Monterey Select Board
Minutes of the meeting of 5/2/11
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: Robert Lazzarini (ZBA), Maggie Leonard (Planning Board), Joel Schick, Peter Chait, Michael Storch (Finance Committee) and Stephen Moore
The board reviewed Director of Operations, Maynard Forbes’ weekly report for the week ending 4/30/11 which included:
1. Checking roads
2. Cleaning culverts on Fairview due to the beaver
3. Move old sand pile, cribbing, move fill to back of site
4. Grade Gould Rd, short and long Hupi
5. Pick up debris from Gould Rd
6. Pick up trees on Beartown Mtn Rd and Swann Rd
7. Sweep highway yard
8. Attended Superintendent’s meeting, Chapter 90 session
9. Working on Beartown Mtn Rd project
10. Working on FEMA reimbursement papers
11. Working on Main Rd strap grant papers
The board reviewed Police Chief, Gareth Backhaus’ weekly report for 4/25-5/1/11 which included:
Calls:
1. Suspicious activity reported on Blue Hill Rd. x3, same party, repeat caller, 3 different days.
2. Walk in party came to advise the police of a foreclosure that will take place on his property. The bank is requesting access to the inside of the house which has been denied. He wants to be sure the bank doesn’t change the locks. The police are looking into this matter more.
3. Complaint received regarding a violation of a restraining order.
4. Suspicious activity reported at the former General Store; operator found to be driving with an expired license. The operator had another party come pick him up.
Wayne stated he has received several complaints from people that work with him at the farm that have been pulled over on back country roads at night for “rolling stops” and it is very upsetting to them. Scott felt that if there was a stop sign you need to stop not roll through it. Jon noted that the Chief welcomes comments and suggestions and this will be passed long to him to handle in a manner he feels appropriate.
Abandoned 911 calls:
1. Gould Rd.
Traffic stops: 1
Miscellaneous Select Board Items Reviewed:
1. Maggie Leonard came in to ask the Board whose responsibility it was to make copies of the DRAFT bylaw to have available at town meeting and how many copies would be appropriate. The Board agreed that 80 copies would be sufficient and that M. Noe could make them for Maggie if she’d like.
2. Robert Lazzarini came in to discuss the proposed dog park and issues that have arisen. He felt that the ZBA and Select Board should have more frequent conversations to be sure everyone is on the same page. Bob also stated that in Charles Ferris’ amended complaint there is an inaccuracy; he accuses Bob of inserting a condition which prohibits other municipal uses after the meeting closed and without the knowledge, discussion or assent of the other members of the ZBA. This is untrue and the minutes and tape recording of the hearing prove this statement to be incorrect (Bob stated he has spent hours reviewing the tape and printed minutes). He stated that the conditions set for the first WMH ZBA hearing were mostly his words but they were discussed and modified by all the members of the
ZBA that sat on that hearing. Bob also requested permission to speak with Town Counsel on the matter and the complaint filed and how that affects the ZBA and town. The Select Board felt that they should speak to town counsel first to find out what will happen and what the sequence of events are.
The Board and Bob discussed the hearings and which boards they felt had which powers to restrict uses. There was some confusion as to which ZBA permit/decision Charlie was appealing. The Board felt if it was the original permit issued in 2010 the appeal was not valid as it was not made within the 21 day appeal period.
Bob felt that if there was a problem with the current conditions on the WMH property they should be fixed in the most simple and uncomplicated way and this is why the ZBA and Select Board should be talking more. The Board feels that the WMH property (not including buildings) allows municipal uses by right that would be regulated and approved by the Select Board. The original permit was for a change of use from a residential use to a municipal use and when the ZBA granted it they issued conditions that limited the municipal uses that would’ve been by right.
Jon stated that the Board doesn’t feel that the ZBA has the right to restrict any uses and that the only applicant is the Town in this matter and inherently they are the only ones that can restrict the use(s) as sanctioned by the Town but they can’t do that right now because the ZBA set conditions that doesn’t allow any other municipal uses. Bob felt that the ZBA has a responsibility in granting the original permit to protect the neighborhood.
3. Joel Schick came in to ask permission of the Board to send out a non-town sponsored event through the town’s email list. The Board wasn’t aware of an email list and thought it might be the Cultural Council’s list. The Board will check with M. Noe tomorrow for more information.
4. The Board reviewed the Memorial Day spending information requested of the Town Accountant.
5. The minutes from 4.25.11 were approved as written.
6. Warrants were signed.
7. Inter-Departmental Secretary’s weekly report reviewed.
8. Mail was reviewed which included:
a. An amended complaint filed against the ZBA from Charles Ferris removing the statement that he was the authorized agent, attorney or representative for the Town of Monterey and replacing it with him as the attorney for the Ad Hoc Monterey Dog Park Committee (which is not a town appointed committee) and as an individual complainant.
b. A letter from the Southern Berkshire Elderly Transportation Corporation thanking the Town of Monterey in their continuing support and the amount of $5,000 from the town.
c. A request to support the updated bottle bill. The Board agreed to support the resolution.
9. The Board reviewed warrant articles for this Saturday’s town meeting.
10. The Board discussed the informational meeting that took place on Friday. A large topic that was discussed was the fact that the Finance Committee is going to make a recommendation on the floor to give the full time employees a raise. Scott felt that now this was in the hands of the voters to decide. Jon stated that the Finance Committee did not use the updated salary information from surrounding towns when recommending raises. It was stated that if an employee were to leave, their replacement wouldn’t start at the same rate, the Select Board would determine their salary based on experience. Current salaries are a factor in future hiring’s, and if Monterey wants to be unusually "generous" to its employees, then it would be hypocritical not to be equally generous
to its future employees The Board also felt that it wasn’t fair to only suggest raises for the full time employees and not include the part time employees. Michael Storch, member of the Finance Committee, stated for the record that he is not in favor of any amendment brought to the floor by Stan to raise salaries. Michael found Jon’s presentation at the Friday night informational meeting to be convincing and correct and he intends to say so a town meeting. Wayne also remains firm on the Select Board's decision to stick with the Finance Committee's original recommendation.
11. Michael Storch stated that he was asked by a resident if the Town could put aside money every year for the roads in Monterey. The Board stated that we already do and it was then discussed if we needed to put more money in each year for capital road improvement. The Board recommended having the concerned citizen make a motion at town meeting to put more money in the line item designated for road repairs.
A motion was made and unanimously approved to adjourn the meeting at: 8:30pm
Submitted by:
Melissa Noe, Inter-Departmental Secretary via audio recording
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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