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MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION
DATE . April 4, 2022
TIME : 5 : 50 PM
PLACE : Remote Participation
REMOTE PARTICIPANTS : Chair Bingham (joined at 5 : 52pm ) , Vice Chair Whitney, Selectperson Chaffee,
Selectperson Hoffmann , Selectperson Chatelain , Town Administrator Peter Lombardi, Assistant Town
Administrator Donna Kalinick, Robert Ziegler, Suzanne Sullivan , Ryan Burch , Tim Hackert, Julie Creamer,
David Quinn
Call to Order, Declaration of a Quorum , Meeting Participation Statement and Recording Statement
Vice Chair Whitney called the meeting to order at 5 : 50pm and read the meeting participation and recording
statements . A quorum was declared , with members of the Select Board announced .
Executive Session
To discuss strategy with respect to collective bargaining if an open meeting may have detrimental effect on
the bargaining position of the public body and the Chair so declares ( OPEIU ) .
Selectperson Chatelain moved to enter executive session . Selectperson Chaffee second . A roll call vote was
taken . Selectperson Chatelain -yes, Selectperson Chaffee -yes, Selectperson Hoffmann -yes, Vice Chair
Whitney-yes . The vote was 4-Yes, 0- No .
Chair Bingham joined the meeting at 5 : 52pm . The Select Board returned to open session at 5 : 56pm .
Discuss and Vote on Memorandum of Agreement with OPEIU re . Hiring Employees with Past Experience
Mr . Lombardi commented that this would allow the Town to hire new employees up to step 3 within the
applicable grade based on their experience in similar positions . This increases up to step 4 starting July 1,
2023 .
Selectperson Hoffmann moved to approve the memorandum of agreement with OPEIU regarding hiring
employees with past experience . Selectperson Chaffee second . A roll call vote was taken . Selectperson
Whitney-yes, Selectperson Hoffmann -yes, Selectperson Chatelain - abstain , Selectperson Chaffee -yes, Chair
Bingham -yes . The vote was 4-Yes, 0- No, 1 -Abs
Public Announcements and Comment : None
Select Board Announcements and Liaison Reports :
Selectperson Whitney welcomed home Joe Thacher, a Brewster Police Office since 2018 and a Captain in the
Massachusetts National Guard . Mr . Thacher has returned home from a yearlong deployment in the Middle
East, the Town of Brewster thanks you for your service .
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Town Administrator' s Report :
Mr . Lombardi reviewed data regarding the COVID pandemic :
• Both at the Federal and the State level, the second booster has been approved for adults over age 50 .
• Brewster is in the low to mid -single digits in terms of weekly new positive cases . No real consistent
demographic being impacted . .
Ms . Kalinick announced that the planned reopening date of the Swap Shop is Friday April 22, 2022, which will
be opened Friday through Monday from 10am until 2pm . Specific guidelines will be posted on the website . A
reminder that this is a Brewster resident swap shop, if one does not have a recycling center permit, they
must show the gate attendant proof of residency . Ms . Kalinick thanked the volunteers, Griffin Ryder and
Jimmy Jones for their support .
Consent Agenda
a . Meeting Minute's : March 14, 2022
b . Fee Waiver Request : Brewster Historical Society events at Drummer Boy Park; Department of Public
Works project at the Sea Camps
c . Town Landing and Public Beach Access Requests Ellis Landing
Selectperson Chatelain moved the consent agenda for April 4th . Selectperson Chaffee second . A roll call vote
was taken . Selectperson Hoffmann -yes, Selectperson Chaffee - yes, Selectperson Chatelain -yes, Selectperson
Whitney-yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0 - No .
Discuss and Vote on Minor Language Changes to Town Charter Special Act Proposed by Counsel to
Massachusetts House of Representatives
Mr . Lombardi noted the final version is in the packet, there are no significant changes relative to the policy
implications in the Charter . The original article that Town Meeting approved gives the Select Board as well
as counsel for the House and Senate discretion to make changes . Before it moves on for Senate review,
Representative Whalen suggested that the Select Board review and approve the new Special Act as revised .
Selectperson Chatelain moved to approve the Special Act as presented in the packet . Selectperson Hoffmann
second . A roll call vote was taken . Selectperson Hoffmann -yes, Selectperson Chaffee - yes, Selectperson
Chatelain -yes, Selectperson Whitney-yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0- No .
