Skip Navigation
This table is used for column layout.
 
Select Board Meeting Minutes 6/13/11
Monterey Select Board
Minutes of the meeting of 6/13/11

Meeting Opened at: 5:00pm
Select Board Members Present: Wayne Burkhart, Chairperson, Scott Jenssen and Jonathan Sylbert
Also in attendance for parts of the meeting:  Sue Protheroe for the Monterey News, Maynard Forbes, Chief Backhaus, Roger Tryon and Mickey Jervas  Representatives from the Master Garbologist and Valley were also present

Bid Opening 5pm:
Heavy Equipment Rental
Bids were received from the following in the amounts noted:
  • Tryon Construction:
  • 7500lb Excavator with licensed, experienced operator $105/hr
  • 28,000lb Excavator with licensed, experienced operator $125/hr
  • 46,000lb Excavator with licensed, experienced operator $140/hr
  • 15yd truck with CDL operator $100/hr
  • 7 ton bulldozer with operator $115/hr
  • 15 ton bulldozer with operator $140/hr
  • 10 ton vibrating roller, no operator $350/per day, $1,400 per week
  • 10 ton vibrating roller with operator $125/hr
  • 3yd loader with operator $100/hr
  • 3yd loader, no operator $350/day, $1,400 per week
  • skid steer with operator $100/hr
  • 185cfm air compressor on wheels $30/hr
Maynard will review the packet to be sure that all the necessary documents were included.  A motion was made to accept the bid pending notification from Maynard that all the proper documentation was submitted.  The motion was seconded and approved unanimously.

Bid Opening 5:15pm:
Gravel Bid
Bids were received from the following in the amounts noted:
  • Old Castle Stone Products in Lee: 1 ½ minus fractured processed gravel $8.50/ton FOB, $13.00/ton delivered
  • Lane Construction in Pittsfield: fractured, processed gravel $11.60/ton at pit and $17.95/ton delivered
  • Tryon Construction in Monterey: dead sand $8.75/yd, $100/hr, 15yd truck delivered, bank run gravel $10.75/yd, $100/hr, 15yd truck delivered, fractured, processed grave $11.00/yd, $100/hr, 15yd truck delivered, tailings from screen plant $10.75/yd, $100/hr, 15yd truck delivered
Maynard will review all the bids and give his recommendation to the Board next week.

Bid Opening 5:30pm:
Transfer Station
Bids were received from the following in the amounts noted:
  • Master Garbologist: Total monthly fee $325 transfer station, Hauling and tipping service fees $1,255 and tipping $235, total monthly fee for attendant $2,100
  • Valley Roll-Off: Total monthly transfer station fee $748, hauling and tipping service fees $1,150 and tipping $295, total monthly fee for attendant $2,050
Maynard will review the bids received and make a recommendation to the Board next week.

The board reviewed Director of Operations, Maynard Forbes’ weekly report for the week ending 6/11/11 which included:
1.  Checking roads and beaver ponds.
2.  Main Rd project: drainage by Roadside Café, install 900’ subdrain
3.  Install office air conditioner in Inter-Departmental Secretary’s office.
4.  Thursday night storm: cut and remove tree on Brett, put out cones on New Marlboro Rd.
5.  Cut up trees on Friday on Swann and Brett and move out of road.
6.  Contacted the power company about power issues on Art School and New Marlboro Rds.
7.  Maynard asked about parking area on Beartown Mtn Rd requested by the cross-country skiers.  Maynard asked how the Board wanted to handle this as it can be done but it would be on State property.  The Board had no issues with Maynard requesting permission from the State to do this as long as it wasn’t going to be inconvenient for him.  He will look into this and get back to the Board.

The board reviewed Police Chief, Gareth Backhaus’ weekly report for 6/6 – 6/12/11 which included:
Calls:
1.  House check on Beartown Mtn Rd.
2.  Property damage complaint received on Lime Rock Lane.
3.  Loose dogs reported on Tyringham Rd.
4.  Assist GBPD with a MVA.
5.  Trees down on New Marlboro, Art School and Brett.
6.  Well being check on New Marlboro Rd x 3
7.  House check on Art School Rd.
8.  Charges filed against a motorist for failing to stop for a police officer, negligent operation of a motor vehicle and assault and battery on a police officer stemming from an incident at the detail on RT 23 near the roadside café.

