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HomeMy Public PortalAboutSelect Board -- 2021-08-20 Minutes WF Town of Brewster Office of; Select Board = 2198 Main Street , r Town Administrator o " y Brewster, MA 026314898 I; , vk� _- Phone : (508) 896kk { :; . , .& ' kk.— — � �<< www . brewster- ma . gov � ;� AL fiO' ` ( . . OR .,I �fuiriuiai1ION vvvv� MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES DATE . August 20, 2021 TIME : 8 : 30 AM PLACE : Remote Participation ALL PARTICIPANTS ARE PARTICIPATING REMOTELY : Chair Bingham , Selectperson Whitney, Selectperson Chatelain , Selectperson Chaffee , Selectperson Hoffmann , Town Administrator Peter Lombardi , Assistant Town Administrator Donna Kalinick Call to Order & Declaration of a Quorum , Meeting Participation Statement and Recording Statement Chair Bingham called the meeting to order at 8 : 30am , conducted a roll call vote of attendance, declared a quorum present, and read the meeting participation and recording statements . Matters Not Reasonably Anticipated by the Chair : None Executive Session Chair Bingham stated that the Select Board is in executive session , each party present recited the following statement : " No other person is present or able to hear the discussion at this remote location . " To discuss strategy with respect to litigation as an Open Meeting will have a detrimental effect on the litigating position of the Town ( Brewster vs . Eversource ) Mr . Lombardi reviewed that the Town had authorized Bruce Taub to file a complaint in Suffolk court against MDAR and shared the following regarding Eversource : • Sounds like Eversource may start to apply herbicides as late as this week or early next week, although we have not heard that they are in town . • Brewster Conservation Trust shared the notification they received that Lewis Tree will begin work next week on behalf of Eversource . • The distribution line on the east side of town wouldn 't start until later in September . • The details provided of the new herbicide application seems like Eversource is nominally trying to make it more limited than they have before, but not significantly . Mr . Lombardi stated that ultimately our hope is that we are granted injunctive relief . The Brewster Conservation Trust Board is interested in joining the Town as a party in our litigation , their latest rational information was sent to Bruce Taub , The Board agreed to have Brewster Conservation Trust join as long as it doesn ' t incur additional costs . Eversource must provide notifications to all abutters, however the dates are a range, not specific . The notice from Lewis Tree had a range from August 24- December 31, 2021 . For residents who contact the Town BoS 8 - 20- 2021 www . brewster- ma . gov Page 1 of 6 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 VAAAAAlA1V1f1111111111111///j// 0�E W $ y/i office of: o� oF ; oEa�. - Town of Brewster� e9F' >9 %. Select Board its " 2198 Main Street '` = rQ mr Town Administrator o aU) Brewster, MA 02631 - 1898 Phone : (508) 896 -3701 www . brewster- ma . gov t I I t I lot I I U I64\\\\\\\\\\\\\ Administration office, we have let them know, at a high level , that the Town has submitted a complaint and is seeking relief through the courts for this particular issue . To discuss strategy with respect to collective bargaining if an open meeting may have a detrimental effect on the bargaining position of the public body and the chair so declares (SEIU Local 888, OPEIU Local 6, and IAFF Local 3763 ) Selectperson Chaffee announced that she will not participate in the police personnel bylaw discussion , she will not leave the room but will stop video . Mr. Lombardi clarified we are not talking about any police command staff. Ms . Kalinick left the meeting and Mrs . Broderick joined the meeting at 8 : 41am Mr . Lombardi announced that we have come to an agreement with the Fire Union and provided : • 2-year term ( same as everybody else ) • Incorporated terms of Fire Academy & EMT Training, that the Board already approved in January . • Changes related to the fact that there is no longer a call department, all the language pertains how we handle certain operational staffing considerations and notifications . • Station coverage - if the new shift hasn ' t arrived , the current shift cannot leave . Having a previous issue where Firefighters/ EMT were on a call during a shift change, this is now clarified . • Pregnant on duty situation language, worked with Labor counsel with the language for this topic, effectively light duty . • New annual CORI requirements ( required by Mass Health ), state regulations for all EMT/ Paramedics, incorporated the language into the new contract . ® Most important piece is regarding salary : o FY22 COLA- 2 . 