HomeMy Public PortalAbout060313packetBrewster Conservation Day 2013
July 13, 2013, 10 am to 2 pm
Drummer Boy Park, Brewster
Bigger and better! Building on our first BCD, Brewster Conservation Day 2013 will be
a festival at Drummer Boy Park, with more interactive exhibits, kid’s activities, food
from local vendors, and a raffle with prizes from local businesses. Some of the
approximately 30 exhibitors, grouped by theme, will include:
Water: water conservation practices (Brewster Water Department),
promoting water quality (Comprehensive Water Planning Committee),
conservation landscaping, marsh monitoring by the Association to Preserve
Cape Cod (APCC).
Land: Brewster Conservation Trust, Garden Club, Master Gardeners,
Barnstable County compost demonstration, Orenda Wildlife Land Trust,
Recycling Committee
Energy: Brewster Chamber of Commerce - Green Inns, Sustainability , Cape
Light Compact, My Generation Solar panel demonstration
Education: International Fund for Animal Welfare (IFAW), Barnstable County
Coastal Explorer, Provincetown Center for Coastal Studies (PCCS), Cape Cod
Bird Club
•General exhibits and activities will include the Brewster Fire Department
ladder truck, the Brewster White Caps baseball throw, oyster rearing, and
the Windmill and historic facilities at Drummer Boy.
BCD will also include special speakers’ series on topics such as the history of the
Stony Brook valley, Brewster’s changing beaches, whale disentanglement, and shell
fishing on Cape Cod.
Publicity will be expanded from last year to include more and earlier
announcements in regional print and broadcast media, signs, posters, and electronic
announcements.
Sponsored by
The Brewster Conservation Trust
The Town of Brewster
REORGANIZATION
BOARD OF SELECTMEN
FY2013 FY2014
Chairman, Board of Selectmen D. Rabold J. Dickson
Vice-Chairman, Board of Selectmen J. Dickson J. Foley
Clerk, Board of Selectmen E. Lewis P. Hughes
Chairman, Appointments Committee E. Lewis P. Hughes
Chairman, Department of Public Works J. Foley
Chairman, Personnel Board E. Lewis
Vice Chairman, Personnel Board D. Rabold
All Access Citizens Committee J. Dickson
Agricultural Committee J. Foley
Barnstable County Energy Committee D. Rabold
Bikeways Committee J. Foley
Board of Appeals J. Foley
Board of Health J. Dickson
Board of Managers Septage Plant J. Foley
Brewster Housing Authority J. Dickson
Brewster Housing Partnership J. Foley
Building and Needs Assessment Committee E. Lewis
Cable Television Advisory Committee J. Foley
Chamber of Commerce/Board of Trade Liaison J. Foley
Community Preservation Committee P. Norton
Comprehensive Water Quality
Conservation Commission P. Norton
Reorganization BOS
Page 1 of 3
FY2013 FY2014
Council on Aging D. Rabold
County and State Government (includes County Expend) E. Lewis
Crosby Property Committee D. Rabold
Emergency Planning Committee P. Norton
Energy Committee D. Rabold
Finance Committee J. Dickson
Fire Department P. Norton
Golf Commission J. Foley
Housing Partnership D. Rabold
Human Services
Local Planning Committee (CCC) E. Lewis
Open Space Committee P. Norton
Pleasant Bay Alliance J. Dickson
Planning Board J. Dickson
Police Department P. Norton
Recreation Commission E. Lewis
Recycling Commission D. Rabold
Regional Transit Authority, County R. Jones
School Committees
Nauset Regional School Committee E. Lewis
Elementary Schools Committee/C. C. Tech P. Norton
Water Commission P. Norton
Reorganization BOS
Page 2 of 3
Water Quality Review Committee E. Lewis
Union Negotiating Team E. Lewis
D. Rabold
Reorganization BOS
Page 3 of 3
Town of Brewster
2198 Main Street
Brewster, MA 02631-1898
Phone: (508) 896-3701
Fax: (508) 896-8089
Office of:
Board of Selectmen
Town Administrator
MINUTES OF THE BOARD OF SELECTMEN REGULAR SESSION MEETING
DATE: May 13, 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, Chris Miller, Ben
deRuyter, Rich Eldred, Maureen Steinmann, Carol & Tom Edmondson, Jeff O’Dell, Elbert Ulshoeffer and
Annie Sherwood
Call to Order
Chairman Rabold called the meeting to order at 7:02 p.m.
