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Select Board Meeting Packet 12.18.23
Select Board Ned Chatelain Chair Mary Chaffee Vice Chair Kari Hoffmann Clerk Cynthia Bingham Dave Whitney Town Manager Peter Lombardi Assistant Town Manager Donna Kalinick Project Manager Conor Kenny Executive Assistant declares that an open meeting may have a detrimental effect on the negotiating Erika Mawn position of the public body - 3057 Main Street & 400 W.H. Besse Cartway 6. Public Announcements and Comment: Members of the public may address the Select Board on matters not on the meeting's agenda for a maximum of 3-5 minutes at the Chair's discretion. The Select Board will not reply to statements made or answer questions raised during public comment but may add items presented to a future agenda. 7. Select Board Announcements and Liaison Reports 8. Town Manager's Report 9. Consent Agenda a. Meeting Minutes: July 21 and December 4, 2023 b. Appointments: Amanda Bebrin (Bay Property Planning Committee) and Corey Gill (Zoning Board of Appeals) c. Facility Use Application: Brewster Conservation Trust d. Letter of Support for Brewster Cemetery Association for Community Preservation Act Funding e. Request to Declare Surplus Items for Sale: Captains Golf Course f. Town Landing and Public Beach Access Request: Point of Rocks g. Fee Waiver Request: Brewster Historical Society 10. Discuss and Vote on Friends of Brewster Dog Park Request to Purchase & Install Two Gazebos at Brewster Dog Park Town of Brewster Select Board 2198 Main St., Brewster, MA 02631 townmanager@brewster-ma.gov (508) 896-3701 SELECT BOARD MEETING AGENDA 2198 Main Street December 18, 2023 at 5:30 PM This meeting will be conducted in person at the time and location identified above. This means that at least a quorum of the members of the public body will attend the meeting in person and members of the public are welcome to attend in person as well. As a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation, unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes an applicant and its representatives, should make plans for in -person vs. virtual attendance accordingly. Members of the public who wish to access the meeting may do so in the following manner: Phone: Call (312) 626 6799 or (301) 715-8592. Webinar ID:890 9291 0526 Passcode: 509224 To request to speak: Press *9 and wait to be recognized. ZoomWebinar: https://us02web.zoom.us/j/89092910526?pwd=WHM2V3hrVk1hSTloWWhVU09kanUzOT09 Passcode: 509224 To request to speak: Tap Zoom "Raise Hand", then wait to be recognized. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.aov), or Video recording (tv.brewster-ma.gov ). Please note that for any item listed in this section the Select Board may take officials action including votes. 1. Call to Order 2. Declaration of a Quorum 3. Meeting Participation Statement 4. Recording Statement: As required by the Open Meeting Law we are informing you that the Town will be video and audio taping as well as broadcasting this public meeting. In addition, if anyone else intends to either video or audio tape this meeting they are required to inform the chair. 5. Executive Session To consider the purchase, exchange, lease or value of real property if the chair a. Select Board Ned Chatelain Chair Mary Chaffee Vice Chair Kari Hoffmann Clerk Cynthia Bingham Dave Whitney Town Manager Peter Lombardi Assistant Town Manager Donna Kalinick Project Manager Conor Kenny Executive Assistant Erika Mawn 11. Debrief on Summer 2023 Brewster Community Pool & Discuss Recommendations for Summer 2024 - Joint Meeting with Bay Property Planning Committee & Recreation Commission (Select Board FY24-25 Strategic Plan Goal SC -1) 12. Discuss and Vote on Proposed 2024 Captains Golf Course Rates and Additional Non - Resident Memberships 13. Discuss and Vote on Potential Changes to Non -Commercial Shellfish Rules & Regulations 14. Update on Request to Amend Regional School Agreement & Status of Tuition Agreements for Provincetown & Truro - Tom Fitzgibbons & Rick Draper, Nauset Regional School Committee 15. Discuss and Vote on AT&T Ce11 Tower Lease Amendment (1657 Main Street) 16. FYIs 17. Matters Not Reasonably Anticipated by the Chair 18. Questions from the Media 19. Next Meetings: January 8, January 10, January 22, and January 23, 2024 20. Adjournment Date Posted: 12/14/2023 Date Revised: Received by Town Clerk: Archive d: Thursday, November 16, 2023 1:36:18 PM From: Heath Eldredge Se nt: Thursday, November 16, 2023 11:22:17 AM To: Peter Lombardi Subje ct: FW: Exciting News Regarding MLK Action Team's Conversations with Police Task Force Importance : Normal Se ns itivity: None Just wanted to share the re cogni ti on that the MLK team i s goi ng to be rece i vi ng next month. I have si gne d up to attend. From: Karen Boujoukos <bouj oukosk@gmai l .com> Sent: Thursday, Novembe r 16, 2023 10:09 AM To: Be cky Alden <raalden@cape cod.ne t>; Nyanyi ka Banda <nyanyi ka.mary.banda@gmai l .com>; Leo Blandford <glbl andford@gmail .com>; Angel ina Chi l aka <achi l akacapecod@aol .com>; Ti a Cross <capetc96@gmai l .com>; Barbara Gi bson <barbgi bson53@comcast.ne t>; Susanna Graham-Pye <l owerkimo588@gmai l.com>; She ryl Jaffe <she ryl annjaffe@gmai l.com>; Re v. Joan Marti n <cucpastorjoan@gmai l .com>; Sall y Norri s <sall ynorrisre v@gmai l .com>; Je anne Morri son <jeanne137@veri zon.ne t>; Panche ta Pe terson <panche tap@comcast.net>; Davi d Purdy <cape dave @yahoo.com>; Bre Rose <cape 2verde @gmail .com>; Je f f Spal ter <jsspal ter@aol .com>; De borah Ul l man <ge stal tpre ssbooks@gmai l .com>; Tara Vargas Wal l ace <i nf o@ampl i fypoccapecod.com>; Wesl e y Wi ll iams <wesleyd.wi l l i ams@comcast.ne t> Cc: Mi chael Anderson <mi chae l .anderson@chathampol i ce ma.com>; He ath El dre dge <he ldre dge @bre wste r-ma.gov>; Chi e f David J. Gui ll e mette <dguil leme tte @harwi ch-ma.gov>; Scott Macdonal d <smacdonal d@town.orleans.ma.us> Subject: Exci ti ng News Re gardi ng MLK Acti on Te am's Conve rsati ons wi th Poli ce Task Force Good morning. I t g ives me great pleasure to announce that our Conversations with Police Task Force will be this year’s recipient of the Rosenthal Community Champion Award from the Barnstable County Human Rig hts Commission. To all of you who are members of the task force, I would like to thank you for the work you continue to do as part of that group and congratulate you on the recognition this award gives to you and the importance of that work. While Jeff, as chairperson, has received early notification of the award, it is our outstanding that each of the members of the original task force will be receiving a letter about the award and the Human Rights D ay breakfast celebration soon. To atten d th e b reakfast even t you mu st register in d ividually at th is link: h ttps://b arnstab leco u n ty.formstack.com/fo rms /2023_h u man _righ ts_d ay_registration AND if yo u would like to be seated togeth er with your task force colleagu es yo u sh o u ld als o let me kn o w so I can request group seatin g. Cong ratulations and thank you ag ain for the work you are doing . With sincere thanks, Karen & Wesley Chair and Chair Emeritus, MLK Action Team Ka re n Boujoukos Cha i r, ML K Acti on Te a m www.na us e ti nte rfa i th.org “We have to be abl e to envi sion what’s possible…the sort of worl d we hope to li ve i n - i n order to even begi n to actuali ze a plan to get there” ~ Michel le Obama You are cordially invited to attend the Barnstable County Human Rights Advisory Commission's (BCHRAC) Annual Human Rights Day Celebration. This year’s event will be held: Monday, December 11 8:30 am - 10:30 am The Emeral Resort/Hyport Conference Center (formerly Cape Cod Resort and Conference Center) 35 Scudder Ave., Hyannis Register using this link. Registration is limited to the first 200 guests. Please register by December 4th. O n the 75th anniversary of the signing of the Universal Declaration of Human Rights, this year’s theme is Celebrat ing 75 Years of Human Right s Adv ocacy: Honoring t he Past , Inspiring t he Future. Several awards will be presented including: the Rosenthal Community Champion Award, the Cornerstone Award, the Tim McCarthy Award and multiple Unsung Hero Awards to community members and organizations for their amazing work across Barnstable County. Please join us in celebrating Cape Cod’s unique approaches to preserving and protecting human rights for all. Archive d: Wednesday, December 13, 2023 11:16:18 AM From: Romano, John R. (DO T) Se nt: Monday, December 4, 2023 3:29:34 PM To: Romano, John R. (DO T) Cc: Olstad, Anand R. (DO T) Grew, Matthew (DOT) Subje ct: Press release: Sagamore Bridge federal funding application Importance : Normal Se ns itivity: None Good Afternoon: I just wanted to let you all know that we will be sending out this press release later today. Regards, John Rom ano MassDOT, Legislative Affairs Manager, Highway (617) 438-4301 For imme diate re le as e : December 4, 2023 Federal Funding Appl i ca ti o n F i l ed F or Saga more Bri dge Repl acement Ma ssDOT a nd USACE seeking $1.06 b illion from Larg e Bridg e Project Gra nt Prog ram for Replacement of Sag a more Brid ge Gran t w oul d fund a b out ha l f the Sag a m ore rep l a cem ent cost BOSTON – The Massachusetts Department of Transportation (MassDO T) is announcing it has filed a joint application with the United States Army Corps of Engineers (USACE) seeking $1.06 billion in grant funding through the Bridge Investment Program (BIP) Large Bridge Project Program for replacement of the Sagamore Bridge over the Cape Cod Canal. If the application is approved, the $1.06 billion grant would help advance a phased replacement strategy for the Cape Cod bridges, beginning with $2.13 billion for the Sagamore Bridge. MassDOT will be responsible for administering the design, permitting and construction of the proposed improvements. When construction of the new Sagamore Bridge is complete, MassDOT will own, operate, and maintain it. “From day one, our administration has been laser focused on securing federal funding to rebuild both Cape Cod bridges,” said Gove rnor M aura He ale y. “This application for the Large Bridge Project Grant Program builds on our previous applications to strengthen our competitive standing. We are grateful to the Biden-Harris Administration and our Congressional delegation for making this funding available for states like Massachusetts to compete to improve our infrastructure and economies.” “The Healey-Driscoll Administration knows how important rebuilding the Cape Cod bridges is for our Cape communities and also the economic vitality of our entire state,” said Lie ute nant Gove rnor Kim Dris coll. “That’s why we’ve taken a whole-of- government approach to competing for federal funding opportunities like the Large Bridge Project Program. We are optimistic that we are on the strongest footing possible to bring these funds home to Massachusetts and get shovels in the ground.” “MassDO T and the Army Corp’s joint grant application puts forth the immediate need to secure funding so that this critical project can advance into further design and construction,” s aid Trans portation Se cre tary and CEO M onica Tibbits -Nutt. “There is no time to waste in securing the financial resources needed to replace this federally owned bridge, and we greatly appreciate any efforts that can be made on behalf of our application by members of the Congressional delegation and our federal partners.” "The Bridge Investment Program is a critical opportunity to secure federal funding for the replacement of the Cape Cod Bridges," s aid Dire ctor of Fe de ral Funds and Infras tructure Que ntin Palfre y. "We look forward to continuing our partnership with the Biden Administration and the Congressional delegation to move this project forward and compete for federal dollars that advance our infrastructure needs across Massachusetts." The Sagamore Bridge Project is Phase 1 of the Cape Cod Bridges Program addressing the aging Sagamore and Bourne Bridges and the surrounding roadway networks. The existing bridges are federally owned assets, operated by the USACE, and provide the only means of vehicular access across the Cape Cod Canal. The replacement project is essential for supporting the economy of Cape Cod and surrounding communities and ensuring safe and reliable travel for residents, workers, and millions of annual visitors. It presents a powerful opportunity to modernize the design to improve safety, mobility, and resiliency; increase economic vitality; and improve access through better pedestrian and bicycling infrastructure. It will also avoid the need for major rehabilitation which would require the full closure of the existing bridge. The principal challenge with the bridges over the Cape Cod Canal is that being nearly 90 years old, these bridges are approaching the end of their serviceable life and considered functionally obsolete and structurally deficient. Due to the narrow width of the existing bridges, most maintenance and repair activities require taking at least one travel lane out of service. Existing geometric deficiencies also influence poor traffic operations, congestion, and high crash rates, particularly during the peak travel season in the summer. In addition, gaps and unsafe conditions exist for pedestrian and bicycle access across the bridges and between the Cape Cod Canal service roads and local roadways in the area. The Sagamore Bridge was selected to be replaced in advance of the Bourne Bridge as it carries substantially more traffic and would provide greater benefits sooner. The new Sagamore Bridge is scheduled to be built in such a manner so that traffic may continue to use the existing bridge while the new bridge is being constructed. As a result, the project will also include the reconstruction of portions of the roadways on either side of the proposed canal crossing. The scope of work includes building shared use paths in the project area. The modernized and reconfigured design will bring the bridge into a state of good repair, lower the long-term maintenance costs, address issues with traffic operations, improve safety by reducing crashes by as much as 48 percent, and preserve and enhance productivity through new direct jobs and other economic benefits. The Project would strengthen supply chains, spur economic development, and improve safety and daily life for an asset of both regional and national significance. The Project is critical to the Cape Cod economy, as virtually all freight goods cross over the two bridges. The bridges also enable cargo movement underneath the structures through the Cape Cod Canal. The bridges provide access to assets of national, state, and regional significance. The bridges are critical components to the Cape Cod Emergency Traffic Plan, a vital link for emergency response on Cape Cod and the islands, and significant to national security with access to the Joint Base Cape Cod. The Healey-Driscoll Administration has a robust transportation financing program state-wide, and the recent Capital Investment Plan (CIP) commits the state to provide the full $700 million state match for the Sagamore Bridge Project. This includes the programming of $262 million in cash flows expected to occur during state fiscal years 2024 through 2028 based on current construction schedule estimates, with the balance of the state’s $700 million contribution expected to occur after fiscal year 2028. These schedule and cash flow estimates will be adjusted as needed to address the timing and coordination of any federal participation. The state’s entire $700 million match is available without further legislative authorization required. The BIP Program provides an opportunity for Massachusetts to access the federal funding that is needed to replace this federal asset. This funding will allow Massachusetts to deliver on the vision of this project and its significant benefits to Cape Cod and the Islands and the state. ## Maura T. Healey Governor Kimberley Driscoll Lieutenant Governor Rebecca L. Tepper Secretary Bonnie Heiple Commissioner This information is available in alternate format. Please contact Melixza Esenyie at 617-626-1282. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper November 30, 2023 Peter Lombardi, Town Administrator Town of Brewster 2198 Main St Brewster, MA 02631 Re: Extension of date for Best Available Nitrogen Reducing Technology in septic systems serving New Construction in designated Natural Resource Nitrogen Sensitive Areas Dear Mr. Lombardi: , This letter is to notify you that in accordance with 310 CMR 15.000, the State Environmental Code, Title 5, MassDEP is extending the date for requiring the incorporation of Best Available Nitrogen Reducing Technology (BANRT) in septic systems serving New Construction on Cape Cod in designated Natural Resource Nitrogen Sensitive Areas (NRNSA). Per 310 CMR 15.215(2)(e), MassDEP can extend deadlines for the new NRNSA requirements: “…the Department may extend any time limit contained in 310 CMR 15.215 for good cause including, but not limited to, an insufficient supply of necessary equipment or materials or unavailability of contractors.” Extending the date for this requirement will allow for: - Continued and requested outreach and implementation guidance to the towns and local Boards of Health; - A more comprehensive review of the data for nitrogen reducing technologies leading to a more robust list of BANRT technologies; - Additional evaluation of whether there is a sufficient supply of necessary equipment and materials, and availability of contractors; and - Additional time for Cape Cod towns to prepare and submit a Notice of Intent to pursue a Watershed Permit, a Watershed Permit application, or a DeMinimis Load application, which would stay the requirement to install BANRT for both new construction and existing systems, and facilitate an efficient implementation of the new requirements. The requirement to install BANRT for new construction was scheduled to commence on January 8, 2024 for 30 watersheds on Cape Cod and, on March 30, 2024 for the Wellfleet Harbor watershed on Cape Cod. MassDEP is extending this date to July 8, 2024 for all 31 watersheds designated as NRNSAs on Cape Cod. This extension for New Construction does not change the timeline for the requirement to install BANRT on existing systems. This extension for New Construction does not alter or stay any requirement(s) specified by a town bylaw or regulation. Please contact Marybeth Chubb at Marybeth.Chubb@mass.gov or Ian Jarvis at Ian.Jarvis@mass.gov should you have any questions concerning this extension or a Watershed Permit submittal. Sincerely, Millie Garcia-Serrano Regional Director ec: BOH DEP-Boston Attn: Gary Moran, Deputy Commissioner, Operations and Environmental Compliance Kathy Baskin, Assistant Commissioner, Bureau of Water Resources (BWR) Lealdon Langley, BWR Director, Watershed Management Marybeth Chubb, BWR, Chief, Title 5, Groundwater, and Reclaimed Water DEP-SERO Attn: Millie Garcia-Serrano, Regional Director Drew Osei, BWR Wastewater Management Ian Jarvis, BWR, Wastewater Management Town Of Brewster, Massachusetts Notice of Intent to Submit a Watershed Permit for the Herring River Watershed Under the Massachusetts Watershed Permit Regulations (314 CMR 21.00) Applicant: Town of Brewster, Massachusetts 2198 Main Street Brewster, MA 02631 Project Location: The Portion of the Herring River Watershed Located in the Town of Brewster On November 21, 2023, the Town of Brewster submitted a Notice of Intent to the Massachusetts Department of Environmental Protection stating that the Town will submit a Watershed Permit application for its portion of the Herring River Watershed. The Herring River watershed is defined as a Natural Resource Area that is sensitive to the discharge of pollutants from on-site sewage disposal systems and is therefore considered a Nitrogen Sensitive Area according to the State Environmental Code Title 5 (310 CMR 15.214(1)). According to these regulations, existing developed properties in Natural Resource Areas are required to upgrade their septic systems to incorporate Best Available Nitrogen Reducing Technology within five years of July 7, 2023, the date these regulations were established. Properties with new construction that occurs after six months of the date of the regulations must also incorporate Best Available Nitrogen Reducing Technology. According to Title 5, the submission of this Notice of Intent suspends the requirements for- site septic system upgrades for properties within Brewster’s portion of the Herring River Watershed. The suspension is effective as of the submission of this Notice of Intent and continues through the development and implementation of the watershed permit. Therefore, properties in this portion of the Town of Brewster will not be subject to the Title 5 upgrade and new construction requirements under 310 CMR 15.215(2)(a) and (b). The Notice of Intent can be found on the Town of Brewster website at https://www.brewster-ma.gov/town-projects/pages/integrated-water-resource- management-planning-implementation and is also available in the Town Manager’s and Board of Health offices at Brewster Town Hall. It provides the overall schedule for the development, review, and subsequent approval of the Town’s Herring River Watershed Permit. The Town plans to complete the permitting process no later than July 6, 2030. The Notice of Intent also provides maps showing the portion of Brewster that is located within the overall Herring River watershed. The permit will document how the Town will meet its requirements to reduce nitrogen loading to the Herring River and will be developed with ongoing public input. Questions regarding the Town’s plans for the development of the permit can be directed to Peter Lombardi, Town Manager at plombardi@brewster-ma.gov. Town Of Brewster, Massachusetts Submittal of a De Minimis Watershed Permit Exemption Application for the Bass River Watershed Under the Massachusetts Watershed Permit Regulations (314 CMR 21.00) Applicant: Town of Brewster, Massachusetts 2198 Main Street Brewster, MA 02631 Project Location: The Portion of the Bass River Watershed Located in the Town of Brewster On November 21, 2023, the Town of Brewster submitted a De Minimis Watershed Permit Exemption Application to the Massachusetts Department of Environmental Protection. This application documents that the controllable nitrogen load from properties in Brewster is less than 3% of the total controllable nitrogen load from the entire Bass River watershed. Most of the Bass River watershed is located in Dennis and Yarmouth with a small portion in the southwest corner of Brewster. It is defined as a Natural Resource Area that is sensitive to the discharge of pollutants from on-site sewage disposal systems and therefore considered a Nitrogen Sensitive Area according to the State Environmental Code Title 5 (310 CMR 15.214(1)). According to these regulations, existing developed properties in these Natural Resource Areas are required to upgrade their septic systems to incorporate Best Available Nitrogen Reducing Technology within five years of July 7, 2023, the date these regulations were established. Properties with new construction that occurs after six months of the date of the regulations must also incorporate Best Available Nitrogen Reducing Technology. However, according to Title 5, and the state’s Watershed Permit Regulations (314 CMR 21), the approval of a De Minimis Watershed Permit Exemption application suspends the requirements for-site septic system upgrades for Brewster’s portion of the Bass River Watershed. Therefore, properties in this portion of the Town of Brewster will not be subject to the Title 5 upgrade and new construction requirements under 310 CMR 15.215(2)(a) and (b). The application can be found on the Town of Brewster website at https://www.brewster- ma.gov/town-projects/pages/integrated-water-resource-management-planning- implementation and is also available in the Town Manager and Board of Health offices at Brewster Town Hall. The application provides maps showing the portion of Brewster that is located within the overall Bass River watershed and provides documentation that proves the controllable nitrogen load from Brewster is 0.26% of the total controllable load that enters the Bass River. This is well below the 3% threshold that must be met to receive the de minimis watershed permit exemption. Questions regarding the Town’s plans for the development of the permit can be directed to Peter Lombardi, Town Manager at plombardi@brewster-ma.gov. Town of Brewster Pond Management Plan Process Phase Goals Personnel and Resources Stakeholders Deliverable(s) Timeline 1. Questions + Research = Science - Develop and execute a survey to elucidate resident designated use preferences for ponds and willingness to pay to achieve those uses - From survey results, generate research questions to be addressed in White Paper(s) on science- based strategies to meet resident designated use preferences Natural Resources Advisory Commission (NRAC) with input from consultants having the following areas of expertise: - Survey expertise - Scientific expertise - Communication and engagement expertise - Administrative expertise - Full and Part-time Brewster residents - Brewster town government - Brewster Pond Coalition - Brewster Conservation Trust - Other Brewster-based NGOs - State of MA environmental and recreational entities - Survey Report - White Paper(s) - Resident engagement plan To begin upon charge to NRAC from Town Administrator / Select Board 2. Science + Public Priorities = Policy - Draft a Pond Management Policy addressing the principles and goals of pond management in the Town of Brewster - Subject this draft to public comment by the scientific, administrative, regulatory, and public stakeholders and consultants Natural Resources Advisory Commission with input from consultants having the following areas of expertise: - Scientific expertise - Regulatory expertise - Communication and engagement expertise - Administrative expertise - Full and Part-time Brewster residents - Brewster town government - Brewster Pond Coalition - Brewster Conservation Trust - Other Brewster-based NGOs - State of MA environmental and recreational entities - Pond Management Policy To begin upon charge to NRAC from Town Administrator / Select Board 3. Policy + Specific Problem or Goal = Plan - Obtain and review existing chemical conditions report (Eichner) and all available biologic, hydrologic, geographic, or other data representing existing Natural Resources Advisory Commission with input from consultants having the following areas of expertise: - Scientific expertise - Full and Part-time Brewster residents - Brewster town government - Brewster Pond Coalition - Brewster Conservation Trust - Pond Management Plan To follow Phase 2 conditions of Brewster ponds - Identify policy solutions to identified impairments in existing conditions that limit desired designated uses of ponds - Regulatory expertise - Communication and engagement expertise - Administrative expertise - Other Brewster-based NGOs - State of MA environmental and recreational entities 4. Plan ÷ Action Steps = Implementation - Prioritize ponds for management - Select pond for demonstration project Natural Resources Advisory Commission with input from consultants having the following areas of expertise: - Scientific expertise - Communication and engagement expertise - Administrative expertise - Full and Part-time Brewster residents - Brewster town government - Brewster Pond Coalition - Brewster Conservation Trust - Other Brewster-based NGOs - State of MA environmental and recreational entities - Demonstration Pond Study Report To follow Phase 3 5. Implementation + Data = Adaptive Management - Establish ongoing monitoring of Brewster ponds with triggers for detailed investigation and intervention Natural Resources Advisory Commission with input from consultants having the following areas of expertise: - Scientific expertise - Citizen science expertise - Communication and engagement expertise - Data management expertise - Full and Part-time Brewster residents - Brewster town government - Brewster Pond Coalition - Brewster Conservation Trust - Other Brewster-based NGOs - State of MA environmental and recreational entities - Pond Monitoring Database To follow Phase 4 Town of Brewster Pond Management Plan 1. Questions + Research = Science I 2. Science + Public Priorities = Policy 3. Policy + Specific Problem or Goal = Plan 4. Plan _ Action Steps = Implementation Resident Survey and White Papers Town of Brewster Pond Management Policy Town of Brewster Pond Management PI Pond Management Plan Implementation: Demonstration Project Citizen Science Ongoing Pond Monitoring Program 1 Process Stakeholders: - Full and Part-time residents - Town government - Brewster Pond Coalition - Brewster Conservation Trust - Other NGOs - State environmental and recreational entities 5. Implementation + Data = Adaptive Management 1 Consent Agenda Cover Page a.Approval of Meeting Minutes: July 21 and December 4, 2023 Draft minutes from the Select Board meetings on July 21, 2023, and December 4, 2023, have been submitted for review and approval. Administrative Recommendation: We recommend the Select Board approve the meeting minutes as presented. b.Appointments: Amanda Bebrin (Bay Property Planning Committee) and Corey Gill (Zoning Board of Appeals) The Select Board approved to amend the Bay Property Planning Committee charge to change the voting member from Vision Planning Committee to an additional at-large member. Amanda Bebrin was the VPC member and current chair of the BPPC, who will now be an at-large member. Following the Select Board appointment policy for the vacant position of Alternate on the Zoning Board of Appeals Committee, Corey Gill has been recommended for appointment. Both the Select Board liaison and Chair of the committee recommend this appointment for a 3-year term that will expire on June 30, 2026. Administrative Recommendation: We recommend the Select Board approve both appointments. c.Facility Use Applications: Brewster Conservation Trust Brewster Conservation Trust would like to lead a nature walk as part of the First Day Hike initiative at Calf Field Pond Trail. The walk will take place from 12:30pm until 3:30pm on Monday January 1, 2024, with about 15-20 attendees. The Director of Natural Resources noted concerns about weather conditions on the day of the walk as access is mostly unimproved, and parking may be difficult. These concerns will be shared with Brewster Conservation Trust. Administrative Recommendation: We recommend that the Select Board approve the facility use application. d.Letter of Support for Brewster Cemetery Association for Community Preservation Act Funding The Brewster Cemetery Association is seeking a letter of support from the Select Board for Community Preservation Act funding for historic tombstone repair, restoration, and preservation. Recently the Brewster Historical Commission voted that the Brewster Cemetery is of great historical significance to the Town of Brewster. Administrative Recommendation: We recommend that the Board sign the letter of support for the Brewster Cemetery Association. 2 e.Request to Declare Surplus Items for Sale: Captains Golf Course The Captains Golf Course is requesting permission to declare a list of items as surplus for sale on GovDeals. Administrative Recommendation: We recommend the Select Board approve this request. f.Town Landing and Public Beach Access Request: Point of Rocks Crawford Land Management, on behalf of the owners of 351 Point of Rocks Road, has applied for use of Town Landing and public beach access at Point of Rocks beach. The Point of Rocks beach parking lot will be the access point for material deliveries and over- sand travel to the beach land for the purpose of performing sand nourishment. Overnight parking for three machines and storage of 20 cubic yards of sand is also requested. Access will be granted from Monday, January 15, 2024, to sunset, Friday, January 19, 2024. The conditions for approval for use of Point of Rocks beach landing are outlined in the accompanying letter, which has been drafted by Town Administration in conjunction with the Conservation Administrator. Administrative Recommendation We recommend the Board vote to authorize staff to approve this request, pending a site visit and coordination with Conservation. g.Fee Waiver Request: Brewster Historical Society The Brewster Historical Society is requesting a fee waiver in the amount of $1,282.00 for fees associated with the moving and restoring of the circa 1850 Schoolhouse #3. The Brewster Historical Society is a 501(3)c non-profit organization. According to the Select Board Policy on Waiver of Town Permit Fees, the Board may consider waiver of fees for a non-profit organization up to $2,000 per fiscal year. The Town Administration office confirmed the fees with Planning and the Building Department, we request that if the fees change or increase, that the Brewster Historical Society communicate with our office. Administrative Recommendation We recommend the Board approve the fee waiver request for the Brewster Historical Society. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 7.21.2023 www.brewster-ma.gov Page 1 of 7 Office of: Select Board Town Manager MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION DATE: July 21, 2023 TIME: 8:30 AM PLACE: Brewster Ladies Library, 1822 Main Street Participants: Chair Chatelain, Selectperson Bingham, Selectperson Hoffmann, Selectperson Chaffee, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick Remote Participants: Selectperson Whitney Call to Order and Declaration of a Quorum Chair Chatelain called the meeting to order at 8:37am and declared a quorum. Public Announcements and Comment None Business Meeting: Review of FY23-24 Select Board Strategic Plan, Discussion of Progress Made on Priority Goals and Feedback from Staff, Town Board/Committees, and Residents on Potential Changes/Additions, and Identification of FY24-25 Consensus Goals Mr. Lombardi reviewed the retreat schedule and the development of the FY24-25 Strategic Plan. Noting that residents had the opportunity to add input broadly in what they see as important for the Board to keep in mind. All the responses have been included in the packet. Feedback was requested from Department Heads and boards/committees through their respective Chairs. Mr. Lombardi offered a recap of the FY23-24 Select Board Strategic Plan which included 39 goals, which was 6 more than the previous year. About half of the goals were specific to FY23 and the other half had a 2-year time horizon, and there are two goals that were on the plan but remain for FY24. The group needs to think about a more even distribution as there are 19 goals that are this year specific and 2 goals for next year specific. There are 27 goals that were carried over and 12 new goals. About three-quarters of the goals are referenced in the Vision Plan and/or Local Comprehensive Plan (LCP). Mr. Lombardi stated that now more than ever we need to do our best to manage expectations, the draft LCP includes 100+ action items to be accomplished over next 10+years, the Housing Production Plan includes many strategies and goals and there are other recent plans from staff, boards/committees. Mr. Lombardi suggested when determining goals for this plan, to look at other plans that have been developed, for example, the Open Space and Recreation Plan and lean on those plans and use them as a guide as there is a lot of value in this plan as well as others that were developed by the community. Mr. Lombardi reviewed high-profile infrastructure projects over the next few years, noting that leadership is aware of the staff impact, community perception and the financial realities of these projects: Long Pond Boat Ramp Upgrade Millstone Road improvements Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 7.21.2023 www.brewster-ma.gov Page 2 of 7 Office of: Select Board Town Manager Stony Brook Millsite fishways improvements Stony Brook Elementary School upgrades (HVAC, roof, and code compliance) Sea Camps The feedback from the residents had two themes which were: concerns about taxes/spending and the rate/pace of change, as they want to maintain the community character. Mr. Lombardi reviewed the potential changes to the FY24-25 Plan, including identifying 1-2 goals per building block (up to 3 for the most important ones) and goals should be slightly broader in scope and not as project/task oriented. Selectperson Chaffee presented her idea on including Town mission and vision statements to guide strategic planning. The Board deferred action on inclusion of a mission or vision statement at this time. Mr. Lombardi clarified that we need to convey that just because items are on the plan, it doesn’t mean that all these things will happen, however there will be a public process. The Select Board discussed each building block of the FY25-25 Strategic Plan. 1.Sea Camps Mr. Lombardi reviewed the status of the FY23-24 goals, including the completed goals and goals that require continued work. The suggested goals for FY24-25 (6 total) were reviewed with the purpose of reducing to 2-3 goals total. i.Prioritize interim public access to and activities on the properties ii.Continue community planning process and develop long-term comprehensive plans for both properties iii.Further explore potential partnerships and revenue generating opportunities iv.Updated committee charges once comprehensive plans have been adopted v.Incorporate climate mitigation considerations into Sea Camps planning processes vi.Foster communication to residents and Town committees about latest Sea Camps developments and opportunities for participation Mr. Lombardi noted that Selectperson Whitney had to step away from the meeting. There was discussion regarding the Local Comprehensive Plan, noting that it was referred to the Vision Planning Committee and will be brought to Town Meeting in the fall. There was consensus to have the Strategic plan to align with the LCP as there is a benefit in conveying that the LCP is a great guiding document which has targeted goals around communication. The Select Board agreed to the following goals for the Sea Camps Vision Building Block: Provide interim public access to and activities on both Sea Camps properties. Continue community planning process, engaging residents, and stakeholders, to develop long-term comprehensive plans for both Sea Camps properties. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 7.21.2023 www.brewster-ma.gov Page 3 of 7 Office of: Select Board Town Manager Continue to explore potential partnerships and revenue generating opportunities that mitigate tax impacts and/or provide enhanced services, programs, or amenities for residents on both Sea Camps properties. 2.Housing Ms. Kalinick provided a status review of the FY23-24 goals which included the development of a five- year financial plan for Affordable Housing Trust, the implementation of the updated Housing Production Plan priority strategies, continued support services for residents and the Millstone Road Community Housing Project. Selectperson Whitney rejoined the meeting. Ms. Kalinick reviewed the suggested additions/changes for FY24-25 to be discussed with the intention to reduce to 2-3 priority goals for this building block. Explore and consider various policies and funding opportunities to support a variety of housing at a wider range of Area Median Incomes (AMI). Continue implementing the Housing Production Plan, with a particular focus on zoning strategies. Promote and encourage support programs that help residents stay in their homes. Continue to provide support for the Millstone Community Housing initiative and identify potential locations for future housing initiatives. Monitor the impacts of short-term rentals on the availability of year-round rental units and/or evaluate a (short-term) rental registration program. Mr. Lombardi shared that there may be a citizen’s petition at Fall Town meeting regarding short-term rentals. The Board discussed ways that some of these initiatives are included in other Town plans and how to keep the goals high-level. The Select Board agreed to the following goals for Housing: Promote and encourage support programs that help residents stay in their home Continue implementing Housing Production Plan Continue to provide support for Millstone Community Housing initiative 3.Water Resources Mr. Lombardi reviewed that part of his goals for this fiscal year included Water Quality and provided an overview of the work that has been completed and work that is ongoing. He presented the suggested goals for the Strategic Plan for this building block. The Board discussed the suggestions, and the importance of the watershed permits and Title V regulations for our residents. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 7.21.2023 www.brewster-ma.gov Page 4 of 7 Office of: Select Board Town Manager The Select Board agreed to the following goals for Water Resources: Continue to implement Integrated Water Resource Management Plan and update as needed to reflect current alternatives analyses, prioritize pond water quality, and identify timelines. Continue to manage Pleasant Bay watershed permit, develop new watershed permits, and educate the community about changes to Title V regulations and new DEP nitrogen sensitive watershed permit regulations. 4.Climate Mitigation and Adaptation Mr. Lombardi noted that the committee has been reconstituted and the charge has been updated. He also provided an update on the Energy Manager position noting that the Town currently is communicating with Cape Light Compact who is interested in picking up the partnership where it left off and possibly including other Cape towns. The idea is that the new Energy and Climate Action Committee would look across the actions and goals in Town plans to identify which ones are critical to work on. The Select Board agreed to the following goal for Climate Mitigation and Adaptation: Identify and implement priority energy and climate mitigation/adaptation goals and strategies consistent with the Municipal Vulnerability Preparedness Plan, Green Communities Energy Redcution Plan, and Hazard Mitigation Plan. 5.Solid Waste Management Mr. Lombardi noted that a site assessment of the Department of Public Words and the Recycling Center is being completed by a consultant. The Select Board will be presented with the findings over the next couple of months. Mr. Lombardi provided an update on the hydration station project. The Select Board agreed to the following goal for Solid Waste Management: Determine next steps to improve Department of Public Works and Recycling Center campus based on results of site assessment. Mary O’Neil was in attendance as a resident and asked Chair Chatelain if she could comment. She commented on the Recycle Center and whether non-recyclable products are getting mixed in with the recyclables. She also commented as a former member of the Coastal Advisory Committee that one of their initiatives was to have a pilot shuttle to beaches on the west end of town. 6.Coastal Management Mr. Lombardi reviewed the Board’s goals on the previous Strategic Plan, noting that the Town would not be taking any more actions or steps relative to the Wing Island Boardwalk. Mr. Lombardi presented the two goals for Coastal Management which are based on several data points, feedback, and conversations. The Select Board agreed to the following goals for Coastal Management: Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 7.21.2023 www.brewster-ma.gov Page 5 of 7 Office of: Select Board Town Manager Identify and implement priority goals and strategies of Coastal Resource Management Plan (Phase I) Advance intermunicipal shoreline management plan initiative with Dennis and Orleans 7.Open Space Mr. Lombardi reviewed the two goals on the FY23-24 Strategic Plan, stating that Town Meeting has reconstituted the Drummer Boy Park Advisory Committee that is tasked in reviewing the Master Plan and is to report back next Spring. Mr. Lombardi shared four suggested changes for this topic, including a process to evaluate potential land acquisitions, targeted accessibility improvements to Town owned conservation land and identify priority goals for the 2021 Open Space and Recreation Plan. The Board discussed last year’s goals to find consensus for goals for FY24-25. The Select Board agreed to the following goals for Open Space: Develop standard criteria and process to evaluate potential land acquisitions and consider establishing municipal land acquisitions committee. Identify priority goals of 2021 Open Space and Recreation Plan and begin implementation The Board decided to bring the Sea Camps building block front and center and bring Governance up in the plan. Though these are not listed in priority order, it may be perceived that way to the public. 8.Governance Mr. Lombardi started with the review of the ten goals from the current plan, pointing out which ones are completed, which have been partially completed and ones that should be tabled or planned for FY24-25. Topics of conversation included the Nauset School budget, the new Town website, the potential amendments to the noise bylaw, and the accessibility of Town finance information. The Board reviewed the suggested changes and additions for the FY24-25 Strategic Plan, sharing their comments and discussing ways to incorporate them into the Governance goals or to other building blocks. The Select Board spent time discussing the importance of education and mitigating financial impacts, personnel needs, and potential new revenue sources. The Select Board agreed to a version of the following goals for Governance: Identify priority areas to increase organizational capacity to meet enhanced service needs and expand project demands and develop long-term financing plan to fund necessary personnel Conduct assessment of community recreation needs, develop implementation plan, and provide staffing support to deliver enhanced recreation services. (This goal in particular will be completed once the Sea Camp comprehensive plans are completed). Evaluate strategies to reduce tax burden on residents, including targeted local tax relief options, and controlling/managing school budgets. Develop and implement communications plan, with focus on municipal finance and taxes, to best inform residents and local business owners about Town affairs The Select Board took a lunch break for about thirty minutes. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 7.21.2023 www.brewster-ma.gov Page 6 of 7 Office of: Select Board Town Manager 9.Community Character Mr. Lombardi reviewed that the three goals from the FY23-24 goals were all completed. The suggested addition is specific to the Diversity, Equity, and Inclusion audit. In the feedback received, we heard a lot about community character and the Town currently doesn’t have a good goal that calls this out. In response to Selectperson Chaffee’s inquiry about the 6A sidewalk program, Mr. Lombardi suggested that the Town completes the Millstone Road project before this is introduced. Ms. Kalinick suggested that the Council on Aging needs assessment should be incorporated into this building block. There was discussion on including the impacts of short-term rentals on the community as one of these goals. The Select Board agreed to the following goals for Community Character: Complete Diversity, Equity, and Inclusion audit of Town policies, provide DEI training to Town officials and staff, and integrate DEI considerations into Town programs, events, and activities Develop and implement FY24-28 Age-Friendly Community Action Plan based on 2023 COA community needs assessment Evaluate impacts of short-term rentals on the community and consider potential policy solutions 10.Community Infrastructure Mr. Lombardi reviewed the status of the FY23-24 goals. There was review of the next steps by the Nauset School officials to clarify the process regarding the Elementary School Consolidation Feasibility study and some more discussion on the installation of sidewalks on Route 6A. Mr. Lombardi shared that amendments will be brought to Fall Town Meeting to update the private road betterment bylaw to make the process clearer. As a result of the pavement management plan, the Town has completed research to determine which roads are public and which are private. Mr. Lombardi stated that most surrounding towns have minimum public safety standards for private roads, the challenge is that 80% of the private roads fail to meet the minimum standard and about 40% of public roads fail to meet the standard. The standard’s three major elements are clearance (width and height), road surface and turn arounds. The Select Board agreed to the following goals for Community Infrastructure: Collaborate with Brewster Ladies Library Association Board to determine priorities for library renovations and possible funding options/opportunities Lead approved capital projects through to successful completion and continue to communicate and engage with residents 11.Local Economy Mr. Lombardi reviewed the status of the FY23-24 goals, noting that the electronic permitting is implemented with about 80% of volume is through our Building Department, with the Health Department coming along, but they have a different kind of permitting process. To date, the Town has not moved forward with the digitization of Town records. There was discussion regarding the Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 7.21.2023 www.brewster-ma.gov Page 7 of 7 Office of: Select Board Town Manager guide to Doing Business in Brewster as well as amendments to the noise bylaw and update to entertainment license policies. The Select Board agreed to the following goal for Local Economy: Develop Guide to Doing Business in Brewster The group went over any suggested goals that were discussed but not placed under a building block, these included tax goals, communications plan, staffing goals and recreation. Then there was a review of each goal under the building blocks that have been agreed upon. There are a total of 25 goals on the Strategic plan. Mr. Lombardi reviewed the next steps, noting that the updated draft will be reviewed at the August 21st Select Board meeting. Once formally updated, the Plan will be distributed to Town board/committees and staff, it will also be available on the website. Updating the format to be more forward-facing was also discussed. On a frequent basis, the Select Board will include goals and action items for discussion as agenda items during regularly scheduled meetings. There was discussion about whether the Select Board should add additional meetings throughout the year to use as mini workshops to focus on the goals and initiatives laid out in the Strategic Plan. These meetings would not focus on regular administrative tasks that appear on regular agendas. Adjournment Selectperson Hoffmann moved to adjourn at 2:38pm. 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. Respectfully submitted by Erika Mawn, Executive Assistant Approved: __________________ Signed: _________________________________________ Date Selectperson Hoffmann, Clerk of the Select Board Accompanying Documents in Packet: Schedule, development of Strategic Plan, Recap of FY23-24 Plan, Review of Potential changes to FY24-25 Plan, Next Steps, Review of LCP, Comments on the Strategic Plan. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.04.2023 www.brewster-ma.gov ` Page 1 of 10 Office of: Select Board Town Manager MINUTES OF THE SELECT BOARD MEETING REGULAR SESSION DATE: December 4, 2023 TIME: 6:00 PM PLACE: 2198 Main Street, Room A Participants: Chair Chatelain, Selectperson Chaffee, Selectperson Hoffmann, Selectperson Whitney, Selectperson Bingham, Town Manager Peter Lombardi, Assistant Town Manager Donna Kalinick, Finance Director Mimi Bernardo, Finance Committee Members: Chair Pete Dahl, Frank Bridges, Alex Hopper, Bill Meehan, Patrick Buckley, Robert Tobias, Bob Young, Andy Evans, Peter Finlay (Municipal Resources Inc.), Fire Chief Robert Moran Remote Participants: Finance Committee member Bill Henchy Call to Order, Declaration of a Quorum, Meeting Participation Statement and Recording Statement Chair Chatelain called the meeting to order at 6:00pm, declared a quorum and read both the meeting participation and recording statement. Public Announcements and Comment None Select Board Announcements and Liaison Reports None Town Manager’s Report Mr. Lombardi shared that the Board for the Nauset Youth Alliance (NYA) has communicated that they have up to $350K available to help with the costs of a new playground at the Stony Brook Elementary School. The Town will be working with the schools and NYA through the process and in coordination with the Whitecaps. Consent Agenda a.Approval of Meeting Minutes: November 27, 2023 b.Fee Waiver Requests: Department of Public Works c.Request to Declare Surplus Items for Disposal and Fee Waiver Request: Brewster Ladie Library d.One Day Liquor License Applications: Maplewood Senior Living and Brewster Sportsman’s Club e.Request to Utilize Town Equipment: Homeless for the Holidays (Brewster Fire/Rescue Association) Selectperson Hoffmann moved to approve the Consent Agenda of December 4, 2023, with conditions as outlined in the packet. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 5-Yes, 0-No. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.04.2023 www.brewster-ma.gov ` Page 2 of 10 Office of: Select Board Town Manager Vote to Disband Vision Planning Committee and Amend Bay Property Planning Committee and Pond Property Planning Committee Charges Mr. Lombardi noted that the amended charge of the Vision Planning Committee (VPC) last Spring was to take the Local Comprehensive Planning (LCP) process through to completion, which was accomplished with the adoption of the LCP at Town Meeting. The Select Board will take formal action to disband the VPC, while recognizing that membership of the Bay Property Planning Committee (BPPC) included a member of the VPC. The VPC representative to the Pond Planning Committee served as a liaison role. The recommendation is that the Select Board disband the VPC, thank them for their outstanding work over the past several years and to create an at large seat on the BPPC. The goal is to keep the individual who has been serving in that capacity for the past couple of years in the role. The Board will take formal action next week on this appointment. Selectperson Hoffmann moved that the Board vote to disband the Vision Planning Committee. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 5-Yes, 0-No. Selectperson Hoffmann moved to amend the Bay Property Planning Committee and the Pond Property Planning Committee charges as outlined in the memorandum in the packet. Selectperson Bingham second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-yes, Selectperson Whitney-yes, Chair Chatelain-yes. The Board vote was 5-Yes, 0-No. FY25-29 Financial Forecast Presentation, Discuss FY25 Budget Development Guidelines, and Review FY25 Budget Calendar (Joint with Finance Committee) Chair Dahl called the Finance Committee meeting to order and declared a quorum with one member remote. Mr. Lombardi noted that the FY25 Operating Budget development process includes a 5-year Financial Forecast. The Brewster Finance Team was the recipient of the 2024 Government Finance Officers Association (GFOA) distinguished budget presentation award. This is both a reflection on the transparency and thoroughness to the budgeting process and how the Town communicates to our residents. The process brings value to residents and demonstrates how the Town works within the tax levy. Finance Director, Mimi Bernardo started with a FY24 Budget recap: Continued conservative in revenue estimates due to uncertainty of continued pandemic impacts, supply chain issues, and concerns about possible recession. Personnel expenses increased by 2.5% for COLA, contractual step increases, and the implementation of recommendations from the compensation and classification study. There are no more financial implications of the compensation and classification study. Contributed $300K to Town OPEB, divided fairly between General Fund (89%), Water (7%) and Golf (4%) based on total budget and allocated portions between the three. Based on anticipated revenues from Short-Term Rentals (STR) the Town appropriates 50% to the Affordable Housing Trust ($500K), 25% to Capital Stabliszation ($250K) and 15% to the Water Quality Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.04.2023 www.brewster-ma.gov ` Page 3 of 10 Office of: Select Board Town Manager Stabilization ($150K) account. The remaining 10% goes to the General Fund to support programs and initiatives identified in the Select Board’s Strategic Plan. Targeted staffing enhancements include an additional full-time employee, 3 additional part-time employees, and increased hours for three positions. Cape Cod Tech assessment decreased by 11% ($122,766) due to enrollment decrease from Brewster residents. Between the Brewster Elementary Schools and Nauset Regional Schools there was an operating override of just under $1M, a forever increase to the tax levy. The total increases for Nauset were just under 8% as well as the Brewster Elementary Schools. The Median Single Family home value increased by 11.7% to $710,900, the FY24 Tax Rate decreased by 2.6% to $6.81 per $1000. The Medium Single Family Tax Bill increased by $390 to $4,841: o 50% of increase from the Nauset High School Building project debt exclusion o 25% of increase from Nauset School overrides (District & Elementary) o 25% of increase from the general Proposition 2½ increase to support all Town increases and 4% school increases Mr. Lombardi presented the revenue assumptions for FY25: New Growth (new construction) = $250K State Aid (cherry sheet) =2% increase, last year’s increase was under 2%. State aid is less than $3M total, doesn’t have much of an impact on the revenue side. Local Receipts o Free Cash totals have come in high over the past couple of years, one major reason is that local receipts, looking at our trends, felt we could increase our projections for FY25 to a 7.5% increase. For FY26, 6.75% increase and in FY27-29 about a 4.75% increase for local receipts. Short-Term Rental revenues greatly exceeded our projections, the challenging part is that they came down Q1 this past summer by about 20%. More conservative on this and assumed $1M for FY24, up just 5% for FY25 and then annual increases of 5%. Only 10% of these revenues go to supporting operating expenditures, the rest other allocated to the three other funding sources through transfers. Solar Revenues: 20-year lease agreement for the solar carports at Captains, $70K go to the Enterprise fund for the golf course and the remaining about $20K is included in the General Fund for shared Energy Manager. New Marijuana Revenues: both licensed Brewster facilities have been open for several months, the State requires a full year of revenues before we project any revenues in building the operating budget. Looking at $150K/year starting in FY26 and increasing by $50K for FY27-29. Indirects for Water Department and Golf Enterprise Fund, assuming a 5% increase in FY25 and beyond, to track increases in personnel costs. Overlay Reserves: assuming $250K/year (includes abatements), the Town is proposing a childcare subsidy pilot program, based on the current balance there will be sufficient funding to cover current costs and support year one of the subsidy program. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.04.2023 www.brewster-ma.gov ` Page 4 of 10 Office of: Select Board Town Manager Ms. Kalinick presented on General Expenses, noting that the Town is looking at a 3% increase and has targeted increases that we know will occur in FY25, particularly for the utilities. The Natural Gas agreement is expected to increase, as well as our electric power supply, an approximate 55% increase, on the supply side, not the rate side. Health and Human Services increased by 10% and there was a decrease in the legal budget based on previous years’ actuals, which helps to offset other increases. Personnel will have a 2.5% COLA increase in FY25-26, plus annual step increases. Nauset Schools carried a 3% increase for both the Region and the Elementary schools from FY25-29 Cape Cod Tech increase of 2.5% in FY25-29 Benefits: o Pension assessment assumed at 11% increase based on past actuals, with 10% in FY26-27 and 9% in FY28-29. o Health Insurance increase of 4% in FY25-29, we have seen modest rate increases over the past couple of years. Transfer Expense Assumptions include: o OPEB -$300K, with $264K from General Fund o Housing Trust - $525K, which is 50% of Short-Term Rental revenues o Capital Stabilization- $262.5K, which is 25% of Short-Term Rental revenues o Water Quality Stabilization - $157.5K, which is 15% of Short-Term Rental revenues Ms. Kalinick shared that a large portion of our overall expense budget, about $65M, goes to education, followed by Employee benefits, public safety, and general government. Important to note that our Town debt had an increase over the last two fiscal years tied to the Sea Camps purchase, around 6% of general fund debts as it relates to the overall operating budget. Ms. Bernardo presented the excluded debt, noting that almost all of the Town’s debt is excluded debt, which means that we are allowed to raise the tax levy by the amount of the payments each year. The only two items that are not excluded debt are from the library parking lot and the demolition of the tri-town septage facility. Sea Camps Bay Property- first payment in FY23, just under $1.3M, second payment in FY24 was $981K and the payment in FY25 will be the same. Nauset High School - $133M debt issues with an assumed 25-year level debt term starting in FY24 o First payment in FY24 was just under $2.1M, for FY25 the payment will increase to just over $4M, the tax impact on the average median home in FY25 is just under $500. Cape Cod Tech High School- $81M debt issuance o 20-year term, level principal, started in FY20 o FY25 payment is $441,653, down $30K from FY24 Mr. Lombardi pointed out the Town’s purchase of the Sea Camps was $26M, all was excluded, and we have only been taxing on the $20M for the Bay property. The Town Meeting plan was to finance the $6M for the Pond Property within in the tax levy. Since that time, we have been allocating several $100K within the tax levy to cover the annual payments. Adding that as we near finalizing the plans for the properties, we will know what our funding partners financial contributions are, who had originally committed over $3M in Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.04.2023 www.brewster-ma.gov ` Page 5 of 10 Office of: Select Board Town Manager pledges. We will then decide on what the plan is to cover any balance, Mr. Lombardi feels confident we will be able to finance without impacting the tax rate. There was clarification on Nauset High School, the total project costs is $180M, debt issuance is expected around $133M and Brewster’s share of the debt is about $65M. It was acknowledged that there are no assumptions in the operating budget relative to the costs of the Sea Camps planning process, these will be incorporated into the Capital plan and the operating budget to the extent that we will be relying on excluded debt to finance costs. Mr. Lombardi reviewed the forecast implications, noting that the Town is in a good position and a similar place to last year. In FY26 levy capacity is down to $150K and starting in FY27 our expenses outpace revenues by about $50K on a $60M budget, this is a comfortable position to be in overall. Estimated FY25 General Fund revenue totals equals about $58M Projected FY25 expenses is about $57.9M Estimated available FY24 levy capacity a little over $200K The FY25 Operating Budget development gives the Finance team direction for recommended guidance, which includes targeting school expense increases at 3%, any more than this will likely need to be funded via an operating override. The recommended message to Town Departments is to deliver a level service budget and provide substantial compelling rational for any kind of significance. Mr. Lombardi reviewed the schedule for the budget development with presentations in early February. All presentations will be available on the Open Gov platform. The Capital budgeting is underway as most requests are brought to the Fall Town Meeting. The Town Finance team has been working with department heads on refining their FY24 capital requests, the goal is to try to bring in the request at about $2M in Free Cash. With the Select Board’s financial reserves policy, the Town should be able to close out FY24 with around $1M. Mr. Lombardi reviewed the Select Board’s FY24-25 Strategic Plan goals and how they connect to the Operating Budget and approach. Areas that might have staffing implications for the FY25 budget include: Providing interim public access to and activities on both Sea Camps properties. Recreation Department review for support that is needed for them to deliver current and enhanced programs, recognizing it will look different when we get through the Sea Camps planning process. o Conduct assessment of community recreation needs, develop implementation plan and provide staffing support to deliver enhanced recreation services. Identity areas and evaluate the needs to increase incremental staffing to meet the demands of our residents and maintain standards. Evaluate impacts of Shor-term Rentals on the community, including registration program or other local regulations or bylaws which would require staffing support. This is not a FY25 operating impact, but something to keep in mind when we work through the policy issue. There was a review of operating budget tax relief, goals include: Exploring potential partnerships and revenue generating opportunities specific to the Sea Camps. The Town recently announced a partnership with Mass Audubon who are committed to contributing $3.5M in total. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.04.2023 www.brewster-ma.gov ` Page 6 of 10 Office of: Select Board Town Manager Evaluate strategies to reduce the tax burden on our residents, which include the Board’s interest in opening the Reginal School Agreement and interest in submitting for State grant to examine regionalization of elementary schools across the district. Launching a pilot program for childcare subsidy and implementing it in equitable and sustainable manner. Selectperson Hoffmann asked about Brewster’s share of the current debt payment for the Nauset High School. In FY24, Brewster’s share of the debt payment is just over $2M, in FY25 for the full load of the debt, the payment is just over $4M, for the medium-priced homeowner it will be about $500. Mr. Lombardi added that the numbers for FY25 are estimated numbers based on the most recent information, the debt will be issued at the end of the fiscal year. Selectperson Whitney inquired about the new growth forecast, Mr. Lombardi noted that part of the reason that new growth projects are up is that it is not just about the volume, but the value as well. Finance Committee member Meehan asked if the guidance to the Nauset Regional School Administration to keep increases at 3% has been communicated to them. Mr. Lombardi noted that not at this time, and it will happen after this meeting. Member Hooper asked about the two marijuana facilities and when the Town can budget for the revenues. Due to the opening of the facilities, the Town won’t get the revenues until quarter two of this fiscal year. Since this is not a full year’s worth of revenues, we won’t be able to use them for FY25 purposes. Member Young reviewed Nauset’s operating budget, noting that in the last five years their budget is up 18% while enrollment is down 17% (excluding debt and the high school project). He stated that he fundamentally has an issue with providing school committees with guidance of taking a 3% increase. Mr. Lombardi responded that the Town wants to convey accurately based on the assumptions of what capacity we could support within the levy. Adding that we are asking that the schools come in with an increase that is less than half of what they did last year and feels this is appropriate and realistic. Member Bridges requested some future changes to the presentation including adding fund balances for the key funds and the salary impact on the budget across the categories, which will help to focus on the things that are not salary related that could be theoretically controlled. Mr. Lombardi and Ms. Bernardo shared that it is hard to track the data in a contract year. Otherwise, the Town has to make assumptions as employees step out overtime and salaries start to level off. Member Bridges asked about changes in the marijuana tax, Mr. Lombardi noted that for our assumptions, we are counting on the taxes, which is memorialized in the law and not going away. Member Bridges provided his thoughts on the revenue and expense impacts of what the new school district agreements might look like. Noting that a numerical escalator doesn’t reflect the cost of educating a district student. Chair Dahl inquired about PILOT (payment in lieu of taxes), Mr. Lombardi shared that this is not something the Board or the Town has had conversations about. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.04.2023 www.brewster-ma.gov ` Page 7 of 10 Office of: Select Board Town Manager Presentation and Discussion on Fire Department Staffing Study (Joint with Finance Committee) – Select Board FY24-25 Strategic Plan Goal G-3 Peter Finlay, Municipal Resources Inc. (MRI), stated that they were hired to review the fire department’s organizational structure, administration, and management, with one of the primary focuses is to evaluate the department’s staffing and provide recommendations for improvement. The goal was to create a report that becomes a useful guide and a resource for the community that shares a vision for the success of the organization as it approaches the challenges and transitions of the future. The analysis provides 39 recommendations for the town. Mr. Finlay reviewed the methodology used by MRI to arrive at the final report. All recommendations for improvement are based on various administrative regulations that are in place either at the federal or state levels and nationally accepted consensus standards. Mr. Finlay observed that Brewster Fire Department has a well-equipped state-of-the-art fire station with a high functioning leadership team. The department consists of a dedicated core group of members who are trying to make their organization one that provides dependable, high quality, emergency services to the Town of Brewster. The Fire Department appears to have a positive public image and is respected for its long-standing service to the community. Noting that the strategic plan in place is progressive and forward thinking. The Key Areas of Concern were reviewed: The potential for a diminished level of service based on a shortage of available resources primarily forms a career staffing perspective and the annual requests for service continue to increase. o Based on the loss of the call component over the past 10 years. High turnover rate among career staff. Frequent vacancies have resulted in a high level of mandatory holdover and order-in overtime which can have a significant impact on firefighter health and wellness, as well as morale within the department. Housing and rental costs in Brewster and surrounding communities are extremely high and thus unaffordable for most public safety personnel. This also has challenges in recruiting qualified personnel. Widespread use of automatic aid at the time of dispatch to assemble enough personnel for an effective response force. If there were two simultaneous EMS calls, there would be no fire protection in Town. Potentially increasing response times based on a growing number of overlapping calls. An aging resident population (35.1% of population is age 65 or over) will likely result in increased requests for services further straining the system. This report can be an idle source of conservation or a means to engage the organization to plan for the future to enhance the level of service for the residents of Brewster. Mr. Finlay provided key recommendations: With lower priority calls, only two people respond by ambulance, which would leave three staff remaining for fire duty and to handle a second ambulance call, if necessary. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.04.2023 www.brewster-ma.gov ` Page 8 of 10 Office of: Select Board Town Manager For the more serious calls, two people on the ambulance initially, with three on the engine, can respond at the same time. The decision can be made on the scene on how many people would need to bring the patient(s) to the hospital. The department should strive to have a minimum of 16-17 firefighting personnel on the scene of every single-family residential structure fire within 8 minutes of the time that units are responding. The only way to accomplish this is through automatic aid. For fires in multi-family residential buildings and commercial occupancies, a minimum of 27-28 personnel should be on scene within 8 minutes of the time that units are responding to be able to establish a full effective response force. The presentation included a review of staffing comparisons to surrounding Towns, Brewster is the second largest in population and has the second smallest career contingent. Suggestions for staffing include: FY2025 – hire four additional personnel to increase shift staffing to six personnel with a minimum of five on duty (off season only). Continuing with the practice of seasonal personnel. FY2026- hire one additional person to allow for the creation of the full-time EMS officer position and the possible implementation of a Mobile Intensive Care Unit/Community Paramedicine program. Promote four firefighters to the rank of Lieutenant. o The position of Lieutenant on each shift allows for a continued appropriate span of control as recommended under the Incident Management System (IMS). Ensures that at all times there is someone on duty who has experience, training and education. FY2028- hire 4 additional personnel to increase shift staffing to seven personnel with a minimum of six on duty (off season only). At all staffing levels, the fire department should continue to utilize part-time personnel to supplement staffing level and maintain maximum shift staffing during peak season. In FY2029 and FY2030, the department should conduct an evaluation on the impact of the increased staffing levels on overall fire and EMS operations. Mr. Finlay noted that the Federal Government has a grant program which provides funding to hire and retain personnel and suggested that the department apply annually over the next several years. Community Paramedicine is a program gaining in popularity, where paramedics visit people in the community who frequently call the fire department or senior citizens who may live alone. The paramedics visit on a regular basis, check their vitals, make sure they are taking their medications, and assist them so that they don’t have the need to call emergency services on a regular basis. The program is comprised of a suite of potential services that EMS can provide that help fill the gap with the local health care system, it is designed to better manage the increase in EMS call volume and aligns the type of care that is being provided with the needs of the patient. Mr. Finlay shared that fire departments have been able to arrange reimbursement with insurance providers which offers a funding stream to help offset some of the increases. Mr. Finlay expressed that planned growth is essential to provide a consistent service level to the community, while keeping pace with increased demands for service. While there is no right amount of fire protection or EMS delivery, it is a constantly changing level based upon the expressed needs of the Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.04.2023 www.brewster-ma.gov ` Page 9 of 10 Office of: Select Board Town Manager community. Some of the challenges that lie ahead for the department include defining the acceptable level of service, and the long-term development of its officers and personnel. Mr. Finaly shared that the goal is to assist the Town of Brewster and the Fire Department in moving forward in a planned or intended strategic manner to reinforce the existing strategic plan. Chief Moran stated that the study is important for the department’s future. This study was one component of the strategic plan and none of the recommendations are a surprise. The Chief is proactive to the recommendations and sees the biggest issue is the additional staffing needs. Chair Chatelain inquired about how response times have changed with mutual aid over the past few years. Chief Moran noted that the department has been able to provide more mutual aid, the challenge is simultaneous or multiple calls where they must divide and conquer to provide adequate service. The department is neutral whether they receive or provide mutual aid. If headquarters is staffed with five members, both ambulances can respond appropriately within the 90th percentile that they’re supposed to. Chair Chatelain asked about the staffing levels and the impact on the department over the summer months. Chief Moran shared that the summer months are a difficult time as they were down staff, creating morale and stress problems. Adding that full staffing is very important, when you get stressed and over-strained, it drives people from Brewster Fire Department to other departments. Selectperson Chaffee inquired about the recommendation to supplement summer needs with temporary staffing. Chief Moran noted that last year they were able to recruit one individual, but it is very difficult to secure temporary staffing. Selectperson Hoffmann expressed interest in the Paramedicine program and interdepartmental support (Council on Aging, Health Department, Police Department) and if there is any consideration on how we can band together to provide the services. Chief Moran responded that the goal for when there is staffing, to have an EMS coordinator who would be able to get involved in the program and coordinate with other departments and agencies, a team-oriented approach to taking care of our residents. Chief Moran shared that the new program at Cape Cod Tech is designed to try to recruit 18-year-olds to become EMTs, medics and firefighters. These individuals would be certified as EMTs and firefighters when they graduate. This is the first year of the program, so we are not there yet, but it will provide recruiting for those that already live on Cape. Additionally Cape Cod Community College has revised their paramedic program and the fire association provides financial incentive towards the program. FYIs None Matters Not Reasonably Anticipated by the Chair None Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov Select Board 12.04.2023 www.brewster-ma.gov ` Page 10 of 10 Office of: Select Board Town Manager Questions from the Media None Finance Committee member Evans moved to adjourn at 8:50pm. Member Bridges second. A roll call vote was taken. Member Bridges-yes, Member Buckley-yes, Member Meehan-yes, Member Tobias-yes, Member Evans-yes, Member Young-yes, Member Hooper-yes, Member Henchy-yes, Chair Dahl-yes. The Committee vote was 9-Yes, 0-No. Next Meetings December 18, 2023, and January 8, and January 22, 2024 Adjournment Selectperson Chaffee moved to adjourn at 8:51pm. Selectperson Whitney second. A roll call vote was taken. Selectperson Bingham-yes, Selectperson Hoffmann-yes, Selectperson Chaffee-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 Hoffmann, Clerk of the Select Board Accompanying Documents in Packet: Agenda, TM Report, Consent Agenda items, Committee Changes (VPC, BPPC, PPPC), FY25-29 Financial Forecast, Fire Department Staffing Study, FYIs. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov MEMORANDUM RE: Vision Planning Committee and updated Sea Camps Planning Committees Charges DATE: December 1, 2023 With the successful passing of the Local Comprehensive Plan (LCP) at the November 2023 Town meeting, the charge for the Vision Planning Committee (VPC) has now been completed. We thank the current and past members for their incredible work and commitment to passing the LCP. The Board will be voting this evening to disband the VPC. The VPC had a voting member on the Bay Property Planning Committee (BPPC) and a liaison on the Pond Property Planning Committee (PPPC). We recommend the Board vote to amend the BPPC charge to change the voting member from (1) Vision Planning Committee member to an additional at-large member. The current voting member from the VPC is Amanda Bebrin. Amanda has served in this role since the formation of the committee and is the current chair. We recommend that Amanda Bebrin be appointed as the at-large member. For the Pond Property Planning Committee, the charge only needs to be amended to remove the liaison position from the VPC. We thank Suzanne Kenney who has been serving in this role. Bay Property Planning Committee (BPPC) 1.Purpose: a.Identify existing conditions of the former Cape Cod Sea Camps Bay property b.Evaluate potential low-cost, short-term public access opportunities c.Develop and propose interim public access plan d.Develop and implement a public engagement strategy to ensure broad community input e.Determine priority long-term uses appropriate for the Bay property, taking the adjacent Spruce Hill property into consideration f.Identify and evaluate potential partner organizations with shared interests and values, particularly MA Audubon and YMCA Cape Cod g.Propose recommended long-term uses and partnerships h.If recommended long-term uses include construction of a community center and/or Town offices, evaluate alternative uses of Council on Aging site, Town Hall, and Eddy School as appropriate i.Develop an implementation plan for the proposed uses Office of: Select Board Town Manager 2.Strategies: a.Actively engage the public and stakeholders b.Provide residents with regular updates regarding progress and milestones c.Consider a range of interests, needs, ages, and abilities d.Collaborate with design professionals to develop and present a comprehensive plan to the Select Board and Town Meeting i.Consider Brewster’s key strategic planning documents (Vision Plan, Open Space and Recreation Plan, Coastal Resource Management Plan, Housing Production Plan, and others) ii.Incorporate maintenance, safety, and legal requirements iii.Identify estimated one-time project costs, ongoing operating expenses, funding sources, and timelines, incorporating prudent financial practices and exploring opportunities for revenue generation 3.Composition: Eleven (11) total members, including: a.Two (2) representatives from Select Board (Select Board Chair shall not be eligible) b.One (1) representative from each of the following committees: Vision Planning Committee; Natural Resources Commission; Recreation Commission c.Six (6) Seven (7) at-large members (may be part-time residents) d.Term: One (1) year, subject to annual reappointment; first term through June 30, 2023 e.Officers: Committee shall initially and annually thereafter elect a Chair, Vice Chair, and Clerk; Chair position shall not be held by a Select Board member; Chair and Vice Chair will meet on quarterly basis with their counterparts on PPPC to ensure coordination f.Liaisons (non-voting): Finance Committee; Open Space Committee; Council on Aging; Affordable Housing Trust; Cultural Council g.Representatives (non-voting): MA Audubon, YMCA Cape Cod, and Brewster Conservation Trust; other organizations such as Trustees of Reservations, etc may be included as needed h.Lead Town Staff Support: Town Administrator Manager; other Department Heads as needed 4.Appointment Process: a.Notice soliciting letters of interest and completed applications from residents will be posted on Town website – due January 21, 2022 b.Residents seeking to serve as at-large members will be asked to complete new Board/Committee application form c.Members of representative committees will be asked to submit letters of interest d.Select Board members appointed to serve on BPPC will individually vet all applicants (at-large and representative members) and then make their recommendations to the full Board in February e.Select Board are anticipated to make all appointments by the end of February f.Committees and outside organizations may identify their own liaisons/representatives 5.Selection Criteria: In addition to the criteria outlined in the Select Board’s recently revised Board & Committee Appointment Policy, Select Board members will also take into account the following criteria in selecting members to serve on this committee: a.Record of effective teamwork ability; able to collaborate well with others to achieve common goals b.Experience in community planning, municipal activities, project management, equity and inclusion, conservation/environment, park management, sustainability, historic preservation, recreation, public finance, (landscape) architecture, youth services, human services, engineering, community housing, and/or law c.Excellent written and verbal communication skills d.Previous volunteer service e.Sufficient time to actively participate in meetings and take on tasks outside of meetings Pond Property Planning Committee (PPPC) 1. Purpose: a.Identify existing conditions of the former Cape Cod Sea Camps Pond property b.Evaluate potential low-cost, short-term public access opportunities c.Develop and propose interim public access pan d.Develop and implement a public engagement strategy to ensure broad community input e.Determine priority long-term uses appropriate for the Pond property, taking the adjacent Long Pond Woodlands (Robinson) property into consideration f.Identify and evaluate potential partner organizations with shared interests and values, particularly MA Audubon and Brewster Conservation Trust g.Propose recommended long-term uses and partnerships h.Develop an implementation plan for the proposed uses 2. Strategies: a.Actively engage the public and stakeholders b.Provide residents with regular updates regarding progress and milestones c.Consider a range of interests, needs, ages, and abilities d.Collaborate with design professionals to develop and present a comprehensive plan to the Select Board and Town Meeting i. Consider Brewster’s key strategic planning documents (Vision Plan, Open Space and Recreation Plan, Coastal Resource Management Plan, Housing Production Plan, and others) ii. Incorporate maintenance, safety, and legal requirements iii.Identify estimated one-time project costs, ongoing operating expenses, funding sources, and timelines, incorporating prudent financial practices and exploring opportunities for revenue generation 3. Composition: Eleven (11) total members, including: a.Two (2) representatives from Select Board (Select Board Chair shall not be eligible) b.One (1) representative from each of the following committees: Natural Resources Commission; Open Space Committee; Affordable Housing Trust, Water Commission, Recreation Commission c.Four (4) at-large members (may be part-time residents) d.Term: One (1) year, subject to annual reappointment; first term through June 30, 2023 e.Officers: Committee shall initially and annually thereafter elect a Chair, Vice Chair, and Clerk; Chair position shall not be held by a Select Board member; Chair and Vice Chair will meet on quarterly basis with their counterparts on BPPC to ensure coordination f.Liaisons (non-voting): Finance Committee; Vision Planning Committee g.Representatives (non-voting): MA Audubon & Brewster Conservation Trust; other organizations may be included as needed h.Lead Town Staff Support: Assistant Town Administrator Manager; other Department Heads as needed 4. Appointment Process: a.Notice soliciting letters of interest and completed applications from residents will be posted on Town website – due January 21, 2022 b.Residents seeking to serve as at-large members will be asked to complete new Board/Committee application form c.Members of representative committees will be asked to submit letters of interest d.Select Board members appointed to serve on PPPC will individually vet all applicants (at-large and representative members) and then make their recommendations to the full Board in February e.Select Board are anticipated to make all appointments by the end of February 5.Selection Criteria: In addition to the criteria outlined in the Select Board’s recently revised Board & Committee Appointment Policy, Select Board members will also take into account the following criteria in selecting members to serve on this committee: a.Record of effective teamwork ability; able to collaborate well with others to achieve common goals b.Experience in community planning, municipal activities, project management, equity and inclusion, conservation/environment, park management, sustainability, historic preservation, recreation, public finance, (landscape) architecture, youth services, human services, engineering, community housing, and/or law c.Excellent written and verbal communication skills d.Previous volunteer service e.Sufficient time to actively participate in meetings and take on tasks outside of meetings FINAL Select Bd Appt Policy; version Oct. 28 Appendix C SELECT BOARD COMMITTEE APPLICATION SCREENING FORM Applicant Name Requested Committee 1. TOWN CLERK REVIEW a. Applicant is a registered Brewster voter: Yes No b. Date confirmed 2. SELECT BOARD LIAISON RECOMMENDATION TO SELECT BOARD a. Select Board Liaison Applicant Interview: i. Interviewer name (Select Board Liaison): ii. Interview date: b. Select Board Liaison Consultation with Committee Chair: iii. Committee Chair name: iv. Consultation date: v. Did Committee Chair also interview applicant? Yes No c. Was at least 1 Brewster reference contacted: Yes No N/A d. Select Board Liaison Recommendation: i. Recommend appointment. ii. Recommend appointment to other committee that is a better fit for applicant qualifications. iii. Recommend holding application for future opening. iv. Not recommended. 3. SELECT BOARD ACTION a. At a Select Board meeting held , the Applicant was appointed to for a term ending year term. 4. NOTIFICATION OF APPOINTEE AND TOWN CLERK a. Date notification of appointment sent to appointee and Town Clerk: FINAL Select Bd Appt Policy; version Oct. 28 Appendix B Town of Brewster SELECT BOARD COMMITTEE APPOINTMENT APPLICATION APPLICANT DIRECTIONS: • Thank you for your interest in serving Brewster. The Town aims to match applicants with committee service best aligned to your skills and interests as well as the committee's needs. • The Town may consider the information in this application, any supplemental information, and any other publicly available information. An appointment to any committee, board or commission is at the discretion of the Select Board. • Please complete this form online, or on paper, and submit a resume if desired to Erika Mawn, Town Administrator's Executive Assistant: o Email: EMawn ..Brewster-MA.gov o Mail: Erika Mawn, 2198 Main St., Brewster, MA 02631, or o In person: Town Administrator's Office or drop -box outside Town Hall. • After your application materials are received, you'll be contacted regarding next steps. Vacancies will be filled by applicants deemed best qualified to serve in a particular capacity, which discretion lies solely with the appointing authority. Submitting this form does not guarantee appointment. 1. Applicant name: 2. Address: 3. Phone Numbers: Home: 4. Email: Cell: 5. This is an application for: Full member status 6. Are you a full-time Brewster resident? 7. Years you've lived in Brewster: X Altemate status Yes No 5 8. Are you registered to vote in Brewster? X Yes No 9. Committees you are interested in serving on in order of preference: a I Zipliin Rokrr. b. c. NOTE: You may attach a resume or CV instead of completing items 10-14. FINAL Select Bd Appt Policy; version Oct. 28 10. EDUCATION. List schools attended, degrees/diplomas/certificates received, and date of completion. Name of School Degree/Diplomas Certificates Di lo oho. IV0.As44 Hi 1,1 NETT A 3 S o C;.jr D e rte Of SC, enLe Ai-tv.b.(t Ah+ fro-i'ive.Teclq o 11.00CUPATION: A o TeL1. ; civrr� Active Retired Date of Completion oo Not currently working 12. EMPLOYMENT EXPERIENCE. List employers, job titles and dates of employment for at least previous 3 years. Name of Employer l -A A law►0%;►e Job Title Dates of Employment OtAL C loo g - f rmvti- 13.GOVERNMENT POSITIONS. List any Town of Brewster or other government volunteer, elected, or appointed positions you now hold or have held. . i • . • 14. COMMUNITY ACTIVITIES. List all civic, non-profit, or other organizations that you belong to or have belonged to in the previous 5 years: a. Organizations and dates: (lusir ©F 2nerrll 44 ;so ;fie i4t' tLe. f►Nio TeJ. 9 r.-L►M al- +Le. IN/Q, c,p,, iz.d I,;51, ri1,41 �. 15.GOALS: Please explain why you'd like to serve on a particular committee. 4 Vol'"n+eer %A,/ fi e 'i�� +ti@ bvc.1 Wr prese.t✓;^� He cow - Of &re -v Sher, 16. EXPERIENCE & SKILLS: Please list any experience, achievements, skills, or interests you have that would assist you to serve effectively on the committee you wish to serve on. 17.TOWN EMPLOYMENT: Are you or any member of your immediate family employed by or receiving financial consideration from the Town of Brewster? Yes No 18. CONFLICTS OF INTEREST. Do any of your activities or relationships present the possibility or probability of a conflict of interest if you are appointed?(Does not automatically disqualify but may need to be disclosed) Yes J No 19. LOCAL REFERENCES: Please provide the names and contact information for references (Brewster residents preferred): a. Name: Address: Phone: Email: iZifz 14.1 4 . Relationship to you: L b. Name: Address: Phone: Email: i _ 1 Relationship to you: ro fok ^e.0.41-Cr /? Q ai 3l 20.ADDITIONAL INFORMATION. Please add an additional information you'd like. FINAL Select Bd Appt Policy; version Oct. 28 20. SIGNATURE. By signing below, you state that you understand and agree. • My completion of this form does not guarantee my appointment and my application will be kept on file for two (2) years. • If appointed to a position, I will be considered a Municipal Employee under MGL Ch. 268A and will be subject to: • Massachusetts Conflict of Interest Law, MGL Ch. 268A; • Massachusetts Financial Disclosure Law, MGL Ch. 268B; • Massachusetts Open Meeting Law, MGL Ch. 30A, Sections 18-25, and the implementing regulations, 940 CMR 29.00; • Massachusetts Public Records Law, MGL Ch. 66, and the implementing regulations, 950 CMR 32.00; • Massachusetts Campaign Finance Law, MGL Ch. 55; and • Brewster Charter, when in force, and Town bylaws, and all other applicable federal, state, and local laws or regulations. • If appointed, I must be sworn in by the Town Clerk before serving, and I will complete State Conflict of Interest training after appointment, as well as any other certifications required by law. • When submitted, I understand that this form becomes a public document. Signature: Date: Brewster Conservation Trust Lead a nature walk Part of the First Day Hike initiative - an x x 04-2798931 15 20 Brewster Conservation Trust 36 Red Top Rd, Brewster, Ma 02631 508-694-6720 508-694-6720 January 1 , 2024 3:30P12:30p Calf Field Pond Trail, Run Hill Road educational hike to kickoff the New Year. None SUMMARY OF THE BREWSTER CEMETERY’S COMMUNITY PRESERVATION COMMITTEE GRANT REQUEST Project Synopsis: Repairing broken gravestones, resefting gravestones that are leaning and might fall and cleaning hundreds of gravestones that have been significantly darkened by biological growth elements and yellow lichen. The large majority of the gravestones are white marble and are from the 1800’s. They are historic in themselves as well as being in the historic secfion of the Brewster Cemetery, located on Lower Road in the Old King’s Highway Historic District. Background: The Brewster Cemetery is a volunteer run not-for-profit cemetery. It is not associated with any governmental or religious organization. The cemetery is owned by the Brewster Cemetery Association, which is made up of lot owners and their heirs. Thirteen volunteer trustees manage the cemetery. This management includes perpetual care of the roads, fencing, and grounds; but the Cemetery Association is not responsible for the repair and restoration of gravestones. That responsibility belongs to the owner families and their heirs. However, most of the older historic tombstones no longer have family or heirs in the area to care for them. This historic cemetery is often referred to as “The Sea Captain’s Cemetery” because so many of Brewster’s mariners are buried there. It is also the burying ground for many of the founding families of Brewster with tombstones dating to the early 1800’s. A view of the Brewster Cemetery from Lower Road looking north. Project Description: The Brewster Cemetery Association recently conducted a gravestone-by-gravestone inspection in the historic portion of the cemetery. This inspection found five broken gravestones, 31 gravestones that are leaning and are in danger of falling and 850 gravestones with substantial biological growth staining and lichen growth. The staining, which happens over a long period of time, turns the white marble gravestones gray or almost black. The lichen, which is an ugly yellow is a living fungus which very slowly is digesting and damaging the gravestones. Combined, both the lichen and the biological growth staining make the inscriptions on the stones impossible or difficult to read causing a loss of an important part of the town’s history. It is important to again note that the repair/restoration of gravestones is not the responsibility of the Cemetery Association. The gravestones are owned by families/heirs are responsible for their care. Our request for CPC Grant funds for historic tombstone repair/restoration/preservation is not unique. The Dennis Village Cemetery received a $41,000 CPC grant for gravestone repair and preservation in 2023. The Union Cemetery in East Harwich received $112,000 for restoration and repair in 2022. And Harwich cemeteries received another CPC grant of $256,000 in 2023. CPC grants have also been given to MA cemeteries in Deerfield, Essex, Lenox, Millis, Sudbury, Stow, and Westborough. Most of these cemeteries, including Dennis and Harwich, are town owned and the projects could have been funded within the town’s operating budget rather than with CPC grants. The Brewster Cemetery owned by the Brewster Cemetery Association does not have the option of funding through the Town of Brewster’s operating budget. The project has two major elements: 1. Repairing broken gravestones and resetting gravestones that are leaning and in danger of falling and breaking. The five broken gravestones will be reattached by small metal rods inserted in both broken parts and then sealed together with a state-of-the-art epoxy. The leaning stones will be dug up, new bases will be made where required, and the gravestones will be reset in a vertical position in a mortar mix that is underground and not visible. . Broken Gravestone Leaning Gravestone 2. Cleaning 850 gravestones that are threatened by lichen and other biological growth elements both of which are obscuring the inscriptions. The process of cleaning a stone is labor intensive. Paint stirrers or soft brushes are first used to clean lichen growth off stones. Water is then sprayed on the stone followed by a spraying of D2 biological solution. Next, using soft brushes and water for rinsing, stones are scrubbed. Finally, after the stone is cleaned the D2 biological solution is again applied. It will further clean the stone, aided by rain, over a period of months. The D2 biological cleaner treatments used to clean the stones is in accordance with best practices currently in use in historic cemeteries. It is used in all United States national cemeteries, including Arlington and has been used on the White House and on the Acropolis in Athens. Dirty Gravestone Gravestone Cleaned as a Demo CPA Goals/Criteria: The Brewster Cemetery project meets many of the CPC’s goals and criteria for funding as detailed below: Contributes to the preservation of Brewster’s unique character: The Brewster Cemetery and its historic tombstones contribute to the town’s unique character and preserve and communicate its fascinating history. The earliest stone is that of Rhoda Mayo who died in 1783. She was the eleven-month-old daughter of the town blacksmith Asa Mayo. The Brewster Cemetery is often referred to as the Sea Captains Cemetery given the large number of sea captains buried here. This reflects the importance of the sea to Brewster’s population and economy. At the cemetery’s inception, most men in Brewster made their living from the sea. Scores of sea captains are buried here and the stones tell their stories not only recounting their deaths but also providing insight into their lives. Captain John Lincoln, “died in 1853 on his ship’s passage from San Francisco to Boston” Captain Issac Berry, “lost at sea at age 24” Captain Albert Knowles, “lost at sea on passage from Rangoon to Liverpool in 1870, age 31” Captain Elkanah Winslow, “died in Manzanilla, Mexico in 1851 at the age of 48” Captain Judah Baker, “died and buried at sea in 1853 at the age of 45” Other citizens important to Brewster’s history are also buried here such as, Sarah Augusto Mayo – who along with Mary Louise Cobb garnered support and created the Brewster Ladies Library, starting it in her family’s front parlor at 1772 Main St. Sophia Hopkins – who after the loss of her sea captain husband became a house mother at the Perkins School for the Blind. There she befriended Annie Sullivan and her student Helen Keller. Unbeknownst to many Brewster residents and visitors, during summers Annie and Helen would visit Sophia in Brewster at her home at 1491 Main St. What is believed to be the first photo of Annie and Helen was in fact taken in Brewster, MA. Famous entrepreneurs Albert Crosby and Samuel Nickerson are also buried here. Albert Crosby chose to return to Brewster from Chicago to live out his days in the mansion he built literally around his childhood home, for his second wife, Matilda, buried alongside him in the cemetery. Samuel Nickerson, his wife, son, and daughter in-law, Addie, are buried in the cemetery’s only mausoleum. After a fire in 1906 burned down Fieldstone Hall, the initial mansion Samuel built, Addie Nickerson, Samuel’s daughter in law, rebuilt the beautiful home now known as Ocean Edge. Addie later donated their private game preserve of over 1700 acres to become the first Massachusetts state park, Nickerson State Park, in honor of Addie’s husband Roland Nickerson and her son Roland Nickerson Junior. There are graves of veterans from all of America’s wars in the cemetery including the Revolutionary and Civil War. They are marked every year with flags to honor their service. Because of the cemetery’s unique historic character, The Brewster Historical Society conducts several well attended tours of the Brewster Cemetery throughout the summer and fall. Boosts the vitality of the town: The Brewster Cemetery is a very busy place teaming with vitality. It is the largest and most visited historic cemetery in Brewster and the only one of the Town’s eight older cemeteries that is still private and has not been turned over to the Town for maintenance because of a lack of financial resources. The cemetery is also a tourist attraction and many residents and Brewster tourists daily stroll through the cemetery to see the historic graves, particularly those of Brewster’s Sea captains. Serves more than one of the four CPA purposes: This Historical Preservation Proposal, we believe, also meets the Open Space criteria of supporting multiple active and passive recreational uses and also of preserving scenic views bordering a scenic road. The cemetery is a friendly and interesting place and is used by residents and visitors as a recreational resource. During the spring, summer and fall scores of people daily walk, jog or ride their bicycles in the cemetery because it is a pleasant, tranquil and safe place to exercise. Plus, the view from scenic Lower Road is one of the classic views, like the windmill, that define Brewster. Saves a resource that would otherwise be threatened: The tombstones to be repaired/reset are either broken, leaning such that they are likely to fall and break, or they have become detached from their bases and are in danger of falling and breaking. This second category poses a safety risk if the stone were to fall while someone was leaning on it. The cleaning of the 650 identified gravestones will also preserve the stones. Lichen, which digests the stone over time, and other biological staining are obscuring the inscriptions and the craftsmanship of the carvers. Maintenance: The Brewster Cemetery Association has recently learned from the manufacturer of the D2 cleaning solution and from professional tombstone cleaners that once a thorough cleaning and scrubbing is finished, as detailed in this application, the tombstones, if just sprayed with D2 every three years, should remain clean. The spraying and subsequent rainfall will do the job. If this project is approved, the Cemetery Association will take on the labor and expense of the purchase of D2 cleaning solution for a tri-annual spraying of the tombstones. This means that, assuming this technique is successful, we will not have to ask for tombstone cleaning funding ever again. All the bids are not yet in but we anticipate that this CPC grant request will be in the neighborhood of $65,000 To: Faythe Ellis, Chair of The Community Preservation Commission of Brewster From: The Brewster Historical Commission Re: Application Of Brewster Cemetery Association Date; November 20, 2023 Ladies and Gentleman: The Brewster Historical Commission recently met with The Brewster Cemetery Association regarding the historical importance of the cemetery located on Lower Road in Brewster. The site is listed in records of Massachusetts Historical Commission. It Contains the burial sites of many famous Brewster sea captains and residents including the Nickerson and Crosbys. The Brewster Historical Commission at its meeting on November 14, 2023 found this cemetery to be of great historical significance to the Town of Brewster and duly worthy of review by the Brewster Community Preservation Commission for consideration of CPC funding. Sincerely George Boyd Chair Brewster Historical Commission Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 www.brewster-ma.gov December 18, 2023 Ms. Faythe Ellis, Chair Community Preservation Committee Brewster Town Hall 2198 Main Street Brewster, MA. 02631 Chair Ellis, The Brewster Select Board supports the Brewster Cemetery Association’s application for Community Preservation Act (CPA) funding in connection with its plan to clean 850 gravestones and repair 31 gravestones in the historic section of the Brewster Cemetery. The gravestones in need of cleaning have been significantly darkened by biological growth elements and yellow lichen, and the other remaining gravestones are badly leaning or have broken elements in need of repair. These gravestones are made from white marble and date back to the 1800s. The Brewster Cemetery and its historic gravestones contribute to the town’s unique character and act as a means of communicating its fascinating history. Many sea captains are buried in the cemetery, as well as other figures of historical importance to Brewster. The cemetery is a popular tourist attraction with people visiting daily during the spring, summer, and fall to read the inscriptions on the historic gravestones. The lichen and biological growth elements are darkening the stones and making their inscriptions impossible or very difficult to read. It is important that the gravestones are cleaned so as to be readable once more. After the tombstones have been professionally cleaned, the Brewster Cemetery Association will maintain responsibility of their upkeep by spraying them tri-annually with a biological cleaning agent. The Brewster Select Board supports this plan and hopes you will recommend it for funding. Ned Chatelain, Chair Brewster Select Board Office of: Select Board Town Manager Captains Golf Course 2023 Surplus Equipment List Items to Declare for Sale: 2002 Toro 3500 Sidewinder rough mower – Replaced with new Toro 3300 2 – 2008 Toro MulfiPro 5700 Sprayers – Replaced with new John Deere 300 gal GPS sprayers 2001 Toro 3100 GreensMaster – Replaced with new Toro 3150 greens mower 2002 Toro Aerator, Replaced with new Toro ProCore 648s in 2016 2011 Solo Rider golf cart – Replaced with new Solo Rider in 2022 5 – 275 gallon ferfilizer totes, empty 1 – 100 hp irrigafion pump motor – Damaged by lightning July 2023 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 December 11, 2023 Stephanie Haussmann Crawford Land Management 88 Route 6A #2B Sandwich, MA 02563 RE: Access to Point of Rocks Beach for Sand Nourishment, Crawford Land Management Dear Ms. Haussmann; Permission to utilize the Town’s property at Point of Rocks beach for the purpose of sand nourishment at 351 Point of Rocks Road has been granted to Crawford Land Management of Sandwich, MA. This approval is contingent upon: 1.Access from Point of Rocks beach shall be granted beginning at sunrise on Monday, January 15, 2024 to sunset, Friday, January 19, 2024 for supplying sand to 351 Point of Rocks Road. Access shall be allowed for one excavator, one front-end loader, and one skid steer. 