Select Board Meeting Minutes 3/8/23

Meeting of the Select Board 

Minutes of the meeting 3/8/23

Meeting Date: Wednesday March 8, 2023

Meeting Opened at 6:00pm

Select Board members present: Justin Makuc, Chair, Susan Cooper, Scott Jenssen

Also Present: Melissa Noe (Town Administrator), Laurie McArthur (SB secretary), Tom Mensi, Gerry Clarin, Laurie Shaw, Mary Makuc, Dennis Lynch, Mickey Jervas, Steve Snyder

 

Call to Order at 6:02 pm

1. 6:00pm Meeting with the Parks Commission to discuss Greene Park playground project.  

Justin reported that a third quote was received today regarding the project.  Justin confirmed that the highway department can do the demolition and disposal, reporting that there may be additional costs for the disposal.  

Justin reported that the first quote was from Miracle for $98,271.23, which did not include demolition and disposal.  O’Brien and Sons came in at $94,555.14, and Ulti Play came in today at $85,000.  Susan noted that all of these quotes are for essentially the same design.  Melissa learned today that there is a grant called the Parc grant that will reimburse 52%-70% of park and outdoor recreation things.  Melissa reported that the town is not currently eligible because they need to update their open space and recreation plan.  Susan read the description, and noted that July 13th, 2023 was the deadline for the application.  Melissa said if they can figure out the open space and recreation plan there is a possibility that the town would be eligible for grant monies to pay for the playground and/or the ballfield renovation.  Justin suggested the Parks Commission make a recommendation based on the proposals and quotes already provided.  

Laurie Shaw asked if one is using ARPA funds if they are able to utilize other grant based funds. Susan and Melissa reported that they had not seen that information.  Dennis said he believed both funding sources could be utilized since one was federal (ARPA) and the grant was a state-based fund.  Dennis reported that one can be used to match the other.  Dennis said that he believed that the Master plan would have to be adopted prior to the Town being eligible for funding.  The Master Plan could be checked out by the state prior to the release of the grant.  Susan clarified that she is unclear if the Master Plan was the same as the open space plan.  

Tom explained that the original quote was from the playground designer based on equipment requested in the parent survey.  Tom reported that the additional bids that Melissa helped them obtain were for comparable but different equipment, based on the first design.  Tom suggested that the Parks Commission provide the companies with a figure and see what options might be available with the amount provided.  

Susan said that she spent time looking at the Miracle’s website and reported that they have a wide variety of components available.  She asked if Tom had spoken with the designer to see if combining playground elements might reduce the cost of the project while still challenging our kids.  Tom said they could investigate this, and presented his conversation with Cindy regarding how children of the same age can enjoy the same playground.  Tom said he is looking at present day play concepts.  

Justin asked if the Parks commission was able to communicate further with these companies.  Gerard reported that Miracle quoted $19,500 for demolition. Melissa explained that they gave two quotes, one including demolition and one excluding demolition.  Gerard said that he would have to see the design in person and see how the playground functions.  Justin asked if the Select Board agreed that the Parks Commission can review the proposals and do any further negotiations for design and price and come back to the Select Board with the ultimate recommendation and then in the meantime Melissa could research the grant.  Susan asked if a target number would be helpful for the Parks Commission.  Susan recommended getting a good visual rendering of the proposal and giving the residents an opportunity to give feedback on both the design and the associated costs.  

Gerard said that it is difficult to really capture the design in an image.  Tom M. said the suppliers can provide them with sites where some of the equipment was so they can see it in person.  

Tom expressed concern about price increases due to the delay in making a decision.  Susan said that she did not like the original plan and felt that she was not alone.  She feels that a building project of this size deserves an opportunity for public feedback and that the Parks Commission should be open to modifications, be it for function, aesthetics or cost.  

Justin moved that the Select Board ask the Parks Commission to review the three proposals that have been received, do any further negotiations that they deem fit on the design and price, seek public input on the designs, and provide recommendations based on those negotiations and public input to the Select Board with a soft deadline of two months subject to change if the Parks Commission deems that more time is necessary or if they are able to complete that in less than two months.  Simultaneously the Town Administrator will explore the grant opportunity. Susan seconded.  

