the provisions of this policy. The Tenant Interview will be conducted at the time the application is submitted for review. 5. Applicants denied a preference shall be notified in writing about the denial. The notice shall contain a brief statement of the reason(s) for the determination and state that the applicant has a right to meet with a representative of SERENITY APARTMENTS AT BREWSTER to review the determination. 6. In all cases, SERENITY APARTMENTS AT BREWSTER reserves the right to withdraw any determination of eligibility, tentative or otherwise, when additional information indicated that the prior determination was inappropriate. 7. Informal Review a. If a request for a review is received within the specified fourteen (14) day period, SERENITY APARTMENTS AT BREWSTER will notify the applicant, in writing, of the scheduled date and time of the review. b. SERENITY APARTMENTS AT BREWSTER General Manager will conduct the informal review. c. SERENITY APARTMENTS AT BREWSTER will present factual or other basis for its decision. The applicant may also present his/her position. Subject to the direction of the General Manager, the applicant and SERENITY APARTMENTS AT BREWSTER may offer and examine evidence and question any witnesses. d. The General Manager will issue a written decision, stating the facts and/or other basis for the decision. The decision or any other issue of fact will be based solely upon evidence presented at the hearing. A copy of the decision will be furnished to the applicant within 5 days of the decision. e. The record of such review/determination will be maintained in SERENITY APARTMENTS AT BREWSTER Office. OCCUPANCY STANDARDS Dwelling units are to be leased in accordance with the occupancy standards set forth below. 1. The following system will be used as a guide to determine proper bedroom size for each applicant and resident: a. Family size must be in compliance with the available management policy, state and local codes. Please see the diagram below. 175 10 of 17 Dwelling units will be assigned in accordance with the following standards: Persons Per Household 2. Applicant should list each size unit they are interested in applying for on the application in order to be placed on the waiting list (if any) for that size unit. WAITING LIST SERENITY APARTMENTS AT BREWSTER will select applicants for admission without discrimination based on race, color, sex, creed, or national origin. Neither will SERENITY APARTMENTS AT BREWSTER discriminate because of religion, age, physical handicap, pregnancy, parenthood, nor marital or veteran status. The selection of applicants for occupancy of available units will be in conformance with all Fair Housing & Equal Opportunity Requirements. Applications will be filed and selected by unit type and size and by date and time of application. SERENITY APARTMENTS AT BREWSTER Waiting List will be ordered as follows: (i) By date and time of application received. (ii) By unit type and unit size (number of bedrooms). Vacant units will be assigned and/or offered to applicants/residents on the waiting list in the following order respectively: a. Current residents (i) Unit transfers for Under Housed Residents/ Residents requiring accessibility features/ a transfer deemed necessary. b. New Applicants (i) Applicants in the order of the waiting list (if any) Bedroom Size Minimum number of Persons Maximum Number of Persons Studio 1 2 1 1 2 176 11 of 17 Maintaining the Waiting List Procedure 1. The Property’s designated staff is responsible for maintaining the number of applicants on the waiting list and the length of time applicants are waiting for an apartment. 2. Upon receipt of the application, the Property’s staff will review the document to determine completeness and enter the applicant’s information on the waitlist. 3. Applicants who provide all required documentation will be placed on the waiting list based on the family’s verified preference, date and time on the completed application and was received by the SERENITY APARTMENTS AT BREWSTER office. 4. Applicants may be placed on more than one waiting list at any given time once eligibility for that unit size is verified by SERENITY APARTMENTS AT BREWSTER. 5. Application shall be considered complete when all required verifications are received, and all application questions are completed. No blanks shall be left on the application. The application shall be signed by the applicant(s) and the Property’s designated staff. 6. The Property’s designated staff will notify the applicant of eligibility and placement on the waiting list. 7. If the applicant(s) family is ineligible, then SERENITY APARTMENTS AT BREWSTER staff will notify the applicant in writing of ineligibility and afford the opportunity for an informal review as outlined in the Tenant Selection Plan. 8. It is the responsibility of the applicants who are on the waiting list to keep the application current. When an applicant’s circumstances change, the applicant must report all changes to SERENITY APARTMENTS AT BREWSTER. 9. If the information affects the applicant’s claim for preference, once verified, the pre- application will be re-prioritized using the time and date of acceptance of the original application. If the applicant reports an increase in family size from the size stated on the application form, it will not affect the applicant’s placement on the waiting list. 10. The waiting list is organized by date and time of application. 11. If the applicant notifies SERENITY APARTMENTS AT BREWSTER about a change in preference claim, the Property Manager will adjust the applicant’s position on the waiting list accordingly. Applicants may be placed on more that one waiting list at any given time once eligibility for that unit size is verified by SERENITY APARTMENTS AT BREWSTER. 177 12 of 17 Dwelling Unit Availability Offers When the applicant is matched to a specific unit, the dwelling unit becomes “unavailable” until the offer is made and accepted or rejected. In order to reduce vacancy loss, it is necessary that processing from this point move as quickly as possible. To that end, the following conditions shall apply to dwelling unit offers: a. As an applicant moves near the top of the waiting list, SERENITY APARTMENTS AT BREWSTER will contact the applicant(s) to determine continued interest, to update their information with a new application for final processing, to alert the applicant that an offer is likely in the near future, and to inform the applicant of the requirements for move-in, such as security deposits, prorated rent, etc. b. Upon availability for occupancy, an applicant will be offered a unit. c. Upon offer of an apartment, the applicant shall have one (1) business day to accept or reject the apartment. Failure to give answer within the prescribed time period shall be counted as rejection of the offer. d. Upon acceptance of the offer, the applicant will be assigned a deadline for move-in. Before the end of this period, the applicant must complete all outstanding pre-occupancy requirements, such as unit inspection, establishment of utility services, leasing interview, and lease execution. Failure to complete move-in requirements within the assigned period will result in withdrawal of the offer and inactivation of the application. Unit Refusals a. Applicants will be made two (2) offers of a unit of appropriate size and type. Should the family reject the first offer; the applicant(s) will be able to stay in the wait list for one more offer. b. The applicant would be made a second offer in accordance with the provisions of this policy. Upon refusal of the second offer, including any units in sections of the development previously refused, the application will be marked ineligible and removed from the waiting list. c. Applicants not responding to an offer of housing by SERENITY APARTMENTS AT BREWSTER shall be ruled ineligible and their application will be removed to the inactive/ineligible file and documented. d. An applicant will have one (1) business day to accept or reject an offer of housing after notice of unit availability. ADMISSION OF ADDITIONAL MEMBERS TO A CURRENT HOUSEHOLD The resident of a household that wishes to add additional members to their household must first submit 178 13 of 17 a written application, in the form prescribed by management, for approval by the General Manager or his/her designee. Eligibility Criteria a. All new member(s) must be determined eligible in accordance with the eligibility criteria listed in the Tenant Selection Plan. b. The unit in which new members are requesting admission shall not be overcrowded and shall be maintained in accordance with the Occupancy Standards. Application or Tenancy Denial SERENITY APARTMENTS AT BREWSTER may deny the application or continued tenancy for any of the following reasons: a. All new member(s) do not meet Eligibility Criteria as outlined in the Tenant Selection Plan. b. The dwelling unit is overcrowded or would exceed the Occupancy Standards. c. Other reasons as determined by SERENITY APARTMENTS AT BREWSTER. INCOME ELGIBILITY SERENITY APARTMENTS AT BREWSTER will assign 20% of the dwelling units as Low and Moderate Income Units. Persons occupying Low and Moderate Income Units must certify all income sources and disclose all assets. In order to be deemed eligible, the household’s annual adjusted gross income cannot exceed eighty percent (80%) of the median income for the Area, as provided by HUD at initial move in. Household Size Maximum Income 1 Person $54,450 2 People $62,200 *Effective 04-01-2021 All households will be required to recertify income and assets annually. Recertification will be effective within one year (365 days) from the initial move in date and will occur each year the household remains in the Low and Moderate Income Unit. Failure to complete the annual recertification within one year of initial move in and thereafter can result in lease termination. TRANSFER POLICY 179 14 of 17 Reassignment or transfers to other dwelling units shall be made without regard to race, color, or national origin. There is a transfer fee of $300.00 unless SERENITY APARTMENTS AT BREWSTER initiated the transfer. Please see below for the types of Apartment initiated transfers. Objectives of the Transfer Policy a. To fully utilize available housing resources while avoiding overcrowding by ensuring that each family occupies the appropriately sized units. b. To facilitate relocation when required for modernization or other management purposes. c. To eliminate vacancy loss and other expenses due to unnecessary transfers. Types of Transfers a. SERENITY APARTMENTS AT BREWSTER Initiated SERENITY APARTMENTS AT BREWSTER may, at its discretion, transfer residents because of an uninhabitable unit, major repairs, or other actions initiated by management for the reasons listed below. A resident shall not be transferred to a unit that is not decent, safe, and sanitary. Example: (i) In the event of a fire, flood, accident, or natural disaster that results in the dwelling unit becoming inhabitable, the resident will be offered alternative accommodations within the neighborhood if a rentable unit in the appropriate size is available. If the appropriate size is not available, the family may be over housed but placed on the transfer list with the transfer being accomplished at the appropriate time. b. Transfers for Approved Medical Reasons or accessible units A resident who desires to relocate on advice of a physician may request a transfer with SERENITY APARTMENTS AT BREWSTER; however, the resident must provide SERENITY APARTMENTS AT BREWSTER with verification from an approved physician. A unit transfer will be granted based on the need for an accessible unit. c. Transfers to Appropriately Sized Unit If the resident’s family composition NO LONGER conforms to SERENITY APARTMENTS AT BREWSTER occupancy standards for the unit occupied, SERENITY APARTMENTS AT BREWSTER may require the resident to move into a unit of appropriate size. This section establishes both that SERENITY APARTMENTS AT BREWSTER has an obligation to transfer residents to the appropriately sized unit and that residents are obligated to accept such transfers. These will be made in accordance with the following principles: 180 15 of 17 (i) Determination of the correctly sized apartment shall be in accordance with SERENITY APARTMENTS AT BREWSTER Occupancy Standards. (ii) Transfers shall be made to correct occupancy standards and shall take precedence over new admissions. Priorities for Transfers Within the eligible types of transfers, transfers shall be performed according to the following priorities: (i) SERENITY APARTMENTS AT BREWSTER initiated transfers; (ii) Medical transfers; (iii) Residents who are under housed by one bedroom; Transfer Procedures The General Manager or other designated staff shall: ✓ Prepare and prioritize a transfer waiting list. ✓ Notify residents of their pending transfers or approval of transfer request. ✓ Determine whether a vacancy is used for transfer or move-in. ✓ Maintain transfer logs and records for audit. ✓ Notify residents with pending transfer as their name approaches the top of the list. ✓ Conduct home visits at the current dwelling unit for housekeeping. ✓ Process transfer documents to appropriate SERENITY APARTMENTS AT BREWSTER staff. ✓ Inspect both apartments involved in the transfer, charging for any resident abuse. ✓ Tenant(s) pays all outstanding charges due to SERENITY APARTMENTS AT BREWSTER . The resident’s security deposit may be transferred to the new dwelling unit provided that SERENITY APARTMENTS AT BREWSTER does not claim all or any part of the security deposit. The resident shall pay all or any part of the security deposit required for the new dwelling unit, to either replace or supplement the security deposit from the original dwelling unit, or any balance remaining after any claims are made by SERENITY APARTMENTS AT BREWSTER. ✓ Family pays a transfer fee of $300.00. ✓ Tenant(s) signs new lease. Only one offer of an apartment will be made to each resident being transferred within his or her own neighborhood. In the case of a family being transferred from a unit that is uninhabitable, incorrectly sized, or scheduled for major repairs, failure to accept the unit offered will be grounds for termination of lease. When a person has requested a transfer for approved medical reasons declines the offer of such an apartment, SERENITY APARTMENTS AT BREWSTER is not obligated to make any 181 16 of 17 subsequent offers. SERENITY APARTMENTS AT BREWSTER has discharged its obligations to the resident, that he/she remains in the apartment at his/her own risk, and that SERENITY APARTMENTS AT BREWSTER assumes no liability for his/her condition. Any resident aggrieved by any action or inaction of SERENITY APARTMENTS AT BREWSTER relative to his/her transfer request may file a request for a hearing. Right of Management to Make Exceptions This policy is to be used as a guide to ensure fair and impartial means of assigning units for transfer. It is not intended that this policy shall create a property right or any other type of right for a resident to transfer or refuse transfer. Management reserves the right to make exceptions to this policy as circumstances require. NOTE: All applicants in a household will be processed as one approval or denial for an apartment. If any one of the applicants has negative rental history, negative credit history or negative criminal history all applicants will be denied. I have been given the opportunity to ask questions that pertain to the Tenant Selection Plan. By signing below I/we certify that we/I have read and received a copy of this plan. 182 17 of 17 SERENITY APARTMENTS AT BREWSTER TENANT SELECTION PLAN I have been given the opportunity to ask questions that pertain to the Tenant Selection Plan. By signing below I/we certify that we/I have read and received a copy of this plan. __________________________________________ ____________________________ Signature of Head of Household Date __________________________________________ ____________________________ Signature of Co-Head of Household Date 183 Attachment Q- Serenity at Brewster Renovation Plan with affordable housing units 184 7 4 11,4 I VIIIIISIII 7=7 7=7 • w. AFFORPASIZMIT =7 10101allni gam: ENE X m7 ,10 l i ion I I 7011010 75' ©o .0111. rr NW • III 71011,, IIIIIIlililii IIIIIIIIIIIIII INJ 14.416. AIME ARP 111111111111M IN I . 171inr r, jfv,g SERENITY APARTMENTS AT BREWSTER - PH II RENOVATION • Prepared For: ELEVATION FINANCIAL 08/23/21 ARCHITECTS FIRST FLOOR PLAN - AFFORDABLE UNITS 1°' 185 1.8111.0 -A- T=T I , AFFORDABLE UNIT Tgr ..."7-1 7,..... E w -a-"ET -g. W., . 1 w w - a ° SERENITY APARTMENTS AT BREWSTER - PH II RENOVATION • Prepared For: ELEVATION FINANCIAL SECOND FLOOR PLAN - AFFORDABLE UNITS 08/23/21 ARCHITECTS I 02 --- i 186 Attachment R- Request for Local Preference (Draft, finalized after Select Board vote) 187 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 November__, 2021 Rieko Hayashi Local Initiative Program, Local Action Unit (LAU) Application Commonwealth of Massachusetts DHCD 100 Cambridge Street, Suite 300 Boston, MA 02114 RE: Local Preference for Serenity at Brewster Community Housing Dear Ms. Hayashi, Elevation Financial Group has been working with the Town of Brewster on the redevelopment of the vacant former Wingate Skilled Nursing and Assisted Living Facility at 873 Harwich Road, Brewster into Serenity at Brewster, a senior independent living community with 132 units of age 55+ rental housing. Elevation Financial has agreed to designate 20% of the apartments, 27 units, as permanent affordable housing. This is twice the required 10% affordable housing that was a condition of the Cape Cod Commission’s DRI (Development of Regional Impact) for the property. The Town of Brewster is seeking to offer up to __% of the affordable units (__ of 27 affordable units) with a local preference. We believe the following information supports the need to provide affordable rental housing to Town residents: Brewster’s 2017 DHCD approved Housing Production Plan (HPP) identified “rental housing for single people” and “subsidized rental housing for the elderly” as priority affordable housing needs (HPP, pg. 6). Brewster is below the mandated 10% threshold for affordable housing. The current Brewster Subsidized Housing Inventory (SHI) is 5.6% which represents 268 affordable SHI units. Brewster, like many communities across Cape Cod, is challenged by the competing interests of year- round and seasonal housing. 43% of Brewster’s housing stock is occupied part-time, seasonally, or only on occasion. Additionally, since the pandemic and growth in Cape Cod home values, the town is seeing an increase in rental homes being sold. This is exacerbating the existing limited supply of rental housing in Brewster. Only 16% of Brewster’s housing stock is rental housing versus 38% in Massachusetts. Over 44% of Brewster renters are estimated to be either cost burdened or extremely cost burdened. (MHP Datatown, US Census American Community Survey (ACS) 2015-2019 5-year estimates) Currently all three affordable rental properties in Town, the Brewster Housing Authority, Wells Court (Senior housing), and King’s Landing (Multi-age), have multi-year wait lists for openings. Senior housing Office of: Select Board 188 turns over slowly and the Town Housing Coordinator regularly receives calls from residents seeking affordable rental housing. The Brewster Housing Partnership and Select Board have both requested a local preference for the Serenity at Brewster property. Any person or household who qualifies under local preference shall have equal consideration in the local pool and will be eligible in the general pool. As described in the Affirmative Fair Marketing and Lottery Plan, if the percentage of minority local resident applicants in the local preference pool is less than the percentage of minorities in the Barnstable MSA, then adjustments to the local preference pool will be made in accordance with DHCD’ Local Initiative Program Guidelines, Local Action Units. The Town is excited about this new age 55+ housing opportunity in Brewster. 50% of Brewster’s population is estimated to be age 55 or older. (US Census, ACS 2019 5-year estimates). This redevelopment of the property will meet a significant need in the community. Thank you for your consideration of the Town’s local preference request. Regards, Cynthia Bingham Chair, Brewster Select Board cc: Stuart Heaton, Elevation Financial Group Gael Kelleher, Housing Assistance Coordinator Jillian Douglas, Brewster Housing Partnership Jill Scalise, Brewster Housing Coordinator 189 Brewster Housing Partnership Minutes of the June 24, 2021 Meeting ______________________________________________________________________________ Members Present Remotely: Ralph Marotti, Vanessa Greene, Sarah Robinson, Steve Seaver, Jillian Douglas Guests Present: Donna Kalinick, Jill Scalise, Cindy Bingham 1. Call to Order: Meeting called to order via Zoom at 6:00 pm. 2. Declaration of a Quorum: Ralph Marotti declared that a quorum was present. 3. Meeting Participation Statement: Ralph Marotti read the meeting participation statement. 4. Minutes of May HP Meeting: Steve Seaver moved the minutes of May 2021, Vanessa Greene seconded. The Partnership had a role call vote. Vanessa Greene – Yes, Sarah Robinson – Yes, Steve Seaver – Yes, Jillian Douglas – Abstain, Ralph Marotti – Yes. 5. Review of the LIP Process: Donna Kalinick and Jill Scalise presented a draft write-up of guidelines for Local Initiative Projects which were developed with input from the Town Planner. Having written guidelines will assist applicants in understanding the Town’s process. Ralph Marotti and Jillian Douglas clarified the Housing Partnership’s role. Donna Kalinick noted the importance of staff review and asked for any feedback to be provided. 6. Updates: a. Brewster Woods – Ralph Marotti noted that he had attended the Brewster Woods groundbreaking ceremony which had an excellent turnout. Donna Kalinick provided an update that POAH has closed on the financing and will officially be starting phase 2 next week. There will be some overlap between phase 1 and phase 2 and the project is currently 88% complete. The Town recently received agreement from CCRTA to put bus stops at both Serenity Brewster and Brewster Woods and all agreed this was an exciting development. b. Millstone – The Affordable Housing Trust continues to work on a Request for Proposal related to the Millstone Property. An initial draft was brought forward at their last meeting and technical assistance is being received from Massachusetts Housing Partnership. c. Eastward Properties – Eastward Properties is expected to meet with Town staff in July on a potential proposed project and may be coming before the Housing Partnership in the future. d. Serenity Brewster – Elevation Financial hopes to begin leasing in July and has agreements and deposits in place for some of the units. The Town has been working with Elevation Financial on moving forward on the Local Action Unit application to get 27 units on the Subsidized Housing Inventory. It is hoped that the lottery for the affordable units will be done in the next 9 months. Cindy Bingham noted that she was blown away by how fantastic the building is and encouraged the members of the Housing Partnership to take a tour. Donna Kalinick noted that Elevation Financial made a concerted effort to have community spaces available for residents prior to moving in phase 1 residents. 190 7. Local Preference and Fair Housing Forum Follow-up: Donna Kalinick reviewed the Housing Partnership’s discussions to date on the topic of local preference and fair housing. Ralph Marotti asked for clarification on the definition of local preference and Jill Scalise provided the current definition as someone living or working in Brewster or has a child in the Brewster school system. The intersection of local preference and fair housing was discussed in addition to the process of using pools for selection. 8. Serenity Brewster and Local Preference Discussion and Possible Recommendation: Donna Kalinick noted that the Housing Office and Administration have made a recommendation that it is appropriate to ask for 50% local preference in this case. There is no local funding involved although resources have been put into the project. Donna Kalinick noted that the Town receives numerous calls from former residents who were forced out of Brewster and would like to move back. Jill Scalise added that Brewster Woods requested 70% local preference and the Town expects both projects to be opened around the same time. Jillian Douglas noted that DHCD’s guidelines did change to no longer include those that have been a resident of the Town in the past 5 years. She stated that this is an economic issue and a crisis for our local people. Ralph Marotti noted that we should take each project individually in making recommendations to the Select Board. Donna Kalinick noted that making individual decisions instead of a broad based approach makes sense. She also noted that local preference only applies to the initial lottery and is no longer in place when the unit becomes available again. Cindy Bingham stated that the Select Board very much appreciates the Housing Partnership’s valued opinion in these matters. Vanessa Greene noted that she would be supportive of dialing back the local preference percentage for this project given the recent presentations on ties to fair housing and the Town’s commitment to inclusivity. She moved that the Housing Partnership recommend 50% local preference for the affordable units in the lottery process for Serenity Brewster. Sarah Robinson seconded the motion. The Partnership had a role call vote. Vanessa Greene – Yes, Jillian Douglas – No, Sarah Robinson – Yes, Steve Seaver – Yes, Ralph Marotti – Yes. 9. Housing Production Plan CPC Grant Application: Jill Scalise provided an update that they were completing a CPC grant application for $25,000 to complete a new Housing Production Plan. There was discussion of the application and whether it is appropriate for the Housing Partnership to review given the involvement in the past and an opinion will be received on this. Jillian Douglas raised the topic of the CPC application containing a statement on local preference. Donna Kalinick encouraged the Housing Partnership to reach out to the CPC to discuss further. 