HomeMy Public PortalAboutSelect Board -- 2021-08-06 Minutes (2) Town of Brewster Office of:
Select Board
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Brewster MA 02631 - 1898
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MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES
DATE : August 6, 2021
TIME : 8 : 30 AM
PLACE : 2198 Main Street, Town Hall Room A
PARTICIPANTS : Chair Bingham , Selectperson Whitney, Selectperson Chatelain , Selectperson Chaffee ,
Selectperson Hoffmann, Town Administrator Peter Lombardi , Assistant Town Administrator Donna Kalinick
Call to Order & Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Bingham called the meeting to order at 8 : 30am . A quorum was declared , all Select Board members
present were announced , Chair Bingham read the meeting participation and recording statements .
Matters Not Reasonably Anticipated by the Chair : None
Consent Agenda
• Pass Through Town Permission : Pan - Mass Challenge ( August 8, 2021 )
Selectperson Chatelain moved the consent agenda for August 6, 2021 , Selectperson Hoffmann second . A roll
call vote was taken . Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Chatelain -yes,
Selectperson Whitney-yes Chair Bingham -yes . The Board vote was 5 -Yes, 0- No .
Selectperson Chatelain moved to enter executive session at 8 : 34am and not to return to open session .
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 .
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.
Mr . Lombardi shared that the Schaeffer family has expressed their interest in donating more funds in the
acquisition for the Bay property , The Schaeffer family are also the anonymous donors for the elevated
boardwalk . In meeting with the family, they have pledged $ 1M in total for the acquisition , $ 250K for the
Long Pond Parcel , $ 50K over the first 5 years, and another $ 50K over the first 5 years on the Bay Parcel and
then increasing that to $ 100K for the next 5 years , Mr . Lombardi noted that the family does have
contingencies ; recognizing that the possibility of eminent domain will take time , they did not want to start
transferring funds until this was resolved . Additionally, they do not want any new housing construction on
the Bay Parcel as they don ' t want to see the property developed . They were clear that this is the reason they
are helping the Town with the acquisition . For the Bay parcel , the Schaffers know the Town has been
approached by organizations offering funds in exchange for considerations . Mr . Lombardi advised the
Schaffers that the Board has discussed potential short-term rentals to offset some of the costs . Mr. Schaffer
in response did not have an issue with this, as they are looking to prevent major/ new construction .
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Mr . Lombardi clarified that he did specifically speak to Mr. Schaffer about a community center, and he had
no issues with this . Mr. Lombardi noted that there are a number of structures on the property that could
potentially be repurposed for some type of housing, at this time, we don ' t know where this will go or what
the residents will support .
Select Board members expressed their opinions about the donations and contingencies . There was
discussion about the donation and how to allow resident feedback and providing an option to both the
Schaeffers and the Town to opt out, this would need to be reviewed with legal . The Board had concerns
about constraints with the Bay Parcel .
Mr . Lombardi noted it is important to know that the Brewster Conservation Trust pledge of $ 1 . 5M for the
Long Pond parcel was not negatively impacted by the Schaffer' s pledge . Mass Audubon has put an open -
ended offer of contribution of $ 1M for the Bay parcel and we have the framework of an agreement on the
Long Pond parcel . With the Bay parcel , we have stated to Mass Audubon thank you , but not at this time . If
we are accepting this donation , and giving ourselves and the donor flexibility, the question is where does it
end and why wouldn ' t we do this for other donations and pledges . There was discussion on how this would
be presented to residents .
Selectperson Chatelain proposes that we accept the gift graciously, but do not accept the conditions at this
time , providing the Town and the Schaffer' s the ability to opt out . Mr. Lombardi noted that an exclusive opt
out by each party gives the right amount of flexibility to each party . Selectperson Chaffee seconds . A roll call
vote was taken . Selectperson Hoffman -yes, Selectperson Chaffee-yes, Selectperson Chatelain -yes,
Selectperson Whitney-yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0 - No .
Mr . Lombardi will reach out to both Mass Audubon and the Trustees and communicate with them about the
private donor and the terms of the pledge . There was discussion about additional donations from residents,
this process will need to be reviewed with counsel .
YMCA Discussion
Mr . Lombardi shared that the YMCA is moving forward with their next phase of the lower cape feasibility
study . Mr. Lombardi has spoken with Stacy Peugh , YMCA President/CEO, who confirmed they are still
interested in a potential partnership with the Town . Ms . Peugh relayed that one of their major donors was
interested in purchasing the camp directly, however in the donor speaking directly to Jim Fleet, it would cost
$ 30- $ 35M to purchase the Bay parcel and that it would never be a residential camp again . This is no longer
an option for the YMCA to purchase directly . The YMCA recognizes that this parcel is very unique, Mr.
