HomeMy Public PortalAboutSelect Board -- 2022-09-12 MinutesTown of Brewster
MINUTES OF THE SELECT BOARD MEETING
DATE. September 12, 2022
TIME: 6:00 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
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REMOTE PARTICIPANTS: Chair Whitney, Selectperson Hoffmann, Selectperson Bingham, Selectperson
Chaffee, Town Administrator Peter Lombardi, Assistant Town Administrator Donna Kalinick, James Gallaher,
Alisa Magnotta, Don Keeran, Susan Broderick
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Whitney called the meeting to order at 6:OOpm, read the meeting participation and recording
statement and declared a quorum with all members of the Select Board present.
Public Announcements and Comments:
None
Select Board Announcements and Liaison Reports:
Chair Whitney read the National Suicide Month Proclamation, Selectperson Hoffmann mentioned the 9/11
memorial service that both she and Selectperson Bingham attended, a beautiful tribute that was well
organized. Selectperson Chatelain announced openings on the Zoning Board of Appeals, anyone interested
should contact to him or Jon Idman the Town Planner.
Town Administrator's Report
Mr. Lombardi provided the following updates:
• Covid Pandemic:
o Updated boosters are now available to residents age 12+years who have been vaccinated or
have been boosted more than two months ago.
o Brewster local data, continue to see around 10 new positive case per week, our concern is the
reliability of the data since so many home tests available. There will be an internal discussion
with the Health Director about the continuing of sharing the local data.
• Drought
o State Department of Energy and Environment Affairs moved Barnstable County to their critical
drought status.
o The Brewster Water Commissioners voted to further restrict outdoor watering restrictions.
Effective on September 6th, residents can only hand water from 4am — 8am and 5pm -9pm.
Use of irrigation systems or sprinklers are prohibited. Brewster is taking a coordinated
approach with surrounding Towns that share our regional water supply, the Monomoy lens.
o DCR put a prohibition in place on fires at Nickerson State Park.
• Free Cash
o Certified by Department of Revenue at a little over $4.6M, another record high.
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o Thanked the entire Finance team for their great work and Department Heads for managing
their budgets, a 2% total turnback on expenditures.
o Some of the major drives include all time high on local receipt revenues from traditional and
short-term lodging, combined for over $1.2M. Deferred payments from lodging tax were
unknown going into the last budget year, there was a significant bump last fall when they
came due. Across the board, meals tax, excise tax and license/permit fees were all up above
their historical benchmarks.
• Fire Department Academy
o Brewster Fire Department is hosting a citizen's fire academy, a 7 -week program starting on
October 17th, see website for more details.
• Wing Island Boardwalk
o Town hosted a well -attended public forum on August 16th to provide background information
and to share out early conceptual design.
o There was a public comment period that closed just before Labor Day weekend, heard from
over 150 residents. A project page on the website with a FAQ section.
o At the meeting on the 26th, the design team will present on the conceptual design and to
review the resident input. This is intended as a work session for the Board to provide feedback
on the early design elements and talk about policy options and potential next steps.
o Clarified that there is no Town Meeting article planned for this project for Town Special Town
Meeting as we are very early on in the planning process
• State Primary
o Thank you to the Clerk's office, Town staff, and election workers for all their help on the state
primary last Tuesday.
o Selectperson Chaffee recognized Town Clerk, Colette Williams, who assisted the Town of
Barnstable with their election.
ConsentA�enda
aQ Meeting Minutes: August 22, 2022
b. Appointment: Tyler Dow- Police Officer and Keeper of the Lockups Jill Beardsley -Council on Aging
Board
c. One Day Liquor License Application: Eldredge Farm
d. One Day Entertainment License: Mark Kielpinski
e. Facility Use Application: Drummer Boy Park, By the Bay Shows
f. Vote on T -Mobile's Continued Use of Space on the Water Tank on Yankee Drive
g. Vote on Eversource Easement and Subordination Agreement: Brewster Woods
Selectperson Hoffmann moved to approve the Consent Agenda as written in the packet. Selectperson
Bingham second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Bingham -yes,
Selectperson Chaffee -yes, Selectperson Hoffmann -yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No.
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own of Brewstere ,
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Office of:
Select Board
Town Administrator
6:150m Public Hearine: Fiscal Year 2023 Tax Rate Classcation Hearing, Discussion, and Vote- Deputy
Assessor James Gallaher
Selectperson Hoffmann moved to open the public hearing on the tax rate classification hearing. Selectperson
Chatelain second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham -yes,
Selectperson Chaffee -yes, Selectperson Chatelain-yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No.
