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Select Board Meeting Minutes 12/15/08
Monterey Select Board
Minutes of the meeting of 12/15/08

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, Michael Storch (Finance Committee and ECC Member), Dan Moriarity (Finance Committee Chair) and Janet & Hillel Maximon

The board met with the Director of Highways, Maynard Forbes and reviewed the following items:
1.  The ice storm on Friday caused some major damage from ice on Chestnut Hill, Beartown Mountain Rd, Cronk, Art School, Griswold, Fairview, Brett and Mt. Hunger.  There’s a list of roads that were closed due to downed trees and there were also some washouts.  Everything was reopened and passable with the exception of Brett Road by Saturday morning.  M. Forbes commended National Grid on a job well done.  M. Forbes was not sure if everyone had power back yet.  Chief Backhaus expressed some concern over how some things were handled by the tree crew hired by National Grid.  The highway crew worked about 36 hours straight during this storm; the Select Board commended them on a job well done.  The crew will be pushing everything back this week and M. Forbes plans to hire a crew to chip up all of the trees.  An emergency was declared in Monterey on Friday by the Select Board so Monterey should be reimbursed a percentage of the expenses caused by the storm from FEMA.
2.  An email was received from a resident on Beartown Mountain Rd with concerns about Fairview and Beartown Mountain Roads.

The board met with Building Inspector, Donald Torrico and reviewed the following items:
1.  After reading the recommendation from the Ethics Commission regarding a recent issue concerning additional inspection times and payments made; a motion was made by Jonathan Sylbert to follow the state ethics commission’s recommendation to exempt the Building Commission from Chapter 268A Section 20 of the Mass General Laws in order to allow compensation for extra inspectional work in addition to salary, this motion was seconded by Scott Jenssen and the following discussion ensued: The Board reviewed the Special Town Meeting Warrant from January 29, 2006 and determined that the intent of article 5 was to raise the hours of the building department from 10 to the current 14 and his pay would be kept at an hourly rate of $30. D. Moriarity, Chair of the Finance Committee confirmed that this was his understanding of article 5 at the 2006 Special Town Meeting. A former select board member present also recalled this as the case. W. Burkhart was under the assumption that his position was a salaried position not an hourly position.  W. Burkhart opposed the motion; it carried 2 to 1. At Wayne’s request the Town Accountant, Barbara Gauthier was called and confirmed that the letter from the ethics commission was sufficient to allow her to pay M. Torrico. A motion was then made by Jonathan Sylbert to pay Mr. Torrico for the additional work as agreed by the Select Board before the work had been done, the motion was seconded by Scott Jenssen and opposed by Wayne Burkhart, the motion carried 2 to 1.

The board met with Police Chief, Gareth Backhaus to review the following items:
1.  False alarms on: Beartown Mtn Rd (2), Sylvan Rd, Mt Hunger Estates (2)
2.  Trespass complaint on Beartown Mtn Rd; the vehicle was towed as it was unregistered.
3.  Abandoned 911 call on Mt Laurel Way.
4.  Served a couple of summonses.
5.  MVA on Fairview Rd.
6.  Trees across the road on Tyringham Rd (prior to the storm) and wires across Sandisfield Rd (also prior to the storm).
7.  The storm created a lot of well being checks, wires and trees down and false alarm calls.
8.  Chief Backhaus stated that Lake Buel rose approximately 13 inches due to the storm.
9.  The Board thanked the Police Department for their hard work during the storm.

The board met with Inter-Departmental Secretary, Melissa Noe to review the following items:
1.  Time off request was approved.

Miscellaneous Select Board Items Reviewed:
1.  The Board met with D. Moriarity and M. Storch of the Finance Committee regarding the following:
        a.  Extra pay to employees that work beyond their posted hours for their job description.  D. Moriarity stated that the underlying problem with this situation that has occurred requiring this discussion needs to be dealt with and be clearly defined.  With regards to the Building Inspector there needs to be a history presented along with his current and additional responsibilities.  One of the issues to be discussed and determined is whether it is a salaried or hourly position.  J. Sylbert suggested that it be treated like the Town Counsel’s salary; an additional line item would be added for expenses that go beyond the normal job description (in the case of Town Counsel this could be unanticipated lawsuits, etc).  The Finance Committee is going to meet and research the issue and will get back to the Board with their recommendations of a good common sense solution.
        b.  The proposed budget calendar was reviewed and amended.  A copy will be forwarded to the Finance Committee.
        c.  Dan requested a joint meeting with the Monterey Health Agent, Conservation Commissions and Select Boards of both Monterey and New Marlborough.  Lake Buel Watershed Committee will set up and host the meeting.
2.  Hillel and Janet Maximon, Monterey residents came in to discuss the following with the Board:
        a.  His email sent regarding their concerns for their safety and other’s safety on Beartown Mountain Road right after the bend; there are two large tree stumps that only allow one car to fit through.  He spoke with Maynard about the issue. M. Forbes has informed the Board that the majority of time spent so far has been to clear the roads and get the impassable ones open again, then the phone and electric companies come in and restore the power, then the Town or someone has to come clean up all of the storm damage (stumps and branches left).  Hillel is concerned that because of the storm debris there is only enough room for one car to pass.  Hillel suggested that until the highway crew or someone can come clean up the debris that orange cones should be placed to warn people.  He also complained about the gully that was on Fairview Rd that a car could’ve gotten lost in that no orange cones or “warnings” were set out for. Mr. Sylbert explained to Hillel that the road crew would need to hire a tree service company and a chipper to clean up the roads, and this would be done as soon as all roads were passable.
        b.  Hillel and Janet wanted to commend the Police Chief and Officer Martin.  On Friday, Hillel called M. Noe at the Town Hall and expressed his concern at being blocked in on Beartown Mountain Rd and not having any emergency preparations.  M. Noe offered to have the Police Chief make a well-being check on him and Hillel stated only a phone call was necessary to his cell.  Hillel stated that the Police Chief and his wife showed up on Friday night at 8:30pm and offered to help them get to an alternate accommodation and offered to help get some food to them.  An hour later, Officer Martin dropped off 2 bags of food to make sure they survived the power outage and emergency situation.
3.  The Board decided to make a decision on the ZBA alternate at next week’s meeting.
4.  The Board agreed to cancel the Select Board meeting scheduled for Monday, December 29th due to one member not being able to attend and it being the holiday season.

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

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