Lombardi noted that the YMCA would bring a lot of capacity in fundraising and building public interest .
All members of the Board are excited about this potential partnership and believe that the YMCA could take
some responsibility of the property and programing right from the start, with the understanding that
Brewster residents get special consideration with programming . The partnership would need to work in a
way that is complimentary to both the Town and the YMCA . The Board feels it is important that the voters
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hear this before Town Meeting as it brings so much to the table , not just money . It was agreed that Mr .
Lombardi will continue discussions with the YMCA .
Mr . Lombardi noted there was an initial staff meeting with relevant department heads on how to manage
the property in the interim period , as the eminent domain could take years . The planning process will take
several years and there will need to be appropriations made, likely over 3 - 5 years . Mr . Lombardi shared that
it becomes easier from the Town ' s perspective if we enter a lease agreement with a provider that is
responsible for management, oversight, insurance, etc . There was discussion on how this would be
presented at the public forum and agreed that we would want as much programming as possible for all ages
and with resident preference .
Conversation with Jim Fleet & Heather Milazzo
Mr . Lombardi shared that we have not heard back from Jim Fleet, when speaking with Ms . Milazzo she
stated that they stand at the $ 32M price and Mr . Fleet is unavailable at this time . Ms . Milazzo said that if the
number gets out to the public, they know where it came from . Mr . Lombardi assured her that the Board has
been meeting in executive session .
In an email to them , Mr . Lombardi requested to shoot a video and take pictures, Mr . Fleet responded that
given how far apart in price we are, doesn ' t have more to say . However, received an email from Ms . Milazzo
on Tuesday and she shared drone footage and images . She also mentioned that they would allow a small
group on the property . The Board would like to access the property to take their own pictures and video
footage . The goal for the video is a virtual tour with labels of the buildings and locations .
The public forum is in 10 days, the whole point of the strategy is to get the sellers to the table and that hasn ' t
happened . Mr . Lombardi stated that as soon as we give a number, we are done negotiating, once it is public,
we don ' t have any room to maneuver . If we are not actively engaged in negotiations, we have an obligation
to go to the public and let them know what we bid on the properties and what we are seeking approval for .
Selectperson Chatelain moved to give a deadline of Friday August 13th to the sellers for a response .
Selectperson Chaffee second . A roll call vote was taken . Selectperson Hoffmann -yes, Selectperson Chaffee -
yes , Selectperson Chatelain -yes, Selectperson Whitney-yes, Chair Bingham -yes . The Board vote was 5 -Yes , 0-
No . Selectperson Chatelain amended the motion to include a time of 12 : OOpm . Selectperson Chaffee
second . A roll call vote was taken . Selectperson Hoffmann -yes, Selectperson Chaffee-yes, Selectperson
Chatelain -yes, Selectperson Whitney-yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0 - No .
Conversations with Hale and Jim Fav
Mr . Lombardi noted that Chris from Hale is managing the messaging for the Brewster Flats Foundation . The
Board reviewed the statements made by Jim Fay, including that the Brewster Flats Foundation is going to be
coming out with a statement that endorses the Town . However, Chris said that they have already said what
they were going say, they have hope for their proposition , but also supportive of the Town ' s purchase and
not having the property be developed . The Town has not been explicit in the initial announcement about
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who we would be partnering with , some folks may think that we will be partnering with the Flats
Foundation .
Additionally, Chris' s assumption is that the Town is at the table and all the other players are out of the mix ,
Mr . Lombardi did not tell him otherwise . Chris also believes it would be beneficial to get the Sea Camps
alumni list, because how it was sold was that these folks have a vested interest in the property, they are the
potential donor base if we are looking to raise money to offset the costs of acquisition . The alumni would
hypothetically donate to the Town , where they would have otherwise donated to the Flats Foundation . Mr .
Lombardi believes they are looking for this information to run their own parallel process and they clearly
have now pivoted to that they aren ' t going to purchase the property but try to carve out a space at the table
as part of the public process to get a residential camp .
WVchmere Group Conversation
Mr . Lombardi spoke with Sean Curran , their bid expired at the end of July and Phoenix wants them to extend
their offer, which makes it seem that they are at the table . The sellers have asked the group to remove their
permitting contingencies, their response was that they would then need to be released from the non -
disclosure agreement, so they can negotiate with the Town . The Wychmere group is waiting to hear back
from Phoenix .
