Select Board Meeting Minutes 7/6/22

Minutes of the meeting of 7/6/22

Meeting Opened at: 12pm

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

Also present: Dennis Lynch, Peter Murkett

The Board met with Peter Murkett, Chair of the Renewable Energy Working Group (REWG) to go over the progress to date.  The REWG is currently focused on what they see as the clearest path to grant funding in the amount of $15,000 or more to hire a consultant to plan for solar installations on Monterey public buildings. They are working on a strategy to install solar panels on the roofs of town buildings with the firehouse and firehouse pavilion being the main focus for buildings as they both have excellent exposure, access to three phase power and the sturdiest roofs.

META Grant (Municipal Energy Technical Assistance): The REWG would like Dennis Lynch to write this grant to seek technical assistance to develop site assessments of town properties for the installation of roof and or ground mounted solar photoelectric arrays to generate renewable electricity to help operate town facilities. The REWG is also interested in receiving ARPA (American Rescue Plan Act) funds. Dennis has proposed that it will take him approximately 46 hours to write at $25/hour. The grant application has not yet been released but should be soon. Dennis noted that using ARPA funds may get them to their goal faster as it is available now. Monterey’s solar bylaw designates the nine acre parcel behind the pavilion as the only area for large scale solar installation without a large and complicated application for approval. The REWG feels that this location is the wrong location and should be corrected at some point as it does not meet the three criteria necessary for an ideal site.  The three criteria are: 1) correct solar exposure, 2) proximity to 3-phase power and 3) low visibility to casual observer.  Ideally the site should also not require extensive logging, as tree removal is clearly contrary to other environmental goals.

Susan would like to see a push toward an affordable housing project in Monterey with an energy forward concept and alternative energy generation during the Master Plan process and asked the REWG if they would be interested in pursuing that.  Peter said absolutely and thought that the previously mentioned nine acre parcel would be the best location.

The Board will hold on approving Dennis’ proposal to write the META grant until all the application details have been released.

Old Business

1. The Board discussed setting a deadline and approving a request form for disbursements of remaining American Rescue Plan Act funds.  A motion was made to approve the form as edited.  The motion was seconded and approved unanimously.  Melissa will add this to the website and send to those that have already submitted requests.
2. Updates from Town Counsel:
   1. Disclosing settlement amount from Johnson lawsuit: Attorney Brewer has advised against generally releasing the settlement amount, stated that only the Board is in the best position to determine whether there is any possibility of future lawsuits by disclosing the settlement amount.
   2. Appointments: The answer provided was very comprehensive but complicated.  She did confirm we do not need a field driver but we do need two fence viewers.
   3. Attorney Brewer has suggested that the Bylaw Review Committee should review past annual and special town meeting minutes to determine what bylaws and statutes have actually been sent and approved by the Attorney General.
   4. Beach parking: We cannot restrict people from accessing the lake but we are able to restrict parking, including by use of fees or permits.  Attorney Brewer is working on a response to forward to the Parks Commission.
   5. Justin is still working on the email to Counsel about Susan’s volunteer labor inquiry.
   6. At the listening tour yesterday, Susan asked about the retirement/OBRA gap for part time employees that do not have access to Social Security or the Berkshire County Retirement. Attorney Brewer will get back to us with a possible GAP solution. Melissa explained that we already have this and it required that anyone working less than a consistent 20 hours per week be enrolled, it is called the MA Smart Plan.
   7. Special election: Susan was concerned that the caucuses did not happen. According to Attorney Brewer, once the Select Board sets the date it is the Town Clerk’s duty to inform the caucus chairs of the election.  Justin stated that he did check with caucus chairs before setting the date for the special election, and email both the Democratic and Republican caucus chairs on June 12^th with the timeframes, but they both decided not to hold caucuses which is their prerogative.
3. A motion was made to appoint Eric A. Kinsherf, CPA as Town Accountant for one year, Miyares and Harrington LLP as Town Counsel for one year, and Mass MuniFin as Treasurer for one year.  The motion was seconded and unanimously approved.
4. Justin provided a draft amended copy of our Town Counsel contact policy with a new form. Susan will take the week to review it and the Board will discuss it next week.

New Business

1. Town Administrator Items:
   1. A motion was made to approve a transfer of $320 from snow and ice to parks.  The motion was seconded and unanimously approved.
2. Renewal of the Police Chief’s contract for FY23 will be tabled to next week to allow both members time to review.

Correspondence, minutes, public comment

1. Review mail & correspondence received or to be sent:
   1. Susan mentioned the email from Don Coburn about the mixed platform remote issues. Susan and Melissa will set up a test run with another platform to see if the same issues persist.
2. A motion was made to approve the amended minutes of 6/8/22 executive session, not for public release yet.  The motion was seconded and unanimously approved. A motion was made to approve the amended minutes of 6/15/22 executive session.  The motion was seconded and unanimously approved. A motion was made to approve the amended minutes of 6/22/22 executive session.  The motion was seconded and unanimously approved. A motion was made to approve the amended minutes of 6/29/22 executive session.  The motion was seconded and unanimously approved.
3. Comments & questions from the public: none
4. Justin noted that he is aware that Laurie Shaw did reach out previously about a change in title for Mary Makuc and the Board has not answered. He will reach out to the Ethics Commission for a written response as Mary is his mother and he wants to be sure how to proceed in accordance with State Ethics Law.
5. Justin suggested scheduling the annual 2^nd homeowner’s meeting for August 13^th at 10am at town hall.  Susan agreed.
6. Regional School District Planning Board (RSDPB) meetings: Susan commented that it appears from last week’s RSDPB meeting their idea of outreach is that they have held zoom meetings and will meet with the town Select Boards. Justin and Susan feel this is insufficient and more public outreach will be necessary.  Justin is also concerned about the fact that in other towns a member of the Select Board and Finance Committee represented their towns and that did not happen at the end in Monterey and we should have current representation although changing might present a continuity issue.  Susan stated that the Monterey representatives to the RSDPB suggested she look at the written materials the committee put out, but she would like more details and information about the process (personal input not the final PR put out) from our representatives.

A motion was made and unanimously approved to adjourn the meeting at: 2:01pm

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. Email responses from Counsel.
2. ARPA request form.
3. Draft Town Counsel contact policy and form.
4. Transfer form.