Brewster, Massachusetts · • 2% are 50 to 64 years old • (fy15 statistics) general information...

BREWSTER COUNCIL ON AGING’S

MISSION STATEMENT:• THE MISSION OF THE BREWSTER COUNCIL ON

AGING IS TO ENHANCE THE DIGNITY AND WELL-BEING OF BREWSTER ELDERS.

• THE STAFF OF THE COUNCIL ON AGING IS AVAILABLE TO LINK OUR SENIORS TO OUR SERVICES AND GIVE SUPPORT WITH THE RESOURCES IN OUR COMMUNITY.

GENERAL INFORMATIONWHO IS USING THE CENTER?

• CURRENTLY, THERE ARE 5,810 SENIORS IN OUR DATABASE (2/2/16)

• 729 SENIORS USED 11,164 UNITS OF SERVICE• AGE BREAKDOWN:• 69% ARE WOMEN AND 31% ARE MEN.• 30% ARE OVER 85,• 19% ARE 65-69,• 18% ARE 70-74,• 16% ARE 75-79• 15% ARE 80-84• 2% ARE 50 TO 64 YEARS OLD• (FY15 STATISTICS)

GENERAL INFORMATION

• OUR BUS DRIVES APPROXIMATELY 100 MILES PER DAY, 5 DAYS PER WEEK, WHICH AVERAGES OUT TO BE 26,070 MILES PER YEAR.

• THE BUS IS A 2011 FORD 12 PASSENGER BUS CURRENTLY HAS 92,147 MILES.

GENERAL INFORMATION

• TELEPHONE CALLS: 4,686 CALLS TO THE CENTER IN 2014

• WE AVERAGE APPROXIMATELY 5,000 CALLS FOR THE PAST 5 YEARS

OUTREACH/ADVOCACY

• GENERAL INFORMATION/SERVICES: 79 PEOPLE USED 139 UNITS OF SERVICE

• CASE MANAGEMENT/ADVOCACY: 295 PEOPLE USED 558 UNITS OF SERVICE

OUTREACH/ADVOCACY

• HEALTH BENEFITS COUNSELING (SHINE): 191 PEOPLE USED 236 UNITS OF SERVICE, WHICH

• INCLUDING A SAVINGS OF $165,107.70 DURING OPEN ENROLLMENT IN 2014.

• THIS AVERAGES OUT TO BE A SAVINGS OF $864./PER SENIOR.

PROFESSIONAL SERVICES

• INDIVIDUAL AND/OR GROUP SUPPORT: 226 UNITS OF SERVICE

THIS INCLUDES:• BANKING ASSISTANCE WITH CAPE COD

5,• FINANCIAL MANAGEMENT,• LEGAL ASSISTANCE• MEETINGS WITH REPRESENTATIVE TIM

WHELAN.

SUPPORT SERVICES

• FOOD SHOPPING ASSISTANCE: 687 UNITS OF SERVICE, WHICH AVERAGES OUT TO BE 13 SHOPPERS PER WEEK.

• ORLEANS DAYCARE: 1,167 UNITS OF SERVICE

SUPPORT SERVICES

• MEDICAL EQUIPMENT LOAN: 460 PIECES, WHICH AVERAGES OUT TO BE APPROXIMATELY 10 PIECES PER WEEK.– CANES– COMMODES,– CRUTCHES– SHOWER SEATS– WALKERS– WHEELCHAIRS – BEACH WHEELCHAIRS

SUPPORT SERVICES

• TRANSPORTATION: 4,657 UNITS OF SERVICE

• NEWSLETTER: 66 UNITS OF SERVICE

SUPPORT SERVICES

• ALZHEIMER’S CAREGIVERS SUPPORT WITH MOLLY PERDUE & ANGELCARE SUPPORT FOR ALL CAREGIVERS WITH DEB JOHNSON

• 75 UNITS OF SERVICE

WELLNESS• HEALTH SCREENING (HEARING &

SKIN): 21 UNITS OF SERVICE

• FITNESS/EXERCISE: 45 PEOPLE USED 115 UNITS OF SERVICE

• HEALTH EDUCATION & SCREENING: 41 UNITS FOR BLOOD PRESSURE AND GLUCOSE TESTING

WELLNESS

• CONGREGATE MEALS: 32 PEOPLE USED 1,267 UNITS OF SERVICE

• HOME DELIVERED MEALS: 32 PEOPLE USED 7,601 UNITS OF SERVICE

• TOTALING 175 MEALS PER WEEK

WELLNESSTOWN NURSE

• VISITS BREWSTER SENIORS ON MONDAYS

• CURRENTLY VISITS 19 SENIORS

• PROVIDES MEDICATION REFILLS

• WELLNESS CHECKS

• BLOOD PRESSURE MONITORING

• GENERAL HEALTH ISSUES COORDINATION WITH THE SENIOR’S DOCTOR.

RECREATION/SOCIALIZATION

• 229 PEOPLE USED 2,586 UNITS OF SERVICE

– BREWSTER MEN’S COFFEE CLUB

– WONDERFUL OLDER WOMEN’S GROUP

– QUILTERS, BRIDGE, CRIBBAGE, POKER, SCRABBLE, ETC.

– ALONG WITH SOCIAL EVENTS

CULTURAL EVENTS

• 62 PEOPLE USED 81 UNITS OF SERVICE

COMMUNITY EDUCATION

• 324 PEOPLE USED 680 UNITS OF SERVICE

– INFORMATIVE PRESENTATIONS

– COMPUTER HELP WITH PAUL ALT

– COMPUTER’S USER’S GROUP WITH PETE SCHEFFER.

VOLUNTEERS

• DURING FY15, 5,198 HOURS OF

VOLUNTEER TIME WAS GIVEN BY 103VOLUNTEERS.

VOLUNTEER HOURS MAKE UP• OFFICE ADMINISTRATIVE SUPPORT • COA BOARD MEMBERS, COA INSTRUCTORS, • FOBE BOARD MEMBERS• FOOD DELIVERY, HELPERS• HOLIDAY BAZAAR WORKERS, • MEDICAL DRIVERS,• MEALS ON WHEELS DRIVERS, • NEWSLETTER• SHINE COUNSELORS• SPECIAL EVENTS & THRIFT SHOP WORKERS.

FRIENDS OF BREWSTER ELDERS(FOBE)

• WE ARE VERY LUCKY TO HAVE THE FRIENDS GROUP TO SUPPORT OUR BREWSTER SENIORS AND ALSO BY DONATING ITEMS TO THE SENIOR CENTER.


• THE THRIFT SHOP (LOCATED AT THE OLD WATER DEPT. BUILDING) BRINGS IN APPROXIMATELY $20,000. - $25,000 PER YEAR. THIS YEAR, THEY BELIEVE THEIR TOTAL WILL BE $27,000.


• CURRENTLY, THERE ARE 505 FOBE MEMBERS. THERE IS AN ANNUAL FEE OF $10.00, WHICH ALLOWS THE SENIOR TO RECEIVE THE MONTHLY NEWSLETTER AND DISCOUNTS TO 4 FOBE SPONSORED SOCIAL LUNCHEONS.

ITEMS THE FRIENDS HAVE DONATED

• RENOVATIONS TO COMPUTER ROOM $10,209.

• DODGE MEDICAL VAN$10,000.

• STORAGE SHED FOR MEDICAL EQIUPMENT$7,533.

• ELDER SERVICE’S MOW PROGRAM$7,800.

ITEMS THE FRIENDS HAVE DONATED

• HARWICH COMPASS VNA CENTER $4,000.

• DISHWASHER $3,728.

• RUGS $2,902

• MOBI-CHAIR $2,219.

• COMPUTERS $1,783.

OTHER THINGS THE FRIENDS HAVE DONATED

• FUEL ASSISTANCE,• SOUND SYSTEM, PROJECTOR, TV• TRIAD RESPONSE TECHNOLOGY• DONATIONS TO FRIENDS OF CROSBY

MANSION,• BREWSTER IN BLOOM,• HOSPICE & VNA,• AND THE LIST GOES ON.

FY16 COA STAFFING

FULL TIME POSITONSDIRECTOR SENIOR DEPT. ASST. FT BUS DRIVERFT RECEPTIONIST( shared by 2 people)

FY16 COA STAFFING

DIRECTOR

• 35 HOURS PER WEEK

• $59,903.42 PAID FOR BY THE TOWN

FY16 COA STAFFING

SENIOR DEPARTMENT ASSISTANT • 35 HOURS


FY16 COA STAFFING

FULL TIME BUS DRIVER

• 40 HOURS


FY16 COA STAFFING

FULL TIME RECEPTIONIST(SHARED BY 2 PEOPLE)

• 15 HOURS = $10,948.98 TOWN FUNDED• 4 HOURS = $2,919.73 GRANT FUNDED• 16 HOURS = $7545.60 * ELDER SERVICES* 4 yr grant position will be terminated 4/16/16

• TOTAL 35 HOURS

FY16 COA STAFFING

FULL TIME LONGEVITY BENFITS

$900 FUNDED BY THE TOWN

FY16 COA STAFFING

PART TIME POSTIONS

• PT OUTREACH WORKER• PT OUTREACH WORKER• PT BUS DRIVER• PT VOLUNTEER/ PROGRAM

COORDINATOR

FY16 COA STAFFING

PT OUTREACH WORKER• 19 HOURS • $17,144.23 FUNDED BY TOWN

PT OUTREACH WORKER• 19 HOURS • $18,358.86 FUNDED BY TOWN

FY16 COA STAFFING

PART TIME BUS DRIVER

• 8 HOURS FUNDED BY TOWN= $8,278.40

• 8 HOURS FUNDED BY GRANT = $6,656.00

FY16 COA STAFFING

PT VOLUNTEER/PROGRAM COORDINATOR

• 21 HOURS

• $17,472.00 GRANT FUNDED

FY16 COA STAFFING

TOWN FUNDED• 171 HOURS $196,929.43

GRANT FUNDED • 33 HOURS $27,047.73

ELDER SERVICES FUNDED• 16 HOURS $7545.60

FY16 COA STAFFING

• 5,198 VOLUNTEER HOURS• 2,448 GRANT HOURS

(49/HRS X 52WKS)

• 7,746 TOTAL HOURS

• $116, 196 TOTAL SAVING TO THE TOWN

( 7,746 Hrs X $15/ Hr no benefits included)

FULL TIME FRONT DESK POSITON BREAKDOWN

• $665 PER WK = $19 ( HOURLY) X 35 HRS

• $34,713 SALARY = 52.2 WEEKS X $665• $15,945.65 BC/BS FAMILY PLAN (12/17

Per Lisa Vitale)

• $503.34 FICA ( 12/17 per Lisa Souve)• $7500 PENSION (12/17 Per Lisa

Vitale)• $58,661.99 TOTAL NEEDED

FULL TIME FRONT DESK POSITON BREAKDOWN

• $58,661.99 TOTAL NEEDED FOR POSITION

• - $10,907.19 FY17 SALARY PAID BY TOWN

• $47,754.80 ADDITIONAL FUNDS REQUESTED

2 BUDGET PRESENTATIONS

1. GENERAL FY17 BUDGET

2. TOWN FUNDED FRONT DESK POSITION

BUDGET #1GENERAL FY17 BUDGET

• R&M OFFICE/EQUIPMENT: DECREASE TO $2,500.

• SUPPLIES: REMAIN THE SAME

• POSTAGE: INCREASE THIS AMOUNT TO $3,000., SO WE CAN MAIL OUT 1,683 MORE NEWSLETTERS TO ALL BREWSTER SENIORS 60-69 YEARS OF AGE.


• MEETINGS: REMAIN THE SAME FOR NCOA CONFERENCE, MCOA CONFERENCE AND GENERAL MEETING/TRAINING FEES

• MILEAGE: DECREASE TO $2,250.

• DUES/SUBSCRIPTIONS: DECREASE TO $300.


• CONTRACT SERVICES: MY SENIOR CENTER ANNUAL FEE

• PROGRAM EXPENSES: REMAIN THE SAME AT $10,000, ALTHOUGH WE ANTICIPATE CHANGES DUE TO BFD CONSTRUCTION.


• TOTAL OPERATING BUDGET: $23,274.

• AN DECREASE OF $350. FROM FY16

BUDGET #2

• TOWN FUNDED FRONT DESK POSITION

• CURRENTLY, THE 35 HOUR FRONT DESK POSITION IS SHARED BY 2 PEOPLE AND IS PAID BY 3 SOURCES:

BUDGET #2

• 15 HOURS TOWN OF BREWSTER

• 4 HOURS FORMULA GRANT

• 16 HOURS MATURE WORKER’S PROGRAM THRU ELDER SERVICES

BUDGET #2

• I AM REQUESTING THAT THE TOWN FUND 20 ADDITIONAL HOURS, TOTALING $47,754.80, FOR THIS POSITION, WHICH HAS BEEN PAID THRU GRANT FUNDING FOR OVER 4 YEARS.

• Revised 1/22/2016

Board of Selectmen Meeting – 7PM – February 8, 2016

A Brief Update

As you know, the Brewster COA provides social services, referral services, educational programming, transportation, and social & cultural activities to Brewster residents age 60+.

We have met several times with the Board of Selectmen, the Finance Committee, and publicly to discuss the possibility of an age friendly 21st Century Senior/Community Center, a welcoming gathering place for all – seniors, families, visitors and guests.

In September, the COA received approval for an essential first step in representing Brewster seniors for this community project –

A Needs Assessment Study for the Council on Aging The purpose?

To better understand growth in our senior population, their changing social and service needs, their diversity of interests for programming, activities and events so that we can meet identified needs with appropriate staffing, funding and functional space.

What has been accomplished so far?

Creation of Needs Assessment Project Scope & Methodologies Document Engaged consultant - Jan Mutchler, PhD, Director for the Center for Social

and Demographic Research on Aging, Dept. of Gerontology, UMass Boston Completed a Sample Survey of Brewster Residents Age 45 and Older Completed Part-Year Resident Taxpayer Assn. Summer Residents Survey Planned and conducted two Community Forums Directed and engaged selected Community leaders in a Focus Group Facilitated Workshop/Forum for COA Board, COA Staff, and FOBE Board Collected Peer Community Comparison Data

What remains to be completed?

