HomeMy Public PortalAboutSelect Board -- 2022-11-07 Minutes'T'own of Brewster
MINUTES OF THE SELECT BOARD MEETING
DATE: November 07, 2022
TIME: 5:45 PM
PLACE: Remote Participation
2198 Main Street
Brewster, MA 026314898
hones (508) 896-3701
www.brewster-ma.gov
Office of:
Select Board
Town Administrator
11
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REGULAR SESSION
REMOTE PARTICIPANTS: Chair Whitney, Selectperson Chatelain, Selectperson Bingham, Selectperson
Chaffee, Town Administrator Peter Lombardi, Assistant Town Administrator Donna Kalinick, Attorney John
Mooradian, Kate Lena, Katie Miller Jacobus, Keith Gauley, Steve Guditus
ABSENT: Selectperson Hoffmann
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Whitney called the meeting to order at 5:45pm, read the meeting participation and recording
statements and declared a quorum by announcing members of the Select Board present.
Executive Session: Review &Vote on Executive Session Minutes
Selectperson Chatelain moved to enter executive session. Selectperson Chaffee second. A roll call vote was
taken. Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Chatelain- yes, Chair Whitney -yes.
The Board vote was 4 -Yes, 0 -No.
The Select Board returned to open session at 5:52pm.
Select Board Announcements and Liaison Reports
Selectperson Chaffee noted that the Barnstable County Assembly of Delegates passed a resolution on
November 2 in opposition to Eversource Energy's purposed 5 -year herbicide spraying plan. The resolution
will be submitted to the Massachusetts Department of Agricultural Resources.
Mr: Lombardi shared that Eversource has extended their public comment period and will be holding a
second informational forum in December. The information will be posted on the Town website in the next
couple of days.
Selectperson Bingham noted the success of the Crosby Haunted Mansion.
Consent Agenda
a. Meeting Minutes: October 17, 2022
b. Vote to Sign Letter of Support for Administration's Application to the CPC for Funding of the Housing
Coordinator Position
c. Execute &Sign Conservation Restriction for Brewster Conservation Trust: 90 Squantum Path
d. One Day Liquor License Application: Brewster Sportsman's Club
e. Vote on Comp Time Limits for Seasonal Bylaw Employees: Superintendent of Golf Maintenance
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2198 Main Street
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Select Board
Town Administrator
Selectperson Chaffee moved to approve the Consent Agenda. Selectperson Bingham second. A roll call vote
was taken. Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Chatelain-yes, Chair Whitney -
yes. The Board vote was 4 -Yes, 0 -No.
Assignment of Articles for November 14, 2022 Special Town Meeting
No questions or comments regarding the assignment.
Town Administrator's Report
Mr. Lombardi shared an update on the following topics:
• Citizens Petition, allowing bow hunting in the Punkhorn for 3 weeks
o After two extensions, the Attorney General's Office approved the bylaw.
o Department of Natural Resources and Town Administration continues to work with town
counsel to practically implement the bylaw in a way that is consistent with the private
residences, road and trails and making sure it is consistent with the state statute.
o Plan to hold a joint meeting with the Conservation Commission, Select Board, and Water
Commissioners on November 22 to make sure all three entities that have care, custody and -
control over the land have an opportunity to talk through how this will be implemented and
to educate residents and hunters in advance of the bow hunting season.
• Barnstable County spending of ARPA funds
o County is proposing to appropriate a little under $13M in County ARPA funds to support a
host of regional initiatives related to water quality, wastewater, housing, public health, and
broadband. The Towns have received $10M, Brewster's share is a little under $500K.
• Cape Cod Bridges
o MassDOT continues to plan for replacement of the Bourne and Sagamore bridges and will
hold public forums on this project on November 15th & 17th. Details are in the packet.
• Community Planning Grant -Sea Camps
o Town was awarded $75K state grant funding for our planned work to help develop long-term
plans for both Sea Camps properties over the next year plus.
• Reminders:
o Election tomorrow, polls will be open from lam until Bpm at Brewster Baptist Church
o Veterans Day Ceremony this Friday November 11th at the Council on Aging on the front lawn if
inclement weather it will be held at the Fire Station.
o Town Meeting will be held next Monday at bpm at Stony Brook Elementary School, check in
starts at Spm. The Town held a public forum last Tuesday and developed an informational
video on key articles, links to it are available on the Town website homepage.
