The URL can be used to link to this page

Home My Public Portal About042213publicpacketFrom:Charles Sumner To:Dan Rabold ; Susan Broderick Subject:FW: Municipal Civil Fingerprinting Policies Date:Thursday, April 11, 2013 10:39:51 AM Attachments:Scan (3).PDF Info for our next meeting From: Sarah Turano-Flores [mailto:STurano-Flores@nutter.com] Sent: Thursday, April 11, 2013 10:37 AM To: Richard Koch Cc: Charles Sumner Subject: Municipal Civil Fingerprinting Policies Hello, Chief. As we discussed, attached is the documentation from DCJIS which I pulled off their website. It raised a number of questions for me relative to our policy. Particularly, it is not clear to me whether the Town is permitted to see the results of a CORI check or not. This whole document makes distinctions between federal and state criminal records checks, who can see what, and who can run which type of records search. See particularly the end of the attached document, Paragraph 15. Our proposed policy doesn’t take this type of thing into account and I think it must. You will see that this guidance document also confirms that, before implementing our civil fingerprinting policy, our Bylaw must not only be approved by the MA Attorney General, but also the MA State Police State Identification Office, which will then forward our Bylaw to the FBI Access Integrity Unit for approval. Once approved, our Bylaw will be on an approved FBI and SIS list and the SIS will send us detailed instructions for submitting records requests. But even then, before we can implement the Bylaw, we need to submit our Municipal Policy for Civil Fingerprinting to the DCJIS for approval, as well. In light of this, I’m not sure our policy is ready at this juncture. I’ve emailed Attorney Jack Collins at MCOPA, and he forwarded me two models: one he produced and one produced by DCJIS. He said he wants to marry the two, so that everything is included in one model document, but he hasn’t done it yet. So, I think it is safe to say that waiting until Fall Town Meeting might be best. We will have better – and more consistent – instruction from DCJIS, and be better able to inform the public when questions arise on town meeting floor as to how this new bylaw will be implemented. Please let me know if you have any further questions. Thank you, Sarah A. Turano-Flores Nutter McClennen & Fish LLP 1471 Iyannough Road P.O. Box 1630 Hyannis, Massachusetts 02601 Direct line 508.790.5477 Fax 508.771-8079 www.nutter.com This Electronic Message contains information from the law firm of Nutter, McClennen & Fish, LLP, which may be privileged and confidential. The information is intended to be for the use of the addressee only. If you have received this communication in error, do not read it. Please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address record can be corrected. Thank you. Circular 230 Disclosure: To ensure compliance with IRS Circular 230, we inform you that any federal tax advice included in this communication (including attachments) is not intended or written to be used, and it cannot be used, for the purpose of (i) avoiding the imposition of federal tax penalties or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Board of Selectman Town Administrator 2198 Main Street Brewster, Massachusetts 02631-1898 (508) 896-3701 FAX (508) 896-8089 To: Board of Selectmen From: Charles L. Sumner, Town Administrator Subject: Orleans, Brewster & Eastham Septage Treatment Plant Date: April 19, 2013 As you are aware the Town of Orleans has set up a meeting of the Tri- Town Plant member towns on Wednesday, April 24, 2013 at 7:00pm at the Orleans Council on Aging Building on Rock Harbor Road. Dan Rabold has invited in representative from the Brewster Comprehensive Water Planning Committee along with Sue Leven, our Town Planner to our regular meeting on Monday, April 22, 2013 in order to review the status and timeline of Brewster’s comprehensive water planning project. We thought this had value from a general public education standpoint since we have not met collectively for a few months. Of course this conversation may have some relevant value when we meet on Wednesday in Orleans. The Towns of Brewster, Orleans and Eastham originally entered into an inter-municipal agreement to construct and operate a septage treatment facility in Orleans, on May 30th, 1985 for a 20 year period through 2005. The land on which the plant was constructed was originally purchased, continues to be owned by the Town of Orleans. They provided an easement to build and operate the plant on this site for the term of the inter-municipal agreement. On June 29, 2005 the three member towns agreed to extend the agreement for an additional 10 years until May 30, 2015. Beyond the issue of the extension the towns did agreed to transfer the compost building with all associated improvements to the Town of Orleans. The transfer was conditional upon allowing the three towns to operate the treatment plant for an additional 10 years, and Orleans would fully assume responsibility for all future demolition costs of the compost building. Finally the Town of Orleans had an option to extend the agreement for an additional 10 years or until May 30, 2025. The Town of Orleans has already provided notice that they do not wish to exercise this extension option. It is my understanding that the Town of Orleans has included a funding request in the amount of $5,000,000 on their May 2013 Annual Town Meeting. These funds will allow for the design of a new sewage treatment plant to service the waste water needs for their community. Upon expiration of the agreement the Board of Managers are required to obtain an appraisal of the plant excluding the land. In the event Orleans wanted to continue to operate the facility, (which they do not wish to do) they would be obligated to pay both Eastham and Brewster one third of the appraised value. Otherwise the facility shall be disposed of with the approval of the Board of Managers. The demolition costs shall be shared equally among the three towns. While we do not have a recent cost estimate for the demolition of this facility, I do recall that it was estimated at the total sum of $900,000 to $1,000,000 a few years ago. We have included the sum of $300,000 in our capital plan over a three year period. I have attached a copy of the original inter-municipal agreement along with the 2005 extension to this memo. CC: Susan Leven, Town Planner From:Susan Broderick on behalf of Charles Sumner To:Susan Broderick Subject:FW: Golf Long Range Plan Date:Friday, April 19, 2013 2:32:41 PM Attachments:Long Range Projections041913.xls Susan Broderick Administrative Supervisor Board of Selectmen / Town Administrator Town of Brewster 508-896-3701 ext. 1134 From: Mark O'Brien [mailto:mobrien@town.brewster.ma.us] Sent: Friday, April 19, 2013 1:44 PM To: Charles Sumner; Anne O'Connell; Cindy Bingham; Ed Pavlu; Jeff Odell; Jim Ehrhart; Joe Shaw; Lori Arnold; Marc Fontaine; Mark O'Brien Cc: Stephen Mann; Lisa Souve Subject: Golf Long Range Plan Hi all, The attached file includes 3 spreadsheets. The first shows the projected revenues and expenses through 2022. The second shows how these projections affect the Receipts Reserved for Appropriation account and the third shows a plan for repair of sink holes and improvements to tees and cart paths ($400,000 on a 10-year bond paid over 8 years). This plan does not propose any changes to the FY14 wages or operating expenses. It does propose increasing the net contribution from the reserve fund to the general fund from $50,000 to $125,000 annually. It also proposes eliminating $90,000 in course improvement requests scheduled for the fall Town Meeting, and instead making a request for a $400,000 bond to do course improvements. Our current capital plan called for $90,000 in each of the next 5 years for course improvements. This would take care of all of those at once, starting this November. I feel this would be more efficient. The proposed bond costs are reflected under “Course Improvement Bond”. The plan also calls for $150,000 each year for capital improvements. This is actually for equipment replacement. Although our current capital plan calls for much more in equipment replacement, Steve Mann and I feel that we can get by on this schedule. This proposal reduces the FY14 “deficit” from $269,000 to $114,447. The second spreadsheet shows the inflows and outflows to the Receipts Reserved for Appropriation account each fiscal year. This plan projects that this account will be spent down to $31,515 in 2020 and then start to be replenished after that. The third spreadsheet shows the schedule of principal and interest payments for a $400,000 bond at 4% over an 8-year period. Below that it shows the breakdown of proposed spending for sink holes, tees and cart paths indicating the holes we are hoping to address. I look forward to discussing this on Monday. Thanks, Mark Captains Golf Course Long Range Projections Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected REVENUES:FY 2012 FY 2013 FY 2014 FY 2015 FY2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 Season Passes 807,148 810,000 800000 812000 824180 836543 849091 861827 874755 887876 901194 1.50% Green Fees 1,702,002 1,700,000 1700000 1725500 1751383 1777653 1804318 1831383 1858854 1886736 1915037 1.50% Cart Fees 601,430 620,000 615000 624225 633588 643092 652739 662530 672468 682555 692793 1.50% Driving Range 102,941 110,000 110000 111650 113325 115025 116750 118501 120279 122083 123914 1.50% Pro Shop Net Revenues 58,844 85,000 90000 91350 92720 94111 95523 96956 98410 99886 101384 1.50% Restaurant Rent 47,630 49,000 50000 50750 51511 52284 53068 53864 54672 55492 56325 1.50% Interest Income 5,000 5,000 5000 5075 5151 5228 5307 5386 5467 5549 5632 1.50% Miscellaneous -1,170 45,000 0000000000.00% Total Revenues 3,323,825 3,424,000 3,370,000 3,420,550 3,471,858 3,523,936 3,576,795 3,630,447 3,684,904 3,740,177 3,796,280 EXPENSES: Payroll Expense Full Time Maintenance Wages 474,253 496,264 511778 529690 545581 561948 578807 596171 614056 632478 651452 3.00% Part Time Maintenance Wages 230,179 230,000 239117 241508 243923 246362 248826 251314 253828 256366 258929 1% Maintenance Overtime 51,354 53,000 55000 56100 57222 58366 59534 60724 61939 63178 64441 2% Full Time Operations Wages 194,615 200,715 208598 215899 222376 229047 235919 242996 250286 257795 265528 3.00% Part Time Operations Wages 190,354 189,753 192577 194503 196448 198412 200396 202400 204424 206469 208533 1% Longevity 16,682 17,424 18462 18831 19208 19592 19984 20384 20791 21207 21631 2% Total Payroll Costs 1,157,437 1,187,156 1,225,532 1,256,531 1,284,758 1,313,729 1,343,466 1,373,990 1,405,324 1,437,492 1,470,516 Operating Expense Course & Equipment Maint 537,090 547,030 572140 580722 589433 598274 607249 616357 625603 634987 644511 1.5% Golf Operations 33,025 37,490 26950 27354 27765 28181 28604 29033 29468 29910 30359 1.5% Utilities 82,528 89,700 85520 50000 50750 51511 52284 53068 53864 54672 55492 1.5% Cart Lease 113,000 112,985 112985 114680 116400 118146 119918 121717 123543 125396 127277 1.5% Advertising 25,669 50,000 50000 50750 51511 52284 53068 53864 54672 55492 