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Home My Public Portal AboutSelect Board Meeting Packet 01.09.23From: Massachusetts Department of Energy Resources <stretchcode@mass.gov> Sent: Friday, December 23, 2022 4:29 PM To: Davis Walters <dwalters@brewster-ma.gov> Subject: Stretch Code and Specialized Opt-In Code Published Municipalities can now adopt the opt-in stretch code. Stretch Code and Specialized Opt-In Code Published Dear Stretch Code Stakeholders. Today, December 23rd, DOER’s updated Stretch Code and new Specialized Opt in Code (collectively, 225 CMR 22 and 23) were officially published the Secretary of State register. As a reminder, An Act Creating a Roadmap to Net Zero by 2050 required DOER promulgate a new Specialized Opt-in Code to be available for municipalities to adopt. Today, the new Specialized Opt-in Code is available for adoption. DOER has released guidance and model language for cities and towns seeking to adopt this new code. The specialized opt-in code builds on the energy efficiency requirements of Stretch Energy Code and requires any building using fossil fuel to be electrification-ready and install on-site renewables where feasible. The new stretch code, which will apply in the 300 cities and towns across the state who have adopted the Stretch Code is also finalized. You can find detailed code language at the DOER website. Official published copies of this language is also available from the Secretary of State bookstore. The requirements of the new stretch code phase in over time beginning in January 2023. More detail on the requirements and effective dates of the updated Stretch Code are also available in DOER’s November 2nd informational webinar slides and a recording available for review. Thank you for your engagement during 2022 on the code development process and we look forward to continuing to work with you all in 2023. For any questions, you can reach our team at stretchcode@mass.gov. Thanks, and happy holidays! Maggie McCarey Director, Energy Efficiency Division Massachusetts Department of Energy Resources 100 Cambridge St. Suite 1020 Boston, MA 02114 Share this email: Manage your preferences | Opt out using TrueRemove® Got this as a forward? Sign up to receive our future emails. View this email online. 100 Cambridge St. 9th Floor Boston, MA | 02114 United States This email was sent to dwalters@brewster-ma.gov. To continue receiving our emails, add us to your address book. 1. Call 833-273-6330 or visit color.com/covid-19-treatment-ma 2. Tell us about your symptoms. 3. Speak with a clinician to see if you are eligible. 4. Pick up your prescription at your pharmacy or get it delivered to your home. DO YOU HAVE COVID-19 AND HAVE SYMPTOMS? A new telehealth service can tell you if the COVID-19 pill is right for you. The pills can be sent to your pharmacy or to your home — for free! For more information, visit mass.gov/CovidTelehealth or call 833-273-6330. Free COVID-19 Treatments Available How it works: Select Board Mtg 01.09.2023 1 Agenda Item #9: Consent Agenda Cover Page a.Meeting Minutes: December 19, 2022 Draft meeting minutes from the Select Board regular session meeting on December 19, 2022 have been submitted for approval. Administration Recommendation: We recommend the Select Board approve the meeting minutes as presented. b.Acceptance of Gift: Golf Department Captains Golf Course has been gifted a memorial bench in honor of Vince Scales, a longtime golf department employee. The bench will be located on one of the golf courses at the discretion of the Director of Operations and the Superintendent. The Golf Commission voted unanimously to accept the gift. Administration Recommendation: We recommend that the Board approve the Golf Department gift. c.Items to be Declared Surplus for Sale, Transfer, or Disposal: Golf Department and Department of Public Works The Golf Department and Department of Public Works are requesting to declare items for surplus sale on GovDeals and items for disposal. The items for surplus sale will be posted on GovDeals once approved by the Select Board. The items for disposal have no real value. The list of items is included in the memos provided in the packet. Administration Recommendation: We recommend that the Board approve items to be declared surplus for sale and disposal. d.One Day Liquor License Application: Maplewood at Brewster Maplewood at Brewster, located at 820 Harwich Road has submitted a One Day Liquor License application with a request to serve wine at a private business party on Wednesday January 25, 2023 from 5.30pm – 7.00pm. They expect 24 guests at this event. The Police Chief, Fire Chief, Town Administration and Health Department have reviewed the applications and there are no concerns. Administration Recommendation: We recommend that the Select Board approve the One Day Liquor License application. e.Notice of Owner’s Intent to Sell Affordable Dwelling at 14 Yankee Drive, Unit 4: Town’s Election to Vote to Locate an Eligible Purchaser for the Dwelling The homeowners of this property notified the Town on January 5, 2023 of their desire to begin the resale process of the Subsidized Housing Inventory (SHI) home. The Town of Brewster has a right of first refusal to purchase the property or proceed to locate an eligible purchaser. The Town Planner, Assistant Town Manager and Housing Coordinator recommend to locate an eligible purchaser for the dwelling. Select Board Mtg 01.09.2023 2 Administration Recommendation: We recommend that the Select Board vote to elect to locate an eligible purchaser of the dwelling. f.Recycling Center Fee Waiver Request: 212 Yankee Drive Clean-up This property is under care, custody, and control of the Brewster Affordable Housing Trust, who is in the process of rehabilitating the home in order to re-sell it to an eligible affordable buyer. There are remaining contents in the garage that need to be disposed of at the transfer station. The request is to waive the disposal fees for this rehabilitation project. Administration Recommendation: We recommend that the Select Board vote to approve the waiver of disposal fees. g.Appointment: Bay Property Planning Committee Liaison, Jan Crocker Jan Crocker has been selected as the Cultural Council’s liaison to the Bay Property Planning Committee. The Cultural Council voted on December 12, 2022 to appoint Jan to this position. This term will end on June 30, 2023. Administration Recommendation: We recommend that the Select Board approve this appointment. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.19.2022 www.brewster-ma.gov Page 1 of 9 Office of: Select Board Town Administrator MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION DATE: December 19, 2022 TIME: 5:15 PM PLACE: Remote Participation REMOTE PARTICIPANTS: Chair Whitney, Selectperson Chatelain, Selectperson Bingham, Selectperson Chaffee, Selectperson Hoffmann, Town Administrator Peter Lombardi, Assistant Town Administrator Donna Kalinick, Sue Broderick, Erika Mawn, Jay Packet, Anne O’Connell, Chris Miller, Ryan Burch Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Whitney called the meeting to order at 5:15pm, declared a quorum by stating that all members of the Select Board are present and read the meeting participation and recording statements. Executive Session Review & Vote on Executive Session Minutes To discuss strategy with respect to collective bargaining if an open meeting may have a detrimental effect on the bargaining position of the public body and the chair so declares- SEIU Local 888 (DPW/Water/Golf & Library), OPEIU Local 6, IAFF Local 3763, NEPBA Local 78, Police Dispatch Union, and MassCOP Local 332. To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel- Personnel Bylaw and Police Personnel Bylaw Selectperson Hoffmann moved to enter executive session. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. The Select Board returned to open session at 6:00pm Public Announcements and Comment: None Select Board Announcements and Liaison Reports Selectperson Hoffmann noted that students shared music from the World Languages program at the most recent Brewster School Committee. Adding that the schools are working with the State to implement the new World Languages program proficiency standards and to create a model unit for the schools. Town Administrator’s Report Mr. Lombardi shared an update on the following topics: State Department of Environmental Protection (DEP) o The public comment period on the proposed changes to the Title V regulations and the new proposed Watershed permit regulations has been extended and will close on January 30, Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.19.2022 www.brewster-ma.gov Page 2 of 9 Office of: Select Board Town Administrator 2023. These regulations have various policy implications for Brewster and the Cape. DEP will be hosting two information session in January. o After the new Water Resources Task force meeting, the Town will be issuing a formal public comment that incorporates our collective questions, concerns, and consensus position on the regulations. o Mr. Lombardi has been invited to serve as the Town Manager representative on the Cape Cod Chamber of Commerce new Water Quality Task Force. o Mr. Lombardi will be meeting with Cape Cod Commission staff to receive an update on technical assistance on the State Revolving Fund and Cape and Island Water Protection Fund eligibility for some of our non-traditional wastewater solutions. The Town will be receiving a shipment of Covid test kits from the State, we will continue to have them available at Town offices. Officially launching the electronic permitting platform for the Building and Health Department. Applications can be completed online, and the status of permits can be tracked. The goal is to make for a better end user experience, to streamline internal processes, and improve communication between departments. Mr. Lombardi thanked Kathy Lambert (IT Director), Conor Kenny (Project Manager), Amy Von Hone (Health Director) and her team and Davis Walters (Building Commissioner) and his team. Mr. Lombardi acknowledged the great work departments have done in organizing programs and events that give back to our residents in need this holiday season. Consent Agenda a.Meeting Minutes: December 5 and 12, 2022 b.Fee Waiver Requests: Holiday Tree Disposal at Recycling Center c.Vote to Amend Certain Advisory Committee Charges to Allow Part-time Resident Members Selectperson Hoffmann moved to approve the Consent Agenda for December 19, 2022. Selectperson Bingham second. Selectperson Chaffee moved that the Natural Resources Advisory Commission be added to the list of certain advisory committees to allow part-time residents to serve on. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Debrief on Fall 2022 Special Town Meeting and Discuss Potential Next Steps for Wing Island Boardwalk, Vision Planning Committee, and Drummer Boy Park Phase I Improvements Mr. Lombardi stated that Horsley Witten has been instructed to stop any further phase 1 design work and remain in a holding pattern. The Town needs to revisit plans for reallocating the almost $5k in Barnstable County ARPA funds that need to be spent by 2024. The playground needs attention, the toddler play structure broke a few months ago and has been closed since. The Town worked with a local playground consultant to come up with a plan to reuse a portion of the structure and remove the rest of it and add a new climbing structure. The plan is to have the DPW remove a series of old plastic underdrains due to the Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.19.2022 www.brewster-ma.gov Page 3 of 9 Office of: Select Board Town Administrator loss of woodchips. New mulch will be added following the work on the structures. The playground space is within Conservation Commission jurisdiction and the Town has included in our application the removal of the old wooden structure at the back of the playground area. Removing of the structure will happen in the future. Phase 2 of the plan referenced making comprehensive upgrades, these plans are also on hold, however the Town will continue to maintain the area. The Select Board had agreed to hold a second public forum regarding the boardwalk and pledged to bring an article to Town Meeting this spring. Mr. Lombardi shared that Horsley Witten will update and refine the carrying capacity analysis to incorporate the ecological impacts on Wing Island, as well as cost estimates for the most recently discussed boardwalk scenarios. There was discussion on the Select Board’s support in placing a Conservation Restriction (CR) on Wing Island (to be held by the Conservation Commission), an opportunity to memorialize our existing practices, including the Town’s long-time partnership with the Museum of Natural History. The CR would require at least Town Meeting approval, Wing Island has Mass General Law Chapter 97 protections and may require a Special Act approved by State legislature. The feedback received regarding the Local Comprehensive Plan (LCP) was overwhelmingly positive except for specific concerns about the inclusion of the boardwalk and the Drummer Boy Park Master Plan. The Vision Planning Committee will be meeting in January to hold their own debrief. Ms. Kalinick noted that it is likely that the LCP as proposed right now would not pass at another Town Meeting until the issues that we are aware of have been resolved. The Vision Planning Committee would like to continue in primarily an educational role providing opportunities to educate on the purpose and value the LCP has to the community. Selectperson Hoffmann stated that she believes we are still listening to our community when making decisions about Brewster and made the following comments: There is a need to change the direction of the past and current discussions regarding the boardwalk to Wing Island. Future discussions should follow a process that engages and builds trust with the community. We need to consider placing a conservation restriction on Wing Island that would include a complete outline of current conditions and provide regulatory framework for the area to protect this unique and valuable resource. Concerns regarding the Drummer Boy Park Master Plan and possible lack of funding. Offered kudos to the DPW to try to address the issues in a creative way. Adding that we need to protect this resource, control the vehicular traffic flow, and manage and protect the viewshed. She suggests considering disentangling the Drummer Boy Park plans from the Wing Island plans until we work on future public engagement. Supports and applauds the hard work of the Vision Planning Committee on the LCP. Members of the Select Board shared their thoughts and ideas on a public forum regarding Wing Island, warrant article for Town Meeting and the Local Comprehensive Plan. The Board will discuss details of the forum at a future meeting. The Select Board is supportive of a Conservation Restriction and approves the start of due diligence in seeking support and guidance from Mark Robinson who has worked with the Town Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.19.2022 www.brewster-ma.gov Page 4 of 9 Office of: Select Board Town Administrator in developing Conservation Restrictions previously. There will be a more formal discussion and vote at the next Select Board meeting. Discuss and Potential Vote on Change to Board/Committee Meeting Format Mr. Lombardi noted that Town Administration has been receiving an increase in requests to allow in person participation. The State expanded Open Meeting Law provisions set to expire in March, the recommendation is to allow in person public participation either starting February 1 or March 1. Adding that the Board adopted a revised remote participation policy that will take effect once in person public participation is allowed: A majority of committee members must be in person Chair must be in person to Chair the meeting Chair is responsible to make sure committee members are present and the policy is being adhered to and administered fairly. There is a 75% minimum attendance requirement for members for other advisory boards Remote participation will continue to be an option Selectperson Hoffmann inquired about the policy that requires 75% attendance per fiscal year and how that would be calculated if in person public participation starts in February or March. Mr. Lombardi suggested that during the transition period before closing the fiscal year would be to prorate the percentage based on regularly scheduled meetings. Ms. Kalinick noted that the Board should allow boards and committees time to meet and discuss the policy and possibly make the start date March 1, 2023. Selectperson Chaffee moved that the Town of Brewster return hybrid meetings beginning March 1, 2023, allowing in person public participation. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. 6:30pm Public Hearing: Renew Annual Liquor Licenses: Apt Cape Cod, Island Blue Crab Food & Spirits Selectperson Hoffmann moved to open the public hearing and read the public hearing notice. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chaffee-yes, Select person Chatelain-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Selectperson Hoffmann expressed concern about issuing an Annual Liquor license for Apt Cape Cod, who has given notice to the Town Administration office that they will be closing. Ms. Mawn provided that the latest information is that Apt Cape Cod was closing as of January 1, 2023 and the property is for sale. Art Arnold, the owner of the property confirmed that Apt Cape Cod is closed, and the property is actively on the market. Mr. Arnold is looking to obtain the liquor license for the property. The process for transferring an annual liquor license was reviewed. Ms. Mawn shared that there are no available annual all alcoholic licenses and there is one establishment in Town that has requested an annual liquor license. Some members shared that they are not comfortable approving a liquor license for an entity Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.19.2022 www.brewster-ma.gov Page 5 of 9 Office of: Select Board Town Administrator that no longer exists and will not be using the license. Mr. Lombardi reiterated that the public hearing is a renewal for Apt Cape Cod, if the Board is inclined to transfer Apt’s license to Mr. Arnold’s business a transfer of license public hearing would need to be scheduled. Albert DeNapoli, an attorney representing the Kitchen Café expressed the interest of his clients in obtaining an annual all alcoholic licenses. He also expressed his concern in issuing a license to an applicant that does not exist. Selectperson Hoffmann moved to close the public hearing and read the public hearing notice. Selectperson Chatelain second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Bingham-yes, Select person Chatelain-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Selectperson Hoffmann moved that the Board vote to approve the renewal of annual all alcoholic restaurant licenses pending they pass their annual inspections, have submitted the required liquor liability insurance and all financial obligations have been paid to the Town, Island Blue Crab Food & Spirits. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Bingham-yes, Select person Chatelain-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Selectperson Hoffmann moved that the Board vote to approve the renewal of annual all alcoholic restaurant licenses pending they pass their annual inspections, have submitted the required liquor liability insurance and all financial obligations have been paid to the Town, Apt Cape Cod. Selectperson Bingham second the motion for discussion. Selectperson Chatelain proposed to renew the license for two months to provide the owner time to form a plan for the coming season. Kellie Schindel of Old North Road asked if the Board is going to set the precedent of transferring liquor licenses from one entity to another at a particular location, how does that enable any new entity to ever get a liquor license? Something important to consider in the decision. Selectperson Hoffmann amended the motion that the Board vote to renew the license with the condition of being available for eight weeks. Selectperson Chaffee second. Chair Whitney clarified that the condition of the license is that there would have to be paperwork submitted for a transfer in the next eight weeks. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Bingham-no, Selectperson Hoffmann- no, Chair Whitney-yes. The Board vote was 3-Yes, 2-No. Discuss and Vote to Renew Annual Common Victualler Licenses- Apt Cape Cod, Island Blue Crab Food & Spirits, and the Kitchen Café Ms. Mawn stated that there are no outstanding violations for the Kitchen Café. Selectperson Hoffmann moved to approve the renewal of Annual Common Victualler licenses pending all financial obligations have been paid to the Town and the establishment has passed all building and health inspections: Island Blue Crab Food & Spirits and Kitchen Cafe. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.19.2022 www.brewster-ma.gov Page 6 of 9 Office of: Select Board Town Administrator Selectperson Hoffmann moved to approve the renewal of the Annual Common Victualler license pending all financial obligations have been paid to the Town and the establishment has passed all building and health inspections: Apt Cape Cod. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chaffee- yes, Selectperson Chatelain-yes, Selectperson Bingham-no, Selectperson Hoffmann- no, Chair Whitney-yes. The Board vote was 3-Yes, 2-No. Discuss and Vote on Recommend Debt Term for Nauset Regional High School Project Mr. Lombardi noted that the consensus of the group of the member Towns is to recommend a 25-year level debt term. Information is provided in the packet on the different impacts on Brewster residents on the tax rate and the tax bill on the assumption of the annual tax impact based on the fiscal 23 medium home value for residential properties. For the average Brewster resident, if the project moves forward and is approved at the dual election on January 10 and assumes a 4.5% interest rate and all other assumptions there would be a $466 annual impact. Brewster’s share of the interest payments on the project overall, via the districts assessment, a 25-year term vs a 30-year term for Brewster would save approximately $12M in interest over the span of the debt issuance. The school committee will take a vote on this after the January 10 election. Selectperson Hoffmann moved to recommend the debt term for Nauset Regional High School Project be at a 25-year level debt. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Discuss and Vote Recommendation on Additional Funding for Nauset Regional High School Project Included in the packet is an updated PowerPoint from the December 5 meeting, all references to a $400K average home value was not an accurate data point. Also includes details about the $7+M in scope production that the school building committee has made over the course of their deliberations and the $20+M project costs that have been incurred or encumbered to date. Selectperson Hoffmann asked if school funding passes, but the debt limit does not, what impact does this have on the Town? Mr. Lombardi responded that Brewster’s share of annual payments is on the order of $4M, if the debt is not excluded the Town would have to cut $4M from operating budget. This would mean deep and significant cuts to staffing, services and programs, as there is very little in the way of levy capacity. Adding that there is no way to fund the project within the Towns existing levy. If this unfolds, we will need to go back to voters with a follow up election seeking approval to exclude the debt. Selectperson Hoffmann moved to approve the additional funding for the Nauset Regional High School project. Selectperson Chatelain second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Bingham-no, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 4-Yes, 1-No. Selectperson Chaffee moved to recommend a yes vote at the polls for the debt exclusion. Selectperson Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.19.2022 www.brewster-ma.gov Page 7 of 9 Office of: Select Board Town Administrator Hoffmann second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Discuss and Vote on Proposed Updated 2023 Crosby Mansion Event and Cottage Rental Fee Schedule Mr. Lombardi noted changes made to the fee structure for the Crosby Mansion: Community Groups increase from $350 to $450, as well as an increase in the amount of time for use of the space, up to 5 hours. Included that these groups can apply for a fee waiver through the Select Board. There would still be a $100 minimum base fee to help cover expenses. Added new rates for photo shoots, either $100 or $200 depending on the scope and time commitment. For the cottages, looking to make increases on the order of $200-$300 on the two cottages (ranch and bungalow) except for an increase of $450 on the bungalow rate for the shoulder season. Rates are still below the peak market values. If adopted, these changes will bring in about $10K more in revenues for next summer. All the fee and rate changes included were unanimously recommended by the Crosby Property Committee. Mr. Lombardi confirmed that the revenue is invested back into the Crosby property. Selectperson Hoffmann moved to approve the 2023 Crosby Mansion Event and Cottage Rental Fee Schedule that is outlined in the packet. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Discuss and Vote on Facility Use Application for Crosby Beach Wedding Ceremony on Labor Day Weekend 2023 This request is for a wedding ceremony on Sunday of Labor Day weekend at Crosby Beach, the Select Board has a policy that governs rental of Town property and prohibits weddings on beaches during high summer season. The wedding would consist of 80 attendees with parking at Crosby Mansion in the second overflow lot. The request was circulated to Town Departments and their comments and conditions are included in the packet. Town Administration and the Police Department expressed concerns with parking. The Town Administration’s recommendation is not in support of the waiver request. Selectperson Hoffmann moved to approve the facility use application for Crosby Beach wedding ceremony on Labor Day weekend 2023. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-no, Selectperson Chatelain-no, Selectperson Bingham-no, Selectperson Hoffmann- no, Chair Whitney-no. The Board vote was 0-Yes, 5-No. Discuss and Vote on Proposed 2023 Captains Golf Course Rates, Tee Time Allocation, and Additional Non- Resident Memberships Chair Whitney reviewed the proposed rates (increase of 4%), tee time allocation (remains the same) and additional non-resident memberships (addition of 25 non-resident memberships from the waiting list). Jay Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.19.2022 www.brewster-ma.gov Page 8 of 9 Office of: Select Board Town Administrator Packet, Director of Golf Operations, provided additional details on the proposed changes and shared that he is in favor of the changes. Anne O’Connell, Chair of the Golf Commission, shared that with the tee time allocation the current process is working and by adding 25 non-resident memberships is taking it slowly as not to overwhelm the course membership. This will be kept as an open issue moving forward. Selectperson Hoffmann inquired about the increase in “other revenues” specially tournament entry fees. Mr. Packett noted that when the course hosts a membership event, the contestants have to pay a fee to play. The fees are then paid out in credits to the members. During covid there was no events, in 2022 they were able to host these types of events again. Mr. Lombardi noted the Finance Team developed a 5-year financial forecast for the Golf Department and expressed his appreciation to Mr. Packett and the Golf Commission for their patience and support. Selectperson Hoffmann moved to approve the 2023 Captains Golf Course Rates, Tee Time Allocation, and Additional Non-Resident Memberships. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Discuss and Vote on Proposed 2023 Department of Natural Resources Fee Schedule Ryan Burch, Senior Shellfish and Natural Resource Officer, presented the information and noted that over the last two or three years there has been a steady increase in the amount of people participating in the shellfish program. These changes are to help plan ahead and maintain the shellfish harvest programs. Ms. Kalinick noted that Administration will be setting up the Council on Aging staff with the ability to issue permits through the permit program for better tracking. There was discussion on the lifetime senior permits and the best way to track these types of permits and how often they are being used. Ms. Kalinick shared that there is approximately 2700 people in the age 70 or higher bracket and another 300 who are currently age 69. Selectperson Bingham moved to approve the increases and to change the senior license to a $15.00 annual fee. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Chair Whitney clarified that the senior licenses are not grandfathered in and are now $15 per year for annual renewal. Selectperson Hoffmann moved to approve the increased fees for moorings and kayak/canoe/SUP storage. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Bingham- yes, Selectperson Chatelain-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.19.2022 www.brewster-ma.gov Page 9 of 9 Office of: Select Board Town Administrator Statue Update on FY21 Brewster Regional Community Development Block Grant (CDBG) and Discuss Proposed FY22-23 CBG Application- Select Board FY23-24 Strategic Plan Goal H-3 Ms. Kalinick noted that Baily and Boyd Associates has asked Brewster to be the lead community for the next fiscal year. Adding that there has been lot of value in being the lead community, including receiving reports and data regarding the outreach and the programming of the block grant that includes housing rehabilitation funds and childcare vouchers. We have received resident testimony on the importance of the assistance received and the positive change it has made. For childcare vouchers, Brewster doesn’t have a direct childcare subsidy, so this program does help Brewster families with childcare needs up to 80% of the area medium income, this number was expanded in 2022. The next steps if the Board approves Brewster continuing to be the lead community, is a public hearing to be held on January 9, 2023 and Baily Boyd Associates preparing the application on our behalf with expanded options. Ms. Kalinick shared that we have expended about 40% of the childcare voucher program with applications pending. This is a regional grant with the Towns of Wellfleet, Brewster and Dennis and has been shared equally this year. Chair Whitney expressed the full support of the Board to continue as the lead community into the next fiscal year. FYIs None Matters Not Reasonably Anticipated by the Chair None Questions from the Media None Next Meetings January 9, January 11 (Joint with the Finance Committee re. 5 Year Capital Improvement Plan) and January 23, 2023 Adjournment Selectperson Hoffmann moved to adjourn at 8:27pm. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Respectfully submitted by Erika Mawn, Executive Assistant Approved: __________________ Signed: _________________________________________ Date Selectperson Hoffmann, Clerk of the Select Board Accompanying Documents in Packet: Agenda, TA documents, Consent agenda items, Fall 2022 TM report, Meeting format memo, License renewal documents, NRHS project documents, Crosby Mansion Fee structure, Facility use application, Captains Golf Course documents, DNR Fee schedule, CDBG memo, FYIs Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Select Board Town Administrator Memo To: Brewster Select Board From: Colin Walsh, Captains Golf Course Date: December 27, 2022 RE: 2022 Surplus Items Items to Declare Surplus for Sale on GovDeals: 1995 Foley Accu 610 Bedknife Grinder 3 - 275-Gallon Totes – Empty bulk fertilizer containers 17 – Composite benches 15 – Geotech fabric rolls Items to Declare for Disposal: Toro Blower – Beyond its useful life 1994 Toro HydroJect 2002 Toro Groundsmaster 4500D – used for parts, no longer useful Tractor tires – Beyond their useful life Griffin Ryder, Director James Jones, Foreman The Town of Brewster Department of Public Works is seeking approval to surplus for the purpose of listing on Gov Deals the following assets: • 2006 JCB Backhoe 215s VIN# SLP215FC6U0907607 in need of major hydraulic system repairs including the following attachments in operating condtion Power Angle Plow Pallet Forks Trenching Bucket 4-1 Loader Bucket Rear Clamshell Bucket Purchase of replacement was approved at Fall 2022 Town Meeting. Since that time DPW has taken possession of replacement equipment. • 2015 Ford Police Interceptor Utility VIN# 1FM5K8ARXFGA21493 in operating condition. One of the oldest models in Town fleet. Being fazed out as part of our capital program and vehicle transfer/recycling program. • Gravely Power Broom Attachment, condition unknown. In storage for at least 10 years. • Lot of Streetlights , condition unknown. In storage for at least 10 years. • Scag Mower Bagging System, condition unknown. In storage for at least 10 years. • Temperature Monitoring System, condition unknown. In storage for at least 10 years. Department of Public Works 201 Run Hill Road Brewster, Massachusetts 02631-1898 Tel (508) 896-3212 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 NUMBER 2021-ODL – 46 2023-ODL-#01 FEE $35.00 Town of Brewster Local Licensing Authority This is to certify that: MAPLEWOOD at BREWSTER IS HEREBY GRANTED A ONE-DAY LIQUOR LICENSE PERMT TO ALLOW: Wine To be consumed on the premises for a Private Business Party At the following address: 820 Harwich Road, Brewster, MA 02631 This one-day permit is effective: Wednesday January 25, 2023 Between 5:30pm and 7:00pm This license is granted and accepted upon the express condition that the license shall, in all respects, conform to all of the provisions of the Liquor Control Act, Chapter 138 of the General Law, as amended, and any rules or regulations made thereunder by the licensing authorities. ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ Brewster Select Board Local Licensing Authority Office of: Select Board Town Administrator Conditions:N/A Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701, ext. 1169 Fax: (508) 896-8089 MEMORANDUM TO: Brewster Select Board FROM: Jill Scalise, Housing Coordinator RE: Notice of Owner’s Intent to Sell Affordable Dwelling at 14 Yankee Drive, Unit 4; Town’s Election to Locate an Eligible Purchaser for the Dwelling. DATE: January 5, 2023 The Town of Brewster has been notified that the homeowner of 14 Yankee Drive, Unit #4, a SHI home, intends to sell the dwelling. On January 5, 2023, the Town received an email from the homeowner notifying the Town of a desire to begin the resale process. According to the property’s affordable deed rider, the Town of Brewster must reply to the homeowner within 15 days of receiving notice. The Town may exercise a right of first refusal to purchase the property or proceed to locate an eligible purchaser. An eligible purchaser means a household earning no more than 80% of the Area Median Income and the home must be occupied as their principal residence. Town Planner Jon Idman, Assistant Town Administrator Donna Kalinick, and Housing Coordinator Jill Scalise have reviewed the deed rider and this resale request. It is recommended that the Select Board elect to locate an eligible purchaser for the dwelling. This would entail having the Monitoring Agent, Housing Assistance Corporation, proceed in locating an eligible purchaser of the property. The procedure for resale is delineated in the attached affordable deed rider. The Maximum Resale Price for the property is $255,476. This is determined by the multiplying the Barnstable County Median Family Income of $115,600 X 2.21, the resale multiplier listed in the 2003 Regulatory Agreement. After the Select Board meeting, the Brewster Housing Office will provide notice to the homeowner of the Town’s decision regarding the resale of 14 Yankee Drive. If the Town elects to locate an eligible purchaser, the Housing Office will also collaborate with Housing Assistance Corporation (HAC) on their efforts to locate an eligible purchaser for the property. It is expected that marketing would begin within the month, applications would be submitted, and that an affordable lottery would be held. Anyone interested in receiving notifications of HAC’s affordable home resales and lotteries can sign up here: Cape Community Real Estate - Housing Assistance Corporation Cape Cod (haconcapecod.org) Vote of approval requested: Notice of Owner’s Intent to Sell Affordable Dwelling at 14 Yankee Drive, Unit 4; Town’s Election to Locate an Eligible Purchaser for the Dwelling. Office of: Housing Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Brewster Select Board FROM: Donna J. Kalinick, Assistant Town Administrator & Jill Scalise, Housing Coordinator RE: 212 Yankee Drive DATE: January 5, 2022 The Brewster Affordable Housing Trust (BAHT) has care, custody and control of 212 Yankee Drive, a single-family residence on our Subsidized Housing Inventory (SHI). The BAHT has contracted with Housing Assistance Corporation and their sub, TRI, Inc. to rehabilitate the home and re-sell it to an eligible affordable buyer. The home suffered water damage prior to 2018. The contents of the home were removed except for some items that remain in the garage. Prior to the beginning of the rehab. work, the garage needs to be emptied. Most of what is in the garage is old cans and unusable items. There are some tools that we plan to leave for use with the home. There are a few items that could be brought to the Swap Shop. Public Works has agreed to assist with removing the items that need to be disposed or brought to the Swap Shop. The request to the Board is to waive the disposal fees. We thank the Public Works staff for their willingness to help with the both the clean up of the garage and the yard clean up work that needs to be completed. We are truly lucky for the support we have from town departments in our housing work. Office of: Town Administrator Housing November 28, 2022 Clare O’Connor Rice Chairperson, Brewster Cultural Council Brewster, MA 02631 Dear Clare, I am submitting my application to become a member of the Brewster Cultural Council. My background is in the arts both as my career and my advocation. Most of my long career has been in top museums working on exhibit design and development, project management, strategic planning, interpretive planning, and museum operations. I have written grants, raised funds, and other ancillary intradepartmental team committee work like marketing, program development, and overseeing vendor contracts and production. I was also a dancer for over 40 years. I grew up here in Brewster where I was the most fortunate kid to have my future influenced by continuous exposure to the arts. I was in the first class at the Cape Cod Museum of Natural History with John Hay as my teacher. I took my first dance classes here in town at Sea Pines School. I took private pottery instruction for years. I put on plays for the neighborhood directed by one of our local artistic residents, Alice Fitsch, while I was tutored in drawing by her husband Eugene Fitsch, the Broadway set designer. My hope is that more arts programs can be readily available in the Town and would happily work on the Cultural Council to make that a realization. Sincerely, Jan Crocker Public Notices Originally published at capecodtimes.com on 12/23/2022 PUBLIC HEARING FY22/23 BREWSTER REGIONAL CDBG GRANT The Brewster Select Board will hold a Public Hearing on Monday, January 9, 2023, at 6:15 pm, to discuss the town’s FY22/23 regional CDBG application including housing rehabilitation and childcare subsidies serving eligible residents of Brewster, Dennis & Wellfleet. Residents from all three towns are invited to participate and will be heard. Written comments will also be accepted and considered and must be submitted by January 9, 2023, at 9:00 am. Residents of the three towns may join the Zoom webinar by computer, tablet or phone at: https://us02web.zoom.us/j/89092910526? pwd=WHM2V3hrVklhSTloWWhVU09kanUzQT09 Passcode: 509224 To request to speak tap Zoom “Raise hand”, then wait to be recognized Phone: (312) 626 6799 or (301) 715-8592 Webinar ID: 890 9291 0526 Passcode: 509224 To request to speak: Press *9 and wait to be recognized For additional information or questions please contact Cassie Boyd Marsh, grant administrator, at 508-430-4499 x2. 12-23, 12-30/2022 M E M O R A N D U M To: Brewster Select Board Peter Lombardi, Town Administrator Donna Kalinick, Assistant Town Administrator Jill Scalise, Housing Coordinator From: Cassie Boyd Marsh, Bailey Boyd Associates, Inc. Subject: FY22/23 Brewster Regional CDBG Grant Application Date: December 28, 2022 The Massachusetts Department of Housing & Community Development has recently announced their CDBG grant round and application deadline. Due to delays due to Covid, this year DHCD is combining two grant years, and as a result the town of Brewster has an opportunity to apply for up to $1,700,000 as the lead community for a regional grant. We are proposing to submit the grant for the same three towns (Brewster, Dennis & Wellfleet) to continue the popular housing rehabilitation and childcare subsidy programs. The Housing Rehab Program would fund 26 households with a 0% interest deferred-payment forgivable loan, making repairs of up to $50,000 to keep low and moderate-income residents in their homes. Code repairs, weatherization and health & safety violations will continue to be the priority. All applicants are accepted on a first-come/first-served basis. The Childcare Subsidy Program would provide up to $7,000 per eligible child to subsidize care while parents work, go to school or seek employment. The funds go directly to the participating certified childcare provider based on the child’s attendance. These funds subsidize the parent’s payments on a sliding scale basis. These two programs are well-regarded by residents and continue to have a long waitlist. As always there is no cost to the town and an enormous benefit to residents. The following motion may be useful as you consider this vote: Proposed Motion: Move to submit an FY22/23 CDBG grant for housing rehabilitation and childcare subsidies and to authorize the Town Administrator or Designee to sign the grant application and associated forms. - 1 - DRAFT One Year Action Plan FFY 2023 Massachusetts Community Development Block Grant Program Commonwealth of Massachusetts Charles D. Baker, Governor Karyn E. Polito, Lt. Governor Department of Housing and Community Development Jennifer D. Maddox, Undersecretary - 2 - FFY 2023 One Year Action Plan - Preface The U.S. Department of Housing and Urban Development (HUD) requires the Commonwealth of Massachusetts, and all other Formula Grantees, to prepare a Five-Year Consolidated Plan. The state’s Consolidated Plan sets forth long term priorities for the use of funds received from HUD’s Community Development Block Grant (CDBG), HOME, Emergency Shelter Grant (ESG), Housing Trust Fund (HTF) and Housing Opportunities for People with AIDS (HOPWA) programs, and from other state and federal sources. The preparation of this One Year Action Plan has considered and been informed by the development of the FFY –2020 - 2024 Five-Year Consolidated Plan. Publication of this draft Massachusetts CDBG One-Year Action Plan is taking place concurrent with the Five-Year Consolidated Plan/Annual Update public participation schedule that incorporates the HOME, ESG, HTF and HOPWA programs. DHCD posted a proposed changes memo on Wednesday November 4, 2022 and widely disseminated to interested parties and potential stakeholders thereafter. A public information session occurred on Wednesday November 16, 2022. A formal public hearing on the annual update to the One Year Action Plan will be scheduled in early 2023. - 3 - MASSACHUSETTS CDBG ONE-YEAR ACTION PLAN FOR FEDERAL FISCAL YEAR 2023 INTRODUCTION: This One Year Action Plan describes the proposed use of Community Development Block Grant (CDBG) funding received by the Commonwealth of Massachusetts. The CDBG Program is a significant source of federal funding administered by the Department of Housing and Community Development, supporting a variety of community development efforts to revitalize our communities, meet the housing and service needs of our low and moderate- income population, build and repair infrastructure vital to the health and safety of residents, and support business development and retention. The One Year Plan addresses the basic features of the state's CDBG program, the applicable federal regulations and requirements governing state and local administration of this program, and the state's policies, administration responsibilities, and description of the program components. In its administration of CDBG funding, DHCD is committed to:  Programs and funding that primarily target populations of low- and moderate-incomes, and those with special needs;  Addressing the most urgent needs and interests of communities;  Programs and technical assistance designed to facilitate informed decision-making about community development opportunities at the local level, and to encourage self-sufficiency of residents and communities;  Projects that are consistent with the Commonwealth’s Sustainable Development Principles; and  Sound business practices that ensure the highest standards of public accountability and responsibility. For FFY 2023, DHCD will continue to implement HUD’s Outcome Performance Measurement System. The proposed system incorporates the following three Objectives set forth in the Housing and Community Development Act of 1974: 1) create suitable living environments, 2) provide decent housing, and 3) create economic opportunities. The system directs applicants/grantees to select an Objective coupled with one of the following three Outcomes to help define the intent of the activity: 1) availability/accessibility, 2) affordability, and 3) sustainability - promoting livable or viable communities. Therefore, for each proposed activity the applicant will select one of nine Outcome Statements. The proposed system will not change the nature of the program or its regulations. The Massachusetts CDBG Program currently asks applicants to describe the need the activity addresses, as well as the anticipated impact. This system creates a framework that allows for consistent reporting to HUD on a national level. The One Year Action Plan is organized into the following sections: SECTION A. Massachusetts CDBG Priorities B. Eligible Municipalities C. Eligible Projects/Use of CDBG Program Funds D. Applicant/Project Threshold Criteria E. Allocation of CDBG Funds to the Commonwealth F. Availability of CDBG Program Funds G. Evaluation Criteria for All Program Components H. Program Sanctions I. Citizen Participation Requirements for Applicants and Grantees J. CDBG Program Components (description) - 4 - A. MASSACHUSETTS CDBG PRIORITIES The Community Development Block Grant (CDBG Program) was authorized by Congress and is funded under Title I of the Housing and Community Development Act of 1974, as amended. The Commonwealth of Massachusetts has designated the Department of Housing and Community Development (DHCD) as the state's administering agency for CDBG funding. The primary objective of the federal statute creating the CDBG Program is: “...to develop viable, urban communities by providing decent housing and suitable living environment and expanding economic opportunities principally for low- and moderate-income persons.” DHCD will fund eligible projects designed to meet this objective, and that are consistent with the Commonwealth’s sustainable development principles listed in Exhibit 5. DHCD encourages: • development and preservation of affordable housing; • proactive and coordinated planning oriented towards both resource protection and sustainable economic activity; • community revitalization that is integral to community development; • public social services designed to build economic security and self-sufficiency, address homelessness and workforce development; and • local participation in community-based planning that assesses needs and identifies strategies for addressing those needs The Act requires that at least 70 percent of CDBG assistance shall be used to support activities that directly benefit low- and moderate-income citizens of the Commonwealth. In addition, the Massachusetts CDBG Program encourages joint or regional applications so that program funds will be used to benefit a greater number of municipalities. B. ELIGIBLE MUNICIPALITIES There are 351 municipalities incorporated in Massachusetts. The U.S. Department of Housing and Urban Development (HUD) has designated 37 as CDBG entitlement communities; in general, these communities exceed 50,000 in population and receive CDBG funds directly from HUD. Any city or town not designated as an entitlement community by HUD may apply for and receive Massachusetts Community Development Block Grant funds. (Refer to Exhibit 1 for a listing of Massachusetts’ entitlement communities.) C. ELIGIBLE PROJECTS The following projects are eligible for funding under the Massachusetts Community Development Block Grant Program: • planning; • housing rehabilitation and creation of affordable housing; • economic development projects; • efforts directed toward rehabilitation and stabilization of existing neighborhoods, commercial areas and downtowns; • infrastructure; • construction and/or rehabilitation of community facilities; and • public social services DHCD will accept applications through two distinct funds. The rules and program guidelines for these are set forth in Section J: PROGRAM COMPONENTS. - 5 - LIMITATIONS ON USE OF PROGRAM FUNDS  Buildings used for the general conduct of government - Assistance related to buildings used for the general conduct of government is specifically excluded from the program by federal statute, except for the removal of existing architectural barriers to improve access for people with disabilities. Such work is permitted on municipal buildings such as city or town halls, public works structures, public safety buildings, etc.; however the use of CDBG funds is limited to the relevant barrier removal work. The funds must be directed to the removal of material and architectural barriers, which restrict the mobility, and accessibility of elderly and severely disabled adults. While all building codes must be met in a construction project, compliance with most codes cannot be considered as directly related to removing existing architectural barriers. In most instances, work required to meet these codes, even though it may be closely associated with or required in order to receive a permit for the barrier removal project, is not eligible as an ABR project under Section 105(a)(5). Applicants must include a funding commitment letter with the application to show that there is funding set-aside for the work that is ineligible for CDBG funding. All cost estimates must clearly break-out the CDBG/Non-CDBG eligible expenses.  Public Social Services Public Social Services projects are not eligible as a “stand-alone” application under the Community Development Fund or Mini Entitlement Program. Public Social Services cannot exceed 20% of a Community Development Fund, or Mini- Entitlement grant. DHCD encourages municipalities to pursue activities that build economic security and self-sufficiency as well as Public Social Services activities that address homelessness and workforce development and seek to build social capital, increase economic mobility and enhance civic engagement. The following are Public Social Services that meet this definition:  ABE/GED classes  Citizenship Training  Domestic Violence Prevention  Earned Income Tax Credit (EITC) Counseling and Preparation  Elder Self-Sufficiency  English for Speakers of Other Languages (ESOL)  Family Stabilization  Financial Literacy  Homebuyer Counseling and First Time Home Buyer (FTHB) programs  Individual Development Accounts (IDAs)  Immigrant services  Job Training  Job-Related Childcare Assistance  Job-Related Transportation Assistance  Literacy Programs and Training  Mortgage Foreclosure Prevention Counseling  Substance Abuse Services In describing a requested Public Social Services activity, applicants must demonstrate that the activities have been prioritized at the local level in order to determine the request for services. Such prioritizing must demonstrate an understanding of the needs assessment undertaken by the community’s Community Action Agency and not be inconsistent with such Agency’s assessment of service needs. - 6 - Applicants may apply for no more than five Public Social Services activities. Municipalities must demonstrate that, in accordance with Section 105(a)(8) of the Housing and Community Development Act, proposed social service activities have not been funded by the community using municipal and/or state funds within 12 months prior to the application. DHCD will fund public social service projects that are not provided by other state or federal agencies, or are currently provided but are not available to CDBG-eligible residents in the applicant municipalities. Applicants proposing projects for the modernization of public housing facilities must provide evidence that the project has been reviewed and approved as it is described in the application by staff of the Bureau of Public Housing and Construction at DHCD. Planning funds may not be used to plan for public social service programs except as part of a broader community development planning project.  Downtown/commercial target area related projects – Municipalities may apply for funds for downtown or commercial district related projects under the Community Development Fund or the Mini Entitlement Program. Such projects may include sign/facade programs and streetscape improvements, or other infrastructure improvements located in a downtown or commercial district delineated in the slums and blight documentation. Municipalities may also apply through the Community Development Fund and Mini Entitlement Program for funds for rehabilitation or adaptive re-use of mixed-use buildings located in downtown or commercial center areas. Applicants should contact CDBG staff prior to submitting an application for these types of projects. Funds may be used for acquisition, demolition, and building rehabilitation activities when clearly linked to economic development and jobs. DHCD may fund projects that support physical downtown and commercial area revitalization efforts; however, municipalities may apply to Mass CDBG for downtown/commercial target area related projects in their downtown or commercial target areas only if they have satisfactorily demonstrated to DHCD that the proposed project is located in an area meeting National Objective compliance requirements set forth in the Application Guidance. CDBG funds cannot be used to fund overhead costs or management salaries related to the operation of a downtown organization, nor can they be used for any organizational development for a downtown organization or committee.  15 Year Housing Affordability Term – In an effort to increase the supply of affordable housing, all projects supporting the creation, preservation, and rehabilitation of rental and owner-occupied housing units must be affordable to low- and moderate- income households for a 15-year period. Forgiveness should be at least 1/15th per year. Rehabilitation assistance for owner-occupied properties must be secured by a mortgage or lien on the subject property that includes language restricting rent levels in low- and moderate- income units for a period of fifteen years. Rehabilitation assistance for investor-owned properties must be secured by a mortgage or lien, and the affordability requirements must be secured by an Affordable Housing Restriction [provided by DHCD] on the subject property that runs with the land, and that includes language restricting rent levels in low- and moderate- income units for fifteen years. “Owner-occupied” is defined as a property of no more than four (4) units, one of which is occupied by the owner. All other properties are considered “investor owned.” - 7 - D. APPLICANT/PROJECT THRESHOLDS It is the responsibility of the applicant to ensure adherence to the applicable threshold(s). The following standard threshold criteria (#1 through #7) apply to all applications: 1. Eligibility – The project must be eligible as defined in §105(a) of Title 1 of the Housing and Community Development Act, as amended. 2. National Objective – Each project must meet one of three federal national objectives as defined below and in federal regulations 24 CFR 570.483: a. benefit a majority of low- and moderate-income persons; b. aid in the prevention or elimination of slums or blight; or c. meet an urgent condition posing a serious threat to the health and welfare of the community and where other financial resources are not available to meet such needs. This objective is extremely difficult to meet and is generally limited to unexpected events such as natural disasters. Prior approval from Massachusetts CDBG must be obtained to use this national objective. 3. Timely Expenditure – Mass CDBG requires that all lead applicants with open CDBG grants comply with a timely expenditure threshold. In order to apply for combined FFY 2022 and 2023 CDBG funding, a municipality must demonstrate, using the most recent financial status report produced by DHCD’s grant management system, at the time of submission of application for FFY2022/2023 funds that: 1. 100% of all grant funds awarded to the municipality for FFY 2019 and earlier FFYs have been fully expended; 2. 65% of all grant funds awarded to the municipality for FFY 2020 have been fully expended; and 3. for the municipality’s FFY 2021 grant funds, all required procedural clearances (environmental review, special conditions and administrative services procurement(s)) have been completed. On a case-by-case basis, DHCD reserves the right to waive strict compliance with the threshold standards for events beyond the control of applicants, which the applicants have the burden to demonstrate. Municipalities must contact their program representative to find out how to apply for a waiver. Waiver requests should be submitted no later than February 3, 2023, otherwise, it may not be considered. DHCD may at its discretion review waiver requests submitted after February 3, 2023, if the municipality demonstrates good cause for not submitting its request to DHCD by such date. All lead applicants must meet this threshold at the time of application for all MA CDBG components. Municipalities that do not meet this threshold will be eliminated from further MA CDBG funding consideration. Active grants include those for which project activities have yet to be completed and payments are outstanding. Unexpended CDBG funds are defined as funds awarded for eligible Massachusetts CDBG program costs but not expended. Applicants who received FFY 2021 grant funds must also submit an updated timeline for activities for that program year along with their application, noting whether an extension beyond December 31, 2023 may be necessary. - 8 - A Mini-Entitlement community that cannot meet this threshold may have its award amount reduced based on defined grant limitations. 4. Displacement of Non-CDBG Funds – Applicants shall certify in the application that CDBG funds will not be used to displace non-CDBG funds already appropriated by or to the community for a specific project. DHCD will reduce an award, deny a grant, or impose special conditions in a grant contract with that community to assure compliance with this requirement. 5. Sustainable Development – In order to receive funding a project or activity must be consistent with the Sustainable Development principles. Additional guidance on this threshold may be found in Exhibit 3. This threshold does not apply to Public Social Services, business assistance for projects not requiring construction, or projects that eliminate a public health or safety risk. In addition, housing rehabilitation programs and public facilities projects are required to use Energy Star building performance standards. Those standards are found at www.energystar.gov. Streetlights installed as part of a road or streetscape improvement project must be “full cut-off” or “semi cut-off” fixtures. 6. Community-Based Planning Requirement – The Department supports municipal efforts to engage in community-based planning, conduct needs assessments, and identify strategies for addressing those needs. DHCD seeks to fund projects identified through meaningful, public community-based planning and priority setting processes. Therefore, projects must be consistent with community efforts to identify needs and engage in strategic planning for addressing those needs. This helps to ensure that local needs have been identified and priorities determined in a comprehensive manner, and public resources are directed toward projects that address needs the community has identified as high priority. All applicants and participants 1 should have engaged in a community-based planning process and be able to demonstrate project development as a result of this process. Applicants will be asked to address community planning through responses to scored questions in the application. Mini-Entitlement communities, must also be able to demonstrate project consistency with a Community Development Strategy (Strategy), (not to exceed three pages), that must be submitted with the application. The Strategy is based on various planning documents used by a community and outlines a plan of action intended to accomplish specific community development goals that will have an impact on the community. A community’s Strategy will identify the goals and objectives of community development efforts over a 3-to-5-year period and explain how the community expects to address the priorities with CDBG and non-CDBG funds. Each activity included in a Massachusetts CDBG Mini-Entitlement application must relate to and be reflected in the Strategy. The Strategy must be discussed in a public municipal forum, meeting, or hearing held at three (3) months prior to the submission of a Mass CDBG application. The Strategy should be forwarded to DHCD two weeks prior to the aforementioned public municipal forum, meeting or hearing. If a Strategy is found not to be adequate based on the review, DHCD will contact the Mini- Entitlement community for the community to make the necessary corrections. a. The CD Strategy must clearly identify the goals for community development and describe the manner in which a community will accomplish projects and activities which include, but are not limited to those in the CDBG Mini-Entitlement application. All activities in the CDBG Mini-Entitlement application must be identified in the Strategy. 1This includes regional applicants. - 9 - b. The Strategy must conclude with a list of projects and activities in order of the priority in which the community intends to undertake them and provide specific goals and annual timelines for accomplishing its goals. CDBG Mini-Entitlement applications must document that a Strategy and its priority list were discussed at a separate public municipal forum, meeting or hearing, held at least three (3) months prior to the submission of a CDBG Mini-Entitlement application in order to allow for timely community input. Compliance with this requirement must be documented by copies of meeting announcements, attendance lists and minutes. Minutes must reflect that the Strategy and priority list have been presented and that discussion has occurred. Strategies are a requirement of the annual application for Mini-Entitlement communities. 7. Outcome Performance Measurement System – HUD issued a Final Notice on March 7, 2006 on its Outcome Performance Measurement System. Through the system HUD will collect information on activities undertaken in the following programs: HOME, CDBG, HOPWA and ESG, and aggregate that data at the national, state, and local level. The outcome measures framework contained herein will satisfy the requirements contained in the HUD notice, along with any revisions adopted by HUD. The system incorporates the following three objectives set forth in the Housing and Community Development Act of 1974: 1) create suitable living environments, 2) provide decent housing, and 3) create economic opportunities. Beyond that, the system directs applicants/grantees to select from one of the following three outcomes to help define the intent of the activity: 1) availability/accessibility, 2) affordability, and 3) sustainability - promoting livable or viable communities. Based on the applicant’s purpose for undertaking a project or activity, the applicant will determine and state in the application what the intent of the project is with one of the nine Outcome Statements. The system will not change the nature of the program or its regulations. The Massachusetts CDBG Program currently asks applicants to describe the need the activity addresses, as well as the anticipated impact. This system creates a framework that allows for a consistent reporting to HUD on a national level. Each outcome category can be connected to each of the overarching statutory objectives, resulting in a total of nine groups of outcomes/objective statements under which the grantees would report the activity or project data to document the results of their activities or projects. Each activity will provide one of the following statements, although sometimes an adjective such as new, improved, or corrective may be appropriate to refine the outcome statement.  Accessibility for the purpose of creating suitable living environments  Accessibility for the purpose of providing decent affordable housing  Accessibility for the purpose of creating economic opportunities  Affordability for the purpose of creating suitable living environments  Affordability for the purpose of providing decent affordable housing  Affordability for the purpose of creating economic opportunities  Sustainability for the purpose of creating suitable living environments  Sustainability for the purpose of providing decent affordable housing  Sustainability for the purpose of creating economic opportunities In addition, there are certain data elements commonly reported by all programs, although each of the four programs may require different specificity or may not require each element listed below. Grantees will only report the information required for each program, as currently required. No new reporting elements have been imposed for program activities that do not currently collect these data elements. The elements include: - 10 -  Amount of money leveraged (from other federal, state, local, and private sources) per activity:  Number of persons, households, units, or beds assisted, as appropriate;  Income levels of persons or households by: 30 percent, 50 percent, 60 percent, or 80 percent of area median income, per applicable program requirements. However, if a CDBG activity benefits a target area, that activity will show the total number of persons served and the percentage of low/mod persons served. Note that this requirement is not applicable for economic development activities awarding funding on a “made available basis;”  Race, ethnicity, and disability (for activities in programs that currently report these data elements) Finally, grantees will report on several other indicators, required as applicable for each activity type. These will be established in each program component application, and within the grant management system. HUD will combine the objectives, outcomes, and data reported for the indicators to produce outcome narratives that will be comprehensive and will demonstrate the benefits that result from the expenditure of these federal funds. 8. Regional Applications – Each community in a regional application must comply with the same requirements as individual municipalities in individual applications, in order to participate in a regional grant. For example, each participating municipality must have been identified and be part of the required public participation/hearing process and the community must submit all required signatures. Municipalities that fail to comply will be dropped from consideration as a regional participant and the application will be reviewed on the basis of those municipalities that have complied with the requirements. As a result, the number of participating municipalities and/or the dollar amount requested in a regional application may be reduced during the review process. Additional threshold criteria #9 through #12 apply to specific program applications or types of projects. 9. Public Benefit Standards – Economic development projects that are eligible under Title I of the Housing and Community Development Act of 1974, Sections (14), (15) and (17) must meet CDBG standards of underwriting and public benefit. Eligible projects under 105(a)(2) may also be required to meet public benefit standards when undertaken for Economic Development purposes. 10. Senior Center Projects – Applicants for Senior Center projects must meet the following threshold requirements to have their applications reviewed and scored: (i) provide evidence of site control 2 by the municipality, as attested to by the Mayor or Select Board/Board of Selectmen, (ii) provide documentation of the availability and commitment of any other funds necessary to complete the project, and (iii) provide one copy of the bid-ready plans3 prepared by a licensed architect or engineer, a table of contents for the bid specifications and a letter signed by the project architect or engineer attesting to the fact that a 2 Evidence of site control may include but is not limited to a deed, long-term lease agreement, purchase and sale agreement, or other contract or legal document. 3 Bid-ready plans and specifications are those construction documents that constitute a presentation of the complete concept of the work including all major elements of the building and site design. The bid documents shall set forth in detail and prescribe the work to be done by the construction specifications; the materials, workmanship, finishes and equipment required for the architectural, structural, mechanical, electrical and site work; and the necessary solicitation information. Drawings shall include the following: a) Site plan showing the location and type of building; b) Scale plans of the building; c) Wall sections, details, and elevations in sufficient detail to serve as a basis for a construction estimate; d) All other required architectural, civil, structural, mechanical and electrical documents necessary to complete the project. - 11 - complete set of specifications has been prepared and is bid-ready (modular construction may require a lesser standard – see Project Threshold Criteria #12). CDBG-assisted senior center projects may not receive subsequent CDBG assistance for additional construction or reconstruction until five (5) years have passed since the grant closeout date. Senior Centers, as with other types of public facilities, may not change the use of the facility for a period of five years without prior consultation with DHCD to ensure that the change of use is consistent with federal regulations. 