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The Cape Codder
Legal Advertising Dept.
PLEASE PUBLISH THE FOLLOWING LEGAL ADVERTISEMENT IN THE
SEPTEMBER 13, 2013 EDITION OF THE CAPE CODDER
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LEGAL ADVERTISEMENT
TOWN OF BREWSTER
BOARD OF SELECTMEN
The Board of Selectmen for the Town of Brewster will hold a public hearing on
Monday, September 16, 2013 at 7:05 P.M. in the Brewster Town Offices, located at 2198
Main Street, Brewster, MA on the issue of allocating the local property tax levy among the
five (5) classes of real property and personal property, as set forth in Chapter 40, Section 56
of the Massachusetts General Laws for the Fiscal Year 2014. At this hearing the Board of
Assessors shall provide information and data relevant to making a decision on allocating the
tax burden, including fiscal effects of the available alternatives.
The public is welcome to ask questions and provide comment at this hearing.
Town of Brewster OFFICE OF:
2198 MAIN STREET BOARD OF ASSESSORS
BREWSTER, MASSACHUSETTS 02631-1898
(508) 896-3701
FAX (508) 896-8089
Brewster Police Department Page: 1
Incident Report 08/12/2013
Incident #: 13-9085-OF
Call #: 13-9085
Date/Time Reported: 08/12/2013 1357
Report Date/Time: 08/12/2013 1420
Status: Incident Open
Reporting Officer: Captain HEATH ELDREDGE
Approving Officer: Captain HEATH ELDREDGE
Signature: ______________________________
Signature: ______________________________
# SUSPECT(S) SEX RACE AGE SSN PHONE
1 PARKER, KYLE S M W 41 022-56-9171 617-999-9099
136 NUTLEY RD Apt. #6A
ORLEANS MA 02653-3264
Military Active Duty: N
BODY: NOT AVAIL. COMPLEXION: NOT AVAIL.
DOB: 05/13/1972 PLACE OF BIRTH: NOT AVAIL.
LICENSE NUMBER: MA S86975882 ETHNICITY: NOT HISPANIC
___________________________________________[CONTACT INFORMATION]_______________________________________________
Home Phone (Primary) 617-999-9099
Home Phone 508-896-3338
________________________________________________[APPEARANCE]___________________________________________________
GLASSES WORN: NO
TATTOOS: TAT OTH(TATTOO ON TORSO BACK)
# OFFENSE(S) ATTEMPTED TYPE
LOCATION TYPE: Commercial/Office Building
EL GUAPOS TAQUERIA
239 UNDERPASS RD
BREWSTER MA 02631
1 LIQUOR BUSINESS PRACTICES, UNLAWFUL N Ordinance
138/25 138 25
OCCURRED: 08/12/2013 1400
Brewster Police Department Page: 1
NARRATIVE FOR CAPTAIN HEATH J ELDREDGE
Ref: 13-9085-OF
Entered: 08/12/2013 @ 1424 Entry ID: HJE
Modified: 08/12/2013 @ 1437 Modified ID: HJE
Approved: 08/12/2013 @ 1437 Approval ID: HJE
On August 12, 2013, at approximately 1:45 p.m., I was driving by Guapo's at 239 Underpass Road when I
observed a possible liquor license violation. As I proceeded past the business I observed four individuals sitting at a
picnic table outside of the licensed area consuming what appeared to be alcoholic beverages (beer). I entered the
parking lot of the business and walked to the side of the building to get a closer look. I did observe the party of four
to be consuming Corona brand beers. The parties were all sitting at one of the picnic tables on the lower level,
away from the building. I went inside to look for the owner/manager Kyle Parker. Mr. Parker was not on location
at the time.
After looking for Mr. Parker, I went back outside and observed a party of two just sitting down at another
picnic table, in the same area, also carrying Corona brand beers. All parties appeared to be well over age 21, and
none appeared to be intoxicated or belligerent.
A visual inspection of the deck area, approved for alcohol possession/consumption showed no barrier or
signage preventing customers from taking alcoholic beverages off of the deck and down to the picnic area. The
deck has three access points; a ramp, and two sets of steps.
After leaving the restaurant, I returned to the police station and called Mr. Parker to advise him of my
findings. Mr. Parker stated that he had just left his business in Orleans and was en route to the business in Brewster
and that he would speak with the staff and "tighten things up." I advised Mr. Paker that a sign stating "No Alcohol
Beyond This Point" may be helpful in addressing similar issues going forward. Mr. Parker commented that he
thought they had a sign up, but that he would check into it.
Respectfully Submitted,
Heath J. Eldredge, Capt.
Captain Heath J. Eldredge
Brewster Police Department
BREWSTER RECYCLING CENTER
FEE SCHEDULE (2013 - 2014)
File - Copy of Copy of Fee Schedule per Rec Comm Rev 2013 8 29 13 Revision Date - 8/29/2013
RESIDENTIAL ITEM UNIT RATE COMMENTS
Household Trash/Garbage Must be in Yellow PAYT bags. Brewster Waste Only
Recycling: paper, cardboard,
glass / plastic / metal cans only No Charge with Vehicle Permit - Brewster Residents Only
Bulky Waste
Bulk/Handyman Demolition Debris Ton $150 $5 Minimum - aka "Bulky Waste", "C & D", or "Demo"
Carpet < 4ft x 6ft Include in Yellow PAYT bag
Carpet > 4ft x 6ft Ea $30 Place in Bulky Waste Bin
Mattresses, Box Springs, Sofas, Love Seats,
Upholstered Chairs Ea $20 Mattress + Box Spring = 2 Units
Yard Clean-up Materials Brewster Residential Sources Only
Brush
(Less than 12 inch diameter, 4 feet long, NO Stumps)
Auto load - $10;
Pickup truck or trailer load - $15;
One ton truck load - $20
Leaves/Grass/Yard Waste
(Rakeable material)
First three bags/barrels - FREE (4 bags or more in a car is $5);
Auto load - $5;
Pickup truck or trailer load - $10;
One ton truck load - $15
Manure (Vegetarian Animals Only)$15 per load minimum;
Loads larger than a pickup truck - $25
Scrap Metal
Scrap Metal Ton $100 $2 Minimum. Includes riding lawn mowers, tractors, etc.
Large Appliances Ea $20 Includes white goods, refrigerators, air conditioners, dehumidifiers, and all
Freon containing devices.
Small Gas Powered Yard Equipment Ea $10 Includes push lawn mowers, snow blowers, etc.
Bicycles, Grills Ea $5
Empty Propane Tanks Ea $1-$5 1 lb. = $1; more than 1 lb. = $5
Small Appliances Ea $2 Includes toasters, blenders, etc.
Small miscellaneous metal items Free Refer to gatekeeper. Includes empty paint or aerosol cans, hangers, etc.
Electronics
Console Television Sets Ea $20 All size consoles
Television Sets Ea $15 All sizes
Computer monitors, Computer CPUs,
Printers, Laptops, etc.Ea $10 All sizes
Microwaves Ea $5
Miscellaneous Electronics Items Ea $5 Includes stereo components, radios, VCR/DVD, etc.
Electronics Accessories Free Includes keyboards, cables, computer mice, etc.
Automotive Wastes
Tires up to 17 inch w/out Rim Ea $5 No Rim
Tires over 17 inch w/out Rim Ea $10 No Rim
Tires up to 17 inch w/Rim Ea $10 With Rim
Tires over 17 inch w/Rim Ea $15 With Rim
Auto Batteries Ea $2 All sizes
Waste Oil and/or Oil Filters No charge
Other See attendant or call before coming to the facility
Other Information/Fees
Non-Resident - One Day Pass Ea $10 Access only, Fees apply as shown above.
Non Operational Scale CY $15 Fee if scale is out of service
Use of Scale Ea $15 Use of scale for non-trash issue - weight of boat for example
All decisions of gate keeper are final.
REVISIONS
11-30-07 - Changed format to Portrait, Removed Sticker Information, Added comments to Brush, Added Microwave
Added Microwave Designation, Corrected Tire Size Description
12-01-07 - Clarified Lawn Mowers and Ride on Equipment under "Scrap Metal"
12-05-07 - Added One Day Pass under "Other", Minor formatting changes
12-07-07 - No changes made
01-23-08 - Added Water Heater - $10
03-31-08 - BoS Vote to Allow 3 Bags of Leaves/Grass/Yard waste for Free
Minor Formatting and Description for Carpet, Updated Revision History
11-04-10 - Corrected Minimum for Bulky Waste/Demo
7/13/11 - Recycling Commission format revision - single sheet
7/2/2013 - Format change to show file name and Rev Date
8/21/2013 - Changes to be recommended to BoS on 9/16/13
Household Garbage - comments changed to reflect PAYT start
Recycling - "Sticker" changed to "vehicle permit"
Bulk/Handyman Demo Debris - minor change in comments field
Mattresses, Box Springs, Sofas, Love Seats, Upholstered chairs - merged into 1 category - no change in fee
Carpet < 4'x6' - comments changed to reflect PAYT start
Brush - Fees changed to include 3 categories: autos, pickup trucks, and larger "one ton" trucks
Yard Waste/Leaves/Grass - Fees changed to include 3 categories: autos, pickup trucks, and larger "one ton" trucks
Manure - Fees increased to $15 per load minimum. $25 for larger trucks
Scrap Metal "Bulk Disposal" - Label and comments updated. No change to per ton fee. $2 minimum
White goods, refrigerators, air conditioners, etc. merged into 1 category - no change to fee
Small gas powered equipment - label and comments updated
Bicycles, Grills - merged into 1 category - no change to fees
Small appliances - added new category. $2 each
Small misc. metal items - fee reduced to "free" at discretion of gate keeper.
