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Home My Public Portal AboutSelect Board -- 2023-01-09 MinutesTown of Brewster MINUTES OF THE SELECT BOARD MEETING DATE: January 9, 2023 TIME$ 5:30 PM PLACE: Remote Participation 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov O ice of: Select Board Town Manager REGULAR SESSION REMOTE PARTICIPANTS: Chair Whitney, Selectperson Chatelain, Selectperson Bingham, Selectperson Chaffee, Selectperson, Hoffmann, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick, Jill Scalise, Cassie Boyd Marsh, Meg Morris, Eric Steltzer Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Whitney called the meeting to order at 5:30pm, 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 11 • 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 MassCOPLocal 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 i Selectperson Hoffmann moved to enter executive session. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Chatelain-yes, Selectperson Chaffee- yes, Chair Whitney -yes. The Board vote was 5 -Yes, O -No. The Select Board returned to open session at 6:OOpm Public Announcements and Comment: None Selectperson Chatelain announced the first public forum hosted by the Bay Property Planning Committee will be on Tuesday January 17 at bpm. The forum is seeking public input on the plan for the parcel and feedback on the use and programmatic layout for the pool. Town Manager's Rep'brt Mr. Lombardi shared the following updates: • The Pool Forum will be held in Town Hall rooms A & B and will be available via zoom. • The Special Election for the High School Renovation Project is tomorrow, in person voting is at Brewster Baptist Church from 11am until 7pm. Technically this is two elections, the school district Select Board 1.09.2023' www.brewster-ma.gov Page 1 of 7 t Doc ID: 16f39c3bc2a2cOba11921212eb14dbOaa58ece2b Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phones (508) 896-3701 www.brewster-ma.gov Office of: Select Board Town Manager election for the additional $381VI in funding and the town election to exclude Brewster's share of the debt. Assuming a 25 -year term, approximately $4.25M a year if the project were to be approved. Mail in ballotsmust be received by the close of election tomorrow. • In becoming a;,Green Community, Town Meeting adopted the Stretch Code, a higher threshold of energy efficiency standards for our building codes. The State has recently adopted several changes to the code. Thd Department of Energy Resources has been working with town staff, our Building Commissioner and Energy Manger to communicate the effect of these changes on local code enforcement. • The Select Board and Town Manager will be hosting regular office hours starting in February on Tuesdays, residents can sign up in advance to meet in person, via telephone or zoom. An update will be posted on the town website. • Thank you to former Representative Tim Whalen for his service to the town and Sarah Peake, who each served a ortion of the Town. Welcomed Chris Flanagan and looks forward to working with him. Mr. Lombardi acknowledge the great service that Tim and Sarah provided to the Town. Consent Agenda a. Meeting Minutes: December 19, 2022 b. Acceptance of Gift: Golf Department c. Items to be Declared Surplus for Sale, Transfer, or Disposal: Golf Department & DPW d. One Day Liquor License Application: Maplewood at Brewster e. Notice of Own',er's Intent to Sell Affordable Dwelling at 14 Yankee Drive, Unit 4; Town's Election to Vote to Locate and Eligible Purchaser for the Dwelling f. Recycling Center Fee Waiver Request: 212 Yankee Drive Clean-up g. Appointment: Bay Property Planning Committee Liaison, Jan Crocker i Selectperson Hoff moved to approve the Consent Agenda for January 9, 2023. S Selectperson electperson Bingham second. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Chatelain- yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. Senior Shellfish Permit Holde The Department of Natural Resources developed a series of recommendations for the Board to consider, one ting lifetime shellfish permits key decision point forf;the Select Board was whether to grandfather exis. Based on the feedback received since the last Select Board Meeting, this is up for reconsideration. The challenge is that we don't have th'e best data in terms the number of residents who hold these permits from previous years. One suggestion is to gather the data over 2023, this would require a renewal process. Selectperson Hoffmar+n moved to reconsider the lifetime permit holders for residents and MA Veterans 70 years and older, grandfather them for 2023, until December 31, 2023. With the condition that any current permit holder would Have to renew their permit at no charge for 2023. