Select Board
Minutes of the meeting of 6/13/16
Meeting Opened at: 8:30am
Select Board Members Present: Kenn Basler, Chairperson, Steve Weisz and Carol Edelman
Also in attendance: Dustin Collins, Gordon Bailey, Don Fitzgerald, Art Lawlor, Ben Granskog, Peter Chait, Nick Fredsall, Don Torrico, Jane Whittaker, Tom Carmody, Mary Makuc, Roger Tryon, Keith Mackey, Todd Palmer, Dale Deitrick, Bill Thornton, Ray Tryon, Alicia Couture, Dennis Lynch
The Board met with Building Commissioner, Don Torrico to discuss the following:
Don had been asked to come in to discuss his role, responsibilities and availability. Kenn opened the discussion by stating that because Don holds a full time job in Adams he is concerned Don doesn’t have the time/availability for Monterey (Don asked that it be clarified that this was Kenn’s concern not the Board’s). Kenn did note that people have spoken with him but did not put anything in writing which it was agreed was considered heresay. Don stated that during his 13 years in Monterey he has always held a full time job and has always put in the 14/hours per week he is paid for (sometimes more) he holds office hours on Mondays and Fridays and by appointment. Don keeps a log of all hours worked, all calls received and all inspections made and noted that the permitting software
also tracks any chats within that. Don stated he felt this was all a result of a personal vendetta Kenn has against Don which Kenn denied.
Kenn stated that people were unwilling to put their complaints in writing for fear of repercussions and when asked what kind of repercussions he stated that inspections would be made more difficult; Don noted this isn’t true and stated that Kenn should personally know this isn’t true.
Discussions were had about the following:
- Backstop installed at the ball field and why there were delays: the contractors were not licensed nor did they apply for the required permits due to its size. The state district inspector, Gordon Bailey, also reiterated that the proper procedures were not followed and that Don acted within the law.
- Transfer Station – Don noted that the permit was issued 11 days after it had been submitted. There was a holdup with the Plumbing Inspector as he needed to check with the state to determine if a bathroom (not porta-potty) was required. Don noted that this would’ve flowed more smoothly and quickly if the persons applying for the permits had come to him much sooner to review the plans prior to seeking a permit.
- Community Center – The contractor poured the concrete for the steps without approval under 521CMR.
- New Marlboro Rd Bridge – The construction of this bridge requires a permit and inspections. The only bridges exempt by law are ones constructed and maintained by MassDOT, DCR or MBTA. The architect and engineer must be MA registered. Gordon noted that even if MassDOT did sign off on this particular bridge it would still require a permit and inspections through the town under 787CMR.
Gordon stated that permits issued through the building department are a permission to proceed; not a permission to violate and ultimately the designer or architect is responsible to submit correct drawings under all the applicable building codes.
Building Officials from Sheffield, New Marlborough and Lenox spoke to the permitting process and the fact that building officials are often depicted as a bad guy for following the rules and regulations that contractors should be following. Often the ball is dropped because the contractor, engineer or architect has dropped the ball. Building officials do not want to stop a job just for the sake of stopping a job but they cannot let something proceed that isn’t correct. Building officials need to protect the town’s liability and ensure the safety of anyone that resides in or uses any of the structures in the town and shouldn’t be castigated for doing his job.
Steve asked Don what recommendations he had to prevent situations like the ones noted above. Don noted that the building department is often not consulted for a plan review prior to putting jobs out to bid and requesting a permit (if a permit is requested), he recommended that people need to communicate with him. Mary Makuc suggested that putting things in the Monterey News, in the post office, on the bulletin boards, etc might be a way to educate people about the building requirements.
Don reiterated that he felt this was a personal attack being made by Kenn and requested that he be professional and drop it. 19 letters of support were submitted for the record and to be placed into Don’s personnel file. Don also responded to the comment made that he is vindictive by pointing out a contractor in the audience that has been fined several times by Don but yet was still here to support him; Keith, the contractor stated that in all those instances it was his fault because he didn’t want to wait for the proper approvals.
Kenn stated that given the outpouring of support there shouldn’t be any issues with Don’s reappointment and that going forward Kenn will need to follow the town’s existing policy that if someone is not willing to put their name in writing to a complaint or come forward at a meeting then the complaints can’t be acknowledged. He also stated that the vindictive implication is also a non-issue.
Miscellaneous Items Reviewed:
1. Carol asked M. Noe to print her copies of all the town bylaws.
2. M. Noe was asked to purchase 2 hard copies of the Selectman’s Handbook.
3. Administrative Assistant’s weekly report was reviewed.
4. Police Chief’s weekly report was reviewed.
5. Steve heard that 40 people showed for the Friends of Lake Garfield meeting held on Sunday.
6. Steve reported that he attended the Planning Board meeting on Thursday with regards to the temporary signs popping up all over town. The sign bylaw was reviewed and it was determined that the definition of a temporary sign needs to be clarified. The Planning Board will vote on whether to hold the necessary hearings to amend these once they have a quorum; one member has had difficulty getting sworn in by the Town Clerk.
7. Role of Monterey News Reporter: Kenn stated he asked that this be on the agenda as he has had several people asking him if the reporter was the “4th Select Board Member”. Everyone agreed that they appreciate the interaction and insight provided by the reporter and noted that he follows the proper procedure to speak and hopes that more people will attend and participate.
8. Fiber update: The Broadband Committee has had several productive conversations with surrounding towns. There will be a consultant coming in to speak with the Board at a future meeting – the Committee feels this would be a positive approach to move forward, conversations will need to be had with the Finance Committee to determine where monies would come from to pay for a consultant.
9. Chris Blair submitted his letter of interest to be on the Town Administrator Resume Review Committee.
10. Steve stated that he has been informed that there may be several homes on Lake Garfield that may be drawing their drinking water from the lake. He is of the understanding that by federal statute you cannot put anything in the water if it’s used as drinking water, he will confirm with Health Agent, Peter Kolodziej.
11. The Board interviewed Dennis Lynch for the Grant Writer position.
12. The Board interviewed Alicia Couture for the Grant Writer position.
13. Kenn has spoken with the Finance Committee and there may be the possibility of transferring money from free cash at a town meeting to compensate a grant writer as the Board has become more aware that the current method of compensation the town has approved may limit the number of grants available. A separate meeting will be scheduled with the Finance Committee.
14. Carol will represent the Town of Monterey on the Berkshire Regional Transit Authority (BRTA) Advisory Board for FY17.
15. The Board discussed using 3 of the 4 people interviewed for grant writing based on their strengths. It was agreed that a letter will be sent to the 3 with the strongest municipal experience to write any grants that do allow for the compensation to be written into the grant. The Board will also come up with a minimum of 6 areas where we’d like to have services that we do not currently have funding for - to have the writers research whether grant monies are available.
16. Minutes that still need to be approved were discussed, time will be put aside next week to get them approved.
17. Mail was reviewed which included:
a. Letter from the Town of Colrain notifying us that they have withdrawn as a member of the WiredWest Cooperative.
b. Abutter notification for the FLG NOI hearing with the Con Comm.
A motion was made and unanimously approved to adjourn the meeting at: 12:00pm
Submitted by:
Melissa Noe, Administrative Assistant
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
Town Clerk
Documents reviewed at meeting (can be found attached to the hard copy of the minutes at town hall)
- DTorricosupportltrs(19)
- Colrainltr
- Abutternotification
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