Citizens Forum
Elbert Ulshoeffer recognized Selectman Lewis’ many years of service on the Board. Mr. Ulshoeffer is here to
talk about the issue with the Boy Scouts again because this is the Board that he brought this up to in its’ entirety
from the start. To date, there has been no action by the Board or as individuals on this issue and he believes that
something should be said. Sometime during the week of May 21st, the National Association of Boy Scouts will
make a declaration as to where they stand on the issue. A lot of agencies are sending letters. Mr. Ulshoeffer
believes it is a discriminatory policy and if this were an organization that discriminated based on race, they
would not be allowed to use the bottle redemption at the Transfer Station. Mr. Ulshoeffer would like to see the
Board have a public discourse on this issue and he wants his government to respond. After the 21st, The
National Association will either open up the organization to gay members or leave it up to local councils to
decide their own policy. Mr. Ulshoeffer believes the subject should be on a future agenda for discussion and
some action should be taken by the Board. Chairman Rabold said that as a Board, they were waiting for the
national determination then this Board will take the matter up. Mr. Ulshoeffer thinks the Board should make a
public declaration either way. If the National Organization leaves it up to the local councils; the Board really
needs to know what they will each do. Selectman Lewis stated that Mr. Ulshoeffer was absolutely correct that
the policy is wrong, but the problem is the local councils don’t necessarily endorse the policy and he doesn’t
want to penalize and hurt the local kids because of that. Selectman Foley agreed that it is a policy that is wrong
and does need to be addressed, but he does not believe the local groups endorse the policy. Selectman Dickson
agrees as well.
Discuss Appeal of Conservation Commission Decision, re: Captain Dunbar Road Revetment Proposal
Chairman Rabold explained that the Conservation Commission denied the revetment proposal. The Edmonsons
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and their neighbors and possibly the Town have 10 days to appeal. The Board did give the Capt. Dunbar group
support originally for the revetment proposal. Carol Edmonson thanked the Board for their support. The
Conservation Commission denial was a 4 to 1 vote. The Edmonsons and their neighbors will be filing an appeal
and hope that the Town will be part of the appeal and she is concerned about what will happen if failure of the
landing is not repaired. Mrs. Edmonson is worried about the importance of Ellis Landing as well as wanting to
protect their homes. Selectman Foley asked if there is a way to go forward and create protection for the homes
and for the public beach. He attended the Conservation Commission hearings and thought it was clear they were
going to vote against the proposed revetment. The eastside revetment is what is protecting the homes when the
winds change, if it is not re-built, the three houses will disappear, plus the property that Brewster Conservation
Trust owns and on the other side is Ocean Edge. Selectman Foley will support the appeal. Selectman Lewis
stated that it is difficult to go against another Town commission or committee that believe they are doing the
right thing and it is their area of judgement and ruling. He also believes that there is a possibility the same
erosion will happen in other beach areas as well. He is willing to support the appeal, but wants to find out what
the law stipulates. Selectman Norton asked for comments from Mr. Sumner and Chris Miller. Chris Miller said
there is a long history at this property. There was a similar situation at Paines Creek and the Town was not
allowed to build a revetment there. The MA DEP stipulates that you cannot build a full revetment except to save
a structure that was built before 1972. Mr. Miller does not think it is likely the MA DEP will bend on this.
He also believes that whatever the Town decides to do for improvements at the Town ramp will help the
neighbors. Mr. Sumner concurs and also explained that the nature of the decision has to do with the difference
between a coastal dune and a coastal bank. The Conservation Commission does not think this is a coastal bank.
Mr. Sumner was willing to test this based on the fact that the Edmonsons could prove it was a bank, but that did
not occur in the course of the hearings. Mr. Sumner believed the Board has to support the Conservation
Commission in their decision. Mr. Sumner also explained that if the Board joins in the appeal, The town will
have to have an attorney for the Board of Selectman and and an attorney for the Conservation Commission. Mr.
Sumner believes that we have gone as far as we can and should go in this case, but the neighbors can file an
appeal on their own. Chris Miller and Mr. Sumner explained that the Town has waited to do work at the
landing, pending the outcome of this case. The Town has to move on and file permits and create a solution for
the landing at Ellis. Selectman Norton said that based on the comments, he cannot support the appeal, but he is
empathetic to the homeowners situation. Selectman Dickson stated that he cannot support the appeal, but was
hoping for discussion of hard versus soft solutions so they can start with a new approach together. Chairman
Rabold said that he read the Conservation Commission decision twice and he couldn’t find an error in their
findings. He feels that they are correct in their decision and he cannot support an appeal to the decision. He
believes the homeowners should go through with their appeal and the Town will work on a solution for the
landing. Mr. Edmonson said he thought the Board was being misled by Mr. Sumner. He explained that if the
appeal goes to MA DEP, it goes with a clean slate. MA DEP does their own site visit and does not take into
consideration the findings of the Conservation Commission, they make their own decision based on facts they
collect. If the MA DEP ruled in their favor, then the Conservation Commission would then have to go to
Superior Court to uphold their decision against the DEP. Mrs. Edmonson feels that there were substantive errors
in the decision, but they will deal with it in their appeal. The Edmonsons are hoping for a ruling from DEP that
tells them what they can do to protect their home. Selectman Foley moved that the Board of Selectman file an
appeal with the Captain Dunbar residents and hire counsel to represent the Board and the Captain Dunbar
residents, Selectman Lewis second. The Board voted 2- Yes, 3- No.
