Monterey Select Board
Minutes of the meeting of 6/4/12
Meeting Opened at: 9am
Select Board Members Present: Scott Jenssen, Chairperson, Muriel Lazzarini and Wayne Burkhart
Also in attendance for parts of the meeting: Deborah Mielke and Tika Snyder
The board met with Police Chief, Gareth Backhaus to review the following:
1. Complaint about a barking dog on Blue Hill Rd at Blue Hill Farm (x4). The owner of the dog was given a warning that a complaint of disturbing the peace would be filed if he didn’t get the dog to stop barking (this is happening from 11pm – 4am, nightly). The owner of the dog is stating he’s allowed to have the dog there to protect his livestock under the Town’s Right to Farm Bylaw. The owner was later issued a citation for disturbing the peace which will be dealt with in court. It was noted that the owner of the dog doesn’t live on the farm, he lives in Gt. Barrington. Scott suggested that an alternative to a dog would be a llama or a donkey. Chief Backhaus returned later in the meeting to show the Board an email he received from Laurily Epstein at
the request of Sean Stanton (owner of the dog) informing the Board and Chief that Sean feels that the ticket received is unwarranted as he believes the town’s right to farm bylaw protects him from such complaints. He requested the Board’s input. Muriel felt that he was a part time farmer and if he wanted the farming lifestyle he needs to hire someone to bring the chickens in at night so that leaving the dog out overnight wouldn’t be necessary. Wayne felt that Sean should try to work with the Town and the neighbors to come up with a solution that works for everyone. The Board agreed that the courts should decide on the matter and review our current dog bylaws and the right to farm bylaws to see which prevails. The town’s bylaw on nuisance dogs was read into record along with the fines that can be imposed.
2. B&E on Carl’s Lane
3. Assisting Westfield PD with investigation of a robbery case.
4. False alarms on Bidwell Rd, Hupi Rd and Steven’s Lake.
5. Rabid raccoon reported on Main Rd.
6. MVA on Main Rd.
7. Assisted a citizen on Blue Hill Rd.
8. Assisted Lee PD with serving a trespass order.
9. Attempted to serve a warrant on Mt Hunger Rd. – house was all blocked shut and surrounded by garbage. The Health Agent for Monterey is going to be asked to make a visit to the site.
10. MVA at Pixley & Main Rd.
11. Unfounded “suspicious activity” reported on Blue Hill Rd.
The board met with Town Accountant, Steven Pullen to review the following items:
1. Overdrafts of town budgets:
a. There have been a lot of legal costs that are going to cause a few departments’ budgets to go over: The ZBA and Select Board are 2 he noted. The Select Board legal fees are due to a suit (which has since been dropped) by C. Ferris regarding the proposed dog park.
The Planning Board will be over due to the unanticipated legal ad & printing costs associated with revising the town zoning bylaws.
b. The line item for tax titles will also be over approximately $1,200 but this money will come back to the Town eventually on the revenue side of things when the taxpayer repays the associated fees with the tax taking.
2. Steve confirmed with the Board that the Town wants to accept the monetary gift received for the construction of Jamie’s Court. The Board confirmed acceptance of the gift. It was also discussed that if the project costs more than what they’ve raised that the project proponents (private donators) will need to come up with the money or it would have to go to a town meeting vote.
3. Steve noted that he will be meeting with the Board at a future date to determine whether or not to continue carrying over the money allocated at a previous town meeting for fencing at the proposed dog park at the WMH property.
4. Postage meter: Steve wanted to confirm that the Board approved the purchase of this as M. Noe had put in a request for postage through Postage by Phone. The Board confirmed that they did approve this equipment lease.
Miscellaneous Select Board Items Reviewed:
1. Memorial Day Festivities:
a. Muriel read a letter which thanked and commended Scott for returning early from a family function of his own to attend the festivities in Monterey to honor Dean Amidon.
b. There was also a special thank you read for Chief Backhaus and Officer Johnson for their parts in the ceremony.
c. Muriel stated that several adults expressed their appreciation regarding the handheld flags for the children having the round tips on the top.
d. Muriel suggested that next year the parade moderator should be given the names of the parade children to be announced.
e. Muriel also suggested that a 4x6 card be printed up about one month prior to the festivities with the flag etiquette printed on them.
f. It was also noted that some of the branches at the Veteran’s Park need to be trimmed and she wasn’t sure if this was an issue for Maynard, the Tree Warden or the Parks Commission.
2. Tika Snyder came in as a representative of the Monterey School Committee to discuss additional recommendations for appointments to the Committee. Muriel recommended appointing Laurie Shaw to the committee as the WMH representative. The Board is also going to speak with Mary Makuc to see if she is interested in being appointed to this committee.
