Monterey Select Board
Minutes of the meeting of 3/3/08
Meeting Opened at: 8:30am
Select Board Members Present: Jonathan Sylbert, Chairperson, Wayne Burkhart and Scott Jenssen
Also in attendance for parts of the meeting: David Driscoll, Deborah Mielke, Robert Lazzarini, Town Counsel Jeremia Pollard, Rodney Palmer, Kathleen Frome, Barbara Dahlman
The board met with Building Inspector, Donald Torrico and reviewed the following items:
1. D. Torrico met with S-Board to discuss the use of trailers for storage and business use.~ Trailers that are used for this use are not mentioned in the Bylaw and therefore are not allowed.~ Discussion centered around the Select board possibly issuing permits for the use of these temporary structures for a certain time frame in addition to requiring a permit per state Building Code requirements. DT suggested a discussion with Planning Board for the possibility of a Bylaw inclusion.
2. DT discussed with the Board that errors are still present in the Permits section of the Zoning Bylaw.~State~regulations~supersede the local zoning ordinance pertaining to some of our regulations and therefore are not correct in our Bylaw.~ An appointment will be made to be included on the Planning Board agenda to discuss this with the Board.
3. D. Torrico informed the Board that a $500.00 fine was collected from the owners of the Blue Heron Landing for violations committed. The owners are working with all of the Town Inspectors on becoming compliant.
4. D. Torrico updated the Board on Seven Stones and confirmed that the property was sold last week. D. Torrico performed a site inspection last week and the owner provided D. Torrico with copies of the Building Permits that were issued by a previous Building Inspector which did not have a final inspection sign off by the Building Inspector.
The board met with Town Accountant, Barbara Gauthier to review the following items:
1. Warrants were signed.
The board met with Inter-Departmental Secretary, Melissa Noe to review the following items:
1. Weekly report for 2/10-2/29/08 was reviewed and the following items were discussed in detail:
a. Regarding Question/Unresolved item #1 and the 11 residences that have not renewed their yearly alarm permit; the Board advised M. Noe to send out a reminder/warning letter with notice of the fine to be imposed for not renewing. The text of the letter was reviewed and approved by the Select Board.
b. Regarding Question/Unresolved item #2 and the 5 residences that have not paid their false alarm fines the Board advised M. Noe to make sure each has had at least 2 warnings regarding the past due amount and then let them know that if not paid in 45 days a criminal complaint will be filed. The text of the letter was reviewed and approved by the Select Board.
c. Regarding Question/Unresolved item #3 and the Town Report dedication; the Board would like to dedicate it to Anne Marie Makuc and asked that Kathleen Wasiuk write it.
d. Regarding Question/Unresolved item #4 and meeting requests for the meeting room (and associated problems that have arisen). The Board asked M. Noe to contact the proper governmental body that handles the Open Meeting Law and set up a “refresher course” for all town committees and boards.
Miscellaneous Select Board Items Reviewed:
1. The Board was made aware that the Finance Committee had to reschedule their meeting with the Board to finalize the budget from today until next Monday because a Finance Committee quorum was not available.
2. David Driscoll, owner of property located at 402 Main Rd came in to discuss a tree on the property line that is being destroyed by a woodpecker. The owner states that it is in the right of way on town property and needs to be removed before it falls and does any damage. The owner states that the Tree Warden told the owner (on February 25th) not to contact any tree companies to remove it because it is a Town tree and the Town should take care of it. The Board will speak with M. Forbes about this to confirm it is a Town tree and if the Town would take it down or the electric company due to it’s proximity to the
wires.
3. J. Sylbert and W. Burkhart gave an update on the SBRSD Public Hearing on the FY09 budget.
4. The Board discussed an email from the Town Clerk regarding the school petition placed at the Town Hall. The Board wrote and sent a letter to the Town Clerk stating: “We are in receipt of your email regarding a citizen petition placed at the Town Hall. The Board would like to clarify for the record that the Inter-Departmental Secretary was not responsible or involved with the placement of the petition or its details.”
5. The Board approved the minutes as written from 2.11.08.
6. Jeremia Pollard, Town Counsel came in to discuss the following with the Board at the Board’s request:
a. Perceived conflict of interest issues by Town Counsel. The Board wanted to know why there are so many perceived conflicts of interest. The Board stressed that there shouldn’t be a perceived conflict of interest if Town Counsel isn’t representing the Town in negotiations and rather just reviewing or advising/assisting with wording. Town Counsel wanted to think about the hypothetical situations that were discussed before answering.
b. FY09 budget request: The Board did not have an issue with the budget increase and understood the reasons for it.
c. J. Pollard suggested adding a separate line item for Town Counsel expenses or additional legal counsel. B. Gauthier was asked to come in to discuss this.
d. Town Counsel was asked about town offered health insurance. The Town Accountant wanted it confirmed if health insurance had to be offered to all elected officials if one elected official has it or if it was only to elected officials that worked more than 20 hours/week and if it is legal to have a warrant item at town meeting to prohibit elected officials from receiving health insurance unless approved on a case by case basis at Town Meeting. Town Counsel will respond officially to the Board prior to the closing of this year’s Town Meeting Warrant. (It was noted by the Town Accountant that this subject was not brought up to take it
away from anyone or to deny anyone, just to clarify it for future elected and reelected officials.)
e. J. Pollard updated the Board on the probate court case and that it is almost complete.
7. D. Mielke came in to discuss a few of the agenda items for the School Committee meeting scheduled for this Thursday. D. Mielke wanted to confirm with the Board that if a motion was made to increase the budget would the Select Board support it. The Board confirmed it would support an increase. D. Mielke also asked the Board how they would like Monterey to vote regarding the assessment method. The Board confirmed that Monterey should vote for the alternate assessment method.
8. R. Palmer came in to find out the status of the Public Boat Ramp. The Board is still waiting on a quote from Foresight Land Services to perform the requested survey items. A call was made to Foresight about the status of the quote so that it may be placed on the Town Meeting warrant for FY09 by the Boat Ramp Committee; John Campetti will mail that to the Board this week for next Monday’s meeting. Regarding boat access on Lake Garfield for this summer, the new owner’s of the former Kinne’s Grove property have stated that they will work with residents on a case by case basis.
9. Kathleen Frome and Barbara Dahlman came in to follow up on the possibility of working on a sister city project for the Town of Monterey. K. Frome wanted to keep the Board up to date on the sister city committee’s progress to date. The Board suggested that this committee may want to team up with the Local Cultural Council on this matter.
A motion was made and unanimously approved to adjourn the meeting at: 12:00pm
Submitted by:
Melissa Noe, Inter-Departmental Secretary
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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