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Select Board Meeting Minutes 8/22/11
Monterey Select Board
Minutes of the meeting of 8/22/11

Meeting Opened at: 5:00pm
Select Board Members Present: Wayne Burkhart, Chairperson and Scott Jenssen
Also in attendance for parts of the meeting:  Maggie Leonard for the Monterey News, Maynard Forbes, Representative from Williams Paving, Representative from Lane Construction, Barbara Cohen of Blue Hill Rd, Maureen Haugh of Blue Hill Rd and Lisa Jazinski, National Grid representative

5pm:  Bid Opening: Main Rd paving
Bids were received from the following:
  • Maxymillion – 3,678 tons of base course at $89.84/ton and 1,839 tons of dense binder course at $93.95/ton, not total was provided
  • Lane Construction - $394,585.00
  • Williams Paving – $393,488.22
Maynard reviewed the bids and stated that Williams was the low bidder.  He recommended accepting the bid from Williams.  A motion was made to accept Maynard’s recommendation to accept the bid from Williams.  The motion was seconded and approved.

5:15pm: Joint Pole Hearing: Blue Hill Rd
Maynard stated he is ok with this proposal.  A National Grid representative was present as well as abutters on Blue Hill Rd.  An abutter present asked about the poles going up on Old Beartown Rd.  Lisa from National Grid stated that is not a town road so there will not be a hearing for this. A motion was made to approve the request as submitted.  The motion was seconded and the pole request was approved by the Board as submitted and the paperwork will be given to the Town Clerk to certify and return to National Grid and Verizon.  

The board reviewed Director of Operations, Maynard Forbes’ weekly report for the week ending 8/20/11 which included:
1.  Checking roads and beaver ponds; clean out Sandisfield Rd.
2.  Fill in cut on Main Rd.
3.  Pick up and install new gates at transfer station.
4.  Grade Hupi Rd
5.  Main Rd reclamation
6.  Contacted Chief Engineer at MASSDOT regarding Main Rd TIP project holdups.
7.  Check out tree on Swann Rd on Saturday at the request of the Police Department.
8.  Maynard stated that the item on the Board’s agenda to do with the Verizon pole request on Main Rd that has not yet been approved by the Town yet the wires are on the ground is partially incorrect.  The wires are hanging in the trees because they had been informed by Maynard that there would be mowing on the roadsides in the spring and that the wires should be moved so they wouldn’t be run over.

The board reviewed Police Chief, Gareth Backhaus’ weekly report for 8/15 – 8/21/11 which included:
Calls:
1.  Assisted with a medical call at the Gould Farm gravel bed.
2.  Items returned on Broderick Rd (received from the post office)
3.  Assisted fire department on Point Rd; house struck by lightning
4.  Lost dog reported on Pixley, found later by the owner
5.  Assisted with a medical call on Sylvan Rd
6.  Complaint of a loose German Shepard attacking chickens on West Rd; when police arrived owner of dog had been found
7.  Summons served on Chestnut Hill

Abandoned 911 calls:
Blue Hill Rd

Miscellaneous Select Board Items Reviewed:
1.  The minutes from 8.15.11 were approved with one minor correction.
2.  Mail was reviewed which included:
a.  A carbon copy of a letter to Harrison Design Associates and Marc White of Kutsher’s Sports Academy from the Building Department regarding a recent site visit on 8/15/11 that found the above-mentioned persons/organizations to be using a structure that has not been issued a Certificate of Occupancy nor were they given permission to use the space temporarily.  The letter also noted that in addition to the building not being approved for use yet by the Building Commissioner, the Fire Inspector and Electrical Inspector also have not performed inspections nor have they given approval for the space to be used.  The letter went on to say that in addition to violation penalties that will be levied pursuant to MGL c148A and 780 CMR the above-mentioned could be subject to maximum penalties prescribed by law.
b.  Copies from the Town Accountant of the FY11 Encumbrances which are recommended for carryover into FY12 as well as an expense report from 7/1/10 – 6/30/11.
c.  BRPC meeting notice and agenda.
3.  Warrants were signed.
4.  The Board inquired of Maggie Leonard her impressions of the ZBA hearing held on 8/17/11 for the 31 Main Rd cell tower.  The concerns seemed to be focused around the under-designed access road and the distance of the tower from the abutting property.  The hearing was continued to Monday, September 26th at 2pm.  The ZBA has requested the proposal be modified to show how coverage would be affected if the tower were moved to a different location that didn’t require any variances.  Maggie stated that there weren’t any abutters to the project present to voice any concerns.
5.  Wayne stated he had a discussion this Saturday with the Town Clerk about the revised telecommunications bylaws that have still not been received by the AG’s office to comment on and approve.  Linda told Wayne that the AG works at their own speed, you can’t rush them and that they are in receipt of the bylaw.
6.  Maggie informed the Board of her findings of the balloon test for the 73 Chestnut Hill cell tower proposal.  Scott stated that one of the biggest concerns at the 2nd Homeowner’s Meeting on Saturday was if this tower were approved the visual impact of it from the town beach and people talking constantly and disturbing the peace and quiet at the town beach.  Maggie suggested creating a town bylaw that cell phones were not allowed on the beach.
7.  Inter-Departmental Secretary’s weekly report reviewed which included:
a.  Time off request which was approved.  One of the possible days she will need to take off is next Tuesday the 30th to be deposed for a summons received having to do with a town matter.
     b.  A question to the Board from Don Torrico inquiring as to if the Board wants to waive the permit fee for the Friends of Lake Garfield for the temporary structure by Mahaiwe Tent ($70).  The Board missed this question on the report and did not answer it therefore it will be on the agenda again for next week.
     c.  Follow up on the issue Melissa is having with the Treasurer on paycheck matters (Treasurer not responding to M. Noe) and the town liability insurance issue that the Treasurer is also not responding to emails on.  The Board discussed sending a letter to Pat about this issue and about what portion of the liability insurance the Board is actually responsible for what.  Wayne stated that he felt that the original reason that Pat “turned over” the liability portion of the insurance to the Select Board was because of her frustration with the Finance Committee for getting involved and soliciting quotes from other companies and that this matter here was trivial as it was procedural and as long as it was taken care of who cares.  It was noted that no one knew how all the procedures and responsibilities “settled out” and he offered to talk to Pat about this.  Scott felt it was important that the Board be able to have conversations with elected officials to work out these issues while still allowing them to do their elected jobs.
      d.  Inquiry from Melissa if the Board wants Melissa to pursue the option given by the AG’s office on her certifying the revised telecommunications bylaws (the AG’s office has offered to walk her through this process) so that we can start the clock on getting their comments/approval.  Wayne stated no as he spoke to Linda and she stated things are under control.

A motion was made and unanimously approved to adjourn the meeting at: 6:15pm

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

cc: Website (www.montereyma.gov)
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