Discuss Proposed Drummer Boy Park Regulations
Chairman Rabold explained that back in January when the Board discussed the appeal, the guidance they
received was to bring it to town meeting. Chairman Rabold believes that the majority of people at Town
Meeting did not want dogs off leash or in a fenced area at Drummer Boy Park. In order to continue the appeal,
the Board had to instruct Town Counsel to file which cost $300.00 and now they have 35 days to file a brief and
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they have to pay the lawyers to do that. Chairman Rabold believes that the Board should craft park regulations
as Park Superintendents, then drop the appeal. Chairman Rabold has crafted draft regulations for Drummer Boy
Park, which are similar to the beach regulations. There is a provision in there to have dogs on leash at Drummer
Boy, even though the leash law did not pass. Selectman Norton stated that it was premature to get into a
discussion about this while appeal is ongoing and Town Counsel is not here and he believes any regulations
have to be carefully crafted and should wait until there is a new board. Selectman Foley agrees with most of the
draft regulations, except he still thinks that there are more than a majority of people who do not want dogs at
Drummer Boy at all. Selectman Lewis said the Board has to do something; summer is coming and the new
Board will not be meeting until June, an appeal will take months and there are no regulations at Drummer Boy
and there will be dogs there all summer if nothing is done. He believes that the Board needs to ban dogs from
Memorial Day to Columbus Day and bring back the leash law at Fall Town Meeting. He believes that during
the appeal, the Board as park wardens can say no dogs there. Selectman Dickson said we do need to consider
regulations, but there are complicating factors and other Town properties should be considered as well. He
believes the Town Meeting vote was not to have any dogs at Drummer Boy. He believes that the Board needs to
do some work before issuing regulations and there should not be a vote tonight. Chairman Rabold feels that
Town Meeting made no real decision because they did not vote for anything in regards to dogs. The Board
could simply say no dogs at Drummer Boy Park and a judge would have allowed that over Board of Health
regulations about health concerns at one park. The Board needs to decide if they want to go forward with appeal
or not and spend money on litigation. There does not seem to be consensus on these proposed/draft regulations
and the Board will have to continue discussion. Selectman Lewis reiterated that he feels the Board has to make
some decision soon before the population doubles. Chairman Rabold said that we are back in the same place
they were a year ago and the Board should post rules at least for this season. Maureen Steinmann of Daisy Lane
asked that the Board please not undermine the Board of Health appeal. Her impression from Town Meeting was
that people do not want dogs at Drummer Boy.
Proclamation
Chairman Rabold read a proclamation for Selectman Ed Lewis for 16 years of volunteer service for the Town of
Brewster.
Review & Approve April 22, 2013 Regular Session Meeting Minutes & April 29, 2013 Executive Session
Minutes
Selectman Lewis moved to approve the regular session meeting minutes of April 22, 2013, Selectman Dickson
second. The Board voted 5-Yes, 0-No. Selectman Lewis moved to approve the executive session minutes of
April 29, 2013, Selectman Foley second. The Board voted 5-Yes, 0-No.
Action Items
Selectman Lewis moved to approve Action Items 1-6 as recommended by Administration, Selectman Dickson
second. The Board voted 5-Yes, 0-No.
FYI Items
None
Liaison Reports
Selectman Lewis went to the Cape Cod Selectmen’s Annual Association meeting in Nantucket. One of the
topics for discussion was residential exemptions for residents which they have adopted in Nantucket and
Barnstable. Selectman Lewis thinks this option should be put on a future agenda for discussion to see if it is
feasible in Brewster. Selectman Foley asked to refer this topic and data to Assessor, Dave Tately and his board
to look at before the end of the year. Mr. Sumner said that Mr. Tately is required by law to look at all options
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anyway and present them to the Board once a year.
