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Select Board Meeting Minutes 9/24/07
Monterey Select Board
Minutes of the meeting of 9/24/07

Meeting Opened at: 8:30am
Select Board Members Present: Jonathan Sylbert, Chairperson, Wayne Burkhart and Scott Jenssen
Also in attendance:  Michael Storch

9:30am: Peter Kolodziej, Monterey Health Agent and Donald Torrico, Building Commissioner/Zoning Enforcement Officer came in to discuss the following with regards to the Art School Road Inn (formerly referred to in previous minutes as the Inn at Art School Rd):

P. Kolodziej updated the board with a history of the previous visits and conversations made by the Building Commissioner and himself with the owners of the residence in question.  Since then,  there hasn’t been any further communications or requests from the owners but the Board of Health and Building Inspector have been made aware of the residence operating illegally as a B&B.
There are several building/safety requirements that have not been implemented that the owners were informed would have to be done if they wanted to run a boarding house (to rent to more than 3 people).  The owners also have not applied for any Board of Health permits (foodservices, B&B permit).  Their website does show that they offer cooked meals in addition to continental breakfasts and accommodations for up to 7 people.  P. Kolodziej also informed the owners previously that any change in use that increases the capacity would have to comply with Title V regulations which may mean upgrading their current system.  The Board of Health and Building Inspector suggested that with the Board of Selectmen’s approval the town should have Town Counsel review all the documents in hand and file a complaint.
The Board asked the 2 departments to submit all the information to Town Counsel and get his recommendation on how to go forward.
S. Jenssen did not comment during this conversation and will recuse himself from future conversations due to a past business association.

The board met with Police Chief, Gareth Backhaus to review the following items:
1.      Disoriented hiker on the Appalachian Trail in Beartown State Forest.
2.      False Alarms at: Elephant Rock Rd,
3.      Assisted ACO with a possibly rabid kitten.
4.      Officer Dondey has completed his required physical for the academy, next is the physical agility test.
5.      The Board asked how the new officer was working out.  Chief Backhaus stated that he has been sent for uniforms and that we’re just waiting on his handgun certification/qualification.

The board met with Town Accountant, Barbara Gauthier to review the following items:
1.      MMA Fiscal Pressures Survey; help with some of the questions.

Miscellaneous Select Board Items Reviewed:
1.      Mail was reviewed.
2.      Minutes from 9.17.07 were approved as corrected.
3.      The Board reviewed the highlights of last weeks meeting for S. Jenssen who was unable to attend last week’s meeting.
4.      The Board sent a memo to the Planning Board to check the status of the Commonwealth Capital Grant Application that was given to them in August.
5.      A check was received from the Massachusetts Technology Collaborative towards the Big Belly Trash Compactor which was turned over to the Treasurer.
6.      MMA Fiscal Pressures Survey was completed and will be faxed in today.
7.      The Board asked P. Kolodziej about the process and procedures set in place when Tri Town Health performs the cigarette compliance checks.  One member of the board felt that using a minor that appears to be old enough is entrapment.  P. Kolodziej explained that it is not entrapment because the only thing that needs to be done by the store/clerk is to ask the purchaser for an i.d.  Peter explained that this is the 3rd violation that has occurred at the Monterey General Store.  Tri Town Health is working on an initiative that would make the clerks liable for selling to a minor versus the store as a whole; there would be a certification for clerks and a training/testing component to receive your certification.  Peter mentioned that Berkshire County has one of the highest rates of teen smoking and pregnant teen smoking and this is a public health issue that affects everyone.
8.      Julio Rodriguez came in to discuss the money still owed for the Fireworks.  J. Rodriguez spoke with Kenn Basler at the Monterey General Store and he is working on raising the additional balance due.  B. Gauthier, Town Accountant came in to inform the board that Kenn did provide $3800.00 but there is still a balance of $2000+ owed.  It was discussed that a contract will not be signed in future years until the money is in hand for payment of the fireworks.
9.      Julio Rodriguez informed the board that the residents on Sylvan Rd are going to be repairing the private section of Sylvan Rd and wanted to know if the town will be inclined to fix their portion.

The meeting adjourned at: 11:05pm

Submitted by:
Melissa Noe, Inter-Departmental Secretary

cc: Website (www.monterey-ma.org )
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