HomeMy Public PortalAboutSelect Board -- 2023-03-20 MinutesE W Town of Brewster
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2198 Main Street
Brewster, MA 02631-1898
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Phone: (508) 896-3701
www.brewster-ma.gov
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MINUTES OF THE SELECT BOARD MEETING
DATE: March 20, 2023
TIME: 5:45 PM
PLACE: Remote Participation
Office oft
Select Board
Town Manager
REGULAR SESSION
Part:icipants: Acting Chair Hoffmann, Selectperson Bingham, Selectperson Chaffee, Town Manager Peter
Lombardi, Assistant Town Manager Donna Kalinick, Doug Wilcock, Finance Director Mimi Bernardo, Brooke
Clenchy, Katie Miller -Jacobus, Keith Gauley, Chris Easley, Tom Fitzgibbon, Chris Miller
Remote participants: Steve Guditus, Giovanna Venditti, Arlynn Consiglio
Absent: Chair Whitney, Selectperson Chatelain
Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement
Acting Chair Hoffmann called the meeting to order at 5:47pm, declared a quorum by announcing three
members of the Board are present and read the meeting participation and recording statements.
Executive Session
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 (OPEIU, Fire Union,
Police Superiors Union, Police Officers Union)
Selectperson Chaffee moved to enter executive session. Selectperson Bingham second. A roll call vote was
taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Acting Chair Hoffmann -yes. The Board vote was
3 -Yes, O -No.
The Board returned to regular session at 6pm.
Public Announcements and Comment:
Margaret Shea, 36 Aunt Molls Ridge Road- spoke in support of a recommendation that the Town establish a
Diversity, Equity, and Inclusion committee for purpose of identifying issues and advising the Town on
remedial action.
Glenn Casey, 288 Fletcher Lane- commented on the new website that currently the previous year's packets
are currently not available. In regard to the Millstone Affordable Housing project, Mr. Casey recently
attended a Zoning Board meeting and was dismayed at the interaction the attorney for POAH/HAC had with
the Zoning Board. Mr. Casey expressed his concerns with the housing project and contended that the $22M
that was bid in 2021 needs to be updated. Mr. Casey also commented on the endangered species that are in
the area of the proposed project.
Meadow Dibble, Portland ME- noted the letter sent to the Select Board and the Town Administrators, which
is included in the packet. Ms. Dibble believes the Town of Brewster urgently needs to create a Diversity,
Equity, and Inclusion Committee. The Town has an opportunity to draw valuable lessons from our history
Select Board 3.20.2023 www.brewster-ma.gov Page I of 8
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Town of Brewster Office of:
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and create accountability systems which play a critical role in helping companies, schools, and municipal
organizations to promote social justice, attract and retain a diverse population, foster inclusion, improve
community relations and meet legal obligations. Ms. Dibble would like the creation of a D.E.1 committee
added to an upcoming agenda for discussion.
Select Board Announcements and Liaison Reports
None
Town Manager's Report
Mr. Lombardi shared that the Town will be hosting the Beautify Brewster Event on Saturday April 29 with a
rain date of Sunday of April 30. Contact Ryan Burch at the Natural Resources Department or Meg Morris,
Chair of the Recycling Commission if interested in participating.
To ensure the Town is ready to open the Brewster Community Pool by late June, the Town is planning on
posting for a Pool Manager as well as Lifeguards and Water Safety Instructors. Please help spread the word.
Consent Aeenda
a. Meeting Minutes: March 13, 2023
b. Reappointment: Democratic Registrar, Thaddeus Nabywaniec
c. One -Day Entertainment License Application: 226 Ambergris Circle
d. Crosby Mansion Fee Waiver Request: Council on Aging
e. Grant Application Request: Community Compact Best Practices Funding for Age Friendly Community
Survey and Action Plan & Diversity, Equity, and Inclusion Policy Review/ Audit and Training
Mr. Lombardi noted that the Town commissioned a socio-demographic/D.E.I. study in which the findings
from the report were presented to the Select Board in late September. The report included
recommendations in terms of moving forward on D.E.I. issues. The number one priority that was identified
was commissioning a review and audit of the Towns policies and providing training for staff and Town
officials. The grant funding that the Town is seeking is the next step in looking to make progress.
