Select Board Meeting Minutes 6/8/22

Minutes of the meeting of 6/8/22

Meeting Opened at: 5:32pm

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

Also present: Mickey Jervas, Ellen Coburn, Mary Makuc, Laurie Shaw, Shawn Tryon, Wendy Jensen

Also present remotely: Attorney Donna Brewer, Kathy Ronchi, Dennis Lynch, Michele Miller, Peter Murkett, Kevin West

The Board opened the meeting and discussed the need to enter executive session.  Justin made a motion that the Board convene in Executive Session for the purpose of discussing potential litigation against the Town by Town Clerk Terry Walker. The Chair stated for the record that having the discussion in Open Session would have a detrimental effect on the litigating position of the Town. The executive session would include Senior Claims Representative Kathleen Ronchi and Town Counsel Donna Brewer.  The Board will reconvene in Open Session at the conclusion of the Executive Session.  Roll call was taken, Susan Cooper and Justin Makuc voted yes to go into executive session. Those present for the executive session included Board members Justin Makuc and Susan Cooper, Town Administrator Melissa Noe, Town Counsel Donna Brewer, and Senior Claims Representative Kathleen Ronchi. The Board entered executive session at 5:34pm.

The Board returned to open meeting at 5:46pm

The Board met with Town Counsel, Donna Brewer, to discuss a listening tour and potential trainings for the Town.  Donna explained that the listening tour would consist of meeting with department heads to go over upcoming issues, the town’s culture and usual way of operating. The Board will come up with a day when everyone can be available at town hall and Donna will come here to meet with everyone.

Donna’s firm offers trainings via zoom on the Open Meeting Law, Public Records Law, Ethics and Sexual Harassment. 

The Board requested guidance from Donna with regard to the Greene & Hafer bill. Donna noted that Corrine Greene called her and it is Donna’s assertion that Corrine knew the town’s maximum budget was $16k from emails sent. If the Board decides to not pay anything over the $16k Corrine would not have a basis for suing as the funds were not appropriated.  The Board may also choose to transfer funds from other accounts should they decide to pay the full amount above $16k. Susan felt given the job Greene & Hafer did there is not any reason to preserve any relationships and that given how the report was written Corrine would not likely be a beneficial witness to the town should the need arise. Susan is reticent to pay them any extra money over what was approved.  Donna can write a letter on behalf of the town informing Greene & Hafer the town will only be paying the $16k.  A motion was made to pay Greene & Hafer the total allocated funds ($16,000) and at the same time Attorney Brewer will reach out to Greene & Hafer to explain.  The motion was seconded and unanimously approved.

The Board asked Donna if there is anything else the Board needs to do to call the special election officially.  Donna stated that Board just needs to vote to call for a specific day and post the warrant for the election in every precinct (Monterey only has one).

Old Business

1. A motion was made to call a special election to fill one vacant select board seat for the remainder of the term (through May 9, 2023) on Tuesday, August 23 from 12:00pm – 7:00pm. The motion was seconded and unanimously approved.
2. Justin informed the Board that in speaking with the mediator there is an additional $100 charge for fuel.  A motion was made to approve two mediation sessions with travel for no more than $650. The motion was seconded and unanimously approved.

New Business

1. Discuss plan for American Rescue Plan Act (ARPA) funds: Susan has read the KP Law documents and the emails about specific requests that have been circulated.  Justin feels that all of the requests made to date could be contributed to dealing with COVID. Susan has concerns about the playground request, specifically its location and believes the playground should be relocated.  A title V inspection is scheduled for Wednesday and will provide us with more information on the condition of the current septic and the impact of a playground being located on top. The subject of ARPA monies will be added to old business for the next meeting and the Board will work to set a deadline for all requests to be in.  Susan is inclined to approve the request from the ambulance squad as we should invest in their equipment.  Justin concurred.  Michele Miller suggested that a formal process should be set forth and would like to see the Finance Committee be included in any discussions for approvals.  The Finance Committee and Select Board will meet to discuss ARPA monies next Tuesday at 7pm.  Peter Murkett noted that the Renewable Energy Working Group would also like to use some ARPA funds for planning and/or installation of solar panels on town buildings.

