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Select Board Meeting Minutes 6/25/12
Monterey Select Board
Minutes of the meeting of 6/25/12

Meeting Opened at: 9am
Select Board Members Present: Scott Jenssen, Chairperson, Muriel Lazzarini and Wayne Burkhart
Also in attendance for parts of the meeting:  Maggie Leonard for the Monterey News, Daniel Moriarity, Maynard Forbes, Gareth Backhaus, Pat Edelstein, Deborah Mielke and Adam Gonska

The board met with Director of Operations, Maynard Forbes’ to review the following:
1.  Culvert on RT 23 has been completed.
2.  Scott asked about possible remediation for the “pond” that appears at Roadside.  M. Forbes stated that Roadside was supposed to fix their parking area last year to eliminate this issue; he will follow up with Roadside.
3.  New Marlboro Rd bridge decking will most likely be replaced this summer.
4.  The Fire Chief asked M. Forbes to let the Board know there will be a shortfall of about $5,400 in payroll for this year and inquired as to how the Board would like to handle it.  The Board recommended transferring the necessary funds from the reserve fund.  Muriel asked for a breakdown of payouts for training and calls.

The board met with Police Chief, Gareth Backhaus to review the following:
1.  The Chief recommended reappointing the following officers for one year: Michael Johnson (full time officer) and part time officers: Santi Messina, Shaun Reagan, John Mullen and Rudy Gero.  The Board made a motion to appoint the above mentioned.  The motion was seconded and approved unanimously.
2.  Adam Gonska interviewed for a position as a part time officer.  The Board reviewed his resume.  Chief Backhaus recommended appointing Adam as a part time officer.  A motion was made to appoint Adam Gonska for a 6 month probationary period which was seconded and unanimously approved.
3.  Landlord – tenant dispute on New Marlboro Rd.  Due to the deficient conditions seen while on the call the Building Inspector and Board of Health were also notified.
4.  False alarms on Mt Hunger Rd, Hupi Rd and Cronk Rd,
5.  “Suspicious Activity” reported on Blue Hill Rd – none found.
6.  Suspicious activity reported on Mt Hunger Rd – police took into custody one party on an outstanding warrant.  While on the premises a serious health issue was noted – the Board of Health was notified and site visits have been made.  The situation is now being handled by the Board of Health.
7.  Assisted with a medical call on the Main Rd.  While on the call, a hit and run occurred – the person was found and ticketed.
8.  Tree down on Main Rd (near Bidwell Rd) from the storm on the 15th.
9.  Lockout on Blue Hill Rd.
10.  Lime Rock Rd – report of a missing rowboat.
11.  Report of a fire on the beach near KSA – no action taken, it was a large campfire.
12.  Assisted with a medical call on Main Rd.
13.  Disabled MV on boat ramp.
14.  Bear cub reported on Buckingham Lane.
15.  Dog barking citation update: The hearing at court was to occur last Wed, on Tues evening Chief Backhaus was notified that the party requested a new hearing date as his attorney was unable to make Wednesday’s hearing.  Town Counsel was consulted on the matter and under MGL the neighbors complaining are entitled to appeal to the Select Board regarding a nuisance dog.  Letters to that effect were submitted today.  The Chief read MGL Chapter 140 Section 157 that pertains to this situation which allows the Select Board to hold a hearing on the matter.  Scott stated he would need to recuse himself from the hearing process if it is to happen as he is the contractor for that site.  Muriel and Wayne agreed to hold a hearing on the matter.  The hearing has been set for 9:30am on Monday, July 16th.
16.  The speed sign near the Monterey School is still under repair.