56325 1.5% Clubhouse Maintenance 42,967 27,500 38500 39078 39664 40259 40862 41475 42098 42729 43370 1.5% Credit Card Fees 45,494 44,000 39000 39585 40179 40781 41393 42014 42644 43284 43933 1.5% Total Operating Expense 879,773 908,705 925,095 902,169 915,701 929,437 943,378 957,529 971,892 986,470 1,001,267 Fringe Benefits Health Insurance 183,915 166,397 178000 188680 200001 212001 224721 238204 252496 267646 283705 6.0% Life Insurance 662 740 800 800 800 800 800 800 800 800 800 0.0% FICA 13,317 13,500 13500 13635 13771 13909 14048 14189 14331 14474 14619 1.0% County Retirement 94,503 105,626 111000 118770 127084 135980 145498 155683 166581 178242 190719 7.0% Workmans Compensation 8,438 10,000 10000 10100 10201 10303 10406 10510 10615 10721 10829 1.0% Unemployment 69,290 60,000 65700 66357 67021 67691 68368 69051 69742 70439 71144 1.0% Total Fringe Benefits 370,125 356,263 379,000 398,342 418,878 440,683 463,841 488,437 514,565 542,322 571,814 Liability and Property Ins 57,455 55,000 56000 56560 57126 57697 58274 58857 59445 60040 60640 1% Total Expenses 2,464,790 2,507,124 2,585,627 2,613,602 2,676,462 2,741,546 2,808,959 2,878,813 2,951,226 3,026,324 3,104,237 Gross Profit 859,035 916,876 784,373 806,948 795,396 782,390 767,836 751,634 733,678 713,854 692,043 % of Gross 26%27%23%24%23%22%21%21%20%19%18% Capital Improvements 105,000 183,603 76,620 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 Budget Net Profit before Debt Service 754,035 733,273 707,753 656,948 645,396 632,390 617,836 601,634 583,678 563,854 542,043 % of Gross 23%21%21%19%19%18%17%17%16%15%14% Debt Service Interest New Course Expansion Bond 269,200 243,950 217,200 189,200 159,450 128,200 95,200 60,200 30,800 0 0 Actual Irrigation Upgrade Bond 9,250 5,750 2,000 00000000Actual Course Renovation Loan 00000000000Actual Course Renovation Bond 0 0 8,000 15,000 13,000 11,000 9,000 7,000 5,000 3,000 1,000 Porposed Total Debt Service Interest 278,450 249,700 227,200 204,200 172,450 139,200 104,200 67,200 35,800 3,000 1,000 Net Profit 475,585 483,573 480,553 452,748 472,946 493,190 513,636 534,434 547,878 560,854 541,043 Debt Service Principal New Course Expansion Bond 505,000 535,000 560,000 595,000 625,000 660,000 700,000 735,000 770,000 0 0 Actual Irrigation Upgrade Bond 100,000 100,000 100,000 00000000Actual Course Renovation Loan 60,000 60,000 60,000 00000000Actual Course Renovation Bond 0 0 0 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 Proposed Total Debt Service Principal 665,000 695,000 720,000 645,000 675,000 710,000 750,000 785,000 820,000 50,000 50,000 Net Cash After Debt Principal -189,415 -211,427 -239,447 -192,252 -202,054 -216,810 -236,364 -250,566 -272,122 510,854 491,043 Decrease in GRRAA 50,000 50,000 125,000 125,000 125,000 125,000 125,000 125,000 0 -230,278 -238,607 Budget NET RETURN TO THE TOWN -139,415 -161,427 -114,447 -67,252 -77,054 -91,810 -111,364 -125,566 -272,122 280,576 252,436 Cumulative Surplus to Gen. Fund 5,770,948 5,609,521 5,495,074 5,427,822 5,350,768 5,258,959 5,147,595 5,022,029 4,749,907 5,030,482 5,282,918 FY 2012FY 2013FY 2014FY 2015FY 2016FY 2017FY 2018FY 2019FY 2020FY 2021FY 2022RRAA Starting Balance881,515$ 831,515$ 781,515$ 656,515$ 531,515$ 406,515$ 281,515$ 156,515$ 31,515$ 31,515$ 261,793$ Inflows:Cart Reciepts625,000$ 620,000$ 615,000$ 624,225$ 633,588$ 643,092$ 652,739$ 662,530$ 672,468$ 682,555$ 692,793$ Outflows:Cart Lease110,000$ 112,985$ 112,985$ 116,400$ 116,400$ 116,400$ 116,400$ 123,543$ 125,396$ 127,277$ 129,186$ Irrigation Bond Payment109,250$ 105,750$ 102,000$ -$ -$ -$ -$ -$ -$ -$ -$ Course Improvement60,000$ 60,000$ 68,000$ 65,000$ 63,000$ 61,000$ 59,000$ 57,000$ 55,000$ 53,000$ 51,000$ To General Fund95,750$ 96,265$ 92,015$ 193,600$ 195,600$ 197,600$ 199,600$ 194,457$ 194,604$ 122,000$ 124,000$ Sub-Total375,000$ 375,000$ 375,000$ 375,000$ 375,000$ 375,000$ 375,000$ 375,000$ 375,000$ 302,277$ 304,186$ Capital Improvements105,000$ 183,603$ 76,620$ 150,000$ 150,000$ 150,000$ 150,000$ 150,000$ 150,000$ 150,000$ 150,000$ Add'l to General Fund195,000$ 111,397$ 288,380$ 224,225$ 233,588$ 243,092$ 252,739$ 262,530$ 147,468$ -$ -$ Increase/(Decrease)(50,000)$ (50,000)$ (125,000)$ (125,000)$ (125,000)$ (125,000)$ (125,000)$ (125,000)$ -$ 230,278$ 238,607$ RRAA Ending Balance831,515$ 781,515$ 656,515$ 531,515$ 406,515$ 281,515$ 156,515$ 31,515$ 31,515$ 261,793$ 500,400$ Golf Receipts Reserved for Appropriation Account Long Range Projection Proposed Course Improvement:4% DATE PRINCIPAL INTEREST TOTAL FY BALANCE 400,000.00$ 3/1/2014 -$ 8,000.00$ 8,000.00$ 2014 400,000.00$ 9/1/2014 50,000.00$ 8,000.00$ 3/1/2015 7,000.00$ 65,000.00$ 2015 350,000.00$ 9/1/2015 50,000.00$ 7,000.00$ 3/1/2016 6,000.00$ 63,000.00$ 2016 300,000.00$ 9/1/2016 50,000.00$ 6,000.00$ 3/1/2017 5,000.00$ 61,000.00$ 2017 250,000.00$ 9/1/2017 50,000.00$ 5,000.00$ 3/1/2018 4,000.00$ 59,000.00$ 2018 200,000.00$ 9/1/2018 50,000.00$ 4,000.00$ 3/1/2019 3,000.00$ 57,000.00$ 2019 150,000.00$ 9/1/2019 50,000.00$ 3,000.00$ 3/1/2020 2,000.00$ 55,000.00$ 2020 100,000.00$ 9/1/2020 50,000.00$ 2,000.00$ 3/1/2021 1,000.00$ 53,000.00$ 2021 50,000.00$ 9/1/2021 50,000.00$ 1,000.00$ 3/1/2021 51,000.00$ 2022 -$ Sink Holes:200,000.00$ Starboard #2, #9, #13, & #18 Port #1, #7, #8, #9, #10, & #11 Tees:170,000.00$ Starboard #5WG, #6WGR, #9B, #12B, & #18B Port #1B, #2B, #5BWGR, #8WG, #9BWGR, #10BWGR, #15WGR, & #17WGR Cart Paths:30,000.00$ Starboard #3, #5, #7, #8, #10, #12, & #16 Port #2, #4, #6, #7, #10, #11 TOTAL 400,000.00$ Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.town.brewster.ma. BoS Minutes March 11, 2013 Page 1 of 7 Office of: Board of Selectmen Town Administrator MINUTES OF THE BOARD OF SELECTMEN REGULAR SESSION MEETING DATE: March 11, 2013 TIME: 7:00 P.M. PLACE: Brewster Town Office Building, 2198 Main Street PRESENT: Selectman Lewis, Selectman Foley, Selectman Norton, Chairman Rabold, Town Administrator Charles L. Sumner, Assistant Town Administrator Jillian Douglass, George Pettengill, Nancy Ellis-Ice, Kathleen Morelli, Elliot Carr, William Moran, Rich Eldred, Larry Greeley, Ralph and Rose Ingenieri, Mary Chaffee, Don Arthur, Peter Johnson, Sarah Turano-Flores, Doug Troyer, Martin Lucenti, Peter Freeman, Mark Smith, Jeremy Lake, Mary Chaffee and many citizens NOT PRESENT: Selectman Dickson Call to Order Chairman Rabold called the meeting to order at 7:00 p.m. Citizens Forum None Article 7, Human Services Funding George Pettengill provided a history of agencies and funding from 2010 to 2014, some of the funding has gone up and some has remained level funded. Two new agencies will be receiving funding in this coming fiscal year; the Juice Bar, “Together We Can” and Outer Cape Health. Mr. Pettengill went through the list of agencies that receive funding; the total request for Health and Human Services Funding for FY14 is $78,938.00. Mr. Pettengill said that he went in front of the Finance Committee and they voted to support the funding. Selectman Lewis asked how Mr. Pettengill feels that Together We Can fits in with the Health and Human Services philosophy. Mr. Pettengill feels that it is an anti- drug, anti-smoking program. Selectman Foley said he had to recuse himself on voting on the Outer Cape Health funding because his wife works there and he does some work for the agency in his own line of business. Selectman Foley motioned to approve the article 7, Human Services funding, items 1 through 13 in the amount of 73,938.00, Selectman Lewis second. The Board voted 4- Yes, 0-No. Selectmen Lewis motioned to approve Item 14, Outer Cape Health funding in the amount of $5.000, Selectmen Norton second. The Board voted, 3-Yes, 0-No, 1-Abstain. Mr. Pettengill added that they have lost two valuable members as of 12.31.12 and he will not seek re-appointed when his term ends, due to health issues. They need new members for the Committee. www.town.brewster.ma. BoS Minutes March 11, 2013 Page 2 of 7 Health Department FY14 Budget Nancy Ellis-Ice said her budget reflects a similar funding request as in the past years; she is not asking for anything new and the Town nursing contract has come in the same as last year. The wages are up a little, but general expenses are down. Selectman Lewis asked why the Medical Clinics line was down. Ms. Ellis-Ice said that they are receiving reimbursements from heath care agencies now. Selectman Norton moved to approve the FY14 Health Department budget in the amount of $203,475.00, Selectman Lewis second. The Board voted, 4- Yes, 0-No. Public Hearing- Seasonal All-Alcoholic Beverage Restaurant Liquor License for Trail & Sail, Inc. Chairman Rabold read the notice of public hearing at 7:30pm. Kathy Morelli, manager, explained that she is the former manager of Ardeos. Ms. Morelli is planning on opening a new restaurant at the same location. It will be just a restaurant not a night club, focusing on Italian-American cuisine, called Morelli’s Taverna. The hours of operation will be 11:30am for lunch, until 9pm or 10pm for dinner and the bar will be open until 12:30pm. They will open as soon as they get the liquor license. Their regular season will be April 1 to the end of December. Selectman Lewis stated that the liquor license will be in Kathy Morelli’s name, but she is leasing the restaurant from the owners of the property. Selectman Lewis moved to approve the Seasonal All-Alcoholic Beverage Restaurant License for Trail & Sail, Inc., Selectman Foley second. The Board voted, 4-Yes, 0-No. Discussion on South Pond Drive Road Betterment Mr. Sumner explained that we have a citizen’s petition on the warrant for a road betterment for South Pond Rd. and Captain Fitts. The real significant issue is that Brewster Green which has 36 timesharing units involved, only has one vote because it is counted as one lot. The neighborhood has the amount of votes that they need to proceed at this point, but Brewster Green would like to be heard on this issue. Attorney Doug Troyer is here to represent the trustees for Brewster Green. Mr. Troyer thanked the Board for allowing them to have opportunity to speak on this petition. Mr. Troyer stated that he and his clients attempted to speak at the Planning Board hearing, but were not allowed comment. Mr. Troyer brought a plan which showed Brewster Greens relationship in terms of the project. A portion of Brewster Green is located on South Pond Drive, but access into the Brewster Green’s timeshares does not go past Cherrywood Lane and 36 units are impacted. The betterment proposes only a patch and repavement in the Brewster Green area; the rest of the work is more significant, including pulverizing and repavement and a catch basin system, but not in Brewster Green area. Some road work was done in 2006 in the Brewster Green area which Brewster Green contributed to and has maintained that stretch of road which is in better condition than the rest of the areas. Attorney Troyer has a few key problems with the Betterment project. #1, the Town failed to have submitted 2 petitions, one for Captain Fitts and one for South Pond Dr. Betterment, 2- the scale on the plan is inaccurate and 3- when the Board granted a betterment on Lund Farm Rd. and Horseshoe Lane, Town Counsel wrote a significant ruling that stated