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MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES
DATE : July 16, 2021
TIME : 9 : 00 AM
PLACE : 2198 Main Street
PARTICIPANTS : Chair Bingham , Selectperson Whitney, Selectperson Chaffee , Selectperson Hoffmann , Town
Administrator Peter Lombardi
ABSENT : Selectperson Chatelain
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 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.
Chair Bingham stated that the Select Board will enter executive session . Selectperson Chaffee moved to
enter executive session at 9 : 05am . Selectperson Whitney second . A roll call vote was taken . Selectperson
Hoffmann - yes, Selectperson Chaffee - yes, Selectperson Whitney- yes, Chair Bingham ,, yes . The Board vote
was 411,,Yes, 0- No . The Select Board entered executive session .
Audio/video were inadvertently not recorded from entry to executive session until minute 23
Mr . Lombardi was addressing the Board with information regarding another potential buyer for the Sea
Camps properties . If they won the bid , they stated their first stop would be to the Town to determine how
we can work together . It shows that they understand they will need a lot from the Town . By giving public
benefits , which strategically invites us not to initiate a taking, they realize we are first in the queue from a
regulatory perspective . This bidder has a developer, Integral based out of Atlanta and has put together a 40-
page bid proposal .
Regarding Ocean Edge, they have submitted a bid , we do not know if it is for both parcels and do not know
what the bid amount was . We do know that they have not heard back, so they feel it wasn ' t competitive . If
Mr . Lombardi hears anything about Chatham Bars Inn submitting a bid , he will let the Board know .
Mr . Lombardi has requested a meeting with Jim Fleet and Heather Milazzo so that nothing gets lost in
transition . Ms . Milazzo is the point person from Keene Summit that most other interested parties are
communicating with , the meeting is scheduled for Monday afternoon, July 19 .
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At the executive session meeting on Monday morning July 26, Pete Dahl , Elizabeth Taylor and Charlie
Sumner will be attending . Mr. Lombardi did not provide them with the details of the meeting, but believes
they know well enough .
The Board discussed the best meeting set up for the upcoming meetings, having a hybrid situation where
some members are in the same room and others remote, doesn ' t seem like the best option . Often those
that are in the same room share the screen and look very small to all others . It was decided that upcoming
meetings will be held via remote means only, no in person attendance . The plan is to have Mr. Lombardi
deliver the content and the chances of people absorbing it is better using multiple senses . There will be a
PowerPoint presentation for the public forum , a condensed version will be reviewed with the Finance
Committee and Open Space Committee in advance . Selectperson Chaffee stated she expects the biggest
audience in the history of Brewster at Town meeting . Having the visual of the PowerPoint will help the
citizens to follow along and not miss any information , which often leads to misinformation .
Mr . Lombardi is going to check with our technology team if there are any limits of the number of people on a
webinar at the same time . The Board needs to think about how to manage the possibility of hundreds of
virtual attendees . Not all will have to log into the Zoom link, they can watch the live fed . Mr . Lombardi has
already spoken to Kathy Lambert about a planned announcement that will need to be launched on the
website at the end of the meeting on July 26 . The sub - site page will need to be up and running a week from
today, at launch the Town will post the PowerPoint to give residents time to process before all information is
posted .
Mr . Lombardi noted that he believes the other interested parties will be surprised at the Town ' s
announcement, as they probably wouldn ' t expect us to put the eminent domain card on the table this early
in the process . The draft documents for the public forum and the executive session with Finance Committee
and Open Space will need to be edited based on the outcome of the meeting with Jim Fleet and Heather
Milazzo .
The Board discussed how explicit the conversation with Jim Fleet and Heather Milazzo should be, Mr .
Lombardi can speak broadly about being a public entity, that a bid was submitted with a deadline of next
Friday, if we don ' t hear anything, we feel that we need to make a public statement about it . Selectperson
Chaffee suggested that we tell them how important of an acquisition this is for the Town of Brewster, we are
highly motivated to negotiate and gently mention we have the ability of a taking and the Town ' s long history
of successful eminent domain .
Mr . Lombardi shared information about conversations he has had with both Mimi Bernardo and Lisa Vitale
regarding finances . The Community Preservation Committee basically has no capacity, they have spent their
FY22 dollars for the most part and they will not be a major funding source for either parcel . The Bay parcel is
going to require a debt exclusion out of general fund , and we are talking about $ 1 . 5M for the Long Pond
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I S OQ O ' 4DERBq , r� '%= Town of Brewster Seect Boaf d
2198 Main Street Town Administrator
Brewster, MA 026314898
Phone : (508) 896 -3701
Fax : (508) 896-8089
parcel . Mr . Lombardi continued that the Town is anticipating free cash to be certified at about the same
amount as last year, $ 4M . With this, we could fund our capital needs of about $ 5 . 51M and allocate another
$ 1 . 5M to the capital stabilization fund just to pay this project down in 5 years . We would have to issue the
dept, noting that we would have our portion of the payments in the bank in September, ready to go and fully
pay for the Long Pond parcel .
