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HomeMy Public PortalAboutSelect Board Meeting Packet 4.24.2319 1805 11110.\-,"'" Select Board David Whitney Chair Edward Chatelain Vice Chair Kari Hoffmann Clerk Mary Chaffee Cynthia Bingham Town Manager Peter Lombardi Assistant Town Manager Donna Kalinick Project Manager Conor Kenny Executive Assistant Erika Mawn Town of Brewster Select Board 2198 Main St., Brewster, MA 02631 townmanager@brewster-ma.gov (508) 896-3701 SELECT BOARD MEETING AGENDA 2198 Main Street April 24, 2023 at 5:00 PM This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of the members of the public body will attend the meeting in person and members of the public are welcome to attend in person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should make plans for in -person vs. virtual attendance accordingly. Members of the public who wish to access the meeting may do so in the following manner: Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID:890 9291 0526 Passcode: 509224 To request to speak: Press *9 and wait to be recognized. ZoomWebinar: https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVkIhSTIoWWhVU09kanUzQT09 Passcode: 509224 To request to speak: Tap Zoom "Raise Hand", then wait to be recognized. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.go\. ), or Video recording (tv.brewster-ma.eov). 1. Ca11 to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Recording Statement 5. 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 • 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 (Fire Union) 6:00 PM - Anticipated Start Time for Open Session 6. Vote on FY24-26 Fire Union Contract & Related Spring 2023 Annual Town Meeting Warrant Article 7. Public Announcements and Comment: Members of the public may address the Select Board on matters not on the meeting's agenda for a maximum of 3-5 minutes at the Chair's discretion. Under the Open Meeting Law, the Select Board is unable to reply but may add items presented to a future agenda. 8. Select Board Announcements and Liaison Reports 9. Town Manager's Report 10. Consent Agenda a. Meeting Minutes: March 27 and April 3, 2023 b. FY24 Barnstable County Retirement Association Cost of Living Adjustment c. Sign and Post May 16, 2023 Annual Town Election Warrant d. Select Board Delegation of Utility Pole & Underground Cable and Conduit Petitions to Town Manager e. Approve and Sign Preservation Restriction Agreement between Town and Brewster Historical Society for Cobb House at 739 Lower Road f. Fee Waiver Request: Late Fees for Annual Mooring Application Select Board David Whitney Chair Edward Chatelain Vice Chair Kari Hoffmann Clerk Mary Chaffee Cynthia Bingham Town Manager Peter Lombardi Assistant Town Manager Donna Kalinick Project Manager Conor Kenny Executive Assistant Erika Mawn g. One Day Entertainment Applications and Fee Waiver Request: Nauset Garden Club of Cape Cod h. Facility Use Applications: Brewster Historical Society (and Fee Waiver Request) and Kaleidoscope Craft Fair i. Request from Brewster Whitecaps for Temporary Signage and Fee Waiver at Brewster Beaches j. Town Landing and Public Beach Access Requests: Point of Rocks Landing, Ellis Landing and Breakwater Landing 11. Discuss and Vote on Proposed License Agreement with Brewster Conservation Trust Regarding Lower Road Community Garden 12. Appoint Select Board Liaison to Drummer Boy Park Advisory Committee 13. Review Select Board Spring 2023 Town Meeting Warrant Article Assignments 14. Discuss and Vote to Add New Alternate Members to the Council on Aging Board 15. Presentation by Cape Organization for Rights of the Disabled (CORD) - Alexa Paige 16. Update on Agricultural Commission - Peter Hermann 17. Presentation on Hydration Station Initiative - Paul Anderson, Water Superintendent 18. Discuss Draft Letter to Nauset Regional School Committee Seeking to Re -open Regional School Agreement 19. Discuss and Vote on Proposed Employee Separation Policy 20. FYIs 21. Matters Not Reasonably Anticipated by the Chair 22. Questions from the Media 23. Next Meetings: May 1, May 8, May 17, May 22, and June 5, 2023 24. Adjournment Date Posted: 04/ 20/ 2023 Date Revised: Received by Town Clerk: Town of Brewster ANNUAL TOWN MEETING WARRANT for May 1, 2023 at 6:00 PM STONY BROOK ELEMENTARY SCHOOL 384 UNDERPASS ROAD Please bring this copy of the warrant to Town Meeting Large print copies of the warrant are available at the Brewster Town Offices TOWN OF BREWSTER ANNUAL TOWN MEETING WARRANT May 1, 2023 TABLE OF CONTENTS A INDEX 2 B ANECTDOTES FROM THE ARCHIVES 4 C INFORMATION & MODERATOR’S STATEMENT FOR VOTERS 6 D FINANCE COMMITTEE REPORT 9 E TAX RATE INFORMATION 13 F CAPITAL PROJECTS REPORT 14 G HEALTH & HUMAN SERVICES REPORT 15 H 2023 ANNUAL TOWN MEETING WARRANT ARTICLES 19 ARTICLE DESCRIPTION SPONSOR PAGE 1 Cape Cod Regional Technical High School Budget Cape Cod Technical School Committee 19 2 Elementary Schools Operating Budget Brewster Elementary School Committee 20 3 Elementary Schools Operating Override Brewster Elementary School Committee 21 4 Nauset Regional Schools Budget Nauset Regional School Committee 21 5 Nauset Regional Schools Operating Override Nauset Regional School Committee 22 6 Town Operating Budget Select Board 22 7 Water Department Enterprise Fund Operating Budget Select Board 26 8 Golf Department Enterprise Fund Operating Budget Select Board 26 9 Community Preservation Act Funding Community Preservation Committee 27 10 Capital & Special Projects Expenditures Select Board 33 11 Free Cash Appropriation Select Board 42 12 Special Revenue Fund: Cable Franchise Fee Select Board 43 13 Town Bylaw Amendment: Creation of Community Garden & Wetlands Protection Revolving Funds Select Board 43 14 Fire Union Collective Bargaining Agreement Select Board 45 15 Police Patrol Officer Collective Bargaining Agreement Select Board 45 16 Police Superior Officer Collective Bargaining Agreement Select Board 46 17 Police Dispatcher Collective Bargaining Agreement Select Board 46 18 Ladies Library Collective Bargaining Agreement Select Board 46 19 SEIU Collective Bargaining Agreement Select Board 47 20 OPEIU Collective Bargaining Agreement Select Board 47 21 Non-Union Personnel Wage Funding Select Board 48 22 Special Legislation: Transfer of Care, Custody, and Control & Change of Use of Wing Island Select Board 48 23 Town Bylaw Amendment: Building and Needs Assessment Committee Select Board 49 24 New Town Bylaw: Prohibition on Sale of Miniature Single Use Containers Select Board 49 25 Citizens Petition: Prohibition on Plastic Food Containers and Utensils Citizens Petition 50 26 Citizens Petition: New Town Bylaw – Town Meeting Approval of Projects Exceeding $100,000 Citizens Petition 52 27 Citizens Petition: Town Bylaw Amendment – Conditions on Select Board Acceptance of Anonymous Gifts Citizens Petition 53 I TOWN MODERATOR’S RULES 55 J GLOSSARY OF FINANCIAL TERMS 57 The Forgotten Village of South Brewster In its early years, Brewster was part of the Town of Harwich. Then known as North Parish, Brewster had settlements around the Congregational Church (now First Parish Church), Main Street, and Stony Brook Road. Development continued along the important roadways of Harwich Road (Route 124), Tubman Road and on Long Pond Road (Route 137), the roadway connecting Chatham and Cape Cod Bay. In 1803, when North Parish separated from Harwich and became Brewster, the Long Pond Road area soon came to be known as South Brewster. As Brewster’s economy centered on Stony Brook’s Factory Village, agricultural development took hold along Long Pond Road. Much of the land on the Cape had been deforested as the demand for wood for houses, ships and salt works grew. While the soil on this deforested land was not rich, South Brewster farmers grew rye, corn, oats, peas, and potatoes. They produced wool, butter, and hay, and they raised sheep and some cattle. By the mid-1800s, Brewster had one of the highest number of farms on the Lower Cape. The Village While South Brewster extended along Long Pond Road out to the boundary between Harwich and Brewster, the majority of houses clustered along Harwich, Tubman and Long Pond Roads. Some of the earliest houses, built in the 1700s and early 1800s, can still be found on these roads. There are a number of agricultural barns that su rvive from these years. Most are English Style barns with entrances located on one of the long sides. The New England Style gable front form barn developed in more prosperous farming regions in the mid-19th century. One family dominated this area. Much of the land was owned by the heirs of Moses Hopkins (1722-1776). The family were descendants of Stephen Hopkins who sailed to America on the Mayflower. One descendant, also named Moses Hopkins (1783-1864), owned land on Long Pond Road and deeded or sold parcels to his family or friends who then built houses and farmed the land. A village developed from Tubman Road along Long Pond Road to what is now Sheep Pond Drive. This area was known as Sleepy Hollow, probably due to the hilly terrain. The village had a store, cemetery and a school house. The Hopkins’ family relatives ran a blacksmith shop where Tubman and Long Pond Roads meet. A post windmill was also moved there from Orleans in the early 1800s and was used for turning wood making fence and bed posts. The Brewster Historical Society has one of these bed posts in their collection. As this was one of the highest spots in Brewster, now called Tower Hill, there was a signal post established topped with a barrel. When lit, it signaled the arrival of the packet ships at Breakwater Landing. The Outliers The house just south of Sheep Pond Drive belonged to the Howes family. It is believed that the land now known as Sheep Pond Estate had been deeded to the family by the Queen of England in the early 1700s. There is no indication that the family was part of the farming community. Further on, a smaller South Brewster neighborhood was established around Old Long Pond Road and a number of 19th century houses in this area still survive. The neighborhood, mostly self-sufficient farms with some orchards, had a small store, school house and blacksmith shop. These South Brewster families seemed to prefer a quieter life rather than being close to the Brewster town center. Changes One of the major changes in Brewster was the arrival of the Cape Cod Railroad in 1865. The South Brewster Depot was established where Tubman, Long Pond and, what is now Underpass Road meet. The wider availability of goods brought by rail, along with larger economic factors, contributed to the decline of industry in Brewster. Even the arrival of the railroad did not bring new industry or stop the decline in population during this period. Brewster lost almost half its population between 1870 and 1910. As Brewster’s industry declined, agriculture remained important as the town’s primary economic support. However, deforestation and early agricultural practices had taken its toll on farming so much so that when Thoreau visited the Cape between 1849 and 1855 he described “…soil no farmer would think of cultivating. It was hard to distinguish soil from sand.” And yet, farmers continued to grow a variety of crops, maintain orchards, and raise their livestock. Over the decades, these small farmers of South Brewster overcame the challenges of the land and weather and made a significant contribution to the development of the town. The historic houses of South Brewster are under the protection of the Old Kings Highway Historic District. Further information on South Brewster can be found on the Massachusetts Cultural Resource Information System (MACRIS). Patricia Hess is a member of the Brewster Historical Commission. The Commission has researched all the historic houses in town and the narratives (known as Form B) can be found in the reference section of the Brewster Ladies Library. Many thanks to Katherine Grover for her detailed research into all of the South Brewster historical houses. INFORMATION FOR MAY 1, 2023 ANNUAL TOWN MEETING Services Available to the Public During Town Meeting TRANSPORTATION: The Council on Aging offers rides to and/or from Town Meeting. For information or to schedule a ride to and/or from Town Meeting please call the Council on Aging at 508 -896-2737 by noon on Wednesday, April 26th. Rides are available during the entirety of Town Meeting. TRANSCRIPTION SERVICES: A real-time transcription of Town Meeting is available for the hearing impaired. Look for the screen to the right of stage. CHILD CARE SERVICES: Nauset Youth Alliance provides free childcare services for children ages 5 – 14, from 5:30 pm – 8:30 pm, in the Stony Brook School Art Room during Town Meeting. If you would like to take advantage of this service, please call or email the NYA before 4:00 pm on Friday, April 28th; 508-896-7900 or drost@nausetyouthalliance.org TOWN MODERATOR INFORMATION FOR BREWSTER VOTERS Brewster Voters: To prepare residents in advance, we are providing information here that will be helpful to everyone who plans to attend. In the interest of expediting introductory remarks, we appreciate your attention to the following procedures for the May 2023 Town Meeting: 1. Attendance: Please do not attend Town Meeting if you have recently tested positive for COVID, have any COVID symptoms, or have recently been in contact with a person diagnosed with COVID. 2. Check-in: Will start at 5pm in the hallway above the library. If you have a mobility issue, please move to the beginning of the check-in line. 3. Town Warrants: Copies of the Town Warrant will be available; voters are invited to bring their own copy. 4. Town Officials Participating in Town Meeting  Select Board: Chair David Whitney, Ned Chatelain, Kari Hoffmann, Mary Chaffee, and Cynthia Bingham  Town Manager: Peter Lombardi  Assistant Town Manager: Donna Kalinick  Town Clerk: Colette Williams  Finance Committee: Chair Pete Dahl, Frank Bridges, William Meehan, Honey Pivirotto, Robert Young, Alex Hopper, Robert Tobias, Andrew Evans and William Henchy  Finance Director: Mimi Bernardo  Town Counsel: Lauren Goldberg of KP Law  Constable: Roland Bassett, Jr. 5. Meeting Rules of Order  Brewster uses “Town Meeting Time: A Handbook of Parliamentary Law” as well as local practice and tradition.  Please be respectful and courteous to others. All questions or comments should be directed only to the Moderator. 6. Time Clock: Under our bylaw, presenters may speak for up to 5 minutes, and residents may speak for or against an article for up to 3 minutes. 7. Voting  All voting will be done by a show of hands using voter tickets. The Moderator will evaluate the show of hands and announce the result.  Voters may challenge the Moderator’s result; if more than 7 request a count, one will be done. 8. Microphones  Stationary microphones will be set up at the front of each aisle in the voter seating area. Please state your name and address when you speak. 9. Motions  Amendments: o If a minor amendment is proposed, the Moderator may accept it verbally. o If a longer amendment is offered, provide it in writing to the Town Clerk or her staff.  If you are unclear at any time about an action, raise your voter ticket to be recognized and state, “Point of order.” 10. Services  If you need handicapped parking, special seating, or any other type of assistance, please contact the Town Manager’s office (508-896-3701 ext. 1100) before Town Meeting. Handicapped parking will be available in the front of the school in the bus drop-off area.  Space will be available for voters using wheelchairs. Those with impaired mobility can access the check-in line via the main entrance at the front of the building.  A real-time transcription of Town Meeting will be available for the hearing impaired on the screen to the right of stage.  Nauset Youth Alliance provides free childcare services for children ages 5 – 14, from 5:30 pm – 8:30 pm, in the Art Room during Town Meeting. If you would like to take advantage of this service, please call or email the NYA before 4:00 pm on Friday, April 28th; 508-896-7900 or drost@nausetyouthalliance.org  Nauset Youth Alliance also provides food and beverages for purchase from 5:30 pm – 8:00 pm during Town Meeting.  The Council on Aging offers rides to and/or from Town Meeting. For information or to schedule a ride to and/or from Town Meeting please call the Council on Aging at 508-896-2737 by noon on Wednesday, April 26th. Rides are available during the entirety of Town Meeting. 11. Handouts/Flyers: A designated area will be available for distribution of materials to voters. 12. Thank you. I appreciate your commitment to conducting the Town’s business and participating in our local democracy in a respectful manner. Charles Sumner, Town Moderator REPORT OF THE FINANCE COMMITTEE Fiscal Year 2024 Dear Town Meeting Members: As we come to our Annual Town Meeting in May 2023, the conduct of the Town’s business seems to have returned to normal. Meetings are held in person with remote options and citizens are out exercising their right to attend meetings and direct the governance of our town. Our Town employees have been flexible, caring, and resilient in the face of a constantly changing environment and we owe them our thanks. The Finance Committee commends their work and continues to support their efforts. The Finance Committee consists of up to nine members appointed by the elected Town Moderator. Our primary role is to advise Town Meeting voters on all the articles contained in the Town Meeting Warrant and inform your debate and deliberations with our reviews and recommendations. This committee takes that role seriously. Since the Annual Town Meeting on May 15th, 2022, the Finance Committee met 20 times, attended Special Town Meetings in the Fall and in March 2023, and discussed and voted on every article that appears before this Town Meeting. Town Operating Budget Our votes recommending your approval of the Town Operating Budget as well as those in support of Golf Department, Water Department, & Capital and Special Projects Expenditures are the result of our having the opportunity to meet jointly with the Select Board to hear budget presentations by, and ask questions of, Town Department Heads. You may watch the video recordings of these meetings and we hope you will agree with our recommendations. The operating budget requested for FY 2024 (July 1, 2024 – June 30, 2025) is $25,309,899 and represents a 4.2% increase over the prior period. In this high inflationary period, the Finance Committee considered this budget reasonable and recommended Town Meeting support it by a vote of 8-0-0. The Finance Committee voted to recommend Town Meeting approval of the Water Department Budget of $2,897,932 and the Golf Department budget of $4,386,855 each by a vote of 8-0-0. As both departments are now enterprise funds, they are self-sustaining. Capital Requests For FY2023, the Town is requesting $2,321,748 for various capital expenditures (Article 10). The Finance Committee supports this investment in our infrastructure. It is important to continually upgrade the assets of our Town for both safety and efficiency. The use of Free Cash for much of this expenditure represents a prudent approach to capital spending. The Finance Committee voted unanimously in support of these projects. School Operating Budgets School budgets represent a significant share of the spending you will decide upon at Town Meeting. Cape Cod Technical High School - Brewster is one of twelve towns in the Cape Cod Regional Technical High School District; Brewster’s assessment is based on enrollment and appears in Article 1. Brewster’s assessment will vary from year to year, but overall, the Cape Tech budget has increased by a reasonable 3.9%. Brewster’s FY24 assessment is actually set to decrease based on revenue offsets and a reduction in Brewster student enrollment. The Finance Committee continues to support the work of the administration and staff of Cape Cod Technical High School and voted 9-0-0 to support their budget. Brewster School Department - The funding request for the Stony Brook School (grades PreK-2) and the Eddy School (grades 3-5) – appears in warrant Articles 2 and 3. Brewster Elementary Schools are administered as part of the Nauset Regional School District but Town Meeting votes on their budget separately. The Brewster School Committee is requesting $11,072,556to operate the schools during FY2024. Town Administration has determined that a 4% increase, or $10,755,678, can be supported within the levy limit via Article 2 but that an operating override of $316,878, representing an additional 3.73%, is required to fully fund the school’s budget request via Article 3. School leadership has seen increasing financial pressures as it has adjusted staff to meet the changing educational needs of our elementary school age students. The Finance Committee voted 6-2-0 to support the budget, and 5-3-0 to support the override. Nauset Regional High School – As you can see in the Select Board’s votes, the Regional School budget has presented a significant challenge to the Town’s finances this year. Brewster is the largest of the four towns in the Nauset Regional School District that includes a Regional Middle School and a Regional High School. Brewster’s assessment, based on enrollment, appears in warrant Articles 4 and 5. Note that you elect representatives from Brewster to School Committees overseeing each of the Brewster Elementary and Nauset Regional School districts in the annual Town Election. The Nauset Regional School Committee is requesting $27,763,994 to operate the Nauset district during FY2024. Based on student enrollment, Brewster’s share of the district operating budget next year is $13,359.244. As is the case with the Elementary school budget, Town Administration determined that a 4% increase, or $12,711,524, could be supported within the existing levy limit via Article 4 but that an operating override of $647,720 would be required to fully fund the district’s budget request via Article 5. The Finance Committee members voted to recommend the Nauset Regional Public School’s budget (the portion funded within the levy) by a vote of 5-3-0. The general sense of the Finance Committee is that the 4% increase that fits into our levy limit represents a reasonable increase. A majority of the Committee felt that while the 7.69% increase requested by the Nauset Regional School Department might be the result of inflationary pressure and student needs, they could not support the request given the continued and projected declines in District enrollment. A minority of the Committee recommended approval of the budget out of concern that large cuts to the FY 2024 budget would result in significant negative impacts to the educational program. The Finance Committee voted 3-6-0 not to support the $647,720 override. This vote against the override represents several positions from committee members. Some members of the committee are of the view that if voters in Brewster and at least one other town in the district reject the Nauset budget, this would force a reconsideration and re-submission of a revised budget by the Nauset School Department. The Finance Committee was clear that while this could necessitate an additional Town Meeting and override election to ensure municipal services are NOT affected should the current budget be approved by the voters in the other three district towns, the effort is necessary. Others on the Finance Committee look at declining enrollment trends and feel the request for additional funds is not supportable. Three members of our committee favor the override and see the increase as necessary to support the educational mission of the district. The Finance Committee also notes that the $2,194,957 requested for Debt Service is only a part of the Debt Service that will be required to fund the Nauset High School project. Brewster can expect its debt assessment to dramatically increase once the project’s debt is fully issued. The Finance Committee continues to insist that the Nauset Regional School Department take whatever steps necessary to require the towns of Provincetown and Truro to join the district. This would have the effect of formally assessing these towns for a portion of the school debt. The new Nauset Regional high School is being built to house the students of those towns. In addition, the Finance Committee has requested both the Brewster School Committee and the Nauset Regional School Committee consider expanding strategic planning, including by developing a multi-year financial plan, to respond to the concerning trends in overall costs (increasing), per-pupil costs (increasing), and overall enrollment (declining). The intersection of these trends will continue to present financial difficulties for the foreseeable future. The Finance Committee applauds the education that the Brewster Schools, the Nauset Public Schools, and the Cape Cod Technical High School provide to the students of Brewster. The hard work of our teachers and staff continues to provide our children with a first-class education. The Finance Committee notes that, along with the high educational excellence rating, Nauset District cost per student is also among the highest in the state, compelling the Finance Committee to seek a better understanding of the value - costs and benefits – of School Choice. In closing, we would like to thank the many Town and School employees for their efforts in service to the residents of Brewster. We especially acknowledge and appreciate our close working relationship with the Select Board, Town Manager, Finance Director, Assistant Town Manager, and the many Department Heads and their staff who helped us understand the work they do, and the budgets and other warrant articles here presented. The effort put forward by this team has been extraordinarily effective in keeping the Town of Brewster moving in the direction both desired and expected by the citizens and taxpayers of Brewster. Finally, we thank you, the voters who attend Town Meeting and undertake to do the business of the Town. We are proud to serve you and the Town of Brewster . Respectfully submitted, Harvey (Pete) Dahl, Chairman Frank Bridges, Vice Chair William Meehan, Clerk Andrew Evans Alex Hopper Honey Pivirotto Robert Tobias Robert Young William Henchy TAX RATE MEDIAN SINGLE FAMILY INCREASE TAX BILL IMPACT $250,000 =$0.04 $27 $500,000 =$0.09 $55 $750,000 =$0.13 $82 $1,000,000 =$0.17 $110 $1,250,000 =$0.22 $137 $1,500,000 =$0.26 $164 $1,750,000 =$0.30 $192 $2,000,000 =$0.34 $219 $2,250,000 =$0.39 $247 $2,500,000 =$0.43 $274 $2,750,000 =$0.47 $302 $3,000,000 =$0.52 $329 $3,250,000 =$0.56 $356 $3,500,000 =$0.60 $384 $3,750,000 =$0.65 $411 $4,000,000 =$0.69 $439 $4,250,000 =$0.73 $466 $4,500,000 =$0.77 $493 $4,750,000 =$0.82 $521 $5,000,000 =$0.86 $548 As you consider budget-related articles included in this year's Annual Town Meeting warrant, this chart identifies the anticipated tax rate and tax bill impacts on a property valued at $636,700, the current median single-family residential property value. This chart only applies to the budget articles funded by property taxes – Articles 1-6. Articles 7-12 are financed through other funding sources. The above calculations are based on the Town's total property valuation of $5,807,261,160 for Fiscal Year 2023, which is updated on an annual basis. TOWN OF BREWSTER FISCAL YEAR 2024 TAX LEVY INCREASE IN DEPARTMENTAL INDEX FY2023 FY2024 FY2025 FY2026 FY2027 SELECT BOARD/ TOWN ADMINISTRATION Integrated Water Resource Planning/Implementation 135,000 100,000 100,000 100,000 100,000 Golf Course Septic Upgrade (IWRMP)200,000 Ponds Alternative Septic Pilot (IWRMP)300,000 Sea Camps Comprehensive Planning 250,000 Sea Camps Bay Property Site Remediation 420,000 Electronic Records Archival Database Project 100,000 100,000 100,000 Pool Revolving Fund- Seed Money 200,000 Community Center Feasibility Study 300,000 BREWSTER AFFORDABLE HOUSING TRUST Millstone Road Housing 1,000,000 FACILITIES Town Hall Window Replacement 150,000 100,000 Crosby Cottage #3 Renovation 150,000 POLICE Vehicle Replacement 115,000 155,000 115,000 155,000 115,000 Dispatch Console 225,000 NATURAL RESOURCES Freemans Pond Culvert Wing Walls 480,000 Stony Brook Mill Retaining Wall & Fishway Improvements 240,000 939,000 Bike Trail Extension (Linnell Landing)800,000 1,100,000 Low Lying Roads Improvements 100,000 BREWSTER ELEMENTARY SCHOOLS Stony Brook School Roof Design 450,000 Stony Brook School Asphalt & Rubber Roof Replacement 3,000,000 Eddy School Resurface Parking Lot & Drive 250,000 Eddy School Sidewall Shingle Replacement 400,000 Stony Brook HVAC Replacement 8,042,362 Stony Brook HVAC Design 725,000 NAUSET REGIONAL SCHOOLS High School Renovation 4,254,577 4,254,897 4,254,707 4,256,272 NRHS Annual Capital Allocation 278,577 285,541 292,680 299,997 307,497 DEPARTMENT OF PUBLIC WORKS Drainage/Road Maintenance 225,000 250,000 275,000 300,000 325,000 Millstone Road Construction 500,000 4,000,000 1,200,000 Route 137 Design & Construction 2,000,000 Other State Aid (Ch 90) Road Projects 311,292 315,000 315,000 315,000 315,000 P-2 One Ton Dump Truck 2012 110,000 L-3 Loader/Backhoe 2006 200,000 H-9 Silverado 1 ton 2015 110,000 H-6 Dodge Ram 2015 120,000 CCSC Pool Parking Lot Construction 250,000 L-5 BRC Rolloff Truck Replacement 225,000 Multi-Purpose Tractor 225,000 Breakwater Rd. & Foster Rd. Repaving 186,935 WATER ENTERPRISE FUND Master Plan Update 250,000 Tanks Exterior Painting 110,000 200,000 200,000 200,000 200,000 COUNCIL ON AGING COA Roof Replacement 170,000 BREWSTER LADIES LIBRARY Exterior Trim Repairs & Replacement / Painting 200,000 Elevator Replacement (Design & Construction)300,000 RECREATION Town Hall Fields ADA & Upgrade Project 250,000 Gages Field ADA & Upgrade Project 205,000 Freemans Way Irrigation Replacement 500,000 Sailing & Pond Equipment 100,000 GOLF ENTERPRISE FUND Additional Clubhouse Window & Door Replacement 125,000 Maintenance Building Design 200,000 Maintenance Building Replacement 280,000 272,000 264,000 Cart Path Improvements 120,000 120,000 Equipment Replacement 380,000 315,000 250,000 200,000 200,000 Irrigation Replacement Construction (36 holes)616,850 598,975 Driving Range Improvements 100,000 TOTAL REQUESTS 4,496,804 14,139,118 17,524,939 11,658,554 10,976,744 SOURCE OF FUNDS FY23 FY24 FY25 FY26 FY27 American Rescue Plan Act 420,000 Brewster Affordable Housing Trust 750,000 Cell Tower Revenues 150,000 Chapter 90 (State Aid for Roads)311,292 315,000 315,000 315,000 315,000 Community Preservation Act 350,000 205,000 500,000 Excluded Debt 0 4,979,577 12,747,259 4,254,707 6,256,272 Federal Grants 1,179,000 Free Cash 1,990,000 1,075,000 1,340,000 1,325,000 1,115,000 Golf Retained Earnings 625,000 615,000 530,000 1,088,850 1,182,975 Raise & Appropriate 278,577 285,541 292,680 299,997 307,497 Road Bond 500,000 4,000,000 1,200,000 Short Term Debt 0 0 550,000 3,000,000 0 State Grants 75,000 240,000 100,000 800,000 1,100,000 Water Quality Stabilization 0 150,000 Water Retained Earnings 110,000 200,000 450,000 200,000 200,000 Winter Recovery Assist. Program (State Aid for Roads)186,935 Recreation Revolving Fund 20,000 TOTAL REVENUES 4,496,804 14,139,118 17,524,939 11,658,554 10,976,744 * This chart reflects the major potential projects on the Town's 5-Year Capital Improvement Plan as of January 2023 TOWN OF BREWSTER PROJECTED CAPITAL PROJECTS IN EXCESS OF $100,000 * HEALTH AND HUMAN SERVICES REPORT Below please find the Health and Human Services Committee’s funding recommendations for 17 non-profit agencies that support Brewster citizens. We are grateful for the services of these 17 incredible agencies. Every year, these agencies help our neighbors through tough times, and times have never been tougher than they are now. AGENCY FY24 Recommended FY23 Award FY22 Award AIDS Support Group of Cape Cod $5,000 $5,000 $4,000 Alzheimer’s Family Support Center $11,000 $11,000 $10,000 Cape Abilities $7,000 $7,000 $7,000 Cape Cod Children’s Place $10,500 $10,500 $9,000 Consumer Assistance Council $600 $600 $600 Duffy Health Center $1,500 $1,000 $1,000 Elder Services of Cape Cod $9,120 $8,600 $8,600 Family Pantry of Cape Cod $5,000 $5,000 $5,000 Food 4 Kids–Church of the Holy Spirit $3,500 Gosnold $12,000 Homeless Prevention Council $15,000 $15,000 $15,000 Independence House $12,000 $10,000 $9,000 Lower Cape Outreach Council $12,000 $10,000 $9,500 Nauset Together We Can $1,500 $1,500 $1,500 Nauset Youth Alliance $16,000 $16,000 $17,000 Outer Cape Health Services $15,000 $15,000 $15,000 Sight Loss Services $2,000 $1,500 $1,500 South Coastal Counties Legal Services $4,350 $4,250 $4,200 Total $131,070 $121,950 $129,900 This year, we had two new applicants: (1) Cape Cod Christian Academy requesting $10,000, and (2) Food 4 Kids sponsored by Church of the Holy Spirit requesting $3,500. Both organizations are faith-based, so we contacted Town Counsel through Town Project Manager Conor Kenny. Town Counsel determined that the services provided by Cape Cod Christian Academy are not eligible for town funding due to the fact that Cape Cod Christian Academy is operating as a private school; the Committee voted unanimously to remove the application from consideration. On the other hand, Town Counsel determined that Food 4 Kids is eligible for town funding because the provided services are not religious in nature, and they are free to all children. The mission of Food 4 Kids is to provide free food and free books to Cape Cod children during the summer when school is out. In the summer of 2022, Food 4 Kids provided 2,684 free meals to Brewster children at an estimated cost of $16,138. The Committee voted unanimously to recommend fully funding the $3,500 request from Food 4 Kids. Of the 16 re-applying organizations, the Committee voted to recommend level funding for 10 organizations and increased funding for 6 organizations. In total, the 17 eligible organizations requested $141,070, and the Committee recommends granting $131,070. Although the consensus of the Committee is that most organizations are worthy of full funding, the Committee did its best to trim as much as possible to be consistent with recent budgets. The Committee’s FY24 recommendation is 0.9% above the approved FY22 budget of $129,900. (The FY23 budget was anomalous due to Gosnold’s unexpected withdrawal of its request of $12,000.) The needs of Brewster residents are on the rise, and the costs to meet those needs are also on the rise. A 2.5% annual budget increase allows us to recommend substantial funding for all the great organizations that apply, even if the 2.5% annual budget increase does not permit funding their requests in full. The impossible challenge is when new organizations apply. As it stands, in order to fund a new organization, we have to defund returning organizations, but those returning organizations are continuing to do essential work at increasing costs. Going forward, the Health and Human Services Committee intends to consult with the Select Board, Finance Committee and Town Manager’s Office to come up with a solution consistent with the values and economics of the Brewster community. One possible solution is that the Committee makes two sets of recommendations instead of the one traditional set for all applicants. The first set would be funding recommendations for returning organizations, and the Committee would follow town budgetary guidelines. The second set would be additional funding recommendations for the additional organizations. Of course, this is but one solution, and the Committee looks forward to working with the Select Board, Finance Committee and Town Manager’s Office to come up with the right solution for Brewster. Following is but one highlight from each organization that reapplied for funding: Aids Support Group of Cape Cod, in FY22, in addition to a Cape-wide overdose prevention program, served 47 Brewster residents with prevention and screening services and 11 Brewster residents with medical case management. Requested Funding: $5,000 Recommended Funding: $5,000 Alzheimer’s Family Support Center, in FY22, served 279 Brewster residents for a total of 1,031 hours of services including support groups, ongoing phone support, counseling, care consultation, memory screenings, education, outreach and social and cultural events with a conservatively estimated total cost of $36,085 per year. Requested Funding: $15,000 Recommended Funding: $11,000 Cape Abilities, in FY22, served 19 Brewster residents with vocational training, supported employment, day habilitation, life skills, community-based day supports, residential services, adult family care and shared living. Requested Funding: $7,000 Recommended Funding: $7,000 Cape Cod Children’s Place, in FY22, served 125 Brewster parents and children with family support visits, play groups, and parenting education classes (700 Units of Service). Requested Funding: $11,000 Recommended Funding: $10,500 Consumer Assistance Council, in FY22, closed 16 Brewster cases for whom they recouped/saved $9,071. Requested Funding: $1,100 Recommended Funding: $600 Duffy Health Center, through their In From The Streets Program in FY22, served 2 Brewster clients by providing 32 nights of emergency safe shelter with a conservatively estimated total cost of $3,520. Requested Funding: $1,500 Recommended Funding: $1,500 Elder Services, in FY22, delivered 8,731 free Meals-on-Wheels to 90 Brewster residents with an estimated total cost of $107,827. Requested Funding: $9,120 Recommended Funding: $9,120 Family Pantry of Cape Cod, in FY22, provided food (6,496 grocery bags of food), clothing, healthy-eating education and a mobile pantry to 557 Brewster residents, for an estimated total cost of $53,873. Requested Funding: $5,000 Recommended Funding: $5,000 Homeless Prevention Council, in CY21, provided case managers enabling a broad range of individualized services for 256 Brewster clients with an estimated total cost of $86,058. Requested Funding: $18,000 Recommended Funding: $15,000 Independence House, in FY22, provided an array of services including counseling, advocacy and basic needs to 290 Brewster children and adult survivors through programs such as the Child Witness to Violence Program and Child Sexual Assault Services with an estimated total cost of $84,476. Requested Funding: $12,000 Recommended Funding: $12,000 Lower Cape Outreach Council, in FY22, served 259 Brewster households through cash assistance, food, clothing, Thanksgiving baskets and holiday toys with an estimated total cost of $201,528. Requested Funding: $12,000 Recommended Funding: $12,000 Nauset Together We Can, in FY22, served Brewster middle schoolers through 144 visits to the free Youth After School Program which provides a safe, healthy, social environment for students to do homework, play and relax with adult supervision and mentoring. Requested Funding: $3,500 Recommended Funding: $1,500 Nauset Youth Alliance, in FY22, served 37% of Brewster elementary schoolers by providing after-school education, care and enrichment, with an estimated total cost of $369,797. Requested Funding: $16,000 Recommended Funding: $16,000 Outer Cape Health Services, in FY22, provided 1,222 Brewster residents with 6,457 billable visits and 15,568 unbillable encounters (including uninsured patients and interactions with phone callers, web users, lab staff, pharmacy staff etc.). Requested Funding: $15,000 Recommended Funding: $15,000 Sight Loss Services, in FY22, provided 364 units of service (support groups, education, referrals, home independence, adaptive aids and advocacy) to 64 Brewster residents with an estimated total cost of $10,944. Requested Funding: $2,000 Recommended Funding: $2,000 South Coastal Counties Legal Services, in FY22, provided free legal services to 23 low-income and/or elderly Brewster residents with an estimated total cost of $42,550. Requested Funding: $4,350 Recommended Funding: $4,350 The members of this committee continue to be impressed with the work of these agencies in their efforts to support our townspeople. It is clear that Brewster residents seek out these agencies for support, especially in times of crisis; it is also clear that the agencies seek to find new and more effective ways to meet the needs expressed by our residents. We hope you will approve our recommendation for a 0.9% funding increase over FY22. TOWN OF BREWSTER ANNUAL TOWN MEETING MAY 1, 2023 Barnstable, ss To: Roland W. Bassett, Jr. Constable of the Town of Brewster Greetings: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet at the Stony Brook Elementary School, 384 Underpass Road, on Monday, May 1, 2023, next, at 6:00 p.m. o’clock in the evening, then and there to act upon the following articles: CAPE COD REGIONAL TECHNICAL HIGH SCHOOL BUDGET ARTICLE NO. 1: To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray Cape Cod Regional Technical High School charges and expenses for the Fiscal Year ending June 30, 2024, as follows: DEPARTMENT EXPENDED FY2022 APPROPRIATED FY2023 REQUESTED FY2024 CAPE COD TECH OPERATING ASSESSMENT 804,633 1,115,633 992,867 DEBT ASSESSMENT 409,710 549,461 471,498 TOTAL ASSESSMENT 1,214,343 1,665,094 1,464,365 Or to take any other action relative thereto. (Cape Cod Technical School Committee) (Majority Vote Required) COMMENT This article will provide funding for the Fiscal Year 2024 budget for the Cape Cod Regional Technical High School District. This district consists of the Towns of Barnstable, Brewster, Chatham, Dennis, Eastham, Harwich, Mashpee, Orleans, Provincetown, Truro, Wellfleet and Yarmouth. The overall district-wide budget has increased by 3.86% over Fiscal Year 2023. Due to increases in projected revenues, the total Fiscal Year 2024 operating assessment has decreased by $217,785 or -1.71% over Fiscal Year 2023. Brewster’s actual share of the operating assessment has decreased by a sum of $122,766, or -11.00%, over Fiscal Year 2023, partially due to decreases in Brewster student enrollment. District-wide enrollment has increased from 656 students to 664 students, while Brewster’s enrollment has decreased from 59 to 53 students for this same period. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 ELEMENTARY SCHOOLS OPERATING BUDGET ARTICLE NO. 2: To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray the Elementary Schools’ charges and expenses, for the Fiscal Year ending June 30, 2024, as follows: DEPARTMENT EXPENDED FY2022 APPROPRIATED FY2023 REQUESTED FY2024 ELEMENTARY SCHOOL BUDGET 7,944,131 8,148,973 8,474,932 SCHOOL FRINGE BENEFITS 1,928,092 2,342,589 2,280,746 TOTAL ELEMENTARY SCHOOL BUDGET (ARTICLE 2) 9,872,223 10,491,562 10,755,678 ELEMENTARY SCHOOL BUDGET OVERRIDE (ARTICLE 3) - - 316,878 TOTAL ELEMENTARY SCHOOL BUDGET (ARTICLES 2 + 3) 9,872,223 10,491,562 11,072,556 Or to take any other action relative thereto. (Elementary School Committee) (Majority Vote Required) COMMENT This article provides partial funding for the Fiscal Year 2024 operating budget for the Stony Brook and Eddy Elementary Schools. The Fiscal Year 2024 budget request for the Elementary Schools, as approved by the Brewster School Committee, is $8,791,810, a $642,837 or 7.89% increase over Fiscal Year 2023 operating expenses. The Town’s total elementary school assessment is increasing by 5.54% when the schools’ proportionate shares of fringe benefits expenses is applied. This article will fund the portion of the Elementary Schools’ Fiscal Year 2024 budget that can be raised and appropriated within the Town’s current levy limit, a 4.00% increase in their operating budget. Approval of supplemental funding in Article 3 and at the local ballot on May 16, 2023 is required to fully fund the $316,878 balance of the FY24 Elementary School budget to match the amounts voted by the Brewster School Committee. Select Board: Yes 4, No 1, Abs 0 Finance Committee: Yes 6, No 2, Abs 0 ELEMENTARY SCHOOLS OPERATING OVERRIDE ARTICLE NO. 3: To see if the Town will vote to raise and appropriate the sum of $316,878 to defray the Elementary Schools’ charges and expenses, for the Fiscal Year ending June 30, 2024, provided however that such appropriation shall be expressly contingent upon approval by the Town at a Regular or Special Election to authorize such sums to be raised outside the limits of General Laws Chapter 59 Section 21C, paragraphs (g) and (m) (Proposition 2½ so called), or to take any other action relative thereto. (Elementary School Committee) (Majority Vote Required) COMMENT This article will provide the balance of funding needed for the Fiscal Year 2024 operational budget for the Stony Brook and Eddy Elementary Schools. This appropriation is subject to approval of a Proposition 2 ½ override question on the May 16, 2023 local election ballot. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 2, Abs 0 NAUSET REGIONAL SCHOOLS BUDGET ARTICLE NO. 4: To see what sums the Town will vote to raise and appropriate and/or transfer from available funds to defray the Nauset Regional School District charges and expenses for the Fiscal Year ending June 30, 2024, as follows: DEPARTMENT EXPENDED FY2022 APPROPRIATED FY2023 REQUESTED FY2024 NAUSET OPERATING ASSESSMENT 11,743,855 12,222,619 12,711,524 NAUSET DEBT ASSESSMENT 175,644 139,228 2,194,957 TOTAL NAUSET ASSESSMENT (ARTICLE 4) 11,919,499 12,361,847 14,906,481 NAUSET OVERRIDE (ARTICLE 5) - - 647,720 TOTAL NAUSET ASSESSMENT (ARTICLES 4 + 5) 11,919,499 12,361,847 15,554,201 Or to take any other action relative thereto. (Nauset Regional School Committee) (Majority Vote Required) COMMENT This article provides partial funding for the Fiscal Year 2024 budget for the Nauset Regional School District. The overall operating budget for the Nauset Regional Schools, as approved by the Nauset Regional School Committee, is $27,763,994, a $1,981,905 or 7.69% increase over Fiscal Year 2023 operating expenses. Brewster’s share of the Nauset Schools budget is $13,359,244. Brewster’s proportionate share of total student enrollment has increased from 47.4% in Fiscal Year 2023 to 48.1% in Fiscal Year 2024. This article will fund the portion of the Nauset Region Fiscal Year 2024 operating assessment that can be raised and appropriated within the Town’s current levy limit, a 4.00% increase in their operating budget. Approval of supplemental funding in Article 5 and at the local ballot on May 16, 2023 is required to fully fund the $647,720 balance of the FY24 Nauset Region assessment to match the amounts voted by the Nauset Regional School Committee. Brewster’s FY24 Nauset debt assessment is increasing by $2,055,729, which reflects approximately half of Brewster’s share of the total estimated annual debt payments related to the high school renovation project. Brewster’s share of those debt payments is expected to increase again by approximately $2,000,000 more in FY25 once the high school project is complete and long-term excluded debt has been issued. Select Board: Yes 1, No 4, Abs 0 Finance Committee: Yes 5, No 3, Abs 0 NAUSET REGIONAL SCHOOLS OPERATING OVERRIDE ARTICLE NO. 5: To see if the Town will vote to raise and appropriate the sum of $647,720 to defray the Nauset Regional School District charges and expenses, for the Fiscal Year ending June 30, 2024, provided however that such appropriation shall be expressly contingent upon approval by the Town at a Regular or Special Election to authorize such sums to be raised outside the limits of General Laws Chapter 59 Section 21C, paragraphs (g) and (m) (Proposition 2½ so called), or to take any other action relative thereto. (Nauset Regional School Committee) (Majority Vote Required) COMMENT This article will provide the balance of funding needed to fully approve the Fiscal Year 2024 operating budget for the Nauset Regional School District. This appropriation is subject to approval of a Proposition 2 ½ override question on the May 16, 2023 local election ballot. Select Board: Yes 2, No 3, Abs 0 Finance Committee: Yes 3, No 6, Abs 0 TOWN OPERATING BUDGET ARTICLE NO. 6: To see what sums the Town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute, for the purposes of supporting the offices, departments, boards, and commissions of the Town of Brewster for Fiscal Year 2024, including authorization for lease purchases of up to five years, as follows: EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY 2022 FY 2023 FY 2024 GENERAL GOVERNMENT Finance Committee 4,443 105,500 105,500 Assessors 131,261 151,782 161,716 Accounting 228,491 258,343 258,426 Treasurer/ Collector 283,123 350,727 367,127 Information Technology 332,312 410,962 438,384 Legal 143,032 168,653 172,026 Moderator 300 300 300 Planning 146,419 206,412 218,325 Select Board / Town Administration 504,271 592,355 613,872 Human Resources 126,348 165,949 175,766 Town Clerk 195,237 249,324 254,921 Public Buildings 169,059 273,639 295,125 SUBTOTAL GENERAL GOVERNMENT 2,264,296 2,933,946 3,061,488 PUBLIC SAFETY Building Department 410,856 416,157 431,967 Fire Department 3,101,671 3,123,820 3,273,347 Emergency Management 0 0 2,500 Natural Resources 422,012 483,715 515,732 Police Department 2,883,773 2,996,585 3,101,642 Sealer of Weights & Measures 9,455 9,692 9,934 SUBTOTAL PUBLIC SAFETY 6,827,767 7,029,969 7,335,122 EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY 2022 FY 2023 FY 2024 PUBLIC WORKS Public Works 2,010,734 2,185,153 2,280,016 Snow & Ice Removal 202,119 169,179 173,410 Streetlights 3,461 5,515 5,515 SUBTOTAL PUBLIC WORKS 2,216,314 2,359,847 2,458,941 HUMAN SERVICES Council on Aging 323,486 385,337 392,572 Board of Health 260,037 284,805 315,248 Veteran’s Services 101,556 120,837 101,693 Public Assistance 144,900 136,950 146,070 SUBTOTAL HUMAN SERVICES 829,979 927,929 955,583 CULTURE & RECREATION Brewster Ladies Library 679,092 738,034 765,424 Recreation 197,204 232,235 254,337 Parades & Events 0 1,500 1,500 SUBTOTAL CULTURE & RECREATION 876,296 971,769 1,021,261 DEBT SERVICE Principal & Interest 2,401,101 3,321,898 2,957,645 SUBTOTAL DEBT SERVICE 2,401,101 3,321,898 2,957,645 INSURANCE, UTILITIES & FRINGE BENEFITS General Insurance 441,220 534,482 561,201 Utilities 415,175 505,423 538,784 Fringe Benefits 4,000,285 4,515,109 5,169,307 SUBTOTAL INSURANCE & FRINGE 4,856,680 5,555,014 6,269,292 EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY 2022 FY 2023 FY 2024 OTHER OPERATING EXPENSES & ASSESSMENTS Assessments 28,040 29,271 31,217 Alewives 3,300 4,350 4,350 Local Service Funding 39,843 40,000 48,000 Transfer to Capital Stabilization 225,000 187,500 250,000 Transfer to General Stabilization 0 0 0 Transfer to Housing Trust 250,000 375,000 500,000 Transfer to OPEB Trust 267,000 267,000 267,000 Transfer to Brewster Elementary Schools SPED Stabilization 0 100,000 0 Transfer to Water Quality Capital Stabilization 0 112,500 150,000 SUBTOTAL OTHER OPERATING EXPENSE & ASSESSMENTS 813,183 1,115,621 1,250,567 GRAND TOTAL OF GENERAL FUND OPERATING BUDGETS 21,085,616 24,215,992 25,309,899 Or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT This article will provide funding for the Fiscal Year 2024 operational budget for the Town boards, committees, and departments. The Town’s General Fund operating budget, as presented in this article, exclusive of the transfers identified in Other Operating Expenses and Assessments which are funded from Short-Term Rental revenues, has increased by 4.18%. Please note the following details on several of the budget line items listed above: Public assistance includes funding for Health & Human Service organizations and fuel assistance. Assessments include funding for the Pleasant Bay Alliance, Greenhead Fly, and Historic District. Local Services includes funding for the Chamber of Commerce, Town Band, Cultural Council, Skipping Program, and Millsites. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0 WATER DEPARTMENT ENTERPRISE FUND OPERATING BUDGET ARTICLE NO. 7: To see if the Town will vote, in accordance with G.L. c. 44, §53F1/2, to appropriate from Water Department receipts, transfer from available funds, borrow pursuant to any applicable statute, or otherwise fund the sum of TWO MILLION EIGHT HUNDRED NINETY SEVEN THOUSAND NINE HUNDRED THIRTY TWO DOLLARS ($2,897,932) for Fiscal Year 2024 costs associated with the operation of the Water Department including, but not limited to acquiring professional services and equipment, personnel and maintaining facilities and operations, including authorization for lease purchases of up to five years; all expenditures to be made by the Water Department, subject to the approval of the Town Manager, or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT In accordance with Massachusetts General Laws Chapter 44, Section 53F1/2, receipts from Water Department related activities are used to directly offset Water Department related expenditures including capital and infrastructure costs. Voting a spending amount within the Water Department Enterprise Fund allows receipts and related expenditures to be recorded in one fund. The Water Department’s operating budget, as presented in this article, has increased by 4.5%. Water Department expenses are fully covered by user fees. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0 GOLF DEPARTMENT ENTERPRISE FUND OPERATING BUDGET ARTICLE NO. 8: To see if the Town will vote, in accordance with G.L. c. 44, §53F1/2, to appropriate from Golf Department receipts, transfer from available funds, borrow pursuant to any applicable statute, or otherwise fund the sum of FOUR MILLION THREE HUNDRED EIGHTY SIX THOUSAND EIGHT HUNDRED FIFTY FIVE ($4,386,855) for Fiscal Year 2024 costs associated with Golf Department related expenses including, but not limited to acquiring professional services and equipment, personnel and maintaining facilities and operations, including authorization for lease purchases of up to five years; all expenditures to be made by the Golf Department, subject to the approval of the Town Manager, or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT In accordance with Massachusetts General Laws Chapter 44, Section 53F½, receipts from Golf Department related activities are used to directly offset Golf Department related expenditures, including some capital and infrastructure costs. Voting a spending amount within the Golf Department Enterprise Fund allows receipts and related expenditures to be recorded in one fund. The Golf Department’s operating budget, as presented in this article, has increased by 8.1%. Golf Department expenses are fully covered by user fees. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0 COMMUNITY PRESERVATION ACT FUNDING ARTICLE NO. 9 : To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2024 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year, with each item considered a separate appropriation to be spent by the Community Preservation Committee, all as set forth below: Estimated revenues FY24___ a. Estimated FY24 tax surcharge $1,223,691 b. Estimated FY24 state contribution (25%) $ 358,153 c. FY24 Estimated Total: $1,581,844 FY24 Appropriations and Allocations a. Historic Preservation Reserve appropriation (10%) $158,184 b. Community Housing Reserve appropriation (10%) $158,184 c. Open Space/Recreation Reserve appropriation (10%) $158,184 d. Budgeted Reserve (65%) $1,028,199 e. Administrative Expense (Budgeted Reserve) ( 5%) $79,092 f. Designated Reserves for Open Space $31,449 g. Undesignated Fund Balance (Previous Year Carryover) $315,520 h. Total $1,928,812 Purpose Item Funding Source(s) Amount 1 Historic Preservation a. Designated Reserves for Historic Preservation Transfer to reserve from estimated annual revenues in accordance with G.L. c.44B, §6 Fiscal Year 2024 CPA estimated annual revenues $158,184 Sub-total $158,184 2 Community Housing a. Designated reserves for Housing Transfer to reserve from estimated annual revenues in accordance with G.L. c.44B, §6 Fiscal Year 2024 CPA estimated annual revenues $158,184 Sub-total $158,184 3 Open Space/Recreation a. Community Preservation Bonded Debt Service Payment of debt principal and interest for the BBJ Property, and Bates Property bonds $158,184 from Fiscal Year 2024 CPA estimated annual revenues and $31,449 from Designated Reserves for Open Space $189,633 Sub-total $189,633 4 Budgeted Reserve a. Administration Expense Administration and operating expenses for Community Preservation Committee Fiscal Year 2024 CPA estimated annual revenues $79,092 b. Designated for Budgeted Reserve Transfer to reserve from estimated annual revenues in accordance with G.L. c.44B, §6 Fiscal Year 2024 CPA estimated annual revenues $1,028,199 Sub-total $1,107,291 5 Undesignated Fund Balance (Previous Year Carryover) a. Brewster Council on Aging: Accessible Outdoor Furniture for Freemans Fields Purchase and installation of accessible benches and picnic tables Undesignated Balance CPA Reserves $9,670 b. Brewster Town Administration: Housing Coordinator Payroll and operating costs for Part Time Housing Coordinator position to assist public with affordable housing program Undesignated Balance CPA Reserves $70,850 c. Friends or Relatives with Autism & Related Disabilities (FORWARD): FORWARD at the Rock Phase II 8 units of affordable rental housing in Dennis for developmentally disabled adults Undesignated Balance CPA Reserves $125,000 d. Housing Assistance Corporation (HAC): 107 Main Street, Orleans Affordable Rental Housing 14 units of affordable rental housing in Orleans Undesignated Balance CPA Reserves $55,000 e. Preservation of Affordable Housing Inc. (POAH) and Community Development Partnership (CDP): Juniper Hill in Wellfleet 46 units of affordable rental housing in Wellfleet Undesignated Balance CPA Reserves $55,000 Sub-total $315,520 Grand Total $1,928,812 For Fiscal Year 2024 Community Preservation purposes, each item is considered a separate appropriation to be spent by the Community Preservation Committee; provided however, that the above expenditures may be conditional on the grant or acceptance of appropriate historic preservation restrictions for historic resources, open space restrictions for open space reserves, and housing restrictions for community housing, running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures, meeting the requirements of G.L. c.184 and G.L. c.44B, Section 12, and to authorize the Board of Selectmen to convey or accept such restrictions; And further, any revenues received in excess of the estimated receipts are transferred to their respective reserve fund balance(s) for future appropriation using the allocation formula of 10% Open Space/Recreation, 10% Housing, 10% Historical and 70% for Budgeted Reserve for CPA. Or to take any other action relative thereto. (Community Preservation Committee) (Majority Vote Required) COMMENT In May of 2005, Brewster voters approved a ballot question which allowed for the adoption of the modified Community Preservation Act (CPA). The act appropriates a 3% surcharge on the town’s real estate tax revenues, which are reserved in a special fund in order to finance projects and programs for the purposes of preservation of open space, recreation, community housing, and historic preservation. Brewster is also eligible to receive up to 100% in matching funds from the State, although we anticipate a reduced reimbursement rate from the State for Fiscal Year 2024, which is projected at 25%. In Fall 2022 Brewster adopted, through a local bylaw, a distribution schedule for the annual CPA funds beginning in FY24 as follows: 10% of the funds for open space and recreation, 10% for community housing, 10% for historic preservation, and the 70% undesignated reserve balance is available for any CPA eligible project. The 2022 bylaw also established a non-binding 2023-2027 Target Allocation Policy as follows: 30% for Open Space, 30% for community housing, 10% historic preservation, 10% recreation, and 20% for any CPA eligible project. 1. Historic Preservation: a. Designated Reserves for Historic Preservation – This item transfers money from FY24 estimated annual revenues to the Historic Preservation reserve for future appropriation to meet the minimum 10% statutory allocation. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0 2. Community Housing: a. Designated Reserves for Community Housing – This item transfers money from FY24 estimated annual revenues to the Community Housing reserve for future appropriation to meet the minimum 10% statutory allocation. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0 3. Open Space: a. Community Preservation Bonded Debt Service – This item pays for the $189,633 in FY 2024 principal and interest on 3 CPA (BBJ 1 and 2 and Bates) open space acquisitions that were financed via long term bonding. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0 4. Reserves for Community Preservation: a. Administrative Expense – This item will fund the costs associated with general administrative and operating expenses, including but not limited to legal and other professional consulting services, related to carrying out the operations of the Community Preservation Committee. The Community Preservation Act allows up to 5% of expected annual revenues for this purpose. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0 b. Designated for Budgeted Reserve – This item transfers money from FY24 estimated annual revenues to the Budgeted Reserve for future appropriation to meet the minimum statutory allocation. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0 5. Undesignated Balance/CPA Reserves: a. Brewster Council on Aging: Accessible Outdoor Furniture for Freemans Fields – This item will fund the cost of 8 weather resistant accessible benches and 2 picnic tables at Freemans Way fields to provide opportunities for exercise, socialization, and intergenerational activities for residents. The installation will increase accessibility and enhance the improvements for this complex planned by the DPW and Recreation Department. Total project cost: $9,670 Funding requested: $9,670 CPC vote: 8-0-0 Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0 b. Town of Brewster: Housing Coordinator – This item will fund the part-time Housing Coordinator position. The Community Preservation Committee has supported the Housing Coordinator position since 2017. The hiring of a housing coordinator was identified as a key strategy in the Brewster Housing Production Plan. The Housing Coordinator holds hours for the public weekly, supports multiple town committees, including the Housing Trust and Housing Partnership, and works with regional housing agencies and organizations in town to promote housing choice. The Housing Coordinator is an integral part of the Town housing efforts, outlined in both the Town Vision Plan and the Select Board strategic plan. The Housing Coordinator helps to acquire, create, preserve, and support community housing. The FY24 request is to fund the position at 30 hours per week with the CPC providing funding for the salary and the Town providing funding for all benefits of the position. Our housing program continues to be a partnership of many town entities. Total Project Cost: $ 105,000 CPC Request: $ 70,580 CPC Vote: 9-0-0 Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0 c. Friends or Relatives with Autism & Related Disabilities (FORWARD): FORWARD at the Rock Phase II – The project is new construction of eight affordable and supportive one-bedroom apartments at 131 Hokum Rock Road in Dennis to be completed in 2024. The housing is for Cape Codders with autism and related disabilities who can live independently. These individuals still need supportive services, health and safety supervision and access to 24 hour emergency response, but do not require a congregate setting with round the clock staffing. All apartments will be built at ground level, and all will be barrier free, fully accessible, and designed to accommodate the sensory needs of residents with developmental disabilities. Supportive services will be provided by the Massachusetts Department of Developmental Disabilities (DDS) which will select and place all residents. Affordability is restricted to incomes less than 30% of Area Median Income and all rents will be subsidized through project-based vouchers. FORWARD has been awarded CPA funding from Dennis ($685,000). Besides this Brewster request, FORWARD has applied for CPA funds from Yarmouth and Barnstable. FORWARD also plans to submit CPA grant applications to Orleans, Sandwich, and Bourne. FORWARD is seeking $120,000 of Brewster CPA funds for hard construction expenses. The amount requested includes a $5,000 set-aside for CPC legal expenses related to the award. Total Project Cost: $4,325,000 CPC Request: $125,000 CPC Vote: 7-2-0 Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 8, No 0, Abs 0 d. Housing Assistance Corporation (HAC): 107 Main Street, Orleans Affordable Rental Housing The project at 107 Main Street in Orleans will be a high-quality, affordable rental community with 14 rental units in a single structure with three sections in the style of a historic Cape Cod home to be completed in 2023. All 14 units will be affordable to households earning up to 80% of area median income, in accordance with applicable state regulations and guidelines. The proposed project will be an asset to the surrounding neighborhood. It is well designed both architecturally and environmentally and fits well within the context of the area in which it will be located; the location is an excellent smart growth site close to downtown Orleans and various amenities. HAC did not originally intend to request CPA funds from surrounding towns, but construction cost escalation over the past year created a funding gap on the project. Besides this Brewster request, HAC has applied for CPA funds from Eastham ($100,000), Chatham ($100,000), and plans to apply to Harwich. Wellfleet declined the funding request. HAC is seeking $50,000 of Brewster CPA funds for hard construction expenses. The CPC amount requested includes an additional $5,000 to be set aside to pay for Brewster CPC legal expenses related to the award. Total Project Cost: $6,764,786 CPC Request: $55,000 CPC Vote: 6-1-1 Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 7, No 1, Abs 0 e. Preservation of Affordable Housing Inc. (POAH) and Community Development Partnership (CDP): Juniper Hill in Wellfleet – Juniper Hill is the proposed development of 46 affordable housing units located at 95 Lawrence Road in Wellfleet to be completed in 2025. Juniper Hill will be the first such housing development in decades in Wellfleet that can serve populations and stabilize the regional economy. The Town of Wellfleet recognized this need as it released a 9-acre town owned lot for development in 2021 and designated POAH and CDP as joint developers in December 2021. The property will be divided into 2 parts: an Upper Village of 22 two bedroom and three-bedroom town homes oriented for family housing, and a Lower Village with a multifamily elevator building consisting of 24 one and two bedroom flats. 35 of the 46 apartments will be targeted for families earning at or below 80% area median income (AMI), with the remaining workforce apartments intended as “workforce” housing for households earning up to 120% AMI. Wellfleet is contributing $1.5 Million in CPA funding to this project. Besides this Brewster request, POAH/CDP have requested CPA funds from Orleans ($100,000) and Provincetown ($100,000). The CPC is recommending approval of $50,000 in Brewster CPA funds to POAH/CDP for hard construction costs excluding apartments intended for families earning more than 100% AMI. Total Project Cost: $32,128,643 CPC Request: $55,000 CPC Vote: 8-0-0 Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 6, No 1, Abs 1 CAPITAL AND SPECIAL PROJECTS EXPENDITURES ARTICLE NO. 10: To see what sums the Town will vote to raise and appropriate, transfer from available funds, or authorize the Town Treasurer to borrow under and pursuant to Massachusetts General Laws Chapter 44, Sections 7, 7(1), or 8, or any other enabling authority, for the capital outlay expenditures listed below, including, in each case, all incidental and related costs, to be expended by the Town Manager with the approval of the Select Board, except School expenditures to be made by the School Superintendent with the approval of the School Committee; authorize leases and lease purchase agreements for more than three but not more than five years for those items to be leased or lease purchased, and further that the Town Manager with the approval of the Select Board or School Superintendent with the approval of the School Committee for school items, be authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced, all as set forth below: Department Item Funding Source(s) / Appropriation or Transfer Amount 1 Select Board a. Integrated Water Resource Management Planning (IWRMP) & Implementation Professional services and costs for preparing studies, engineering, and coordinating water resource management planning Free Cash $100,000 b. IWRMP: Captains Golf Course Fertilizer Leaching Rate Study Professional services and costs for golf course nitrogen leaching rate study Water Quality Stabilization $40,000 c. Vesper Pond Road Betterment Professional services and costs for project expenses related to the road betterment for the Vesper Pond neighborhood Road Betterments Receipt Reserved for Appropriation $26,000 Sub-Total $ 166,000 2 Facilities a. Flat Roof Replacement (Spruce Hill) Professional services and costs associated with replacing the roof at the former Historical Society building Free Cash $5,000 b. Town Hall Window Replacement Purchase and install replacement windows and any other related costs Free Cash $75,000 Sub-Total $80,000 Department Item Funding Source(s) / Appropriation or Transfer Amount 3 Police a. 5 Year Strategic Plan Professional services and costs associated with developing a five- year strategic plan for the Police Department Free Cash $20,000 Sub-Total $20,000 4 Fire a. Software & Professional Services for Developing Standard Operating Guidelines Costs for goods, materials and professional services to purchase software and develop standard operating guidelines Ambulance Fund $35,000 Sub-Total $35,000 5 Natural Resources a. Stony Brook Mill Retaining Wall & Fishway Improvements Professional services and costs for repairs and improvements to the retaining wall and fishway infrastructure at Stony Brook Mill Free Cash $200,000 b. Beach & Landing Repairs and Improvements Professional services and costs for repairs and improvements to various public beaches and public landings throughout town Free Cash $30,000 c. Wildfire Management Professional services and costs to implement and update the Town’s Wildfire Management Plan Free Cash $10,000 d. Walkers Pond Water Quality Professional services and costs to improve water quality in Walkers Pond Free Cash $50,000 Sub-Total $290,000 6 Brewster Elementary Schools a. Combined Technology Ongoing information technology system and equipment improvements at Eddy & Stony Brook Elementary Schools Free Cash $80,000 Department Item Funding Source(s) / Appropriation or Transfer Amount b. Combined HVAC/Plumbing/ Electrical Repairs Professional services and costs for upgrades, repairs & replacement of HVAC, plumbing, and electrical systems at Eddy & Stony Brook Elementary Schools Free Cash $25,000 c. Eddy School Technology Infrastructure Professional services and costs to upgrade and replace information technology infrastructure at Eddy Elementary School Free Cash $96,000 d. Stony Brook Outdoor Classroom Professional services and costs to design, purchase, and build outdoor classroom space at Stony Brook Elementary School Free Cash $20,000 e. Stony Brook Firewall Professional services and costs for upgrades to the Stony Brook Elementary School firewall system Free Cash $27,000 f. Combined Security Professional services and costs for upgrades to security systems at Eddy & Stony Brook Elementary Schools Free Cash $24,000 g. Maintenance Pick- up Truck Costs to purchase and equip one (1) pick-up truck Free Cash $31,000 h. Stony Brook Code Compliance (Asset Study) Professional services and costs to conduct a code compliance study for the Stony Brook Elementary School Free Cash $100,000 Sub-Total $403,000 7 Nauset Regional School District a. Nauset Region Annual Capital Allocation Professional services and costs, including procuring, engineering, permitting, repairing and maintaining buildings, grounds, and equipment within the Nauset Middle School and Nauset High School Tax Levy $282,748 Sub-Total $282,748 Department Item Funding Source(s) / Appropriation or Transfer Amount 8 Public Works a. MS4 Stormwater Compliance Professional services and costs to pay for MS4 stormwater compliance Free Cash $90,000 b. Landfill Monitoring Professional services and costs for regulatory landfill monitoring requirements Free Cash $70,000 c. Dog Park Repairs & Maintenance Professional services and costs for routine repairs and maintenance at the Brewster Dog Park Free Cash $10,000 Sub-Total $170,000 9 Water Enterprise a. Distribution Infrastructure Costs for goods, materials and professional services to maintain, repair, and upgrade the Town’s water distribution system Water Retained Earnings $50,000 b. Buildings & Treatment Facilities Costs for goods, materials and professional services to maintain, repair, and upgrade the Water Department’s buildings and treatment facilities Water Retained Earnings $50,000 c. Water Meter Replacement Costs for goods, materials and professional services to maintain and replace water meters Water Retained Earnings $50,000 d. Tanks Exterior Painting Professional services and costs for painting water storage tanks Borrowing - Water Enterprise Fund $650,000 e. Hydration Station Program Professional services and costs to purchase and install municipal hydration stations Water Retained Earnings $25,000 Sub-Total $825,000 10 Cemetery a. Cemetery Improvements Professional services and costs for improving and /or upgrading Town cemeteries Cemetery Perpetual Care Fund $40,000 Sub-Total $40,000 Department Item Funding Source(s) / Appropriation or Transfer Amount 11 Brewster Ladies Library a. IT & Telephone Equipment Upgrades Professional services and costs to update the phone system and information technology systems Telecomm Revolving Fund $10,000 Sub-Total $10,000 GRAND TOTAL $2,321,748 Or to take any other action relative thereto. (Select Board) (Majority Vote Required, Except 2/3 for Debt and Stabilization) COMMENT 1. SELECT BOARD 1a. Integrated Water Resource Management Planning and Implementation - These funds will be used to continue to advance the Town’s Integrated Water Resource Management Plan including educating residents about the new stormwater bylaw, providing support and technical assistance to the Town’s Water Resource Task Force and Pleasant Bay Alliance, responding to new MA Department of Environmental Protection regulations, and working on related projects, including but not limited to I/A septic systems. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 1b. Captains Golf Course Fertilizer Leaching Rate Study - These funds will be used to complete the ongoing leaching rate study at the Captain’s Golf Course for the Pleasant Bay Watershed. Collection and analysis of this data may result in reductions in the Town’s nitrogen mitigation requirements under our Pleasant Bay Watershed Permit. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 1c. Vesper Pond Road Betterment - These funds will be used for FY23 project design expenses related to the road betterment for the Vesper Pond neighborhood approved by Town Meeting in November 2022. Once the project is completed, the Town will impose betterment assessments on all abutting property owners who will reimburse the Town for the project costs. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 2. FACILITIES 2a. Flat Roof Replacement (Spruce Hill) - These funds will be used for a flat rubber roof replacement at the former Brewster Historical Society building, located at Spruce Hill. The long- term disposition of this structure will be determined through the Sea Camps planning processes. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 2b. Town Hall Window Replacement – This funding will be used to complete the window replacement project at Town Hall, aimed to greatly reduce energy loss. These windows are roughly 25 years old and have broken seals and obsolete replacement parts. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 3. POLICE 3a. 5-Year Strategic Plan - These funds will be used to develop a five-year strategic plan for the Police Department. This long-range plan will identify the organization’s priorities and be the foundation for the organization’s future initiatives and direction. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 4. FIRE 4a. Software & Professional Services for Developing Standard Operating Guidelines - These funds will be used to purchase software and professional services to develop standard operating guidelines and policy development to ensure compliance with state and federal guidelines. This project is a recommendation in the Fire Strategic Plan. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 5. NATURAL RESOURCES 5a. Stony Brook Mill Retaining Wall & Fishway Improvements - These funds will be used to repair the historic retaining wall supporting the headrace pond for the Stony Brook Mill. Additionally, the fish weirs north of Stony Brook Road need modifications to provide improved safe passage for migratory herring and alewife. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 5b. Beach & Landing Repairs and Improvements - These funds will be used to pay for professional services and repairs to various public beaches and landings throughout the town. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 5c. Wildfire Management - These funds will be used to pay for services and costs to implement and update the Town's Wildfire Management Plan, including vegetation management, especially in the Punkhorn. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 5d. Walkers Pond Water Quality - These funds will be used to pay for recommended water quality improvement measures in response to a recent technical report prepared by the School of Marine Science and Technology (SMAST) at UMASS Dartmouth documenting the causes of declining water quality in Walkers Pond. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 6. ELEMENTARY SCHOOL DEPARTMENT 6a. Combined Technology Upgrades and Improvements – These funds will be used to continue with the K-5 technology plan for both Eddy and Stony Brook Elementary Schools, including replacing iPads, computers, network printers and laptops, switches and access points for wi-fi. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 6b. Combined HVAC, Plumbing, Electric Maintenance & Repairs – These funds will be used to make repairs to the mechanical systems at both Elementary Schools as needed. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 6c. Eddy School Technology Infrastructure – These funds will be used to upgrade the cable infrastructure in the building to increase bandwidth. The current infrastructure is original and is not adequate to service all of the technological upgrades or meet required annual testing. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 6d. Stony Brook Outdoor Classroom – These funds will be combined with grant funds that the school received to create an outdoor classroom space for students that encourages exploration, strengthens connections, and provides creative learning opportunities. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 6e. Stony Brook Firewall – These funds will be used to upgrade the school’s firewall system. Firewalls are vital for protecting students and instructors against cyber threats in school networks. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 6f. Combined Security – These funds will be used to make necessary improvements to both Eddy and Stony Brook Elementary security systems that monitor who enters the buildings and classrooms to enhance school safety. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 0, No 0, Abs 0 6g. Maintenance Pick-Up Truck – These funds will be used to replace the pick-up truck that is used by the School’s Facility Manager. The current truck is a 2011 and has outlived its useful life. The new truck will be a hybrid vehicle. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 6h. Stony Brook Code Compliance (Asset Study) – These funds will be used to pay a consultant to identify all code compliance upgrades that will be required in conjunction with the planned HVAC and Roof Replacement projects. The State of Massachusetts Building Code requires mandatory upgrades when a renovation project exceeds 30% of a building’s assessed value. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 7. NAUSET REGIONAL SCHOOL DISTRICT 7a. Capital Plan Projects – These funds, in the amount of $282,748 for Fiscal Year 2024, are an assessment for the capital equipment and facilities budget for the Nauset High and Middle Schools. This program was originally approved by means of a Proposition 2 ½ override question in May of 2005, which included an annual 2.5% escalator. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 8. DEPARTMENT OF PUBLIC WORKS 8a. MS4 Stormwater Compliance - These funds will be used to pay for services for MS4 stormwater compliance including monitoring, design, permitting and construction for stormwater related projects. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 8b. Landfill Monitoring - These funds will be used to pay for services for regulatory landfill monitoring requirements including engineering, permitting, and construction costs required to continue to meet the landfill monitoring regulatory requirements. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 8c. Dog Park Repairs & Maintenance - These funds will be used for routine maintenance at the Brewster Dog Park over the course of the year. Items include but are not limited to adding additional mulch & stone, making minor drainage improvements, maintaining, and repairing irrigation, maintaining and repairing fencing, and tree work. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 9. WATER DEPARTMENT 9a. Distribution Infrastructure - These funds will be used to pay for goods, materials, and professional services to maintain, repair, and upgrade the Town’s water distribution system. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 9b. Buildings & Treatment Facilities - These funds will be used to pay for goods, materials, and professional services to maintain, repair, and upgrade the Water Department’s buildings and treatment facilities. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 9c. Water Meter Replacement - These funds will be used to pay for goods, materials, and professional services to maintain and replace water meters throughout town. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 9d. Tanks Exterior Painting - These funds will be used to pay the costs of painting our two water storage tanks. The Town will issue short-term debt for this work, making payments over the next several fiscal years. This project is intended to extend the life of the existing coating at far less cost than a full coat rehabilitation. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 9e. Hydration Station Program - These funds will be used for the purchase of, and installation costs associated with, hydration stations proposed in numerous locations throughout the town to continue to encourage residents and visitors to avoid single-use plastic water bottles. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 10. CEMETERY 10a. Cemetery Improvements - These funds will be used to pay for services associated with improving Town cemeteries including tree removal, tree planting, landscaping, cemetery layouts, stone repairs, general facility repairs, and/or cemetery upgrades and any related costs. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 11. LIBRARY 11a. IT & Telephone Equipment Upgrades - These funds will be used for updating the library’s phone and technology systems. With new phones, residents will be able to reach staff more easily and services will be enhanced. Technology upgrades will support increased digital access. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 FREE CASH APPROPRIATIONS ARTICLE NO. 11: To see what sums the Town will vote to appropriate from available Free Cash to the following accounts: FROM TO AMOUNT a Free Cash Capital Stabilization Fund $250,000 b Free Cash Short-term Debt $250,000 Or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT This article would authorize the transfer of surplus funds from Free Cash for Fiscal Year 2023 to other accounts which require additional funding. If these transfers and Article The following is a brief review of these requests: a. This sum will increase the Town’s long-term investments in our Capital Stabilization Fund. These funds may be appropriated by a 2/3 vote of Town Meeting and are intended to help reduce future tax impacts of larger capital projects. The current balance of this fund is $928,930. The Select Board has adopted a policy directing 25% of projected Short-Term Rental revenue to the Capital Stabilization Fund. If this proposed transfer and Article 6 of this Annual Town Meeting warrant are both approved by Brewster voters, the fund balance will be $1,428,930. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 b. This sum will reduce short-term debt expenses related to the acquisition of the Long Pond property purchased from the Cape Cod Sea Camps in 2021. The property was purchased by the Town for $6,000,000. Town Meeting originally appropriated $2,000,000 in available funds to cover a portion of these costs. MA Audubon and Brewster Conservation Trust have pledged a combined $3,250,000 to assist the Town with these acquisition costs. These funds may be applied in future fiscal years to reduce this debt once the future disposition of this property has been decided by Brewster voters. In the meantime, the Town has been making short-term debt payments through non-excluded debt appropriations in our annual operating budget. When combined with the Town’s FY24 operating budget appropriation of $120,000 for this purpose, this transfer would reduce the remaining balance of debt for this purchase to $3,320,000. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 SPECIAL REVENUE FUND: CABLE FRANCHISE FEE ACCOUNT ARTICLE NO. 12: To see if the Town will vote to appropriate from the Cable Franchise Fee Special Revenue Fund the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000), for the purpose of offsetting costs associated with providing local cable television related purposes, including, but not limited to the general public purpose of supporting and promoting public access to the Brewster cable television system; training in the use of local access equipment and facilities; access to community, municipal and educational meeting coverage; use and development of an institutional network and/or municipal information facilities; cable related personnel expenses; contracting with local cable programming services providers and/or any other appropriate cable related purposes, and including all incidental and related expenses, or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT Each resident’s cable bill includes a line item to provide for the costs of local cable television services. These monies are retained in a special revenue account and are used to enhance local cable programming for the Town’s public, education, and government channels. These funds will be used to continue these informational and educational services, and may include equipment purchases, contracted services, construction services, and labor expenses. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 TOWN BYLAW AMENDMENT: CREATION OF COMMUNITY GARDEN AND WETLANDS PROTECTION REVOLVING FUNDS ARTICLE NO. 13: To see if the Town will vote to amend Article III of the Town bylaws to add the following new revolving funds to Chapter 21-8, consistent with MGL Ch 44 Sec 53E½, with such expenditure limits to be applicable from fiscal year to fiscal year, until such time as they may later be amended by Town Meeting, as follows: Fund Revenue Source Authority to Spend Use of Fund Fiscal Year Spending Limit Community Garden Fees received for community garden programs and related services and operations Council on Aging & Town Manager Expenses shall be related to expenses related to operating and managing the community garden and not used for any other purposes $50,000 Wetlands Protection Fees related to local administration and enforcement of the Wetlands Protections Act Conservation Commission, with Select Board approval Expenses shall be related to engaging consultant and technical assistance to review proposed projects, administrative or clerical expenses, salaries and/or fringe benefits of regular employees to the extent attributable to wetland protection act activities and not used for any other purposes $50,000 Total $100,000 Or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT The Town has partnered with Brewster Conservation Trust to manage the community gardens on Lower Road adjacent to the Eddy Sisters Trail since 1985. This program offers approximately sixty-five (400 sq ft) plots for residents to garden. The Town is looking to create a new revolving fund which will separately account for annual fees collected for use of the plots and expenditures related to maintenance of the community garden area. The Conservation Commission collects filing fees related to applications under the state Wetlands Protection Act and our local wetlands bylaw. These fees have historically been placed into a Receipt Reserved for Appropriation account. MGL Ch 131 Sec 40 granted authority to the Conservation Commission to appropriate these funds with Select Board approval. These funds must be spent for wetlands protection related activities and expenditures. The proposed annual spending limit for each of these new revolving funds is $50,000. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 FIRE UNION COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 14: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and International Association of Firefighters Local 3763 for a term effective July 1, 2023 through June 30, 2026, or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT This article will fund the costs associated with the contract settlement expenses between the International Association of Firefighters Local 3763 and the Town. The current contract expires on June 30, 2023, and the Town expects to agree to updated terms with the Union by Town Meeting. Select Board: Recommendation Deferred Finance Committee: Recommendation Deferred POLICE PATROL OFFICER COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 15: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and Brewster Police Union, Massachusetts Coalition of Police, Local 332, AFL-CIO, for a term effective July 1, 2023 through June 30, 2026, or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT This article will fund the costs associated with the contract settlement expenses between the Police Officers Union and the Town. The current contract expires on June 30, 2023, and the Town has agreed to an extension with the Union. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 POLICE SUPERIOR UNION COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 16: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and the Brewster Police Superior Officers Association, New England Police Benevolent Association, Local 78, for a term effective July 1, 2023 through June 30, 2026, or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT This article will fund the costs associated with the contract settlement expenses between the Police Superiors Union and the Town. The current contract expires on June 30, 2023, and the Town has agreed to an extension with the Union. Select Board: Yes 4, No 0, Abs 1 Finance Committee: Yes 9, No 0, Abs 0 POLICE DISPATCHER UNION COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 17: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and the Brewster Police Public Safety Dispatchers Union, Massachusetts Coalition of Police, Local 513, AFL-CIO, for a term effective July 1, 2023 through June 30, 2026, or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT The Police dispatchers have recently formed their own bargaining unit. The Town has agreed to a contract with this new Union. This article will fund the costs associated with the contract settlement expenses between the Union and the Town. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 LADIES LIBRARY UNION COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 18: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used to fund the cost items for the first fiscal year of the proposed Collective Bargaining Agreement between the Brewster Ladies Library Association and the Service Employees International Union, Local 888, Brewster Library Employees, for a term effective July 1, 2023 through June 30, 2026, or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT This article will fund the costs associated with the contract settlement expenses between the Ladies Library Association and the Library Union. The current contract expires on June 30, 2023, and the Town has agreed to an extension with the Union. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 SEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 19: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and Service Employees International Union, Local 888, for a term effective July 1, 2023 through June 30, 2026, or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT This article will fund the costs associated with the contract settlement expenses between the Service Employees International Union, Local 888 (DPW, Water, and Golf) and the Town. The current contract expires on June 30, 2023, and the Town has agreed to an extension with the Union. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 OPEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 20: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to be used fund the cost items of the first fiscal year of the proposed Collective Bargaining Agreement between the Town of Brewster and Office and Professional Employees International Union, Local 6, for a term effective July 1, 2023 through June 30, 2026, or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT This article will fund the costs associated with the contract settlement expenses between the Office and Professional Employees International Union, Local 6 and the Town. The current contract expires on June 30, 2023, and the Town has agreed to an extension with the Union. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 NON-UNION PERSONNEL WAGE FUNDING ARTICLE NO. 21: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to fund wage and salary adjustments effective July 1, 2023 for eligible and non-union employees dictated by the Compensation Plan developed pursuant to the Personnel Bylaw, Section 36-4 of the Brewster Town Code, or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT This article will fund the costs associated with wage adjustments for employees covered under Personnel Bylaw Agreements and other non-union employees for fiscal years 2024 through 2026. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 SPECIAL ACT: TRANSFER CARE, CUSTODY, AND CONTROL & CHANGE USES OF WING ISLAND ARTICLE NO. 22: To see if the Town will vote to authorize the Select Board to petition the General Court for special legislation authorizing the transfer from the Select Board for public bathing and recreation purposes to the Conservation Commission for conservation and open space purposes, the parcel of land known as Wing Island, as acquired by the Town of Brewster pursuant to an Order of Taking dated July 14, 1961 and recorded on July 28, 1961, as described in a deed recorded with the Barnstable registry of deeds in book 1123, page 170, all as set forth below, and, further, to authorize the General Court to make changes of form only to such legislation without the approval of the Select Board, and, to authorize the Select Board to approve such changes that are within the public purposes of the vote taken hereunder, or to take any other action relative thereto. SECTION 1. Notwithstanding any general or special law to the contrary, the town of Brewster is hereby authorized pursuant to the provisions of section 15A of chapter 40 of the general laws, to transfer a parcel of land from the select board for public bathing and recreation purposes to the care, custody and control of the conservation commission for conservation and open space purposes, including public bathing, subject and dedicated to the purposes of Article 97 of the Massachusetts Constitution a parcel of land shown Wing Island, as acquired by the Town of Brewster pursuant to an Order of Taking dated July 14, 1961 and recorded on July 28, 1961, as described in a deed recorded with the Barnstable registry of deeds in book 1123, page 170. SECTION 2. This act shall take effect upon its passage. Or to take any other action relative thereto. (Select Board) (2/3 Vote Required) COMMENT At the March 6, 2023 Special Town Meeting, Brewster voters overwhelmingly voted for Article 2, which sought to transfer care, custody, and control of Wing Island from the Select Board to the Conservation Commission and to clarify the island’s designated uses from what was identified when the Town originally acquired the property (public bathing and recreational purposes) to what they have been as a matter of practice for the past 60 years (conservation and open space purposes). The Conservation Commission has since indicated their willingness to take on this responsibility. Town counsel opined that since the island is protected under Article 97 of the state Constitution, these actions require state approval via special legislation. At the March 6, 2023 Special Town Meeting, the Select Board committed to bringing this article to the May 2023 Annual Town Meeting to take that next appropriate procedural step. If approved by Town Meeting, special acts also require 2/3 approval of the state legislature. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 TOWN BYLAW AMENDMENT: BUILDING AND NEEDS ASSESSMENT COMMITTEE ARTICLE NO. 23: To see if the Town will vote to amend Chapter 12 of the Town bylaws to delete Article XV, Building and Needs Assessment Committee, in its entirety, or to take any other action relative thereto. (Select Board) (Majority Vote Required) COMMENT The Building and Needs Assessment Committee was originally created in 1995. This committee was broadly tasked with making recommendations about the locations of buildings and/or needs of the Town. This committee has been inactive for almost a decade, as its responsibilities have been assumed by other Town committees and staff over time. The Town still has 40+ volunteer committees. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 9, No 0, Abs 0 NEW TOWN BYLAW: PROHIBITION ON SALE OF MINIATURE SINGLE USE CONTAINERS ARTICLE NO. 24: To see if the Town will vote to adopt the following ban on the sale of miniature single use containers for alcoholic beverages as a general bylaw and to insert into the Code of the Town of Brewster, Massachusetts as Chapter XX: "No person shall sell, offer for sale, or otherwise distribute alcoholic beverages in containers less than or equal to 100 milliliters within the Town of Brewster. This section shall take effect on January 1, 2024." (Select Board) (Majority Vote Required) COMMENT This article proposes a bylaw to ban the sale of so-called “nip” bottles. There are compelling reasons to support such a ban given the documented nip bottle trash found along many Brewster roads. Nips are often consumed in vehicles and discarded along roads. In 2022, “Beautify Brewster” volunteers collected 2,767 nip bottles, in one day, along select, but not all, Brewster streets. Nip bottles are not recyclable and must be disposed of in Brewster’s solid waste. Similar bans have been adopted by Massachusetts municipalities including Falmouth and Wareham that have been found to be lawful by the Massachusetts Attorney General. Select Board: Yes 5, No 0, Abs 0 Finance Committee: Yes 7, No 1, Abs 0 CITIZENS PETITION: PROHIBITION ON PLASTIC FOOD CONTAINERS AND UTENSILS ARTICLE NO. 25: To see if the Town will vote to amend the Town’s General Bylaw by inserting a new bylaw entitled, Plastic Reduction, as follows, and to authorize the Town Clerk to assign appropriate numbering therefor: Chapter ___: Plastic Reduction This bylaw is enacted pursuant to the general police power in order to protect the health, safety, and welfare of the inhabitants of the Town. Effective Date This Bylaw shall take effect on September 1, 2024. Purpose and Intent Plastic food containers and single-use utensils form a significant portion of the solid waste stream going into landfills. Local landfills are running out of room; our future solid waste may have to be transported hundreds of miles to a landfill at considerable cost. Plastic food containers are not recyclable, nor are they biodegradable. Once buried in our landfills, they will persist for centuries. If incinerated the toxins in plastic are linked to cancer and threaten our air quality. Appropriate alternative and sustainable products are readily available from the vendors used by local food establishments; cooperative bulk buying arrangements are possible. Thus, elimination of plastic food containers and utensils is in the best interest of the health and welfare of Town inhabitants. Definitions “Disposable Food Service Container” means single-use disposable products for serving or transporting prepared, ready-to-consume food. This includes plates, bowls, trays, hinged or lidded containers, and utensils. “Food Establishment” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, as further defined in 105 CMR 590.002. Any establishment requiring a permit to operate in accordance with the State Food Code, 105 CMR 590.000 et. seq., shall be considered a Food Establishment for the purposes of this Bylaw. “Plastic” is defined as any type of plastic resin, which may contain recycled materials, and may be sold as recyclable, biodegradable, or compostable. The material is commonly categorized in terms of #1, #2, #3, #4, #5, #6, #7; plastic as referenced includes all categories. “Prepared Food” means any food prepared for consumption on the Food Establishment’s premises, using any cooking or food preparation technique. This does not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation. “Town Facility” means any building, structure, land, or park owned or operated by the Town of Brewster, its agents and departments. “Town Facility Uses” means all persons, societies, associations, organizations, or special event promoters who require permission to use a Town Facility. Town Facility Users also includes concession contracts with the Town, Town-managed concessions, Town-sponsored events, and food services provided at the Town’s expense. Prohibition A. Except as provided herein, Food Establishments are prohibited from dispensing Prepared Food to customers in Disposable Food Service containers and utensils made from Plastic. B. Town Facility Users are prohibited from dispensing Prepared Food to customers in Disposable Food Service containers made from Plastic and providing utensils made from Plastic. Public and private schools, educational institutions, summer camps, childcare facilities, and other childcare programs approved to participate in USDA Child Nutrition Programs are exempt. Administration and Enforcement This Bylaw is enforced by the Town Administrator, or any committee appointed by them. Any Food Establishment or Town Facility User which violates any provisions of this Bylaw shall be subject to the following penalties: First Offense: Written warning 2nd Offense: $150 fine 3rd Offense and Subsequent Offenses: $300 fine Any such fines collected shall be payable to the Town of Brewster. Each day the violation continues constitutes a separate violation. After detection of an initial violation, the designated inspection authority will be required to verify subsequent compliance until compliance with this bylaw is established. All businesses will be routinely inspected until the Town Administrator deems the inspections to no longer be required. (Citizens Petition) (Majority Vote Required) COMMENT A recent study of 12 million pieces of litter collected from oceans and rivers, shorelines, the sea floor, and open waters found that 80 percent of items were plastic, and nearly half (44 percent) was related to takeout materials. Other items included disposable cutlery. Estimates are that there will be more plastic than fish in the oceans by 2050 if our behavior does not change. Further, plastic kills 1 million sea birds and over 1 million marine mammals each year and comprises 80 percent of beach trash on Cape Cod. Takeaway boxes and containers make up a considerable part of municipal solid waste, with nearly 30 percent of the total generation as recently as 2018—this percent is projected to rise given the impact of Covid-19. Plastics, which includes Styrofoam (#6 plastic) takeaway containers, are destructive to the environment, filling landfills with their chemicals, including petroleum and natural gas. Take-out containers are made from heat-resistant, flexible plastic derived from petroleum, the majority continue to contain phthalates and bisphenol-A (BPA). Both have been linked to health issues. The chemicals in plastic have been tied to cardiovascular disease, reproductive disorders, obesity, and developmental disorders. Plastic has been found in the air we breathe, the water we drink and the food we eat. Most recently plastic has been found in human blood, in the placenta, and in lung tissue. At disposal, plastic does not biodegrade. It can leach, depending on the conditions (light, heat), into the foods it holds, the ground, and in waterways. Less than a tenth of all plastic is recycled. Plastic products stamped with arrows and collected by town recycling programs lead people to believe that it’s being recycled, and that’s simply not true. Estimates are that less than 9 percent of all plastic created has been recycled. For the small proportion of plastic that is recycled, it is typically downcycled, used in another product such as cloth or building materials, which will most likely be landfilled at the end of its life. All the while new plastic is being created to substitute for discarded single-use. This measure sends a clear message that we recognize and care more about human life and environment than short-term convenience. Simply put, we cannot in good conscience continue to subsidize short-term profits with the long-term costs plastics have on human and environmental health. Select Board: Yes 1, No 2, Abs 2 Finance Committee: Yes 2, No 6, Abs 1 CITIZENS PETITION: NEW TOWN BYLAW – TOWN MEETING APPROVAL OF PROJECTS EXCEEDING $100,000 ARTICLE NO. 26: To see if the Town will vote to amend the Brewster Code by adding thereto a new Article 42-2, to read as follows: “No improvements or alterations to land under the care, custody, and control of the Town exceeding $100,000.00 in value may be made except by prior approval by a vote of more than a majority of Town Meeting”, or to take any other action relative thereto. (Citizens Petition) (Majority Vote Required) COMMENT Land under the care and custody of the Town may be presently developed, improved, or altered lawfully without a vote of Town Meeting, so long as the funds for such improvements are procured from outside sources, such as gifts or grants. This article will require Town Meeting approval before the Town may take such actions, irrespective of the source of the funding. Select Board: Yes 0, No 5, Abs 0 Finance Committee: Yes 1, No 6, Abs 1 CITIZENS PETITION: CONDITIONS ON SELECT BOARD ACCEPTANCE OF ANONYMOUS GIFTS ARTICLE NO. 27: To see if the Town will vote to Amend Article 42-1 of the Brewster Code by deleting the present Article 42-1 in its entirety, and substituting therefore the following: “The Select Board is authorized to accept or reject in whole or in part and on behalf of the Town all gifts tendered to the Town pursuant to this By-law and pursuant to G.L. c. 44 sec. 53A as amended; provided, however, that in the event of an anonymous gift exceeding $10,000.00, the Select Board shall specify in writing, by a document approved by the Select Board and filed with the Town Clerk on or before the date of the acceptance of the gift, and made publicly available, identify any and all promises made by the Town as a condition of receipt of such gift and any condition or conditions which are attached to the acceptance of such gift; all purposes for which such gift may be used by the Town; any obligations created or imposed upon the Town as a result of the acceptance of such gift; and the value of all staff time expended by the Town prior to the date of the Select Board Meeting at which approval for such gift is sought, and all funds expended by the Town prior to such date”, or to take any other action relative thereto. (Citizens Petition) (Majority Vote Required) COMMENT The proposed development of a Boardwalk to Wing Island was driven by an anonymous gift to the Brewster Conservation Trust, which it in turn pledged to the Town of Brewster for the construction of a boardwalk to be named after the anonymous donor – after it was built. This donation pledge has been withdrawn, but the Select Board’s actions in this regard raised concerns about anonymous donations driving Town policy and actions. This article will require that any anonymous gift be accompanied by full disclosure of all promises made by the Town as a condition of acceptance of such gifts, all conditions attached by the donor to the acceptance of the gift, and full disclosure of the terms of the gift to the Town. The Select Board remains empowered by the General Laws to accept such gifts, but this By-law will require full disclosure of the terms and conditions of anonymous gifts so that the voters have the benefit of complete disclosure and transparency. Select Board: Yes 0, No 5, Abs 0 Finance Committee: Yes 1, No 7, Abs 1 You are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting as aforesaid. Given under our hand and Seal of the Town of Brewster affixed this 6th day of April 2023. ___________________________________ David C. Whitney, Chair ___________________________________ Edward B. Chatelain, Vice-Chair ___________________________________ Kari Sue Hoffmann, Clerk ___________________________________ Mary W. Chaffee ___________________________________ Cynthia A. Bingham I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Annual Town Meeting of May 1, 2023 by posting attested copies the reof, in the following locations in the Town on the 6th day of April, 2023. Brewster Town Offices Café Alfresco Brewster Ladies Library Brewster Pizza House The Brewster General Store Millstone Liquors U. S. Post Office _________________________________ Roland W. Bassett, Jr. Constable MODERATOR’S RULES REGARDING TOWN MEETING Priority shall be given to registered voters of the Town for admission to all Town Meetings, whether annual or special meetings. Therefore, the following rules shall apply: 1. Prior to admission, persons desiring admission shall check in with the Town Meeting Tellers, who will be present at the main entrance with voter registration lists. 2. Non-voters, who desire to be present, will be seated in the area designated as the non-voter section. Voters take priority seating. 3.Non-voters will not address the Town Meeting without the unanimous consent of all voters present and will not participate in voting. Non-Resident Town staff will be permitted to address Town Meeting as appropriate and consistent with past precedent. TOWN MEETING PROCEDURE THE MODERATOR has absolute control of the town meeting. GENERAL LAWS CHAPTER 39 SECTION 15: The Moderator shall preside and regulate the proceedings, decide all questions of order, and make public declaration of all votes. The Moderator recognizes speakers from the floor, and while they are speaking allows no interruptions except when a point of order is raised. WHEN A VOTER WISHES TO SPEAK, the voter may rise, say, "Mr. Moderator," and wait for recognition. Then, with the microphone, please give your name. The voter may continue with due regard to reasonable brevity, as long as the voter speaks directly to the question under discussion. THERE WILL BE NO SMOKING OR STANDING in the meeting location. ANYTIME THE MOTION TO BE VOTED ON IS UNCLEAR, ask the Moderator before voting. VOTERS WILL PLEASE HOLD THEIR BREWSTER VOTER TAG in their right hand, so that the tellers when counting hand votes will count them. NO PERSON IS TO INDULGE IN PERSONALITIES OR DEROGATORIES. Let us maintain decorum and reason together. MOTIONS MAIN MOTIONS are always on articles in the Town warrant. They are made, seconded, and then opened for consideration. SECONDARY MOTIONS are motions which refer to main motions. Secondary motions usually amend, postpone, or limit consideration. AMENDMENTS may be offered by any voter to the motion under discussion, provided the scope of the original motion is not enlarged or altered. Amendments are seconded and discussed; they require a majority vote to carry (pass). An amendment need not be voted upon if the proposed change is agreeable to the proponents of original motion. Voters must submit amendments in legible writing. POSTPONE TO REFER TO COMMITTEE "COMMIT" if changes in a main motion are numerous, take too much time, or require additional information, it is wise to commit the article to a committee. This secondary motion should specify which board or committee. If proposing a new committee, specify how many members, how appointments are to be made and when the committee should report. POSTPONE TO A DEFINITE TIME: defers action on a main motion to a stated hour, usually during the meeting. At the hour specified, it is returned to the floor when a motion is made that the deferred article be considered. "LAY ON TABLE" intends to temporarily lay aside an article. Not debatable; two-thirds vote carries. An article not taken from table before the meeting adjourns is not actionable. To be considered at a subsequent meeting, it must reappear in the warrant for that meeting. "TAKE NO ACTION" "PASS OVER" "POSTPONE INDEFINITELY" are debatable motions and require majority vote. The intent is to defeat the motion. LIMIT CONSIDERATION LIMIT DEBATE. This secondary motion requests a vote to be taken at a specific time. Requires a 2/3 majority vote. "MOVE THE PREVIOUS QUESTION" demands an immediate vote on any motion under consideration without further debate on the motion. May not be debated or amended. Requires 2/3 vote to carry. If it carries, we vote on the main motion that we voted to end the debate on. POINT OF ORDER IF A VOTER QUESTIONS THE LEGALITY or propriety of the proceedings, the voter may rise, interrupt the speaker and say, "I rise to a point of order" or "question of privilege." VOTES ON MAIN MOTIONS Usually carries (passes) with the majority of those attending. Quantum of vote for each article is noted in the warrant book. EXCEPTIONS 2/3 MAJORITY VOTE REQUIRED for borrowing of money appropriations for land purchases; land purchase for public domain; sale or abandonment of unneeded land; abandonment of projects for which money has been borrowed; appropriation for celebration of settlement or incorporation; zoning bylaws. 4/5 USUALLY REQUIRED payment of a bill for which insufficient appropriations made in a previous year, at the Annual Town Meeting. A 9/10 vote is required at a Special Town Meeting. POSTPONE INDEFINITELY requires a majority vote, may be debated, and may not interrupt the speaker. GLOSSARY OF FINANCIAL TERMS Appropriation An authorization granted by a legislative body to make expenditures and to incur obligations for specific purposes. An appropriation is usually limited in amount and as to the time when it may be expended. Only town meeting can authorize money appropriated for one purpose to be used for another. Any amount that is appropriated may be encumbered (see encumbrance). Any part of an annual operating appropriation not spent or encumbered by June 30 automatically reverts to the undesignated fund balance that may result in free cash. If departments know of remaining unpaid bills at the close of the fiscal year and properly notifies the Town Accountant (MGL Ch. 41 ss. 58), the departmental appropriation is encumbered. This action extends the annual spending authorization until such time that the bill is paid or it is decided not to spend the funds. If these encumbrances are not acted on within ninety days, the Town Accountant generally notifies the department and closes them out. A special purpose appropriation, on the other hand, may carry forward from year to year until spent for the designated purpose or transferred by town meeting vote to another account. Audit An examination of systems, procedures, and financial data by a certified public accountant, reporting on the fairness of financial statements and compliance with statutes and regulations. The audit is a valuable management tool for evaluating the fiscal performance of a community. Available Funds Funds established through previous appropriations or resulting from financial operations. They may be appropriated to meet unforeseen expenses, or large non-recurring or capital expenditures. Examples include free cash, stabilization fund, overlay surplus, water surplus, and enterprise retained earnings. Betterments (Special Assessments) Whenever a limited area of a community receives benefit from a public improvement (e.g., water, road, sewer, sidewalk, etc.), special property taxes may be assessed to reimburse the governmental entity for all or part of the costs it incurred. Each parcel receiving benefit from the improvement is assessed for a proportionate share of the cost of such improvements. The proportionate share may be paid in full, or the property owner may request the assessors to apportion the betterment over a period of up to 20 years. Over the lifetime of the betterment, one year’s apportionment along with one year’s committed interest computed from October 1 to October 1 is added to the tax bill until the betterment has been paid. Bond A written promise to pay a specified sum of money, called the face value (par value) or principal amount, at a specified date in the future, called the maturity date, together with periodic interest at a specified rate. The difference between a note and a bond is that the latter runs for a longer period of time. Bond Anticipation Note (BAN) A short-term note to provide cash for initial project costs issued in anticipation of bond proceeds. BANs may be issued for a period not to exceed five years, provided principal repayment begins after two years. Communities with approved projects on the School Building Assistance (SBA) priority list may defer principal payments up to five years (approved annually in outside sections of the budget). The final maturity date of the project borrowing, beginning from the date the short-term note was issued, may not exceed the term specified by statute. BANs are full faith and credit obligations. Bond Authorized And Unissued Bond authorized but not yet sold. Issuance is contingent only on action by the Town Treasurer and a majority of the Board of Selectmen. Bond Counsel An attorney or law firm engaged to review and submit an opinion on the legal aspects of a municipal bond or note issue. Bond Issue Generally represents the sale of a certain number of bonds at one time by a governmental unit. Bond Rating (Municipal) A credit rating to help investors determine the risk of losing money in a given fixed-income investment. Agencies specializing in municipal bonds assign a rating, designated by letters or a combination of letters and numerals, based on their opinion of the future ability, legal obligation, and willingness of a bond issuer to make timely debt service payments. Budget A plan of financial operation embodying an estimate of proposed revenues and expenditures for a given period and the proposed means of financing them. A budget may be “preliminary” (the financial plan presented to the town meeting), or “final” (the plan approved by that body). The budget should be separated into basic units, either by department, program, or service. Formatting the budget in this way helps local officials and citizens make policy decisions when allocating scarce resources. It is also important to include as much information as possible concerning the output or accomplishments expected of a given program or department during the year. Capital Improvements Program A comprehensive plan for planning a community’s capital expenditures. It coordinates community planning, fiscal capacity and physical development. While all of the community’s needs should be identified in the program, there is a set of criteria that prioritizes the expenditures. The capital program is a plan for capital expenditures that usually extends at least five years beyond the capital budget. Capital Outlay Expenditure Exclusion A vote by a community at an election to exclude payments for a capital project from the levy limit. The exclusion may temporarily increase the levy above the levy ceiling. Cash Currency, coin, checks and bankers’ drafts on hand or on deposit with an official or agent designated as custodian of cash and bank deposits. Cash Management The process of managing a local government’s money in order to ensure maximum cash availability and maximum yield on short-term investment of idle cash. Cemetery Perpetual Care Funds donated by individuals for the care of gravesites. According to MGL, funds from this account must be invested and spent as directed by perpetual care agreements. If no agreements exist, the interest (but not principal) may be used as directed by the Cemetery Commissioners for the purpose of maintaining cemeteries. Chapter 90 Highway Funds The state legislature authorizes and issues transportation capital bonds every few years. In each Transportation Bond, funds are apportioned to communities based upon a formula under the provisions of MGL Ch. 90 ss. 34, hence the terms Chapter 90 funds. The Chapter 90 highway formula is comprised of three variables: local road mileage as certified by the Massachusetts Highway Department (MHD), employment figures from the Department of Employment and Training (DET), and population estimates from the U. S. Census Bureau. Under this formula, those communities with a larger number of road miles receive proportionately more aid than those with fewer road miles. These funds are reimbursed to communities based upon certified expenditure reports submitted to MHD. Cherry Sheets Named for the cherry colored paper on which they were originally printed, the Cherry Sheets are the official notification of the next fiscal year’s state aid and assessments to communities and regional school districts from the Commissioner of Revenue. State aid to municipalities and regional school districts consist of two major types – distributions and reimbursement. Distributions provide funds based on formulas while reimbursements provide funds for costs incurred during a period for certain programs or services. In addition, communities may receive “offset items” that must be spent on specific programs. Cherry Sheet assessments are advance estimates of state assessments and charges. Local assessors are required to use these figures in setting the local tax rate. Because these figures are estimates, it should be noted that based upon filing requirements and/or actual information, the final aid or assessment may differ. Cherry Sheet Offset Items Local aid accounts that may be spent without appropriation in the budget, but which must be spent for specific municipal and regional school district programs. Current offset items include racial equality grants, school lunch grants, and public libraries grants. Collective Bargaining The negotiations between an employer and union representative regarding wages, hours, and working conditions. Conservation Fund This fund may be expended for lawful conservation purposes as described in MGL Ch. 40 ss. 8C. It may also be expended for damages related to the taking of land by eminent domain provided that such taking has first been approved by two-thirds vote of town meeting. Contingent Appropriation An appropriation that authorizes spending for a particular purpose upon the occurrence of a later event. The grant of spending authority made by an appropriation must be certain at the time of the vote and, therefore, contingent appropriations are not generally permissible. Under MGL Ch. 59 ss. 21C(m), however, towns may make appropriations from the tax levy, available funds or borrowing, contingent upon the subsequent passage of a Proposition 2-½ override or exclusion question for the same purpose. Debt Authorization Formal approval by a two-thirds vote of town meeting to incur debt, in accordance with procedures stated in MGL Ch. 44. Debt Exclusion A vote by a municipality at an election to exclude debt service payments for a particular capital project form the levy limit. The amount necessary to cover the annual debt service payment is added to the levy limit for the life of the debt only. A debt exclusion may temporarily increase the levy above the levy ceiling. Debt Limit The maximum amount of debt that a municipality may have authorized for qualified purposes under state law. Debt Service The cost usually stated in annual terms, of the principal repayment and interest of any particular issue. Deficit The excess of expenditures over revenues during an accounting period. Also refers to the excess of the liabilities of a fund over its assets. Education Reform Act Of 1993 An act that seek to remedy educational funding inequities between local communities by providing adequate state funding over a seven year period for all local and regional school districts and by mandating equity based upon a particular community’s ability to pay. One of the Act’s major goals is to improve student achievement. Eminent Domain The power of a government to take property for public purposes by condemnation provided that fair compensation is paid to the owner. This method is frequently used to obtain real property that cannot be purchased from owners by means of a voluntary transaction. Encumbrance Obligations in the form of purchase orders, contracts, or salary commitments that are chargeable to an appropriation and for which a part of the appropriations is reserved. Enterprise Fund Those funds which are established for specific uses under M.G.L. c.44, §53F1/2 that require an annual appropriation to operate (i.e. The Brewster Water Department). Enterprise fund revenue streams are segregated from the general fund into a separate fund and available as a separate financing source for services that generate, or for purposes supported by, those revenues. These include the revenues of enterprise funds established for services typically financed and delivered in a manner similar to private enterprises for the purpose of accounting for all costs, direct or indirect, of providing the services. Estimated Receipts An estimate of state and local miscellaneous receipts based upon the previous year’s receipts that assessors deduct from the gross amount to be raised in order to arrive at the tax levy. Excess And Deficiency Also called the “surplus revenue” account, this is the amount by which cash, accounts receivable, and other assets exceed a regional school district’s liabilities and reserves as certified by the Director of Accounts. The calculation is made based upon the balance sheet that is submitted by the district’s auditor, accountant, or comptroller as of June 30. The regional school committee must apply certified amounts exceeding five percent of the district’s prior year operating and capital costs to reduce the assessment on member cities and towns. Excess Levy Capacity The difference between the levy limit and the amount of real and personal property taxes actually levied in a given year. Annually, the Board of Selectmen must be informed of excess levy capacity and their acknowledgment must be submitted to the Department of Revenue when setting the tax rate. Fiscal Year Since 1974, the Commonwealth and municipalities have operated on a budget cycle that begins Ju ly 1 and ends June 30. The designation of the fiscal year is that of the calendar year in which the fi scal year ends. For example, the 2023 fiscal year is July 1, 2022 to June 30, 2023 and is usually written as FY2023. Since 1976, the federal government has had a fiscal year that begins October 1 and ends September 30. Fixed Costs Costs that are legally or contractually mandated such as retirement, FICA/Social Security, insurance, debt service or interest costs. Foundation Budget The target imposed by the Education Reform Act of 1993 for each school district, defining the spending level necessary to provide an adequate education for all students. Free Cash Unrestricted funds from operations of the previous fiscal year that are certified by the Director of Accounts as available for appropriation. Remaining funds include unexpended free cash from the previous year, receipts in excess of estimates shown on the tax recapitulation sheet, and unspent amounts in budget line-items. Unpaid property taxes and certain deficits reduce the amount that can be certified as free cash. The calculation of free cash is based upon the balance sheet as of June 30, which is submitted by the Town Accountant. A community should maintain a free cash balance to provide a hedge against unforeseen expenditures and to ensure there will be an adequate reserve to prevent sharp fluctuations in the tax rate. Maintenance of an adequate free cash level is not a luxury but a necessary component of sound local fiscal management. Credit rating agencies and other members of the financial community expect municipalities to maintain free cash reserves and make judgments regarding a community’s fiscal stability, in part, on the basis of free cash. Fund An accounting entity with a self-balancing set of accounts that are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with specific regulations, restrictions, or limitations. Fund Accounting Organizing the financial records of a municipality into multiple funds. A fund is a distinct entity within the municipal government in which financial resources and activity (assets, liabilities, fund balances, revenues and expenditures) are accounted for independently in accordance with specific regulations, restrictions and limitations. Examples of funds include the general fund and enterprise funds. General Fund The fund used to account for most financial resources and activities governed by the normal town meeting appropriation process. General Obligation (GO) Bonds Bonds issued by a municipality that are backed by the full faith and credit of its taxing authority. Hotel/Motel Excise A local option that allows a community to assess a tax on room occupancy. The community may levy up to 6% of the taxable rents of hotels, motels and lodging houses in that community. Indirect Cost Costs of a service not reflected in the service’s operating budget. An example of an indirect cost of providing water service would be health insurance costs for water department employees. A determination of these costs is necessary to analyze the total cost of service delivery and a Mutual Agreement for reporting and paying indirect costs is required between the Select Board and respective Department / Committee. Interest Compensation paid or to be paid for the use of money, including amounts payable at periodic intervals or discounted at the time a loan is made. Interest Rate The interest payable, expressed as a percentage of the principal available, for use during a specified period of time. It is always expressed in annual terms. Law Enforcement Trust Fund A revolving fund established to account for a portion of the proceeds from the sale of property seized from illegal drug-related activities. Funds may be expended to defray certain qualified law enforcement costs as outlined in MGL Ch. 94C ss. 47. Funds from this account may be expended by the Police Chief without further appropriation. Levy The amount a community raises through the property tax. The levy can be any amount up to the levy limit. Levy Ceiling The maximum levy assessed on real and personal property may not exceed 2 ½ percent of the total full and fair cash value of all taxable property (MGL Ch. 59 ss. 21C). Property taxes levied may exceed this limit only if the community passes a capital exclusion, a debt exclusion, or a special exclusion. Levy Limit The maximum amount a community can levy in a given year. The limit can grow each year by 2 ½ percent of the prior year’s levy limit plus new growth and any overrides. The levy limit can exceed the levy ceiling only if the community passes a capital expenditure exclusion, debt exclusion, or special exclusion. Line-Item Budget A budget that focuses on inputs of categories of spending, such as supplies, equipment, maintenance, or salaries, as opposed to a program budget. Local Aid Revenue allocated by the commonwealth to cities, towns, and regional school districts. Estimates of local aid are transmitted to cities, towns, and districts annually by the “Cherry Sheets”. Most Cherry Sheet aid programs are considered revenues of the municipality’s or regional school districts’ general fund and may be spent for any purpose, subject to appropriation. Local Receipts Locally generated revenues, other than real and personal property taxes and enterprise fund revenues. Examples include motor vehicle excise, investment income, hotel/motel tax, fees, rentals, and charges. Annual estimates of local receipts are shown on the tax rate recapitulation sheet. Motor Vehicle Excise (MVE) Every motor vehicle and trailer registered in the Commonwealth is subject to the MVE unless expressly exempted. MVE is imposed for the privilege of registering a motor vehicle. Registering a motor vehicle automatically triggers the assessment of the excise. Municipal(s) Municipal refers to any state or subordinate governmental unit. “Municipals” (i.e., municipal bonds) include not only the bonds of all local subdivisions, such as cities, towns, school districts, special districts, but also bonds of the state and agencies of the state. Municipal Revenue Growth Factor (MRGF) An estimate of the percentage change in a municipality’s revenue growth for a fiscal year. It represents the combined percentage increase in the following revenue components; automatic 2 ½ percent increase in the levy limit, estimated new growth, the change in selected unrestricted state aid categories, and the change in selected unrestricted local receipts (Education Reform Act of 1993). Net School Spending (NSS) School budget and municipal budget amounts attributable to education, excluding long-term debt service, student transportation, school lunches and certain other specified school expenditures. A community’s NSS funding must equal or exceed the NSS Requirement established annually by the Department of Education (DOE) (Education Reform Act of 1993). New Growth The taxing capacity added by new construction and other increases in the property tax base. New growth is calculated by multiplying all increases in value which are not the result of revaluation by the tax rate of the previous fiscal year, for example, FY2023 new growth is determined by multiplying the value on January 1, 2022 by the FY2022 tax rate. Assessors must submit documentation of new growth to the BLA annually before setting the tax rate. Documentation sh ould be retained for five years in the event of a BLA audit. Operating Budget A plan of proposed expenditures for personnel, supplies, and other expenses for the coming fiscal year. Overlay (Overlay Reserve or Allowance for Abatements and Exemptions) An account established annually to fund anticipated property tax abatements, exemptions and uncollected taxes in that year. The overlay reserve is not established by the normal appropriation process, but rather is raised on the tax rate recapitulation sheet. Overlay Surplus Any balance in the overlay account in excess of the amount remaining to be collected or abated can be transferred into this account. Within ten days of a written request by the chief executive officer of a city or town, the Board of Assessors must provide a certification of the excess amount of overlay available to transfer. Overlay surplus may be appropriated for any lawful purpose. At the end of each fiscal year, unused overlay surplus is “closed” to surplus revenue. Override A vote by a community at an election to permanently increase the levy limit. An override vote may increase the levy limit no higher than the levy ceiling. The override question on the election ballot must state a purpose for the override and the dollar amount). Override Capacity The difference between a community’s levy ceiling and its levy limit. It is the maximum amount by which a community may override its levy limit. Payments In Lieu Of Taxes (PILOT) An agreement between a municipality and an entity not subject to taxation, such as charitable or educational organizations, in which the payer agrees to make a voluntary payment to the municipality. By law, a city or town must make such payment to any other community in which it owns land used for public purposes. Proposition 2 ½ (Prop 2 ½) M.G.L. c.59, §21C was enacted in 1980 and limits the amount of revenue a city or town may raise from local property taxes each year. This amount is the community’s annual levy limit. The law allows the levy limit to increase each year by 2.5% plus any new growth revenue derived from taxes from new construction and alterations. This amount may not exceed the community’s levy ceiling. Proposition 2 ½ also established two types of voter approved increases in local taxing authority – overrides and exclusions. Receipts Reserved Proceeds that are earmarked by law and placed in separate accounts for appropriation for particular purposes. For example, parking meter proceeds may be appropriated to offset certain expenses for parking meters and the regulation of parking and other traffic activities. Reserve Fund An amount set aside annually within the budget of a city (not to exceed 3% of the tax levy for the preceding year) or town (not to exceed 5% of the tax levy for the preceding year) to provide a funding source for extraordinary or unforeseen expenditures. In a town, the Finance Committee can authorize transfers from this fund for “extraordinary or unforeseen” expenditures. Other uses of the fund require budgetary transfers by town meeting. Revenue Anticipation Borrowing Cities, towns and districts may issue temporary notes in anticipation of taxes (TAN’s) or other revenue (RAN’s). The amount of this type of borrowing is limited to the total of the prior year’s tax levy, the net amount collected in motor vehicle and trailer excise in the prior year and payments made by the Commonwealth in lieu of taxes in the prior year. According to MGL Ch. 44 ss. 4, cities, towns and districts may borrow for up to one year in anticipation of such revenue. Revenue Anticipation Note (RAN) A short-term loan issued to be paid off by revenues, such as tax collections and state aid. RANs are full faith and credit obligations. Revenue Bond A bond payable from and secured solely by specific revenues and thereby not a full faith and credit obligation. Revolving Fund Allows a community to raise revenues from a specific service and use those revenues without appropriation to support the service. For departmental revolving funds, MGL Ch 44 ss. 52E ½ requires each revolving fund must be established by ordinance or charter and stipulates that each fund must be re-authorized each year at annual town meeting action, and that a limit on the total amount that may be spent form each fund must be established at that time. The aggregate of all revolving funds may not exceed ten percent of the amount raised by taxation by the town in the most recent fiscal year, and not more than one percent of the amount raised by taxation may be administered by a single fund. Wages and salaries for full-time employees may be paid from the revolving fund only if the fund is also charged for all associated fringe benefits. Revolving funds for other programs as provided by statute are still allowed, and a departmental revolving fund may be implemented in addition to or in conjunction with other existing statutory revolving funds, provided that the departmental revolving fund does not conflict with provisions of other revolving funds. Sale Of Cemetery Lots Fund A fund established to account for proceeds of the sale of cemetery lots. The proceeds may only be appropriated to pay for the cost of the land, its care and improvement or the enlargement of the cemetery under provisions of MGL Ch. 144 ss. 15. Stabilization Fund A fund designed to accumulate amounts for capital and other future spending purposes, although it may be appropriated for any lawful purpose. Communities may appropriate into this fund in any year an amount and any interest shall be added to and become a part of the fund. A two-thirds vote of town meeting is required to appropriate money from the Stabilization Fund. State Aid Anticipation Note (SAAN) A short-term loan issued in anticipation of a state grant or aid (MGL Ch. 44 ss. 6A). State House Notes Debt instruments for cities, towns, counties and districts certified by the Director of Accounts. State House Notes, payable annually, are usually limited to maturities of five years. The notes are generally less costly and easier to issue than conventional issues for borrowing. They are commonly used for temporary loans and smaller long-term issues. Tax Rate The amount of property tax stated in terms of a unit of the municipal tax base; for example, $14.80 per $1,000 of assessed valuation of taxable real and personal property. Tax Rate Recapitulation Sheet (Recap Sheet) A document submitted by a city or town to the Department of Revenue in order to set a property tax rate. The recap sheet shows all estimated revenues and actual appropriations that affect the property tax rate. The recap sheet should be submitted to the Department of Revenue by September 1 (in order to issue the first-half semiannual property tax bills before October) or by December 1 (in order to issue the third quarterly property tax bills before January 1). Five Year Valuation Certification The Commissioner of Revenue is required to review local assessments every five years and to certify that they represent FFCV. The Bureau of Local Assessments is responsible for this process. Trust Fund In general, a fund held for the specific purpose stipulated by a trust agreement. The Town Treasurer acts as a custodian of trust funds and invests and expends such funds as stipulated by trust agreements or as directed by the Commissioners of Trust Funds or by town meeting. Both principal and interest may be used if the trust is established as an expendable trust. For non-expendable trust funds, interest but not principal may be expended as directed. Underride A vote by a community to permanently decrease the tax levy limit. As such, it is the exact opposite of an override. Unfunded Pension Liability Unfunded pension liability is the difference between the value assigned to the retirement benefits already earned by a municipality’s employees and the assets the local retirement system will have on hand to meet these obligations. The dollar value of the unfunded pension liability is driven by assumptions about interest rates at which a retirement system’s assets will grow and the rate of future costs of living increases to pensioners. Uniform Municipal Accounting System (UMAS) The Department of Revenue regards UMAS as the professional standard for municipal account system that conforms to Generally Accepted Accounting Principles modern municipal accounting in Massachusetts. Among the benefits of conversion to UMAS is increased consistency in reporting and record keeping and enhanced comparability of data among cities and towns. Unreserved Fund Balance (Surplus Revenue Account) The amount by which cash, accounts receivable, and other assets exceed liabilities and restricted reserves. It is akin to a “stockholders’ equity” account on a corporate balance sheet. It is not, however, available for appropriation in full because a portion of the assets listed as “accounts receivable” may be taxes receivable and uncollected. Warrant An authorization for an action. For example, a town meeting warrant establishes the matters that may be acted upon by that town meeting. A treasury warrant authorizes the treasurer to pay specific bills. The assessors’ warrant authorizes the tax collector to collect taxes in the amount and from the persons listed, respectively. Water Surplus For water departments operating under MGL Ch. 41 ss. 69B, any revenues in excess of estimated water receipts or unspent water appropriations closeout to a water surplus account. Water surplus may be appropriated to fund water-related general and capital expenses or to reduce water rates. Waterways Improvement Fund An account into which fifty percent of the proceeds of the boat excise is deposited. Use of these proceeds is limited to certain waterway expenses as outlined in MGL Ch. 40 ss. 5G. Maura T. Healey Governor Kimberley Driscoll Lieutenant Governor Rebecca L. Tepper Secretary Bonnie Heiple Commissioner This information is available in alternate format. Please contact Melixza Esenyie at 617 -626-1282. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper Paul F Anderson April 10, 2023 Brewster Water Department 165 Commerce Park Rd Brewster, MA 02631 panderson@brewster-ma.gov Dear Mr. Anderson: The Massachusetts Department of Environmental Protection’s (MassDEP) Drinking Water Program is pleased to extend its congratulations to the Brewster Water Department for its outstanding performance in 2022. Your system has achieved one of the top scores in the Medium and Large Community System Category of the 2023 Public Water Systems Awards Program. MassDEP realizes that it is no easy task to keep up with the ever-evolving federal and state drinking water regulations. Your compliance efforts have not gone unnoticed as have your efforts to go above and beyond compliance. MassDEP encourages you to continue this level of excellence in carrying out your work of protecting and supplying safe and fit water to our citizens. I look forward to seeing you at the awards ceremony on May 11, 2023, at the Massachusetts State House. If you have any questions regarding the Awards Program, please contact Marie Tennant at Marie.Tennant@mass.gov. Please R.S.V.P. to New England Water Works by May 4, 2023. Congratulations, Yvette DePeiza, Program Director Drinking Water Program Attachments April 19, 2023 Dear Local, Regional and State Public Health Workers and Health Board Members in Massachusetts: As members of the Massachusetts Public Health Council, we are writing to express heartfelt gratitude and appreciation for the tireless and selfless work that you do for all of the communities in our state. Your dedication to promoting and protecting public health is truly commendable and inspiring, especially in the face of the challenges and obstacles that you have experienced over the past few years. We are aware of the challenges and risks you face every day in serving the people of Massachusetts, especially during the COVID-19 pandemic. The pandemic has presented unprecedented difficulties, including increased workload, limited resources, and heightened personal risk. Despite these challenges, you have continued to serve with passion and professionalism, providing essential public health services, education, and support to those in need. In addition to the pandemic, public health workers and health board members across the state continue to face the challenges of addressing new and longstanding public health issues, including the opioid crises and mpox. And all the while, you continue to conduct restaurant inspections, prepare for and mitigate emergency situations, propose and implement cross- jurisdictional collaborations, and so much more. Through it all, you have remained steadfast in your commitment to public health and have continued to work tirelessly to improve the health and well-being of those you serve. Your efforts have not gone unnoticed, and we want to take this opportunity to acknowledge the important contributions that you make to our state every day. Your hard work and commitment are making a difference in the lives of those you serve, and for that, we thank you. As partners with you in public health, we will continue to work together to address the health needs of all communities. Your efforts and dedication are invaluable, and we are proud to stand with you in this important work. Thank you for your unwavering dedication and for all that you do for the people of Massachusetts Sincerely, The Massachusetts Public Health Council The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health 250 Washington Street, Boston, MA 02108-4619 MAURA T. HEALEY Governor KIMBERLEY DRISCOLL Lieutenant Governor KATHLEEN E. WALSH Secretary ROBERT GOLDSTEIN, MD, PhD Commissioner Tel: 617-624-6000 www.mass.gov/dph Public Meeting Thursday, April 27, 2023; 6:00pm LINK: https://capecodcommission.org/llr/join Passcode: join Phone: (929) 205-6099 Meeting ID: 935 5189 6265 Workshop 2 of the Low Lying Roads Project Learn about possible solutions for three identified low lying road segments: Betty’s Curve (at Route 6A/Lower Road), Lower Road (at Freemans Pond), and 6A (at the Dennis town line) Discuss potential traditional, green, and hybrid solutions for each identified road segment including associated cost estimates Ask any questions about the presented solutions or about the project in general The Town of Brewster invites you to a For more information visit: https://www.capecodcommission.org/our-work/low-lying-roads-brewster/ For Cape Cod Commission questions, contact Heather McElroy at hmcelroy@capecodcommission.org Have questions? Contact Chris Miller at cmiller@brewster-ma.gov Archive d: Friday, April 21, 2023 3:48:11 PM From: MassDO T M ail re ce ive d time : Fri, 21 Apr 2023 16:31:51 Se nt: Friday, April 21, 2023 12:31:51 PM Subje ct: Cape Cod Bridges Program Upcoming Open House Importance : Normal Se ns itivity: N one Issue D ate: 4/21/2023 T he Cape Cod Br id ges Pro gr a m Thi s notice i s to i nform you of an upcoming Open House for the Massachusetts D epartment of Transportati on's(MassDOT's) C ape C od Bridges Program. This Program will i nclude the replacement of the Bourne andSagamore bri dges, new connecti ons to the local roadway network and improve multimodal accommodati onswithin the C ape C od Canal area. The publi c is encouraged to attend thi s Open House and learn more about the Program and provide feedback.There will be i nformation on the Envi ronmental Notificati on Form, status of the Program, i nterchangealternatives, potential bridge locati ons and lane configurati ons, maps of the Program Area, and next steps.Public input will be revi ewed and considered to the maximum extent possi ble. Open House Wednesday, May 17 Afternoon: 12 P.M. to 3 P.M. Eveni ng: 5 P.M. to 8 P.M. Bourne Veteran's Memorial Communi ty Center 239 Main Street, Buzzards Bay, MA, 02532 Registrati on for this event i s not requi red. The Community Center is an AD A-compli ant locati on. Translati on servi ces will be available in Spanish, Portuguese, ASL and by request. To si gn up to recei ve program updates please vi si t: http://tiny.cc/CapeCodProgramSub. For more informationon the program please vi si t the program web si te: https://www.mass.gov/cape-bridges. Please feel free toextend this meeting invitation to others that may have an i nterest in attendi ng. In the interim, please use theProgram's comment form for any questi ons or concerns at: http://tiny.cc/CapeCodProgramCF. Ques tions ? Contact Us STAY CONNECTED: T hi s e m ai l was sen t u si ng PIM A on b eha l f of the: M assach usetts De pa rtm e nt o f T ra nsportati on - 10 Park Pl aza - Boston, M A 02 11 6 877-623 -684 6 If y ou would like t o unsubscribe p lease click here. Select Board Meeting 4.24.23 Consent Agenda Cover Page April 24, 2023 a.Meeting Minutes: March 27, 2023 and April 3, 2023 Draft meeting minutes from the Select Board regular session meetings held on March 27, 2023 and April 3, 2023 have been submitted for approval. Administration Recommendation We recommend the Select Board approve the meeting minutes as presented. b.FY24 Barnstable County Retirement Association Cost of Living Adjustment The Barnstable County Retirement Association is requesting a vote on an additional 2% increase of the Cost-of-Living Adjustment for retirees for fiscal year 2023. This one-time adjustment is outlined in Chapter 269 of the Acts of 2022 which was signed by the Governor on November 16, 2022. If approved, the maximum increase for any retiree would be $30.00 per month. Administration Recommendation We recommend the Select Board approve this request. c.Sign and Post May 16, 2023 Annual Town Election Warrant The Annual Town Election Warrant has been provided by the Town Clerk for Select Board signatures, once signed the Constable will post the warrant. Administration Recommendation We recommend the Select Board sign the Annual Town Election Warrant. d.Select Board Delegation of Utility Pole & Underground Cable and Conduit Petitions to Town Manager The Town receives petitions from utility companies to install poles, underground cables, and conduits to provide service to residents. These petitions are time sensitive and follow a statutory process that includes advertisement, abutter notification, and a public hearing. Town Administration has historically worked with the utility company to complete these steps, including holding public hearings on these utility petitions at Town Hall. Section 3-2-7 of the Town Charter expressly grants the Select Board authority to delegate licensing responsibilities such as utility petitions. Administration Recommendation We recommend the Select Board approve delegation of said petitions to the Town Manager. e.Approve and Sign Preservation Restriction Agreement between Town and Brewster Historical Society for Cobb House at 739 Lower Road The Brewster Historical Society received Community Preservation funds to restore the Cobb House at 739 Lower Road. As a condition of the award, a Preservation Restriction is required. Administration Recommendation We recommend the Select Board approve the Preservation Restriction Agreement. Select Board Meeting 4.24.23 f.Fee Waiver Request: Late Fee for Annual Mooring Application Resident Bill Engster is requesting a fee waiver of the $20 late fee that is associated with the Natural Resources Department Renewal Mooring Application. Per the Director of Natural Resources, the $20 late fee for mooring permits was established at least 10 years ago and has been part of the regulations ever since. An electronic mooring permit renewal was established in 2018 and the system is used to send reminders to annual mooring permit holders. Renewal Mooring Applications are due February 15, any applications or renewals received after April 1 of each year are assessed a late fee of $20. Administration Recommendation The recommendation from the Natural Resources Department is not to waive the late charge. g.One Day Entertainment Applications and Fee Waiver Request: Nauset Garden Club of Cape Cod The Nauset Garden Club of Cape Cod has submitted two One Day Entertainment Applications to have live music at the Crosby Mansion for Art in Bloom events on Friday June 9 and Saturday June 10 from 10am – 4pm. The musician will be playing an electric keyboard with speakers indoors. The Police Chief, Planning Department, Building Department, and Health Department do not have any issues with these events. Note that there is not a fee waiver request for these applications, the Nauset Garden Club of Cape Cod has submitted payment. Administration Recommendation We recommend the Select Board approve the two One Day Entertainment License applications. h.Facility Use Applications: Brewster Historical Society (and Fee Waiver Request) and Kaleidoscope Craft Fairs The Brewster Historical Society is requesting use of Drummer Boy Park on Friday June 23 and June 24, 2023, to host their 50th Annual Antiques Fair. Friday will be used to set up for the event from 12pm until 5pm. The event will be held on Saturday from 7am until 5pm. They expect over 500 attendees throughout the day with no more than 200 at one time. The Brewster Historical Society is also requesting a waiver of $700 for use of the park over the two days. Kaleidoscope Craft Fairs is requesting to add Friday July 14 and Friday August 4, 2023 to their already approved weekends to host their craft fairs. These dates will be used to set up the property for the vendors. The following departments have reviewed the applications and provided their feedback: Fire Department – no concerns with the applications as presented. Health Department – if any food is to be offered at any event, the applicant must apply for food permits. Department of Public Works – if rain is predicted prior to or during the events, parking on the wet-side in the grass should be restricted to keep any vehicles out of the ponding area. Select Board Meeting 4.24.23 Town Administration: o Applicants and their guests are responsible for removing their own trash. o No vehicles can traverse over the paved walking paths. o Applicants must work with the Department of Public Works ahead of the event to put up traffic measures near the walking paths. o The sale of single use plastic bottled water is prohibited on town property. Administration Recommendation We recommend the Select Board approve the Facility Use applications and the fee waiver request. i.Request from Brewster Whitecaps for Temporary Signage and Fee Waiver at Brewster Beaches The Brewster Whitecaps is requesting to place temporary signs with the Whitecaps 2023 Home schedule at town beaches in June, July and early August. The locations include Saints Landing, Breakwater Beach, Crosby Landing, Mants Landing, Linnell Landing and First Light Beach. In addition, the Whitecaps are requesting a fee waiver for the temporary sign permit fees through the Building Department. Administration Recommendation We recommend the Select Board approve the posting of the Whitecaps schedule and waiver of temporary sign fees. j.Town Landing and Public Beach Access Requests: Point of Rocks Landing, Ellis Landing and Breakwater Landing Anchor Marine Inc., on behalf of the owners of 30 Swift Lane, has applied for use of Town Landing and public beach access at Point of Rocks beach. The Point of Rocks beach parking lot will be the access point for material deliveries and over-sand travel to the beach land for the purpose of performing sand nourishment. Overnight parking for two machines and storage of 21 cubic yards of sand is also requested. Access will be granted from Tuesday April 25, 2023, to sunset, Friday, April 28, 2023. The conditions for approval for use of Point of Rocks beach landing are outlined in the accompanying letter, which has been drafted by Town Administration in conjunction with the Conservation Administrator. Anchor Marine Inc., on behalf of the owners of 35, 41 & 51 Captain Dunbar Road, has applied for use of Town Landing and public beach access at Ellis Landing beach. The Ellis Landing beach parking lot will be the access point for material deliveries and over-sand travel to the beach land for the purpose of performing sand nourishment. Overnight parking for two machines and storage of 265 cubic yards of sand is also requested. Access will be granted from Tuesday April 25, 2023, to sunset, Friday, April 28, 2023. The conditions for approval for use of Ellis Landing beach are outlined in the accompanying letter, which has been drafted by Town Administration in conjunction with the Conservation Administrator. SumCo Eco-Contracting, LLC, on behalf of the owners of 268 Breakwater & 257 Crocker Lane, has applied for use of Town Landing and public beach access at Breakwater beach. The Breakwater beach parking lot will be the access point for material deliveries and over-sand travel to the beach land for the purpose of performing sand nourishment. Select Board Meeting 4.24.23 Overnight parking for two machines and storage of 20 cubic yards of sand is also requested. Access will be granted from Tuesday April 25, 2023, to sunset, Friday, April 28, 2023. The conditions for approval for use of Breakwater beach landing are outlined in the accompanying letter, which has been drafted by Town Administration in conjunction with the Conservation Administrator. Administration Recommendation We recommend the Board vote to authorize staff to approve these requests, pending coordination with Conservation. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 3.27.2023 www.brewster-ma.gov Page 1 of 7 Office of: Select Board Town Manager MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION DATE: March 27, 2023 TIME: 5:45 PM PLACE: 2198 Main Street Participants: Chair Whitney, Selectperson Chatelain, Selectperson Hoffmann, Selectperson Bingham, Selectperson Chaffee, Town Manager Peter Lombardi, Human Resources Director Susan Broderick, Assistant Town Manager Donna Kalinick, Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Whitney called the meeting to order at 5:45pm, declared a quorum by announcing all members of the Board are present and read the meeting participation and recording statements. Selectperson Hoffmann moved to enter executive session. Selectperson Chaffee second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Executive Session To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel (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) The Board returned to regular session at 5:58pm. Discuss and Vote on FY24-26 SEIU DPW/Golf/Water Union Contract Mr. Lombardi shared that the Town has reached a tentative agreement with SEIU Local 888, which represents DPW, Golf and Water employees. The union took a ratification vote in favor of the tentative agreement last week, the contract is subject to appropriation by Town Meeting in May. This contract is for a 3-year term, with a cost of living adjustment of 2.5% in each of those three years. Selectperson Hoffmann moved to accept the FY24-26 SEIU DPW/Golf/Water Union contract as negotiated. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain- yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0- No. Public Announcements and Comment: Carol Marie Anderson of Long Pond Road shared her concern of the telephone poles and the tubing that has been placed on these poles, referencing an incident in Chatham where a telephone pole snapped in half on a public road. Ms. Anderson believes this is a safety concern and would like for the Town to consider buried utility lines. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 3.27.2023 www.brewster-ma.gov Page 2 of 7 Office of: Select Board Town Manager Select Board Announcements and Liaison Reports Selectperson Chaffee shared that Beautify Brewster Day will be held on Saturday April 29, 2023, with a rain date of April 30, 2023. Information is available on the Town website, to sign up, reach out to Ryan Burch at Department of Natural Resources or contact Meg Morris the Recycling Commission Chair at megmorris141@gmail.com. Town Manager’s Report Mr. Lombardi noted Brewster’s continued participation in the Cape and Islands Water Protection Fund and the Water Resources Task Force meets monthly and is looking forward to a report from the Cape Cod Commission on technical assistance and accessing State and Federal funds to help with some of the non- traditional projects. Mr. Lombardi has recently been appointed to serve on the Executive Committee of the Water Resources Task Force Board, adding that three out of the five seats on the Executive Committee are held by lower and outer cape towns. Consent Agenda a.Meeting Minutes: January 11, 2023 b.Appointment: Pond Property Planning Committee- Tino Kamarck as Brewster Conservation Trust Representative c.Facility Use Applications: First Parish Brewster- Paines Creek Beach and Brewster Pond Coalition- Upper Mill Pond Landing d.One-Day Entertainment License Applications: First Parish Brewster (Paines Creek Beach), Hackenson (29 Pebble Path), Beck/Fambrough (Crosby Beach), and Beyond the Bounds (1077 Main Street) e.Fee Waiver Request: First Parish Brewster f.Pass Through Town Permission: Harbor to the Bay g.Approved Liquor License Transfer Application Correction: Brewster Village Marketplace Selectperson Hoffmann moved to approve the Consent Agenda from March 27, 2023. Selectperson Chaffee second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Discuss and Vote on 2023 Personnel Bylaw Fixed Wages and Salaries Scale Human Resource Director, Susan Broderick presented the amended FY23 and the new FY24 fixed rate and salary scale. The scales encompass all the seasonal positions and some of the part-time positions. The scale is reviewed annually, adding that these positions do not receive an automatic cost of living increase, merit, or step increases. Policy states that the Town will use the States minimum wage as its lowest level of pay on the scale. All Department heads with positions in the scale have reviewed the scale. Changes include: The Recreation Department added 2 new positions both in FY23 and FY24 (pool attendant and pool manager), lifeguards (FY24 pay $20-$26 per hour) and water safety instructors. The maximum pay was increased. Other Departments have added a clerical support position. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 3.27.2023 www.brewster-ma.gov Page 3 of 7 Office of: Select Board Town Manager Selectperson Hoffmann moved to approve the Personnel Bylaw Fixed Wages and Salaries Scale as presented. Selectperson Chaffee second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain- yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0- No. Review and Vote on FY24 Nauset Public School Budgets- Select Board FY23-24 Strategic Plan Goal G-1 Mr. Lombardi reviewed that the Elementary Schools operating budget is set to increase in FY24 by 7.89% over FY23. The benefits are decreasing by a little over 2.5% and the net increase in their expenses is increasing by 5.54%. The Town had originally anticipated being able to accommodate a 3% operating increase for the schools, which was made clear to them following the 5-year financial forecast in December. Due to increases in State Aid the Town can now accommodate a 4% increase in the Elementary Schools and on the Regional Assessment. Mr. Lombardi noted that the difference between what has been approved by the Regional School Committee and funding available in the Town’s levy limits is $316,878. The Regional Schools proposed operating expenses are set to increase by 7.69%, noting a minor enrollment shift that impacts assessments. Mr. Lombardi noted that the Town has enough funding in our budget for a 4% increase, the operating override is $647,720. Mr. Lombardi noted the expenses for sending kids who live in member towns out through school choice or charter schools has doubled from FY20 actuals to FY24 budget from $1.4M to just under $3M. To help reduce our assessments we have historically used school choice revolving funds to help offset the increased expense, this revenue source has gone down by more than 50% in the same 4 years, from$ 2.1M to $1M. Members of the Select Board expressed their concerns with the presented budgets, including staffing levels, enrollment trends and forecasting. Mr. Lombardi reviewed the overrides for both the Elementary School and Region, noting that if the Elementary School operating overrides fails then the Town won’t have increased its levy to fund that portion of the budget. There are two options, reduce the Town’s budget by $315K or we go back to the School Committee to revisit the amount they voted on originally and bring the revised budget back to a Special Town Meeting and a Special Town Election. For the Region, the Regional School Committee has certified a certain budgeted amount, we can fund a portion of it, but not all of it. There will be a warrant article and a local election, if either of these fail in Brewster and they don’t fail in any of the other three member Towns, the Region budget will have been constructively approved by the other member Towns and we will have to fund it, we will not have a choice. Adding that the Town would have to reduce funding in the Town budget in the amount of $650K or call a Special Town Meeting and Special election. Mr. Lombardi noted that the Regional School Committee is not required to revisit their budget, they may if they so choose. If either the Town Meeting vote or the override fails in Brewster and one other Town, this is considered a failed Regional School budget and the committee is then required to revote their budget. All four Towns would need to vote at a Special Town Meeting and Special Election again. The budget is not considered approved until it is fully funded, and the budget cannot be fully funded within the Town’s levy, this requires an override which is a Town Meeting vote and a ballot vote. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 3.27.2023 www.brewster-ma.gov Page 4 of 7 Office of: Select Board Town Manager Selectperson Hoffmann moved to approve the Brewster Elementary Schools Budget in the amount of $10, 755,678. Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham-no, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 4-Yes, 1-No. Selectperson Hoffmann moved to approve the Nauset Regional Schools Operating Budget for a total of $14, 906,481. Selectperson Chaffee second. A roll call vote was taken. Selectperson Bingham-no, Selectperson Chatelain-no, Selectperson Hoffmann-yes, Selectperson Chaffee-no, Chair Whitney-no. The Board vote was 1-Yes, 4-No. Discuss Proposition 2 ½ Nauset Regional and Brewster Elementary School Operating Overrides Chair Whitney noted the total would be $964,598 if in one article. The Select Board agreed that there should be two separate articles and two separate ballot questions. Discuss and Vote on 2023 Annual Town Meeting Warrant Articles Article 1: Cape Cod Tech Regional Operating Budget o The overall budget is increasing by 3.8%, there are significant increases in revenue sources and Brewster enrollment is decreasing. Selectperson Hoffmann moved to approve the Article for the Cape Cod Regional Technical High School Operating budget in the amount of $1,464,365. Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Article 6: Town Operating Budget o Overall, the Town’s operating expenses, apart from transfers to the Housing Trust, OPEB, Water Quality Capital Stabilization, and Capital Stabilization is increasing by a little under 4.2%. Changes include: General Government: Moderator – originally proposed an increase of his compensation, which was declined. Level funded at $300. Select Board/Town Administration – was increased by $4300 to account for the salary of a part time administrative floater. Insurance, Utilities, and Fringe Benefits- shifted a little over $15K from health insurance to contractual obligations. Selectperson Hoffmann moved to recommend the Town Operating Budget for a grand total of $25,309,899. Selectperson Chaffee second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain- yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0- No. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 3.27.2023 www.brewster-ma.gov Page 5 of 7 Office of: Select Board Town Manager Article 7: Water Department Operating Budget Selectperson Hoffmann moved to recommend the Water Department Enterprise Fund Operating Budget for a total of $2,897,932. Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Article 8: Golf Department Operating Budget Selectperson Hoffmann moved to recommend the Golf Department Enterprise Fund Operating Budget for a total of $4,386,855. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Article 10: Capital & Special Projects Expenditures o New capital requests that were not originally included: Select Board- supplemental funding to complete the fertilizer leaching rate study at the Captains Golf Course. Seeking $40K through Water Quality Stabilization fund for supplemental data collection that needs to be completed. Select Board- Vesper Pond Road Betterment transfer from Road Betterments Receipt Reserved for Appropriation Fund to fund engineering for the project that has already been approved by Town Meeting. The Town will fully recoup the costs of the work of $26K. Police-$20K from free cash to support development of a 5-year strategic plan. Brewster Elementary Schools – upgrades to the roof and HVAC system at the Stony Brook School. In all project scenarios, giving the size, scale, and costs, will trigger other code compliance, seeking $100K from free cash to undertake the effort. Anticipated Spring 23 Capital Request, $80K funding for the Stony Brook generator has been moved back to accommodate the code compliant study request. Public Works- Dog Park Repairs & Maintenance $10K from free cash, will be drawn down on over multiple fiscal years. Water Enterprise- Hydration Station Program, $25K from Water Retained Earnings. Decreased the water meter replacement project to help cover this cost. Cemetery Improvements $40K for all Town cemeteries funded through the Cemetery Perpetual Care Fund. Brewster Ladies Library – IT &Telephone Equipment Upgrades funding source changed to Telecommunication Revolving Fund. Selectperson Hoffmann moved to recommend the Capital and Special Project Expenditures for a total of $1,951,748. Selectperson Chaffee second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 3.27.2023 www.brewster-ma.gov Page 6 of 7 Office of: Select Board Town Manager Article 11: Free Cash Appropriations, will have a balance of about $1.6M o $250K to Capital Stabilization Fund o $250K to Short-term Debt Selectperson Hoffmann moved to recommend the Free Cash Appropriations as follows: from Free Cash to Capital Stabilization Fund- $250K and from Free Cash to Short-term Debt-$250K. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Article 12: Special Revenue Fund/Cable Franchise Fee Account Selectperson Hoffmann moved to recommend the transfer for the Special Revenue Fund for the Cable Franchise Fee Account in the amount of $250K. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Article 13: Town Bylaw Amendment: Creation of New Community Garden and Wetlands Protection Revolving Funds o The Community Garden has a long-standing partnership with Brewster Conservation Trust and includes about 65 plots that residents use and has a long waitlist. The fund will properly account for the collection of fees and expenditures of the Community Garden. o Wetland Protection Revolving Fund creates an appropriate mechanism to access the funds. Selectperson Hoffmann moved to recommend the creation of a new community garden and wetlands protection revolving fund for $50K each, for a total of $100K. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Article 19: SEIU Collective Bargaining Agreement Selectperson Hoffmann moved to recommend the SEIU Collective Bargaining Agreement as printed. Selectperson Chaffee second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain- yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0- No. Article 22: Special Act: Transfer Care, Custody, and Control & Change Uses of Wing Island o The new purposes of Wing Island in the first paragraph in the article language and the special act language should state that it is being changed to “conservation and open space purposes”. Selectperson Hoffmann moved to recommend the Special Act: Transfer care, Custody, and Control & Change Uses of Wing Island as written and amended. Selectperson Bingham second. A roll call vote was taken. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 3.27.2023 www.brewster-ma.gov Page 7 of 7 Office of: Select Board Town Manager Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Article 23: Town Bylaw Amendment: Building Needs and Assessment Committee o Identified this committee that has been inactive for almost a decade and requires Town Meeting to dissolve the committee. Responsibilities have been assumed by other committees and by Town staff. Selectperson Hoffmann moved to recommend the Town Bylaw Amendment: Building Needs and Assessment Committee to be deleted as printed. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Ms. Kalinick noted that a pre-Town Meeting forum will be held on April 18 at 6pm. FYIs None Matters Not Reasonably Anticipated by the Chair None Questions from the Media None Next Meetings April 3, April 24, and May 1, 2023 Adjournment Selectperson Hoffmann moved to adjourn at 7:35pm. Selectperson Chaffee 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 Approved: __________________ Signed: _________________________________________ Date Selectperson Hoffmann, Clerk of the Select Board Accompanying Documents in Packet: Agenda, Consent Agenda items, Fixed Rate and Salary Scale, FY24 Nauset Public School Budgets, Proposition 2 ½ Nauset Regional and Brewster Elementary School Operating Overrides, 2023 Draft Annual Town Meeting Warrant Articles, For Your Information Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 4.03.2023 www.brewster-ma.gov Page 1 of 8 Office of: Select Board Town Manager MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION DATE: April 3, 2023 TIME: 5:15 PM PLACE: 2198 Main Street Participants: Chair Whitney, Selectperson Chatelain, Selectperson Hoffmann, Selectperson Bingham, Selectperson Chaffee, Town Manager Peter Lombardi, Human Resources Director Susan Broderick, Assistant Town Manager Donna Kalinick, Finance Director Mimi Bernardo, Town Moderator Charles Sumner, Al DeNapoli, Amanda Bebrin, Sharon Tennstedt Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Whitney called the meeting to order at 5:15pm, declared a quorum by announcing all members of the Board are present (Selectperson Chaffee attended virtually) and read the meeting participation and recording statements. Executive Session To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel (Personnel Bylaw & Police 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 (Police Officers Union, Police Superiors Union, Police Dispatchers Union, OPEIU & SEIU Library) Selectperson Hoffmann moved to enter executive session. Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. The Board returned to regular session at 5:57pm. Vote on FY24-26 Police Personnel Bylaw, Personnel Bylaw, OPEIU, Police Officers, Police Superiors and/or Police Dispatchers Union Contracts Mr. Lombardi reported that all employee agreements are ready to be voted on by the Select Board and that they have been ratified by their respective bargaining units. Generally, these are 3-year contracts with a 2.5% cost of living adjustment in each of the 3 fiscal years. There are included changes to wage scales where the current first step is being removed and a new top step in either FY24 or FY25 depending on the bargaining unit. Selectperson Chaffee recused herself from the Police Superiors Union Contract vote. Selectperson Hoffmann moved to approve the FY24-26 Police Personnel Bylaw, Personnel Bylaw, OPEIU, Police Officers and Police Dispatchers union contracts. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 4.03.2023 www.brewster-ma.gov Page 2 of 8 Office of: Select Board Town Manager Selectperson Hoffmann moved to approve the FY24-26 Police Superiors union contracts. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 4-Yes, 0-No. Public Announcements and Comment Hal Minis of 377 Tubman Road congratulated the Town on the website and the use of OpenGov for the budget information. Select Board Announcements and Liaison Reports None Town Manager’s Report Mr. Lombardi shared the following updates: The Town has applied for State grant funding through the Community Compact Best Practices program in the amount of $25K to help develop our second iteration of our 5-year Age friendly community action plan and another $13K+ to support DEI policy audit and training for Town Officials. The State supplemental budget that was approved last week included provisions to continue expanded open meeting law through Spring of 2025. The Expanded outdoor dining program was also continued through next Spring. A pre-Town Meeting information session will be held on Tuesday April 18th at Town Hall. Allows for questions and comments from residents. A round table discussion with relevant Town and School officials will be held next week. This will be broadcast on Channel 18 and will be available on the Town Website. Fire Chief Moran will be out on medical leave for about 4 weeks, in his absence Deputy Chief Varley has been appointed to serve as Acting Chief. Brittany Taylor has been hired as the new Library Director, Brittany was unanimously and strongly recommended. The Town will be operating the Brewster Community Pool with in-house staff this summer, several job opportunities have been posted. The Town is offering competitive pay and training for lifeguards. The Swap Shop will be opening on Friday April 14, 2023, hours will be Friday through Sunday 10am until 2pm, additional hours will be added for high season. The Swap Shop is for residents only. Consent Agenda a.Meeting Minutes: March 20, 2023 b.Acceptance of Grants and Gifts c.Facility Use Applications: Family Pantry of Cape Cod and The Anglican Church of the Resurrection (with Fee Waiver Request) d.One Day Liquor License Applications: Cape Rep Theatre e.One Day Entertainment License Application: Nichols (345 Robbins Hill Road) Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 4.03.2023 www.brewster-ma.gov Page 3 of 8 Office of: Select Board Town Manager f.Approve and Sign Updated 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 g.Town Landing and Public Beach Access Request: Point of Rocks Landing Selectperson Hoffmann moved to approve the Consent Agenda as amended for April 3, 2023. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Selectperson Chatelain-abs, Chair Whitney-yes. The Board vote was 4-Yes, 0-No, 1- Abs. Review and Vote on Select Board Policy for Brewster Community Pool Mr. Lombardi noted that the Recreation Commission recently approved rules and regulations subject to Town Counsel review, a draft version was included in the packet. Pool passes will be on sale starting next week through our mail in program, information has been sent to residents. The Town has developed frequently asked questions that will be available on the website. The draft policy is consistent with the First Light Beach policy and the rules and regulations adopted by the Recreation Commission. Mr. Lombardi reviewed that the plan is to require residents to purchase both a pool pass and a beach parking permit to allow access to the property. Check in will be at the gate house and if using the pool will have to show their pass to the pool attendant. The hours of operation are expected to be from 7am until 6pm. Selectperson Chaffee recommended changing a part of the draft rules regarding commercial activities to require permission from the Town Manager. Selectperson Hoffmann moved to approve the Select Board Policy for Brewster Community Pool Residents Only as amended. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Selectperson Chatelain-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. 6:15pm Public Hearing: Change of Liquor License Classification: JDT Investments, LLC d/b/a the Kitchen Café, 2671 Main Street It was noted that this is a continued hearing from the previous Select Board meeting. Ms. Kalinick shared that there was an Annual All Alcohol Beverage On-Premises Liquor License that became available recently. The applicants currently hold a Seasonal All-Alcoholic Beverage On-Premises Liquor License and request to transfer their Seasonal License to an Annual License. The applicant’s attorney Al DeNapoli was present to answer any questions, there were no questions from the Board or the public. Selectperson Hoffmann moved to approve the change of liquor license classification JDT Investments, LLC d/b/a the Kitchen Café, 2671 Main Street. The change is from a Seasonal to an Annual All Alcohol Beverage On-Premises Liquor License. Selectperson Bingham 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. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 4.03.2023 www.brewster-ma.gov Page 4 of 8 Office of: Select Board Town Manager Selectperson Hoffmann moved to close the public hearing. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Discuss and Vote on Proposed Changes to Vision Planning Committee Charge Mr. Lombardi shared that following the outcome of the Special Town Meeting in November and debrief sessions with Town Administration and members of the Vision Planning Committee it was agreed to refocus the charge to have clear understanding for committee members and residents about what the next several months will look like. The charge has been updated to focus the committees work on preparing a revised draft of the Local Comprehensive Plan (LCP) to recommend at Town meeting. Sharon Tennstedt, Chair of the VPC, commented that the committee will be focusing on a careful review of the text of the LCP, looking at all references to either the Drummer Boy Park Master Plan or to the previously included references to the Boardwalk. The committee will continue with educating the public on the LCP and its intent, including how it will be used to guide policy making and decisions, in particular to land use. The goal is to bring the revised LCP to Fall Town Meeting. Selectperson Hoffmann moved to approve the Vision Planning Committee Charge as printed in the packet. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Bingham- yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Discuss and Potential Vote on Proposed Drummer Boy Park Advisory Committee Charge- Joint with Town Moderator Mr. Lombardi shared that the development of the first Master Plan was adopted in the mid-nineties and the current plan was adopted at the Town Meeting in November 2021. The March Special Town Meeting voted to reconsider the acceptance of the plan and send the plan to a new committee for further study with a plan to report back to Town Meeting in May of 2024. A draft charge has been developed in communication with the Town Moderator, which was consistent with the motion made at the Town Meeting. Mr. Lombardi reviewed the following highlights: The new committee charge will be to re-evaluate the 2021 Master Plan and decide whether any changes need to be made. Any recommended changes to the Master Plan would not include any changes to Wing Island. This is an ad hoc advisory committee. Review the overall goals and recommendations that were identified in the plan considering the Town’s Open Space and Recreation Plan. Continue outreach to the community in identifying future public uses. The committee as proposed would consist of 7 members, appointed by the Select Board in consultation with the Moderator. Includes one representative from the Natural Resources Advisory Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 4.03.2023 www.brewster-ma.gov Page 5 of 8 Office of: Select Board Town Manager Commission, one from the Council on Aging Board, one from the Recreation Commission, and 4 at large members. The term is through May of 2024. The Select Board will appoint a liaison to the Committee, the advisory committee will be supported by Town Staff. Non-voting representatives from the Natural History Museum, Brewster Conservation Trust and the Brewster Historical Society. Mr. Lombardi reviewed the process, which will be consistent with the Select Board appointment policy. The Town Moderator will be involved in the screening process with the Select Board liaison. Chair Whitney noted that members of the Friends of Wing Island are welcome to apply as members at large. Ms. Kalinick mentioned for this Committee we don’t have any further funding for consultants. The Town had received grants from the State to fund the consultation and engineering work that was completed in the Plan. This is the same with the Vision Planning Committee. Selectperson Hoffmann moved to approve the proposed charge of the Drummer Boy Park Advisory Committee as presented in the packet. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Selectperson Chaffee- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Review and Vote to Place Proposition 2 ½ Nauset Regional and Brewster Elementary School Operating Overrides on May 16, 2023 Local Election Ballot Mr. Lombardi shared that the Town is looking at an almost $965K operating override between the two, the Board voted at the last meeting to have two separate overrides. Language is included in the packet relative to placing the overrides on the May 16 ballot. For the Elementary School it is $316,878 and for the Regional School it is $647,720. The tax impact for the overrides, based on FY23 total valuation (which will be updated next year): For the Elementary school override; a $.06 per thousand impact on the tax rate, approximately $35 for the medium single family residential home ($636K). For the Regional School override; a $.11 per thousand or $71 in additional permanent increases to the tax levy. Ms. Bernardo noted that the tax impact of the High School project is a temporary increase, where these are permanent. Selectperson Hoffmann moved to place the proposition 2 ½ Nauset Regional and Brewster Elementary School Operating Overrides on the May 16, 2023 Local Election ballot. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 4.03.2023 www.brewster-ma.gov Page 6 of 8 Office of: Select Board Town Manager Discuss and Vote on Spring 2023 Town Meeting Warrant Articles Article 3: Elementary Schools Operating Override Selectperson Hoffmann moved to recommend the Elementary Schools Operating Override as written in the draft warrant, Article #3. Selectperson Chatelain second. A roll call vote was taken. Selectperson Hoffmann- yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Article 5: Nauset Region Operating Override Selectperson Hoffmann moved to recommend the Nauset Regional Schools Operating Override as written in the draft warrant, Article #5. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Chatelain-no, Selectperson Bingham-no, Selectperson Chaffee-no, Chair Whitney-yes. The Board vote was 2-Yes, 3-No. Article 10: Capital and Special Projects o Changes that require revotes Section 2, new item B Town Hall Window Replacement; a $75K appropriation from Free Cash. Town Meeting had previously appropriated funds for this project, completed the bid process and originally planned on giving flexibility to complete in two phases. Bids came in about $265K with the base bid plus the alternate, concerned if we wait for phase 2 the costs will escalate significantly. Request is to complete in one phase. Section 5, item D- Walkers Pond Water Quality- a study was completed and are now looking at a less expensive potential solution. Reducing the amount from $80K to $50K from Free Cash. Section 9, item D- Exterior painting of the water tanks, the article has been updated to reflect the full borrowing expenses of the project of $650K and identified the plan to issue short-term debt. Recent bids came in lower than anticipated. Section 12- Captains Golf Course seeking $125K for window and door replacement, the bids came in significantly above what was anticipated. This item has been removed to identify the long-term plan for the project. Selectperson Hoffmann moved to recommend the changes within the draft warrant as printed in the packet for the addition of item 2B, the change of amount in item 5B, the change in amount and the source of item 9D and the omission of 12A. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee- yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Articles 15,16,17, 18, 20 and 21: Collective Bargaining and Non-union Personnel Obligations Selectperson Hoffmann moved to recommend the Police Patrol Officers Collective Bargaining Agreement as printed in the draft warrant, Article #15. Selectperson Bingham second. A roll call vote was taken. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 4.03.2023 www.brewster-ma.gov Page 7 of 8 Office of: Select Board Town Manager Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Chaffee- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Selectperson Hoffmann moved to recommend the Police Superior Union Collective Bargaining Agreement as printed in the draft warrant, Article #16. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Chaffee- abs, Chair Whitney-yes. The Board vote was 4-Yes, 0-No, 1-Abs. Selectperson Hoffmann moved to recommend the Police Dispatchers Union Collective Bargaining Agreement as printed in the draft warrant, Article #17. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Selectperson Hoffmann moved to recommend the Ladies Library Union Collective Bargaining Agreement as printed in the draft warrant, Article #18. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Chaffee- yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Selectperson Hoffmann moved to recommend the OPEIU Collective Bargaining Agreement as printed in the draft warrant, Article #20. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee- yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Selectperson Hoffmann moved to recommend the Non-Union Personnel Wage Funding as printed in the draft warrant, Article #21. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann- yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Vote to Close and Post May 1, 2023 Town Meeting Warrant Selectperson Hoffmann moved to close and post the May 1, 2023 Town Meeting warrant. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee-yes, Selectperson Bingham-yes, Selectperson Chatelain-yes, Selectperson Hoffmann-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. FYIs None Matters Not Reasonably Anticipated by the Chair None Questions from the Media None Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 4.03.2023 www.brewster-ma.gov Page 8 of 8 Office of: Select Board Town Manager Next Meetings April 24, May 1 (Town Meeting), May 8, May 17, May 22, and June 5, 2023 Adjournment Selectperson Hoffmann moved to adjourn at 7:29pm. Selectperson Bingham second. A roll call vote was taken. Selectperson Hoffmann-yes, Selectperson Chatelain-yes, Selectperson Bingham-yes, Selectperson Chaffee-yes, Chair Whitney-yes. The Board vote was 5-Yes, 0-No. Respectfully submitted by Erika Mawn, Executive Assistant Approved: __________________ Signed: _________________________________________ Date Selectperson Hoffmann, Clerk of the Select Board Accompanying Documents in Packet: Agenda, TM Report, Consent Agenda, Change of Liquor License Classification application, Proposed Drummer Boy Park Advisory Committee Charge, Vision Planning Committee Charge, Brewster Community Pool Policy, Schools Operating Override Ballot questions, Spring 2023 Town meeting warrant draft articles, For Your Information B ARNSTABLE C OUNTY R ETIREMENT A SSOCIATION _____________________________________________________________________________________________________________________________________ 750 Attucks Lane, Hyannis, MA 02601 508-775-1110 Fax 508-775-1344 www.barnstablecountyretirement.org MEMORANDUM ***Correction*** TO: Select Board FROM: Barnstable County Retirement Association DATE: March 7, 2023 We would like to inform you that on November 16, 2022, the Governor approved Chapter 269 of the Acts of 2022 which allows for a 1 time adjust of the Cost-of-Living (COLA) for retirees from a maximum of 3% to 5% for only Fiscal Year 2023 (FY2023). Please note that the Barnstable County Retirement Association has established a maximum of $18,000.00 base for calculation of the COLA which would mean that if this is approved, the maximum increase to any retiree would be $30.00 per month. Attached to this memorandum is a copy of Chapter 269 of the Acts of 2022, PERAC Memo #29/2022, a letter showing the additional total cost to the system annual for FY2025 to FY2037, what the current appropriation cost, and a spreadsheet showing an estimated additional cost per unit for only FY2025 and FY2026. This is only an estimate, the percentage of the total appropriate per unit changes annually. Each unit percentage is based on the reported salary on September 30 as a percentage of the total reported by all units each year. Barnstable County Retirement Association retirees will only receive this increase if it is approved by of the Retirement Board, Barnstable County Commissioners, and two-thirds of the towns within our system. If you have any questions as you are reviewing this information, please feel free to contact Susy Holmes at 508-775-1110 or by email at sholmes@barnstablecountyretirement.org We respectfully request that the Board of Selectman review the attached information and let us know if we could be of any assistance in this matter. This matter is time sensitive as the legislation requires us to act on this by the end of this fiscal period (6/30/2023). We ask that you place it on your agenda as soon as you feel you can make an educated vote to either approve or deny this additional 2% Cost-of-Living Adjustment. Please notify this office of your decision by May 31, 2023 by any of the following: Regular mail to: Susy Holmes, Executive Director Barnstable County Retirement Association 750 Attucks Lane Hyannis, MA 02601 Fax: 508-775-1344 Email: sholmes@barnstablecountyretirement.org Thank you for your time and consideration in this matter. ***Correction was FY2024 to FY2023 3/2/23, 12:19 PM Session Law - Acts of 2022 Chapter 269 Acts (2022) Chapter 269 AN ACT RELATIVE TO COST -OF -LIVING ADJUSTMENTS FOR RETIREES Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide for increased cost -of -living adjustments for retirees, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. (a) (1) Notwithstanding section 103 of chapter 32 of the General Laws or any other general or special law to the contrary, the retirement board of any system that has accepted said section 103 may elect to establish a cost -of -living adjustment increase of not less than 3 per cent and not greater than 5 per cent on the base amount provided for in said section 103 for fiscal year 2023. (2) The sum of the dollar amount of the cost -of -living increase on the base amount, together with the amount of retirement allowance, pension or annuity to which the cost -of -living increase is applied, https://malegislature.gov/Laws/SessionLaws/Acts/2022/Chapter269 1/2 3/2/23, 12:19 PM Session Law - Acts of 2022 Chapter 269 shall become the fixed retirement allowance, pension or annuity for all future purposes, including the application of subsequent cost -of -living adjustments in future years. (b) A retirement board may grant a cost -of -living increase of not less than 3 per cent and not greater than 5 per cent on the base amount for fiscal year 2023 at any time during the fiscal year. (c) This section shall take effect for the members of a retirement system by a majority vote of the board of such system and upon local acceptance: (i) of the city council upon recommendation of the mayor in a city, (ii) of the city council upon recommendation of the city manager in a city having a Plan D or Plan E charter, (iii) of the chief executive officer, as defined in section 7 of chapter 4 of the General Laws, in a town, (iv) of the county commissioners in a county and (v) by vote of the governing board, commission or committee in a district or other political subdivision of the commonwealth. For any retirement system comprising more than 1 political subdivision of the commonwealth, this section shall be effective by a majority vote of the board of such system and upon the acceptance of two-thirds of cities and towns within the system by approval of: (i) the city council upon recommendation of the mayor in a city, (ii) the city council upon recommendation of the city manager in a city having a Plan D or Plan E charter, and (iii) the chief executive officer, as defined in section 7 of chapter 4 of the General Laws, in a town. SECTION 2. This act shall take effect on July 1, 2022. Approved, November 16, 2022. https://malegislature.gov/Laws/SessionLaws/Acts/2022/Chapter269 2/2 PERAC MEMO #29/2022 M E M O R A N D U M TO: All Retirement Boards FROM: John W. Parsons, Esq., Executive Director RE: 5% Local COLA option DATE: November 18, 2022 On November 16, 2022, the Governor signed Chapter 269 of the Acts of 2022 into law. This act provides the local retirement systems with a local option to increase the Cost of Living Adjustment (“COLA”) for Fiscal Year 2023 to up to 5 percent on the base amount specified pursuant to G.L. c. 32, § 103. The approval of the increase can occur at any time during the fiscal year and will take effect as of July 1, 2022. The local approval mechanism is different than traditional COLA increases and COLA base increases. In order for a system to adopt a COLA increase pursuant to this act, the retirement board must vote for the increased amount and then it must also receive local approval. For purposes of this act, local approval means: •In a city, the mayor must recommend the increase to the city council and the council must vote in favor. •In a city having a Plan D or Plan E charter, the city manager must recommend the increase to the city council and the council must vote in favor. •In a town, the chief executive officer1 - the select board in nearly all cases - must vote in favor to accept the increase rather than the town meeting as is the case for COLA base increases. •In a district, or other political subdivision, the governing board, commission or committee must vote in favor to accept the COLA increase. 1 As defined in G.L. c. 4, § 7, ''chief executive officer'', when used in connection with the operation of municipal governments shall include the mayor in a city and the select board in a town unless some other municipal office is designated to be the chief executive officer under the provisions of a local charter. PERAC Auditor SUZANNE M. BUMP | KATHLEEN M. FALLON | KATE FITZPATRICK | JAMES J. GUIDO | RICHARD MACKINNON, JR. | JENNIFER F. SULLIVAN, ESQ. JOHN W. PARSONS, ESQ., Executive Director FIVE MIDDLESEX AVENUE, SUITE 304 | SOMERVILLE, MA 02145 PH 617 666 4446 | FAX 617 628 400 2 | TTY 617 591 8917 | WWW.MASS.GOV/PERAC COMMONWEALTH OF MASSACHUSETTS | PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION PHILIP Y. BROWN, ESQ., Chair M E M O R A N D U M - Page Two TO: All Retirement Boards FROM: John W. Parsons, Esq., Executive Director RE: 5% Local COLA option DATE: November 18, 2022 •In a regional system, two-thirds of the cities and towns within the system must approve the increase. This is done in the same fashion as stated above for municipalities: in a city, by the city council upon recommendation by the mayor or, in a city with a Plan D or Plan E charter, the city manager; or, in a town, by approval of the chief executive officer (likely the select board) as defined by G.L. c. 4, § 7. •In a county, the county commissioners, who normally do not have a role in COLAs nor COLA base increases, must vote to accept and two-thirds of the cities and towns within the system must approve the increase in the same manner as stated above for regional systems. Though many local systems are comprised of multiple units such as housing authorities and districts, the two-thirds language only applies to regional and county systems as the approval specified in the statute only refers to cities and towns as voting political subdivisions. Section 2 of the act provides that a COLA increase pursuant to this act is retroactive to July 1, 2022. Any COLA increase, in addition to any COLA previously adopted for FY 23, will become part of the fixed amount of a retirees’ retirement allowance in the same manner as all COLAs granted pursuant to section 103. PERAC has already received questions about estimating the cost of the enhanced COLA. PERAC Actuary John Boorack has provided the following formula for a conservative full- cost estimate, not a one-year estimate, to assist boards in their planning: (0.2) x (COLA base) x (# of retirees/beneficiaries) If you have any questions about this memo, please contact PERAC’s General Counsel, Judith Corrigan, at (617) 591-8904 or at judith.a.corrigan@mass.gov. p:\admin\pera & perac memos\perac memo #29-2022.docx Section 2: Actuarial Valuation Results Funding schedule (1) Fiscal Year (2) Ended Employer June 30 Normal Cost 2023 $22,167,096 2024 22,970,379 2025 23,802,589 (3) Amortization of 2002 ERI $485,011 504,411 524,587 545,571 256,685 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 24,664,761 25,557,972 26,483,331 27,441 990 28,435,140 29,464,017 30, 529, 897 31,634,107 32,778,016 33, 963, 045 35,190, 665 36,462,400 37,779,825 39,144, 573 2040 40,558,336 2041 42,022,868 Notes: Actuarially Determined Contributions are assumed to be paid on July 1 and December 31. Actuarial Determined Contribution for fiscal year 2023 is set to the budgeted amount determined with the prior valuation. Item (2) reflects 3.25% growth in payroll as well as 0.15% adjustment to total normal cost to reflect the effects of mortality improvement due to generational mortality assumption. Projected normal cost does not reflect the impact of pension reform for new hires. The 2002 and 2003 ERI amortization payments are calculated to increase 4.0% per year. The payments on the Retired Sheriff Liability (item (7)) increase 4.22% per year. Projected unfunded actuarial accrued liability does not reflect deferred investment gains and losses. 590,090 613,693 638,241 663,770 690,321 717, 934 746,652 776,518 807,578 839,881 0 277,631 288,736 300,285 312,297 (4) (5) Amortization Amortization of 2003 ERI of 2019 ERI $228,192 $320,095 237,320 320,095 246,813 320,095 324,789 337,780 351,291 320,095 320,095 320,095 320,095 (6) Amortization of Remaining Unfunded Liability $53,720,572 57,379,868 320,095 320,095 320,095 365,343 320,095 379,957 395,155 0 320,095 61,270,832 (7) Plan Cost Without Retired Sheriff Liability (2)+(3)+(4)+ (5)+(6) 81,412,073 86,164,916 65,407,618 91,194,730 74,479,536 79,447,413 84, 726, 703 90,336,322 96,296,319 102,150,683 108,111, 927 114,420,464 121,096, 501 128,161,421 102, 627, 934 135 109, 353, 674 116,497,388 124, 084,344 0 38,812,120 0 0 637,850 (8) Amortization of Retired Sheriff Liability $1,878,012 1,957,246 (10) Total (9) Unfunded (11) Actuarially Actuarial Percent Determined Accrued Increase in Contribution Liability at Actuarially (ADC): Beginning of Determined (7)+(8) Fiscal Year Contribution $78,798,978 KK $780,819,667 83, 369, 319 775,158, 220 5.80% 2,039,824 2,125,885 2,215,578 2,309,054 88, 204, 740 93,320,615 98, 733, 211 104,459,737 765,145, 764 750,233, 809 729, 820, 943 703,248,288 5.80% 2,406,475 110,518,402 669,794,576 5.80% 628,670,840 5.80% 2,508,005 116, 928, 469 2,613,819 123,710,320 579,014,674 2,724,098 130, 885, 519 2,839,029 138,476, 879 143,549,728 2,958,810 151,922,389_ 160,782,639 76,509,556 3,083,644 146, 508, 538 155, 006, 033 163, 996, 383 519, 884, 039 450,250,565 368, 992, 337 274, 886, 089 5.80% 5.80% 5.80% 5.80% 5.80% 3,213,744 3,349,334 0 0 79,858,890 37,779,825 166,598,798 42,678,601 5.80% -51.30% 0 -52.69% 0 3.61% 0 0 40,558,336 42,022,868 3.61% 3.61% #9523733v8104446.035 Barnstable County Retirement Association Segal 23 Estimated cost increase for FY2025 and FY2026 only based on FY2024 percentage Additional annual cost will be added for FY2025 to FY2037 to current appropriation schedule ###UNIT estimate sheriff estimate sheriff for FY2025 for FY2026 001 BARNSTABLE COUNTY 4.21% $ 45,451.24 27,114.00$ 48,087.42$ 28,258.00$ 002 COUNTY HOSPITAL 0.00% $ - -$ 003 BARNSTABLE 15.58% $ 168,201.99 177,957.72$ 004 BARNSTABLE FIRE 0.71% $ 7,665.17 8,109.75$ 005 BARN HSG AUTH 0.33% $ 3,562.69 3,769.32$ 006 BOURNE 5.66% $ 61,105.47 64,649.60$ 039 BOURNE HSE AUTH 0.07% $ 755.72 799.55$ 007 BOURNE REC AUTH 0.21% $ 2,267.16 2,398.66$ 008 BOURNE WATER DIST 0.20% $ 2,159.20 2,284.44$ 009 BREWSTER 4.03% $ 43,507.96 46,031.43$ 041 BREWSTER HSE AUTH 0.02% $ 215.92 228.44$ 010 BUZZARDS BAY WATER 0.13% $ 1,403.48 1,484.88$ 011 CC MOSQ CONTROL 0.51% $ 5,505.97 5,825.32$ 012 CC REG TECH 0.68% $ 7,341.29 7,767.09$ 013 COMM FIRE DIST 2.32% $ 25,046.77 26,499.48$ 014 CHATHAM 3.28% $ 35,410.95 37,464.78$ 040 CHATHAM HSE 0.06% $ 647.76 685.33$ 015 COTUIT FIRE 0.56% $ 6,045.77 6,396.43$ 016 DENNIS 5.10% $ 55,059.70 58,253.17$ 017 DENNIS HSE AUTH 0.12% $ 1,295.52 1,370.66$ 018 DENNIS WATER DIST 0.41% $ 4,426.37 4,683.10$ 019 D/Y REG SCH DIST 2.08% $ 22,455.72 23,758.16$ 020 EASTHAM 2.78% $ 30,012.94 31,753.69$ 021 HARWICH 4.39% $ 47,394.53 50,143.41$ 022 HYANNIS FIRE DIST 2.03% $ 21,915.92 23,187.05$ 023 MASHPEE 5.10% $ 55,059.70 58,253.17$ 044 MASHPEE HSE AUTH 0.10% $ 1,079.60 1,142.22$ 043 MASHPEE WATER 0.25% $ 2,699.01 2,855.55$ 024 T/NANTUCKET 10.52% $ 113,574.13 120,161.44$ 046 NANTUCKET HSE 0.02% $ 215.92 228.44$ 025 C/NANTUCKET 0.39% $ 4,210.45 4,454.65$ 049 NANTUCKET REG TRANS 0.05% $ 539.80 571.11$ 026 NAUSET REG SCH DIST 1.20% $ 12,955.22 13,706.63$ 027 N SAGAMORE WTR 0.07% $ 755.72 799.55$ 028 ORLEANS 3.25% $ 35,087.07 37,122.12$ 037 ORLEANS HSG 0.08% $ 863.68 913.78$ 042 GROUND WATER 0.00% $ - -$ 029 PROVINCETOWN 3.12% $ 33,683.58 35,637.23$ 030 SANDWICH 6.39% $ 68,986.57 72,987.79$ 047 SANDWICH HSE 0.09% $ 971.64 1,028.00$ 031 SANDWICH WATER 0.31% $ 3,346.77 3,540.88$ 032 TRURO 1.93% $ 20,836.32 22,044.83$ 033 VETERANS DIST 0.12% $ 1,295.52 1,370.66$ 034 WELLFLEET 2.19% $ 23,643.28 25,014.60$ 035 YARMOUTH 6.76% $ 72,981.10 77,214.00$ 036 YARMOUTH HSE AUTH 0.06% $ 647.76 685.33$ 038 W BARNSTABLE FIRE 0.22% $ 2,375.12 2,512.88$ 050 CAPE COD REG TRANS 0.26% $ 2,806.97 2,969.77$ 051 MONOMOY REG SCH DIST 1.57% $ 16,949.75 17,932.84$ 052 PROVINCETOWN HSE AUTH 0.00% $ - -$ 053 CAPE LIGHT COMPACT 0.48% $ 5,182.09 5,482.65$ TOTALS:100.00% $ 1,079,602.00 27,114.00$ 1,142,219.00$ 28,258.00$ Page 1 of 2 TOWN OF BREWSTER ANNUAL TOWN ELECTION WARRANT May 16th, 2023 Barnstable, ss. To: Roland W. Bassett, Jr. Constable of the Town of Brewster Greetings: In the name of the Commonwealth of Massachusetts you are hereby directed to notify and inform the inhabitants of Brewster who are qualified to vote in town affairs to meet at the Brewster Baptist Church, 1848 Main Street, in said Brewster on TUESDAY, the SIXTEENTH OF MAY, 2023, from 7:00am until 8:00pm then and there to elect the following officers: One…. Board of Selectmen Member…………………...... For Three Years Two….Board of Health Members…………………………. For Three Years Two….Brewster School Committee Members………... For Three Years One…. Moderator……………………………………………… For Three Years One…. Constable………………………………………………. For Three Years Two….Recreation Commission Members……………... For Three Years One…. Planning Board Member……………………………. For Three Years One…. Nauset Reg’l School District Committee Member. For Three Years Two….Old Kings Hwy Reg’l Historic District Members For Five Years QUESTION 1 Shall the Town of Brewster be allowed to assess an additional $316,878 in real estate and personal property taxes for the purposes of funding the Town’s Elementary School budget for the fiscal year beginning July 1st, 2023? Yes________ No________ QUESTION 2 Shall the Town of Brewster be allowed to assess an additional $647,720 in real estate and personal property taxes for the purposes of funding the Town’s Nauset Regional School District assessment for the fiscal year beginning July 1st, 2023? Yes________ No________ And you are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time and place of said voting as aforesaid. Given under our hands and seal of the Town of Brewster hereto affixed this, ____ day of April, 2023. __________________________________________ ______________________________________ David C. Whitney, Chair Edward B. Chatelain, Vice-Chair __________________________________________ ______________________________________ Kari Sue Hoffmann, Clerk Mary W. Chaffee __________________________________________ Cynthia A. Bingham Page 2 of 2 TOWN OF BREWSTER ANNUAL TOWN ELECTION WARRANT May 16th, 2023 I, Roland W. Bassett, Jr., duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Annual Town Election of May 16th, 2023, by posting attested copies thereof, in the following locations in the Town of Brewster on the ____, day of April, 2023, in accordance with the Town Charter: Brewster Town Offices The Brewster Store Brewster Ladies Library Brewster Pizza House Café Alfresco Millstone Liquors U.S. Post Office _________________________________ Roland W. Bassett, Jr, Constable 1 PRESERVATION RESTRICTION AGREEMENT between the TOWN OF BREWSTER by and through its SELECT BOARD and THE BREWSTER HISTORICAL SOCIETY, INC. This Preservation Restriction Agreement (“Agreement” or “Restriction”) made this _______ day of ___________, 2023, between The Brewster Historical Society, Inc., 739 Lower Road, P.O. Box 1146, Brewster, MA 02631 (hereinafter referred to as the “Grantor”) and the Town of Brewster (hereinafter referred to as the “Grantee” or “Town”), a municipal corporation acting by and through its duly authorized Select Board (hereinafter referred to as the “Select Board”), having its place of business at Brewster Town Hall, 2198 Main St, Brewster, MA 02631. WITNESSETH WHEREAS, the Grantor is the owner in fee simple of certain real property with improvements thereon known as the Captain Elijah Cobb House, 739 Lower Road, Brewster, Barnstable County, Massachusetts, (hereinafter referred to as the “Property”), as more fully described in Grantor’s deed dated January 13, 2015, and recorded with the Barnstable County Registry of Deeds in Book 28684, Page 227, and in Exhibit A, attached hereto and incorporated herein, and as depicted and described as Lot 1 on a plan titled “Plan of Division of Land in Brewster, Mass. as surveyed and prepared for Katherine Gibbs Lafleur”, Scale: 1 IN = 100 FT, dated March 4, 1981, prepared by Schofield Brothers, Inc., recorded with the Barnstable County Registry of Deeds in Plan Book 352, Page 89, a copy of which is attached hereto and incorporated herein as Exhibit B; said Property consisting of a lot of 1.458 acres identified in Town of Brewster assessor’s records as Parcel 57-4-0, as shown on a Town of Brewster GIS Map attached hereto and incorporated herein as Exhibit C; said Property including a two-story, wood-frame house, known as the Captain Elijah Cobb House, dating to ca. 1799 (hereinafter the “Building”) and a large, one- story outbuilding (hereinafter the “Outbuilding”); WHEREAS, the Building has been determined to represent an architectural resource of considerable importance to the Town, being an important example of transitional Georgian to Federal-style domestic architecture, featuring notable exterior and interior details; WHEREAS, the Building and Property are located within the Old King’s Highway Regional Historic District established by Special Act of the Massachusetts General Court and adopted by the Town of Brewster on May 1, 1973, were listed in the National Register of Historic Places as contributing to the Brewster Old King’s Highway Historic District on February 23, 1996, and as a result of the foregoing are listed in the State Register of Historic Places. The Building and Property are historically significant for their architecture, associations, and/or archaeology, and qualify for the protections of perpetual preservation restrictions under Massachusetts General Laws, Chapter 184, sections 31, 32 and 33 (hereinafter referred to as the “Act”); WHEREAS, the preservation values of the Building and the Property are documented as Exhibits A, B, C, D, E, F, G and H (hereinafter together the “Baseline Documentation”), which Exhibits are attached hereto and incorporated herein by reference, which, the parties agree, provides an accurate description of the Property, Building and Outbuilding as of the date of this Restriction Agreement. The Baseline Documentation shall be used for purposes of reference in design and construction and for assistance in review. The Baseline Documentation consists of the following: 1. Legal Property Description (Exhibit A) 2. Recorded 1981 Plan of Division of Land (Exhibit B) 3. Town of Brewster GIS Parcel Map (Exhibit C) 2 4. Architectural Description (Exhibit D) 5. History of the Elijah Cobb House (Exhibit E) 6. Fifty-four (54) Photographs of the Building and Property taken May 2015 (Exhibit F) 7. Six (6) Historic Photographs of the Building and Property (Exhibit G) 8. Cobb House Floor Plans (Exhibit H) WHEREAS, the Grantor wishes to impose certain restrictions, obligations and duties upon it as the owner of the Property and on its heirs, successors and assigns, to its right, title and interest therein, with respect to maintenance, protection, and preservation of the Property in order to protect the architectural, archaeological and historical heritage of the Property, including but not limited to the obligation to preserve the Property, Building and Outbuilding in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR 67 and 68), as these may be amended from time to time (hereinafter the “Secretary’s Standards”), and in accordance with the “Restriction Guidelines and Procedures for Maintenance and Improvements” (hereinafter the “Guidelines”) attached hereto and incorporated herein as Exhibit I; WHEREAS said restrictions, obligations and duties shall serve the public interest in a manner consistent with the purposes of the Act; WHEREAS, the Town is a government body organized under the laws of the Commonwealth of Massachusetts, and its Select Board is authorized to accept preservation restrictions under the Act and pursuant to the Votes on Article 10 of the Special Town Meeting held on May 5, 2014, Article 7 of the Special Town Meeting held on May 4, 2015, and Article 9 of the May 7, 2018 Annual Town Meeting, copies of which are attached hereto as Exhibit J; and NOW, THEREFORE, in consideration of Five Hundred and Sixty Thousand, One Hundred and Six and 32/100 ($560,106.32) Dollars paid by the Town of Brewster from Community Preservation Act funds, Grantor does hereby irrevocably grant and convey unto the Town this Restriction, which shall apply in perpetuity to the Property, Building and Outbuilding (hereinafter collectively referred to as, “the Property”). 1. PURPOSE It is the purpose of this Restriction to protect the public investment in the purchase and restoration/rehabilitation of the historically, architecturally, and culturally significant Building and Outbuilding by ensuring that exterior and certain interior features of the Building and Outbuilding will be retained and maintained forever substantially in their original or restored and rehabilitated condition, and to prevent any use or change to the Property, the exterior and certain interior features of the Building and Outbuilding that will significantly interfere with the Property’s preservation values, which include but are not limited to the artifacts, features, materials, appearance and workmanship of the Property, including those characteristics and values which originally qualified the Property for listing in the National Register of Historic Places. 2. GRANTOR’S COVENANTS 2.1 Grant of Covenant: For and in consideration of the mutual agreements and promises herein and for other good and valuable consideration paid, the receipt and sufficiency of which are hereby acknowledged, and pursuant to the Act, Grantor does hereby voluntarily grant and convey unto the Town of Brewster this historic preservation restriction (the “Restriction”) in perpetuity, over the Property. 3 2.2 Covenant to Maintain: Grantor agrees at all times to maintain the Building and Outbuilding in sound structural condition and good state of repair, including the exteriors, all interior structural elements, and the following interior spaces as shown on Exhibit H (Southwest Parlor, Southeast Parlor, Lower Hall, Stair, Upper Hall, Southwest Bedroom, Southeast Bedroom, and Kitchen Fireplace), in accordance with the Secretary’s Standards and in accordance with the Guidelines. The Grantor also agrees to maintain the Property’s landscaping in good appearance and in accordance with the Guidelines. The Grantor agrees to assume the cost of continued maintenance, repair and administration of the Property so as to preserve the characteristics that contribute to the architectural, archaeological and historical integrity of the Property in a manner satisfactory to the Select Board according to the Secretary’s Standards. The Grantor may seek financial assistance from any source available to them. The Select Board does not assume any obligation for maintaining, repairing or administering the Property. Subject to the casualty provisions of Paragraphs 7 and 8 hereof, the Grantor’s obligation to maintain the Property shall require replacement, rebuilding, repair and reconstruction of the exterior of the Property, including interior structural elements, and the following interior spaces as shown on Exhibit H (Southwest Parlor, Southeast Parlor, Lower Hall, Stair, Upper Hall, Southwest Bedroom, Southeast Bedroom, and Kitchen Fireplace), whenever necessary in accordance with the Secretary’s Standards and in accordance with the Guidelines. 2.3 Prohibited Activities: The following acts or uses are expressly forbidden on, over, or under the Property, except as otherwise permitted in this Paragraph: a. No alteration, repair, maintenance or construction of the Property is permitted except in accordance with the Secretary’s Standards and the Guidelines; b. The Property shall not be demolished, removed or razed except in accordance with Paragraphs 7 and 8. c. Nothing shall be erected or allowed to grow on the Property that would impair the visibility of the Building from Lower Road (hereinafter the “Street”). d. No other buildings or structures shall be erected or placed on the Property hereafter except for temporary structures required for the maintenance or repair of the Property, such as construction trailers, and as may be permitted under the Guidelines. e. The dumping of ashes, trash, rubbish or any other unsightly or offensive material is prohibited. f. No above-ground utility transmission lines, except those reasonably necessary for service to the existing Property may be installed on the Property, with the exception of those utility lines installed in accordance with easements recorded prior to the date hereof. g. The Property shall not be subdivided, converted into a condominium or cooperative, or otherwise divided or conveyed and must remain under single ownership (nothing herein shall be construed to prohibit more than one person or entity owning the entire Property). 3. GRANTOR’S CONDITIONAL RIGHTS 3.1 Conditional Rights Requiring Prior Approval by Grantee: Without the prior express written approval of the Select Board, which approval may be reasonably withheld or conditioned in the discretion of the Select Board, the Grantor shall not undertake any of the following actions: a. Increase or decrease the height of, make additions to, change the exterior construction materials or colors, or move, improve, alter, reconstruct or change the facades (including 4 fenestration) and roofs of the Building. With regard to house color, the goal of the Select Board is to insure that an historically appropriate color is used. b. Make permanent substantial topographical changes, such as, for example, excavation for the construction of roads and recreational facilities. c. Change the use of the Property to a use other than those allowed under existing planning and zoning regulations applicable to the Property and only in accordance with all state, local and federally required approvals and/or permits. d. Restore, replace, or alter in any way (including color change) the appearance, materials, workmanship or structural stability of any interior structural elements, or of the following interior spaces and their features as shown on Exhibit H (Southwest Parlor, Southeast Parlor, Lower Hall, Stair, Upper Hall, Southwest Bedroom, Southeast Bedroom, and Kitchen Fireplace) in accordance with the Secretary’s Standards and in accordance with the Guidelines. 3.2 Review of Grantor’s Requests for Approval. Whenever approval of the Town is required under this Restriction, Grantor shall request specific approval by the Select Board not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. A request by the Grantor for such approval shall be sufficiently detailed that it may form the basis for the Select Board to approve or disapprove the request and to make an informed judgment as to its consistency with the Purpose of the Restriction. Grantor shall submit to the Select Board for its approval two (2) copies of information (including plans, specifications and designs where appropriate) describing the nature, scope, design, location, timetable and any other material aspect of the proposed activity. Within sixty (60) days of receipt of Grantor’s request for said approval, the Select Board shall, in writing, grant or withhold its approval, or request additional information relevant to the request and necessary to provide a basis for its decision. However, should the Select Board determine that additional time is necessary in order to make its decision, the Select Board shall notify the Grantor. The Select Board’s approval may, in the Select Board’s discretion, be granted upon a reasonable showing that the proposed activity shall not materially impair the Purpose of this Restriction. 4. STANDARDS FOR REVIEW Grantee shall apply the Secretary's Standards as well as the Guidelines in exercising any authority created by this Restriction to inspect the Property; to review any construction, alteration, repair or maintenance; to review casualty damage or to reconstruct or approve reconstruction of the Property following casualty damage. 5. PUBLIC ACCESS Grantor shall not be required to provide public access to the Property other than that specified in Paragraph 14. 6. GRANTOR'S RESERVED RIGHTS Grantor’s Reserved Rights Not Requiring Further Approval by Grantee. Subject to the provisions of Paragraphs 2.3, and 3.1, the following rights, uses, and activities of or by Grantor on, over, or under the Property are permitted by this Restriction without further approval by the Select Board: a. the right to engage in all those acts and uses that: (i) are permitted by governmental statute or regulation; (ii) do not substantially impair the conservation and preservation values of the Property; and (iii) are not inconsistent with the Purpose of this Restriction; b. pursuant to the provisions of Paragraph 2.2, the right to maintain and repair the Property strictly according to the Secretary's Standards and the Guidelines. As used in this subparagraph, the right to maintain and repair shall mean the use by Grantor of in-kind materials and colors, applied with workmanship comparable to that which was used in the 5 construction or application of those materials being repaired or maintained, for the purpose of retaining in good condition the appearance and construction of the Property. The right to maintain and repair as used in this subparagraph shall not include the right to make changes in appearance, materials, colors, and workmanship from that existing prior to the maintenance and repair without the prior approval of the Select Board in accordance with the provisions of Paragraphs 3.1 and 3.2; c. the right to continue all manner of existing residential use, or to pursue other allowable uses allowed under current applicable zoning regulations, and enjoyment of the Property and gardens, including but not limited to the right to maintain existing driveways; the right to maintain existing utility lines; the right to cut, remove, and clear grass or other vegetation and to perform routine maintenance, landscaping, horticultural activities, and upkeep, consistent with the Purpose of this Restriction and with the Secretary’s Standards and the Guidelines. 