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Select Board Meeting Minutes 10/13/21

Meeting date: 
Wednesday, October 13, 2021

Minutes of the meeting of 10/13/21

Meeting Opened at: 6pm

Select Board Members Present: Steve Weisz, Chair, Justin Makuc

Select Board Members present remotely: John Weingold abruptly left the meeting at 6:03pm

Also present: Terry Walker, Peter Murkett, Doug McTavish

Also present remotely: Steve Moore, Mickey Jervas, Dan Zweig, Frank Upton, Ellen Coburn, Don Coburn, Tom Sawyer, Dennis Lynch, Janet Jensen, James Franklin, Karin Jackson, Richard Pargament, Ronald Winters, Barbara Dahlman, Laura and Tom Mensi, Marshall Messer, Steve Snyder, James Scales, Debbie Slater, The Berkshire Edge, Paula Hartstein, Peter Grealish, Julie Shapiro, Nicholas Jelf, Frank Kern and 34 other unnamed attendees

  1. Before beginning with the posted agenda items Steve wanted to add that this afternoon he was present at a meeting between the Town Administrator and Town Clerk.  He left the meeting with the understanding that a dialogue is going to begin to create a path to resolution and for the betterment of Monterey.  Steve noted that it takes a great deal of courage to do so and applauded both Terry and Melissa for making the attempt.  Both Melissa and Terry were present and concurred with Steve’s understanding of the recent event.  Steve is hopeful that this will also extend to a dialogue between other Town employees as well.
  2. Justin made a motion to move items 5, 8 and 9 under new business to the front of the agenda.  The motion was seconded and passed 2 – 0.
  3. Don Coburn asked that the Chair take note that John Weingold left the meeting.  It was noted he left at 6:04pm.
  4. Recommendation of independent investigator by Brian Maser: Justin thinks it prudent to interview at least 3 of the investigators provided by KP Law.  A motion was made to interview the list of investigators provided by Town Counsel.  Steve repeated that he just announced that the parties involved are working things out negating the need for an investigator.  Justin felt that there were a number of complaints that aren’t centralized (not all by the same person and not all about the same person) and the Board has twice voted to hire an investigator, and so that the Board should move forward by interviewing investigators.  Steve requested a week for the parties to work on the disagreements which then might also lessen the other complaints out there that may be the result of an initial misunderstanding.  Steve felt if we are on a path to resolution why waste the money.  Justin felt that Steve was severely misrepresenting the situation and allegations of misconduct and was kicking the can down the road.  Melissa noted that her understanding of today’s meeting was that the initial complainant will be withdrawing their complaint(s); Steve concurred.  Justin was asked what he felt would be lost by giving the parties the option to work it out with the possibility of a more formal investigation if unsuccessful.  Justin felt there was a number of parties with very different involvements and was not necessarily the best way forward; sometimes resolutions are healthy and sometimes not.  Melissa asserted that after she and Terry have a chance to talk the Board is likely to learn that there have been outside parties manipulating the situation and the initial complaint and those that followed, thus once the complaint is retracted the others are moot.  Steve stated in his opinion a lot of the toxicity was a snowball effect and maybe by allowing something positive to happen the snowball may reverse with a positive result.  Justin would like to proceed with the interviews to be prepared in case they are needed.  The motion failed.
    1. An HR Director update was requested: Melissa noted that the 5 towns made an offer to one of the applicants however she declined as she was unable to find childcare in South County.  The group will now be starting a 3rd round.
  5. A motion was made to request that $10k be transferred from the reserve fund to Select Board expenses to pay for an investigator.  Steve explained that there was no need to do this now if we aren’t currently moving forward with an investigator.  Justin agreed.
  6. Special town meeting warrant articles:  Melissa Noe was asked to list the current articles to be on the special town meeting warrant:
    1. To pay for one FY21 bill in the amount of $300.
    2. To pay for the SCBA gear not covered by the grant we received (approximately $92k).
    3. Citizen petition to pass the recall bylaw.  Justin inquired how many signatures it had and thought it required 100 signatures or 10% of the voting population to insert a citizen petition article into a special town meeting; Melissa Noe stated that this was the case if a citizen wished to call a special town meeting, but since one is already planned that is not the case.
