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HomeMy Public PortalAboutSelect Board -- 2021-09-10 Minutes DE oe 4'�` Re 'Fy9 ` Town of Brewster 4� Office of: - '2 ' a N.'-, � a v = 2198 Main StreetSelect Board _ Brewster, MA 02631 - 1898 � .,, I � � Town Administrator { Phone : ( 508) 896 -3701 I : PC nwww . brewster- ma . gov \ MINUTES OF THE SELECT BOARD EXECUTIVE SESSION MINUTES DATE : September 10, 2021 TIME : 8 : 30 am PLACE : Remote Teleconference REMOTE PARTICIPANTS : Chair Bingham , Selectperson Hoffmann , Selectperson Chaffee , Selectperson Whitney, Selectperson Chatelain , Town Administrator Peter Lombardi , Assistant Town Administrator Donna Kalinick, Town Counsel Shirin Everett , Human Resources Director Sue Broderick Call to Order & Declaration of Quorum , Meeting Participation Statement and Recording Statement Chair Bingham called the meeting to order at 8 : 30am . All Select Board members present were announced , and a quorum was declared . Chair Bingham read the meeting participation and recording statements . Matters Not Reasonably Anticipated by the Chair None Executive Session : 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 ) ; 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 ) ; To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body - 3057 Main Street and 500 W H Besse Cartway. Selectperson Chaffee moved to enter Executive Session and not to return to open session . Selectperson Chatelain second . A roll call vote was taken . Selectperson Whitney-yes, Selectperson Hoffmann -yes, Selectperson Chaffee-yes, Selectperson Chatelain -yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0- No . Remote participants declared " No other persons are present or able to hear this discussion at this remote location . " Mr . Lombardi shared that the seller' s Board of Directors unanimously voted to accept the Town ' s pair of offers, subject to relatively minor edits . The deadline to accept the offer has been extended to 4pm today . The Select Board walked through each offer letter . Changes for 500 W . H . Besse Cartway ( Long Pond Parcel ) include : • The Town will not be paying a deposit, this was not included in the most recent offer . Adjustments are listed in section 6 (taxes, utilities, etc . ) BoS 940-2021 www . brewster-ma . gov Page 1 of 5 Doc ID : 095dbbdf045ede2d82faead48aO2ede11e212d62 `�\p\ON\1YV 1111 V I I I Illll 04 „o 'E�oi e'sy�� 9Office of: Town of Brewster 2198 Main Street Select Board y1yV 9L9 _ , = Brewster, MA 02631 - 1898 Town Administrator — Phone : (508) 896-3701 ,z ,n o'� pVO`N WWW . breWSter-ma . gOV //1/!1(111 I I11111tU\\\\j • Purchase and Sales Agreement ( PSA ) must be completed in 13 days instead of the 15 days . The Town will be drafting the PSA . • The sellers added in language about the closing being November 30th . Mr . Lombardi has spoken to our financial advisors for the issuance of debt and funding schedule . This is acceptable . • Language has been added that if the Town is unable to fulfill all the contingencies, the Town has the right to terminate the PSA . • The sellers added language to the section regarding the title to accept everything on record on the "date hereof" . Town Counsel suggests changing wording to accept things of record that the Town does not object to as of the last date of the inspection period . The Select Board agrees . • Inspection period was cut in half from 60 days to 30 days, this does not interfere with the closing date . We will use best faith efforts to complete in 45 days, but if not, the Town gets an extra 15 days . This signals that we want to move this along but does not bind us . • The seller' s had included language that limited the Town' s ability to do invasive testing, etc . and requiring their approval . This will be removed , and in place language added will not reasonably delay, condition or withhold and giving us the ability to walk away if they were to prevent us from completing this type of work . • The Sellers added language about a brokage commission to Keene Summit . • Town Counsel inserted language regarding eminent domain, the intent is that we want to follow a friendly taking process . o The Board and Town Counsel agreed to remove this language from the offer letter and include it in email communication with the sellers and if agreed upon , then include it in the Purchase and Sales Agreement . This is to protect the Town ' s own interest . • The offer letter deadline date and time will be updated . Changes for 3057 Main