6 : 15pm Public Hearing- Annual Wines and Malt Beverages Liquor License : Ack Gioia LLC
Selectperson Chatelain moved to open the public hearing . Selectperson Hoffmann second . A roll call vote
was taken . Selectperson Hoffmann -yes, Selectperson Whitney-yes, Selectperson Chaffee -yes, Selectperson
Chatelain -yes, Chair Bingham -yes . The vote was 5-Yes, 0 - No .
There were no public comments or questions from the Select Board .
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Selectperson Chatelain moved to close the public hearing . Selectperson Hoffmann second . A roll call vote
was taken . Selectperson Whitney-yes, Selectperson Chaffee -yes, Selectperson Chaffee -yes, Selectperson
Hoffmann -yes, Chair Bingham -yes . The vote was 5 -Yes, 0- No .
Selectperson Chatelain moved to approve the Annual Wines and Malt Beverages General On - premises Liquor
License for Ack Gioia pending they provide the required liability insurance and all financial obligations have
been paid to the Town . The hours during which alcoholic beverages will be sold are 11 : 30am to 6pm daily .
Selectperson Chaffee second . A roll call vote was taken . Selectperson Chaffee-yes, Selectperson Hoffmann -
yes, Selectperson Whitney-yes, Selectperson Chatelain -yes, Chair Bingham -yes . The vote was 5 -Yes, 0- No .
Interview Candidates for Tenant Representative on Housing Authority Board and Vote on New Member
Candidate Robert Ziegler joined the meeting, there were no other candidates who attended the meeting :
Mr . Ziegler explained why he was interested to be on the Housing Authority Board , he would like to try to
help improve the property and look for ways to support the residents . If he is on the Board , he will have the
opportunity to bring up concerns of the residents .
Ms . Kalinick noted this is new legislation where a tenant is given a seat on the Housing Authority Board . It is
being completed now since there was a recent vacancy on the Housing Authority Board . There are two
Brewster Authority Housing properties, one is Frederick Court, located on Brewster Road and Sunny Pines off
Rt 39 on Huckleberry Lane . Both are rental properties with Sunny Pines as a mixed rental property and
Frederick Court as elderly housing . Adding that Housing Authorities are State run housing, the Board meets
the third Wednesday of each month . Chair Bingham is the liaison to the committee, which reviews the
financials of the property, works on the Capital Plan and the annual budget . The Executive is shared by
Brewster and the Town of Mashpee . The board reviews policies as they relate to the properties .
Selectperson Chaffee moved to appoint Robert Ziegler to the vacancy on the Brewster Housing Authority ,
Selectperson Chatelain second . A roll call vote was taken . Selectperson Whitney-yes, Selectperson Chatelain -
yes, Selectperson Chaffee -yes, Selectperson Hoffmann -yes, Chair Bingham -yes . The vote was 5 -Yes, 0 - No .
Presentation and Vote to Place Non - Binding Public Advisory Question on Spring 2022 Local Ballot : Pilgrim
Power Plant- Suzanne Sullivan
Ms . Sullivan is looking to place the binding advisory question on all fifteen Cape town ballots, she believes
there is no real significant attention to Cape Cod and the radioactive water may collect in Cape Cod Bay ,
Selectperson Chaffee moved to place the non - binding public advisory question concerning the potential
radioactive water release from the Pilgrim Power Plant on the Spring 2022 local ballot . 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 vote was 5 -Yes, 0- No .
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Discuss and Vote on Proposed 2022 Razor Clam Regulations - Ryan Burch , Deputy Natural Resources Officer
Ryan Burch joined the meeting and reviewed the proposed regulations, he noted that since 2018 the Town
has opened razor clamming to commercial fishery . The Natural Resources Department has taken a
conservative approach by setting limits and restrictions . Data is collected by working with Barnstable County
Cooperative Extension and our harvesters, the proposed 2022 razor clam regulations is the result of the data
and feedback received .
Selectperson Chaffee questioned the reduction in endorsement fee from $ 200 to $ 25 when the Town has
expended resources on the program ? Mr . Burch responded that the reason is contributed to the reduction
in the amount of harvesting that will be allowed this season as well as the amount of time that will be
needed for monitoring . Mr . Burch in responding to harvesters not meeting the maximum allowed amounts
noted that last year there were unfavorable winds and algae that covered parts of the flats making it hard to
identify the razor clam holes .
Selectperson Chatelain moved to approve the razor clam regulations for 2022 . Selectperson Chaffee second .
