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HomeMy Public PortalAbout02-25-13 Public PacketBrewster Recycling Commission Revised PAYT Proposal February 25, 2013 On February 14th, 2013, the Brewster Recycling Commission (BRC) met to discuss its Pay-As-You-Throw (PAYT) proposal and pricing options. After reviewing feedback received from Brewster residents, the Board of Selectmen, and Town staff, the RC voted to recommend the following PAYT fee structure for consideration by the Board of Selectmen.  Residents will be required to purchase a $45 annual vehicle permit for access to the Transfer Station. This is a significant reduction from the current $110 vehicle fee.  The new vehicle permit will go into effect on July 1st, 2013; however, PAYT bags will not be required for trash disposal for the first three months of the new program. During this time, from July through September, residents may dispose of trash in the same way they have under the current system.  Starting on October 1, 2013, all trash disposed of at the transfer station must be placed in specific Brewster designated PAYT bags.  Bags will be available at several retail locations (TBD) in two sizes, 33-gallons and 15- gallons for a cost of $2.00 and $1.00 respectively. The BRC believes waiting until October to require the use of PAYT bags will allow the system to be implemented more smoothly and prevent confusion that may be associated with a start date during the busy season in the middle of the summer. It will also provide the Town more time to prepare for the start of the new program and inform residents about the changes. In the first year of the PAYT program (FY14), we anticipate trash will be reduced from 2700 tons to 2231 tons, a 17% reduction overall. Based on monthly data from recent years, we expect that 825 tons of MSW will be disposed between July and September without PAYT bags and 1406 tons of MSW will be disposed of between September and June with PAYT bags. The average 2-person household can expect to need around 30 large bags to cover their trash disposal for the year, thus providing the additional benefit of reduced Transfer Station traffic.; however some residents may choose to purchase enough bags for weekly trips to the Transfer Station. In the second year of the PAYT program (FY15), we anticipate trash will be reduced to 2000 tons or less, which represents a 25% reduction from our current tonnage. However, the tipping fee at SEMASS will increase from $45 to $70 on January 1, 2015 and the MACT Rebate (approximately $11/T will expire). Please see the attached documents with estimates regarding the financial impacts of the proposed PAYT fee structure on the DPW budget and Brewster households. CURRENTFY2014FY2015Projected Reduction in SW 0%17.0%25%Flat fee/hh110.00$ 45.00$ 45.00$ Sale price per bag or enter "NA" for Status QuoNA2.00$ 2.00$ Expected Disposal Cost Per Ton45.00$ 45.00$ 56.67$ lbs/33-g bagna25 25 TONNAGE ESTIMATESSW Tons (Actual - % diversion)2,700 2,231 2,025 R Tons (Actual +1/4 of diverted SW)849 966 1,018 Bag/hh/y (large 33-gal)*NA3043Tons Per Household0.720.600.54PROJECTED EXPENSESRecycling Costs15,980$ 18,186$ 19,156$ SW Transportation cost22,876$ 18,905$ 17,157$ SW Disposal cost121,500$ 100,406$ 114,750$ Staffing Costs (Benefits not included)217,608$ 217,608$ 217,608$ Admin Costs (25% of total DPW admin costs)59,560$ 59,560$ 59,560$ Capital Costs89,550$ 89,550$ 89,550$ Indirect Costs 74,986$ 74,986$ 74,986$ Bulky Items Disposal Costs50,238$ 50,238$ 50,238$ Misc. Transfer Station Costs2,360$ 2,360$ 2,360$ PAYT BAG COSTSNA33,750$ 48,600$ TOTAL COSTS654,659$ 665,549$ 693,966$ PROJECTED REVENUESMACT REIMBURSEMENT (ends in 2015)29,700$ 29,700$ 14,850$ PAYT BAG REVENUE225,000$ 324,000$ GATE HOUSE REVENUE137,306$ 137,306$ 137,306$ RECYCLING REVENUE6,000$ 6,000$ 6,000$ TS Sticker Fee - 1st406,230$ 168,179$ 168,179$ TS Sticker Fee - 2nd**23,220$ 23,220$ 23,220$ TS - $10 One Day Passes8,770$ 8,770$ 8,770$ TS Stiker Fee - 1/2 Yr***2,200$ 990$ 990$ TOTAL REVENUE613,426$ 599,165$ 683,315$ SUMMARYTotal Revenue/(Cost) to Municipality(41,233)$ (66,385)$ (10,651)$ Net Benefit (Cost) vs Status Quo-$ (25,152)$ 30,581$ Average annual cost/hh/yr110$ 105$ 132$ * only large bags used in this model. In reality, many HHs will use smaller bags.** assume 2nd sticker stays at $20*** assumed that we drop the 1/2 year permit to 1/2 of annual permitPAY AS YOU THROWDavid Quinn:In FY 2015, the tipping will increase from $45 to $70, starting on January 1st, 2015. The average tipping fee for the fiscal year will be $56.67David Quinn:MACT Credits will end half way through FY2015, on Dec. 31st. Numbers are estimates.David Quinn:DPW is working to restructure contract with recycling vendor to lower these costs. Estimated Cost per Household Size Assumptions: 1406 total tons between Oct 2013 - June 2014 0.38 tons per HH (3737 HH's in Brewster) 753 pounds per HH 2 average HH size in Brewster 376 pounds per person Option 1: $45 sticker, $2 per bag (33-gal) Famil y Size Lbs. per HH Lbs. per 33 gal bag Price per bag # bags needed Bag cost Permit cost Total yearly (FY2014) cost per HH 1 376 25 2.00$ 15 30$ 45$ 75$ 2 753 25 2.00$ 30 60$ 45$ 105$ 3 1129 25 2.00$ 45 90$ 45$ 135$ 4 1505 25 2.00$ 60 120$ 45$ 165$ 5 1881 25 2.00$ 75 151$ 45$ 196$ Solid Waste Disposal Instructions Effective July 1st, 2013, the Town of Brewster will be implementing a “Pay As You Throw” (PAYT) Program for solid waste disposal. The program will require that all users of the Brewster Solid Waste Transfer Station must have a valid $45.00 Solid Waste Disposal (SWD) vehicle permit, affixed to lower front driver’s side windshield, in order to enter the Transfer Station gate. Only household waste is permitted for disposal. All solid waste must be contained in official town-approved disposal bags. Vehicles without a valid SWD permit may enter the Transfer Station for a $10/day entrance fee. Permits for an additional vehicle, registered to the same property owner or the same Brewster address, may be purchased for $20.00 Board of Selectmen Town Administrator 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 Bags will be available in 2 sizes and will be priced as follows: 30 gallon bag (similar in size to a yard waste bag, holding about 22 lbs) = $2.00 15 gallon bag (similar in size to a kitchen-sized bag, holding about 14 lbs) = $1.00 Bags are sold in sleeves of 5 bags each at various local retailers, including grocery stores, hardware stores and liquor stores. A list of participating merchants will be listed on the Town’s web site (www.town.brewster.ma.us) and lists will be available at the Town Office Building (2198 Main St.). The vehicle permit fee is priced to cover the base cost of equipping and staffing the solid waste transfer station and the bags are priced to cover the cost of disposing of the contents of each bag. The proceeds from the sale of the bags are returned to the Town to finance the Town’s solid waste disposal costs. The intent of the PAYT pricing program is to allow you to control how much you spend on solid waste disposal by controlling how much you throw away. The only new action required by TS users will be to purchase official Brewster Solid Waste Disposal Bags and to use those bags when delivering solid waste to the Transfer Station for disposal. There is still no charge for disposal of recyclable materials when delivered by a vehicle with a valid solid waste disposal permit. Recyclable materials do not need to be bagged in official bags, but must be sorted into separate categories prior to disposal. A list of recyclable materials and recycling instructions is on the reverse side of this sheet. Most questions about waste disposal or recycling in Brewster can be answered by visiting the Town’s web site at www.town.brewter.ma.us (click on the Department of Public Works). If you have additional questions please call ______________________. HOW TO RECYCLE IN BREWSTER 01/30/13 MATERIAL WHAT TO RECYCLE HOW TO PREPARE DO NOT INCLUDE METAL  Steel/tin and metal food cans  Rinse clean  Aerosol cans - COMMINGLED COMPACTOR -  Aluminum pie plates and trays  Labels OK  Paint cans  Deposit and no-deposit beverage cans  Rinse clean  Coat hangers Deposit cans may also be donated at the Brewster Scouting shed  Cookware Recycle the above items in the light-iron pile  PLASTIC  All number 1 thru 7  Rinse clean; caps OK  Plastic bags: recycle in waste receptacles rigid plastic containers  located in front of each compactor  Milk, water, soda, juice bottles  Styrofoam packaging of ANY KIND  Shampoo, conditioner bottles  Chemical and motor oil containers  Laundry, bleach, fabric softener bottles  Water/Garden Hose  Waxy gable cartons: Milk and Juice GLASS  Clear and mixed color beverage  Rinse clean  Broken glass/auto glass containers - FIBER COMPACTORS - - GLASS -  Food and sauce jars Collar, neck rings & labels OK  Mirrors  Caps & lids OK  Ceramics: plates, cookware  Drinking glasses  Light bulbs Deposit bottles may also be donated at the Brewster Scouting shed  Windows CARDBOARD  All cardboard must be recycled and  Break down, flatten or fold  Contaminated boxes is not allowed in the trash-trailer  Food soiled and frozen food boxes  example: pizza and Chinese take out  Please see detailed list on the back of this brochure PAPER  Newspapers  Place in paper grocery bags  Food soiled as noted above  Magazines, catalogs  Paper towels  Junk mail, envelopes: tearable  Tissues  Books  Diapers  Paper bags  Boxboard plastic liners: recycled in waste  Phone books  receptacles located in front of each  Office and computer paper  recycling compactor.  