11. ADA Self Evaluation Survey and Transition Plan and Architectural Barrier Removal – All municipalities applying for CDBG funds must submit a copy of its ADA Transition Plan or provide a statement that the municipality does not have one. If a municipality does not have a current ADA Transition Plan, it will be referred to the Massachusetts Office on Disability (MOD) for execution of an MOU towards development of a Plan. All lead applicants and joint applicants that applied to the 2017, 2018, 2019,2020 and 2021 CDBG funding rounds have met this requirement. Regardless of the above requirement, a municipality applying for assistance with an architectural barrier removal (ABR) project must submit a copy of its locally approved Americans with Disabilities Act (ADA) Self Evaluation Survey and Transition Plan. If a municipality does not have an approved Transition Plan, it may not receive funding for an ABR project. The ADA was enacted in 1990 and requires local governments to evaluate for accessibility all of its programs and services that had not previously been reviewed under Section 504 of the Rehabilitation Act of 1973. The Act also required preparation of a Transition Plan for removal of programmatic and structural barriers to its programs and services and set forth a process for involving the community in the development of the Self Evaluation Survey and Transition Plan. Programmatic removal of barriers must be fully explored before considering CDBG funding for structural barrier removal. This requirement should be addressed in the application’s project description for the ABR project. Submission of the Transition Plan is a required threshold for Architectural Barrier Removal applications. Also, the proposed project must appear in the Transition Plan. It is the responsibility of each community to ensure that its Transition Plan is consistent with federal regulations. A community’s request for Mass CDBG funding must be consistent with the priorities set forth in these locally developed documents. Municipalities may wish to contact the Massachusetts Office on Disability or the U.S. Department of Justice for specific questions regarding the ADA and the Rehabilitation Act of 1973. Applications for Architectural Barrier Removal projects with a total construction cost of $175,000 or more require bid-ready plans and a letter signed by the project architect or engineer attesting to the fact that a complete set of specifications has been prepared and is bid-ready in each copy of the application. Projects less than $175,000 but more than $25,000, require design development drawings. Finally, when used for Architectural Barrier Removal, CDBG funds may be used only for the relevant barrier removal work (i.e. -directly related and required for ABR). CDBG funds cannot be used to address building code or local requirements that are not directly part of the removal of the architectural barrier. 12. Bid-ready Plans and Specifications - Bid-ready plans and a letter signed by the project architect or engineer attesting to the fact that a complete set of specifications has been prepared and is bid-ready are required for all public facilities and architectural barrier removal projects with a construction cost of $175,000 or more (see definition in footnote #4). Design development drawings are required for public facilities and architectural barrier removal projects or equivalent site and landscaping plans for Playground/Park projects, with a total construction cost of more than $25,000 but less than $175,000. In addition, DHCD recognizes that this requirement may be problematic for municipalities considering modular construction projects. To satisfy these concerns, in order to apply for assistance to undertake modular - 12 - construction a community may instead provide DHCD with a reasonable cost estimate for the project. Detailed backup for the total costs for modular construction projects must include the cost of site preparation, off-site construction of the modular unit, and the cost of delivering and assembling the modular unit including all work necessary - including but not limited to all utility work and sub-trades - to result in the issuance of an occupancy permit. To accomplish this, the community must provide the following: the program for the building; plans, specs, and prices of comparable unit(s) from a manufacturer; evidence of the manufacturer's ability to deliver the unit during the timeframe for construction identified in the grant application; and a site plan. 13. Project Consistency with Application - All municipalities (including both CDF and Mini-Entitlements), upon award and subject to applicable clearances, should proceed with the projects that were submitted and reviewed as part of the application submission. DHCD reserves the right to waive this requirement if there are extenuating circumstances, such as feasibility or funding issues that were discovered post-submission. DHCD will consider the level of citizen participation and feedback from community stakeholders in determining need before approving any new proposed project. In the event that a new activity is added to a grant, it must comply with all application requirements. 14. Housing Rehabilitation Funds – Prior Performance - Applicants must provide a one-page rationale, including status update of recent HR programs 4 if applicable, to justify requested amount. The rationale should be uploaded as an attachment to the miscellaneous tab. Applicants should ensure that the amount requested does not exceed the funding required for a 24-month implementation period and that the amount of funding identified connects to an existing, defined need. If an applicant is applying for a Housing Rehabilitation activity, DHCD reserves the right to reduce the amount requested. DHCD will consider the past performance in the management of state grants, including but not limited to CDBG, by the applicant community and its administering agency or project sponsor, including continuing prior performance issues such program extension requests, program amendments and requests to re- program past grant funds due to inability to complete the originally awarded activities. DHCD may also reduce an award based on the amount of HR funds remaining in previous grants. E. ALLOCATION OF CDBG FUNDS TO THE COMMONWEALTH DHCD intends to combine FFY 2022 and FFY 2023 allocations into a single application round and proposes the following allocation of 2022/2023 funds based on a 2022 agreement with HUD. The federal Fiscal Year 2022 HUD allocation to the Commonwealth of Massachusetts is $34,276,029. DHCD’s funds are subject to availability from the federal government, which is contingent on the federal budget and appropriations process and the HUD allocation process. In addition to the HUD allocation, DHCD expects to receive approximately $50,000 in program income, for a total of $34,326,029 available for FFY 2022. Based on level funding, the combined 2022 and 2023 available funds are anticipated to be $68,652,058. These funds will be distributed during the program year to eligible cities and towns in accordance with the allocation among program components outlined below. As the state does not yet have an allocation from HUD for federal Fiscal Year 2023, this chart is showing the FFY2023 allocation as level funding with FFY 2022. The breakdown by component for the 2023 allocation is consistent with 2022. 4 The status update should be organized by grant year (if multiple years of funding remain) and include original budget, commitments, expenditures, original goals, status of projects to date, reasons for any delays in implementation, revised timeline for completion and approach to resolve if delayed. - 13 - MA CDBG PROGRAM COMPONENT Combined FFY 22/23 ALLOCATION Community Development Fund $48,722,253 Mini-Entitlement Program $ 16,500,000 -Section 108 Loan Guarantee* $20,000,000 Reserves $ 500,000 Section 108 Loan Repayments** (No. Adams, Everett) $ 673,244 Administration and Technical Assistance $ $2,256,561 TOTAL AVAILABLE (includes $$68,552,058 allocation plus $100,000 in program income) $68,652,058 *Section 108 Loan Program allocation does not impact the FFY 2021 Allocation **Section 108 Loan Repayments are budgeted but not necessarily required. This is an “up to” amount. Amounts not required for repayment to HUD will be reallocated to other components. Reallocation of funds among program components: During the year, DHCD may have cause to recapture earlier program year funds from non-performing grantees; or there may be small amounts of program funds from prior years that have yet to be used; or there may be opportunities to recapture program income generated by municipalities from earlier projects; or there may be extreme demand for one program component; or there may be minimal demand for one component. Funds will be reallocated depending on the timing of other components and the apparent demand for funds or to address emergency situations during the program year. When awarding those funds DHCD will use current program guidelines as established in the most recent One Year Plan. DHCD reserves the right to increase or decrease the allocation of a program component. When these cumulative changes meet the threshold criteria of an amendment, DHCD will follow the process in accordance with the State’s Consolidated Plan and regulations at 24 CFR 91.505. DHCD may also have cause to fund from any allocation or resources to respond to corrective actions after program closeouts or as a result of other administrative errors. DHCD estimates that it will receive approximately $300,000 in funds returned from prior year activities. These funds will be allocated through the Community Development Fund. In addition, DHCD estimates that up to $500,000 in locally held program income will be applied to activities including housing rehabilitation and infrastructure improvements. Prior to the award of FFY 2022 and 2023 funds, DHCD may have the opportunity to transfer program income funds from NSP grantees to the State CDBG Program. It is DHCD’s intent to add these funds, if they become available, to the FFY 2022 and 2023 allocation and made available to FFY 2022 and 2023 applicants. At this time, DHCD does not have an estimate of the amount of funds that may become available. For the combined FFY 2022 and 2023 application, DHCD reserves the right to allocate funds in a manner that it deems best for the effective administration of the combined funds. For instance, this could include but not be limited to allocating funds to an application from a single year source or a combination of years. It could also include an initial allocation of a portion of the funds with a subsequent allocation at a later date. DHCD will make this determination dependent on the federal budget process and other considerations. - 14 - FFY 2022/2023 Funding Gap Based on feedback through the FFY 2022 and 2023 One Year Plan processes, DHCD understands that some communities are concerned that they may experience a funding gap due to the delay of the FFY 2022 application in combining it with the FFY 2023 allocation. While funding is not guaranteed from one year to the next in the CDBG program, with the exception of Mini-Entitlement grantees, DHCD will accept and review requests from applicants to address possible funding gap considerations in their applications. Applicants with possible gap funding concerns should provide a concise and complete description and proposed solution(s) of the potential funding gap issue(s) including activity(ies) affected, budget and timeline considerations. This document must be labeled 2022/2023 Funding Gap and uploaded to the miscellaneous attachments link in the application. DHCD will consider the gap funding requests on a case-by-case basis and reserves the right to request additional information in making its decision. F. AVAILABILITY OF CDBG PROGRAM FUNDS All CDBG program funds will be available to eligible grant recipients based on application guidance for Massachusetts Community Development Block Grant funds and/or Notices of Funding Availability. These documents will make municipalities aware of the requirements of each particular component and will be available to allow municipalities adequate time to prepare grant applications for each program. The availability of FFY 2022 CDBG program funds has been delayed and made available in combination with Massachusetts FFY 2023 CDBG allocation. A single community may receive no more than $1.35 million from any combination of federal FFY 2022 and 2023 Community Development Funds. Additionally, the policy that a single community may receive no more than $1.35 million from the Community Development Fund within two successive years is waived for FFY 2022 and FFY 2023. Applicants to the FFY 2022 and 2023 program will not have the two-year limitation applied based on FFY 2021 awards. DHCD will review the policy going forward in subsequent One Year Plans. Listed below are application distribution dates for each program and the corresponding due dates. A Notice of Availability of Funds will be issued, as appropriate, prior to release of each Application subject to the availability of federal funds. Program Components 5 Application Issued FFY 2022/2023 Application Due Community Development December 2022 Friday, March 3, 2023 Mini Entitlement Program December 2022 Friday, March 3, 2023 G. EVALUATION CRITERIA APPLICABLE TO ALL CDBG PROGRAMS DHCD reserves the right to incorporate any or all of the following Evaluation, Regulatory and Performance criteria in its award decisions: 5 The FFY 2022/2023 applications will be operative upon their release. Actual release of funds is contingent on HUD approval of the state’s One Year Plan, and will be dictated by the date the state receives HUD approval on its Plan. - 15 - Evaluation:  solicit and verify information from any local, state or federal agencies and other entities, and based on that information, reduce, increase or deny an award to a community.  conduct site visits for any proposed CDBG project or solicit additional information from applicants in order to confirm or clarify factual or procedural responses to application requirements such as copies of legal advertisements, minutes, survey instruments, letters, etc. Acceptance of these materials is subject to DHCD’s satisfaction that the omitted material was in existence at the time of application and submission of the requested documents within a specified timeframe. Additional information regarding responses to competitive questions will not be accepted.  reduce or increase an award to a community to assure that a grant budget is reasonable.  fund, fully or partially, a project from other state resources.  reduce or deny a grant, or place special conditions on a grant, based on the management capacity of the municipality or the current or proposed administering agency.  reduce an award to a community with an uncommitted program income balance. The program income account balance in DHCD’s Grant Management System must be maintained to match the bank program income account statement balances. Grantees must update the program income account on a regular basis and at a minimum quarterly. Upon award, grantees must add the committed program income funds to the cited grant activity(ies) through the grant amendment process.  resolve tie scores in a competitive fund by applying the criteria below in the following order: 1. Applications from municipalities that have not received funding in the prior three years; 2. Applications for projects that increase the community’s supply of affordable housing units; 3. Regional applications; 4. Applications for housing and/or economic development projects that are consistent with the goals of the Administration; and 5. If scores remain tied after the application of steps #1 through 4, DHCD will conduct a lottery at which a representative from HUD will be present. Regulatory:  ensure that at least 70 percent of CDBG assistance, as per federal statute, is used to support projects that directly benefit low- and moderate-income persons of the Commonwealth.  ensure that no more than 15 percent of the combined FFY 2022 and FFY 2023 Massachusetts CDBG allocation is for public social service activities as per federal regulation.  deny a grant, or a portion thereof, to ensure that no more than 20 percent of the combined FFY 2022 and 2023 Massachusetts CDBG allocation is for planning and administration as per federal regulation.  not review an application unless signed by the municipality’s Chief Elected Official. Performance: - 16 -  reduce an award, deny a grant, or impose special conditions on a community with prior year grants with a low rate of committed or expended dollars. This includes reductions in awards for projects funded in previous rounds for which unexpended funds remain.  reduce an award, deny a grant, or impose special conditions on a community with outstanding, major findings that are unresolved at the time application decisions are being made; or which have otherwise had a history of significant, repeat findings. These findings could have resulted from any grant program offered by DHCD. Major findings means non-compliance with a statutory requirement which, if not satisfactorily resolved by the community, would require that the federal funds be repaid by the municipality, or result in other serious sanctions. History of significant, repeat findings means non-compliance with statutory or regulatory requirements in more than one grant cycle, where the community may have resolved those findings but with an unacceptably slow response.  consider the past performance in the management of state grants, including but not limited to CDBG, by the applicant community and its administering agency or project sponsor, including continuing prior performance issues such as program extension requests, program amendments and requests to re-program past grant funds due to inability to complete the originally awarded activities. - 17 - Awarding of Grants Based on the scores produced through the review process, grant award recommendations are made to the Undersecretary of DHCD, whose decision is final. In the competitive program, grants are awarded for projects to municipalities that received the highest activity scores and which meet applicable thresholds until all available funds are distributed. DHCD reserves the right to award a grant in whole or in part, or to reject any and all proposals received. Grievance Procedure Within forty-five (45) days of the date of the Undersecretary’s written notice of grant determinations to applicant cities and towns, any municipality aggrieved by DHCD’s decision may challenge the denial of its grant by submitting a letter of appeal from the Chief Elected Official of the municipality to the Undersecretary, who shall respond no later than forty-five (45) days from the date of receipt of the municipality’s appeal. H. PROGRAM SANCTIONS DHCD reserves the right to suspend or terminate grant awards made to eligible municipalities should there be instances of fraud, abuse, poor performance, misrepresentation, or extreme mismanagement, or in the event a grantee is unable to carry out a project as approved in an application. DHCD reserves the right to apply this standard to any entity involved in grant management activities on behalf of a municipality. Municipalities should be aware that in the event that a project budget is found to be inadequate to fully implement the project as approved, DHCD reserves the right to review and approve any change in project scope to make a project fundable and may opt for recapturing the funds instead of authorizing a project with a reduced scope of work. In addition, if excess funds remain from an activity, either due to budgetary reasons or because of less demand for the activity than projected, the community must return the funds or request DHCD approval to reprogram the awarded funds. In the event that a new activity is added to a grant, it must comply with all application requirements. DHCD’s preference is to approve reprogramming for the following purposes and in the following order: • Funds will be used for eligible housing activities, including, but not limited to, housing rehabilitation, aging in place programs, code enforcement and first-time homebuyer assistance • Other existing CDBG-funded, eligible activities If the excess funds cannot be used consistent with these preferences, DHCD will require a detailed request describing the reprogramming and may require that the funds be returned. Requests to reprogram funds should be submitted in a timely manner, and meet all application requirements. DHCD will not be inclined to extend grants beyond a three- year period. The community staff and Chief Elected Officials will have the opportunity to discuss possible sanctions prior to any formal action. If formal sanctions are recommended, grantees will be provided a full opportunity to appeal such decisions to the Undersecretary of DHCD before any final action is taken. All program funds recaptured through the sanctions process will be re-programmed consistent with the procedures in (E) Allocation of CDBG Funds and (J) CDBG Program Components. Based on the significance of the issues involved in any such determination, DHCD may suspend, for a period of up to three (3) years or until final resolution is achieved, a community's eligibility to participate in any Massachusetts CDBG component. Such action will only be taken in extreme circumstances and only after all alternatives have been exhausted. - 18 - I. CITIZEN PARTICIPATION REQUIREMENTS FOR APPLICANTS AND GRANTEES All applicants for funding under the FFY 2022 and 2023 Massachusetts CDBG Program must comply with the citizen participation requirements contained in Section 508 of the Housing and Community Development Act of 1987. DHCD expects citizen involvement in the identification of community development needs, the development of applications, program assessment and evaluation. Municipalities must include in their Massachusetts CDBG application a local citizen participation plan detailing how the community will provide: 1. citizen participation, with particular emphasis on participation by persons of low- and moderate-income, residents of slums and blighted areas and of areas in the state where CDBG funds are proposed to be used, particularly residents of a proposed target area; 2. reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, and relating to the actual use of funds; 3. information on the amount of state CDBG funds available during the year; the range of eligible CDBG activities; and how activities will benefit low- and moderate-income persons; 4. technical assistance to groups representative of persons of low- and moderate-income that request such assistance in developing proposals; 5. a minimum of 2 public hearings, each at a different stage of the program (development and implementation), to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at a minimum (a) the development of needs, (b) the review of proposed activities, and (c) review of program performance. These hearings shall be held after adequate notice, at times and accessible locations convenient to potential or actual beneficiaries, and with accommodations for persons with disabilities, and allow for written comments to be submitted. In cases of joint applications, all applicant municipalities must be included in the notice and participate in the public hearing. At least one public hearing must be held prior to submittal of an application; a second must be held during the course of the grant year; both must provide for the submission of written comments; 6. a timely written answer to written complaints and grievances, within 15 business days of receipt where practical; and 7. the plan must also identify how all residents and beneficiaries, including minorities and non-English speaking persons, as well as persons with disabilities can be reasonably expected to participate in the program in general, and at public hearings in particular J. CDBG PROGRAM COMPONENTS This section briefly describes the components of the Massachusetts CDBG Program. Each program component description includes eligible uses, grant award amounts, and evaluation and award criteria. In the event of conflicting language, this One Year Action Plan takes precedence over language in all program component applications. The program components are: 1. Community Development Fund - 19 - 2. Mini-Entitlement Program 3. Section 108 Loan Guarantees 4. Reserves 5. Administration and Technical Assistance by DHCD  All applications to MA CDBG are submitted online and will only be accepted using DHCD’s web-based system. Further details and training information will be available as application materials and details are released. 1. COMMUNITY DEVELOPMENT FUND Program Description The Community Development Fund (CDF) awards grants to municipalities throughout the Commonwealth. This program helps eligible cities and towns to meet a broad range of community development needs in housing, infrastructure, downtown revitalization, economic development and public social services. It supports CDBG- eligible activities and encourages applicants to develop coordinated, integrated and creative solutions to local problems. The CDF is available to all municipalities and will make all CDBG eligible activities available. Based on level funding, from its federal FY 2023 allocation, DHCD expects to award approximately $24,361,127 in CDF grant funds and approximately an additional $300,000 in funds returned from prior year activities. This will make the combined FFY 2022/2023 CDF program allocation approximately $48.7 million, depending upon Massachusetts’ actual federal FY 2023 allocation. Grant Award Amounts DHCD proposes the following grant limits below for the FFY 2022/2023 program; Applicants for a CDBG grant will be eligible to receive up to the following amounts based on the type of application submitted: Category Minimum Grant from Competitive Round: Maximum Grant from Competitive Round: Single Municipality $ 100,000 $ 1,350,000 Two Municipalities (Regional) $ 100,000 $1,500,000 Three or More Municipalities (Regional) $ 100,000 $1,700,000 Planning- or Design-only grants $ 10,000 ------ Requirements: 1. CDF grants are Single Year Grants have historically been based on an 18-month implementation period. There will be a 24-month implementation period for the FFY 2022/2023 grants. For FFY 2022/2023 grants it is anticipated that the period will be from 07/01/2023 to 06/30/2025. Municipalities must perform due diligence regarding all critical consultations and feasibility determinations prior to an application submission. - 20 - 2. Two or more municipalities may apply regionally. "Regional" is not limited to geographically contiguous cities and towns. In order to comply with federal requirements governing such applications, each participating community would: - enter into an inter-local agreement that will allow a lead community to conduct grant activities within other municipalities; - sign the joint authorization form; and - demonstrate in the application how the requested funds will be allocated among all participants. 3. A community may apply in either one individual CDF application or in one regional application (including as a lead applicant), or in one of each. In addition, a municipality may not receive funds for the same activity in two different applications for the combined FFY 2022/2023 round. 4. All CDBG applications must be received by DHCD’s web-based application system by Friday, March 3, 2023, at 11:59 PM. A signed copy of the Application Cover Page must be attached in the Miscellaneous Attachments link of the application. DHCD does not require a hard copy of the cover page to be submitted by mail. Evaluation and Award Criteria Application review and awards will be governed by the criteria and procedures as described above (Sections A through I), and the following criteria, process rules and special requirements. Additional detail on evaluation criteria and the review process will be in the FFY 2022/2023 Application Guidance. Each criterion is described below. Please be advised that applicants must meet a minimum threshold for Project Feasibility -- i.e., each project must appear to be feasible to undertake and complete in the 24-month grant period, or the other criteria will not be scored. Projects must demonstrate financial feasibility, including adequate sources available for all costs based on reasonable cost estimates and financial need. Sources and uses of funds are limited to actual documented cash/expenditures specific to the proposed project. Proposals must also demonstrate site control, major permit approval, and other information that demonstrates the project is feasible and ready to go forward upon grant award. All projects must also meet threshold consistency with the Sustainable Development Principles. Project Need - requires applicants to document and describe the particular needs that will be addressed by each proposed project and the severity of those needs. Applicants will also be asked to describe community input into the determination of the needs and projects identified to satisfy the need. Project Need will be evaluated based on the documented severity of need and the impact the project will have on those needs, as well as, the community’s efforts to include beneficiaries and other residents in the application and project development process. Project Feasibility - requires applicants to document and describe an understanding of the permitting and project management tasks necessary for the project, the procurement processes required of the project, the status of design and site control, the availability of all necessary funds and the readiness of the project to proceed, including completeness of environmental review requirements, and completeness and reasonableness of timeline. Project Feasibility will be evaluated on the applicant’s ability to demonstrate the overall readiness of the project, management capacity and the ability of the applicant to complete the project within the 24-month grant implementation period. DHCD will not deduct points for projects that do not have bid ready plans and specifications, but applicants must demonstrate that the completion of these documents is built into the 24- month activity timeline. Note, this does not include projects that have bid ready plans and specifications as a threshold requirement, such as public facilities and architectural barrier removal projects with construction costs of $175,000 or more. - 21 - 2. MINI-ENTITLEMENT PROGRAM Program Description Municipalities were selected to be Mini-Entitlement communities if they met the three following criteria: (1) The percentage of low- and moderate-income residents is 40% or greater; (2) a poverty rate higher than the state average of 9.8% and (3) population over 12,000. This program helps larger non-entitlement urban communities with the highest needs improve conditions for their low- and moderate-income residents through comprehensive planning and predictable funding. Through this program, identified cities and towns can meet a broad range of community development needs in housing, business development, physical development, downtown revitalization, and public social services. It supports all CDBG-eligible activities and encourages applicants to develop comprehensive, creative solutions to local problems. DHCD expects to award up to $16,500,000 from the combined FFY 2022/2023 Mini-Entitlement Program allocation to ten (10) designated Mini-Entitlement municipalities, listed below Amherst Chelsea Everett Gardner Greenfield North Adams Southbridge Wareham Webster West Springfield DHCD requires Mini-Entitlement communities to approach CDBG projects in a comprehensive and integrated manner and is directing these communities to target their CDBG funds to particular geographic areas in order to impact and effect change within neighborhoods. Housing Rehabilitation programs may be designed to allow up to 20% of the funds to be used for emergency purposes outside the target area. DHCD will offer technical assistance to Mini-Entitlement communities, including planning, priority setting, and project evaluation and development. Grant Award Amounts and Requirements Mini-Entitlement communities are eligible for an award of up to $1,650,000 based upon prior performance including effective implementation of activities, timely expenditure of funds and performance as indicated in monitoring reports, along with, the community’s ability to identify eligible, feasible activities that can be completed in a timely manner. Mini-Entitlement applications will contain a 24-month implementation plan. Mini- Entitlement grantees must comply with standards for timely expenditure and available program income (see Applicant/Project Thresholds above and 3 directly below). FFY 2022/2023 Mini-Entitlement awards to Grantees that do not meet the required standards will be reduced by an amount necessary to bring the grantee into compliance. Mini-Entitlement communities were guaranteed an annual commitment of funds for a three-year period that ended with FFY 2021. The Mini Entitlement program and the formula to determine communities selected for the program was revaluated for the FFY 2022/2023 program, which will be in place for the next three-year period. - 22 - Evaluation and Award Criteria The following requirements apply to the Mini-Entitlement Program: 1. Mini-Entitlement grants are Single Year Grants have historically been based on an 18-month implementation period. There will be a 24-month implementation period for the FFY 2022/2023 grants. For FFY 2022/2023 grants it is anticipated that the period will be from 07/01/2023 to 06/30/2025. Communities must perform due diligence regarding all critical consultations and feasibility determinations prior to an application submission. 2. In accordance with the Massachusetts CDBG Priorities listed in Section A, DHCD seeks to fund projects identified through meaningful community-based planning and priority setting processes as described in SECTION D. 6. Mini-Entitlement communities will be required to submit a Community Development Strategy with the application (refer back to section D.6 for more detail) 3. Activity packets must be completed and will be scored to ensure that activities are feasible and ready to proceed at the time of award. Activities will be scored in accordance with the project feasibility question of the application as detailed above in the CDF section. Activity packets must receive a minimum 50% score of each item in the feasibility question. All FFY 2022/2023Mini-Entitlement applications must describe how CDBG funds will be allocated; include goals and performance measures for each activity; demonstrate compliance with a federal national objective and all federal/state requirements; and provide a management plan. The project packets will be reviewed for compliance with these evaluation criteria. 4. Mini Entitlement applicants that can’t comply with the timely expenditure threshold as described above will have a 2022/2023 award reduced by the amount over the threshold. 5. All activities that are eligible under Section 105(a) of Title I of the Housing and Community Development Act of 1974, as amended, will be considered for funding with the exception of organizational activities of downtown partnerships. 6. Mini-Entitlement communities may not join with other communities as joint applicants. 7. For FFY 2022/2023, Mini-Entitlement Communities will submit a list of proposed activities to DHCD within one week after the application has been made available. Applicants will provide the name of the activity, demonstration of eligibility including national objective, a brief description, proposed accomplishments and proposed budget. 8. Mini-Entitlements that can demonstrate a readiness to proceed with activities may be able to receive a grant contract in advance of the July 1, 2023 implementation period. Mini-Entitlement communities should contact program staff to discuss further if interested. 9. Mini Entitlement communities may not request funding for more than four activities in addition to public social services. 