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Home My Public Portal AboutSelect Board -- 2023-07-10 Minutes� $''' Town of Brewster per" 0 4V,E--. _ Ai �'�� 2198 Main Street a a = Brewster, MA 02631-1898 °- Z y — Phone: (508) 896-3701 www.brewster-ma.gov MINUTES OF THE SELECT BOARD MEETING DATE: July 10, 2023 TIME: 6:00 PM PLACE: 2198 Main Street Office of: Select Board Town Manager REGULAR SESSION PARTICIPANTS: Chair Chatelain, Selectperson Whitney, Selectperson Bingham, Selectperson Hoffmann, Selectperson Chaffee, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick, Lynda Brogden -Burns, Gregg Corbo, Bernardo Macedo, Amanda Bebrin, Mimi Bernardo (Finance Director), Robert Moran (Fire Chief) REMOTE PARTICIPANTS: James Norcross, Jackie Lancaster Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Chatelain called the meeting to order at 6:00pm, read the meeting participation and recording statement and declared a quorum. Public Announcements and Comm None Select Board Announcements and Liaison Report Selectperson Hoffmann announced there will be a presentation on Thursday July 13 at 6pm at Town Hall, Brad Chase from Mass. Division of Marine Fisheries will be presenting on the Stony Brook Herring Run. This will be a joint meeting of the Alewife Committee and the Natural Resources Advisory Committee. Town Manager's Report Mr. Lombardi expressed his appreciation to all who helped with Brewster Conservation Day, including the Natural Resources Department, Brewster Conservation Trust and the many committees, departments and local organizations who participated. Information is included in the packet for a proposal for a consulting firm to assist in improving communications and outreach to residents. The Town is looking to develop a communications plan, identify best practices, solicit resident feedback, and participate in local government. Mr. Lombardi expects their assessment and recommendations by the end of the calendar year. Mr. Lombardi acknowledged that the Millstone Road Affordable Project is moving forward and the comprehensive permit decision was issued by the Zoning Board of Appeals last month. There will be a joing meeting with the Select Board, Housing Partnership, Affordable Housing Trust, Finance Committee and the Community Preservation Committee to talk about local preference next month. Consent Agenda a. Meeting Minutes: June 5, 2023 b. Appointments: Golf Commission and Council on Aging Select Board 7.10.2023 www.brewster-ma.gov Page 1 of 5 c. Re -Appointment Update for Water Quality Review Committee d. Application for Facility Use and Fee Waiver Request: Anglican Church of the Resurrection e. One Day Liquor License Applications: Chatham Bars Inn Farm f. Vote to Approve and Sign Conservation Restriction for 0 Stony Brook Road g. Request for Commercial Shellfish Permit Chair Chatelain noted that an item was removed from the agenda. Selectperson Hoffmann moved to approve the Consent Agenda for July 10, 2023, as amended, and recommended. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Daneerous Doe Hearine (MGL Ch 140 Sec 157): Katherine Muchunguzi, 96 Huckleberry Lane Chair Chatelain noted that the hearing has been requested by Brewster's Animal Control Officer, Lynda Brogden -Burns and will be conducted by Town Counsel representative Gregg Corbo. Chair Chatelain reviewed the format of the hearing. Mr. Corbo noted that the Select Board will be deliberating over two issues after the evidence has been presented, first whether to find if the dog is a nuisance dog or dangerous dogs as the terms are defined in State Law and second, if the dog fits in either definition, what if any remedy should be imposed to abate the nuisance or the danger. Mr. Corbo announced that by State Law the Select Board cannot issue an order that prohibits the dog from residing in the Town of Brewster. Selectperson Hoffmann moved to open the public hearing for the dangerous dog hearing (MGL Ch 140 Sec 157), Katherine Muchunguzi of 96 Huckleberry Lane, the hearing was noticed in the Cape Codder on June 30 and July 7, 2023. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Anyone who intended to testify was sworn in by Mr. Corbo. It was noted that there were no representatives of the owner of the dog at the meeting. Lynda Brogden -Burns summarized her experience with the dog, including her interaction with the dog after the quarantine period. The recommendation by Animal Control Office Brogden -Burns is that the dog, "Mina" be deemed a nuisance dog per MGL Ch. 140, §157 with the following conditions: • Mina be kept securely confined indoors and whenever outdoors, the dog shall be secure and humanely muzzled and restrained on a leash not exceeding six feet and under the control of a responsible adult. • If Mina is left unsupervised outdoors, she must be muzzled and tethered or confined in a securely enclosed pen set forth in the regulations in MGL Ch. 140 §174E. • The Muchugnuzi's provide Mina with professional dog training. • Mina's rabies vaccination be kept current, and the dog must be licensed annually in the Town. Select Board 7.10.2023 www.brewster-ma.gov Page 2 of 5 Town of Brewster Office of: \\�\\o\\\•.oaewsr�,,,�� O!