Select Board Meeting Minutes 11/4/2020

Minutes of the meeting of 11/4/20

Meeting Opened at: 4pm

Select Board Members Present: Donald Coburn, Chair, Steve Weisz

Select Board Members present remotely: John Weingold

Also present: Don Clawson, Terry Walker, Maggie Barkin, Mike Johnson, Barbara Swann, Mark Makuc, Jon Sylbert, Dan Moriarity, Mary Makuc, Laurie Shaw, Dennis Lynch

Housekeeping items addressed:  The public was informed that if they intend to record the meeting they must let the chair know.

Items discussed:

1. Appointment of Hannah Bracken by Town Moderator to regional school district planning board.  It was confirmed that she was actually elected.  As Moderator Mark herby appointed Hannah Bracken as the school committee representative to the regional school district planning board.
2. Attendance at town meetings: Steve just wanted to thank everyone for coming out to the special town meeting despite the chilliness.  He wanted to make the point of how important it is for all select board members to be present as there is a lot of spirited discussions that the each member should weigh in on.  Steve noted that one Fin Comm member and one Selectmen did not show up and it was disappointing as their opinions matter and an opportunity was missed as the whole board was not represented.
3. Correction to registrar appointments; The Clerk is requesting to keep Katrina Fitzpatrick, Scott Steibel and Rebecca Wolin.  A motion was made to keep Katrina Fitzpatrick, Scott Steibel and Rebecca Wolin.  Discussion ensued.  John had concerns about the Tree Warden’s appointment being yearly and his daughter serving as a registrar. Amended to delete other names and continue.  2nded.  Unanimous.
4. Historic District Study Committee
   1. Set number on committee: Must be between 3 and 7.  5 people have been recommended.  All agreed with a 5 person board.  A motion was made to set number on board at 5 and appoint the following. Recommended appointments; Susan Leon, Cheryl Zellman, Robert Hebert, Linda Hebert, Barbara Swann.  The motion was seconded.  Steve inquired if there should be 2 alternates.  All were open to having alternates but will leave it up to the committee to make recommendations.  Unanimous on appointments.
5. Vacancies on boards & committee:  Don noted that there were vacancies on the Planning Board and the Zoning Board.  He urged citizen to apply for appointment by the Select Board until the next election.
6. Rebecca Wolin’s public records request: It was noted that the Massachusetts Public Records Law, Records Retention Schedule says that budget estimates and correspondence of administrative convenience only have to be retained until the administrative use ceases and that permission from the Supervisor of Records is not required for destruction so these are not and do not have to be kept for 10 years.  Since the records Rebecca was requesting are not available, the relief she wanted could not be granted.  Jon Sylbert offered to devise a method for preservation of capital budgets going forward.
7. Access to website: Suggestion from the all boards meeting about allowing each of them to have access.   There was a discussion of the scheduling issues, legal liability that might arise if someone put on inappropriate material).  Jon argued for access.  Maggie was fine with going through Melissa.  Terry confirmed that she does not want access to the web and prefers to go through Melissa.  A motion was made to continue to have everything go through Melissa with the caveat if there is missing or inaccurate information it should be provided to Melissa.  John, no. Steve, yes. Don, yes.
8. Classification hearing: Excess capacity is projected to be $712,090.55.  Don Clawson, Principal Assessor is recommending one tax rate for all classes.  Each selectmen has to sign the LA5 page on the gateway website.  As has been done in the past the Board can give Melissa the permission to approve in their names on gateway.  The motion was seconded and approved unanimously.
9. Community Center representatives were present to present their reopening plan.  Mary provided a history of the closing due to COVID.  Outside programs were slowly introduced under the tents, now that the weather has gotten colder programs are requesting to meet inside.  The Community Center Representatives have met with the Health Agent who has signed off on their plan as long as the Governor’s orders are being followed.  The Board stressed that all precautions should be taken that we have available.  Mary will also reach out to M. Noe about CARES funds for cleaning and cleaning supplies.  No member of the board had any objections as long as CDC guidelines and the Governor’s orders were followed.  Don noted that the activities could be limited to Monterey residents only to keep the numbers present down. Pre-registration was strongly encouraged.
10. Update on MVP grant and RT 23 culvert project: Dennis Lynch reported on a recent meeting with the design engineers.  There are 3 specific additional design items that are going to cost an extra $7,900. But, Dennis reported, the money need not be spent now because our competitiveness in the this phase of the grant program won’t be affected by putting off that work until the next phase of the grant process. Dennis and Shawn recommended against making any further expenditures at this time. A motion was made to accept the recommendation.  Unanimously approved.
