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HomeMy Public PortalAboutCommunity Preservation Committee -- 2014-04-09 Minutes 0 e 1: .,,a 9 Approved: 4/16/14 a s :;, •., s VOTE: 8-0-0 r - I a _ TOWN OF BREWSTER * = a . ^ FINANCE COMMITTEE MINUTES Location: 2198 Main Street, Brewster, MA 02631 Date: April 9, 2014 F;:E 5 ER 10,01 ` LE . Time: 6:00 PM Members present: Mike Fitzgerald, Greg Levasseur, Daniel Guertin, James O'Leary, Susan Ballantine, Herb Montgomery, Dennis Hanson, and Madhavi Venkatesan Attending: Town Administrator Charles Sumner, Larry Greeley, and Board of Selectmen Chair John Dickson and BOS Liaison Ben deRuyter Absent: Nate Pettengill Recording or Taping Notification "As required by the Open Meeting Law we are informing you that the Town will be audio and video taping this public meeting. In addition, if anyone else intends to either video or audio tape this meeting they are required to inform the chair." We request that all cell phones be turned off or to vibrate. The Chair called the meeting to order at 6:00 pm Dan Guertin led the Pledge of Allegiance. There was a moment of silence for the recent tragedy at Fort Hood for those injured and those that lost their lives. 1. Review and Vote Operating Budget Items. —Charlie Sumner Charlie Sumner reviewed changes made to the FY '15 Town Operating Budget. (One committee member arrived following the Building Inspector Wages vote). Motion made by Greg Levasseur to revote FY '15 Fire Department Wages for$1,667,333 with $25,000 from Ambulance Receipts reserved for appropriation and the $1,642,333 to be raised and appropriated. VOTE: 7-0-0 Motion made by Greg Levasseur to approve FY'15 Building Inspector/Historic District Wages for $346,089 to be raised and appropriated. Dan Guerin seconded. VOTE: 7-0-0 Motion made by Greg Levasseur to approve FY '15 Building Inspector/HDC Expenses for$5,840 to be raised and appropriated. Dan Guertin seconded. VOTE: 8-0-0 Finance Committee Minutes April 9,2014 Page 1 of 8 The audit number is a new category this year and in the past has been listed under new policies. There was a review of the liability insurance and the gross number is correct but needs to be apportioned. Worker's Compensation will be on the high end for the next three years. Motion made by Greg Levasseur to approve the FY '15 Liability Insurance expense for$389,325 to be raised and appropriated. Dan Guertin seconded. VOTE: 8-0-0 There was a discussion on the tipping fees. Waste Zero collects the revenues from the sale of the bags and monthly the town transfers the money into the General fund. The waste for the town is collected by Allied Waste and is selected through the County bid process. There was a review of the cost and number of the different sized bags and the SEMASS tipping fee is estimated at $51,450 for FY '15. The sale of the bags will offset the cost of solid waste disposal and after one-year the town will have a good idea of the savings to the town. There was a request to see what pay as you throw does to the bottom line of the solid waste disposal fee. An analysis will be done after the program has been instituted for one year. All of the sub items are in accordance with the current and upcoming contracts. It was suggested that the solid waste disposal be outlined in more detail in the operating budget in the future. The SEMASS fee next year will be going to $60 per ton following negotiation of the new contract. Twelve line items make up the solid waste disposal cost. There was a request for actual sticker sales and projected sticker sales. There was a review of how Waste Zero handles the pay it bags. The town pays for the production of bags to Waste Zero. The money returned to the town is a cost per bag. Waste Zero is on the State bid list and has a contract with the town. Concern was raised about the quality of the bags. Motion made by Greg Levasseur to approve FY '15 Solid Waste Disposal for$230,439. Dan Guertin seconded. VOTE: 8-0-0 Charlie Sumner explained that due to building codes being changed, it is no longer necessary for the person applying for a building permit to notify the Assessor's Office as the Building Department supplies the Assessor's Office with a copy of the permit. Motion made by Greg Levasseur to approve Article 25 Town Code Amendment/Construction