Select Board Meeting Minutes 10/26/22
Minutes of the meeting of 10/26/22
Meeting date: Wednesday October 26, 2022
Meeting Opened at: 6:00pm
Select Board Members Present: Justin Makuc, Chair, Susan Cooper, Scott Jensen
Also Present: Melissa Noe, Mickey Jervas
Also Present remotely: Don Coburn, Michele Miller, Laurie McArthur, Laurie Shaw, Dennis Lynch
Call to Order 6:00pm
6:00pm: Meet with Scott Steibel of the Board of Assessors for Tax Rate Classification Hearing
Scott is here to request one tax rate for the Town. The tax rate itself has not been established yet, but this hearing is for approving the fact that there will be one tax rate for the town. Scott adds that there is not a large enough percentage of commercial and personal property to set a separate tax rate for commercial and personal property. Justin moves to approve one tax rate for the Town. Scott – yes, Susan – yes, Justin – yes: motion carries.
6:15pm: Meet with Chapin Fish to discuss an update on the General Store and potential future permitting
Chapin discussed how COVID and the inflated cost of building materials got in the way of repairs to the General Store. They have continued to work on the repairs and they already have 90% of their plumbing sign off. Hopefully the General Store will be able to open later in the spring of 2023. The building is going to be handicap accessible, except for the second floor which cannot be made handicap accessible. They are going to ask for support of the community because they are going to need a variance from the review board on this issue. Chapin also expressed his intention of applying for a pouring license. The application will go to the Select Board, then have a public hearing. Chapin thinks that it is very important that the General Store is a welcoming place for Monterey and surrounding communities, but it also needs to be a viable business. The new septic field will allow seating for 40. The Board thanked him for the update and said they will be looking out for the pouring license application.
Old Business
- Draft policy: anti-discrimination and harassment
The Board discussed the draft version of this policy, especially the complaint procedure. Susan wanted to edit the document to reflect the Select Board’s authority without undermining the authority of the HR Director in the process. The Board generally agreed to the policy as edited, and agreed to send it to Town Counsel for legal review. The Board will approve the policy finally once Town Counsel has a chance to review it.
- Getting rid of remote meeting format for Select Board meetings
Scott moved to disband the owl remote meeting format starting next week, and encouraged citizens to come to the meeting in person. Justin said that some of the problems of remote participation, such as out of order conversation, can happen both in person and on Zoom. Justin said the remedy to these problems would be the chair moderating the meeting more closely, but that he did not think the Board should eliminate the remote meeting format. Susan spoke in favor of remote meeting format, as it enabled her to attend a bunch of meetings when she was unable to drive. Susan said the video is a record of what transpired. A vote was called on the motion to abandon remote participation: Scott yes, Susan no, Justin no – motion failed. Justin reiterated that he will make a concerted effort to make sure everyone who speaks in person or online is recognized by the chair and identifies themselves by stating their name before speaking.
- Request from building department to raise inspection fees and payment to inspectors
The Board considered a request from the building department to raise plumbing/gas and electrical inspection fees from $60 to $75. Justin said the only problem he sees with this is the amount going to the Town going down by $1. Justin moves that the board approve an increase in the plumbing, gas, and electrical inspector fees to $75 per inspection with $69 going to the inspector and $6 going to the town. A vote was called on the motion: Susan- yes, Scott- yes, Justin- yes – motion carries.
- Board of Registrars vacancy
Justin said that if you are on the Board of Registrars and take on an elected position or start with an elected position you automatically vacate your seat. He ran this by Town Counsel and Donna agreed that this is the case. This means that two of the current registrar seats are vacant because those members hold elected office.
Justin was tasked with sending a letter to the Town caucus chairs asking for eligible candidates for appointment, since he was just drafting it today he ran it by the Board for review. After sending this letter to the Town Caucus chairs asking for candidates, the Board will review the proposed candidates. The Town needs to appoint two or three individuals, ideally at least one should be a Republican if we can find one. If the Town party caucuses do not respond, the Board will reach out to the State parties for a list of eligible candidates. If the State parties do not respond, the Board will just need to go ahead and make appointments.
New Business
- Town Administrator items:
- Draft memo regarding Town Administrator
Justin said that he thinks Select Board should reconsider the Town Administrator’s role as direct supervisor to each department head. Justin does not think that doubling down on the Town Administrator’s role as direct supervisor of each department head is the best way forward for the Town, although it is certainly the path that the Town has been on. Justin thinks that the Select Board should be open to directly supervising department heads as has been done for most of Monterey’s recent history, other than the few years spent with a Town Administrator.
Scott said they both agreed that there is a differentiation between supervision and micromanagement, and we have to find that line. There may be certain things that they cannot ask of the department heads due to privacy or security.
Melissa said this memo came from the mediation they attended, that Justin agreed to bring this to the board to clarify her role. The memo states that Melissa as the direct supervisor, is the first person the departments would reach out to if they need something. If there is a larger problem, they can go to HR, or if necessary they can go to the Select Board. Justin agreed that the memorandum and the job description would reflect an agreement between the Select Board and the Town Administrator to the extent that is required by law. Melissa said she would like to be given the opportunity to actually do her job and not be in breach of contract. Scott said that if she is not following the job description then she is in breach of that contract.
Susan said that the current TA’s contract had the TA supervising HR, which was a conflict with how we envisioned HR, and that was the only change she thought necessary to the contract.
Scott motions to approve the memo as is. Susan seconds. The Board will continue the conversation of job description and supervisory role with TA sometime in the future. A vote is called on the motion: Susan- yes, Scott- yes, Justin- no – the motion carries and the memorandum is issued.
