Select Board Meeting Minutes 8/15/23

Minutes of the Select Board meeting 8/15/23

Meeting Date: Tuesday August 15, 2023

Meeting Opened at 6:00 pm

Select Board members present: Justin Makuc, chair; Susan Cooper, Frank Abbott

Also Present: Laurie McArthur (Select Board Secretary), Mickey Jervas, Kevin West, Jeff Zimmerman, Mari Enoch, Don Coburn, David Myers, Stuart Litwin, Pauline Banducci

Also Present Remotely: Melissa Noe, Rob Hoogs

Call to Order 6:00pm

 

1. Meet with Tree Warden for a general update (6:00pm)

Kevin reported that he drove around with Jim Hunt to look at some trees in town and learn more about the Highway Department.  Kevin provided a detailed survey to the Select Board that outlined various problems that may be discovered in trees.  Kevin discussed problems with ash trees and how these will need to be removed at some point.  Kevin reported that he has been conversing with National Grid regarding assessing the trees in town and will develop a plan.  Kevin said his plan would be to take care of the more risky trees presently.  

Kevin discussed his plan for looking at different sections of town to determine what trees may require some attention.  Justin inquired about what a tree bylaw may look like.  Kevin reported that tree ordinances tend to describe the wishes of the town and provide some guidelines for managing trees and potential disputes between residents.  Susan said that smaller towns have bylaws as opposed to ordinances.  Kevin said that he would like to work with someone to add information to the Town website regarding trees or pests.  Susan suggested also writing something for the Monterey News and possibly the Google group.  Justin said that they could also send it out through the email list in town.  

Kevin reported that he is applying to join the National Tree Warden Association, and said that he was planning to take the course and inquired about the fee for the training and the annual cost.  The Select Board agreed that this would be a good investment and said they would look into the cost being able to come out of the annual budget.  

2. Draft capital planning policy

Justin edited the document and said he incorporated the list of questions into the appropriate sections.  Frank confirmed that Justin moved the list into the appropriate categories.  The Select Board discussed whether or not to keep the questions at the end of the document.  Frank suggested that all capital proposals be in by January 1st.  Jeff concurred that the policy should include a clear deadline.  Justin reported that most financial policies have been approved by both the Select Board and the Finance Committee.  Justin requested that Susan add a third paragraph to the end of the section on procedures regarding deadlines.  Frank suggested saying that capital plans should be submitted and complete by January 10th as part of the yearly fiscal process.  Susan will edit the document and send it to the Select Board and the Finance Committee once complete.  

3. Bylaw Review Committee to present proposals for updating Bylaws (6:30pm)

David reported that the Bylaw Review Committee was tasked with reviewing the town bylaws, which included removing obsolete bylaws, tightening up current bylaws, and as appropriate suggesting new bylaws to be considered.  

David discussed suggestions from the bylaw committee and recommended that the committee not be dissolved once complete, but rather become an adhoc committee.  Justin inquired about removing MGL acceptances from the bylaw committee.  Mari said that when an MGL is accepted then this needs to be documented but may be placed at the end of the bylaws in its own section.  Justin said that in conversations with Donna, she recommended having a PDF of the Town general bylaws, a PDF of the Town zoning bylaws, and a PDF with MGL acceptances.  

Jeff discussed the process the committee took when reviewing and updating the bylaw.  Justin inquired about the process for proposing this during a Town Meeting.  

Stuart recommended completing this in one document, and Justin asked what Donna recommended.  Jeff suggested placing out a clean copy and a copy that included track changes.  Justin suggested five copies, three of which were copies containing the old bylaws, one that holds the current information, and one with track changes.  Susan said that she would like to see what was changed in each document and why in order to be able to make an informed decision.  Stuart said that they added feedback into the comment section.  

Jeff said that the committee considered an open town meeting to seek feedback prior to going to the Select Board, but then decided just to bring it to the Select Board.  Justin asked if they could add a copy of the various originals to the bylaw committee review page, and a clean copy of what the bylaw committee is proposing that flags where anything controversial has been changed.  Justin said they would have to ask Donna about the legalities of brining this to Town Meeting.  

