Select Board Meeting Minutes 11/24/21

Minutes of the meeting of 11/24/21

Meeting Opened at: 10:30am

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

Select Board Members absent: John Weingold

Also present remotely: Donald Coburn, Heather Bellow, Steve Moore, Richard Pargament, Paula Hartstein, Adam Chait, Jeff Zimmerman, Mary Makuc

Also present: Hillel Maximon, Jon Levin, Julio Rodriguez

10:30am: Boycott and work stoppage by Board member John Weingold:

Steve read into record the following letter received from John Weingold via email to Justin and himself last Wed at 5:14pm (also attached).

“I am hereby notifying the Monterey SB that I am boycotting (my civil dis-obedience) any future SB meetings in which Steve Weisz is Chair. My perspectives are many: his personal injection into the “police investigation,” his continued oceans of prevarications to fellow SB members and the public, his failure to protect the integrity of the functioning of the SB as a group, his conducting SB business involving the TA’s HR issues by himself, behind the scenes, without any SB authority, his dominating discussions, allowing improper posts of SB meetings & agenda items to the public, violating the OML twice in the past and likely numerous times currently, and abuse of the position as the Chairman of the SB by continued bullying and badgering of Justin on issues. Lastly, I also will not be participating in any meetings that allow open mics (which was my idea borrowed from GB) while the SB is deliberating. My perspective is that open mic has become a free for all opportunity for personal attacks of SB members, opportunities to bulldoze members to change their votes, bullying of SB members on issues, ad hominem attacks of members, allowing dunderheads who don’t know any facts on the issue to speak, and allowing mob rule and control of the SB meetings by minority of the town residents. From my perspective the Chair and the TA and her followers are controlling the SB meetings, what topics are thoughtfully discussed, and the executive functioning of SB and its deliberations have been destroyed. We are not functioning as a board.”

Steve commented that the idea of public service and being a public servant (any elected officials) is to serve the public, not the other way around.  If a public servant doesn’t like the others they serve or work with, they do not get to choose to not do their job. 

Old Business

1. Town Administrator items:
   1. A motion was made to approve the minutes of 10/26.  The motion was seconded and approved 2-0.  A motion was made to table the minutes of 11/17 to the next meeting.  The motion was seconded and approved 2-0.
   2. The Board reviewed the draft grant administration policy and revised grant proposal form.  A motion was made to approve both the policy and the form.
2. Access to counsel draft policy: Counsel has not yet responded to the most recent draft.  A motion was made to table this to next week.  The motion was seconded and approved 2-0.  Melissa Noe will send a reminder asking for a response by the 1^st.

