Select Board Meeting Minutes 4/12/23

Meeting date: 
Wednesday, April 12, 2023

Joint meeting of the Finance Committee and Select Board

Minutes of the meeting 4/12/23

Meeting Date: Wednesday April 12, 2023

Meeting Opened at 6:00 pm

Select Board members present: Susan Cooper, Justin Makuc, Scott Jenssen

Finance Committee members present: Frank Abbott, Ilene Marcus

Other individuals present: Melissa Noe, Laurie McArthur (SB Secretary), Don Coburn, Mickey Jervas

Other individuals present remotely: Town Counsel Donna Brewer

 

1. Continue Final Edits of Warrant

Justin reported that the Accountant worked with Melissa regarding the funding of the ballpark coming out of Free Cash, which would make the money available immediately after the Annual Town Meeting rather than the start of the Fiscal Year (July 1).  Justin reported that he heard back from Town Counsel and forwarded this information to everyone.  He reported that Town Counsel’s main concern was that the improvement must effectuate a public purpose now and in the long-term. The town should have a long-term lease, so the town has some security. Frank said that the Finance Committee agreed that this should be removed from the Warrant this year.  Don Coburn asked if Counsel was aware that, the Town will take possession of the property should the Fire Company disband.  The Finance Committee and Select Board said they were unsure and would have to inquire about that.  Melissa said that previous Counsels have agreed that it was ok to allocate these funds.  Susan asked if the terms were still viable since the lease has transitioned to month-to-month. 

Justin called (Town Counsel Donna Brewer).  Justin explained the discussion to Donna, reporting that the lease for the Fire Company was in question.  He said the Select Board and Finance Committee wanted to make sure that the money is effectuating public purpose and that it will continue to do so in the long-term.  Donna said that the month-to-month lease is problematic since it does not provide the Town security in benefitting from the improvements to the property.  Donna said that it did not matter that the property would be transferred to the Town in the event the Fire Company were to dissolve, since there is no reason to believe the Fire Company is going to dissolve soon.  Susan asked about issuing a new lease, and Donna said that this would present procurement issues, and explained that they would have to go through Chapter 30b steps.  She recommended that they keep appropriation and not turn the money over until a new lease was in place.  Susan said that the new lease could include stipulations for work completed on the Fire Station.  Melissa explained the process for how the funds would be distributed if the department went through the proper process. 

Susan discussed the special article for $30k for capital improvements on the Fire Company’s property, and outlined new language for the verbiage of the article.  Scott recommended they add a clause stating that the money would not be released until the requirements of the new lease have been met.  Justin called Donna back and asked about adding the wording “contingent upon the agreement of a new lease between the Town and the Fire Company” to the special article. She agreed that this wording was acceptable.  Justin also asked Donna if and when the Select Board has the power to not expend monies approved at Town Meeting.  Donna explained that the Town Meeting appropriates the money and the decision to release those funds is up to the Select Board. Donna recommended the following wording: “Contingent upon the execution of a new lease agreement between the Town and Company with terms and conditions acceptable to the Select Board.” Justin read the new verbiage of the special article.  Scott moved to approve the wording, Susan seconded.  Call a vote: Susan-yes, Justin-yes, Scott-yes.  The Finance Committee supported the article as it was re-written.  Frank-yes, Ilene-yes. 

Susan said she would like to see the article about the MassWorks grant re-inserted back into the Warrant.  The Select Board agreed to re-insert this article. 

Justin asked about how the budget would appear in the Warrant, and inquired if the percentages would remain in, and Ilene said that she preferred keeping the percentages for each line in the budget on the warrant.  It was agreed to keep the percentages for each line in the budget on the warrant.

Justin said that he would recommend comparing this year’s Annual Town Meeting (ATM) budget to last year’s ATM budget, rather than last year’s ATM and STM appropriations. Susan disagreed, and thought that this year’s budget should be compared to all the appropriations from last Fiscal Year. It was agreed to keep the budget as is and compare the ATM budget to all of last year’s appropriations.

Melissa noted the need to increase the Transfer Station budget by $30k.  Susan explained that the contract was an optional renewal and Casella turned down the renewal.  Susan said that a new contract is likely to cost the Town an additional $30k compared to the renewal prices with Casella. Melissa said that the Transfer Station fees will increase to $126,661. The Select Board and Finance Committee agreed to this change.

