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Select Board Meeting Minutes 4/23/07
Monterey Select Board
Minutes of the meeting of 4/23/07

Meeting Opened at: 8:30am

Select Board Members Present: Michael Storch, Chairperson, Wayne Burkhart and Jonathan Sylbert
Also in attendance: Maggie Leonard for the Monterey News and Scott Jenssen

The board met with Building Inspector, Donald Torrico and reviewed the following items:
1.      D. Torrico came in to inform the board of the retaining wall that fell during last week’s storm that fall on Mt Hunger Rd.  A final sign off/inspection letter was received from the engineer back in June of 2006. (note: the Conservation Comission is also sending a letter to the owners instructing them to take immediate action to stabilize the remaining wall and unrestricted fill at the collapse and remove debris at the base of the wall and appear at the May meeting with a plan to permanently fix the problem)
2.      D. Torrico reported on the fire at a residence on Lake Buel as well as some flooding issues from last week’s storm.
3.      The building department received several phone calls from several tenants at Blue Heron Landing complaining of no water and electricity for several days. When a site inspection was performed with the Monterey Health Agent, some illegal construction was seen and documented by the Building Commissioner.
4.      M. Leonard stepped out of her seat as the Monterey News reporter and into her seat as the Chair of the Planning Board to discuss with the Board and Building Commissioner the options that the Roadside Store has with regards to the new sign they’d like to put up.  The general consensus was that they would need to apply for a variance under the Monterey Zoning Bylaws with the Zoning Board of Appeals.

The board met with Police Chief, Gareth Backhaus to review the following items:
1.      Flood issues on Monday.  The Police, Select Board and Highway Department declared a state of emergency at 9:30am on Monday, April 16.  A damage assessment was performed for MEMA.
2.      Fire at a home on Hebert’s Cove.
3.      2 out of control brush fires (both had burn permits) this weekend; 1 on Harmon Rd and 1 on Cronk Rd.
4.      Call from Sylvan Rd about a dog that returned home with a human bone; after an investigation it was determined that it was from a deer carcass.
5.      The decals were applied to the speed sign.
6.      MEMA will be here at noon today with regards to damage from the flood in the private sector.  Tuesday at 9:30am, MEMA will be here to inspect the flood damage to town property.
7.      G. Backhaus informed the board that he will not be able to make the Informational Meeting but will send another officer in his place.

The board met with Town Accountant, Barbara Gauthier to review the following items:
1.      B. Gauthier asked the board the status of the Elevator Inspection bill the town received.  The elevator company wants to know where it states that municipalities are exempt.  A letter will be sent to Attorney Scully to research this.
2.      L. Thorpe came in this morning with a bill for the flags purchased for the soldier’s graves and asked why their budget was zeroed out when they actually asked for it to be increased by $50.00.  D. Mielke of the Finance Committee was notified and after pulling the original budget request received it was noted that the Finance Committee made a mistake.  This will be corrected on the floor at town meeting.
3.      B. Gauthier informed the board that the town has a bylaw that a secret ballot must be performed when the town is borrowing any money; the Town Clerk has also been notified.
4.      The warrants were signed for 2 weeks as the Treasurer will be out of town due to a family emergency.

The board met with Fire Chief, Ray Tryon and reviewed the following items:
1.      Ray Tryon asked if the board has begun any preparations for Memorial Day; J. Sylbert informed him that the Memorial Day committee is working on it.

10am – 10:15am Jina Ford of Berkshire Mediation Services:
Ms. Ford presented the board with a copy of her findings from recent interviews conducted with several departments, boards and employees in the town offices.  She mentioned that the board will want to review the findings and decide how they want to present them to the town and how to proceed based on her follow up recommendations.  M. Storch made a motion that was seconded by J. Sylbert to take some time to read this and absorb it and would then like to meet with Jina at a later date to discuss any questions that the board might have.  Ms. Ford also informed the board that she received many requests from several of the interviewees to receive a copy of the findings as they feel they are a public record.  The board wants to look at the document and explore it further and does not feel that it is a public document until it is accepted as such.

B. Gauthier stated that when she agreed to be interviewed she did it with the understanding that the final report would become public.  The board acknowledged that and stated that many other interviewees had the same request.  The board is in favor of rectifying any problems/issues that may have been found from the mediation interviews.

Miscellaneous Select Board Items Reviewed:
1.      The board discussed the Employee Compensation Committee’s duties and the research they did concerning the positions in Monterey and the compensation associated with those positions compared with surrounding towns.
2.      The notification of abutters for a Notice of Intent with the Conservation Commission for a planned project at the USPS was read.  Dick Tryon came into tell the board that he is against the project as it’s going to take away another parking spot in the center of town and asked that the town put up as many road blocks as possible to prevent this project from happening.  He also requested that a survey be performed that he feels would show that they do not own enough property/road frontage to do this project.  W. Burkhart mentioned that Mr. Tryon should speak with Maynard Forbes as the Highway Department should have a copy of the original surveys performed.  Mr. Tryon stated that he believes that the deeds for the survey of the roads are actually located at the registry in Pittsfield as it was the layout from the 1800’s when the original roads were laid.  The board informed Mr. Tryon that the building department rejected the building permit for this project and the owners will need to apply for a special permit with the Zoning Board of Appeals.  The board also noted that there is plenty of parking available if people were to use the spaces at the Town Hall.
3.      J. Sylbert recused himself from the following discussion.  M. Storch made a motion after a hearing was held on Thursday, April 19, that the Select Board advise Mr. Hudson and their attorneys that the town will be transferring it’s first right for the land on Tyringham Rd to the Monterey Preservation Land Trust.  At their request the town is investigating whether the land is in 61B status and has notified town counsel.  W. Burkhart seconded the motion.  S. Ross of the Board of Assessors was notified of what transpired at the public hearing.
4.      The board approved the 4.9.07 minutes as written.
5.      Mark Makuc came into discuss the following with the board; As the moderator he is against the town meeting being videotaped because he feels that people may feel intimidated.  The board will be canceling CTSB but asked how he felt about a tape recorder being placed on the head table.  Mark had no objections to an audio recording of the meeting.
6.      S. Jenssen (a Select Board candidate) came in to speak with the board about the following in preparation for the upcoming candidate debate:
a.      He asked the board what the biggest issue is that is facing the town right now.  When Scott interviewed residents about this most said nothing but there were some concerns about the boat ramp, the Scenic Mountain Act, salt usage, the West Rd development and widening of the road, the Tree Warden’s authorities, the Building Commissioner and how the town perceives him/the department and the procedures necessary for a permit.
b.      Scott is concerned about Lake Garfield and what makes it a Great Pond.  He asked about the status of the boat ramp and if the town was actively seeking a solution.  The board said that they are investigating its options but there is a long history and no one simple solution.
c.      Scott also asked about the boards stand on cell towers.  There is currently a bylaw that exists that essentially prohibits any cell towers in Monterey.  The Planning Board is currently reviewing the bylaw and speaking about a possible change.
d.      Scott inquired about an official job description for Select Board members and J. Sylbert will lend Scott his Select Board manual to review.
e.      Scott inquired of Maggie Leonard about the status of West Rd and the rumor of subdivision plans.  As of today no subdivision plan has been filed.
7.      The Town Clerk was contacted by the board to request that additional copies of the town meeting warrant be dropped off at the town hall for residents to pick up.
8.      J. Sylbert left a message for Attorney Scully with regards to the status of the Wilson McLaughlin House will and correspondence sent from the Select Board.

The meeting adjourned at: 12:10pm

Submitted by:
Melissa Noe
Inter-Departmental Secretary
Town of Monterey

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