Two Focus Groups with Community Members to clarify and expand specific response elements from collected data – Scheduled February 17

Town Administrator interview Continued Data analysis and Drafting Key Findings & Report Draft preview meeting with COA Board – mid March Presentation of Needs Assessment Study Report to the Board of Selectmen Community Presentation and Celebration – April 27 – Captain’s Pavilion

Some Initial observations provided by Dr. Mutchler

Key demographic observations: Between 2000 and 2010, the total population of Brewster declined by 3%; however, the age 60+ population increased by 20%. Projections suggest that growth in the senior population will continue and that within 20 years, seniors will make up half of Brewster’s population. Already, more than half of the owner-occupied homes in Brewster are owned by a resident age 60 or older. [These numbers are even more obvious when we consider town data received from the Brewster Town Clerk 1-25-16. Her recent tabulations:

Total Population - 9,344; Age 60+ - 4,132 (44.2%); Age 50-59 - 1,822 (19.5%)

Combined 50 + 5,954 63.7%

Suggesting that potentially within 10 yrs., over 63% of population > 60 years

Summer resident survey: 80 responses - Participants age range: 50 to 80+.

Because this questionnaire was distributed broadly as a convenience sample, we cannot know what share of the summer residents participated, or how respondent characteristics align with the summer resident population in general.

Among responders, 19% indicated that they anticipate making their Brewster home their primary residence. Another 36% indicated that they may do so.

Some considerations named - Brewster amenities, transportation access, access to medical care, affordability, and availability of things to do. Most respondents are aware of senior programs and services in Brewster, and a small share (10%) have used services. About 40% believe that their Brewster home is accessible for someone who is older or has a disability, and a few more have plans to modify their homes to enhance accessibility.

Sample survey of residents age 45+: We are just now beginning analysis of the survey data, so it is premature to offer any findings or conclusions. However, response for the sample survey was very good, as outlined below:

3000 were distributed by mail to a sample of community residents. 898 surveys were returned (9% online, 91% paper) for an overall

response rate of 30%. Older residents responded at a higher rate than younger residents

15% of those under age 60 who were sampled responded, as did 36% of those age 60-79 and 40% of those age 80+.

In the report, findings will be tabulated by age group to take account of this differential response rate.

In response to a request by the Brewster Finance Committee and the Board of Selectmen, Loretta Ruchinskas and Karen Thurber

have visited multiple sites in Brewster, to evaluate them for use as alternative space for classes and programs sponsored by the COA.

Below are these sites and what they offer.

FACILITY ROOM # OF PERSONS AVAILABILITY COST

Town Hall A&B 100 each less availability

Town Hall C 75 more availability

Water Dept. Conference Rm 30 limited

Police Dept. Conference Rm 30 workable

Captain's Golf Course Pavillion 200 limited by current leasee ?

Ladies Library small & large rooms small to large must schedule ?

Our Lady of the Cape Large hall small to large Rent thru pastor/diosese Yes

Brewster Baptist Church small & large rooms small to large 1 year in advance Yes

Brewster Methodist Church 1 up to 90 must schedule Yes

Epoch Assisted Living 6 different rooms 10 to 90 must schedule No

Latham School

First Parish Church

CC Bible Alliance Church

Maplewood at Brewster

www.TOWN.BREWSTER.MA.US

Office of: Planning Board

TO: Board of Selectmen FROM: Planning Board RE: Proposed Zoning Amendment DATE: January 28, 2016 Attached please find the following zoning amendment proposed and sponsored by the Planning Board:

1. Stormwater Management By-law In order to be consistent with the requirements of Chapter 40A, §5, these proposals are being submitted to the Board of Selectmen. In turn, according to c.40A, §5; the Board of Selectmen has 14 days to submit the proposed amendments to the Planning Board for public hearings. The Planning Board is prepared, provided the Board of Selectmen submits the proposed amendments back to them, to proceed with the necessary publishing of the legal notices for a public hearing. If you should have any questions or comments, please do not hesitate to contact the Planning Department.

Town Of Brewster 2198 Main Street

Brewster, Massachusetts 02631-1898 (508) 896-3701 x1150 FAX (508) 896-8089

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BYLAW AMENDMENT/Stormwater Management 1

ARTICLE NO. 1: To see if the Town will vote to amend the Brewster Town Code, 2 by adding a new Chapter 272 as follows: 3

Chapter 272 4

STORMWATER MANAGEMENT BYLAW 5

§ 272-1. Purpose 6 The purpose of this Bylaw is to establish minimum stormwater management requirements and 7 procedures in order to minimize damage to public and private property and infrastructure; 8 safeguard the public health, safety, environment and general welfare; protect aquatic resources 9 and wildlife habitat; and conserve groundwater supplies. This Bylaw seeks to meet that purpose 10 through the following objectives: 11

A. Establish decision-making processes surrounding land development and 12 redevelopment that protect watershed integrity and preserve and/or restore the health 13 of local water resources, such as Pleasant Bay, tributaries from Namskaket Marsh to 14 Quivett Creek Cape Cod Bay, freshwater ponds, streams, and groundwater that is 15 Brewster’s sole source drinking water supply. 16

B. Ensure that new development and other land alterations maintain pre-development 17 runoff characteristics in order to maintain aquatic habitats and prevent flooding, 18 channel erosion, sedimentation, water quality degradation, a decrease in stormwater 19 recharge, and property damage. 20

C. Improve stormwater management from redevelopment and road repaving in areas of 21 existing development. 22

D. Promote the use of Low Impact Development (LID) approaches, such as reducing 23 impervious cover, maintaining natural hydrology, preserving open space, and 24 rainwater reuse. 25

E. Establish minimum construction and post-construction stormwater management 26 standards and design criteria to control stormwater runoff quantity and quality. 27

F. Ensure that during construction soil erosion and sediment control measures are 28 incorporated into the site design process and are implemented and maintained through 29 the establishment of permanent erosion control measures. 30

G. Ensure the long-term function and safety of post-construction stormwater practices. 31

H. Establish administrative procedures for: the submission, review, and approval or 32 disapproval of stormwater management plans; the inspection of approved active 33 projects; and post construction follow up. 34

I. Ensure compliance with requirements of the National Pollutant Discharge 35 Elimination System (NPDES) General Permit for Stormwater Discharges from Small 36 Municipal Separate Storm Sewer Systems (MS4) and other applicable State and 37 Federal mandates. 38

39 40

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§ 272-2. Authority 2 This Bylaw is adopted under authority granted by the Home Rule Amendment of the 3 Massachusetts Constitution, the Home Rule statutes, pursuant to the Regulations of the federal 4 Clean Water Act found at 40 CFR 122.34, and as authorized by the residents of the Town of 5 Brewster at the 2016 Annual Town Meeting and as amended. 6 7

§ 272-3. Definitions 8 The following terms are defined for the purposes of this Bylaw: 9

ACRONYMS: 10 LID – Low Impact Development 11 MS4 – Municipal Separate Storm Sewer System 12 MSWMS – Massachusetts Stormwater Management Standards 13 NPDES -- National Pollutant Discharge Elimination System 14 SMP – Stormwater Management Permit 15

16 DIRECT DISCHARGE: Any pipe, open channel, or concentrated flow path where stormwater 17 runoff is conveyed directly to a water body without prior stormwater treatment or volume 18 reduction. 19

DISCONNECTION: The redirecting of stormwater runoff away from a drainage system into a 20 pervious area of stormwater management. An example would be putting downspouts into dry 21 wells, or having downspouts drain to a rain garden. 22 23 DISTURBANCE: Any activity that causes a temporary or permanent change in the position or 24 location of soil, vegetation, impervious cover, or other land surface that exposes soils to potential 25 erosion, changes the ability of a ground surface area to absorb water, increases polluted runoff, 26 and/or changes the existing surface drainage patterns. 27

IMPERVIOUS COVER: Any material or structure on or above the ground that prevents water 28 from infiltrating through the underlying soil. Impervious cover includes, without limitation, 29 paved parking lots, roads, sidewalks, driveways, patios, roof tops, and swimming pools. Gravel 30 and dirt surfaced roads and parking areas that have become compacted by vehicles and heavy 31 equipment are considered impervious. Permeable pavers and porous pavements designed to 32 prevent compaction are not considered impervious. The term “impervious cover” shall include 33 “impervious area” and “impervious surface.” 34

INFILTRATION: The act of conveying precipitation or runoff into the ground to permit 35 groundwater recharge and the reduction of surface runoff from a project site. 36

LOW IMPACT DEVELOPMENT (LID): An approach to land development design and 37 stormwater management that attempts to mimic the natural hydrology of the site by avoiding, 38 reducing and mitigating impacts with natural, non-structural and structural measures. 39

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MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS (MSWMS): The latest 1 version as may be amended of the Stormwater Management Standards and accompanying 2 Stormwater Handbook issued by the Massachusetts Department of Environmental Protection 3 pursuant to authority under the Wetlands Protection Act, M.G.L. c.131, §40, and the 4 Massachusetts Clean Waters Act, M.G.L. c.21, §§26-53. The Stormwater Management 5 Standards are incorporated in the Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k) 6 and the Water Quality Certification Regulations, 314 CMR 9.06(6)(a). 7

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM 8 DRAIN SYSTEM: The system of conveyances designed or used for collecting or conveying 9 stormwater, including, without limitation, any road with a drainage system, street, gutter, curb, 10 inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or 11 altered drainage channel, and other drainage structure that together comprise the storm drainage 12 system owned or operated by the Town of Brewster. 13

NEW DEVELOPMENT: Any construction or land disturbance on a lot, or portion of a lot, or 14 linear right-of-way or easement that is currently in a vegetated state. 15

POST-CONSTRUCTION or POST-DEVELOPMENT: The conditions expected to exist after 16 completion of the proposed development activity in accordance with approved plans on a 17 specific site or tract of land, and does not refer to or include the construction phase of a project. 18

PRE-DEVELOPMENT: The conditions that exist prior to the proposed development. Where 19 phased development or plan approval occurs (e.g., preliminary grading, roads, and utilities, etc.), 20 the existing conditions at the time prior to the first plan submission shall establish pre-21 development conditions. 22

PROJECT AREA: The portion of a parcel of land being developed or redeveloped. 23

RECHARGE: The replenishment of groundwater reserves. 24

REDEVELOPMENT: Any construction, alteration, improvement, repaving, or resurfacing on a 25 site that contains impervious cover, provided the activity does not increase net impervious cover. 26 Portions of a project that increase impervious cover will be treated as new development. 27

REVIEWING AGENT: Any Town Employee, board or agent delegated in writing by the 28 Planning Board to administer, implement, and enforce the Stormwater Management Bylaw. 29

ROAD IMPROVEMENTS: For the purposes of this bylaw, work on existing roads that trigger 30 stormwater management compliance include resurfacing projects when the sub-base is 31 intersected, the road is being widened, or when the project includes direct drainage to a beach, 32 pond, tributary or wetland. Re-grading of unpaved roads does not trigger compliance with 33 stormwater standards unless the road is being widened, or if it includes a direct discharge to a 34 beach, pond, tributary or wetland. 35

SITE: The entire parcel of land being developed or redeveloped. 36

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STORMWATER MANAGEMENT: Using engineered structures and non-structural (e.g., site 1 design, vegetation) measures to reduce runoff volume and rates, remove pollutants, promote 2 infiltration, or minimize sources of pollution. 3

STORMWATER MANAGEMENT PERMIT (SMP): A permit issued by the Planning Board 4 after review of an application, plans, calculations, and other supporting documents. 5

STORMWATER RUNOFF: Rainfall or snowmelt water flowing over the ground surface or 6 other surface (e.g., rooftop). 7

Terms not defined shall be construed according to their customary and usual meaning, unless the 8 context indicates a special or technical meaning. Words used in the present tense include the 9 future; words in the singular number include the plural and words in the plural number include 10 the singular; and the word "shall" is mandatory and not a suggestion . Additional definitions may 11 be adopted by separate regulation. 12

13 § 272-4. Administration 14

A. For residential projects not requiring an SMP, but subject to the requirements of this 15 bylaw, Stormwater measures shall be evaluated as part of the Building Permit 16 process. 17

B. The Planning Board shall be the permit granting authority for this Bylaw. The 18 Planning Board shall not have jurisdiction over stormwater issues within areas where 19 the Conservation Commission has jurisdiction under the Wetlands Protection Act 20 and/or any local regulations. 21

Any powers granted to, or duties imposed upon, the Planning Board may be delegated 22 in writing by the Planning Board to any Town employee, board, commission, 23 committee or agent, hereby known as the “Reviewing Agent.” 24

C. The Planning Board or its Reviewing Agent shall take any of the following actions as 25 a result of an application for a Stormwater Management Permit (SMP) as specifically 26 defined within the Stormwater Management Regulations promulgated as a result of 27 this Bylaw: Approval, Approval with Conditions, or Disapproval. 28

D. A decision of the Planning Board or its Reviewing Agent shall be final. Further relief 29 of a decision by the Planning Board or its Reviewing Agent made under this Bylaw 30 shall be appealed to the Superior Court, in accordance with M.G.L. Ch 249 §4. 31

§ 272-5. Regulations 32 A. The Planning Board may adopt, and periodically amend, Regulations relating to the 33

terms, conditions, definitions, enforcement, fees (including application, inspection, 34 and/or consultant fees), procedures and administration of this Stormwater 35 Management Bylaw by majority vote of the Planning Board, after conducting a 36 minimum of two (2) advertised public hearings to receive comments on any proposed 37 revisions. Should the Planning Board fail to create and disseminate such Regulations 38 or a court of competent jurisdiction invalidates the Regulations by legal declaration, 39 this Bylaw shall not be suspended or invalidated. 40

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B. The Planning Board will utilize, at a minimum, the policy, criteria, and standards of 1 the most recent version of DEP’s Massachusetts Stormwater Management Standards 2 (MSWMS) and the Town’s approved MS4 Permit through EPA Region 1 for 3 execution of the provisions of this Bylaw, except where the Town of Brewster 4 specifies more stringent standards. 5

