By Beth David, Editor
The Fairhaven Select Board discussed protocols, including the use of Town Counsel, at its meeting on 8/19/24.
TC Heather White briefed the board, saying that the protocol adopted by the board in 2022 requires that individual board members ask the Town Administrator to use Town Counsel. If they are denied, then the board member can go to the full board to request it.
She said there have been some questions about whether or not individual board members can contact Town Counsel directly.
Ms. White said it was a good idea to have a protocol that is clear.
The board discussed, in rather cryptic terms, a situation when they individually needed to get legal guidance from TC, but there was an issue with the Town Administrator, or the issue was about the TA.
Ms. White said her duty is to the board, not any individual board member. She noted that the town pays for use of TC.
Board member Andrew Romano said he wanted to make sure things were clear. A lot of things look great on paper, he said, but when in practice they can get “convoluted.”
Board member Keith Silvia said he felt the current system works the way it is. Members ask the Town Administrator, he said, and if she denies them, they ask the board.
Board member Andrew Saunders also said the protocol did not need to change, that they looked at it in April. He said the TA act says that board members cannot act as individuals, they have to act as a board.
SB Chairperson Stasia Powers, however, said an exception would be in talking with labor counsel about the TA or a situation surrounding the TA. She would not want to have to go to the TA for that.
She suggested maybe a point of contact on the board instead of the TA in that situation.
Mr. Romano noted that sometimes there is a time sensitive issue to discuss. He asked if they could vote by email in an emergency.
Ms. Powers alluded to a recent issue that was time sensitive and related to Town Administrator, Angie Lopes Ellison.
Ms. Powers said she had to make a phone call to “prevent possible litigation,” and asked if there was a way she could have notified the rest of the board.
Ms. White said no, unless it was “truly an emergency.”
She suggested that the board add to the protocol a provision that authorizes the chair or a designee to access town counsel, and then report to the full board at the next meeting.
Board members seemed to like that idea, and Ms. Powers asked Ms. White if she would “draft that up” so they could vote on it at the next meeting.
Ms. Powers said it would only be for emergencies.
“Who declares what’s an emergency,” asked Mr. Silvia.
Mr. Romano noted that if not for the special meeting on 7/30, the board would not have met for a whole month.
Ms. Ellison noted they can call a meeting in 48 hours.
Ms. Powers noted that the “situation” was “that day,” and she did not have 48 hours.
“It was a rare instance,” she said.
Board member Charlie Murphy asked how they would fram that into a policy.
“I would be happy to write a draft that incorporates it,” said Ms. White, adding it just has to be in place if there is an emergency.
It would minimize anyone freely calling counsel, she said, just to get an opinion on their side of things, because ultimately it would go to the full board.
The board also discussed the fee structure for TC and Labor Counsel and some discrepancy on the charges for email and other advice.
Mr. Silvia noted that one bill was $11,000 in one month just in phone calls.
Ms. Powers said she did not have that information and asked that it be sent to her.
The board also discussed who the point person should be, with Ms. White asking if it should be the chairperson and Mr. Silvia suggesting it be Mr. Saunders because he is an attorney.
Mr. Murphy asked what other communities do, and Ms. White said it is generally the chairperson.
The board decided to wait until they see the draft before they vote on who the point person should be.
In another matter, the board also discussed the policy for organizations to display a flag/banner on the Town Hall building.
The policy had been for organizations to make the request 45 days before they wanted to display the banner. Mr. Romano had asked at a previous meeting for the time frame to be shortened.
Ms. Ellison submitted a memo to the board saying that the flag/banner policy and the town hall auditorium policy had different minimums. She recommended that both policies be the same and suggested a 60-day minimum.
In the memo, she states it would allow sufficient time for placement on an upcoming SB agenda; provide adequate notice to staff; allow for proper scheduling and coordination of maintenance staff and logistical needs.
The memo says staff reviewed similar policies from other towns and found no consistent standard.
Mr. Romano asked how she came to 60 days, when he was looking for a shorter time frame, not longer.
Ms. Ellison said the 30 days is a challenge when the board meets less often in the summer. The two went back and forth a bit, with Executive Assistant to the Town Administrator, Amy Hart, explaining that several requests came in for the same month and they had to take down one to put up another.
Ms. Powers asked of the town could remind the groups that have the annual request.
Mr. Romano said the Belonging Committee was working on a calendar.
The board also discussed the possibility of certain banners automatically getting renewed, such as the Pride Flag in June.
Ms. Power suggested they add language to automatically hang he annual ones and if they do not hang it on any given year, they will have to reapply.
Ms. Ellison suggested that instead of automatically recurring, that the TA sign off on the annual requests, the same as with the auditorium rentals. If it is a new request, it will have to go to the SB first.
The board also voted to change fees associated with the Select Board office, which include licensing fees for businesses, entertainment licenses for special events, and filing fees. The increases will result in the town receiving approximately an additional $16,982 in revenue each year based on the number of current businesses.
The board also approved a letter to the Coast Guard asking for a Preliminary Navigation Determination for the Fairhaven-New Bedford swing bridge, slated to be replaced by a vertical lift bridge. MassDOT has completed a Navigation Impact Report for the project, and the town is asking for the Coast Guard to make a determination.
The lift bridge would allow for a vertical clearance of 138 feet, which is not high enough for vessels carrying wind turbine parts. The current bridge has no ceiling on height. The new bridge opening/navigational channel would be 260 feet wide; the current bridge has two channels of 95 feet each.
Learn more at https://www.mass.gov/new-bedford-fairhaven-swing-bridge-reconstruction
In her report, Town Administrator Angie Lopes Ellison updated the board on some staff changes. Council on Aging Director Martha Reed will oversee operations at the adjoining Recreation Center while director Kelly Ramirez is on maternity leave.
Ms. Ellison also told the board that Conservation Agent Bruce Webb will oversee administrative functions of the tree department and the public works department will handle tree work.
Ms. Ellison also announced the resignation of Jane Bettencourt from the Board of Assessors, so there is an opening on that board.
In other business the board:
• Approved the request to hold the annual Turkey Trot on Thanksgiving Day, 11/28/24. The 5K run begins at 8 a.m. on Green Street near Cushman Park, travels to Fort Phoenix and ends at Cushman Park near the track. Proceeds benefit teh Shepherd’s Pantry and the New Bedford Track Club.
• Approved a date change for the LCpl Matthew R. Rodriguez Run to Remember 5K to Sunday, 10/27/4, starting at 9 a.m. at Fort Phoenix (original date was 10/20).
• Appointed Jeffrey Lucas to the Community Preservation Committee to fill a vacancy created by the resignation of Terry Meredith. The term ends in 2026.
• Appointed Elisha Marie Sechrist and Kelly Camara to the Buzzards Bay Water Quality Working Group.
• Approved a request for a Food Truck night on Center Street in front of Town Hall on 9/20/24 from 5–8 p.m.
The board also met in executive session to discuss broadband/fiber.
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Click here to download the 08-29-24 issue: 08-29-24 WWTP Update
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