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HomeMy Public PortalAboutSelect Board -- 2022-07-25 MinutesMINUTES OF THE SELECT BOARD MEETING DATE: July 25, 2022 TIME: 5:45 PM PLACE: Remote Participation 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator REGULAR SESSION REMOTE PARTICIPANTS: Chair Whitney, Vice Chair Chatelain, Selectperson Chaffee, Selectperson Hoffmann, Selectperson Bingham, Town Administrator Peter Lombardi, Assistant Town Administrator Donna Kalinick, Joan Pernice, Kim Pearson Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Whitney called the meeting to order at 5:45pm and declared a quorum with all five Select Board members present. Chair Whitney read the meeting participation and recording statements. Executive Session To discuss strategy with respect to litigation as an Open Meeting will have a detrimental effect on the litigating position of the -Town (Brewster vs. Eversource) Selectperson Hoffmann moved to enter executive session and to return to open session at approximately 6:OOpm. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Chatelain- yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. Public Announcements and Comments None Select Board Announcements and Liaison Reports Selectperson Hoffmann reviewed the announcement that was posted on the Town website regarding the public comment period for the draft of the 2022 Brewster Local Comprehensive Plan, public comments are welcome through August 12, 2022. More information is available on the Town website. Selectperson Hoffmann congratulated both the Recreation Commission and Council on Aging for a fantastic movie night on the lawn at the Bay Property on Friday night, she also thanked the CERT team for their help. Town Administrator's Report Mr. Lombardi noted that covid positive cases in Brewster have been fluctuating between 10-20 new positive cases per week, this is consistent with what we are seeing regionally and nationally. Since the last Select Board meeting, new legislation has been passed extending the expanded Open Meeting Law provisions that have been in place for the past few years, until next March. Boards and committees will be using the same approach we have been over the past few months and public participation will continue to be remote through the end of August. The Select Board has approved a new revised remote participation policy, which we expect to implement in September. Board and committee chairs have been asked to provide feedback on the policy. One caveat is that there are now memorialized early voting requirements that we have to offer our residents. The logistics are being worked out internally. Select Board 07.25.2022 www.brewster-ma.gov Page 1 of 6 E• VV O o 9F+t Q � A im FOORPOAO"� 'Down of Brewster 2198 Main Street a/ Brewster, MA 02631-1898 v,\ Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator Lastly, to Lombardi noted the drought conditions on the 140 and the outdoor watering restrictions that have been implemented by the Water Commission. The State last week officially declared drought conditions for the Cape. Consent Agenda a. Meeting Minutes: July 11, 2022 b. Appointments: Zoning Board of Appeals- Patricia Metz, Crosby Property Committee- Mark Flaherty; Election Workers; Police Officer and Keeper of the Lockup- Jeffrey R. Sabatino c. Transfer of Vehicle from Water Department of Public Works d. Request for Letter of Support: Brewster Historical Society e. Facilities Use Requests: Drummer Boy Park and Mants Landing f. Annual Hawker & Peddler Application: Renewal by Anderson g. One Day Liquor License Applications: Chatham Bars Inn Farm (6), Cape Rep Theatre, and Brewster Conservation Trust h. One Day Entertainment License Applications: Chatham Bars Inn Fam & Serenity Apartments at Brewster Selectperson Hoffmann moved to approve the Consent Agenda for July 25, 2022. Selectperson Chaffee second. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Chaffee- yes, Selectperson Chatelain-yes, Selectperson Hoffmann -yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. Update on Potential Library Renovation Project -Joan Pernice, Brewster Ladies Library Association President Ms. Pernice provided an update on the library's renovation plans; a PowerPoint has been included in the public packet. The highlights include: • Brewster Ladies' Library was founded in 1852, and the original building constructed in 1868. The last renovation was done in 1995. • Designated historic building in which many historic features and artifacts are preserved. • Libraries provide free access to a wealth of knowledge and provides for creativity through children's programs, enhancing literary and social skills. • Core outcomes and purposes of the renovation is using 5,000 sq ft of space that comprises the lower level and basement and renovating into high quality useable space. Converting this space to be the new main entrance, improving handicap accessibility and improves and enlarges the children's space, including an enclosed outdoor space. The adult circulation of books would improve, doubling the space and replace the aging shelving with new mobile shelving. • HVAC system and elevator would be replaced and new hardware to enhance the IT infrastructure. The building is at its capacity for IT technology. • The result would be a building plan designed to enhance the library's ability to operate efficiently and better serve the evolving needs of the community. • Project history: started in July 2017 when the library was