Tom asked if they came up with a figure.  Justin said that he thought it would be up to the Parks Commission.  Justin said that the original range was $88,711 to $98,271.23.  Justin said that if less money was spent then the remaining funds could be put to good use as well.  Justin suggested trying to be economical and then make a recommendation to the Select Board.  

A vote was called on the motion: Susan-yes, Scott-yes, Justin-yes.  

2. Letter from the Lake Garfield Working Group regarding Milfoil Mitigation

The Select Board received two letters, one from Steve Snyder on March 3rd, and one from Dennis Lynch yesterday.  The letters concern the Diver Assisted Suction Harvesting (DASH) that has been completed this fiscal year, what they are still expecting to complete this fiscal year, and their budget request for next year for Milfoil mitigation.  The Lake Garfield Working Group are requesting $50,000 again for milfoil mitigation in FY24. Justin noted that as there is no related revenue, a revolving fund would not be appropriate, but said that they could investigate a lake tax district as possible funding source.  

Steve noted that the tax district will not help them for this coming season.  In the past they have gone to citizens petition, and received funding approval.  Justin said that so far there has been no push back from the Finance Committee or Select Board.  Steve said that the $50,000 is for ongoing maintenance and seems to be a reasonable sum for what they are doing.  Steve that said he believed that maintaining the lake at some level is better and cheaper in the long run than skipping the DASH.  Dennis reminded the board that any funds spent on the lake project could be used as a match for future grants that relate. 

Justin asked the Board if anyone was opposed to leaving in the $50,000 for Milfoil mitigation as a special article. Susan and Scott both said they were not opposed.  

Old Business

1. Continue review of the FY24 proposed budget

a. Community Center operating budget

Justin explained that historically the Community Center operating budget has been paid for out of the Bally Gally revolving fund; however, this year the proposal is to make Community Center operating expenses a new line item of $14,270.  Justin reported that this is mostly due to  Bally Gally, which requires significant maintenance this year.  Justin said that he has been working with Melissa on revising the revolving fund table, which will need approval on the warrant.  

Justin raised the question of how to handle the revenue from the Community Center, since it will be approximately $1,000 to $2,000 per year.  We could make a separate revolving fund for the Community Center or it could go into a general fund.  If the Board wants to develop a separate revolving fund, it will need to determine an annual spending limit. 

2. Community Center pavilion project; updated requirements from Building Inspector

Justin explained a plumbing variance is currently under consideration.  Mary reported that Don Torrico, Building Inspector, is advising the Community Center on how to proceed with this.  Mary said they are planning to obtain letters from, Don, the Board of Health, and possibly the Plumbing inspector.  Mary said they are gathering the necessary information for the state plumbing inspectors.  Justin noted that both the number of parking spaces and the bathroom variance are issues that have been raised.  Mary said that she is going to the Planning Board Thursday night to try and obtain temporary relief from the parking requirements. Laurie said that they are planning to ask the state for five years to add on to the building in order to add in a second bathroom, and in the meantime to utilize porta-potties.  Laurie said that in the meantime she was hoping the town might be able to set aside the money over the course of five years to help pay for the project.  

Susan asked if there were any grant funds that could be obtained for the project.  Justin said that when the Community Center was originally built, some plans, including parking and restrooms, were neglected.  Scott said that the Town Hall also needs to be maintained in addition to other town buildings.  Scott said that there are some serious things coming in the next few years that will need to be tended to.  Justin said the Select Board will wait to hear about the plumbing variance and the parking relief. 

3. Justin discussed the budget for the Town Hall.  Justin reported that he and Melissa walked around the Town Hall and discussed several items that required repair.  The exterior needs to be painted, and there was discussion about inspecting the roof to determine if it needs repair.  Justin asked if this could be put into the budget this year.  Melissa said that if the feasibility study is conducted and they decide to add onto the Town Hall there should be a plan.  Susan said that an addition will depend on the state of the roof and the siding.  Justin said that heating, cooling, and lighting were priorities, and in terms of space, the basement may need to be repaired.  The Select Board and the Town Administrator discussed strategies to determine the best approach to completing repairs.  Scott asked about the different requests of the Town Hall, and Melissa reported that there were requests for workspaces, places to keep records, a place to eat lunch, and the Police Department would like to have their office in the basement.  Melissa recommended speaking with Jim.  

