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HomeMy Public PortalAboutSelect Board -- 2023-09-11 Minutesov, 01,F -V, Town of Brewster ii o rOf Bq� ii 2198 Main Street Brewster, MA 02631-1898 c� r _ — Phone: (508) 896-3701 = =_`" www.brewster-ma.gov SD //n F 0.np \\\�\�\\ MINUTES OF THE SELECT BOARD MEETING DATE: September 11, 2023 TIME: 7:00 PM PLACE: 2198 Main Street, Room A Office of: Select Board Town Manager REGULAR SESSION Participants: Chair Chatelain, Selectperson Whitney, Selectperson Chaffee, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick, Andrew Murphy (the Peacemaker Inc.), Deputy Assessor James Gallagher, Finance Director Mimi Bernardo, DPW Director Griffin Ryder, Town Planner Jon Idman, Planning Board member Amanda Bebrin,'Michael Antinarelli, Human Resources Director Susan Broderick Remote Participants: Selectperson Bingham, Selectperson Hoffmann Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Chatelain called the meeting to order at 7:00pm, read the meeting participation, the recording statements and declared a quorum. Public Announcements and Comment None Select Board Announcements and Liaison Reports Chair Chatelain read a Proclamation on National Suicide Prevention Month. Selectperson Chaffee thanked Chief Moran and the Fire Department for the 9/11 remembrance ceremony. Town Manager's Report Mr. Lombardi shared the following updates: • The Town was awarded $1.7M in Community Development Fund grant from the States Executive Office of Housing and Livable Communities (EOHLC). This supports two primary programs, housing rehabilitation and childcare subsidy. • The Town received almost $10K through our insurance provider, MIIA. This will fund safety in communications equipment which helps reduce risk to our staff and town facilities. • The Town has hired a public relations company that specializes in municipal communications, we will launch a survey to gather input from residents on the Town's current communications and look for feedback on how we can improve. The deadline is October 10, 2023. Residents interested in the housing rehab program or childcare subsidy should contact Housing Coordinator Jill Scalise. Additional information is available on the Town website. Consent Agenda a. Meeting Minutes: August 10, 2023, and August 17, 2023 b. Appointment to the Golf Commission: James Juras c. Items Declared as Surplus: Department of Public Works d. Facility Use Applications: Drummer Boy Park 2024 Craft Shows and Upper Mill Boat Ramp Select Board 9.11.2023 www.brewster-ma.gov Page 1 of 10 ROeRE`"S Town of Brewster Office of: Select Board 2198 Main Street Town Manager 3 : = Brewster, MA 02631-1898 o Phone: (508) 896-3701 r = =y` www.brewster-ma.gov "Po" e. One Day Liquor License Applications: Chamber of Commerce (2), Cape Cod Museum of Natural History (Date change request), Treats Catering Enterprises LLC, Brewster Ladies Library Association (with fee waiver request), Eldredge Farm Foundation (with fee waiver request) and Brewster Sportsman's Club (2) f. One Day Entertainment License: Eldredge Farm Foundation (with fee waiver request) g. Special Event Application: Eldredge Farm Foundation h. Fee Waiver Request: Conservation Commission Notice of Intent Filing Fee Waiver for Millstone Road Improvements I. Acceptance of Gifts and Donations: Golf Commission and Town of Brewster Selectperson Chaffee moved to approve the Consent Agenda with a minor spelling correction to the August 10 meeting minutes on page 9. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. 7:10PM Public Hearing: Seasonal All Alcohol Liquor License, The Peacemaker Inc., 2149 Main Street Selectperson Chaffee moved to open the public hearing for the Seasonal All Alcohol Liquor License application for the Peacemaker Inc., 2149 Main Street as noticed in the Cape Codder on September 1 and 8, 2023. Selectperson Hoffmann second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Andrew Murphy, owner of the Peacemaker Inc., noted they intend to sell liquor seasonally and would like to use the space as a function facility from time to time. Mr. Murphy shared that he is involved in four other liquor licenses on the Cape, and all have great relationships with their neighbors and great reputation with Towns that these are held in. Patty Johnson, 2130 Main Street, inquired about the functions that will be hosted at the restaurant. Mr. Murphy shared that it is important to him to get along with the neighbors and doesn't anticipate keeping open late into the night. Looking at music during the day, Sunday brunch and host events at night. It was noted that the Common Vicutaller license was approved for the hours of operation from 7am — 2pm and that the liquor license doesn't override the hours of operation. Selectperson Chaffee moved to approve a Seasonal All Alcohol Liquor License for Peacemaker Inc., 2149 Main Street Brewster. After discussion regarding seasonal dates and Town requirements, Selectperson Chaffee amended her motion to approve a Seasonal All Alcohol Liquor License for Peacemaker Inc., 2149 Main Street Brewster subject to completion of food permitting, the 110 Inspection and Fire inspection and the application being submitted to the Alcoholic Beverage Control Commission and that the hours the business will operate are 8am -2pm and the permit will be from April 1St- December 31St, 2023. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Select Board 9.11.2023 www.brewster-ma.gov Page 2 of 10 Office of: E Town of Brewster F9,,, Select Board 2198 Main Street Town Manager >= Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov '41 fl Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Selectperson Chaffee moved to close the public hearing. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. 7:20PM Public Hearing: Fiscal Year 2024 Tax Rate Classification Hearing, Discussion, and Vote- Deputy Assessor James Gallagher Selectperson Chaffee moved to open the fiscal year 2024 Tax Rate Classification hearing. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. James Gallagher, Deputy Assessor, shared a PowerPoint presentation which included the following: • Four options that would reallocate the tax obligation among the five classes of property (residential, open space, commercial, industrial, and personal property). • FY2024 Maximum allowable levy: $44,873,491, an increase of about $4M over the FY23 maximum allowable levy. About $2M of the increase is debt from the Nauset High School Building project. • The FY2024 excess levy capacity is $450K, which $370K is due to the way the Cape Cod Sea Camps Long Pond purchase is reported to the Department of Revenue. • FY2024 Assessed Values; Total is around $6.513, a 12% increase in value. The breakdown by class is: o Residential = $6.26, the increase in value is mostly due to the strong real estate market and continuing construction activity. Reviewed all property sales that occurred in the previous calendar year (2022). • FY2024 Estimated Tax Rate, based on estimated level and actual values. o Residential class makes up 95% of the levy, Commercial, Industrial and Personal Property make up the other 5% combined. o The single tax rate would be $6.81 per thousand, a decrease of $0.18 per thousand from FY23. • FY2024 Tax Rate impact on median single family home tax bill o Medium Single Family Home Value: $710,900 (an increase of 11.7%). o Estimated Tax Rate: $6.81 (decrease of 2.6%). o Estimated Median Single Family Tax Bill: $4,841.23 (increase of 8.8% or roughly $400). • Tax Levy Shifting Options, The Board of Assessor's recommendation is to maintain a single tax rate amongst the property classes and not to adopt any of the discounts or exemptions. o Split Tax Rate- allows for a shift of the tax burden between the residential class of property to the commercial, industrial, and personal property classes (CIP). The Board of Assessors recommends a residential factor of 1, which results in no shift. A factor of 1, results in an equal tax rate for residential and commercial properties. The split tax rate has a much greater effect on commercial property than it does on residential property. o Open Space Discount- may reduce the open space tax rate and increase the residential tax rate. Brewster does not currently classify any properties in the open space class. Only one of the 351 Massachusetts communities adopted the Open Space Discount in FY23. The Open Select Board 9.11.2023 www.brewster-ma.gov Page 3 of 10 P -IV Town of Brewster °t�ce of. , .4 of Eto 9 F9 :% Select Board : 2198 Main Street Town Manager o Brewster, MA 02631-1898 _ Phone: (508) 896-3701 www.brewster-ma.gov Space Discount does not apply to the Town of Brewster and the Board of Assessors does not recommend adopting. o Residential Exemi)tion- This would actually increase the residential tax rate, a reduction in value (the exemption) is applied to qualifying primary residents and the burden shifts to non- residents. The split in resident vs. nonresident properties in Brewster is currently estimated at 52% resident and 48% nonresident. There were 18 out of 351 Massachusetts communities that adopted a residential exemption in FY23, five of them in Barnstable County. The Board of Assessors recommends not to grant a residential exemption. Mr. Gallagher provided details on the residential exemption calculation to support the Board's recommendation. o Small Commercial Exem€ tion- would increase the tax rate for commercial and industrial properties. A small selection of eligible properties would receive a reduced value and the burden shifts to all other commercial and industrial properties. The Boar of Assessors recommends not to grant a small commercial exemption. Selectperson Chaffee moved to continue to use a Residential Factor of 1; not to grant an Open Space Discount; not to grant a Residential Exemption and not to grant a Small Business Exemption. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Selectperson Chaffee moved to close the public hearing on the fiscal year 2024 Tax Rate Classification hearing. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Update on Local Tax Relief Options & Discuss Next Steps The two options for review are Community Preservation Surcharge Exemption and Senior Means Tested Exemption. Mr. Gallagher provided the following information: • Community Preservation Surcharge Exemption o The CPA surcharge is a 3% property tax surcharge, the revenue is credited to the Community Preservation Fund. This is in addition to the Real Estate tax. o The CPA exemption for low-income residents and low -moderate income seniors eliminates the CPA surcharge for qualifying properties. o The exemption is available to any age group; it is the income limit that varies based on age. There is a domicile requirement. o There is no funding source, it is a reduction in CPA surcharge for those that qualify. FY24 projected median CPA surcharge is $145.24. o The CPA exemption is a tool that provides a little extra relief for those that need it. o The CPA Low Income Resident Exemption & Low -Moderate Income Senior Exemption, if adopted, could be in place in time for FY2025. o Both the CPC and the Board of Assessors voted unanimously in support of the exemption. Select Board 9.11.2023 www.brewster-ma.gov Page 4 of 10 �Rrg Office of: \\\ EL Town of Brewster ° Select Board 2198 Main Street _s Town Manager Brewster, MA 02631-1898 o Phone: (508) 896-3701 r — — www.brewster-ma.gov y — 19 Selectperson Chaffee moved that the Select Board support the CPA exemption. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Senior Means Tested Exemption (Home Rule Template) o Grants an exemption amount of 50-200% of the Senior Circuit Breaker income tax credit. To earn the credit, Real Estate taxes must exceed 10% of income. o Maximum Senior Circuit Breaker tax credit is currently $1200, the maximum exemption amount can range from $600-$2400. o Qualifications included: age 65+, Brewster resident and taxpayer for 10 years, income limit of $64K single and $96K married, assessed value limit of $912K, applicant is subject to asset review. Real estate taxes together with half of water/sewer charges must exceed 10% of total income. o Review of Senior Circuit Breaker Formula and Senior Means Tested Exemption Scenarios. o Brewster taxpayers will not receive a full Circuit Breaker credit if we adopt this exemption. This exemption would only benefit a narrow window of taxpayers and all other taxpayers outside of the windows would see an increase in tax burden. o The average tax bills do not exceed 10% of the income threshold. o In summary, this program is not the right for the Town at this time, the Board of Assessors recommends that Select Board does not purse a Home Rule Petition for a Senior Means Tested Exemption. Selectperson Chaffee moved that the Select Board does not implement this exemption. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Report on FY23 Free Cash Certification Mr. Lombardi noted that Free Cash was certified at $5.1M in mid-August, a large amount. The Select Board has a financial reserves policy that sets a goal of 5-7% for free cash relative to the annual general fund operation budget, this year we are currently closer to 9%. Ms. Bernardo noted that the three major drives in revenue include: Surplus Revenue, Departmental Budget Turn backs and Unused FY22 Free Cash. She provided a review of revenue categories budget v. actuals, pointing out short term rental tax that the Town budgeted $750K and took in almost $1.5M. Mr. Lombardi added that for FY24 we increased our projected revenues to $1M. When the Town builds the FY23 budget, we are halfway through FY22 and looking at FY20 & FY21 actuals to base projections on. There currently is not a way to track short term rentals as there are a lot of variables and unknowns. Ms. Bernardo proceeded to provide some details on Departmental Receipts, Investment Income and Local Receipts. There was a brief overview of expenses for the fiscal year ending June 30, 2023. Select Board 9.11.2023 www.brewster-ma.gov Page S of 10 r-- V "F/���% Town of Brewster office of: \oi(do dEti9E g 1 .� Select Board � t FNS; ^ 2198 Main Street Town Manager MA 02631-1898 3 - n = Brewster, o _ y Phone: (508) 896-3701 r www.brewster-ma.gov Mr. Lombardi stated that the Town has been conservative and lucky, the result has been that we have been in a great position to do smart things with the extra money. Vote on Fall Special Town Meeting Date of November 13 2023 Mr. Lombardi shared that last Spring residents expressed interest in having Town Meetings on Saturdays, this was reviewed, but with November holidays we were unable to make it work. Selectperson Whitney moved to hold Fall Town Meeting on Monday November 13, 2023. Selectperson Chaffee second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Vote to Open Fall 2023 Special Town Meeting Warrant & Discuss Article Overview Selectperson Chaffee moved to open Fall 2023 Special Town Meeting Warrant. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Mr. Lombardi reviewed the short list of articles noting that one or two more may be added. He also noted that they have reinstituted a practice that was in place before the pandemic, site visits with the Select Board and Finance Committee to look at all Capital requests. The summary of articles currently under consideration: • Outstanding Obligations (unpaid bills) • Community Preservation Act Funding • FY24 Capital and Special Project Expenditures • Fire Union Contract for FY24-26 (retro back to July 1 of this fiscal year) • Two proposed general bylaw amendments: o Private road betterment o Golf Commission • Zoning Bylaw amendment on Accessory Dwelling Units • Adoption of Community Preservation Surcharge Exemption Local Option • Local Comprehensive Plan Articles will be reviewed over the course of the next couple of Select Board meetings for votes. Update on Millstone Road Improvement Proie_ct Financing; Options and_Vote on Preferred Plan Mr. Lombardi provided a brief overview of the project, noting that the design has been completed, the Notice of Intent will be before the Conservation Commission and permitting through the Planning Board is scheduled. The cost estimate includes (full details are included in the packet); cost for construction is a little over $7.6M, just under $900K for utility relocation, there is a 5% contingency for construction and $400K is set aside for temporary construction easements. There are about 125 impacted properties. This is a labor- intensive project, so there is an allowance for police details and budgeted for permanent utility easements. There is also $200K for oversite and administration budgeted for the project. As the final design elements Select Board 9.11.2023 www.brewster-ma.gov Page 6 of 10 through the bid processes are worked through, the Town is carrying another $100K to cover costs. The total project budget is $10.3M. Mr. Lombardi reviewed the revenue sources which include $5.75M in remaining road bond, just under $2M in Chapter 90 State aide, and about $550K in previous appropriations through private road betterments, Sea Camps pool parking lot capital article and unencumbered appropriation for road and draining projects. The Town has a shortfall of about $2M to cover the anticipated project costs. Mr. Lombardi shared that the utility companies will not begin work on the poles or other infrastructure until the Town pays for the full costs upfront. If the permitting process is complete and Town Meeting appropriates the additional funds, and the utility work is completed, the project bid can be released this winter and site work could start with a contractor in the Spring. If we wait until after Town Meeting to start the utility work, the start of the project will be delayed until the following Fall and could come with higher project costs. Griffin Ryder noted that the Town had incorporated revisions through the public process and has meet with residents to work through questions about the project. The Town is doing what we can to minimize impact to residents. Fred DiMaggio, 203 Millstone Road, inquired about the increase in project costs and expressed his concern for speeding on Millstone Road and enforcement. He also asked about the timetable and notification of temporary easements to residents. In response, Mr. Lombardi stated that the costs of horizontal construction have significantly increased in the past 18 months and previously the Town did not have the estimated costs of the temporary and utility easements. The Town has been unable to specifically answer resident questions regarding temporary and permanent utility easements because they did not have the final plans from the utility companies. Mr. Ryder shared that the Town has been working with the design consultant on speed tables to evaluate in three proposed locations, however only one is viable at the bike crossing. He has asked for a report on why the other locations are not feasible to be able to share with residents. Mr. Lombardi noted that the State has passed a law that gives local discretion in setting speed limits on town roads. The Town is working with the Cape Cod Commission on technical assistance to help develop criteria, a process and policy to do this, hopeful to have guidance in the next year for review. There was discussion on what would happen if residents refused to consent to temporary easements. The Town does not have the ability to take private property by eminent domain for construction easements, should a resident refuse, the Town would have to redesign to avoid impact to the property. Mr. Lombardi clarified that the presentation was from February and was intended as background information. There was no new information for this meeting. Select Board 9.11.2023 www.brewster-ma.gov Page 7 of 10 Town of Brewsteroffice .