6 § 272-6. Applicability 7

A. A SMP shall be obtained for all activities, new development, and redevelopment 8 projects disturbing 2,500 square feet or more of land that alters the quantity or quality 9 of stormwater runoff, except for single and two-family residential projects or exempt 10 activities pursuant to § 272-6.D of this Bylaw. 11

B. The following road improvement projects disturbing 2,500 square feet or more of 12 land are required to comply with stormwater regulations: 13

(a) Projects where the sub-base is intersected during resurfacing of paved roads; 14

(b) When paved or unpaved roads are being widened; or 15

(c) When the project includes a direct discharge to a beach, pond, tributary or 16 wetland. 17

C. A Building Permit or approval from the Building Commissioner documenting 18 stormwater control measures shall be obtained for construction, renovation, or 19 modification of a single or two-family dwelling and associated accessory structures 20 disturbing 2,500 square feet or more of land. 21

D. Exemptions 22

1. Normal maintenance and improvement of land in agricultural use as defined by 23 the Wetlands Protection Act regulation 310 CMR 10.04 and MGL Chapter 40A 24 Section 3 Zoning Act. 25

2. Emergency repairs to existing utilities. Repairs will be performed as is 26 appropriate to the emergency situation. Following emergency repairs, areas that 27 meet or exceed the 2,500 square foot area of disturbance will be required to obtain 28 a SMP as outlined in this bylaw. 29

3. Emergency repairs to existing roads or their drainage systems, or to any 30 stormwater management facility that poses a threat to public health or safety. 31 Following emergency repairs, areas that meet or exceed the 2,500 square foot area 32 of disturbance will be required to obtain a SMP as outlined in this bylaw. 33

4. Any projects subject to review by the Planning Board and/or the Conservation 34 Commission for which all necessary approvals and permits have been issued 35 before the effective date of this Bylaw and/or applications have been filed with 36 the respective entities within ninety (90) days of the effective date of this Bylaw. 37

38 § 272-7. Procedures 39

Permit Procedures and Requirements shall be defined and included as part of any Regulations 40 promulgated under § 272-5272-5 of this Bylaw. 41

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§ 272-8. Performance Standards 1 A. The Stormwater Management Standards shall be defined and included as part of any 2

Regulations promulgated under § 272-5 of this Bylaw. 3

B. Applicable single or two-family residential activities are not required to obtain a 4 SMP, but will be required to provide erosion and sediment control during 5 construction and to minimize off-site stormwater runoff through disconnection, dry 6 wells, rain gardens, cisterns, pervious pavement, or other residential on-site 7 stormwater measures as part of the process of obtaining a building permit. 8

9 § 272-9. Waivers 10

A. The Planning Board may in its discretion, and after due consideration, decide to 11 waive and exempt strict compliance with any requirement of this Bylaw or the 12 Regulations promulgated hereunder, where it makes a written finding that such action 13 is: 14

1. Allowed by federal, state and local statutes and/or regulations; 15

2. In the public interest; and 16

3. Consistent with the purpose and intent of this Bylaw under § 272-5272-5. 17

B. Criteria for granting a waiver shall be defined and included as part of the Regulations 18 promulgated under § 272-5272-5 of this Bylaw. 19

20 § 272-10. Stormwater Management 21

Under certain circumstances where on-site options for stormwater management are limited, or 22 where off-site options provide better protection, the Planning Board may allow the applicant to 23 implement off-site stormwater management. This may be allowed only where a net public 24 benefit is clearly demonstrated and documented by meeting or exceeding the purpose and intent 25 of this Bylaw. 26

27 § 272-11. Enforcement 28

Where the Planning Board is the permit issuing authority, the Building Commissioner shall 29 enforce this Bylaw, Regulations, orders, violation notices, and enforcement orders, and may 30 pursue all civil and criminal remedies for such violations. The Conservation Commission shall 31 enforce any permit conditions related to stormwater issued under their authority. Enforcement 32 shall be further defined and included as part of any Regulations promulgated under § 272-5272-5 33 of this Bylaw. 34

35 § 272-12. Severability 36

A. The invalidity, unconstitutionality or illegality of any provision of this Bylaw shall 37 have not any effect upon the validity, constitutionality or legality of any other 38 provision. 39

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B. This Bylaw shall not interfere with or annul any other bylaw, rule, regulation or 1 permit when the aforementioned specifically states that it is controlling. However, 2 when any other bylaw, rule, regulation or permit does not specifically state that it is 3 controlling, the Stormwater Management Bylaw, if more stringent, shall govern. 4

5

and to take any action relative thereto. 6

7

Summary 8

This proposed Bylaw was created in order to comply with current requirements of the 9 Town’s 2003federal National Pollutant Discharge Elimination System (NPDES) 10 Municipal Separate Storm Sewer System (MS4) Stormwater Permit, and to implement key 11 recommendations of Brewster’s Integrated Water Resource Management Plan 12 (IWRMP)for nitrogen reduction in the Pleasant Bay Watershed. 13

This Bylaw will help minimize the impact of polluted stormwater runoff on the Town’s 14 ponds, beaches, wetlands and groundwater resources from new development, as well as 15 providing opportunities to fix water quality and flooding problems at existing sites during 16 redevelopment and road improvement projects. 17

Single and two-family residential projects will not be required to obtain a Stormwater 18 Management Permit (SMP) or appear before the Planning Board; however, they may 19 have to evaluate options for minimizing stormwater runoff as part of the Building Permit 20 process. 21

The draft Bylaw requires any multi-family, commercial, or industrial activity, 22 development, and redevelopment project town-wide that disturbs 2,500 sq ft or more of 23 land to obtain a (SMP). 24

Some paved and unpaved road improvement projects may be subject to these 25 requirements. 26

The Planning Board will be the primary permit granting authority for this bylaw. To 27 streamline the review process, the Conservation Commission will be the stormwater 28 permit authority for projects within their jurisdiction. 29

There will be regulations that will accompany this bylaw that will provide detailed 30 information on application processes and requirements. These regulations have been 31 reviewed and will be voted by the Planning Board following the vote on this article and a 32 public hearing process. 33

34

www.TOWN.BREWSTER.MA.US

Office of: Planning Board

TO: Board of Selectmen FROM: Planning Board RE: Proposed Zoning Amendment DATE: February 2, 2016 Attached please find the following zoning amendment proposed and sponsored by the Planning Board:

1. Code Amendments for Stormwater Management By-law In order to be consistent with the requirements of Chapter 40A, §5, these proposals are being submitted to the Board of Selectmen. In turn, according to c.40A, §5; the Board of Selectmen has 14 days to submit the proposed amendments to the Planning Board for public hearings. The Planning Board is prepared, provided the Board of Selectmen submits the proposed amendments back to them, to proceed with the necessary publishing of the legal notices for a public hearing. If you should have any questions or comments, please do not hesitate to contact the Planning Department.

Town Of Brewster 2198 Main Street

Brewster, Massachusetts 02631-1898 (508) 896-3701 x1150 FAX (508) 896-8089

1

ZONING/GENERAL BYLAW AMENDMENTS/Code Amendments for 1 Stormwater Management By-law 2

ARTICLE NO. #: To see if the Town will vote to amend Chapter 83 of the 3 Brewster Town Code, Staff Review, to reflect changes to the following sections 4 (deleted text is strikethrough, new text is bold): 5

Chapter 83, Staff Review 6

Article II. Procedure 7

Section 83-3. Applicability. [Amended 5-1-1995 ATM, Art. 17; 5-2-2011 ATM, Art. 29] 8

A. Proposed developments are required to complete staff review pursuant to this section if they 9 include any one or more of the following: 10 11 (1) A new principal nonresidential building. 12 (2) An increase in floor area by more than 500 square feet through a new accessory building or a 13 five-hundred-500 square-foot building addition or an increase in lot coverage by 10% or more; 14 provided, however, that this provision shall not apply to single-family or two-family dwellings or 15 to their accessory buildings, or to the coverage of their lots. 16 (3) Alteration to a parking facility having 10 or more spaces. 17 (4) Removal of existing vegetative ground cover from more than 10,000 square feet of site area, 18 whether a structure is proposed or not. 19 (5) Any change of use of an existing building and/or property as listed in Chapter 179 of the 20 Code of the Town of Brewster, Massachusetts. 21 (6) Any use or development required by the Zoning Bylaw to seek staff plan review. 22 (7) A new personal wireless services facility. 23 (8) A new medium-scale wind energy turbine (MWET) or large-scale wind energy turbine 24 (LWET) as defined in Chapter 179, Article IX, Section 179-40.2C. 25 (9) A new utility-scale solar energy installation. 26

B. Review of optional Stormwater Management Concept Plans under Chapter 272 shall be 27 held in conjunction with Staff Review. 28 29 B. C. Any person proposing a development of any kind wishing to present proposed plans for 30 plan review on an informal basis is encouraged to do so. 31 32 C. D. This chapter shall not apply to single-family or two-family dwellings or to their accessory 33 buildings and structures unless associated with an optional Stormwater Management 34 Concept Plan application. 35 36 D. E. This chapter shall not apply to developments which, prior to its effective date, have been 37 granted a special permit under § 179-51 of the Zoning Bylaw, or a building permit. 38 39 E. F. Chapter 179, Article XII (Site Plan Review), requires either a special permit or a waiver for 40 developments subject to review under § 83-3A. The review afforded by the staff review process 41 is believed to greatly benefit the applicant and relevant Town boards, committees and 42

2

departments. As a result, applicants are required to go through staff plan review prior to 1 appearing before the Planning Board for the special permit. 2 3

Section 83-5. Required submissions. [Amended 5-1-1995 ATM, Art. 17; 5-2-2011 ATM, Art. 4 29] 5

The following materials shall be submitted for review, except where Staff Review is being held 6 solely for a Stormwater Management Concept Plan under Chapter 272, in which case 7 required submissions are provided within Section 7.0 of the Stormwater Management 8 Regulations, or for any determined by staff to not be germane to the specific case, as 9 communicated to the submitter prior to submittal: 10 11 Article III, Development Standards 12 13 Section 83-8. Environmental protection requirements. 14 15 A. Stormwater management. All development and redevelopment shall be designed to be in 16 compliance with the Town of Brewster Stormwater Management Bylaw, Chapter 272. so 17 that resulting stormwater patterns resemble, as nearly as possible, preexisting conditions of 18 volume, velocity, quality and location of runoff. Any increase over predevelopment runoff peak 19 rate shall be authorized only if the PRC determines that any potential problems with capacity, 20 downstream erosion or siltation will be prevented through on- or off-site improvements or 21 compensatory actions and that the public interest is better served by allowing the increase than 22 by denying it. 23 24 B. Erosion control. Erosion and sediment control shall be provided for all development and 25 redevelopment as required by the Town of Brewster Stormwater Management Bylaw, 26 Chapter 272. 27 (1) Any area of bare earth exposed through building or site development or demolition must be 28 permanently stabilized through replanting, paving or other means of eliminating wind or water 29 erosion. Such stabilization must be completed prior to building occupancy or, where no building 30 is committed, within 60 days of exposure, or a performance bond must be posted in an amount 31 sufficient to assure completion of such work. 32 (2) All construction must comply with the following. An erosion control plan shall be submitted 33 for every development which will expose more than 60,000 square feet of bare earth during 34 development through either removal or filling on the same parcel or on contiguous parcels in the 35 same ownership and for developments exposing 20,000 to 60,000 square feet of bare earth where 36 the Plan Review Committee deems such plan to be necessitated by slopes in excess of 10% 37 highly erodible soils or other unusual conditions. Such plan shall have sufficient information on 38 existing and proposed topography, vegetation and control measures to allow determination of 39 compliance. 40 (a) Stripping of vegetation, regrading or other development shall be done in a way which will 41 minimize soil erosion. 42 (b) Whenever practical, trees and other natural vegetation shall be retained, protected and 43 supplemented. 44 (c) The disturbed area shall be kept to a minimum. 45 (d) Where necessary, temporary vegetation and/or mulching shall be used to protect areas 46 exposed during development. 47

3

(e) Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained 1 where necessary to remove from runoff waters any sediment from land undergoing development. 2 (f) The angle of graded slopes and fills shall be no greater than two horizontal to one vertical. 3 Slopes left exposed must immediately be planted or otherwise provided with permanent ground 4 cover or other means sufficient to restrain erosion. 5 (g) A ground cover sufficient to restrain erosion must be planted or otherwise provided within 30 6 working days, season permitting, on any portion of the tract upon which further active 7 construction is not being undertaken. 8 (h) The development plan shall be fitted to the topography and soils so as to minimize erosion 9 potential. 10 (3) The Plan Review Committee may require a report on the erosion control proposals by the 11 Soil Conservation Service or others expert in soil mechanics in cases where doubt as to adequacy 12 of proposed measures exists. Selection of techniques and determination of adequacy of measures 13 shall, unless otherwise specified, be consistent with Guidelines for Soil and Water Conservation 14 in Urbanizing Areas of Massachusetts, United States Department of Agriculture Soil 15 Conservation Service, 1975. 16 17 § 83-9. Other design requirements. 18 19 A. Site design. Site designs not complying with any of the following guidelines shall be allowed 20 only upon determination by the PRC that for the given location, use and size of development, no 21 design better serving the purposes of the chapter is reasonably feasible: 22 23 (1) Parking and loading areas shall be located to the side or rear of the principal structure, 24 wherever possible. Where site constraints prevent this, visibility of parking areas shall be 25 reduced through location of not more than 1/3 of all parking between the building and the street. 26 [Amended 5-9-1994 ATM, Art. 27] 27 28 (2) At least 25% of the required front yard area shall be vegetated. 29 30 (3) Existing grade shall be changed minimally, to meet the intent of Chapter 272, Stormwater 31 Management Bylaw, typically departing from existing grade by no more than six feet and 32 resulting in a balance on site between cut and fill, except for basement and cellar excavations. 33 34 (4) Site circulation shall have clarity from the driver's perspective, aided by simple patterns and 35 use of planting islands or other devices in larger circulation areas. 36 37 (5) Pedestrian access, or bicycle and wheelchair access where possible, shall be provided among 38 all facilities on the site, between them and the street and between them and adjacent premises 39 developed for uses open to the public. [Amended 5-1-1995 ATM, Art. 17] 40 41 And to amend Chapter 179 of the Brewster Town Code, Zoning, to reflect changes 42 to the following sections (deleted text is strikethrough, new text is bold): 43