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Chatelain- yes, Chair Whitney -yes, The Board vote was 5 -Yes, 0 -No, Select Board 1.09.2023' www.brewster-ma.gov Pa gge 2 of 7 Doc ID: 16f39c3bc2a2cOba11921212e�b14db0aa58ece2b o��Q\\\\\`8� � w s rt�`/o,,�/ o Q �v�'E4oeri`'«,,,. ,f pF Bq�',§, � :, y�v z�7+ .; 1} � 4.<� .J�� 'b Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone; (508) 896-3701 www.brewster-ma.gov Office of: Select Board Town Manager 2022/2023 CDBG Grant Application Selectperson Hoffmann moved to open the public hearing and read the notice. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Hoffmann -yes, Selectperson Chatelain-yes, Selectperson Bingham- yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. Jill Scalise shared thafi Brewster is the lead community and it has been encouraging to see the impact of these funds making a;'difference in people's lives and the community. Cassie Boyd Marsh provided an update on the services that have been provided to the community over the past two years, which includes 27 total homes in the`three Towns that were rehabilitated and 25 children that have been assisted. In the FY21 grant which is up and running, there are 9 homes underway. About 45% of the funds have been allocated and about 60% of the funds are allocated to the childcare program. This will run through the end of 2023. Ms. Boyd Marsh added that roughly 40% of available funds go to Brewster residents on a first come first serve program. � Ms. Boyd Marsh noted that the town has an opportunity to apply for additional funds, this year we can apply for $1.7M and have ah additional six months to spend the funds. This program will serve up to 26 households with a 0% interest deferred payment forgivable loan, additionally the childcare subsidy program would provide up to $7K per eligible child. The two programs are well regarded by residents and have a long waitlist. Ms. Kalinick noted that not only are we helping residence, but we are putting money into the local economy as work is cpmpleted by local contractors and childcare providers are in Brewster and surrounding towns. Selectperson Hoffmann moved to close the public hearing. Selectperson Bingham second. A roll call vote was taken. Selectper�bn Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Chatelain-yes, Selectperson Bingham- yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. Selectperson Hoffmann moved to submit an FY22/23 Community Development Block Grant for housing rehabilitation and childcare subsidies and to authorize the Town Administrator or designee to sign the grant application and associated forms. Selectperson Chaffee second. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Chatelain-yes, Selectperson Chaffee- yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. .� _ _ _. _. ... w._-ww_....._ n...,....17.... resentation o l■ Commission Chair Meg Morris shared a �'owerPoint presentation on the "Problem of Nip Bottles in Roadside Trash: Policy Options for the Town'�of Brewster to Consider." Key points of the presentation included: Ahnut Nins: o single -use, miniature alcoholic spirits bottles/containers. Usually plastic and less tnan luu millilit � rs ,� Select Board 1.09.2023, www.brewster-ma.gov Pa e 3 of 7 Doc ID: 16f39c3bc2a2cOba11921212e�14db0aa58ece2b I; �vv00EuWurilupia� O.+pQ Oq�++9 e f4 �a o> v a jY 4 'Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone; (508) 896-3701 www,brewster-ma.gov OfFice Of: Select Board Town Manager o Popular as they offer quick infusion of alcohol, used to drink illegally while driving and can easily be discarded from vehicle. • Problems Related to Nips' Use o Litter from discarded nips; a "littering epidemic" o Not recyclable and become solid waste o Public health/safety issue • Beautify Brew, ter Nip Bottle Data o 2019 roughly 1,000 nips o 2020 no event due to Covid o 2021 3;376 nips collected (2 years' worth) o 20222, 767 nips collected • Reviewed Action to Ban Nips in other Mass. Municipalities and the policy options (Licensing Authority Action and Town Meeting Bylaw) • Recycling Commission Recommendation is to propose 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 Select Board sup�orts the Recycling Commission proposing language for an article for Spring Town Meeting and suggests;that a public hearing be scheduled for February 13 at the Select Board meeting. Town Administration officeWll communicate with current license holders and public health departments. Discuss and Vote on Request from Eric Steltzer Regarding Transfer Station Permit Ms. Kalinick reviewed1he status of the property in question, according to our Assessor's data base, 135 Old Valley Road is currently owned by Nancy Emerson in a Life Estate, Upon Ms. Emerson's passing the property will then be owned by a Trust in which Mr. Steltzer