A roll call vote was taken . Selectperson Chaffee-yes , Selectperson Hoffmann -yes, Selectperson Chatelain "
yes, Selectperson Whitney-yes, Chair Bingham -yes . The vote was 5 -Yes, 0- No .
Discuss and Vote on Recommendations of Award to Preservation of Affordable Housing & Housing
Assistance Corporation from Affordable Housing Trust on Millstone Road Community Housing Request for
Proposal ( Select Board FY22 -23 Strategic Plan Goal W3 ) - Joint with Affordable Housing Trust
Ms . Kalinick introduced Tim Hackert, Chair of the Affordable Housing Trust, Julie Creamer from Preservation
of Affordable Housing and David Quinn from Housing Assistance Corporation . It was noted that Mr .
Lombardi served as the procurement officer for the proposal . Ms . Kalinick provided a brief history in the
development of the criteria for the request for proposal . The Trust review committee had reviewed the
qualified proposal with financial review by LDS consulting . The committee then scored the proposal based on
the criteria and the proposal was highly advantageous in all categories .
Mr . Hackert clarified that there was a robust engagement process with the abutters and put in extra effort in
looking at their concerns . The response from POAH and HAC were very sensitive to the abutters concerns
and they expressed in their response their willingness to work with the abutters .
Ms . Kalinick noted a critical element of criteria was the management of the development of affordable
housing, which needs to be invested in the community . Mr. Hackert added that POAH and HAC have a
portfolio of properties that gives them an administrative base for being able to handle the properties and
responsive, their long-term commitment to the Cape is evident .
Selectperson Chatelain moved to approve awarding the request for proposal to POAH and HAC for the
project at Millstone Road . Selectperson Hoffmann second . A roll call vote was taken . Selectperson Whitney-
yes, Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Chatelain -yes, Chair Bingham -yes .
The vote was 5 -Yes, 0- No .
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Mr . Lombardi noted that POAH and HAC now have rights to negotiate directly with the Town on the land
development agreement and the lease of the property . Draft versions were included in the solicitation .
Discuss and Vote to Sign Regulatory Agreement with Elevation Financial for Serenity Brewster Local Action
Unit Application
This topic was not discussed and will be placed on the agenda for the April 25, 2022 , meeting .
Vote to Open Spring 2022 Town Meeting Warrant and Vote on Articles
Selectperson Chatelain moved to open the warrant for Spring Annual Town Meeting 2022 . Selectperson
Hoffmann second . A roll call vote was taken . Selectperson Hoffmann -yes, Selectperson Chatelain -yes,
Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Bingham -yes . The vote was 5 -Yes, 0- No .
a . ATM Article 2 : FY23 Elementary School Budget
Selectperson Chatelain moved to recommend approval of ATM Article 2 , Elementary School Budget .
Selectperson Hoffmann second . A roll call vote was taken . Selectperson Chaffee -yes, Selectperson
Chatelain -yes, Selectperson Whitney-yes, Selectperson Hoffmann -yes, Chair Bingham -yes . The vote
was 5 -Yes, 0- No .
b . ATM Article 3 : Brewster Elementary School Special Education Stabilization Fund
Selectperson Chatelain moved to recommend approval of ATM Article 3 , Special Education
Stabilization Fund . Selectperson Whitney second . A roll call vote was taken . Selectperson Chatelain -
yes, Selectperson Chaffee -yes, Selectperson Whitney-yes, Selectperson Hoffmann -yes, Chair
Bingham -yes . The vote was 5 -Yes , 0- No .
c . ATM Article 4 : FY23 Nauset Regional Budget
Selectperson Hoffmann made the following remarks to explain her position on this article :
• Nauset Middle ( increase of 1 . 67 % ) and High School ( increase by 1 . 59 % ) had both submitted
budgets with increases under 2. 5 % as requested by the Town . Unfortunately, the Nauset
Region only budget includes the biggest budget drivers and is increasing by 13 . 84%, an
increase of just under $ 1 . 45M . The increases are in areas out of the district' s control and
include the following :
o $ 46K for in district transportation .
o Almost $ 600K increase or 31 . 6 % from last year for tuition of students who choose to
go to Charter or another district . The district should consider exit interviews for all
families and students to see why they are leaving .
o A $ 234K increase for transportation for special needs students to their placements in
and out of the district, a 56% increase from last year . An almost $ 414K increase to
cover when the district is unable to educate some students with special needs and
send these students to an out of district placement, an 10 % increase over last year .
o About $ 290K increase in the district share of health insurance costs, 9 % over last year .
