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HomeMy Public PortalAbout10.12.22 FinCom PacketTown of Brewster Finance Committee 2198 Main St., Brewster, MA 02631 fincommeeting@brewster-ma.gov (508) 896-3701 MEETING AGENDA Brewster Town Hall 2198 Main Street October 12, 2022 at 6:00 PM Pursuant to Chapter 107 of the Acts of 2022, this meeting will be conducted in person and via remote means, in accordance with applicable law. This means that members of the public body may access this meeting in person, or via virtual means. In person attendance will be at the meeting location listed above, and it is possible that any or all members of the public body may attend remotely. No in-person attendance of members of the public will be permitted, and public participation in any public hearing conducted during this meeting shall be by remote means only. Members of the public who wish to access the meeting may do so in the following manner: Phone: Call (929) 436-2866 or (301) 715-8592. Webinar ID: 862 2956 9696 Passcode: 565167 To request to speak: Press *9 and wait to be recognized. Zoom Webinar: https://us02web.zoom.us/j/86229569696?pwd=MUhJNGpoU3VocTZ0cTU0VGpYcWdVQT09 Passcode: 565167 To request to speak: Tap Zoom “Raise Hand”, then wait to be recognized. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov), or Video recording (tv.brewster-ma.gov). Finance Committee Harvey (Pete) Dahl Chair Frank Bridges Vice Chair William Meehan Clerk Andrew Evans William Henchy Alex Hopper Honey Pivirotto Robert Tobias Robert Young Town Administrator Peter Lombardi Finance Director Mimi Bernardo 1.Call to Order 2.Declaration of a Quorum 3.Meeting Participation Statement 4.Recording Statement 5.Public Announcements and Comment: Members of the public may address the Finance Committee on matters not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting Law, the Finance Committee is unable to reply but may add items presented to a future agenda. 6.Town Administrator/Finance Director Report 7.Discussion and Vote on Town Meeting Warrant Articles Article 11 (Millstone Road Temp Easements) – P. Lombardi Article 13 & 14 (Bay Property Pool) – P. Lombardi Article 3 (CPC) – Faythe Ellis Article 4 (Holly Ave Conservation Restriction) – Elizabeth Taylor Article 5 (CPC bylaw) – Faythe Ellis. Art. 9 – Town Meeting Warrant deadline – re-vote if necessary Art 10 – Local Comprehensive Plan 8.Liaison Reports and Assignments 9.Approval of Minutes 10.Request for agenda items for future meetings 11.Matters Not Reasonably Anticipated by the Chair 12.Next Finance Committee Meeting 13.Adjournment Date Posted:Date Revised:Received by Town Clerk: 10/3/22 Town of Brewster SPECIAL TOWN MEETING WARRANT for NOVEMBER 14, 2022 at 6:00 PM STONY BROOK ELEMENTARY SCHOOL 384 UNDERPASS ROAD Please bring this copy of the warrant to Town Meeting Large print copies of the warrant are available at the Brewster Town Offices *DRAFT 10.07.22* TOWN OF BREWSTER SPECIAL TOWN MEETING WARRANT NOVEMBER 14, 2022 TABLE OF CONTENTS A INDEX B INFORMATION C 2022 SPECIAL TOWN MEETING WARRANT ARTICLES ARTICLE DESCRIPTION SPONSOR PAGE 1 Outstanding Obligations Select Board 2 Capital and Special Projects Expenditures Select Board 3 Community Preservation Act Funding Select Board 4 Conservation Restriction: 0 Holly Ave (Rear) Community Preservation Committee 5 Town Code Amendment to Community Preservation Act Bylaw (§ 17) Community Preservation Committee 6 Town Bylaw Amendment: Limits of Debate Select Board 7 Town Bylaw Amendment: Quorum Requirement Select Board 8 New Town Bylaw: Reconsideration Select Board 9 Town Bylaw Amendment: Special Town Meeting Warrant Deadline Select Board 10 Local Comprehensive Plan Select Board & Planning Board 11 Temporary Easements: Millstone Road Improvement Project Select Board 12 Private Road Engineering Services: Vesper Pond Drive Select Board 13 Creation of New Revolving Fund: Bay Property Pool Select Board 14 Bay Property Pool Funding Select Board 15 Rescind Debt Authorization Select Board 16 Local Adoption of State Statute: Local Election Deadlines Select Board D TOWN MODERATOR’S RULES E GLOSSARY OF FINANCIAL TERMS INFORMATION FOR NOVEMBER 14, 2022 SPECIAL TOWN MEETING Services Available to the Public During Town Meeting TRANSPORTATION: The Council on Aging offers rides to and/or from Town Meeting. For information or to schedule a ride to and/or from Town Meeting please call the Council on Aging at 508-896-2737 by noon on Wednesday, November 9th. Rides are available during the entirety of Town Meeting. CHILD CARE SERVICES: Nauset Youth Alliance provides free childcare services for children ages 5 – 14, from 5:30 pm – 9:00 pm, in the Stony Brook School Library during Town Meeting. If you would like to take advantage of this service, please call or email the NYA before 4:00 pm on Friday, November 11th; 508-896-7900 or drost@nausetyouthalliance.org TOWN OF BREWSTER SPECIAL TOWN MEETING NOVEMBER 14, 2022 Barnstable, ss To: Roland W. Bassett, Jr. Constable of the Town of Brewster Greetings: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet in the Cafeterium at the Stony Brook Elementary School, 384 Underpass Road, on Monday, November 14, 2022, next, at 6:00 p.m. o’clock in the evening, then and there to act upon the following articles: OUTSTANDING OBLIGATIONS ARTICLE NO. 1: To see what sums the Town will vote to appropriate from available funds for the payment of unpaid obligations from previous fiscal years, including any bills now on overdraft: Department Outstanding Obligations Amount a. Brewster Elementary Schools Wages $1,777.00 b. Utilities Eversource $144.92 c. Employee Benefits Department of Unemployment Assistance $2,545.00 d. Building Department WB Mason $127.99 Total Or to take any other action relative thereto. (Select Board) (Nine-tenths Vote Required) COMMENT This article will authorize the payment of outstanding bills from a previous fiscal year. According to Massachusetts General Laws, a Town cannot pay a bill from a previous fiscal year with the current year’s appropriation. Therefore, Town Meeting authorization is required. Select Board: Yes 4, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 CAPITAL AND SPECIAL PROJECTS EXPENDITURES ARTICLE NO. 2: To see what sums the Town will vote to raise and appropriate, transfer from available funds, or authorize the Town Treasurer to borrow under and pursuant to Massachusetts General Laws Chapter 44, Sections 7, 7(1), or 8, or any other enabling authority, for the capital outlay expenditures listed below, including, in each case, all incidental and related costs, to be expended by the Town Administrator with the approval of the Select Board, except School expenditures to be made by the School Superintendent with the approval of the School Committee; authorize leases and lease purchase agreements for more than three but not more than five years for those items to be leased or lease purchased, and further that the Town Administrator with the approval of the Select Board or School Superintendent with the approval of the School Committee for school items, be authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced, all as set forth below: Department Item Funding Source(s) / Appropriation or Transfer Amount 1 Select Board a. DBP Master Plan Update - Phase 1 Construction Professional services and construction costs of park improvements Free Cash $255,000 b. Sea Camps Comprehensive Planning Professional services associated with developing a comprehensive plan regarding future uses of the former Sea Camps properties Free Cash $175,000 c. Updated Ponds Water Quality Report (IWRMP) Professional services associated with creating a pond water quality database and reviewing data to identify future needs Water Quality Stabilization $50,000 d. Sea Camps Interim Uses Costs for events, programming, and increasing public access/awareness Free Cash $50,000 e. Integrated Water Resource Planning/ Implementation Professional services associated with technical assistance regarding water quality planning and initiatives Free Cash $35,000 Sub-Total $565,000 Department Item Funding Source(s) / Appropriation or Transfer Amount 2 Department of Public Works a. Sea Camps Pool Parking Lot Professional services for engineering, permitting, and construction of new parking area, including but not limited to paving, installation of stormwater infrastructure, and landscaping Free Cash $250,000 b. Drainage/Road Maintenance Professional services for engineering, permitting, and construction associated with road maintenance and drainage Free Cash $225,000 c. Loader/Backhoe Purchase and outfit (1) backhoe/loader, including but not limited to plow package, emergency lighting, and radio Free Cash $200,000 d. Pick-up Truck Purchase and outfit (1) 4x4 pick-up truck, including but not limited to plow package, emergency lighting, and radio Free Cash $60,000 Sub-Total $735,000 Department Item Funding Source(s) / Appropriation or Transfer Amount 3. Police Department a. Vehicle Replacement Purchase and outfit (2) Police vehicles Free Cash $115,000 b. Security Pen/Fencing Purchase and install fencing and traffic direction signage/devices at the Police facility Free Cash $50,000 c. Live Scan Data Sharing Purchase and install an electronic fingerprint and booking photograph system Free Cash $42,500 Sub-Total $207,500 4. Fire Department a. Department Staffing and Organization Study Professional services associated with staffing and organizational analysis to determine current and future departmental needs Free Cash/ Ambulance Fund $35,000 b. Assistance to Firefighter Grant Program Expenses Costs associated with providing the Town’s required 5% local match to accept and expend grant funding Ambulance Fund $20,000 Sub-Total $55,000 5. Natural Resources a. Stony Brook Mill Retaining Wall & Fishway Improvements Permitting Professional services associated with design, permitting and any other related costs Free Cash $40,000 b. Walkers Pond Water Quality Improvements Professional services associated with design, permitting, and any other related costs Water Quality Stabilization Fund $32,000 Sub-Total $72,000 Department Item Funding Source(s) / Appropriation or Transfer Amount 6. Facilities a. Town Hall Window Replacement Purchase and install replacement windows and related costs Free Cash $150,000 b. Town Hall and Library Elevator Upgrades Costs associated with software and panel upgrades to meet new state safety