Select Board Meeting Minutes 1/5/22

Minutes of the meeting of 1/5/22

Meeting Opened at: 6pm

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

Select Board Members absent: John Weingold

Also present: Jim Hunt

Also present remotely: Don Coburn, Kevin West, Hillel Maximon

6pm: Old Business

1. A motion was made to approve the minutes of 10/6/21 as edited.  The motion was seconded and approved 2-0.

New Business

1. Town Administrator Items:
   1. Award tandem axle bid:  A motion was made to accept the single bid from New England Kenworth in the amount of $165,851.  The motion was seconded and approved 2-0 and the contract was signed.
   2. Jim Hunt asked to acknowledge the hard work by the new foreman Pete Wilson during this past week while the crew was short due to several staff illnesses.
   3. The Board was provided with a copy of the American Rescue Plan Act survey results.  The results were briefly reviewed.  Steve suggested that since the largest response for use of the funds was for infrastructure/broadband we find out from Fiber Connect how much it would be above the grant funds to get Monterey as close to 100% covered as possible. Justin noted that most frequent suggestions were broadband, affordable housing, and constructing an outdoor space/pavilion for gathering outdoors at the community center.
2. The Board reviewed and read the relevant part of guidance received from the Division of Open Government with regard to posting names of appointments on agendas.  Guidance stated that the names of appointees should be included on the agenda posting if known 48 hours in advance of the meeting.  Appointments can be made without a name on the agenda if it is not reasonably anticipated 48 hours in advance.
3. Justin drafted a “public documents posting to Town website policy” to answer a request from June 2021Town Meeting which the Board reviewed.  Discussion ensued about the draft and possible edits.  Don Coburn suggested that the Board may not be able to create a policy giving a directive to elected Boards that do not answer to the Select Board.  It was also suggested that counsel should have a chance to review. Justin acknowledged that there isn’t any enforcement mechanism. Justin will make amendments based on tonight’s discussion and it will be reviewed again next week. 
4. Justin provided suggested edits to the approved agenda posting policy.  The Board will review the changes and revisit this next week after having time to review.
5. Steve summarized the response from counsel (who he was given permission to contact last week) with regard to the Conservation Commission’s three motions/requests.  Counsel has stated that the requested executive session should be handled under the active investigation and not by the Board in a separate meeting.  Counsel also suggested that the Commission should continue to perform their statutory functions.  Justin would like time to digest the opinion and/or contact town counsel prior to advising the Con Comm of any decisions.  A motion was made to allow Justin more time and to contact counsel with any follow-up questions he may have.  The motion was seconded and unanimously approved.
6. A motion was made to reappointment Robert Rausch and Maureen McFarland to the Historic District Study Committee through June 30, 2022.  The motion was seconded and approved 2-0.
7. A motion was made to approve the amended minutes of 12/29/21.  The motion was seconded and approved 2-0.
8. Review mail and any correspondence to be sent/signed:
   1. The Board considered the request from Michael Germain of Lake Garfield Working Group to have counsel respond to the Open Meeting Law complaint filed by John Weingold.  Steve felt that since there are now 2 complaints filed by John, it would be appropriate to allow the group seek guidance from counsel on how to properly respond.  Justin did not feel it makes sense at this point to seek counsel’s advice as it isn’t a complex legal issue, they just need to post minutes that they have fallen behind on.
   2. SPR21/3294 Public Records Appeal Determination (appeal made by Jon Sylbert): The 2^nd public records appeal made by Jon has been determined to not be appealable and therefore the state has closed the matter.
9. Comments & questions from the public:
   1. A motion was made to accept a $500 donation made to the Police Department received just today by the Town Administrator.  The motion was seconded and approved 2 – 0.
   2. A last week’s meeting the Board had asked to purchase home test kits and have staff tested daily.  Melissa Noe reported that at Monday’s Board of Health meeting the Board was unanimous in that purchasing home test kits was not an appropriate use of funds/resources.  Home test kits aren’t tracked and we would not be able to accurately monitor positive rates.  The Board of Health was also concerned with discussion of distributing them to the public without having an equitable and fair method in place.  Melissa also reported that the best bulk price through the state contract we are able to secure right now is $21.45 for a box with 2 tests.  The Board agreed to hold off on placing any orders right now and Steve was given permission to see if he could find better pricing.
   3. Lastly Melissa asked the Board to consider adding to the next agenda amending the current contacting town counsel policy to allow her to be able to freely contact them about items such as procurement, contracts, insurance and more.  The Board agreed.  She asked for permission to contact counsel on behalf of the Board of Health about mandating employees be vaccinated, inquiring as to an employee’s vaccination status and if purchasing and donating home tests to the food pantry is allowed.  The Board asked that this request be put on next week’s agenda.

A motion was made and unanimously approved to adjourn the meeting at: 7:36pm

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. Tandem axle bid
2. ARPA survey results
3. Division of Open Government guidance on posting names of appointments on agendas
4. Draft public documents posting to Town website policy
5. Draft amended agenda posting policy
6. Opinion from counsel on Con Comm’s request for an executive session
7. Request from one member of Lake Garfield Working Group to have counsel respond to Open Meeting Law complaint filed by John Weingold
8. SPR21/3294 Public Records Appeal Determination (appeal made by Jon Sylbert)