HomeMy Public PortalAboutSelect Board -- 2022-01-27 Minutes \ \\\ \\\\\\11111111111f1111/7/ry/////
0aOffice� Wsr Town of Brewster Oceof:
\° \
E�pER F.s1 //� Select Board
O e °f °90 2198 Main Street Town Administrator
2 = m = Brewster, MA 02631 - 1898
o ° _ _� 0 ttttttt Phone : (508) 896-3701
~ — — CoFax : ( 508) 896 -8089
%// Eq RP s e� Boa \\\\\\ \\\\
//////!/1111111111111111\\\\\\\
JOINT MEETING WITH THE SELECT BOARD & BOARD OF HEALTH REGULAR SESSION MINUTES
DATE . January 27, 2022
TIME : 6 : 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, Penny Holeman , Kim Crocker Pearson , Annette Graczewski, Amy von Hone, Mark Nelson , Chris
Miller
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 for the Select Board . Board of
Health Chair Holeman called the meeting to order, declared a quorum and announced the members of the
Board of Health who were present . Chair Bingham read the meeting participation and recording statements .
Public Announcements and Comment :
None
Consent Agenda
• Potential Closure of Gate House ( Fee Items Only) due to Inclement Weather on Saturday January 29,
2022
a
Mr . Lombardi noted that we added this agenda item to allow for some discretion to close the gate house,
however we would like to extend the request and ask the Select Board to vote to give discretion to close the
r
Recycling Center completely if needed on Saturday and possibly on Sunday based on the latest forecast . The
Town is reviewing the need for a reverse 911 call to residents in anticipation of closure of multiple of Town
facilities .
Selectperson Chatelain moved to give the Town Administration and the DPW Director the discretion to close
the Transfer Station on both Saturday January 29, 2022, and Sunday January 30, 2022 . Selectperson Whitney
second . A roll call vote was taken . Selectperson Chaffee -yes, Selectperson Whitney- yes, Selectperson
r`
Chatelain -yes, Selectperson Hoffmann -yes, Chair Bingham -yes . The vote was 5 -Yes, 0 - No .
i
Presentation on Integrated Water Resource Management Plan and Clean Water State Revolving Fund
Proiect Eligibility: Discuss Next Steps on Water Quality Initiative Planning and Town Participation in Cape
Cod and Island Water Protection Fund (Select Board FY22-23 Strategic Plan Goal WR- 1 )
Mr . Lombardi noted that Water Quality has been a goal of the Select Board ' s strategic plan for 3 years, this
year the Select Board refined the goal even more and discussed developing a clear timeline and plan for
moving the initiatives forward . The Town also will be evaluating the benefits of participating in the Cape Cod
BoS 01 . 27 . 2022 www . brewster- ma . gov Page 1 of 6
Doc ID : cb9cb7a10e59e2a7827e20c253fb503a54dlff42
i
j
uIN/i/io
iii, Office of:
L�
Town o Brewster - -
�0"0 OF �4pER 00
*/& Select Board
Q FN ; 2198 Main Street Town Administrator
2 =
Brewster, MA MA 02631 - 1898
o u ti Phone : (508) 896-3701
r — — Fax : (508) 896 -8089
FFB, RPoR� Bp3 \\\\\\\\\\
19 ,
and Islands Water Protection Fund ( CCIWPF ) . Mr . Lombardi stated that the intent of the meeting tonight is to
bring everyone up to speed on the work that was done in developing an integrated water resource
management plan and everything that has transpired since .
Mark Nelson , Horsley Witten Group, shared a presentation that begins on page 30 of the public e - packet, the
presentation includes the context of where this all began , some of the history that has already taken place
over the last 10 years and highlights some of the water quality and water resource issues that the Town is
working through . There are two main focuses that are being addressed : Pleasant Bay Watershed and the
implementation of that permit, and the next steps that are needed to help protect and restore our water
quality in freshwater ponds . In addition to what was presented , Mr . Nelson made the following statements .
• The level of nitrogen in the water in Brewster is 1mg/ L or less, this is contributed to the open space
acquisitions and the level of development in the areas of the wells which protects the quality of
drinking water in Brewster.
• The level of nitrogen that a coastal estuary can sustain is an average of . 3mg/ L, a very low number .
When there is nitrogen , algae builds up and threatens the habitat for shellfish and the eggs that fish
lay .
• Toxic algae ( cyanobacteria ) in the ponds are becoming more of an issue on the Cape as more testing
is being completed , with this data we have learned more .
• With the collection of data , in roughly a year we can start planning and in two years we will have
definitive information to be able to update the watershed permit and make clear decisions .
