Print
Share page with AddThis

Select Board Meeting Minutes 11/17/21

Upload file: 
PDF icon 11.17attachments.pdf
Meeting date: 
Wednesday, November 17, 2021

Minutes of the meeting of 11/17/21

Meeting Opened at: 5:15pm

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

Select Board Members absent: John Weingold

Also present: Katherine Krauss, attorney for Terry Walker, Terry Walker, Kevin Fitzpatrick, Mickey Jervas, Don Coburn, Hillel Maximon, Jon Levin, Gerry Clarin

Also present remotely: Corrine Hood Greene, Esq, Heather Bellow, Frank Kern, Adam Galambos, Rob Hoogs, Susan Cooper, Frank Upton, Debbie Slater, Jon Sylbert, Janet Maximon, Mary Makuc, Paula Hartstein, Nancy Tomasovich, Janet Jensen, Ellen Coburn, Stephen Moore,

5:15pm: Open Meeting

Discuss entering executive session as per G.L. c. 30A, sec. 21(a)(1) – To hear complaints or charges brought against a public official.

A motion was made to go into Executive Session as per MGL Chapter 30A, Section 21(a)(1).  The motion was seconded and approved 2 - 0.  The Board confirmed it will return to open session.  Roll Call:  Justin Makuc present, Steve Weisz, present.  The Board entered executive session at 5:15 pm.  The Board returned to open session at 5:52pm.

6pm: BNRC: Conservation Restriction

Adam Galambos, land conservation associate of the Berkshire Natural Resources Council was present to discuss a proposed conservation restriction conveyed from the Bidwell House.  Justin Makuc made a disclaimer for conflict of interest purposes he has not been paid by the Bidwell House since he stopped mowing their lawn in 2020 and he does not think participating will have any impact on his financial status and thus he can participate in the matter before the Board.  Steve agreed that he did not believe a conflict exists.  Adam is seeking municipal approval for a conservation restriction.  A motion was made to approve the conservation restriction.  The motion was seconded and unanimously approved.

Old Business

  1. Town Administrator Items:
    1. A motion was made to approve the minutes of 10/6/21.  The motion was seconded and approved 2 -0.  A motion was made to approve the edited minutes of 10/27/21.  The motion was seconded and approved 2 – 0. A motion was made to approve the edited minutes of 11/3/21.  The motion was seconded and approved 2 – 0.  A motion was made to approve the edited minutes of 11/10/21.  The motion was seconded and approved 2 – 0.
    2. Public records on website:  We are still waiting to hear from several Boards and Committees.  The Board is hoping to lead by example and that others will start heading in the same direction without a formal policy.  Steve thought the Board should set a firm date for boards and committees to comply by.  Justin suggested a policy be created that documents used at meetings should be attached to all approved minutes.  Steve made a motion to give all boards and committees a chance to give their input by the end of the year so that the Board can make a policy decision on the matter early next year.  The motion was seconded and approved unanimously.
    3. American Rescue Plan Act draft survey:  A motion was made to send out the survey in its current state with a comment box added to the end of the survey.  The motion was seconded and approved 2 – 0.
    4. Agenda posting survey results: The question was asked if people wanted their own access and half of the people asked have not responded, we will set a deadline to respond of the end of the year.  The responses will be compiled in the new year and a policy created based on the responses.
    5. Grant administration draft policy: A motion was made to table this item so the Accountant could review and comment on edits that Justin made.  The motion was seconded and approved 2 – 0.
    6. Correction to office hours: The change from being closed on Fridays to open a half day approved last week was mistakenly agreed to by M. Noe and would actually be more posted open hours than stated in the contract.  She requested to correct them.  A motion was made to approve the new hours of Monday 8 – 3:30, Tuesday 8:30 – 4, Wednesday 8:30 – 5:30, Thursday 9 – 4:30 and Friday 8:30 – noon.  The motion was seconded and approved 2 – 0.
  2. Access to counsel draft policy: Justin reviewed and explained the edits he made to the most recent draft.  Steve asked that a clean document be provided and sent to counsel for their comments prior to approving as they have requested a concise plan.  A motion was made to continue to the next meeting, produce a clean revised copy and send to counsel for comment.  The motion was seconded and approved 2 – 0.
  3. Appointments to the Town Charter Committee - Donald Coburn, Janet Maximon, Hillel Maximon, Debbie Slater and Shawn Tryon and have expressed interest in being on the committee.  Justin agreed that a number of seats should have been determined before requesting interested parties for a newly formed committee. Justin had concerns with making additional appointments that were received after the deadline (an audience member argued that a “please respond by” is not a deadline) to express interest and he’s hesitant to create unusually large committees. Steve said that since the parameters were not set in advance it would be undemocratic to tell the parties now they cannot be appointed due to a mistake made by the Board.  Steve made a motion to appoint Donald Coburn, Janet Maximon, Hillel Maximon, Debbie Slater and Shawn Tryon to a one year term to the Town Charter Committee and limit it to 9 seats.  The motion failed.  Justin made a motion to cap the Town Charter Committee at 5 people and review letters of interest and appoint next week. The motion failed. Steve made a motion to meet half way and cap it at 7 people and review letters of interest next week.  The motion failed.  A new motion to cap the committee at 7 people and submit letters of interest by the end of the month for the additional 3 seats to review since the application process is now competitive was made.  The motion was seconded and approved 2 – 0.
  4. Review mail and any correspondence to be sent/signed
    1. Nancy Tomasovich public records question:  Steve stated that the documents/complaints she emailed questions about are part of an ongoing investigation and not for public dissemination.  Nancy inquired how Don Coburn received copies of the complaints.  Don Coburn stated to be perfectly clear, he is supportive of Melissa with respect to the complaints filed against her and that Melissa Noe has an absolute right to show the complaints against her to anyone she wants and certainly to someone she is seeking help or guidance from.
    2. The Board acknowledged that Lisa Smyle has resigned from Library Board of Trustees.

