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HomeMy Public PortalAbout060115fyibackup FYI ITEMS (MAIL) .TUNE 1, 2015 A. Invitation to Selectmen from Orleans to participate in 4"' of July parade B. Resignation from Marc Fontaine for the Golf Commission C. Resignation from Elliott Carr for the Community Preservation Committee D. Update on legal review of Board of Health proposed regulations to restrict the sale and use of tobacco products E. Copy of letter to MA DEP from Jim & Suzanne Bergeron, re; Breakwater project F. Copy of letter to Mr. Joel Richards from Victor Staley, re; order of demolition for 19 Muskrat Lane G. PRIM Board April 2015 update H. PRIM April 2015 account statement I. FY16 Veteran's Services assessment J. April 23, 2015 Recycling Commission meeting minutes K. Copy of letter to MA DEP from Beverly Biondi, re; Breakwater project FYI--June 1, 2015 Page 1 of 1 Orleans 2015 Fourth of July Celebration May 23, 2015 , Brewster Selectboard 00000 Brewster Town Off ices 2189 Main Street Brewster, MA 02631 Dear Brewster Selectboard, The Orleans 4t" of July Celebration Committee would like to invite you to participate in the Orleans 4t" of July Parade to be held at 10:OOAM on Saturday, July 4, 2015. Your service to your community is greatly appreciated and we would be honored if you would accept this invitation. Should you choose to participate you should arrive at the Orleans Elementary School by 9:30am. Thank you for considering this request. We will contact you soon as to your decision. I . Orleans 4th of July Celebration Committee ;,.;; ISI ("11 ane Peno, Co Chair 1 � ' J, Marc Fontaine 357 Blueberry Pond Drive Brewster, MA 02631 Board of Selectmen: Please use this correspondence as my resignation from the Golf Commission effective June 30, 2015. Respectfully, 7 YJ . Marc Fontaine cc:Anne O'Connell Mark O'Brien Susan Broderick From: Elizabeth Taylor Sent: Wednesday, May 27, 2015 5:06 PM To: Pat Hughes; Susan Broderick Subject: FW: Community Preservation Committee From: Paul Ruchinskas rmailtomiruch@comcast.net) Sent: Thursday, April 23, 2015 6:59 PM To: Elizabeth Taylor; Jeanne Boehm Subject: Fwd: Community Preservation Committee FYI. Begin forwarded inessage: From: "Elliott Carr"<e11iottcarr007 cc.amaiLcom> Date:April 23, 2015 1:27:15 PM EDT To: "Charles Sumner"<CSUM NERna.brewster-mamov>,"'Paul Ruchinskas"' <oiruch ftomcast.net>, "Donna Moberg" <dmob e raOtown.b rewste r.ma.u s> Subject: Community Preservation Committee Charlie—After serving, I believe since the inception of the Community Preservation Committee, the time has come for me to resign and make way for a new member with fresh ideas. I have enjoyed my service on the Committee and believe the CPC has in fact lived up to its purpose by undertaking many purchases which have in fact "preserved" facets of the Town's character we all treasure. It has been a pleasure working with so many wonderful people. Elliott i Cts MJ Nutter Sarah A.Turano-Flores Direct Line: (508)790-5477 Fax: (508)771-8079 E-mail: sturano-florcs@nutter.com May 18, 2015 111544-33 Nance Ellis Ice Health Director Town of Brewster 2198 Main Street Brewster, MA 02631 Re: Review of Brewster Rej2ulations Restrictinp-the Sale and Use of Tobacco. Products &Nicotine Delivery Products Dear Ms. Ice: In late 2013, we were asked to review proposed Board of Health Regulations to govern the Sale and Use of Tobacco Products &Nicotine Delivery Products ("Regulations"), which would replace existing regulations adopted on July 12, 2012. By letter dated January 6, 2014, we concluded that the Board of Health has the authority to adopt regulations of the type proposed in the draft Regulations, except that the Regulations cannot limit the sale of cigarette rolling papers in a manner stricter than set forth in Massachusetts General Laws, Chapter 270, Section 6A. We also provided suggested edits to the draft Regulations. At the time, however, the Board decided to postpone Ru-ther action until after the courts weighed in on the constitutionality of such Regulations. At its meeting on March 18, 2014, the Board voted to table the proposed Regulations and revisit the issue in March of 2015. The Board has asked us to provide an update as to the status of similar regulations that have passed in Massachusetts and throughout the United States. Since January of last year, the issue of raising the minimum age to purchase cigarettes and other tobacco products has received national attention. Last spring, Colorado and Washington made headlines when attempting to raise the minimum age to purchase tobacco to 21. While the proposal in Colorado was ultimately rejected, Washington is still considering the legislation. Likewise, Rhode Island and Washington, D.C. are considering similar bills proposed earlier this year, and Hawaii is currently considering a sweeping proposal that will raise the minimum smoking age to 21. While no state-wide increase to the minimum age for purchasing tobacco products has gone into effect yet, as of April 24, 2015, 64 localities in 7 states have raised the minimum legal sale age for tobacco products to 21. See Campaign for Tobacco-Free Kids fact sheet, attached for your reference. According to the fact sheet, the majority of the municipalities are located in Massachusetts, including the Town of Yarmouth. No other Cape municipality has passed a similar measure. NUTTER MCCLENNEN & FISH LLP e ATTORNEYS AT LAW 1471 Iyannough Road ^ P.O. Box 1630 - Hyannis, Massachusetts 02601-1630, 508-790-5400 � Fax: 508-771-8079 www.nutter.com Nancy Ellis Ice 1461 May 18, 2015 Page 2 Notably, these regulations increasing the minimum age to purchase tobacco products have not yet been challenged on constitutional grounds (but they can be challenged at any time). An example of a health regulation that was recently invalidated on constitutional grounds is the New York City regulation that prohibited the sale of more than 16 ounces of soda. In that case, the court found that the regulation violated the principle of separation of powers and that the Department of Health and Mental Hygiene had exceeded the scope of its regulatory authority. See New York Statewide Coalition of Hispanic Chambers of Cottntterce v New York City Dept. of Health &. 