← Brewster Select Board

Brewster Select Board · 2021–2022 Board · Regular meeting

January 31, 2022

8 recorded votes, 2 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Cynthia Bingham, David Whitney, Mary Chaffee, Kari Hoffmann, Ned Chatelain

Absent: None

During the meeting:

  • Mary Chaffee left the meeting.
  • Mary Chaffee left the meeting.
  • Mary Chaffee joined the meeting.

Every vote, in order

Approve deficit spending on the snow and ice removal account per the DPW request

Minutes, page 2

ApprovePassed · Unanimous, 5 present

To approve deficit spending on the snow and ice removal account per the DPW request

From the minutes

“Selectperson Chatelain moved to approve deficit spending on the snow and ice removal account per the DPW request .Selectperson Chaffee second . A roll call vote was taken .Selectperson Hoffmann - yes, Selectperson Chaffee -yes, Selectperson Whitney-yes, Selectperson Chatelain -yes, Chair Bingham -yes .The vote was 5 -Yes, 0- No.” (Motion: Chatelain, second: Chaffee)

Read it in the official minutes, page 2 (PDF)

Approve the consent agenda items- appointment of Jordan Frisbie - Probationary Police Office ;John McLaughlin - Bikeways Committees and Susan Barker- Board of Assessors . i

Minutes, page 2

AppointPassed · Unanimous, 5 present

To approve the consent agenda items- appointment of Jordan Frisbie - Probationary Police Office ;John McLaughlin - Bikeways Committees and Susan Barker- Board of Assessors . i

From the minutes

“Selectperson Chatelain moved to approve the consent agenda items- appointment of Jordan Frisbie - Probationary Police Office ;John McLaughlin - Bikeways Committees and Susan Barker- Board of Assessors . i Selectperson Chaffee second .A roll call vote was taken .Selectperson Chaffee -yes, Selectperson Whitney- 3 yes, Selectperson Hoffmann -yes, Selectperson Chatelain -yes, Chair Bingham -yes .The vote was 5 -Yes, 0- No.” (Motion: Chatelain, second: Chaffee)

Read it in the official minutes, page 2 (PDF)

Appoint Rheanna Hastings to the Zoning Board of Appeals as Alternate member

Minutes, page 2

AppointFailed · 1–4

To appoint Rheanna Hastings to the Zoning Board of Appeals as Alternate member

Yes: ChatelainNo: Bingham, Chaffee, Hoffmann, Whitney

From the minutes

“Selectperson Chatelain moved to appoint Rheanna Hastings to the Zoning Board of Appeals as Alternate member .Selectperson Chaffee second .A roll call vote was taken .Selectperson Chaffee -no, Selectperson Whitney- no, Selectperson Hoffmann -no, Selectperson Chatelain -yes, Chair Bingham -no.” (Motion: Chatelain, second: Chaffee)

Read it in the official minutes, page 2 (PDF)

The meeting minutes for January 24 as amended

Minutes, page 3

ProceduralPassed · Unanimous, 5 present

To the meeting minutes for January 24 as amended

From the minutes

“Selectperson Chatelain moved to the meeting minutes for January 24 as amended .Selectperson Chaffee second .A roll call vote was taken ,Selectperson Hoffmann ,-& yes, Selectperson Chaffeet,,yes, Selectperson Whitney,,, yes ,Selectperson Chatelain ,,, yes, Chair Bingham ,,, yes.” (Motion: Chatelain, second: Chaffee)

Read it in the official minutes, page 3 (PDF)

Approve the Common Victualler License for Ack Gioia , LLC at 302 Underpass Road

Minutes, page 3

ApprovePassed · 5–0

To approve the Common Victualler License for Ack Gioia , LLC at 302 Underpass Road

The roll call lists David Whitney, Kari Hoffmann, Ned Chatelain and Mary Chaffee twice. Showing the count only.

