HomeMy Public PortalAboutSelect Board -- 2021-09-23 Minutes (2) t
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MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES
DATE : September 23, 2021
TIME : 3 * 00pm
! PLACE : Remote Teleconference
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REMOTE PARTICIPANTS : Chair Bingham , Selectperson Hoffmann , Selectperson Chaffee ,
Selectperson Whitney, Selectperson Chatelain , Town Administrator Peter Lombardi , Assistant
Town Administrator Donna Kalinick, Town Counsel Shirin Everett
Call to Order & Declaration of Quorum , Meeting Participation Statement and Recording Statement
Chair Bingham called the meeting to order at 3 : 06pm . All Select Board members present were
announced , and a quorum was declared . Chair Bingham read the meeting participation and
recording statements .
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 .
The Select Board will be returning to regular session .
Selectperson Chaffee moved to enter executive session . Selectperson Whitney second . A roll call
vote was taken . Selectperson Hoffmann -yes, Selectperson Chaffee -yes, Selectperson Whitney-
yes, Selectperson Chatelain - yes , Chair Bingham -yes . The Board vote was 5 -Yes, 0- No
All remote participants declared " No other persons are present or able to hear the discussion at
this remote location . "
Mr . Lombardi reported that we are effectively at the finish line, attorneys have gone back and
forth regarding the buffer, the one significant hurdle, and the sellers were highly displeased with
the Select Board ' s offers . Ultimately agreed to option B, a 25' no public access or uses buffer,
and a 50' no construction/ structure buffer around both parcels . Mr . Lombardi displayed a map
of the buffers ; it will be noted that the 150' Coastal Dune buffer will only be on the portion of
the land directly North of the Richardson property . Giving further definition what constitutes
structures, the Town can install boardwalks, signage and kiosks, docks . Basically, no buildings
within these areas .
Mr . Lombardi reviewed that all of the standard language in the Bay Parcel Purchase and Sales
Agreement is carried over to the Long Pond Purchase and Sales Agreement, the major difference
is the buffer and that the Bay Parcel has the language about the contingency regarding the sale
of Long Pond parcel . The Board reviewed the language chances regarding the buffer, Town
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counsel had added some additional details regarding construction . There is a 50' buffer around
the Richardson and Garren properties, clarified that the buffer only pertains to buildings and
structures, within this there is a 25' buffer for public uses and access . The dock and the path of
the dock are exempt from the buffer . Inserted language that would allow the Town to install
fencing, revetments, seawalls, anything needed in terms of coastal dune management, as well as
language about benches, boardwalks, docks, trails, walkways, kiosks, and minor improvements .
During this conversation Town Counsel , Shirin Everett announced that she received word that
the seller' s attorney has accepted all the changes .
Ms . Everett walked the Select Board through each section of the Purchase and Sales Agreement
for the Bay Parcel . With the consideration of changing the Town Meeting date to September
26th, Ms . Everett will have to update section 10 . 1 . 2 to reflect both dates . Mr . Lombardi shared
that there are several exhibits, the most important is exhibit C regarding the buffers , that have
been confirmed , including the final list of items that remain on the property .
Mr . Lombardi reviewed the press release , noting that the date of the closing has been added
and the exact date of Town Meeting has been removed . The Board agreed to wait until the
Purchase and Sales Agreements have been signed and post the press release in the morning .
Mr . Lombardi commented that though it would be best to have the Town Meeting on Saturday,
all the weather forecasts display a slow- moving front, with showers and possible thunderstorms .
When considering all the equipment and electrical components, it is best to move to Sunday .
Mr . Lombardi received information that Nauset Youth Alliance cannot provide childcare on
Sunday . The Board expressed concern that holding the meeting on Sunday will have less
resident turnout .
Selectperson Chaffee commented on the reverse 911 draft that will advise residents of the
change in date for Town Meeting, asking to change wording from inclement weather to
potential for rain . Ideally the reverse 911 will inform that Town Meeting has been delayed by
one day and this is a two- step process, asking residents to come to Town Meeting and to vote in
the local election . Mr. Lombardi asked Ms . Everett if this is appropriate to do, she responded
that this is just advising of the process and not how they should vote , doesn ' t see a problem
with it .