Selectman Dickson thanked the Friends of the Captains golf course who ran a wonderful mother’s day brunch
over the weekend. Selectman Foley referred to an incident that took place before Town Meeting at the Finance
Committee meeting. There were some reports in the press and everyone is aware, but this is a difficult subject
to talk about. Selectman Foley thinks the Board of Selectmen should appear in front of the Planning Board for
review and rebuke of this behavior. The Board of Selectmen has a code of ethics which is reviewed every year
after elections and he believes it needs to be extended to other Boards, Committees and employees of the town.
Topics the Chair did not Reasonably Anticipate
none
Media Questions
none
Future Meetings
May 22, 2013 Re-Organization Meeting
Selectman Lewis moved to adjourn at 8:14pm, Selectman Norton second. The Board voted 5-Yes, 0-No.
Respectfully submitted,
Donna J. Kalinick
Administrative Assistant
Approved: _______________ Signed: _______________________________________
Date , Clerk of the Board of Selectman
Accompanying Documents in Packet: agenda, WPA-Form 5 Order of Conditions, suggested wording for park regulations, April 22,
2013 Regular Session Minutes, April 29, 2013 Executive Session Minutes, action items
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BREWSTER BOARD OF SELECTMEN
MEETING OF JUNE 3, 2013
ACTION ITEMS
1. Request to Buy Back Cemetery Plot – Mrs. I. Marie Sherman wishes to sell back one
plot at Brewster Memorial Cemetery, plot B01R4. She purchased the lot in March of 2002
for $550.00. The Town is required to ‘buy back’ any unwanted burial plots. After a meeting
with the Cemetery Commission and the Town Administrator it was determined that plots
purchased before April 11, 2011 would not be assessed an administration fee, therefore the
buyback price will be $550.00.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
2. Create a Gift Account – Keith Gauley is requesting that a Gift Account be created for
the Eddy School Playground. The Eddy School has started a School Store and the proceeds
of the sale of items, such as T-Shirts, mugs and sweatshirts will go towards the
playground.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
3. Request for Mulch from Transfer Station – Bob Williams of the Brewster Cemetery
Association is requesting 100 cubic yards of mulch from the supply at the Transfer Station
for use in the expansion project at the Cemetery on Lower Road. The Association is a non-
profit and is run by volunteers. The mulch would be picked up by MCE Dirtworks and
loaded into their trucks with assistance from the DPW.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
4. Request for One Day Liquor License – The Cape Cod Museum of Natural History is
requesting a one day liquor license for Tuesday June 18th from 4:30pm – 8:30pm. They are
hosting the American Red Cross Annual Membership Meeting. The cost of the license is
$35.00.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
5. Request for One Day Entertainment License – Sharon Morgan is requesting a one
day entertainment license for Saturday June 29th from 4:00pm – 10:00pm for her
daughter’s wedding reception being held outside at 14 Herring Brook Lane, the home of
Charles Sumner. The entertainment is amplified guitars.
ASSISTANT TOWN ADMINISTRATORS RECOMMENDATION
Recommend’s that the Board vote to approve this request.
June 3, 2013
Action Items
Page 1 of 2
6. Request for Permission to File Conservation Commission Notices of Intent – Staff
seeks permission to file with the Conservation Commission to extricate some portions of the
buried boardwalk at Crosby Beach and relocate them to Linnell, Breakwater and Mant’s
beaches to provide temporary (seasonal) wheel chair viewing access at those three beaches.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board vote to approve this request.
7. Declare Surplus Property – The IT Department has six black & white Brother printers
and one color printer that they would like declared surplus. Our intent is to sell the
printers on GovDeals.
ADMINISTRATIVE RECOMMENDATION
We recommend that the Board vote to approve this request
June 3, 2013
Action Items
Page 2 of 2
FYI ITEMS (MAIL) JUNE 3, 2013
A. Notice of Waiver of Transfer Station Fees for Volunteer Clean up at 528
Slough Road
B. Agenda for June 5, 2013 Assembly of Delegates Meeting
C. Notice of Gulf of Maine Council Award for Chris Miller
D. Memo from Paul Niedzwiecki, Cape Cod Commission, re; Water Quality
Management Plan Update
E. Letter to Selectmen from Terry Ryder, re; Stepping Down from the
Community Preservation Committee
F. March 19, 2013 Conservation Commission Meeting Minutes
G. Notice of PEG Access Payment from Comcast
H. Notice of Appointments to Finance Committee
I. Resignation Letter of Ben deRuyter from Finance Committee
J. Notice from Division of Marine Fisheries, re; Commercial Permit Conditions
on Harvesting of Oysters
K. Notice from the Department of Telecommunications & Cable for an October
16, 2013 Public Hearing on rates
L. Letter from Jean Stevens, re; Location for a Dog Park
M. Letter from MJ Turlington, re; Dog Park
FYI – June 3, 2013
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