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Home My Public Portal AboutSelect Board -- 2021-05-18 Minutes (2) (0 4. ��°ERA 9 Town of Brewster office of: �N3 ' ' Select Board 3 Alm` a = 2198 Main Street ° ` � ' = Brewster MA 02631 - 1898 ? ; Town Administrator Phone : ( 508) 896 -3701 1 � : Fax : (508) 896-8089 MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES DATE : May 18, 2021 TIME : 3 : OOpm PLACE : Remote Teleconference ALL PARTICIPANTS ARE PARTICIPATING REMOTELY ; Chair Chaffee , Selectperson deRuyter, Selectperson Bingham , Selectperson Whitney, Selectperson Chatelain, Town Administrator Peter Lombardi , Assistant Town Administrator Donna Kalinick, and Assistant Town Administrator Susan Broderick, Town Counsel Shirin Everett Call to Order, Declaration of a Quorum , and Meeting Participation and Recording Statement Chair Chaffee called the meeting to order at 3 : 01pm , announced all Select Board members present and declared a quorum . Chair Chaffee read both the meeting participation statement and recording statement . Consent Agenda • Letter of Support for Cape Rep Theater State Grant Application Selectperson Bingham moved to approve the Consent Agenda of May 18 , Selectperson Whitney second , A roll call vote was taken . Selectperson deRutyer- yes, Selectperson Bingham -yes, Selectperson Whitney-yes, Selectperson - Chatelain -yes, Chair Chaffee-yes . The Board vote was 5 - Yes, 0- No . Matters Not Reasonably Anticipated by the Chair : None Next Meetings : May 24 and May 26th Executive Sessions 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: Approval of September 10, 2020, September 21 , 2020 and October 5 , 2020 Executive Session Meeting Minutes . Selectperson Bingham moved to adjourn open session at 3 : 03pm and go into executive session and not to return to open session . Selectperson Whitney second . A roll call vote was taken . Selectperson deRutyer- yes, Selectperson Bingham -yes, Selectperson Whitney-yes, Selectperson - Chatelain -yes, Chair Chaffee -yes . The Board vote was 5 -Yes, 0- No . All participants stated the following : " No other person is present or able to hear the discussion at this remote location . " BoS 05 . 18 . 21 www . brewster-ma . gov Page 1 of 3 DOC ID : deOb8f9df6b2e75902d9395bdl2e10bd820a74a3 'p Town of Brewster offce °f. Select Board i N = 2198 Main Street Town Administrator Brewster, MA 026314898 Phone : (508) 896-3701 Fax : (508) 896-8089 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 Selectperson deRuyter questioned if the Board could enter into an agreement stating that they would not exercise or pursue eminent domain for the purchase of a property, if yes could a future Board or Town Meeting attempt to overrule ? Also, if any binding agreement to that affect, what term would be allowable ? Assuming this is all possible, could a negotiation be had with an individual or entity that doesn ' t already own the property, some type of equitable interest ? Ms . Everett answered that generally as there is no case law on this issue, the Board cannot take away the executive authority of future boards , in this case as in the ability to take property by eminent domain as a blanket authorization . She continued that to say to some property owner that we will never take by eminent domain if the agreement is not supported by a consideration . Ms . Everett would argue that such agreement would be against public policy as you would be binding authority of future Boards . Town Meeting could authorize eminent domain , but it is always up to the Select Board to decide . Chair Chaffe had questions on a partial eminent domain taking of a parcel . Ms . Everett stated that a survey would need to be done of the portion you wish to take, an ANR with the Planning Board , and what impact or damages that has to the owner . The Town has control of a parcel that is taken by eminent domain as soon as the taking is recorded . The entire process of eminent domain would take approximately 3 months . Mr . Lombardi stated that eminent domain can only be used to take a parcel for public use . If the Town were to take a parcel by eminent domain , and then subdivide and sell or develop another portion of