Select Board Meeting Minutes 9/21/22

Minutes of the meeting of 9/21/22

Meeting Opened at: 5:30pm

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

Also present: Frank Abbott, Evelyn Vallianos, Don Coburn, Terry Walker, Ellen Coburn, Gary Shaw, Mickey Jervas  

Also present remotely: Heather Bellow, Emily Johnson, Attorney Donna Brewer, Attorney Jared Burke, Rebecca Wolin, Mary Makuc, Don Coburn

5:30pm: Justin stated he would entertain a motion to enter executive session. Susan made a motion to enter Executive Session to discuss potential discipline or dismissal of, or complaints against the Town Clerk (Purpose 1), and the Board will return to open session after executive session. The motion was seconded and unanimously approved.  The Board returned to open session at 7:25pm

1. A motion was made to move new business item “Accept donation from the Friends of the Monterey Library toward the Library Building Project loan”.  The motion was seconded and unanimously approved.  Justin read the letter noting that the Friends of the Monterey Library are making a donation in the amount of $25,000 to the Town to reduce the balance of the loan taken in support of the library project. A motion was made to accept the donation in the amount of $25,000 to be used specifically to reduce the library loan balance.  The motion was seconded and unanimously approved.
2. Ellen Coburn has raised a concern that the rules of order have not been followed during meetings. Justin acknowledged that this was on him as the Chair and he will attempt to do better going forward.  The current, adopted rules of order can be found on the Select Board’s page on the website.
3. Draft Special Town Meeting warrant article items:
   1. Since last week the Board has revisited the original estimate for the two tree work projects, which did not include the log truck.  The amount has been updated.
   2. Free cash has been certified in the amount of $512,836 earlier this week. Justin asked the Board to defer the tree work at the Community Center, and only put the work to be done at Bidwell Park on the Special Town Meeting warrant.  Both Scott and Susan agreed. The preventative tree work at the Community Center will be considered in the budgeting process for Annual Town Meeting.
   3. Justin provided an updated draft of an article for the Monterey News and the website with regard to the tree work and both Susan and Scott approved it. The Board agreed that the tree work article will be placed on the warrant with the funds coming from free cash. The Board will add to the warrant payment of the FY22 bills with free cash.
   4. The Board received an email from Lucy Prashker concerning recent developments regarding the 8 Town Regional School District Planning Board request for funding which may obviate the need for the $15,000 requested. Justin would prefer not to place an article on the warrant until there is an actual need for the funds. It was agreed that the article will not be placed on the Special Town Meeting warrant.
   5. The Board reviewed the response from current counsel with regard to the $8,737.31 bill from Jeremia Pollard for the Hume lawsuit appeal. The Board agreed to have Attorney Brewer proceed with the suggested draft letter to Jeremia.  Discussion ensued about whether it should go on the Special Town Meeting warrant or be paid from the reserve fund.  It was decided to place the article on the warrant in the amount of $6,287.31 plus $1,000 for any future deductible with pending litigation for a total of $7,287.31.
   6. In reviewing the zoning by-laws following issues raised in the meeting with neighbors of Camp Half Moon/Kimama on September 14, Susan found an apparent clerical error in the 2012 edition of the by-laws. Susan explained that in 2009 there was a STM that modified the bylaws and added “camp, recreational year round” and made it by permit only in the lake shore and business districts.  However the 2012 edition of the zoning bylaws has it listed as by right. Attorney Brewer has said that a written version of it has to be published in a specific period of time and no one is able to find this.  Susan has corresponded with the Planning Board regarding this issue. Justin thinks this item falls under the purview of the Planning Board and should be referred to them.  Susan agreed and will write a note to them on behalf of the Select Board.
4. Designate early voting hours for state election. A motion was made to designate 10/29/22 from 9:30am – 1:30pm, in addition to any regular, scheduled Town Clerk office hours.  Early voting to be held in Town Hall at the Clerk’s office.  The motion was seconded and unanimously approved.
5. Review executive session minutes to determine if disclosure is appropriate: 10/4/21, 11/4/21, 11/17/21, and 6/8/22. Scott felt that since there is still ongoing litigation it would not be appropriate to release the minutes. There was general consensus to not release these minutes at this time.
6. The Board discussed the draft anti-discrimination and harassment policy provided by the Human Resources (HR) Director. Justin described the concerns that he had about the part of the policy dealing with enforcement. Justin will work with Sophia and Town Counsel to update item seven in the policy. Gary Shaw asked what happens if the HR Director finds nothing happened but one party involved does not agree with that finding. Susan said if the evidence does not support censuring someone the employee always has the right to appeal the determination.
7. Review of the Town Administrator job description, contract, and corresponding draft memo was postponed to a future meeting.
8. Office coverage during vacation or make up time after vacation was postponed to a future meeting.