how you portion out the betterment maybe based on how it benefits the parties involved. There was a substantial difference in use of that road betterment than the one they are currently considering as it was the entrance to Brewster Green. Attorney Troyer stated that there are 27 lots and 18 citizens submitted a yes proxy. Brewster Green did not submit a proxy because they believe that they should have been entitled to more than one vote as an abutter, depending on how you define abutter. An abutter is defined as an owner of land in all references, but no owners of Brewster Green have had a vote and he believe if one considered the 36 owners, instead of one vote, there would not be the 51% required to move forward. Attorney Troyer would like have the petition taken off the warrant, but knows the road has to be repaired. Brewster Green would like to work with the neighborhood and Brewster Green is willing to pay some, but not foot the bill for the whole repair. Attorney Troyer believes that the Board failed to adequately proportion the betterment and should not have used the same system it used in 2001. Attorney Troyer stated that Brewster Green is being proportion 58% of the cost, but only getting about 20% of the value. They want to be good neighbors, but also want to be treated fairly. Marty www.town.brewster.ma. BoS Minutes March 11, 2013 Page 3 of 7 Luciente, neighborhood representative, 183 South Pond Drive, said that the neighborhood enjoys the presence of Brewster Green and Tom Warren and his staff are wonderful. The betterment issue is complicated; not one of the abutters feels that this is fair and it is about cost. Some of the owners are getting just repaving, some are getting a new road and drainage and they feel that it is unfair, but the road is in disrepair and it is a safety hazard. Mr. Luciente feels that the road frontage argument favors Brewster Green the most, while usage favors the neighbors as Brewster Green uses the road much more or you can look at it from an acreage standpoint. There is a drainage issue in that Brewster Green is on top of the hill and most of the abutters are on bottom and run off is the major contributor to the deterioration of the road. It has been 2 years since this process started and the road is in terrible condition. The neighborhood association wants to do everything they can to work with Brewster Green to work this out. Selectman Lewis asked for Town counsel to give her opinion and he will go along with what she recommends. Selectman Lewis is in favor of the people who live here versus the people who vacation here. He supports this project and thinks it is written properly as is. Sarah Turano- Flores said that she just received 72 pages from their attorney on Friday. She believes that none of the issues that Attorney Troyer presented are fatal to the project moving forward, but the issue comes down to how you count Brewster Green. The Town Bylaw regarding road betterments was adopted under state law to assess betterments and how betterments are counted and there is no definition for abutter in these. In terms of case law, you do not have to bill each property equally. You can apply a process that considers all the parties value. Ms. Turano-Flores would like the Board to hold off on voting and give her a few weeks to work out an agreement with the parties. They have until April 1st and even then you can defer recommendation until Town meeting. Chairman Rabold said that he drove the road today and did see that the worst of the road is after Brewster Green. Attorney Troyer stated that the reason they came tonight was in order to open a dialogue with Millstone Village. Selectman Foley stated that the lower part of the road is a drainage wash out issue and it is in really bad repair and that we need a deadline to work this out. Charlie Sumner wanted to clarify that the neighborhood group did try to meet with Brewster Green. Chairman Rabold stated that the Board would like a resolution or at the minimum an update by April 1st. Selectman Norton said that he felt that Brewster Green was coming to the Board late in the game and this issue needs to be resolved quickly. Selectman Lewis said that road betterments are not always fair, but this is going on the warrant one way or the other as long as it’s legal. Mr. Lucienti asked how this will change the proxy process and assessment. He was instructed to work with town counsel to resolve all these items. Attorney Troyer wanted to clarify that Brewster Green attempted to raise this issue with the planning board and was shut down. Brewster Green is looking for equitable distribution and the zone analysis maybe the best way to look at it. Brewster Green would prefer an amicable resolution, not a lawsuit. Mr. Sumner said he would like to be involved in the meetings. STM Article 4 & ATM Article 6, Community Preservation Act Funding Elliott Carr explained that the CPC approved a project a few years ago for the Brewster Historic Society to move the blacksmith shop and other items to Drummer Boy Park. The Historic Society would like to move the apothecary shop as well, but the town meeting article did not mention the apothecary shop. This is essentially an unpaid bill. Selectman Norton moved to approve article 4, Community Preservation Act Funding, of the Special Town meeting in the amount of $5,000.00, Selectman Foley second. The Board voted 4-Yes, 0-No. Article 6 is the regular CPC article. They have one major project which is the Eddy Elementary school playground in the amount of $200,000. The cost includes rubber matting as the surface for the playground, a new playground and fencing around the playground. The CPC voted unanimously in favor. Mr. Carr feels the playground will be used no matter what the building itself may be used for in the future. The other amounts on the request are normal requests in the article, professional services and professional and operating services. Selectman Lewis asked if there will there be other sources of funding for the playground. Mr. Carr said that there are other grants and fundraising and that the CPC is not funding 100% of the project. Selectman Foley stated that he can’t wrap his head around $200,000 for a playground and he needs to see and understand what it will consist of. Mr. Carr said that playgrounds have improved vastly over the years and are now being www.town.brewster.ma. BoS Minutes March 11, 2013 Page 4 of 7 constructed to be handicapped accessible and to last longer and the cost of the matting is expensive, but it is good quality. Selectman Lewis said when they redid Drummer Boy 5 to 6 years ago with no fence and minimal equipment, it costs $100,000. Selectman Norton stated that the requirements for school playgrounds are very stringent and must be certified. Chairman Rabold said there is more to the project, including improvements to fields and parking, but the $200,000 is specifically for the playground replacement. Chairman Rabold said that he can ask the Playground Committee to come in. Selectman Foley stated that he has no problem with the other items in this article, but he wants detail on the playground project before voting. Selectman Lewis moved to approve article 6, Community Preservation Act Funding/Allocations, of the Annual Town Meeting Warrant in the amount of $597,416.00 as written in the warrant, Selectman Norton second for discussion. Don Arthur, CPC member, stated that this request was very well presented to the CPC, including the value of the surfacing over the long term. The Board voted 3-Yes, 1-No. Article 33, Citizens Petition: Postpone Implementation of PAYT William Moran, Skip Jack Rd. filed the Citizens Petition. He has four points that he would like to make to the Board: 1- there is not a need to begin this year 2- there was insufficient study of waste disposal options and costs, 3-voters should have decision making power, 4- PAYT is not as equitable as people think. Mr. Moran explained each point. The tipping fee rates do not go up with Covanta until 2015. He believes there is more time for study. He believes the Recycling Commission only considered two options, PAYT and the current system. They did not consider setting up a compost station at the DPW or consider increasing fees for contractors who dump trash. Mr. Moran said that the Town of Orleans has an elaborate system for trash disposal fees and that contractor trash is not typical household waste so they should pay more money. He believes that the Town could increase voluntary recycling by increasing education. Mr. Moran believes the estimates for the cost is not accurate and the idea that most families would only dispose 1 bag per week is inaccurate. He thinks they will really probably dispose at least 2 bags a week which would cost about $250 yearly. Mr. Moran said that the Finance Committee had questions about the numbers and their accuracy and one of their members calculated the cost increase for the current permit system would be $57 over 20 years. Mr. Moran questions how equitable this system really is. Chairman Rabold said that PAYT costs less for people who produce less waste. Mr. Moran believes that a PAYT system effects lower income families and larger families adversely, akin to a sales tax. He believes that Brewster residents could decide that they want to keep existing system as it is better and more equitable for all. There is a lot of extra work in recycling which is difficult for elderly and young families. He is aware that the Board has already adopted this program, but by their own admission, the urgency has gone away since they chose to delay implementation until October 1st. Mr. Moran believes that the Board of Selectmen should have allowed the voters to vote on this issue; Mashpee voters said no to PAYT. Mr. Moran went on to say that he was restricted in his presentation this evening, that he had a power point prepared which would have been helpful. Chairman Rabold explained that he asked to review the power point first, but Mr. Moran did not want to provide it to him so the he denied him the ability to show it. Selectman Lewis wanted Mr. Moran to understand that the adopting of PAYT was a policy decision by the Board of Selectmen and cannot be overturned by the citizen’s petition. Selectman Lewis stated that the Recycling Commission worked very hard on this project and he resents the denigration of the commission. Many communities in the Commonwealth have adopted PAYT and the discussion in Town has been going on for a long time. Selectman Foley said that we should have looked at composting when the contract was negotiated with SEMASS and we should get back in discussion with them to be part of the process in the future. Selectman Foley also said that there are no longer commercial haulers and contractors have a different rate for their waste. He believes that we can increase voluntary recycling and we do need to increase education. After October 1, the contractors will have to put their waste in the PAYT bags and won’t be able to just dump their waste into the hopper. The Board of Selectmen is responsible for setting policy for the town and had a management responsibility to implement