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Select Board Meeting Minutes 12/7/15
Monterey Select Board
Minutes of the meeting of 12/7/15

Meeting Opened at: 4:15pm
Select Board Members Present: Scott Jenssen, Chairperson, Kenn Basler and Steve Weisz

Also in attendance for parts of the meeting:  Gareth Backhaus and Donald Torrico

The board met with Chief of Police, Gareth Backhaus to review the following:
1.  Chief Backhaus confirmed that he was the only officer to qualify on the firing range on Fox Hill last month and this was because Tryon’s gravel bed/firing range wasn’t available (the location used in the past for qualifying).  Going forward no police officers will be using the one on Fox Hill.
2.  Ammunition purchased by the Police Department is only used for qualifying and logs are kept for the stock on hand/being used.
3.  The Chief confirmed that a person is allowed to have a range/target shoot on their property no matter how close you are to your neighbor.  MGL Chapter 140 Section 121 addresses discharging a weapon within 500 feet of another dwelling however it excludes outdoor target shooting with the permission of the owner of the property where the shooting occurs.
4.  Town Counsel was consulted on the recent noise complaints received and advised the board that they have no jurisdiction to regulate or restrict someone from shooting on their property and also stated with the exception of nuisance dogs as there are statutes that address this type of noise, the Board is not the proper venue for petitioning assistance with noise complaints.  They are considering all the noise complaint matters that have been brought to them recently closed.
5.  The Chief is looking into replacing the front struts for $400 on the old sedan cruiser.
6.  Weekly report was reviewed; vacation request was approved.

The board met with Building Commissioner, Donald Torrico to review the following:
1.  Fee changes for plumbing, gas and electric inspections: The proposal is to raise the inspection fees to $60 per inspection (currently $55) and to raise the inspector’s fee from $45 to $54.  Steve countered with raising the inspection fee to $60 and raising the inspector’s portion to $50; the Board unanimously agreed.  This will go into effect on January 1st.   The inspectors were recently changed from 1099 contractors to paid employees by the Accountant and Treasurer’s office.  A question was raised by the inspectors if due to the payroll change if they would now receive reimbursement for mileage; it was agreed that the policy will remain as is and they will not receive mileage reimbursement.  Don stated that he did ask M. Noe to check with her sources on whether or not we had to reimburse mileage and what other towns were doing and of those surround town managers that responded they are not reimbursing and we do not have to.
2.  New Marlboro Rd bridge: Don is unsure who is overseeing this project, has not been involved in the process and has not been asked to make any inspections.  Concerns have been raised by the state about the material used; Kenn will be meeting with DOT tomorrow regarding their inspection and any concerns.
3.  Don mentioned that he is troubled to have people telling him that Kenn has been speaking with members of the community “gunning” for him and trying to remove him as Monterey’s inspector.  Scott stated that the Select Board no matter what needs to stand 100% behind all their employees and if a concern is brought to a member there shouldn’t be any outside discussions and that the concerns should be brought to the Board as a whole to investigate and address if necessary.  Scott acknowledged that he has heard nothing but praise for the job Don is doing.
4.  Don was asked to review the permit extension act to determine if the 1st special permit approved for the cell tower on Chestnut Hill would be applicable under this act and if so what it would extend its expiration date to.
5.  Don was asked to confirm if Verizon has applied for an antennae permit for the Main Rd tower; to date they have not and he will need to review the original permit’s special conditions to determine if they will need a special permit or just a building permit.
6.  It was confirmed that a private homeowner has contracted with a private company to run a fiber line from the firehouse to his home on Carl’s Lane.  Steve was concerned about people independently tapping into the middle mile as it may limit space on the poles when the final mile is run to the towns.  There were also concerns about whether or not the hub at the firehouse was a municipal hub and whether it was legal for private individuals to tap into it.

Miscellaneous Select Board Items Reviewed:
1.  School Committee Meetings: discussions are continuing with regards to the MOU proposed by the 5 towns and the assessment issue.  The school committee’s lawyer has instructed them not to sign it, that it isn’t legal.  The Board members have all reviewed the 5 town MOU and have agreed it should be signed and submitted.  A motion was made to accept the MOU as was written by Nat Yohalem and Charlie Flynn.  The motion was seconded and unanimously approved.  M. Noe was asked to pass this information along to the other 4 towns.
2.  Kenn reported on the Rt 57 meeting with New Marlborough, Sandisfield, Tolland and Granville.  Interest has also grown and the future meetings will address how towns deal with the state and Chapter 90 funds, they are going to continue to meet monthly (a schedule will be posted) and all are welcome to attend.
3.  Shared services meeting: Kenn reported that the request is to share a paver (which we already own) but we would be interested in a roller.  Discussions have also begun on sharing professional positions such as a Conservation Commission Agent/Consultant.
4.  Steve (in addition to M. Noe) have left messages for Bartini Roofing that won the bid for the town hall roof but have not yet heard back on when he will start the job.  It was agreed that we will call him on a daily basis until we have a start date and if we don’t hear back from him we will cancel the contract and look for another roofer.
5.  Employee holiday gathering: It was suggested to hold a lunch at the town hall on Monday, December 21st from 12 -2pm. the money to purchase the food and non-alcoholic drinks will come from the select board expenses.  All appointed boards, commissions and employees will be invited and asked to RSVP no later than the 16th.
6.  The Board took a moment of silence in honor of Pearl Harbor Day.
7.  It was suggested that when the budget requests are sent out this year that a letter be included from the Select Board that let departments know that we are looking at a level funded budget as we are looking at a tight year and if a department needs more money they will have to justify the additional funds.
8.  The Board discussed the recent issue that has arisen between MBI and WiredWest and all have agreed that they will not sign any contracts until MBI and WiredWest have come to a resolution.
9.  The Board will each individually speak with the Chief about making sure that the old cruiser (sedan) be kept at town hall as a speeding deterrent when not in use.
10.  Kenn reported that he has spoken with Maria Rundle and she will follow up with Dave Hastings on the status of the Monterey School building and the plan for a future program that the Early Childhood Development Committee is working on.  Steve will follow up further on the option of placing a modular facility on the Community Center grounds for a school program.
11.  Mail was reviewed which included:
a.  Press release and WiredWest rebuttal to MBI (available by request).
12.  Administrative Assistant’s weekly report was reviewed.
13.  Warrants were signed.

A motion was made and unanimously approved to adjourn the meeting at: 6:30pm

Submitted by:
Melissa Noe, Administrative Assistant
Approved by:
Monterey Select Board

cc: Website (www.montereyma.gov)
Select Board Members
Minutes Book
Town Clerk