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Home My Public Portal AboutSelect Board -- 2021-09-03 Minutes (3) �NOA" Y11111IIIIdI!!ll� o�`vo �P E w 3 TF��i,� 0 ,o� E�° ER`a9F 9 Town of Brewster office of: SNP+, 3 ! � ' D 2198 Main Street Select Board y = Brewster MA 02631 - 1898 = � � Town Administrator _ � f f is ; c Phone : (508) 896 -3701 is www. brewster- ma . govi .i_i � , ;i 1: MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES DATE : September 3, 2021 TIME : 5 : 30pm PLACE : Remote Teleconference REMOTE PARTICIPANTS : Chair Bingham, Selectperson Hoffmann , Selectperson Chaffee, Selectperson Whitney, Town Administrator Peter Lombardi ABSENT : Selectperson Chatelain Call to Order & Declaration of Quorum , Meeting Participation Statement and Recording Statement Chair Bingham called the meeting to order at 5 : 30pm . All Select Board members present were announced , and a quorum was declared . Chair Bingham read the meeting participation and recording statements . Matters Not Reasonably Anticipated by the Chair : None Executive Session : To consider the purchase , exchange , lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body- 3057 Main Street and 500 W H Besse Cartway Selectperson Chaffee moved to enter Executive Session and not to return to open session . Selectperson Hoffmann second . A roll call vote was taken . Selectperson Whitney-yes, Selectperson Chaffee -yes, Selectperson Hoffmann -yes , Chair Bingham -yes . The Board vote was 4-Yes, 0- No . Remote participants declared " No other persons are present or able to hear this discussion at this remote location . " Mr . Lombardi reviewed his recent discussion with the seller' s brokers ; • Verbally conveyed the agreed upon counteroffer . Not particularly well received , but they ultimately during the conversation agreed that if the Town were to increase the offer on the Bay parcel to $ 20M , they would come to an agreement on a " no shop provision" . This means that they would not go back to the Kennedy' s or other interested parties to try to get them to increase their bid . • They are also looking for the Town to increase the offer on Long Pond , above the $4 . 211 they mentioned a $ 8M price tag, but in the same breath realized that we would not be proposing $ 28M . They are looking for a counter on the order of $ 26- $ 271 and they BoS 9-03 -2021 www . brewster- ma . gov Page 1 of 3 Doc ID : 095dbbdf045ede2d82faead48a02ede11e212d62 �k\\kWIIIIINWJ r ER% J Office of. Town of Brewster I A 2198 Main Street Select Board Brewster, MA 02631 � 1898 Town Administrator eAA e Phone * (508) 89&3701 www. brewster�ma . gov O'CORPORAO Pea, 19 1603 111111111t�llkW closed by saying, just don ' t come in at $ 24 , 5M . They seemed eager to hear back from the Town . In the mix of the past couple of hours, they have paid all their back taxes in full today . This makes us think they are not bluffing, and the Kennedys may be prepared to move forward with a P &S even before Town Meeting . They also clearly said they have a proposal on the table from a developer to build a 40B project on Long Pond , they didn 't share any other details . Not a package offer, solely for Long Pond . They said the Town has threatened to initiate eminent domain to prevent a 40B development and that there is case law that supports the developer and landowner being successful . Mr . Lombard noted that the Town has expressed interest in both properties since last November before any mention of any 40B . Mr . Lombardi added that assuming that the $4 . 2M and $ 20M is the right numbers, and $ 24 . 2M is what we would likely pay, we would have to account for ( in conservative numbers ), $ 200K in legal costs and additional 3 years for the appeal period , for a total of $ 800K additional costs, this puts us at $ 25M . The Select Board discussed the eminent domain process and the risk of a jury deciding the 0 price , not to mention the additional time and money during the appeal process . Selectperson Whitney believes that with this information, the finish line could be about $ 26M , and believes that we would be saving taxpayers money versus going to a jury trial . Selectperson Hoffmann noted the negativity around eminent domain in the community and agrees that if this deal can be made at $ 26M it would be best to avoid eminent domain . Selectperson Chaffee commented that she was thinking $ 25 . 