2.The above dates are not subject to change. No extensions will be granted. 3.Permission extends to allow the above listed equipment, including sand, to be stored on the Town’s property. Equipment must be stored behind sawhorses to discourage unauthorized access or vandalism, and Crawford Land Management must ensure the protection of the pavement from the vehicle tracks. The Town warrants no protection or safety for unsupervised equipment or materials stored on Town property. The Town representative may require modifications relating to project activities/staging, including necessary steps to protect the landing during use. If so, said conditions will be provided at the time of the required, pre-work on-site meeting. 4.You are required to maintain access for shell fishermen/pick-up trucks to service their shellfish grants at Point of Rocks beach, as well as residents. 5.Prior to the use of the landing, a minimum eighteen inch (18”) sand cover (exact depth to be determined at the site visit) must be spread over the asphalt pavement in order to protect the integrity of the asphalt. The sand cover, as well as the sand cover to be utilized for beach re-nourishment or to bury any fiber rolls or other permitted sub- surface stabilizing materials, shall be “Mason Grade” sand, compatible in color and Office of: Select Board Town Manager texture to that material which naturally exists on the beach. No work is to be done within thirty-six inches (36”) of the edge of any catch basins, drains or groins. 6.Work shall be coordinated to take place during low tides in order to prevent vehicular equipment traffic over the drainage structures, pipes, groins and/or private property. 7.The contractor shall provide a certificate of insurance that shall certify valid liability insurance coverage in the minimum amount of $1,000,000 throughout the duration of the use of the landing. (received) 8.The contractor shall provide a $10,000 bank check or bond, to be held by the Town as financial assurance of performance and to cover the potential cost of reparations of any damage to the Town’s property. (received) 9.The contractor shall be required to take and provide photographs, taken prior to the start of any construction work, showing the pre-construction conditions of the parking and landing area and the public beach. These photos shall be submitted to the Conservation Department and the Select Board’s Office. 10.All excess sand cover shall be cleared from the landing upon completion of the work and utilized to restore base-line beach profiles, if doing so would be consistent with the Order of Conditions issued by the Conservation Commission in relation to this project. 11.The Town Manager’s office (in addition to the Conservation Commission Office and DPW) shall be notified when “on-site” phase meetings are scheduled. Advance notice of a minimum of 24 hours shall be provided to the Select Board/Town Manager’s Office, the Conservation Commission and the DPW prior to staging and commencement of work. At least one representative from the Town should meet the contractor on-site, prior to commencement to ensure adequate coordination (This meeting still needs to be scheduled before work begins). Please call me at 508-896-3701, x 1129, if you have any questions or need to relay any important information about this project. Sincerely, Conor Kenny Conor Kenny Project Manager Cc: Chris Miller, Director of Natural Resources William Grafton, Conservation Administrator Griffin Ryder, DPW Superintendent Jimmy Jones, DPW Foreman TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION cuBREWSTF.R-MA.GOV Town Landing and Public Beach Access Request Form OFFICE OF CONSERVATION COMMISSION Complete each section below and submit this Request Form to the Office of the Conservation Commission a minimum of 21 days prior to the requested start -date. Access is granted on a first come basis, and only one contractor is permitted the use of any one town landing at any given time. Check boxes are for office use. Town Landing and Public Beach Access Information Town Landing and Beach where access is requested: (4)‘‘,0\-- 6- kOC h S Proposed start and finish dates: 30XVcS\6' Estimated duration of work: L\ CA,�SS Attach a description of proposed work to include vehicles, equipment, and/or materials to be stored on public property overnight. Vehicle registration numbers for any equipment must also be provided. Contractor Information Name of contractor(s) performing work: C,'CQ,UJ 9. ,(Z, . JkG _tm 2nk Phone number for contractor(s): 5o - {�� — k?)t-{(q Email for contractor(s): -01c-0 ® C,c-(W y-cfi.\ v, cowl /3 ec r n. r�Cxnujurtm, C0Pri Address ofcontractor(s): ¶S `1kook. Cc) 4FZot , SG.1\d1-Wi Gh ,lam s O 25 Co3 Property Information Address of property where work is to be performed: 1)5\ PO\r - c KUC\k-S c60.. Property owner(s): (-0 Sgrc Phone number of owner(s): Email of owner(s): Conservation Permit Number for work: SE 9- \`1 -Et -1 Submit Conservation performance bond if applicable under the Orders of Conditions Submit sieve analysis and source information for nourishment sand Submit sieve analysis for existing sand on the property Submit written work notice and "before" photos of the project site TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSER VATI ON@ BRE W STER-MA. GOV OFFICE OF CONSERVATION COMMISSION Attachments Site map for the property where work is to be performed (to include the access route) Copy of abutter's list and notification letter Certificate of Insurance Performance Bond/Bank Check for Use of Town Landing (minimum $10,000) o Funds will be returned upon successful completion of the work Description of proposed work (see Town Landing and Public Beach Access Information) Certified by: `2 Gi �1�41 :9 c ia:.. TOWN OF BREWSTER, MA BOARD OF ASSESSORS 2198 Main Street Brewster, MA 02631 Custom Abutters List Owner Location Mailing Street Mailing City BOSTON Key Parcel ID 617 79-23-0-R (6-7) SHEFF DOUGLAS K 351 POINT OF ROCKS ROAD 63 ATLANTIC AVENUE UNIT 813 James M. Gallagher, MAA Deputy Assessor ST ZipCd/Country MA 02110 618 79-24-0-E (6-7-1) BREWSTER TOWN OF POINT OF ROCKS ROAD 0 POINT OF ROCKS ROAD 2198 MAIN STREET BREWSTER MA 02631 12/4/2023 Page 1 79-23-0-R 79-24-0-E SHEFF DOUGLAS K 63 ATLANTIC AVENUE UNIT 8B BOSTON, MA 02110 BREWSTER TOWN OF POINT OF ROCKS ROAD 2198 MAIN STREET BREWSTER, MA 02631 cim F LAND MANAGEMENT Abutters Notification CALL (508) 477-1346 EMAIL info@ crawfordlm.com MAIL 88 Route 6A,Unit 28 1 Sandwich, MA 02563 December 8, 2023 Project Location: 351 Point of Rocks Road, Brewster DEP File No.: 5E9-1714 To Whom it May Concern, Crawford Land Management is seeking the approval from the Town of Brewster to use Point of Rocks Landing for access to provide nourishment at 351 Point of Rocks Road as permitted in SE- 9-1714. We are sending this letter as a courtesy to let you know that we intend on performing the work beginning in January. Work duration is anticipated to be approximately four days but will be weather dependent. During this time we would be making multiple trips across the beach in front of your property. All work will be completed between normal work hours of 8 a.m. to 5 p.m. If you have any questions or concerns please do not hesitate to contact us. Respectfully, latItz. auSS hAaval Stephanie Haussmann ACCOUNT MANAGER, CRAWFORD LAND MANAGEMENT awfordlm,com ECOLOGICAL RESTORATION I COASTAL STABILIZATION [CONSERVATION PERMITTING LAND AtiAGE E November 28, 2023 T To Whom it May Concern: CALL (508)477-1346 EMAIL info@crawfordlm.com MAIL 88 Route 6A, Unit 28 I Sandwich, MA 02563 Crawford Land Management is seeking the approval from the Town of Brewster to use the public Point of Rock Beach landing as an access point for nourishment as permitted in DEP # SE 9-1714A, to nourish the beach and plant beach grass at 351 Point of Rocks Road. We are sending this letter to let you know that we plan to perform the work in December/January 2023/2024 - or as soon as permissions allow. During this time we would be making multiple trips across the beach. All work will be completed between normal work hours of 8am to 5pm. The anticipated amount of time for the work to be completed is 4 days. Please let us know if you have any questions or concerns. Best, Gretchen Crawford MCL.P OPERATIONS SUPPORT ADMINISTRATOR F LAND MAN AGEM ENT Equipment to be stored on site: Excavator Front End Loader Skid Steer : 508-562-1458 508-477-1346 8retchen acrawford Ir.ct rn awfordlm.com ECOLOGICAL RESTORATION 1 COASTAL STABILIZATION [CONSERVATION PERMITTING 1573 Main Street BENNETT ENVIRONMENTAL ASSOCIATES, LLC Phone: 508-896-1706 Brewster, MA 02631 A Natural Systems Utilities Company Fax: 508-896-5109 LICENSED SITE PROFESSIONALS, ENVIRONMENTAL SCIENTISTS, GEOLOGISTS, ENGINEERS SIEVE ANALYSIS DATA AND COMPUTATION SHEET Date: Job Name: Sample Number: Sample Collected by: Notes: 3/2/2023 Job Sheet Number: Tested by: USCS: SP Coefficient of Uniformity Coefficient of Curvature 1 of 1 Merchant K10740B 1/4" Screened Sand Jacob Guthrie Merchant Sample Sand: 56.42% Silt/Clay: 0.61% D60 - 1.648 D10 - 4.498 D30 - 1.431 = D60/D10 = 0.3663 = D30^2/(D60*D10) = 15.1752 SIEVE OPENING IN MILLIMETERS SIEVE MESH WEIGHT RETAINED IN GRAMS (Cumulative) PERCENT RETAINED (Cumulative) CUMULATIVE PERCENT FINER PROJECT MANUAL SPECIFICATION (USCS) 4.75 4 2.36 2 1.7 1 0.5 0.3 0.25 0.125 0.075 PAN 4 5 8 10 12 18 35 50 60 100 200 PAN 5.1 5.1 4.5 9.6 21.6 31.2 12.1 43.3 18.1 61.4 106.2 167.6 210.0 377.6 86.2 463.8 13.0 476.8 21.9 498.7 1.2 499.9 0.1 500.0 1.02 1.02 0.90 1.92 4.32 6.24 2.42 8.66 3.62 12.28 21.24 33.52 42.00 75.52 17.24 92.76 2.60 95.36 4.38 99.74 0.24 99.98 0.02 100.00 98.98 98.08 93.76 91.34 87.72 66.48 24.48 7.24 4.64 0.26 0.02 0 Course Gravel Fine Gravel Very Fine Sand Coarse Sand Medium Sand Fine Sand Silt/Clay PASSED MESH SIEVE TOTAL Soo loo.00°r° Sample Weight Wet: 500 g Sample Weight Dry: 500 g Percent Moisture: 0.0 % Sample Weight Passed Through Sieves: 500 g 100 90 80 70 60 F 77 2 50 a 40 30 20 10 Course Gravel Fine Gravel Very Fine Gravel Very Course Sand Course Sand Medium Sand Fine Sand Silt/Clay - PAN 200 4 5 8 10 12 18 35 Sieve Mesh 50 60 100 Archive d: Thursday, December 14, 2023 4:09:44 PM From: gunnings@comcast.net M ail re ce ive d time : Thu, 14 Dec 2023 16:18:40 Se nt: Thursday, December 14, 2023 11:18:41 AM To: Erika Mawn president@brewsterhistoricalsociety.org Cc: 'Daley, Paul & Mitzi' Subje ct: RE: Request for fee waiver Importance : Normal Se ns itivity: None Hi Eri ka, Pl e ase fi nd be l ow an ame nde d l e tte r wi th f e e s i ncluded. Thank you, Sall y To the Bre wste r Se l e ct Board, The Bre wste r Histori cal Society has re sponde d to a re que st by Bre wster Conse rvati on Trust and Bre wste r Histori cal Commi ssi on to accept the gi ft of the ci rca 1850 School house # 3, currently l ocated at 2342 Main Stre e t, fl ake and re move i t to the i r Windmil l V il lage si te at 51 Drummer Boy Road and re store the bui l di ng to its circa 1850 school house confi guration. It woul d be made avai l able to the publi c the re and e ducati onal programs woul d be provi de d. BHS vi ews thi s proje ct as a community effort that wil l greatly e nhance Brewste r's hi stori c characte r. With the exce pti on of one hal f-ti me pai d di rector, the 501(3)c non-profit Society i s all vol unteer, wi th a small annual budge t (Approxi mate l y $100,000). Wi th that i n mind, we re que st wai ve r of the f e e s associate d wi th this proj e ct: Stormwate r manage ment permi t $ 50 Bui l di ng pe rmit 682 Demol i ti on permi t 100 Electri cal permi t 250 HDC 200 TOTAL $1282 Thank you, Sall y C. Gunni ng, Pre si dent The Bre wste r Histori cal Society, Inc. 0� of E.OE B9 F9 2 x a O ' N Town of Brewster 2198 Main Street Brewster, MA 02631 www.brewster-ma.gov Phone: (508) 896-3701 Email: brewster@brewster-ma.gov Office of: Select Board and Town Administrator SELECT BOARD POLICY ON WAIVER OF TOWN PERMIT FEES Policy no. 5 Date adopted:10/5/87 Date amended: 8/25/97 Date amended: 4/16/02 Date amended: 12/21/20 A. PURPOSE 1. This policy seeks to create consistent and clear eligibility standards for the reduction or waiver of Town fees. The policy also establishes a standard process by which the Select Board will consider and potentially approve any such request. 2. The Town of Brewster seeks to support events held on Town property that broadly benefit the community, many of which are organized, coordinated, and/or hosted by local non-profit organizations. The Town also actively engages in construction projects that are initiated or coordinated by various Town entities that benefit the community. B. POLICY & ELIGIBILITY 1. Town exemptions. Construction projects initiated, participated in, or sponsored by the Town, including those related to affordable housing, shall be exempt from all applicable licensing and permit fees except electrical and plumbing/gas inspectional service fees. 2. Nonprofit application limits. The Select Board may consider waiver of fees associated with the use of Town facilities by non-profit organizations upon proof of current 501(c)(3) status. Such activity shall be consistent with the applicant organization's mission. Any such waiver amount shall not exceed $1,000 for a particular request/event, nor shall the Board grant waivers in excess of $2,000 per fiscal year to any one entity. 3. Recycling Center waivers. The Select Board may, from time to time, waive certain Recycling Center fees associated with disposal of brush materials after a significant storm event or a Town -sponsored clean-up activity. 4. Public safety/emergency waivers. As a result of a public safety or health emergency, the Select Board may, at their discretion, choose to waive or pro- rate certain fees. 5. Other applications. Requests for waiver from any other Town fees is generally discouraged but may be reviewed on a case -by -case basis. The Select Board's action on any such requests shall not be considered 1 precedential. C. APPROVAL PROCESS 1. Each project/event fee waiver request shall be submitted in writing to the Select Board stating the nature and purpose of such request. 2. The Select Board shall act on a request as soon as practicable. 3. The Select Board's action on any such request shall be final and not subject to appeal. Approved by the Brewster Select Board on December 21, 2020 Ben DeRuyter, Vice Chair 2 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 townmanager@brewster-ma.gov MEMORANDUM TO: Select Board FROM: Peter Lombardi, Town Manager RE: Proposed Purchase & Installation of Gazebos at Brewster Dog Park DATE: December 15, 2023 The Friends of the Brewster Dog Park (FBDP) have generously donated significant funding for numerous amenities at the dog park over the past two years. They are now seeking to solicit funds to purchase and install two (2) 12’ x 16’ gazebos for the park. One would be installed within each enclosure. They would be installed such that they would span the paved walking path and an existing bench. The structural supports of the proposed gazebos are cedar and the roofs are metal. If approved, Aleksandra Mazzeo, a Brewster resident, of Mazzeo Construction, holds a Construction Supervisor License and is willing to donate her labor and services to install these gazebos. These structures represent significant, permanent improvements to the park, so we are seeking Select Board approval prior to the FBDP initiating a fundraising campaign for this purpose. Office of: Select Board Town Manager •4 K:,.. ,a -/ - ��r Page 1 of 4 MEMORANDUM OF UNDERSTANDING This is a Memorandum of Understanding ("MOU"), effective May 24, 2021, by and between the Town of Brewster, MA, a municipal corporation duly established with an address of 2198 Main Street, Brewster, MA 02631 and Friends of Brewster Dog Park, Inc (FBDP), a 501(c)(3) corporation with a principal office at 65 Harmony Lane, Brewster, MA 02631. This Memorandum of Understanding between the Town and FBDP establishes a working agreement between the two parties concerning their respective roles and responsibilities in the creation and maintenance of a proposed off-leash dog park open to the public free of charge (the "Dog Park"). The Dog Park is comprised of approximately 2.4 acres and is located on a portion of Town-owned property located on Harwich Road in Brewster and shown on Assessor's Map 64, Parcel 28 (the “Premises”). The Premises are under the care, custody, and control of the Select Board, are comprised of approximately 41.28 acres, and are more particularly described in a deed to the Town of Brewster, dated 15 August 1995 recorded with Barnstable Registry of Deeds in Book 9799, Page 016. The proposed Dog Park is shown as the "Dog Park Area" on a plan entitled "Brewster Dog Park” prepared for Town of Brewster, dated January 16, 2019 by the Berkshire Design Group, Inc. A copy of the Site Plan is attached as "Exhibit A." The Select Board gratefully acknowledges the critical role the FBDP plays in the development, construction, maintenance, and stewardship of the dog park, and gratefully accepts FBDP's generous offer to help create and maintain the Dog Park through private fund raising and volunteer services. The FBDP gratefully acknowledge the spirit of cooperation the Select Board has displayed by making public land available for such use, for helping to secure sufficient grant and Town funding, and for offering to provide the valuable municipal services described below. The Town and the FBDP share the goal of realizing a well-designed and maintained, no-fee dog park in Brewster that is open to the public. Friends of Brewster Dog Park, Inc The purpose of the FBDP is to support the use of a designated area within the Town of Brewster as an off-leash dog park; to advocate responsible dog ownership; to provide educational resources on dog ownership; to advise the Town of Brewster, the Select Board, and the Town Administrator on matters concerning off-leash dog parks within the Town of Brewster; to provide stewardship for the Brewster Dog Park; and to raise and administer funds received for the establishment of, maintenance of, and improvements to the off-leash dog parks in the Town of Brewster. General Terms and Conditions The FBDP agrees to: Manage day-to-day operations of the Dog Park with appropriate Town involvement and oversight, utilizing volunteer Stewards to monitor the Dog Park on a daily basis. Involvement of community members is intended to increase acceptance of the Dog Park and help minimize problems; Doc ID: 46582ddb7cdbef1fa7ce57040c5cc890de73ebe6 Page 2 of 4 Assist in maintaining the Dog Park area by helping to keep the site clean and free of dog waste and by stocking dog waste dispensers; Share in the overall daily maintenance of the Dog Park in coordination with Town Departments as follows: o Spray / hose down equipment, furnishings, trash receptacles (FBDP / DPW) o Inspect fence for damage (FBDP / DPW) o Inspect gates and locking mechanisms (FBDP / DPW) o Inspect equipment and amenities (FBDP / DPW) o Inspect and test water fountains to ensure they are operating properly (FBDP/ DPW / BWD) Provide appropriate educational instruction and stewardship at the Dog Park in coordination with the Animal Control Officer; Intend to provide dog waste bags through in-kind donation or direct payment to the vendor at no cost to the Town; Intend to provide waste removal services through in-kind donation or direct payment to the vendor at no cost to the Town; Intend to provide seasonal portable restroom facilities, including service and scheduling as directed by the Town and consistent with other Town facilities, through in-kind donations or direct payment to vendor at no cost to the Town; Pledge a minimum initial monetary contribution of fifty thousand dollars ($50,000.00) to purchase all add alternates listed in the Town’s bid documents dated Febru ary 2021; Shall thereafter actively conduct fundraising activities with a goal to supplant any reduction or elimination of in-kind donations originally secured and/or to maximize FBDP’s ability to contribute to future capital costs associated with continued investment in the Dog Park facility; Shall not permit any mechanics liens, or similar liens, to remain upon the Premises for labor and materials furnished or claimed to be furnished in connection with work of any character performed or claimed to have been performed at the direction of the FBDP, and FBDP shall cause any such lien to be released of record forthwith without cost to the Town; During the exercise of the rights hereby granted, the FBDP shall conduct itself so as not to unreasonably interfere with the operations of the Town, and to observe and obey applicable laws, statutes, bylaws and regulations and permitting or licensing requirements. The FBDP shall comply with reasonable rules and regulations issued by the Town, including without limit, rules regulating the hours of operation of the Dog Park; Agrees that any contractor engaged to perform work at the Premises on behalf of FBDP shall carry liability insurance naming the Town as an additional insured in amounts reasonably satisfactory to the Town and workmen's compensation insurance as required by law, and FBDP agrees to indemnify and hold harmless the Town from any liability relating to work performed at the Premises at the request of the FBDP. Doc ID: 46582ddb7cdbef1fa7ce57040c5cc890de73ebe6 Page 3 of 4 The Town of Brewster agrees to: Cause the construction of the Brewster Dog Park in a manner consistent with the January 16, 2019 Site Plan prepared by Berkshire Design Group, Inc, 4 Allen Place, Northampton, MA 01060 and all associated bid and contract documents, provided that Community Preservation Act appropriations for the Brewster Dog Park are approved by Brewster Town Meeting. The Town will be responsible for all contract administration and general project oversight; Provide water service (including tap, curb stop, and box, meter, meter pit and water service) to the location on the Premises. The meter will be read but not billed. Provide snow removal from the driveway leading to the Dog Park and the associated parking area. The Town will make best efforts to use dog friendly snow melt products in the Dog Park area; Provide leaf removal from the Dog Park area equivalent to the services provided in other Town parks; Provide basic landscaping services such as weeding, filling holes, etc., with assistance from FBDP as appropriate and necessary; Repair or replace, or oversee such repair or replacement of, appurtenances, structures, or fixtures as appropriate and necessary; Grant FBDP access to the Dog Park area for the purpose of exercising its rights and performing its obligations hereunder; Coordinate with FBDP in planning for any capital purchases or site improvements. Preparation and submission of grant applications, Community Preservation Act applications, or other such similar activities shall require the prior written approval of the Select Board or its designee. Installation of any structure, fixture or appurtenance shall require the prior written approval of the Select Board or its designee; Promulgate and enforce rules and regulations regarding Dog Park operations, and secure all necessary and applicable permitting approvals for signage outlining such rules and regulations, such signage to be approved by the Select Board or their designee; Institute changes to applicable Town policies and/or by-laws as necessary to support an off-leash Dog Park facility; Assign the Town Administrator or designee to serve as a liaison between the FBDP and Select Board; In the event the Town determines that the Dog Park area is no longer available for such use, the Town will work with FBDP to locate an alternative site and, if an alternative site is secured, will provide assistance relocating all appurtenances, structures, and fixtures from the Dog Park area to such alternative site; Doc ID: 46582ddb7cdbef1fa7ce57040c5cc890de73ebe6 Page 4 of 4 Reserve the right to use the access driveway and parking area for other public uses at the Premises and/or to relocate the access driveway and parking area as necessary. Termination This MOU may be terminated by either party without cause upon sixty (60) days prior written notice. Best efforts will be made by both parties to provide greater advance notice should such termination be effected. Modification and Amendments Modification and amendments to this MOU shall be in writing and duly executed by the parties hereto to be effective. No Estate Created This MOU shall not be construed as creating or vesting in the FBDP or any other party any estate in the Premises or portion thereof, but a limited right of access for the purpose as herein stated. Brewster Select Board Friends of Brewster Dog Park, Inc _______________________________ ______________________________ Mary Chaffee, Chair Carmen S. Scherzo, DVM, President ______________________________ ______________________________ Ben DeRuyter, Vice Chair Date ______________________________ Edward Chatelain ______________________________ David Whitney ______________________________ Cynthia Bingham ______________________________ Date 5/24/2021 5/24/2021 Doc ID: 46582ddb7cdbef1fa7ce57040c5cc890de73ebe6 BREWSTER COMMUNITY POOL 2023 RECAP & 2024 RECOMMENDATIONS Town of Brewster, Massachusetts December 18, 2023 2023 POOL PLANNING CONSIDERATIONS Year 1 Strategy: Keep things simple Gather data to evaluate for future planning Recognize Constraints: Financial Staffing (currently 1 full-time employee managing both properties) Capacity Time Government procurement (purchasing & contracting) regulations Lack of in-house pool operating experience 12/18/2023 2 POOL SEASON & SCHEDULE Town’s Approach to 2023 Ribbon Cutting: June 25, 2023 Pool Opening: June 26, 2023 Pool Closing: August 20, 2023 Hours of Operation 7 days/week 7AM to 6PM (closed Wednesday morning for chlorine treatment) Same as First Light Beach access (open 1 hour earlier than 2022) Town’s Recommendation for 2024 Pool Opening: June 15, 2024 Pool Closing: August 18, 2024 Extend season by at least one week Hours of Operation 7 days/week Open 1 hour earlier: 6AM to 6PM (closed Wednesday morning for chlorine treatment) Offer private pool rentals on Friday and Saturday evenings (6-8PM) 12/18/23 3 ELIGIBILITY TO USE THE POOL Town’s Approach to 2023 Brewster residents only Same eligibility as beach permits Same model as First Light Beach Would minimize operational impacts of managing property access Would allow Town to gather data on demand & use to guide pool operations going forward Town’s Recommendation for 2024 Brewster residents only, and… Allow non-resident Town/School employees to purchase passes as well Similar benefit currently in place for beach permits, shellfish permits, and Recycling Center permits Potential revenue increase without opening it broadly to non-residents 12/18/23 4 POOL PROGRAMMING Town’s Approach to 2023 Exclusive lap swim until 8AM & keep 3 dedicated lap swim lanes all day Water aerobics classes from 8 to 9 Swim lessons from 9 to 11 NYA from 11 to 12 on Wednesday AM Collected data on 2-hour increments - only reached 100 swimmer capacity once on last day of season Town’s Recommendation for 2024 Retain similar schedule except starting lap swim 1 hour earlier Expand swim lesson classes/options Remove pool membership requirement for swim lesson participants Add more water aerobics classes 12/18/23 5 START-UP POOL FINANCING Fall 2022 Town Meeting approved: New revolving fund to manage pool revenues & expenses Will keep pool budget separate & self-sustaining $200,000 for community pool start up costs, equipment, supplies, operations & maintenance $250,000 for creation of pool parking lot 12/18/23 6 2023 POOL EXPENSES $100,676 in 2023 operating expenses* ($125k estimated) $69,351 in Year 1 start-up expenses ($75k estimated) $29,972 balance in start-up funds (already allocated to cover offseason capital) $32,258 balance in pool parking lot funds ($150,000 reappropriated to Millstone Road Improvement Project at Fall 2023 Town Meeting) – project cost less than $70k due to smaller scope and DPW in-house services * Does not include gatekeepers who checked residency status for First Light Beach and Brewster Community Pool (~$40k from American Rescue Plan Act funds) & offseason hours of new part-time Recreation Dept Administrative Asst 12/18/23 7 2023 POOL REVENUES $113,115 in total revenues $109,775 current balance in pool revolving fund Pool membership details: 301 families 84 individuals 90 individuals + 1 91 seniors 123 seniors +1 352 guest passes 183 drop-ins 12/18/23 8 FEE STRUCTURE Town’s Approach to 2023: Individuals: $100 Individuals + 1: $150 Families: $200 Seniors: $75 Senior +1: $125 Drop-ins (4 days): $5/each Up to 20 guest passes: $5/each Town’s Recommendation for 2024: Keep same fee structure Increase maximum number of guest passes to 25 per membership Registration will be managed by Recreation Department through MyRec online platform $250 for private pool rentals (2 hours) 12/18/23 9 CLOSING THOUGHTS Success of 2023 was a team effort! Consistently positive feedback from residents about facility, program, and staff Fully staffed for 2023 and set up for success in 2024 Recommended 2024 program would not require additional staffing New pool furniture will be 2024 bonus 12/18/23 10 THANK YOU! Questions? 12/18/23 11 1 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Opening the Bay Property Pool: Information & Public Input Session Bay Property Planning Committee Town of Brewster January 17, 2023 Cape Cod Sea Camps 2 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Welcome Agenda Bay Property Planning Committee Bay Property Pool Possible Pool Season & Activities Pool Financing Eligibility to Use the Pool Revenue and Fees Operating the Pool Property Access & Temporary Parking Pool Opening Milestones Public Comment & Questions Cape Cod Sea Camps 3 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Near unanimous vote of nearly 1,500 voters Set town meeting attendance record Bay Property was acquired for: Habitat & watershed protection Open space Conservation Passive & active recreation Community housing and/or General municipal purposes Oct. 5, 2021: Special Election (Ballot Question) Approved by 87% (3,272 votes cast) Nov. 24, 2021: Town of Brewster purchase Town of Brewster Brewster Town Meeting Sep. 26, 2021 Acquisition of the Cape Cod Sea Camps Sep. 26, 2021: Special Town Meeting voters approved Sea Camps acquisition 4 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Bay Property Planning Committee COMMITTEE POSITION NAME Chair & Vision Implementation Committee Representative Amanda Bebrin Vice Chair Katie Miller Jacobus Clerk Karl Fryzel Member/Select Board Rep.Mary Chaffee Member/Select Board Rep.Ned Chatelain Member Caroline McCarley Member John Phillips Member Clare O’Connor Rice Member Peter Johnson Recreation Commission Rep. Thomas Wingard Natural Resources Commission Representative Patricia Hughes Alternate Allyson Felix Town Staff Peter Lombardi Voting Members Non-voting Liaisons & Representatives ROLE Finance Committee Liaison Open Space Committee Liaison Council on Aging Liaison Affordable Housing Trust Liaison Cultural Council Liaison Mass. Audubon Representative YMCA Cape Cod Representative Brewster Conservation Trust Representative 5 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Bay Property Committee Purposes Short-term Uses Open First Light Beach: Done Arts & cultural events: Ongoing Recreation & sports activities: Ongoing Open Bay Property pool Long-term Uses Engage public throughout planning process Create a proposal for future uses Present long-term plan to Town Meeting for voter consideration & approval The Committee’s Primary Purposes: Determine Bay Property existing conditions Evaluate short-term public access opportunities Engage the public to gather input & build consensus Propose recommended long-term uses 6 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 The Bay Property Pool Location The pool area is located on the eastern edge of the Bay Property.Bay Parcel Pool Area Keen Summit Partners Town of Brewster Spruce Hill Area Entrance 7 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 The Bay Property Pool (Part 1) The pool area contains three structures all built in 2009. Pavilion The Pool Pool House *The pool is covered in this photo. 8 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 The Bay Property Pool (Part 2) Pool House contains: 2 bathrooms Office Mechanical & equipment rooms Pavilion (open air structure) 40 x 60 feet Roof over concrete slab Solar panels (generate power for pool operations) Current pool parking: 4 spaces BSI Builders Sys t em Inc Cape Cod Sea Camps The Pool House The Pavilion 9 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 The Bay Property Pool (Part 3) Lanes : 75 fee t long (25 yards) 42 feet wide 40 fee t wide 30 feet wide 3 feet deep 9 feet deep 4 feet deep 10 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 The Bay Property Pool (Part 4) Water system: Chlorine Deck surface: Concrete Last used: Summer 2020 Lap lanes: 6 lanes Pool capacity: Up to 271 persons (150 typical) Water temperature: Camp heated pool to 84 degrees Pool access points: 4 ladders, 1 stairs, 1 ADA compliant lift Current state: Winterized; has been maintained by property manager Lights: Lights on buildings but not in pool; camp did not use pool after dark Cape Cod Sea Camps 11 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 2023 Pool Planning Considerations Year 1 Strategy: Keep things simple Gather data to evaluate for future planning Recognize Constraints: Financial Staffing (currently 1 full-time employee managing both properties) Capacity Time Government procurement (purchasing & contracting) regulations Lack of in-house pool operating experience Hermiston, OR 12 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Potential Pool Season & Schedule Tentative Summer 2023 Season* Pool Opening: July 1, 2023 at latest Pool Closing: At least mid-August (Labor Day if adequate staff) Potential Hours of Operation 7 days/week 8AM to 6PM (closed 1 weekday morning for chlorine treatment) Same as First Light Beach access MustDoBrisb ane.co m * May incrementally increase in future years, but is generally consistent with other Massachusetts town pools 13 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Possible Pool Activities (Year 1) Possible Pool Uses Open swim: Pool open to all ages* Lap swim: Drop-in or reserved Aquatics classes Reserved use periods (potential revenue) Youth Swim Lessons Town suggests moving swim lessons to the pool from Long Pond Town Events Family fun events Recreational “Olympics” day GreataerLousivilleYMCA Annapolis.gov 14 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Possible Pool Activities (Years 2+) Future Activities to Consider (Dependent on Resources) Low impact exercise classes High intensity exercise classes Masters swim program Adult swim lessons Adaptive swim classes (for individuals with disabilities) Chica go Park District 15 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Eligibility to Use the Pool Town’s Recommendation for Year 1: Brewster residents only* Same model as First Light Beach Would minimize operational impacts of managing property access Would allow Town to gather data on demand & use to guide pool operations going forward Edward Barber *Same eligibility as beach permits 16 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Pool Financing Nov. 14, 2022–Town Meeting voters approved: Revolving fund to manage pool revenues & expenses Will keep pool budget separate & self-sustaining $200,000 for community pool start up costs, equipment, supplies, operations & maintenance $250,000 for creation of pool parking lot 17 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Pool Fees Overview Examples of other Town services supported by user fees: Captains Golf Course Recycling Center Beach access Shellfishing Recreation programs Other Potential Revenue Sources Class/activity fees Rental revenue Non-resident passes (years 2+) Key Question: Should the pool be completely self-supporting (through membership fees, class fees & other revenue) or should resident tax dollars be used to help keep fees lower for users? Captains Golf Course 18 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Pool Membership Fees Suggested Year 1 pool fees: To cover estimated operating expenses (consistent with other MA town pools): Individual membership:$100 Family membership*:$200 Senior membership:$75 Revenue implications: If 300 memberships in each of these 3 categories are purchased $112,500 revenue Estimated Year 1 operating costs $125,000 “Test Swim” opportunities Scheduled “test swim” days: $5 *Family membership defined as all household members 19 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Drop-in Fees & Guests (Year 1) Many town pools offer drop-in and/or daily fee options: 1. Residents purchase a one-time day pass instead of registering for a full membership 2. Residents bring accompanied non-resident guests for a small fee Both options present a host of operational challenges & could put much greater demand on pool use Brewster could offer these options on several select days throughout the summer to gather data & inform best approach in Years 2+ 20 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Other Local Pool Fee Models Demand for the Brewster Community pool is unknown 2023 operations will provide useful data to plan the future Other Brewster Pool Fees: Ocean Edge Resort 2 indoor/3 outdoor pools $40,000 initiation fee + $8,500 annual fee Brewster Green Resort 1 indoor/1 outdoor pool Must buy timeshare + $1,000 annual fee The Woodlands 1 indoor pool 1-month fee: $80 4-month fee: $275 1-year fee: $700 * Only open to age 55+ 21 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Operating the Pool:Possible Partnerships Opening the pool in 2023 will be challenging without help. Brewster would benefit from working with an experienced partner like the YMCA of Cape Cod who can provide certain services Town has had discussions with YMCA about a possible partnership Will need at least 10-12 lifeguards, depending on season and hours of operation; it’s difficult hiring lifeguards at this time –YMCA could assist Town’s Sea Camps Property Manager is a Certified Pool Operator Partnership with YMCA would require a government procurement process (Request for Proposals) 22 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Bay Property Summer Access Proposed Summer 2023 Bay Property Travel Routes: One travel loop to & from First Light Beach parking One travel loop to & from pool parking Brewster beach vehicle permit will be required to access the Bay Property for both beach & pool 23 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Pool Parking As a Camp Pool: No need for a vehicle parking area Campers walked to the pool As a Town Pool: Almost all pool users will need vehicle parking ADA-compliant handicapped parking is required A safe drop-off area is needed Safe vehicle flow is needed–must be coordinated with beach access Cape Cod Sea Camps Cape Cod Sea Camps 24 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Year 1 Temporary Pool Parking Propose to resurface tennis courts adjacent to the pool as a temporary measure (while long-term plans for the entire property are created) Expect to create 32 new spaces & 4 handicapped parking spots in this area Will evaluate optimal size & location of permanent parking area after 1 or more seasons of use Will require some stormwater management measures Aim to avoid tree removal as much as possible Overflow parking will be between the white administration building & athletic fields 25 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Pool Opening Milestones To open the pool in summer 2023, we need to: 1. Identify desired season, hours, & programs 2. Determine staffing model to support proposed program 3. Develop/issue Request for Proposal (RFP) for pool management & award bid/contract 4. Determine fee structure 5. Adopt pool regulations 6. Procure pool equipment 7. Prepare pool parking 8. Prepare pool water 26 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 What Do You Think? What are your priorities for Year 1? What about for Years 2+? What programs would you like offered? Should pool membership fees cover all operating costs? Should the Town seek revenue opportunities like rentals of the pool facility? Other comments or questions? 27 Bay Property Planning Committee Bay Property Pool Public Forum–Jan. 17, 2023 Thank You The Bay Property Planning Committee appreciates your participation! Questions/comments can be sent to the Committee: bppc@brewster-ma.gov **MEMORANDUM** TO: Brewster Select Board FROM: Jay Packett, Golf Director of Operations DATE: December 12, 2023 RE: Captains Golf Course 2024 Daily Fee schedule Attached is the proposed daily fee rate schedule for the 2024 season for the Captains Golf Course. The Golf Commission discussed and voted to recommend the rate changes included in this packet for daily fees and cart fees. As the 2023 season progressed, it became increasingly clear that the cost to run the golf course will continue to rise. Many of the products used to maintain the great course conditions will cost more in 2024. In order to cover these additional costs and keep a healthy Retained Earnings balance for Capital Projects, an increase in fees is needed. The five-year financial forecast was reviewed and updated and a 5% rate increase in in green fees and a 8% increase in cart fees was determined to be the amount that will be needed. This rate schedule was voted on and passed unanimously by the Brewster Golf Commission at their meeting on December 12, 2023. I request that the Select Board approve this rate schedule. CAPTAINS GOLF COURSE - RATES GREEN FEES: 2024 Rates 2023 Rates January 1st thru March 29th Everyday - 18 hole green fee $ 47.00 $ 47.00 After 1:00 p.m. everyday - twilight green fee $ 31.00 $ 31.00 Back 9 everyday - available for the 1st hour and a half $ 31.00 $ 31.00 Junior green fee (under 18 years old) - after 1:00 p.m. $ 5.00 $ 5.00 March 30th thru April 21st Friday thru Sunday - 18 hole green fee $ 65.00 $ 62.00 Monday thru Thursday - 18 hole green fee $ 55.00 $ 52.00 After 1:00 p.m. everyday - 18 hole green fee $ 55.00 $ 52.00 After 3:00 p.m. everyday - twilight green fee $ 38.00 $ 36.00 Back 9 everyday - available for the 1st hour and a half _ $ 38.00 $ 36.00 Junior green fee (under 18 years old) - after 4:00 p.m. $ 5.00 $ 5.00 April 22nd thru May 27th Friday thru Sunday - 18 hole green fee (and Memorial Day) $ 84.00 $ 80.00 Friday thru Sunday 1:00 pm to 3:00 pm $ 60.00 $ 57.00 Friday thru Sunday After 3:00 pm $ 44.00 $ 42.00 Friday thru Sunday Back 9 - available for the 1st hour and a half $ 44.00 $ 42.00 Monday thru Thursday - 18 hole green fee (except Memorial Day) $ 65.00 $ 62.00 Monday thru Thursday after 1:00 p.m. $ 55.00 $ 52.00 Monday thru Thursday after 3:00 p.m. _ $ 38.00 $ 36.00 Monday thru Wednesday Back 9 - available for the 1st hour and a half $ 38.00 $ 36.00 Junior green fee (under 18 years old) - after 4:00 p.m. $ 5.00 $ 5.00 May 28th thru June 28th Friday thru Sunday - 18 hole green fee _ $ 84.00 $ 80.00 Friday thru Sunday 1:00 pm to 3:00 p.m. $ 60.00 $ 57.00 Friday thru Sunday After 3:00 pm $ 44.00 $ 42.00 Friday thru Sunday Back 9 - available for the 1st hour and a half $ 44.00 $ 42.00 Monday thru Thursday - 18 hole green fee $ 65.00 $ 62.00 Monday thru Thursday 1:00 pm to 3:00 pm $ 55.00 $ 52.00 Monday thru Thursday after 3:00 p.m. $ 38.00 $ 36.00 Monday thru Wednesday Back 9 - available for the 1st hour and a half $ 38.00 $ 36.00 Junior green fee (under 18 years old) - after 4:00 p.m. $ 5.00 $ 5.00 June 29th thru September 2nd 18 hole green fee - everyday before 9:00 a.m. $ 90.00 $ 85.00 18 hole green fee - everyday 9:00 a.m. - 2:00 p.m. $ 82.00 $ 78.00 18 hole green fee - everyday 2:00 p.m. - 4:00 p.m. $ 60.00 $ 57.00 After 4:00 p.m. everyday - twilight green fee $ 44.00 $ 42.00 Back 9 everyday except Thursday - available for the 1st hr and a half $ 44.00 $ 42.00 Junior green fee (under 18 years old) - after 5:00 p.m. $ 5.00 $ 5.00 September 3rd thru October 14th Friday thru Sunday - 18 hole green fee (and Columbus Day) $ 84.00 $ 80.00 Friday thru Sunday 1:00 pm to 3:00 p.m. $ 60.00 $ 57.00 Friday thru Sunday After 3:00 pm $ 44.00 $ 42.00 Friday thru Sunday Back 9 - available for the 1st hour and a half $ 44.00 $ 42.00 Monday thru Thursday - 18 hole green fee (except Columbus Day) $ 65.00 $ 62.00 Monday thru Thursday 1:00 pm to 3:00 pm $ 55.00 $ 52.00 Monday thru Thursday after 3:00 p.m. $ 38.00 $ 36.00 Monday thru Wednesday Back 9 - available for the 1st hour and a half $ 38.00 $ 36.00 Junior green fee (under 18 years old) - after 4:00 p.m. $ 5.00 $ 5.00 October 15th thru October 27th Friday thru Sunday - 18 hole green fee $ 65.00 $ 62.00 Monday thru Thursday - 18 hole green fee $ 55.00 $ 52.00 After 1:00 p.m. everyday - 18 hole green fee $ 38.00 $ 36.00 Back 9 everyday - available for the 1st hour and a half $ 38.00 $ 36.00 Junior green fee (under 18 years old) - after 2:00 p.m. $ 5.00 $ 5.00 October 28th thru December 31st _ Everyday - 18 hole green fee $ 50.00 $ 47.00 After 1:00 p.m. everyday - twilight green fee $ 33.00 $ 31.00 Back 9 everyday - available for the 1st hour and a half $ 33.00 $ 31.00 Junior green fee (under 18 years old) - after 1:00 p.m. $ 5.00 $ 5.00 RIDING CARTS Daily Fee Player 18 Hole Cart - single rider $ 25.00 $ 23.00 Daily Fee Player 9 Hole Cart - single rider _ $ 15.00 $ 14.00 Annual Fee Player 18 Hole Cart - single rider $ 20.00 $ 18.00 Annual Fee Player 9 Hole Cart - single rider $ 10.00 $ 10.00 PULL CARTS 18 holes $ 8.00 $ 5.00 9 holes $ 5.00 $ 3.00 DRIVING RANGE Warm-up bucket (15 balls) $ 3.00 $ 3.00 Small bucket (35 balls) $ 6.00 $ 6.00 Large bucket (70 balls) $ 10.00 $ 10.00 Debit card (5 small buckets) $ 22.00 $ 22.00 Debit card ($100 worth of range balls) $ 60.00 $ 60.00 Debit card ($200 worth of range balls) $ 100.00 $ 100.00 Junior bucket (16 yrs. & under - limit 1 bucket per junior) $ 2.00 $ 2.00 RENTAL CLUBS $ 50.00 $ 50.00 ANNUAL FEE PLAYER PASSES Brewster Adult Resident and/or Real Estate Taxpayer categories: Early Start - may play anytime/any day _ $ 1,300.00 $ 1,300.00 Morning - may play after 9:00 a.m. in prime season/anytime in non -prime season (see app.) $ 990.00 $ 990.00 Twilight - may play beginning one hour prior to the start of the Twilight green fee rate $ 540.00 $ 540.00 Brewster Resident Collegiate (19 - 25 years old) $ 450.00 $ 450.00 Brewster Resident - Junior (12 - 18 years old) $ 204.00 $ 204.00 Non -Resident Categories _ Charter Non -Resident (Renewals only) _ $ 1,805.00 $ 1,805.00 Non -Residents - Individual $ 2,165.00 $ 2,165.00 Non -Residents - Twilight $ 800.00 $ 800.00 Non -Residents - Collegiate (19 - 25 years old) $ 650.00 $ _ 650.00 Jr. Non -Resident (12 - 18 years old) $ 204.00 $ 292.00 RATES ARE SUBJECT TO CHANGE WITHOUT NOTICE **MEMORANDUM** TO: Brewster Select Board FROM: Jay Packett, Golf Director of Operations DATE: December 12, 2023 RE: Non -Resident Memberships After a discussion with the Golf Commission and myself it was decided that we would like to offer an additional twenty-five non-resident memberships for the 2024 season. The Golf Commission voted unanimously to approve this recommendation at their November 28, 2023 meeting. I appreciate your consideration and would be happy to discuss further. CAPTAINS GOLF COURSE FINANCIAL FORECAST FISCAL YEARS 2025-2029 Peter Lombardi, Town Manager Mimi Bernardo, Finance Director Donna Kalinick, Assistant Town Manager Jay Packett, Director of Golf Town of Brewster, Massachusetts December 12, 2023 Background •Golf Department transitioned to a fully self-funded Enterprise Fund as of July 1, 2022 (FY23) •Finance Team, Golf Director, and Golf Commission created a 10-Year Capital Plan and 5-Year Financial Forecast for the Golf Department in FY24 •Startingin2023, rate setting is based on the annually updated Financial Forecast and long-term Capital Planto ensure futureyear projected revenues alignwith estimated expenses and to create consistency in annual rate increases 12/12/2023 2 Budget Presentation Award •Brewster Finance Team received the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for our FY24 budget •Award represents a significant achievement by the Town -it reflects the commitment of the Select Board and staff to meeting the highest principles of governmental budgeting •Finance Team had to satisfy nationally recognized guidelines for effective budget presentation •These guidelines are designed to assess how well an organization's budget serves as: - a policy document - a financial plan - an operations guide - a communications device 12/12/2023 3 Overview of FY24 Budget •Total FY24 Budgeted Expenses increased by 8% over FY23 (including $350k transfer to Capital Stabilization), based on a variety of budgetary pressures •Personnel expenses increased by about 12%, including the new full-time Business Manager position. •Indirect charges were reviewed and fully accounted for, increasing by 3%, with $211,619 being transferred to the General Fund to cover these overhead expenses •Golf Department pays for its share of OPEB, Retirement, Health Insurance and related benefits (fully self- supporting) 12/12/2023 4 Overview of FY24 Budget(cont’d) •Significant deferred capital continued to be addressed, as the new Capital Stabilization Fundbalance was increased to $750k to start FY24 •$350k was appropriated at Fall 2023 Town Meeting to help pay for a portion of the clubhouse windows and doors project •Current Golf Capital Stabilization Fund balance is $424,374 •Membership fees were increased on April 1, 2023 (4% average increase) - rates were set based on FY24-FY28 Forecast •Timingof rate increases should help maintain healthy Retained Earning balances •Actual revenues continue to exceed projections ($723k in FY23) 12/12/2023 5 FY25-29 Budget Forecast: Revenue Assumptions •Revenues were calculated to offset any future deficits, resulting in the following recommended rate increases: •FY25 5% (includes 50% of 25 new non-members) •FY26 6% •FY27 7% •FY28 7% •FY29 7% •Proposed rate increases are exactly inlinewithlast year’s forecast except thatFY28 isnow set to increase by 7% instead of 5% (largely due to higher capital costs) •Assumes overall membership totals remainrelatively constant (except for adding new non-members in FY25) 12/12/2023 6 FY25-29 Budget Forecast: Revenue Assumptions (cont’d) •Cart Rates increase 8+% in FY25, then 5% in FY26+ •Capital Stabilization funds are assumed to help cover the debt payments in FY27 ($250k) and FY28 ($100k) to smooth rate increases and avoid deficits •Solar Revenues •$20+k to General Fund for Energy Manager •$70+k balance to Golf Department •Restaurant Revenues - $50k 12/12/2023 7 FOR ILLUSTRATIVE PURPOSES12/12/2023 Revenue Overview 8 FY25-29 Budget Forecast: Expense Assumptions •FY24 Expenses were reviewed by line item and adjusted based on current conditions – increasing by about 4.6% on average, including select targeted increases for items such as electricity, fuel and some materials that are particularly volatile right now and other anticipated expense drivers (eg. 20% increase in cart lease payments in 2nd half of FY25) •Consistent with the General Fund Financial Forecast, the following assumptions were applied to major cost drivers: •Personnel 2.5% COLA, plus contractual steps in FY25-29 •Pension 11% (FY25), 10% (FY26-27), & 9% (FY28-29) •Health Insurance 4% in FY25-FY29 •Indirects 5% in FY25-29 •No staffing changes proposed in FY25–29 12/12/2023 9 FOR ILLUSTRATIVE PURPOSES12/12/2023 Expense Overview 10 FY25-29 Forecast: Capital Debt Assumptions •Golf Irrigation Project: $8.5M in Long Term Debt with 4% interest (20-year loan) •Debt payments of $625k to start in FY27 •Maintenance Building Project: $4M in Long Term Debt with 4% interest rate (20-year loan) •Debt payments of $325k to start in FY25 12/12/2023 11 FY25-29 Budget Forecast Implications •Estimated FY25 Golf revenue totals: $4,958,705 •Projected FY25 Golf Fund operating appropriations: $4,783,470 •Estimated available FY25 capacity: $175,235 (3.7% of annual operating budget) •Annual rate increases must be 5+% for the Enterprise Fund to remain solvent in FY25+ 12/12/2023 12 13 12/12/2023 Revenue & Expense Overview FOR ILLUSTRATIVE PURPOSES FY25-29 Capital & Reserves •Retained Earnings Balance as of July 1, 2023: $2,105,819 •$1.7M was authorized for capital at Fall 2023 Town Meeting •Current Retained Earning Balance after FY24 capital:$755,819 •10 Year Capital Improvement Plan assumes about $1.3M in annual capital expenses •Starting in FY27, debt payments for two major capital projects account for about 75% of all annual capital investment •Based on forecast year-end totals, reserves may not be able to cover additional capital needs -revenues, expenses (operating & capital), and reserve balances all need to be monitored closely in FY25+ •Town’s Free Cash/Financial Reserves Policy recommends 5-7% of operating budget annually be put aside with no less than 2-2.5% remaining after capital expenses paid out 12/12/2023 14 12/12/2023 Golf Capital Improvement Plan FY24 - 28 15 Capital Needs:FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Equipment Replacement 350,000$ 400,000$ 400,000$ 400,000$ 350,000$ Pump House Feasibility 100,000$ Irrigation System - All Holes 625,000$ 625,000$ Irrigation System Construction Management 100,000$ 100,000$ Maintenance Building Design 400,000$ Maintenance Facility Upgrades 300,000$ 300,000$ 300,000$ 300,000$ Maintenance Facility Construction Management 175,000$ Cart Barn Painting 15,000$ Main Course Irrigation Well Reconditioning 100,000$ Driving Range Well Reconditioning 50,000$ Sink Hole Repair 20,000$ Cart Path Improvements 120,000$ Tee Box Improvements 20,000$ 20,000$ 20,000$ 20,000$ Clubhouse Painting 50,000$ Clubhouse Roof Replacement 125,000$ Pro Shop Furnishings 25,000$ Clubhouse Window & Door Replacement Additional Costs Windows and Doors 700,000$ Kitchen Equipment Replacement 15,000$ 15,000$ 15,000$ Clubhouse Surroundings Improvements & Theme Enhancements 10,000$ 10,000$ 10,000$ 10,000$ Driving Range Improvements 15,000$ 75,000$ Total Planned Capital Improvements 1,700,000$ 1,010,000$ 1,065,000$ 1,475,000$ 1,435,000$ Questions & Answers 12/12/2023 16 TOWN OF BREWSTER DEPARTMENT OF NATURAL RESOURCES 1657 MAIN STREET BREWSTER,MA 02631 PHONE:(508)896-4546 SHELLFISH@BREWSTER-MA.GOV Memo: To: Peter Lombardi From: Ryan Burch Date: 12/15/23 Re: Senior non-commercial shellfish rules and regulations The current non-commercial shellfish rules and regulations fail to address certain scenarios that were not contemplated when the senior shellfish permit was first created. Because the senior shellfish permit was never defined within the non-commercial shellfish rules and regulations, there are situations that need to be clarified on a practical basis regarding use of these permits. According to Section 2 of the current non-commercial Shellfish Rules and Regulations: “Persons entitled to resident permit (one per household) shall be real estate taxpayer and/or legally domiciled person of the Town of Brewster and shall include the immediate members of their family only. (Immediate in this content means a family member living with and/or supported by the taxpayer on a year-round basis). Permits are not transferable and are subject to revocation by the Select Board if misused.” The intent of this section was to provide one limit of shellfish to each household per week. However, as the rules and regulations are currently written, several questions need to be addressed: If there are multiple generations living in the same household, can there be a senior shellfish permit and a family shellfish permit in the same household? If one spouse qualifies for a senior shellfish permit and the other partner is younger, can they have a senior permit and a family permit? Can someone else living in the same household as a senior shellfish permit holder use their permit to harvest shellfish? Is that senior permit solely for the person named on the permit because they qualified due to their age? Does the senior shellfish permit holder have to be “engaged” in the harvest activity or can someone else living in the household (child or grandchild) harvest if the senior shellfish permit holder is present (in the parking lot)? *At the time senior shellfish permits were created nearly 20 years ago, there was very limited shellfish propagation and most harvest activity was from the wild stock. How do we deal with property trusts where multiple people are named on the property? The Select Board raised many of these same questions at their November 6, 2023 meeting when they deliberated on senior lifetime shellfish permits. 