9. Justin asked if one Board member would like to research the Board’s options for addressing the neighbor concerns about Camp Kimama Half Moon. Susan has spoken with several town officials and ultimately feels that a letter will need to be written to the camp addressing issues within the building department, fire inspections and other issues that have arisen. Susan will be the point person. Susan also noted that the Bylaw Review Committee is considering drafting a noise bylaw to be considered by the Town.
10. The Board considered the Finance Committees recommendation for the vacant Finance Committee seat. The Finance Committee has recommended either Roger Tryon or Ilene Marcus.  Scott made a motion to appoint Ilene Marcus to the Finance Committee until the next election.  The motion was seconded. Justin feels that Roger is more suited to the role due to his long tenure in Monterey and his familiarity with the types of equipment that will be on the capital plan. Susan sees Justin’s point but her concern is that there are other aspects to thoughtful, financial planning than just being familiar with the large machinery. Rebecca Wolin stated that the Finance Committee has no jurisdiction over how money is spent once it is budgeted and approved at Town Meeting, they can only recommend. She also thought the Board should take into consideration that Roger ran for the position and historically the Board has appointed the person that may have ran but not won in the last election. The motion to appoint Ilene Marcus to the vacancy on the Finance Committee passed 2 – 1 with Justin voting no.
11. A motion was made to appoint Tim Lovett to the Conservation Commission through December 31, 2021.  The motion was seconded and unanimously approved.
12. The Board discussed the candidate interviewed last week for the Select Board secretary position. Susan did call all the references which were all positive. A motion was made to appoint Laurie McArthur with a three month probationary period at a rate of $18/hour for up to 6 hours per week.  The motion was seconded and unanimously approved.
13. A motion was made to appoint Austin Mosca and Brian Budak to the Fire Department with an indefinite term. The motion was seconded and unanimously approved.
14. Town Administrator items:
    1. The Town Administrator informed the Board that she would like to start up the Department roundtables again on a monthly basis with the HR Director.  Both Melissa and Sophia would like to make these meetings mandatory but are seeking Select Board approval.  The Board would like to table this item to the next meeting that Sophia is also in attendance.
    2. A motion was made to accept and sign the Berkshire Regional Planning Commission contract for Municipal Vulnerability Program grant administration.  The motion was seconded and unanimously approved.
    3. Melissa provided an update on the email migration which was moved up a day to today and seems to have occurred without any major hitches.
    4. Melissa thanked the Clerk’s office for return of the missing item from the last election.  Melissa also expressed concern about two emails sent to the Board stating that she had accused election workers of stealing and asked that it be noted for the record that at no time was anyone accused of stealing anything. Susan noted that she did go back and review the recording and acknowledged that this was in fact true, no one accused anyone of stealing.
    5. A motion was made to approve the WRAP (Winter Recovery Assistance Program) reimbursement request submitted by the Director of Operations.  The motion was seconded and unanimously approved. APPROVED
15. Review mail & correspondence received or to be sent:
    1. Justin read the email from Robin Williams regarding Fiber Connect and what she feels is exorbitant fees. Justin’s first thought is that the Town has a contract with Fiber Connect which Justin sent to Robin Williams. Justin does not feel that any of the items Robin noted are a breach of contract. Melissa will reach out and invite Adam to a future meeting to provide the Town with an update.
    2. The Board acknowledged receipt of an American Rescue Plan Act (ARPA) request from the Town Administrator for $4,000 for a study to determine the feasibility of the town parcel on Fox Hill for workforce, senior or moderate priced housing.
16. The minutes of the 8/31/22 Executive Session were approved during the Executive Session earlier in the meeting but they will not yet be released to the public.
17. Comments & questions from the public:
    1. Rebecca Wolin felt that Melissa did accuse the election workers of stealing. Susan said that the only person that used the word stealing was Rebecca.
    2. Ellen Coburn suggested that Rebecca Wolin (as well as anyone else interested) attend the dignity initiative tomorrow.  Ellen noted that she was also in attendance at the last meeting and disagrees with Rebecca’s interpretation of the meeting and said that no one accused anyone of stealing.
    3. Gary Shaw wanted it noted that he did not appreciate having his name mentioned at the last meeting and admitted that he may have raised his voice but does not recall yelling at anyone. He thinks the issue should have been brought directly to him rather than to a public meeting.

A motion was made and unanimously approved to adjourn the meeting at: 9:18pm

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. Friends of the Monterey Library donation letter
2. Email from the 8 Town Regional School District Planning Board
3. Select Board Rules of Order
4. Draft anti-discrimination and harassment policy
5. Finance Committee vacancy email recommendation
6. Email from Robin Williams re: Fiber Connect
7. Offer letter to Laurie McArthur
8. ARPA request from the Town Administrator for a study to determine the feasibility of the town parcel on Fox Hill for workforce, senior or moderate priced housing Draft tree article