0 % set by other union agreements ( retroactive back to July 1 ) o FY23 COLA- 2 . 75 % • Increased Step 1 for the Firefighter position to just under $ 25/ hour includes the 2% COLA . This effectively drops the existing first step and starts Firefighters on what our current step 2 is with COLA included . Reason being, we had issues with recruitment and retention where we were not competitive with neighboring Towns . o We, by far, had the most significant number of steps to get to the top step, in terms of years and increments . We decreased the number of steps from 11 to 9 and employees can now reach top step in 9 years rather than 15 years . • Increment between steps were inconsistent for most union and non - unions workers, the goal was for 3 % increments between steps in each personnel grouping . Generally speaking, across the organization we don' t have an issue with retention except in the Fire Department, we have significant turnover which can be linked to compensation . Through negotiations the union presented data, though not included in the Compensation and Classification Study, they agreed to use the comparable community' s data . They were seeking a 3 . 5 % increment between steps, ultimately agreed to 3 . 25 % increment . Regarding the differential between ranks, in the current system there was a 2 % rank differential between Lieutenants and Captains, the data really put those BoS & 20- 2021 www . brewster- ma . gov Page 2 of 6 Doc ID : ac96dfOc8995b978498d0ac3d2d6333efOf36731 oXAN oW P F9 Town of Brewster Office of: OftSelect Board _ ,. Q �`"P� >, � 2198 Main Street Town Administrator 3 > N - Brewster MA 026314898 0 ', Phone : (508) 896 -3701 r 4o www , brewsterwma . gov individuals behind the curve , so we increased ( something the Town purposed to be equitable ) and now there will be a 5 % differential between the two positions . Mr . Lombardi shared his screen with some of the Brewster Fire Wage ( Firefighter- Paramedic ) comparison data that was ultimately settled on . He pointed out that information was pulled from ten different towns and came up with averages from this data . The average number of steps is 6 . 6, where we previously had 11 . Brewster, relative to the averages of other Towns, was generally between 747 % behind or $ 5- $ 10, 000 behind all the other Towns . Mr . Lombardi shared the FY22 proposal of the results of the negotiations, they will have reached the medium salary data by the time they near the top step . Mr . Lombardi noted that for this fiscal year, there have been several employees who have left the Town, so we are saving $ 35 , 000 a year in salary . Adding that for this year the additional changes to the wage scale have no net effect on the bottom - line budget . The goal was to make this sustainable in the out years, and we believe this was completed . Select Board members showed their appreciation to both the Fire Chief, Mr . Lombardi and Mrs . Broderick for their work in finalizing an agreement . Mr . Lombardi stated that we now have the data to support these changes and will be following a similar methodology and approach as we did with the Compensation and Classification Study with the goal to be equitable . This approach can be used for all public safety unions now that we have the data . The Town is hopeful that with these changes that the retention issue will be resolved . Mr . Lombardi noted this is a good first step, a lot of work went into negotiations, one of the changes made was the living radius which was changed from 6 miles to 15 miles, this may have to be addressed again in the future . To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel ( Personnel & Police Personnel Bylaw ) Mr . Lombardi referenced the costing data that HR provided in association with their report and recommendations . He reminded the Board that we budgeted a place holder in FY22 in the amount of $ 100, 000 to cover what was estimated for the adjustments that were going to follow this study . There were one hundred positions and over 130 employees reviewed , when looking at the costing, there were not too many significant increases . Most employees are staying within existing grades, some changes are recommended , the incremental increase rounds up to the nearest new step . Mr . Lombardi is confident in the data based on extensive conversations and the work completed by HRS . We don ' t anticipate taking a dramatically different approach than what has been recommended . Mr . Lombardi shared parts of the completed study and noted that one key issue that was not addressed in their study was the internal and external equity issue in the personnel bylaw, particularly at the department head level positions . There are some department heads who are paid at 35 hours and others at 40 hours per week . Noting that all the data collected by HRS, and all recommendations are based on hourly pay, however with the external comps we don ' t know to the extent to which the hourly rate is based . BoS 8 - 20- 2021 www . brewster- ma . gov Page 3 of 6 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 \�\\\\\\\Nllt II I I I Itlf///// //I \Q o `e4z '9' ! Town of Brewster Office of: Select Board 0A b 7> = 2198 Main Street Town Administrator It = Brewster, MA 026314898 Phone : (508) 896 -3701 — 14 www . brewster- ma . gov '11111II I I,1141\\\\\\\\\\\\\\\\\\\ For example, the Assistant Town Administrator, Town Planner, Finance Director and Health Director positions technically are paid for 35 hours per week, we know this is not the reality, and yet they are compensated at an hourly rate that assumes they work 35 hours a week . In the Natural Resources Department, the Director is scheduled at 35 hours a week, while the two direct reports work 40 hours a week . When considering the difference between 35 and 40 hours, it is an 8% difference in pay, this would be a significant change , but it is something that needs to be addressed . Regarding personnel bylaw employees, for department heads who are FLSA exempt, and salary can earn compensation time if they work more than their standard work week. It is noted that some department heads count their minutes, while some don ' t, there is inequity in terms on how this is handled and causes a fair amount of tension . Mr . Lombardi offered that if we were to adjust some of these department head hours from 35 to 40 ( or all ) it would have to come with the elimination of compensation time . There is possibility to keep some sort of an allowance, but not the hour for hour that is accumulated currently . Mr . Lombardi believes that consideration should be looked at to increasing some department head hours to 40 based on their workload and set the number of hours their reports are working . Mr . Lombardi noted this would result in a significant cost element, details have not been calculated , but generally an 8% increase per week . We have options and could look at implement in phases for cost purposes . The budget for this study was $ 100, 000 and the recommendations comes in at $ 109, 000, this does not include the 35 vs . 40 work week for personnel bylaw staff. The funding for these lives in employee benefits, where there is some flexibility . This is where the Town includes all the funding for adjustments for the new union contracts . The Board agreed that this is important to review as the department heads are valued and do a lot of the heavy lifting in their departments . Pay doesn ' t solve everything but it is important . The data showed that the Town is competitive, this will be good for staff to see . Mr . Lombardi will provide the Board with data showing 37 . 5 hours and 40 hours . The Board is supportive of working off the recommendations from HRS for the purpose of negotiations . Mrs . Broderick left the meeting at 9 : 16am and Ms . Kalinick rejoined the meeting . To consider the purchase, exchange, lease or value of real property at 3057 Main Street and 500 W H Besse Cartway if the chair declares that an open meeting may have a detrimental effect on negotiating position of the public body . Mr . Lombardi shared the following updates with the Select Board : • The website has been updated with the presentation , FAQs, and the videos . • We have heard good feedback from the community; however, no word from any competitors or the brokers since Tuesday night . • Mass Audubon and Brewster Conservation Trust followed up expressing their appreciation , support and willingness to work with the Town . BoS & 20- 2021 www . brewster- ma . gov Page 4 of 6 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 ���tiV1�1AAA�UVlllllllfllf//������, \p �F1Ew $ � /o/ii �DEReq F9 Town of Brewster Office of. Select Board 2198 Main Street Town Administrator v - Brewster, MA 026314898 y0 tN _ Phone : ( 508) 896 -3701 - e www , brewster-ma . gov • Work with bond counsel relative to warrant articles and debt exclusion questions, has started . The Board should be prepared to vote next Monday on the ballot so we can get those ordered . • We should receive the cost estimate and timeline from Tom Garrahan on the appraisals