Article IX. Special Regulations 44

Section 179-34. Multifamily dwellings. 45

4

D. The developer shall provide, within multifamily developments, including row houses, an 1 internal sewage collection system which shall be of sufficient size and design to collect all 2 sewage from all present and probable structures in the development. The developer shall also 3 provide a communal sewage treatment and disposal system, which must be approved by 4 complies with 310 CMR 15.00, the State Environmental Code Regulating Septic Systems 5 (“Title 5”), known as Title V of the Massachusetts Department of Environmental Quality 6 Engineering Regulations filed May 20, 1977, as amended, and the Brewster Board of Health 7 Regulations, and which is of sufficient size to dispose of all sewage from all present and 8 probable structures in the development. The developer shall provide within multifamily 9 developments, including row houses, a storm drainage system which shall be of sufficient size 10 and design as will collect, carry off and dispose of all surface water runoff within the 11 development determined by the rational method, for a ten-year design storm, and shall be so 12 constructed as to conform to the Brewster Stormwater Management Bylaw, Chapter 272 and 13 associated Stormwater Regulations. regulations of the Town of Brewster and the 14 Commonwealth of Massachusetts. The developer shall provide within multifamily 15 developments, including row houses, a water distribution system which shall be approved by the 16 Brewster Water Department and shall be of sufficient size and design to supply potable water to 17 each of the structures to be erected in the development. This distribution system must be 18 connected to and served by the public water supply system of the Town. [Amended 5-14-1984 19 ATM, Art. 113] 20 21

Section 179-36. Planned Residential Development. 22

(C)(4) The developer shall also provide within the planned residential development a storm 23 drainage system which shall be of sufficient size and design as will collect, carry off and dispose 24 of all surface water runoff within the development determined by a rational method of a twenty-25 year storm and shall be so constructed as to conform with the Brewster Stormwater 26 Management Bylaw, Chapter 272 regulations of the Town of Brewster Department of Public 27 Works Construction Standards, with appropriate computations and drainage schedules attached. 28 29

Section 179-42. Subsidized elderly housing. 30

E. Design 31

The design of building form, building location, egress points, grading and other elements of 32 development shall: 33 (a) Protect pedestrian and vehicular safety within the site and egressing from it. 34 (b) Minimize visual intrusion of parking areas as viewed from public ways or abutting premises. 35 (c) Minimize the volume of earth cut and fill. 36 (d) Minimize the number of removed trees four inches in diameter and larger. 37 (e) Comply with the Brewster Stormwater Management Bylaw, Chapter 272. 38 (e) Control soil erosion. 39 (f) Avoid more than a 10% increase in peak hour stormwater flow increase from the site. 40 (g) (f) Control headlight glare. 41 42

Article XI. Water Quality Protection Bylaw 43

5

Section 179-56. Use Regulations. 1 2 D. Uses/Structures Allowed by Special Permit – 3 (2)(d) Any use that will render impervious more than fifteen percent (15%) or two thousand five 4 hundred (2,500) square feet of any lot, whichever is greater. A system for groundwater recharge 5 must be provided which complies with the Brewster Stormwater Management Bylaw, 6 Chapter 272 and associated Regulations. does not degrade groundwater quality. For 7 nonresidential uses, recharge shall be by stormwater infiltration basins or similar systems 8 covered with natural vegetation, and dry wells shall be used only where other methods are 9 infeasible. For all nonresidential uses, all such basins and wells shall be preceded by oil, grease 10 and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be 11 permanently maintained in full working order by the owner. 12 13

Section 179-57. Performance Standards. 14

E. All land uses, structures and related developments shall conform to the standards and 15 requirements of the Town of Brewster Stormwater Management Bylaw, Chapter 272. All 16 runoff from impervious surfaces shall be recharged on the site and diverted towards areas 17 covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used 18 only where other methods are infeasible and shall be preceded by oil, grease and sediment traps 19 to facilitate removal of contaminated solids. In the vicinity of chemical or fuel delivery points, 20 provision shall be made for spill control. 21 22 F. The Planning Board shall ensure that land uses, structures and related developments conform 23 to the following performance standards for storm water management. 24 (1) No development shall result in a direct discharge of untreated stormwater, either on or offsite. 25 (2) Post development discharge rates shall not be greater than predevelopment discharge rates. 26 (3) New development shall maximize recharge to groundwater. 27 (4) New development shall be required to remove, onsite, no less than 80% of the annual total 28 suspended solids generated from development runoff. 29 (5) Best management practices shall be maintained for appropriate periods of time. 30 31 32

Article XII. Site Plan Review 33

Section 179-66. Site Plan standards. 34

F. Environmental Protection Requirements. 35

1. Stormwater management and erosion and sediment control. All land uses, structures and 36 related development shall conform to the standards and requirements of the Town of 37 Brewster Stormwater Management Bylaw, Chapter 272. All development shall be designed 38 so that resulting stormwater patterns resemble, as nearly as possible, preexisting conditions of 39 volume, velocity, quality and location of runoff. Any increase over predevelopment runoff peak 40 rate shall be authorized only if Staff Review determines that any potential problems with 41 capacity, downstream erosion or siltation will be prevented through on- or off-site improvements 42 or compensatory actions and that the public interest is better served by allowing the increase than 43 by denying it. 44

6

1 2. Erosion control. 2 i. Any area of bare earth exposed through building or site development or demolition must be 3 permanently stabilized through replanting, paving or other means of eliminating wind or water 4 erosion. Such stabilization must be completed prior to building occupancy or, where no building 5 is committed, within 60 days of exposure, or a performance bond must be posted in an amount 6 sufficient to assure completion of such work. 7 ii. Existing grade shall be changed minimally, typically departing from existing grade by no 8 more than six feet and resulting in a balance on site between cut and fill, except for basement and 9 cellar excavations. Existing grade shall be changed minimally, typically departing from existing 10 grade by no more than six feet and resulting in a balance on site between cut and fill, except for 11 basement and cellar excavations. 12 iii. All construction must comply with the following. An erosion control plan shall be submitted 13 for every development which will expose more than 60,000 square feet of bare earth during 14 development through either removal or filling on the same parcel or on contiguous parcels in the 15 same ownership and for developments exposing 20,000 to 60,000 square feet of bare earth where 16 the Plan Review Committee deems such plan to be necessitated by slopes in excess of 10% 17 highly erodible soils or other unusual conditions. Such plan shall have sufficient information on 18 existing and proposed topography, vegetation and control measures to allow determination of 19 compliance. 20 21 a. Stripping of vegetation, regrading or other development shall be done in a way which will 22 minimize soil erosion. 23 b. Whenever practical, trees and other natural vegetation shall be retained, protected and 24 supplemented. 25 c. The disturbed area shall be kept to a minimum. 26 d. Where necessary, temporary vegetation and/or mulching shall be used to protect areas exposed 27 during development. 28 e. Sediment basins (debris basins, desilting basins or silt traps) shall be installed and maintained 29 where necessary to remove from runoff waters any sediment from land undergoing development. 30 f. The angle of graded slopes and fills shall be no greater than two horizontal to one vertical. 31 Slopes left exposed must immediately be planted or otherwise provided with permanent ground 32 cover or other means sufficient to restrain erosion. 33 g. A ground cover sufficient to restrain erosion must be planted or otherwise provided within 30 34 working days, season permitting, on any portion of the tract upon which further active 35 construction is not being undertaken. 36 h. The development plan shall be fitted to the topography and soils so as to minimize erosion 37 potential. 38 39 And to amend Chapter 290 of the Brewster Town Code, Subdivision Rules and 40 Regulations, to reflect changes to the following sections (deleted text is 41 strikethrough, new text is bold): 42

Article III. Plan Submission and Approval Procedures 43

Section 290-9. Preliminary plans. 44

7

(D)(5) The proposed system of drainage in accordance with Section 7 of the Town of 1 Brewster Stormwater Management Regulations. , including the location of all wetlands, water 2 bodies, streams, open drains and ditches, natural or man-made, and flowage rights, public and 3 private, adjacent to (and to be affected by the drainage from the subdivision) or within the 4 proposed subdivision in a general manner. 5 6

Article IV. Design and Construction Standards 7

Section 290-19. Drainage. 8 9 A. The construction of a drainage system, including methods of construction and quality of 10 materials used, shall be in conformity with the definitive plan, the Brewster Stormwater 11 Management Bylaw, Chapter 272, and associated Regulations and the details shall conform 12 to the details of the Massachusetts Highway Department specifications and standards and typical 13 roadway construction details unless specifically excepted by the Board. 14 B. There shall be a drainage basin every 300 feet on continuous grades. 15 C. The quantity of stormwater carried by drains normally shall be determined by the Rational 16 Formula Method, unless an engineer shows evidence that another approach is more appropriate 17 in a specific case. However, in no event shall the protection provided be for a lower design storm 18 than specified below. The design storm shall be 25 years in normal cases involving 19 developments, 10 years for industrial subdivisions and 100 years for bridge openings. 20 D. The engineer shall provide a plan for stormwater runoff based on the method outlined above, 21 which shall be attached to the road profiles. Additionally, a topographic plan showing the areas 22 of drainage contribution both on and abutting the development shall be furnished. 23 24 25

SUMMARY 26 These proposed local code amendments have been prepared by Horsley Witten Group, Inc. (HW) 27 for the Town of Brewster as part of Phase III of the Town’s Integrated Water Resource 28 Management Plan (IWRMP). An audit of the local bylaws was conducted to identify any 29 provisions that would need to be modified to reference the new Stormwater Management Bylaw. 30 The language contained herein includes amendments to the Staff Review Bylaw, Zoning Bylaw 31 and Subdivision Rules and Regulations. The amendments contained in this document do not 32 include provisions that further enhance stormwater management or low impact development 33 (LID) above and beyond the Stormwater Management Bylaw and Regulations. However, HW 34 will be providing additional proposed zoning and subdivision amendments to further enhance 35 LID in a separate document. There are no suggested amendments for the Wetlands Protection 36 Bylaw or Regulations; however, the NOI application package and other administrative 37 documents and forms should be modified to include requirements that the provisions of the 38 Stormwater Management Bylaw and Regulations be met. 39

A MAY 2016 SPECIALTOWN MEETING TOTAL RAISE FREE OTHER COMM WATER GOLF AMBUL. PENSION / General or2-May-16 FUNDING & CASH AVAIL. PRES REVENUE RECEIPTS RECEIPTS OVERLAY Debt BORROW

NO. ARTICLE NAME REQUEST APPROP. FUNDS FUNDS ACCOUNT ACCOUNT FUND FUND FUND Override AUTH.1 Unpaid Bills $36 $36

2 Budgetary Tranfers (work in progress) add Police Wage $ March $68,150 $23,150 $20,000 $25,000 a. Town Administrator Wages $15,900

b. Old Kings Highway Assessment $250

c Town Clerk/Elections ???

d Veterans Benefits $4,000

e Conservation Wages $3,000

f Fire Dept wages $25,000 g Police Dept Wages $20,000

h Legal Expenses ???

3 Private Road Bett. Eng / Leona Terrace $6,500 $6,500

4 Private Road Bett. Eng / Rocky Hill Road $15,000 $15,000

5 Capital & Special Project Expenditures $433,700

a. Natural Resources - Boat motor $38,000 $38,000 b. Town Facilities R&M (carpeting) $42,000 $42,000 c. Town Hall Windows (Clerk/Treas/Conservation) $30,000 $30,000 d. Town Facilities Maint & Repair (all buildings) $6,700 $6,700

**** e. HD Compactors (3) $60,000 $60,000**** f. Closed Top Cans $42,000 $42,000**** g. Roll Off Container Truck $180,000 $180,000**** h. Recycling Center Modifications Design/Permitting $25,000 $25,000

i. Police Dept - HVAC repairs $10,000 $10,000

j. All Citizens Access (Paines Creek shed & Mat) $20,000 $20,000

6 Temporary Note Payoffs (DPW & Elem Windows) $138,759 $138,759

7 Town Hall Roofing Project $85,000

8 Police Dept Boiler Replacement $40,000

9 Community Preservation Projects $503,000

10 Recruitment Expense $10,000

11 Other Business $0 STM GRAND-TOTAL $682,145 $0 $208,645 $582,500 $0 $25,000 $0 $0 $504,000 ########

2016 ANNUAL TOWN MEETING 1 CC Tech Operating Budget $834,790 $834,790 2 Elementary Schools Operating Budget $7,377,714 $7,377,714 3 Town Operating Budget $22,778,341 $21,091,318 $207,347 $313,453 $187,460 $503,773 $297,490 $177,500 4 NRSD Operating Budget $9,835,086 $9,835,086 5 Nauset Schools Assessment Formula $0 6 Community Preservation Funding (Rec Ballfields?) ATM or FTM?? $642,770 $642,770 7 Human Services Funding $101,959 $101,959 8 Capital & Special Projects Expenditures $1,931,224 $222,407 $622,400 $0 $0 $512,000 $116,617 $172,500 $0 $0 $285,300 1. Board of Selectmen: $292,000

**** b. Waste Water Planning Professional Expense $75,000 $75,000

5-Feb-16

A MAY 2016 ANNUAL TOWN MEETING TOTAL RAISE FREE OTHER COMM WATER GOLF AMBUL. PENSION / General or2-May-16 FUNDING & CASH AVAIL. PRES REVENUE RECEIPTS RECEIPTS OVERLAY Debt BORROW

NO. ARTICLE NAME REQUEST APPROP. FUNDS FUNDS ACCOUNT ACCOUNT FUND FUND FUND Override AUTH.