Boxboard: cereal, cracker Remove plastic liners Please see detailed list on the back of this brochure FIBER (PAPER) RECYCLING IN BREWSTER 1/30/13 WHAT FIBER TO RECYCLE DO NOT INCLUDE Booklets Candy wrappers Books: soft cover Carbon paper Boxes: for office supplies, like paper clips Disposable diapers Boxes: cereal, cracker, pasta, shoe, etc. Envelopes with bubble wrap Boxes: with plastic window Food-soiled paper and cardboard Brochures: including glossy Label backings Calendars: paper wall type Paper cups or plates Cardboard: corrugated and paperboard Paper towels, napkins, tissues Catalogs Photographs Clasp envelopes Take-out food containers: Chinese, etc. Colored paper Tyvek® mailing envelopes Construction and kraft paper Waxed paper, waxed cardboard Cover and card stock, index cards Waxy gable cartons: Milk, Juice, Envelopes: with plastic windows or labels File folders Flyers Glossy paper Greeting cards Lottery tickets Mail Magazines Mat board: used in picture framing Math paper: graph and ledger, etc. Newspapers: with or without inserts Newsprint Office and copy paper Packing paper Paper: lined and white Paper: fax Paper bags: brown and white Paper bags: with handles Paper towel and toilet paper tubes Phone books Photocopies Post-it notes Receipts Shredded paper: in paper bags Spiral notebooks Writing tablets Metal spiral notebooks, paper clips, plastic envelope windows, self-stick labels and staples are allowed to be recycled with the items listed above Items containing personal information should be shredded and recycled in paper bags Paper (Fiber) is recycled in first compactor from right to left. Co-mingled materials (plastic and metal cans) are recycled in the second compactor. Glass is to be tossed into the open top container in the third position. Transfer Station permits may be purchased at the Brewster Town Office Building, 2198 Main Street, Brewster, MA 02631. If unsure where a specific item should be recycled, please ask an attendant. Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Board of Selectmen Town Administrator TO: Board of Selectman FROM: Susan Broderick, Jillian Douglass, Donna Kalinick SUBJECT: 2013 Beach Parking Permit Fees We recommend that the current beach parking permit fees be maintained for the 2013 beach season. The current fees are: Resident beach parking permit $20.00 per vehicle Daily visitor parking permit $15.00 Weekly visitor parking permit $50.00 Seasonal visitor parking permit $150.00 Brewster Green weekly parking permit $20.00 Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 Office of: Board of Selectmen Town Administrator TO: Board of Selectman FROM: Susan Broderick Administrative Supervisor SUBJECT: Drummer Boy Park Reservations Below is a list of reservations for the use of Drummer Boy Park for 2013. They are broken down into three categories; confirmed/approved reservations, pending reservations (paperwork submitted, approval pending) and anticipated reservations (those that reserve every year, but have yet to submit their completed paperwork). We also receive many inquiries regarding wedding ceremonies at the Park, but have yet to have any applications. Also, the Brewster Band Concerts will begin on Sunday, June 30 and run every Sunday thru September 1st. The charges for rental of Drummer Boy Park are: Drummer Boy Property Weekday Weekend Fields $300.00 $400.00 Playground $35.00 $50.00 Band stand Sept. – March $100.00 $100.00 April – August $200.00 $200.00 The Town received revenue totaling $10,080 for the rental of Drummer Boy Park for calendar year 2012. April 2013 27th & 28th Brewster in Bloom – confirmed May 2013 25th Brewster Historical Society Yard Sale – anticipated reservation June 2013 18th Brewster PTO antique/flea market (request every Tuesday, June 18-Sept 3) – approval pending 29th Brewster Historical Society Antique fair – approval pending July 2013 5th, 6th & 7th By the Bay Craft Show – confirmed 10th, 11th & 12th East Coast Craft Show – anticipated reservation 13th Brewster Conservation Day – approval pending 26th, 27th, & 28th Castleberry Fairs– approval pending August 2013 2nd, 3rd & 4th By the Bay Craft Show – approval pending 13th, 14th & 15th Society of Cape Cod Craftsmen – approval pending 17th Mills & Gills Festival – approval pending 23rd, 24th & 25th Castleberry Fairs – approval pending 30th, 31st & 1st By the Bay Craft Show – anticipated reservation October 2013 12th & 13th By the Bay Craft Show – anticipated reservation Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.town.brewster.ma. BoS Minutes January 22, 2013 Page 1 of 9 Office of: Board of Selectmen Town Administrator MINUTES OF THE BOARD OF SELECTMEN REGULAR SESSION MEETING DATE: January 22, 2013 TIME: 6:30 P.M. PLACE: Brewster Town Office Building, 2198 Main Street PRESENT: Selectman Dickson, Selectman Foley, Selectman Lewis, Selectman Norton, Chairman Rabold, Town Administrator Charles L. Sumner, Assistant Town Administrator Jillian Douglass, Chief Richard Koch, Board of Health Members: Chairman Hughes, Annie Sherwood, Lemuel Skidmore and Keith Johnson; Mark O’Brien, Cindy Bingham, Rich Eldred, Kathy Sherman, Jim Ehrhart, David Karam, Rob Harris, Jim Geisler, Betsy Smith, Paul Simons, Kathy Sherman, Elbert Ulshoeffer, Mark Devon, Mr. Hayes, Fred Rice, Martin Jacobs, Marc Fontaine and many citizens. Call to Order Chairman Rabold called the meeting to order at 6:30 p.m. Executive Session Chairman Rabold announced that Board would be going into executive session to discuss strategy for litigation as holding an open meeting would have a detrimental effect on the litigation position of the town. Selectman Foley moved that the Board dissolve open session and go into executive session at 6:31 pm to discuss strategy for litigation as holding an open meeting would have a detrimental effect on the litigation position of the town and to discuss security personnel or devices, to return to open session, Selectman Lewis second. The vote was unanimous in favor: Selectman Foley – Yes, Selectman Lewis – Yes, Selectman Dickson – Yes, Selectman Norton – Yes, Chairman Rabold – Yes Chairman Hughes called the Board of Health meeting to order at 6:31 pm. Ms. Sherwood moved that the Board of Health dissolve open session and go into executive session at 6:32 pm to discuss strategy for litigation as an open meeting may have a detrimental effect on the litigation position of the Town and to return to open session, Keith Johnson second. The Board voted: Chairman Hughes – Yes, Lemuel Skidmore – No, Annie Sherwood – Yes, Keith Johnson- Yes. Selectman Lewis moved to dissolve Executive Session at 7:04 pm and return to open session, Selectman Foley second. The vote was unanimous in favor: Selectman Dickson – Yes, Selectman Foley – Yes, Selectman Norton – Yes, Selectman Lewis – Yes, Chairman Rabold - Yes www.town.brewster.ma. BoS Minutes January 22, 2013 Page 2 of 9 Annie Sherwood motioned to moved to dissolve the Board of Health executive session at 7:05pm and to reconvene in open session at the Board of Health scheduled meeting, Keith Johnson second. The Board voted: Chairman Hughes-Yes, Annie Sherwood- Yes, Keith Johnson – Yes, Lemuel Skidmore- Yes. Citizens Forum Betsy Smith said that she had a question about Drummer Boy Park which was not related to dogs. Ms. Smith asked how much it cost to put the accessible path in. Selectman Dickson said the cost was $25,000. Ms. Smith asked if it came with any type of warranty. Selectman Dickson said that it has been washed out after several heavy rains that occurred right after the project was done. Jillian Douglass said that she has not spoken to the contractor, but she does need to contact them to remedy the situation. Paul Simons said that there was an article in the Cape Cod Times about some children being terrified by dogs at Drummer Boy and the article said it was his dogs. The article was retracted, but when he went into the Selectmen’s office to obtain a copy of the letter, he was given a copy of the email with the senders information crossed out. The Board of Health told him that it was public information. Mr. Sumner said that he is in charge of public records and that they have 10 days to provide any public record and to please see Mr. Sumner if there is an issue in the future. Public Hearing- Brewster Pizza All Alcoholic Beverages Restaurant Liquor License Chairman Rabold read the public notice of liquor license hearing. Brewster Pizza currently has a seasonal all alcoholic beverage restaurant liquor license. They have applied for an annual all alcoholic beverage restaurant liquor license. Jennifer Harney, manager appeared on behalf of the owners of Brewster Pizza. Chairman Rabold explained that Brewster Pizza currently holds a seasonal all alcohol restaurant license which covers the time frame of April 1st to January 15th. They would like to be open year round, until 1pm; their current license goes until 12pm. They have completed the application process through Lieutenant Eldredge. The Board has received at least one letter from a neighbor about noise and people congregating in the parking lot after hours. Ms. Harney explained that their Entertainment license stipulates that their doors and windows be closed and they limit entertainment to 1 to 2 events per week. Ms Harney is open to any additional suggestions that the neighbor, Mr. Devon has. Brewster Pizza did