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HomeMy Public PortalAboutSelect Board -- 2021-08-13 Minutes (2) v���01A1A111E EW T i OQ �DEReA �9 ��� Town of Brewster :: � office of: Qdod Fig ,, Select Board old,' _; r� "m'z a ' 2198 Main Street Town Administrator O ; " Brewster, MA 026314898 old l� � Y = — kt`' �' = Phone : (508) 896 -3701 1 1Nod — �� I www. brewster-ma . gov IN Nod MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES DATE . August 13, 2021 TIME : 1 : 30 PM PLACE : Remote Participation ALL PARTICIPANTS ARE PARTICIPATING REMOTELY : 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 1 : 30pm , conducted a roll call vote of attendance, declared a quorum present, and read the meeting participation and recording statements . Discuss and Vote Bonding Requirement for the Water Department Generator Project Peter Lombardi reviewed that this project' s appropriation was approved by Town Meeting in May and that the number that we were originally carrying was almost double the amount . He added that the scope was revised , and costs were updated . Mr . Lombardi asked the Select Board to vote on the requirements per Bond Counsel and Town financial advisor in order to issue this debt . Selectperson Chatelain moved that the maximum useful life of the departmental equipment listed below to be financed with proceeds of the $ 678, 00 borrowing authorized by the vote of the Town passed May 15, 2021 , Article 9, is hereby determined pursuant to G . L . c . 44, § 7 ( 1 ) to be as follows, purpose , generator- water department, borrowing amount $ 678, 000, maximum useful life, 30 years . Selectperson Whitney second . A roll call vote was taken . Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Chatelain -yes Chair Bingham -yes . The Board vote was Sol 0- No . Matters Not Reasonably Anticipated by the Chair None . Executive Session : To consider the purchase , exchange, lease or value of real property at 3057 Main Street and 500 W H Besse Cartway 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 at 1 : 35pm and would not be returning to open session . Selectperson Chatelain moved to enter executive session . Selectperson Whitney second . A roll call vote was taken . Selectperson Whitney- yes , Selectperson Hoffmann - yes, Selectperson Chaffee - yes , Selectperson Chatelain , Chair Bingham -yes . The Board vote was 5 -Yes , 0- No . The Select Board entered executive session . BoS 8 - 13 - 2021 www . brewster- ma . gov Page 1 of 12 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 \\\\\\\\\\\%\t1lI I I I I I I I I I/J/////// \\\\\\ 6R E W $ � o� F ��EKr `a9 ��' = 'Town of Brewster office of: Select Board Q ��4"` 2198 Main Street 3 fiYoQ p c y Town Administrator o N - Brewster, MA 02631 - 1898 V _ �° �' Phone : (508) 896-3701 www. brewster- ma . gov A ft INooAPOA I(eelf I I I I III1\\\\\\\\\\\\\\ Each party present recited the following statement : " No other person is present or able to hear the discussion at this remote location . " Mr . Lombardi reminded the group that the reason for today' s meeting is that it was conveyed to the broker that the Town needed to understand if they were willing to negotiate or not by noon today . Mr . Lombardi had sent an email with no response earlier this week, after sending a second email he received a call from Heather Milazzo . Mr. Lombardi recapped the conversation , saying basically she stated that the Town has the number that they are looking for, which for both parcels is $ 32M . Mr . Lombardi responded that we are getting a lot of questions from residents about the acquisition costs and the financial impact on the tax rate , which will need to be provided to them at some point , however we don ' t want to do this too early in the process as it would make it harder on both sides to negotiate . Mr. Lombardi asked if they were open to the Town countering, Ms . Milazzo' s response was yes, at $ 32M . Mr . Lombardi stated that this it not negotiating, nor how it should work . Ms . Milazzo made it clear that they are not moving off that number as this is the direction the broker has received from the Board and the family . Mr . Lombardi noted that it is fair to say, unless the Select Board decides to offer $ 32M the sellers will not be engaging in negotiations with the Town as they continue to say we are "oceans apart . " This information presents the Board with a series of discussions around what to be included in the public forum as the sellers don ' t seem interested in changing their approach . Mr . Lombardi shared that during the tours of both parcels yesterday, during a quiet moment with just Heather Milazzo he tried to have a face4o- face conversation to understand their position , conveying that we are having a hard time understanding . Mr . Lombardi asked if they are expecting the votes not to pass at Special Town Meeting and local election . Ms . Milazzo was very defensive and noted that the brokers are working with a Board who all have different positions on the situation, it is complicated , and they stand at the $ 32M number . Selectperson Chaffee commented that it is clear where they stand and they don' t want to negotiate, this leaves the Town with one option , eminent domain . Selectperson Hoffmann confirmed with Mr . Lombardi that Ms . Milazzo stated that the Board and the family