11ental Hygiene, 23 NY3d 681 (2014). As set forth in our previous letter, however, there is extensive case law involving the general authority of Massachusetts local boards of health to promulgate regulations governing the sale and use of tobacco. See, e.g., Atnerican Lithuanian Naturalization Club v. Bd. of Health of Athol, 446 Mass. 310 (2006); Tri-Nel Management, Inc. v. Bd. of Health of Barnstable, 433 Mass. 217 (2001); Take Five Vending, Ltd. v. Torun ofProvincetown, 415 Mass. 701 (1993). Massachusetts is not alone in this regard. Courts nationwide have addressed constitutional challenges to health regulations and found them to be constithrtional. See American Lithuanian Naturalization Club, supra; Plescia v. Prince George's County, 2008 WL 8218099 (Md.Cir.Ct.) (Trial Order) (where, in 2008, a county ordinance in Maryland that prohibited the sale of cigars in packages of less than five was challenged in court on four grounds: (1) Violation of the Home Rule Amendment to the State Constitution; (2) Preemption under Maryland law; (3) Violation of due process rights; and (4) Denial of equal protection under the laws; all of these arguments were rejected by the trial court in its decision upholding the ordinance as a lawfirl exercise of authority). Ultimately, we remain of the opinion that the passage of such a regulation would be authorized by Massachusetts General Laws, and would also be constitutional under the Massachusetts and United States Constitution.Nevertheless, the status quo has not changed since the Board last reviewed this issue. Courts have still not weighed in on the issue and municipalities on Cape have been slow to adopt"under 21" regulations. Thus, in weighing its decision as to whether to pass the regulation at this time, the risk benefit analysis rernains the same. Although preventing young persons under the age of 21 from purchasing cigarettes is undoubtedly a benefit to the public health, the benefit is somewhat limited at present because neighboring towns have yet to raise the minimum age for purchasing tobacco products, and therefore Brewster youth can still purchase cigarettes relatively easily. Moreover, because the Courts have yet to weigh in on the issue, we cannot say the situation has changed since the last time the Board reviewed the matter and decided to wait to see whether similar regulations would be upheld on constitutional grounds, or until adjacent municipalities pass similar regulations. Nancy Ellis Ice May 18, 2015 Page 3 This concludes our update regarding this issue. Please do not hesitate to contact me should you have any further questions. Thank you. Sincerely, 1 Sarah A. Turano-Flores cc: Lemuel Skidmore, Chair, Board of Health Charles L. Sumner, Town Administrator Board of Health Board of Selectmen 2803414.3 LOCALITIES THAT HAVE RAISED THE MINIMUM LEGAL SALE AGE y ,► ' FOR TOBACCO PRODUCTS TO 21 As of April 24, 2015, at least 64 localities in 7 states have raised the minimum legal sale age for tobacco products to 21. 1 Healdsburg CA 33 Montague MA 2 Hawaii County HI 34 Needham MA 3 Evanston IL 35 Newton MA 4 Acton MA 36 Norwood MA 5 Andover MA 37 Reading MA 6 Arlington MA 38 Salem MA 7 Ashland MA 39 Saugus MA 8 Belmont MA 40 Scituate MA 9 Braintree MA 41 Sharon MA 10 Bridgewater MA 42 Sherborn MA 11 Brimfield MA 43 Southboro MA 12 Brookline MA 44 South Hadley MA 13 Cambridge MA 45 Stoneham MA 14 Canton MA 46 Wakefield MA 15 Concord MA 47 Waltham MA 16 Dedham MA 48 Watertown MA 17 Dover MA 49 Wayland MA 18 Duxbury MA 50 Wellesley MA 19 Foxboro MA 51 Westford MA 20 Framingham MA 52 Westwood MA 21 Greenfield MA 53 Winchester MA 22 Hatfield MA 54 Yarmouth MA 23 Hudson MA 55 Columbia MO 24 Hull MA 56 Bogota NJ 25 Lanesborough MA 57 Englewood NJ 26 Lawrence MA 58 Sayreville NJ 27 Leverett MA 59 Teaneck NJ 28 Lincoln MA 60 Princeton NJ 29 Malden MA 61 Highland Park NJ 30 Medway MA 62 Garfield NJ 31 Melrose MA 63 New York City NY 32 Milton MA 64 Suffolk County NY 1400 1 Street NW• Suite 1200 • Washington, DC 20005 Phone (202) 296-5469 • Fax(202) 296-5427 • www.tobaccafreekids.org CL5 Jim and Suzanne Bergeron 61The Tides Court Brewster, MA 02631 i. Cell phone:410.913.0973 Email address: iI)ergerai7@ft.newyorklife.corrn May 18, 2015 Mr.James Mahala Massachusetts DEP Southeast Regional Office 20 Riverside Drive, Lakeville, MA 02347 Dear Mr. Mahala: As homeowners whose property abuts the Breakwater-Landing parking lot, we would like to express our opposition to the proposed artificial dune construction on that site. Over the past S years of property ownership we have seen storms come and go each year. Sometimes there is a lot of beach erosion and sometimes the parking lot has held up with little help from the Town. It does not seem that the construction of this artificial dune will have much lasting effect improving the current size and enjoyment of the public beach at Breakwater Landing. What we do see as a result of the addition of this dune is a severely limited access to the Bay view being enjoyed by many year round Town residents who drive to the Landing in all sorts of weather to view the Bay while they eat their breakfast or lunch or just have their morning coffee from the warmth and protection of their vehicles.These include tradesmen, residents living inland from the Bay and elderly retirees with limited mobility. It would be a shame for these people to lose this enjoyment on the hope that beach erosion will be significantly changed from what it is now.There is no proof that this resiliency project will be better than what we have now. The local bylaw is supposed to promote "aesthetics"defined as"the natural scenery and appearance of any resource area visually accessible to the public."The public comment was to the effect that beach visitation by vehicle was an activity long enjoyed by people of the Town, including those who are challenged; the local bylaw is supposed to promote historic values. Historically, those people with limited mobility have enjoyed the right to view the beach and Bay at Breakwater parking lot.The construction of this artificial dune will change all that. Because there are no guarantees that this will solve the erosion probiems and it has been stated that the new dune will have to be maintained,to what extent and additional cost remains unknown,we question the need to move forward with this project at all. Thank you for considering our objections. Respectively yours, Jirh and Suzanne Berger n Cc: Chris Miller Conservation Commission Board of Selectmen Duane P Landreth, Esq. i I � 1 9.,wuu:ur,;=eyoi IO ! OFFICE aF Z'OV�N OF BREW STAR r� BUILDING DEPARTMENT o ." .