this program. Many other towns on Cape are looking into PAYT as well. Mr. Sumner said that the demolition material from contractors does not go to SEMASS, it goes to another contractor. Mr. Moran said that he has www.town.brewster.ma. BoS Minutes March 11, 2013 Page 5 of 7 seen many trucks go up to the hopper and dump there. Mr. Sumner said the DPW staff is very vigilant and regulates that activity. Mary Chafee, Board of Health liaison to the Recycling Commission, said they have been researching this program for 18 months. She believes that Mr. Moran has made a case for why we need PAYT. She does not believe voluntary recycling is enough; if they don’t recycle, they will pay more to dispose of their trash, if they do recycle, they will save money. Ms. Chafee said that 7,100 communities in the US and 136 in Massachusetts have adopted this program. The commission has studied a lot of the moving parts and there will be more programs going forward, including looking at community composting and educational programs. Ralph Ingegneri said he has heard both sides on this issue and as taxpayer, he thinks this is a good conversation and that the Board should give voters a chance to vote. Chairman Rabold said the Article will be on the warrant because it is a Citizens Petition. Larry Greeley supports recycling, but thinks that the town offices have the same requirements. Mr. Sumner said that all paper, cardboard, plastic and glass is recycled in separate bins at town hall. Selectman Lewis moved Article 33, Citizens Petition: Postpone Implementation of PAYT, Selectman Foley second. The Board voted, 0-Yes 4- No. Cape View Development LLC Chapter 40B Comprehensive Permit Project and Request for LIP Support Attorney Peter Freeman, Mark Smith, developer and architect Jeremy Lake presented a power point about their plan to develop the land off Underpass Rd. with 28 houses of 2 and 3 bedroom units, 7 of which would be affordable. They have talked to the Town Planner and had an informal staff review process which was very helpful. They have also met with the Housing Partnership who voted to support the LIP. They would move forward with the DHCD application, if the Board also supports it. They are requesting a letter of support from the Board of Selectmen to the DHCD. Jeremy Lake from Union Studio architects, of Providence, RI explained the design concept of the project. His firm specializes in community design. They create compact communities and showed examples on the power point of other projects they have done, one of which is in Dennis. This proposed location is a great site with 9.5 acres and an existing bridge for access with wetlands around three sides. The homes are designed in a circle with common space in the middle. There are no existing structures that abut the site .They will be building single family homes with a single car garage on each unit in a Cape Cod style with some being duplexes. The two bedroom units are 1300 sqft. and the 3 bedroom units are 1500 sqft. The duplexes attach only at the garage and kitchen to reduce noise exchange. Selectman Foley said that there was another developer awhile back who looked at the property and had a problem with access over Jane Remy property which is nearby. Attorney Freeman said that they have been talking to Ms. Remy and she is aware of their plans and she does not have a problem with access as long as they do not impede on her deeded right. Selectman Foley said there was a problem the last time with the Lewis bridge and the former fire chief had concerns about the bridge and emergency vehicles. Attorney Freeman said that Chief Moran has looked at the bridge and and is okay with it. Selectman Lewis asked if there was a designated area for guest parking. Mr. Lake said that you can fit a second car in the driveway, but they may try to incorporate an extra parking area for visitor parking. Selectman Lewis said they should consider it in their plans. Attorney Freeman said that at this point, they are only asking that the Board of Selectmen issue a letter of support in which they can specify their concerns and the details will be addressed in ZBA. Selectman Lewis asked about wastewater treatment. Mr. Lake said they are not currently planning an alternative treatment system, just pumping which is what is required, but the septic will be decided by the Board of Health. Selectman Norton thanked Ms. Douglass and the group for their professional presentation. He asked if anymore of the units could be made affordable. Attorney Freeman said that according to the numbers in the proforma, the target profit is 15%. If you add more affordable units, that drops the percentage that is feasible for a profit. He also explained that the Town could work with the CPC or affordable housing to add another unit using buy down funds. Attorney Freeman explained that affordable units are not at their maximum right now. They use a state formula based on current numbers and in the time that it takes to develop the project, the prices would change. Ms. Douglass said that the Housing Partnership supports the project as a LIP, but they do need to nail down more details. They would perhaps like to see a local preference in the lottery for the affordable units to Brewster residents. www.town.brewster.ma. BoS Minutes March 11, 2013 Page 6 of 7 Selectman Lewis moved to support the LIP, Selectman Foley second for discussion. Selectman Foley wondered if the letter should have qualifiers in it and should include the concerns of the Housing Partnership and department heads. Chairman Rabold said at this point it is just a letter of support. Chairman Rabold supports the project and likes that it is in the center of Town. Ms. Douglass will draft a letter with Chairman Rabold for signature and a copy will come be available for the Board to review. The Board voted 4- Yes, 0-No. Update on February 8 & 9, 2013 Blizzard Mr. Sumner said that the department heads have been working to quantify expenses, both labor and operational costs and damage to Town property which was mostly the beaches. There is about $350,000 and FEMA is coming this week to look at damage and review costs. One of the questions is whether Barnstable County is eligible for federal assistance. The snow amounts were not record level, but the length and severity of the event was significant. FEMA reimbursed at 75% of the costs. The Department of Public Works is starting repairs to beaches and all emergency repair filings with the Conservation Commission have to be submitted by the 3rd week of March. The Town will use town resources to do most of the work to keep the cost down which will delay some other work like brush clean up. Chairman Rabold said there is a video on BGTV and the website which is good documentation of how the beaches were impacted. The beaches were pretty beat up and the parking lots broken up. The Town will also be finalizing the paperwork for Hurricane Sandy while FEMA is here. Discuss May 6 Special & Annual Town Meeting Warrant – Selectmen Articles Chairman Rabold said there is nothing to review at the moment. There will be an update next week on four dog related articles. Selectman Lewis asked about the article on civil fingerprinting and if they have discussed it yet. Chairman Rabold said that Chief Koch presented previously, but the language has changed and will see the new version next week. Review & Approve February 11, 2013 Regular Session Meeting Minutes Selectman Lewis moved to approve the Regular Session Minutes from February 11, 2013. Selectman Norton second. The Board voted, 4-Yes, 0- No. Action Items Selectman Lewis moved to approve Action Items 1 and 2 as recommended by Administration, Selectman Norton second. The Board voted 5-Yes, 0-No. FYI Items Selectman Foley asked about Item A, letter from Chief Moran to Frederick Court regarding the need for a generator. Mr. Sumner explained that the facility is run by a private corporation and Chief Moran is trying to work with them. Denise Rego is working to get grants for the Brewster Housing Authority site. There is a tremendous need for generators at both locations. Liaison Reports None Topics the Chair did not Reasonably Anticipate Mr. Sumner reported that they had 18 volunteers at the Mill Sites over the weekend, helping to clean up all the trees that came down on the north side. Also, where the dam work was done, the contractor is almost finished and they are going to start to clean up in the next two weeks. There may be a need for further work at the Fish Weir area. www.town.brewster.ma. BoS Minutes March 11, 2013 Page 7 of 7 Media Questions None Future Meetings March 18 & 25, 2013 Chairman Rabold stated that the Board would be entering Executive Session to Discuss Strategy with Respect to Collective Bargaining as an Open Meeting may have a detrimental effect on the Town’s bargaining position not to return to open meeting. Selectman Lewis moved to enter Executive Session, not to return to Regular Session to Discuss Strategy with Respect to Collective Bargaining as an Open Meeting may have a detrimental effect on the Town’s bargaining position, Selectman Norton second. The Board voted unanimously in favor. Selectman Lewis-Yes, Selectman Foley- Yes, Selectman Norton-Yes, 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: agenda, liquor license application, south pond betterment map, materials and pertinent letters, information packet on Ch40B request, minutes of February 11, 2013, action items, FYI items Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.town.brewster.ma. BoS Minutes March 18, 2013 Page 1 of 6 Office of: Board of Selectmen Town Administrator MINUTES OF THE BOARD OF SELECTMEN REGULAR SESSION MEETING DATE: March 18, 2013 TIME: 7:00 P.M. PLACE: Brewster Town Office Building, 2198 Main Street PRESENT: Selectman Lewis, Selectman Foley, Selectman Dickson, Selectman Norton, Chairman Rabold, Town Administrator Charles L. Sumner, Assistant Town Administrator Jillian Douglass, Lisa Souve, Robert Sanborn, Kyle Hinkle, Sue Leven, Jo Glazebrook, Larry Greeley, Bob Bersin, Jim & Margaret Geisler, Mary Chaffee, Pat Hughes, Rich Eldred, Fred Rick, Call to Order Chairman Rabold called the meeting to order at 7:00 p.m. Citizens Forum Jim Geisler asked if there were any action items. Chairman Rabold stated that there is one action item and it is on the agenda. Larry Greeley stated that he was at the Town Clerks office and noted that the Town Clerk is still waiting for a computer for the public to use in order to look up items on their own. Selectman Lewis stated that the Town Clerk has been asking for a computer for several years and the Town Administrator will look into that. Review & Approve FY14 Utilities & Liability Budgets Lisa Souve stated that the utilities budget is $499, 935.00. She is waiting on the gasoline & diesel numbers as the bid opening is on April 3. Selectman Norton moved to approve the FY14 Utilities budget in the amount of $499,935.00, Selectman Lewis second. The Board voted 5-Yes, 0-No. In regards to the liability budget, Ms. Souve stated that it is a 13% increase over last year. There is a large increase in workers comp, as we have had many claims and they follow