• Knowing that some of the ponds are impaired and have issues with nitrogen and phosphorus, one of
the solutions is a Board of Health regulation that basically says there can ' t be a leaching field within
300 feet of the pond .
• In previous public meetings, there were discussions about freshwater ponds and if we could sewer
around some of the ponds, Mr . Nelson noted the real issue is that we wouldn ' t have one wastewater
treatment plant for all major ponds in Brewster, you would be running sewer lines across the town .
This would result in individual wastewater treatment plants for individual ponds that needs a location
for the treatment plant, a disposal area and determine who would own and operate it . Overall , the
cost for multiple ponds would be much higher than the individual onsite septic costs around these
ponds .
• Note that on the leaching rate study that is ongoing, this is not factored into the cost summary
numbers .
Selectperson Chaffee noted the work that has already gone on in the Town that has put us in a more
favorable position to move forward , and how it is always important to point out the economic value of the
Open Space protection that has been done .
In response to questions from the Select Board , Mr. Nelson clarified that in the cost summary totals that 1
were presented the $ 2 . 81V! -$ 4 . 11V] is the best estimate today of what the Town could get paid back from the
i
BoS 01 . 27 . 2022 www . brewster- ma . gov Page 2 of 6 }
i
Doc ID : cb9cb7a10e59e2a7827e20c253fb503a54dlff42
\\\p\�p0 � E Wll iiii .
T®W11 O BY'eWSteY' Office of:
£�° EAB A ' Select Board
o 9F 2198 Main Street
�� Town Administrator
_ = mBrewster, MA 02631 - 1898
n =
o Phone ; (508) 896-3701
~ — — Fax : (508) 896-8089
/% Fee q18 p18p3
/i"�i�i�nrinmuflluu�a\\\o\`
fund . Mr . Nelson expects that that within a year we will have reasonable information from the golf course
leaching study to say with some margin of error what other things the Town needs to consider . Adding that
over the next 4- 6 months we will see some clarity about what the changes in the Tar Kiln Watershed mean ,
and we will be able to adjust some target numbers and reallocate some of the issues . Mr . Nelson confirmed
that liquid nitrogen application has started at the golf course and the lysimeters are capturing the behavioral
change already . In response to a question by Selectperson Chatelain about partnering with Cape Cod
National Golf Course , Mr . Nelson noted that as we learn more about the leaching rates at Captain ' s Golf
Course, if the data is positive, it could be used as a good starting point of discussion . Mr . Lombardi agreed
with the idea of partnering with Cape Cod National if we can incentivize them to change practices in terms of
fertilization to help meet the permit requirements, thinks we could do so with a lower overall cost .
Regarding the Stormwater Bylaw, Mr . Lombardi stated that all Town General and Zoning Bylaws go to the
Attorney General for review, after Town Meeting approval . The State has 90 days for review and response .
Adding that many other municipalities in Massachusetts are required to approve similar MS4 Stormwater
bylaws to comply with Federal permit, and we do not expect an issue with Brewster' s bylaw . Mr . Lombardi
noted that we expect to hear back next month and that it does not take affect retroactively but will go into
effect on approval by the Attorney General . It was noted that Mr . Nelson has been working with the Health
Director, Amy von Hone and the Board of Heath to approve the nitrogen loading calculation regulations
related to the other bylaw changes that was approved at Town Meeting for water quality protection district .
The Attorney General' s office is allowed to request a onetime 60-day extension , we are still waiting to hear .
a
Selectperson Hoffmann mentioned an organization called the Mass Alternative Septic System Test Center
that is doing work to research effective alternative septic systems, asking if this entity could help us in any
way? Mr . Nelson believes it could in a couple of different ways . The research that they do is helpful to
promote the alternative systems , they also have ongoing projects to get systems into the field for hands on
data to learn from . Noting that possible partnership with our pilot program and shared funding opportunities
may exist .