put up 8 panels of stockade fence and bushes at their own expense to maintain a good relationship with the neighbors. Ms. Harney acknowledged that they did have some customers last summer that were loud during the European soccer championships. Ms. Harney stated that whatever is within reason and within their control for suggestions, they are happy to entertain. Selectman Lewis said that this plaza is zoned for village business and it goes with the territory. He believes that Brewster Pizza has been a good tenant for the last 20 years there and the new hours allow them to be open in winter which is not a problematic time of the year. Selectman Lewis also stated that there are other businesses, like Starvin Marlin with annual licenses in that area and it’s not fair for Brewster Pizza not to get one. Selectman Dickson asked if any monitoring is done in the parking lot when clients leave and if they are loitering, does Brewster Pizza inform the police. Ms. Harney said that when they close at midnight, they try to move people along. Selectman Dickson asked if they can hire a police detail in July and August for weekends. Chief Koch explained that Brewster Pizza cannot because they have a liquor license, but possibly the owner of the plaza could. Selectman Foley asked if we could hear from the neighbor. Mark Devon appreciates what the owners are trying to do but there has still been a lot of noise coming from the parking lot after Brewster pizza has closed. Mr. Devon explained that he purchased his house to retire here, but doesn’t like the fact that there is a loud bar there. Mr. Devon said that parties start in the parking lot at about 10 or 11pm at night. He thinks a limit on the hours and entertainment would help; he does not want to see the hours increased. Mr. Sumner said that many years ago, there were problems with the Woodshed and the Board of Selectmen put limits on their license and it was helpful. The Woodshed hired an employee that was outside to enforce issues in the parking lot. Selectman Lewis stated that Mr. Devon knew there was businesses there when he bought the home and it is zoned for that use. Mr. Devon said that he was under the impression that it was not zoned for a bar and the www.town.brewster.ma. BoS Minutes January 22, 2013 Page 3 of 9 expansion happened since he moved in. Mr. Devon said when you buy property across from the Woodshed, you know it’s there, but it was not clear that there would be a sports bar in the Foster Square Plaza. Chairman Rabold read what the conditions for the Woodshed are: no entertainment after 12:45am, a parking lot attendant is required on weekends in the summer months and the volume has to be decreased at midnight. Mr. Hayes, citizen spoke; he had issues with the Woodshed when he moved here, but the regulations that were imposed worked to mitigate the problem. Mr. Sumner stated that the resolution with the Woodshed also created a relationship between the parties to resolve problems and the Town is happy to help to work solve problems. Selectman Dickson ask if Brewster Pizza would accept regulations. Ms. Harney said that she thought conditions would be a good thing. She explained that they do have two bouncers outside on entertainment nights and have no amplified bands, only DJ’s and karaoke night. Ms. Harney said they would like to put some no loitering signs up, but they do not want them right in front of the business; they would rather have them in the parking lot. She will work with the owner of the plaza on possible signage. Chief Koch explained to the Board that you cannot have a police officer in a parking lot where there is a liquor license or a detail where there is a liquor license; they can only be there to direct traffic for parking. Chief Koch also stated that Stomata Tsiareas needs to have stricter rules and set an example for his clients. The Police Department received one complaint over the summer about loud party people outside. When they investigated, there was a large group down at the beach with a fire and Mr. Tsiareas was down there with them. Peter Farber, Attorney for Meredith Baier, said they will be in front of planning board on the Brewster pizza special permit tomorrow evening. Selectman Lewis said that we cannot discuss the Planning Board’s special permit here. Attorney Farber said he is only referring to it to explain his point that Brewster Pizza is not trustworthy. Their 2012 special permit stated that written confirmation from the Board of Health had to be received that the septic system was adequate for 66 seats. The original septic system was designed for 30 seats and retail usage. Brewster pizza became 44 seats and even though the sports bar was suppose to be for people waiting for pizza, it is now a bar where people go to drink and watch games. The permit stipulates 66 seats as a condition of the permit, but MA DEP said that seat count had to be changed to 58 immediately or the septic improved. When the Board of Health inspected 5 weeks later, they found 83 seats. Attorney Farber believes that this is not a business that can be trusted to obey the rules. He also stated that the Board can put conditions on the license, but someone has to monitor those regulations. Selectman Norton asked if anyone else wanted to address the Board from the public. Selectman Norton moved to grant an annual all alcoholic restaurant license to Brewster Pizza House, LLC with the same conditions as the Woodshed, but to keep the license restricted to midnight, Selectman Lewis second. The Board voted, 4-Yes, 1-No. Discuss Dog Regulations at Drummer Boy Park Chairman Rabold stated that based on previous information, the Board will be working on park regulations. Any regulations that the Board passes as park wardens would not be enforceable, but they expect people to abide by those regulations. Last March, they discussed shared hours from May to October. Chairman Rabold stated that pending the appeal and Board of Health regulations, he would like to discuss sharing the park. Selectman Norton said that we can have a discussion, but he would like Counsel to clarify and he does not support enacting something tonight. Chairman Rabold said they have to start the discussion this evening. Selectman Dickson said he would like to make an appeal to the Town regarding the tone of the rhetoric about this issue. He finds it extremely dismaying, the threatening nature of the discussion, and asked that everyone please end that type of tone and to accept that this is a process with all sides interests being taken into account. The Board is struggling with citizens from both sides that seem to not recognize the concerns of the other side. There are many aspects to regulations, considering bringing dog regulations to town meeting warrant which changes the nature of what they are discussing about Drummer Boy as the new regulations would require all dogs be leashed. If they enact time restrictions or a ban, should they create a park for unleashed dogs; all of these items are potential pieces of the puzzle. Selectman Foley said that Selectman Dickson was absolutely right and that the Board cannot do justice to the issue piecemeal. They need to look at the big picture and make www.town.brewster.ma. BoS Minutes January 22, 2013 Page 4 of 9 decisions on it as one big issue. Chief Koch has said repeatedly, Drummer Boy not withstanding that the leash law needs to be revised. Included in the Warrant are dog regulations that put a ban on dogs at Drummer Boy from May to October which would be the same as beaches and Town fields. Selectman Lewis believes we should go back to a fenced in area at Drummer Boy for dogs, versus sharing time, but the Board of Health wants a ban and the two Boards need to agree. Selectman Lewis does not believe a decision can be made right now, only discussion; he thinks that Town Meeting should make the decision this May. Chairman Rabold asked how we went from animal regulations of one and a half pages to six pages of regulations recommended by animal control/police department. Chairman Rabold asked if we really want to bring six pages of animal regulations to Town Meeting. The only current issue we have in this Town with dogs is at Drummer Boy. Chairman Rabold’s personal opinion is that dog owners found a good use for the Town park, but there is conflict when it interferes with other people trying to enjoy the park, but there are many days when there are only dogs there. He does not believe dogs should be banned; he thinks there should be a fenced in an area for dogs to run free. Before the Board of Health regulation, he thought there was still a need for an off leash area for dogs. He believes that it draws people to our Town and that everyone should share Drummer Boy Park. He would like to create an interim solution to get them to May Town meeting; he thinks there is a need for a fence so dogs can be off leash safely. Chairman Rabold spent time at Drummer Boy after their last meeting and everyone seemed to be working together. Selectman Norton wants the tone of the discussion to be productive. He thinks we should have a place for dogs, but it will not be decided this evening. He would like to hear from the Board of Health. They have received a lot of emails and phone calls from people who won’t come to the park because of fear. He wants to make sure the safety of children isn’t compromised and there is an appropriate place for dogs to exercise. He believes that the Board will get there, but