Select Board Meeting Minutes (includes executive session) 10/19/22

Minutes of the meeting of 10/19/22 – Open Meeting and Executive Session

Meeting date: Wednesday October 19, 2022

Meeting Opened at: 6:01pm

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

Select Board Members Absent: Scott Jenssen                             

Also Present: Melissa Noe, Mickey Jervas, Terry Walker, Ellen Coburn, Laurie McArthur (secretary)

Also Present remotely: Don Coburn, Jeff Zimmerman, Michele Miller, Ilene Marcus, Rebecca Wolin, Fred

Call to Order 6pm

Old Business

1. Hume lawsuit appeal: reply brief

This item came up at special town meeting.  Since the last Select Board meeting, we have learned that Jeremiah is open to doing the opposition brief at $180/hr capped at $2,700. Justin said that they could pay $4,000 for what has been done up to now, pay the full bill now, or pay no more than $4,000 in total for everything.  Justin was in favor of paying a total of $4,000 for all of the billing that been received up to now, being that was the original high end of the estimate for everything. 

Susan suggested giving the full amount of bill but have that include the cost of the opposition brief.  Justin shared his opposition to this idea. He said that in theory the $2,700 is valid for the opposition brief.  Justin thinks that he should be paid as long as it is not more than $2700 as a matter of principle, since he was up front about this additional work.

Susan said she was bothered that it went so far beyond the original estimate, and this should have been addressed earlier on.  He is billing us for hours already worked, but we have not seen any documentation for this.  She suggested a compromise to pay him and not have to file a complaint with the bar. 

Justin is comfortable paying $3,478 now, bringing the total paid thus far to $4,000, and said he does this with the understanding that the opposition brief will cost no more than $2,700. 

Justin wishes to contest the remainder of the bill because he feels we are not obligated to pay, and Susan was interested in learning what would be involved in contesting it. 

Motion to pay $3,478 to Jeremia Pollard of Hannon Lerner towards the invoice received 9/1/22-  Susan seconds. Vote: Susan yes, Justin yes - motion carries. 

Justin will tell Donna that they want the opposition brief which will be billed at an hourly rate.  They will pay up to $2700 for work completed on the opposition brief. When Scott returns, we will discuss if we want to make further payment on the first bill.

1. Draft policy: anti-discrimination and harassment

Justin did get the revised policy back to Sophia today.  He wants to send his edit to Melissa, Susan, and Scott and the Board can discuss it next week.  After the Board reaches general concensus we can then send it to Donna. 

1. Getting rid of remote meeting format for Select Board meetings

Tabled till next week when Scott returns.

1. Request from building department to raise inspection fees and payment to inspectors

Tabled, waiting to hear back for a revised proposal.

New Business

1. Board of Registrars vacancy

It is the select board’s responsibility to reach out to potential applicants.  This is tricky in a small town because Registrars are not supposed to hold any elected office. At least 2 of the 3 registrars are on other boards: Rebecca on library board, Scott on board of assessors. Justin said we should ask each Town party caucus for eligible candidates.  Susan agreed we should reach out to the 2 parties to ask for a slate.  Justin will reach out to the 2 parties. Melissa is going to follow up with the elections division to determine if Monterey is exempt from the provision that Registrars cannot hold elected office.  Monterey has fewer than 2,000 residents, but it is unclear if the exemption applies only to appointed positions, or elected office as well.

1. Sign State election warrant

Melissa presented state election warrant, Justin moves to approve the state election warrant for 11/8/22. Susan votes yes, Justin votes yes - Motion carries.

1. Town Clerk weekly report

Justin asked to call in Town Clerk to discuss this.  In the comment section, the Town Clerk said she resents the form because she is the only one who does it.  It was then discussed with Town Administrator, who said she will be rolling it out with other departments.  Susan said that other departments document and provide oral reports about progress made in their departments.  The Select Board was asking for more documentation to understand why more hours are needed.  Justin initially raised a concern because he felt we should roll out programs consistently across departments.  If we are getting a weekly report from one department we should get one from all departments.  Justin’s general sense is that this type of form is not going to generate a positive response from department heads.  Susan said she is fine with the form being revised.  She believes that conversations are useful, but is more data driven.  Susan said that if she is getting requests from the Town Clerk for more hours, then she needs to see what is not getting done and what is taking up the current schedule.  There is no way to substantiate this without data.  There are other departments submitting weekly reports with Melissa, the police dept. submits the call log, and the highway dept meets with Melissa and Sophia twice per week.  The building inspector’s computer tracks on-site visits.  Melissa feels that the revised form should be given a 3-month trial.  Susan said that if there are other ideas on how it should be changed, they should be put forward.  Justin said it would be better to have a paragraph report with no less detail in order to continue the conversation with the Select Board and departments where it is needed.  Melissa said that she respectfully disagrees that a summary would be easier.  Terry asked what the decision is for moving forward. Justin said that it is a split board. The discussion fleshed out some of what is going on, but no changes will be made from the current status quo.