From the minutes

“Selectperson Chatelain moved to approve the Common Victualler License for Ack Gioia , LLC at 302 Underpass Road .Selectiperson Chaffee second .A roll call vote was taken ,Selectperson Chaffee ,,, yes, Selectperson Whitney,,, yes ,Selectperson Hoffmann ,,, yes, Selectperson Chatelain ,,, yes, Chair Bingham ,- oyes . The vote was 5,-, Yes, 0 ,,, No . Update on Development of SamYear Community Preservation Plan and Potential Warrant Article and Ballot Question Seeking to Amend the CPA Allocation Formula EMONIF Faythe Ellis ,Community Preservation Committee Chair ( Select Board FY22m23 Strategic Plan Goal CC4 ) o Of g1 U6q a9 ± /°' Select Board 3 P v = Brewster, MA 026314898 Fayth Ellis invited everyone to the February 9, 2022 ,meeting at 4pm which will be a forum about the 5 -year Community Preservation Act plan that the committee has been working on for the past 5 + months . Ms .Ellis noted that the committee hired consultant Jennifer Goldson to help develop the 5 -year Community Preservation Act ( CPA ) plan ,the purpose of the plan is to provide a framework for the committee in making future funding recommendations to Town Meetings for CPA eligible open space ,housing, historical ,and recreation projects .As part of this plan development, the Committee asked Ms .Goldson to include discussion about possible changes to the Town 's CPA bylaw, which prescribes how CPA annual revenue is allocated to each of the CPA categories .The Community Preservation Committee will provide recommendations to the Select Board regarding changes to the bylaw in the final plan .At the Feb 9th meeting, Ms .Goldson will review the plan developing process to date as well as the current iteration of the plan that the committee has been working on . Included will be possible recommendations to the CPA allocation formula . Mr .Lombardi noted that in anticipation of the Community Preservation Committee recommended changes to the allocation formula ,the Town has been communicating with Town Counsel .Noting that Town Meeting voted to adopt the CPA statute in 2004 and at the same time ,in a subsequent article created the Community Preservation Committee and established our unique funding formula .Information from 2004 is included in the meeting packet for reference .Changes to funding formula will require action by Town Meeting in form of a warrant article ,it needs to be determined if a ballot question is also needed based on the way in which we adopted the statue and codified the formula in our bylaws . Mr .Lombardi noted that we expect to have resolution in the next few weeks from Town Counsel .Mr .Lombardi continued that if we were to bring this initiative forward to voters, the earliest it would happen is FY24 and would not impact FY23 at all .Noting that there will be further approvals at the State level needed , particularly with a bylaw, it will require standard review and approval by the States Attorney General 's office .Once the plan is completed, the warrant article to change the funding formula would be a Select Board article on the recommendation of the Community Preservation Committee . Presentation on Barnstable County American Rescue Act Plan Funding and Discuss Brewster Priorities Select Board FY22- 23 Strategic Plan Goal G -8 ) Selectperson Chaffee recused herself from the discussion because she holds elected positions in both Barnstable County Government and Brewster Town Government; she noted that she will be able to participate in discussions and votes in how the Town of Brewster will use the ARPA funds provided directly to the Town .Selectperson Chaffee left the meeting . Beth Albert ( County Administrator) and Vaira Harik ( Assistant County Administrator )joined the meeting to talk about the ARPA funds that both the County and Brewster are recipients of. The Board of Regional Commissioners initiated a public engagement process and tasked Barnstable County with administrating the survey to gain the perspective of citizens, stakeholders and Town elected and appointed officials in how to get the best use of these funds .Ms .Albert noted that these are once in a lifetime funds and the County wants to make sure they are used to the best and have the greatest impact .The County has been allocated 41 .3M in direct ARPA funds and Brewster over $ 01111111111111ll/iiiiiiiii,, Town f Brewster Office of: 3 a a = Brewster, MA 02631 -1898 iinriinnniiiunmo The Board of Regional Commissioners set forth priorities on how they would like to see ARPA funds spent on regional projects, these primarily have to do with infrastructure, water, sewer, broadband ,and public health in addressing the negative economic impact of Covid . Ms .Albert noted that as this afternoon the County has received over 4,500 responses of this total 352 were from Brewster residents .It was noted that the survey questions where structured into the following categories, which are the same as the US Treasury eligibility categories, infrastructure, public health ,addressing negative economic consequences of Covid ,community services ( notably affordable housing )and other community services associated with childcare and other economic impacts, premium pay to essential workers, and revenue replacement to local government .Ms . Harik noted that the responses from Brewster residents are similar to other Town responses in stating that priority is in investment of infrastructure, namely water, sewer, broadband , ( 63 %of responses )and second was for affordable housing at 44% of responses . Ms . Harik recognized that the way in which the Board of Commissioners will prioritize and act upon allocating the funding to various priorities is the big question .They have also set forth priorities :water, sewer, and broadband ( on a regional basis )followed by public health and then negative economic consequences and lastly premium pay and revenue replacement for local governments .The Board will take into consideration the results of the survey to help make these decisions .The results of some of the questions from Brewster residents were . Would you prefer the County funding, $ 41M to be exclusive on regional projects -21 %were in favor . Should the funding be divided by each Town based on population -11 %were in favor . o Majority wanted to see a combination of the two . In