requirements Free Cash $10,000 c. Crosby Mansion Function Room HVAC Purchase and install mini-split units in mansion function room and any related costs Free Cash $25,000 d. Sea Camps Mowers Purchase mowers Free Cash $17,500 Sub-Total $202,500 7. Recreation a. Freemans Fields Irrigation Repair & Maintenance Costs associated with maintaining and repairing irrigation systems at Freemans Fields Free Cash $20,000 Sub-Total $20,000 8. Library a. Library Elevator Replacement Purchase and install a new elevator including any other related costs Free Cash $300,000 Sub-Total $300,000 9. Information Technology a. Technology Upgrades/Replacement Ongoing information system & equipment improvements, including but not limited to the purchase of computers, software, servers, and other hardware/ software throughout the Town, including new cloud-based assessing software Overlay / Free Cash $35,000 Sub-Total $35,000 Department Item Funding Source(s) / Appropriation or Transfer Amount 10. Assessors a. Valuation Services Professional services for new growth and cyclical inspections as required by the Department of Revenue Overlay $80,000 Sub-Total $80,000 11. Water Department a. Tanks Exterior Painting Engineering Professional services including engineering, oversight, and construction for interior and exterior repairs on Tanks 1 & 2 Water Retained Earnings $110,000 b. Land Acquisition for Water Protection Funding to assist with acquisition costs of former Sea Camps Long Pond parcel Water Retained Earnings $35,000 Sub-Total $145,000 12. Golf Department a. Maintenance Equipment Replacement Purchase (3) three spray rigs and any golf maintenance equipment Golf Reserves $380,000 b. Cart Path Improvements Costs associated with paving and repairing cart paths Golf Reserves $120,000 c. Additional HVAC/Boiler Upgrades Additional funding for the replacement of the HVAC/Boiler system and any other related costs Golf Reserves $75,000 d. Irrigation Replacement Design Professional services associated with the design of a new 36- hole irrigation system Golf Reserves $75,000 e. Clubhouse Surroundings & Theme Enhancements Purchase and install materials and supplies to upgrade area around clubhouse Golf Reserves $30,000 Or to take any other action relative thereto. (Select Board) (2/3 Vote Required) COMMENT The Town certified $4,641,154 in Fiscal Year 22 Free Cash, which is now available for appropriation. If all capital and special project requests included in this article are approved by Town Meeting, a balance of $2,586,154 in Free Cash will remain. These requests are consistent with the Town’s 5-Year Capital Improvement Plan and with the Select Board’s Strategic Plan. To ensure healthy financial reserves, the Town aims to maintain a year-end Free Cash balance of at least $1M. While we anticipate additional capital requests at Annual Town Meeting in May 2022, we expect that our Free Cash balance will remain consistent with the Select Board’s financial reserves policy even after accounting for those supplemental appropriations. 1. Select Board 1a. DBP Master Plan Update - Phase 1 Construction – These funds will be used to complete construction activities associated with the Drummer Boy Park Master Plan Update approved by Town Meeting in November 2021, including parking, walkway, and stormwater improvements. A majority of this project is planned to be funded with the Town's allocation of American Rescue Plan Act funds from Barnstable County. Phase 2 improvements, to be completed in a few years, will include upgrades to the bandstand and playground and replacement of the existing storage building with a new pavilion. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 Department Item Funding Source(s) / Appropriation or Transfer Amount f. Sink Hole Repairs Purchase of materials to fill and repair sink holes throughout the property Golf Reserves $20,000 g. Kitchen Equipment Replacement Purchase and install replacement kitchen equipment and other related costs Golf Reserves $15,000 h. Replace Forward Tees Purchase and install materials to create new forward tees Golf Reserves $15,000 Sub-Total $730,000 Grand Total $3,147,000 1b. Sea Camps Comprehensive Planning – These funds will be used to assist the Town in the comprehensive planning process for the former Cape Cod Sea Camps Bay and Pond Parcels. The Town will use the professional services of an interdisciplinary team to assist with the comprehensive planning. These plans will identify recommended future uses of both Sea Camp properties as well as estimated capital & operating costs, project phasing, financing, and partnerships. A key part of this planning will be community outreach and resident input. The comprehensive plans will be brought to a future Town Meeting for adoption. The Town has applied for $125,000 in grant funding to help cover these costs and any grant award will decrease the amount of Town funding need to help complete this work. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 1c. Updated Ponds Water Quality Report (IWRMP) – The Town last prepared a comprehensive review of pond water quality data on the 27 ponds sampled annually in 2009. This article would engage a water quality professional to organize and synthesize the water quality data collected since then from Brewster ponds through the Pond and Lake Stewards (PALS) bi-annual sampling efforts. This update will include creating a water quality database of PALS water quality data and review of this data to identify trends for key factors for each pond. The results will help inform future Town water quality planning and initiatives. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 1d. Sea Camps Interim Uses & Site Improvements – As the Town works through developing long-range comprehensive plans for both former Sea Camps properties, the Bay and Pond Property Planning Committees continue to work with Town Administration and the Select Board to identify opportunities for interim uses of the properties. These funds will help support these efforts to host events and programming and increase public access to both properties during this transition period. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 1e. Integrated Water Resource Planning/Implementation – These funds will supplement a similar appropriation approved at the May 2022 Annual Town Meeting. In addition to implementation of the Pleasant Bay Watershed permit and support for other water quality improvement projects related to coastal waters and freshwater ponds, the funds will be used to provide resident education about the new stormwater bylaw, to provide support and technical assistance to the Water Resources Task Force, and to work with MA DEP on new regulations and SRF eligible projects, including but not limited to I/A septic systems. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 2. Department of Public Works 2a. Engineer/Design & Construction of Sea Camps Parking – These funds will be used for engineering design, permitting, and construction of a parking lot to accommodate visitors to the pool at the former Cape Cod Sea Camps Bay Parcel. This new parking lot is expected to be located where the existing (2) tennis courts and basketball court are, adjacent to the pool and Arts Center. The project will include installation of stormwater infrastructure and landscaping. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 2b. Drainage/Road Maintenance – These funds will be used for professional services, including but not limited to engineering, permitting, and construction costs, and in-house construction costs associated with road maintenance and drainage on various public roadways in Town. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 2c. Machinery & Equipment – These funds will be used to purchase and equip one Loader/Backhoe (current model is 2006), including but not limited to plow package, emergency lighting and radio. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 2d. Pick-up Truck – These funds will be used to purchase and equip one 4x4 pick-up truck, including but not limited to plow package, emergency lighting and radio. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 3. Police Department 3a. Vehicle Replacement – These funds will be used to purchase, outfit, and equip police cruisers. The Police Department relies on these cruisers for patrol and emergency response. Included in the cost, is outfitting the vehicle with emergency lights/siren, and equipping the vehicle with the tools necessary for responding to a variety of emergencies. The purchased vehicles will be replacing outgoing vehicles, which will either be repurposed for other Town use, or sold via auction. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 3b. Security Pen/Fencing – These funds will be used to purchase and install fencing and traffic direction signage/devices for the rear of the police facility. With the department driveway being shared with people accessing the cemetery, Cape Cod Rail Trail, and Brewster Dog Park, there is a lot of traffic through the area on a daily basis. Currently, there is temporary signage to delineate public access from employee-only access. Fencing, signage, etc. will provide better security for the rear of the building to include Police Department vehicles. These funds will also be used to build a secure pen for the housing of a seized vehicle or other oversized items that cannot be stored in the building. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 3c. Live Scan Data Sharing – These funds will be used to replace the existing fingerprint and booking photograph systems. This new electronic unit will allow the current records management system to share data directly with the fingerprint system, assuring accuracy of reporting data to the Criminal Justice Information System, as required by state and federal law. This system is also used for non-criminal fingerprinting for things such as firearms licensing, Town issued permits, professional licensing, etc. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 4. Fire 4a. Department Staffing and Organization Study – These funds will be used to conduct a staffing and organizational study to determine current and future staffing needs, organization and delivery of fire suppression, emergency medical, and fire prevention services, identify strengths and weaknesses, and present potential recommendations, options, strategies, and associated costs for viable improvements in these core services. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 4b. Assistance to Firefighter Grant Program Expenses – These funds will be to meet our 5% local match requirements for any grant funds the Town receives through this program. Due to several recent successful AFG grant awards, available funds from previous similar articles designed to cover the Town’s 5% cost sharing match have been reduced to a level that will no longer support future AFG awards. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 5. Natural Resources 5a. Stony Brook Mill Retaining Wall & Fish Way Improvements – This funding will be used to secure permitting approvals to repair the historic retaining wall supporting the headrace pond for the mill and upgrade the fish weirs north of the street to provide safe passage for migratory herring. Grants have been secured for 100% of the project design and 75% of the estimated construction costs. A Community Preservation Act grant has been secured for a portion of the required match, and the remainder of the match will likely be presented at Spring 2023 Town Meeting, with a goal of construction beginning in Fall 2023. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 5c. Walkers Pond Water Quality Improvements – These funds will be used to undertake the required permitting for Walkers Pond water quality improvements. The School of Marine Science and Technology (SMAST) at UMASS Dartmouth has prepared a technical report documenting the causes of declining water quality in Walkers Pond. They compared various options for remediation and recommend an alum treatment followed by use of the Town's aquatic weed harvester in following years to help reduce the nutrient content in the sediments at the pond. The alum treatment would be funded through a Spring 2023 Town Meeting article. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 6. Facilities 6a. Town Hall Window Replacement – This funding will be used to undertake the next phase of the window replacement at Town Hall, aimed to greatly reduce energy loss. These windows are roughly 25 years old and have broken seals and obsolete replacement parts. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 6b. Town Hall and Library Elevator Upgrades – This funding will be used for a software and panel upgrades for both the Town Hall and Brewster Ladies Library public elevators, identified during a recent State Elevator Inspection. These repairs must be made before the end of the calendar year to maintain compliance. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 6c. Crosby Mansion Function Room HVAC – This funding will be used to install new mini-split HVAC units in the mansion’s function room. The Town has a long-term lease agreement with the MA Department of Conservation and Recreation for the entire Crosby property, including the mansion, and has made significant investments in this iconic historic building over the past several decades. The Town leases space in the function room for events to help pay for property maintenance and improvements. These units will help make the room more comfortable for events in the hot summer months. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 6d. Sea Camps Mowers – This funding will be used to purchase mowing equipment to help maintain the former Sea Camps bay property. The former owners auctioned off all material and equipment prior to the Town’s acquisition of the property last year. While the Town was able to repurpose old mowing equipment this first summer, the Department of Public Works is responsible for mowing over 40 other Town properties and this new equipment is needed on site for the extensive mowing needed at this location. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 7. Recreation 7a. Freemans Fields Irrigation Repair & Maintenance – This funding will be used to repair and maintain the irrigation systems for Freemans Recreational Fields, which were installed by volunteers over 20 years ago, while the Town develops a long-term replacement plan. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 8. Library 8a. Library Elevator Replacement – These funds will be used to install a new elevator at the Ladies Library. This equipment has exceeded its useful life and requires frequent repairs, limiting resident access to the facility. Town Meeting previously appropriated funds for project design. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 9. Information Technology 9a. Technology Upgrades/Replacement – These funds will be used to purchase upgraded desktop computers, servers, productivity and office software, backup systems, and other hardware and software for Town departments. Computers and servers are replaced on a 3-5 year rotating schedule, and older machines are issued to users with less intensive computer needs. $10,000 of these funds will provide for the one-time cost of upgrading our assessing software to the cloud. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 10. Assessors 10a. Valuation Services – These funds will be used to cover contractual obligations to a private firm for property valuation services required to annually set assessed value, collect new growth, and perform property inspections. The funding comes from the Overlay Reserve Account, which in turn is funded from a transfer from the balance in the Overlay Accounts of funds that are no longer needed to cover abatements and exemptions. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 11. Water Department 11a. Tanks Exterior Painting – These funds will be used for the engineering, procurement, and construction administration services associated with painting two water storage tanks. The engineering consists of three phases: design, bid, and construction. This project is intended to extend the life of the existing coating at far less cost than a full coat rehabilitation. The intended coating system is a rust inhibitive acrylic overcoat that will provide additional protection of the steel structure. Construction funds will be requested at the 2023 Annual Town Meeting. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 11b. Land Acquisition for Water Protection – These funds will help cover a portion of the acquisition costs of former Sea Camps property on Long Pond parcel (500 W.H. Besse Cartway) for several potential public purposes, consistent with Water Commission financial commitments when the Town purchased the property in 2021. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 12. Golf Department 12a. Maintenance Equipment Replacement – This funding will be used to replace three spray rigs, which apply chemicals to the turf. The current sprayers are beyond their useful life and are beginning to malfunction. The new sprayers will have a GPS system to allow for more precise dispersion. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 12b. Cart Path Improvements – These funds will be used to repave and repair the cart paths at Captains Golf Course. Many cart paths at the golf course are currently in disrepair and detract from the overall golfing experience for customers. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 12c. Additional HVAC/Boiler Upgrades – This funding will be added to the already approved funds for the replacement of the HVAC system in the restaurant/clubhouse area of the property. This additional funding will cover the full cost of the project. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 12d. Irrigation Replacement Design – These funds will be used to hire an irrigation firm to design a new 36-hole irrigation system for Captains Golf Course. Currently, two irrigation systems exist at the golf course that are 23 and 17 years old. The replacement of the entire irrigation system would create a more energy efficient system and would reduce the amount of water needed to properly maintain the golf courses. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 12e. Clubhouse Surroundings & Theme Enhancements – These funds will be used to make improvements to the areas of the golf course nearest to the clubhouse. These areas have become worn and unsightly, and do not project a good image of Captains Golf Course. These areas include the bag drop, the starters shed, fencing, signage, and landscaping. Many of these will need replacing, or, in the case of the starters shed, have major repairs performed. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 12f. Sink Hole Repairs – These funds will be used to repair sink holes on the golf course that have formed over a number of years. These repairs will result in safer conditions and a more enjoyable playing experience. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 12g. Kitchen Equipment Replacement – These funds will be used to replace kitchen equipment that is at the end of its useful life. The kitchen equipment is owned by the Town, and, in order to maintain a fully functioning restaurant at the golf course, it is necessary to replace this equipment. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 12h. Replace Forward Tees – These funds will be used to create new forward tees on the golf course, as recommended by the National Golf Foundation, and to provide an additional option for players. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 COMMUNITY PRESERVATION ACT FUNDING ARTICLE NO. 3: To see if the Town will vote to act upon the recommendations of the Community Preservation Committee; to appropriate from Fund Balances Reserved for future expenditure, the amounts shown below, for the purpose of future expenditures, operating and administration expenses, and reserve funds related to Community Preservation, Historic Preservation, Open Space, Community Housing and/or Recreation; and to authorize the Town Administrator to enter into contracts for operating and administration related to Community Preservation, Historic Preservation, Community Housing and Open Space and/or Recreation, all as follows: Purpose Item Funding Source(s) Amount 1 a. Brewster Historical Society Relocation and restoration of Brewster Schoolhouse #3 Transfer $332,200 from Historic Preservation Fund balance $332,200 Sub-total $332,200 Grand Total $332,200 For Fiscal Year 2023 Community Preservation purposes, each item is considered a separate appropriation to be spent by the Community Preservation Committee; provided however, that the above expenditures may be conditional on the grant or acceptance of appropriate historic preservation restrictions for historic resources, open space restrictions for open space reserves, and housing restrictions for community housing, running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures, meeting the requirements of MGL Ch. 184 and MGL Ch. 44B Sec. 12, and to authorize the Select Board to convey or accept such restrictions; And further, any revenues received in excess of the estimated receipts are transferred to their respective reserve fund balance(s) for future appropriation using the allocation formula of 50% Open Space, 10% Housing, 10% Historical and 30% for Budgeted Reserve for CPA. Or to take any other action relative thereto. (Community Preservation Committee) (Majority Vote Required) COMMENT In May of 2005, Brewster voters approved a ballot question which allowed for the adoption of the modified Community Preservation Act. The act appropriates a 3% surcharge on the town’s real estate tax revenues, which are reserved in a special fund in order to finance projects and programs for the purposes of preservation of open space, recreation, community housing, and historic preservation. Brewster is also eligible to receive up to 100% in matching funds from the State, although we anticipate a reduced reimbursement rate from the State for Fiscal Year 2022, which is projected at 15%. Brewster established, through a local bylaw, a distribution schedule for the CPA funds according to the following: 50% of the funds for open space, 10% for community housing, 10% for historic preservation, and 30% balance is available for housing, historic preservation and/or active or passive recreation projects. 1. Historic Preservation: a. Brewster Historical Society – Relocation and Restoration of Schoolhouse #3: The Brewster Historical Society proposes to flake Schoolhouse #3 at 2342 Main Street and move it to Windmill Village at Drummer Boy Park. The structure is the last remaining of the town’s 5 19th Century schoolhouses. It will be re-assembled and restored as a schoolhouse and will also include a cranberry history display, as this was also part of its history. The funding request includes an additional $10,000 set aside to pay for CPC expenses for historical consulting services related to the project. Total Project Cost: $322,200 CPC Request: $332,200 CPC Vote: 0-0-0 Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 CONSERVATION RESTRICTION ACQUISITION: 0 HOLLY AVE (REAR) ARTICLE NO. 4: To see if the Town will vote to authorize the Select Board to acquire a perpetual conservation restriction under MGL Ch. 184, Secs. 31 through 33, on a parcel of land designated on Brewster Assessors’ Map 137 as Parcel 1, located at 0 Holly Ave (Rear), in Brewster, Barnstable County, Massachusetts, consisting of 4.925 acres as shown on a plan of land entitled “Plan of Land in Brewster (East), Mass. as claimed by Richard O. Staff, Scale 1 in = 50 ft. October 1967, Schofield Brothers Registered Civil Engineers & Land Surveyors, Orleans & Framingham, Mass.” and recorded in the Barnstable County Registry of Deeds as Plan Book 219, Page 79, a copy of which is on file with the Brewster Town Clerk; to acquire interests in said parcel by gift, purchase and/or eminent domain taking under MGL Ch. 79, or any other enabling authority; to acquire said conservation restriction for conservation and passive recreation purposes for the general public, consistent with the provisions of MGL Ch. 40 Sec. 8C and Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, and in compliance with MGL Ch. 44B, Sec. 12(a), protecting the property for the purposes for which it is acquired; to transfer from available funds, including, without limitation, the Community Preservation Fund, the sum of Two Hundred Sixty-four Thousand and 00/100 Dollars ($264,000.00) to pay costs of this acquisition, and all other costs incidental and related thereto; further, to authorize the Select Board and/or the Conservation Commission to apply for, accept and expend any funds that may be provided by the Commonwealth or other public or private sources to defray all or a portion of the costs of said acquisition, including, but not limited to, grants and/or reimbursement from the Commonwealth under the Self-Help Act, MGL Ch. 132A Sec. 11 (now, so-called LAND grants), and the Federal Land and Water Fund grants, which grants and/or funds so received shall be used to repay all or a portion of the sum transferred from the Community Preservation Fund hereunder; to authorize the Conservation Commission to assume the monitoring and enforcement authority of the conservation restriction on the property; and to authorize the Select Board and Conservation Commission to enter into all agreements and execute any and all instruments as may be necessary on behalf of the municipality to effect this purchase and obtain reimbursement funding; or to take any other action relative thereto. (Community Preservation Committee) (2/3 Majority Vote Required) COMMENT This article would enable the Town to continue its partnership with Brewster Conservation Trust (BCT), working together to preserve critical open space; in this case, 4.925 acres abutting the Town’s Baker’s Pond Conservation Area. This acquisition would preserve a walking trail that connects existing Town trails with Nickerson State Park. The Towns of Brewster and Orleans, along with the Brewster Conservation Trust, own 140 acres of conservation land east and south of this proposed land acquisition. These entities jointly manage the two-mile public walking loop trail there, with parking on Baker’s Pond Road. BCT will purchase the land for $360,000. This article seeks to appropriate $250,000 in CPA funds to place a conservation restriction on the property, which will be held by the Town. To offset these expenses, the Town has applied for a State LAND grant that would reimburse the Town for up to $130,000. Sketch map of locus attached hereto - Tax Map 137, Parcel 1, 4.925 acres. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 TOWN CODE AMENDMENT TO COMMUNITY PRESERVATION ACT BYLAW ARTICLE NO. 5: To see if the Town will vote to amend the General Bylaws, Section 17, to delete Sections 17-4 and 17-5 in their entirety, as shown below, with deletions shown in strikethrough, with such revision to take effect on July 1, 2023: Section 17-1. Membership of the Committee – There is hereby established a Community Preservation Committee, consisting of nine (9) voting members. pursuant to the provisions of Section 298 of Chapter 149 of the Acts of 2004, as amended by Sections 129-133 of Chapter 352 of the Acts of 2004. The composition of the Committee, the appointing authority and the term of office for the committee members shall be as follows; one member of the Conservation Commission, as designated by said Commission; one member of the Historical Commission, as designated by said Commission; one member of the Planning Board, designated by the said Board; one member of the Recreation Commission, as designated by the Commission; one member of the Brewster Housing Authority, as designated by said Authority; and four individuals to be appointed by the Board of Selectmen. Each member of the Committee shall serve a term of three years or until the person no longer serves in the position or on the board or on the committee as set forth above, whichever is earlier. Should any of the officers and commissions, boards or committees who have appointing authority under this bylaw be no longer in existence for whatever reason, the Board of Selectmen shall appoint a suitable person to serve in their place. Any member of the committee may be removed by the Selectmen, with prior notice to the member and a hearing, for good cause. Section 17-2. Duties – The Community Preservation Committee shall study the needs, possibilities and resources of the town regarding community preservation. The Committee shall consult with existing municipal boards, including the Conservation Commission, the Recreation Commission, the Historical Commission, the Planning Board, the Department of Public Works, and the Housing Authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the committee shall hold one or more public informational hearings, at its discretion, on the needs, possibilities, and resources of the town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the town. Section 17-3. The Community Preservation Committee shall make recommendations to the Town Meeting for the acquisition, creation and preservation of open space, for the acquisition and preservation of historic resources, for the acquisition, creation and preservation of land for recreational use, for the creation, preservation and support of community housing and for rehabilitation or restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided in this section. Section 17-4. In every fiscal year, the Community Preservation Committee shall recommend that Town Meeting spend, or set aside for future spending, the fixed figure of fifty (50%) percent of the net annual revenues in the Community Preservation Fund for open space purposes, not less than ten (10%) percent of the net annual revenues for community housing purposes, and not less than ten (10%) percent of the net annual revenues for historic resources purposes. In every fiscal year, the Community Preservation Committee shall recommend that Town Meeting spend or set aside for future spending the remaining thirty (30%) percent of the net annual revenues for community housing, recreation and historic resources purposes, but not for open space purposes. Notwithstanding the foregoing, the net annual revenues paid into the Community Preservation Fund shall be dedicated to open space purposes until such time as prior appropriations made pursuant to the so-called Land Bank Act have been fully expended, even if the aggregate amount of such expenditures exceeds 80% of the annual revenues. Section 17-5. Provided that the Community Preservation Act is accepted at the 2005 Annual Town Election, this section shall take effect upon approval by the Attorney General of the Commonwealth of Massachusetts and after all the requirements of Mass. Gen. Laws, ch. 40, § 32 have been met. Each appointing authority shall have thirty (30) days after the effective date to make its appointments. Or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT In May of 2005, Brewster voters adopted the Community Preservation