Mr. Gallagher shared a PowerPoint presentation which included the following:
• Four options that would reallocate the top tax obligation among the five classes of property
(residential, open space, commercial, industrial and personal property).
• FY2023 Maximum allowable levy: $40,937,327, an increase of around $3M over the FY22 maximum
allowable levy. About $1.3M of the increase is debt from the Sea Camps Bay purchase.
• FY2023 Assessed Values, Total is just over $5.813 the breakdown by class is:
o Residential = $5.58, a 20% overall increase in value. Increase in value is mostly due to the
strong real estate market. Reviewed all property sales that occurred in the previous calendar
year (2021).
o Commercial= $160,902,004, almost a 4% increase in value.
o Industrial=$22,136,100, about a 62% increase in value. Increase is due to the solar projects at
Captains Golf Course and private projects as well as a change in the laws that previous tax-
exempt projects are now on the tax rolls.
o Personal Property= $114,159,630, just over a 16% increase in value.
• FY2023 Estimated Tax Rate, based on estimated level and actual values
o Residential class makes up 95% of the levy, Commercial about 3%, Industrial less than 1%, and
Personal Property about 2%.
o The single tax rate would be $6.99 per thousand, a decrease of $0.86 per thousand from FY22.
• FY2023 Tax Rate impact on median single family home tax bill.
o Medium Single Family Home Value: $636,700 (an increase of 19.7%).
o Estimated Tax Rate: $6.99 (decrease of 11%).
o Estimated Median Single Family Tax Bill: $4,450.63 (increase of 6.6% or $274.33).
• Tax Levy Shifting Options, The Board of Assessor's recommendation is to maintain a single tax rate
amongst the property classes and not to adopt any of the discounts and exemptions.
o Split Tax Rate- allows for a shift of the tax burden from the residential class of property to the
commercial, industrial and personal property classes (CIP). This would have a much greater
effect on commercial property than it would on residential property, since the percentage of
value on commercial property is so small. The Board of Assessors recommends a residential
factor of 1, no shift.
o Open Space Discount- may reduce the amount of the tax levy paid by the open space class to
no less than 75% of its full and fair cash share of the levy. Brewster does not currently classify
any properties in the open space class; thus, this would not apply for the Town of Brewster.
o Residential Exemption- allows for the shift of a portion of the residential tax burden from
primary residences to second homeowners and primary residences with higher property
values. This would actually increase the residential tax rate, the split in resident vs.
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Office of:
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Town Administrator
nonresident properties in Brewster is currently at 52% resident and 48% nonresident. The
Board of Assessors recommends not to grant a residential exemption. Mr. Gallagher provided
details on the residential exemption calculation to support the Board's recommendation.
o Small Commercial Exemption- creates a shift that reduces taxes paid by owners of properties
occupied by small businesses and shifts them to larger commercial and industrial taxpayers.
Adopting a small commercial exemption increases the commercial and industrial tax rates.
Selectperson Hoffmann moved 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
Chaffee second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham -yes,
Selectperson Chatelain-yes, Selectperson Chaffee -yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No.
Selectperson Hoffmann moved to close the public hearing. Selectperson Bingham second. A roll call vote was
taken. Selectperson Chaffee -yes, Selectperson Chatelain-yes, Selectperson Bingham -yes, Selectperson
Hoffmann -yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No.
Presentation on HAC-APCC Grow Smart Cape Cod Mapping Project and Discussion of Brewster Findings-
Alisa Magnotta, Housing Assistance Corporation, and Don Keeran, Association to Preserve Cape Cod
Ms. Magnotta acknowledged the Town for being leaders in the region on adding affordable housing
inventory. She then reviewed the PowerPoint from the packet, information included:
• The process that HAC and APCC used to collaborate efforts in creating Grow Smart Cape Cod.
• Reviewed the criteria used to determine the environmental protection areas.
• Housing criteria used was wastewater infrastructure, existing activity/ development patterns, and
future development potential.
• Priority areas for affordable year-round housing was separated into three categories, moderate
priority, high priority and potential for housing if municipal sewer is constructed.
• High level recommendations include.
o Changing zoning in the areas where you can allow density that makes sense with the
environmental concerns and development patterns.
o Utilizing and leveraging resources to acquire land to use for housing.
o Utilize funding and resources for sewer planning.
Mr. Keernan added that in deciding the layers for natural resources they used the Cape Cod Commission's
Regional Policy Plan and adopted the criteria that went into that definition of what a natural area is. The
advisory committee utilized the expertise of Brewster's former planner Ryan Bennet and Hal Minis.
Throughout the process the advisory committee met with several other staff members in town.
