Select Board Meeting Minutes 3/15/23
Meeting of the Select Board
Minutes of the meeting 3/15/23
Meeting Date: Wednesday March 15, 2023
Meeting Opened at 6:00pm
Select Board members present: Justin Makuc, Chair, Susan Cooper
Select Board members present remotely: Scott Jenssen
Also Present: Melissa Noe (Town Administrator), Laura Mensi, Frank Abbott.
Also Present Remotely: Tom Sawyer, David Eisenthal
Call to Order 6:00pm
Old Business
- Continue review of FY24 proposed budget
- Debt service financing options
Four borrowing scenarios were received from the Town’s financial advisor at Unibank, David Eisenthal. Justin noted that if the Town pays more principal earlier, then they will pay less interest over time. Susan asked why the Town appears to pay back only 1.244 million of the Library loan rather than the full 1.986 million borrowed. David explained that the 1.986 million included borrowing against the Mass Board of Library Commissioners grant, and the Town received two payments totaling approximately $370,000 each, which paid down the remainder. Justin clarified that the Town’s total responsibility was the 1.244 million, which David said was accurate. David discussed PSHLN, which are long-term instruments issued through the Mass Division of local services.
Justin and Susan noted a variety of irregularities in the various scenarios, including inconsistent assumptions of principal paydowns, and asked David if he could rework the scenarios to reflect our proposed early principal paydowns and to more evenly spread principal payments over the loan periods, and David said he would rework the debt service impact projection. David will continue to work on this and attend the next meeting. Justin we try to determine why the $51,000 was not properly allocated to the truck paydown.
- Contact planning board regarding zoning bylaws
Susan asked to Planning Board to clarify their plan for rectifying the Zoning Bylaw error concerning year-round camps. Tom Sawyer, Co-Chair of the Planning Board, asked if Susan could attend a Planning Board meeting to clarify what is needed after the Master Plan is completed in late April. Susan noted that she had done that back in September, including written explanation via email, yet the issue remains unresolved. Tom wants to make sure he does it correctly, and believes they are prepared to go forward correctly. Susan agreed to forward the correct text and instructions to the Planning Board. Susan further clarified that she was speaking of the original wording of the 2009 bylaw regarding “Camp and/or Recreational Facility, seasonal or year round,” which demonstrates the Town’s original intent regarding camps. The Table from the 2012 zoning revision is a separate issue. She was unable to find a warrant article indicating that the revision was passed at Town Meeting, so that would need to be rectified. Laura added they should be also correct the table notation for Camps. The need for further research on the other table entries was discussed. Justin raised the question of whether there are reliable records of postings. Laura and Susan agreed that the Town Clerk is charged with posting and could post the appropriate words from the 2009 meeting minutes. The Planning Board will proceed at their next meeting.
- Continue review of FY24 proposed budget
- Town hall repairs
There was no discussion on this item.
- Highway truck
Melissa asked if the Select Board was planning to add the highway truck back in as a loan since it is not currently in the budget.Justin feels that the highway truck is not urgent and purchase could be delayed. Melissa noted that there is a $200K highway truck due for replacement next year, and deferred the smaller truck will result in costs closer $300K. Justin would prefer not to borrow more this year, and we do not have the free cash to support this purchase. The current budget after spending on special articles shows $96,000 in free cash, without further money into Stabilization, with total Stabilization at approximately $607,000. He is concerned that if we wish to add to Stabilization we don’t have the free cash to purchase the truck and he would prefer not to borrow for it. Melissa raised her ongoing concern regarding large capital expenses next year.
Justin said that one option would be if it was determined that the truck was more necessary than the Police Cruiser; however, but the Board seems to have reached a decision on the Cruiser already.
Scott recommended that the Select Board look at the percentages from last year’s budget for the current FY and look at all the upcoming purchases that need to be considered for the FY24 budget year and discuss their findings. Scott said that getting a few debts out of the way this year may wind up working in favor of the town even though the percentage from last year may increase some. Justin asked Melissa how much the Town would be responsible for if we go through with phase three of the culvert project. Melissa said they are estimating $300,000 for fiscal year 2025. Melissa added that there would also be a $200,000 F550, $900,000 fire engine, $32,000 in defibrillators. Justin said they will continue to discuss this next week with consideration to the current and following year’s budgets.
- Revolving funds
Justin said they are restructuring the revolving funds because of the change of the Community Center Operating Expenses.Justin said that the proposal Melissa is working on divides the funds into a Community Center revolving fund and a Bally Gally revolving fund.Justin summarized the draft, which included separating out the Community Center revolving fund, where the funds are coming from, what they are being used for, and the maximum carryover balance.