2 Here are our recommendations to address these questions: Define a Family shellfish permit and Senior shellfish permit as outlined below (sections highlighted in yellow are new): Family Shellfish Permit Persons entitled to a resident family shellfish permit shall be a real estate taxpayer and or legally domiciled person of the Town of Brewster and shall include the immediate members of their family only. (Immediate in this content means a family member living with and supported by the taxpayer on a year-round basis.) Each family permit may name up to four people on the permit that meet the qualifications defined above. The named permit holder must be actively engaged in shellfish harvest activities and present at the location of the harvest activities. If additional names need to be added, proof of legally domiciled residence in the Town of Brewster is required. Only one Family Shellfish Permit may be issued per residential address. Senior Shellfish Permit Persons entitled to a resident senior shellfish permit must be over the age of 70, a real estate taxpayer and or a legally domiciled person of the Town of Brewster. This permit is for the sole use of the qualified person named on the permit. This permit cannot be used by spouses, children or grandchildren even if domiciled in the same residence. The permit holder must be actively engaged in shellfish harvest activities and present at the location of the harvest activities. Only one Senior Shellfish Permit may be issued per residential address. Any person holding a Senior Shellfish Permit prior to January 1, 2023 must renew annually for no fee. Household Permits In the case where multiple generations occupy the same residential address, there may be one Senior Shellfish Permit and one Family Shellfish Permit issued to the same residential address. In the case where one spouse qualifies for a senior shellfish permit and one does not, the second spouse may purchase a family or assist the senior permit holder in fishing. TOWN OF BREWSTER 2023 Non-Commercial Shellfish Rules and Regulations 1. No person shall take from the flats or waters of the Town of Brewster sea clams, soft shell clams, mussels, quahogs, razor clams, oysters, scallops, sea worms or eels without first obtaining from the Town of Brewster a permit or license to do so. 2. Persons entitle to resident permit (one per household) shall be real estate taxpayer and/or legally domiciled person of the Town of Brewster and shall include the immediate members of their family only. (Immediate in this content means a family member living with and/or supported by the taxpayer on a year-round basis). Permits are not transferable and are subject to revocation by the Select Board if misused. 3. The Board of Selectmen shall from time to time appoint Shellfish Constable(s) and assistants who shall be empowered to enforce these regulations and all applicable sections of Chapters 130 and 21 of the Massachusetts General Laws and 322 CMR of the Massachusetts Division of Marine Fisheries pertaining to shellfish in the Town of Brewster. Shellfish Constable(s) and assistants may from time-to-time close certain areas or otherwise temporarily modify catch limits as appropriate to protect health or shellfish stocks. 4. All persons taking, carrying away and/or having in their possession shellfish of any kind, in a container, in a boat, or on their person, shall exhibit their permit to take shellfish and allow inspection of all harvested shellfish when requested by a Shellfish Constable or Assistant, a Brewster Natural Resources Offices, or any appointed law enforcement official. 5. Fees for 2023 permits shall be as follows: New Residents 70+ and MA Veterans 70+ Annual license $15.00* Resident Annual license $40.00 Brave Act Veteran Annual license $40.00 Non-Resident Annual license $140.00 *Existing Senior shellfish permit holders must exchange (or renew), for $0, their annual license at the Council on Aging starting the week of January 17, 2023 for calendar 2023 year only. 6. Residents 70 years of age and MA Veterans 70+ may purchase their annual shellfish license at the Council on Aging (1673 Main Street) from 8:30am – 4:00pm Monday through Friday. 7. Shellfish licenses can be purchased online at Town of Brewster Online Transactions (townhall247.com) year-round. Shellfish licenses can be purchased at the Town Hall from September 15 through April 1. During peak permit season (April 1- September 15) license can be purchased through the mail in program or online. 8. Permits shall be worn in carrying case in a visible location on his/her person while engaged in shellfishing at all times. 9. The maximum amount of shellfish, in any combination, taken in one week shall not exceed 10 quarts. This 10-quart weekly limit does not include sea clams or scallops. See Appendix A regarding the limit on shellfish and other species regulated by shellfish permits. A week is classified as a seven-day period from sunrise on Sunday through sunset on Saturday. 10. All shellfish shall immediately be culled when harvested and all seed shellfish immediately returned to that area where harvested. 11. All holes dug in the process of digging shellfish and/or worms shall be filled into ground level, as they constitute a hazard to other shellfishermen and walkers. 12. The taking of shellfish from the water and flats within the Town of Brewster by implements other than those known as long rake, scratcher, tong, quahog rake, clam rake or clam hoe, is PROHIBITED. Shovels, pitchforks, garden rakes, garden shovels, plunger, etc., are not allowed. 13. Specified areas that are closed to the taking of shellfish shall be posted at the Department of Natural Resource, Town Hall and the Police Station. 14. During the months of July and August, the taking of shellfish will be allowed only on Sunday and Thursday. 15. From June 1 through September 30, all beaches east of a point 100 yards to the west of Ellis Landing to the Town line (Namskaket Creek) will be closed to the taking of shellfish (Ellis Landing, Bonnie Doonie Road, Anson Way, Linnell Landing, Crosby Landing and Namskaket Creek). The taking of shellfish from the rockpiles (seedbeds) directly off of Ellis Landing and Ocean Edge is prohibited throughout the year. 16. During the months of July and August, all shellfish harvested in the Saints Landing stocked area must be landed and checked out by the Shellfish Constable(s) or Assistants at Saints Landing. 17. No person shall dig take or carry away any shellfish or shells between sunset and sunrise by any method whatsoever from any water, flat or creek in the Town of Brewster. 18. No starfish, conches, or periwinkles shall be returned to the waters but shall be placed on shore above the high-water mark. 19. No shellfishing will be allowed when the air temperature is 30° F or -1°C or below. 20. Digging in grass areas, including grass roots, is prohibited. 21. Violations of the aforementioned regulations are subject to written citation, court appearance and fine. The Board of Selectmen reserves the right to suspend the permit of any person violating the Town regulations on shellfishing for a period of 30 days. Whoever violates any rules or regulations made under the authority of Chapters 130 and 21 of the Massachusetts General Laws and/or 322 CMR of the Massachusetts Division of Marine Fisheries, unless otherwise provided, shall be punished by a fine of not less than $15.00 but not more than $1,000.00 Per MGL Ch 130 §52, the term “Selectmen” still applies, and therefore overrides the locally adopted term “Select Board” Appendix A Limit on Shellfish and Other Species Regulated by Shellfish Permit SPECIES QUANTITY HARVEST SIZE SEASON Soft Shell clam (steamers) 5 quarts per week Minimum of 2” in length October 1 to May 1, inclusive Quahog 10 quarts per week including shells Minimum of 1’’ in thickness. Open Mussel 10 quarts per week including shells Minimum of 2’’ in length Open Sea clam ½ bushel per week in shell, or 1 ½ quarts per week of shucked meats. Minimum of 5’’ in length Open Oyster 5 quarts per week Minimum of 3’’ in length October 1 to March 1, inclusive Razor Clam 10 quarts per week No minimum size Open Scallop 1 bushel per week including shells Must have a raised, well defined annual growth ring. October 1 to March 1, inclusive Sea worm 3 dozen per day No minimum size Open Sand eel 3 dozen per day No minimum size Open American eel 3 dozen per day Taking of elvers (juvenile eels) is prohibited. Limit of four traps for adult ell harvesting. Open A week is classified as a seven-day period from sunrise on Sunday through sunset on Saturday. Appendix B Town of Brewster Recreational Shellfish Beds Map 8 $120.00 57 $855.00 266 $0.00 14 $1,960.00 640 $25,600.00 9 $0.00 5 $200.00 TOTALS 999 $28,735.00 Date Range:01/01/2023 to 12/13/2023 SHELLFISH - RESIDENT - REPLACEMENT - $0 SHELLFISH- MA VETERAN- $40 SHELLFISH STICKERS ACTIVITY SHELLFISH - NR YEARLY - $140 SHELLFISH - RESIDENT - $40 SHELLFISH- SENIOR (VETERAN)-$15 SHELLFISH- SENIOR-NEW $15 SHELLFISH- SENIOR/LIFETIME REPLACMENT-$0 Comparison of other Cape Towns regarding use of Senior Shellfish Licenses 10-6-23 Dennis: The recreational shellfish permit fees are as follows: • Household Permits (Residents and Property Owners) $20.00 • Residents over 70 years of age $3.00* • Non-Residential Permit $65.00 * please note that if you purchase an Over 70 permit, the owner of said permit MUST be present during shellfishing. Barnstable: Senior recreational permit: issued to an individual who has attained the age of 65 and is a legal resident of, or pays real estate taxes to, the Town of Barnstable; one permit per family, as defined. Eastham/Orleans Only one(1) recreational permit may be issued per household A class one recreational permit may be issued to domiciled persons of the Town of Eastham or Orleans and for persons not domiciled but owning real estate within the Town of Eastham. A class two (senior) recreational permit may be issued to an individual domiciled in the Town of Eastham or Orleans sixty-five (65) years of age or older. A class four recreational permit may be issued for persons not owning real estate in the Town of Eastham or Orleans nor renting lodging in the Town of Eastham. A class six recreational permit may be issued for any persons, which will be valid for a period of seven consecutive days. The Town shall not charge a veteran a fee greater than the fee charged to a resident of such city of town as specified in M.G.L. Chapter 130 Section 52. Recreational permits will be issued after June 1st of every year and shall be valid until May 31st of the following year, unless sooner suspended or revoked or otherwise designated. Bourne: Shellfish Permits Fee $ Note Recreational Resident 35.00 For All Family Members Recreational Resident Senior 10.00 65+ Years - Only For Permit Holder Veteran Recreational 35.00 Only For Permit Holder Senior Veteran Recreational 10.00 65+ Years - Only For Permit Holder Recreational MA Resident 175.00 Chatham: WHEN CAN I BUY A PERMIT AND HOW LONG ARE THEY VALID? Family licenses may be purchased anytime after May 15th of each year and are good from June 1 through May 30. The Shellfish Department asks that each family keep track of their catch of shellfish on the reverse of the license and turn this catch report in at the end of each term, upon renewal of license. Fees: $35 resident family; $15 senior (over 70—must be resident or property owner in Chatham); $100 non-resident family. WHO MAY USE MY FAMILY SHELLFISH PERMIT? Immediate members of family only: means married spouses and dependent(s), providing they are living in the same dwelling and the dependent has not reached the age of 21and is living with and supported by the permit holder on a year-round basis. No friends or other relatives may shellfish on your license. Children under the age of 13 may accompany any adult with a valid family permit. SECTION 204. SENIOR CITIZEN PERMIT (A) Any resident, domiciled in the Town, seventy (70) years of age or older by May 31 of the year of application, is entitled to a Commercial shellfish permit for a reduced fee. (B) Any resident seventy (70) years of age or older at the date of permit issuance who is domiciled in the Town or any nonresident seventy (70) years of age or older who owns real estate in the Town is entitled to a Family shellfish permit for a reduced fee. (C) Those residents domiciled in the Town seventy (70) years or older having received a permit for no fee prior to April 1, 2004, will continue to receive a permit for no fee. SECTION 202. FAMILY PERMIT REGULATIONS *NOTE: See also Sec. 104 (B) 5, 15, 16, 17, 18, 22, and 26 (A) A resident family permit shall be issued to any resident who is head of family. The head of family shall provide, upon request, the names of all family members entitled to use said permit. (B) A non-resident family permit shall be issued to any non- resident who is head of family. The head of family shall provide, upon request, the names of all family members entitled to use said permit. (C) Family permits shall be issued beginning on June 1 of each year and shall expire on May 31st of the year following their issuance. (D) Any person (child) under 13 years of age shall be accompanied by an adult with a valid family permit, in which case, said adult shall be responsible for all acts of each child. �a�n�uuunwru,a ��� eft E ws 1gi� x `� o` �:1 t t t _ a fio �4by ice f oe\\p May 9, 2023 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 townmanager@brewster-ma.gov Chris Easley Chair, Nauset Regional School Committee 78 Eldredge Park Way Orleans, MA 02653 Dear Chair Easley, Office of: Select Board Town Manager Please accept this correspondence as an official request on behalf of the Brewster Select Board to initiate amendments to the Nauset regional school agreement. The agreement has served our district very well, but it has not been revised in more than 20 years and much has changed in that time. We recognize that, ultimately, any such proposed amendments require Town Meeting approvals. Specifically, the Brewster Select Board is seeking changes to the methodology for calculating each member towns' capital and operating annual assessments. Per Sections IV D & E of the regional agreement, those amounts are currently based on each town's respective enrollment in the regional district schools on October 1 of the preceding fiscal year. Instead of basing annual assessments on a single year of student enrollment data, we propose calculating them based on a three-year rolling average of student enrollment. The Town Administrators in the Eastham, Wellfleet, and Orleans are all supportive of making this change. Superintendent Clenchy also initially indicated she would be supportive. Many other regional school districts in the Commonwealth have adopted this approach. By reducing the impacts of year-to-year shifts in student enrollment, it improves the ability of member towns to plan for and build their budgets. Its moderating effects also help avoid zero -sum scenarios between member towns. In addition to this requested change to the regional school agreement, the Brewster Select Board is also interested in the following: • Better understanding how transportation costs are apportioned to the member towns, particularly as it pertains to the transportation expenses of charter and school choice students. • The extent to which the current proportional representation of the Nauset Regional School Committee remains reflective of the student population in each of the member towns. The committee's current composition is based on student enrollment by town as of 2002. • Setting a mutually agreed upon schedule for reassessing and potential amending the regional school agreement — eg. every 5 or 10 years. This is a standard practice in Town charters. Finally, and most importantly, the Brewster Select Board strongly encourages the Nauset Regional School Committee to make all reasonable efforts to either seek amendments to the regional school agreement to include Provincetown and Truro in the district in FY25 or to update their tuition agreements, set to expire in June 2024, such that those towns would pay their proportional share of the region's debt effective FY25. On behalf of the Brewster Select Board, we appreciate your consideration of these requests, and we welcome the opportunity to speak further with you about them in the near future. Peter Lombardi Town Manager cc: Richard Draper, Nauset Regional School Committee (Brewster) Tom Fitzgibbons, Nauset Regional School Committee (Brewster) Cathryn Lonsdale, Nauset Regional School Committee (Brewster) Richard Stewart, Nauset Regional School Committee (Brewster) Brooke Clenchy, Nauset Public Schools Superintendent Eastham Select Board Jacqui Beebe, Eastham Town Administrator Orleans Select Board Charlie Sumner, Orleans Interim Town Administrator Wellfleet Select Board Rich Waldo, Wellfleet Town Administrator PROV1NCLETOWN TUITION AGREEMENT WITH THE NAUSET REGIONAL SCHOOLS FOR SCHOOL YEARS 2019-20 THROUGH 2023-24 OVERVIEW This agreement will serve as an extension of the existing agreement with the Nauset Regional School Committee (NRSC) to provide students in Grades 9-12 from the Town of Provincetown with full enrollment and access to all of the programs, services, and benefits available at Nauset Regional High School. The term of this agreement shall be for five (5) years from school year 2019-2020 through school year 2023-2024. PER PUPIL ICULTIiON-FY20 The tuition rate for 2019-2020 shall be a flat fee of $18,457 per pupil. TUITION INCREASES The cost per pupil shall increase: 2020-2021 =2.5% 2021-2022 = 25% 2022-2023 =2.5% 2023-2024 = 3.5% GOVERNANCE The Nauset School Committee is supportive of Provincetown having a say in the governance of Nauset High School. At a future time, The Nauset Regional School Committee would entertain a proposal from Provincetown to become a full member of the Nauset Regional Schools through a process of amending our Regional Agreernent with our four member towns to include Provincetown. The Nauset Regional School Committee agrees to send electronic copies of its meeting agendas to the Provincetown Superintendent so that the Provincetown School Committee may stay well informed about the successes and the challenges in operating the Nauset Regional High School. A representative from the Provincetown School Committee shall be welcomed to attend any meeting of the Nauset Regional School Committee (regular, special, and sub -committee meetings) and said representative's attendance will be acknowledged by the Chair of the Regional School Committee. Should a representative from the Provincetown School Committee attend a Nauset School Committee meeting, he/she shall be entitled to participate in discussions in all areas, except as may be precluded by law. Provincetown representatives will not have the right to vote on any matters before the NRSC. TERMS In accordance with the provisions of Massachusetts General Laws Chapter 71, sections 1, 4, and 6, to permit the town of Provincetown not to maintain certain public schools, the Nauset Regional and the Provincetown School Committees enter into this tuition agreement applicable to students who reside in the town of Provincetown to attend Nauset Regional High School in grades 9-12. The Nauset Regional School District agrees to accept upon request high school students in grades 9-12. In turn, the Provincetown Public School District agrees to provide the Nauset Schools with all student, school, health, or other data or records of any prospective student from Provincetown as required by the Nauset Schools. Said Provincetown students are entitled to attend Nauset Regional High School and participate in any and all programs and services on the same basis as resident students from the member towns that comprise the Nauset Regional High School. Provincetown students will be subject to all of the privileges and restrictions as outlined in the Nauset High School program of studies, student handbook, including but not limited to the Nauset High School discipline code. The Nauset Schools and the Provincetown Schools each reserve the right to refuse or to terminate a placement in specific cases where one or the other feels that the Nauset program does not or cannot meet the Provincetown students' needs. Only students requested by the Provincetown School Department will be considered for placement at Nauset Regional High School. All students admitted will be allowed to complete their schooling at Nauset Regional High School so long as Provincetown continues to pay their tuition or unless individual circumstances occur that warrant termination. ADDITIONAL COSTS/RESPONSIBILITIES OF PROVINCETOwN A. Costs for Special Education for which the Provincetown School Committee retains full responsibility: 1. Independent Educational Evaluations if requested by the parents, pursuant to MA Special Education Law Ch. 71B 603 CMR 28.04 (5) (a -f). 2. Home or hospital instruction per 28.03 (3) (c) of the Regulations. Placements over 30 calendar days will result in the suspension of basic tuition charges. 3. Special Transportation per 28.05 (5) (a -c) of the regulations. 4. Students who require 1EP services and placements which are not generally available within the Nauset continuum of programs (Examples: assignment of a 1:I educational assistant, certain specialized therapies, out of district placements, out of school tutorial or home services, in -district or out of district extended day/year services). Nauset will invite the Provincetown special education administration and/or staff to any student meeting that could result in a student receiving services and/or placements outside of what is typically available to Nauset students. This will facilitate communication, budget planning, and resource allocation. 5. Nauset will communicate with the Provincetown administration regarding any student at risk for academic or behavioral failure. 6. Any evaluation beyond what is typically available to Nauset Regional students. (Example: vocational assessment, full psychological testing). 7. The Provincetown School Committee will defend any rejected IEP for which the parent has requested either a hearing before the Bureau of Special Education Appeals or a judicial hearing. A Provincetown representative will be notified of any rejected 1EP as soon as it is received by the Nauset Special Education Department. The Nauset Special Education Department will collaborate with the Provincetown Special Education Administration if parents request mediation through the BSEA or through another method of resolution. A Provincetown representative will be invited to any BSEA or other mediation meetings involving Provincetown resident students. 2 B. Mandated services for Regular Education for which the Provincetown School Committee retains full responsibility: 1. All transportation for Provincetown resident students 2. Out of district regular education placements (i.e. 45 day suspension or evaluation programs or placements during which time the basic tuition charge will be suspended). 3. Court or State agency ordered placements or services beyond a regular day program at Nauset High School site. 4. Home schooling; tuition will not be charged upon student withdrawal for the purpose of home schooling. PAYMENT IERMS: The Nauset School Committee shall submit invoices to the Provincetown School Committee on a monthly basis with the first invoice being sent on or about October 1st. Invoices shall show the names of the students enrolled and the days they were members of Nauset High School. Provincetown agrees to make payment within 21 days of receipt of an invoice. Every attempt will be made by Provincetown to pay the final bill for June by June 30th. The Provincetown School Committee and the Nauset Regional School Committee realize the mutual benefit of this agreement and are committed to working cooperatively in the best interests of the students and their families. d 11(rnt:..) 111. Lm Thomas M. Conrad Superintendent of Schools duly authorized by Nauset Regional School Committee Date Beth .Singer ' " /? Date Superintendent of Schools duly authorized by Provincetown School Committee 3 TRURO TUITION AGREEMENT WITH THE NAUSET REGIONAL SCHOOLS FOR SCHOOL YEARS 2019-2020 THROUGH 2023-24 OVERVIEW This agreement will serve as an extension of the existing agreement with the Nauset Regional School Committee (NRSC) to provide students in Grades 7-12 from the Town of Truro with full enrollment and access to all of the programs, services, and benefits available at Nauset Regional Middle and High School. LENGTH OF AGREEMENT The term of this agreement shall be for five (5) years from school year 2019-2020 through school year 2023-2024 PER PUPIL TUITION — FY20 The tuition rate for 2019-2020 shall be a flat fee of $18,457 per pupil. TUITION INCREASES The cost per pupil shall increase as follows: 2020-2021 = 2.5% 2021-2022 = 2.5% 2022-2023 = 2.5% 2023-2024 = 3.5% TERMS In accordance with the provisions of Massachusetts General Laws Chapter 71, sections 1, 4, and 6, to permit the town of Truro not to maintain certain public schools, the Nauset Regional and the Truro School Committees enter into this tuition agreement applicable to students who reside in the town of Truro to attend Nauset Regional Middle School in Grades 7&8 and Nauset Regional High School in grades 9-12. The Nauset Regional School District agrees to accept upon request middle school students in grade 7 and 8 and high school students in grades 9-12. In turn, the Truro Public School District agrees to provide the Nauset Schools with all students, school, health, or other records of any prospective student from Truro as required by the Nauset Schools. Said Truro students are entitled to attend Nauset Regional Middle School or High School and participate in any and all programs and services on the same basis as resident students from the member towns that comprise the Nauset Regional School District. Truro students will be subject to all of the privileges and restrictions as outlined in the Nauset Middle and/or the Nauset High School program of studies, student handbook, as well as the Nauset Middle School and Nauset High School discipline code. The Nauset Schools and the Truro Schools each reserve the right to refuse or to terminate a placement in specific cases where one or the other feels that the Nauset program does not or cannot meet the Truro students' needs. Only students requested by the Truro School Department will be considered for placement at Nauset Middle or Nauset High School. All students admitted will be allowed to complete their schooling at Nauset Middle and/or Nauset High so long as Truro continues to pay their tuition or unless individual circumstances occur that warrant termination. ADDITIONAL COSTS/RESPONSIBILITIES OF TRURO A. Costs for Special Education for which the Truro School Committee retains full responsibility: 1. Independent Educational Evaluations if requested by the parents, pursuant to MA Special Ed. Law Ch. 71B 603 CMR 28.04 (5) (a -f). 2. Home or hospital instruction per 28.03 (3) (c) of the Regulations. Placements over 30 calendar days will result in the suspension of basic tuition charges. 3. Special Transportation per 28.05 (5) (a -c) of the regulations. 4. Students who require IEP services and placements which are not generally available within the Nauset continuum of programs (Examples: assignment of a 1:1 educational assistant, out of district placements, out of school or home services; provided that home services are not generally available to other students enrolled in that program, or out of district extended day/year services). Nauset will invite the Truro special education administration and/or staff to any student meeting that could result in a student receiving services and/or placements outside of what is typically available to Nauset students. This will facilitate communication, budget planning, and resource allocation. 5. In order to promote continuity of services for students, the Truro and Nauset school administration agree to consider and work to allow a 1:1 educational assistant to be employed and paid by the Truro School District but assigned to a student who attends Nauset Middle School or Nauset High School. Said 1:1 educational assistant while employed by Truro, would be required to follow all policies, procedures, and directives of the Nauset School District. 6. Nauset will communicate with the Truro administration regarding any student at risk for academic or behavioral failure. 7. Any evaluation beyond what is typically performed for Nauset Regional students. (Example: vocational assessment, neuropsychological testing). 8. The Truro School Committee will defend any rejected IEP for which the parent has requested either a hearing before the Bureau of Special Education Appeals or a judicial hearing. A Truro representative will be notified of any rejected IEP as soon as it is received by the Nauset Special Education Department. The Nauset Special Education Department will collaborate with the Truro Special Education Administration if parents request mediation through the BSEA or through another method of resolution. A Truro representative will be invited to any BSEA or other mediation meetings involving Truro resident students. B. Mandated services for Regular Education for which the Truro School Committee retains full responsibility: 1. All transportation for Truro resident students 2. Out of district regular education placements (i.e. 45 day suspension or evaluation programs or placements during which time the basic tuition charge will be suspended). 3. I-lome or hospital tutoring if required 4. Tuition will not be charged upon student withdrawal for the purpose of home schooling. 2 PAYMENT TERMS: The Nauset School Committee shall submit invoices to the Truro School Committee on a monthly basis with the first invoice being sent on or about October 1st. Invoices shall show the names of the students enrolled and the days they were members of Nauset Regional High School or Nauset Regional Middle School. Truro agrees to make payment within 21 days of receipt of an invoice. Every attempt will be made by Truro to pay the final bill for June by June 30th. The Truro School Committee and the Nauset Regional School Committee realize the mutual benefit of this agreement and are committed to working cooperatively in the best interests of the students and their families. '---rheYk0 lYt CANA. 4.-1L. Thomas M. Conrad Superintendent of Schools duly authorized by Nauset Regional School Committee Michael Gradone Superintendent of Schools duly authorized by Truro School Committee 3 Date Date TUITION AGREEMENT BETWEEN THE TRURO PUBLIC SCHOOLS AND NAUSET REGIONAL SCHOOL DISTRICT FOR SCHOOL YEARS 2024-2025 THROUC6d 2028-2029 This Tuition Agreement (this "Agreement") is entered into as of the latest date of execution below by and between the Truro Public Schools, a public school district duly organized under the laws of the Commonwealth of Massachusetts and having a usual place of business at 317 Route 6, Truro, MA 02666 ("Truro"), and the Nauset Regional School District a regional school district duly organized under the laws of the Commonwealth of Massachusetts and having a usual place of business at 78 Eldredge Park Way, Orleans, MA 02653 ("Nauset"), each acting by and through its duly authorized representative, who acts hereunder in their official capacity only and without any personal liability. WHEREAS, Truro seeks to enroll children in grades 7 through 12 residing in the Town of Truro in out -of -district schools due to the lack of an appropriate facility within the town; and, WHEREAS, Nauset is a regional school district for students in grades 6 through 12 residing in its member towns, and Nauset has determined it presently has the ability to enroll additional students from Truro in grades 7 through 12; and, WHEREAS, Truro and Nauset (collectively, the "Parties") wish to enter into this agreement for and fix the terms of the attendance of such students pursuant to M.G.L. c.76, §12 and other applicable laws; NOW, THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows: 1. Length of Agreement. This Agreement shall be effective July 1, 2024 through and including June 30, 2029 (the "Term"), inclusive of school year 2024-2025 through school year 2028-2029. This Agreement terminates automatically at the end of the Term and shall not be renewed or extended unless otherwise agreed to in writing by the Parties. For purposes of this Agreement, a "Contract Year" shall be July 1 through June 30. 2. Enrollment. Truro will notify Nauset of any student in grades 7-12 residing in the Town of Truro, MA, which it requests be enrolled in Nauset under this Agreement, and Nauset agrees to accept such students for enrollment subject to the terms and conditions of this Agreement and applicable law. Truro agrees to provide Nauset with all student, school, health, or other data or records of any prospective or current student from Truro as may be reasonably requested by Nauset. Truro students accepted for enrollment by Nauset are entitled to attend Nauset Middle School and/or Nauset High School, as applicable, and to participate in any and all programs and services on the same basis as resident students from the member towns that comprise the Nauset Regional School District. Truro students will be subject to all of the privileges and restrictions applicable to resident students, including as outlined in the 1 applicable Nauset Middle School and/or Nauset High School program of studies, student handbook, and discipline code. Nauset and Truro each reserve the right to refuse or to terminate the enrollment of any Truro student enrolled hereunder in the event either determines in its sole discretion that Nauset does not or cannot meet such student's needs. Subject to the terms and conditions of this Agreement, all students admitted to Nauset under this Agreement will be allowed to complete their schooling at Nauset Middle School and Nauset High School so long as Truro continues to pay their tuition or unless individual circumstances occur that warrant termination. 3. Tuition Rates. The tuition rate shall be charged as a flat annual fee per pupil, prorated on a 10 -month basis (September through June) based on the number of Truro students actually enrolled in Nauset at any point during each month. The annual per pupil rate for each Contract Year covered by the Term of this Agreement shall be as follows: a. 2024-2025: $23,108 b. 2025-2026: 3% increase from prior Contract Year: $23,801.24 c. 2026-2027: 3% increase from prior Contract Year: $24,525.17 d. 2027-2028: To be negotiated after review of current per pupil expenditures on DESE School & District Profiles e. 2028-2029: To be negotiated after review of current per pupil expenditures on DESE School & District Profiles For school years 2027-2028 and 2028-2029, in the event the Parties are unable to mutually agree upon a tuition rate prior to the beginning of the applicable school year, Nauset reserves the right, in its sole discretion, to deny enrollment to any Truro student or alternatively, to permit the enrollment of such students on the basis of a 3% increase from the prior Contract Year, pending agreement of the Parties. The Parties agree to use good faith efforts to meet in a timely manner and negotiate a tuition rate for each Contract Year well in advance of each such school year in order to effectuate the purposes of this Agreement. 4. Payment. Nauset shall submit invoices to Truro on a monthly basis. Invoices shall include the names of each enrolled student and their dates of enrollment. Truro shall make full payment to Nauset within 21 calendar days after receipt of an invoice. Invoices and payment shall be submitted to the office of the school business administrator or the receiving party or such other address as the receiving party may designate by written notice to such school business administrator. 5. Truro Responsibility. a. Costs for Special Education for which Truro retains full legal and financial responsibility: i. Independent Educational Evaluations if requested by the parents, pursuant to M.G.L. c.71B and/or 603 CMR 28.04(5)(a) -(f). 2 ii. Home or hospital instruction per 603 CMR 28.03(3)(c). Placements over 30 calendar days will result in the suspension of basic tuition charges. iii. Special Transportation per 603 CMR 28.05(5)(a) -(c). iv. Students who require IEP services and placements which are not generally available within the Nauset continuum of programs (Examples: assignment of a 1:1 educational assistant, out of district placements, out of school tutorial or home services provided that home services are not generally available to other students enrolled in that program, in or out of district extended day/year services). Nauset will invite the Truro special education administration and/or staff to any student meeting that could result in a student receiving services and/or placements outside of what is typically available to Nauset students in an effort to facilitate communication, budget planning, and resource allocation. v. In order to promote continuity of services for students, Truro and Nauset school administration will consider and work to allow a 1:1 educational assistant to be employed and paid by the Truro but assigned to a student who attends Nauset Middle School or Nauset High School. Said 1:1 educational assistant while employed by Truro, would be required to follow all policies, procedures, and directives of Nauset. vi. Any evaluation beyond what is typically performed for Nauset students. (Example: vocational assessment, neuropsychological testing). vii. Truro will defend any rejected IEP for which the parent has requested either a hearing before the Bureau of Special Education Appeals or a judicial hearing. A Truro representative will be notified of any rejected IEP as soon as it is received by the Nauset Special Education Department. The special education departments of the Parties will collaborate if parents of a Truro student request mediation through the BSEA or through another method of resolution, and a representative of each department will be invited to any BSEA or other mediation meetings involving Truro students. b. Mandated services for Regular Education for which the Truro School Committee retains full responsibility: i. All transportation for Truro resident students. ii. Out of district regular education placements, including without limitation 45 -day suspension or evaluation programs or placements during which time the basic tuition charge will be suspended. iii. Home or hospital tutoring if required. iv. Tuition will not be charged upon student withdrawal for the purpose of home schooling. c. To the extent permitted by law, Truro shall release, indemnify, and hold harmless Nauset and its member towns, and each of their respective elected and appointed officers, officials, committees, agents, employees, insurers, attorneys, servants, volunteers, representatives, subcontractors, affiliates, successors and assigns and others for whom the Nauset and/or its member towns may have legal responsibility (collectively, the "Nauset Parties"), jointly and severally, from and against any and all costs, demands, liabilities, suits, judgments, decrees, orders, actions, causes of action, claims of personal or bodily injury, claims of damage or loss for property, and all claims for any other losses of whatever kind or character, name or nature, direct or incidental, arising out of or in connection with any action or omission that may constitute a default or breach by Truro under this Agreement, all to the extent that the same is not proximately caused by the negligent actions or omissions or intentional acts of Nauset. 6. Nauset Responsibility. a. To the extent permitted by law, Nauset will communicate with the Truro administration regarding any student at risk for academic or behavioral failure. 7. Captions. The headings, titles, and subtitles herein are inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof. 8. Governing Law: Venue. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, regardless of its choice of law rules. Any action to enforce the provisions of this Contract shall only be brought in the courts of the Commonwealth of Massachusetts. 9. Assignment. Neither Party may assign, subcontract, or otherwise transfer this Agreement, in whole or in part, without the prior written consent of the other Party. 10. No Third-Partv Beneficiaries. Nothing in this Agreement will provide any benefit to any third party or entitle any third party to any claim, cause of action, remedy or right of any kind. 11. Authority. Each of the undersigned representatives represents and warrants that they are duly authorized to enter into this Agreement on behalf of the party for whom they sign and to bind such party to its terms and conditions. 12. Waiver. Either Party's failure to exercise, or delay in exercising, any right or remedy under any provision of this Agreement shall not constitute a waiver of such or remedy. 13. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 4 14. Entire Agreement: Amendment. This Agreement constitutes the entire agreement between the parties with respect to the matters described. This Agreement supersedes all prior agreements, negotiations and representations, either written or oral, and it shall not be modified or amended except by a written document executed by each Party. 15. Counterparts: Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document. Any proof of this Contract shall require production of only one such counterpart duly executed by the Party to be charged therewith. The parties may sign and deliver this Agreement by facsimile or using other electronic means, including digital signatures. Copies of this Agreement shall be treated as originals. EXECUTED by each Party on the date written below. TRURO PUBLIC SCHOOLS Date: Stephanie Costigan Superintendent of Schools Duly Authorized NAUSET REGIONAL SCHOOL DISTRICT Date: Brooke A. Clenchy Superintendent of Schools Duly Authorized 5 TUITION AGREEMENT BETWEEN THE PROVINCETOWN PUBLIC SCHOOLS AND NAUSET REGIONAL SCHOOL DISTRICT FOR SCHOOL YEARS 2024-2025 THROUGH 2028-2029 This Tuition Agreement (this "Agreement") is entered into as of the latest date of execution below by and between the Provincetown Public Schools, a public school district duly organized under the laws of the Commonwealth of Massachusetts and having a usual place of business at 12 Winslow Street, Provincetown, MA 02657 ("Provincetown"), and the Nauset Regional School District a regional school district duly organized under the laws of the Commonwealth of Massachusetts and having a usual place of business at 78 Eldredge Park Way, Orleans, MA 02653 ("Nauset"), each acting by and through its duly authorized representative, who acts hereunder in their official capacity only and without any personal liability. WHEREAS, Provincetown seeks to enroll children in grades 9 through 12 residing in the Town of Provincetown in out -of -district schools due to the lack of an appropriate facility within the town; and, WHEREAS, Nauset is a regional school district for students in grades 6 through 12 residing in its member towns, and Nauset has determined it presently has the ability to enroll additional students from Provincetown in grades 9 through 12; and, WHEREAS, Provincetown and Nauset (collectively, the "Parties") wish to enter into this agreement for and fix the terms of the attendance of such students pursuant to M.G.L. c.76, §12 and other applicable laws; NOW, THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows: 1. Length of Agreement. This Agreement shall be effective July 1, 2024 through and including June 30, 2029 (the "Tenn"), inclusive of school year 2024-2025 through school year 2028-2029. This Agreement terminates automatically at the end of the Term and shall not be renewed or extended unless otherwise agreed to in writing by the Parties. For purposes of this Agreement, a "Contract Year" shall be July 1 through June 30. 2. Enrollment. Provincetown will notify Nauset of any student in grades 9-12 residing in the Town of Provincetown, MA, which it requests be enrolled in Nauset under this Agreement, and Nauset agrees to accept such students for enrollment subject to the terms and conditions of this Agreement and applicable law. Provincetown agrees to provide Nauset with all student, school, health, or other data or records of any prospective or current student from Provincetown as may be reasonably requested by Nauset. Provincetown students accepted for enrollment by Nauset are entitled to attend Nauset High School and participate in any and all programs and services on the same basis as resident students from the member towns that comprise the Nauset Regional School District. Provincetown students will be subject to all of the privileges and restrictions 1 applicable to resident students, including as outlined in the Nauset High School program of studies, student handbook, and discipline code. Nauset and Provincetown each reserve the right to refuse or to terminate the enrollment of any Provincetown student enrolled hereunder in the event either determines in its sole discretion that Nauset does not or cannot meet such student's needs. Subject to the terms and conditions of this Agreement, all students admitted to Nauset under this Agreement will be allowed to complete their schooling at Nauset High School so long as Provincetown continues to pay their tuition or unless individual circumstances occur that warrant termination. 3. Tuition Rates. The tuition rate shall be charged as a flat annual fee per pupil, prorated on a 10 -month basis (September through June) based on the number of Provincetown students actually enrolled in Nauset at any point during each month. The annual per pupil rate for each Contract Year covered by the Term of this Agreement shall be as follows: a. 2024-2025: $23,108 b. 2025-2026: 3% increase from prior Contract Year: $23,801.24 c. 2026-2027: 3% increase from prior Contract Year: $24,525.17 d. 2027-2028: To be negotiated after review of current per pupil expenditures on DESE School & District Profiles e. 2028-2029: To be negotiated after review of current per pupil expenditures on DESE School & District Profiles For school years 2027-2028 and 2028-2029, in the event the Parties are unable to mutually agree upon a tuition rate prior to the beginning of the applicable school year, Nauset reserves the right, in its sole discretion, to deny enrollment to any Provincetown student or alternatively, to permit the enrollment of such students on the basis of a 3% increase from the prior Contract Year, pending agreement of the Parties. The Parties agree to use good faith efforts to meet in a timely manner and negotiate a tuition rate for each Contract Year well in advance of each such school year in order to effectuate the purposes of this Agreement. 4. Payment. Nauset shall submit invoices to Provincetown on a monthly basis. Invoices shall include the names of each enrolled student and their dates of enrollment. Provincetown shall make full payment to Nauset within 21 calendar days after receipt of an invoice. Invoices and payment shall be submitted to the office of the school business administrator or the receiving party or such other address as the receiving party may designate by written notice to such school business administrator. 5. Provincetown Responsibility. a. Costs for Special Education for which Provincetown retains full legal and financial responsibility: i. Independent Educational Evaluations if requested by the parents, pursuant to M.G.L. c.71B and/or 603 CMR 28.04(5)(a) -(f). 2 ii. Home or hospital instruction per 603 CMR 28.03(3)(c). Placements over 30 calendar days will result in the suspension of basic tuition charges. iii. Special Transportation per 603 CMR 28.05(5)(a) -(c). iv. Students who require IEP services and placements which are not generally available within the Nauset continuum of programs (Examples: assignment of a 1:1 educational assistant, certain specialized therapies, out of district placements, out of school tutorial or home services, in -district or out of district extended day/year services). Nauset will invite the Provincetown special education administration and/or staff to any student meeting that could result in a student receiving services and/or placements outside of what is typically available to Nauset students in an effort to facilitate communication, budget planning, and resource allocation. v. Any evaluation beyond what is typically available to Nauset students. (Example: vocational assessment, full psychological testing). vi. Provincetown will defend any rejected IEP for which the parent has requested either a hearing before the Bureau of Special Education Appeals or a judicial hearing. A Provincetown representative will be notified of any rejected IEP as soon as it is received by the Nauset Special Education Department. The special education departments of the Parties will collaborate if parents of a Provincetown student request mediation through the BSEA or through another method of resolution, and a representative of each department will be invited to any BSEA or other mediation meetings involving Provincetown students. b. Mandated services for Regular Education for which the Provincetown School Committee retains full responsibility: i. All transportation for Provincetown resident students. ii. Out of district regular education placements, including without limitation 45 -day suspension or evaluation programs or placements during which time the basic tuition charge will be suspended. iii. Court or state agency ordered placements or services beyond a regular day program at Nauset High School site. iv. Home schooling; tuition will not be charged upon student withdrawal for the purpose of home schooling. c. To the extent permitted by law, Provincetown shall release, indemnify, and hold harmless Nauset and its member towns, and each of their respective elected and appointed officers, officials, committees, agents, employees, insurers, attorneys, servants, volunteers, representatives, subcontractors, affiliates, successors and assigns and others for whom the Nauset and/or its member towns may have legal responsibility (collectively, the "Nauset Parties"), jointly and severally, from and against any and all costs, demands, liabilities, suits, judgments, decrees, orders, actions, causes of action, claims of personal or bodily injury, claims of damage or loss for property, and all claims for any other losses of whatever kind or character, name or nature, direct or incidental, arising out of or in connection with any action or omission that may constitute a default or breach by Provincetown under this Agreement, all to the extent that the same is not proximately caused by the negligent actions or omissions or intentional acts of Nauset. 