HomeMy Public PortalAboutSelect Board -- 2023-03-13 Minutes Town of Brewster Office of:
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MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION
DATE : Marchi13 , 2023
TIME : 5 : 30 PM
PLACE : Remote Participation
PARTICIPANTS : Chair"Whitney, Selectperson Bingham , Selectperson Chaffee, Selectperson Hoffmann ,
Selectperson Chatelailn , Town Manager Peter Lombardi , Assistant Town Manager Donna Kalinick, Bretten
Johnson , Leon Colsori Project Manager Conor Kenny, Department of Public Works Director Griffin Ryder,
Sean Parker, Faythe Ellis , Vic Roberts, Dr . Madhavi Venkatesan , Jillian Douglass, John Depuy
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Chair Whitney called the meeting to order at 5 : 30pm , declared a quorum by stating that all members of the
Select Board are pres6nt in meeting Room A and read the meeting participation and recording statements .
Executive Session I
• To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct
collective bargaining sessions or contract negotiations with nonunion personnel ( Police Personnel
Bylaw, Personnel Bylaw )
• To discuss strategy with respect to collective bargaining if an open meeting may have a detrimental
effect on the bargaining position of the public body and the chair so declares ( SEIU DPW/Golf/Water
Union , "SEIU Library, OPEIU , Fire Union , Police Superiors Union , Police Officers Union , Police
Dispatchers Union )
Selectperson Hoffmann moved to enter executive session . Selectperson Chaffee second . A roll call vote was
taken . Selectperson dhaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson
Chatelain -yes, Chair Whitney-yes . The Board vote was 5 -Yes, 0 - No .
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The Board returned to regular session at 6pm .
Consent Agenda
a . Meeting Minutes : February 27, 2023 j
b . Appointments; Christine Boucher, Edwin Weatherby, Chuck Hanson , Phil VanHorne, Bruce Semple,
Richard Wolf, and Colin Odell - Energy & Climate Action Committee
c . Memorandum of Agreement with Orleans & Dennis to Pursue the Development of an Intermunicipal
Approach to Shoreline Management for Southeastern Cape Cod Bay
d . Pass Through Town Permission and Temporary Sign Permit Fee Waiver : 2023 Bike MS Cape Cod
Getaway I
e . Applications fdr Facility Use : Brewster Conservation Trust- Calf Field Pond
f. Approve and Sign Amendment to Local Initiative Program ( LIP ) Home Ownership Regulatory
Agreement and Declaration of Restrictive Covenants for Two Affordable Habitat for Humanity Homes
on Phoebe Way
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g . Approve and Sign Consent Letter to Allow DISH Network to Sublease a Portion sof the Site at 1657
Main Street
Selectperson Hoffmann moved to approve the Consent Agenda and noted that the complete appointment
forms for the Energy and Climate Action Committee have been completed and regarding the meeting
minutes of February 27, 2023 Selectperson Hoffmann has filed a disclosure regarding her husband ' s
involvement in the Cape Cod Tech ' s School Committee . Selectperson Bingham second . A roll call vote was
taken . Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson
Chatelain -yes, Chair Whitney-yes . The Board vote was 5 -Yes, 0- No .
Select Board Announcements and Liaison Reports
Selectperson Chaffee shared that on Saturday the Brewster Ladies Library and Recycling Commission co -
hosted the Town ' s second " Fix- It Clinic . " The purpose is to teach people how to save things that would
otherwise make its way into the solid waste stream . There is a plan to host another event in July 2023 .
Selectperson Chatelain shared that he participated in an interview conducted by Tufts ' University graduate
students, they choose Brewster as the Town is leading the charge on having an effective housing program .
Public Announcements and Comment .
Glen Casey, 288 Fletcher Lane, commented on his concerns of the Millstone Affordabl,p housing project . Mr .
Casey stated that he believes we do not have a critical affordable housing issue, but a very critical seasonal
housing issue .
