HomeMy Public PortalAboutSelect Board -- 2023-05-22 MinutesTown of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (50B) 896-3701
www.brewster-ma.gov
office of:
Select Board
Town Manager
MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION
DATE: May 22, 2023
TIME: 6:00 PM
PLACE: 2198 Main Street
PARTICIPANTS: Chair Whitney, Selectperson Hoffmann, Selectperson Chatelain, Selectperson Bingham,
Selectperson Chaffee, Town Manager Peter Lombardi, 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 6:00pm, read the meeting participation and recording
statement and declared a quorum.
Public Announcements and Comment
Kim Pearson, 289 Crocker Lane, provided informational testimony regarding the Mass Department of
Agricultural Resources Vegetation Management Plan (VMP) for the 5 years covering 2023- 2027. Notingthat
the panel approved the VM P with amendments, a final draft will not go to the public prior to its action. Ms.
Pearson reviewed the amendments that are a concern for the Town of Brewster.
Select Board Announcements and Liaison Reports
Selectperson Bingham praised the Council on Aging for holding a wonderful Health Fair. Selectperson
Hoffmann recognized the Recreation Commission fortheir events at the Bay Property as well as the Cultural
Council. Selectperson Chatelain thanked the 400 participants that attended the first Community Forum
about the future of the Sea Camps properties.
Town Mana gr's Report
Mr. Lombardi acknowledged the great turnout for the community forum and those who helped make it
happen. All the materials from the forum are available on the Town website on the Sea Camps Project page.
Another forum is being planned for August. The Town will be releasing a survey for all residents to provide
their feedback.
First Light Beach is opening this weekend and will be open weekends only until June 15th, then open seven
days a week for the season. Reminder that this is a resident only beach.
The Community Pool is opening on June 26 and the Town will be holding a ribbon cutting ceremony on June
25th. There will be four drop-in days for residents who did not purchase a pool pass, but would like to use
the pool this summer. These are $5/day and are first come first serve. The dates are July 15, July 17, July 28,
and August 6. In person sales of guest passes will be held on June 16, June 17, and June 30. Details are
available on our website.
The Town will host the annual Memorial Day service on Monday May 29, at the Council on Aging.
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Consent Agenda
a. Meeting Minutes: April 24 and May 8, 2023
b. Approve & Sign License Agreement with Boy Scouts & Girl Scouts & Cub Scouts for Bottle Recycle
Program at the Recycling Center
c. Fee Waiver Request: Latham Centers Inc. for Building Permit Fees
d. Natural Resources Department Item Declared as Surplus and Acceptance of Donated Item
e. Department of Public Works Item to be Declared as Surplus for Disposal
f. Hawker and Peddler License Application and Fee Waiver Request: Friends of Brewster Dog Park, Inc.
g. Special Event Application: Friends of Brewster Dog Park, Inc.
h. One Day Entertainment License and Fee Waiver Request: Beyond the Bounds and Movement Arts
Cape Cod
i. One Day Liquor License Applications: Cape Cod Museum of Natural History and Friends of Brewster
Elders (and Fee Waiver Request)
j. Appointment of Alternate to Old Kings Highway Historic District Committee
k. Grant Applications: Community Planning Grant Program (Housing) & Enhance Digital Literacy for
Older Adults (Council on Aging)
I. Facility Use Application: Long Pond Woodland Lot and Trails
m. Fee Waiver Request- Cape Cod Sea Camps Building Safety Inspections
Selectperson Chaffee requested to pull out item c, the fee waiver for the Latham Centers until the Select
Board has the full amount of the waiver.
Selectperson Hoffmann moved to approve the Consent Agenda for May 22, 2023, as recommended and
presented without item C. Selectperson Chaffe 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.
6:15pm Continued Public Hearing- Seasonal All Alcohol Liquor License Application: Guapo's Taco Shack.
LLC at 239 Underpass Road
Chair Whitney noted that we will not be completing this public hearing. It will be closed and starting a new
process for this license at a later date.
Selectperson Hoffmann moved that the Select Board take no action on the seasonal all alcohol liquor license
for Guapo's Taco Shack, LLC and close the public hearing. 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.
Discuss and Vote on Common Victualler License Application for Guapo's Taco Shack LLC at 239 Underp as
Road
Chair Whitney noted this will be skipped for the same reason as noted above.
