Monterey Select Board
Minutes of the meeting of 1/26/09
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, Barbara Gauthier (Town Accountant), Michael Storch (Fin Comm, E.C.C.), Maryellen Brown (Fin Comm), Daniel Moriarity (Fin Comm), Stanley Ross (Assessor), Raymond Tryon (Fire Chief), Stefan Grotz, Brian Puntin (Planning Board member), Shawn Tucker, Mike Parsons, Attorney Phil Heller, Robert Lazzarini (Assessor)
4 – 4:15pm. The Board held a classification public hearing with the Board of Assessors to establish the percentage of the local tax levy to be borne by each class of property for Fiscal Year 2009. Stanley Ross, Assessor stated that the Board of Assessors recommend using a single residential tax rate. A motion was made by J. Sylbert to accept a single residential tax rate. S. Jenssen asked what the difference would be if this wasn’t accepted; S. Ross gave an overview. The motion was seconded and unanimously approved.
The board met with Town Accountant, Barbara Gauthier to review the following items:
1. Expense reports were handed out.
2. The Board had asked B. Gauthier to come in to review the current benefits offered to the Town Clerk position. Since this position is up for re-election and the current official has stated (unofficially) that she will not seek reelection the Board feels that this would be the time to make any necessary changes to the position, job description, salary and benefits;
a. B. Gauthier recommended that the Board set a policy effective July 1, 2009, that all part-time and/or elected officials will no longer be offered or eligible for health insurance through the Town. B. Gauthier stated that this is the time to do this since the current elected official will not be seeking reelection and it’s important for anyone running to know that this benefit will no longer be offered. B. Gauthier spoke with Town Counsel back in April of 2008 and received supporting court cases (copies were provided to each Board member) that state that this can be done by a Select Board vote. Town Counsel stated that it is at the Select Board’s discretion to exclude elected employees from group health even if they had been approved in
the past. It originally was offered to the current elected official through a Select Board vote. M. Storch stated that the person currently in this position will be able to receive Medicare once she is no longer employed through the Town. B. Gauthier informed the Board that if this benefit were offered to person coming into this position it would be at a minimal cost of $13,000/yr and would require that the benefit be offered to all elected officials. The Board asked B. Gauthier to find the wording the Select Board had used originally to put this policy into place so that they could just revoke the policy. B. Gauthier knew that it was when Gige O’Connell was a Select Board member but she wasn’t sure of the date. S. Jenssen stated that this was also a recommendation of the Employee Compensation Committee (which will be meeting with the Board on the 2nd of February), he also informed the Board that the Committee will also be
recommending that the Select Board modify the job description for the Town Clerk position above and beyond what is required by the State so that the Board will be able to set the parameters of when the office needs to be open and available and where the office will be located (the town hall not from an elected officials home as all of the records and computers are at the Town Hall) as allowed by law.
3. B. Gauthier informed the Board that the State called her regarding the letter that was sent concerning the ice storm. He wanted to know how the Town was planning to pay for the damages done. B. Gauthier asked if the Board had any preference as to how it would be paid; currently it was all taken out of the snow and ice account. Discussion ensued.
4. J. Sylbert asked B. Gauthier what the excess levy capacity was at the end of FY08. He needs this information for the Select Board report he’s writing for the Town Report. She will get this information to him at a later date.
5. The bill from Foresight Land Services for the town beach survey was approved and given to the Accountant to pay. The Board asked M. Noe to call John Campetti to confirm that he met with Town Counsel to review the findings of the survey. John stated that he is in the process of scheduling an appointment with him.
6. B. Gauthier asked if any of the Board’s members had noticed that the Fire Company was no longer using “LTD.” After Monterey Fire Company. No one else had noticed this.
7. Warrants were signed.
8. B. Gauthier asked what the status was with the salt shed. J. Sylbert stated that the Board had sent several letters and they are waiting for a response.
5:00 – 5:38pm
1. The Finance Committee (all members were present) and the Select Board declared a snow emergency which will allow the Accountant to continue paying bills out of line item 423 (salt & sand) even though the town has exceeded the budgeted amount. A motion was made, seconded and unanimously approved by the Select Board and Finance Committee.
2. The Committee apologized for being a bit late with sending out the budget request forms from the original budget request timeline that was agreed upon in December. A new timeline and letter were given to the Board to review. The new date to turn them in to the Finance Committee will be February 11th. The Committee feels this gives them more than enough time to meet and review them prior to submitting them to the Select Board with their recommendations. A letter from the Governor regarding his budget cuts is also going to be included in the packet to all the departments. The Committee will be distributing these tomorrow (1/27/09).