 

New Business

  1. Town Administrator Items:
    1. Outreach Coordinator recommendation/appointment: At the recommendation of the Town Administrator, Ilene Marcus and Kyle Pierce a motion was made to appoint Emily Hadsell as the Outreach Coordinator for 1 year.  The motion was seconded and approved 2 – 0.
  2. Bylaw Review Committee update:  Justin announce that anyone that has not yet sent in a letter should do so before the requested date (Nov 19) so the interested parties can be reviewed and chosen by the Board.  M. Noe was asked to contact counsel to clarify the appointment term, the schedule for staggering elections, and whether parties should be registered voters.
  3. Publically viewable profane language on private property: Counsel has advised against attempting to take enforcement action against the resident for risk of a First Amendment claim (his opinion was read into record).  Justin volunteered to speak to the resident and/or the police to politely ask for it to be removed.  Don Coburn expressed that he found it offensive to ask the police who enforce the law to ask someone to take something down when it is their 1st amendment right. The Board agreed that Justin would politely talk to the homeowners about the profane sign.
  4. Posting meetings on you tube prior to September 22nd: Steve stated that September 22nd was the date the Board agreed to youtube’s terms of service.  The Board never clarified whether board meetings should be retroactively be placed on the web.  Justin suggested going back to June 2nd since this is when it was originally agreed to post meetings to the website.  Steve thinks it should be from September 22nd on and not retroactively and noted that he voted against placing the meetings on youtube.
  5. Records Access Officer (RAO) position and report from Jon Levin:  Jon was appointed as a RAO last Wednesday spoke to the law and pending requests.  The statute is quite specific and dense.  Jon is acting as an independent determiner of the process.  Each request will be handled independently and in accordance with the statute even if it appears inconsistent with the way a prior request was handled.  Jon explained the process and what a public record is defined as.  One specific exemption is worth noting, personal notebooks not maintained by the town are exempt.  Jon also noted that the Select Board’s recent policy to not charge public officials fees cannot be enforced as it takes the authority away from the RAO.  Status of the pending requests:
    1. John Weingold’s dated 11/21/21 (2): Mr Weingold has been responded to within the 10 day requirement with notice to extend by 15 days.  Jon has also petitioned the Supervisor of Records requesting an additional 30 days or a determination to waive the request in its entirety.  Should the town still be required to fulfill the request Jon will be charging Mr. Weingold as there is over 92 separate items requested.  Should the supervisor not grant the petition relieving the town he suggests hiring a temporary employee to provide the necessary services to comply because 1) If Melissa is responsible to respond and compile records, due to the difficult relationship Mr. Weingold has with her he will never agree she has properly complied and it is not a sensible use of town resources and 2) The amount of time to process the records request will be extraordinary and to fulfill the compliance requirements would not allow the Town Administrator the time to perform her regular responsibilities.
    2. Nancy Tomasovich 11/5/21 request for executive session minutes: This request has been responded to in a timely fashion and time to comply has been extended by 15 days.  Jon has provided the Select Board a memo on what they need to do, which is meet in Executive Session to determine if the minutes are still confidential.
    3. Melissa Noe and anonymous requestor to Clerk submitted 9/13 & 9/14: Jon Levin reported that due to the passage of time and no official response made within the 10 business days there is nothing Jon can do to charge a fee or take action to the Supervisor of public records to relieve the town of responding.  Terry Walker has provided some and will be working with Jon to produce the rest.  Justin had questions about the RAO and the requestor being the same person and how it affects the response, if at all. Justin inquired if a RAO should be sworn in to their office.  Jon stated he sworn in was by an outside party (notary public) as Terry did not respond over several days to his email requesting to be sworn in.  Don Coburn thanked Jon for such a clear exposition of the statute.  Hillel Maximon echoed Don’s sentiments about Jon’s explanation as well as for stepping up to be a RAO under these circumstances. 
  6. Review mail and any correspondence to be sent/signed
    1. A letter submitted by Chris Blair regarding Dennis Lynch was read into record.
    2. Steve Moore’s letter to the Board re: Bylaw review committee
  7. Comments & questions from the public:
    1. Don Coburn stated that it was a pleasure to see the Select Board functioning so well.
    2. Hillel Maximon said he understands from reading the Berkshire Eagle lodged a complaint against him, if the Board has received a complaint against him he is demanding it be forwarded to the police as they have no jurisdiction over him as a private citizen.  It is an outrage and he’s demanding an answer from them now.  Steve said in all honesty he does not believe he has a copy of a complaint with Hillel’s name on.  Quite frankly he has stopped reading them as there have been so many.  Justin deferred to the RAO.  Steve stated he will contact counsel with Hillel’s request. Hillel has contacted his counsel and will be proceeding against the Board. 
    3. Gerry Clarin finds it disturbing that we have 3 select people and only 2 participate.  It is appalling that the one member doesn’t want to participate and maybe we need a bylaw that if a certain amount of meetings are not attended we have the right to remove them from their position.  Steve explained that the current recall provision which has been sent to our representatives to be passed as a special legislative act would resolve this.  The 2 people shouldn’t have to carry the burden of a 3 person board.  Don explained that a special act could be created to have a meeting attendance provision.

A motion was made and unanimously approved to adjourn the meeting at: 8:22pm

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. Conservation restriction
  2. ARPA Draft Survey
  3. Contacting town counsel draft memo
  4. Nancy Tomasovich public records question
  5. Chris Blair letter
  6. Steve Moore letter
Video / Audio