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Home My Public Portal AboutSelect Board -- 2023-05-08 MinutesOP, oil 's Town of Brewster 2198 Main Street 3n. a Brewster, MA 02631-1898 Phone. (508) 896-3701 -- www.brewster-ma.gov MINUTES OF THE SELECT BOARD MEETING DATE: May 8, 2023 TIME: 5:45 PM PLACE: 2198 Main Street Office of: Select Board Town Manager REGULAR SESSION PARTICIPANTS: Chair Whitney, Selectperson Hoffmann, Selectperson Chatelain, Town Manager Peter Lombardi, Human Resources Director Susan Broderick, James Norcross, District Attorney Galibois, Carmen Scherzo REMOTE PARTICIPANTS: Selectperson Bingham, Selectperson Chaffee (joined at approximately 6:30pm), Griffin Ryder, Ryan Burch Call to Order Declaration of a Qqorum, Meeting Participation Statement and Recording Statement Chair Whitney called the meeting to order at 5:45pm, read the meeting participation and recording statements and declared a quorum. Executive Session • To discuss strategy with respect to collective bargaining if an open meeting may have a detrimental effect on the bargaining position of the public body and the chair so declares (Fire Union & Police Patrol Officers Union) Selectperson Hoffmann moved to enter the executive session at 5:46pm. Selectperson Chatelain second. A roll call vote was taken. Selectperson Chatelain-yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Chair Whitney -yes. The Board vote was 4 -Yes, 0 -No. The Board returned to regular session at 6:12pm. Vote on Updated FY24-26 Police Patrol Officers Union Contract Mr. Lombardi shared that a tentative agreement has been reached for a new contract for FY24-26, this includes a one-time payment of $800 in FY24 as identified by Human Resources in looking to implement the new wage scale for officers currently on step 5. Selectperson Hoffmann moved to vote to approve the updated FY24-26 Police Patrol Officers Union Contract as described. Selectperson Chatelain 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 None Select Board Announcements and Liaison Reports Selectperson Hoffmann thanked all teachers that educate our students in honor of Teacher Appreciation week. Select Board 5.08.2023 www.brewster-ma.gov Page 1 of 6 �\o,".. Office of: �� oft 4/ip�� Town of Brewster o(( O �oFa sq F4 116 Select Board °� 2198 Main Street Town Manager Brewster, MA 02631-1898 o CO EPhone: (508) 896-3701 www.brewster-ma.gov % Town Manager's Report Mr. Lombardi shared the following updates: • Sea Camps Community Forum on Saturday May 20th in the dining Hall at the Bay Property, two sessions 10am-12pm and then fpm-3pm. Property will be open to residents from gam — 4pm. Registration for residents will open on May 9th. Brewster Rec is offering activities for kids and the Council on Aging is offering transportation for seniors. More information will be available on the website. This is the first of six forums. • First Light Beach is opening to residents on Memorial Day weekend, Saturday May 2711 from 7am until Bpm, gates will close at 6pm. The beach will be open on weekends through June 15th, and then 7 days a week through Labor Day and weekends only from Labor Day through Columbus Day. This is a resident only beach, so a valid beach permit will be needed to access the property. • Members from the Cape Cod YMCA gave a presentation to the Bay Property Planning Committee expressing their interest in pursuing a potential partnership with the Town to build a Lower Cape Y Facility on the Bay property. This is an idea in the very early stages, the committee unanimously voted to solicit feedback from residents at the forum. • Town held the second public forum on the Low -Lying Roads project with the Cape Cod Commission, which discussed several possible solutions on three locations in Town. The commission is seeking feedback from residents on what was proposed in order to proceed with the next steps. Two of the three locations are on 6A, which would require coordination with the State. Resident feedback is open through the end of the month. • Recognized the work by the Department of Public Works over the past few weeks in repaving Breakwater and Foster Roads using funds through the WRAP program. Two of the landing roads that were high on the pavement management plans needed to be addressed. The repaving of Underpass Road in coordination with National Grid is close to being completed, the crosswalks should be finished in the next couple of weeks. • In preparation for our summer season, the Department of Public Works will be working on landing roads for routine maintenance. • Great turnout for Brewster in Bloom, thank you to all Town Departments, local businesses and Chamber of Commerce in making it a success. • Memorial Day ceremony at the Council on Aging will be held at 12pm on Monday May 29, 2023. Ms. Kalinick thanked our Town Clerk staff in honor of "Celebrate Municipal Clerk's Week", particularly for their work with Town Meetings and Elections. Adding that tomorrow is the ribbon cutting for the opening of Brewster Woods, the residents living there are doing well and extremely grateful to have a nice place to live. Consent Agenda a. Facility Use Applications and Fee Waiver Requests (Drummer Boy Park): Beyond the Bounds, Movement Arts Cape Cod and Friends of Brewster Dog Park Inc. b. Temporary Sign Permit Fee Waiver Request: Garden Club of Brewster c. Approval of Signature of Discharge of Mortgage for Habitat for Humanity of Cape Cod Paul Hush Way Phase Two Select Board 5.08.2023 www.brewster-ma.gov Page 2 of 6 rF°%� Town of Brewster ,Q��NOR 2198 Main Street