Public Announcements and Comments
None
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Town o� Brewster
2198 Main Street
Brewster, MA 026314898
Phone: (508) 896-3701
www.brewster-ma.gov
office of.:
Select Board
Town Administrator
Update on Nauset Reeional Hi>;h School Project &Vote on Special Election Warrant for Additional Debt
Exclusion
Mr. Lombardi shared that the project went out to bid, the general contractor bids were opened about 3
weeks ago. The project costs came in about $30M over budget, the School Building Committee has evaluated
several potential different proposals to advance the project. They voted in favor of seeking an additional
$38M to support moving forward with the project based on the bids that were submitted. The bids are good
for 90 days. Based on the recommendation to the school committee, they voted in favor of holding a district
wide election on Tuesday January 10th, this is the same format that the project was previously approved
under. The election will be held on the same day in all 4 towns, from 11am — 7pm. There will be a
concurrent Town election on the same day and same hours. The school election ballot will be seeking
approval of the additional $38.1M and the Town election ballot will seek voter approval to exclude the debt
from the levy. Both votes require a simple majority approval of a combined, the additional appropriation will
be a combined vote tally in all four towns, the debt exclusion will be separate to each town. More
information will be shared with residents, the Select Board, and the Finance Committee about the latest
developments in advance of the election. Mr. Lombardi shared that all four towns are planning to offer mail
in voting for this election. There will be no in person early voting.
Mr. Lombardi noted that the debt exclusion is important in Brewster, if the project were to receive voter
approval through the district wide election and Brewster didn't vote to exclude the debt, we would have to
identify ways to raise the funds within our existing levy limit. Approval of the debt exclusion is important
because otherwise we are looking at potentially funding this by making cuts elsewhere in the Town budget.
Selectperson Chaffee moved to call a Special Town Election to bring a debt exclusion ballot question to
Brewster residents. Selectperson Chatelain second. Selectperson Chatelain amended the motion and moved
that the Town submit the debt exclusion question for the member towns, shall the Town of Brewster be
allowed to exempt from the provisions of proposition two and one-half, so -called, the amounts required to
pay it allocable share of the additional bonds issued by the Nauset Regional School District to pay costs of
renovating and adding to Nauset Regional High School, located at 100 Cable Road, North Eastham,
Massachusetts, including the payment of all costs incidental or related thereto, said question to be put to the
voters on January 10, 2023. Selectperson Bingham second. A roll call vote was taken. Selectperson
Bingham -yes, Selectperson Chaffee -yes, Selectperson Chatelain-yes, Chair Whitney -yes. The Board vote was
4 -Yes, 0 -No.
6:15pm Public Hearing- Annual All Alcohol Beverage
License Transfer and Pledge of Collateral- A Rose
Realty Inc, d/b/a Ferretti's Market
Selectperson Chaffee moved to open the public hearing. Selectperson Bingham second. A roll call vote was
taken. Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Chatelain-yes, Chair Whitney -yes.
The Board vote was 4 -Yes, 0 -No.
Attorney John Mooradian joined the meeting on behalf of Ferretti Liquors Market, Inc., his client is
purchasing Ferretti's market and are seeking a transfer of the beer and wine package store license, Navin
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Office-of.
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Patel is the manager of record and is also seeking approval of the pledge of the license inventory. This is a
change of business ownership; the store footprint is not changing. Mr. Patel is TIPS certified, has experience
with package store sales and is the co-owner of the Hyannis package store. He anticipates having 5-7
employees depending on the season. Store hours will be 630am —11pm Monday- Sunday and alcohol sales
will be as permitted by law, Monday to Saturday 8am —11pm and Sunday starting at 10am. The market will
continue to operate as a convenience store with beer and wine and the deli. The new owners will work with
the Board of Health for additional permitting. The ABCC takes 6-8 weeks post hearing to approve the license.
Selectperson Bingham moved to close the public hearing. Selectperson Chaffee second. A roll call vote was
taken. Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Chatelain-yes, Chair Whitney -yes.
