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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 .
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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 .
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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
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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
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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 .
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• 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
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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
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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.
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• 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
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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 .
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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 .
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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
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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 .
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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
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