HomeMy Public PortalAboutSelect Board -- 2021-09-10 Minutes DE
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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 . )
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• 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 .
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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 .
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• The offer letter deadline date and time will be updated .
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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
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Phone : (508) 896 -3701
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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 .
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o� E�oeR'aA 9 f . Town of Brewster Office of:
3� �f< = 2198 Main Street Select Board
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Phone : (508) 896 -3701
www, brewster- ma . gov
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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 ) .
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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
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