Select Board Meeting Minutes 5/25/22

Minutes of the meeting of 5/25/22

Meeting Opened at: 6pm

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

Also present: Mickey Jervas, Don Coburn, Ellen Coburn, Bradley Lupiani, David Lupiani

Also present remotely: Janet Maximon, Sara Hunter, Shawn Tryon, Mary Makuc

Call to Order

6pm: Meet with Treasurer about former Lupiani property

The Treasurer provided the totals owed and explained that the Board can either offer the property back to the family of the former owners (vacate the final judgement, clearing the title and prior owner would take ownership) or keep it as a possession and put it to auction bundled with a number of other properties currently owned by Monterey.  If the Board chooses the latter option Sara recommends performing a perc test on some of the properties to make them more desirable.

Justin expressed that since there are not any existing town policies that address this situation that the Board make an individual decision for this property and follow up with a future policy so that the Board can act consistently as situations arise. 

Sara will follow up with how many town possessed properties we have that could be put out to auction.  Perc test costs may be able to be paid on the tax recap if we did not have the funds to do this.

The Board will wait on the additional information requested from the Treasurer prior to making any decisions.

Old Business

1. The Board reviewed the most current draft of the Select Board Code of Conduct.  A motion was made to approve the amended version of the Select Board Code of Conduct.  The motion was seconded and unanimously approved.
2. Update on KP Law bill: Attorney Riley has agreed with all of the items the Board disputed and the bill is now down to $4,420.  The Board will request an inter-departmental transfer or last case scenario a reserve fund transfer for $3003.00.
3. The Board reviewed the amended draft 10 point plan based on recommendations made by the Greene Report. Susan would like to see the word “immediate” removed from this draft; Justin agreed.  Discussion ensued about the item proposing to transfer record keeping duties from the Town Administrator and how logistically this does not make sense for a myriad of reasons. Justin will work on revamping this document to be continued to next week.
4. Greene & Hafer bill: Justin will follow up on this with new counsel.
5. Justin reached out to the caucus chairs and town clerk about setting a special election to fill Select Board vacancy. The Caucus Chairs said that as long as the 64 day minimum notice is given they arrange a caucus. The Clerk said there would not be a burden on the election workers but the Automark machine requirements may take some time.  Justin will get a more concrete answer from the Clerk. The Clerk inferred that it would be preferable to do it prior to the primary elections.  If the Board called for an election at their next meeting the earliest it could be is Tuesday, August 9^th. Justin suggested tentatively planning on August 9, 16 or 23 from 12pm – 7pm. Justin would also want to confirm with Town Counsel about how an election is officially called and residents notified since it is usually in the Town Meeting warrant.

