HomeMy Public PortalAboutSelect Board -- 2023-02-27 MinutesB�gOM\\�\\\\\\\\
Town of Brewster
MINUTES OF THE SELECT BOARD MEETING
DATE. February 27, 2023
TIME: 5:30 PM
PLACE: Remote Participation
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
Office of:
Select Board
Town Manager
REGULAR SESSION
REMOTE PARTICIPANTS: Chair Whitney, Selectperson Bingham, Selectperson Chaffee, Selectperson
Hoffmann, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick, Finance Committee
Members: Pete Dahl, Andrew Evans, Alex Hopper, Honey Pivirotto, Robert Tobias, and William Meehan, Eric
Orcutt, Amanda Bebrin, Human Resources Director, Susan Broderick
ABSENT: Selectperson Chatelain
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 via zoom and read the meeting participation and recording statements.
Executive Session
• To discuss strategy with respect to litigation, as an open meeting may have a detrimental effect on
the litigating position of the public body and the chair so declares: Federal Multidistrict Litigation vs.
-CVS; Walgreens, Walmart, Teva, -and Allergan-
• Review &Vote on Executive Session Minutes
Selectperson Hoffmann moved to enter executive session. Selectperson Bingham second. A roll call vote was
taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Chair Whitney -yes.
The Board vote was 4 -Yes, 0 -No.
The Board returned to regular session at bpm.
ConsentA�enda
a. Meeting Minutes: February 8, February 9, February 10, and February 13, 2023
b. Appointments: Pond Property Planning Committee- Tim Hackert, Brewster Affordable Housing Trust,
voting member and Suzanne Kenney, Vision Planning Committee liaison
c. Intermunicipal Agreement with Falmouth to Purchase Oyster Seed
d. Department of Public Works Request for Fee Waiver
e. One Day Liquor License Application; Brewster Sportsman's Club
f. Pass Through Town Permission; Second Summer Cycle, LLC/ Cape Cod Chamber of Commerce
Selectperson Hoffmann moved to approve the Consent Agenda of February 27, 2023. Selectperson Chaffee
second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson
Hoffmann -yes, Chair Whitney -yes. The Board vote was 4 -Yes, 0 -No.
Public Announcements and Comment: None
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REGULAR SESSION
REMOTE PARTICIPANTS: Chair Whitney, Selectperson Bingham, Selectperson Chaffee, Selectperson
Hoffmann, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick, Finance Committee
Members: Pete Dahl, Andrew Evans, Alex Hopper, Honey Pivirotto, Robert Tobias, and William Meehan, Eric
Orcutt, Amanda Bebrin, Human Resources Director, Susan Broderick
ABSENT: Selectperson Chatelain
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 via zoom and read the meeting participation and recording statements.
Executive Session
• To discuss strategy with respect to litigation, as an open meeting may have a detrimental effect on
the litigating position of the public body and the chair so declares: Federal Multidistrict Litigation vs.
-CVS; Walgreens, Walmart, Teva, -and Allergan-
• Review &Vote on Executive Session Minutes
Selectperson Hoffmann moved to enter executive session. Selectperson Bingham second. A roll call vote was
taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Chair Whitney -yes.
The Board vote was 4 -Yes, 0 -No.
The Board returned to regular session at bpm.
ConsentA�enda
a. Meeting Minutes: February 8, February 9, February 10, and February 13, 2023
b. Appointments: Pond Property Planning Committee- Tim Hackert, Brewster Affordable Housing Trust,
voting member and Suzanne Kenney, Vision Planning Committee liaison
c. Intermunicipal Agreement with Falmouth to Purchase Oyster Seed
d. Department of Public Works Request for Fee Waiver
e. One Day Liquor License Application; Brewster Sportsman's Club
f. Pass Through Town Permission; Second Summer Cycle, LLC/ Cape Cod Chamber of Commerce
Selectperson Hoffmann moved to approve the Consent Agenda of February 27, 2023. Selectperson Chaffee
second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson
Hoffmann -yes, Chair Whitney -yes. The Board vote was 4 -Yes, 0 -No.
Public Announcements and Comment: None
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-Office of:.
