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Select Board Meeting Minutes 6/6/11
Monterey Select Board
Minutes of the meeting of 6/6/11

Meeting Opened at: 7:00pm
Select Board Members Present: Wayne Burkhart, Chairperson, Scott Jenssen and Jonathan Sylbert
Also in attendance for parts of the meeting:  Sue Protheroe for the Monterey News, Ruth Green, Carol Ingher, Glyniss Marsh, Nancy Beach, Christine Goldfinger and Joyce Scheffey

The board reviewed Director of Operations, Maynard Forbes’ weekly reports for the weeks ending 5/28 & 6/4 which included:
1.  Checking roads.
2.  Cleaning culverts on Fairview Rd due to a beaver issue.
3.  Putting up signs on Main Rd.
4.  Cleaning ditches on Griswold, Tyringham and New Marlboro Rds.  Pick up leaves from ditches on Gould, Griswold and Hupi Rds.
5.  Grade Swann Rd and clean out ditches.
6.  Paint parking lines at Town Hall.
7.  Calcium chloride on Mt Hunger, Fairview and Swann Rds.
8.  Gravel and grade Wellman Rd, repaired hole by the bridge.
9.  Mow intersections.
10.  Order materials for Strap Grant.
11.  Beartown Mtn Rd project plans.
12.  Prepare paperwork for bids for equipment, gravel, stone and transfer station.
13.  Met with Allstates Asphalt regarding the reclamation of RT 23.
14.  FEMA papers for reimbursements signed and mailed.
15.  Tree limb down on the power lines on River Rd, National Grid called to remove.
16.  Picked up the 4500 in Cheshire, Ct; turbo and drive belt were repaired.
17.  Repair holes in pavement at the town garage.
18.  Silt fence installed near the Konkapot on RT 23.
19.  Repair ditch at 413 Main Rd.
20.  Haul gravel and repair Chestnut Hill Rd.
21.  Repair loader.

The board reviewed Police Chief, Gareth Backhaus’ weekly report for 5/23 – 6/5/11 which included:
Calls:
1.  Assisted the Fire Dept with a medical call on Main Rd.
2.  Disabled MV near Brett Rd., vehicle was gone when police arrived.
3.  Disabled MV on Elephant Rock Rd.  Vehicle needed to be towed.
4.  Loose cows on Main Rd
5.  Assisted a citizen with a damage report on North Rd.
6.  Complaint received on Main Rd – civil issue.
7.  Missing property complaint on Hupi Rd.
8.  Escorted an injured property to their home on Tyringham Rd.
9.  Missing dog report and later found on Hupi Rd.
10.  Courtesy transportation provided from Roadside to Tyringham Rd.
11.  Building check on Beartown Mtn Rd.
12.  Bear siting on Blue Hill; officer scared the bear away and remained on scene while the owner cleared the bird food away that the bear had gotten into.
13.  Suspicious activity on Pixley Rd.
14.  Injured porcupine on Pixley Rd.
15.  House check on Art School Rd.
16.  Lost property reported on Main Rd.
17.  Injured porcupine on Hupi Woods Cir.

False Alarms:
1.  Tyringham Rd.
2.  Monterey Library
3.  Town Hall
4.  Swann Rd.
5.  Main Rd

