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Select Board Meeting Minutes 12/16/2020

Meeting date: 
Wednesday, December 16, 2020

Minutes of the meeting of 12/16/20

Meeting Opened at: 9am

Select Board Members Present: Donald Coburn, Chair

Select Board Members present remotely: Steve Weisz, John Weingold

Also present remotely: Hillel and Janet Maximon, Jennie Andrews, Peter Chait, Adam Chait, Barbara Cohen, Susan Kaufman, Anastasia Coulombe, Mary McGurn, David Silberman, David Contract, Rebecca Wolin, Chip Allen, Maggie Barkin, Stephen Cohen, Stephen Moore, Richard Skolnik, Nicholas Jelf, Ben Shapiro, Stuart Litwin, Julie Shapiro, Luca Nencetti, Bob Carlson, Dennis Lynch

Housekeeping items addressed:

  1. The public was informed that for this particular meeting that all members of the public would be muted.  If the public would like to speak they will need to turn their camera on and raise their hand indicating that they would like to speak.  All telephone participants will be unmuted at the end if they would like to speak.

Items discussed:

  1. Fiber Connect proposed final agreement: The Board discussed the proposed draft and opened the floor to public comments.  The proposed agreement as submitted by Fiber Connect, excludes the following locations from broadband service; River Road from #100 to the New Marlborough town line (3 houses); Corashire Road from #56 to the New Marlborough town line (4 houses); Beartown Mt. Rd., from #126 to Great Barrington Border (23 houses); Royal Hemlock Road (3 houses); Tyringham Road North of Heron Pond Road to Tyringham Border (1 house); and 400 West Otis Tyringham Road (1 house). Don noted that the options are to accept the agreement as written or negotiate further.  Accepting the contract as is would have leave no assurance of Beartown Mtn Rd being serviced and the town would lose $25k from the state for technical and legal assistance.  Adam Chait of Fiber Connect was provided the opportunity to address anything that Don summarized.  Adam stated that he was under the impression that the purpose of today’s meeting was for the Board to sign the agreement, his position on any amendments remains the same as in prior discussions.  Adam explained that there are several locations that are not possible to service to at this time to because the electric power comes from an adjoining town.  Fiber Connect does not want to be responsible and feels it is outside of their wheelhouse to determine who would qualify for the low income program but is agreeable to deferring to a 3rd party company.  The public was given an opportunity to ask questions and make statements. Adam Chait stated that if any changes need to be made to the agreement they will also need to be made in the Egremont agreement as they need to be identical.  Dennis Lynch stated that in his conversations with MEMA there may be funds available and he is happy to research that with Hillel and Fiber Connect.  The Board discussed sending out a letter to the town regarding the $50 sign up program providing it does not violate any laws and whether they wanted to sign the agreement.  John opposed signing any agreement today as each town is individual and the rural nature is not the same as Egremont so our agreements cannot be the same.  John recommended that the Board needs to make sure that all the town is going to be serviced.  Steve agreed with John and expressed that he also has concerns that this is a utility service that the public will be relying on and it will also be a monopoly and we need to be cognizant that whatever the Board decides on affects all of Monterey including our lower income residents.  Steve also would like to see language added to the agreement that limits large price increases once a subscriber’s initial contract has expired.  Don generally concurs with John and Steve’s remarks.  Don noted that it is not practical to have negotiations in public with a 3 member Board.  Don asked if a selectperson should be designated or if we should enlist counsel to negotiate. John stated that any “side agreements” need to be in the actual agreement as the draft states that once signed any side agreements become null and void.  Steve suggested that a separate meeting should be scheduled that focuses only on broadband and the contract drafted in a manner satisfactory to the Board; all agreed.  M. Noe was asked to find out if there are any legal issues with sending out the letter discussed, and to schedule a meeting next week for continuation of the discussion of the broadband contract.
  2. MBI still has other items to negotiate with Fiber Connect but has stated they do not want to move forward until Monterey has confirmed that it is satisfied with the language in the security agreement.  Don suggested responding that Monterey accepts the language subject to the $25k for legal and technical expenses to us being reinserted and a satisfactory side agreement being reached between Monterey and Fiber Connect.  John and Steve said they would like to see a copy of the security agreement referred to in the contract.
  3. Mediation and Open Meeting Law Determination update: John said that the last he knew the mediator was supposed to email Don and Steve.  Don noted that he had been asked to contact the AG to find out if the process of individual interviews with each selectman by the mediator violated the Open Meeting Law.  John said he hadn't done that, and Don said he would and said that at the last meeting John was asked to contact the AG for further clarification.
  4. At the request of the Cultural Council a motion was made to appoint Erica Stern to the for a 3 year term.  The motion passed unanimously.
  5. Wifi hotspot program: Don explained that Michael Baldino stated that MBI is willing to create hotspots in town if needed.  The Board did not think that there were any additional locations at this time.
  6. Administrative Assistant items
    1. Budget meeting schedule; The schedule was approved as is.  Both Don and Steve have signed up for multiple meetings, John was asked to do so.
    2. COVID-19 procedures and employee communications memo:  A motion was made to approve the memo and to distribute it. The motion passed unanimously.
    3. Job descriptions; discussion ensued on whether to add them to the town website – A motion was made to put them on the website. The motion passed unanimously.
  7. A motion was made to approve the minutes of 11/23.  Steve, yes, John abstained as he said he did not review them, Don yes.  A motion was made to approve the minutes of 12/2. Steve, yes, John abstained as he said he did not review them, Don yes.
  8. At the request of the Planning Board a motion was made to appoint Chip Allen until the May 2021 election.  The motion was approved unanimously.
  9. Town Administrator job description and advertisement: Discussion ensued about the advertisement, number of hours, benefits.  Don made a motion to approve the advertisement seeking a Town Administrator drafted by Steve with the addition of “with benefits”.  Discussion ensued and Don explained that by getting the advertisement out now the Board will be able to review applicants after the first of the year.  John stated that he has not read any of the items sent around for today regarding this subject because he was focused on Fiber Connect.  Steve suggested giving John time to review it and approve it on Jan 6th.  Don agreed and the motion was implicitly withdrawn.
  10. Review mail and correspondence to be sent/signed: None
  11. Comments & questions from the public: None

A motion was made and unanimously approved to adjourn the meeting at: 11:10am

 

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. Fiber Connect/Town draft agreement
  2. Budget meeting schedule
  3. COVID-19 procedures and employee communications memo
  4. Town Administrator draft help wanted advertisement (SW)