is the Trustee. The permit rules and regulations for the past few years have n'ot been changed, which states that trustees of Life Estates or remainder interests are not eligible for resident permits. Ms. Kalinick reviewed permit options available for non-residents, adding that it is not recommended to change the rules, particularly so with the opening of First Light Beach. The Town has been especially careful of the issuance of resident permits. z Mr. Steltzer noted that it is important for the Board to consider the number of different structures that an individual can choose''in setting up the ownership of their home. In his case, his mother started the Trust and sold the property, and the house is owned in a Trust. There is also a Life Estate on the property, in which Nancy Emerson holds`the right to live in the house. Since 2019 choose not to live in the house, all management of the house has been handled by Mr. Steltzer, including paying the taxes and bills. There was discussion on potential changes to the current rules and regulations to allow life estates, trusts, trustees, and beneficiaries eligibility to purchase resident permits. This is complex and would add a burden to complete for the u coming season. It was suggested that Town Administration review to see if there is a simple fix to perhaps offer some rights to a narrowly defined group. i Select Board 1.09.2023 www.brewster-ma.gov 214baDoc ID: 16f39c3bc2a2cOba1192121ebdOa58ece2b e �aauunmoiui,��ai t �� iiii _L_ °' �wsr""" 'Town of Brewster Office of : �O�t1,of'UEryiie�i�9% Select Board ^'o' 2198 Main Street Town Manager a tE Brewster, MA 02631-1898 o Phone: (508) 896-3701 www.brewster-ma.gov Selectperson Hoffmann moved to approve a waiver for Eric Steltzer for a transfer station permit. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann -no, Selectperson Bingham - no, Selectperson Chaffee -no, Selectperson Chatelain- no, Chair Whitney -no, The Board vote was 0 -Yes, 5 -No. a ' Mr, Lombardi noted the work of the Charter Advisory Committee that was tasked with developing a draft Charter that was approved at Town Meeting in May 2021.. The Charter will supersede State Law, Town Bylaws and helps layout the form of our government. The Charter required a special act which needed approval of the State Legislature, generally this Charter retains our current form of Government, including open Town Meeting, Select Board and defines more clearly the power, and responsibilities and relationships of our elected and appointed Town Boards and staff. The Charter is intended to resolve any lingering conflicts or ambiguities between Town Bylaws and State laws. Mr. Lombardi stated that this is an important document for the Town that will serve us well for many years to come. Mr. Lombardi noted some near-term impacts, one is the change of terms of office for the Constable and Town Moderator, which will go from 1 to 3 -year terms. The Planning Board member terms will go from 5 year to 4 year terms, these changes will take effect next local election. In Town Hall, the Town Administrator has been changed to Town Manager, which is intended to reflect additional operational and administrative duties. The town willhbe working with Town Counsel to develop articles that will address any remaining conflicts between they Charter and Town Bylaws, Mr. Lombardi confirmed that currently the Town Charter will take precedence. Mr. Lombardi shared :that there will be a public forum on Wing Island on Thursday January 26, 2023 from 6pm to Bpm. The forum will be in Rooms A & B at Town Hall and accessible via zoom. The forum will start with a presentation by the Select Board and Town staff that will include information that has been talked about earlier this fall,`'the carrying capacity analysis and costs estimates. There will be a broad look at options for future access to tEIe Island. The forum will discuss the Board's interest and support for a Conservation Restriction on the Island. After the presentation, residents will have the opportunity to comment and ask questions. Residentswill also have an opportunity to provide written comment and feedback, allowing the Board sufficient time to review and craft a warrant article to bring to May Town Meeting, Select Board members shared their goals for the forum, to provide factual information so Brewster voters can make well informed decisions and a look at the issue of access to Wing Island, Mr. Lombardi clarified that no further design work has been' completed, the focus has been on the carrying capacity analysis and ecological considerations'as well as developing construction costs estimates. The Select Board approved a gift agreement with the Brewster Conservation I -rust otic: i � in summer of 2021, specifically aimed to transfer $1M in