Notification as presented and explained. Dan Guertin seconded. VOTE: 8-0-0 2. Review& Vote Cable Franchise Fee Warrant Article. — Larry Greeley Larry Greeley reviewed Article 13 the Cable Franchise Fee agreement. The LCAT performance review is still outstanding and this portion is being held back in the approximate amount of$74,000 for wages and another approximately $74,000 for equipment purchases. The town's last payment to LCAT was through September 2013 and it was decided to withhold further payment pending answers to the town's questions. An audit has been completed and the annual meeting will be held at Nauset on April 10, 2014. We provide Comcast with a statement on what has been paid to LCAT. Information requested for tonight's meeting was not received. Motion made by Greg Levasseur to approve Article 13, the Cable Franchise Fee for$146,079 from Cable Franchise Fees levied on the users. Dan Guerin seconded. VOTE: 8-0-0 Finance Committee Minutes April 9,2014 Page 2 of 8 I 3. Review& Vote Citizen's Petition. —Ronald Beaty Ron Beaty was not present at the meeting. There was a review of Citizen's Petition Article 35 Cape Cod Commission Withdrawal Petition by BOS Ben deRuyter and BOS Chair John Dickson. • It was expressed that with an effective Town Planner and Planning Board the Cape Cod Commission is an unnecessary expense and would like to see this issue on the ballot so the towns' people can decide. • Our appointed representative on the Cape Cod Commission is Elizabeth Taylor. • Concern was raised with the salaries of the Cape Cod Commission employees showing an eight percent wage increase and with the director receiving a ten percent wage increase. • The mission of the Cape Cod Commission has evolved into a countywide regional planning board and could help in the future with wastewater. • Originally,the Commission reviewed large development projects. The role of the Commission seems to have changed and it was the expressed that this expense needs further review. • It was stated that it was disappointing that Mr. Beaty was not present to explain and discuss this Article at either tonight's meeting or at the Board of Selectmen's meeting. • A cost vs. benefit analysis should be done before a good decision can be made and sufficient facts need to be made available and someone with expertise in this area should be consulted. • The town's legal opinion is that this is a citizen's petition and thus it must appear in the town meeting articles but it is the town's legal opinion that it is an unlawful article. This opinion is available online. • It was expressed that further discussion be had on this issue. • It was suggested that the Finance Committee not vote on this issue as the petitioner was not present to debate this issue. • It was requested that a review be completed on how much money has been secured for the town through the Cape Cod Commission. • Elizabeth Taylor will be asked to make a presentation to the Finance Committee at a future date. • It was asked to see if the Cape Cod Commission could be consulted on a per case basis. • There may be a state penalty if the town is not part of a regional board. • It was felt that the state may be more apt to give grants to regional boards. The bill to the Commission is based on town population. • It was recommended that the town's concerns be expressed to the Commission. • It was recommended not to give an opinion on this issue. Motion made by Greg Levasseur for the Finance Committee to have no opinion on Article 35 Cape Cod Commission Membership. Dennis Hanson seconded. VOTE: 7-1-0 4. Review&Vote Citizen's Petition. —Glenda Normand Glenda Normand was not present at the meeting, but Millstone Village Homeowner's Association President, Martin Lucenti and Gus Bentivegna made a presentation on Article 37 Zoning Bylaw Amendment/Docks and Piers. Millstone Village has set up a water quality committee and they have been working with and want to address some of the water quality issues that occur on all of the Town of Brewster's ponds. In the wetland protection bylaws there is a line regarding docks. The zoning bylaws right now are silent on docks. Surrounding towns do address docks in their zoning bylaws. There was review of material distributed to the Finance Committee members on this issue. In