3. Deborah Mielke, Town Clerk came in to ask a question about the HVAC system to be installed in all the offices. She questioned if it really was necessary to install in her office as her space is so small. The Board suggested that maybe installing it in the archives room instead of her office if she didn’t want it in the office space. The Board suggested speaking with the Director of Operations with any questions she might have. Overall they felt it was best to install it even if she wasn’t going to use it as the next occupant of the office may feel differently.
4. Deborah Mielke, Town Clerk stated she has been reading the Select Board minutes and agendas and with regards to the agenda item to discuss the new municipal health insurance law (Chapter 69 of the Acts of 2011): she wanted to know what the town’s policy was for elected officials/part time employees receiving health insurance benefits. She stated that Chapter 69 does define what a part time employee is. Town Counsel will be consulted about the new health regulations and whether they apply to Monterey (and if they should be adopted) seeing as we do not have any employee unions.
5. Muriel stated the following regarding Updating of Employee Handbook/Personnel Policy:
a. She suggests that five people be on the Employee Compensation Committee that will review the DRAFT. She recommends the Police Chief, Director of Operations, a Finance Committee Member, a Select Board member and one member of the community. She recommended the following for consideration: Ian Jenkins and/or Kenn Basler.
b. She feels that more discussion is required among the Board on the Committee and how the handbook should be put together and who should be responsible for putting it together.
6. Muriel thanked Wayne for all of his correspondence and follow up on the Berkshire Hazard Mitigation Plan and the Lake Buel flooding issues. She asked questions about the plan and timelines associated with it. The Board is going to ask Smitty Pignatelli, Senator Downing, FEMA and Mark Malloy on the status of our concerns with the mitigation of Lake Buel.
7. Muriel feels that we need to assemble a capital expenses plan for the next 10 years for the Fire Department, Police Department, Highway Department, Town Hall, Transfer Station and Select Board. Wayne stated each department has this but it was suggested that they should all be paired together.
8. The minutes from 5.21.12 were approved with one amendment.
9. The Board reviewed the 3 quotes received for Phase I of the HVAC installation (Director of Operations, Maynard Forbes recommended accepting the bid from LePrevost). The Board postponed accepting M. Forbes recommendation for Phase 1 of the HVAC installation until next Monday June 11th.:
a. LePrevost $15,750
b. Gennari $16,975 and
c. Moran $17,700
10. Mail was reviewed which included:
a. An invitation to a Public Employee Retirement Administration Commission forum on sustaining public pensions.
b. Resignation letter received from John Heffernan from the Local Cultural Council.
c. Letter from Jonathan Levin confirming his resignation as the ZBA alternate in light of his recent election to the Elected Seat.
11. The Board discussed the notification received of an event held at the Monterey General Store without a Certificate of Occupancy permit or permits from the Board of Health, the notification also noted that alcohol was served without a special event permit. A copy of the Building Commissioner’s communication with the owner was also included which put the owner on notice that the store cannot open or host any type of event until the Certificate of Occupancy is issued and that in order to issue that the owner still needs to submit the floor plan by a registered architect or engineer which will establish an occupant load. It was noted that the store is also still missing the required emergency lighting, exit discharge lighting and portable fire extinguishers. The Board agreed to let the other
various departments involved deal with the violation.
12. The Board discussed a recent complaint received from Ellen Whitbeck regarding her FY13 transfer station sticker application and difficulty purchasing her sticker. A motion was made by Muriel Lazzarini to waive Ms. Whitbeck’s fee for one time only, which was seconded by Wayne and unanimously approved. Wayne noted that he didn’t want this situation to reflect poorly on M. Noe as she has been impeccable in the past about letting everyone know when her office will/would be closed. Going forward it was agreed that there will be larger signs placed in more spots notifying people that the office is closed and transfer station stickers are unavailable for purchase. Chief Backhaus noted that people should really take advantage of the mail in option to avoid any issues with staff
availability.
13. Warrants were signed.
14. Inter-Departmental Secretary’s weekly report reviewed.
15. The following reappointments were made for the terms noted:
Care of Soldiers' Graves |
3 years |
Arnold |
Hayes |
Harbormaster, Lake Buel |
3 years |
Christopher |
Cobb |
Harbormaster, Lake Garfield |
3 years |
Gareth |
Backhaus |
Hearings Officer |
1 year |
Mr. |
Burdick |
Historical Commission |
3 years |
Jan |
Emmons |
Monterey School Study Committee |
1 year |
Cheryl |
Zellman |
Police Department |
1 year |
Gareth |
Backhaus, Police Chief |
A motion was made and unanimously approved to adjourn the meeting at: 11:24am
Submitted by:
Melissa Noe, Inter-Departmental Secretary via audio recording
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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