HomeMy Public PortalAboutSelect Board -- 2022-12-19 MinutesW
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DATE. December 19, 2022
riME. 5415 Pm
PLACEo Remote Participation
Office OTI
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elect Board
Administrator
IEMOTE PARTICIPANTS* Chair Whitney, Selectiperson Chatelain, Selectperson Bingham, Selectperson
:haffee, Selectperson Hoffmann, Town Administrator Peter Lombardi, Assistant Town Administrator Donna
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1 erip , Erika Mawn, Jay Packet, Anne O'Connell, Chris Miller, Ryan Burch
I,alinick, Sue Brod 1 1
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement
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Chair Whitney called the meeting to order at 5ol5pm, declared a quorum by stating that all members of the
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3elect Board are present and read the meeting participation and recording statements,
var"tMiz qaccinn
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Review & Vote on Executive Session Minutes
To discuss stra'tegy 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� SElU Local 888
(DPW/Water/,Golf & Library), OPEIU Local 6, 1AFF 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 Per' I sonnel Bylaw
eleCtDerson Hoff ann moved to enter executive session, Selectperson Bingham second. A roll call vote was
aken. Selectperson Blngham�yes, Selectperson Chaffee�yes, Selectiperson Chatelaln�yes, Selectperson
Hoffmann. yes', ChairNhltney�yes. The Board vote was 5wYes, OwNo.
Fhe Select Board retu rned to open session at 6vOOpm
lublic Announceme ts and Commeft None
electperson Hoffma n noted that students shared music from the World Languages program at the most
iew World Languages program proficiency standards and to create a model unit for the schools.
own Administ,rator% Report
Or. Lombardi sharedibn update on the following topicss
State Department of Environmental Protection (DEP)
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o The pd, lic 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,
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Select Board
2198Main Street
reeTown Administrator
Brewster, MA 02631-1898
Phone: (508) 896-3701
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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 is uing a formal public
comment that incorporates our collective questions, concerns, and con$ensus 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 Aeenda �
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 S=Yes, 0 -No.
Debrief on Fall 2022 Special Town Meeting
and Discuss Potential Next Stens 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 Page
Select Board 12.19.2022 www.brewster-ma.gov Doc ID: a33038a47844884ec1428a2aEb8b319f92225076
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Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
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 hadagreed to hold a second public forum regarding the boardwalk and pledged to bring an
article to Town Meetijg 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 141story. 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 nee 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 currFent 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 vekicular 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
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in developing Conservation Restrictions previously. There will be a more formal discussion and vote at the
next Select Board meeting.
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Discuss and Potential Vote on Chane to Board/Committee Meeting Format
Mr. Lombardi noted that Town Administration has been receiving an increase in requgsts 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: �s
• A majority of committee members must be in person
• Chair must be in person to Chair the meeting
• Chair is respon"sible to make sure committee members are present and the po�.icy 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 bean 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. �ombardi 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 y�nd 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. '
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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 hasrequested an annual
liquor license. Some members shared that they are not comfortable approving a liquor license for an entity
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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 hearjng would need to be scheduled. Albert DeNapoli, an attorney representing the Kitchen
Cafe 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 rgll 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.
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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.
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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 the.'re 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.
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Discuss and Vote to Renew Annual Common Victualler Licenses- Apt Cape Cod, Island Blue Crab Food &
Spirits, and the Kitchen Cafe
Ms. Mawn stated that there are no outstanding violations for the Kitchen Cafe.
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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 BIUe 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::\IVhitney-yes. The Board vote was 5 -Yes, 0 -No.
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Selectperson Hoffmann moved to approve the renewal of the Annual Common Victua1:Iler 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, 2-1\1o.
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 23medium 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 theJanuary 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, hair Whitney -yes. The
Board vote was 5 -Yes, 0 -No.
Discuss and Vote Recommendation on Additional Funding for Nauset Reeional Hiehhool Proiect
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 $C7+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, wf7at 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
Jeep 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.
S
Selectperson Chaffee moved to recommend a yes vote at the polls for the debt exclusion. Selectperson
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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 vould 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.
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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 Hoffmarin 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 Boat~d vote was 0 -Yes, 5-1\lo. '
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
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Doc ID: a33038a47844884ec1428a2a6b6b319f92225076
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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 thatWth 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.
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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 votes was taken.
Selectperson Chaffee -yes, Selectperson Chatelain-yes, Selectperson Bingham -yes, Selectperson Hoffmann -
yes, Chair Whitney -yes. The Board vote was 511,,Yes, 0 -No.
Discuss and Vote on Pr000sed 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 thelifetime senior permits
and the best way to track these types of permits and how often they are being used. IMs. 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.
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Office of:
Select Board
Town Administrator
Statue Update on FY21 Brewster Regional Community Development Block Grant (CDBG) and Discuss
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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 T his 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% 1) the childcare voucher program with applications pending. This is a regional grant
with the Towns of Welifleet, 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
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 dihaffee-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
\pproved- 01 / 09 / 2,023 Signed:
Date Selectperson Hoffmann, Clerk of the Select Board
Accompanying Documents jn 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, His
Select Board 12.19.2022 www.brewster-ma.gov Pa e 9 of 9
Doc ID: a33038a47844884ec1428a2aob6b319192225076
Title
File name
Document ID
Audit trail date format
Status
�.�ocument History
01 / 10 / 2023
SENT 14:05:21 UTC
01 % 10 / 2023
vIEwED 15:16:51 UTC
01 /10/2023
sicNED 15:17:18 UTC
COMPLETED
01 / 10 / 2023
15:17:18 UTC
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Powerod by � Dropbox:3i�;n
Approved Regular Session Minutes- 12. 19.22
SB 12.19.22.doc
a 33038a47844884ec1428a2a6b6b319f92225076
MM / DD / YYYY
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Signed r,
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Sent for signature to Kari Hoffmann
(khoffmann@brewster-ma.gov) from emawn@brewster-ma.gov
IP: 131.109.131.20
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