Select Board Meeting Minutes 5/17/23

Minutes of the Select Board meeting 5/17/23

Meeting Date: Wednesday May 17, 2023

Meeting Opened at 6:01 pm

Select Board members present: Justin Makuc, Susan Cooper, Frank Abbott

Also Present: Laurie McArthur (Select Board secretary), Melissa Noe, Tom Mensi, Gerard Clarin, Jim Hunt, Mickey Jervas

Also Present Remotely: Don Coburn

Meeting called to order at 6:01pm

1. Elect a Chair

Susan nominated Justin as the Chair.  Frank seconded.  Call a vote: Susan-yes, Frank-yes, Justin- abstained. 

1. Greene Park playground recommendation from Parks Commission: Miracle

Tom reported that he and Gerry had conference calls with all three companies regarding the playground project, and after a discussion and some adjustments, they returned to the Parks Commission and decided to go with Miracle.The Parks Commission supported the recommendation to go with Miracle based on the equipment choices and the information received during the conference call.Tom said that the equipment was decided upon based on a survey that was conducted within the town.Tom reported that the Parks Commission held an public forum the previous Saturday where they displayed renderings of the proposed playground and welcomed public input.Tom reported that the majority of the responses were in favor of the playground design.Tom said that the firm they are working with is aware of the septic issue.When the old equipment and wood chips are removed this will be further assessed.Tom said they will have to assess the cost of a dumpster at the time of removal.Tom said that the easiest way to remove the equipment was to demolish it.Justin reported that he had a request from someone to see if the old equipment was available for re-use.Melissa will research whether gifting or selling the equipment is legal.Justin suggested approving up to $1500 to pay for the dumpster costs.

Justin moved to approve the $88,956.31 Miracle quote proposed by the Parks Commission along with up to $1500 for a dumpster, to be paid for with ARPA funds.Susan seconded.Call a vote: Susan-yes, Frank-yes, Justin- yes.

Gerry said there has been some misinformation about the ball field.He reported that the Parks Commission has only received one quote that was lacking in specificity.Gerry said that they have a spec plan and a bid document, which will hopefully be sent out tomorrow.Gerry said that he just wants individuals to know that bid documents will be sent out and the process will be moving forward to renovate the ball field.Susan recommended that the Parks Commission write up something for the Monterey News regarding the process for the ball field.

1. Discuss regular meeting schedule: day, time, frequency

Justin discussed the current meeting schedule.  Justin proposed the Select Board meet at 1pm on the first Tuesday of the month, and at 6pm on the remaining Tuesdays.  Susan suggested meeting at 9am on Tuesdays so that it was not breaking up the day.  Justin said that 9am would work since it was only one day a month. 

Justin made a motion that the Select Board will meet at 9am on the first Tuesday of the month and at 6pm on all other Tuesdays with the possibility of skipping a week as appropriate.  Susan seconded.  Call a vote: Susan-yes, Frank-yes, Justin- yes. 

Melissa presented her request to modify the Town Administrator’s schedule to reflect the new Select Board meeting dates.

Justin moved to approve Melissa’s new schedule which would line up with the new meeting schedule.Susan seconded.Call a vote: Susan-yes, Frank-yes, Justin- yes.

1. Hauling bids: Roger Trucking and Casella

Jim said that he believed that Roger Trucking would either take the garbage to Torrington or Hudson.Susan spoke with Rhonda from Sheffield and reported that Casella only does the hauling; therefore, their circumstances differ from those of Monterey’s, and they are still operating under a three year contract.

Justin said he would like to accept a bid from a company that would be easier to work with, and his only concern with accepting Roger’s bid is that it is estimated to go over the budget that was set at Town Meeting.Justin said that in his conversation with Donna he found out that there is some flexibility and that the Board can negotiate any contract it wishes to as hauling is exempt from the usual procurement laws.He recommended approaching Roger Trucking to try to negotiate a contract based on the current budget.Melissa said that unfortunately in her conversation with Roger Trucking this would not be a possible option.

Melissa spoke of other towns who have experienced challenges.Frank said that he thought the Select Board should go with Roger Trucking as is.Justin suggested trying to negotiate signing a set contract with Roger Trucking for years two and three since Monterey would be going over budget by accepting the bid by Roger Trucking.

Susan made a motion to accept the bid from Rogers Trucking.Frank seconded. 

Melissa suggested accepting the contract for one year and then put the bid back out to see if they were able to obtain a three-year contract.

Call a vote on the motion Susan made to accept the bid from Rogers Trucking on the table: Justin-no, Susan- yes, Frank-yes.

1. Approve part time holiday pay policy, part time sick pay policy

Justin recused himself from this item.  Susan explained that currently there is no holiday or sick pay for part-time employees.  Frank inquired about what was estimated in the budget for this cost.  Susan said that it was rolled into the salaries and reported that an individual can accrue 1 hour of sick time for every 30 hours worked.  If someone has been working here for one year or less they will receive 20 hours of sick time, and if they have worked here longer, then they would receive 40 hours.  Frank made a motion to vote on approving the part-time sick pay. Susan seconded:  Call a vote: Susan-yes, Frank-yes, Justin recused. 

Susan presented the part-time holiday pay policy and reviewed the holidays included in this policy.  Susan moved to approve the part-time holiday pay policy.  Frank seconded.  Call a vote: Susan-yes, Frank-yes, Justin recused. 