1. Recommended temporary Transfer Station changes

Jim wrote to us about Casella Waste acquiring Valley Waste.  At the moment, they are not taking tires, refrigerated accessories, pressure vessels, and automotive batteries.  Susan said that Jim thinks they can handle refrigerated items.  Susan wrote to him on the 13^th about refrigerated items.  He said he was thinking about having someone come to drain Freon. Justin moves to approve the request, for time being to give Transfer Station permission not to collect fire extinguishers, propane tanks, tires, and automotive batteries. Susan- yes, Justin yes, motion carries.

1. Town Administrator items:
   1. Review and approve full time officer job description

Justin only had a change in a comma.  He moves to approve this police officer job description as amended with one additional comma.  Susan yes, Justin yes, motion carries.

1. New Conflict of Interest Law Online Training Program (response required)

Justin said that State Ethics Commission is announcing a new program where they will keep track of training on state ethics law to ensure that all employees have been trained but gives a local administrator the ability to send out reminders.  Current training will not be available once new program comes out later this year. Justin moved to start using new ethics training.  Susan, yes, Justin- yes, motion carries.

1. Police Chief recommendation(s) and set interview schedule with the Board

Melissa said they interviewed 2 candidates for chief. Brian Fahey - experience and extensive certifications were favorable.  Recommended that board meet with Brian and offer him the position of chief.  Susan said she thinks we should go with Brian because he presents well, good with people, good rapport with existing officers, pretty comprehensive knowledge after working here for 5 years, knowledgeable of town, put forward a number of proposals for what should be rolled out in PD.  Seemed tailored to town and this dept.  She has been impressed by his ability to deescalate situations and handle situations involving conflict.  Justin said that his sense is that if both applicants interviewed well, then the Board should interview both candidates. Justin said it is the due diligence of the Board to interview both candidates. Interviews for both candidates will be scheduled for next Thursday during the day.

1. Meeting day before Thanksgiving and providing day after Thanksgiving off to employees

Justin spoke about the Select Board meeting the Wednesday prior to Thanksgiving. He said if we wanted to agree now to skip that week (November 23^rd) we can do that.  It was said that the day after Thanksgiving is given off for full time employees.  It was considered a floating holiday. If you take the day after Thanksgiving, off you do not need to take vacation and will be paid.  Move to offer the day after Thanksgiving off to full time employees. Susan-second. Susan yes, Justin yes, motion carries.

1. Draft memo regarding Town Administrator

Melissa respectfully requested that this memo be approved to clear up remaining confusion regarding her supervisory role as Town Administrator. 

Justin said he has been thinking about this, and he is aware that the course the Town is headed down. The town administrator is supposed to supervise each department head, and he does not believe this is the best way for the organization to move forward.  Justin recounted that he spoke with Melissa about what kind of changes would be enacted, and it has become clear that if we move forward with the Town Administrator overseeing all dept heads then it takes the Select Board out of the decision making process. Justin does not think that this would be a positive development. Justin is not in favor of this memo, and thinks that the Board should reconsider the role of the Select Board and the Town Administrator in the Town government before continuing this plan.

Susan said that this is typically what is seen in other towns with the Town Administrator being in charge.  Justin said that he does not think that this is the way Monterey should go.  He does not think that this is the best course for the town or town government. 

Susan asked Justin what he saw instead?

Justin explained that he saw the role of the Town Administrator as the day-to-day full time professional which departments could go to for information and assistance,  But that the Select Board should ultimately work closely managing each Department head. He does not believe that this responsibility should be delegated to the Town Administrator.  He thinks it could be possible to work a middle ground.

Susan sees a couple of potential short term problems - Halfway through a contract with the Town Administrator, so it could be awkward to alter those duties at this time.

Susan said her 1^st concern would be trying to do annual reviews in open meeting.  Human Resources handles some of that, but by removing supervisory authority from the TA, the Select Board would wind up having to review them all in open meeting rather than only dealing with serious matters.  No one has put forward a way to maneuver past this.  She agrees it is important to bounce ideas off of each other. Her 2^nd concern was trying to get manage personnel when the Select Board only meets two to four times per month.  If you take the responsibility of managing depts away from the only full-time person, then it could take weeks and weeks to get something solved.

Melissa said that she would be coming to the Board with a weekly report of all of the individuals who are being managed.  She is there to help with ensuring that things get done.

Don Coburn said that the Collins Center recommended a town administrator, the town decided to have an administrator, voted, and approved the town administrator.  She has the ability to supervise and why they would be taking this away from her is surprising. 

Justin said that he is not interested in getting rid of the Town Administrator position, but he thinks strongly that the Board should reconsider its options before going along with the plan that has been set by previous Boards. Justin thinks that the Select Board is involved and capable of being a good force in management and leadership of the town. 

Justin said we have been getting recommendations from Melissa which mostly have been approved, and at the least the Board has been giving her recommendations fair consideration.  Justin thinks this review and approval by the Board is a valuable piece, and he thinks it is worth keeping. 