have different opinions on the situation . Mr . Lombardi responded this is what was inferred , there is not a united front, which is the reason this is taking longer and why they are in the position that they are in . Selectperson Hoffmann noted it might be worth documenting these types of conversations should they come up in a situation of judgement . She also asked if sticking to the $ 32M will have an impact down the line in an eminent domain situation ? Mr . Lombardi stated that at this time we believe there are bids slightly below this number, if the sellers would be willing to agree to $ 32M with the Town, then presumably if there was an offer of that amount, they would have agreed to it already . Adding that their request for $ 32M sets the ceiling for what our potential financial exposure is if we took the eminent domain route and received a judgement, ultimately it would be up to a jury . Mr . Lombardi noted that we would have our appraisals and they will have recent bids in some form to bolster their position , it is fair to say it is going to be 50% above where we think their valuations are . BoS & 13 - 2021 www . brewster- ma . gov Page 2 of 12 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 �W IS / r Office °f. / ' ff ��oERe 9 � : Town of Brewster o , of 9F ,, Select Board 2 ; Q ate, ?s = 2198 Main Street Town Administrator 0 r' U) = Brewster, MA 02631 - 1898 Phone : (508) 896 -3701 www, brewster-ma . gov 00 Al //\ iirrr0,siI iitoo$ fluI) Selectperson Chaffee questioned if there is any value in making a motion that we offer $ 32M and voting on that for the record ? It was decided to table this question . Potential Partner- YMCA Mr . Lombardi had a conversation with Stacey Peugh, the executive director at the Cape Cod YMCA, who expressed the YMCA' s Boards interest in both a short-term and long-term partnership relative to a lower cape YMCA and community center . Mr . Peugh noted that there was an executive meeting to discuss the Town ' s explicit mentioning of the YMCA as a potential partner both broadly and more narrowly around the idea of a community center, shared facility and both public and private partnership, it was voted unanimously that they would be in support and are very much interested in working with the Town . Ms . Peugh originally conveyed that their interest might be in a residential camp, during the interim period , Mr . Lombardi explained the Town would be hesitant to go that route . After talking it through it was clear that having all either a day camp and/or all ages programing would be a better fit . Residential camps are more financially lucrative than day camps, but if they are going to have a presence on the site long term , it would be much easier to have something along those lines on an interim basis that is then transitioned to a fully formed concept once the Town understands what we are going to do there . Mr . Lombardi noted that this is all very high level at this point, but there is definitely interest and capacity there . On the idea of a lower cape Y and community center public/ private partnership , Mr . Lombardi stated that they actually started their next phase of market research last month . The original data they believe was flawed due to the way the survey instrument was structed . Adding they believe people were thinking of joining a YMCA during a pandemic . The YMCA is already looking to restart the process and are now looking at doing the market research for Brewster, Orleans, and maybe one or two other towns in our area . Mr . Lombardi noted that they would specifically include the address of the Bay parcel in their market research , if there was an affirmative vote at Town Meeting and at the ballot, knowing if the data would support it . The YMCA Board agreed to hold off on this until the Town got through our process . Ms . Peugh conveyed they are interested in having a joint meeting with their executive members and the Select Board to talk through the alignment in the coming months, nothing before the votes though . Mr . Lombardi added that in talking to Town counsel , since we think this is not going to be a friendly taking and we are going to have to follow the eminent domain process which requires taking property for a public purpose , we have to be careful in getting too far ahead of ourselves in terms of the YMCA being a " partner" where that could be conceived of as a private party . Town Counsel , Shirin Everett, mentioned to Mr . Lombardi that she felt like the YMCA is not for profit and creates public good , but it is something we need to tread carefully on . Mr. Lombardi added that we might find ourselves in a position where our argument around public process could be chipped away at by their legal counsel if they will fight as it seems they will . The way we reference it in the script and slide deck isn ' t problematic, more about the Q & A portion and the conversations with residents . Selectperson Hoffmann asked if in terms of a private party, would this also include the Audubon and Brewster Conservation Trust ? Mr . Lombardi responded , no because our relationship with them is mainly BoS 813 - 2021 www , brewster- ma . gov Page 3 of 12 Doc ID ; ac96dfOc8995b978498dOac3d2d6333efOf36731 WS, T ////- o� o� oERagF9 - Town of Brewster office of: e i� Select Board 2198 Main Street 