Monterey Select Board
Minutes of the meeting of 11/22/10
Meeting Opened at: 7:00pm
Select Board Members Present: Jonathan Sylbert, Chairperson, Wayne Burkhart, and Scott Jenssen
Also in attendance for parts of the meeting: Sue Protheroe for the Monterey News, Ellen Cummings, Verizon, Albert Bessette, Verizon, Eugene Bounous, Michael Storch, Will Marsh, Stanley Ross, and Mickey Jervas
The board reviewed Director of Operations, Maynard Forbes’ weekly report for the week ending 11/20/10 which included:
1. Cleaning out the culvert on Fairview twice due to the beavers.
2. Remove 2 stumps on Gould Rd.
3. Picked up trees on Tyringham.
4. Put up road closed signs for the winter.
5. Patch pot holes on Beartown, New Marlboro and Main Rds
6. Met with Building Commissioner re inspections: Lakeside Terrace, camps and violation on Main Rd.
7. Trench permit issued on Bidwell Rd.
8. Spoke to Ormsbee buses regarding winter bus routes.
9. Electrician repaired lights at town hall and added an outlet on salt shed.
10. The contractor is finishing up at Bally Gally today.
The board reviewed Police Chief, Gareth Backhaus’ weekly report for 11/19-11/21/10 which included:
1. Investigation of a B&E on Main Rd.
2. Assisted with loose horses on Brett Rd.
Miscellaneous Select Board Items Reviewed:
1. The minutes from 11.15.10 were approved as written.
2. Inter-Departmental Secretary’s weekly report reviewed.
3. Mail was reviewed which included:
a. A letter from the Fire Chief and Asst. Fire Chief requesting a meeting on 12/6 at 7pm to discuss the fire dept. compensation line item and the potential for a deficit and solution. They’d also like to discuss upcoming issues with their operating and capital budgets.
b. A letter to the residents of 6 Point Rd regarding a zoning violation. The residents asked for their certificate of occupancy and at the final inspection it was determined that the structure was in the 40ft setback.
4. Reminder that the Town Hall will be closed this Thursday for Thanksgiving.
5. The Board reviewed bylaws from surrounding towns for a noise ordinance and have decided to move forward with creating a town bylaw to review and then hold the required public hearings for.
6. The Board reviewed the lease renewal for the Wilson McLaughlin House. Maynard Forbes wants the proposed driveway completion date to be changed from June 1, 2011 to August 1, 2011. He also requested that language be added to the lease that MGL concerning procurement must be adhered to, covering bidding laws, prevailing wages, insurance, workman’s comp, etc. He also stated that under current conditions the oil tank is leaking and must be removed with any remediation of contamination taken care of ASAP. The Board requested that M. Noe ask the WMH Committee to come in to discuss the proposed changes to the lease as well as their projected plans for the course of the new lease.
7. Wayne provided the rest of the Select Board with draft proposals that were discussed at Wednesday’s Planning Board meeting with regards to the telecommunications bylaw. Wayne understands that the Planning Board is now preparing to set up public hearings.
8. At 7:30pm the Board continued the Verizon pole hearing for Main Rd from October 25th. In attendance were Ellen Cummings and Albert Bessette representing Verizon. Jon started the hearing by reiterating that they felt that Monterey was not getting adequate service with regard to phone service and copper lines. Ellen and Albert stated that this request is for 2 pole sets right on the Otis-Monterey line. Albert stated that Verizon has provided a safe pole design that does not obstruct the public way therefore meeting the standard for pole hearings and according to Albert has been approved by the Monterey Highway Department; the Select Board has not yet confirmed this. This project will involve laying some fiber cable to improve communications from Lee to Otis; it will provide
better system reliability. Verizon felt they were entitled to an approval and if there were complaints about services in Monterey that was for another venue, not this hearing.
Jon stated that the Board as a whole has not had a chance to talk to the Director of Operations about the pole placement and whether or not he has approved it but the Board did not have any reason to doubt that this was true.
Jon stated that since the last hearing the Board has spoken to our town counsel about our various responses the town can have to a pole hearing. Because the town feels that we have had an underperforming service in the age of the copper wires and the transfer boxes, we have provisions that allow us to withhold permits for any entity that is either not in compliance or has been fined for being out of compliance and has not paid the fine. We have been informed that there is a venue for tying the underperformance of the wires to any requested permit. Town Counsel mentioned that there was litigation in the Town of Hancock for very similar problems and it went to court but has not been dealt with conclusively in court, in the meantime Verizon has put in about $500,000 in the Town of Hancock to upgrade copper
wires and transfer boxes. Town Counsel has therefore given us a precedent to withhold the permit.