Abandoned 911 calls:
1.  Tyringham Rd.
2.  KSA Camp

Traffic stops: 7

Miscellaneous Select Board Items Reviewed:
1.  Members of the Community Garden and Friends of Wilson McLaughlin House Committee (FWMH) came in to discuss the delay in installing the driveway at the WMH property and the modified plans that were approved by the Select Board at their 5/16/11 meeting (the Board voted to do the driveway and circle but not the parking lot).  They are inquiring as to when they will have an accessible driveway to reach the garden.  The Board stated that the delays are due to some hesitations on the Select Board’s part and the fact that the Director of Operations has monetary and timetable deadlines to meet with regards to the strap grant RT 23 project.  The Board stated that there is currently access to the garden which isn’t much different from what the driveway will be like.
One concern of the FWMH and garden members was that comments have been made as to whether or not the driveway should be installed at all yet for the only purpose on the property (a private garden).  The members of the garden stated that it is not a private garden and that they have a special permit from the ZBA to run a community garden.  Jon stated that there is a misperception from all parts of town, the structure and organization of the garden and how to become members.  There is a general lack of information about what a community garden is.  Ruth stated that every month they put something in the Monterey News but it was noted that not everyone reads or receives the Monterey News.
Wayne stated that the town did vote to install a driveway for up to $25,000 and it is a part of their lease agreement.  Scott stated that the Board did approve to install the driveway but not the parking lot because a final use and funds have not been decided and raised for a use for the building.  Some members of the Board are not convinced that now is the right time to put in a driveway and parking area without knowing the final use for the building.
The creation of the non-profit (501c3) was to raise funds to build a community center and the original memorandum of understanding between the non-profit and the Select Board was that the non-profit was going to raise funds privately and construct or reconstruct a community center.  Given that this was their mission the town in turn was then going to do certain things such as maintenance, a driveway, taking over the property, etc.  Jon read parts of the lease to the crowd relevant to the obligations of the FWMH.  Jon stated that when the town accepted the gift of property they never voted to spend any tax payer’s monies to construct or maintain a community center.
The Director of Operations has been given the ok to proceed with installing the driveway but at this moment as mentioned above he has other deadlines to meet so as not to lose the strap grant funds.  Maynard also wants to be sure that the Board is committed to this project before his crew puts any time into the project.  After the vote was made to put in just the driveway and circle and M. Forbes was advised of the decision there were some conversations and opinions expressed by M. Forbes that put the project in question (the project as approved would actually cost more in the long run by not installing the driveway now).
After some discussion it was clarified that Town Counsel has advised the Select Board repeatedly that an appropriation of funds is the sole responsibility of the Select Board and if the committee would like to discuss this further the Board will ask Town Counsel to come to a future meeting.
The Board will inform Maynard to proceed with this project as quickly as he can while still meeting his strap grant deadlines.
2.  After the above discussion ended Jonathan stated he wanted to continue the discussion so that everyone understands the history of the property.  He feels that we’ve lost sight of the main mission of the FWMH.  The community garden is not the main point of the FWMH, you don’t need a 501c3 and you don’t need to raise private funds to have a community garden as that is a municipal recreational use by right.  Jon stated that after the lease was signed there was a considerable amount of money spent for a $900,000 proposition and was met with quite a bit of dismay by potential donors.  The FWMH Committee after that had to reassess what they could afford to do.  There was also the issue of whether or not all or part of the building could be removed.  The town did go to court to ask permission to change the will to allow these certain events to happen and to give the FWMH committee an easier hand.  The FWMH Committee then returned with a simpler plan which included stripping the current building down to its shell and use it as a multi use space.  The agreement with the town has given the FWMH committee the responsibility of raising the funds to complete the project.  If the Committee can not raise the funds for the building and its proposed community center use then the lease is not valid, funds can not be raised for the garden that is not the purpose of the 501c3.  Jon stated that the current agreement represents the committee’s needs very well but not the towns.  There is not currently a schedule of how much funds need to be raised by what date nor is there a schedule for completing the job.  Jon does not feel it is a good idea to leave this part of the agreement this open-ended while putting in a $25,000 driveway.  Jon agreed this is all his opinion (Wayne was not comfortable with his statements and wanted it clarified it was Jon’s opinion and not necessarily that of the Board) and he’d like the committee to work with the town and create a rider to the lease that does have a time and money specific schedule for raising funds and creating a community center.
The committee present stated that they were not part of the FWMH committee; they were part of the garden committee.  There were 3 members present from the FWMH committee present but Joe Baker the Chairperson was not present and according to Ruth Green that was because he was so fed up with the last conversations and subsequent emails and he gave her permission to say this.  The request to be on the agenda tonight was made by Shirley Olds, a member of the FWMH committee.
3.  Monica Webb came in to discuss the next steps with regards to the WiredWest cooperative following the vote from town meeting.  She provided the Board with instructions for municipal lighting plants (available at Town Hall).  She has also provided the Town Clerk on May 9th with the instructions on filing the vote with the DPU and she’s assuming this happened as she has not heard back from Linda one way or the other.  The cooperative will be formally incorporating on July 16th.  There are approved draft bylaws and articles of incorporation which the Board will have a chance to review before the cooperative votes on them.  The $1,000 that was approved at town meeting will be due by July 16th; the Board requested that an invoice be sent to the Town Accountant.
A motion was made to appoint Monica Webb as the delegate and Larry Klein as the alternate delegate.  The motion was seconded and unanimously approved.
4.  A motion was made to approve the application for a special event license to serve wine & beer at the Roadside Café on Main Rd on Thursday, June 9th from 5 – 8pm for a Chamber of Commerce Business After Hours Event.  The motion was seconded and approved.  Wayne recused himself from the vote as he works for Gould Farm.
5.  The minutes from 5.16 & 5.23.11 were approved as written.
6.  Warrants were signed for 2 weeks as the Treasurer will be away.
7.  Inter-Departmental Secretary’s weekly report reviewed.
8.  Reminder: Select Board meetings will start at 5pm starting next week thru August 29th.
9.  The Board will speak to Maynard with regards to flaggers and Roger Tryon’s claims in his letter to the editor in the Monterey News.
10.  Jon stated he received an email from the Town Accountant stating that 2 more accounts are over as of May 31st; the Planning Board expenses by $73 and $50 on the Board of Appeals expenses.  There will be a few transfer requests for the Finance Committee and Select Board to approve at the end of the fiscal year.
11.  Mail was reviewed which included:
a.  A letter about an incident on 5/18 at the Lake Garfield Boat Launch.  The gentleman writing stated that after launching his boat and parking his truck to the left of the gravel strip he found his truck heavily coated with wet grass and weeds from the contractor that mows the town beach area.  He felt that no effort had been made to keep his truck safe from objects thrown from the mower.  He also stated that he was grateful to be able to use the launch but felt that more care could’ve been taken to avoid covering his truck with debris from the mower.  The Board will forward the complaint to the Parks Department.
b.  Credit memos from MIIA which will be forwarded to the Town Accountant.
c.  Instructions from the U.S. Census Bureau on how to download the town’s demographic profile.  The Board requested that M. Noe print these out for the Board’s next meeting.

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

cc: Website (www.montereyma.gov)
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