Monterey Select Board
Minutes of the meeting of 7/9/12
Meeting Opened at: 9am
Select Board Members Present: Scott Jenssen, Chairperson, Muriel Lazzarini and Wayne Burkhart
Also in attendance for parts of the meeting: Maggie Leonard for the Monterey News, Town Counsel, Jeremia Pollard, Josh Allentuck, Chief Backhaus, Laurily Epstein, Bettina Schwartz, Billy Baumann, William Hall, Wendy Hall, Paula Hall, Officer Johnson and Robert Lazzarini
At 9am the Board took role call, all Select Board members are present. A motion was made to enter executive session to discuss potential litigation. The motion was seconded and unanimously approved. The Board will return to an open meeting.
At 9:40am the Board returned to an open meeting. Scott Jenssen was not present for the nuisance dog hearing due to a conflict of interest.
The Board opened the nuisance dog hearing to hear the complaints regarding an excessively barking dog. The farm’s owner as well as the dog’s owner were both notified of today’s hearing but were not present today. The written complaints received from abutter’s of Blue Hill Farm were available for anyone that wanted to read them. Everyone in the room has been sworn in and is under oath. The complainants were given and the opportunity to express their concerns. William Hall of 212 and 214 Blue Hill Rd stated that the dog barks for extended periods of time on some nights and some nights it is just at early hours of the morning (like 3:40am) and the bark is very loud and disturbing. Billy Baumann of 216 Blue Hill Rd stated that the issue is that the dog barks non-stop
and is only allowing him and his family approximately 2 – 2 ½ hours of sleep a night. This has affected their children’s studies and grades. The neighbors have tried to talk to the dog owner and he’s been non-responsive for the most part other than saying that he “has the right to farm”. The neighbors stated that this is a yearly problem. Wendy Hall of 214 Blue Hill Rd stated that the dog is very friendly and beautiful but there have been issues with the dog being unrestrained and laying in the road (this occurred last year), it would also wander into their yard. The dog in question is an Italian sheepdog (Maremma). Wendy stated that they are all in favor of farming and do not complain about the loose cows or farming equipment. However, the excessive non-stop barking is affecting her life and ability to sleep.
Chief Backhaus stated that he spoke with Jessica Burgess of the Agricultural Department who suggested that the “Right to Farm” bylaw does not supersede any town bylaws or state laws.
The neighbors stated that the dog is left unattended and not under anyone’s control from approximately 7pm until approximately 6am. Paula Hall stated that she feels that anyone would not be happy to have to hear this excessive barking every night while trying to sleep. Paula and William Hall have even left their house for several consecutive nights just to be able to get some continuous sleep. Chief Backhaus did confirm that when called to the property he has heard the dog.
Bettina Schwartz stated that she is here as a member of the Agricultural Commission and she has found that this type of dog is highly effective at guarding the livestock, far better than the donkeys and llamas that have been suggested.
Billy Baumann read off a list of best practices for poultry farming in Massachusetts found on the state’s agricultural website. Laurily asked why it’s suddenly an issue if the farm has always had chickens. The neighbors stated that it’s not the chickens that are the issue it is the dog that was recently acquired that is the issue.
Jeremia stated that it is not being refuted that the dog is being heard by all of the abutting neighbors and that the dog’s excessive barking is the issue. He stated that the right to farm bylaw does not over-ride the ability for people to live peacefully it just puts residents on notice that you are going to have to deal with farm equipment, loose cows and the smell of manure.
The Board was disappointed that Sean Stanton, owner of the dog chose not to attend the hearing to discuss some options with everyone present to come up with an acceptable solution. The Board does not understand his unresponsiveness. The Halls stated that sleep is a basic human need and that is all they are asking for is uninterrupted sleep.
Chief Backhaus stated that the neighbors have noted that when the owners of the house (the Barbers) come to stay, the neighbor’s have noticed that the dog is quiet and quite possibly located to another location.
As there were no more new comments a motion was made to close the hearing which was seconded. The Board also thanked everyone for coming. The Board is going to deliberate the evidence presented and make a decision by next Monday’s meeting. Scott Jenssen returned after the hearing closed.
Miscellaneous Select Board Items Reviewed:
1. Josh Allentuck came in and updated the Board on the progress of “Jamie’s Court” and inquired about some procedural questions with regard to quotes for the work.
2. Josh Allentuck inquired as to why the Town owns two portable speed signs and only one is being used at a time. The Board recalled that one was having issues and that might be the issue. Josh requested having one on Tyringham Rd. The Board will ask the Chief to have one placed on Tyringham Rd near the Hebert’s 2nd driveway.
3. The Board approved to allow the $250,000 expenditure explained in the June 29, 2012 letter from the SBRSD with regards to the appropriation for the lighting efficiency project at the Sheffield campus.
4. The Board sought Town Counsel’s advice on whether or not it should be a posted agenda item to continue the job scope, required office hours and benefits discussion with the Town Clerk or if she could be called in now. It was determined that to meet all of the OML requirements it was best to notify her that this would be on the agenda next week and to request her attendance. This has been scheduled for 9:30am next week.
5. Officer Johnson of the Monterey Council on Aging came in to give the Board a presentation for the Wii senior bowling league that will be starting soon through the Wii National Bowling League. He demonstrated that this does not require a large amount of motion to participate and thus encourages some that may feel housebound to get out and socialize while also getting some exercise.
6. The minutes from 7.2.12 were approved as written.
7. Mail was reviewed which included:
a. Letter of interest from Rudy Gero to serve on the Employee Compensation Committee. The Board felt that since Rudy is an employee and there are already 3 employees representing on the committee they would like to have a civilian non-employee. A thank you for your interest letter will be sent to Rudy stating there are already 3 employees on the committee and that the Board would like to have two more civilian non-employees.
8. Warrants were signed.
9. The Board scheduled the Annual 2nd Homeowner’s meeting for 10am on Saturday, August 4th at the Town Hall in the meeting room. M. Noe will post in all locations in town and on the website.
10. Inter-Departmental Secretary’s weekly report reviewed.
A motion was made and unanimously approved to adjourn the meeting at: 11:07am
Submitted by:
Melissa Noe, Inter-Departmental Secretary
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
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