Monterey Select Board
Minutes of the meeting of 7/19/10
Meeting Opened at: 4:30pm
Select Board Members Present: Jonathan Sylbert, Chairperson, Wayne Burkhart, and Scott Jenssen
Also in attendance for parts of the meeting: Deborah Mielke, Mark Amstead, Charles Ferris and Dennis Downing
The board met with Police Chief, Gareth Backhaus to review the following items:
1. Trespass order served on Chestnut Hill issued by the Lenox Police Dept.
2. Abandoned 911 call on Camp Half Moon Rd: phone problems
3. Assisted the State Police with an intoxicated person.
4. Domestic call on Chestnut Hill.
5. Found dog on Art School Rd.
6. Tree down on Hupi Rd.
7. False alarm on Main Rd.
8. The Chief’s yearly contract was renewed.
9. Jon stated that he contacted Town Counsel about the legality of appointing the Police Chief as the ACO/Dog Officer and is waiting on an opinion in writing. Scott asked about the MGL or regulation that allows someone to hold 2 positions in a town made up of a small amount of people making it more difficult to have separate people in each position the town has. The Police Department is handling the calls in the interim as they have in the past.
The board met with Inter-Departmental Secretary, Melissa Noe to review the following items:
1. Weekly report was reviewed.
Miscellaneous Select Board Items Reviewed:
1. The minutes from 7.12.10 were approved as written.
2. Warrants were signed.
3. Dennis Downing and Charles Ferris came in to request that the Select Board hold a special town meeting to amend the bylaws to allow dogs in specific town parks, namely the park at the Wilson McLaughlin property. Dennis states that the Parks Commission does not hold jurisdiction over that property and therefore he does not feel it is a park and should not be considered as part of the ban on dogs in town parks as is stated in our town bylaws. The Board reviewed all of the bylaws regarding dogs. Charles felt that if the Parks Commission doesn’t administer the WMH property then the Select Board could make a resolution allowing dogs on this particular property. The Board advised Charles and Dennis that the property is leased to the Friends of WMH but in the future when it is turned back
over to the town it very well could become a property that the Parks Commission would handle.
The Board reviewed Town Counsel’s opinion on the matter. Town Counsel and the Building Commissioner have advised the Board that 1. An additional special permit or amended special permit is required for the use because the original special permit stated that the only uses allowed were a Community Center and a Community Garden and 2. A change/amendment to the town bylaws is required to allow dogs at certain parks, if this is what the town would like. Jon felt that the group needed to apply for the special permit first. Wayne felt that the town bylaws (specifically the one not allowing dogs on the town beach or parks) had no bearing on this particular property. Scott suggested finding out where the bylaw came from (from the parks dept or another dept.) and what the intention was. The Board
stated that at this time there aren’t any plans to have a special town meeting. The Board will write a letter to Town Counsel about the bylaw wording next week and we’ll request that the Parks Commission attend a future Select Board meeting.
4. A motion was made to go into executive session with Deborah Mielke and Mark Amstead at 5:23pm to continue the consideration of the purchase, exchange, lease or value of real estate that if an open meeting were held could have a detrimental effect on the negotiating position of the public body. Roll call was taken and Scott Jenssen, Wayne Burkhart and Jonathan Sylbert were all present. The Board agreed that they would return to an open meeting. The Board returned from Executive Session at 5:55pm
5. The Board set August 7 from at 9:30am as the date for the annual 2nd homeowner’s meeting at the town hall.
6. The Board appointed Stanley Ross as the Finance Committee Representative to the Employee Compensation Committee for a 1 year term.
7. At the recommendation of Donald Torrico, the Board appointed Alan R. DeVerry as the Electrical Inspector for 2 years effective August 1, 2010. The current inspector has agreed to work until August 1st.
8. A memo from the Building Commissioner regarding his upcoming vacation and how the office will run while he’s out was reviewed. Don will be monitoring all phone messages and responding to them.
9. The Board has determined that one day special event alcohol permits will require a letter to the Board requesting the permit with the event details (who, what, when, where, why, financial arrangements, who is controlling the alcohol and whether or not it is a for profit or not for profit organization (not for profits will need to show proof of status)) and a $25 fee. The Board will review the requests as received and issue accordingly.
A motion was made and unanimously approved to adjourn the meeting at: 6:05pm
Submitted by:
Melissa Noe, Inter-Departmental Secretary
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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