Monterey Select Board
Minutes of the meeting of 3/8/10
Meeting Opened at: 4:00pm
Select Board Members Present: Scott Jenssen, Chairperson, Jon Sylbert and Wayne Burkhart
Also in attendance for parts of the meeting: Sue Protheroe for the Monterey News, Donald Torrico (Building Commissioner), Jeremia Pollard (Town Counsel), Joe Baker (WMH), Ruth Green, Charles Ferris, Peter Kolodziej (Health Agent) and Linda Thorpe (Town Clerk)
The board met with Director of Operations, Maynard Forbes to review the following items:
1. Weekly report was reviewed.
2. Driveway/parking lot for WMH. The Friends of Wilson McLaughlin House (FWMH) are requesting that it be done in the summer. Plan B was presented which has the driveway coming off of Route 23 instead of off New Marlboro Rd which saves a couple hundred feet and will cost considerably less than the original estimate. The area that Bob Heath currently is using (to access the field with his tractor) is not safe for an access to a parking lot, it’s on a corner and the line of sight isn’t good. J. Sylbert asked what kind of parking was currently there; M. Forbes stated that you could fit about 3-4 cars now. Plan B would accommodate 20-25 cars. D. Torrico stated that the parking area proposed under Plan B would be regulated by the Massachusetts Architectural Board. This
is required for any parking areas that have more than 15 spots. J. Sylbert mentioned to Joe Baker that another potential use has arisen for the WMH (historical society) and was concerned that the use approved several years ago may not fit the town’s current needs.
Given all of the current situations, uses and proposals that have recently arisen the Board would like to take a more comprehensive approach versus piecemeal and spending a large amount of money on a driveway that might not fit into the new potential uses. Joe noted that the FWMH should present their new master plan for the property for the Board to review. Joe noted that there will also be an issue with the water supply and quantity controls and the FWMH are in conversations with the Monterey Water Company. Right now the account is a household account, not a municipal account and could not meet the municipal water needs without drying up the water supply.
The Board feels that this project (community garden and dog park) has become much more than just throwing up a couple of fences. The FWMH were under the assumption that the money for the driveway and parking was going to come out of the highway budget; this is not correct, it has to be a special article as the Highway Department does not have the funds in their budget for this unanticipated work. The Board also doesn’t want to ask the town for a large amount of money for the driveway/parking area without a definitive project for the property. Jon doesn’t feel that a finished driveway should be put in for the construction phase; a temporary solution should be done to suit construction needs.
It was noted that the special permit that was granted was only for a community center and community garden, no other municipal use was approved. Charles Ferris felt that a dog park fell under a “community use”. D. Torrico stated that a special permit would have to be opened again because a “dog park” use was not asked for and abutters should have the right to voice their concerns regarding the additional noise that would come from a dog park and other misc. factors that could affect the abutters. D. Torrico stated that plans need to be submitted to him so he can review them and the land use laws to give a more definitive opinion. The Board was in agreement that an “exclusive” space should not be assigned to the historical society and that what would be best would
be display cases throughout the WMH displaying the historical artifacts.
Charles stated that he didn’t feel that the enclosed area for dogs would fall under the bylaw that prohibits dogs in parks in Monterey. He also stated that there wasn’t a bylaw just a regulation adopted by the Parks Commission; this is incorrect, the bylaw in question was approved at the May 2008 town meeting and a copy was given to Mr. Ferris.
J. Sylbert asked if a legal opinion was required to determine whether or not the Town was obligated to install the driveway prior to an approved use of the building. J. Sylbert also questioned if a community garden or dog park could be approved prior to a driveway being installed and if handicap access issues would come into play for the community garden and dog park. Both a community garden and dog park would need an accessible path for handicap individuals but D. Torrico stated again that before giving a definitive opinion he’d like to review the proposal and plans first.
W. Burkhart felt that there were a few good uses presented and a driveway should be installed even though we are in a tough economic time; he felt that the overall cost for the fencing and driveway was small. S. Jenssen concurred with these sentiments. J. Sylbert agreed that the Town supported a community center back in 2005 however the FWMH have been unable to raise money to build a community center and feels that the town may not support the same proposal now considering the town’s changing needs.
Joe and company will meet with Don Torrico and come back to the Board with more definitive plans.
The board met with Inter-Departmental Secretary, Melissa Noe to review the following items:
1. Weekly report was reviewed.
2. Time off request was approved.
Miscellaneous Select Board Items Reviewed:
1. The minutes from 2.22 and 3.1.10 were approved as written.
2. Warrants were signed.
3. At the recommendation of Laury Epstein, Chair of the Agricultural Commission a motion was made to appoint Bettina Schwartz to a 2 year term on the Agricultural Commission. The motion was seconded and unanimously approved.
4. Joe Baker presented a bill to the Select Board for reimbursement to the Friends of Wilson McLaughlin for filing the special permit with the Registry of Deeds ($75). The Board approved payment of the bill and will submit it to the Town Accountant
5. Donald Torrico and Peter Kolodziej were present to discuss the proposed 3% for full time employees only. He wanted to discuss “Credible Service” per Chapter 21 of the Acts of 2009 regarding any municipal employee that makes more than $5,000 a year salary. D. Torrico stated that there are 8 part time employees that would fall into this category. Jon stated that to give all the part time and full time employees a 3% increase would be less than $12,000 and felt that the employees here certainly work hard enough and deserve it. The Board agreed that the cost to live is certainly going up and a 3% increase in salaries was justifiable. The Board asked M. Noe to find the New England CPI; it is 3%. A 3% increase was added to the Assistant Assessor, Town Clerk, Town
Treasurer, Tax Collector, Town Counsel and Sanitary Inspector.
6. D. Torrico will be having an operation this week and will be out of the office for the next 2 Mondays, he will be checking the voicemail and email from home but an alternate will be doing inspections which will be scheduled through Don.
7. D. Torrico informed the Board that he has still not heard from the Stencel’s or their attorney on rectifying their building code violation.
At 5:08pm roll call was taken by the Chair. All Select Board members were present. A motion was made to go into executive session to discuss potential litigation, seconded, and approved unanimously. The Board agreed that they will return to an open meeting. The Board returned to open session at 5:56pm.
A motion was made and unanimously approved to adjourn the meeting at: 6:00pm
Submitted by:
Melissa Noe, Inter-Departmental Secretary
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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