Computers, monitors, printers, laptops - merged into 1 category - no change to fees
Microwaves - new category - $5 each
Electronic Accessories - new category - no charge for these items
DVD/VCR - removed as a category. These items are now included in "Miscellaneous Electronic Items" for $5 each.
Load rejection fee - removed category (no longer needed without commercial haulers)
Added disclaimer - "All decisions of gate keeper are final"
From:Charles Sumner
To:Susan Broderick
Subject:FW: Brewster For The Holidays committee"s request for help
Date:Friday, September 06, 2013 4:12:31 PM
From: Victor Staley
Sent: Friday, September 06, 2013 10:20 AM
To: Charles Sumner
Cc: Victor Staley
Subject: RE: Brewster For The Holidays committee's request for help
Hi Charlie,
Sorry about the delay in getting back to you.
This presentation looks fine and seems to cover all bases for the events planned whether the event
crossed the threshold as a Special Event or not. All of the venues have adequate parking which is
one of the main concerns for zoning.
I believe that this event has been determined a Community Event by the Selectmen in the past (I’ll
double check my files) which allows me to recognize temporary signs.
Next year we will have an application that the BFTH Committee can submit to the Selectmen.
Let me know if I can do more on this or if you think it best if I come to the Selectmen’s meeting next
Monday.
Vic
Victor Staley
Building Commissioner
2198 Main Street
Brewster,MA 02631
508-896-3701 ext 1125
From: Charles Sumner
Sent: Friday, September 06, 2013 9:18 AM
To: Victor Staley
Subject: FW: Brewster For The Holidays committee's request for help
Hi Victor
Do you see any problems with me presenting this to the BOS? CLS
From: Kyle Hinkle [mailto:kylehinkle@comcast.net ]
Sent: Thursday, August 29, 2013 1:32 PM
To: Charles Sumner
Cc: 'Dave Bennett'
Subject: Brewster For The Holidays committee's request for help
Good afternoon Charlie and Dave,
First of all, thank you to both of you for taking time out your schedule to meet yesterday regarding
Brewster for the Holidays. I’m sure you can tell that the committee members are passionate about
this program that they have been instrumental in growing.
Attached is the letter from the committee to the Selectmen asking blanket approval of the special
events that the committee presents, in particular the concert at the Brewster Baptist Church and the
family party at the Cape Cod Museum of Natural History. This letter also lists those events –
identified during yesterday’s meeting – held in local businesses that would need special event venue
approval.
Today in the chamber office we started applications for permits for entertainment (Drummer Boy
and Lemon Tree Village); special town event signs (gateway signs); temporary signs on town
property; and for the use of Drummer Boy Park for the Illumination Ceremony. These should be
completed and back to the appropriate departments within the next 2 weeks. This letter does
include a request to the Selectmen to waive any fees associated with these permits.
I also spoke again with Nancy Ellis-Ice today to assure her that we will help facilitate temporary food
permit applications.
If there is anything in the attached letter that you feel is inappropriate, or missing, please let me
know and we will amend accordingly.
Thank you,
Kyle
P.S. Please forward this to the Town department heads you feel should have it.
Ms. S. Kyle Hinkle
Executive Director
Brewster Chamber of Commerce
www.Brewster-CapeCod.com
T: 508-896-3500 C: 508-237-1789
“Providing leadership that facilitates the creation of
a prosperous local economy and effective advocacy for our members.”
Brewster for the Holidays, P.O. Box 1241, Brewster, MA 02631 www.BrewsterfortheHolidays.org
DATE:!August 29, 2013
TO:!John Dickson, Chairman, Brewster Board of Selectmen
cc:!Charles Sumner, Town Administrator
!Victor Staley, Building Commissioner
!Nancy Ellis-Ice, Health Department
!Kyle Hinkle, Executive Director Brewster Chamber of Commerce
!David Bennett, President Brewster Chamber of Commerce Board of Directors
FROM:!Steve Stranger, President Brewster for the Holidays Committee
!Myra Frain, Director Programming, Marketing and Fundraising, BFTH Committee
SUBJECT:!2013 Brewster for the Holidays
We are writing to request approval for this year’s Brewster for the Holidays (BFTH) celebration
as a community wide special event. As you know BFTH is a special weekend that aims to bring
our community, including residents, visitors and businesses, together to celebrate the beginning
of the holiday season. This year’s event will be on Fri. Dec. 6 - Sun. Dec. 8.
The celebration benefits the community in many ways, not the least of which is to provide a
boost to our businesses, and as a result, our town’s economy, during this special time of year.
It also benefits several charitable organizations who receive support in the form of money and
goods as a result of special collections made during the weekend celebration.
The celebration, now in its seventh year, features many events for people of all ages, most of
which are free. In an effort to streamline the approval process we are attaching a listing of the
major events that may fall under new special event guidelines, and seek your approval for
these as a group. Our small committee of volunteers has been working since last January to
plan this year’s event and we are preparing to enter the final planning and implementation
stages beginning in September. By seeking a general single approval we believe it will not only
allow us to focus our efforts where they are needed, but also save the town and supporting
businesses a significant amount of time by avoiding the need for multiple applications.
We do recognize that for events serving food (primarily cookies and non-alcoholic beverages)
each business will need to submit a permit to the Health Dept. We will notify our participants of
this requirement.
Applications for temporary signs, gateway signs and entertainment licenses, as well as the use
of Drummer Boy park are in process. We are requesting a fee waiver for signage related to
BFTH, use of Drummer Boy Park for our tree lighting, and for other fees associated with
entertainment licenses and permits for the tree lighting and festivities at Lemon Tree Village.
Please let us know if we may answer other specific questions about the event. Many thanks in
advance for your consideration.
2013 BREWSTER FOR THE HOLIDAYS (BFTH) CELEBRATION
BFTH SPONSORED EVENTS
(In all descriptions light refreshments refers to things like cookies, brownies, non-alcoholic
beverages.)
The following 4 events are planned, hosted and implemented directly by the BFTH committee
and are our core events.
1. Illumination Ceremony. Tree and windmill lighting at Drummer Boy Park. Features music,
chorus, arrival by Santa in firetruck, refreshments (donuts and hot chocolate from area
restaurants), windmill tours and blacksmith shop demonstrations. Parking is managed by the
Rotary club and we have a police detail.
2. Brewster Band Holiday Concert. Held at Brewster Baptist Church. No food at this venue.
3. Gallery Stroll. Held at various galleries around town. Nearly all of Brewster’s galleries
participate with special exhibits, artist talks and demonstrations. Many of the galleries offer
light refreshments.
4. Gala Family Party. Held at the Cape Cod Museum of Natural History. Features museum
tours, activities for children, live music and Santa. Light refreshments are served. The
museum has adequate parking for the number of visitors that attend.
BFTH EVENTS SPONSORED BY AREA BUSINESSES
1.Breakfast with Santa. Sponsored by Brewster Recreation at Ocean Edge. Features
breakfast with Santa and crafts for kids. Parking adequate for number of participants.
2.Firehouse Tours. Brewster Fire Dept. Features tours, safety information and treats for kids.
Hotdogs and other light refreshments are available.
3.Lemon Tree Village Stroll. Features strolling musicians (barbershop quartet, schools
chorus bell ringers, etc.), artist demonstrations, Santa strolling village and on hayrides with
Sparky in the parking lot area. Most shops offer light refreshments.
4.Polar Plunge at Breakwater Beach. Sponsored by Brewster Recreation. Light refreshments
are available.
5.Festival of Tables. Brewster Ladies’ Library. Exhibit of table settings by the Brewster
Garden Club. Light refreshments are served.
6.Concerts. These take place at several venues. Food offerings are noted.
•Trinity Lutheran Church sponsors a jazz concert. Light refreshments are served.
•Council on Aging sponsors a chorus.
•EPOCH sponsors a chowder festival which also features a musical performance.
7.Open houses. The balance of the activities associated with BFTH are open houses at area
businesses. Many of these businesses offer light refreshments. They will be to obtaining
temporary food permits for the refreshments from the health dept.