10. Mini Entitlement communities must proceed with the projects submitted in the application, subject to feasibility and grant clearance considerations. The community cannot propose a new activity to replace an already approved activity except in limited circumstances. - 23 - The town of Palmer will be guaranteed a transition grant of $675,000 in FFY 2022/2023. The town may compete in the Community Development Fund for a full award, as allowed by the CDF rules. All Mini-Entitlement applications must be received by DHCD’s web-based application system by no later than Friday, March 3, 2023, at 11:59 PM. DHCD will accept Mini-Entitlement applications prior to the March 3, 2023 deadline. A signed PDF of the Application Cover Page must be attached in the Miscellaneous Attachments link of the application. DHCD no longer requires a hard copy of the cover page to be submitted by mail. 3. SECTION 108 LOAN GUARANTEES Section 108 Loan Guarantees allow eligible communities to access federal loan funds for the purpose of aiding revenue-producing development activities. The Massachusetts program provides communities with a source of loan financing for a specific range of community and economic development activities. Funding is provided to the community to loan to a business or other entity. The Commonwealth guarantees repayment of the HUD loan, and pledges its future CDBG allocation as collateral. Actual funding will be provided through the sale of notes by the federal Department of Housing and Urban Development. Loan Guarantees will be available to support the rehabilitation of, or conversion to, mixed-use or investor owner- residential buildings (5 or more units) located in downtown or commercial center areas. Residential projects should include mixed-income, affordable and market rate units. Housing unit rehabilitation will be limited to a maximum per unit CDBG cost of $125,000. The entire building façade must be appropriately addressed, regardless of the portions of the building assisted. Section 108 loan assistance of $1 million to $5 million will be available for residential or mixed-use projects meeting these qualifications. For most housing project components, Section 108 loan funds plus all federal and state grants combined shall not exceed 75 percent of total actual project costs. Section 108 loans may also assist public facilities/infrastructure improvements that generate sufficient revenues and support downtown mixed-use or investor-owned, mixed-income residential projects. Assistance to non-profit organizations for public services, capitalization of loan funds or business technical assistance, or direct assistance to individual businesses or other entities will also not be considered in Section 108. This year the Commonwealth will pledge up to $10 million in future CDBG allocations in support of these eligible activities. Grant Award Amounts and Requirements  The minimum award is $1,000,000 and the maximum is $5 million. The loan amount will not be included in the $1 million annual limit that grantees may receive from the Commonwealth’s annual CDBG allocation.  In general, awards from the Section 108 Loan cannot exceed 40% of the total project costs. However, DHCD will consider guaranteeing public infrastructure projects to a percentage greater than 40% on a case-by-case basis;  Privately owned, non-residential real estate activities where the scope exceeds exterior façade improvements must be undertaken as economic development activities and must meet CDBG underwriting criteria. These criteria limit assistance to gap financing, which may be less than the 40% program limit;  All Section 108 applications must include evidence that the proposed project needs grant assistance to be feasible; - 24 -  DHCD is willing to consider phased projects, with the caveat that the time frame for full implementation is a maximum of five years or less;  DHCD or HUD may disapprove applications, or approve a reduced guarantee or approve the request with conditions, such as but not limited to additional collateral and guarantees depending on the structure of the proposal; and  Depending on the nature of the project, the community may be required to pledge its full faith and credit. - 25 - Evaluation and Award Criteria for Section 108 Applications Applicants must contact DHCD prior to submission of an application. A two-stage process for evaluating potential applications is in effect, consisting of a preliminary screening and a formal application. DHCD staff will provide information on the evaluation and review process at the appropriate time. Applications will be reviewed on a first come, first served basis, provided that threshold criteria are met and funds are available. Successful applicants will receive a loan from HUD, but the Commonwealth guarantees the repayment of the loan. The Commonwealth pledges its future CDBG grant funds to repay the federal government should a non- entitlement recipient of a Section 108 Loan default. DHCD will not pledge other collateral of the Commonwealth in support of proposals. Any additional security required by HUD must come from another source. DHCD will provide guidance to applicants on how to submit preliminary and formal applications. However, the format of any final loan application will be determined by HUD. Active Section 108 Loan Activities Everett – $1 million Section 108 loan for roadwork (right-of-way & construction) for the Norman St./Internet Dr. intersection and entryway into the Rivers Edge (previously Telecom City) project area. The debt service for years 1-8 (FFY 2007 – 2014) is funded with a $1.2 million Brownfield’s Economic Development Initiative (BEDI) grant. North Adams - Massachusetts Museum of Contemporary Art (MASS MoCA): Approximate $4.3 million loan to partially fund real estate development by the non-profit museum foundation. The $13 million project involved rehabilitation of two buildings. This project was Phase II of the City and MASS MoCA’s revitalization plan for one of North Adams’ most distressed neighborhoods. Loan Default In the event of loan default, DHCD must be prepared to repay the Section 108 loans to HUD out of the Commonwealth’s annual CDBG allocation. In addition to a pledge of future CDBG funds, collateral is provided from other sources. The possibility exists, however, that the loan defaults and will need to be repaid from the annual allocation. In FFY 2021 the potential liability, or repayment total, could be up to $336,662 in the event of loan default. If the loans do not default, or if there is default but the collateral is sufficient to cover the loan repayment (or a portion thereof), then DHCD will reallocate the budgeted default amount among other program components. Please note that DHCD and HUD scrutinize Section 108 projects very carefully since any loan defaults are guaranteed by future CDBG funds and therefore could significantly affect availability of funds in future years. 4. RESERVES An initial combined allocation of $500,000 will be available for the Reserves component. Consistent with Section E. ALLOCATION OF CDBG FUNDS TO THE COMMONWEALTH, funds may be recaptured by or returned to DHCD at any time during the program year or reallocated to and from program components including the Reserves component. This may result in an increase or decrease to the initial allocation. On occasion applications, or portions thereof, that were not funded during a competitive process, including direct technical assistance to eligible communities, may be considered by the Undersecretary of DHCD to be particularly worthy, innovative, or address an overarching local, regional, or statewide need. Such projects may be funded through the Reserves. - 26 - Funds may also be made available for projects throughout the program year that are consistent with Massachusetts’ CDBG priorities, as outlined in Section A., particularly those that address the Administration’s goals of developing and/or preserving affordable workforce housing opportunities, infrastructure improvements in support of the development of new housing and projects that seek to return vacant and blighted properties to a viable use. The application materials for Reserves will provide guidance to potential grantees on how to structure their applications. The Department’s interest in providing Reserve’s funding for projects will be determined by a review of the proposed project to determine consistency with the goals and priorities cited above and that the activity is eligible, feasible and ready to proceed. Once complete, applications will be funded in the order in which they are received. All Projects funded under Reserves must meet, at a minimum, CDBG national objective and eligibility requirements, applicable rules and regulations, and project feasibility thresholds. Please contact Louis Martin, Associate Director of the Division of Community Services, at 617 573-1402 with any inquiries about Reserves. 5. ADMINISTRATION AND TECHNICAL ASSISTANCE BY DHCD The Commonwealth of Massachusetts uses CDBG funds for administrative and technical assistance costs incurred by DHCD during the operation of the Massachusetts CDBG Program. As allowed by federal statute, this amount will equal three percent (3%) of the entire annual grant allocation, plus $100,000. Direct technical assistance will be provided to eligible municipalities for guidance relating to housing, economic development, including downtown revitalization, community development strategy and plan preparation and use, technical assistance training for non-entitlement communities, fair housing training, and additional assistance determined necessary during the program year. During this fiscal year DHCD will continue to support and upgrade its software and reporting systems. Technical assistance will be available to municipalities for downtown revitalization planning activities. In addition, two percent (2%) of program income generated by state CDBG grantees shall be returned to the Mass CDBG Program on a bi-annual basis. A review of all users accessing DHCD program grant management systems shall be conducted annually to determine the accuracy of user access designations. If necessary, action shall be taken to change, revoke, or grant user access to reflect the appropriate designation. - 27 - ONE-YEAR ACTION PLAN FOR FEDERAL FISCAL YEAR 2023 EXHIBITS 1. LIST OF ENTITLEMENT COMMUNITIES IN MASSACHUSETTS 2. MUNICIPAL ELIGIBILITY TO APPLY TO COMMUNITY DEVELOPMENT FUND (CDF) IN FFY 2022/2023 3. SUSTAINABLE DEVELOPMENT PRINCIPLES 4. GUIDANCE ON MEETING THE SUSTAINABLE DEVELOPMENT THRESHOLD 5. MASSACHUSETTS FAIR HOUSING MISSION STATEMENT AND PRINCIPLES - 28 - EXHIBIT 1 LIST OF ENTITLEMENT COMMUNITIES IN MASSACHUSETTS as of Federal Fiscal Year 2022 and 2023 ARLINGTON MALDEN ATTLEBORO MEDFORD BARNSTABLE NEW BEDFORD BOSTON NEWTON BROCKTON NORTHAMPTON BROOKLINE PEABODY CAMBRIDGE PITTSFIELD CHICOPEE PLYMOUTH FALL RIVER QUINCY FITCHBURG REVERE FRAMINGHAM SALEM GLOUCESTER SOMERVILLE HAVERHILL SPRINGFIELD HOLYOKE TAUNTON LAWRENCE WALTHAM LEOMINSTER WESTFIELD LOWELL WEYMOUTH LYNN WORCESTER YARMOUTH - 29 - EXHIBIT 2 MUNICIPAL ELIGIBILITY TO APPLY FOR CDBG PROGRAM FUNDS IN FFY 2022 and 2023 Historically, a single Community Development Fund community may receive no more than $1.35 million from two successive years. This limit was waived for the FFY 2021 program and DHCD is waiving it again for the FFY2022/2023 program. As a result, applicants to the FFY 2022/2023 program will not be limited by FFY 2021 awards. - 30 - EXHIBIT 3 Sustainable Development Principles The Commonwealth of Massachusetts shall care for the built and natural environment by promoting sustainable development through integrated energy and environment, housing and economic development, transportation, public health and safety, and other policies, programs, investments, and regulations. The Commonwealth will encourage the coordination and cooperation of all agencies; invest public funds wisely in smart growth and equitable development; and give priority to investments that will deliver good jobs and wages, transit access, housing, and open space, in accordance with the following Sustainable Development Principles. Furthermore, the Commonwealth shall seek, through incentives and assistance, to advance these Principles in partnership with regional and municipal governments, non-profit organizations, businesses, and other stakeholders. 1. Concentrate Development and Mix Uses Support the revitalization of city and town centers and neighborhoods by promoting development that is compact, conserves land, reduces infrastructure and service costs, protects historic resources, integrates uses, enables pedestrian and bicycle access, and connects to transit. Encourage remediation, restoration, and reuse of existing sites, structures, and infrastructure rather than new construction on farm, forest, or other undeveloped land. Create pedestrian and bicycle friendly districts and neighborhoods that mix commercial, civic, cultural, educational, and recreational activities with open spaces and homes. Promote the creation of vibrant public spaces that facilitate strong civic and social engagement, through deliberate planning, design, construction, and management. 2. Advance Equity Promote, through plans, regulations, and investments, equitable sharing of the benefits and burdens of development including access to housing, recreational opportunities, and transportation choices. Provide technical and strategic support for inclusive community planning and decision making to ensure social, economic, and environmental justice. Ensure that the interests of our most vulnerable populations and future generations are not compromised by today's decisions. 3. Make Efficient Decisions Make state and local regulatory, investment, and permitting processes clear, predictable, coordinated, and timely. Ensure that zoning and other development guidelines and regulations result in projects that align with the goals of smart growth, environmental stewardship, and healthy communities. Set goals and track performance to enhance consistency with these Principles. 4. Protect Land and Ecosystems Protect and restore environmentally sensitive lands, natural resources, productive forest and agricultural lands, critical habitats, wetlands and water resources, and cultural and historic landscapes. Increase the quantity, connectivity, quality and accessibility of open spaces and recreational opportunities. 5. Use Natural Resources Wisely Site, design, construct, and promote developments, buildings, and infrastructure that conserve natural resources by reducing waste and pollution through efficient use of land, energy, water, and materials. Operate fleets, facilities, and other assets in a manner that reduces greenhouse gas emissions, costs, and resource consumption. Advance the use and reuse of durable, sustainable materials considering their production, transportation, use, and disposal. Protect, enhance, and restore natural infrastructure and promote ecological design. - 31 - 6. Expand Housing Opportunities Support the construction and rehabilitation of homes to meet the needs of people of all abilities, income levels, and household types. Build homes near jobs, transit, and where services are available. Encourage energy-efficient design, the use of sustainable materials, and consideration of resiliency to climate change and extreme weather. Foster the development of housing, particularly multifamily and smaller single-family homes, in a way that is compatible with the community's character and vision, while providing new housing choices for people of all means. 7. Provide Transportation Choice Maintain and expand transportation options to enhance mobility, maximize access, promote healthy and active lifestyles, reduce congestion, minimize fuel consumption, improve air quality, reduce greenhouse gas emissions, and ensure the safety of those traveling by all modes. Prioritize rail, bus, boat, rapid and surface transit, shared-vehicle and shared-ride services, bicycling, and walking in order to increase travel by these modes. Consider climate change impacts in transportation planning, project selection, and prioritization, ensuring infrastructure resilience and provision of transportation options during extreme weather events. Distribute resources equitably. Invest strategically in existing and new passenger and freight transportation infrastructure that supports sound economic development and housing construction consistent with smart growth objectives. 8. Increase Job and Business Opportunities Encourage businesses to locate near housing, infrastructure, and transportation options. Promote economic development through policies and programs intended to enhance the business climate in Massachusetts across industry sectors. Expand access to education, training, and entrepreneurial opportunities. Support the growth of local businesses, including sustainable natural resource-based businesses, such as agriculture, forestry, clean energy technology, and fisheries. Protect and enhance the basis of natural resource economies. 9. Mitigate and Adapt to Climate Change Endeavor to limit and prepare for climate change. Reduce greenhouse gas emissions from buildings, electricity generation, transportation, and other sources through decreased consumption of fossil fuels. Maximize energy efficiency and renewable energy opportunities. Support energy conservation strategies, local clean power generation, distributed generation technologies, and innovative industries. Encourage ecological siting and design before mechanical solutions. Protect against hazards in order to enhance resilience and decrease vulnerability to climate change and natural disasters in the natural and built environment. Promote redundancy of critical systems and coordinated regional, state, and local resilience planning in response to climate change and extreme weather events. 10. Plan Regionally Support the collaborative development and implementation of local, regional, state, and interstate plans that are consistent with these Principles. Foster development projects, land and water conservation, transportation and housing that have a regional or multi-community benefit. Consider the long-term ecological, economic, and social costs, benefits, and impacts to the residents and natural resources of the Commonwealth. - 32 - EXHIBIT 4 Guidelines for Project Consistency with the Commonwealth’s Sustainable Development Principles Important choices about where and how Massachusetts will grow are made every day. These decisions have profound implications. While the Commonwealth has made progress, more needs to be done to ensure that the interests of future generations are not compromised by today’s decisions. It will take our cooperative efforts to build a greater quantity and diversity of housing, develop the businesses we need to provide jobs and increase revenue, and do a better job of acting as stewards of our natural resources for future generations. The administration is interested in working in partnership with the development community and municipalities to improve our conservation and development practices. State policies, programs, and investments must encourage smart growth and development interests and municipalities must do the same. The Commonwealth has established a framework to insure a strong economic future for the state and a high quality of life for its residents by undertaking a comprehensive approach to housing and community investment in a way that respects landscape and natural resources. The administration believes that sustainable development can and should take place in all communities. To be successful, our investments must bring the housing market into equilibrium and enable the state to attract new businesses while making strategic land use choices. In order to achieve our housing and community development goals, we rely on our strategic partners to develop projects that enable us to optimize our limited natural and financial resources. The administration has refined its 10 Principles of Sustainable Development as a way to articulate and describe this vision to our strategic partners and to guide our investment decisions. Projects seeking funding from DHCD’s Community Development Block Grant (CDBG) programs must be consistent with the Principles of Sustainable Development in the manner described below. A community development project must adhere to Method 1, Method 2 or Method 3. Method 1 Be consistent with Concentrate Development and Mix Uses. Support the revitalization of city and town centers and neighborhoods by promoting development that is compact, conserves land, protects historic resources, and integrates uses. Encourage reuse and rehabilitation of existing sites, structures, and infrastructure rather than new construction in undeveloped areas. Create pedestrian friendly districts and neighborhoods that mix commercial, civic, cultural, educational, and recreational activities with open space and homes. In order to demonstrate consistency with this principle for Method 1, a project must: a. Involve the rehabilitation or redevelopment of, or improvements to, vacant or occupied, existing structures or infrastructure; or b. If new construction, contribute to the revitalization of a town center or neighborhood and/or be walkable to transit; the downtown; a village center; a school; a multiple activity retail, services or employment center; or be located in a municipally-approved growth center. - 33 - Method 2 Be consistent with at least five (5) of the Sustainable Development Principles, of which one must be either Protect Land and Ecosystems or Use Natural Resources Wisely. Method 3 If a housing project involving new construction is sited on municipally owned or municipally provided land, involves municipal funding or is supported by a letter from the chief elected official of the municipality at the time of Project Eligibility or an application for funding, only four (4) of the Principles must be met, of which one must be Concentrate Development and Mix Uses, Protect Land and Ecosystems or Use Natural Resources Wisely. See Further Guidance below for examples of ways in which a project can be consistent with Concentrate Development and Mix Uses beyond the characteristics used in Method 1. Further Guidance Each Principle is listed below with examples of ways projects may demonstrate consistency. Projects need to satisfy only one of the examples, not all those listed; other ways to satisfy the Principles will also be considered. Concentrate Development and Mix Uses: Support development that is compact, conserves land, integrates uses, and fosters a sense of place. Create walkable districts mixing commercial, civic, cultural, educational and recreational activities with open space and housing for diverse communities. Examples of ways to demonstrate consistency: � The project creates or supports mixed use hat serves a diversity of needs informed by inclusive community engagement efforts. � The project rehabilitates or redevelops existing structures or infrastructure, including rehabilitation of housing that will expand housing choice through greater accessibility or lead paint removal. � The project involves new construction that contributes to town or center revitalization, including projects that will improve access to jobs, educational opportunities, or health and human services. � The project is at a higher density than the surrounding area. � The project adds new uses to an existing neighborhood that improves access to commercial, civic, cultural, educational, and recreational activities. � The project produces multi-family housing that serves diverse household types and populations, including families with children, elders, and persons with disabilities. � The project utilizes existing water and/or sewer infrastructure. � The project is compact and/or clustered so as to preserve undeveloped land. Advance Equity: Promote equitable sharing of the benefits and burdens of development. Provide technical and strategic support for inclusive community planning to ensure social, economic, and environmental justice. Ensure that the interests of future generations are not compromised by today’s decisions. Examples of ways to demonstrate consistency: � The project involves a concerted public participation effort (beyond the minimally required public hearing), including the involvement of community members, residents/potential residents of the - 34 - development and/or key stakeholders in the equitable planning and design of the project, that is inclusive of racial/ethnic minority groups, persons with disabilities, and a range of household types and income levels. � The project conforms to Universal Design standards and/or incorporates features that allow for “visitability”. � The project creates affordable family housing in a neighborhood or community whose residents are predominantly middle to upper income and/or meets a regional need. � The project targets investment in a high-poverty area and makes available affordable homeownership and rental opportunities, particularly preservation of affordable housing opportunities to prevent resident displacement. � The project promotes diversity and social equity and improves the neighborhood. � The project supports at least one of DHCD’s Affirmatively Furthering Fair Housing (“AFFH”) goals and/or addresses barriers identified in DHCD’s Analysis of Impediments to Fair Housing. (See list of AFFH goals and impediments/contributing factors to fair housing Issues outlined at https://www.mass.gov/doc/analysis-of-impediments-action-steps-table-2019/download .) Make Efficient Decisions: Make regulatory and permitting processes for development clear, transparent, cost-effective, and oriented to encourage smart growth and regional equity. � The project involves a streamlined permitting process, such as found in Ch. 40B, 40R or 43D. Protect Land and Ecosystems: Protect and restore environmentally sensitive lands, natural resources, agricultural lands, critical habitats, wetlands and water resources, and cultural and historic landscapes. Increase the quantity, quality and accessibility of open spaces and recreational opportunities. Examples of ways to demonstrate consistency: � The project involves the creation or preservation of open space or passive recreational facilities. he project furthers equitable distribution of environmental benefits and serves Environmental Justice Populations.6 � The project protects sensitive land, including prime agricultural land, and/or resources from development. � The project involves environmental remediation or clean up. � The project is part of the response to a state or federal mandate (e.g., clean drinking water, drainage). � The project eliminates/reduces neighborhood blight. � The project addresses a public health and safety risk. � The project increases the accessibility of open spaces and recreational opportunities. � The project significantly enhances an existing community or neighborhood by restoring an historic landscape. Use Natural Resources Wisely: Construct and promote developments, buildings, and infrastructure that conserve natural resources by reducing waste and pollution through efficient use of land, energy, water, and materials. Examples of ways to demonstrate consistency: 6 Environmental Justice Policy of the Executive Office of Energy and Environmental Affairs at https://www.mass.gov/doc/environmental-justice-policy6242021-update/download - 35 - � The project uses alternative technologies for water and/or wastewater treatment that result in land or water conservation. � The project uses low impact development (LID) or other innovative techniques for storm water management that result in land or water conservation. � The project repairs or rehabilitates sewer or water infrastructure to conserve resources. Expand Housing Opportunities: Support the construction and rehabilitation of homes to meet the needs of people of all abilities, income levels, and household types. Build homes near jobs, transit, and where services are available. Foster the development of housing, particularly multifamily and smaller single- family homes, in a way that is compatible with a community's character and vision and with providing new housing choices for people of all means. Examples of ways to demonstrate consistency: � The project increases the number of rental units available to residents of the Commonwealth, including rental voucher holders, other low- or moderate-income households, and families with children. � The project increases the number of homeownership units available to residents of the Commonwealth, including low- or moderate-income households, particularly in areas impacted by disinvestment and that have lower homeownership rates. � The project increases the number of affordable and accessible housing options for special needs populations and people with disabilities. � The project expands the term of affordability � The project supports at least one of DHCD’s Affirmatively Furthering Fair Housing (“AFFH”) goals and/or addresses barriers identified in DHCD’s Analysis of Impediments to Fair Housing. (See list of AFFH goals and impediments/contributing factors to fair housing Issues outlined at https://www.mass.gov/doc/analysis-of-impediments-action-steps-table-2019/download .) Provide Transportation Choice: Maintain and expand transportation options that maximize mobility, reduce congestion, conserve fuel and improve air quality. Prioritize rail, bus, boat, rapid and surface transit, shared-vehicle and shared-ride services, bicycling, and walking. Invest strategically in existing and new passenger and freight transportation infrastructure that supports sound economic development consistent with smart growth objectives. Examples of ways to demonstrate consistency: � The project is walkable to public transportation. � The project reduces dependence on private automobiles (e.g., provides previously unavailable shared transportation (such as Zip Car or shuttle buses). � The project reduces dependence on automobiles by providing increased pedestrian and bicycle access. � For rural areas, the project is located in close proximity (i.e., approximately 1 mile) to a transportation corridor that provides employment centers, retail/commercial centers, civic or cultural destinations. Increase Job and Business Opportunities: Attract businesses and jobs to locations near housing, infrastructure, and transportation options. Promote economic development in industry clusters. Expand access to education, training, and entrepreneurial opportunities. Support the growth of local businesses, including sustainable natural resource-based businesses, such as agriculture, forestry, clean energy technology, and fisheries. Examples of ways to demonstrate consistency: � The project creates or retains permanent jobs. - 36 - � The project creates or retains permanent jobs for low- or moderate-income persons. � The project locates jobs near housing, service or transit. � The project supports natural resource-based businesses, such as farming, forestry, or aquaculture. � The project involves the manufacture of resource-efficient materials, such as recycled or low toxicity materials. � The project supports businesses which utilize locally produced resources such as locally harvested wood or agricultural products. Mitigate and Adapt to Climate Change: Maximize energy efficiency and renewable energy opportunities. Support energy conservation strategies, local clean power generation, distributed generation technologies, and innovative industries. Reduce greenhouse gas emissions and consumption of fossil fuels. Examples of ways to demonstrate consistency: � The project complies with EPA’s Energy Star guidelines or with a similar system. � The project uses a renewable energy source, recycled and/or non-/low-toxic materials, exceeds the state energy code, is configured to optimize solar access, and/or otherwise results in waste reduction and conservation of resources. � The project reuses or recycles materials from a local or regional industry's waste stream. Plan Regionally: Support the development and implementation of local and regional, state and interstate plans that have broad public support and are consistent with these principles. Foster development projects, land and water conservation, transportation and housing that have a regional or multi- community benefit. Consider the long-term costs and benefits to the Commonwealth. Examples of ways to demonstrate consistency: � The project is consistent with a municipally supported regional plan that identifies sub region, area or location, and the number and type of housing units or jobs needed that are responsive to regional needs and consistent with DHCD’s AFFH goals. � The project supports at least one of DHCD’s Affirmatively Furthering Fair Housing (“AFFH”) goals and/or addresses the barriers identified in a regional Analysis of Impediments to Fair Housing Choice. (See list of AFFH goals and impediments/contributing factors to fair housing Issues outlined at https://www.mass.gov/doc/analysis-of-impediments-action-steps-table-2019/download.) � The project has a measurable public benefit beyond the applicant community. NOTES: Projects that entirely serve to eliminate a public health or safety risk (e.g., demolition of a blighted structure) are exempt from the Sustainable Development threshold. In addition, CDBG-funded Public Social Service and business assistance for projects not requiring construction are also exempt. Projects seeking funding from the state’s community development programs remain subject to the specific programmatic requirements. Similarly, projects proposed under c. 40B are governed by MGL c. 40B Sections 20-23, and applicable regulations, as well as all Fair Housing Laws. Projects should also demonstrate consistency with the Commonwealth’s Fair Housing Principles, attached at the end of this document. - 37 - EXHIBIT 5 Massachusetts Fair Housing Mission Statement and Principles The mission of DHCD through its programs and partnerships is to be a leader in creating housing choice and providing opportunities for inclusive patterns of housing occupancy to all residents of the Commonwealth, regardless of income, race, religious creed, color, national origin, sex, sexual orientation, age, ancestry, familial status, veteran status, or physical or mental impairment. It shall be our objective to ensure that new and ongoing programs and policies affirmatively advance fair housing, promote equity, and maximize choice. In order to achieve our objective, we shall be guided by the following principles: 1. Encourage Equity. Support public and private housing and community investment proposals that promote equality and opportunity for all residents of the Commonwealth. Increase diversity and bridge differences among residents regardless of race, disability, social, economic, educational, or cultural background, and provide integrated social, educational, and recreational experiences. 2. Be Affirmative. Direct resources to promote the goals of fair housing. Educate all housing partners of their responsibilities under the law and how to meet this important state and federal mandate. 3. Promote Housing Choice. Create quality affordable housing opportunities that are geographically and architecturally accessible to all residents of the commonwealth. Establish policies and mechanisms to ensure fair housing practices in all aspects of marketing. 4. Enhance Mobility. Enable all residents to make informed choices about the range of communities in which to live. Target high-poverty areas and provide information and assistance to residents with respect to availability of affordable homeownership and rental opportunities throughout Massachusetts and how to access them. 5. Promote Greater Opportunity. Utilize resources to stimulate private investment that will create diverse communities that are positive, desirable destinations. Foster neighborhoods that will improve the quality of life for existing residents. Make each community a place where any resident could choose to live, regardless of income. 6. Reduce Concentrations of Poverty. Ensure an equitable geographic distribution of housing and community development resources. Coordinate allocation of housing resources with employment opportunities, as well as availability of public transportation and services. 7. Preserve and Produce Affordable Housing Choices. Encourage and support rehabilitation of existing affordable housing while ensuring that investment in new housing promotes diversity, and economic, educational, and social opportunity. Make housing preservation and production investments that will create a path to social and economic mobility. 