3 L � A = Town Administrator _ o a _ Brewster, MA 02631 - 1898 �' , Phone : (508) 896-3701 www . brewster- ma . gov around a conservation restriction . With Mass Audubon and programming on the Long Pond parcel , it would probably have to be structed as a licensed agreement or we would have to follow a procurement process . Adding that through a license agreement we could give up to two years notice for termination or something along those lines, but we shouldn ' t worry about talking about these two partnerships for public purpose reasons . Short discussion on how the Town can use YMCA in the forum around a community center and private/ public partnerships, it was concluded that what we have written was fine . Potential Partner — Mass Audubon Mr . Lombardi shared that he expects to talk to them early next week, in regard to some detail on programing and how it could be structed through a licensing agreement . He will also confirm the following : • The extent to which they are comfortable with us referencing them as a partner at the public forum . • Let them know we are now entertaining open ended pledges on the Bay property with the option for either party to opt out . Basically, no strings attached generic pledge offer to assist with acquisition of the Bay property . Potential Partner - Trustees Mr . Lombardi reached out to them particularly on including them as a possible partner, nothing that there is nothing concrete with them on either property . Mr . Lombardi shared that they planned on talking amongst themselves and getting back to us . Adding that they seemed impressed with the Town ' s strategic decisions over the past couple of weeks, as they do this a lot, and were excited at how the Town positioned themselves . Up until this point, they didn 't want to be attached to any other entity, but it seems like they would want to be listed as a potential partner . Potential Partner — Brewster Conservation Trust (BCT) Mr . Lombardi noted some of the same for BCT, he expects it to be easier since this is a well - established relationship, no one should be surprised or concerned if we list them as a partner . Also asked both BCT and Mass Audubon if they are okay with us listing the pledge amounts for the Long Pond acquisition , which is $ 1 . 5M from BCT and $ 1M from Mass Audubon , once he has confirmation , he will inform the board . Schaffer Donation Mr . Lombardi updated the board that we are waiting on a draft gift agreement . They will want stipulations on no new housing construction . Ms . Everett will be drafting the agreement with basically no strings, with an option for either party to opt out . Once Mr . Lombardi has this document from Ms . Everett, he will reach back out to the Schaffer' s noting it has been about a week and half, we want them to know we are responsive and that at this point we are not comfortable with any contingencies and why . Discussions regarding logistics in regard to the Warrant: Mr . Lombardi stated that the new deadline to include the warrant in the Cape Codder is Sept 3, 2021 . Noting that we have checked on a couple different of options, including to have other printing options, both scenarios end up around $ 8 -$ 9, 000 for costs . With the expected appraisal and bid amounts on Tuesday night, Mr . Lombardi feels like a Sept 3 deadline may not be too soon , as there is not going to be much that BoS 8- 13 - 2021 www . brewster- ma . gov Page 4 of 12 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 OQ . ;o�E4DERe �9 '''% Town of Brewster office of: Select Board 2198 Main Street Town Administrator EE o U = Brewster, MA 02631 - 1898 Voss — y ' �' = Phone : (508) 896 -3701 r _ _ www, brewster-ma . gov OORPORht EO ' ��\\ • i"tooiniSO INIri kk will change between now and then . Noting that it is just a matter of finalizing the warrant and pulling information together, the main reason he was hesitant about the traditional Cape Codder route is that we didn ' t know if we would be actively negotiating . Since we are not at this point, completing this in 3 weeks and giving the residents what they are used to may be a better thing . Mr . Lombardi added that a postcard mailer that informs residents about special town meeting, the local election , and mail in ballots with a link to where the warrant is available on website and which Town offices, the cost was around $ 3 , 000 . The standard Cape Codder insert is between $ 1800-$ 2000 . The Select Board had discussions on the various options to notify residents of the upcoming Special Town Meeting, including the costs associated and Town staff time involved . It was reviewed all that the Town is currently doing to get word out to voters including, the website, announcements through email and social media , press releases, an option for potential reverse 911 call and a carefully rehearsed PowerPoint presentation . The Select Board is leaning towards using the Cape Codder inserts and placing the warrants in various local stores at their check out counters, as well as the reverse 911 option . Selectperson Chatelain moved to use the Cape Codder to publish the warrant for Special Town meeting for the Sea Camps . Selectperson Hoffmann second . Selectperson Chatelain amended to approve to employ a reverse 911 prior to the day of the meeting . Selectperson Hoffmann second . A roll