Another element to their pitch to the Town was about a public beach on the Bay with parking, recreational
fields and on Long Pond a public beach . He clearly said affordable housing on Long Pond , no idea of the
number of units and high - end residential homes on the Bay . Mr. Curran relayed to Mr . Lombardi Jim Fleet' s
comments that the family is going to take the highest dollar amount even with contingencies .
Ocean Edge & Chatham Bars Inn
Mr . Lombardi believes that Ocean Edge has heard nothing new and assumes that Chatham Bars Inn has
submitted a bid .
Mr . Lombardi also shared that he has heard nothing from the Kennedys . Mr . Lombardi stated that he has
not been actively reaching out . Mr . Lombardi heard from some of the others that there is supposedly a
$ 12M offer from a high end "glamping" national outfit for the Bay parcel . Mr. Curran relayed that he met
with a colleague who is a developer with a lot of money and in causally talking about the Sea Camps , this
individual said they also put a bid in . Selectperson Chaffee shared that at a recent fundraiser she heard that
Danny Davis, director at the Cape Rep Theatre, has put in a bid at the Sea Camps with a vision to put in an art
complex and condos along the beach to pay for the complex .
In terms of eminent domain , it would impact whoever the title holder is . Mr . Lombardi thinks that it is clear
the Town ' s plans as we are moving forward with the Special Town Meeting and local election . Others are
well aware eminent domain is on the table . Selectperson Chaffee noted that in our messaging it is important
to state that if we choose not to acquire these properties, there are other organizations waiting to purchase
the properties .
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Miscellaneous Information
• Announcement was put on the website yesterday about the goal alignment documents, including the
Housing Production Plan goals that align with the acquisition .
• Looking for the Board to call the Special Town Meeting for September 25th at 10am , with a rain date
on September 26th , Mr . Lombardi is confirming if both Shirin and Jonathan from town counsel will be
available .
• Local election will be held on October 51h from lam — 8pm at the Brewster Baptist Church . The State
legislation extended mail in voting, so the 3100 residents that requested mail in ballots will receive
them automatically, others can still sign up . We will work with Town Counsel on the debt exclusion
language, the plan is to vote on this on August 23 at the latest . We can then order the ballots and
should have them by September 1 . The Board can then decide when they will go out . The Board
agreed that as much information as possible is in the hands of the residents before the election .
Selectperson Chaffee moved to hold September 15th as a placeholder date to mail out the ballots .
Selectperson Chatelain second . A roll call vote was taken . Selectperson Whitney-yes, Selectperson Chatelain -
yes, Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Chair Bingham -yes . The Board vote was 51t,Yes, 0,44,
No .
Town Warrant
If the warrant is to be in the September 17th edition of the Cape Codder, the finalized warrant must be
submitted by Friday August 27th . The commentary is what explains the warrant articles, it will need to be
neutral , but informational . The difference in this case is that we will have provided a lot of information to
residents already .
The Board discussed options for the warrant, including how to get the warrant to residents, or advise them
where to pick up the warrant at various Town buildings . As well as the cost of the mailing of the warrant to
each resident, posting the warrant online, and a one - page informational mailer to residents . There was
agreement that August 27th is soon , and the Board is not feeling comfortable about having the warrant
completed . If this is the case, Mr . Lombardi can work with counsel on what could be included in the mailer
to voters relative to information about the warrant and whether we can give a yes/ no component . Town
Administration will also look into costs associated with direct mailing . The Board expects at least a 750
resident turnout and possibly more . Selectperson Chatelain moved to decline publish in the Cape Codder
and have Town Administrators explore with Town counsel how best to communicate as much as possible to
meet the legal obligations and to assess the costs of mailings . Selectperson Chaffee 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 .
Article and Ballot Question Review
Mr . Lombardi noted there are still some outstanding questions with counsel and has included DLS guidelines
for the two proposed articles . There is an article for each property which includes standard language in
acquiring the properties through purchase , gift and /or eminent domain . There are a series of potential uses
for the Bay parcel and lists habitat protection , watershed protection , open space , conservation , passive
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recreation , active recreation , community housing and/or general municipal purposes . Adding that on the
Bay we don ' t know what we are going to do, we don' t want language that would preclude us from doing
something that we might want to do in the future .