���"$srF�%,,, 0?4 9 Select Board 2198 Main Street Town Manager Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov through the bid processes are worked through, the Town is carrying another $100K to cover costs. The total project budget is $10.3M. Mr. Lombardi reviewed the revenue sources which include $5.75M in remaining road bond, just under $2M in Chapter 90 State aide, and about $550K in previous appropriations through private road betterments, Sea Camps pool parking lot capital article and unencumbered appropriation for road and draining projects. The Town has a shortfall of about $2M to cover the anticipated project costs. Mr. Lombardi shared that the utility companies will not begin work on the poles or other infrastructure until the Town pays for the full costs upfront. If the permitting process is complete and Town Meeting appropriates the additional funds, and the utility work is completed, the project bid can be released this winter and site work could start with a contractor in the Spring. If we wait until after Town Meeting to start the utility work, the start of the project will be delayed until the following Fall and could come with higher project costs. Griffin Ryder noted that the Town had incorporated revisions through the public process and has meet with residents to work through questions about the project. The Town is doing what we can to minimize impact to residents. Fred DiMaggio, 203 Millstone Road, inquired about the increase in project costs and expressed his concern for speeding on Millstone Road and enforcement. He also asked about the timetable and notification of temporary easements to residents. In response, Mr. Lombardi stated that the costs of horizontal construction have significantly increased in the past 18 months and previously the Town did not have the estimated costs of the temporary and utility easements. The Town has been unable to specifically answer resident questions regarding temporary and permanent utility easements because they did not have the final plans from the utility companies. Mr. Ryder shared that the Town has been working with the design consultant on speed tables to evaluate in three proposed locations, however only one is viable at the bike crossing. He has asked for a report on why the other locations are not feasible to be able to share with residents. Mr. Lombardi noted that the State has passed a law that gives local discretion in setting speed limits on town roads. The Town is working with the Cape Cod Commission on technical assistance to help develop criteria, a process and policy to do this, hopeful to have guidance in the next year for review. There was discussion on what would happen if residents refused to consent to temporary easements. The Town does not have the ability to take private property by eminent domain for construction easements, should a resident refuse, the Town would have to redesign to avoid impact to the property. Mr. Lombardi clarified that the presentation was from February and was intended as background information. There was no new information for this meeting. Select Board 9.11.2023 www.brewster-ma.gov Page 7 of 10 The Select Board discussed the option of using available Free Cash to fund the shortfall of the project and the pros and cons of the utility work beginning prior to Town Meeting appropriation. The Board all agreed how important it is to communicate with residents and start the process of requesting temporary easements for those who will be impacted by the project. Selectperson Hoffmann moved to use Free Cash this year for the $2M balance for the anticipated project costs and to bring to Town Meeting. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. The Board decided the process will begin after Town Meeting appropriation and in the meantime the Town can begin public outreach. Mr. Lombardi noted that the Town plans on sending letters to residents to initiate the right of access and easement discussion, including providing information about updated project costs and the article at Town Meeting. The project page on the website will be updated. Vote to Refer Accessory Dwelling Unit (ADU) Bylaw to Planning Board for Public Hearing Ms. Bebrin noted that the memo summarizes the changes that the Planning Board has been discussing, which considers the variables that prevent people from creating ADUs and to the best of the Planning Boards ability tweaking the things within the bylaw that will hopefully make a difference in the creation of these units. When the bylaw was initially passed in 2018 it was intended for year-round residents, Ms. Bebrin shared that this has been an underperforming bylaw and difficult to track. Noting that for special permits, the updates include a pathway for part-time residents to create ADUs. and proposes a tracking system for better data. Ms. Bebrin provided information on situational scenarios for part-time residents, noting that the draft bylaw is intended to allow flexibility for usage for family members, but stating that it is for year-round usage and is prohibited from being a short-term rental unit. Ms. Kalinick commented that this is a strategy in our updated Housing Production Plan and it is important to ground ourselves in the fact that the Town is working on the agreed upon goals. Selectperson Chaffee moved to commit the proposed amendment to Sections 179-2 & 179.42.2; Tables 1 and 2 of the Brewster Zoning Bylaw related to Accessory Single -Family Dwellings to the Planning Board for public hearing pursuant to MGL Ch. 40A, Section 5. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham - yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Discuss and Vote on Req uest for Construction of Building Addition for Freemans Way Industrial Park Lot #5 Michael Antinarelli, as the current leaseholder of the unit, is required to request permission from the Select Board for any alterations to the premises. Ms. Kalinick noted that Mr. Antinarelli has met with the Building Commissioner, Town Planner and Health Director, who has requested a site plan that shows where the Select Board 9.11.2023 www.brewster-ma.gov Page 8 of 10 Town of Brewster Office °�° E s a ° A a 9 �� _ 9� �'�% Select Board 2198 Main Street Town Manager n a = Brewster, MA 02631-1898 o y Phone: (508) 896-3701 www.brewster-ma.gov The Select Board discussed the option of using available Free Cash to fund the shortfall of the project and the pros and cons of the utility work beginning prior to Town Meeting appropriation. The Board all agreed how important it is to communicate with residents and start the process of requesting temporary easements for those who will be impacted by the project. Selectperson Hoffmann moved to use Free Cash this year for the $2M balance for the anticipated project costs and to bring to Town Meeting. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. The Board decided the process will begin after Town Meeting appropriation and in the meantime the Town can begin public outreach. Mr. Lombardi noted that the Town plans on sending letters to residents to initiate the right of access and easement discussion, including providing information about updated project costs and the article at Town Meeting. The project page on the website will be updated. Vote to Refer Accessory Dwelling Unit (ADU) Bylaw to Planning Board for Public Hearing Ms. Bebrin noted that the memo summarizes the changes that the Planning Board has been discussing, which considers the variables that prevent people from creating ADUs and to the best of the Planning Boards ability tweaking the things within the bylaw that will hopefully make a difference in the creation of these units. When the bylaw was initially passed in 2018 it was intended for year-round residents, Ms. Bebrin shared that this has been an underperforming bylaw and difficult to track. Noting that for special permits, the updates include a pathway for part-time residents to create ADUs. and proposes a tracking system for better data. Ms. Bebrin provided information on situational scenarios for part-time residents, noting that the draft bylaw is intended to allow flexibility for usage for family members, but stating that it is for year-round usage and is prohibited from being a short-term rental unit. Ms. Kalinick commented that this is a strategy in our updated Housing Production Plan and it is important to ground ourselves in the fact that the Town is working on the agreed upon goals. Selectperson Chaffee moved to commit the proposed amendment to Sections 179-2 & 179.42.2; Tables 1 and 2 of the Brewster Zoning Bylaw related to Accessory Single -Family Dwellings to the Planning Board for public hearing pursuant to MGL Ch. 40A, Section 5. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham - yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Discuss and Vote on Req uest for Construction of Building Addition for Freemans Way Industrial Park Lot #5 Michael Antinarelli, as the current leaseholder of the unit, is required to request permission from the Select Board for any alterations to the premises. Ms. Kalinick noted that Mr. Antinarelli has met with the Building Commissioner, Town Planner and Health Director, who has requested a site plan that shows where the Select Board 9.11.2023 www.brewster-ma.gov Page 8 of 10 F 11, Town O Brewster Office of: \\\\rF��� e9s9 G Select Board °f 2198 Main Street Town Manager 3� 9 a ` Brewster, MA 02631-1898 o � _ � ( Phone: (508) 896-3701 www.brewster-ma.gov //,RAep9 septic is on the site. At this time Mr. Antinarelli has not submitted formal building plans and reviewed his request to extend the back wall with a metal structure to create more storage space. Selectperson Chaffee moved to approve the request with the condition that building plans must be submitted to the Building Department who must coordinate with the Town Manager's office upon receipt of the plans. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Discuss and Vote on Water Resource Task Force Recommendation to Apply for Exemptions for Bass River and Swan Pond Watershed Permits and Submit Notice of Intent for Herring River Watershed Mr. Lombardi reviewed that in previous meetings the exemptions have been discussed, the scope of work is included in Horsley Witten's budget for FY24. There has since been new consideration through conversations with DEP, the new Title 5 regulations do not take effect for any modifications to existing properties for 18 months and new construction would be impacted six months from the date of new regulations, absent action by the Town. The Notice of Intent (NOI) indicates to the State that the Town intends to seek a watershed permit for Herring River, the Town has five years from date of submission to finalize the terms and conditions of the permit. The new title 5 regulations would not apply to properties within the watershed once the NOI is submitted. A capital article requesting $50K to look at future development scenarios for the Herring River, evaluating impacts of buildout on the watershed. These are key considerations of the watershed permit. Selectperson Chaffe moved to apply for exemptions for Bass River and Swan Pond Watershed and submit Notice of Intent for Herring River Watershed. Selectperson Whitney second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham - yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Discuss Town Manager Performance Evaluation Results and Vote on FY24 Merit Increase Ms. Broderick shared that the Town Manager -performance evaluation results are available in the packet. All five Select Board member evaluations of.tWscores'and comments were aggregated. Ms..Broderick reviewed the criteria that the Town Manager is evaluated, and the Board scored them on a scale from 1 to 5. Per the employment contract with the Town Manager, the Board may increase the salary on an annual basis to account for a cost -of -living adjustment and provide a merit increase. She noted that the Town Manager did receive a cost -of -living adjustment on July 1 in the same amount as other personnel bylaw employees. Merit increase can be anywhere from 0-3%. Selectperson Chaffee commented that the overall scores were exceptional. Mr. Lombardi acknowledged it has been an interesting and challenging year, and the evaluation provides a good opportunity to review and appreciates the positive feedback. Select Board 9.11.2023 www.brewster-ma.gov Page 9 of 10 Selectperson Chaffee moved to approve a 2% merit pay increase effective July 1, 2024. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Discuss and Vote on FY24 Town Manager Goals The Chair requested to move this item to the next Select Board meeting. FYls None Matters Not Reasonable Anticipated by the Chair None Question s from the Media None Next MeetinEs September 18, September 27 (Joint with Planning Board regarding Local Comprehensive Plan) October 2, and October 16,2023 Adournment Selectperson Chaffee moved to adjourn at 9:57pm. 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. Respectfully submitted by Erika Mawn, Executive Assistant / I'll �Ulle Approved: /V Signed: A, I R IP/ J1Date electperson Hof nn, Clerk of the Select Board Accompanying Documents in Packet: Agenda, TM Report, Consent Agenda items, Seasonal Liquor License application, FY24 Tax Rate Classification Hearing, Local Tax Relief options, FY23 Free Cash, Fall 2023 STM anticipated warrant articles, Millstone Road Improvement Project, ADU bylaw referral, water Resource Task Force recommendation, Commerce Park Lot #5 request, TM performance evaluation results, TM FY24 goals, FYls Select Board 9.11.2023 www.brewster-ma.gov Page 10 of 10 Town of Brewster °WICe of. ,��\�'O�E"'sT�°%�� o =� °` 9 �� = m 2198 Main Street Select Board Town Manager 3 . p = Brewster, MA 02631-1898 Phone: (508) 896-3701 o _ = _ www.brewster-ma.gov U Rto. Selectperson Chaffee moved to approve a 2% merit pay increase effective July 1, 2024. Selectperson Bingham second. A roll call vote was taken. Selectperson Chaffee -yes, Selectperson Whitney -yes, Selectperson Hoffmann -yes, Selectperson Bingham -yes, Chair Chatelain-yes. The Board vote was 5 -Yes, 0 -No. Discuss and Vote on FY24 Town Manager Goals The Chair requested to move this item to the next Select Board meeting. FYls None Matters Not Reasonable Anticipated by the Chair None Question s from the Media None Next MeetinEs September 18, September 27 (Joint with Planning Board regarding Local Comprehensive Plan) October 2, and October 16,2023 Adournment Selectperson Chaffee moved to adjourn at 9:57pm. 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. Respectfully submitted by Erika Mawn, Executive Assistant / I'll �Ulle Approved: /V Signed: A, I R IP/ J1Date electperson Hof nn, Clerk of the Select Board Accompanying Documents in Packet: Agenda, TM Report, Consent Agenda items, Seasonal Liquor License application, FY24 Tax Rate Classification Hearing, Local Tax Relief options, FY23 Free Cash, Fall 2023 STM anticipated warrant articles, Millstone Road Improvement Project, ADU bylaw referral, water Resource Task Force recommendation, Commerce Park Lot #5 request, TM performance evaluation results, TM FY24 goals, FYls Select Board 9.11.2023 www.brewster-ma.gov Page 10 of 10