Select Board Meeting Minutes 2/16/22

Minutes of the meeting of 2/16/22

Meeting Opened at: 6pm

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

Select Board Members present remotely: John Weingold

Also present: Randon Ziegler, Jim Hunt, Cody Funk, Tyler Collins, Mickey Jervas, Don Coburn, Pete Wilson, Hillel Maximon

Also present remotely: Kate Lascar, Susan Cooper, Barbara Swann, Stuart and Laura, Shawn Tryon, Emily Johnson, Adam Chait, Adrian Melgar

Old Business

1. Special municipal employee status – Conservation Commission Members: Chris Blair resent a request for this status, adding that he wanted to be able to appear before the Zoning Board of Appeals as an agent.  A motion was made to designate the positon of Conservation Commission Member as special municipal employees as per MGL Chapter 268A 1(n).  The motion was seconded and approved 2 – 1 with John voting no as he feels it needs to be done per individual employee.
2. Respond to Jan 31^st Jon Sylbert Open meeting law complaint from last meeting: The Board noted that the executive session minutes should be approved later this evening during executive session however they will not be disseminated until the current investigation has been resolved.  On the chance they are not approved tonight, Steve suggested that the Board request an extension from the Open Meeting Law Division.
3. The Board reviewed and discussed counsel’s opinion on the previous Conservation Commission’s request to donate money to the Monterey Preservation Land Trust: Steve said it was his understanding that about 10 years ago the Commission collected $25k in fines for a violation near the lake and the Conservation Commission has the right to spend that as per one of the allowable uses under Chapter 40 Section 8 C.  Steve is concerned because a letter was received by Jon Sylbert regarding the Conservation Commission’s funds.  Jon signed his letter as “Finance Committee Member” and the Chair has confirmed he did not have the authority to act on their behalf. Steve also noted that Jon is the President of the Monterey Preservation Land Trust where this money is being requested to go. Steve is concerned about the conflict of interest and Jon giving a directive to spend funds for a Commission he doesn’t even sit on.  Steve feels the town should be very careful and that the monies need to be used properly and there shouldn’t be any communication from Jon Sylbert on how, when or why the monies are used.  John Weingold stated the money will be used to cut trails by a separate company on land owned by the Land Trust that the general public can use.  Justin felt that counsel’s opinion was not clear on how the money can be spent but he was clear that it cannot be spent on land that the town doesn’t own.  Justin would like to see the monies spent on a public purpose rather than just sit in a bank account.  Steve agreed with Justin that this should be put back in the hands of the Conservation Commission and they should determine how the monies should be spent without any outside influence from Jon Sylbert.  John strongly asserted that the previous Conservation Commission did the deal.  Don Coburn stated that there isn’t anything for the Board to decide as the Accountant will not pay it unless it meets the requirements she has set forth.  Justin agreed that the Board did not need to take any action on this matter, at this time.