8. Balance Housing Needs. Coordinate the allocation of resources to address local and regional housing need, as identified by state and community stakeholders. Ensure that affordable housing preservation and production initiatives and investment of other housing resources promote diversity and social equity and improve neighborhoods while limiting displacement of current residents. 9. Measure Outcomes. Collect and analyze data on households throughout the housing delivery system, including the number of applicants and households served. Utilize data to assess the fair housing impact of housing policies and their effect over time, and to guide future housing development policies. 10. Rigorously Enforce All Fair Housing and Anti-Discrimination Laws and Policies. Direct resources only to projects that adhere to the spirit, intent, and letter of applicable fair housing laws, civil rights laws, disability laws, and architectural accessibility laws. Ensure that policies allow resources to be invested only in projects that are wholly compliant with such laws. TO: Donna Kalinick, Jill Scalise, Peter Lombardi, Town of Brewster FROM: Cassie Boyd Marsh, Bailey Boyd Associates, Inc. DATE: December 1, 2022 RE: FY21 Brewster CDBG Program Monthly Update Administration: Administration continues to go well. DHCD has scheduled training for the FY22/23 grant, which is due on March 3rd. We’re looking forward to discussing this available opportunity with the Town staff and Select Board. Housing Rehabilitation: The Housing Rehabilitation program currently has nine projects in progress, including five that have successfully gone out to bid for a General Contractor and ordered materials to begin construction. Two additional projects are currently out to bid with the remaining two scheduled to go out to bid this month. Using estimated project costs, these nine projects will encumber approximately 45% of the available housing rehab loan funds for the grant year. These projects will focus primarily on septic replacements, barrier removal (addressing mobility issues for the resident) and roof replacements. The Resource has begun working with the next three applications on the waitlist, who are collecting the necessary documentation for program approval. TRI is also keenly aware of the supply chain issues still impacting construction materials. White cedar shingles, found on many Cape homes, are incredibly difficult to source. The General Contractors we work with are on national databases seeking supplies and can still face a six-month waiting period. TRI takes that into account when scheduling projects, planning for the worst but hoping for the best. Childcare Subsidy Program: We’re continuing to see new applications arrive for the Childcare Subsidy Program and steady monthly billing from those already approved. We have 17 full applications in hand and are funding 15 children from income-qualified families. Those 15 children currently represent 40% of the available funds for the year. As the grant progresses we’ll allocate the remainder of the funds to both new applicants and additional funds allocations for the current families. Though each child in the program is eligible for a maximum of $6,000 during the period of the grant, initial allocations start at $2,000- $3,000 depending on the age of the child. Supplemental allocations up to the $6,000 maximum are available as needed and on a first-come, first-serve basis. Brewster Recycling Commission 1 Margretta Morris, Brewster Recycling Commission Chair Dec. 19, 2022 The Problem of Nip Bottles in Roadside Trash: Policy Options for the Town of Brewster to Consider Brewster Recycling Commission 2 About Nips Nip Bottles: Single-use, miniature alcoholic spirits bottles Usually plastic & less than 100 milliliters Why are nips popular? Offer quick infusion of alcohol Used to drink illegally while driving; can be easily discarded from vehicle to avoid having evidence in vehicle if stopped by law enforcement Can be smuggled into bars/other facilities to avoid paying for drinks Due to markup, offer sellers good revenue stream Market Watch, Nov. 5, 2020 Brewster Recycling Commission 3 Problems Related to Nips’ Use 1. Litter from discarded nips; “a littering epidemic” 2. Nips are not recyclable; become solid waste 3. Public health/safety issues when drivers drink nips while operating a motor vehicle, putting themselves & others at risk of harm*Portland Press HeraldMarthas Vineyard TimesNip Bottle Sales Wisconsin Public RadioLitter Potential/Actual Risk of Operating While Impaired *A significant problem but not within the purview of the Recycling Commission Brewster Recycling Commission 4 Does Brewster Have a Nip Bottle Problem? Beautify Brewster (Apr. 15, 2021) Beautify Brewster Nip Bottle Data YEAR # NIPS COLLECTED NOTES 2019 ~1,000 2020 n/a No event due to pandemic 2021 3,376 2 years’ worth of nips since no collection previous year Estimate ~1,680 for 2020 & ~1,680 for 2021 2022 2,767 Brewster Recycling Commission 5 Actions to Ban Nips in Other Mass. Municipalities MUNICIPALITY ACTION TO BAN NIPS EFFECTIVE DATE Chelsea Ban by licensing authority (City’s Licensing Commission)Oct. 2018 Mashpee Ban by licensing authority (Selectmen)July 2021 Falmouth Ban by Town Meeting (bylaw)Oct. 2021 Wareham Ban by Town Meeting (bylaw)May 2022 Newton Ban by licensing authority (City’s Licensing Commission June 2022 Nantucket Ban by Town Meeting (bylaw)Jan. 1, 2023 Brewster Recycling Commission 6 Policy Option 1: Licensing Authority Action OPTION 1: Municipal Liquor Licensing Authority can ban sale of nips This option was used by Mashpee, Newton & Chelsea Liquor licensing authority in Brewster is the Select Board For example, City of Newton liquor regulations now state: Brewster Recycling Commission 7 Policy Option 2: Town Meeting Bylaw OPTION 2: Town meeting may pass a warrant article banning the sale of nips in Brewster This option was used by Falmouth, Wareham & Nantucket Mass. Attorney General approved Falmouth warrant article; concluded it is not in conflict with state law (April 2021) For example, Falmouth Town Code now states: Brewster Recycling Commission 8 Policy Option 2: Falmouth’s Warrant Article EXPLANATION (excerpt): This article proposes a bylaw to ban the sale of so-called “nip” bottles. There are compelling reasons to support such a ban given the proliferation of nip bottles found along roadsides and throughout Town. ARTICLE 34: To see if the Town will vote to adopt the following ban on the sale of miniature single use containers for alcoholic beverages as a general by-law and to insert into the Code of the Town of Falmouth, Massachusetts as Chapter 79-4: "The sale of alcoholic beverages in containers less than or equal to 100 milliliters is prohibited within the Town of Falmouth." Effective: January 1, 2021. (Citizen’s petition) Brewster Recycling Commission 9 Recycling Commission Recommendation The Brewster Recycling Commission Recommends: Policy Option 2: An article in the Spring 2023 warrant banning the sale of alcoholic beverages in containers less than or equal to 100 milliliters in the Town of Brewster; to be effective Dec. 1, 2023 The Recycling Commission can forward a draft article or the Select Board could submit the article. This timeline would provide the Town Administration/Recycling Commission sufficient time to inform/educate local alcohol retail establishments about the proposed change. (8 retail businesses would be affected if policy is adopted) Brewster Recycling Commission 10 The Brewster Recycling Commission Margretta Morris, Chair Annie Dugan, Member Peter Johnson, Member Griffin Ryder, Member Katie Scott, Member Pat Semple, Member Susan Skidmore, Member Mary Chaffee, Select Board Liaison Frank Briggs, Finance Committee Liaison Annette Graczewski, Board of Health Liaison Thank You Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov To: Brewster Select Board From: Erika Mawn Date: January 6, 2023 RE: Request for Transfer Permit Waiver- Eric Steltzer The Town Administration office has been communicating with Mr. Eric Steltzer since April 15, 2022 regarding Brewster resident permits. The property at 135 Old Valley Road is currently under the ownership of Nancy Emerson (also known as Nancy Hallberg-Emerson), who granted the property to Eric Steltzer, as Trustee of the Hallberg Family Trust, but reserving to the grantor (Nancy Emerson) a life estate. Since April 2017, the property has been held in a Life- Estate, meaning that the ownership of the property does not pass to the Trust, or its’ Trustees until Ms. Halberg-Emerson passes away or the property is transferred via a recorded deed. Mr. Steltzer has been advised that the permits he received in previous years were issued in error and for 2022 and forward, he would not be eligible to receive resident permits based on the ownership of the property. Mr. Steltzer requested a waiver through the Assistant Town Administrator, but his request was denied citing the rules and regulations regarding resident permits. The rules and regulations have been printed on the mail-in forms since 2019, a copy of which are included in the packet. Mr. Stelzer contends that the Town changed the rules as it relates to Trustees of Life Estates. The past (4) years of mail-in forms have had the same language regarding Life Estates, which is that Trustees of Life Estates are not eligible for resident permits. In May 2022, Mr. Steltzer contacted the Town Clerk for a public records request. His original request was modified and on June 16, 2022, he received the documentation requested. Mr. Steltzer contacted Ms. Kalinick and requested her support in contacting the Select Board to modify the rules and regulations for permits. He was advised that Town Administration would not support a change in the rules in the middle of the season out of fairness. In late October 2022, Town Administration received a waiver request for a transfer permit and supporting materials for the Select Board’s consideration. If a waiver was approved by the Board, Town Administration believes that the rules and regulations for 2023 should be changed to allow all properties held in a Life Estates that confer to Trusts the same rights, not just to grant this one individual requests. At this time, we do not have a count on exactly how many additional permits this would equate to since it would mean that properties held in a Life Estate and Trust, along with the Trustees would all qualify for permits. Additionally, properties can change ownership at any time throughout the year. Office of: Select Board Town Administrator The information provided by Mr. Steltzer is 2021 data. The Beach Permit office is instructed each year to carefully issue permits and to abide by the rules and regulations set by the Select Board. Since the permit tracking software now downloads the Assessor’s data each night, we have been able to more easily verify permits that were issued in error in the past. Mr. Steltzer was not the only one affected; there have been others who have been denied permits based on the rules and regulations. Furthermore, since these rules and regulations have been in place for several years, many trustees of Life Estates do not apply for permits as they are aware of the regulations. In the data presented, under “Life Estate issued permit w/ Trustee” 8 of the 37 total permits issued were completed in error, 3 of them being to Mr. Steltzer. The documentation provided by Mr. Steltzer includes: Waiver Request letter Declaration of Trust of 135 Old Valley Road Resident Permit Requirements screen shot from Town of Brewster website Resident Permit Requirements screen shot from Town of Brewster website Assessor Database Data (accessed May 2022) 2021 Permit Data (obtained through public records request) Changes to the current rules and regulations would not affect Mr. Steltzer’s situation as the property is currently held in a Life Estate, not a Trust, unless the Board were to allow future Trustees of Trusts that survive Life Estates the right to a resident permit. The transfer station does allow a one-day pass for anyone who does not hold a resident permit for $10/day. In 2022, the Permit Sales Staff and Administrator’s office were especially careful about the issuance of resident permits due to the increased demand from the opening of First Light Beach. October 22, 2022 Select Board 2198 Main Street Brewster, MA 02631 Dear Select Board: Per the Town of Brewster (Town) bylaw Chapter 122-6, I am requesting a waiver for a resident transfer permit. For the past three years the Town has issued a permit to me, however I was denied the permit in April 2022. Therefore, I am reluctantly bringing the matter before the Select Board (Board). Background Our family has owned property located at 135 Old Valley Road since the early 1980’s. Following my stepfather’s passing, the home was placed into a life estate trust in 2017.1 My mother, Nancy Hallberg Emerson, is the donor and I am the sole trustee of the property. Between 2017-2019, my mother continued to reside at the property. In 2019, the house became too much for her to manage and she permanently moved out of the property to live in an independent living facility in Yarmouthport. All of her personal belongings have been removed from the property. Since 2019, I, as the trustee, have had financial responsibilities for the property. All utility bills, insurances, and property taxes are under my name and are paid for by me. My personal belongings have been moved into the premise. My wife, kids and I are part-time residents, visiting as often as 2-3 times each month throughout the entire year. In 2019, when I took over the management of the property, I inquired with the Town whether I was eligible for resident permits. I was informed that I was eligible since I was a trustee of the trust. In 2019, 2020, and 2021 I applied for and received resident permits in accordance with the Town’s Rules and Regulations that were in place at the time.2 Each year I included all necessary paperwork, including a copy of the life trust. 1 Attachment A- Life Trust 2 Attachment B- 2021 Town’s Rules and Regulations, the Town has confirmed that these are the complete, unabbreviated Rules and Regulations, accessed in April 2022. 2 In April 2022, I was denied a transfer permit, citing the Town’s new 2022 Rules and Regulations.3 The Town stated that per the Rules and Regulations, trustees of life trusts are not eligible. Town’s perspective In communications with the Town between April 2022 and July 2022, the Town stated that it was reviewing applications for resident permits more stringently since First Light Beach was acquired. The Town has stated that the Rules and Regulations have never allowed trustees of life trusts to access resident permits and that the Town made an error in issuing permits to me in 2019, 2020, and 2021. The Town stated that there are numerous households that are in my situation, and that a trustee of a life trust should not be granted permits. The Town does not support granting me a waiver because if they grant me a waiver, they will have to grant a waiver to everyone. The Town has expressed concern that if it grants trustee of life trusts resident permits, that other trustees will want to extend access to beneficiaries of trusts. For these reasons, the Town has stated that they do not support my request for a waiver to the Board. Rebuttal Each of these positions by the Town is unfounded based on records held by the Town. I will address each of these in turn. First, the Town’s position is that it made an error in issuing me permits for three years and that trustees of life trusts were never allowed resident permits. However, the Town’s Rules and Regulations for 2021 state the following: “For properties held in trusts, the trustees of the trust are eligible, not the beneficiaries. Trustees must present excerpts of the Trust documents showing the Brewster address and the names of the trustees.”4 This language is unambiguous. It grants all trustees, regardless of the type of trust, access to resident permits. As the staff at the Town must implement the policies set by the Board, the staff reviewed my application, including a copy of life trust, and appropriately issued me a 3 Attachment C- 2022 Town’s Rules and Regulations, the Town has confirmed that these are the complete, unabbreviated Rules and Regulations, accessed in April 2022. 4 This language was also in place in 2019 and 2020 Rules and Regulations. 3 permit in accordance with the Rules and Regulations. The language prohibiting trustees of life estates was not inserted by the Town and adopted by the Board until 2022. Specifically, the 2022 Rules and Regulations state: “For properties held in a Trust and/or LLC, a copy of the pages which show the property address and names of Trustees and/or LLC members must be provided. *Only named Trustees/LLC member are eligible for permits. Excludes Trustees of life-estates and “remainder” interests until property owners are deceased.” (emphasis added) The insertion of the language suggests that there was a clear desire to make a policy change and explicitly exclude trustees of life trusts. The staff of the Town must use a plain reading of the regulations in implementing the policies set by the Board. The Town therefore did not make an error and it appropriately granted me a permit as required by the Rules and Regulations adopted by the Board. Second, the Town’s position is that there are numerous people that are in my situation, and they should not be granted residential permits. In review of the data held by the Town, this position is unfounded. Please see Attachment D and specifically the tab labelled summary5. The data from the assessor’s office reveals that only 103 properties out of 7,942 are held in life trust. This is 1.3% of residential properties in Brewster. Of these, only 24 properties in life trusts meet the eligibility requirement listing the trustee in the assessor’s database. This represents a meager 0.3% of all residential properties in Brewster. The permitting data paints a similar picture. In 2021, there were 5,129 residential permits issued. Only 148 permits were issued to properties held in life trust, and only 37 permits (0.3%) were issued to properties in life trusts with trustees listed. These 37 permits were issued to 13 out of the 24 residential properties with trustees listed. Therefore, the exclusion of trustees of life trusts will account for a de minimis number of permits and have no effect at beach parking, including at First Light Beach. Third, the Town has expressed that if the Board granted me a waiver, the Town must offer a waiver to everyone that requests. This approach would be unfair to implement. First, the Town has not been granted authority from the Board to issue waivers to denials according to the Rules and Regulations for resident permits. This authority lies solely with the Board. Second, it would be inappropriate of the Board to apply a universal approval to all waiver 5 Attachment D- Assessor Database accessed May 2022 and Permit data accessed June 2022. Spreadsheet contains all original raw data which was used to develop the summary tab. 4 requests based solely on the fact that it offered a waiver to someone else. Instead, it is appropriate for the Board to review each case individually and issue a decision on the waiver based on the facts at hand. In my situation, the facts are that I have been granted a transfer permit for three years, I am a trustee of a life trust, I pay the property tax, all utilities and insurance, and I am a part-time resident in Brewster. Based on the assessor and permit data, there are 24 properties in a life trust that have trustees listed with the registry of deeds, 11 of which have not been provided permits in the past. Therefore, it is highly unlikely that there are any similar situations to mine in Brewster and if there are, it is limited to a handful of properties, not the numerous properties suggested by the Town. Finally, the likelihood that a trustee of a life trust will be seeking a waiver for a transfer permit, rather than a beach permit, is extremely unlikely. Therefore, there is little, if any, risk that granting me a waiver request would lead to wider concerns expressed by the Town. Fourth, the Town has also expressed concerns that trustees would want beneficiaries to have access to permits. Granting me a waiver would not create any new pressure to the Town that does not already exist because historically ALL trustees of trusts have been allowed access to permits, not beneficiaries. Even if a request is made for beneficiaries to be eligible, the Town’s retort to continue excluding beneficiaries is justifiable because trustees have legal and financial rights that a beneficiary does not retain. For example, a life trust is a legal instrument that restricts the donor’s ability to take on debt against the property or even sell the property without the explicit approval of the trustee of the trust. The same cannot be said about a beneficiary. For these reasons it is appropriate and equitable for the Town to draw a distinct line to allow trustees of trusts, including trustees of life trusts, access to residential permits and to prohibit residential permits to beneficiaries who have no legal, financial, or management interests of a property in Brewster. Finally, I would like to address the process of adopting the Rules and Regulations for resident permits as I believe it relevant to the case at hand. The Board was given a packet on March 18, 2022 containing 564 pages. This was three days prior to the Board’s meeting on March 21, 2022 when it adopted the 2022 Rules and Regulations. At this meeting, the Town staff did not inform the Board of the changes pertaining to trusts, nor was there a discussion. Given the volume of material, and limited time to review, I am concerned that the Board may not have been aware of the impact these proposed changes would have on residents in Brewster. An improved practice would be for the Town to provide a redline copy of the Rules and 5 Regulations so the Board can more clearly see the changes proposed by staff. Additionally, affording a public comment period would create a more participatory process and allow the Board to hear from residents how the Rules and Regulations may impact them. These simple steps would not take a significant amount of resources or time, and would provide measurable improvements. Conclusion It remains unclear to me why the Town has chosen to propose exclusionary language for trustees of life trusts in the 2022 Rules and Regulations that were adopted by the Board. If the Town had reviewed the assessor and permit database, it would see that taking such actions would only affect 0.3% of properties and permits issued. In developing the 2023 Rules and Regulations, I would encourage the Town and the Board to consider other measures to limit permits. I appreciate that this is a relatively small matter, and I was hesitant to bring it to the board. However, after several failed attempts to reach an equitable solution with the Town I reluctantly bring my request to you. My simple ask is that I am given a waiver to receive a transfer permit. As a taxpayer in Brewster, with legal rights and financial interest to the property, I believe it is equitable for me to maintain access to a transfer permit that I have been granted in the past. The Town offers permits to all other trustees of properties held in trust and it also offers resident/taxpayer permits to part-time residents, such as myself. Thank you for your consideration and I look forward to answering any of your questions at the public hearing. Sincerely, Eric Steltzer 135 Old Valley Road Brewster, MA 02631 !508-896-3701 508-896-8089 (fax) "2198 Main St Brewster, MA 02631 Hours: M-F, 8:30am-4:00pm #brewster@brewster-ma.gov $ Contact InformationContact Information Web & Info LinksWeb & Info Links Governmental Websites + Community Organizations + Dept. Phone Directory + Website Policy & Terms of Service+ Email Newsletter Subscription + Search Our SiteSearch Our Site PersonnelPersonnel Employment + Resident Permit RequirementsResident Permit Requirements 1. General Eligibility and Requirements a. Beach parking permits are required June 15 through the Sunday of Labor Day weekend from 9am to 4pm. Recycling Center permits are valid from July 1 - June 30 each year.bEligible persons for the purpose of these rules and regulations are persons who are entitled to resident permits as they meet the real estate property owner or year-round resident requirements outlined below. b. The burden of proof of resident permit eligibility rests on the applicant. At all times the permit remains the property of the Town of Brewster. The person who has purchased the permit has purchased a use privilege, not the permit itself. The permit may be conﬁscated if it is misused. c. A valid motor vehicle registration must be submitted for each permit request. All permits are vehicle speciﬁc. Each permit will bear the license plate number of the vehicle to which it was issued and shall be valid only if permanently attached to the vehicle (beach permits). d. Guests and relatives of residents/taxpayers are not eligible for a resident/taxpayer permit. This includes members of the immediate family or relatives who are temporarily residing in the Town. e. Each household is entitled to purchase (2) resident beach parking permits at the resident rate of $25.00 per permit. Any permits over (2) in a household are $40.00 per vehicle. Recycling Center permits are $50.00 for the ﬁrst vehicle and $15.00 each additional vehicle. 2. Real Estate Property Owners a. Current year real estate tax bill is required with a minimum annual bill of $450.00. b. Applicants must appear by name on the current real estate tax bill and/or assessor’s list of property owners. New owners who do not have a current year real estate tax bill must provide a copy of the quitclaim deed. c. Spouses and Domestic Partners of real estate property owners are eligible with proof of relationship to or common household with the property owner (e.g. driver’s license, car registration with same address as the property owner). d. Dependent Children under age 19 (or up to age 24 with a college ID) who live with the listed property owner are eligible for resident parking permits. Valid vehicle registration for each vehicle with the resident or property owner as the owner of the vehicle. The dependent will need to show identiﬁcation with the same year- round address as the listed property owner (driver’s license, picture ID or student ID). e. For properties held in trusts, the trustees of the trust are eligible, not the beneﬁciaries. Trustees must present excerpts of the Trust documents showing the Brewster address and the names of the trustees. 3. Non-Property Owner Residents a. Resident must live in Brewster 12 months a year, if vehicle is not registered in Brewster a copy of a 12-month lease must be provided. If a lease is not available, 12 months’ worth of a utility bill must be provided. For tenancy at will, 12 months’ worth of a utility bill must be provided. b. Direct family members (brother/sister/mother/father) of the property owner must reside in the Brewster property 12 months per year as their permanent residence, with proof (driver’s license with Brewster address) or are otherwise not entitled to resident permits. 4. Miscellaneous a. Active-duty military personnel whose home of record is Brewster are eligible for permits. b. If the vehicle is leased, the lease agreement or a monthly bill must be provided in the eligible person’s name. c. cIf the vehicle for the permit is being sought is registered to a business, proof of the eligible person’s ownership of or employment by the business must be provided (e.g., business card or letter on company letterhead). d. An eligible person who does not drive or own a vehicle may ‘transfer’ their permit to one vehicle for the season. A letter must be submitted to the Selectmen’s ofﬁce from the eligible individual stating that they no longer drive or do not own a vehicle and to whom they wish to transfer the permit to, including the registration number of the vehicle. The eligible person must be in the vehicle at the time of entry to the beach or pond parking area. 5. Misuse of Permits- The following shall be considered a misuse of permits a. Registration on permit does not match the license plate of the vehicle to which it is afﬁxed. b. Permit has been altered, defaced, copied, or made unreadable. c. Permit not permanently afﬁxed to the vehicle (beach parking permit). 6. Penalties and Revocation of Permit a. The Board of Selectmen or their agent, may revoke permits for misuse. b. Persons whose permit has been revoked have the right to appeal within ten days, in writing, to the Selectmen’s ofﬁce. th st th 2022 Beach Information + Online Permit Purchase + Mail-In Permit Application + Beach & Landing Policies + Resident Permit Requirements % Rules For Beach Fires + Recycling/Trash at Beach/Rec Areas + Accessible Beach Information + Pets on Public Beaches + Parking Fines + HOMEHOME DEPARTMENTSDEPARTMENTS ++COMMITTEESCOMMITTEES ++ARCHIVESARCHIVES ++E-GOVERNMENTE-GOVERNMENT ++CALENDARCALENDAR !508-896-3701 508-896-8089 (fax) "2198 Main St Brewster, MA 02631 Hours: M-F, 8:30am-4:00pm #brewster@brewster-ma.gov $ Contact InformationContact Information Web & Info LinksWeb & Info Links Governmental Websites + Community Organizations + Dept. Phone Directory + Website Policy & Terms of Service+ Email Newsletter Subscription + Search Our SiteSearch Our Site PersonnelPersonnel Employment + Resident Permit RequirementsResident Permit Requirements 1. General Eligibility and Requirements a. Beach parking permits are required June 15 through the Sunday of Labor Day weekend from 9am to 4pm. Recycling Center permits are valid from July 1 - June 30 each year. Eligible persons for the purpose of these rules and regulations are persons who are entitled to resident permits as they meet the real estate property owner or year-round resident requirements outlined below. b. The burden of proof of resident permit eligibility rests on the applicant. At all times the permit remains the property of the Town of Brewster. The person who has purchased the permit has purchased a use privilege, not the permit itself. The permit may be conﬁscated if it is misused. c. A valid motor vehicle registration must be submitted for each permit request. All permits are vehicle speciﬁc. Each permit will bear the license plate number of the vehicle to which it was issued and shall be valid only if permanently attached to the vehicle (beach permits). d. Guests and relatives of residents/taxpayers are not eligible for a resident/taxpayer permit. This includes members of the immediate family or relatives who are temporarily residing in the Town. e. Each household is entitled to purchase (2) resident beach parking permits at the resident rate of $25.00 per permit. Any permits over (2) in a household are $40.00 per vehicle. Recycling Center permits are $50.00 for the ﬁrst vehicle and $15.00 each additional vehicle. 2. Real Estate Property Owners a. Current year real estate tax bill is required with a minimum annual bill of $450.00. b. Applicants must appear by name on the current real estate tax bill and/or assessor’s list of property owners. New owners who do not have a current year real estate tax bill must provide a copy of the quitclaim deed. c. Spouses and Domestic Partners of real estate property owners are eligible with proof of relationship to or common household with the property owner (e.g. driver’s license, car registration with same address as the property owner). d. Dependent Children under age 19 (or up to age 24 with a college ID) who live with the listed property owner are eligible for resident parking permits. Valid vehicle registration for each vehicle with the resident or property owner as the owner of the vehicle. The dependent will need to show identiﬁcation with the same year- round address as the listed property owner (driver’s license, picture ID or student ID). e. For properties held in a Trust and/or LLC, a copy of the pages which show the property address and names of Trustees and/or LLC members must be provided. *Only named Trustees/LLC member are eligible for permits. Excludes Trustees of life-estates and “remainder” interests until property owners are deceased. 3. Non-Property Owner Residents a. Resident must live in Brewster 12 months a year, if vehicle is not registered in Brewster a copy of a 12-month lease must be provided. If a lease is not available, 12 months’ worth of a utility bill must be provided. For tenancy at will, 12 months’ worth of a utility bill must be provided. b. Direct family members (brother/sister/mother/father) of the property owner must reside in the Brewster property 12 months per year as their permanent residence, with proof (driver’s license with Brewster address) or are otherwise not entitled to resident permits. 4. Miscellaneous a. Active-duty military personnel whose home of record is Brewster are eligible for permits. b. If the vehicle is leased, the lease agreement or a monthly bill must be provided in the eligible person’s name. c. If the vehicle for the permit is being sought is registered to a business, proof of the eligible person’s ownership of or employment by the business must be provided (e.g., business card or letter on company letterhead). d. An eligible person who does not drive or own a vehicle may ‘transfer’ their permit to one vehicle for the season. A letter must be submitted to the Selectmen’s ofﬁce from the eligible individual stating that they no longer drive or do not own a vehicle and to whom they wish to transfer the permit to, including the registration number of the vehicle. The eligible person must be in the vehicle at the time of entry to the beach or pond parking area. e. Wampanoag tribal members are eligible for Tribal beach parking permits. Applicants must provide a copy of their Wampanoag Tribal ID card. 5. Misuse of Permits- The following shall be considered a misuse of permits a. Registration on permit does not match the license plate of the vehicle to which it is afﬁxed. b. Permit has been altered, defaced, copied, or made unreadable. c. Permit not permanently afﬁxed to the vehicle (beach parking permit). 