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Select Board Meeting Minutes 9/14/22

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Meeting date: 
Wednesday, September 14, 2022

Minutes of the meeting of 9/14/22

Meeting Opened at: 6pm

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

Also present: Mary Regenstreich, Kyle Haver, Don Coburn, Roz Halberstadter, Mickey Jervas, Laurie McArthur

Also present remotely: Jill Studley, Michele Miller, James Burns, Rebecca Wolin, Ellen Coburn, Mary Makuc

6pm: Neighbor concerns about excessive noise and disturbances at Camp Kimama Half Moon:

Mary Regenstreich, an abutter of the camp, complained that the new camp owners frequently have dance parties well beyond 10pm. Mary did speak with the Director who promised changes but did not follow through. Mary has also met with the camp owners to express their concerns. Mary is concerned that what transpired over Labor Day weekend is just a precursor of the future of the property. Kyle Haver, another abutter of the camp, also expressed concerns about the excessive noise and safety as well as respecting the private property of neighbors.  Kyle would like to see an ongoing conversation with the camp owners to work through the issue prior to the beginning of the next camp season. Roz Halberstadter explained that the immediate neighbors were all under the impression that when the sale of the property went through it was going to remain a summer camp. Jill Studley concurred with the other neighbors. James Burns, abutter, expressed concerns about the campers not being taught proper water safety.

The Select Board will determine the Town’s role in this and noted that the Town does not have a noise ordinance, so that the only enforcement possibility for excessive noise is disturbance of the peace. Susan added that the only permits issued are building and board of health permits, the Select Board does not have any permitting jurisdiction.

6:30pm: The Board interviewed Laurie McArthur for the Select Board secretary position. Laurie comes from a landscaping/gardening background and would like to switch gears and get back into office work. Justin explained the basic responsibilities of the position which is to draft minutes of the Select Board meetings to free up the Town Administrator to participate more actively during the meeting. Justin asked that Laurie forward references to the Board.

Justin acknowledged that Attorney Brewer reached out to him today about scheduling and posting requirements and reminded him that anytime the Board is going to discuss complaints or charges against an employee or the possible discipline or dismissal of an employee that the employee must be given 48 hours’ notice. Susan asked if an action such as putting an employee on administrative leave would also require the same 48 hours’ notice.  At Attorney Brewer’s recommendation, Justin is shutting down any discussion at tonight’s meeting that may have to do with any charges, complaints, discipline or possible dismissal. Susan suggested that an executive session meeting should be set for next Wednesday and that Town Counsel should assist with the proper posting and notification, all agreed.