6:30pm: The Board met with Laurie Shaw, Community Center Committee Chair, Mary Makuc and Wendy Jensen to discuss their request for ARPA funds to construct an 800 sq. ft. pavilion (20 x 40) with a cement slab and made ready for electricity at an estimated cost of an $85,000.  Prior to COVID the Community Center reported they had 532 people attend events at the community center.  A tent has been erected for the last 2 years which they do not find sustainable or a good long term option.  The Community Center feels it is a logical response to the epidemic and ongoing endemic.  Susan asked how many people could be accommodated under the proposed pavilion (the building inside is a maximum of 49 for 628 sq ft).  Susan asked that numbers on attendance for events held outside as well as inside be provided to the Board to help in making their decision.  Parking was also discussed. Justin asked if the contractors contacted for proposals were made aware of prevailing wage laws; one was, one was not.  The proposals also do not include any site prep or electrical work.  Susan asked if the Community Center is charging for events; they said yes if the event is a money making event (selling items, charging admission, etc). Pre COVID Mary said they brought in about $2k/yr.

6:45pm: The Board met with the Fire Chief, Shawn Tryon to discuss the Fire Department’s request for ARPA funds to purchase a medical vehicle to replace the 2001 Chevy Suburban Rescue 5 which has 14,000 miles and a list of significant problems (tires, brakes, brake lines, exhaust, heat diverter issue and emergency lights) with repairs likely to cost in the area of $8-10k. It was originally purchased as an emergency vehicle but was not fitted to run all the electronics. The original proposal submitted on April 4^th was for a new vehicle but Southern Berkshire Volunteer Ambulance decided to get rid of their medical fly car which is a 2018 Ford Expedition put into service in 2019.  It has 9,800 miles on it and is in excellent condition and is an excellent solution/option for the fire department.  Currently Rescue 5 is used to carry EMS and carries a Chief Officer and one other.  The new vehicle can carry the Chief’s gear, speeding up response time, extra radios, has 110v capability and can be used as a command center. The new vehicle can also transport a patient in situations where the ambulance is unable to get to the scene. They are asking $55,000 and it was purchased originally for $80,000.  Susan asked what a new vehicle would cost, Shawn replied probably $75-85k. The ambulance squad has given us couple of weeks to make a decision or they will be putting it out to auction as they need the funds to put toward the new vehicle they are getting.  Shawn was asked to get a quote on what a similar vehicle would cost new and how long it would take to get it and have it up fitted.