10. Reorganization of the BHP: Ralph Marotti noted that Cindy Bingham will no longer be the liaison to the Select Board and thanked her for her continued service to the Housing Partnership. Ned Chatelain will be taking her place going forward. After discussion, Jillian Douglas will be recommended to serve as Chair of the Housing Partnership. Vanessa Greene will be the suggested representative to the Affordable Housing Trust. Lisa Forhan will be contacted to determine whether she will take on the role of Clerk and Vanessa Greene will continue to serve as Clerk if she is not interested in filling the role. Appointments were moved and seconded. The Partnership had a role call vote for all suggested appointments. Vanessa 191 Greene – Yes, Sarah Robinson – Yes, Steve Seaver – Yes, Jillian Douglas – Yes, Ralph Marotti – Yes. 11. Housing Coordinator’s Report: Jill Scalise noted that Habitat for Humanity just received the project eligibility letter for the Red Top Road project. She also noted that she is receiving a lot of inquiries on rental housing and that housing challenges are on the rise. Donna Kalinick added that there were similar reports in the Lower Cape Peer Group meeting and that housing needs are critical. Steve Seaver echoed the need based on his experience in the housing industry. 12. Summer Schedule: Upcoming meetings and needed future work was discussed. Donna Kalinick suggested reaching out to the CPC Chair to determine what the timeline is for the upcoming applications. 13. Standing Committee Updates: a. Affordable Housing Trust – No updates. b. CPC – No updates. c. CHAPA – Jillian Douglas noted that CHAPA is in the process of drafting an e-mail invitation for an upcoming Zoom engagement session. The hope is to bring in some new voices on housing issues. 14. For Your Information: None. 15. Matters Not Reasonably Anticipated by the Chair: None. 16. Next Meeting: TBD. 17. Adjournment: Jillian Douglas moved that the meeting be adjourned. Sarah Robinson seconded. The Partnership had a role call vote. Vanessa Greene – Yes, Sarah Robinson – Yes, Steve Seaver – Yes, Jillian Douglas – Yes, Ralph Marotti – Yes. The meeting was adjourned at 7:12 pm. Respectfully submitted, Vanessa L. Greene 192 FYI (MAIL ) ITEMS November 29, 2021 1. September 2021 & October 2021 Housing Coordinator Update 2. Letter From Concerned Resident Regarding Recreational Marijuana 3. Senior & Veteran Volunteer Tax Abatement Programs a. Senior Tax Abatement Application 2022 b. Veteran Tax Abatement Application 2022 4. Boston Gas Company d/b/a National Grid Notice of Filing 11.01.2021 5. Cape Cod Tech Enrollments as of 10.01.2021 a. Cape Cod Tech FY23 Enrollment for Capital 6. Scott Leonhardt Stony Brook Millsites Committee Application and Screening Form 7. 3rd Quarter Report of the Barnstable Weights and Measures Program 8. CVEC Reporting Summary Report June 30-September 2021 a. CVEC Net Metering Credit and Billing Report – August 2021 b. CVEC Net Metering Credit and Billing Report – September 2021 c. CVEC Consolidated #55 – Harwich Landfill Cash out 9. State Retirees Benefits Trust October Statement a. MassPRIM October Statement 10. Comcast Price Changes 11. Brewster Fire Department Homeless for the Holidays 12. Beach Access for Commercial Shellfish Grants 13. Septic Systems Threaten Brewster’s Pond – Ponds Coalition Ripples Fall 2021 193 Brewster Housing Coordinator Update September 2021 Jill Scalise Ongoing Activities/ Projects 1. Community Outreach and Education (Housing Production Plan (HPP) Strategy #13) • Responded to email and phone requests for information and assistance, 53 total requests for housing information (30) or assistance (23). Office hours held on Thursdays from 10-12. 2. Brewster Affordable Housing Trust Fund (BAHT) (HPP Strategy #7) & Community Housing Parcel off Millstone (Select Board Strategic Plan Goal H-3, HPP Strategy #15) • The Request for Proposal (RFP) for the up to 90 affordable rental units on the property was approved at a joint meeting of the Housing Trust and Select Board. Laura Shufelt of Mass Housing Partnership (MHP) continues assisting with the RFP process. Helped prepare documents for issuing of RFP. 3. Redevelop Existing Properties for Affordable Housing (HPP Strategy #6) • Serenity Brewster (55+ rental housing, 27 affordable units): Phase 1, 41 studios, completely leased. Phase 2, 91units, expected to open in 2022. Continued work on draft Local Action Unit (LAU) application. • Latham Centers (Educational, 8 rental apartments): Planning Board approved Modification of Site Plan Review with conditions. 4. Comprehensive Permit Projects (HPP Strategy #14) • Brewster Woods (30 affordable rental units): Construction continues, expected to open in 2022. • Habitat, Red Top Road (2 affordable homes, ownership): Brewster received a Technical Assistance grant from MHP for the Comprehensive Permit process. The permit hearing was continued to October. 5. Preservation of Housing and Related Support of Brewster Residents • Brewster Rental Assistance Program (B-RAP) managed by Housing Assistance Corporation (HAC). Quarterly update: 11 Brewster households received assistance of $60,997, mainly from available state and federal funds. • Brewster COVID-19 Relief Fund: Provided staff support for housing requests. • Community Development Block Grant (CDBG) housing rehabilitation and childcare grant applications available to Brewster residents. Bailey Boyd Associates submitting application for FY21 CDBG funding. 6. Subsidized Housing Inventory (SHI) (HPP Strategy #10) • Submitted documentation and received approval from DHCD to extend 3 units that had expired on the SHI. • Follow-up on uninhabited SHI homes: Resale process progressing for 11 Sean Circle- Received property appraisal, communicated with Department of Housing & Community Development (DHCD) and Housing Assistance Corporation (HAC), and went on site visit with Building Commissioner and property representative. Also, sent letter to representative of uninhabited Belmont Park Rd property about tax status. • Provided support for SHI home concerns and prepared annual letter for mailing to all SHI homeowners. 7. Housing Production Plan (HPP): $25,000 CPA grant request to update HPP will be voted at Town Meeting. 8. Collaboration (HPP Strategy #9) • Participated in Community Preservation Committee Housing Focus Group and Lower Cape Peer Group. Provided information about Brewster Housing Program to folks from several local towns. • Cape Cod Sea Camps: Prepared housing data and information for administration. The Housing Trust wrote a Letter of Support for the Sea Camps acquisition. Personnel • Worked with: Assessor, Building Dept., CPC, COA, Health Dept., Housing Partnership, Housing Trust, Planning Dept., Select Board and Town Administration. • Attended Housing Partnership, Housing Trust, Planning, Select Board, and Town meetings. • Participated in trainings on “Know Your Responsibilities”, using Census data, American Rescue Plan Act (ARPA) funding, and dealing with the public in post-covid environment, • Thanks to Ryan Bennett who completed her time as Town Planner. Her wisdom and support were helpful and appreciated as the Housing Coordinator position developed and grew over the past four years, 194 Brewster Housing Coordinator Update October 2021 Jill Scalise Ongoing Activities/ Projects 1. Community Outreach and Education (Housing Production Plan (HPP) Strategy #13) • Responded to email and phone requests for information and assistance, 55 total requests for housing information (29) or assistance (26). Office hours held on Thursdays from 10-12. • Housing Roundtable video with Donna Kalinick & Suzanne Bryan filmed and posted on website. 2. Brewster Affordable Housing Trust Fund (BAHT) (HPP Strategy #7) & Community Housing Parcel off Millstone (Select Board Strategic Plan Goal H-3, HPP Strategy #15) • Request for Proposals (RFP) issued for up to 90 affordable rental units on the housing parcel. Site visit on 11/03/21 and proposals due 12/16/21. At meeting, Trust responded to resident questions and comments. • Provided material for the Trust’s mission, goals, and priorities discussion. 3. Redevelop Existing Properties for Affordable Housing (HPP Strategy #6) • Serenity Brewster (55+ rental housing, 27 affordable units): Phase 2, 91units, expected to open in 2022. Visited Serenity. Continued compiling material and working on Local Action Unit application, including regulatory agreement review by legal counsel and Zoom meeting with Serenity developer. 4. Comprehensive Permit Projects (HPP Strategy #14) • Brewster Woods (30 affordable rental units): Under construction, expected to open in summer 2022. • Habitat, Red Top Road (2 affordable homes, ownership): Comprehensive Permit approved by the Zoning Board of Appeals. Attended hearing and provided information on Habitat’s process with the Town. 5. Preservation of Housing and Related Support of Brewster Residents • Community Development Block Grant (CDBG) housing rehabilitation and childcare grant applications available to Brewster residents. Five applications for home rehabilitation have been approved. • Assistance remains available through Brewster Rental Assistance Program (B-RAP) managed by Housing Assistance Corporation (HAC) and Brewster COVID-19 Relief Fund. • Provided support and worked with Town staff on resident situations that involved housing concerns. 6. Subsidized Housing Inventory (SHI) (HPP Strategy #10) • Continued follow-up on SHI homes including Zoom call with legal counsel. • 11 Sean Circle- Communicated with Department of Housing and Community Development (DHCD) and mortgage company. Plan in place for resale of property, next step is a home inspection. • Request for refinance of SHI home addressed. 7. Housing Production Plan (HPP) (Select Board Strategic Plan Goal H-2) • $25,000 CPA grant request to update HPP unanimously endorsed by Select Board and Finance Committee. 8. Collaboration (HPP Strategy #9) • Participated in HOME Consortium meeting and Citizens Housing and Planning Association (CHAPA) Making the Case for Housing Call. New • Request for Proposals (RFP) issued for the creation affordable rental housing on Town -Owned property off Millstone Road. Proposals due December 16, 2021. (Select Board Strategic Goal H-3) Personnel • Worked with: Assessor, Building Dept., Community Preservation Committee, Council on Aging, Finance Committee, Health Dept., Housing Partnership, Housing Trust, Planning Dept., Select Board and Town Administration and Zoning Board of Appeals (ZBA). • Attended Finance, Housing Trust, Select Board and ZBA meetings. • Participated in training on de-escalation techniques. • Many thanks to Donna Kalinick for her tireless support and guidance. 