you for three years. Our advisor recommended a 25% increase in workers comp, a 5% increase in other items and also the Ladies Library has been added. Ms. Douglass added that the Town has a quarterly review with MIIA. The majority of the losses have been in relation to falls, for which there is little preventative measures the Town can take. Selectman Norton moved to approve the FY14 Liabilities budget in the amount of $355,000.00 Selectman Lewis second. The Board voted 5-Yes, 0-No. Discuss Department of Public Works Road Machinery Budget Lisa Souve stated that she completed a five year historical run on DPW machinery and it historically runs $15,000 short. She stated that she increased that line item an additional $10,000. Mr. Sumner stated that this has increased the DPW budget, so it does need to be re-voted. Selectman Foley asked what this line item www.town.brewster.ma. BoS Minutes March 18, 2013 Page 2 of 6 contains. Mr. Bersin stated that this is all the DPW trucks, street sweepers etc. It includes parts, oil, etc. Selectman Foley moved to reconsider the Department of Public Works budget, Selectman Dickson second. The Board voted 5-Yes, 0-No. Selectmen Foley moved to approve the FY14 Department of Public Works budget in the amount of $1,595, 891.00, Selectman Lewis second. The Board voted 5-Yes, 0-No. Review Cape Cod Regional Technical High School FY14 Budget Mr. Sanborn stated the budget process starts in October and ends in January and there was a public hearing held on February 28. The schools total budget is a $13,505,905.00, which is a 2.79 % increase over FY13. Engineering seems to be the most popular program and they have closed the hospitality program. This is in keeping with the current trends and what students are looking for. Mr. Sanborn gave an overview of their various budget items; including transportation, benefits, utilities and capital needs. Capital needs is a large item as they have an aging campus. Mr. Sanborn clarified that the School will be applying to the MSBA for a grant for renovations. They are submitting for the April 10 deadline. The amount of the renovations will depend on the outcome of the feasibility study; 40% of the funds could be just to bring the building up to current codes. Mr. Sanborn gave a brief over view of the multi-town process that would need to happen in order to get this grant. Selectman Lewis asked why enrollment was declining over the last few years. Mr. Sanborn stated that it is a concern of his as well. One issue is the decline in student population. Another issue is the increase in school competition, such as the catholic school and charter schools. Also, things such as road shows and tours of the school with other school districts have ended as schools want to keep their enrollment numbers. The school is spending more money on marketing. There is still a wait list, but it is a much smaller list than in years past. Selectman Dickson pointed out that part of the problem may be the switch of many high schools to now be grades 8-12. He asked if the tech was looking into going to 8-12. Mr. Sanborn stated that unfortunately it requires a legislative change, which they are looking at, but it will take some work. Selectman Norton asked for additional information on those students that go on to higher education and what jobs they did to get. Mr. Sanborn stated that dental students can make $15-$18 an hour after graduating from the high school. Students go on to 2 or 4 year technical schools and many of them come back to the Cape and may start their own business in plumbing, construction, electrical, etc. Chairman Rabold stated that the front cover of the school’s budget book is a picture of the work the school has done on the bathrooms at the Crosby Mansion. Mr. Sanborn thanked the Town for the work as it is an excellent learning opportunity for the students. Selectman Norton moved to approve Brewster’s assessment of the FY14 Cape Cod Regional Technical High School budget in the amount of $702,591.00, Selectman Lewis second. The Board voted 5-Yes, 0-No. Chamber of Commerce Eco-Tourism Campaign Kyle Hinkle stated that the Chamber has started a movement for an eco-tourism campaign. It involves all aspect of the Town, including the Conservation Trust, the Chamber and Nickerson State Park. The plan is to launch a recycling campaign in July and bring it to the schools. A second part of the campaign will be to work on alternative transportation on the Cape, i.e. bikeways. Selectman Lewis asked how the restaurants who sell bottled water may feel about this campaign. Ms. Hinkle stated it is not about them not selling the item, but perhaps looking at alternative containers. It is also about education. Selectman Foley mentioned the roads working group and stated that there is a list of public roads that need bike lanes and sidewalks and this will fit in well with the second part of the Chamber’s program. Ms. Hinkle stated that she has been involved in a few of the Bikeways Committee meetings and will also be working with the Recycling Commission. Selectman Dickson stated that this program will also work very well with the PAYT program. Public Hearing – Renewal of Seasonal Liquor Licenses Chairman Rabold read the public hearing notice. Selectman Lewis moved to approve the following seasonal all alcoholic restaurant license renewals pending they have passed their inspections, have the required liability insurance and all financial obligations have been paid to the Town: Fishack Corporation d/b/a JTs Seafood www.town.brewster.ma. BoS Minutes March 18, 2013 Page 3 of 6 Restaurant and Full Circle Concepts, LLC d/b/a El Guapo’s Taqueria, Selectman Dickson second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve the seasonal all alcoholic club license pending they have passed their inspections, have the required liability insurance and all financial obligations have been paid to the Town for Cape Cod National Golf Club, LLC, d/b/a Cape Cod National Golf Club, Selectman Dickson second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve the seasonal wine & malt beverages license pending they have passed their inspections, have the required liability insurance and all financial obligations have been paid to the Town for Breakwater Lobster & Fish Market, Inc, d/b/a Breakwater Fish & Lobster, Selectman Dickson second. The Board voted 5-Yes, 0-No. Review Zoning Articles Sue Leven stated that the Planning Board has voted to put these articles forward on the Town Warrant. Article 21, the sign regulations has changed how signs are regulated. They would now be regulated by use, rather than location. The bylaw has also given businesses more control over their own signs. This will only apply to businesses that are not in the historic district. Ms. Leven stated that the Planning Board will continue to work on ladder signs as there are many issues with those; some are owned by the Town, some are privately owned or on private property. Selectman Lewis moved to approve Article 21, Zoning Bylaw Amendment/Sign Regulations as printed in the warrant, Selectman Dickson second. The Board voted 5-Yes, 0-No. Article 22, parking, was brought to Town meeting last year, but it did not pass. It has been worked on again and the table has been removed. Selectman Lewis moved to approve article 22, Zoning Bylaw Amendment/Parking Regulations as printed in the warrant, Selectman Dickson second. The Board voted 5-Yes, 0-No. Ms. Leven stated that in a conversation with Town Counsel article 23 was changed from permit to license as it will be a function of the Board of Selectman. This article will allow businesses to hold special events that they may not be permitted or zoned for, i.e. an afternoon tea at a bed and breakfast. Selectman Foley stated that with the changes to this article it is much easier to work with and he suggested that it be a Selectmen’s article rather than a Planning Board article as it will be licensed by the Selectmen. Ms. Leven stated that this is not a zoning action, but a change in the use table. Selectman Foley asked for the Board to hold the vote on this article until after the public hearing on the bed & breakfast zoning amendment. This bylaw is defining the licensed special event venue, stating that the license is issued by the Board of Selectmen. Selectman Dickson asked if the Board or Town faces litigation for allowing or not allowing a special event permit. Ms. Leven stated there will be a process, similar to staff review, before an item comes before the Board. Citizens Petition, Drummer Boy Park/Dog Regulations Jo Glazebrook stated she is an abutter to Drummer Boy Park and has seen the increase in dogs at the park which did create some problems. This article is a simple solution as it has use hours and would leave it up to the voters to decide. The park is not used off season. The article is fair use of the park and will not cost the taxpayers. Selectman Dickson stated that this article now becomes a part of the mix of the other articles dealing with this issue on the warrant. Although he does not support the article he suggests that it may be first in the grouping. Chairman Rabold stated that even if this article does pass at Town meeting, he feels that there are certain areas at the park where dogs should not be, such as the playground and the Board may need to address issues as park wardens at a future date. Fred Rice asked for clarification on how these items can be brought up at one time as the warrants articles are chosen at random. Chairman Rabold stated that he will speak with the Town Moderator on having all of the dog articles brought up at one time, once one of them is drawn by the bingo system. Larry Greely asked for a dollar amount on legal fees in regards to dogs and Drummer Boy Park. Chairman Rabold stated that it is approximately $14,000.00. Jim Geisler asked what Town Counsels opinion was on the article. Mr. Sumner stated that the warrant has gone to Town Counsel and he is awaiting a response. Selectman Lewis moved to approve article 25, Drummer Boy Park/Dog Regulations as printed in the warrant, Selectman Dickson second. The Board voted 0-Yes, 5-No. www.town.brewster.ma. BoS Minutes March 18, 2013 Page 4 of 6 Review & Approve FY14 Legal Expenses Budget Mr. Sumner stated that the Town’s two year contact with Town Counsel will expire on December 31, 2013. The contract has a cap of $120,000 per year. In 2012, the actual total of legal fees was $203,500; $83,500 over the cap. In other words Town Counsel worked pro bono. The Town also had 10 cases of litigation over the last year, which is unexpectedly high and unusual. There is a need to meet with Town Counsel after Town Meeting to discuss the relationship. Selectman Foley suggests at least seeking a 6 month contract extension so that the contract matches fiscal year and is not calendar year. Chairman Rabold stated that even with the cap we are paying a very high rate of $300.00 per hour. Other Towns on the Cape do not pay more than $175.00 per hour. He also agrees that a conversation is needed with Town Counsel after the budget season to determine if the relationship is fiscally sustainable. Selectman Lewis agrees with