Town Manager' s Report
Mr . Lombardi shared the following :
• Summary of the FY24 Budget recommendation from the Healey/Driscoll Administration was included
in the packet . The Governor' s budget proposal generally reflects an overall increase in local aid .
Brewster is set to have a net increase of about $ 133K from our original budget , projections .
• County Initiatives include the Aqua Fund which replaces the County Septic Loan Management
program . The new fund seeks to reduce the interest rate for residents who are eligible to access
these funds to upgrade their septic systems and help finance sewer hookup fees . The Water
Resource Task Force recently hosted County officials and spoke with them about the program and
their pilot program to create a regional responsible management entity ( RME ) .
• A recent Supreme Judicial Court decision on a Southborough case legal brief has been included in
packet from Town Counsel . Town Administration will be looking at several Select Board polices that
will need revision and will provide guidance to our Boards and committees .
Review and Vote on Request to Assign Colson Landscaping Lease for Freemans WaYLIndustrial Park Lot #4
Ms . Kalinick shared that Leon Colson has been a Commerce Park lease holder for the past 40 years running a
landscaping business . He is requesting re - assignment to Bretten Johnson who will be running a general
landscaping business at this location . The current term of the lease expires in 2052 . Bretten Johnson
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E w Office of:
p s,.t Town of Brewster Select Board
_ 2198 Main Street Town Manager
3 a a Brewster, MA 026311111898
Q _ to Phone : (508) 896-3701
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confirmed that as far ' as the property is concerned , he intends to run the business the same way as the
current business .
Selectperson Hoffmann moved to reassign Colson ' s Landscaping Lease for Freemans Way Industrial Park Lot
#4 to General Landscape and Nursery Business and Business Incidental Thereto with Bretten Johnson .
Selectperson Bingham second . A roll call vote was taken . Selectperson Bingham -yes, Selectperson Chaffee -
yes, Selectperson Hoffmann -yes, Selectperson Chatelaln -yes, Chair Whitney-yes . The Board vote was 5 -Yes ,
0 - No .
Announcement of New Town Website Launch
Mr . Lombardi announced that the new Town of Brewster website went live today . A new website was
identified as a ' goal Inthe Vision Plan , which was adopted about 5 years ago . The new website reflects our
commitment to provide residents with accurate and timely information , in a way that is accessible . Mr .
Lombardi thanked the residents and local artists for their contributions for images of our community that will
be used on the website . Mr . Lombardi also thanked IT Director Kathy Lambert, Project Manager Conor
Kenny, Donna Kalinick and Mary Chaffee for their roles behind the scenes . Conor Kenny provided a quick
overview of the new design and noted that the new website has better compatibility with mobile devices .
Debrief on March 6, 2023 Special Town Meeting and Vote on Next Steps Regarding Wing Island
Members of the Selectboard each expressed their position on the next steps regarding Wing Island :
• Selectperson Bingham shared that she feels that the Select Board made a mistake and did not read
the public correctly . The Town should have provided more options back in August and we could have
been in a better position .
• Selectperson Whitney stated that at Town Meeting heard that we should leave the planks alone , but
there was no mention of replacing them or repairing them when needed . Members of the Select
Board take an`Foath to uphold the Laws of the Commonwealth , through this process the Town learned
we don 't have Ithe license required for the current planks and in leaving them along we are enabling
violation of the Laws of the Commonwealth . Adding that the Town should continue to replace and
repair them as needed , it is less intrusive and damaging to the marsh .
• Selectperson Chatelain shared these same concerns and stated that if this was private property, as
relevant agents the Board would be expected to enforce our local regulations and we should expect
the State to enforce theirs at some point . In the short-term the Town should plan on doing nothing
until we can clime up with a solution in protecting the marsh . Adding that it will be interesting to see
what guidance comes out of the Committee that will review the Drummer Boy Park Master Plan .
• Selectperson Hoffmann shared that the spirit of Town Meeting has been heard and we need to now
go in a differeht direction .
• Selectperson Chaffee stated that while there has been a community focus on protecting Wing Island ,
we also need to protect the marsh .