Selectperson Chaffee moved to approve the Consent Agenda. Selectperson Bingham second. A roll call vote
was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Acting Chair Hoffmann -yes. The Board vote
was 3 -Yes, 0 -No.
Release of Pond Property Planning Committee Video
Doug Wilcock, Chair of the Pond Property Planning Committee (PPPC), shared that while safe and
appropriate access is being determined, the PPPC has created a video providing a virtual tour of the 66 -acre
parcel. Mr. Wilcock and Selectperson Hoffmann thanked the many people that contributed to the video, the
first public showing of the video was played.
Select Board 3.20.2023 www.brewster-ma.gov Page 2 of 8
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6:15 m- Public Hearing,Renewal of Seasonal Liquor Licenses: J.T.'s Seafood Restaurant Cape Cod National
Golf Club Breakwater Lobster & Fish Market Beach House Spa, Cobie's the Kitchen Cafe and EI Gua os
Taqueria
Selectperson Chaffee moved to open the public hearing as noticed in the Cape Codder on 3/10 and 3/17.
Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -
yes, Acting Chair Hoffmann -yes. The Board vote was 3 -Yes, 0 -No.
Selectperson Chaffee moved that the Board vote to approve the following Seasonal General On -Premises All
Alcoholic Beverages Liquor License renewal pending they have passed their inspection, have submitted the
required liability insurance and all financial obligations have been paid to the Town in the case of Cape Cod
National Golf Club, LLC d/b/a Cape Cod National Golf Club. Selectperson Bingham second. A roll call vote was
taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Acting Chair Hoffmann -yes. The Board vote was
3 -Yes, 0 -No.
Selectperson Chaffee moved that the Board vote to approve the following Seasonal General On -Premises
Wines and Malt Beverages Liquor License renewal pending they have passed their inspection, have
submitted the required liability insurance and all financial obligations have been paid to the Town in the case
of 2740 Main Street Holdings, LLC d/b/a Beach House Spa. Selectperson Bingham second. A roll call vote was
taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Acting Chair Hoffmann -yes. The Board vote was
3 -Yes, 0 -No.
Selectperson Chaffee moved that the Board vote to approve the following Seasonal Restaurant All Alcoholic
Beverages Liquor License renewals pending they have passed their inspection, have submitted the required
liability insurance and all financial obligations have been paid to the Town in the case of Fishack Corporation
d/b/a J.T.'s Seafood Restaurant, Roberts Inc. d/b/a Cobies, and JDT Investments LLC, d/b/a The Kitchen Cafe.
Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -
yes, Acting Chair Hoffmann -yes. The Board vote was 3 -Yes, 0 -No.
Selectperson Chaffee moved that the Board vote to approve the following Seasonal Restaurant Wines and
Malt Beverages Liquor License renewal pending they have passed their inspection, have submitted the
required liability insurance and all financial obligations have been paid to the Town in the case Breakwater
Lobster and Fish Market, Inc. d/b/a Breakwater Fish & Lobster. Selectperson Bingham second. A roll call vote
was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Acting Chair Hoffmann -yes. The Board vote
was 3 -Yes, 0 -No.
Selectperson Chaffee moved that the Board vote to revoke the Seasonal Restaurant All Alcoholic Beverages
Liquor License renewal for EI Guapos Taqueria who have failed to renew their license for the upcoming year.
Selectperson Bingham second.
Acting Chair Hoffmann noted that it was brough to the administration's attention that they have not
received any communication from the owner Kyle Parker. We believe he is selling the business but have not
received any information directly from the owner.
Select Board 3.20.2023 www.brewster-ma.gov Page 3 of 8
A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Acting Chair Hoffmann -yes.
The Board vote was 3 -Yes, 0 -No.
Selectperson Chaffee moved to close the public hearing. Selectperson Bingham second. A roll call vote was
taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Acting Chair Hoffmann -yes. The Board vote was
3 -Yes, 0 -No.
6:25pm_ Public Hearin, Changeof Classification: JDT Investments, d/b/a The Kitchen Cafe, 2671 Main
Street
Selectperson Chaffee moved to open the public hearing as noticed in the Cape Codder on 3/10 and 3/17.
Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -
yes, Acting Chair Hoffmann -yes. The Board vote was 3 -Yes, 0 -No.
Acting Chair Hoffmann noted that it was brought to the attention of the administrative assistant that the
applicant has failed to notify abutters as required. In communicating with the attorney, we advised that the
public hearing would be continued until date certain April 3, 2023.
Selectperson Chaffee moved to continue the public hearing for the change of classification for the liquor
license held by JDT Investments LLC, d/b/a the Kitchen Cafe to April 3, 2023 at 6:15pm. Selectperson
Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Acting
Chair Hoffmann -yes. The Board vote was 3 -Yes, 0 -No.
Presentation and Discussion on FY24 Nauset Public School Budgets- Select Board FY23-24 Strategic Plan
Goal G-1
Brooke Clenchy (Nauset Regional School District Superintendent), Keith Gauley (Stony Brook Elementary
Principal), Steve Guditus (Eddy Elementary Principal), Giovanna Venditti (Director of Finance and Operations
for Nauset Public Schools), and Katie Miller Jacobs (Chair of the School Committee) all presented the Nauset
Public Schools FY24 Budget. The highlights of the Elementary School Budget presentation included:
• Review of the budget development process
• Brewster Elementary Schools Enrollment: for 2022-2023 PreK through grade 5 there is a total of 433
• Overview of where every dollar goes per Elementary school (largest driver is personnel for both)
o Stony Brook Elementary FY24 Budget = $4,662,1000
o Eddy Elementary FY24 Budget = $4,129,710
• 2023-2034 Brewster operating budget overview (includes regular day and special education)
o Stony Brook Elementary School total is up 7.74% from 2023
o Eddy Elementary School total is up 8.06% from 2023
Members of the Select Board directed questions at school officials including the increase in the special
education budget, the percentage increase that the Town advised could be accommodated in this year's
budget, benefits, steps taken by school officials to try reducing the budget, and enrollment trends.
Select Board 3.20.2023 www.brewster-ma.gov Page 4 of 8
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A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Acting Chair Hoffmann -yes.
The Board vote was 3 -Yes, 0 -No.
Selectperson Chaffee moved to close the public hearing. Selectperson Bingham second. A roll call vote was
taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Acting Chair Hoffmann -yes. The Board vote was
3 -Yes, 0 -No.
6:25pm_ Public Hearin, Changeof Classification: JDT Investments, d/b/a The Kitchen Cafe, 2671 Main
Street
Selectperson Chaffee moved to open the public hearing as noticed in the Cape Codder on 3/10 and 3/17.
Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -
yes, Acting Chair Hoffmann -yes. The Board vote was 3 -Yes, 0 -No.
Acting Chair Hoffmann noted that it was brought to the attention of the administrative assistant that the
applicant has failed to notify abutters as required. In communicating with the attorney, we advised that the
public hearing would be continued until date certain April 3, 2023.
Selectperson Chaffee moved to continue the public hearing for the change of classification for the liquor
license held by JDT Investments LLC, d/b/a the Kitchen Cafe to April 3, 2023 at 6:15pm. Selectperson
Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Acting
Chair Hoffmann -yes. The Board vote was 3 -Yes, 0 -No.
Presentation and Discussion on FY24 Nauset Public School Budgets- Select Board FY23-24 Strategic Plan
Goal G-1
Brooke Clenchy (Nauset Regional School District Superintendent), Keith Gauley (Stony Brook Elementary
Principal), Steve Guditus (Eddy Elementary Principal), Giovanna Venditti (Director of Finance and Operations
for Nauset Public Schools), and Katie Miller Jacobs (Chair of the School Committee) all presented the Nauset
Public Schools FY24 Budget. The highlights of the Elementary School Budget presentation included:
• Review of the budget development process
• Brewster Elementary Schools Enrollment: for 2022-2023 PreK through grade 5 there is a total of 433
• Overview of where every dollar goes per Elementary school (largest driver is personnel for both)
o Stony Brook Elementary FY24 Budget = $4,662,1000
o Eddy Elementary FY24 Budget = $4,129,710
• 2023-2034 Brewster operating budget overview (includes regular day and special education)
o Stony Brook Elementary School total is up 7.74% from 2023
o Eddy Elementary School total is up 8.06% from 2023
Members of the Select Board directed questions at school officials including the increase in the special
education budget, the percentage increase that the Town advised could be accommodated in this year's
budget, benefits, steps taken by school officials to try reducing the budget, and enrollment trends.