Mr . Nelson stated that Massachusetts has a complex process to get to full approval for these IA systems, it
i
starts with 15 pilot systems and then provisional status up to 50, then 50 installed and tested for 3 years to
prove they work to the level that the manufacture wants to get general use approval . Mr . Nelson doesn ' t
see this changing drastically anytime soon . Noting that one thing that could change is the length of testing, 3
years of testing every 3 months, is the same amount of data if testing monthly for one year . Mr . Nelson
added that these systems can be used before they get to general use approval , and they have been working
very well . There are systems being tested in Marstons Mills that are showing their likely going to be at
a
10mg/ L or less with the technology . There are other systems that the Mass Alternative Septic System Test
Center has developed on their own, that are getting to these level results are well , the systems aren ' t a
proprietary system . Mr . Nelson thinks if we have reasonable data , we can have confidence that the systems
are working properly before the level of general use approval . Mr . Nelson provided a little history that
Massachusetts is one of the first states to allow the systems to be used , there was a lot of questionable data
BoS 01 . 27 . 2022 www . brewster- ma . gov Page 3 of 6
i
Doc ID : cb9cb7a10e59e2a7827e20c253fb503a54dlff42
i
\\\\\\\\\\\\\\\IIIIill�llll ll/AN////// Town of Brewster . Office of:
1
\�� Select Board
= 2198 Main Street Town Administrator
m Brewster, MA 026314898
o ° rn = Phone : (508) 896-3701
r t Fax , ( 508) 896-8089
P�Ceopi
III s A11° PIII\\\\\\0\\\\`\O�\\\
111
from initial systems which made them skeptical , but we are seeing a change in the process now and more
people involved in the testing actively working to make sure it is done well . The pilot study that is purposed
could build on this to get good data to help explain this is viable option .
Selectperson Whitney inquired about the IA system and potential pilot program and if there was any
advantage to locating that within the Pleasant Bay Watershed or closer to the Bay . Mr . Nelson replied the
proposal is that systems would be for nitrogen and phosphorus treatment that would be near a freshwater
pond . For Pleasant Bay we don ' t necessarily need the phosphorus treatment and if you are near a pond in
the watershed there is an attenuation question as the model assumes that you have a septic system
upgradient of a pond that then flows to Pleasant Bay . Only half the nitrogen ever makes it to Pleasant Bay .
Mr . Nelson noted there is not a lot of cost benefit of treating the systems just for Pleasant Bay but could be a
dual benefit if there is a valid pond to look at there, most are on the boundary with Orleans . A main factor is
finding property owners that want to participate in the study .
Board of Health member Graczewski asked where the funds from the Cape and Island Water Protection Fund
are being derived from ? Mr . Lombardi responded that the funds that are directed to the CIWPF are a 2 . 75 %
rooms tax on all lodging, both traditional and short-term rentals . Funds are collected by the State and
directed to the fund itself and dispersed by the Management Board in the manner that is consistent with the
statue , rules and regulations and the bylaws that were created by the management board .
Mr . Lombardi acknowledged Amy von Hone and Chris Miller who have been very involved in these efforts,
working with Mark Nelson behind the scenes and representing Brewster on the Pleasant Bay Watershed
permits . For financing of these projects, included in the packet is a presentation from 2021, the last slide
outlines the next steps, as a reminder :
• Town to work with staff and consultants
• Finalize list of upcoming water resource projects and associated costs ( included in the report )
• Determine SRF eligibility of Brewster projects with the Cape Cod Commission and DEP (Table 2 :
Summary of the IWRMP Costs and Funding Options in the report ) . All in total cost at the high end are
projected to be at the lower $41M . The table will show the funding options and supporting
documents are in the e - packet .
Brewster differs than some of our neighbors on Cape, who are in some form of planning for implementing
big pipe sewer projects . The information available in the packet is relative to the disbursement of the funds,
there is the calendar 2021 Annual Report from CCIWPF which shows the disbursements that have been
made so far . Brewster needs are unique, we have identified five different funding alternatives to finance our
water resource needs :
1 . Current Practice — remain a member of the CCIWPF, with a 2 . 75 % room tax on all lodging via CCIWPF,
subject to disbursement .
2 . Current Practice- Free Cash appropriations, typically spending $ 3001<-$ 4001( per year .
i
i
BoS 01 . 27 . 2022 www . brewster- ma . gov Page 4 of 6
Doc ID : cb9cb7a10e59e2a7827e20c253fb503a54d1ff42
i
I
\�o°\�a0VkEW's ®W1Y ® BI'eWSteY' Office of:
\\�`�4 eE E4neq ey F.Q '�.�i Select Board
= e F $ ; 2198 Main Street Town Administrator
= m � Brewster, MA 02631 - 1898
g �• u m
o _ _ o Phone , (508) 896-3701
~ — = Fax , (508) 896-8089
i�// Feg qPe fl' 8p3
1111111111111111
3 . Local Option - opt out of CCIWPF with a little over $ 2 . 6M already provided that would not be available
to us . A 2 . 75 % room tax on all lodging via special act where Town would retain full control over
revenues and expenditures, Town Meeting and State Legislature approval required . The Town would
take in up to $ 1M per year .
4 . Option ( only requires Town Meeting approval ) - Up to 3 % community impact fee on short-term
rentals only and 35 % of the revenues collected must be spent on either affordable housing or
infrastructure . Would reduce our annual revenues from this source by about half.
