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Select Board Meeting Minutes 9/9/13
Monterey Select Board
Minutes of the meeting of 9/9/13

Meeting Opened at: 9am
Select Board Members Present: Muriel Lazzarini, Chairperson, Wayne Burkhart and Scott Jenssen
Also in attendance for parts of the meeting:  Donald Torrico and Robert Lazzarini

Miscellaneous Select Board Items Reviewed:
1.  Donald Torrico, Building Inspector informed the Board that the basement is full of mold and he can no longer work down there as it is giving him headaches and making him sick.  He requested that the carpets be cleaned and the floor scrubbed with bleach.  It was noted that our cleaning service is organic and doesn’t use harsh chemicals so we would need to find another service to come in.  The Board asked M. Noe to check with the Highway Dept first to see if they could do it or if they knew someone that could.  Long term solution: if the building department’s office is going to remain in the basement the foundation really needs to be dug out around the building and repaired with some sort of waterproofing product on the outside (about $15 – 20k).  Robert Lazzarini suggested getting a humidity measurement as the solution may just be getting a larger, more effective de-humidifier for the area.  The Board would like some informal estimates on excavating around the foundation and putting in some kind of air exchange system in the basement to also include the server room as we have been having issues with that room getting to warm causing the equipment to shut down.
2.  Maryellen Brown, Interim Accountant responded via email to the Board’s inquiry on whether or not a different type of account could be used for the retiree health savings other than a stabilization fund; there is not.  Maryellen also stated that she disagrees with the Finance Committee’s recommendation to put $21,000/year into the stabilization fund.  She was asked to come in and explain this further to the Board.
3.  Vito Valentini, School Committee Member has requested through Muriel a summary of Monterey’s vision and goals for a community school in Monterey.  The presentation should include how the program would integrate into the New Marlborough program and a list of the benefits to the school staying open.  He suggested that to be efficient it should be a multi-grade schoolhouse.  Muriel suggested having a meeting with Maria Rundle and Mari Enoch (and anyone else interested) to develop our presentation for a meeting sometime later in the month with the School Committee.
4.  Muriel shared her question and the response from Attorney Collins regarding setting the health insurance contribution rates.  Attorney Collins informed Muriel that his office is currently handling a case that the Supreme Judicial Court has scooped as a big case regarding Board of Selectmen and Town Meeting setting the contribution rate for health insurance benefits.  It was noted that our town has a bylaw that allows the Select Board to set this split.  Attorney Collin’s office says that it is the Board of Selectmen that determines this and they prevailed in Superior Court.  If that ruling is upheld in the Supreme Judicial Court there is no need to worry about town meeting underfunding as there is a special provision in MGL Chapter 32B that mandates funding.
5.  Don Torrico returned later in the meeting to state that he has met with a local contractor who is planning on demolishing 16 buildings at the Hume site on Chestnut Hill which all have to be applied for as separate building permits and would the Board want to entertain waiving or lessening the fees.  The Board stated no as it is a non-profit that doesn’t pay taxes and currently isn’t paying any payments in lieu of taxes either.  The Board noted that they also would like to speak with Hume regarding the possibility of starting PILOT payments.
6.  The minutes from 8.26.13 were approved as written.
7.  Mail was reviewed which included:
a.  The Beacon newsletter
b.  Resignation letter from Bridget Krans from the Planning Board effective immediately.
c.  The Board reviewed 2 contracts for Highway Departments (Sheffield which is union and New Marlborough which is not union).  Muriel pointed out some of the items in the New Marlborough contract and felt that it was a poorly written contract that appeared to have the Select Board looming over the Superintendent’s back.
d.  Letter from 2 members of the Garfield Point Road Association (attached) requesting that the Select Board instruct the Fire Department to assess the condition of Sylvan and Point Roads.  The Board asked M. Noe to scan the letter to Julio (who the Board thought was the head of this Committee) to make sure he was aware of it and ask if this is a separate committee from his.  The Board did not feel it was necessary to officially request Chief Tryon to do what was asked as it appears that Shawn was in attendance at the meeting and would be aware of their concerns; a copy of the letter will be emailed to Chief Tryon.  The Board felt they should only get involved if Chief Tryon was ignoring any requests.  garfieldpointrdletter9.4.13.pdf
8.  The Board asked if there had been any response from Linda Thorpe on their request to return all town records.  As of this morning there hadn’t been.  Muriel is going to try to speak with Linda this week before the Board sends any more correspondence.
9.  The Board asked if there had been any response from the State regarding the marriage license issue so they could decide whether or not to pursue the software issue with Barbara Swann.  M. Noe stated that the Town Clerk told her last week that it could be months before they hear back; the Board will continue to wait to hear from the State.
10.  Muriel informed the Board of the advisory sent out last week on the website (from the Department of Health) for a large mouth bass consumption from Lake Garfield due to high levels of mercury.  Muriel asked if something could go in the Monterey News regarding the advisory.  The Board also questioned who did the testing.  Scott is going to call the DPH for more information.
11.  Muriel reported on the ECAC meeting held last week:
a.  Muriel requested permission to follow up with Attorney Collins on retiree health benefits and the most recent information from the Berkshire County Retirement System (BCRS) which clarified that any public employee that is vested can leave employment of the town prior to retirement age and can collect the health insurance benefits from the town they last worked for when they do retire.  Muriel felt that the current system takes the control out of the Town’s hands and the Board should look into whether or not there are any legal ways of putting parameters on this associated to length of time worked for the Town.
b.  Senior Tax Work Off Abatement Program – it was suggested at the meeting that Mickey Jervas who is eligible should be given credit for the time she has put in on the committee.  The Board had no issue with compensating her through the abatement program but wanted to first see a list of other committees that might be eligible for this abatement.
c.  The committee reviewed the PPO options available thru MIIA and have requested more information – once it has been discussed further the committee will report back to the Board with their findings.
d.  They are continuing to work on the job descriptions and trying to standardize them as much as possible.
e.  The committee discussed employee evaluations for the Chief, Director of Operations and Executive Secretary and it was decided to just continue meeting with each of them on a regular basis and Muriel felt that continuing to deal with their concerns in person and to also make certain that we praise them when applicable is keeping the lines of communication open at the present time.
12.  The Board asked that M. Noe request that the Parks Department keep them abreast of their decisions for the town beach and parking.
13.  Muriel requested that each Board member independently review the current capital expenditures spreadsheet and come back to a meeting with their recommendations for items to move and/or keep where they are in the timetable.  Scott felt that would be difficult as they don’t know the shape of the highway and fire trucks and equipment and he would only be able to look at it from a bottom line perspective.
14.  Muriel inquired where she might find a current list of all the MGL’s the town has accepted.  M. Noe stated that she believes they are in the yellow town bylaw book and if that hasn’t been updated that the Clerk’s Office would have a list of them.
15.  Muriel asked that M. Noe contact Brockman Real Estate to come pick up the 2 signs that are on the town hall lawn near the Building Inspector’s office.
16.  Warrants were signed.
17.  Inter-Departmental Secretary’s weekly report for 8/23 – 8/29 and 8/30 – 9/5 were reviewed.

A motion was made and unanimously approved to adjourn the meeting at: 10:57am

Submitted by:
Melissa Noe, Executive Secretary
Approved by:
Monterey Select Board

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