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Home My Public Portal AboutSelect Board -- 2023-06-26 Minutes0 Town of Brewster 2e°p 2198 Main Street 3u a = Brewster, MA 02631-1898 ° Phone: (508) 896-3701 www.brewster-ma.gov HPOA MINUTES OF THE SELECT BOARD MEETING DATE: June 26, 2023 TIME: 5:30 PM PLACE: 2198 Main Street Office of: Select Board Town Manager REGULAR SESSION PARTICIPANTS: Chair Chatelain, Selectperson Whitney, Selectperson Bingham, Selectperson Hoffmann, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick, Brian Webb (Ocean Edge Resorts), Jan Moore, Matthew Gschwend, Ed Sayer, C. Verkerk, John Mucci, Brewster School Committee Members - Katie Jacobus, Carol Jelenik, Judi Lech, Brooke Clenchy (Superintendent) REMOTE PARTICIPANTS: Selectperson Chaffee, Lori Bonavolante, Brewster School Committee Members - Casey Mecca and Sarah Sherman, Giovanna Venditti Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Chatelain called the meeting to order at 5:30pm, read the meeting participation and recording statement and declared a quorum. Executive Session • To discuss strategy with respect to litigation if an open meeting may have a detrimental effect on the litigating position of the public body and the chair so declares- Lanctot et al v. Town of Brewster. • To conduct collective bargaining sessions with nonunion personnel- Fire Union Selectperson Hoffmann moved to enter into executive session. 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. The Select Board returned to Regular Session at 6:15pm. 6:15pm- Public Hearing, Renewal of Entertainment Licenses: Brewster Council on Aging. Brewster Inn. Inc. d/b/a Woodshed, Brewster VFW Post #9917, Brown Dog Investments, Inc. d(bla Laurino's Tavern, Cage Cod Repertory Theatre, Ocean Edge Resort Limited Partnership d/b/a Ocean Edge Inn and Conference Center, Ocean Edge Resort Limited Partnership d/b/a Linx Tavern, Shadv Knoll Tent Sites, Inc. d/b/a Shadv Knoll Campground, Sweetwater Forest Inc d/b/a Sweetwater Forest Selectperson Hoffmann moved to open the public hearing for Monday June 26, 6:15pm for the renewal of Annual Entertainment Licenses as listed in the notice in the Cape Codder on June 16 and June 23, 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. Select Board 6.26.2023 www.brewster-ma.gov Page 1 of 7 \`��\`�o• of, &)-p W g TL//�///, Office of: OO` Dp ELDEq •9 �,Q Town of Brewster 2198 Main Street Select Board Town Manager Brewster, MA 02631-1898 y Phone: (508) 896-3701 ° — — www.brewster-ma.gov Cq j9,p1009 Jan Moore, 2837 Main Street, inquired about the permit that relates to non -wedding music allowed on the front lawn. Brain Webb, Ocean Edge Resorts, responded that there is no entertainment or events on the front lawn, adding that there will be no speakers, or musicians on the front lawn. Selectperson Hoffmann moved to close the public. 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. Selectperson Hoffmann moved to vote to approve the following Annual Entertainment Licenses valid July 1, 2023 through June 30, 2024 with all conditions outlined in the packet; Brewster Council on Aging, Brewster Inn, Inc. d/b/a Woodshed (with conditions), Brewster Post #9917 VFW, Brown Dog Investments, Inc. d/b/a Laurino's Tavern, Cape Cod Repertory Theatre, Ocean Edge Resort Limited Partnership d/b/a Ocean Edge Inn and Conference Center (with conditions), Ocean Edge Resort Limited Partnership d/b/a Linx Tavern, Shady Knoll Tent Sites, Inc. d/b/a Shady Knoll Campground and Sweetwater Forest Inc d/b/a Sweetwater Forest. 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. Consent Agend a. One Day Liquor License Applications: Cape Cod Museum of Natural History, Chatham Bars Inn Farm and Treats Catering for an Event at Crosby Mansion b. One Day Entertainment License Application: Chatham Bars Inn Farm c. Pass Through Town Permission- Brew Run Road Race d. Water Department Items Declared as Surplus for Sale e. Brewster Conservation Trust Representative to the Bay Property Planning Committee f. Letter of Opposition to Proposed Discharge of Radioactive Waste from Pilgrim Power Plant g. Conservation Commission Request to Authorize Expenditure from Wetlands Protection Fund h. Vote on Re -appointment of KP Law, PC Town Counsel i. Notice of Owner's Intent to Sell Affordable Home at 6 Sachemus Trail: Town's Election to Vote to Decline the Option to Purchase and Market to an Eligible Purchaser for the Home J. Request for Building Department Fee Waiver: Latham Centers Selectperson Hoffmann moved to approve the Consent Agenda for June 26, 2023, as recommended. 