Select` board
Town Manager
Select Board Announcements and Liaison Reports
Selectperson Chaffee announced that there will be a "Fix -it" Clinic hosted by both the Recycling Commission
and the Brewster Ladies Library on March 11, 2023, from fpm — 4pm at the library. The clinic is open to
residents that have a household item that needs repair, appointments can be made through the Brewster
Ladies Library website. If anyone would like to volunteer their time on the Fix -it team, please reach out to
Recycling Commission Chair, Meg Morris at brewster.recycling@gmail.com.
Town Manager's Report
Mr. Lombardi noted that there is a Special Town Meeting on Monday March 6, 2023, at 6pm (check in starts
at 5pm) at_Stony Brook Elementary School. Warrants are available on the_Town website and in hardcopies_at
several Town Buildings and a handful of local businesses.
Review Annual Liauor License for BANDG, LLC d/b/a Apt Cape Cod and Vote on Request for Prorated
Refund
Ms. Kalinick reviewed that the property owners at 2149 Main Street were granted an 8 -week Annual Liquor
License allowing them the opportunity to complete a sale of the property and transfer the license. The
owner, Art Arnold notified via email to the Town that they will be giving the liquor license up. Mr. Arnold has
requested a prorated refund of the fee for the Annual Liquor License. The amount for the 8 -week period
would -be-$285 and a refund of the balance for the -remainder -of the -year to -be approved by the Select Board-.
The Kitchen Cafe has provided an application to the Town Manager's office for a change of classification.
After the resolution of tonight's agenda item, the Town will move forward with the process for setting a
public hearing for the new license. Danielle Panzica, owner of the Kitchen Cafe, joined the meeting and
expressed her interest in the Annual license.
Selectperson Hoffmann moved to refund the amount of $1,565 for the Liquor License issued to BANDG LLC
d/b/a Apt Cape Cod. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham -yes,
Selectperson Chaffee -yes, Selectperson Hoffmann -yes, Chair Whitney -yes. The Board vote was 4 -Yes, 0 -No.
Vote to Place Article Seekine to Ban the Sale of Nips on Spring 2023 Annual Town Meeting Warrant
Mr. Lombardi reviewed that the Recycling Commission has recommended to bring a bylaw to Town Meeting
to ban the sale of nips. The Select Board held a public hearing giving residents and business owners the
opportunity to provide feedback before deciding whether to place an article on the warrant. Selectperson
Chaffee recommends that we use the suggested wording for the warrant article that was recommended by
Town Counsel with a slight correction.
Selectperson Chaffee moved to use the recommended language and place the article on the warrant.
Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -
yes, Selectperson Hoffmann -yes, Chair Whitney -yes. The Board vote was 4 -Yes, 0 -No.
6:15PM Public Hearing: Annual All Alcoholic Beverages Package Store License Transfer, Pledge of Inventory
andand Pledge of Collateral — KMKB lnc. d/b/a Brewster Village Marketplaceof Collateral — KMKB Inc. d/b/a Brewster Village Marketplace
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-Town of Brewster
2198 Main Street
aJ Brewster, MA 026314898
�\ Phone: (508) 896-3701
www,brewsterwma.gov
- Office of: _
Select Board
Town Manager
Selectperson Hoffmann moved to open the public hearing. Selectperson Chaffee second. A roll call vote was
taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Chair Whitney -yes.
The Board vote was 4 -Yes, 0 -No.
Gregory Demakis who represents the petitioner, Brewster Market and Liquors Inc., who have entered into an
agreement with the seller to purchase the real estate at 1760 Main Street. The sole stockholder is Tapan
Patel, a very experienced operator. The manager of the store will be Raj Patel. Mr. Demakis noted that the
operation and trade name will remain the same. The store will be open 7 days a week from lam until 11pm,
the hours of liquor sales will be 8am until 11pm Monday through Saturday and Sundays from 10am until
Selectperson Hoffmann moved to approve the All -Annual Alcoholic Beverages Package Store License
Transfer, Pledge of Inventory and Pledge of Collateral for KMKB Inc. d/b/a Brewster Village Marketplace with
the change of hours as mentioned. Selectperson Chaffee second. A roll call vote was taken. Selectperson
Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Chair Whitney -yes. The Board vote was
4 -Yes, 0 -No.
Selectperson Hoffmann moved to close the public hearing. Selectperson Bingham second. A roll call vote was
taken. Selectperson Chaffee�yes, Selectperson Bingham=yes, Selectperson Hoffmann -yes, Chair Whitney=yes.
The Board vote was 4 -Yes, 0 -No.