September 10, 2013
To: Brewster Board of Selectman
CC: Charlie Sumner, Susan Broderick
Re: Camps and Special Venue Permits
During a recent meeting with Victor Staley and Charlie Sumner, it was suggested that we share some of the
history of how the current uses for Children’s Camps in Brewster Zoning Bylaws came about. Below is a very
abbreviated history of the Cape Cod Sea Camps and Zoning protections established for camps.
1925 The Delahanty Family moves Camp Monomoy for Boys from Harwich to Brewster. There are
approximately 10 other camps operating in Brewster at the time, the most prominent of which was Sea Pines
School and Summer Camp.
1938 The Delahanty Family purchases Wild Acres in Brewster to establish Camp Wono for Girls.
1950s – Present - In addition to our internationally recognized summer camp programs which operate from
June to August, the camps play host annually to groups and organizations in the spring and fall. These have
included programs such as School Camping, Sports Camps, College programs, Church family camps, the Multiple
Schlorosis Society, the American Lung Association, National and State Park Interpreters Training and Brewster
in Bloom as examples.
1960s, 1970s - Brewster worked to adopt original zoning articles, definitions and zoning maps. At that time
Camp Monomoy director Grant Koch was the town Moderator and noticed an article related to camps on the
warrant. Grant shared this information with the owners of Camps in Brewster. With the help of attorney
Myer Singer, language was suggested and adopted that would allow camps to continue to operate in the RR and
RM zones by right.
2012 – Town meeting adopts language in the Zoning Bylaws adding a definition of Camps, Recreational Children
allowing for the additional facility use that is common within the industry.
2013 - The Cape Cod Sea Camps provided input during the development of the new Special Venue Permitting.
As a permitted use, Children’s Camps are allowed within RR and RM Zones. Additionally, within the Children’s
Camp Definition, wording allows use of the camp facilities by other groups or organizations, as incidental to the
camp use. The camps have been keen to protect their historic uses and the wording in the current Zoning
Definitions that allow for these uses was reaffirmed.
To ensure camps could continue to provide meeting, accommodation, recreation and social facilities to user
groups in the Spring and Fall, CCSC consulted with their attorney. In his opinion, the intent of the zoning
definitions adopted relative to camps have allowed the continuation of these historic uses.
September 9th, 2013 – Dave Peterson and Ed Barber met with Charles Sumner and Victor Staley to determine if
it would be necessary for Camps to apply for Special Venue Permits in light of their current use as defined.
Victor is still reviewing the bylaws before making a determination as to whether camps would need to seek
special event permits for the incidental uses that are referred to in the town’s Zoning bylaw definition stated
below.
CAMP, CHILDREN’S RECREATION – An establishment for the provision of indoor or outdoor
activities for children, including sports, arts and crafts, entertainment, recreation, educational activities,
water sports, horseback riding, and associated food service. If incidental to the camp use, camp facilities
or structures may be used to provide meeting, accommodations, recreation, or social facilities for a public
or private association or group. Can be a day or overnight camp. Can be for-profit or non-profit. To the
extent this definition is ever applied to include “child care facilities” as tha t term is defined in
Massachusetts General Laws, Chapter 40A, §3, the exemption provisions of that statute shall prevail.
[Added 5-7-12 ATM, Art. 23]
Miriam Webster defines incidental as “happening as a minor part or result of something else”
and it is our hope that a small number of event requests each year would already be
covered under this language as they are not a major operation of the camp. We would hope
to be able to operate under this definition rather than applying for annual Special Event
Permits.
At this time we would be asking for a letter of understanding from the Board indicating our ability to continue
with our “off season” group uses without the need for a Special Event Permit.
Respectfully,
David L Peterson, CCD
CCSC Resident Camp Director
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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: July 8, 2013
TIME: 6:45 P.M.
PLACE: Brewster Town Office Building, 2198 Main Street
PRESENT: Selectman Hughes, Selectman Foley, Chairman Dickson, Selectman deRuyter, Selectman
Norton, Town Administrator Charles L. Sumner, Assistant Town Administrator Jillian Douglass, Chris Miller,
Paul Anderson, Charlotte Fyfe, Lucas Dinwiddie, Chris Powicki, Mitch Relin, Victor Staley, Ralph & Rose
Ingegneri, Mike Fitzgerald, Steve Doyle, Maureen & Bob Steinmann, Ed Lewis, Denise Rego, Elizabeth
Taylor, Bill Wheeler, Dennis Hanson, John Lamb, David Karam
Call to Order
Chairman Dickson called the meeting to order at 6:48 p.m.
Executive Session
Chairman Dickson stated that the Board would be going into executive session to discuss strategy with respect
to collective bargaining as an open meeting may have a detrimental effect on the bargaining position of the
Town and to discuss strategy with respect to litigation as an open meeting may have a detrimental effect on
the litigation position of the Town and will return to open session.
Selectman Hughes moved that the Board go into executive session at 6:46pm to discuss strategy with respect
to collective bargaining as an open meeting may have a detrimental effect on the bargaining position of the
Town and to discuss strategy with respect to litigation as an open meeting may have a detrimental effect on
the litigation position of the Town and to return to open session, Selectman Foley second. The Vote was
unanimous in favor; Selectman deRuyter – Yes, Selectman Hughes – Yes, Selectman Foley – Yes,
Selectman Norton – Yes, Chairman Dickson – Yes.
Selectman Hughes moved that the Board dissolve executive session at 7:06pm and return to open session,
Selectman deRuyter second. The vote was unanimous in favor; Selectman deRuyter – Yes, Selectman
Hughes – Yes, Selectman Foley – Yes, Selectman Norton – Yes, Chairman Dickson – Yes
Citizens Forum
Chris Powicki stated that the Cape Light Compact has recently raised its’ rates and the public may not be
aware of this fact. On June 28th they posted their new rates, which are slightly higher than NSTAR. The
Town, as a member of CLC is a representative to CLC. In the FYI, there was a fast facts sheet about CLC, but
no information on the new rates. He feels that the Board of Selectmen has the responsibility to inform
www.town.brewster.ma.
BoS Minutes July 8, 2013, 2013
members. He has a petition to have a hearing for CLC to disclose their rate increase. Chairman Dickson
stated that he did receive Mr. Powicki’s email with a request to place his Powerpoint presentation in to the
Boards FYI. He would first like to make sure that Mr. Powicki uses only facts in his Powerpoint slides and
does not make disparaging remarks against hard working individuals.
Special Event License for Candleberry Inn
Charlotte Fyfe stated that with the passing of the special events license article at Town meeting that this
summer they would like to offer historical based teas. There would be no more than 16 people per event.
They have upgraded their kitchen and the septic is working. Victor Staley stated that their application fits into
the special event category. This site has been inspected by the building department as a Bed & Breakfast. He
has requested a site plan as to where the parking will be, which the applicant still needs to provide. There will
be no additional signage. His report is favorable. Mr. Doyle stated that he is an abutter to the Inn and he has
no problems with these events and they have been a good neighbor. Mr. Staley stated that since he has yet to
receive a site plan, he asked that the license be pending a proper site plan. The current site plan is incorrect.
Selectman deRuyter suggested an expiration date for the license. Mr. Sumner stated that this is still a work in
progress and all licenses have an expiration date. Administration is still working on regulations, which they
will come back to the Board with. The Town has received the Attorney General’s approval of the Town
Meeting article. Selectmen deRuyter moved to a grant a special event license for the Candleberry Inn,
contingent on approval of a parking plan, Selectmen Hughes second. The Board voted 5-Yes, 0-No.
Special Event License for Halcyon Farm
Lucas Dinwiddie stated that he has also been working with the Board of Health and Victor Staley for his farm
to table dinners. He is not sure if the Board would like specific numbers on events and number of participants.
Victor Staley stated that originally, the anticipated number of guest was 30-35, now it is 60. As long as the
facility can handle that amount for parking and safety, he does not have an issue with it. He does need a site
plan for parking. Mr. Dinwiddie will be providing port-o-lets for the dinners and Mr. Staley has stated that
there will be no additional signage. Mr. Staley does require a site plan before the final number of guests is
determined. There could be car pooling as well as the possibility of a shuttle service. Selectman deRuyter
asked for an update on the food truck. Mr. Dinwiddie stated that there was a meeting with the Board of Health
last Monday, and owner of the food truck will be going before a Board of Health meeting for a Brewster
mobile vendor permit. Selectman deRuyter thanked Charlotte Fyfe and Lucas Dinwiddie, Charlie Sumner,
Victor Staley, Sue Leven and Nancy Ice for their work on this process. Selectman deRuyter moved to approve
a special event license, for Halycon Farm, based on materials received contingent on approval of a parking site
plan and a mobile food permit, Selectman Norton second. The Board voted 5-Yes, 0-No.