Mr . Lombardi shared his email to William Meehan ( Finance Committee ) regarding the
statements that the Kennedys have been making on social media . Based on guidance and advise
from Town counsel , the focus should remain on what is before Town Meeting . Stating that the
Town has negotiated agreements to purchase both properties, this is what is being considered
and discussion should be focused on the negotiated sale . Mr . Lombardi added that if there is an
issue that is specifically brought up by a resident, the Board and Town Administration should
generally stay within the context of the warrant . Regarding sharing out details of meetings that
Mr . Lombardi had with the Kennedys , which have only been discussed in executive session ,
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j technically this information can be shared . Though the minutes have not been approved , there
is still information that could be provided on the floor at Town Meeting . Ms . Everett stated that
she sees nothing wrong in the Board or Town Administrator rebutting misinformation and
providing facts that will prove the contrary . There is no violation of executive session privilege
or any other confidentiality agreement .
Selectperson Chaffee asked that in preparing her remarks for Town Meeting, she would like to
share that the Select Board had identified 4 likely possible future uses for the parcel and
determined public acquisition was the best . Adding that this had never been shared publicly
before, but this will help her in working in language that will refute the arguments Ms . Kennedy
I has posted on social media . Ms . Everett noted that once the Purchase and Sales Agreements
I have been signed , the purpose of the executive session will have been fulfilled . Other than the
appraisal you are not violating anything in executive session privilege . Selectperson Chaffee
noted there were a lot of sensitive conversations in executive session , as they were part of the
process in evaluating the parcels and thinking of future uses . It discloses how the Select Board
approached the problem on deciding what is the best for the Town of Brewster . Ms . Everett
believes it is okay as there is no disclosing anything confidential .
Mr . Lombardi followed up by asking if there was an issue that would come up through the
Town ' s due diligence, can the Select Board reconvene in executive session for the specific
purpose ? Ms . Everett agreed , adding that if there is any sensitive information or any results
( from the inspections ) that impact the value of the property, the Select Board can meet in
executive session . Mr . Lombardi asked at what point would all the executive session minutes be
eligible to be released ? Ms . Everett stated it would be after the Purchase and Sales Agreements
are signed , within a reasonable period of time . All the accompanying and associated documents
besides the appraisals would be public as well . Mr . Lombardi noted that there are some things
that the Board will need to look at, for example the conversation around Boonie Doone, and will
reach out to Town counsel for review .
Shirin Everett left the meeting at 4 : 03pm .
The Select Board reviewed the Cape Cod Sea Camps Motions, which have been approved by
counsel and bond counsel . The overall structure of the Town Meeting will be two Select Board
members presenting on each of the first two articles . Next the Select Board reviewed the draft
of remarks that will follow the motions at Town Meeting . Selectperson Chaffee has provided the
group with the draft for which she combined everyone' s remarks . Once everyone has had a
chance to review and edit their portion, they will provide their edits to Mr . Lombardi and Ms .
Kalinick for final review and edit .
Selectperson Chaffee pointed out the section on possible ways to improve the financial picture .
Mr . Lombardi worries about getting into any level of detail as it counters what has been said ,
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that residents will have the opportunity to give their input with the Master Planning process .
Adding that it can be stated broadly that there may be opportunities for both revenue
generation and cost reduction depending on the partnerships with other organizations that
make sense for the Town once we go through the Master Planning process . It was suggested
that Selectperson Chatelain state this since he is up first during Town Meeting, but it doesn 't
hurt to have other members also make mention of the Master Planning process . Mr . Lombardi
noted the importance for Selectperson Whitney to mention in his remarks the differences for
the Bay parcel .
The Select Board started a discussion on the possible mention of housing on either possible . It
was noted that it would be safe to reference appropriately scaled housing on the Long Pond
parcel , which is consistent with what was presented at the public forum on August 17 .
