Select Board Amended Meeting Minutes 9/28/22

Minutes of the meeting of 9/28/22

Meeting Opened at: 5pm

Select Board Members Present: Justin Makuc, Chair, Susan Cooper and Scott Jenssen (arrived at 5:09pm)

Also present: Terry Walker, Steve Snyder

Also present remotely: Attorney Burke, Ellen Coburn, Dennis Lynch

1. Draft Special Town Meeting warrant, sign and issue
   1. The Board reviewed Counsel’s response with regard to amending Article 14 from Annual Town Meeting from “to purchase and outfit a F550 truck” to “to purchase and outfit a truck up to 20,000lb GVW”.
   2. The Finance Committee recommended approving all three of the monetary articles at their meeting last night.
   3. The Board agreed that the meeting will be held in the pavilion.
   4. The Board agreed that Town Counsel will not need to be present in person, but accessible by phone if needed.
   5. The Select Board reviewed each article and the Board unanimously agreed to support articles 1, 3 and 4.  Article 2 was supported 2 -1 with Justin voting in the negative because he felt that Attorney Pollard had misrepresented the estimated cost of the appeal in Hume v. Monterey at the May meeting when the Board hired him.
2. Draft anti-discrimination and harassment policy: Justin has made edits which he sent to the Human Resource (HR) Director today. Copies will be distributed electronically to the Board and this will be further discussed next week when the Board meets with the HR Director.
3. Review Town Administrator job description, contract, and corresponding draft memo: Justin and Melissa agreed to send a memo to departments to clarify the role of Town Administrator, as well as to alter the job description. Susan expressed that she would not be comfortable addressing any possible contract changes without having Town Counsel review the contract.  It was agreed to send the current contract to Town Counsel for review.  This will be tabled until Counsel has reviewed and commented.
4. The Board discussed office coverage during vacation or make up time after vacation for departments that do not receive time off benefits and for those staff that have support staff that can cover the office while someone is away. Susan noted that in her experience when a person takes vacation you do not come back to work double hours. Justin spoke with the HR Director and agreed that support staff could cover, but they may be unable to cover all the duties of the person taking time off. Scott and Susan agreed that if there is support staff then they should cover the hours and do as much of the work as they are able.  Support staff should be able to cover a considerable amount of the work and if they cannot then maybe they should not be support staff. The Board ceased this discussion around 6:00pm and tabled this until after the Executive Session, and revisited this around 7:00pm.  Terry Walker, Town Clerk was asked to come in for this part of the discussion. Justin said that the consensus is that in order to keep regular office hours available to the public as much as possible, if there is support staff they should fill in. The Board also discussed the wages the support staff should be paid for the additional responsibilities. The Board discussed from what line item the wages to pay the support staff for that office coverage should be drawn, and determined that monies could be transferred from the Clerk’s salary as she would not be paid for the time off. The Clerk was asked how much of the duties the assistant can handle, and she said he can handle the majority of the items but not all. Melissa Noe reminded the Board that this was added to the agenda as there is a request for next week for the Clerk to take time off and make it up.  It was agreed to have Gary cover at a rate of $20/hour and then Terry would make up work that Gary was not capable of completing.  Terry was asked to have Gary keep a list of the tasks he performed while Terry was away and for Terry to make a list of those items that she had to complete upon her return.  A motion was made to pay the Gary Shaw $20/hour when covering the office when the Clerk has taken time off.  The motion was seconded and unanimously approved.

6:00pm: The Board discussed going into Executive Session to discuss potential discipline or dismissal of, or complaints against the Town Clerk (Purpose 1).  A motion was made to go into executive session to discuss potential discipline or dismissal of, or complaints against the Town Clerk (Purpose 1 which was read aloud) and to return to open session once done. The motion was seconded.  Susan proposed that the four items listed in the letter provided to Ms. Walker be put into record and forwarded to the HR Director to address, allowing the Board to deal with other matters and take advantage of the HR Director’s role.  Susan also suggested that the Board draft a memo tonight that outlines what happened during last week’s meeting, pursuant to the policy set by the Board earlier this year that important meetings be followed by a letter detailing the substance of that meeting in writing. Justin’s understanding is that any charges, complaints, discipline, or dismissal should be addressed in the Executive Session and once the matter is closed then the minutes may be released, or a redacted version of them. Generally, Justin feels that any disciplinary items should be offered to the employee in Executive Session. Susan expressed the concern that there must be documentation that is at a minimum included in the employee’s personnel file.  Susan asserted that the proposed memo is related to job performance and not disciplinary action or dismissal and that would need to be taken care of in open meeting. Scott thinks that in order to craft the document, whether it is disciplinary in nature or not, the facts came from within an executive session and the document should be formed in Executive Session as it is a continuation and finalization of events that transpired in last week’s Executive Session. Justin said that he believed if the matter to  be discussed was disciplinary in nature or related to charges or complaints, then the Board should enter executive session, but that if it is not, then the Board cannot legally enter executive session. The employee will then have the right to keep it open if they so choose. Susan said that the proposed draft memo is remediation and not discipline or dismissal.  The Board unanimously voted to go into Executive Session at 6:15pm and to return to open session once done.