Susan said that when they did the organizational chart, the Town administrator oversees all departments.  We have been functioning that way and it seems awkward to change this. 

Justin asked what is the best way to move forward?  Susan suggested that they let the Town Administrator move forward with her current supervisory powers until the contract is over.

This item will be tabled until Scott’s return.

1. Amend Police Chief job description to include Animal Control Officer and harbormaster

Motion to amend the job description of the Police Chief to include Animal Control Officer and Harbormaster. Susan - yes, Justin - yes, motion carries.

1. Amend Director of Operations and Town Clerk job descriptions to correct direct report

This item was tabled until Scott was present.

1. Senior tax work-off appointment to the Swap Shop: Kathleen Frome

A motion was made to appoint Kathleen Frome as a senior tax-work off position at the Swap Shop. Susan- yes, Justin yes- motion carries.

1. American Rescue Plan Act proposals received
   1. As previously received and new proposals from the Police Department, Renewable Energy Working Group, and Historical Society

Tabled until Scott returns.

1. Review Select Board policy regarding Select Board decisions

Susan expressed concern that the Board spends weeks discussing an issue, following OML, finally reaches a decision, and then it is immediately questioned and we have to go through the whole process again.In addition, we have not always adequately followed our policy of following up important meetings with letters, making those items less enforceable.She hopes that we can do better in future.

1. Review Select Board policy concerning communication

This item was discussed in conjunction with the above item.

Correspondence, minutes, public comment

1. Review mail & correspondence received or to be sent
   1. 10/16/22 email from Carol Edelman re: fog sealing on Hupi Road

Justin said that she mentioned that the fog sealing process was a nuisance and a bad smell.  The Town will keep this feedback in mind going forward.

1. 10/11/22 letter from the Attorney General: approval of Warrant Article # 24

The AG’s office informed the Town that the Warrant Article was approved, it was a revision to the Bylaw Review Committee bylaw.

1. Fiber Connect news update

The Board reviewed an update that Justin drafted about the Fiber Connect news. Justin will put it in the Monterey News. 

1. Approve minutes of 9/28/22, 10/6/22, and 10/12/22

Justin moved to approve 9/28/22 minutes as amended. Justin yes- Susan yes.  Minutes from 9/28/22 approved.

Justin moved to approve the 10/6/22 minutes as amended. Susan votes yes, Justin votes yes.  Minutes from 10/6/22 approved.

Minutes of 10/12/22 were tabled to a future meeting.

1. Unanticipated business

Melissa requests an increase in the spending limit of the Balley Galley revolving fund of $ 785.28 to cover the purchase a new refrigerator. So moved. Justin votes yes, Susan votes yes, motion carries.

1. Comments & questions from the public

Mickey Jervas asked about the bond signing scheduled for next week.  Melissa has an email out to the treasurer and the signing will take place when the Town Clerk and Treasurer are present.

Ellen Coburn said that in October 2021 a complaint was filed against her with the Select Board and she responded with a lot of documentation.  She did not receive a response from the Select Board and it has been a year.  She feels it is still pending but has not received any notification.  Justin replied to Ellen that the Select Board is chief executive of the town and it manages employees, not private citizens.  Ellen wants a letter stating that the complaint is not pending. Susan said this preceded her time on the Board. Ellen feels she deserves closure at this time because as far as she knows the complaint is still pending. Justin said he will take it into consideration.

1. Executive Session pursuant to G.L. c.30A, § 21(a)(7), to comply with or act under the authority of G.L. c.30A, §§ 22(f),(g), to review and approve executive session minutes of 9/21/22 and 9/28/22

A motion was made to convene in Executive Session for the purpose of reviewing, approving, and potentially releasing the executive session minutes of 9/21/22 and 9/28/22 and not to reconvene in Open Session after the conclusion of the Executive Session. Susan yes, Justin yes, the motion carries.

Present for the executive session were Board members: Susan, Justin. Scott was not present. Also present: Melissa and Laurie.

The executive session minutes of 9/21/22 were reviewed and amended. Motion to approve 9/21/22 exec. session minutes as amended, and not to release to the public at this time. Susan votes yes, Justin votes yes, motion carries.

The executive session minutes of 9/28/22 were reviewed and amended. Motion to approve 9/28/22 exec. session minutes as amended, and not to release to the public at this time. Susan votes yes, Justin votes yes, motion carries.

Motion to adjourn exec session and meeting. Motion approved unanimously. Meeting adjourned at 8:34pm. 

Documents used at the meeting:

1. Email advice from Donna re: Hume lawsuit appeal - reply brief
2. Advice from the State re: Board of Registrars vacancy
3. Town Clerk weekly report
4. Recommendation from the Director of Operations - temporary Transfer Station changes
5. full time officer job description
6. New Conflict of Interest Law Online Training Program (response required)
7. Police Chief hiring recommendation
8. Amended Police Chief job description
9. Draft memo regarding Town Administrator
10. 10/16/22 email from Carol Edelman re: fog sealing on Hupi Road
11. 10/11/22 letter from the Attorney General: approval of Warrant Article # 24