Monterey Select Board
Minutes of the meeting of 6/18/12
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, Deborah Mielke, Town Clerk and Eugene Bounous
Miscellaneous Select Board Items Reviewed:
1. The Board reviewed the information that they requested on offering health insurance benefits to elected officials which came up because the Town Clerk requested the Board look into whether she was eligible for the benefit. Summary of information researched:
a. MGL Chapter 32B §2(d) defines “employee”. Per the Town Counsel; the 20 hours referred to in the MGL noted above states that the position must require 20 hours a week regularly and that it is the Select Board that determines whether or not the position requires 20 hours per week and they would set the hours that the office would need to be open each week. The Town Attorney recommended that the Board survey surrounding towns based on their populations to see how many hours the positions require there. He offered an example of Becket which has a population twice the size of Monterey (1805) and the town clerk position there only requires 20 hours/week.
b. Counsel advised that the Board has the option/right to “waive” the 20 hour requirement for elected officials only and to do this would require rescinding the vote made in 2009.
c. One point to consider is that anyone getting the health benefit who is in the Berkshire County Retirement System would then be eligible for “retiree” benefits under MGL Chapter 32B §9A which the town accepted in May of 2006 which states that the town will then pay 50% of the premium for the retiree.
d. Town Counsel is researching whether or not the town/employee split can be different for full time and part time/elected positions.
e. Town Counsel also provided 2 cases for the Board to review:
1. Shea v. Board of Selectmen of Ware, 34 Mass. App. Ct. 333 (1993), which interpreted whether the Board of Selectmen had the discretion to~alter a prior board's~determination that~part-time elected employees (under 20 hours per week) were eligible for group health coverage.~ The Shea Court held that the Board can make that determination and can change its policy.~~The statute prohibits enrollment for~non-elected~employees working under 20 hours per week.
ii. With respect to determining whether a position qualifies, the question is whether the position "require not less than 20 hours", and~this determination is~specific to the job in question.~~ The~issue is whether the job functions objectively demand not less than 20 hours, not whether an employee subjectively makes an assertion that they do in fact work twenty hours a week, although an employee reasonably~demonstrating that the job requires more than 20 hours might make a claim that they are entitled to enrollment.~ As far as making this determination, there are few reported decisions, but in addition to the Shea case, there is a case holding that a constable was not an "employee" within the meaning of G.L. c. 32B, because he had no fixed duties that required any set
number of hours, and did not have a regular work week, and thus he could not qualify.~~See Ramponi v.~Board of Selectmen of Weymouth, 26 Mass. App. Ct. 826 (1989).
f. The Board would like more information from the Town Accountant on projected retiree costs for the current full time benefits. It was agreed that they want as much information possible before making this decision.
g. The Board instructed M. Noe to begin surveying surrounding towns and in the meantime they will review all the information provided to date. The Board also asked M. Noe to compile a list of other employees and elected officials that would become eligible if the current policy were changed.
h. The Board would also like the Finance Committee to weigh in on any potential policy changes and how it would financially affect Monterey.
2. Scott informed the rest of the Board that the current transfer station attendant complained that the former transfer station attendant has been hanging around at the station bothering residents and offering services for payment. The Board would like M. Forbes to speak to the Garbologist about this and let the Board know what steps we need to take to handle the situation.
3. Deborah Mielke, Town Clerk came in to discuss the following:
a. Ethics summary needs to be signed & distributed yearly. Online training is still in development and needs to be done every 2 years.
b. Bylaws – In 2011 there were 2 bylaws accepted at town meeting that required approval from the AG. Debbie stated that these were approved and copies will be provided to M. Noe. In 2010 there was a vote to amend the Agricultural Commission bylaw; Deb is still looking for the hard copy approval.
c. Procedural question: She wanted to confirm that she is allowed to contact Town Counsel when she has a department question. The Board confirmed she is.
d. She expressed concern over the appropriateness of the Inter-Departmental Secretary offering her opinion while serving as the Secretary on the matter of the town/employee split for health insurance being the same for part time elected officials as full time employees. The Select Board members all shared her concerns and she was assured that this would not prejudice them.
4. Eugene Bounous of Main Rd (property owner where the Main Rd cell tower will be located) came in to find out if the town knew anything about the status of the tower to be erected on his property. Eugene returned later in the meeting and stated he spoke to AT&T and that construction of the tower on his property will start in mid-July.
5. The Board discussed the items they want the Monterey School Study Committee to focus on:
a. Whether or not the current building is viable and if not what needs to be done to make it work.
b. Compiling information on a multi-use building on a suitable property.
c. Determine state and district requirements for a school.
d. Formulating costs for either repairing the current building or constructing a new one.
e. Devise possible uses for multi-use building.
f. Create a child participation campaign aimed at surrounding towns touting our program.
g. Create proposal with collected information.
6. A motion was made to appoint Muriel Lazzarini, Maynard Forbes, Gareth Backhaus and Melissa Noe to the Employee Compensation Committee for a 1 year term. The motion was seconded and passed unanimously.
7. Muriel recapped the ad-hoc school study committee meeting from last week (this is the regional committee). Their purpose (they have been told) is to determine what makes sense for the elementary school program in the district (pre-k – 6th) and that they should remain open-minded and think outside the box. The committee will meet every other Thursday and will rotate meeting in each town of the district.
8. A motion was made to reappoint Linda Hebert to the Council on Aging for a 3 year term. The motion was seconded and passed unanimously.
9. The minutes from 6/11/12 were approved with amendments.
10. Mail was reviewed which included:
a. Statement of financial position from the Monterey Water Co. Also included was a proxy vote form if someone was unable to attend the annual meeting. Wayne will be attending the meeting.
b. Copy of a letter from the Board of Health to Mr. & Mrs. O’Connor on New Marlboro Rd listing several violations noted. There will be a hearing on July 2nd to determine the course of action the Board will be taking.
c. Copy of a letter from the Board of Health to Ms. Church on Mt Hunger Rd listing 2 violations. There will be a hearing on July 16th to determine the course of action the Board will take.
d. Email from BRPC regarding municipal electricity aggregation.
e. The Board received a notice to extend their agreement with CET for the collection of hazardous waste through the multi town collaborative. It was agreed that the town wished to continue their participation and the agreement was signed. The projected costs for FY13 for Monterey is $1,069.
f. Notice of a multi town (Monterey, New Marlborough, Tolland, Sandisfield and Tyringham) meeting in Tyringham with no agenda to date. It is at 7pm on Wednesday, June 20th. Wayne will be attending.
11. Warrants were signed.
12. Inter-Departmental Secretary’s weekly report reviewed.
a. M. Noe informed the Board that she followed up on their request to provide them with more information on one day alcohol permits for special events. Any event that is public (not at someone’s home) requires a permit if alcohol is to be served or sold.
A motion was made and unanimously approved to adjourn the meeting at: 11:05am
Submitted by:
Melissa Noe, Inter-Departmental Secretary via audio recording
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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