Street ( Bay Parcel ) include : • All updates to items 1 - 7 had previous been reviewed and agreed upon . • Item 8, language regarding the buffer, the sellers added a clause that undoes the grandfathering that the Town had to try to insert . Town Counsel suggested inserting language saying they can ' t be unreasonable in agreeing . The Select Board wants to retain flexibility but indicate our commitment . The Board decided to go back to the original language . If this is not acceptable, language will be added to allow negotiation in the PSA prior to Town Meeting . • Item 9 , the sellers added language to say that if the sale of Long Pond were to fail , they can walk away from the sale on the Bay parcel agreement . None of this language precludes the Town from initiating a taking which at that point Town meeting would have authorization and an appropriation will be in hand . BoS 9- 10-2021 www . brewster-ma . gov Page 2 of 5 Doc ID : 095dbbdf045ede2d82faead48a02ede11e212d62 i i i i �����1�AINIUIIIIIIgp!/lQ/t�I�i r`c a� 04" `oERa9 9 "` Town of Brewster office of: 2198 Main Street Select Board Brewster, MA 02631 - 1898 Town Administrator Phone : ( 508) 896-3701 »�i "�onnon��e0 www . brewsterwma . gov ea IIII1iso,AA������ i o The Board discussed the proposed language and determined it was not clear as members perceived the intent differently . j o This paragraph will be revised to say, if Long Pond fails, the sellers have the option to walkaway from the deal on the Bay property . If the Bay parcel were to fail, the sellers are reserving their right to sell the Town the Long Pond parcel . o Selectperson Chaffee offered the following : this agreement concerning the sale of the Long Pond parcel is contingent on a concurrent sale of the Bay parcel . o Mr . Lombardi stated that for the public forum , need to take a step forward , if Long Pond parcel doesn ' t pass, the Town still has options, so residents don ' t feel like it is all or nothing . It is the negotiated sale that is contingent upon both . i • The offer letter deadline date and time will be updated . i i Mr . Lombardi noted that he plans to reach out to both Brewster Conservation Trust and Mass Audubon this afternoon to let them know we are nearing the finish line on a negotiated sale and the price has increased . The hope is that they will increase their contribution if possible . Mr . Lombardi reviewed possible finances for the negotiated sales, adding that everything that can be done needs to be to make the Long Pond acquisition a no tax rate impact in terms of the actual debt exclusion . Town Counsel Shirin Everett left the meeting . Selectperson Chaffee noted that there are three upcoming opportunities to communicate with residents ; the public forum , Town Meeting and a Select Board meeting . Adding that we need to do everything possible to get the final price tag as low as possible, suggesting that we ask the Water Commissioners if there more they can offer . Mr . Lombardi stated that he had received an email from the Brewster Community Network looking to hold a forum , a fair and appropriate email looking for guidance . It was discussed that the Select Board will invite them to join the Town' s public forum and would appreciate their help in getting out the word to attend the forum . Mr . Lombardi thinks at the Select Board meeting on Monday night, assuming we have the signed offer, we say we have new information , then follow up during the public forum in providing new information and allow the public to make comment and ask questions . The Select Board decided to hold the forum on Friday September 17th at 6pm . The focus will be on acquisition price, how we got to this point and why the Select Board believes it is in the best interest of the Town . Financing and tax rate impacts will also be presented . During the PowerPoint, it is important to note that the goal has been a negotiated sale, and this has effectively taken the risk, liability and uncertainty of eminent domain off the table . The Board discussed that having a joint press release with the sellers will show that we have been working BoS 940-2021 www . brewster-ma . gov Page 3 of 5 Doc ID : 095dbbdf045ede2d82faead48a02edelle212d62 .. 'E4DER'a9 Town of Brewster Office of: 3y � a , a 2198 Main Street Select Board Co Brewster, MA 02631 - 1898 Town Administrator Phone : (508) 896 -3701 www . brewster-ma . gov Pen 1!1 1111isol together and are now partners . Mr. Lombardi reviewed the timeline of meetings with relevant boards and committees once the offer has been accepted . The Board decided to meet on Wednesday September 15th at 8 : 30am to review the draft PowerPoint presentation and script for the forum . Donna Kalinick left the meeting and Sue Broderick joined . 