Selectperson Chatelain commented that he feels it is important that the Select Board continue
to advocate for housing language in both articles as housing is a critical problem for the Town .
Selectperson Chatelain volunteered to be the one to address housing questions should they
come up on Town Meeting floor, the Board agreed . As part of his responses, Selectperson
Chatelain will note that the articles have been crafted to cast as wide a net as possible for the
communities needs and goals , and if anyone has specific concerns or issues , they are invited to
take part in the Master Planning process . Selectperson Chatelain will work on preparing remarks
regarding housing . Mr . Lombardi suggested to have prepared a statement that the Town has
been aware of interest of developers to construct 40B housing on the Long Pond property .
Ms . Kalinick commented that there is a difference of what the scripts will say and what will play
out on the Town Meeting floor, there are some things we will want to keep in our back pocket
and use them in the appropriate time and place if we have to . Adding that the presentations
should be Town positive forward . Mr . Lombardi stated that in reference to the Town playing the
role as developer on the Bay parcel , it is important to reference that part of the Bay property has
been intensively used with 90 buildings and 800 campers plus staff. In any scenario where the
Town owns the property, there is no possibility that it will be more intensively used then it has
been , adding that we should be up front about this in the Select Board comments .
Selectperson Chaffee inquired about the possibility of Trish Kennedy speaking on Town Meeting
floor and the challenge this will present for the moderator, as she has posted allegations on her
social media page . Mr . Lombardi stated that he has his draft press release with factual
information , including the Towns due diligence in speaking with different interested parties . It
was shared that the latest online comments were that the Kennedys were waiting to hear back
from the Town , and the Town rejected their offer, Mr . Lombardi clarified that there was no offer
every considered . Adding that this was all to better position the Board to put the Town and the
taxpayers in the best possible strategic position to acquire the properties . Mr . Lombardi
confirmed that he will stick with the press release, noting that there will be committees with
interdisciplinary team of professionals to assist each committee . Mr . Lombardi can say that the
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� ,o4Bl.UER �giS1J�� Town of Brewster Office of:
2198 Main Street Select Board
Brewster MA 02631 - 1898 Town Administrator
Phone : ( 508) 896 -3701
www . brewster- ma . gov
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Town has reached out to a nationally renowned award -winning landscape architect firm for
initial discussions . Mr . Lombardi is prepared to speak to these if they come up but will be using
C the press release for his responses .
Selectperson Chaffee asked how comfortable the Board is with disclosing that it was the
Kennedys who made the $ 20M offer on the Bay parcel that the Town had to match ? Mr .
Lombardi responded that he doesn ' t think it should be included in any opening remarks but
could see a scenario where this is disclosed . Mr . Lombardi reviewed his previous interactions
with the Kennedys when he was trying to determine if they were the Town ' s competition and
verifying the amount, he was also trying to feel them out to determine if they would reduce or
pull their bid as they had initially said they didn ' t want to be in a bidding war with the Town . Mr .
Lombardi advised that we need to be careful about where we go with the information and
when , as it might not be well received . Selectperson Chatelain stated that we do need to give
them consideration as private citizens .
Mr . Lombardi referenced the statement that the Finance Committee plans to issue, it is explicit
in noting that there has been a lot of noise that should be ignored . It would make most sense
for the statement to be read at the start of Town Meeting as it supports all three articles , this
will be reviewed with the Town Moderator . The hope is that residents at Town Meeting will
interact with the Kennedys which would be best so that the Town does not have to go back and
forth with them .
Article 3 motion was discussed by Selectperson Hoffmann , if the Town purchases one but not
both properties, we will want to strike the language in the motion that references the property
that the Town is not purchasing . If this is the case and purchase just the Long Pond parcel , we
could easily reduce the appropriation in half to $ 100K .
Adjournment
Selectperson Chatelain moved to return to regular session at 5 : 09 pm . 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
Respectfully submitted ,
Erika Mawn , Executive Assistant
Approved : 01 / 23 / 2023 Signed :
Date Select Board Clerk, Kari Hoffmann
Date Released : 2/27/2023
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