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. Select Board Announcements and Liaison Reports Selectperson Bingham notified the Board and residents of the passing of Bob Miller, adding that he was very active in many committees in Town. A service will be held on Tuesday August 22 at 11am, at Our Lady of the Select Board 6.26.2023 www.brewster-ma.gov Page 2 of 7 �t E Wffice of: Town of Brewster O °e°2198 Main Street Select Board 2 ; = Town Manager 3U – 9 a - Brewster, MA 02631-1898 ° — Phone: (508) 896-3701 r a— �--- www.brewster-ma.gov RPO 1 s, pISO Cape. Selectperson Hoffmann shared that she attended the groundbreaking at the Nauset Regional High School. Discuss Proposed Select Board Liaison Assignments Chair Chatelain noted that the packet will reflect the updated assignments. Selectperson Hoffmann moved to approve the Select Board Liaison Assignments for FY2024. 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. 6:30pm- Public Hearing, Annual Entertainment License: Putt Putt Chicken Butt, Inc. d/b/a Harbor Lights Mini Golf Selectperson Hoffmann moved to open the public hearing for the Annual Entertainment License for Putt Putt Chicken Butt, Inc. d/b/a Harbor Lights Mini Golf as noticed in the Cape Codder on June 16 and June 23, 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. Matthew Gschwend, owner of the business, reviewed the proposed operation offering mini golf, ice cream and music throughout the course. The following abutters expressed their concern with the entertainment license application: • Ed Sayer, 57 Sachemus Trail, expressed his concerns with the music played past 10pm. • C. Verkerk, 58 Sachemus Trail, requested that there is no music past 10pm and that it is not too loud. • John Mucci, 54 Sachemus Trail, agreeable as long as the conditions are met that are outlined by the Town. • Lori Bonavolante, 66 Sachemus Trail, inquired when will mini golf end each night. Mr. Gschwend responded that they do not intend to play music past 10pm and keep the music family friendly. Mr. Gschwend noted that the speakers face inward on the property and offered that the abutters can contact him directly if there are any concerns once they start operating. Mr. Gschwend shared that the plan is not to allow guests to start a round of mini golf 15-20 minutes prior to 10pm. Selectperson Hoffmann moved to close the public hearing. 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. Selectperson Hoffmann moved to approve the Annual Entertainment License for Putt Putt Chicken Butt Inc., d/b/a Harbor Lights Mini Golf. 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. Select Board 6.26.2023 www.brewster-ma.gov Page 3 of 7 Review and Vote on Common Victualler license: Putt Putt Chicken Butt, Inc. d/b/a Harbor lights Mini Golf Selectperson Hoffmann moved to approve the Common Victualler License for Putt Putt Chicken Butt Inc., d/b/a Harbor Lights Mini Golf. 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. Discuss and Vote on Proposed Appropriation from Special Education Stabilization Fund to Cover FY23 Brewster Elementary School Budget Deficit- Joint Meeting with Brewster School Committee Brewster School Committee Chair Katie Jacobus called the meeting to order and declared a quorum stating the following members present: Carol Jelenik, Judi Lech, Sarah Sherman (remote) and Casey Mecca (remote). Mr. Lombardi reviewed the approval of the Special Education Stabilization Fund at the Spring 2022 Town Meeting, noting that appropriations require joint approval from the Select Board and the local School Committee. Going into FY23, Brewster Elementary schools were eligible for a significant increase in Chapter 70 funding, up about $300K from the previous year. A decision was made that $200K of this funding would be allocated to cover increased costs related to the FY23 Nauset Regional School Budget and the balance to be transferred to the new stabilization fund which currently has a little over $103K. Superintendent Clenchy reviewed the documentation that was provided in the packet including expenditure reports as of June 24, 2023, adding that additional changes may be needed. There was a brief review of the Circuit Breaker. Members of the Select Board made remarks and asked questions to the Superintendent Clenchy and the School Committee, these included: • Details on the $67K overage on the Special Education Line, Giovanna Venditti noted that the schools cannot end the year in a deficit position. • Discussion on the stabilization fund and how to appropriately replenish and grow the fund. • Chair Katie Jacobus noted that the new State Representative Flanagan is lobbying for more funding. • Discussion on Circuit Breaker, noted that these funds are one year behind and the money must be applied within 2 years. • Review of the preschool program within Nauset Public Schools Brewster School Committee member Jelenik moved to approve the amount of $67,512.00 from Brewster Special Education Stabilization Fund. Member Lech second. A roll call vote was taken. Member Jelenik-yes, Member Lech -yes, Member Mecca -yes, Member Sherman -yes, Chair Miller -Jacobus -yes, Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The vote was 10 -Yes, 0 -No. The Brewster School Committed member Jelenik voted to adjourn at 6:42pm. Member Lech second. A roll call vote was taken. Member Jelenik-yes, Member Lech -yes, Member Mecca -yes, Member Sherman -yes, Chair Miller -Jacobus -yes. The vote was 5 -Yes, 0 -No. Select Board 6.26.2023 www.brewster-ma.gov Page 4 of 7 Town of Brewster Office of: �E A �i Q �l�F Bq� "± /� �� Select Board = die 2198 Main Street Town Manager Brewster, MA 02631-1898 - Phone: (508) 896-3701 www.brewster-ma.gov j/// oAPE3\\�� Review and Vote on Common Victualler license: Putt Putt Chicken Butt, Inc. d/b/a Harbor lights Mini Golf Selectperson Hoffmann moved to approve the Common Victualler License for Putt Putt Chicken Butt Inc., d/b/a Harbor Lights Mini Golf. 