*is 2t98 MAIN STREET .t BREWSTER,MA 02631 ve- = go PHONE:(508)896-3701 EXT 1125 FAX:(508)896-8089 .'11, li'll'IV,BREII'STER-MA.GOV "1 4%"4 "1 �rmne,w�e May 20, 2015 Mr, Joel L. Richards, Trustee Caliber Mortgage Company Cordins Trust Customer Service 6114 LaSalle Avenue #494 13801 Wireless Way Oakland, CA 94611 Oklahoma City, OK 73134 Re: 19 Muskrat Lane, Identified on Assessors Map 103 Lot 9 (Former Map 9 Lot 3) Dear Mr, Richards: On February 3, 2015 1 sent you an order pursuant to Massachusetts State Building Code Section 116 to make the building, located on your property noted above, safe by removing the severely damaged portion and securing the remainder of the building, To date you have taken no corrective action relative to your damaged property and therefore I must consider this a refusal to act upon the February 3, 2015 order to make this building safe. Accordingly I have appointed a Board of Survey pursuant to Massachusetts General Law Chapter 143 Section 8 to conduct a survey of your property noted above and to develop a written report of their findings. Attached please find a copy of the Board of Survey's report on the remains of the building on your property noted above. After a detailed analysis of the precarious nature of the remainder of this building relative in its location to a public beach and abutting properties, the Board of Survey recommends the immediate and complete removal of this building. Based upon this report I hereby order you to cause the complete demolition of this building, remove all resulting debris and bring this lot to a level and uniform grade. This so ordered work shall be completed by May 29, 2015 or action will be initiated as described in Massachusetts General Law Chapter 143 Section 9. If the Town of Brewster takes action to demolish this unsafe building the costs and charges incurred shall constitute a debt due the Town of Brewster. Furthermore, if you fail to act by the May 29, 2015 date you may be levied fines as outlined in both Massachusetts General Law Chapter 143 Section 9 and the Brewster Zoning Bylaw Article X. Person(s) performing the demolition work shall obtain a demolition permit from the Building Department and receive work authority from the Brewster Conservation Commission. The contact person for the Conservation Commission is James Gallagher, Conservation Administrator at 508-896-3701 Ext. 1124 and jgallagher@ brewster-ma.gov. I would urge you to take corrective action prior to May 29, 2015 for the sake of public safety. Sinc rely, Victor E. Staley Building Commissioner Enclosure Sent via Regular and Certified Mail cc: Board of Selectmen Jim Gallagher, Conservation Administrator Charles Sumner, Town Administrator Chris Miller, Natural Resources Director Robert Moran, Fire Chief g W Brewster Fire Department "eP wl8, , 0_1101Z ior .Q 1657 Main Street �^ Brewster, MA 02631 Phone 508-896-7018 Fax 50$-8960-5-yV��i Rvone�� � 11///1;11111f1f31:ltilP�� TO: Building Commissioner Victor Staley FROM; Fire Chief Moran DATE: May 11, 2615 ' RE: 19 Muskrat Lane Parcel ID 163-9-0 B�UI 1LDM rr ART On April 29, 2015 1 visited the above identified property as a member of the Brewster Board of Survey to determine the structural stability of the dwelling and existing hazardous conditions at the property. Other individuals present included Building Commissioner Victor Staley, Fire Prevention Captain Peter Rubel, Brewster resident Elbert Ulshoeffer (Board of Survey member) and Don Poole a licensed surveyor and Board of Survey member. As the chosen Chairman I am submitting the following report on the conditions found. Introduction The structure in question is a one-story wood frame private dwelling constructed in 1965 on a coastal dune on Cape Cod Bay. The foundation and first floor is constructed of concrete. The first floor and roof is legacy type wood frame construction. The interior walls are covered by sheetrock. There is no basement. A one-story wood frame "annex" building constructed in 1977 is attached to the main structure by a wood frame portico. Findings Over the past several years extensive beach erosion from acute winter storms has resulted in significant damage including the substantial loss of sand to the coastal dune on which the building sits. This has caused the north facing concrete foundation and first floor to collapse leaving the wood frame walls, supporting structural members, and roof in a "free standing" or cantilevered position above the beach. The remainder of the main dwelling(approximately 50%) is open to the elements and unsecured. Additional existing hazards at the site include broken glass, broken windows, and debris including furniture present on the interior of the structure. Based on the site survey it is apparent the structural stability of the main building and annex along with the other identified hazards have created and support an extremely dangerous community safety and liability issue that requires immediate remedy. Other site findings include: * The property lies totally within the Special Flood Hazard Zone VE (Elevation = 15) and the marsh/swamp directly to the south is Zone AE (Elevation = 13). VE Zones are described as "Areas subject to inundation by the 1 percent annual chance flood event with additional hazards due to storm induced velocity wave action". It is typical that structures built within a VE zone be elevated above the potential storm surge -10 elevation. Research into this particular lot shows that the slab elevation of the structure is below the VE elevation of 15. See FEMA FIRM panel 418 of 875, Barnstable County MA, Brewster#25003 0418 J. ® AE Zones are describes as "Areas subject to inundation by the 1 percent annual chance flood event." This indicates that the property not only lies completely within a VE Zone, but is virtually surrounded by flood plains. Based on the structures northern exposure to Cape Cod Bay it is certain future storms will cause further damage to the structure, foundation, and surrounding property. ® The structure is built on a coastal dune. Coastal dunes, by their nature and migratory geological events move and are an unstable base for any dwelling. ® Utilities including electric, septic, and plumbing are non-functioning. ® Evidence found at the site shows intrusion of interior of the structure by pedestrian traffic and other unknown occupants. 