for both properties soon . • We expect the Finance Committee to vote on all three articles at their meeting next Wednesday and to be strongly supportive . • Warrant goes to print on Sept 3rd, we will have to spend time pulling it together, the hope is that the Board on Monday could vote their recommendation on the warrant articles . • Included in the e- packet is the work that Selectperson Hoffmann has completed for the property cards, photos , and maps of all the different structures . • Ms . Kalinick will continue to work with MIIA on insurance . Concerns regarding misinformation that is out there was brought up and how the Town can continue to provide accurate information . Town Administration will continue to update the website and FAQs as needed . Mr . Lombardi has an interview on Monday with Lower Cape TV and will point people to the webpage that has a lot of good information . If eminent domain is the route that the Town takes, the website can be updated with section from the presentation that explains eminent domain . A decision point for the Select Board regarding sharing of the seller' s counteroffer was discussed . Currently the Board has good data to know what the ceiling is, however if there is concern from residents that it could be $ 50M , the Select Board may need to potentially make a statement that provides the data . Selectperson Chatelain is working on getting more information about previous Town acquisitions through eminent domain Selectperson Whitney stated that regarding the potential loss of income question , he took it to mean what income we are getting now on property taxes that we would be losing . Recalling about $ 10, 000 for Long Pond and about $ 75 , 000 for the Bay parcel , something we can publicize now, which is less than 1 % of our operating budget . Mr . Lombardi noted that the Finance Committee asked about the revenues we would be getting if the properties were to be developed . We can say, this is how much property taxes are dropping off, to show what those property valuations are relative to our total valuations in the entire Town to show the incremental impact of that property loss which will be very low . Important for people to hear and know . Selectperson Chaffee noted couple of things about communications , the warrant booklet is an opportunity for education , she has started one- page summaries of each of the potential acquisitions . There is some re - formatting that can be done on the key slides from the public forum . Selectperson Chaffee noted when the Board votes next week, we have an opportunity to express an opinion not just a vote, a really important opportunity as there are a lot of eyes on the Board as they take the vote . Selectperson agrees that the Board should release the $ 32M price at some point, as it has several benefits to it, one being is that it reenforces how reasonable the Town has been in working with the sellers . The Select Board continued discussion on information that should be shared in the warrant booklet, it was noted that the actual amounts of acquisition will not be included . BoS 8 - 20- 2021 www . brewster- ma . gov Page 5 of 6 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731 Office of: Town of Brewster 6�* Select Board 2198 Main Street Town Administrator Brewster, MA 026314898 Phone * (508) 896w3701 www , brewster�ma . gov CORPORN, The Select Board discussed the possibility of allowing residents to donate towards the purchase of the Sea Camps Properties . Mr . Lombardi advised that we are awaiting counsel guidance on terms in which we can solicit donations and the appropriate mechanism . Mr . Lombardi noted that he will share an email with the Board from Jim Faye, in which the Foundation decided not to ask questions at the forum, all were about future uses . It is clear to Mr . Lombardi that the Foundation is positioning themselves in a place to be part of that conversation . The email is instructive for what we can anticipate down the line if we acquire the properties in terms of what their overall approach will be . Selectperson Hoffmann moved to adjourn the meeting at 4@11pm , Selectperson Chatelain second . A roll call vote was taken , Selectperson Chaffeew yes, Selectperson Whitney� yes, Selectperson Chatelain � yes, Selectperson Hoffmann �yes, Chair Bingham �yes . The Board vote was 5 �Yes, O� No . Respectfully submitted , Erika Mawn Executive Assistant, Select Board Approvedt 12 / 19 / 2022 Signed : Date Select Board Clerk, Kari Hoffmann Released , 2/27/2023 BoS & 20� 2021 www . brewster� ma . gov Page 6 of 6 Doc ID : ac96dfOc8995b978498dOac3d2d6333efOf36731