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Home My Public Portal AboutSelect Board -- 2021-04-13 Minutes i 1 Town of Brewster " I � : 40ffice of: ;�� ( �so �E1.DER�eq �� i 2198 Main Street ' elect Board s �� NaS Brewster MA 02631 ovhr3 Administration ( 508) 896 - 3701 www. brewster-ma . gov �/��l/�UIIAII7I I111411VAAA��A�A MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES DATE . April 13, 2021 TIME $ 9 : 00 AM PLACE . Remote Teleconference ALL PARTICIPANTS ARE PARTICIPATING REMOTELY ; Chair Chaffee, Selectperson Whitney, Selectperson Bingham , Selectperson deRuyter, Selectperson Chatelain , Town Administrator Peter Lombardi , Assistant Town Administrator Susan Broderick, Assistant Town Administrator Donna Kalinick, Bruce Taub , Paul Anderson Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Chaffee called the meeting to order at 9 : 01am , conducted a roll call vote of attendance, declared a quorum present, and read the meeting participation and recording statements . Chair Chaffee stated that the Board would be going into 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 . • To discuss strategy with respect to litigation as an Open Meeting will have a detrimental effect on the litigating position of the Town ( Brewster v. Eversource ) • To approve the February 2 and 16, 2021 Executive session meeting minutes . The Board will not be returning to open session . Selectperson Whitney moved to enter executive session . Selectperson Chatelain second . A roll call vote was taken . Selectperson deRuyter-yes, Selectperson Bingham -yes, Selectperson Whitney-yes, Selectperson Chatelain -yes, Chair Chaffee - yes . The Board vote was 5 -year, 0- No . All members stated , " No other person is present or able to hear the discussion at this remote location . " To discuss strategy with respect to litigation as an Open Meeting will have a detrimental effect on the litigating position of the Town ( Brewster v. Eversource ) Mr . Lombardi stated that the Town received correspondence from MDAR to decide on whether to participate in a pilot program regarding testing and monitoring public water supplies regarding glyphosate . Mr . Anderson stated that the Town participates in other testing programs . MDAR is concerned on spraying that takes place close to wells, to see what contamination , if any is present . This BoS 4 . 13 . 21 www. brewster-ma. gov Page 1 of 3 Doc ID : de0b8f9df6b2e75902d9395bd12e10bd820a74a3 Town of Brewster Office of: o�� REWSP , Select Board X , :� EI.DEq'e9 , 'Q l 2198 Main Street Town Administration Brewster, MA 02631 O ( 508 ) 896 - 3701 www. brewster-ma . gov Pea. Ig j600$ will be rare water sampling . MDAR stated that since it is a rare water sample, you do not need to disclose containments . Mr . Anderson does not agree with these . Mr . Anderson stated that our Wells are upstream of where the spraying is taking place . Based on the letter, Mr . Lombardi believes they are doing this testing to prove that the spraying is not an issue . Selectperson Bingham asked about those that have private wells that abut the power lines . This study does not include private wells over public water supply . Selectperson Whitney asked if the samples must come from our existing wells or if we could choose the spots for sampling . Attorney Taub stated that there has been a pesticide board for quite some time and shares the same concerns as Mr. Lombardi . He is very suspicion of the correspondence . He feels if the Town says yes, it may undermine the litigating position of the Town in our suit with Eversource . If the suit is filed , the fact that we did not participate in this program , could be held against the Town . He is in favor of the Board responding that they may be interested in the participating in the program but have concerns that there is no testing of private wells, especially those that abut the spraying area . At 9 : 24am Chair Chaffee had technical issues and was out of the meeting until 9 : 27am . Vice Chair deRuyter chaired the meeting for this time . There is also the fact that there has been no spraying in Brewster for several years now . Mr . Anderson stated that Barnstable Fire District is going to participate in the program . Over 90 % of the Town is on Town Water. Paul Anderson left the meeting at 9 : 29am . Attorney Taub suggested that the Town should respond to the invitation , detail the reasons and thinks we should exclude any reference of the lawsuit . Mr . Lombardi will work with Mr . Anderson and Attorney Taub on the response letter . 