6. Penalties and Revocation of Permit a. The Board of Selectmen or their agent, may revoke permits for misuse. b. Persons whose permit has been revoked have the right to appeal within ten days, in writing, to the Selectmen’s ofﬁce. th st th 2022 Beach Information + Online Permit Purchase + Mail-In Permit Application + Beach & Landing Policies + First Light Beach Policy + Resident Permit Requirements % Rules For Beach Fires + Recycling/Trash at Beach/Rec Areas + Accessible Beach Information + Pets on Public Beaches + Parking Fines + HOMEHOME DEPARTMENTSDEPARTMENTS ++COMMITTEESCOMMITTEES ++ARCHIVESARCHIVES ++E-GOVERNMENTE-GOVERNMENT ++CALENDARCALENDAR Permit Transaction Summary Total Percent of Total Total Permits issued 12655 100.0% Total Permits issued to Life Estate Properties 148 1.2% Total Permits issued to Life Estate Properties listing Trustees 37 0.3% Total Properties Issued Permits 5129 100.0% Life Estate Properties Issued Permits 59 1.2% Life Estate Properties with Trustees issued Permits 13 0.3% Assessor Summary Total Residential Properties 7942 100.0% Total Residential Properties with Life Estates 103 1.3% Total Residential Properties with Life Estates listing Trustee 24 0.3% Potential Town Exposure to allow Life Estate listing Trustees access to permits Total Residential Properties with Life Estate listing Trustee w/o Permit11 Average Permits per property for Life Estates w/ Trustees 2.85 Potential Permits Issued to Life Estate listing Trustee 31 0.25% Total Permits Row Labels Count of DATE OF ISSUE BEACH - RESIDENT 1ST & 2ND - $25 EA 6391 BEACH - RESIDENT 3+ $40 424 SHELLFISH - RESIDENT - $25 682 TRANSFER - RESIDENT 1ST $50 3777 TRANSFER - RESIDENT 2ND $15 1381 Grand Total 12655 Total Life Estate Permits Row Labels Count of DATE OF ISSUE BEACH - RESIDENT 1ST & 2ND - $25 EA 72 BEACH - RESIDENT 3+ $40 1 SHELLFISH - RESIDENT - $25 4 TRANSFER - RESIDENT 1ST $50 54 TRANSFER - RESIDENT 2ND $15 17 Grand Total 148 Life Estate issued permit w/ Trustee Count of DATE OF ISSUE Column Labels Row Labels BEACH - RESIDENT 1ST & 2ND - $25 EASHELLFISH - RESIDENT - $25TRANSFER - RESIDENT 1ST $50TRANSFER - RESIDENT 2ND $15Grand Total ANSON DEANNE B LIFE ESTATE &1 1 1 3 ARTHUR DONALD C TR (LIFE EST)2 1 3 AVONDO KENNETH P JR & SUSAN M LIFE ESTA 2 1 1 4 BUSHEY MICHAEL E (LIFE ESTATE) &1 1 EMERSON NANCY (LIFE ESTATE)2 1 1 4 GIBB URSULA WHYTE LIFE ESTATE &2 2 MERCER RALPH W (LIFE ESTATE) &1 1 MULDOON EDWARD C (LIFE ESTATE &)1 1 2 SCHAUB PAUL A (LIFE ESTATE)3 3 SKIDMORE LEMUEL & SUSAN M (LIFE ESTATE)2 1 1 4 SULLIVAN MARGARET J LIFE ESTAT 1 1 2 SULSKY SARAH S LIFE ESTATE &2 1 1 4 WILK DAVID M (LIFE ESTATE)2 1 1 4 Grand Total 21 1 10 5 37 Total Residential Properties Total Residential Properties in Life Estate Total Residential Properties in Life Estate w/ Trustee listed at Registry of Deeds StateClass (Multiple Items)Row Labels Count of SaleDateLast NAME2 (Multiple Items) ALVES ALBERTINA LIFE ESTATE 1 Row Labels Count of SaleDateLast AMATO ANTHONY & LUCILLE J (LIFE ESTATE)1 Row Labels Count of SaleDateLast R 7942 ANSON DEANNE B LIFE ESTATE &1 ANSON DEANNE B LIFE ESTATE &1 Grand Total 7942 ARTHUR DONALD C TR (LIFE EST)2 ARTHUR DONALD C TR (LIFE EST)2 AVERY BETTE ANNE LIFE ESTATE 2 AVONDO KENNETH P JR & SUSAN M LIFE ESTA 1 AVONDO KENNETH P JR & SUSAN M LIFE ESTA 1 BUSHEY MICHAEL E (LIFE ESTATE) &1 AYCOCK MARY ELLEN (LIFE ESTATE)1 COHEN PHYLLIS (LIFE ESTATE) &1 BALL JOANNE M (LIFE ESTATE)1 DUGAN DOROTHEA (LIFE ESTATE)1 BASSETT JOANNE (LIFE ESTATE)1 EMERSON NANCY (LIFE ESTATE)1 BATTAGLINI PEARL LIFE ESTATE 1 GIBB URSULA WHYTE LIFE ESTATE &1 BELL SHEILA M LIFE ESTATE 1 LANGE JOAN C (LIFE ESTATE) &1 BERGER PAUL E JR (LIFE ESTATE)1 LYNN CARRYL (LIFE ESTATE) &1 BREMNER ALTHEA M LIFE ESTATE 1 MERCER RALPH W (LIFE ESTATE) &1 BRINKER CRAIG A & DORY C (LIFE EST)1 MILLARD STEVE (LIFE ESTATE) &1 BROBERG NANCY LIFE ESTATE 1 MULDOON EDWARD C (LIFE ESTATE &)1 BURGER WALTER R (LIFE ESTATE)1 PANNI EDMUND E (LIFE ESTATE)1 BUSHEY MICHAEL E (LIFE ESTATE) &1 ROCHETTE STEPHEN P (LIFE ESTATE) &2 CARSTANJEN JAN H & JOAN B LIFE ESTATE 1 SCHAUB PAUL A (LIFE ESTATE)1 COFIELD JAMES E JR (LIFE ESTATE)1 SKIDMORE LEMUEL & SUSAN M (LIFE ESTATE)1 COHEN PHYLLIS (LIFE ESTATE) &1 SULLIVAN MARGARET J LIFE ESTAT 1 COLLUM ROBERT L (LIFE ESTATE)1 SULSKY SARAH S LIFE ESTATE &1 CONDON ROBERT L & NANCY A (LIFE ESTATE)1 WHEELER MARY JANE (LIFE EST)1 D'AGOSTINO BARBARA (LIFE EST)1 WHITING ELIN E (LIFE ESTATE) &1 DANIELS LUCY P (LIFE ESTATE)1 WILK DAVID M (LIFE ESTATE)1 DEAN SUZANNE (LIFE ESTATE)1 Grand Total 24 DITZEL JANE F LIFE ESTATE 1 DREWS DOROTHY L (LIFE ESTATE)1 DUGAN DOROTHEA (LIFE ESTATE)1 EASTMAN MARTHA J (LIFE ESTATE)1 ELLIS CAROLYN L (LIFE ESTATE)1 ELLIS GILBERT E (LIFE ESTATE)1 EMERSON NANCY (LIFE ESTATE)1 EMERY BARBARA (LIFE ESTATE)1 FRANKLIN VIVIAN C LIFE ESTATE 1 GIBB URSULA WHYTE LIFE ESTATE &1 GOULD ROSELLEN M LIFE ESTATE 1 GRUNEBAUM LINDA & DAVID LIFE ESTATE 1 GULINO GAIL F (LIFE ESTATE)1 HALL BYRON (LIFE ESTATE)1 HARDIMAN EVELYN V (LIFE ESTATE)1 HELM STEPHANIE ANN (LIFE ESTATE)1 HOYLE CAROL L (LIFE ESTATE)1 HOZA ARTHUR J & MARILYN F (LIFE ESTATE)1 KIRCHNER NANCY J LIFE ESTATE 1 KIRKBRIDE JUNE N (LIFE ESTATE)1 LACH CYNTHIA COLLINS LIFE ESTATE 1 LANGE JOAN C (LIFE ESTATE) &1 LEMKE EARL R & SUSAN H (LIFE EST)1 LONG BARBARA M LIFE ESTATE 1 LYNN CARRYL (LIFE ESTATE) &1 MAGETTERI BARBARA LIFE ESTATE 1 MAGLIOZZI LORAINE E (LIFE ESTATE)2 MCQUEENEY JANE LIFE ESTATE 1 MERCER RALPH W (LIFE ESTATE) &1 MILLARD STEVE (LIFE ESTATE) &1 MILNE JEAN E (LIFE ESTATE)1 MORROW MARILYN W (LIFE ESTATE)1 MULDOON EDWARD C (LIFE ESTATE &)1 MURPHY ELSA E (LIFE ESTATE)1 NUGENT DAVID & MARCIA LIFE ESTATE 1 O'BRIEN THOMAS F (LIFE ESTATE)1 O'DAY ROGER V & KATHLEEN P LIFE ESTATE 1 O'NEIL JOYCE O (LIFE ESTATE)1 ODELL JEFFRY H LIFE ESTATE 1 ORENDA WILDLIFE LAND TRUST INC 1 PANNI EDMUND E (LIFE ESTATE)1 PAYNE JOAN W LIFE ESTATE 1 PELLEGRI SANDRA J (LIFE ESTATE)1 PERREAULT PHYLLIS E LIFE ESTATE 1 PISATI BONNIE J LIFE ESTATE 1 PORTER DOROTHY C LIFE ESTATE 1 ROCHETTE STEPHEN P (LIFE ESTATE) &2 SAFNER ISADORA LIFE ESTATE 1 SAVAGE BARBARA J LIFE ESTATE 1 SCHAUB PAUL A (LIFE ESTATE)1 SCHEFFLER PAUL D & DIANE E LIFE ESTATE 1 SEGALL ORIN & NANCY (LIFE ESTATE)1 SIBLEY ELIZABETH L (LIFE ESTATE)1 SKIDMORE LEMUEL & SUSAN M (LIFE ESTATE)1 SLOAN DULCIE W LIFE ESTATE 1 STAUSS FRANK A & DIANE B (LIFE EST)1 SULLIVAN ALLAN F JR LIFE ESTAT 1 SULLIVAN MARGARET J LIFE ESTAT 1 SULSKY SARAH S LIFE ESTATE &1 SVEDEN NANCY F (LIFE ESTATE)1 TOOTELL KENNETH I JR (LIFE ESTATE)1 TRIPP JOANNE W (LIFE ESTATE)1 USHER DONALD J & ELAINE H LIFE ESTATE 1 USHER GLADYS B LIFE ESTATE 1 VILLANI RICHARD A (LIFE ESTATE)1 WALSH JOHN F & VIRGINIA G (LIFE ESTATE)1 WARD JOHN A & NIEM T (LIFE ESTATE)2 WEST MARILYN V (LIFE ESTATE)1 WHEELER MARY JANE (LIFE EST)1 WHITING ELIN E (LIFE ESTATE) &1 WILK DAVID M (LIFE ESTATE)1 WILSON GERRIE ANNA (LIFE ESTATE)1 YUDIN DIANE S LIFE ESTATE 1 Grand Total 103 MAILING INSTRUCTIONS FOR 2019: BEACH, SHELLFISH, BREWSTER RECYCLING CENTER RESIDENT, TAXPAYER PERMITS The Beach & Recycling Center Sales Permit Department, located in the Chamber of Commerce, Brewster Town Office Building, 2198 Main Street, Brewster, MA 02631 will open for the season on Monday June 3rd. Alternatively, we are giving residents, taxpayers the option of purchasing their permits through the mail or on-line. This mail-in option is available all year. We encourage residents to use the mail-in or on-line system for permits. Instructions for placement of permits are located on each individual permit. PERMITS FOR THE 2019 SEASON ARE NOT FOR SALE IN PERSON IN THE SELECT BOARDS’S OFFICE. Rates: A) Beach Resident Parking Permits B) Brewster Recycling Center Permits $25.00 each for 1st & 2nd vehicle $50.00 first permit $40.00 each additional vehicle $15.00 each additional permit C) Shellfish License $25.00 You must designate which permit(s) you want to put on which vehicle (by registration number) by filling out and sending in the form on the back of this document. 1. Beach parking permits will be required June 15 – September 1, 2019. Your current Brewster Recycling Center permit expires on June 30, 2019. 2. Please provide a self-addressed, stamped envelope. If a stamped envelope is not included with your payment, permits will be held at the permit sales office, in the Chamber of Commerce, for you to pick up. 3. A copy of a valid car registration must be provided for each vehicle. Please make sure the license plate number is legible on the registration. 4. If the address on your vehicle registration is not a Brewster address, you must provide a copy of your current Brewster real estate tax bill with an annual minimum amount of $450.00 to be eligible. 5. Dependent Children under age 19 (or up to age 24 with a college ID) who live with the listed property owner are eligible with valid registration and identification with the same year round address as the listed property owner (driver’s license, picture ID or student ID) 6. Renters and life-tenants must provide a copy of a current 12 month lease or 12 months of utility bills in their name, in addition to the copy of the current vehicle registration. 7. If the vehicle is leased, along with your registration, you must include a copy of the lease or a monthly bill that connects your name with the registered vehicle you are seeking to permit. 8. If your vehicle is registered to a business, you must include a business card with your name & the name of the business to which the vehicle is registered or a letter on company letterhead authorizing your personal use, connecting you to the business and the vehicle. 9. For properties held in trust or and LLC, you must provide a copy of the pages which show the property address and names of trustees or LLC members. Only named trustees and LLC members are eligible for resident beach parking or recycling center permits. (Excludes trustees of life-estates and “remainder” interests until owners of property are deceased). 10. Shellfish licenses may also be purchased by mail. Shellfish permits are valid from January 1 st through December 31st. If you are over 70, please visit the Council on Aging for your lifetime permit. Rules and Regulations for shellfish licenses can be obtained at our website: www.brewster-ma.gov ***** Should you choose to purchase your resident beach, recycling center or shellfish permit by mail, please include one check for beach, recycling center, shellfish permits payable to Town of Brewster, along with a stamped, self-addressed envelope and the form on the back of this document. The check for permits MUST be separate from real estate tax payments. Resident/Taxpayers have the option of purchasing beach, shellfish and recycling center permits on line via credit card payment. Please refer to the Town’s website, http://brewster- ma.gov/, for instructions and information on how to use the on-line system. Please note there is a convenience charge when using the on-line system. RESIDENT/TAX PAYER BREWSTER RECYCLING CENTER , BEACH & SHELLFISH To purchase Brewster Recycling Center, Beach or Shellfish Permits by mail, Please send copies of the following: 1- Automobile Registration(s) 2- Proof of Residence (Only if your vehicle is not registered in Brewster) 3- Self-addressed, stamped envelope 4- Check payable to " Town of Brewster" Mail to:Town of Brewster 2198 Main Street Brewster MA 02631 Attention: SELECT BOARD OFFICE If your car is not registered in Brewster, include a copy of current Brewster RE tax bill in the amount of $450 or more PLEASE NOTE:Renters need to provide current 12 month lease or 12 months worth of utility bills If your vehicle is registered to a business, please include a business card If your vehicle is leased, please include a copy of your lease or a monthly bill For properties held in trust or LLC, documents showing named trustees/members & address NAME:DAYTIME TELEPHONE: BREWSTER ADDRESS:MAILING ADDRESS: Email Address: VEHICLE INFORMATION TYPE OF PERMIT FOR EACH VEHICLE: 1st Recycling, Additonal Recyling, Beach, Shellfish LICENSE PLATE #STATE AMOUNT EXAMPLE: 1st Recycling & 1st Beach XXX 333 MA $75.00 1-1- 2-2- 3-3- 4-4- 5-5- PRICES: 1st Recycling $50.00 per vehicle TOTAL AMOUNT DUE:$_________________________ Additional Recyling $15.00 per vehicle 1st & 2nd Beach $25.00 each per vehicle Each Additional Beach $40.00 per vehicle Shellfish License $25.00 per household www.brewster-ma.gov MAILING INSTRUCTIONS FOR 2020: BEACH, SHELLFISH, BREWSTER RECYCLING CENTER RESIDENT, TAXPAYER PERMITS The Beach & Recycling Center Sales Permit Department, located in the Chamber of Commerce, Brewster Town Office Building, 2198 Main Street, Brewster, MA 02631 will open for the season on Monday June 1st. Alternatively, we are giving residents, taxpayers the option of purchasing their permits through the mail or on-line. We encourage residents to use the mail-in or on-line system for permits. Instructions for placement of permits are located on each individual permit. PERMITS FOR THE 2020 SEASON ARE NOT FOR SALE IN PERSON IN THE SELECT BOARDS’S OFFICE. Rates: A) Beach Resident Parking Permits B) Brewster Recycling Center Permits $25.00 each for 1st & 2nd vehicle $50.00 first permit $40.00 each additional vehicle $15.00 each additional permit C) Shellfish License $25.00 You must designate which permit(s) you want to put on which vehicle (by registration number) by filling out and sending in the form on the back of this document. 1. Beach parking permits will be required June 15 – September 6, 2020. Your current Brewster Recycling Center permit expires on June 30, 2020. 2. Please provide a self-addressed, stamped envelope. If a stamped envelope is not included with your payment, permits will be held at the permit sales office, in the Chamber of Commerce, for you to pick up. 3. A copy of a valid car registration must be provided for each vehicle. Please make sure the license plate number is legible on the registration. 4. If the address on your vehicle registration is not a Brewster address, you must provide a copy of your current Brewster real estate tax bill with an annual minimum amount of $450.00 to b e eligible. 5. Dependent Children under age 19 (or up to age 24 with a college ID) who live with the listed property owner are eligible with valid registration and identification with the same year round address as the listed property owner (driver’s license, picture ID or student ID). 6. Renters and life-tenants must provide a copy of a current 12 month lease or 12 months of utility bills in their name, in addition to the copy of the current vehicle registration. 7. If the vehicle is leased, along with you r registration, you must include a copy of the lease or a monthly bill that connects your name with the registered vehicle you are seeking to permit. 8. If your vehicle is registered to a business, you must include a business card with your name & the name of the business to which the vehicle is registered or a letter on company letterhead authorizing your personal use, connecting you to the business and the vehicle. 9. For properties held in trust and/or LLC, you must provide a copy of the pages which show the property address and names of trustees or LLC members. Only named trustees and LLC members are eligible for resident beach parking or recycling center permits. (Excludes trustees of life-estates and “remainder” interests until owners of property are deceased). 10. Shellfish licenses may also be purchased by mail. Shellfish permits are valid from January 1 st through December 31st. If you are over 70, please visit the Council on Aging for your lifetime permit. Rules and Regulations for shellfish licenses can be obtained at our website: www.brewster-ma.gov ***** Should you choose to purchase your resident beach, recycling center or shellfish permit by mail, please include one check for beach, recycling center, shellfish permits payable to Town of Brewster, along with a stamped, self-addressed envelope and the form on the back of this document. The check for permits MUST be separate from real estate tax payments. Resident/Taxpayers have the option of purchasing beach, shellfish and recycling center permits on line via credit card payment. Please refer to the Town’s website, http://brewster- ma.gov/, for instructions and information on how to use the on-line system. Please note there is a convenience charge when using the on-line system. MAILING INSTRUCTIONS FOR 2021: RESIDENT BEACH, SHELLFISH, BREWSTER RECYCLING CENTER PERMITS PERMITS FOR THE 2021 SEASON ARE NOT FOR SALE IN PERSON THIS YEAR. The Beach & Recycling Center Sales Permit Department, located in the Chamber of Commerce, Brewster Town Office Building, 2198 Main Street, Brewster, MA 02631 will be closed for the 2021 season. Alternatively, we are giving residents the option of purchasing their permits through the mail or online. Instructions for placement of permits are located on each individual permit. Rates: A) Beach Resident Parking Permits B) Brewster Recycling Center Permits $25.00 each for 1st & 2nd vehicle $50.00 first permit $40.00 each additional vehicle $15.00 each additional permit C) Shellfish License $25.00 You must designate which permit(s) you want to put on which vehicle (by registration number) by filling out and sending in the form on the back of this document. 1.Beach parking permits will be required June 15 – September 5, 2021. 2.Your current 2020-2021 Brewster Recycling Center permit expires on June 30, 2021. 3.Please provide a self-addressed, stamped envelope. If a stamped envelope is not included with your payment, permits cannot be mailed back to you. 4.A copy of a valid car registration must be provided for each vehicle. Please make sure the license plate number and expiration date is legible on the registration. 5.If the address on your vehicle registration is not a Brewster address, you must provide a copy of your current Brewster real estate tax bill with an annual minimum amount of $450.00 to be eligible. 6.Dependent Children under age 19 (or up to age 24 with a college ID) who live with the listed property owner are eligible with valid registration and identification with the same year round address as the listed property owner (driver’s license, picture ID or student ID). 7.Renters and life-tenants must provide a copy of a current 12 month lease or 12 months of utility bills in their name, in addition to the copy of the current vehicle registration. 8.If the vehicle is leased, along with your registration, you must include a copy of the lease or a monthly bill that connects your name with the registered vehicle you are seeking to permit. 9.If your vehicle is registered to a business, you must include a business card with your name & the name of the business to which the vehicle is registered or a letter on company letterhead authorizing your personal use, connecting you to the business and the vehicle. 10.For properties held in trust and/or LLC, you must provide a copy of the pages which show the property address and names of trustees or LLC members. Only named trustees and LLC members are eligible for resident beach parking or recycling center permits. (Excludes trustees of life-estates and “remainder” interests until owners of property are deceased.) 11.Shellfish licenses may also be purchased by mail. Shellfish permits are valid from January 1st through December 31st. If you are over 70, please contact the Council on Aging for your lifetime permit. Rules and Regulations for shellfish licenses can be obtained at our website: www.beachpermit.brewster-ma.gov ***** Should you choose to purchase your resident beach, recycling center or shellfish permit by mail, please include one check for beach, recycling center, and shellfish permits payable to Town of Brewster, along with a self-addressed, stamped envelope and the form on the back of this document. The check for permits MUST be separate from real estate tax payments. Beginning April 12, 2021 Resident/Taxpayers have the option of purchasing 2021 beach, shellfish and recycling center permits on line via credit card payment. Please refer to the Town’s website,www.beachpermit.brewster-ma.gov for instructions and information on how to use the on-line system. Please note there is a convenience charge when using the on-line system. RESIDENT/TAX PAYER BREWSTER RECYCLING CENTER, BEACH & SHELLFISH To purchase Brewster Recycling Center, Beach or Shellfish Permits by mail, please send copies of the following: 1-Automobile Registration(s) 2-Proof of Residence (Only if your vehicle is not registered in Brewster) 3-Self-addressed, stamped envelope 4-Check payable to " Town of Brewster" Mail to: Town of Brewster, 2198 Main Street, Brewster MA 02631 Attention: SELECT BOARD OFFICE If your car is not registered in Brewster, include a copy of current Brewster RE tax bill in the amount of $450 or more PLEASE NOTE: Renters need to provide current 12 month lease or 12 months’ worth of utility bills If your vehicle is registered to a business, please include a business card If your vehicle is leased, please include a copy of your lease or a monthly bill For properties held in trust or LLC, documents showing named trustees/members & address VEHICLE INFORMATION TYPE OF PERMIT FOR EACH VEHICLE: 1st Recycling, Additional Recycling, Beach, Shellfish LICENSE PLATE #STATE AMOUNT EXAMPLE: 1st Recycling & 1st Beach XXX 333 MA $75.00 1-1- 2-2- 3-3- 4-4- 5-5- PRICES: TOTAL AMOUNT DUE:$1st Recycling $50.00 per vehicle Additional Recycling $15.00 per vehicle 1st & 2nd Beach $25.00 each per vehicle Each Additional Beach $40.00 per vehicle Shellfish License $25.00 per household www.brewster-ma.gov ( NAME: BREWSTER ADDRESS: Email Address: DAYTIME TELEPHONE: MAILING ADDRESS: www.brewster-ma.gov MAILING INSTRUCTIONS FOR 2022: BREWSTER RESIDENT BEACH, SHELLFISH, & RECYCLING CENTER PERMITS PERMITS FOR THE 2022 SEASON ARE AVAILABLE THROUGH THE MAIL-IN PROGRAM OR ONLINE. Please note that starting this year, all Recycling Center permits will be electronic in place of physical Recycling Center permits. We have transitioned to plate reader technology at the Recycling Center; once your order is processed, your license plate will be entered into the database and is valid for use from July 1, 2022, to June 30, 2023. A confirmation email will be sent to confirm your order has been processed. All permits will be issued via the mail in program or online sales, there will not be in-person sales of permits at Town Hall. Please contact us at beachpermit@brewster-ma.gov with any questions. 2022 Brewster Permit Rates: Resident Beach Parking Permits Brewster Recycling Center Permits Shellfish License $25.00 for 1st vehicle $50.00 first permit $25.00 per household $25.00 for 2nd vehicle $15.00 each additional permit *Only one permit per household allowed* $40.00 each additional vehicle $5.00 age 70+ at Council on Aging Permit Rules & Regulations: Beach Permits are required from June 15- September 4, 2022 Current Recycling Center Permits expire on June 30, 2022 Shellfish Licenses are valid from January 1st through December 31, 2022. If you are over the age of 70, please visit the Council on Aging for your $5.00 lifetime permit. All Rules and Regulations for shellfish licenses can be obtained on our website: www.brewster-ma.gov Copy of a valid car registration is required for each vehicle, with the license plate number clearly legible. If the address on the registration is not a Brewster address, a copy of your current Brewster Real Estate tax bill with an annual minimum amount of $450.00 to be eligible must be provided. Dependent Children under the age of 19 (or up to age 24 with a college ID) who live with the listed property owner are eligible for permits with a valid registration and identification (driver’s license, picture ID or student ID) with the same year-round address as the listed property owner. Renters and life-tenants must provide a copy of a current 12-month lease or 12 months of utility bills in their name, in addition to a copy of a valid vehicle registration. For properties held in a Trust and/or LLC, a copy of the pages which show the property address and names of Trustees and/or LLC members must be provided. *Only named Trustees/LLC member are eligible for permits. Excludes Trustees of life-estates and “remainder” interests until property owners are deceased. If the vehicle is leased, along with the valid registration, a copy of the lease or monthly bill that connects your name with the registered vehicle you are seeking permit for must be submitted. For vehicles registered to a business, a business card with your name and the name of the business to which the vehicle is registered to or a letter on company letterhead authorizing your personal use that connects you to the business and the vehicle must be submitted. If purchasing your permits via mail, please include one check for all permits made payable to the Town of Brewster, along with a stamped, self-addressed envelope and the completed form on the back of this page. The checks for permits MUST be separate from Real Estate Tax payments. Beginning April 11, 2022 Resident/Taxpayers will have the option to purchase 2022 Beach, Shellfish and Recycling Center Permits online via credit card payments. Please refer to the Town’s website, www.brewster-ma.gov, for instructions and information on how to use the online system. Please note there is a convenience charge when using the online system. www.brewster-ma.gov RESIDENT/TAXPAYER BREWSTER RECYCLING CENTER, BEACH & SHELLFISH PERMIT ORDER FORM To purchase permits by mail, please send copies of the following: Automobile registration (s) Proof of Residence (only if your vehicle is not registered in Brewster) o If your vehicle is not registered in Brewster, include a copy of your current Brewster Real Estate tax bill in the amount of $450 or more. Self-addressed, stamped envelope (failure to provide will delay processing) o Not needed if ordering Recycling Center Permits ONLY Check payable to “Town of Brewster” PLEASE NOTE: Renters need to provide current 12-month lease or 12 months’ worth of utility bills If your vehicle is registered to a business, please include a business card If your vehicle is leased, please include a copy of your lease or a monthly bill For properties held in a Trust/LLC, documents showing named trustees/members & address NAME: TELEPHONE #: BREWSTER ADDRESS: MAILING ADDRESS (if different): EMAIL ADDRESS: VEHICLE INFORMATION: You must designate which permit(s) are to be placed on which vehicle (by registration) by completing the form below. TYPE OF PERMIT FOR EACH VEHICLE: 1st Recycling, Additional Recycling, Beach, Shellfish, etc. LICENSE PLATE # STATE AMOUNT DUE: EXAMPLE: 1st Recycling & 1st Beach 123ABC MA $75.00 PRICES: 1st Recycling $50.00 per vehicle Additional Recycling $15.00 per vehicle 1st Beach Permit $25.00 per vehicle 2nd Beach Permit $25.00 per vehicle Each Additional Beach $40.00 per vehicle Shellfish License $25.00 per household TOTAL AMOUNT DUE: $______________ *Instructions for placement of beach permits are located on the back of the permit. Mail to: Town of Brewster, Attention: Permit Office, 2198 Main Street, Brewster, MA 02631 TOWN OF BREWSTER DEPARTMENT OF NATURAL RESOURCES 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 SHELLFISH@BREWSTER-MA.GOV Memo: To: Peter Lombardi From: Department of Natural Resources Date: 12/15/22 Re: Recommendations for recreational shellfish, mooring and boat storage fees There has been a significant increase in the demand for recreational shellfishing, moorings and boat storage over the last few years. The Department of Natural Resources has utilized grants, gift accounts, built more storage facilities and expanded mooring areas while at the same time maintaining the same fees for the last several years. Resources, like shellfish, mooring software, mooring stickers, lumber and other related expenses have all increased in cost in the last few years. To meet these increased demands, the Natural Resource Department recommends the following fee structure adjustments. Recreational shellfish fees Increase the resident annual shellfish fee from $25.00 to $40.00  Fee structure consistent with other towns  712 recreational permits sold in 2022 – potential revenue increase will help justify a request to increase the propagation budget for the summer quahog program  Shellfish fees have not changed in the past ten years  Prices for shellfish stock has increased and have become difficult to buy Increase the non-resident annual shellfish fee from $125.00 to $140.00  Same fee increase as recommended for Resident permits Change Senior permits to be renewed annually with proof of taxpayer/resident status. Increase Senior shellfish permit fee from $5.00 to $15.00 annually (same fee increase as Resident permit) with discussion on how to manage the status of existing lifetime permits. Either: 1. Grandfather existing lifetime senior permit holders (but require them to get a new permit for free annually), or 2. Eliminate lifetime permit status but keep reduced fee ($15) for Senior permits 2  Senior permits would be sold through the Town’s sticker tracker system. Annual renewal allows better record keeping for active permits  Allows wardens to mark the permit for limits harvested each week  Reduces multiple permits being sold to the same household (per regulations)  Senior permits have become a larger part of the weekly harvest, with our wardens estimating over 25% of the weekly limits this fall being to a senior permit holder. We would modify the recreational shellfish regulations to reflect these changes. Mooring fees Increase annual mooring fee from $25.00 to $30.00  Sticker prices have increased  Annual mooring software fees have increased  Number of moorings has increased, with increasing workload for staff Kayak/Canoe/SUP storage fees Increase annual storage fee from $25.00 to $30.00  In 2022 we increased storage space by 40 spots  Sticker prices have increased  Wait lists at all areas  Fees lowest compared to other Cape towns We would modify the mooring and kayak rack regulations to reflect these changes. Recreational shellfish fee Structure in neighboring towns Increase recreational shellfish permit from $25 to $40. Annual renewal of senior shellfish permits Increase senior shellfish permit from $5 lifetime to $15 per year consistent with fee increase to recreational permits o Discussion for Select Board regarding senior shellfish permits Do you grandfather in all senior permits purchased before December 31, 2022 as free life time and require any new senior permit holders to pay a $15 annual fee? Do you have all (new and existing) senior permit holders pay a $15 annual fee? Town Resident Resident (senior) Non-Res Annual Out of State Non-Res Weekly Replacement Fee BARNSTABLE $40.00 Annual 65+ $30.00 Annual $140 Annual N/A Non-Res Seasonal $70.00 BREWSTER $25.00 Annual 70+ $5 *Only LIFE TIME $125.00 Annual N/A $20.00 (pre COVID)Annual DENNIS $20.00 Annual $3.00 Annual $65.00 Annual N/A N/A EASTHAM $21.50 Annual 65+ $11.50 Annual $73.15 Annual $73.15 N/A ORLEANS $21.50 Annual 65+ $11.50 Annual $73.15 Annual $73.15 N/A WELLFLEET $60 Annual $40 Seasonal 6-1 thru 9-30 65+ $20 Annual $210.00 Annual Seasonal 6-1 thru 9-1 $85.00 $20.00 YARMOUTH $30 Annual 75+ $15 Annual $80.00 Annual N/A N/A BOURNE $35.00 Annual 65+ $10.00 Annual $175.00 Annual N/A N/A CHATHAM $35.00 Annual 70+ $15.00 Annual $100.00 Annual N/A N/A Option 1 $25 to $40 Annual 70+ -$15.00 Annual $125.00 Annual N/A N/A FY shellfish permit sales Town Propagation budget /other funding Propagation related expenses FY 2021 FY 2021 FY 2021 Permit Type # sold price revenue Resident 550 $25 $13,750 Senior ? $5 ? Non-res 4 $125 $500.00 Total $14,250 FY 2022 FY 2022 FY 2022 FY 2023 FY 2023 FY 2023 Shellfish cages 1000.00 Upweller 500.00 Boat fuel/maintenance $1,500.00 Total $3,000.00 Quahogs $12,000.00 Oysters $3,064.00 Other fundings sources County $5,888.93 Gift fund $1608.75 COVID grant $2,250.00 Total $24,811.68 Permit Type # sold price revenue Resident 682 $25 $17,050 Senior 100 $5 $500.00 Non-res 1 $125 $125.00 Total $17,675 Shellfish cages 1000.00 Upweller 500.00 Boat fuel/maintenance $1,500.00 Total $3,000.00 Quahogs $12,000.00 Oysters $5,564.00 Other funding sources County $5,333.00 Gift fund $1557.00 COVID grant $7,450.00 Total $31,904.00 Permit Type # sold price revenue Resident 712 $25 $17,800 Senior 134 $5 $670.00 Non-res 21 $125 $2,625 Total $21,095 Shellfish cages $1,000.00 Upweller $500.00 Boat fuel/maintenance $1,500.00 Total $3,000.00 Quahogs $12,000.00 Oysters $5,564.00 Other funding sources County $5333.00 Gift fund $1,280.00 COVID grant $0 Total $24,177.00 Shellfish harvest data at Ellis, Saints & Mants Ellis Landing littlenecks Saints Landing quahogs Mants Landing oysters Year Species # of people # of full limits # of partial limits 2020 *Open fall only littlenecks 212 80 17 2021 littlenecks 280 52 44 2022 *Open Spring *Open 1 day in fall littlenecks 233 85 39 Year Species # of people # of full limits # of partial limits 2020 Quahogs 1,206 627 46 2021 Quahogs 1,156 440 70 2022 Quahogs 1,466 413 165 Year Species # of people # of full limits # of partial limits Total # of oysters 2020 Oysters 1,118 952 0 47,600 2021 Oysters 1,758 1,402 0 70,100 2022 Oysters 1,563 (1 more day) 1,295 0 64,750 2021 seed bid 2022 seed bid Prices by category Bid Price Units Quahog seed, R1.5 (2-3mm)$12.60 Per 1000 *Quahog seed, R3 (4-5mm)$18.35 Per 1000 *Oyster seed, R8 (12mm)$48.00 Per 1000 Oyster seed, R2 (3-4mm)$13.40 Per 1000 Oyster remote set $16.80 Per bag 2023 seed bid Prices by category Bid Price Units Quahog seed, R1.5 (2-3mm)$14.20 Per 1000 *Quahog seed, R3 (4-5mm)$20.19 Per 1000 *Oyster seed, R8 (12mm)$60.00 Per 1000 Oyster seed, R2 (3-4mm)$14.74 Per 1000 Oyster remote set N/A Per 1000 *Seed expenses have significantly increased over last three years Prices by category Bid Price Units Quahog seed, R1.5 (2-3mm)$12.00 Per 1000 *Quahog seed, R3 (4-5mm)N/A Per 1000 *Oyster seed, R8 (12mm)$38.20 Per 1000 Oyster seed, R2 (3-4mm)$12.75 Per 1000 Oyster remote set $16.00 Per bag Archive d: Thursday, December 15, 2022 8:51:37 AM From: Donna Kalinick Se nt: Mon, 12 Dec 2022 19:15:55 +0000Authentication To: Erika Mawn Subje ct: FW: Natural Resources Advisory Commission Se ns itivity: Normal From: Pe ter Lombardi <plombardi@brewster-ma.gov> Sent: Saturday, De ce mbe r 10, 2022 4:21 PM To: Donna Kalinick <dkal i ni ck@brewster-ma.gov> Subject: FW: Natural Re sources Advi sory Commissi on Se n t fro m my Ve ri zo n, Sa ms un g Ga l a xy s ma rtp ho ne -------- Origi nal me ssage -------- From: KC Pearson <ki mbe rley.crocker.pearson@gmail.com> Date : 12/9/22 10:44 AM (GMT-05:00) To: Pete r Lombardi <pl ombardi @brewster-ma.gov>, Mary Chaffee <mchaffe e @bre wste r-ma.gov> Cc: Chris Mi l l e r <cmiller@brewster-ma.gov> Subje ct: Natural Resource s Advisory Commission Good Morning: At our m eeting on Thursday, December 8, the Brews ter Natural Res ources Advisory Commission deliberated on the Departm ent of Natural Res ources proposed updates to the structure of Brewster's Kayak Rac k/Mooring/Shellfish Fees and the Lifetime Senior License. The Com mis s ion voted unanim ously to support updating the fees to better reflec t the c os ts of thes e programs and resources. Thank you Kim Pears on Chair, NRAC Archive d: Thursday, December 15, 2022 8:51:47 AM From: Donna Kalinick Se nt: Mon, 12 Dec 2022 19:15:42 +0000Authentication To: Erika Mawn Subje ct: FW: NRAC review re: Kayak rack, mooring, and recreational shellfishing fees Se ns itivity: Normal From: Pe ter Lombardi <plombardi@brewster-ma.gov> Sent: Saturday, De ce mbe r 10, 2022 4:21 PM To: Donna Kalinick <dkal i ni ck@brewster-ma.gov> Subject: FW: NRAC re view re: Kayak rack, mooring, and recre ati onal she l l fishing fe e s Se n t fro m my Ve ri zo n, Sa ms un g Ga l a xy s ma rtp ho ne -------- Origi nal me ssage -------- From: Chris Mi l l e r <cmiller@brewster-ma.gov> Date : 12/9/22 10:46 AM (GMT-05:00) To: Pete r Lombardi <pl ombardi @brewster-ma.gov>, kimberl e y.crocker.pe arson@gmail.com Cc: Ryan Burch <rburch@brewster-ma.gov> Subje ct: NRAC revi e w re: Kayak rack, mooring, and re creational shellfi shi ng fees Hi Kim, I will se e if Pete r wants me to be at the select board hearing on Monday. He has aske d us to provi de fi nancial info from the past thre e ye ars to support this re que st. My take aways from l ast night’s di scussion and vote : NRAC discussed e xpanded demand for kayak racks and moori ng, l i mi tations on space at l andings, and last year’s ex pansion at She e p Pond/Fi she rmans Landi ng and First Li ght Beach. They support raising associate d fees to $30/year. NRAC discussed our recreati onal shellfishing programs (l i ttl e ne cks off El l i s, summer quahog stocki ng at Saints, fal l oyster program at Mants). We discussed how the town had eliminated we e kly non resident permi ts, yet demand and parti ci pati on has risen in the peri od begi nni ng with COV ID. Suppl y for quahogs has changed; increased pri ci ng and l i mi ted availabi l i ty. Oyste r program supplemental fundi ng through COVID re l i e f and a state grant has e nde d, and DNR has used several thousand from the i r gift account to supplement buyi ng both seed oyste rs and quahogs for stocki ng. That is not a sustainabl e model, and will lead to less weeks of stocking and less oyste r harvest Sundays. DNR discussed di ffi cul ty wi th past senior lifeti me licenses. Thi s ye ar the y sol d 134 permi ts to date (one time fee of $5), l ast ye ar 100, and about a thousand over the last decade. Senior permi ts do not al l ow the she l l fish wardens to keep accurate catch records. Se ni or pe rmits re move reve nue as the y no longe r purchase annual licenses. Our warde n re ports up to 1/3 of oyster Sunday harvests are through Senior lif e time pe rmits. NRAC recommends eliminating the lifetime permit but making it an annual permit at a reduced cost. DNR discussed regul ati ons requi ring no more than one permi t/catch pe r house hol d, and that the current permitting method for se ni or pe rmits does not include a che ck for ongoi ng resident/tax paye r status, nor whethe r that house hol d al ready has a permit. NRAC voted to support raising the fees for re creational harve st annual permits, and eliminating senior lifetime pe rmits. They we re also supporti ve of a separate oyste r l i cense fee, but understand that there are l ogisti cal aspects to license sales that may also take precedent. Chri s TOWN OF BREWSTER 2022 Non-Commercial Shellfish Rules and Regulations 1. No person shall take from the flats or waters of the Town of Brewster sea clams, soft shell clams, mussels, quahogs, razor clams, oysters, scallops, sea worms or eels without first obtaining from the Board of Selectmen a permit or license to do so. 2. Persons entitled to a resident permit (one per family) shall be a real estate taxpayer and/or legally domiciled person of the Town of Brewster and shall include the immediate members of their family only. (Immediate in this content means a family member living with and/or supported by the taxpayer on a year-round basis.) Permits are not transferable and are subject to revocation by the Board of Selectmen if misused. 