New Business

1. A motion was made to appoint Maureen Banner to the Council on Aging for a three year term.  The motion was seconded and unanimously approved.
2. John wanted to know if the Board was going to keep conducting meetings allowing the public to just say whatever they want when they want, following no procedure at all.  John made a motion to return, back to the old ways, where public comments are not allowed during discussions, during select board business, and that they only be allowed at the end of the meetings.  Steve said that Monterey has always made it a practice to include the public and make the meetings friendly and welcoming.  The motion was not seconded and thus failed.
3. A motion was made to appoint Tamsin Trelawney-Cassity as a Library Board of Trustees until the next election.  The motion was seconded and unanimously approved.
4. Condition of the schoolhouse: The Board received an email from the Director of Operations and Police Chief regarding the condition of the school house. They reported that animals have knocked down most of the 2^nd floor ceiling, scat is everywhere and that the insulation is pulled out, amongst other things.  Jim stated that the building appears abandoned and he is sensitive to the fact that there are a lot of emotions from the public surrounding the history of the building.  He suggests that the building needs to be secured but that not a lot of money should be spent on it.  Barbara Swann provided an update on what the Historic District Study Committee is working on and expressed that they would like to see the building repaired.  John asked what the end goal was; no one responded.  A motion was made to ask the Director of Operations to bring an estimate to the Board to exterminate the property and seal it up.  The motion was seconded and approved unanimously. Jim noted this will only be a temporary solution. Justin will look into getting the building on the State register historic listing which may make emergency funds available to the town.  A motion was made to have Justin look into getting the schoolhouse on the state historical list.  The motion was seconded and approved unanimously.
5. Jim Hunt addressed an email he received from John Weingold stating that the Highway Department should be checking the dirt roads more frequently, especially on the weekends. Jim confirmed that the highway department does work weekends.  Steve expressed that board members should not craft maintenance policies for the road they live on, as a selectperson they should be acting on behalf of all the roads.  Steve said it was insulting for John to imply in his email that the highway doesn’t work weekends when in fact they work all the time, when necessary.  Jim presented a proposal for a winter road watch policy which would have the crew rotate weekly, watching the weather forecasts and if deemed necessary they would have to come in to address any issues.  The minimum call in time would be bumped up to 4 hours instead of 2 from November 1 to May 1, the on call pay would be increased to $250/month (to cover the additional wear on their vehicles and fuel), weekend rates would be time and a half and holidays would be double time from November 1 – May 1.    Steve thought the proposal was reasonable.  Mickey Jervas thanked Jim for his responsiveness and the attention to Swann Road.  Hillel Maximon read aloud a statement he prepared about how pleased he and his wife are with how well maintained the roads have been this year.  He thanked each member of the crew personally for their diligence.  Steve seconded the sentiment.  Jim appreciated the comments.  Justin requested time to review the proposal and follow up with Jim at a later date.  Justin asked if there was an estimate to pave Fairview which he knows would be the most ideal solution and would like to have an option to consider.  Jim asked to make sure everyone understood that the areas that typically fall apart on Fairview Rd have emergency vehicle access and the ability to leave by going the other direction. Jim stays in touch with all the emergency services (Police Chief, Sergeant, Fire Chief and Deputy Chief) and they review alternate routes.  John appreciated the proposal and commented that Jim was very professional.  The highway crew was given a round of applause as they left the meeting.
6. A motion was made to approve the amended minutes of 2/8/22.  The motion was seconded and approved 2 – 0 with John abstaining. A motion was made to approve the amended minutes of 2/9/22.  The motion was seconded and unanimously approved.
7. John made a suggestion that the Board should go into executive session to address Jon Sylbert’s complaints.  He is agreeable to move everything he put on the agenda and go into executive session.  A motion was made to table his items to next week.  The motion was seconded and passed 2 – 1 with Steve voting no.
8. Robert's Rules of Order Discussion:  John is once again proposing that the Board adopt Robert’s Rules of Order.  The Board reviewed the recommendations from the Massachusetts Municipal Association’s Handbook for Massachusetts Selectmen which does not advise Town’s to use Robert’s Rules because it can restrict effective participation by the members of a Board.  Not everyone is well versed in its terms, and it can be complicated.  Many actions of Boards that have adopted Robert’s Rules have been voided because of some technical non-compliance with Robert’s Rules.  Justin has proposed an alternative rules of order which was distributed just prior to the meeting and will be discussed next week.
9. Budget review: The Board discussed which items they would like to review further; anyone that has asked for new positions, milfoil, use of free cash, stabilization accounts.  Justin inquired about the scheduling of joint meetings with the Finance Committee; Melissa let him know that they are meeting alone on the 22^nd and then March 1 will be a joint meeting.  The process to date for meeting with departments was discussed.  John stated he felt the process to date has not been transparent and were all improper.  When asked if he was at all familiar with the process in other towns with Administrators and how we aren’t doing it any different he replied yes he was.  Melissa pointed out that John does not know or understand what goes on here because he doesn’t put the time in and only focuses on causing trouble. John Weingold made a motion to terminate Town Administrator, Melissa Noe.  The motion was not seconded and therefore failed.
10. The Board reviewed the opinion from counsel addressing why the clerk office hours not being kept item was not on tonight’s agenda. Steve confirmed counsels determination that the discussion needs to be in open session and will be placed on next week’s agenda.  There shouldn’t be any discussion on anything else involving any part of the ongoing investigation.
11. Comments & questions from the public
    1. Melissa Noe requested permission to contact counsel about an issue Jon Sylbert has raised with the Council on Aging emailing him.
    2. Don Coburn asked that the Board consider financing the truck that is proposed rather than using free cash so that more free cash can be used toward paying down the library loan or reducing the tax rate.  He also suggested that the Board should really decide on a policy for stabilization; what the balance should be, what types of expenditures it should cover, etc.
12. A motion was made to go into executive session to review and consider approval of the following sets of Executive Session minutes: 7/21, 10/4, 11/4, 11/17, 2/2.  The motion was seconded and unanimously approved.  The Board confirmed it will not return to open session.  Roll call: Steve, yes, Justin, yes and John yes.  The Board entered executive session at 8:08pm.

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. Chris Blair request for Special Municipal Employee status for Conservation Commission
2. Counsel opinion on Conservation request to spend funds
3. John Weingold email to highway and highway proposal for Winter Road Watch Proposal for Weekends and Holidays
4. Hillel Maximon statement
5. Opinion from counsel on clerk office hours not being kept