Albert stated that he is operating under a very specific statute: MGL chapter 166 sections 20 & 21, etc but he felt it was pretty straight forward. He also stated that the permission for the poles wasn’t really a permit. Jon agreed that the Hancock litigation was completely different from our current situation however the point was that when it went to court, Verizon quietly made the necessary upgrades for the Town. It was agreed that Verizon has not been fined in Monterey but there is a general non-compliance.
Town Counsel did not feel his presence was necessary at tonight’s hearing unless Verizon was also represented by counsel as it wouldn’t be productive. He also didn’t feel it would be appropriate to discuss the current investigation under the DTC.
Ellen stated that this pole request has nothing to do with cell tower communications; it’s an inter-office upgrade. Scott asked if this cable could ever be used in the future for cell communications and Ellen stated it will be used for communication between 2 offices to allow their network to function. Ellen confirmed that there is fiber working and connecting equipment in every community but fiber and copper are combined to make up their network. She confirmed that at this time there are no plans to bring fiber to every home in Monterey and she would not comment on the cost to do so.
Michael Storch stated that most people present tonight were frustrated that Verizon hasn’t listened to their concerns so they are now concerned with listening or fulfilling Verizon’s requests. There aren’t a lot of opportunities to hold Verizon’s feet to the fire.
Mickey Jervas of Blue Hill Rd stated that all she wants is for her phone not to go out every month. She stated that she’s lived there for 16 years and she calls Verizon once a month. Mickey Jervas felt that not having cell phone service in Monterey is a real health and safety issue. She stated that the new poles that were installed on Brett Rd were done shabbily as the old poles are still just lying on the ground.
Residents present all agreed that it was very frustrating to file any complaints with Verizon for various reasons including but not limited to the following: no cell phone service to call to report a problem, having to drive to the only pay phone in town to report a problem (it was noted that Verizon has removed this phone 3 times only to have the town complain vehemently and then the reinstall it after we’ve proved a hardship) to rude customer service reps. at the call centers. Because it’s so discouraging most people just give up reporting problems which is a shame as there is then no record of it.
Wayne wanted to make it clear for the record that Verizon shouldn’t be blamed for the lack of cell service in Monterey as the current telecommunications bylaws make it difficult to find a suitable cell tower site but the Planning Board is working on amending the bylaws to make more locations suitable if the town agrees.
The Board will deliberate on the matter which may involve speaking further with Town Counsel. All Board members agreed to continue the hearing and to meet with Town Counsel on the matter. A motion was made and seconded to continue the hearing. The motion passed unanimously. Town Counsel will be contacted about the next course of action and to elaborate on the legislation that allows us to require adequate service prior to issuing permits.
Ellen Cummings stated that anyone is welcome to contact her regarding any issues they have with their phone service at 508-624-2219; she will not discuss any pending litigation.
Jon stated in closing that the people that work on the ground for Verizon love what they do and are good at what they do and seem to be just as frustrated as we are that we aren’t able to get all the options available to most. These workers have all stated that they would love to be able to give everyone DSL as its work for them.
9. At 8pm the Board held the FY11 Tax Classification Hearing. Stanley Ross, Assessor was present to recommend that there be one tax rate for Monterey. The rate will be 5.28 which is down $0.07 from last year. The Board agreed and signed the necessary documentation. Jon asked when Monterey’s next reval is; Stanley stated it will start in 2011 and it’s for the whole town, it will be based on sales 2 years ago (2009).
10. Stanley asked about the possibility of appointing an alternate temporarily to the ZBA to cover the hearing in January that will be short one person due to illness and conflicts of interest. The hearing can still be held with four members it just requires a unanimous yes vote to be granted. M. Noe had previously consulted with Town Counsel on this and was told “unfortunately, there is no mechanism to redefine the terms and~appointments, or to make a temporary appointment, other than the alternate appointment.~~It appears from your email that notwithstanding the thinning ranks,~there~are sufficient board members to address a special permit, i.e., a super majority.~ If there is a disability that renders another member unable to serve, at that point the Board~could invoke the rule of necessity,
but that~is risky and can happen only if the permit~can't be otherwise acted on.~~When another Town faced~this with a windmill application, the applicant opted to withdraw and wait for a full board, as it was a controversial application.”
A motion was made and unanimously approved to adjourn the meeting at: 8:45pm
Submitted by:
Melissa Noe, Inter-Departmental Secretary via audio recording
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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