Select Board Meeting Minutes 12/21/22
Minutes of the meeting 12/21/22
Meeting Date: Wednesday December 21, 2022
Meeting Opened at 6:00pm
Select Board members present: Justin Makuc, Chair, Susan Cooper, Scott Jenssen
Also Present: Melissa Noe (Town Administrator), Micky Jervas, Laurie McArthur (Select Board secretary), Gerry Clarin, Gary Shaw, Shawn Tryon (Fire Chief)
Also Present Remotely: Donna Brewer, Jeff & Lauren Berhman, Paula Hartstein, Donald S. Coburn, Dennis Lynch, Tom Sawyer, Allan J. Dean, Alexandra Glover, Mary Makuc, Wendy Germain, Nancy Kleban, Frank Kern, Rob Hoogs, Peter Grealish, Frank & Margy Abbott, Deborah Slater, Jon Levin, Ellen Coburn, Richard Pargament, Rebecca Wolin, Laura Mensi
Call to Order 6:00pm
6:00pm: Meet with Town Counsel, Donna Brewer, to discuss Hume v. Monterey advancing to the Massachusetts Supreme Court, and related cost (estimated $20,000-$30,000).
The Hume v. Monterey court case is scheduled for oral arguments before the Massachusetts Supreme Court on February 6th. Donna provided a detailed overview of the case and what was expected of her to prepare for this case. Donna said that she would be billing hourly; however, she provided an estimated cost of $20,000 to $30,000. Justin inquired about the legality of hiring Donna without having the necessary funds already in place, as the earliest the funds could be secured would be at the Special Town Meeting tentatively scheduled for January 21st. Donna discussed options that the Select Board and Town of Monterey could take in lieu of pursuing a court case. Members of the community asked questions and discussed their thoughts about the case and expressed concerns they have had with Hume in the past. Donna said that the Town had previously stipulated that Hume is a qualified religious institution under the Dover Amendment, and expressed uncertainty as to whether we now can submit a brief questioning that status.
The Select Board discussed their options and Justin moved that the Select Board ask Donna to prepare to represent the Town in the oral argument at the Massachusetts Supreme Court. The Select Board will ask for the $30,000 at the Special Town Meeting provisionally scheduled for January 21st, and asked Donna to let them know if that estimate has changed prior to their signing the Warrant.
Scott seconded the motion.
Justin called a vote- Susan- yes, Scott- yes, Justin- yes.
6:30pm: Meet with Renewable Energy Working Group chair, Peter Murkett, to discuss a Scope of Services for a contract between Beacon Integrated Solutions and the Town.
The Select Board discussed the Scope of Services for a contract between Beacon Integrated Solutions and the Town, for consulting about the potential installation of solar panels on Town property or through a private-public partnership. Peter Murkett was not present, so Justin offered to relay to Peter comments from the Board about the timeline of the scope of services, and extra clarification about what a private-public partnership would look like with the private non-profit Fire Company. There were also concerns about the April 1st deadline because this may not be enough lead time for the project to go forward onto this year’s Annual Town Meeting warrant.
7:00pm: Meet with Town Clerk Staff, Gary Shaw, to discuss employment position.
The Select Board discussed actions that were previously taken regarding Town Clerk Staff, Gary Shaw, around the time of the hiring of the interim Town Clerk. Susan discussed the meeting she and Melissa had with Marie Ryan. Susan reported that Marie said that she would need approximately 5 hours a week to meet the needs of the Town Clerk’s office and did not currently require support from the Town Clerk’s Staff. Marie was offered assistance and support from the Town Clerk’s Assistant should she need it. Susan provided Gary with an update of the situation in the Town Clerk’s office, pending appointment of Ms. Ryan by the Select Board.
Gary said that he was under the impression that the position was no longer available or may change to include additional responsibilities and was asked to turn in his keys. The Select Board discussed the position of the Town Clerk’s Staff and whether or not there was a need for those hours at this time. Discussion ensued between Scott and Gary regarding a previous meeting, in which Gary read a statement made by Scott that was as follows (Scott said “I just want to echo Melissa’s statements about having a totally clean slate where any assistant is a new assistant”). Scott refuted the statement. After continuing the discussion for several more minutes, Gary presented the recording to Scott from the previous meeting. From here Scott publicly apologized to Gary and the town for the misstatement of his statement from that meeting. Justin said that Gary is still considered to be Town Clerk staff, and the rest of the Board agreed.
Justin proposed having Gary present in the Clerk’s office to provide additional office hours for that office. Susan pointed out that the new Interim Clerk will be working 5 hours a week which she believes adequate to serve the Town’s needs outside of meetings and elections, and a discussion ensued about how much time the Town Clerk position requires. Susan noted that the previous Town Clerk maintained that her 19.75 hours, with an additional 7 hours of Clerk’s staff time, was insufficient for her to complete the work of that office. In light of the upcoming Special Town Meeting to ask the town for additional $120,000 - $160,000, she expressed reticence in paying someone to open an office if there is no Town related work for them. Melissa clarified her communications that she had with Gary via email.
The Select Board agreed to work with Marie and the Town Administrator to determine what the needs of the Town would be going forward. Scott suggested that the interim Town Clerk meet with the Gary to determine if and when Gary’s help might be useful in the office and come up with a plan for going forward. Melissa said that she has begun to work with Marie regarding a plan and reaching out to Gary after the holidays.
Old Business
- Draft Police Chief contract
The Select Board discussed changes made to the Police Chief contract.The contract was reviewed by Donna, and her comments and edits were incorporated by the Board.Justin agreed to create a final draft of the Police Chief contract based on agreed upon revisions and provide it to Melissa and Brian. The Board will revisit the contract after Brian has had a chance to review and respond to the Board’s version.