The interactive map can be found at grows
martcapecod.org, one of the goals of the map, from a regional
perspective is to get everyone on the same page, to look at individual towns in a holistic manner to reduce
the competitive nature between the natural resources, the conservation community and the housing
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Town of Brewster
2198 Main Street
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Fax: (508) 896-8089
Office of:
Select Board
Town Administrator
community and look at it in a cooperative manner to see where it is most appropriate to concentrate limited
funds on open space and natural resource protection and housing investments.
The Select Board made comments and asked questions about the presentation regarding municipal sewer.
Ms. Kalinick noted that areas that are noted as high priority in Brewster, are along 6A which happens to be
the most expensive areas, this is not accounted for in the mapping, but something that needs to be
considered.
Review and Vote on Voluntary Recognition Agreement with Brewster Public Safety Dispatchers
Association, MassCOP
Mr. Lombardi reviewed that in July MassCOP contacted the Town with their intent to form a new union for
public safety dispatchers at the Police department. The Town followed the formal process, the Board
approved notice of voluntary recognition last month. Notice was posted for a 20 -day period, and the
comment period ended at the end of August. The police dispatchers are looking to enter into a voluntary
recognition agreement with the Town. This currently impacts four Town employees, and the Town will
negotiate a new contract with this bargaining unit.
Selectperson Hoffmann moved to approve the voluntary recognition agreement with Brewster public safety
dispatchers' association, MassCOP. Selectperson Bingham second. A roll call vote was taken. Selectperson
Chaffee -yes, Selectperson Chatelain-yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Chair
Whitney -yes. The Board vote was 5 -Yes, 0 -No.
Vote to Open Fall 2022 Special Town Meeting Warrant &Review Draft Articles
Selectperson Hoffmann moved to open the Fall 2022 Special Town Meeting warrant. Selectperson Bingham
second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Chaffee -yes, Selectperson
Bingham -yes, Selectperson Hoffmann -yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No.
Mr. Lombardi reviewed and summarized the sixteen draft articles, in no particular order:
1. Outstanding Obligations (unpaid bills)
2. Standard Community Preservation Act article
a. Only one pending application, Brewster Historical Society
3. Conservation Restriction Acquisition- 0 Holly Ave Rear (Huckleberry Hill / Burke Property)
a. Looking partnering with Brewster Conservation Trust on the 5 acres.
b. There is a pending State land grant application for $130,000 of the $250,000 costs.
4. Town Code Amendment to Community Preservation Committee bylaw
a. Article that was proposed at Annual Town Meeting, seeking to amend the current CPC bylaw
to adopt the statutory CPC allocation formula.
5. Capital and Special Project Expenditures
a. Currently working on expected list of capital project requests (to be discussed on Oct 3ra)
6. Town Code Amendment to Limits of Debate
a. From currently 3 minutes to 1.5 minutes
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7. Town Code Amendment to Quorum Requirement(s)
8. New General Bylaw regarding Reconsideration
9. Town Code Amendment to Citizens Petitions Deadline for Special Town Meeting
a. There is a specific deadline for citizen petitions to be submitted for inclusion on Annual Town
Meeting warrant, but not the Special Town Meeting warrant, want to impose the same 45-
day deadline for the Special Town Meeting.
10, Local Comprehensive Plan
11, Millstone Road Temporary Easements
a. Necessary for the Millstone Road improvement project, currently working through the re-
design process. Permanent easements will not be required on private property.
12. Vesper Pond Drive Betterments
13. Ridgewood Drive Betterments
14. Creation of Sea Camps Pool Revolving Fund, including initial appropriation
a. Looking into the possibility of opening the pool to residents for next summer.
15. Collective Bargaining Agreement- New Police Dispatchers Union
16. Appropriations from Overlay to Fund Assessing Software ($151000-$201000)
The Board voted last month to set the deadline for citizens petitions as September 28th. The warrant is
expected to be closed and go to print on October 17tH
Residents Hal Minis and Pat Hughes of Tubman Road expressed their concern for the CPA bylaw amendment
article and the form in which it is currently drafted. There is no objection to the revisions proposed, or the
specific allocation guidelines, as they believe it is appropriate to change the allocation formula and the
represent our communities' priorities. The concern is that the proposed article does not contain language
on the allocation process, they believe the voters should be able to make the decision about how the funds
are allocated.