� DF ELDEq 99 9 %; Select Board 2198 Main Street Town Manager 3 a n = Brewster, MA 02631-1898 �\ Phone: (508) 896-3701 www.brewster-ma.gov AN` c. Re -Appointment Update for Water Quality Review Committee d. Application for Facility Use and Fee Waiver Request: Anglican Church of the Resurrection e. One Day Liquor License Applications: Chatham Bars Inn Farm f. Vote to Approve and Sign Conservation Restriction for 0 Stony Brook Road g. Request for Commercial Shellfish Permit Chair Chatelain noted that an item was removed from the agenda. Selectperson Hoffmann moved to approve the Consent Agenda for July 10, 2023, as amended, and recommended. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Daneerous Doe Hearine (MGL Ch 140 Sec 157): Katherine Muchunguzi, 96 Huckleberry Lane Chair Chatelain noted that the hearing has been requested by Brewster's Animal Control Officer, Lynda Brogden -Burns and will be conducted by Town Counsel representative Gregg Corbo. Chair Chatelain reviewed the format of the hearing. Mr. Corbo noted that the Select Board will be deliberating over two issues after the evidence has been presented, first whether to find if the dog is a nuisance dog or dangerous dogs as the terms are defined in State Law and second, if the dog fits in either definition, what if any remedy should be imposed to abate the nuisance or the danger. Mr. Corbo announced that by State Law the Select Board cannot issue an order that prohibits the dog from residing in the Town of Brewster. Selectperson Hoffmann moved to open the public hearing for the dangerous dog hearing (MGL Ch 140 Sec 157), Katherine Muchunguzi of 96 Huckleberry Lane, the hearing was noticed in the Cape Codder on June 30 and July 7, 2023. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Anyone who intended to testify was sworn in by Mr. Corbo. It was noted that there were no representatives of the owner of the dog at the meeting. Lynda Brogden -Burns summarized her experience with the dog, including her interaction with the dog after the quarantine period. The recommendation by Animal Control Office Brogden -Burns is that the dog, "Mina" be deemed a nuisance dog per MGL Ch. 140, §157 with the following conditions: • Mina be kept securely confined indoors and whenever outdoors, the dog shall be secure and humanely muzzled and restrained on a leash not exceeding six feet and under the control of a responsible adult. • If Mina is left unsupervised outdoors, she must be muzzled and tethered or confined in a securely enclosed pen set forth in the regulations in MGL Ch. 140 §174E. • The Muchugnuzi's provide Mina with professional dog training. • Mina's rabies vaccination be kept current, and the dog must be licensed annually in the Town. Select Board 7.10.2023 www.brewster-ma.gov Page 2 of 5 \,,,,.0°, REWS'iip�� Town of Brewster Office of: �( .� ELDER 6 �in �%i A�?�'T ' Select Board '_ �e° a g 2198 Main Street Town Manager 3 F� MV a = Brewster, MA 02631-1898 , 0 z�N_L�� Phone: (508) 896-3701 www.brewster-ma.gov PC P Members of the Select Board deliberated on the evidence that has was submitted. Attorney Corbo provided information relating to the labels that may apply to Mina, noting that the Board could reconvene and lift any label placed on the dog. There was clarification on the labeling of nuisance vs. dangerous including the matter of degree and circumstance and if there are external mitigating factors that may have caused the dog to react. Ms. Brogden -Burns reviewed her requests to the owners that the dog be trained and licensed in prior instances. Attorney Corbo provided information on what could happen if the Select Board order is not complied with, which includes seizure of the dog by the Animal Control Officer and criminal penalties. Witness Jackie Lancaster provided details of her interactions with Mina, one of which resulted in her daughter, Raven Berry, being bitten by Mina in Brewster, where Ms. Berry lives. This incident was unprovoked and as a result Ms. Berry and family take precautions when entering/exiting the property. The Select Board recommended to find that the dog is a nuisance dog, and the following conditions will be imposed to abate the nuisance: 1. The dog must be confined to the premises of its owner/keeper either indoors or outdoors properly sheltered from the elements in a securely enclosed and locked pen or dog run area with a secure roof. If the enclosure has no floor with the sides not less than 2 feet embedded into the ground. 2. When removed from the premises of the owner/keeper and not within the pen the dog shall be securely and humanely muzzled with a chain or other tethering device having a minimum tensile strength of 300lbs and not exceeding 6 feet in length. The muzzle requirement applying when the dog is in the pen. 3. The owner/keeper provides documented proof of no less than $100,000 insurance for claims resulting from intentional or unintentional acts of the dog or of reasonable efforts to obtain such insurance if a policy has not been issued. 