Brewster, MA 02631-1898 0_ Phone: (508) 896-3701 — www.brewster-ma.gov n..fB. 19. %Bo�mQ\\\\� d. Cell Tower Modification Request: SBA Communications Corp e. Fee Waiver Request: Town Hall Window Project Building Permit Fee f. Acceptance of Gifts: Friends of Brewster Dog Park Office of: Select Board. Town Manager Selectperson Hoffmann moved to approve the Consent Agenda along with the administration recommendations. Selectperson Chatelain 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. Discuss and Vote to Add Part-time Enerxv Manaxer Position to Personnel Bylaw Mr. Lombardi noted that the Town has had a part-time Energy Manager for about two years, which started through a partnership with the Cape Light Compact. Under the agreement, the position was to work about 8 hours a week for the town on energy programs. This position was initially funded through the Green Communities Designation grant. When the solar carports at the golf course were constructed, the Select Board agreed to allocate a portion of the proceeds from the driving range to help fund the position, with no net impact on the operating budget. This position is proposed as grade 7 in the bylaw and may be able to increase the hours to 10 hours per week. The position would be posted. Selectperson Hoffmann moved to add the part-time Energy Manager position to the Personnel Bylaw. Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Chaffee - yes, Selectperson Chatelain-yes, Selectperson Hoffmann -yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. Discuss and Vote to Add Junior Lifeguard Position to FY23-24 Fixed Rate and Wage Scale Ms. Broderick shared that the Recreation Department would like to add a new seasonal position of junior lifeguard. State Law requires lifeguards to be at least 16 years old age, this would allow those under 16 to get their certification as a junior lifeguard. They are not allowed to handle emergency procedures or rescues. Selectperson Hoffmann moved to approve the additional of junior lifeguard positions to the FY23-24 Fixed Rate and Wage Scale. Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Chatelain-yes, Selectperson Hoffmann -yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. 6:15pm Public Hearing -Seasonal All Alcohol Liquor License A lication: Gua o's Taco Shack LLC – 239 Underpass Road Selectperson Hoffmann moved to open the public hearing for the seasonal all alcohol liquor license application, Guapo's Taco Shack LLC at 239 Underpass Road. The hearing was posted in the Cape Codder on April 28 and May 5, 2023. Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham - yes, Selectperson Chaffee -yes, Selectperson Chatelain-yes, Selectperson Hoffmann -yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. James Norcross, attorney for Guapo's Taco Shack, LLC, noted that his client is under contract to purchase the property and has submitted the application for both the liquor license and common victualler license. There Select Board 5.08.2023 www.brewster-ma.gov Page 3 of 6 EWg �lGi��y LVE F , Town of Brewster 1O : Select Board 2198 Main Street Town Manager ma c Brewster, MA 02631-1898 ° Phone: (508) 896-3701 '., www.brewster-ma.gov has been a delay in the acquisition of the property and has requested to continue the hearing and the vote on the Common victualler license until the May 22, 2023 meeting. Selectperson Hoffmann moved to postpone the public hearing until May 22, 2023 and keep the public hearing open. Selectperson Chatelain second. A roll call vote was taken. Selectperson Bingham -yes, Selectperson Chaffee -yes, Selectperson Chatelain-yes, Selectperson Hoffmann -yes, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No. Discuss and Vote on Common Victualler Application: Guano's Taco Shack LLC- 239 Underpass Road Chair Whitney declared that this agenda item will be continued at the May 22, 2023, Select Board meeting. Update from District Attorney Galibois Newly elected District Attorney for the Cape and Islands, Rob Galibois, joined the meeting. Mr. Galibois reviewed his first four months in office and the employees who work with him, highlighting actions taken that include vertical prosecution, an unsolved homicide unit, a newly created DEI (Diversity, Equity and Inclusion) committee and information on mental health court. Update on Doe Park- Carmen Scherzo, President of Friends of Brewster Doe Park & Griffin Ryder, DPW Director Mr. Scherzo expressed that the popularity of the dog park has exceeded expectations and recognized various town officials for their help and support. The Friends of Brewster Dog Park meet regularly with Town officials to discuss ongoing activities at the dog park, noting that the board and volunteers have contributed hundreds of hours to the dog park. Mr. Scherzo shared that the Friends of Brewster Dog Park has contributed $23,842 in improvements to the dog park since its opening. Mr. Scherzo also noted that there has been some frustration with incidents that have occurred at the dog park and inquired on how the rules can be enforced. Mr. Lombardi reviewed the financial partnership with the Friends of Brewster Dog Park, noting that Town Meeting appropriated $10K for ongoing maintenance and that the Town is eligible to apply for additional funds through the Stanton Foundation in the coming years. Mr. Lombardi acknowledged the handful of incidents, but given the volume of traffic, the park has done very well, and the stewards have a regular presence at the park. Discuss and Vote on Proposed 2023 Razor Clam Regulations- Rvan Burch, Natural Resources