Select Board Meeting Minutes 12/16/25
Select Board meeting minutes
Date: 12/16/2025
Location: Town Hall and remote
Select Board members present: Justin Makuc (Chair), Susan Cooper, Frank Abbott
Others present: Roger MacDonald (Town Administrator), Amanda Leavenworth (Town Clerk), Nick Pitel (Berkshire Natural Resources Council), Peter Murkett (Renewable Energy Working Group), Michael Germain (Lake Garfield Committee)
The meeting was called to order at 6:00pm.
Conservation Restriction: Berkshire Natural Resources Council / Fern Mountain Farm Nominee Realty Trust
Nick Pitel of the Berkshire Natural Resources Council (BNRC) presented a proposed conservation restriction for approximately 157 acres of the Fern Mountain Farm property owned by the Nominee Realty Trust. Mr. Patel explained that the conservation restriction would run with the deed in perpetuity, protecting the property from further development while allowing limited forestry, agricultural uses, recreation, and safety-related tree removal pursuant to an approved forest management plan. Approximately 12 acres containing the existing house and driveway would be excluded from the restriction.
Board members asked clarifying questions regarding forestry provisions, monitoring responsibilities, and tax implications. Mr. Pitel explained that BNRC would be responsible for annual monitoring and enforcement of the restriction and noted that the property is currently enrolled in Chapter 61, with eligibility for Chapter 61B remaining the responsibility of the landowner.
A motion was made, seconded, and unanimously carried to approve the conservation restriction for approximately 157 acres of the Fern Mountain Farm Nominee Realty Trust.
Discharge for Community Development Grant Monies / $25,686.00
The Board discussed the discharge of a Community Development Block Grant (CDBG) mortgage associated with a property on 30 Mountain Laurel Way following its sale. Roger explained that the discharge resulted in a repayment to the Town in the amount of $25,686.00, representing the remaining balance owed under the CDBG agreement. The Board acknowledged the discharge and acceptance of the funds, Chair Justin Makuc signed the document, Town Clerk Amanda Leavenworth notarized.
Sandisfield Road Culvert Project Contract Amendment
Town Administrator Roger MacDonald reviewed a proposed amendment to the existing contract with Comprehensive Environmental Inc. (CEI). The amendment would allow the use of approximately $30,000 in previously unallocated project funds to cover construction oversight and related services that were not included in the original contract. Board members discussed the scope, duration, and cost of the additional services, including consultant oversight during the anticipated two- to three-month construction period. After discussion, the Board agreed to proceed with the contract amendment and authorized the Chair to sign the amended agreement.
Special Town Meeting Warrant
The Board discussed the need to schedule a Special Town Meeting to address proposed bylaw revisions, the establishment of an Affordable Housing Trust, and other warrant articles requiring voter action. Justin noted several scheduling conflicts, including local Knox Trail anniversary related events and individual Board member commitments, and emphasized the importance of selecting a date that would maximize public participation while allowing adequate time for public review of warrant materials. Board members discussed the challenges of holding meetings during weekday evenings versus weekends and reflected on past practices adopted during COVID.
After considering multiple options, the Board reached consensus to schedule the Special Town Meeting for Saturday, January 31, 2026, at 9:30 AM. The Board agreed that a morning meeting would be preferable to minimize conflicts and allow the meeting to conclude early in the day.
The Board further discussed warrant preparation logistics, including timing for finalizing articles, coordination with the Town Clerk and Moderator, and methods for distributing supporting materials to voters. While acknowledging the substantial length of the proposed bylaw revisions, the Board expressed concern that mailing full bylaw texts with the warrant could be unwieldy and costly. Instead, the Board agreed that, following warrant signing, the Town Administrator would post the full warrant and all supporting documents on the Town’s website, provide direct links via a townwide email notice, and ensure printed copies are made available at Town Hall, the library, and at the Special Town Meeting. The Board emphasized the importance of clear public communication and transparency to allow voters adequate opportunity to review materials in advance.
The Board also discussed the Special Town Meeting warrant that would propose establishing an Affordable Housing Trust and reviewed guidance received from Town Counsel regarding the appropriate legal mechanism. Justin and Roger explained that while Massachusetts General Law allows for the creation of an Affordable Housing Trust either through acceptance of the statute as written or through adoption of a local bylaw, the draft trust language under consideration includes provisions that differ from the statute. Specifically, the proposed trust does not include all statutory powers enumerated in the law and includes customized provisions intended to better align with the Town’s needs.
As a result, Town Counsel advised that the Affordable Housing Trust must be established through a bylaw adopted by Town Meeting, rather than through a simple declaration of trust. The Board discussed the implications of this approach and confirmed that establishing the trust via bylaw would still preserve the intended financial flexibility, including the ability of the Trust to accept funds, acquire or dispose of property, and operate independently without requiring annual Town Meeting approval for each expenditure.