funds for construction costs associated with a potential new elevated boardwalk. Mr. Lombardi noted that at the time the intent of structuring the gift agreement the way it was with BCT as opposed to the donor was to maintain their anonymity. In talking to the donors recently, they Select Board 1.09.2023' www.brewster-ma.gov Pa e 5 of 7 r Doc ID: 16f39c3bc2a2cOba11921212e�14db0aa58ece2b i i \\��,a�e��enuiur°rrur�uiiuii REws �,,,�� , office of: F� Town of Brewster Select Board \ ��(''�" lKV ryXR 14 J lei -Rz of 2198 Main Street Town Manager 3 a n Brewster, MA 02631-1898 o ,_ a�,� Phone: (508) 896-3701 www,brewster-ma.gov III 11MOV100p°°°� r. are aware of some of!the community discourse and concerns raised and don't want their anonymity to be a distraction, The donors are supportive of the Town sharing their identity so residents knew who they were and what their overall goal and perspective is, the donors are Leonard and Pamela Schaffer, long time major donors to BCT. The Schaffer's are generous supporters of other local conservation organizations, Mr. Lombardi noted that fhe Schaffer's were not initially and have continued to not be interested in dictating any of the particulars of the proposed project. Adding that the gift agreement is non-binding. Relative to the Consef'vation Restriction (CR), the gift agreement stipulates that the Brewster Conservation Trust would hold the CR. The Schaffer's are open to having another responsible party holding the CR if that what makes sense for;everyone involved. Mr. Lombardi shared since the property is already owned by the Town, the Conservation Commission would not be able to hold the CR, there needs to be a third party for the restriction to be enforceable. Mr. Lombardi review d the Town Meeting timeline that was included in the packet. Adding that the priority deadline for warrant articles is February 15, 2023, All recommendations by the Select Board and Finance Committee are due the first week of April. Selectperson Hoffmann moved to open the Spring Annual Town Meeting warrant for 2023. Selectperson Bingham second, A roll call vote was taken, Selectperson Chaffee -yes, Selectperson Chatelain-yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Whitney -no. The Board vote was 5 -Yes, 0 -No, r Discuss Potential Changes to Warrant Distribution to Residents & Town Meeting Date Mr. Lombardi shared that the company that the Town has used to publish our warrants and include them in the Cape Codder has increased their publishing costs and advised that they won't distribute the papers with the warrant to Brews er residents, Following some research, the recommendation is to use the same vendor that publishes our annual town report and print about 1,200 to 1,300 hard copies of the warrant, Warrants would be available in town offices, local businesses, at Town Meeting and on the Town website. There was discussion on moving the Annual Town Meeting from Monday May 1, 2023 to Saturday May 6, 2023, Members of th4 Select Board shared their thoughts about the date of Town Meeting, The consensus of the Board is to holq Annual Town Meeting on Monday May 11 2023 at 6pm. i FYIs Selectperson Chatelain inquired about aide for the increasing electric rates by Eversource. Mr. Lombardi noted that information was shared on the website a few weeks ago for the anticipated price increases. This included energy efficiency programs offered. rvone t Select Board 1.09.2023 `i www.brewster-ma.gov Pa e 6 of 7 Doc ID: 16f39c3bc2a2cOba11921212e�14db0aa58ece2b ��////l�/�lllilllllilUjt11111A0��«� i j Questions from the Media None , Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www,brewster-ma.gov Office of: Select Board Town Manager Next Meetings January 11 (Joint with'the Finance Committee re. 5 Year Capital Improvement Plan), January 23, January 26, February 6, February $, February 10, February 13, February 27, March 6, and March 20 2023 Adiournment Selectperson Hoffmann moved to adjourn at 8:06pm, Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Chatelain-yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Whitney -yes, The Board vote was 5 -Yes, 0 -No. Respectfully submitted by Erika Mawn, Executive Assistant Approved: 01 / 23 / 2023 Signed: Date " Selectperson Hoffmann, Clerk of the Select Board Accompanying Documents !p Packet: Agenda, TA documents, Consent agenda items, 2022/2023 CDBG Grant application documents, presentation on proposed prohibition on sale of nips, Transfer permit information, shellfish permit documents, Town Charter approval, Wing Island public forum memo, Wing Island boardwalk gift agreement, 2023 Town Meeting timeline, Warrant distribution and Town Meeting date memo, His. f f i Select Board 1,09,2023 i www.brewster-ma.gov Page 7 of 7 Doc ID: 16f39c3bc2a2cOba11921212e 14db0aa58ece2b