There is language that about granting conservation easements or restrictions and leaves it entirely up to the
Select Board . If we were to grant a conservation restriction, then the Conservation Commission would have
care, custody, and control for that portion of the property . Mr. Lombardi will ask Counsel about Long Pond
and ask if we want a certain percentage of the property to be protected by a conservation restriction , as of
now is completely open ended . Mr . Lombardi stated that if there were a restriction , we are saying that the
Select Board decides who holds those restrictions, either by the Town or another entity . This is the same
language for both parcels, we will leave it open for the Bay, but explicit for Long Pond .
Selectperson Chaffee requested a change in the language that currently reads "some or all parcel of the
land . " She also noted that the prices are missing, and this will be a big hurdle if we don ' t nail down what we
are willing to spend . Mr. Lombardi will check with Town and Bond counsel on including the dollar amount in
the article itself. Selectperson Chaffee noted that we are mentioning the Conservation Commission in the
warrant article but have not had any interactions with them . Mr . Lombardi will reach out to the Chair to
advise they are mentioned .
There was discussion regarding the Long Pond article' s conservation restrictions and the language naming
both Brewster Conservation Trust ( BCT) and Mass Audubon .
The Board agreed not to mention a specific percentage of the parcel for conservation restriction and to not
name specific entities that will be granted easements . Mr . Lombardi will review previous acquisitions with
BCT to see if they included any specific language . Mr . Lombardi also pointed out that we may need to be
explicit about the Long Pond parcel as it is in the slide deck . We will need to be clear to residents our
commitment to Mass Audubon and BCT . There will be more discussion on this topic at a future meeting .
Slide Deck Review
Selectperson Chaffee noted the PowerPoint in the packet is an expanded version of the public forum and
sees this as the single biggest opportunity to get our message out . Adding that some of the information has
been shaped by comments in social media and trends in comments that have come in so that we can dispel
misinformation and get out all the positive messages that the Board has discussed .
It is important that each member owns a piece of the presentation and makes it their own , the Board doesn ' t
want it to feel like it is scripted . Mr . Lombardi discussed setting expectations for the public forum , next week
the Town will refresh the message about the forum . The Board agrees to have the presentation timed to 45
minutes at most and allowing for an hour and 15 minutes for a question -and - answer session . There will also
be a contact provided for additional comments/ questions after the forum has ended .
Selectperson Chaffee reviewed the slide deck and noted any changes .
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• A new slide demonstrates if we acquire the Bay Property, we now have an extensive 1450ft
continuous public beach .
• Pictures have been inserted for the Bay parcel with appropriate credit .
• Addition on how the Housing Production Plan goals is met .
• Celebration slide of the legacy of the Cape Cod Sea Camps, noting it has a rich past but unlikely that a
future camp would be viable . It will be clear that we are not partnering with Brewster Flats
Foundation . There was a suggestion to add the word " residential " in front of camp .
• Section has been added regarding revenue generation and actions that could reduce costs, agreed
that this will be a general slide
• Partnerships ( Public & Private ) , include partnerships, private donors, potential revenue generation ,
and not include BCT, MA Audubon and YMCA. The Board had discussion on these slides and would
like to speak to potential partners before the final slides are completed . They also agreed not to
provide detail on potential revenue generation .
• Eminent Domain slides are expanded so that we can be clear with the residents and so they
understand the process .
The Board discussed which member should present which articles and the order of the slides .
Additional Topics
The FAQs will be posted after the public forum and will be announced at the end of the public forum .
There will be a web announcement that addresses questions from residents in the interim on why we don ' t
know anything about the money . This will be done after next Monday night' s Select Board meeting .
Selectperson Chaffee shared information about "Sea Camps for the Public" committee . She also shared a
summary of her conversation with the State Ethics counsel and provided member with Ethics Advisory
Mr . Lombardi shared that part of his conversation with Tom Devane of Ocean Edge , regarding the Bonnie
Doone property is that the planned use is for a private family residence compound and not use by Ocean
Edge .
Adjournment
Selectperson Chaffee moved to adjourn the meeting at 11 : 53am . Selectperson Chatelain second . A roll call
vote was taken . Selectperson Hoffmann - yes, Selectperson Chaffee - yes, Selectperson Chatelain - yes, Chair
Whitney-yes, Chair- Bingham -yes . The Board vote was 5 -Yes, 0 - No .
Respectfully submitted , Erika Mawn
Approved : 12 / 19 / 2022 Signed :
Date Kari Hoffmann , Clerk of the Select Board
Date Released : 2/27/2023
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