Monterey Select Board
Minutes of the meeting of 3/2/09
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: Barbara Gauthier (Town Accountant), Pat Mielke (Treasurer), Daniel Moriarity and Maryellen Brown (both members of the Finance Committee)
The board met with Town Accountant, Barbara Gauthier and Finance Committee members, Daniel Moriarity and Maryellen Brown to review the following items:
1. Warrants for 2 weeks were signed; Treasurer will be on vacation.
2. The Board reviewed the history behind the change in line item #163 which at the May 7, 1994 Annual Town meeting was broken down as follows:
- Registration: $350
- Street Listing/Census: $1800
- At the May 6, 1995 meeting line item #163 was broken down as follows:
- Registration: $350
- Street Listing/Census: $2000
- At the May 4, 1996 meeting line item #163 was broken down as follows:
- Registration: $350
- Board of Registrar’s Clerk: $5000
- Registrar’s Expenses: $300
The Board reviewed an email from Town Counsel dated February 3, 2009 which advised “Clerk of Board of Registrars: Under the enabling act, the Town~Clerk, in~serving as the Board of Registrars Clerk~can be compensated~only the $50 per $1,000 voters- the statute provides that the clerk "when a member of the board of registrars, shall act as clerk thereof, and shall keep a full and accurate record of its proceedings and shall cause such notices as the registrars may require to be properly given." See. G. L. c.~51, section 23.~ The town clerk's~compensation for such duties, in addition to the town~clerk's salary, is as follows "[$50 per 1,000 and] the total
payment for such service as a member of said board shall not exceed fifteen hundred dollars in any year”.~ See G. L. c. 41, section 19G.~ That is the description of the clerk to the~Board (the town clerk)~and the statute is clear as to the limits.~ The~Board of Registrars, may, but does not need to, hire an Assistant Registrar pursuant to G. L. c. 52, section 22, and compensate~the assistant~for~his or her~services.~ Assistant Registrars are appointed by the Board of Registrars.~ Failing a town meeting vote to authorize the Board~to hire~one of its own members, the town clerk would be ineligible to serve, as it would be a conflict of interest pursuant to G. L. c. 268A, section 23(b)(2).~~That section prohibits a board member from appointment to a paid position under the~board's supervision.~ Accordingly, the line item should be for the $50 per $1,000 for this position, and yes, it is a function of the town clerk- in this regard, it can't be someone other than the Town
Clerk.~ If we hire assistant registrars, they cannot be members of the board, as it is a conflict of interest.~ I am attaching some of the statutes referred to above.”
3. J. Sylbert asked how the septic loan program works. P. Mielke will get the information to the Board once she returns from vacation.
4. Each FY10 Budget line item was reviewed and the following recommendations were made:
a. Line #141 “Assessors Clerk Salary” was changed to “Assessors Clerk” since it is an hourly position and not salaried.
b. Line #141 “Assessors Computer” was changed to “Assessors Software” to show that it is for renewing of software licenses and software purchases, not replacing computers.
c. The Board and Finance Committee reviewed the Employee Compensation Committee’s recommendation that the Select Board revisit the separation/consolidation of the Board of Registrars Clerk and Town Clerk line items as they are related to a single position. The Finance Committee reviewed Town Counsel’s response on the matter (see item #2 above). The Finance Committee determined that the Board of Registrar’s Clerk falls under the Town Clerk’s position.
d. Line #162 was increased by $1,000. Line #164’s name will be changed to “Street List/Census” from “Board of Registrar’s Clerk” and $2000 will be allocated. Line #164 “Board of Registrar’s Expenses” will be changed to “Street List/Census Expenses” and will be allocated $750.
e. The Finance Committee questioned why a town of our size with a part time Town Clerk has a paid part time Assistant Town Clerk. It was determined that if the Town Clerk were to become ill and couldn’t perform her duties, a replacement would be paid out of the salary of the Town Clerk and therefore line item #165 “Assistant Town Clerk” and “Assistant Town Clerk Expenses” are not needed and will be eliminated. The Board and Committee agreed to call Linda Thorpe (since she has stated she will be running for the position and anyone else interested in running for this position) in to a future meeting to review their understanding of the changes the Board and Committee are proposing to the Clerk’s department budget line items.
f. Line #175 Planning Board expenses was level funded to $250. The Board already has a special article item which can be used for contracted services. The Board is going to let the Planning Board know they already have the money and do not need to request additional.
g. Line #’s 220 & 222 were held for more information from the Fire Department.
h. Line item #293 “Animal Control Expenses” was lowered to $750. (note: the ACO never submitted any budget requests)
i. Line #296 was discussed and whether or not the Tree Warden could be paid or not. Roger Tryon has said he is not running again. The Board asked M. Noe to contact Town Counsel to find out if it is legal to pay an elected tree warden a salary.
j. Line #423: The Highway Department requested a $50k increase, this is the only account that the Town is allowed to go over budget in. The Board and Committee agreed to add an additional $50k to M. Forbes’ request to make it a more realistic figure and the discussion can occur on the town meeting floor.
k. The Board wants to have M. Forbes come in to explain the major increases in his other budget requests. Line # 423 “Overtime” will be changed to “Winter Overtime”.
l. The Board reviewed a request for $1000 for free legal clinics. The Board is going to ask them to come in.
m. P. Mielke, Treasurer offered a lower rate for health insurance to the Town (-$3000) by changing the policies to a lower cost policy which would have higher co-pays for the employees but still have the same coverage.
n. The Board stated that the warrant was now officially closed to any additional special article submissions.
Miscellaneous Select Board Items Reviewed:
1. A motion was made to appoint Donald S. Hopkins as the alternate Plumbing and Gas Inspector at the recommendation of the Building Commissioner. This motion was seconded and unanimously approved.
2. A motion was made to appoint James Kern as the alternate Wiring Inspector at the recommendation of the Building Commissioner. This motion was seconded and unanimously approved.
3. A letter from the Building Department requesting the following changes to his FY10 budget expense line items was read. The Board will pass along these recommendations to the Finance Committee.
a. Raise the educational expense reimbursement for the Building Inspector from $150 to $300; keep the mileage and misc expense reimbursement at $1968 for a expense line total of $2,268.
b. Raise the educational expense reimbursement for the Wiring Inspector from $50 to $100; keep the mileage and misc expense reimbursement at $600 for a expense line total of $700.
c. Raise the educational expense reimbursement for the Plumbing and Gas Inspector from $75 to $475; keep the mileage and misc expense reimbursement at $645 for an expense line total of $1,120.
4. The Board reviewed their mail which included:
a. Copies of the Enforcement Orders issued through the Wetlands Protection Act and the Scenic Mountains Act by the Conservation Commission to Steven Levkoff of Eaton Road for performing work not allowed in his Order of Conditions. A letter will be written to the Conservation Commission stating that the Board supports the Commission levying any fines they deem appropriate.
5. The Board signed letters to 4 residences that have yet to renew their alarm system permit; this will be the final notice before fining them as permitted in the town bylaws.
6. The Board signed and sent a letter to the Otis Ambulance Squad as discussed last week.
7. The Board approved the 2.23.09 minutes as amended.
8. The Board signed the “contractor authorized signatory listing” for the Commonwealth of Massachusetts allowing M. Forbes to be the authorized signator for the FEMA/MEMA storm reimbursement.
A motion was made and unanimously approved to adjourn the meeting at: 6.26pm
Submitted by:
Melissa Noe, Inter-Departmental Secretary
Approved by:
Monterey Select Board
cc: Website (www.montereyma.gov)
Select Board Members
Minutes Book
| 