New Business

1. Memorial Day Parade: Justin discussed the logistics for the Board to march in the parade and what will happen with the 3^rd wreath. Susan is looking into the option of borrowing a golf cart from the Hebert’s since she is unable to march.  Justin suggested appointing a local child to carry and throw the 3^rd wreath.
2. Justin has a conflict for next week’s afternoon meeting and has asked if the Board can meet at 6pm next week instead of noon. Susan agreed.
3. A motion was made to appoint Roslyn Dolber to a three year term to the Conservation Commission. The motion was seconded and unanimously approved. The Board discussed the need to fill two more immediate seats and three in September when Tim Lovett, Dave Dempsey and Chris Blair’s appointments expire.
4. Susan would like to add to a future agenda creating a formalized, written process on how people that are running for an elected office are notified that they have won or lost, how to get sworn in and any other requirements there may be since there was some confusion with the last election. Justin feels it is important for the Board to stay out of election issues, and he regrets that the Town Clerk position is appointed because it allows the Select Board to feel that they have a say over the Town Clerk’s responsibilities. Susan would normally agree but her experience for the last two years was that there was considerable uncertainty in this process. This year she contacted the Clerk via text because she wanted to be certain she could be sworn in in time for the SB meeting the next evening, and had to come in at 11:30pm to accomplish this because the Clerk was not going to be in the office the next day. Justin is not opposed to getting some clarity.  Justin also suggested that going forward maybe a Select Board meeting should not be scheduled for the day following the election to prevent the rush for a new Board member to be sworn in and complete trainings in less than a day.
5. Appointment and engagement of new Town Counsel: The Board discussed the five proposals submitted.  Both Justin and Susan called references on the four applicants.  Justin’s preference based on the interviews would be to go with Mead, Talerman and Costa and ask them to make a flat fee agreement.  Susan concurred.  A motion was made to have Justin as chair reach out to Mead, Talerman and Costa via email to engage them as counsel and come up with a flat fee arrangement excluding litigation.  The motion was seconded and unanimously approved.
6. Discussion of employee mediation process and potential mediator candidates: Susan has found two mediation groups. Susan explained that both mediators use a similar approach, with the exception that Quabbin would use two mediators.  One firm charges by the session ($200 each time with a likely maximum of two 2 sessions) and the other charges $350/hour. The mediation process is confidential but the outcome, if it resulted in a written signed agreement, would be public.  Justin would like to personally follow up with each group himself and the Board can take this up again at the next meeting. Ellen Coburn asked if the employees are agreeable to mediate; Susan replied that the first step in the process is that the mediator speaks with the parties involved to make sure all parties will agree to participate.  If any party refuses to participate there wouldn’t be any charge.
7. The Board reviewed the draft Town organizational flow chart which included amendments by Justin.  A motion was made to approve the chart as amended.  The motion was seconded and approved unanimously.
8. The Board reviewed a draft Select Board policy regarding written follow-up letters to conversations between the Select Board employees, other town boards or committees, and any other person(s) that may so require. Susan read the draft aloud. Ellen Coburn inquired as to why it says “may” to which Susan replied that a follow up may not always be warranted. Justin was concerned about the extent to which the Board would be accountable to following this. He requested a week to review and make edits.

Correspondence, minutes, public comment

1. Approve minutes of 5/18/22, 5/23/22 and 5/4/22 (executive session)
   1. A motion was made to allow Justin Makuc to approve the executive session minutes of 5/4/22 since he is the only remaining member that was in attendance at the meeting.  The motion was seconded and approved unanimously.  Justin then approved the executive session minutes of 5/4/22 but not for release to the public.
   2. Susan did not recall receiving the 5/18 & 5/23/22 and requested another week to review them. Justin agreed.
2. Review mail & correspondence to be sent:
   1. The Board discussed a follow-up letter drafted by Susan written to the Town Clerk pursuant to her conversation with the Select Board on 5/18/22.  Justin made edits during the meeting and a motion was made to send the letter as amended.  The motion was seconded and unanimously approved.
3. Comments & questions from the public
   1. Hillel Maximon expressed concern regarding the lack of internet and cell service on Beartown Mtn Rd. Justin explained that the Board has met with Fiber Connect and they will be wiring Beartown Mtn Rd as soon as all the hoops have been jumped through. Hillel said that the residents are at risk as the Verizon landline is hit or miss, cell service does not work and there is not any high speed internet. Hillel has tried his best with Verizon to improve their service. The town did sign a contract with Fiber Connect and if he is encountering difficulties the Board should be the ones to follow up with  Smitty Pignatelli, Adam Hinds, Governor Baker, Verizon or National Grid to put pressure. Susan said she would be happy to call both Smitty and Hinds but she suspects that the Town will not have any leverage to intervene on behalf of Fiber Connect with National Grid or Verizon. Hillel reminded the Board that the Governor recently held a meeting out in our neck of the woods announcing that all 351 communities were now wired up. If the Board is going to do anything they need to put pressure on the utilities. Ellen Coburn said the bottom line is the emergency access to emergency services and the unreliability of the landline, she requested if there was any way that the Police or Fire had a connection to emergency services that residents could text to.  Susan and Justin will follow up.

A motion was made and unanimously approved to adjourn the meeting at: 8:23pm

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. Select Board Code of Conduct
2. Draft 10 point plan
3. Conservation Commission appointment recommendation
4. Draft organizational chart
5. Draft Select Board policy regarding written follow-up letters