Monterey Select Board
Minutes of the meeting of 1/24/11
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, Maggie Leonard, Planning Board Chair and Stanley Ross
The board reviewed Director of Operations, Maynard Forbes’ weekly report for the weeks ending 1/15 & 1/22/11 which included:
1. Plowing, salting and sanding; multiple days and times.
2. Pushing back snowdrifts.
3. Repairing the 550 hydraulic hose, installing a new plow blade on the 550, replacing the flat tire on the grader.
4. Cleaning up the Transfer Station and pushing back snow at intersections.
5. The Board asked M. Noe to request that the Highway Department clear the snow from the following locations: between the library and general store, between the store and post office, all along Main Rd on the church side, in front of both exits at the town hall, the public beach (push toward Sylvan Rd), and the flats where the dry hydrant is located.
The board reviewed Police Chief, Gareth Backhaus’ weekly report for 1/1-1/24/11 which included:
Calls:
1. Well being check on Chestnut Hill Rd
2. Assisted Highway Dept. – someone using the dump when closed.
3. Domestic disturbance on Pixley Rd.
4. MVA on Sandisfield Rd.
5. Restraining order served on Pixley Rd.
6. Suspicious activity reported on Sandisfield Rd.; owner reported footsteps and drag marks in the snow. Officer investigated and determined that an oil delivery was made.
7. Well being check at the boat ramp.
8. Illegal dumping on Rt 57; person will be contacted.
9. Assisted New Marlborough animal control with loose horses.
10. Disabled MV on Main Rd.; tow truck was called.
11. Trees on wires on Worth Lane.
12. Illegal dumping on Main Rd near the flats; owner will be contacted.
13. Compliant on Mt Hunger; owner was advised that it was a civil matter.
14. Disabled MV on Main Rd.
15. Report of a coyote on Gould Farm; investigated but not found.
16. Assisted the Fire Department on Laurel Banks Lane
17. Suspicious activity reported on Blue Hill Rd; caller stated a vehicle was running outside her house for over an hour, no vehicles were found. (3 separate times the same complaint was received and nothing is found)
18. Assisting with a 209A order.
19. Assisted with a medical call on Main Rd.
20. Assisted GBPD with a BOLO.
21. Assisted the Highway Dept. regarding a car parked on Pixley Rd illegally preventing the plows from being able to clear the road.
22. Assisted a citizen with registering their vehicle.
23. Disabled MV on Main Rd; car was towed as it was found to be unregistered.
False Alarms:
1. Beartown Mtn Rd. x 2
2. Hebert’s Cove
3. Mt. Hunger Rd.
5. Woodland Dr.
Abandoned 911 calls:
1. Fox Hill Rd
Traffic stops: 28
The board spoke with Town Accountant, Steven Pullen over the phone to review the following items:
1. Warrants were signed for 4 weeks as Steve will be on vacation.
2. The $5,000 payment to the Fire Department; a hold was put on paying this last week as the Board would like receipts for what this money is being used for. Steve spoke to Maynard and Maynard wasn’t sure what the Board was looking for. It was determined that the $5,000 payment was for part of the utilities and it would be difficult to give receipts for partial electrical payments. The Firehouse pays the remainder of the utilities. The Board agreed to release the check. The budgeting process will be looked at and reviewed for future years.
Miscellaneous Select Board Items Reviewed:
1. The minutes from 1.10.11 were approved as written.
2. Stanley Ross came in to apply for the vacant seat on the ZBA, currently he is an alternate. The Select Board has also received a letter of interest from Jonathan Levin to fill the vacant seat on the Zoning Board of Appeals. The ZBA voted at their last meeting to recommend appointing Stanley to fill the seat. A motion was made to appoint Stanley to fill the vacant seat which is up for election in May. The motion was seconded and unanimously approved. The alternate position which was held by Stanley is now vacant. Mr. Levin will be called to see if he is interested in this appointed position.
3. Inter-Departmental Secretary’s weekly report reviewed.
4. Mail was reviewed which included:
a. A request from the Parks Commission to appoint Emily Johnson to the vacant seat which is up for election in 2012. A motion was made to appoint Emily to fill the vacant seat which is up for election in May of 2012. The motion was seconded and unanimously approved.
b. A letter from Tom Wickham, a Planning Board member in Lee to start a dialog with Monterey regarding a potential Berkshire County Wind Consortium. There is a think tank meeting in February. Wayne took the information and will follow up.
c. A notice from the Berkshire County Retirement System informing the Board that under the provisions of MGL Chapter 32 Section 103 (j) inserted by Section 19 of Chapter 188, retirement systems may increase the maximum base on which the cola is calculated in multiples of $1,000, presently capped at $12,000. Upon receiving this notice the Treasurer shall make a presentation to the town’s chief executive officer, regarding the cost impact of the increase. No one on the Select Board will be attending.
d. A letter from Joyce Scheffey stating she was injured at the Transfer Station on January 5th which was not reported (a doctor was seen on the 17th) She would like the town to help with her medical bills incurred because of the accident. The Board asked M. Noe to contact MIIA to see if Ms. Scheffey’s accident would be covered under the town’s insurance.