The Board returned to open session at 6:36pm.

1. GZA Municipal Vulnerability Grant Phase II proposal: Dennis Lynch was present to explain phase II of the RT23/Main Rd Culvert Replacement project which focuses on preventing flooding. The center of Town has had issues with flooding of the Konkapot River. Phase 1 has been completed. Phase II involves completing the 100% final design and securing permits for the construction. Justin asked if the Town is obligated to go forward with completing the project even though we have made it this far; Dennis stated that is correct we are not obligated but this will allow the Town to be prepared to conclude whether this is necessary due to climate changes and other factors.  Monterey has been awarded the monies for Phase II through the Municipal Vulnerability Program grant. Dennis explained that back in Phase I, GZA proved themselves to be experienced in this matter and had been working in Monterey on other projects. Dennis reported that GZA performed very well on Phase I and highly recommends keeping them for Phase II. There was discussion about if all of the funds to complete Phase II were available, and the Board concluded that the monies were available from the Community Compact best practices grant for water management and the MVP grant. The Board calculated that signing off on this proposal should not cost the Town any further funds, as it could be paid for entirely from these two grants. A motion was made to accept the proposal from GZA. The motion was seconded and unanimously approved.
2. Regular reports from the Town Clerk’s office: A form was created to have the Town Clerk fill out on a weekly basis and to be turned in to the Town Administrator. Sophia has looked at the form and has approved and recommended moving forward with it. The form was unanimously approved by the Board and a copy provided to the Town Clerk.
3. Discussion of processes to improve communications both between the Board and the Town Clerk, and between the Town Clerk and the Town Administrator – This will be tabled until next week’s meeting with the HR Director with a comprehensive plan. Susan put forth that she agrees with a comment made by Scott last week with regard to moving communications forward between the Clerk and Town Administrator.  Communication can be handled in writing which facilitates direct and immediate action and if there is a problem it will be seen in the communications. Susan agreed that the current system is not working and the Board should consider the proposal put forth by the Town Administrator to improve efficiency. It was also confirmed that copies of all appointment letters are cc’d to the Town Clerk. Terry said she is not against changes being made to the current communication system and acknowledged a recent pleasant written communication between herself and the Town Administrator.
4. Susan noted that she is aware of some ongoing issues with other departments with regard to the neighbor concerns about Camp Kimama Half Moon but asked the Board if they should consider inviting the owners in to discuss the noise issue.  Any building, fire or health related concerns need to go through the building, fire and health departments respectively.  The Board will reach out to the camp owners inviting them to a future meeting to discuss the concerns that have been brought to the Board’s attention.
5. The Board acknowledged receipt of an email that has confirmed that the issue previously reported on the private West Road has been somewhat resolved as of today. Scott recused himself from the West Road discussion as his lead employee lives there. The residents on West Road contracted an overhaul of this road on their own, leaving it in much better shape and it appears that it will not wash onto Pixley Road/Route 57 in its current shape.
6. Town Administrator items:
   1. As explained at last week’s meeting, the HR Director and Town Administrator (TA) would like to bring back the monthly roundtables the TA used to hold, but we would like the Board to issue a memo to all department heads that these meetings will be mandatory.  HR and the TA both feel that in order for these types of meetings to really work, staff must attend.  Meeting would be kept to under an hour as everyone’s time is valued and they would be held on the same day of the month at the same time.  Having all department heads present will allow for a much smoother flow of information (just like board and committee meetings), it allows for creative collaboration, building a sense of pride in the team that runs Monterey on a daily basis and many other positive benefits.  This item will be continued to next week and Melissa will come up with a list of departments that she and HR feel should be there on a monthly basis.
   2. A motion was made to approve the renewal for insurance on the vacant Monterey Schoolhouse, and to not seek coverage for terrorism incidents.  The motion was seconded and unanimously approved.  The state of the schoolhouse will be placed on a future meeting agenda after research is done to determine what options are available with the building.
   3. A motion was made to accept the recommendation of the Director of Operations and Town Administrator to participate in the National Grid Public street light Conversion program and convert all existing lights to the 3k LED 15w, dark sky friendly option.  The motion was seconded and unanimously approved. The Town will receive a $1,300 credit for converting. The new lights will “appear” brighter as they are a white light versus a yellow light.