New Business

1. Town Administrator Items:
   1. Monterey received $3,150 from Department of Environmental Protection grant through the Recycling Dividends Program.  A motion was made to accept the award which was seconded and approved 2-0.
   2. Bally Gally repairs/transfer: Repairs were necessary to 2 faucets in the rental. As the cost to make these repairs will cause us to go over the $1,500 approved yearly expenditure limit, Melissa explained the Finance Committee can either approve a reserve fund transfer or the Finance Committee and the Select Board can both approve increasing the spending limit for this year.  A motion was made to raise the annual expenditure limit for FY22 to from $1,500 to $2,500 to allow for this repair.  The motion was seconded and approved 2-0.
   3. Copier: Melissa explained that the current copier is set to be replaced in FY23 however she wanted to make the Board aware that it has required and requires some more extensive work.  Berkshire Graphics has a used color copier floor model that they have offered to sell to us for $5k (MSRP is $15k).  The Board decided to wait to replace it until FY23.
   4. FY23 COLA (cost of living adjustment):  In preparation for the upcoming budget meetings departments have requested the COLA number they should use for wages/salaries.  Steve would like to hear what the Finance Committee recommends before making a decision.  Melissa Noe pointed out that social security for 2022 is 5.9%.
2. Review interested parties for the Bylaw review committee, discuss making appointments:  Counsel’s opinion on various questions presented were read into record.  Five residents/voters and 2 non-voters have expressed interest in sitting on the committee.  Justin is willing to appoint the 5 registered voters and thank the 2 non-voters.  A motion was made to appoint Mari Enoch, Jeff Zimmerman, David Myers, Pauline Banducci and Stuart Litwin through the May 2022 election.  Justin made a disclaimer for the record that Mari Enoch is his aunt however he believes he can legally participate in this business within the Conflict of Interest law since he and his immediate family will not be financially impacted by the decision. The motion was seconded and approved 2-0.  A motion was made to stagger the terms as follows for the May 2022 election; 2 seats for 3 years, 2 seats for 2 years and 1 seat for 1 year.  The motion was seconded and approved 2-0.
3. Open Meeting Law (OML) complaint received:  A OML complaint has been filed by Don Coburn against John Weingold (attached). The complaint was read into record.  Justin felt that based on historical practices, the complaint should be responded to by Mr. Weingold and it wouldn’t make sense for Steve or Justin to respond as the alleged violation is an email sent only by Mr. Weingold, and not responded to by Justin or Steve.  Steve agreed but asked how that happens when Mr. Weingold is boycotting all Board meetings until May.
4. Jon Levin RAO Report Update and Recommendation for hiring of Temporary Employee:
   1. The request with respect to Mr. Weingold and the petition to the Supervisor of Public Records seeking relief has been denied however approved a 30 business day extension from November 1^st as it would be too burdensome for the town to fulfill.  The bulk of the requests involve the Town Administrator and Jon recommends hiring a temporary employee up to $25/hour as allowed by law to compile the request to avoid any suggestion that records were omitted or not properly responded to.  Jon believes it will take about 40 hours to comply with the 92 requests by Mr. Weingold and the best estimate is $1,000 for time plus $0.05/copy.  If the board disagrees with hiring a temporary employee Jon recommends the Town Administrator spend no more than 4 hours per week on it.  Jon stated the statute is ambiguous on whether the fee is required prior to fulfilling the request but Melissa Noe noted that historically the town has always required payment from the requestor prior to spending any time fulfilling a request.  Steve felt it was reasonable to continue to request the monies be paid up front prior to any research starting.  Mr. Weingold has been sent a letter and must confirm that he wants to proceed with the request and agrees to the estimate.
   2. Nancy Tomasovich: He is awaiting the Board’s determination based on his memo to them.  Practically speaking the Board can inform Jon that the requested documents are part of an ongoing matter still under investigation and thus exempt.  Steve stated that once the investigation has concluded and the Board determines the documents are no longer confidential and can be released, the minutes will be released to all at that time.
   3. A motion was made to continue and formalize the practice/policy that no work will be done to fulfill a public records request until payment has been received.  Justin asked if that would be in compliance with state law.  Jon stated that from a practical perspective this is likely how most towns address requests and the municipality has the authority to determine when payment is due but he is not aware of any precedent under the Public Records Law.  The motion was seconded and approved 2-0.
   4. Request made of the Town Clerk: Jon has made multiple requests of Terry Walker, who did produce some records (which Melissa provided to Jon as he requested but Terry has yet to respond to Jon).  His original email requesting information of Terry (what has been requested, what may be exempt, how much time and what has been provided to date) has not been responded to by Terry, nor has the subsequent email and 3^rd email reminder.  Terry’s only response stated that Jon’s email was inappropriate and illegal since his first request was prior to his taking the oath of office.  Jon wanted the Board to know that Terry is not cooperating and he cannot do his job if town employees are not cooperating.  The records requested are within the town records and others could access the records if given permission to.  The town will be out of compliance with the Public Records statute if she continues to be non-responsive.  Jon noted that all requests made of Melissa Noe for information have been promptly responded to.  Don Coburn made a point of order that Terry is an appointed employee and the Select Board can order her to comply and if she refuses can take disciplinary action or dismiss her.  The Board agreed to take the route of asking one more time.
5. Day after Thanksgiving: The Board historically has given the full time, benefited employees the day after Thanksgiving off.  A motion was made to give the full-time, benefited employees the day after Thanksgiving as an additional holiday.  The motion was seconded and approved 2-0. 
6. A motion was made to reappoint Barbara Swan and Susan Leon thru June 30, 2022 to the Historical District Study Committee.  The motion was seconded and approved 2-0.
7. Review mail and any correspondence to be sent/signed:
   1. Karin Jackson letter: This item will not be addressed as the identity of Ms. Jackson has not been confirmed to be a real person.  Their letter was not signed with their full name.  Justin has been communicating with this individual asking for their address and/or first and last name and he considers this to be an anonymous communication and it would be prudent to not read this item publically.  Steve agreed.
   2. Caleb Stone letter (Southern Berkshire Volunteer Ambulance):  Caleb Stone the new Chief of Operations sent a letter introducing himself and asking the town to consider appropriating some of our ARPA (American Rescue Plan Act) funds to them to provide bonuses to their staff and to replace one of their vehicles.
   3. Kathie Tryon letter: Ms. Tryon sent in some suggestions for the Board to consider when requesting letters of interest to new committees and how to make the process work better in her opinion.
   4. Mark Makuc Letter: Steve did respond to Mark offering to sit down with him if he wanted, Justin also stated for full disclosure he spoke with him as well. Steve made a motion to make it a policy to meet with the Town Moderator at least 30 days prior to any town meeting to discuss the operations at the town meeting.  Justin made a disclaimer for the public that Mark is his father and that there is no financial impact to him or his family by voting on this motion.  The motion was seconded and approved 2-0.  Justin also felt that the items about electronic voting and citizen petitions were also worth discussing at a future meeting.  Mark has suggested that town counsel should review citizen petitions and the town should consider electronic voting.  Counsel will be asked what other towns and their counsel do with providing citizens review or comment on their petitions.  Melissa will follow up with the other towns she is aware of that use electronic voting for cost, ease of use, etc.  Justin also asked if it would make sense to pay the folks to pass the mic around instead of relying on volunteers. 
   5. Jon Sylbert 10/19 email to the Board: Jon is requesting that the Board vote to post Select Board meetings prior to September 22^nd to allow for more open and transparent government.  Justin supports this.  Justin made a motion to return to the practice of adding the initials of the Select Board member to the agenda to clarify who made the addition.  The motion was seconded and approved 2-0.  A motion was made to include the meetings back to June 2, 2021 on youtube.  Steve noted that Jon’s email states that if the Board doesn’t support this then they don’t support open and transparent government but then in the next paragraph states that the Board had no authority to post the Finance Committee meetings on Youtube and demanded they be removed.  Steve thought that it sounded hypocritical. Steve did request more time to think about posting past Board meetings prior to making a decision.  Justin agreed.
8. Monterey Lights the Holidays ceremony is this Saturday at the library sponsored by the Cultural Council and Community Center.
9. Comments & questions from the public:
   1. Hillel stated that one of his comments at the last meeting was inappropriate and he wanted to apologize for poor behavior and will try his best to not have it happen again.  He wished everyone a Happy Thanksgiving.

A motion was made and unanimously approved to adjourn the meeting at: 12:35pm

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. John Weingold email
2. Grant administration draft policy and revised grant proposal form
3. Counsel’s opinion on the bylaw review committee
4. DEP grant paperwork
5. Open meeting law complaint.
6. Caleb Stone letter (Southern Berkshire Volunteer Ambulance)
7. Kathie Tryon letter
8. Mark Makuc Letter
9. Jon Sylbert 10/19 email to the Board