Selectman Foley’s recommendation of trying to obtain a six month extension to the contract. The Board would like to see a total of dollars spent on legal services. Larry Greeley asked why the increase in Counsel uses. Mr. Sumner stated that it is mostly litigation cases, such as the Freeman’s Pond culvert case. Selectman Norton moved to approve the FY14 Legal Expenses budget in the amount of $141,350.00, Selectman Dickson second. The Board voted 5-Yes, 0-No. Review & Approve May 6 Special & Annual Town Meeting Warrant Articles Mr. Sumner gave a brief overview of article 2, Budgetary Transfers, including the fact that the $10,000 for the Fire Department overtime will come out of the ambulance receipts account. Selectman Lewis moved to approve article 2, Budgetary Transfers, as printed in the warrant, Selectmen Norton second. The Board voted 5-Yes, 0- No. In regards to article 3, Private Road Engineering Services/South Pond Drive & Captain Fitts Road, Chairman Rabold stated that he feels that the Board should wait to vote on this article as the parties involved are still working on an agreement of how to distribute the costs. In regards to article 5, Capital & Special Projects, Mr. Sumner stated that the school building security project is now $2,000 less; $75,000 instead of $77,000. For the Freemans Pond Culvert project there may be some money left in the Millsite project that can be used for this. Selectman Norton moved to approve article 5, Capital and Special Projects Expenditures in the amount of $195,000.00, Selectman Foley second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve article 20, Pleasant Bay Resource Management Plan Update, Selectman Norton second. The Board voted 5-Yes, 0-No. In regards to article 24, Town Code Amendment/Animal Control, Chairman Rabold stated that article 24, contains both the original language/bylaw and what it is being replaced with. Selectman Dickson suggest having the old language in a different font or perhaps italicized. Selectman Dickson also referenced an email from Jason Klump and asked if any of his suggestions were incorporated. He suggested holding the vote on this article. Chairman Rabold stated that he did not include Mr. Klump’s suggested changes. The Board was in agreement to hold on this article. Selectman Dickson suggests this be a separate agenda item at an upcoming meeting. Chairman Rabold asked the Board to review the article and send himself and Mr. Sumner the changes and he will incorporate them. Selectmen Foley asked for the Police Chief’s recommendations on changes that Mr. Klump has recommended that effect his department, such as the dollar amount of fines. Chairman Rabold stated that articles 26 & 27 are focused to give the Town a vote on where they would like an off leash dog park. They do not, nor are they meant to address funding at this time. The proposed location behind the police station is behind the line that the Police Chief stated he may need for possible future expansion of the police facility. Selectman Foley stated that these dog articles may take a good part of the night www.town.brewster.ma. BoS Minutes March 18, 2013 Page 5 of 6 and is there a possibility of a compromise article. Chairman Rabold stated that there has very recently been another location mentioned for a dog park near the Council on Aging. He stated that he is willing to substitute this location for the location behind the Police Station, but he would like to leave the Drummer Boy Park location on the warrant. Selectman Lewis stated that if this location near the COA would work he would prefer to pull both locations and present this one. Selectman Foley agreed. Selectman Norton stated that he walked the land in question by the COA. On Tuesday, March 19, this issue will be presented to the Conservation Commission and it should come to the Board of Health shortly thereafter. The Board was in agreement to hold the vote on these articles. Chairman Rabold did ask the Board to review the articles and let him know of any changes they would like. Selectman Lewis moved to approve article 28, Town Code Amendment/Civil Fingerprinting, as printed in the warrant, Selectman Norton second. The Board voted 5-yes, 0-No. In regards to article 32, Real Estate Transfer Project/State Forest, Mr. Sumner stated that the state owns a parcel of land off of route 124 near the police station/cemetery and this article would be to exchange property that the Town owns next to Nickerson State Park for the state owned property. Thanks to help from our legislature the State is interested in this swap. The State is interested in owning all of the parcels that the Town owns that abut Nickerson and they may be willing to buy them. This article was written to get the Towns authority to enter into this land swap. Selectman Lewis moved to approve article 32, Real Estate Transfer Project/State Forest, as printed in the warrant, Selectman Norton second. The Board voted 5-Yes, 0-No. Review & Approve February 25, 2013 Regular Session Meeting Minutes & Executive Session Minutes of March 11, 2013 Selectman Norton moved to approve the regular session minutes of February 25, 2013, Selectman Lewis second. The Board voted 4-Yes, 0-No, 1-Abstain. Selectman Norton moved to approve the executive session minutes of March 11, 2013, Selectman Lewis second. The Board voted 4-Yes, 0-No, 1-Abstain. Approve Release of Executive Session Minutes Selectman Lewis moved to approve the release of the executive session minutes as recommended by Administration, Selectman Norton second. The Board voted 5-Yes, 0-No. Appointment Selectman Lewis moved to appoint, Karen Thurber to the Council on Aging for a term of 3 years, expiring June 30, 2013 and Elizabeth Taylor as Brewster’s representative to the Cape Cod Commission for a term of 3 years, expiring April 24, 2013, Selectman Norton second. The Board voted 5-Yes, 0-No. Action Items Selectman Lewis moved to approve Action Items 1 as recommended by Administration, Selectman Norton second. The Board voted 5-Yes, 0-No. FYI Items None Liaison Reports Selectman Foley stated that he attended the Golf Commission meeting; the Commission discussed the courses’ capital requests. The Commission voted only to replace the equipment in poor condition. As they are operating in a deficit, they did not feel it was right to replace all of the equipment. The capital plan will be amended to reflect this. Selectman Foley praised the Commission for the action and fiscal responsibility. Chairman Rabold www.town.brewster.ma. BoS Minutes March 18, 2013 Page 6 of 6 stated that he and Mr. Sumner will be going before the Finance Committee this Wednesday and invited all Board members to attend. Mr. Sumner and Mr. Lewis will be traveling to Boston tomorrow, March 19, to testify on the rooms occupancy tax bill. Topics the Chair did not Reasonably Anticipate Selectman Lewis stated that the Town of Chatham is going to ask for funds to appropriate a skate board park and the Town of Brewster may want to become involved in this in the future. Media Questions None Future Meetings March 25, 2013 Selectman Norton moved to adjourn at 9:51pm, Selectman Lewis second. The Board voted 5-Yes, 0-No. Respectfully submitted, Susan Broderick Administrative Supervisor Approved: _______________ Signed: _______________________________________ Date Edward Lewis, Clerk of the Board of Selectman Accompanying Documents in Packet: agenda, Brewster assessment for CC Tech budget, Brewster Chamber of Commerce Sustainability Action Plan-Ecotourism paper, seasonal liquor license application, new positions/program budget requests for FY14, regulars session minutes of February 25, 2013, executive session minutes of March 11, 2013, list of executive session minutes to be released, appointments action items, FYI items Town of Brewster 2198 Main Street Brewster, MA 02631-1898 Phone: (508) 896-3701 Fax: (508) 896-8089 www.town.brewster.ma. BoS Minutes March 25, 2013 Page 1 of 6 Office of: Board of Selectmen Town Administrator MINUTES OF THE BOARD OF SELECTMEN REGULAR SESSION MEETING DATE: March 25, 2013 TIME: 7:00 P.M. PLACE: Brewster Town Office Building, 2198 Main Street PRESENT: Selectman Lewis, Selectman Foley, Selectman Dickson, Selectman Norton, Chairman Rabold, Town Administrator Charles L. Sumner, Assistant Town Administrator Jillian Douglass, David Telman, Richard Hoffman, Rich Eldred, Jennifer Rabold, Robert Moran, Donna Kalinick, Denise Fronius, John O’Reilly, Ben DeRuyter, Maureen Steinmann, Keith Gauley, Larry Greeley, Denise Rego, Sue Skidmore, Giovanna Venditti, Bob Bersin, Pat Hughes Call to Order Chairman Rabold called the meeting to order at 7:00 p.m. Citizens Forum None Discuss Eddy School Playground Jennifer Rabold handed out an information sheet on the playground. She stated that the improvement of the playground has been on the capital plan for the last several years, but has always been deferred. The playground needs to be replaced as it has items that are unsafe and items have been removed because they are unsafe. The playground is also used by the Recreations Department as well as the entire Town. In April of 2012, legislation was passed that allows CPC funds to be used for recreation purposes. Mrs. Rabold went over the timeline in developing the playground. The committee has also applied for other grants and is fundraising and accepting donations for the playground. The surface is costly due to the fact that it is ADA compatible, as is the majority of the equipment that will be purchased. The project will be completed during the summer. Selectman Foley questions the cost of the playground; was there any thought to relocating the playground in order for both schools to use it as well as it to be used by outside people while school is open? Mr. Gauley stated that regardless of where it is placed on school grounds the restricted use would remain in effect. Selectman Lewis stated that the taxpayers are not being asked to fund this $424,600.00 project. Mrs. Rabold stated that the cost was based on a bid and estimates from John Kissada, the designer. The equipment is the same that Disney uses and it has a very good warranty. Selectman Norton stated that he felt that the estimated cost for the landscaping may be high and should be looked at. Mrs. Rabold stated that they hope that many of those items will be donated when the time comes. Maureen Steinmann asked if the footpaths between the schools will be ADA accessible and she asked if there are any parents who may have children in wheelchairs to www.town.brewster.ma. BoS Minutes March 25, 2013 Page 2 of 6 review the plans. Mrs. Steinmann stated that Claire Gradone from the All Citizen’s Access Committee has volunteered to serve as the liaison to the playground subcommittee. Mr. Gauley stated that there is a parent of a child in a wheelchair who will be reviewing the plans and they have been in contract with Victor Staley regarding the plans. He also stated that the path between the schools will be motor vehicle accessible as well as wheel chair accessible. Mr. Gauley stated that a wheelchair ramp would cost an additional $40,000 and that is why they are looking at multi levels. Review & Approve