195 196 197 198 199 1 Conor Kenny From:Susan Broderick Sent:Friday, November 5, 2021 9:54 AM To:website Subject:Senior & Veteran Volunteer Tax Abatement Programs Attachments:Senior Tax Abatement Application 2022.pdf; Veteran Tax Abatement Application 2022.pdf Applications are now being accepted for both the Senior & Veteran Real Estate Tax Abatement Programs. Both programs match municipal volunteer opportunities in the Town with eligible senior citizens and/or veterans who are qualified and able to volunteer their services in exchange for a reduction in their real estate tax bills. Program participants may work in a variety of jobs for the Town. Residents may receive a $1,000 reduction in their tax bill in exchange for 70.5 hours of service or a $500 reduction in excha nge for 35.5 hours. Applications are available at the Council on Aging and Town Hall and are due December 3, 2021. For more information on the Senior Tax Abatement Program requirements or to download an application click here, or contact Regina Egan at the Council on Aging; 508-896-2737 regan@brewster-ma.gov For more information on the Veteran Tax Abatement program requirements or to download an application click here, or contact Susan Broderick; sbroderick@brewster-ma.gov 508-896-3701 x 1170 Thank you, Susan Broderick Human Resources Director Town of Brewster 508-896-3701 x 1170 Beginning July 6th, Brewster Town Offices will be open to the public Tuesday, Wednesday, and Thursday from 8:30 to 4:00pm. For the latest updates on Town services, please visit www.brewster-ma.gov 200 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Brewster Senior Volunteer Property Tax Abatement Program 1 SENIOR REAL ESTATE TAX ABATEMENT PROGRAM The Senior Real Estate Tax Abatement Program matches municipal volunteer opportunities in the Town of Brewster with eligible senior citizens who are qualified and able to volunteer their services in exchange for a reduction in their real estate tax bills. Program participants may work in a variety of jobs for the Town. Senior Real Estate Tax Abatement 2022 Program Overview (Fiscal Year 2023) Tax Credit Amount In exchange for 70.5 hours of volunteer service, the Town will abate the annual real estate property tax by $1,000.00* (*less mandatory deductions), or In exchange for 35.5 hours of volunteer service, the Town will abate the annual real estate property tax by $500.00* (*less mandatory deductions). Half of the net abatement amount will be deducted from the fall real estate tax bill and the remainder will be deducted from the spring real estate tax bill. Volunteer service hours must be completed by September 1, 2022. Program Eligibility Requirements Town of Brewster Taxpayer who is age sixty (60) or older Homeowner and occupant as of July 1st of the prior calendar year for the property that the abatement is requested (if the property is in a trust, you must have legal title, i.e., be one of the trustees). Owned and occupied real estate in Brewster for the preceding five (5) years Limit of one (1) Senior Real Estate Tax Abatement per property, if you own multiple properties only your domicile is eligible for abatement, only one (1) owner can apply for this abatement (Note; You will continue to receive other exemptions to which you are entitled) Priority will be given to those residents whose annual income is less than $55,031 if single, $62,901 if married Must be current with payment of all Town taxes. Residents may only participate in either the Senior Tax Work-off or Veterans Work-off Program, not both The abatement will be posted to the real estate tax account once the first half bill has been issued. If you sell your property prior to receiving the posted abatement, an agreement will need to be made between the buyer and seller at closing regarding the property tax abatement. 201 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Brewster Senior Volunteer Property Tax Abatement Program 2 Volunteer Assignment Criteria Applicants should have skills & qualifications that match volunteer assignment requirements The service requirement must be completed by September 1, 2022 Hours may not be saved or carried over to the next program year Mandatory Deductions for Participants Deducted from Gross Abatement Amount OBRA; 7.5% gross contribution unless exempt (this amount may be returned at the end of the program) Medicare; 1.45% gross contribution State & Federal Tax Obligations Exempt from MA taxes Included in taxpayers gross income for both Federal & FICA purposes through a W-2 form Benefits; Health/Life/Workers Comp Not eligible for any Town benefits Application Process Complete applications, including all attachments, are due to the Council on Aging no later than December 3, 2021 TOWN OF BREWSTER COUNCIL ON AGING ATTN: REGINA EGAN 1673 MAIN STREET BREWSTER, MA 02631 (508) 896-2737 FAX: (508) 896-7587 202 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Brewster Senior Volunteer Property Tax Abatement Program 3 SENIOR REAL ESTATE TAX ABATEMENT PROGRAM APPLICATION DEADLINE: December 3, 2021 Date: ________________ Name of Owner: _____________________________________ Social Security Number: _______________________________ Address of Residence: _________________________________ (Owner must occupy the above residence) Mailing Address (if different): ____________________________ Home Telephone Number: _______________________________ Cell Phone Number: ____________________________________ Email Address: ________________________________________ Emergency Contact Name & Phone Number: _________________________________________ Please check only one; I am apply for the: ______ $500.00 tax abatement (35.5 hours of volunteer service) ______ $1,000.00 tax abatement (70.5 hours of volunteer service) Eligibility Requirements YES NO Over age 60 ____ ____ (provide copy of driver’s license or birth certificate) Brewster resident _____ _____ (provide copy of current tax bill) Income eligibility _____ _____ (provide copy of 2020 form 1040, first 2 pages) (Please note that additional financial information may be required, such as bank or other asset account statements. All submitted information will be confidential.) 203 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Brewster Senior Volunteer Property Tax Abatement Program 4 Department(s) you would prefer volunteering for: _____Town Hall (specify dept) _____Fire/Rescue Department _____Police Department _____Water Department _____Stony Brook Elementary School _____Eddy Elementary School _____Recreation Department _____Council on Aging _____Captains Golf Course _____Dept. of Public Works _____Swap Shop _____ Ladies Library _____Natural Resources _____ Crosby Mansion 1. Have you ever applied or received any credits on your taxes as part of Brewster’s Senior Real Estate Tax Abatement Program or the Veteran Real Estate Tax Abatement Program? Circle: YES NO If yes, please list the departments and year(s) of voluntary service. 2. Are you currently volunteering with the Town? Circle: YES NO If yes, please list the departments. 3. Please discuss those past experiences and types of skills which might qualify you for this position. Please list three skills. 4. Computer skills: Please circle the word that best describes your comfort level performing data entry task: No Computer Use Fair Good Excellent Circle the software programs you are familiar with: MS Excel MS Word MS PowerPoint Other 204 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Brewster Senior Volunteer Property Tax Abatement Program 5 5. Hours Available: Mornings: _____________ Afternoons:______________ Days of the week that you are available: _______________________________________ 6. Are there any restrictions that may keep you from volunteering for a particular kind of work or that may require specific work accommodations? Please explain. 205 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Brewster Senior Volunteer Property Tax Abatement Program 6 If I qualify for the Senior Property Tax Abatement Program, I understand that I may earn a maximum of $1,000.00* credit (*less mandatory deductions) which can only be applied as an abatement to my Town of Brewster Property Tax. Half of the net abatement amount will be deducted from the fall real estate tax bill and the remainder will be deducted from the spring real estate tax bill. No money will be exchanged. It is my responsibility to report this earning to the IRS during the tax year it is received. This is not considered income for the purposes of Mass. State income Tax Returns. I also understand that no partial credit will be issued and that credit shall not be carried over to the following year. The below signature indicates that this application has been prepared or examined by the person signing below. Under pains and penalties of perjury, I declare that to the best of my knowledge and belief, it and all accompanying documents and statements are true, correct and complete. Signature________________________________ Date __________________ APPLICANT CHECKLIST Participant Application (completed in full, signed and dated) ___________ Copy of most recent property tax bill ___________ Copy of driver’s license or birth certificate ___________ Copy of first 2 pages of 2020 Form 1040 ___________ CORI Form ___________ 206 207 208 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Brewster Veteran Volunteer Property Tax Abatement Program 1 VETERANS REAL ESTATE TAX ABATEMENT PROGRAM The Veteran Real Estate Tax Abatement Program matches municipal volunteer opportunities in the Town of Brewster with eligible veterans who are qualified and able to volunteer their services in exchange for a reduction in their real estate tax bills. Program participants may work in a variety of jobs for the Town. While this program is similar to the Senior Tax work-off program, it is separate and distinct. Veteran Real Estate Tax Abatement Program 2022 Overview (Fiscal Year 2023) Tax Credit Amount In exchange for 70.5 hours of volunteer service, the Town will abate the annual real estate property tax by $1,000.00* (*less mandatory deductions), or In exchange for 35.5 hours of volunteer service, the Town will abate the annual real estate property tax by $500.00* (*less mandatory deductions). Half of the net abatement amount will be deducted from the fall real estate tax bill and the remainder will be deducted from the spring real estate tax bill. Volunteer service hours must be completed by September 1, 2022. Program Eligibility Requirements Town of Brewster veteran, as defined by MGL Ch. 4 § 7 clause 43, or spouse of a veteran in the case where the veteran is deceased or has a service-connected disability. Homeowner and occupant as of July 1st of the prior calendar year for the property that the abatement is requested (if the property is in a trust, you must have legal title, i.e., be one of the trustees). Owned and occupied real estate in Brewster for the preceding one (1) year. Limit of one (1) Veteran Real Estate Tax Abatement per property, if you own multiple properties only your domicile is eligible for abatement, only one (1) owner can apply for this abatement (Note; You will continue to receive other exemptions to which you are entitled Must be current with payment of all Town taxes. Residents can only participant in either the Veteran or Senior Tax Work-off Program, not both. The abatement will be posted to the real estate tax account once the first half bill has been issued. If you sell your property prior to receiving the posted abatement, an agreement will need to be made between the buyer and seller at closing regarding the property tax abatement. 209 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Brewster Veteran Volunteer Property Tax Abatement Program 2 Volunteer Assignment Criteria Applicants should have skills & qualifications that match volunteer assignment requirements The service hours requirement must be completed by September 1, 2022 Hours may not be saved or carried over to the next program year Mandatory Deductions for Participants Deducted from Gross Abatement Amount OBRA; 7.5% gross contribution unless exempt (this amount may be returned at the end of the program) Medicare; 1.45% gross contribution State & Federal Tax Obligations Exempt from MA taxes Included in taxpayers gross income for both Federal & FICA purposes through a W-2 form Benefits; Health/Life/Workers Comp Not eligible for any Town benefits Application Process Complete applications, including all attachments, are due to the Town Hall no later than December 3, 2021 TOWN OF BREWSTER ATTN: SUSAN BRODERICK 2198 MAIN STREET BREWSTER, MA 02631 (508) 896-3701 x 1170 FAX: (508) 896-8089 210 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Brewster Veteran Volunteer Property Tax Abatement Program 3 VETERAN REAL ESTATE TAX ABATEMENT PROGRAM APPLICATION DEADLINE: December 3, 2021 Date: ________________ Name of Owner: _____________________________________ Social Security Number: _______________________________ Address of Residence: _________________________________ (Owner must occupy the above residence) Mailing Address (if different): ____________________________ Home Telephone Number: _______________________________ Cell Phone Number: ____________________________________ Email Address: ________________________________________ Emergency Contact Name & Phone Number: _________________________________________ Please check only one; I am apply for the: ______ $500.00 tax abatement (35.5 hours of volunteer service) ______ $1,000.00 tax abatement (70.5 hours of volunteer service) Eligibility Requirements YES NO Veteran ____ ____ (provide copy of DD214 form) Brewster resident _____ _____ (provide copy of current tax bill) 211 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Brewster Veteran Volunteer Property Tax Abatement Program 4 Departments you would prefer volunteering for: _____Town Hall (specify dept) _____Fire/Rescue Department _____Police Department _____Water Department _____Stony Brook Elementary School _____Eddy Elementary School _____Recreation Department _____Council on Aging _____Captains Golf Course _____Dept. of Public Works _____Swap Shop _____ Ladies Library _____Natural Resources _____ Crosby Mansion 1. Have you ever applied or received any credits on your taxes as part of Brewster’s Senior Real Estate Tax Abatement Program or the Veteran Real Estate Tax Abatement Program? Circle: YES NO If yes, please list the departments and year(s) of voluntary service. 