The Board vote was 4 -Yes, 0 -No.
Selectperson Bingham moved to approve the transfer of liquor license. Selectperson Chatelain second. A
roll call vote was taken. Selectperson Chatelain-yes, Selectperson Chaffee -yes, Selectperson Bingham -yes,
Chair Whitney -yes. The Board vote was 4 -Yes, 0 -No.
Presentation on Opioid Abatement Funds &Potential Regional Solutions- Kate Lena, Barnstable County
Department of Human Services
Kate Lena noted that the abatement funds are not awarded from Barnstable County but from the State. The
key points of the Opioid Recovery and Remediation Fund presentation include:
• Introduction and Background- 2021$266 Federal settlement agreement, with $500M coming to
Massachusetts with the intent to bring relief to those struggling with substance abuse disorder.
Funds are provided directly to individuals, towns/cities, counties and the state department of public
health. To support the work an advisory council was created with representation from all over the
commonwealth, including Cape Cod.
• State Guidelines for municipal spending includes encouragement to pool abatement funds to
increase their impact. Funds cannot to be used to fund care already being reimbursed by the state.
The seven broad topics in the areas in which the state is requiring the funds to be used was reviewed:
o Opioid use disorder treatment
o Support people in treatment and recovery
o Connections to care
o Harm reduction
o Address the needs of criminal -justice -involved -people
o Support pregnant or parenting women and their families
o Prevent misuse of opioids and implement prevention education
• Regional Substance Addiction Council (RSAC) General Recommendations, collected by community
members and evidence based and based on needs of residents on Cape Cod.
o Pool funds and collaborate with area municipalities
o Involve people impacted by substance use disorder in the conversation of how to spend the
funds
o Create evidence- based plans for spending
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Town, of Brewster,
2198 Main Street
3 a = Brewster, MA 026314898
ti\ Phone: (508) 896-3701
www.brewster-ma.gov
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Office of:.
Select Board
Town Administrator
o Spend funds on substance use -related projects that will directly impact people with substance
use disorder and their loved ones
Review of the RSAC guidance on prevention, harm reduction, recovery and treatment
RSAC menu of program examples are evidence based and identified as interventions needed on Cape
Cod. The encouragement from the County is how to develop a comprehensive substance use
program that is best serving to residents.
• Review of available resources and references.
Ms. Lena noted that from the County's understanding the funds need to be spent within the fiscal year that
they are dispensed, but there are some mechanisms to be able to carry them over. Adding that there is an
amendment at the state level that would designate the funds as their own to be exempt from the traditional
local finance laws. Mr. Lombardi added that on page 163 is a one-page document that outlines how much
each Town had been allocated, in the first few years looking at $20-$301< in annual payments, then it drops
to $12-$161< per year starting in FY26 and through FY38. Right now, absent an appropriation these are
miscellaneous revenues that aren't available for expenditure in FY23. Mr. Lombardi noted that the Town has
options; allow the funds to fall to free cash or create a special purpose reserve fund, which would require
Town Meeting to appropriate these revenues into the account, and when looking to appropriate funds for a
particular service, would need to go back to Town Meeting, Mr. Lombardi shared that he has met with the
Fire Chief, Police Chief and Health Director on how Brewster could potentially use these funds and is eager to
hear some potential regional initiatives to make sure our share of the funds would be leveraged to make the
greatest impact.
Update on School Committee Decision Reeardine Potential Elementary School Consolidation- Katie Miller
Jacobus, Brewster School Committee Chair (Select Board FY23-24 Strategic Plan Goal CI -3)
Katie Miller Jacobus, Keith Gauley, and Steve Guditus, Principals from the elementary schools, joined the
meeting. Ms. Miller Jacobus stated that the school committee at their Oct 20th meeting voted to table
consolidation at this time because neither school can accommodate the pre -K through grade 5 student
population until we see further decline in enrollment. The school committee will continue to monitor
enrollment figures. Over the course of the last 10 months, the school committee considered multiple
sources, and received a very granular quantity study last January. Through staff input, public forum input
that included multiple stakeholders, site visits and ongoing discussion with administration and meetings,
there have been multiple concerns on how to maintain the excellent academic programming. Additionally,
there may be a need for additional main classrooms based on the class sizes, plus with the integrated pre -k
program offing full day there was an increase in classrooms, plus a waitlist. It is the school committee charge
on how to best serve the educational needs, not just numbers you can fit into the building, but qualitative
concerns as well.