call vote was taken . Selectperson Whitney- yes, Selectperson Hoffmann - yes, Selectperson Chaffee - yes, Selectperson Chatelain ,,, yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0- No . Mr . Lombardi mentioned the two pager regarding state ethics that Selectperson Chaffee had shared with the group , indicating what the Select Board , non -elected Town officials, staff and appointed Board /Committee members can and cannot do . Town Counsel , having reviewed this document, agreed with the guidance , in terms of various Boards and Committees who may want to weigh in , they can discuss and if they want to vote, Counsel advised that they vote on warrant articles and not the debt exclusion votes . Mr . Lombardi stated that we will be sending the guidance around to boards and committee chairs, staff and department heads . Mr . Lombardi confirmed that both Town Counsel members Shirin Everett and Jonathan Silverstein from KP Law are available on both September 25th and 26th . Also, that the debt exclusion votes at the ballot are simple majority and the warrant articles for the acquisition are both 2/3 votes . Special Town Warrant Review Mr . Lombardi shared that he had a conversation with Town Counsel and reviewed the following changes : • Language was updated to be more specific and clearer . • Included language in both articles, as an option, we could include language which specifically called out that a Conservation restriction could be placed on a certain minimum percentage of one or both properties . ( More for the Long Pond than the Bay parcel ) . • We don ' t have to convey any portion of the property to the Conservation Commission . Gives discretion to the Select Board . BoS 8 - 13 - 2021 www . brewster- ma . gov Page 5 of 12 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 \kkWIM11111/11/ i , C �'�1It At I t.OER g.T4$1,%; Office of: O .,`oF q� Town of Brewster select Board 2198 Main Street 3 A _- Town Administrator � o Brewster, MA 026314898 �' Phone : (508) 896 -3701 www . brewster-ma . gov • Relative to including specific amounts regarding acquisition costs, this can included , but we don ' t have to . However, we do have to include an amount in the motion on the floor at the Town Meeting, like we do on a budget article . Town Counsel ' s concern is if hypothetically between now and then we come to a negotiated agreement, making a motion to amend on the floor at Town meeting, is outside of the scope of the article . The bridge is too far because of the amount of money, we can leave it open ended and remain silent, which is the recommendation from Counsel . • Suggested under the list of purposes for the Bay parcel that we explicitly reference a community center as one of the purposes, part of the reason is so that our conceptual private/ public partnership with the YMCA can ' t be construed as anything other than a public purpose and the purpose for which the Town meeting has already voted . • Agreed language on Long Pond parcel, planned to appropriate $ 1 . 5M of free cash to reduce the costs of debt issuance for the Long Pond parcel . There will be a meeting with financial advisors early next week, ultimately instead of issuing $ 4 . 21VI of debt we would issue $ 2 . 7M . Really all that we would be carrying for the 5 years are the amounts necessary from BCT, Mass Audubon and Water Commissioners . • Because we are not bringing a specific plan to Town meeting in terms of uses for properties, once we have gone through community engagement, input and developed a master plan for each property we will have to go back to Town meeting for approval for each plan and the approvals are 2/3 vote . Mr . Lombardi added that assuming the eminent domain route, the Town Meeting motions must include specific amounts, if ultimately, we appropriated a certain amount and judgement is a higher amount, we would have to go back to Town Meeting and local election to appropriate the difference . Select Board members asked questions regarding the edits in terms of community center language , active and passive recreation and education . Mr . Lombardi will review with Town Counsel on these specific questions . Selectperson Chatelain moved to accept Town Counsel ' s edits ( to not call out the Conservation Commission as holders of the conservation restriction, to not include a percent of land , to add language regarding a community center and not include specific numbers ) for articles 1 and 2 of the Town Warrant , Selectperson Chaffee second . A roll call vote was taken . Selectperson Whitney- yes, Selectperson Hoffmann - yes, Selectperson Chaffee- yes, Selectperson Chatelain -yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0 - No . Mr . Lombardi reviewed Article 3 of the warrant, stating that assuming we go the eminent domain route and that there are approvals for acquisition of one or both properties, we don ' t have an appropriation to cover the costs associated with property maintenance, oversight and upkeep . Adding that based on initial conversations we are purposing to include an article appropriating $ 200, 000 of free cash to cover the costs for at least this fiscal year. Mr. Lombardi noted that the only other way we could fund these costs would be through existing budget appropriations, DPW or otherwise, which were crafted without the Sea Camps in mind or with the reserve fund transfer from the Finance Committee . Adding that while you could take the position these are extraordinary and unforeseen expenses, they only have $ 100, 000 available and there is BoS 8- 13 - 2021 www . brewster- ma . gov Page 6 of 12 DOC ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 rSrT�.rrrrr 0QI Eo� ��oEii's9 . 