HomeMy Public PortalAboutSelect Board -- 2021-06-11 Minutes Office of:
Town of Brewster
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2198 Main Street Town Administrator
Brewster, MA 026314898
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MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES
DATE : June 11, 2021
TIME : 9 : 00 AM
PLACE : Remote Teleconference
ALL PARTICIPANTS ARE PARTICIPATING REMOTELY : Chair Bingham , Selectperson Whitney, Selectperson
Chatelain , Selectperson Chaffee , Selectperson Hoffmann , Town Administrator Peter Lombardi , Assistant
Town Administrator Donna Kalinick, Assistant Town Administrator Susan Broderick, Attorney Shirin Everett
Call to Order & Declaration of a Quorum , Meeting Participation Statement and Recording Statement
Chair Bingham called the meeting to order at 9 : 02am , conducted a roll call vote of attendance, declared a
quorum present, and read the meeting participation and recording statements .
Matters Not Reasonably Anticipated by the Chair
None ,
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 negotiating position of the public body .
Selectperson Whitney moved to dissolve open session at 9 : 04am and enter executive session . Selectperson
Chatelain second . A roll call vote was taken . Selectperson Whitney- yes, Selectperson Chatelain - yes,
Selectperson Chaffee- yes, Selectperson Hoffmann -yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0 - No .
All members present recited the following statement " No other person is present or able to hear the
discussion at this remote location . "
Mr . Lombardi gave the Board an update on the status of the non - disclosure agreement ( NDA) , there was a
call with the seller' s counsel and our Town Counsel regarding the NDA . Mr . Lombardi ' s initial concern is that
the NDA would not allow the Town to discuss their bid with the public, if the Town were to pursue eminent
domain . Upon further review this does not appear to be the case . There is a provision that reads that if the
Town ' s bid is rejected , that fact may be discussed . However, the next paragraph in the NDA again refers to
all information being kept confidential . Town Counsel Shirin Everett cautions the Town on discussing a failed
bid .
Selectperson Hoffmann asked how the open meeting law may work in this situation . Ms . Everett stated that
if there was a public records request for the bid information , it would have to be released . Selectperson
Chatelain is not in favor of signing the NDA . Selectperson Chaffee is concerned that if the Town does not
sign the NDA, it may put the Town ' s bid in jeopardy . The NDA does terminate when the parties enter into a
purchase and sale agreement . There is the issue of one NDA, but two parcels for sale . The Town could be the
winning bidder for Long Pond , but not for the Bay parcel .
BoS 6 - 11 - 2021 www . brewster- ma . gov Page 1 of 2
Doc ID : 58a4bOad8d95105d41109a5fbd7325ed99530e77
Town of Brewster Office of:
o Select Board
2198 Main Street Town Administrator
Is o Brewster, MA 026314898
�r 0 Phone ; (508) 896-3701
www , brewster-ma . gov
/011011 Phil 11
It was noted that there is still no process or even a date certain for notifying the bidders of the next steps
after the bids are received and reviewed by the sellers . Selectperson Hoffmann asked if signing the NDA
would preclude the Board from publicly discussing eminent domain if the Town is not informed that our bid
was not successful . Ms . Everett stated that if the seller were not to " play fair" and give information to
bidders on the status of their bid , it would preclude the Town going to the public if we had signed the NDA .
There was a discussion on the eastern section of bay parcel and if it had easements . If the Town does not
sign the NDA, we would not receive the information on this section .
Selectperson Chaffee moved that the Board does not sign the non - disclosure agreement . Selectperson
Chatelain second . There was a roll call vote . Selectperson Whitney — Yes, Selectperson Chatelain — Yes ,
Selectperson Chaffee — Yes, Selectperson Hoffmann — Yes, Chair Bingham — Yes . The Board vote was 5 -Yes,
0 - No .
Mr . Lombardi stated that there is still uncertainty on the actual due date of the bids for the parcels . Mark
Reenstierna will have his final report by Monday and will be available to join the next Executive Session . The
Board will work on finalizing its bids at this meeting .
Selectperson Chatelain moved that the Board finalize their bids for the two parcels at their June 15th
meeting . Selectperson Chaffee second . There was a roll call vote . Selectperson Whitney — Yes, Selectperson
Chatelain — Yes, Selectperson Chaffee — Yes, Selectperson Hoffmann — Yes, Chair Bingham — Yes . The Board
vote was 5 -Yes, 0- No .
Mr . Lombardi stated that he has received emails from Jim Fay with the Flats Association . This Association has
been reaching out to Brewster Conservation Trust and other organizations to see if these organizations
would support their goal and vision for the Bay parcel . The Board did not feel that the Town needed to have
an in - depth conversation with Mr . Fay, but a brief, polite conversation was in order . Mr. Lombardi shared
that TRC Companies Inc . placed a public records request for information on 178 Bonnie Doone Cartway .
Selectperson Chaffee moved to adjourn at 10 : 06am . Selectperson Whitney second . A roll call vote was
taken . Selectperson Whitney- yes, Selectperson Chatelain - yes, Selectperson Chaffee - yes, Selectperson
Hoffmann -yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0- No .
Respectfully submitted ,
Erika Mawn , Executive Assistant
Approved ;
12 / 06 / 2022 Signed :
Date Kari Hoffmann , Clerk of the Select Board
Date Released : 2/27/2023
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Doc ID : 58a4bOad8d95105d41109a5fbd7325ed99530e77