installation of a non-conforming dock this bylaw will pertain to the granting of a variance from the wetland protection bylaws. The Planning Board feels that what is Finance Committee Minutes April 9,2014 Page 3 of 8 currently in the bylaws is sufficient. The legal opinion from the town's legal counsel was read. The legal opinion is that this article language is flawed and the article needs a 2/3 vote to pass. The rationale for bringing this article forward is to protect the ponds in making a variance for building a non-conforming dock more difficult and there is a specific concern about dock size. The larger docks increase the usage adversely affecting the water quality of the ponds. The environment is impacted by usage. Mr. Lucenti read his letter on the concerns of the Millstone Village Water Quality Committee. There was discussion on the validity and importance of dock issues. It was expressed that docks are already highly regulated. Concern was raised about the cost to the town in implementing this Article. We must be good stewards of the environment, but because we are a resort town, our water assets are to be used. In 2003, this very language was taken out of the town bylaws and Greg Levasseur reviewed the history of this language. It was felt that this would be a good thing to put back in the regulations. Concern was raised that because this only addresses fresh water ponds that this presents a problem. Support would be given if the language addressed all water docks, not just freshwater. This bylaw will require the applicant to receive two approvals in obtaining a variance instead of one as currently exists. Motion made by Greg Levasseur to approve ATM Article 37 Zoning Bylaw Amendment/Docks and Piers as presented by the petitioners. Dan Guertin seconded. VOTE: 6-2-0 5. Review& Vote Special Town Meeting Articles. —John Dickson BOS Ben deRuyter and BOS John Dickson reviewed the reasons for Special Town Meeting Article 7 Town Government Study with the goal of trying to make the town more transparent. Concern was expressed about why this study is necessary. It is felt that since the Town Administrator will be retiring soon and that the town does not have a charter, that this process is important right now. Everyone has a different definition of"transparency and frustration was expressed about having something on the books for the sake of having something on the books that may be ignored. It was expressed that when things change it can be a good opportunity to make changes but it was felt that this is the responsibility of the Selectmen and should not be outsourced. It was offered that there are other ways to receive organizational expertise such as a Bainbridge approach. Towns that have adopted a town charter go through this process and it was felt that a review from time to time is a good thing. Because only a few town members participate in town government, it was felt that an outside and independent organization to do this would be a better way to go. This $10,000 is just the start of the process and more money will be requested in the future. It was felt that a government study made up of Brewster citizens that help in producing a vision statement and five-year strategic plan while Mr. Sumner is still working for the town to access his institutional memory may be a better approach. We have so many things to address and this does not seem to be the right way to go at this time. It was explained that this study is not a high priority for the town right now, and that the following phases and cost of the phases are unknown. It was hoped that a new and fresh look approach be taken. Motion made by Greg Levasseur to approve STM Article 7 Town Government Study Committee for $10,000 from Free Cash. Dan Guertin seconded. VOTE: 1-7-0 The money for STM Article 8 and $40,000 will come from the Paines Creek Project and $10,000 will come from Water Resources project. The $200,000 grant has been received. Motion made by Greg Levasseur to approve STM Article 8 Coastal Resilience Assessment Grant Program for$50,000 from various other available funding sources as described. Dan Guertin seconded. VOTE: 8-0-0 Finance Committee Minutes April 9,2014 Page 4 of 8 Concern was raised about expenses for road repairs and Nauset Green Repair project and other