Select Board Meeting Minutes 4/13/22

Minutes of the meeting of 4/13/22

Meeting Opened at: 5:30pm

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

Select Board Members absent: John Weingold

Also present: Roger Tryon, Dennis Lynch, Shawn Tryon, Mickey Jervas, Michele Miller, Hillel Maximon, Steve Moore

Also present remotely: Michele Miller, Susan Cooper, Jon Sylbert, Don Coburn, Katrina Fitzpatrick, Frank and Margaret Abbott, Scott Margol, Officer Wilson, Janet Maximon, Stuart and Laura Litwin, Debbie Slater, Paula Hartstein, Jeff and Lauren, Emily Johnson, Peter Murkett, Jeremy Rawitz

5:30: Joint meeting with Finance Committee: finalize budget and consider new requests of funds for mediation, Select Board secretary, and leadership training

1. Leadership training – Due to the cost ranging from a few thousand to tens of thousands, Justin has decided to do more research on other options that may be available.  Justin will seek out free resources or see if anyone would be interested in offering the service pro bono.  Michele stated that in her opinion it would be throwing good money after bad until there was a very clear understanding what kind of results we could expect as Michele thinks that we did not get the results expected from the investigative report.
2. Proposed new select board secretary: As this was one of the recommendations from the investigation, Justin is recommending creating a new position at 6hrs/week at $18/hr.  Discussion ensued and all agreed to add a new line item for an even $5,700.
3. The Boards discussed whether or not they should make any amendments to legal services since we have been given notice that Town Counsel is terminating services with Monterey.  All agreed to keep it as is.
4. Milfoil article – the finance committee originally voted 3 – 0 to not include it on the warrant and then voted 2 – 0 to put it back on, with some confusion over the use of ARPA funds.  Now it has been submitted as a citizen petition for $50k.  Michele noted it is a fete accompli unless the Town Meeting votes it down. The Select Board made a motion to accept the milfoil article which was seconded and approved 2 – 0.

Old Business

1. Review Human Resource proposals for handbook update and consider accepting the most responsive
   1. Justin read the proposal from Michael Harrington ($300/hr capped at $6,000).  The other proposal is from HR Knowledge is for $5,500 and the final one is from the Collins Center for $6,500.  Justin’s preference is Michael Harrington.  Steve is concerned about hiring another attorney such as the one we just ran into knowing we have a set budget amount and then saying that they need more money to finish the job as was done with the investigation.  Mr. Harrington is agreeing to a cap of $6k.  Hillel asked if anyone has checked their references.  Steve’s first choice would be the Collins Center and HR Knowledge being his second choice.  The Board agreed to invite all 3 to make a presentation at a future meeting.

New Business

1. A motion was made to sign letter of support for Municipal Vulnerability Grant which is a requirement of the grant.  The motion was seconded and approved 2 – 0.  The original match was 25% and it is now 10% because Monterey is on a list of communities that falls into an economically disadvantaged rural community.
2. Update/Recommendations from the Transfer Station Committee
   1. Keep sticker fee the same for FY23. Steve feels that it should be at least $100 and do controlled dumping without additional fees.  Justin was fine with keeping it at $75.  Hillel suggested getting rid of the stickers and giving them for free to all Monterey residents.  A motion was made to set the sticker fee at $75 for two stickers in a household, and $15 per additional sticker in the same household, for FY23.  The motion was seconded and passed 2 – 0.
   2. Moratorium on bulky waste fees until end of May to allow the committee to continue to research options the town has for charging fees for bulky waste.  The Board was not in favor of offering a moratorium on fees for bringing bulky items as they felt that we would then be inundated with larger than normal amounts.  On the basis that there are only 5 – 10 receipts per shift, Justin will not support the moratorium therefore this cannot pass with only 2 board members present.  Steve concurred.
3. Town Counsel Resignation and search for new counsel: On April 11^th the Board received a letter from KP Law letting the Board know they will only remain as counsel through Town Meeting, but not beyond that date.  Steve reported that previous counsel, Jeremia Pollard did speak with him and he has stated he would be willing to come back to work for Monterey as he knows the town and is currently still serving the town in litigation.  Steve appreciated the offer and suggested that the Board begin a search to avoid any lapse.  Justin feels that the next Select Board should decide new counsel.  Mickey suggested a search be initiated tomorrow, ask KP to extend until one week past the elections to allow the new board to review the search together and make a decision.  Justin did not see an issue if there was a lapse in coverage as we could always hire special counsel in response to a suit. Steve disagreed. Steve made a motion to hire Jeremia Pollard back at the same rate of KP Law.  The motion was not seconded and failed.  Steve stated for the record that the town had the opportunity to engage replacement counsel and did not.  Melissa will send out the proposal sent last time to see what kind of response we get.    Steve will contact KP Law to request that they extend until the end of May.
4. Review mail & correspondence to be sent:
   1. Nancy Marcus resignation from Planning Board.  Nancy was thanked for her service on the Planning Board.
   2. Request from George Cain to make April a Fair Housing Month (proclamation): Most Berkshire communities have adopted or are in the process of adopting.  A motion was made to adopt the proclamation.  The motion was seconded and approved 2 – 0.
5. A motion was made to approve the amended minutes of 4/5/22.  The motion was seconded and approved 2 – 0.  A motion was made to approve the amended minutes of 4/6/22.  The motion was seconded and approved 2 – 0.  A motion was made to approve the amended minutes of 4/11/22.  The motion was seconded and approved 2 – 0.  A motion was made to approve and release the amended minutes of 4/6/22 (executive session). The motion was seconded and approved 2 – 0.
6. Comments & questions from the public
   1.  Don Coburn thought it was a lovely moment when he and Jeremy apologized to each other at last week’s meeting and he hopes it will appear in the minutes since it did not appear on them.
   2. Don Coburn commented that to have a lapse in counsel would be very irresponsible as issues arise with boards and departments other than just the Select Board.
7.  Jeremy agrees that the apology was a real Kumbaya moment and it should be included in the minutes. The Board approved and signed the annual town meeting warrant.  It will be sent to the printer tomorrow. Steve noted that this is the second year that John Weingold did not sign the warrant.
8. The Board discussed whether they would meet next week since Steve will not be available and as of right now there are not any pending items other than approval of minutes. Steve made a motion to adjourn until the 27^th of April.  Justin disagreed with this break and did not second the motion, but acknowledged that Steve can call meetings as he pleases.

A motion was made and unanimously approved to adjourn the meeting at: 7:20pm

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. Transfer station Committee recommendation/update
2. Town counsel resignation
3. Nancy Marcus resignation
4. Fair housing month proclamation