Mr . Lombardi noted that Department of Environmental Protection is not planning on taking active
enforcement measures against the Town , they are aware on the non -compliance . In terms of maintenance,
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the local permits that were approved by the Conservation Commission have included allowances for
continued maintenance activities . Noting that the marsh is under the care, custody and control of the
Conservation Commission and there is a Conservation Restriction ( CR ) held by the Department of
Conservation and Recreation , which allows for maintenance activities to maintain what is currently in place .
Mr . Lombardi shared that one of the follow up items that Town Administration needs `to complete is our
technical and legal concerns in closing out the grant with the State and our contractual obligations with
Horsley Witten ,
Selectperson Chatelain moved to cease all town activities associated with design , permitting and /or
construction of a new boardwalk to Wing Island except that Town Manager and Town' staff shall take
necessary actions to close out all related contractual obligations and grant agreements . Selectperson
Chaffee second . A roll call vote was taken . Selectperson Bingham -yes, Selectperson Chaffee -yes ,
Selectperson Hoffmann -yes, Selectperson Chatelain -yes, Chair Whitney-yes . The Board vote was 5 -Yes, 0- No .
Jillian Douglass commented that she is encouraged by the discussion and the points made of the process and
procedures is important .
John Depuy, Main Street, shared that the main interest is on Article 2 on the path forward , noting that the
Town has never been more unified than it was at the Special Town Meeting ,
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Review Draft Siaecial Legislation Regarding Wing Island Protection
s
Mr . Lombardi noted that the Conservation Commission is planning on discussing their interest in having the
responsibility of the care, custody, and control of Wing Island at their next meeting . Town Counsel has
provided two different options relative to the Special Legislation , one which would affectively mirror the
language in Article 2 to do the two things that Town Meeting is seeking, transfer care,, !custody, and control
and to memorialize the long-standing conservation uses that the Island has seen for many decades . The
second option would seek to place a Conservation Restriction on the Island which is cgnsistent with ongoing
Select Board discussions .
Mr . Lombardi noted that the State Legislative process could take a year or two, allowing the Town time to
work through the details of a Conservation Restriction ( CR ) in terms of a management` plan and a ecological
assessment . The language can be constructed so that the details could be brought to :a future Town Meeting
for approval . This would be a two-step process, Town Meeting approves to place a CR on the Island , once
granted , bring an article to Town Meeting to define the CR . Mr. Lombardi shared that this will be on the next
Select Board meeting agenda when the draft will be available from Town Counsel .
There was some discussion on memorializing the relationship we have with private non - profit organizations,
Mr . Lombardi stated that if we do advance a CR or not, we would want to have some sort of license
agreement with entities for use of the Island on a regular basis . The Select Board has clear policies of use of
Town property and requirements for liability waivers and requirement for certificatessof liability .
Mr. Lombardi commented that Town Counsel opined that Wing Island already is afforded Article 97
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protections, and because that is the case , means that it already has significant protections under state law
and that we must go through a process where Town Meeting has to approve a Special Act separate from last
week' s approval that ',seeks state authorization to affect the changes .
Update on Planned Maintenance Activities at Drummer Boy Park Playground = Griffin Ryder, DPW Director
Mr . Griffin shared that the toddler playground at Drummer Boy Park has fallen into disrepair . In
communication with a playground consultant determined the best and easiest thing to do while maintaining
the structure is to kelp the slide structure and add a climbing ladder . The Town has purchased a small
climbing structure as well to be added . Mr . Griffin noted the adjacent wetlands and how some of the under
drains have become exposed . The DPW is looking to overhaul the park with quick fixes and will add a layer
of play chips . The DPW has received a Request for Determination of Applicability through the Conservation
Commission , this is good for 3 years .
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Mr . Lombardi stated khat the Town ' s responsibility is to maintain the equipment that is there , as the new
Committee is established there will be long-term direction on elements of the park .