Susan said that she would require additional information to make a fully informed decision. Justin asked the Select Board about dealing with some of the routine maintenance items as they come up.  Scott said they need someone to look at the roof who will be objective, and suggested they ask the Director of Operations.  Melissa said she would ask Jim tomorrow about looking at the roof.  Justin suggested obtaining quotes on painting.  Justin suggested looking at the roof as an immediate need.  

a. Debt service forecast and options

Justin said that they have not heard back from Unibank, but they did have an update about the tandem axel money.  Melissa clarified that the $51,900 that should have been used to pay down the principle on the tandem axle loan during the last one-year note renewal was not applied due to an error. The treasurer and Melissa are going to speak with the accountant next week regarding encumbering those funds instead of returning them to free cash.  We then apply the encumbered funds to principle pay down on the next loan renewal. Melissa reported that if we cannot encumber the funds then they would return to free cash.  Justin asked if they could look into why the $51,700 was not applied to the tandem axle debt service.  Melissa said that as it was explained to her it was a miscommunication.  We currently owe $6,815 in interest, which is the minimum payment this year, in addition to applying the $51,700 appropriated last year. This will be discussed more next week when they hear back from Unibank.  

4. Draft unreasonable noise bylaw

Justin reported that he looked through the Town Counsels bylaws and he did not see any additional revisions.  Susan felt the Hamilton bylaw was the most appropriate for our town of those sent by Counsel.  Justin recommended using the Hamilton model to improve the one we are already working on.  This item will be discussed further next week.  

5. Discuss private ways that negatively affect public ways and possible recourse

Justin said that he reached out to Police Chief Brian Fahey, and Fire Chief Shawn Tryon and heard back from Brian.  Brian reported that he has only had two problem calls.  Brian said that the Police Department always attempts to get to the call even if they must go on foot.  Justin discussed instances where trees were overgrown or roads were not plowed where access would be difficult.  Justin asked what they could realistically do, and reported that if the emergency vehicles were unable to access the roads then this would increase the emergency response time.  Susan recommended reminding town residents who live on private ways that maintaining the roads was the responsibility of the residents and could impede the response time in the event of an emergency.  The Board discussed putting a Select Board letter in the Monterey News, as well as a possible mailing to residents of private ways.  Susan will re-draft the letter to reflect the discussion tonight.  Mickey suggested including reminding residents about tree removal to help with access.  

New Business

6. Town Clerk appointment: Christopher Andrews

Melissa reported that Marie will continue to remain the interim Town Clerk at least until after the May Town Meeting and town election.  Melissa reported that Chris will technically be the Assistant Town Clerk until Marie’s departure date, as the Town can only have one official Clerk.  Scott asked if any of the Select Board members have met the new Town Clerk.  Susan noted that Marie and Melissa interviewed five candidates and recommended Mr. Andrews.  

 

Justin moved Board to appoint Christopher Andrews as the Assistant Town Clerk as an indefinite appointment. Susan asked if any of the Board members wanted to meet with Chris prior to appointment.  Susan reported that none of the applicants had either municipal or clerk experience.  Scott asked if Mr. Shaw had applied, and Melissa reported that Mr. Shaw was not interested in the position.  Scott seconded the motion.  Susan clarified the process of how the appointment would work after Marie stepped down from the Town Clerk position, with Mr. Andrews becoming Town Clerk at that point.  

Mickey asked how the appointed individual would be trained since he has no experience.  Melissa explained that there are four trainings run by the state each year, and that he will work closely with Marie during the next few months.   

Justin called a vote: Scott-yes, Susan-yes, Justin-yes.  

The Select Board agreed to start Mr. Andrews at $24 per hour, with the possibility of an increase when he becomes the Town Clerk, or as his training progresses.  Melissa said she would amend the budget to reflect the pay, and said that this could include additional hours.  Susan said they need to make sure they ensure the budget allots for additional hours for training and professional development.  

Justin made a motion to start the new Town Clerk at a rate of $24 per hour

Susan seconded.  Call a vote Justin-yes, Scott-yes, Susan-yes.  

