Select Board Meeting Minutes 9/2/2020

Minutes of the meeting of 9/2/20

Meeting Opened at: 3pm

Select Board Members Present: Donald Coburn, Chair, Steven Weisz

Select Board Members Present Remotely: John Weingold

Also present remotely: Peter Chait, Steven Aronson, Michael Johnson, Mary McGurn, Adam Chait, Joel Nowak, Barbara Swann, Maggie Barkin, Shawn Tryon, Dennis Lynch, Michel Miller, Justin Gilmore, Don Barkin, Caroline Massa

Items discussed:

1. Roll call was taken.  Steve Weisz present, John Weingold present remotely and Don Coburn present.  Don reported that the meeting was being recorded by the Administrative Assistant and asked if anyone else would be recording as it is required to notify the Board under the Open Meeting Law regulations; there was no response from the public.
2. The Board continued their discussion on the proposed contract with Fiber Connect.  Don commented that the approach to date does not seem to be working. He suggested a review of what the contract provides for Monterey in positive rather than protective terms. One that is clear and parallel to the one in Egremont. This leaves 2 areas still to negotiate with additions to the contract for Monterey. taking into account the concerns that Steve has been emphasizing to protect Monterey should anything go wrong with respect to the company’s performance or ability to stay in business.  Steve was also concerned that the contract is not written as one would write with a ‘Utility Service’. It was suggested to contact the attorney handling this, provide him with the documents and comments developed to date with the opportunity to promptly have each selectman convey their concerns about the document to achieve the final goal of a redrafted document that takes in all concerns.  Steve reported that he has sent his concerns to the attorney but has not had a response.  John felt that this was a gigantic waste of time and a delay and the process should be direct with Fiber Connect first before sending what is agreed to between the parties to the attorney.  A motion was made to send a letter to Michael Baldino requesting the $25k monies available to Monterey from the Massachusetts Broadband Institute (MBI) to cover expenses for legal and technical support.  Discussion ensued.  Steven, aye. John, aye. Don, aye.  The motion passed unanimously. 
3. Adam inquired about the status of his request to place a shelter on the highway garage property.  Don reviewed counsel’s concerns and what information we were waiting on.  Don requested permission to speak with counsel and Adam to create a proposal to present to the Board.  Steve requested a physical delineation of where the shelter would sit for the Board to approve (the location has been approved by the Director of Operations).  The Board agreed to allow Don to work with counsel and Adam on something to present to the Board.
4. Discussion returned to the proposed agreement between Fiber Connect and the town and what the process should be for moving this along.  A motion was made to send the most current version to counsel and allow each member to send their concerns to counsel to incorporate or opine on.  Discussion ensued.  John argued that verbal agreements from years ago cannot be included as they are unenforceable.  Steve, aye. John, no. Don, yes.  The motion passed 2 – 1.  John made a motion to invite MBI to a full board meeting to discuss all the details of the future agreements.  Discussion ensued.  Steve, aye. John, aye. Don, aye.  Don will contact Michael Baldino and set up a meeting.
5. Mark Webber’s proposal for professional services was reviewed and discussed.  A motion was made to accept Mr. Webber’s proposal.  The proposal provides independent contractor consultation services to the Town of Monterey subject to input from the Board of Selectmen as directed by its Chair.  The proposal would include, but not be limited to: interviews with town hall staff; review of past relevant studies and reports; discussions with interested parties, including: elected and appointed officials, residents, committee members and active regional town administration peers.  Steve welcomed the proposal as Mr. Webber is a Town Administrator familiar with the Berkshires and small towns with years of experience.  John feels that this hire would be just kicking the can down the road one more time to delay hiring a Town Administrator.  John voted no.  Steve voted yes and stated this will be a positive for the town as this would be someone that has actual small town Town Administrator experience versus the Collins Center that are applying boiler plate suggestions. Mr. Webber will be able to guide the Board successfully on their path to hiring a Town Administrator. Don, yes.  John no.  Steve, yes. The motion passed 2 -1.
6. At the request of the Police Chief a motion was made to appoint Shawn Tryon as the Emergency Response Coordinator appointment until further notice.  The motion was seconded.  Steve, yes.  John, no.  Don, yes.  The motion passed 2 -1.
7. Fiber at Bally Gally:  M. Noe was asked to look into installation of fiber at our rental property.  Fiber Connect has agreed to honor the reduced install rate and the tenants are agreeable to pay this $499 fee over 3 years.  A motion was made to have Fiber Connect provide the service and amend the current lease to include repaying the $499 over 3 years.  Steve, yes.  Don, yes.  John, aye.  The motion passed unanimously.
8. Counsel’s response/opinion with regard to John’s question from an earlier meeting about appointment terms for various positions.  John did not remember questioning this and seeking guidance, once reminded he then stated that MGL requires the Fire Chief be appointed for a maximum 3 year term.  The item was not discussed further.