    4. Amend the revolving fund bylaws to add accounts for the Conservation Commission.
    5. Justin wanted to add transferring money from free cash for the investigation and monies for a temporary highway employee which he had not flushed out with Shawn yet.  Melissa stated that she sent Justin an email after discussing this with Shawn and neither felt that this was necessary as we would have line items for unfilled positions to pay for temporary help as we did last year but if they are filled then a temporary employee would be unnecessary.  Justin withdrew his request for the temporary employee and will table the other until next week.  Melissa also noted that snow and ice funds can be used for plowing operations.
  7. A motion was made to approve the minutes of 9/22 and 9/29/21 with the agreed upon changes.  The motion was seconded and approved 2-0.
  8. Review mail and any correspondence to be sent/signed
    1. Paula Hartstein’s email about Cronk Rd poles/Selectmen involvement: Paula stated that she may have misunderstood the original intention and now it’s moot.
  9. Don asked the Board to move the item added by John Weingold, “discussion concerning select board chairman Steve Weisz's recent actions, behavior, public statements, performance, and leadership” while all the folks online were still in attendance and asked that Justin share with the public his opinion on this.  Justin would like to make sure that expectations set by the Board continue to be met and to keep a better handle on moderating the public (he noted that he did not envy Steve’s position but order needs to be followed.  Justin was in favor of following the spirit of order and transparency laid out in the Open Meeting Law and Robert’s Rules of Order (which was noted have not been accepted by the Board).  The public expressed concern about using Robert’s Rules of Order and pointed out that the MA Selectman’s Handbook actually discourages Board from using them.  Justin would like to make sure a process is followed to promote transparency, order, and rational discussion and deliberation.  Steve explained that historically you become chair in your last year of your term and part of that is taking your cumulative knowledge from your first 2 years and try to balance it all.  Steve also noted that this past year and a half has also been unusual with masks, remote attendance, Owl cameras, etc.  He also noted that the public has to cooperate and be respectful.  Steve asked that Justin allow him to impart a little of his experience to him.  Justin agreed that the whole Board can work together on the spirit of the rules, transparency, keeping meetings orderly and keeping people informed.
  10. Vacancies on the Historic District Committee and Board of Health: Justin stated that Barbara Swann has put forth a name for appointment which was only received by the Town Administrator today so it was not put on with 48 hours’ notice.  Melissa noted that in the past Mr. Weingold had requested that single appointments contain the name of the appointee.  It was agreed to table this until next week.  With regard to the Board of Health (BOH) vacancy, the BOH met last week and decided to speak to interested parties and decide at the meeting on the 18th who to recommend for appointment.
  11. Town Administrator items:
    1. Closing the books and submitting for free cash.  A motion was made at the accountant’s recommendation to close the books and move forward with certifying free cash for the upcoming meeting.  The motion was seconded and passed 2-0.
    2. A motion was made to accept the 2 grants received through the Community Compact for $40k to update the Master plan and $35k to complete the design phase of the RT 23 culvert project.  Dennis Lynch provided more explanation on how the monies will be used in conjunction with MVP funds.  The motion was seconded and passed 2-0.
    3. FY22 Medex Renewal Rates:  A motion was made to accept the 1.22% increase to the Medex retiree plan for 2022.  The motion was seconded and passed 2-0.
    4. A motion was made to sign and accept the school building insurance renewal.  The motion was seconded and passed 2-0.
  12. Comments & questions from the public: None

A motion was made and unanimously approved to adjourn the meeting at: 7:15pm

 

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. School insurance policy
  2. Medex renewal
  3. Community Compact paperwork for master plan upgrade
  4. Community Compact paperwork for watershed project
  5. Paula Hartstein’s email
Video / Audio