Select Board Meeting Minutes 1.26.22

Minutes of the meeting of 1/26/22

Meeting Opened at: 6pm

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

Select Board Members present absent: John Weingold

Also present: Hillel Maximon, Mickey Jervas, Shawn Tryon

Also present remotely: Don Coburn, Susan Cooper, Jon Sylbert, Paula Hartstein, Janet Jensen, Jon Levin, Jeff Zimmerman

Items discussed:

1. Investigator’s summary of charges and request for additional funds:  Steve reported that the itemized list requested was complied with late Monday night.  Due to the late nature of receiving the itemized list, Steve spoke with Counsel as it was in front of the Finance Committee last night and the matter was time sensitive. Counsel confirmed that the discussion needs to take place in executive session since the names of those accused may be mentioned.  Steve made a motion to have an executive session under item 1 of the 10 allowed reasons next Wed at 5pm allowing all parties to be notified.  Justin seconded for the purpose of discussion.  Justin stated that he doesn’t understand why it would require an executive session to approve more monies.  He would like to see the Board request the necessary monies.  Steve explained that the itemized list does not correspond to what he believes the investigator was engaged to do and therefore the investigator charging the town by calling in certain individuals and not others that are mentioned in the complaints.  Steve would like to invite the investigator to the executive session to ask these specific questions.  The email from the investigator also stated they had one more interview to be had and they were done. Steve said that he can point out 3 other individuals not listed as being interviewed that are key to the investigation.  Justin thought the purpose of bringing in someone from the outside was to have someone impartial and for the Board to not direct the investigation.  Steve stated that 2 out of the 3 people named in the complaints are not listed as having been interviewed.  Mickey Jervas asked if the Finance Committee has been made privy to the list of names, Steve reported yes the Chair was; she is bothered by that.  Don Coburn felt that who the investigators interview is separate from a request for additional funding and the Board needs to straighten out first is there going to need to be more interviews than they planned which will likely require more monies.  The approval/disapproval of the reserve fund transfer would be in public session.  Shawn Tryon stated he is directly involved and he knows of one other person directly involved who also has not been contacted and questioned by the Investigator. He asked the Board how a final report can be written without being given the opportunity to defend himself. Shawn stated it feels like a modern day lynching.  Hillel Maximon stated this felt the process was being mismanaged.  Steve explained that in some cases both attorneys were performing the questioning which ran up the numbers significantly ($600/hr).  Hillel questioned why 2 attorneys were needed. Steve responded that is one of the questions he has.  Susan Cooper agrees with Don that an email should be sent instead asking the questions there are about the investigation.  Steve is not comfortable with emailing in the current climate when confidential emails are being shared.  He feels strongly that since the Finance Committee holds the purse strings they need to be a part of the executive session to be comfortable with why the additional funds are necessary.  Justin disagrees with Steve’s assessment of the investigation to date.  Shawn asked Justin to explain how someone directly involved cannot be interviewed (himself).  Steve stressed that on advice of counsel he stated the communications discussed tonight must take place in executive session and he encouraged Justin to call counsel himself.  John Levin suggested that the issues of the Investigation and its funding are being conflated by the Selectboard.  He suggested that only the Selectboard convene the Executive Session. Steve stated that he is fine with that suggestion. The motion was amended to have the Selectboard meet with the investigator in executive session next Wed at noon to discuss the scope with parties involved being invited and postpone the meeting with the Finance Committee to a later date.  The motion was seconded and approved 2 – 0.
2. Town Administrator Items:
   1. Senior transportation Inter-Municipal Agreement renewal: The Council on Aging has approved the amendments in the renewal.  A motion was made to approve the agreement.  The motion was seconded and approved 2 – 0.
   2. Chapter 90 project closeout:  A motion was made to approve and sign the Chapter 90 close out for the road management software.  The motion was seconded and approved 2 – 0.
3. Steve requested permission to contact counsel via email to discuss possible uses for American Rescue Plan Act (ARPA) funds.  Steve understands that the ARPA fund is to offset negative impacts due to COVID. Steve stated if it were up to him he would just write everyone in town a check, since all taxpayers were negatively impacted by Covid, but we can’t.  He would like guidance from counsel to see if we can use the funds to offset certain budget items requested for FY23 (specifically departments that have seen a rise in operations/wages due to increased responsibilities).  Justin was in support of this.  He asked if Steve would also ask if the funds could be used for a public health nurse position to assist the elderly and wire or pay for broadband at a non-profit like Gould Farm.
4. Justin asked the Board to consider holiday pay for unbenefited employees.  Justin has been doing additional research and would like board’s input on if the general direction he’s looking is supported.  He read his proposed policy.  Justin would recuse himself when/if the policy discussion turned to the library director or the community center staff.  Mickey Jervas said that as far as the library staff is concerned there is only one staff member scheduled per day and this year the employee that works Thursdays was hit hard with the 2 holidays in November.  Justin suggested that we also need to budget money to redo the current employee manual as it needs a lot of updating.  Justin will continue to try to flesh it out.  Steve is open to it if it doesn’t cause a problem amongst departments and is not a huge budget hit on the town.  Steve suggested Justin work with Melissa on this. 
5. Justin asked the Board to consider formation of a Transfer Station Committee.  Justin will be meeting with Melissa and Jim next week to discuss a citizen committee on how best to proceed with the transfer station operations and staffing.  Justin read his proposed mission for the committee.  Steve was concerned that the committee and their analysis will take 8 months or more and the board needs to make some more immediate.  Steve stated that committees are not a panacea for all challenges. He used the design of town hall as an example of how committees can often mess up a project. Steve would like to talk more about this on next week’s agenda. 
6. Review mail and any correspondence to be sent/signed:
   1. January 14 email from Jon Sylbert, subject: Notice regarding Monterey Citizen Petitions.  Steve didn’t think it should be read but could be made available to the public.  Justin asked if he could to read it, Steve relented.  Steve noted that the citizen petitions were certified by the Clerk at the end of October/beginning of November.  The petitions were also given to Town Counsel and, the moderator at the same time.  All agreed to move forward and it was discussed and voted upon by the voters at town meeting.  The petitions have followed all the processes. Steve pointed to the email from Jon Sylbert 2 + months later who is not an attorney, a moderator or the town clerk, accusing all parties of having made a mistake including all who voted on or for it.  Steve said his answer to Mr. Sylbert is that this matter has already been looked at by several professional parties, thank you for your interest in this event and suggest that he focus on current events.  Justin feels that it should be sent to counsel to avoid any further, possible delays to the senate since it Sylbert is likely to be sent to Smitty and Senator Hinds.  Steve also pointed out that just because someone says this happened doesn’t actually make it so.  Susan pointed out that it seems moot because it was edited on the floor and that is not unusual; what was on the petitions was what got the residents to town meeting.  Steve repeated several times that this has already been vetted by the Town Clerk, the Town Moderator and Town Counsel and because Jon Sylbert is unhappy and maybe afraid that he and John Weingold are going to be recalled doesn’t mean that the Board has to jump on it.  Hillel Maximon recalled that there were only four people who solicited signatures:  Shawn Tryon, Ellen Coburn, Kenn Basler, and himself. He stated that all four of them have unshakeable memories of having the Recall By-Law petition attached to the signature sheet as people signed.   
7. Comments & questions from the public: none

A motion was made and unanimously approved to adjourn the meeting at: 7:35pm

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. Senior Transportation Inter-Municipal Agreement Draft
2. Chapter 90 closeout request
3. Draft holiday policy
4. Jon Sylbert email
5. Hillel Maximon letter