Officer Ryan Burch reviewed the proposed changes as outlined in the packet, noting that Natural Resources have been working with the harvesters about the changes. The biggest change is opening on June 1, as this will give adequate time to complete a good assessment of the resources. Mr. Burch added that the Town has done a good job at managing the resource and restrictions on the amount of harvesting. He also reviewed how the Natural Resources Department completes their assessment to determine when they may need to open or close. Mr. Lombardi confirmed that the Natural Resources Advisory Commission has reviewed and endorsed the plan in March. Select Board 5.08.2023 www.brewster-ma.gov Page 4 of 6 \\W iip °��%� flown of BrewsterOffice of: DRIt \C�a OE DfA A �-± G% V, ?2- Select Board 2198 Main Street Town Manager Brewster, MA 02631-1898 Ile__ Phone: (508) 896-3701 www.brewster-ma.gov % Selectperson Hoffmann moved to approve the 2023 Razor Clam Regulations as written in the packet. Selectperson Chatelain 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. Discuss and Vote on Select Board Policy Updates t#4 & #22} Ms. Kalinick noted that the Town Manager's office has started the process of reviewing Select Board policies and completing updates and re -writes. Select Board Policy #4, Items brought before the Select Board for signature were last amended in 1997. Ms. Kalinick reviewed the steps taken to provide an update for this policy. Selectperson Hoffmann moved to approve the Select Board Policy for policy number 4: The Select Board policy on items brough before the Select Board for signature. Selectperson Chatelain 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. Ms. Kalinick reviewed policy #22, Public beach, pond, and landing policy, which was last modified in December 2016. Ms. Kalinick went through the changes to the policy, adding that this policy needs to be reviewed on a regular basis. This policy was reviewed by the Natural Resources Department for verification of regulations that are under their purview. This policy will be linked to the beach information page on the website. Mr. Lombardi noted that we will display the policy relatively prominently on the website and that the Town has signs at all the town landings with the most important rules and regulations. Selectperson Hoffmann moved to vote to approve the Select Board Policy updates #22, the Select Board Public Beach, Pond, and Landing Policy. Selectperson Chatelain 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. Review and Vote on Draft Letter to Nauset Regional School Committee Seeking to Amend Regional School Agreement Mr. Lombardi summarized the changes to the original draft letter which included: • Changes to the methodology for allocating the costs of transportation for Charter and Choice students. • The proportional representation of the School Committee in terms of representatives from all four member towns which was set back 20+ years ago, to see if the composition is equitable. • Insertion of language that would create a check in for all parties on specific standard increments. • Encourage the School Committee to make every effort to include Truro and Provincetown in the Regional Agreement or negotiate the next iteration of the tuition agreements to include their proportional share of the region's debt starting in FY25. Select Board 5.08.2023 www.brewster-ma.gov Page 5 of 6 a wg r /a,,,� lce of: o'„p ;F9 Town of Brewster Select Board 2198 Main Street Town Manager Brewster, MA 02631-1898 _ — Phone: (508) 896-3701 — _ www.brewster-ma.gov Mr. Lombardi noted that the amendments to the Regional School Agreement will have to be approved by the member towns at Town meetings. Selectperson Hoffmann moved to approve the sending the draft letter to the Nauset Regional School Committee seeking to amend the Regional School Agreement. Selectperson Chatelain 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. FYIs • Mr. Lombardi thanked Sharon Marotti and the entire AARP tax prep team for the services they provided to the Brewster residents. • The Council on Aging Wellness Fair (available to people of all ages) will be held on Friday May 19 at 2pm at the Brewster Baptist Church. • The Recreation Commission has adopted the updated regulations for the Community Pool, they are available on the website and the Recreation Department website. • Ms. Kalinick shared that the most recent Community Development Block Grant report shows the amazing work in the community on housing rehab and childcare vouchers. She also referenced the letter from a recent resale that signifies the work that is completed in the housing program has a real significant impact on individuals in our community. Matters Not Reasonably Anticipated by the Chair: None Questions from the Media: None Next Meetinks: May 22, and June 5, 2023 Adiournment Selectperson Hoffmann moved to adjourn at 7:47pm. Selectperson Chatelain 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. Respectfully submitted by Erika Mawn, Executive Assistant Approved• . � -=' � _ _ Signed: Date Selectperson HoffrrlVnV, Clerk of the Select Board Accompanying Documents in Packet: Agenda, Town Manager's Report, Consent Agenda items, Part-time Energy Manager Position, Jr. Lifeguard position, Public Hearing documents, Common Victualler application, Brewster Dog Park update, Proposed 2023 Razor Clam Regulations, Select Board Policies (#4 and #22), Draft letter seeking to amend the Nauset Regional School Agreement, For Your Information. Select Board 5.08.2023 www.brewster-ma.gov Page 6 of 6