Update on Use of Wihter Recovery Assistance Program Funding to Repave Breakwater Road and Foster
Road - Griffin Ryder, bPW Director
Mr . Griffin noted that" the State awarded Brewster $ 186K in funds through the Recovery Assistance Program
to provide improvements to roadways, guardrails, signs and degrading of road surfaces . The proposal is to
address both a portion of Breakwater Road and Foster Road drainage issues, which is part of yearly repair
and maintenance, and then use the funds awarded to complete milling and overlay . The work will be
completed within thecurrent footprint of the roadway. Mr . Griffin noted that communication was sent to
department heads, boards and committees and residents in the area of the proposed work due to start the
week of March 27 and paved by mid - May .
Presentation and Votle on the Health and Human Services Committee FY24 Funding Recommendations”
Sean Parker, HHS Committee Chair
Sean Parker read the (list of the 17 non - profit agencies that the committee is recommending funding to ,
these include : AIDS Support Group of Cape Cod , Alzheimer' s Family Support Center, Cape Abilities, Cape Cod
Children ' s Place , Con4umer Assistance Council , Duffy Health Center, Elder Services of Cape Cod , Family
Pantry of Cape Cod , Food 4 Kids - Church of the Holy Spirit, Homeless Prevention Council , Independence
House, Lower Cape Outreach Council , Nauset Together We Can , Nauset Youth Alliance , Outer Cape Health
Service, Sight Loss Services, and South Coastal Counties Legal Services . These organizations are available for
our neighbors in a tirr�e of need . In total the 17 organizations requested $ 141 , 070 . 00 and the committee
recommends granting $ 131 , 070 . 00 . Mr . Parker noted that the needs of Brewster residents are on the rise,
as it stands now in order to fund a new organization , the Committee has to defund a returning organization .
Adding that the returning organizations continues to provide essential needs at increasing costs . Mr . Parker
shared that he would ' like to work with the Town in the coming year to identify solutions to this challenge .
Ms . Kalinick suggested that the Town Finance Team meet with Mr . Parker to review the gap in funding and
ways to be able to address it .
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2198 Main Street Select Board
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Selectperson Chaffee moved to approve the funding recommendations of the Brewstgr Health and Human
Services Committee . Selectperson Hoffmann second . A roll call vote was taken . Selectperson Bingham -yes,
Selectperson Chaffee-yes, Selectperson Hoffmann -yes, Selectperson Chatelain -yes, Chair Whitney-yes . The
Board vote was 5 -Yes, 0- No .
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Presentation and Vote on Community Preservation Act Article- Faythe Ellis, CPC Chair
Faythe Ellis provided an overview of the Community Preservation Act, known as the CPA, which appropriates
a 3 % surcharge on the Town ' s real estate tax revenues . This is reserved in a special fu'pd to finance projects
and programs for the purposes of preservation of open space, recreation , community housing and historic
preservation . Ms . Ellis noted that there is an estimated revenue of $ 1 . 22M for FY24 tax surcharge . The
estimated State match for FY24 is $ 358, 153 for an estimated total of $ 1 . 58M . The recommendations in this
Article are in accordance with the newly adopted statutory allocation formula . Ms . Ell' s reviewed the items
in the proposed Article , including the funding request details and the CPC votes . Ms . His provided an
overview of the regional housing project applications from Friends or Relatives with Alatism and Related
Disabilities ( FORWARD ) at the Rock Phase ii in Dennis, Housing Assistance Corporation ( HAC ) at 107 Main
Street in Orleans, and Preservation of Affordable Housing Inc . ( POAH ) with the Community Development
Partnership ( CDP ) at Juniper Hill in Wellfleet .
Ms . Kalinick noted that a lot of these regional request are more recent, the Town continues to address
affordable and community housing issues and recognizes that to do this, we must do hook regionally as there
are so many units needed . The intention for Millstone Housing is to ask for funding from surrounding towns .
