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Select Board Meeting Minutes 2/6/12
Monterey Select Board
Minutes of the meeting of 2/6/12

Meeting Opened at: 9am
Select Board Members Present: Wayne Burkhart, Chairperson and Scott Jenssen
Also in attendance for parts of the meeting:  Susan Bachelder, Stanley Ross, Finance Committee, Muriel & Robert Lazzarini and Jeremia Pollard, Town Counsel

Miscellaneous Select Board Items Reviewed:
1.  The minutes from 1.30.12 were approved as written.
2.  Susan Bachelder came in to discuss the Board’s letter that they will be writing to the school committee today regarding the proposed school closings.  She thanked Wayne for his comments at the recent school meeting last week.  She provided the Board with State Education Laws & Regs (603 CMR 41.00 §41.01 &41.02) with regards to reorganizing a district to assist them in any correspondence they send to the committee.
3.  Wayne summarized the recent school budget & buildings and grounds meetings he’s attended.  He stated that at one of the most recent meetings he clarified that the current Select Board is not in favor of holding the district to a level funded budget.
4.  Muriel and Robert Lazzarini came in to ask the Board how they feel about the proposed closing of the Monterey School and requested that they go on record with their opinion/findings and clarify the Board’s position.  They stated that there is an unconfirmed rumor floating around that there is a group that is going to propose closing only 2 of the outlying schools (Monterey and Egremont, the 2 smallest campuses) rather than all 3 of them.  Scott asked those present to explain why there is such a charge to maintain and keep these outlying schools open.  Muriel stated that one reason is because the district isn’t really prepared right noe to justify closing the buildings and because for the last 50 years we’ve operated this way and she feels those early years are the most important in the learning process.  She feels the small schools promote a sense of community with the students and parents.  She noted that recently wrote a longer explanation to support their view in the February Monterey News.  Stan added that each of the 5 towns in the district are very different and have something unique to offer the students in the schools in their town.  Bob stated he will bring in documents that were made available to him that assists schools in fixing/maintaining their buildings.  Scott did state that he wanted to state for the record that he is in favor of keeping the Monterey School and all the outlying schools open.
5.  The Board sent the following letter to the School Committee: “The present Monterey Select Board would like to clarify that we have not requested a level funded budget for FY13 of the school district to date.”
6.  Maynard came in to question why Town Counsel is scheduled on the agenda for Executive Session to discuss the collective bargaining with the employees when the discussions wouldn’t be centered on the negotiations only on the template of contracts.  Wayne stated that anyone that requests an Executive Session has that right and should be granted their request if applicable under the OML.  Maynard provided a sample to the Board of a contract for the Highway and Police Department and would like to know if it is legal and acceptable.  A separate sample was provided for the Inter-Departmental Secretary and it was noted that the Police Chief has a separate contract that is required under MGL for Police Chiefs.
7.  Mail was reviewed which included:
a.  A bill from BRPC for the assessment of Monterey for its portion of the costs of the Berkshire regional Planning District for FY13 which includes a Commission approved increase of 2 ½%.  Our proportion for July 1, 2012 – June 30, 2013 is $644.15, a copy was sent to the Treasurer.
8.  Inter-Departmental Secretary’s weekly report reviewed.
a.  Day off request was approved.
9.  Jeremia Pollard, Town Counsel came in to speak with the Board on a few matters.  Town Counsel requested an Executive Session to discuss 1 active piece of litigation, 1 potential litigation, collective bargaining & contract negotiations and the pending OML violation.  He stated for the record that the Board can only speak with Counsel in confidence if you go into Executive Session.  A 10:15am a motion was made to go into Executive Session to discuss potential litigation, pending litigation and the pending OML violation.  Roll call was taken, all were present.  The Board stated that they will return to an open session.  At 10:59am the Board returned to open session.

A motion was made and unanimously approved to adjourn the meeting at: 11am

Submitted by:
Melissa Noe, Inter-Departmental Secretary via audio recording
Approved by:
Monterey Select Board

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