Select Board Meeting Minutes 04/14/26

Select Board meeting minutes

Date: 04/14/2026

Location: Town Hall and remote

Select Board members present: Justin Makuc (Chair), Susan Cooper, Frank Abbott

Others present: Roger MacDonald (Town Administrator), Steve Pullen (Chair, Finance Committee), Jeff Zimmerman (Finance Committee), Roger Tryon (Finance Committee),

Rob Hoogs (Chair, Historical Commission)

The meeting was called to order at 5:32pm.

Joint meeting with Finance Committee to review and vote FY27 budget.

The Select Board and Finance Committee reviewed the FY27 operating budget and Annual Town Meeting warrant, focusing on the absence of the Southern Berkshire Regional School District budget. Members discussed guidance from counsel and the Department of Elementary and Secondary Education recommending that the warrant proceed without school figures, with a separate vote to occur once a finalized school budget is available. Considerable discussion addressed how to present the FY27 budget to voters given the absence of the Southern Berkshire Regional School District figures. Members reviewed several approaches to ensure clarity and transparency, including whether to leave the school lines blank, insert placeholder figures, or delay presentation entirely. Based on guidance from counsel and state officials, the Board agreed that no school figures should be included to avoid presenting incomplete or potentially misleading information. To provide context, members discussed showing last year’s total operating budget (including the school) alongside a revised “apples-to-apples” comparison that removes school costs from both FY26 and FY27, allowing voters to understand the true year-over-year change in the portion of the budget under local control.

Further discussion considered how Town Meeting itself might handle the situation, including the possibility that voters could choose to approve the non-school portion of the budget as presented, or alternatively vote to continue or reconvene the meeting once complete school figures are available. Members noted that while the Select Board and Finance Committee had held multiple meetings and worked through the majority of departmental line items in detail, the final vote still required weighing an incomplete financial picture. Several members said that the process had been thorough but challenging.

Members acknowledged the necessity of moving the process forward in order to meet statutory deadlines and ensure continuity of operations. It was emphasized that many individual budget lines had been carefully reviewed and generally supported, even by those expressing reservations about the budget. The Select Board voted 2–1 in favor of the operating budget, and the Finance Committee also voted 2–1 in favor. Roger Tryon voted no from the Finance Committee. Frank Abbott voted no from the Select Board. Frank disapproved of the lack of a restructured lease agreement with the Fire Company.

Annual Town Meeting Warrant

The Select Board and Finance Committee reviewed and voted on individual warrant articles involving appropriations from free cash, including additional debt payments, ambulance services, OPEB Trust funding, Lombardo Park planning, stabilization contributions, renewable energy initiatives, cemetery ground-penetrating radar, and Cultural Council support. All articles received unanimous or near-unanimous support, with noted recusals where applicable. The votes on all articles were recorded to the Annual Town Meeting Warrant which can be found on the Town’s website.

The Select Board and Finance Committee discussed the proposed transfer of $51,000 from free cash to the Town’s OPEB Trust Fund as part of an ongoing effort to address long-term unfunded retiree benefit liabilities. Members noted that while not required to be funded on a set schedule, consistent annual contributions are viewed as fiscally responsible and support long-term financial stability. The contribution was characterized as a balanced approach, allowing the Town to make incremental progress while preserving flexibility to address other priorities such as capital needs and stabilization reserves. Members agreed that maintaining a steady funding practice, when feasible, helps avoid larger future obligations and reflects sound financial planning.

Non-financial articles were discussed but not all were subject to formal votes at this time, with the understanding that warrant recommendations would primarily reflect areas of non-unanimous support or where additional clarity for voters was warranted.

Monterey Center National Register Nomination Phase 2 Contract

Rob Hoogs presented an update on the Monterey Center National Register nomination project and requested approval to proceed with the Phase 2 contract. Rob reported that Phase 1 of the project has been successfully completed by the Pioneer Valley Planning Commission, including extensive public outreach and a comprehensive update to the historic inventory of properties within the proposed district. This work resulted in a detailed compilation of approximately 62 pages of updated documentation, including photographs, maps, and property descriptions, which will serve as a foundational resource for the nomination process regardless of whether the project proceeds further. He emphasized that this initial phase provides significant standalone value to the Town by improving historical records and documentation.

Rob explained that the Historical Commission has voted to move forward with Phase 2, which involves preparation and submission of the formal nomination to the Massachusetts Historical Commission and, ultimately, the National Park Service. The proposed contract, not to exceed $8,000, falls within previously appropriated funds and is expected to keep the project under budget overall. Rob outlined that the process will likely take approximately two years, involving multiple rounds of review and revision. Rob also clarified that designation as a National Register Historic District is honorary in nature and does not impose additional regulatory restrictions on property owners, though it may provide access to certain grant opportunities and tax credits. The Board discussed these points and acknowledged both the benefits and common concerns associated with historic designation. The Board approved and signed the contract.