7. CASUALTY DAMAGE OR DESTRUCTION; INSURANCE In the event that the Property or any part thereof shall be damaged or destroyed by fire, flood, windstorm, hurricane, earth movement or other casualty, Grantor shall notify the Select Board in writing within fourteen (14) days of the damage or destruction, such notification including what, if any, emergency work has already been completed. No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the Property and to protect public safety, shall be undertaken by Grantor without the Select Board’s prior written approval of the work. Within thirty (30) days of the date of damage or destruction, if required by the Select Board, Grantor at its expense shall submit to the Select Board a written report prepared by a qualified restoration architect and an engineer who are acceptable to the Select Board, which report shall include the following: a. an assessment of the nature and extent of the damage; b. a determination of the feasibility of the restoration of the Property and/or reconstruction of damaged or destroyed portions of the Property; and c. a report of such restoration/reconstruction work necessary to return the Property to the condition existing at the date hereof. 8. REVIEW AFTER CASUALTY DAMAGE OR DESTRUCTION If, after reviewing the report provided in accordance with Paragraph 7 and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under Paragraph 9, Grantor and the Select Board agree that the Purpose of the Restriction will be served by such restoration/reconstruction, Grantor and the Select Board shall establish a schedule under which Grantor shall complete the restoration/reconstruction of the Property in accordance with the plans and specifications consented to by the parties up to at least the total of the casualty insurance proceeds available to Grantor. If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any mortgagee's/lender's claims under Paragraph 9, Grantor and the Select Board agree that restoration/reconstruction of the residence at the Property is impractical or impossible, or agree that the Purpose of the Restriction would not be served by such restoration/reconstruction, Grantor may, with the prior written consent of the Select Board, alter, demolish, remove or raze the residence, and/or construct new improvements on the Property. Grantor and the Select Board may agree to seek to extinguish this Restriction in accordance with the laws of the Commonwealth of Massachusetts and Paragraph 23.2 hereof. If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any mortgagee's lender's claims under Paragraph 9, Grantor and the Select Board are unable to agree that the 6 Purpose of the Restriction will or will not be served by such restoration/reconstruction, the matter may be referred by either party to mediation in accordance with the provisions of Paragraph 27 hereof. 9. INSURANCE Grantor shall keep the Property insured by an insurance company rated "A" or better by Best's for the full replacement value against loss from the perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury, death and property damage. Property damage insurance shall include change in condition and building ordinance coverage, in form and amount sufficient to replace fully the damaged Property and the residence located thereon without cost or expense to Grantor or contribution or coinsurance from Grantor. Such insurance shall include the Town's interest and name the Town of Brewster as an additional insured. Grantor shall deliver to the Select Board, within ten (10) business days of the Select Board’s written request therefore, certificates of such insurance coverage. Provided, however, that whenever the Property is encumbered with a mortgage nothing contained in this Paragraph shall jeopardize the prior claim, if any, of the mortgagee/lender to the insurance proceeds. 10. INDEMNIFICATION Grantor hereby agrees to pay, protect, indemnify, hold harmless and defend at its own cost and expense, the Town, the Select Board, their agents, representatives, employees, and independent contractors from and against any and all claims, liabilities, expenses, costs, damages, losses and expenditures (including reasonable attorneys' fees and disbursements hereafter incurred) arising out of or in connection with injury to or death of any person; physical damage to the Property; the presence or release in, on, or about the Property, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any law, ordinance or regulation as a hazardous, toxic, polluting or contaminating substance; or other injury or other damage occurring on or about the Property, unless such injury or damage is caused by the reckless conduct of the Select Board or the Town or any agent, trustee, employee or contractor of the Select Board or the Town. In the event that Grantor is required to indemnify the Town pursuant to the terms of this Paragraph, the amount of such indemnity, until discharged, shall constitute a lien on the Property with the same effect and priority as a mechanic's lien. Provided, however, that nothing contained herein shall jeopardize the priority of any recorded lien of mortgage given in connection with a promissory note secured by the Property. 11. TAXES Grantor shall pay, when due, all general taxes, special taxes, special assessments, water charges, sewer service charges, and other charges which may become a lien on the Property. 12. ADMINISTRATION AND ENFORCEMENT; NOTICE Any notice which either Grantor or the Select Board may desire or be required to give to the other party shall be in writing and shall be mailed postage prepaid by overnight courier, registered or certified mail with return receipt requested, or hand delivered, at the address specified for each party below: Select Board of the Town of Brewster Brewster Town Offices 2198 Main Street Brewster MA 02631 Brewster Historical Society, Inc. 739 Lower Road PO Box 1146 Brewster MA 02631 7 Each party may change its address set forth herein by a notice to such effect to the other party. 13. EVIDENCE OF COMPLIANCE Upon request by Grantor, the Select Board shall promptly furnish Grantor with certification that, to the best of the Select Board's knowledge, Grantor is in compliance with the obligations of Grantor contained herein, or that otherwise evidences the status of this Restriction to the extent of the Select Board's knowledge thereof. 14. INSPECTION With the prior consent of the Grantor, representatives of the Select Board shall be permitted at all reasonable times to inspect the exterior of the Property and the Building, including interior spaces subject to this Restriction, to determine whether the Grantor is in compliance with the terms of this Agreement. Grantor covenants not to withhold unreasonably their consent in determining dates and times for such inspection. 15. GRANTEE’S REMEDIES The Town may institute suit(s) to enjoin any violation of the terms of this Restriction by ex parte, temporary, preliminary and/or permanent injunction, including prohibitory and/or mandatory injunctive relief, and to require the restoration of the Property to the condition and appearance required under this Restriction. The Town shall also have available all legal and other equitable remedies to enforce Grantor’s obligations hereunder. In the event Grantor is found to have violated any of its obligations, Grantor shall reimburse Grantee for any costs or expenses incurred in connection with the Town's enforcement of the terms of this Restriction, including all reasonable court costs, and attorney, architectural, engineering and expert witness fees. Exercise by the Town of one remedy hereunder shall not have the effect of waiving or limiting any other remedy, and the failure to exercise any remedy shall not have the effect of waiving or limiting the use of any other remedy or the use of such remedy at any other time. 16. NOTICE FROM GOVERNMENT AUTHORITIES Grantor shall deliver to the Select Board copies of any notice of violation or lien relating to the Property received by Grantor from any government authority within five (5) days of receipt by Grantor. Upon request by the Select Board, Grantor shall promptly furnish the Select Board with evidence of Grantor’s compliance with such notice or lien where compliance is required by law. 17. NOTICE OF PROPOSED SALE/LEASE Grantor shall promptly notify the Select Board in writing of any proposed sale or rental of a portion of the Property and provide the opportunity for the Select Board to explain the terms of the Restriction to potential new owners/tenants prior to the closing of the sale/commencement of the lease. 18. LIENS Any lien on the Property created pursuant to any Paragraph of this Restriction may be confirmed by judgment and foreclosed by the Town, as permitted by law, in the same manner as a mechanic's lien. Provided, however, that no lien created pursuant to this Restriction shall jeopardize the priority of any recorded lien of mortgage given in connection with a promissory note secured by the Property. 19. PLAQUE Grantor agrees that the Select Board may provide and maintain a plaque on the Property, which plaque shall be in accordance with the Brewster Sign Bylaw, giving notice of the significance of the Property and the existence of this Restriction. 8 20. BINDING EFFECT; ASSIGNMENT Run with the Land. Except as provided in Paragraphs 8 and 23.2, the obligations imposed by this Restriction shall be effective in perpetuity and shall be deemed to run as a binding servitude with the Property. This Restriction shall extend to and be binding upon Grantor and the Town/Grantee, their respective heirs, successors and assignees, and all persons hereafter claiming under or through Grantor and the Town/Grantee, and the words "Grantor" and "Town/Grantee" when used herein shall include all such persons. Any right, title or interest herein granted to the Town through its agent the Select Board also shall be deemed granted to each successor and assign of the Select Board and each such following successor and assign thereof, and the word "Select Board" shall include all such successors and assigns. Anything contained herein to the contrary notwithstanding, an owner of the Property shall have no obligation pursuant to this instrument where such owner shall cease to have any ownership interest in the Property by reason of a bona fide transfer, except as to any matter resulting from acts or omissions preceding transfer of the Property to such third party. The restrictions, stipulations and covenants contained in this Restriction shall be inserted by Grantor, verbatim or by express reference, in any subsequent deed or other legal instrument, including, but not limited to a lease, by which Grantor divests itself of either the fee simple title to or any lesser estate in the Property or any part thereof, including by way of example and not limitation, a lease of all or a portion of the Property. 21. ASSIGNMENT The Select Board may, with the approval of Town Meeting, convey, assign or transfer this Restriction to a unit of federal, state or local government or to a similar local, state or national organization that is a charitable corporation or trust qualified under the Act, whose purposes include preservation of buildings and/or sites of historical significance, provided that any such conveyance, assignment or transfer requires that the Purpose for which the Restriction was granted will continue to be carried out. 22. RECORDING AND EFFECTIVE DATE The Select Board shall do and perform at its own cost all acts necessary to the prompt recording of this instrument with Barnstable County Registry of Deeds. Grantor and the Town intend that this Restriction shall take effect upon the day and year this instrument is recorded with said Deeds. 23. PERCENTAGE INTERESTS; EXTINGUISHMENT 23.1 Percentage Interests. For purposes of allocating proceeds pursuant to Paragraphs 23.2 and 23.3, Grantor and the Town stipulate that as of the signed date of this Restriction, Grantor and the Town are each vested with real property interests in the Property and that such interests have a stipulated percentage interest in the fair market value of the Property, said percentage interest being 58% to the Grantor and 42% to the Town (based on the following figures utilized in the calculation: acquisition cost of $620,000; rehabilitation budget of $443,800 (Building) + $256,667 (Outbuilding); total of $1,320,467; and Town contribution of $560,106.32). The parties shall include these percentage interests with the Baseline Documentation (on file with Grantor and the Town). In the event future capital improvements are made to the Property by the Grantor without Town contribution, and/or the Grantor has repaid all or a portion of the mortgage held by the Town, acting through its Community Preservation Committee (“CPC”) (which mortgage is recorded with the Barnstable County Registry of Deeds in Book 29335, Page 314, and which secured the Grantees’ obligation under its Grant Agreement with the CPC to repay the grant funding should the Grantee ever sell or transfer the Property to any entity except a nonprofit entity previously approved by the CPC, in writing), the parties shall amend such percentage interests to reflect the Grantor’s attendant increase in value of its property interests. 23.2 Extinguishment. Grantor and the Town hereby recognize that an unexpected change in the conditions surrounding the Property may make impossible the continued ownership or use of the Property for the Purpose of this Restriction and necessitate extinguishment of the Restriction. Such a change in 9 conditions may include, but is not limited to, partial or total destruction of the Property resulting from casualty. Such an extinguishment must meet all the requirements of the Act for extinguishment, including approval following public hearings by the Select Board and the Massachusetts Historical Commission to determine such extinguishment is in the public interest, must be the result of a judicial proceeding and shall entitle the Town to share in any net proceeds resulting from the extinguishment in an amount that reflects its percentage interest in the fair market value of the Property, as such interest is determined under the provisions of Paragraph 23.1, adjusted, if necessary, to reflect a partial termination or extinguishment of this Restriction. All such proceeds received by the Town shall be returned to the historic preservation funds of the town. Net proceeds shall include, without limitation, net insurance proceeds, and proceeds from the sale or exchange by Grantor of any portion of the Property after the extinguishment. In the event of extinguishment, the provisions of this Paragraph shall survive extinguishment and shall constitute a lien on the Property with the same effect and priority as a mechanic's lien. Provided, however, that nothing contained herein shall jeopardize the priority of any recorded lien of mortgage or deed of trust given in connection with a promissory note secured by the Property. 23.3 Condemnation. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, Grantor and the Town shall join in appropriate proceedings at the time of such taking to recover the full value of those interests in the Property that are subject to the taking and all incidental and direct damages resulting from the taking. All expenses reasonably incurred by Grantor and the Town in connection with such taking shall be paid out of the recovered proceeds. Grantor and the Town shall be respectively entitled to compensation from the balance of the recovered proceeds in conformity with the provisions of Paragraphs 23.1 and 23.2 unless otherwise provided by law. Provided, however, that if the Property is encumbered by a third-party mortgage at the time of such condemnation, Grantor and the Town shall be entitled to their respective percentage interests in any proceeds remaining after satisfaction of said mortgages. 24. INTERPRETATION Interpretation. The following provisions shall govern the effectiveness, interpretation, and duration of the Restriction: a. Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of Property shall not apply in the construction or interpretation of this Restriction and with respect to preservation of the Property thereunder, this instrument shall be interpreted broadly to affect its Purpose and the transfer of rights and the restrictions on use herein contained. b. This instrument is executed in two counterparts, one of which is to be retained by Grantor and the other, after recording, to be retained by the Select Board. In the event of any disparity between the counterparts produced, the counterpart retained by the Select Board shall in all cases govern. Except as provided in the preceding sentence, each counterpart shall constitute the agreement of the parties. c. This instrument is made pursuant to the Act, but the invalidity of such Act or any part thereof shall not affect the validity and enforceability of this Restriction according to its terms, it being the intent of the parties to agree and to bind themselves, their heirs, successors and their assigns in perpetuity to each term of this instrument whether this instrument be enforceable by reason of any statute, common law or private agreement either in existence now or at any time subsequent hereto. d. Nothing contained herein shall be interpreted to authorize or permit Grantor to violate any by-law or regulation relating to building materials, construction methods or use. In 10 the event of any conflict between any such by-law or regulation and the terms hereof, Grantor promptly shall notify the Select Board of such conflict and shall co-operate with the Select Board and the applicable governmental entity to accommodate the purposes of both this Restriction and such by-law or regulation. 25. AMENDMENT Amendment. If circumstances arise under which an amendment to or modification of this Restriction would be appropriate, Grantor and the Town may by mutual written agreement jointly amend this Restriction, provided that no amendment shall be made that will adversely affect the qualification of this Restriction or the rights of the Town under any applicable laws, including the Act and the laws of the Commonwealth of Massachusetts. Any such amendment shall be consistent with the protection of the preservation values of the Property and the Purpose of this Restriction; shall be approved as required under the Act; shall not affect its perpetual duration; shall not permit additional residential development on the Property; shall not permit any private inurement to any person or entity; and shall not adversely impact the overall architectural, historic, and archaeological values protected by this Agreement. Any such amendment shall be recorded with Barnstable County Registry of Deeds. Nothing in this Paragraph shall require Grantor or the Town to agree to any amendment or to consult or negotiate regarding any amendment. 26. ARCHAEOLOGICAL ACTIVITIES Archaeological Activities. The conduct of archaeological activities on the Property, including without limitation, survey, excavation and artifact retrieval, may occur only following the submission of an archaeological field investigation plan prepared by the Grantor and approved in writing by the State Archaeologist of the Massachusetts Historical Commission (M.G.L. Ch.9. Section 27C, 950 CMR 70.00). 27. DISPUTE RESOLUTION A dispute arising under or with respect to this Agreement between the Grantor and the Select Board shall in the first instance be the subject of informal negotiations. The dispute shall be considered to have arisen when one party sends the other party a written notice of dispute, (which notice shall be delivered by hand or by certified mail or registered mail, return receipt requested, postage prepaid). The period for informal negotiations shall be thirty (30) days from receipt of the written notice of dispute unless such time period is modified by written agreement of the Grantor and the Select Board. In the event that the parties cannot resolve a dispute by informal negotiations, the parties may mutually agree to submit the dispute to mediation. If the parties so mutually agree, within twenty (20) days following the expiration of the time period for informal negotiations, the parties shall propose and agree upon a neutral and otherwise qualified mediator with experience in historic preservation matters, to the extent possible. In the event that the parties fail to agree upon a mediator, they shall request that the American Arbitration Association, Boston, Massachusetts, appoint a mediator. The period for mediation shall commence upon the appointment of the mediator and shall not exceed sixty (60) days, unless such time period is modified by written agreement of the parties. The decision to continue mediation shall be in the sole discretion of each party involved in the dispute. The parties will bear their own costs of the mediation. The mediator’s fees shall be shared equally by both the Grantor and the Select Board. In the event that the parties cannot resolve a dispute by informal negotiations or mediation, they may pursue judicial relief in a court of competent jurisdiction. Notwithstanding the foregoing, injunctive relief from such court may be sought by the Select Board, in its sole discretion, without resorting to the dispute resolution process outlined above to prevent irreparable harm that would be caused by a breach of this Restriction. Nothing herein shall be construed to restrict or impair either party’s ability to exercise any remedies available to it at law or in equity, or in any way extend any cure periods set forth in this Restriction. 11 TO HAVE AND TO HOLD, the said Restriction, unto the said Town of Brewster and its successors and permitted assigns forever. This Restriction may be executed in several counterparts and by each party on a separate counterpart, each of which when so executed and delivered shall be an original, but all of which together shall constitute one instrument. IN WITNESS WHEREOF, Grantors and the Town of Brewster have set their hands under seal on the days and year set forth below. GRANTOR: The Brewster Historical Society, Inc. ____________________________________ Sally Gunning, President ____________________________________ Stephen B. Jones, Treasurer COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this _______ day of __________________, 2023, before me, the undersigned Notary Public, personally appeared Sally Gunning as aforesaid, who proved to me through satisfactory evidence of identification, which was _________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. ________________________________ Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this _______ day of __________________, 2023, before me, the undersigned Notary Public, personally appeared Stephen B. Jones as aforesaid, who proved to me through satisfactory evidence of identification, which was _________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. ________________________________ Notary Public My Commission Expires: 12 ACCEPTANCE OF PRESERVATION RESTRICTION The Town of Brewster, acting by and through its Select Board, pursuant to the vote under Article 10 of the Special Town Meeting held on May 5, 2014, Article 7 of the Special Town Meeting held on May 4, 2015, and Article 9 of the May 7, 2018 Annual Town Meeting (Exhibit D), hereby accepts the foregoing Preservation Restriction, pursuant to a vote of acceptance taken on _________, _____, 2023, a certified copy of which is attached hereto as Exhibit K. The Town of Brewster acting by and through its Select Board: David Whitney, Chair Ned Chatelain, Vice-Chair Kari Hoffmann, Clerk Mary Chaffee _______________________________________ Cynthia Binghan COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this _______ day of __________________, 2023, before me, the undersigned Notary Public, personally appeared David Whitney, Chair of the Brewster Select Board, as aforesaid, who proved to me through satisfactory evidence of identification, which was _________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose on behalf of the Select Board. ________________________________ Notary Public My Commission Expires: 13 APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION The undersigned Executive Director and Clerk of the Massachusetts Historical Commission, hereby certifies that the foregoing Preservation Restriction to the Town of Brewster, acting by and through its Select Board, has been approved by the Massachusetts Historical Commission in the public interest pursuant to G.L.c. 184, §32. MASSACHUSETTS HISTORICAL COMMISSION By: _________________________________ Brona Simon Executive Director and Clerk COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. On this _______ day of __________________, 2023, before me, the undersigned Notary Public, personally appeared Brona Simon, who proved to me through satisfactory evidence of identification, which was _________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose, as Executive Director and Clerk of the Massachusetts Historical Commission. ________________________________ Notary Public My Commission Expires: 14 Exhibit A Legal Property Description The land in Brewster, Barnstable County, Massachusetts, together with the buildings thereon, bounded and described as follows: SOUTHERLY by Lower Road, a Town Way, as shown on a plan hereinafter mentioned, by two different courses in an arc, a total distance of Two Hundred Sixty- Three and 12/100 (263.12) feet; WESTERLY by land now or formerly of the Estate of George Thornton, as shown on said plan, One Hundred Sixty and 00/100 (160.00) feet; NORTHERLY by Lot 2, as shown on said plan, Two Hundred Ninety-Five and 00/100 (295.00) feet; EASTERLY AND SOUTHEASTERLY AGAIN by Lot 2, as shown on said plan, by two different courses, a total distance of Three Hundred Twenty-Five and 22/100 (325.22) feet. Being Lot 1 as shown on a plan entitled “Plan of Division of Land in Brewster, Mass. as surveyed and prepared for Katherine Gibbs Lafleur, Scale: 1 IN = 100 FT, March 4, 1981 Schofield Brothers, Inc. Registered Professional Engineers & Land Surveyors, Route 6A – P.O. Box 101 – Orleans, Mass. 02653” which plan is recorded in Barnstable County Registry of Deeds in Plan Book 352, Page 89. Source: Barnstable County Registry of Deeds, Book 28684, Page 227. 15 Exhibit B 1981 Subdivision, Plan Book 352, Page 89 16 Exhibit C Town of Brewster GIS Map, Parcel 57-4-0 17 Exhibit D Architectural Description Exterior This parcel is located on the north side of Lower Road. The property originally stretched north to the bay (see Exhibit B) but is now on a 1.46 acre parcel surrounded by modern subdivisions. The Cobb House (hereinafter the “house” or “building”) is set back at a slight angle from the street on a slight rise (Exhibit F, Photo 1). The house is surrounded by lawn with mature trees, and there are no foundation plantings. A gravel driveway extends along the right (east) side of the property to a parking area and outbuilding behind the building. This former single-family residence consists of a five-bay, two-story building (Exhibit F, Photo 2) which can be classified as late-Georgian in style (meaning the influence of the subsequent Federal style can be seen in some exterior and interior elements). The building rests on a brick foundation which has been rebuilt with a concrete base on the right (east) half and is partially parged on the left (west) half. The building is clad in painted wood clapboard of varying reveal widths (presumably indicating different ages for the clapboards). Between the clapboards and the foundation is a skirtboard with an ogee profile which was partially replaced-in-kind in 2015. There are wood quoins on all four building corners (a Georgian- style detail), with exception that the quoin detail does not extend across the rear elevation of the NW and NE corners. Some quoins have gone through at least two periods of restoration and/or replacement, including in 2015. The hipped roof is clad in wood cedar shingles, replaced in 2015, and is surmounted by a modern version of a widow’s walk (early photographs indicate that there was a widow’s walk, possibly from the date of construction). Matching corbelled brick chimneys, which have been partially rebuilt at least twice, including 2015, rise from either side of the widow’s walk. Based on surviving historic photos, the chimneys were originally taller (Exhibit G, Photos 1 and 2). The roof has a molded box cornice with dentils (Exhibit F, Photo 3). Front (south) elevation The front elevation (Exhibit F, Photo 4) has a centered main entrance which consists of a wood 8- panelled door with feathered recessed panels with ovolo and fillet molding (Exhibit F, Photo 5). The door is flanked by tapered, fluted pilasters and surmounted by a semi-elliptical fanlight (the fanlight shows the influence of the emerging Adam or Federal style). Above the fanlight is an open-pedimented cornice with modillion blocks and dentils. Below the dentils are carved (possibly applied) ornamentation consisting of interlocking circles. This door is accessed by a small rebuilt brick stoop; the original stoop material and design is unknown. Sets of two windows are aligned vertically on the first and second story on each side of the entrance and a window on the second story is centered above the entrance. All of the windows have wood 6/6 double-hung sash with projecting surrounds that have ogee and fillet edge molding, and projecting sills (Exhibit F, Photo 6). The muntins on these and the rest of the historic windows are 5/8” to 3/4" wide with a quarter-round-and-fillet pattern – a popular Federal muntin profile that was a narrower version of a popular Georgian-style muntin. A broad open porch, either original to the house or added sometime in the 19th century (Exhibit G, Photo 1) was removed by the early 20th century as was a centered gable dormer on the front roof slope (Exhibit G, Photo 2). Side elevations Both the right (east) elevation (Exhibit F, Photo 7) and left (west) elevation (Exhibit F, Photo 8) have two widely-spaced 6/6 wood double-hung sash with projecting molded surrounds and projecting sills vertically aligned on each story similar in design to the front elevation windows. The left elevation also has a modern door opening onto the rear deck. 18 Rear (north) elevation On the rear elevation (Exhibit F, Photo 9), the second story has three widely-spaced 9/9 wood windows (Exhibit F, Photo 10). These windows have the same projecting frames and molding profile as the 6/6 windows on the front and side elevations. A rear ell had been added in the 19th century, or was perhaps original to the house, and a second connected addition and barn was located to the west of the main house (Exhibit G, Photo 3 and 4). In 1994, the ells/additions were removed and a rear porch and new openings were added. The only extant element on the first story that was in place ca. 1900 is an off-centered, 9/9 wood window that is narrower but similar to the second story windows (Exhibit F, Photo 11). To the left of this window is a smaller wood 6/6 window added sometime in the 20th century. To the right of the 9/9 window is a window and door system installed when the porch was added in 1994. The open porch extends across the east half of the rear elevation and wraps partially across the rear portion of the west elevation. As noted above, the quoining detail on the building corners is not carried across the rear corners on this elevation. The clapboards on this elevation display a variety of reveal widths which suggests clapboards of varying ages (Exhibit F, Photo 12). Interior The interior floor plan consists of a symmetrical "double pile" with a central stair hall. The front two rooms on the first and second floor, the central stair hall, and the rear two rooms on the second floor remain intact (Note: only those spaces subject to this Preservation Restriction will be described in depth). The floors themselves consist of random-width pine boards and are all currently painted. The walls are finished with plaster, except a portion of the wall between the two front elevation windows in the Southwest Parlor which was replaced with some form of fiberboard. All the walls are currently painted, but there is photographic evidence that some rooms were previously wallpapered. As will be noted below, there are subtle variations in the trim details in each of the front rooms on the first and second floor, likely reflecting their original roles as spaces used for public receptions vs. family gatherings, and in the case of the upstairs bedrooms, reflecting which room was likely used by Elijah and Mary Cobb. First Story - Southwest Parlor (Exhibit B-3, Photos 13, 14, 15 and 16) This room is (slightly) more elaborately ornamented than the Southeast Parlor. This room has the most extensive use of ornamentation. The walls of this room have wainscoting which consists (from bottom to top) of baseboards or bottom rails capped with molding, a flat panel, and a reeded or fluted panel below the molded chair rail (or cap molding) (Exhibit F, Photo 17). Above the wainscoting the plaster walls are painted, except as noted above. The ceiling has a narrow cornice with cove molding and dentils below. The windows are set in deeply-recessed bays (likely created by double-studding the walls). The windows have a two-tiered casing with molded edges. The interior soffit of the recessed windows, and the window shutters all have flat recessed panels with ovolo (1/4 round) and fillet molding (Exhibit F, Photo 18). There is a door on either side of the fireplace, both hung with HL hinges. The door knob and hardware have been removed on the door to the left of the fireplace; the door to the right has a ceramic knob and mortised latch. The door panels facing into the rooms have a similar flat recessed panel with modest ovolo and fillet molding profile as the window shutters. The doors have two-tiered casing framed by raised cove molding (Exhibit F, Photo 19), similar to the Southeast Parlor. There was likely a door that opened into the front hall that has since been removed. Ornamentation of the fireplace mantelpiece includes pilasters with recessed panels that have the same ovolo and fillet molding as the doors and shutters, the same reeding as the wainscoting and an applied lattice molding below the molded mantel shelf. The hearth is composed of sandstone. (Exhibit F, Photo 20). First Story - Southeast Parlor (Exhibit F, Photos 21, 22, 23 and 24) The walls of this room have wainscoting with the same detailing as the Southwest Parlor, but without the reeded molding (Exhibit F, Photos 25). Above the wainscoting the plaster walls are painted. The ceiling 19 has a narrow cornice with cove molding and dentils below, similar to the Southwest Parlor. The windows are set in deeply-recessed bays, also similar to the Southwest Parlor. The windows have a two-tiered casing with molded edges. Unlike the Southwest Parlor, the interior surfaces of the recessed windows, and the window shutters, have raised (rather than recessed) panels, and the interior soffits of the recessed windows are flat with no molded panels (Exhibit F, Photo 26). There was a door on either side of the fireplace, but the door to the left has been removed and shelving has been added. There are also two doors on the left (west) wall, although the door on the right side of this wall is now fixed in place. The doors are all hung with HL hinges. Door knobs are wood or glass and all have mortised latches. The door casings have the same two-tiered casing framed by raised cove molding as the Southwest Parlor. The door panels facing into the rooms have a recessed panel with modest ovolo and fillet molding profile similar to those in the Southwest Parlor, except the door to the right of the fireplace which may have been reversed, exposing the feather-edged raised panels found on the inside face of the other doors (Exhibit F, Photo 27). Ornamentation of the mantelpiece is identical to that in the Southwest Parlor, with the addition of two molded caps on the mantel shelf. The hearth is composed of sandstone. A cast iron insert was added to the firebox, date unknown (Exhibit F, Photo 28). Second Story - Southwest Bedroom (Exhibit F, Photos 29, 30, 31 and 32) This is the more elaborately ornamented of the two front bedrooms. The walls of this room have wainscoting which consists of baseboards or bottom rails capped with molding, a flat panel, and a molded chair rail (or cap molding) but, like the Southeast Parlor, no reeded molding (Exhibit F, Photo 33). Above the wainscoting, the plaster walls are painted. Encased, exterior structural beams are visible on the southeast and southwest corners of the room (Exhibit F, Photo 34). The ceiling has a narrow molded cornice with dentils below similar to the first floor parlors (Exhibit F, Photo 35). The windows are not as deeply recessed on the second story and do not have (or have room for) interior shutters. The windows have a two-tiered casing with molded edges, similar to the windows in the parlors below. The reveals and soffit of the windows are flat with no molded panels (see also Exhibit F, Photo 35). There is a door on either side of the fireplace and a door leading into the stair hall. The doors are hung with HL hinges. The doors all have mortised latches and the door knobs appear to be marbled glass or ceramic. The door panels facing into the rooms have recessed flat panels with no molding. The outside of the doors have raised panels with ovolo and fillet molding. The door casings have the same two-tiered detail as the doors in the parlors below on the first floor, except they are framed by raised ogee molding on the outside instead of cove molding (Exhibit F, Photo 36). The doors in this room are painted with faux graining. A fireplace is on the north wall. The mantelpiece includes raised molding which surrounds the firebox and extends out slightly at the top corners. Two broad brackets sit atop this molding and support the mantel shelf. The hearth is composed of square red ceramic tiles (Exhibit F, Photo 37). Second Story - Southeast Bedroom (Exhibit F, Photos 38, 39, 40 and 41) This room has the simplest degree of ornamentation of the front four rooms. The walls of this room have no wainscoting – they are articulated simply with a baseboard capped with ogee molding (similar to the other front rooms) and a narrow molded ceiling cornice with ogee molding (Exhibit F, Photo 42). The plaster walls are painted. Encased, exterior structural beams are visible on the southeast and southwest corners of the room, similar to the Southwest Bedroom. The ceiling has a narrow cornice with cove molding and no dentils (see also Exhibit F, Photo 42). As with the Southwest Bedroom, the windows are not as deeply recessed as those on the first floor and have no interior shutters. Unlike the other three front rooms, however, these windows have simple narrow casings (Exhibit F, Photo 43). There is a door on either side of the fireplace and a door leading into the stair hall. The doors are hung with HL hinges. Door knobs are wood or glass and all have mortised latches (the mortised latch has been removed on the door in the northeast corner). The doors are painted with faux graining and have door 20 panels facing into the rooms with feathered raised panels with ¼ molding and fillet. The door casings have narrow flat panels with raised molded borders on the inside and outside edges. A fireplace is on the north wall. The fireplace mantelpiece is a more simplified version of the mantelpiece in the Southwest Bedroom. It has the same raised molding which surrounds the firebox but without the slight extension at the top corners, and there are no brackets supporting the mantel shelf. The hearth is composed of square red ceramic tiles (Exhibit F, Photo 44). Lower and Upper Hall and Stair (Exhibit F, Photos 45, 46, 47 and 48) The walls of the stair hall on the first and second floor, as well as the stair, have the same wainscoting as the Southwest Parlor; namely, baseboards or bottom rails capped with molding, a flat panel, and a reeded or fluted top rail below the cap molding. The interior of the front door to the house has a molded casing and a rim lock (Exhibit F, Photo 49). The stair has a relatively narrow columnar newel post set on square pedestal at the bottom of the stair, and simple square balusters (Exhibit F, Photo 50). Narrower columnar newel posts at the corners at the top of the stair on the second story rest on low square posts and extend down through the stair to the ceiling of the first story where they are ornamented with drip molding. The handrails have a modest ovolo molded profile. The open-stringer stair has scrolled tread ends and the outer ends of the treads have a simple nosing with ½ round profile. The second floor stair hall has a centered window on the south wall similar in detail to the other windows on this floor. A large opening on the north wall of the stair on this floor was made sometime in the 20th century. Kitchen The rear rooms on the first floor have been significantly altered to accommodate a modern kitchen and bathrooms, as can be seen on the plans attached as Exhibit H, but a surviving element is the original fireplace (Exhibit F, Photos 51 and 52). The two rear bedrooms on the second story remain relatively intact with some accommodation made for a modern bathroom. Outbuilding To the northeast of the main house is a large one-story outbuilding. It is clad in painted wood shingles and the roof is clad in asphalt shingles. The oldest section is the front block which has a low-pitched, side- gable roof. This part of the outbuilding has a field stone and mortar foundation. The front (south) elevation of this block has two doors and two windows of different sizes (Exhibit F, Photo 53). The roof extends forward on this elevation creating a full-width open porch supported by square posts. Two ells extend from right (east) side of the rear elevation of this block, giving the overall outbuilding an “L” shape. The corner formed by the main block and rear ells is completely infilled with an open parking area with low-pitched roof supported by large square posts with simple braces (Exhibit F, Photo 54). Until sometime in the 20th century, the outbuilding consisted only of the front (south) portion (Exhibit G, Photo 5). 21 Exhibit E History of the Elijah Cobb House Elijah Cobb (1768-1848) was born on a small Brewster farm, and was forced to leave home at age 6 when his father died at sea. Cobb lived and worked with another family until 1783, when he went to Boston and booked passage on a vessel, working as a cook and cabin boy. Cobb then worked for 6 ½ years on a Boston-based coaster which ran between Boston and Philadelphia. After leaving the company, he made a trip to Europe as a mate, then earned a promotion to captain. He went on to command the Monsoon, Paragon and Ten Brothers among other ships. He periodically retuned to Brewster, including in 1793 when he married Mary Pinkham (1770-1835). In 1794, Captain Cobb gained fame as the first American sea captain to successfully negotiate a fair price for cargo that had been seized by the French during the revolution. His efforts included direct contact with and assistance from Robespierre himself shortly before the Jacobin leader was guillotined, which Cobb witnessed. When Cobb returned home, he became the most sought after commander to conduct trade and collect debts in Europe. Cobb was in Brewster for most of 1799, during which time the house on Lower Road was built. Cobb bought the farm from Thankful Freeman, widow of David Freeman. The existing house on the property was apparently torn down or moved. The Cobb family moved in on New Year's Day, 1800. The property stretched north to the bay and included all the land currently known as Cobbs Pond Condominium and portions of Sears Point Condominium. Cobb returned to his maritime activities until the War of 1812 when the British blockade curtailed American voyages. Cobb himself was captured that year by the British after returning from a successful voyage to Cadiz. He was sent to St. Johns where he found 27 other American ships held as prizes. They were soon returned to America, after which Cobb stayed in Brewster until the war ended in 1815. Cobb then became involved in the African trade, although he avoided direct involvement in slaving. Cobb’s last voyage was in 1819. It was his second trip to Prince’s Island on the Gulf of Guinea, the first in 1818 having been very profitable. Cobb was captain of the Ten Brothers and was accompanied by Captain Isaac Clark, Captain David Nickerson and Captain Joseph Mayo, a youth of 29. During the voyage, Cobb's three friends died of fever while in Africa, and the pestilent Ten Brothers was sunk upon its arrival in Boston. Cobb never went to sea again, devoting the rest of his life to town affairs. He served as Town Clerk, Treasurer, Inspector General, Representative and Senator, as well as Justice of the Peace. He died in 1848 with the honorary military rank of Brigadier General, and is buried in the Brewster Cemetery on Lower Road. The house remained in the Cobb family, passing to Elijah Cobb’s son Elijah Jr. (1799-1861), and then to Elijah Jr.’s daughter Helen Cobb (1829-1896), who was married to James Atherton Dugan (1827-1860). Their daughter, Caroline Atherton Dugan (1853-1941), known as Caro, lived in the house most of her life. During this time, the property still stretched to the bay and the family had built a beach house on the bluff, as well as a guest cottage and numerous additions to the main house. Caro trained as a kindergarten teacher but did not continue in that field. After the death of her mother in 1896, Caro left Cape Cod. The 1900 census records list her as living in Brookline, Massachusetts, serving as governess to the five children of Henry and Margaret Whitney. Josephine Whitney Duveneck, Caro’s former charge, wrote in her autobiography, Life at Two Levels, that “Miss Dugan” was with the Whitney family for twenty-five years, excluding two months each summer when she returned to Cape Cod, presumably to Cobb House. Josephine Duveneck stated that Caro was the most important person in her life during her formative years, “as teacher, companion and friend.” That closeness is evidenced by the fact that Caro deeded the property to Duveneck in 1938 (Book 543/Page 75). Duveneck was living in Los Altos, CA, and Caro continued to live in the house until her death in 1941 on her 88th birthday. 22 In 1945, Frank B. and Josephine Duveneck, still living in Los Altos, CA, conveyed the property to Howard M. Gibbs, Jr. of North Dartmouth, MA (Book 631/Page 241). The house remained in the Gibbs family until 1984. In 1981, Katherine Gibbs LaFleur recorded a subdivision plan, at which time the Cobb house property was reduced to its current size (see Exhibit B). In 1984, Katherine Gibbs LaFleur and Lee R. La Fleur conveyed the entire subdivision to Bay Colony Property Co, Inc. The company continued to own the Cobb house until 1993 when it conveyed Lot 1 which included the house to Frances Chapin (Book 8643/Page 185). By that time, the house had fallen into disrepair. Chapin removed the ells and additions, added the rear porch, and otherwise restored the house to its early 1800s condition. By 2013, the house had again fallen into disrepair following the illness and subsequent death of Ms. Chapin. The Brewster Historical Society purchased the Cobb house from Chapin’s estate in 2015 (See Legal Property Description, Exhibit A). The Historical Society is currently restoring and rehabilitating the property to be used as their headquarters and museum house. 23 Exhibit F Current photographs of the Property and Building, including interior photographs of rooms and spaces subject to this Restriction List of Photographic Views (taken May 2015) Exhibit F, Photo 1 - Cobb House, view of property, looking north. Exhibit F, Photo 2 - Cobb House, view looking northwest. Exhibit F, Photo 3 - Cobb House, detail of cornice and quoining, front elevation, southwest corner. Exhibit F, Photo 4 - Cobb House, front elevation. Exhibit F, Photo 5 - Cobb House, detail of front door. Exhibit F, Photo 6 - Cobb House, detail of window, front elevation. Exhibit F, Photo 7 - Cobb House, east elevation. Exhibit F, Photo 8 - Cobb House, west elevation. Exhibit F, Photo 9 - Cobb House, rear elevation. Exhibit F, Photo 10 - Cobb House, rear elevation, detail of second story window and cornerboard. Exhibit F, Photo 11 - Cobb House, rear elevation, off-center first story window. Exhibit F, Photo 12 - Cobb House, rear elevation, detail of varying-width clapboard. Exhibit F, Photo 13 - Cobb House interior, Southwest Parlor, looking south. Exhibit F, Photo 14 - Cobb House interior, Southwest Parlor, looking west. Exhibit F, Photo 15 - Cobb House interior, Southwest Parlor, looking north. Exhibit F, Photo 16 - Cobb House interior, Southwest Parlor, looking east. Exhibit F, Photo 17 - Cobb House interior, Southwest Parlor, detail of wainscoting. Exhibit F, Photo 18, Cobb House, Southwest Parlor, detail of window. Exhibit F, Photo 19 - Cobb House interior, Southwest Parlor, detail of northwest door and trim. Exhibit F, Photo 20 - Cobb House interior, Southwest Parlor, detail of fireplace. Exhibit F, Photo 21 - Cobb House interior, Southeast Parlor, looking south. Exhibit F, Photo 22 - Cobb House interior, Southeast Parlor, looking west. Exhibit F, Photo 23 - Cobb House interior, Southeast Parlor, looking north. 24 Exhibit F, Photo 24 - Cobb House interior, Southeast Parlor, looking east. Exhibit F, Photo 25 - Cobb House interior, Southeast Parlor, detail of wainscoting, southwest corner. Exhibit F, Photo 26 - Cobb House interior, Southeast Parlor, detail of window, looking south. Exhibit F, Photo 27 - Cobb House interior, Southeast Parlor, detail of northeast door. Exhibit F, Photo 28 - Cobb House interior, Southeast Parlor, detail of fireplace. Exhibit F, Photo 29 - Cobb House interior, Southwest Bedroom, looking south. Exhibit F, Photo 30 - Cobb House interior, Southwest Bedroom, looking west. Exhibit F, Photo 31 - Cobb House interior, Southwest Bedroom, looking north. Exhibit F, Photo 32 - Cobb House interior, Southwest Bedroom, looking east. Exhibit F, Photo 33 - Cobb House interior, Southwest Bedroom, detail of wainscoting, southwest corner. Exhibit F, Photo 34 - Cobb House interior, Southwest Bedroom, detail of southwest corner post. Exhibit F, Photo 35 - Cobb House interior, Southwest Bedroom, cornice and window detail. Exhibit F, Photo 36 - Cobb House interior, Southwest Bedroom, detail of door in southeast corner. Exhibit F, Photo 37 - Cobb House interior, Southwest Bedroom, detail of fireplace. Exhibit F, Photo 38 - Cobb House interior, Southeast Bedroom, looking south. Exhibit F, Photo 39 - Cobb House interior, Southeast Bedroom, looking west. Exhibit F, Photo 40 - Cobb House interior, Southeast Bedroom, looking north. Exhibit F, Photo 41 - Cobb House interior, Southeast Bedroom, looking east. Exhibit F, Photo 42 - Cobb House interior, Southeast Bedroom, detail of door surround, post, cornice. Exhibit F, Photo 43 - Cobb House interior, Southeast Bedroom, detail of window. Exhibit F, Photo 44 - Cobb House interior, Southeast Bedroom, detail of fireplace. Exhibit F, Photo 45 - Cobb House interior, Lower Hall, looking south. Exhibit F, Photo 46 - Cobb House interior, Lower Hall, looking north. Exhibit F, Photo 47 - Cobb House interior, Upper Hall, looking south. Exhibit F, Photo 48 - Cobb House interior, Upper Hall, looking north. Exhibit F, Photo 49 - Cobb House interior, Lower Hall, detail of front door. Exhibit F, Photo 50 - Cobb House interior, detail of stair, looking northeast. 25 Exhibit F, Photo 51 - Cobb House interior, Kitchen Fireplace, looking south. Exhibit F, Photo 52 - Cobb House interior, Kitchen Fireplace, detail of bake door. Exhibit F, Photo 53 - Cobb House outbuilding, looking north. Exhibit F, Photo 54 - Cobb House outbuilding, looking east. 26 Exhibit F, Photo 1 - Cobb House, view of property, looking north. Exhibit F, Photo 2 - Cobb House, view looking northwest. 27 Exhibit F, Photo 3 - Cobb House, detail of cornice and quoining, front elevation, south- west corner. Exhibit F, Photo 4 - Cobb House, front elevation. 28 Exhibit F, Photo 5 - Cobb House, detail of front door. 29 Exhibit F, Photo 6 - Cobb House, detail of window, front elevation. 30 Exhibit F, Photo 7 - Cobb House, east elevation. Exhibit F, Photo 8 - Cobb House, west elevation. 31 Exhibit F, Photo 9 - Cobb House, rear elevation. Exhibit F, Photo 10 - Cobb House, rear elevation, detail of second story window and cornerboard. 32 Exhibit F, Photo 11 - Cobb House, rear elevation, off-center first story window. 33 Exhibit F, Photo 12 - Cobb House, rear elevation, detail of varying-width clapboard. Exhibit F, Photo 13 - Cobb House interior, Southwest Parlor, looking south. 34 Exhibit F, Photo 14 - Cobb House interior, Southwest Parlor, looking west. Exhibit F, Photo 15 - Cobb House interior, Southwest Parlor, looking north. 35 Exhibit F, Photo 16 - Cobb House interior, Southwest Parlor, looking east. Exhibit F, Photo 17 - Cobb House interior, Southwest Parlor, detail of wainscoting. 36 Exhibit F, Photo 18, Cobb House, Southwest Parlor, detail of window. Exhibit F, Photo 19 - Cobb House interior, Southwest Parlor, detail of northwest door and trim. 37 Exhibit F, Photo 20 - Cobb House interior, Southwest Parlor, detail of fireplace. Exhibit F, Photo 21 - Cobb House interior, Southeast Parlor, looking south. 38 Exhibit F, Photo 22 - Cobb House interior, Southeast Parlor, looking west. Exhibit F, Photo 23 - Cobb House interior, Southeast Parlor, looking north. 39 Exhibit F, Photo 24 - Cobb House interior, Southeast Parlor, looking east. Exhibit F, Photo 25 - Cobb House interior, Southeast Parlor, detail of wainscoting, southwest corner. 40 Exhibit F, Photo 26 - Cobb House interior, Southeast Parlor, detail of window, looking south. Exhibit F, Photo 27 - Cobb House interior, Southeast Parlor, detail of northeast door. 41 Exhibit F, Photo 28 - Cobb House interior, Southeast Parlor, detail of fireplace. Exhibit F, Photo 29 - Cobb House interior, Southwest Bedroom, looking south. 42 Exhibit F, Photo 30 - Cobb House interior, Southwest Bedroom, looking west. Exhibit F, Photo 31 - Cobb House interior, Southwest Bedroom, looking north. 43 Exhibit F, Photo 32 - Cobb House interior, Southwest Bedroom, looking east. Exhibit F, Photo 33 - Cobb House interior, Southwest Bedroom, detail of wainscoting, southwest corner. 44 Exhibit F, Photo 34 - Cobb House interior, Southwest Bedroom, detail of southwest corner post. 45 Exhibit F, Photo 35 - Cobb House interior, Southwest Bedroom, cornice and window detail. 46 Exhibit F, Photo 36 - Cobb House interior, Southwest Bedroom, detail of door in southeast corner. 47 Exhibit F, Photo 37 - Cobb House interior, Southwest Bedroom, detail of fireplace. Exhibit F, Photo 38 - Cobb House interior, Southeast Bedroom, looking south. 48 Exhibit F, Photo 39 - Cobb House interior, Southeast Bedroom, looking west. Exhibit F, Photo 40 - Cobb House interior, Southeast Bedroom, looking north. 49 Exhibit F, Photo 41 - Cobb House interior, Southeast Bedroom, looking east. Exhibit F, Photo 42 - Cobb House interior, Southeast Bedroom, detail of door surround, post, cornice. 50 Exhibit F, Photo 43 - Cobb House interior, Southeast Bedroom, detail of window. Exhibit F, Photo 44 - Cobb House interior, Southeast Bedroom, detail of fireplace. 51 Exhibit F, Photo 45 - Cobb House interior, Lower Hall, looking south. Exhibit F, Photo 46 - Cobb House interior, Lower Hall, looking north. 52 Exhibit F, Photo 47 - Cobb House interior, Upper Hall, looking south. Exhibit F, Photo 48 - Cobb House interior, Upper Hall, looking north. 53 Exhibit F, Photo 49 - Cobb House interior, Lower Hall, detail of front door. 54 Exhibit F, Photo 50 - Cobb House interior, detail of stair, looking northeast. 55 Exhibit F, Photo 51 - Cobb House interior, Kitchen Fireplace, looking south. Exhibit F, Photo 52 - Cobb House interior, Kitchen Fireplace, detail of bake door. 56 Exhibit F, Photo 53 - Cobb House outbuilding, looking north. Exhibit F, Photo 54 - Cobb House outbuilding, looking east. 57 Exhibit G Historic photographs Exhibit G, Photo 1 - Cobb House, ca. 1893. Exhibit G, Photo 2 - Cobb House, front elevation, ca. 1901. Exhibit G, Photo 3 - Cobb House, rear elevation, ca. 1901. Exhibit G, Photo 4, rear elevation, ca. 1902. Exhibit G, Photo 5 - Outbuilding, The Den, ca. 1901. Exhibit G, Photo 6 - Cobb House, HABS, 1959. 58 Exhibit G, Photo 1 - Cobb House, ca. 1893. Exhibit G, Photo 2 - Cobb House, front elevation, ca. 1901. 59 Exhibit G, Photo 3 - Cobb House, rear elevation, ca. 1901. Exhibit G, Photo 4, rear elevation, ca. 1902. 60 Exhibit G, Photo 5 - Outbuilding, The Den, ca. 1901. Exhibit G, Photo 6 - Cobb House, HABS, 1959. 61 Exhibit H Cobb House floor plans, Brown Lindquist Fenuccio & Raber Architects, Inc. Interior spaces subject to the Preservation Restriction indicated in red. 62 Exhibit I Restriction Guidelines and Procedures for Maintenance and Improvements 1. PREAMBLE The purpose of these Guidelines is to assist the Property Owner (the Owner) and the Town of Brewster (the Town) and its designated agent, the Brewster Select Board (the Select Board) in retaining the substance and character of the historic structures and land including the 1799 Capt. Elijah Cobb House (the Building) located at 739 Lower Road, Brewster, Barnstable County, Massachusetts (the Property), by establishing standards and procedures for maintenance and improvements in accordance with the principles established in the Preservation Restriction to which this is appended. 2. GENERAL PROVISIONS In view of the importance to the Town of preserving the Property's character and integrity, both with respect to the Building and in context with its surroundings, the following general guidelines shall apply: 2.1 The exterior of the south, east, and west elevations of the house and the second story of the north elevation shall be maintained and not altered. The first story of the north elevation has been altered in the past, including the removal of an ell and addition, the addition of French doors and the addition of a porch. Alterations are permitted on the first story of the north elevation provided they conform in scale, materials and design to the overall architectural character of the Building, subject to Select Board review and approval. 2.2 The interior (including floors, walls, ceilings, doors and door surrounds, windows and window surrounds, fireplaces and mantelpieces, and ornamental trim) in the Southwest Parlor, Southeast Parlor, Lower Hall, Stair, Upper Hall, Southwest Bedroom and Southeast Bedroom (as shown on a plan attached as Exhibit H) shall be maintained and not altered, except as provided below. 2.3 Necessary reconstruction or replacement of any portion of the house shall reproduce the existing exterior features and components, except as specifically indicated in these Guidelines. The house may not be elevated from its original foundation height, or have its roofline raised. 2.4 The Outbuilding may not be altered after the date of this Restriction without Select Board and Old King’s Highway Regional Historic District approval. New freestanding outbuildings are allowable provided they not adversely impact the view of the Building from the street. The addition of any new outbuildings, or the relocation of existing outbuildings, must be reviewed and approved by the Select Board. 2.5 Modifications of landscaping and site features shall be in keeping with the character of the neighborhood and 19th century landscape traditions. Any new hardscape features (driveways, walkways) and fences are subject to approval by the Select Board. Any new landscape features (trees, planting beds) which might impact the view of the Building from the street must be reviewed and approved by the Select Board. 3. GENERAL REQUIREMENTS AND REVIEW PROCEDURES 3.1 Work Subject to Review 63 3.1.1 Approval by the Select Board is not required for ordinary maintenance and repair of existing fabric in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (36 CFR 67 and 68), hereinafter the “Secretary’s Standards” and these Guidelines. The right to maintain and repair shall mean the use by the Owner of in-kind materials and colors, applied with workmanship comparable to that which was used in the construction or application of those materials being repaired or maintained, for the purpose of retaining in good condition the appearance and construction of the Building. The right to maintain and repair shall not include the right to make changes in appearance, materials, material colors and workmanship from that existing prior to the maintenance and repair without the prior approval of the Select Board. 3.1.2 All other non-maintenance changes and additions are subject to review by the Select Board. Approval of any proposed work must be granted in writing by the Select Board in advance of the commencement of construction. 3.2 Review Standards and Procedures 3.2.1 Review procedures, including those conducted for emergency repair and replacement, shall generally be conducted in accordance with applicable provisions of the following: 3.2.2 The Secretary’s Standards. 3.2.3 Determinations by the Select Board relating to work subject to review shall be based on the primary objective of retaining the substance and character of the Property, in accordance with the provisions of Paragraph 2 of these Guidelines. 3.3 Submittal and Documentation Requirements Material required for review may include such documentation as scale drawings, renderings, specifications, and product descriptions and samples. 3.4 Qualifications of Consultants and Contractors 3.4.1 All design work shall be performed by an architect currently licensed in Massachusetts, preferably with historical renovation and reconstruction experience. 3.4.2 All construction, except simple maintenance projects, shall be performed by contractors currently licensed in Massachusetts, preferably with a minimum of five years’ experience in historical renovation and reconstruction. 4. BUILDING RENOVATION AND CONSTRUCTION STANDARDS 4.1 General Standards 4.1.1 All products, components, and materials shall be of the best quality. 4.1.2 Reconstruction of existing portions of the Building shall reproduce existing construction exactly. 4.1.3 New construction shall maintain the scale, proportions, detailing and general character of the existing Building. 64 4.2 Specific Standards for the Exterior of Building The following standards are included to establish a general level of quality for all work, and are considered essential to achieve the Town's primary objective for the Property. 4.2.1 Paint: Changes in exterior paint colors are allowed. Colors must be historically appropriate and must be approved by the Select Board. 4.2.2 Siding: Maintain all original or historically significant siding on Building, as determined by the Select Board. Replacement siding, if needed, must be wood and match the existing clapboard in width and profile, including the variable widths found on the rear elevation. 4.2.3 Roof material: New roofing must utilize red cedar shingles similar in size to existing. 4.2.4 Chimneys: Maintain all chimneys. If repointing is needed, the mortar must match the joint profile and color of existing mortar, and be of a composition that is similar or compatible to the existing mortar. If replacement brick is required, it must match the existing in color and size. 4.2.5 Foundation: Maintain brick foundation. If repointing is needed, the mortar must match the joint profile and color of existing mortar, and be of a composition that is similar or compatible to the existing mortar. It is encouraged, but not required, that those portions of the foundation that are parged be restored to the original exposed brick and the parging removed. If replacement brick is required, it must match the existing in color and size. 4.2.6 Dormers and Skylights: New dormers and skylights are not permitted. 4.2.7 Trim and Decoration: Maintain original trim as possible, replace-in-kind if necessary. 4.2.8 Windows: All of the windows on the south, east, and west elevation, all windows on the second story of the north elevation, and the off-centered 9/9 window on the first story of the north elevation are either original or historically significant, and must be properly maintained and restored as needed. These windows may not be replaced. Remaining windows on the north elevation may be replaced or changed. All replacement window designs and specifications are to be approved by the Select Board. New windows used on the north elevation first story must be good quality, historically appropriate single-glazed true-divided wood windows that maintain the 6/6 muntin pattern of other modern replacement windows in order to distinguish them from historically significant windows. Location of new windows must conform to the overall pattern of window spacing on the Building. 4.2.9 Storm windows: Storm windows are allowed with review by Select Board. Storm windows must match the color of the underlying window surround and the meeting rails must align with the meeting rails of the window sash. 4.2.10 Shutters: Existing wood louvered shutters may be reinstalled or replaced-in-kind, including use of appropriate hardware (including shutter dogs and pintles). Design and color of the shutters must be reviewed and approved by the Select Board. 4.2.11 Doors and storm doors: Original doors must be restored if possible and if not, must be replaced-in-kind; design to be approved by the Select Board. Replacement of non-original doors must be wood, and be compatible in design, color, and finish of existing historic doors, as approved by the Select Board. Storm doors are not permitted on the front (south) elevation, but 65 are otherwise allowed provided they are as visually minimal as possible, including use of full- light panels to maximize visibility of the underlying doors, as approved by the Select Board. 4.2.12 Building-Attached Lighting Fixtures: Light fixtures may be used but must be minimal in appearance, appropriate to the Building, and must be approved by the Select Board. 4.2.132 Equipment: Window mounted HVAC or other ventilation equipment are not permitted. Openings made for HVAC or other equipment on the exterior of the Building must be located in a manner that does not detract from the Building, and must be reviewed and approved by the Select Board. 4.3 Specific Standards for the Interior spaces subject to this Restriction 4.3.1 All flooring, baseboards, wainscoting, plaster walls, cornices, plaster ceilings, doors (including hardware) and door surrounds, window surrounds including interior shutters, fireplaces including mantelpieces, and stairs including treads, newel posts, balusters and handrail, in the spaces shown in Exhibit H and described in Exhibit D must be retained and restored. If replacement is required, the replacement must match the existing in materials and design. 4.3.2 The kitchen fireplace must be retained. If repointing of the brick is necessary, the mortar must match the joint profile and color of existing mortar, and be of a composition that is similar or compatible to the existing mortar. If replacement brick is required, it must match the existing in color and size. 4.3.3 Color changes of the floors, walls and ceilings must be reviewed by the Select Board and must be based on evidence that the replacement color had been used in the specific location and/or is an appropriate color treatment for the period of the house. Those doors that are painted with faux graining must retain that detail. 4.3.4 The following interior alterations are permitted with Select Board approval to ensure appropriate design and materials: Restoration of plaster walls in the Southwest Parlor between the south windows, infilling of the modern opening in the upper north wall of the stair, restoration of missing doors, including appropriate hardware, and removal of fire insert in the Southeast Parlor. 5. LANDSCAPING AND SITE STANDARDS 5.1 General goals The principal landscaping goals are maintenance of the view of the house from the street and the retention or addition of landscape features that are compatible with the 19th century period of the house. 5.2 Planting 5.2.1 The front (south) yard shall remain sufficiently open to preserve views of the Property from Lower Road. 5.2.2 No large new plantings are allowed in front of the Building; smaller plantings should not obscure the view of the Building and must be approved by the Select Board. 5.2.3 Large areas of wood chips and colored mulch are prohibited in the front of the house, or anywhere visible from the street. Mulch under shrubs and flower beds are acceptable. 66 5.2.4 Plant species appropriate for a 19th century home should be researched, and a qualified professional with knowledge of historic gardens from this period is recommended. 5.3 Lighting 5.3.1 Exterior lighting is allowed but should be kept to a minimum and reflect the character of the Property. 5.3.2 Accent lighting of the Building or other outbuildings, walkways, trees, and landscape features is not allowed. 5.4 Driveways and Walkways 5.4.1 The existing driveway, including location and paving materials, may be modified and new parking areas may be added subject to review and approval by the Select Board. 5.4.2 Suggested materials for new walkways include flagstone or red brick set in sand or stone dust. Use of asphalt or concrete for walkways or site stairs is not appropriate. 67 Exhibit J Town Meeting Articles Article 10 on May 5, 2014 Special Town Meeting Warrant 68 Article 7 on May 4, 2015 Special Town Meeting Warrant 69 Article 9 on May 7, 2018 Special Town Meeting Warrant 70 71 72 Exhibit K Certified Select Board Vote (To Be Added Once Vote Occurs After MHP Pre-Approval When the Certification of the Select Board Vote is Available) 5754347.1 5930146.1 1 Erika Mawn From:Bill Engster < > Sent:Tuesday, April 18, 2023 8:45 AM To:Erika Mawn Subject:Re: Late Fee Brewster mooring permit Follow Up Flag:Follow up Flag Status:Flagged Sorry to be a pain, but I'm still ticked off. Checked emails and spam on both mine and my wife's computer and received nothing. Never look @ Brewster website, but perhaps I should. Yes, I am guilty as charged. However still seeking a waiver. In short - was away for a month and a half. Returned night of April 10. Got my mail the next day and opened my tax bill which for some reason made me think of my mooring fee. Wrote check and took it to Natural Resources the NEXT morning and was told "too bad you're 12 days late." I'm aware that the rules are the rules. It's not the 20 bucks, it's the principle of doing the right thing for some body who had no evil intent. Suggestion - Move mooring fee due date to May 1 and include payment instructions in tax bill mailing. Also check the accuracy of mailing list for past mooring holders. Erica, you'll be glad to know that I don't want to talk about this anymore!! Bill On Wed, Apr 12, 2023 at 2:35 PM Erika Mawn <emawn@brewster-ma.gov> wrote: Good Afternoon Bill, 2 Thank you for coming in to visit with me this morning and for this fee waiver request. I do want to share with you a little bit of information, the late policy and $20 fee has been in place for about a decade – this is not a new policy. Mooring applications are due on Feb 15 each year and the late fee is applied if applications are received after April 1. According to the Natural Resources Dept, we emailed mooring permit holders 6 reminders this year in advance of April 1. We also posted that announcement on the new Town website last month as a further notice to residents in case the reminders ended up in spam and weren’t checked. Please let me know if you want me to bring your waiver request to the Select Board at their April 24 meeting. Thank you for your time, Erika Erika Mawn Executive Assistant Town Manager/Select Board Office Phone: 508-896-3701 x1100 Website: www.brewster-ma.gov 2198 Main Street Brewster MA 02631 From: Bill Engster Sent: Wednesday, April 12, 2023 10:26 AM To: Erika Mawn <emawn@brewster-ma.gov> Subject: Late Fee Brewster mooring permit Hi Erika - 3 I just saw you and you patiently heard my whine - thank you. To repeat, returned Monday, April 10 from over a month in Mexico. Today is April 12. Went to Natural Resources to pay for the permit and was told by Chris that I now owed a late fee because the mooring fee was due on April 1. He told me he would not accept my check and that I should take it up with the Select Board. Couldn't believe it. What kind of Town is Brewster becoming??? This requests a waiver for the mooring late fee. Bill Engster Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Website: www.brewster-ma.gov Office of: Select Board Town Administration Application Fee: $35.00 APPLICATION FOR ONE -DAY ENTERTAINMENT LICENSE Application must be submitted at least 2 weeks prior to the date of the event. Following submission of a completed application and payment, the request will be placed on a Select Board meeting agenda for review. Submit to Town Administration office or licenses@brewster-ma.gov. Section 1: Applicant Information Applicant's Name: 0--c.(33 0_44 --We M /A Applicant's Address: \)G GOA, a, (113)0,c_c_=.- &y V(/- Telephone # and Email Address: Section 2: Event Information Type of Event: Location of Event: Date of Event & Proposed Times: Description of entertainment proposed (include name of band or DJ, and if entertainment will be live, acoustic or amplified, etc.): I V w. L.)� Will entertainment be performed indoors or outdoors: Section 3: Additional Information: Will temporary structures be erected (i.e., platforms, scaffolds, tents, pavilions, etc.)? Yes: No: *If yes, a building permit may be needed, please contact the building department for more information. Number of anticipated attendees over the course of the event: (i,(• (--) Maximum # at any one time: Applicant Signature: Date: - gyOERe -�9 0 ' of qFh- ''CORPOP1.0-9 Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Website: www.brewster-ma.gov Office of: Select Board Town Administration Application Fee: $35.00 APPLICATION FOR ONE -DAY ENTERTAINMENT LICENSE Application must be submitted at least 2 weeks prior to the date of the event. Following submission of a completed application and payment, the request will be placed on a Select Board meeting agenda for review. Submit to Town Administration office or licenses @ brewster-ma. ac . Section 1: Applicant Information Applicant's Name: C_A?-c M 4 Vfa�St^ �—�.2.UGlU c_v3 G 4= Applicant's Address: Telephone # and Email Address: • Section 2: Event Information Type of Event: c:2„. 0 � , t✓ Location of Event: Date of Event & Proposed Times: ( A /Q 3 1C)- M A L s l Description of entertainment proposed (include name of band or DJ, and if entertainment will be live, acoustic or amplified, etc.): -t- �,�/� 1� c= V r-� tJ EG m L K E y t o LJ- A1,-, pi__ t Will entertainment be performed indoors or outdoors: KS Section 3: Additional Information: Will temporary structures be erected (i.e., platforms, scaffolds, tents, pavilions, etc.)? Yes: No: .` *If yes, a building permit may be needed, please contact the building department for more information. Number of anticipated attendees over the course of the event: Maximum # at any one time: Applicant Signature:. Date: _ l /2_.. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov 2023-1DE- #07 FEE $35.00 Town of Brewster Local Licensing Authority This is to certify that: Nauset Garden Club of Cape Cod IS HEREBY GRANTED A ONE-DAY ENTERTAINMENT LICENSE PERMT TO ALLOW: Steve Reuman Amplified electric keyboard At the following address: 163 Crosby Lane, indoors at the Crosby Mansion This one-day permit is effective on: Friday June 9, 2023 from 10:00am – 4:00pm Date Issued: April 24, 2023 __________________________ __________________________ __________________________ __________________________ __________________________ Brewster Select Board Local Licensing Authority Office of: Select Board Town Manager CONDITIONS: None for this event Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov 2023-1DE- #08 FEE $35.00 Town of Brewster Local Licensing Authority This is to certify that: Nauset Garden Club of Cape Cod IS HEREBY GRANTED A ONE-DAY ENTERTAINMENT LICENSE PERMT TO ALLOW: Steve Reuman Amplified electric keyboard At the following address: 163 Crosby Lane, indoors at the Crosby Mansion This one-day permit is effective on: Saturday June 10, 2023 from 10:00am – 4:00pm Date Issued: April 24, 2023 __________________________ __________________________ __________________________ __________________________ __________________________ Brewster Select Board Local Licensing Authority Office of: Select Board Town Manager CONDITIONS: None for this event MEONI APPLICATION FOR FACILITY USE 2O2 BREWSTER BOARD OF SELECTMEN 2198 MAIN STREET, BREWSTER, MA 02631 All requests must be made at [east two (2) weeks in advance of the desired use date. For more information please call the Selectmen's Office at 896-3701. Completed forms may be dropped -off or mailed to the address above, or faxed back to 508-896-8089. ORGANIZATION OR GROUP: ' �1_ At ru 7/ovic-6 LOCAL SPONSORING ORGANIZATION: AREA OR FACILITIES NEEDED: cd, 4a-rvrk --)f` , u a �> DATE OR DATES REQUESTED:44L i , q! c4,1 /Lit 4 tee-+-en 5100 TIME IN: 7 TIME OUT: (INCLUDING PREPARATION & DISMANTLING) PURPOSE OF FACILITY USE: c5 ()`k a4iin.uA NATURE OF ACTIVITY TO TAKE PLACE: Al WILL ADMISSION FEE BE CHARGED? YES ✓ NO AMOUNT 6': Od --454-9 -(1 "" "UAL NON-PROFIT ORGANIZATION: YES NO IRS # 0 4 "7 9'39 TOTAL NUMBER OF PERSONS EXPECTED (24— MAXIMUM PEOPLE EXPECTED AT ONE TIME: c -6d ANY SPECIAL EQUIPMENT NEEDED?: PERSON RESPONSIBLE FOR THE OBLIGATIONS OF THE GROUP WHO WILL PAY THE BILL - NAME: MAILING ADDRESS: I- • b ' U tL . j) Z'442 / t. < . . t . 9fiR d3.&, / TELEPHONE NUMBER: I have read the regulations and understand them with ,the acknowledgement that any additional expenses incurred will be paid by my organization and that any violation may jeopardize continue use of the building. Signature: ')z..4 --c. Telephone: Page 6 of 7 8/13/13 V ige r Ate" c". Fr - ,41 g7 f E. 001 016.1* 13, imaam slamM 0 1001101M2 •G , 0 40+9.9 4 Iv .! q, !�U z 4 01,19 • vl1 el Q 11; • , 45 0, i.::\,41,1,_ �\ x/4/ ONaAZld , -1! J • vrt • "4- '; a e- } 1tY1 w g April 10, 2023 Town of Brewster Select Board. 2198 Main Street Brewster, MA 02631 To the Select Board of Brewster: I am representing the Brewster Historical Society in requesting an exemption from fee for the use of Drummer Boy Park on June 24, 2023, for our annual Antiques Fair. This is a major fundraiser for us, and this year we celebrate our 50th year. We appreciate your past support of this important event and of our organization, and it would be great to see you at our 50th anniversary event! Thank you. Joann Moran, chairperson APPLICATION FOR FACILITY USE BREWSTER BOARD OF SELECTMEN 2198 MAIN STREET, BREWSTER, MA 02631 All requests must be made at least two (2) weeks in advance of the desired use date. For more information please call the Selectmen's Office at 896-3701. Completed forms may be dropped -off or mailed to the address above, or faxed back to 508-896-8089. ,ry_ kiltd ORGANIZATION OR GROUP: 4 tffe4[ D -atng row t ' o� LOCAL SPONSORING ORGANIZATION: AREA OR FACILITIES NEEDED: D at rn ill,2'r' DATE OR DATES REQUESTED I?d,:Cr.Juld14k..l' ctp J `� J `6 TIME IN: a=30-i'l TIME OUT: 7 (INCLUDING PREPARATION & DISMANTLING) PURPOSE OF FACILITY USE: NATURE OF ACTNITY TO TAKE PLACE: rte/ c -to `&V S4 WILL ADMISSION FEE BE CHARGED? YES NO k AMOUNT NON-PROFIT ORGANIZATION: YES NO IRS # TOTAL NUMBER OF PERSONS EXPEL' ED MAXIMUM PEOPLE EXPECTED AT ONE TIME: 07 v V e/vt dOvs '�- 2 �t � e Por-co,, ANY SPECIAL EQUIPMENT NEEDED?: PERSON RESP NSIBLE FOR THE OBLIGATIONS OF THE GROUP WHO WILL PAY THE BILL - NAME: MAILING ADDRESS T • TELEPHONE NUMBER: _ I have read the regulations and understand them with the acknowledgement that any additional expenses incurred will be paid by my organization and that any violation may jeopardize continue use of the building. Signature: Telephone: Yage 6 of 7 8/13/13 APPLICATION FOR FACILITY USE 1-` PR 1 1 2023 BREWSTER BOARD OF SELECTMEN 2198 MAIN STREET, BREWSfER, MA 02631 By All requests must be made at least two (2) weeks in advance of the desired use date. For more information please call the Selectmen's Office at 896-3701. Completed forms may be dropped -off or mailed to the address above, or faxed back to 508-896-8089. ORGANIZATION OR GROUP:4Vffee4&*Datovrtor etriAg Ou-ett (se.,(74-6640.52)°5v- J LOCAL SPONSORING ORGANIZATION: AREA OR FACILITIES NEEDED: Dram -Irv/ air" i3 cry Rlz DATE OR DATES REQUESTE . r it ,:L r;'fi�i2kX Cifpwzd 'Ct e c3 a3 TIME IN: grill TIME OUT: 7 (INCLUDING PREPARATION & DISMANTLING) PURPOSE OF FACILITY USE: Grit, P , r sv- NATURE OF ACTIVITY TO TAKE PLACE: -o 4 'r ref d - tv tet)e'ti► 4154).1A-' -Fewfst—t 64 / WILL ADMISSION FEE BE CHARGED? YES NO k AMOUNT NON-PROFIT ORGANIZATION: YES NO Y. IRS # TOTAL NUMBER OF PERSONS EXPECTED —,- MAXIMUM PEOPLE EXPECTED AT ONE TIME: a7 0 V 9.44 dews el/act€- ;in c7l9-S -FO{ e.4"r4 ANY SPECIAL EQUIPMENT NEEDED?: 2.(10 l4_4) PERSON RESPQNSIBLE FOR THE QQBLIGATIONS OF THE GROUP WHO WILL PAY THE BILL - NAME: P -r'r�,r 0 4 Dalr' MAILING ADDRESS: TELEPHONE NUMBER: I have read the regulations and understand them with the acknowledgement that any additional expenses incurred will be paid by my organization and that any violation may jeopardize continue use of the building. Signature: Page 6 of 7 8/13/13 • i j • To Brewster Select Board Subject: Whitecaps 2023 home schedule signs at Brewster Beaches April 15, 2023 As I have done in the last few years, I am writing to ask for Select Board approval for temporary signs with the Whitecaps 2023 Home Schedule at town beaches for June, July, and early August of 2023 and waiver of the associated temporary sign permit fees. In the past, the Select Board enthusiastically approved the requests, unanimously. This year the request is for 5 beaches which are the same as last year plus 1 more beach. Last year there were signs at Saints Landing, Breakwater, and Crosby Landing, Mants Landing, and Linnell Landing. This year we would like to add First Light Beach. The signs are small, 12 inches by 24 inches. This size meets the criteria for signs in the area. Brewster DPW will put up and take down the signs. The Brewster Whitecaps will provide the signs. As you know the Brewster Whitecaps are a non-profit organization, run by a dedicated group of volunteers. I believe that all members of the Select Board agree that the Brewster Whitecaps are an important part of the culture and summer ambiance in Brewster. Having the home schedule at our most popular beaches is a good way to inform the summer visitors and residents of Whitecaps’ game nights. The signs make a statement as to the importance of Whitecaps Baseball to the town of Brewster. An example of the sign from 2021 is below. Thank you for your consideration of this request from the Whitecaps. Regards, Chuck Hanson Chuck Hanson, Whitecaps Board Member On behalf of all the Whitecaps Board. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 April 24, 2023 Christian J. Norgeot P.O. Box 172 South Orleans, MA 02662 RE: Access to Point of Rocks beach for Sand Nourishment, Anchor Marine Inc. Dear Mr. Norgeot; Permission to utilize the Town’s property at Point of Rocks beach for the purpose of sand nourishment at 30 Swift Lane has been granted to Anchor Marine Inc. of South Orleans. This approval is contingent upon: 1.Access from Point of Rocks beach shall be granted beginning at sunrise on Tuesday, April 25, 2023 to sunset, Friday, April 28, 2023 for supplying approximately 21 cubic yards of sand to the property. Access shall be allowed for one rubber tired front-end loader and one mid-sized tracked excavator. 2.The above dates are not subject to change. No extensions will be granted. 3.Permission extends to allow the above listed equipment, including the 21 cubic yards of sand, to be stored on the Town’s property. Equipment must be stored behind sawhorses to discourage unauthorized access or vandalism, and Anchor Marine Inc must ensure the protection of the pavement from the vehicle tracks. The Town warrants no protection or safety for unsupervised equipment or materials stored on Town property. The Town representative may require modifications relating to project activities/staging, including necessary steps to protect the landing during use. If so, said conditions will be provided at the time of the required, pre-work on-site meeting. 4.You are required to maintain access for shell fishermen/pick-up trucks to service their shellfish grants at Point of Rocks beach, as well as residents. 5.Prior to the use of the landing, a minimum eighteen inch (18”) sand cover (exact depth to be determined at the site visit) must be spread over the asphalt pavement in order to protect the integrity of the asphalt. The sand cover, as well as the sand cover to be utilized for beach re-nourishment or to bury any fiber rolls or other permitted sub- surface stabilizing materials, shall be “Mason Grade” sand, compatible in color and texture to that material which naturally exists on the beach. No work is to be done within thirty-six inches (36”) of the edge of any catch basins, drains or groins. Office of: Select Board Town Manager 6.Work shall be coordinated to take place during low tides in order to prevent vehicular equipment traffic over the drainage structures, pipes, groins and/or private property. 7.The contractor shall provide a certificate of insurance that shall certify valid liability insurance coverage in the minimum amount of $1,000,000 throughout the duration of the use of the landing. (received) 8.The contractor shall provide a $10,000 bank check or bond, to be held by the Town as financial assurance of performance and to cover the potential cost of reparations of any damage to the Town’s property. (received) 9.The contractor shall be required to take and provide photographs, taken prior to the start of any construction work, showing the pre-construction conditions of the parking and landing area and the public beach. These photos shall be submitted to the Conservation Department and the Select Board’s Office. 10.All excess sand cover shall be cleared from the landing upon completion of the work and utilized to restore base-line beach profiles, if doing so would be consistent with the Order of Conditions issued by the Conservation Commission in relation to this project. 11.The Town Manager’s office (in addition to the Conservation Commission Office and DPW) shall be notified when “on-site” phase meetings are scheduled. Advance notice of a minimum of 24 hours shall be provided to the Select Board/Town Administrator’s Office, the Conservation Commission and the DPW prior to staging and commencement of work. At least one representative from the Town should meet the contractor on-site, prior to commencement to ensure adequate coordination (This meeting still needs to be scheduled before work begins). Please call me at 508-896-3701, x 1129, if you have any questions or need to relay any important information about this project. Sincerely, Conor Kenny Conor Kenny Project Manager Cc: Chris Miller, Director of Natural Resources William Grafton, Conservation Administrator Griffin Ryder, DPW Superintendent Jimmy Jones, DPW Foreman TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATIONF BREWSTER-MA.GOV Town Landing and Public Beach Access Request Form OFFICE OF CONSERVATION COMMISSION Complete each section below and submit this Request Form to the Office of the Conservation Commission a minimum of 21 days prior to the requested start -date. Access is granted on a first come basis, and only one contractor is permitted the use of any one town landing at any given time. Check boxes are for office use. Town Landing and Public Beach Access Information Town Landing and Beach where access is requested: 'PC' Proposed start and finish date ? Z --(4t/LS Estimated duration of work: Attach a description of proposed work to include vehicles, equipment, and/or materials to be stored on public property overnight, Vehicle registration numbers for any equipment must also be provided. Contractor Information Name of contractor(s) performing work: MA -0.•-).E (oJ Phone number for contractor(s): 50'01 Li it Email for contractor(s): Gtr-+Gi.I o r m cti—Z . Address of contractor(s): Tat 't p,A Property Information Address of property where work is to be performed: 30 Property owner(s): fare -4 Phone number of owner(s): Email of owner(s): _ Conservation Permit Number for work: SE 9- i S Submit Conservation performance bond if applicable under the Orders of Conditions Submit sieve analysis and source information for nourishment sand Submit sieve analysis for existing sand on the property Submit written work notice and "before" photos of the project site Attachments: ANCHOR MARINE INC. Quality marine construction since 1968 CHRISTIAN J. NORGEOT P.O. Box 172 South Orleans, MA 02662 Point of Rocks Staging Permit Request Site: 30 Swift Lane Map 69 Lot 79 Proposed work: sand nourishment 21 cubic yards We will be using a rubber tired front end loader and a mid sized tracked excavator. Overnight Storage: We will be storing a rubber tired front end loader and a mid sized tracked excavator and 21 cubic yards of sand during the project. Start?Finish?Duration?Dates: This is a 3 day job. anchormarinema@gmail.com Chatham: 508-432-2656 Orleans: 508-255-2577 Fax: 508-432-2657 Plate Type CON • Certificate of Registration; Every person operating a motor vehicle shall have the Certificate of Registration for the motor vehicle and/or trailer, in the vehicle, in some easily accessible place. The records of the RMV constitute the official status of the vehicle registration. Model Year 2003 Residential A Registration Type COMMERCIAL Pate Number G11575 Make DEER odel LOAD Model Number dress (If Different than Mailing) Garage Addrea5 ruame(s) of Owners) and Mailing Address CERTIFICATE OF REGISTRATION M.G.L. Chapter 90 section 24B makes it a crime to after this Certificate MASSACHUSETTS DEPARTMENT OF TRANSPORTATION Effective Date 01 -Jan -2023 Body Style TRACT Trtle Number SA702934 Cofor(s) YELLOW Expires On ehic€e €dentificaiion Number OWf24HX587293 Month Year 12 23 UNKNOWN CHATHAM MA 000000000 1 �(EI�f111�I �fn���iltli���lltl���j'�1�l�lIl'rllllti�' I di 629' ANCHOR MARINE INC BX 172 5 ORLEANS. MA C2662-0172 T5 P1 2 1 Lesseelln Custody Of Total Registered Weight for Commercial Vehicle or Trailer 34000 US DOT Number for Commercial Vehicle Insurance Company SAFETY INSURANCE COMPANY Maximum Seating Capacity for Vehicles for Hire Registrar of Motor Vehicles Special Message Change of Address ❑ Residential ❑ Mailing ❑Garage Important Information for Vehicle Owners co • Change of Address: By law, you must report any change of address to the RMV within 30 days. Visit Mass.Gov/RMV C to change your address. Once you have reported the address change to the RMV, please write corrected address in box provided above. Vs. and Chapter 175, Section 113A, requires the vehicle's owner to maintain a compulsory motor vehicle liability ins a ce policy or bond for bodily injury coverage and property damage insurance. The insurer is required by law to electronically notify the Registry of Motor Vehicles if coverage lapses. The vehicle owner is then notified by the RMV to obtain new insurance within 10 days or the registration will be revoked_ Bonds are filed with the State Treasurer's Office. ° Transferring Your Plates; Massachusetts General Law (M_G_L Chapter 90, Section 2) allows you to transfer valid registration plates from this vehicle to a newly acquired new or used motor vehicle or trailer while you obtain insurance and a new registration. See the Transferring a Registration Section on the RMV's website at www_mass.govtrmv for more information. Cancel the registration plates if: - The vet ncie has been soli or junked and the registration is not going to be irallsrerred to another vehicle. - You move to another state and you register the vehicle in that state. - The insurance policy is not renewed or is cancelled and there is no plan to obtain a new policy. The Hanover Insurance Company' 1 � Len Sire€ Vbrcester, MA 01653 Hanover a insurance Cowry o America i 645 west Grand Riveri4 How t MI 48843 Insurance Group. Mazarhuseus Bay, instance Company 1440 Lincoln sheer wore,, MA 01 Principal: Anchor Marini, Inc. P.O. Box 172 South Orleans MA 02662 Obligee: Generic Obligee MA CONTINUATION CERTIFICATE Bond No.: B3 ND529366 Date: February 9, 2021 Continuation Term: License or Permit Bond From; March 20, 2021 To: March 20, 2024 Agent: HUB international New England PO Box 696, Ste 2 Wilmington, MA 0I887-0696 Bond Amount: $ 520,000.00 Premium: $ 5500.00 it is hereby agreed that the above referenced captioned numbered Bond issued by The Hanover Insurance Company (hereinafter the "Surety") is continued in force in the above amount for the Continuation Term period of the continued term stated above, and is subject to all the covenants and conditions of said Bond. This Continuation Certificate shall be deemed a part of the original Bond, and not a separate obligation, no matter how long the Bond has been in force or how many premiums are paid for the Bond, unless otherwise provided for by statute or ordinance applicable. Surety's liability under said Bond and for all continuation certificates issued in connection therewith shall not be cumulative and in no event shall the liability of the Surety exceed the amount as set forth in the Bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. in witness whereof, the company has caused this instrument to be duly signed, sealed and dated as of the above "continuation effective date." cc: 3200937 The Hanover Insurance Company sy: LE'l rti 1 Attorney -In -t=act `V LICENSE OR PERMIT BOND �7� KNOW ALL MEN BY THESE PRESENTS vY e Anchor Marine, Inc. 9 hat of P.O. Box 172 south �JrIeazrs, MA 02662 and The Hanover Insurance Company are held and firmly laund onto Town of Brewster hereinafter called the Obligee, in the penal sum of Ten Thousand Dollars a New Hampshire License No. Bond No. B .Nb529366 , as Principal, corporation, as Surety, lawful money of the United States of America to be paid to said Obligee far whit lawful made, m bind ourselves, our heirs, executors, a ($19A30_00 l these presents. administrators, successors and assi It Payment well and truly toy be ice, jointly and severally,firmly by Sued with our hands and sealed with our seals, the 15th ---`� day of March WHEREAS, the said 20I8 Lots/Landings Parking principal has applied to said obligee for license or permit for Now, therefore, the Condition of this Obligation is such, provisions of the Laws, Ordinance; and s Obligation that if the said Principal provisions inson shall e null andin Resolutions, governing the issuance of this License or rnzit, then thiss void, otherwise to remain in full force and effect. � then This bond is effective the 20th day of March Liability under this bond shall terminate as of the 20th as to any acts subsequent thereto, unless said bond is continuedin force from marchday of continuation certificate signed by the Surety. year to The Surety may cancel this bond at any time by film desire to be relieved of liability. The Surety shall not be discharged g with the Obligee th" bond, or which shall accrue hereunder before the expirati n of the from an h ra e � day Anchor Marine. The Hanover Insurance 2018 2021 year by the issuance of a X30 clays written notice of its already accrued under this eriod Kathleen Scotti, Attorney -in -Fast 3/30/2021 Google Earth 0 100% Camera: 385 rn 41'46'16'N 70°04`03'W 11 m https://earih.google.com/web/search/30+swift+lane+brewsted@41.77101396, 70.06914555,11.41784872x,527.806d4067d,35y,34.63458773h,44.998... 1/1 ANCHOR MARINE INC. P.O. Box 172 South Orleans, MA 02662 (508) 432-2656 Fax (508) 432-2657 PAY TO THE ORDER OF Fifty and 00/100"*""*"*"""*"""xAAAAA** THE CAPE COD FIVE CENTS SAVINGS BANK MASSACHUSETTS 53-7107/2113 Town of Brewster 26900 4/3/2023 *"50-00 *****AA At.&AA.A* ****#*Y.* -***********:F Town of Brewster 2198 Main Street Brewster, MA 02631 MEMO POINT OF ROCKS 11'0 26900n' I: 2 L 3 7 10 78t: 89 L00179411' DOLLARS Owner affirmation of responsibility for work and 5 -day request for site inspection/notice of work for Order of Conditions To: Brewster Conservation Commission 2198 Main Street BREWSTER, MA, 02631 L(13123 CSA .4 (Date of Request for Site Inspection) Order of Conditions (SE 9- l Sts ) - Order of Conditions recorded at the Registry of Deeds or Land Court Barnstable County on -t 12 2 I Location of project _ Street Sc, L-#',4. Assessor's Map G Parcel 9.7 s a6 1, P—> 10-1C • (Contractor), wish to schedule a site visit with an agent of the Conservation Commission to inspect the sif+ion harrier for this project. I would like the inspection to take place at the following date and time: u} 12 > j The Order was recorded at the Registry of Deeds or Land Court, Barnstable, and proof of recording was submitted to the Conservation Department for the project file. I understand that work shall commence only with approval of the Conservation Agent, and that any work activities which have commenced prior to an inspection and approval by the Conservation Commission may result in a "cease and desist"` order and fine of up to $300.00 per day. The type of work is Gar? r- n c?o r i (dwelling construction, sewage disposal installation, landscape work, etc.) Included with this request is a series of photos of the existing wetland edge and the installed erosion control barriers. A copy of the Order of Conditions and the approved site plan are available on the site, This form shall serve as proof that I have read and understand the terms of this Order of Conditions. Telephone Number of Contractor `5 `I S Signature of Contractor Signature of Owner This form shall serve as proof that 1, the owner of the above referenced prop , have ad and understand the terms of this Order of Conditions, and am responsible for any violation which occurs on this property. Signature/Initial of Conservation Agent The required erosion controls were installed according to the plans approved by the Conservation Commission. Work notification and affirmation of responsibilitylsiie visit` fortes 10/15/07 Town of Brewster 2198 Main Street, Brewster MA 02631 REQUEST FOR CERTIFIED ABUTTER'S LIST PROPERTY OWNER: Property address: 3c7 5L1 " e MAP (63111 LOT PREVIOUS MAP 1ct' LOT -761( W3) BOARD (Please check the appropriate Board, Commission or Committee) HISTORIC DISTRICT COMMITTEE CONSERVATION COMMISSION ZONING BOARD OF APPEALS BOARD OF HEALTH PLANNING BOARD SELECTMEN'S OFFICE INCLUDE MAILING LABELS Signature Telephone Date Li 13123 TO BE COMPLETED BY THE ZONING or PLANNING BOARD CLERK Case file # Clerk Signature Date: ZBA/Planning Abutters 4/4/2018 12:49 PM H+ over Insurance Group - Tile Hanover Insurance Company l 440 Lincoln Street, Wot a ter, MA 01653 Gtizens Insurance Company of America 1645 West Grand River Avenue, Howell, MI 48843 Massachusetts Bay insurance Company' 440 Lincoln Street, Worcester, MA 01653 CONTINUATION CERTIFICATE Principal; Bond No.: BLN➢529366 Date: February 9, 2021 Anchor Marine, Inc. P.O. Box 172 Sonnth Orleans MA 02662 Obligee: Generic Obligee MA Continua�a Term- I Incas,- or Permit Bend From: Match 20, 2021 To: March 20, 2024 Agent: HUB International New England PO Box 696, Ste 2 Wilmington, MA 01887-0696 Bond Amount: $ $20,000.00 Premium: $ $500-00 It is hereby agreed that the above referenced captioned numbered Bond issued by The Hanover insurance Company (hereinafter the "Surety") is continued in force in the above amount for the Continuation Term period of the continued term stated above, and is subject to all the covenants and conditions of said Bond. This Continuation Certificate shall be deemed a part of the original Bond, and not a separate obligation, no matter how long the Bond has been in force or how many premiums are paid for the Bond, unless otherwise provided for by statute or ordinance applicable. Surety's liability under said Bond and for all continuation certificates issued in connection therewith shall not be cumulative and in no event shall the liability of the Surety exceed the amount as set forth in the Bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. In witness whereof, the company has caused this instrument to be duly signed, sealed and dated as of the above "continuation effective date." 1972 CC: 3200937 The Hanover Insurance Company syLIALp,t_ n(1 „jhcAnr\f\ Attorney -In -Fact TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Abutters List Within 300 feet of Parcel 69/97/0 Key Parcel ID Owner 550 69-95-0-R (6-1) /...--------7:----__ 69/99/0 • } ` 347 POINT OF. ROCICtS ROAD 4,. 69/9810 \ i 69/9610 } 69/97/4 29q SWIFT. LANE I 1S1A1IFT, WIFT LANE ) \ 64 S'JiT1Fr. LAN , } 1 1 / e 1 - } \ i PUTNAM RICHARD N TRUSTEE & WATERFIELD PETER W TRUSTEE 69/101/0 i 69/10010 },.49 SWIFT. LANE\ 7 SWIFT. LANE 1 i5 � /i♦ 551 69-96-0-R BOYD GEORGE H III & (6-2) BOYDMARYANN 613 69-97-0-R 30 SWIFT LLC (6-3) P O BOX 960 615 69-98-0-R 20 SWIFT LANE ILO (6-5) 816 69 -99 -G -R (6-8) Location Meiling Street 60 SWIFT LANE PO BOX 646. 40 SWIFT LANE 115 E 90TH STREET APT 90 Mailing_ City ST TapCd!Counby BREWSTER MA 02631 NEW YORK NY 10128 30 SWIFT LANE C/0 EDWARD GALONEK JR 20 SWIFT LANE 215 UNDERW00D ST SULLIVAN RAYMOND A & JEANNE C 347 POINT OF ROCKS ROAD PO BOX 1067 614 69-100-0-R (6-4) GORFINKLE IRA J & MARY ELLEN TRSTEE- 7 SWIFT LANE P 0 BOX 523 MARY ELLEN GORFINKLE 2005 TR 399 69-101-0-R NELSON GARY ET AL (5-23) 49 SWIFT LANE 9384 COTES ROAD EAST Certified by: James M. Gallagher, MAA Deputy Assessor FISKDALE MA 01518 HOLLISTON MA 01746 BREWSTER MA 02631 BREWSTER MA 02631 HOLLAND PATENT NY 13354 3/30/2021 Pep ANCHOR MARINE INC. Quality marine construction since 1968 CHRISTIAN L NORGEOT P.O. Box 172 South Orleans, MA 02662 POINT OF ROCKS Proposed Work: Nourishment Overnight Storage: John Deere Loader, mini -tracked excavator, 21 cubic yards of sand. anchormarinemaa gmail,com Chatham: 508-432-2656 Orleans: 508-255-2577 Fax: 508-432-2657 ANCHOR MARINE INC. Quality marine construction since 1968 C ISTIAN J. NORGEOT P.O. Box I72 South Orleans, MA ©2662 April 3, 2023 Dear Abutter, This letter is to inform you in accordance of the rules of the town of Brewster that requires notifying abutters of work being done at 30 Swift Lane. We will be doing required ann ial nourishment. We are currently seeking a staging permit for Point of Rocks and hope to do the work the week of April 24 - April 28, 2023. Respectfully, Vice -President anchormarinema@8inail.com Chatham: 508-432-2656 Orleans: 508-255-2577 Fax: 508-432-2657 ANCHMAR-02 KMCMANUSI ACORCP CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 41312023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 1780862 HUB International New England 600 Longwater Drive Norwell, MA 02061-9146 INSURED Anchor Marine, Inc. PO Box 172 South Orleans, MA 02662 COVERAGES CONTACT Kristina McManus NAME: PHONE (A/C, No, EM): AlDREss: kristina.mcmanus@hubinternationaLcom FAX (A/C, No): INSURER(5) AFFORDING C INSURER A : Great American Insurance Company 16691 INSURER B : Safety Indemnity Insurance Company 33618 INSURER C : Manufacturers Alliance Insurance Company INSURER D : American Longshore Mutual Assn INSURER E : INSURER F • 36897 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIL] CLAIMS, IIR' TYPE OF INSURANCE . IADDL NSD SW VR D POLICY NUMBER POLICY EFF PMMIDDIYYYY7 POLICY EXP IDYT Y1. (MMDI LIMEYS A X COMMERCIAL GENERAL LIABILITY I OCCUR OMH4228168 12/31/2022 1213112023 EACH OCCURRENCE $ 'i'e0ci',.v€'i CLAIMS -MADE X DAMAGE TO RENTED (Ea n enenre.}__„ . $ $ 100,000 5,000 _PREMISES MED EXP (Any one person) PERSONAL & ADV INJURY $ 1,000,000 GEN% AGGREGATE LIMIT APPLIES O- PER: GENERAL AGGREGATE $ 2,000,000 X I POLICY JET LOC PRODUCTS - COMP/OP AGG $ 1,000,000 OTHER. MOLL $ 1,000,)00 B AUTOMOBILE LFABILrry ANY AUTO AUTOS ONLY AUTOS ONLY X AUTOSULED NON-OWNEDUTS 5923098 12131/2022 12/3112023 COMBINED SINGLE LIMIT $ 1,000,000 ,JEaaccident) INJURYPer person) $ 20,000 _BODILY BODILY INJURY (Per accident) $ 40,000 X x (Per accident) DAMAGE $ A UMBRELLALIAB EXCESSLEAB X OCCUR CLAIMS -MADE OMH4228167 12/31/2022 12/31/2023 EACH OCCURRENCE $ 1,000,000 X AGGREGATE $ 1,000,000 DED X I RETENTIONS 25,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILrTY ANY PROPRIETORIPARTNERIEXECUTNE YIN OFFICERIMEMBER EXCLUDED? 1 (Mandatory in NH} If yes, describe under DESCRIPTION OF OPERATIONS below N/A 09$5713Y 3126!2023 3126/2024 PER b OTH- STATUTE 1ER E.L. EACH ACCIDENT $ 1,000,000 EL. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 D 'Workers Compensation ALMA01960-06 3/26/2023 3/26/2024 $1M/$IM/$IM DESCRIPTION OF OPERATIONS t LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) State Act Workers' Compensation (Policy #202001-09-85-71-3Y) - Partners, Officers and Others IFICATE HOLDER Town of Brewster 2198 Main Street Brewster, MA 02631 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Certified by: TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Custom Abutters List lames M. Gallagher, MAA t�eputy Assessor Owner Location Mailing S. Key Parcel ID 613 69-97-0-R (6-3) 615 69-980-R 20 SWIFT LANE LLC 30 SWIFT LLC 30 SWIFT LANE 010 EDWARD GALONEK JR POsox 980 Mailing City ST ZIpCd/Country FBSKDALE MA 01518 (6-5) 20 SWIFT LANE 215 UNDERWOOD ST HOLLISTON MA 01746 616 69-99-0-R SULLIVAN RAYMOND A & JEANNE C 347 POINT OF ROCKS ROAD PO BOX 1067 (6-6) 617 79-23-0-R (6-7) BREWSTER MA 02631 HEINTZELMAN PROPERTIES LLC 351 POINT OF ROCKS ROAD 96 WINTERHOFF TRAIL BREWSTER MA 02631 618 79-24-0-E BREWSTER TOWN OF (6-7-1) POINT OF ROCKS ROAD 0 POINT OF ROCKS ROAD 2198 MAIN STREET BREWSTER MA 02831 69-97-0-R 69-98-0-R 69-99-0-R 30 SWIFT LLC CIO EDWARD GALONEK JR P 0 BOX 980 FISKDALE, MA 01518 20 SWIFT LANE LLC 215 UNDERWOOD ST HOLLISTON, MA 01746 79-23-0-R 79-24-0-E HEINTZELMAN PROPERTIES LLC 96 WINTERHOFF TRAIL BREWSTER, MA 02631 BREWSTER TOWN OF POINT OF ROCKS ROAD 2198 MAIN STREET BREWSTER, MA 02631 SULLIVAN RAYMOND A & JEANNE C PO BOX 1067 BREWSTER, MA 02631 ANCHOR MARINE INC. Quality marine construction since 1968 CHRISTIAN J. NORGEOT P.O. Box 172 South Orleans, MA 02662 April 3, 2023 Dear Abutter, This letter is to inform you in accordance of the rules of the town of Brewster that requires notifying abutters of work being done at 30 Swift Lane. We will be doing required annual nourishment. We are currently seeking a staging permit for Point of Rocks and hope to do the work the week ofApril 24 - April 28, 2023. Respectfully, Christian h tirgeot Vice -President anchonnarinema@gmail.com Chatham: 508-432-2656 Orleans: 508-255-2577 Fax: 508-432-2657 u Webs ite rv4's Lis r2S,rO77-:. xis X23 SULLIVAN RAYMOND A & JEANNE C t A• PO BOX 'W67 BREWSTER, MA 02631 z. . . PS Form 384T0, April "201 or !visit ect rrS U.S. Postal Service CERTIFIED MAl L2 FIECEIPT FJc�rae 7iic t:Tali Oniy Psi delivery +t*iormu:iort visit our -:abs Certified Mel! F Extra Services & eas ( Jic k box: aid eartoPrlyil TReturn RnAra fnardcOPy1 $ RaY.rrn Recelot (aa.trork) {' 0 Ger laal Mail R isie-lnd °Avery 3 _liL'-..012 r D Adult Signature Rai d $-- Adult ,Restricted Delivery Poe $0.63 U.S. Postal Sri " CERTIFIED MAIL RECEIP1 Oolnestir t'1a?/ Qa:!j,'... `erdelivery info! €i atial, visit o- r- C:hted Matt Fee nj rg CI 13 13 4.15 Extra Services & Fps (check box. aid car �, } Fkmrn Rcpt wPl 3 . ❑ Pct -.m Receipt tCa tnesic! 3 ( Oe4Wred Nun Reetficted. D:.Trery 0AduttStrauss. Required 5 ❑ Ado, Sias Restricted ltstiyary 3 Postage $0.63 rR Tatai Pestiega -arid Fe .13. 13 13 rg Er N u-. ru rg 13 O i3 r9 Total postage and a145 13 ru „seat Ta BREWSTER TOWN OF IBzfeatat POINT OF ROCKS ROAD --- 2138 MAIN STREET 1 ha -dL==. BREWSTER, MA 02631 0645- 015:1 Stmerit Hero - / r - t -9 I9 r£] Ir ra 13 a U.S. Postal Service'" CERTIFIED I , IL' RECEIPT Oomet tic Mali Oniy !Certified Mal Fee $4.15 ate 3sivcasaFees (deck bat, IO Retrn R"A[apt Maser* © Return Rsceipl (elccSonic) Cerllileil Msil Reerricted Delivery o 1 [] Adult Stgrrsturc R: �uired $3 addles Ffamar, s, fy.l}= 3 $$0 00 ', j0Adam9gnahrreRestricted Weft./ 5 I7ortage $0.63 rR !Total Postage anti Fgs 13 ru ; 20 SWIFT LANE LLC 215 UNDERWOOD ST HOLLISTON, MA 01746 ........ ....... �I- ru r1 Er ru litzetmatk Jere U.S. Postal Seri -e" CERTIFIED 1I IL: RECEIPT O7ia 4r:r :'!s:Y. id" Oniy l or^y ir:toi ru tton. vi Certified Mail Fee $4.1, $ _ Extra Services 3 FEES (check box, add feo 3 r OR,Mrn R u ecept (nardcipy) $ _--- 0 Return Receipt (elects:04 OGerttren Mw Restricted 0 very $ ;tgr. DAdult Signature Required. A:alt%nature Restricts/ BeinQ.y Postage Total Postage and Fos,- 16.1 CIsir--6,07.1..z_v,HEINiZELM:AN PROPERTIES L.LC 96 WINTERHOFF TRAIL ci ;-v -t BREWSTER, MA 02631 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 April 24, 2023 Christian J. Norgeot P.O. Box 172 South Orleans, MA 02662 RE: Access to Ellis Landing beach for Sand Nourishment, Anchor Marine Inc. Dear Mr. Norgeot; Permission to utilize the Town’s property at Ellis Landing beach for the purpose of sand nourishment at 35, 41 & 51 Captain Dunbar Road has been granted to Anchor Marine Inc. of South Orleans. This approval is contingent upon: 1.Access from Ellis Landing beach shall be granted beginning at sunrise on Tuesday, April 25, 2023 to sunset, Friday, April 28, 2023 for supplying approximately 265 cubic yards of sand to the property. Access shall be allowed for one rubber tired front-end loader and one mid-sized tracked excavator. 2.The above dates are not subject to change. No extensions will be granted. 3.Permission extends to allow the above listed equipment, including the 265 cubic yards of sand, to be stored on the Town’s property. Equipment must be stored behind sawhorses to discourage unauthorized access or vandalism, and Anchor Marine Inc must ensure the protection of the pavement from the vehicle tracks. The Town warrants no protection or safety for unsupervised equipment or materials stored on Town property. The Town representative may require modifications relating to project activities/staging, including necessary steps to protect the landing during use. If so, said conditions will be provided at the time of the required, pre-work on-site meeting. 4.You are required to maintain access for shell fishermen/pick-up trucks to service their shellfish grants at Ellis Landing beach, as well as residents. 5.Prior to the use of the landing, a minimum eighteen inch (18”) sand cover (exact depth to be determined at the site visit) must be spread over the asphalt pavement in order to protect the integrity of the asphalt. The sand cover, as well as the sand cover to be utilized for beach re-nourishment or to bury any fiber rolls or other permitted sub- surface stabilizing materials, shall be “Mason Grade” sand, compatible in color and texture to that material which naturally exists on the beach. No work is to be done within thirty-six inches (36”) of the edge of any catch basins, drains or groins. Office of: Select Board Town Manager 6.Work shall be coordinated to take place during low tides in order to prevent vehicular equipment traffic over the drainage structures, pipes, groins and/or private property. 7.The contractor shall provide a certificate of insurance that shall certify valid liability insurance coverage in the minimum amount of $1,000,000 throughout the duration of the use of the landing. (received) 8.The contractor shall provide a $20,000 bank check or bond, to be held by the Town as financial assurance of performance and to cover the potential cost of reparations of any damage to the Town’s property. (received) 9.The contractor shall be required to take and provide photographs, taken prior to the start of any construction work, showing the pre-construction conditions of the parking and landing area and the public beach. These photos shall be submitted to the Conservation Department and the Select Board’s Office. 10.All excess sand cover shall be cleared from the landing upon completion of the work and utilized to restore base-line beach profiles, if doing so would be consistent with the Order of Conditions issued by the Conservation Commission in relation to this project. 11.The Town Manager’s office (in addition to the Conservation Commission Office and DPW) shall be notified when “on-site” phase meetings are scheduled. Advance notice of a minimum of 24 hours shall be provided to the Select Board/Town Manager’s Office, the Conservation Commission and the DPW prior to staging and commencement of work. At least one representative from the Town should meet the contractor on-site, prior to commencement to ensure adequate coordination (This meeting still needs to take place before work begins). Please call me at 508-896-3701, x 1129, if you have any questions or need to relay any important information about this project. Sincerely, Conor Kenny Conor Kenny Project Manager Cc: Chris Miller, Director of Natural Resources William Grafton, Conservation Administrator Griffin Ryder, DPW Superintendent Jimmy Jones, DPW Foreman TOWN OF BREWSTER 1657 MAIN STREET BREWS TER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONS ER VATTON@BREWSTER-MA_GO V OFFICE OF CONSERVATION COMMISSION Town Landing and Public Beach Access Request Form Complete each section below and submit this Request l=oan to the Office of the Conservation Commission a minimum of 21 days prior to the requested start -date. Access is granted on a first come basis, and only one contractor is permitted the use of any one town landing at any given time. Check boxes are for office use. Town Landing and Public Beach Access Information Town Landing and Beach where access is requested: ELLt 3 L -7p, ni Proposed start and finish dates: p - s- '-/1_2.?) - Estimated duration of work: 1 La Attach a description of proposed work to include vehicles, equipment, and/or materials to be stored on public property overnight. Vehicle registration numbers for any equipment must also be provided. Contractor Information Name of contractor(s) performing work: C.t-tis3,2. (1/4/W2.4 le-) C- Phone number for contractor(s): 5©g Lt 3 2 s L Email for contractor(s): C-ricL,ari-1,r�r -; ne rna-.t I} ciC: -ir-i Address of contractor(s): 2 lei cLm,•nzme < S. r- a'") Property Information Address of property where work is to be performed: Property owner(s): S-, .1 —N Phone number of owner Email of owner(s): Conservation Permit Number for work: SE 9- Ixict5 Submit Conservation performance bond if applicable under the Orders of Conditions Submit sieve analysis and source information for nourishment sand Submit sieve analysis for existing sand on the property Submit written work notice and "before" photos of the project site Attachments: TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERV ATION@BREWS 1 ER-MA_GOV OFFICE OF CONSERVATION COMMISSION Town Landing and Public Beach Access Request Form Complete each section below and submit this Request Form to the Office of the Conservation Commission a minimum of 21 days prior to the requested start -date. Access is granted on a first come basis, and only one contractor is permitted the use of any one town landing at any given time. Check boxes are for office use. Town Landing and Public Beach Access Information Town Landing and Beach where access is requested: Proposed start and finish dates: '-4 X25 — H l �€ Estimated duration of work: t L) L=EK ELLt S L4Y, a..) Attach a description of proposed work to include vehicles, equipment, and/or materials to be stored on public property overnight. Vehicle registration numbers for any equipment must also be provided. Contractor Information Name of contractor(s) performing work: l c t-tnrz_ MAit r -E 10,3 Phone number for contractor(s): 500, W3 2 Email for contractor(s): ca -4-, r,,,. Q,,. sine T aLA: } c Address of contractor(s): ��4?— 5 . IN - r4 C? �S Property information Address of property where work is to be performed: Property owner(s): Ppk,,t s} ,a - F,i3 Phone number of owner(s): Email of owner(s): Conservation Permit Number for work: SE 9- r ti q`7 Submit Conservation performance bond if applicable under the Orders of Conditions Submit sieve analysis and source information for nourishment sand Submit sieve analysis for existing sand on the property Submit written work notice and "before" photos of the project site y) C- ne : 1Dt..)4-ATAA 2 Attachments; ANCHOR MARINE INC. Quality marine construction since 1968 CHRISTIAN J. NORGEOT F.O. Box 172 South Orleans, MA 02662 Ellis Landing Staging Permit Request Site: 41, and 51 Captain Dunbar Road Map 9, Lots 39, ' and 41 Proposed work: sand nourishment a c p Y We will be using a rubber tired front end loader and a mid sized tracked excavator. Overnight Storage: We will be storing a rubber tired front end loader and a mid sized tracked excavator and cubic yards of sand during the project. Start/Finish/Duration/Dates: This is at most a day job. anchormarinema@gmail.com Chatham: 508-432-2656 Orleans: 508-255-2577 Fax: 508-432-2657 it'+ �` ti Town of Brewster 2198 Main Street, Brewster MA 02631 REQUEST FOR CERIIrIED ABUTTER'S LIST PROPERTY OWNER: S Property address: S 1 C nor, of ToaF, sue. MAP of LOT `i E PREVIOUS MAP LOT BOARD (Please check the appropriate Board, Commission or Committee) HISTORIC DISTRICT COMMITTEE CONSERVATION COMMISSION ZONING BOARD OF APPEALS BOARD OF HEALTH PLANNING BOARD SELECTMEN'S OFFICE INCLUDE MAILING LABELS Signature Telephone Date `113123 TO BE COMPLETED BY THE ZONING or PLANNING BOARD CLERK Case file # Clerk Signature Date: LBA/Planning Abutters 4/4/2018 12:49 PM Town of Brewster 2198 Main Street, Brewster MA. 02631 REQUEST FOR CERFIFIED ABUTTER'S LIST PROPERTY OWNER: `PA a rc Property address: `� icn MAP LOT 3 PREVIOUS MAP LOT BOARD (Please check the appropriate Board, Commission or Committee) HISTORIC DISTRICT COMMI l 1 tE CONSERVATION COMMISSION ZONING BOARD OF APPEALS BOARD OF HEALTH PLANNING BOARD SELECTMEN'S OFFICE INCLUDE MAILING LABELS Date TO BE COMPLETED BY THE ZONING orPLANNING BOARD CLERK Case file #r Clerk Signature Date: ZBA/Planning Abutters 4141201R 12:49 PM Owner affirmation of responsibility for work and 5 -day request for site Inspection/notice of work for Order of Conditions To: Brewster Conservation Commission 2198 Main Street BREWSTER, MA, 02631 `113123 (Date of Request for Site Inspection) Order of Conditions (SE 9- 144.5 ) - Order of Conditions recorded at the Registry of Deeds or Land Court, Barnstable County on 1012n t 0.5 - Location of project - Streets Ciiri'—+ �*s Assessor's Map III Parcel 4 I I, ;S r1v2es. G (Contractor), wish to schedule a site visit with an agent of the Conservation Commission to inspect the si tion barrier for this project. I would like the inspection to take place at the following date and time: The Order was recorded at the Registry of Deeds or Land Court, Barnstable, and proof of recording was submitted to the Conservation Department for the project file. I understand that work shall commence only with approval of the Conservation Agent, and that any work activities which have commenced prior to an inspection and approval by the Conservation Commission may result in a "cease and desist" order and fine of up to $300.00 per day. The type of work is t-t`k0A - r`sh+-�b r'.D -i ,r 1j , (dwelling construction, sewage disposal installation, landscape work, etc.) Included with this request is a series of photos of the existing wetland edge and the installed erosion control barriers. A copy of the Order of Conditions and the approved site plan are available on the site. This form shall serve as proof that I have read and understand the terms of this Order of Conditions. Telephone Number of Contractor N 32 2kS Signature of Contractor Pte. C—t-tv2Z,, A 44t.4.w3e t 1.--N C . Signature of Owner , 'W''' --1-----/-,--,1--,----c''---- This form shall serve as proof that I, the owner of the above referenced property, have read and understand the terms of this Order of Conditions, and am responsible for any violation which occurs on this property. Signature/Initial of Conservation Agent The required erosion controls were installed according to the plans approved by the Conservation Commission. Work notification and affirmation of responsibiltty/site visit/ forms 10/15107 Owner affirmation of responsibility for work and 5 -day request for site Inspection/notice of work for Order of Conditions To: Brewster Conservation Commission 2198 Main Street BREWSTER, MA, 02631 1312 (Date of Request for Site Inspection Order of Conditions (SE 9- : 441 ) - Order of Conditions recorded at the Registry of Deeds or Land Court, Barnstable County on Location of project - Street fur$ Assessor's Map 1 Parcel I, /1.,/l/r 44.16/ / (',(Contractor), wish to schedule a Conservation Commission to inspect the siltation barrier for this project. place at the following date and time: 9. *125 1 2 The Order was recorded at the Registry of Deeds or Land Court, Barnstable, and proof of recording was submitted to the Conservation Department for the project file. I understand that work shall commence only with approval of the Conservation Agent, and that any work activities which have commenced prior to an inspection and approval by the Conservation Commission may result in a "cease and desist" order and fine of up to $300.00 per day. The type of work is �1VuKi_ IJ`l ttif,1 r (dwelling construction, sewage disposal installation, landscape work, etc.) site visit with an agent of the 1 would like the inspection to take Included with this request is a series of photos of the existing wetland edge and the installed erosion control barriers. A copy of the Order of Conditions and the approved site plan are available on the site. This form shah serve as proof that I have read and understand the terns of [las Order of Conditions. Telephone Number of Contractor _ J 3Q7 S�l 2•'' Signature of Contra Signature of Owner This form shall serve as proof that 1, the owner of the above referenced property, have read and understand the terms of this Order of Conditions, and am responsible for any violation which occurs on this property. Signature/Initial of Conservation Agent The required erosion controls were installed according to the plans approved by the Conservation Commission. Work notification and affirmation of responsibility/site visit/ forms '60/15/07 ANCHOR MARINE INC. Quality marine construction since 1968 CHRISTIAN J. NORGEOT P.O. Box 172 South Orleans, MA 02662 April 3, 2023 Dear Abutter, This letter is to inform you in accordance of the rules of the town of Brewster that requires notifying abutters of work being done at 41 ' and 51 Captain Dunbar. We will be doing required annual nourishment. We are currently seeking a staging permit for Ellis Landing and hope to do the work the week of April 25 -April 28, 2023. Res ectfull Christian E. l rgeot Vice -President anchormarinema@ gmail.com Chatham: 508-432-2656 Orleans: 508-255-2577 Fax: 508-432-2657 Hanover insurance Getup_ The Harlow insurance Company 440 Lincoln Stmet, Worcester, MA 01653 Citizens Insurance Company of America 1645 West Grand River Avenue, Howet MI 48843 Massachurset Bay Insurance Company l 440 Lincol Street, Worcester. MA 01653 CONTINUATION CERTIFICATE Principal: `inch Marine, Inc. Bond No.: BLND529366 Date: February 9, 2021 P.Q. Box 172 South Orleans MA 02662 Obligee: Generic Obligee MA Bond Amount: $ $20,000.00 Continuation Term: License or Permit Bond From: March 20, 2021 To: March 20, 2024 Agent: HTJB International New EneIand PO Box 696, Ste 2 Wilmington, MA 01887-0696 Premium: $ $500.00 It is hereby agreed that the above referenced captioned numbered Bond issued by The Hanover Insurance Company (hereinafter the "Surety") is continued in force in the above amount for the Continuation Term period of the continued term stated above, and is subject to all the covenants and conditions of said Bond. This Continuation Certificate shall be deemed a part of the original Bond, and not a separate obligation, no matter how or ordinance applicable. long the Bond has been in force or how many premiums are paid for the Bond, unless otherwise provided for by statute Surety's liability under said Bond and for all continuation certificates issued in connection therewith shall not be cumulative and in no event shall the liability of the Surety exceed the amount as set forth in the Bond or in any additions, riders, or endorsements property issued by the Surety as supplements thereto. In witness whereof, the company has caused this instrument to be duly signed, sealed and dated as of the above "continuation effective date," The Hanover Insurance Company By: r g$1 Attorney -In -Fact cC: 3200937 are held and firmly bound unto Town of Brewster hereinafter called the Obligee, in the penal surrl of Ten Thousand Dollars LICENSE OR PERiVIIT BOT,iD KNOW ALL MEN BY THESE PRESENTS, That We Anchor Marine, Inc. of Pk/Alm 172 South Orleans, MA fl2662 and The Hanover rnsurance Company a New Hampshire License No. Bond No_ BLND529366 as Principal, corporation, as Surety, lawful money of the United States of America to be paid to said Obligee far which oo , executors, administrators, successors and assigns, {t efla n these presents. made, we bind ourselves, our heirs payment and truly to be mss, jointly and severally, frlmly by Signed with our hands and sealed with our seals, the 15th day of March WHEREAS, the said principal has applied to said obligee for license or permit for tots Parking Lots./Landings Now, therefore, the Condition of this Obligation is such, provisions of the Laws, Ordinances, and Resolutions, governing the issuance of this License or permit then this I'' that if the said Principal shall faithfully observe theObligation shall be null and void, otherwise to remain in full force and effect. This bond is effective the 20th day of March. Liability under this bond shall terminate as of the 20th day of Z�I8 as to any acts subsequent thereto, unless said bond is continuedIn force fromehyear continuation certificate si ed by 2021 � the Surety. to year by the issuance of a The. Surety may cancel this bond at an desire to be relieved of cancel any time by filing with the Obligee th' ,p days liability. The Surety shall not be discharged y written thisits bond, or which shall accrue hereunder before the expiration of the thi from an lability already accrued under day Anchor Marine_ The Hanover Insurance C eA f/- r / f Kathleen Scatti, Attorney -in -Fact Plate Type CON Model Year 2003 Registration Type COMMERCIAL Make DEER Plate Number G11575 Model 1 Model Number LOAD Residential Address (If Different than Mailing) Garage Address CERTIFICATE OF REGISTRATION M.G.L. Chapter 90 section 24B makes it a crime to alter this Certificate MASSACHUSETTS DEPARTMENT OF TRANSPORTATION Effective Date 01 -Jan -2023 Body Style TRACT UNKNOWN CHATHAM MA 000000000 Name(s) of Owner(s) and Mailing Address I�IIII,�IlI11I�rliii�lelllu�lllllii�l"I�i'Illiillllll(,��l�il'II 629 T5 Pt ANCHOR MARINE INC 2 EX 172 S ORLEANS, MA 02662-0172 Title Number BA702934 LColor(s) YELLOW Expires On Vehicle Identification Number DW624HX587293 Month Year 12 23 Lessee/In Custody Of Total Registered Weight for Commercial Vehicle or Trailer 34000 US DOT Number for Commercial Vehicle Insurance Company SAFETY INSURANCE COMPANY Maximum Seating Capacity for Vehicles for Hire L *- Registrar of Motor Vehicles Special Message Change of Address ❑ Residential ❑ Mailing © Garage co o CN 0.1 Important Information for Vehicle Owners Certificate of Registration: Every person operating a motor vehicle shall have the Certificate of Registration for the motor vehicle and/or trailer, in the vehicle, in some easily accessible place. The records of the RMV constitute the official status of the vehicle registration. • Change of Address: By law, you must report any change of address to the RMV within 30 days_ Visit Mass.Gov/RMV to change your address. Once you have reported the address change to the RMV, please write corrected address in box provided above. • —.t1l0 irLsitranre rard Rc 9IIjrPd. Macserhricattg law clops nal- rag' tire an hat u-Anrin carrl i+Jl G f Chapter..90, section_34____ and Chapter 175, Section 113A, requires the vehicle's owner to maintain a compulsory motor vehicle liability insurance policy or bond for bodily injury coverage and property damage insurance. The insurer is required by law to electronically notify the Registry of Motor Vehicles if coverage lapses. The vehicle owner is then notified by the RMV to obtain new insurance within 10 days or the registration will be revoked. Bonds are filed with the State Treasurer's Office. • Transferring Your Plates: Massachusetts General Law (M.G.L. Chapter 90, Section 2) allows you to transfer valid registration plates from this vehicle to a newly acquired new or used motor vehicle or trailer while you obtain insurance and a new registration. See the Transferring a Registration Section on the RMV's website at www.mass_govfrmv for more information. • Cancel the registration plates if: - The vehicle has been sold or junked and the registration 13 not going t0 be transferred to another vehicle. - You move to another state and you register the vehicle in that state. - The insurance policy is not renewed or is cancelled and there is no plan to obtain a new policy. IMPORTANT: PEEL EXPIRATION DECAL & ADHERE TO TOP RIGHT OF THE REAR LICENSE PLATE. 1 PAY TO THE ORDER OF ANCHOR MARINE INC. P.O. Box 172 South Orleans, MA 02662 (508)432-2656 Fax (508) 432-2657 Town of Brewster Fifty and 001100****** THE CAPE COD FIVE CENTS SAVINGS BANK MASSACHUSETTS 53-7107/2113 26901 4/3/2023 **50.00 *ii1AAAA 1*}X'—'-++-v-'--'-•. • - - - - .}lt}##•k********* *i*.FAAi A**}AAA AXA*********4***iris** Town of Brewster 2198 Main Street Brewster, MA 02631 MEMO elks landing 1i'02690 1: X13710781: 89 LOO i7910' DOLLARS ANCHMAR-02 KMCMANUSI ,44c-c)Arc;. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 4/3/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License #1780862 H1JB International New England 600 Longwater Drive Norwell, MA 02061-9146 INSURED Anchor Marine, Inc. PO Box 172 South Orleans, MA 02662 COVERAGES CONTACT Kristina McManus NAME: PHONE (A/C, No, Ext): ADDRESS- kristina.mcmanus@hubinternational.com !NSURER(S) AFFORDING COVERAGE INSURER A : Great American Insurance Company INSURER B : Safety Indemnity Insurance Company INSURER c : Manufacturers Alliance Insurance Company INSURER D :American Longshore Mutual Assn FAX (AJC, No): NSURER E : NAIC 16691 33618 36897 INSURER F : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL 1N SD SUBR V VD POLICY NUMBER POLICY EFF IMMJDD!YYYY) POLICY EXP (MMIDDIYYYY) I LIMITS A X COMMERCIAL GENERAL LIABILITY OMH4228168 12/31/2022 12/31/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE LXJ OCCUR pR M sES ( a o u r nce) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GE X 'L AGGREGATE POLICY OTHER: LIMfT APPLIES PE¢ PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 1,000,000 MOLL $ 1,000,000 B AUTOMOBILE _ X LIABILITY ANY AUTO .AIJWTOS ONLY X Ai AUTOSULE❑ AUTOS ONLLY 5923098 12131/2022 1213112023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ 20,040 BODILY INJURY (Per acadenlL 40,000 $ PROPERTY ecadenO DAMAGE $ A 1 1JMBRELLA X LIAB EXCESS LIAB X OCCUR. CLAIMS -MADE OMH4228167 12/31/2022 12/31/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED X I RL I LNTION $ 25,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y 1 N N I A 3/26/2023 3/26/2024 PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 0 Workers Compensation ALMA01960-06 3/26/2023 3/26/2024 $1M/$1M/$1M DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) State Act Workers' Compensation (Policy #202001-09-85-71-3Y) - Partners, Officers and Others RTIFICATE HOLDER Town of Brewster 2198 Main Street Brewster, MA 02631 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1573 Main Street BENNETT ENVIRONMENTAL ASSOCIATES, LLC Phone: 508-896-1706 Brewster, MA 02631 A Natural Systems Utilities Company Fax: 508-896-5109 LICENSED 511E PROFESSIONALS, ENVIRONMENTAL SCIENTISTS, GEOLOGISTS, ENGIIVT.ERS SIEVE ANALYSIS DATA AND COMPUTATION SHEET Date: Job Name: Sample Number: Sample Collected by: Notes: 3/2/2023 Job Sheet Number: Tested by: USCS: SP Coefficient of Uniformity Coefficient of Curvature 1 of 1 Merchant K 10740B 1/4" Screened Sand Jacob Guthrie Merchant Sample Sand: 56.42% Silt/Clay: 0.61% D60 - 1.648 D I O. 4.498 D30 - 1.431 = D60/D10 = 0.3663 = D30^2/(D60*D10) = 15.1752 SIEVE OPENING IN MILLIMETERS SIEVE MESH WEIGHT RETAINED IN GRAMS (Cumulative) PERCENT RETAINED (Cumulative) CUMULATIVE PERCENT FINER PROJECT MANUAL SPECIFICATION (USCS) 4.75 4 2.36 2 1.7 1 0.5 0.3 0.25 0.125 0.075 PAN 4 5 8 10 12 18 35 50 60 100 200 PAN 5.1 5.1 4.5 9.6 21.6 31.2 12.1 43.3 18.1 61.4 106.2 167.6 210.0 377.6 86.2 463.8 13.0 476.8 21.9 498.7 1.2 499.9 0.1 500.0 1.02 L02 0.90 1.92 4.32 6.24 2.42 8.66 3.62 12.28 21.24 33.52 42.00 75.52 17.24 92.76 2.60 95.36 4.38 99.74 0.24 99.98 0.02 100.00 98.98 98.08 93.76 91.34 87.72 66.48 24.48 7.24 4.64 0.26 0.02 0 Course Gravel Fine Gravel Very Fine Sand Coarse Sand Medium Sand Fine Sand Silt/Clay PASSED MESH S'IE'VE TOTAL sca 100.00% Sample Weight Wet: 500 g Sample Weight Dry: 500 g Percent Moisture: 0.0 % Sample Weight Passed Through Sieves: 500 g 100 90 80 70 60 to ro 50 vo 40 30 20 10 0 Course Fine Gravel Gravel Very Fine Gravel 4 5 8 10 Very Course Course Sand Sand Medium Fine Sand Sand Silt/Clay 12 18 35 50 60 100 200 PAN Sieve Mesh 91-39-0-R 91-40-0-R 91-41-0-R ROBERTS PAUL G & ANNETTE R 287 LANGLEY ROAD NEWTON, MA 02459 91-42-0-E BREWSTER TOWN OF 2198 MAIN STREET BREWSTER, MA 02631 WALLIS PETER W 355 HEATH'S BRIDGE ROAD CONCORD, MA 01742 FASMAN STEVEN L & CAROL G 27 CLUB POINTE DRIVE WHITE PLAINS, NY 10605 Certified by: TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Custom Abutters List James M. Gallagher, MAA Deputy Assessor Owner Key Paroe1ID 819 91-39-0-R (7-14) ROBERTS PAUL G& ANNE I I Ir R Lottion Mailing Street 41 CAPTAIN DUNBAR ROAD 287 LANGLEY ROAD Mailing Ci NEWTON ST 2iDCd/Coup MA 02459 820 91-40-0-R WALLIS PETER W (7-15) 47 CAPTAIN DUNBAR ROAD 355 HEATHS BRIDGE ROAD CONCORD MA 01742 821 91-41-0-R FASMAN STEVEN L & CAROL 3 51 CAPTAIN DUNBAR ROAD 27 CLUB POINTE DRIVE WHITE PLAINS NY 10605 (7-16) 822 91-42-0-E BREWSTERTOWNOF (7-16-1) 0 ELMS LANDING ROAD 2198 MAIN STREET BREWSTER MA 02631 4/7/2023 Page 1 The data anewn on mis alto VD provided for Informational ■na piannhtg purposeaon6y. 1110 Town and 111 consultants are not rospdnlble for elle mines or misrepresentation el the data. 160 320 ft %\-0,0\-\ Printed on 04/10/2020 at 11;46 AM °s Eliot Pavement Bangs Parcels Town Boundary MA Hig I ays nhwterstate US Hkghedway Numbber Routes Abutting Towns Bethyrnetty 0.5 It 5-10 ft MI 10-15 ft 15-20 ft MIK 20-30 ft MN 30-40 ft NI 40.50 ft 60-60 ft Streets Ile MapsOnline by PeapleGIS L f c The dab shown on Ihla silo ars provided ror Informs dlonal and Warming purposes only. Tho Town and ila conpullams are 001 raspnnhislc fur alb' mlause or I \• mlaroprosenfahon of Ole dots. ■f Edge. of Pavement Buildings Parcels Oil Town Boundary MA Hiphweyys Interstate US Highway Numbered Routes Abutting T ryowns Bathyagt 9t 5-10 ft 10.15 ft ';15-20ft ® 20-3011 30.40 ft 4O-50 fl in 50-60 ft Streets MapsOnline by PeapleGIS 160 320 ft Printed on 04/10/2020 at 11:46 AM q3 tr rt 0- ru r-7 4 D D r'L U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only Extra Services & Fess t a rdfee Bourn Receipt /(In1� rtcaPtd s 'EJ EceiPt tole tronlC r. F Rs4®r R ❑ cortirwi Mal Real Lteff R"-g''erY $ ❑AdultSignatt+reRequrnect AdultSignatfeg $ -+ Postmark Here _ f Sent To ` I ru iaai BREWSTER TOWN OF -------------------- 2798 MAIN STREET BREWSTER. MA 02E37 •------------------------ CAPE COD ENGINEERING, INC. Robert M. Perry, P.E. P.O. Box 1517 East Dennis, MA 02641 Tel 508-385-1445 / Fax 508-385-1446 bobperrv(a capecod.net April 13, 2023 Town of Brewster Selectmen Board 2198 Main Street Brewster, MA 02631 Att: Conor Kenny RE: Private Use of Ellis Landing for Construction Access — 35 Captain Dunbar — DEP SE 9-1942 To the Select Board, Attached please find application materials for construction access utilizing Ellis Landing for activities currently being organized with Anchor Marine, Inc for the time -period 4/25/23 through 4/28/23. A valid Order of Conditions is on record for the work and start-up arrangements are being made with The Conservation Dept. e.g. sieve tests and photography. Anchor Marine is the contractor for performing the work for all participants. Christine Norgeot, who would typically handle the correspondence for Anchor Marine is on vacation. Cape Cod Engineering, Inc has a long-term professional relationship with Anchor Marine, Inc. so we are providing this correspondence to assure the Board of Selectmen that we are working with Anchor Marine, Inc. on behalf of the owner of 35 Capt. Dunbar Rd. All arrangements have been made to be included in the sand work. It is our understanding Anchor Marine has provided the bond, the application fee and other information relative to the physical use of the lot. On behalf of the owner Louise Wilson, we are providing a site map and access route, an abutter list and abutter notification letter, and a work description. Thank you for your assistance. Please contact me directly should you need further information or have questions. Sincerely, Cape Cod Robert M. Pere; 446Z111;111''' TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION C BREWSTER-MA.GOV Town Landing and Public Beach Access Request Form OFFICE OF CONSERVATION COMMISSION Complete each section below and submit this Request Form to the Office of the Conservation Commission a minimum of 21 days prior to the requested start -date. Access is granted on a first come basis, and only one contractor is permitted the use of any one town landing at any given time. Check boxes are for office use. Town Landing and Public Beach Access Information Town Landing and Beach where access is requested: Ellis Landing Proposed start and finish dates: April 25, 2023 - April 28, 2023 Estimated duration of work: one to two days allowing for tides and associated nearby jobs Attach a description of proposed work to include vehicles, equipment, and/or materials to be stored on public property overnight. Vehicle registration numbers for any equipment must also be provided. Anchor Marine is the contractor and has already provided this information about vehicle specifics. Sand volume shall be placed using a front end loader and spooned to the location via excavator Contractor Information Name of contractor(s) performing work: Anchor Marine, Inc. Phone number for contractor(s): 508-432-2656 Email for contractor(s): Anchormarinema@gmail.com Address of contractor(s): 299 Commerce Park, So. Chatham, MA 02659 Property Information Address of property where work is to be performed: 35 Capt. Dunbar Road Property owner(s): Louise Wilson Phone number of owner(s). Email of owner(s): Conservation Permit Number for work: SE 9-1942 Submit Conservation performance bond if applicable under the Orders of Conditions Submit sieve analysis and source information for nourishment sand Submit sieve analysis for existing sand on the property Submit written work notice and "before" photos of the project site TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION([! BREWSTER-MA.GOV OrEicE OF CONSERVATION COMMISSION Attachments: *your application will not be considered complete until all of the below are submitted.* Site map for the property where work is to be performed (to include the access route) Copy of abutter's list and notification letter Certificate of Insurance L! Town Landing Use Fee of $50 (to be submitted to Town Administration Office) Performance Bond/Bank Check for Use of Town Landing (minimum $10,000) o Funds will be returned upon successful completion of the work o To be submitted to Town Administration Office Description of proposed work (see Town Landing and Public Beach Access Information) CAPE COD ENGINEERING, INC. Robert M. Perry, P.E. P.O. Box 1517 East Dennis, MA 02641 Tel 508-385-1445 / Fax 508-385-1446 bobperrvracapecod.net April 12, 2023 ABUTTER NOTICE RE: 35 Captain Dunbar, Brewster — DEP SE 9-1942 — Private Use of Ellis Landing for Beach Nourishment at 35 Captain Dunbar, Map 91 Parcel 38 The application for sediment nourishment at 35 Capt. Dunbar Rd. is being added to the currently in -progress application for two the addresses at 51 and 41 Capt. Dunbar, on the same beachfront. This is to provide notification to you regarding the intent of Louise Wilson, owner of 35 Captain Dunbar Road, and her contractor, Anchor Marine to utilize the Ellis Landing parking lot as an access point for over -sand travel to 35 Captain Dunbar Road for purposes of beach nourishment. An application has been filed with the Brewster Select Board for the necessary authorization to use the municipal property for this purpose. The activity is anticipated to occur between the dates: April 25 through April 28, 2023 The Brewster Select Board meeting is scheduled for Monday 4/24/23 at the Brewster Town Hall, 2198 Main Street, Brewster. For further information please contact the Brewster Town Offices at 508-896-3701. Sincerely, Cape Cod Engineering, Inc. Robert M. Perry TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Custom Abutters List oene. WILSON LOUISE Location Muting Street 35 CAPTAIN DUNBAR ROAD 342 6TH AVENUE APT 84 Meiling City BROOKLYN Key PwcelID 818 91-38-0-R (7-13) ST ZIpCd/Ccuntry NY 11215 819 91-39-0-R (7-14) ROBERTS PAUL G BANNETTE R 41 CAPTAIN DUNBAR ROAD 287 LANGLEY ROAD NEWTON MA 02459 820 91-40-0-R WALLIS PETER W (7-15) 47 CAPTAIN DUNBAR ROAD 355 HEATH'S BRIDGE ROAD CONCORD MA 01742 821 91-41-0-R (7-16) FASMAN STEVEN L & CAROL G 51 CAPTAIN DUNBAR ROAD 27 CLUB POINTE DRIVE WHITE PLAINS NY 10605 822 91-42-0-E BREWSTER TOWN OF (7-16-1) 0 ELLIS LANDING ROAD 2198 MAIN STREET BREWSTER MA 02831 4/11/2023 Page 1 WORK DESCRIPTION FOR BEACH SEDIMENT REPLENSIHMENT FOR 35 CAPT. DUNBAR ROAD Date of activity - April 25 to April 28 - tide -dependent Sediment shall be delivered to Ellis landing parking lot supervised by Anchor Marine, Inc. , the job contractor. Sand delivered and dumped at the juncture with the slope to the beach shall be laded to the deposit areas using a rubber-tire front end loader. The deposit area is the location on the water side of the stone revetment. This activity will be repetitive until the given volume has been reached, approx. 65 c.y. total for 35 Capt. Dunbar Rd. The loader shall depart and a track excavator will access the beach. The purpose of the excavator is to specifically place the sand where needed. A volume of sand shall remain on the beach at that location and a secondary volume shall be spooned onto the upper tier above the revetment where over-wash scour has caused for a depression. The excavator shall work from west to east and will be placed on a trailer prior to the edge of the parking lot pavement to eliminate any scratches to the pavement. The photo on the next page shows the access and route to the site. L Site Access Map - Sand supply route from Ellis Landing to 35 Capt. Dunbar Road. Staging within Ellis Landing parking lot will be per agreement with Anchor Marine, Inc. and the Town of Brewster. ELLIS LANDING Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 April 24, 2023 David Lager 2 Centennial Drive – Suite 4D Peabody, MA 01960 RE: Access to Breakwater Beach for Sand Nourishment, SumCo Eco-Contracting, LLC Dear Mr. Lager; Permission to utilize the Town’s property at Breakwater Beach for the purpose of sand nourishment at 268 Breakwater & 257 Crocker Lane has been granted to SumCo Eco- Contracting, LLC of Peabody. This approval is contingent upon: 1.Access from Breakwater Beach shall be granted beginning at sunrise on Monday, Tuesday April 25, 2023, to sunset, Friday, April 28, 2023 for supplying approximately 20 cubic yards of sand to the property. Access shall be allowed for one tracked skid steer. 2.The above dates are not subject to change. No extensions will be granted. 3.Permission extends to allow the above listed equipment, including the 20 cubic yards of sand, to be stored on the Town’s property. Equipment must be stored behind sawhorses to discourage unauthorized access or vandalism, and SumCo Eco-Contracting, LLC must ensure the protection of the pavement from the vehicle tracks. The Town warrants no protection or safety for unsupervised equipment or materials stored on Town property. The Town representative may require modifications relating to project activities/staging, including necessary steps to protect the landing during use. If so, said conditions will be provided at the time of the required, pre-work on-site meeting. 4.You are required to maintain access for shell fishermen/pick-up trucks to service their shellfish grants at Breakwater Beach, as well as residents. 5.Prior to the use of the landing, a minimum eighteen inch (18”) sand cover (exact depth to be determined at the site visit) must be spread over the asphalt pavement in order to protect the integrity of the asphalt. The sand cover, as well as the sand cover to be utilized for beach re-nourishment or to bury any fiber rolls or other permitted sub- surface stabilizing materials, shall be “Mason Grade” sand, compatible in color and texture to that material which naturally exists on the beach. No work is to be done within thirty-six inches (36”) of the edge of any catch basins, drains or groins. Office of: Select Board Town Manager 6.Work shall be coordinated to take place during low tides in order to prevent vehicular equipment traffic over the drainage structures, pipes, groins and/or private property. 7.The contractor shall provide a certificate of insurance that shall certify valid liability insurance coverage in the minimum amount of $1,000,000 throughout the duration of the use of the landing. (received) 8.The contractor shall provide a $20,000 bank check or bond, to be held by the Town as financial assurance of performance and to cover the potential cost of reparations of any damage to the Town’s property. (received) 9.The contractor shall be required to take and provide photographs, taken prior to the start of any construction work, showing the pre-construction conditions of the parking and landing area and the public beach. These photos shall be submitted to the Conservation Department and the Select Board’s Office. 10.All excess sand cover shall be cleared from the landing upon completion of the work and utilized to restore base-line beach profiles, if doing so would be consistent with the Order of Conditions issued by the Conservation Commission in relation to this project. 11.The Town Administrator’s office (in addition to the Conservation Commission Office and DPW) shall be notified when “on-site” phase meetings are scheduled. Advance notice of a minimum of 24 hours shall be provided to the Select Board/Town Manager’s Office, the Conservation Commission and the DPW prior to staging and commencement of work. At least one representative from the Town should meet the contractor on-site, prior to commencement to ensure adequate coordination (This meeting needs to take place before work commences). Please call me at 508-896-3701, x 1129, if you have any questions or need to relay any important information about this project. Sincerely, Conor Kenny Conor Kenny Project Manager Cc: Chris Miller, Director of Natural Resources William Grafton, Conservation Administrator Andrea Sideris, Conservation Department Assistant Griffin Ryder, DPW Superintendent Jimmy Jones, DPW Foreman I cc.sS • ..jew +,z %ail% i.iw N ft; A ie! s, astoaliodl hip euekacat a *V. farikt-11 ace eftepittakt oiew a I Cnioe Cep•_ Myricks Pond ogle -earth 268 Breakwater Rd. = Map # 4, Parcel 15 (L«l0) 217 Crocker Lane = Map # 69, Parcel 1 ( rt.! Au) a,? • Crocker Lane - Map ft 69, PaPsoi 2 257 Crocker Lane = Map # 69, Parcel 4 ( t\ cl) 347 Cracker Land — M'14ap t 69, PafeaI- 2 Centennial Drive – Suite 4D, Peabody, MA 01960 • T: 978.744.1515 F: 815.572.5022 • info@sumcoeco.com • www.sumcoeco.com • AA/EEO April 10, 2023 RE: Access Request Notification – Breakwater Beach Landing To Whom It May Concern: Please be advised that Sumco Eco-Contracting, LLC has been retained by Jane Field of 257 Crocker Lane to do sand nourishment on the seaward side of her property to recover the sand drift fence with sand. We have requested use of the Breakwater Beach Landing from the Town of Brewster to allow equipment access to the beach and the movement of sand to 257 Crocker Lane. We are required to notify you that a small tracked skid steer will be traversing the beach between the high tide and low tide lines in front of your property to deliver sand. If you have any concerns or comments please contact the undersigned, or the Town of Brewster Conservation Commission. The MDEP File Reference Number for this project is SE9-1591. The proposed date to start the work is April 24, 2023. We will complete the work within a two day period. We appreciate your review of this request and we thank you in advance for your consideration. Yours truly, David C. Lager Map Parcel Address Owner Owner Address 58 49 0 Crocker Lane Lisa Labrecque, Privacy Preservation Trust PO Box 322 Brewster MA 02631 69 138 0 Crocker Lane Lisa Labrecque, Privacy Preservation Trust PO Box 322 Brewster MA 02631 59 2 88 The Tides Ct Thomas and Maria Gordon 15 Canterbury Lane Westfield NJ 07090 58 37 0 Breakwater Town of Brewster 58 44 115 The Tides Ct David Lapidus Trustee; Fotoulia Nicole Lapidus Trustee PO Box 1997 Bookline MA 02446 59 1 90 The Tides Ct Robert & Carol Porter PO Box 111 Brewster MA 02631 58 46 116 The Tides Ct Mary Ellen Olson 12 Chapel Lane Riverside CT 06878 69 2 237 Crocker Lane Philip Davies 170 Cranebrook Dr.Holden MA 01520 69 1 217 Crocker Lane William Kerlin 715 Rosewood Lane 1840 Wisteria St. York Sarsasota PA FL 17403-5917 34239 Abutters Along Access for 257 Crocker Lane --r- Endurance Endurance Assurance Corporation License or Permit Bond Bond t EAC%4O23922 Know all men by these presents: That we, the undersigned Some° Eco-Contract ng, LLC ' as Principal (hereinafter, the "Principal") and Endurance Assurance Corporation 12890 Lebanon Road, Mount Juliet, TN 37122-2870 , a Delaware corporation authorized to transact business in the State of Massachtisetts (hereinafter the "Surety"), are held and firmly bound unto the Torun of Brewster, NA (hereinafter the "Obligee"), penal sum of the TwesiyTharand dollars $ 20,000.00 , for the payment of which sum the Principal and Surety bind themselves, their executors, administrators, successors and assigns, firmly by these presents. The condition of this obligation is such that: The Principal has rnade application for a License or Permit to the Obligee for the purposes of or to exercise the vocation of Breakwater Lardrig, Brewster, Mel.- Sad Del"rvery Asphalt Pahl Parking Area Now, therefore, if the Principal shall faithfully perform the duties and comply with all laws, ordinances, rules and regulations which have been or may hereafter he n force concerning said License or Permit, and shall save and keep harmless the Obligee from all loss or damage which it may sustain or for which it may become liable en account of the issuance of said License or Permit to the Principal, then this obligation shall be void, otherwise, to remain in full force and effect 0 THIS BOND 6 Of INDEFINITE TERM EFFECTIVE 24th day of August 2022 0 THIS BOND 6 OF DEFINITE TERM BEGINNING _ _ day of ___ AND ENDING day of but may Le extended by a continuation certificate signed by the Surety. The Surety may at any time terminate its liability by giving thirty (30) days written notice to the Obligee, and the Surety shall not be liable for any default after such thirty (30) day notice period, except for defaults occurring prior thereto. Signed, sealed and dated this 24th day of August 2022 SEAL) Er race Asrarre Corporation Principal: Sumco Eco-Contracting, LLC By: Name & Surety: Endu ncepssr}ran Corporation By.. » Name: Dan r. wil AttQrney-In-F ttorney In -Fact) Pay id1 SUR02120716 ^ SOMPO INTERNATIONAL 14502 POWER OF ATTORNEY lci'kW ALL BY THESE PRESENTS. that Endurance Assurance Corporation, a Delaware ccsporation, Endurance American Insurance Company, a C7ela►vare corporation, Lexon Insurance Company, a T�ras oo poration, and/or Bond Safeguard Insurance Company, a Scxith Dakota corporation, each, a 'Compare,' aid collectively. '•Sompo International," do hereby constitute and appoit Thomas P Durkin, Danielle M Wlga as true and lavnti Attorney(s)-k1-Fad to mete, execute. scat and delver for. and an its behalf as surety a co -surety, bends ad undertakings can for ay and al purposes. also 10 ei.le and delver al is Wham afixxesad renevrals. Barr, agreements, waivers, consents a stipulations relating to such bonds a undertakings provided, hoe/war, that m single bond a undertaking so made, executed ad delivered shah obigale the Canpahy for any portal of tie penal am thereof n excess of the agii of One Hundred Million Dollars (S1 00,000,000110). Such bands ad undertakings for said purposes, Men duly executed by said attonrey(s)an-fact shy to leg upon the Camay as fully and b the sare extent as I signed ty the Preen er k of the Carnpariy under its corporate seal affected ty its Corporate Secretary. This appointment s made under ad ty auflority of certain resolutions a iceted ty te side shareholder of each Company ty unanimous +Much connect effective the 15� day of ,June. 2019, a copy of which appears b€tow under the I rani y enticed "Certificate". This Power ci Attorney "s signed ad sealed by faeuir o o uder acid ty authority of the following resolution adopted ty the sole shareholder of each Company ty unanimous written consent effective the 't5t day of,krie, 2019 ad said rescluti n has not since been revdueel. amended or repealed: RESCLWD, that the signature of at individual named above ad the seal cite Ccrrpay may be affixed to any such paver of attorney a ay certF+cate eating thereto by farsirnie, aid ay such power el attorney or certificate bearing such facsirrale signature or shear dial be void and binding upon the Company n the future wit respect to ay bond a undertaking to vkkh t is attached. N WETI+iE=SS WHERECC, cacti Company has caused this instrument lo fs sigrhed ty the fobwlig offices, and iLs axpara a seal to be affixed this 5'" day of .Are. 2019. End_ urance Assurance Corporation Endurance American Lexon Insurance Company Band Safeguard II Insurance Company insurance Company r By; By: ' • By: Richard APPelijrarLitekTlior Counsel Richard Appel ir'P•,6.,Senior Counsel Richard Appel; =h for Counsel Richard A ppQl; SV'P-&.