Miscellaneous Select Board Items Reviewed:
1.  Pat Edelstein of the Friends of Lake Garfield came in to inform the board that there is a lot of stuff in the lake from the runoff.  She stated that the issue is worse in the smaller part of the lake.  The FLG has taken samples and will have their lake scientist & Berkshire Envirolabs review them.  She stated that the FLG will pay for everything.  She will report back the results of the tests when they come in.
2.  Dan Moriarity stated he would be the Finance Committee representative on the Employee Compensation Committee if the Board wanted a Finance Committee member on it.  A motion was made to appoint Dan Moriarity to the ECC for a one year term.  The motion was seconded and unanimously approved.
3.  Dan Moriarity thanked the Board for the letters they sent to the Representatives requesting an update on the remediation of the flooding issues on Lake Buel (which as of today the Board has not received any responses from).  He feels that we are being stonewalled by the elected representatives.  Wayne stated that he has been made aware that the flood reports have been released ad we should be receiving a copy from BRPC soon.  Dan wants to know what physical group of people are going to spearhead this and continue the work on getting this issue remediated.
4.  Muriel had a request from Lynne Leavitt, Chair of the LCC to appoint Fiona DeRis to the LCC.  A motion was made to appoint Fiona DeRis, it was seconded and unanimously approved.
5.  Township #1 Day at the Bidwell House; Barbara Palmer is looking for as many Select Board members as possible to be judges for the baked goods contest on July 7th.  Wayne and Muriel will participate as judges.
6.  Deborah Mielke came in with a pole hearing request from National Grid.  M. Noe will handle setting the hearing date and notifying abutters.
7.  Deborah Mielke inquired if a decision has been made yet on the request for health insurance for the Town Clerk.  It has not, the Board is hoping to make a decision next Monday during a working meeting.
8.  The minutes from 6.18.12 were approved as written.
9.  An ad will go in the Monterey News requesting that interested parties to serve as the Monterey Citizen representation on the Employee Compensation Committee should send letters of interest to the town hall.
10.  Wayne updated the Board on the Monterey Water Company annual meeting.
11.  Wayne summarized the Regional Select Board meeting that took place in Tyringham last week.  Monterey has been asked to host a future meeting.
12.  Mail was reviewed which included:
a.  Resignation letter from Shaylan Burkhart, Tree Warden, effective 7/31/12 as he is moving out of Monterey.  An ad will be placed in the paper looking for interested parties.
b.  Letter from Attorney Charles Ferris who was consulted by Deborah Mielke regarding her request for health insurance and other employee benefits with the town.  Attorney Ferris is requesting that the town reinstate health insurance coverage to the Town Clerk position retroactive as Attorney Ferris’ position is that the position is a 20 hour position which under MGL would entitle her to the benefit.  The Board will discuss this further during a working meeting next week.
c.  The Board received the results of the survey of surrounding towns Town Clerk positions and the hours they’ve determined that the position requires as well as the populations of those towns.  They did not have time to review today so it will be further reviewed and discussed next week during a working meeting.
i.  Tyringham – pop. 352 – Town Clerk hours – as needed.
ii.  Egremont - pop. 1,034 – Town Clerk hours  – 5hrs/week
iii.  Sheffield - pop. 3,257 – Town Clerk hours – full time with an assistant.
iv.  Otis - pop. 1,612 – Town Clerk hours – 28hrs/week
v.  Stockbridge - pop. 1,925 – Town Clerk hours – 32hrs/week
vi.  New Marlborough - pop. 1,350 – Town Clerk hours – 20hrs/week
vii.  Alford - pop. 494 – Town Clerk hours – 5hrs/week
d.  An email from Town Counsel was received requesting to meet in executive session with the Board on the matter to discuss potential ramifications of offering health insurance to elected official positions that do not require 20 hours consistently each week.  This will be further reviewed and discussed next week during a working meeting.
13.  Warrants were signed.
14.  Inter-Departmental Secretary’s weekly report reviewed.
a.  M. Noe informed the Board that the town flags are shipping this week.
b.  The Board confirmed that the Building Permit fees for Phase I of the HVAC installation at the town hall are waived.
c.  M. Noe requested that the Board re-review her job duties, functions and responsibilities to be sure that they are still the same as they have been and what was confirmed in January of this year.  M. Noe felt that some recent comments made might suggest that some feel the responsibilities should be altered.  As there was not time to fully discuss this today, it was agreed that for now continue as is and also pull the audio tape if possible from that January meeting to review and discuss further on July 16th.

A motion was made and unanimously approved to adjourn the meeting at: 11am

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

cc: Website (www.montereyma.gov)
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