2. Are you currently volunteering with the Town? Circle: YES NO If yes, please list the departments. 3. Please discuss those past experiences and types of skills which might qualify you for this position. Please list three skills. 4. Computer skills: Please circle the word that best describes your comfort level performing data entry task: No Computer Use Fair Good Excellent Circle the software programs you are familiar with: MS Excel MS Word MS PowerPoint Other 212 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Brewster Veteran Volunteer Property Tax Abatement Program 5 5. Hours Available: Mornings: _____________ Afternoons:______________ Days of the week that you are available: _______________________________________ 5. Are there any restrictions that may keep you from volunteering for a particular kind of work or that may require specific work accommodations? Please explain. 213 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Brewster Veteran Volunteer Property Tax Abatement Program 6 If I qualify for the Veteran Property Tax Abatement Program, I understand that I may earn a maximum of $1,000.00* credit (*less mandatory deductions) which can only be applied as an abatement to my Town of Brewster Property Tax. Half of the net abatement amount will be deducted from the fall real estate tax bill and the remainder will be deducted from the spring real estate tax bill. No money will be exchanged. It is my responsibility to report this earning to the IRS during the tax year it is received. This is not considered income for the purposes of Mass. State income Tax Returns. I also understand that no partial credit will be issued and that credit shall not be carried over to the following year. The below signature indicates that this application has been prepared or examined by the person signing below. Under pains and penalties of perjury, I declare that to the best of my knowledge and belief, it and all accompanying documents and statements are true, correct and complete. Signature________________________________ Date __________________ APPLICANT CHECKLIST Participant Application (completed in full, signed and dated) ___________ Copy of most recent property tax bill ___________ Copy of DD214 Form ___________ CORI Form ___________ 214 215 216 The Commonwealth of Massachusetts —— DEPARTMENT OF PUBLIC UTILITIES This is an important notice. Please have it translated. Este é um aviso importante. Quiera mandá - lo traduzir. Este es un aviso importante. Sirvase mandarlo traducir. Avis important. Veuillez traduire immediatement. Questa è un’informazione importante, si p rega di tradurla. 此为重要通 知。请加以翻译. NOTICE OF FILING AND PUBLIC HEARING D.P.U. 21-124 November 2, 2021 Petition of Boston Gas Company d/b/a National Grid pursuant to G.L. c. 25, § 21, for approval by the Department of Public Utilities of its Three-Year Energy Efficiency Plan for 2022 through 2024. ____________________________________________________________________________ On November 1, 2021, Boston Gas Company d/b/a National Grid (“Company”) filed with the Department of Public Utilities (“Department”), a petition for approval of a three-year energy efficiency plan for calendar years 2022 through 2024 (“Three-Year Plan”). The Company filed its Three-Year Plan pursuant to An Act Relative to Green Communities, Acts of 2008, c. 169, § 11 (“Green Communities Act”). The Department docketed this matter as D.P.U. 21-124. The Green Communities Act requires the Commonwealth’s electric and gas distribution companies, and municipal aggregators with certified efficiency plans (together, “Program Administrators”) to develop, in consultation with the Energy Efficiency Advisory Council (“Council”), plans that provide for the acquisition of all available energy efficiency and demand reduction resources that are cost effective or less expensive than supply. G.L. c. 25, § 21. The Company’s proposed Three-Year Plan includes energy efficiency programs for residential, low-income, and commercial and industrial (“C&I”) customers. The proposed Three-Year Plan also incorporates the Company’s Residential Conservation Service filing pursuant to G.L. c. 164, App. § 2-7(h). The Company’s proposed budget for its Three-Year Plan is $690,613,880 (i.e., $206,140,245 in 2022, $229,541,225 in 2023, and $254,932,410 in 2024) and includes a performance incentive. If the Company’s Three-Year Plan is approved as proposed, the Company states that customers could experience the following bill impacts: • A residential heating customer (R-3) using 121 therms per month could experience a monthly peak bill increase of $7.24 or 3.3 percent in 2022; a monthly peak bill 217 D.P.U. 21-124 Page 2 decrease of $3.25 or 1.4 percent in 2023; and a monthly peak bill increase of $1.76 or 0.8 percent in 2024; • A low-income residential heating customer (R-4) using 100 therms per month could experience a monthly peak bill increase of $4.51 or 3.2 percent in 2022; a monthly peak bill decrease of $2.03 or 1.4 percent in 2023; and a monthly peak bill increase of $1.10 or 0.8 percent in 2024; • Actual bill impacts may be lower for customers who participate in energy efficiency programs that lower their gas usage; • Bill impacts for C&I customers will vary. These customers should contact the Company for specific bill impact information. Due to certain ongoing safety measures and precautions relating to in-person events as a result of the COVID-19 pandemic, the Department will conduct two virtual public hearings to receive comments on the Company’s filing. The Department will conduct two public hearings using Zoom videoconferencing: • Wednesday, December 1, 2021, beginning at 7:00 p.m. • Thursday, December 2, 2021, beginning at 2:00 p.m. Attendees can join the December 1, 2021 hearing at 7:00 p.m. by entering the link, https://us06web.zoom.us/j/85706654588, and the December 2, 2021 hearing at 2:00 p.m. by entering the link, https://us06web.zoom.us/j/84475716947, from a computer, smartphone, or tablet. No prior software download is required. For audio only access to the hearings, attendees can dial in to either hearing at (646) 558-8656 or (301) 715-8592 (not toll free) and then enter the Meeting ID# 857 0665 4588 for the December 1, 2021 hearing and Meeting ID# 844 7571 6947 for the December 2, 2021 hearing. If you anticipate providing comments via Zoom during either public hearing, please send an email by Monday, November 29, 2021, to jeffrey.leupold@mass.gov with your name, email address, mailing address, and hearing date. If you anticipate commenting by telephone, please leave a voicemail message by Monday, November 29, 2021, at (617) 305-3684 with your name, telephone number, mailing address, and hearing date. When using the Zoom platform, you will be able to listen to the hearing and provide comments in English or Spanish. To access interpretation services through Zoom during the hearing, click on the “Interpretation” button on the menu at the bottom of the Zoom application screen and select your language (i.e., English or Spanish). Alternately, any person interested in commenting on the Company’s filing may submit written comments to the Department no later than the close of business (5:00 p.m.) on Friday, December 3, 2021. To the extent a person or entity wishes to submit comments in accordance with this Notice, electronic submission, as detailed below, is sufficient. 218 D.P.U. 21-124 Page 3 Any person who desires to participate in the evidentiary phase of this proceeding must file a written petition for leave to intervene with the Department. A petition for leave to intervene must satisfy the timing and substantive requirements of 220 CMR 1.03. The following persons/entities who desire to participate in the evidentiary phase of this proceeding must file a written petition for leave to intervene with the Department not later than the close of business on Tuesday, November 2, 2021: (1) voting and non-voting members of the Council; (2) any entity whose interests are represented on the Council; (3) any person/entity that has participated in the Council process; and (4) any person/entity that was previously granted intervention as a full party or limited participant in a three-year energy efficiency plan proceeding. All other persons/entities who desire to participate in the evidentiary phase of this proceeding must file a written petition for leave to intervene with the Department not later than the close of business on Monday, November 15, 2021. Receipt by the Department, not mailing, constitutes filing and determines whether a petition has been timely filed. A petition filed late may be disallowed as untimely, unless good cause is shown for waiver under 220 CMR 1.01(4). To be allowed, a petition under 220 CMR 1.03(1) must satisfy the standing requirements of G.L. c. 30A, § 10. All responses to petitions to intervene must be filed by the close of business on the second business day after the petition to intervene was filed. Ordinarily, all parties would follow Sections B.1 and B.4 of the Department’s Standard Ground Rules (D.P.U. 15-184-A, App. 1 (March 4, 2020)) regarding the filing of documents. However, at this time, all filings will be submitted to the Department only in electronic format, consistent with the Department’s June 15, 2021 Memorandum addressing continued modified filing requirements. Until further notice, parties must retain the original paper version of the filing and the Department will later determine when the paper version must be filed with the Department Secretary. All comments or petitions to intervene must be submitted to the Department in .pdf format by e-mail attachment to dpu.efiling@mass.gov and jeffrey.leupold@mass.gov. In addition, all comments or petitions to intervene should be submitted to the Company’s attorney, Stacey M. Donnelly, Esq., by email attachment to stacey.donnelly@nationalgrid.com. The text of the e-mail must specify: (1) the docket number of the proceeding (D.P.U. 21-124); (2) the name of the person or company submitting the filing; and (3) a brief descriptive title of the document. The electronic file name should identify the document but should not exceed 50 characters in length. Importantly, all large files submitted must be broken down into electronic files that do not exceed 20 MB. At this time, a paper copy of the filing will not be available for public viewing at the Company’s offices or the Department. The filing and other documents submitted in electronic format will be posted as soon as practicable at on the Department’s website through our online File Room at: https://eeaonline.eea.state.ma.us/DPU/Fileroom/dockets/bynumber (enter “21-124”). 219 D.P.U. 21-124 Page 4 Reasonable accommodations at public hearings for people with disabilities are available upon request. Contact the Department’s ADA Coordinator at DPUADACoordinator@mass.gov. Include a description of the accommodation you will need, including as much detail as you can. Also include a way the Department can contact you if we need more information. Please provide as much advance notice as possible. Last minute requests will be accepted, but may not be able to be accommodated. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), contact the Department’s ADA Coordinator at DPUADACoordinator@mass.gov. Any person desiring further information regarding the Three-Year Plan should contact counsel for the Company, Stacey M. Donnelly, Esq., at (781) 907-1833. Any person desiring further information regarding this notice should contact Jeffrey Leupold, Hearing Officer, Department of Public Utilities, at jeffrey.leupold@mass.gov. 220 MEMBER MUNICIPALITY ENROLLMENT AS OF 10/1/21:Est. Debt Service ProrationTown of Barnstable 186 28.48 %Town of Brewster 59 9.04 Total Project Costs:BarnstableTown of Chatham 12 1.84 Maximum MSBA Reimbursement: BrewsterTown of Dennis 72 11.03 District's Local Share of Project Costs:ChathamTown of Eastham 18 2.76 DennisTown of Harwich 71 10.87 Projected Bonds dated: 11/15/18 EasthamTown of Mashpee 48 7.35 Actual Interest Rate on $7M BAN dated Feb. 2 2.25% Harwich(FY20)Town of Orleans 11 1.68 Actual TIC on $75M Bonds dated Nov. 2018: 3.32% MashpeeTown of Provincetown 7 1.07 Bonds payable November 15thOrleansTown of Truro 9 1.38 Provincetown(RTE tax rate)0.839887652Town of Wellfleet 12 1.84 Truro(RTE tax rate)0.942652251Town of Yarmouth 148 22.66Wellfleet(RTE tax rate)TOTAL ENROLLMENT: 653 100.00 %YarmouthFiscal YearEquals Net Total Debt Service Barnstable Debt Service Proration Barnstable Est. Tax Rate Impact per $1,000 Brewster Debt Service Proration Brewster Est. Tax Rate Impact per $1,000 Chatham Debt Service Proration Chatham Est. Tax Rate Impact per $1,000 Dennis Debt Service Proration Dennis Est. Tax Rate Impact per $1,000 Eastham Debt Service Proration Eastham Est. Tax Rate Impact per $1,000 Harwich Debt Service Proration Harwich Est. Tax Rate Impact per $1,000 Mashpee Debt Service Proration Mashpee Est. Tax Rate Impact per $1,000 Orleans Debt Service Proration Orleans Est. Tax Rate Impact per $1,000 Provincetown Debt Service Proration Provincetown Est. Tax Rate Impact per $1,000 Truro Debt Service Proration Truro Est. Tax Rate Impact per $1,000 Wellfleet Debt Service Proration Wellfleet Est. Tax Rate Impact per $1,000 Yarmouth Debt Service Proration Yarmouth Est. Tax Rate Impact per $1,000 2019 115,063 35,028 0.00 8,023 0.00 1,370 0.00 11,937 0.00 4,305 0.00 15,068 0.00 9,784 0.00 2,153 0.00 1,370 0.000 1,174 0.001 2,544 0.00 22,308 0.00 2020 7,617,300 2,352,008 0.18 481,093 0.12 106,909 0.01 908,731 0.13 294,001 0.10 895,367 0.16 601,366 0.11 120,273 0.03 147,001 0.045 80,182 0.036 160,364 0.07 1,470,005 0.23 2021 6,260,700 1,971,714 0.15 294,741 0.07 101,635 0.01 741,934 0.10 223,596 0.07 589,481 0.10 487,847 0.09 121,962 0.03 142,289 0.043 60,981 0.027 132,125 0.06 1,392,396 0.22 2022 6,255,575 1,688,805 0.12 409,710 0.10 149,894 0.02 729,484 0.09 229,837 0.07 509,639 0.09 439,689 0.08 129,908 0.03 109,922 0.032 109,922 0.048 159,887 0.07 1,588,876 0.23 2023 6,081,325 1,732,200 0.13 549,461 0.13 111,755 0.01 670,529 0.09 167,632 0.05 661,216 0.11 447,019 0.08 102,442 0.02 65,190 0.019 83,816 0.037 111,755 0.05 1,378,309 0.20 20245,907,075 1,682,567 0.12 533,717 0.13 108,553 0.01 651,316 0.08 162,829 0.05 642,270 0.11 434,211 0.07 99,507 0.02 63,322 0.019 81,415 0.036 108,553 0.05 1,338,816 0.19 20255,732,825 1,632,933 0.12 517,973 0.12 105,351 0.01 632,103 0.08 158,026 0.05 623,324 0.10 421,402 0.07 96,571 0.02 61,454 0.018 79,013 0.034 105,351 0.05 1,299,323 0.19 20265,558,575 1,583,300 0.11 502,230 0.12 102,148 0.01 612,890 0.08 153,223 0.05 604,378 0.10 408,594 0.07 93,636 0.02 59,587 0.018 76,611 0.033 102,148 0.04 1,259,830 0.18 20275,384,325 1,533,667 0.11 486,486 0.11 98,946 0.01 593,677 0.08 148,419 0.05 585,432 0.10 395,785 0.07 90,701 0.02 57,719 0.017 74,210 0.032 98,946 0.04 1,220,337 0.18 20285,210,075 1,484,034 0.11 470,742 0.11 95,744 0.01 574,465 0.07 143,616 0.05 566,486 0.09 382,976 0.07 87,765 0.02 55,851 0.016 71,808 0.031 95,744 0.04 1,180,844 0.17 20295,035,825 1,434,400 0.10 454,998 0.11 92,542 0.01 555,252 0.07 138,813 0.04 547,540 0.09 370,168 0.06 84,830 0.02 53,983 0.016 69,406 0.030 92,542 0.04 1,141,351 0.17 20304,861,575 1,384,767 0.10 439,254 0.10 89,340 0.01 536,039 0.07 134,010 0.04 528,594 0.09 357,359 0.06 81,895 0.02 52,115 0.015 67,005 0.029 89,340 0.04 1,101,858 0.16 20314,687,325 1,335,134 0.10 423,510 0.10 86,138 0.01 516,826 0.07 129,207 0.04 509,648 0.09 344,551 0.06 78,960 0.02 50,247 0.015 64,603 0.028 86,138 0.04 1,062,365 0.15 20324,530,500 1,290,464 0.09 409,341 0.10 83,256 0.01 499,534 0.06 124,884 0.04 492,596 0.08 333,023 0.06 76,318 0.02 48,566 0.014 62,442 0.027 83,256 0.04 1,026,821 0.15 20334,391,100 1,250,757 0.09 396,746 0.09 80,694 0.01 484,164 0.06 121,041 0.04 477,440 0.08 322,776 0.06 73,970 0.02 47,072 0.014 60,521 0.026 80,694 0.04 995,226 0.14 20344,251,700 1,211,051 0.09 384,151 0.09 78,132 0.01 468,794 0.06 117,198 0.04 462,283 0.08 312,529 0.05 71,621 0.02 45,577 0.013 58,599 0.026 78,132 0.03 963,632 0.14 20354,112,300 1,171,344 0.08 371,555 0.09 75,571 0.01 453,424 0.06 113,356 0.04 447,126 0.07 302,282 0.05 69,273 0.02 44,083 0.013 56,678 0.025 75,571 0.03 932,037 0.13 20363,972,900 1,131,638 0.08 358,960 0.08 73,009 0.01 438,053 0.06 109,513 0.04 431,969 0.07 292,036 0.05 66,925 0.02 42,589 0.013 54,757 0.024 73,009 0.03 900,443 0.13 20373,833,500 1,091,931 0.08 346,365 0.08 70,447 0.01 422,683 0.05 105,671 0.03 416,812 0.07 281,789 0.05 64,577 0.02 41,094 0.012 52,835 0.023 70,447 0.03 868,848 0.13 20383,694,100 1,052,225 0.08 333,770 0.08 67,885 0.01 407,313 0.05 101,828 0.03 401,656 0.07 271,542 0.05 62,228 0.01 39,600 0.012 50,914 0.022 67,885 0.03 837,254 0.12 20393,554,700 1,012,518 0.07 321,175 0.08 65,324 0.01 391,942 0.05 97,986 0.03 386,499 0.06 261,295 0.04 59,880 0.01 38,106 0.011 48,993 0.021 65,324 0.03 805,659 0.12 Total101,048,363 29,062,485 8,494,002 1,844,642 11,301,090 2,978,991 10,794,825 7,478,022 1,735,394 1,266,735 1,365,885 1,939,754 22,786,540 Assumptions: FY19 estimated share of costs based on 10/1/17 enrollment figures FY20 estimated share of costs based on 10/1/18 enrollment figures FY21 estimated share of costs based on 10/1/19 enrollment figures FY22 estimated share of costs based on 10/1/20 enrollment figures FY23 estimated share of costs based on 10/1/21 enrollment figures Barnstable, Provincetown, Truro and Wellfleet have residential exemption tax rates; Assessed valuation shown reflects residential valuation net of exempt debt. Bonds structured on an equal/declining debt service basis for a maximum term of 20 years. Bonds reflect only estimated local share of project costs. =$300 * 0.13 = $ 39.00 12,142,163,780 2,851,362,621 5,973,169,000 5,818,755,370 4,271,316,040 Mashpee 127,062,881$ 46,292,274$ $300,000 / $1,000 Est. Home Value ImpactEastham 2,160,921,930 Yarmouth Wellfleet Truro Provincetown 6,913,042,475 2,293,784,642 (RTE tax rate) - FY20 AVFiscal 2021 ValuationsOrleans Cape Cod Regional Technical High School4,254,853,730 7,479,607,480 7,769,863,870 3,090,059,650 Dennis Member Municipality Proration of Debt Service and Est. Residential Tax Rate Impact per $1,000 of Assessed ValueChatham Brewster Barnstable 80,770,607$ Harwich 1 of 14221 Year Principal Coupon Interest Total P+I 6/30/2019 7,000,000 2.25% 115,063 115,063 **BAN Interest Only 6/30/2020 2,935,000 5.00% 4,682,300 7,617,300 6/30/2021 3,320,000 5.00% 2,940,700 6,260,700 6/30/2022 3,485,000 5.00% 2,770,575 6,255,575 6/30/2023 3,485,000 5.00% 2,596,325 6,081,325 6/30/2024 3,485,000 5.00% 2,422,075 5,907,075 6/30/2025 3,485,000 5.00% 2,247,825 5,732,825 6/30/2026 3,485,000 5.00% 2,073,575 5,558,575 6/30/2027 3,485,000 5.00% 1,899,325 5,384,325 6/30/2028 3,485,000 5.00% 1,725,075 5,210,075 6/30/2029 3,485,000 5.00% 1,550,825 5,035,825 6/30/2030 3,485,000 5.00% 1,376,575 4,861,575 6/30/2031 3,485,000 5.00% 1,202,325 4,687,325 6/30/2032 3,485,000 4.00% 1,045,500 4,530,500 6/30/2033 3,485,000 4.00% 906,100 4,391,100 6/30/2034 3,485,000 4.00% 766,700 4,251,700 6/30/2035 3,485,000 4.00% 627,300 4,112,300 6/30/2036 3,485,000 4.00% 487,900 3,972,900 6/30/2037 3,485,000 4.00% 348,500 3,833,500 6/30/2038 3,485,000 4.00% 209,100 3,694,100 6/30/2039 3,485,000 4.00% 69,700 3,554,700 Total 68,985,000 32,063,363 101,048,363 **Only BAN interest reflected in total debt service; BANs dated 2/18 due 11/18. Est. MSBA Reimbursement EST. LEVEL DEBT SERVICE SCHEDULE Estimated Total Project Cost $127,062,881 2 of 14 222 MEMBER MUNICIPALITY ENROLLMENT AS OF 10/1/21: Town of Barnstable 186 Town of Brewster 59 Barnstable Town of Chatham 12 Brewster Town of Dennis 72 Chatham Town of Eastham 18 Dennis Town of Harwich 71 Eastham Town of Mashpee 48 Harwich (FY20) Town of Orleans 11 Mashpee Town of Provincetown 7 Orleans Town of Truro 9 Provincetown (RTE tax rate)0.839888 Town of Wellfleet 12 Truro (RTE tax rate)0.942652 Town of Yarmouth 148 Wellfleet (RTE tax rate) TOTAL ENROLLMENT: 653 Yarmouth Fiscal Year Equals Net Total Debt Service Barnstable Debt Service Proration Barnstable Est. Tax Rate Impact per $1,000 2019 115,063 35,028 0.00 2020 7,617,300 2,352,008 0.18 2021 6,260,700 1,971,714 0.15 2022 6,255,575 1,688,805 0.12 2023 6,081,325 1,732,200 0.13 2024 5,907,075 1,682,567 0.12 2025 5,732,825 1,632,933 0.12 2026 5,558,575 1,583,300 0.11 2027 5,384,325 1,533,667 0.11 2028 5,210,075 1,484,034 0.11 2029 5,035,825 1,434,400 0.10 2030 4,861,575 1,384,767 0.10 2031 4,687,325 1,335,134 0.10 2032 4,530,500 1,290,464 0.09 2033 4,391,100 1,250,757 0.09 2034 4,251,700 1,211,051 0.09 2035 4,112,300 1,171,344 0.08 2036 3,972,900 1,131,638 0.08 2037 3,833,500 1,091,931 0.08 2038 3,694,100 1,052,225 0.08 2039 3,554,700 1,012,518 0.07 Total 101,048,363 29,062,485 Assumptions: FY19 estimated share of costs based on 10/1/17 enrollment figures FY20 estimated share of costs based on 10/1/18 enrollment figures FY21 estimated share of costs based on 10/1/19 enrollment figures FY22 estimated share of costs based on 10/1/20 enrollment figures FY23 estimated share of costs based on 10/1/21 enrollment figures Barnstable, Provincetown, Truro and Wellfleet have residential exemption tax rates; Assessed valuation shown reflects residential valuation net of exem Bonds structured on an equal/declining debt service basis for a maximum term of 20 years. Bonds reflect only estimated local share of project costs. Barnstable 12,142,163,780 4,254,853,730 7,479,607,480 7,769,863,870 3,090,059,650 5,973,169,000 5,818,755,370 4,271,316,040 2,851,362,621 2,160,921,930 2,293,784,642 6,913,042,475 (RTE tax rate) - FY20 AV Cape Cod Regional Technical High School Fiscal 2021 Valuations 3 of 14 223 MEMBER MUNICIPALITY ENROLLMENT AS OF 10/1/21: Town of Barnstable 186 Town of Brewster 59 Barnstable Town of Chatham 12 Brewster Town of Dennis 72 Chatham Town of Eastham 18 Dennis Town of Harwich 71 Eastham Town of Mashpee 48 Harwich (FY20) Town of Orleans 11 Mashpee Town of Provincetown 7 Orleans Town of Truro 9 Provincetown (split tax rate)0.839888 Town of Wellfleet 12 Truro (split tax rate)0.942652 Town of Yarmouth 148 Wellfleet (split tax rate) TOTAL ENROLLMENT: 653 Yarmouth Fiscal Year Equals Net Total Debt Service Brewster Debt Service Proration Brewster Est. Tax Rate Impact per $1,000 2019 115,063 8,023 0.00 2020 7,617,300 481,093 0.12 2021 6,260,700 294,741 0.07 2022 6,255,575 409,710 0.10 2023 6,081,325 549,461 0.13 2024 5,907,075 533,717 0.13 2025 5,732,825 517,973 0.12 2026 5,558,575 502,230 0.12 2027 5,384,325 486,486 0.11 2028 5,210,075 470,742 0.11 2029 5,035,825 454,998 0.11 2030 4,861,575 439,254 0.10 2031 4,687,325 423,510 0.10 2032 4,530,500 409,341 0.10 2033 4,391,100 396,746 0.09 2034 4,251,700 384,151 0.09 2035 4,112,300 371,555 0.09 2036 3,972,900 358,960 0.08 2037 3,833,500 346,365 0.08 2038 3,694,100 333,770 0.08 2039 3,554,700 321,175 0.08 Total 101,048,363 8,494,002 Assumptions: FY19 estimated share of costs based on 10/1/17 enrollment figures FY20 estimated share of costs based on 10/1/18 enrollment figures FY21 estimated share of costs based on 10/1/19 enrollment figures FY22 estimated share of costs based on 10/1/20 enrollment figures FY23 estimated share of costs based on 10/1/21 enrollment figures Barnstable, Provincetown, Truro and Wellfleet have residential exemption tax rates; Assessed valuation shown reflects residential valuation net of exemp Bonds structured on an equal/declining debt service basis for a maximum term of 20 years. Bonds reflect only estimated local share of project costs. Brewster 12,142,163,780 4,254,853,730 7,479,607,480 7,769,863,870 3,090,059,650 5,973,169,000 5,818,755,370 4,271,316,040 2,851,362,621 2,160,921,930 2,293,784,642 6,913,042,475 (split tax rate) - FY20 AV Cape Cod Regional Technical High School Fiscal 2021 Valuations 4 of 14 224 MEMBER MUNICIPALITY ENROLLMENT AS OF 10/1/21: Town of Barnstable 186 Town of Brewster 59 Barnstable Town of Chatham 12 Brewster Town of Dennis 72 Chatham Town of Eastham 18 Dennis Town of Harwich 71 Eastham Town of Mashpee 48 Harwich (FY20) Town of Orleans 11 Mashpee Town of Provincetown 7 Orleans Town of Truro 9 Provincetown (split tax rate)0.839888 Town of Wellfleet 12 Truro (split tax rate)0.942652 Town of Yarmouth 148 Wellfleet (split tax rate) TOTAL ENROLLMENT: 653 Yarmouth Fiscal Year Equals Net Total Debt Service Chatham Debt Service Proration Chatham Est. Tax Rate Impact per $1,000 2019 115,063 1,370 0.00 2020 7,617,300 106,909 0.01 2021 6,260,700 101,635 0.01 2022 6,255,575 149,894 0.02 2023 6,081,325 111,755 0.01 2024 5,907,075 108,553 0.01 2025 5,732,825 105,351 0.01 2026 5,558,575 102,148 0.01 2027 5,384,325 98,946 0.01 2028 5,210,075 95,744 0.01 2029 5,035,825 92,542 0.01 2030 4,861,575 89,340 0.01 2031 4,687,325 86,138 0.01 2032 4,530,500 83,256 0.01 2033 4,391,100 80,694 0.01 2034 4,251,700 78,132 0.01 2035 4,112,300 75,571 0.01 2036 3,972,900 73,009 0.01 2037 3,833,500 70,447 0.01 2038 3,694,100 67,885 0.01 2039 3,554,700 65,324 0.01 Total 101,048,363 1,844,642 Assumptions: FY19 estimated share of costs based on 10/1/17 enrollment figures FY20 estimated share of costs based on 10/1/18 enrollment figures FY21 estimated share of costs based on 10/1/19 enrollment figures FY22 estimated share of costs based on 10/1/20 enrollment figures FY23 estimated share of costs based on 10/1/21 enrollment figures Barnstable, Provincetown, Truro and Wellfleet have residential exemption tax rates; Assessed