Review & Approve Lease with Friends of Brewster Elders for Captain’s Thrift Shop
Mr. Sumner stated that there has been a wonderful relationship with this group for a long time. They
previously rented the classroom building at Town Hall. The foundation of that building failed and the building
is condemned. There is a building behind the Council on Aging that the Town was able to clear out and the
Friends will now be using for the thrift shop. Bill Wheeler stated that the move is complete and the septic and
electrical has passed inspection. There will be an open house this Saturday, July 13, and they hope to open
next Tuesday, July 16, 2013. The lease has not change. There was language added to reflect that the Town
can terminate the lease if it goes forward with building a new fire station. The Captains Thrift shop will be
open Tuesday thru Saturday, 10am-3pm. Dennis Hanson thanked Mr. Sumner and the Board for facilitating
the use of this building for the Friends thrift shop. They have always been generous to the Council on Aging.
Selectman Foley moved to approve and sign the lease and electricity sharing agreement between the Town of
Brewster and The Friends of Brewster Elders, Selectman Hughes second. The Board voted 5-Yes, 0-No.
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BoS Minutes July 8, 2013
Discuss & Approve Brewster/Harwich Water Supply IMA
Paul Anderson stated that a resident at 174 Wayside road approached the Town as his well is suffering and
will not be able to be repaired. Harwich does not have water mains on that road, but Brewster does. There are
five homes on that road that are on wells and will most likely be approaching Brewster for service. It would
cost Harwich $50,000-$60,000 to service these homes, while it would only be an initial cost to Brewster to tap
the water mains. Brewster would bill Harwich and Harwich will then bill the home owners. The Town
Counsels, for both Towns, are still working on final wording for the IMA, and it should be completed shortly.
There was a brief discussion and clarification on item number 8 of the draft IMA, regarding the Town of
Harwich making sufficient funds available at its annual town meeting. Selectman deRuyter asked if it would
be possible to directly bill the homeowners. Mr. Anderson stated that Brewster does not have the authority to
bill Harwich residents and that is the reason for Brewster to bill the Town of Harwich and Harwich will bill
the residents.
Vote to Implement Town Meeting Authorization to Transfer Parcels to Conservation Commission
(Article 34, May 7, 2012 ATM) & Sign Deed of Transfer Control
Mr. Sumner stated that Town Meeting authorized this at the May 2012 annual town meeting and it was done
in conjunction with the Brewster Conservation Trust. Mike Lach did a lot of work on this project, in
reviewing past Town takings and making sure that all documents were completed correctly. Selectman Norton
moved to implement the Town Meeting authorization to transfer parcels, as Article 34, May 7, 2012 Town
Meeting, presented in exhibit A, to the Conservation Commission and to approve and sign the deed of transfer
control, Selectman deRuyter second. The Board voted 5-Yes, 0-No.
Discuss Conditions of Town Beaches & Ponds and Plans for Long Term Improvement & Maintenance
Chairman Dickson stated that the Board took a three and a half hour tour on June 30, 2013 of the Town
beaches and two of the public ponds. Chris Miller stated that the tour started at Crosby beach and went East to
West. Most of the issues at the landings are drainage. A second issue is the shortage of parking as the area
from the parking lot to the beach becomes less and less due to erosion. Selectman Foley stated that there was a
large rain storm the day before the meeting and it helped to show the drainage issues. The issue with beaches
runs pararell with the issues with the roads, especially the drainage issue on roads north of route 6A.
Selectman deRuyter stated that in dealing with erosion, there is not a great deal the Town can do in terms of
the bay, but the Town can do more about erosion due to drainage issues. He would like to know what the
plans may be for Ellis landing and also the parking at Crosby. He stated that the Board should be looking at
projects that will be effective for 10-20 years. Selectman Hughes stated that the Town has an eroding
shoreline. The only place gaining sand is Crosby beach. There should be a look at how to pull parking lots
back. At the beach tour, Bob Bersin did speak to a plan for Ellis and Linell, but there was no mention of how
they are being funded. There is also the opportunity to work with the State in terms of Nickerson State Park.
She would like to address the handicapped issues at Crosby and Linell. Selectman Norton stated that he also
believes that there are short term and long term solutions that should be addressed. There is currently no
handicapped access to any of our beaches. He feels that issue should be addressed immediately. Also, the
safety issue at Ellis should be addressed immediately. Chairman Dickson also agrees with a long term
approach. There is likely to be an article on the Fall Town meeting for a solution to Ellis Landing beach. He
believes the Board should form a committee to work on beach issues. The Town may need to hire a
consultant to help with a plan and collect data on what could happen to the shoreline in the next 25 years. He
is disappointed that the work at Crosby was not done to create handicapped access. Maureen Steinmann stated
that she was so pleased that the Board took a beach tour. She feels that Crosby will never be handicapped
accessible unless there is a raised boardwalk built. She thought that if the parking lot was expanded to the left,
part of that could be made accessible, but she learned that the lot would be expanded to the back. The other
issue is handicapped accessibility at Long Pond. A group needs to look at that, as there would need to be a
break in the burm, but there are drainage issues. She understands that there is really nothing that could be
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BoS Minutes July 8, 2013
done at Linell Landing as mother nature took the boardwalk. Selectman Foley clarified that the land to the left
of Crosby is a coastal dune and state land, so expansion to the left would not be possible. Mrs. Steinmann
stated that the mobi mat shorted out her husband’s wheelchair, but it could be used at Long Pond. The product
known as Mr. Boardwalk, can be extremely slippery if sand builds up on it. Selectman Foley stated that at
Long Pond perhaps a boardwalk could be built over the burm. Chairman Dickson stated that Paines Creek
might be able to be made handicapped accessible with a mat or boardwalk, this was at one time suggested by
the All Citizen’s Access Committee. Mrs. Steinmann stated that they did discuss it, but a turn around would
take up too much room. She stated that she doesn’t think that it is difficult to make beaches accessible, but it
is an issue of funds and manpower. Dave Karam stated that the Town appropriated a large amount of money
for a consultant for the issues with water. Perhaps this consultant’s information could be used for the drainage
issue. Chairman Dickson clarified that this is the CWPC project and there will be an update from them on an
upcoming meeting. Dennis Hanson stated that bringing in a consultant to appraise the beaches is a good idea.
He also mentioned that the Town should investigate utilizing the county dredge. John Lamb thanked the Board
for starting this process. Many of the Towns Beaches are at sea level so the parking lots really should be
moved back where ever possible. He asked if the Conservation Commission would allow the road at Crosby
beach to be raised. The tide and marsh at times do wash the side road off of Crosby, so that must be looked at.
Mr. Miller stated that there was a discussion on the low end of Crosby Road. He does not see any reason why
the road could not be raised a bit, and perhaps install a small culvert or pipe or several catch basins. The
Board was in agreement that a committee should be formed to look at short term and long term solutions and
that it should be dovetailed with the roads work that needs to be done. Chairman Dickson stated that the funds
will most likely have to come from bonding. Selectman Hughes stated that some of the road work should start
now as the funds for a consultant would have to go to Town Meeting. Selectman deRuyter moved to form a
beach committee, makeup to be determined. Chairman Dickson stated that he hopes that Chris Miller will be
willing to serve on the committee. Selectman Norton stated that the Board should identify the number of
members on the committee and perhaps term limits. Selectman deRuyter moved to amend his motion to be a
permanent committee and a 5 member committee, serving three year terms. Selectman Foley second. The
Board voted 5-Yes, 0-No.
Discussion on Budget Process
Chairman Dickson stated that he and Selectman deRuyter attended the Finance Committee meeting where the
budget process was discussed. Last year was the first year of new budget process and now is a good time to
look at it and discuss what worked and what did not work. There was one suggestion to take one department
and try a zero based budget. There was a discussion on having a member of the Finance Committee at the
Capital Planning Committee meetings. Chairman Dickson gave background information on the budget
process. Selectman Foley stated that he feels that the iPads have been a great success and the new process was
a great success. Selectman Norton stated that the Selectmen’s role is to set policy and the Finance Committee
serves as an advisory committee. He wants to make sure that this process continues. He feels that the budgets
should be developed with the Board of Selectmen first and then to the Finance Committee. Chairman Dickson
stated that this is just a review of the budget process from last year and how it could be improved. The
Finance Committee is not trying to control the process. Selectman Hughes stated that it is critical that the
Finance Committee and Board of Selectmen work together. She feels that the critical issues facing the town
must be married to the FY15 budget and the budget process. Selectman deRuyter stated that the goal of this
discussion is to produce the best possible budget for the Town. The first meeting should be a joint meeting of
the two boards to discuss the forecast and projected expenses and revenues and capital projects. One
suggestion to improve the budget process is to marry the live Google budget document and the narratives.
