Select Board Meeting Minutes 3/31/21

Minutes of the meeting of 3/31/21

Meeting Opened at: 4:30pm

Select Board Members Present: Donald Coburn, Chair, Steve Weisz

Select Board Members present remotely: John Weingold

Also present remotely: Jon Sylbert, Rebecca Wolin, Michele Miller, Susan Cooper, Paula, Peter Chait, Mickey Jervas

Roll call was taken.  Steve and Don present at town hall.  John present remotely.  Rebecca, Michele and Jon S all present remotely.

Items discussed:

1. Final review of operating budget and special articles and the line items that the Finance Committee and Select Board currently do not agree on.
   1. Town Administrator, Administrative Assistant and associated line items: Don asked for clarification as he is confused about the position and rationale the majority of the Finance Committee has taken.  Don explained that if the Finance Committee leaves their recommendation, it will cost the town an extra $45k/year. Rebecca stated that in her opinion legally the SB could only hire a part time town administrator and instead hired a full time town administrator. Steve explained that hiring is strictly within the purview of the Select Board and confirmed that the part time Town Administrator responsibilities were added to an existing full time position.  Michele couldn’t understand the opposition as there is a person doing the job, it is working so why would we change it.  Jon S added that this is not about a person it is about getting what is in the best interest of the town, he feels that if we are hiring a full time town administrator then we need to advertise and interview for full time.  It was agreed that this would not be resolved tonight so it was time to move on.
   2. Fire Department Compensation: The Finance Committee has lowered the requested amount by another $5k to assist them with keeping the entire budget below a 3.5% levy increase.  Jon stated that he felt there was flexibility in this line item because the hourly pay rate could be negotiated. Melissa Noe pointed out that to meet the Finance Committee’s number this would mean cutting the firefighter’s current hourly rate. Don inquired why the Finance Committee did not have any conversations with the Fire Department before making the cuts.
   3. Highway Operations: The Finance Committee has lowered the requested amount by another $5k to assist them with keeping the entire budget below a 3.5% levy increase. Rebecca commented that this account always has money left over so it’s not a big deal to cut. Steve corrected her and reminded her that the salt & sand budget usually contains extra funds.  Steve also expressed concern about the number of completed road projects that are seeing a lot of punishment of late and may require more money and asked that the budget not be lowered.  The Finance Committee agreed.  They also agreed to return to the original amount requested with the caveat that the capital management software needs to be implemented as soon as possible.
   4. For the same reasons as stated in item ‘c’ the Finance Committee agreed to return the capital line item to the original requested amount.  Steve agreed to work with Jon on this.
   5. Library loan: Don clarified for the record that the $71k figure has never been a permanent decision for the remainder of the loan.  The Board is using this figure to keep open the option to borrow from the bond market next year (we have to keep the balance above $1million which is where the $71k figure provided by the bank came from).  Mickey argued that in doing this the town will end up paying more in the end.  Jon S informed those present that based on the Board’s reasoning he will change his vote and go with the $71k figure.  Michele concurred.  Rebecca commented that the banker is a salesman and works on a commission to which she was reminded that the banker has a fiduciary responsibility by law.
   6. Health insurance:  It was explained to the Finance Committee that if they intend to keep the Town Administrator and Administrative Assistant line items as they are currently recommending then an additional $20k will need to be added.  They understood and it was added.
   7. Bridges, roads and culverts: The Board explained that this stabilization fund is for saving money to get ahead of projects. Jon’s concern is that we don’t have a plan for these projects, he also doesn’t agree with the word bridges being used in the fund.  All bridges should be on the TIP list in Jon’s opinion. Steve agreed with Jon but reiterated the need to fund for these repairs. The Finance Committee unanimously agreed to put back in the $15k.
   8. Fire Department stabilization: The Board explained that this stabilization fund is for saving money to get ahead of fire department equipment needs (not limited to just vehicles).  The Select Board agreed to remove the money for this year.
   9. Milfoil: Jon stated that the Finance Committee is not recommending this article so it should not be on the warrant.  Jon was reminded that a citizen petition was submitted so it has to be put on.  A majority of the Select Board agreed to listing the item as a citizen petition.  Steven supports the petition.
   10. Community Center Lighting: Jon feels that the revolving fund should be used to pay for the lighting.  The Board felt that this would be a stretch to argue that a whole new outdoor lighting proposal could be defined as a contractual service to maintain or operate the Community Center (which is an allowable expense per the bylaw).  Finance Committee will add it back in but all agreed that we need more information on if the revolving funds can be used.
   11. FD Capital: Jon stated that the Finance Committee is struggling with this sensitive issue and that they feel there are quite a few things yet to be resolved.  Discussion ensued about the $32k appropriated for this year and the fact that only $21k was needed after received a lower quote for the railing job. Jon feels we need to wait until last year’s monies and how they are spent is resolved.  Don explained that only $21k of the $32k has been spent and the rest of it is still in the town coffers.  At Jon’s request Don confirmed that the remaining monies will go back to free cash at the end of the year.  Jon agreed that if that is the case he will put the $30k for capital back on the budget.
   12. Truck: Don explained that historically the town has usually borrowed for trucks.  He doesn’t feel that the FY22 residents should pay for it all up front when the truck may not be in our possession until FY23 and will be used for 15 to 20 years. The Finance Committee is proposing to purchase the truck using $100k from free cash and $100k from stabilization.  Rebecca feels that borrowing right now is irresponsible.  Michele does not have any issue with borrowing as our debt service is pretty stable.  Steve agreed that borrowing is the best way to go.
   13. Back to the Town Administrator: Jon S feels that this is fraught with problems and personally would prefer to resolve this now rather than on the town meeting floor as it involves a long time employee who we need to protect and in his opinion an unenforceable contract.  When asked if he had a proposed solution, he did not.  Don reminded everyone that the contract was vetted by town counsel. Disagreements ensued about whether the job needed to be advertised again (or at all) and if the Board was allowed to promote from within.  The discussion concluded without agreement. The Finance Committee adjourned their meeting..
2. Town Administrator items
   1. Memorial Day: Melissa will see if the school band is functional right now with COVID.
   2. Clerk request for tomorrow off was approved.
3. A motion was made to approve the 3/24/21 minutes.  It was approved 2-0 (John was not present for this meeting).
4. Review mail and correspondence to be sent/signed
   1. Rawitz Open Meeting Law determination: The Office of the Attorney General determined that the Board did not violate the open meeting law.
   2. Weingold Open Meeting Law determination:  The Office of the Attorney General determined that the Board did not violate the open meeting law by failing to discuss a topic listed on a meeting notice.  They also found that the Board’s meeting minutes are sufficiently detailed.  They did find that a quorum of members improperly deliberated via email when each responded to questions from the Collins Institute, and cc'd the other board members.  Don noted that at the time he did not believe there was a violation because they weren't deliberating but rather responding individually to questions.  However, he said he accepts the AG's analysis.
   3. John inquired about whether or not Mickey’s letter she mailed to each selectman had been discussed.  She said it didn’t have to be discussed (in fact she said that in the letter she said it didn’t even have to be read). 

A motion was made and unanimously approved to adjourn the meeting at: 6:42pm

Submitted by:

Melissa Noe, Administrative Assistant

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. Rawitz OML determination
2. Weingold OML determination
3. Draft budget