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Home My Public Portal AboutSelect Board -- 2021-06-23 Minutes i Off ��1�111�lll/q/dip!! rF Town of Brewster office of: `. O<( Q FEEDER eq� N'9 ow 2198 Main Street Select Board 3t. 'r = Brewster MA 02631 - 1898 ' 1 Town Administrator 0 N3if Brewster, I p.a I I': Ito # N Phone : (508 ) 896 - 3701 00 www, brewster-ma . goy MINUTES OF THE SELECT BOARD MEETING EXECUTIVE SESSION DATE : June 23, 2021 TIME : 11 : 00 AM PLACE : Brewster Town Office Building, 2198 Main Street PARTICIPATING REMOTELY : Chair Bingham , Selectperson Chatelain , Selectperson Hoffmann , Selectperson Chaffee, Selectperson Whitney, Town Administrator Peter Lombardi , Assistant Town Administrator Susan Broderick, Assistant Town Administrator Donna Kalinick, Mark Reenstierna Call to Order & Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Bingham called the meeting to order at 11 : 10am , declared a quorum and read the participation and recording statements . Matters not Reasonable Anticipated by the chair None Chair Bingham stated the Board would be entering executive session and not be returning to open session . 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 negotiating position of the public body . Selectperson Chatelain moved to enter executive session at 11 : 14am . Selectperson Chaffee second . A roll call vote was taken . Selectperson Whitney- yes, Selectperson Chaffee- yes, Selectperson Hoffmann - yes, Selectperson Chatelain -yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0- No . All participants recited the following statement " No other person is present or able to hear the discussion at this remote location . " The latest appraisal report for the Bay parcel is completed , the Long Pong parcel remains unchanged at the $4 . 2M evaluation . Mark Reenstierna completed an updated appraisal for the Bay parcel that includes only lot 45 that will be the only parcel included in the sale . Mr . Reenstierna reviewed the appraisal report, noting that by excluding parcel 46 the property has approximately 824ft of frontage available to develop on the 54 . 92acres . He mentioned the right of way that runs into parcel 45 , he suggested the Board take a strong look to see if this will be part of the property . Adding that the seller has the right to use the right of way that exists on parcel 46 . He continued that the property could support an ANR ( approval note required ) BoS 6 . 23 . 21 www . brewstermma . gov Page 1 of 4 Doc ID : 58a4b0ad8d95105d41109a5fbd7325ed99530e77 \\\\�0\\%k IIE I`I/IvlNppp Town of Brewster Office of, O�G 'g60ERB ��i 2198 Main Street Select Board Town Administrator o ^R � 9A Brewster, MA 026314898 -- Phone : (508 ) 896 - 3701 www. brewster-ma . gov /,gmm�upnu � " subdivision of 5 lots and determined these lots would be about 11 acres each . The lots would command a price of $ 4 . 25M , this is based a lot on what is happening on the Bonnie Doone parcel . Mr . Reenstierna stated it would take two years to sell out the lots and in the 211 year the prices of the lots would increase by 5 %, on a conservative basis . The property would have to go through the Cape Cod Commission , and this will have a dampening effect on the market for the property . The gross sell out is approximately $ 22M . Mr . Reenstierna believes the property is worth $ 15 . 2M for a 5 lot ANR subdivision of the Bay parcel . The market factors are up in the air and potentially could see $ 18M . Adding that this does not include the legal costs . Mark Reenstierna left the meeting at 11 : 31am . The Board reviewed both offer letters , the offer letter for the Bay parcel has been updated to reflect the offer amount of $ 15 , 215 , 000 . The offer letter does not provide a specific amount for the deposit, it says it is due upon 5 days of entering into a purchase and sales agreement . Mr. Lombardi noted that if this is the case, since we don ' t have an appropriation , this would require the Town to get approval from the Finance Committee for a reserve fund appropriation . The closing would occur 60 days from the date we enter the Purchase and Sales agreement, the Town could call Town Meeting and hold the election during this time . The Town will have the right to complete an inspection, the standard language will remain . The sellers are delinquent on their second half property taxes for both parcels, we are tracking that, and language is included that it needs to be paid by the sellers . It was discussed if the Town ' s deposit would be forfeited if Town meeting fails to approve, Mr . Lombardi noted this would be negotiated . There was also a brief discussion on the timeline and process on the possibility of an eminent domain taking . Overall approach is hoping for a negotiated agreement, if this was to fail, give the Town the option to initiate taking . The Select Board is authorized to initiate the taking, potentially use as a window to go back to the sellers to try to negotiate one last time before the process is started . Mr . Lombardi relayed that in speaking with Jim Fleet the sellers don 't necessarily know what the process will look like, they talked about 3 scenarios , 1 . Someone comes in with bids that are significantly higher than everyone else; they would begin negotiations . This would not take much time . 