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HomeMy Public PortalAboutSelect Board -- 2023-03-20 MinutesE W Town of Brewster 4P 41 0 "0 2198 Main Street Brewster, MA 02631-1898 o Phone: (508) 896-3701 www.brewster-ma.gov S.RPON 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 °''� Town of Brewster Office of: �� Select Board 2198 Main Street Town Manager 3 = Brewster, MA 02631-1898 ° _ H` Phone: (508) 896-3701 www.brewster-ma.gov A' 0 R 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 II .��°\°"aE'"sT""/�� Town of Brewster ` F E %' Select Board 2198 Main Street Town Manager a a = Brewster, MA 02631-1898 o Phone: (508) 896-3701 www.brewster-ma.gov 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 Office of: Town of BrewsterSelect Board 2198 Main Street Town Manager 3— a a = Brewster, MA 02631-1898 o = co V. .— Phone: (508) 896-3701 :wT = www.brewster-ma.gov /�///////n Fg R� \\\\\\\\\\p 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 r",� Town of Brewster Office of., O 9 Bq '9 '� e� o $ �Q 2198 Main Street Boad Town Manager Brewster, MA 02631-1898 r. — _s y\ Phone: (508) 896-3701 www.brewster-ma.gov a oi'tp 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 ... ,iiOffice E w of Town of Brewster \\\\p\80p a�9,, Board 2� 2198 Main Street Town Manager a = Brewster, MA 02631-1898 o _ _ = r'-- Phone: (508) 896-3701 — www.brewster-ma.gov 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 8 111- \\��\\8\ ,a'R fly_ E o asq WAN of, q , Town of Brewster Select Board ,,, 2198 Main Street Town Manager n = Brewster, MA 02631-1898 o rq Phone: (508) 896-3701 Y www.brewster-ma.gov 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 1- 22 }} 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