4 Due to storm erosion the septic system located just east of the structure is exposed creating a secondary hazardous condition. Recommendation It is the opinion of this Board of Survey that any additional erosion, wind damage, storm surges, and water intrusion that occur on or in the property will cause further damage to the dwelling including the total collapse of the main structure and attached annex. It is certain that this additional collapse will result in the spread of a debris field onto the beach and into Cape Cod Bay which will seriously compromise public safety on land and in the adjacent navigable waters. In addition, the current unsecured condition of the structure offers easy entry and use by pedestrians which significantly enhances the potential for further destruction of property, increases the likelihood of injuries, and escalates the probability of a fire or other serious event occurring at the site. Based on the above noted facts and the technical expertise and experience of this Board of Survey it is our opinion that the seriously compromised condition of the structure poses a significant safety hazard and liability issue for the Town of Brewster and surrounding abutters and therefore recommend the immediate razing and removal of the structure. The Commonwealth of Massachusetts Hf,rnnisnk� Office of the Collector of Taxes �Qsws�r O� �# * Number: 8723 Town of Brewster : '+.6 � 5/12/2015 Municipal Lien Certificate a V Orlans Moran P. O. Box 5041 1,14, KI, n ,,tt Troy,M1 48007-5041 %Wflulu/ I Certify from available information that all taxes,assessments, and charges, now payable that constitute liens as of the date of this certificate on the Darcel of real estate specified in vour application received on 5/7/2015 are listed below: DESCRIPTION OF PROPERTY Parcel Identifier 103-9-0 Assessed Owner RICHARDS JOEL L TRUSTEE Account 8917 Additional Owner CORDIUS TRUST Location of Property 19 MUSKRAT LANE Supposed Present Owner Legal Reference Book 24454 Acreage 30400 Square Feet Page 234 Deed Date 3/31/2010 VALUATION FY Residential Rate1 Open Space Rate 2 Commercial Rate 3 Industrial Rate 4 Exempt 2015 1,465,700 8.26 0 0.00 0 8.26 0 8.26 0 ASSESSMENT 2015 1st 2015 2nd FY 2014 FY 2013 Half Half Actual Tax $6,053.34 $6,053.34 $12,027.05 $11,628.94 Actual Other Land Tax $181.60 $181.60 $360.81 $348.87 Road Bett $914.67 $914.67 $914.67 Road Bett CI $503.07 $548.80 $594.53 Water Lien $283.69 Water Chg $50.00 Interest To Date $639.89 $98.05 $2,763.75 $0.00 Charges and Fees $20.00 $20.00 Credits $13,507.01 Interest Credit $557.14 Per Diem $2.94 $2.39 $5.44 $0.00 Balance Due $8,292.57 $6,332.99 $16,968.77 $0.00 Property Tax Interest Per Diem $10.77 Committed Tax Balance $31,594.33 Interest from October 1st to be added to any Apportioned Betterment(Call 508-896-3701 x1137 for payoff) ROAD BETTERMENT BALANCE $9146.65 Please contact Brewster Water Department @(508) 896-5454 for outstanding Water Bills. Real Estate Taxes subject to the Community Preservation Act under MGL CH44b 1st Half Real Estate Tax Due 11/5114 and 2nd Half Tax Due 5/1/15 All of the amounts listed above are to be paid to the Collector. I have no knowledge of any other lien outstanding. INFORMATION ON THIS CERTIFICATE IS COMPLETE AbOF 5/1212015 _-V 4, Lisa L.Vitale Collector of Taxes ORI ANS I MORAiN PO 130x,-011 lr,>,:i`hc1��s;an •I£i0p?-i(Sq! ORLANS ( MORAN --' [= --.0 Office of the Tax Collector Town of Brewster V ` 2198 Main St / Brewster,MA 02631 April 28,20 5 RE: state of DonaE ummerfeld;Elizabeth KuEnmerfeld l9 Muskrat Lane,Brewster, MA 02631 Dear Sir or Madam: This is to request that your office prepare a Municipal Lien Certificate witl espect to the foreclosure proceedings of property owned by Donald Kummerfeld and lizabe KmFeld at 19 Muskrat Lane, Brewster,MA 02631.This property is located at Parcel JA 7r-0. Enclosed please fund our check in the amount of$25.00 to cover the fee for the Cei-tificate together with a self-addressed, stamped envelope for forwarding to our office. Should you have any questions regarding this matter,please do not hesitate to call.Kk n Very truly yours,nA �s 11� 1 J �r Arthur Roselle Enclosures } V 14-016972 f `� a s� � a 3 � Public Notices Page 1 of 1 (SEAL) COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT (SEAL) COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT 001710 ORDER OF NOTICE TO: Joel L. Richards as Trustee of Cordius Trust and to all persons entitled to the benefit of the Servicemembers Civil Relief Act:, 50 U.S.C. App, §501 et seq.: U.S. Bank Trust, N.A., as Trustee for LSF8 Master Participation Trust, claiming to have an Interest in a Mortgage covering real property in Brewster, numbered 19 Muskrat Lane, given by Donald Kummerfeld and Elizabeth Kummerfeld to Town and Country Credit Corp., dated March 25, 2004, and recorded with the Barnstable County Registry of Deeds in Book 18388, Page 337, and now held by plaintiff by assignment, has/have filed with this court a complaint for determination of Defendant's/Defendants' Servicemembers status. If you now are, or recently have been, In the active military service of the United States of America, then you may be entitled to the benefits of the Servicemembers Civil Relief Act, If you object to a foreclosure of the above-mentioned property on that basis, then you or your attorney must file a written appearance and answer in this court at Three Pemberton Square, Boston, MA 02108 on or before June 1, 2015 or you will be forever barred from claiming that you are entitled to the benefits of said Act. Witness, JUDITH C. CUTLER Chief Justice of this Court on April 16, 2015 Attest: Deborah J. Patterson Recorder 5/2/15 Appeared in: Cape Cort Times on Friday, 05/01/2015 Back http://ma.myptiblicnotices.coii/PtiblicNotice.asp?Page=PLiblieNoticePriiit&AdID=3805459 5/22/2015 l"t A ri12015 ��� PENSION 1tESL'RVES p INVESTMENT PRIM Board Update �, ��N�,�. :.r�1t:Ni I�(lAltia i Massachusetts Pension Reserves Investment Management Board Market Snapshot for April 2015 Economic data was mostly negative in April: U.S.Gross Long Treasury rates rose in April,driving prices down: Domestic Product(GDP) expanded at an annualized rate of 30-year yields rose 20 basis points(bps)to 2.74%;10-year 0.2% in 1Q15, versus 2.2% at the end of 2014, well below yields rose 11 bps to 2.03%,and 2-and 5-year yields were 1 economists' expectation of 1.0%. PMI's (Purchasing and 6 bps higher, respectively. (Price and yield move in the Managers Index) fell across the globe (Japan, China, Euro opposite direction.) I are), while US PM1 