not this evening. Chairman Rabold wondered why they need to delay discussing this when they have a lot of discussion on budgets coming up. Selectman Lewis said you cannot dictate as chair when we pass a regulation. He believes that the Board needs to do something and soon, but not tonight. He is not a fan of shared hours; he wants a fence but believes we need to vet everyone’s opinion. The problem was that Drummer Boy Park got out of control with the number of dogs there and not just from our Town. Selectman Dickson said that it seems we have agreement that a fence is the best solution, but is this the ideal location. Selectman Dickson is not ready to adopt an interim solution. He believes that the Board members are not far apart about a solution, just the timing of events. Chairman Rabold asked everyone to consider regulations for the next meeting to discuss again as interim or permanent solutions. The Board discussed possibly adding a meeting on the 29th for a full dog discussion. It was decided not to add a meeting because not everyone could attend, but Chairman Rabold asked that everyone look at the proposed warrant article for animal control and also to submit any specific ideas for regulations before their next meeting. Chief Koch requested that if the Board is going to discuss Ch.86, the police need to be able to give a history and presentation first. Dave Karam, citizen asked if citizens will be allowed to speak. Mr. Karam said that citizens deserve the right to speak as the Board of Health did not allow them to speak before placing the ban in effect. Chariman Rabold said he would allow a few minutes for each person, but he may stop it if we get into a discussion that we have already had. Mr. Karam stated that the process is fundamentally flawed because there is no open dialogue between the parties. The dog owners gave an interim solution and tried to work it out and then the ban was put in place. Mr. Karam believes any further restrictions on dogs is not right; there will be nowhere for dogs to run off leash. He believes there needs to be middle ground, democracy, and solutions that are worked out together. Fred Rice stated that the Chair was doing a good job, but he is disturbed that this has been an ongoing issue. He believes it is an embarrassment to the Town and does not speak well of town leadership or the elected officials. He believes that there needs to be a mixed used proposal for the warrant; possibly a committee to work on language for shared use at the park. Betsy Smith has a Portuguese water dog that needs exercise and Betsy needs exercise too. They always went to Drummer Boy; it was a safe place for her and her dog to go, but they are no longer able to. She is willing to agree to restricted hours. Martin Jacobs believes that the solution to divide time at the park is the best and that we do not need to spend time and money to make another place for dogs. Mr. Jacobs said there are plenty of other parks in the State www.town.brewster.ma. BoS Minutes January 22, 2013 Page 5 of 9 where they time share, such as Amory Park in Brookline. Mr. Jacobs stated that the Board of Health ban is one of the few in the State and maybe they should consider fencing around the playground. They spent $24,000 on an accessible path and $14,000 on legal fees. How much would it cost to put a fence around the playground plus a sign to please be courtesy and pick up after your dog with designated times for usage. Selectman Lewis said he appreciates everyone’s opinions, but we have to recognize that there are people who go to the park and just let their dogs out to go to bathroom and do not pick up after them and we need to handle that as well. FY14 Police Department Budget & Warrant Articles Chief Koch gave a budget overview. On the wage side, the budget shows what was agreed to and negotiated with the personnel board for full time wages only; the part time and overtime amount is flat. In terms of the overtime wages, the Federal government has provided $8,000 in help and the addition of another officer has helped with the expenses. The Department has held the line the best they can. There is some difference for training, a $2,000 increase. The State has decreased the state training budget, and a lot of the training has to be done in house now. Selectman Foley asked how long until we need another office. Chief Koch thinks they should be all set for a year or two. Selectman Foley asked about the building problems with the HVAC and where we stand. Chief Koch said they use Rustys on the mechanical side and a company in Danvers for the software that drives the system. A few weeks ago, they had no heat in the conference room and the administration area. They found there were mechanical parts not working and they had to fix them at a cost of $6,000. Selectman Foley asked if we should look into a major revision at the Police Station for the fall town meeting. Chief Koch said that he thinks it should be looked at 5 to 6 years out. Right now, they are able to pay for it within their budget with a little juggling. The whole department is working on a three year certification program which is $1,200 yearly; once they reach the certification level, it has to be renewed every 3 years. On February 4th when they do the personnel bylaw hearing, Chief Koch will be requesting that LT. Eldredge be promoted to captain. Selectman Lewis said that the police always come in with a solid budget; Chief Koch works hard and does his due diligence, but at some point, he should come in and ask for things he doesn’t ask for, but needs. Chairman Rabold said the Finance Committee approved the Police Budget. Selectman Lewis moved to approve the FY14 Police Department Budget in the amount of $2,277,073.00, Selectman Foley second. The Board voted, 5- Yes, 0-No. In terms of the warrant articles, the police have a request for three police vehicles for 98K, replacement of mobile data terminals in the amount of $13,000. The current units are 5 years old and no longer under warranty; they go out a lot for repair and are critical to the police officer’s job as they are the gateway to what is happening. They would like to get two now and then replace the rest next year. They would like to buy taser equipment for all officers because there have been some dangerous situations in the last year. The cost is $1,300 each including training and cartridge. The state requires a police department who uses tasers to have a filed and approved plan in place. Right now, there is only one company on the state bid list, but there maybe another company to get them from soon. Their voice recorder needs to be upgraded at a cost of $15,000. It records all incoming calls and dispatch. The current system uses cassettes and is very outdated. Selectman Foley asked if the mobile data computers can have camera functions added on later. Chief Koch initially priced out combined systems, but the price he received was not from a state contractor. He can still install the cameras later. Selectman Foley also asked about the police vehicle replacement system. He would like the department to look at Dodges at some point. Chairman Rabold said they won’t vote on capital items tonight as they need to review the big picture first. Chairman Rabold announced that Board of Selectmen would be going into executive session to discuss security personnel or devices. Selectman Lewis moved that the Board dissolve open session and go into executive session at 8:57 pm to discuss security personnel or devices and to return to open session, Selectman Foley second. The vote was unanimous in favor: Selectman Foley – Yes, Selectman Lewis – Yes, Selectman Dickson – Yes, Selectman www.town.brewster.ma. BoS Minutes January 22, 2013 Page 6 of 9 Norton-Yes, Chairman Rabold- Yes. Selectman Lewis moved that the Board dissolve executive session and return to open session at 9:12 pm, Selectman Foley second. The vote was unanimous in favor: Selectman Foley – Yes, Selectman Lewis – Yes, Selectman Dickson – Yes, Selectman Norton – Yes, Chairman Rabold – Yes. Review and Approve FY14 Constable Budget Selectman Lewis moved to approve the FY14 Constable budget in the amount of $250, Selectman Foley second. The Board voted: 5- Yes, 0-No. Discussion on Golf Association Tee Times The Golf Commission voted last week to approve the return to last year’s tee times for the Women’s Golf Association. Mark O’Brien said that golf is not doing well across the country, but the Captains is holding their own. They have been creative and are working to increase their marketing, membership and daily fee players. Last year, they created a tiered rate structure which allowed higher rates for members to get prime early morning tee times at their choice, but the Associations had to be moved to a later start of 9am. That change brought in 330 members at the $850 rate which brought in $30,000 in revenue. The Women’s Associations have requested to go back to their earlier tee times. Marc Fontaine, from the Golf Commission voted not to go back to the earlier tee times for the Associations because it eliminates early times for the public and early times for higher paying members. The Associations represent one third of the total members. In Harwich, their associations used to play at 10am and they compromised to 9am. Mr. Fontaine believes that to overrule this decision would be to setback what they have accomplished. Cindy Bingham voted for the return of the tee times. Ms. Bingham believes