Presentation and Discussion on Proposed FY24 Cape Cod Regional Technical High School Budget- Erin
Orcutt, CCT Finance Director (Joint with Finance Committee)
Finance Committee Chair Pete Dahl called the meeting to order at 6:18pm, declared a quorum by
announcing all Committee members present: Andrew Evans, Alex Hopper, Honey Pivirotto, Robert Tobias,
and William Meehan
Erin Orcutt reviewed the FY24 Operating budget for the Cape Cod Regional Technical High School
presentation, some of the highlights included:
• FY24 Enrollment by Town; up 11 students for a total of 664 students. Brewster has 53 students
enrolled, down 6 from FY23.
• The FY24 Budget has been approved ata 3.86% increase: an increase of $623,000 over the FY23
Budget. The total operating budget is $16,750,000.
• The money comes from; Assessments ($12,491,079), State Aide ($3,593,921) and Local Revenues
($665,000)
• In the review of what the money is used for the largest percentage is teachers' salaries at 34.7% and
second largest is insurance benefits at 11.4%.
• FY24 Capital Debt Assessment is $471,498 and the operating assessment is $992,867 which totals
$114641365.
Members of the Select Board and Finance Committee asked questions regarding the presentation, questions
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1 own Of rewster Office of:
2198 Main Street Select 8oerd
Town Manager
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
included the State's free breakfast and lunch program, mental health services for students, enrollment
comparted to the capacity of the school (building was designed for 650 assuming an 85% capacity figure, Ms.
Orcutt noted the school is comfortable in enrollment and could push another 3545 students) and the Excess
and Deficiency fund. Mr. Lombardi noted that the Town expected between a 2.5-3% increase from Cape Cod
Tech, between the combination of the enrollment decline and the application of the additional State
funding, our assessment from FY23 to FY24 is set to go down a little over 10%. Adding that there is $100K in
savings to the Brewster budget for the Cape Cod Tech assessment for their operating budget for next year.
Update on FY24 Nauset School Budgets &Potential Operating Override(s)- Select Board FY23-24 Strategic
Plan Goal G-1
Mr. Lombardi noted that the Town has been working under the assumption that we could accommodate a
3% increase to both the Nauset District assessments and the Brewster Elementary Schools budget and have
about $75K in excess levy capacity on a $55M budget. There have been several changes to the budgets in
the Towns favor in providing a little bit more capacity, two major drivers are a significant decrease on the
Cape Cod Tech assessment and our net State Aid which resulted in an increase of about $130K in levy
capacity. The Town is now in a position to be able to support a 4% increase in the schools' budget and still
have a little excess levy capacity.
- The Nauset Regional Assessment#or Brewster is currentlyprojected to increase by10.6% the Stony
Brook-
Elementary School is at least 6.5 to 7.2% increase and the Eddy Elementary School is a 7.8% increase. Mr.
Lombardi stated that if these budgets remain constant from where they are today, we are looking at a deficit
of approximately $1.1M. About $3251< is related to the combined elementary school budgets, another $800K
needed to fully fund the Region over the 4% that we can afford above the levy.
Operating overrides would require both majority votes of our local town meeting and at the ballot. In
meeting with Town Managers of district Towns, all four Towns will need to bring forward operating overrides
to fund their share of the Nauset District budget if there are not significant decreases.
Members of the Select Board and the Finance Committee provided their feedback, concerns and comments
on the information provided. Mr. Lombardi noted that Nauset leadership will be attending the March 20
Select Board meeting and the March 29 Finance Committee meeting. Mr. Lombardi also shared what
happens if the override did not pass, noting that the Town is governed by State regulations in terms of
approvals of regional school district budgets.
Finance Committee member Tobias moved to adjourn. Second by member Meehan. A roll call vote was
taken. Member Evans -yes, Member Henchy-yes, Member Hooper -yes, Member Pivirotto-yes, Member
Tobias -yes, Member Meehan -yes, Chair Dahl. The vote was 7-Yes,O-No.
