Select Board Meeting Minutes 3/12/24

Select Board

Minutes of the meeting of 3/12/24

Meeting Opened at: 5:31pm

Select Board Members Present: Justin Makuc, Chair, Susan Cooper, and Frank Abbott

Location: Town Hall and Remote via GoToMeeting

Also present: Roger McDonald, Town Clerk Chris Andrews, Jeff Zimmerman, Mickey Jervas, Roger Tryon

Also present remotely: Nancy Kleban, Ilene Marcus

Items discussed:

1. Call to order 5:32 pm

1. Justin welcomed Town Clerk Chris Andrews. The first order of business was to sign the loan documents for the medical rescue vehicle and then have Chris (TC) stamp his seal on the documents. The purchase was approved at the Annual Town Meeting in May 2023. Susan asked if we need to make a principal payment this fiscal year. Justin responded that the first interest payment on the $129,000 loan will be due October 30^th and the note was for 4.9%. Select Board members signed the documents.

1. Town Clerk Chris Andrew update – the election went well, and we had over 200 voters. The election has been certified by the state. The election workers did a good job. Chris still needs to do a town certification that is separate of the state certification and update his voters list.

Chris said that some of his other duties are behind because of the time it took to prepare and run the election. He would like to work an additional 5 hours, for a total of 15 hours per week, in the month of March. Susan asked that he track his hours and that he differentiates between regular TC duties and election work.

Justin asked that by April 1 Chris look at the hours in next year’s budget and come back to the Select Board by or on April 1^st with recommendations. Justin commented that the hours that are in the tentative budget were done in December. He also said there are 100 extra hours in the budget and that may not be enough. Chris commented that we might want to consider in the future an Assistant Town Clerk. He said it’s not necessary at this point, but it’s a good idea and would be helpful because of all the crucial functions of the position.

Justin suggested to Chris talk to other town clerks and see what they do. He commented if we need to, we could post for an assistant town clerk position. However, we would need to budget for that.

The Board agreed to have Chris work 15 hours per week for the rest of the fiscal year.

1. Earth removal permit was tabled to next week. No paperwork.

1. Fire House Lease. Frank commented he had forwarded an email from Kevin West about the Monterey Fire Company’s request for a long-term lease agreement. Frank commented that we may be at an impasse. Frank handed out documents outlining what had transpired. Frank said what he would like to see is a one-year contract and that the dollars set aside in previous warrants could go for capital building improvements and there would be a simple form for reimbursements. Frank would like to get the lease done and then have follow-up meetings to discuss their needs, negotiate a long-term lease and have transparency and a partnership. The email from Kevin was asking for 1^st year lease of $63,000 plus the $90,000 in monies set aside for capital improvements in past warrants, 2^nd year lease payment of $111,000 and the 3^rd year lease payment of $149,960. Susan asked if these additional dollars would be used for capital improvements. Frank said yes, but he thinks capital payments and lease payments should be separate. Frank read from an email Town Counsel had sent and, in the email, it said that the capital improvements for the Fire Company should be voted on by residents.

1. Roger McDonald – nominating him for the Renewable Energy Group. Susan asked whether a Town Administrator can be on a committee and if so if they are acting as a TA or a citizen? It was pointed out that the former TA sat on advisory committees. Justin commented he didn’t see it as a problem, but it should be run by the state ethics commission and that this appointment would put the group back to five people. Roger commented they will be losing another member at the end of June. Susan nominated Roger McDonald to the Renewable Energy Group to a term that would expire June 30, 2025. Frank seconded the motion and there was no further discussion or questions. The vote was 3 to 0 for the nomination.

1. Town Administrator – Justin discussed a letter that would go to the former TA. Points of the letter – thanked the individual for their time with town and wish them well in their future endeavors.  The Select Board viewed the TA email as a letter of resignation, we did not terminate the individual.  The Select Board assured Ms. Noe that she would receive all the monies she is due and that Health Insurance would be properly administered as well. The SB signed the letter.

Susan asked about passwords and Justin said there had not been any progress and he would work on it.  Justin said he spoke to Sara, the Treasurer, about payroll being handled. Justin was hoping Roger would start soon and would like him to follow up with the different department heads to make sure invoices are processed. Susan and Justin discussed the background check on Roger – it was noted it was critical to have that completed. Collins Center is working on it.

Susan reported that Seth Jenkins of Berkshire Regional Planning offered to help us find temporary administrative help should we need it. SB spoke about using Nancy Kleban as an office assistant. Nancy had sent an email to the board members volunteering to help in the transition. Justin spoke with Nany and she has agreed volunteer and is available immediately. Justin nominated Nancy Kleban to be a volunteer office assistant for a month and Frank seconded  the nomination. No further discussion or questions and the vote was 3 to 0 for the nomination.