remained unchanged at 51.5. Consumer The 20+ Year STRIPS Index returned -S.6% in April, 3 confidence fell to 95.2 in April versus 101.4 last month.The however, since PRIM's initial funding in April of 2014, the Conference Board Leading Economic index (LEI) attributed 20+ Year STRIPS portfolio returned 27%, while the Barclays this decline to underwhelming performance of the labor Capital Aggregate Bond Index returned 4.5%over the same market and a bearish short-term outlook by investors. period. Recent STRIPS underperformance may be due to Unemployment remained unchanged at 5.5%, as jobless profit taking and a reversal of January rally because of the claims in the U.S. fell by 34,000 to 262,000,the lowest level oil selloff. Another reason may be, as the Fed reiterates its in 15 years. Nonfarm payrolls increased by 126,000 in April, desire to be patient and data-dependent in rising but far below the expected increase of 245,000 and the 12- interrelate rates, investors are shifting into other risky month average of 269,000. The Federal Reserve attributed assets within fixed at the expense of long treasuries, the slow economic growth through the winter to transitory High yield bonds gained 1.2%in April, while investment factors, and reiterated that any interest rate hikes would grade credit posted -0.6% for the month. U.S. Dollar continue to be data dependent. denominated emerging market debt (EMD) gained 2.0% in U.S. equities were mixed in April. Large capitalization April, as spread tightening more than offset the movement stocks (large caps)were up almost 1%, outperforming small in Treasury rates. EMD local was the top performing fixed caps, which returned -2.6%. Oil prices surged to $59.63 a income asset in April, up 2.9%. barrel (up 25% in April), as U.S. oil inventories rose lower than expected and uncertainty surrounding the U.S.-Iran 1PRIT FUND ASSETS, $62,342,158,0001 nuclear deal continued to support higher prices. The U.S. dollar (USD) stabilized in April, remaining flat versus major PRIT Core Fund Recap-April 30,2015 currencies. .' -�` �. y "ta Aa,�__.r�W°.3a �fii... Developed International Equities rose 4.2%in April due ,PRtT core Total 1.01% 3.73% 8.63% to positive economic data out of the Eurozone and U.S Equityn WWW W 0.23% 2,08% 12,01% promising corporate earnings. Japanese equities gamed International Equity /0 4.23% 9.49 3._01% o 0 3.5% in April, as shares continued to benefit from the Bank W Emerging Markets Equity 6.9590 733% 6.03% Core Fixed of Japan's BOJ quantities easingQE policies, and ^Public Value nAdded F**come 2.16% 1,00% 60% 10.32/oF economic reforms focusingon shareholder value and return Total Value Added Fl 1.68% 1.69/0 1.23/0 of equity. Pnvate _. .. . Equity M7% 3.99% 13.99% Emerging Markets (EM) Equities rose 7.7% in April, as Core Real Estate -0.03% 3,30% 13 38% Brazilian equities rallied, up 16.8%, and the nation's Timber/Natural Resources -M1.61s%___..-0.04% _ i.80% � currency (the Real) appreciated 6.6%. Russian equities Hedge Funds(net) -0.09 % 3.03% 5.7i% soared 17.3%, as oil prices rose meaningfully and the Ruble Portfolio Com_pletio_n Strat.(net) -6.09% -2,24% N/A appreciated 12.7%. The Chinese bull market run continued, Returns are gro1.ss of fees unless otherwise noted. Timber/-Natural up 47.8 in the last year, as shares rose 16.7%in April. State Resources, Total Value-Added Fixed Income, and Portfolio Completion -owned firms continued to benefit from monetary and Strategies sleeves are currently not available through Segmentation; however,the Public Value Added Fixed Income sleeve Is available as of fiscal stimulus aimed at slashing rates. April 1, 2013. **Total Value-Added Fl Includes return of Public Value- Added FI. Private Equity Is available to Segmented Systems through the Vintage Year Program. 9 imm i ► ► I PRIT Core Fund as of 4/30/2015 1 WRIT Core(gross of fees) ElTotal Core Benchmark FrA on-tN CYT 1-Yea • ►r 0.96% 1.92% 12.98% 12.0% Its • -2.94% 3.49% 14.65% 11,2_% 11 r -2.14% -0.20% 4.899/o t r -2.08% 5,20% 15.54% 10.0% 9.9% r t -1.75% 3.33% 10.70% .3% - • r A.6% .2% 8.0% 7,70/ 75% • 4.38% 8.42% 1.11% 7.1% 7.68% 10.35% 8.43% 6.0% ;.0% -0.36% 1.24% 4.46% 1.4% a.2I o, • t -5.60% -0.37% 25.02% 4.0% 3.7% 1.20% 3.77% 2.58% i• • 1.97% 4,07% 4.50% r. 2.92% -1.16% -9.359/a 2.0% • 0.009/0 3.04% 11.82% •�. -1.54% 2.53% 10.74% 0.0% -- - - - - 0.529/o 3.06% 6.6090 Senior Client Service Officer Paul Todisco-(617)946-8423 ptodisco@mapension.com I Pension Reserves Investment Management Board 84 State Street,Suite 250 Deborah B.Goldberg,Treasurer and Receiver General,Ghair Boston,Massachusetts 02109 Michael G.Trotsky,CFA,Executive Director Town of Brewster State Retirees Benefits Trust Fund April 01,2015 to April 30,20I5 Month To Date Fiscal Year To Date Calendar Year To Date Your beginning net asset value for the period was: 1,228,644.02 1,161,457.11 1,197,768.66 Your change in investment value for the period was: 12,420.00 54,606.91 43,295.36 Your exchanges from(to)the Cash Fund for the period were: 0.00 25,000.00 0.00 Your ending net asset value for the period was: 1,241,064.02 1,24I,064.02 1,241,064.02 Net Chance in Investment Value represents the net change through investment activities as follows: Gross Investment Income: 3,047.03 23,535.57 9,869.80 Less Management I=: (147.81) (5,203.49) (1.753.43) Net Investment Income: 2,899.22 18,632.08 8,116.37 Net Fund Unrealized Gaias/Losses: 4,432.72 (4,632.75) 16,893.28 Net Fund Realized Gains/Losses: 5,OS8.06 40,607.58 18.285.71 Net Change in Investment Value as Above: 12,420.00 54,606.9I 43,295-36 As of April 30,2015 the net asset value of your investment in the SRBT Fund was: $1,241,064.02 If you have any questions regarding your statement,please contact your Senior Client Services Officer Paul Todisco(617)946-8423. A detailed statement ofyour account is attached to this summary sheet. L, Pension Reserves Investment Management Board 84 State Street,Suite 250 Deborah B.Goldberg,Treasurer and Receiver General,Chair Boston,Massachusetts 02109 Michael G.Trotsky,CFA,Executive Director Town of Brewster Cash Investment April 01,2015 to April 30,2015 Month To Date Fiscal Year To Date Calendar Year To Date Your beginning net asset value for the period was: 0.00 0.00 0.00 Your investment income for the period was: 0.00 0.00 0.00 Your total contributions for the period were: 0.00 25,000.00 0.00 Your total redemptions for the period were: 0.00 0.00 0.00 Your total exchanges for