Discuss and Vote to Accept FY22 Audit- Honey Pivirotto, Audit Committee Chair
Ms. Pivirotto shared that the Audit Committee reviewed the listing of grants totaling $878,738. 68 (included
in the packet) for which the compliance report was prepared and approved. The Committee voted to
recommend acceptance and approval of the audit and the compliance report which was permitted for this
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year in lieu of as "s e audit for this period. as Pivirotto reviewed the highlights of the audit, which includes
that the audit was accompanied by a "clean, unqualified opinion" which is the most optimal audit letter the
Town can receive. This indicates the auditor's belief the Town's financial statements fairly present its
financial results, financial position and cash flows. Financials are in good order and reflect a healthy position
for the Town. Assets of the Town exceeded liabilities by $77.36M.
Ms. Pivirotto shared that the Town was determined to be fully compliant with the terms of the grants based
on the auditors review of the requirements of each and every grant. For this year the compliance report by
the auditors will fulfill the Town's reporting obligations.
Selectperson Bingham moved to accept the Audit as presented. Selectperson Hoffmann second. A roll call
vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Chair
Whitney -yes. The Board vote was 4 -Yes, 0 -No.
Discuss and Vote on Recommended Summer 2023 Community Pool Program and Fee Structure- Amanda
Bebrin, Bay Property Planning Committee Chair (Select Board FY23-24 Strategic Plan Goal SC -2) -
Ms. Bebrin noted that the slide deck from the January 17, 2023 public pool forum is included in the packet to
provide information about the facility and the plans to open for the summer. The Bay Property Planning
Committee (BPPC) voted on the following: - - —
• The pool would be from June 26, 2023 through August 15, 2023.
• Hours will be from 8am until 6pm operation, there is intent to open the pool at lam.
• Membership will be for residents only, with 5 membership tiers:
o Individual Senior aged 70+ = $75
o Two -person household of which one must be 70+ _ $125
o Individuals = $100
o Two -person households = $150
o Families = $200
The BPPC voted to support the Recreation Department and Commission in their efforts to provide
programming that consists of lap swim, open swim, swimming lessons, water aerobics and group activities.
The schedule and details will be completed by the Recreation Commission.
Residents who have purchased a pool pass will have an option to purchase guest passes for up to 10 guests
for a cost of $50. Another offering for residents is 4 drop-in days at $5 a swim. Ms. Bebrin noted that the
most frequent response from residents was concern for fellow residents who may not be able to afford the
pool memberships, the Good Neighbor Fund will be an option to apply to for help with membership costs.
Mr. Lombardi explained that generally speaking the Town would need about 1000 residents to purchase
some form of membership to reach the goal of self-sufficiency for the pool this season. Adding that we have
the initial appropriation for $200K that was approved and was intended to cover first year costs.
It was reviewed that the Town is recommending that there will be a limit of 100 persons at the facility at any
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2198 Main Street Select Board
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one time, this is consistent with staffing needs and the required lifeguard to swimmer ratio of 1 to 25. The
Town will be using the same system as we did last year with First Light Beach, when capacity is met, the gate
keeper will be notified for anyone entering the property.
Mr. Lombardi shared that the regulations for the pool are being developed and the Recreation Commission
will be adopting them in the next month or so. Also planning on having dedicated staff at the pool who
aren't lifeguards who will be checking people in and responsible to track the number of people in the pool
facility and ensuring regulations are being followed.
__Selectperson-_Chaffee moved to approve the recommended_sum_mer 2023 Community_Pool_program and fee
structure. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson
Bingham -yes, Selectperson Hoffmann -yes, Chair Whitney -yes. The Board vote was 4 -Yes, 0 -No.
Discuss and Vote to Change COVID Relief Fund to Good Neighbor Fund- Susan Broderick, HR Director
Susan Broderick provided background of the COVID Relief Fund, which was established in the summer of
2020 to assist residents who were directly impacted by COVID 19. Ms. Broderick reviewed the committee
make up and the application process, the committee reviewed just over 20 application and awarded a little
over $27K. There is currently $16,480.16 remaining in the fund. The criteria for financial assistance were
reviewed. -Ms. Broderick -shared that the -committee recommends that this fund become -the -Good Neighbor
Fund, which would allow more residents in need to apply. Noting that the committee would like to keep the
AMI requirements at 110% and the award amount at $1,000. The application process would remain the
same with Town staff reviewing applications and making recommendations on other programs the applicant
may be eligible for as well as the Good Neighbor Fund. All committee members are willing to serve on the
Good Neighbor Fund Committee and significant donors from the COVID Relief Fund are supportive of the
change.