6. Nauset Responsibility. a. To the extent permitted by law, Nauset will communicate with the Provincetown administration regarding any student at risk for academic or behavioral failure. 7. Provincetown Representative. The Parties acknowledge and agree that Provincetown shall not be deemed a member of the Nauset Regional School District by virtue of this Agreement and, to the extent Provincetown seeks formal representation in the regional school district, Nauset encourages Provincetown to apply for membership. Notwithstanding the foregoing, Nauset will use good faith efforts to send electronic copies of Nauset Regional School Committee meeting agendas to the Provincetown Superintendent of Schools for informational purposes, and the Nauset Regional School Committee may permit, in its sole discretion, a representative of the Provincetown School Committee to attend any open session meeting of the Nauset Regional School Committee (regular, special, and sub -committee meetings) and participate in discussions in all areas, except as may be precluded by law. No Provincetown representatives shall have the right to vote on any matters before the Nauset Regional School Committee. Failure to adhere to the strict terms of this provision shall not be deemed a material breach of this Agreement. 8. Captions. The headings, titles, and subtitles herein are inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof. 9. Governing Law; Venue. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, regardless of its choice of law rules. Any action to enforce the provisions of this Contract shall only be brought in the courts of the Commonwealth of Massachusetts. 10. Assignment. Neither Party may assign, subcontract, or otherwise transfer this Agreement, in whole or in part, without the prior written consent of the other Party. 11. No Third -Party Beneficiaries. Nothing in this Agreement will provide any benefit to any third party or entitle any third party to any claim, cause of action, remedy or right of any kind. 12. Authority. Each of the undersigned representatives represents and warrants that they are duly authorized to enter into this Agreement on behalf of the party for whom they sign and to bind such party to its terms and conditions. 4 13. Waiver. Either Party's failure to exercise, or delay in exercising, any right or remedy under any provision of this Agreement shall not constitute a waiver of such or remedy. 14. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 15. Entire Agreement: Amendment. This Agreement constitutes the entire agreement between the parties with respect to the matters described. This Agreement supersedes all prior agreements, negotiations and representations, either written or oral, and it shall not be modified or amended except by a written document executed by each Party. 16. Counterparts: Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document. Any proof of this Contract shall require production of only one such counterpart duly executed by the Party to be charged therewith. The parties may sign and deliver this Agreement by facsimile or using other electronic means, including digital signatures. Copies of this Agreement shall be treated as originals. EXECUTED by each Party on the date written below. PROVINCETOWN PUBLIC SCHOOLS Gerry Goyette Superintendent of Schools Duly Authorized NAUSET REGIONAL SCHOOL. DISTRICT Brooke A. Clenchy Superintendent of Schools Duly Authorized 5 Date: Date: 12/7/2023 NPS Truro/Provincetown Tuition Agreement Update 12.7.2023 71. Our thanks to both the Provincetown and Truro communities for their ongoing commitment to sending their children to the Nauset Regional schools. Thanks, as well, to Superintendent Costigan (Truro) and Superintendent Goyette (Provincetown) for their diligence and hard work, working with our NPS district to get us to this point. NPS Truro/Prov►incetown Tuition Agreement Update 12.7.2823 1 12/7/2023 Purpose for Renewal: The current tuition agreement between the three school districts - Nauset Regional School District, Provincetown Public Schools, and Truro Central School District - comes to an end at the end of the current school year. NPS Truro/Provincetown Tuition Agreement Update 12.7.2023 Fri Process: The three district Superintendents met regularly as a collective group to negotiate a new five year contract. After each negotiation meeting, the Superintendents would then connect with a working group of their district school committee members to debrief and strategize prior to the next meeting. This process kept our working groups well -apprised of our ongoing efforts and the progress of the negotiating process. A key focus throughout the negotiation process was to ensure that the three school districts telt that the numbers arrived at were fair and equitable for each of our districts. We collectively worked towards wrapping this up prior to December 1, 2023 for budget purposes. NPS Truro/Provincetown Tuition Agreement Update 2 12/7/2023 Legal Counsel: Each of the three school districts utilized separate legal counsel for advice and help with the creation of a formalized document that will now serve each of the districts as the official agreement. NPS Truro/Provincetown Tuition Agreement Update Course Correction for 2024-2025 Base: It was agreed that the beginning base number for the new contract needed a "course correction", compared to the current base number. We collectively agreed that the prior process and contracts had led to a delta that needed to be addressed. NPS Truro/Provincetown Tuition Agreement Update 3 12/7/2023 Contextual Information: Previous increases have averaged around the 2 and 2.5% mark over the course of the last ten year period. This current year was a 3.5% increase, the highest increase over that time period. An overture of discussion regarding the concept of both Provincetown and Truro possibly joining NPS was discussed. They wish to remain separate school districts at this time, and we respect their perspective. NPS Truro/Provincetown Tuition Agreement Update Contextual Information (Continued): It is important to note that the three school districts pay for their own SPED and transportation costs outside of this tuition agreement. For this reason, it is impossible to connect, or draw conclusions, from any of our per pupil averages, which all vary. The same holds true for individual, district -based budget increases. NPS Truro/Provincetown Tuition Agreement Update 4 12/7/2023 Moving forward: This new contract is a five year commitment for all three school districts, with the ability to renegotiate the percentage increase for the fourth and fifth year of the agreement. This was a purposeful juncture. It also cements the partnership that the three school districts share for a five year period. NPS Tn r /Provincetown Tuition Agreement it Update ProvincetownlTruro Tuition Analysis Year--FY15—Base $16,235 Year --FY 16--2.50%$16,641 Year--FY17--2.50% $17,057 Year--FY18--2,50% $17,483 Year--FY19--2.50% $18,095 Year--FY20--Base $18,457 Year--FY21--2.50% $18,918 Year--FY22-2.50% $19,391 Year--FY23--2.50% $19,876 Year--FY24--3.50% $20,572 Year 1--24/25--New Base $23,108 Year 2-25/26-3.0% $23,801.24 Year 3-26/27-3.0%524,525.17 (negotiate years 4 & 5) Year 4-27/28-% to be negotiated Year 5-28129—% to be negotiated Ern NPS Trur©/pr©vamceto n Tuition Agreement Update 5 12/7/2023 Salient points from the new contract: • Five year duration • Base number is $23,108 • Increase for year 2 and 3 is 3% per year • Opportunity to renegotiate year 4 and 5 increase NPS Truro/Provincetown Tuition Agreement Update 2023-2024 total amount to Nauset Regional School District is $ 1,967,539 2024-2025 total anticipated amount to Nauset Regional School District is $ 2,206,814 Increase of revenue is $239,275 NPS Truro/Provincetown Tuition Agreement Update 6 12/7/2023 This process is completely different from school choice, and is not comparable. NPS Truro/Provincetown Tuition Agreement Update ti7 Thank you to everyone involved in moving this process along so smoothly - a special thanks to Truro and Provincetown. NPS Truro Provincetown Tuition Agreement Update 7 Archive d: Wednesday, December 13, 2023 11:24:26 AM From: Robert Tobias Se nt: Thu, 7 Dec 2023 19:12:19 To: Tom fitzgibbons easleyc@nausetschools.org Judith Schumacher Richard Draper Richard Stewart Cathryn Lonsdale Griffin Ryder Josh Stewart noonankerrym@nausetschools.org Patricia Aurigemma 2 Cc: Kari Hoffmann Pete Dahl Peter Lombardi clenchyb@nausetschools.org vendittig@nausetschools.org jshaw850@comcast.net Subje ct: Fw: Truro & PTown Tuition Agreement Importance : Normal Se ns itivity: None Attachme nts : Tuition Agmt vs Cost per Student.pdf; Honorable Naus et Regional School C ommittee Members : I write in regard to the s ubject Tuition Agreements which are on your agenda for tonig ht's NRSC meeting . I don't know if you will be voting on thes e agreements tonight, but I would encourag e you to either defer the vote or vote no and s end the Superintendent back to the neg otiating table. I note in my email of December 6, forwarded here, and s upported by the attached PDF, that while the propos ed agreement tuition rates repres ent an advancement towards fairnes s , they do not get s ufficiently clos e to recovering the cos t per s tudent that the Dis trict Towns you repres ent pay per s tudent. I would encourage you to ins tead s hare the attached "Comparable Tuition-In Per Student Rate Vs Dis trict Town Per Student Rate", or better yet, an internally produced calculation of comparable cos t, and meet with your res pective Select Boards (as is currently s cheduled in Brews ter) to update them and g ather their input on the terms of the agreements . I s us pect they will advis e you that the propos ed tuition rates would not be perceived as adequately clos e to recovering the cos t comparable to the amount paid by Dis trict Town voters . Armed with feedback from repres entatives of Dis trict Town voters , the neg otiating team and Superintendent can g o back to Truro & PTown and s eek an agreement that more clos ely reflects the cos ts comparable to that paid by Dis trict Towns to educate their s tudents . Unders tanding the des ire that the Truro & PTown would have to manag e their budg ets , perhaps the agreements can be written to bring Tuition into alig nment with the comparable cos ts over 2-3 years . It is a tough s ell to Dis trict Town taxpayers that they s hould s ubs idize Truro & PTown s tudent education providing Truro & PTown with a dis count. Speaking for mys elf, I have no wis h to hold Truro & PTown over a barrel; I think its bes t that they come to our s chools ; I jus t think it is reas onable that they pay a fair s hare of cos ts . I think you owe it to the voters of your town to at leas t pres ent this log ic to Truro & PTown armed anew with Select Board input. If Truro & PTown refus e to neg otiate towards a fair s hare of cos ts , then perhaps they are not the education partners we envis ag e. Thank you for your cons ideration & your s ervice. Robert Tobias Brews ter Finance C ommittee Liais on to the NRSC From: Robe rt Tobi as Sent: We dne sday, De cembe r 6, 2023 6:02 PM To: Pe te Dahl <pdahl @brewste r-ma.gov>; e asl e yc@nause tschool s.org <easleyc@nausetschool s.org>; Judith Schumacher <schumache rj @nause tschool s.org>; tomfitz53@hotmai l .com <tomfitz53@hotmai l .com> Cc: Pe ter Lombardi <plombardi @bre wste r-ma.gov>; Kari Hof fmann <khoffmann@bre wster-ma.gov>; clenchyb@nausetschool s.org <cl e nchyb@nause tschool s.org>; ve nditti g@nausetschool s.org <ve nditti g@nausetschool s.org>; j shaw850@comcast.ne t <jshaw850@comcast.ne t> Subject: Truro & PTown Tui ti on Agre e ment Folks : I'm curious to learn what you might think about the attached quick & dirty calculation of a Comparable "As s es s ment" rate for Tuition-In Students . This is my work product exclus ively and does not repres ent anybody's opinion but my own. My read is that the Superintendent and Committee des erve credit for making advancements in achieving a fair rate for Tuition-In s tudents , but that we s till fall s ignificantly s hort g iven the cos t that Dis trict Towns bear in High School Cons truction Debt. My calculation, bas ed on the FY24 NRSD Budget, is likely mis s ing s ome gives and takes , but I think it is directionally correct. In round numbers , the FY24 Operating Budg et cos t per s tudent to Dis trict Towns is $23K to educate Dis trict- res ident s tudents who either attend NRSD, or Choice O ut, or Charter Out. After adjus ting this amount for elements of cos t for which, per the Tuition Agreement, Truro & PTown retain res pons ibility (Special Ed out of Dis trict & all Trans portation), the comparable Operating Budget rate for Tuition-In s tudents is $20K. The propos ed Tuition Ag reement rate per s tudent for FY25 is $23K. While this amount exceeds my comparable FY24 calculated rate by 15% it s till falls s hort of my calculated All-In Comparable "As s es s ment" including capital projects and HS Debt of $28K. This repres ents a s hortfall of about $5K per s tudent or a total of about $500K in value to Dis trict Towns per year that s hould be borne by Truro & PTown combined. My s ens e is that while progres s was made toward fairnes s , the NRSC s hould s end the Superintendent back to the negotiating table with Truro & PTown and s eek further progres s towards fairnes s . I would appreciate your s haring your thoug hts with me being ever mindful that members of a common committee mus t abide by the MA open meeting laws that prohibit deliberation at other than an open meeting. Bes t, Robert Tobias Brews ter Finance C ommittee Member Comparable Tuition-In Per Student Rate Vs District Town Per Student Rate Using FY24 NRSD Budget as Basis Total FY24 Pop Cost/ Student Notes FY24 Budget Expense $ 36,256,625 1,195 $ 30,340.27 Less FY24 Budget Income $ 8,492,631 1,195 $ 7,106.80 FY24 Total Operating Budget $ 27,763,994 1,195 $ 23,233.47 This is the operating cost per student that District Towns pay to educate District-resident students who attend NRSD MS/HS, Choice Out, or Charter Out (1,195 students per FY24 Assessment) Adjustments for Responsibilities Retained by Truro/Ptown: Special Ed Tuition Non-Public Schools $ (1,505,405) 1,195 $ (1,259.75)Per Tuition Agreement Truro/Ptown retain responsibility for out of District Special Ed Costs for their students therefore Costs in this Region Only account should be removed to determine a comparable Tuition-In per student cost Special Ed Tuition Collaborative $ (949,296) 1,195 $ (794.39)Per Tuition Agreement Truro/Ptown retain responsibility for out of District Special Ed Costs for their students therefore Costs in this Region Only account should be removed to determine a comparable Tuition-In per student cost Special Ed Transportation $ (870,328) 1,195 $ (728.31)Per Tuition Agreement Truro/Ptown retain responsibility for all Special Ed Transportation Costs for their students therefore Costs in Region Only Special Ed Transportation accounts should be removed to determine a comparable Tuition-In per student cost Regular Ed Transportation $ (1,400,228) 1,195 $ (1,171.74)Per Tuition Agreement Truro/Ptown retain responsibility for all Regular Ed Transportation Costs for their students therefore Costs in Region Only Regular Ed Transportation accounts should be removed to determine a comparable Tuition-In per student cost State Transportation Aid Income $ 744,795 1,195 $ 623.26 Per Tuition Agreement Truro/Ptown retain responsibility for all Regular Ed Transportation Costs for their students therefore State Transportation Aid Income accounts should be removed to determine a comparable Tuition-In per student cost FY24 Tuition-In Comparable Operating $ 23,783,532 1,195 $ 19,902.54 FY24 Capital Plan Projects $ 587,622 1,195 $ 491.73 FY24 Estimated HS Construction Debt $ 9,305,920 1,195 $ 7,787.38 FY24 Tuition-In Comparable All In "Assessment" $ 33,677,074 1,195 $ 28,181.65 Draft Tuition Agreement FY25 Per Student Rate $ 23,108.00 Shortfall per Student $ 5,073.65 Shortfall from Tuition-In Comparable "Assessment" before escalation from FY24 to FY25. Number of Tuition-In Students 102 Truro & Ptown combined (10/1/23 enrollment) Shortfall in Tuition-In Funding from Truro & Ptown combined $ 517,512.49 Before escalation from FY24 to FY25 NAIJSET REGIONAL SCHOOL DISTRICT AGREEMENT The agreement for the establishment of the Nauset Regional School District, as heretofore amended, is hereby further amended and restated to read as follows: This Agreement is entered into pursuant to Chapter 71 of the General Laws of Massachusetts ("M.G.L."), as amended. among f?r a regional school district for the Towns of Brewster, Eastham, Orleans and Wellfleet, Massachusetts (hereinafter sometimes referred to as the _member towns') for the purpose of establishing a regional school district and setting forth the terms and conditions for its operation. The regional schools district shallte be called the "Nauset Regional School District (hereinafter sometimes referred to as "District"). This amendment and restatement is made pursuant to Section VIII of the original regional agreement, as previously amended, by amending and restating the regional agreement in its entirety. The provisions of this restatement supersede any contrary or inconsistent provisions of the original regional agreement and any contrary or inconsistent provisions of any amendments prior to this amendment and restatement. In consideration of the mutual promises herein contained, it is hereby agreed as follows:'—' SECTION I TAF?_ he Regional District School Committee A. Number of Members. The powers and duties of the District shall be vested in and exercised b rya Region-al--SGh-bol-District School Committee hereinafter sometimes referred to as the "Committee"). The Committee , beginning with the annual town elections of 2003, shall consist of ten members, four from being residents of the Town of Brewster, three hoing residents of the Town oftrarzn Orleans, two being residents of the Town offr Eastham, and one being a resident of the Townoffren; Wellfleet. To achieve proportional representation on the Committee, (8/10) • I be weighted as d,:: below. All ten members shall be elected by their individual towns, as prescribed in Paragraph B. below. B. Election of Members. In every year in which the term of office of an elected Committee member expires, the member town concerned shall, at its annual election, elect one member to serve for a term of three years. The Nauset Regional School District shall consist of four member towns, each of which shall elect representatives to serve for three year terms as three year term. At the annual town elections in 2002 Brewster and Orleans shall elect one member each for member each, for terms of three years. At the 2001 elections, Brewster shall elect two The terms of all such elected members shall commence upon such elected member becoming duly qualified by having taken such member's oath of office on or after the day following their election and continue for the term for which t esuch member is elected and thereafter until their successor iss-a-re elected anddul)„, qualified by having taken such successor's oath of 1 office. required to eleca member each town shall elect such member to serve on the Committee for a term of three years commencing on the day following such election, C. Holding Office/Vacancies. In the event that any then serving member of the Committee shall be unable to continue to serve in such office due to death, resignation, relocation of residence from the member town which such Committee member represents, or lawful removal from office, such event shall be deemed to create a vacancy thereunder. In the event that any newly elected or appointed member shall fail to qualify for office due to death or declination to serve or refusal to take the oath of office, such failure to qualify shall be deemed to create a vacancy hereunder. Each member shall hold office -during his term and thereafter until the appointment, his successor. If a vacancy occurs -exists, within thirty (30) days, the Select Boardrnen of the member town cof town -s-: f -t -he district-invG—v-&1 shall appoint a member to serve until the next annual or special town election and at such election, a successor to serve for the balance of the unexpired term, if any, shall be elected. All Committee members shall serve until their respective successors are elected or appointed and qualified. D. Officers of the Committee. Annually, at the first meeting of the Committee held on or after July lent and qualification -of its members, the C<_ommittee shall organize and choose by ballot a chairpersonman and vice -chairperson ran from its own membership. At the same meeting or at any other meeting the Committee shall appoint a treasurer and secretary who may be the same person but who need not be members of the Committee, choose such other officers as it deems advisable, determine the terms of office of its officers (except the Chair and Vice-Chair.:ersonrnan who shall be elected annually as provided above) and prescribe the powers and duties of any of its officers, fix the time and place for its regular meetings, and provide for the calling of special meetings. E. Powers and Duties. The Committee shall have all the powers and duties conferred and imposed upon such school committees by law and conferred and imposed upon it by this Agreement, and such other additional powers and duties as are specified in M.G.L. Chapter 71, Sections 16 to 161 inclusive, and any amendments thereof and additions thereto, now or hereafter enacted, or as may be specified in any other general law or in any applicable special law. F. Voting and Quorum. in In accordance with M.G.L. Chapter 71, Section 14E(4), as amended, to achieve proportional representation on the Committee, upon the last to occur of the acceptance of this Agreement by all member towns by vote at town meetin and the acceptance of this Agreement by the Commissioner of Elementary and Secondary Education {the "Commissioner"), on all issues requiring a vote of the Committee, the Committee members from the Town of Brewster shall each cast a weighted vote with a value of 1.0; the Committee members from the Town of Eastham shall each cast a weighted vote with a value of 1.1; the Committee members from the Town of Orleans shall each cast a weighted vote with a value of 0.8; and the Committee member from the Town of Wellfleet shall cast a weighted vote with a value of 1.4; such weighted votes being based on the relative resident populations as required by Massachusetts law utilizing the 2020 Federal census figures calculating the population for each of the member towns. 2 M The weight of the votes of the Committee members from each member town shall be re- evaluated and if necessary, reset, by the Committee every ten (10) years within one ear after the initial release of population data from each Federal decennial census, with the weight of votes of Committee members to be based on such most recent Federal decennial census data. The weighted votes of the Committee members from each town shall be in proportion to the population of the member town compared to the population of all member towns of the District combined, so that the actual weighted vote of the individual members of the Committee from each member town, expressed in tenths, is as nearly equal to one (1) vote per Committee member as possible while still ensuring that the largest percentage deviation between any two member towns in the numerical variance of each member town from the ideal representation figure for the District falls within a deviation of 10.0%. The resetting of the weight of the votes of the elected members of the Committee which will come from each member town shall not be viewed as an amendment to the Regional Agreement. The weighted votes of the Committee members of a particular member town shall be equal in weight. The vote of any Committee member appointed to fill a vacancy pursuant to Section I (C) shall bear the same weight as the vote of the Committee member whose vacant seat was filled by such appointment. J The quorum of the Committee for the transaction of business shall be arnajority of the total weighted vote for all Committee members, but a lesser number may adjourn. An affirmative majority ortne total weighted vote for all Committee members present and voting shall be required to pass any motion or act upon any other business of the Committee which requires a majority vote. An affirmative two-thirds (2/3) of the total weighted vote for all Committee members present and voting shall be required to pass any motion that requires a two-thirds vote, provided however, that two-thirds (2/3) of the total weighted vote for all Committee members, whether or not present and voting, shall be required to adopt a budget under Sections IX A and B, to vote to utilize the indebtedness approval method set forth at M.G.L. Chapter 71_, Section 16 (n) under Section XIII of this Agreement and for any other business which by law requires a vote of two-thirds of all of the members of the Committee. SECTION II Types of Regional District Schools The regional district schools shall consist of facilities to serve the needs of grades six through twelve. The Committee is hereby authorized to establish and maintain state -aided vocational education, acting as trustees therefore, in accordance with the provisions of Chapter 74 of the M.G.L. and Acts amendatory thereto or dependent thereon, if the Committee deems it desirable. SECTION III Locations of Regional District Schools 3 The regional district schools shall be located within the district and in the general are_ within a five -mile radius from the intersection of Mid -Cape Highway (Route 6) and Samoset Road (in Eastham). SECTION IV Apportionment and Payment of Costs Incurred by the District A. A, —Incompliance with 603 Code of Massachusetts Regulations ("CMR") 10.03(3), as amended, the District shall adopt and consistently use for all accounting purposes, the Chart of Accounts, as amended, established and maintained by the Massachusetts Department of Elementary and Secondary Education or its successor ("DESE"). District budgets shall be consistently prepared using the line items and associated definitions described in said Chart of Accounts. B. For the purpose of apportioning assessments levied by the D4istrict against the member towns, costs shall be divided into two categories, apital osts and perating Ceosts. C. D. 44 ---Capital Ceosts shall include all expenses in the nature of capital outlay, including without limitation all expense may be amended from time to time, such as the cost of acquiring land, the cost of constructing, reconstructing and adding to buildings, and the cost of remodeling or making extraordinary repairs to a school building or buildings, including without limitation the cost of the original equipment and furnishings for such buildings or additions, plans, architects' or consultants' fees, costs ofsewer systems ,raid sewage treatment or disposal lobes or the cost of purchase or use of such systt F : :vith grading and other items incidental to placing school buildings and additions and related premises in operating condition and the cost of any other capital asset or outlay which the District may acquire or any other costs (whether or not so financed) for which the istrict is or may be authorized to borrow by statutoor to finance by the issue of bonds special law now h -re . Capital osts shall also include payment of principal and interest on bonds or other obligations issued by the istrict to finance foregoing, : osts. Capital osts represented by debt service shall be apportioned as capital costs of the year in which the debt service falls due. E. F. —Operating Costs shall include all costs not included in Csapital Ceosts as defined in Section IV (CR), including without limitation costs such as salaries, wage, tests, repair and maintenance expenditures, but including interest on temporary notes issued by the D4istrict=, in anticipation of revenue and other costs incurred in the day-to-day operation of the schools. G. H. O. -Payment of all Ccapital Costs in any fiscal year shall be apportioned among the member towns based on the ratio which that member town's Student Enrollment (defined in Paragraph E, below), calculated on the basis of the member town's combined three-year rolling average of Student Enrollment for grades 6 —12, bears_to the total Student 4 Enrollment for all member towns in the District, calculated on the basis of a combined three-year rolling average of Student Enrollment for grades 6 - 12 for all member towns. Operating Costscxpense of each fiscal year shall be apportioned to the member towns_ based on the Alternative Assessment Method as calculated and outlined in subsection (1), below, or based on the Statutory Assessment Method as defined in 603 CMR 41.00, calculated as set forth in subsection (2 below. The Committee will have the option to vote the Alternative Assessment Method or the Statutory_Assessment Method each ear. (1) Alternative Assessment Method: (a) Each member town's share of Operating Costs for each fiscal year shall an the basis of the ratio which that member town's Student Enrollment (defined in Paragraph E, below), calculated on the basis of the member town's combined three-year rolling average of Student Enrollment for grades 6 — 12, bears to the total Student Enrollment for all member towns in the District, calculated on the basis of a combined three-year rolling average of Student Enrollment for grades 6 —12 for all member towns. their respective enrollments in the regional district schools, and, on October 1 of the preceding fiscal year. (b) Use of the Alternative Assessment Method must be approved by all member towns in each fiscal year in which it is utilized. (2) Statutory Assessment Method. (a) The apportionment of Operating Costs for each member town for each fiscal year will be the sum of the following: (0 the member town's required local contribution to the District as defined in M.G.L. Chapter 70, Section 2 and determined by the Commissioner; (ii) the member town's share of that portion of net school spending as defined in M.G.L. Chapter 70, Section 2 that exceeds the total of the required local contribution for all member towns; and (iii) the member town's share of costs for transportation and all other expenditures (exclusive of Capital Costs as defined in Section IV C,_above) that are not included in the District's net school spending. (b) A member town's share of subsection 2 (a)(ii) and 2 (a)(iii) above will be based on the ratio which that member town's combined three-year rolling average of Student Enrollment for grades 6 —12, bears to the total Student Enrollment for all member towns in the District, calculated on the basis of a combined three-year rolling average of Student Enrollment for grades 6 — 12 for all member towns. J. For purposes of defining Student Enrollment related to assessments, Student Enrollment shall be defined as the number of residents of the member town who, as of October 1 of the applicable year(s), are attending any of the following (1) the schools of the District, (ii) publicly -funded charter schools, and (iii) other public schools of choice (which includes but is not limited to resident students attend other public schools pursuant to School Choice, resident students attending a special education collaborative, and resident students attending other special education schools and settings, but excludes resident students attending regional vocational school districts in which the member towns are members). Student Enrollment in the schools of the District shall be calculated using figures published by DESE in its October 1 District Enrollment Report x2 for the three preceding fiscal years. 5 Student Enrollment in publicly -funded charter schools and other public schools of choice shall be calculated using figures published by DESE in its October 1 Foundation Enrollment Report 3 for the three preceding fiscal years. K. Each member town shall pay its proportionate share of the apital Costs and Oaperating Costscxpense to the regional school D+district in each fiscal year in four equal installments on or about the first days of September, December, March and June, such schedule to be set by mutual agreement of the Boards of Selectmen of the member towns, and the School Committee. If mutual agreement cannot be reached, the payments shall be due on the first days of those months. L.' The District will maintain a so-called 'Excess and Deficiency Fund" which shall be administered consistent with directives from the Massachusetts Department of Revenue and consistent with the terms of M.G.L. Chapter 71, Section 168 Y2, as it may be amended. SECTION V Transportation School tTransportation of all studentpHai1s to and from the regional district schools of the District shall be furnished by the-TII i-o c eal D istrict according to MI.G.I.. Chapter 71, Section 16C as amended, and the cost thereof shall be apportioned among the member towns as an annual Operating Cost pursuant to Section IV F. SECTION VI Admission of Additional Towns A. By an amendment of this , agreement adopted under and in accordance with Section VIII below, any other town or towns may be admitted to the Dregional school istrict upon adoption as herein provided of such amendment and upon acceptance by the town or towns seeking admission of the greement as so amended, and also upon compliance with such provisions of law as may be applicable, including but not limited to 603 CMR 41.05(6) d: amended, and such terms as may be set forth in such amendment. Notwithstanding the timeline and effective date outlined in Section VIIIB and Section VIII C, a new member town may only be admitted at the beginning of a fiscal year, effective on July 1 of that fiscal year, and only if the approval of all member towns and the Commissioner has been obtained on or before the preceding December 31E. The authorizing votes of the member towns may provide for the deferral of said admission until July 1 of a subsequent fiscal year. B. Upon admission of a new member town to the District, assessmentsleviedagainst the other member towns by the District to meet Capital Costs as defined in Section IV C shall be reapportioned, the terms of reapportionment to be stipulated in the amendment to this Agreement by which the newly admitted member town is admitted to the District. 6 C. The newly admitted member town shall pay to the District its share, as determined in Section VI B. and VI C. of this Agreement, of the funded indebtedness of the District already retired. For thepurpose of this calculation such funded retired indebtedness shall be deemed to be the difference between (1) the original Capital Costs incurred by the District plus any subsequent Capital Costs, exclusive of interest and the total state construction grant, if any, depreciated at the rate of 2 Percent per year, and (2) that part of Capital Costs as yet unpaid less that part of the state construction grant not yet received. Such share of the newly admitted member town shall be paid over the remaining scheduledperiod for repayment of such indebtedness, in four egual installments, to be paid not later than the twentieth of March, June, September, and December in each year during this remaining period of indebtedness. Payments thus made toward retired indebtedness shall be credited to the other member towns comprising the District in amounts proportionate to the share of those same Capital Costs that each of those other member towns paid in the past. SECTION VII SeparationVv itndrawal The withdrawal of a member town from the District may be effected by an amendment to this Agreement in the manner hereinafter provided by this Section. A member town seeking to withdraw shall, by vote at an annual or special town meeting, request the Committee to draw up an amendment to this Agreement setting forth the terms by which such member town may withdraw from the District. If the Committee fails to draw up such a proposed amendment, the member town may prepare such a proposed amendment and submit it to the Committee pursuant to Section VIII B, hereinafter; provided however, that any such proposed amendment shall incorporate all terms of withdrawal set forth in this Section kill. B. The clerk of the member town seeking to withdraw, within seven (7) days of the vote of the annual or special town meeting requesting the Committee to draw up an amendment to this Agreement for the purpose of withdrawal of such member town, shall notify the Committee chairperson and the District's superintendent of schools in writing of such vote and shall provide a certified copy of the vote with such notification. Thereupon, the Committee shall draw up an amendment to this Agreement consistent with the terms and provisions of this Section VII and setting forth such other terms of withdrawal as the Committee deems advisable, subject to the limitations contained in Section VIII A. The Secretary of the Committee shall mail or deliver a notice in writing to the Select_ Board of each member town that the Committee has drawn up an amendment to this Agreement providing for the withdrawal of a member town and enclosing with such notice a copy of such proposed amendment. The Select Board of each member town shall include an article statingthe amendment in the warrant for the next annual or special town meeting of the Town. C. No less than two (2) full years prior to the desired date of withdrawal, the member town seeking to withdraw, in addition to the other requirements referred t o in Paragraphs A and B above, will submit to the Commissioner and to the District a "Long Range Education Plan" consistent with 603 CMR 41.02 (2). The Lon Range Education Plan will address, in addition to any other factor required by the Commissioner, the following: the expected educational benefits of reorganization; the current and projected enrollments; an inventory of all educational facilities under the jurisdiction of the member town and under the jurisdiction 7 of the District and construction efficiencies, if any; the proposed administrative structure; the fiscal ramifications of the withdrawal upon the withdrawing town as well as the other member towns in the District; the geographical and physical characteristics of the area; and the effect that withdrawal will have on student transportation. D. Said petitioning town shall cease to be a member town only if the Committee's proposed amendment to this Agreement is approved by the Committee, and accepted by the petitioning town and each of the other member towns, and by the Commissioner, acceptance by the petitioning town and by the other member towns to be by majority vote at an annual or special :own meeting and approval by the Committee to require a majority vote. Such withdrawal shall become effective no earlier than one full year after the last to occur of the following events: the town meeting vote of the withdrawing town as described in Paragraph A, above completion of the approval of the proposed amendment to this Agreement by the Committee, the member towns (including the withdrawing member town), and the Commissioner; and the submittal of a long range education plan consistent with Paragraph C, above. Any such withdrawal shall become effective only at the beginning of a fiscal year of the District. The authorizing votes of the member towns may provide for the deferral of said withdrawal until July 1 of a subsequent fiscal year. E. to me tipulated ,ei ndm nt t„ tha reament F. In addition to other terms and requirements which the Committee may include in the proposed amendmentprovided (-1) tha'_ the member town seeking to withdraw (1) shall have paid over to the District or remain liable for any unpaid operating costs which it became liable as a member of the Dlss +t , which have been certified by the Dcistrict treasurer to the treasurer of the withdrawing town the full amount so certified for the year in which such withdrawal takes effect, (2) shall remain liable to and shall continue to make payments to the istrict for its share of the indebtedness, other than temporary indebtedness incurred in anticipation of revenue, of the istrict outstanding at the time of such withdrawal, and for interest thereon, to the same extent and in the same manner as though the town had not withdrawn from the D1istrict, (3) shall remain liable to and shall continue to make a mesuts tc the District for its share of such other liabilities incurred by the District during all times that the withdrawing member town was a member of the District (e.g., Other Post -Employment Benefits ("OPEB") ) as determined by the Committee; and (4) shall have paid to the District the costs, including legal fees, that accrue to the District as a result of the withdrawal, provided that the withdrawing member town's responsibility for such continuing obligations as set forth in clauses (2) and (3) of this Paragraph E shall be reduced by any amount which such withdrawing member town has paid over at the time of withdrawal and which has been applied to the payment of such indebtedness, such other liabilities incurred during the period that the withdrawing member town was a member of the District, including without limitation, OPEB, or interest, and further provided that except that (1) where any portion of such liability is computed on the basis of pupil enrollment, such portion shall be assessed as if the withdrawing town had the same pupil enrollment in each grade each year as it had on the October 1 preceding its withdrawal, and (ii) such liability shall be reduced by any herd to 14e .-F, inrlebterines ar interact. The Committee's proposed amendment may condition withdrawal upon the irrevocable deposit by the withdrawing 8 member town, in trust in the name of the District, of funds in an amount sufficient to meet such responsibilities pursuant to Paragraph F, below G. H. 8--. A member town that chooses to withdraw from the District shall not be entitled to any pro rata share of any assets of the District. J. E: Money received by the Dslistrict from the withdrawing town for payment of funded indebtedness, OPEB, such other liabilities incurred by the District during all times that the withdrawing member town was a member of the District or interest thereon shall be used for this purpose only, and until so used shall be deposited in trust in the name of the istrict with a bank or trust company having its principal office in Massachusetts having a combined capital and surplus of not less tha $5,000,000, L. —Upon the effective date of withdrawal the terms of office of all Committer members serving on the Committee from the withdrawing town shall terminate and the total membership of the Committee, as provided in Section IA, shall be decreased accordingly and the quorum and voting; vveight of the remaining Committee members shall be recalculated_ to comply with the formula set forth at Section I F, above, and the weighted votes redistributed accordingly, all to be set forth in the amendment of this Agreement made at such time. SECTION VIII Amendments A. This greement may be amended from time to time in the manner hereinafter provided, but no such amendment shall be made which shall substantially impair the rights of the holders of any bonds or notes or other indebtedness of the istrict then outstanding, or the rights of the istrict to procure the means for payment thereof, provided that nothing in this section shall prevent the admission of a new town or town to the district and the reapportionment accordingly of capital costs of the D4istrict or of bonds or nol,, evidence of indebtedness of the District that were issued to finance capital expenses then outstanding and of interest thereon. B. Ara proposal for amendment, except a proposal for amendment providing for the withdrawal w,vhich shall be acted upon as provided in Section VIII may be initiated by (i) a signed petition bearing the signatures of ten (1.0:;,.) per cent of the registered voters of any one of the member towns, which contains, at the end thereof, a certification by the town clerk of the respective member town as to the number of signatures on the petition that appear to be narnes of registered voters from that town, submitted by the petitioners to the : the Committee or by NO a vote of any town meeting of any member town or (i ii , a majority of all the members of the regional district school Ccommittee. in the case of aAny such proposal for amendment pursuant to Section VIII B (ii), the town clerk of the applicable member town shall forthwith deliver a copy of such town meeting vote shall be presented to the secretary of the Committee. In each case, the secretary of the Committee 4A -shall forthwith: mail or deliver a notice in writing 9 to the Board of Sel-tm -Select Board of each of the member towns that a proposal to amend this A. greement has been received and shall enclose a copy of such proposal (without the signatures in the case of a proposal by petition), such vote proposing the amendment, anda copy of the proposed amendment. C. The Select Boardxe€ in each member town shall include in the warrant for the next annual meeting or a special town meeting called for the purpose, an article stating the proposed amendment proposal or the s+absta c in the case of amendments resulting from the addition of a new member, which shall become effective as set forth in Section XI, sSuch amendment shall take effect upon its acceptance by each member town, acceptance by each member town to be by a majority vote at a town meeting as aforesaid, and only after approval of the Commissioner in the manner herein bone n oyided Should the amendment impact the budget, said amendment will only take effect on the first July 1 which falls after acceptance by all of the member towns and receipt of approval of the Commissioner andonl when there has been sufficient advanced time to prepare the budget and assessments in accordance with the new procedure set forth in such amendment. All amendments must be approved by the Commissioner. SECTION IX Budget A. At the opening of each academic year, tThe Committee shall as promptly as practicable, proceed to determine the amounts necessary to be raised to maintain and operate the regicr Fcc for to fiscal year and the amount required for the payment of debt and interest incurred by the District which will be due in said year, and shall prepare a tentative adopt an annual maintenance and operating budget containing all proposed operating expenditures, capital expenditures and debt service payments to be paid from general revenues of the District and using with consistency the line items and associated definitions described in the Chart of Account, as amended, established and maintained by DESE. The budget shall identify each separate revenue source, and the amount estimated for each revenue source; shall specify whether member town assessments are to be calculated pursuant to the statutory assessment method or the alternative assessment method then provided for in the regional agreement, if any; and shall specify the total amounts to be assessed to the member towns for the support of the budget. All non -recurring expenditures shall be itemized. This tentative operating budget shall be itemized in such further detail as the Committee may deem advisable -for aid -year. Such tentative operating budget shall be approved by a majority of the members of the Committee. The Committee shall then submit copies to the Chairperson of the Finance or Advisory Committee of each member town, or if there is no Finance or Advisory Committee in a member town, to the chairman of the Board of Selectmen Select Board of such member town, for their consideration at least thirty j30) daysprior to the date on which the final operating and capital budget is adopted by the Committee and at least ^ 5 ay ^ ^r *^ the carlicst business session of any member's annual town meeting. B. The Committee shall hold a budget hearing consistent with M.G.L. Chapter 71, Section 38N, as amended, annually on its proposed annual budget not less than seven days after publication of a notice thereof in a newspaper having general circulation in the region. 10 Following the public hearing on the proposed budget, the Committee may make any such modifications to its proposed budget as it may deem necessary or desirable before voting to adopt a final operating and maintenance budget. C. Following such hearing, the Committee shall adopt a final budget by a two-thirds (%) weighted vote of all its members, incorporating such changes from the proposed budget that the Committee has deemed appropriate. Said adoption of a final budget will occur not later than forty-five (45) days prior to the earliest date on which the business section of the annual town meeting of any member town is to be held, but in no event later than March 31 (provided that said budget need not be adopted earlier than February 1). D. The budget and assessments shall be so constructed to show debt service, transportation, operating, and capital costs. It shall also list all sources of revenue used to reduce operating costs; The Committee shall apportion the annual budget in accordance with the provisions of Section IV. E. The amount so apportioned for each town shall be certified in accordance with Section 16B of Chapter 71 of the General Laws M.C.L. and within thirty (30) days from the date on which the budget is adopted, and in no event later than April 30, by -the Ddistrict treasurer shall certify to the treasurers of each of the member towns that town's assessed share of such budget. F. The annual budget, as adopted by the Committee, and the member town's assessment as certified by the Treasurer of the District shall be placed before each local appropriating authority for its consideration. The annual budget, as adopted by the Committee shall require the approval of two-thirds (%) of the member towns by an affirmative vote of the appropriating authorities for such member towns. A vote by the local appropriating authority to appropriate the member town's assessment shall constitute approval of the District's budget. The District budget, so approved, shall be apportioned among the member ;ccc• -nce th the terms of Section IV E. and Section IV F. Eand-each town shall appropriate the amounts so certified and such amounts shall be paid in accordance with rnent. SECTION X Tuition StudentPupils A. The District shall accept all students who reside in any member town of the District who have completed the fifth grade. B. Any student residing in a member town who is desirous of attending a trade or vocational school outside the District shall have all the privileges of attending such a school as are now or may be hereafter provided for by law, provided however, that the cost of tuition for attending such a school and the cost of transportation, to the extent required by law shall be paid by the member town of the student's residence and shall not be included in the District's budget or assessed to the member towns as an Operating Cost or Capital Cost. 11 C. The Committee may accept for enrollment in the regional district school students from towns other than the member towns on a tuition bases and on such terms as it may determine. Income received by the District with respect to tuition students may be deposited into an approved revolving account and expended by the Committee without further appropriation by the member towns. SECTION XI Annual Report A. The Committee shall submit to each of the member towns an annual report, in sufficient time for inclusion in the annual reports of said member towns. This annual report shall include a detailed financial statement showing the methods by which each member town's share of the annual charges assessed against each member town, including without limitation operating and capital costs, were computed, together with such additional information relating to the operation and maintenance of such school as may be deemed necessary by the Committee or by the Select Board of any member town. B. The Committee shall conduct an annual independent financial audit and receive the audit report in public session. Copies of the audit report shall be provided within ten (10) days to the Select Board of each member town, to the school committees of each member town, and to such other officers of the member towns and the District as may be required by law. SECTION XII Review of Regional Agreement Recognizing_that circumstances often change over time, and intending that this Agreement should continue to serve the best interests of the member towns, the Committee should, at five year intervals, review the need to establish an ad hoc study group composed of knowledgeable persons to study the Agreement and report to the Committee as to whether or not any changes to this Agreement might be beneficial in light of then prevailing conditions. The Committee shall give any such ad hoc study group's report_due consideration, but may exercise its own discretion as to whether or not it will implement any of the group's recommendations. SECTION XIII Incurring of Debt The District may borrow under M.G.L. Chapter 71, Section 16(d) and any other applicable general or special law now or hhereafter in effect. Pursuant to M.G.L. Chapter 71, Section 16(d), not later than seven days after the date on which the Committee authorizes the incurring of debt, other than temporary debt in anticipation of revenue to be received from any source, written notice of the date of said authorization, the sum authorized, and the general purpose or purposes for authorizing such debt, shall be given to the Select Board for each member town. No debt may be incurred until authorized in accordance with M.G.L. Chapter 71, Section 16(d) or pursuant to the provisions of any other applicable general or special law now or hereafter in effect. Notwithstanding the provision of this Section XIII, the Committee may, by a vote of two-thirds of all its members, require that the approval of any particular 12 authorized issue of indebtedness shall be by the registered voters of the member towns pursuant to the provisions of M.G.L. Chapter 71, Section 16(n) rather than pursuant to theprovisions of M.G.L. Chapter 71, Section 16 (d). School Committee Signatures: Date: Date: Date: Date: Date: Date: Date: Date: Date: jgnature of Commissioner of Elementa and Secondary Education: Date: 13 NAUSET REGIONAL SCHOOL DISTRICT AGREEMENT The agreement for the establishment of the Nauset Regional School District, as heretofore amended, is hereby further amended and restated to read as follows: This Agreement is entered into pursuant to Chapter 71 of the General Laws of Massachusetts ("M.G.L."), as amended, among the Towns of Brewster, Eastham, Orleans and Wellfleet, Massachusetts (hereinafter sometimes referred to as the "member towns") for the purpose of establishing a regional school district and setting forth the terms and conditions for its operation. The regional school district shall be called the Nauset Regional School District (hereinafter sometimes referred to as "District"). This amendment and restatement is made pursuant to Section VIII of the original regional agreement, as previously amended, by amending and restating the regional agreement in its entirety. The provisions of this restatement supersede any contrary or inconsistent provisions of the original regional agreement and any contrary or inconsistent provisions of any amendments prior to this amendment and restatement. In consideration of the mutual promises herein contained, it is hereby agreed as follows: SECTION I The Regional District School Committee A. Number of Members. The powers and duties of the District shall be vested in and exercised by a District School Committee (hereinafter sometimes referred to as the "Committee"). The Committee shall consist of ten members, four being residents of the Town of Brewster, three being residents of the Town of Orleans, two being residents of the Town of Eastham, and one being a resident of the Town of Wellfleet. To achieve proportional representation on the Committee, votes by the members shall be weighted as described in Paragraph F. below. All ten members shall be elected by their individual towns, as prescribed in Paragraph B. below. B. Election of Members. In every year in which the term of office of an elected Committee member expires, the member town concerned shall, at its annual election, elect one member to serve for a term of three years. The terms of all such elected members shall commence upon such elected member becoming duly qualified by having taken such member's oath of office on or after the day following their election and continue for the term for which such member is elected and thereafter until their successor is duly qualified by having taken such successor's oath of office. C. Holding Office/Vacancies. In the event that any then serving member of the Committee shall be unable to continue to serve in such office due to death, resignation, relocation of residence from the member town which such Committee member represents, or lawful removal from office, such event shall be deemed to create a vacancy hereunder. In the event that any newly elected or appointed member shall fail to qualify for office due to death or declination to serve or refusal to take the oath of office, such failure to qualify shall be deemed to create a vacancy hereunder. If a vacancy occurs, within thirty (30) days, the Select Board of the member town concerned shall appoint a member to serve until the next annual or special town election and at such election, a successor to serve for the balance of the unexpired term, if any, shall be elected. All Committee members shall serve until their respective successors are elected or appointed and qualified. 