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Home My Public Portal AboutSelect Board -- 2023-02-13 Minutes\\,v�� ,,. �� •, ilii//// Town .O Brewst1er Office of: off fff E�F9% " Select Board 2198 Main Street Town Manager 3 U p a = Brewster, MA 02631-1898 o Phone: (508) 896-3701 - r !ii i www.brewster-ma.gov - MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION DATE: February 13, 2023 TIME: 6:00 PM PLACE: Remote Participation REMOTE PARTICIPANTS: Chair Whitney, Selectperson Chatelain, Selectperson Bingham, Selectperson Chaffee, Selectperson Hoffmann, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick, Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Whitney_ called_ the meeting to order at 6 00pm, declared a quorum by stating_that all members of the Select Board are present via zoom and read the meeting participation and recording statements. Public Announcements and Comment Glenn Casey, 288 Fletcher Lane, expressed his feelings on the affordable housing plan on Millstone Road. He believes the project is becoming untenable and is going to collapse economically on itself. 11 rm Select Board Announcements and Liaison Reports None -: Town Manager's Report Mr. Lombardi provided the following information: - - - • The State Attorney General's Office formally approved two Town bylaws that were approved at Special Town Meeting in November. o Amending the current Community Preservation Committee (CPC) bylaw, changing the funding formula to match the State statute. Including a provision for our CPC new target allocation policy and their 5 -Year Community Preservation Plan. o Approved the creation of the new Revolving account for the community pool. • The Department of Environmental Protection has issued draft changes to existing Title 5 Regulations and new Watershed Permit Regulations, the public comment period ended last month. The Town's new Water Resources Task Force developed a formal comment letter on behalf of the Brewster that reflects the collective feedback and concern about the draft regulations. The task force is hopeful that the State will be responsive to all feedback. Regardless of where the regulations land, it is important that there is funding provided by the State to assist with implementation. Absent any funding, Mr. Lombardi noted it will be incredibly difficult to come in compliance with the new regulations. Consent Agenda a. Meeting Minutes: February 6, 2023 b. Re -Sign Conservation Restriction for 0 Red Top Road c. Application for Facility Use: Crosby Beach Wedding and Brewster Recreation Department, Crosby Beach Yoga Select Board 2.13.2023 www.brewster-ma.gov Page 1 of 6 Doc ID: 99d6b05b4bbb6b42a3fb7458Z�a3b81cOd372bbb7 a�9 T G 0Ail //��//%// FFB HPe P� Og \\Q\\\\\\ 'T'ora of Brewster t 2198 MainStreet Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewsterwma.gov office of: A..':. select Board ` Town Manager d. Items to be Declared Surplus for Sale, Transfer, or Disposal: Recreation Department and Department of Public Works e. Application for Facility Use: Long Pond Landing - - - Selectperson Hoffmann moved to approve the Consent Agenda of -February 13, 2023. Selectperson Chaffee- - - - second. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Hoffmann -yes, Selectperson Chatelain- yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. 6:15PM Public Hearing: Proposed Warrant Article Seeking to Ban Sale of Nips Mr. Lombardi provided an overview of the proposed warrant article. The _Recycling _Commission has been discussing the negative impacts of the single use small plastic containers (nips) and their disposal for several years. The hearing was scheduled to get direct feedback from the community, including the direct business owners that will be impacted. Meg Morris, Recycling Commission Chair, noted that the nips came. to the Commissions attention when they -- - - found -out -that -nips -are not -recyclable -The Beautify -Brewster -Clean up events -capture -a good -amount of--- ------ - - data on the amount of litter in Town, a high number of nips are collected. The Commission reviewed other -towns in Massachusetts that have banned the sale of nips, noting the reduction in little after the ban. Selectperson Hoffmann moved to open the public hearing at 6:18n and read the legal notice. Selectperson Bingham second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Chaffee -yes, Selectperson Hoffmann -yes, Selectperson Bingham- yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. Members of the public had the opportunity to express their thoughts, comments and concerns: Nancy Ortiz participates in Beautify Brewster and shared her experience with collecting discarded nips. Hopes to be able to pass this article. Sam LaFlamme, spoke on behalf of Luke's Liquor in Brewster, stated that the subject of banning nips is being proposed as a preventative measure to curtail littering. Ms. LaFlamme offered thoughts about this approach and doesn't believe the ban of nips is the solution to littering. Adding that there is a point to be made for the loss of revenue for business that sell nips. If banned, consumers may move on to purchase larger bottles and continue to litter. Ms. LaFlamme shared that human behavior around littering is the issue and doesn't just stop at nips. Requested to consider alternative approaches to litter prevention, noting that the idea is to have an actionable effect on all littering. Saumil Patel, owner