Monterey Select Board
Minutes of the meeting of 8/18/14
Meeting Opened at: 9am
Select Board Members Present: Wayne Burkhart, Chairperson, Scott Jenssen and Kenn Basler
Also in attendance for parts of the meeting: Jacob Edelman for the Monterey News, Bettina Schwartz, Karen Allen, Tika Snyder, Karen Gralla, Stanley Ross, Chris Blair, Muriel Lazzarini, Bob Lazzarini, Barbara Gauthier, Natalie Manzino, Judy Bohr, Valerie Zantay, Richard Tryon, Ray Tryon, Jeremia Pollard, Mark Firth, Jeff Purvis, Jon Schweitzer, Linda Schweitzer and Michael Vlatis
Miscellaneous Select Board Items Reviewed:
1. Several concerned citizens that live near Camp Hume came in to speak with the Board about the following:
a. Letters of complaint were submitted (attached)
b. The residents around the camp are concerned about issues that have been accumulating over the last 8 months or so. There has been a huge amount of activity including a large increase in traffic on the very narrow road. The neighbors feel that that the whole feeling of the neighborhood has changed. The increased traffic is not obeying the speed limits. The sounds from the camp (screaming children as well as the camp PA system and loud speakers) are also very loud and ongoing at all hours of the day/night.
c. The residents have met with the person running the camp and he seemed sympathetic about the complaints the neighbors had and were unaware of the level of intrusiveness the neighbors are feeling however told them he did not have the authority to promise any changes would be made. Hume did tell them that there are plans to upgrade the camp from its current 100-150 campers to 500 campers. The neighbors feel that an expansion of this size would seriously impact the quality of life there as well as affect the property values.
d. The Board suggested that the complaints about speeding should be directed to the Police. The Board also mentioned that Hume did meet with the Board and had mentioned that they are looking into creating a new access road from RT 23 but that it will be very expensive.
e. The citizens want to know if there are limits to how much the camp can expand. The Board explained that because the camp is religious is exempt from certain restrictions being placed on them (see MGL Chapter 40A Section 3: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section3 ). The Board is willing to assist the residents in any way they can but conceded it may be limited.
f. M. Noe did pass along a message from the Building Inspector recommending that the residents meet with the Planning Board to look into the option of amending the current bylaws to limit the number of campers allowed at permitted camps within town. Karen Allen stated that she has a call in to Maggie Leonard.
g. Karen also inquired about getting a noise ordinance instituted in Monterey (this would be something the Select Board would present to town meeting for approval). The Select Board has this on their radar and will look into creating such a bylaw.
h. There was a question if there were any town bylaws that protect homeowner’s property values from businesses that come in and negatively affect the property values; the Board felt that this may be more of a legal issue that homeowners would have to pursue independently.
i. The Board suggested that all those present today should form a committee and begin meetings with the Planning Board and Select Board to begin talks regarding creating the bylaws talked about today.
2. Residents of the Pine Brook/Lake Rd Association came in to discuss the following:
a. This Association has 3 roads in their association and maintains their roads. This past winter West Rd (which is not part of this association) has become very difficult to pass and traffic is bypassing West Rd and using the Association’s roads. The Pine Brook/Lake Rd association has sent letters to the West Rd residents asking them to contribute to the maintenance. Questions arose as to how the town could become involved to require the homeowners on West Rd to bring it up to current standards that would allow emergency vehicles to pass. Because these are private roads the Select Board doesn’t have any jurisdiction. The Board will be meeting with Town Counsel later this morning and will ask if the Fire Department has any jurisdiction in requiring West Rd
to meet current road compliance.
b. The Association inquired about any grants or resources available to help them maintain their roads. The Board stated that because it is private it really falls out of the realm of what they can do. When asked if the Town could take over West Rd it was stated that this was attempted in the past (about 25 years ago) and it overwhelming failed.
c. The Association also inquired if they were allowed to set their own speed limits since their road is private. The Board didn’t see any reason why not but suggested that they speak to the Police Chief before doing anything.
d. It was also suggested that the Association may want to begin conversations with the Planning Board on some of the issues and questions they had, specifically having the Town take over West Rd as a town road.
3. Chris Blair, Chair of the Conservation Commission came in to report on the following:
a. The Tower owner for 31 Main Rd has applied for a Certificate of Compliance for their Order of Conditions. Chris stated that an engineer will need to sign off on the road before this is issued. The neighbor is very concerned about the functionality of the road and Chris did make a site visit to review the abutter’s concerns and the Commission has asked the engineer to be aware of them as well. Chris also noted that the homeowner of 31 Main Rd has been doing his own “construction projects” that are not permitted including building his own bridge.
b. The Commission has given a separate permit from the drawdown permit allowing the homeowners on Lake Garfield to hand pull their weeds around their docks. The Association has been made aware of a patch of milfoil that is in the center of the lake (about 1 acre) and they don’t want to file to do this; conversations are ongoing right now trying to find a solution that works for everyone.
c. There has been big change on the Commission membership. 2 new members have been appointed and there may be 2 members leaving between now and the end of the year. The Commission is still actively looking for people interested in joining the Commission.