5. On Monday, January 26th, as a result of an investigation by the MA Department of Telecommunications & Cable (DTC), Attorney General, Martha Coakley reached an agreement with Verizon Massachusetts requiring the company to make significant improvements to its infrastructure and landline network in Western Massachusetts. This agreement will ensure that Berkshire, Hampshire, Hampden and Franklin counties will receive reliable local telephone service. As part of its review of the proposed settlement agreement, the DTC will conduct a hearing to receive public comments on January 26, 2011 at the DTC office. Comments can also be emailed to ago@state.ma.us Jon felt it was incumbent upon the residents that attended the recent hearings held here to comment.
6. M. Noe provided the Board with updated compensation survey results for the surrounding towns. This will be held to discuss with the Finance Committee next week.
7. The Board spoke about the ZBA special permit hearing held on the 19th for the proposed dog park. The ZBA (3 to 1) decided at that meeting that it didn’t fall under their jurisdiction and therefore did not hear the proposal or issue a special permit despite opinions from Town Counsel and the Zoning Enforcement Officer that it did and required a special permit.
A letter was received from Stephen Moore, an abutter regarding his concerns about the hearing. Mr. Moore felt that the Board should do what it can to once again pursue a special permit for this project.
The Board also received confidential advice from Town Counsel on how to proceed as well as comments from the Zoning Enforcement Officer. The Zoning Enforcement Officer still feels that due to the conditions set in the first special permit for the property which limited the municipal uses and required that any new uses would need approval, that this new proposed dog park use requires a special permit.
It was also brought to the attention of the Select Board that the ZBA may have violated the Open Meeting Laws by sending an email to the other ZBA members as well as two proponents of the dog park stating that the ZBA will ask the proponents and town (as the applicant) if there are special circumstances that suggest that a Special Permit is required, the ZBA will then deliberate and vote on whether the Town has, as a matter of right, the authority to proceed without a Special Permit (so the decision is recorded). It was also noted that the Chair of the ZBA stated during the hearing that he did not want to proceed with a special permit as the request may be turned down to which Mr. Moore had replied that this creates an impression that the process of a Special Permit was prejudiced because it might not yield the
result the applicant wants and the whole point of a public hearing is to hear everyone involved and let it be vote upon.
The Board felt that the special permit should have been heard because then if it was granted the conditions of the operation of the park could be put in the granting of the permit.
It was noted that the renters of Bally Gally wanted to object to the granting of the special permit but were told by someone on the ZBA that they couldn’t because they were not an abutter, only a renter with no rights.
The Select Board has been informed that the Parks Commission wants no part in managing or maintaining the proposed dog park. The Select Board has a number of options: 1.) to appeal the ZBA’s non-decision 2.) hold their own special permit hearing and set conditions for the use if necessary, they can do this under their unique position of the arbiter of Edith Wilson’s will. 3.) re-apply and ask the ZBA allow all recreational uses as they are by right with conditions on it’s operation and non-recreational uses would require an additional permit or 4.) do nothing.
Town Counsel will be contacted to let us know how the Select Board can formally request of the ZBA to revise the originally issued special permit.
8. Maggie Leonard came in to check in about the Planning Board public hearing tomorrow night to amend the telecommunications bylaws. There is a vociferous group that has health concerns but the Planning Board is not legally allowed to consider this but it can be talked about at the hearing by people that have concerns and will be on record. Jon has heard concerns that if the towers are only going to benefit people passing through and not everyone residing in Monterey, what’s the advantage? Jon stated he asked for maps from Larry Klein that would show the coverage area for the one tower currently proposed on Main Rd (near Monterey) but has not received anything yet. Maggie stated that she has been asked about placing a moratorium on this which the town did in 1996 and she’s not
sure we’d be granted another one.
She also wanted to mention that on December 22nd Stephen Rose resigned from the Planning Board and there is now an opening. The vacancy will be advertised and any interested parties should send a letter of interest to the Planning Board, P.O. Box 308, Monterey, MA 01245.
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
Select Board Members
Minutes Book
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