Ms . Kalinick reviewed the process for local preference, noting that a town may ask for up to 70% of local
preference to the Department of Housing and Community Development . Adding the Town will have a more
in - depth discussion and education around local preference and when it applies after Town Meeting,
Selectperson Hoffmann moved to recommend to Town Meeting the Community Preservation Act Article as
described . Selectperson Chatelain second . A roll call vote was taken . Selectperson Bingham -yes, Selectperson
Chaffee - yes, Selectperson Hoffmann -yes, Selectperson Chatelain -yes, Chair Whitney-yes . The Board vote was
5 -Yes, 0- No .
Presentation and Vote on Citizens Petition Articles Seeking to Ban Plastic Food Containers & Utensils 1C
Roberts
Vic Roberts was joined by Dr. Madhavi Venkatesan , President of Sustainable Practices ''and read a brief
statement about this issue, which included the hazards of plastic . Mr . Roberts asks Brewster to vote yes on
the plastics reduction article to ban all plastic utensils and food containers used for carryout in restaurants as
of September 1, 2024 . Dr. Venkatesan stated that the petitioners know that business ',v✓ iil be impacted and
asked with the emerging and known concerns why business have not on their own made changes to less
impactful products .
Member of the Select Board asked questions and made comments regarding the petition , some of the
discussion included topic such as :
• Possible substitutes for plastic utensils
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• How many pounds of plastic would be avoided with this ban .
• Implementation would take time for community members and visitors, phase in approach .
• Education needs to encourage behavioral changes .
• Concern with Styrofoam containers
Mr . Lombardi noted that Town Counsel reviewed and has provided feedback, indicating that the article is
proper as to form . Adding that it would be important to educate the voters and business community that
Styrofoam is covered ''under this prohibition .
The owners of local business , Cobies, Kate ' s Seafood and J .T . ' s Seafood all had the opportunity to express
their feelings regarding the citizens petition . Robert Slavin ( Cobies ) commented that we are all on the same
side , however business are largely seasonal and tourist based . A change like this is gojng to take time . Mr .
Slavin noted that plastic is widely used in his industry, including products that are shipped to them that is
covered in plastic . The problem is bigger than just food containers and utensils, people understand
sustainability, but to get rid of these items would case an unbelievable hardship for his business . The
alternatives are much more expensive .
John & Kate Ohman ( Kate' s Seafood ) noted that there are ways to implement this, it is a process not a
mandate . Their business stopped using and accepting Styrofoam years ago . Mr . Ohman stated that plastic
cups and silverware is, nearly impossible to replace right now, this would be piling on to businesses who are
already in a difficult place that was devastated by the pandemic . Adding that recycling needs to be educated
more , this should be the direction rather than a mandate .
Dr . Venkatesan commented that if we create a mandate that things have to be changed , is when we create
the innovation for the alternatives that can substitute .
Selectperson Hoffmann moved to recommend the citizens petition article seeking to ban plastic food
containers and utensils to Town Meeting . Selectperson Chaffee second . A roll call vote was taken .
Selectperson Bingham - no , Selectperson Chaffee- abs, Selectperson Hoffmann - abs, Selectperson Chatelain - no ,
Chair Whitney-yes . Tlie Board vote was 1-Yes, 2- No , 2-Abs .
Discuss and Vote on Citizens Petition Articles Seeking to Require Town Meeting Approval of All Projects
Over $ 100, 000 and to Require Expanded Disclosure of Select Board Acceptance of Anonymous Gifts
Mr . Lombardi noted ghat the Town was not consulted in drafting these petition articles and asked Town
Counsel for feedback :. For both articles Town Counsel have opined that they are both flawed in that they
generally seek. to have a Legislative body (Town Meeting) impose restrictions on an Executive body ( Select
Board ) . Due to this, both articles would be advisory in nature .
Mr . Lombardi noted iihat both our Charter and Town Bylaws require that the Town develop a 5 -year Capital
Improvement Plan andthat those are presented directly to our residents that identifies all projects over
$ 100K . Town Meeting has appropriating authority over any projects that requires authorization . The Town
has been very clear in our project process, with the amount, the financing source , and the anticipated timing
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of the projects . Mr . Lombardi believes there are some practical implications if the first' article were to be
enforceable in terms of the Towns ability to access significant funding opportunities .