the parcel , the other portion of the parcel must be used for public purpose, i . e . , public housing . There can be no private benefit, only incidental private benefit . Shirin Everett left the meeting at 3 : 23pm . Mr . Lombardi shared that the appraisals should be complete by the first week of June . The Board will meet once the appraisals are completed to determine what bid price they would like to submit on the two parcels . It is not clear from the seller what the process will be once the bids are received . Mr . Lombardi will meet with Jim Fleet to discuss what the seller' s process/timeline will be . It is unclear if the Kennedys will put a bid in for Long Pond . Mr . Lombardi stated that he would like to reach out to their real estate representative to see if the Kennedys are interested in the Long Pond parcel . The Board did not feel that it was necessary to reach out to the Kennedys in terms of their interest in the Long Pond parcel . Selectperson deRuyter stated the Board must be comfortable with a taking of the bay parcel . There is a significant amount of risk in this process . He questions if the safest strategy is to try BoS 05 . 18 . 21 www . brewstermma . gov Page 2 of 3 DOC ID : deOb8f9df6b2e75902d9395bdl2e10bd820a74a3 o� '' � DEReq �9 / % Town of Brewster Office of: e Ip Select Board 2198 Main Street Town Administrator COBrewster, MA 02631 - 1898 ~ Phone : (508) 896 -3701 ortpo 44I, �` Fax : ( 508) 896- 8089 to, 194 % 603 to submit the winning bid for the bay parcel and may, in the long run be the less expensive route for the Town . Selectperson Whitney suggested that if the Town learns that it is not the winning bidder of the bay parcel , then he would prefer to start the eminent domain process immediately from the current owner, not the presumed buyer . As a reminder, it was stated that the Town can not use CPC funds to purchase the property if the Town ' s bid is over the appraisal price . Selectperson Chatelain stated that he feels that the Town may be the only bidder, and that the parcels could remain on the market for a few years . He supports using the appraisal price as the Town ' s bid amount . Mr . Lombardi stated that a good strategy for the Town may be to go to Town meeting with an eminent domain taking for the current owner . This will make a strong case for the seller to work with the Town on a selling price . This relates back to Shirin Everett' s point in that Town Meeting has to authorize an eminent domain taking, but that the Board does not have to execute it . The bay parcel is not really an open space purchase , it will be an active use . Mr . Lombardi will look at the timing of items in terms of when there would need to be a special town meeting . The Board must decide if they want to sign the non - disclosure agreement ( NDA ) and go into the bidding process or not sign the NDA and start eminent domain with the current owner . Mr . Lombardi will reach out to Jim Fleet to find out if the Town must sign the NDA in order to submit a bid . Town Counsel will be asked to draft up offers on both parcels . The Board will meet again on Monday, May 24th at gam for their next meeting on this subject . Approval of September 10, 2020, September 21 , 2020 and October S. 2020 Executive Session Meeting Minutes Selectperson Bingham moved to approve the executive session minutes of September 10, 2020, September 21 , 2020 and October 5 , 2020 , Selectperson Whitney second . A roll call vote was taken . Selectperson deRutyer- yes, Selectperson Bingham -yes, Selectperson Whitney-yes, Selectperson - Chatelain -yes, Chair Chaffee -yes . The Board vote was 5 -Yes, 0- No . Selectperson Bingham moved to adjourn at 4 : 26pm , Selectperson Whitney second . A roll call vote was taken . Selectperson deRutyer- yes, Selectperson Bingham -yes, Selectperson Whitney - yes , Selectperson - Chatelain -yes, Chair Chaffee -yes , The Board vote was 5 -Yes , 0- No . Respectfully submitted , Erika Mawn , Executive Assistant 11 / 15 / 2022 Approved : Signed : Date Selectperson Hoffmann , Clerk of the Select Board Released : 2/27/2023 Date BoS 05 . 18 . 21 www .brewster-ma . gov Page 3 of 3 Doc ID : deOb8f9df6b2e75902d9395bdl2e10bd820a74a3