Monterey Select Board
Minutes of the meeting of 12/1/08
Meeting Opened at: 4:00pm
Select Board Members Present: Wayne Burkhart, Chairperson, Scott Jenssen and Jon Sylbert
Also in attendance for parts of the meeting: Sue Protheroe for the Monterey News and Michael Storch (Finance Committee/Broadband Committee/Employee Compensation Committee member)
The board met with the Director of Highways, Maynard Forbes and reviewed the following items:
1. The Board discussed with M. Forbes the need for a maintenance contract thru Andrus Power Solutions for the generator. The Board felt that the Highway crew could handle this but M. Forbes stated that they can change the oil but can’t service it. M. Forbes felt that it would be a good idea to enter into the contract.
2. The Board asked if the “hidden driveway” signs posted on Fairview Rd were too high and M. Forbes stated that because the ground was frozen the crew were unable to get the posts in any further but they will rectify this soon.
3. The Board asked if the crew could move the outside motion detectors for the lights so that it will sense you when coming out of the Town Hall vs when you are ¼ of the way across the parking lot.
4. The Board asked if M. Forbes had received a copy of the proposed common driveway bylaw changes. M. Forbes confirmed that he was sent a copy by M. Noe. The hearing for this will be held at the Planning Board’s December 11th meeting.
5. Brown oil contract: it was confirmed that Monterey is in a contract for $3.57/gallon for heating oil (which was made verbally). The Board will sign the requested document and send it back to Brown Oil.
6. M. Forbes was asked who was the proper authority or department to call when a tree has fallen; the Police should be called, they will then determine whether to call the power company or the highway department.
The board met with Town Accountant, Barbara Gauthier to review the following items:
1. Warrants were signed.
2. B. Gauthier came in to speak with the Board regarding a letter concerning the septic loan repayment program. The Town has $8,428 available (from a deferred payment loan program from many years ago) for home repairs, there aren’t any stipulations. B. Gauthier suggested that we go to the Berkshire Community Action Council (BCAC) to find out if there are any lower income families in Monterey that would qualify for the funds. The money was lent to homeowners and when they sold their house the money then had to be paid back. The program no longer exists so the money paid back to us was the funds remaining due to Monterey and it was recommended to turn the money over to a program that can determine a families needs. The money could also be used to fix the roof on Bally Gally.
The Board instructed B. Gauthier to inquire with BCAC to see if this is an option.
3. The Board asked B. Gauthier where the funds come from to pay Ray Tryon for the election set up; it comes out of the Meeting Hall line item (which has $935.00).
4. B. Gauthier questioned the Board about the money requested by the Building Inspector for additional time spent doing inspections beyond his normal working hours. B. Gauthier felt that since D. Torrico is a salaried employee that this additional money shouldn’t be paid to him (she referenced the $5000 “bonus” that the Director of Operations used to receive for snowplowing that was rectified by increasing his salary for additional work performed), she stated that this isn’t how it’s supposed to be done because when you are salaried you sometimes have to work extra hours. B. Gauthier will do whatever the Board instructs her to do in writing. See #2 under Building Inspector for additional conversation regarding this matter.
5. B. Gauthier inquired as to whether a bill had been sent directly to the Select Board for the Lake Garfield plant study; it has not. B. Gauthier has a call into P. Edelstein from the Friends of Lake Garfield regarding this.
The board met with Building Inspector, Donald Torrico and reviewed the following items:
1. D. Torrico spoke with the Board about the new trenching laws to take place and the process he and M. Forbes have agreed upon for permitting. Applications pertaining to public and private ways would be reviewed and by the Director of Operations. All other trenches would be reviewed and approved by the Building Official and the permit would be issued through the Building Department for both jurisdictions. There would be a fee of $35. It is up to the individual to apply.
2. D. Torrico submitted a bill to the Accountant for approximately $5000 for additional inspection fees above and beyond the Building Inspector’s normal operating hours at Kutsher’s Sports Academy. The camp has paid the monies to the Town already. D. Torrico reminded the Board that he spent all of his vacation time and additional hours above his regular work schedule. In July of 2008 (see 7/7/08 Select Board minutes and August letters sent to the camps documenting the increase). The Select Board established these fees. D. Torrico has documented all the time spent there above and beyond the hours he’s paid for working for the Town. It was D. Torrico’s understanding when the hourly rates were set earlier this year that the additional time spent at this camp
(or any camp in the future) would be charged to the camp (above the normal 10 hours it takes to perform a camp inspection) would be paid to the Town and then paid to D. Torrico for his time. S. Jenssen and J. Sylbert agreed that this was their understanding and that D. Torrico shouldn’t be punished for giving up his vacation to help the camp meet compliance. W. Burkhart did not agree with this and stated this was not his understanding and felt it was unethical and he agreed to the additional fees because he understood that the additional fees were to be paid to the Building Department not the Building Official. J. Sylbert stated that it would be unfortunate if Mr. Torrico was not paid for giving up his vacation, even if the Select Board wrongly offered to reimburse him. Any error on the Select Board’s part is not Mr. Torrico’s fault. D. Torrico is going to contact the Ethics Commission for an opinion on the situation. The Board
agreed that any additional monies paid to the Building Inspector really need to go before a Town Meeting vote for approval. It was noted that D. Torrico is paid $23k a year salary which D. Torrico states is based on a certain number of hours worked. Don stated that it would’ve been easier for Don to give all of the information to Town Counsel to take the camp to court and not allow him to open than to put in all of the extra time he did. W. Burkhart also wants the scenario reviewed and commented on by the State Building Inspector’s office and Town Counsel.