Board members emphasized the importance of involving the Housing Committee in reviewing the legal structure and determining whether to proceed with the customized bylaw approach or to consider adopting the statute as written. The Board agreed that the Housing Committee should be given the opportunity to weigh in prior to finalizing the warrant article and noted that additional discussion with Town Counsel may be necessary. The Board expressed a desire to ensure that the final structure is both legally sound and aligned with the long-term goals of the Town’s housing initiatives. Roger stated that there will be a Housing Committee meeting the following day, 12/18/25, and that he would contact Town Council Donna Brewer to attend remotely to answer any questions from the Housing Committee.
Renewable Energy Working Group Update
Peter Murkett provided a detailed update on the activities of the Renewable Energy Working Group related to the proposed solar project at the closed Monterey landfill and potential coordination with a larger solar installation on adjacent Gould Farm property. Peter reported that the Working Group currently has approximately $1,600 remaining from ARPA funds and no additional funding available following the expiration of a prior Massachusetts Department of Energy Resources (DOER) grant. Peter noted that the Renewable Energy Working Group has existed for several years and that much of its prior funding has been used for consultant services to advance feasibility, permitting, and developer outreach.
Peter discussed recent meetings involving the Renewable Energy Working Group, the Town’s consultant Beacon Integrated Solutions, Gould Farm representatives, and the developer HESP, who responded to the Town’s RFP for the landfill project. Peter expressed concern about the developer’s level of engagement and experience, particularly with municipal solar projects, agrivoltaics, and National Grid interconnection requirements in Massachusetts. Peter explained that National Grid has imposed significant constraints because of the local substation, requiring real-time curtailment systems that limit the amount of power that can be delivered to the grid, adding complexity, cost, and uncertainty to the project.
Peter reported that Gould Farm has undertaken substantial land regrading associated with its gravel operations, creating new potential opportunities for a solar installation that could be combined conceptually with the Town’s landfill project. Peter explained that a larger, coordinated project could be more attractive to developers, offer potential tax revenue benefits to the Town, and align with State preferences for agrivoltaics and mixed-use solar installations. However, Peter acknowledged that the Town lacks authority to issue an RFP on behalf of Gould Farm and that any coordinated effort would require separate but parallel development paths.
The Board discussed a provision in the Town’s existing agreement with HESP that requires the developer to cover up to $15,000 in Town administrative, legal, and consultant costs. Peter explained that access to those funds depends on the continued viability of the contract and that withdrawing from the agreement could eliminate that funding source. Board members discussed the risks and benefits of continuing with the current developer versus rebidding the project to attract firms with greater experience in Massachusetts.
The Board further discussed timing considerations, including the expiration of certain federal solar incentives in mid-2026, which could affect project feasibility and developer interest. Justin noted that while the deadline for placing funding articles on the January Special Town Meeting warrant had passed, funding could potentially be considered at Annual Town Meeting. Board members emphasized the importance of receiving cost estimates as soon as possible to allow for informed budget planning.
The Board requested that the Renewable Energy Working Group continue to meet, further assess developer options, and provide updated information as it becomes available, particularly regarding funding needs, developer commitments, and consultant cost estimates. The Board expressed appreciation for the Renewable Energy Working Group’s continued efforts and acknowledged the complexity and evolving nature of the project.
Lombardo Park Committee appointment: John Halbreich
Frank reported on the initial Lombardo Park Committee meeting, including early planning efforts, coordination with consultants, and identification of key issues such as easements, environmental considerations, and site use. The Board further discussed appointing John Halbreich to the Lombardo Park Committee for a term ending June 30, 2028.
A motion was made, seconded, and unanimously carried to approve to appoint John Halbreich to the Lombardo Park Committee for a term ending June 30, 2028.
Highway administrative staff
The Board discussed administrative staffing needs within the Highway Department. Roger provided background on the current administrative support arrangement and explained that the Highway Department has been able to use the administrative staff throughout the year on Chapter 90 projects, and other Highway Department tasks while the previous Highway Superintendent was out due to injury. Roger noted that continuing to provide administrative assistance with the new Highway Superintendent would help with his learning. Justin suggested that in the near future with respect to helping with grants the person could submit a grant writing request from.
The Board clarified that the current administrative position is temporary in nature and was implemented to address immediate operational needs in the absence of a Highway Superintendent. Board members discussed that maintaining the position on a temporary basis allows the Town to evaluate workload demands, effectiveness, and long-term necessity prior to considering any permanent staffing changes. The Board emphasized that no commitment has been made to convert the position to a permanent role and that any future staffing decisions would be reviewed through the regular budget process. The Board stated that the temporary employment position is officially over since a new Highway Superintendent has been hired, but the person who has been holding that position may submit a form to work as a grant writer for the Town for Highway Department related grants in the meanwhile.
The Board also discussed a request from Highway Superintendent Alan Havill regarding proposed pay increases for two Highway Department employees. Board members acknowledged the request and discussed it in the context of employee retention, workload, and equity within the department, as well as overall budget considerations. The Board did not take formal action on the request at this time and indicated that any potential adjustments would be reviewed further as part of the upcoming budget process and broader personnel evaluations.