9 Town of Brewster Office of: Select Board 2198 Main Street Town Administrator O ; = Brewster, MA 02631 - 1898 Phone : ( 508) 896 -3701 r www, brewster-ma . gov 'NCORP ORGY EO \\\\ //rna� iriruni In �ao`\0 concern that this wouldn' t' be sufficient . Mr . Lombardi stated it is important for residents to know that we have the means to take care of these properties during the interim period . A simple majority vote is needed . Selectperson Hoffmann requested that security be part of the appropriation . Mr . Lombardi noted that Ed Barber from the Sea Camps, while there have always been trespassing issues, there haven ' t been issues of vandalism at either property . Mr . Lombardi brought up one of the major concerns was mowing of the Bay property . Currently Mr . Barber mows the entire property himself every couple of weeks, it takes him a day and a half with a single 5ft mower . Mr . Lombardi spoke with Griffin Ryder, DPW Superintendent, who agreed that the DPW could care for the property yard maintenance through the interim period . Mr . Lombardi also noted that the YMCA understands the Town is interested in some sort of lease agreement where they assume a lot of these responsibilities, hypothetically . Mr . Lombardi expressed that it is important we have an appropriation and plan on carrying these costs, as there is a possibility we might be able to sub them out as we move forward . Discussion ensued regarding what the Town can engage in once the property is owned by the Town or in the interim of the eminent domain process . Mr . Lombardi thinks that we could engage in parallel with inviting residents' input, developing the master plan , while at the same time working with the YMCA, noting that Town Counsel didn ' t have any concerns with doing this publicly, after the votes , just not before . Mr. Lombardi will clarify with Town Counsel , but his understanding that the during the interim period before the development of a master plan , we can conduct any activities that were consistent with the listing that is included in the warrant articles ( habitat protection , water shed protection, open space , conservation , active recreation , community housing and general municipal purposes . However, during the bridge time we couldn ' t for example, seek an appropriation to build a new access road to the beach and new parking lots . We can ' t do much in the way of permanent physical enhancement of either property until the master plan is adopted . There was additional general discussion among the Select Board members in regard to the timeline of the master plan development and eminent domain judgment . Selectperson Hoffmann asked is the $ 200, 000 appropriation will be per year . Mr . Lombardi responded that this is a onetime appropriation that survives fiscal years, adding that we may have to go back to town meeting for another capital appropriation or inclusion in the FY23 operating budget . This appropriation is enough to get us through next spring as it is a conservative amount . Selectperson Chatelain moved to accept the third warrant article with the inclusion of security language . Selectperson Chaffee second . A roll call vote was taken . Selectperson Whitney- yes, Selectperson Hoffmann - yes, Selectperson Chaffee - yes, Selectperson Chatelain -yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0- No . Mr . Lombardi continued that if we don ' t ask for CPA funds now, in particular for the Long Pond parcel , as part of the initial acquisition , we can' t go back later and ask for them to supplant other appropriations . Due to the time constraint Mr . Lombardi will speak with the Community Preservation Committee chair to see if they could possibly do this on a months' notice . Ms . Kalinick asked that if we go to court, and there was a BoS 813 - 2021 www . brewster- ma . gov Page 7 of 12 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 XIA l Illll1111//1///1/X / REw $ T iiii/ Town of Brewster Office of: �Q _O '��DER g9� � % Select Board 2 ;°Q "% *4 " 2198 Main Street Town Administrator moo ; Brewster, MA 02631 - 1898 Phone : (508) 896-3701 www , brewster-ma . gov t'NOOAPOPht60 oee191 g 11 � �11iso,U�\\\\\ judgement for a higher amount, can we at that point ask for funding to bridge the gap ? Mr . Lombardi answered yes . Selectperson Chatelain asked if we could we use the funds to fund projects on the land afterword ? Mr . Lombardi responded that we could , but we just can ' t use CPA to supplant other appropriations . The use of funds for acquisition is off the table, but for other projects we absolutely could go to CPC for funding . There was continued discussion on requesting funds and the Board ' s comfort level on ear marking funds for specific purposes on one or both of the properties, especially eligible Open Space funds . It was noted that our residents are used to land acquisitions and the CPC role is always a part of those transactions . There was also discussion on if the portion