valuation shown reflects residential valuation net of exemp Bonds structured on an equal/declining debt service basis for a maximum term of 20 years. Bonds reflect only estimated local share of project costs. Chatham 12,142,163,780 4,254,853,730 7,479,607,480 7,769,863,870 3,090,059,650 5,973,169,000 5,818,755,370 4,271,316,040 2,851,362,621 2,160,921,930 2,293,784,642 6,913,042,475 (split tax rate) - FY20 AV Cape Cod Regional Technical High School Fiscal 2021 Valuations 5 of 14 225 MEMBER MUNICIPALITY ENROLLMENT AS OF 10/1/21: Town of Barnstable 186 Town of Brewster 59 Barnstable Town of Chatham 12 Brewster Town of Dennis 72 Chatham Town of Eastham 18 Dennis Town of Harwich 71 Eastham Town of Mashpee 48 Harwich (FY20) Town of Orleans 11 Mashpee Town of Provincetown 7 Orleans Town of Truro 9 Provincetown (split tax rate)0.839888 Town of Wellfleet 12 Truro (split tax rate)0.942652 Town of Yarmouth 148 Wellfleet (split tax rate) TOTAL ENROLLMENT: 653 Yarmouth Fiscal Year Equals Net Total Debt Service Dennis Debt Service Proration Dennis Est. Tax Rate Impact per $1,000 2019 115,063 11,937 0.00 2020 7,617,300 908,731 0.13 2021 6,260,700 741,934 0.10 2022 6,255,575 729,484 0.09 2023 6,081,325 670,529 0.09 2024 5,907,075 651,316 0.08 2025 5,732,825 632,103 0.08 2026 5,558,575 612,890 0.08 2027 5,384,325 593,677 0.08 2028 5,210,075 574,465 0.07 2029 5,035,825 555,252 0.07 2030 4,861,575 536,039 0.07 2031 4,687,325 516,826 0.07 2032 4,530,500 499,534 0.06 2033 4,391,100 484,164 0.06 2034 4,251,700 468,794 0.06 2035 4,112,300 453,424 0.06 2036 3,972,900 438,053 0.06 2037 3,833,500 422,683 0.05 2038 3,694,100 407,313 0.05 2039 3,554,700 391,942 0.05 Total 101,048,363 11,301,090 Assumptions: FY19 estimated share of costs based on 10/1/17 enrollment figures FY20 estimated share of costs based on 10/1/18 enrollment figures FY21 estimated share of costs based on 10/1/19 enrollment figures FY22 estimated share of costs based on 10/1/20 enrollment figures FY23 estimated share of costs based on 10/1/21 enrollment figures Barnstable, Provincetown, Truro and Wellfleet have residential exemption tax rates; Assessed valuation shown reflects residential valuation net of exemp Bonds structured on an equal/declining debt service basis for a maximum term of 20 years. Bonds reflect only estimated local share of project costs. Dennis 12,142,163,780 4,254,853,730 7,479,607,480 7,769,863,870 3,090,059,650 5,973,169,000 5,818,755,370 4,271,316,040 2,851,362,621 2,160,921,930 2,293,784,642 6,913,042,475 (split tax rate) - FY20 AV Cape Cod Regional Technical High School Fiscal 2021 Valuations 6 of 14 226 MEMBER MUNICIPALITY ENROLLMENT AS OF 10/1/21: Town of Barnstable 186 Town of Brewster 59 Barnstable Town of Chatham 12 Brewster Town of Dennis 72 Chatham Town of Eastham 18 Dennis Town of Harwich 71 Eastham Town of Mashpee 48 Harwich (FY20) Town of Orleans 11 Mashpee Town of Provincetown 7 Orleans Town of Truro 9 Provincetown (split tax rate)0.839888 Town of Wellfleet 12 Truro (split tax rate)0.942652 Town of Yarmouth 148 Wellfleet (split tax rate) TOTAL ENROLLMENT: 653 Yarmouth Fiscal Year Equals Net Total Debt Service Eastham Debt Service Proration Eastham Est. Tax Rate Impact per $1,000 2019 115,063 4,305 0.00 2020 7,617,300 294,001 0.10 2021 6,260,700 223,596 0.07 2022 6,255,575 229,837 0.07 2023 6,081,325 167,632 0.05 2024 5,907,075 162,829 0.05 2025 5,732,825 158,026 0.05 2026 5,558,575 153,223 0.05 2027 5,384,325 148,419 0.05 2028 5,210,075 143,616 0.05 2029 5,035,825 138,813 0.04 2030 4,861,575 134,010 0.04 2031 4,687,325 129,207 0.04 2032 4,530,500 124,884 0.04 2033 4,391,100 121,041 0.04 2034 4,251,700 117,198 0.04 2035 4,112,300 113,356 0.04 2036 3,972,900 109,513 0.04 2037 3,833,500 105,671 0.03 2038 3,694,100 101,828 0.03 2039 3,554,700 97,986 0.03 Total 101,048,363 2,978,991 Assumptions: FY19 estimated share of costs based on 10/1/17 enrollment figures FY20 estimated share of costs based on 10/1/18 enrollment figures FY21 estimated share of costs based on 10/1/19 enrollment figures FY22 estimated share of costs based on 10/1/20 enrollment figures FY23 estimated share of costs based on 10/1/21 enrollment figures Barnstable, Provincetown, Truro and Wellfleet have residential exemption tax rates; Assessed valuation shown reflects residential valuation net of exemp Bonds structured on an equal/declining debt service basis for a maximum term of 20 years. Bonds reflect only estimated local share of project costs. Eastham 12,142,163,780 4,254,853,730 7,479,607,480 7,769,863,870 3,090,059,650 5,973,169,000 5,818,755,370 4,271,316,040 2,851,362,621 2,160,921,930 2,293,784,642 6,913,042,475 (split tax rate) - FY20 AV Cape Cod Regional Technical High School Fiscal 2021 Valuations 7 of 14 227 MEMBER MUNICIPALITY ENROLLMENT AS OF 10/1/21: Town of Barnstable 186 Town of Brewster 59 Barnstable Town of Chatham 12 Brewster Town of Dennis 72 Chatham Town of Eastham 18 Dennis Town of Harwich 71 Eastham Town of Mashpee 48 Harwich (FY20) Town of Orleans 11 Mashpee Town of Provincetown 7 Orleans Town of Truro 9 Provincetown (split tax rate)0.839888 Town of Wellfleet 12 Truro (split tax rate)0.942652 Town of Yarmouth 148 Wellfleet (split tax rate) TOTAL ENROLLMENT: 653 Yarmouth Fiscal Year Equals Net Total Debt Service Harwich Debt Service Proration Harwich Est. Tax Rate Impact per $1,000 2019 115,063 15,068 0.00 2020 7,617,300 895,367 0.16 2021 6,260,700 589,481 0.10 2022 6,255,575 509,639 0.09 2023 6,081,325 661,216 0.11 2024 5,907,075 642,270 0.11 2025 5,732,825 623,324 0.10 2026 5,558,575 604,378 0.10 2027 5,384,325 585,432 0.10 2028 5,210,075 566,486 0.09 2029 5,035,825 547,540 0.09 2030 4,861,575 528,594 0.09 2031 4,687,325 509,648 0.09 2032 4,530,500 492,596 0.08 2033 4,391,100 477,440 0.08 2034 4,251,700 462,283 0.08 2035 4,112,300 447,126 0.07 2036 3,972,900 431,969 0.07 2037 3,833,500 416,812 0.07 2038 3,694,100 401,656 0.07 2039 3,554,700 386,499 0.06 Total 101,048,363 10,794,825 Assumptions: FY19 estimated share of costs based on 10/1/17 enrollment figures FY20 estimated share of costs based on 10/1/18 enrollment figures FY21 estimated share of costs based on 10/1/19 enrollment figures FY22 estimated share of costs based on 10/1/20 enrollment figures FY23 estimated share of costs based on 10/1/21 enrollment figures Barnstable, Provincetown, Truro and Wellfleet have residential exemption tax rates; Assessed valuation shown reflects residential valuation net of exempt Bonds structured on an equal/declining debt service basis for a maximum term of 20 years. Bonds reflect only estimated local share of project costs. Harwich 12,142,163,780 4,254,853,730 7,479,607,480 7,769,863,870 3,090,059,650 5,973,169,000 5,818,755,370 4,271,316,040 2,851,362,621 2,160,921,930 2,293,784,642 6,913,042,475 (split tax rate) - FY20 AV Cape Cod Regional Technical High School Fiscal 2021 Valuations 8 of 14 228 MEMBER MUNICIPALITY ENROLLMENT AS OF 10/1/21: Town of Barnstable 186 Town of Brewster 59 Barnstable Town of Chatham 12 Brewster Town of Dennis 72 Chatham Town of Eastham 18 Dennis Town of Harwich 71 Eastham Town of Mashpee 48 Harwich (FY20) Town of Orleans 11 Mashpee Town of Provincetown 7 Orleans Town of Truro 9 Provincetown (split tax rate)0.839888 Town of Wellfleet 12 Truro (split tax rate)0.942652 Town of Yarmouth 148 Wellfleet (split tax rate) TOTAL ENROLLMENT: 653 Yarmouth Fiscal Year Equals Net Total Debt Service Mashpee Debt Service Proration Mashpee Est. Tax Rate Impact per $1,000 2019 115,063 9,784 0.00 2020 7,617,300 601,366 0.11 2021 6,260,700 487,847 0.09 2022 6,255,575 439,689 0.08 2023 6,081,325 447,019 0.08 2024 5,907,075 434,211 0.07 2025 5,732,825 421,402 0.07 2026 5,558,575 408,594 0.07 2027 5,384,325 395,785 0.07 2028 5,210,075 382,976 0.07 2029 5,035,825 370,168 0.06 2030 4,861,575 357,359 0.06 2031 4,687,325 344,551 0.06 2032 4,530,500 333,023 0.06 2033 4,391,100 322,776 0.06 2034 4,251,700 312,529 0.05 2035 4,112,300 302,282 0.05 2036 3,972,900 292,036 0.05 2037 3,833,500 281,789 0.05 2038 3,694,100 271,542 0.05 2039 3,554,700 261,295 0.04 Total 101,048,363 7,478,022 Assumptions: FY19 estimated share of costs based on 10/1/17 enrollment figures FY20 estimated share of costs based on 10/1/18 enrollment figures FY21 estimated share of costs based on 10/1/19 enrollment figures FY22 estimated share of costs based on 10/1/20 enrollment figures FY23 estimated share of costs based on 10/1/21 enrollment figures Barnstable, Provincetown, Truro and Wellfleet have residential exemption tax rates; Assessed valuation shown reflects residential valuation net of exemp Bonds structured on an equal/declining debt service basis for a maximum term of 20 years. Bonds reflect only estimated local share of project costs. Mashpee 12,142,163,780 4,254,853,730 7,479,607,480 7,769,863,870 3,090,059,650 5,973,169,000 5,818,755,370 4,271,316,040 2,851,362,621 2,160,921,930 2,293,784,642 6,913,042,475 (split tax rate) - FY20 AV Cape Cod Regional Technical High School Fiscal 2021 Valuations 9 of 14 229 MEMBER MUNICIPALITY ENROLLMENT AS OF 10/1/21: Town of Barnstable 186 Town of Brewster 59 Barnstable Town of Chatham 12 Brewster Town of Dennis 72 Chatham Town of Eastham 18 Dennis Town of Harwich 71 Eastham Town of Mashpee 48 Harwich (FY20) Town of Orleans 11 Mashpee Town of Provincetown 7 Orleans Town of Truro 9 Provincetown (split tax rate)0.839888 Town of Wellfleet 12 Truro (split tax rate)0.942652 Town of Yarmouth 148 Wellfleet (split tax rate) TOTAL ENROLLMENT: 653 Yarmouth Fiscal Year Equals Net Total Debt Service Orleans Debt Service Proration Orleans Est. Tax Rate Impact per $1,000 2019 115,063 2,153 0.00 2020 7,617,300 120,273 0.03 2021 6,260,700 121,962 0.03 2022 6,255,575 129,908 0.03 2023 6,081,325 102,442 0.02 2024 5,907,075 99,507 0.02 2025 5,732,825 96,571 0.02 2026 5,558,575 93,636 0.02 2027 5,384,325 90,701 0.02 2028 5,210,075 87,765 0.02 2029 5,035,825 84,830 0.02 2030 4,861,575 81,895 0.02 2031 4,687,325 78,960 0.02 2032 4,530,500 76,318 0.02 2033 4,391,100 73,970 0.02 2034 4,251,700 71,621 0.02 2035 4,112,300 69,273 0.02 2036 3,972,900 66,925 0.02 2037 3,833,500 64,577 0.02 2038 3,694,100 62,228 0.01 2039 3,554,700 59,880 0.01 Total 101,048,363 1,735,394 Assumptions: FY19 estimated share of costs based on 10/1/17 enrollment figures FY20 estimated share of costs based on 10/1/18 enrollment figures FY21 estimated share of costs based on 10/1/19 enrollment figures FY22 estimated share of costs based on 10/1/20 enrollment figures FY23 estimated share of costs based on 10/1/21 enrollment figures Barnstable, Provincetown, Truro and Wellfleet have residential exemption tax rates; Assessed valuation shown reflects residential valuation net of exemp Bonds structured on an equal/declining debt service basis for a maximum term of 20 years. Bonds reflect only estimated local share of project costs. Orleans 12,142,163,780 4,254,853,730 7,479,607,480 7,769,863,870 3,090,059,650 5,973,169,000 5,818,755,370 4,271,316,040 2,851,362,621 2,160,921,930 2,293,784,642 6,913,042,475 (split tax rate) - FY20 AV Cape Cod Regional Technical High School Fiscal 2021 Valuations 10 of 14 230 MEMBER MUNICIPALITY ENROLLMENT AS OF 10/1/21: Town of Barnstable 186 Town of Brewster 59 Barnstable Town of Chatham 12 Brewster Town of Dennis 72 Chatham Town of Eastham 18 Dennis Town of Harwich 71 Eastham Town of Mashpee 48 Harwich (FY20) Town of Orleans 11 Mashpee Town of Provincetown 7 Orleans Town of Truro 9 Provincetown (RTE tax rate)0.839888 Town of Wellfleet 12 Truro (RTE tax rate)0.942652 Town of Yarmouth 148 Wellfleet (RTE tax rate) TOTAL ENROLLMENT: 653 Yarmouth Fiscal Year Equals Net Total Debt Service Provincetown Debt Service Proration Provincetown Est. Tax Rate Impact per $1,000 2019 115,063 1,370 0.000 2020 7,617,300 147,001 0.045 2021 6,260,700 142,289 0.043 2022 6,255,575 109,922 0.032 2023 6,081,325 65,190 0.019 2024 5,907,075 63,322 0.019 2025 5,732,825 61,454 0.018 2026 5,558,575 59,587 0.018 2027 5,384,325 57,719 0.017 2028 5,210,075 55,851 0.016 2029 5,035,825 53,983 0.016 2030 4,861,575 52,115 0.015 2031 4,687,325 50,247 0.015 2032 4,530,500 48,566 0.014 2033 4,391,100 47,072 0.014 2034 4,251,700 45,577 0.013 2035 4,112,300 44,083 0.013 2036 3,972,900 42,589 0.013 2037 3,833,500 41,094 0.012 2038 3,694,100 39,600 0.012 2039 3,554,700 38,106 0.011 Total 101,048,363 1,266,735 Assumptions: FY19 estimated share of costs based on 10/1/17 enrollment figures FY20 estimated share of costs based on 10/1/18 enrollment figures FY21 estimated share of costs based on 10/1/19 enrollment figures FY22 estimated share of costs based on 10/1/20 enrollment figures FY23 estimated share of costs based on 10/1/21 enrollment figures Barnstable, Provincetown, Truro and Wellfleet have residential exemption tax rates; Assessed valuation shown reflects residential valuation net of exempt debt. Bonds structured on an equal/declining debt service