3. M. Storch asked if the Board had any philosophical beliefs on how the Finance Committee should proceed. M. Brown stated that she would hate to see the term “level funded” tossed around since the school is on the 3rd year of their 3 year contract which includes raises for their staff, she did not feel that the town should reduce it’s obligations to cover raises to the school budget and not include your own employees. J. Sylbert asked B. Gauthier if any more debt exclusions would be lost. None were lost but 2 were being picked up from the trucks purchased and approved at the May 2007 Town Meeting. J. Sylbert did not feel it looked like a very good year but he wasn’t suggesting level funding. The Finance Committee asked to have a special meeting with
the Select Board for about an hour to look at the overall budget (this has been scheduled for 6pm to 7pm on Monday, February 2nd). J. Sylbert felt that the letters to be sent out really needed more information than a figure from last year and a blank for their request this year. The loss in state revenue for this year as well as the future loss in revenue should be included in the packets. Discretionary funds were discussed and a definition of what “discretionary” meant to the Boards were reviewed. D. Moriarity felt that the Boards would need to look at their budget requests through the eyes of the current economical situation.
4. The Finance Committee also wants to discuss at a later date the $5000 in additional monies that were paid to the Building Inspector earlier this year and the Tree Warden position. The person currently in this position has stated that he is not running again.
5:38 – 6:20pm: Shawn Tucker, Mike Parsons and Attorney Phil Heller presented the following informal affordable housing project for a location off of RT 57 at the end of West Rd. The applicants stated that they discussed this with the Affordable Housing Committee earlier this month and are planning a future site visit with them.
Shawn Tucker owns 14 acres at the end of West Rd. and is proposing to build a 16 lot subdivision through Section 40B which would require that 25% of the lots be designated as affordable housing (4 houses). There would be a lottery process for the affordable homes. This property is located in the Agricultural Residential district. The applicant will be applying with the Zoning Board of Appeals as this will be a “Friendly 40B” and the lots will not conform to the current zoning bylaw/building requirements for Monterey. The proposed lots will be .03 – 1 acre with 60-180 feet of road frontage and will not conform to the town’s setbacks. Each lot will have its own septic system and they plan to have properties share wells. They will also be asking for waivers under
the subdivision control bylaws with regards to the length and width of the road. They are applying under a special program (LIP – Local Initiative Program) which will require the Select Board’s approval before they will be allowed to proceed with their proposal.
Mike Parsons showed a proposed plan to the Board. The main egress will be up West Rd. The traveled way is currently only 12 ft wide which does not allow 2 cars to pass. SK Design will be hired to do the engineering. Brian Puntin asked that the applicant’s be aware that the Affordable Housing Committee is not a town appointed board. The Board stated that before they could make any decisions the applicant would need to meet with all of the other town boards (Board of Health, Conservation Commission, Highway Department, Planning Board, etc). The Board also wants to fully understand their obligation through the LIP and what a Select Board endorsement allows the applicant to do and not do. Attorney Heller explained that a formal presentation will be made to the Select Board once
they’ve met with the other town Boards. They will require an eligibility form which will only be issued if the Select Board states that this is an acceptable project for the Town, if these items are not received then they would not be allowed to present this before the ZBA. Attorney Heller asked if this is something that the Select Board is interested in them pursuing. J. Sylbert stated that this is not their decision to make it’s the job of all the other board’s to determine if it fits the town’s needs and then the ZBA will be the deciding factor.
The average house will be 1400 square feet, stick built and the project will go out to bid. The affordable houses will have a set price and there are formulas and rules for the entire process. It was suggested that the Affordable Housing Committee be made a formal committee before this moves forward. Road maintenance with regards to the existing people on the road was questioned. Mike stated that the current association is haphazard and not everyone pays; there will be a homeowner’s association which will maintain the roads for the homes being built and he believes it will fall to them to maintain the road leading up to the development. The land the homes will be built on will have a right of way to Lake Buel; if it’s subdivided each lot will have to be granted a right of way to
the Lake.
The board met with Inter-Departmental Secretary, Melissa Noe to review the following items:
1. M. Noe provided the Board with a list of “clerical” errors that were found in the Town Zoning Bylaws. The Board was very pleased with the work done to find these and they are going to pass them along to the Planning Board with a suggestion to correct them at their upcoming special town meeting in March.
Miscellaneous Select Board Items Reviewed:
1. Ray Tryon came in to inform the Board that he is under the understanding that the Pittsfield Fire Department has yet to accept us into their group to use their Hearings Officer under the 304 Ticketing Process, the letter was sent from Monterey on January 5th. D. Torrico was called; he will look into it in the morning.
2. A motion was made, seconded and unanimously approved to appoint Frederick Chase of New Marlborough, as recommended by the Building Commissioner, as the Wiring Inspector to start in February. This originally was done via email on January 20, 2009 and made official at today’s meeting.
3. The minutes from 1.12.09 were approved as amended.
A motion was made and unanimously approved to adjourn the meeting at: 6:22pm
Submitted by:
Melissa Noe, Inter-Departmental Secretary
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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