of land acquired with the CPC must be restricted or what percentage of land would be restricted . At this point, this has become really complicated situation, Mr . Lombardi will get verification from Town Counsel , including situations if we were to exceed the value of the appraisal or receive a judgement from the courts . Mr . Lombardi also mentioned that we may want to have Mark Robinson assist on an application if the decision is made to go that route . The Board agreed to have Mr . Lombardi to contact the CPC chair and discuss the possibility of requesting funds . Mr . Lombardi shared that he has contact Tom Garrahan to let him know that we would want to hire him for appraisals on both properties . Noting that we would share John O' Reilly' s analysis of highest and best use and development potential . Mr . Lombardi also received confirmation from Town Counsel about the license agreement, generally speaking if it is just a license agreement as we have proposed to structure our relationship with Mass Audubon , we don ' t have to go through any additional procurement steps . If our licensing agreement doesn ' t work for them , then we would have to go through a formal solicitation . It was noted that as of the latest information on the taxes for the Sea Camps, the first %Z of last year' s taxes have been paid , the 2 "a half has not yet been paid . Review of Public Forum Script & Slide Deck Selectperson Chaffee commented that the vision for the public forum script, was to marry certain parts of the content with the Select Board member that is in their wheelhouse . The goal was to divide parts up evenly . Selectperson Chaffee noted that on Monday morning, the Select Board in their final review should treat it like we are going live, so we can go through transitions, test the short videos, make sure the language sounds right and pick up any last- minute changes . Noting that there are a few policies changes that will need to be made about content . The Select Board reviewed each page of the script and the slide deck, here are the highlights . • Chair Bingham will welcome everyone to the public forum , since this is a Select Board meeting, she will convene the meeting and get to the agenda item of the public forum presentation . 0 Mr. Lombardi opens the presentation and on slide #3 we review the Sea Camps legacy . • Chair Bingham will introduce each of the parcels in more detail . • Slide 8 — there was discussion on the Spruce Hill property and its boundaries, Mr . Lombardi will review with Natural Resources Director Chris Miller. BoS 843 - 2021 www . brewster- ma . gov Page 8 of 12 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 \0\Wl\U1111I II I!f p11111���/// \\ FIEW $ ip : `\O.K ��DERQ ce ofs 9 /' Town of Brewster Select t Board 2198 Main Street Town Administrator Q ° ° ` N = Brewster, MA 026314898 CO = Phone : (508) 896 -3701 _ — cc <J'' www . brewster- ma . gov INCA gun lirfn1 �u1�ai\aw\\\\\\ • Slide 9 is a review of the facilities on the Bay parcel with a little more information about the buildings . Selectperson Hoffmann is working on building inventory and specifics like how many were winterized . The second bullet on this page will be beefed up with more information . • At this point in the presentation , the video of the fly over will be shown . There was concern that the video will not be edited in time for the forum . Mr . Lombardi will work with BGTV to get the video ready; the fall back is to use the videos we already have and stills . • Slide 10, this is where we start to say what could these parcels be used for . One change will be that boats can moored in water deep enough to be used in almost any tides ( per conversation with Mr . Barber) . • Chair Bingham will review the Long Pond parcel , will include some type of video and possible uses of this parcel . Chair Bingham will hand the presentation over to Selectperson Hoffmann . • Selectperson Hoffmann will open her piece with information that she served on the Vision Planning Committee, offering a segue into her presentation and her credibility . She will highlight the key parts that support acquiring the Sea Camps properties . Selectperson Chaffee took the opportunity to highlight that the Board as a group is highly credible , but the smoother and more professionally this high -stake presentation is delivered the more credible the argument that we want to buy these properties . Selectperson Chaffee suggests to the Board to practice their pieces as much as possible to be comfortable with the presentation . • Selectperson Whitney will then lead the forum and speak towards the financials . He will begin with noting what the Select Board has been doing for the last eight months . Selectperson Whitney will review the property appraisal amounts, followed by an educational slide about assessed vs . appraisal . • Slide 14 will review what our bid amounts were and the process the Select Board has followed . Selectperson Chaffee noted that this lays the groundwork that the Town followed everything they were asked to do to try to negotiate a deal . This theme is throughout the presentation and our goal has been to negotiate an agreement with the sellers . • The next four slides are the purposed financing plan . We start with the Long Pond parcel ( the good news ) and on slide 25, how are