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Select Board Meeting Minutes 4/22/13
Monterey Select Board
Minutes of the meeting of 4/22/13

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, Lonnie Solomon, Tom Poulin of Crocker Communications, Linda Thorpe, and Chris Blair

Miscellaneous Select Board Items Reviewed:
1.  Lonnie Solomon of 3 Gould Rd came in to request that the Town plant fast growing trees to block the noise that has increased since the repairs were made to the bridge on River Rd.  Ms. Solomon was previously informed by the Director of Operations and Inter-Departmental Secretary that she would need to contact the Tree Warden regarding any requests to plant trees.  The Board asked M. Noe to email the Tree Warden and cc the Director of Operations requesting that the Tree Warden call Ms. Solomon to discuss any options available.
2.  The Board reviewed the requested information from Chief Tryon regarding his FY14 budget.  They will discuss this further next week.
3.  Tom Poulin from Crocker Communications came in to present options available for broadband services.  Information and pricing were provided for a fiber connection through the MA Broadband equipment recently installed.  Voice services over the internet are also available.
4.  Linda Thorpe, Assistant Town Clerk came in to let the Board know that Denise Andrus has resigned as a Library Trustee and that the Trustees are aware of the resignation and will be coming in with recommendations for an appointment to fill the vacancy.
5.  Chris Blair of the Conservation Commission came in to speak with the Board about the conflict of interest law, specifically special municipal employees brought to his attention while taking the ethics test online.  He provided the Board with information on Special Municipal Employees obtained from the State Ethics Commission website and the MMA website.  This status allows unpaid municipal positions that hold other paid positions to engage in conversations about projects within the town.  Designations are made for the position, not the person and it remains a “special municipal employee until the classification is rescinded.  The Board recalled having made these designations in the past but Chris stated when he inquired with the Town Clerk’s office they did not have any such list.   A motion was made to designate the members of the Conservation Commission as Special Municipal Employees.  The motion was seconded and approved unanimously.  M. Noe will let the Town Clerk know of this designation so that the Massachusetts State Ethics Commission can also be notified.
6.  CJ Day of Cornerstone Telephone came in to present options available for broadband services.  Information and pricing were provided for a fiber connection through the MA Broadband equipment recently installed.  Voice services over the internet are also available.  CJ stated that the library has already signed up with Cornerstone.  Cornerstone has a local office in Richmond and their network runs from Springfield and Albany.  CJ will have the representative that handles the “last mile” come in and speak with the Board about bringing fiber to individual homes.
7.  Wayne recused himself from the following: Muriel and Scott reviewed the earth permit renewal application for Tryon Construction for 2013.  A motion was made to approve the permit which was seconded.
8.  David Driscoll of 402 Main Rd came in to complain about a town culvert that drains onto his property when there are excessive amounts of rain and it keeps washing out and creating holes in his yard.  He added that the culvert has been there for approximately 30 years.  The Board asked M. Noe to email Maynard to set up a meeting with David to discuss what the Town could do.  
9.  Muriel stated that she does not feel that the value provided to us is really worth the $250 renewal fee for a membership with the Southern Berkshire Chamber.  Scott felt that renewing shows our support for the other members in the community and it is a much smaller investment than some of the other programs we support such as the Berkshire South Community Center.  He noted that he has taken advantage of at least 2 of their programs offered this year.  He feels it is a good service for the community.  Wayne also felt it was a benefit and that it was a small price compared to some of the other programs we support.  Steve will be asked to mail the renewal fee to the Chamber.  Renewing the membership was approved 2 to 1.
10.  Muriel updated the Board on her communications with regards to the WMH bidding situation.  It was noted that Town Counsel has stated his opinion is that the WMH should follow the bidding requirements based on the total value of the project and put the de-leading project back out to bid properly.  She noted that Maynard has spoken with the Debbie Anderson at the AG’s office and he was told that they concur with Town Counsel’s opinion.  Muriel had forwarded along both of these opinions to Michael Banner of the WMH Committee.  Michael also called the AG’s office and spoke with Debbie Anderson and according to an email Muriel read Michael was told by Debbie that she felt the WMH needed to put the de- leading in the General Journal and rebid it, but after that, she felt the 100 +/- didn't apply as the WMH are doing the projects as they come up with the funds. He said that Debbie said it did not appear that the WMH was trying to circumvent the bidding laws.  Wayne felt that there were a lot of people not working together here impeding progress and that it seems as though the departments are all fighting each other.  Muriel felt that the Board had an obligation to protect the Town and any Board members/employees that were involved with the awarding of the project.
11.  Muriel wanted to correct a misunderstanding/miscommunication on information that was in a recent WMH quarterly report which noted that a gift of $50k from Lew Scheffey was partially used and then the remainder of the money was put back into free cash.  According to Steve Pullen, Town Accountant the remaining money did not go back into free cash it was all used for maintenance of the property (Bally Gally included).  Muriel just wanted to clarify that the statement made in their last quarterly report was not entirely accurate.  Funds designated for the WMH property were all spent on that property from a special revenue account; none of the money went into the town’s general coffers.  Muriel and Wayne will follow up on the receipts the Accountant has to determine where the $50k was appropriated.
12.  Scott asked M. Noe to follow up with the Highway Department to make sure that the hole at Roadside gets patched this week.
13.  The minutes from 4.8.13 were approved with minor amendments.
14.  The Board received 2 letters of interest to fill the Finance Committee vacancy from Ian Jenkins and Don Clawson.  This appointment would be made until the next election as the resignation was not received within the time frame to be placed on the election ballot.  The Board will wait one more week to decide on this appointment.
15.  The Board reviewed the criteria that the highway employees are looking for in a Memorandum of Understanding and will continue this discussion until next week.
16.  Muriel provided copies of her suggestions for implementing exit interviews which included a questionnaire and cover letter to Scott, Wayne and M. Noe.  She asked everyone to review them to discuss its implementation at next week’s meeting.
17.  The Board asked M. Noe to instruct the Treasurer to auction off both of the properties that have been foreclosed on by the Town which she brought to the Board’s attention at the March 4th Select Board meeting.
18.  The Board discussed the upcoming informational meeting to be held on Friday at the Firehouse.
19.  Scott asked M. Noe to find out if Steve Pullen was still going to be the emcee at this year’s Memorial Day festivities.  He also asked M. Noe to prepare the letters to all the parties that are usually involved in the festivities and to order at least 250 12x18 flags.  M. Noe will also place the order for the wreaths.
20.  Septic loan fund: Muriel has received conflicting information on what the Select Board can do with regards to this account from a current Finance Committee member and the former Town Accountant.  She wanted the Board to have a head’s up as there may be a necessity for a special town meeting if what the former Town Accountant has advised is correct.
21.  Mail was reviewed which included:
a.  Resignation letter from Officer Mullen.
b.  Chapter 91 Simplified license filing notification for Steven Litvack of 16 Laurel Banks.
22.  Warrants were signed.
23.  Inter-Departmental Secretary’s weekly report reviewed and time off requests were approved.

A motion was made and unanimously approved to adjourn the meeting at: 11:17am

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

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