the period were: 0.00 (25,000,00) 0.00 Your state appropriations for the period were: 0.00 0.00 0.00 Your ending net asset value for the period was: 0.00 0.00 0.00 As of April 30,2015 the net asset value of your investment in the Cash Fund was: 50.00 If you have any questions regarding your statement,please contact your Senior Client Services Officer Paul Todisco(617)946-8423. .4 detailed statement ojv0ur account is attached to this summary sheet. Pension Reserves Investment Management Board 84 State Street,Suite 250 Deborah B.Goldberg,Treasurer and Receiver General,Chair Boston,Massachusetts 02109 Michael G.Trotsky,CFA,Executive Director PHTF90200002 Town of Brewster Commonwealth Of Massachusetts Investment.Detail SRBT-BREWSTER 04130/2015 Investments Units Of Participation Cost Price Market Value Unrealized GainlLoss 8,360.437 HCST OPEB MASTER TRUST 1,223,949.07 148.4449 1,241,064.02 17,114.95 Total Investment: 1,223,949.07 1,241,064.02 17,114.95 �L\ Pension Reserves Investment Management Board 84 State Street,Suite 250 Deborah B.Goldberg,Treasurer and Receiver General,Chair Boston,Massachusetts 02109 Michael G.Trotsky,CFA,Executive Director PHTF90200002 Town of Brewster Commonwealth Of Massachusetts Statement of Chance In Net Assets SRBT-BREWSTER 04/30/2015 Current Period Fiscal Year Year To Date 04/01/2015 04/30/2015 07/01/2014 04/30/2015 01/01/2015 0413012015 NET ASSETS-BEGINNING OF PERIOD 1,228,644.02 1,161,457.11 1,197,768.66 DISBURSEMENTS: CASH FUND EXCHANGES 0.00 25,000,00 0.00 RECEIPTS: CONTRIBUTIONS: PARTICIPANTS 0.00 25,000.00 0.00 INVESTMENT INCOME: UNREALIZED GAIN/LOSS-INVESTMENT 4,432.72 -4,632.75 16,893.28 MASTER TRUST ALLOCATED EXPENSES -31.98 -919-06 -320.54 MASTER TRUST CHANGE IN REALIZED GIL 5,088.06 40,607.58 18,285.71 MASTER TRUST INVESTMENT INCOME 3,047.03 23,835.57 9,869.80 MT ALL INVESTMENT MANAGER FEES -115.83 -4,284.43 -1,432.89 UNIT EXCHANGES 0.00 25,000.00 0.00 Total Receipts 12,420.00 104,606.91 43,295.36 Total Disbursements: 0.00 25,000.00 0.00 Net Assets-End of Period: 1,241,064.02 1,241,064.02 1,241,064.02 STATEMENT EXPLANATION Below you will find a description of each item posted to your statement_ CAPITAL ACCOUNT Summary of Account Activity; A summary statement produced for your investment in the State Retiree Benefits Trust Fund(SRBTF)includes both month-to- date and fiscal year-to-date information.This statement is also furnished to the Public Employee Retirement Administration Commission(PERAC). Your beginning net asset value for the period: The total balance of your investment as of the opening date of the statement period. Your chance in investment value for the period: The total increase or decrease in your investment includes net investment income,realized gains or losses.and unrealized gains or losses. Your total exchanges from(to)cash fund: Movement of funds occurring on the first business day of each month between your Cash Fund and Capita[Account(SRBTF)- Your ending net asset value for the period: The total balance of your investment as of the closing date of the statement period. Gross investment income: Represents your allocable share of the SRBTF's income associated with securities and other investments(i.c.real estate),except for realized and unrealized gains or losses.It is principally interest,dividends,real estate income,and private equity income. Management fees: Represents your allocable share of the SRBTF's expenses related to PRIM's investment advisors,consultants,custodian and operations expenses. Net investment income: Represents your allocable share of the SRBTF's gross investment income.less Management Fees. Net fund unrealized gains/losses: Represents your allocable share of the SRBTF's increase or decrease in value,attributed to a change in value of securities or other investments held in the PRIT Fund.relative to original cost.These gains or losses are unrealized"because the investments have not yet been sold. Net fund realized gains/losscs: Represents your allocable share of the SRBTF's increase or decrease in value attributed to the PRIT Fund's sale of securities or other investments(i.e.real estate property).Whether you"realize"a gain or loss depends upon the price at which the investment was sold in relation to its original purchase price. CASH FUND Your beginning net asset value for the period: The total balance of your investment as of the opening date of the statement period. Your investment income for the period: Interest earned for the period. Your total contributions for the period: Sum of all funds(i.e.wires and/or checks)sent into your SRBTF account during the statement period.Cash contributed any day during the month except the first business day will remain in your Cash Fund until the first business day of the following month,when it will then be exchanged into the General Allocation Account(SRBTF). Your total redemptions for the period: Sum of all funds sent by wire from the PRIT Fund's custodian bank to your government entity during the statement period_A redemption made be made at any time throughout the month as long as your Cash Fund balance equals or exceeds the amount you wish to redeem. Your ending net asset value for the period: The total balance of your investment as of the closing date of the statement period. If you have any questions about this statement,please call your Senior Client Service Officer, Paul Todisco(617) 946-8423. Department o eterans e ces w5 p f S rv� 0arnsta6lg Bourne,Brewster,Cfiatlatn, Dem s,Eastram,?fant cr,Riasfipee, � Orfeans,rProvincetoiurg Sand[vicr,Tnrro,lVare&arn,'Wellfleet,and Yarnoutl District P.O.Box 429,Hyamsis,MA 02601-0429 TEL.