5 . Option ( only requires Town Meeting approval ) - up to 3 % Water Infrastructure Investment Fund
( WIIF ) tax on local property taxes . Some towns have reduced the CPA tax down so that the net effect
isn ' t dramatically different . Reducing a Town ' s CPA tax would be more challenging in terms of
financing our existing capital needs .
Selectperson Whitney asked if the alternative septic systems would be classified as infrastructure , Mr .
Lombardi responded that this isn ' t something we have researched at this point . If the Board is supportive,
Town administration can work with Town Counsel and DOR to work on the finer points . Adding that opting
out of CCIWPF requires Town meeting vote and we have a finite timeline . Mr . Lombardi added that there
isn ' t any doubt based on the presentation tonight that there is significant capital looming in terms of water
quality and obligations . If Brewster were to opt out the revenues that Brewster has contributed would be left
in the fund and we believe that we would be able to access some funds for some of our projects, however
the issue is that in the meantime we are using our only other funding source , free cash to fund our projects .
Selectperson Chatelain expressed his interest in withdrawing from the CCIWPF and opting for option 3
above . Mr . Lombardi noted that part of the challenge is the extent to which the State Legislator would
approve a petition that is essentially superseding legislation that they themselves have recently approved .
At this time, we are unaware if other Towns have opted out of the CCIWPF .
It is clear from statue and regulations that if communities were to opt out of the CCWIPF that there would
not be the ability to recoup the funds . However, there is a "cooling off" period where towns have the option
to rejoin , but if they were to do so the funds already contributed are taken off the table . This was a State bill
that applied to all Cape and Islands Towns, there was an opt out provision , but we didn ' t opt in and there
wasn ' t a Town Meeting action to opt in .
The Select Board would like Mr . Lombardi to speak with our representatives to gather more information on
our options for opting out of the CCIWPF and the alternative options . Mr . Lombardi noted that to opt out,
this would be a warrant article initiated by the Select Board , noting that the input of the Board of Health is
valuable as well as other committees that these discussions have policy implications including, the Finance
Committee, Natural Resources Commission , Planning Committee, Conservation Commission , and Water
Commission , all of their input is key . The Select Board will place this item as an agenda item at an upcoming
meeting and will gather information regarding the community impact fee and what the statue determines
for afford housing and infrastructure needs and if the IA system would qualify .
I
1
BoS 01 . 27 . 2022 www . brewster- ma . gov Page 5 of 6
Doc ID : cb9cb7a10e59e2a7827e20c253fb503a54d1ff42
1
3
Office of.•
Town of Brewster
o
= QELUEq BF 'Q '% Select Board
2198 Main Street Town
Administrator
"m Brewster, MA 02631 - 1898
o U _ Cl) ` Phone : (508) 896-3701
Fax , ( 508) 896-8089
Fee RPO 1603 \\\\\\\\
Matters Not Reasonably Anticipated by the Chair :
None
Next Meetings : January 31 , February 7 (Joint with Finance Committee - FY23 Town Budget Overview ) ,
February 9 (Joint with Finance Committee - FY23 Town Budget Details ) , February 14, February 16 (Joint with
Finance Committee and Capital Planning Committee - 5 Year Capital Improvement Plan ) , February 28 (Joint
with Finance Committee - FY23 School Budgets ), March 7, and March 21, 2022
Adiournment
Board of Health member Graczewski moved to adjourn at 7 : 56pm , Board of Health member Crocker Pearson
second . A roll call vote was taken . Member Crocker Pearson - yes, member- Graczewski -yes, Chair Holeman -
yes . The Board of Health vote was 3 -Yes, 0- No .
Selectperson Chaffee moved to adjourn at 7 : 56pm . Selectperson Chatelain second . A roll call vote was taken .
Selectperson Chaffee -yes, Selectperson Chatelain - yes , Selectperson Whitney-yes, Selectperson Hoffmann -
yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0 - No .
Respectfully submitted by Erika Mawn , Executive Assistant
i
02 / 15 / 2022 5"dmlovoird 9 6AOd6L44 j
Approved : Signed :
i
Date Selectperson Chatelain , Clerk of the Select Board 1
a
I
Accompanying Documents in Packet : Agenda, Presentation documents on Integrated Water Resource Management Plan, Cape Cod & Islands
Water Protection Fund Update documents .
I
7
1
g�
I
I
1
j
3
55
f
I
1
f
BoS 01 . 27 . 2022 www . brewster- ma . gov Page 6 of 6
Doc ID : cb9cb7a10e59e2a7827e20c253fb503a54dlff42
i