Select Board Meeting Minutes 8/17/22

Minutes of the meeting of 8/17/22

Meeting Opened at: 6pm

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

Also present: Hillel Maximon

Also present remotely: Don Coburn, Adam Chait, Peter Murkett, Dennis Lynch

1. Town Charter Committee status: Justin reported that he reached out to all those that have already been appointed and those that expressed interest in being on it in the fall. Don Coburn and Debbie Slater are no longer interested, Hillel Maximon and Shawn Tryon are both still interested. Justin has not heard back from any of the parties already appointed to see if they would still like to remain on the committee.  Justin will continue the follow up with the hope this can be completed at the next meeting.
2. The VOTES Act, police officer detail at elections: Justin read the response from counsel summarized below:
   1. The statute itself reads slightly differently from the advisory. The statute states that the Select Board, “in consultation with its election officers and registrars, shall detail a sufficient number of police officers or constables” for each polling place. Counsel interprets this to mean that the Board tells the Chief of Police how many officers should be assigned to each polling place. The specific officer or officers who are assigned remains the choice of the Chief. Counsel does not believe that the decision of how many to assign can be delegated to the Chief since the statute was amended specifically to remove the decision of how many to assign from the Chief.  A motion was made to assign one officer to the special town election on August 23^rd.  The motion was seconded and unanimously approved. The officer to be assigned will be chosen by the Police Chief.
   2. The law requires that at least one officer or constable be assigned to each polling place. The officer/constable is assigned specific duties by statute to ensure that elections are secure, free, and fair. They hold the key to the ballot box, enforce election laws such as ensuring that no one disrupts voting or tries to vote after the polls are closed.
   3. The Town pays the officer who is assigned their regular rate for fulfilling an assigned shift for the day. Again, as there are specific statutory duties assigned to the officer and attendance by an officer is required, the Chief should assign someone who is on shift at the time of the election. Since the voting hours are so long, it will require either a change of shift or an extended shift with the possibility of overtime pay for a non-exempt employee. This would be a detail rate of pay if someone must be called in outside of their normal shift to cover the election.  Susan will relay this to the Chief and ask if it is possible to have the officer on duty work the election and have another officer be on-call should any calls come in.
3. Special Town Meeting items: storm damage tree work, elevator code upgrade, unpaid FY22 bills: Justin will follow up with the cemetery committee to get the total amount of the unpaid FY22 bills. The Board discussed Michele Miller’s concern about the $25k in storm damage work that needs to be done at the Community Center. The Board felt that deferring the work would not necessarily result in any decrease to the estimate. Justin would like to meet with Jim Hunt and the tree company if possible to get a sense of how much the $25k will actually get the town at the Community Center.
4. The Lake Garfield Working Group recommends the Board accept the milfoil remediation bid and contract with New England Aquatics.  A motion was made to accept the bid and award the contract through June 2023 to New England Aquatics.  The motion was seconded and unanimously approved.
5. Town Administrator Items:
   1. A motion was made to approve the request to use legal counsel regarding abandoned kayaks.  The motion was seconded and unanimously approved.
   2. A motion was made to appoint Kate Van Olst to the Office Assistant position for a 3 month probationary term. The motion was seconded and unanimously approved.
   3. The Board signed and approved for the 2^nd time (the Chapter 90 program has gone to digital filing and required updated forms to be sent) a Chapter 90 project request for $21,945 for a wheeled loader.
6. A motion was made to sign the State primary election warrant to be held on September 6, 2022 from 7am – 8pm.  The motion was seconded and unanimously approved.
7. Review Town Administrator job description and corresponding draft memo: Justin suggested waiting until the 3^rd board member is elected to act on this since all members are new since the Town Administrator’s contract was entered into.  Susan agreed. The draft memo is a result of the mediation sessions between Justin and Melissa. Susan noted for the record that the only change that needs to be made is that the Human Resource Director report directly to the Board and not the Town Administrator to avoid any real or perceived conflict of interest.
8. Adam Chait of Fiber Connect was present to discuss the need for the Fiber Connect Security Agreement to be signed which was originally negotiated back when all the other contracts had been signed.  This document must have slipped through the cracks. A motion was made to sign the security agreement.  The motion was seconded and unanimously approved.
9. The Board reviewed the FY21 draft audit of the Town’s financial management prepared by Scanlon & Associates, LLC.  The Board asked Melissa to follow up with the Auditor with a few questions before signing the representative letter.  A motion was made to sign the engagement letter.  The motion was seconded and unanimously approved.
10. The Board discussed the quotes received for electronic voting equipment for Town Meeting, number of units needed and the possibility of sharing with New Marlborough or another town if needed (each town purchase 150).  Both Susan and Justin agree that purchasing rather than renting them makes the most fiscal sense. Susan would like more information on the security of each system. The Board will review both options and continue the conversation to a future meeting.
11. The Board has received a new resume for the Select Board secretary position. Justin will reach out to see if she is available to interview at the next meeting.
12. Select Board web page: Justin would like access to the Select Board web page to edit when necessary.  Susan agreed to grant Justin access.  Susan also noted that there are a small number of people that have difficulty finding the YouTube page to watch the meetings and suggested that a link to the recordings be added to the minutes, Melissa will begin adding them.
13. Time clock software: Justin had questions about whether employees would need a town cell phone to run the software.  Melissa explained that is it not a software, it is an additional service the payroll service we already use offers and it can be accessed through a web link on a town computer or via an app on a cellphone. Melissa reported that she and the highway have been using it for about 2 weeks now and it is going very well. The Clerk will begin using it starting the 21^st as will the library, COA Outreach Worker and Community Center Administrative Assistant.
14. Finance Committee vacancy: The Board agreed at last night’s joint meeting with the Finance Committee to allow that Committee time to interview all the applicants and make a recommendation for appointment.
15. A motion was made to appoint Kevin Moody to the Conservation Commission for a three year term.  The motion was seconded and unanimously approved.
16. The Board reviewed the mediation agreement that was a direct result of the two sessions Melissa and Justin attended.  Melissa and Justin both agreed to sign the agreement and attach it as a document used at the meeting.
17. Review mail & correspondence received or to be sent:
    1. Justin provided the form he filled out to be able to contact counsel in a timely fashion regarding the VOTES Act & elections.
    2. The response from Town Counsel regarding release of executive session minutes and letter from the Parks Commission regarding the Town beach parking were reviewed. The Board will make a decision on the possible release of the executive session minutes at a future meeting.
    3. The Board acknowledged receipt of 8/7/22 Proposal for use of American Rescue Plan Act funds submitted by Tom Mensi of the Parks Commission for rebuilding the playground at Greene Park.
18. A motion was made to accept Peter Murkett’s recommendation to support the Town’s participation in the UMass Clean Energy Extension Program.  The motion was seconded and unanimously approved.
19. A motion was made to approve the minutes of 7/27/22 as amended.  The motion was seconded and unanimously approved. A motion was made to approve the minutes of 8/3/22 as amended.  The motion was seconded and unanimously approved.
20. Comments & questions from the public: none

A motion was made and unanimously approved to adjourn the meeting at: 7:53pm

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 dated 8/10 from Peter Murkett
2. Charter committee emails
3. DASH contract
4. Contact counsel form re: kayaks
5. Chapter 90 project request
6. 2022 State Primary Warrant
7. HR memo, TA job description
8. Fiber Connect security agreement
9. Draft Audit
10. Conservation Commission letter of interest
11. Mediation Agreement
12. Response from counsel on executive session minutes and attachments
13. Parks Commission letter to counsel