of Brewster Farms, shared that after discussing the issue with other liquor license holders in Brewster, they have obtained signatures of customers who are not in full agreement of the ban. This ban would put a dent in their revenue, would like to help in solving the littering problem. Adding that banning the nips will force stores to raise the prices on other products. Mr. Patel suggested that the Board work with licensed holders, customers, and residents to find the best solution for everyone. Select Board 2.13.2023 www.brewster-ma.gov Page 2 of 6 Doc ID: 99d6b05b4bbb6b42a3fb7458a3b81cOd372bbb7 Office of:To n oW�t Select Board 2198 Main Street Town Manager a " Brewster, MA 02631-1898 Phone: (508) 896-3701 www,brewster-ma.gov - Police Chief Eldredge reviewed the memo that is provided in the packet and his perspective as a public safety officer and someone who has participated in Beautify Brewster. Nirmal Acharya, Winslow Spirits & Things, noted that a lot of their revenue involves the _sale _of nips. Would -- like to work with the Town to find a solution to help with the discarding of nips.- - -- - - - - - - - Vishal Shukla, Brewster Wines &Spirits, requested that the Town and business owners work together to solve the problem. Chief Eldredge referenced an article from Commonwealth Magazine that addressed some communities that _ have previously banned nips. Mr. Lombardi provided a review of the memos received from the Department of Public Works Director and the Fire Department Chief (both are included in the packet). Selectperson Hoffmann moved to close the public hearing. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Bingham--yes;-Chair-Whitney-yes. The Board vote was -5-Yes,-O-No- ---- - -- - - --- --- ----- -Vote to Terminate Gift Agreement with.Brewster Conservation Trust for Proposed Wing Island Boardwalk ----------Mr.. Lombardi-reviewed-the-gift-agreementthat-th-e Board entered -in August 2021 with -the Brewster --- Conservation Trust. As the community continued to discuss the project and voiced their concerns, the Schatter 's indicated their interest in terminating their $1M pledge for construction of the Boardwalk atthis time. The Schaffers are open to having further dialogue if there is consensus in the community around changing access to Wing Island. The Brewster Conservation Trust Board has voted to terminate their agreement with the Schaffers and the Town. Selectperson Hoffmann moved to terminate the gift agreement with Brewster Conservation Trust for the proposed Wing Island Boardwalk. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Bingham= yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No Presentation on March 6 Special Town Meeting Warrant Articles- Jillian Douglass, Friends of Wing Island Jillian Douglass joined the meeting as a representative of the Friends of Wing Island (FOWI) and noted that an interim management committee has been formed. Ms. Douglass stated that Friends of Wing Island as a group does not wish to say they represent all the people in the Town. Ms. Douglass thanked the Town for all their efforts in being transparent and keeping citizens informed, adding that transparency is only a part of the equation, another piece of democracy is community engagement. Those who are opposed to the project don't feel that this is a priority project for the Town and there is no need to proceed. Ms. Douglass shared the intent of the three articles to be presented at the March 6 Special Town Meeting: • Article 1; stopping funding for all the Town's activities in relation to the project. o Intent is to stop further progress on a project that has not gained full consensus of the Town. Select Board 2.13.2023 www,brewster-ma.gov Page 3 of 6 Doc ID: 99d6bO5b4bbb6b42a3fb74588a3b8lcOd372bbb7 \\\\1�0 p E W o ��/ 'T'or� of,Brewster: 2198 Main Street - 3 Na a= Brewster, MA 026314898 ti Phone: (508) 896-3701 —� www.brewster-ma.gov „ Office of. Select Board Town Manager • Article 2; to transfer control of Wing Island to the Conservation Commission as opposed to the Select Board. o Ms. Douglass shared that this is a trust issue with the Friends of Wing Island, Wing Island is nota full -on recreation site, would like restricted access to the property. Wing Island is a lush - - habitat that should be a protected -natural resource to allow people to learn and study about natural resources. For this reason, FOWI feels that the Conservation Commission would be a more appropriate entity to control the property and to further explore the management of the property. The intent of the article is to gage the voting publics input on whether they feel this is a good idea or not. FOWI did not want to suggest what a Conservation Restriction (CR) wo_uld_be on Wing Island. They a -seeking to have the Town review what the purposes are --- -- -- ---- - _ that the property should be preserved and protected for. Ms. Douglass expressed that if the Town seeks a CR, that FOWI hopes it would be a public process. • Article 3; Rescind the Drummer Boy Master Plan from November. of 2021 Special Town Meeting. The reason is that the Friends of Wing Island feel it was premature and the Town has taken the - - - — ---acceptance of the -plan -as -public -mandate: FOWI doesn't -believe the -adoption of the -plan -was - -- - -- intended to start the process, but to only to show the plan was in place. Expected there to be much further discourse before embarking on a