Select Board Meeting Minutes 2/22/23
Meeting of the Select Board
Minutes of the meeting 2/22/23
Meeting Date: Wednesday February 22, 2023
Meeting Opened at 6:00pm
Select Board members present: Justin Makuc, Chair, Susan Cooper, Scott Jenssen
Also Present: Jim Hunt, Director of Operations
Also present remotely: Laurie McArthur (SB secretary), Mickey Jervas, Melissa Noe (Town Administrator), Kyle Pierce
Call to Order 6:02pm
Old Business
- Continue discussion of Curtis Road bridge detour over Gould Road
Justin provided an update regarding the previous discussion with Jim about choosing not to pave Lovers Lane. Jim reported he received a response back from Mass DOT stating that the construction is likely to begin in the spring of 2025. The project will go out to bid in the fall of 2024. The detour stop light will not need to be budgeted for until FY25.
Scott inquired about $8500 for a weather station subscription. Jim said that the current system uses three monitoring stations on Route 23, which require hosting and maintenance. Jim said that this money helps to utilize cameras to see the road surfaces and to monitor various temperatures, precipitation, dew point, and other factors required to help maintain the roads.
- Sign solar photovoltaic consulting agreement with Beacon Integrated Solutions
Justin provided an update about how Donna Brewer, Town Counsel, modified the document and what legal components she added to protect the town.Justin reported that he did file a disclosure for an appearance of conflict of interest since he is a member of the Fire Company, but that he can participate in this matter as he is not in the leadership of the private non-profit and he does not reasonably foresee this decision creating a personal financial impact.Justin moved to accept the solar photovoltaic consulting agreement with Beacon Integrated Solutions.Susan seconded.Call a vote: Scott-yes, Susan- yes, Justin- yes.
- Draft noise bylaw for Annual Town Meeting warrant
Justin drafted an unreasonable noise bylaw based on an example from Paxton, MA that Melissa provided. The Board discussed specific rules in the bylaw. Scott discussed a concern regarding how farm animal noise would factor into the bylaws. Justin discussed situations in which animal noise could violate a bylaw. Susan discussed concerns with the music category in the bylaw. Melissa reported that they have a special event permit that addresses areas such as music and parking. Justin will speak with Donna regarding the noise bylaw and what the parameters will include. Justin reported that he included modified mufflers in the noise bylaw, although they are illegal under Massachussetts law. The Board is expecting to propose the unreasonable noise bylaw for consideration at Annual Town Meeting in May 2023.
- Discuss draft revised Employee Handbook; process for review and approval.
Susan reported that she reviewed the Employee Handbook and discussed the wording of the draft with the Select Board.Justin reported that he noticed some specific concerns and he would meet with Sophia to discuss those concerns.The Select Board discussed the need for clarity, and when possible consistency, regarding who an employee reports to and which party(ies) are responsible for oversight. Justin will follow up with Sophia.
New Business
- Director of Operations request for use of Chapter 90 funds to purchase tractor loader.
The Select Board discussed the use of Chapter 90 funds to purchase the loader with Jim. Justin said he thought it would be a good idea to use Chapter 90 funds to purchase the tractor, both Scott and Susan concurred. The Select Board gave its approval for Jim to proceed with purchasing.
- Reappointment to the Local Cultural Council: Maggie Barkin
Justin confirmed with Melissa that this was a three- year appointment.Justin moved to re-appoint Maggie Barkin to the Local Cultural Council for a term of three-years.Scott seconded. Call a vote: Scott-yes, Susan- yes, Justin- yes.
- Consider a short-term rental tax
Susan explained the process: the Town would vote on the short-term rental tax; if approved at Town meeting, the state would collect the funds from the on-line rental platforms, such as Air B&B and VRBO, and the Town would receive a quarterly check from the State. Susan reported that the Planning Board claimed that taxes were not under their jurisdiction and said that she believed the Select Board oversaw making this decision. Justin said he would like to research this topic more. Melissa shared how Egremont approached the short-term rental tax. Susan clarified that Egremont’s bylaw wording is taken directly from Mass. General Law Chapter 64G, section 3D. The Select Board discussed adding this to the Town Warrant.
- Discuss private ways that negatively affect public ways and possible recourse.
Justin asked Donna about this category. Donna asked if the poor road conditions impede the ability for emergency vehicle access to residents. Susan discussed what occurred when West Rd needed to be repaired in order to remove the explosives. Susan reminded the Select Board about when damage on the private road negatively impacts or damages main roads. The Select Board will wait to hear back from Donna prior to deciding.