**** c. Mill Ponds Remediation Project $210,300 $210,300

**** d. Town Buildings & Facilities R&M $6,700 $6,700

2. Fire Department: $172,500

a. Dispatch Service Expense $37,500 $37,500 b. Rescue Services Service $15,000 $15,000 c. Ambulance #243 Lease Payment $27,000 $27,000 d. Ambulance #244 Lease Payment $25,000 $25,000

***** e. Car #232 Lease Payment (Deputy Chief) $8,000 $8,000 f. Radios/Communications Equipment $30,000 $30,000 g. Personal Protective Equipment $15,000 $15,000 h. EMS Infusion Pumps $15,000 $15,000

3. Department of Public Works: $312,000

a. Road & Drainage Projects $85,000 $85,000 b. Landfill Monitoring & Sampling Expense $45,000 $45,000 c. MS4 Clean Air Act $50,000 $50,000 d. Kubota Mower $17,000 $17,000 e. Organic Turf Management $15,000 $15,000

f. Underground Diesel Tank Removal & Fuel Depot $100,000 $100,000

4. Police Department: $127,000

a. Patrol Vehicles (2 units) $87,000 $87,000 b. Computer Replacement: Desktop & Cruiser $10,000 $10,000 c. Body Armor $20,000 $20,000 e. Exterior Painting $10,000 $10,000

5. Nauset Regional School District: $222,407

a. Capital Plan Projects $222,407 $222,407

6. Water Department: $512,000

a. Construction Account $180,000 $180,000 b. Truck Replacement (4x4) $47,000 $47,000 c. Wells 1 & 2 Redeveloment $160,000 $160,000 d. Engineering Design: Tanks 1 & 2 Rehab $65,000 $65,000 e. Engineering Design: Scada System Upgrade $60,000 $60,000

7. Elementary School Department: $130,000

a. Technology Projects $30,000 $30,000 b. Exterior & Interior Painting Project $30,000 $30,000 c. Flooring Replacement Project $20,000 $20,000 d. Testing & Abatement of Hazardous Materials $10,000 $10,000 e. HVAC, Plumbing, Electrical Maintenance & Repairs $15,000 $15,000 f. Grounds Maintenance $25,000 $25,000

8. Captains Golf Course: $116,617

a. Triplex Tee & approach Mower $45,000 $45,000 b. Two (2) Blowers $14,000 $14,000 c. One (1) Sod Cutter $5,000 $5,000 b. Rough Mowers & Utility Vehicle Lease Expense (3rd pmt) $52,617 $52,617

9. Natural Resources: $41,700

a. Electronic Mooring Permitting & Management $11,700 $11,700 b. Electronic Fish Counter for Mill Site $10,000 $10,000 c. Park & Trail Enhancement $10,000 $10,000 d. Beach/Landing Improvements $10,000 $10,000

10. Ladies Library $5,000

a. Technology $5,000 $5,000

9 Local Business Funding $26,000 $26,000

10 Brewster Town Band Funding $3,500 $3,500

11 Bayside Skippers Funding $4,500 $4,500

A MAY 2016 ANNUAL TOWN MEETING TOTAL RAISE FREE OTHER COMM WATER GOLF AMBUL. PENSION / General or2-May-16 FUNDING & CASH AVAIL. PRES REVENUE RECEIPTS RECEIPTS OVERLAY Debt BORROW

NO. ARTICLE NAME REQUEST APPROP. FUNDS FUNDS ACCOUNT ACCOUNT FUND FUND FUND Override AUTH.12 Crosby Mansion Revolving Fund $0

13 Cable Franchise Fee Account $179,244 $179,244

14 Recreation Revolving Fund $0

15 Property Valuation Services $72,000 $72,000

16 Temporary Borrowing Authorization $0

17 Acceptance of Town Grants $0

18 Repair & Resurface Town Roads / Chapter 90 $0

19 Private Road Betterement / Leona Terrace $152,561 $4,078 $148,483

20 Private Road Betterement / Rocky Hill Rd $414,400 $11,000 $403,400

21 Tri-Town Treatment Plant Eng & Permiting Exp $100,000 $100,000

22 Stormwater Management Bylaw $0

23 Code Amendment Zoning & General Bylaw Adjustment Stormwater Bylaw $0

24 Cell Tower Lease (needs Map/Lot/Deed Reference) $0

25 Lease of Town Land Solar Canopy (Lease/Licence?) $0

26 Recind Debt Authorizations $0

A MAY 2016 ANNUALTOWN MEETING TOTAL RAISE FREE OTHER COMM WATER GOLF AMBUL. PENSION / General or2-May-16 FUNDING & CASH AVAIL. PRES REVENUE RECEIPTS RECEIPTS OVERLAY Debt BORROW

NO. ARTICLE NAME REQUEST APPROP. FUNDS FUNDS ACCOUNT ACCOUNT FUND FUND FUND Override AUTH.

27 Hazardous Waste Collection Program $11,000 $11,000

28 Gift of Land (Red Top Rd) Map 15 Parcel 3 $0

29 Orleans Adult Day Care $9,160 $9,160

30 Tax Title Revolving Funds

31 PEG Access & Cable Related Fund

32 Planning Board Term

33 Any Other Business $0

GRAND-TOTAL $44,474,249 $39,361,315 $867,519 $401,669 $956,223 $710,460 $620,390 $469,990 $249,500 $0 $837,183$44,474,249

ATM / 2014 $584,087Spec Town Mtg $208,645 ATM / 2013 $735,280Annual Town Mtg. $867,519 ATM / 2012 $670,831

Total $1,076,164 ATM / 2011 $593,839ATM / 2010 $651,863

FC Current Balance $1,449,890 ATM / 2009 $624,252FC Goal $600,000 ATM / 2008 $461,547Reduction Goal $849,890 ATM / 2007 $1,025,739REDUCTION NEEDED -$226,274 ATM / 2006 $543,124

Free Cash Worksheet Free Cash Hist. ATM Util.

Town of Brewster 2198 Main Street

Brewster, MA 02631-1898 Phone: (508) 896-3701

Fax: (508) 896-8089

www.brewster-ma.gov

BoS 10-19-15 Page 1 of 4

Office of: Board of Selectmen Town Administrator

MINUTES OF THE BOARD OF SELECTMEN REGULAR SESSION MEETING DATE: October 19, 2015 TIME: 6:30 P.M. PLACE: Brewster Town Office Building, 2198 Main Street PRESENT: Chairman deRuyter, Selectman Foley, Selectman Dickson, Selectman Norton, Selectman Hughes, Town Administrator Charles Sumner, Assistant Town Administrator Jillian Douglass, Robert Ford, Lisa Souve, Daniel Buddington, Lynda Brodgen-Burns, Gerri Carlin, Jeff Odell, Chief Koch, Rich Eldred, Chris Miller, Ed Lewis, Emily Sumner Call to Order Chairman deRuyter called the meeting to order at 6:31pm. Citizens Forum Gerri Carlin & Jeff Odell from the Friends of the Captains presented a check to the Town in the amount of $3,055 towards the purchase of new fairway yardage markers. Chairman deRuyter stated that this is the last Selectmen’s meeting for Charles Sumner as our Town Administrator. Each Board member thanked Mr. Sumner for his service to the Town. Mr. Sumner thanked the Board, past and present, for their support and he felt blessed to be the Town Administrator for Brewster. Discuss July 31, 2015 Incident at the Woodshed Chief Koch stated that a person came into the station to report that he had been the victim of assault and battery at the Woodshed. There was also a second complaint from a female who stated that she was injured by some glass during an incident at the bar. The police investigated to the best of their ability with the lack of information they had. It is a ‘he said/she said’ case. Chief Koch simply wants to give the Board the opportunity to state that they do not want an establishment in their Town where this type of incident takes place and that these type of incidents should be reported to the Police. Mr. Ford stated that he does not want to run and establishment where these types of incidents take place. Selectman Dickson asked when an establishment should contact the Police. Chief Koch stated that the person in charge should be able to recognize and if possible diffuse a situation. The Police should be called when the line is crossed. Selectman Foley asked why the Police weren’t called. Mr. Ford stated that it was closing time and they were trying to close the establishment and help the people leave the premises. Selectman Norton feels that the Board should produce a written warning to the Woodshed. Selectman Dickson moved to draft a letter to be signed by the Chairman to be kept in the Woodshed’s file, Selectman Foley second. The Board voted 5-Yes, 0-No.

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www.brewster-ma.gov BoS 10-19-15 Page 2 of 4

Review & Discuss FY17 Financial Forecast Mr. Sumner and Ms. Souve went over the FY17 forecast. Ms. Souve went over estimated revenues. Revenues have been growing an average of 11% over the last five years. Mr. Sumner went over the items in the property tax levy base. The debt exclusion will grow by approximately $100,000 per year. In the revenue category Mr. Sumner stated that they estimate local receipt growth at 1.5%, State at 2% and 2.5% on water receipts. This is a low estimate when compared to the actual receipt growth over the last 5 years, this is part of the reason that Free Cash is in good shape. Other available funds really refers to special accounts; such as the golf receipts account, ambulance receipts account, etc. Total revenues for FY17 are estimated at $43,634,288. Mr. Sumner then went over the estimated expenditures, including operating budgets, debts and articles for Town Meetings and State & County assessment, such as school choice and Cape Cod mosquito control. The estimated expenditures for FY17 is $43,378,651; which produces a surplus of $255,836. Dog Hearing – Dangerous Dog, Rocky Lynda Brodgen-Burns went over the incidents with Rocky, two of the three were sudden and unprovoked. Officer Brodgen-Burns is concerned with the locations of the bites on the victims. Officer Brodgen-Burns has recommendations for the Board that the dog be humanely muzzled, when the dog is off the property or in presence of people he does not know. Also to be on a 3 ft lease when off the property and confined to a pen in a fenced area when on his property. If the Board declares the dog dangerous, the order is effective throughout the Commonwealth. Mr. Buddington stated that he is a nice dog aside from these incidents. Selectman Hughes also encouraged Mr. Buddington to spend some training time with Rocky as well. Selectman Norton moved that the Board designate Rocky a dangerous dog and adopt the recommendations made by Officer Brodgen-Burns, Selectman Foley second. The Board voted 5-Yes, 0-No. Discuss & Vote on Article 1, Proposition 2 ½ Debt Exclusion Override for the Design, Engineering, Permitting & Construction of a New Fire Station Facility, of the November 16, 2015 Special Town Meeting Mr. Sumner stated that since the tax rate has been set, the Town cannot raise and appropriate for this article. If available funds were needed, Free Cash would be used. Anything beyond that would be borrowing. There may need to be temporary borrowing for design, engineering and going out to bid, which would be rolled into the final borrowing expense. Selectman Foley moved to approve article 1, Proposition 2 ½ Debt Exclusion Override for the Design, Engineering, Permitting & Construction of a New Fire Station Facility, of the November 16, 2015 Special Town Meeting as printed in the warrant, Selectman Dickson second. The Board voted 4-Yes, 1-No. Personnel Bylaw Hearing – Review, Discuss & Vote on Proposed Amendment to Personnel Bylaw; Additional Service Credits Chairman deRuyter read the public hearing notice. Mr. Sumner stated that he would like to add language to the Personnel Bylaw policies that would allow the Town Administrator, with the approval of the Selectmen, to offer additional employment service benefit to new employees. This would help in the recruitment of qualified candidates for an employment position. This gives the Town Administrator the ability to negotiate with candidates for items such as vacation time. Selectman Norton moved to adopt the personnel change as recommend by the Town Administrator, Selectman Foley second. The Board voted 5-Yes, 0-No. Close, Sign & Post the November 16, 2015 Special Town Meeting Warrant Selectman Foley moved to close, sign and post the November 16, 2015 Special Town Meeting Warrant, Selectman Dickson second. The Board voted 4-Yes, 1-No.


Review, Vote, Sign & Post Proposition 2 ½ Ballot Question for December 1, 2015 Election Selectman Foley moved to close, sign and post the December 1, 2015 ballot, Selectman Dickson second. The Board voted 4-Yes, 1-No. Review & Approve July 27, 2015 Regular Session Meeting Minutes, September 2, 2015 Regular Session Meeting Minutes, September 28, 2015 Executive Session Meeting Minutes, Selectman Foley moved to approve the July 27, 2015 executive session meeting minutes, the September 2, 2015 regular session meeting minutes and the September 28, 2015 regular session meeting minutes, Selectman Norton second. The Board voted 5-Yes, 0-No. Appointments Selectman Hughes moved to appoint Michael E. Embury as Town Administrator, effective November 1, 2015 – October 31, 2018, Selectman Foley second. The Board voted 5-Yes, 0-No. Action Items Selectman Norton moved to approve action items 1-3, as recommended by Administration, Selectman Dickson second. The Board voted 5-Yes, 0-No. The Board thanked the Duker family for the donation of the prints FYI Items None Liaison Reports None Topics the Chair did not Reasonable Anticipate None Media Questions Rich Eldred asked for clarification on Mike Embury’s end date, which will be October 31, 2018. Future Meetings Tri Town Meeting – October 28, 2015, November 2 &16, 2015 Selectman Norton moved to adjourn at 7:52pm, Selectman Dickson second. The Board voted 5-Yes, 0-No. Respectfully submitted, Susan Broderick Administrative Supervisor Approved: _______________ Signed: _______________________________________ Date Peter Norton, Clerk of the Board of Selectman


Accompanying Documents in Packet: agenda, Police reports on 7/31/15 incident at Woodshed, FY17 financial forecast, 2005-2015 revenue history, letter to Daniel Buddington, copy of reports from Lynda Brodgen on ‘Rocky”, emails to & from S. Broderick & L. Brogden, re;location of Rocky, update from Pomroy accociates to Selectmen on Fire Station, memo from Town Administrator to Selectman, re; amendment to Personnel Bylaw, part 2 of Personnel Bylaw policies, ballot question, 07/27/15 meeting minutes, 9/2/15 meeting minutes, 92/8/15executive session meeting minutes, appointments, action items, FYI



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BoS 11-02-15 Page 1 of 5


MINUTES OF THE BOARD OF SELECTMEN REGULAR SESSION MEETING DATE: November 2, 2015 TIME: 6:45 P.M. PLACE: Brewster Town Office Building, 2198 Main Street PRESENT: Chairman deRuyter, Selectman Foley, Selectman Dickson, Selectman Norton, Selectman Hughes, Town Administrator Michael Embury, Assistant Town Administrator Jillian Douglass, Lisa Vitale, Denise Rego, Patrick Ellis, Laura Kelley, Bruce Taub, Chris Powicki, Jim Francis, Cindy O’Leary, Rich Eldred, Bob Deloye & Karen Thurber ABSENT: Selectman Hughes Call to Order Chairman deRuyter called the meeting to order at 6:49pm. Chairman deRuyter welcomed the new Town Administrator Michael Embury to his first meeting and first day on the job. Executive Session Chairman deRuyter announced that the executive session was cancelled. Citizens Forum None Review & Approve Temporary Borrowing Notes for: Eddy School Renovation, Golf Course Improvement Project, DPW Capital Equipment & Stony Brook Window Project Lisa Vitale stated that there are four notes, for the four different projects, Cape Cod Five won the bid, but the the interest rates on each note are different. Ms. Vitale went over the four notes and their individual interest rates. Selectman Norton moved to approve the temporary borrowing note in the amount of $51,399 for the DPW Capital Equipment, Selectman Foley second. The Board voted 4-Yes, 0-No. Selectman Norton moved to approve the borrowing note, in the amount of $86,900, for the Stony Brook window project, Selectman Foley second. The Board voted 4-Yes, 0-No. Selectman Norton moved to approve the borrowing note, in the amount of $255,300, for the Eddy School renovation project, Selectman Foley second. The Board voted 4-Yes, 0-No. Selectman Norton moved to approve the borrowing note, in the amount of $160,000, for the Golf Course improvement project, Selectman Foley second. The Board voted 4-Yes, 0-No.