1 D. Officers of the Committee. Annually, at the first meeting of the Committee held on or after July 1, the Committee shall organize and choose by ballot a chairperson and vice -chairperson from its own membership. At the same meeting or at any other meeting the Committee shall appoint a treasurer and secretary who may be the same person but who need not be members of the Committee, choose such other officers as it deems advisable, determine the terms of office of its officers (except the Chairperson and Vice -Chairperson who shall be elected annually as provided above) and prescribe the powers and duties of any of its officers, fix the time and place for its regular meetings, and provide for the calling of special meetings. E. Powers and Duties. The Committee shall have all the powers and duties conferred and imposed upon such school committees by law and conferred and imposed upon it by this Agreement, and such other additional powers and duties as are specified in M.G.L. Chapter 71, Sections 16 to 161 inclusive, and any amendments thereof and additions thereto, now or hereafter enacted, or as may be specified in any other general law or in any applicable special law. F. Voting and Quorum. L11 In accordance with M.G.L. Chapter 71, Section 14E(4), as amended, to achieve proportional representation on the Committee, upon the last to occur of the acceptance of this Agreement by all member towns by vote at town meeting and the acceptance of this Agreement by the Commissioner of Elementary and Secondary Education (the "Commissioner"), on all issues requiring a vote of the Committee, the Committee members from the Town of Brewster shall each cast a weighted vote with a value of 1.0; the Committee members from the Town of Eastham shall each cast a weighted vote with a value of 1.1; the Committee members from the Town of Orleans shall each cast a weighted vote with a value of 0.8; and the Committee member from the Town of Wellfleet shall cast a weighted vote with a value of 1.4; such weighted votes being based on the relative resident populations as required by Massachusetts law utilizing the 2020 Federal census figures calculating the population for each of the member towns. ll The weight of the votes of the Committee members from each member town shall be re- evaluated, and if necessary, reset, by the Committee every ten (10) years within one year after the initial release of population data from each Federal decennial census, with the weight of votes of Committee members to be based on such most recent Federal decennial census data. The weighted votes of the Committee members from each town shall be in proportion to the population of the member town compared to the population of all member towns of the District combined, so that the actual weighted vote of the individual members of the Committee from each member town, expressed in tenths, is as nearly equal to one (1) vote per Committee member as possible while still ensuring that the largest percentage deviation between any two member towns in the numerical variance of each member town from the ideal representation figure for the District falls within a deviation of 10.0%. The resetting of the weight of the votes of the elected members of the Committee which will come from each member town shall not be viewed as an amendment to the Regional Agreement. The weighted votes of the Committee members of a particular member town shall be equal in weight. The vote of any Committee member appointed to fill a vacancy pursuant to Section 1 (C) shall bear the same weight as the vote of the Committee member whose vacant seat was filled by such appointment._ 2 ll The quorum of the Committee for the transaction of business shall be a majority of the total weighted vote for all Committee members, but a lesser number may adjourn. An affirmative majority of the total weighted vote for all Committee members present and voting shall be required to pass any motion or act upon any other business of the Committee which requires a majority vote. An affirmative two-thirds (2/3) of the total weighted vote for all Committee members present and voting shall be required to pass any motion that requires a two-thirds vote, provided however, that two-thirds (2/3) of the total weighted vote for all Committee members, whether or not present and voting, shall be required to adopt a budget under Sections IX A and B, to vote to utilize the indebtedness approval method set forth at M.G.L. Chapter 71, Section 16 (n) under Section XIII of this Agreement, and for any other business which by law requires a vote of two-thirds of all of the members of the Committee. SECTION II Types of Regional District Schools The regional district schools shall consist of facilities to serve the needs of grades six through twelve. The Committee is hereby authorized to establish and maintain state -aided vocational education, acting as trustees therefore, in accordance with the provisions of Chapter 74 of the M.G.L. and Acts amendatory thereto or dependent thereon, if the Committee deems it desirable. SECTION ID Locations of Regional District Schools The regional district schools shall be located within the district and in the general area within a five -mile radius from the intersection of Mid -Cape Highway (Route 6) and Samoset Road (in Eastham). SECTION IV Apportionment and Payment of Costs Incurred by the District A. In compliance with 603 Code of Massachusetts Regulations ("CMR") 10.03(3), as amended, the District shall adopt and consistently use for all accounting purposes, the Chart of Accounts, as amended, established and maintained by the Massachusetts Department of Elementary and Secondary Education or its successor ("DESE"). District budgets shall be consistently prepared using the line items and associated definitions described in said Chart of Accounts. B. For the purpose of apportioning assessments levied by the District against the member towns, costs shall be divided into two categories, Capital Costs and Operating Costs. C. Capital Costs shall include all expenses in the nature of capital outlay, including without limitation all expenses as outlined in M.G.L. Chapter 71, Section 16(d) as it may be amended 3 from time to time, such as the cost of acquiring land, the cost of constructing, reconstructing and adding to buildings, and the cost of remodeling or making extraordinary repairs to a school building or buildings, including without limitation the cost of the original equipment and furnishings for such buildings or additions, plans, architects' or consultants' fees, costs of sewer systems and sewage treatment or disposal or disposal facilities or the cost of purchase or use of such systems with a municipality, grading and other items incidental to placing school buildings and additions and related premises in operating condition and the cost of any other capital asset or outlay which the District may acquire or any other costs (whether or not so financed) for which the District is or may be authorized to borrow or to finance by the issue of bonds under any applicable general or special law now or hereafter in effect. Capital Costs shall also include payment of principal and interest on bonds or other obligations issued by the District to finance Capital Costs. Capital Costs represented by debt service shall be apportioned as capital costs of the year in which the debt service falls due. D. Operating Costs shall include all costs not included in Capital Costs as defined in Section IV (C), including without limitation costs such as salaries, wages, supplies, tests, repair and maintenance, expenditures, interest on temporary notes issued by the District in anticipation of revenue and other costs incurred in the day-to-day operation of the schools. E. Capital Costs in any fiscal year shall be apportioned among the member towns based on the ratio which that member town's Student Enrollment (defined in Paragraph E, below), calculated on the basis of the member town's combined three-year rolling average of Student Enrollment for grades 6 —12, bears to the total Student Enrollment for all member towns in the District, calculated on the basis of a combined three-year rolling average of Student Enrollment for grades 6 —12 for all member towns. F. Operating Costs of each fiscal year shall be apportioned to the member towns based on the Alternative Assessment Method as calculated and outlined in subsection (1), below, or based on the Statutory Assessment Method as defined in 603 CMR 41.00, calculated as set forth in subsection (2) below. The Committee will have the option to vote the Alternative Assessment Method or the Statutory Assessment Method each year. (1) Alternative Assessment Method: (a) Each member town's share of Operating Costs for each fiscal year shall on the basis of the ratio which that member town's Student Enrollment (defined in Paragraph E, below), calculated on the basis of the member town's combined three-year rolling average of Student Enrollment for grades 6-12, bears to the total Student Enrollment for all member towns in the District, calculated on the basis of a combined three-year rolling average of Student Enrollment for grades 6 —12 for all member towns. (b) Use of the Alternative Assessment Method must be approved by all member towns in each fiscal year in which it is utilized. (2) Statutory Assessment Method. (a) The apportionment of Operating Costs for each member town for each fiscal year will be the sum of the following: (i) the member town's required focal contribution 4 to the District as defined in M.G.L. Chapter 70, Section 2 and determined by the Commissioner; (ii) the member town's share of that portion of net school spending as defined in M.G.L. Chapter 70, Section 2 that exceeds the total of the required local contribution for all member towns; and (iii) the member town's share of costs for transportation and all other expenditures (exclusive of Capital Costs as defined in Section IV C, above) that are not included in the District's net school spending. (b) A member town's share of subsection 2 (a)(ii) and 2 (a)(iii) above will be based on the ratio which that member town's combined three-year rolling average of Student Enrollment for grades 6 — 12, bears to the total Student Enrollment for all member towns in the District, calculated on the basis ofa combined three-year rolling average of Student Enrollment for grades 6 —12 for all member towns. G. For purposes of defining Student Enrollment related to assessments, Student Enrollment shall be defined as the number of residents of the member town who, as of October 1 of the applicable year(s), are attending any of the following (i) the schools of the District, (ii) publicly -funded charter schools, and (iii) other public schools of choice (which includes but is not limited to resident students attend other public schools pursuant to School Choice, resident students attending a special education collaborative, and resident students attending other special education schools and settings, but excludes resident students attending regional vocational school districts in which the member towns are members). Student Enrollment in the schools of the District shall be calculated using figures published by DESE in its October 1 District Enrollment Report x2 for the three preceding fiscal years. Student Enrollment in publicly -funded charter schools and other public schools of choice shall be calculated using figures published by DESE in its October 1 Foundation Enrollment Report 3 for the three preceding fiscal years. H. Each member town shall pay its proportionate share of the Capital Costs and Operating Costs to the District in each fiscal year in four equal installments on or about the first days of September, December, March and June, such schedule to be set by mutual agreement of the Select Boards of the member towns, and the School Committee. If mutual agreement cannot be reached, the payments shall be due on the first days of those months. The District will maintain a so-called "Excess and Deficiency Fund" which shall be administered consistent with directives from the Massachusetts Department of Revenue and consistent with the terms of M.G.L. Chapter 71, Section 16B %, as it may be amended. SECTION V Transportation School transportation of all students to and from the schools of the District shall be furnished by the District according to M.G.L. Chapter 71, Section 16C as amended, and the cost thereof shall be apportioned among the member towns as an annual Operating Cost pursuant to Section IV F. SECTION VI 5 Admission of Additional Towns A. By an amendment of this Agreement adopted under and in accordance with Section VIII below, any other town or towns may be admitted to the District upon adoption as herein provided of such amendment and upon acceptance by the town or towns seeking admission of the Agreement as so amended, and also upon compliance with such provisions of law as may be applicable, including but not limited to 603 CMR 41.05(6) as amended, and such terms as may be set forth in such amendment. Notwithstanding the timeline and effective date outlined in Section VIII B and Section VIII C, a new member town may only be admitted at the beginning of a fiscal year, effective on July 1 of that fiscal year, and only if the approval of all member towns and the Commissioner has been obtained on or before the preceding December 31t. The authorizing votes of the member towns may provide for the deferral of said admission until July 1 of a subsequent fiscal year. B. Upon admission of a new member town to the District, assessments levied against the other member towns by the District to meet Capital Costs as defined in Section IV C shall be reapportioned, the terms of reapportionment to be stipulated in the amendment to this Agreement by which the newly admitted member town is admitted to the District. C. The newly admitted member town shall pay to the District its share, as determined in Section VI B. and VI C. of this Agreement, of the funded indebtedness of the District already retired. For the purpose of this calculation such funded retired indebtedness shall be deemed to be the difference between (1) the original Capital Costs incurred by the District plus any subsequent Capital Costs, exclusive of interest and the total state construction grant, if any, depreciated at the rate of 2 percent per year, and (2) that part of Capital Costs as yet unpaid less that part of the state construction grant not yet received. Such share of the newly admitted member town shall be paid over the remaining scheduled period for repayment of such indebtedness, in four equal installments, to be paid not later than the twentieth of March, June, September, and December in each year during this remaining period of indebtedness. Payments thus made toward retired indebtedness shall be credited to the other member towns comprising the District in amounts proportionate to the share of those same Capital Costs that each of those other member towns paid in the past. SECTION VII Withdrawal A. The withdrawal of a member town from the District may be effected by an amendment to this Agreement in the manner hereinafter provided by this Section. A member town seeking to withdraw shall, by vote at an annual or special town meeting, request the Committee to draw up an amendment to this Agreement setting forth the terms by which such member town may withdraw from the District. If the Committee fails to draw up such a proposed amendment, the member town may prepare such a proposed amendment and submit it to the Committee pursuant to Section VIII B, hereinafter; provided however, that any such proposed amendment shall incorporate all terms of withdrawal set forth in this Section VII. 6 B. The clerk of the member town seeking to withdraw, within seven (7) days of the vote of the annual or special town meeting requesting the Committee to draw up an amendment to this Agreement for the purpose of withdrawal of such member town, shall notify the Committee chairperson and the District's superintendent of schools in writing of such vote and shall provide a certified copy of the vote with such notification. Thereupon, the Committee shall draw up an amendment to this Agreement consistent with the terms and provisions of this Section VII and setting forth such other terms of withdrawal as the Committee deems advisable, subject to the limitations contained in Section VIII A. The Secretary of the Committee shall mail or deliver a notice in writing to the Select Board of each member town that the Committee has drawn up an amendment to this Agreement providing for the withdrawal of a member town and enclosing with such notice a copy of such proposed amendment. The Select Board of each member town shall include an article stating the amendment in the warrant for the next annual or special town meeting of the Town. C. No less than two (2) full years prior to the desired date of withdrawal, the member town seeking to withdraw, in addition to the other requirements referred to in Paragraphs A and B above, will submit to the Commissioner and to the District a "Long Range Education Plan" consistent with 603 CMR 41.02 (2). The Long Range Education Plan will address, in addition to any other factor required by the Commissioner, the following: the expected educational benefits of reorganization; the current and projected enrollments; an inventory of all educational facilities under the jurisdiction of the member town and under the jurisdiction of the District and construction efficiencies, if any; the proposed administrative structure; the fiscal ramifications of the withdrawal upon the withdrawing town as well as the other member towns in the District; the geographical and physical characteristics of the area; and the effect that withdrawal will have on student transportation. D. Said petitioning town shall cease to be a member town only if the Committee's proposed amendment to this Agreement is approved by the Committee, and accepted by the petitioning town and each of the other member towns, and by the Commissioner; acceptance by the petitioning town and by the other member towns to be by majority vote at an annual or special town meeting and approval by the Committee to require a majority vote. Such withdrawal shall become effective no earlier than one full year after the last to occur of the following events: the town meeting vote of the withdrawing town as described in Paragraph A, above, completion of the approval of the proposed amendment to this Agreement by the Committee, the member towns (including the withdrawing member town), and the Commissioner; and the submittal of a long range education plan consistent with Paragraph C, above. Any such withdrawal shall become effective only at the beginning of a fiscal year of the District. The authorizing votes of the member towns may provide for the deferral of said withdrawal until July 1 of a subsequent fiscal year, E. In addition to other terms and requirements which the Committee may include in the proposed amendment the member town seeking to withdraw (1) shall have paid over to the District or remain liable for any unpaid operating costs for which it became liable as a member of the Disrict, including amounts which have been certified by the District treasurer to the treasurer of the withdrawing town and the full amount so certified for the year in which such withdrawal takes effect, (2) shall remain liable to and shall continue to make payments to the District for its share of the indebtedness, other than temporary indebtedness incurred in anticipation of revenue, of the District outstanding at the time of 7 such withdrawal, and for interest thereon, to the same extent and in the same manner as though the town had not withdrawn from the District, (3) shall remain liable to and shall continue to make payments to the District for its share of such other liabilities incurred by the District during all times that the withdrawing member town was a member of the District (e.g., Other Post -Employment Benefits ("OPEB") ) as determined by the Committee; and (4) shall have paid to the District the costs, including legal fees, that accrue to the District as a result of the withdrawal, provided that the withdrawing member town's responsibility for such continuing obligations as set forth in clauses (2) and (3) of this Paragraph E shall be reduced by any amount which such withdrawing member town has paid over at the time of withdrawal and which has been applied to the payment of such indebtedness, such other liabilities incurred during the period that the withdrawing member town was a member of the District, including without limitation, OPEB, or interest, and further provided that where any portion of such liability is computed on the basis of pupil enrollment, such portion shall be assessed as if the withdrawing town had the same pupil enrollment in each grade each year as it had on the October 1 preceding its withdrawal. The Committee's proposed amendment may condition withdrawal upon the irrevocable deposit by the withdrawing member town, in trust in the name of the District, of funds in an amount sufficient to meet such responsibilities pursuant to Paragraph F below. A member town that chooses to withdraw from the District shall not be entitled to any pro rata share of any assets of the District. F. Money received by the District from the withdrawing town for payment of funded indebtedness, OPEB, such other liabilities incurred by the District during all times that the withdrawing member town was a member of the District or interest thereon shall be used for this purpose only, and until so used shall be deposited in trust in the name of the District with a bank or trust company having its principal office in Massachusetts and having a combined capital and surplus of not less than $5,000,000. G. Upon the effective date of withdrawal the terms of office of all Committee members serving on the Committee from the withdrawing town shall terminate and the total membership of the Committee, as provided in Section IA, shall be decreased accordingly and the quorum and voting weight of the remaining Committee members shall be recalculated to comply with the formula set forth at Section I F, above, and the weighted votes redistributed accordingly, all to be set forth in the amendment of this Agreement made at such time. SECTION VIII Amendments A. This Agreement may be amended from time to time in the manner hereinafter provided, but no such amendment shall be made which shall substantially impair the rights of the holders of any bonds or notes or other indebtedness of the District then outstanding, or the rights of the District to procure the means for payment thereof, provided that nothing in this section shall prevent the admission of a new town or town to the District and the reapportionment accordingly of capital costs of the District or of bonds or notes or other evidence of indebtedness of the District that were issued to finance capital expenses then outstanding and of interest thereon. 8 such withdrawal, and for interest thereon, to the same extent and in the same manner as though the town had not withdrawn from the District, (3) shall remain liable to and shall continue to make payments to the District for its share of such other liabilities incurred by the District during all times that the withdrawing member town was a member of the District (e.g., Other Post -Employment Benefits ("OPEB")) as determined by the Committee; and (4) shall have paid to the District the costs, including legal fees, that accrue to the District as a result of the withdrawal, provided that the withdrawing member town's responsibility for such continuing obligations as set forth in clauses (2) and (3) of this Paragraph E shall be reduced by any amount which such withdrawing member town has paid over at the time of withdrawal and which has been applied to the payment of such indebtedness, such other liabilities incurred during the period that the withdrawing member town was a member of the District, including without limitation, OPEB, or interest, and further provided that where any portion of such liability is computed on the basis of pupil enrollment, such portion shall be assessed as if the withdrawing town had the same pupil enrollment in each grade each year as it had on the October 1 preceding its withdrawal. The Committee's proposed amendment may condition withdrawal upon the irrevocable deposit by the withdrawing member town, in trust in the name of the District, of funds in an amount sufficient to meet such responsibilities pursuant to Paragraph F, below. A member town that chooses to withdraw from the District shall not be entitled to any pro rata share of any assets of the District. F. Money received by the District from the withdrawing town for payment of funded indebtedness, OPEB, such other liabilities incurred by the District during all times that the withdrawing member town was a member of the District or interest thereon shall be used for this purpose only, and until so used shall be deposited in trust in the name of the District with a bank or trust company having its principal office in Massachusetts and having a combined capital and surplus of not less than $5,000,000. G. Upon the effective date of withdrawal the terms of office of all Committee members serving on the Committee from the withdrawing town shall terminate and the total membership of the Committee, as provided in Section IA, shall be decreased accordingly and the quorum and voting weight of the remaining Committee members shall be recalculated to comply with the formula set forth at Section I F above, and the weighted votes redistributed accordingly, all to be set forth in the amendment of this Agreement made at such time. SECTION VIII Amendments A. This Agreement may be amended from time to time in the manner hereinafter provided, but no such amendment shall be made which shall substantially impair the rights of the holders of any bonds or notes or other indebtedness of the District then outstanding, or the rights of the District to procure the means for payment thereof, provided that nothing in this section shall prevent the admission of a new town or town to the District and the reapportionment accordingly of capital costs of the District or of bonds or notes or other evidence of indebtedness of the District that were issued to finance capital expenses then outstanding and of interest thereon. 8 B. Any proposal for amendment, except a proposal for amendment providing for the withdrawal of a member town (which shall be acted upon as provided in Section VII) may be initiated by (i) a signed petition bearing the signatures of ten (10%) per cent of the registered voters of any one of the member towns, which contains, at the end thereof, a certification by the town clerk of the respective member town as to the number of signatures on the petition that appear to be names of registered voters from that town, submitted by the petitioners to the secretary of the Committee or by (ii) a vote of any town meeting of any member town or (iii) a majority of all the members of the Committee. In the case of any such proposal for amendment pursuant to Section VIII B (ii), the town clerk of the applicable member town shall forthwith deliver a copy of such town meeting vote to the secretary of the Committee. In each case, the secretary of the Committee shall forthwith mail or deliver a notice in writing to the Select Board of each of the member towns that a proposal to amend this Agreement has been received and shall enclose a copy of such proposal (without the signatures in the case of a proposal by petition), such vote proposing the amendment, and a copy of the proposed amendment. C. The Select Board in each member town shall include in the warrant for the next annual meeting or a special town meeting called for the purpose, an article stating the proposed amendment. Except in the case of amendments resulting from the addition of a new member, which shall become effective as set forth in Section XI, such amendment shall take effect upon its acceptance by each member town, acceptance by each member town to be by a majority vote at a town meeting as aforesaid, and only after approval of the Commissioner. Should the amendment impact the budget, said amendment will only take effect on the first July 1 which falls after acceptance by all of the member towns and receipt of approval of the Commissioner, and only when there has been sufficient advanced time to prepare the budget and assessments in accordance with the new procedure set forth in such amendment. All amendments must be approved by the Commissioner. SECTION IX Budget A. At the opening of each academic year, the Committee shall as promptly as practicable, proceed to determine the amounts necessary to be raised to maintain and operate the District for the next fiscal year, and the amount required for the payment of debt and interest incurred by the District which will be due in said year, and shall prepare a tentative operating budget containing all proposed operating expenditures, capital expenditures and debt service payments to be paid from general revenues of the District and using with consistency the line items and associated definitions described in the Chart of Account, as amended, established and maintained by DESE. The budget shall identify each separate revenue source, and the amount estimated for each revenue source; shall specify whether member town assessments are to be calculated pursuant to the statutory assessment method or the alternative assessment method then provided for in the regional agreement, if any; and shall specify the total amounts to be assessed to the member towns for the support of the budget. All non -recurring expenditures shall be itemized. This tentative operating budget shall be itemized in such further detail as the Committee may deem advisable. Such tentative operating budget shall be approved by a majority of the members of the Committee. The Committee shall then submit copies to the Chairperson of the 9 Finance or Advisory Committee of each member town, or if there is no Finance or Advisory Committee in a member town, to the chairman of the Select Board of such member town, for their consideration at least thirty (30) days prior to the date on which the final operating and capital budget is adopted by the Committee and at least. B. The Committee shall hold a budget hearing consistent with M.G.L. Chapter 71, Section 38N, as amended, annually on its proposed annual budget not less than seven days after publication of a notice thereof in a newspaper having general circulation in the region. Following the public hearing on the proposed budget, the Committee may make any such modifications to its proposed budget as it may deem necessary or desirable before voting to adopt a final operating and maintenance budget. C. Following such hearing, the Committee shall adopt a final budget by a two-thirds (%) weighted vote of all its members, incorporating such changes from the proposed budget that the Committee has deemed appropriate. Said adoption of a final budget will occur not later than forty-five (45) days prior to the earliest date on which the business section of the annual town meeting of any member town is to be held, but in no event later than March 31 (provided that said budget need not be adopted earlier than February 1). D. The budget and assessments shall be so constructed to show debt service, transportation, operating, and capital costs. It shall also list all sources of revenue used to reduce operating costs. The Committee shall apportion the annual budget in accordance with the provisions of Section IV. E. The amount so apportioned for each town shall be certified in accordance with Section 16B of Chapter 71 of the M.G.L. and within thirty (30) days from the date on which the budget is adopted, and in no event later than April 30, the District treasurer shall certify to the treasurers of each of the member towns that town's assessed share of such budget. F. The annual budget, as adopted by the Committee, and the member town's assessment as certified by the Treasurer of the District shall be placed before each local appropriating authority for its consideration. The annual budget, as adopted by the Committee shall require the approval of two-thirds (%) of the member towns by an affirmative vote of the appropriating authorities for such member towns. A vote by the local appropriating authority to appropriate the member town's assessment shall constitute approval of the District's budget. The District budget, so approved, shall be apportioned among the member towns in accordance with the terms of Section IV E. and Section IV F. Each town shall appropriate the amounts so certified and such amounts shall be paid in accordance with the terms in Section IV H of this Agreement. SECTION X Students A. The District shall accept all students who reside in any member town of the District who have completed the fifth grade. 10 B. Any student residing in a member town who is desirous of attending a trade or vocational school outside the District shall have all the privileges of attending such a school as are now or may be hereafter provided for by law, provided however, that the cost of tuition for attending such a school and the cost of transportation, to the extent required by law shall be paid by the member town of the student's residence and shall not be included in the District's budget or assessed to the member towns as an Operating Cost or Capital Cost. C. The Committee may accept for enrollment in the regional district school students from towns other than the member towns on a tuition bases and on such terms as it may determine. Income received by the District with respect to tuition students may be deposited into an approved revolving account and expended by the Committee without further appropriation by the member towns. SECTION XI Annual Report A. The Committee shall submit to each of the member towns an annual report, in sufficient time for inclusion in the annual reports of said member towns. This annual report shall include a detailed financial statement showing the methods by which each member town's share of the annual charges assessed against each member town, including without limitation operating and capital costs, were computed, together with such additional information relating to the operation and maintenance of such school as may be deemed necessary by the Committee or by the Select Board of any member town. B. The Committee shall conduct an annual independent financial audit and receive the audit report in public session. Copies of the audit report shall be provided within ten (10) days to the Select Board of each member town, to the school committees of each member town, and to such other officers of the member towns and the District as may be required by law. SECTION XII Review of Regional Agreement Recognizing that circumstances often change over time, and intending that this Agreement should continue to serve the best interests of the member towns, the Committee should, at five year intervals, review the need to establish an ad hoc study group composed of knowledgeable persons to study the Agreement and report to the Committee as to whether or not any changes to this Agreement might be beneficial in light of then prevailing conditions. The Committee shall give any such ad hoc study group's report due consideration, but may exercise its own discretion as to whether or not it will implement any of the group's recommendations. SECTION XIII Incurring of Debt The District may borrow under M.G.L. Chapter 71, Section 16(d) and any other applicable general or special law now or hereafter in effect. Pursuant to M.G.L. Chapter 71, Section 16(d), not later 11 than seven days after the date on which the Committee authorizes the incurring of debt, other than temporary debt in anticipation of revenue to be received from any source, written notice of the date of said authorization, the sum authorized, and the general purpose or purposes for authorizing such debt, shall be given to the Select Board for each member town. No debt may be incurred until authorized in accordance with M.G.L. Chapter 71, Section 16(d) or pursuant to the provisions of any other applicable general or special law now or hereafter in effect. Notwithstanding the provision of this Section XIII, the Committee may, by a vote of two-thirds of all its members, require that the approval of any particular authorized issue of indebtedness shall be by the registered voters of the member towns pursuant to the provisions of M.G.L. Chapter 71, Section 16(n) rather than pursuant to the provisions of M.G.L. Chapter 71, Section 16 (d). School Committee Signatures: Date: Date: Date: Date: Date: Date: Date: Date: Date: Signature of Commissioner of Elementary and Secondary Education: Date: 12 REGIONAL SCHOOL DISTRICT AGREEMENT CHECKLIST This checklist is provided by the Department of Elementary and Secondary Education (DESE) to assist local officials and Regional Planning Boards (RPB) in the development or amendment of a regional school district agreement under the provisions of M.G.L. Chapter 71, Section 14-161 and 603 C.M.R. 41.00. (Revised September 2022) COMMENTS REQUIRED AGREEMENT CONTENT AND CITATIONS General Information Authorization Example: "This Agreement is entered into A regional school district (RSD) agreement is authorized by M.G.L. Chapter 71, Sections 14-16I and 603 C.M.R. 41.00. If an RSD was created, changed or otherwise impacted by an Act of the Massachusetts legislature, amendment of the RSD agreement may be contingent upon language in that Act, and, in some cases, the Act itself may require legislative amendment. The Act should be referenced in the agreement. pursuant to Chapter 71 of the Massachusetts General Laws (M.G.L.) among the Towns of X, Y, and Z, hereinafter referred to as 'member towns.' In consideration of the mutual promises herein contained, it is hereby agreed as follows:..." Name of the Regional School District (RSD1 Example: The Regional School District shall be Include the name of the RSD or how the RSD should be officially designated. called the ABC Regional School District, hereinafter referred to as 'District'. Member cities/towns See Authorization example above. Include the names of the member cities and towns. See M.G.L. c. 71, § 14B Type of RSD school or schools *To establish a regional vocational/technical district, local officials must also contact DESE's Career Vocational Technical Education (CVTE) Office. Indicate whether the agreement is to establish an academic or vocational/technical* RSD. See M.G.L. c. 71, § 148(c) Grade configuration of the RSD Indicate specific grade ranges to be included in the RSD, including Pre - Kindergarten, if applicable. Governance Number, composition, method of selection, and terms of office Provisions should be included to address vacancies, quorum, staggering of terms, election/selection of officers and the general authority of the RSC. of the members of the regional school committee (RSC), Include: • Number of members of the committee in total, • Composition of committee, how many from each town, unless district -wide election, with no residency requirement, • Method of selection of members (see below), and 1 • Terms of office of the members. See M.G.L. c. 71, §§ 14B (a) and 14E Method of selecting members of the regional school committee The agreement must provide for one of the Include one of the following statutory options: 1. electing committee members by voters in member communities with each community's representation apportioned according to the total population, 2. electing members in district -wide elections to be held at the biennial state elections, 3. electing members with residency requirements in district -wide elections to be held at the biennial state elections, 4. weighing the votes of committee members according to the total population they represent, or S. appointing committee members by locally elected officials such as school board members. See M.G.L. c. 71, § 14E If an RSD agreement provides for the election of members in district- wide elections at the biennial state elections or if any vacancy is to be so filled, the district clerk shall notify the state secretary by April fifteenth of the year of the biennial state election of that fact and also of his/her name and mailing address. Special legislation is required to authorize district -wide elections that are to be held at a time other than the biennial state elections. allowable options outlined in M.G.L. c. 71, § 14E. If apportioned voting (#1) or weighted voting (#4) is the method chosen, the apportionment or weight must be representative of the population served in each member town. If weighted voting is used, include the weight of each vote and stipulate that all RSC votes must reflect the combined weighted votes of the RSC members. If elected members do not immediately take office, the agreement language must address when the term starts and ends. The candidates must also be made aware of the start and end date of the term, and the ballot must so represent. School Buildings Town or towns/Location To avoid limiting the authority of the RSC, it is recommended that agreements include general information rather than specific street addresses and grades served in each school located within the member towns. Include the town or towns in which, or the general area within the RSD where the RSD school or schools are to be located. See M.G.L. c. 71, § 148(b) Lease or sale of property to regions The RSC must have general charge of the If the RSD agreement/amendment addresses the sale, lease or license of school buildings and land by a member town to the RSC, the following statutory provisions apply: • The RSD agreement/amendment may contain provisions authorizing any member town to sell, lease or grant a license to use any school building and any land appurtenant thereto or used in connection therewith to the RSD, and any such town may authorize such sale, lease or license accordingly, notwithstanding the provisions of section three of chapter forty or any other provisions of law to the contrary. Regarding SALE(S), the RSD Agreement shall set forth: school buildings and appurtenant land. Therefore, unless the RSC owns the building(s) and appurtenant land, language must be included in the RSD agreement to address the sale, lease or license of school buildings and appurtenant land to the RSD from the member town(s), This provision will not be needed if the RSC owns the school building(s) and land, such as is often the case with a secondary Academic or Vocational RSD. o the price, o time or times of payment, and o the method by which the member towns other than the selling member town shall be assessed for such payment. AND In no case shall payments be made which shall extend over a period in excess of twenty years. 2 Reaardina LEASE(S) OR LICENSES) TO USE, the RSD Agreement shall set forth: o the rental or license fee, and o terms of payment and assessment. AND The lease or license to use may be for a term or period not in excess of twenty years and may contain provisions for the extension of the lease or license to use for an additional term or period not in excess of twenty years, at the option of the RSC. See M.G.L. c. 71, § 14C Budget Preparation and Related Platters Detailed procedure for the preparation and adoption of an Include timelines and general content of the budget, such as major line items, definitions of operating and capital costs, and approval votes required by RSC at each stage of the budget process (e.g., majority vote for budget proposed prior to/at public hearing; 2/3 vote of the entire committee for the final budget as proposed following the public hearing). annual budget "The regional school committee shall propose, by a maiority vote, a budget containing all proposed operating expenditures, capital expenditures, and debt service payments to be paid from general revenues of the regional school district. The budget shall identify each separate revenue source, and the amount estimated for each revenue source; shall specify whether member [town]s' assessments are to be calculated pursuant to the statutory assessment method or the alternative assessment method; and shall specify the total amounts to be assessed to the member [town]s for the support of the budget." See M.G.L. c. 71, § 168; 603 C.M.R. 41.05(1)(a) Apportioning of costs to the members The method of apportioning costs pursuant to the statutory assessment (603 C.M.R. 41.01) method must be addressed in the agreement. RSC may only use an alternative assessment method (603 C.M.R. 41.01) to apportion annual assessments if there is an alternative method included in the agreement. If enrollment is used to determine any portion of the assessments, the term must be clearly defined. (See Definitions of Terms on Page 11.) Include the method of apportioning: • the expenses of the RSD, and • the costs of school construction, including any interest and retirement of principal of any bonds or other obligations issued by the district among the several towns comprising the district. See M.G.L. c. 71, § 148(d) Budget approval "The budget as adopted by the regional school committee and the member [town]'s assessment as certified by the treasurer of the regional school district, shall be placed before each local appropriating authority for its consideration. Notwithstanding provisions in the regional agreement to the contrary, approval of the budget shall require an affirmative vote of the appropriating authorities of two-thirds of the member [town]s. A vote by the local appropriating authority to appropriate the member [town]'s assessment shall constitute approval of the regional school district's budget. The use of the alternate assessment method shall require the approval of all the member [towns]; such approval may be given by a separate vote of the appropriating authority, or if a separate vote is not taken, approval of a budget or assessment based an the alternate Include language to reflect the process for school committee and for municipal approval of the budget. "The annual regional school district budget as adopted by a two-thirds vote of the regional school district committee shall require the approval of two-thirds of the local appropriating authorities of the member municipalities," See M.G.L. c. 71, § 168 3 method shall be deemed approval of the method." See 603 C.M.R. 41.05(2)(a) Expected times of payments of the assessments by the member towns Include the payment schedule. The agreement must include: "...the time and manner of payment of the shares of the several towns..." See M.G.L. c. 71, § 14B(d) Method by which school transportation shall be provided There is no entitlement to regional transportation reimbursement if the RSD agreement does not state that the RSD will provide school transportation and/or if the transportation is provided by the member towns. Include the method by which student transportation to and from school will be provided. See M.G.L. c. 71, § 148(e) Transportation to and from school must be provided to RSD PK-12 students, consistent with statutory requirements. See M.G.L. c. 71, § 16C; M.G.L. c. 71, § 68 If transportation is to be furnished by the district, the manner Ensure that the formula is dear, especially if there is a reference back to the formula for apportioning operating expenses. in which the expenses shall be borne by the several towns Include the formula for determining each member town's share of the transportation expenses (e.g., based on miles, number of students transported, number of students attending the RSD schools, number of students from each member town and receiving public education at the member town's expense, etc.) See M.G.L. c. 71, § 14B(e) Amendment procedyres, including those due to changes in RSD membership The method by which the agreement may be amended If the amendment changes the budget or assessment process, for clarity, consider addressing in what fiscal year cycle the amendment will be in effect. Member town approval of an amendment is as outlined in the agreement. The complete language of the proposed amendment (not just the substance of the amendment) must be presented to member towns for approval. The Commissioner must approve all amendments. Include the amendment method, which should address: • Time frame, • Who can propose an amendment and how it must be proposed, • Required approvals (RSC and member towns; majority/unanimous; etc.), • Effective date of amendment, and • Commissioner's approval. (The effective date and jurisdiction may be different than approval date.) See M.G.L. c. 71, § 14B(g) Terms by which any city or town may be admitted to or A new member town may join an RSD as of July 1 of any fiscal year provided that all requisite approvals, including the Commissioner's approval, shall be obtained no later than the separated from the RSD Include the method by which a new member city or town mayioin the RSD, which should address: • Time frame: o When notice of admission must be provided and to whom. o How long before the expected effective date. • Conditions of admission. • Required approvals (RSC and member towns; majority/unanimous; etc.) • Commissioner's approval (required). preceding December 31. The authorizing votes may provide for the deferral of said admission or withdrawal until July 1 of a subsequent fiscal year. See 603 C.M.R. 41.03(2) 4 The effective date and school committee jurisdiction may be different than the approval date or the effective date may be subsequent to the July 1 date required in DESE regulations. See M.G.L. c. 71, § 14810 Terms by which any city or town may be admitted to or An existing member town may withdraw from an RSD as of July 1 of any fiscal year, provided that all requisite approvals, including the Commissioner's approval, are obtained no later separated from the RSD Include the method by which a member city or town may withdraw from the RSD, which should address: • Time frame: o When notice of withdrawal must be provided and to whom. o How long between provision of notice of withdrawal and earliest expected effective date. • Conditions of withdrawal. • Required approvals (RSC and member towns; majority, unanimous; etc.) • Commissioner's approval (required). See M.G.L. c. 71, § 148(f) than the preceding December 31. The authorizing votes may provide for the deferral of said admission or withdrawal until July 1 of a subsequent fiscal year. See 603 C.M.R. 41.03(2) A withdrawing member town does not sign / become party to the amendment to the agreement that follows its withdrawal. Therefore, expectations for withdrawal should be included in the agreement. Transition Period (applicable to agreements/amendments for The agreement/amendment should also define the relationship and interaction between the existing member towns' school committees and the RSC. new, expanded or enlarged RSDs) With the approval of the Commissioner, a RSD agreement/amendment may provide for a transition planning period to commence with the election or appointment of the RSC. Such transition planning period may extend not longer than the remainder of the fiscal year in which the RSC is elected or appointed plus one additional fiscal year. During such transition planning period, the local school committees shall continue to oversee and operate the schools in their respective towns. The RSC shall have non -operating status during this period and shall have power to hire staff, enter into contracts, and take such other actions as are needed to prepare for an orderly transition. At the end of the transition planning period, responsibility for the oversight and operation of the schools shall transfer to the RSC. See 603 C.M.R. 41.03(5) Any other matters, not incompatible with law, which the RSD See Optional Content below. planning board may deem advisable The RSD agreement/amendment may contain any other matters that are not incompatible with law. See M.G.L. c. 71, § 148(i) Reapired Approvals DESE preliminary review of draft agreement/amendment See Approval by Commissioner on page 6. DESE policy requires that any proposed RSD agreement/amendment be reviewed by program staff and the DESE legal office before such RSD agreement/amendment is submitted to the member municipalities for approval. This is to ensure that program staff can make a positive recommendation for approval to the Commissioner following local votes. See M.G.L. c. 71, § 14B 5 Copies of such agreement (or amendment) shall be submitted ... to the several towns for their acceptance "The selectmen or council of each of the several towns shall, upon receipt of the recommendation that a regional school district should be formed and of a proposed agreement therefore submitted in accordance with the provisions of sections fourteen to fourteen 8, inclusive, or otherwise in the form and with the approval required by said sections, cause to be presented the question of accepting the provisions of sections sixteen to sixteen 1, inclusive, and the proposed agreement or agreements. Said question shall be determined, in a town having an open town meeting, by vote with printed ballots at an annual or special town meeting to be held in either case within thirty days after receipt of such recommendation by the selectmen and, in a town having a representative town meeting or council, at an annual or special town election to be held in either case not less than thirty-five nor more than fifty days after receipt of such recommendation. The article in the warrant for such annual or special town meeting or election and the question on the printed ballots to be used at such meeting or election shall be in substantially the following form: Shall the town accept the provisions of sections sixteen to sixteen 1, inclusive, of chapter seventy-one of the General Laws providing for the establishment of a regional school district together with the towns of , and , etc., and for construction, maintenance and operation of a regional school by said district in accordance with the provisions of a proposed agreement filed with the selectmen?" See M.G.L. c. 71, § 15 The warrant language above is a sample and must be revised to reflect an amendment to an existing RSD agreement and/or to eliminate reference to the construction of a school, as applicable. The effective date of the RSD agreement/amendment is subject to: • approval of Commissioner; • adherence to required dates in the law; and • adherence to any pertinent dates in the RSD agreement or any pertinent dates in the votes approved by each member town at town meeting/council meeting. For a new RSD agreement, all member towns listed in the agreement must approve. For an amendment to an existing agreement, the requisite number of member towns must approve in accordance with the language of the existing RSD agreement. The complete language of the RSD agreement/amendment must be provided for each member town's approval. Approval by the Commissioner The RSD agreement/amendment, if approved at town meeting, must be sent to DESE program staff, along with the certified votes from the requisite number of member towns and a request for Commissioner approval. See M.G.L. c. 71, § 148 DESE program staff may be reached in the Office of Regional Governance at DESE. POSITIONS AND COMMITTEES AUTHORIZED/REQUIRED BY THE RSD LAW Language reflecting these positions and committees is not required in the RSD agreement; however, many RSDs do address some or all of these positions and committees in their agreements. Appointment of Officers RSC shall choose a chair and vice chair t y ballot from its membership. The vice chair shall, in the absence of the chair, exercise the powers and perform the duties of said chair. RSC shall appoint a secretary and a treasurer who may be the same person, but who need not be members of said RSC. Ensure that chair and vice chair are chosen by ballot. 