Select Board 3.20.2023 www.brewster-ma.gov Page 4 of 8
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Mr. Lombardi shared that the Town is looking at increases on the order on 8%, which is more than the Town
can accommodate within our tax levy. For the Elementary school we would have to advance to operating
override on the order of $315,000 for FY24.
Brooke Clenchy (Nauset Regional School District Superintendent), Chris Easley and Tom Fitzgibbons (Nauset
Region School Committee) all presented the Nauset Public Schools FY24 Budget starting with the Brewster
Elementary Schools. The highlights of the presentation included:
Chris Easley and Tom Fitzgibbons of the Nauset Region School Committee joined the meeting to present an
overview of the Middle School and High School budgets. Mr. Easley stated that the school committee as an
elected body has a responsibility to the citizens of the Towns to develop and present budgets that address
the educational needs of the communities' children. Noting the deficits in learning and behavioral challenges
brought on the by pandemic. In the budgets presented an attempt has been made to invest in people,
programs and in services that will impact the behavioral, mental health and learning loss of our students.
The highlights of the High School and Middle School Budget presentation included:
• NPS- Focus and Needs
o Anxiety, depression, mental health issues and substance abuse issues.
o Student behavioral issues
o Learning loss
o Review of the action taken to help with the concerns post COVID.
o Review of transportation concerns and the action taken.
o Review of technology concerns and steps taken
• General Information that was taken into consideration when developing the budgets
• 2023-2024 Nauset Regional Budget Overview income
• 2023-2024 Nauset Region Budget Overview Expenses/Revenue
• 2023-2024 Net Operating Budget Increase
Members of the Select Board asked questions regarding the presentation including school choice students,
reasons why students leave the district, and the High School project capacity.
Mr. Lombardi noted that regarding the prospect of an override, with the 7.7% for the Nauset Region, the
Town is looking at an operating override of about $650K. Between both the Elementary School and the
Region looking at about $965K in terms of an operating override. The Select Board will be deciding to bring
either one or two overrides to Town Meeting in May. Mr. Lombardi referenced the debt for the High School
project, the amount that is included in the budget and the impact on the FY24 tax rate is about half of the
total costs. There will be a second increase in the costs of the High School project once the long-term debt is
issued a year from now, which will be coming online in FY25.
Presentation on Proposed Stony Brook Mill Fishways Improvements Proiect and Discuss Next Steps- Chris
Miller, Natural Resources Director
Select Board 3.20.2023 www.brewster-ma.gov Page 5 of 8
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Chris Miller provided a presentation on the two projects, the presentation included video of the locations
and engineering plans for the projects. Mr. Miller reviewed the following:
• The project design partners
• Budget Overview for both projects, total cost for construction is $917K
o 75% of costs are provided by a grant from Natural Resource Conservation Service ($876K) and
$116K in technical assistance funding
o Local contributions include $41K, Brewster is responsible for 25% match to the final
construction costs
o CPC grant for $125K
o Will seek $200K at the May Annual Town Meeting for the rest of the local match
Project purpose and site plan overview
Proposed changes to fish weirs
Selectperson Chaffee shared that this project combines our identity of our community, our history, and our
celebration of the herring, as part of our culture and social activities. Mr. Miller added that these
improvements will provide adequate spawning grounds with good healthy water quality. The project would
begin in the Fall after the permitting process is completed. This could go into next Fall if there are any
delays.