Review & Approve Council on Aging Community Survey Denise Rego gave background information on the status of the community survey. The survey will go to 3000 random citizens over the age of 45. On November 23 there will be a forum with the consultant, Jan Muchler and some community leaders. There will be 2 other forums as well, with different members of the community/users of the COA. On April 27th they will present the results of the survey. Cindy O’Leary gave background information on why this project is being worked on; including the need for a new senior center/community center and what public forums have been held to date. Chairman deRuyter asked for clarification on what the end product delivered by Dr. Muchler will be. Mr. Deloy stated that it will be demographic information and what the aging population of Brewster is looking for and what is lacking. The Board endorsed the Council on Aging Community Survey. Review & Discuss Current & Future Road Projects Patrick Ellis thanked the DPW employees for all of their hard work and working with him and making him feel welcome as the Interim Superintendent. Over the summer, the DPW did a lot of small patching on many of the roads in Town. Mr. Ellis went over completed pavement projects in both phase 1 & 2, including Stony Brook and work by Canoe Pond. There was also gravel grading of roads, all roads were swept and catch basin cleaning continues. There will be drainage work on Freemans Way, as its’ drainage is inadequate. Snow & Underpass Road reconstruction project has been awarded to Lawrence Lynch and that project will take place in the spring. This winter he will do engineering and planning for the spring projects that the department would like to do. There will be some drainage work on Town landing roads. One major project he would like to do is the redesign of Millstone Road. He would like to work on this this winter and get feedback from the public on what the public would like that road to be. Mr. Ellis stated that he is working with the pavement management plan. Mr. Ellis stated that he may try to get part of Tubman Road re-paved before the hot top plants close for the winter. Mr. Ellis gave clarification on landing projects that are being worked on with the Natural Resources department. He also stated that Ellis & Linnell could be worked on this fall, but spring is more likely as they require drainage work. Chairman deRuyter asked Mr. Ellis what he thought the timeline of the $10 million dollar road bond may be, how many years to spend it? Mr. Ellis answered that that is a policy decision on the Board’s part; he can spend as much money as the Town likes. Review, Discuss & Vote on Article 2, Citizens’ Petition/Bylaw Regarding Brewster’s Integrity & Restrictions on Use of Donated Property, of the November 16, 2015 Special Town Meeting Mr. Fancis stated that the purpose of this article was in response to the September 2, 2015 Town meeting and the beach articles. For deed restrictions, the restriction must be in the deed. This article models what the Board did with the Cist property and using part of the park to improve access to the park. Chairman deRuyter stated that the Board does not yet have Town Counsel’s opinion on the article, so he will poll the Board to see if they want to vote on this article this evening or wait unit Town Counsel’s opinion is available. Mr. Francis and Mr. Powicki stated that if there would not be a bylaw, the Board could adopt a policy. Mr. Powicki suggested that the Town may want to undertake a property analysis on all the property that was donated or purchased by the Town. Mr. Francis stated that the original summary of the article may have been too controversial and perhaps they could have time at Town Meeting to give a short summary of the article. The Board was in agreement to wait to vote on this article until their meeting on November 16, 2015. Presentation by POCCA on Possible Next Steps Regarding Eversource Spraying of Herbicides on Rights of Way Laura Kelley stated that the organization’s mission is to stop Eversource from spraying herbicides on rights of way by the power lines. She discovered that no easements stated that herbicides can be used. Senator Wolf has a bill on the floor, S 478, which would give each Town the right to state how Eversource can maintain their rights of way. Mr. Taub gave background information on a lawsuit against Eversource for using


herbicides. A temporary restraining order was denied. There is unfortunately a motion to dismiss, which will most likely be granted. In Mashpee the Selectman asked Eversource not to spray herbicides and the Town will pay for the trimming of the vegetation, but Eversource would not agree. Mr. Taub suggests that Towns write a letter in support of Senator Wolf’s bill. Massachusetts Department of Agriculture Resources (MDAR) regulations say that no spraying is allowed within 50 feet of drinking (public) water and 100 feet from private drinking water. POCCA’s point is that the Cape Aquifer is 50 feet from everything. Mr. Taub encourages the Board to consult with Town Counsel on working with POCCA on interventions to keep Eversource from spraying herbicides. The notice of the next set of spraying will most likely be in December or January. If Towns were to join the lawsuit, it would keep the lawsuit alive. The Board will consult with Town Counsel on if it makes sense for them to join the lawsuit. It will be discussed at the meeting on November 16th. Discussion & Possible Vote on Budget Guideline for FY17 Chairman deRuyter stated that the Financial Forecast has been updated and currently shows a surplus of $97,393 in the Town operating budget. When you include the schools at a 2.5% guideline a total of approximately $198,000 would need to be cut. Selectman Foley moved to set the budget guideline for FY17 at 2.5% increase, Selectman Dickson second. Selectman Dickson is concerned with the school budget, as last year they had to make several cuts. The Board voted 4-Yes, 0-No. Review & Approve March 23, 2015 Regular Session Meeting Minutes, October 5, 2015 Regular Session Meeting Minutes, October 5, 2015 Executive Session Meeting Minutes, Selectman Foley moved to approve the March 23, 2015 regular session meeting minutes, the October 5, 2015 regular session meeting minutes and the October 5, 2015 executive session meeting minutes, Selectman Dickson second. The Board voted 4-Yes, 0-No. Appointments Selectman Dickson moved to appoint Deborah Granelli as Police Matron effective November 2, 2015 – June 30, 2016, Morgan A. Vermette as Probationary Police Officer and Keeper of the Lockup effective November 2, 2015 – November 1, 2016; Michael E. Embury as Emergency Planning Deputy Director for a term of 1 year, expiring June 30, 2016, David Whitney as Election Warden for a term of 3 years expiring June 30, 2018, Patrick Ellis as Interim Tree Warden effective November 2, 2015 – January 2, 2016, Selectman Foley second. The Board voted 4-Yes, 0-No. Action Items Selectman Norton moved to approve action items 2-8, as recommended by Administration, Selectman Dickson second. The Board voted 4-Yes, 0-No. Selectman Dickson moved to approve action item 1, and moved that pursuant to the Vote on Article 7 (Item 2) of the Brewster Special Town Meeting held on May 4, 2015, and the Grant Agreement dated August 25, 2015 by and between the Town of Brewster, acting by and through the Community Preservation Committee ("CPC"), and the Harwich Ecumenical Council for the Homeless ("HECH"), wherein the CPC agreed to grant the HECH One Hundred Eighteen Thousand and 00/100 ($118,000.00) Dollars to administer the Homeowner Emergency Loan Program (HELP) that would provide 0% loans of up to $25,000 for low income homeowners in Brewster to make critically needed health, safety, and energy efficiency repairs to their homes, and as a condition of the Grant Award, the CPC shall be entitled to recapture its funding should the homeowner ever sell or transfer the Prope1ty except to an income eligible heir who will live in the home as their principal place of occupancy. Jessica DiGravio, of 12 Daisy Lane, Brewster, MA. has been certified to have met all the underwriting and program criteria to receive a loan under the HELP and to secure such loan and the aforementioned grant condition, she has agreed to grant the Town of Brewster a mortgage interest of $23,401.17 (Twenty-three


Thousand Four Hundred One dollars and seventeen cents) in the property and to record the mortgage instrument against the title to the property at the Barnstable County Registry of Deeds, the Board of Selectmen hereby Votes to authorize the CPC to accept said mortgage interest on behalf of the Town of Brewster, Selectman Foley second. The Board voted 4-Yes, 0-No. Selectman Dickson moved that, pursuant to the Vote on Article 7 (Item2) of the Brewster Special Town Meeting held on May 4, 2015, and the Grant Agreement dated August 25,2015 by and between the Town of Brewster Community Preservation Committee ("CPC") and the Harwich Ecumenical Council for the Homeless ("HECH"), wherein the CPC agreed to grant the HECH One Hundred Eighteen Thousand and 00/ I 00 ($118,000.00) Dollars to administer the Homeowner Emergency Loan Program (HELP) that would provide 0% loans of up to $25,000 for low income homeowners in Brewster to make critically needed health, safety, and energy efficiency repairs to their homes, and as a condition of the Grant Award, the CPC shall be entitled to recapture its funding should the homeowner ever sell or transfer the Property except to an income eligible heir who will live in the home as their principal place of occupancy. Caroline O'Donnell a/k/a Caroline S. Davenport, of 231 Governor Bradford Rd, Road, Brewster, MA. has been certified to have met all the underwriting and program criteria to receive a loan under the HELP and to secure such loan and the aforementioned grant condition, she has agreed to grant the Town of Brewster a mortgage interest of $17,403.45 (Seventeen Thousand Four Hundred Three dollars and forty-five cents) in the property and to record the mortgage instrument against the title to the property at the Barnstable County Registry of Deeds, the Board of Selectmen hereby Votes to authorize the CPC to accept said mortgage interest on behalf of the Town of Brewster, Selectman Foley second. The Board voted 5-Yes, 0-No. Selectman Dickson moved that, pursuant to the Vote on Article 7 (Item 2) of the Brewster Special Town Meeting held on May 4, 2015, and the Grant Agreement dated August 25, 2015 by and between the Town of Brewster Community Preservation Committee ("CPC") and the Harwich Ecumenical Council for the Homeless ("HECH"), wherein the CPC agreed to grant the HECH One Hundred Eighteen Thousand and 00/ I 00 ($118,000.00) Dollars to administer the Homeowner Emergency Loan Program (HELP) that would provide 0% loans of up to $25,000 for low income homeowners in Brewster to make critically needed health, safety, and energy efficiency repairs to their homes, and as a condition of the Grant Award, the CPC shall be entitled to recapture its funding should the homeowner ever sell or transfer the Property except to an income eligible heir who will live in the home as their principal place of occupancy. Elizabeth Taylor, of 245 Run Hill Road, Brewster, MA. has been certified to have met all the underwriting and program criteria to receive a loan under the HELP and to secure such loan and the aforementioned grant condition, she has agreed to grant the Town of Brewster a mortgage interest of $9,843.45 (Nine Thousand Eight Hundred Forty-three dollars and forty-five cents) in the property and to record the mortgage instrument against the title to the property at the Barnstable County Registry of Deeds, the Board of Selectmen hereby Votes to authorize the CPC to accept said mortgage interest on behalf of the Town of Brewster, Selectman Foley second. The Board voted 4-Yes, 0-No. FYI Items Chairman deRuyter made mention of item G, the LIP application approval of the Habitat Project on Tubman Road. Liaison Reports Chairman deRuyter stated that last Saturday he attended a housing needs forum in the Town of Truro, he thinks that the Board should have a discussion on housing needs in the future. Selectman Foley gave an update on the Tri-Town meeting that took place on October 28th with the three Select Boards. Unfortunately, Orleans is still not ready to make a decision. It was made known that Brewster is looking at the Yarmouth


facility. Topics the Chair did not Reasonable Anticipate None Media Questions None Future Meetings November 16 & 30, 2015, December 7 & 14 Selectman Foley moved to adjourn at 8:52pm, Selectman Dickson second. The Board voted 4-Yes, 0-No. Respectfully submitted, Susan Broderick Administrative Supervisor Approved: _______________ Signed: _______________________________________ Date Peter Norton, Clerk of the Board of Selectman Accompanying Documents in Packet: agenda, memo from Lisa Vitale on temporary borrowing notes, draft letter and community survey for COA, copy of judge’s ruling in Eversource injunction, copy of Eversource injunction, FY17 financial forecast, 03/23/15 meeting minutes, 10/5/15 meeting minutes, 10/5/15 executive session meeting minutes, appointments, action items, FYI