11. FY22 budget planning memo and discussion with Finance Committee: The draft memo was read and discussion ensued.  Rebecca argued that they all work together and said they need to be evening meetings.  She also urged that this should be a joint project rather than having the boards working separately.   John asked why the budget process was suddenly being changed.  Don explained that this was the way it was done for several years and it worked very well.  Don & Steve also explained that when the Fin Comm changed the process without input from the Select Board last year the process was not successful in that it produced far too many meetings.  Jon Sylbert argued that the initial meetings, as described in the memo, should not be private.  Resolution of that issue was left for the next joint meeting.   There was further discussion of a few aspects of the memo.  Don offered to rewrite the memo to address the various concerns raised and to circulate it to the members of both boards for further discussion at the next joint meeting.(Mike Johnson interrupted the meeting without being recognized and asked to make a point of order.  Don noted since Mike was not a Select Board member he was not entitled to raise a point of order. )  On Don's motion to rewrite and circulate the memo, to which no member of the Finance Committee objected, the vote was 2-1 in favor with John voting No.  Don then recognized Mike Johnson who said   Mike stated the vote was illegal because under our bylaws the Fin Comm shall present the budget.
12. Steve commended the highway department for their excellent job on Tyringham Rd and completing it in 9 days rather than the projected 14.
13. M. Noe advised the board that the elderly tax work-off program cannot be used to pay board and committee members for sitting on a board, it has to be for actual tasks (i.e. stuffing envelopes).
14. Adding video meeting links to website: Steve asked if all boards and committees were recording their meetings so that the format was uniform and across the board.  Rebecca argued that we should be using zoom.  A suggestion was made for Melissa to contact all boards and committees to survey their attitude on this.  A motion was made to table the discussion.  The motion was seconded and approved 2 -1. Don yes, Steve, Yes and John no.
15. Select Board mediation: This was a suggestion made at town meeting by a resident.  Don stated that this would be very expensive since the Commonwealth did not provide mediation services for Select Boards.  Mary stated she might know someone to do this pro bono. Don and Steve were in favor of Mary's proposal. Steve expressed a concern about mediation would violate the Open Meeting Law.  Don assured him it wouldn't. John asked why we would need mediation.   All agreed to allowing Mary to help.
16. Select Board meeting times:  John stated he feels there is a need to have these after work hours starting at 6:30pm.  He so moved.  Steve said that we need to continue to have a morning meeting to include the participation of town employees and we need to continue with at least one being in the morning.  Don moved to amend the motion to state that there would be one meeting at 9am and one at 5:30pm.  Seconded.  John asked to split the difference and meet at 6pm. Don and Steve agreed to 6 p.m. For joint meeting we will find convenient times for all.  Unanimously approved.
17. Fiber Connect Agreement update: Don provided an update.  He has been in touch with Egremont and they are close.
18. Green Communities Designation: John asked for an update.  M. Noe informed the Board that she is waiting on an update from the Berkshire Regional Planning Commission who is responsible for administering the steps in this grant process.
19. CARES grant: John asked for an update on this.  M. Noe informed everyone that she just received approval from the state today for the round 2 application.
20. A motion was made to approve the minutes of 10/21 (9am meeting).  The motion was seconded and approved 2 – 1 with John voting no.  A motion was made to approve the minutes of the emergency meeting on 10/21.  The motion was seconded and approved 2-0 (Steve was not present at this meeting). A motion was made to approve the minutes of 10/28/2020.  The motion was seconded and approved 2 – 0 (Steve was not present at this meeting).  Don stated that approval was not necessary for the minutes of the all boards meeting on 10/29/20 as no decisions were made.
21. Don stated that because of the late hour, the discussion about at will employment will be tabled to the next meeting.
22. Comments & questions from the public – none
23. Steve expressed a word of thanks to the town clerk for her handling of the national election in Monterey which went very smoothly.
24. John inquired if the selectman can do anything for the fireman that passed away.  John agreed to work on it and report back.

A motion was made and unanimously approved to adjourn the meeting at: 6:09pm

Submitted by:

Melissa Noe, Administrative Assistant

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. Draft FY22 budget planning memo
2. Community Center reopening documents