- Draft unreasonable noise bylaw
Justin recommends that of the three standards frequently used for noise regulations, reasonable quiet, 150-foot source standard and decibel level, we use the reasonable quiet standard.Susan asked how easy this standard is to enforce.Justin remarked that if numerous towns are using it, it is at least legal, although we don’t know about enforcement.He prefers reasonable quiet because he doesn’t believe that the 150-foot standard really creates more accuracy, and the police will need to investigate and enforce with any rule.Susan agrees that the reasonable quiet seems like a good approach, and also thinks the progressive fine structure ($100, $200, $300) is sound.She is concerned about the 14-day calendar notice issue and notification of the abutters for permits, both in terms of timing and cost.Justin noted that other permits require abutter notice, but Susan pointed out, and Melissa confirmed, that for Conservation Commission Notice of Intent and for Board of Appeals hearings the applicant pays for the notification of abutters.For simple permits there is no notification.Justin thinks it is courteous to inform abutters but if it raises the fee perhaps we don’t include it.Susan agrees that it is courteous, and we need to inform abutters, especially if this is permitting for something other than a single day event, but we need to be clear about the process and charge for it.Justin noted that the models he used did not include notification of abutters, but perhaps we could keep 14 business days and delete the requirement for notification of abutters.Scott raised the question of how long the permit lasts.And Justin noted that the Board should consider reasonable limitations when granting permits.Susan asked if the town could revoke a permit due to regular violations.Justin replied that Town Counsel noted that we could if the Town had adopted Mass General Law Chapter 40 section 57.Susan noted that that section focuses on funds received by the tax collector and asked who would be collecting the money for the fines?Scott cautioned that a permit should never be the tool a business uses to get around a bylaw.Perhaps the permits should be quite specific and only issued on one-time basis for a particular event.Susan and Justin clarified that generators are exempted not prohibited.The Right to Farm bylaw probably prohibits our limitations on agricultural noise.
Justin will amend the document to reflect the changes discussed.
- Draft letter regarding private ways that negatively affect public ways and emergency response
Susan drafted a letter regarding private ways that negatively affect the public ways and emergency response teams, which the Select Board reviewed. Justin moved to approve the letter. Justin asked if this letter would go to all residents who live on private roads. Scott asked if it should just go out to all residents in town, and Melissa recommended if that course were taken then to send it out with the next tax bill. Justin suggested starting with the Monterey News and from there looking into how many homes there would be and the associated cost. Susan clarified that the Select Board would be asking the News to print the letter, stating that it was from the Select Board and to the residents of Monterey. Justin moved to post this letter in the Monterey News and research how many residents it would be sent to if it was sent to all residents on private ways. Susan seconded. Call a vote: Susan-yes, Scott-yes, Justin-yes.
New Business
- Discuss Town Administrator annual evaluation process; requested change.
Justin said there was a request to meet individually with each Select Board member, which Sophia is recommending. Justin reported that this is another legal way to conduct the evaluation. Justin moved to amend the process of the Town Administrator annual evaluation so that each member of the Select Board would conduct a personal review with the Town Administrator rather than just the HR Director. Susan seconded. Call a vote: Susan-yes, Scott-yes, Justin-yes.
- Town Administrator items:
- Sale of Ford tractor
Melissa asked if the Board was okay with putting the Ford tractor out to bid on Municibid. The Board was agreeable to selling it.
- Transfer Station contract renewal
Melissa reported that their one-year contract with Casella will end on June 30th, 2023, and they have the option to renew for 2 additional one-year periods. Prices may well increase, so Melissa is suggesting that the Select Board send a letter now saying that they would like to extend the contract for another year. Melissa said that if they do not send a letter now, then the budget may need to be adjusted. Susan moved to suggest that the Select Board approve a letter to reach out to Casella to inform them that they wish to renew the contract with them to ensure that they can proceed with that contract otherwise they will have to go out to bid. Justin seconded. Call a vote- Susan-yes, Scott-yes, Justin-yes.
Correspondence, minutes, public comment
- Review mail & correspondence
Justin reported that there was a letter thanking the Highway Department for their efforts in response to the recent massive snow storm to be signed. Melissa will also draft a letter thanking the Police Department.
- Approve minutes of 3/8/23
There are no minutes to review this week.
- Unanticipated business
State of Emergency
- Melissa was recommending this in the event the governor declared a state of emergency and released any funds if the Select Board wanted to declare a state of emergency for the storm on March 14, 2023 until it is over. Susan said she thought it would be a good idea, highlighting the snow amounts and the downed trees. Justin made a motion to declare that as of March 14, 2023 a state of emergency exists in the town of Monterey regarding snow storms, trees down, and power outages. This declaration of emergency shall remain in effect until further notice is given pursuant to our government for the conditions leading to this declaration.
Susan seconded.Call a vote- Susan-yes, Scott-yes, Justin-yes.
Susan provided an update on the Southern Berkshire Ambulance Service.She reported that they did not hold a meeting last night due to the weather, and she has not been informed of a new date.
- Comments & questions from the public
There were no comments or questions from the public.
Susan made a motion to adjourn the Select Board meeting. Justin seconded. Call a vote- Susan-yes, Scott-yes, Justin-yes. Meeting adjourned at 7:17pm.
Documents used at the meeting:
- Debt service forecast schedule
- Revolving fund table draft
- Draft letter of unreasonable noise bylaw
- Signed letter regarding private ways that negatively affect public ways and emergency response
- Letter thanking the Highway Department