awarded a grant, #23 out of #24 on the Select Board 07.25.2022 www.brewster-ma.gov Page 2 of 6 e�'„ Brewster Office of: tr/rElDen Town n ® B e W sten Select Board e `Op 2198 Main Street Town Administrator 3 p a = Brewster, MA 026314898 o �' = Phone: (508) 896-3701 Fax; (508) 896-8089 flPeOR State list. In June 2022, Brewster is #6 on the grant waitlist. The State award is anticipated in July 2023 or July 2024, all local funding must be fully secured within 6 months of award. • Project costs: total cost estimate is $10,247,956. Grant awarded in July 2017 $4,655,737; the grant will not cover cost escalations over intervening 8 years. Updated total project cost estimate is $16, 411,387 (projected to FY25). Mr. Lombardi provided additional information on the project costs estimates. The estimate includes all construction administration costs, and is meant to reflect all project costs, at least conceptually, except for the remaining design work that needs to be completed. In speaking with our project liaison, the award of $4.61VI is not increasing. The State requires a quick turn around in securing all local match funding, once we are formally notified, the plan is to go to Town Meeting and request funding for the remaining design and permitting that has to be done to move forward. The updated funding plan includes. Design • $300K Free Cash • $300K CPC Construction • $4.6M MBLC grant • $1M Capital Stabilization • $1.5M CPA • $2M Brewster Ladies Library Association • $7.3M Debt $16.4M Estimated Total (detailed update underway) Ms. Pernice added that the Association Board of Directors also committed $5001<from investment accounts, the $2M is the goal for fundraising efforts. Mr. Lombardi reviewed a funding timeline that is based on when we will be notified of the state grant, which we assume can be as earlier as January. With this in mind, the recommendation is to apply for CPC funds for design in December 2022. At Town Meeting in May 2023, include an appropriation from free cash for the other half of design costs. Depending on the outcome of the Town Meeting votes, presumably move forward in seeking resident support of the balance of the funding, which will require Town Meeting vote and a debt exclusion ballot question next Fall. Selectperson Chaffee commented that the Brewster Ladies Library is a treasure in the community, the latest numbers are sobering, requested to look at fine tuning the costs. If there are any ways to plan some aspects more conservatively, Selectperson Chaffee believes there will ultimately be stronger support in the community knowing that only the essential parts of the construction project are being proposed. Select Board 07.25.2022 www.brewster-ma.gov Page 3 of 6 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 office of: - Select Board Town Administrator Selectperau" Hoffmann shared the statistic that libraries attendance across the country has declined by 21% from 2009-2019, but the borrowing of online materials has increased by 55% during the same time. Adding that the use of the library has changed, and the wave of the future is looking at it as a community hub. Suggested to think about open floor plans as technology changes. Selectperson Hoffmann asked about community outreach and what has been done to include the community in the plans? Ms. Pernice noted that the formal outreach was completed in 2015-2016 and over the past 6 months there has been discussions about seeking a consultant to create new outreach and collecting data. Ms. Pernice added that the Library Board is sensitive to the fact that they need as much community input as possible. Discuss Natural Resources Advisory Commission's Feedback on 2021 Sheep Pond Water Quality Reporting —Kim Pearson, Natural Resources Advisory Committee Chair In the 2021 State of the Waters Report, Sheep Pond was designated as having unacceptable water quality, based on data collected in 2020 as part of the Association to Preserve Cape Cod (APCC) cyanobacteria monitoring program. The Department of Natural Resources was contacted by concerned residents and the Natural Resources Advisory Committee (NRAC) was tasked with reviewing the designation. The findings are summarized in the memorandum included in the packet. Selectperson Chaffee commented that in the memo, Sheep Pond received this designation based on one datapoint and asked Dr. Pearson to explain the process of data collection. Dr. Pearson responded that in reviewing the designation they learned that there are two types of samples that are taken at each sampling event. The advantage of this methodology is that it allows a picture of what is going on at the moment and what might happen in the coming weeks if environmental conditions do not change. The unacceptable designation was based on a single sample, in one concentrated sample, an important consideration. Sheep Pond has historically had very good water quality for contact recreation. When something deviates, can look at it as a warning or it can be an outlier. The NRAC believes that this single sample taken in September 2020 is an outlier, the reasons being, no other elevation of other types has occurred. There was a sample taken by P.A.L.S. (Cape Cod Pond and Lake Stewardship) in September of the same year that did not produce any concerns. The NRAC consulted with pond scientists at the University of New Hampshire who developed the cyanobacteria methodology, in their estimation they didn't see any concerns in the data. Selectperson Hoffmann asked how this