(508)778-8740 or 1-888-778-8701 FAX(508)778-8745 EDWARD F.MERIGAN SCOTT F.DUTRA Director and Service Officer Assistant Director and Service Officer District Department of Veterans' Services FY-2016 District Assessment May 13, 2015 Lisa Souve, Town Accountant Town of Brewster 2198 Main Street Brewster,MA 02631 Dear Ms. Souve: The District Department of Veterans' Services held their Annual Meeting on January 15, 2015 and the Board approved the amount of$480,216.71 as the FY 2016 Administrative budget. Based on the Department of Revenue's equalized valuation, the Town of Brewster's share is 5.11%. The Town of Brewster's FY 2016 District Assessment is $ 24,539.07 Please remit by July 1, 2015 the amount of$ 24,539.07 . If you have any questions please do not hesitate to call me at 508-778-8740. Sincerely yours, Edward . N rigan Director and Service Officer cc: Charles Sumner, Town Administrator Lisa Vitale, Town Treasurer Recycling Commission April 23, 2015 Present: Chairman Morris; Chris Miller- Interim DPW Director; DPW Foreman James Jones; TS Equipment Operator James DeWitt; Bill Barnstead- Member; Joe Prevost; Peter Johnson- Brewster Conservation Trust Liaison, John Cunningham-Vice Chairman-Member, Karen Halloran- DPW Administrator, Jillian Douglass-Assistant Town Administrator, Absent: Brenda Locke-Member; Anne Dugan, BOH Liaison 1. Chairman Morris called the meeting to order at 4:05pm. 2. Correspondence — None 3. Approval of Minutes- J Provost moved that the Commission vote to approve the minutes of the 3/12/15 meeting. J Cunningham seconded the motion. The Commission voted to accept them. 4. The Chair asked the Commission to take agenda item 7 " Preliminary review and discussion of Plastic Bag Ban concept and language" out of sequence. She directed members to the draft bylaw A Dugan had developed. She expressed a desire to have the Commission focus more on education and to talk more with Brewster businesses which would be directly affected by this ban. It was noted that there are so few retailers in Brewster, that perhaps the imposition's negative impacts and inconvenience would exceed the possible positive effects. C Miller noted that an alternative might be to have retailers voluntarily impose a $0.05/bag fee to customers who do not bring their own bags or containers for their purchases, This provides a bag deterrent, but still allows for convenience. P Johnson stated that he did not feel the draft or the concept are ready for presentation to the Fall 2015 Town Meeting, J Jones noted that Provincetown and Falmouth have implemented bag bans, but it is too early to tell how effective their programs have been. He asked how a ban would be enforced. Chairman Morris stated that it is currently envisioned that the Health Agent would enforce this. She noted that she liked the bag surcharge idea better. J Douglass stated that she does not support the concept of a bag ban, but noted that a per-bag charge was more consistent with the unit pricing concept of PAYT, 3 Cunningham stated that he did not support the draft as written and would prefer to allow the Town more time to fully absorb the PAYT experience, He noted that public opinion is still somewhat negative and "even if we pick the right time, there's a lot to this." Chairman Morris stated that she would let A Dugan know that the Commission does not support the draft as currently proposed. B Barnstead questioned whether it would be possible to "float the idea as a non-binding referendum". Chairman Morris stated that she felt More public hearings combined with outreach and education would reveal public opinion. It would also help to reveal the impact that this policy would have. 3 Jones noted that the shortage of PAYT bags at local retailers had sent a ripple of negative attitude towards PAYT. 3 Douglass noted that the shortage had occurred at 2 or 3 retailers, who had run out of certain sizes during February and March, She noted that the shortage may have been related to winter storm transportation problems rather than any process issues. She suggested that it may be a good time to ask Waste Zero to remind retailers to place orders now in advance of Memorial Day, in anticipation of seasonal population influx and Spring Clean-Ups, 5. PAYT Status/ Quarterly Updates — Chairman Morris noted that the Brewster Chamber had issued a PAYT update in their Newsletter. She noted that D Quinn had submitted a grant application for a Styrofoam Densifier for KAM Electric in Hyannis. She referred members to the draft quarterly report submitted by D Quinn and K Halloran. She asked members if they felt the BOS needed detailed info on bag sales. 3 Douglass noted that while the BOS probably doesn't, this info would be relevant to the Administrative staff in monitoring which of the 3 bag sizes sells most frequently, and at what volume, at which times of year. These numbers become an indicator of usage for year-round an seasonal households. Chairman Morris thought that the trash tonnage bar chart could be reduced. She also felt the entire report should be shortened and edited, 3 Cunningham indicated that a I-page summary would be best. Chairman Morris stated that she would work with D Quinn and bring the report back with her edits. B Barnstead asked if the marked reduction in volume would allow the DPW to reduce the TS/RC hours for winter 2016. C Miller stated that he felt safe recommending a trial closure on Mondays or Thursdays in January and February for 2016. J Jones noted that doing so would save a lot on electricity usage. C Miller noted that it would greatly save on the DPW's overtime. Chairman Morris asked if deliveries were being taken to Yarmouth yet. J Jones reported that Towns are not being allowed to just dump in Yarmouth; We are forced to leave our containers there and this makes it very difficult to schedule or plan. C Miller noted that C Sumner has been talking with COVANTA. J Jones stated that the Town needs to know of an alternate back-up location. C Miller asked if having more containers would solve the problem. J Jones noted that may be a more costly solution to the Town than just hauling to a further location. 6. Status of discussion with CHAMPS House and Boy Scouts re: materials collected at the BRC by each group — J Douglass circulated copies of a memo, describing what was actually being requested, by whom, and the agreed upon solution. In summary, the 2 groups have agreed to return to the prior arrangement with the Scouts providing the collection building and all of the labor to sort the glass into toters provided by and pick-up by CHAMPS. The Scouts would re-coup $1.00 per toter, and CHAMPS would retain $2.60 per toter to cover their activities. J Douglass noted that she may ask the 2 entities to formally agree to accept the arrangement. P Johnson reported that the BCT has 2 Open Space purchases on the May 0' Town Meeting Warrant and is pursuing use of the Hay Property off Red Top Road as a new BCT office and nature center. 