Elementary Schools FY14 Budget & Capital Requests Dr. Hoffmann handed out a summary sheet for the FY14 budget. The School committee has been working on the budget since December. Dr. Hoffmann went over the budget summary sheet. The final vote of the School committee was on March 21 with a budget of $6,690,250.00. In FY13 & FY14 the school is facing mandated spending for special needs students. Mr. Telman added that the committee feels that they have cut as much as they can without effecting the education of the students. The majority of the operational budget increase is for teacher salaries and not in supplies. Mr. Lewis stated that he hopes that the legislature will look at a different funding mechanism for special education as you can not take that from regular education. Selectman Foley asked for an explanation on the term ‘special needs extended school tuition’. Dr. Hoffmann stated that this refers to students who require summer ‘tutors’ for their IEPs in order for them to not fall behind. Selectman Foley also asked for information on the increase of custodial costs at Stony Brook. Mr. Telman stated that this has to do with the 5 classrooms that the YMCA is using and the revenue from that is being used to pay for the increase in expenses. Selectman Foley asked for a breakdown of revenue vs. expenses regarding the rental of classrooms to the YMCA. The rental of the classrooms to the YMCA brings in approximately $27,000.00 a year. Selectman Foley also asked for an update on the new cafeteria plan. Dr. Hoffman stated that the state did change the nutrition guideline which has added to the deficit of the cafeteria program as the food must be fresh. In the cafeteria program, there was a retirement as well as someone who took another job and these two positions will not be filled. There is also a decrease in the usage of the cafeteria program and they are looking at that. Mr. Sumner stated that the proposed budget is approximately a 3.1% increase, which is manageable. He feels that the Town has approximately $100,000.00 of new spending/programs that it can look at. Dr. Hoffmann stated that they have a four classroom kindergarten; 76 student enrollment plan for FY14. As of right now, there have been 74 students registered for kindergarten and 9 packets that have been picked up and not returned. There are typically 9 students signed up over the summer. There could be a total of 85 students in the kindergartner class of 2013-2014, which would put over 20 students per class, which is not recommended for kindergartner class size. This may require a 5th kindergarten class to be added. This would be a cost of approximately $80,000.00. This is on the schools committee’s agenda for their next three meetings. Selectman Norton stated that there was a similar issue a few years ago and the solution was to come back to the Town at the Fall Town meeting to request additional funds. Selectmen Norton moved to approve the elementary schools budget in the amount of $6,690, 250.00, Selectman Lewis second. Mr. Greeley asked for clarification on the amount that would be taken from the revenue from the YMCA classroom rental. Mr. Telman stated that it would be approximately $15,000 and that it can not be spent on the operating budget. The Board voted 5-Yes, 0-No. In regards to the capital requests Dr. Hoffmann stated that the requests in the special Town warrant are for security and the window replacement project. Due to being behind in past years approved capital request, as well as under spending, most items have been deferred to the fall, except for the $30,000 request for technology; $15,000 for each school. An MSBA grant will not be submitted for the window project as they plan to submit for the roof & HVAC project. Selectman Lewis once again asked for a report on the status of past and present capital expenditure projects. He also asked for a breakout of what the $30,000 technology request would be used for. Selectman Foley also asked for an update on the technology plan as technology changes quickly. Dr. Hoffmann stated that both elementary schools are now wireless and the middle school should be wireless soon. Desktops are still used in the schools as well as the increase in usage of tablets and iPads. www.town.brewster.ma. BoS Minutes March 25, 2013 Page 3 of 6 Review & Approve Nauset Regional Schools FY14 Budget & Capital Requests Dr. Hoffmann stated that for the Middle School & High School there have not been many changes to the budget. The region has 4 components to the budget; the middle school, high school, central office budget and the ‘region only’ components, which include operations, special education, transportation, etc. The FY14 total operating budget is $28,256,752.00. Dr. Hoffmann then went over the revenue that the school receives, such as grants, school choice, Truro & Provincetown tuition. There is $8,656,233 projected in revenue for FY14. This created a net operating budget of $19,691,510.00, a 2.75% increase from FY13. The net debt to be funded is $39,539 for a total assessment of $19,731,058.00; which makes Brewster total assessment $9,225,888.00. Selectman Foley asked for an update on state chapter 70 aid. Dr. Hoffman stated that it will most likely be level funded, but the Governor has asked for a slight increase per student. Selectman Foley asked if the region was charging a sufficient amount for tuition for Turo & Provincetown. Dr. Hoffmann stated that the contracts for Turo & Provincetown expire in 2014 and they are looking to renegotiate. Selectman Foley also expressed concern on the possible decrease in those that choose Nauset due to the new Monomy Regional School District. Dr. Hoffman stated that it is a concern as approximately 25% of the school choice comes from Chatham/Harwich. Mr. O’Reilly stated that the committee is starting to address this issue and will be looking at ways to make Nauset High competitive; including implementing new programs, such as STEM, and the robotics program. The new Monomy High School is also the reason why Turo & Provincetown do not want to enter into new long term contracts with Nauset. Selectman Dickson asked for reasoning behind the increase in the cost per pupil in the Nauset district as it is above state average over the past 6 years. Could some of it be the increase in school choice? Mr. O’Reilly stated that he did not have an answer at this time, but the school committee will be looking at these numbers and are having the accountants come in to look at the numbers. Selectman Norton moved to approve the Nauset Regional School budget in the amount of $9,225,888.00, Selectman Lewis second. There was a brief discuss on the AFS program, as the region is having foreign students that are paying tuition and this is affecting the AFS program. The Board voted 5-Yes, 0-No. Dr. Hoffman stated that there is $214,620.00 in capital requests for the spring warrant. Dr. Hoffmann stated that the school committee submitted a new capital plan for FY14 as well as an update FY13 capital plan as they had changed since they were originally approved by the Board. Review & Approve Finance Committee Budget Ben DeRuyter stated that Mr. Levasseur suggested increasing the reserve fund in case there is an increase in special needs for the schools. Mr. Sumner gave an overview of what has been spent of the reserve fund over the last several years. Reserve funds that are not spend ultimately end up in Free Cash. Mr. Sumner stated that if the reserve fund were to increase, the additional funds would come from excess level capacity. Selectman Lewis stated that he was not in favor of increasing the reserve fund as it would take away from possible new programs that would benefit the Town. Selectman Lewis moved to approve the Finance Committee FY14 Budget in the amount of $102,300.00, Selectman Foley second. The Board voted 5-Yes, 0-No. Reconsider Town Administrator, Retirement, Natural Resources, Golf Department & Water Department Budgets Selectman Norton moved that the Board vote to reconsider the following FY14 Budgets: Town Administrator, Retirement, Natural Resources, Golf Department and Water Department, Selectman Dickson second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve the Town Administrators Budget in the amount of $296,796.00, Selectman Norton second. The Board voted 5-Yes, 0-No.Selectman Lewis moved to approve the FY14 Retirement Budget in the amount $1,697,705.00, Selectman Norton second. The Board voted 5-Yes, 0- No. Selectman Lewis moved to approve the FY14 Natural Resources budget in the amount of $272,897.00, Selectman Norton second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve the FY14 Golf Department budget in the amount of $2,150, 627.00, Selectman Norton second. The Board voted 5-Yes, 0-No. www.town.brewster.ma. BoS Minutes March 25, 2013 Page 4 of 6 Selectman Lewis moved to approve the FY14 Water Department budget in the amount of $1,111,067.00, Selectman Norton second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to reconsider the assessment budget, Selectman Norton second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve the FY14 Assessment budget in the amount of $45,150.00, Selectman Norton second. The Board voted 5-Yes, 0-No. Discuss Capital & Special Project Expenditures Mr. Sumner stated that the goal for free cash spending is $725,000 and the total expenditure is $929,000; which will require some cutting. Mr. Summer stated that he may not need the $30,000 for the Freemans Pond culvert request as there may be some funds left over from the Dam reconstruction project. He does not see many other areas to cut. There was a suggestion to cut tasers from the police department request or perhaps decreasing the vehicle requests for the police department. Chairman Rabold asked the Board to review the projects and suggest where cuts could be made for next weeks meeting. Selectman Dickson asked if we could apply excess level capacity to the capital request. Mr. Sumner stated that it could be done. Discuss New Positions and/or Programming Budget Requests for FY14 Chairman Rabold stated that the two biggest requests are for new positions, one in Fire and one in DPW. Mr. Sumner stated that he could also reduce the request for the increase in liability insurance by $5,000.00. Mr. Bersin gave an overview of his gravel road maintenance request. The DPW spends $15,000 to maintain 3 gravel roads. Selectman Lewis stated that if this work must be done three times a year in order to make the roads passable, it should be put in an override. Selectman Dickson asked if these roads were part of the upcoming discussion on bonding to repair town roads. Selectman Foley stated that these roads were not included in that project as the roads are not 100% town owned. Selectman Lewis stated that when the Town has wanted to add new positions, in order to sustain them, it has gone before the Town as an override; otherwise the positions are not sustainable. Selectman Norton stated he would not support an override and he would defer the new positions until the Town is able to afford them. Chairman Rabold stated that the Town is looking at a small excess which is why we can look at the possibility