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Select Board Meeting Minutes 9/27/10
Monterey Select Board
Minutes of the meeting of 9/27/10

Meeting Opened at: 7:00pm
Select Board Members Present: Jonathan Sylbert, Chairperson and Scott Jenssen
Also in attendance for parts of the meeting:  Sue Protheroe for the Monterey News, Betty Pixley, David Dempsey (Conservation Commission), Robert Lazzarini (Zoning Board of Appeals), Michael Storch (Finance Committee), Peter and Anna Poirier and Steven Pullen (Accountant)

Miscellaneous Select Board Items Reviewed:
1.  The minutes from 9.20.10 were approved as written.
2.  Warrants were signed.  The Board questioned what “arts lottery” was on the warrants and where the money was coming from to pay for this.  S. Pullen will be asked about it and the total requested to pay for account # 121, $1,750, will be held until this is clarified.
3.  The Board met with Betty Pixley to discuss her interest in becoming a member of the Conservation Commission.  At the recommendation of the Conservation Commission, a motion was made and seconded to appoint Betty Pixley for a three year term.
4.  Robert Lazzarini came in to discuss the following with the Board:
a.  Update on stimulating a bylaw revision.  Recent Supreme Court rulings affect how non-conforming properties are dealt with and our bylaws need to reflect this.  The ZBA will be meeting on Thursday to discuss this further.  Monterey has 850 single family dwellings and 510 of them are non-conforming (60%).  In the last 10 years, 85% of the ZBA’s appeal requests have been for non-conforming properties.  There is an expert party available (he has done this for several surrounding towns) that has offered to critique our bylaws for $2,000 or completely revise them with the diagnostic critique for $10,000.  The Planning Board, ZBA and Building Commission all agree that the bylaws need to be updated.  Bob feels it’s important for these 3 departments to meet with the Select Board and Finance Committee to work on finding $2,000 to have this started.  He then feels that the Planning Board could then go to the Town with a request for the remaining $8,000.
Michael Storch felt this was important but that cell service, high speed and all other town issues needed to be included.
Jon disagreed and stated that only building issues in the bylaws should be dealt with right now.  He felt if all the issues were lumped together if any part of it didn’t get a 2/3 approval then none of it would pass.  Each issue should be handled separately, zoning issues, cell towers, accessory dwellings, high speed, etc.
Bob stated that there is a grant available through the Highlands Community Initiative that Bob would be happy to apply for; it is a matching grant and they requested that the Town make the bylaws more compatible with their mission (the town could try but not promise this as it’s something that would need to go to a town vote).  The Board is going to review the budget and see where $2,000 might be available.
5.  Steve Pullen met with the Board to review the following:
a.  How did the Planning Board spend 62% of their clerk budget for FY2011 already?  Steve stated that the report they were looking at had encumbrances carried forward from the previous year’s budget.  Jon stated that $1,500 was allocated for FY11 and that according to the report $950 has already been paid out.  Steve stated that $180 of that was from last year.  Jon didn’t understand how if it was paid with FY10 money it would show in FY11’s budget.  He also wanted to be sure that people weren’t being paid with this year’s budget money for last FY’s work.
b.  Encumbrances (legitimate expenses that have occurred but haven’t been paid) have not been posted from last year.  One example was the Wiring Inspector; he was paid every 6 months and Steve wasn’t aware of this so in August he was owed money from 6 months of FY10 and one month of FY11.  He stated there are about 12 situations just like these.  The reports do not reflect these items because FY10’s books haven’t been closed yet.
c.  The Select Board budget; the reason so much has already been spent is because there are a lot of organizations with annual dues that are due in July, there was also $500 spent for the Emergency Management at Fairview that no department had budgeted for.  This will need to be a separate line item at the May town meeting.
d.  An error was found last week in the accounting system.  The technical support team is working on correcting this.  They have offered Steve a free one-day training to learn more about the reports that can be generated through the software.
6.  Inter-Departmental Secretary’s weekly report reviewed.
7.  The Board accepted Judith Bach’s resignation effective today from the Conservation Commission.
8.  At the request of Don Torrico, a motion was made and seconded to appoint Frederick Chase as an alternate wiring inspector for a term of 2 years.
9.  The Board signed a letter urging the DPU Commissioner to reject the Cape Wind and National Grid contract.
10.  Peter and Anna Poirier, tenants of Bally Gally came in to discuss their lease renewal.  They would like something in writing assuring them that the repairs that need to be done will be done in a timely fashion.  They stated that a mason just came to look at the chimney and the cabinets for the kitchen have been ordered.  They feel that the state of the roof is a health hazard and that they were told 3 years ago it would be replaced and has not.  They stated that Maynard did come to the house after their letter to the Board.  They provided a letter from the Board from 2007 which stated that the roof would be temporarily fixed until a contractor could be found.  The tenants feel that the roof isn’t the problem; the water is coming from the chimney and has caused all this damage to the roof and walls.  They overheard a conversation between the mason and Maynard and did not feel confident that the chimney would be repaired this fall.  Their lease is set to renew on the 1st but they are hesitant to renew if the problems aren’t taken care of.  The Board suggested meeting at Bally Gally with Maynard next week at 7pm followed by their usual meeting at the Town Hall at 7:30pm.  The Board felt that all repairs should be completed by the end of October and if the current contractors can’t do the work by then, then another contractor should be hired.
Scott questioned why he couldn’t bid on jobs like these since he’s considered a “special municipal employee”; it was suggested that he request an opinion from the Ethics Commission regarding this.
11.  Michael had an issue with some work being done at the end of Art School Rd; the Board referred him to the Conservation Commission as this was a project that went before them for approval.