7. Liaison Reports — J Douglass reported that she had asked to schedule a meeting of the Swap Shop volunteers before they re-opened, but A Lasorsa said that most of the volunteers were away. He had scheduled his available staff to re-open April 1St. She stressed that she intended to schedule the meeting so that all interested parties (DPW, Swap Shop and Recycling Committee members) could all openly discuss procedures and preferences. J DeWitt stated that the yellow hoppers were weighing-in at about 500 to 700 pounds per month, or about 12 to 15 tons /year. J Provost stated that this indicates that the Swap Shop volunteers are accepting items that they shouldn't. J Douglass noted that given the volume of traffic and the level of activity she observed during the summer, it would be unreasonable to expect a single individual volunteer to be able to monitor all of the Swap Shop patrons. She felt that in order to monitor and control what is being dropped off, it would require multiple volunteers per shift to assist people. J Provost felt volunteers needed more training and willingness to turn items away. It was stressed that volunteers need to understand that acceptance of unusable items allows Swap Shop patrons to by- pass disposal costs and to push their disposal costs into Transfer Station over-head, driving up user-vehicle permit prices. J Douglass noted that while training is always useful, the sneer volume of traffic demands a greater level of staffing. It was suggested that Swap Shop hours be restricted to weekends only, to allow for better staffing. J Douglass noted that the popularity of the Swap Shop might just warrant more volunteers. J Provost stated that the Swap Shop had difficulty attracting and keeping volunteers. Members asked J Douglass to continue to press for a meeting and to notify them of the date. J Jones reported that the Integrated Paper Recycling's compactors are still on site. J Douglas stated that she had drafted a letter to be sent by certified mail asking them to remove the compactors within 30 days, J DeWitt suggested that the Commission should ask the Selectmen to issue free beach parking permits to the Commission's beach trash monitors, so that they can park at the beaches while monitoring trash. 8. Next Meeting — the next meeting was set for Thursday May 14L�', 2015 at 4:05pm at the DPW. 9. J Cunningham motioned to adjourn, seconded by Bill Barnstead and voted unanimously at 5: 27PM. Respectfully Submitted, Jillian Douglass Assistant Town Administrator Approved 4-Yes, 0-No, 1-Abstain 05.14.2015 May 15, 2015 Mr. James Mahala Mass DEP 20 Riverside Dr, Lakeville, Ma. 02347 Dear Mr. Mahala: I am writing to voice my strong opposition to the Breakwater Beach Resiliency Project in Brewster, Ma. I understand that there is a trend to put forward experimental storm management projects along the Massachusetts coast due to erosion issues. I feel that this is not the appropriate site for such an elaborate and experimental project. The reasons are many. First, this particular parking lot, compared to others in our town, does not need such a radical and extensive change, It is a long, deep parking lot that does not collect a lot of water during storms, and does not have extensive damage to the parking lot during our severe winters. The small dune and the fence that the town erected last year did a fine job this winter, and all that was needed after this severe winter was some moderate replenishing of the existing dune. Further down the beach to the east, each year, the neighbors spend thousands and thousands of dollars putting in steep, tall dunes, with new beach grass, and each winter the dune is completely wiped out, along with the beach grass. It proves futile to try to keep such a tall dune in place. This is an example of an artificial dune that just does not work. We believe that the same will happen at Breakwater Beach. The town has argued that there is needed storm water management at the parking lot because our shellfish are being polluted due to run off on the parking lot. In fact, our shellfish are being polluted due to a very large outfall pipe on the other side of the parking lot that spews water into the bay, every day, all year long. This collected water comes from the streets of Brewster, collecting water from fertilized yards, possibly septic run off, etc. We neighbors have called the Health Department for several years, asking them to help clean up this situation. He have had no help. In a public hearing, I queried the Natural Resource Dept. about the quality of the water in the outfall pipe, and was told that they did not know what the quality was. This seems to me a much larger public health and environmental threat than some small puddles that accumulate on the existing lot if and when we have an occasional storm. This project was mismanaged from the beginning. A contingent of the CZM awarded grant was that the town involve large public input. Instead, the town spent 15 months meeting with Horsley Whitten engineers, choosing one of three designs that Horlsey presented them. Fifteen months later, when they had their plans intact, they alerted the townspeople that we could have public input. By then the town had already spent $50,000 on their favored design, and throughout our public hearing meetings it was obvious that they had no intention of compromising with another plan. At one meeting, Anne, the Horsely Whitten engineer, gave a power point presentation to the townspeople, showing us the three initial designs she had offered the town. One of them called for widening the parking lot and saving a memorial park. She said it was a good and doable design. It was very much like the design that the neighbors all favor and would stili like to see built. However when it came time for the Selectmen to vote for or against the project, our Natural Resource Director decided to tell the Selectmen that it would not be possible to widen the lot, that his favored design was the only option available. Lastly, the towns favored design discriminates against the elderly who will not be able to enjoy the beach. The plans are to put in a summer wheelchair ramp only, and to build a huge dune that obstructs the water view that is enjoyed by many. This plan is geared toward the summer tourists and younger beach goers. Here on Cape Cod there is a large senior citizen population, and we are sure there could be a compromise so that erosion can be dealt with while keeping our beach accessible to all residents. We ask that you consider that there are other, better options to deal with environmental issues regarding this particular beach and parking lot. Sincerely, Beverly Biondi 86 The Tides Ct Brewster, Ma. 02631 cc: Chris Miller