Review and Vote on Draft Special Legislation Regarding Wing Island Protection
Mr. Lombardi shared that at Special Town Meeting there was an overwhelming vote in favor of Article 2
seeking to transfer care, custody, and control of the Island to the Conservation Commission and to change
the designated uses of the Island. Town Counsel has opined that the Town needs to get State approval to
take these actions through Special Legislation and has drafted two versions of the article for May Town
Meeting. One draft references a Conservation Restriction and one without. Mr. Lombardi noted that an
overwhelming majority of the Town's conservation properties hold a Conservation Restriction. This is best
practice in conservation land management as it requires the development of an ecological assessment, the
development of a management plan and expressly states what can and cannot be done on the property. In
the draft article the final approval of a Conservation Restriction is in the hand of Town Meeting not the
Select Board. This provided the opportunity to have community conversation and work through the process
of what details the Conservation Restriction would have.
The following is a brief overview of comments made by the public:
Bill Henchv, 64 Old Meadow Road- stated that the omission of a Conservation Restriction in Article 2 was not
inadvertent, the decision was made because the Town does not gain anything from a Conservation
Restriction on Wing Island. Does not believe it is appropriate to delegate management and control of the
Island to a third party. Encouraged the Board to carry out the mandate of Town Meeting.
Mr. Lombardi noted that it has been identified through this process that while the Town has a long-standing
relationship with the Museum, we do not have anything memorialized and the Town could benefit in
advancing a Conservation Restriction that would affirmatively grant clear rights to the Museum.
Select Board 3.20.2023 www.brewster-ma.gov Page 6 of 8
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
www.brewster-ma.gov
QT10 of:
Select Board
Town Manager
Len E ert92 Six Penny Lane- advocate for option 2 with no Conservation Restriction as voted on at Special
Town meeting. If you want to seek a Conservation Restriction on the property, the Select Board can do so at
a later date.
Deborah Johnson, Foster Road- read M.G.L Part 1, Title 7, Chapter 40 Section 15A and believes that the
Select Board can transfer use of Wing Island to Conservation Commission without going through the State
Legislature. Stated that we do not need a Conservation Restriction and do not need a third party stepping in
and holding a Conservation Restriction on the property. As for the museum not having a contract, it is
worked fine since the museums founding, suggested finding a way to figure this out without the State.
Mr. Lombardi stated has Town Counsel's opinion, yes there are special conditions/processes that are in place
by Law and regulation relative to the change of use of Article 97 protected land. Which is Why we are
bringing a special act forward rather than the SB having the ability take the action on their own without State
legislative approval.
John Depuy, 833 Main Street- stated that the point is that the voters were crystal clear which two paths to
pursue and believes that the right position is option 2. It should be accepted it and move forward, if there is
a need for Conservation Restriction in the future, it can be addressed separately.
Joe Swaluk 76 Quasons Path- The Special Town Meeting was overwhelming in favor of what the citizen
group wanted to do, so there should be no discussion other than to do anything than what was voted on.
Bill Finne an 36 Blueberry Pond Drive- There was over 800 voters at Special Town Meeting that voted and
now something is being drafted that counteracts the vote. Suggested to withdraw this article.
Selectperson Chaffee stated that what has happened has torn the Town apart and was not necessary and it is
not necessary now. Moved to proceed with Option 2 and do not pursue a Conservation Restriction at this
time. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson
Bingham -yes, Acting Chair Hoffmann -yes. The Board vote was 3 -Yes, 0 -No.
FYIs
None
Matters Not Reasonably Antici ated by the Chair
None
Questions from the Media
None
Next Meetings
March 27, April 3, and April 24, 2023
Select Board 3.20.2023 www.brewster-ma.gov Page 7 of 8
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Ad'ourn_m_ent
Selectperson Bingham moved to adjourn at 9:22pm. Selectperson Chaffee second. A roll call vote was taken.
Selectperson Chaffee -yes, Selectperson Bingham -yes, Acting Chair Hoffmann -yes. The Board vote was 3 -Yes,
0 -No.
Respectfully submitted by Erika Mawn,
Executive Assistant
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Approved: U Signed: l
Date Selectperson Hoffrr nA, Clerk of the Select Board
Accompanying Documents in Packet: Agenda, Town Manager's report, Consent items, PPPC Video, Seasonal Liquor License Renewals,
FY24 Nauset Public School Budgets, Stony Brook Mill Fishway Improvements, Wing Island Protection documents, For Your Information
Select Board 3.20.2023 www.brewster-ma.gov Page 8 of 8