Monterey Select Board
Minutes of the meeting of 2/4/15
Meeting Opened at: 4pm
Select Board Members Present: Wayne Burkhart, Chairperson, Scott Jenssen and Kenn Basler
Also in attendance for parts of the meeting: Maggie Leonard, Ray Tryon, Susan Gallant, Mike Johnson, Attorney Sasha Kopf, Roy Carwile, Scott Wodecki, Scott Amstead, Peter Chait, Ruth Champigny, Norma Champigny, Dan Moriarity, Robert Lazzarini, Muriel Lazzarini, Stanley Ross, Adam Chait, Chris Tryon, Steve Weisz, Mickey Jervas, Gareth Backhaus, Don Hopkins, Adam Gonska, Ray Tryon, Mark Amstead, Julio Rodriguez, Dustin Collins, Jack Elliott, Ms. Martin, Don Amstead, Shawn Tryon, Linda Thorpe, Roger Tryon and Emily Johnson
Miscellaneous Select Board Items Reviewed:
1. The Board met with Maggie Leonard of the Planning Board to discuss the appointment of Scott Jenssen to fill one of the vacancies on the Board. She stated that it has become more complicated and that they will actually need one more appointee to fill a vacancy for the Feb 12th meeting to have a quorum. Kenn volunteered to fill the other vacancy.
2. A motion was made to declare a snow emergency which was seconded and unanimously approved.
3. Wayne informed those present that some of the issues that may come up tonight will have to be handled delicately and the Board may be constrained with what they can do, how they can do it and when they can do it to protect everyone involved. He also noted that the Board may not have time for public comment. He stated that they will hear the statements of Sergeant Johnson but may choose not to further discuss any of the items tonight due to the constraints the Board has with the Open Meeting Law and executive session laws. The Chief read a letter from the Police Department (attached) as an opening statement. Sergeant Johnson next read a statement (attached). Scott responded that the Board has never not been in support of the Police Department and that will not stop. He explained
that the Board was asked to look into some allegations that have been made which led to Town Counsel performing interviews with several members of the Police Department. The Board was/is planning on using tonight’s meeting to discuss which parties needed to be spoken with in an executive session (unless the parties to be spoken with decide to have an open session). It was agreed that the Berkshire Record article last week may have inflamed the situation and the Board also noted that the Record reporter never attended any Select Board meetings nor did they receive any comments directly from the Board. Scott explained that with the constraints of the Open Meeting Law it is very difficult to deal with personnel issues that arise or complaints that are made. Kenn added that tonight’s meeting has reinforced the need to have an ongoing meeting/process with the Police Department to deal with the issues and concerns that are brought to the Board’s
attention with regards to the Police Department so that the may be dealt with properly and effectively and in a timely manner. Wayne reaffirmed that there are still conversations that need to be had with the Chief and Town Counsel. The Board stated that they appreciated everyone’s presence and concern tonight but felt that it would not be appropriate to allow public comment.
4. The Board reviewed the special town meeting warrant and signed them in the Clerk’s presence. As for the purchase of the truck for the highway Stan Ross of the Finance Committee recommended that we should borrow instead of using stabilization. There was discussion about the appropriateness of asking for another highway truck at a special town meeting when it should be dealt with at the annual. The Board explained that it has been expressed to them that there is an urgency for this truck and it would help to have it approved now so it can be ordered and we wouldn’t have to wait as long as we have for the one approved in May.
5. The Board discussed the recent issue that came up with one officer not receiving the proper holiday pay and the process in which the situation was handled. It was agreed that in the future these types of complaints should be directed to the Chief.
6. The Board discussed the recent meeting posting issues that have arisen and the suggestion that has been made to the Board to contact the AG’s office and designate our website as the designated alternate posting method and that the Administrative Assistant is responsible for this. Per the AG’s office doing so would not take any authority from the Town Clerk’s office it would simply make it easier for anyone that needs to post a meeting when the Clerk is unavailable due to her part time status or if she were to be away for several consecutive days. The Board agreed that this may be beneficial to the town however felt that this issue should be taken up at a later date.
7. Also discussed was a list sent to the Board of committee/board members that still have not been sworn in. The Board has been made aware (from 2013 and 2007 emails from Counsel) that only town “officers” are to be sworn in and he takes this to mean the officers listed in G.L. c41, section 1. He also stated that most of our appointees do not need to be sworn in under section 15 and fall under the rubric of at-will employees hired by the Town unless there is a bargaining agreement.
8. The Board discussed the proposed FY16 budget and it was suggested that some extra meetings should be planned to deal specifically with the budget.
9. The Board is going to inform Shawn that he should be prepared to explain why the truck he is requesting is necessary.
10. The Chief returned to the meeting to further discuss preserving the integrity of the department. The Board members stated to the Chief that they didn’t feel that the current situation was instigated by Officer Gero as many have insinuated.
11. Mail was reviewed which included:
a. Final results of the January question of the month. 80.39% of the 51 people that responded would not support a redesign of the current transfer station while 19.61% would. The Board agreed that they may need to wait a year on this project giving the Board and Director of Operations more time to inform the public of why this is a necessary project.
b. The Board was made aware of a potential overtime issue. They have asked M. Noe to get more information from the Department of Labor, MMA and/or Town Counsel on the matter.
c. Letter from Aaron and Lynne Leavitt regarding Sergeant Johnson (attached).
12. Warrants were signed.
A motion was made and unanimously approved to adjourn the meeting at: 6pm
Submitted by:
Melissa Noe, Administrative Assistant
Approved by:
Monterey Select Board
Select Board Members
Minutes Book
Town Clerk
Audios of the meetings are available at town hall.
| 