Justin is working with Town Counsel on completing a TA contract. Justin recommended getting Roger started as a TA and having him start at an hourly rate until the contract is signed by both parties. Justin recommended setting a time limit of 45 days to complete the contract. The hourly rate would be $38 an hour based on a 40-hour week and Roger accepted. Susan asked when the probationary period would start. Justin said that will start with the formal contract. Justin moved to appoint Roger McDonald as temporary Town Administrator immediately until an employment contract is finalized or for a term of 45 days, whichever comes first, at a pay rate of $38 per hour for up to 40 hours per week and with all the regular benefits offered to full time employees according to the Town of Monterey Employee handbook. Susan seconded the motion. There were no questions or further discussion, and the vote by the SB was 3-to-0 to appoint to appoint Roger McDonald as the Town Administrator.

Ilene Marcus – offered to help with an office handbook. She pointed out that we need to document different processes for office work, procedures, and passwords. Recommended would do it now versus coming back to do it.

It was agreed that Justin would take point on the Town Administrator transition because Frank and Susan will be out of town.

1. Annual Town Meeting Warrant – Justin drafted the warrant and he noted he forgot the fire truck. Frank spoke about the need to change the wording on the previous year’s capital improvements warrants for the Monterey Fire Company. Frank said he would write an email to Town Counsel asking for wording and would copy Justin on the email. Justin was looking for feedback on the warrant, and noted he included the debt chart.

1. Budget – Spoke about filling the vacant Finance Committee slot. Susan suggested that we could wait for the election in May. Everyone agreed we need to get the word out for the position.

General discussion about debt and loans; especially the payment process for loans.  Susan suggested we should look at another financial institution for advice; one that is familiar with municipalities’ finances. Part of the discussion was centered on working the debt payment structure and having the minimum payment knowing you could pay more than the minimum. Susan cited the tandem axle truck as an example.

Jeff commented that there is too much ambiguity in the way financing is done now. Loan information needs clarity – supports the idea of getting another banker and suggests we reach out to other towns on how they do their financing. Justin suggested we assign someone to look at the financing issue in the next few weeks. How does debt service work? Ilene volunteered to take it on and will reach out DLS for advice. Justin volunteer to work with Ilene on debt services options.

Mickey Jervas noted that there is missing information about loans, including balance due, interest, original principal, and questioned why some loans would not allow us to pay it down early. What are the rules?

Justin – suggested we should have a cover letter with the warrant. Information about the debt and loans would be in the letter. Ilene suggested that debt service could be explained in more detail at the Finance Committee (briefing) presentation.  Justin noted the most recent draft of the budget has the additional principal payments and reviewed the additional principal numbers.

Justin explained to Finance Committee members about the Town Counsel discussion earlier in the meeting and the need for additional hours because of the elections.

Office Assistant wages/hours – Currently we have approximately $13,000 in the budget.  Roger can start to get a sense of how the hours would be used and we can change it later if needed. The Administrative Assistant and Office Secretary lines were combined.

Annual Audit – discussed how it would be captured in the budget.

IT – Roger explained IT options. Roger had talked to CSS Ventures, and they are quoting $27,500. IT work would be done step by step. Ilene suggested that we reach out to DLS for their assistance with IT issues/work.

Fire Department –Susan agreed to would work with the Fire Department on the compensation issues. Looking at compensation for the Chief, Assistant Fire Chief and two captains. There was a discussion about stipends. Health Care as compensation has been removed as an option. Frank will continue to work on the lease agreement with the Fire Company.

Justin will work on the health care budget. The Board is looking at having a single health care plan as a cushion in case an enrolled employee changes plans or turnover increases the number enrolled employees.

Annual Town Meeting Warrant – Susan questioned the wording in the Recall Election Article in section 2, and the Board agreed to have Town Counsel look at the wording of this section.

Discussed the number of Conversation Commission members – changing the number of board members from 7 to 5 to allow for easier quorum. The Board agreed to drop the number to 5 members.

Discussed the Lake Garfield warrant – do we, the Town, own the beach. Would the town be in the tax district? Currently the town does not pay property tax on the property the town owns. Would this change if Lake Garfield were a separate tax district?   Susan suggested someone from Garfield working group author an article about the proposed Lake Garfield tax district for the Monterey News.

Minutes – 2/27/24 – discussed changes/edits and voted 3 to 0 to approve the minutes with changes.

Agreed to come back to 3/6/24 minutes later.

No questions or comments from the public.

A motion was made to enter Executive Session under purpose 2, to conduct strategy sessions in preparation for contract negotiations with nonunion personnel (the Town Administrator), and to approve 3/7/24 executive session minutes, and not to reconvene in open meeting after the conclusion of the executive session. The motion was seconded and voted on: Frank – yes, Susan – yes, Justin yes. Executive session entered at 7:39 pm.

cc: Website (www.montereyma.gov)

Select Board Members

Minutes Book

Town Clerk

Documents used at the meeting:

1. Loan documents
2. Email from Melissa Noe
3. Letter to Melissa Noe
4. Offer letter to Roger MacDonald
5. Email from Nancy Kleban
6. Draft budget
7. Draft Town Meeting Warrant
8. Frank’s summary of Firehouse lease negotiations