Monterey Select Board
Minutes of the meeting of 7/27/09
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, Mike Mielke, Richard Nault, Fred Vorck, Paula Hatch, Chris Cobb (Lake Buel Harbormaster) and Dave Lewis (Lake Buel harvester operator)
Miscellaneous Select Board Items Reviewed:
1. Warrants were signed.
2. Mail was reviewed which included:
a. An email from Planning Board Chair, Cynthia Hoogs stating that they haven’t had any interested parties in filling the vacancies on the Board. The Board will suggest that the Planning Board place an ad in a local newspaper advertising the vacancies.
b. Letters from the Department of Fish and Game and Town Counsel regarding the illegal closing of the Lake Buel state owned boat ramp and it’s associated penalties and consequences.
c. Letter from Eric Montgomery regarding his driveway and Fairview Rd; Mr. Montgomery will be coming in to review this further with the Board and M. Forbes on August 3rd.
3. 4:30-6:15pm: Several New Marlborough and Monterey residents (including members of the Lake Buel Preservation and Restoration Committee (LBPRC)) were present to discuss their concerns with the temporary closing and/or possible re-opening of the Lake Buel boat ramp.
a. Scott stated that the group would have until 5:30pm to express their concerns and then the Board would need to deal with town administrative issues.
b. Wayne questioned the LBPRC on whether Lake Buel has had its calcium level tested; P. Hatch stated that she has contacted someone to come out but it hasn’t been done yet.
c. Dave Lewis stated that while he is not a resident and doesn’t have a personal interest in the closing or re-opening of the boat ramp he is concerned with the amount of money Lake Buel residents have already spent to eradicate the invasive weed problems. If the zebra mussels were to invade the lake it would be counterproductive to maintenance measures currently in place. Paula Hatch stated that she is concerned that if Lake Buel is to become infested they could ruin the $150,000 harvester that the Lake Buel Preservation and Restoration Committee paid for, not the State.
d. Mike Mielke stated that he doesn’t understand how you can prevent some people from using the boat ramp but allow the people that live on/around the lake to continue to use the lake, just because their boats are stationed in the lake. Mike questions the legality of closing the ramp and the discrimination being incurred. Dave Lewis stated that the people that live on the lake pay a Lake Buel District tax which maintains the lake and he felt that entitled them to this “privilege”. Mike stated that the lake is owned by the Commonwealth not the lake residents and is open to everyone to use, it’s not a private lake.
e. The members present noted that ice fisherman will be a big issue and everyone is open to suggestions on how to monitor and educate everyone regarding the problem. Ice augers, poles, etc can also carry the zebra mussel and since ice fisherman would be on foot or could access through private property, the current barrier wouldn’t stop them from accessing the lake.
f. Jon stated that the Select Board closed the Lake because they felt the lake was vulnerable and since the State was not coming up with an acceptable solution; temporarily closing the ramp was a good short term solution. The Board suggested that on reflection it may have been a better idea to have held a public meeting first to have heard from everyone concerned prior to closing the boat ramp. Jon has spoken with the State and they do not know how many lakes are infested and they have not tested which lakes are more vulnerable than others. Jon has spoken with the State about some of the solutions the State is looking at putting into place sometime next year.
g. Mike asked how long the zebra mussels have been in the Twin Lakes and if it’s been an issue there for some time they are most likely already in Lake Buel. Boaters of Laurel Lake (where the zebra mussels have been for at least one year) have used Lake Buel so he didn’t feel that closing the ramp now was going to solve or prevent any issues.
h. Scott spoke to Jack Sheppard last week and Jack informed Scott that the Board is breaking the law by closing the state boat ramp illegally and are opening themselves up to potential lawsuits as a town and individually. Town Counsel has advised them of the same potential issues.
i. A letter from DCR has confirmed that Quabbin Reservoir in Boston has been temporarily closed for 45 days to determine if there is a potential threat to Boston’s drinking water source.
j. Wayne stated that this whole problem is more complicated than just washing boats prior to them entering the lake. He feels that Monterey has “made noise” but doesn’t feel that we can take it any further. Everyone present has agreed that in the winter, monitoring access will be nearly impossible as ice fisherman will have foot access to the lake. Chris Cobb stated that the committee’s budget is less than $100,000.
k. Mike stated that if Lake Buel remains closed then Lake Garfield will be in next week wanting to close theirs. Jon stated that their ramp is not a state boat ramp.
l. P. Hatch asked that the Board send a letter to the State requesting permission to close the ramp while testing can be done. Jon noted that when he voted to close the ramp last week he felt it was in the best interest of the Town and the constituents that he works for. He still suggests that a public meeting be held to hear everyone’s concerns and come to a united action to be taken. Those present felt you’d be pitting the two groups against each other (those that want the boat ramp reopened and those that live on the lake and want it kept closed). Wayne stated that if a public meeting was going to be held, experts would need to be present. Wayne felt that closing the ramp was extreme as it was a partial measure.
m. P. Hatch stated that the committee wants to help in any way they can.
n. Mike Mielke stated that jet skis, canoes, kayaks and other easily moveable items can come and go in the lake through private access and its discrimination to prevent him from accessing the lake but those who live on the lake can still use it. Jon agreed that if the Board wants to show their support in protecting the lake than everyone that has a vessel in the water currently should have to remove it and no one should have access until a solution has been found. Scott asked if the homeowners around Laurel Lake have been ordered to remove their vessels and all activity has to cease.
o. The conversation was tabled for the evening and a letter will be drafted to the access board and will continue the conversation at next week’s meeting. The Board asked the committee to find a boat washing station in Gt. Barrington and what are the minimum requirements to kill the mussels and allow a boat to re-enter a body of water. Paula did not feel it was the committee’s responsibility to find a solution.
A motion was made and unanimously approved to adjourn the meeting at: 6:15pm
Submitted by:
Melissa Noe, Inter-Departmental Secretary
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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