- Town Administrator items:
- Opioid settlement docs
Melissa requested authorization to sign for the Town. Justin moved for Melissa to sign the opioid settlement documents. No other discussion. Call a vote. Scott-yes, Susan- yes, Justin-yes
- Electric aggregation documents and authorization to sign
Melissa provided an update about the electric aggregation document and reported that it was believed the town would be able to obtain a better rate if they commit now.Justin moved for Melissa to sign the electric aggregation documents.Susan seconded.Call a vote.Scott-yes, Susan- yes, Justin-yes
- Buy recycle policy
Melissa said they need to update the buy-recycle policy in order to continue to receive the RDP funds from DEP. Justin offered one change to the policy document. Justin moved to accept the recycle policy as amended. Susan seconded. Call a vote. Scott-yes, Susan- yes, Justin-yes
- Berkshire Municipal IT Cybersecurity Project
Melissa reported that BRPC inquired if Monterey was interested in being part of the grant, and provided a detailed overview of what the grant and participation would include.BRPC will work with local municipal communities to establish a pilot regional municipal cybersecurity program.
Melissa asked if the Select Board would like to participate.Melissa reported that there is no cost to the town.The Select Board reported that they are on board with Monterey participating in the project.
Correspondence, minutes, public comment
- Review mail & correspondence
- 2/16/23 letter from Kathie Tryon re: motor vehicle noise
The Select Board discussed the letter from Kathie Tryon regarding motor vehicle noise and how this could be incorporated into the bylaw they were working on. Justin reported that he added motor vehicle noise to the unreasonable noise bylaw they are working on.
- 2/17/23 letter from Kathy Ronchi re: insurance coverage in Walker v. Monterey
Justin acknowledged that this letter was received and said that he had no questions about it, but wanted to check if other Board members had questions or concerns. No action was taken.
- Approve minutes of 2/15/23 and 2/14/23
The Select Board reviewed the minutes from 2/14/23. Justin made a motion to approve the minutes as amended. Scott seconded; call a vote: Susan-yes, Scott-yes, Justin-yes.
The Select Board reviewed the minutes from 2/15/23. Justin made a motion to approve the minutes as amended. Scott seconded; call a vote: Susan-yes, Scott-yes, Justin-yes.
- Unanticipated business
Susan said that she would like to discuss sick time for part-time employees.Susan presented the Mass law requirements, which would be 1 hour of sick time for every 30 hours worked, with a cap of 40 hours total accrued sick time.Susan suggested that the town grant part-time employees in their first year when the policy goes into effect, a bank of 20 hours starting July 1, 2023, and those who have served one year or more at that time would be granted the full 40 hour sick bank.Susan made a motion to adopt a sick time policy for part-time employees.Scott seconded: Call a vote: Susan- yes, Scott-yes.Justin recused himself due to immediate family relations being part-time employees of the Town.Melissa asked if this would be effective July 1, 2023, and Susan confirmed.
Susan provided an update on the Southern Berkshire Ambulance meeting.She reported that Southern Berkshire Ambulance is not amenable to changing the amount being requested for the ambulance.They maintain that their request amounts to a fee for service, and that we are paying to maintain their readiness to serve 24/7 with qualified personnel.She provided an update about what Gt. Barrington’s role has been with Southern Berkshire Ambulance.She reported that there will be another meeting to discuss the long term viability of this assessment method.The Select Board discussed the $50,000 request from Southern Berkshire Ambulance outlining everything that factors into the ambulance and training.The Select Board will discuss this with the Finance Committee.
Justin reported that Scott Steibel, the chair of the Board of Assessors, is requesting to speak with Town CounselThe Select Board discussed the request, and what jurisdiction the Select Board has when it comes to various issues.Susan said she believed it was the Select Board’s obligation to ask budgetary questions, and Justin agreed.Susan clarified her understanding of the issue being raised and whether the scope of work overlapped with the principal assessor’s job description.The Select Board discussed the role of the consultant.Justin recommended that they consult with Sophia regarding reasonable accommodations.The second concern that was brought to the Select Board was a possible reduction in salary for the Principal Assessor.Scott discussed his recollection of the reasoning for the possible reduction due to an inability to complete some of the job requirements.Justin moved to approve Scott’s request for consultation with Counsel.Susan seconded.Call a vote: Susan- yes, Scott-yes, Justin-yes.
- Comments & questions from the public
There were no comments or questions from the public.
Scott made a motion to adjourn the meeting at 8:03pm. Justin seconded. Call a vote: Susan-yes, Justin-yes, Scott-yes.
Documents used at the meeting:
- Buy recycle policy
- Signed solar photovoltaic consulting agreement with Beacon Integrated Solutions
- Draft unreasonable noise bylaw
- Letter from Kathie Tryon
- Letter from Kathy Ronchi
- Scott Steibel request to contact Town Counsel