Select Board Meeting Minutes 5/23/22

Minutes of the meeting of 5/23/22

Meeting Opened at: 9:01am

Select Board Members Present: Justin Makuc, Chair and Susan Cooper

Also present remotely: Kate Feodoroff, Adam Costa

Call to Order: Justin apologized for being a minute late and opened the meeting.

New Business

1. Town Counsel Interview with Adam Costa and Kate Feodoroff of Mead, Talerman & Costa, LLC: Adam Costa and partner Kate Feodoroff gave a background and general overview of their firm. Adam reviewed the three pricing structures available and explained that he would be lead general counsel and Kate would be lead employment and labor counsel should the town choose their firm, but that doesn’t mean that we wouldn’t have access to the other lawyers at the firm. Justin asked how their firm typically structures their communication to and from the town. Adam says there is not a one size fits all, typically the main contact is the Town Administrator but their firm will work with the Board to find what works best for Monterey. Susan noted that a common issue that has arisen in Monterey was that there was not always clear and complete communication between all parties.  She feels written communication would help to alleviate this difficulty and asked if their firm would be amenable to this.  Kate answered that their practice has always been to follow up with a written communication after any phone calls.  Adam noted that their firm provides regular trainings to their communities. Susan inquired what their approach to advising clients is typically. Adam replied that it depends on the situation and his role for his client. Susan asked if they feel conversant in the issue of short term rentals; Adam said they do and provided his background with the issue and his communities. Kate was asked how counsel might best be involved in the upcoming update of the Employee Handbook. Kate explained that their firm has done this in many communities from scratch and piecemeal. Kate stated that counsel should be involved at the front end and then again at the approval stage, she noted that they have samples that are straight forward and apply to all communities that she would provide. Justin asked more about the fee proposal (currently offered at $180/hr) and explained that we have typically had a flat fee arrangement for general counsel service and this would be new for Monterey.  Adam does have a flat fee option they have advanced in a number of their communities and understands the need for this type of arrangement. Adam explained that this approach does help provide for better planning for municipalities. With that said they do find this type of proposal to be more difficult in the smaller communities but is willing to have this conversation.  The Board confirmed that the town excludes litigation from the general counsel budget.  Their proposal caps travel costs at round trip travel at 1.5 hours. Susan asked what they feel usually warrants an in person visit versus remote; Kate said that any discipline hearings warrant in person meetings due to their sensitivity and importance, everything else could be done remotely.  Adam added that on the general municipal side the answer is similar to Kate’s and any controversial matters should probably be in person. The Board thanked Adam and Kate for their time.
2. Review of legal counsel interviews: Justin will add appointment of counsel to Wednesday’s agenda. Susan and Justin shared their initial thoughts to each of the interviews. Justin appreciates that Mead, Talerman & Costa, LLC are willing to discuss a flat fee arrangement although money is not the only concern. Susan was also impressed with today’s interview and feels that they have the relevant experience especially Ms. Feodoroff’s with regard to some employment items Monterey will be tackling over the next year. The Board will divide up the references to contact before Wednesday’s meeting.  The Board also briefly discussed the current policy for contacting counsel. Susan said that she is comfortable with either the Town Administrator, Select Board Chair or both being the primary contact. Justin said he is willing to look at the policy and make any amendments to make sure that the use of counsel is judicious. 

Correspondence, minutes, public comment

1. Comments & questions from the public: none

A motion was made and unanimously approved to adjourn the meeting at: 10:17am

Submitted by:

Melissa Noe, Town Administrator

Approved by:

Monterey Select Board

cc: Website (www.montereyma.gov)

Select Board Members

Minutes Book

Town Clerk

Any documents used in the meeting are listed below and are available by request at town hall.

1. Mead, Talerman & Costa, LLC proposal