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) Mr . Lombardi updated the Board that the Compensation and Classification report has been completed , the last key piece still with the consultants is a few job descriptions . Mr . Lombardi anticipates starting back up negotiations in the next couple of weeks, specifically with SEIU and OPEIU , adding that the goal is to bring them to Special Town Meeting in November. To implement the recommendations of the study it will costs a little over $ 100K, Mr . Lombardi noted that the Town has $ 100K in the operating budget and in Employee Benefits, so there is capacity to implement this fiscal year . Mr . Lombardi stated that the one significant element that was not taken into account is that for department heads, their weekly hours is not consistent, some work 35 hours per week and others 40 hours per week with no particular reason . The data that the consultant gathered looked at hourly rates , as it is the best way to get comparable value in the market . To transition department heads to 37 . 5 hours per week would have a cost impact of almost $ 100K, to increase to 40 hours per week would have an impact of about $ 190K . This would impact 15 department heads and is over and above the cost considerations of implementing the recommendations from the study . Mr . Lombardi added that there is no appropriation to cover these amounts in the current budget . Mr . Lombardi stated that the Town is trying to be fair, equitable and consistent across the organization . Adding that for external equity we don ' t know what the comparable communities' hours are, we know what their pay and hourly rate is, so we could gather this data and see on what average these department head hours are per week. From an internal equity perspective there are department heads who have direct reports that work 40 hours a week, but the department head is at 35 hours a week, which doesn ' t make sense . We have some options on how to increase department head ' s hours, recommendations could be to increase them all at the same time, or only some at one time . Mr . Lombardi noted that a large reason behind this in the first place is to mitigate the internal strife, there was a perception that some positions/ people/ unions got preferential treatment in the past . Adding that he is hesitant to do nothing, as the work that department heads do is important and they are valuable to the organization . BoS 940-2021 www . brewster-ma . gov Page 4 of 5 Doc ID : 095dbbdf045ede2d82faead48a02ede11e212d62 I X'e' wSTF'``�i. Del LIT o� E�oeR'aA 9 f . Town of Brewster Office of: 3� �f< = 2198 Main Street Select Board °. � _ �4 Brewster, MA 02631 - 1898 Town Administrator Phone : (508) 896 -3701 www, brewster- ma . gov ���iurrrnrnman��� The Select Board supports the decision to gather more data , both internally ( which department heads work less hours than their direct reports ) and externally ( how many hours do neighboring community department heads work ) . i Mr . Lombardi sited that the study impacted 100 positions, 140 employees and has an impact of $ 100K, here we are talking about 15 people with an impact of $ 200K . With negotiations starting back up, we need to be careful in our approach and be sensitive and manage expectations for the whole organization . Mr. Lombardi added that department heads are eligible for compensation time, which doesn ' t make sense with FSLA exempt employees, unless it is on the books . If we were to increase hours, especially up to 40, then the compensation time would go away, Mr . Lombardi has communicated this to the negotiating teams . The data will be collected and the Board will have a follow up session to make some decisions . Adjournment Selectperson Whitney moved to adjourn at 10 : 39am . Selectperson Chaffee second . A roll call vote was taken . Selectperson Chatelain -yes, Selectperson Hoffmann -yes, Selectperson Whitney- yes, Selectperson Chaffee - yes, Chair Bingham -yes . The Board vote was 5 -Yes, 0- No Respectfully submitted , Erika Mawn , Executive Assistant 01 / 09 / 2023 Approved : Signed : Date Select Board Clerk, Kari Hoffmann Released : 2/27/2023 BoS 940-2021 www . brewster-ma . gov Page 5 of 5 Doc ID : 095dbbdf045ede2d82faead48a02ede11e212d62