1. Susan felt compelled to bring up the idea to install audio/visual security device in Town Hall to remove the he said/she said of certain circumstances. Justin expressed it might make people leery to come into town hall if there were such a device because sometimes conversations of confidence need to be had. Susan acknowledged she was not 100% sold on the idea but wanted to raise it as a possibility.  Mickey expressed that it would make things very uncomfortable and Ellen Coburn agreed and added it would be like Big Brother watching you.  Susan stated her reason for offering the idea is that she is uncomfortable having an unrecorded/unwitnessed conversation with a Town employee as she does not want it to be substantively misrepresented as she feel has previously happened. Justin added that the feeling Susan is discussing is unfortunately one that has been discussed many times at meetings about people not feeling comfortable and safe in town hall, it is an environment that needs to be changed.
2. Town Administrator Items:
   1. Melissa reported that the candidate for the Shared Human Resource Director has accepted the position and will be starting on July 5^th.
   2. The Director of Operations and Town Administrator are recommending to extend the tree pruning and removal contract for 1 year.  A motion was made to extend the tree pruning and removal contract for 1 year.  The motion was seconded and approved unanimously.
   3. A motion was made to approve the draft Office Assistant job description. The motion was seconded and approved unanimously.  Melissa will work on a mock schedule to review with the Board at a future meeting prior to posting this position.
   4. The Board approved the May KP Law bill and instructed Melissa to pay the amount over the monthly retainer fee from legal expenses.
   5. A motion was made to approve the following internal transfers; $181.88 from snow and ice to fire expenses, $390 from snow and ice to fire equipment and maintenance, $1329.62 from snow and ice to fuel, $5,316.08 from snow and ice to fire equipment and maintenance and $77 from snow and ice to Bally Gally.  The motion was seconded and unanimously approved.
   6. At the request of the Director of Operations a motion was made to approve the project request to purchase a CAT 908M Wheeled Loader and Stump Grinder for $35,925 using Chapter 90 funds.  The motion was seconded and unanimously approved.
3. Justin presented the draft job description for the Select Board Secretary and said it may make sense due to the amount of monies available to eliminate the 2^nd and 3^rd bullets currently in the draft and add additional duties as assigned by the Select Board.  Susan agreed.  A motion was made to approve the job description as amended.  The motion was seconded and unanimously approved.
4. A motion was made to approve the Special event permit request by Emily Sotille conditional upon receiving the insurance and TIPS certificates.  The motion was seconded and unanimously approved.
5. Beartown Mountain Phone Service intervention update: Susan reported that there are a number of residents on Beartown Mtn Rd that are subject to issues with their phone service (she has identified 5 homes so far).  Susan has drafted a letter to send to the residents on Beartown inquiring if they are having any issues, the frequency with which their phone is out and if they have any open service tickets with Verizon. Susan noted she spent over 2 hours on the phone with Verizon who is aware of the issue and acknowledges that the lines are old but they do not want to replace them.  Susan also met with Chief Tryon about the unreliable emergency service communications there as well.  Chief Tryon will reach out to the surrounding towns to see if they are interested in helping us reach out for better emergency service communications on the Mt Wilcox tower.  A motion was made to approve the letter and have Susan act as the main contact.  The motion was seconded and unanimously approved.
6. The review of the policies for contacting Town Counsel and Agenda Posting Requirements will be tabled until next week given the late hour.
7. Susan inquired about the vacation request submitted by Terry Walker. Justin noted that vacation requests have historically not been done in open meeting as some time off requests may have private matters associated with them, but he is willing to entertain changes to that practice of handling vacation requests.  Susan’s concerns are not so much about the dates but the request to make up time.  She stated that there may be times when it is allowable to make up hours but in this case she wondered if the Clerk’s assistant might be able to hold office hours.

Correspondence, minutes, public comment

1. Review mail & correspondence received or to be sent:
   1. The draft letter to Town Clerk following up June 1 discussion about mediation will be tabled to next week to allow Justin time to comment.
   2. The Board reviewed the letter from Mary Kate Jordan regarding Monterey’s 150^th anniversary quilt and unanimously agreed to her request to move the quilt from town hall to the library and to keep it there permanently.
   3. Drafting thank you notes to the children who helped place wreaths in Memorial Day Parade will be tabled to next week.
2. Approval of the minutes of 5/23/22, 5/25/22 and 6/1/22 will be tabled to next week.
3. Comments & questions from the public:
   1. Ellen Coburn mentioned that she got a call about the Clerk’s proposal to work 2-10pm and wanted the Board to know that there is a small group that finds the proposal to be open that late at night unusual.
   2. Mickey thanked the board for sending letters to the children that assisted at the parade.

A motion was made and unanimously approved to adjourn the meeting at: 8:28pm

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. Community Center’s ARPA request
2. Draft Office Assistant job description
3. Draft Select Board Secretary job description
4. Draft letter to Beartown Mtn Rd residents
5. Letter from Mary Kate Jordan
6. Draft letter to Town Clerk following up June 1 discussion