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Date: 9/21/2022
BELCHERTOWN – Town Counsel Gregg Corbo joined the Sept. 12 Select Board meeting to clarify points on the designation of special municipal employees and to continue the discussion on a potential bylaw revision that would change the current town administrator position to that of town manager.
The Select Board also confirmed appointments to fill vacant positions for full time and part time communications dispatchers with the Police Department, granted a liquor license transfer, did not exercise first right of refusal on 73 Old Enfield Rd. and accepted a resignation from the Council on Aging.
Special municipal town employees
Corbo came to discuss the implications of appointing members of the Zoning Board of Appeals as special municipal employees, a discussion that was continued during the Aug. 29 Select Board meeting. He indicated the special municipal employee designation fell under Massachusetts General Law 268A, which places “certain limitations and restrictions on the actions of municipal employees” regarding such issues as compensation for their position and ability to act as an agent for a third party in front of other town boards or committees, without special designation. He gave as an example someone who works full time during the day at another job, particularly a town job such as a Department of Public Works employee or school department employee, but sits on a board in a compensated volunteer capacity. Special town employee status would allow that person to receive compensation for his work – something not allowed without the designation – and would also allow that person to represent an applicant in front of another body such as the Planning Board should the necessity arise.
Corbo told the board that designating positions as special municipal employees was at their discretion, and that the designation applied to the position, not the person filling the role. He also said that the designation could be rescinded at any time by the board. Select Board Chair Jennifer Turner reviewed a recently acquired listing of the number of special municipal employee designations that already existed within the town, indicating that it included positions on most of the boards and committees, including the Board of Health, Finance Committee and the Planning Board.
The Select Board subsequently voted to extend special municipal employee status to the members of the Zoning Board of Appeals.
Town manager, town administrator discussion
Corbo presented information regarding the Select Board’s ongoing discussions regarding changing the structure of town government by elevating the current town administrator position to that of town manager. As structured, Belchertown’s Town Administrator Gary Brougham “reports to the Board of Selectmen and is responsible for the day-to-day operation of town government. This includes annual budget preparation by departments under the authority of the Selectmen; personnel administration; purchasing; grant administration; budget control; affirmative action; and any other duties the selectmen may assign” according to the information on the town website. Under this arrangement certain duties such as hiring and firing of personnel take place after approval of the Select Board.
Corbo explained that as a position, a town manager “usually has some hiring and firing authority,” although the Select Board would have a period of time to disagree with an appointment. The town manager position also has more authority over the day-to-day running of a town. Corbo compared the position of a town manager as “closer to having a mayor that can make more substantive decisions” rather than just administrative powers.
Select Board Clerk Edward Boucher opined that “if we go for [a town manager], we are ceding power, we are giving it away,” to which Corbo noted that asat a board of volunteers the Select Board “doesn’t have time to do everything” and in creating a town manager position the board would be ”handing power over to someone who has a better grasp of the day to day activities” of running the town.
Corbo also indicated that, should the Select Board choose to go with a town manager, there was more than just a name change involved. Because the town administrator position is written into the town bylaws, Belchertown would “either need a change to the charter or an act of the Legislature” to create the new form of town government. “The charter change is time-consuming,” Corbo noted, suggesting it would be “easier to get a special action by the Legislature” to facilitate the change in structure. The action would require approval of the structure change at Town Meeting and then a special legislation request submitted by the town’s state representative, Corbo explained, adding the entire process usually takes about 12 months to complete.
Noting that the Select Board had already contracted with a consultant to discuss a potential government change, Corbo advised the board “use them to see if this suits you and how you want to proceed.”
Turner noted that the Select Board had “put it on the back burner but we can start discussions with [our consultant] Paradigm.” She also asked if they could hire someone right away or if they have to wait for the special legislation, to which Corbo replied to “have your consultant look at the timeline” of the position transfer in relation to the legislation.
Other business
The Select Board approved the transfer of the liquor license from Rhodos Inc., the restaurant owned by and John Mariettos, to Grape Operating Company, Inc., owned by Walter Pacheco, doing business as Grapevine Grille. It was understood that this request was due to a change in ownership, as the previous owners wished to retire.
The Select Board also chose not to exercise first right of refusal for Lot 15 located at 73 Old Enfield Rd. Documentation read into the minutes indicated the request by Brighenti Realty Trust was to apportion a portion of the land for construction of a home.
The Select Board also approved the appointment of Mariam Martin as a full-time communications dispatcher, and Samuel W. Prefontain as a part-time communications dispatcher, as requested by Police Chief Kevin Pacunas.
The board also accepted the resignation of Gail Gramarossa from the Belchertown Age & Dementia Friendly Implementation Group, and work on the Council on Again. Gramarossa cited her impending retirement, and a desire to cut back on her commitment. Aponte moved that the board should send her a letter of thanks. The motion was approved.
The Select Board also completed their discussion of the job description for the administrative assistant position currently open at Finnerty House.
At the urging of Brougham, the existing job description was accepted for posting, with notation that the duties might be expanded in the future.