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Select Board Meeting Minutes 10/22/07
Monterey Select Board
Minutes of the meeting of 10/22/07

Meeting Opened at: 8:30am
Select Board Members Present: Jonathan Sylbert, Chairperson, Wayne Burkhart and Scott Jenssen
Also in attendance:  D. Mielke of the Monterey News

The board met with the Director of Highways, Maynard Forbes and reviewed the following items:
1.      J. Sylbert and Maynard Forbes made a site visit to Brace Rd.  
2.      Dam inspection results were reviewed.  A copy of the report was provided to the Board for their records.
3.      M. Forbes received an old layout (map) of Rt 23 from R. Hoogs.  He was told by R. Hoogs that all the maps are located at the Central Registry.  M. Forbes will go up and take a look.
4.      M. Storch stated that at the corner of Tyringham and Rt 23 (by the church) the road is eroding.  M. Forbes is aware of the problem and said that they plan to grind it down and redo that section.
5.      M. Forbes had training on the Construction Reform Act by a representative from the State Office of Minority and Women Business Assistance (SOMWBA).  M. Forbes reviewed their website determined that there are only 3 certified contractors in our area.
6.      Weekly report was reviewed.
7.      The lake drawdown has begun; it should be down 25 inches by Friday (10/26/07).  Three inches per day is being let out and it’s being done slower than usual.  This year is a 6 foot drawdown.

The board met with Police Chief, Gareth Backhaus to review the following items:
1.      Pole fire on Main Rd.  National Grid informed Chief Backhaus that they have replaced over 100,000 insulators in Massachusetts.
2.      Police are investigating a crash into a guardrail on Main Rd; the driver left the scene.
3.      Complaint on Beartown Rd; illegal fire that was shut down.
4.      Two mutual aid calls in Gt. Barrington.
5.      Dead raccoon complaint; officer disposed of it.
6.      Chief Backhaus stated that Officer Dondey is doing an excellent job.

Miscellaneous Select Board Items Reviewed:
1.      The minutes from 10.15.07 were reviewed and amended and will be reviewed and approved next week.
2.      Chris Blair of the Monterey Conservation Commission came in to discuss the Order of Conditions for the NOI for Lake Garfield Drawdown for next year.  Chris provided the board with a draft to review.
3.      Josh Allentuck, resident, came in to discuss the missing cones that were placed near his house to slow down traffic coming to the stop sign at the corner of Tyringham and Main Roads.  He stated that when the speed trailer was placed it wasn’t in the best spot.  He requested that an officer run radar during the drive times to enforce the speed limit that is not being adhered to.  The board made three suggestions; lowering the speed limit to 20mph before the corner; move the machine to above S. Tryon’s driveway and order more cones to replace the ones that disappeared.  J. Allentuck questioned why the cruiser is parked on the side of the building instead of in the front of the building and why the extra cruiser can’t be placed without an officer to deter speeding on Tyringham Rd.
4.      Mail was reviewed.
5.      The Town Clerk’s response to the Board’s request to answer directly to the Board whether of not she would participate in mediation between herself and the Inter-Departmental Secretary’s office was read.  She stated that she has agreed to mediation under certain circumstances and only with the three elected members of the Select Board.  She stated that this is more appropriate that the board’s request to mediate with an appointed employee.
6.      J. Sylbert reviewed the events that took place at the School Committee meeting last Thursday.  The board is writing a letter to clarify the Town’s position to the Select Boards of New Marlborough, Alford, Sheffield and Egremont; Senator Downing and Representative Pignatelli will be cc’d. The letter will also be sent to the Eagle.
7.      Peter Murkett came in to discuss the following with the Board:
a.      Ms. Swann’s response to the Board’s request (see item #5 in Misc).
b.      After last weeks meeting Peter wrote a letter to be published in the Monterey News which he has solicited signatures for.  He is still deciding whether or not to place it in the paper.  He asked for copies of the harassing email and letter sent to M. Noe to be better informed.
c.      The Board read Town Counsel’s draft response to the sender of the harassing email to M. Noe.  The Board is not currently taking action but following is a draft of Town Counsel’s response to the email sender:
i.      “Dear Mr. DePlanter,
Please be advised that I represent the Town of Monterey.  In response to your correspondences to Ms. Noe, you are incorrect to assume that the Select Board has not seen your emails.  Rather, your address was requested (by the Select Board) so that I could respond formally to your email through a letter.
In a word, your email of September 24, 2007, is unacceptable.  Although the Town certainly encourages public input and petitioning activities, your email is wholly inappropriate to the extent you allege by innuendo that one of the Town’s employees has a “past” that compromises her in her profession.  Your allegations thus border on libel and the Town respectfully requests that in the future, you address concerns to the Select Board in a proper manner and in an appropriate forum.
Please contact me if you have any questions.
Sincerely,
Jeramia A. Pollard”
d.      After viewing the Berkshire Eagle’s video clip of Barbara Swann’s interview where she continually states that she is an agent of the State, it was questioned as to whether or not there is a State Board or Commission that can get involved in the matter.  A meeting posting infraction by the Town Clerk’s office is being investigated by outside agencies.  
e.      It was mentioned by a resident that Barbara Swann has on more than one occasion politicked in Town Hall and told people who they should vote for.  The resident recommended that people witnessing these infractions should contact the Ethics Commission and file a formal complaint.
8.      R. Palmer came in for an update on the letter to the Thorn’s. He was informed that the Thorn’s have responded (see prior week’s minutes).
9.      The Board replied via email to the Sheffield Kiwanis regarding their Kiwanis road clean up; they prefer November 10th and would like the section of road to start at River Rd and go down Main Rd to the Gt. Barrington town line.  The Chief of Police and Director of Operations were cc’d.

The meeting adjourned at: 12:00pm

Submitted by:
Melissa Noe, Inter-Departmental Secretary

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