4. Jeremia Pollard, Town Counsel came in at the request of the Board to discuss how changing an employee’s status from at will to contracted affects the Town. Jeremia first clarified that if someone calls him with a question it should be for an issue that all of the Board members are aware of and not one member acting on his/her own. Jeremia stated that if you enter a contract for term you alter the status quo and this doesn’t mean that he is recommending for or against it. Jeremia stated that he usually doesn’t get involved in contractual issues as it isn’t his specialty and because he works closely with a lot of the employees that may be affected by his opinions. He clarified that if you take an employee out of the at will mode then what you negotiate will have to be
provided for. “At will” means an employee can be let go at any time for any reason or for no reason. The employee that is let go would be eligible to collect unemployment and depending on the circumstances behind the employee being let go the employee could have a case against the town under a number of different circumstances. Barbara Gauthier asked about the 2 existing contracted employees in town: 1) were the contracts run by counsel and 2) could they be rescinded. The contracts couldn’t be rescinded during the contract term but they could not be renewed if the Board so decided. Jeremia stated that these contracts were never reviewed by him. It was asked if the contract should be continued with the Police Chief or should he be an at will employee. Jeremia cautioned that if there isn’t a contract with the Police Chief or Fire Chief then the Town has to give one year’s notice to let him/her go (MGL Chapter 48
Section 108O). Another clarification that the Board asked for is whether or not M . Noe was incorrectly titled when she was given the title Executive Secretary since that statue wasn’t accepted (MGL Chapter 41Serction 23c requires a vote of the Town to appoint an Executive Secretary or Town Manager). Jeremia stated that M. Noe’s title doesn’t affect whether or not a contract can be entered into with her and that the title of Administrative Assistant is legal. If you want the powers under Chapter 41 Section 23C to be legally afforded to M. Noe then you would have to accept that section. Kenn asked why the title was changed from Inter-Departmental Secretary to Executive Secretary it was explained that 1) the title Inter-Departmental Secretary was a mouthful and 2) that the title Executive Secretary was more representative of the duties performed by M. Noe. It was asked whether or not Jeremia would recommend the Board entering into a
contract with M. Noe; he stated that he would not answer this question as it is the decision of the Board to make not his and that he cannot make these types of recommendations because he works directly with the employees of Monterey as well as the Boards and a separate employment lawyer should be hired for these questions.
5. Town Counsel was asked about the noise concerns, road use, property devaluations, etc that have been brought to the Board from concerned neighbors around Camp Hume. The Board asked if they have any jurisdiction in limiting their activities. Jeremia suggested approaching it informally with them first. There have also been complaints received about the noise from a few local shooting ranges in town. Jeremia stated that the devil with adopting a noise ordinance is regulating the noises you love with the noises you don’t. Making a noise ordinance under a town bylaw would allow for fines, if it were done under zoning the hits would be much harder as there could be legal actions taken. Jeremia suggested that whether this be a zoning bylaw or a town bylaw should be a discussion
between the Select Board and Planning Board. Jeremia reminded the Board that whoever is assigned to enforce the bylaws, their duties will be increased. Private citizens have the right to file a private nuisance lawsuit without the town creating a noise ordinance/bylaw.
6. Town Counsel was also asked if the Fire Department has any jurisdiction in requiring a private road to come to compliance if emergency vehicles cannot reach the homes on that road. If it was a road developed before subdivision bylaws then the town cannot make anything happen. There is no mechanism for the Town to help the residents of a private road or association unless the Fire Chief were willing to go on record stating that an emergency vehicle cannot access a particular road. Doing this may push the road association to fix it as this declaration will affect the homeowner’s insurance on those roads.
7. A letter was given to the Board by M. Noe requesting to put an end to the contract discussions due to the negative atmosphere these discussion have created and instead suggested a compromise. This compromise would be a signed document agreeing to certain terms outlined in the letter. It would not be a contract (thefore not altering her at will employment status) and would be in effect for the entire term of M. Noe’s employment. The Board will review the letter and discuss it next week. Scott felt that there wasn’t anything in the contract that hurt the town or was providing too much for M .Noe. He didn’t see any reason why the Board should or shouldn’t enter into this contract.
8. M. Noe’s title was discussed and it was suggested that it be changed from Executive Secretary to Administrative Assistant. No action was taken on this and it will be reviewed further next week.
9. The Board reviewed the discussions from the 2nd Homeowner’s Meeting held this past Saturday. Next year the Assessor’s and Town Clerk will be invited to the meeting to assist in providing answers from the attendees.
10. Police Chief’s report was reviewed. Time off request was approved.
11. Kenn stated that over the weekend Zack at the dump inquired about who had the ability to view the camera footage that monitors the dump as someone came in over the weekend and dumped a large amount of items into the wrong dumpster. Kenn has asked Shawn to follow up on this.
12. Mail was reviewed which included:
a. Recommendation from Shawn Tryon to accept the paving bid for RT 57 from Del Signore Paving of Troy, NY. A motion was made to accept the Director of Operations recommendation. The motion was seconded and unanimously approved.
b. A recommendation was received to appoint Steve Weisz to the Cultural Council. A motion was made to appoint Steve Weisz to the Cultural Council. The motion was seconded and approved 2 to 1. Scott abstained.
13. Bob Lazzarini informed the Board that the Town (ZBA) owns a device that will measure the decibels of noise and the Select Board can use it whenever they would like.
14. Barbara Gauthier stated that she is unable to report on how the Accountant is doing as she hasn’t received any response to her 2 inquiries for updates and reports. Kenn stated that he has spoken with both Bethany and Brendan and they both felt they have made tremendous progress and are looking forward to Barbara returning this week.
15. The Board discussed the current issues at the Transfer Station and agreed that the discussion of upgrading the Transfer Station may need to be addressed sooner than later.
16. Executive Secretary’s weekly report was reviewed.
A motion was made and unanimously approved to adjourn the meeting at: 11:40am
Submitted by:
Melissa Noe, Executive Secretary
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
Town Clerk
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