terms of how the Board of Commissioners were to consider the allocation of the funds to Towns@ 70 % indicated they would like to see a base amount to each Town plus additional funds based on population ,18 %wanted to see funds allocated by population only and 12 %were unsure or didn 't know . The survey will close on February 11th at which time the results will be summarized and presented to the Board of Commissioners and then become public . Mr .Lombardi addressed the fact that after the County put the survey together, the US Treasury issued their final guidance, which was fundamentally different then its interim rule .One key change for eligible uses was the expansion for revenue replacement for local government, basically allowing expenditure for up to $ for general municipal purposes, services, or capital .For Brewster we have a 5 -year Capital plan and have specific needs with top priorities for the funds that we have control over, the $ 1M ,however there are extensive capital needs beyond that, which will require issuance of debt .Mr .Lombardi pointed out that the Towns are more aware of their needs and should have decision making authority over how the funds would i be best allocated and in a timely manner .These funds have been with the County for well over 6 months and there still hasn 't been any determination on how they will be allocated .With the way the final rule was written ,the timelier the decision is made, the better . Mr .Lombardi has been in contact with other Town Officials and understands that this is in line with the feedback they have given to the County as well . Doc ID ; cb9cb7a10e59e2a7827e20c253fb503a54dlff42 1111111111111111 Town o Brewster co IN Phone : ( Mr .Lombardi expressed that while we agree that infrastructure should be at the top of the list for funding, Brewster doesn 't necessarily have capital needs specific to water and broadband , noting that we aren 't currently building any sewer like some of our neighbors, so expenditure of these funds for that purpose doesn 't fit our needs and priorities . Also pointing out that revenue replacement, which seems to come at the bottom of the list, may not have been best explained that these Federal funds can be spent on any town infrastructure or other service areas , Brewster sees the potential need to invest locally in our social service agencies, local housing, and water quality initiatives . The members of the Select Board agree with Mr .Lombardi 's comments . Selectperson Hoffmann offered a suggestion of switching the process, that the funds are allocated to the Towns and the County offers regional projects that each Town then can decide if they want to participate . Ms .Albert expressed that the County has been very cognizant that the final rule was not out prior to the survey and that part of the reason decisions were not made quickly was due to the final ruling not being released and partially because of the opportunities the County has with the award that was made to the County .Following the public comment period ,the Commissioners and stakeholders will be providing a much more articulated response as far as what the critical regional projects are that the County is considering . Mr .Lombardi voiced that part of the challenge for us is that it is hard to provide feedback to the County relative to the funds staying at the County level if we don 't know what regional initiatives are under consideration .We don't necessarily have the same priorities as many of our neighbors do ,Relative to the last question on the survey whether the funds would be allocated based on population or base population plus model ,we don 't know today if we feel strongly one way or another as Brewster has about 50% population that are second homeowners, per our census numbers we are just over 10,000 in population ,and in peak summer we are closer to 30,000 . We would have to see what that would look like before we would be able to weigh in , Funds allocated to the Towns directly in some form would be the best use . Selectperson Hoffmann added that population plays a large role in projects, each Town knows what needs to be done across their population ,not just per person , but the whole area ,Selectperson Hoffmann commented if a survey within our own community would be helpful so residents understand the decisions being made would affect the funds available to spend in Brewster . Adding that although there is a good response with the survey, when you think of the total population of the Cape, the 352 of the residents in Brewster may not be a high percentage . Ms .Harik commented that this is an interesting point and she has heard the same at other meetings with Towns that their population is not being representative with the results of the survey . Mr .Lombardi will draft a letter on the Boards' behalf reflecting the discussion and policy direction that has been provided and will submit before the Feb . 11th deadline . 1 Selectperson Chaffee rejoined the meeting . DillIIIIIIII1111 Town Brewster o t 1D6" 9 F9 ° 3 a = Brewster, MA 026314898 Review and Vote on Proposed 2022 Captain' s Golf Course Rates ,Change to League Membership Requirements ,and Tee Time Allocation Formula ( Select Board FY22 -23 Strategic Plan Goal CI -2 ) Mr .Lombardi noted that this agenda item picks up from the December 201h meeting, the most important goal that relates back to this discussion is the agreement and interest in transitioning the Golf Department to an enterprise fund for FY23 .Over the past several weeks, Town Administration and the Finance team has worked with the Golf Department staff to refine the FY23 budget to better understand the expense increases and to update the 5 -year Capital plan so that the capital expenses in the near term are clear, not to just develop a sustainable operating budget but also because ultimately, they are one of the factors that are accounted for in the tee time allocation formula . One major change made is the inclusion of a new line item funded at $ 400,000 for next fiscal for capital stabilization ;this would be a transfer to capital stabilization .Mr. Lombardi noted that we would have a warrant article at Town Meeting this spring to create the capital stabilization fund and then there would be funding in next year' s golf budget in that amount to