of new programs and/or positions. He also stated that the purpose of an override is to give the Town the choice as to what they want to fund. Selectman Dickson stated that he feels that the priority is capital items and not the new requests and he feels that the request for new full time positions would require an override in order to sustain them and he is not in favor of an override this year. Chief Moran stated that the full time position of Deputy Chief is in the 5 year plan. He is willing to transition this position in over a 2 year time frame and stated that it is a very important and needed position. Reconsider Special Town Meeting Warrant Article 4 & Annual Town Meeting Warrant Articles 6, 7, 12, 14, 15, 29, 30 & 33 Selectman Lewis moved that the Board vote to reconsider the following warrant articles; article 4, Community Preservation Act Funding of the May 6, 2013 Special Town Meeting Warrant and article 6, Community Preservation Act Funding/Allocations; article 7, Human Services Funding; article 12, Special Revenue Crosby Mansion Revolving Fund; article 14, Special Revenue Fund/Recreation Revolving Fund; article 15, Property Valuation Services; article 29, Real Estate/Sand Rights Release; article 30, Professional Services/Banking Charges and article 33, Citizens Petition: Postpone Implementation of PAYT from the May 6, 2013 Annual Town Meeting Warrant, Selectman Norton second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve article 4, Community Preservation Act Funding in the amount of $5,000, as printed in the warrant, Selectman Norton second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve article 6, Community Preservation Act Funding/Allocation in the amount of $597,416.00 as printed in the warrant, Selectman Norton second. The Board voted 4-Yes, 1-No. Selectman Lewis moved to approve article 7, items 1-13 for Human Services Funding in the amount of www.town.brewster.ma. BoS Minutes March 25, 2013 Page 5 of 6 $73,938.00, Selectman Dickson second. The Board voted 5-Yes, 0-No. Selectman Lewis moved, item H, Outer Cape Health Services in the amount of $5,000.00, Selectman Dickson second. Board voted 4-Yes, 0-No, 1- Abstain. Selectman Lewis moved to approve article 12, Special Revenue Fund/Crosby Mansion Revolving account in the amount of $200,000.00 as printed in the warrant, Selectman Dickson second. The Board voted 5- Yes, 0-No. Selectman Lewis moved to approve article 14, Special Revenue Fund/Recreation Revolving Fund in the amount of $200,000.00 as printed in the warrant, Selectman Dickson second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve article 15, Property Valuation Services, in the amount of $65,000.00 as printed in the warrant, Selectman Dickson second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve article 29, Real Estate/Sand Rights Release, as printed in the warrant, Selectman Dickson second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve article 30, Professional Services/Banking Charges in the amount of $5,000.00 as printed in the warrant, Selectman Dickson second. The Board voted 5- Yes, 0-No. Selectman Lewis moved to approve article 33, Citizens Petition: Postpone Implementation of PAYT, as printed in the warrant, Selectman Dickson second. The Board voted 0-Yes, 5-No. Discuss May 6 Special & Annual Town Meeting Warrant Articles – Selectman Articles None were discussed Discuss Issuing a Proclamation for CVEC The Board was in agreement that they would like to issue a proclamation for CVEC. Action Items Chairman Rabold stated that action item 1, request for signature was deferred. Selectman Foley moved to approve Action Items 2-6 as recommended by Administration, Selectman Lewis second. The Board voted 5- Yes, 0-No. Appointments Selectman Lewis moved to appoint Brenda Locke to the Recycling Commission for a term of 3 years, expiring June 30, 2016, Selectman Norton second. The Board voted 5-Yes, 0-No. FYI Items Selectman Foley asked for a discussion on item M, minutes from the Tri-town Board of managers meeting. Comments were about Brewster possibly wanting to be involved in funding the building of new plant. Should the Board have a discussion on this? Mr. Sumner stated that Brewster is not interested in sewerage, but we may want to use it for our septage treatment. There is no commitment from Brewster on this. Liaison Reports Selectman Norton stated that he attend last weeks Conservation Commission meeting and that a new site for a dog park was presented. The land is under control of Brewster Conservation and up to 4 acres can be used for passive recreation. The dog owners stated that they would pay for a fence and Town Counsel stated that it is legal for the Brewster Conservation to grant this. The Animal Control officer could patrol the park. Conservation will have a public meeting on this in April and has sent out abutters notices. The housing authority has voted to support the park at this location. He asked that this item be placed on the agenda for next week. Mr. Greeley also supports this. Selectman Foley asked if we center on one location for a dog park would the other articles be removed. Chairman Rabold stated that this is a possibility and will also be discussed at the next Selectmen’s meeting. Mr. Sumner stated that in the last issue of the Beacon, the U.S State Department and MMA are hosting delegates from Pakistan and they are looking for host Towns. Mr. Sumner would like to offer Brewster as a host Town. They would spend nine days in the Town, shadowing Town departments and attend Town Meeting. There is no cost to the Town. The Board was in agreement that they support this idea. www.town.brewster.ma. BoS Minutes March 25, 2013 Page 6 of 6 Topics the Chair did not Reasonably Anticipate None Media Questions None Future Meetings April 1, 2013 Selectman Norton moved to adjourn at 10:23 pm, Selectman Dickson second. The Board voted 5-Yes, 0-No. Respectfully submitted, Susan Broderick Administrative Supervisor Approved: _______________ Signed: _______________________________________ Date Edward Lewis, Clerk of the Board of Selectman Accompanying Documents in Packet: agenda, information on Elementary Schools & Nauset Regional Schools budget, motion to reconsider FY14 budgets, new positions/program budget requests for FY14, motion to reconsider articles, appointments action items, FYI items April 22, 2013 Action Items Page 1 of 1 BREWSTER BOARD OF SELECTMEN MEETING OF APRIL 22, 2013 ACTION ITEMS 1. Request for Signature – Charles Sumner has completed a disclosure by non-elected municipal employee of financial interest form as required by G.L. c. 268S, section 19, as his daughter, Emily Sumner has applied for a vacancy on the Mill Sites Committee. He asks that the Board review the form and sign. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to sign the disclosure form. 2. Request for Yearly Hawker & Peddler License – Beth & David Lewis of Lewis Brothers Homemade Ice cream are requesting a yearly Hawker & Peddler license for their ice cream truck. They wish to have their truck at private functions, by invitation, within the town. They have been asked by Ocean Edge to attend a June 11th function. They have also been approached by several groups who have rented Drummer Boy Park for various craft fairs for the summer. The Board of Health has approved a mobile food permit, pending inspection of their truck and they have a State Hawker & Peddler license. The cost of the license is $100.00. They understand that they can not travel to the Town beaches as we have a contract with a vendor for this purpose. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request. 3. Request for One Day Entertainment License & Waiver of Fee – The Brewster Chamber of Commerce is requesting a one day entertainment license for Sunday, April 28 from 3:30pm – 5:00pm at Drummer Boy Park for Brewster in Bloom. The Kami Lyle Trio will be performing, the music style is jazz and it will be amplified. The Chamber is also requesting a waiver of the $35.00 license fee as the Arts Foundation is donating this concert to Brewster. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request and waive the $35.00 fee 4. Request for Waiver of Solid Waste Disposal Fees – The Brewster Chamber of Commerce is requesting that Nauset Disposal (a local commercial waste hauler) be allowed to dispose of waste from the Brewster in Bloom Parade and Festival events. Nauset Disposal is donating the containers and the waste removal services at several locations during this event, but would normally be charged a disposal fee at any transfer station. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request. 5. Declare Surplus Property – The Town has 14 ‘student’ desks, 4 metal desks and 18 stainless steel chairs that we would like to have declared surplus and sell on GovDeals. These items originated at the elementary schools and are being stored in the old water department building behind the COA. ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request. Board of Selectmen Appointments April 22, 2013 Rebecca Howes to the Agriculture Commission for a term of 3 years, expiring June 30, 2016 Emily Sumner to the Mill Sites Committee for a term of 3 years, expiring June 30, 2016 Rob Harris to the Golf Commission effective July 1, 2013 – June 30, 2016 Marc Fontaine to the Golf Commission effective July 1, 2013 – June 30, 2016 David Whitney as Deputy Warden of Elections for a term of 3 years, expiring June 30, 2016 FYI ITEMS (MAIL) APRIL 22, 2013 A. February 19, 2013 Conservation Commission meeting minutes B. Letter from Cape Cod Commission to Secretary Richard Sullivan, re; Harwich CWMP expanded ENF C. March 13, 2013 Orleans, Brewster, Eastham Groundwater Protection District Board of Managers meeting minutes D. Notice from MassDOT on sweeping of State roads E. Letter from Senator Wolf to Join Committee on Revenue, re; support of House bill 2693, rooms tax F. Town Counsel’s opinion on dog park on Route 137 G. Notes from April 2, 2013 meeting with Transfer Station employees to discuss PAYT H. Notice of Cape Cod Commission hearing, re; proposed amendments to member qualifications after a missed hearing I. Notice from Consumer Assistance Council on new Executive Director, Kimberly Denis J. Letter from MassHousing to Charles Sumner, re; rehabilitation of Kings Landing housing development K. Copy of House bill 590 to amend Barnstable County Home Rule Charter by adding a recall provision L. Letter from Pleasant Bay Alliance to Kenneth Kimmell, Mass DEP, re; support of proposed revisions to wetland regulations M. Letter from Town Counsel to Law Offices of Paul Revere, re; Notice of intent application, Dion Dugan N. Letter from Town of Dudley, re; requesting support of change to Chapter 70 formula O. Letter from Rubin & Rudman to Conservation Commission, re; Edmonson et al. Supplement to NOI P. March electrical energy report Q. Town Counsel’s review of May 6, 2013 Special & Annual Town Warrant R. Copy of draft Barnstable County HOME Consortium’s FFY 2013 annual plan S. Copy of letter from BCK Law to Chris Powicki, re; allegations regarding CLC 2006 competitive electric supply agreement FYI – April 22, 2013 Page 1 of 1