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Select Board Meeting Minutes 8/27/12
Monterey Select Board
Minutes of the meeting of 8/27/12

Meeting Opened at: 9am
Select Board Members Present: Scott Jenssen, Chairperson, Muriel Lazzarini and Wayne Burkhart
Also in attendance for parts of the meeting:  Susan Gallant for the Monterey News, Pat Mielke, Doreen Beller, Mayra Rodriguez, Emily Kramer, Berkshire Record reporter, Roger Tryon, Kate Ryan and Robert Lazzarini

The board met with Town Treasurer, Pat Mielke to review the following items:
1.  Montereyfest expenditures:
a.  The Board had a request for reimbursement from D. Beller for a Costco membership.  It was agreed by all present that this is not an appropriate reimbursement.
b.  Kwik Print expenditure.  The Board felt that if money was raised to pay for the advertisements placed in the booklet that those monies need to be reimbursed to the Town.
c.  Fireworks: All present stated that the Town approved funds for MontereyFest for items like food and supplies but not fireworks.  M. Noe stated that Josh Allentuck, Chair of the Parks Department asked that the Board be aware that the Parks Department agreed to pay $3,000 toward fireworks providing that MontereyFest raised the remainder of the funds.  The Board stated that since the town specifically stated at town meeting that town funds were not to be used for fireworks, the Parks Department will not be allowed to honor their $3,000 committment.
2.  Senior Tax Abatement Program; this was approved at the 2007 town meeting.  Currently it is $8/hr per person and up to $1,000 towards your real estate taxes in Monterey.  Pat stated that there have been a few residents that have used this program, mostly for jobs at the library.  Currently the Board has not voted on specific requirements and rules for Monterey.  Pat is currently the administrator of the program for Monterey and anyone with questions should be directed to her.  The Board will create town guidelines and/or restrictions at a future meeting.
3.  Pat would like to appoint an Assistant Treasurer, Bethany Mathers Mielke.  Pat did seek the advice of the Ethics Commission on whether or not she can do this as Bethany is her niece by marriage; she can but must file a disclosure with the Town Clerk.  She will pay Bethany $15/hr out of her budget for no more than 2 hours per week.  MGL regarding who makes the appointment was read by Muriel.  This will allow for checks to be signed when Pat is not available.  A motion was made to appoint Bethany Mathers Mielke to a 2 month probationary period.  The motion was seconded and unanimously approved.

The board met with Town Accountant, Steve Pullen to review the following:
1.  MontereyFest expenditures submitted.  Payment for the Fire Department personnel necessary for the fireworks was discussed in addition to the actual fireworks expense.  The Board is going to need to research the fireworks issue further and whether or not town funds can be used toward that.  It was suggested that the $3,000 promised by the Parks Department by used for other items not associated with fireworks; Steve felt that this may be moot as he doesn’t think that this would help as he doesn’t believe they have $8,000 in expenses without including expenses for fireworks.  The Board stated that the audio from town meeting will need to be reviewed to determine what was actually said regarding fireworks; the Board will ask the Town Clerk’s office for the audio.  Steve stated that he was uncomfortable with contributions that the organizers of MontereyFest received as they are a quasi-organized “legal” entity but not a 501(c)3 where contributions could be considered tax deductable.  Town funds that have been distributed have been paid to legal entities/vendors.  This was not an issue in the past as it was run by a legal entity, “Lake Garfield Association” which can legally accept donations.  The Board unanimously agreed that the firemen expenses should be paid out of the Fire Department’s line item.
2.  Request for the following budget transfers, suggested uses of the reserve fund and suggested budget carryovers (usually special articles which will have a bottom line effect, some of which will also require Finance Committee approval which Steve will handle):
a.  Budget line transfers: Select Board expenses over $506.95 transfer from Select Board salaries, Street List/Census over by $10.03 use Town Clerk Elected, Plumbing Inspector over by $305 use Building Insp Expenses, Wiring Insp over by $775 use Building Insp expenses and $142.15 from reserve funds, So. Berk Waste over by $51.13 use Disposal Area, Soldier’s Graves over by $99.09 use Cemetery Maintenance, Library over by $983.13 use Library Maintenance and $90.68 of Reserve Funds.  All must be approved by Select Board and Finance Committee.
b.  Use reserve funds to cover the following overages: Treasurer Tax Titles $2176.70, Tax Collector Computer $2000, Planning Board $571.68, ZBA $1729.76, Police Expenses $6343.64, Fire & Med Compensation $8100.00, Wire Insp $142.15, Library $90.68 and State Assessment $340 for a total of $21,494.61.  Finance Committee approves these transfers.
c.  Budget carryovers: Steve inquired about what should be done with the following special articles approved but not yet spent; Master Plan $1000, Dog Park $10,000, Bally Gally $2066.50, Highway Fuel $38,000, Transfer Design $5,500, Zoning Consultant $3,000 and Building Dept Software $5,000.
d.  All of this will be reviewed and decided on at the September 10th Select Board meeting.
3.  Muriel had a few questions on previous reports provided to the Board by Steve.