Mari said that some of the work was clarifying language throughout the bylaws.  

Stuart clarified that the bylaw is not actually effective until it is approved by the Attorney General.  Justin said going forward would the bylaw committee like to create a clean copy without any substantive changes. The Select Board will touch base with Donna to see what they need to do to make this legal.  Justin suggested he and David speak with Donna regarding what they need to do for track changes, posting on the warrant, and what the attorney general would need.  

4. Fire Company lease renewal

Justin recused himself.  Frank said he spoke with Chris and reported that Chris was opposed to a one-year lease.  Frank and Chris spoke about whether the work would have to be done at prevailing wage.  Chris was going to research this and inquired about the specifics.  Frank sent Chris’s email to Shawn and Melissa to see if they can obtain the specifics.  Frank conducted some research on prevailing wages and shared this with Melissa and Shawn.  Frank said that the draft lease said within 60 days of signing the contract the Fire Company will inform the Town precisely what work will be completed in the specified time frame.  Melissa will send Frank her current draft which contains the list.  

5. Open Space and Recreation Plan Committee appointments: Gerry Clarin, Tracy Brennan, Susan Cooper, Margy Abbott, Melissa Noe, Jim Hunt and Dennis Lynch

Justin asked if they would like to have this appointment coincide with the end of the year at June 30th or with August 15th 2024.  Susan and Frank agreed that it should be until June 30th.  Susan asked who would coordinate this information since a chair would not be determined until the first meetings.  Justin said that Melissa will send out a letter and then the committee could decide upon a first meeting.  

Justin made a motion to appoint through June 30, 2024 to the newly created Open Space and Recreation Plan Committee the following people: Gerry Clarin, Tracy Brennan, Susan Cooper, Margy Abbott, Melissa Noe, Jim Hunt and Dennis Lynch.  Frank seconded.  Call a vote: Frank-yes, Susan-yes, Justin-yes.  

6. Highway 4 appointment: Sheldon Langley

Melissa said that according to Jim, Sheldon would work Sunday through Thursday, would take on the cleaning responsibility, and would assist Jim where necessary.  

Justin made a motion to appoint Sheldon Langley to the Highway 4 position as a hire for an indefinite term.  Frank seconded.  Call a vote: Frank-yes, Susan-yes, Justin-yes.  

7. Special Event application for Rights Colab

Justin moved to approve the Special Event application for the Rights Colab.  Susan seconded.  Call a vote: Frank-yes, Susan-yes, Justin-yes.  

8. Town Administrator contract

Justin said that the current Town Administrator contract will end February 28. 2024. 

Justin said that he thought the contract was ambiguous in terms of notice and dates of the contract.  He spoke with Donna to inquire if this was an executive session discussion.  Justin said they could enter an executive session to negotiate a contract or to determine what would be offered in the future to a Town Administrator.  Donna agreed that six months’ notice is unusual, but that the Town should offer the notice to protect itself due to the ambiguity of the contract.

Justin said that if the Select Board did not want to continue with the contract, then the Select Board would give 6 months’ notice at this point in time saying they would not renew the current contract.  Susan agreed that this was prudent and suggested considerations for conversations about what the process would look like for future contracts and processes for said contracts.  Justin said this is the first job description for the current Town Administrator.  

Justin moved that the board give six months’ notice to Ms. Noe that the current Town Administrator contract will not be renewed and that future discussions about the Town Administrator position contract and job description will happen at a future meeting, but that this contract with Ms. Noe will not be renewed and will end on February 28, 2024.  Frank seconded.  Call a vote: Frank-yes, Susan-yes, Justin-yes.  

Justin will send an official notice to Melissa with the motion.  Susan suggested that each Select Board member have a discussion with Sophia regarding job description, and the process for a future contract.  Susan said that they need to make sure the salary is competitive for whomever holds the position.  

