Monterey Select Board
Minutes of the meeting of 4/8/13
Meeting Opened at: 9am
Select Board Members Present: Muriel Lazzarini and Wayne Burkhart (arrived at 9:20am)
Also in attendance for parts of the meeting: Susan Gallant for the Monterey News, Linda Thorpe, Chief Backhaus, Maynard Forbes, David Logan, Kyle Pierce and Eugene Bounous
The board met with Director of Operations, Maynard Forbes’ to review the following:
1. Maynard was asked about his plans for the additional $100,000 we are slated to receive in Chapter 90 funds. Maynard stated that he plans to fix some roads and that about $90,000 of the money will go to gravel.
2. WMH – Maynard sent an email to Joe Baker of the FWMH notifying him that the procedure they followed for putting the de-leading project out to bid was incorrect because it was not advertised in the Central Register and the newspapers as is required. The bids also have to be opened at a public meeting and this also did not happen. Maynard reminded the Board that the WMH was informed several years ago that they are required to follow the procurement laws and are not allow to “bid-split” unless it’s done on the total value of the project. Wayne did not agree that we should stop the bid for de-leading but Maynard and Linda Thorpe, Asst. Town Clerk both stated it isn’t a matter of opinion it is the law. Wayne would like more time to review all of the materials
regarding the procurement laws but since the project is slated to begin today, Muriel suggested stopping the project until this could be figured out, Wayne did not agree and since there was not a 3rd Select Board member available today it was an impasse. M. Noe was asked to seek advice from Counsel on the matter. Maynard suggested that an Owner’s Representative should be appointed to oversee the project as was done when the Town Hall was expanded to avoid these types of situations.
3. Maynard provided his weekly reports from weeks ending March 23rd, March 30th and April 6th and noted that his crew has started grading today.
The board met with Police Chief, Gareth Backhaus to review the following:
1. False alarms: Mt Hunger Rd, Eaton, North Cove
2. Complaint of harassing text and Facebook postings between 2 teenagers – parents are involved
3. Lockouts on Camp Half Moon Rd and Tyringham Rd
4. Suspicious persons reported on Sylvan Rd and Beartown Mtn Rd
5. Continuing “Harassment” reported on Blue Hill Rd
6. Cars were towed on Hupi that were in the way of the town snowplows.
7. Domestic on Beartown Mtn Rd; arrest was made
8. Four criminal complaints (arrests) were filed in court – 1 assault and 3 motor vehicle related incidents
Miscellaneous Select Board Items Reviewed:
1. David Logan came in to submit his resignation (copy provided to the Town Clerk as well) from the Lake Buel District. According to their Charter (copy was provided for the files), the Select Board appoints one Monterey representative for an indefinite term. Kyle Pierce has shown interest in taking over the spot. The Lake Buel Prudential Committee supports and recommends appointing Kyle. A motion was made to appoint Kyle Pierce to the Lake Buel Prudential Committee as the Monterey Representative for an indefinite term as noted in their charter. The motion was seconded and approved unanimously.
2. Linda had the Board sign the primary election warrants for the Senate seat on April 30th.
3. The Assistant Town Clerk, Linda Thorpe has requested that the annual town meeting warrant be reissued. Linda stated that a ballot question needs to be added for the purchase of the grader to be excluded from proposition 2 1/2 and that another seat for the Cemetery Commission needs to be added which she had overlooked when providing the list of open seats for the warrant. M. Noe provided the following research to the Board to help them make the decision on if an amended annual warrant is necessary:
a. 2008 Proposition 2 ½ Ballot Questions Requirements and Procedures: page 3 of this manual states that, “Proposition 2 ½ referenda questions are placed on an election ballot by vote of the “local appropriating body,” which is defined in towns as the board of selectmen, not town meeting.” M. Noe confirmed the interpretation of this paragraph with Town Counsel. It was also pointed out that the purchase of the rescue vehicle and associated tools last year which was also supposed to be a debt exclusion was not on the town meeting warrant, Linda stated it wasn’t on the ballot either. Muriel and Wayne agreed after reviewing the materials that it is not required to have the question on the warrant and asked Linda to confirm that the
rescue vehicle and associated tools was not on the ballot as a debt exclusion last year. M. Noe was asked to find out from Counsel what the repercussions may be and how to fix it if the question was not on the ballot last year.
b. Additional Cemetery seat: M. Noe directed the Board’s attention to the Select Board minutes of June 11, 2012 which stated, “Linda asked the Board to appoint Donald Clawson to fill the remaining term of Thomas Haugh on the Cemetery Committee. ~A motion was made to appoint Donald Clawson to fill the remainder of Thomas Haugh’s term which was seconded and unanimously approved.” And that because he was appointed to the end of the term and not until the next election, it may not be necessary to amend the warrant.
c. The Board decided to schedule a meeting at 9am on April 18th when all 3 members would be present to continue the discussions and research and determine if the warrant needs to be amended and reissued.
4. New Accountant and Treasurer’s Office request to purchase another computer as they will be working on the same evening and only have one accessible computer. Scott approved the purchase via email and Wayne and Muriel also agreed to allow the purchase.
5. OPEB liability: M .Noe confirmed that when Pat returns she will provide a report of Monterey’s liabilities using the software that Monterey purchased for this purpose.
6. Southern Berkshire Chamber of Commerce membership renewal: Muriel is not in favor of renewing the membership as she does not feel we get anything out of it. M. Noe noted that they are very helpful with spreading the word when we have events and that other surrounding towns are also members. Whether or not to renew our membership will be discussed when Scott returns.
7. The minutes from 3.25.13 were approved as amended.
8. Mail was reviewed which included:
a. Environmental notification for Stedman Pond.
b. Notification from the Governor’s office that a transportation bond bill was filed to authorize and fund The Way Forward: A 21st Century Transportation Plan. The letter also certifies that the apportionment for FY14 for Monterey is provisionally $297,903.
c. Notice of filing and public hearing for Mass Electric and Nantucket Electric Co d/b/a National Grid regarding a petition filed with the Dept of Pub. Utilities for approval to collect funds necessary to replenish the storm fund.
d. Notice that Monterey is eligible for up to $500 for a Targeted Small Scale Initiative through the Sustainable Materials Recovery Program Municipal Grant.
e. Letter from DEP announcing the availability of the 2013 SMRP grant application.
f. Copy of a letter from FEMA thanking BPRC for allowing them the opportunity to review additional Annexes of the Berkshire County Multi-Hazard Mitigation Plan.
g. Copy of the bridge inspection report for Curtis Rd/Konkapot River which will be forwarded to Maynard.
9. Warrants were signed.
10. Inter-Departmental Secretary’s weekly reports for 3/29-4/4 & 3/22-3/28 were reviewed.
A motion was made and unanimously approved to adjourn the meeting at: 11:27am
Submitted by:
Melissa Noe, Inter-Departmental Secretary
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
| 