Selectperson Hoffmann moved to approve the change the name of the Coved Relief fund and the purpose to
the Good Neighbor Fund as presented. Selectperson Chaffee second. A roll call vote was taken. Selectperson
Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Chair Whitney -yes. The Board vote was
4 -Yes, 0 -No.
Citizen's Request to Shift Future Town Meetings to Saturdays
Brewster residents Devin Maguire, Casey Chatelain, Marissa Cyr, and Sarah Nitsch joined the meeting to
raise the issue of accessibility of Town Meeting, which they believe is suffering due to the current schedule.
They urge administrators to consider rescheduling Town meetings to make sure that engagement is
accessible as possible to the greatest number of residents. Ms. Maguire went on to review recent Town
Meetings on weeknights that can create a number of barriers for residents. There was mention of challenges
for young families, young professionals, and the elderly population. The group proposed the possibility of
moving Town Meetings to Saturdays, additional childcare options, as well as other ideas that have been
presented in a letter that is in the packet.
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Town of Brewster.- .
2198 Main Street
v ~ Brewster, MA 02631-1898
vi Phone: (508) 896-3701
www.brewster"ma.gov
Office of:. ° -
Select Board
Town Manager
Selectperson Chaffee thanked the group for bringing this topic up and noted that it has been discussed many
times. The Town's goal is to have as many people participate in Town Meetings as possible so decisions
reflect the broadest community views. Selectperson Chaffee mentioned that research has shown that there
is not a perfect time or day as there will always be a barrier for someone. Mr. Lombardi shared that what
really impacts attendance at meetings was not when it is held, but the issues that are on the warrant.
Administration and the Select Board will continue to explore the option to hold Town Meetings on Saturdays,
possibly as early as November 2023 and look to expand childcare services.
Review and Potential Votes on Spring 2023 Annual Town Meeting Warrant Articles
Mr. Lombardi reviewed the updated list of articles that we are anticipating will be on the warrant for the _
Annual Town Meeting on May 1, 2023. Some of the articles include:
• Placeholder for operating overrides for both the Elementary schools and Regional High School
budgets
• Proposed amendment to create two new revolving funds to Town bylaws, a Community Garden
Revolving Fund and Wetland Protection Revolving Fund.
• Placeholders for article related to Wing Island Access and related to Wing Island long-term protection
in the form of a Conservation Restriction and/or transfer of care, custody, and control of the Island
and changes of use. These are pending the outcome of the Special Town Meeting.
Prohibition of the sa e of nips
• 3 Citizens Petitions:
o From sustainable practices, which is taking a Cape -wide initiative to prohibit plastic food
containers and utensils.
o Require Town Meeting approval of all projects over $100K regardless of appropriation.
o Place conditions on the Select Board acceptance of anonymous gifts.
• Working with Brewster Conservation Trust to determine if we an article of a release of easement for
a portion of Great Fields Road.
FYIs
None
Matters Not Reasonably Anticipated by the Chair
None
Questions from the Media
None
Next Meetings
March 6 (Special Town Meeting), March 13, March 20, April 3, and April 24 2023
Adjournment
Selectperson Chaffee moved to adjourn at 8:36pm. Selectperson Bingham second. A roll call vote was taken.
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Town o Brewster:_ � ... Office of:
Select Board
2198 Main Street `
Town Manager
Brewster, MA 026314898
Phone, (508) 896-3701
www.brewsterwma.gov
Selectperson Chaffee -yes, Selectperson HS C31 Selectperson Hoffmann -yes, Chair Whitney -yes. The
Board vote was 4 -Yes, 0 -No.
Respectfully submitted by Erika Mawn,
Executive Assistant
Approved: 03/13/2023 Signed:
Date Selectperson Hoffmann, Clerk of the Select Board
Accompanying Documents in Packet: Agenda, Consent Items, Annual Liquor License packet, Liquor License Transfer packet, FY24 CCRT
operating budget, FY24 Nauset School Budgets, FY22 Audit packet, Summer 2023 Community Pool information, Good Neighbor Fund,
Citizen's request, Potential article to ban the sale of nips, Spring ATM Warrant articles, FYIs.
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Approved Meeting Minutes- 2.2 7.23
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Signed
03 / 14 / 2023 Sent for signature to Kari Hoffmann
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Viewed by Kari Hoffmann (khoffmann@brewster-ma.gov)
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Signed by Kari Hoffmann (khoffmann@brewster-ma.gov)
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The document has been completed.