6 School Building Committee The RSC may appoint a school building committee which shall have such powers and duties relative to the construction, reconstruction, remodeling, repair, expansion or equipping of school buildings or facilities as the RSC determines. See M.G.L. c. 71, § 16A Warrant Subcommittee "The regional school committee may designate any one of its members for the purpose of signing payroll warrants and accounts payable warrants to allow for the release of checks; provided, however, that the member shall make available to the board, at its next meeting, a record of such actions. This provision shall not limit the responsibility of each member of the board in the event of a noncompliance with this section." See M.G.L. c. 71, § 16A Optional Content in their agreements/amendments. While not required, some RSbs address the following components General Authority Language may be included to acknowledge the general powers and authority of school committees and to encompass the authorities specifically granted to RSCs under M.G.L. c. 71, § 16. School Committee Votes Language may be included to reflect the types of votes needed for RSC approval of various matters (e,g., majority, 2/3, unanimous). However, there must be an acknowledgement in the agreement/amendment that certain actions by the RSC (e.g., budget and budget amendment) must be approved by 2/3 vote of the full RSC as required by law and regulation, Advisory GrounslCommittees Language may be included to address the appointment/development of a representative group(s) to advise the RSC on budget, elementary curriculum or any other topic related to the RSC's duties. Use of School Buildings In addition to lease and sale terms (required, above, as applicable), language may be included to address the usage of school buildings by including, among other local options, provisions such as the following: • Whether students will be served in their local town schools, Under what conditions students may be served in other than their local town schools (i.e., emergencies, special education services), • A procedure to close a school building within a member town, including the required votes of the RSC and the member town(s), as applicable, and • A method to revert a closed school or building back to the member town. 7 Public hearing on the budget Language may be included to address the public hearing requirements of the law. "The regional school committee shall hold a public hearing on the proposed budget and, following such hearing, shall adopt a budget by a two-thirds vote, incorporating such changes from the proposed budget as the regional school committee deems appropriate." See M.G.L. c. 71, § 38N and 603 C.M.R. 41.05(1)(g) Requirement that RSC approve amendments to the budget Language may be included to address legal requirements for amending the budget: "(a) A regional school committee may propose with a two-thirds vote, an amendment to a previously approved budget. If such amendment results in an increase in the total amount of the budget or an increase in assessment for any member [town], such amendment shall be submitted to the local appropriating authorities for their approval. The local appropriating authority of every member [town] shall have 45 days from the date of the regional school committee's vote to meet and consider the amendment. The proposed amendment shall be effective if it is approved by two-thirds of the local appropriating authorities and by the local appropriating authority of any member [town] whose assessment is increased. (b)If a local appropriating authority does not vote on the proposed amendment within the 45 -day period and that local appropriating authority has previously appropriated funds for its assessment in an amount greater than or equal to the member [town]'s assessment for the amended budget that member [town] shall be deemed to have approved the amended budget. (c) If a proposed amendment to a previously approved budget does not increase the total amount of the budget and reduces or leaves unchanged the assessment for every member [town], the amendment shall not require approval by the local appropriating authorities and shall be effective upon a two-thirds vote of the regional school committee...." See 603 C.M.R. 41.05(5)(a) -(c) The addition of Excess and Deficiency (E & D) funds to the budget after the original member town approval of the budget constitutes an amendment to the budget, and the amendment process under 603 C.M.R. 41.05(5) must be followed. eguirement that RSC approve transfers to the budget Language may be included to address legal requirements for school committee approval of line -item transfers. "Transfers from one budget line item to another shall require and be effective upon approval of the regional school committee. Such approval shall be by a majority vote of the regional school committee unless otherwise specified in the regional agreement. Authority for such transfers may not be delegated." See 603 C.M.R. 41.05(5)(f) Incurring of debt Language may be included to address legal requirements related to incurring debt. RSDs may incur debt pursuant to either M.G.L. c. 71, 16(d) or 16(n). Recommend that all academic and vocational RSD agreements/ amendments include a provision for incurring debt. The decision on which method to use is made by the RSC. See M.G.L. c. 71, §14D. s Provisions related to the conditions for a member town's withdrawal: Language may be included to address provisions such as: • legal fees incurred as a result of a withdrawal, and/or • apportionment of existing and possible future liabilities, such as (1) Other Post -Employment Benefits (OPEB), (2) existing indebtedness of the district, including capital and operating debt, (3) outstanding operating costs, (4) other liabilities that arise after the withdrawing member town has withdrawn, but date back to when it was a member town, • legal fees, and/or • return of building(s) to the member town. Rights of School Employees in Regional School Districts Language may be included to address employment of personnel in a newly formed or expanded RSD. Language addressing employee rights need not be included in the RSD agreement, but local officials may want to include language to clarify the obligation to staff, formerly employed by a member school committee in accordance with law. See M.G.L. c. 71, § 428 Provision for the periodic review of the RSD agreement Language may be included to address the periodic review of the RSD agreement to ensure: • compliance with changes in local, state or federal law or regulation, • compliance with one person, one vote requirements, and • agreement and compliance with changes in local, state, federal or RSD policy. Termination of Regional Agreement Withdrawal of a town in a two -town district results in termination of the RSD. This could also be addressed in the required withdrawal provisions of the RSD agreement. Language may be included to address the termination of the RSD. Signatures Program staff would not recommend the Commissioner sign an amendment that only partially changes the agreement unless all other sections of the existing agreement have been reviewed by DESE to ensure current compliance with all areas of RSD law and regulation. The Commissioner's name under a signature line and a date line for the Commissioner, indicating the Commissioner's approval and date of approval of the RSD agreement/amendment, may be provided, if desired, for full amendments that change the entire agreement. Names, signature lines and date lines for representatives of the school committee, planning board and other local officials, may be provided. The signature lines, if included, must clearly be part of the Agreement, bearing the same heading and continuing page numbering. 9 TIPS: REVIEW OF RSD AGREEMENT References within the agreement Ensure that all references to M.G.L., 603 C.M.R. 41.00, and references to other sections of the agreement/amendment are correct. Table of contents Ensure that the table of contents, if any, matches the content of the agreement. Abbreviations Ensure that any abbreviations that are used in the agreement/amendment are first spelled out, with the abbreviation following the first instance in parentheses. (For example, "Department of Elementary and Secondary Education (DESE).") Terms used to refer to subjects later mentioned in the agreement To the extent there are any references to terms that are otherwise explained in full in the agreement, ensure that there is acknowledgment as to what the terms mean before the terms are used (e.g., "The Commissioner or Elementary and Secondary Education, herein, 'the Commissioner"; "the towns of Alpha, Beta and Delta, herein 'the member towns'".) Consistent use of terms Be consistent in use of terms. For example, where "member"" is used to refer to a school committee member, do not then use the term for "member town." Definitions of terms Where the RSD agreement/amendment references terms that are open to interpretation, it is recommended that these terms be clearly defined. For example, if enrollment is used to determine any portion of the assessments, the term must be clearly defined (e.g., based on number of students from each member town attending the RSD schools, foundation enrollment, annual or rolling average or the number of students under the financial responsibility of each member town, etc.) Page numbers It is helpful to include page numbers in the agreement. Outline format Check outline format. 10 NOTES REGARDING AMENDED REGIONAL AGREEMENT General Comments regarding edits made to the current agreement: A number of the edits made to the current agreement are minor but are made in accordance with DESE's tips and recommendations, such as ensuring that when the word "member" is used, it is stated whether that means "member town" or "Committee member"; using "Select Board" rather than "Board of Selectmen", ensuring that the terminology is consistent throughout ("student" or "pupil", not both; and "M.G.L. Chapter Section" or "M.G.L. c. §", not both); that the first time an abbreviation appears it is shown with the entire word or phrase spelled out and the abbreviation (the Department of Elementary and Secondary Education ("DESE") and thereafter by the abbreviation. Some provisions were removed as no longer applicable (e.g., the wording about transitioning and staggering of terms for Committee members.) Some of the edits are made to include provisions which DESE now requires be included in all regional agreements: citation of general authority for the regional school district, namely, Chapter 71 (introductory paragraph); reference to statutes and regulations specifically addressing regional school districts, namely Chapter 71, Sections 14-16 land 603 CMR 41.00 (Section I E); provisions regarding quorum, vacancy, and general authority of School Committee (Section 1, paragraphs C, E and F); a reference to the statutory assessment method even if the district typically uses an alternative assessment method (Section IV F 2); wording indicating that certain actions by the Committee require a two-thirds vote and, in the event that the district uses a weighted voting system, the fact that the two- thirds requirement is calculated via weighted votes (Sections I F (3), Section IX C and F; Section XIII ); more detailed wording regarding the budget process, with timelines, quantum of Committee vote required at each step in budget process (Section IX); definition of how enrollment is calculated (Section IV G); additional wording regarding withdrawal procedures for a member town to separate from the district, including timing limitations reflecting applicable statute and regulations (Section VII); additional wording regarding admission procedures for a town to join the district, including timing limitations reflecting applicable statute and regulations (Section VI); reference to fact that Commissioner must approve all amendments (Section VIII C). Some of the edits are made to include new or revised provisions that DESE recommends be included, such as: provision regarding periodic reviews of the regional agreement (Section XII); recommendation that include a provision regarding incurring of debt (Section XIII). Sections requiring decisions by the School Committee: Section 1 D: Date of Committee's organizational meeting. This draft says first meeting after July 1 to dovetail with fiscal year, but could be first meeting after June 1. Should be a date after all Committee members elected at spring elections in the member towns are likely to have been qualified and taken their oaths of office. (Note that statewide deadline to request recount is 10 days and deadline to contest is thirty days from date of election) 1 Section I F: Committee voting to comply with proportional representation requirements Current method or alternatives The current agreement sets certain voting strengths for various Committee members. These figures were set in 2002 to comply with constitutional requirements established via caselaw, the Kelleher case, based on that case law and the populations of the various member towns at that time. In addition, the Massachusetts legislature enacted a new statute, M.G.L. c. 71, §14E to address this issue and provide options for regional school districts to meet the requirements of the holding in Kelleher. The Kelleher case indicated that a deviation of more than 16.4% from the ideal of one-man one -vote across a multi -town district was unconstitutional. DESE is now requiring regional school districts to set voting strengths within 10% of the ideal proportion. In addition, the relative populations of the member towns have changed. Because the current agreement did not set a method for changing voting strength as the town populations change, the wording of this provision must be changed to allow the School Committee to alter the voting strength of its members as needed to maintain compliance with DESE's 10% ideal proportion. Typically, population figures from the decennial US Census are used to establish population, but the District could also include a provision for adjusting every five years by using the decennial US Census figures and then obtaining figures from Town Clerks at the intervening five year mark. Options for compliance under current method for selecting Committee members (each member town elects the Committee members who reside in that member town): 1. Maintain the same Committee members and adjust voting strength: Option 1 (closer to current voting strength): Brewster 4 members 1 vote each Eastham 2 members 1.1 vote each Orleans 3 members 0.8 vote each Wellfleet 1 member 1.3 vote Difference from ideal district of 6.24%, which is within DESE's 10% differential requirement Option 2 (closer to the ideal): Brewster 4 members 1 vote each Eastham 2 members 1.1 vote each Orleans 3 members 0.8 votes each 2 Wellfleet 1 member 1.4 votes Difference from ideal district of 3.1%, which is within DESE's 10% differential requirement. (I tried some options that would keep Eastham's two members as voting at 1.0 strength each, as with the current structure, and which might make calculations at meetings simpler as to whether a quorum is present or whether a vote has passed, but those options fell slightly outside DESE's 10% differential requirement.) 2. Change the number of Committee members: The District could change the number of Committee members from ten to a larger or smaller number. (This would require adding wording in the agreement to transition in new or additional members and potentially wording about staggering terms). If there is concern that Wellfleet's only School Committee member has a 1.4 weighted vote (and therefore, if that member is absent from a meeting, Wellfleet voters have no representation at all when each of the other member towns would not be as substantially affected if one of their Committee members were absent), the following Committee structure could be used: Brewster 4 members 1 vote each Eastham 2 members 1.1 vote each Orleans 3 members 0.8 votes each Wellfleet 2 members 0.7 votes each Difference from ideal district of 3.1%, which is within DESE's 10% requirement Alternatives for compliance with Kelleher and M.G.L. c. 71, §14E: Some districts are not comfortable with a structure that requires adjustment of the number of Committee members and/or voting weights every five to ten years and opt for a different structure entirely to avoid that. The available options in that case, under M.G.L. c. 71, §14E, are as follows: 1. Change to an all -appointed School Committee. (Usually, the Select Board of each member town would choose the School Committee members from that Town.) 2. Change to a School Committee with members that are elected not just by voters of the particular member town in which they reside, but by all voters across the entire district, with elections held at the regular biennial ballot elections in November. This has two possible options for Committee structure and membership: a. There could be 8 or 10 Committee members and no requirement for town of residency, so the top vote -getters regardless of residency would comprise the Committee (which could result in a member town having no resident serving on the Committee), or b. There could be 8 or 10 Committee members and a particular number residing in each member town would be elected. In that case the District could maintain the current numbers (4 from Brewster, 3 from Orleans, 2 from Eastharn and 1 from Wellfleet, or could change to an 8 member Committee with 2 members from each of the four member towns.) The possible disadvantage to this structure is that it is possible for the voters in the more populous towns to effectively vote in Committee members who reside in the less populous member towns but who support the positions generally supported by the more populous towns rather than the positions that are generally supported in their town of residency. (This would most frequently arise regarding borrowing or budget/spending issues.) Section IV: Rolling Average Enrollment issue: Apportionment formula at Paragraphs E and F is based on enrollment. In current version, apportionment is based on enrollment in the preceding fiscal year. Brewster indicated that the towns support using a rolling average of enrollment over multiple years. This draft version now incorporates use of a three year rolling average. Some districts use a five year rolling average. Section V: Transportation apportionment: Apportionment for transportation under the current agreement and in this draft amendment is treated as an Operating Cost and apportioned on the same basis as all other Operating Costs. DESE is likely to point out that some districts use a different formula or different enrollment definition for apportioning transportation costs from the formula used for apportioning Operating Costs because students enrolled out -of -district via School Choice (other than SPED students with an IEP requiring transportation) and students attending out -of -district Charter Schools are not required to be provided with transportation by the District. As a result the 4 respective member town enrollment figures used in calculating Operating Costs may not reflect actual transportation use by the member towns. The Committee may want to consider whether to recommend a change to that formula for apportionment of transportation costs to more accurately reflect the use of transportation services by students from the respective member towns. However, using different apportionment formulas may create an undue burden on the District business office and may be confusing to member towns and voters when the budget figures are presented. Section VI: Admission of New Member Towns. The Committee may want to ask the business manager to provide an opinion as to the provisions in Section VI C. The specific terms regarding newly admitted towns sharing in outstanding Capital Costs are not set by DESE or by any law or regulation, so the District has the power to consider what specific terms are appropriate. The wording incorporated here is wording used in the regional agreements of a number of other districts. Section VII: Withdrawal of Member Towns. DESE indicates that any required terms for withdrawal of a member town should be included in the regional agreement, but DESE does not dictate the specific terms for withdrawal. As such the District has the power to consider what specific terms are appropriate. The wording incorporated here is wording used in the regional agreements of a number of other districts. Section VIII: Proposed Amendments. The District's current agreement allows for amendment of the regional agreement based not only on proposals developed by the School Committee, but also based on amendments proposed by petition of voters and amendments as voted at town meeting of one of the member towns. According to the process in the current agreement (and as set forth in this draft amendment), the proposed amendment would then be submitted to all member towns and placed on the warrant at the next town meeting. Because amendments proposed by voters often do not comply with the format and other requirements of DESE, the District may want to consider changing the process for consideration of petitioned amendment proposals (and/or proposals via town meeting) by either: requiring that the proposer first submit their proposal to DESE for preliminary approval or 5 giving the Committee the opportunity to review and revise any proposed amendment submitted by voters (or town meeting) and submit the same to DESE for review and preliminary approval prior to having the proposed amendment submitted to Town Meeting in all member towns. Optional provisions which are not included in this draft amendment but which could be added if desired by the Committee: Right of School Committee to designate one of its members to sign payroll and accounts payable warrants under Chapter 71, Section 16A. (Would be added at Section I.) The law is still applicable to the Committee whether or not a provision is included in the regional agreement noting that right. Provision effectively stating the DESE policy that requires that any proposed amendment to the regional agreement be reviewed by the DESE program staff and the DESE legal office before the proposed amendment is submitted to the member towns for approval. (Would be added at Section VIII.) Provisions effectively stating the regulatory and statutory procedures for amending an adopted budget. (Would be added at Section IX.) These procedures are still applicable to the Committee whether or not a provision is included in the regional agreement noting the procedures. Provision effectively stating the applicable law and regulation governing line item transfers within budget (as provided in 603 CMR 41.05 (5)(f)). (Would be added at Section IX.) These provisions are still applicable to the Committee whether or not a provision is included in the regional agreement noting the specific statutory and regulatory provisions. 6 Tcwn of Orleans, MA Wednesday, November 16, 2020 Chapter A201. Nauset Regional School District Agreement Agreement for a regional school district for the Towns of Brewster, Eastham, Orleans and Wellfleet, Massachusetts (hereinafter sometimes referred to as the member towns), such district to be called "Nauset Regional School District," SECTION 1. Membership of the Nauset Regional District School Committee. [Amended 5-9-1994 ATM, Art. 33; 10-28-2002 STM, Art. 4] A. Number of Members. The Regional School District Committee, hereinafter referred to as the Committee, beginning with the annual town elections of 2003, shall consist of ten members, four frnrn the Tnwn of Brewster, three from Orleanc two frnm Eastham and one frnrn Wellfleet. To achieve proportional representation on the Committee, effective following the annual elections of 2003, the members from Brewster, Eastham and Wellfleet shall have one vote per member, and the members from Orleans .8 (8/10) votes per member. All ten members shall be elected by their individual towns, as prescribed in Paragraph B. below. B. Election of Members. The Nauset Regional School District shall consist of four member towns, each of which shall elect representatives to serve for three-year terms as described above; provided, however, that any member elected prior to 2001 shall serve for a three-year term. At the annual town elections in 2002, Brewster and Orleans shall elect one member each for terms of three years. At the 2003 elections, Brewster, Eastham, and Orleans shall elect one member each, for terms of three years. At the 2004 elections, Brewster shall elect two members, and Eastham, Orleans and Wellfleet one member each, for terms of three years. The Terms of aii such elected members shall commence on the day following their election and continue for the terms for which they are elected and thereafter until their successors are elected and qualified. Thereafter, at every succeeding annual and special town election when a member town is required to elect a member, each town shall elect such member to serve on the Committee for a term of three years commencing on the day following such elections. C. Holding officelvacancies. Each member shall hold office during this term and thereafter until the appointment, or election and qualifications of his successor. If a vacancy exists, the Selectmen of the member town or towns of the district involved shall appoint a member to serve until the next annual or special election and at such election, a successor to serve for the unexpired term, if any, shall be elected. D. Officers of the Committee. Annually upon the election or appointment and qualification of its members, the Committee shall organize and choose by ballot a Chairman and a Vice Chairman from its own membership. At the same meeting or at any other meeting, the Committee shall appoint a Treasurer and Secretary who may be the same person but who need not be members of the Committee, choose such other officers as it deems advisable, determine the terms of office of its officers (except the Chairman and Vice Chairman, who shall be elected annually as provided above) and prescribe the powers and duties of any of its officers, fix the time and place for its regular meetings and provide for the calling of special meetings. SECTION Ii. Types of regional district schools. The regional district schools shall consist of facilities to serve the needs of grades six (6) through twelve (12). The Committee is hereby authorized to establish and maintain state -aided vocational education, acting as trustees therefor, in accordance with the provisions of Chapter 74 of the General Laws and Acts amendatory thereto or dependent thereon, if the Committee deems it desirable. SECTION III. Locations of regional district schools. The regional district schools shall be located within the district and within a five -mile radius from the intersection of Mid Cape Highway (Route 6) and Samoset Road (in Eastharn). SECTION IV. Apportionment and payment of costs incurred by the district. A. For the purpose of apportioning assessments levied by the district against the member towns, costs shall be divided into two (2) categories: capital costs and operating costs. B. Capital costs shall include all expenses in the nature of capital outlay, such as the cost of acquiring land, the cost of constructing, reconstructing and adding to buildings and the cost of remodeling or making extraordinary repairs to a school building or buildings, including without limitation the cost of the original equipment and furnishings for such buildings or additions, plans, architects' or consultants" fees, costs of sewage treatment or disposal, grading and other items incidental to placing school buildings and additions and related premises in operating condition and any other costs (whether or not so financed) which the district is or may be authorized by statute to finance by the issuance of bonds. Capital costs shall also include payment of principal and interest on bonds or other obligations issued by the district to finance the foregoing costs. Capital costs represented by debt service shalt be apportioned as capital costs of the year in which the debt service falls due. C. Operating costs shall include all costs not included in capital costs as defined in Section IV(B) but including interest on temporary notes issued by the districts in anticipation of revenue. J. Payment of all capital costs in any fiscal year shall be apportioned among the member t%V1I on the basis of their respective enrollments in the regional district schools on October 1 of the preceding fiscal year. Operating expenses of each fiscal year shall be apportioned to the member towns on the basis of their respective enrollments in the regional district schools on October 1 of the preceding fiscal year. F. Each member town shall pay its proportionate share of the capital and operating expenses to the regional school district in each fiscal year in four (4) equal installments, not later than the first days of September, December, March and June. SECTION V. Transportation. Transportation of all pupils to and from the regional district schools shall be furnished by the regional school district and the cost thereof shah be apportioned among the member towns as an operating expense. SECTION VI. Admission of additional towns. By an amendment of this agreement adopted under and in accordance with Section VIII below, any other town or towns may be admitted to the regional school district upon adoption as herein provided of such amendment and upon acceptance by the town or towns seeking admission of the agreement as so amended and also upon compliance with such provisions of law as may be applicable and such terms as may be set forth in such amendment. SECTION VII. Separation. A. Any member town may petition to withdraw from the regional school district under terms stipulated in a proposed amendment to the agreement, provided (1) that the town seeking to withdraw shall remain liable for any unpaid operating costs which have been certified by the District Treasurer to the treasurer of the withdrawing town, including the full amount so certified for the year in which such withdrawal takes effect, and (2) that said town shall remain liable to the district for its share of the indebtedness, other than temporary indebtedness incurred in anticipation of revenue, of the district outstanding at the time of such withdrawal, and for interest thereon, to the same extent and in the same manner as though the town had not withdrawn from the district, except that (1) where any portion of such liability is computed an the basis of pupil enrollment, such portion shall be assessed as if the withdrawing town had the same pupil enrollment in each grade each year as it had on the October 1 preceding its withdrawal, and (ii) such liability shall be reduced by any amount which such town has paid over at the time of withdrawal and which has been applied to the payment of such indebtedness or interest. B. Said petitioning town shall cease to be a member town if the proposed amendment is approved by the Committee and accepted by the petitioning town and each of the other member towns, acceptance by the petitioning town and by the other member towns to be by majority vote at an Annual or Special Town Meeting. C. Money received by the district from the withdrawing town for payment of funded indebtedness or interest thereon shall be used tor this purpose only, and until so used shall be deposited in trust in the name of the district with a bank or trust company having its principal office in Massachusetts having a combined capital and surplus of not less than five million dollars ($5,000,000. ). D. Upon the effective date of withdrawal the terms of office of all members serving on the Committee from the withdrawing town shall terminate and the total membership of the Committee, as provided in Section iA, shaii be decreased accordingly. SECTION VIII. Amendments. This agreement may be amended from time to time in the manner hereinafter provided, but no such amendment shall be made which shalt substantially impair the rights of the holders of any bonds or notes or other indebtedness of the district then outstanding, or the rights of the district to procure the means for payment thereof, provided that nothing in this section shall prevent the admission of tower, t.,....,., t., the district and thIe accordingly f capital +n f #I,,. q II�YV I.JVVLf LII LJVV I. to 1.11 district u11U LI IG reapportionment r�C lsorLill ll�.1y v1 cupILuf L1J LJ of the district then outstanding and of interest thereon. A proposal for amendment may be initiated by a signed petition bearing the signatures of ten percent (10%) of the registered voters of any one (1) of the member towns or by a majority of all the members of the regional district school committee. Any such proposal for amendment shall be presented to the Secretary of the Committee, who shall mail or deliver a notice, in writing, to the Board of Selectmen of each of the member towns that a proposal to amend this agreement has been received and shall enclose a copy of such proposal (without the signatures in the case of a proposal by petition). The Selectmen in each member town shall include in the warrant for the next Annual or a Special Town Meeting called for the purpose, an article stating the proposal or the substance thereof. Such amendment shall take effect upon its acceptance by each member town, in the manner hereinabove provided. SECTION IX. Budget. The Committee shall determine the amounts necessary to be raised to maintain and operate the regional schools during the ensuing fiscal year and the amount required for payment of debt and interest incurred by the District, which will be due in said year, and shall adopt an annual maintenance and operating budget for said year. The Committee shall then submit copies to the C' A.d ,.,r.. Commit= of mb r town there in n Advisor; 1 IliullLra• LA- /lUlYl�ly VL/I1111 iltillr cach IIII..IIIUI�I town Ll r, if them i.] no 1-111u11L4 yr Committee in a member town, to the Chairman of the Board of Selectmen of such town, for their consideration at least forty-five (45) days prior to the earliest business session of any member's Annual Town Meeting. The Committee shall apportion the annual budget in accordance with the provisions of Section IV. The amount so apportioned for each town shall be certified in accordance with M.G.I.. c. 71, § 16B by the District Treasurer to the Treasurers of the member towns, and each town shall appropriate the amounts so certified. l i j Nett. Orleans Town Char4.!r requires sub( nissit n Oil& hundred ally (150) days prior tv T.+w+ Meeting See Charter Ch 8. 2 SECTION X. Tuition pupils. The Committee may accept for enrollment in the regional district school pupils from towns other than the member towns on a tuition basis and on such terms as it may determine. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 MEMORANDUM TO: Brewster Select Board FROM: Conor Kenny RE: AT&T Lease Amendment and Generator Installation at 1657 Main Street DATE: 12/8/2023 AT&T is proposing to install a new 30kW diesel generator at 1657 Main Street, where it is currently a tenant of Crown Castle on the cell tower sited at that location. AT&T also leases ground space from the Town of Brewster at 1657 Main Street for cabinet space. There is no room within the existing 10’x 15’ concrete pad to install the proposed generator, so an amendment to the current lease agreement is required to allow the construction of the generator in the new area outlined in the plans. Town Counsel has reviewed the draft lease amendment and has no concerns. As a condition of approval, the Brewster Fire Department has requested the installation of bollards around the new area with no greater than a 4’ width, as well as a screen of 6’ arborvitae with a one-year warranty planted around the area of the bollards. If approved, AT&T will be required to revise its plans to incorporate these features, as well as contacting the Building Department to apply for the necessary permits. The Building Department has reviewed the initial plans and has no building or zoning concerns. We recommend that the Select Board approves this lease amendment and associated generator work, with the condition that AT&T secures the necessary permits from the Building Department, and modifies its plans to incorporate the Fire Department’s requests. Office of: Select Board Town Manager GENERAL DYNAMICS INFORMATION TECHNOLOGY | 3150 FAIRVIEW PARK DRIVE, FALLS CHURCH, VA 22042 | GDIT.COM July 28, 2023 Select Board Town of Brewster Brewster Town Hall 2198 Main Street Brewster, MA 02631 RE: PROPOSED INSTALLATION OF GENERATOR LOCATED AT 1657 MAIN ST, BREWSTER, MA 0 AT&T Site: Overlay‐AWE Brewster PD Dear Select Board: We’re submitting this proposal as an authorized agent of your tenant New Cingular Wireless PCS, LLC (“AT&T”). AT&T must maintain the ability to provide service in emergency and/or power outage situations. To prepare for those situations, AT&T is proposing to install a new 30kW diesel Generator at the above‐referenced site. Construction Drawings prepared by Ramaker & Associates dated June 31, 2022 along with a proposed First Amendment to Site Lease Agreement is enclosed for the Boards consideration. AT&T is requesting an additional 4’ x 10’ or 40 Square foot area to place a concrete pad to install the proposed generator. This installation is part of AT&T’s FirstNet program: The FirstNet mission is to deploy, operate, maintain, and improve the first high‐speed, nationwide wireless broadband network dedicated to public safety. This reliable, highly secure, interoperable, and innovative public safety communications platform will bring 21st century tools to public safety agencies and first responders, allowing them to get more information quickly and helping them to make faster and better decisions. For details please go to: www.firstnet.com Should you have any questions, please feel free contact me at (231) 649‐1985 or Lindsay.Erreca@gdit.com . We thank you for your cooperation in this matter. Best Regards, Lindsay Erreca, Site Acquisition Manager Acknowledged, Accepted and Agreed: Select Board Signature: ____________________________ Date:______________ T-1 TITLE SHEET TRB MJ R NORTH AERIAL VIEW OF SITE VICINITY MAP NORTH SHEET INDEXPROJECT INFORMATION APPLICABLE BUILDING CODE & STANDARDS ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITION OF THE FOLLOWING CODES AS ADOPTED BY THE GOVERNING LOCAL AUTHORITIES. NOTHING IN THESE PLANS ARE TO BE CONSTRUCTED TO PERMIT WORK NOT CONFORMING TO THESE CODES: 1. INTERNATIONAL BUILDING CODE 2015 2. NATIONAL ELECTRIC CODE 2020 3. AMERICAN CONCRETE INSTITUTE (ACI) 318, BUILDING CODE REQUIREMENTS FOR STRUCTURAL CONCRETE 4. AMERICAN INSTITUTE OF STEEL CONSTRUCTION (AISC), MANUAL OF STEEL CONSTRUCTION 5. TELECOMMUNICATIONS INDUSTRY ASSOCIATION (TIA) 222-G, STRUCTURAL STANDARDS FOR STEEL TOWER AND ANTENNA SUPPORTING STRUCTURES 6. TIA 607, COMMERCIAL BUILDING GROUNDING AND BONDING REQUIREMENTS FOR TELECOMMUNICATIONS SITE LOCATION SCOPE OF WORK ADD STANDBY GENERATOR, ASSOCIATED CONCRETE PAD, AND UTILITY EQUIPMENT TO EXISTING AT&T EQUIPMENT AREA. THERE WILL BE NO CHANGE IN THE SIZE OR HEIGHT OF THE TOWER OR ANTENNAS. SIGNATURE BLOCK AT&T MGR. DATE GENERAL DYNAMICS DATE CONSTRUCTION MGR. SITE ACQUISITION DATE Mobility 1657 MAIN STREET BREWSTER, MA 02631 SITE NAME: OVERLAY - AWE - BREWSTER PD FA LOCATION CODE: 10071588 CROWN BUN: 806690 Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C C: \ U s e r s \ r g u e r r e r o \ A p p D a t a \ L o c a l \ T e m p \ A c P u b l i s h _ 1 5 7 6 8 \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : r g u e r r e r o o n A u g 1 7 , 2 0 2 3 - 1 2 : 2 1 a m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION SCALE: NONE SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 08/17/2023FINAL Registered Structural Engineer Signature:Date: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Massachusetts. 8/17/2023 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 PROJECT MANAGER: BRIAN K SILBERT SR. REGIONAL MANAGER GENERAL DYNAMICS WIRELESS SERVICES 101 STATION DRIVE WESTWOOD, MA 02090 EMAIL:Brian.Silbert@GDIT.com ENGINEER: RAMAKER & ASSOCIATES, INC. 855 COMMUNITY DRIVE SAUK CITY, WI 53583 PH.: (608) 643-4100 FAX:(608) 643-7999 CONTACT: TYLER BEATTY EMAIL:tbeatty@ramaker.com APPLICANT INFORMATION: AT&T MOBILITY 7150 STANDARD DR HANOVER, MD 21076 SITE DATA: SITE NAME: OVERLAY - AWE - BREWSTER PD FA NUMBER:10071588 PROPERTY OWNER: CROWN CASTLE 2000 CORPORATE DR, 11TH FLR CANONSBURG, PA, 15317 ADDRESS: 1657 MAIN STREET BREWSTER, MA 02631 COUNTY:BREWSTER LAT.:41.756864° LONG.:-70.091144° GROUND ELEVATION: 32 FT AMSL DO NOT SCALE DRAWINGS: CONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS & CONDITIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME. THE INFORMATION CONTAINED IN THIS SET OF DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO THE CLIENT IS STRICTLY PROHIBITED. 30KW GENERATOR PROJECT GENERAC DIESEL GENERATOR 200A GENERAC ATS GENERAL: T-1 TITLE SHEET NOTES: N-1 GENERAL NOTES SITE: A-1 SITE PLAN & EQUIPMENT LAYOUT S-1 FOUNDATION DETAILS ELECTRICAL & GROUNDING: E-1 WIRING DETAILS E-2 PANEL AND PENETRATION DETAILS E-3 ATS, CONDUIT & GROUND ROD DETAILS E-4 GENERAC GENERATOR SPECIFICATIONS E-4.1 GENERAC GENERATOR SPECIFICATIONS E-4.2 GENERAC GENERATOR SPECIFICATIONS E-5 GENERAC ATS SPECIFICATIONS E-5.1 GENERAC ATS SPECIFICATIONS TO OBTAIN LOCATION OF PARTICIPANTS' UNDERGROUND FACILITIES BEFORE YOU DIG IN MASSACHUSETTS MASSACHUSETTS STATUTE CHAPTER 82, SECTION 40 REQUIRES MIN. 3 WORK DAYS NOTICE BEFORE YOU EXCAVATE. ME MB E R O N E CALL SY S T E MS I N T E RNAT IO N A L DIG SAFE SYSTEM, INC. 811 OR 1-888-344-7233 DIG SAFE SYSTEM, INC. 811 OR 1-888-344-7233 DIG SAFE SYSTEM, INC. 811 OR 1-888-344-7233 SITE LOCATION NOTES TO SUBCONTRACTOR: 1. THE GENERAL SUBCONTRACTOR MUST VERIFY ALL DIMENSIONS, CONDITIONS AND ELEVATIONS BEFORE PROCEEDING WITH THE WORK. ALL WORK SHALL BE PERFORMED IN A WORKMANLIKE MANNER IN ACCORDANCE WITH ACCEPTED CONSTRUCTION PRACTICES. 2. IT IS THE INTENTION OF THESE DRAWINGS TO SHOW THE COMPLETED INSTALLATION. THE SUBCONTRACTOR SHALL BE RESPONSIBLE FOR ALL TEMPORARY BRACING, SHORING, TIES, FORM WORK, ETC. IN ACCORDANCE WITH ALL NATIONAL, STATE, AND LOCAL ORDINANCES, TO SAFELY EXECUTE ALL WORK AND SHALL BE RESPONSIBLE FOR SAME. ALL WORK SHALL BE IN ACCORDANCE WITH LOCAL CODES. 3. THE SUBCONTRACTOR SHALL USE ADEQUATE NUMBER OF SKILLED WORKMAN WHO ARE THOROUGHLY TRAINED AND EXPERIENCED IN THE NECESSARY CRAFTS AND WHO ARE COMPLETELY FAMILIAR WITH THE SPECIFIED REQUIREMENTS AND METHOD NEEDED FOR PROPER PERFORMANCE OF THE WORK. 4. CONSTRUCTION SUBCONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION SUBCONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING THE SAFETY OF ALL PERSONS AND PROPERTY, THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS AND CONSTRUCTION SUBCONTRACTOR FURTHER AGREES TO INDEMNIFY AND HOLD DESIGN ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH PERFORMANCE OF WORK ON THIS PROJECT. 5. SITE GROUNDING SHALL COMPLY WITH AT&T WIRELESS SERVICES TECHNICAL SPECIFICATIONS FOR FACILITY GROUNDING FOR CELL SITE STANDARDS, LATEST EDITION, AND COMPLY WITH AT&T TOWERS GROUNDING CHECKLIST, LATEST VERSION. WHEN NATIONAL AND LOCAL GROUNDING CODES ARE MORE STRINGENT THEY SHALL GOVERN. GROUNDING SHALL BE COMPLETED BEFORE ERECTION OF TOWER. 6. ALL WORK SHALL COMPLY WITH OSHA AND STATE SAFETY REQUIREMENTS. PROCEDURES FOR THE PROTECTION OF EXCAVATIONS, EXISTING CONSTRUCTION AND UTILITIES SHALL BE ESTABLISHED PRIOR TO FOUNDATION INSTALLATION, IF TEMPORARY LIGHTING AND MARKING IS REQUIRED BY THE FEDERAL AVIATION ADMINISTRATION (FAA), IT IS THE SUBCONTRACTOR'S RESPONSIBILITY TO MAINTAIN THE NECESSARY LIGHTS AND NOTIFY THE PROPER AUTHORITIES IN THE EVENT OF A PROBLEM. 7. ALL WORK SHALL BE ACCOMPLISHED IN ACCORDANCE WITH ALL LOCAL, STATE, AND FEDERAL CODES OR ORDINANCES. THE MOST STRINGENT CODE WILL APPLY IN THE CASE OF DISCREPANCIES OR DIFFERENCES IN THE CODE REQUIREMENTS. 8. ANY DAMAGE TO THE ADJACENT PROPERTIES WILL BE CORRECTED AT THE SUBCONTRACTOR'S EXPENSE TO THE SATISFACTION OF THE LANDOWNER AND THE ENGINEER. 9. THE COMPLETE BID PACKAGE INCLUDES THESE CONSTRUCTION DRAWINGS ALONG WITH THE SPECIFICATIONS. SUBCONTRACTOR IS RESPONSIBLE FOR REVIEW OF TOTAL BID PACKAGE PRIOR TO BID SUBMITTAL.. 10. SUBCONTRACTOR SHALL VERIFY LOCATION OF ALL EXISTING UTILITIES WITHIN CONSTRUCTION LIMITS PRIOR TO CONSTRUCTION. 11. THE SUBCONTRACTOR IS RESPONSIBLE FOR MAINTAINING POSITIVE DRAINAGE ON THE SITE AT ALL TIMES. SILT AND EROSION CONTROL SHALL BE MAINTAINED ON THE DOWNSTREAM SIDE OF THE SITE AT ALL TIMES. ANY DAMAGE TO ADJACENT PROPERTIES WILL BE CORRECTED AT THE SUBCONTRACTOR'S EXPENSE. 12. CLEARING OF TREES AND VEGETATION ON THE SITE SHOULD BE HELD TO A MINIMUM. ONLY THE TREES NECESSARY FOR CONSTRUCTION OF THE FACILITIES SHALL BE REMOVED. ANY DAMAGE TO THE PROPERTY OUTSIDE THE LEASED PROPERTY SHALL BE REPAIRED BY THE SUBCONTRACTOR. 13. ALL SUITABLE BORROW MATERIAL FOR BACK FILL OF THE SITE SHALL BE INCLUDED IN THE BID. EXCESS TOPSOIL AND UNSUITABLE MATERIAL SHALL BE DISPOSED OF OFF SITE AT LOCATIONS APPROVED BY GOVERNING AGENCIES PRIOR TO DISPOSAL. 14. SEEDING AND MULCHING OF THE SITE WILL BE ACCOMPLISHED AS SOON AS POSSIBLE AFTER COMPLETION OF THE SITE DEVELOPMENT. THE SUBCONTRACTOR IS RESPONSIBLE FOR PROVIDING AND MAINTAIN AN ADEQUATE COVER OF VEGETATION OVER THE SITE FOR A ONE YEAR PERIOD. 15. PERMITS: THE SUBCONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING AND INCURRING THE COST OF ALL REQUIRED PERMITS, INSPECTIONS, CERTIFICATES, ETC. 16. RECORD DRAWINGS: MAINTAIN A RECORD OF ALL CHANGES, SUBSTITUTIONS BETWEEN WORK AS SPECIFIED AND INSTALLED. RECORD CHANGES ON A CLEAN SET OF CONTRACT DRAWINGS WHICH SHALL BE TURNED OVER TO THE CONSTRUCTION MANAGER UPON COMPLETION OF THE PROJECT. 17. THE PLANS SHOW SOME KNOWN SUBSURFACE STRUCTURES, ABOVE GROUND STRUCTURES AND/OR EXISTING UTILITIES BELIEVED TO BE IN THE WORKING AREA. IT IS THE RESPONSIBILITY OF THE SUBCONTRACTOR TO VERIFY ALL UTILITIES, PIPELINES AND OTHER STRUCTURES SHOWN OR NOT SHOWN ON THESE PLANS. THE SUBCONTRACTOR SHALL CONTACT THE LOCAL JURISDICTION'S DIGGER'S HOTLINE BEFORE DIGGING OR DRILLING. ANY DAMAGE TO EXISTING UTILITIES SHALL BE REPAIRED TO THE SATISFACTION OF THE OWNER AND ENGINEER AT THE SUBCONTRACTOR'S EXPENSE. GENERAL NOTES: 1. THIS PROPOSAL IS FOR THE ADDITION OF A NEW GENERATOR ON A CONCRETE PAD TO AN EXISTING UNMANNED TELECOMMUNICATIONS FACILITY CONSISTING OF AN EQUIPMENT SHELTER AND TOWER. 2. THE PROPOSED FACILITY WILL BE UNMANNED AND DOES NOT REQUIRE POTABLE WATER OR SEWER SERVICE. 3. THE PROPOSED FACILITY IS UNMANNED AND IS NOT FOR HUMAN HABITAT. (NO HANDICAP ACCESS IS REQUIRED) 4. OCCUPANCY IS LIMITED TO PERIODIC MAINTENANCE AND INSPECTION, APPROXIMATELY 2 TIMES PER MONTH BY AT&T TECHNICIANS. 5. OUTDOOR STORAGE AND SOLID WASTE CONTAINERS ARE NOT PROPOSED. 6. ALL MATERIAL SHALL BE FURNISHED AND WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE PROJECT SPECIFICATIONS. 7. SUBCONTRACTOR SHALL BE RESPONSIBLE FOR REPAIRING ANY DAMAGE CAUSED BY THE CONSTRUCTION OPERATION. 8. SUBCONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ALL PERMITS AND INSPECTION REQUIRED FOR CONSTRUCTION. 9. SUBCONTRACTOR SHALL REMOVE ALL TRASH AND DEBRIS FROM THE SITE ON A DAILY BASIS. ELECTRICAL NOTES: A. GENERAL 1.COORDINATE LOCATION AND POWER REQUIREMENTS OF ALL EQUIPMENT WITH AT&T AND EQUIPMENT SUPPLIER PRIOR TO INSTALLATION. 2.COORDINATE LOCATION AND REQUIREMENTS FOR ELECTRICAL AND TELEPHONE SERVICES WITH THE PROPERTY REPRESENTATIVE, AT&T AND UTILITY COMPANIES. ROUTING OF CONDUITS MAY BE MODIFIED TO MEET SITE REQUIREMENTS. EXACT CONDUIT ROUTING TO BE DETERMINED IN THE FIELD. 3.ALL WIRING AND EQUIPMENT SHOWN ON ELECTRICAL SHEETS SHALL BE FURNISHED AND INSTALLED UNDER ELECTRICAL PORTION OF CONTRACT UNLESS OTHERWISE NOTED 4.UNINTERRUPTED ELECTRICAL SERVICE FOR EXISTING EQUIPMENT SHALL BE MAINTAINED DURING THE INSTALLATION OF THE WORK DESCRIBED UNDER THESE DOCUMENTS. TEMPORARY EQUIPMENT, CABLES AND WHATEVER ELSE IS NECESSARY SHALL BE PROVIDED AS REQUIRED TO MAINTAIN ELECTRICAL SERVICE. TEMPORARY SERVICE FACILITIES, IF REQUIRED AT ANY TIME, SHALL NOT BE DISCONNECTED OR REMOVED UNTIL NEW SERVICE EQUIPMENT IS IN PROPER OPERATION. IF ANY SERVICE OR SYSTEM MUST BE INTERRUPTED, THE CONTRACTOR SHALL REQUEST PERMISSION IN WRITING STATING THE DATE, TIME, ETC. THE SERVICE WILL BE INTERRUPTED AND THE AREAS AFFECTED. THIS REQUEST SHALL BE MADE IN SUFFICIENT TIME FOR PROPER ARRANGEMENTS TO BE MADE. WRITTEN PERMISSION SHALL BE OBTAINED FROM THE OWNER BEFORE INTERRUPTING ELECTRICAL SERVICE. 5.COORDINATE NEW WORK WITH OTHER TRADES AND VERIFY EXISTING CONDITIONS TO AVOID INTERFERENCE. IN CASE OF INTERFERENCE, AT&T'S REPRESENTATIVE WILL DECIDE WHICH WORK IS TO BE RELOCATED, REGARDLESS OF WHICH WAS FIRST INSTALLED. 6.THE INSTALLATION MUST COMPLY WITH NEC AND ALL FEDERAL, STATE AND LOCAL RULES AND REGULATIONS. 