Select Board 5.22.2023 www.brewster-ma.gov Page 2 of 6
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Consent Agenda
a. Meeting Minutes: April 24 and May 8, 2023
b. Approve & Sign License Agreement with Boy Scouts & Girl Scouts & Cub Scouts for Bottle Recycle
Program at the Recycling Center
c. Fee Waiver Request: Latham Centers Inc. for Building Permit Fees
d. Natural Resources Department Item Declared as Surplus and Acceptance of Donated Item
e. Department of Public Works Item to be Declared as Surplus for Disposal
f. Hawker and Peddler License Application and Fee Waiver Request: Friends of Brewster Dog Park, Inc.
g. Special Event Application: Friends of Brewster Dog Park, Inc.
h. One Day Entertainment License and Fee Waiver Request: Beyond the Bounds and Movement Arts
Cape Cod
i. One Day Liquor License Applications: Cape Cod Museum of Natural History and Friends of Brewster
Elders (and Fee Waiver Request)
j. Appointment of Alternate to Old Kings Highway Historic District Committee
k. Grant Applications: Community Planning Grant Program (Housing) & Enhance Digital Literacy for
Older Adults (Council on Aging)
I. Facility Use Application: Long Pond Woodland Lot and Trails
m. Fee Waiver Request- Cape Cod Sea Camps Building Safety Inspections
Selectperson Chaffee requested to pull out item c, the fee waiver for the Latham Centers until the Select
Board has the full amount of the waiver.
Selectperson Hoffmann moved to approve the Consent Agenda for May 22, 2023, as recommended and
presented without item C. Selectperson Chaffe 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.
6:15pm Continued Public Hearing- Seasonal All Alcohol Liquor License Application: Guapo's Taco Shack.
LLC at 239 Underpass Road
Chair Whitney noted that we will not be completing this public hearing. It will be closed and starting a new
process for this license at a later date.
Selectperson Hoffmann moved that the Select Board take no action on the seasonal all alcohol liquor license
for Guapo's Taco Shack, LLC and close the public hearing. 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.
Discuss and Vote on Common Victualler License Application for Guapo's Taco Shack LLC at 239 Underp as
Road
Chair Whitney noted this will be skipped for the same reason as noted above.
Select Board 5.22.2023 www.brewster-ma.gov Page 2 of 6
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Vote on Liquor License Change of Manager for Brown Dog Investments Inc. clb a Laurino's Cape Cod
Village
Selectperson Hoffmann moved that the Board approved the change of manager for the liquor license for
Brown Dog Investments Inc., d/b/a Laurino's Cape Cod Village. 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 Revised FY23 Nauset Regional Schools Operating Budget and Next Ste s
M r. Lombardi noted that the member Towns received correspondence from Nauset Regional District
indicating that due to budget shortfalls on their FY23 budget they required an amendment to the budget.
The School Committee approved an appropriation of a little over $300K in available Excess and Deficiency
(E&D) funds to cover the shortfall. The process requires the Regional School District to notify the
communities of this revised budget, which was approved by Town Meetings over a year ago.
Selectperson Chatelain inquired about the implications of using these funds for future year budgeting. Mr.
Lombardi shared that the schools had encountered increases in their expenses in FY23 that carried forward
to FY24. Noting that there are concerns about the revised budget and use of the E&D funds going forward,
which is their equivalent of free cash. In FY25 and beyond they will most likely need to reduce their reliance
on E&D funds. Mr. Lombardi expressed that this will likely translate to higher increases in terms of our
assessment in FY25 and beyond, and FY25 will be a similarly challenging budget development process with
the schools. There was a brief discussion on the possibility of state aid funding, if this survives the process,
the funds will cover FY26.
Discuss Feedback on Select Board Remote Partici ation Polic far Town Boards & Committees
The Town Manager's office and Select Board liaisons have received feedback expressing concerns about the
practical implications of the policy, specifically meeting the quorum requirements of the committee being
physically present. The Select Board policy is more restrictive than what is allowable with the State guidance
which has been continued until Spring of 2025. The major considerations of the policy are the requirements
that the Chair by physically present, a quorum be physically present and that members of the committees
attend at least 50% of the meetings in person and for regulatory boards/committees they must attend 75%
of the meetings in person.
Members of the Select Board expressed their thoughts on the policy noting that in-person meetings provide
for better quality meetings and discussions by having everyone in the same room. The requirements of the
policy are reasonable and practical and believe the policy is fair and equitable. Selectperson Chaffee would
like to update the policy with a purpose statement and some minor updates. Selectperson Hoffmann
expressed her desire to allow for more flexibility to allow members to participate remotely and advocated
for more flexibility with the quorum requirements.
Discuss and Vote on FY24 Memorandum of Agreement with Orleans Council on Aging for Adult.Supportive
Daycare Pro ram
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Mr. Lombardi reviewed that the arrangement is that Orleans provides services to our residents through an
intermunicipal agreement, this is an annual agreement that has been in place for a long time. There are
increases in the fees that Orleans charges Brewster for FY24 which are in line with the expenses with the
program. Those that receive and have access to these services greatly benefit, as it is nothing that Brewster
can provide in-house. Funding is in the Council on Aging operating budget, if the costs of the program is
exceeded, the Council on Aging has sources to cover the balance.
Selectperson Hoffmann moved that we approve the FY24 Memorandum of Agreement with the Orleans
Council on Aging for Adult Supportive Daycare Program. 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.