9. Town Administrator items:

a. Draft payroll policy

The Select Board each researched the policy to find some answers.  Frank inquired about whether there should be a response within two business days.  Justin agreed that there needs to be a preliminary response.  Justin commented on the section regarding payroll warrants.  He reported that direct deposit payroll is sent through prior to Select Board approval, but that mistakes can be corrected after the fact. He recommended reviewing the options sent by Melissa regarding the timing of Select Board approval of pay warrants.  Justin will review the comments made by the Select Board.  

Justin asked if the Berkshire County Retirement director would be able to come speak to the Select Board regarding the retirement system.  Justin asked how the hours factor into this and inquired about positons that fluctuate in hours.  Melissa said that a Berkshire County Retirement representative will be in in September to discuss this.  

Melissa clarified that the retirement is only based on the hours worked.  Melissa said that Berkshire Retirement.com would have the information pertaining to how this would work.  Justin asked if Melissa could forward the document to the Select Board.  

10. Unanticipated business

Justin said that the Community Center director resigned effective at the end of September.  Justin said according to Laurie Shaw, the Community Center committee would like to create a job description and conduct the interviews.  Justin said he would share this with the Board and he recommended that Laurie Shaw speak with Sophia.  Melissa said she spoke with Sophia and since the Board created a standardized hiring process, the Board should follow this, and the Center’s designee should be a part of the process.  Melissa said that the Town Administrator and Sophia should be involved in the process.  

Justin said that a Select Board member did sit in on some of the Police Officer interviews, and the entire Select Board did the final round of Police Chief interviews.  The Select Board discussed the importance of being consistent with the process.  Justin said that the Community Center Board should consult with the Town Administrator and HR director to create the job description, but should be able to find candidates and conduct interviews.  Melissa said that this position was no different from the Council on Aging.  Justin said that Laurie wanted to draft the job description and present it to the Select Board.  Justin offered to meet with Laurie next week regarding the hiring process and the advertising process.  

Justin asked if Sophia has been doing interviewing, and Melissa said that Sophia had been participating in the interviewing process with her.  Justin suggested that Sophia help with the legality component of the interviews and Melissa said that she should be a part of the interview.  Justin suggested adding this to the agenda for next week.  

The Eight Town Regional School District Planning Board meeting with Town Select Boards will be held on Monday August 28th at 6:00pm.  

Melissa said that Tim Lovett will be leaving the ConCom at the end of the month, and this will only leave two members.  She has reached out to Mark Little to see if he may be interested in joining the ConCom for approximately six months.  Melissa asked the Select Board if they would be willing to serve on the ConCom until they are able to obtain new members.  Justin said that he would be concerned whether the Select Board could learn all of the rules and do the commission justice.  Melissa offered the option of allowing the agent, Kim, to vote.  Melissa said that recently they were unable to meet due to concern for a lack of quorum.  Susan suggested seeing if Noel could write up something for the Monterey News outlining what the commission does to encourage applicants.  

Justin said that if we want to consider a dark sky bylaw, then this would be a zoning bylaw under the Planning Board.  Frank said he would need additional education and will attend Friday night’s meeting.

The Select Board discussed the goal of the lighting, and talked about the type of led lighting.  Justin confirmed that both Frank and Susan will be attending the meeting on Friday.  

11. Comments & questions from the public

There were no comments or questions from the public.  

12. Approve minutes of 8/8/23

The Select Board reviewed the minutes from 8/8/23.  Justin made a motion to approve the amended minutes from 8/8/23.  Seconded.  Call a vote: Frank-yes, Susan-yes, Justin-yes.  

Justin made a motion to adjourn the Select Board.  Susan seconded.  Call a vote:  Susan-yes, Frank-yes, Justin-yes.  Meeting adjourned at 8:05pm.  

Documents used at the meeting

1. Draft capital planning policy.  

2. Fire Company Lease

3. Special Event application for Rights Colab

4. Town Administrator Contract

5. Draft Payroll Policy