- Amend Director of Operations and Town Clerk job descriptions to correct direct report
Susan makes a motion to amend the job descriptions of the Director of Operations and the Town Clerk to report directly to the Town Administrator rather than the Select Board. A vote is called on the motion: Scott yes, Susan yes, Justin no — the motion carries and the job descriptions are amended.
- Winter Recovery Assistance Program (WRAP) request for reimbursement for crack sealing
Melissa made a request for reimbursement from WRAP for $10,520.50 for crack sealing on Tyringham Rd. Justin moves that Board approve this request for reimbursement for crack sealing. A vote is called on the motion: Justin yes, Susan yes, Scott yes — motion carries
- Designate local administrator for conflict of interest learning management system (LMS)
Melissa said that this program requires that one person is designated as the local administrator. Scott makes a motion to designate the Town Administrator as the local administrator for the Conflict of Interest learning management system. A vote is called on the motion: Scott- yes, Susan- yes, Justin- yes – motion carries.
- Process for Town Administrator job description revisions and contract negotiations
Justin said based on the Board’s desire to amend the job description, and the subsequent requests by the town administrator for changes in the contract, he sent the contract and job description to Donna and is awaiting a response about how to proceed. Update at a later time.
- American Rescue Plan Act proposals review process
The Board had set a date by which it wanted to receive all ARPA applications. It has received seven applications: Community Center pavilion, Highway Dept mowing tractor, Historical Society, Police cruiser, Renewable Energy Working Group consultant for solar project, moderate price housing, and Greene Park playground. Scott and Susan think the allocation of ARPA funds is a Select Board decision. The Board agreed to tackle ARPA requests next week and dedicate the first hour of the meeting to this discussion.
- Grant proposal from the Renewable Energy Working Group
The Board received a request from the Renewable Energy Working Group for up to $750 to hire a grant writer for the municipal energy technical assistant grant, and the town can be awarded up to $15,000 for site assessment for rooftop solar for the firehouse and pavilion. Justin said we start the year with $10,000 in the grant writing account.
Peter Murkett (chair of the REWG) said they were put in touch with Judy Eddy to help write the grant. Judy’s rate is $75 per hour for a total of 10 estimated hours for writing the proposal. The application focuses on the development of a community shared solar system on private and public property, site assessment outlining the business and ownership model, assessment of community interest, letters of commitment from at least 5 CSS participants. The REWG feels that rooftop solar on buildings is the least controversial and the most feasible option.
A motion is made to approve the request for the $750 for the grant writer. A vote is called on the motion and approved unanimously – the motion carries.
Correspondence, minutes, public comment
- Review mail & correspondence received or to be sent
- Letter from the library regarding time clock
Susan and Melissa thought they could find the money in the budget to be able to pay the people. They changed the transfer station and added minutes to setting up and closing down. Melissa said it was approximately $2500 tops, which depends on how they are calculating the time.
Susan said it is comprised of 2 parts- staffing pay, and monthly meetings.
Mickey said they try not to go over budget. Last year was the first time they went over. It is October and we know we are going to go over, know that this year the library is going to come for money. Mickey said that she wants the Finance Committee to acknowledge that it is going to happen and be covered. Mandated meetings will add an extra amount of time.
Susan recommended covering it this year and including it in the budget for next year. Scott recommended loosening the budget a bit, and using this year to inform next year’s budget.
- Review and approve minutes of 10/12/22, 10/18/22 joint, 10/19/22
Justin said that he is not ready to approve the minutes tonight, but going forward Laurie will draft the minutes and send them to the Board and the TA. Then the Board will make amendments as they are doing and send them to Melissa to have them printed out for the meeting, and then follow the normal procedure for approving the minutes.
- Review and consider revision for minutes of 9/28/22
Susan reached out to the Planning Board and has had several communications as to whether a camp for year round use is by special permit or by right in the Lake Shore District and how it came to be listed as by right in the most recent copy of the printed zoning bylaws. Susan reviewed the relevant Town Meeting minutes and copies of Zoning bylaws and expressed that she felt the previous minutes as approved are accurate. Justin put this item off until a future meeting.
- Unanticipated business
Justin told Steve Moore asked if he could change the article they sent in to the Monterey News regarding Fiber Connect. Justin said they will tell him to go ahead with the change.
Community center lighting. The Board received communication from Joe Baker, who is concerned about the safety issue of poor lighting outside the community center. Melissa and Jim had a conversation with National Grid, and National Grid is willing to put up light poles on the community center grounds with dark skies compliant, LED lighting, at little or no cost to the Town. This software would allow the lighting to be programmed so it will not have to stay on all night.
Susan would like permission to talk to insurance counsel. The Board agreed that she can reach out to insurance counsel.
- Comments & questions from the public
Ellen said that last week she came to ask for a written statement about the year long wait for the complaint that was filed against her, and the complaint that she filed in response. Justin said that he did not think Ellen’s concern was something that was within the purview of the Select Board.
A motion was made to adjourn the meeting. The motion was unanimously approved.
Meeting adjourned at 8:46pm.
Documents used at the meeting:
1. Tax Rate Classification
2. Request from building department to raise inspection fees and payment to inspectors
3. Board of Registrars advice from Town Counsel
4. Request to contact Town Counsel re:Board of Registrars
5. approved memo regarding Town Administrator
6. Director of Operations and Town Clerk job descriptions
7. Winter Recovery Assistance Program (WRAP) request for reimbursement for crack sealing
8. Grant proposal from the Renewable Energy Working Group