that for what the course charges, they return a reasonably profit to the Town and provide recreation for residents. Mark O’Brien made the recommendation to return the early times to the Associations because the realized revenue did not meet their expectations. Cindy Bingham believes that the Association members give services to the course and the community and most association members are paying the membership fee of $850. Selectman Lewis asked what daily fee times fill fastest. Mr. O’Brien thinks between 7am and 10am are most popular. He also thinks that there are more women who are higher paying members and we may lose a portion of them if we continue with the later tee times for the Association. Mr. O’Brien said that on Tuesdays and Wednesdays, they made about $3,000 more this year than last year. Selectmen Lewis said the golf course is still recreation and should be part of the budget to some degree. He believes that both associations do a lot of good work at the golf course and they donate money to local organizations. Selectman Lewis supports returning the early times to the Associations. Selectman Foley said we asked the Golf Commission to bring recommendations for running the course and to improve finances. Selectman Foley said that the original votes was 5 to 1 against and was changed to 3 to 2 with 1 abstention when they took a second vote. Selectman Foley believes the problem with golf is with the economy, not management. The money that the course had for marketing did not come in until 7/1 and they hired someone in the fall, but they haven’t really had time to see if it will work. Selectman Foley said that golfers like to go out early and are willing to pay and we are affecting our budget. The Golf Course already has a deficit of $289,000 and we need to pinch every penny. He believes the Board should accept the recommendation on two votes of the Golf Commission. Selectman Foley said that we are responsible for making good fiscal decisions and putting the golf budget in further deficit was not wise. Selectman Norton supports returning tee times to the Association or he believes there will be a loss of members. Selectman Dickson asked who abstained the second time. Right now the commission division is problematic and it goes against Mr. O’Brien’s recommendation. Selectman Dickson said this approach did not significantly increase revenue, but it did affect the culture of the Associations of the course and new memberships will bring revenue, not daily fees. Selectman Lewis said that the course went into deficit because membership has decreased and that is the problem. Chairman Rabold spoke with Rob Harris about the Golf Commission and the recreation aspect versus revenues are in conflict, but if you www.town.brewster.ma. BoS Minutes January 22, 2013 Page 7 of 9 take out the debt service, they make money. Chairman Rabold leans toward supporting membership, but he suggested that they require the Association members to be $850 members to get back the early times. Selectman Lewis moved to return the July & August tee times to the 2011 times, subject to Association members paying the $850 membership fee, Selectman Dickson second. The Board voted, 4- Yes, 1-No. Mr. Sumner thought that was an equitable solution. Rob Harris asked if the Golf Commission can give block tee times to an organization that discriminates according to handicap. Selectman Dickson said the handicap restriction is a separate issue. Rob Harris is president of the men’s golf association. Their current dues are $20.00, this would make it $120.00. Discuss May 6th Special & Annual Town Meeting Warrant Mr. Sumner explained that capital requests are around $1,288,000. He is recommending $725,000.00 so they need to cut about $500,000 and they cannot approve everything on the Warrant. They need to look at all the capital requests and make changes. The Capital requests on the plan now came from the departments; they are being reviewed by the Capital Planning Committee who will make recommendations to the Board of Selectmen. Selectmen Dickson said the starting point may not be $1,288,000.00 as some of the items will be moved to the Fall Town Meeting. Mr. Sumner noted that there has not been a submittal from the Elementary Schools so that number will go up. Chairman Rabold asked that everyone read and review the bylaw for dogs, Ch. 86. The Police Department did a lot of research into other towns, the items that are in yellow are for the Board to review. Selectman Lewis said some of language in the bylaw may come under the Board of Health regulations. Mr. Sumner said that he needs to add an article for a potential land transfer between the state and town. Selectman Dickson said that Chief Koch wants to present the proposed Ch. 86 Bylaw first. He also wondered if regulations about medical marijuana should be in the warrant. Selectman Norton said he spoke with Chief Koch about it and until the state passes regulations and policies, we cannot adopt anything without clarification. Selectman Dickson asked why the agenda states each time, Discussion on Warrant Articles. Chairman Rabold said it is so we can add things if we need to, but they will specify going forward when a department comes in or a specific article is being discussed. Approve FY14 Budgets: Town Moderator, Town Reports, Alewives, Veteran’s Services, Memorial/Veteran Day & Millsites Selectman Lewis moved to approve the FY14 Town Moderator’s budget in the amount of $300, Selectman Norton second. The Board voted 5-Yes, 0- No. Selectman Lewis moved to approve the FY14 Town Report budget in the amount of $4,000, Selectman Norton second. The Board voted 5-Yes, 0- No. Selectman Lewis moved to approve the FY14 Alewives budget in the amount of $3,400, Selectman Norton second. The Board voted 5-Yes, 0- No. Selectman Lewis moved to approve the FY14 Veteran’s Services budget in the amount of $30,000, Selectman Norton second. The Board voted 5-Yes, 0- No. Selectman Lewis moved to approve the FY14 Memorial/Veteran Day budget in the amount of $1,500, Selectman Norton second. The Board voted 5-Yes, 0- No. Selectman Lewis moved to approve the FY14 Mill Sites budget in the amount of $4,000, Selectman Norton second. The Board voted 5-Yes, 0- No. Selectman Foley asked if the Veterans budget will hold or will it get changed. Mr. Sumner said that their Veterans Agent Ed Merrigan recommends this number. Review & Approve Regular Session Meeting Minutes of January 7, 2013 and Executive Session Minutes of Janury 7, 2013; 6:30pm session & 7:09pm session Selectman Norton moved to approve the regular session meeting minutes of January 7, 2013, Selectman Foley second. The Board voted 5-Yes, 0-No. Selectman Norton moved to approve the 6:30pm executive session minutes of January 7, 2013, Selectman Foley second. The Board voted 5-Yes, 0-No. Selectman Norton moved www.town.brewster.ma. BoS Minutes January 22, 2013 Page 8 of 9 to approve the 7:11pm executive session minutes of January 7, 2013, Selectman Foley second. The Board voted 5-Yes, 0-No. Action Items Selectman Norton moved to approve Action Items 1 to 3 as recommended by Administration, Selectman Dickson second. Mr. Sumner said that he wanted to change Action Item #1 and award the prize money from Cape Light Compact to Recreation and the Council on Aging instead of putting the money in the general fund. Selectman Norton moved Action Items 1 to 3, as amended, Selectman Dickson second. The Board voted 5-Yes, 0-No. FYI Items Selectman Foley asked about item K. It is a public letter from the Town of Orleans regarding the closing date for the Tri-Town plant. The Town of Orleans intends to build their own plant at the same location. The design funds could be substantial and the Town of Orleans is going to ask for one third of the cost to take the current plant down. The current plant has a couple years of operational life. The estimate for taking down the current plant is $1 million dollars. Mr. Sumner will be putting one third of that amount into the capital plan for demolition. Mr. Sumner said that our WQRC will be making recommendations about our Town’s needs. Selectman Lewis asked if we have any recourse as Orleans gets back the land, but everyone has to pay for the plant to get torn down. Selectman Foley said the Inter-Municipal Agreement is clear on the split of the costs. For Item L, Jillian Douglass asked if she should respond to the citizen’s letter that she received. Chairman Rabold said to just send an acknowledgement letter back. Liaison Reports Chairman Rabold gave an overview of the Crosby Mansion work. The bathroom addition is progressing and rentals for the cottages are good. Cape Tech is doing the addition work which JP Ludwig will do a video segment on and Brian Locke is doing a great job handling the Mansion’s affairs. Selectman Lewis said that the Cape Cod Selectmen will be meeting at MMA, Friday January 25th at 5pm to discuss County Commissioners versus Assembly of Delegates. Topics the Chair did not Reasonably Anticipate None Media Questions Rich Eldred from the Cape Codder asked how the solar panel project at Freemans Way was progressing. Chairman Rabold said they are still working on legal issues, but it should be coming soon. Rich Eldred also asked about the dogs and if there is a timeline to resolve this. He understands from reading the warrant that the new animal regulations would ban dogs from Drummer Boy in the summer as well as town fields. Chairman Rabold said they are hoping by Town