Chairman Dickson stated that the capital planning process starts in December and goes through the end of
January and that capital items can be included in the initial forecast presentation. Mr. Sumner stated that he
was satisfied with the process last year and that it was a lot of work for his office and Town staff. He
mentioned that it can be intimidating for a department head to go before a Finance Committee of nine
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BoS Minutes July 8, 2013
members and a Board of five Selectmen and board members should be aware of this when department heads
come before them. Mr. Sumner stated that there was a discussion at today’s department head meeting that
when there is a change to a budget that an email go out to both boards to notify them of the change. To
integrate the budget narratives with the Google doc will require a meeting with IT, it may be a difficult task.
Mr. Sumner would like to have a meeting with both chairmans, the head of IT and Town Account to discuss
these suggestions. Mr. Sumner feels that adding past years budgets to the google document will make the
document too large to view at meetings. Mike Fitzgerald stated that feels that last years changes to the budget
process were very successful. He would now like to look at how to build on this process. He would like the
Finance Committee to have a presentation on the capital plan. In terms of marring the google budget doc and
narratives, perhaps there could be a link to the department narrative on the google doc. It was agreed that there
will be a follow up meeting with Mr. Sumner and the Chair and Vice-Chair of each committee to discuss any
changes to the budget process or documents. In terms of the idea of zero based budgeting, Selectman Foley
stated that it could not be Town wide and that it requires justifying all money spent. He suggests looking at
one smaller budget per year for the zero based budget to prove its worth. Mr. Sumner stated that the budget is
not started based on what departments had last year, but it is based on their expenditures. Every line item and
expenditure is examined. Selectman Hughes suggested contacting other Towns on the Cape to see if any of
them use zero based budgeting. Selectman Norton stated that when Frank Cummings was superintendent of
the regional school system, they did try zero based budgeting, but it was not useful. Ralph Ingegneri stated
that the Town has an open door policy and he feels that it is good that the two boards are discussing this
process. Most people in Town do not know what the charge of the Finance Committee is. Mr. Fitzgerald
stated that their charge is to review and vote on budgets and warrant articles. They are appointed by the
moderator.
Review of Selectman Policies
Chairman Dickson stated that this is only meant to be a high level discussion and he would like to know the
Boards feedback on policies. Selectman Foley stated that most policies still apply, but the Board may want to
look at two or three. He suggested each member can bring forward any policy they would like to look at.
Chairman Dickson did notice that there are several equal opportunity employment policies and perhaps they
could be looked at and merged. Mr. Sumner said this could be reviewed with labor counsel and an updated
policy could be created.
Discuss & Review Selectmen Goals and Statement of Ethics & Values
Selectman Norton stated his goals are the same as last year, with a slight change that by spring Town meeting
there is design money for a new fire station. Selectman Foley stated that compared to last years goals, his
fourth goal of electronic media policies was achieved and his other three goals are the same and are currently
being worked on; an off leash dog park, a beach plan and a long term roads plan. Selectman deRuyter would
like to continue to develop a plan for the roads, an off leash dog park, and the beach
development/improvement plan and the fire station, and support small business development, and an
electronic method for tracking open and ongoing projects in the Town, including timeline and financial
information. Selectman Hughes would like to bring an integrated water resources plan to the Town,
affordable housing and developing a process for identifying long range priorities for the Town’s
comprehensive planning process. Chairman Dickson’s goals are to bring long delayed capital projects to
Town Meeting, develop a plan for infrastructure for roads and beaches and to see progress on the solar
projects. He would also like to see a citizen’s academy and investigate ways to make town government more
interactive and more user friendly and lastly, to maintain a positive and production tone at Selectmen’s
meeting. Selectman Norton moved that the Board vote to support the Selectman statement of ethics and
values, Selectman Foley second. The Board voted 5-Yes, 0-No.
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Discuss Possible Future Agenda Items
Chairman Dickson asked the Board if they would like to see the roads plan on a future agenda. Mr. Sumner
stated that he will soon begin the process of interviewing pavement management companies. It could be
discussed at the August meeting. Selectman Foley asked what the process would be for bonding for this
project. Mr. Sumner stated that it would have to go to Town meeting to get the approval for bonding, but he is
not sure if it would require an over ride. Selectman deRuyter would like the Board to discuss the charge of the
two newly created committees; the dog park development committee and the beach committee. Selectmen
deRuyter and Hughes will work on a draft charge for each of those committees.
Appointments
Selectman deRuyter moved appointments as presented, Selectman Foley second. Selectmen Hughes stated that
there are new appointments as well as renewals. Mitch Relin asked what the make-up of the energy committee
was. There was a discussion on who was and who was not being reappointed to the energy committee and
why. Mr. Relin voiced his support for Chris Powicki to be reappointed to the Energy Committee. The Board
voted 5-Yes, 0-No. Selectman Hughes stated that there are members needed for the Housing Partnership and
the All Citizen’s Access Committee
Action Items
Chairman Dickson stated that action item 7, request for documents has been removed and that for action item
1, appointment of a parking clerk, it be effective July 15, 2013. Selectman Norton moved to approve action
items 1-6 & 8, as recommend by Administration, Selectman Hughes second. The Board voted 5-Yes, 0-No.
FYI Items
Selectman Hughes mentioned items A, complaint on Chillingsworth dumpster and item B, the condition of
Foster road. Mr. Sumner stated that the pot holes on Foster were filled in and it is on the roads list. In regards
to item Q, housing on White Rock road, Ms. Douglass stated that this was previously approved by the Town
and has gone through all necessary venting.
Liaison Reports
Selectman Norton stated that Joanna Hughes was appointed as principal to the Eddy school. The Fire
Department will start a citizen’s fire academy on September 19, deadline for applications is Friday, August 23.
Selectmen Hughes stated that the WQRC met to look at the solar project at Freemans Way. One of the
discussions at that meeting was if the Town should development a mitigation policy. The Community
Preservation Committee voted to establish an affordable housing task force. The Planning Board will be
hearing the Renaissance project on July 24. This project went to Cape Cod Commission and is coming back to
the Town. Chairman Dickson attended the Recreation Commission meeting; they removed their items from
the building that will be the Captains thrift shop. The summer programs are full and very well attended.
Selectman Foley stated that the Brewster Ladies Library annual book sale begins July 15 and it runs through
August 10.
Topics the Chair did not Reasonably Anticipate
None
Media Questions
Rich Eldred attended the Orleans Town Meeting where they voted down the sewer treatment plant. Since
Brewster is a member of Tri-Town is there concern on the closing of the septage system or that the approval
for a new plant is taking so long. Mr. Sumner stated that we would be lucky if the plant is still operating in
May, as the technology is very outdated. The Town does not anticipate being impacted
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Future Meetings
July 22, 2013, August 12, 2013 & September 3, 2013
Selectman Norton moved to adjourn at 10:25pm, Selectman Foley second. The Board voted 5-Yes, 0-No.
Respectfully submitted,
Susan Broderick
Administrative Supervisor
Approved: _______________ Signed: _______________________________________
Date Patricia Hughes, Clerk of the Board of Selectman
Accompanying Documents in Packet: agenda, request from Candleberry Inn for special event license, memo from Sherrie
McCullogh to Board of Health, re; Candleberry Inn, request for special event license from Hylcyon farm, lease for Captain’s Thrift
Shop, emails re; Brewster/Harwich water supply IMA and draft IMA agreement, email, re; transfer of parcels to Conservation
Commission and deed of transfer control, memo from John Dickson to Board of Selectmen, re; budget process discussion, Pat
Hughes FY14 goals, FY13 Selectman goals, statement of ethics & values, appointments, action items, fyi items
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BoS Minutes July 8, 2013
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: July 22, 2013
TIME: 7:00 P.M.
PLACE: Brewster Town Office Building, 2198 Main Street
PRESENT: Selectman Hughes, Selectman Foley, Chairman Dickson, Selectman deRuyter, Selectman Norton,
Town Administrator Charles L. Sumner, Assistant Town Administrator Jillian Douglass, Ralph & Rose
Ingegneri, Mike Fitzgerald, Norm Adams, Janet Husband, Larry Greeley, Walter Powers, Jenny Mignone, John
Donlan, Bob Miller, Dave Telman, Geof Deering, Kevin Pooler, Dr. Richard Hoffmann, John O’Reilly, Ed
Lewis, Mark O’Brien, Cindy Bingham, Jeff O’dell, Rob Harris, Elbert Ulschoeffer and many other citizens.
Call to Order
Chairman Dickson called the meeting to order at 7:00 p.m.
