Monterey Select Board
Minutes of the meeting of 9/28/15
Meeting Opened at: 4:20pm
Select Board Members Present: Scott Jenssen, Chairperson, Kenn Basler and Steve Weisz
Also in attendance for parts of the meeting: Richard and Pat Edelstein, Shawn Tryon, Dave Gilmore and Julio Rodriguez
The board met with Director of Operations, Shawn Tryon to review the following:
1. Dave Gilmore, Transfer Station Manager came in to offer his suggestions after reviewing the plans for the new transfer station. He stated that if the town won’t be able to afford the building cover that is planned he recommends some sort of a cover for safety around the bins. He also requested some form of drinking water be available as well as some place that they can wash their hands. The Board stated that there are no plans for running water there but they can look at other options that may be available.
2. Shawn stated he has reviewed the bids received for Phase I of the Transfer Station and recommends not accepting any of the bids and rebidding it around February. Shawn did speak with the bidder that came in the lowest who made a couple suggestions of things that could save money when we rebid it. An option could also be to continue leasing/renting the containers instead of purchasing them which would save about $65,000. Letters will be sent to all those who bid informing them that it will be rebid around February.
3. Scott requested that in Shawn’s spare time if he could start working on a preliminary budget for FY17.
4. A handleset/lock was requested for the Transfer Station Attendant shack; Dave was given permission to purchase one from Carr Hardware along with as many keys as is needed.
5. Steve requested an update in response to his request that the broken pavement on the Monterey-Tyringham border be repaired. Shawn stated that a joint repair project between the two towns should be completed next week.
Miscellaneous Select Board Items Reviewed:
1. Richard and Pat Edelstein came in to state that they have a noise issue. He stated there is someone west of Tyringham Rd that fires a rifle for hours at a time on a regular basis (mostly during the day on weekends). He feels he has a right to have peace and quiet. Pat Edelstein read from the book of Micah to help describe what this intrusion feels like; Scott noted that he did not feel it was appropriate to mix church and state. Scott noted that the Board has looked into creating a noise ordinance in past years and have spoken about it with Counsel and the Police Chief. The noise they are hearing is coming from an approved range and fall under this person’s constitutional rights. Scott referred to the August 18, 2014 minutes when Counsel was asked his opinion on the
matter. Scott stated that if the Edelsteins want a noise ordinance he suggested that they could do so through a citizens petition. The Board will contact the Planning Board to discuss this further. If a noise ordinance was put in place the town would need some sort of device to measure decibels to determine if a violation is being made and these devices would require regular maintenance and tuning (additional expense to the town). The enforcement of such a bylaw is difficult and a decibel reading from a gunshot could also be the same decibel as a motor from a boat on a lake which would mean that the boaters would also have to be fined/asked to cease the action. A future meeting will be scheduled with the Chief and Planning Board which the Edelstein’s will be notified of.
2. Julio Rodriguez came in to inform the Board that the Council on Aging will be putting on a health fair this Saturday at the firehouse.
3. The Board approved the wine and beer permit for Octoberfest for the Friends of Wilson McLaughlin House. The Board also approved waiving the $25 permit fee.
4. Kenn reported that there will be a meeting on Wednesday night to discuss the error made by the Business Administrator at SBRSD in assessing the towns (using an old formula). Monterey was assessed $120,000 more than it should have been and Sheffield and New Marlborough were under assessed. Kenn feels that the correct assessment should be made and the money should be returned to Monterey immediately or no additional payments should be made this year; Steve and Scott concurred. All are planning to attend Wednesday’s meeting.
5. Regarding the Monterey School; it has been confirmed that the School Committee is going to rescind their agreement to match funds to repair the Monterey School as it’s a violation of the district agreement. It was also noted that it was a violation not having a program in Monterey this year as there were parents that wanted their kids to go there this year but were told they had to go to New Marlborough instead. Maria Rundle will be asked to attend Monday’s meeting to discuss further.
6. The Conservation Commission has requested that Claudia Crane be appointed. A motion was made to appoint Claudia Crane to a 3 year term to the Conservation Commission. The motion was seconded and unanimously approved.
7. Mail was reviewed which included:
a. A list provided by the Town Clerk of those persons that still have not been sworn in for their appointed/reappointed positions. M. Noe informed the Board that she has confirmed with Town Counsel that if a person is being reappointed to a position and they have served continuously in that position they do not need to be re-sworn in unless there was a break in service. M. Noe will inform the Town Clerk and update the list to people that are newly appointed that have yet to be sworn in and the letter sent will be revised.
b. An email was received from Cliff Weiss requesting that the $15 replacement sticker fee be waived as he has purchased a new car. Discussion ensued and it was agreed that since other residents have paid the $15 for a replacement sticker for new vehicles purchased the policy would remain for this year. In FY17, the Board will create a new policy that if you traded in your car and purchased a new one you will get the sticker for free as long as you return the old sticker or bring a copy of your plate return receipt.
8. Kenn met with the new Treasurer and Accountant on Saturday and they have reported that the software we are using was not currently being utilized to its full potential by previous Treasurers and to fix this issue is going to require extra time. Paul and Sue have suggested hiring a consultant that can make all these fixes within a month for approximately $1,500, Paul and Sue could do it but estimate that it would take them approximately 5 months. The Board unanimously supported the option of using the consultant.
9. Kenn updated the other members on a situation that occurred over the weekend involving an off duty officer.
10. The Bally Gally lease will be coming up for renewal. Discussion ensued about whether or not the rent should be raised from the $1,000 it has been for many years. Steve felt that the most ideal thing would be to sell the property and stated that he has had Edith Wilson’s will reviewed and he feels there may be an option to sell and split the proceeds with the Taconic Foundation and use the money to run the community center once it’s open. The Board gave Steve permission to draft a letter to be sent to the Taconic Foundation after reviewed by all members. In the meantime Steve suggested that the rent be raised to $1,250/mo to cover increased maintenance of the property. Discussion ensued. Kenn countered with $1,150. Steve agreed with the $1,150 rate.
Scott did not agree with raising the rent and voted against the increase.
11. At Scott’s request M. Noe prepared a very preliminary FY17 budget with moderate increases so the Board can begin budget discussions and the potential for an override.
12. Kenn provided an update on the New Marlboro Rd Bridge and RT 23 culvert.
13. Steve reported that Hume and the cell tower company are still in negotiations.
14. Administrative Assistant’s weekly report was reviewed. Vacation request was approved.
15. The Board signed the Electric Service Agreement with Hampshire Power.
16. Steve reported that the credit card system has been put on hold to allow the new Treasurer to get up to speed prior to having to provide information to the govpaynet for setup.
17. Members of the Friends of Lake Garfield have requested to come in to next week’s meeting to meet with the Board to begin discussions about establishing a tax district for Lake Garfield. Kenn was concerned that they are putting the cart before the horse and that other parties may need to be involved and/or more information may be needed. It was agreed that nothing should be rushed into and they will hear what the FLG has to present.
18. Police Chief’s weekly report was reviewed.
19. 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
Select Board Members
Minutes Book
Town Clerk
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