2 . Several competitive bids, buyers would maybe given the opportunity to "sharpen " their pencils, notification within 3 weeks to buyers . 3 . No one is in the ballpark of what the sellers are hoping for, start the process again . In each scenario the Town would be contacted within at most 3 weeks . The Board ' s overall thought process of giving them 30 days before we go public is fair . Selectperson Chaffee moved that the Board proceed with submitting bids using the offer letters BoS 6 . 23 . 21 www . brewster- ma . gov Page 2 of 4 Doc ID : 58a4bOad8d95105d41109a5fbd7325ed99530e77 Town of Brewster Office of. P t k 4$�, DER 0 2198 Main Street Select Board Town Administrator rewster, MA 0263 1 1898 0 B Phone * (508 ) 896 � 3701 1 11 6vconpoaxOpo www. brewster�ma . gov presented today with the amendments made at this meeting on the Cape Cod Sea Camps Bay ( $ 15 . 215M ) and Long Pond ( $4 . 2M ) parcels . Selectperson Chatelain second . There was a roll call vote . Selectperson Whitney�yes, Selectperson Hoffmann �yes, Selectperson Chaffee �yes, Selectperson Chatelain �yes, Chair Bingham �yes . The Board vote was 5 �Yes, O� No . Mr . Lombardi shared that the Open Space Committee was advised where the Select Board stood on the Burke property acquisition , having relayed this information to Elizabeth Taylor and Mark Robinson in advance . Both were surprised that the Select Board would insert themselves in this way . Mr . Lombardi noted that it was clear in the Open Space Committee meeting that they felt the Select Board was ancillary to the process of Open Space acquisitions and they saw themselves as a direct conduit to Town Meeting . Adding that this is the role they have played in a large part over the past couple of decades . Mr . Lombardi reviewed the process going forward with acquisitions . 0 Open Space Committee has an initial conversation with Mark Robinson or Brewster a & Conservation Trust about potentially acquiring a property 0 Based on the feedback and input, the Open Space Committee expresses their interest in the properties and provide a bracketed amount to allow Mr . Robinson to negotiate , 0 Open Space Committee would go to the Select Board before Mr . Robinson engages with the sellers and pitch the acquisition to get Select Boards blessing . 0 Mr . Robinson would then negotiate and if successful , move forward accordingly . It was relayed to the Open Space Committee that the Board , given the timing and other factors , was inclined to ask for 60 more days to move forward on the purchase and sales, Mr . Lombardi shared that the committee was not particularly happy and sounds like the sellers weren ' t either . There was clarification on the deposit amounts and the contribution from Brewster Conservation Trust , Mr . Lombardi noted that counsel recommended that if we are asking for 60 more days, we may want to increase our deposit , Zoning Board of Appeals did deem the lot buildable . Mr . Robinson went back to the sellers, and they have asked for a higher purchase price of $ 370K instead of the agreed $ 362 , 500 and an increase in the deposit from $ 5K to $ 10K . Everyone was hoping that the Board would sign the purchase and sales agreement before the deadline at the end of August . Selectperson Chaffee expressed her concerns about the current process and suggested that we i pause on any acquisitions for 2 �3 months at least . Mr. Lombardi shared that lessons learned on the level of involvement that the Board should be having with acquisitions . Selectperson Chaffee left the meeting at 12o0pm . Selectperson Chatelain moved to decline to accept a counteroffer from the sellers and allow the deal to fall through . Selectperson Whitney second . There was a roll call vote . Selectperson BoS 6 . 23 . 21 www . brewster� ma . gov Page 3 of 4 Doc ID : 58a4bOad8d95105d4llO9a5fbd7325ed9953Oe77 xo\\�I I I I I I I I I IIIIIJ I I Town of Brewster Office of: 0 � 0 q� Select Board 2198 Main Street Town Administrator co 0 Brewster, MA 0263 1 1898 Phones, (508 ) 896 � 3701 love 04 "'�W www. brewster�ma . gov Sol Whitney�yes, Selectperson Hoffmann �yes, Selectperson Chatelain �yes, Chair Bingham �yes . The Board vote was 4�Yes, O� No . Mr . Lombardi shared that both he and Selectperson Chaffee were contacted by members of Brewster Conservation Trust months ago about the Open Space Committee ' s level of engagement and their general approach and expressed their own concerns . There have been conversations about potential strategies to improve, adding that this was all before the Burke property acquisition . Adiournment Selectperson Chatelain moved to adjourn at 12 * 16pm . Selectperson Hoffmann second . A roll call vote was taken . Selectperson Whitney� yes, Selectperson Hoffmann � yes, Selectperson Chatelain �yes, Chair Bingham �yes . The Board vote was 4�Yes, OwNo . Respectfully submitted , Erika Mawn , Executive Assistant Approvede 12 / 06 / 2022 Signed * Date Kari Hoffmann , Clerk of the Select Board Date Released , 2/27/2023 BoS 6 , 23 . 21 www . brewster�ma . gov Page 4 of 4 Doc ID : 58a4bOad8d95105d4llO9a5fbd7325ed9953Oe77