Select Board Meeting Minutes 5/4/22

Minutes of the meeting of 5/4/22

Meeting Opened at: 12pm

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

Select Board Members absent: John Weingold

Also present: Don Coburn

Also present remotely: Attorney Pollard, Susan Cooper, Tom Sawyer

The Board discussed entering executive session to meet with former counsel Jeremia Pollard to discuss legal strategy pursuant to MGL Chapter 30A Section 21 (3). Don Coburn asked if the public was entitled to know which subject matter it was in relation to.  Attorney Pollard stated it is with regard to the decision made by the courts on the Hume case and the town now has 30 days to respond. A motion was made to enter executive session for pursuant to MGL Chapter 30A Section 21 (3).  The motion was seconded and approved 2 – 0.  The Board will return to open session. The Board went into executive session at 12:05pm. The Board returned to open session at 12:37pm.

New Business

1. Town Administrator Items:
   1. Tom Sawyer, Planning Board Chair summarized the draft agreement to proceed with the Master Plan effort with Berkshire Regional Planning Commission.  This will be paid for with the $40k grant we were awarded.  Justin respects the Planning Board’s recommendation, but he wanted a chance to review the document before signing off on it as he just received it a few hours before the meeting and has not been able to thoroughly review it. A motion was made to send the contract to counsel for his review and add it to next week’s agenda.  The motion was seconded and approved 2 – 0.
2. A motion was made to accept the bid at $40,200 for the 2007 Kenworth through the online site Municibid.  The motion was seconded and approved 2 – 0.
3. Follow up on Driscoll property on Main Road: Jim Hunt reported that he found it to be a relatively easy repair for the washout which his crew completed last week. Jim spoke with members of the Monterey Water Company (private) to work on a solution going forward. The trees will be taken down sometime in the month of June. The Board thanked Jim for his good work.
4. A motion was made to reappoint Dave Dempsey to the Conservation Commission through Sept 15^th 2022. The motion was seconded and approved 2 – 0.
5. A motion was made to appoint Noel Wicke to the Conservation Commission for a 3 year term through May 4^th 2025. The motion was seconded and approved 2 – 0.
6. A motion was made to appoint Kyle Pettibone and Darien Houlihan as firefighters.  The motion was seconded and approved 2 – 0.
7. The issue of counsel resigning was discussed.  KP Law has agreed to stay through the end of May or until a new counsel is hired, whichever comes first.  Steve noted that two firms have submitted proposals, one from Attorney Kopelman and the other from Miyares and Harrington.  Justin would like to wait until the new Board is in place to make any decisions on new counsel.  A motion was made to table this to a future meeting in May. The motion was seconded.  Susan Cooper inquired if anyone has reached out to Stockbridge to inquire about their experience with Miyares and Harrington.  Melissa Noe will do that and will set up interviews for the 18^th.  The motion passed 2 – 0.
8. Review mail & correspondence to be sent:
   1. Public Records Determination SPR22/0805: The Supervisor of Records has determined that no violation of G.L. c.66, §10 was asserted by Mr. Sylbert in his appeal and therefore they cannot issue a determination and consider the administrative appeal closed.
9. Prepare for annual town meeting: The Board briefly discussed last minute details for this Saturday’s meeting.
10. Comments & questions from the public: none
11. A motion was made to approve the amended minutes of 4/13/22.  The motion was seconded and approved 2 – 0. The minutes of 4/27/22 will be tabled until the next meeting.  Approval of the 4/27 and 3/23/22 executive session minutes will be scheduled for a date prior to Steve’s last day on the 10^th: Monday at 3pm.
12. Steve then gave a gift to the Board; a framed Ralph Waldo Emerson writing appropriate for the Select Board.

A motion was made and unanimously approved to adjourn the meeting at: 1:14pm

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. Public Records Determination SPR22/0805
2. Noel Wicke request for appointment to the Conservation Commission
3. Master plan documents