3. The Board of Selectmen shall from time to time appoint Shellfish Constable(s) and assistants who shall be empowered to enforce these regulations and all applicable sections of Chapters 130 and 21 of the Massachusetts General Laws and 322 CMR of the Massachusetts Division of Marine Fisheries pertaining to shellfish in the Town of Brewster. Shellfish Constable(s) and assistants may from time to time close certain areas or otherwise temporarily modify catch limits as appropriate to protect health or shellfish stocks. 4. All persons taking, carrying away and/or having in their possession shellfish of any kind, in a container, in a boat, or on their person, shall exhibit their permit to take shellfish and allow inspection of all harvested shellfish when requested by a Shellfish Constable or Assistant, a Brewster Natural Resources Officer, or any appointed law enforcement official. 5. Fees for 2022 permits shall be as follows: Resident over 70 years of age (Lifetime License) $5.00 Brave Act Veteran over 70 years of age (Lifetime License) $5.00 Resident Annual Shellfish Permit $25.00 Brave Act Veteran Annual Shellfish Permit $25.00 Non-resident Annual Shellfish Permit $125.00 6. Resident over 70 years of age (Lifetime Licenses) may be purchased at the Brewster Council on Aging from 8:30-4:00 M-F (1673 Main Street) 7. Shellfish licenses can be purchased online at Town of Brewster Online Transactions (townhall247.com) year-round. Shellfish licesnses can be purchased at the Town Hall from September 15th-April 1st. During permit season (April 1st – September 15th) licenses can be purchased through the mail-in program or online. 8. Permits shall be worn in carrying case in a visible location on his/her person while engaged in shellfishing at all times. 9. The maximum amount of shellfish (in any combination) taken in one week shall not exceed 10 quarts. This 10 quart weekly limit does not include sea clams or scallops. Sea clams: 1/2 bushel per week including shells or 11/2 quarts of shucked meats. Sea clams must be 5 inches or more in length. Soft -shell Clams (steamers): 5 quarts per week. Season is open October 1 to May 1. Mussels : 5 quarts per week. Mussels must be a minimum 2" long. Quahogs: 10 quarts per week, including shells. Quahogs must be 1" in thickness. Razor Clams: 10 quarts per week. Oysters: 5 quarts per week. Season runs October 1 to March 3. Oysters mus t be 3 inches or more in length. Scallops : 1 bushel per week during season (October 1 to March 3). All scallops must have a well -defined, raised growth ring or they will be deemed to be seed Scallops and must be returned to the water. Sea worms: 3 dozen per day. Sand Eels: 3 dozen per day. American Eels : 3 dozen per day; 4 trap limit. A week is classified as a seven-day period from sunrise on Sunday through sunset on Saturday. 9. All shellfish shall immediately be culled when harvested and all seed shellfish immediately returned to that area where harvested. 10. All holes dug in the process of digging shellfish and/or worms shall be filled in to ground level, as they constitute a hazard to other shellfishermen and walkers. 11. The taking of shellfish from the water and flats within the Town of Brewster by implements other than those known as long rake, scratcher, tong, quahog rake, clam rake or clam hoe, is PROHIBITED. Shovels, pitchforks, garden rakes, garden shovels, plunger, etc., are not allowed. 12. Specified areas that are closed to the taking of shellfish shall be posted in the Town Hall and the Police Station. 13. During the months of July and August, the taking of shellfish will be allowed only on Sunday and Thursday. 14. From June 1 through September 30, all beaches east of a point 100 yards to the west of Ellis landing to the Town line (Namskaket Creek) will be closed to the taking of shellfish (Ellis Landing, Bonnie Doone Road, Anson Way, Linnell Landing, Crosby Landing and Namskaket Creek). The taking of shellfish from the rockpiles (seedbeds) directly off of Ellis Landing and Ocean Edge is prohibited throughout the year. 15. During the months of July and August, all shellfish harvested in the Saints Landing stocked area must be landed and checked out by the Shellfish Constable(s) or Assistants at Saints Landing. Appropriate social distancing and/or face covering requirements must be adhered to by all shellfishermen. 16. The immediate areas of Paine's Creek, Quivett Creek, Namskaket Creek are closed to the taking of shellfish due to contamination. BY ORDER OF THE BOARD OF HEALTH AND THE COMMONWEALTH OF MASSACHUSETTS, UNTIL FURTHER NOTICE. 17. No person shall dig take or carry away any shellfish or shells between sunset and sunrise by any method whatsoever from any water, flat or creek in the Town of Brewster. 18. No starfish, conches, or periwinkles shall be returned to the waters but shall be placed on shore above the high water mark. 19. No shellfishing will be allowed when the air temperature is 30°F or -1°C or below. 20. Digging in grass areas, including grass roots, is prohibited. 21. Violations of the aforementioned regulations are subject to written citation, court appearance and fine. The Board of Selectmen reserves the right to suspend the permit of any person violating the Town regulations on shellfishing for a period of 30 days. Whoever violates any rules or regulations made under the authority of Chapters 130 and 21 of the Massachusetts General Laws and/or 322 CMR of the Massachusetts Division of Marine Fisheries, unless otherwise provided, shall be punished by a fine of not less than $15.00 but not more than $1,000.00. Revised 3/28/2022 Per MGL Ch 130 Section 52, the term "Selectmen" still applies, and therefore overrides the locally adopted term "Select Board" Limit on Shellfish and Other Species Regulated by Shellfish Permit Species Quantity Harvest Size Season Soft shell clam 5 quarts per week Minimum of 2 inches length. October 1 to May 1, inclusive. Quahog 10 quarts per week including shells Minimum of 1 inch in thickness. Open Mussel 10 quarts per week including shells. Minimum of 2 inches length. Open Sea clam 1/2 bushel per week in shell, or 1 1/2 quarts per week of shucked meats. Minimum of 5 inches in length. Open Oyster 5 quarts per week. Minimum of 3 inches in length. October 1 to March 1 inclusive. Razor clam 10 quarts per week. No minimum size. Open Scallop 1 bushel per week including shells. Must have a raised, well defined annual growth ring. October 1 to March 1 inclusive. Sea worm 3 dozen per day No minimum size. Open Sand eel 3 dozen per day No minimum size. Open American eel 3 dozen per day Taking of elvers juvenile eels) is prohibited. Limit of four traps for adult eel harvesting. Open Ellis Landing Rock Beds Open for Littlenecks in Fall and Sprin Open for Oysters in Fall Only TOWN OF BREWSTER RECREATIONAL SHELLFISH BEDS NOT TO BE USED FOR NAVIGATION S Namskaket A)SED Mile DOGS ARE NOT PERMITTED ON THE BEACH Bestate.rtnorn tow fides East Area if ClOsedito Shellfishing June 1st Septir3Oth Saint's Landing Stocked with Quahogs June, July, and August Map created on .7„by 6, 2007 by owtso, COO (onunn„,,,bn s v.ntv. pointrItnelt a cfr,,,orl of earn stab* CAtefly Plirtirtfrhe47. mot; The trtformalkw (*Plod on IttoSstilloPs 6101 Ototiont0 OnoPOses °NY It a njleOleonate'in,,e0et boundary definition, legutatitry ttnetbeetitton w parcel ten* 0 tArt s Steamers 0 Same( Quahog Stocking s Landog - 'hinter Steamers & SJirsher Quahogs 0 Pool of Rooks Sea 03%1", m Otd Breakwaters Pact et Laid en Sterws0,„..Rst Area Quahols Breakwater Beach - Ste 0 e S.:„3 , (El POO Of R01/5 0„.3 ,S Reach -steamers 0 C I : e t t u r P i l e s - s t e m atudysts shook) not subettute kit *dual Oti-ste survey or supetwie Ottid teseaton fo lYearg Area - hogs 0 0 West Area Sea 949 Landing Beam LAttenecks & Chenystones Gam Rock - Quahogs Unneti Lawful Steamers '2-34 Landing Beau, Yeamers 27 December 2022 SHELLFISH PERMITS I want to share one senior’s perspective on the Select Board’s decisions taken at the meeting of 19 December 2022. On the 21st I was among the volunteers helping remove oysters from the flats for the winter when Ryan gave me a heads-up about an impending fee increase. As a holder of a Life Time Shellfish Permit I had a moment to think I would be unaffected until he indicated that “grandfathering” had been an option presented to the board, but rejected. As someone who has volunteered with Brewster FLATS for the better part of 10 years I was a bit dismayed. Not an enormous time commitment, but enough so that I received an appreciated “shout out” in a recent Town Report. Words matter. Words like community, trust, hope, respect…..life time. So I went online to look at what had transpired at the Select Board Meeting. I learned something about the Number of Life Time Permits that had been issued in the last 2 years, and that Natural Resources was very interested (understandably) in learning more about the data regarding usage of senior permits (the back of my permit is completely blank and has room for entering such data.) I also learned that only one Board member even raised a question about ending Life Time permits, and that question was about “legal ramifications”. In my mind there are other questions. They involve the respect for an agreement (one reaches the age, pays the fee and receives the permit). I suspect we all agree on what Life Time means, or should I say, meant. Civic life matters, trust matters, words matter. The fabric of our society is frayed and the avoidable rescission of Life Time permits is pulling unnecessarily at one more small strand of that fabric. Last summer I admired the Select Board’s clear and considered presentation relative to the Sea Camp’s properties as it was ushered through Town Meeting and it is my sincere hope that on this much smaller matter the Board members will reconsider their vote, allow the Natural Resources Department to find another way to collect their needed data and honor the Board’s commitment to Life Time permits for those who already possess them by choosing the “grandfathering” option. Respectfully, Bob Rice 73 Eagle Point Cartway Permit #709 issued April 12th 2019 – 3 days after my 70th birthday Archive d: Tuesday, January 3, 2023 9:09:06 AM From: Peter Lombardi Se nt: Fri, 30 Dec 2022 19:00:37 +0000Authentication To: Donna Kalinick; Conor Kenny; Erika Mawn Subje ct: FW: Fees for Shell Fishing Se ns itivity: Normal Attachme nts : Proposed DNR Fee Packet.pdf; FYI – the onl y one I have re ce i ved so far. Pete r Lombardi Town Administrator Town of Brewster 508-896-3701 x. 1128 Beginning March 21, Brewster Town Offices will be open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov. From: Pe ter Lombardi Se nt: Fri day, De ce mbe r 30, 2022 8:59 AM To: borab2@aol .com Subje ct: RE: Fees for She l l Fi shi ng Good morni ng Ri chard, Thank you for shari ng your perspective. The Sele ct Board did not take this de ci si on lightly. Pl e ase see attached the supporting materi als that were provided to the m in he l pi ng to i nform thei r vote. Pete r Pete r Lombardi Town Administrator Town of Brewster 508-896-3701 x. 1128 Beginning March 21, Brewster Town Offices will be open to the public Monday through Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov. From: borab2@aol.com <borab2@aol .com> Se nt: Fri day, De ce mbe r 30, 2022 7:14 AM To: Pete r Lombardi <pl ombardi @brewster-ma.gov>; Ne d Chatelai n <nchate l ain@brewster-ma.gov>; Mary Chaffee <mchaf fee@brewster-ma.gov>; Kari Hoffmann <khoffmann@brewster-ma.gov> Subje ct: Fees for She l l Fi shi ng Shame shame shame for changing the cost for the Seni or Permit. You should have at the very least grandfathered in all existing Senior permits. By now requiring Seniors to have to renew their permit every year you have just added untold dollars to the cost administering the program. Not a smart decision. Best regards Richard Banks Tow n of Brew ster, Mas s ac hus etts .View this email in your brow s er Recent Updates from the Town of Brewster Website Excerpts: 2023 Shellfish Permit Information Annual 2023 shellfish permits will be available for purchase starting January 17, 2023. Shellfish permits will be available online at https ://brewsterstickers.townhall247.c om year-round, and in-person at the Selec t Board Office in the off-season. During perm it season (April 1s t-September 15th) all permits c an only be purchased through the m ail- in program or online. For questions about perm its, please call the Select Board Offic e at 508-896-3701 X1100. 2023 Pe rmit Fe e s: Resident Annual Perm it: $40 Non-Resident Annual Permit: $140 MA Veteran Annual Perm it: $40 70+ Resident Annual Permit: $15* 70+ MA Veteran Annual Permit: $15* *The Town of Brewster runs a very popular and robust stocking and shellfish program . Due to greater dem and and c os ts , s hellfish permit fees were increased for the 2023 season. In addition, res idents and MA veterans aged 70 years and above will now be Archive d: Tuesday, January 3, 2023 9:09:48 AM From: Kathy Lambert Se nt: Fri, 30 Dec 2022 21:01:26 +0000Authentication To: Erika Mawn Subje ct: Fwd: Posts from Town of Brewster, Massachusetts for 12/30/2022 Se ns itivity: Normal For the packet Sent from my iPad Begin forwarded message: From: Nicholas Tortorello <ntnicola6@gmail.com> Date : December 30, 2022 at 3:26:08 PM EST To: Kathy Lambert <klambert@brewster-ma.gov> Subje ct: Re : Pos ts from Town of Bre ws te r, M as s achus e tts for 12/30/2022 \u-257 ? cancelling the already issued lifetime permits to the elderly??I will be 75 soon...had a permit for years now...as an old person and Vet I take that as an insult and a slap in the face of the Elders of Brewster...shame on you that came up with this... Nick Tortorello. On Fri, Dec 30, 2022 at 2:02 AM Town of Brewster <brewster@brewster-ma.gov> wrote: required to purc has e an annual permit. These new annual permits will assis t in trac king the number of tim es a perm it has been used in a given season and in covering the operating expenses of our s hellfish program . They can be purchased at the Council on Aging or online, year-round. Previous ly issued Lifetime Senior Shellfish Perm its will no longer be valid. Pleas e rem ember that only one permit per household can be issued. Please click here to read our 2023 non-c ommercial shellfish regulations. For ques tions about the Town of Brews ter shellfis h program, please call the Natural Res ources Department at 508-896-4546. Read on » Copyright © 2022 Town of Brewster, Al l rights reserved. You are receiving this communication because y ou signed up to receive Tow n of Brew ster new s. Our m ailing addr e s s is : Tow n of Brew ster 2198 Main St Brew ster, Ma 02631 Add us to your address book Want to change how y ou receive these emails ? You can update y our pref erences or unsubscribe f rom this list Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov To: Brewster Select Board From: Erika Mawn, Executive Assistant to the Town Administrator Date: January 3, 2023 RE: 2023 Shellfish Permit Changes On Tuesday, January 3, 2023 Mr. David Valle of 24 Bullrake Lane shared his feelings with the recent Select Board decision to revoke lifetime shellfish permits for those 70 years and older. Mr. Valle doesn’t feel that this will make much of a difference regarding funds, he understands that the Town has to do what is cost effective, but this should not have been terminated. He also inquired if Town Counsel was contacted to review if this is a breach of contract of a protected class. Mr. Valle believes that current lifetime licenses should be grandfathered in and the Town should honor lifetime permits. Office of: Select Board Town Administrator Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Website Announcement: January 9, 2023 ____________________________ Town Charter Approved by State & Now in Effect On January 5, 2023, Massachusetts lawmakers approved the Town of Brewster’s Home Rule Petition to establish a Town Charter. Brewster voters approved the Charter, as developed by the Charter Committee and recommended by the Select Board, at the May 2021 Town Meeting. Our inaugural Town Charter, which specifies how the Town operates, is now in effect. Brewster’s Town Charter:  Retains open Town Meeting and Select Board form of government.  Defines powers of Chief Administrative Officer and changes title to Town Manager.  Defines powers of elected and appointed boards.  Creates a single governing document for the form, structure, and organization of the Town.  Resolves ambiguities and conflicts between and among Town bylaws and/or state laws.  Memorializes current Brewster practices and applicable best practices in local governance.  Sets clear lines of authority and responsibilities. Click here to view the approved Town Charter. Office of: Select Board Town Administrator Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Wing Island Forum DATE: January 6, 2023 Following the Board’s initial discussion about the Wing Island forum at your December 19, 2022 meeting, I wanted to follow up with a little more detail. We propose hosting this forum at Town Hall in Rooms A & B on Thursday January 26 at 6PM. Residents will be offered the option to attend and participation remotely by Zoom as well. The session will begin with a presentation by the Select Board and Town staff that will include updated information for residents to consider, including a carrying capacity analysis and cost estimates, and options for future access to the island. The presentation will also introduce elements to consider in bringing a conservation restriction of the island to Town Meeting, including development of a baseline ecological assessment and management plan. Residents will be given the opportunity to make comments and ask questions following the presentation. We expect the forum will last approximately 2 hours, ending at 8PM. Residents will also be able to submit written comments to the Town following the forum, as they did in August. The Select Board can then use that collective feedback to inform their decision making regarding the form of the warrant article that will be brought to Town Meeting voters in May. Draft articles need to be included in the warrant by mid-February, leaving another month or so to work through the details before the warrant is finalized and goes to print at the end of March. I look forward to your feedback and questions. Office of: Select Board Town Administrator To: Dave Whitney, Chair, Brewster Select Board Peter Lombardi, Brewster Town Administrator From: Hal Minis, Vision Planning Committee (VPC) Chair Sharon Tennstedt, VPC Vice-chair Re: VPC debrief of Town Meeting Date: Dec 30, 2022 We appreciated the opportunity to debrief on December 2 from Town Meeting following the vote against adopting the Local Comprehensive Plan because of opposition to the planned Wing Island Boardwalk. We felt the meeting was productive and produced ideas about the path forward. The account of this meeting offered at the Dec 19, 2022 Select Board meeting described many of the conclusions from the de-brief. However, we, and others who participated in the debrief, think that the account did not include important items agreed on during the discussion. Most portions of the LCP which speakers at Town Meeting asked to be deleted depend on Select Board decisions. We agreed that planning for the Wing Island boardwalk should be paused and that the current effort be taken off the table. This would allow the Select Board to make decisions such as removing or revising the current references to a boardwalk in the Strategic Plan and in the Capital Facilities Plan. In turn, the VPC could then make appropriate revisions to the LCP. We agreed that the current draft of the LCP could not be brought back to Town meeting, and that there would have to be a pause in VPC activity while SB actions were defined and taken. In place of the current Wing Island effort, we discussed how a public planning process could start with the basic questions of whether or not access to Wing Island should be protected and, from that, what access might look like. To support the process, we suggested a summary paper, such as those prepared for the Vision Plan and Local Comprehensive Plan covering issues such as the ecological assessment of the island, current use (including by the Museum of Natural History), expected sea level and storm surge scenarios, and regulations governing permitting of access structures. This background information would provide a common understanding of issues for all participants in the process. As stated in the account of the debrief at the SB meeting, we did agree that the VPC could be engaged in other activities, such as building public awareness about the LCP, but that those were dependent on the actions described above. We appreciate the strong public, Select Board, and Town Administration support for the LCP and the Committee. We hope that the issues preventing LCP adoption can soon be resolved so that the Plan can be brought to life. described herein. 2.The Treasurer of the Town shall hold the Gift Account funds in the Gift Account, to be expended by the Town Administrator or designee, upon approval of the Select Board, without further appropriation pursuant to G.L. c. 44, §53A for the purposes of: (1) assessment, design, permitting of the Project; (2) professional services and construction costs associated with the Project; and (3) such other planning related studies and/or expenses determined to be appropriate or required by the Town or its officials in relation to the Project. Permissible use of the Gift Account funds shall include but not be limited to the hiring and payment of designers, engineers, consultants, contractors, and subcontractors as deemed necessary by the Town to undertake the Project. 3.In consideration of this grant of funds, and at the direction of the Trust the Town shall name the boardwalk to be built through the Project in honor of a person to be named prior to the commencement of construction. The Town will maintain signage at each end of the boardwalk reflecting said name, which signage shall be no more than 24 inches by 24 inches, unless other dimensions are required by a state agency or local regulatory commission, with remaining details to be determined before project construction commences. a.Neither the Trust nor the Donor shall have rights to rename or amend the name of the boardwalk once the Project is complete and signs have been ordered, however, the Donor may, upon written request to and approval by the Select Board, amend the name of the boardwalk after the execution of this Agreement and until such time as the Town orders signs for the boardwalk. b.In no event shall the boardwalk be renamed within 30 years of the completion of the Project. On and after the thirtieth anniversary of such completion, should the boardwalk need substantial repairs or to be rebuilt, for any reason, the Donor, the Donor’s estate, or the Donor’s Family Foundation shall be granted the right of first refusal to donate sufficient funds in a timely manner as may be needed to cover the costs associated with such repairs and may therefore retain such naming rights. If the Donor does not exercise this right of refusal, the Town may rename the boardwalk pursuant to the terms of any future donations, grants and/or gift agreements for such purposes. The Town shall utilize any and all available insurance proceeds prior to seeking or receiving any such grants and donations. The Town will make all reasonable efforts not to rename the boardwalk pursuant to the terms of this section 3(b). c.Should the Donor or the person for whom the boardwalk is named be convicted of a felony by a court of competent jurisdiction, the Town reserves the right to rename the boardwalk. The Town may also rename the boardwalk if the Donor or the person for whom the boardwalk is named are credibly accused of crimes of moral turpitude, which determination shall be made at the sole discretion of the Select Board. 4.Once all outstanding costs and fees detailed above have been fully paid in relation to the Project, any remaining Gift Account funds shall be returned to BCT, at which time the Gift Account shall be closed. 5.Any interest accrued under the Gift Account shall be used for any purpose allowed under this Agreement. 6.Any report, design, plan or advice generated with Gift Account funds shall be for the sole benefit of the Town, by and through its Select Board, shall be the property of the Town, and shall not be disclosed or shared except as required by the Public Records Law, and any other applicable provisions of state or federal law. 7.It is hereby acknowledged that the Town shall have the right, but not the obligation, to use the Gift Account funds, including any accrued interest, obtained hereunder for the stated purpose and that the Town shall not be deemed to have waived its right to use the funds or be deemed guilty of laches if the Town delays in using the funds. 8.In further consideration of this grant of funds, the Town shall convey to the Trust a conservation restriction in the property known as Wings Island, as further described as the deed recorded in the Barnstable County Registry of Deeds Book 1123, Page 170, said grant of restriction to be subject to approval by vote of Town Meeting and, as necessary, the Massachusetts state legislature, and approval of the terms and conditions of such conservation restriction by the Select Board. 9.This Agreement is intended to govern how the Gift Account funds may be used and is not intended to be construed as obligating the Town to take any particular action except with respect to the naming of the boardwalk, as set forth in section 3. 10.This Agreement shall be binding on and inure to the benefit of the parties; the benefits hereof may not be transferred or assigned without prior written consent of the parties. 11.This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts, without regard to conflict of laws principles. 12.If any term or condition of this Agreement or any application thereof shall to any extent be held invalid, illegal or unenforceable by the court of competent jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of this Agreement shall not be deemed affected thereby unless one or both parties would be substantially or materially prejudiced. 13.This Agreement, including all documents incorporated herein by reference, constitutes the entire integrated agreement between the parties with respect to the matters described. This Agreement supersedes all prior agreements, negotiations and representations, either written or oral, and it shall not be modified or amended except by a written document executed by the parties hereto. Order of Taking for Wing Island and surrounding marsh and beach, 1961 Deeds Book 1123-170 “Public Recreational Areas” are protected under Article 97 of the Mass. Constitu- tion as open space, just as conservation land and public parks are. A home rule petition passed by Town Meeting and a Special Act of the legislature is needed to convey a property interest in Wing Island to a third par- ty (i.e., BCT) under Article 97. This was done in 2003 for the marsh, with CR to Mass. DCR. Page 12 EXHIBIT A excerpt 2004 CR on marsh 2004 CR not on island CHAPTER 161 of the Acts of 2004 (Mass. Legislature) Because the conveyance of this 2004 Conservation Restriction from the Town of Dennis and Town of Brewster involved salt marsh held by their respective Conservation Commissions under Article 97 protec- tions, a special act of the legislature was needed to allow the two towns to execute the CR to the State DCR. Both Town Meetings had to pass a home rule petition to seek that legislative approval. Because Wing Island was taken in the same deed as the marshes for similar process would be needed for Brewster to convey a CR to the Brewster Cons. Trust on Wing Island (i.e., votes of ConCom, Town Meeting and State Legislature for Article 97 approval). - - - Mark H. Robinson, The Compact of Cape Cod Conservation Trusts, Inc., 7-24-20 TOWN OF BREWSTER BUDGET & TOWN MEETING CALENDAR FISCAL YEAR 2024 1. November 29, 2022: FY24-28 Golf Enterprise Fund Financial Forecast presentation to Golf Commission. 2. December 12, 2022: FY24-28 General Fund budget forecast presentation to Select Board and Finance Committee, including recommended FY23 budget development guidelines. 3. December 13, 2022: Follow-up to FY24-28 Golf Financial Forecast with Golf Commission. 4. December 16, 2022: FY24 budget development guidelines distributed to Department Heads & Schools. 5. December 22, 2022: Supplemental FY23 Capital Requests due. 6. January 6, 2023: FY24 budget requests due to Town Administration and Finance Director. 7. Weeks of January 9 and 16, 2023: Preliminary operating budget requests reviewed by the Town Administration and Finance Director with Department Heads. 8. January 10, 2023: Nauset Regional Schools Special Election on High School Project 11am to 7pm. 9. January 11, 2023: Finance Team presentation to Select Board and Finance Committee on FY23-27 Capital Improvement Plan, including supplemental FY23 Capital requests. 10. February 6, 2023: FY24 Town Operating Budget Overview delivered to the Select Board and Finance Committee. 11. February 8 & 10, 2023: Department Head FY23 budget presentations to Select Board and Finance Committee. 12. February 15, 2023: Priority Deadline for submittal of warrant articles for inclusion on the 2023 Annual Town Meeting warrant. 13. March 2023: FY24-28 Water Department Enterprise Fund Financial Forecast presented to Water Commissioners. 14. March 17, 2023: Deadline for proxy votes for private road betterments. 15. March 27, 2023 Nauset Schools budget presentation to Select Board. 16. March 27, 2023: Administrative deadline to finalize warrant articles for the May 2023 Special and Annual Town Meetings. 17. March 29, 2023: Nauset Schools budget presentation to Finance Committee. 18. April 3, 2023: Deadline for Select Board’s and Finance Committee’s recommendations on the May 2023 Special and Annual Town Meeting warrant articles. 19. April XX, 2023: Deadline to send May 2023 Special & Annual Town Meeting warrants to the printer. 20. April 10, 2023: Deadline to post warrants. 21. April 11, 2023: Deadline for Select Board to place a ballot question on the Annual Town Election. 22. April XX, 2023: FY24 Budget and Town Meeting warrant book posted on the website for the general public and distributed at town buildings and other locations. 23. Week of April 17, 2023: Town Meeting public information session. 24. May 1 or 6, 2023: 2023 Special and Annual Town Meeting held at Stony Brook Elementary School. 25. May 16 or 23, 2023: 2023 Annual Town Election. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Administrator RE: Potential Changes to Warrant Distribution to Residents & Spring 2023 Town Meeting Date DATE: January 6, 2023 In Fall 2022, with little notice, Gannett Publishing (current owner of the Cape Codder) both increased the price of publishing our Town Meeting warrants and notified the Town that they would no longer just distribute them to Brewster residents as they have done for many years – effectively doubling our costs and resulting in significant waste since many of their subscribers are not Brewster residents. Following this development, Town Administration researched several alternatives to provide warrant books to residents. Our recommendation is that, going forward, we use the same vendor who produces our Annual Town Report (they print warrant for many other MA towns as well). We plan to order 1000+ hard copies and we will make them available in Town offices and in local businesses well in advance of Town Meeting. We will continue to provide hard copies to residents at Town Meeting as well. Of course, the Town posts an electronic copy of the warrant on our website too. We recognize that this will be a change from longstanding tradition but continuing this past practice is not a viable option. Since the start of the pandemic, the Town held Town Meeting on Saturday mornings, starting at 10AM for numerous logistical reasons. Annual Town Meetings have typically been held on the first Monday night in May, although the start time was moved up from 7PM to 6PM in recent years. However, even with an earlier start time, the weekday evening format places time constraints on Town Meeting participation and deliberation that simply don’t exist when the meeting begins at 10AM on a weekend. The Brewster Government Study Committee (and others) have researched and debated the merits of holding the meeting on a weekday evening versus a weekend morning without having the benefit of our recent experience. In the interest of helping facilitate voter attendance at Town meeting, the Town offers free childcare for families and free COA transportation for seniors. With very few exceptions, residents do not avail themselves of these services. Holding the meeting on a weeknight versus a weekend morning does not seem to have impacted voter turnout. Office of: Select Board Town Administrator After our most recent Town Meeting, which included only 16 articles and still adjourned at 11PM, Town Administration is seeking Select Board input regarding potentially moving our upcoming Annual Town Meeting date from Monday May 1 to Saturday May 6. The meeting could still be held indoors at the Stony Brook Elementary School. We have checked with Town departments and foresee very limited potential conflicting events that day – the Captains Golf Course is hosting an annual memorial tournament that day which a couple dozen Brewster residents usually participate in. Also, if the Town Meeting date is moved back to the 6th, the local election would be rescheduled by one week to Tuesday May 23 per our Town bylaws. §48-1.Designation of time.[Amended 3-3-1941 ATM, Art. 24;3-3-1953 ATM, Art. 31;5-8-1958 STM, Art. 1;3-2-1965 ATM, Art. 54;5-14-1984 STM, Art. 2; 5-11-1987 ATM, Art. 90;5-14-1990 ATM, Art. 16;10-19-1992 FYTM, Art. 2; 11-21-1994, FYTM, Art. 8;11-14-2005 FYTM, Art. 14;11-13-2006 FYTM, Art. 14;9-2-2015 FYTM, Art. 11;12-3-2018 FYTM, Art. 9] The Town will hold two regularly scheduled Town Meetings. The Spring Annual Town Meeting for the transaction of all business for the town, other than matters to be determined by ballot, shall be held on the first Monday in May at 6:00 p.m. or such later time as set forth in the warrant for the Annual Town Meeting. The Annual Election for the election of officers and such matters as are by law determined by ballot shall be held on the third Tuesday in May. Whenever the Annual Election for the election of officers and such matters as are by law determined by ballot falls fewer than two weeks after the scheduled beginning of the Spring Annual Town Meeting then the Annual Election shall be held on the fourth Tuesday in May. The Special Town Meeting will be held between the first week of October and the first week of December. :1 Select Board Meeting 01.09.22 1 Agenda Item #19- For Your Information (FYIs) 1.November 2022 Housing Coordinator Update 2.Pension Reserves Investment Management Board November Statement 3.Abutter Notification of Public Hearing- Brewster Zoning Board of Appeals 4.Public Hearing Notice- Town of Orleans 5.Appointments to Conservation Commission a.Stephen McKenna b.Ronald Slowek 6.Health and Human Services Reports a.Alzheimer’s Family Support Center b.Cape Cod Children’s Place Inc. c.The Family Pantry of Cape Cod 7.Eversource Distribution Rate Increase Brewster Housing Coordinator Update November 2022 Jill Scalise Ongoing Activities/ Projects 1.Community Outreach and Education (Housing Production Plan (HPP) Strategy #14) Responded to email and phone requests for information and assistance, 54 total requests for housing information (31) or assistance (23). Open office hours Thursdays 10-noon. 2.Brewster Affordable Housing Trust (BAHT) (HPP assorted strategies, Select Board (SB) Strategic Plan H-1) Trust met & addressed items throughout update. Provided letter of support for Housing Coordinator CPA grant application. Voted to express support of Local Comprehensive Plan. Worked on discussion items for a joint meeting with the Community Preservation Committee (CPC) including Trust guidelines, financial plan, and the affordable home buy-down program. 