Select Board Meeting Minutes 05/13/25
Select Board meeting minutes
Date: 05/13/25
Location: Town Hall and remote
Select Board members present: Susan Cooper, Frank Abbott
Select Board member present remotely: Justin Makuc (Chair)
Others present: Roger MacDonald (Town Administrator), Mickey Jervas, Brian Fahey (Police Chief), Dennis Lynch, Peter Murkett, Roz Halberstadter, Kyle Haver
Others present remotely: Elizabeth Marino, Geoff Barlow, Gale Hagele, Steven Barlow, Nancy Logan Anderson
The meeting was called to order at 6:00pm.
Board organization: elect a Chair
A motion was made, seconded, and carried by a vote of 2-0 (Justin abstained) to continue Justin as Chair of the Board.
Discuss noise concerns re: Camp Kimama-Halfmoon
Justin explained the context of the situation, and the Select Board’s previous attempt to propose a General Unreasonable Noise Bylaw, which failed quickly at Town Meeting after months of development and editing. Justin introduced the possibility of a General Bylaw aimed at restricting unreasonable noise only for commercial operations, which may be more palatable to Town Meeting voters.
Neighbors of the Camp (including Nancy Logan Anderson, Geoff Barlow, Kyle Haver, Kyle Pierce) expressed the difficulties that they and their families have faced during the past few years since the ownership of the Camp changed. Neighbors say that excessive noise is an issue during the day and at night. Neighbors have tried to resolve the issues by approaching the Camp directly, with no success. Neighbors say that the noise interferes with remote work during the day and continues regularly until 10:00pm, later than the 9:00pm time when the Camp says they will be quiet.
Kyle Haver spoke in favor of a defined decibel level threshold in a Bylaw, as well as a noise restriction specifically aimed at Short Term Rentals. Kyle presented a document for the Board to consider.
The Camp held a Zoom meeting with its neighbors recently and apparently asked the neighbors to not call the police over issues such as noise, but neighbors feel that issues are not resolved when the camp is approached directly.
A brief survey of area Towns indicates that Great Barrington has a General Noise Bylaw and New Marlborough has a Noise Bylaw aimed specifically at Short Term Rentals.
Neighbors of the Camp also raised issues about campers and boat safety. Susan noted that the Police Chief is hoping to procure a boat in the future and take a more active role as the harbormaster, including on Lake Buel.
The neighbors of the Camp and the Police Chief discussed when it is appropriate to call the Police. Some neighbors have avoided calling the Police, in favor of trying to resolve issues directly with the Camp. The Police Chief encouraged neighbors to call the Police so that there is a record of the noise and the Police can hear it for themselves. The Police Department owns a decibel meter and can take noise readings this summer. Brian explained to residents that they can call during the day if the noise is egregious, and that, after 10:00pm there is a State Statute regarding “disturbing the peace.” Although the Statute is somewhat vague, the Police can enforce it. The Police Chief is going to meet with Camp leadership and discuss these issues.
The Board will explore a Noise Bylaw that is palatable for Town Meeting voters, likely containing a decibel threshold, and possibly aimed at commercial operations and/or short term rentals, rather than all private residences. The earliest this would be considered would be at the November Special Town Meeting.
Susan suggested that the residents also promote the importance of peace within the community, possibly by writing to the Monterey News.
Sign letter to the Legislature re: extending Jen Brown’s police officer career
The Select Board signed a letter petitioning the State Legislature to extend Officer Brown’s career beyond the normal age limit, as was approved in the Annual Town Meeting vote.
Discuss speeding concerns on Hupi Road; speed limits throughout Town
Roger updated the Board: There was a significant car collision a few weeks ago on Hupi Road, which resulted in damage to a telephone pole and a roadside bank, with the car ending upside down. This collision sparked extensive public discussion on the “Google Group” about speeding and safety. Roger spoke with the Police Chief and installed 25 mph speed limit signs on Hupi Road to try to reduce speeding on Hupi Road. Members of the public expressed concerns about these speed limit signs because of the lack of process prior to their placement.
Roger researched speed limits and learned that in Massachusetts any paved or unpaved road that is not posted, or otherwise specifically designated, has a default speed limit of 40mph. Special Speed regulations can enact different speed limits and in Monterey have been used for roads including Main Road, Pixley, Tyringham, River, Sandisfield, etc.
The Town has a few options regarding roads like Hupi Road, where a 40mph speed limit is the current legal limit, and also not appropriate:
- Mass. General Law Chapter 90 Section17c can be adopted to change non-posted non-regulated roads in “thickly settled” areas of Town to default 25mph speed limit.
- The Town can request MassDOT to change the speed limit, which requires an engineering study, and may not result in the requested speed limit.
- The Town can leave unposted roads at a default 40mph speed limit.
- Yellow signs can be posted by the Town without special regulation, as they are suggestions and warnings, rather than limits.
BRPC suggested that the Town address the speed issue on a street-by-street basis, rather than adopting Chapter 90 Section 17c.
The Police Chief noted that the Police can charge operators with speeding “above reasonable and proper speed,” even if the exact speed is not known, as was done with the car that crashed and ended up upside down on Hupi Road.
This topic will be taken up at a future meeting to decide how to move forward.
Police Chief contract renewal
Justin proposed a three-year contract renewal with the Police Chief, mostly the same as the last, unless there are desired changes from other Board members or the Police Chief. There were no changes proposed by other members of the Board. Justin will meet with Brian in the next couple of weeks to negotiate the contract renewal before bringing it back to the Board for final approval and signature.
