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Wayne select board conditionally approves $117,575 payment for tennis-court contractor pending lawyer's opinion
Summary
The Town of Wayne Select Board voted to conditionally approve a $117,575 payment to the tennis-court contractor if the town attorney confirms the payment is authorized under existing warrant articles; the motion also instructed staff to pursue a short-term loan if counsel advises payment is not authorized.
A majority of the Town of Wayne Select Board on Dec. 17 conditionally approved payment of $117,575 to the contractor for the town's tennis- and pickleball-court project, but the check will not go out until the town attorney confirms the payment is legally authorized.
The action came after a prolonged discussion about invoices and cash flow for the project. Bryce, who led the project update, said earlier invoices included a $108,080 payment and an October invoice for $71,950, of which $41,950 had been paid and about $30,000 remained outstanding. Project volunteers raised concerns that the Land and Water Conservation Fund grant the town received is reimbursement-only and requires proof of payment before federal funds are released.
The town treasurer warned that using taxpayer dollars not specifically approved in the town budget could raise legal or audit consequences. "I, as treasurer, question the legality of using taxpayer dollars on something that is not in the town-approved budget," the treasurer said, adding he would follow the board's directive if asked to pay the invoices.
Faced with invoices already due and a federal reimbursement system that had been delayed, a board member moved that the board "approve payment to the tennis-court contractor in the amount of $117,575, which approval is conditional upon receiving a legal opinion that the payment is authorized and compliant with all the laws." The motion, as amended, also directed staff to begin contingency planning — including initiating a short-term loan if the attorney advises the payment cannot be made under current warrant authority.
Board members discussed the relative costs of short-term borrowing versus delaying payment and risking interest/late fees or reputational harm with the grantor. Staff noted the town's projected cash balance was sufficient in the short term but that significant road-warrant expenses were scheduled soon.
The board recorded the conditional approval in the meeting minutes and will reconvene or execute the payment according to the attorney's guidance. If counsel advises that payment is not authorized, the board's contingency plan is to pursue a bank loan or a special town meeting to approve the fronting of funds.
The matter remains contingent on a written legal opinion and a subsequent administrative step to issue the check or secure short-term financing.