Miscellaneous Select Board Items Reviewed:
1.  The minutes from 8.20.12 were approved as written.
2.  Mayra Rodriguez and Doreen Beller, organizers of MontereyFest were asked by the Board to attend today’s meeting to discuss the following:
a.  Pamphlets created for MontereyFest; the concern is that there were revenues generated to create the pamphlets and by law they need to be paid to the town ($2,950).  Mayra and Doreen stated that they will not put in any of their own money to cover the $3,000 that was supposed to come from the Parks Department for fireworks.  Mayra stated that she remembers the Parks Dept stating at Town Meeting that they were intending to give $3,000; the Board stated that they would need the minutes from Town Meeting to confirm this.  It was later determined that the comments from the Parks Dept were at the informational meeting, not the Annual Town Meeting.  Scott will request the audio of Town Meeting from the Town Clerk.
b.  The Town cannot pay for the Costco membership fee of $55.
c.  Fireworks; the Parks Department has no authority to approve that expenditure seeing as the Town specifically stated that town funds could not be used toward fireworks.
d.  A list of expenditures and receivables were provided to the Board to review.
e.  Doreen read a letter of thanks to the Board.  The organizers are hoping to combine next year’s festivities with Gould Farm’s 150th celebration.
3.  Roger Tryon came in to talk about the Tree Warden position and expressed why he feels that this should be kept as an elected position and not an appointed one as was suggested at a previous meeting.  Roger also felt that Don Torrico already holds a lot of positions in Town and he would not be in favor of an interim appointment being given to Don as he feels Don would then hold too much power in town.  He did feel that the highway department does play a role in assisting the Tree Warden when necessary and was in favor of M. Forbes being appointed in the interim but was not in favor of him being paid the Tree Warden salary in addition to his Director of Operations salary.  Roger stated that it has always been the responsibility of the Highway Department to keep roads clear when trees come down at any hour, not the Tree Wardens responsibility; this is why the crew is paid overtime, to come in and handle these types of situations.  Roger was asked if he was interested in being appointed in the interim; he will think about it and get back to the Board.
4.  Kate Ryan came in to discuss the following with the Board:
a.  She stated that she has been undergoing severe harassment in this town that the Police are aware of but are unable to assist her with as they do not have the equipment necessary.  She requested permission to place a camera that she offered to pay for on town property at the corner of RT 23 and Blue Hill Rd that she states will record the license plates of the perpetrators harassing her.  She provided written information from various websites on the use of electronic weapons that she states she is being harassed with and that is causing her health issues.  She claims that she has lost 3 friends (1 to murder and 2 to suicide) from this crime.  When asked to elaborate on the harassment she stated that it involves people using these microwave weapons on her but she does not know their reasons for harassment.  Kate stated that the weapons being used toward here are typically used by Police Departments that have gotten into the wrong hands.  Wayne stated that he did not feel that a device that tracks license plates would be a proper solution to this issue and Scott felt that this type of monitoring device might infringe upon others rights to privacy.  Kate went on to say that there have been intrusions into her home where her things are moved, electronics reprogrammed, voicemails and phones forwarded, etc.  She suggested that the Board visit the website www.icaact.org for more information on this recognized form of harassment.  Wayne apologized for being somewhat skeptical of the “evidence” Kate has presented and stated that our Police Department has been very vigilant about responding to her calls and protecting her and will continue to do so.  Muriel agreed with Wayne and stated she would be very hesitant to hook up a camera anywhere in her town.  The Board did not foresee how the Town could assist with Kate’s requests and suggested that she try other channels such as her Physician with regards to the health issues being imposed upon Kate.  The Board reminded Kate that this situation is a bizarre and unusual complaint and that our Police Department will continue to help her to the best of their abilities.
5.  Mail was reviewed which included:
a.  Email from M. Forbes clarifying that he is not applying for the Tree Warden position; he had agreed to do the job until it was filled.  He stated that he’s performed the duties for the last month and as such expects the remuneration that comes with it.  He feels that whoever is appointed must be willing to do the whole job, including nights and weekends and would still like to be part of the selection process.  The Board had many concerns regarding the remuneration request and the suggested job description provided by Maynard.  The Board’s understanding of Maynard agreeing to help out until a permanent Tree Warden was found was that he and his crew would do it under their normal highway duties and could use the Tree Warden expenses if necessary but that no one would be paid additional to do the job.
b.  Vacation request for the Chief was approved as was a contract amendment to delete an item under paid details which was never practiced in Monterey and is no longer the policy of the Department.
6.  Warrants were signed.
7.  M. Noe was asked to speak with the Building Commissioner to compile a list of what is still needed to finish the basement and incorporate changes to make it more usable.
8.  The Board discussed the current system for signing warrants and dealing with items on the warrant that the Board doesn’t want paid until further discussed which occurred twice last week.  Several ideas were mentioned which included having the Accountant come in earlier so that the warrants are done prior to the Board adjourning, having the Board meet later in the morning so that the warrants are done prior to the Board adjourning and/or speaking to the Treasurer to make sure she views the warrants and any notes made on it by the Board prior to paying anything.  This will be discussed further at the September 10th meeting.
9.  The Board asked M. Noe to request that the Police Department increase patrols on Fairview road to a minimum of once a day.
10.  Scott mentioned to the other Board members that he’s been questioned a lot more by frustrated residents about why expenses like gas have risen so much and why town vehicles are in Gt. Barrington for things that aren’t town related such as going to McDonald’s.  He would like the Highway Department and Police Department to be more accountable for their use of town vehicles.
11.  Inter-Departmental Secretary’s weekly report reviewed.

A motion was made and unanimously approved to adjourn the meeting at: 11:29am

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

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