- Draft Capital Planning Policy and Procedures
This will be tabled until the next meeting.
New Business
- Draft Special Town Meeting Warrant for Saturday 1/21/23 at 1:30pm
The Select Board discussed each of the items individually to determine which ones should be included in the Special Town Meeting Warrant. Articles in draft warrant order
1. Fuel
Melissa and Jim spoke and agreed upon $35,000 being sufficient for the Fuel Account. Melissa said that $25,000 could be transferred from paving and $10,000 could be transferred from gravel (both sub-accounts of Highway Capital) into the Fuel Account. This will be listed as one Article.
2. Fire Department Equipment & Maintenance
The Fire Department is requesting $35,000 for Maintenance. Shawn Tryon (Fire Chief) discussed the current budget, including necessary vehicle repairs and significant cost increases which would deplete their budget for the remainder of the fiscal year. Shawn said that he could use some of the unused compensation budget for the Fire Department and would be able to take approximately $25,000 to $30,000 from the compensation budget if needed.
3. Assessors Expenses
The Assessors Expense account was underbudgeted so Melissa recommended using the unemployment insurance line for interdepartmental transfers to cover Articles 3, 4, 7, and 8.
4. Building Inspector wages
There is a request for $5,409 to cover the overage hours for the next few months for the Building Inspector and provide Don Torrico with an additional 3 hours per week until the fiscal year is over.
5. Town Hall Feasibility Study
There is a request for $49,500 to pay for a Feasibility Study for the Town hall in order to discuss storage, determine the needs for future growth, organization, and maintain and correct problems with the building. The Board agreed to remove this item from the Draft Warrant as it merits attention from a full town meeting.
6. Conservation Commission Agent (revolving account)
The revolving account balance is getting low. Melissa provided an emergency update and said that the Accountant recommended that the Town create a new wages account.
7. Hume Litigation costs
Town Counsel has estimated the cost of continuing litigation of the Hume v. Monterey suit before the Massachusetts Supreme Judicial Court at $30,000.Since the Building Commissioner has started using the time clock web program, it has become apparent that he is working more hours than he was previously putting down for and being paid for.
8. Transfer $1500 from Clerk office supplies to election worker wages: Marie estimates that this amount will cover the Special Town Meeting, Annual Town Meeting and May town election. The election worker wages account currently has only $120 remaining.
9. Rescind library unissued loan balance
The library project is completed this would serve to keep the town’s credit rating strong.
10. Rescind unissued loan balance for truck purchase: This may or may not be needed, but would zero the balance for this unused loan authorization if necessary.
- Town Administrator items
- Additional requirements to proceed with Community Center pavilion proposal
Plumbing and gas inspector Bob Krupski has been in communication with the Select Board, and is not yet clear whether additional restrooms will need to be installed at the community center if the pavilion is constructed. The Select Board discussed whether or not restrooms would be necessary or if porta potties could be used when large crowds are gathering. Melissa checked with Don Torrico who referred them to Bob. Melissa said that the quote for engineered plans came in at $15,500 from Foresight. This information will be reviewed at the next meeting.
- Transferring Office Assistant duties to the Select Board secretary temporarily
Melissa presented a request to temporarily assign minute taking duties to the Select Board secretary, including taking minutes for the Planning Board, the Finance Committee, and the Parks Department. Justin moved that for the time being the Select Board secretary take on the position of completing minutes for the Finance Committee, Planning Board, and the Parks Commission, in addition to possibly assisting the Building Commissioner if determined a need by the Town Administrator and Building Commissioner. Justin called a vote
Susan- yes, Scott- yes, Justin, yes.
- Sign Massworks contract documents
The Select Board reviewed the Massworks contract documents.
Justin moved to accept the contract for Massworks for Beartown Rd.
Justin called a vote- Susan- yes, Scott- yes, Justin- yes.
- Police detail policy
The Select Board reviewed the proposed Police detail policy. Justin moved to approve the Police detail policy. Susan seconded.
Justin called a vote- Susan- yes, Scott- yes, Justin- yes.
- Part time Police Officer Appointment: Matt Mercier
Justin moved to appoint Matt Mercier as a part- time Police Officer for a probationary period of one year. Justin called a vote: Susan- yes, Scott- yes, Justin- yes.
- Conservation Commission reappointment: Tim Lovett
This item was tabled due to item not being properly posted for this meeting, it will be taken up at the next meeting of the Board. The position is for a 6- month appointment.
- Consider $500 from Select Board expenses to pay for insurance for the pond hockey tournament at Lake Buel.
The Select Board discussed the event and decided to let the Parks Commission cover the expense for the hockey tournament at Lake Buel.
Correspondence, minutes, public comment
- Review mail & correspondence
None listed
- Approve minutes of 12/14/22
The Select Board reviewed the minutes from 12/14/22.Justin moved to approve minutes from 12/14/22 as amended, Susan seconded; Justin called a vote Susan- yes, Justin- yes; Scott abstained.
- Unanticipated business
Steve Moore emailed Susan to ask if a Select Board member would be able to write something about the current Town Clerk situation and the Warrant. Susan will write an article about the Town Clerk transition and Justin will put in a notice about the Special Town Meeting Warrant.
- Comments & questions from the public
Micky Jervas asked if the Town Highway Crew could plow the post office and in front of the store to icy conditions. The Select Board said that the Town Highway Crew was unable to do this due to it being private property.
Motion to adjourn
Justin called a vote- Susan- yes, Scott- yes, Justin- yes.
Meeting adjourned at: 8:52pm
Documents used at the Meeting
- Draft Scope of Services for Beacon Integrated Solutions
- Draft Special Town Meeting Warrant
- Massworks contract documents
- Draft Police detail policy
- Draft Police Chief contract