Special Municipal Employee (SME) Status for Emily Stockman

The Select Board considered a request to grant Special Municipal Employee (SME) status to Emily Stockman in connection with a Notice of Intent for an ecological restoration limited project involving pond dredging at Stevens Lake. The Town Administrator explained that this request is consistent with past practice, citing a 2018 example in which the Board granted SME status to Emily in her role as a conservation wetland consultant for a similar matter. It was noted that in these situations, the Conservation Commission may require an independent consultant review, with the applicant responsible for associated costs, and that Emily frequently serves in this capacity due to her expertise.

Members discussed the broader application of SME designations, including a prior Board action in December 2023 establishing a list of positions designated as Special Municipal Employees. It was clarified that the current request differs from that list, as it pertains to a specific consulting role rather than a standing board or committee position. The Board acknowledged that SME designations can be complex and have historically been applied both by position and on a case-by-case basis. Additional context was provided regarding the project, including concerns about environmental impacts associated with dredging, such as the disturbance of sediments potentially containing heavy metals.

The Select Board signed the letter granting Special Municipal Employee (SME) for Emily Stockman.

Town Administrator updates

Native Plants Group

Roger noted that the Native Plants Group would be meeting next week with himself, Alan Havill, Highway Superintendent, and Kevin West, Tree Warden, to discuss mowing along paved roads and additional No Mow pilot areas.

Unanticipated business

Select Board Composition

Susan Cooper initiated a conversation on the future Select Board composition following Frank Abbott’s anticipated departure and the potential implications for quorum and decision-making due to a potential future Select Board member having a spouse and other relatives on the Fire Department. Members expressed concern that, with a reduced number of active participants on certain matters, the Board could face situations where recusals, particularly related to Fire Department and EMS issues, would limit its ability to act. It was noted that these topics are expected to remain active and significant in the near term, raising practical concerns about how the Board would function if only one or two members were able to participate in deliberations and votes.

The conversation focused in part on conflicts of interest stemming from employment or family relationships connected to the Fire Department and the Southern Berkshire Ambulance Service. Members discussed how these relationships may require recusals under state ethics law, and the cumulative effect those recusals could have on Board operations. It was acknowledged that these are not hypothetical concerns but ongoing conditions that have already affected participation in recent discussions and decisions. Members emphasized the importance of maintaining public trust by adhering strictly to ethics requirements, while also recognizing the operational challenge this creates for a small board.

Justin Makuc acknowledged that ongoing conflicts of interest related to his and family member’s involvement with the Fire Department and immediate family employment in regional EMS have created a difficult and, at times, limiting situation for both himself and the Board. Justin explained that he has consulted with Town Counsel and the State Ethics Commission on multiple occasions and that, while he has reduced his direct involvement with the Fire Department, the existence of close family connections, particularly those involving compensation, continues to require recusals. Justin noted that these conflicts have had both potential and actual financial implications and that the increasing overlap between fire and EMS matters has made the situation more complex over time. Justin stated that he has considered various options, including resignation from the department, but that such actions would not resolve the issue under ethics rules, due to other immediate family connections of his father and mother-in-law. Justin expressed frustration that there is no clear workaround, recognized the burden this places on the remaining Board members and the Town, and indicated that the matter may need to be addressed on a case-by-case basis, potentially with guidance from Town Counsel.

The Board discussed the potential use of the “rule of necessity” in circumstances where the Board is required to act but lacks a sufficient number of eligible members due to conflicts. It was noted that this rule is generally applied only when no alternative decision-making body exists and action is required, and that its use should be guided by legal counsel. Members agreed that additional consultation with Town Counsel would be necessary to better understand when and how the rule could be appropriately applied, as well as to explore whether any other procedural options may be available.

Approve minutes of 03/17/26, 03/24/26, 03/31/26, 04/07/26

The Board reviewed and edited the minutes from the March 24, and March 31 Select Board meetings.

A motion was made, seconded, and unanimously carried to approve as reviewed and amended the March 24, 2026, Select Board minutes.

A motion was made, seconded, and unanimously carried to approve as reviewed and amended the March 31, 2026, Select Board minutes.

Comments & questions from the public

Members of the Finance Committee and public expressed appreciation for the Select Board’s work, professionalism, and collaboration. These comments highlighted the effectiveness of the group and specifically acknowledged the contributions of departing member Frank Abbott and the overall functioning of the Select Board.

Adjournment

A motion to adjourn the meeting was made, seconded, and carried by a unanimous vote. Meeting adjourned at 8:25pm.

Documents used at the meeting:

1. Signed National Registry Phase 2 Contract
2. Signed Letter granting Special Municipal Employee (SME) for Emily Stockman.

Minutes drafted by: Roger MacDonald

Minutes approved by: Select Board