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. Discuss and Vote on Proposed Appropriation from Special Education Stabilization Fund to Cover FY23 Brewster Elementary School Budget Deficit- Joint Meeting with Brewster School Committee Brewster School Committee Chair Katie Jacobus called the meeting to order and declared a quorum stating the following members present: Carol Jelenik, Judi Lech, Sarah Sherman (remote) and Casey Mecca (remote). Mr. Lombardi reviewed the approval of the Special Education Stabilization Fund at the Spring 2022 Town Meeting, noting that appropriations require joint approval from the Select Board and the local School Committee. Going into FY23, Brewster Elementary schools were eligible for a significant increase in Chapter 70 funding, up about $300K from the previous year. A decision was made that $200K of this funding would be allocated to cover increased costs related to the FY23 Nauset Regional School Budget and the balance to be transferred to the new stabilization fund which currently has a little over $103K. Superintendent Clenchy reviewed the documentation that was provided in the packet including expenditure reports as of June 24, 2023, adding that additional changes may be needed. There was a brief review of the Circuit Breaker. Members of the Select Board made remarks and asked questions to the Superintendent Clenchy and the School Committee, these included: • Details on the $67K overage on the Special Education Line, Giovanna Venditti noted that the schools cannot end the year in a deficit position. • Discussion on the stabilization fund and how to appropriately replenish and grow the fund. • Chair Katie Jacobus noted that the new State Representative Flanagan is lobbying for more funding. • Discussion on Circuit Breaker, noted that these funds are one year behind and the money must be applied within 2 years. • Review of the preschool program within Nauset Public Schools Brewster School Committee member Jelenik moved to approve the amount of $67,512.00 from Brewster Special Education Stabilization Fund. Member Lech second. A roll call vote was taken. Member Jelenik-yes, Member Lech -yes, Member Mecca -yes, Member Sherman -yes, Chair Miller -Jacobus -yes, Selectperson Chaffee -yes, Selectperson Bingham -yes, Selectperson Hoffmann -yes, Selectperson Whitney -yes, Chair Chatelain-yes. The vote was 10 -Yes, 0 -No. The Brewster School Committed member Jelenik voted to adjourn at 6:42pm. Member Lech second. A roll call vote was taken. Member Jelenik-yes, Member Lech -yes, Member Mecca -yes, Member Sherman -yes, Chair Miller -Jacobus -yes. The vote was 5 -Yes, 0 -No. Select Board 6.26.2023 www.brewster-ma.gov Page 4 of 7 z \`\\��p�wO ft E W -, ///i e�op Town of Brewster orrice of: ��pEHsT` F/��i Select Board s t 2198 Main Street Town Manager o Brewster, MA 02631-1898 c Phone: (508) 896-3701 www.brewster-ma.gov ' 0 HPO P� Vote on Re -Appointments to Various Boards and Committees Chair Chatelain noted that there are vacancies on various boards and committees, the website will be updated with the available openings. Selectperson Hoffmann moved to approve the re -appointments to various boards and committees. 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. Vote on FY24-26 Fire Union Contract Mr. Lombardi noted that the Town and the Union have come to an agreement on a new three-year contract and the Fire Union have taken a ratification vote. The contract includes: • a 2.5% COLA in each of the three fiscal years, consistent with the COLA increase for all Town employees. • a modification to the wage scale reducing the total number of steps from 9 to 8, an increase in the increment between step 2 and 3. • all current employees will be placed on their current step in FY23 and for FY24, the wage scale will be implemented from there. Selectperson Hoffmann moved to ratify the Fire Union contract for FY24-26 and instruct Peter Lombardi to sign the Memorandum of Understanding with the Union that codifies the changes between the previous contract and this one. Selectperson Bingham second. Mr. Lombardi added that a warrant article will be placed on the Special Town Meeting in November, if Town Meeting approves, the pay increases will be retroactive to July 1, 2023. 