we planning to pay for these acquisitions . Slide 25 will be a last minute based on Mr . Lombardi ' s conversations with our potential partners and if they are comfortable with their organizations being used in the forum . The Board agreed that if they approve , then this could work as a selling point . Wording on this slide will also be updated to say "free - cash appropriation . " • Slide 26 explains the impact of the first acquisition on the tax rate , which is none . Then we move to the Bay parcel , the first slide is the Town ' s financing plan for acquisition . There was additional discussion on private donation and amounts, this will more than likely be kept private . Again once Mr. Lombardi ' s conversations with potential partners is completed this slide will be updated . There was also discussion regarding general donations and the extent in which the Town can set up a BoS 813 - 2021 www . brewster- ma . gov Page 9 of 12 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 ��AQAAAANU{{Illlllfglllll/j/III/� \� lelAEwS Town of Brewster Office of: 0� '°FELDERe9 •Q /i Select Board 2198 Main Street Town Administrator 0 v� = Brewster, MA 02631 - 1898 Phone : (508) 896 -3701 www . brewster-ma . gov \\ mechanism for residents to contribute to help with the acquisition costs, Mr. Lombardi is awaiting response from Counsel . • Slide 28 contains the information everyone is waiting for, how is the Bay parcel acquisition going to impact my tax bill ? It is noted that tax impact is to start the fiscal year after acquisition , Mr . Lombardi is awaiting final word from financial advisor, if we do not have an answer before the forum , then we will not include this bullet . Another question that may come up is if this tax impact will come at the same time as the schools . Mr . Lombardi commented that we don ' t have that information , it is a logical question of what this will look like . At this time the school committee hasn ' t even voted on how to structure their debt . Mr. Lombardi noted this is where we need to be strong in saying their decisions have not been made and we don ' t have control over them . The final bullet on slide 28, Mr . Lombardi will work with our IT Director in creating a webtool where residents can plug in their assessed value . • Slide 29 is to let residents know we are looking at a wide variety of ways to defray the impact . Mr . Lombardi added that in talking with our partners, they may not appreciate being framed in a way to just be a means to reduce cost, as they see a greater value to the relationship and the benefits they are bringing, requesting that we work on this point and not peg them solely on the money they are giving the Town . • Slide 30 introduces eminent domain , saying we did everything we could for a negotiated sale, and we knew there was a chance we would have to use eminent domain . Selectperson Chaffee crafted specific bullets which are up for discussion . The Board discussed options to inform residents of where we currently stand , which is that the seller provided the Town a number ( $ 32M ) , which is not anywhere close to the Town ' s offer . Selectperson Chatelain is in favor of disclosing the number that the Town has offered and approves of the language used in the slide deck . He is also comfortable with saying that the negotiations have stalled , however he is apprehensive with providing the number the seller' s have countered with as he is hopeful for resolution . Noting if we broadcast a number which the sellers are willing to take to other parties involved , they may consummate a deal with another entity which will complicate our taking . Selectperson Chaffee is in agreement that we can use language that says negotiations have stalled at this point and that we anticipate having to proceed with eminent domain . It was agreed that Selectperson Chaffee will edit slide 30 . • Slide 31 which has a statement regarding eminent domain and the concept that Governments can ' t always compete in purchasing properties like private entities can . This slide will be deleted based on conversations among the board and the desire to keep the message the same, that eminent domain is a mechanism that allows us to purchase property for public use and ensures market value is paid to the owners . • Slide 32 -37 will review the history of eminent domain and the examples of the Town' s use of eminent domain . BoS & 13 - 2021 www . brewster- ma . gov Page 10 of 12 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 Office of, '1� Town of Brewster 0 � 0 40, Select Board P fie %S4 rw sw 2198 Main Street Town Administrator Brewster, MA 02631 ~ 1898 1�31 Phones (508) 89 &3701 www , brewster� ma . gov Starting on slide 38 , are newer slides that will start to go through how this process is going to work . Slide 38 lays out the requirements for the Town to acquire property with eminent domain , the green bullets indicate what has been completed and steps that will be followed . Slide 39 lays out the logistics of the actual transfer of the property from the Select Board to a potential appeal process . Slide 40 provides more information about what could happen if the seller does appeal . Selectperson Chaffee noted that this seems to be the appropriate place to add , if the jury came back with a higher amount of compensation , then an additional Town Meeting and debt exclusion vote would be needed to approve . Selectperson Chatelain then provides commentary about some of the planning and regulatory issues, he will review his section over the weekend and provide feedback . In general terms these set of slides answers the question of what could happen if we don 't acquire the properties . Slides 42 �43 review the zoning of both properties, the role of the Cape Cod Commission and regulations on these parcels . The bottom line is that it limits but doesn' t completely control . Slide 44 is about if a future residential camp is going to be sustainable here . 