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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