begin to build up the fund . In this instance it achieves the following goals . To transition to an Enterprise Fund ,the Department of Revenue ( DOR ) has to approve the golf department budget as part of the recap that our Finance Director submits when we certify the tax rate .The DOR will look at the budget both on the revenue and expense side ;we can 't show a significant surplus as part of the process .The DOR is essentially looking for the fees/ revenue that are collected to cover the costs of operation .Based on the rate increases that the Golf Commission had recommended last month ,which we haven 't made any changes to, next year' s budget was originally showing a surplus of over $ 500,000, this is almost 15 %of the operating budget . The net effect of adding this appropriation to the operating budget is to reduce the surplus down to a more manageable level about $ 200,000 or 5 % of the FY23 budget . With significant capital projects, mainly the maintenance facility and upgrades/ replacements to the irrigation system on all 36 holes, it makes sense to appropriate funds to help cover some of these costs .These will be coming online in 2 -3 years, and we could use the funds to pay down some of the initial costs of the projects or to avoid issuing debt altogether . Anticipate debt coming online in FY25 primarily for the irrigation study and potentially for the maintenance facility, the two of these combined are roughly a little over $ 450,000 a year . Creating this capacity in this coming years operating budget will allow us to shift in FY25 once the debt comes online ;that amount will be taken up by the debt and the capital stabilization will drop off or be significantly reduced and there won 't be a need to make any significant increases to the rates when the debt comes online .At the same time ,we will be able to continue to fund the remaining capital in smaller capital items with retained earnings . Funding the capital stabilization account in the operating budget means that those funds are transferred to that account at the start of the fiscal year. They are available for appropriation by Town Meeting in the fall at the Special Meeting, where if they had just remained as a projected revenue and closed out as surplus, that process for the same fiscal would have to close out in June of 2023 ,be certified by the State that summer, and then would be available for appropriation in Fall of 2023 .Essentially you will have a year sooner access to be able to expend those funds .Town Meeting approval of the expenditures from capitalization require a 2/ 3 vote not a simple majority, but Town VtlElllw&,%% 3 A a = Brewster, MA 026314898 MeetingMeeting would also require 2/ 3 vote for any debt that would be issued and so it really wouldn 't' be a higher quantum of vote ,because we would presumably be using these funds for projects that would otherwise require debt to be issued . Selectperson Whitney asked about the rates; the early resident rate is increasing by 18 .7%, but the unrestricted nonresident rate is increasing by 14 .1 %, what is the logic where non -Brewster residents have a lower increase than Brewster residents ? Mr .Packett responded that there was no exact science in this decision ,that the ultimate goal was to make the rates a little higher to cover upcoming capital cots as well as create a differentiation in the resident category between early and morning rates .The difference in rates in 2021 was only $ 175 . Ms .O' Connell commented that there was no discussion about percentage increase , there was a goal to make a differential between the early rate and the morning rate something substantial . Selectperson Hoffmann asked for explanation of the non -member and member rates for 2021, as there are no comparative rates for previous years . Ms .O' Connell responded that prior to this time they have only had the same percentage increase across the board .Prior rates have been provided in previous meeting documents, noting that there tended to be a 3 -5 % the increase for the majority of the members and for the 2020 golf season it was 5 % .Selectperson Hoffmann asked if in other previous years there was a 0% increase , believes it is important to know if there haven 't been big rate changes in previous years .Ms .O 'Connell confirmed this and noted that there was not data to support significant rate increases . Adding that membership numbers were flat, rounds played were decreasing, and basically, they were trying to keep head above water and cover expenses . Mr .Lombardi conveyed that if the Board were to adopt this rate structure based on the fact that we now in the next years budget, have this new funding for capital and/ or debt, we think that at least for the foreseeable future there will not be the need to increase rates to this extent .Noting that this is a onetime correction and would align revenues with expenses to include capital . Chair Bingham stated she feels it is very unfair that the resident rate is higher than the non -resident rate, unfortunate the Golf Commission didn 't find a way to work it out .She thinks there will be a lot of residents who will be unhappy, percentage wise ,that they are paying more than the non -resident . Selectperson Chaffee agrees with the Chair, respects that a lot of time and effort goes into doing the math and crafting the formulas and budget preparation ,wondering is there a way to go back to re -work the math so that the percent increase is uniform for both populations . Selectperson Whitney referenced the chart on page 183 of the packet, which is the new proposed rate recommendations for 2022, would like to make a motion with three modifications : 1 . The unrestricted non -resident rate for 2022 be $ 2, 080 which is an increase of $ 328 over last year and 18 .7 % over last year .So equal to the resident percentage increase 2 . The Junior ( ages 1248 )category be frozen at 2021 rates . 3 . There be no increase in this junior category . M IIIiIII1IIII111111///////// ftE wSp Office Of: 3 a = Brewster, MA 026314898 1%18 PORP Selectperson Chaffee second .A roll call vote was taken .Selectperson Chaffee -yes, Selectperson Chatelain - yes, Selectperson Whitney-yes, Selectperson Hoffmann -yes, Chair Bingham -yes .The vote was 5 -Yes, 0- No.” (Motion: Chatelain, second: Chaffee)