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. Mr . Lombardi reviewed that over the past week has spoken to both Mark Reenstierna and Mark Robinson . Mr . Lombardi had forwarded Mark Robinson ' s notes to Mark Reenstierna for review . Mr . Lombardi noted to Mark Robinson the Town ' s desire to have input from both Mark Reenstierna and Howard Hayes to ground truth some of his initial methodology and valuation calculations . Mr. Lombardi also had requested to have the updated draft appraisal reports peer reviewed . Mr . Lombardi noted that if we need a full valuation analysis this could take more time, possibly until May to complete but if the Town wants something less it can be turned around in a week or two . The possibility of eminent domain was discussed in looking at highest and best use by right . It is clear to Mr . Lombardi that we need to look at what is likely, based on other special permits that have been granted in Town . Shouldn ' t necessarily be by right, looking at what has been done with the Robinson parcel in terms of hypothetical development is really BoS 4 . 13 .21 www . brewster-ma. gov Page 2 of 3 DOC ID : deOb8f9df6b2e75902d9395bd12e10bd820a74a3 i i E Town of Brewster office of: i, Select Board . ��oEReF� ' 2198 Main Street E 0 '`° � '�; Town Administration Brewster, MA 02631 0 [ ° co a (508 ) 896 - 3701 www. brewster-ma . gov fill l 11114111" ""\\\\\\ what is required, even under eminent domain and clearly what Jim Fleet is expecting . Mr . Lombardi thinks it makes sense to contact John O' Reilly to determine highest and best use . Mr . Lombardi stated that he has not spoken to the private resident regarding their supposed offer, reason being is that prior to the planned meeting with Jim Fleet tomorrow , Mr . Fleet had sent over a non - disclosure agreement ( NDA ), bounding the Town . It was drafted with an eye toward a private party, private sector negotiation . It was sent to KP Law for review, there were some significate things that were not appropriate for the Town to sign off on . In speaking to Jim Fleet about the NDA, Mr . Fleet stated that there is not a lot of flexibility in the document, if there are extensive changes , his suggestion is not to invest in the legal fee costs . Mr . Lombardi assumes the private resident also received an NDA, doesn ' t know if they would tell us and if they did , that would raise a red flag . Mr . Lombardi did not give Jim Fleet a date for a response, Mr . Fleet said he would be unavailable from the end of April through the beginning of June due to clients and personal travel requirements . The Board discussed and agreed that the additional appraisal work will help in determining an offer amount that they would trust, and feel is solid to be able to move forward . The best - case scenario is a negotiated agreement, but the appraisal will be key to any one of the scenarios . To approve the February 2 and 16, 2021 Executive session meeting minutes Selectperson Bingham moved to approve the February 2 & 16, 2021 meeting minutes . Selectperson Chatelain second . A roll call vote was taken . Selectperson deRuyter-yes, Selectperson Bingham -yes, Selectperson Whitney-yes, Selectperson Chatelain -yes, Chair Chaffee- yes . The Board vote was 5 -yes, 0 - No . Adiournment Selectperson Bingham moved to adjourn at 10 : 07am . Selectperson Whitney second . A roll call vote was taken . Selectperson deRuyter-yes, Selectperson Bingham -yes, Selectperson Whitney- yes, Selectperson Chatelain -yes, Chair Chaffee - yes . The Board vote was 5 -yes, 0 - No . Respectfully submitted, Susan Broderick and Erika Mawn Approved1 . 11 / 15 / 2022 it ltV� Date Selectperson Hoffmann , Select Board Clerk Date Released : 2/27/2023 BoS 4 . 13 . 21 www,brewster-ma . gov Page 3 of 3. Doe ID : de0b8f9df6b2e75902d9395bdl2e10bd820a74a3