Select Board Meeting Minutes 11/2/09
Monterey Select Board
Minutes of the meeting of 11/2/09

Meeting Opened at: 4:00pm
Select Board Members Present: Scott Jenssen, Chairperson, Jon Sylbert and Wayne Burkhart
Also in attendance for parts of the meeting:  Sue Protheroe for the Monterey News, Stanley Ross, Joe Baker and Donald Torrico

The board met with Chief of Police, Gareth Backhaus to review the following items:
1.  Lockout on Gould Rd.
2.  2 car MVA on Main Rd.
3.  Assisted the State Police.
4.  Assisted the Egremont Police.
5.  OUI arrest on Halloween.
6.  Vandalism at the Town Hall on Halloween.
7.  Yearly review will be postponed until more information is received by Town Counsel on the process to host the review.

The board met with Building Commissioner, Donald Torrico to review the following items:
1.  Yearly performance review was discussed.  The review was positive and the goals for the upcoming year are to improve the lower level of town hall and to review the department inspectors.  Don would also like to continue his education (45 hours per year) and review and amend the current sign bylaws in town to coordinate with building code regulations.
2.  Don suggested that it might be helpful to have someone come in and make recommendations for the lower level which would include options for air exchange improvements to the entire building.  Don noted that the water is still coming into the building in the basement.
3.  The Levkoff residence has been boarded up by the Fire Department which used it for training purposes earlier in the year.
4.  S. Jenssen inquired as to whether or not Monterey would ever have the ability to fill out building permit forms online and submit them electronically.  D. Torrico stated there is a program out there that he has attended some trainings on.  The BPRC is looking into it.

Miscellaneous Select Board Items Reviewed:
1.  The minutes from 10.26.09 were approved as amended.
2.  Warrants were signed.
3.  Stanley Ross requested to be appointed as the alternate on the Board of Appeals to fill the vacancy created by the resignation of Kathleen Wasiuk.  Stanley stated that he will not be re-running for the Board of Assessors in May.
4.  Trial balance reports and expense reports provided to the Board by the Accountant were reviewed.
5.  The Board discussed the employee review process and the point that was made to the Select Board regarding the illegality of holding them in Executive Session.  There was a concern that performance evaluations should be private and not reviewed in a public meeting.  The Town Clerk brought this concern to the auditor’s that were here last week, Town Counsel was consulted and he stated that unless termination or disciplinary actions were going to be taken the reviews could not be held in Executive Session.  The employees and Board both interpret the open meeting law differently in that the person’s character and reputation are being discussed and therefore should be private as the personnel file is.  The Board requested that Town Counsel be re-contacted.
6.  The Board received Kathleen Wasiuk’s resignation as an alternate on the Board of Appeals.
7.  Jon recused himself from the following vote:  A motion was made by Wayne to sign the papers allowing the Pearson land on Chestnut Hill to enter into a conservation restriction.  The motion was seconded and approved by Scott and the paperwork was signed and notarized.
8.  Joe Baker came in to discuss the following with the Board:
a.  The paperwork from Town Counsel was reviewed regarding the WMH project.  Joe had questions on the competitive bidding process.  He wanted to know if it was feasible and legal to do the work piece by piece over the years versus submitting it as one overall project.  It was also noted that at this point the FWMH don’t have the money for any part of the project and that the Town has been explicit in that they aren’t going to spend any money on the project.  FWMH may try to repair the foundation.
     D. Torrico stated that his only concern and jurisdiction is to make sure that the contractors are licensed and properly permitted.  D. Torrico noted that since the change of use special permit was granted by the ZBA, the WMH will now need to file a building permit to change the use within 2 years.
     b.  Joe reviewed the municipal use conditions that the ZBA placed on the granted permit.  The WMH intend to create a community garden on the grounds and wanted permission from the Select Board to go ahead and start this project.  The Board gave it their blessing.  More information on the garden plots will be in the December Monterey News.
     c.  Joe has met with Maynard Forbes about installing a new driveway.  M. Forbes will have to go to town meeting for the funds to create this driveway (approx. $10,000) as he doesn’t have it in his budget.
d.  Joe asked if there was anywhere on town property where the paintings by Edith Wilson that are currently being stored in L. Scheffey’s barn can be moved to.  S. Jenssen recommended getting a mini storage unit in town.  The committee doesn’t want to spend their money that’s been raised to store the paintings.  S. Jenssen asked if the town was interested in auctioning them off but Joe stated that was not her request.  Joe asked if they could be stored on the 2nd floor of the school house and referred Joe to Maynard.
     e.  Joe assured the Board that the wording on the amended lease is still being looking at.
f.  Joe asked if the Board had any issues with more people being appointed to the Wilson McLaughlin House Committee; they felt the more the merrier.


A motion was made and unanimously approved to adjourn the meeting at: 5:40pm

Submitted by:
Melissa Noe, Inter-Departmental Secretary via tape recording
Approved by:
Monterey Select Board

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