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. Public Announcements and Comment None Town Manager's Repo Mr. Lombardi shared the following: o Community Pool Ribbon Cutting Ceremony • over 100 residents celebrated the Cape's first outdoor public pool opening • The pool is now open 7 days a week through August 20, 2023 • Reviewed the number of pool memberships sold, guest pass sale days and resident drop-in days • Thanked all Town staff for their work in making this happen for the Community. o New Department of Environmental Protection (DEP) Regulations State regulations regarding Title 5 and watershed regulations will take effect on July 7, 2023. The State completed extensive public outreach and sought feedback from all Cape towns last year. The general goal for the regulatory framework is designed to enhance their requirements in mitigating nitrogen in coastal embayments. Select Board 6.26.2023 www.brewster-ma.gov Page 5 of 7 e T ws -"Ile, Office of: Town of Brewster Select Board = f A 2198 Main Street Town Manager o q� a a = Brewster, MA 02631-1898 r _ — Phone: (508) 896-3701 _= www.brewster-ma.gov • Still reviewing new regulations and related documentation but it looks like DEP was responsive to at least some of the Water Resource Task Force comments. • Most important takeaway is that based on our current data and latest analysis, we do not expect that these new regulations will require the Town to mandate installation of innovative/alternative (I/A) septic systems or sewers in any part of Town. • Brewster has been incredibly proactive, the new watershed regulations basically hold up the Pleasant Bay watershed permit that Brewster shares with Orleans, Harwich, and Chatham. • There are 4 nitrogen sensitive watersheds in Brewster based on the new state regulations: Pleasant Bay, Herring River, Swan Pond, and Bass River. ■ Under the existing Pleasant Bay watershed permit, Mr. Lombardi doesn't think that residents will be required to transition to I/A technology or install sewer package plants. We may meet our obligations within the 20 -year timeline without imposing any requirements on our residents. The analysis that has been completed within the Herring River watershed (area around Long Pond and Sheep Pond), has Brewster concerned about future building in the area, our nitrogen contributions don't require addition mitigation. Brewster's contributions to the Swan Pond and Bass River watersheds are considered "de minimis" according to the new regulations, the Town can have simple targeted means to address. ■ The rest of Brewster drains to Cape Cod Bay and is not regulated under the new regulations. Mr. Lombard expects that the Water Resource Task Force will provide a full report to the Select Board and the Board of Health in the coming months. The Town co -hosted the annual ponds summit with the Brewster Pond Coalition, noting that the new regulations are focused on nitrogen, not regulating phosphorus contributions to our ponds. The Town takes pond water quality seriously and will continue to look at solutions. Mr. Lombardi highlighted correspondence with Senator Cyr and the pending legislation that may potentially triple the current state tax credit for failed septic systems to $18K, though the definition of a failed system will be reviewed. The Planning Board is hosting a public listening session this Wednesday the 28th at 6:30 to discuss potential changes to the Accessory Dwelling Unit Bylaw; residents are invited to attend and provide feedback. Mr. Lombardi congratulated Fran Schofield for receiving the Commonwealth Heroine Award for extraordinary public service, certainly well-deserved considering her many contributions to Brewster and the region. FYIs No comments Select Board 6.26.2023 www.brewster-ma.gov Page 6 of 7 EWsrF'''%, .99 Town of Brewster Office of: p�f 2 �; = 2198 Main Street Select Board Town Manager Brewster, MA 02631-1898 _ y Phone: (508) 896-3701 www.brewster-ma.gov Matters Not Reasonably Anticipated by the Chair None Questions from the Media Bronwen Walsh (Cape Cod Chronicle) inquired about the analysis from the Pond Property Planning Committee, Selectperson Hoffmann directed Ms. Walsh to the latest meeting recording. Mr. Lombardi shared that the Town website project page has been updated with the findings for both the Pond and the Bay properties. Next Meetinfts July 10, July 21, July 24, August 17, and August 21, 2023 Adiournment Selectperson Hoffmann moved to adjourn at 7:54pm. 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. Respectfully submitted by Erika Mawn, Executive Assistant Approved: hVJSigned:�� Dae Selectperson Hoff n, Clerk of the Select Board Accompanying Documents in Packet: Agenda, Town Manager's Report, Consent Agenda items, Renewal of Annual Entertainment Licenses, New Annual Entertainment and Common Vicutaller License, Special Education Stabilization Fund transfer, Re -appointments to Board and Committees, FY24 Select Board Liaison Assignments, FYIs. Select Board 6.26.2023 www.brewster-ma.gov Page 7 of 7