impacts things today and the accuracy of data. Dr. Pearson responded that we continue to complete two types of testing on a bi-annual basis, so far Sheep Pond has not shown up as any areas of concerns. The APCC is continuing to test Sheep Pond and in 2022 we have not had any events of concern. Mr. Lombardi remarked that one project in the Capital Plan for this Fiscal Year is to complete an update to the town wide ponds data and analysis, in the amount of $50K and anticipate bringing this forward at Special Town Meeting in the fall. It has been 10+ years since we have taken a comprehensive look at pond water quality. Select Board 07.25.2022 www.brewster-ma.gov Page 4 of 6 rown of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator Selectperson Chaffee moved that the Chair of the NRAC draft a letter for the Select Board Chair to send to the APPC communicating our concern with the labeling of what appears to be the outlier and ask that they carefully consider the analysis and labeling of Brewster ponds in the future. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Chaffee- yes, Selectperson Hoffmann -yes, Selectperson Chatelain-yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. Update on Barnstable County Assembly of Delegates- Mary Chaffee Dr. Chaffee in her role as the Deputy Speaker and Brewster's Delegate to the Barnstable County Assembly of Delegates, noted that the purpose of Barnstable County Government is to enhance the quality of life for county residents and to address regional issues. Deputy Speaker Chaffee provided the following updates, more details are included in the public packet: 1. FY23 County Operating Budget 2. ARPA 3. Cape Cod Municipal Police Academy 4. Freshwater Pond Quality 5. New County Website (Capecod.gov) 6. Assembly Meetings (1St & 3rd Wednesdays of each month at 4pm) Discuss and Vote on Proposed Personnel Bvlaw Chane: Amended Limitations on Comp Time for Certain Seasonal Positions Mr. Lombardi noted that in the latest round of negotiations with personnel bylaw employees, changes were made in limiting compensatory time accrual and setting a uniform cap across the board of 3 days. This change took place over the winter months, realizing now that there are a couple of positions that by nature are more seasonal and have more variation in workload and hours. Requesting the Boards approval to modify two sections of the personnel bylaw agreement to increase the maximum amount of compensation time for those seasonal positions (Crosby property manager and two assistant operations managers at the Captains Golf course) up to 15 days. In reviewing past several years at how many days/hours are needed to :over the season, this reflects a fair amount of time to accommodate what is needed in these roles. Selectperson Hoffmann moved to approve the modification to sections 3.4-2 and 3.4-3 of the personnel Bylaw agreements to increase the maximum amount of compensatory time to 15 days for the following positions, Crosby Property Manager, Assistant Golf Operations/Pro Shop Manager and Assistant Operation Manager/Head Golf Professional. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Chatelain- yes, Selectperson Chaffee -yes, Selectperson Bingham -yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. For Your Information: Mr. Lombardi noted that since Brewster opened the flats to commercial razor clamming in 2018, we have been closely monitoring our approach to the program. Every year, adjustments are made through Natural Resources communication and review with harvesters to update the regulations. At this point, based on Select Board 07.25.2022 www.brewster-ma.gov Page 5 of 6 W S j Op/ �( f ''4 ll Em Tower. o rewster Office of: 2198 Main Street Select Board' Town Administrator Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 experience, we will be closing the eastern end of Brewster to commercial harvest of razor clams for the remainder of 2022. The Natural Resources Department will be contacting people directly. Matters Not Reasonably Anticipated by the Chair: None Questions from the Media: None Next Meetings: July 27, August 8, and August 22, 2022 Adjournment Selectperson Hoffmann moved to adjourn at 7:14pm. Selectperson Chaffee second. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Chaffee- yes, Selectperson Hoffmann -yes, Selectperson Chatelain-yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. Respectfully submitted by Erika Mawn, Executive Assistant Approved: 08 / 09 / 2022 Signed: Date Selectperson Hoffmann, Clerk of the Select Board Accompanying Documents in Packet: Agenda, TA report, Consent Agenda Items, Potential library Renovation Project documents, 2021 Sheep Pond Water Quality Reporting, Barnstable County Assembly of Delegates Update, Proposed Personnel Bylaw Changes, FYIs. Select Board 07.25.2022 www.brewster-ma.gov Page 6 of 6 ELLSICN Audit Trail TITLE FILE NAME DOCUMENT ID AUDIT TRAIL DATE FORMAT STATUS Approved Meeting Minutes -7/25/22 SB 7.25.22.doc 6a bb477a636Od66aOc699601046dfOdbfbdO7d90 M M / DD / YYYY Signed Document History ®'J 08/09/2022 Sent for signature to Kari Hoffmann SENT 15:00:02 UTC (khoffmann@brewster-ma.gov) from emawn@brewster-ma.gov IP: 131.109.131.20 Qo 08 1 09 / 2022 VIEWED 18:01:19 UTC 08/09/2022 SIGNED 18:02:20 UTC G COMPLETED 08 / 09 / 2022 18:02:20 UTC Powered by ®HELLOSIGN Viewed by Kari Hoffmann (khoffmann@brewster-ma.gov) I P: 76.19.240.160 Signed by Kari Hoffmann (khoffmann@brewster-ma.gov) I P: 76.19.240.160 The document has been completed.