Selectperson Chaffee
goals cannot be accomplished through consolidation at this time. Pleased to hear that the school committee
shared that she supported the consolidation as long as it did not compromise the
quality of educational programs and if it provided real cost savings. The analysis completed shows that the
will continue to re-evaluate if variables change.
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There was a question regarding separating the pre -K from the other student population, Ms. Miller Jacobus
noted that this would require having multiple services (nurse, OT, PT, janitorial, etc.) and would not offer any
benefit and additionally the school committee feels they still would not have the space.
Mr. Lombardi asked if in the course of the discussion was there a specific threshold where enrollment would
get to that the school committee would pick this back up and discuss consolidation again? Ms. Miller
Jacobus shared that the threshold would be that there would be three sections per grade, not the four that
we have currently. Mr. Gauley agreed, adding that school counsel recommendation is to look at the low to
mid 50s range, which would be along with the class size recommendations and guidelines.
Discuss and Vote on Updated Memorandum of Understanding Between Cape Light Compact and Town of
Brewster Regarding Energy Manager Position — Select Board FY23-24 Strategic Plan Goal CA -1
Mr. Lombardi stated that we have not received the final information from the Cape Light Compact and will
place on a future agenda.
Review and Vote to Sign Lease Agreement with Dish Wireless, LLC for cabinet space at -1657 Main Street
Cell Tower and Request for Consent to Install Equipment at the above location from Crown Castle on
behalf of Dish Wireless, LLC and Review and Vote to Sign Lease Agreement with AT&T Mobility Corp. for
cabinet space at 1657 Main Street Cell Tower
Ms. Kalinick presented information about both this agenda item and the next one regarding the lease
agreement with AT&T Mobility Corp. There is a cell tower at the Fire Station in which the Town currently
have a master lease with Crown Castle and there are two additional cabinet spaces at the location. One is
currently occupied by AT&T, the lease term is nearing with no options to renew. The Town issued a request
for proposals for both cabinet spaces and received replies from AT&T to continue at the space they currently
have as well as a proposal from Dish Wireless to occupy the second cabinet space. The lease agreements
were reviewed by Town Counsel, there is base rent plus a 40% co -location fee. For Dish Wireless there is a
request from Crown Castle to allow for the installation of equipment. Ms. Kalinick recommends the board
sign the request, it will not be released until we have the two items that are required, a full set of plans
(available in the packet) and a $5,000 removal bond, along with a schedule for construction which will
require them to go through the permitting process with the Building Department.
Selectperson Chaffee moved to sign the lease agreement with Dish Wireless LLC for cabinet space at 1657
Main Street cell phone tower and request to consent to install equipment at the above location from Crown
Castle on behalf of Dish Wireless, LLC. Selectperson Bingham second. A roll call vote was taken.
Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Chatelain-yes, Chair Whitney -yes. The
Board vote was 4 -Yes, 0 -No.
Selectperson Chaffee moved to vote to sign the lease agreement with AT&T Mobility Corp. for cabinet space
at 1657 Main Street cell tower. Selectperson Bingham second. A roll call vote was taken. Selectperson
Chaffee -yes, Selectperson Bingham -yes, Selectperson Chatelain-yes, Chair Whitney -yes. The Board vote was
4 -Yes, 0 -No.