Update on Lake Garfield drawdown Notice of Intent
The Board received an update from Mike Germain on the Lake Garfield drawdown and the planned submission of a new Notice of Intent (NOI) seeking approval for a six-foot drawdown beginning November 1, 2026. Mike reported that the necessary documentation would be prepared for submission by Hillary Kenyon of Applied Watershed Sciences LLC in February and that preliminary feedback from Massachusetts Department of Environmental Protection (MassDEP) staff indicated no anticipated regulatory obstacles. Roger provided an update on lake level monitoring and coordination with Highway Department staff.
School Committee Superintendent search committee, and budget letter
The Board discussed matters related to the School Committee, including the Superintendent search process and the annual school budget letter. Board members acknowledged the ongoing Superintendent search and the role of the School Committee and Monterey School Committee representative in managing the process, including the formation and work of a Superintendent Search Committee. The Board discussed the importance of public input during the process, but also the School Committee’s ultimate authority in the matter.
The Board also discussed the budget letter prepared by other member towns of the Southern Berkshire Regional School District. This letter was presented to the Town in hopes of the Town signing onto the letter. The letter laid out hopes for roles in outlining priorities, anticipated needs, and fiscal considerations for the upcoming budget cycle as well as engaging in transparent processes while searching for a new school superintendent. Board members agreed that while transparency and process are important in the budget process, the Town will not sign on to the letter because the better way to start the conversation with the new administration is with friendly discussion, rather than a provoking letter.
Town Administrator evaluation
It was noted by the Board that not all the Select Board Town Administrator evaluations made it to Town Counsel in time, so the Board set the evaluation for the next Select Board meeting on Tuesday 12/23/25.
Employee Handbook policies
The Board reviewed no policies.
Town Administrator updates
Treasurer Contract
The Board discussed the Town Treasurer’s (Mass Munifin) contract. It was noted that the contract was an extension of the previous fiscal year contract but did also not include some items Justin and Roger discussed previously with the Town Treasurer. This item will be taken up at the next meeting, when it can be properly posted on the meeting notice.
Local Cultural Council
The Board discussed appointments to the Local Cultural Council. Roger reported that he had been informed by Chair Maggie Barkin of the Local Cultural Council that two members had resigned and sought clarification on the appointment process. The Board confirmed that Local Cultural Council members are appointed by the Select Board, and noted that resignations must be submitted in writing and accepted by the Town Clerk before taking effect. The Town Administrator indicated he would follow up to confirm the status of any resignations. The Board briefly discussed Council membership levels and continuity.
Unanticipated Business
EMS Task Force
Board member Susan Cooper brought forward an email received from the EMS Task Force for discussion. The email updates the EMS Task Force on the Southern Berkshire EMS (SBEMS) Partners project and asks each member to respond. It recaps a recent 3-hour meeting where participants narrowed next steps to modeling two possible regional EMS solutions: (1) expanding SBAS to provide 24/7 EMS at all levels across the region, eliminating the need for towns to fund EMS locally; and (2) creating a regional EMS District, which would replace both local EMS and SBAS. The email also offers help from the Collins Center team to brief a Select Board, and notes that if no meeting is requested, the team will assume the Select Board is already kept up to date. Finally, it reminds members they agreed to remain engaged and says some have not been, to stay included, they must respond. Susan noted that the email raised questions regarding the status, direction, and expectations of the EMS Task Force’s work. During discussion it was decided to respond to the email specific to expanding SBAS to provide 24/7 EMS at all levels across the region, eliminating the need for towns to fund EMS locally. Justin recused himself from the discussion due a financial conflict of interest of an immediate family member.
Paid Family Medical Leave
Roger brought up that he had been approached by a few employees about Paid Family Medical Leave. Roger stated he would find out more about how the process works relative to Massachusetts municipalities.
Select Board Member Disclosure
Justin addressed a matter he wished to raise proactively with the Board. Justin reminded the Board that he was in the process of starting a new job which would, at some point, involve moving to a neighboring town. Justin noted that while no decision had been made and no change in residency had occurred, he wanted to acknowledge that residents might have questions or concerns regarding his eligibility to continue serving on the Select Board should his residency change in the future. Justin noted that he has been in conversation with Town Counsel on the matter and Justin emphasized that transparency was important and that he would remain attentive to residency requirements under Massachusetts law. Justin stated that if circumstances were to change in a way that affected his eligibility, he would address the matter openly and appropriately. Board members acknowledged the comments.
Approve minutes of 11/25/25
The Select Board reviewed the November 25, 2025, meeting minutes.
A motion was made, seconded, and unanimously carried to accept the minutes of the November 25, 2025, Select Board minutes as amended.
Comments & questions from the public
None
Adjournment
A motion to adjourn the meeting was made, seconded, and carried by a unanimous vote. Meeting adjourned at 8:11pm.
Documents used at the meeting:
- Conservation Restriction: Berkshire Natural Resources Council / Fern Mountain Farm Nominee Realty Trust Document
- Discharge for Community Development Grant Monies Document
- Sandisfield Road Culvert Project Contract Amendment
Minutes drafted by: Roger MacDonald
Minutes approved by: Select Board