Select Board Meeting Minutes 8/3/22

Minutes of the meeting of 8/3/22

Meeting Opened at: 12pm

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

Also present: Frank Abbott and Jim Hunt

Also present remotely: Don Coburn, Rebecca Wolin and Ellen Coburn

1. The Board continued the discussion regarding funding for tree work at the Community Center and in Bidwell Park due to recent storm damage. If the estimates are accurate there would not be enough funds in the reserve fund to cover it and a special town meeting would be required.  The Board discussed the need during the budget process for FY24 to consider increasing the monies allocated to the highway storm damage account. Justin noted that the Board will also need to address what departments are responsible for what types of activities when it concerns town properties and storm damage. The Board will meet with the Finance Committee to discuss the possibility of a special town meeting and where the monies needed would be appropriated from on August 16^th.  Jim Hunt explained that the work at the Community Center would be to remove 27 pines estimated at $25,000.  The estimated work at Bidwell Park is also around $25,000.  Jim will try and firm up these numbers and see if the jobs could be broken up to save any monies.
2. Melissa reported to the Board that a vendor has notified her that the bill submitted on June 25^th for work done at the Cemetery has not been paid and the deadline to encumber monies has passed. This will require a special town meeting to pay as the work is from FY22.
3. Town Charter Committee status: Justin and Melissa reviewed the list of parties that previously showed interest in serving.  Justin will reach out to those already appointed, as well as those that showed interest, to make sure everyone still wants to be on it.
4. Town Administrator Items:
   1. Office Assistant position: Justin asked if we could table Melissa’s appointment request as he has an additional reference for Melissa to contact.
   2. The one bid received for milfoil remediation on Lake Garfield was provided to the Board. The Lake Garfield Working Group will be meeting next week to review and make a formal recommendation to the Board for acceptance.
5. A request was submitted by the Town Clerk for the Board to act on the June 22, 2022 election reform titled “The VOTES Act”. Both Justin and Susan looked up the laws referred to in the Clerk’s letter and were unable to find them to clarify. Susan mentioned she reached out to the Clerk asking for more information and a link from the original communication to the Clerk so that the Board could verify the information provided but had no response. Susan noted her concern that this close to the elections the Clerk is not responding to emails from the Board in response to requests she made (not currently a violation of the policy for responding to a board member but still an issue as the Board cannot act on her requests when they have questions). It was suggested that in the future if the Clerk is unable to answer the questions posed in response she should be asked to attend the meeting when it is being discussed. Justin will reach out to Gareth to inform him that Select Board is still trying to figure out who is responsible for assigning police officers or constables for an election. This item will be tabled to the next meeting.
6. Agenda for 2^nd Homeowner’s Meeting. The Board set items for the annual 2^nd homeowners meeting: Lake Garfield Town Beach, 8 Town School Consolidation, Fiber Connect, Greene Park Ballfield, Transfer Station, bear guidance.
7. A motion was made to appoint Barbara Dahlman to the Cultural Council for 3 years. The motion was seconded and unanimously approved.
8. Susan had questions about the Clerk’s response explaining the process for reaching out to newly appointed/elected officials regarding Open Meeting Law requirements, Conflict of Interest training, swearing into office and other items of importance. Susan questioned why Terry is contacting people in January when the appointments and elections are mostly in May and June. Susan also questioned why it will take 6 weeks to get an update of the most current appointments from the Clerk’s software. Justin said he was told it is because there is a backlog of data entry to be done.
9. Review mail & correspondence received or to be sent:
   1. The Board reviewed the draft 7/28/22 email from Human Resources Director, Sophia Bletsos, to be sent to the Town Clerk and made amendments. Susan and Justin both agreed to request an office hour schedule for the full 19.75 hours, discretionary hours will not be allowed. Work days should be non-consecutive days and must also contain a majority of hours during normal business hours. Frank Abbott commented that the Board that having employees set their hours is very uncommon and that the Board has the final authority on the schedule to ensure that it works for the Town. Ellen Coburn mentioned that 4-5 people have said to her that it was annoying to have to come out after dinner to go to the Clerk’s office and wanted to go on record that one evening is plenty. The amended draft was sent to Sophia to send to the Clerk and Sophia was granted permission to follow up with Counsel on this matter to limit any potential liability to the town.
   2. The Board discussed emails received from the Police Chief and Building Commissioner with regard to the difficulties imposed on their departments with the current policy for contacting counsel.  Justin suggested the following amendment to the current policy for contacting counsel: Law enforcement exemption. The Police Chief and Zoning Enforcement Officer can bypass the standard process for contacting counsel if following the standard process would, by their own understanding, hinder the proper and impartial enforcement of the law. In such a case, the Police Chief or Zoning Enforcement Officer can contact Counsel directly without notifying the Liaison. The Police Chief and Zoning Enforcement Officer should follow the standard process for contacting Counsel if following the standard process would, by their own understanding, not hinder the proper and impartial enforcement of the law. Justin motioned to amend the policy to include this provision to exempt law enforcement from the standard prcoess. Susan voted yes, Justin voted yes, and the motion carried.
   3. The Board acknowledged the letter from Mickey Jervas concerning the ballfield: Justin pointed out that Massachusetts General Law states that the Parks Commission is responsible for their properties unless they have asked the Tree Warden (and he has accepted) to assume the responsibilities.  Susan pointed out that this does not fall under the Board’s jurisdiction as the Parks Commission is elected.
10. A motion was made to approve the amended minutes of 7/20/22. The motion was seconded and unanimously approved.
11. Justin reported that Counsel reached out to Melissa and Justin about the title work required for the Curtis Rd project for the TIPS (Transportation Improvement Program) program and permission was granted to have Donna Brewer’s assistant work on this as we do not have anyone else to do it.
12. Meeting schedule for August: The Board will not meet on the 10^th or the 24^th and will meet on the 17^th and 31^st. Justin will ask the Clerk to come to the meeting on the 31^st to swear in the new member at the meeting. Joint meeting with the Finance Committee will be on the 16^th.
13. Comments & questions from the public: none

A motion was made and unanimously approved to adjourn the meeting at: 1:49pm

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. Milfoil bid
2. Votes Act letter from Clerk
3. Email from Chief Backhaus regarding policy for contacting counsel
4. Email from Human Resource Director with draft letter to the Clerk
5. Email from the Building Inspector regarding policy for contacting counsel
6. Letter from Mickey Jervas