capital plan of this magnitude. There was discussion on a Conservation Restriction on Wing Island, if a Conservation Restriction is brought to May Town Meeting it would be to achieve a mutually desirable goal through a public process. Mr. Lombardi shared that specific to Article 2, Town Counsel has indicated that this article as drafted is generally advisory to the Board if approved by Town Meeting in terms of the resident's interest in transferring the care, custody and control of Wing Island to the Conservation Commission for the purposes outlined in the article. This is because Wing Island is Article 97 protected land. The transfer or changes in use and Conservation Restriction all require the Home Rule Petition and Special Legislation that requires two- thirds Town Meeting vote and then two-thirds State Legislature vote. Mr. Lombardi noted it may take time at the State level, providing the Town the opportunity to identify consensus details of the Conservation Restriction, the ecological baseline assessment, management plan and including the long-time uses of the museum for education purposes. Adding that the details of the Conservation Restriction could be structured such that it could be presented at a future Town Meeting for approval. Ms. Douglass noted that Friends of Wing Island through consultation doesn't believe that there is Article 97 protection of Wing Island. Ms. Douglass expressed the support of the process to bring further protection and is encouraged with the direction the Town is heading. Selectperson Hoffmann state that she believes we all agree that there is a need to preserve our valuable lands and waterways, to preserve and protect Wing Island and preserve and protect Quivett Marsh. Select Board 2.13.2023 www.brewster-ma.gov Page 4 of 6 Doc ID: 99d6b05b4bbb6b42a3fb7458ga3b8lcOd372bbb7 yi _ n .o :, rewster Office of: Select BOaCd 2 A 2198 Main Street Town Manager 3 p a = Brewster, MA 02631-1898 - o Phone: (508) 896-3701 ,m www.brewster-ma.gov Discuss and Vote on Special Town Meeting Warrant Articles Both Select Board and Finance Committee vote on all warrant articles, recommendations will be placed in the warrant book. Selectperson Hoffmann moved to approve Article 1 to Town Meeting, Selectperson Bingham second. A roll - — call vote was taken. Selectperson Chatelain-no, Selectperson Hoffmann -no, Selectperson Chaffee -no, Selectperson Bingham- yes, Chair Whitney -no. The Board vote was 1 -Yes, 4 -No Selectperson Hoffmann moved to approve Article 2 to Town Meeting. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chatelain_no,_ Selectperson Hoffmann -no, Selectperson Chaffee -no,___________ Selectperson Bingham- yes, Chair Whitney -no. The Board vote was 1 -Yes, 4 -No Selectperson Hoffmann moved to approve Article 3 to Town Meeting. Selectperson Bingham second. A roll call vote was taken. Selectperson Chatelain-no, Selectperson Hoffmann -no, Selectperson Chaffee -no, Selectperson Bingham- no, Chair Whitney -no. The Board vote was 0 -Yes, 5 -No Vote to Close and Post March 6 Special Town Meeting Warrant Selectperson Hoffmann moved to close and post the March 6 Special Town Meeting warrant. Selectperson ------Bingham-second.. A roll-caIIvote-was-taken.-Selectperson-Chatelain=yes- Selectperson- Hoffmann=yes, — —-------- Selectperson Chaffee -yes, Selectperson Bingham- yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. Ms. I<alinick stated that when the Town receives a Citizen's Petition it is required to hold a Town Meeting that has at least 200 signatures within 45 days, March 6 was the only option to meet the 45 days. According to State Law, one must be in person at Town Meeting to cast a vote and must be registered to vote in the Town of Brewster. The last day to register to vote is February 24, 2023. FYIs Mr. Lombardi pointed out the letter from several citizens about potentially hosting future Town Meetings on Saturdays, representatives have been invited to speak at the February 27,2023 Select Board meeting. Mr. Lombardi acknowledged two members of our Vision Planning Committee who recently submitted their resignations and thank them for their service, Fran Schofield and Hal Minis. Mr. Lombardi congratulated Assistant Town Manager, Donna Kalinick on her re -certification as a Massachusetts Certified Purchasing Officer. Matters Not Reasonably Anticipated by the Chair None Questions from the Media None Select Board 2.13.2023 www.brewster-ma.gov Page 5 of 6 Doc ID: 99d6b05b4bbb6b42a3fb7458 a3b81cOd372bbb7 ��,.. 2 =" =o r -= :y ��i�i - OfiflCe Of: ��°��iSt�� . �� 1' �, ;. � _ � �_ , '� �%. � _ Select Board -2198 -Main Street Town Manager o a = Brewster, MA 02631-1898 v,\ Phone: (508) 896-3701 � ;�.� www.brewster-ma.gov Next Meetings February 27, March 6 (Special Town Meeting), March 13, and March 20, 2023 - _ Adjournment - _ - __ Selectperson Chaffee moved to adjourn at 7:32pm. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Chaffee -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. _______ Respectfully__submitted_b_y Erika Mawn,____________ ___ __ Executive Assistant Approved: 02 / 27 / 2023 Date Signed: Selectperson Hoffmann, Clerk of the Select Board Accompanying Documents in Packet. Agenda, Town Manager Report, Consent Agenda, Public Hearing documents, Gift Agreement with BCT, March 6 STM Warrant Articles, FYIs. Select Board 2.13.2023 www.brewster-ma.gov Pa e 6 of 6 Doc ID: 99d6b05b4bbb6b42a3fb7458�a3b81cOd372bbb7