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Home My Public Portal AboutSelect Board -- 2020-12-23 Minutes I , � asvzllg W4ii r, : • � V.� , �9 Town 'of Brewster Office of. 2198 Main Street ' . a Select Board Town Administrator I W = Brewster, MA 026314898 Phone: ( 508) 896-3701 Fax : (508) 896- 8089 ii"ISO I . MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES DATE : December 23, 2020 TIME : 12 : 00 PM PLACE : Remote Teleconference ALL PARTICIPANTS ARE PARTICIPATING REMOTELY : Chair Chaffee, Selectperson deRuyter, Selectperson Whitney, Selectperson Chatelain , Selectperson Bingham, Town Administrator Peter Lombardi , Assistant Town Administrator Donna Kalinick, Robin Young and Town Counsel Jeff Blake, Shirin Everett Call to Order & Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Chaffee called the meeting to order at 12 : 01pm , conducted a roll call vote of attendance, declared a quorum present, and read the meeting participation and recording statements . Executive Session : To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body . Chair Chaffee stated that the Board would be going into executive session to discuss strategy with respect to consider the purchase, exchange, taking, lease, or value of real property if such discussion may have a detrimental effect on the negotiating position of the governmental body, and would not be returning to open session . Selectperson deRuyter moved that the Board go into executive session at 12 : 04 pm to consider the purchase, exchange, taking, lease, or value of real property if such discussion may have a detrimental effect ' on the negotiating position of the governmental body, and would not be returning to open session . Selectperson Bingham second . Selectperson Whitney-yes, Selectperson Bingham -yes, Selectperson deRuyter-yes, Selectperson Chatelain, Chair Chaffee-yes . The Board vote was 5 -yes, 0- No and every party present declared that no other person is present and/or able to hear the discussion at the remote location . An email with Shirin Everett was including in the packet about the title work, which should be completed by the end of the month , Another email to Town Planner Ryan Bennett sent by Darwin Werthessen was Included in the packet in relation to the properties in question and the subdivision process . Chair Chaffee recapped the general feeling of the Select Board after the past 2 months of the executive session meetings . They are in agreement they prefer to purchase the property . Ms . Everett gave a high level view of the process of Chapter 79 eminent domain and the process of 80A . Mr . Blake noted .there is very ittle case law regarding 80A . He feels that the Chapter 79 is a preferred means of taking . The implications, www , brewster-ma , gov BoS 12-23- 20 4 • Page 1 of 3 \.a\tuutat��w�U, 0 T �y�i Town of Brewster ° e of: z 0 V •+�* 9 Select Board 2198 Main Street Town Administrator Brewster MA 026314898 r r . Phone : ( 508) 896- 3701 Fax: ( 508) 896- 8089 Art ��4j�pimfNUMil1NNNttu�� risks and rewards of both means of taking were discussed with Town Counsel . This process would need approval by a Town Meeting vote . Selectperson deRuyter asked if they could enter into a purchase of sale with the seller until Town Meeting, which they would be able to . He prefers to attempt to enter a negotiated purchase with the seller, using the Chapter 79 as a last resort . A funding source for acquisition is not determined at this time . If a Land Trust purchases the property, the Select Board would no longer be able to utilize eminent domain . Ms . Everett advised Mr. Lombardi to begin negotiations, and have the appraisal completed as soon as possible . Once major business terms were confirmed , then Mr. Lombardi would contact the legal team . Mr . Chatelain feels that the negotiation process should be held until the appraisal was completed . He is also in favor of using the eminent domain approach as a last resort . Mr. Lombardi proposed reaching out the Phoenix management in January, setting a date in February for a meeting . The approach of that meeting will be discussed over the next few Select Board meetings . Selectperson Bingham noted the Nauset. Regional High School project, which will be voted on . in March . She feels that the public should be aware of the financial obligations for the purchase of the parcels . The public explanation process of the purchase will need to be comprehensive when they are able to do so without directly effecting the acquisition itself. Selectperson deRuyter wanted to poll the Board to see if the members are all still Interesting in the purchase of the property, with all of the information they have acquired over the executive session meetings . Selectperson Whitney is still very interest in the acquisition . The use of the property does '4 6 not have be determined, but could involve a multi -year, community engaged decision . Chair Chaffee is still very invested in the properties, and at the very least the potential beach access is a large draw : Discussion on the initial meeting with Mr. Lombardi and the sellers was had regarding logistics . Selectperson Chatelain was contacted by a rep from the Brewster FLATS foundation to follow up on the letter he had sent to the Select Board . The rep mentioned Mark Robinson , is optimistic that his group will be able to raise the funds to purchase the property outright, and are open to partnering with other organizations for purchasing the property . Mr. Lombardi noted that Hal Minis and Mark Robinson has also had conversations with the group for potential partnerships . The FLATS foundation is also going to acquire an appraisal on the property and are proceeding along parallel with the Town' s efforts . Chair Chaffee would like all future conversations directed through the Town Administrator for consistency . Rep . Peake who has done outreach to the Lt . Governor and the DCR commissioner. Mr . Lombardi had a meeting with the DCR commissioner, their general counsel, and their director of government and legislative affairs . DCR does not have much of . a budget, but offered broader resources and levers they could help with at the State level . They asked for a summary document to share with the Secretary of the EEA . Selectperson deRuyter asked if there would be a potential earmark of funding at the State level . Mr . Lombardi feels that Rep . Peake a'nd Sen . Cyr both understand the importance of the properties . The next step include the finishing of the appraisal using one company for both parcels . Approval of November 2, 16 , 19, & 23 and December 1 , 2020 Executive Session Meeting Minutes Selectperson Chatelain moved to approve the November 2, 16, 19, & 23 and December 1, 2020 Executive Session Meeting Minutes pending non-substantive corrections, Selectperson Whitney second . A roll call vote I . www, brewster- ma . gov BoS 12-23- 20 Page 2 of 3 i t I ��pA011WIUURHIIRII/qj . Town of Brewster Office of: o�1� '+� 9, Select Board 2198 Main Street Town Administrator Brewster, MA 02631 = 1898 r Phone : ( 508) 896-3701 Fax : ( 508) 896- 8089 �'y�4j/U/��iNIIINii1111�11��\a��`�� • was taken . Selectperson Whitney-yes, Selectperson Chatelain -yes, Selectperson deRuyter-yes, Selectperson Bingham -yes, Chair Chaffee -yes , The Board vote was 5 -yes, 0- No . Matters Not Reasonably Anticipated by the Chair No discussion . . Next Meetings : January 4, 5, 12 & 19, 2021 Adjournment Selectperson Bingham moved to adjourn at 1 : 48pm, Selectperson Chatelain second . A roll call vote was taken . Selectperson Whitney-yes, Selectperson Chatelain-yes, Selectperson deRuyter-yes, Selectperson Bingham -yes, Chair Chaffee-yes , The Board vote was 5 -yes, 0- No . Respectfully submitted , Robin Young Approved : f � 1 Signed : pp • Date Selectpers n Bin m , Clerk of the Board of Selectman Accompanying Documents in Packet ; agenda, email correspondence, draft meeting minutes Release Date : 2 . 27 . 23 www , brewster•ma . gov BoS 12-23-20 Page 3 of 3