Discuss Town Administrator Performance Evaluation Results and Vote on FY23 Merit Increase
Susan Broderick joined the meeting and provided background information on the evaluation process. The
evaluation form includes eight categories of evaluation criteria. Each category contains statements to
describe a behavior standard. Each category is rated on a scale from 1-5 (1=unsatisfactory, 2= needs
improvement, 3= satisfactory, 4= above
average, 5= outstanding). For the Town Administrator, each Select
Board member was asked to complete the form for this past fiscal year July 1, 2021- June 30, 2022. Each
member met with the Town Administrator to review and discuss individual evaluations. Human Resources
then compiled the results into one review, the ratings are the average score for each category and all
comments are included. Mrs. Broderick asked the Board to use the aggregate review to determine the merit
increase for the Town Administrator. Adding that the merit increase will be retro to July 1, 2022. Mrs.
Broderick advised that a 2% increase was used during the budget process and is what other contracted
employees received for a merit review.
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Phone: (508) 896-3701
Fax: (508) 896-8089
- - Office of:
Select Board
Town Administrator
Selectperson Chaffee commented what an exceptional Town Administrator the Town has in Mr. Lombardi
and this was a good experience to pause and look at his performance. Selectperson Chaffee expressed that
the community benefits from the Town Administrator's leadership. The one challenge was to identify
weaknesses, one thing that was agreed on was for the Town Administrator to make time for hiSO H
professional growth and education. Selectperson Chaffee stated that the Town is fortunate to have
leadership like we do and supports a 2% merit increase.
Selectperson Hoffmann moved to approve a 2% merit increase for the Town Administrator. Selectperson
Bingham second. A roll call vote was taken. Selectperson Hoffmann -yes, Selectperson Bingham -yes,
Selectperson Chatelain-yes, Selectperson Chaffee -yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No.
Identify Consensus Priority FY23 Goals for Town Administrator
Susan Broderick noted as part of the review process each Select Board member was asked to identify three
goals for the Town Administrator for this fiscal year. Human Resources compiled the results into nine
categories, the Select Board then discussed and agreed on the following five goals for the Town
Administrator.
1. Cape Cod Sea Camps -guide and supervise the Bay property planning committee and the Pond
Property Planning Committee activities including interim public use and access for both properties
throughout fiscal year 2023.
2. Water Quality Goals — convene a water quality planning task force and develop plan and timeline for
advancing integrated water quality initiatives, including adapting to DEP's proposed changes to Title V
regulations.
3. Housing Goal- begin implementing priority strategies of the updated Housing Production Plan.
4. Parks & Recreation Department Category— evaluate need for and structure of a new Parks &
Recreation Department to manage Drummer Boy Park, the former Sea Camps, the Dog Park, and
current recreation programs including long range planning for new multigenerational programs.
5. Oversee the implementation of the new Town website by November 1, 2022 and identify
enhancements to current communication model. (Timeline will be determined).
Discuss and Vote on Schedule to Implement New Remote Participation Policy for Town Committees
In June the Board voted to adopt an updated remote participation policy, this was to take affect when the
expanded open meeting law provisions ended. All boards and committees have the option to meet in
person, hybrid format or virtual, public participation is not allowed at this time. There is an option to have
public forums with an in-person component.
Selectperson Chaffee moved to defer identification of the implementation date of the remote participation
policy until a future meeting. Selectperson Bingham 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, 0-1\10.
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Doc ID:9fcd31cd69d1eceae456da1726a564fcdd4d8701
Office Of:. ...
'Town O Brewster.
°4Qo Select Board
2198 Main Street Town Administrator
Brewster, MA 02631-1898
° _ �\ Phone: (508) 896-3701
Fax: (508) 896-8089
too
For Your Information:
None
Matters Not Reasonably Anticipated by the Chair:
None
Questions from the Media:
None
Next Meetings:.
September 26, October 3, October 17, November 7, and November 14, 2022
Adjournment
Selectperson Hoffmann moved to adjourn at 8:07. Selectperson Bingham second. A roll call vote was taken.
Selectperson Chaffee -yes, Selectperson Chatelain-yes, Selectperson Bingham -yes, Selectperson Hoffmann -
yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No.
Respectfully submitted by Erika Mawn, Executive Assistant
Approved: 09 / 27 / 2022
Date
Signed:
Selectperson Hoffmann, Clerk of the Select Board
Accompanying Documents in Packet: Agenda, Proclamation, TA Report documents, Consent agenda items, FY23 Tax Rate Hearing, HAC-
APCC Presentation, Voluntary Recognition Agreement, Fall 2023 Warrant Information, Town Administrator Performance Evaluation
Results, Consensus priority FY23 Goals for Town Administrator, New Remote Participation Policy information, FYIs.
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Doc ID:9fcd31cd69d1eceae456da1726a564fcdd4d8701
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September 12, 2022 Meeting Minutes
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