Citizens Forum
None
Update from Cable Advisory Committee on LCCAT Contract
Norm Adams, Chairman of Cable Television Advisory Board and Janet Husband, secretary presented
introductory statements regarding the Town’s relationship with LCCAT. Mr. Adams explained that all of the
people on the committee have had a long relationship with cable television and they all hoped for a productive
relationship with LCCAT. Janet Husband provided a summary of the history of how the cable laws have
evolved and the formation of LCCAT. Initially, Comcast ran the local cable production office and studio, but
the Town’s were getting frustrated with Comcast’s studio and service. Towns started to negotiate new deals
with Comcast to open their own studio and Comcast would essentially provide funds for it. The Lower Cape
Consortium negotiated with Comcast and LCCAT was born with Brewster, Orleans, Wellfleet, Eastham and
Truro as members. Negotiations with Comcast were difficult, but ultimately an agreement to give 4.75% of
their profits to towns for public access was negotiated which included Comcast providing three channels; one
for local towns, one for schools and one for community access. An agreement was reached with Nauset
Regional High School to locate the new studio there. The idea behind the studio was that anyone from any of
the towns could go and videotape programs to be aired on Lower Cape TV. Brewster has paid $172,000 in
operating costs and $182,000 in capital cost. The issue now is that the Town is coming to the end of the 3 year
contract with LCCAT and the CAC is looking at whether it should be renewed. The contract is very specific
about reporting and they have not received full financial reports, despite repeated requests. Larry Greeley stated
that the CAC is asking the Board to send a letter to LCCAT requesting financial information and also for
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Page 1 of 8
programming information about what types of programs are being watched. Mr. Greeley thinks that nothing
longer than a 1 year contract should be negotiated at this time. Mr.Adams explained that the Town has until
August 23rd to reply if the Town will renew and then 3 months to negotiate a new contract with LCCAT. One of
the provisions of the contract is that all five towns have to have a substantially similar contract. The greatest
benefactor of the new studio has been the Nauset High School students who use the studio and produce a lot of
shows that are aired. Chairman Dickson summed up the discussion that CAC needs more information to make a
recommendation to the Board and is asking the Board to push to get that information. Selectman Foley as
liaison to this committee finds the lack of financial information distressing. It is a great studio and a great
benefit to Nauset High School students, but all of the member towns have given money that needs to be
accounted for. The Town is too greatly invested to walk away, but he wouldn’t sign more than a year contract.
Selectman Hughes said she appreciates the short summary and this is an invaluable service, but we need the
financials to make a decision about the future. Mr. Greeley stated there should be audits because LCCAT is a
501C. He does not understand why the information is not coming and wonders if we can build into the contract
a provision to hold them accountable, like perhaps withholding payment to LCCAT until quarterly reports are
received. Selectman Norton agrees with the sentiment of the Board and it is a benefit to the NHS kids.
David Schoeffer, outgoing treasurer of LCCAT explained that the largest number of members of the Board of
Directors of LCCAT are from Brewster and 50% of the kids they service are from Brewster. George Malloy,
accountant has prepared an audit for 2011 and all board members received it. Mr. Schoeffer suggested that Janet
Husband contact Mr. Malloy for the 2011 report. For 2012, there is just a letter, not an audit because they did
not expend more than 200K. Mr. Schoeffer acknowledges that past management was not good at presenting
budgets. LCCAT is managing multiple contracts with towns and the school and each town has a contract with
Comcast with different reimbursements. He also feels that LCCAT is very short staffed from an administrative
standpoint. It is also upsetting that Comcast only gave 30 days notice of their change of the public access
channel from 17 to 99 and there is no process for grievances against Comcast. Mr. Schoeffer stated that if the
Board needs more time, he will go to the LCCAT board and ask for more time to negotiate. Chairman Dickson
said that we need more information before the next meeting in order to make a recommendation. We need to get
financials, talk to other towns and make a decision at the next meeting.
Discussion on Town Relationship with Scouts
John Donlan, leader of Troop 11 in Brewster, gave an overview of the history, mission and activities of the Boy
Scouts and Girls Scouts. There are about 2000 members involved in scouting in the Cape & Islands and there
are 2 camps. The Brewster troops have been involved in many activities and volunteer efforts with various
organizations in Brewster including Brewster Recreation, Chamber of Commerce, Brewster Conservation Trust,
Elementary schools, the library, parades etc. One of the major fundraising efforts is the cents for scouts at the
transfer station. They have just built a new shed which 2 boy scout troops, 1 girl scout troop and 1 cub scout
troop benefit from. The Scouts in general do not take in a lot of money; they have to provide a service in order
to accept money. They travel a lot, have awards and activities which is what they do with the money they raise.
Mr. Donlan knows that the scouts have been in the news a lot because of the National Organization’s policy
about gay scouts and scout leaders. Mr. Donlan assured the Board that the Cape & Island’s have always had a
non-discrimination policy. They recently had four meetings on Cape regarding the national policy and the
troops were unanimous that the national policy had to change. The local policies are not in agreement with the
national policy. The National Organization has adopted a new policy as of January 2014. Chairman Dickson
thanked Mr. Donlan for his presentation. Mr. Elbert Uelschoeffer said he was happy that a declaration has been
made, but the actual facts are that the national organization does not allow leaders in the scouts to be gay, but
allows gay scouts. He would like the Board to request proof from the Cape &Islands Organization that they sent
a letter to the National Association and also, that they are practicing non-discrimination. Mr. Uelschoeffer stated
that the Town should require proof in the form of a non-discriminatory statement just like a town bidder would
have to sign. Cindy Bingham applauded the boy scouts for allowing gay scouts, but stated that as long as the
National Organization does not allow gay leaders, discrimination continues. John Donlan said one of the good
BoS Minutes July 22, 2013
items that came out of the new revisions was a no sexual contact rule. Mr. Donlan said the boy scout application
does not have a box that you check if you are gay or not and they do not discriminate in the local troops.
Chairman Dickson asked how the Board felt about accepting the local policy, even though the national policy
still stands. Selectman Foley said the actions of the local troops speak louder than the words. Selectman
deRuyter said the goal should be to end the national discrimination policy, but continue to support our local
troops who do not discriminate and hopefully the local organizations will push the national organization to
change their policy. Selectman Hughes suggested that the Board send a letter to the National Council regarding
their stand against the national policy and stating that if our local group instituted the national policy, they
would not allow them to fundraise at the Transfer Station. Selectman deRuyter motioned for the Board to send a
letter to the National Organization, Selectman Norton second. The Board voted 5-Yes, 0-No.
Update from Captain’s Golf Course
Mark O’Brien reviewed the end of fiscal year 2013 financials reports, projections versus actuals. The season
pass holder revenue has increased by $34,000; they are up 31 season pass holders. Poor spring weather did
impact cart and green fees with a $39,000 negative difference from rain. On other days, they were up. Other
revenue line items were pretty similar. One difference is that in FY13, the last day of the fiscal year fell on a
Sunday so that money, $20,000 went into FY14 numbers. Mr. O’Brien said that expenses are pretty much what
they thought, but they have not verified the fringe benefit numbers yet. The Course did spend less in
unemployment this year by about $10,000. The net result was a net return to the town of $28,000 more of a
deficit than what was projected in the winter. So far in July, they are down by $2,400, but that does not include
June 30 which will put them up this July versus last July. Mark O’Brien is feeling optimistic about FY14
projections and feel that they are on pace for a good year. Selectman Norton asked if the extreme heat was
impacting play. Mr. O’Brien said it was a little in the afternoon play. Selectman Hughes asked when the debt
service will be retired. Mr. O’Brien said the large bond for expansion will expire in 2020, the irrigation bond in
2014 as well as the course renovation loan. Selectman Hughes explained that the course has played a significant
role in the reduction of nitrogen loading over the last 5 to 6 years in Pleasant Bay by reducing fertilizer use as a
best practice. The course adopted these practices, they were not mandatory and it has made an impact that could
translate into cost savings for the Town. Selectman deRuyter said a lot of this news is encouraging and asked
when the increased ad budget kicked in. Mark O’Brien explained that the ad firm was contracted in September
2012 and he thinks the ad campaign showed itself in the increased season pass holders. They held an open
house in late April. Selectman deRuyter also asked if the decreased unemployment will translate into other
fringe benefits being decreased. Mr. O’Brien said it will not. Selectman Foley is the Golf Commission liaison.
He believes the economic hit to the golf course coincided with the drop in the nation’s economy and believes as
it turns around, so will golf courses. Selectman Foley thinks the increased ad budget is just starting to make an
impact, but asked how its’ impact will be measured. Mr. O’Brien said they will conduct online surveys through
their email database. Chairman Dickson thinks they should compare market share versus other courses and have
Mr. O’Brien come back in September with a report about the summer revenue as the course was a big issue in
last fiscal year cycle. Chairman Dickson asked about the pro shop revenue which projected a jump in 2013 that
did not come through, what is the 2014 forecast. Mr. O’Brien said the actual profit margin is 25%, but the goal
is 30% and they are working hard on that. Mr. Sumner said the changes in best management practices have
played a significant role in nitrogen reduction and there are more things that can be done at Captains to reduce
nitrogen in Pleasant Bay. Mr. O’Brien will provide updates on a monthly basis to the Board. Mike Fitzgerald
commented that there are some positive items in the financials and asked about the value of the items in the pro
shop at the end of the fiscal year and the miscellaneous income of $46,000. Mr. O’Brien explained that they do
perform an actual inventory and the money was from the sale of land at the course. Mr. Fitzgerald also inquired
about the restaurant rent and why the received only $48,000. Mr. O’Brien explained that this is the minimum
yearly rent and if the restaurant had achieved a certain profit, the course would have gotten a percent margin of
that. He thinks this will occur this fiscal year.