$eniorCoh,nsM p¢ " A • ...Icy, .:. SOUTH Ci DAKOTA • O INSURANCE , a s . COPANY •'�,.GFZP Otis _ �ry SEAL G 1996 ACKNOWLEDGEMENT Uri the 'Srn clay cif Ire, 2019. bebre rr perscnaly cane the above signatories known to rye who be duty 'ne n cud depose ad say that he/tflet!rt. l,kjcer d ea' c h of tie Companies, all that he mated sail instrument at behalf of each Corrparry by authoruy of cis ofhr under Oh y ws of eacfh Compa'Y.' . • •1,7- , CERTIFICATE • Any Taylor, fed," r r on•!llas & rs Js�9123 l the undersigned Officer of eadn C nyerry. CO FEI EBY CU -t i ll-Y that 1. That the pourer d adorney of witch the foregoing 6 a Copy was duly m beh tf of each Canpary and has not since been reveled. a veiled a moci etc that the has compared the fonecjoing copy thereof with the original power of attorney, Hey, and that the sane 's a true aid cared copy of the original power d attorney acct of tie whole thereof: 2 Tire fotaving are resolutions which were added by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked. amended or modified "RESOLVED, that each of the is civickrais named below 6 authorized to r retie, exea rte, seal and deliver for ad on behalf of tie Company ay ad at tom. undertakings or obligations n suety or red —surety with others: RJCi-'AFB M APPEL ELI .1 BEGGS. CHPJSTCPHER DC EL N, SHARON L SMS, CHRISTOPFER L SF'ARRO. WkRtANNE L %ALBERT and bet further RESOLVED, that each of the individuals rimed above is authorized to appoint fact for the purpose of making, exaerfing, sexing ad delivering blinds, u rdeatdii►os or obligations n su y cr co -surety for and m behalf of the: Ccrnpary." 3 The eider led further certifies that the above resolutions are he ad correct copies of the resolutions as so rer ed and of the wfhOfe thereof •- N WITNESS 1M -E EOF, I have hereunto set my hard ad affixed the corporate seal this 5�^""— day of_ _t�� --! 20. M,_, By Dan S. .cis ,. eta NOTK%E L". S TREASIBY C PARTMEN S OFPICE OF FORtaGN ASSETS COPJTROL, k3FAC1 rib coverage 6 provided by tie hicks nor m t te cmris led te replace a'y provisions d any surely bad cr other suety oxierage xtrvdecl. Ills Notice provides ibijcalm wig pomade inpaci an your suety w d.e lo directives bad ty CRC. Please read thus Notice carefully. The Oe d Fatic i Fss Cored (CFA} ideb. ad enforces sanctions poly, beescim Preeileridl declarations d 'Yn3fi nat ernergerore,'. CRC has deckled and'sled rxrrepas lunacy agues, front agar :m ons, terrorists, terrorist orgy n. ad rsi xis trafkkers 'Speaaty De>igrated Wen& aid Blocked Pascrnd' Ti's het an be lammed ei te Lkiad Stales Tryee ry's website- htleelleweetreasury.novft jrce-centensenclionsSDN-Lst. h ajudence wdh me I it 's de rr irked that tae cr any other person or e`tly chairing the benefits d ay coverage has violated U.S. sanderslava 6 a Designated Naiadad E*x Po rxe as idertfedt� CRC, ay coAarew vet be arsi €d a *dried cr frozen attract ad ai prcaisions cf a'y �'- provided alei i. midday ailed b CF/C. 'titian a suety turd aa her tarn of`stray coverage s arddered to lie ach a bfodual cr frozen contrail, ID repels ra 'denim refunds rrat the nett eilhott a txir¢a6 x tin CF/C. Other tinitafons m he pernirns ad peahens my also aye! Any reproductions are void. Surety Claims Submission: 1 <, n i[.I n,qdmir1i51retionre? sompo-ii-el.rom Tt r}ifrui : 615-553-9500 MatTKhg Address: Sompo International; 12690 Lebanon Read, Mount Jtdet, IN 37122211'70 Owner affirmation of responsibility for work and 5-day request for site Inspection/notice of work for Order of Conditions To: Brewster Conservation Commission 2198 Main Street BREWSTER, MA, 02631 _______________ (Date of Request for Site Inspection) Order of Conditions (SE 9-_______) - Order of Conditions recorded at the Registry of Deeds or Land Court, Barnstable County on _________________________. Location of project - Street _______________________ Assessor's Map _____ Parcel_____ I, ____________________________(Contractor), wish to schedule a site visit with an agent of the Conservation Commission to inspect the siltation barrier for this project. I would like the inspection to take place at the following date and time: . The Order was recorded at the Registry of Deeds or Land Court, Barnstable, and proof of recording was submitted to the Conservation Department for the project file. I understand that work shall commence only with approval of the Conservation Agent, and that any work activities which have commenced prior to an inspection and approval by the Conservation Commission may result in a "cease and desist" order and fine of up to $300.00 per day. The type of work is __________________________________________. (dwelling construction, sewage disposal installation, landscape work, etc.) Included with this request is a series of photos of the existing wetland edge and the installed erosion control barriers. A copy of the Order of Conditions and the approved site plan are available on the site. This form shall serve as proof that I have read and understand the terms of this Order of Conditions. Telephone Number of Contractor _______________________ Signature of Contractor __________________________________ Signature of Owner _____________________________________ This form shall serve as proof that I, the owner of the above referenced property, have read and understand the terms of this Order of Conditions, and am responsible for any violation which occurs on this property. Signature/Initial of Conservation Agent The required erosion controls were installed according to the plans approved by the Conservation Commission. Work notification and affirmation of responsibility/site visit/ forms 10/15/07 Owner affirmation of responsibility for work and 5-day request for site Inspection/notice of work for Order of Conditions To: Brewster Conservation Commission 2198 Main Street BREWSTER, MA, 02631 _______________ (Date of Request for Site Inspection) Order of Conditions (SE 9-_______) - Order of Conditions recorded at the Registry of Deeds or Land Court, Barnstable County on _________________________. Location of project - Street _______________________ Assessor's Map _____ Parcel_____ I, ____________________________(Contractor), wish to schedule a site visit with an agent of the Conservation Commission to inspect the siltation barrier for this project. I would like the inspection to take place at the following date and time: . The Order was recorded at the Registry of Deeds or Land Court, Barnstable, and proof of recording was submitted to the Conservation Department for the project file. I understand that work shall commence only with approval of the Conservation Agent, and that any work activities which have commenced prior to an inspection and approval by the Conservation Commission may result in a "cease and desist" order and fine of up to $300.00 per day. The type of work is __________________________________________. (dwelling construction, sewage disposal installation, landscape work, etc.) Included with this request is a series of photos of the existing wetland edge and the installed erosion control barriers. A copy of the Order of Conditions and the approved site plan are available on the site. This form shall serve as proof that I have read and understand the terms of this Order of Conditions. Telephone Number of Contractor _______________________ Signature of Contractor __________________________________ Signature of Owner _____________________________________ This form shall serve as proof that I, the owner of the above referenced property, have read and understand the terms of this Order of Conditions, and am responsible for any violation which occurs on this property. Signature/Initial of Conservation Agent The required erosion controls were installed according to the plans approved by the Conservation Commission. Work notification and affirmation of responsibility/site visit/ forms 10/15/07 C,_ Owner affirmation of responsibility for work and 5-day request for site Inspection/notice of work for Order of Conditions To: Brewster Conservation Commission 2198 Main Street BREWSTER, MA, 02631 April 8, 2022 (Date of Request for Site Inspection) Order of Conditions (SE 9- 1582 ) - Order of Conditions recorded at the Registry of Deeds .or Land Court, Barnstable County on _1_2_1o_s_12_0_13 _ Location of project - Street 268 Breakwater Road Assessor's Map Parcel 36-37 I, David Lager - Sumco Eco Contracting (Contractor), wish to schedule a site visit with an agent of the Conservation Commission to inspect the siltation barrier for this project. I would like the inspection to take place at the following date and time: _TB D _ The Order was recorded at the Registry of Deeds or Land Court, Barnstable, and proof of recording was submitted to the Conservation Department for the project file. I understand that work shall commence only with approval of the Conservation Agent, and that any work activities which have commenced prior to an inspection and approval by the Conservation Commission may result in a "cease and desist" order and fine of up to $300.00 per day. The type of work is _s_a_n_d_n_o_u_ri_s_h_m_e_n_t _ (dwelling construction, sewage disposal installation, landscape work, etc.) Included with this request is a series of photos of the existing wetland edge and the installed erosion control barriers. A copy of the Order of Conditions and the approved site plan are available on the site. This form shall serve as proof that I have read and understand the terms of this Order of Conditions. Telephone Number of Contractor 781-789-2382 Signature of Own e -r - ---..--?t<-= ----------------------- This form shall serve as proof that I, the owner of the above refe need property,' ave read and understand the terms of this Order of Conditions, and am responsible for an violation which occurs on this property. Signature/Initial of Conservation Agent The required erosion controls were installed according to the plans approved by the Conservation Commission. Work notification and affirmation of responsibility/site visit/ forms 10/15/07 TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION Town Landing and Public Beach Access Request Form Complete each section below and submit this Request Form to the Office of the Conservation Commission a minimum of 21 days prior to the requested start-date. Access is granted on a first come basis, and only one contractor is permitted the use of any one town landing at any given time. Check boxes are for office use. ________________________________________________________________________________ Town Landing and Public Beach Access Information  Town Landing and Beach where access is requested:Breakwater  Proposed start and finish dates: April 24-April 28, 2023  Estimated duration of work: 5 days  Attach a description of proposed work to include vehicles, equipment, and/or materials to be stored on public property overnight. Vehicle registration numbers for any equipment must also be provided. ________________________________________________________________________________ Contractor Information  Name of contractor(s) performing work: SumCo Eco-Contracting, LLC  Phone number for contractor(s): office 978-744-1515 Cell (Dave Lager) 781-789-2382  Email for contractor(s): dlager@sumcoeco.com (Dave Lager)  Address of contractor(s): 2 Centennial Drive, Peabody, MA 01960 ________________________________________________________________________________ Property Information  Address of property where work is to be performed: 268 Breakwater, 257 Crocker Lane, Brewster  Property owner(s): James Lieb, Jane Field  Phone number of owner(s):_____________________________________________________  Email of owner(s):  Conservation Permit Number for work: SE 9-1582, SE 9-1591  Submit Conservation performance bond if applicable under the Orders of Conditions  Submit sieve analysis and source information for nourishment sand  Submit sieve analysis for existing sand on the property  Submit written work notice and “before” photos of the project site TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION ________________________________________________________________________________ Attachments: *Your application will not be considered complete until all of the below are submitted.*  Site map for the property where work is to be performed (to include the access route)  Copy of abutter’s list and notification letter  Certificate of Insurance  Town Landing Use Fee of $50 (to be submitted to Town Administration Office)  Performance Bond/Bank Check for Use of Town Landing (minimum $10,000) o Funds will be returned upon successful completion of the work o To be submitted to Town Administration Office  Description of proposed work (see Town Landing and Public Beach Access Information) ________________________________________________________________________________ Work involves provision of about 20 yards of sand to nourish the two properties covered by this request form. The sand would be delivered to the Breakwater Beach Parking area and then moved by skid steer to the two properties. The work would take 1 -2 days. Brewster Conservation Trust – Town of Brewster Community Garden This License Agreement is entered into this ___ day of ______, 2023, by and between the Town of Brewster, a Massachusetts municipal corporation acting by and through its Select Board, with an address located at 2198 Main St., Brewster, MA 02631 (the “Town”), and the Brewster Conservation Trust (BCT), a Massachusetts non-profit organization acting by and through its Board of Trustees with an address located at 36 Red Top Rd, Brewster, MA 02631 (the “BCT”). WHEREAS, the BCT owns property received by donation from Ruth and Mary-Louise Eddy located at 0 Lower Road (Map 57, Parcel 59) recorded with the Barnstable County Registry of Deeds in Book 4320 Page 117 (the “Property”); and WHEREAS, the Town, through the Council on Aging requested to establish a Brewster Community Garden on the Property in 1985; WHEREAS, the Town and BCT have successfully partnered to provide this amenity on a designated portion of the Property since 1985 and seek to continue that partnership; WHEREAS, BCT maintains and utilizes the remainder of the property for conservation and limited activities such as habitat protection; public use for passive recreation (trails); outdoor education; private non-profit group events; and demonstration projects; NOW, THEREFORE, the Town and BCT agree as follows: 1.In consideration of BCT’s permission and license to the Town for use, operation and maintenance of designated portions of the Property as a Community Garden, with appurtenant access, parking and composting by Town staff and members of the community garden, in accordance with the terms of this agreement, the Town agrees and acknowledges that, to the extent permitted by law, BCT will bear no responsibility, expense or liability for such use, operation and maintenance. 2.The areas of the Community Garden, including access, parking, and composting, and the activities permitted thereon are limited to the footprints currently established and demarcated, as identified in Appendix A. Those areas will not be enlarged without BCT’s consent. 3.The Town, in conjunction with and through designated Garden Manager(s), will adopt and enforce reasonable rules and regulations regarding allotment of gardening spaces, access, operation, maintenance, and observance by users of the requirements of this agreement. 4.The Town will be responsible for maintaining the fence surrounding the garden. No additional structures will be permitted on the property without prior permission from BCT. 5.The Town will provide and maintain water service to the Property as required for operation of the Community Garden, including any necessary water valves and pipes. 6.Due to increased traffic on the property from operation of the Community Garden, the Town will assist in the maintenance of the unpaved driveway/entrance, including but not limited to grading and filling potholes as needed. 7.Establishment of a compost pile will be permitted in the currently designated area. Non-compostable material (example: plastic plant containers) should not be put in the compost pile. To reduce the probability of pests, the Town will remove the compost pile on an annual basis by October 31. 8.Use of herbicides and pesticides is prohibited. Additionally, no live trapping of pests is allowed. 9.BCT and the Town shall communicate and cooperate with each other concerning the planning of events and group activities on the Property so as to minimize scheduling conflicts. 10.BCT’s present intention is to erect and maintain an outdoor classroom pavilion and benches adjacent to the Community Garden for BCT’s use in educational programs. If these improvements are permitted, and installed, members of the Community Garden will be permitted to use them for meetings and shade as long as such uses do not interfere with BCT activities. 11.Notwithstanding the foregoing paragraph, or anything else in this Agreement, BCT acknowledges that certain discretionary permits, licenses and approvals may be required to erect and maintain an outdoor classroom pavilion and benches and it agrees that nothing herein shall be deemed to waive BCT’s obligations to apply for, obtain and comply with all such permits, approvals and conditions governing that project, and the Town does not hereby promise or guarantee that any such permits, licenses or approvals will be granted. BCT further acknowledges and agrees that, to the extent that it is required to obtain such licenses, permits and approvals from Town officials, boards and/or committees, BCT shall receive no preferential treatment as a result of this Agreement. 12.Upon notice to the Town, BCT will be permitted access to the Community Garden to address issues and/or concerns that may arise within the garden area and/or to support the proper maintenance of the property in its entirety. 13.The Town will provide a Certificate of Insurance, naming BCT and covering all activities to occur within and appurtenant to the Community Garden. 14.This License shall commence on May 1, 2023 and expire on June 30, 2033 unless sooner terminated under the provisions hereof. 15.This Agreement shall be revocable by either the Town or BCT upon written notice no less than one (1) year in advance of such revocation. 16.This License shall not be construed as creating or vesting in the Town any estate in the Property, but only the limited right of use as hereinabove stated. 17.This Agreement constitutes the entire integrated agreement between the parties with respect to the matters described. This Agreement supersedes all prior agreements, negotiations and representations, either written or oral, and it shall not be modified or amended except by a written document executed by the parties hereto. Brewster Select Board _________________________ _________________________ _________________________ _________________________ _________________________ Brewster Conservation Trust, for the Board of Trustees _______________________ President Appendix A Brewster Community Garden Map Par k i n g Community Garden Community Garden Compost Pile Proposed Outdoor Classroom Children’s Garden and shed BREWSTER CONSERVATION TRUST Box 268, Brewster, MA 02631 April i, 1985 Mrs. Jean Sears Brewster Council on Aging P. O. Box 683 Brewster, MA 02631 Re: Use of Lower Road property by Council on Aging for a community garden. Dear Mrs. Sears: The Brewster Conservation Trust (BCT) is pleased that you have requested permission to use a portion of the BCT property on Lower Road as a community garden and we are happy to permit this use. We understand that the Council on Aging intends to operate a community garden on the property and will oversee operation and administration of the project. The BCT is pleased to permit this use of its property on the following conditions: 1. BCT will not be required to bear any responsibility or expense for the project. 2. Council on Aging adopt reasonable rules and regulatons regarding operation etc. which could be similar to those used for community gardens in adjacent Towns. 3. Only the present entrance through the hedge is to be used and the portion of the field to be used is to the East (or left) of the entrance. 4. Parking to be off Lower Road to the West (or right) of the entrance. 5. Room to be left for mowing equipment to enter the field. 6. No structures other than fences allowed. 7. BCT checked with its insurance company and, since the use is changing from conservation to farming, the Council on Aging should have BCT named as an additional insured on the Town's insurance policy. A Certificate of Insurance showing this change should be obtained and forwarded to me. The BCT is pleased to allow use of a portion of its Lower Road property this season and we hope that your efforts are successful so that the community garden can be an ongoing source of enjoyment for your members. Very truly yours, Roger V. O'Day Vice President Brewster Conservation Trust cc: Miss Mary -Louise Eddy, President Brewster Conservation Trust. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 townmanager@brewster-ma.gov MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Manager RE: Proposed Charge for Reconstituted Drummer Boy Park Advisory Committee DATE: March 30, 2023 In Summer 2020, the Town received $33,000 in state grant funds through the Community Compact best practice program to develop an updated Master Plan for Drummer Boy Park. Originally purchased by the Town in 1988, the first Master Plan for Drummer Boy Park was adopted by Town Meeting in 1995 and has informed the Town’s overall approach to the property since. With these grant funds, the Town hired a consultant, CDM Smith Inc., to review the park’s condition and uses, help develop plans and designs for expanded or alternative uses, estimate costs for such plans, and conduct public outreach regarding the park’s future. To shepherd this important work, the Select Board formed an ad hoc Drummer Boy Park Advisory Committee charged with evaluating existing and potential future uses of the Drummer Boy Park property and developing an updated Master Plan to present to Town Meeting. The committee was appointed in Fall 2020. The seven (7) member committee was comprised of one (1) representative from the Recreation Commission, one (1) representative from the Council on Aging, one (1) representative from the Natural Resources Advisory Commission, and four (4) Brewster citizens at large. Given their proximity to the park and shared interest in its future use, representatives from the Brewster Historical Society, Brewster Conservation Trust, and Museum of Natural History were invited to attend and participate in the committee’s meetings on a regular basis. The committee was supported by the Natural Resources Director, the Council on Aging Director, the Recreation Director, and the DPW Director. From December 2020 through June 2021, the committee met and developed a series of schematic concept plans that culminated in the presentation of a recommended plan to the Select Board in June 2021. Office of: Select Board Town Manager The goals of the plan were to:  Preserve the character of the park and enhance the views of the bay  Collaborate with the Brewster Historical Society and the Brewster Conservation Trust in preserving the character of the complex and enhancing its use  Plan for increased use and provide additional access to and throughout the park  Identify park use areas The plan identified two implementation phases. The first focused on improving parking, pedestrian access, and stormwater infrastructure. The second identified amenity upgrades to the playground, gazebo, and replacing the storage building (old gift shop structure) with a shade pavilion. Recognizing that the Town was then in the early stages of planning for a potential elevated boardwalk to Wing Island from Drummer Boy Park via the adjacent Cedar Ridge Reserve property, that possibility was referenced in the plan. The plan was presented to and unanimously adopted by Town Meeting in November 2021. Following the Town Meeting vote, the Select Board disbanded the committee in December 2021. In May 2022, Town Meeting appropriated $75,000 to advance design and permitting for Phase I improvements as outlined in the plan. The Town hired Horsley Witten to help develop their design plans and assist with permitting. In parallel with these actions related to Drummer Boy Park improvements, the Town secured $50k in state grant funding to advance design and permitting for a new boardwalk to Wing Island and a $30k contribution from a then anonymous donor via the Brewster Conservation Trust. Town Meeting approved $50k for this project in November 2021. To ensure coordination between the two projects, Horsley Witten was hired to assist in these efforts as well. In August 2022, the Town hosted a public forum focused on conceptual plans for the Wing Island boardwalk. Many residents expressed concerns about this proposal over the ensuing months. At the same time, Horsley Witten developed conceptual plans for Phase I improvements to Drummer Boy Park, seeking to formalize parking, improve drainage, and provide better and safer pedestrian access. The anticipated costs of this work were approximately $750k. In November 2022, Town Meeting did not approve the $255k appropriation proposed by the Town for Phase I, in large part due to concerns about the connections between this work and the proposed boardwalk. Following that vote, all design work was suspended and no further action has been taken in advancing Drummer Boy Park Master Plan implementation. The Town continues to maintain the property, including making repairs to the playground. In March 2023, a Special Town Meeting was convened to act on three citizens petitions. Article 3 originally sought to rescind the Drummer Boy Park Master Plan vote by Town Meeting of November 2021. Ultimately, Town Meeting voted to refer the 2021 Master Plan to a newly reconstituted committee to be appointed by the Select Board in consultation with the Moderator who would then report back to Town Meeting in May 2024. Although this process will be led by this new committee, there is currently no funding in place to support their efforts, outside of Town staff time. For the Select Board’s consideration, I offer the following draft charge for the committee: PURPOSE: The Drummer Boy Park (DBP) Advisory Committee will re-evaluate the 2021 Drummer Boy Park Master Plan and will deliver a report to the May 2024 Annual Town Meeting. This report may include an updated Master Plan, but any such plan shall not incorporate or include any new means of access to Wing Island. The DBP Advisory Committee is an ad hoc committee. APPROACH: The DBP Advisory Committee will review the overall goals and recommendations identified in the 2021 Master Plan and will determine whether any changes are appropriate. This review process should consider other recent Town strategic planning documents, including but not limited to the Town’s recently updated Open Space and Recreation Plan. It should also account for ongoing community input regarding potential future public uses of the Sea Camps properties. The DBP Advisory Committee will conduct public outreach and solicit resident feedback in developing their report for Town Meeting. MEMBERSHIP: The DBP Advisory Committee will consist of seven (7) members to be appointed by the Select Board in consultation with the Moderator and will include: one (1) Natural Resources Advisory Commission member; one (1) Council on Aging member; one (1) Recreation Commission member; and four (4) members from the community at-large. The Select Board will make appointments to seat the new committee as soon as is practicable. The term of committee appointments will be through May 2024. The Select Board will appoint a liaison to the DBP Advisory Committee. The DBP Advisory Committee will be supported by the Natural Resources Director, COA Director, Recreation Director, DPW Director, and/or Town Administration as necessary. Non-voting representatives from the Brewster Historical Society, Brewster Conservation Trust, and Museum of Natural History will be invited to attend and participate as appropriate. Once the Select Board approves the committee’s updated charge, we will then post an announcement on the homepage of the Town website and on the Town’s social media platforms soliciting letters of interest from residents interested in serving. The Select Board will then follow their standard committee appointment policy; however, in this instance, that process will also include the Moderator in the initial screening phase. Consistent with that policy, recommended candidates will be included in the FYI section of a future Select Board packet 2 weeks in advance of formal appointment. 7«i. Y� E BRWSTER MASSACHUSETTS Published on Town of Brewster (https://www.brewster-ma.gov) Home > Residents Invited to Apply to Serve on New Drummer Boy Park Advisory Committee Residents Invited to Apply to Serve on New Drummer Boy Park Advisory Committee Following the vote at Special Town Meeting on March 6, 2023, the Select Board recently approved a charge for the newly reconstituted Drummer Boy Park Advisory Committee. This ad hoc committee is charged with reviewing and re-evaluating the 2021 Drummer Boy Park Master Plan. The committee will solicit resident feedback and will deliver a report to the May 2024 Annual Town Meeting. The committee will consist of seven (7) members to be appointed by the Select Board in consultation with the Moderator, including: one (1) Natural Resources Advisory Commission member; one (1) Council on Aging member; one (1) Recreation Commission member; and four (4) members from the community at - large. Additional information about this committee can be found here. The 2021 Master Plan can be found here. Residents who are interested in serving on this committee are invited to submit a completed application to Erika Mawn at emawn@brewster-ma.gov by May 2, 2023. Click here for application materials. Source URL: https://www.brewster-ma.gov/home/news/residents-invited-apply-serve-new-drummer-boy-park-advisory-committee 1 Town of Brewster 2198 Main Street Brewster, MA 02631 www.brewster-ma.gov Phone: (508) 896-3701 Email: brewster@brewster-ma.gov SELECT BOARD LIAISON POLICY Policy no. 62 Date adopted: July 6, 2020 Amended: ________ A. PURPOSE. Brewster Select Board members act as liaisons to Town boards, committees, and commissions to facilitate effective communication between those groups, the Select Board, and Town administration. B. LIAISON ROLE. A Select Board Liaison will: 1. Establish a working relationship with the chair of each public body to which they are assigned and be available for consultation as needed. 2. Announce board, committee, and commission activities likely to be of interest to the public during “Select Board Announcements and Liaison Reports” at Select Board meetings. 3. Participate in board, committee, and commission meetings when that participation facilitates communication and action, when feasible. 4. Provide guidance to boards, committees, and commissions to facilitate progress on activities. 5. Serve as a resource to their assigned boards, committees, and commissions. 6. Inform the Town Administrator of board, committee, or commission issues and activities that the Town Administrator should be aware of or engaged in. 7. Not be a voting member of the board, committee, or commission unless so specified. 8. Speak as an individual Select Board member when participating in board, committee, or commission meetings, and not representing the voice of the full Select Board. 9. Be included on the meeting agenda distribution list for the public bodies they are assigned to. C. APPOINTMENTS. 1. Following reorganization of Select Board leadership after an annual Town election, the Select Board Chair will make liaison assignments. 2. Select Board members will be invited to request specific assignments and the Chair will accommodate requests where possible. 3. When assignments are made, Select Board members are encouraged to contact the chair of each assigned group to inform that chair of the liaison assignment. Approved by the Brewster Select Board July 6, 2020 ___________________________ ___________________________ Mary Chaffee, Chair Benjamin deRuyter, Vice Chair ___________________________ ___________________________ Cynthia Bingham, Clerk David Whitney ___________________________ Edward Chatelain Office of: Select Board and Town Administrator Doc ID: 99467a4047b5d4552c735bf847cb784d0ebfe4dc FINAL Select Bd Appt Policy; version Oct. 28 Town of Brewster 2198 Main Street Brewster, MA 02631 www.brewster-ma.gov Phone: (508) 896-3701 BREWSTER SELECT BOARD POLICY #6 SELECT BOARD APPOINTMENTS TO TOWN COMMITTEES Date Adopted: _____ A. DEFINITIONS 1. Ad hoc committee: A committee formed for a limited period of time for a specific and temporary purpose. 2. Advisory committee: A committee that acts only in an advisory capacity to the Select Board with no authority to bind the Select Board, e.g., the Bikeways and Human Services Committees. 3. Alternate member: A committee member appointed to sit on the committee in the case of an absence, inability to act, or conflict of interest on the part of a regular member or in the event of a vacancy (Town Charter 5-3-1). 4. Appointed committee: A committee in which the members are appointed rather than elected. 5. Committee: Any multiple-member public body, including boards and commissions. 6. Elected committee: A committee in which the members are elected by town voters. 7. Public body: All multiple member committees, boards, and commissions, elected or appointed, or otherwise authorized under state law, town charter, or as appropriate, by the Select Board, to serve a public purpose. 8. Regulatory committee: A committee with financial or regulatory authority granted by state law and/or town charter, e.g., the board of health, planning board, and school committee. 9. Standing committee: A permanent committee. B. PURPOSE 1. Appointing authority. The Select Board is the appointing authority for all non- elected, multiple member committee positions. It appoints jointly with a second public body for certain elected committee vacancies (covered by a separate policy, number 6A, dated November 1, 2021). The Select Board may create and make appointments to ad hoc and advisory committees as it deems necessary. The Town Moderator is the appointing authority for certain committee positions not covered by this policy. (See Appendix A). 2. Appointment process. This policy describes the process used by the Select Board to appoint volunteers to Town committees, boards, and commissions where members are not elected. 3.Resident involvement.The Town encourages resident involvement in decision- making through participation on committees and relies on qualified volunteers Office of: Select Board and Town Administrator 11 / 01 / 2021 Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 playing active committee roles. 4. Appointment process goals. The members of a committee should be selected so as to provide the strongest possible group for the handling of any task that may arise within the province of that committee. The Select Board seeks to appoint qualified Brewster residents who are broadly representative of the demographics and experiences of residents in Town and whose skill set matches the particular committee’s needs. The Select Board aims to have balanced and diverse representation on committees wherever feasible. 5. Town employees and non-Brewster voters. Town of Brewster employees may be appointed to a committee at the appointing authority’s discretion, subject to the Conflict of Interest law and any other general or special laws. Non-Brewster voters may be appointed to certain ad hoc and advisory committees. The Select Board will explicitly identify opportunities for non-Brewster voters to seek appointment to such committees. Town employees and non-Brewster voters appointed to serve on such committees will be full voting members unless otherwise outlined in the committee charge. C. SELECTION CRITERIA 1. The applicant is registered to vote in Brewster, with certain exceptions for appointed ad hoc and advisory committees, as discussed above. 2. Successful applicants will demonstrate: a. Broad perspective and concern for Brewster’s welfare and progress; b. Familiarity with Brewster’s issues, government processes, and plans, including without limitation the Vision Plan; c. Interest in duties and responsibilities of the committee, board, or commission under consideration; d. Willingness to devote time and effort toward the committee’s work; e. Basic awareness and understanding of pertinent laws, bylaws, regulations, and policies; f. Relevant professional and/or personal experience/expertise; g. Effective teamwork and communication skills; and h. Commitment to carrying out the duties of the committee in the best interest of the Town according to applicable law and regulations and not to advance or create the appearance of advancing a personal agenda. 3. Under the Town Charter, no person who has been recalled from an office or who has resigned from office following the filing of a recall petition shall be appointed to any Town office within 2 years after such recall or such resignation (Charter 2- 12-1-G). D. REMOVAL BY SELECT BOARD FROM APPOINTED POSITION 1. Under the Town Charter, any person appointed to a multiple member committee by the Select Board may be removed by the Select Board following written notice and the opportunity for a public hearing (Charter 5-1-1-B). E. PROCESS FOR SELECT BOARD APPOINTMENTS TO NON-ELECTED COMMITTEES (See chart that follows) 1. Advertising (Responsibility: Town Administration) a. Vacancy notices are posted with guidance on how to apply. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 2. Application Initial Review (Responsibility: Town Administration) a. Applicant submits application (see Appendix B) and other materials to Town Administrator’s office. b. Upon receipt, staff reviews application for completeness and, if satisfied that the application is complete, forwards the application to the Town Clerk. 3. Eligibility Confirmation (Responsibility: Town Clerk) a. The Town Clerk notes the applicant’s voting status on the “Committee Application Screening and Action Form” and returns the form to Town Administration, who then forwards the application materials to the Select Board Liaison. 4. Screening and Recommendation (Responsibility: Select Board Liaison) a. The Select Board Liaison assigned to the committee on which a vacancy has occurred conducts applicant screening, and then submits their recommendation to Town Administration staff, using “Select Board Committee Application Screening Form” (See Appendix C). Screening activities include reviewing application materials, interviewing applicant, and conferring with the committee chair. 5.Notice of Proposed Appointment (Meeting #1)(Responsibility: Town Administration) a. For applicants recommended for appointment by the Select Board Liaison, the “Select Board Committee Application Screening Form” with the Liaison’s recommendation and application materials are published in a Select Board meeting packet at least one week prior to the meeting at which a vote on the appointment will be held. 6. Select Board Vote (Meeting #2) (Responsibility: Select Board) a. The recommended appointment is placed on Select Board meeting agenda, including the name of the candidate, if known. b. The Select Board deliberates on the recommended appointment and votes. c. A simple majority vote is required to confirm or reject the appointment. 7. Notification of Decision (Responsibility: Town Administration) a. Town Administration then notifies the applicant of the Select Board’s decision: i. If appointed, Town Administration notifies the applicant of their appointment and directs the appointee to be sworn in by Town Clerk before participating in a public meeting. The appointment certification form is forwarded by Town Administration to the appointee and the Town Clerk, along with the required Certification of Compliance with any applicable laws, including without limitation the Open Meeting Law, Public Records Law, and Conflict of Interest Law. ii. If the applicant is not appointed, Town Administration notifies the Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 applicant; other vacancies may be considered and the application can be kept on file. F. APPOINTMENTS TO AD HOC COMMITTEES (Responsibility: Town Administration and Select Board) 1. The Select Board may request the Town Administrator perform screening and make recommendations to the Select Board for appointments to ad hoc committees. 2. The same application form is used as with standing committee applications and the same two meeting publication processes will be used (though no Select Board Liaison recommendation occurs). 3. For ad hoc committees, Town Administration will evaluate applications and forward recommendations to the Select Board for deliberation and vote at a public meeting. 4. The Select Board will clearly identify opportunities that non-Brewster voters are eligible to apply for. G. RE-APPOINTMENT TO COMMITTEE (Responsibility: Town Administration and Select Board) 1. Committee members whose terms are expiring should notify Town Administration, by email or in writing, if they wish to be re-appointed no later than 30 days before the end of their term. 2. For members wishing to be re-appointed, Town Administration will notify the Select Board Liaison to the Committee and the Committee Chair. 3. The Select Board Liaison will consult with the Committee Chair and inform Town Administration of a recommendation for re-appointment. 4. If a committee member is recommended for re-appointment: i. Meeting #1: Town Administration will publish member’s request for re- appointment and re-appointment recommendation by the Select Board Liaison in a Select Board packet at least one week prior to the meeting at which a vote on re-appointment will be held. ii. Meeting #2: The recommendation for re-appointment will be placed on the Select Board meeting agenda, including the member’s name. The member’s request for re-appointment and the Select Board Liaison’s recommendation for re-appointment will be published in Select Board meeting packet. iii. A simple majority vote is required to confirm or reject the re- appointment. 5. If a member does not wish to be re-appointed, a vacancy will be added to the Town-maintained committee vacancy list. H. APPOINTMENTS TO COMMITTEES COMPRISED OF OTHER COMMITTEE MEMBERS (Responsibility: Town Administration and Select Board) 1. Certain Town Committees are formed of members representing other Town committees and departments, e.g., the Water Quality Review Board and the Brewster Affordable Housing Trust. 2. The Select Board makes appointments to these committees based on the recommendation of the contributing committee and/or applicable Town bylaws or charter provisions. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 Approved by the Brewster Select Board on: ___________________________ ___________________________ Cynthia Bingham, Chair David Whitney, Vice Chair ___________________________ ___________________________ Edward Chatelain, Clerk Mary Chaffee ___________________________ Kari Hoffmann Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 FLOWCHART: SELECT BOARD APPOINTMENT PROCESS FOR NON-ELECTED COMMITTEE VACANCIES APPLICATION: Applicant submits application to TA Office. APPLICATION INITIAL REVIEW: TA reviews application for completeness; forwards to Town Clerk. ELIGIBILITY: Town Clerk confirms applicant’s voter status (unless exempt); returns application to Town Administration. SELECT BOARD LIAISON ACTION:  Town Administration forwards application materials to Select Board Committee Liaison who: o Evaluates application materials & interviews applicant. o Confers with Committee Chair; Chair may interview applicant also. o Checks at least one local reference if needed. o Determines recommendation. IF APPLICANT RECOMMENDED FOR APPOINTMENT NOTIFICATION. Other vacancies may be considered & application kept on file. NOTICE OF PROPOSED APPOINTMENT (MEETING #1)  Select Board Liaison submits Recommendation Summary to TA.  Recommendation Summary & application materials are included in Select Board packet for review at least 1 week prior to vote. NOTIFICATION: TA notifies applicant and Town Clerk of appointment. SWEARING IN Applicant sworn in by Town Clerk and Committee service begins. SELECT BOARD VOTE (MEETING #2)  Recommended appointment is placed on Select Board agenda.  Select Board votes; simple majority vote required to appoint. ADVERTISING: Town Administration (TA) advertises committee vacancies. IF APPLICANT NOT RECOMMENDED APPLICANT IS APPOINTED APPLICANT NOT APPOINTED NOTIFICATION. Other vacancies may be considered & application kept on file. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 Appendix A Town of Brewster Committee Appointing Authorities APPOINTING AUTHORITY RESPONSIBLE FOR APPOINTMENTS TO: Select Board  All multiple member non-elected committees*  Ad hoc committees*  Town Moderator vacancy  Town Constable vacancy  Old Kings Highway Historic District Committee – 1 seat (under charter)  Housing Authority – 2 seats (state law) Select Board and Second Board with Joint Authority (see separate policy) Vacancies on elected public bodies:  Board of Health  Housing Authority  Brewster School Committee  Nauset Regional School Committee - Brewster seats  Old Kings Highway Historic District Committee  Planning Board  Recreation Committee Town Moderator  Finance Committee (all seats)  Audit Committee (1 seat)  Deputy Town Moderator  Cape Cod Technical High School Committee Brewster representatives in accordance with regional school district agreement Finance Committee  Audit Committee (2 seats) *Appointments managed under this Select Board policy. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS:  Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee’s needs.  The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board.  Please complete this form online, or on paper, and submit a résumé if desired to Erika Mawn, Town Administrator’s Executive Assistant: o Email: EMawn@Brewster-MA.gov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator’s Office or drop-box outside Town Hall.  After your application materials are received, you’ll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. ______________________________________________________________________ 1. Applicant name: 2. Address: 3. Phone Numbers: Home: Cell: 4. Email: 5. This is an application for: Full member status Alternate status 6. Are you a full-time Brewster resident? Yes No 7. Years you’ve lived in Brewster: 8. Are you registered to vote in Brewster? Yes No 9. Committees you are interested in serving on in order of preference: a. b. c. NOTE: You may attach a résumé or CV instead of completing items 10-14. Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. 11. OCCUPATION: Active Retired Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. 13. GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. 14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: 15. GOALS: Please explain why you’d like to serve on a particular committee. 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. 17. TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): a. Name: Address: Phone: Email: Relationship to you: b. Name: Address: Phone: Email: Relationship to you: Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 20. ADDITIONAL INFORMATION. Please add any additional information you’d like. 21. SIGNATURE. By signing below, you state that you understand and agree.  My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to:  Massachusetts Conflict of Interest Law, MGL Ch. 268A;  Massachusetts Financial Disclosure Law, MGL Ch. 268B;  Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00;  Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00;  Massachusetts Campaign Finance Law, MGL Ch. 55; and Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations.  If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law.  When submitted, I understand that this form becomes a public document. Signature: Date: Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii.Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 Appendix D 1. Appointment Letter Town of Brewster 2198 Main Street Brewster, MA 02631 www.brewster-ma.gov Phone: (508) 896-3701 [Date] Dear , Thank you for applying for appointment to a Town of Brewster Committee. I am pleased to inform you that on [date], you were appointed to: Your term will end: [Term end date] Please contact the Town Clerk to arrange your swearing in, which must be done prior to your participation in a committee meeting. Colette Williams, Town Clerk 2198 Main St., Brewster, MA 02631 Phone: (508) 896-4506 Email: townclerk@brewster-ma.gov Thank you for your willingness to serve our community. Sincerely, Peter Lombardi Town Administrator Office of: Select Board and Town Administrator Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 FINAL Select Bd Appt Policy; version Oct. 28 2. Non-appointment Letter Town of Brewster 2198 Main Street Brewster, MA 02631 www.brewster-ma.gov Phone: (508) 896-3701 [Date] Dear [Applicant Name], Thank you for applying for appointment on a Town of Brewster Committee. You were not selected for this appointment, however, we would like to retain your application. We would like to be able to consider you when a future committee vacancy opens that interests you, and for which your background and experience would be a good fit. Volunteers make vital contributions to our community, and we appreciate your willingness to serve. If you have any questions about committee openings, please contact the Town Administrator’s Office or visit the Town website to review openings. Phone: (508) 896-3701 Email: townclerk@brewster-ma.gov Committee Openings: https://www.brewster-ma.gov/committee-openings Sincerely, Peter Lombardi Town Administrator Office of: Select Board and Town Administrator Doc ID: fc1e0b7140b622985c36abf9b734bd7db3607883 Posted: Consent articles Art Article Name Pg.Sponsor (Presenter)Required Vote Time Vote Notes: 1 Cape Cod Tech Operating Budget 19 CCT Cmt Richard Hoffmann BOS 5-0-0 FINCOM 9-0-0 Majority 2 Elementary School Operating Budget 20 Elem Schl Cmt Katie Miller Jacobus BOS 4-1-0 FINCOM 6-2-0 Majority 3 Elementary Schools Operating Override 21 Elem Schl Cmt Katie Miller Jacobus BOS 5-0-0 FINCOM 6-2-0 Majority 4 Nauset Reg'l Schools Operating Budget 21 NRSC Tom Fitzgibbons BOS 1-4-0 FINCOM 5-3-0 Majority 5 Nauset Reg'l Schools Operating Override 22 NRSC Tom Fitzgibbons BOS 2-3-0 FINCOM 3-6-0 Majority 6 Town Operating Budget 22 SB Ned Chatelain BOS 5-0-0 FINCOM 8-0-0 Majority 7 Water Dept Enterprise Fund Operating Budget 26 SB Mary Chaffee BOS 5-0-0 FINCOM 8-0-0 Majority 8 Golf Enterprise Fund Operating Budget 26 SB David Whitney BOS 5-0-0 FINCOM 8-0-0 Majority 9 Community Preservation Act Funding 27 CPC Faythe Ellis Majority 1. Historic Preservation a. Designated reserves for Historic Preservation BOS 5-0-0 FINCOM 8-0-0 2. Community Housing a. Designated reserves for Historic Preservation BOS 5-0-0 FINCOM 8-0-0 3. Open Space a. Community Preservation Bonded Debt Service BOS 5-0-0 FINCOM 8-0-0 4. Reserves for Community Preservation a. Administrative Expense BOS 5-0-0 FINCOM 8-0-0 b. Designated for budgeted reserve BOS 5-0-0 FINCOM 8-0-0 5. Undesignated fund balance (Previious Year Carryover) a. Brewster COA accessible outdoor furnitur for freeman fields BOS 5-0-0 FINCOM 8-0-0 CPC 8-0-0 b. Brewster Town Admin: Housing Coordinator BOS 5-0-0 FINCOM 8-0-0 CPC 9-0-0 c. Friends or Relatives w/Autism & related disabilities BOS 5-0-0 FINCOM 8-0-0 CPC 7-2-0 d. Housing Asst. Corp - Orleans Affordable Housing BOS 5-0-0 FINCOM 7-1-0 CPC 6-1-1 e. Preservation of Affordable Housing - Wellfleet BOS 5-0-0 FINCOM 6-1-1 CPC 8-0-0 10 Capital and Special Projects Expenditures 33 SB Kari Hoffmann 1. Select Board a. Integrated Water Resource Mngmt Planning BOS 5-0-0 FINCOM 9-0-0 b. IWRMP: Captains Golf Course Fertilizer Study BOS 5-0-0 FINCOM 9-0-0 c. Vesper Pond Road Betterment BOS 5-0-0 FINCOM 9-0-0 2. Facilities a. Flat roof replacement (Sprice Hill)BOS 5-0-0 FINCOM 9-0-0 b. Town Hall Window Replacement BOS 5-0-0 FINCOM 9-0-0 3. Police May 1st, 2023 ANNUAL Town Meeting ~VOTES~ Called to Order at: Majority\ 2-3 for borrowing Art Article Name Pg.Sponsor (Presenter)Required Vote Time Vote Notes:~VOTES~ a. 5 Year Strategic Plan BOS 5-0-0 FINCOM 9-0-0 4. Fire a. Software & Professional Services for Developing Operating Guidelines BOS 5-0-0 FINCOM 9-0-0 5. Natural Resources a. Stony Brook Mill RetainingWall & Fishway Improvments BOS 5-0-0 FINCOM 9-0-0 b. Beach & Landing Repairs and Improvements BOS 5-0-0 FINCOM 9-0-0 c. Wildfire Management BOS 5-0-0 FINCOM 9-0-0 d. Walkers Pond BOS 5-0-0 FINCOM 9-0-0 6. Brewster Elementary Schools a. Combined Technology BOS 5-0-0 FINCOM 9-0-0 b. Combined HVAC/Plumbing/Electrical Repairs BOS 5-0-0 FINCOM 9-0-0 c. Eddy School Technology Infrastructure BOS 5-0-0 FINCOM 9-0-0 d. Stony Brook Outdoor Classroom BOS 5-0-0 FINCOM 9-0-0 e. Stony Brook Firewall BOS 5-0-0 FINCOM 9-0-0 f. Combined Security BOS 5-0-0 FINCOM 9-0-0 g. Maintenance Pick-Up Truck BOS 5-0-0 FINCOM 9-0-0 h. Stony Brook Code Compliance (Asset Study)BOS 5-0-0 FINCOM 9-0-0 7. Nauset Reg'l School District a. NRHS Annual Capital Allocation BOS 5-0-0 FINCOM 9-0-0 8. Public Works a. MS4 Stormwater Compliance BOS 5-0-0 FINCOM 9-0-0 b. Landfill Monitoring BOS 5-0-0 FINCOM 9-0-0 c. Dog Park Repairs & Maintenance BOS 5-0-0 FINCOM 9-0-0 9. Golf Department a. Distribution Infrastructure BOS 5-0-0 FINCOM 9-0-0 b. Buildigs & Treatment Facilities BOS 5-0-0 FINCOM 9-0-0 c. Water Meter Replacement BOS 5-0-0 FINCOM 9-0-0 d. Tanks Exterior Painting BOS 5-0-0 FINCOM 9-0-0 e. Hydration Station Program BOS 5-0-0 FINCOM 9-0-0 10. Cemetery a. Cemetery Improvement BOS 5-0-0 FINCOM 9-0-0 11. Brewster Ladies Library a. IT & Telephone Equipment Upgrades BOS 5-0-0 FINCOM 9-0-0 11 Free Cash Appropriations a cap stab fund b short term debt 42 SB Ned Chatelain BOS 5-0-0 FINCOM 9-0-0 Majority 12 Special Revenue Fund - Cable Franchise Fee Acct 43 SB Kari Hoffmann BOS 5-0-0 FINCOM 9-0-0 Majority 13 Bylaw Amndmnt - Community Gardens & Wetlands Funds 43 SB Cindy Bingham BOS 5-0-0 FINCOM 9-0-0 Majority Art Article Name Pg.Sponsor (Presenter)Required Vote Time Vote Notes:~VOTES~ 14 Fire Union Collective Bargaining Agreement 45 SB David Whitney BOS FINCOM Majority 15 Police Patrol Officer Collective Bargaining Agreement 45 SB David Whitney BOS 5-0-0 FINCOM 9-0-0 Majority 16 Police Superior Union Collective Bargaining Agrmnt 46 SB David Whitney BOS 4-0-1 FINCOM 9-0-0 Majority 17 Police Dispatcher Union Collective Bargaining Agrmt 46 SB David Whitney BOS 5-0-0 FINCOM 9-0-0 Majority 18 Ladies Library Union Collective Bargaining Agmnt 46 SB David Whitney BOS 5-0-0 FINCOM 9-0-0 Majority 19 SEIU Collective Bargaining Agmnt 47 SB David Whitney BOS 5-0-0 FINCOM 9-0-0 Majority 20 OPEIU Collective Bargaining Agrmnt 47 SB David Whitney BOS 5-0-0 FINCOM 9-0-0 Majority 21 Non-Union Personnel Wage Funding 48 SB David Whitney BOS 5-0-0 FINCOM 9-0-0 Majority 22 Special Act: Transfer Care,Custody,&Control Wing Islnd 48 SB David Whitney BOS 5-0-0 FINCOM 9-0-0 Two-Thirds 23 Bylaw Amndmnt - Bldg & Needs Assessment Committee 49 SB Cindy Bingham BOS 5-0-0 FINCOM 9-0-0 Majority 24 New Bylaw-Prohibiition on sale of miniature single use 49 SB Mary Chaffee BOS 5-0-0 FINCOM 7-1-0 Majority 25 Citizens Petition-Prohibition on Plastic Food Containers 50 Citizen Vic Roberts BOS 1-2-2 FINCOM 2-6-1 Majority 26 Citizens Petition-Town Mtg Apprvl Projects exceed 100,000 52 Citizen John Depuy BOS 0-5-0 FINCOM 1-6-1 Majority 27 Citizens Petition-Conditions on SB Acceptance of Gifts 53 Citizen John Depuy BOS 0-5-0 FINCOM 1-7-1 Majority Dissolve Town Meeting DISSOLVED AT: Town of Brewster Council on Aging 1673 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-2737 FAX:(508)896-7587 BCOA@TOWN.BREWSTER.MA.US TO: Select Board FROM: Sharon Tennstedt Andrea Nevins Co-Chairs, COA Advisory Board DATE: February 23, 2023 RE: Composition of COA Advisory Board We request change in the composition of the COA Advisory Board from7 members to 9 members. Several years ago, Board membership was decreased from 9 members to the current 7 members because of difficulties filling vacant positions and the resulting problem with meeting quorums. We now have expressed interest by 2-3 qualified residents to serve on the Board. More Board members would enhance our ability to support the efforts and activities of the COA, especially as we move into developing our next 5-year Age-Friendly Action Plan. Thank you for consideration of this request. cc: Elton Cutler, COA Director PC/Codebook Town of Brewster, MA CODE OF THE TOWN OF BREWSTER, MASSACHUSETTS, v31 Updated 02-01-2011 / PART I ADMINISTRATIVE LEGISLATION / Chapter 15, COUNCIL ON AGING Chapter 15, COUNCIL ON AGING [HISTORY: Adopted 5-14-1974 Annual Town Meeting, Art. 91. Amendments noted where applicable.] CODE OF THE TOWN OF BREWSTER, MASSACHUSETTS, v31 Updated 02-01-2011 / PART I ADMINISTRATIVE LEGISLATION / Chapter 15, COUNCIL ON AGING / § 15-1. Appointment of members; terms; compensation. § 15-1. Appointment of members; terms; compensation. The Selectmen shall appoint the members of the Council on Aging consisting of seven members. Three members shall be appointed for three years, two members for two years and two members for one year. Members may be appointed for concurrent terms. Members shall serve without pay. CODE OF THE TOWN OF BREWSTER, MASSACHUSETTS, v31 Updated 02-01-2011 / PART I ADMINISTRATIVE LEGISLATION / Chapter 15, COUNCIL ON AGING / § 15-2. Filling of vacancies. § 15-2. Filling of vacancies. Whenever a vacancy shall occur in the membership of the Council, by reason of death, resignation, inability to act or for any other reason, the vacancy shall be filled by appointment by the Selectmen for the period of the unexpired term. CODE OF THE TOWN OF BREWSTER, MASSACHUSETTS, v31 Updated 02-01-2011 / PART I ADMINISTRATIVE LEGISLATION / Chapter 15, COUNCIL ON AGING / § 15-3. Appointment of officers. § 15-3. Appointment of officers. The Council on Aging shall, as soon as possible after the members are appointed, and annually thereafter, at its first meeting after the Annual Town Meeting, elect from its membership a Chairman, a Vice Chairman, a Secretary and a Treasurer. Each officer shall hold office until the 1 PC/Codebook Town of Brewster, MA next Annual Town Meeting. In the event that a vacancy occurs in any of these offices, the Council shall elect one of its members to fill the vacancy. 2 Li - 137 for the operating expenses of the Brewster Architectural Commission. (By request) ARTICLE 91. • To see if the Town will vote to create a Council on Aging, in accordance with the provisions of Chap- ter 40, Section 8-B of the General Laws, and to adopt the following By -Law relative to said -Council: • Section 1. The Selectmen • shall appoint the members .of the Council on Aging' cgnsisting 'of seven (7) members.. -Three '(3) members shall be appointed for three (3) years, two. (2) members for two (2) years, and two (2) members for one (1) year. Members may be appointed for con- current terms. Members shall serve without pay. Section 2. Whenever a vacancy shall occur in the mem- bership of the Council, by reason of death, resignation, in- ability to act, or for any other reason, the vacancy shall be filled by appointment by the Selectmen for the. period of the unexpired term. Section 3. The Council on Aging shall, as soon as possi- ble after the members are appointed, and annually there- after, at. its first meeting after the Annual Town Meeting, elect from its membership a Chairman, a Vice -Chairman, a`Secretary, and a Treasurer. Each officer shall hold office until the next Annual Town Meeting. In the event that a vacancy occurs in any of these offices, the Council shall elect one of its- members to fill the vacancy. (By request) VOTED as printed above. ARTICLE 92. • To see if the Town will vote to raise and appropriate a sum of money for the use of the Council on Aging, and to act fully thereon. (By request) VOTED that the Town raise and appropriate the sum of One Thousand ($1,000.00) Dollars for the use of the Council on .Aging, and to act fully thereon. (By request) ARTICLE 93.• To see if the Town will vote to raise and appropriate the sum of Five Hundred ($500.00) Dollars to be added to the present Conservation Fund. VOTED that the Town raise and appropriate the sum of Five Hundred ($500.00) Dollars to be added to the present Conservation Fund. H 4738 Chapter .2 c) 6 of the Acts of 2022 THE COMMONWEALTH OF MASSACHUSETTS In the One Hundred and Ninety -Second General Court AN ACT ESTABLISHING A CHARTER FOR THE TOWN OF BREWSTER. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Notwithstanding any general or special law to the contrary, the following shall be the charter for the town of Brewster: Brewster Town Charter Preamble: We, the people of the town of Brewster, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of our local government, adopt this charter with the expectation and intent that the charter will continue and enhance the town's strong traditions of active voter participation; ethical, transparent and responsive leadership; wise use of public resources; respect for all in the community; and an engaged citizenry. We expect and intend that our government will be welcoming and inclusive and will promote equality and respect for all people. CHAPTER 1 POWERS OF THE TOWN Section 1 Incorporation 1-1-1 The present town of Brewster, within its corporate limits as now established, shall continue to be a body politic and corporate under the name, town of Brewster. Section 2 Scope of Town Powers 1-2-1 The town shall possess and exercise all powers possible under the constitution and laws of the commonwealth as fully and completely as though those powers were expressly enumerated in this chapter. Section 3 Form of Government 1-3-1 This charter provides for a select board -open town meeting -town manager form of government. Section 4 Construction of Charter 1-4-1 The powers of the town under this charter shall be construed liberally in favor of the town, and the specific mention of particular powers H 4738 in the charter shall not be construed as limiting the general powers of the town as stated in section 1-2-1. Section 5 Intergovernmental Relations 1-5-1 The town may exercise, consistent with the law, any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any 1 or more civil divisions, subdivisions or agencies of the commonwealth, other states or the United States government. CHAPTER 2 TOWN MEETINGS AND ELECTIONS Sedtion 1. Legislative Power 2-1-1 The legislative powers of the town shall be exercised by a town meeting open to all registered voters of the town. Section 2. Open Town Meeting 2-2-1 Business sessions of the annual town meeting shall be held on the first Monday in May and may be continued on such additional days as may be decided by the town meeting upon recommendation of the select board. There shall also be a second business session of the annual town meeting, referred to as the annual fall town meeting, held in the last 3 months of the calendar year on a date to be determined by the select board, which meeting shall be an annual town meeting for purposes of the General Laws; provided, however, that the select board may, at its discretion, cancel the fall annual town meeting not later than September 15 in any year, so long as no more than 5 citizen petitioned articles submitted pursuant to section 4 of this charter for inclusion on the warrant at the fall annual town meeting and notice of the select board's action with regard to such meeting shall be posted on the town website and principal bulletin board. The select board's decision as to whether to hold an annual fall town meeting shall not prohibit the select board from calling for a special town meeting, from time to time, at its discretion. Section 3. Warrant 2-3-1 (a) Except for procedural matters, all subjects to be acted on by town meeting shall be placed on warrants issued by the select board. (b) The date of the closure of the warrant to petitioned articles shall be set by general by-law. 2-3-2 2 H 4738 (a) In addition to any notice required by the General Laws, the select board shall: (i) post the town meeting warrant at the locations listed in subsection (b), town hall and at least 1 location in each precinct and (ii) make available sufficient copies of the warrant at the town meeting for all registered voters in attendance. (b) The select board shall, at least 1 week prior to the meeting, post the warrant for the town meeting on the town website and make the same available at town hall, and as required by general by-law or select board policy, at town facilities and other common locations throughout the town; provided, however, that failure to timely post the warrant on the website or to make such copies available no later than 1 week prior to the date of the town meeting shall not invalidate or otherwise affect the legality or validity of the actions taken at the town meeting. Section 4. Citizen Petitions 2-4-1 Any 10 registered voters of the town may secure, by written petition to the select board, the inclusion of an article for the warrant of any duly scheduled annual town meeting and not less 100 registered voters may secure the same for any duly scheduled special town meeting. 2-4-2 The select board may provide a pre -petition process whereby petitioners may seek review of proposed petitions prior to submission. Section 5. Quorum 2-5-1 The town meeting shall establish by general by-law a quorum requirement for the opening of its business, but a smaller number than the established quorum may adjourn immediately any meeting to a stated date, time and place as recommended by the select board; provided, however, that in the event of a state of emergency declared by the governor to protect the public health or safety, the quorum may be reduced in the manner set forth in section 7 of chapter 92 of the acts of 2020. Section 6. Presiding Officer 2-6-1 A moderator, who shall be a registered voter of the town, shall be elected for a 3 -year term as provided in section 2-11-1. The moderator shall preside over all sessions of the town meeting. The moderator shall regulate the proceedings, decide questions of order and make public declarations of all votes. The moderator shall have all of the powers and duties given to moderators pursuant to the Constitution of the Commonwealth and the General Laws and such additional powers and duties as may be authorized by the charter, by-law or other town meeting vote. 3 H 4738 2-6-2 The moderator shall appoint a deputy moderator for a 1 -year term who shall serve as moderator, if the moderator is absent or has a conflict. 2-6-3 If the office of moderator becomes vacant, the select board shall appoint a registered voter of the town as acting moderator. The acting moderator shall not be an elected town officer and shall serve as acting moderator until the next scheduled election of town officers. Section 7. Rules 2-7-1 Unless otherwise provided by general by-law, rules of procedure for the town meeting shall be in accordance with "Town Meeting Time: A Handbook of Parliamentary Law" published by the Massachusetts Moderators Association. Section 8. Clerk of the Meeting 2-8-1 The town clerk shall serve as the clerk of the town meeting. If the town clerk is absent, the assistant town clerk shall serve as town clerk regardless of whether such assistant is a resident or registered voter of the town. Section 9. Report 2-9-1 A journal of the proceedings of the town meeting shall be kept as a permanent record in the town clerk's office and the journal shall be a public record. Section 10. Elections 2-10-1 The annual election for the election of officers and such matters as are by law determined by ballot shall be held on the third Tuesday in May. If the annual election for the election of officers and such matters as are by law determined by ballot falls less than 2 weeks after the scheduled beginning of the spring annual town meeting, then the annual election shall be held on the fourth Tuesday in May; provided, however, that the select board may delay the date of the annual election to another date in the same fiscal year if the governor has declared a state of emergency to protect the public health or safety. If the governor has declared a state of emergency to protect the public health or safety, then the annual election shall be held on the fourth Tuesday in May or any other Tuesday in May or June as determined by the select board after consultation with the town clerk. Section 11. Elected Officers 2-11-1 The registered voters of the town of Brewster shall, in accordance with any applicable laws, general by-laws, votes of the town or 4 H 4738 intergovernmental agreement, elect the following position; provided, however, that members of multiple -member bodies shall be elected for overlapping terms: (a) moderator for a 3 -year term; (b) select board of 5 members, each for a 3 -year term; (c) school committee of 5 members, each for a 3 -year term; (d) representatives to the Nauset Regional School District school committee, as the regional school agreement shall provide; (e) board of health of 5 members, each for a 3 -year term; (f) planning board of 7 members, each for a 4 -year term; (g) recreation commission of 5 members, each for a 3 -year term; (h) historic district committee of 5 members, of which 4 members shall be elected and 1 member shall be appointed by the select board, each for a 3 - year term; (i) housing authority of 5 members, of which 3 members shall be elected and 2 members shall be appointed in accordance with the General Laws; and (j) constable for a 3 -year term; provided, however, that the authority of the elected constable in the town of Brewster shall be limited to the posting of the warrant for a town meeting or town election; provided further, that the person holding such position shall conform to any reasonable regulations concerning such responsibilities as may, from time to time, be proposed by the chief of police and approved by the select board. Section 12. Recall of Elected Officers 2-12-1 (a) Any holder of an elected office in the town may be recalled from that office by the registered voters of the town as hereinafter provided, for reasons including, but not limited to, neglect of duties, malfeasance, misconduct or inability to perform official duties; provided, however, that the question of whether the reasons stated for recall justify recall of a particular officer shall be determined solely by the voters. (b) Any 25 registered voters of the town of Brewster may initiate a recall petition by filing with the town clerk an affidavit containing the name of the officer sought to be recalled, a statement of the grounds for recall and specifying the lead petitioner. The town clerk shall thereupon make available to the lead petitioner copies of petition blanks demanding such recall, printed copies of which the town clerk shall keep available. The blanks shall be issued by the town clerk under the town seal, and be dated and addressed 5 H 4738 to the select board. The blanks shall contain the names of all the persons to whom they are issued, the name of the person whose recall is sought and the grounds for such recall as stated in the affidavit and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk. The recall petition shall be returned and filed with the town clerk within 20 days after notification by the town clerk to the lead petitioner that the recall petitions are available and shall have been signed by at least 12 percent of the registered voters of the town as of the last regular municipal election, who shall add to their signatures the street and number, if any, of their residence. The town clerk shall within 1 working day of receipt submit the petition to the registrars of voters in the town and the registrars shall, within 5 working days, certify thereon the number of signatures which are names of registered voters of the town. (b) If the petition shall be found and certified by the town clerk and board of registrars to be sufficient, the town clerk shall submit the petition with the town clerk's certificate to the select board within 3 working days and the select board shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled. If the officer does not resign within 5 days thereafter, the select board shall order an election to be held on a date fixed by it which shall be not less than 65 and not more than 90 days after the date of the town clerk's certificate that a sufficient petition has been filed; provided, however, that if any other town election is to occur within 100 days after the date of certification, the select board shall postpone submission of the question of recall to the date of such other election. No person shall be subject to recall if their term of office expires within 90 days of the certification. If a vacancy occurs in the office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section. (c) An officer sought to be recalled may be a candidate to succeed themself and, unless the officer requests otherwise in writing, the town clerk shall place the officer's name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the recall election shall all be in accordance with the provisions of law relating to elections. (d) 6 H 4738 The incumbent shall continue to perform the duties of the office until the question of recall has been acted upon by the voters. If then re-elected, the officer shall continue in office for the remainder of their unexpired term subject to recall as before, except as provided in this charter. If not re-elected, the officer shall be deemed removed and the successor shall serve the remainder of the unexpired term; provided, however, that if the successor fails to qualify within 10 days after receiving notification of election, the office shall be deemed vacant. (e) (1) Ballots used for recall shall submit the following propositions in the order indicated: For the recall of (name and title of officer). Against the recall of (name and title of officer). (2) Under the propositions shall appear the word "Candidates", the directions to the voters required by section 42 of chapter 54 of the General Laws and, beneath the directions, the names of candidates nominated in accordance with the laws relating to elections. If a majority of the votes cast upon the question of recall is in the affirmative, then the candidate receiving the highest number of votes shall be declared elected. If a majority of the votes on the question of recall is in the negative, then the ballots for candidates shall not be counted. (f) No recall petition shall be filed against an officer within 90 days after taking office, nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least 6 months after the election at which their recall was submitted to the voters of the town. (g) No person who has been recalled from an office or who has resigned from office following the filing of a recall petition shall be appointed to any town office within 2 years after such recall or such resignation. CHAPTER 3 THE SELECT BOARD Section 1. Composition, Compensation and Vacancies 3-1-1 There shall be a select board consisting of 5 members elected for 3 -year overlapping terms. The select board shall serve as the executive branch of town government. The select board shall have all of the powers, duties and responsibilities of a board of selectmen as provided in the 7 H 4738 General Laws and any regulations there under, special laws applicable to the town of Brewster and any local laws and regulations. 