Select Board Meeting Minutes 7/27/22

Minutes of the meeting of 7/27/22

Meeting Opened at: 6:01pm

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

Also present: Mickey Jervas, Don Torrico, Gerry Clarin, Tom Mensi, Laurie Shaw, Jim Hunt, Myles Pierce

Also present remotely: Rebecca Wolin, Mary Makuc

Call to Order

A moment of silence was held in remembrance of Richie Crittenden who was a longtime former foreman at the Monterey Highway Department.

6:00pm: Meet with Don Torrico, Building Inspector to discuss human resource policies and seek input for revisions of employee handbook. The Board reviewed that the town has new counsel as well as a new Human Resource (HR) Director. The Board explained that the policy for anyone in the building department should still report directly to Don as the department head, unless the issue is with Don and then the policy would be to go to the HR Director. The Board reviewed the current policy for contacting Town Counsel and Don expressed concern with having to seek prior permission to contact town counsel.

The Board also inquired about the ADA coordinator position.  Justin is finding it more difficult than he originally thought to find someone to fill the volunteer position.  Don said it would be a conflict of interest for him to fill the position.

The Board discussed with Don the use of the alternate building commissioner, the FY22 budget overrun and where the alternate should be paid from when he covers for Don.

Don advised the Board that there will be an upcoming issue as Mass General Law states that any special permit or variance applications are to be submitted to and date stamped by the Town Clerk but historically because of our town bylaws they are submitted to the Town Administrator (formerly the Administrative Assistant).  Don will email the applicable Massachusetts General Law to the Board for review and the Board will notify the Bylaw Review Committee.

The Board also discussed with Don a recent issue that occurred with an electrical permit application and inspection that was held up.  The issue has been resolved.

6:30pm: The Board discussed funding for emergency tree work on Wellman Road, at the Community Center, and in Bidwell Park, as well as proactive tree work at the Community Center.  Jim Hunt confirmed that all of the trees that fell on the roads have been taken care of and all roads are open. Jim explained that his storm damage account covers road washouts and any events that close roads. Jim and the Tree Warden are recommending that with the cleanup that is needed at the Community Center and Bidwell Park a significant amount of preventive work also be performed.  Justin reviewed all of the town accounts that he feels could cover tree work.  Justin also read the Massachusetts General Law regarding the powers and duties of the elected Tree Warden and the elected Parks Commission. Jim and Myles reviewed the work that should be done at the Community Center and Bidwell Park which has come in at an estimated $25k for each property. Justin stated that what first needs to be determined is who is responsible for the tree work and out of whose account?  If the designated party does not have the money in their budget, do we need to call a special town meeting or can it wait until the annual?  Bidwell Park is currently closed to the public until clean up can occur.  The Board will not take any action tonight but will continue to work on determining who is responsible for what and if a special town meeting needs to be called.

1. The Board discussed the Lupiani property that was a tax taking and considered the request of a relative to buy back property. The options available are to offer it back to the now adult child of the former owners for $14,040 or the town can keep it as a possession and likely put it out to auction combined with other town owned properties. Susan understands that any decision is potentially precedent setting but feels that the particular circumstances of this case are unique.  Justin agreed the circumstances are unique.  A motion was made to sell the property back to the Lupiani family.  The motion was seconded and unanimously approved.  The Board still needs to decide if the other town owned properties should be put out to auction and if perc tests should be done on the land lots to increase their attractiveness.
2. The Board announced that Katrina Fitzpatrick has resigned from the Finance Committee and discussed that the Board can appoint someone to fill the vacancy until the next election.  The Board will put out a notice requesting that any interested parties fill out the appointment request application online by August 12^th to be considered by the Board on the 17^th.  A motion was made to advertise the vacant Finance Committee seat and accept applications through August 12^th to be considered on the 17^th.  The motion was seconded and unanimously approved.
3. Susan inquired if it is the Clerk that tracks appointed and elected members fulfillment of the conflict of interest training and open meeting law, as well as swearing in to office.  Susan would like to have an update from the Clerk on who still needs to fulfill these requirements so that reminders can be sent out.  Justin will request a report from the Clerk.
4. Town Charter Committee interest: The Board will confirm with Melissa when she returns if there have been any other letters of interest submitted. The item was tabled for this evening.
5. Review mail & correspondence received or to be sent:
   1. The Police Chief did send a correspondence about his concerns with the Counsel contact policy which will be added to next week’s agenda.
   2. Steve Moore of the Monterey News inquired about the future of the monthly Select Board Corner.  The Board discussed their ideas about future articles and how the column could be utilized.
   3. Town Counsel responded about the liability for volunteer labor which she will forward to Susan and Melissa later.  Justin did read the response into the record which noted that volunteers should sign a form provided and the town should also follow up with our insurer.
   4. Sophia Bletsos sent a draft policy for the Board to review concerning time off for part timers.  Justin has a conflict of interest as this would affect several of his family members.  It was agreed to wait until the new 3^rd board member is elected.
   5. The Board also discussed a communication received from Sophia Bletsos about addressing the Town Clerk’s office hours, as well as any suggestions she has for making the workplace more accommodating and a new temporary direct report.  This will be discussed further at next week’s meeting.
6. Approval of the minutes of 7/20/22 was tabled to the next meeting.
7. Comments & questions from the public:
   1. Mickey Jervas asked if there was a meeting at town hall with Berkshire County Retirement and why were part time employees not invited.  Mickey also asked of Susan in her role as a transfer station committee member, what happened to Tim Deming who was hired to work Sundays at the transfer station.  Susan will follow up with Jim Hunt.  Mickey also expressed concern that one of the employees sits inside all day and they do not seem to be addressing the fact that people do not have current stickers.
   2. Rebecca Wolin wanted to second what Mickey said about the transfer station and cars not having current stickers.

A motion was made and unanimously approved to adjourn the meeting at: 8:09pm

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. none