1. Fire Department appointment: Rico Simeone

Frank asked about the difference between hiring and appointment.The Select Board discussed the differences.Justin said that the individual would be coming on as a new fire fighter, and the past practice has been for the Select Board to appoint all Town employees. The Board discussed whether “hiring” is more appropriate than “appointment” for these employment positions that are designed and implemented by the Town, rather than Mass General Law. The Board agreed to make the appointment as it has been the historical practice and it there are no apparent downsides. Justin moved to appoint Rico Simeone to the Fire Department for an indefinite appointment.  Susan seconded.Call a vote: Susan-yes, Frank-yes, Justin- yes.

1. Town Administrator items:
   1. Police and Fire Injured on Duty Policy Renewal

Melissa explained that if Police or Fire individuals want to add the option of life insurance while not on duty, they can purchase a $10,000 or a $25,000 plan for each of them.  Melissa shared the options for pricing to add each of the policies for individuals.  Frank made a motion to accept the $10,000 policy.  Susan seconded.  Call a vote: Susan-yes, Frank-yes, Justin recused. 

1. Memorandum of Understanding for free bike safety road signs through MASSDOT

Justin said that a memorandum of understanding was presented to the Select Board.Melissa reported that in her conversation with Jim a total of 10 signs will be obtained.Justin made a motion to accept the free bike safety signs.  Susan seconded.  Call a vote: Susan-yes, Justin-yes, Frank-yes.

1. Discuss authorizing to sign contracts

Melissa requested that to help with time management the Select Board authorize her to sign contracts or authorize the Select Board chair to sign grant contracts.  Justin said that if his signature is indicating support from the Town he believes there needs to be support from the Select Board as a whole which he is unable to solely authorize.  Susan said that if a decision needs to be made then a discussion should occur, otherwise if the Select Board had previously decided or voted upon their approval of a topic then the Chair could be authorized to sign.  Justin said that if there are no significant changes then he can sign outside of the meeting; however, if there are decisions still need to be made then he will bring it to the board. 

1. Unanticipated business

Justin said he received an email from the new Finance Committee Chair, Ilene Marcus, regarding a potential resignation from a Finance Committee member.  Justin recommended advertising the position for a period of time, not more than four weeks, then ask the Finance Committee for their opinion on any applications, and the Select Board could then vote on an appointment.  Justin said the process could take anywhere from two to five weeks depending on how long the position is advertised for, how many applications are received, and if the Finance Committee weighs in on the decision.  Justin said that he believes that a resignation needs to be officially received by the Town Clerk before the process can begin.  Frank suggested putting in his letter of resignation with a date reflective of Jeff Zimmerman’s return, which would have an official start date for a new candidate.  The Select Board discussed this idea, and suggested something be written for the Monterey News to make residents aware of the vacancy. 

Frank said that the Finance Committee would like to have a joint meeting to discuss the Capital Policy and training for zero-based budgeting.  Frank reported that Jeff Zimmerman offered to help train.  Another issue Frank brought up was to review the Town Meeting Warrant to help give the Finance Committee some direction.  asked Frank suggested having a meeting in July, and Justin said that it would be helpful to have a complete Finance Committee especially since Frank is currently on both boards. 

Justin inquired about IT.  Melissa said that she was working with someone regarding a proposal and possible contracts. 

Frank said the Community Center would like to apply for a variance due to having not enough indoor plumbing for the tent with the condition that a bathroom will be installed in the next five years.  Frank asked since they are not an elected board do they have the authority to apply for a variance or would an elected board need to complete the application.  Justin said that the Community Center operates under the Select Board and he believes a discussion would be beneficial to find out what their role is.  Susan suggested contacting Donna to see if it is possible to delegate authority to the Community Center.  Frank said that the Community Center is working on their plans and the write up.  Frank will follow up with Laurie Shaw tomorrow. 

1. Comments & questions from the public

Mickey said that the Library was requesting an in house transfer to transfer money from Maintenance into the Wages budget.  Susan asked if the funds would be needed in the maintenance fund.  Mickey said that the funds were not necessary for maintenance at that time.  Justin recused himself.  Susan moved to approve the transfer of funds.  Frank seconded:  Call a vote: Susan-yes, Frank-yes. 

1. Approve minutes of 5/11/23

The Select Board reviewed the minutes from 5/11/23.Justin made a motion to approve the minutes from 5/11/23 as amended.  Susan seconded:  Call a vote: Justin-yes, Susan-yes.  Frank abstained.

Justin made a motion that the Select Board go into executive session not to return to open session to discuss an attorney-client communication and developments in litigation against the town brought by the former Town Clerk, as a discussion in open session would have a detrimental effect on the town’s litigating position, and further invite to the executive session Town Administrator Melissa Noe and Select Board Secretary Laurie McArthur. In the executive session, the Board will also review executive session minutes to determine if public disclosure is appropriate for the following meetings: 10/4/21, 11/4/21, 11/17/21, 6/8/22, 9/21/22, and 9/28/22.

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

The Select Board entered executive session at 7:38 pm, and will not return to an open meeting.

Documents used at the meeting

1. Greene Park playground quote from Miracle
2. Hauling bids from Roger Trucking and Casella
3. Appropriation of Funds Transfers for the Library
4. Memorandum of Understanding for free bike safety road
5. Police and Fire Injured on Duty Policy Renewal
6. Part time holiday pay policy, part time sick pay policy