Act (CPA). The Act appropriates a 3% surcharge on the Town’s real estate tax revenues, which are reserved in a special fund to finance projects and programs for the purposes of preservation of open space, recreation, community housing, and historic preservation. The state distributes matching funds, which vary from year-to-year. Since 2005, CPA funds have supported about 70 community preservation projects in Brewster. These initiatives have included capital improvements, land acquisitions, assistance programs, as well as various plans and studies. At the time of adoption, Brewster established a unique allocation formula for these funds, as outlined in Section 17 of the Town bylaw: 50% for open space, 10% for community housing, and 10% for historic preservation. The 30% balance has been available for housing, historic preservation, and/or active or passive recreation projects. The primary reason for this customized approach was that Brewster, like many other Cape towns at the time, was converting funding balances and financial obligations from the Cape Cod Land Bank and wanted to maintain its capacity to finance open space purchases. As required by statute, the Community Preservation Committee (CPC) annually holds a public hearing to identify and discuss upcoming community needs and planned projects. In recent years, it became increasingly apparent that anticipated CPA requests would outpace available funds. In May 2021, Town Meeting approved funding to develop a 5 Year Community Preservation Plan (CPP). Since then, the CPC has worked with a consultant to study existing Town plans, quantify anticipated funding requests, and solicit stakeholder and resident input. As a result of this analysis, the CPC recommends modification of the Town’s bylaw to follow the statutory distribution formula that all but one other municipality currently have in place: 10% for open space and recreation, 10% for community housing, and 10% for historic preservation. The CPC determined that the statutory formula allowed the most flexibility to respond to expected funding requests and any new requests that may emerge from the former Sea Camps properties planning processes in the next few years. If approved, this change would take effect in July 2023. At the same time, the CPC has developed and adopted a CPP that establishes target allocations for each of the eligible uses of CPA funds beyond the baseline statutory disbursements that will inform their policy decisions in vetting projects in the next five years (add more detail about targets here – 30/30/10/10). Town Meeting will continue to have final approval authority over expenditure of all CPA funds. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 TOWN BYLAW AMENDMENT: LIMITS OF DEBATE ARTICLE NO. 6: To see if the Town will vote to amend the General Bylaws, Section 48-11B, by striking the word “three” and replacing it with “one and a half”, as shown below, with additions shown in bold and deletions shown in strikethrough: § 48-11 Limit of debate. A. presenter of a motion may speak up to five minutes when presenting the motion except for motions that the Moderator has given specific permission for more time. B. Following speakers may have up to three one and a half minutes to speak on a motion. C. Speakers to each motion may speak no more than twice, except for the presenter of a motion who may speak to comments or questions made by voters with respect to the motion presented. Or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT During the pandemic, several changes were made to the format of Town Meeting to adapt to the challenges presented by COVID, including shortening the amount of time speakers could comment on each article from three minutes to a minute and a half. This different approach was successfully implemented for four meeting without incident. Following feedback from residents after last May’s Town Meeting, Town officials identified several potential adjustments to Town Meeting procedures that might make for more productive sessions in the future. This bylaw amendment is one such proposed change. Residents would still be permitted to speak twice on each article. Select Board: Yes 4, No 0, Abs 0 Finance Committee: Yes 0, No 7, Abs 0 TOWN BYLAW AMENDMENT: QUORUM REQUIREMENT ARTICLE NO. 7: To see if the Town will vote to amend the General Bylaws, Section 48-5, by inserting the following new sentence to the end of the section: “Once quorum has been attained and Town Meeting has been called to order, minimum quorum requirements no longer apply.” as shown below, with additions shown in bold: § 48-5 Requirement. The quorum for Annual Town Meetings and for Special Town Meetings is hereby set at 200 registered voters. Once quorum has been attained and Town Meeting has been called to order, minimum quorum requirements no longer apply. Or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT Following feedback from residents after last May’s Town Meeting, Town officials identified several potential adjustments to Town Meeting procedures that might make for more productive sessions in the future. This bylaw amendment, which would eliminate the need to maintain quorum once the meeting has been convened, is one such proposed change. Some towns have adopted a zero quorum for Town Meeting to achieve a similar policy result. Select Board: Yes 4, No 0, Abs 0 Finance Committee: Yes 0, No 7, Abs 0 NEW TOWN BYLAW/RECONSIDERATION ARTICLE NO. 8: To see if the Town will vote to establish a new General Bylaw, as shown below, with additions shown in bold, and further to authorize the Town Clerk to assign the proper chapter and section numbers to said by-law, consistent with the current numbering system: §XX-XX Motions for Reconsideration A motion to reconsider an article previously voted on by Town Meeting must be made within one (1) hour of the conclusion of the relevant vote and shall require a 2/3 majority vote for approval. If a Town Meeting is continued from one date to another, a motion to reconsider any article must be made on the same day as the original vote. Or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT Following feedback from residents after last May’s Town Meeting, Town officials identified several potential adjustments to Town Meeting procedures that might make for more productive sessions in the future. Brewster’s current bylaws do not address reconsideration. Town Meeting Time does not provide clear guidance on limitations to this parliamentary procedure; in fact, it suggests that Town’s adopt a bylaw to govern reconsideration. This new bylaw would require that motions to reconsider be made within an hour of the relevant vote and/or on the same date as the original vote. It would also require a 2/3 majority vote to prevail. Select Board: Yes 4, No 0, Abs 0 Finance Committee: Yes 6, No 1, Abs 0 TOWN BYLAW AMENDMENT: SPECIAL TOWN MEETING WARRANT DEADLINE ARTICLE NO. 9: To see if the Town will vote to amend the General Bylaws, Section 48-3, by inserting the following new sentence to the end of the section to establish a deadline for closing warrants to petitioned articles, as shown below, with additions in bold: § 48-3 Closing of warrant. The warrant for the Annual Town Meeting will be closed to citizen petitioned articles 75 days before each Annual Town Meeting and be in the hands of the Finance Committee by 60 days before each Annual Town Meeting, commencing in 1980. The warrant for any special town meeting will be closed to citizen petitioned articles 45 days before each special town meeting; provided, however, that the Select Board may close the warrant for a special town meeting at any time prior to the 15th day before such meeting if it determines that the 45-day deadline is impractical under the circumstances of a particular meeting. Or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT The deadline to submit citizens petitions for inclusion on the Annual Town Meeting warrant is 75 days in advance of the meeting. Town bylaws are currently silent on deadlines for citizens petitions for inclusion on Special Town Meeting warrants but longstanding past practice has been to close the warrant 45 days in advance of those meetings. However, this deadline requires a vote of the Select Board in each instance and could change year to year. Codifying this deadline will enhance consistency and transparency for residents interested in bringing a petition to Special Town Meeting. These changes would ensure that the Select Board retains their statutory authority to call a Special Town Meeting on less than 45 days’ notice. Select Board: Yes 4, No 0, Abs 0 Finance Committee: Yes 6, No 3, Abs 0 LOCAL COMPREHENSIVE PLAN ARTICLE NO. 10: To see if the Town vote to adopt an updated Master Plan for Brewster which has been developed by the Vision Planning Committee, a copy of which plan is on file at the Town Clerk's office and posted on the Town's website, and which plan if approved by the Town Meeting would constitute Brewster’s Local Comprehensive Plan as defined in Section 9 of the Cape Cod Commission Act (Chapter 716 of the Acts of 1989), or take any other action relative thereto. (Select Board & Planning Board) (Majority Vote Required) COMMENT Brewster’s 2022 Local Comprehensive Plan (LCP) is intended to help guide land use decisions and policies in the Town for the next 10+ years. It describes how Brewster looks today and where it wants to go in the future. Brewster’s first and only comprehensive land use plan to date was previously adopted in 1970. The 2018 Brewster Vision Plan serves as a foundation for this LCP. Similar to the Vision Plan’s structure, the LCP includes a Vision Statement and is organized by the following “Building Blocks”: Community Character; Water Resources; Open Space; Housing; Coastal Management; Local Economy; Governance; Community Infrastructure; Solid Waste Management; and Climate Mitigation and Adaptation. The LCP Action Plan includes specific goals, purposes, and an ambitious list of actions associated with advancing policies, programs, and services across the Building Blocks. The LCP’s goals, values, and actions are not intended to conflict with one another, but are to be applied as complementary, mutually supportive, and on equal footing. Other key sections of the LCP include a Capital Facilities Plan, which aligns capital projects contemplated in the Action Plan with the Town’s on-going capital facilities budgeting and planning processes. This analysis ensures that the capital requirements necessary to successfully implement the LCP are identified. The Select Board, through their annual strategic planning process, is primarily responsible party for implementing the LCP. This process will also include monitoring and reporting progress to the community. After more than two years of public meetings and input from residents and relevant stakeholders, the Vision Planning Committee completed and released the final draft LCP in September 2022; it was approved by the Select Board and Planning Board in October 2022, and forwarded to Town Meeting for adoption. The LCP has been developed with general guidance from Cape Cod Commission (CCC) staff according to its regulations, adapted to Brewster’s specific needs and circumstances. CCC has provided feedback to the draft plan and will formally review the LCP to certify consistency with the Cape Cod Regional Policy Plan after its local adoption. CCC certification affords the Town certain benefits such as prioritization for planning technical assistance. The LCP also serves as a comprehensive land use plan under state planning law. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 TEMPORARY EASEMENTS: MILLSTONE ROAD IMPROVEMENT PROJECT ARTICLE NO. 11: To see if the Town will vote to authorize the Select Board to acquire, by purchase, gift, and/or eminent domain, permanent and/or temporary right of way, utility, drainage, access, construction and other easements in, on, under, and across the parcels of land at or near Millstone Road for the purpose of improving Millstone Road and for any and all purposes and uses incidental or related thereto, and, further, to raise and appropriate, transfer from available funds, and/or borrow a sum of money for the foregoing purposes. Or to take any other action related thereto. (Select Board) (Majority Vote Required) COMMENT The Town of Brewster is undertaking a road improvement project on Millstone Road that will involve the installation of sidewalks and the creation of a consistent roadway shoulder. The roadway layout of Millstone Roads consists of a variable 40- to 50-foot-wide Town owned right- of-way. While project design is not yet fully finalized, the Town has adjusted the scope of work to ensure that permanent easements related to sidewalk construction and drainage improvements will not be required on any residential property on Millstone Road. However, based on the current proposed design, it is expected that there will be temporary impacts on residential properties while construction is ongoing. This article authorizes the Town to enter into temporary easement agreements with residents allowing the contractor necessary access to their property to complete the project. Residents may voluntarily grant the Town a right of access or may seek financial reimbursement for that access. The Town has developed a standard methodology to calculate any such payments, which will be funded through available road project funding. Correspondence explaining the process and options available to residents has been sent to all impacted property owners. Copies of the plans highlighting impacted properties are also available at Town offices. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 PRIVATE ROAD BETTERMENT: VESPER POND DRIVE ARTICLE NO. 12: To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow a sum of money pursuant to MGL Ch. 40, Secs. 7 and 8, Chapter 297 of the Acts of 2002, Chapter 373 of the Acts of 2006, and/or any other enabling authority, said sum to be spent by the Town Administrator with the approval of the Select Board, to finance temporary road repairs to the private way known as Vesper Pond Drive, including, without limitation, costs associated with engineering, construction, and reconstruction of said way, and costs incidental or related thereto, which costs shall be assessed by the Select Board as a betterment under MGL Ch. 80 Sec. 1 on each parcel within the area benefiting from the improvement, all in compliance Brewster General Bylaws, Section 157-20. Or to take any other action relative thereto. (Select Board) (Two-Thirds Vote Required) COMMENT The Town adopted a general bylaw at the 1996 Annual Town Meeting, which allows citizens to petition Town Meeting to obtain financing assistance to undertake repairs to private ways. In June 2022, the Select Board received a petition from residents for proposed road and drainage improvements in the Vesper Pond neighborhood, including: Vesper Pond Road, Mayflower Circle, Cranberry Lane, Deer Path Circle, Jam Lane, and Bay View Road. The Planning Board approved the proposed plan in August 2022. If approved, the Town, in coordination with impacted residents, will contract out for the repair work. Once completed, the abutting property owners will then be required to reimburse the Town for the full project costs, plus interest and administrative expenses, by means of betterment assessments over a period of time. There will be no tax impacts to other residents related to this project. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 CREATION OF NEW REVOLVING FUND: BAY PROPERTY POOL ARTICLE NO. 13: To see if the Town will vote to amend the General Bylaws, Section 21-8, to create a new revolving fund, consistent with MGL Ch. 44 Sec 53E½, for the purposes of managing a recreational pool located at 3057 Main Street, in a manner as follows: Revolving Fund Department, Board, Committee, Agency, or Officer Authorized to Spend from Fund Fees, charges or Other Receipts Credited to Fund Program or Activity Expenses Payable from Fund Restrictions or Conditions on Expenses Payable from Fund Fiscal Years Bay Property Pool Department Head - Recreation Fees received for pool memberships, programs, and events Pay for Salaries, Benefits, Operating Expenses, and Contracted Services Expenses shall be related to salaries and operations of the Bay Property Pool and not used for any other purposes Fiscal Year 2023 and subsequent years Or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT This article will create a new revolving fund which will separately account for fees collected to support operations of the new pool at the former Sea Camps property at 3057 Main Street. The Town is seeking to open the pool for resident use by Summer 2023 and requires this fund to be established in advance. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 BAY PROPERTY POOL FUNDING ARTICLE NO. 14: To see what sums the Town will vote to appropriate from available funds for the initial start-up costs for the operation and maintenance of a community pool at the property located at 3057 Main Street, including the purchase of equipment and supplies, and anything incidental or related thereto, or take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT This article will appropriate $150,000 from Free Cash to cover initial start-up expenses and Year 1 operational costs for the new pool at the former Sea Camps property on Cape Cod Bay, planned to open to residents in Summer 2023. It is expected that revenues collected from fees will help support future year operating expenses. Select Board: Yes 0, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 RESCIND DEBT AUTHORIZATION ARTICLE NO. 15: To see if the Town will vote to repeal or rescind unused borrowing authority authorized by previous Town Meetings, as follows: DEPARTMENT ITEM ARTICLE / TOWN MEETING AMOUNT TO BE RESCINDED DPW Dump Truck Article 10 (2A) of the May 2018 Annual Town Meeting $33,305 Fire Fire Station Article 1 of the November 2015 Special Town Meeting $548,503 Debt North Pond Drive Private Road Betterment Article 16 of the May 2018 Annual Town Meeting $21,276 Debt WH Besse Cartway Land Acquisition (Robinson Property) Article 29 of the May 2018 Annual Town Meeting $155,100 Debt Tri-Town Septic Demolition Article 5 of the December 2018 Special Town Meeting $33,131 DPW Fuel Depot Article 3 of the May 2019 Special Town Meeting $100,000 Or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT This routine article serves to rescind authorized but unissued debt for certain capital equipment, facilities, and/or projects that have all been fully completed. Select Board: Yes 4, No 0, Abs 0 Finance Committee: Yes 7, No 0, Abs 0 LOCAL ELECTION DEADLINES ARTICLE NO. 16: To see if the Town will vote, in accordance with MGL Ch. 41 Sec. 110A, to authorize the Town Clerk’s office to remain closed on all Saturdays and to treat Saturdays as a legal holiday for purposes of calculating the time frame for filing matters in that office; or take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT Acceptance of this local option statute would allow the Town Clerk’s Office to adjust voter registration and nomination/petition paper deadlines for local elections to avoid the need to open Town Hall on Saturdays or holidays. If adopted, relevant voter registration deadlines could shift to the business day prior and nomination/petition papers could fall to the next business day. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 0, Abs 0 And you are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting as aforesaid. Given under our hand and Seal of the Town of Brewster affixed this __th day of October 2022. ___________________________________ David Whitney, Chair ___________________________________ Ned Chatelain, Vice-Chair ___________________________________ Kari Hoffmann, Clerk ___________________________________ Mary Chaffee ___________________________________ Cynthia A. Bingham I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Special Town Meeting of November 14, 2022 by posting attested copies thereof, in the following locations in the Town on the __th day of October, 2022. Brewster Town Offices Café Alfresco Brewster Ladies Library Brewster Pizza House The Brewster General Store Millstone Liquors U. S. Post Office _________________________________ Roland W. Bassett, Jr. Constable TOWN CODE AMENDMENT - COMMUNITY PRESERVATION COMMITTEE BYLAW Proposed changes ARTICLE NO. 14: To see if the Town will vote to amend the General Bylaws, Section 17, to delete Sections 17-4 and 17-5 in their entirety, with such revision to take effect on July 1, 2023, as follows: Section 17-1. Membership of the Committee – There is hereby established a Community Preservation Committee, consisting of nine (9) voting members. pursuant to the provisions of Section 298 of Chapter 149 of the Acts of 2004, as amended by Sections 129-133 of Chapter 352 of the Acts of 2004. The composition of the Committee, the appointing authority and the term of office for the committee members shall be as follows; one member of the Conservation Commission, as designated by said Commission; one member of the Historical Commission, as designated by said Commission; one member of the Planning Board, designated by the said Board; one member of the Recreation Commission, as designated by the Commission; one member of the Brewster Housing Authority, as designated by said Authority; and four individuals to be appointed by the Board of Selectmen. Each member of the Committee shall serve a term of three years or until the person no longer serves in the position or on the board or on the committee as set forth above, whichever is earlier. Should any of the officers and commissions, boards or committees who have appointing authority under this bylaw be no longer in existence for whatever reason, the Board of Selectmen shall appoint a suitable person to serve in their place. Any member of the committee may be removed by the Selectmen, with prior notice to the member and a hearing, for good cause. Section 17-2. Duties – The Community Preservation Committee shall study the needs, possibilities and resources of the town regarding community preservation. Every five years, the Committee shall conduct a public process to develop a plan that presents goals for the eligible categories and a proposed allocation policy. The policy will include guidelines for the allocation of CPA funds, expressed as target percentages for each eligible category. As guidelines, the actual percentages may vary by category and from year to year. A. On an aAnnually,nnual basis, Tthe Committee shall consult with existing municipal boards, including the Conservation Commission, the Recreation Commission, the Historical Commission, the Planning Board, the Department of Public Works, and the Housing Authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the committee shall hold one or more public informational hearings, at its discretion, on the needs, possibilities, and resources of the town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the town. Commented [LFG1]: Typo? Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" B. Every five years ending in “ “: (1) the Committee shall conduct a public process to develop a Community Preservation Plan (“CPP”) establishing goals for expenditures in each of the eligible CPA categories. The CPP shall include a Target Allocation Policy (“TAP”) setting forth nonbinding guidelines for the next five years for the allocation of CPA funds amongst eligible expenditure categories, expressed as percentages of estimated annual revenues. (2) Following adoption of the CPP under Section B(1), the non-binding TAP contained therein shall be presented to Town Meeting as a proposed amendment to Section 17-4(B) of this bylaw. Section 17-3. The Community Preservation Committee shall make recommendations no less than annually to the Town Meeting for the acquisition, creation and preservation of open space, for the acquisition and preservation of historic resources, for the acquisition, creation and preservation of land for recreational use, for the creation, preservation and support of community housing and for rehabilitation or restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided in this section. Section 17-4. A. Annual Minimum Recommendations. . As required by MGL 44B, sec.6, iIn every fiscal year, the Community Preservation Committee shall recommend that Town Meeting spend, or set aside for future spending, the fixed figures of fifty (50%) ten percent (10%) of CPA the estimated net annual revenues in the Community Preservation Fund for open space and recreation purposes, not less than ten percent (10 %) of the netCPA estimated annual revenues for community housing purposes, and ten percent (10 %) of CPA the net estimated annual revenues for historic resources purposes. In every fiscal year, the Community Preservation Committee shall recommend that Town Meeting spend or set aside for future spending the remaining thirty (30%) twenty (20%) percent of the net annual revenues for community housing, recreation and historic resources any purposes, but not for open space purposes. B. For each of the fiscal years FY24 through FY28, and until otherwise voted by Town Meeting, the non-binding TAP shall be as follows: 30% open space; 30% community housing; 10% recreation, 10% historic preservation, and 20% to be allocated as recommended by the CPC. Actual CPC recommendations may vary from the non-binding percentages set forth in the TAP. Notwithstanding the foregoing, the net annual revenues paid into the Community Preservation Fund shall be dedicated to open space purposes until such time as prior appropriations made Formatted: Indent: Left: 1", No bullets or numbering pursuant to the so-called Land Bank Act have been fully expended, even if the aggregate amount of such expenditures exceeds 80% of the annual revenues. In addition, the Community Preservation Committee shall apply the target guidelines developed under Sec 17-2 to the total net revenue in the Community Development Fund and recommend spending for open space, community housing, recreation, historic preservation, and fund administration. The guidelines for the period FY24 through FY 28 are the following: 30% open space, 30% community housing, 10% recreation, 10% historic preservation, with the remainder spent among the four eligible categories and administration as the CPC recommends. Section 17-5. Provided that the Community Preservation Act is accepted at the 2005 Annual Town Election, this section shall take effect upon approval by the Attorney General of the Commonwealth of Massachusetts and after all the requirements of Mass. Gen. Laws, ch. 40, § 32 have been met. Each appointing authority shall have thirty (30) days after the effective date to make its appointments or to take any other action relative thereto. (Majority Vote Required) Finance Committee Minutes September 21, 2022 Page 1 of 5 TOWN OF BREWSTER FINANCE COMMITTEE Date: September 21, 2022 Time: 6:00 PM MEETING MINUTES Present: Chair Pete Dahl, Vice Chair Frank Bridges, Clerk Bill Meehan, Robert Tobias, William Henchy (6:15), Bob Young, Andy Evans, Honey Pivirotto, Alex Hopper Also present: Peter Lombardi, Town Administrator; Mimi Bernardo, Finance Director Absent: The Chair called the meeting to order at 6:01 pm and announced a quorum. Pursuant to Chapter 107 of the Acts of 2022, this meeting will be conducted in person and via remote means, in accordance with applicable law. This means that members of the public body may access this meeting in person, or via virtual means. In person attendance will be at the meeting location listed above, and it is possible that any or all members of the public body may attend remotely. No in-person attendance of members of the public will be permitted, and public participation in any public hearing conducted during this meeting shall be by remote means only. Additionally, the meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brerwster-ma.gov), or Video recording (tv.brewster-ma.gov). 1.Public Announcements and Comment- none 2.Town Administrator/Finance Director Report Peter Lombardi said on September 12th, the Select Board held their FY23 tax rate classification hearing as they do every year at this time. At that hearing, Jim Gallagher, Deputy Assessor, does a great presentation, our maximum allowable levy is a little under $41M. Our excess levy capacity is more than we originally anticipated. Town Meeting authorized the debt exclusions for the Long Pond Property. After we pay off that debt, anticipated to happen in the next several years, that excluded debt will drop off. The valuations across town increased across the board 20%, residential increased 20.5% - Select Board adopted residential factor of 1; with that, the new rate is $6.99/1,000 (decrease of 11%). As valuations increase, the rate has come down. Jim Gallagher put together a nice slide which tracked all of these to show the dramatic changes in valuation and the impact that has had. The median single family tax bill increased by 6.5%; 40% of that is the debt exclusion from the Bay Property. He went on to say that DOR certified Free Cash at a little more than $4.6M, which is another record high. We were at $4.5M last year which was an all-time high. The last sheet is a high-level summary of budget to actual which Mimi Bernardo prepared – looking at expenses, we were a little over 2%, in terms of departmental turn backs, but nothing too significant. Our revenues came in at almost 6% above our benchmark. The two major factors there are both traditional and short-term rental incomes which is about ½ of the extra revenue brought in. This was well above what we expected, both significantly above what we have seen in any prior year. Across the board, vehicle excise tax, license and permits, all our local receipts were at an all-time high. It has been hard to get a handle on what is part of the pandemic dispensation and what is our new reality. Approved: VOTE: Finance Committee Minutes September 21, 2022 Page 2 of 5 Andy asked what is on the budget for short-term rentals this year? Peter Lombardi answered $750,000. We build our revenue projections in the Winter for the following year’s operating budget and don’t have these actuals until well after Town Meeting. So, we go off the prior year’s actuals. Frank said he remembers the expense side and asked if we picked up about $500,000 in fringe dollars. Peter Lombardi said that is correct. It was higher than expected. Unlike other municipalities, we typically budget actual for health insurances. It was higher than we have seen historically. Robert said we got about $300,000 more under educational expenses, what budget was that in? Peter Lombardi said that was for this year’s operating budget that created that extra capacity. Pete said Free Cash looks in great shape. 