3. The Board reviewed D. Torrico’s recommendation to reappoint Robert Krupski as the Plumbing and Gas Inspector for a 2 year term. This motion carried unanimously.
4. The Board discussed the reappointment of the Electrical Inspector and the fact that complaints have continued to come in regarding the Electrical Inspector’s timeliness when responding for inspections. B. Gauthier noted that he is also not timely at turning over his fees collected. D. Torrico is going to interview interested applicants and give his recommendation to the Board. It was also noted that the Electrical Inspector has stated himself to the Select Board in an open meeting that he clumps together inspections so he doesn’t make multiple trips and this sometime causes a delay.
5. Raising building department fees effective January 1, 2009:
Plumbing and Gas Inspections: to be changed from a per appliance fee to $55.00 per inspection, unlimited fixtures. Surrounding towns all charge $55 per inspection. This increase would not be paid directly to the Inspector; it would go into the general fund.
Re-inspection fees for the Building Commissioner and sub-inspectors (currently assessed at $35.00) be raised to $55.00.
All plumbing, gas and electrical permit applications and fees be submitted directly to the Town Hall Inter-Departmental Secretary to be distributed to the appropriate inspector via fax. The Inter-Departmental Secretary will turn over the fees directly to the Treasurer when received. A department policy would be instituted that the application be sent to the inspector via email (a scanner will need to be purchased to do so) in the meantime they could be faxed to the inspector.
A motion was made to approve the above three recommended bullets effective January 1, 2009, this was seconded and approved unanimously.
6. Don reviewed the new regulations regarding trenching and the permitting process.
7. Don also provided the Board with new regulatory changes instituted after the Rhode Island nightclub. Ticket books will be provided to the towns from the State but in order to receive the ticket books the Town has to have a hearings officer. There is currently a regional hearings officer working out of Pittsfield that is covering several towns for a fee of $200 per fiscal year. The $200 covers the first 4 hearings and there is a schedule of where the fees collected through the hearings goes. It is a voluntary program that has been in effect since 2004 but it is an advantageous program for the Town to join as it would free up D. Torrico from attending certain Building Department hearings violations that fall under these new regulations. D. Torrico is taking a class on the
11th to better understand the new regulations and ticketing options available.
Miscellaneous Select Board Items Reviewed:
4. The Board approved the minutes from November 24, 2008 as written.
The Select Board reviewed Town Counsel’s response regarding appointing the current Planning Board Secretary as a replacement for John Sellew who resigned earlier this year:
“If a member of~a board is going to serve as a secretary, it would require annual~town meeting approval.~ In this regard,~c. 268A section 21A~provides that no member of a~municipal commission or board shall be~eligible for appointment or election by the commission or board.~ Although this appears to be happening in reverse order in our case, it would still result in a position~where an employee of the board is appointed by the~board; otherwise, the~board member, upon~becoming a board member, would have to resign until there was a town meeting.~ In terms of special municipal employees, not everyone is eligible, so it depends on the position.~ The Select Board needs to expressly classify such positions, which just means they need to vote on it.~The provision is G. L. c. 268A, section 1(n) and~the
limits are contained as follows:
~
(n) “Special municipal employee”, a municipal employee who is not a mayor, a member of the board of aldermen, a member of the city council, or a selectman in a town with a population in excess of ten thousand persons and whose position has been expressly classified by the city council, or board of aldermen if there is no city council, or board of selectmen, as that of a special employee under the terms and provisions of this chapter; provided, however, that a selectman in a town with a population of ten thousand or fewer persons shall be a special municipal employee without being expressly so classified. All employees who hold equivalent offices, positions, employment or membership in the same municipal agency shall have the same classification; provided, however, no municipal employee shall be classified as a “special municipal employee” unless he occupies a position for which no compensation is provided or which, by its classification in the municipal agency involved or by the
terms of the contract or conditions of employment, permits personal or private employment during normal working hours, or unless he in fact does not earn compensation as a municipal employee for an aggregate of more than eight hundred hours during the preceding three hundred and sixty-five days. For this purpose compensation by the day shall be considered as equivalent to compensation for seven hours per day. A special municipal employee shall be in such status on days for which he is not compensated as well as on days on which he earns compensation. All employees of any city or town wherein no such classification has been made shall be deemed to be “municipal employees” and shall be subject to all the provisions of this chapter with respect thereto without exception.”
A motion was made and unanimously approved to adjourn the meeting at: 6:10pm
Submitted by:
Melissa Noe, Inter-Departmental Secretary
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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