0 Slide 45 looks at a property in Hyannis similar to the size of the Sea Camps property with a whole lot of development planned ( Twin Brooks ) , there is community opposition to it . Though not Brewster, it is very timely and has been in the news and demonstrates what can happen on a large parcel . Slide 46 is a message about what can happen when we do protect and preserve a large parcel , using the example of the Robinson parcel . Slide 47 is an example that ended differently, the La Salette property . Slide 48 outlines the next two steps in the process, special Town meeting and special election dates . At this point the presentation is turned over to Mr . Lombardi for the review of warrant articles . Ms . Kalinick requested that the first slide in this section be edited to read "affordable housing" instead of " community housing . " Noting that we are trying to make the distinction between appropriately scaled housing and what 0 0 this is, our word is community housing, doesn ' t want to conflate those words, community housing has a positive connotation to it . Slides 49 � 51 will review the warrant articles , special election ballot questions, and what happens next , Providing a short summary to ensure there are short term activities, and that we may partner with someone . Then there is a lead into public engagement . Slide 52 is a recap of the two slides Chair Bingham did at the beginning, reviewing the potential Town priorities . Mr . Lombardi noted that this is where we would want to talk about the master plan and that Town meeting will have to approve . It will be confirmed that we can use YMCA on this slide . Selectperson Chaffee noted that the timing of the first draft before the current version , timed out between 33 � 34 minutes , which means we should definitely be under the 40 min mark which was what we were aiming for . BoS 843 � 2021 www . brewster� ma . gov Page 11 of 12 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 \��I�I I I It I 111tyll'1110, office of: Town of Brewster Select Board 4to 2198 Main Street Town Administrator Brewster, MA 02631 � 1898 0 V e Phones (508) 896"3701 www. brewster� ma . gov CORPORNI �'fo* to isq`14 18111)11111110 Slide 53 is a continuation of our commitment to providing the public with lots of information . At this point in the forum, Mr . Lombardi will start to take questions and comments . Selectperson Chaffee noted that the presentation does suggest to folks that we want them to state their name and address for the minutes . The Board members discussed if there should be a limit on public comment since we expect several hundred people to tune in . Selectperson Chatelain left the meeting at 3957pm Selectperson Chaffee will tweak guidance on slide 54, that asks participants to not ask questions that have already been asked . It was agreed that during the Q & A portion Chair Bingham will monitor the amount of time that each person is speaking and will interrupt if needed . Chair Bingham will also monitor the time and if we are getting close to the end of the forum , she will announce that people can email or call to get their questions answered . The Board discussed the potential need for a second public forum if people want to talk more , with Town Meeting being a month and half away . We will update the website with FAQs as well . Selectperson Chaffee will draft a couple of different versions of closing based on possible situations . Chair Bingham will wrap up the presentation on slide 55 . Mr . Lombardi noted that we have 60 slides and a 30 ,,, page script, this is X of the meeting and there is Y4 of the meeting for ad lib . The Board and Town Administration know this information inside and out and feels incredibly confident in the content . There was additional discussion regarding the deep ,owater channel and how it can be factually represented . It was agreed to edit to say that the Bay location offers the deepest water channel for boaters Selectperson Chaffee will go through and make the edits that were discussed and provide it to Ms . Kalinick and Mr . Lombardi later in the day . Chair Bingham stated that the Select Board will reconvene at 8 : 30am on Monday morning . Selectperson Hoffmann moved to adjourn the meeting at 4 * 11pm . Selectperson Whitney second . A roll call vote was taken . Selectperson Chaffee � yes, Selectperson Hoffmann,I* yes, Selectperson Whitney� yes, Chair Bingham �yes . The Board vote was 4,,mYes, O� No . Respectfully submitted , Erika Mawn 12 / 19 / 2022 Approved : Signed . Date Select Board Clerk, Kari Hoffmann Releasedt 2/27/2023 0 BoS & 1311112021 www . brewster� ma . gov Page 12 of 12 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731