Meeting to have regulations for the summer. Future Meetings February 4, 11 & 25, 2013 Executive Session Chairman Rabold announced that Board of Selectmen would be going into executive session to discuss strategy for litigation as an open meeting may have a detrimental effect on litigation position of the Town. Selectman Lewis moved that the Board dissolve open session and go into executive session at 10:30 pm to discuss strategy for litigation as an open meeting may have a detrimental effect on the litigation position www.town.brewster.ma. BoS Minutes January 22, 2013 Page 9 of 9 of the Town not to return to open session, Selectman Foley second. The Board voted 4-Yes 1- No. Selectman Foley – Yes, Selectman Lewis – Yes, Selectman Dickson – Yes, Selectman Norton – No, Chairman Rabold - Yes Respectfully submitted, Donna J. Kalinick Administrative Assistant Approved: _______________ Signed: _______________________________________ Date Edward Lewis, Clerk of the Board of Selectman Accompanying Documents in Packet: Notice for liquor license hearing; minutes 01.07.2013; executive session minutes session 6:30pm 01.07.2013; executive session minutes session 7:11pm 01.07.2013; FYI items; draft May 6, 2013 warrant; email regarding Drummer Boy park Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.town.brewster.ma. BoS Minutes 02-04-13 Page 1 of 6 Office of: Board of Selectmen Town Administrator MINUTES OF THE BOARD OF SELECTMEN REGULAR SESSION MEETING DATE: February 4, 2013 TIME: 7:00 P.M. PLACE: Brewster Town Office Building, 2198 Main Street PRESENT: Selectman Dickson, Selectman Foley, Selectman Lewis, Selectman Norton, Chairman Rabold, Town Administrator Charles L. Sumner, Assistant Town Administrator Jillian Douglass, Representative Sarah Peake, Representative Cleon Turner, Chief Moran, Chief Koch, Deputy Chief Harrison, Don Poole, Lisa Souve, Lisa Vitale, Paul Anderson, Sue Leven, Robert Bersin, Ralph & Rose Ingegneri, Lt. Heath Eldredge, Kathy Sherman, Elbert Ulshoeffer, Peter Johnson, Rich Eldred, George Metzgar Call to Order Chairman Rabold called the meeting to order at 7:00 p.m. Citizens Forum Rose Ingegneri asked the Board if they could hold their executive sessions at the end of their meetings. Chairman Rabold stated that they are scheduled for various times, including before, during and after meetings. Kathy Sherman thanked Representatives Peake & Turner for coming tonight and she hopes to hear information regarding how the Town can balance regional and local issues/priorities. . Elbert Ulshoeffer brought up the issue of the Boy Scouts using public property at the Transfer Station even though they have an anti-gay policy. The Boy Scouts have recently announced that they are going to take action, but they have not stated what action. Mr. Ulshoeffer stated that the Brewster Police Department and the Brewster Baptist church are council units for the Boy Scouts and he believed that they are going to leave it up to the local sponsors on the basis of religious beliefs. He asks that the Board engage the sponsoring associations publicly. Ralph Ingegneri stated that the Board spent a lot of time at their January 22 meeting talking about dogs and a dog park. He hopes that the Board will work on this issue and solve it soon. He suggests putting a fence down by the band stand at Drummer Boy park so that the dog owners have a place to go in the interim. George Metzgar stated that he has been a dog owner and feels that there is not a dog problem, but a dog owner problem. He does not feel that fencing the playground is an option. He would like to see the leash law tightened and suggests bringing the issue to Town Meeting for a vote. Let the dog owners buy a piece a property and www.town.brewster.ma. BoS Minutes 02-04-13 Page 2 of 6 fence it in. He does not want to pay for a dog park with his tax dollars. Update from Representatives Sarah Peake & Cleon Turner Cleon Turner stated that he and Representative Peake have been working on the rooms tax bill and it has been a bit frustrating. They have filed legislation for Cape Towns, including Brewster that would open up this issue for Towns that wish to adopt it. Representative Peake stated that since the time that the legislature passed the original statute, the way people vacation has changed. The current room occupancy tax does not include rental of homes or condos. In the Governor’s sub-budget, there is legislation that mimics the bill that they have been working on. It is an important revenue item for the communities. In speaking with the Chief of Staff of the House Ways & Means Committee, they do not believe that this will not be included in the proposed budget as there is already a bill for $1.9 million of new revenue. Representative Peake feels that it is a positive that the Governor included it. Representative Turner explained the rooms occupancy tax using Ocean Edge as an example. The money from the rooms tax goes directly to the Town, not to the state. The Cape is still getting short-changed in terms of funding. Representative Turner spoke to regional school transportation. It is supposed to be funded at 100%, was at 92%, now close to 68% funded. Legislation was passed last term stating that regional transportation can not be cut more that chapter 70 is cut. In the Governor 9-C cuts, Chapter 70 was not cut, but regional school transportation was. Representative Turner sent a letter to the Governor, co- singed by 28 other legislators, reminding him of this legislation. The Governor’s Administration & Finance department replied stating that the legislation does not apply to the Governor. Representative Peake spoke to regional wastewater issues and a $3.5 million planning grant. Other regional issues they are also looking at include regional dispatching for police and fire and legislation regarding Pilgrim Nuclear Power Plant; to place real time air quality measuring facilities on the Cape. Any power company that buys from Pilgrim will see a surcharge and that money could be used to fund the air quality measuring facilities. There has also been legislation filed to include Cape Cod in the emergency planning zone. Representative Turner has filed legislations regarding medical marijuana that will address if cities and towns can regulate the use of medical marijuana on Town property so that, it can not be deemed discrimination. Also if a Town has regulations on smoking cigarettes, those same regulations apply to medical marijuana. Selectman Norton asked if Speaker DeLeo was still against the rooms occupancy tax. Representative Turner stated that Speaker DeLeo stated last term that he would not address any revenue/tax issues and he kept that promise, he has not made any such statement for this term and he is aware that something has to been done for income for the Commonwealth. Selectman Dickson asked if the Board could contact Senator Dan Wolf to inquire about the DCR and the Town’s proposed land swap. Representative Turner stated that he has heard positive news on this and the Town should hear soon. Chairman Rabold thanked Representatives Turner & Peake for coming. Review FY14 Fire Department Budget & Capital Requests Chief Moran thanked Representatives Turner & Peake for their letter of support regarding application for a regional grant for a fire safety education trailer. He also stated that the Towns ISO rating has been lowered from a 4 to a 3. This was one of the goals of the department. The department will be sending out a letter to tax payers giving then this information as they may be entitled to a lower home owner’s insurance rate. In regards to the departments budget there is a $39,000 increase in FY14 budget. $37,000 is contractual wage increases and $2000 in general expenses; $1,000 increase in tuition, education & training and $1000 in advanced life support (ALS) supplies. Selectman Lewis moved to approve the FY14 Fire Department Budget in the amount of $1,878,436.00, Selectman Dickson second. The Board voted 5-Yes, 0-No. Chief Moran went over his requested new programs. The first is an increase for on call member EMT/paramedic bonuses. The number of EMTs required overnight was reduced from 15 to 12. The last increase in these bonuses was 10 years ago. The increase for EMTs would be from $500 to $750 and for paramedics from $750 to $1,250. The bonus is based on the number of calls they can reply to. The second program is to create new hourly rates for on call paramedics. This will not increase the budget; Chief Moran www.town.brewster.ma. BoS Minutes 02-04-13 Page 3 of 6 would just like the Boards support for the program. Mr. Sumner suggested a meeting with Selectmen Lewis & Rabold and Jillian Douglass as these two programs will require changes to the on call personnel bylaw. The third program would transition the Deputy Chief from part-time to full-time. Prior to 2005, there was a full time fire station captain. Chief Moran would like to re-establish this as a full time Deputy Chief as it will also help form a succession plan. The proposed funding for this position is $40,000 from call wages and an additional $45,000 in the budget from the Selectmen. Selectman Foley would like to see a stronger job description for the Deputy Chief, to include education requirements. Chief Moran stated that this is more of a duty list than a job description. Don Jacbos is going to work with the Fire Department on job descriptions in the future. Selectman Foley would like to see a job description before this position