BoS Minutes July 22, 2013
Update from Building & Needs Assessment Committee on Fire Station Feasibility Study, Stony Brook
Window Replacement and Eddy School Roof and HVAC project
Bob Miller gave an overview of the firehouse project. The Building Needs and Assessment Committee has been
working since January on the firehouse project. They have a good team and there has been a lot of discussion.
CDR Maguire was originally going to come tonight, but the final feasibility study is not ready. The Board has a
draft, the final report will have new numbers and they will come in with their presentation on Aug. 12th. Kevin
Pooler is on the subcommittee and based on the current status of building, the vote of the BNAC was
unanimous that a new building be constructed. The current building cannot accommodate the needs of the Fire
Department. The Committee is working on a video of the current firehouse to show citizens why it is not
adequate. The new building is not significantly bigger, but reconfigured to be more efficient and a better
building. Chief Moran can answer any technical questions about the new facility. The Fire Department has an
internal committee to revise the 2008 design and to reduce the total square footage while adding an Emergency
Operations Center. The facility they have is not appropriate for their operation. They have the largest staff in
Town. The new facility will have indoor training facilities to keep training in house. They will still go out for
live burn training. Mr. Sumner added that the apparatus garage is 40 years old as well as the front building. In
1973, they went out on 200 calls, now they go out on 2,700 calls and the town population has increased
significantly. The back part of the building is 29 yrs old. Looking at Chatham, it is not getting any cheaper to
build a new station. There are some critical issues in the calendar; at fall town meeting, they will ask for
$225,000 in design funds which will enhance their ability to get a real number and at annual town meeting, they
will request $800,000 for final design. Mr. Sumner believes the Town can possibly handle the $225,000 from
free cash, but not the $800,000. They have to start thinking about how to fund this project. Mr. Sumner would
begin the selection process for the Owner Project Manager and then designer selection. The process is a lot of
work, takes a few months and involves interviews for selection. The Board of Selectmen would have to give
authorization to proceed in August; the OMP and architect would be chosen by late September and the bid for
the project done in fall of 2014. There would be a need for an override for the debt and construction would be
complete by spring 2016. Mr. Ralph Ingenieri who is the video producer for BNAC wanted to speak to the
Board and citizens from his heart. He truly believes that there is a need for a new firehouse. The current facility
is 39 years old and was built to house the fire and police. The fire department has turned into a full time call
department of 29 and the space that they need is really not there. The feasibility study takes into account the
real needs of the fire department. The video goes through the whole building and shows that security is bad,
communication equipment is very outdated, all of the offices are very small and there is not sufficient room.
Three shift captains share the same office; the emergency walk-in room, which many residents use it for well
checks or small accidents, does not have room for medical supplies; the EMT/paramedic area is very small and
the training room is not adequate for full scale training. The maintenance equipment area is very cluttered and
they only have space for one of the two brush trucks to be garaged. There are three bunk rooms, one is a
converted closet. There is no wash down room for post hazmat incidents. The roof is in bad shape and the boiler
is original and about to go. The Emergency Operation Center is currently at the police station, but is not
adequate and Chief Moran is now the Emergency Operations Chief for the Town. Mr. Ingenieri concluded with
the concept that the firehouse is the fire departments “Home away from Home” and based on what they do for
the Town, they deserve a better facility. Chairman Dickson said they would hear the CDR Maguire report on
August 12th and he expects a positive vote from the Board in favor of building new, particularly because the
cost to build new is about the same as renovation. Selectman Norton said the fire station project is overdue and
the current firestation is very chopped up; he supports building new. Selectman Foley requested that they get the
final report ahead of the packet. Selectman deRuyter said he would reserve judgment until the final numbers
come in, but the BNAC makes a strong argument of new versus renovated plus the original facility was to
service far less people and less staff. Chairman Dickson said they would wait until the 12th to take a vote from
the Board.
Stony Brook school update, window replacement project: Both Bob Miller and Mr. Sumner did a site visit
BoS Minutes July 22, 2013
today. Varieka Construction started the project on July 15th; they have been removing old windows in the 1987
addition and they have found a lot of water penetration. Steve Schuman from Akro Architects will meet with
Bob Varieka and come up with a plan with additional costs on the window project. Mr. Sumner said they will
ask for money to do the balance of windows at fall town meeting. Mr. Sumner has authorized Varieka to
photograph the rotted plywood, replace it as well as any water soaked insulation and sheetrock. He is not sure
what the cost of this will be, but the additional cost will have to come to fall town meeting as well. Selectman
Foley asked that the Board be kept updated of the cost estimate and change order proposal.
Eddy School HVAC/Roof replacement update: Mr. Miller explained that the project has been put on hold in
terms of the BNAC, because the MSBA did not take any action on the Statement of Interest that was submitted
for the project. The BNAC needs direction from the Board of Selectmen and the Brewster School Committee.
The two committees need to decide a course of action and decide if the Town should do a feasibility study on
its’ own as the MSBA will not revisit the SOI until October or November. Chairman Dickson said he will set up
a meeting with the School Committee for September to discuss. Selectman deRuyter asked if the money for the
feasibility study was already approved. It was approved at last fall town meeting.
Discussion on Middle School Roof
Dr. Hoffmann explained that the school committee had a building needs assessment of the middle school, high
school and administration building done in the fall of 2012 by Habib & Assocs. The three priority issues that
were identified in that report were replacement of the middle school roof, replacement of the wood siding at the
high school and the re-shingling of central office. In March of 2013, the superintendent submitted a Statement
of Interest to the MSBA for the middle school roof. In June, the MSBA invited the middle school roof repair
project into the accelerated repair program. The Region has to appropriate $50,000 to conduct a more in-depth
feasibility study. In June, the Regional School Committee, voted to use $50,000 from E&D for this purpose, but
they are required by law to notify the four member towns because it increases their budget even though it comes
from E&D. The local authority has 45 days to approve, reject or take no action. Chairman Dickson believes that
town meeting is the local authority, but the Board is not going to hold a special town meeting to vote on
$50,000. If they do nothing, then that is essentially an approval. There is a bigger question about the scope,
timing and borrowing cost. Selectman Foley asked what the ballpark figure of the total cost and the percentage
of the states reimbursement would be. Superintendent Hoffman said the estimate was $1,620, 500 and with the
grant, the net cost estimate is $1,170,000, not including financing. Brewster’s share would be about $520,000
and would be requested at spring town meeting 2014, but the borrowing would hit fiscal 2016. Selectman
deRuyter asked if the 50K for the feasibility study is reimbursable. A percentage of it is as long as they follow
all the guidelines. The work on the roof would be done next summer. The roof is 17 years old and has leaks.
Statement on Status of Board of Health Litigation
Selectman DeRuyter read the statement for the public. Selectman Hughes said it was a very good statement, but
she thinks the question that continues to be outstanding is whether residents want the Board to pursue an off
leash dog park or not. Chairman Dickson said they voted to form a Dog Park Development Committee with the
intention to pursue it to at least Town Meeting and any plan would still go to town meeting for a vote.
Selectman Foley motioned to adopt the statement as written, Selectman Norton second. The Board voted, 5-
Yes, 0-No. Chairman Dickson explained that if the new regulations they adopted for Drummer Boy are not
satisfactory, the Board will revisit them and possibly restrict it further.
Discussion on Charge of Dog Park Development Committee and Beach Committee
Selectman Foley motioned to approve the draft charge of the Dog Park Committee, Selectman Norton second.
Selectman Norton asked if the Board wants to set a time limit for this committee. Selectman Foley motioned to
amend the draft charge to add a two year lifespan of the committee, Selectman Norton second. The Board voted
5-Yes, 0- No. Selectman deRuyter motioned to adopt the draft charge of the Beach Committee, including the
recommendation by Selectman Hughes to call it the Brewster Coastal Committee, Selectman Foley second. The
BoS Minutes July 22, 2013
Board voted 5-Yes, 0-No.
Review & Approve Executive Session Minutes of June 3, 2013 & Regular Session Minutes of June 17,
2013 & Beach Tour Meeting of June 30, 2013
Selectman Foley said there is one correction on the minutes of June 17th 2013, in the action item section,# 7 the
Womens Golf Association donated $500.00. Selectman deRuyter moved to approve the regular session minutes
of June 3, 2013 as amended, Selectman Hughes second. The Board voted 5-Yes, 0-No. Selectman Norton
moved to approve the executive session minutes of June 3, 2013, Selectman deRuyter second. The Board voted
5-Yes, 0-No. Selectman Foley moved to approve the beach tour minutes of June 30, 2013, Selectman deRuyter
second. The Board voted 5-Yes, 0-No.