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Selectperson Hoffman commented that the only costs for the FY23 budget that was made by the
Nauset schools was the $ 125K of the new regional facilities director, considering the $ 132M school
project in the works, this is a smart investment . Noting that it is important to point out that we often
compare the Cape Cod Tech budget to the Nauset Schools budget, however the Tech doesn ' t have to
pay for school choice or pay for special needs out of district tuitions or related transportation .
Selectperson Hoffmann stated that Cape Cod Tech can cap their enrollment, however Nauset must
take all children . Continuing that Nauset could have come under budget, but this would require
cutting programs, services, and people . Selectperson Hoffman believes we all will need to work for
next budget season to keep providing high quality education in a more fiscally strained environment .
Mr . Lombardi added that prior to the notice from the State that our local Chapter 70 allocation was
increasing by 32 %, over $ 300k, we anticipated that we would not have sufficient levy capacity and
that an override was needed , or cuts would need to be made on the order of around $ 200K . Once we
learned of the significant Chapter 70 increase, this gave the Town levy capacity and the ability to fund
the Nauset assessment without an operating override . The Finance Committee has voted on the
Region Budget and their recommendation is, 2 in favor, 6 opposed to recommending the article to
Town meeting .
Mr . Lombardi noted that he received confirmation from the Orleans Town Administrator that Orleans
is bringing forward an override to Town meeting and the ballot this Spring in the amount of $ 627K,
the override is specific to the increase in their share of the Nauset Region Budget ,
Selectperson Chatelain moved to recommend approval of ATM Article 4, Nauset Regional Budget ,
Selectperson Chaffee second . A roll call vote was taken . Selectperson Hoffmann -yes , Selectperson
Chatelain -yes, Selectperson Whitney-yes, Selectperson Chaffee -yes, Chair Bingham - no . The vote was
4-Yes, 1 - No .
d . ATM Article 6 : FY23 Water Department Budget ( Re -vote )
Mr . Lombardi noted that the reason for the re -vote for this article and for Article 10 is the way in
which the Town submits our information budget and tax information on the re - cap . The State
doesn ' t allow us to include the indirect charges that are funded by the Water and Golf Departments
to help support the general fund . Also, we can ' t include the amounts in those individual budget lines .
Both the Water and Golf amounts have been reduced in the warrant article , Water is $ 195K and Golf
Department is down a little over $ 205K .
Selectperson Chatelain moved to recommend approval of ATM Article 6 . Selectperson Hoffmann
second . A roll call vote was taken . Selectperson Chatelain -yes, Selectperson Hoffmann -yes,
Selectperson Whitney-yes, Selectperson Chaffee -yes, Chair Bingham -yes . The vote was 5 -Yes, 0- No ,
Select Board 04 . 04 . 2022 www . brewster- ma . gov Page 6 of 8
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e . ATM Article 8 : FY23 Golf Department Budget ( Re -vote )
Selectperson Chatelain moved to recommend approval of ATM Article 8, Golf Department Budget .
Selectperson Hoffmann second . A roll call vote was taken . Selectperson Chaffee -yes, Selectperson
Whitney-yes, Selectperson Chatelain -yes, Selectperson Hoffmann -yes, Chair Bingham -yes . The vote
was 5 -Yes, 0- No .
f. ATM Article 10 : Capital & Special Project Expenditures ( Re -vote )
Mr . Lombardi noted there is one new item and one re -vote , the first is item 1c in the warrant, a
Select Board funding request for $ 30K to support the continued work of our consultant Tighe and
Bond in supporting the Vision Planning Committee in completing the Local Comprehensive Plan .
Town Meeting had originally approved $ 70K and are looking for a supplemental appropriation of
$ 30K . The re -vote, which is under the Golf Department item 9b for the club house window and door
replacement project . We received an updated cost estimate, the overall project has increased by
$ 20K to $ 210K .
Selectperson Chatelain moved to recommend approval of ATM Article 10 . Selectperson Hoffmann
second . A roll call vote was taken . Selectperson Hoffmann -yes, Selectperson Whitney-yes,
Selectperson Chatelain -yes, Selectperson Chaffee-yes, Chair Bingham -yes . The vote was 5 -Yes, 0- No .