goes full time. The last new program would be to implement a mandatory 3 man staffing for June 15 to October 1. This is related to the additional $25,000 in overtime. The budget is currently under in overtime, some of this may be due to the hiring of 2 new fire fighters, as these people do not have any vacation time. He can implement the program, but may be back to the Board for more money as he is not sure at this time if the money is needed. Chief Moran went over his capital requests, which are usually on the Spring Warrant and come out of the ambulance revenue account. There are two new items; $40,000 for a Fire Chiefs vehicle and $40,000 for an automatic CPR device. The units are $13,000 a piece and they would like one for each ambulance. Regarding Rescue Billing services, Selectman Foley asked if they have looked at any other company, than Comstar. Chief Moran stated that they did go out to bid on this service and received 2 proposals and Comstar had the best service and the rate will stay the same. Discussion on Ambulance Billing Rates Chief Moran stated that in 2011 the rates were raised to at Medicare plus 100%. In speaking with Comstar and to prepare for the change in health care, Chief Moran is suggesting to raise the rate to Medicare + 150% and implement bundle billing. Selectman Foley moved to increase the ambulance billing rates to Medicare + 150% and to implement bundle billing, Selectman Lewis second. The Board voted 5-Yes, 0-No. Personnel Board Hearing Chairman Rabold read the public hearing notice. Ms. Douglass stated that the Town hired a consulting firm to work on these job descriptions for the non-union employees. The last time these job descriptions were looked at was 1999. Ms. Douglass gave an overview of the process used to update the job descriptions and the salary comparisons. There are now only six grade levels as opposed to the previous thirteen. She also went over the financial implications to the Town based on the various implementation dates; July 1, 2012, January 1, 2013 or July 1, 2013. Chairman Rabold stated that this also addresses those employees that have been at their maximum pay who did not receive merit increases as well as those that are below the minimum pay rate. Ms. Douglass stated that the proposed wage scale is not at the highest or lowest end, but in the middle in order to keep Brewster competitive when it comes to recruiting new employees. Selectmen Lewis stated that he would like to see this retroactive to July 1, 2012. Chairman Rabold added that Don Jacobs also recommended that the Town look at these salaries every 3-4 years. He also agrees that this should be retroactive to July 1, 2012. Chief Koch stated that the Police Department also did their own salary and job description review and the one addition is for a Captains position to create a succession plan. Selectman Foley asked how Chief Koch came up with the Captain’s job description. Chief Koch stated that he used data from the International Association of Chiefs of Police. Selectman Foley is very pleased to see a succession plan and hopes that other department will follow. Selectman Lewis moved to accept the Personnel Bylaw changes to include job descriptions, salaries and compensation retroactive to July 1, 2012, Selectman Dickson second. The Board voted 5-Yes, 0-No. www.town.brewster.ma. BoS Minutes 02-04-13 Page 4 of 6 Appointment of Police Captain Chief Koch stated that the Board is the appointing authority for police officers and he would like to promote Lt. Heath Eldredge to Police Captain and he asked Lt. Eldredge to give the Board some information on his background. Lt. Eldredge stated that he grew up on the Cape, attended Salvage Regina University and has a masters in Administration of Justice. He first worked for the Harwich Police Department and Harwich sent him to the Police academy. The Town of Harwich was looking at layoffs and at the time Lt. Eldredge applied to the Brewster Police Department and was hired. He has worked in the detective unit and was promoted to Detective- Sergeant and then Lieutenant. The Lieutenants position allows him to work on administrative functions in the department; including liaison to the courts and serve as the public information officer. Selectman Lewis moved to appoint Heath J. Eldredge as probationary Police Captain and ‘Keeper of the Lockup’ effective February 5- June 30, 2013, Selectman Dickson second. The Board voted 5-Yes, 0-No. Review & Approve 2014 Capital Plan Don Poole stated that the committee met with all the departments that had requests over $10,000.00. Brewster will look at tasers for the Police department. With golf and fire, the Town will be looking at changes to the receipts accounts. The Building Department has a request for a car, but the Capital Planning Committee recommends moving a car down from another department, such as police. The Town is looking at capital requests of $1.54 million. Mr. Sumer stated that in FY16 there is $12 million for a Fire Station and in 2015 a large number in the elementary schools for the Eddy School roof and HVAC replacement. There is also money in the Selectmen’s capital for the Towns share of dismantling of the Tri-Town septage plant. There will also be a large investment in roads infrastructure. Selectman Lewis moved to approve the 2014 - 2018 Capital Plan as submitted, Selectman Norton second. The Board voted 5-Yes, 0-No. Review Water Department Budget & Capital Requests Paul Anderson stated that he has a .25% increase in his budget and he thanked his staff for their hard work. The surplus account is at $1.6 million and the anticipated amount brought in for FY13 is $400,000. He is asking to take $275,000 from that account for the capital requests. Selectman Lewis moved to approve the FY14 Water Department Budget in the amount of $1,109,083.00, Selectman Norton second. The Board voted 5-Yes, 0-No. The department has three capital requests: 1- $35,000 to replace superintendents car with a truck, 2- the construction account is to make repairs to the system and to replace water meters, and 3- the standpipe assessment management plan for $10,000. These are paid through the water revenue account. Review FY14 Planning Department Budget & Warrant Articles 22, 23 & 24 Sue Leven stated that the main changes in the budget are the reduction in mileage and the creation of a printing line for the brochures that have been created. There is no line item for the American Planning Association National conference in 2014 as she is going this April. Selectman Foley asked if the Technical High School may be able to produce the brochures. Mr. Sumner stated that Ms. Leven does pay a large percentage of the cost of the conference out of her own pocket. Selectman Lewis recognized Kelly Moore for her work on the brochures. Selectman Lewis moved to approve the Planning Department FY14 budget in the amount of $154,452.00, Selectman Norton second. The Board voted 5-Yes, 0-No. Warrant Article 22, Zoning Bylaw Amendment/Sign Regulations; now regulate signs by use rather than by district. Selectman Foley asked for an update on how this work is going with the business community. Ms. Leven stated that the Chamber of Commerce sent the new regulations out to the business community and Planning received three comments from the business community and they did take those into consideration. Warrant Article 23, Zoning Bylaw Amendment/Parking Regulations; this did not pass at town meeting last year and now they are recommendations rather than requirements. This will create more of a discussion and they www.town.brewster.ma. BoS Minutes 02-04-13 Page 5 of 6 could now be changed by the Board at a public hearing Warrant Article 24, Zoning Bylaw Amendment/Special Events; this will create designated special event venue which is permitted in all districts, but they must go through the process. The article also includes a definition of a special event venue. This will also eliminate the need for people to get variances and they hope to have it up and running before summer. Discussion on PAYT Program Chairman Rabold stated that is a discussion among the Board and to discuss the January forum. Selectman Dickson stated that he felt that the forum went well and the program was well received by the attendees. There were suggestions on how to implement the program. Chairman Rabold was also pleased with the results of the forum. Details of the program still need to be worked out, including when to implement the program and the fees for the permits and bags. He asked the Board for their feedback on implementation. Selectmen Lewis stated that the Board should first find out if they vote to implement and the citizen’s article to put PAYT on the 2014 warrant passes does that negate the Boards vote to implement. Chairman Rabold stated that he has asked Town Counsel to investigate this issue. Selectman Norton stated that he would like to hear from the Town Administrator as to when to implement the program. Selectman Dickson stated he supports the program and believes that the recommendation from the recycling commission for fees is reasonable and correct. Mr. Sumner stated that there was a good representation of the population at the forum. The money for this program is in the annual town meeting which means the start up cost are not available until after July 1. Administrative staff feels that October 1 is a good start up time for the program. Selectman Lewis asked Mr. Bersin if the majority of the