Select Board Meeting Minutes 3/16/22

Minutes of the meeting of 3/16/22

Meeting Opened at: 6pm

Select Board Members Present: Steve Weisz, Chair, Justin Makuc

Select Board Members absent: John Weingold

Also present: Don Coburn, Ron Rothschild, Maureen Regan

Also present remotely: Richard Jaffe, Steve Aronson, Laura Mensi, Shawn Tryon, Valerie Bird, Terry Walker, Alice Berke

Steve recommended tabling the discussion to enter executive session to continue review and consider approval of Executive Session minutes as Mr. Weingold is not present.  Justin agreed.

Old Business:

1. Town Administrator Items: The Board granted Melissa permission to contact counsel to inquire about an educational session for the Records Access Officer as well as to ask some questions about various issues she is encountering.

New Business

1. Budget review
   1. Use of ARPA (American Rescue Plan Act) monies:  The Town Administrator has recommend removing the following special articles from the proposed warrant and using ARPA funds instead; cameras outside town hall, fire department replacement hose, electronic voting, any additional monies that may be needed for the Community Center lighting and milfoil remediation.  Justin agreed that these were legal expenditures of ARPA funds according to counsel, but thought that they were inappropriate expenses given the nature of the ARPA program. Justin thinks that the electronic voting would later become a recurring expense and shouldn’t be funded with ARPA funds.  Steve countered that anything that can assist the town with managing the increase in should be considered. This will offset any challenges the town faces in the coming years and Steve cannot think of a better use for the funds.  Counsel has opined that we can use the funds for any government services under the lost revenue exemption.  Steve reasoned that we are still bringing in the same amount of taxes however the town has to deal with twice the impact because more people have been living here full time to escape Covid. Steve sited the fact that the Transfer Station has been reporting roughly twice the amount of trash during the Covid years, as an example.  Justin agrees that we can legally justify using ARPA funds on regular government services based on the lost revenue exemption, but thought that the funds should not be used in that way for what are, more or less, operating expenses.  He suggests that more appropriate uses of the funds would be for broadband, outdoor spaces, etc.  Steve suggested continuing this conversation in a joint meeting with the Finance Committee.  Justin agreed.
   2. Lake Garfield milfoil remediation: The Lake Garfield Working Group met last night and still recommends the Board approve a $50k article on the warrant which they assert is a wholly separate item from any tax district discussions.  Justin would like to ask the Finance Committee to reconsider their decision to not include the monies on this year’s warrant and feels that the final decision is a decision for the Finance Committee.  Steve feels that $30k is warranted but is less enthusiastic about $50k.  Steve suggested that maybe ARPA monies could pay for the difference between the usual $30k request and the $50k request made this year. Ron Rothschild asked why, if the Select Board and Finance Committee typically do not recommend this item yet the town always approves it don’t we just add it as a regular line item instead of a special article.  Steve said he tried to do that several years ago but was not successful.  Steve explained that the philosophies about these funds and what they are being used for run the gamut.  Ron argued it is no different than road maintenance or snow plowing.  Substantively Justin supports using resources and funds for this case but feels that procedurally the Finance Committee holds the purse strings in the process of preparing a budget for Town Meeting. Maureen Regan wanted to say that the creation of a tax district may prove to be a tax burden for a lot of residents and she doesn’t feel it’s fair when camps are bringing busloads of visitors and non-residents are using the lake who don’t pay taxes here.  Justin thinks a tax district is a more sustainable solution moving forward. Maureen pointed out that if the town pays to maintain the beach and purchase kayak racks then why shouldn’t the town continue to pay for remediation of milfoil.
   3. Select Board Expenses: Justin said he added this item to the agenda prematurely and would like to investigate this further before he makes any suggestions to lower this.  Steve reminded Justin that in past years the Select Board has often used this line item to pay for requests from committees that do not have an expense line.
2. A motion was made to approve the edited minutes of the joint meeting with the Finance Committee on 3/9/22.  The motion was seconded and approved 2 – 0.  A motion was made to approve the edited minutes of the Select Board meeting on 3/9/22.  The motion was seconded and approved 2 – 0.
3. Justin proposed changes to the approved minutes of 2/23/22. Steve didn’t feel that a transcript was necessary but Justin wanted to make sure that the conversation was represented as best as it could be. A motion was made to make the proposed amendments to the previously approved minutes of 2/23/22.  The motion was seconded and approved 2 – 0.
4. A draft response to the Open Meeting Law Complaint filed by John Weingold dated 3/4/22 was read aloud and discussed. Justin agreed that he has willingly approved every set of minutes since being elected, except for the one meeting he was not present at. Steve suggested that instead of filing OML complaints, John could just have a discussion with the other members.  Justin felt that we had until next week to respond to this complaint, Steve was not willing to wait.  Steve said the statements made by Mr. Weingold are absurd and the Board needs to pushback.  Steve made a motion to sign and send the letter as drafted even if it only contains his signature. The motion was seconded and approved 2 – 0.
5. Justin announced that the Memorial Day Parade will be at 1pm on May 30^th, beginning at the corner of Main and Sandisfield Roads, and taking the normal route through the village and to the Fire Station.
6. The Board discussed adding a warrant article to create a Lake Garfield Tax District.  Steve recused himself after conferring with his own counsel as it has a direct impact on him financially and he will not be discussing or voting on this agenda item.  Justin received an opinion from the state ethics commission that because the Lake Garfield tax district is a matter of general policy which affects a substantial portion of the town he can participate on the matter, despite the direct financial impact it would have on his immediate family members.  Justin reported that the Lake Garfield Working Group voted last night in support of adding the Lake Garfield tax district to the Town Meeting Warrant..  Justin does feel this would be the most sustainable way to ensure lake health going forward.  Ron Rothschild was present to oppose a tax district formation and feels that the most fair way to handle it is to add a line item to the budget.  Ron also suggested that if a tax district is created that we should charge for parking and those monies should go to the tax district. Steve Aronson said it is the town’s lake but the tax district may distribute the burden more fairly.  Long term care of the lake requires much more planning and in-depth work.  As the town is a property holder of the Town beach, Steve Aronson suggested that in addition to the tax district the town still commit funds to the health of the lake.  Richard Jaffe concurred with Steve Aronson stating the district would be a more stable, sustainable source of funds. Don Coburn, in general terms, is in favor of the tax district but is concerned about one the aspect of wording including the use of chemicals.  Justin added this to the agenda as he had thought it would be a way to add it to the Warrant and for town counsel to review it, however since Steve is recused and John did not show for the meeting, it will need to be added to the town meeting warrant through a citizen petition, if at all.
7. Review mail & correspondence to be sent: none
8. Comments & questions from the public: none

A motion was made and unanimously approved to adjourn the meeting at: 7:42pm

Submitted by:

Melissa Noe, Town Administrator

Approved by:

Monterey Select Board

cc: Website (www.montereyma.gov)

Select Board Members

Minutes Book

Town Clerk

Any documents used in the meeting are listed below and are available by request at town hall.

1. Opinion from counsel on use of ARPA funds