9. Creation of Historic District Study Committee and approval of invitations to appropriate entities to make their recommendations for appointees.  Letters were drafted to the Massachusetts Association of Realtors, Monterey Historical Commission and the Western Massachusetts American Institute of Architects as is required under MGL.  A motion was made to send the letters as drafted.  Discussion ensued, John asked to verify the addresses.  Steve, aye. John, aye. Don, aye.  A motion was then made to create the Monterey Historic District Study Committee.  Steve, aye.  John, aye.  Don, aye.
10. Milfoil article 8/20 Berkshire Eagle with relation to Lake Garfield:  Don added this item to the agenda because Monterey’s lake was mentioned.  Steve added that the article was not complete and proceeded to explain the positive effects of diver assisted suction harvesting on a yearly basis (even when it has died back) to prevent larger outbreaks.
11. Steve praised the Police Department’s handling of traffic control during Dick Tryon’s memorial service. HeSteve reminded the public to inform the Police Department when having an event of any type where cars may be parking on the road to avoid any traffic/parking issues.  It was suggested that this be the topic of next month’s Select Board corner.
12. Administrative items:
    1. EOPSS grant: M. Noe reported that she applied for a grant for PPE (personal protective equipment) for the fire department and was awarded $24,119.35.  The Board thought this was terrific and thanked M. Noe and Shawn Tryon.
    2. FEMA grants: M. Noe reported that she has also received approval for $6,662.91 in grant monies she applied for.  Again the Board thought this was terrific.
    3. Fraud protection and detection policy draft:  The proposed changes were discussed.  John made a motion that Town Counsel should review it prior to adoption.  Steve, yes. John, yes.  Don no.  The motion passed 2 – 1.  Don provided his small edits and the final copy was unanimously approved for adoption.
    4. Cell phones and town business:  The Board reviewed the memo prepared by M. Noe which outlines her recommendations for town cell phones for essential staff and the associated costs.  A motion was made to accept the plan as proposed by M. Noe.  Steve, yes.  Don, yes.  John, no.
    5. The Board signed the Amended affordable housing restriction for Gould Farm.
    6. The Board signed the Amended ESA agreement for the Berkshire Electrical Aggregation.
    7. Chapter 90 projects:
       1. Art School Rd emergency culvert
       2. Tyringham Rd emergency culvert
       3. Fog sealing (multi roads)
       4. Stone sealing (multi roads)
13. A motion was made to approve the minutes of 8/19/20.  Steve, yes.  Don, yes.  John, no.
14. The Board met with Dennis Lynch, Caroline Massa of Berkshire Regional Planning Commission and Shawn Tryon to review the RT 23 culvert design/options. Dennis, Caroline and Shawn went over the 4 proposals and pricing.  No vote is required tonight.  This will require an additional grant application to FEMA.
15. Special town meeting:
    1. October 24^th at 2pm was suggested as a potential date.
    2. Possible items for the special town meeting warrant:
       1. Recall bylaw:  This was voted to be included at a previous select board meeting.
       2. Possible FY20 bills from the Parks Department and maybe the Community Center, no formal requests have been made yet however the Administrative Assistant has seen some FY20 bills come through for these departments in the last month.
       3. Freightliner M2’s:  The Board reviewed the summary put together by Shawn and the Administrative Assistant.  These were originally supposed to have been on the annual town meeting warrant but due to COVID the Select Board, Finance Committee and Director of Operations all agreed to waiting and putting these on a fall special town meeting warrant.  Sources of funding to pay for the trucks were discussed.  A motion was made to include the trucks on the special town meeting warrant.  Discussion ensued.  The motion was seconded.  Don, yes. Steve, yes. John, no.
       4. Fire Department rescue boat: The Board reviewed the summary put together by Shawn and the Administrative Assistant.  Steve said he would support adding this to the warrant if an effort is made to sell the unsuitable airboat we currently have.  A motion was made to include the rescue boat on the fall special town meeting warrant providing the airboat is sold.  The motion was seconded. Steve, yes. Don, yes. John, no.
16. Shawn reported that the Fire Department participated in an offsite training last weekend and realized the need for more interior training.  Shawn is requesting permission to use the interior of the school house.  No damage would be done and the Fire Company would clean any mess made.  Shawn will put the proposal in writing explaining the possible effect on the building.
17. At this point the public was given an opportunity to ask questions.  No one had any comments.
18. Steve reported that he participated at the in person voting yesterday in Town Hall and commented that it was very efficient and safe and wanted to thank everyone that participated in achieving this goal.  Don agreed totally and added that it was also a very pleasant atmosphere.

A motion was made and unanimously approved to adjourn the meeting at: 5:56pm

Submitted by:

Melissa Noe, Administrative Assistant

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. Mark Webber proposal
2. MVP culvert options and pricing
3. 4 Chapter 90 requests
4. Highway truck and fire department boat summaries
5. Letter to MBI
6. Emergency Response Coordinator
7. Counsel opinion on appointments/terms
8. Fraud prevention and detection policy draft
9. Town cell phone proposal
10. Amended affordable housing restriction for Gould Farm.
11. Amended ESA agreement for the Berkshire Electrical Aggregation