transfer station users, use bags. Mr. Bersin stated that yes, but there are some that empty trash bins or empty their bag and bring it back with them. Selectman Norton supports a fall implementation date and does not understand the push for July 1. Selectman Dickson pointed out that the Town generates a large amount of trash in July – September and perhaps a higher sticker fee would be required if an October 1 start date were used. Mr. Bersin stated that in July-September of 2011, 30% of the town’s trash was generated. Mr. Sumner stated that he will move the article regarding funding for PAYT to the Special Town meeting, so that the funds will be available immediately after Town meeting. Chairman Rabold stated that the will ask the Recycling Commission to come to the last meeting in February to report to the Board. Update on Financial Forecast Mr. Sumner stated that with the 2.75% goal the Board needs to reduce the Town budget by $94,000 town and the elementary schools by $175,000. This would reduce Town expenditures by $269,000. The work ahead is manageable. However, spending in the warrant articles exceed the Towns goal by $600,000. Selectman Dickson asked if these items would be pushed to the fall. Mr. Sumner stated that yes, typically the spring warrant is for budgets and the fall town meeting addresses capital requests. There are some capital items that are important that are in the special Town meeting warrant, such as the windows for Stony Brook elementary as well as locks for security for the elementary. Discuss May 6, 2013 Special & Annual Town Meeting Warrant – Selectman Articles None were discussed. Approve Executive Session Meeting Minutes of January 22, 2013: 6:30pm, 8:57pm & 10:30pm Sessions Selectman Lewis moved to approve the executive session meeting minutes of January 22, 2013, 6:30pm session Selectman Norton second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve the executive session minutes of January 22, 2013, 8:57pm session, Selectman Foley second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve the executive session minutes of January 22, 2013, 10:30pm session, Selectman Dickson second. The Board voted 5-Yes, 0-No. www.town.brewster.ma. BoS Minutes 02-04-13 Page 6 of 6 Appointments Selectman Lewis moved to appoint Norma Modzelweski to the Cemetery Commission for a term of 3 years, expiring June 30, 2016, Selectman Dickson second. The Board voted 5-Yes, 0-No. Action Items Selectman Dickson to approve action item 1-4 as recommended by Administration, Selectman Lewis second. The Board voted 5-Yes, 0 -No. FYI Items None Liaison Reports Selectman Dickson stated that Maureen Steinmann indicated that she will need to step down as Chairman of the All Citizen’s Access Committee. Selectman Dickson thanked her for her work on the committee and let the public know that the committee has membership vacancies. Topics the Chair did not Reasonably Anticipate None Media Questions Rich Eldred asked if the fee for the transfer station permit would be different if the start date were July 1 versus October 1. Chairman Rabold stated that could be an option. Future Meetings February 11 & 25, 2013 Selectman Lewis moved to adjourn at 10:32 p.m., Selectman Dickson second. The Board voted 5-Yes, 0- No. Respectfully submitted, Susan Broderick Administrative Assistant Approved: _______________ Signed: _______________________________________ Date Edward Lewis, Clerk of the Board of Selectman Accompanying Documents in Packet: memo from Chief Moran to Selectman, re; 2013 ambulance service rates, ambulance revenue account summary, packet from D.I Jacobs consulting, re; classification & compensation study, Police department wage minimums & maximums, Police Captain job description, 2014capital plan, documents on PAYT, executive session meeting minutes of January 22, 2013, 6:30pm, 8:57pm & 10:30pm sessions, appointments, action items, FYI items February 25, 2013 Action Items Page 1 of 2 BREWSTER BOARD OF SELECTMEN MEETING OF FEBRUARY 25, 2013 ACTION ITEMS 1. Beach Access Permit Requests – The Selectmen’s Office has received 3 requests to utilize public beaches to access the bay and conduct private repairs and renourishment projects on private properties: those are: a. Point of Rocks – Kevin Norton Landscaping to perform emergency repair of revetment 2/27/13 – 3/15/13 (14-16 days) for work at 20 Swift Lane (Map 6/Lot 5) by Kevin Norton. Work includes moving of breakwater stones, installation of filter fabric, replenishment of sand, and re-vegetation. b. Breakwater Beach – F.L. Quinn to bring in approx 75,000 yards of sand via rubber tired Komatsu 200 to re-nourish the Cobbs Pond Condo Association beach from 2/20/13 – 3/8/13 (10-14 days) c. Breakwater Beach - Crowell Construction to remove debris and use an excavator to replenish sand at 276, 282, and 306 Breakwater Road for Geary, Erdos and Kennedy (Map 4 parcels 11, 13 &14) from 2/18/13 – 2/22/13 (4 days) The Conservation Commission appears to have 11 more requests for emergency beach work, most of which have not applied for access permits from our office: d. 50 Robbins Rd (Hayes) e. 98, 102 & 112 Gov. Prence (Magnuson, Barry & Wood) f. 64 Swift Rd (Staniar) g. 16 Nancy May Path (Ellis Landing Park Condo Assoc) h. Sears Point Condo Assoc. i. Breakwater Acres j. Ellis Landing - work to be done on property at 29, 35, 41Captain Dunbar Road (Map 7, parcels 14, 15, 16, & 16-1) apparently by Coastal Engineering ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to authorize staff to approve these requests, pending coordination with Conservation to determine which of the pending applications require access permits and to develop approval letters which outline the conditions related to the access approval consistent with the order of conditions stipulated in each applicant’s Conservation Permit. 2. Set Seasonal Population for 2013 – Captain Health Eldredge requests that the Board set the seasonal population estimate for 2013. The ABCC requires this information for allotment of seasonal package store licenses. Currently Brewster does not have any such licenses, but by keeping the ABCC informed it allows the Board the right to issue such licenses. Captain Eldredge recommends a seasonal population of 33,000, which has been the estimate for the past three years. ADMINISTRATIVE RECOMMENDATION We recommend the Board set the seasonal population for 2013 at 33,000. February 25, 2013 Action Items Page 2 of 2 3. Permission to Use Breakwater Beach – Father Wilmot of The Anglican Church of the Resurrection is again asking permission to hold a sunrise service on Easter Sunday, March 31 on Breakwater beach as well as to hold Sunday Church services in July and August from 7:15am – 8:00 am. Beach stickers are required in July & August at 9:00 am and he has agreed to the fact that anyone who may linger and does not have a beach sticker could receive a ticket. In reviewing the request for the use of Breakwater Beach on Easter Sunday with the Natural Resources Department, they anticipate that the beach will be in acceptable condition prior to March 31, provided there are no more significant storms. ADMINISTRATIVE RECOMMENDATION We recommend the Board approve the request for Sunday services in July & August and approve the request to use Breakwater Beach on Easter Sunday, pending final approval from the Natural Resources Department in late March. 4. Acceptance of Gift – The Friends of the Captains has collected an additional $1,500 to use towards the purchase of additional patio furniture and would also like to gift two garment racks for use in the Ellsworth Pavilion. The cost of the two racks is $264.96. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to accept the gifts. 5. Signature Required – Article 14 of the Fall 2012 Town Meeting transferred custody of 3 lots, located behind the guardrail on Slough Road running down to the Shore of Elbow Pond, of town owned land from the Board of Selectmen to the Conservation Commission. The Boards signatures on the Deed of Transfer of Control are required to complete the process. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to sign the Deed of Transfer of Control. 6. Amendment to Shellfish Grant – On August 13, 2012 the Board approved the request of Theodore Ellis to transfer ownership of his shellfish grant to his wife Claudia Ellis. Mrs. Ellis is requesting that her son, Timothy Ellis be added as an owner. This will benefit the Ellis family when applying for state permits and commercial shellfish cards. The Natural Resources Department supports this request. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request. FYI ITEMS (MAIL) FEBRUARY 25, 2013 A. Minutes of January 8, 2013 Conservation Commission meeting B. Minutes of January 22, 2013 Conservation Commission meeting C. January Natural Gas Energy Report (Hess) D. Minutes of January 16, 2013 Orleans, Brewster, Eastham Groundwater Protection District Board of Managers meeting E. CLC’s December energy efficiency report F. ‘How Is Our Bay’ report form Provincetown Center for Coastal Studies G. Letter to Board of Selectmen from Chief Silverman, Wellfleet Fire Department, re; support of Deputy Chief Harrison appointment as full-time Deputy H. Information on Pilgrim Power Plant evacuation time estimates I. Housing Assistance Corporation February newsletter (hard copy in Selectmen’s office) J. Division of Marine Fisheries 3rd & 4th quarter 2012 newsletter (hard copy in Selectmen’s office) FYI – February 25, 2013 Page 1 of 1