Ilene said they were going to do a budget hearing on May 2, 2023 and invited the Select Board to attend. 

The Finance Committee said they do not have any problems with the special article transferring funds from previous HR special articles to pay the HR director’s wages.  The Select Board said they supported article 6; Scott-yes, Susan-yes, Justin-yes, 3-0. The Finance Committee was in support of article 6; Frank-yes, Ilene-yes 2-0. 

The Finance Committee adjourned at 6:53pm.  Call a vote: Frank-yes, Ilene-yes. 

4. Discuss Town Meeting preparations

            The Select Board discussed any remaining questions and minor changes to the Warrant prior to signing, along with sections of the Warrant that will likely require explanations or additional information during the Annual Town Meeting. 

5. Town Administrator items:

  1. 319 contract amendment

Justin made a motion to approve the amendment to the 319 contract for Hupi Rd grant.  Susan seconded. Call a vote: Scott-yes, Susan-yes, Justin-yes.

6. Unanticipated business

Mattress disposal from New Marlborough

Susan discussed how beginning approximately five years ago the MA Department of Environmental Protection informed towns that a ban on mattress disposal in municipal waste was forthcoming.  Susan reported that when Monterey re-did their Transfer Station, they purchased the required container for mattress disposal.  New Marlborough did not obtain a container for mattress disposal and was currently in need of a place to dispose of mattresses. It was reported that an individual came from New Marlborough with five (later determined to be seven) mattresses to dispose of at the Monterey Transfer Station after reportedly being informed by a former Select Board member that they could dispose of those mattresses in Monterey.  Susan said that the Monterey Transfer station does not have the staffing to be able to dispose of additional mattresses from other towns.  Susan asked the Select Board about how to approach this situation.  Scott suggested a fee to dispose of the mattress but recommended that New Marlborough take responsibility for mattresses disposal in their own town.  Justin suggested having a higher fee if an individual is attempting to dispose of mattresses from a different town, but accepting mattresses from other Towns at a higher rate.  Susan said the Transfer Station Employee should be taken into consideration, so they do not have to diffuse situations with the mattresses.  Susan suggested contacting someone from New Marlborough to inform them that the Monterey Select Board has concluded that at present Monterey is not able to accept mattresses from other Towns

Susan made a motion that the Select Board at this time believes that the Monterey Transfer station is for Monterey residents with a Monterey Transfer Sticker only.  Scott seconded.  Call a vote: Susan-yes, Scott-yes, Justin-no. 

Susan asked if they would like her to draft a letter to New Marlborough.  The Select Board discussed having a conversation with Freddy (New Marlborough transfer station manager) regarding New Marlborough not being able to dispose of mattresses in Monterey due to not having a Monterey Transfer Sticker.  Susan will speak with Freddy and Bill regarding the issue. 

Small communities grant contract 

Melissa reported that this was for the open space grant for $12,000 and Monterey is responsible for $3,000.  Justin made a motion to accept the Small Communities Grant Contract for the open space agreement where the Town will pay $3,000.  Susan seconded.  Call a vote: Susan-yes, Scott-yes, Justin-yes.  

Melissa asked the Select Board to sign the document for the Notary Insurance for the Town.  Justin moved to renew the Notaries Insurance for Notaries that work for the Town.  Susan seconded.  Call a vote: Justin-yes, Scott-yes, Susan-yes. 

Melissa announced that John Field Tree Company will not be renewing the contract because they would have to raise the rates by $400 per day.  Melissa and Jim will put the tree contract back out to bid.  Susan recommended trying to find a company with a longer contract. 

7. Comments & Questions from the public

            There were no comments or questions from the public. 

8. Approve Minutes of 3/29/23 and 4/4/23

The Select Board reviewed the minutes from 3/29/23. Justin made a motion to approve the minutes from 3/29/23 as amended. Susan seconded.  Call a vote: Justin- yes, Susan-yes, Scott abstained.

The Select Board signed the Town Meeting Warrant.  The Select Board will meet next week if needed. 

Justin made a motion to adjourn the meeting.  Susan seconded.  Call a vote: Justin-yes, Susan-yes, Scott-yes.  Meeting adjourned at 7:32pm. 

Documents used at the meeting.

 

  1. Annual Town Meeting Warrant
  2. Small communities grant
  3. Notaries insurance for the Town