7.THE DRAWINGS ARE DIAGRAMMATIC AND INDICATE THE GENERAL ARRANGEMENT OF SYSTEMS AND EQUIPMENT UNLESS OTHERWISE DEFINED BY DIMENSIONS OR DETAILS. EXACT EQUIPMENT LOCATIONS AND RACEWAY ROUTING SHALL BE GOVERNED BY ACTUAL FIELD CONDITIONS AND/OR DIRECTIONS FROM AT&T'S REPRESENTATIVE. 8.CONTRACTOR SHALL PAY ALL PERMITS AND FEES REQUIRED. 9.ALL MATERIALS SHALL BE FURNISHED AND WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE APPLICABLE SECTIONS OF THE STANDARDS REFERENCED BELOW: a.ANSI (AMERICAN NATIONAL STANDARDS INSTITUTE) b.ASTIM (AMERICAN SOCIETY FOR TESTING MATERIALS) c.ETL (ELECTRICAL TESTING LABORATORY) d.ICEA (INSULATED CABLE ENGINEERS ASSOCIATION) e.IEEE (INSTITUTE OF ELECTRICAL AND ELECTRONIC ENGINEERS) f.MBFU (NATIONAL BOARD OF FIRE UNDERWRITERS) g.NESC (NATIONAL ELECTRICAL SAFETY CODE) h.NEMA (NATIONAL ELECTRICAL MANUFACTURER'S ASSOCIATION) i.NFPA (NATIONAL FIRE PROTECTION ASSOCIATION) j.UL (UNDERWRITER'S LABORATORY) 10.CONTRACTOR SHALL REVIEW PLANS, DETAILS AND SPECIFICATIONS IN DETAIL AND ADJUST WORK TO CONFORM WITH ACTUAL SITE CONDITIONS SO THAT ELECTRICAL DEVICES AND EQUIPMENT WILL BE LOCATED AND READILY ACCESSIBLE. QUANTITIES LISTED IN MATERIAL LISTS ON THE DRAWINGS ARE FOR INFORMATION ONLY. THE CONTRACTOR SHALL PROVIDE HIS OWN TAKEOFF FOR MATERIAL QUANTITY AND TYPES BASED ON ACTUAL SITE CONDITIONS, IN ADDITION, CONTRACTOR SHALL PROVIDE ALL NECESSARY MATERIALS TO INSTALL EQUIPMENT FURNISHED BY AT&T OR ITS SUPPLIERS. ALL ITEMS NOT SPECIFICALLY MENTIONED HEREIN OR SHOWN ON THE DRAWINGS, BUT WHICH ARE OBVIOUSLY NECESSARY TO MAKE A COMPLETE WORKING INSTALLATION, SHALL BE INCLUDED. 11.THE CONTRACTOR OR BIDDER SHALL BEAR THE RESPONSIBILITY OF NOTIFYING (IN WRITING) AT&T'S REPRESENTATIVE OF ANY CONFLICTS PRIOR TO THE SUBMISSION OF CONTRACTOR'S PROPOSAL OR PERFORMANCE OF WORK, IN THE EVENT OF DISCREPANCIES THE CONTRACTOR SHALL PRICE THE MORE COSTLY OR EXTENSIVE WORK, UNLESS DIRECTED IN WRITING OTHERWISE. 12.ALL FLOORS WHERE PENETRATIONS ARE REQUIRED IN BUILDING ARE TO BE CORE DRILLED AND THEN FIREPROOFED. B. WIRING/CONDUIT 1.PROVIDE PULL BOXES AND JUNCTION BOXES WHERE SHOWN OR AS REQUIRED BY CODE SUCH THAT NO MORE THAN THE EQUIVALENT OF FOUR QUARTER BENDS (380 DEGREES TOTAL) EXIST IN A CONDUIT RUN. 2.ALL POWER AND CONTROL/INDICATION WIRING SHALL BE TYPE THHN/THWN 800V RATED 75 DEGREES CELSIUS, UNLESS NOTED OTHERWISE. 3.SCHEDULE 80 PVC CONDUIT SHALL BE USED ABOVE GROUND, WHERE ABOVE GRADE IS DEFINED AS THE GROUND OF THE TURN-UP 4.BELL END OR TERMINAL ADAPTER MUST BE INSTALLED ON END OF PVC CONDUIT PER NEC 352.46. 300.4 F, (3) 5.CONDUIT BENDS SHALL BE MADE IN ACCORDANCE WITH NEC TABLE 346-10. NO RIGHT ANGLE DEVICE OTHER THAN STANDARD CONDUIT ELBOWS WITH 12" MINIMUM INSIDE SWEEPS FOR ALL CONDUITS 2" OR LARGER. 6.POWER WIRING SIZE SHALL NOT BE SMALLER THAN #12 AWG. 7.ALL WIRING SHALL BE COPPER. ALUMINUM WILL NOT BE ACCEPTABLE ALL POWER CIRCUITS SHALL CONTAIN A GROUND WIRE. 8.PHASE MARKINGS TO BE USED AT POWER CONDUCTOR TERMINATIONS. 9.CONTRACTOR SHALL ENSURE INTEGRITY IS MAINTAINED WHEN INSTALLING CONDUIT AND WIRING. 10.INSTALL PULL STRING IN ALL CONDUIT. 11.FOR ROOFTOP INSTALLS AND BUILD-OUTS, CONDUITS INSIDE BUILDING AND ON ROOF SHALL BE RGS, UNLESS OTHERWISE NOTED. FOR RAW LAND SITES AND CO-LOCATES, PVC SCHEDULE 80 SHALL BE UTILIZED UNLESS NOTED OTHERWISE. 12.MAINTAIN MINIMUM 1'-0" VERTICAL AND 1'-0" HORIZONTAL SEPARATIONS FROM ANY MECHANICAL GAS PIPING. 13.ALL WIRING ROUTED IN PLENUM TO BE RATED OR IN METALLIC FLEX (LIQUIDITE) CONDUIT. C. EQUIPMENT 1.EQUIPMENT/PARTS CONNECTED TO EXISTING PANELS, DUCTS, ETC. SHALL MATCH THE CHARACTERISTICS (A/C, V, A) OF THAT EQUIPMENT. 2.ALL ELECTRICAL EQUIPMENT OUTSIDE SHALL BE NEMA OR 3R RATED. D. GROUNDING 1.ALL GROUND CONNECTIONS TO BUILDING SHALL BE MADE USING TWO-HOLE CONNECTORS. PROVIDE STAINLESS STEEL BOLTS AND LOCK WASHERS ON ALL MECHANICAL GROUND CONNECTIONS. 2.ALL EQUIPMENT SURFACES TO BE BONDED TO GROUNDING SYSTEM SHALL BE STRIPPED OF ALL PAINT AND DIRT. CONNECTIONS TO VARIOUS METALS SHALL BE OF A TYPE AS TO CAUSE A GALVANIC OR CORROSIVE REACTION. AREA SHALL BE REPAINTED FOLLOWING BONDING. 3.ANY METALLIC ITEM WITHIN 6' OF GROUND CONDUCTORS MUST BE CONNECTED TO THE GROUNDING SYSTEM. 4.EXTERIOR, ABOVE GRADE GROUND CONNECTIONS SHALL BE FURNISHED WITH A LIBERAL PROTECTIVE COATING OF ANTI-OXIDE COMPOUND. 5.ALL MATERIALS AND LABOR REQUIRED FOR THE GROUNDING SYSTEM AS INDICATED ON THE PLANS AND DETAILS, AND AS DESCRIBED HEREIN SHALL BE FURNISHED BY THIS CONTRACTOR UNLESS OTHERWISE NOTED. 6.EXACT LOCATION OF GROUND CONNECTION POINTS SHALL BE DETERMINED IN FIELD. ADJUST LOCATIONS INDICATED ON PLANS ACCORDING TO ACTUAL EQUIPMENT LOCATIONS TO KEEP THE GROUND CONNECTION CABLES AS SHORT AS PRACTICAL. 7.PROVIDE ALL ELECTRICAL SYSTEM AND EQUIPMENT GROUNDS AS REQUIRED BY THE CURRENT EDITION OF THE NATIONAL ELECTRIC CODE AND THE CURRENT EDITION OF THE NATIONAL ELECTRICAL SAFETY CODE. BONDING JUMPERS WITH APPROVED GROUND FITTINGS SHALL BE INSTALLED AT ALL RACEWAYS, EQUIPMENT ENCLOSURES, PULL BOXES, ETC. TO MAINTAIN GROUND CONTINUITY WHERE REQUIRED BY CODE. 8.ALL EQUIPMENT GROUND CONDUCTORS SHALL BE TIN COATED, #2 AWG COPPER UNLESS NOTED OTHERWISE ON THE DRAWINGS. 9.PROVIDE PRE AND POST GROUND TEST RESULTS, USING CLAMP-ON TESTER. TEST RESULTS SHALL BE PHOTOS WITH DIGITAL TIME AND GPS STAMPED/EMBEDDED. E. INSPECTION/DOCUMENTATION 1.THE CONTRACTOR, UPON COMPLETION OF HIS WORK, SHALL PROVIDE AS-BUILT DRAWINGS. INFORMATION SHOULD BE GIVEN TO THE GENERAL CONTRACTOR FOR INCLUSION IN FINAL AS-BUILT SURVEY DOCUMENTS TO BE GIVEN TO THE OWNER. 2.CONTRACTOR SHALL SUPPLY DOCUMENTATION ATTESTING TO THE COMPLETE GROUND SYSTEM'S RECEPTIVITY (MAX. 5 OHMS). 3.AN ELECTRICAL INSPECTION SHALL BE MADE BY AND INSPECTING AGENCY APPROVED BY AT&T'S REPRESENTATIVE. CONTRACTOR SHALL COORDINATE ALL INSPECTIONS AND OBTAIN POWER COMPANY APPROVAL. 4.CONTRACTOR SHALL HAVE ATS AND GENERATOR RELAY INSTALLATION AND CONNECTIONS INSPECTED BY OTHERS TO ENSURE THAT UL LISTING FOR THAT EQUIPMENT IS NOT VOIDED. N-1 GENERAL NOTES TRB MJ R Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C C: \ U s e r s \ r g u e r r e r o \ A p p D a t a \ L o c a l \ T e m p \ A c P u b l i s h _ 1 5 7 6 8 \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : r g u e r r e r o o n A u g 1 7 , 2 0 2 3 - 1 2 : 2 1 a m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION SCALE: NONE SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 08/17/2023FINAL Registered Structural Engineer Signature:Date: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Massachusetts. 8/17/2023 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 PROPOSED AT&T UNDERGROUND GENERATOR CONDUIT ROUTE. SEE DETAIL 2/S-1 PROPOSED AT&T ALARM CONDUIT ROUTE. TYP. EXISTING CHAIN LINK FENCE, TYP. EXISTING ACCESS GATE, TYP. EXISTING ICE BRIDGE, TYP. EXISTING SELF SUPPORT TOWER #2 AWG SOLID TINNED COPPER GROUND WIRE TO EXISTING FENCE GROUND RING, GROUND GENERATOR PER MFG. SPECS. SEE DETAIL 2/E-3. 10'-0" EXHAUST RADIUS PROPOSED AT&T GENERAC 30kW DIESEL GENERATOR LOCATION. SEE SHEET E-4 FOR SPECIFICATIONS. PROPOSED AT&T 4'-0" X 10'-0" CONCRETE PAD. SEE SHEET S-1 FOR DETAILS. #2 AWG SOLID TINNED COPPER GROUND WIRE TO PROPOSED GROUND ROD, GROUND GENERATOR PER MFG. SPECS. SEE DETAIL 2/E-3. E E E E E E T T T T T T EXISTING CONCRETE PAD, BY OTHERS. EXISTING EQUIPMENT SHELTER, BY OTHERS. EXISTING CONCRETE PAD, BY OTHERS. EXISTING CONCRETE PAD, BY OTHERS. 10 ' - 0 " 2'- 0 " PROPOSED AT&T AUTOMATIC TRANSFER SWITCH ON EXISTING H-FRAME W/ 3' CLEARANCE IN FRONT. SEE SHEET E-3 FOR DETAILS. EXISTING AT&T METER & DISCONNECT EXISTING AC PANEL EXISTING CAMLOCK & MTS EXISTING TELCO BOARD 4'-0 " 2'- 7 " 4'- 0 " 4'- 0 " PROPOSED 6' ARBORVITAE WITH ONE-YEAR WARRANTY TO BE PLANTED AT TIME OF INSTALLATION, TYP. PROPOSED BOLLARDS, TYP. EXISTING PARKING LOT EXISTING TRANSFORMER 1'- 0 " USE YELLOW PLASTIC COVER, 1/8" THICK, WITH RED/BLACK BANDS 6" O.D. SCH. 40 GALV. PIPE BOLLARD, FILLED WITH 2000 P.S.I. CONCRETE, TYP. END OF PLASTIC COVER, CUT AS NEEDED CONCRETE FOOTING FINISHED GRADE 3'- 2 " 4" M I N . 3'- 6 " 2" 612" 1'-6" 3'- 8 " 1/ 2 " M I N . A-1 SITE PLAN & EQUIPMENT LAYOUT TRB MJ R SCALE: 1" = 7.5' SITE PLAN 1 NORTH Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C C: \ U s e r s \ r g u e r r e r o \ A p p D a t a \ L o c a l \ T e m p \ A c P u b l i s h _ 1 5 7 6 8 \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : r g u e r r e r o o n A u g 1 7 , 2 0 2 3 - 1 2 : 2 1 a m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION 0 15'7.5'3.75' 11" x 17" 22" x 34" - 1" = 7.5' - 1" = 3.75' SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 08/17/2023FINAL Registered Structural Engineer Signature:Date: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Massachusetts. 8/17/2023 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 SCOPE OF WORK DETAILS GENERAL: ·NEW GENERAC DIESEL GENERATOR PROVIDED BY GENERAL DYNAMICS & INSTALLED BY GENERAL CONTRACTOR, SEE E-4. ·NEW 4'-0" X 10'-0" CONCRETE PAD PROVIDED & INSTALLED BY GENERAL CONTRACTOR (AS REQUIRED) SEE S-1 ·NEW GENERAC AUTOMATIC TRANSFER SWITCH PROVIDED BY GENERAL DYNAMICS & INSTALLED BY CONTRACTOR (AS REQUIRED) SEE E-3 & E-5. ·CONTRACTOR TO VERIFY ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION ·CONTRACTOR SHALL RESTORE & REPAIR ANY DAMAGED AREAS CAUSED BY CONSTRUCTION TO ORIGINAL OR BETTER CONDITION CONDUITS: ·INSTALL PULL STRING IN EACH CONDUIT ·(1) NEW 2" AND (1) NEW 1" ELECTRICAL CONDUITS WITH CONDUCTORS TO RUN FROM NEW GENERATOR TO NEW ATS. CONDUIT PROVIDED AND INSTALLED BY GENERAL CONTRACTOR. SEE E-1, E-2 & E-3. ·(1) NEW 1" ELECTRICAL CONDUIT WITH CONDUCTORS TO RUN FROM NEW GENERATOR TO AC PANEL. CONDUIT PROVIDED & INSTALLED BY GENERAL CONTRACTOR. SEE E-1, E-2 & E-3. ·(1) NEW 1" ALARM CONDUIT & CABLING PROVIDED & INSTALLED BY GENERAL CONTRACTOR. SEE E-1, E-2 & E-3. GROUNDING: ·NEW EXOTHERMIC CONNECTION FROM EXISTING GROUND RING TO NEW MECHANICAL CONNECTION AT GENERATOR CHASSIS. GENERAL CONTRACTOR TO VERIFY LOCATION IN FIELD. LOCATE GROUND RODS NO MORE THAN 8'-0" APART. SCALE: 3/8" = 1'-0" PIPE BOLLARD DETAIL 2 STRUCTURAL GENERAL NOTES 1.0 GENERAL CONDITIONS 1.1 DESIGN & CONSTRUCTION OF ALL WORK SHALL CONFORM TO LOCAL BUILDING CODES, ACI 318-11. IN CASE OF CONFLICT BETWEEN THE CODES, STANDARDS, REGULATIONS, SPECIFICATIONS, GENERAL NOTES AND/OR MANUFACTURER'S REQUIREMENTS, USE THE MOST STRINGENT PROVISIONS. 1.2 IT IS THE EXPRESS INTENT OF PARTIES INVOLVED IN THIS PROJECT THAT THE CONTRACTOR OR SUBCONTRACTOR OR INDEPENDENT CONTRACTOR OR THE RESPECTIVE EMPLOYEES SHALL EXCULPATE THE ARCHITECT, THE ENGINEER, TECH. CONSTRUCTION MANAGER, THE OWNER, & THEIR AGENTS FROM ANY LIABILITY WHATSOEVER & HOLD THEM HARMLESS AGAINST LOSS, DAMAGES, LIABILITY OR ANY EXPENSE ARISING IN ANY MATTER FROM THE WRONGFUL OR NEGLIGENT ACT, OR FAILURE TO CARRY METHODS, TECHNIQUES OR PROCEDURES OR FAILURE TO CONFORM TO THE STATE SCAFFOLDING ACT IN CONNECTIONS WITH THE WORK. 1.3 DO NOT SCALE DRAWINGS 1.4 VERIFY ALL EQUIPMENT MOUNTING DIMENSIONS PER MANUFACTURER DRAWINGS 1.5 DESIGN LOADS ARE (GENERAC): LIVE LOAD : 100 PSF EQUIPMENT SIZE : 889.1" H, 106" W, 38" D WEIGHT WITH WOODEN SHIPPING SKID ENCLOSED GENERATOR : 3974 LBS 2.0 FOR DESIGN & ANALYSIS OF THE FOUNDATION, THE MINIMUM NET SOIL BEARING CAPACITY SHALL BE ASSUMED TO BE 2000 PSF. 3.0 CONCRETE 3.1 MEET OR EXCEED THE FOLLOWING CODES & STANDARDS: DESIGN : ACI318-11 CONSTRUCTION : ACI301 DETAILING : CRSI MANUAL OF STANDARD PRACTICE REINF. STEEL : ASTM A 615 GRADE 60, DEFORMED MIXING : ASTM C 94. READY MIX CONCRETE AIR ENTRAINMENT : ACI 318 AND ASTM C-260 AGGREGATE : ASTM C 33 AND C 330 (FOR LIGHT WEIGHT) 3.2 CONCRETE STRENGTH AT 28 DAYS SHALL BE 4000 PSI MINIMUM 3.3 DO NOT FIELD BEND OR WELD TO GRADE 60 REINFORCED STEEL 3.4 PROVIDE AIR ENTRAINED CONCRETE WITH AIR CONTENT OF 5 TO 7% FOR ALL CONCRETE EXPOSED TO EARTH OR WEATHER. 3.5 MAXIMUM AGGREGATE SIZE: 3/4" 3.6 DO NOT USE IN ADMIXTURE, WATER OR OTHER CONSTITUENTS OF CONCRETE WHICH HAS CALCIUM CHLORIDE. 3.7 MINIMUM COVER FOR REINFORCING STEEL SHALL BE AS SHOWN ON PLAN. 4.0 FOUNDATION & EXCAVATION NOTES 4.1 SLAB SHALL BE CONSTRUCTED UPON UNDISTURBED, NATURAL SUBGRADE OR COMPACTED GRANULAR FILL WITH AN ASSUMED MINIMUM NET ALLOWABLE BEARING CAPACITY OF 1800 PSF. 4.2 ALL ORGANIC AND/OR OTHER UNSUITABLE MATERIAL SHALL BE REMOVED FRO FOUNDATION & SLAB SUBGRADE & BACKFILL AREAS, & THEN BACKFILLED WITH ACCEPTABLE GRANULAR FILL COMPACTED TO 95% OF MAXIMUM DENSITY AT OPTIMUM MOISTURE CONTENT (ASTM D1557). 4.3 THE CONTRACTOR SHALL PROVIDE ALL NECESSARY MEASURES TO PREVENT ANY WATER, FROST, OR ICE FROM PENETRATING ANY FOOTING OR STRUCTURAL SUBGRADE BEFORE & AFTER PLACING OF CONCRETE, AND UNTIL SUCH CONCRETE HAS FULLY CURED. NOTES: 1. PROVIDE PVC CONDUIT BELOW GRADE EXCEPT AS NOTED BELOW. 2. PROVIDE RGS CONDUIT AND ELBOWS AT STUB UP LOCATIONS (I.E. SERVICE POLE, BTS EQUIPMENT, ETC.) 3. INSTALL UTILITY PULLBOXES PER NEC. 2'- 0 " 2'- 8 " 4" 6" 6" 6" WARNING TAPE COMPACTED BACKFILL (SUITABLE ON SITE MATERIAL) UNDISTURBED SOIL RESTORE SURFACE TO MATCH ORIGINAL CONDITION ELECTRICAL CONDUIT(S) WHERE APPLICABLE * * SEPARATION DIMENSION TO BE VERIFIED WITH LOCAL UTILITY COMPANY REQUIREMENTS NOTE: VERIFY WIRE AND CONDUIT QUANTITY & SIZES WITH GENERATOR MAKE & MODEL # PRIOR TO INSTALLATION. VERIFY ELECTRICAL REQUIREMENTS WITH LOCAL UTILITY PROVIDER. 6" TYP. DOUBLE WALL FUEL TANK BASE SPECIFICATION REF: ATT 30KW GENERATOR PACKAGE UL REGISTRATION NUMBER: MH18459 U.L. 142 DOUBLE WALL FUEL TANK BASE SPECIFICATION FUEL TANK BASE CONSTRUCTION: ·BE CONSTRUCTED IN ACCORDANCE WITH UNDERWRITERS LABORATORIES STANDARD UL-142. BE CONSTRUCTED IN ACCORDANCE WITH FLAMMABLE & COMBUSTIBLE LIQUIDS CODE, NFPA 30; THE STANDARD FOR INSTALLATION & USE OF STATIONARY COMBUSTIBLE ENGINE & GAS TURBINES, NFPA 37; AND THE STANDARD FOR EMERGENCY & STANDBY POWER SYSTEMS, NFPA 110. ·ANCHORS MINIMUM (4) @ 5/8" FOR GEN-SET MOUNTING SUB BASE TANK TESTING: PRIMARY TANK & SECONDARY CONTAINMENT BASIN SECTIONS SHALL BE PRESSURIZED AT 3-5 PSI AND LEAK-CHECKED TO ENSURE INTEGRITY OF SUB BASE WELD SEAMS PER UL-142 STANDARDS FUEL FILL: 5 GALLON SPILL CONTAINMENT WITH ALARM ·40% REMAINING FOR ALARM ·20% REMAINING FOR SHUT-DOWN FACTORY PRE-SET AT 95% FULL FOR ALARM FUEL CONTAINMENT BASIN: SUB BASE TANK SHALL INCLUDE A WELDED STEEL CONTAINMENT BASIN, SIZED AT A MINIMUM OF 110% OF THE TANK CAPACITY TO PREVENT ESCAPE OF FUEL INTO THE ENVIRONMENT IN THE EVENT OF A TANK RUPTURE. A FUEL CONTAINMENT BASIN LEAK DETECTOR SWITCH SHALL BE PROVIDED. 8" 3 4" CHAMFER, TYP. 8" THICK CONCRETE SLAB, 4000 PSI GENERATOR 1'-0" BLOCKOUT 10'-0" 2'- 0 " BL O C K O U T #5 @ 12" EACH WAY GENERATOR OUTLINE - VERIFY 6" MINIMUM 95% DENSITY CLEAN AND COMPACTED FILL PROPOSED CONDUITS A 634" 2'- 1 0 12" 634" 4'- 0 " 8'-10"7"7" 7 1 2" ℄ B O L T S 7 1 2" ℄ B O L T S ℄ 5/8" DIA. SIMPSON STRONG BOLT 2 SS EXPANSION ANCHOR (QTY. & SPACING PER GEN. INSTALLATION REQS.) #5, MAINTAIN 3" CLEAR FROM EDGE A #5 @ 12" EACH WAY. MAINTAIN 3" CLEAR FROM TOP & SIDES 4" 1'- 0 " 1'-0" ELECTRICAL CONTRACTOR TO INSTALL SLIP JOINT FOR FROST AREAS SEE DETAIL 4/S-1 CONDUIT PLUG FOR SPARE CONDUIT CONDUIT COUPLING EXPANSION JOINT PROPOSED CONDUIT CONDUIT ELBOW FOUNDATION PLAN SCALE: NTS 1 SECTION A-A SCALE: NTS 3 SLIPJOINT DETAIL SCALE: NTS 4 UTILITY CONDUIT TRENCH SCALE: NTS 2 S-1 FOUNDATION DETAILS TRB MJ R Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C C: \ U s e r s \ r g u e r r e r o \ A p p D a t a \ L o c a l \ T e m p \ A c P u b l i s h _ 1 5 7 6 8 \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : r g u e r r e r o o n A u g 1 7 , 2 0 2 3 - 1 2 : 2 1 a m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION SCALE: NONE SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 08/17/2023FINAL Registered Structural Engineer Signature:Date: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Massachusetts. 8/17/2023 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 M 1 2 4 3 PROPOSED 30KW GENERATOREXISTING 200A SERVICE DISCONNECTEXISTING METER EXISTING 120/240, 1ɸ 200A DISTRIBUTION PANEL 20A 20A G PROPOSED 120/240,1ɸ, 60Hz 200A NEMA 3R ATS EXISTING 200A SERVICE FEED #2 AWG SOLID TINNED GROUND (TYP) 20A 7 PROPOSED GENERATOR RECEPTACLE PROPOSED 66 BLOCK FOR GENERATOR ALARM CIRCUITS (IN EXISTING PURCELL CABINET) 6 120/240, 1ɸ, 60Hz 125A 5 DIAGRAM CIRCUIT SCHEDULE NO. 1 2 3 4 5 NORMAL POWER SOURCE FROM AUTOMATIC TRANSFER SWITCH GENERATOR AUTOMATIC TRANSFER SWITCH LOAD CENTER (DISTRIBUTION CENTER) AUTOMATIC TRANSFER SWITCH TO LOAD CENTER AUTOMATIC TRANSFER SWITCH GENERATOR GENERATOR, ATS (3)3/0 WIRES (3)3/0 (2)#10 (2)#12 (2)#12 (2)#12 (1)#4 GROUND (1)#4 (1)#10 (1)#12 (1)#12 (1)#12 2" CONDUIT SIZE 2" 1" 1" 1" 1" NORMAL POWER FEEDER TO ATS (CUT BACK EXISTING) FUNCTION POWER FEEDER FROM ATS TO PANEL EMERGENCY POWER FEEDER TO ATS START CIRCUIT CIRCUIT FOR GENERATOR BLOCK HEATER & BATTERY HEATER CIRCUIT FOR BATTERY CHARGER CIRCUIT FOR ATS 6 GENERATOR AUTOMATIC TRANSFER SWITCH 12-PAIR 24 AWG OR 2EA 6-PAIR CAT5 N/A 1" ALARM CABLES (1) 12 PAIR 24 AWG. PROVIDE 24" OF SLACK CABLE. FINAL PUNCH DOWN IS BY AT&T TECH. LABEL ALL WIRES 7 AUTOMATIC TRANSFER SWITCH ALARM BLOCK ALARM CABLES (1) 12 PAIR 24 AWG (RUN TO PURCELL CABINET & INTO ALARM BOX). PROVIDE 24" OF SLACK CABLE. FINAL PUNCH DOWN IS BY AT&T TECH. LABEL ALL WIRES 12-PAIR 24 AWG OR 2EA 6-PAIR CAT5 N/A 1" (3)#1 (1)#6 1-1/2" ALARM WIRE IDENTIFICATION CHART BROWN BROWN / WHITE WIRE GREEN GREEN / WHITE BLUE BLUE / WHITE ORANGE ORANGE / WHITE BROWN * BROWN / WHITE * *CAT5 CABLE ONLY, FROM 2ND CAT5 CABLE GENERATOR RUNNING ALARM CRITICAL FAULT MINOR FAULT LOW FUEL FUEL LEAK E-1 WIRING DETAILS TRB MJ R SCALE: NTS CIRCUIT DETAIL 1 SCALE: NTS ALARM WIRING IDENTIFICATION CHART 2 SCALE: NTS PROPOSED WIRING DIAGRAM 3 Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C C: \ U s e r s \ r g u e r r e r o \ A p p D a t a \ L o c a l \ T e m p \ A c P u b l i s h _ 1 5 7 6 8 \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : r g u e r r e r o o n A u g 1 7 , 2 0 2 3 - 1 2 : 2 2 a m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION SCALE: NONE SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 08/17/2023FINAL Registered Structural Engineer Signature:Date: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Massachusetts. 8/17/2023 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 Type TA CABLE TAP TO TOP OF GROUND ROD Type GR Type VV Type GY Type VS Type HS Type VN Type GTType GR Type VV Type GY Type VS Type HS Type TA Type VN Type GTType GR Type VV Type GY Type VS Type HS Type TA Type VN Type GT CABLE TAP TO TOP OF GROUND ROD THROUGH VERTICAL CABLE TO VERTICAL STEEL SURFACE OR TO THE SIDE OF EITHER HORIZONTAL OR VERTICAL PIPE THROUGH CABLE TO SIDE OF GROUND ROD Type GR Type GRType VV Type GY HORIZONTAL CABLE TAP TO HORIZONTAL STEEL SURFACE OR PIPE. CABLE OFF SURFACE. CABLE TAP DOWN AT 45°TO VERTICAL STEEL SURFACE OR SIDE OF HORIZONTAL OR VERTICAL PIPE. Type VS Type HS TEE OF HORIZONTAL RUN AND TAP CABLES. Type TA HORIZONTAL CABLE TAP TO VERTICAL STEEL SURFACE OR THE SIDE OF HORIZONTAL PIPE Type VN THROUGH CABLE TO TOP OF GROUND ROD. Type GT U.L. SYSTEM NO. C-AJ-1150 CONDUIT THROUGH BEARING WALL SIMILAR TO U.L. DESIGN NO. U902 F RATING = 3 HR T RATING = O HR 1.FLOOR OR WALL ASSEMBLY : MINIMUM 4-1/2" THICK REINFORCED LIGHTWEIGHT OR NORMAL WEIGHT (100-150 PCF) CONCRETE. WALL MAY ALSO BE CONSTRUCTED OF ANY UL CLASSIFIED CONCRETE BLOCKS*. MAX DIAMETER OF OPENING IS 4". SEE CONCRETE BLOCKS 9CATZ) CATEGORY IN THE FIRE RESISTANCE DIRECTORY FOR NAMES OF MANUFACTURERS. 2.THROUGH PENETRATIONS : ONE METALLIC PIPE OR CONDUIT TO BE RIGIDLY SUPPORTED ON BOTH SIDES OF FLOOR OR WALL ASSEMBLY. THE ANNULAR SPACE SHALL BE MINIMUM 0". (POINT CONTACT) TO MAXIMUM 1-3/8". THE FOLLOWING TYPES AND SIZES OF METALLIC PIPES OR CONDUITS MAY BE USED: A. STEEL PIPE-NOMINAL 6" DIAMETER (OR SMALLER) SCHEDULE 40 (OR HEAVIER) STEEL PIPE. B. IRON PIPE-NOMINAL 6" DIAMETER (OR SMALLER) CAST OR DUCTILE IRON PIPE. C. CONDUIT - NOMINAL 4" DIAMETER (OR SMALLER) STEEL ELECTRICAL METALLIC TUBING OR NOMINAL 3-1/2" DIAMETER (OR SMALLER) STEEL CONDUIT. 3.PACKING MATERIAL: MINIMUM 6" THICKNESS OF MIN 4.0 PCF MINERAL WOOL BATTING INSULATION FIRMLY PACKED INTO OPENING AS A PERMANENT FORM. PACKING MATERIAL TO BE RECESSED FROM TOP SURFACE OF FLOOR OR FROM BOTH SURFACES OF WALL AS REQUIRED TO ACCOMMODATE THE REQUIRED THICKNESS OF FILL MATERIAL. 4.FILL, VOID, OR CAVITY MATERIAL*: SEALANT: MINIMUM 1/4" THICKNESS OF FILL MATERIAL APPLIED WITHIN THE ANNULUS, FLUSH WITH TOP SURFACE OF FLOOR AND WITH BOTH SURFACES OF WALL. AT THE POINT CONTACT LOCATION BETWEEN PIPE AND CONCRETE, A MINIMUM 1/2" DIAMETER BEAD OF FILL MATERIAL SHALL BE APPLIED AT THE CONCRETE/PIPE INTERFACE ON THE TOP SURFACE OF FLOOR AND ON BOTH SURFACES OF WALL. W RATING APPLIES ONLY WHEN CP601S OR CP604 SEALANT IS USED. HILTI CONSTRUCTION CHEMICALS, DIV OF HILTI INC. : CP601S, CP604, CP606, OR FS-ONE SEALANT. * BEARING THE UL CLASSIFICATION MARK A A 4 2 3 2 4 4 NOTE: 1.IF EXISTING CONSTRUCTION VARIES FROM THIS DETAIL, AN EQUAL 3-HR U.L. PENETRATION APPROPRIATE FOR THE EXISTING WALL TYPE SHALL BE CONSTRUCTED 2.GC SHALL USE NON-SHRINKING CAULK TO WEATHERSEAL ALL PENETRATIONS INTO OR THRU SHELTER WALL. E-2 PANEL AND PENETRATION DETAILS TRB MJ R SCALE: NTS EXISTING PANEL SCHEDULE 1 NOTE: CONTRACTOR TO LABEL WIRES WITH P-TOUCH OR SIMILAR LABELS ONLY. ABSOLUTELY NO HANDWRITTEN LABELS. *CONTRACTOR TO UTILIZE NEXT AVAILABLE IN SEQUENCE SINGLE BREAKER POSITION FOR GENERATOR, BATTERY CHARGER, BATTERY HEATER AND BLOCK HEATER SCALE: NTS OUTER WALL PENETRATION DETAIL (IF APPLICABLE)2 SCALE: NTS CADWELD DETAILS 3 Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C C: \ U s e r s \ r g u e r r e r o \ A p p D a t a \ L o c a l \ T e m p \ A c P u b l i s h _ 1 5 7 6 8 \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : r g u e r r e r o o n A u g 1 7 , 2 0 2 3 - 1 2 : 2 2 a m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION SCALE: NONE SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 08/17/2023FINAL Registered Structural Engineer Signature:Date: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Massachusetts. 8/17/2023 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 PROPOSED 20A BREAKERS FOR ATS, BLOCK HEATER AND BATTERY CHARGER ON NEW AT&T GENERATOR CADWELD GRADE #2 AWG BCW GROUND RING GROUND ROD COPPERWELD 5/8"Ø x 8'-0" LONG (MAX) 48 " ( M I N . ) NOTE: 1.GROUND RODS MAY BE: - COPPER CLAD STEEL - SOLID COPPER 2.GROUND RODS SHALL HAVE A MAXIMUM SPACING TWICE THE LENGTH OF ROD 3.SEE RESISTIVITY REPORT FOR VERIFICATION AS AVAILABLE 4.A LARGER CONDUCTOR SHALL BE REQUIRED IN AREAS HIGHLY PRONE TO LIGHTNING AND/OR AREAS WITH HIGHLY ACIDIC SOIL 5.GROUND RODS INSTALLED WITHIN CLOSE PROXIMITY TO TOWER OR WHEN SOIL IS AT OR BELOW 2,000 OHM-CM, SHALL BE GALVANIZED TO PREVENT GALVANIC CORROSION OF TOWER, (SEE ANSI/TIA-EIA-222-G) 6.PROVIDE (1) GROUND LEAD TO EACH SIDE OF THE GENERATOR 3 4 2 3 1 4 2 1 WALL CONSTRUCTION TYPE USE HOLLOW 3/8" DIA. TOGGLE BOLT HOLLOW, AT STUD 3/8" DIA. LAG SCREW CONCRETE BLOCK (HOLLOW) 3/8" DIA. HILTI HY-20 WITH SCREEN, MINIMUM EMBEDMENT 2-1/2" CONCRETE (SOLID)3/8" DIA. HILTI HY-150 WITH SCREEN, MINIMUM EMBEDMENT 2-1/2" NOTE: USE GALVANIZED OR STAINLESS STEEL HARDWARE FOR WALL MOUNT & CONNECTIONS OF CHANNELS SPACE UNITS @ 5'-0" O.C. LENGTH OF RUN 1 2 3 4 CONDUIT (TYP) BUTTERFLY CLAMP AS REQUIRED EXISTING WALL/CEILING VERTICAL "UNISTRUT" P1000 'T' SERIES LENGTH BASED ON NUMBER OF CONDUIT TO BE MOUNTED MOUNTING HOLES (TYP OF 4) NEW GENARAC TAS-200 AUTOMATIC TRANSFER SWITCH MOUNTED TO NEW UNISTRUT 1-5/8" P1000T UNISTRUT MOUNTED TO WALL (TYP OF 2) NEW MECHANICAL CONNECTION WITH #2 AWG TO EXISTING GROUND RING 1'-6" OC 2'-6" 4'- 4 1 / 2 " WALL CONSTRUCTION TYPE USE HOLLOW 3/8" DIA. TOGGLE BOLT HOLLOW, AT STUD 3/8" DIA. LAG SCREW CONCRETE BLOCK (HOLLOW) 7/16" DIA. HILTI HY-20 WITH SCREEN MINIMUM EMBEDMENT 2-1/2" CONCRETE (SOLID)7/16" DIA. HILTI HY-150 WITH SCREEN MINIMUM EMBEDMENT 2-1/2" NOTE: 1.USE GALVANIZED OR STAINLESS STEEL HARDWARE FOR WALL MOUNT AND CONNECTION OF CHANNELS 2.GC SHALL USE NON-SHRINKING CAULK TO WEATHER SEAL ALL PENETRATIONS INTO OR THROUGH SHELTER WALL E-3 ATS, CONDUIT & GROUND ROD DETAILS TRB MJ R SCALE: NTS CONDUIT WALL MOUNT 1 SCALE: NTS GROUND ROD DETAIL 2 SCALE: NTS GENERAC ATS MOUNTING DETAIL 3 Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C C: \ U s e r s \ r g u e r r e r o \ A p p D a t a \ L o c a l \ T e m p \ A c P u b l i s h _ 1 5 7 6 8 \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : r g u e r r e r o o n A u g 1 7 , 2 0 2 3 - 1 2 : 2 2 a m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION SCALE: NONE SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 08/17/2023FINAL Registered Structural Engineer Signature:Date: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Massachusetts. 8/17/2023 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 E-4 GENERAC 30KW GENERATOR SPECIFICATIONS TRB MJ R SCALE: NTS GENERAC 30KW GENERATOR SPECIFICATIONS 1 Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C C: \ U s e r s \ r g u e r r e r o \ A p p D a t a \ L o c a l \ T e m p \ A c P u b l i s h _ 1 5 7 6 8 \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : r g u e r r e r o o n A u g 1 7 , 2 0 2 3 - 1 2 : 2 2 a m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION SCALE: NONE SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 08/17/2023FINAL Registered Structural Engineer Signature:Date: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Massachusetts. 8/17/2023 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 E-4.1 GENERAC 30KW GENERATOR SPECIFICATIONS TRB MJ R SCALE: NTS GENERAC 30KW GENERATOR SPECIFICATIONS 1 Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C C: \ U s e r s \ r g u e r r e r o \ A p p D a t a \ L o c a l \ T e m p \ A c P u b l i s h _ 1 5 7 6 8 \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : r g u e r r e r o o n A u g 1 7 , 2 0 2 3 - 1 2 : 2 2 a m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION SCALE: NONE SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 08/17/2023FINAL Registered Structural Engineer Signature:Date: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Massachusetts. 8/17/2023 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 E-4.2 GENERAC 30KW GENERATOR SPECIFICATIONS TRB MJ R SCALE: NTS GENERAC 30KW GENERATOR SPECIFICATIONS 1 Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C C: \ U s e r s \ r g u e r r e r o \ A p p D a t a \ L o c a l \ T e m p \ A c P u b l i s h _ 1 5 7 6 8 \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : r g u e r r e r o o n A u g 1 7 , 2 0 2 3 - 1 2 : 2 2 a m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION SCALE: NONE SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 08/17/2023FINAL Registered Structural Engineer Signature:Date: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Massachusetts. 8/17/2023 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C C: \ U s e r s \ r g u e r r e r o \ A p p D a t a \ L o c a l \ T e m p \ A c P u b l i s h _ 1 5 7 6 8 \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : r g u e r r e r o o n A u g 1 7 , 2 0 2 3 - 1 2 : 2 2 a m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION SCALE: NONE SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 08/17/2023FINAL Registered Structural Engineer Signature:Date: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Massachusetts. 8/17/2023 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 E-5 GENERAC ATS SPECIFICATIONS TRB MJ R SCALE: NTS GENERAC ATS SPECIFICATIONS 1 E-5.1 GENERAC ATS SPECIFICATIONS TRB MJ R SCALE: NTS GENERAC ATS SPECIFICATIONS 1 Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C C: \ U s e r s \ r g u e r r e r o \ A p p D a t a \ L o c a l \ T e m p \ A c P u b l i s h _ 1 5 7 6 8 \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : r g u e r r e r o o n A u g 1 7 , 2 0 2 3 - 1 2 : 2 2 a m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION SCALE: NONE SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 08/17/2023FINAL Registered Structural Engineer Signature:Date: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Massachusetts. 8/17/2023 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 T-1 TITLE SHEET TRB MJ R NORTH AERIAL VIEW OF SITE VICINITY MAP NORTH SHEET INDEXPROJECT INFORMATION APPLICABLE BUILDING CODE & STANDARDS ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITION OF THE FOLLOWING CODES AS ADOPTED BY THE GOVERNING LOCAL AUTHORITIES. NOTHING IN THESE PLANS ARE TO BE CONSTRUCTED TO PERMIT WORK NOT CONFORMING TO THESE CODES: 1. INTERNATIONAL BUILDING CODE 2015 2. NATIONAL ELECTRIC CODE 2020 3. AMERICAN CONCRETE INSTITUTE (ACI) 318, BUILDING CODE REQUIREMENTS FOR STRUCTURAL CONCRETE 4. AMERICAN INSTITUTE OF STEEL CONSTRUCTION (AISC), MANUAL OF STEEL CONSTRUCTION 5. TELECOMMUNICATIONS INDUSTRY ASSOCIATION (TIA) 222-G, STRUCTURAL STANDARDS FOR STEEL TOWER AND ANTENNA SUPPORTING STRUCTURES 6. TIA 607, COMMERCIAL BUILDING GROUNDING AND BONDING REQUIREMENTS FOR TELECOMMUNICATIONS SITE LOCATION SCOPE OF WORK ADD STANDBY GENERATOR, ASSOCIATED CONCRETE PAD, AND UTILITY EQUIPMENT TO EXISTING AT&T EQUIPMENT AREA. THERE WILL BE NO CHANGE IN THE SIZE OR HEIGHT OF THE TOWER OR ANTENNAS. SIGNATURE BLOCK AT&T MGR. DATE GENERAL DYNAMICS DATE CONSTRUCTION MGR. SITE ACQUISITION DATE Mobility 1657 MAIN STREET BREWSTER, MA 02631 SITE NAME: OVERLAY - AWE - BREWSTER PD FA LOCATION CODE: 10071588 CROWN BUN: 806690 Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C I:\ 5 4 1 0 0 \ 5 4 1 8 8 \ C A D \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : a b r i c k o n J u n 0 2 , 2 0 2 2 - 2 : 3 5 p m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION SCALE: NONE SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 05/31/2022PRELIMINARY 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 PROJECT MANAGER: BRIAN K SILBERT SR. REGIONAL MANAGER GENERAL DYNAMICS WIRELESS SERVICES 101 STATION DRIVE WESTWOOD, MA 02090 EMAIL:Brian.Silbert@GDIT.com ENGINEER: RAMAKER & ASSOCIATES, INC. 855 COMMUNITY DRIVE SAUK CITY, WI 53583 PH.: (608) 643-4100 FAX:(608) 643-7999 CONTACT: TYLER BEATTY EMAIL:tbeatty@ramaker.com APPLICANT INFORMATION: AT&T MOBILITY 7150 STANDARD DR HANOVER, MD 21076 SITE DATA: SITE NAME: OVERLAY - AWE - BREWSTER PD FA NUMBER:10071588 PROPERTY OWNER: CROWN CASTLE 2000 CORPORATE DR, 11TH FLR CANONSBURG, PA, 15317 ADDRESS: 1657 MAIN STREET BREWSTER, MA 02631 COUNTY:BREWSTER LAT.:41.756864° LONG.:-70.091144° GROUND ELEVATION: 32 FT AMSL DO NOT SCALE DRAWINGS: CONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS & CONDITIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME. THE INFORMATION CONTAINED IN THIS SET OF DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO THE CLIENT IS STRICTLY PROHIBITED. 30KW GENERATOR PROJECT GENERAC DIESEL GENERATOR 200A GENERAC ATS GENERAL: T-1 TITLE SHEET NOTES: N-1 GENERAL NOTES SITE: A-1 SITE PLAN & EQUIPMENT LAYOUT S-1 FOUNDATION DETAILS ELECTRICAL & GROUNDING: E-1 WIRING DETAILS E-2 PANEL AND PENETRATION DETAILS E-3 ATS, CONDUIT & GROUND ROD DETAILS E-4 GENERAC GENERATOR SPECIFICATIONS E-4.1 GENERAC GENERATOR SPECIFICATIONS E-4.2 GENERAC GENERATOR SPECIFICATIONS E-5 GENERAC ATS SPECIFICATIONS E-5.1 GENERAC ATS SPECIFICATIONS TO OBTAIN LOCATION OF PARTICIPANTS' UNDERGROUND FACILITIES BEFORE YOU DIG IN MASSACHUSETTS MASSACHUSETTS STATUTE CHAPTER 82, SECTION 40 REQUIRES MIN. 3 WORK DAYS NOTICE BEFORE YOU EXCAVATE. ME MB E R O N E CALL SY S T E MS I N T E RNAT IO N A L DIG SAFE SYSTEM, INC. 811 OR 1-888-344-7233 DIG SAFE SYSTEM, INC. 811 OR 1-888-344-7233 DIG SAFE SYSTEM, INC. 811 OR 1-888-344-7233 SITE LOCATION PROPOSED AT&T UNDERGROUND GENERATOR CONDUIT ROUTE. SEE DETAIL 2/S-1 PROPOSED AT&T ALARM CONDUIT ROUTE. TYP. EXISTING CHAIN LINK FENCE, TYP. EXISTING ACCESS GATE, TYP. EXISTING ICE BRIDGE, TYP. EXISTING SELF SUPPORT TOWER #2 AWG SOLID TINNED COPPER GROUND WIRE TO EXISTING FENCE GROUND RING, GROUND GENERATOR PER MFG. SPECS. SEE DETAIL 2/E-3. 10'-0" EXHAUST RADIUS PROPOSED AT&T GENERAC 30kW DIESEL GENERATOR LOCATION. SEE SHEET E-4 FOR SPECIFICATIONS. PROPOSED AT&T 4'-0" X 10'-0" CONCRETE PAD. SEE SHEET S-1 FOR DETAILS. #2 AWG SOLID TINNED COPPER GROUND WIRE TO PROPOSED GROUND ROD, GROUND GENERATOR PER MFG. SPECS. SEE DETAIL 2/E-3. E E E E E E T T T T T T EXISTING CONCRETE PAD, BY OTHERS. EXISTING EQUIPMENT SHELTER, BY OTHERS. EXISTING CONCRETE PAD, BY OTHERS. EXISTING CONCRETE PAD, BY OTHERS. EXISTING CONCRETE PAD, BY OTHERS. 10'-0"2'-0" 4'- 0 " 2'- 7 " PROPOSED AT&T AUTOMATIC TRANSFER SWITCH ON EXISTING H-FRAME W/ 3' CLEARANCE IN FRONT. SEE SHEET E-3 FOR DETAILS. EXISTING AT&T METER & DISCONNECT EXISTING AC PANEL EXISTING CAMLOCK & MTS EXISTING TELCO BOARD A-1 SITE PLAN & EQUIPMENT LAYOUT TRB MJ R SCALE: 1" = 7.5' SITE PLAN 1 NORTH Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C I:\ 5 4 1 0 0 \ 5 4 1 8 8 \ C A D \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : a b r i c k o n J u n 0 2 , 2 0 2 2 - 2 : 3 5 p m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION 0 15'7.5'3.75' 11" x 17" 22" x 34" - 1" = 7.5' - 1" = 3.75' SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 05/31/2022PRELIMINARY 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 SCOPE OF WORK DETAILS GENERAL: ·NEW GENERAC DIESEL GENERATOR PROVIDED BY GENERAL DYNAMICS & INSTALLED BY GENERAL CONTRACTOR, SEE E-4. ·NEW 4'-0" X 10'-0" CONCRETE PAD PROVIDED & INSTALLED BY GENERAL CONTRACTOR (AS REQUIRED) SEE S-1 ·NEW GENERAC AUTOMATIC TRANSFER SWITCH PROVIDED BY GENERAL DYNAMICS & INSTALLED BY CONTRACTOR (AS REQUIRED) SEE E-3 & E-5. ·CONTRACTOR TO VERIFY ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION ·CONTRACTOR SHALL RESTORE & REPAIR ANY DAMAGED AREAS CAUSED BY CONSTRUCTION TO ORIGINAL OR BETTER CONDITION CONDUITS: ·INSTALL PULL STRING IN EACH CONDUIT ·(1) NEW 2" AND (1) NEW 1" ELECTRICAL CONDUITS WITH CONDUCTORS TO RUN FROM NEW GENERATOR TO NEW ATS. CONDUIT PROVIDED AND INSTALLED BY GENERAL CONTRACTOR. SEE E-1, E-2 & E-3. ·(1) NEW 1" ELECTRICAL CONDUIT WITH CONDUCTORS TO RUN FROM NEW GENERATOR TO AC PANEL. CONDUIT PROVIDED & INSTALLED BY GENERAL CONTRACTOR. SEE E-1, E-2 & E-3. ·(1) NEW 1" ALARM CONDUIT & CABLING PROVIDED & INSTALLED BY GENERAL CONTRACTOR. SEE E-1, E-2 & E-3. GROUNDING: ·NEW EXOTHERMIC CONNECTION FROM EXISTING GROUND RING TO NEW MECHANICAL CONNECTION AT GENERATOR CHASSIS. GENERAL CONTRACTOR TO VERIFY LOCATION IN FIELD. LOCATE GROUND RODS NO MORE THAN 8'-0" APART. T-1 TITLE SHEET TRB MJ R NORTH AERIAL VIEW OF SITE VICINITY MAP NORTH SHEET INDEXPROJECT INFORMATION APPLICABLE BUILDING CODE & STANDARDS ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITION OF THE FOLLOWING CODES AS ADOPTED BY THE GOVERNING LOCAL AUTHORITIES. NOTHING IN THESE PLANS ARE TO BE CONSTRUCTED TO PERMIT WORK NOT CONFORMING TO THESE CODES: 1. INTERNATIONAL BUILDING CODE 2015 2. NATIONAL ELECTRIC CODE 2020 3. AMERICAN CONCRETE INSTITUTE (ACI) 318, BUILDING CODE REQUIREMENTS FOR STRUCTURAL CONCRETE 4. AMERICAN INSTITUTE OF STEEL CONSTRUCTION (AISC), MANUAL OF STEEL CONSTRUCTION 5. TELECOMMUNICATIONS INDUSTRY ASSOCIATION (TIA) 222-G, STRUCTURAL STANDARDS FOR STEEL TOWER AND ANTENNA SUPPORTING STRUCTURES 6. TIA 607, COMMERCIAL BUILDING GROUNDING AND BONDING REQUIREMENTS FOR TELECOMMUNICATIONS SITE LOCATION SCOPE OF WORK ADD STANDBY GENERATOR, ASSOCIATED CONCRETE PAD, AND UTILITY EQUIPMENT TO EXISTING AT&T EQUIPMENT AREA. THERE WILL BE NO CHANGE IN THE SIZE OR HEIGHT OF THE TOWER OR ANTENNAS. SIGNATURE BLOCK AT&T MGR. DATE GENERAL DYNAMICS DATE CONSTRUCTION MGR. SITE ACQUISITION DATE Mobility 1657 MAIN STREET BREWSTER, MA 02631 SITE NAME: OVERLAY - AWE - BREWSTER PD FA LOCATION CODE: 10071588 CROWN BUN: 806690 Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C I:\ 5 4 1 0 0 \ 5 4 1 8 8 \ C A D \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : a b r i c k o n J u n 0 2 , 2 0 2 2 - 2 : 3 5 p m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION SCALE: NONE SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 05/31/2022PRELIMINARY 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 PROJECT MANAGER: BRIAN K SILBERT SR. REGIONAL MANAGER GENERAL DYNAMICS WIRELESS SERVICES 101 STATION DRIVE WESTWOOD, MA 02090 EMAIL:Brian.Silbert@GDIT.com ENGINEER: RAMAKER & ASSOCIATES, INC. 855 COMMUNITY DRIVE SAUK CITY, WI 53583 PH.: (608) 643-4100 FAX:(608) 643-7999 CONTACT: TYLER BEATTY EMAIL:tbeatty@ramaker.com APPLICANT INFORMATION: AT&T MOBILITY 7150 STANDARD DR HANOVER, MD 21076 SITE DATA: SITE NAME: OVERLAY - AWE - BREWSTER PD FA NUMBER:10071588 PROPERTY OWNER: CROWN CASTLE 2000 CORPORATE DR, 11TH FLR CANONSBURG, PA, 15317 ADDRESS: 1657 MAIN STREET BREWSTER, MA 02631 COUNTY:BREWSTER LAT.:41.756864° LONG.:-70.091144° GROUND ELEVATION: 32 FT AMSL DO NOT SCALE DRAWINGS: CONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS & CONDITIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME. THE INFORMATION CONTAINED IN THIS SET OF DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO THE CLIENT IS STRICTLY PROHIBITED. 30KW GENERATOR PROJECT GENERAC DIESEL GENERATOR 200A GENERAC ATS GENERAL: T-1 TITLE SHEET NOTES: N-1 GENERAL NOTES SITE: A-1 SITE PLAN & EQUIPMENT LAYOUT S-1 FOUNDATION DETAILS ELECTRICAL & GROUNDING: E-1 WIRING DETAILS E-2 PANEL AND PENETRATION DETAILS E-3 ATS, CONDUIT & GROUND ROD DETAILS E-4 GENERAC GENERATOR SPECIFICATIONS E-4.1 GENERAC GENERATOR SPECIFICATIONS E-4.2 GENERAC GENERATOR SPECIFICATIONS E-5 GENERAC ATS SPECIFICATIONS E-5.1 GENERAC ATS SPECIFICATIONS TO OBTAIN LOCATION OF PARTICIPANTS' UNDERGROUND FACILITIES BEFORE YOU DIG IN MASSACHUSETTS MASSACHUSETTS STATUTE CHAPTER 82, SECTION 40 REQUIRES MIN. 3 WORK DAYS NOTICE BEFORE YOU EXCAVATE. ME MB E R O N E CALL SY S T E MS I N T E RNAT IO N A L DIG SAFE SYSTEM, INC. 811 OR 1-888-344-7233 DIG SAFE SYSTEM, INC. 811 OR 1-888-344-7233 DIG SAFE SYSTEM, INC. 811 OR 1-888-344-7233 SITE LOCATION PROPOSED AT&T UNDERGROUND GENERATOR CONDUIT ROUTE. SEE DETAIL 2/S-1 PROPOSED AT&T ALARM CONDUIT ROUTE. TYP. EXISTING CHAIN LINK FENCE, TYP. EXISTING ACCESS GATE, TYP. EXISTING ICE BRIDGE, TYP. EXISTING SELF SUPPORT TOWER #2 AWG SOLID TINNED COPPER GROUND WIRE TO EXISTING FENCE GROUND RING, GROUND GENERATOR PER MFG. SPECS. SEE DETAIL 2/E-3. 10'-0" EXHAUST RADIUS PROPOSED AT&T GENERAC 30kW DIESEL GENERATOR LOCATION. SEE SHEET E-4 FOR SPECIFICATIONS. PROPOSED AT&T 4'-0" X 10'-0" CONCRETE PAD. SEE SHEET S-1 FOR DETAILS. #2 AWG SOLID TINNED COPPER GROUND WIRE TO PROPOSED GROUND ROD, GROUND GENERATOR PER MFG. SPECS. SEE DETAIL 2/E-3. E E E E E E T T T T T T EXISTING CONCRETE PAD, BY OTHERS. EXISTING EQUIPMENT SHELTER, BY OTHERS. EXISTING CONCRETE PAD, BY OTHERS. EXISTING CONCRETE PAD, BY OTHERS. EXISTING CONCRETE PAD, BY OTHERS. 10'-0"2'-0" 4'- 0 " 2'- 7 " PROPOSED AT&T AUTOMATIC TRANSFER SWITCH ON EXISTING H-FRAME W/ 3' CLEARANCE IN FRONT. SEE SHEET E-3 FOR DETAILS. EXISTING AT&T METER & DISCONNECT EXISTING AC PANEL EXISTING CAMLOCK & MTS EXISTING TELCO BOARD A-1 SITE PLAN & EQUIPMENT LAYOUT TRB MJ R SCALE: 1" = 7.5' SITE PLAN 1 NORTH Th i s d o c u m e n t c o n t a i n s c o n f i d e n t i a l o r p r o p r i e t a r y i n f o r m a t i o n o f R a m a k e r & A s s o c i a t e s , I n c . N e i t h e r t h i s d o c u m e n t n o r t h e i n f o r m a t i o n h e r e i n i s t o b e r e p r o d u c e d , d i s t r i b u t e d , u s e d o r d i s c l o s e d e i t h e r i n w h o l e o r i n p a r t e x c e p t a s a u t h o r i z e d b y R a m a k e r a n d A s s o c i a t e s , I n c . Co p y r i g h t - R a m a k e r & A s s o c i a t e s , I n c . - A l l R i g h t s R e s e r v e d DR A W N B Y : CH E C K E D B Y : C I:\ 5 4 1 0 0 \ 5 4 1 8 8 \ C A D \ 5 4 1 8 8 _ 1 0 0 7 1 5 8 8 _ O V E R L A Y - A W E - B R E W S T E R P D _ G E N E R A T O R A T T C D s . d w g P r i n t e d b y : a b r i c k o n J u n 0 2 , 2 0 2 2 - 2 : 3 5 p m Certification & Seal: SHEETNUMBER PROJECTNUMBER ISSUE PHASE DATE ISSUED MARK DATE DESCRIPTION 0 15'7.5'3.75' 11" x 17" 22" x 34" - 1" = 7.5' - 1" = 3.75' SHEET TITLE: PROJECT TITLE: PROJECT INFORMATION: 20 2 2 CONSULTANT: PREPARED FOR: GENERAL DYNAMICS 101 STATION DR WESTWOOD, MA 02090 Mobility 05/31/2022PRELIMINARY 54188 OVERLAY - AWE - BREWSTER PD FA ID # 10071588 1657 MAIN STREET BREWSTER, MA 02631 SCOPE OF WORK DETAILS GENERAL: ·NEW GENERAC DIESEL GENERATOR PROVIDED BY GENERAL DYNAMICS & INSTALLED BY GENERAL CONTRACTOR, SEE E-4. ·NEW 4'-0" X 10'-0" CONCRETE PAD PROVIDED & INSTALLED BY GENERAL CONTRACTOR (AS REQUIRED) SEE S-1 ·NEW GENERAC AUTOMATIC TRANSFER SWITCH PROVIDED BY GENERAL DYNAMICS & INSTALLED BY CONTRACTOR (AS REQUIRED) SEE E-3 & E-5. ·CONTRACTOR TO VERIFY ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION ·CONTRACTOR SHALL RESTORE & REPAIR ANY DAMAGED AREAS CAUSED BY CONSTRUCTION TO ORIGINAL OR BETTER CONDITION CONDUITS: ·INSTALL PULL STRING IN EACH CONDUIT ·(1) NEW 2" AND (1) NEW 1" ELECTRICAL CONDUITS WITH CONDUCTORS TO RUN FROM NEW GENERATOR TO NEW ATS. CONDUIT PROVIDED AND INSTALLED BY GENERAL CONTRACTOR. SEE E-1, E-2 & E-3. ·(1) NEW 1" ELECTRICAL CONDUIT WITH CONDUCTORS TO RUN FROM NEW GENERATOR TO AC PANEL. CONDUIT PROVIDED & INSTALLED BY GENERAL CONTRACTOR. SEE E-1, E-2 & E-3. ·(1) NEW 1" ALARM CONDUIT & CABLING PROVIDED & INSTALLED BY GENERAL CONTRACTOR. SEE E-1, E-2 & E-3. GROUNDING: ·NEW EXOTHERMIC CONNECTION FROM EXISTING GROUND RING TO NEW MECHANICAL CONNECTION AT GENERATOR CHASSIS. GENERAL CONTRACTOR TO VERIFY LOCATION IN FIELD. LOCATE GROUND RODS NO MORE THAN 8'-0" APART. Prepared by: Lindsay Erreca General Dynamics 405 Commerce Park Drive Cranberry Twp, PA 16066 Return to: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration 1025 Lenox Park Blvd NE 3rd Floor Atlanta, GA 30319 Re: Cell Site #MA1366 Cell Site Name: Overlay – AWE – Brewster PD Fixed Asset #: 10071588 State: Massachusetts County: Barnstable FIRST AMENDMENT TO MEMORANDUM OF LEASE This FIRST Amendment to Memorandum of Lease is entered into on this ____ day of ______________, 20___, by and between the Town of Brewster, a Massachusetts municipal corporation, with an office at 2198 Main Street, Brewster, MA 02631 (hereinafter referred to as “the Town”), (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 ("Tenant"). 1. Landlord and Tenant entered into a certain Lease Agreement (“Agreement”) on the 7th day of November, 2022, as amended by that certain First Amendment to Lease Agreement for the purpose of installing, operating and maintaining a communications facility and other improvements. A Memorandum of Lease reflecting the Agreement was recorded June 02, 2023 in Book 35820, page(s) 308, in the public records of Barnstable County, State of Massachusetts. 2. Landlord agrees to increase the size of the Premises to accommodate additional equipment. Landlord leases to Tenant the additional premises area as more completely described on attached Exhibit 1-A. 4. This First Amendment to Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this First Amendment to Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. IN WITNESS WHEREOF, the parties have executed this [First, Second, Third] Amendment to Memorandum of Lease as of the day and year first above written. LANDLORD: TENANT: Town of Brewster, New Cingular Wireless PCS, LLC, By its Select Board a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: By: Print Name: Print Name: Its: Its: Date: Date: TENANT ACKNOWLEDGEMENT STATE OF __________________________) )ss: COUNTY OF ________________________) On the _____ day of _______, 20__ before me personally appeared ___________________, and acknowledged under oath that she is the Area Manager of AT&T Mobility of, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the __________________________. _________________________________________ Notary Public: ____________________________ My Commission Expires: ____________________ COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. BE IT REMEMBERED, that on this _____ day of ____________, 20___ before me, the subscriber, a person authorized to take oaths in the State of ___________________, personally appeared __________________________ who, being duly sworn on his/her/their oath, deposed and made proof to my satisfaction that he/she/they is/are the person(s) named in the within instrument; and I, having first made known to him/her/them the contents thereof, he/she/they did acknowledge that he/she/they signed, sealed and delivered the same as his/her/their voluntary act and deed for the purposes therein contained. _________________________________________ Notary Public:_____________________________ My Commission Expires: ____________________ EXHIBIT 1-A Additional Premises Area See attached Market: New England Cell Site Number: MA1366 Cell Site Name: Overlay – AWE – Brewster PD Fixed Asset Number: 10071588 FIRST AMENDMENT TO SITE LEASE AGREEMENT THIS FIRST AMENDMENT TO SITE LEASE AGREEMENT (this “Amendment”) is entered into on this ________ day of __________________, 2024 (the “Effective Date”) by and between the Town of Brewster (the “Town” or “Landlord”), acting by and through its Select Board, having an address of Brewster Town Hall, 2198 Main Street, Brewster, Massachusetts 02631 (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Blvd., 3rd Floor, Atlanta, GA 30319 (“Tenant”). WHEREAS, Landlord and Tenant entered into a Site Lease Agreement (the “Lease”) dated November 7th, 2022, whereby Landlord leased to Tenant certain Leased Premises, defined therein as a two hundred twenty square foot (220 sf) portion of the property located at 1657 Main Street, Brewster, shown on Assessors Map 56 as Parcel 6 (the “Property”); WHEREAS, Tenant has requested that the Town lease Tenant additional space on the Property for the purpose of installing and maintaining a generator to tower the equipment located within the Leased Premises and/or the equipment located on the cell tower located on the Property, and the Town has agreed to the same; and WHEREAS, Landlord and Tenant desire, in their mutual interest, wish to amend the Lease to include the additional portion of the Property so leased by Tenant, as set forth below. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1.The Premises. Section 1.1 of the Lease is hereby amended to read as follows: 1.1 The Premises. The Town hereby leases to Tenant exclusively, and Tenant hereby leases from the Town, the following two (2) portions of the Property (referred to, together, as the “Leased Premises”: (a) a parcel of land containing 220 square feet, more or less, on the ground at the base or near the Tower and shown as “Space No. 2” (the “Cabinet Space”), for purpose of constructing, installing, equipping, maintaining, operating, repairing, and replacing an equipment cabinet or shelter (the “Cabinet”) to house Tenant’s telecommunications equipment, which may include radio transmitting and receiving equipment, conduits, wires, batteries, utility lines and facilities, supporting structures, telephone facilities, microwave equipment, and related equipment (the “Telecommunications Equipment”), and (b) a 400 square foot portion of the Property (the “Generator Space”), for the purpose of installing, maintaining, repairing and replacing a generator together with a concrete pad and other related equipment (the “Generator” and, together with the Telecommunications Equipment, the “Ground Equipment”), to power Tenant’s Ground Equipment and the Antenna Equipment (defined below), together with the right to install connections between the Cabinet, the Ground Equipment, and the Generator housed within the Leased to Tenant’s antennas and other telecommunications equipment installed on the Tower pursuant to a lease with the Current Tenant (the “Antenna Equipment”). The Premises are leased together with the non-exclusive right to use connecting rights-of-way, access roads and easements thereto for vehicular ingress to the Leased Premises and egress out to public ways.” The Generator Space is shown more particularly on the plans attached hereto as Exhibit 1-A and incorporated into the Lease. Landlord’s execution of this Amendment will signify Landlord’s approval of Exhibit 1-A. Notwithstanding anything in the Lease to the contrary in the Lease, the Generator Space shall be used for the sole purpose of housing a back-up generator. 2.Rent. Commencing on the Effective Date, the Base Rent to be paid by Tenant shall be increased by Two Hundred Fifty and No/100 Dollars ($250.00) per month. Section 6.1 of the Lease is amended, as of the Effective Date, as follows: “Tenant shall pay Landlord an annual lease payment of Twelve Thousand Two Hundred Fifty Dollars ($12,250.00) for the 1st Lease Year, which sum shall increase each year over the prior year’s rent by three percent (3%) (the “Base Rent”). 3.Amendment to Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Amended Memorandum of Lease substantially in the form of the Attachment 2. Either party may record this Amendment at any time, in its absolute discretion. 4.Other Terms and Conditions Remain. Other than as revised by this Amendment, the Lease otherwise is unmodified and remains in full force and effect. Unless otherwise specified herein or unless the context requires otherwise, the terms in the Lease shall apply to the Generator Space. 5.Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Lease. IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this First Amendment on the dates set forth below. LANDLORD: TENANT: Town of Brewster, New Cingular Wireless PCS, LLC, By its Select Board a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: _____________________________ By: _____________________ Print Name: ______________________ Print Name: ______________ Its: ____________________________ Its: _____________________ Date: ___________________________ Date: ___________________ TENANT ACKNOWLEDGEMENT STATE OF __________________________ ) )ss: COUNTY OF ________________________ ) On the _____ day of , 20__ before me personally appeared _____________________ , and acknowledged under oath that she is the Area Manager of AT&T Mobility of, the Tennt named in the attached instrument, and as such was authorized to execute this instrument on behalf of the . Notary Public: ________ My Commission Expires: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. BE IT REMEMBERED, that on this _____ day of _____________ , 20___ before me, the subscriber, a person authorized to take oaths in the State of ____________________ , personally appeared ___________________________ who, being duly sworn on his/her/their oath, deposed and made proof to my satisfaction that he/she/they is/are the person(s) named in the within instrument; and I, having first made known to him/her/them the contents thereof, he/she/they did acknowledge that he/she/they signed, sealed and delivered the same as his/her/their voluntary act and deed for the purposes therein contained. Notary Public: ________ My Commission Expires: Select Board Meeting 12.18.23 For Your Information (FYIs) 1.Cape Cod Healthcare Blood Drive 2.Lower Cape Outreach Council Fuel Grant Report (July- November 2023) 3.Nauset Youth Alliance December Report Tuesday, December 26th 10 am – 4 pm Northside United Methodist Church 701 Airline Rd Brewster Winter knit hat for all donors!! Appointments are required. Service Service Entries Units Total Value Undup. Clients Families Children in Families Adults in Families Seniors in Families Total Individuals in Families Gasoline 31 31.00 $1,237.73 14 13 5 15 3 23 Heating - Electric 3 3.00 $2,025.72 3 3 3 6 2 11 Heating - Oil 4 4.00 $1,635.00 4 4 2 2 4 8 Oil 1 1.00 $397.00 1 1 3 2 0 5 Utility - Electric 10 10.00 $4,421.59 10 10 10 14 2 26 Utility - Gas 2 2.00 $665.50 2 2 1 5 0 6 Duplicated Total 51 51.00 $10,382.54 34 33 24 44 11 79 Report Criteria: Organizations:LCOC Advocates Service Entries Units Total Value Undup. Clients Families Children in Families Adults in Families Seniors in Families Total Individuals in Families Unduplicated Totals 51 51.00 $10,382.54 33 32 24 41 11 76 Services: Zip Codes: First Time Served: Gasoline (497), Heating - Electric (509), Heating - Natural Gas (508), Heating - Oil (507), Heating - Other (513), Heating - Pellets (512), Heating - Wood (511), Oil (515), Utility - Electric (356), Utility - Gas (357) 02631 - Brewster N/A 12/7/2023 8:38 AMPage 1 of 2ClientTrack™ Reports Molly Harper Service Summary 7/1/2023 to 12/1/2023 NAUSET YOUTH ALLIANCE Positively Guiding Today's Youth Into Tomorrow's World December 2023 Nauset Youth Alliance 384 Underpass Road P.O. Box 541 Brewster, MA 02631 Phone: 508-896-7900 Fax: 508-896-7906 drost@nausetyouthalliance.org www.nausety outhalliance.org We continue to see growth and strong demand for our services. This academic year we have 179 students enrolled in the afterschool programs at Stony Brook and Eddy Elementary Schools. This represents an 8.5% percent increase from the 2022-23 school year, a 26.9% increase from 2021-22, and a 40% increase from the pre -pandemic years. We currently have waiting lists for Monday -Thursday at Stony Brook. The demand for our services has meant that we have had to hire additional staff. We now have 19 teachers working with our students. The need for this amount of teachers is due to the fact that only six work five days a week; the rest work anywhere from one to four days based on their school schedules, second jobs, or personal life circumstances. We face the similar response that other businesses I have talked to face namely that a third of applicants don't follow-up after they are contacted, a third schedule an interview and then don't show, and a third interview. Of those that interview, not all move forward either by their choice or ours. Despite these challenges we have been able to hire the staff we need as we have increased our compensation to $21-26 an hour and introduced additional benefits. These benefits include paying staff during school vacation weeks when our program is closed and funding for Individual Contribution Health Reimbursement Account (ICHRA). In our summer program we had to increase our EEC license capacity from 65 to 78 students in order to accommodate the 140 students who enrolled which represents 34.6% increase from the summer of 2022. 27% of the students received some form of financial assistance in order to attend including eight students from five families that this Health & Human Services grant funded. The summer program was enhanced by the use of the Bayside Parcel pool on Wednesday mornings. As always, we are incredibly grateful to receive the support from the Town of Brewster, Brewster town residents, and others who understand our mission and the important function we serve. Respectfully subs 'tted, David M. Rost Executive Director Nauset Youth Alliance