Select Board Meeting Minutes 11/28/23

Minutes of the Select Board meeting 11/28/23

Meeting Date: Tuesday November 28, 2023

Meeting Opened at 6:00 pm

Select Board members present: Justin Makuc, chair; Susan Cooper, Frank Abbott

Also Present: Melissa Noe, Mickey Jervas, Scott Steibel

Also present remotely: Laurie McArthur, Mary Makuc, Don Coburn, JoAnn Bell, Kenn Basler, Gary Shaw, Barb, Pauline Banducci

Call to Order 6:00pm

1. Classification hearing

Scott said that approximately 20 percent of the properties must be in a commercial zone to be able to have two different taxation rates.  He reported that Monterey’s commercial value is only at approximately three percent, so Monterey does not have the option to have more than one tax rate.  Justin asked if they should vote on only having one tax rate for the town.  Susan inquired about an agricultural rate.  Scott said that they do not have this either. 

Susan moved that they keep one tax rate for the entire town.  Frank seconded.  Call a vote: Susan-yes, Frank-yes, Justin-yes. 

The Select Board reviewed the software licensing agreement and presented questions. The Select Board asked if the assessors had been able to get the company to change the state in which arbitration must occur from Georgia to Massachusetts.  (section 18section18.7 page 11) about (choice of law agreement) changing the state the contract is governed by from Georgia to Massachusetts. Frank noted that should there be any problems, having to pursue them in another state can be difficult and cumbersome.  Frank also said that the contract should be dated for next year. 

1. Human Resources consultant scope of services

There were no updates on this item.

1. Town Administrator performance evaluation

Justin said that this was sent out this morning.  Justin said that regarding the composite evaluation the Select Board members could review it and present it at the next meeting.  Justin reported that Donna approved the draft motion for the executive session and read the motion that will be presented later during the meeting. 

Susan asked for clarification and further details on some incidents raised on the composite evaluation.  Firstly, in section three: erroneous information to explain the fuel overage.”  Frank said that this was while he was on the Finance Committee and had completed a fuel analysis of the fuel costs.  Frank discussed fuel consumption and said that he thought the fuel crisis could have been found sooner if it had been monitored more closely.  Susan replied that she recalled many conversations about fuel costs, but her memory was that most of them had focused on the rising costs of fuel, and the historical issue of previous Select Boards and Finance Committees declining to increase the fuel budget.  She did recall several discussions about whether the town should consider a fuel monitoring system to get precise information regarding departmental use, but that the conclusion of these discussions was that since fuel use had been fairly consistent, both the Select Board and Finance Committee felt the cost of the monitoring system was not warranted. 

Susan inquired about the error in a proposed bylaw included in a recent warrant.  Justin reported that it was the error in the Municipal reports bylaw and said that the incorrect version was placed in the May Town meeting warrant.  Justin said that the plumbing and gas inspector were not listed on the document. 

Susan also asked for more detail on the section 3 issue of “overstepping her authority” with regard to termination of a Police employee.  She raised her ongoing concern regarding handling HR issues in Select Board meetings, especially open ones, and suggested having a discussion with the Collins Center pertaining to establishing a consistent procedure for handling HR issues outside of board meetings whenever possible.  Justin said that employee termination would occur during an executive session, but the Select Board has the power to terminate an employee in Monterey.  Justin discussed how the Board was put at risk of a serious open meeting law violation. Susan said that having an employee have this discussion with their department head rather than having this type of discussion during a Select Board meeting would be better for most employees, as coming before a board and waiting for that meeting could be extremely stressful.  Justin offered the potential idea of the Town Administrator and the Department Head terminating an employee if there was agreement between the TA and the department head, and the Select Board only needs to get involved when an issue arises with a department head or the TA.  Justin also noted that, in some Towns, the TA has the authority to hire and fire.  He said that the board can try to develop a procedure, and Susan agreed that it would be a good idea. Melissa said that she had been given advice that herself, HR, and the Police Chief could have completed this task, but it had become convoluted. 

Frank suggested that follow up with the community in regard to the National Grid information would be beneficial to keep individuals informed.

Frank made a motion to approve the composite Town Administrator performance evaluation, as amended.  Justin seconded.  Call a vote:  Justin-yes, Frank-yes, Susan-yes. 

1. Executive Session, Purpose 2: discussion of strategy in preparation for negotiations with Town Administrator

Justin moved that the Select Board convene into executive session for purpose two: discussing negotiation strategy for potential negotiations with the Town Administrator, specifically whether to pursue a contract and the details of a contract, to not allow anyone other than Select Board members to be present for the executive session, and to reconvene into a standard session after the conclusion of the executive session.Susan seconded.Call a vote: Susan-yes, Frank-yes, Justin-yes.

The Select Board left open meeting to enter executive session at 6:36pm.

The Select Board Meeting reconvened in open meeting from executive session at 8:23pm.

Justin moved that the Town will not renew the employment agreement with Melissa Noe, and will continue Melissa Noe as an at will employee beginning February 29, 2024.  Susan seconded.  Call a vote: Justin-yes, Frank-yes, Susan-yes. 

Justin moved that the Town will post the job and open up the position of Town Administrator for applications.  After recruitment and interviews, the Board will decide whether to hire a new candidate or continue to employ Melissa Noe as Town Administrator either as an at-will employee or with an employment contract.  Frank seconded.  Call a vote: Justin-yes, Frank-yes, Susan-yes. 

Justin reported that they will continue discussions on this topic next week. 

1. Town Administrator Items

Melissa reported that they had the HR IMA meeting today and will be receiving an email in two weeks requesting that they dissolve the IMA.  Melissa reported that the playground is complete and there are still some ARPA funds left. 

1. Unanticipated business

Melissa reported that there was a request to hang a flag, and she was asking the Select Board whether they would permit permission for the flag.Melissa said that she was requesting that the Select Board only permit the American Flag.Justin inquired about other organizational flags.

1. Comments & questions from the public

Mickey inquired about the Select Board’s preference for residents who are registered to vote to fill vacant elected positions.  Mickey asked about positions vacant until the next election, and Justin said that this is what they could do by law, and Mickey said that it did not read that way.  Justin said that he would look into this. 

1. Approve minutes of 11/7/23, 11/14/23, 11/17/23, and 11/21/23

No minutes were approved during the meeting.

Frank made a motion to adjourn the Select Board meeting.  Susan seconded.  Call a vote: Justin-yes, Frank-yes, Susan-yes.  Select Board meeting adjourned at 8:36pm

Documents used at the meeting:

1. Approved Town Administrator performance evaluation