   4. The TA is looking for the Board to make a final decision on part time staff putting hours in for payroll beyond their weekly allotment.  Justin was going to recuse himself but the TA noted that any possible issues with the Community Center staff have been addressed and it was agreed that of the 10 approved hours per week, office hours will be posted for 5.5 per week and the other 4.5 will be discretionary for doing bills and such. Scott felt that all departments should be aware of the number of hours they have and the budget they have to pay for those hours and suggested that a reminder be sent to all departments reminding them to stick within their budget and they are responsible for monitoring them and making sure they do not run out prematurely. The TA is looking for guidance on whether timesheets should only be approved for the number of hours that they were approved for in their budget unless they have received permission from their immediate supervisor to work extra hours that week. Justin wanted to know how much departments have gone over in year’s past. The Board agreed to let each department manage their own compensation accounts, and to remind them that there is a yearly allotment that limits overages.
   5. A motion was made to appoint Pat Nourse under the senior tax abatement program effective 10/1/22 for work at the swap shop.  The motion was seconded and unanimously approved.
   6. Green Communities update: The Town was working with Berkshire Regional Planning Commission (BRPC) to get this program running. Despite BRPC being told that the Fire Company building was not Town owned, they used this building in the factoring of whether Monterey was eligible to receive credits. Our rep at BRPC is working with Department of Energy Resources (DOER) about how to resolve the issue.  Unfortunately, she is not sure if there is anything that can be done to get the Town the required energy reduction.  In addition, DOER expressed concern that if the Town were to receive the designation there would not be enough eligible energy efficiency work to spend down the designation grant.
   7. Recently there have been several instances of employees using the front room and/or the front computer (which is a shared computer) that have not reserved it. As our staffing situation is growing, the TA is requesting the Board’s support of a memo requiring that the room and/or use of the computer be reserved. The Board agreed to the TA’s proposal to create a shared calendar and to make it mandatory that the room and/or computer be signed up for prior to use.
7. Justin requested the Board’s thoughts on the Board being granted a key to the TA’s office.  The Police Chief who controls the access to keys and offices has stated that he is not comfortable with this and told Justin no to his request, but that he was welcome to bring this item to the Board to see if they are willing to change the policy.  Susan asked Justin how many times since he has been elected he has had reason to go into the TA’s office; Justin said that it is not common but about once a month there is a reason he needs to go in and so he calls the police to be let in, and the reason is usually unique like an odd smell emanating from the office or a piece of mail put in the wrong slot that needs to be retrieved so that it can be sent out on time. Susan and Scott did not want to provide the Board with a key to the TA’s office.
8. Review mail & correspondence received or to be sent:
   1. The Board acknowledged receipt of an American Rescue Plan Act request from the Community Center committee for constructing a pavilion on the property.
   2. The Board signed a thank you note to the Friends of the Library.
   3. Memo to the Planning Board re: Zoning Bylaw error – Susan reached out to the Planning Board and has had several communications about whether a camp for year round use is a by right use in the lake shore district, or whether that is just a typo in the most recent copy of the printed Zoning bylaws. Tom Sawyer reached out to the previous Planning Board Chair regarding the matter, and the previous chair said that the Planning Board at that time made a change as they felt it was better for the Town. Susan feels that based on her research the change may have been done improperly. The current Planning Board is still researching this item.
9. A motion was made to approve the amended minutes of 9/7/22.  The motion was seconded and unanimously approved. A motion was made to approve the amended minutes of the 9/13/22 joint meeting. The motion was seconded and unanimously approved.
10. Comments & questions from the public: None

A motion was made and unanimously approved to adjourn the meeting at: 8:30pm

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. Attorney Brewer’s letter to Attorney Pollard.
2. Attorney Brewer’s response regarding the Special Town Meeting warrant
3. Draft Special Town Meeting warrant
4. GZA Agreement
5. Thank you to the Friends of the Monterey Library
6. Weekly status report form
7. Email between Police Chief and Select Board Chair about keys to main office
8. ARPA request for pavilion
9. Street lighting comparison chart