basis for a maximum term of 20 years. Bonds reflect only estimated local share of project costs. Provincetown 12,142,163,780 4,254,853,730 7,479,607,480 7,769,863,870 3,090,059,650 5,973,169,000 5,818,755,370 4,271,316,040 2,851,362,621 2,160,921,930 2,293,784,642 6,913,042,475 (RTE tax rate) - FY20 AV Cape Cod Regional Technical High School Fiscal 2021 Valuations 11 of 14 231 MEMBER MUNICIPALITY ENROLLMENT AS OF 10/1/21: Town of Barnstable 186 Town of Brewster 59 Barnstable Town of Chatham 12 Brewster Town of Dennis 72 Chatham Town of Eastham 18 Dennis Town of Harwich 71 Eastham Town of Mashpee 48 Harwich (FY20) Town of Orleans 11 Mashpee Town of Provincetown 7 Orleans Town of Truro 9 Provincetown (RTE tax rate)0.839888 Town of Wellfleet 12 Truro (RTE tax rate)0.942652 Town of Yarmouth 148 Wellfleet (RTE tax rate) TOTAL ENROLLMENT: 653 Yarmouth Fiscal Year Equals Net Total Debt Service Truro Debt Service Proration Truro Est. Tax Rate Impact per $1,000 2019 115,063 1,174 0.001 2020 7,617,300 80,182 0.036 2021 6,260,700 60,981 0.027 2022 6,255,575 109,922 0.048 2023 6,081,325 83,816 0.037 2024 5,907,075 81,415 0.036 2025 5,732,825 79,013 0.034 2026 5,558,575 76,611 0.033 2027 5,384,325 74,210 0.032 2028 5,210,075 71,808 0.031 2029 5,035,825 69,406 0.030 2030 4,861,575 67,005 0.029 2031 4,687,325 64,603 0.028 2032 4,530,500 62,442 0.027 2033 4,391,100 60,521 0.026 2034 4,251,700 58,599 0.026 2035 4,112,300 56,678 0.025 2036 3,972,900 54,757 0.024 2037 3,833,500 52,835 0.023 2038 3,694,100 50,914 0.022 2039 3,554,700 48,993 0.021 Total 101,048,363 1,365,885 Assumptions: FY19 estimated share of costs based on 10/1/17 enrollment figures FY20 estimated share of costs based on 10/1/18 enrollment figures FY21 estimated share of costs based on 10/1/19 enrollment figures FY22 estimated share of costs based on 10/1/20 enrollment figures FY23 estimated share of costs based on 10/1/21 enrollment figures Barnstable, Provincetown, Truro and Wellfleet have residential exemption tax rates; Assessed valuation shown reflects residential valuation net of exempt Bonds structured on an equal/declining debt service basis for a maximum term of 20 years. Bonds reflect only estimated local share of project costs. Truro 12,142,163,780 4,254,853,730 7,479,607,480 7,769,863,870 3,090,059,650 5,973,169,000 5,818,755,370 4,271,316,040 2,851,362,621 2,160,921,930 2,293,784,642 6,913,042,475 (RTE tax rate) - FY20 AV Cape Cod Regional Technical High School Fiscal 2021 Valuations 12 of 14 232 MEMBER MUNICIPALITY ENROLLMENT AS OF 10/1/21: Town of Barnstable 186 Town of Brewster 59 Barnstable Town of Chatham 12 Brewster Town of Dennis 72 Chatham Town of Eastham 18 Dennis Town of Harwich 71 Eastham Town of Mashpee 48 Harwich (FY20) Town of Orleans 11 Mashpee Town of Provincetown 7 Orleans Town of Truro 9 Provincetown (RTE tax rate)0.839888 Town of Wellfleet 12 Truro (RTE tax rate)0.942652 Town of Yarmouth 148 Wellfleet (RTE tax rate) TOTAL ENROLLMENT: 653 Yarmouth Fiscal Year Equals Net Total Debt Service Yarmouth Debt Service Proration Yarmouth Est. Tax Rate Impact per $1,000 2019 115,063 22,308 0.00 2020 7,617,300 1,470,005 0.23 2021 6,260,700 1,392,396 0.22 2022 6,255,575 1,588,876 0.23 2023 6,081,325 1,378,309 0.20 2024 5,907,075 1,338,816 0.19 2025 5,732,825 1,299,323 0.19 2026 5,558,575 1,259,830 0.18 2027 5,384,325 1,220,337 0.18 2028 5,210,075 1,180,844 0.17 2029 5,035,825 1,141,351 0.17 2030 4,861,575 1,101,858 0.16 2031 4,687,325 1,062,365 0.15 2032 4,530,500 1,026,821 0.15 2033 4,391,100 995,226 0.14 2034 4,251,700 963,632 0.14 2035 4,112,300 932,037 0.13 2036 3,972,900 900,443 0.13 2037 3,833,500 868,848 0.13 2038 3,694,100 837,254 0.12 2039 3,554,700 805,659 0.12 Total 101,048,363 22,786,540 Assumptions: FY19 estimated share of costs based on 10/1/17 enrollment figures FY20 estimated share of costs based on 10/1/18 enrollment figures FY21 estimated share of costs based on 10/1/19 enrollment figures FY22 estimated share of costs based on 10/1/20 enrollment figures FY23 estimated share of costs based on 10/1/21 enrollment figures Barnstable, Provincetown, Truro and Wellfleet have residential exemption tax rates; Assessed valuation shown reflects residential valuation net of exemp Bonds structured on an equal/declining debt service basis for a maximum term of 20 years. Bonds reflect only estimated local share of project costs. Yarmouth 12,142,163,780 4,254,853,730 7,479,607,480 7,769,863,870 3,090,059,650 5,973,169,000 5,818,755,370 4,271,316,040 2,851,362,621 2,160,921,930 2,293,784,642 6,913,042,475 (RTE tax rate) - FY20 AV Cape Cod Regional Technical High School Fiscal 2021 Valuations 13 of 14 233 MEMBER MUNICIPALITY ENROLLMENT AS OF 10/1/21: Town of Barnstable 186 Town of Brewster 59 Barnstable Town of Chatham 12 Brewster Town of Dennis 72 Chatham Town of Eastham 18 Dennis Town of Harwich 71 Eastham Town of Mashpee 48 Harwich (FY20) Town of Orleans 11 Mashpee Town of Provincetown 7 Orleans Town of Truro 9 Provincetown (split tax rate)0.839888 Town of Wellfleet 12 Truro (split tax rate)0.942652 Town of Yarmouth 148 Wellfleet (split tax rate) TOTAL ENROLLMENT: 653 Yarmouth Fiscal Year Equals Net Total Debt Service Wellfleet Debt Service Proration Wellfleet Est. Tax Rate Impact per $1,000 2019 115,063 2,544 0.00 2020 7,617,300 160,364 0.07 2021 6,260,700 132,125 0.06 2022 6,255,575 159,887 0.07 2023 6,081,325 111,755 0.05 2024 5,907,075 108,553 0.05 2025 5,732,825 105,351 0.05 2026 5,558,575 102,148 0.04 2027 5,384,325 98,946 0.04 2028 5,210,075 95,744 0.04 2029 5,035,825 92,542 0.04 2030 4,861,575 89,340 0.04 2031 4,687,325 86,138 0.04 2032 4,530,500 83,256 0.04 2033 4,391,100 80,694 0.04 2034 4,251,700 78,132 0.03 2035 4,112,300 75,571 0.03 2036 3,972,900 73,009 0.03 2037 3,833,500 70,447 0.03 2038 3,694,100 67,885 0.03 2039 3,554,700 65,324 0.03 Total 101,048,363 1,939,754 Assumptions: FY19 estimated share of costs based on 10/1/17 enrollment figures FY20 estimated share of costs based on 10/1/18 enrollment figures FY21 estimated share of costs based on 10/1/19 enrollment figures FY22 estimated share of costs based on 10/1/20 enrollment figures FY23 estimated share of costs based on 10/1/21 enrollment figures Barnstable, Provincetown, Truro and Wellfleet have residential exemption tax rates; Assessed valuation shown reflects residential valuation net of exempt Bonds structured on an equal/declining debt service basis for a maximum term of 20 years. Bonds reflect only estimated local share of project costs. Wellfleet 12,142,163,780 4,254,853,730 7,479,607,480 7,769,863,870 3,090,059,650 5,973,169,000 5,818,755,370 4,271,316,040 2,851,362,621 2,160,921,930 2,293,784,642 6,913,042,475 (split tax rate) - FY20 AV Cape Cod Regional Technical High School Fiscal 2021 Valuations 14 of 14 234 Cape Cod Regional Technical H.S. District 10.1.21 Enrollment Report with History MEMBER MUNICPALITY ENROLLMENT AS OF 10/1/17 DEBT PRORATION ENROLLMENT AS OF 10/1/18 DEBT PRORATION ENROLLMENT AS OF 10/1/19 DEBT PRORATION ENROLLMENT AS OF 10/1/20 DEBT PRORATION ENROLLMENT AS OF 10/1/21 DEBT PRORATION Change Town of Barnstable 179 30.44%176 30.88%194 31.49%169 27.00%186 28.48%17 Town of Brewster 41 6.97%36 6.32%29 4.71%41 6.55%59 9.04%18 Town of Chatham 7 1.19%8 1.40%10 1.62%15 2.40%12 1.84%-3 Town of Dennis 61 10.37%68 11.93%73 11.85%73 11.66%72 11.03%-1 Town of Eastam 22 3.74%22 3.86%22 3.57%23 3.67%18 2.76%-5 Town of Harwich 77 13.10%67 11.75%58 9.42%51 8.15%71 10.87%20 Town of Mashpee 50 8.50%45 7.89%48 7.79%44 7.03%48 7.35%4 Town of Orleans 11 1.87%9 1.58%12 1.95%13 2.08%11 1.68%-2 Town of Provincetown 7 1.19%11 1.93%14 2.27%11 1.76%7 1.07%-4 Town of Truro 6 1.02%6 1.05%6 0.97%11 1.76%9 1.38%-2 Town of Wellfleet 13 2.21%12 2.11%13 2.11%16 2.56%12 1.84%-4 Town of Yarmouth 114 19.39%110 19.30%137 22.24%159 25.40%148 22.66%-11 588 570 616 626 653 27 Out of District - Sandwich 1 654 235 FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: 236 FINAL Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS: Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee’s needs. The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board. Please complete this form online, or on paper, and submit a résumé if desired to Erika Mawn, Town Administrator’s Executive Assistant: o Email: EMawn@Brewster-MA.gov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator’s Office or drop-box outside Town Hall. After your application materials are received, you’ll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. 1. Applicant name: 2. Address: 3. Phone Numbers: Home: Cell: 4. Email: 5. This is an application for: Full member status Alternate status 6. Are you a full-time Brewster resident? Yes No 7. Years you’ve lived in Brewster: 8. Are you registered to vote in Brewster? Yes No 9. Committees you are interested in serving on in order of preference: a. b. c. NOTE: You may attach a résumé or CV instead of completing items 10-14. 237 FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. Name of School Degree/Diplomas Certificates Date of Completion 11. OCCUPATION: ______________________________________________________ Active Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. Name of Employer Job Title Dates of Employment 13. GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. 14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 238 15. GOALS: Please explain why you’d like to serve on a particular committee. 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. 17. TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? Yes No 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) Yes No 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): 20. ADDITIONAL INFORMATION. Please add any additional information you’d like. a. Name: Address: Phone: Email: Relationship to you: b. Name: Address: Phone: Email: Relationship to you: 239 FINAL Select Bd Appt Policy; version Oct. 28 20. SIGNATURE. By signing below, you state that you understand and agree. My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: Massachusetts Conflict of Interest Law, MGL Ch. 268A; Massachusetts Financial Disclosure Law, MGL Ch. 268B; Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; Massachusetts Campaign Finance Law, MGL Ch. 55; and Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. When submitted, I understand that this form becomes a public document. Signature: Date: 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 NAV $ (000)Target Allocation RangeActual Allocation % Month FY '22Calendar YTD 1 Year 3 Year 5 Year 10 YearSince InceptionGLOBAL EQUITY42,599,803 34 - 44% 42.2% 4.79 3.91 17.64 39.48 17.89 15.02 11.79 7.47 CORE FIXED INCOME15,661,038 12 - 18% 15.5% 1.05 1.77 -0.39 0.81 8.52 4.24 4.80 7.22VALUE ADDED FIXED INCOME *6,755,172 5 - 11% 6.7% 1.07 4.02 10.76 16.81 7.96 7.08 5.85 8.02 PRIVATE EQUITY *15,654,878 11 - 17% 15.5% 1.41 15.60 53.29 71.43 31.82 28.58 22.00 16.36REAL ESTATE *8,442,246 7 - 13% 8.4% 1.23 8.03 19.85 25.12 10.32 9.29 10.72 6.96TIMBERLAND *2,780,007 1 - 7% 2.8% 0.54 0.34 4.94 7.86 2.63 4.67 4.94 7.92PORTFOLIO COMPLETION STRATEGIES *7,983,556 7 - 13% 7.9% 0.66 1.06 8.17 13.52 4.18 4.76 5.02 4.46OVERLAY968,408 0.0% 1.0% 1.83 1.28 6.16 17.85 9.94 6.94 6.12TOTAL CORE100,922,357 100% 100% 2.64 5.19 17.31 29.90 14.73 12.48 10.47 9.752.37 4.10 15.15 27.37 14.01 11.75 9.72 10.06TOTAL CORE BENCHMARK (using private equity and private debt benchmark) 22.51 2.95 10.37 20.61 11.79 10.03 8.63 9.75PARTICIPANTS CASH 22,888 0.01 0.02 0.06 0.08 1.12 1.25 0.73 3.50TEACHERS' AND EMPLOYEES' CASH41,764 0.01 0.02 0.06 0.08 1.11 1.24 0.72 2.36 TOTAL FUND100,987,008 2.645.1817.2629.8114.6912.4510.449.79PENSION RESERVES INVESTMENT TRUST* Certain Value-Added Fixed Income investments, Private Equity, certain Real Estate investments, Timberland, and certain Portfolio Completion Strategy investments are valued only at calendar quarter ends (March 31, June 30, September 30, and December 31).Periods Ending October 31, 2021*RATES OF RETURN (GROSS OF FEES)SUMMARY OF PLAN PERFORMANCEIMPLEMENTATION BENCHMARK (using short term private equity benchmark and private debt returns) 13255 256 257 258 259 260 261 262 263 1 Conor Kenny From:Chris Miller Sent:Tuesday, November 23, 2021 2:30 PM To:Peter Lombardi; Ryan Burch Subject:Beach access for commercial shellfish grants Hi Peter, The commercial oyster grants are beginning to bring off gear and prepare to remove stock for the winter. I expect we will see activity from now until the end of the year. As before, grant holders notify us that they will be heading out. Activity is mostly at Ellis Landing and Mants Landing, although occasionally Linnell and Point of Rocks may be used. The town grant will likely be removed late December, and we will be on the flats removing empty cages and old moorings, etc. as tides allow. -- Chris Miller, Director Brewster Department of Natural Resources 264 265 266 267 268 269