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BoS 12-14-15 Page 1 of 5


MINUTES OF THE BOARD OF SELECTMEN REGULAR SESSION MEETING DATE: December 14, 2015 TIME: 6:30 P.M. PLACE: Brewster Town Office Building, 2198 Main Street PRESENT: Chairman deRuyter, Selectman Dickson (7:00), Selectman Norton, Selectman Hughes, Selectman Foley, Town Administrator Michael Embury, Assistant Town Administrator Jillian Douglass, Kathy Cockcroft, Mark O’Brien, Ralph & Rose Ingegneri, Chuck Hanson, Patrick Ellis, Rich Wolf, Chuck Hanson, Colin Odell, Robert Moran, Mike Fitzgerald, Chief Koch, Patrick Ellis, Chief Moran, Charlie Sumner, Chris Miller, Herb Montgomery Call to Order Chairman deRuyter called the meeting to order at 6:30pm. Executive Session Chairman deRuyter announced that the Board would go into executive session to consider the purchase, exchange, lease or value of real property as an open meeting may have a detrimental effect on the negotiating position of the Town; Ellis Landing & Slough Road and to conduct contract negotiations with nonunion personnel; Director of Golf Operations Selectman Norton moved that the Board dissolve open session at 6:31pm and go into executive session to consider the purchase, exchange, lease or value of real property as an open meeting may have a detrimental effect on the negotiating position of the Town; Ellis Landing & Slough Road and to conduct contract negotiations with nonunion personnel; Director of Golf Operations, and to return to open session, Selectman Foley second. The Board voted unanimously; Selectman Foley – Yes, Selectman Hughes – Yes, Selectman Norton – Yes, Chairman deRuyter – Yes. Selectman Norton moved to dissolve executive session at 7:15pm and return to open session, Selectman Foley second. The Board voted unanimously; Selectman Dickson – Yes, Selectman Foley – Yes, Selectman Hughes – Yes, Selectman Norton – Yes, Chairman deRuyter – Yes. Citizens Forum Colin Odell asked if the Board had any questions on the gift of the screening for the pot-o-lets for the



Captains, there were none. Mr. Odell went over the contributions of the Friends over the last year. John Lamb was pleased with the forum that CBI presented. He also made mention of the fire station vote and he questions the best location for a new station. He feels there may be a better site for a new station. Review, Approve & Sign Amendment to Employment Agreement Between the Town of Brewster and Director of Golf Operations Chairman deRuyter stated that this is a 6 month extension to have the agreement end in December 31, 2018 Selectman Dickson moved to approve the amendment to the employment agreement between the Town of Brewster and Director of Golf Operations, Selectman Norton second. The Board voted 5-Yes, 0-No. Review and Vote on Assistant Reference Librarian Job Description Kathy Cockcroft stated that the library has a part time vacancy, 27 hours, helping the public. The Library Board reviewed the job description when it became vacant and in November, voted to change the position from a grade 3 to grade 4. The entry level salary would be just over $19 an hour. Administration reviewed the request and agrees with the upgrade to a grade 4. The job description will go to the union for approval. Selectman Norton moved to approve the job description for the Assistant Reference Librarian and for it to be a grade 4, Selectman Foley second. The Board voted 5-Yes, 0-No. Presentation & Information on 2013 Marathon Tribute Memorial Group Ralph Ingegneri, Chairman of the Committee, listed the members of the committee. Rose Ingegneri gave background information on how the organization came to be. The Committee wishes to pay tribute to the victims and families of the tragedy. Sean Egan is working on a crystal memorial. Mr. Fitzgerald went over the concept of the crystal memorials; including a picture of Sean Collier. It will be on a wooden pedestal and will be lighted. Sean Egan is working at no cost on the crystal. The Committee hopes to raise funds to pay for the rest, i.e. continued maintenance of the pieces. The Collier family has approved the memorial of Sean. There will also be a second memorial for the Marathon itself, hopefully housed at the Boston Library. On Friday the 15th there will be a ceremony at MIT with State representatives and the mayor of Waterford Ireland. Mr. Sumner read the mission statement of the committee. Mr. Sumner is going to run the 2016 marathon for this cause. Herb Montgomery stated that the group would like to raise money to pay for the sculptures and any residuals would go to funds that go to medical expenses of victims and other charities that are already set up to help the victims of the bombing. The committee has a website where donations can be made on line. The committee hopes to raise $100,000.00. Chief Moran went over how the committee is reaching out to celebrities for support; including local Boston celebrities. Presentation on NexAmp Photovoltaic Project CVEC is bringing this opportunity forward to all present off-takers. Ms. Argo went over a powerpoint presentation; including the benefits from net metering credits, Brewster’s current projects that the Town participates in, and the pv system that will be built in Dartmouth; NexAmp. It would be a fixed price PPA. From the NexAmp project and Brewster most likely will be able to obtain just over 60,000kWh. There may be 9 off-takers for this program. There will be a pro-rated distribution of the kWh produced by this project. CVEC is asking for the Boards vote to participate in the project and would then produce a PPA for legal review. Mr. Wolf added that the Town should look at solar panels on the new fire station. The Energy Committee supports this project. There was a brief discussion on why municipalities’ electrical usage continues to increase. Selectman Foley moved that the Board adopt the municipal net meeting off taker of the NexAmp project for up to 119,297Kwh, Selectman Dickson second. The Board voted 5-Yes, 0-No. Update & Discussion on Route 6A Project Due to the excellent weather, the contractor has been able to continue working and is ahead of schedule,


almost half of the sidewalk footage is almost complete. The problem with the highway and one of the requests of the Town was to have a bike lane on Route 6A. Mr. Ellis stated that the highway is of variable width within the Town, so the bike lanes will be of variable width; some as small as 18 inches. The contractor has their own asphalt plant which will allow them to open and close as they see fit. Chief Koch gave a brief update on the National Grid project on the east end of Route 6A. The Town is pressuring National Gird to repave the trench before the winter hits. DOT told National Grid they could leave the trench as is, the DPW Superintendent and Police Chief are working on getting the trench repaired so that the ride quality is better and the road may be plowed. Selectman Norton moved that the Board draft a letter to DOT, National Grid and State Representatives on the condition of the trench, Selectman Dickson second. The Board voted 5-Yes, 0-No. The DPW Superintendent and Police Chief are keeping a close eye on the project and constantly meeting with the engineer of the project. Discuss Location of Town Fuel Pumps Mr. Embury went over the three possible location for the fuel pumps. The most logical place seems to be the Department of Public Works. This will allow the issue of the traffic flow of the DPW/Recycling Center to be addressed and Town vehicles, including fire engines, would have no issue in entering and exiting the DPW. Chief Koch added that the current system is inefficient and needs to be replaced and updated. The consensus is that one new streamlined fueling system makes sense for the Town. This item can go to spring Town meeting. Selectman Foley questioned if the Police Station was a better location for the fuel pumps. Mr. Embury answered that the DPW is more readily accessible, especially during snowstorms, etc. The DPW equipment is the one that will be using the station the most during a storm event. Robert Miller expressed his opinion that the neighbors of the Police Station should be considered. The next step will be to put together plans and get price estimates. Discuss Size & Charge of Fire Headquarters Building Committee Chairman deRuyter went over the background of this item. He would like to discuss the size and charge of the committee. Selectman Hughes made mention that the Energy Committee could take on the charge of looking at the potential use of renewable energy. There will be an aggressive schedule for this committee. Selectman Foley moved to approve the charge of the Fire Station Building Committee as submitted, Selectman Dickson second. Selectman Foley moved to approve the suggested size of the committee, as submitted, Selectman Dickson second. The Board voted 5-Yes, 0-No. Discussion on Work Group for Budget Review Chairman deRuyter would like to bring this back to a January meeting. The intent is to streamline the budget review process. Discuss Extension of Operations of Tri-Town Septage Treatment Plant Chairman deRuyter stated that the Town of Eastham and Orleans Boards have voted to discontinue operation of the Tri-Town plant as of December 31, 2016. The other two Boards are asking Brewster as the third member to take a vote. Selectman Foley moved to not extend operation of the Tri-Town plant beyond the current agreement date of 12/31/16 and to close earlier if at all possible, Selectman Dickson second. The Board voted 5-Yes, 0-No. Mr. Embury said the Town will need to look at a funding article for the Spring Town meeting for the closure of the plant and severance packages for the personnel. The Town will continue the process of working with the Yarmouth septage facility, but the relationship is more likely to be between the haulers and the Yarmouth plant, versus the Town and the Yarmouth plant. Mr. Embury will be attending the next Board of Managers meeting for Tri-Town in January and will report back.


Discuss Content of Selectmen Meeting Minutes Mr. Embury stated that there was a discussion on the content of the meeting minutes and to reduce the content based on the time it takes to produce the meeting minutes. The Board was in agreement that the minutes can be streamlined. Refer Leona Terrace & Rocky Hill Road Private Road Betterments to Planning Board for Public Hearing Selectman Foley moved to refer Leona Terrace and Rocky Hill Road private road betterments to the Planning Board for public hearing, Selectman Dickson second. The Board voted 5-Yes, 0-No. Appointments Selectman Hughes moved to appoint Michael Embury as Brewster’s representative to the Orleans, Brewster, Eastham Groundwater Protection District Board of Managers for a term of 3 years, expiring June 30, 2018, Selectman Dickson second. The Board voted 5-Yes, 0-No. Action Items Selectman Norton moved to approve action items 1-5 & 7-9, as recommended by Administration, Selectman Dickson second. The Board voted 5-Yes, 0-No. Selectman Dickson moved to approve action item 5 and moved to amend the mortgage resolution adopted by the Board of Selectmen on November 2, 2015 to accept interest of $17,403.45 from Caroline Davenport, 231 Governor Bradford Road, Brewster, MA, in order to increase the mortgage amount by $1,260 to $18,563.45, Selectman Norton second. The Board voted 5-Yes, 0-No. FYI Items No discussion Liaison Reports Selectman Hughes mentioned that Nick deRuyter has resigned from the Planning Board. The vacancy will be posted and the two Boards will have a joint meeting to fill the vacancy. Topics the Chair did not Reasonable Anticipate None Media Questions Rich Eldred asked about the Pond near the DPW and how fuel pumps might effect that. Mr. Embury answered that the fuel pumps will be placed as far away from the pond as possible and it will be an above ground tank, rather than an underground tank. Future Meetings January 4 & 11, 2016 Selectman Norton moved to adjourn at 9:03pm, Selectman Dickson second. The Board voted 5-Yes, 0-No. Respectfully submitted, Susan Broderick Administrative Supervisor


Approved: _______________ Signed: _______________________________________ Date Peter Norton, Clerk of the Board of Selectman Accompanying Documents in Packet: agenda, assistant Librarian job description, marathon tribute memorial, NexAmp pv project, route 6A scope of work, memo on relocation of Town fuel pumps, charge of Fires Station Building Committee, memo from Town of Eastham to Orleans Selectmen on closure of Tri Town, Leona Terrace and Rocky Hill Road betterment requests, appointments, action items, FYI



Fax: (508) 896-8089

www.brewster-ma.gov

BoS 01-04-16 Page 1 of 3


MINUTES OF THE BOARD OF SELECTMEN REGULAR SESSION MEETING DATE: January 4, 2016 TIME: 7:00 P.M. PLACE: Brewster Town Office Building, 2198 Main Street PRESENT: Chairman deRuyter, Selectman Dickson, Selectman Norton, Selectman Hughes, Selectman Foley, Town Administrator Michael Embury, Assistant Town Administrator Jillian Douglass, Colette Williams, Victor Staley, Nancy Ice, and Rich Eldred Call to Order Chairman deRuyter called the meeting to order at 7:00pm. Citizens Forum None Review& Vote Town Clerk FY17 Budget Colette Williams stated the budget is up due to an increase in minimum wage on January 1, 2016 and due to the number of elections this year. Selectman Norton moved to approve the Town Clerk’s budget in the amount of $176,545.00, Selectman Foley second. The Board voted 5-Yes, 0-No. Review & Vote Building Department FY17 Budget Victor Staley stated that his clothing allowance line item is the highest increase; this is based on the addition of clothing allowance to the Personnel Bylaw. The supply line item shows an increase due to the need to purchase new building code and electrical code books. Mr. Staley will be producing a fee report relative to what Brewster charges versus other Towns on the Cape. He will share this with the Board. Selectman Norton moved to approve the FY17 Building Department budget in the amount of $381,010.00, Selectman Foley second. The Board voted 5-Yes, 0-No. Review & Vote FY17 Board of Health FY17 Meeting Nancy Ice stated that her budget is level with services. They are currently out to bid for nursing services, which they will open on January 15, 2016. There was a discussion of possibly moving the medical/clinics line item to the emergency management fund, but it is not necessary. Selectman Norton moved to approve the FY17 Health Department budget in the amount of $226,112.00, Selectman Foley second. The Board



voted 5-Yes, 0-No. Review & Vote Town Moderator FY17 Budget Selectman Norton moved to approve the FY17 Town Moderator Budget in the amount of $300.00, Selectman Dickson second. The Board voted 5-Yes, 0-No. Review & Vote Constable FY17 Budget Selectman Norton moved to approve the FY17 Constable budget in the amount of $250.00, Selectman Dickson second. The Board voted 5-Yes, 0-No. Discuss Insurance & Benefits Costs for FY17 Mr. Embury stated that there are preliminary numbers, and they are higher this year; a possible 14% increase. Group Health Insurance has increased due to the premiums. The final budget has not been voted on. In the future Mr. Embury would like to show each department’s share of the health care costs. The liability budget has an estimated 15% increase, this is mostly due to workers compensation injuries. MIIA has recommended that the Town increase some of its coverage in certain areas. Discuss Debt Services FY17 Budget & Future Bonding Mr. Embury stated that in reviewing future bonding there is $1 million dollars in water, which would be a 15 year note, $2.9 million for the school roof, 20 year note and in DPW, $2 million for 15 years. This is $5.9 million dollars in future debt. The first payment in FY17 would just be an interest payment. There will be more information for this at the next meeting. Review & Approve December 7, 2015 Regular Session Meeting Minutes Selectman Norton moved to approve the December 7, 2015 regular session meeting minutes, Selectman Hughes second. The Board voted 5-Yes, 0-No. Appointments Selectman Hughes moved to appoint Robert Speakman to the Agriculture Commission for a term of 3 years, expiring June 30, 2018, Selectman Norton second. The Board voted 5-Yes, 0-No. Action Items Selectman Norton moved to approve action items 1-7, as recommended by Administration, Selectman Dickson second. The Board voted 5-Yes, 0-No. FYI Items Selectman Hughes made mention of item H, the CVEC annual report. Liaison Reports Selectman Hughes stated that there is quite a bit of interest in the Fire Station Building Committee. There are several members of the Finance Committee that would like to serve, but that is not allowed by Town code. Town Counsel is reviewing this and will confirm Topics the Chair did not Reasonable Anticipate None Media Questions None