Traffic stops: 7

Miscellaneous Select Board Items Reviewed:
1.  Maynard Forbes and the Police Chief discussed the letter to the editor in the Monterey News written by Roger Tryon.  Maynard stated that there is a state mandate on any job where the awarding authority is a municipality or a state authority you have to use either certified flaggers or police.  There are certain guidelines (such as speed limits over 45mph or a heavily traveled road) when only police can be used.  Maynard stated that civilian flaggers are paid approximately $27.80/hr under the prevailing wage, however they have to be hired through a company which will charge you approximately $53/hr as they calculate in benefits and insurance costs.  Maynard is not aware of any local certified flaggers that are not associated with a company.
Chief Backhaus stated that companies tack on an administrative fee when you hire a flagger through them.  Someone has to insure the flaggers, just like a sub-contractor on any other job.  Chief Backhaus brought attention to the incident mentioned above in his report where a driver speeding through the RT 23 detail ran through 2 police officers, actually speeding up after the first officer instructed the driver to slow down.  The driver’s plate number was written down and charges are being pressed as it was a very dangerous situation.
Roger Tryon joined the discussion and stated that his letter was actually directed to any contractors requiring flaggers (Verizon, National Grid, etc), not just the Highway crew.  Roger noted that there was a Strap grant project in New Marlborough that paid $13/hr for flaggers therefore allowing New Marlborough to use more of the money for the road.  Roger felt that the Police Union’s power and strength has kept the certified flaggers from gaining popularity in the State.  Roger felt it was time for Monterey to state that they wanted to cut costs by using certified flaggers which he felt would also encourage local people to go become certified.  He stated that certified flaggers do not have to be union.  Chief Backhaus reiterated the above and noted that any flagger has to be insured and their taxes (FICA, etc) needs to be paid by someone and when you take all that into account a certified flagger will actually cost you closer to $53/hr.  Roger did not agree.  Chief Backhaus noted that he spoke with the New Marlborough Police Chief about the job Roger was speaking about in New Marlborough and flaggers were not used there because the road was shut down.  With regards to that job, 2 seasonal highway crew members were used and they just notified people that the road was closed; no directing of traffic was involved.
Both Chief Backhaus and Maynard agreed that the only way to save money is to use a current town employee to direct traffic; Monterey’s highway crew is not large enough to do this right now like larger towns and cities can do.  The insurance carried by the flagger is a liability insurance to protect if he does something wrong.  Roger admitted that he lacked some research in flagging and that if he was going to try to push these changes he would need to provide more information.  He stated there is a petition with several signatures on it forthcoming that would allow Monterey to use trained civilian flaggers.
Stephen Moore asked if there were other laws or guidelines besides the CMR sections mentioned that governed local projects and the use of flaggers.  The CMR governs any project, state and local.
Roger stated that he felt that National Grid and Verizon would prefer to use civilian flaggers to save money.  It was noted that Verizon didn’t seem to care about that as they waste more money on details showing up late and leaving jobs early; which often requires paying a minimum that isn’t met.  Roger stated that he felt the Police dictated the policy on details and felt that local kids wanting jobs can’t get them because of this.  The Chief asked Roger if what he was trying to accomplish with this petition was to give money to everyone else rather than his own local police department.  Roger stated that yes there were other people that could use jobs and he’d like to see them get them.  Jon told Roger that if this is true and there are a bunch of young entrepreneurs in the area that are interested in becoming flaggers, they should get the proper certifications and provide that and their information and availability to the Police Department to then schedule when appropriate.
2.  Mickey Jervas of Swann Rd came in to state that last year she had come in when there was some issues with her road and the Highway Crew had fixed it fantastically and quickly which she really appreciated.  She stated that the same thing is happening again.  The Board will pass this along to Maynard and see if there is anything that can be done.
Mickey also noted that at the Veteran’s Park the branches on the trees seem to be hanging low and should be trimmed; the Board noticed the same thing and will make the Tree Warden aware of this.  It was noted that the Tree Warden did not have any money left in this FY’s budget and may be waiting to take care of this until after July 1 when he has FY12 funds available.
She also came in to complain about the status of the logging operation on the LePrevost property over 10 years ago that has not been cleaned up properly.  The Board stated that Maynard is the person that Mickey should talk to as he issues the local permits with regards to logging and public roads.  If her complaint is with regards to the logging on the private property the Board was not sure who you would contact.  Jon also thought the property in question was the Karson property.  Mickey suggested that the towns should have regulations requiring a performance bond be taken out before a logging job is given a permit.
3.  The minutes from 6.6.11 were approved as amended.
4.  Warrants were signed.
5.  Inter-Departmental Secretary’s weekly report reviewed.
6.  The Board signed a letter to the ZBA requesting to be allowed to withdraw application #11-06 without prejudice.
7.  A motion was made to reappoint Wayne Burkhart as the BRTA Advisory Board member.  The motion was seconded and approved.
8.  The Board is going to ask M. Forbes to include the progress of any logging operations in town in his weekly report.
9.  Mail was reviewed which included:
a.  A notice from MEMA regarding the 2012 Hazard Mitigation Assistance (HMA) Grant Program which was forwarded to Chief Backhaus.
b.  2010 Census results were reviewed.  It was noted that the median average age in Monterey is 51.
c.  A letter from Senator Downing stating that Monterey was not represented in the large function room in the Massachusetts State House (Great Hall).  He’s requesting that a Monterey flag be adopted and one be provided to the Great Hall to hang.  The Board stated that Monterey does have a flag and asked M. Noe to respond to Senator Downing on how we proceed on getting one to him for representation.

A motion was made and unanimously approved to adjourn the meeting at: 6:40pm

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

cc: Website (www.montereyma.gov)
Select Board Members
Minutes Book