capital needs of the schools. Because of these unknowns, one Finance Committee member stated that this was the reason for not supporting the Fire Station Design project. It was stated that the money allocated to the road repairs is spent within $100,000 to $150,000 of what is budgeted every year. An update on Chapter 90 funding will be provided to the Finance Committee. The Nauset Regional School District does have a 10-year capital plan and large projects for the Nauset Regional Schools over the next five-year will be paid for out of the Capital Repair Account and no other large projects other than the roof project will be coming before the town. Motion made by Greg Levasseur to approve Article 9 Fire Station Design for$700,000 to be raised and appropriated by a 2 '/2 proposition override. Dan Guertin seconded. VOTE: 6-2-0 STM Article 10 has been pulled from the Warrant due to legal opinion. 6. Review& Vote Town Meeting Articles. —John Dickson John Dickson reviewed the Operating Budget Article 3 Selectmen's Wages and Expenses and Capital Expenditures for FY '15. Motion made by Greg Levasseur to approve FY '15 Selectmen's Wages for$8,000 to be raised and appropriated. Dan Guertin seconded. VOTE:8-0-0 Motion made by Greg Levasseur to approve FY '15 Selectmen's Staff Wages for$56,686 to be raised and'appropriated. Dan Guertin seconded. VOTE: 8-0-0 Motion made by Greg Levasseur to approve FY '15 Selectmen's Educational Reimbursement for $1,000 to be raised and appropriated. Dan Guertin seconded. VOTE: 8-0-0 Motion made by Greg Levasseur to approve FY '15 Selectmen's Expenses for$28,243 to be raised and appropriated. Dan Guertin seconded. VOTE: 8-0-0 There was a motion made last week to not support the reduction in one COA salary. It was explained that this COA salary was reduced by $2,897 and grant money will cover the reduction so there will be no loss in services. Following this explanation, this motion was brought forward. Motion made by Greg Levasseur to approve FY `15 COA wages for$192,202 as printed in the latest version of the warrant to be raised and appropriated. Dan Guertin seconded. VOTE: 8-0-0 7. Review&Vote Additional Town Meeting Articles. —Committee Finance Committee Minutes April 9,2014 Page 5 of 8 Charlie Sumner explained the following town meeting articles. Article 16 allows the Selectmen to temporary borrow while waiting for grant funds and Article 17 allows acceptance of grant proceeds. Motion made by Greg Levasseur to approve Article 16 Temporary Borrowing as presented. Dan,Guertin seconded. VOTE: 8-0-0 Motion made by Greg Levasseur to approve Article 17 Acceptance of Grant Proceeds as described. Dan Guertin seconded. VOTE: 8-0-0 Motion made by Greg Levasseur to approve Article 18 Repair and Resurface Roads Massachusetts Chapter 90 Funds for$319,566. Dan Guertin seconded. VOTE: 8-0-0 Motion made by Greg Levasseur to approve Article 19 Private Road Betterment- Ebenezer Lane for $154,568 from the Road Betterment Revolving Fund Account. Dan Guertin seconded. VOTE: 8-0-0 The Board of Selectmen recommends extending the Tri-town Septage Treatment Plant Agreement through December 31, 2016 when the environmental permit expires. It was felt that residents having their systems pumped need this facility to keep costs down. Expenses will be paid via usage fees. There may be significant failures and repair expenses due to the age of the facility. There was discussion on how much we need this as it has outlived its usefulness and the Town of Orleans does not want Brewster using this facility, however, the current BOS in Orleans are supporting Brewster's use of this facility and the tri-municipal agreement. It was recommended that this be postponed until the fall after Orleans votes on this issue. Motion made by Greg Levasseur to approve Article 27 Inter-municipal Agreement for the Tri-Town Septic Treatment Plant through December 31, 2016 as presented. Dan Guertin seconded. VOTE: 5-3-0 This $25,000 will be added to the $75,000 approved at fall town meeting to dismantle the plant that will be repurposed for repairs giving authorization to the Selectmen up to $100,000 for necessary repairs. Concern was raised about how fast this repair money may need to be spent. There was discussion on the necessity of this facility. Ten million gallons of