  1. The Board discussed the draft Special Town Meeting warrant and draft press release about tree work at Bidwell Park and the Community Center. Scott expressed concern about using Free Cash not knowing what kind of budget numbers we are looking at for FY24. Melissa will follow up with the Director of Operations to confirm a few details about the estimates and work planned so that the Board will have better number for the warrant. The Board also discussed the $15,000 request from 8 Town Regional School District Planning Board (RSDPB). So far Sheffield, Alford and Egremont have approved the funds, some with conditions, New Marlborough tabled it as Lucy Prashker noted there was potential funding in the supplemental Massachusetts budget and the RSDPB was hopeful it could get funding from that source.  Justin suggested postponing making any discussion until confirmation has been received. Susan made a motion to place the request on the warrant, which can always be removed if it is not needed, so that residents are aware.  The motion was not seconded and thus failed.
  2. The Board reviewed a draft memo to the Parks Commission regarding funding for Greene Park ballfield renovation.  A motion was made to accept and sign the memo.  The motion was seconded and unanimously approved.
  3. The Board reviewed a draft memo to the Conservation Commission regarding funding for the agent.  The motion was seconded and unanimously approved.
  4. Justin spoke with Attorney Brewer about the $8,737.31 bill from Jeremia Pollard for the Hume lawsuit appeal. Attorney Brewer said that the Town probably has a case that we are not obligated to pay the full bill given how much higher it was than the original estimate. Attorney Brewer requested a transcription of key parts of the meeting where the estimate was given, and will draft a letter to Jeremia Pollard to begin a process of negotiation.
  5. The Board reviewed the Town Clerk’s proposed office hours schedule in answer to the directive given by the Board for new hours to begin today, September 14th. The Board noted that her proposal does not include discretionary hours but states that Saturdays would be by appointment only, however the Board noted that if there are not any discretionary hours she would not be able to work by appointment. Although the Board had initially requested no discretionary hours, it now believes having discretionary hours will be useful. Susan noted that the Board instructed Terry to begin the new hours today and at 10:30am when Susan came in the office Terry was not here. Susan also noted Terry’s response to meet with the Board soonest was that she is not available until October 12th. Susan found this completely unacceptable, and noted that if a supervisor asks to meet you should not say you are unavailable for five weeks after the requested date.  The Board agreed that if they want to be able to allow hours by appointment, then there have to be discretionary hours. Susan noted that, as advised by Counsel, the Board was to create hours that work for the Town, not for an individual, and there has been a large calling for the Clerk to have Saturday hours. A motion was made to set the Town Clerk’s hours as follows: Wednesday 10am – 7pm, Friday 11am – 7:45pm, with 2 discretionary hours, and the new schedule beginning next Wednesday September 21st.  Discussion ensued about Saturday hours.  Rebecca Wolin said that when she built her house no one met her on Saturdays. Justin does not feel that Saturday hours are necessary to complete the job.  The motion was seconded and approved unanimously. Susan asked to make sure that an executive session will be held for next week, Justin will handle the scheduling of this with counsel.
  6. The Board discussed the Clerk’s refusal to allow the Town’s IT person access to the Town Clerk Computer.  IT needs to access the Clerk’s computer to confirm that it is backing up to the town server. The Clerk says she is backing it up to a thumb drive and a cloud server with a different firm, and is refusing to allow access to Tom Roy.  Scott made a motion that the computer is owned by the Town, as well as the information on the computer, and Tom Roy is to be given access to the computer and the Town Clerk has the right to be present if she so desires.  The motion was seconded and unanimously approved.
  7. The Board tabled setting the early voting hours until next week.
  8. Voting location: The Town Administrator has expressed concern about when the elections are held here it being a bit disruptive and would like to see them moved back to the firehouse or the Community Center. Melissa elaborated on her concerns of noise and the office furniture and equipment being rearranged. The Board discussed her concerns but decided that voting will remain at Town Hall and the issues raised will be addressed with the Clerk’s Office and what is expected at future elections.  Susan will draft something in writing.
  9. The review of executive session minutes to determine if disclosure is appropriate was tabled to next week.
  10. Consideration of the recommendations from Human Resources director on draft policies was tabled to next week.
  11. The review of the Town Administrator job description and corresponding draft memo was tabled to next week.
  12. Discussion concerning office coverage during vacation or make up time after vacation was tabled to next week. When asked what this was about Susan responded that it is in response to the Clerk’s recent request for time off and to make it up.
  13. Town Administrator items:
    1. The Board agreed to be a part of the multi-town Efficiency & Regionalization Grant application that Berkshire Regional Planning Commission is submitting for Building Software upgrades
    2. Melissa asked to confirm that it was ok to purchase 155 clickers from Meridia, along with the long range receiver and carrying bags for $4,995.  The Board agreed.
  14. A motion was made to approve the Police Chief draft job description and job posting.  The motion was seconded and unanimously approved.
  15. The Board acknowledged that Terry Walker has filed a lawsuit against the Town.  The copy the town received was not officially served to the town but rather was emailed by Berkshire Eagle reporter Heather Bellow.  Counsel has advised the Town to acknowledge the copy and that our insurer will be handling the complaint.
  16. Review mail & correspondence received or to be sent:
    1. The Board acknowledged receipt of an American Rescue Plan Act request from Highway Department for new roadside mowing tractor. All requests will be reviewed after the October 13th deadline for submissions.
    2. The Board acknowledged receipt of a letter from the Council on Aging in support of the Community Center pavilion
    3. Department of Fish and Game notice of intention to purchase conservation restriction on Mount Hunger road properties
    4. The Board approved a draft letter to State representative Smitty Pignatelli regarding parking fee for non-MA residents at Beartown State Forest
  17. A motion was made to approve the article written by Susan for the Monterey News about land conservation efforts.  The motion was seconded and unanimously approved.
  18. A motion was made to approve the minutes of 8/31/22 as amended.  The motion was seconded and unanimously approved.
  19. Comments & questions from the public:
    1.  Mickey Jervas commented that the curbing installed at town hall looks very nice.  Mickey also noted that at the last meeting she attended, the executive session went on for quite a while and when it reopened to the public the folks in the hall were not notified when the meeting reopened.

 

A motion was made and unanimously approved to adjourn the meeting at: 8:44pm

 

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. Neighbor concerns about excessive noise and disturbances at Camp Kimama Half Moon
  2. Draft memo to Parks Commission regarding funding for Greene Park ballfield renovation
  3. Draft memo to Conservation Commission regarding funding for agent
  4. Town Clerk proposed office hours schedule
  5. Draft anti-discrimination and harassment policies
  6. Walker v Town lawsuit
  7. Police Chief job description
  8. American Rescue Plan Act request from Highway Department for new roadside mowing tractor
  9. letter from the Council on Aging in support of the Community Center pavilion
  10. Department of Fish and Game notice of intention to purchase conservation restriction on Mount Hunger road properties
  11. letter to State representative Smitty Pignatelli regarding parking fee for non-MA residents at Beartown State Forest
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