The board reviewed Director of Operations, Maynard Forbes’ reports which included:
1.  A proposed draft winter road policy.  This will be reviewed and discussed at next week’s meeting.
2.  Response regarding the repairs at Bally Gally.  There is approx. $5,600 set aside for repairs which is done through a special article each year.  The estimated cost of the repairs needed to the kitchen is $5,000, leaving us short for the chimney repairs.
3.  Swann Rd update: The road was in good shape prior to the road race and now it will need to be redone.  Maynard noted that Brett Rd was also tore up from the race and he feels that the Town should not be the one to absorb the cost to repair them.  Mickey Gervas left a voicemail message for the Select Board and Maynard thanking the crew for the wonderful job done repairing the mess left by the road race.
4.  A section of guardrail was replaced on Main Rd and posts were replaced on Tyringham Rd.
5.  Weekly reports for the weeks ending 9/11, 9/18 and 9/25.

The board reviewed Police Chief, Gareth Backhaus’ report from 8/24 – 9/23/10 which included:
A request to raise the police detail rate from $30/hr to $40/hr to be in line with surrounding towns since officers from other towns are often used for these details;  Scott asked where the money comes from to cover the increase; it is believed that whoever is requesting the detail (i.e. Verizon, etc) pay the rates.  The Board approved the increase.

Calls:
1.  Green canoe with leather seats found on Point Rd; call the Police Dept for more information or to claim
2.  Report of vandalism at 143 Sandisfield Rd.
3.  Breaking and entering investigated at 210 Main Rd.
4.  Assisted with a medical call at 100 Mt Hunger Rd
5.  Abandoned 911 calls at: 109 Pixley Rd, 25 Point Rd, 216 Main Rd, 4 Point Rd, 585 Main Rd and 220 Hupi Rd
6.  Assisted a citizen with a report of a strange odor at 45 Beartown Mtn Rd
7.  Call regarding an unleashed dog on Bidwell Rd.  Owner was found and restrained the dog.
8.  Suspicious activity reported at 8 Blue Hill Rd; caller stated there were men with turkey callers outside her window, no men were found.
9.  Assisted a walk-in with a complaint of missing items.
10.  Assisted the Fire Dept with a medical call at 28 Tyringham
11.  Medical call at 470 Main Rd
12.  Complaint of contractors speeding on Hupi Rd.

False Alarms:
1.  Tyringham Rd
2.  116 Hupi Rd
3.  100 Gould Rd

A motion was made and unanimously approved to adjourn the meeting at: 8:35pm

Submitted by:
Melissa Noe, Inter-Departmental Secretary via audio recording
Approved by:
Monterey Select Board

cc: Website (www.montereyma.gov)
Select Board Members
Minutes Book