Discuss and Vote on Intermunicipal Agreement with Truro for Net metering Credits
Truro is interested in an agreement with Brewster in which Brewster would receive energy credits that Truro
has a significant bank of from a commercial solar project in which they purchased all the output. The project
produces more credits than Truro is able to apply to their energy bills. Brewster's Energy Manager has
looked at our capacity in terms of our off -taker credits as a municipality and we have ample capacity to take
on the credits that Truro is receiving. Brewster would work with Truro and Eversource to identify the
accounts that the credits would be applied to and would provide a check to Truro for 80% of their value. The
structure is that either party can walk away at any time. Brewster would be eligible to receive about $80K in
energy credits in year one and $15K/year in future years based on Truro's excess credits. Mr. Lombardi
shared that this is a unique partnership and there is really no risk and would be an off set to our utility
expenses. Brewster is waiting on Town Counsel to complete their review and expect to vote on the
agreement at the next Select Board meeting.
Discuss and Vote on Amendment to Host Community Agreement with CaEe Cod Grow Labs LLC
Cape Cod Grow Labs has changed their address and reached out to the Town to update the agreement. They
have been continuing their permitting and development at their site. Town Counsel put together the
amendment that clarifies the terms of host community agreement which also applies to the business at this
new address.
Selectperson Hoffmann moved to approve the amendment to the host community agreement with Cape Cod
Grow Labs, LLC as outlined 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.
Update on American Rescue Plan Act Ep enditures and Vote on Revised ARPA Plan
Selectperson Chaffee recused herself as the matter involves County ARPA Funds and left the meeting.
Mr. Lombardi noted the Board approved an expenditure plan for Brewster's direct allocation of just over
$1M in funds. Last fall the county made changes to their expenditure requirements that allow Brewster to
use our share of the ARPA funds, almost $500K, for any lawful public purpose. With the changes, in some
Select Board 5.22.2023 www.brewster-ma.gov Page 4 of 6
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cases the original allocations for the purposes and amounts identified didn't necessarily align with what the
needs were. Here are the modifications of the original plan, for both the direct allocation and the county
funds:
• $273K for one-time premium pay for town employees
• $75K for public health expenditures related to the pandemic
• $275K for resident beach access to the First Light Beach
• $400K for site remediation at the Sea Camps former shooting range
• $300K for Long Pond Boat ramp
• $35K for the Crosby Property Revolving Fund revenue loss
• $25K for partial funding of new seasonal Natural Resources positions
• $5K for FY22 single audit
• $1500 for Building & Health department overtime
• $10K for Wing Island consulting services
• $35K for supplemental Sea Camps planning support
With these proposals there will be a balance of about $84K, which needs to be allocated by December of
2024. The two remaining variables on the plan are the Long Pond Boat ramp, which is set to begin in
September and the site remediation, which will go out to bid this summer.
Selectperson Chatelain asked about the ARPA funds being used for employee positions and how this would
impact future budgets. Mr. Lombardi noted that the funds for First Light Beach include gate attendants and
that this will need to be absorbed if we decide to keep the same approach at the property in future years.
The positions with Natural Resources are dependent if we hire and if it meets the needs of the department.
Selectperson Hoffmann moved to approve the American Rescue Plan Act expenditure revised ARPA Plan.
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.
FYts
Mr. Lombardi noted the letter from the Association to Preserve Cape Cod regarding the discharge of
wastewater from the decommissioned Powerplant. A draft letter will be up for consideration at the next
Select Board meeting.
Ms. Kalinick encouraged the Board and residents to complete the Regional Housing Survey. The results of the
survey will provide data about Brewster and inform the ultimate strategies for the Region and Towns.
Matters Not Reasonably Antici ated b the Chair
None
Questions from the Media
None
Select Board 5.22.2023 www.brewster-ma.gov Page 5 of 6
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Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone; (508) 896-3701
www.brewster-ma.gov
Next Meetin' s
June 5, June 26, July 10, July 24, August 7, and August 21, 2023
Office of:
Select Board
Town Manager
Adjournment
Selectperson Hoffmann moved to adjourn at 7:18pm. Selectperson Chatelain second. A roll call vote was
taken. Selectperson Bingham -yes, Selectperson Chatelain-yes, Selectperson Hoffmann -yes, Selectperson
Chaffee, Chair Whitney -yes. The Board vote was 5 -Yes, 0 -No.
Respectfully submitted by Erika Mawn,
Executive Assistant
Approved: _ to, 5. daa3 Signed: _
Date Selectperson Hoff nn, Clerk of the Select Board
Accompanying Documents in Packet: Agenda, Town Manager's Report, Consent Agenda items, Liquor License change of manager,
Regional School budget, Remote participation policy, Memorandum of Agreement, Intermunicipal Agreement, Cape Cod Grow Labs
amendment, ARPA documents, His.
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