7. Solar Consulting Agreement; Renewable Energy Working Group to serve as Steering Committee

Justin provided an update about how the Steering committee would be another appointed committee in addition to Renewable Energy Working Group.  Justin reported that Peter Murkett believed that the Renewable Energy Working Group could serve as the Steering Committee and an additional committee does not need to be appointed.  

8. Contact Counsel request for Human Resources to speak with Donna regarding the earned sick time policy for part-time employees.

Susan requested that HR be able to speak with Town Counsel regarding the sick time policy for part-time employees.  Susan- yes, Scott-yes; Justin recused himself.  

9. Town Administrator items:

a. Highway 4 vacancy

Melissa reported that the Highway 4 has a recent opening due to notice having been given.  Melissa reported that they have received two applications because Jim put something on Facebook, but Melissa reported that she wanted to speak with the Select Board prior to placing an ad.  

b. Fortune teller licenses

Justin moved to set fortune teller licenses at $2.00.  Susan seconded.  Call a vote: Susan-yes, Justin-yes, Scott-yes.  

c. Melissa reported that the snow and ice overtime budget will be going over during the next payroll, so she requested the Select Board declare a snow emergency.  Scott moved to declare a snow emergency 

Susan seconded.  Call a vote: Susan-yes, Justin-yes, Scott-yes

d. Melissa spoke with the Conservation Commission regarding the ball field.  Melissa reported that it is possible the Con Com funds could be used for the both the ball field repair and the Brewer Pond walking trail.  Melissa reported that Con Com has to approve the use of the funds.  The fund has approximately $40,000 resulting from a fine on Eaton Rd.  

Correspondence, minutes, public comment

1. Review mail & correspondence

a. Republican Town Caucus Call

Justin reported that this is a formality, and they are being notified that it is on Saturday March 11, 2023 at 1:30pm at the Monterey Library.  

2. Approve minutes of 2/22/23, 2/28/23, 3/1/23

The Select Board reviewed the minutes from 2/22/23. Justin made a motion to approve the minutes from 2/22/23 as amended. Susan seconded.  Call a vote: Susan-yes, Scott-yes, Justin-yes.

The Select Board reviewed the minutes from 2/28/23.  Justin made a motion to approve the minutes from 2/28/23 as amended. Justin made a motion to approve the minutes from 2/28/23 as amended. Susan seconded.  Call a vote: Susan-yes, Justin-yes.  Scott abstained

The Select Board reviewed the minutes from 3/1/23.  Susan clarified that the minutes should reflect what occurred in the meeting in the order that it occurred during said meeting.  Justin made a motion to approve the minutes from 3/1/23 as amended. Justin made a motion to approve the minutes from 3/1/23 as amended. Susan seconded.  Call a vote: Susan-yes, Scott-yes, Justin-yes.

3. Unanticipated business

Justin reported that the Southern Berkshire Ambulance was holding another meeting on Tuesday March 14th at 6:00pm.  Susan said that she was planning to go and wanted to discuss alternative sources of income.  Susan said that some of the towns have significant income coming from commercial enterprises, which are paying commercial taxes.  Susan said that most of the calls may come from Nursing Homes, Butternut, or other places of business.  Susan was looking at how some of the towns’ revenue streams differ from Monterey’s revenue.  Southern Berkshire Ambulance views the charges as a fee for service.  Justin said that he believed we would be paying more than we should, but that the $50,000 is still cheap for the services we are receiving.  

4. Comments & questions from the public

There were no comments or questions from the public

Susan suggested extending an invitation to the Planning Board to bring the Select Board up to date on rectifying the year round camp related error in the Zoning Bylaws.  Justin will ask them to attend.  

Susan said she had an appointment with State Rep. Smitty Pignatelli in approximately two weeks to discuss housing issues in South.  

Justin made a motion to adjourn the Select Board meeting.  

Scott seconded; Call a vote: Susan-yes, Scott-yes, Justin-yes.  

Documents used at the meeting

1. Playground proposals from Miracle, O’Brien & Sons, and Ulti Play

2. LGWG emails regarding milfoil mitigation from Steve Snyder and Dennis Lynch

3. Republican Town Caucus Call

4. Draft of the unreasonable noise bylaw