Read it in the official minutes, page 3 (PDF)

Approve the recommendation

Minutes, page 9

ApprovePassed · Unanimous, 5 present

To approve the recommendation

From the minutes

“Selectperson Whitney moved to approve the recommendation . Selectperson Chatelain second .A roll call vote was taken .Selectperson Chaffee -yes, Selectperson Chatelain -yes, Selectperson Whitney-yes, Selectperson Hoffmann - yes, Chair Bingham -yes .The vote was 5 -Yes, 0- No.” (Motion: Whitney, second: Chatelain)

Read it in the official minutes, page 9 (PDF)

That the Board set the 2022 tee time allocation at 37 .4% as presented

Minutes, page 10

ApprovePassed · Unanimous, 5 present

That the Board set the 2022 tee time allocation at 37 .4% as presented . Mr .Lombardi remarked that the tee time allocation is revisited usually in the Spring once the actuals are known ,particularly given the fact that we are asking members to take on these rate increase, it makes sense the formula or the allocation as voted on tonight should remain in place and won 't be a revisited ,so that members have the guarantee of access to the course at this percentage

From the minutes

“Selectperson Whitney moved that the Board set the 2022 tee time allocation at 37 .4% as presented . Mr .Lombardi remarked that the tee time allocation is revisited usually in the Spring once the actuals are known ,particularly given the fact that we are asking members to take on these rate increase, it makes sense the formula or the allocation as voted on tonight should remain in place and won 't be a revisited ,so that members have the guarantee of access to the course at this percentage . Selectperson Chatelain second .A roll call vote was taken .Selectperson Chaffee - yes, Selectperson Chatelain - yes, Selectperson Whitney-yes, Selectperson Hoffmann -yes, Chair Bingham -yes .The vote was 5 -Yes, 0- No.” (Motion: Whitney, second: Chatelain)

Read it in the official minutes, page 10 (PDF)

Adjourn at 7 : 37pm

Minutes, page 11

ProceduralPassed · Unanimous, 5 present

To adjourn at 7 : 37pm

From the minutes

“Selectperson Chaffee moved to adjourn at 7 : 37pm . Selectperson Hoffmann second .A roll call vote was taken . Selectperson Chatelain -yes, Selectperson Chaffee -yes, Selectperson Whitney-yes, Selectperson Hoffmann - yes, Chair Bingham -yes .The Board vote was 5 -Yes, 0- No.” (Motion: Chaffee, second: Hoffmann)

Read it in the official minutes, page 11 (PDF)

From the Brewster Select Board’s official minutes, posted in the town’s online records archive. We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Town of Brewster (Select Board and Staff Biographies page).

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