3.Community Housing Parcel off Millstone (SB Strategic Plan H-4, HPP Strategies #12 & 16) Attended team meeting regarding coordination of Millstone Road improvements and plans for proposed housing neighborhood. Participated in Staff Review which provided feedback on housing plans and process prior to an anticipated filing of a Comprehensive Permit application to the ZBA in December. 4.Redevelop Existing Properties for Affordable Housing (HPP Strategy #5) Serenity at Brewster (55+ rental housing, 27 affordable units): Site operating, affordable units all leased. Market rate units remain available. 5.Comprehensive Permit Projects (HPP Strategy #16) Brewster Woods (30 affordable rental units): Followed-up with applicant and resident questions. Final documentation continued for waitlist applicants. Anticipated opening in January 2023. Habitat for Humanity Red Top Road (2 affordable homes): Expected site work in early 2023. 6.Preservation of Housing and Related Support of Brewster Residents (SB H-3, HPP Strategy #20) Regional Community Development Block Grant (CDBG): Received an invitation to continue as lead community for FY22/23 regional grant application. Brewster CDBG team surveyed about experience and workload, willing to continue. Request to apply as lead will be made to Select Board in December. Continue fielding inquiries about Brewster’s rental assistance program. 7.Subsidized Housing Inventory (SHI) (HPP Strategy #21 & 22) 212 Yankee Drive- Town owned, vacant affordable property. Met with Donna Kalinick & The Resource Inc. (TRI) about the workflow for the preservation of the property. Breaking process into steps. Made several site visits. TRI had an initial assessment for mold remediation and infestation. Trust voted to fund septic inspection. Contracted for inspection and requested Board of Health fee waiver for septic report. Water Department assisted with water for inspection. Ongoing follow-up on additional SHI homes of concern, site visits to several properties. Received notice of resale for 50 Paul Hush Way. Worked with owner, DHCD, and HAC on resale process. 8.Housing Production Plan (HPP) (Select Board Strategic Plan Goal H-2)  Continue implementation of HPP. 9.Collaboration (HPP Strategy #7) Participated in HOME Consortium and the Housing to Protect Cape Cod Summit in Hyannis. Met with Community Development Partnership staff about Brewster’s Housing initiatives. With Donna Kalinick, also met with new state representative Chris Flanagan. Personnel Participated in Housing Trust meeting & attended Special Town Meeting. Worked with: Assessor’s, Building, Council on Aging, Fire, Health, Planning, Public Works, Water, and Town Administration. Attended CDP’s Housing Institute: Zoning Basics for Rural Communities and Municipal Conflict Management training. NAV $ (000) Target Allocation Range Actual Allocation % Month FY '23 Calendar YTD 1 Year 3 Year 5 Year 10 Year Since Inception GLOBAL EQUITY 36,363,922 33 - 43% 39.0% 7.84 6.72 -15.02 -11.59 6.76 6.35 9.00 6.36 CORE FIXED INCOME 12,767,044 12 - 18% 13.7% 4.19 -4.32 -17.23 -17.84 -2.71 0.74 2.14 6.48 VALUE ADDED FIXED INCOME *6,373,881 5 - 11% 6.8% 1.89 2.12 -5.44 -4.59 3.91 4.18 4.41 7.35 PRIVATE EQUITY *16,052,889 12 - 18% 17.2% -0.66 -6.24 -4.80 -1.74 27.25 23.96 21.44 15.94 REAL ESTATE *10,456,573 7 - 13% 11.2% 0.96 1.38 10.21 18.14 13.26 11.18 11.17 7.22 TIMBERLAND *2,883,613 1 - 7% 3.1% 0.61 0.66 5.07 12.60 5.77 5.25 6.32 8.06 PORTFOLIO COMPLETION STRATEGIES *7,881,635 7 - 13% 8.4% 0.73 0.46 -1.94 -1.13 2.79 2.81 4.23 4.12 OVERLAY 516,322 0.0% 0.6% 6.17 3.63 -8.62 -6.91 4.46 3.22 4.35 TOTAL CORE 93,334,127 100% 100% 3.78 1.05 -9.32 -6.58 7.91 7.49 8.74 9.25 3.81 1.59 -7.82 -4.79 7.63 7.29 8.15 9.59 TOTAL CORE BENCHMARK (using private equity) 2 4.01 3.49 -5.81 -3.53 5.96 6.10 7.24 9.33 PARTICIPANTS CASH 46,606 0.31 1.14 1.33 1.33 0.70 1.29 0.85 3.44 TEACHERS' AND EMPLOYEES' CASH 85,372 0.32 1.11 1.31 1.31 0.69 1.27 0.84 2.31 TOTAL FUND 93,466,105 3.77 1.05 -9.29 -6.56 7.88 7.47 8.71 9.29 PENSION RESERVES INVESTMENT TRUST * Certain Value-Added Fixed Income investments, Private Equity, certain Real Estate investments, Timberland, and certain Portfolio Completion Strategy investments are valued only at calendar quarter ends (March 31, June 30, September 30, and December 31). Periods Ending November 30, 2022* RATES OF RETURN (GROSS OF FEES) SUMMARY OF PLAN PERFORMANCE IMPLEMENTATION BENCHMARK (using short term private equity benchmark) 1 3 mapension.com | 84 State Street, Suite 250, Boston, MA 02109 | (617) 946-8401 PRIM Board Quarterly Update Third Quarter 2022 PRIM Executive Director and Chief Investment Officer Michael G. Trotsky, CFA provided the following information to the PRIM Board at its December 1, 2022, meeting: Executive Director and Chief Investment Officer Report The global challenges of the last two quarters persisted into the September quarter. During the September quarter COVID continued with a significant number of daily cases in the US and worldwide, while the flu and other respiratory illnesses, namely RSV, were on the rise. Interest rates remained stubbornly high, and inflation remained at multi-decade highs; markets digested slowing economic growth worldwide, tightening monetary policy, the Russia/Ukraine war, and continued geopolitical tensions. This provided a significant headwind for economies and financial markets in the September quarter, making it the third consecutive quarter of market declines. Through this challenging period, the PRIT Fund performance was stronger than the markets and most of our peers. We remain pleased with the resiliency of the Fund and its performance over all time periods, including in the September quarter, and throughout several different market environments. The Fund was down 4.7%, net, in the September quarter as compared to a 60/40 mix, which was down 6.0%. Market downturns create good buying opportunities, and the PRIM team has been busy identifying many new opportunities. Deployment of capital to new ideas of $6.9 billion last fiscal year was a 58 percent increase over the previous year. In the current quarter, deployment of new capital is expected to total approximately $800 million. Rebalancing trades increase during times of elevated market volatility; this ensures the deployment of capital to asset classes with the most significant declines. Rebalancing trades last fiscal year exceeded $8 billion, and in the first five months of this fiscal year, July through November, rebalancing trades exceeded $3.5 billion. The deployment of capital to new ideas and rebalancing of the portfolio was timely; there has been a significant rebound in the markets since the end of the September. The S&P 500, for example, was down Mass PRIM Quarterly Update – Q3 2022 2 more than 15% for the 12-month period ending September but has gained back nearly 11% in October and November alone. The outlook for the global economy is uncertain and PRIM does not trade or adjust the portfolio on any projections of the future. We remain pleased with the performance of the PRIT Fund as it is carefully constructed to perform well in a variety of market conditions. PRIT Fund Performance For the one-year ended September 30, 2022, the PRIT Fund was down -9.6%, (-10.1% net), underperforming the total core benchmark of -7.9% by 178 basis points (220 bps net). • This performance equates to an investment loss of $9.9 billion, net of fees. • This underperformance equates to $2.2 billion of value below the benchmark return, net of fees. • Net total outflows to pay benefits for the one-year ended September 30, 2022, were approximately $29 million. The following charts summarize the PRIT Fund performance for the one year ended September 30, 2022. Total PRIT Fund Returns Annualized Returns as of September 30, 2022 (Gross of Fees) Source: BNY Mellon. Total Core Benchmark includes private equity benchmark. -9.6% 6.7%6.7% 8.2% -7.9% 4.6%5.3% 6.6% -1.8% 2.1%1.5%1.5% -10.0% -5.0% 0.0% 5.0% 10.0% 1 Year 3 Year 5 Year 10 YearReturns Total Fund Return Total Core Benchmark Value Added Mass PRIM Quarterly Update – Q3 2022 3 PRIT Asset Class Performance Summary One Year ended September 30, 2022 (Gross of Fees) Source: BNY Mellon. Totals may not add due to rounding. *Benchmark is actual performance. PRIT Fund Annualized Returns By Asset Class (September 30, 2022 - Gross of Fees) 1 Year 3 Year 5 Year 10 Year REAL ESTATE 17.4% PRIVATE EQUITY 27.4% PRIVATE EQUITY 24.1% PRIVATE EQUITY 21.5% TIMBER 11.7% REAL ESTATE 13.0% REAL ESTATE 11.1% REAL ESTATE 11.1% PRIVATE EQUITY 5.3% TIMBER 5.7% TIMBER 5.1% GLOBAL EQUITY 7.6% PCS (1.6%) GLOBAL EQUITY 4.0% GLOBAL EQUITY 4.3% TIMBER 6.3% VALUE-ADDED FIXED INCOME (6.6%) VALUE-ADDED FIXED INCOME 3.0% VALUE-ADDED FIXED INCOME 3.6% PCS 4.3% CORE FIXED INCOME (17.5%) PCS 2.6% PCS 2.9% VALUE-ADDED FIXED INCOME 4.2% GLOBAL EQUITY (21.0%) CORE FIXED INCOME (3.4%) CORE FIXED INCOME 0.5% CORE FIXED INCOME 2.0% Source: BNY Mellon. Returns as of September 30, 2022 17.4%11.7%5.3%-1.6%-6.6%-17.5%-21.0%18.5%12.0%5.3%-2.5%-5.2%-17.8%-20.8%-1.1%-0.3%0.0%0.8%-1.4%0.3%-0.3%-40.0% -30.0% -20.0% -10.0% 0.0% 10.0% 20.0% 30.0% Real Estate Timberland Private Equity* Portfolio Completion Strategies Value Added Fixed Income Core Fixed Income Global EquityReturns Asset Class Benchmark Value Added Mass PRIM Quarterly Update – Q3 2022 4 Organizational Updates Jessica Murphy joined PRIM in October as the Manager of Performance Reporting. Jess comes to PRIM from Bank of New York Mellon where she served as Lead Manager within the bank’s Performance Reporting Group. Jessica is familiar with PRIM, having served as PRIM’s main point of contact for all performance reporting matters for the past 13 years and she brings more than 16 years of performance reporting experience to the organization. At Mellon, Jess also oversaw performance reporting for many other large public pension funds, endowments, and corporate clients. She earned a Bachelor of Science degree in Economics and Finance from Bentley College, and will report into our Chief Investment Operating Officer, Matt Liposky. Sara Coelho was promoted to Finance Manager. Sara was hired in November of 2018 and has exceled first as a Corporate Accountant and then as a Senior Corporate Accountant. Sara’s work ensures that PRIM’s month-end close is completed timely and accurately. Sara has also expanded her role with payroll, time and attendance, and benefits by becoming an expert on Replicon, the human resources system. She has also taken on a larger role with supervision of finance staff and reviews a large volume of their work. Sara earned a Bachelor of Science in Finance and Accounting Management from Northeastern University. Mini Kouame was promoted to Investment Officer on the Research team. Hired in July of 2021, Mini is responsible for multiple research initiatives, including ESG research and blockchain research. Mini earned an MBA from ESCP Europe, a top university in Europe and a master’s degree from Harvard’s Kennedy School. Prior to the Kennedy School, Mini spent eight years in management consulting where he provided solutions to top-level executives using a strategic, data-driven approach. Mini is currently enrolled in the prestigious Certificate in Quantitative Finance (CQF) where he will continue to build upon his data science skillset. Liu Liu was promoted to Investment Officer on the PCS team. Hired first as an intern in 2017, Liu quickly gained the confidence of her managers and was offered a full-time position in September of 2018. Liu has earned both a CFA charter and CAIA charter during that time. Liu has a master’s in finance from Brandeis University and a bachelor’s degree in finance from Shanghai Jiao Tong University. Chuck LaPosta was promoted to Director of Fixed Income on the Public Markets team. Since being hired in September of 2013, Chuck has become PRIM’s fixed income expert and he continues to identify unique opportunities by working collaboratively with other PRIM asset class teams. He is an excellent communicator of fixed income investments, concepts, and trends, which can be quite complex. Recent Recognition We congratulate Treasurer Deborah Goldberg on her recent reelection for her third term as Treasurer and Receiver General. We look forward to working with her over the next four years and are thankful to her for her unwavering support of PRIM and our important mission. Treasurer Goldberg has also received the Northeast Women in Public Finance Freda Johnson Lifetime Achievement Award. “The award recognizes a woman serving or who has served in a position for a public or non-profit issuer who exemplifies the qualities that Freda Johnson brought to our industry as a trailblazer, leader, innovator, and mentor.” Institutional Investor recognized PRIM for our leading work on ESG, by bestowing on PRIM and our partners on the MIT Sloan School Aggregate Confusion project the “Partnership of the Year” award. The project works to “reduce the level of noise in ESG measurement” by improving data available to managers and allocators. PRIM’s Director of Research, Maria Garrahan, spoke on behalf of PRIM when accepting Mass PRIM Quarterly Update – Q3 2022 5 the award. This recognition reflects the leading role our team and partners are playing in driving the research in this evolving area. Tony Falzone, PRIM’s Deputy Executive Director and Chief Operating Officer and Jay Leu, PRIM’s Director of Risk, were recently selected by Treasurer Goldberg as recipients for this year’s Performance Recognition Program. Each of them has been selected to receive a citation from the Treasurer at a ceremony to recognize their outstanding performance in their respective areas. On December 14th at the Boston Convention Center, the Governor’s office recognized PRIM’s FUTURE Initiative, the effort to increase the use of diverse investment managers and vendors, for the Commonwealth Equity in Governance Award. Dave Gurtz and the entire team worked to create and successfully execute PRIM’s FUTURE Initiative, the program to implement the Investment Equity legislation created and championed by Treasurer Goldberg and her staff and signed into law in January of 2021. PRIM Board Actions ESG Committee Membership Recommendation The PRIM Board appointed the following individuals to the ESG Committee: • Treasurer Deborah B. Goldberg • Ruth Ellen Fitch, Esq. • Theresa F. McGoldrick, Esq. • Dennis J. Naughton • Michael Even • Poonam Patidar • Mary Cerulli • Marcella Pinilla Public Markets Other Credit Opportunities – New Investment Recommendation: BentallGreenOak US Value-Add Lending Fund The PRIM Board approved an initial commitment of up to $100 million to BentallGreenOak US Value-Add Lending Fund (the “Fund”) as part of the Other Credit Opportunities (“OCO”) allocation. The approval will be subject to satisfactory contract negotiations. BentallGreenOak (“BGO”) will be added to the OCO co- investment program in accordance with the Board-approved PCS and OCO co-investment guidelines in assessing the opportunities. The Fund’s strategy will be to originate whole loans and mezzanine loans secured by US commercial properties. This is BGO’s first fund of this strategy in the United States. BGO has been executing a similar strategy in Europe, UK, and Canada. Other Credit Opportunities – New Investment Recommendation: KKR Opportunistic Real Estate Credit Fund II The PRIM Board approved an initial commitment of up to $150 million to KKR Opportunistic Real Estate Credit Fund II (“ROX II” or the “Fund”) as part of the Other Credit Opportunities (“OCO”) allocation. The approval will be subject to satisfactory contract negotiations. KKR will be added to the OCO co-investment program in accordance with the Board-approved PCS and OCO co-investment guidelines in assessing the opportunities. The Fund’s strategy will be to originate senior loans on high-quality, transitional assets owned by institutional sponsors and located in major markets. Private Equity New Investment Recommendation: Altor Fund VI, AB The PRIM Board approved a commitment of up to $ €100 million to Altor Fund VI, AB. Founded in 2003, Altor Equity Partners (“Altor”) is an established Northern European private equity firm with a strong track record and deep local presence in its core geographies. Altor invests in lower middle market businesses that have transformational value creation potential and seeks to build industry leaders with best-in-class Mass PRIM Quarterly Update – Q3 2022 6 operations in partnership with highly capable management teams. Altor continues to refine its successful approach to investing, targeting companies in the Nordic and DACH regions operating across the industrials, financial services, technology, consumer, and business services sectors. PRIM has not invested in Altor’s prior funds. New Co-Investment Recommendation: Altor Equity Partners The PRIM Board approved the addition of Altor Equity Partners to the Board-approved bench of co- investment managers. Altor Equity Partners meets PRIM’s co-investment criteria, which include: a superior track record; a strong co-investment history; and a willingness to partner with PRIM. Follow-on Investment Recommendation: Waterland Private Equity Fund IX C.V. & Waterland Partnership Fund I C.V. The PRIM Board approved a commitment of up to €130 million to Waterland Private Equity Fund IX C.V and a commitment of up to €20 million to Waterland Partnership Fund I C.V. PRIM has invested in two prior Waterland Private Equity Investments B.V. (“Waterland”) funds since 2018. Waterland has a stable and highly experienced team and a strong and consistent track record. The firm is an established private equity manager and will make investments in small and middle market companies primarily in Western Europe. Follow-on Investment Recommendation: WestView Capital Partners V, L.P. The PRIM Board approved a commitment of up to $125 million to WestView Capital Partners V, L.P. (“Fund V”). Founded in 2004, WestView Capital Partners (“WestView”) is a Boston-based private equity firm with a strong track record of investing in healthy, growing, and profitable companies in the lower end of the middle market. Fund V will continue to target growth opportunities across the business services, IT services, healthcare IT, software, and growth industrial sectors. PRIM has invested in three prior WestView funds since 2009. Follow-on Investment Recommendation: Lovell Minnick Equity Partners VI, L.P. The PRIM Board approved a commitment of up to $150 million to Lovell Minnick Equity Partners VI, L.P. (“Fund VI” or “LMEP VI”). PRIM has invested in two prior Lovell Minnick Partners (“LMP”) funds and three co- investments since 2015. LMP is a small, highly focused firm with an experienced and motivated team. LMP has a strong and consistent track record. Fund VI will target control and non-control oriented private equity investments in middle market financial services companies. Finance and Administration Consent Agenda In April of 2014, the Board approved the implementation of a consent agenda to best utilize Board meeting time to focus on deliberation on the most substantive matters. A consent agenda is a meeting practice whereby routine and other non-controversial voting items that do not require discussion are presented and approved as a single agenda item in a single motion. The PRIM Board approved the following proposed consent agenda items: 1) Approval of the Draft Fiscal Year 2022 Annual Comprehensive Financial Report 2) Approval of the PERAC Examination Report for the Period July 1, 2014 – June 30, 2019 3) Approval of the Proposed 2023 PRIM Board and Committee Meeting Schedule 4) Approval of the Information Technology Consulting Services Recommendation 5) Approval of the Investment Legal Services Request for Qualifications (RFQ) Recommendation Fiscal Year 2022 Audit Results The Prim Board accepted the Fiscal Year 2022 PRIM and PRIT Audited financial statements. Mass PRIM Quarterly Update – Q3 2022 7 The Client Services team will continue to meet with the retirement boards of PRIM’s member retirement systems throughout the year. To schedule a visit, please contact Francesco at fdaniele@mapension.com, Laura at lstrickland@mapension.com, Emily at egreen@mapension.com, or call 617-946-8401. We look forward to seeing you soon. FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: FINAL Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS:  Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee’s needs.  The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board.  Please complete this form online, or on paper, and submit a résumé if desired to Erika Mawn, Town Administrator’s Executive Assistant: o Email: EMawn@Brewster-MA.gov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator’s Office or drop-box outside Town Hall.  After your application materials are received, you’ll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. 1. Applicant name: 2. Address: 3. Phone Numbers: Home: Cell: 4. Email: 5. This is an application for: Full member status Alternate status 6. Are you a full-time Brewster resident? Yes No 7. Years you’ve lived in Brewster: 8. Are you registered to vote in Brewster? Yes No 9. Committees you are interested in serving on in order of preference: a. b. c. NOTE: You may attach a résumé or CV instead of completing items 10-14. FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. Name of School Degree/Diplomas Certificates Date of Completion 11. OCCUPATION: ______________________________________________________ Active Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. Name of Employer Job Title Dates of Employment 13. GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held.     14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 15. GOALS: Please explain why you’d like to serve on a particular committee. 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. 17. TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? Yes No 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) Yes No 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): 20. ADDITIONAL INFORMATION. Please add any additional information you’d like. a. Name: Address: Phone: Email: Relationship to you: b. Name: Address: Phone: Email: Relationship to you: FINAL Select Bd Appt Policy; version Oct. 28 20. SIGNATURE. By signing below, you state that you understand and agree.  My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years.  If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to:  Massachusetts Conflict of Interest Law, MGL Ch. 268A;  Massachusetts Financial Disclosure Law, MGL Ch. 268B;  Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00;  Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00;  Massachusetts Campaign Finance Law, MGL Ch. 55; and  Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations.  If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law.  When submitted, I understand that this form becomes a public document. Signature: Date: BREWSTER HUMAN SERVICES FY23 SEMI-ANNUAL REPORTING (1st HALF) AFSC services are now being offered both in-person and virtually. Services offered during period: Virtual Groups, Caregiver 12 groups @ $100 per group $1200 Virtual Groups, PWD 12 groups @ $100 per group $1200 In-person Groups, Caregiver 12 groups @ $100 per group $1200 In-person Groups, PWD 12 groups @ $100 per group $1200 Bereavement Services 6 groups @ $100 per group $600 Consultations 50 hrs @ $50 per hour $2500 Phone support 77 hours @ $25 per hour $1925 Savvy Caregiver 12 hours @ $50 per hour $600 Educational Programs $1000 Social/Cultural Programs $1000 Cognitive Health Screenings $200 Insurance/SHINE Support 15 hours 0 # OF BREWSTER CLIENTS SERVED: 211 COST OF SERVICE: $15,125 BREWSTER HS GRANT FY23 SEMI-ANNUAL AMOUNT: $5500 Alzheimer’s Family Support Center Until there’s a cure, there’s community. 2095 Main Street Brewster, MA 02631 (508) 896-5170 www.alzfamilysupport.org Archive d: Tuesday, January 3, 2023 4:05:38 PM From: Goldstein, Ronit Se nt: Tue, 3 Jan 2023 20:35:02 +0000ARC To: Amy Handel; Conor Kenny; Donna Kalinick; Erika Mawn; Griffin Ryder; Heath Eldredge; James Jones; Kevin Varley; Peter Lombardi; Robert Moran; Susan Broderick Subje ct: Investing in Massachusetts' Energy Future Se ns itivity: Normal Attachme nts : 2023 Approved-Updated Rate Review Fact Sheet (1).pdf; Distribution Rate Increase Eversource customers in Massachusetts benefit from a safe, internationally rated, top-tier electric system that enables us to meet our customers’energy needs. As a follow up to an earlier communication in 2022, Eversource submitted proposals to the Massachusetts Regulators (D PU) tosupport this continued investment. We are sensitive to this investment’s impact on customers and have worked to limit that impact as much aspossible. The D PU recently issued a decision on our proposal. This recent decision will enable Eversource to continue our leadership role for Massachusetts’energy future by continued investment in clean, reliable energy, ability to invest in the electric grid to reduce outages, increase response times, andto manage an increasingly complex system. The D PU’s decision also includes a minimum five-year period before Eversource can request a new distribution rate review, and a requirement thatwe operate under a performance-based plan that is measured on important categories like customer satisfaction, environmental justice, equity,system resiliency, and clean energy resources. The approved D istribution rate, along with adjustments to the annual Delivery rate, and the change to the Basic Service (energy supply) charge are effective January 1, 2023. While the adjustments to the Distribution and annual D elivery rates take effect January 1, 2023, rising energy costs are the primary factor impacting customers’ total monthly bills. As you know, Eversource does not produce electricity, but purchases energy to meet customers’ electric needs throughout the year. Eversource does notearn a profit on the cost of energy and charges c ustomers only what the company pays in the energy market.Beginning January 1, Eversource electric customers will see the following impacts to their total monthly bill:Base Distribution Rate Review Impact Massachusetts Residential Basic Service Customers * Rate Classification Typical Monthly Use (kWh) $ Total Bill Impact % Total Bill Impact R-1 Non-Heating 530-550 $3 to $4 1% to 2% R-2 Non-Heating Assistance 480-590 -$7 to -$8 -7% to -8% R-3 Residential Heating 745-805 $4 to $5 2% to 3% R-4 Residential Heating Assistance 845-995 -$12 to -$13 -7% to -8% T otal Bill Impact M assachuse tts Re side ntial Basic Serv ice Custome rs ** Rate Classification T ypical Monthly Use (kWh) $ T otal Bill Impact % T otal Bill Impact R-1 Non-He ating 530-550 $43 to $47 25% to 27% R-2 Non-He ating Assistance 480-590 $15 to $16 15% to 16% R-3 Re side ntial He ating 745-805 $70 to $73 30% to 31% R-4 Re side ntial He ating Assistance 845-995 $32 to $33 19% to 20% * Comm ercial and industrial (“C&I”) customers c an ex pec t bill impacts to vary depending on usage and rate clas s . Large C&I c us tomers and c ertain m edium C&I custom ers will be contacted by their Ev ersourc e Ac c ount Ex ec utives. Sm all C&I customers and medium C&I c us tomers without Account Executiv es should contact the Eversourc e Bus iness Call Center at 800-340-9822 for specific bill impacts. **Basic Servic e adjusts on January 1 and July 1 for res idential custom ers. A customer’s total bill amount depends on their energy use, their energy supplier, the type of rate they are on, and weather conditions. Programs to Help Customers \u8239 We recognize the financial burden this places on customers who are already facing higher prices on everyday goods and services. To help customers through this time, we offer programs to lessen the impact on their bill by helping better manage energy use and providingdirect assistance to those in need. Customers are encouraged to:\u8239 Visit Capelightcompact.org for additional resources.  Visit Eversource.com to learn more about the many Energy Efficiency rebates and services to help reduce energy use at little or no cost. Simple changes can help lower bills.  Take advantage of our Heating Cost Calculator to see how adjustments to your thermostat can help them save energy.\u8239 \u8239 \u8239  Schedule a virtual home pre-assessment with an energy technician to identify energy-saving opportunities in your home. CALL 1-866-527-SAVE (7283) TO LEARN MORE ABOUT HOME ENERGY ASSESSMENTS.  Enroll in Budget Billing to set up predictable monthly payments and even out bill spikes during heating and coolingseasons.\u8239 \u8239 \u8239  Compare rates offered by other electric suppliers and choose the option that works best for them.\u8239 \u8239 \u8239  Learn about special assistance programs to lower your monthly payments, forgive past due balances or spread payments out over time.\u8239 \u8239 \u8239 \u8239 \u8239 \u8239 \u8239 We encourage all customers to review our programs and ways to manage or get help with their bill at Eversource.com/winter- bill..\u8239 \u8239 \u8239 \u8239 \u8239 \u8239 Thank you for your consideration, and please contact me if you have any questions.\u8239 \u8239 \u8239 \u8239 \u8239 Ronit Ronit Golds tein C ommunity Relations & Economic Development 480 Willow Street, Yarmouth, MA 02664 |( 617-966-8459 (cell) * ronit.golds tein@evers ource.com Thi s electronic me ssage contains i nformation from Eversource Energy or its affi l i ate s that may be confi dential, proprie tary or othe rwi se protecte d from disclosure . The information i s intended to be used sol e l y by the recipient(s) name d. Any views or opinions expressed i n thi s message are not necessarily those of Eversource Energy or its affi l i ates. Any disclosure , copyi ng or di stri bution of this me ssage or the taking of any acti on base d on i ts contents, othe r than by the inte nde d re ci pi e nt for its intended purpose, i s strictl y prohibite d. If you have receive d thi s e-mail i n error, please notif y the se nde r i mme di ate l y and delete it from your system. Emai l transmission cannot be guaranteed to be error-free or se cure or free from viruses, and Eve rsource Ene rgy di scl aims all liabi l i ty for any re sul ting damage, errors, or omissi ons. Where can I ﬁnd more information about Eversource’s 2022 Rate Review? Customer can see more information in the “My Account” section of Eversource.com. * Institute of Electrical and Electronics Engineers @eversourceenergy Follow Eversource on twitter, Facebook and Instagram What is a “rate review?” In Massachusetts, a rate case is the regulatory proceeding conducted by the Department of Public Utilities, DPU, to review a utility’s proposal to adjust rates. STEP ONE The Utility ﬁles a Notice with the DPU indicating that it intends to ﬁle a rate case. The Utility can ﬁle 30 days after this notice. Eversource ﬁled its notice on November 17, 2021. STEP TWO The Utility determines the revenue deﬁciency, which is the amount of money the company is collecting in rates versus the amount of money that is required for its investments and Operational & Maintenance costs. STEP THREE A Utility conducts a “Cost of Service Study” (COSS) to determine costs to provide service to dierent types of customers, such as residential, small business, and commercial and industrial customers. STEP FOUR A detailed rate case is ﬁled with the DPU. This ﬁling proposes rate adjustments by customer type, using the Cost of Service Study. Eversource ﬁled a detailed rate case with the DPU on January 14, 2022. STEP FIVE DPU issues a notice for Eversource’s Rate Case and schedules public hearings to provide feedback on the rate case proposal. STEP SIX The DPU conducts a comprehensive review of the rate case and issues a ruling within 10 months. The review process includes several days of hearings. We’re taking a leadership role to prepare for Massachusetts’ energy future by investing in clean and reliable energy and making the grid smarter to reduce outages, increase response times, and manage an increasingly complex system. Delivering on these commitments requires sustained investment. In 2022, we proposed updates to our electric Distribution rates to the Massachusetts Dept. of Public Utilities.  After a year-long review, Massachusetts regulators recently issued a decision, which includes a minimum five-year period before Eversource can request a new Distribution rate review, and a requirement that Eversource operate under a performance-based plan that is measured on important categories like customer satisfaction, environmental justice, equity, system resiliency, and clean energy resources. The approved rates, along with adjustments to the Delivery and Basic Service charges, are effective Jan. 1, 2023. A Rate Review is a regulatory proceeding described on the right. Why did Eversource request a rate review?Eversource is committed to continued investments in the reliability and safety of our system. It’s not only important for our customers, but also for the economic development of the region. New rates will also help Eversource be prepared even more effectively and efficiently for future storms. The investment plan in place today was implemented in January 2018 and expired at the end of 2022. The DPU's recent decision to extend the plan beginning on January 1, 2023 enables us to continue making investments in a reliable and resilient system. What are the customer benefits of the rate review?Eversource will have the ability to continue to provide superior service for our customers through continued improvement of system reliability, flexibility, and resiliency, meet customer expectations during storm events, and support for our customers' growing electricity needs and electrification abilities into the future and boost electric innovations such as electric vehicles. Electric Rate Review JANUARY 2023 FACT SHEET Rate Review Process Electric Rate Review 2023 FACT SHEET Examples of future investment areas include: Upgrading infrastructure and facilitating interconnections to support increased use of clean energytechnologies (including electric vehicle charging) Expanding battery energy storage capabilities, which backstop the reliability of the system while majorprojects are under development Implementing an advanced metering infrastructure (AMI) tariff beginning with the implementation of anew customer information system Enterprise-wide technology investments to support outage reporting and analytics, improving ourvitally important storm response Beginning January 1, 2023Eversource electric customer will see the following impacts to their total monthly bill. Base Distribution Rate Review Impact Massachusetts Residential Basic Service Customers * Total Bill ImpactMassachusetts Residential Basic Service Customers * * Commercial and industrial ("C&I") customers can expect bill impacts to vary depending on usage and rate class. Large C&I customers and certain medium C&I customer will be contacted by their Eversource Account Executives. Small C&I customer and medium C&I customers without Account Executives should contact the Eversource Business Call Center at 800-340-9822 (Eastern MA) or 888-783-6610 (Western MA) for specific bill impacts.** Basic Service adjusts on January 1 and July 1 for residential customers. A customer's total bill amount depends on their energy use, their energy supplier, the type of rate they are on, and weather conditions.