Mr . Lombardi noted that we should have another round of appraisals, he has spoken with someone based
out of Sandwich who was recommended by Mark Robinson , he is well respected in the profession and has
done similar work. Mr . Lombardi had previously spoken with him about peer review of Mark Reenstierna ' s
appraisal back in March . Mr . Lombardi will get a quote and a timeline for the Board .
Another important piece to relay to Jim Fleet and Heather Milazzo is that Mr. Lombardi is working on behalf
of the citizens of Brewster, having received feedback from our residents, it reinforces what we know and
have heard , that people from all different backgrounds and perspectives want the Town to own the
property . Mr . Lombardi noted that he has said this to Jim in a lot of the talking point and statements
already .
The Board reviewed Mr . Lombardi discussing eminent domain in his upcoming meeting, while we would like
to be negotiating and working with you , we have followed your process ( other than the NDA, but we have
remained quiet ) , we feel we are at the point where we need to make a statement . The Town has been
successful in the past using eminent domain to acquire public lands for the benefit of the citizens of
Brewster .
In discussing the outline of the executive meeting with Finance Committee and Open Space , the Board needs
to frame it as an informational meeting, they can take initial questions with the understanding there is a lot
to absorb . They will set up a future executive meeting to have a Q & A session before the public
announcement . Mr . Lombardi told the Board that at the recent Finance Committee meeting, which was
mostly about the schools and feedback for the Board on priority goals for the Strategic Plan , the Sea Camps
was brought up . Mr . Lombardi did his best at giving a short non -answer, he believes they have an idea of
what the Board is doing . Mr. Lombardi believes they will be appreciative to have the opportunity to see the
information .
Selectperson Chaffee shared that she received a phone call a couple of weeks ago from the Chair of the
County Commissioners after news about the Flats Foundation came out and asked her what they can do to
help this group buy the Sea Camps ? Selectperson Chaffee communicated that she was thankful for their
interest and would be in touch soon as this is very important for the Town of Brewster . Their position
seemed to be how they could partner with the Flats Foundation to purchase the property . Mr. Lombardi
noted that the Flats Foundation is the only voice in the room publicly and is shaping the narrative, people
think they are the only option .
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There was more discussion about eminent domain , the Town doesn ' t necessarily want to intervene if there is
a private sale that is underway . There is a fine line between making sure the sellers understand where the
Town currently is and where we have the ability to go, but not wanting them to short circuit the process .
Mr . Lombardi stated that if the Town goes the eminent domain process route, all of the offers on the
properties would be on the table . Selectperson Chaffee noted that a purchase and sales agreement doesn 't
mean the sale is a done deal , she feels that the residents deserve the opportunity to weigh in at Town
Meeting which could signal to a developer an eminent domain situation .
Mr . Lombardi shared that he doesn't believe other bidders think the Town is going to be competitive or even
submit a bid . It seems that these other bidders think the Town is involved to help the family to understand
what can and can ' t happen on the property development wise . Some may think the Town is working with the
family to shape who is going to be the potential owners .
Mr . Lombardi stated that if the sellers make an announcement about a private sale before we make a public
announcement, one major change in the message that we need to get out is that we want to focus on site
control . It felt less important for the Town to talk upfront about all that could be there , in terms of public
amenities, and focus on that the Town doesn 't want these properties to be developed , as there is much
potential for community benefits and amenities . Mr. Lombardi added that if this should happen, it plays into
our strategy of being in a position to prevent it from being privately developed and allows the Town to
control its own destiny .
The Board discussed the impact this will have on the taxpayers and how to present this information . There is
a slide in the PowerPoint that will be dedicated to this point . Mr . Lombardi noted that we could have our
financial advisor who handles all of our major debt provide a one- page overview, looking at the median value
of a home and look at several different scenarios on what the cost impact would be . It was decided that
because the debt won 't come online for some time the analysis has to be of incremental impact of this
project as anything else is speculative , the FY dollars based on this FY valuations, the annual impact would be
X amount of dollars and provide the impact over the course of the debt . There are so many different
variables that will impact the tax rate and debt, we need to acknowledge it, but not present it as one
number . The Town needs to be upfront about the fact that this is for acquisition and there will be other
costs, it doesn ' t get you the beach , parking lots, and improvements .