Vote to Close Town Meeting Warrant
Selectperson Chatelain moved to close the Annual Town Meeting Warrant , Selectperson Hoffmann second . A
roll call vote was taken . Selectperson Chaffee-yes, Selectperson Whitney-yes, Selectperson Hoffmann -yes,
Selectperson Chatelain -yes, Chair Bingham -yes . The vote was 5 -Yes, 0 - No .
Vote to sign Town Election and Town Meeting Warrants
Selectperson Chatelain moved to sign the Town Election and Town Meeting Warrants for Spring 2022 .
Selectperson Chaffee second . A roll call vote was taken . Selectperson Whitney-yes, Selectperson Chaffee -
yes, Selectperson Chatelain -yes, Selectperson Hoffmann -yes, Chair Bingham -yes . The vote was 5 -Yes, 0 - No .
Update on Short-term Public Access to Sea Camps Bay Beach (Select Board FY22 -23 Strategic Plan Goal SC-
4 )
Mr . Lombardi provided the following for updates :
• The Conservation Commission has approved the Town ' s request for determination of applicability,
the RDA, to take down three structures that are adjacent to the coastal dune . This will be to provide
new access to the tennis court area for parking purposes .
• The appeal period is ongoing, once closed , we have a contractor lined up to remove the structures .
• The Town recently submitted an application for a notice of intent to the Conservation Commission to
use the existing impervious area on the tennis courts for resident parking . A copy of the application
materials is in the packet .
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• Assuming the permitting process is approved , we are looking to start work on site by the end of the
first week or beginning of second week of May . This follows our timeline in opening the Bay Beach by
July 1, 2022 .
• The beach naming contest that was recently announced and is available on the website, we have
already had over 175 entries as of Friday . The contest runs through April 15th . At the meeting on
May 9th, there will be 3 - 5 potential names for the Select Board to decide on .
For Your Information ,
Ms . Kalinick announced that the Housing Production Plan Updated Needs Survey, has received about 800
responses, the survey will be extended until April 8th . There will be a virtual Community forum on April 28th
at 6pm .
Matters Not Reasonably Anticipated by the Chair :
Chair Bingham appoints Selectperson Chatelain to be a liaison on the Cape Cod Islands Water Improvement
Plan Board .
Questions from the Media :
None
Next Meetings :
April 25 , May 9 , May 14, May 23 , and May 25 , 2022 . There is an executive session meeting on April 5 , 2022 .
Adjournment
Selectperson Chatelain moved to adjourn at 7 : 34pm . Selectperson Whitney second . A roll call vote was
taken . Selectperson Chaffee -yes, Selectperson Whitney- 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
Approved :
05 / 10 / 2022 signed : lQ-!
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Date Selectperson Chatelain , Clerk of the Select Board
Accompanying Documents in Packet : Agenda, TA Report, Consent Agenda, Public Hearing Packet, Tenant Representative Application ,
Non - Binding Public Advisory Question , 2022 proposed razor clam regulations, :Affordable Housing Trust on Millstone Road, Regulatory
Agreement with Elevation Financial, Town Charter Special Act Changes, Draft of 2022 Town Meeting Warrant, Town Election Warrants,
Short-term Public access to Sea Camps Bay Parcel, FYls ,
Select Board 04 . 04 . 2022 www , brewster- ma . gov Page 8 of 8
HELL SIGH _ Audit Trail
TITLE Approved Meeting Minutes - April 4 , 2022
FILE NAME BOS O4 . 04 . 22 . doc
DOCUMENT ID 78fc1633f9915de4aed23742253273585f9d76a5
AUDIT TRAIL DATE FORMAT MM / DD / YYYY
STATUS Signed
Document History
® 05 / 10 / 2022 Sent for signature to Ned Chatelain
SENT 12 : 59 : 53 UTC ( nchatelain@brewster-ma . gov) from emawn@brewster- ma . gov
IP : 131 . 109 . 131 . 20
�0 05 / 10 / 2022 Viewed by Ned Chatelain (nchatelain@brewster- ma . gov)
VIEWED 15 : 14 : 08 UTC IP : 73 . 167 . 45 . 86
05 / 10 / 2022 Signed by Ned Chatelain ( nchatelain@brewster-ma . gov)
SIGNED 15 : 14 : 20 UTC IP : 73 . 167 . 45 . 86
G✓ 05 / 10 / 2022 The document has been completed .
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