5M , but could be convinced to offer $ 26M , especially with a closing in micl � November . Mr . Lombardi conveyed Selectperson Chatelains sentiments from an earlier discussion, where Selectperson Chatelain felt comfortable going to $ 20M on the Bay parcel , his hesitancy was on the Long Pond parcel and increasing our bid initially at all , then to how much more . Mr . Lombardi commented that he felt more inclined to do that based on the information received today . Ultimately Selectperson Chatelain felt comfortable going to $ 25 . 5M . Mr . Lombardi noted that we should recognize we are paying a premium for the Long Pond parcel ; in this scenario we know we are not going to negotiate the sale on one hand of the Bay Parcel and fight them with a taking for Long Pond . Generally, we put ourselves in a good position , and have leveraged opportunities where we can . This is the one case where they have leverage over us, as we want to buy both parcels . The Select Board discussed on how to present a possible price tag of $ 26M to the residents when previously at the public forum it was talked about $ 15 . 2M and $ 4 , 2M . The updated offer amount makes sense to the Board considering the involvement they have had and the risk of BoS 9 �O3 �2021 www . brewster� ma . gov Page 2 of 3 Doc ID : 095dbbdfO45ede2d82faead48aO2edeI 1 e212d62 'f PueIW�Sr?i °o� ;o�'E�°ER@R� 9 Town of Brewster office of: 2198 Main Street Select Board Brewster, MA 026314898 Town Administrator Phone : ( 508) 896 -3701 �aCoenon�1e0 0�� www. brewster-ma . govf ��I/lllll�111111111111U1U��% going to a jury trial . It was agreed that the Board will hold a public forum , at least one week prior to Town Meeting, that is carefully scripted to layout what has transpired and how the Board landed at the $ 26M offer . The Board should also meet with the Finance Committee and possibly the Open Space Committee in an executive session prior to the public forum . Mr . Lombardi offered his thoughts, that he verbally conveys what the last and final offer is, and clearly state that the offer is contingent on a no shop provision , for either parcel , that we are not looking to bid against anyone else . If they are inclined to give a verbal acceptance, Mr . Lombardi can work with Town Counsel to draft a written offer . Doesn ' t expect the written offer to happen until early next week given the holiday weekend . Selectperson Whitney moved that the Board authorizes the Town Administrator to offer both verbally and in writing $ 20M for the Bay parcel and $ 6M for the Long Pond parcel . Selectperson Chaffee second . A roll call vote was taken . Selectperson Hoffmann -yes, Selectperson Whitney -yes, Selectperson Chaffee -yes, Chair Bingham -yes . The vote was 4-Yes, 0- No . It was noted that the Board has not deliberated on the term of the debt, and with the new offer amounts, the Town can have Unibank run scenarios on 20 -, 25 - and 30 -year level debts, with the understanding that future discussions by the Board need to be had to be able to explain to residents . Also, it is worth communicating with Brewster Conservation Trust and Mass Audubon of the new offer amount, important to talk to all partners, including the private donors as they have committed funds . Adiournment Selectperson Hoffmann moved to adjourn at 6 : 22pm . Selectperson Whitney second . A roll call vote was taken . Selectperson Chaffee-yes , Selectperson Whitney-yes, Selectperson Hoffmann - yes, Chair Bingham -yes . The Board vote was 4-Yes, 0 - No Respectfully submitted , Erika Mawn , Executive Assistant Approved : 01 / 09 / 2023 Signed : *Aa4leX4 Date Select Board Clerk, Kari Hoffmann Re I ea se d : 2/27/2023 BoS 9 -03 -2021 www . brewster- ma . gov Page 3 of 3 Doc ID : 095dbbdf045ede2d82faead48a02ede11e212d62