Future Meetings January 11 & 25 2016, February 8 & 22, 2016 Selectman Norton moved to adjourn at 7:50pm, Selectman Dickson second. The Board voted 5-Yes, 0-No. Respectfully submitted, Susan Broderick Administrative Supervisor Approved: _______________ Signed: _______________________________________ Date Peter Norton, Clerk of the Board of Selectman Accompanying Documents in Packet: agenda, Town Clerk, Building, Health Departments & debt services budget back up materials, 12/7/15 meeting minutes, appointments, action items, FYI



Fax: (508) 896-8089

www.brewster-ma.gov

BoS 01-11-16 Page 1 of 4


MINUTES OF THE BOARD OF SELECTMEN REGULAR SESSION MEETING DATE: January 11, 2016 TIME: 7:00 P.M. PLACE: Brewster Town Office Building, 2198 Main Street PRESENT: Chairman deRuyter, Selectman Dickson, Selectman Hughes, Selectman Foley, Town Administrator Michael Embury, Assistant Town Administrator Jillian Douglass, Joseph Jamiel, Kathy Lambert, Tom Thatcher, Robert Moran, Chris Miller, Mark O’Brien, Peter Ervin, Ralph Ingegneri, Cindy Bingham, Jeff Odell, Rich Eldred ABSENT: Selectman Norton Call to Order Chairman deRuyter called the meeting to order at 7:00pm. Citizens Forum Selectman Hughes informed the public that the beach survey is now available on the Town’s website. There are also paper copies at Town Hall and the Library. Liquor License Hearing: Jamiel Hospitality Company LLC, d/b/a Ardeo Mediterranean Grille Joseph Jamiel stated they are applying for a year round license. They will re-open after the license is approved. Selectman Dickson moved to approve the application of Jamiel Hospitality Company LLC, d/b/a Ardeo Mediterranean Grille for an annual all alcohol liquor license, Selectman Foley second. The Board voted 4-Yes, 0-No. Review & Approve Information Technology FY17 Budget & Discuss Capital Project Request Kathy Lambert stated that the majority of her budget is contracted services and there are some new security services, which reflects the increase in that line item. Also, ‘Facility Dude” will be going away and will be replaced with a new system Ms. Lambert also went over some possible changes to the Town’s website. The Board will wait to vote on this budget until they know the final figure with the removal of Facility Dude. There will most likely be no capital requests in the May Town Meeting warrant, there will be a request in the fall.



Review & Vote Maintenance Department FY17 Budget & Discuss Capital Project Requests Tom Thatcher went over his budget. The clothing line item will most likely change due to the negotiated clothing allowance changes. The Board will wait to vote on this budget until the final number on the clothing allowance. Mr. Thatcher also went over his capital request/projects. He would like to continue to replace carpeting in Town Hall and replace 15 Town Hall windows. Review & Vote Drummer Boy Museum FY17 Budget Part of the increase in this budget is to cover the cost of the BMI license, for the Town to play music. Selectman Foley moved to approve the FY17 Drummer Boy Museum Budget in the amount of $850.00, Selectman Dickson second. The Board voted 4-Yes, 0-No. Review & Vote Fire Department FY17 Budget & Discuss Capital Project Requests Chief Moran went over his proposed FY17 budget. Wages are only a .90% increase and this is partly due to an upcoming retirement of a veteran fire fighter. Chief Moran spoke to the Board regarding the Barnstable County Dispatch. The Sherriff will no longer be subsidizing the budgets. This line item will continue to increase every year. This is Cape wide. This is paid out of ambulance receipts, which will deplete this fund in FY2020. One solution is to hire dispatchers for the Fire Department, another possibility would be to share dispatch with the Brewster Police Department. The fees are based on per capita. Selectman Foley suggested that the Board members may want to visit the dispatch center to get a better idea of what the job entails. 10 of the 15 Cape fire departments use the Sherriff’s dispatch service. The Fire Chief is again requesting to hire a full time Deputy Fire Chief as well as two firefighters/paramedics. The Fire Chief went over his justifications for hiring the 3 employees. The Deputy position can be funded from the overtime wages. It would be a non-union position. The Board discussed several funding options for funding the three positions. Chief Moran would like to apply for a SAFER grant, which would fund the two fire fighter/paramedic for two years. Selectman Foley requested a written report on the Chief’s plan to deal with the Fire Prevention Officer’s absence due to injury. There is the possibility of an override to fund the new positions. If the Board were to move forward with the Deputy Chief position, they would like to review the job description and the idea of it being a contracted position is very interesting. Selectman Dickson moved to approve the FY17 Fire Department budget in the amount of $1,982,772.00, Selectman Hughes second. The Board voted 4-Yes, 0-No. Chief Moran went over the ambulance revenue account; its current balance as well as what it could look like over the next 3 years. Chief Moran also went over his May 2016 capital requests which come out of the ambulance revenue account. A new item this year is a state mandate to carry EMS infusion pumps. Review & Vote Natural Resources FY17 Budget & Discuss Capital Project Requests Chris Miller stated that his general expense items are level with last year. At this time they are still looking to fill the position of the Conservation Administrator. Selectman Dickson moved to approve the Natural Resources FY17 budget in the amount of $303,739.00, Selectman Foley second. The Board voted 4-Yes, 0-No. Mr. Miller went over his possible capital requests; including a mooring permitting software, electronic fish counter, park & trail enhancement project and the usual beach landing improvements and a request to replace boat motors. If the mooring permitting software program is approved, there would be a look at the mooring fees. The motors would be funded by the waterways account. Discuss Commercial Shellfish Regulations Chris Miller stated that a few weeks ago, the Board approved a new shellfish grant. In the packet is a memo from Chris Miller on suggested changes to the commercial shellfish regulations. Mr. Miller is asking the Board to place a moratorium on new grants until after the coastal adaptation strategy is completed. The Board


was in agreement. Selectman Dickson moved that the Board place a moratorium on new shellfish grants, for up to one year, pending the completion of the coastal adaptation strategy and to follow the recommendations outlined in Chris Miller’s memo, Selectman Foley second. The Board voted 4-Yes, 0-No. Review & Vote FY17 Alewives & Millsites Budgets Selectman Dickson moved to approve the FY17 Alewives budget in the amount of $3,400.00, Selectman Foley second. The Board voted 4-Yes, 0-No. Selectman Dickson moved to approve the FY17 Millsites budget in the amount of $4,000.00, Selectman Hughes second. The Board voted 4-Yes, 0-No. Review & Approve FY17 Golf Department Budget & Discuss Capital Project Requests Mark O’Brien went over the projected revenue for FY17, wage costs and general expenses for FY17 as well as debt services. They are projecting a break-even year for FY17; including capital expenses and debt payments. There was also a review of the projections of the golf receipts reserved for appropriations account (GRRAA) over the next seven years. The Golf Commission sent the Board a memo regarding some policy changes for the GRRAA. They are prosing transferring golf surplus from previous fiscal years back to the GRRAA. Selectman Dickson moved to approve the policy from the Golf Commission regarding the golf receipts reserved for appropriations account, Selectman Foley second. The Board voted 4-Yes, 0-No. In regards to the FY17 budget, most of the increase is reflective in the wage line items. The wage line items reflect an increase in pay for the personnel bylaw part time employees. The part-time administrative wage line item also reflects the increase in minimum wage on January 1, 2016 & January 1, 2017. In FY17 the Golf Department would also like to start using overtime for seasonal employees, this will actually help keep the overtime line item down. Mr. O’Brien also went over the general expenses line items. Selectman Dickson moved to approve the FY17 Golf Budget in the amount of $2,225,753.00, Selectman Foley second. The Board voted 4-Yes, 0-No. Mr. O’Brien & Mr. Ervin went over the four items that will be capital requests that will be in the May Town meeting warrant. One of the items is for a new sod cutter, then the current sod cutter, could be transferred to the DPW. Review, Discuss & Vote on 2016 Golf Rates Mark O’Brien stated that the Golf Commission voted unanimously to keep the 2016 golf rates the same as in 2015. Selectman Dickson moved to approve the recommended golf rates for the 2016 golf season, Selectman Foley second. The Board voted 4-Yes, 0-No. Review & Vote Memorial/Veteran’s Day FY17 Budget Selectman Dickson moved to approve the FY17 Memorial/Veteran’s Day budget in the amount of $1,500.00, Selectman Hughes second. The Board voted 4-Yes, 0-No. Review & Approve September 28, 2015 Regular Session Meeting Minutes Selectman Dickson moved to approve the September 28, 2015 regular session meeting minutes, Selectman Foley second. The Board voted 4-Yes, 0-No. Appointments Selectman Hughes moved to appoint Daniel J. Lanctot as Police Officer and Keeper of the Lockup effective February 9, 2016 – February 8, 2017, Andrew J. Dionne as Police Officer and Keeper of the Lock up, Stephen H. Freiner as Special Police Officer (for special duty only) effective February 10, 2016 – February 9, 2017, Patrick Ellis to the Hazardous Waste Committee, Recycling Commission, Oil Spill Coordinator & Tree Warden, expiring June 30, 2016, Robert Miller, Ralph Ingegneri, Charles Sumner, Herb Montgomery & Hayley Winfield to the Fire Station Building Committee for a term of 3 years, expiring June 30, 2019,


Selectman Foley second. The Board voted 4-Yes, 0-No. Action Items Selectman Dickson moved to approve action item 1-2, as recommended by Administration, Selectman Foley second. The Board voted 4-Yes, 0-No. FYI Items No Discussion Liaison Reports Selectman Hughes stated that she & Mr. Miller have a meeting tomorrow with the Consensus Building Institute regarding the applicants for the committee. Topics the Chair did not Reasonable Anticipate None Media Questions Rich Eldred brought up the letter in the Cape Codder regarding dog waste at Drummer Boy and he asked if the Dog Park Committee may take a look at the issue and/or start meeting again and look at a possible location for a dog park. Chairman deRuyter stated that he has had discussions with Hayley Winfield, the chairman of the Dog Park Development Committee and they may begin to meet again, it is undetermined at this time. Future Meetings January 25, 2016, February 8 & 22, 2016 Selectman Foley moved to adjourn at 9:30pm, Selectman Dickson second. The Board voted 4-Yes, 0-No. Respectfully submitted, Susan Broderick Administrative Supervisor Approved: _______________ Signed: _______________________________________ Date Peter Norton, Clerk of the Board of Selectman Accompanying Documents in Packet: agenda, liquor license application from Jamiel Hospitality Company, memo from Chris Miller, re; commercial shellfish grants, memo from Mark O’Brien, re; golf capital request for May warrant, proposed golf rates for 2016 season, 9/28/15 meeting minutes, appointments, action items, FYI

Board of Selectmen Appointments February 8, 2016 Patricia Hess and Thomas Slezak to the Brewster Historical Commission for a term of 3 years, expiring June 30, 2019 Jason A. Zontini as Probationary Police Officer and Keeper of the Lock up effective February 27, 2016 – February 26, 2017

February 8, 2016

Action Items Page 1 of 2

BREWSTER BOARD OF SELECTMEN

MEETING OF FEBRUARY 8, 2016 ACTION ITEMS

1. Permission to Pass Through Town – The MS Challenge Walk is again asking

permission to pass through Town and use the parking area at the Grist Mill as a water stop for their 15th annual Challenge Walk, September 9-11, 2016. Both the Police Chief and Fire Chief have reviewed and approved the route through Town and the Millsites Committee

has no objection to the use of the Mill lot as a water stop.

ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request.

2. One Day Liquor License – The Cape Cod Museum of Natural History is requesting a one day liquor license for a membership meeting on Friday, February 27th from 5pm – 8pm.

Beer & Wine will be served. ADMINISTRATIVE RECOMMENDATION

We recommend the Board vote to approve this request. 3. One Day Liquor License – Cape Cod Repertory Theatre is requesting two one day liquor

license for February 27 & 28, 2016 for a musical revue performance. Beer & wine will be served before the start of the show (2pm) and during intermission.


4. Declare Surplus Property – The Golf Department has several workman utility vehicles, a fairway aerifier and a blower that they would like to have the Board declare surplus. The

DPW may take one of the workman vehicles, the rest of the items will be sold on GovDeals.


5. Request Waiver of Fee – My Generation Energy is requesting a waiver of the $100 Building permit fee for the installation of solar panels on the building owned by Brewster

Conservation Trust. They have already paid $30 of the $100 fee, which has been deposited. The Building Commissioner is recommending a waiver of the remaining $70 fee and the future electrical permit fee, but not inspection fees nor a refund of the $30, as the fee

schedule and policy states no refunds. ADMINISTRATIVE RECOMMENDATION

We recommend the Board vote to support the recommendations of the Building Commissioner and waive the remaining $70 fee and the electrical permit fee only.

February 8, 2016

Action Items Page 2 of 2

6. Request for Signature – The Town Clerk requests the Boards’ signature on the March 1, 2016 Presidential Primary Warrant.

ADMINISTRATIVE RECOMMENDATION We recommend the Board vote to approve this request and sign the warrant.

FYI – February 8, 2016 Page 1 of 1

FYI ITEMS (MAIL) FEBRUARY 8, 2016 A. January Electrical Energy Report B. Friends of the Captains donations through 12/31/15 C. December 2015 PRIM Board update D. December 2015 PRIM account statement E. Copy of letter to Community Preservation Committee from Brewster Housing

Partnership, re; support of Cape Cod Village project in Orleans F. Q1 & Q2 update from Duffy Health Center G. Quarterly NextEra Energy Services Disclosure label H. Natural Gas Energy Report late December – late January I. Demand notices from Department of Industrial Accidents J. Comcast Form 500 for 2015 K. January 2016 landfill solar results L. BGTV Video Services Coordinator 2015 report M. October – December quarterly report from Barnstable Weights & Measures N. 2015 Weights & Measures report O. Independence House FY15 annual report (hard copy in office) P. MassDevelopment 2015 annual report (hard copy in office)

Brewster, Massachusetts · • 2% are 50 to 64 years old • (fy15 statistics) general information...

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Transcript of Brewster, Massachusetts · • 2% are 50 to 64 years old • (fy15 statistics) general information...