Unanticipated business: police cruiser purchase
Peter Murkett (Chair of the Renewable Energy Working Group) reached out to see if the next cruiser could be an electric vehicle. The Police Chief explained that the original quote and budget (approximately $69,000) were for a 4-wheel drive Ford F-150 with a gas-powered eco-boost engine. The Police Chief is proposing a 4-wheel drive pick-up truck for difficult road conditions due to weather and terrain, for towing capabilities (to tow the proposed boat for harbormaster duties), and for Animal Control Officer duties. Since Peter’s question, the Police Chief got a quote for a regenerative hybrid of the same F-150, which costs $1,000 more. This difference could be covered by the Police operating budget. The hybrid version gets 1-2 more miles per gallon, but may see even better advantages while idling, such as when the vehicle is used for speed patrol.
The Police Chief is open to purchasing an electric vehicle in the future, but it does not make sense for this particular vehicle, which was already budgeted for and planned for to be a truck. Additionally, there is not currently an electric vehicle charger at Town Hall. This vehicle should be purchased in a timely manner because the fleet is currently down a vehicle as 1260 has a broken engine. An electric vehicle will be considered when the next Police Cruiser (1261) is to be replaced in two-three years. For now, the Police Chief will consider making the F-150 purchase a regenerative hybrid if that works.
Award of Community Center grant for pavilion construction
Roger suggested that the Board postpone this item as the State requested it not be talked about until public award event.
Unanticipated business: ADA walkway
Dennis Lynch suggested that the Town consider applying for an ADA grant to construct the ADA compliant walkway, which is part of the pavilion construction project. The application is due June 13th and there is no local match. The Board agreed that Dennis should write the grant. Roger proposed, and the Board agreed, to include an accessible ramp for Town Hall as part of the grant.
Conservation Commission appointment: Nicolas Pacella
A motion was made, seconded, and carried unanimously to appoint Nicolas Pacella to the Conservation Commission for a term of three years, through June 30, 2028.
Sign Notice of Intent for Sandisfield Road culvert project
The Board signed a one-year extension for the Notice of Intent for the Sandisfield Road culvert project.
Sign Historical Commission contract for Historic District consultant
Town Counsel reviewed the contract and suggested a minor edit. Justin will sign the contract after the meeting.
Sign letter to advance Green Communities designation: Berkshire Regional Planning Commission, Memorandum of Understanding
This item was postponed to a future meeting, as the draft was not ready for the meeting.
Accept Tree Warden donations; discuss donation fund for Tree Warden
Roger updated the Board about a recent development: the Tree Warden was ordering trees in bulk for the Town roadsides and Town properties, and asked if private citizens could get trees at the lower bulk price. Roger found a Tree Warden gifts account with $350 in it, and had private citizens donate to the fund, before using the donated money to pay for the trees that were ordered. Justin had reservations about the accounting that was done, and suggested setting up a revolving fund if this a service that the Town wants to offer in the future. Mickey Jervas suggested that this may be a useful program given the Ash trees that are dying. Frank noted that he thinks a lot of people benefited from this tree ordering event. The takeaway is that if this program is to happen again, a revolving fund or other appropriate accounting mechanism will need to be set up and approved in advance. Roger will follow up with the Tree Warden to determine if this was successful and if there is interest in repeating the program.
Approve Fire Company capital improvement reimbursements
Frank met with Chris Tryon about the budget, and reiterated the Fire Company’s commitment to fund any part of the projects that exceeds the Town-authorized budget. A motion was made and carried 2-0 (Justin abstained) to approve the Fire Company capital improvement projects. Frank requested that Roger keep track of the Fire Company capital expenses in a spreadsheet.
Review personnel policies rewrite: part 4 of 6
This item was postponed to a future meeting. Mickey Jervas requested that Department Heads have the opportunity to review policies before they are finalized, as was discussed at a previous meeting.
Town Administrator updates
Roger had no updates for this meeting.
Unanticipated business
Frank updated the Board that he spoke with Representative Leigh Davis at an event recently. They discussed priorities for the region, including emergency services and the dispatch system in particular. Frank is working with Leigh Davis to schedule a time for her to visit Monterey and have a public meeting.
Frank wants to schedule meetings to discuss the details of compensation and benefits for the Fire Department employees. Frank wants to do a financial analysis of the Fire Station so that the Town can prepare for possible partnerships starting July 1. Frank wants to collect and review data on operations and financials for the Fire Department, on a monthly basis, so that the system can be adjusted as necessary.
Justin updated the Board regarding the grant opportunity for a Lake Buel boat ramp monitor. It is a $6,000 lump sum that can be used to hire and pay a monitor. The Board agreed to move forward with this grant.
Minutes
There were no minutes prepared to be approved at this meeting.
The next meeting of the Board is scheduled for June 3rd. Roger will prepare end of year transfers as necessary.
A motion to adjourn the meeting was made, seconded, and carried by a unanimous vote. Meeting adjourned at 7:55pm.
Documents used at the meeting:
- Kyle Haver document re:Camp Noise
- Signed Historical Commission contract for Historic District consultant
- Signed Notice of Intent for Sandisfield Road culvert project
- Fire Company capital improvement project list
- Signed letter to the Legislature re:extending Jen Brown’s police officer career
Minutes drafted by: Justin Makuc
Minutes approved by: Select Board