The Board continued discussion on the financing for the acquisitions and what information will be provided
at the executive session meeting on the 26 and what will be presented at the public meeting that night . The
Board wants to make sure that the residents understand the big picture, there are other capital items
looming, but we don ' t want to scare the residents . The Town has the 5 -year capital plan , we are in a good
position financially right now . The Board will be talking about possible tax relief at their August strategic
planning retreat . We realize that the high school project is coming online, these acquisitions would be
coming online and property valuations are going up, the Board will provide targeted tax relief opportunities
to our residents and reinvest some money we have in overlay and free cash and build in some capacity in our
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�\\0Q �DERe9 Town of Brewster Office of:
Select Board
2198 Main Street Town Administrator
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j budget to expand what we have now in terms of tax relief. The overall message needs to be that we
understand the concern and the Board plans on doing something for tax relief.
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The Board noted the fact that to many it may seem that we are taking on more property to be managed by
the Town , when we still have outstanding projects that need to be moving forward ( Long Pond beach area ,
boat ramp, etc . ) . Chair Bingham asked if this acquisition could affect the Town ' s bond rating . Mr . Lombardi
replied that we have not issued debt in a long time and is hopeful that by the time we talk about issuing this
debt we will have had several clean audits, financial policies, and our overall economic outlook is strong,
! can ' t say we won ' t get downgraded , but even if we did , we would have a really good rating .
i
I Documents Editine :
Selectperson Chaffee discussed the changes in the 4 documents that were provided to the board . She has
incorporated the comments and suggestions from previous meetings . It was requested that the Board review
the updates made under the "Why" section and provide feedback . The concern is that if we provide
information of potential uses, people will focus on those items and miss the important piece of site control
and the goal of preventing the parcels from being privately developed . The Board believes very few will
argue this point, but if we started to talk about beach, community center, housing, etc . there will be mixed
feelings and we will lose the focus . We need to convey that we want to be the masters of our own destiny
and there will be time for people to provide feedback .
The Board will be meeting next Tuesday at 2pm , by this time they will have feedback on how the
conversation with Jim Fleet and Heather Milazzo went and it will provide some clarification on updates to
the PowerPoint presentations . The two PowerPoint presentations will be very similar, the executive session
in the morning will have more financial information . Mr . Lombardi noted that he had a good conversation
with Elizabeth Taylor, and she requested that Mark Robinson attend the Monday morning session . Though
Mr . Robinson has not seen the offers, he has a long history with the Open Space Committee and land
acquisitions in Town .
There will be a department head meeting on Tuesday the 27 in the afternoon , they will receive the email on
Monday night with a note that it will be discussed in person at the meeting the next day .
Selectperson Hoffmann requested some additional updates to the documents, specifically the STM/ ballot
section , there is a lot of important information in this paragraph and would like to structure it differently and
also would like to note that this is an information sharing meeting and there will be an opportunity for citizen
engagement later .
It was noted that Selectperson Chatelain had previously requested information about eminent domain be
provided , clarifying the process of this action . Mr . Lombardi noted that there is some uncertainty around the
ultimate acquisition costs because of the eminent domain process .
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DW e Office of:
Town Of Brewster select Board
2198 Main Street Town Administrator
3 9 n = Brewster, MA 02631 - 1898
Phone : (508) 896 -3701
Fax : (508) 896-8089
�HOORPOAN,Pee 19 15001
Selectperson Chaffee shared that she spoke with the State Ethics Commission last week to get a better
understanding on how the Board can be supportive and what is allowed . She has drafted a summary of the
conversation and will provide it to the Board . Adding that the Board can provide lots of information , voice
our support, provide educational information, just as the Board would do with anything on a warrant article .
Also in a private capacity, the Board could pay for yard signs, post a yard sign , write a letter to an editor with
our title . Selectperson Chaffee stated that we can treat this as a ballot question , it is a political matter, the
guiding document is State Ethics Decision 11 - 1 . Mr . Lombardi will also contact KP Law for additional
guidance .
Mr . Lombardi reviewed the data in the packet from the Coastal Adaptation Strategy regarding sand
accretion , migration , and erosion . The first chart will show that Brewster is accreting sand , the further East
the more sand we are accreting, noting that most is offshore which is increasing the flats . According to the
most recent data ( which is still a little old at this point ) the beach has grown . One other amenity to note is
that there is a significant deep -water channel , the largest we have, it runs diagonally SW to NE . This is unique
to this location .
The Board also agreed that to be included in the PowerPoint presentation is that the Town would want to
commemorate the history of the Cape Cod Sea Camps .
Selectperson Hoffmann moved to adjourn the meeting at 11 : 03 am . Selectperson Whitney second . A roll call
vote was taken . Selectperson Hoffmann - yes, Selectperson Chaffee - yes, Selectperson Whitney- yes, Chair
Bingham -yes . The Board vote was 4-Yes, 0 - No .
Respectfully submitted ,
Erika Mawn , Executive Assistant
Approved : 12 / 05 / 2022 Signed :
Date Kari Hoffmann , Clerk of the Select Board
Released : 2/27/2023
Date
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