3-1-2 A chair, vice -chair and clerk shall be elected by the select board at the first meeting following each regular town election. 3-1-3 A quorum of the select board shall be 3 members. 3-1-4 Each member of the select board may receive an annual stipend as set forth in the general by-laws, subject to appropriation by town meeting. 3-1-5 If a member of the select board dies, resigns, is convicted of a felony while serving or ceases to be a registered voter of the town, the resulting vacancy may be filled by special election in accordance with the General Laws. Section 2. General Powers and Responsibilities 3-2-1 The select board shall exercise the powers and duties prescribed by the General Laws, this charter and the general by-laws. The select board may delegate powers and duties to the town manager or to another town board. The select board shall enforce the laws and orders of the town, including this charter. 3-2-2 The select board shall be the primary policy making, planning and goal -setting agency of the town; provided, however, that no individual member of the board, nor a majority of them, shall at any time, attempt to become involved in the day-to-day administration of the affairs of the town. The select board shall act only through the adoption of policy directives and guidelines which are to be implemented by officers and employees appointed by or under its authority. 3-2-3 The select board, following the development of the proposed budget by the town manager, shall review the annual proposed operating and capital budgets submitted by the department heads and shall make the main motion under the budget article at the annual town meeting. 3-2-4 The select board shall protect the assets of the town. 3-2-5 The select board shall approve all collective bargaining agreements of the town negotiated by the town manager, consistent with chapter 150E of the General Laws. 3-2-6 The select board shall, at least once annually, meet jointly with the finance committee, the school committee, the Nauset Regional School District school committee and the Cape Cod Regional Technical High School District school committee, or their respective designees, for the pu.cpose of sharing information. 8 H 4738 3-2-7 The select board shall be the licensing authority of the town and shall have the power to issue licenses, make all necessary rules and regulations regarding the issuance of licenses, attach conditions and restrictions thereto as it deems to be in the public interest and enforce the laws relating to all businesses for which it issues licenses; provided, however, that the board may, at its discretion, delegate responsibility to the town manager or a board created for such purposes for issuance and enforcement of any licenses. 3-2-8 The select board shall ensure that the general by-laws are kept current. 3-2-9 The select board shall be responsible to ensure that the town manager complies with the charter. 3-2-10 The select board shall approve all personnel policies proposed by the town manager in accordance with subparagraph (K) of paragraph 4-1-4. Section 3. Written Records and Communication to the Town 3-3-1 Any goal, policy, plan or official act adopted by the select board shall be in writing and included in its entirety in the minutes of the meeting at which it was adopted. The town manager shall ensure that a file containing a complete list of the select board's current policies and goals is posted on the town website for public reference. The select board shall designate to the town manager the publishing of an annual town report for each calendar year. 3-3-2 Before August 31 and after the annual town election, the select board shall hold a meeting for the purpose of stating the board's goals for the next fiscal year or years, hereinafter referred to as the annual goal setting meeting. Section 4. Powers of Appointment 3-4-1 The select board shall select and enter into a contract with a town manager. If the town manager position becomes vacant for any reason, the select board shall designate a qualified person to serve in an acting capacity. 3-4-2 The select board shall appoint, following consultation with the town manager, the fire chief, police chief and town counsel. 3-4-3 The select board shall appoint members of all multiple -member bodies, except as otherwise provided in this charter. 3-4-4 The select board may appoint ad hoc committees as it deems necessary or appropriate. Section 5. Investigatory Powers 9 H 4738 3-5-1 The select board may investigate the alleged misconduct of the town manager, any town board or any member of a town board. The select board may direct the town manager to investigate: (i) the affairs of the town; (ii) the conduct of any town department or town employee; and (iii) any claim against the town. 3-5-2 Any alleged potentially criminal matter shall be referred to the appropriate law enforcement agency. Section 6. Limitations and Public Ceremonies 3-6-1 Unless specifically provided in the General Laws, a member of the select board shall not hold any other position in town government, whether appointed or elected, paid or unpaid, that is created by the select board or town meeting; provided, however, that serving in an ex officio capacity shall not be considered a separate position for purposes of this paragraph. Service as a representative from the town to a governmental body other than the town shall not be prohibited by this paragraph. 3-6-2 The select board, and individual members thereof, shall deal with employees who are under the direction and supervision of the town manager solely through the town manager, except when the select board is conducting an investigation of the town manager under paragraph 3-5-1, in which case the employees shall contact the select board chair. Neither the select board nor its individual members shall give direct orders to any such employee. 3-6-3 Except as otherwise specified in this chapter, the select board shall be subject to the same rules as apply to all other town boards, including that members have no authority in their individual capacities except as delegated by majority vote of the select board. 3-6-4 The select board shall represent the town for all ceremonial purposes. Section 7. Code of Conduct The select board shall adopt a policy establishing a code of conduct applicable to all appointed and elected officials, which policy shall be amended from time to time at the board's discretion and any additional code of conduct adopted by another board shall be no less restrictive. Any code of conduct adopted by a board shall be posted in its office and on the town website. CHAPTER 4 TOWN MANAGEMENT Section 1 Town manager 10 H 4738 4-1-1 The select board shall by majority vote of the entire select board appoint a town manager. The method of selection shall be left to the discretion of the select board so long as the method of selection ensures orderly, nonpartisan action toward securing a competent and qualified person to fill the position. The town manager shall be chosen solely upon the basis of the individual's administrative training, education, experience and ability and need not, when appointed, be a resident of the town; provided, however, that the town manager shall establish such residence within 12 months following the effective date of appointment; provided further, that the select board may, by a 2/3 vote of the entire board, extend to a time certain the time for establishing residence or waiving this requirement. 4-1-2 The town manager shall receive such compensation as may be fixed by the select board within the amount appropriated by town meeting and according to the town manager's expertise, education and training. Any contract between the select board and the town manager shall be made consistent with section 108N of chapter 41 of the General Laws. 4-1-3 Term and Removal The town manager may be appointed for a definite term, but may be removed at the discretion of the select board by majority vote of the entire select board. The action of the select board in suspending or removing the town manager shall be final. It is the intention of this charter to invest all authority and fix all responsibilities of such suspension or removal in the select board. 4-1-4 The town manager shall be responsible to the select board for the proper administration of the affairs of the town consistent with the General Laws and this charter, and shall: (A) appoint for a term of years or, at the town manager's discretion, for an unlimited period, all town employees, including civil service positions, not otherwise addressed herein, but excluding employees of the school department; provided, however, that the town manager shall: (i) act upon recommendations from the police chief and the fire chief, respectively, for appointment of employees of the police and fire departments; 11 H 4738 (ii) consult with the appropriate department head or multiple -member body for appointment of employees of other departments or multiple -member bodies; (B) supervise, discipline, suspend or remove all appointed department heads and employees and organize and structure all town departments accordingly, except as otherwise provided in section 3; (C) administer and enforce the General Laws and special acts and all by- laws and regulations established by the select board; (D) coordinate activities of all town departments; (E) attend all sessions of the town meeting and answer all questions addressed to the town manager which are related to the warrant articles and to matters under the general supervision of the town manager; (F) keep the select board fully informed as to the needs of the town and recommend to the select board for adoption such measures requiring action by the select board or by the town as the town manager deems necessary or expedient; (G) ensure that complete and full records of the financial and administrative activity of the town are maintained and render reports to the select board as may be required; (H) be responsible for the rental, use, maintenance, repair and the development of a comprehensive maintenance program for all town facilities; (I) serve as the chief procurement officer for purposes of chapter 30B of the General Laws and be responsible for the purchase of all supplies, materials and equipment, approve the award and execute all such contracts; provided, however, that any contract over $1,000,000, or such higher amount as shall be approved by the select board from time to time, shall require approval by the select board; (J) develop and maintain a formal and complete inventory of all town - owned real and personal property and equipment; (K) propose personnel policies for approval by the select board under section 3-2-10 and administer all personnel policies, practices, rules and regulations, any compensation plan and any related matters for all municipal employees and administer all collective bargaining agreements entered into by the town; (L) fix the compensation of all town employees and officers appointed by the town manager within the limits established by appropriation and any applicable compensation plan and collective bargaining agreements; 12 H 4738 (M) be responsible for the negotiation of all contracts with town employees regarding wages and other teems and conditions of employment, except employees of the school department. The town manager may, subject to the approval of the select board, employ special counsel to assist in the performance of these duties; provided, however, collective bargaining agreements shall be subject to the approval of the select board in accordance with chapter 150E of the General Laws; (N) be responsible for the preparation and development of the financial forecast, annual operating and capital budgets and 5 -year capital improvement plan, consistent with policy guidance provided by the select board, and prepare and submit to the select board and finance committee such budget and plan, and be responsible for the administration of such budget and plan after their adoption; (0) keep the select board and the finance committee fully informed as to the financial condition of the town and make recommendations to the select board; (P) investigate or inquire into the affairs of any town department or office; (Q) have full authority to act on behalf of the town during emergencies, including the direction of town personnel, declaring states of emergency, opening the emergency operations center and shelters and the emergency expenditure of funds, and to delegate such responsibility by appointing an emergency management director, who shall be a town employee duly trained in public safety, and a deputy emergency management director to assist the emergency management director and to assume the duties of the emergency management director in the director's absence; (R) delegate, authorize or direct any subordinate or employee in the town, including an assistant town manager, if any, and subject to funding therefor, to exercise any power, duty or responsibility that the office of town manager may exercise; provided, however, that all acts performed under such delegation shall be deemed to be the acts of the town manager; and (S) perform such other duties as necessary or as may be assigned by this charter, by-law, town meeting vote or vote of the select board. 4-1-5 The town manager shall appoint as acting town manager a town employee who shall perform the duties of the town manager in the town manager's absence; provided, however, that if there is an assistant town manager serving at the time of any such absence, such person may function as the acting town 13 H 4738 manager. In the event of long-term disability or absence exceeding 14 days, or the resignation, termination or vacancy in the office of town manager, the select board shall not later than 14 days thereafter, appoint an acting town manager for the duration of any such disability or absence or until appointment of a permanent town manager. No member of the select board shall serve as acting town manager. Section 2. Town Counsel 4-2-1 The select board shall appoint a competent and duly qualified and licensed attorney practicing in the commonwealth to be the counsel for the town. Town counsel shall receive such compensation for services as may be fixed by the select board and shall hold office at the pleasure of the select board. The town counsel shall be the legal adviser of all offices and departments of the town and shall represent the town in all litigation and other legal proceedings; provided however, that the select board may retain special counsel at any time the select board deems appropriate and necessary. The town counsel shall review and concur or dissent upon all documents, contracts and legal instruments in which the town may have an interest. The town counsel shall perform other duties prescribed by this charter, by by-law or as directed by the select board. No employee, committee or board, elected or appointed, other than the select board, shall contact or otherwise interact with the town, labor or other special counsel in a manner inconsistent with the policy relative to access to counsel established by the select board. This section shall not limit the school committee from retaining its own legal counsel. Section 3. Fire, Police and Water Departments; Other Departments 4-3-1 Except as otherwise provided in this charter, there shall be a fire department consistent with sections 42, 43 and .44 of chapter 48 of the General Laws. The fire chief shall have responsibility for the day-to-day supervision of firefighters and the fire department. The fire chief shall have additional authority to place a firefighter on administrative leave with pay, or discipline or suspend a firefighter, for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such suspension. When the town manager intends to take action under clause (B) of subsection 4-1-4 of section 1 with respect to subordinate members of the fire department, the town manager shall consult with the fire chief before taking such action. 4-3-2 Except as otherwise provided in this charter, there shall be a police department consistent with section 97A of chapter 41 of the General 14 H 4738 Laws. The police chief shall have responsibility for the day-to-day supervision of police officers and the police department. The police chief shall have additional authority to place a police officer on administrative leave with pay, or discipline or suspend a police officer, for a period of no more than 5 days and shall provide the town manager with written notification upon implementation of such suspension. When the town manager intends to takes action under clause (B) of subsection 4-1-4 of section 1 with respect to subordinate members of the police department, the town manager shall consult with the police chief before taking such action. 4-3-3 (a) There shall be a water department under the supervision of a water superintendent. The department shall have all of the powers, rights and duties to be exercised by a water commission under the General Laws and special laws, except as otherwise provided herein. The water superintendent shall be responsible for the efficient exercise, performance and coordination of the department. Any exercise by the department of the authority of water commissioners with respect to acquisition or disposition of land shall be approved by the select board prior to any such acquisition or disposition of land. The superintendent shall report to the town manager as to the doings of the office at such times as the town manager may require. (b) The water superintendent shall supervise and direct the operations and employees of the department in accordance with the town's personnel by- laws and any applicable collective bargaining agreements. The water superintendent shall be especially qualified by education, training and experience to perform the duties of the office and shall have such other qualifications as may be required from time to time. While employed by the town, the water superintendent shall not engage in a business or occupation falling within the jurisdiction of the water department, unless approved in advance by the town manager with the concurrence of the select board. Unless specifically provided in the General Laws, the water superintendent shall not hold any other position in town government, whether appointed or elected, paid or unpaid, that is created by the select board or town meeting; provided, however, that serving in an ex officio capacity shall not be considered a separate position for purposes of this subparagraph. Service as a representative from the town to a governmental body other than the town shall not be prohibited by this subparagraph. The water superintendent need not be a resident of the town during their tenure. 15 H 4738 (c) There shall be a water commission consisting of 3 members to be appointed by the select board for alternating, overlapping 3 -year tetuis. The commission shall be responsible for setting water rates, making budget recommendations and providing advice and support to the superintendent with respect to other policy matters on which the commission may be consulted and which falls within the jurisdiction of the water department. The water commission shall recommend priorities and policies to govern the provision of water in the town, and, with the concurrence of the water superintendent, may adopt policies and regulations to carry out the same. CHAPTER 5 TOWN BOARDS/COMMISSIONS/COMMITTEES Section 1. Appointed Boards and Committees 5-1-1 (a) In addition to any boards and committees specified in this charter, boards and committees may be created by adoption of by-laws, by town meeting vote or a vote of the select board. A list of any such boards and committees, specifying the number of members, terms of office, if any, and listing their respective charges, shall be maintained in the office of the town clerk and, within 10 business days after the creation of the board or committee, posted on the town website. (b) Notwithstanding any other provision of this charter or General Laws to the contrary, any person appointed to a multiple -member body may be removed by their respective appointing authority following written notice and the opportunity for a public hearing; provided, however, that failure to reappoint following the expiration of an appointed term shall not constitute removal. Section 2. Moderator Appointments 5-2-1 The moderator may appoint members of the boards, committees and commissions established under this section or as may be authorized by by-law, town meeting vote or regional school district agreement. Appointments made by the moderator shall each be for a fixed term and such appointments shall not be subject to review or confirmation by any other person or group. 5-2-2 (a) There shall be a finance committee which shall be consisting of 9 residents of the town who shall be appointed by the moderator, shall serve without pay and shall hold no other town office or employment; provided, further, that each member shall serve for a 3 -year term beginning on July 1 16 H 4738 and terminating on June 30 of the third year following appointment. Vacancies on the committee shall be filled by the moderator for the remainder of the unexpired term. A member of the finance committee shall not hold any other position in town government, whether appointed or elected or paid or unpaid, that is created by the select board or town meeting; provided, however, that serving in an ex officio capacity shall not be considered a separate position for purposes of this paragraph. (B) The finance committee shall consider all the articles in any town meeting warrant and report to the town meeting its recommendations by posting the same on the town website and in any other manner it deems appropriate. Following the drawing up of the warrant for a town meeting, the select board shall forthwith forward the warrant to the members of the finance committee. The finance committee shall annually prepare for the annual town meeting a comprehensive summary of the current condition of the town's finances. (C) To carry out the finance committee's duties, the finance committee may investigate the books and accounts of any town department. The finance committee and the individual members thereof shall deal with employees who are under the direction and supervision of the town manager solely through the town manager. Neither the finance committee nor its individual members shall give direct orders to any such employee. Section 3. Alternate Members of Certain Multiple -Member bodies 5-3-1 The select board, following consultation with a committee, commission or board elected under clause (c), (e), (f), (g) or (h) of subsection 2-11-1 of section 11 of chapter 2 may appoint not more than 2 alternate members to serve for terms of 1 or 2 years. The chair of each committee, commission or board to which alternate members have been appointed may designate an alternate member to sit on the committee, commission or board in the case of absence, inability to act or conflict of interest on the part of any member of the committee, commission or board, or in the event of a vacancy. Any vacancy arising in the alternate position shall be filled in the same manner as the original appointment for the remainder of the unexpired term. 5-3-2 Alternate Members of Appointed Boards The appointing authority may appoint not more than 2 alternate members to boards, committees or commissions established pursuant to paragraph (a) of subsection 5-1-1 of section 1 for terms of 1 or 2 years. The chair of each board to which alternate members have been appointed may designate an alternate member to sit on the board in the case of absence, to 17 H 4738 act or conflict of interest on the part of any member of the board, or in the event of a vacancy. Any vacancies arising in the alternate position shall be filled in the same manner as the original appointment for the remainder of the unexpired term. Section 4. General Provisions Applicable to Multiple -Member Bodies 5-4-1 Except as otherwise provided in this charter, each multiple -member body set forth herein or established pursuant to paragraph (a) of subsection 5-1-1 of section 1 shall be organized and charged with, as applicable, the powers and duties specified in any general or special law or in any by-law, town meeting vote, vote of the select board or as otherwise provided herein. 5-4-2 Each multiple -member body shall elect a chair, vice chair and clerk, and shall cause the select board and the town clerk to be notified of its selection. Such elections shall be taken up at the first meeting after the election for all elected boards, at the first meeting after annual appointments are made or at the first meeting of a new board or committee. All boards and committees created under this chapter or by by-law, shall make a written annual report of their activities to the select board in accordance with subsection 3-3-1 of section 3 of chapter 3. 5-4-3 Resignation The resignation of any elected town officer under subsection 2-11-1 of section 11 of chapter 2 or any appointed multiple -member body created by this charter or by by-law under clause (a) of subsection 5-1-1 of section 1 shall be deemed effective when such resignation is filed with the town clerk or at such later time as may be specified in the filed resignation. 5-4-4 Excessive Absences; Loss of Appointed Office For the purpose of this charter, 3 consecutive absences from meetings of an appointed member of a multiple -member body shall be considered a reason for removal. Under such circumstances, the chair of the multiple -member body may notify the appointing authority and the appointing authority may remove the member pursuant to clause (b) of subsection 5-1-1 of section 1 and notify the town clerk in writing that the position has been vacated. Section 5 Cape Cod Regional Technical High School District School Committee and Other Regional Entities 5-5-1 Members of the Cape Cod Regional Technical High School District school committee shall be appointed or elected in accordance with the regional school district agreement as it may be amended from time to time. 18 H 4738 5-5-2 Election or appointment to other regional entities shall be in accordance with an applicable intermunicipal agreement for such purposes. CHAPTER 6 FINANCIAL PROVISIONS Section 1 Budget Schedule 6-1-1 Annually, before December 1, the town manager shall establish and issue a budget schedule that shall set forth the calendar dates for developing the annual budget for the next fiscal year. 6-1-2 On or before December 15, the town manager shall present a financial forecast to the select board. Thereafter, the select board shall set guidelines for the preparation of the annual budget. 6-1-3 On or before February 15, the town manager shall submit to the select board a proposed line item budget and accompanying message. Section 2 Proposed Budget 6-2-1 The budget shall provide a complete financial plan of all town funds and activities, including details on debt and debt service, anticipated income and proposed expenditures. 6-2-2 The budget message shall begin with a clear general summary of its content and explain, in both fiscal terms and program objectives, the proposed expenditures for each department and the projected tax rate. Section 3 Budget Adoption 6-3-1 The town meeting shall adopt the annual operating budget, with or without amendments, before the beginning of the fiscal year, except in the event that the governor has declared a state of emergency to protect the public health or safety and the town meeting cannot complete its business as a result thereof. Section 4 Capital Planning 6-4-1 The town manager shall prepare a 5 -year capital improvement plan identifying proposed capital outlays or acquisitions in excess of $10,000 or such other sum as shall be determined by the select board for any 1 project, whether it be spent in 1 year or over several years. The town manager, in the town manager's sole discretion, may appoint a committee to assist the town manager with preparation of the plan. 6-4-2 (a) The capital improvement plan shall include all town activities and departments. Proposed capital expenditures for regional entities shall be 19 H 4738 consistent with the regional or intermunicipal agreement establishing such entities. (b) The capital improvement plan shall include a list, by department, of all proposed capital improvements to be undertaken during the next 5 fiscal years and shall include cost estimates, methods of financing and time schedules. This information shall be revised and extended on an annual basis. 6-4-3 (a) The capital improvement plan shall be submitted to the select board by February 1 of each year. (b) The select board shall, after providing 7 days' notice in the manner required by section 20 of chapter 30A of the General Laws and applicable regulations, hold a public hearing on the capital improvement plan. The select board shall make the capital improvement plan available for public inspection. 6-4-4 The select board shall prepare and submit to each annual town meeting a summary of the capital improvement plan, identifying all proposed capital expenditures for the next 5 years estimated to cost $100,000 or more, or such other amount as the select board shall determine from time to time and which shall include the fiscal year in which it is anticipated to be expended, the amount and its anticipated source of funding. Section 5. Annual Audit 6-5-1 At the close of each fiscal year and at such other times as may be deemed necessary, an independent audit shall be undertaken of all accounts of the town by a certified public accountant. The audit committee created by by-law, if any, or in the absence thereof, the select board, shall solicit a firm or firms for such puLposes. The certified public accountant so selected shall have no personal interest, directly or indirectly, in the financial affairs of the town or any of its offices. Upon completion of the audit, the results shall be reviewed by the audit committee, if any, and by the select board and the finance committee. The results, in summary form, shall be placed on file in the office of the town clerk and on the town website as a public record and shall be available in the public library for public information. CHAPTER 7 BY-LAWS AND CHARTER - ADOPTION, AMENDMENT AND PERIODIC REVIEW Section 1. By-laws 20 H 4738 7-1-1 By-laws may be proposed by warrant article consistent with the General Laws and this charter. 7-1-2 Adoption and amendment of by-laws shall be approved in accordance with applicable General Laws. 7-1-3 The select board shall ensure that the by-laws are reviewed and prepared for any necessary revisions at least once every 10 years. 7-1-4 The town clerk shall codify and republish the by-laws from time to time as may be reasonable and such by-laws shall also be posted on the town website. 7-1-5 All special acts, by-laws, town meeting resolutions, and rules and regulations of the town in force at the time this charter takes effect, not inconsistent with this charter, shall continue in full force and effect. Section 2 Charter 7-2-1 Amendments to the charter may be approved by any means available pursuant to the Constitution of the Commonwealth and the General Laws; provided, however, that if such amendments are to be acted upon by town meeting in accordance with section 10 of chapter 43B of the General Laws, the select board and finance committee shall present their recommendations to town meeting for consideration upon any such proposed amendment. 7-2-2 The select board shall appoint a committee of not less than 5 nor more than 9 members to review the charter at least once every 10 years, such that review of the charter shall begin 5 years after the by-law review provided for in section 7-1-3 and shall provide recommendations, if any, to a subsequent town meeting with respect to such review. SECTION 2. All town of Brewster by-laws, resolutions, rules and regulations and votes of the town meeting in force at the time the charter established pursuant to section 1 takes effect, that are not inconsistent with this charter shall continue in full force and effect. If any provision of the charter established in section 1 conflicts with any of the by-laws, rules and regulations, orders or special acts or acceptances of laws of the town, the charter provisions shall govern. All town by-laws, rules and regulations, orders and special acts of the town not superseded by the charter established in section 1 shall remain in full force and effect. SECTION 3. All persons appointed or elected to offices, boards, commissions and agencies in the town of Brewster on the effective date of this act shall continue to perform the duties thereof until they are reappointed or re-elected or until successors to their respective positions 21 H 4738 are appointed or elected or until their duties have been transferred and assumed by another town office, board, commission or agency. SECTION 4. Any person holding an office or a position in the administrative service of the town of Brewster or any person holding permanent employment under the town on the effective date of this act shall retain their office, position or position of employment and shall continue to perform the duties of their respective office, position or position of employment until provision has been made for the performance of those duties by another person or agency; provided, however, that a person in the permanent service of the town shall not forfeit their pay grade or time in the service of the town as a result of the adoption of the town charter. Nothing in this section shall provide a person holding an administrative office or position or a person serving in the employment of the town on the effective date of this act with any greater rights or privileges with regard to that person's continued service or employment with the town than that person had before the effective date of this act. Nothing in this section shall impair the rights of any person under an individual employment contract or collective bargaining agreement. SECTION 5. All records, property and equipment of a office, board, commission, committee or agency or part thereof of the town of Brewster, the powers and duties of which are assigned in whole or in part to another town office, board, commission or agency by this act shall be transferred forthwith to the office, board, commission or agency as so assigned. SECTION 6. All official bonds, recognizances, obligations, contracts and other instruments entered into or executed by, on behalf of or to the town of Brewster before the effective date of this act, and all taxes, assessments, fines, penalties and forfeitures, incurred or imposed or due or owing to the town of Brewster, shall be enforced and collected and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue without abatement and remain unaffected by the adoption of the charter in section and no legal act done by or in favor of the town shall be rendered invalid by reason of the passage of this act. SECTION 7. To provide for the transition to reduce the terms of all planning board members of the town of Brewster from 5 -year terms to 4 -year terms, at the next regular election following at least 64 days after the effective date of this act, 1 planning board member shall be elected for a 1 - year term, 1 planning board member shall be elected for a 2 -year term and the expiring term shall be placed on the ballot for a 4 -year term. The expiring 22 H 4738 term shall appear on the ballot with instructions to vote for 1 candidate; provided, however, that if the incumbent is running for the office, the incumbent shall have the words "candidate for re-election" next to their name. The 2 -year term and the 1 -year term shall appear together on the ballot with instructions to voters to vote for 2 candidates, with the longer term going to the candidate with the most votes. Following the effective date of this act, the term of the planning board member most recently elected shall be reduced from 5 years to 4 years. Thereafter, all planning board members shall be elected to alternating 4 -year terms, with no more than 2 terms expiring each year. SECTION 8. This act shall take effect upon its passage. ENDORSEMENT FOLLOW ON PAGE 24 23 H 4738 Passed to be enacted, Passed to be enacted, House of Representatives, January 3 , 2023. -7 e In Senate, January r, 2023. Approved, o'clock and rminutes, Governor. Speaker. , 2023. , President. r embersh p Membership in CORD is open to anyone who supports the purpose of the organiza- tion. Members who pay dues are entitled dis- counted admission to CORD's events. CORD is a 50I (c)(3) non-profit organization. CORD Mailing ►Lost and Dues Please fill out and return the form below if you want to be on the CORD mailing list and/or would like to become a dues -paying member to provide support to CORD or go directly to wwwocordcapecod orL to sign up. Ot's easy! Yes, I want to pay my annual Gold membership dues of more than $20. Yes, I want to pay my annual Silver membership dues of $20. Yes, I would like to be a Bronze member and this is what 1 am able to give $ Please accept the enclosed donation. Please add me to the mailing list. Name: Address: Phone: Email: Mail to: 765 Attucks Lane, Hyannis, MA 0260I O CORDD Members Work on Systemic Advocacy 0ssje Among many victories, CORD has helped to establish the CommonHealth insurance program, battled for the ADA, and has been in the forefront of campaigns for improved PCA services, accessible transportation, and establish- ment of the state's Home Modification program. CORD members regularly speak out for accessible and affordable housing, access to health care, and equal rights in education. Your may wart to contact CORD W: You want to learn about education- al rights of children with disabilities; You have a disability and need infor- mation on employment, benefits, housing, disability services and rights; You are an individual, a community agency, or a business in need of technical assistance regarding the ADA; o You or a family member want to leave an institution, such as a nursing home, to pursue a more independent life. CORD attempts to maintain a scent -free environ- ment that is safe and comfortable for all. You are asked to refrain from wearing scented products when visiting the CORD office. -cord CORD has been aggress ve0y,? working since 0 984 to advance tie independence, productivity, and integration of peop0e with disabi0ities into mainstream society. 765 Attucks Lane Hyannis, MA 02601 508-775-8300/1-800-541-0282 (both ;#'s V/T3-Y) cordinfo©cilcapecod.org www.cordcapecod.org CORD is a 50I (c)(3) non-profit organization and does not charge a fee for its services. CORD welcomes donations to help fund its programs and advocacy efforts. Mission Statement The purpose of the organization is.to advocate for the rights of people with disabilities and to promote a barrier -free environment for all. The organization shall also provide independent living services to people with disabilities. no 765 Atii;u cio Lane, [Hyannis, MA 02601 d o epptor , _, . _ �oG(col s�,���cotr oor�o Roldivd u d Ser ukces liI/ern COED CORD's Independent Living (IL) pro- gram works with people with any disability of any age and income and aims to empower the consumer. Ser- vices, which are consumer -controlled, include: Information and Referral, In- dependent Living Skills Training, Peer Support, Advocacy and Transition Services. r--- _ Community Servicz,s CORD provides free presentations and technical assistance on disability rights and laws to businesses, organi- zations, and the general public. R a os Prevention CORD, in partnership.with Independ- ence House, is working to reduce sexual violence against people with disabilities by educating the communi- ty on making changes to facilities and policies. This joint project is funded by a grant by the Department of Public Health. Ari1axo together to form the o,;f°e,:ge0.20e, Igilenullo ADRC of Cape Cod and the Islands, a "no wrong door" point of service for people with disabilities and el- ders. Youth :Services Transition to L dullithood Program (TAP) CORD's TAP works with students who are transitioning from Special Education to the community. Work Readiness a,nei Preparation CORD's WRAP works with youths with disa- bilities to prepare there for work by providing workshops and internships. Options o irtze,iiiroa Options Counseling provides short-term de- cision support on long -term -car, service op- tions to people with disabilities over the age of 18 and to anyone over the age of 60. Op- tions counseling is a service of the ADRC of Cape Cod and the islands. CORD 765 Attacks Lane, Hyannis, MA 02601 508-775-8300/ 1--800-541-0282(both #'s V/ i I Y) cordin o©cilcapecod.org WWW.cordcapecod.org CORD and Elder Ser- vices of Cape Cod and the Islands have joined What is Owdepernden Living? I Independent living is having control over your life. This means being able to choos ar d control the decisions and directions fo- your life to the greatest extent possi- ble. People with disabilities have histori- caAy been denied the right and opportune ty to make their own decisions. ckAr'rnsat GHQ C6rfL er s u o GP [Independent Loving? C; nters for Independent Living (CIL's) are private, non-profit, consumer - co li:rolied organizations that provide set vices and advocacy by and for people whh all types of disabilities. The goal of a is two -fold: to create opportunities for independence and to assist people wic' disabilities in achieving their maxi- MU:TO level of independence. CORD is the CII_. serving Cape Cod and the Islands. II e O' Si emit ca procedure If you're unable to communicate your emergency for any reason, you can indicate your need for help by pressing digits on your telephone's keypad. If you're unable to communicate your emergency for any reason, you can indicate your need for help by pressing digits on your telephone's keypad. Silent call procedure The Silent Call Procedure If you need to call 9-1-1 and you are unable to speak for any reason, once the call is answered: Press if you need polioe If you need site. , if you reed 2n .3mbi iTnte ;i� II the 9±1 - J dispatcher asks questions, press For NO Once you've dialed 9-1-1 and an operator has answered, you can press: • 1 if you need police • 2 if you need fire services • 3 if you need an ambulance If you're asked a question during the call, you can press: • 4 to respond yes O 5 to respond no Say what?: Language can empower people. Language can oppress people. When speaking of people with disabilities, put the person first. A disability is just one part of a person's life. Don't say... Retard, retarded Blind person Handicapped Epileptic Crippled or lame Mute Fit Crazy, nuts Wheelchair bound Special needs Say this instead... Person with an intellectual or cognitive disability Person who is blind or has a visual impairment Person with a disability Person with epilepsy or a seizure disorder Person with a physical disability Unable to speak Seizure Person with a mental illness or psychiatric disability Person who uses a wheelchair or is a wheelchair user Disability —Special needs is used to describe children receiving special education, not adults. Say it ain't so! Are you still using insulting, outdated or pitying terms? "That's retarded!" "Don't be mental." "You're nuts ! " "She's so brave." "He's handicapped." "Spaz!" "You're an inspiration." "Deaf as a doorknob." "Confined to a wheelchair:" "Blind as a bat." "Afflicted" "Suffers from" feed sorry for people like that." "What are you, deaf?" "What's wrong with your kid?" "Wheelchair bound" "Drives me crazy!" c Retard ! " "Crippled" "He's not normal." "Are you blind?" "Lame" "slow" Cape Organization for Rights of the Disabled (CORD) 765 Attucks Lane Hyannis, MA 02601 508-775-8300/800-541-0282 (both numbers v/tty) www.cilcapecod.org Report of the AGRICULTURE COMMISSION The Agricultural Commission, established in 2005, serves the agricultural interests of Brewster: • Farming in all its branches, the cultivation and tillage of the soil • Dairying • Production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural, viticultural or horticultural commodities • Growing/harvesting of forest products on forest land, lumbering • Raising livestock, including horses • Keeping horses as a commercial enterprise • Keeping, raising poultry, swine, cattle, ratites, camelids, other domesticated animals for food, Ag purposes, bees, fur animals. FEDERAL: The Natural Resources Conservation Services: provides technical and financial help to agricultural land owners to plan and implement conservation practices that benefit target species. It has funding to help protect and restore wetlands and buy Agricultural Land Easements. STATE: Mass Dept. of Agriculture (Ag) Resources (MDAR): Works to ensure the long-term viability of agriculture: Ag Conservation & Tech Assistance, Ag Markets, Animal Health, Crop and Pest Services to support, regulate, enhance the rich diversity of agriculture and promote economically, environmentally sound food safety, animal health, energy conservation and production.$28.5 Million will be available for FY24 Food Security Infrastructure Grants and $7 Million for Local Food Purchase Assistance Cooperative Agreement Grants. MassGrownWellness (MGW): is a new program to address the mental health and wellness needs of those within the Mass agricultural community. The program specifically targets issues directly impacting farmers such as financial difficulties, depression, and others. FY2023 Climate Smart Agricultural Program (CSAP) AgEnergy Grant Awards: Twenty-three grants totaling $750,000 were selected for awards as part of MDAR’s FY2023 CSAP AgEnergy section. The projects included solar power, maple syrup efficiency projects, dairy and farmstand energy efficiency measures, LED lighting upgrades, greenhouse thermal curtain installation and all-electric refrigeration vehicles. The MassGrown Exchange: Connects buyers with fruit and vegetable farms, flower growers, fisheries, food suppliers, and more. Mass schools are set to receive $3.5 million dollars to spend exclusively on local, unprocessed, or lightly processed foods. This one-time USDA funding will be available to schools beginning in the spring of 2023 and schools will have 18 months to spend the funds, a great opportunity for MA producers. Agricultural Preservation Restrictions (APRs): This Program, one of the oldest and most active farmland preservation programs in the country, preserves agricultural land by offering to pay farmland owners the difference between the "fair market value" and the "agricultural value" of their farms in exchange for a permanent deed restriction, protecting future Ag viability. Massachusetts Animal Fund: addresses animal homelessness, spaying and neutering, and training of Animal Control Officers. Collecting over $3.8M since 2014 to provide assistance to local animals in need, the no-cost spay/neuter and vaccination program has reached over 16,000 homeless cats and dogs and animals owned by low-income residents. One out of every six of the animals assisted needed urgent services for life-threatening medical conditions or relinquishment prevention so that they could stay with their families. Highly Pathogenic Avian Influenza (HPAI): HPAI has been detected in wild birds in Mass. All domestic poultry in Mass may be at risk. For information call 617-626-1795. Protect Your Horse Against Mosquito-borne Disease: Eastern Equine Encephalitis (EEE) and West Nile Virus (WNV) spread by mosquitos, can cause fatal neurologic disease in horses. Mass is currently dealing with an unprecedented level of EEE in mosquitos.MDAR is partnering with veterinarians to offer discounted EEE/WNV vaccinations for owners with financial need. . Apiary Updates: Mass has a large, diverse beekeeping industry, with 4-5,000 beekeepers managing 40-45,000 hives. Over 45% of agricultural commodities in Mass rely on bees for crop pollination. Check out the 2023 state Apiary and beekeeping workshops at mass.gov/agr. State Agricultural Officials Urge Residents to Check Plants for Spotted Lanternfly: Check for signs of spotted lanternfly and report any potential sightings of this pest on MDAR’s online reporting form by taking photographs and collecting a specimen if possible. Look for large, gray insects, about one inch long, with black spots and red underwings. Early detection is important in the protection of the economic and ecological resources of Mass from invasive species. They have been discovered in Shrewsbury, Springfield, and Worcester. For questions, to order free educational materials, or for information on free webinars contact MDAR at slf@mass.gov. Spotted Lantern Fly Climate Smart Agricultural Program (CSAP): MDAR funded over $1.8M in 2022 under the CSAP to provide financial incentives to agricultural operations for practices that work towards improving soil health, the efficient use of water, preventing impacts on water quality, reducing greenhouse gas emissions, sequestering carbon, improving energy efficiency and facilitating clean energy, all helping Ag adapt to climate and mitigate climate change. Forest Pest Risk is Heating Up with Climate Change: bringing pests to new areas, making pests more damaging, reducing trees’ defenses, and altering how forests recover after pest disturbances. Managing impacts will help promote more resilient forests that can rebound from pests, better adapting to our future climate. Marijuana & Hemp: The Cannabis Control Commission has marijuana jurisdiction with one exception, Industrial Hemp, now under MDAR. A non-psychoactive marijuana species, Industrial Hemp contains less than 3% THC, the compound that makes marijuana psychoactive. Marijuana establishments in Mass have now  surpassed $4 billion in gross sales since 2018. BARNSTABLE COUNTY: Cape Cod Cooperative Extension Service: focuses on agriculture, marine research, horticulture, aquaculture, natural resources, tick-borne disease, water quality, youth development, recycling, household hazardous waste, environmental education, and the Buy Fresh Buy Local Program, buyfreshbuylocalcapecod.org. Ticks: Lyme disease, the most prevalent infectious disease in Mass, is considered a year-round public health crisis. Deer Ticks can also carry Babesiosis, Anaplasmosis and Relapsing Fever. Lone Star Tick populations are expanding and carry their own diseases. Lone Star bites may result in a red meat allergy. Watch Larry Dapsis, the County Entomologist’s Tickology YouTube series. *Use a 3-Point Protection Plan: Protect Yourself, Protect Your Yard, Protect Your Pets. “One bite can change your life, but tick-borne diseases are preventable.” Permethrin is the only product that provides effective, long-lasting protection: applied to clothing, including footwear, NOT skin. It repels and kills ticks. ldapsis@barnstablecounty.org Tick Testing: The UMass Laboratory of Medical Zoology is unable to accept samples for tick testing at this time. Contact: https://ag.umass.edu/resources/tick-testing-resources. Meet Your Local Farmers: Each year the Harwich Conservation Trust and Cape & Islands Farm Bureau have sponsored local farmers to exhibit products and promote farms to start off the growing season. The 2022 market was postponed due to the pandemic. BREWSTER: Farmers Market: The Historical Society’s Farmer’s Market, next to Drummer Boy Park, thanks you for your participation in its 2022 curbside market. It was eventually canceled in July with very little produce from farms. The BHS did hold their very popular Harvest Bazaar in October. Aquaculture: The Brewster Aquaculture Association: Oysters: There are 10 active sea farms continuing to produce that delectable bivalve the “Brewster Oyster”. Oysters filter up to five liters of water per hour removing plankton and other nutrients. The Bay environment with its pristine waters creates the distinct flavor of the Brewster American Oyster, a definitive "bite". Three years of sorting/sizing/transplanting produces an oyster, larger than the state minimum. Size, plus a defined cup, sets the “Brewster Oyster” apart. Approx. 864,000 oysters were commercially harvested in 2022, 11.3% lower than 2021. Growers reported issues with biofouling, a shortage of oyster seed, winter mortality, and slow growth. Shellfish from Massachusetts and Washington can now be exported to the EU. In 2022 Mass farmer and dealers, including two Cape Cod farms, traveled to the European Union, meeting with importers and buyers to explore market opportunities. They sampled live Mass oysters and clams with potential customers and discussed Northeast production. The trade representatives were enthusiastic about the quality/variety of the samples and impressed with the growers’ professionalism, expertise and product that could be appealing to European consumers. Razor Clams: The local razor clam fishery exemplifies the collaboration between harvesters and regulators to develop regulations that will support a healthy commercial fishery both now and in the future. In 2022, there were 10 regular harvesters and 1 student that met the requirements to remain in the fishery, while 5 additional harvesters and 4 students were selected by lottery. Utilizing data from previous years, combined with current observations and harvester reports, both parties agreed to close the fishery for 2022 and assess the resource in the Spring of 2023. Cranberry Harvest: UMASS Cranberry Research Station, East Wareham, is an outreach and research center with publications to educate residents and visitors. The Cod Cranberry Growers Association assists with problems; works to ensure that cranberry farming can survive urbanization and preserve open space and clean water, vital to cranberry growing. Despite 11 dangerous frosts and intense drought in the spring and summer, bog owners had a good early growing season, with ideal pollination weather. Rainfall came just in time for harvest, many growers indicating a strong rebound from last year’s low production. Pests presented the big challenges, with Vaccinum Scale, Black Bug infestations and high numbers of weevils. Climate change issues left many bogs badly in need of water all season, while increasing temperatures created problems with weeds, which are prospering under the warmer conditions. Production was up 17% from 2021, with the MA crop at 2 million barrels. There are approx. 51 acres of cranberry bogs in Brewster. At 142.8 barrels per acre, Brewster bogs produced around 7,282 barrels (440-540 cranberries = pound, 44,000-54,000 cranberries =100 lb. barrel). Cape Cod & Islands Farm Bureau: The Agriculture Commission works closely with the Bureau. A grassroots organization for more than 70 years, it helps make farming more profitable, the Cape a better place to live and offer assistance to farmers as well as the general public. Help with Agricultural Conflicts: Ever found yourself in a conflict with local, regional, state, federal government or neighbors over your agricultural operation? The Commission will mediate conflicts and has an excellent track record solving issues on behalf of farmers Agricultural Commission 2198 Main St. Brewster, MA 02631 or 508-896-3701. The Agriculture Commission assists the Building Commissioner, Town Departments, Boards, Committees, residents with Agricultural issues. On behalf of Brewster’s agricultural heritage…the harvest goes on….. Respectfully submitted, Peter Herrmann, Chair Stephan Brown Rebecca Howes Jane Weber This chart illustrates the comparatives size and coloration of the Deer Tick (at the top), the newly arrived Lone Star Tick (in the middle) and the Dog Tick (at the bottom of the picture). Brewster Agriculture: Past, Present and Future The Evolution of Brewster Farming m • Brewster is located 23 miles out in the North Atlantic Ocean • Agricultural Zone 7, similar to parts of Georgia and the Carolinas • We can grow a broad range of plants due to good sunlight, water & temperature moderated by the Atlantic Gulf Stream current • More than 75% of the soils here are excessively well drained Carver soils, i.e. sand • Most important aspect of Carver soils is their permeability, p beneficial to many fruit and vegetable crops • Remaining soil types are rich pockets of semi and undrained soils along the coast • BREWSTER SOILS Class 1-F cw limits Class 2 -Moderate limits ('lass 3 -Severe limits Class 4-Req.careful ni rnt. Class 5 -Pasture. forest. habitat Class 6 -Unsuitable for cultivation Class 7 -Unsuitable for cultivation ti 7 LEGEND • HOOKSAN-SEAOHES-DUN E LAND: Seethes, Duna land, end nearly level to drained, sandy oohs formed in windblown deposits; along coastal shorelines IPSWICH-PAWCATh K-MAT.iNUCK: Nearly level. very deep, very poorly drained pests formed in marine organic and sandy deposits; In areas sheltered from ocean waves along coait:al ehor*llnes and adjacent to bodies of brackish water PLYMOUTH-EASTCHOP-CARVER-BOXFORD: Nearly level to steep, very deep, excessively drained and moderately well drained, sandy and Clayey sops foamed in glacial lake sediments and glacial till; in areas of glacial lake deposits PLYtufOUTH-CARVER-BARNSTABLE: Nearly level to steep, well drained and excessively drained, sandy and foamy soils formed In sandy, loose gladai Oil and glacial outwesh; on ground moraines and outwash plains ENFIELD-MERRIMAO-CARVER: Nearly level to steep very deep, well drained and . excessively drained, loamy and sandy soils formed In glacial outwash and loamy eollan material; on outwath plains PLYMOUTH-BARNSTABLE-NANTUCKET: Nearly level to steep, very deep, excessively drained and well drained, sandy and loamy soils formed In reworked glacral outwash and glacial tip; on moraines end outwash plains , CARVER•HINESBURG-NANTUCKET: Nearly level to steep, very deep, excessively drained and well drained, sandy and loamy soils formed in glacial outwash, glacial lake sediments, and gladal till; on outwash plains and in areas of glacial lama deposits CARVER: Nearly level to steep, very deep, excessively drained, sandy soils formed in glacial outwash and ice -contact deposits; on outwash plains and Karnes Compiled 1991 Monomoy Island f+1 - U.S. DEPARTMENT OP AGRICULTURE 4 411 40.#/41' -‘1*"( "), virig„ • BREWSTER SOILS Soils Soo 14-A ng Polygons E ros•on Soil limitation within the rooter g zcr-` e E xctss water C tarn ate conciit•of Five primary indigenous indi species of trees have thrived here ori p millennia; Oak, Pine, Tupelo, Maple and Sassafras. • However, tree growth is generally stunted due to the Carver soil's poor water and nutrient retention, as well as the effects of salt air. • When European settlers arrived, they did not initially clear the land for agriculture, instead removing trees for heating and cooking fuel. • Brewster agriculture has been largely defined by small family farms, also known as kitchen gardens. • g Historically, agriculture has been one of the most important uses of land here, beginning with Native Americans who grew maize and grain. Forests were managed for upland game species. • Colonists began to clear for farming, stripping away the vast forest until it was overused and depleted. Anything left growing was quickly grazed off by sheep. Vegetable fiber (primarily flax) and animal hair (wool) were also produced for apparel and rope making. Cobb's Pond is to the rear of this field. Photo: Courtesy Brewster Historical Society • Salt marshes, naturally occurring open area coastal largely exist today as they were in Colonial times. • Livestock were pastured on these marshes. • Salt hay was cut, collected, hauled home for winter insulation. grasslands, fodder and • Cape Cod Railroad -constructed 1854- July 1873 facilitated the delivery of a less expensive and wider range of agricultural products to the Cape. These trains left the Cape with rail cars full of quartz sand for the Pittsburgh steel mills. The advent of efficient, large tract off -Cape farms with better soils decimated our livestock and salt hay industries in just 20 years. COW AND SHEEP POPULATIONS OF BREWSTER: 600 d 400 C) 200 0 n 1840 1850 1860 1370 1880 1890 1900 1910 1920 1930 1940 1950 1980 1970 Year i'1 e p by ww � 0 1860 1865 1870 1875 1880 1885 1890 1395 YFAr i By late 1800s, the animal and vegetable fiber industry collapsed. • Fruit production became a more valuable crop, i.e. pears, apples and cranberries. bog cultivation began in the early 1800s and by 1831 Cranberry bogs were a predominant feature. Brewster had 136 acres devoted to cranberry bogs, the third highest on the Cape after Harwich and Dennis. Today, Brewster still has 40 acres of cranberry bogs. CRANRF.RRV PICKERS: Photo: Courtesy Brewster Historical Society s • 1 .w • • e - f n i 1 - ems• -« • pc irdk « albs 14. � �y !r AiY: '• � Tr ���` 7t • '►+1,:r `,� ' • .� At --:".. 415 `14` �.T...` +..r1Jti'� h�,� 4j, i? -. ya . '1 _.41 , «4 w. t � .1�"s'�.j % • .� «a "t+ CAHOON BOG: Photo: Courtesy Brevkstet- Historical Society • 1850-1910, Brewster experienced a typhus epidemic, which had spread along the railroad line from Pittsburgh to Cape Cod: contributing to a population crash from 1525 persons to only 631. • 1865 Brewster still had 56 farms, the highest of any town on the Cape, except Orleans. More English hay was grown in Brewster than any other town east of Barnstable. • In 1905 Brewster's agricultural production was valued at $74,822, the second highest after Barnstable. • The population began to grow again in 1920 to 688 people, attributed to an increase in the number of cranberry pickers. 1938 AERIAL PHOTOGRAPH OF BREWSTER In 1938, the majority of crops were rye, wheat, vegetables, apples and pears. The land was still open and un-forested. Brewster open field crops allowed one p p P to stand at the corner of Tubman Road and Route 124 and see Cape Cod Bay. • Livestock, hay and fiber production never returned to the mid - 1800s level. • Specialty fruit crops and pastureland for hay remained a significant portion of Brewster's agricultural land use in 1951. Agriculture (Lend Cover, MacConnell, U -Mass) "Woody Perennial" includes nursery, cranberry bog, orchard. 1 Land Use Categories Residential Commercial Industrial Wooded, Natural, or Wetlands Open - Disturbed or Managed Water • In 1951, 11% of Brewster, approximately 1,700 acres - the size of Nickerson State Park - was open field crops. • 1950 to 1970, the population grew from 987 to 1,790. • In the mid -1970s agriculture was eclipsed by tourism and related construction trades as our largest industry. Parcels cx 4K a` 71< 1700 1 ':'ti 1710 Population 1k h. SK OK rCO i!=U 165 Z9ry0 '1 C.0.0 .600 20,'2' 11;1} !'3A) Tax Rate 11 0 1910 1920 1930 1940 1950 1970 1990 2000 Year Assessed Value 1910 1920 1950 1980 Year 1'4,6O 1000 :Ooi 2020 2010 Year 1705 201:4 Town (All) BARNSTABLE BOURNE ✓ BREWSTER CHATHAM DENNIS EASTHAM FALMOUTH HARWICH MASHPEE ORLEANS PROVINCETOWN SANDWICH TRURO WELLFLEET YARMOUTH Town • BREWSTER As Brewster's population grew and parcels were subdivide .l, assessed value increased a . the tax rate for all parcels ( icrne 1. Agriculture (Land Cover, MacConnell, U -Mass) "Woody Perennial" includes nursery, cranberry bog, orchard. Agricultural Land Cropland Pasture Woody Perennial Water In a mere thirty years from 1950 to 1980, the population grew from 987 people to 5,226 and agricultural land use was reduced to 550 acres. Agriculture (Land Cover, MacConnell, U -Mass) "Woody Perennial" includes nursery, cranberry bog, orchard. Agricultural Land Cropland Pasture Woody Perennial Water • Brewster has always had small farms, starting out with the 20 -acre lot sizes created in 1653. • The climate and water supply remain favorable; soils remain unchanged. • Today farming is on the increase. I estimate we have well over 200 kitchen gardens in Brewster, reflecting that agriculture is still important to the community. We issued about 50 barn permits and have an additional 12 five acre or more chapter 61A farms DATE POPULATION # FARMS % FARMS/ POPULATION 1865 1,525 56 3.7% 2015 9,377 200+ 2.1% • The Brewster agricultural community has remained relatively stable. Although "large" tract industrial farming in the form of corn, hay, fiber and cranberries has decreased, the percentage of farms in relation to the population remains essentially the same. • P..1 • 1� P•M1n=1'701M1 • Interest in new farms and "Buy Fresh Buy Local" and farmers markets is trending upwards. • People continue to shift food consumption and production back to the local level. • Locally grown products improve our food quality, our natural environment and also provide a back-up supply to out-of-town food. • Anyone can grow all their own salad greens in a home basement. • One acre of arable land here can feed a family of seven for a year. • Eat what's in season to support our natural resources and your health. • Kitchen garden farming is our heritage. Buy Local Plant Local Eat Local TODAY IN BREWSTER: We have an Agricultural Commission (Ag Com) to be comprised of seven members. In an attempt to identify and serve the agricultural interests of Brewster, the following definitions of `farming' and `agriculture' as defined in Massachusetts General Law Chapter 128 Sec. 1A, are applied • Farming in all its branches, the cultivation and tillage of the soil • Dairying • Production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural, viticultural(grape) or horticultural commodities • Growing and harvesting of forest products on forest land, forestry and lumbering operations • Raising of livestock including horses • Keeping of horses as a commercial enterprise • Keeping, raising of poultry, swine, cattle, ratites (emus, ostriches and rheas), camelids (llamas, camels), other domesticated animals for food, agricultural purposes, bees, and fur bearing animals. WHAT DOES AN AGRICULTURAL COMMISSION DO? • Promote and develop the agricultural resources of Brewster • Educate the public on agricultural issues • Advocate for farmers, farm businesses and farm interests • Assist farmers in resolving municipal problems or conflicts related to farms • Coordinate agriculture related activities with other government bodies, local groups or organizations that promote agriculture; • Advertise, prepare, print and distribute books, maps, charts and pamphlets related to local agriculture that the Brewster Agricultural Commission deems necessary for its work.; • Increase our score when we apply for State grants. July 2016 State Legislation: • Agricultural Commissions now can buy, hold, manage, license or lease land for agricultural purposes • Receive grants, gifts, bequests, money or personal property • Manage and control the interests in land acquired • Apply for public or private sector funding • Acquire land or water rights, conservation or agricultural restrictions, easements or other rights to protect the future use of or conserve and properly utilize open spaces AGRICULTURAL PRESERVATION RESTRICTIONS: An Agricultural Preservation Restriction (APR) means a right, in the form of a restriction, easement, covenant or condition, executed by the owner of the land to retain land or water areas predominately in their agricultural farming or forest use. The Commission may forbid or limit any or all of the following: ❖ construction or placing of buildings except for those used for agricultural purposes or for dwellings used for family living by the land owner, his immediate family or employees excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance in such a manner as to adversely affect the land's overall future agricultural potential; and other acts or uses detrimental to such retention of the land for agricultural use. 4*4 •.;4 Agricultural Preservation Restrictions shall be in perpetuity except as released under the provisions of section thirty-two. All other customary rights and privileges of ownership shall be retained by the owner including the right to privacy and to carry out all regular farming practices. HYDRATION STATION UPDATE BREWSTER WATER DEPARTMENT 'Brewster Ladies Library - Main Flood Council on Aging - First Floor Drummer Boy Park - Corning 2025 Fire Dept - Lobby Rail Trail & Route 137 Sea Camps Swimming Fool Town Hall - Chamber of Commerce Eddy Elementary - (3) Coming 2023 Stony Brook Elementary - Whitecaps Field Stony Brook Elementary - (3) Coming 2023 Brewster Dog Park CaptainsGolf Course - Outdoor Captains Golf Course _ Indoor - Coming 2023 Hydration Station - Installed iikt Hydration Station - To be Installed BREWSTER HYDRATION STATION INSTALLATION T TU S MAP 2 Miles t 1 1 DATE_ 7/29122 REVISED 4/14123 CREATED BY: DAVID JOHNSON WHITE CAPS FIELD DOG PARK DOG PARK JUST FOR DOGS!! CAPTAINS GOLF COURSE TENNIS / PICKLEBALL COURTS TOWN HALL THANKS TO TOM THATCHER INTERIOR HYDRATION STATIONS THANKS TO TOM THATCHER Brewster Ladies Library Council on Aging Fire Department Town Hall DPW COMING SOON 2023 Rail Trail Crossing at Route 137 Sea Camps Pool 3 at Eddy Elementary 3 at Stony Brook Elementary Captains Golf Course Restaurant THANK YOU Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 townmanager@brewster-ma.gov MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Manager RE: Proposed Request to Nauset Regional School Committee to Amend Regional Agreement DATE: April 21, 2023 The Town Administrators and Managers from Brewster, Eastham, Wellfleet, and Orleans met on a regular basis with Nauset Superintendent Clenchy and her team this winter to discuss the school budgets and approach to financing the high school renovation project. The Town Finance Directors participated in these meetings on several occasions as well. At one of these recent meetings, I suggested we amend the regional agreement to change the methodology for calculating each member towns’ capital and operating annual assessments. Per Sections IV D & E of the regional agreement, those amounts are currently based on each town’s respective enrollment in the regional district schools on October 1 of the preceding fiscal year. Instead of basing annual assessments on a single year of student enrollment data, I propose calculating them based on a three-year rolling average of student enrollment. Many other MA regional school districts have adopted this approach. By reducing the impacts of year-to-year shifts in student enrollment, it improves the ability of member towns to plan for and build their budgets. Its moderating effects also help avoid zero- sum scenarios between member towns. The Town Administrators in Eastham, Wellfleet, and Orleans have all expressed their support for making this change. Superintendent Clenchy also initially indicated she would be supportive. Per Section VIII of the regional agreement, it may be amended by a majority of the Nauset Regional School Committee. I am seeking your guidance relative to formally submitting such a request. If the Board is supportive of taking this next step, it would also be beneficial to understand the extent to which the Board wants to request any other changes to the regional agreement. Office of: Select Board Town Manager NAUSET REGIONAL SCHOOL DISTRICT AGREEMENT The agreement for the establishment of the Nauset Regional School District, as heretofore amended, is hereby further amended to read as follows: Agreement for a regional school district for the Towns of Brewster, Eastham, Orleans and Wellfleet, Massachusetts (hereinafter sometimes referred to as the member towns), such district to be called "Nauset Regional School District." SECTION I Membership of the Regional District School Committee A. Number of Members. The Regional School District Committee, hereinafter referred to as the Committee, beginning with the annual town elections of 2003, shall consist of ten members, four from the Town of Brewster, three from Orleans, two from Eastham, and one from Wellfleet. To achieve proportional representation on the Committee, effective following the annual elections of 2003, the members from Brewster, Eastham and Wellfleet shall have one vote per member, and the members from Orleans .8 (8/10) votes per member. All ten members shall be elected by their individual towns, as prescribed in Paragraph B. below. B. Election. of Members. The Nauset Regional School District shall consist of four member towns, each of which shall elect representatives to serve for three-year terms as described above; provided, however, that any member elected prior to 2001 shall serve for a three-year term. At the annual town elections in 2002, Brewster and Orleans shall elect one member each for terms of three years. At the 2003 elections, Brewster, Eastham, and Orleans shall elect one member each, for terms of three years. At the 2004 elections, Brewster shall elect two members, and Eastham, Orleans and Wellfleet one member each, for terms of three years. The terms of all such elected members shall commence on the day following their election and continue for the terms for which they are elected and thereafter until their successors are elected and qualified. ° Thereafter, at every succeeding annual or special town election when a member town is required to elect a member each town shall elect such member to serve on the Committee for a term of three years commencing on the day following such election. C. Holding Office/Vacancies. Each member shall hold office during his term and thereafter until the appointment, or election and qualification of his Nauset Regional School District Agreement — Revised 2002 successor. If a vacancy exists, the Selectmen of the member town or towns of the district involved shall appoint a member to serve until the next annual or special town election and at such election, a successor to serve for the unexpired term, if any, shall be elected. D. Officers of the Cornrrrittee. Annually upon the election or appointment and qualification of its members, the committee shall organize and choose by ballot a chairman and vice-chairman from its own membership. At the same meeting or at any other meeting the Committee shall appoint a treasurer and secretary who may be the same person but who need not be members of the Committee, choose such other officers as it deems advisable, determine the terms of office of its officers (except the Chairman and Vice -Chairman who shall be elected annually as provided above) and prescribe the powers and duties of any of its officers, fix the time and place for its regular meetings, and provide for the calling of special meetings. SECTION II Types of Regional District Schools The regional district schools shall consist of facilities to serve the needs of grades six through twelve. The Committee is hereby authorized to establish and maintain state -aided vocational education, acting as trustees therefore, in accordance with the provisions of Chapter 74 of the General Laws and Acts amendatory thereto or dependent thereon, if the Committee deems it desirable. SECTION III Locations of Regional District Schools The regional district schools shall be located within the district and within a five -mile radius from the intersection of Mid -Cape Highway (Route 6) and Samoset Road (in Eastham). SECTION IV Apportionment and Payment of Costs Incurred by the District A. For the purpose of apportioning assessments levied by the district against the member towns, costs shall be divided into two categories, capital costs and operating costs. Nauset Regional School District Agreement — Revised 2002 Page 2 B. Capital costs shall include all expenses in the nature of capital outlay such as the cost of acquiring land, the cost of constructing, reconstructing and adding to buildings, and the cost of remodeling or making extraordinary repairs to a school building or buildings, including without limitation the cost of the original equipment and furnishings for such buildings or additions, plans, architects' or consultants' fees, costs of sewage treatment or disposal, grading and other items incidental to placing school buildings and additions and related premises in operating condition and any other costs (whether or not so financed) which the district is or may be authorized by statute to finance by the issue of bonds. Capital costs shall also include payment of principal and interest on bonds or other obligations issued by the district to finance the foregoing costs. Capital costs represented by debt service shall be apportioned as capital costs of the year in which the debt service falls due. C. Operating costs shall include all costs not included in capital costs as defined in Section IV (B) but including interest on temporary notes issued by the districts in anticipation of revenue. D. Payment of all capital costs in any fiscal year shall be apportioned among the member towns on the basis of their respective enrollments in the regional district schools on October 1 of the preceding fiscal year. E. Operating expenses of each fiscal year shall be apportioned to the member towns on the basis of their respective enrollments in the regional district schools, publicly -funded charter schools and public schools of choice, on October 1 of the preceding fiscal year. F. Each member town shall pay its proportionate share of the capital and operating expenses to the regional school district in each fiscal year in four equal installments on or about the first clays of September, December, March and June, such schedule to be set by mutual agreement of the Boards of Selectmen of the member towns, and the School Committee. If mutual agreement cannot be reached, the payments shall be due on the first days of those months. SECTION V Transportation Transportation of all pupils to and from the regional district schools shall be furnished by the regional school district and the cost thereof shall be apportioned among the member towns as an operating expense. Nauset Regional School District Agreement -- Revised 2002 Page 3 SECTION VI Admission of Additional Towns By an amendment of this agreement adopted under and in accordance with Section VIII below, any other town or towns may be admitted to the regional school district upon adoption as herein provided of such amendment and upon acceptance by the town or towns seeking admission of the agreement as so amended and also upon compliance with such provisions of law as may be applicable and such terms as may be set forth in such amendment. SECTION VII Separation A. Any member town may petition to withdraw from the regional school district under terms stipulated in a proposed amendment to the agreement provided (1) that the town seeking to withdraw shall remain liable for any unpaid operating costs which have been certified by the district treasurer to the treasurer of the withdrawing town, including the full amount so certified for the year in which such withdrawal takes effect, and (2) that said town shall remain liable to the district for its share of the indebtedness, other than temporary indebtedness incurred in anticipation of revenue, of the district outstanding at the time of such withdrawal, and for interest thereon, to the same extent and in the same manner as though the town had not withdrawn from the district except that (i) where any portion of such liability is computed on the basis of pupil enrollment, such portion shall be assessed as if the withdrawing town had the same pupil enrollment in each grade each year as it had on the October 1 preceding its withdrawal, and (ii) such liability shall be reduced by any amount which such town has paid over at the time of withdrawal and which as been applied to the payment of such indebtedness or interest. B. Said petitioning town shall cease to be a member town if the proposed amendment is approved by the Committee and accepted by the petitioning town and each of the other member towns, acceptance by the petitioning town and by the other member towns to be by majority vote at an annual or special town meeting. C. Money received by the district from the withdrawing town for payment of funded indebtedness or interest thereon shall be used for this purpose only, and until so used shall be deposited in trust in the name of the Nauset Regional School District Agreement — Revised 2002 Page 4 district with a bank or trust company having its principal office in Massachusetts having a combined capital and surplus of not less that $5,000,000. D. Upon the effective date of withdrawal the terms of office of all members serving on the Committee from the withdrawing town shall terminate and the total membership of the Committee, as provided in Section IA, shall be decreased accordingly. SECTION VIII Amendments This agreement may be amended from time to time in the manner hereinafter provided, but no such amendment shall be made which shall substantially impair the rights of the holders of any bonds or notes or other indebtedness of the district then outstanding, or the rights of the district to procure the means for payment thereof, provided that nothing in this section shall prevent the admission of a new town or towns to the district and the reapportionment accordingly of capitalcosts of the district then outstanding and of interest thereon. A proposal for amendment may be initiated by a signed petition bearing the signatures of ten (10) per cent of the registered voters of any one of the member towns or by a majority of all the members of the regional district school committee. Any such proposal for amendment shall be presented to the secretary of the Committee who shall mail or deliver a notice in writing to the Board of Selectmen of each of the member towns that a proposal to amend this agreement has been received and shall enclose a copy of such proposal (without the signatures in the case of a proposal by petition). The Selectmen in each member town shall include in the warrant for the next annual or a special town meeting called for the purpose, an article stating the proposal or the substance thereof, Such amendment shall take effect upon its acceptance by each member town, in the manner hereinabove provided. SECTION IX Budget The Committee shall determine the amounts necessary to be raised to maintain and operate the regional schools during the ensuing fiscal year and the amount required for payment of debt and interest incurred by the District which will be due in said year, and shall adopt an annual maintenance and operating budget for said year. The Committee shall then submit copies to the Finance or Advisory Nauset Regional School District Agreement — Revised 2002 Page 5 Committee of each member town, or if there is no Finance or Advisory Committee in a member town, to the chairman of the Board of Selectmen of such town, for their consideration at least 45 clays prior to the earliest business session of any member's annual town meeting. The Committee shall apportion the annual budget in accordance with the provisions of Section IV. The amount so apportioned for each town shall be certified in accordance with Section 16B of Chapter 71 of the General Laws by the district treasurer to the treasurers of the member towns and each town shall appropriate the amounts so certified. SECTION X Tuition Pupils The Committee may accept for enrollment in the regional district school pupils from towns other than the member towns on a tuition basis and on such terms as it may determine. Initiated by the Nauset Regional School District School Committee. Nauset Regional School District Agreement -- Revised 2002 Page 6 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Human Resources MEMORANDUM TO:Select Board FROM: Susan Broderick, Human Resources Director & Lisa Vitale, Treasurer/Collector RE: Employee Separation Policy DATE: April 21, 2023 For your review and approval is an Employee Separation Policy. The Town does not currently have a written separation policy. This policy serves two main purposes. It contains definitions of the various types of separation and more importantly it will memorialize the Town’s current practices regarding an employee’s final days of employment. The Policy states that an exiting employee must be physically present on their final day of employment, that an employe cannot use vacation or other accrued time in lieu of notice, and that an exiting employee may not utilize accumulated paid time off for the purpose of extending the period of employment beyond the last day that the employee reports to work. The policy also defines what accrued unused paid time off will be paid to the employee in their last paycheck. This policy will memorialize the practice that the Town has been following since 2010. Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Townmanager@brewster-ma.gov www.brewster-ma.gov Policy No: 66 Date Approved: April 24, 2023 Dates Amended: EMPLOYEE SEPARATION POLICY Resignation Resignation is a voluntary act initiated by the employee to leave their job for personal or professional reasons. The employee is expected to give at least two weeks' advance notice in writing to their department head and the Human Resources Department to separate in good standing. The notice should include the final date of employment and reason for leaving the position. An employee cannot use vacation or other accrued time in lieu of notice. An exiting employee must be physically present at their assigned duty on the final day of employment. An unauthorized absence without notice to the appropriate supervisor is considered absence without leave. Unauthorized absence of three consecutive days without notice to the appropriate supervisor is considered a resignation. It is the policy of the Town of Brewster, that employees who voluntarily resign from the Town, may not utilize accumulated vacation leave, compensatory, sick, or personal time for the purpose of extending the period of employment beyond the last day that the employee reports to work. Any accrued unused vacation and compensatory leave payable to the employee as a terminal benefit as prescribed by the pertinent collective bargaining agreement or personnel policy shall be paid in full in the final payroll transaction of the employee. Personal time and accrued sick time are not paid to the employee on voluntary resignation. Retirement Retirement is a voluntary act initiated by the employee to leave their job for personal or professional reasons. The employee is expected to give at least two weeks' advance notice in writing to their department head and the Human Resources Department to separate in good standing. The notice should include the final date of employment. An employee cannot use vacation or other accrued time in lieu of notice. A retiring employee must be physically present at their assigned duty on the final day of employment. It is the policy of the Town of Brewster, that employees who retire from the Town, may not utilize accumulated vacation leave, compensatory, sick, or personal time for the purpose of extending the period of employment beyond the last day that the employee reports to work. Any accrued unused vacation, compensatory, and sick leave payable to the employee as a retirement benefit as prescribed by the pertinent collective bargaining agreement or personnel policy shall be paid in full in the final payroll transaction of the employee. Personal time is not paid to the employee upon retirement. Town of Brewster 2198 Main Street Brewster, MA 02631 Phone: (508) 896-3701 Townmanager@brewster-ma.gov www.brewster-ma.gov Policy No: 66 Date Approved: April 24, 2023 Dates Amended: Termination Termination is an involuntary separation initiated by the employer. It is the policy of the Town of Brewster that employees who involuntarily separate from the Town will be paid accrued unused vacation and compensatory leave upon date of termination. Personal time and accrued sick time are not paid to the employee on termination. Approved by the Brewster Select Board on: ________________________ ____________________________ Dave Whitney, Chair Ned Chatelain, Vice Chair _______________________ ____________________________ Kari Hoffmann, Clerk Mary Chaffee ___________________________ Cynthia Bingham Select Board Meeting 4.24.23 1 For Your Information (FYIs) 1.Brewster Blood Drive- Friday April 28, 2023 2.Brewster Housing Authority FY24 Annual Plan Hearing 3.Camp Edwards 2023 Public Tours, Grassland Bird Tours and Annual State of the Reservation Report 4.Cape Light Compact’s Q4 Energy Efficiency Report 5.Health and Human Services Reports a.Lower Cape Outreach Council b.Sight Loss Services 6.FY21 Brewster Regional CDBG Grant Quarterly Report 7.FY21 Brewster Regional CDBG Grant Interim Public Hearing Notice 8.Independence House Inc. Report 9.March 2023 Housing Coordinator Update 10.MassPRIM (Pension Reserves Investment Management) Board March Report 11.Select Board Remote Participation Policy Feedback 12.Board/Committee/Commission Resignations a.Finance Committee- Honey Pivirotto b.Golf Commission – Jeff Odell Friday, April 28th 11 am – 5 pm Brewster Police Department 631 Harwich Rd Stop & Shop gift card for all donors!! Appointments are required. Notice of Public Hearing The Brewster Housing Authority invites all tenants and the general public to a review of the Authority's Proposed Annual Plan for Fiscal Year 2024 The Annual Plan is intended to provide insight into the Authority’s operations and plans for the coming fiscal year as they affect the Authority’s state-aided public housing. The Proposed Annual Plan is comprised of the following elements : 1.Proposed Capital Improvement Plan (5-year) 2.Proposed Maintenance and Repair Plan 3.Current Operating Budget 4.Responses to the Performance Management Review (PMR) findings 5.List of housing authority policies 6.List of waivers from governing regulations of the Department of Housing and Community Development (DHCD) 7.Other elements 5:30 pm on 06/21/2023Hearing time and date: Hearing location:Frederick Court Community Room 11 Frederick Court Brewster, MA 02631 Residents and the general public are invited to review the Annual Plan before the hearing and may submit public comments as noted below. The Authority shall consider the concerns of any Local Tenants’ Organization (LTO) or Resident Advisory Board (RAB) regarding needs and priorities and incorporate some or all of such needs and priorities in the draft plan if deemed by the Authority to be consistent with sound management. Substantive comments will be summarized and included in the Annual Plan when it is submitted to the Department of Housing and Community Development (DHCD). o Copies of the Annual Plan are available at the Authority’s office or may be reviewed online at o Comments may be submitted orally at the hearing, by emailing the housing authority office, or by submitting written comments at the housing authority office. Comments must be received no later than the close of the public hearing . o For reasonable accommodation requests contact the housing authority office by 05/31/2023 at 1:00 pm. o Contact information for Brewster Housing Authority: Office: 11 Frederick Court, Brewster, MA 02631 Phone: (508) 896-9800 Email: director@brewsterhousing.org https://tinyurl.com/LHA-MA-AnnualPlan Page 2 Detailed Instructions for Remote Access Brewster Housing Authority - Annual Plan Public Hearing & BOC Meeting Time: Jun 21, 2023, 05:30 PM Eastern Time (US and Canada) Join Zoom Meeting https://us06web.zoom.us/j/87359395401?pwd=UDh5dmQrU2NFV2tsdVpjNVE2VFRkUT09 Meeting ID: 873 5939 5401 Passcode: 396876 Dial by your location +1 646 876 9923 US (New York) Aviso de audiencia pública El/La Brewster Housing Authority invita a todos los arrendatarios y al público en general a una revisión del Plan Anual Propuesto por la autoridad para el año fiscal 2024 El Plan anual tiene como objetivo dar a conocer las operaciones de la autoridad y sus planes para el año fiscal entrante en lo que respecta a sus iniciativas de vivienda pública con financiamiento estatal. El Plan anual propuesto comprende los siguientes elementos : 1.Plan de mejoras de capital propuesto (5 años) 2.Plan de mantenimiento y reparaciones propuesto 3.Presupuesto operativo actual 4.Respuestas a los hallazgos en la Revisión de gestión del desempeño (PMR) 5.Listado de las políticas de la autoridad de vivienda 6.Listado de las exenciones a las normas vigentes del Departamento de Vivienda y Desarrollo Comunitario (DHCD) 7.Otros elementos 5:30 pm del 06/21/2023Fecha y hora de la audiencia: Lugar de la audiencia:Frederick Court Community Room 11 Frederick Court Brewster, MA 02631 Invitamos a los residentes y al público en general a leer el Plan anual antes de la audiencia y a hacer comentarios públicos por los medios que se indican más abajo . La autoridad tomará en consideración las inquietudes de cualquier organización de arrendatarios locales (LTO) o junta asesora de residentes (RAB) en relación con las necesidades y prioridades. Si las considera consistentes con los principios de buena gestión, la autoridad incorporará dichas necesidades y prioridades -en parte o en su totalidad- en la versión preliminar del plan. Los comentarios sustantivos se resumirán e incluirán en el Plan anual cuando este se envíe al Departamento de Vivienda y Desarrollo Comunitario (DHCD). o Puede obtener copias del Plan anual en la oficina de la autoridad o consultar el Plan por Internet en <https://tinyurl.com/LHA-MA-AnnualPlan>. El Plan está disponible únicamente en inglés. o Si desea hacer comentarios, puede hacerlo oralmente en la audiencia o enviar los comentarios por correo electrónico o postal a la oficina de la autoridad de vivienda. Los comentarios se deben recibir antes del cierre de la audiencia pública. o Si tiene una solicitud razonable en relación con una discapacidad, póngase en contacto con la oficina de la autoridad de vivienda antes del 05/31/2023 a las 1:00 pm. o Información de contacto de Brewster Housing Authority : Oficina: 11 Frederick Court, Brewster, MA 02631 Teléfono: (508) 896-9800 Correo electrónico: director@brewsterhousing.org 04/12/2023 Spanish Hearing Notice សសចក្ដីជូនដំណឹងអំពីសវនកករសកធករណណ Brewster Housing Authority អញ្ជជញអ្នកជួល និងសកធករណជនទូទទទកំងអស់ឲ្យទទពិនិត្យមជលឡជងវិញនូវផផនកករ ប្រចកំឆ្នកំដផលបកនដកក់ស្នជរបស់អកជ្ញកធរសម្រកប់ឆ្នកំសករពជពន្ធ 2024 ផផនកករប្រចកំឆ្នកំមកនគគលបំណងផ្តល់កករយល់ដឹងអំពីប្រតិបត្តិកករ និងផផនកកររបស់អកជ្ញកធ រសម្រកប់ឆ្នកំសករពជពន្ធខកងមុខនសន ព្រគនវកប៉នពកល់ដល់លំនទដ្ឋកនសកធករណណដផលជួយដគយ រដ្ឋរបស់អកជ្ញកធរ។ ផផនកករប្រចកំឆ្នកំដផលបកនដកក់ស្នជ មកនធកតុដូចខកងក្រគម៖ 1.ផផនកករកផលម្អរដ្ឋធកនីដផលបកនដកក់ស្នជ (5 ឆ្នកំ) 2.ផផនកករជួសជុល និងថផទកំដផលបកនដកក់ស្នជ 3.ថវិកកប្រតិបត្តិកករបច្ចុប្បន្ន 4.កករឆ្លជយតបនឹងលទ្ធផលននកករពិនិត្យមជលឡជងវិញនូវកករគ្រប់គ្រងកករបំពសញកករងករ (PMR) 5.បញ្ជីគគលនយគបកយអកជ្ញកធរលំនទដ្ឋកន 6.បញ្ជីកករលនបង់សិទ្ធិពីបទប្បញ្ញត្តិគ្រប់គ្រងរបស់ក្រសួងអភិវឌ្ឍសហគមន៍ និងលំនទដ្ឋកន (DHCD) 7.ធកតុផ្សសងទទត 5:30 pm សន 06/21/2023កកលបរិច្ឆសទ និងម៉គងសវនកករ៖ ទីកន្លផងសវនកករ៖ Frederick Court Community Room 11 Frederick Court Brewster, MA 02631 សគហជន និងសកធករណជនទូទទត្រូវបកនអញ្ជជញឱ្យពិនិត្យមជលឡជងវិញនូវផផនកករប្រចកំឆ្នកំមុនពសលបជកសវនកកករ ហជយអកចបញ្ជូនមតិសកធករណណដូចបកនកត់សម្គកល់ខកងក្រគម។ អកជ្ញកធរត្រូវគិតគូរពីកង្វល់នកនករបស់អង្គកកររបស់អ្នកជួលក្នុងមូលដ្ឋកន (LTO) ឬក្រុមប្រឹក្សកយគបល់គសហជន (RAB) អំពីតម្រូវកករ និងអកទិភកពនកនក ហជយបញ្ចូលតម្រូវកករ និងអកទិភកពទកំងនគនមួយចំនួន ឬទកំងអស់ទទក្នុងសសចក្តីព្រកងផផនកករ បជអកជ្ញកធរយល់ថកសមស្របជកមួយកករគ្រប់គ្រងដផលត្រឹមត្រូវ។ មតិ សំខកន់ ៗ នឹងត្រូវបកនសង្ខសប និងបញ្ចូលទទក្នុងផផនកករប្រចកំឆ្នកំ នទពសលវកត្រូវបកនដកក់ជូនក្រសួងអភិវឌ្ឍសហគមន៍ និងលំនទដ្ឋកន (DHCD)។ o សសចក្ដីចម្លងននផផនកករប្រចកំឆ្នកំ មកននទកករិយកល័យរបស់អកជ្ញកធរ ឬអកចពិនិត្យមជលឡជងវិញលជបណ្ដកញតកមរយណ <https://tinyurl.com/LHA-MA-AnnualPlan>។ មកនជកភកសកអង់គ្លសសតផប៉ុណ្ណគន។ o មតិនកនកអកចត្រូវបកនផ្ដល់ដគយផ្ទកល់មកត់នទក្នុងសវនកកករ ដគយផ្ញជអ៊ីមផលទទកករិយកល័យអកជ្ញកធរលំនទដ្ឋកន ឬដគយដកក់មតិជកលកយលក្ខណ៍អក្សរនទកករិយកល័យអកជ្ញកធរលំនទដ្ឋកន។ មតិនកនកត្រូវតផផ្ដល់ឱ្យបកនមុនពសលបិទសវនកកករសកធករណណ ។ o សម្រកប់សំណជសុំកករស្នកក់នទសមរម្យ សូមទកក់ទងកករិយកល័យអកជ្ញកធរលំនទដ្ឋកនត្រឹមថ្ងន 05/31/2023 សនសម៉ង 1:00 pm។ o ព័ត៌មកនទំនកក់ទំនងសម្រកប់ Brewster Housing Authority៖ កករិយកល័យ៖ 11 Frederick Court, Brewster, MA 02631 ទូរស័ព្ទ៖ (508) 896-9800 អុីផមល៖ director@brewsterhousing.org 04/12/2023 Khmer Hearing Notice Thông báo Điều trần Công khai Brewster Housing Authority xin mời tất cả những người thuê nhà và cộng đồng đến tham dự buổi đánh giá Kế hoạch Hàng năm Đề xuất cho Năm Tài chính của Cơ quan Quản lý 2024 Kế hoạch Hàng năm này nhằm đem lại cái nhìn sâu sắc đối với các hoạt động của Cơ quan Quản lý và các kế hoạch cho năm tài chính sắp tới vì chúng ảnh hưởng đến vấn đề gia cư công cộng có sự trợ giúp của tiểu bang của Cơ quan Quản lý. Kế hoạch Hàng năm Đề xuất bao gồm các thành phần sau: 1.Kế hoạch Cải tạo Cơ bản Đề xuất (5 năm) 2.Kế hoạch Bảo trì và Sửa chữa Đề xuất 3.Ngân sách Vận hành Hiện tại 4.Trả lời đối với những phát hiện trong bản Đánh giá Quản lý Hoạt động (PMR) 5.Danh sách các chính sách của cơ quan quản lý gia cư 6.Danh sách các quyết định miễn tuân thủ các quy định chi phối của Sở Gia cư và Phát triển Cộng đồng (DHCD) 7.Các thành phần khác 5:30 pm và 06/21/2023Ngày và giờ điều trần: Địa điểm điều trần:Frederick Court Community Room 11 Frederick Court Brewster, MA 02631 Các cư dân và cộng đồng được mời tham gia xem xét Kế hoạch Hàng năm trước phiên điều trần và có thể gửi ý kiến đóng góp của công chúng như được mô tả dưới đây. Cơ quan Quản lý phải cân nhắc các quan ngại của bất kỳ Tổ chức của Người Thuê nhà Địa phương (LTO) hay Hội đồng Cố vấn Cư dân (RAB) nào về các nhu cầu và ưu tiên và kết hợp một số hoặc tất cả các nhu cầu và ưu tiên đó trong bản thảo kế hoạch nếu Cơ quan Quản lý coi là phù hợp với việc quản lý hợp lý. Các ý kiến đóng góp có cơ sở sẽ được tóm tắt và đưa vào nội dung Kế hoạch Hàng năm khi nộp cho Sở Gia cư và Phát triển Cộng đồng (DHCD). o Các bản sao của Kế hoạch Hàng năm sẵn có tại văn phòng Cơ quan Quản lý hoặc quý vị có thể xem trực tuyến tại <https://tinyurl.com/LHA-MA-AnnualPlan>. Các bản này chỉ có bằng Tiếng Anh. o Các ý kiến đóng góp có thể được nộp bằng lời tại buổi điều trần, gửi email cho văn phòng cơ quan quản lý gia cư, hoặc nộp ý kiến bằng văn bản tại văn phòng cơ quan quản lý gia cư. Các ý kiến đóng góp phải được nhận không muộn hơn giờ kết thúc phiên điều trần. o Để đưa ra các yêu cầu về biện pháp điều chỉnh đặc biệt hợp lý, hãy liên hệ với văn với văn phòng cơ quan quản lý gia cư trước 05/31/2023 lúc 1:00 pm. o Thông tin liên hệ cho Brewster Housing Authority: Văn phòng: 11 Frederick Court, Brewster, MA 02631 Điện thoại: (508) 896-9800 Email: director@brewsterhousing.org 04/12/2023 Vietnamese Hearing Notice 开公众听证会的通知 Brewster Housing Authority 邀请所有租户和公众 对本管理局的 2024 财政年度建议的《年度计划》进行审查 该《年度计划》旨在深入了解本管理局的运作和下一财政年度的计划，因为它们会影响到管 理局的由马萨诸塞州资助和管理的公共住房。建议的年度计划包括以下内容： 1.建议的资本改善计划（5年） 2.建议的维修计划 3.当前的运营预算 4.对绩效管理审查（PMR）调查结果的回应 5.住房管理局政策一览表 6.从住房和社区发展部（DHCD）的法规可豁免的条例清单 7.其他基本点 5:30 pm 在 06/21/2023听证会时间和日期: 听证会地点：Frederick Court Community Room 11 Frederick Court Brewster, MA 02631 请租户和公众在听证会之前审阅《年度计划》，并可以按照以下说明提交公众意 见。本管理局将考虑任何地方租户组织（LTO）或居民咨询委员会（RAB）对需求和 需优先考虑的事项的关注，并在管理局认为是与明智、稳妥的管理相一致的情况 下，将部分或全部此类需求和需优先考虑的事项纳入计划草案。公众的实质性意见 会被汇总并纳入《年度计划》，然后被提交给住房和社区发展部（DHCD）。 •可以在管理局的办公室获得《年度计划》的副本，或者可以上网进入 <https://tinyurl.com/LHA-MA-AnnualPlan> 在线查看。那些副本或网上内 容是用英语的。 •各位要提出评论，可以在听证会上通过口头方式、或通过向住房管理局的办公 室发送电子邮件、或在住房管理局的办公室当面提交书面评论。所有评论必须 在公众听证会结束之前收到。 •对于合理的需通融的要求，请在 05/31/2023 之前通过 1:00 pm 与住房管理 局的办公室联系。 •Brewster Housing Authority 的联系方式： 办公室： 11 Frederick Court, Brewster, MA 02631 电话: (508) 896-9800 电子邮件: director@brewsterhousing.org Chinese Hearing Notice04/12/2023 Aviso de Audiência Pública O Brewster Housing Authority convida todos os locatários e o público em geral para uma revisão do plano anual proposto pela Autoridade para o ano fiscal 2024 O Plano Anual é destinado a fornecer insights sobre as operações e planos da Autoridade para o próximo ano fiscal, uma vez que afetam as habitações públicas da Autoridade estadual . O plano anual proposto é composto pelos seguintes elementos: 1.Plano de melhoria de capital proposto (5 anos) 2.Plano de manutenção e reparação proposto 3.Orçamento operacional atual 4.Respostas aos achados da Revisão de Gerenciamento de Desempenho (PMR) 5.Lista de políticas da autoridade habitacional 6.Lista de isenções de regulamentos aplicáveis do Departamento de Habitação e Desenvolvimento Comunitário (DHCD) 7.Outros elementos 5:30 pm em 06/21/2023Data e hora da audiência: Local da audiência:Frederick Court Community Room 11 Frederick Court Brewster, MA 02631 Os residentes e o público em geral são convidados a revisar o Plano Anual antes da audiência e podem enviar comentários públicos, conforme indicado abaixo. A Autoridade deve considerar as preocupações de qualquer Organização de Locatários Locais (LTO) ou Conselho Consultivo de Residentes (RAB) em relação às necessidades e prioridades e incorporar algumas ou todas essas necessidades e prioridades ao projeto do plano se a Autoridade considerar que é consistente com a boa gestão . Os comentários substanciais serão resumidos e incluídos no Plano Anual quando este for submetido ao Departamento de Habitação e Desenvolvimento Comunitário (DHCD). ·Cópias do Plano Anual estão disponíveis no escritório da Autoridade ou podem ser analisadas on-line em <https://tinyurl.com/LHA-MA-AnnualPlan>. Estas estão apenas no idioma inglês. ·Os comentários podem ser apresentados oralmente na audiência , por e-mail para o escritório da autoridade habitacional ou por escrito para o escritório da autoridade habitacional . Os comentários devem ser recebidos, no máximo, até o encerramento da audiência pública. ·Para solicitações razoáveis de acomodação, entre em contato com o escritório da autoridade habitacional em 05/31/2023 às 1:00 pm. ·Informações de contato para Brewster Housing Authority : Escritório: 11 Frederick Court, Brewster, MA 02631 Telefone: (508) 896-9800 E-mail: director@brewsterhousing.org 04/12/2023 Portugese Hearing Notice Уведомление о публичном слушании Brewster Housing Authority приглашает всех жильцов и представителей общественности принять участие в рассмотрении предлагаемого Жилищным управлением Годового плана на фискальный год 2024 Целью Годового плана является представление сведений о деятельности и планах Жилищного управления на предстоящий фискальный год в том , что касается предоставления социального жилья Жилищным управлением при поддержке штата Массачусетс. Предлагаемый Годовой план включает следующие разделы: 1.Предлагаемый план капитального ремонта (5-летний); 2.Предлагаемый план технического обслуживания и ремонта ; 3.Текущий операционный бюдж; 4.Ответы по результатам оценки организации хозяйственной деятельности (PMR); 5.Список политик Жилищного управления; 6.Список отказов от постановлений Департамента жилищного хозяйства и общественного развития (DHCD); 7.Другие разделы. 5:30 pm Дата слушания 06/21/2023Время слушания: Место проведения слушания: Frederick Court Community Room 11 Frederick Court Brewster, MA 02631 o Копии Годового плана можно получить в офисе Жилищного управления или на сайте : <https://tinyurl.com/LHA-MA-AnnualPlan>. Документы доступны только на английском языке. o Замечания можно сделать устно в ходе слушания, а также отправить их по электронной почте в офис Жилищного управления или оставив их в письменном виде в офисе Жилищного управления. Замечания должны быть получены до закрытия публичного слушания. o Разумные запросы о размещении можно направить в офис Жилищного управления до 05/31/2023 1:00 pm. o Контактная информация Brewster Housing Authority: Офис: 11 Frederick Court, Brewster, MA 02631 Телефон: (508) 896-9800 Адрес эл. почты: director@brewsterhousing.org Жильцы и представители общественности приглашаются принять участие в рассмотрении Годового плана перед началом слушания и могут делать открытые замечания, как указано ниже. Жилищное управление рассмотрит замечания Местной жилищной организации (LTO) или Жилищного консультационного совета (RAB), касающиеся потребностей и приоритетов жильцов, и включит все такие приоритеты и потребности или их часть в проект плана, если Жилищное управление посчитает, что они соответствуют принципам рационального управления. Содержательные замечания будут резюмированы и включены в Годовой план при его подаче в Департамент жилищного хозяйства и общественного развития (DHCD). 04/12/2023 Russian Hearing Notice Avi Odisyon Piblik The Brewster Housing Authority ap envite tout lokatè ak piblik la an jeneral nan yon revizyon Plan Anyèl pou Ane Fiskal la ke Administrasyon an Pwopoze 2024 Plan Anyèl la fèt nan entansyon pou bay apèsi sou operasyon Otorite a ak plan pou ane fiskal k ap vini a nan fason k ap afekte lojman piblik Administrasyon ke eta a finanse. Plan Anyèl yo pwopoze a te gen eleman sa yo ladann: 1.Plan Amelyorasyon Kapital yo Pwopoze (5-an) 2.Plan Antretyen ak Reparasyon yo Pwopoze 3.Bidjè Operasyon Aktyèl 4.Rezilta Revizyon Repons Jesyon Pèfòmans lan (Performance Management Review, PMR) 5.Lis règleman administrasyon lojman yo 6.Lis egzonerasyon règlemantasyon k ap fè otorite nan Depatman Lojman ak Devlopman Kominotè a (Department of Housing and Community Development, DHCD) 7.Lòt eleman yo 5:30 pm nan dat 06/21/2023Dat ak lè odisyon: Adrès odisyon an:Frederick Court Community Room 11 Frederick Court Brewster, MA 02631 N ap envite rezidan yo ak piblik la an jeneral pou vin fè revizyon Plan Anyèl la avan odisyon an epi yo gendwa soumèt kòmantè piblik jan sa note annapre a. Administrasyon an pral konsidere enkyetid nenpòt Òganizasyon Lokatè Lokal (LTO) oswa Komite Konsiltatif Rezidan (Resident Advisory Board, RAB) anrapò ak bezwen preyorite epi enkòpore kèlke nan yo oswa tout nan bezwen sa yo ak priyorite yo nan dokiman plan an si Administrasyon an jije ke sa nesesè pou on bon jesyon . Y ap fè rezime kòmantè enpòtan yo epi mete yo nan Plan Anyèl la lè yo te soumèt li bay Depatman Lojman ak Devlopman Kominotè (Department of Housing and Community Development, DHCD). ·Kopi Plan Anyèl yo disponib nan biwo Administrasyon an oswa w ka revize anliy nan <https://tinyurl.com/LHA-MA-AnnualPlan>. Sa yo se nan lang Anglè sèlman. ·Yo gendwa soumèt kòmantè yo vèbalman nan odisyon an, pa imèl bay biwo administrasyon lojman an, oswa nan soumisyon kòmantè ekri w yo nan biwo administrasyon lojman an . Yo ta dwe voye kòmantè yo nan yon moman ki pa pi ta pase odisyon piblik la . ·Pou demand akomodasyon rezonab kontakte biwo administrasyon lojman an kote w ap 05/31/2023 a 1:00 pm. ·Enfòmasyon kontak pou Brewster Housing Authority : Biwo: 11 Frederick Court, Brewster, MA 02631 Telefòn: (508) 896-9800 Imèl: director@brewsterhousing.org 04/12/2023 Haitian Hearing Notice 1 Erika Mawn From:Kolva, Kathleen A CIV NG MAARNG (USA) <kathleen.a.kolva.civ@army.mil> Sent:Tuesday, April 11, 2023 2:45 PM To:Kolva, Kathleen A CIV NG MAARNG (USA) Subject:Camp Edwards 2023 Public Tours, Grassland Bird Tours, Annual State of the Reservation Report Attachments:Camp Edwards 2023 Public Tours.pdf; Grassland Bird Tours, 2023 CE.pdf Good Afternoon, *2023 PUBLIC TOURS OF CAMP EDWARDS ARMY NATIONAL GUARD TRAINING SITE: The weather is warming, and Camp Edwards is again offering public tours. This is an opportunity to learn firsthand about Camp Edwards Soldier training, the Natural Resources Program’s habitat conservafion, and the Impact Area Groundwater Cleanup Program. These tours will be hosted monthly on Fridays, 9:00am-1:00pm. See the aftachment for dates and details, including how to reserve your spot. We encourage you to share this opportunity with your community. *GRASSLAND BIRD TOURS AT CAMP EDWARDS: The MA Army Nafional Guard’s Natural Resource Program is hosfing six Grassland Bird Tours, late May-early June 2023. This is a unique opportunity for birders, naturalists, and photographers to walk through the Camp Edwards grasslands on a guide-led tour. Please see aftachment for tour dates and registrafion informafion. These tours fill up FAST; if you’re interested, reserve your spot ASAP. *ANNUAL STATE OF THE RESERVATION REPORT, CAMP EDWARDS TRAINING YEAR: Please click this link to read the Camp Edwards Annual State of the Reservafion Report for Training Year 2022 (Oct 1, 2021 - Sep 30, 2022). The Annual Report details the military training and other acfivifies occurring in the Camp Edwards Training Area/Upper Cape Water Supply Reserve on Joint Base Cape Cod. It also describes Massachusefts Army Nafional Guard’s compliance with environmental laws, regulafions, and the 19 Environmental Performance Standards of Chapter 47 of the Acts of 2002. Check out these websites for more informafion on the Environmental Management Commission (EMC) and Camp Edwards Guiding and Regulatory Documents. Best Regards, Kathleen Kolva Kathleen A. Kolva, Community Relations Specialist MA Army National Guard - Camp Edwards Training Site Joint Base Cape Cod Kathleen.a.kolva.civ@army.mil Office: 339-202-9307 2 Cell: 774-286-6108 Camp Edwards (massnationalguard.org) TOUR CAMP EDWARDS Learn more about Camp Edwards’ training venues and habitat protection at: www.massnationalguard.org/ERC/index.html Registration Information Each tour is limited to 36 people and spots will be filled on a first come, first served basis. To register for a tour, please send an email no later than noon on the Thursday prior to the tour to:Emily.d.kelly2.nfg@army.mil with your name and telephone number, or call 339-202-9341. A confirmation email will be sent with further information including directions, meeting location and parking. Camp Edwards, on Joint Base Cape Cod, is hosting tours of the training area during 2023. This is an opportunity for attendees to see and learn firsthand about Camp Edwards' Soldier training venues, Natural Resources Program and habitat conservation work, and the Impact Area Groundwater Cleanup Program. Tour dates are: Friday, May 19 Friday, June 23 Friday, July 14 Friday, August 18 Friday, September 22 Friday, October 20 Each tour runs from 9 a.m. to 1 p.m. Camp Edwards Grassland Bird Tours Children over 10 years of age are welcome on the tour. To register for a tour, please send an email to: emily.d.kelly2.nfg@army.mil, with your name, telephone number, and which tour date you would like. A confirmation email will be sent with further information including directions, base access, meeting place and parking. Accessing Camp Edwards on Joint Base Cape Cod Please remember, Camp Edwards is a restricted access facility and attendees must be registered to access the base. All attendees will be asked to provide their full names, driver’s license number and date of birth to complete the registration process. •Saturday, May 20; registration deadline is Friday, May 12 •Wednesday, May 24; registration deadline is Wednesday, May 17 •Friday, May 26; registration deadline is Friday, May 19 •Saturday, May 27; registration deadline is Friday, May 19 •Wednesday, May 31; registration deadline is Wednesday, May 24 •Monday, June 5; registration deadline is Friday, May 26 Credit: Massachusetts Army National Guard Natural Resource Offi ce The Massachusetts Army National Guard’s Natural Resource Program is hosting grassland bird tours in May and June on Camp Edwards. This is an unusual opportunity for avid birders, naturalists and photographers to walk through the Camp Edwards grasslands on a guide-led tour. There are several hundred acres of grassland managed on Camp Edwards at Joint Base Cape Cod. This thriving habitat, a rarity in the rest of Massachusetts, is home to a variety of grassland bird species including four state-listed species: Upland Sandpiper, Northern Harrier, Grasshopper Sparrow and the Eastern Meadowlark. Other bird species you may encounter are the Clay Colored Sparrow, Prairie Warbler, and Brown Thrasher along with other shrubland/grassland species. Additional information on the grassland habitat is available at www.massnationalguard.org/ERC/natural_habitat.htm. For a look at fascinating research on Joint Base Cape Cod grassland bird migration please visit: https://vtecostudies.org/projects/grasslands/grassland- bird-migration-project/ Each tour will cover approximately 150 acres of this rare and endangered habitat and will last around two hours. Attendees should bring sunscreen, tick protection, and water. Don’t forget your binoculars and camera. Photography is encouraged. Tour Dates and Registration Information Each tour is limited to 20 people and spots will be filled on a first come, first served basis. All tours are from 6 a.m. to 8 a.m. Tour dates are: Credit: Massachusetts Army National Guard Natural Resource Offi ce Attached for your information and dissemination to your Board of Selectmen/Town Council is the Cape Light Compact’s (Compact) quarterly Energy Efficiency Report. The Report breaks out the detail specific to your town. To view your monthly reports from 2006 forward, please visit our website at www.capelightcompact.org/reports. Residents and businesses participated in our Energy Efficiency program If you have any questions about the attached report, please contact Maggie Downey at (508) 375-6636 Cape Light Compact Your Trusted Local Energy Resource! PROUD SPONSOR OF During times. incentive dollars were distributed to residents and businesses. kWh of energy saved. Home Energy Assessments Business Energy Assessmentsshort tons of CO emissions prevented.2 Lower Cape Outreach Council, Inc. REPORT TO THE TOWN OF BREWSTER FISCAL YEAR 2023 Quarter:1. Jul - Sept.2. Oct - Dec 3. Jan - Mar 4. Apr - Jun Year to Date Service Provided Cash Assistance $19,066.34 $28,096.00 $49,470.31 $96,632.65 # of Households **44 56 93 193 Food: Value in $$26,867.50 $31,102.50 $29,823.75 $87,793.75 # of Orders **183 208 226 617 # of Adults 131 167 260 558 # of Children 120 110 137 367 # of Seniors 87 56 80 223 Thanksgiving Baskets in $$0.00 $2,700.00 $2,700.00 # of Orders **0 27 27 # of People 0 71 71 Clothing Value in $$2,342.50 $3,112.50 $3,377.50 $8,832.50 # of Orders **41 51 60 152 # of Adults 34 36 36 106 # of Children 19 29 22 70 # of Seniors 4 5 7 4 Holiday Toys Value in $$0.00 $1,350.00 # of Families **0 18 # of Children 0 31 ** Total Units of Service 268 360 379 989 Value per Unit of Service $180.14 $184.34 $218.13 $198.14 TOTAL CASH VALUE $48,276.34 $66,361.00 $82,671.56 $195,958.90 Town of Brewster Semi -Annual January 1st - June 30, 2023 Statistics through March 31, 2023 Program: #Units Adaptive Aids 34 Home Independence Visits 0 Education and Awareness 47 Information & Referral 28 Outreach 31 Activities 1 Self Help Support Groups 25 Sight Loss Services, Inc. 900 Route 134, Unit 3-25 South Dennis, MA 02660 FY 21 Brewster Regional CDBG Grant Quarterly Report For the period ending 3/31/23 Administration & Management The Brewster Regional CDBG grant is progressing very well. We are on schedule to complete the program on time and despite challenges, including longer-than-usual material delays and the need to hire and train a new Rehab Specialist. We are fortunate to have two experienced Rehab Specialists working with us now and they have adapted their skills to coincide with the more stringent requirements of our program. The town of Brewster is very responsive to all grant needs and is an exceptional lead community. The fiscal component of the CDBG grant is functioning very well. Housing Rehab Program We have 13 projects in the pipeline: 10 under contract of which: 6 completed and closed out, 3 under construction with 1 septic installation still underway, complicated by town water hook up due to a contaminated well, 1 was moved over from FY20 when at the 11th hour severe mold was discovered as the bathroom was getting a tub to walk-in shower for the elderly homeowner. We have 3 projects out to bid and loans to close next week (April 17th) and several in the application phase. The breakouts are Brewster 4 projects, Dennis 5 projects and Wellfleet 4 projects. Six households are elderly (2 single females and 2 couples) and 3 are families, one with children under 6. Lead and septics are the big money items this grant cycle. The 2 of the 3 going out to bid have significant lead hazards that must be addressed: one being a young family with two children under two years old living in an antique home circa 1740. The other lead project is owned by a senior. There is lead literally everywhere along with a leaking roof and glass fuses. Each item is an emergency and left undone would pose seriously hazardous conditions for the homeowner. Sorting through the intense lead reports and searching for the most economical means to address the issue has been a monumental task, requiring several visits with the rehab specialist, moderate risk GCs and a high risk deleader. The third project going out to bid is a mobile home. Everything seems to be outside the box this grant cycle! Operations Our new primary rehab specialist hit the ground running with heroic efforts to make up for lost time. We are now setting our sights on recruiting more GCs for the program. We had 2 new GCs join in on walk throughs for the new grant and one is working on getting his own GC license after working as a sub for several years. Since we are working off a substantial waitlist (with more calls coming in every day), expanding our GC list is now a priority. We now only have 3 GCs from our pre-Covid roster, so it is time to search out new talent. Marketing in the Community Towns continue to do an excellent job of updating their sites and sharing information. Word of mouth is by far the most effective and widespread. The COAs are featuring a blurb about the Housing Rehab Program in each newsletter. FY21 Program ~ Aftershocks & Inflation. As if supply disruptions weren’t enough to slow down progress last cycle, this cycle we are grappling with high costs of everything on Cape Cod and a labor shortage due to the lack of affordable housing for workers and those that have workers are still super busy. Everything is taking longer to schedule, i.e., permitting, septic designs & installations, plumbers, electricians, and our high risk deleader is coming from off Cape and we are using him more and more due to the increased presence of lead in these projects. Prices are coming in very high, so we are working diligently to enlist other collaborators to leverage funds. For far we have 5 households that have been referred to Cape Light Compact for heat pumps due to their failed or non-existent heating situations. Lead paint hazards and septic systems are prevalent in this grant cycle and almost every project is hitting their funding capacity and some exceeding. We are struggling to fund the most critical issues and preventive repair that we used to be able to address (energy efficiency) are falling off the scope. We have reached out to the Red Cross to enlist their assistance with smokes/CO2s. It is not much – but every bit helps now. PERFORMANCE MEASURES - HOUSING REHABILITAION: # of homeowner units occupied by elderly: 11 # of homeowner units moved from substandard to standard: 10 # of homeowner units made accessible: 3 # of homeowner units brought into compliance with lead safety rules: 5 LEAD PAINT REPORTING *Applicable Lead Paint Requirement: *Lead Hazard Remediation Action Housing constructed before 1978 9 Lead safe Work Practices ~ (Hard costs <$5k) 4 Exempt: housing constructed 1978 or later 4 Interim Control or Std Practices ~ (Hard costs $5K -$25K) 3 Otherwise exempt Abatement ~ (Hard costs > $25,000) 2 Exempt: Hard costs <= $5,000 Total 13 Total 9 ***as projects come under contract, the performance measures & the lead hazard remediation action will be filled in. Real Life in Wellfleet: A homebound elderly woman battle health issues, isolation & collapsing floors. Ø Failed roof – replace roof & gutters; deteriorated siding and trim – replace; replace inefficient doors. Ø Failed bulkhead and access – bulkhead stairs collapsed causing her primary Homeowner’s Insurer to cancel her. She currently gets her homeowner’s insurance through the bank that carries her HELOC. These repairs will allow her to get fully insured again; Barrier removal – steps & railing to access the driveway, bathroom & kitchen mods to create walk in shower, widened door to bathroom and kitchen repairs to rotted flooring and counters. Conclusion ~ the building permit was delayed until a septic inspection could be conducted. Good news here, no septic replacement is needed! The town conditionally passed the system with a pump & repair, though it will need a new system upon sale of the home. Before ~ All kinds of code deficiencies-inside and out. After ~ The homeowner’s insurance inspector will be happy to see this repair! It should be noted here that we have some of the best humans (GC~Cedar Crest Properties) working in this program. These kitchen cabinets were infested with mice. Because the project was hitting the 50K cap, the GC took care of the unwanted intruders as a humanitarian gesture- no charge. This is one lucky homeowner. FY21 Brewster Childcare Subsidy Program The FY21 Brewster Regional Childcare Subsidy Program has had another successful quarter, with more applicants joining the program and participating families continuing to bill for their childcare costs. Over the next quarter, we anticipate that many families will be shifting gears towards summer, a busy season in the area for local families who are employed in the service sector. We’re prepared to assist those families with the search for summer childcare and the application process. To date we have received 24 applications and approved 14, a total of 19 children. We’ve encumbered just shy of 60% of funds so far. Performance Measures: New Access: 14 Improved Access: 5 No Longer Substandard: 0 INTERIM PUBLIC HEARING NOTICE FY21 BREWSTER REGIONAL CDBG GRANT Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitation on the number of people that may gather in one place, this meeting of the Brewster FY21 Regional CDBG Interim Public Hearing on Thursday, May 11, 2023 at 11 am will be physically closed to the public and conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the grant administrator’s website, at www.baileyboyd.com. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real-time, via technological means. To participate and/or comment on your computer or smartphone, go to https://us02web.zoom.us/j/81787933564 or call 309-205- 3325, when prompted enter meeting id# 817 8793 3564. The housing rehab and childcare subsidy programs will be discussed. Residents from Brewster, Dennis and Wellfleet are welcome and will be heard. For additional information contact Cassie Boyd Marsh, Grant Administrator, at 508- 430-4499 x1 or email cboyd@baileyboyd.com NO[PENOENCE H O U S E Independence House, Inc. 160 Bassett Lane Hyannis, MA 02601 Tel. 508 771-6507 Fax: 508 778-0143 24 -HOUR HOTLINE 1 800 439-6507 April 10, 2023 Town of Brewster 2198 Main Street Brewster, MA 02631 Dear Grantor, Happy Spring! Enclosed you will find the statistics for January, February, March, and 3rd Quarter. A few quick items to note: In March Independence House with our co-sponsors the Cape & Islands District Attorney's Office, Yarmouth Police, and Barnstable County Sheriffs office held White Ribbon events in Wellfleet, Falmouth, Yarmouth, and at Cape Cod Community College. This month we are holding events across the for Sexual Assault Awareness Month. Thank you for your continued support! If you have any questions regarding the report or other items, please do not hesitate to contact me at 508-771-6507 x235 or bobr( >indhouse.net:. Sincerely, Bob Ravenelle Director of Domestic & Sexual Violence and Grants & Contract Management Independence House January 2023 FY 2023 Barn Bour Brew Chat Den East Falm Harw Mash OrIns Ptown Sand Truro Well Yarm Other/ Unkn Undup/ New Ongoing Clients Total Clients Total Units of Service 209+ -Restraining Orders 52.75 12.25 _ _6.00 0.00 6.25 0.00 20.00 7.25 9.50 5.00 2.00 7.25 0.00 0.00 19.75 7.75 77 64 141 155.75 258E-Harrassment Order 16.00 2.50 2.50 0.00 3.25 0.00 3.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 12.75 2.50 21 17 38 43.50 Childcare 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0 3 3 4.00 Children Exposed to DV 14.50 0.00 4.25 0.00 0.00 0.00 23.50 0.00 2.25 0.00 0.00 3.50 3.00 0.00 3.00 0.00 8 33 41 54.00 Children's Groups 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0 0 0.00 Domestic Violence Group 5.00 2.00 3.00 0.00 2.00 1.00 2.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 4.00 2.00 5 24 29 22.00 Domestic violence Hotline 5.00 0.00 1.00 0.00 1.00 0.00 1.00 0.00 2.00 1.00 0.00 0.00 0.00 0.00 2.00 23.00 0 0 0 36.00 Domestic Violence Services 134.00 19.25 9.50 5.75 10.00 5.00 67.25 22.25 17.75 12.50 5.00 27.25 5.50 0.00 48.00 20.00 54 155 209 409.00 Food Pantry 16.00 0.00 0.00 0.00 1.00 0.00 0.00 1.00 2.00 0.00 0.00 0.00 0.00 0.00 2.00 1.00 0 0 0 23.00 Housing Stabilization 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 4 4 0.00 Medical Advocacy 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.25 0.00 0.00 4.75 0.00 3 0 3 9.00 Other Calls 18.00 0.00 2.00 0.00 0.00 0.00 3.00 5.00 0.00 0.00 0.00 0.00 0.00 0.00 2.00 101.00' 0 0 0 131.00 Outreach/ Education 5.00 0.00 1.001 0.00 0.00 0.00 1.50 0.00 0.50 1.00 0.00 0.00 0.00 0.00, 5.50 0.00 0 73 73 14.50 Prevention Activities 3.00 1.00 1.00 0.00 0.00 0.00 1.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.00 0.00 0 23 23 8.50 SafeHomes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.001 0.00 0.00 0.00 0 0.00 0 0.00 Sexual Assault 26.75 0.00 9.75 1.75 6.75 0.00 11.501 6.75 7.00 0.00 5.75 4.50 0.00 0.00 0.00 0.00 13 29 42 80.50 Sexual Assault Group 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0.00 0 0.00 Sexual Assault Hotline 2.00 0.00 0.00 0.00 1.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.00 3.00 0 0 0 9.00 Survivors of Homicide 4.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.00 0.00 0.00 0.00 0.00 0.00 0.00 4.00 0 5 5 10.00 Teen Groups 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0 0 0.00 Teen Services 12.00 1.00 0.00 0.00 1.00 0.00 8.75 1.00 1.00 2.00 3.00 0.00 0.00 0.00 2.25, 0.00 5 17 22 32.00 Total New Clients 65 13 9 0 5 0 26 9 11 3 1 7 0 0 24 13 186 Total Unduplicated Clients 174 18 15 3 16 3 55 13 17 14 6 17 3 0 71 22 447 Total Clients 239 31 24 3 21 3 81 22 28 17 7 24 3 0 95 35 633 TOTAL (Units) 320.00 38.00 40.00 7.50 32.25 6.00 144.00 43.25 44.00 22.50 15.75 44.75 8.50 0.00 110.00 165.25 186.00 447.00 633 1041.75 Independence House February 2023 FY 2023 Barn Bour Brew Chat Den East Falm Harw Mash Orins Ptown Sand Truro Well Yarm Other/ 1 Unkn Undup/ New Ongoing Clients Total Clients Total Units of Service 709A -Restraining Orders 63.00 18.00 4.75 6.75 21.25 3.00 15.75 2.7.5 18.00 1.25 0.00 6.25 0.00 0.00 16.50 10.00 66 108 174 187.25 258E-Harrassment Order 17.25 0.00 0.25 0.00 0.00 0.00 8.00 3.00 3.00 0.00 0.00 1.50 0.00 0.00 19.00 4.50 21 32 53 56.50 Childcare 1.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 1 1 1.50 Children Exposed to DV 10.75 0.00 2.00 0.00 0.00 0.00 15.75 0.00 1.75 0.00 0.00 2.25 1.00 0.00 5.75 0.00 3 33 36 39.25 Children's Groups 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0 0 0.00 uomestic Violence Group 10.00 3.00 2.00 0.00 3.00 0.00 1.00 0.00 2.00 0.00 0.00 0.00 0.00 0.00 3.00 4.00 17 19 36 28.00 Domestic Violence Hotline 19.00 0.00 1.00 0.00 3.00 0.00 3.00 0.00 3.0.0 0.00 0.00 0.00 0.00 0.00 6.00 46.00 0 0 0 81.00 Domestic Violence Services 116.50 13.75 8.00 3.00 7.75 1.00 38.00 16.00 19.25 10.75 5.00 18.00 1.00 0.00 39.00 25.75 59 145 204 322.75 Food Pantry 13.00 0.00 0.00 0.00 0.00 0.00 0.001 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 4.00 0 0 0 18.00 Housing Stabilization 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.50 0.00 0.00 0.00 0.00 0.00 0.00 0.75 0 4 4 2.25 Medical Advocacy 0.00 0.00 0.00 0.00 0.00 5.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 0 1 5.25 Other Calls 1 32.00 0.00 0.00 0.00 1.00 0.001 2.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 9.00 95.00 0 0 0 140.00 Outreach/ Education 1 9.50 2.00 0.00 0.00 0.00 1.50 0.00 1.50 2.00 0.00 0.75 0.00 0.00 0.00 3.25 2.00 0 321 321 22.50 Prevention Activities 4.50 2.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.50 0.00 0.00 0.50 0.00 0 25 25 8.50 SafeHomes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0.00 0 0.00 Sexual Assault 22.25 0.00 9.25 0.00 3.25 0.00 15.75 6.75 6.25 0.00 4.50 4.00 0.00 0.00 3.75 0.00 13 31 44 75.75 Sexual Assault Group 3.00 0.00 0.00 3.00 0.00 0.00 6.00 0.00 0.001 0.00 0.00 0.00 0.00 0.00 6.00 0.00 3 4.00 7 18.00 Sexual Assault Hotline 5.00 0.00 1.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.001 0.00 1.00 17.00 0 0 0, 25.00 Survivors of Homicide 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.00 0.00 0.00 0.00 0.001 0.00 1.001 3.00 0 5 5 10.00 Teen Groups 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0 0 0.00 Teen Services 12.00 0.00 0.00 0.00 1.50 0.00 8.50 4.25 4.75 2.00 2.25 0.00 0.00 0.00 5.251 0.00 6 20 26 40.50 Total New Clients 67 10 2 2 12 3 21 10 17 1 0 2 0, 0 21 21 _ 189 Total Unduplicated Clients 277 23 12 7 22 26 54 54 42 7 8 20 3 0 82 111 1 748 Total Clients 344 33 14 9 34 29 75 64 59 8 8 22 3 0 103 132 , 937 TOTAL (Units) 342.25 38.75 28.25 13.75 40.75 10.75 113.75 35.25 64.50, 14.00 12.50 33.50 2.00 0.00 120.001 212.00 189 748 937 1082.00 Independence House March 2023 FY 2023 Barn Bour Sand Truro Well Yarm Other/ Unkn Undup/ New Ongoing Clients Total Clients Total Units of Service 209A -Restraining Orders 42.25 7.00 3.25 4.25 14.00 5.25 23.75 8.00 7.50 4.00 1 12.00 2.00 2.50 12.50 16.00 62 97 159 164.50 258E-Harrassment Order 16.50 3.25 111 111 0.75 111 2.75 1 11 1.75 111 1 11 2.50 0.00 0.00 4.25 9.50 20 28 48 41.25 Childcare 1.00 0.00 0.0C) 0.00 11 111 0.00 0.00 0.00 0.00 0.0CI 0.00 0.00 0.00 0.00 0.00 0 2 2 2.00 Children Exposed to DV 12.50 0.00 4.00 0.00 0.00 0.00 22.50 0.00 2.25 i 0.00 0.00 2.00 3.25 0.00 8.50 0.00 ' 27 31 55.00 Children's Groups 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.001 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 0 0 0.00 Domestic violence Group 7.00' 4.00 4.00 0.00 5.00 1.00 4.00 1.50 6.00 1.50 0.00 0.00 0.00 0.00 9.00 7.50 17 44 61 513.50 Domestic Violence Hotline 24.00 1.00 4.00 2.00 2.00 111 4.00 2.00 2.00 3.00 0.00 2.00 11 111 2.00 38.00 1 0 0 87.00 aomestic Violence Services 134.00 29.25 12.50 12.25 16.50 4.50 78.50 38.25 18.00 25.25 6.75 25.75 2.50 0.00 49.00 30.00 76 160 214 483.00 Food Pantry 9.00 0.00 1.00 1.00 2.00 4.00 0.00 0.00 0.00 C .00 0.00 0.00 0.00 0.00 3.00 2.00 1 0 0 22.00 Housing Stabilization 0.00 0.00 0.00 0.00 0.1H3 0.1H3 0.00 0.00 0.00 0.00 0.00 0.1-.)0 0.00 0.00 0.00 0.00 1 4 4 0.00 Medical Advocacy 0.00 0.00 0.00 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.50 2 0 2 6.50 Other Calls 42.00 1.00 0.00 0.00 11 0.00 5.00 1.00 0.00 1.00 0.00 0.00 0.00 0.00 1.00 79.00 1 0 0 133.00 Outreach/ Education 2.50 2.00 2.00 0.00 0.00 0.50 2.00 0.00 0.00 0.00 0.00 1.00 0.00 2.00 4.00 0.00 1 145 145 16.00 Prevention Activities 7.50 0.0C) 0.50 0.00 OM 0.00 2.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.50 0.00 1 44 44 10.50 SafeHomes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0.00 0 0.00 Sexual Assault 47.75 0.00 9.50 2.75 4.75 0.00 19.25 11.75 4.50 1.00 3.50 5.75 0.00 0.00 6.75 0.00 16 35 51 117.25 Sexual Assault Group 5.00 0.00 0.00 3.00 0.00 0.00 2.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.00 0.00 0 6.00 6 15.00 Sexual Assault Hotline 5.00 0.00 1.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 2.00 0 0 0 10.00 Survivors of Homicide 2.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.00 0.00 0.00 0.00 0.00 0.00 2.00 4.00 0 5 5 13.25 Teen Groups 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0 0 0.00 Teen Services 13.00 0.00 0.001 0.00 0.00 0.00 11.25 0.00 0.50 0.00 1.00 0.00 0.00 0.00' 0.75 0.00 4 13 17 26.50 Total New Clients 66 12 5 7 9 0 28 8 7 8 1 8 1 1 12 28 201 Total Unduplicated Clients 174 33 32 8 23 11 96 16 22 8 5 45 3 21 74 39 1 610 Total Clients 240 45 37 15 32 11 124 24 29 16 6 53 4 22 86 67 811 TOTAL (Units) 371.251 37.50 38.75 21.75 42.50 15.75 165.75 47.50 47.25 23.00, 9.75 52.50 11.75 4.50 108.25 181.50 201 610 789 1253.25 Independence House Third Quarter January -March 2023 FY 2023 Third Quarter F'r Barn Bour Brew Chat Den East Falm Harw Mash Orins Ptown Sand Truro Well Yarm Other/ Unkn Undup/ New Ongoing Clients Total Clients Total Units of Service 209A -Restraining Orders 158.00 37.25 14.00 11.00 41.50 8.25 59.50 18.00 35.00 10.25 2.25 25.50 2.00 2.50 48.75 33.75 205.00 269.00 474 507.50 258E-Harrassment Order 49.75 5.75 2.75 0.00 4.00 0.00 13.75 3.00 4.75 0.00 0.00 5.00 0.00 0.00 36.00 16.50 62.00 77.00 139 141.25 Childcare 5.50 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 0.00 6.00 6 7.50 Children Exposed to DV 37.75 0.00 10.25 0.00 0.00 0.00 61.75 0.00 6.25 0.00 0.00 7.75 7.25 0.00 17.25 0.00 15.00 93.00 108 148.25 Children's Groups 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0.00 uomestic violence Group 22.00 9.00 9.00 0.00 10.00 2.00 7.00 1.50 8.00 2.50 0.00 0.00 0.00 0.00 16.00 13.50 39.00 87.00 126 100.50 Domestic Violence Hotline 48.00 1.00 6.00 2.00 6.00 0.00 8.00 2.00 7.00 4.00 0.00 2.00 1.00 0.00 10.00 107.00 0.00 0.00 0 204.00 Domestic Violence Services 384.50 62.25 30.00 21.00 34.25 10.50 183.75 76.50 55.00 48.50 16.75 71.00 9.00 0.00 136.00 75.75 189.00 460.00 649 1214.75 Food Pantry 38.00 0.00 1.00 1.00 3.00 4.00 0.00 1.00 2.00 0.00 0.00 0.00 0.00 0.00 6.00 7.00' 0.00 0.00 0 63.00 Housing Stabilization 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.50 0.00 0.00 0.00 0.00 0.00 0.00 0.75 0.00 12.00 12 2.25 Medical Advocacy 3.00 0.00 0.00 3.00 0.00 5.25 0.00 0.00 0.00 0.00 0.00 1.25 0.00 0.00 4.75 3.50 6.00 0.00 6 20.75 Other Calls 92.00 1.00 2.00 0.00 4.00 0.00 10.00 6.00 1.00 1.00 0.00 0.00 0.00 0.00 12.00 275.00 0.00 0.00 0 404.00 Outreach/ Education 17.00 4.00 3.00 0.00 0.00 2.00 3.50 1.50 2.50 1.00 0.75 1.00 0.00 2.00 12.75 2.00 0.00 539.00 539 53.00 Prevention Activities 15.00 3.00 1.50 0.00 0.00 0.00 3.50 0.00 0.00 0.00 0.00 1.50 0.00 0.00 3.00 0.00 0.00 92.00 92 27.50 SafeHomes 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0.00 Sexual Assault 96.75 0.00 28.50 4.50 14.75 0.00 46.50 25.25''1 17.75 1.00 13.75 14.25 0.00 0.00 10.50 0.00 42.00 95.00 137 273.50 Sexual Assault Group 8.00 0.00 0.00 6.00 0.00 0.00 8.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11.00 0.00 3.00 10.00 13 33.00 Sexual Assault Hotline 12.00 0.00 2.00 0.00 1.00 0.00 1.00 2.00 0.00 0.00 0.00 0.00 0.00 0.00 4.00 22.00 0.00 0.00 0 44.00 Survivors of Homicide 9.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00 0.00 0.00 3.00 11.00 0.00 15.00 15 33.25 Teen Groups 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.001 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 0.00 Teen Services 37.00 1.00 0.00 0.00 2.501 0.00 28.50 5.25 6.25 4.00 6.25 0.00 0.00 0.00 8.25 0.00 15.00 50.00 65 99.00 Total New Clients 198.00 35.00 16.00 9.00 26.001 3.00 75.00 27.00 35.00 12.00 2.00 17.00 1.00 1.00 57.00 62.00 576 Total Unduplicated Clients 625.00 74.00 59.00 18.00 61.00 40.00 205.00 83.00 81.00 29.00 19.00 82.00 9.00 21.00 227.00 172.00 1805 Total Clients 823 109 75 27 87 43 280 110 116 411 21 99 10 22 284 234 2381 TOTAL (Units) 1033.50 124.25 110.00 49.50 122.00 32.00 434.75 142.00 156.00 72.25, 39.75 129.25 19.25 4.50 339.25 568.75 576 1805 2381 3377.00 Housing Coordinator Update March 2023 Jill Scalise Ongoing Activities/ Projects 1.Community Outreach and Education (Housing Production Plan (HPP) Strategy #14) Responded to email and phone requests for information and assistance, 63 total requests for housing information (43) or assistance (20). Open office hours Thursday from 10-noon. New website, and Housing Office webpage, debuted. Completed Housing Program annual report. 2.Brewster Affordable Housing Trust (BAHT) (HPP assorted strategies, Select Board (SB) Strategic Plan H-1) Continued work throughout report. Exploring oversight & parameters of affordable buydown program. 3.Community Housing Parcel off Millstone (SB Strategic Plan H-4, HPP Strategies #12 & 16) Zoning Board of Appeals (ZBA) Comprehensive Permit hearing continued for Preservation of Affordable Housing (POAH) and Housing Assistance Corporation (HAC). Provided information. Compiled Brewster affordable housing parking lot use data. Housing Partnership provided a letter of support to the ZBA regarding Millstone affordable housing. 4.Redevelop Existing Properties for Affordable Housing (HPP Strategy #5) Serenity at Brewster (55+ rental housing, 27 affordable units): With Asst. Manager Kalinick, met with on- site manager. Affordable units all leased. Approx. 30 market rate units remain available. Bus working well. 5.Comprehensive Permit Projects (HPP Strategy #16) Brewster Woods (30 affordable rental units): Fully leased. 30 units restored to SHI. CPC closed out funds. Habitat for Humanity Red Top Road (2 affordable homes): Amended regulatory agreement approved by Select Board. Received affirmative fair housing marketing plan for homes. 6.Preservation of Housing and Related Support of Brewster Residents (SB H-3, HPP Strategy #20) Brewster’s rental assistance program- Met with HAC about program. 6 households have monthly assistance. Community Development Block Grant (CDBG)- 10 housing rehab projects underway, three large projects. 7.Subsidized Housing Inventory (SHI) (HPP Strategy #21 & 22) 212 Yankee Drive- Mold and infestation remediation complete. Housing Trust approved funds for repair of septic system. Plumber to test plumbing, heating, and piping systems. This will inform scope of work. 11 Sean Circle- Freddie Mac did septic work, looking to sell. Site visit with HAC to determine status. 14 Yankee Drive- CPC approved $62,500 buydown enabled affordable resale. Documents prepared and signed. Closing completed and home sold. 8.Housing Production Plan (HPP) (Select Board Strategic Plan Goal H-2) Reevaluating ADU/ACDU bylaw. Met with Town Planner Idman and Asst. Town Manager Kalinick, Met with CDP about Brewster residents/ADU Resource Center. Also discussed ADU resources with HAC. Plan to hold educational session about Local Preference for several boards/ committees in June. 9. Collaboration (HPP Strategy #7) Met with Harwich Housing Advocate as well as HAC about Brewster’s Housing Program; discussed deed restriction feasibility study with Community Development Partnership; took part in a Tufts/ MHP study, including survey & interview, on Housing Trusts; and attended Making the Case call & HOME Consortium. Upcoming Events: Brewster Woods Ribbon Cutting Tuesday May 9th, time TBD. Brewster Regional CDBG Housing Rehab & Childcare Interim Public Hearing May 11th at 11AM, Zoom. Marketing expected to begin in May for two affordable 3-bedroom Habitat homes on Phoebe Way. Personnel Participated in CPC, Housing Partnership, and ZBA meetings. Worked with: Assessor’s, Building, Council on Aging, Finance, Health, Planning, Public Works, Sea Camps Discovery, Water, and Town Administration. Attended training for 30B Procurement Law and new website. Completed state ethics training. IMassPRIM Pension Reserves Investment Management Board 84 State Street, Suite 250 Deborah B. Goldberg, Treasurer and Receiver General, Chair Boston, Massachusetts 02109 Michael G. Trotsky, CFA, Executive Director and Chief Investment Officer Town of Brewster State Retirees Benefits Trust Fund March 01, 2023 to March 31, 2023 Your beginning net asset value for the period was: Your change in investment value for the period was: Your exchanges from (to) the Cash Fund for the period were: Your ending net asset value for the period was: Month To Date Fiscal Year To Date Calendar Year To Date 3,408,555.46 3,294,393.09 3,268,481.19 41,257.58 95,419.95 121,331.85 60,000.00 120,000.00 120,000.00 3,509,813.04 Net Change in Investment Value represents the net change through investment activities as follows: Gross Investment Income: Less Management Fees: Net Investment Income: Net Fund Unrealized Gains/Losses: Net Fund Realized Gains/Losses: Net Change in Investment Value as Above: 10,401.04 (2,899.91) 3,509,813.04 3,509,813.04 61,687.74 (12,338.65) 20,328.53 (4,364.32) 7,501.13 49,349.09 15,964.21 29,179.96 37,081.52 97,412.89 4,576.49 8,989.34 7,954.75 41,257.58 95,419.95 121,331.85 As of March 31, 2023 the net asset value of your investment in the SRBT Fund was: If you have any questions regarding your statement, please contact the Client Services team at clientservice@mapension.com. A detailed statement of your account is attached to this summary sheet. 53,509,813.04 1IMassPRIM Pension Reserves Investment Management Board 84 State Street, Suite 250 Deborah B. Goldberg, Treasurer and Receiver General, Chair Boston, Massachusetts 02109 Michael G. Trotsky, CFA, Executive Director and Chief Investment Officer Town of Brewster Cash Investment March 01, 2023 to March 31, 2023 Your beginning net asset value for the period was: Your investment income for the period was: Your total contributions for the period were: Your total redemptions for the period were: Your total exchanges for the period were: Your state appropriations for the period were: Your ending net asset value for the period was: Month To Date Fiscal Year To Date Calendar Year To Date 0.00 0.00 0.00 0.00 0.00 0.00 60,000.00 120,000.00 120,000.00 0.00 0.00 0.00 (60,000.00) (120,000.00) (120,000.00) 0.00 0.00 0.00 0.00 0.00 0.00 As of March 31, 2023 the net asset value of your investment in the Cash Fund was: If you have any questions regarding your statement, please contact the Client Services team at clientservice@mapension.com. A detailed statement of your account is attached to this summary sheet. $0.00 IMassPR1 M Pension Reserves Investment Management Board 84 State Street, Suite 250 Deborah B. Goldberg, Treasurer and Receiver General, Chair Boston, Massachusetts 02109 Michael G. Trotsky, CFA, Executive Director and Chief Investment Officer PHTF90200002 Commonwealth Of Massachusetts Town of Brewster Investment Detail 3/31/2023 Investments Units Of Participation Cost Price Market Value Unrealized Gain/Loss 13,783.831 HCST OPEB MASTER TRUST 3,408,645.52 254.6326 3, 509, 813.04 101,167.52 Total Investment: 3,408,645.52 3,509,813.04 101,167.52 PRIM Pension Reserves Investment Management Board 84 State Street, Suite 250 Deborah B. Goldberg, Treasurer and Receiver General, Chair Boston, Massachusetts 02109 Michael G. Trotsky, CFA, Executive Director and Chief Investment Officer PHTF90200002 Commonwealth Of Massachusetts NET ASSETS - BEGINNING OF PERIOD DISBURSEMENTS: CASH FUND EXCHANGES RECEIPTS: CONTRIBUTIONS: PARTICIPANTS INVESTMENT INCOME: UNREALIZED GAIN/LOSS-INVESTMENT MASTER TRUST ALLOCATED EXPENSES MASTER TRUST CHANGE IN REALIZED G/L MASTER TRUST INVESTMENT INCOME MT ALL INVESTMENT MANAGER FEES UNIT EXCHANGES Town of Brewster Statement of Change In Net Assets 03/31/2023 Total Receipts Total Disbursements: Net Assets - End of Period: Current Period 3/1/2023 3/31/2023 3,408,555.46 60,000.00 60,000.00 29,179.96 Fiscal Year Year To Date l /2022 3/31/2023 1/1/2023 3131/2023 3,294,393.09 3,268,481.19 120,000.00 120,000.00 120,000.00 120,000.00 37,081.52 97,412.89 -548.22 -2,276.01 -668.82 4,576.49 10,401.04 -2,351.69 60,000.00 161,257.58 60,000.00 8,989.34 7,954.75 61,687.74 20,328.53 -10,062.64 -3,695.50 120,000.00 120,000.00 335,419.95 361,331.85 120,000.00 120,000.00 3,509,813.04 3,509,813.04 3,509,813.04 STATEMENT EXPLANATION Below you will find a description of each item posted to your statement. CAPITAL ACCOUNT Summary of Account Activity: Your beginning net asset value for the period: Your change in investment value for the period: Your total exchanges from (to) cash fund: Your ending net asset value for the period: Gross investment income: Management fees: Net investment income: Net fund unrealized gains/losses: Net fund realized gains/losses: CASH FUND Your beginning net asset value for the period: Your investment income for the period: Your total contributions for the period: Your total redemptions for the period: Your ending net asset value for the period: A summary statement produced for your investment in the State Retiree Benefits Trust Fund (SRBTF) includes both month -to - date and fiscal year-to-date information. This statement is also furnished to the Public Employee Retirement Administration Commission (PERAC). The total balance of your investment as of the opening date of the statement period. The total increase or decrease in your investment includes net investment income, realized gains or losses, and unrealized gains or losses. Movement of funds occurring on the first business day of each month between your Cash Fund and Capital Account (SRBTF). The total balance of your investment as of the closing date of the statement period. Represents your allocable share of the SRBTF's income associated with securities and other investments (i.e. real estate), except for realized and unrealized gains or losses. It is principally interest, dividends, real estate income, and private equity income. Represents your allocable share of the SRBTF's expenses related to PRIM's investment advisors, consultants, custodian and operations expenses. Represents your allocable share of the SRBTF's gross investment income, less Management Fees. Represents your allocable share of the SRBTF's increase or decrease in value, attributed to a change in value of securities or other investments held in the PRIT Fund, relative to original cost. These gains or losses are "unrealized" because the investments have not yet been sold. Represents your allocable share of the SRBTF's increase or decrease in value attributed to the PRIT Fund's sale of securities or other investments (i.e. real estate property). Whether you "realize" a gain or loss depends upon the price at which the investment was sold in relation to its original purchase price. The total balance of your investment as of the opening date of the statement period. Interest earned for the period. Sum of all funds (i.e. wires and/or checks) sent into your SRBTF account during the statement period. Cash contributed any day during the month except the first business day will remain in your Cash Fund until the first business day of the following month, when it will then be exchanged into the General Allocation Account (SRBTF). Sum of all funds sent by wire from the PRIT Fund's custodian bank to your government entity during the statement period. A redemption made be made at any time throughout the month as long as your Cash Fund balance equals or exceeds the amount you wish to redeem. The total balance of your investment as of the closing date of the statement period. If you have any questions regarding your statement, please contact the Client Services team at clientservice@mapension.com. NAV $ (000) Target Allocation Range Actual Allocation % Month FY '23 Calendar YTD 1 Year 3 Year 5 Year 10 Year Since Inception GLOBAL EQUITY 36,833,210 32 - 42%38.9%2.38 10.70 7.37 -6.32 16.42 6.82 8.36 6.44 CORE FIXED INCOME 13,096,246 12 - 18%13.8%2.96 -1.47 4.28 -9.09 -3.85 1.41 2.42 6.50 VALUE ADDED FIXED INCOME 6,771,371 5 - 11%7.2%0.68 5.15 2.96 -0.83 7.78 4.24 4.30 7.38 PRIVATE EQUITY 16,450,010 13 - 19%17.4%0.99 -5.41 0.81 -7.79 23.98 21.68 20.62 15.81 REAL ESTATE 10,263,020 7 - 13%10.9%-2.47 -2.29 -1.40 -1.59 12.87 9.80 10.17 7.05 TIMBERLAND 2,968,719 1 - 7%3.1%0.53 4.11 0.45 6.98 8.25 5.25 6.04 8.10 PORTFOLIO COMPLETION STRATEGIES 7,975,384 7 - 13%8.4%-0.92 1.67 1.34 -1.60 5.67 2.77 3.75 4.11 OVERLAY 192,095 0.0%0.2%9.57 10.43 8.52 -6.18 14.61 5.91 10.92 TOTAL CORE 94,589,322 100%100%1.22 3.09 3.74 -5.50 11.70 7.40 8.22 9.22 1.14 3.13 3.33 -4.82 11.03 7.13 7.61 9.54 TOTAL CORE BENCHMARK (using private equity) 2 1.26 6.09 3.87 -1.38 9.94 6.30 6.86 9.31 PARTICIPANTS CASH 22,291 0.40 2.67 1.14 2.84 1.03 1.49 1.00 3.45 TEACHERS' AND EMPLOYEES' CASH 54,009 0.40 2.62 1.13 2.79 1.01 1.47 0.98 2.34 TOTAL FUND 94,665,622 1.22 3.08 3.73 -5.48 11.67 7.38 8.20 9.26 PENSION RESERVES INVESTMENT TRUST SUMMARY OF PLAN PERFORMANCE RATES OF RETURN (GROSS OF FEES) Periods Ending March 31, 2023 IMPLEMENTATION BENCHMARK (using short term private equity benchmark) 1 3 **MEMORANDUM** TO:Brewster Select Board CC: Peter Lombardi, Jay Packett FROM: Anne O’Connell, Chair, Brewster Golf Commission DATE: 4/18/23 RE: Policy #45 – Remote Participation On behalf of the Brewster Golf Commission, I am requesting that the Select Board suspend a provision of their Remote Participation Policy. On March 29th the State of Massachusetts extended, until 3/31/25, the suspension of certain provisions of the Open Meeting Law. This has resulted in a local policy that is less flexible than that of the State. The provision in question is the current requirement that a quorum of commissioners be physically present at the public location. Prior to the pandemic, remote participation was awkward at best. One of the positives to come out of the pandemic is that technology now allows for smooth and efficient remote participation. In an informal discussion on this issue, it was suggested that since members of the public are now allowed to attend meetings in person, it might be awkward if there were only 2-3 members of a board physically present and an agenda topic generated a large number of attendees. While I appreciate the point, I think that if, based on its meeting agenda, a board anticipated that such an event was likely to occur, all board members would make every effort to physically attend the meeting. In other words, I believe such potential situations can be ably managed by the individual boards. Policy #45 states that (b) The Town will strive to provide opportunities for both in-person and remote participation at Board and Committee meetings to the greatest extent practicable. It is hard to reconcile that statement when the policy, in fact, is limiting remote participation even though permitted by the State. Town Boards and committees are made up of people who volunteer their time and efforts in matters important to the Town. Allowing for flexible participation, where permissible, is both appropriate and more likely to encourage continued resident service to Brewster. In summary, we urge you to follow the State’s lead and allow both virtual and physical attendance to define a quorum. 695 Harwich Road Brewster, MA 02631 April tt,2023 Charles Sumner, Town derator for Brewster Re: Resignations from Fi ce and Audit Committees in the own of Brewster Dear Mr. Sumner: With considerable regret am tendering my resignation the Finance and Audit Committees effective J 30,2023. I would like to remain volved in supporting the Town of It has been a privilege a a pleasure to serve the town over last five years. I have enjoyed the work on these commi the Vision Planning/Local tees and in various liaison positi to the Council on Aging as well as mprehensive Plan committees. I have met amazing and learned so much more about e charm, energy and personality of Brewster. I am grateful the future wherever I can for these experiences and look ard to engaging substantially in Best rds Brewster in any way that address certain personal Dave Whitney, Chair Pete Dahl, chair kes sense but I need to reduce es. of assistance. ect Board ance Committee commitments in order to Pivi Peter Lombardi, T Manager Mimi Lombardo, T Finance Director Archive d: Friday, April 21, 2023 12:08:00 PM From: David Whitney Se nt: Wednesday, April 12, 2023 2:04:47 PM To: Erika Mawn Subje ct: Fwd: Resignation Importance : Normal Se ns itivity: None Hi Erika, Please add to the FYI (?) for 4/24 Thanks Dave Sent from my iPad Begin forwarded message: From: JEFFRY ODELL <> D ate : April 12, 2023 at 11:10:54 AM EDT To: David Whitney <dwhitney@brewster-ma.gov> Cc: Jay Packett <jpackett@brewster-ma.gov>, Anne O 'Connell > Subje ct: R e s ignation Dave , in yo ur c apac ity as Se le c t Board liaison p le ase ad vis e the b oard o f my resignation f rom the Go lf Co mmis s io n. Je f f Ode ll