Discuss Possible Future Agenda Items
Selectman Hughes asked what will be coming on the next couple of agendas and was there room for anything
additional. Chairman Dickson said they are planning the CDR Maguire presentation on the new fire station, the
LCCAT contract renewal decision, the Comprehensive Water Planning Committee and a review of the Town’s
online programs. He would also like to have representatives from the County come to talk about the charter
revision in September and will need updates on the roads pavement management firms and the solar project.
Additionally, in September, they will begin looking at Fall Town Meeting and budgeting for FY15. The School
Committee will need to come in to discuss the Eddy HVAC & Roof project. There is already a meeting
scheduled for 9/3 and Chairman Dickson added 9/16.
Appointments
Selectman deRuyter moved to appoint Judy Miller to the All Citizen’s Access Committee for a term of 3 years,
expiring June 30, 2016; Peter Herrmann to the Agriculture Commission for a term of 3 years, expiring June 30,
2016; Claire Gradone & Milton Teichman to the Cultural Council for a term of 3 years, expiring June 30, 2016,
Selectman Foley second. The Board voted 5-Yes, 0-No. Selectman Hughes updated the Board that they did
have four people for Health and Human Services. She wondered if there was a way to set up a meeting for them
with the outgoing Chairman, George Pettengill, to pass information because there is so many new people on this
committee. They also still have a need for volunteers on housing, all access and the two new committees.
Action Items
Selectman Foley motioned to approve Action items 1 through 3 as recommended by administration, Selectman
Norton. The Board voted 5-Yes, 0- No. Regarding Action item 4, a request for waiver of beach sticker fees for
Mr. Young’s renters because he lives down by Paines Creek and the parking lot and Creek have been closed for
the culvert construction. Selectman Norton said he cannot support this request. The Town cannot be in the
business of having to mitigate every time we impact something. Chairman Dickson wanted to clarify that there
is foot access to Paines Creek beach for the people who live in that area; there is a foot bridge that was built by
the neighborhood. Selectman Foley stated that this property has direct access out front to the beach and it is
much more private since no one else can use the beach. The construction is not inhibiting their access to the
beach. Selectman Hughes stated that it is an inconvenience for everyone and she can appreciate what Mr.
Young wants, but we would have to make a concession for everyone. The Board will not go forward with this
request.
FYI Items
No questions.
Liaison Reports
Selectman Hughes said that coming up this Wednesday, July 24, the CPC Housing Task Force is holding a joint
BoS Minutes July 22, 2013
meeting as well as the CWPC and the Planning Board. Chairman Dickson said the Planning Board will hear the
application for the solar project at Commerce Park and he hopes it goes favorably. Selectman Norton thanked
all the departments for how well the July 13th Brewster Conservation annual day went; it was a well attended
event. Chairman Dickson said they all received an email blast from MMA regarding the proposed cut in state
aid which is mostly a cut in Chapter 90 funds. Chairman Dickson asked the Board of they would support
sending a letter in to their legislature in support of overriding the cuts. Jillian Douglass will prepare a final draft
and Chairman Dickson will sign it. Selectman Foley motioned that the Board send a letter to the legislature to
override the local aid cuts and that Chairman Dickson be authorized to sign it on behalf of the Board, Selectman
Hughes second. The Board voted 5-Yes, 0-No.
Topics the Chair did not Reasonably Anticipate
Mr. Sumner explained that the Town recently received notice from the State regarding a reduction in the
assessment of land that Nickerson State Park owns. The land worth is assessed for payment of taxes to the
Town and this would be a pretty significant reduction. Dave Tately, Assessor will appeal the judgment.
Selectman Foley motioned to authorize the Town Assessor to appeal the State’s judgment, Selectman deRuyter
second. The Board voted 5-Yes, 0-No. Mr. Sumner added that the Town may want to hire an appraisal service.
Selectman Norton said the state park implemented a $5.00 daily user fee or $35.00 yearly pass , but if you are 62
or older you can get a free State Park pass. The Board thought it may be a good idea to have Eric Levy, the new
Nickerson superintendent and the DCR commission in for a discussion about issues.
Media Questions
None
Future Meetings
August 12, 2013 & September 3 & 16, 2013
Selectman Norton motioned to adjourn at 10:38pm, Selectman Foley second. The Board voted 5-Yes, 0-No.
Respectfully submitted,
Donna J. Kalinick
Administrative Assistant
Approved: _______________ Signed: _______________________________________
Date Patricia Hughes, Clerk of the Board of Selectman
Accompanying Documents in Packet: agenda, update from CAC, current LCCAT contract, update from Captains Golf Course, update
from BNAC, Nauset Middle School MSBA information, draft of Dog Park Committee charge, draft of Coastal Committee charge,
minutes of June 3, June 17 and June 30, 2013, appointments, action items, fyi items
BoS Minutes July 22, 2013
Board of Selectmen
Appointments September 16, 2013
Peter Soule to the Energy Committee for a term of 3 years, expiring June
30, 2016
David Smith to the Dog Park Development Committee for a term of 3
years, expiring June 30, 2016
BREWSTER BOARD OF SELECTMEN
MEETING OF SEPTEMBER 16, 2013
ACTION ITEMS
1. Request for a Second Yard Sale – Marie Sherman of 157 Tubman Road is
requesting permission for a second yard sale. Her first yard sale was August 16 & 17. Her
husband passed away and left a large inventory of collectables. She would like to hold a
second yard sale on Friday, October 18th & Saturday, October 19th.
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
2. Request for One Day Liquor License – The Brewster Chamber of Commerce is
requesting a one day liquor license for Thursday, October 10th from 5:30pm – 7:00pm
for a Chamber Networking meeting at Lemon Tree Village. The cost of the license is
$35.00
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request.
3. Request for Signature –At the Commission’s August 29th meeting the Cape Cod
Commission voted to approve the Cape-wide Fertilizer Management District of Critical
Planning Concern (DCPC) and to forward it to the Barnstable County Assembly of
Delegates as a proposed ordinance for their adoption. The Commission is requesting
support from Cape Towns for the DCPC by sending a letter to the Barnstable Assembly
ADMINISTRATIVE RECOMMENDATION
We recommend the Board vote to approve this request and send the attached letter.
4. Our First PAYT Hardship request – We have received our first request for a waiver from
the PAYT Trash Disposal program. The attached letter (screened to protect
confidentiality) comes from a resident whose husband is disabled and whose sister has
dementia. They requestor is the caregiver for both households which are on fixed
incomes. No one in either household is currently receiving financial aid. The requester’s
household produces approximately 3-4 diapers/day plus other trash. She visits the
Recycling Center every week. She is requesting permission to be allowed to deliver her
waste in regular bags.
ADMINISTRATIVE RECOMMENDATION
Originally, we anticipated a financial hardship policy that would carry the same criteria
as those for the receipt of federal, State and/or local charitable financial aid (i.e.: SNAP,
WIC, AFDC, Lower Cape Outreach, etc.). The requestor appears to be requesting a
hardship waiver in advance of actually having a financial hardship. We recommend the
Board vote to charge a sub-committee to work on the establishment of a more detailed
hardship policies for requests of this nature.
September 16, 2013
Action Items
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FYI ITEMS (MAIL) SEPTEMBER 16, 2013
A. Letter from Brewster Housing Authority to Community Preservation Committee,
re; funding for Brewster Woods
B. Letter from Mr. & Mrs. Earl T. Grue, re; Back Nine Café lease agreement
C. Captains Golf Course Comparison Report for August 2013
D. Minutes of August 13, 2013 Golf Commission meeting
E. Cape Light Compacts July 2013 Energy Efficiency Report
F. August 2013 Natural Gas Energy Report
G. Press Release from Cape Light Compact, re; Advocates for its Residential
Customers to Prevent $20 Million Rate Increase
H. Letter to Representatives Turner & Peake from Thoburn Stamm, re; NSTAR
Spraying
I. Letter from FEMA, re; Provided copy of remaining Flood Risk Datasets and
Products
J. Meeting notes from August 28 meeting of Tri-Town and Stantec, re; Tri-Town
facility decommissioning
K. Copy of Cape Cod Commission’s Cape-wide Fertilizer Management proposed
District of Critical Planning Concern
L. Notice of Waterways License Application by Ocean Edge to construct and
maintain a seasonal dock at Villages Drive
M. Copy of revision of beach maintenance proposal for 268 Breakwater Road
N. Copy of Town’s application for approval by the DPU of a transfer of net metering
capacity to CVEC
O. Documents from LCCAT; bylaw changes and staff information
P. Minutes of August 21, 2013 Recycling Commission meeting
Q. September/October 2013 Cape Cod Children’s Place newsletter (hard copy in
Selectmen’s office)
R. Update on Status of Animal Welfare Account
FYI – September 16, 2013
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