Mr. Lombardi commented that in relation to the second article, the language seeking 'to be inserted in terms
of certain conditions on the Select Board ' s acceptance of anonymous gifts is effectively everything that the
Town completed in the case with Wing Island , except for filing the information with the Town Clerk' s office .
Selectperson Hoffmann moved to recommend the citizens petition article seeking to require Town Meeting
approval of all projects over $ 100K . Selectperson Chatelain second . A roll call vote was taken . Selectperson
Bingham - no, Selectperson Chaffee - no, Selectperson Hoffmann - no, Selectperson Chatelain - no, Chair
Whitney- no , The Board vote was 0-Yes, 5 - 1\lo 11
Selectperson Hoffmann moved to recommend the citizens petition article seeking to eequire expanded
disclosure of Select Board acceptance of anonymous gifts . Selectperson Chatelain see'ond . A roll call vote
was taken . Selectperson Bingham - no, Selectperson Chaffee- no, Selectperson Hoffmann - no, Selectperson
Chatelain - no, Chair Whitney- no . The Board vote was 0 -Yes, 5 - No
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Discuss and Vote on Spring 2023 Annual Town Meeting Warrant Articles
Mr . Lombardi noted that additional Select Board meetings have been added to the schedule . The March 27,
meeting will focus on warrant articles and discussions . As of March 13, including the petition articles looking
at 29 articles in total .
FYIs iL
None
Matters Not Reasonably Anticipated by the Chair
None
Questions from the Media
None
Next Meetings
March 20, March 27, April 3 , April 24, and May 12023
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Adjournment
Selectperson Hoffmann moved to adjourn at 8 : 49pm . Selectperson Bingham second . A roll call vote was
taken . Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson
Chatelain -yes, Chair Whitney-yes , The Board vote was 5 -Yes, 0 - No .
Respectfully submitted by Erika Mawn,
Executive Assistant
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Doc ID : 784faff88604065c662fbec565 117e51c13caac
Office O
n Town of Brewster
Select Board
2198 Main Street Town Manager
3 � a n Brewster, MA 02631 - 1898
;9 0 Phone : 508 896-3701
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App roved : 03 / 20 / 2 023 Signed :
Date Selectperson Hoffmann , Clerk of the Select Board
Accompanying Documents in Packet : agenda , Town Manager's report, consent items, re-assignment of lease, new website launch, STM
debrief, Drummer Boy Park; playground update, Winter Assistance Program funding, Health and Human Services FY24 funding, CPA
Article, Citizens Petition seeking to ban plastic food containers and utensils, Citizens petition seeking to require Town Meeting approval of
projects over $ 100K and 6panded disclosure of anonymous gifts, Spring 2023 ATM warrant articles, For Your Information
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Dropbox Sign Audit trail
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Title Approved Meeting Minutes March 13 , 2023
File name SB 03 . 13 . 23 . doc
Document ID 784faff886040b5c662fbec565dl 17e51 cl 3caac '
Audit trail date format MM / DD / YYYY
Status 9 Signed
Document History
03 / 21 / 2023 Sent for signature to Kari Hoffmann
SENT 13 : 15 : 08 UTC (khoffmann@brewster-ma . gov) from emawn@brewster-ma . gov
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IP : 131 . 109 . 131 . 20 °
03 / 21 / 2023 Viewed by Kari Hoffmann (khoffmann@brewster-ma . gov)
VIEWED 14 : 13 : 50 UTC IP : 73 . 159 . 220 . 14
03 / 21 / 2023 Signed by Kari Hoffmann (khoffmann@brewster-ma . gov)
SIGNED 14 : 14 : 03 UTC IP : 73 . 159 .220 . 14
"✓ 03 / 21 / 2023 The document has been completed .
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