septage are treated at this facility every year and if Brewster does not have this option, the costs will increase. This is a licensed site and locating another site for this purpose will be very difficult and expensive. Motion made by Greg Levasseur to approve Article 28 Expenses for the Tri-Town Septage Treatment Plant for increase of$25,000 to the stabilization fund for Tri-town Septage as presented. Dan Guertin seconded. VOTE: 5-3-0 Motion made by Dennis Hanson to reconsider the vote on Article 27. Dan Guertin seconded. VOTE: 7-1-0 Chair Fitzgerald asked to revote Article 27 as he changed his mind and feels that the $100,000 should go to dismantling the facility and not for repairs. Finance Committee Minutes April 9,2014 Page 6 of 8 Motion made by Greg Levasseur to vote again Article 27 as presented. Dan Guertin seconded. VOTE: 3-5-0 There was discussion on the Friends of Brewster Elders Thrift Shop relocation and the Friends of Brewster Elders support many programs at COA. It is felt that the total reconstruction project will be about$150,000 and this is the first $50,000. A final plan will be brought to the fall town meeting and this project is necessary for the potential of tearing down the Water Department building and the proposed building of a new fire station. Motion made by Greg Levasseur to approve Article 8,Item la Thrift Shop Building Repair Renovation project for $50,000 from Free Cash. Dan Guertin seconded. VOTE: 8-0-0 Motion made by Greg Levasseur to approve Article 8, Item lb Crosby Mansion Septage System Loan Payment for$32,500 from other available funds. Dan Guertin seconded. VOTE: 8-0-0 The Town Facilities Maintenance Repair Project money will be used for miscellaneous repairs in the maintenance of town facilities. Motion made by Greg Levasseur to approve Article 8, Item lc Town Facilities Maintenance and Repair Projects for$7,500. Dan Guertin seconded. VOTE: 8-0-0 It was recommended to look into adding natural gas to the new station as an alternative fuel. This needs to be done whether the Fire Station is built or not. It is hoped to build a new fuel tank station behind the Police Station. Motion made by Greg Levasseur to approve Article 8, Item ld Fuel Tank Engineering and Design Expense for$5,000. Dan Guertin seconded. VOTE: 8-0-0 The amount of sand that will be necessary next year depends on the severity of the weather. Repairs at Paines Creek Culvert project may come in under funds available, but this is not certain. Sand has been brought in to the Paines Creek beach and when this is complete, the circle at Paines Creek will be paved and parking configuration will be redesigned. The old road that ends at the culvert will be part of the road repair and should be done in May. The money in Article 8, Item 1 e may not need to be spent and if not will remain in a beach repair account. Motion made by Greg Levasseur to approve Article 8, Item le Beach/Landing Repairs for$5,000. Dan Guertin seconded. VOTE: 7-1-0 Motion made by Greg Levasseur to approve Article 36 Brewster Energy Advocate as presented. Dan Guertin seconded. VOTE: 0-6-2 Finance Committee Minutes April 9,2014 Page 7 of 8 There was no vote on ATM Article 2, Brewster Elementary School Budget due to the uncertainty of final budget number. 8. Sub Committee Update. Greg Levasseur There was no Sub Committee update. 9. Report BOS & Liaison Reports. There were no BOS or Liaison Reports. 10. Approve Minutes March 26 and April 2 Meeting. Due,to the hour, the minutes were not reviewed or voted. Topics the Chair did not reasonably anticipate. There was discussion on recent treatment of Fire Chief Moran at a recent Selectmen's meeting. It was decided to have the Finance Committee watch the Selectmen's meeting of March 31, 2014. Concern was raised,that this was not the purview of the Finance Committee and the bylaws and video need to be reviewed. The motion made by Herb Montgomery and seconded by Dan Guertin to offer a vote of confidence to Fire Chief Moran was withdrawn. After more research, this motion may be brought forward again at the April 16, 2014 meeting. Motion made by Greg Levasseur to adjourn the meeting at 9:01 pm. Dan Guertin seconded. VOTE: 8-0-0 Respectfully submitted, 9. r Donna J. Moberg, Recording Secretary Finance Committee Minutes April 9,2014 Page 8 of 8