3.Overview and Discussion of Town Meeting Warrant Draft Peter Lombardi said we have 15 Articles right now, the Warrant was opened by the Select Board on September 12th, and after their October 17th meeting, it will be closed. The deadline for citizen’s petitions is September 28th. None yet, but we will see if more come in. there might be one or two articles added in the next week or so that are not major policy issues. He then went through all the articles one by one. We are nearing the finish line to having all on open gov. Also with the Town Charter, expected to soon be approved by the State Legislature, the planning process would be led by town staff much like the budget. We have typically done capital planning on the same cycle as the annual operating budget. But most of our capital comes to Town Meeting in the fall once we’ve certified free cash. We are starting on the five-year process earlier than usual this time and this will become the norm - doing Capital Planning in the summer going into the fall with a summary/update in the spring. Frank said in the discussion with the Select Board, was there some give with the 90 second rule? That seems very small. Peter Lombardi said it’s been 3 ½ months since that meeting, and he is unsure if that is the right answer, it was just proposed as something that was suggested because other meetings had done so. Pete said we are not here to discuss the meat of that article which may or may not be on this. Bill Henchy said he saw that proposal as a little alarming and does vividly recall the last meeting due to his sunburn, but 90 seconds seems far outside the realm of other meetings. That one seems to be ill-advised as it should be the Moderator to handle at meetings individually. Pete asked for copies of Town Meeting Time for the Committee. Bill Meehan said that we should encourage the Moderator to cut in and make sure that doesn’t happen again. Peter Lombardi said that the Moderator made comments to that effect on the June 6th Select Board Meeting and encouraged anyone interested to review that video. Honey said that the Vision Planning Committee has done such extensive work. She is the liaison to that committee. Hal Minus reached out to her to ask if the Finance Committee would like a presentation on their article before the warrant goes to print. From a Finance Committee perspective, she would hope to learn what the financial implications would be from it as well. This is really our roadmap for the next decade and is important for us as the Finance Committee. Peter Lombardi said that on October 12th there will be a Public Hearing. The Vision Planning Committee will make a full presentation to the Planning Committee and the Select Board. The intent is that the plan would be finalized and approved in its final form to be included in the warrant book that goes to print the following week. Next week might be the best week for them to make a presentation to the Finance Committee. 4.Discussion and Vote on Town Meeting Warrant Articles a.Article 1 – Outstanding Obligations b.Article 9 – Bylaw Amendment – TM Warrant Deadlines Finance Committee Minutes September 21, 2022 Page 3 of 5 a. Article 1 – Outstanding Obligations Bill Meehan MOVED to approve Article 1 on the Special Town Meeting Warrant to pay outstanding obligations for the Town, subsection A Brewster Elementary School wages, the sum of $1,770; subsection B Utilities Eversource, the sum of $304.50; subsection C Employee Benefits/Department of Unemployment Assistance, the sum of $2,450.93; subsection D Building Department/WB Mason, the sum of $127.99. Bill Henchy second. Roll Call Vote: Bill Meehan – yes, Frank Bridges – yes, Honey Pivirotto – yes, Bob Young – yes, Robert Tobias – yes, Andy Evans – yes, Alex Hopper – yes, Bill Henchy – yes, Chair Pete Dahl– yes The Committee voted: 9-yes 0-no Pete asked about the Brewster Elementary School wages of $1,770. Mimi Bernardo answered she received a letter from Wanda Sanderson, who works at the school, explaining they had an employee due for a step increase and it got missed. Unfortunately, because they are wages from a past Fiscal Year, they cannot be paid until after Town Meeting. Pete asked what the source of funds is – Peter Lombardi answered that this all comes from Free Cash. Peter Lombardi did want to note that subsection C is a little bit of a moving target because we may get more bills from the State. We knew they were behind. We thought they would find a way to not treat this as an unpaid bill, but here we are. b. Article 9 – Bylaw Amendment – TM Warrant Deadlines Bill Meehan MOVED to approve Article 9 on the Special Town Meeting Warrant to amend the bylaws with respect to Special Town Meeting Warrant deadline as printed in the Warrant. Andy Evans second. Roll Call Vote: Bill Meehan – yes, Frank Bridges – no, Honey Pivirotto – yes, Bob Young – yes, Robert Tobias – no, Andy Evans – yes, Alex Hopper – yes, Bill Henchy – no, Chair Pete Dahl– yes The Committee voted: 6-yes 3-no Peter Lombardi said the language in our current bylaws talks about the warrant closing 75 days before the Annual Town Meeting. State Law grants discretion to the Select Board. This has always been interpreted to apply to citizens petitions only. Full disclosure, there may be further changes to the language once we hear from town counsel about the bylaw as written right now to clarify. Bob asked why we have two different time frames for Special Town Meeting and regular Town Meeting. Peter Lombardi said that is not unusual. Pete said often Special Town Meetings are called for specific issues so flexibility in a short horizon to call a special town meeting may happen – almost on an emergency basis. Bill Henchy said he looked at the existing bylaw which is a throwback to where the budget article was in the hands of the Finance Committee solely. There is a wrinkle in that the General Laws that obligates the Select Board to include in the Warrant any article which is sought by 10 registered voters of the town for Annual Town Meeting or 200 registered voters for Special Town Meeting. He thinks the intention is to set when the Warrant is closed, the Warrant is closed. Peter Lombardi said that, historically, Brewster has taken the 75 days to be the deadline for Citizen’s Petitions only. That has been the practice for many years. Bill Henchy asked if the Select Board presently closes the Special Town Meeting Warrants 45 days out. Peter Lombardi answered they do not. They have kept it open closer to Town Meeting than the 45 days. Bill Henchy said if the Select Board leaves flexibility for themselves, he would find it appropriate that whenever the Warrant is closed, that would be the deadline for all other articles assuming it is lawful in the General Laws. Peter Lombardi said that the intent is to clarify the number for Special Town Meeting as it has been for Annual Town Meeting. Finance Committee Minutes September 21, 2022 Page 4 of 5 b.Update – Nauset Regional HS Building Project and SBC The Committee discussed the recent meetings and seemed to have difficulty finding their meetings and zoom links to attend the meetings and then to receive Minutes and other information on a regular basis. Peter Lombardi said he receives emails regularly regarding their meetings and suggested Pete ask Greg Levasseur, School Building Committee Chair, to send him the information as well. Frank said he went on the Brewster Town Website and clicked the link to their website, but you must go in to the Nauset School Committee website which is part of the Wellfleet website, and it has all the information there. The School Committee has updates, the Building Committee doesn’t seem to have updates listed. Pete said it was posted on the Nauset Regional School Committee website calendar. It does raise the issue of us being on top of the committees we are liaising with. Honey asked if it were possible to request receiving the Minutes of those meetings. Pete said this is a huge project and it’s important for us to be on top of any financial issues with which we need to have some familiarity. Greg Levasseur offered to come make a presentation on the current situation. The Committee seemed positive about that. Pete commended the Town Administration for switching to remote so quickly and smoothly and this is how we want these meetings to go so that as many members/people as possible can attend from wherever they are. c.Update – NRSC Reconciliations Bob said he hasn’t seen the reconciliations yet. He is particularly interested to understand in how the information they provided answers the question how the Reserve for Negotiations is used for the negotiations. How much was used for the multi-year increases in steps and lanes vs. salary increases? We saw budgets that didn’t include some of the regional and local schools that were somehow funded without being in the budget presented. So, he suspects this funding came out of the reserve for negotiation line item. Pete said it does pose the question as to how their budget process went last year. It points to us having to be in attendance, where we appoint one or more liaisons to attend these meetings where they discuss their budgets. Peter Lombardi said that the updated Select Board strategic plan has been trying to make headway on this front for several years. This year, we plan to develop our five-year forecast, understand what our constraints/limitations are and convey them clearly and early to the schools so when they go through their process they can see where we can go with an increase. They will then go through their process. If they end up coming in with a budget more than that amount, then that would likely require an operating override to be voted at Town Meeting and at the ballot. He has shared that with Nauset School Officials. Honey believes this is the best way to proceed. Bill Henchy agrees. d.Update – School Consolidation Robert said there has been no decision, but deliberations continue. He does have information from Principal Gauley on what the implications could be to consolidate. It seems, currently, they are leaning against consolidation. e.Liaison Reports and Assignments- defer f. Town Meeting Schedule- defer g. Request for agenda items for future meetings – please email Pete Finance Committee Minutes September 21, 2022 Page 5 of 5 h. Matters Not Reasonably Anticipated by the Chair- none i. Next Finance Committee Meeting – 9/28/22 j. Adjournment Bill Meehan MOVED to adjourn the meeting at 7:57PM. Bob Young second. Roll Call Vote: Bill Meehan – yes, Frank Bridges – yes, Bob Young – yes, Alex Hopper – yes, Honey Pivirotto – yes, Robert Tobias – yes, Andy Evans – yes, Bill Henchy – yes, Chair Pete Dahl– yes. The Committee voted: 9-yes 0-no Respectfully submitted, Beth Devine Packet of supporting materials on website for public review.