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2198 Main Street
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vi Phone: (508) 896-3701
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office of:
Select Board
Town Administrator
Review and Vote
to Allow Two Family Trust to
Assign
the
Lease
Agreement
for Lot #3 in Freeman's Way
Industrial Park to
James Trainor & Conditionally
AuDrove
and Sign
Memorandum of Lease Extension
Mr. Lombardi stated that when commerce park was formed, town meeting approved the formation of a
separate Brewster Industrial Development Financing Authority. This authority was given responsibility of
development of the park and had the legal authority to enter lease agreement with tenants. In 1985, the
authority entered a 30 -year lease with E&J realty Trust for use of lot 3. In 1990 the authority was dissolved,
and the Select Board was given jurisdiction of Commerce Park. The original lease included a one-time 20 -year
option through to 2035. The tenant provided notice to the Town when the initial term was up in 2015, but
due to a variety of circumstances the matter was not taken up by the Town at the time. The tenants have
been making regular lease payments to the Town. -
Selectperson Chaffee moved to allow Two Family Trust to assign the lease agreement for lot #3 in Freeman's
Way Industrial Park to James Trainor and to conditionally approve and sign memorandum of lease extension.
Selectperson Chatelain second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Chaffee -
yes, Selectperson Bingham -yes, Chair Whitney -yes. The Board vote was 4 -Yes, 0 -No.
Discuss Need to Update Select Board Policy #6: Appointments to Town Committees
Mr. Lombardi noted that the previous policy included provision for non -Brewster voters, part-time residents
to be appointed to serve on some ad hoc or advisory committees that the Select Board has jurisdiction over.
We have a number of vacancies on various board and committees, it is not explicit in the charges for
committees the extent to which the Select Board supports part-time residents to serve on these boards or
committees.
Selectperson Chaffee stated she is comfortable to open the opportunity to part-time residents to all boards
and committees listed on the memo except for the following: Natural Resources Advisory Committee, Open
Space Committee, Vision Planning Committee. Selectperson Chatelain would add Pleasant Bay Alliance to
the list.
The Select Board discussed setting a limit of the number of non -voters on boards and committees. One per
committee to start with to evaluate. The charges for the committee/boards that will allow for non -voters
will be updated and voted on at a future meeting. Selectperson Chaffee noted that we are not setting aside
a non-voter position, but if there was a qualified applicant they could be appointed.
For Your Information
No comments
Matters Not Reasonably Anticipated by the Chair
Mr. Lombardi noted that Article #9 on the Special Town Meeting warrant looks to explicitly set deadlines for
the submission of citizens petitions to be included on the Special Town Meeting warrant and to clarify the
deadline for Annual Town Meeting. The current bylaw, that has been on the books for 45 years has been
practically implemented, citizens petition for ATM are due 75 days in advance but has been silent on
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www.brewster-ma.gov Page 7 of 8
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deadline for STM. The long-standing practice has been a deadline of 45 days in advance. The feedback
received from the Attorney General's Office is that while other towns have a similar bylaw that has been
approved in years past, they have taken a different perspective on the bylaws recently and likely would not
approve the bylaw as drafted as it would inhibit citizen access to submitting a petition for inclusion in the
Town meeting warrant. Based on this feedback, which was not expected, Mr. Lombardi recommends that
the Select Board make a motion to indefinitely postpone Article 9. Mr. Lombardi noted that the Town will
have to re-examine our procedures and recommend to citizens to submit by a date to help them achieve the
policy ends they are seeking in their petition but can't reject a citizen petition as long as it is submitted in
advance of the warrant being posted.
Questions from the Media
None
Next Meetings
November 10 (Attend Natural Resources Advisory Committee), November 14 (Town Meeting), November 22
(Joint with Conservation Commission and Water Commission), December 5; December 12, and December 19
2022
Adjournment
Selectperson Chaffee moved to adjourn at 7:09pm. Selectperson Chatelain second. A roll call vote was taken.
Selectperson Bingham -yes, Selectperson Chatelain-yes, Selectperson Chaffee -yes, Chair Whitney -yes. The
Board vote was 4 -Yes, 0 -No.
Respectfully submitted by Erika Mawn, Executive Assistant
Approved:
12/06/2022
Signed:
Date Selectperson Hoffmann, Clerk of the Select Board
Accompanying Documents in Packet: Agenda, TA Report, Consent agenda items, Public Hearing documents, Town meeting article
assignments, Opioid abatement funds presentation, School Committee decision on elementary school consolidation, Nauset Regional
High School project documents, MOU with Cape Light Compact, Lease Agreements (Dish Wireless LLC and AT&T Mobility Corp), Two
Family Trust Lease Agreement documents, Select Board Policy #6, FYIs.
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