Monterey Select Board
Minutes of the meeting of 7/20/09
Meeting Opened at: 4:00pm
Select Board Members Present: Scott Jenssen, Chairperson, Jon Sylbert (arrived at 4:30pm) and Wayne Burkhart
Also in attendance for parts of the meeting: Sue Protheroe for the Monterey News, Fred Vorck (Lake Buel Preservation and Restoration District), Joanne Brett-Simms, Ronald Simms, Paula Hatch (Lake Buel Preservation and Restoration District), Julio Rodriguez (Friends of Lake Garfield President) and Pat Rodriguez (Friends of Lake Garfield)
Bid opening at 4pm for storm debris removal (hangers & leaners):
Legal notice was read. Sealed bids were received from:
- Storm Reconstruction Services, Inc; $29.95 per tree limb
M. Forbes will review the information and make a formal recommendation to the Board next week.
The board met with Director of Operations, Maynard Forbes to review the following items:
1. Weekly report was reviewed.
2. Work will begin on Fairview Rd where it heaves in the winter (about 100ft); drainage will be put in as well as geofabric.
3. Trash compactors at the beach and Greene Park; the person currently collecting the trash from the big bellies (a spouse of someone on the Parks Commission) can no longer do it and the Parks Department wants the Highway Department to take over this responsibility. Currently it is emptied 3x a week and it appears to be filled with homeowner’s personal garbage and averages about 500lbs of garbage/week. The Highway Department does not have the time to do this in the summer and is not sure it’s a responsibility they want to take on. The Select Board will meet with the Parks Commission about this at a future meeting.
4. An audience member asked about private roads becoming public roads; M. Forbes confirmed that if a private road wanted to become a public way it would first have to be accepted by the town at a town meeting vote and prior to our taking a private road over as a public road, would have to be brought up to our public road standards.
5. Fred Vorck asked about the water in the catch basins installed by the State at Lake Buel and where the runoff was going; M. Forbes confirmed that he has never seen any plans of the installed basins nor did the Highway Department have any responsibilities with regards to the maintenance of them. M. Noe has been in contact with Melissa Provencher at Berkshire Regional Planning in Pittsfield who is researching the matter.
6. Joanne Brett-Simms states that the Town used to maintain Old Beartown Mtn Rd prior to her dad’s death in 1975. The road is a state road and she’s looking for the process to get the Town to begin maintaining it again. It was not confirmed by anyone present that the Town did in fact handle this ever. M. Forbes stated that if it’s a State road the State maintains them not the Town. The Board agreed that Ms. Simms would need to contact the State regarding the maintenance of the road. The Simms asked if the State declines ownership of the road, does that mean that it will fall back on the Simms as their responsibility to maintain? The Board was unable to answer this question.
The board met with Police Chief, Gareth Backhaus to review the following items:
1. Vacation schedule and procedures were reviewed.
2. Report of a suspicious vehicle and suspicious activity were investigated.
3. Assisted with a medial call on Lime Rock Lane.
4. Disturbance at the boat launch involving a group of people and a jet ski; the group was made aware of the boat launch posted rules and were asked to leave.
5. Tree down on Main Rd.
6. Lake Buel boat ramp; Chief Backhaus spoke with Jack Sheppard on Friday and he told Gareth that DCR was going to put a sign down at the boat launch with regards to the mussels and what you can and can’t do. As of this morning it was there near the porta potties. Jack also stated that the State has no intentions of closing any other launches besides the Laurel Lake one and he reiterated that DCR is the only branch with the authority to close any state boat ramps. Chief Backhaus recommended educating people or setting up a washing a station; he was not in favor of going against the State and closing the launch without their permission. Chief Backhaus confirmed that Lake Garfield’s boat ramp is closed to motor boats due to the town beach’s proximity to it and accommodations
have been made to allow people in and out before 6am and after 6pm.
Miscellaneous Select Board Items Reviewed:
1. Warrants were signed.
2. Minutes from 7.13.09 were approved as written.
3. Mail was reviewed.
4. Julio Rodriguez and Pat Rodriguez, members of the Friends of Lake Garfield came in to let the Board know that they have started collecting donations for the Lakefest fireworks. The money comes from donations to pay for the fireworks and the fireworks company handles the insurance. The Select Board signs the fireworks contract which Scott asked that Town Counsel review prior to them signing it. The fireworks are launched from the dam over Brewer Pond. The Fire Company is paid to be on standby near the launch site. Letters need to be sent to the abutters to sign; copies of the letter sent in the past will be provided to M. Noe. The Friends of Lake Garfield wants to see the Town assume the financial responsibilities of doing the yearly fireworks instead of the Friends of Lake
Garfield in addition to the $2,500 the Town already gives.
5. Paula Hatch, head of the Lake Buel Preservation and Restoration District came in to assert how important it was for the Town to close the Lake Buel boat ramp due to the zebra mussel threat even though the State isn’t currently authorizing this. Her concern is that Jack Sheppard is being the mouthpiece for the Fish and Game but that the State does not have a comprehensive plan about controlling invasive species. She is concerned that Jack Sheppard is concerned with protecting fisherman but isn’t acting on a unified approach with the State. She feels that the overflow that can’t get into Laurel Lake and Stockbridge Bowl are now coming to Lake Buel. She provided documents dated 2005 that stated that the State does not have a comprehensive plan to protect the water resource. Fred Vorck and Paula Hatch state that the Lake Buel Preservation and Restoration District is a special municipality as defined under M.G.L. They feel that if nothing is done about the zebra mussels,
property values will go down and everyone will suffer. They are asking that the ramp be closed temporarily and that the time be used for boater education. Fred Vorck stated that Mr. West of the Lake and Pond Association wants all the ponds and lakes closed. Fred stated that George Shippey, Select Board member in Stockbridge had the Conservation Commission and Board of Health declare a state of emergency and closed the ramp that way (Jon stated he had not heard this and someone would need to call Stockbridge to confirm this). Members of the Board were concerned that closing the boat ramp would open the town up to lawsuits. The Board agreed that the ramp should be closed temporarily until at the very least the lakes susceptibility be determined first. Wayne questioned our authority to close the ramp since this is a State boat ramp that we accept no maintenance responsibility for; Jon disagreed and felt that under the great ponds act the State is
supposed to protect the bodies of water and they are not. Scott asked what the potential consequences would be to the Town if we close it; Jon felt that it was a simple civil disobedience. Fred Vorck stated that putting the barrier to block traffic into the ramp at the end of the boat ramp road would prevent people from bringing kayaks and canoes in as they wouldn’t want to carry them this long distance. The policing of letting people remove their boats and how it will be determined who will be let back on the lake was discussed.
A motion was made to declare a state of emergency regarding the need to close the Lake Buel boat ramp and Lake Garfield boat ramp due to a potential zebra mussel infestation which was seconded. After a lot of discussion and review of available materials a vote was taken and the motion passed unanimously to declare an emergency. A motion was made to close the Lake Buel boat ramp until further notice, the motion was seconded. Discussion ensued about whether or not the Harbormaster/Police Chief and Town Counsel should be checked with first. A vote was taken and it passed unanimously to close the Lake Buel Boat ramp until further notice effective Wednesday morning at the entrance of the boat ramp. A press release will be sent to the local paper.
A motion was made and unanimously approved to adjourn the meeting at: 6:10pm
Submitted by:
Melissa Noe, Inter-Departmental Secretary (from a tape recording)
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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