4. The owner/keeper provide the licensing authority, animal control office or other entity identified with information by which the dog may be identified including for example photographs, videos, veterinary examination, tattooing or microchip implants or combination thereof. 5. The dog must be licensed in any municipality. 6. The owner keep the dog current on vaccinations. 7. The dog is enrolled in a training program with a certified trainer with evidence of completion of the program to be submitted within 6 months. Training contract to be in place within 2 weeks and monthly progress reports from the trainer to be filed with the Animal Control Office. The decision letter will be signed by the Chair and the letter be sent to the Animal Control Office in Barnstable. Selectperson Bingham moved to accept the orders as presented. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Selectperson Hoffmann moved to close the public hearing. Selectperson Bingham second. A roll call vote Select Board 7.10.2023 www.brewster-ma.gov Page 3 of 5 Town of Brewster Office o �°E °E" B9 '% Select Board 2198 Main Street Town Manager r� — - a a = Brewster, MA 02631-1898 rn Phone: (508) 896-3701 —= www.brewster-ma.gov ////ERPORF"t B was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Review and Vote on Common Vicutaller License: Brewster Pico LLC The owner/manager was present to answer any questions regarding his application. Ms. Kalinick noted that the Common Victualler license is required to open and noted that the business is intending to operate the same as the previous restaurant that was located in the same space. Mr. Macedo noted that this will be primarily take-out with outdoor seating provided. Chair Chatelain reminded that liquor sales are not approved at this time. Selectperson Hoffmann moved to approve the Common Victualler License for Brewster Pico LLC. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham - yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Discuss and Vote on Proposed Committee Open House & Volunteer Appreciation Event- Amanda Bebrin Amanda Bebrin, Chair of the Bay Property Planning Committee, introduced the event expected to be held at the end of September. The proposal is for a job fair style open house where boards and committees could host a table and present the work that they are responsible for. The second part would be a volunteer appreciation luncheon. Members of the Select Board are supportive of this concept. Selectperson Hoffmann moved to approve the proposed committee open house and volunteer appreciate event. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Vote on FY23 Year -End Transfer Request(s) Mimi Bernardo noted that MGL Ch.44 §33b states that up through July 15, 2023, transfers from any budget with available funds to a budget that needs funding is allowed. Fire Chief Moran explained that due to staffing shortages there has been an increase in overtime. Selectperson Hoffmann moved to approve the year-end transfer for 2023 as outlined in the packet for $10K. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham - yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Review Boat Ramp Construction Schedule & Vote on Long Pond Landing Closure Mr. Lombardi reviewed the Long Pond landing projected that will include onsite formal trailer parking for safer access and significant enhancement to storm water treatment and control. Funding has been secured for the project which is to be completed by Speakman Excavation and overseen by Horsley Witten. Our Natural Resources Director, Chris Miller and DPW Director, Griffin Ryder will also provide internal oversight Select Board 7.10.2023 www.brewster-ma.gov Page 4 of 5 , Office of: Town of Brewster Q�. p -EIDER Select Board ;' 2198 Main Street Town Manager N Brewster, MA 02631-1898 o� Phone: (508) 896-3701 - www.brewster-ma.gov A B P18�9 of the project. The landing will be closed from September 5, 2023, through the end of December, there may be a need to close the landing again in the Spring. Selectperson Hoffmann moved to approve the construction schedule of Long Pond Landing and the closure of public access of the Town Landing from September 5, 2023, through December 1, 2023 with the additional requirements that closures may be needed in Spring 2024 to complete the finished work and landscaping. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham - yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. FYIs No comments Matters Not Reasonably Anticipated by the Chair None questions from the Media None Next Meetings July 21, July 24, August 17, and August 21, 2023 Adjournment Selectperson Chaffee moved to adjourn at 7:27pm. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Respectfully submitted by Erika Mawn, Executive Assistant Approved: Signed: Date Selectperson Hoffrrpnh, Clerk of the Select Board Accompanying Documents in Packet: Agenda, Town Manager's Report, Consent Agenda items, Dangerous Dog Hearing documents, Common Victualler application, proposed committee open house/volunteer appreciation event, year-end transfer request, Long Pond Landing construction schedule and closure, FYls. Select Board 7.10.2023 www.brewster-ma.gov Page 5 of 5