Selectboard Minutes

Town of New Salem Selectboard

Meeting Minutes

 January 24, 2022

Held Virtually via Zoom

Convened: 7:00 pm

Present: Randy Gordon, Wayne Hachey, Hugh Mackay, Selectboard; Kathy Neal, Town Coordinator; Joe Cuneo, Fire Chief; Stacey Senflug, Town Clerk; Gail Spring, Animal Control Officer; Jen Potee, Karyn Briand, Board of Health; Nancy Slator, New Salem News

Selectboard Reviewed & Signed the Following:

• Payroll & Vendor Warrants

Discussion Items

Stone Hill Road Bridge – Update

Randy began by asking Wayne if there was anything to report. Wayne responded by reporting that the bridge has been repaired to the Highway Dept.’s satisfaction. It was not done by the town, although it’s unclear if it was done by a private citizen or by DCR. He was not aware of DCR taking any action specifically and had not heard back from them after making inquiries. It was likely done by a private actor. Randy then asked about some of the other bridges or culverts in town. Wayne responded by elaborating on another bridge in town that has historically had some concerns expressed about it and gave some information on the way it was constructed. Discussion on this topic concluded shortly thereafter.

Board of Health Update

Jen noted that the Board of Health met recently. They revisited the mask mandate and have determined to continue it and reconsider it on a monthly basis. So the indoor mandate for masks in New Salem continues. Hugh asked about masks he’d fielded questions on whether the town could purchase KN95 masks. Jen responded the town hasn’t been offered masks for this sort of purpose. It may be possible to purchase them and the school certainly purchases them unless DESE is providing them. But to her knowledge they’d likely be purchasing them. Karyn noted she has a child at Swift River Elementary. One of the concerns for the school is limits imposed by budgets. They are currently providing surgical masks over cloth masks children are wearing. These are not as good as KN95 masks, which are currently the recommended standard. She felt it imperative that we attempt to obtain such masks for students as it will help ensure schools can stay open. Stacey noted that as Town Clerk she was provided some materials like masks by the Commonwealth. She was willing to offer them up, but noted they aren’t KN95’s. Joe reported that months ago he was provided many materials like masks, including KN95’s. They aren’t sized for children, and therefore may not work properly for them, but he was willing to provide some to the school and has in fact provided some KN95’s to Swift River in the past. Still, he noted the hospitals are using surgical masks. Karyn conceded that but submitted that the issue for the school is that funding limits mean they can only afford surgical masks. The best masks are KN95’s and obviously the school is doing the best they can with what they have. Still she thanked those present for listening and agreed to research the matter further such as obtaining KN95’s that would fit children. Joe thanked her, but reminded that there likely isn’t a child size. The KN95’s he has are all one size fits all. They do have slightly smaller ones, but they aren’t child size.

Jen concurred and reminded that the costs are increasing on masks of all types. Still, she felt that the surgical mask over cloth masks are the second best option to KN95’s. KN95’s are the best, but the method being used by the school is the second best. The town likely cannot afford to provide such masks for the schools and recommended the schools look to the Commonwealth via DESE and the federal government. Hugh asked some questions about the cloth and surgical mask options. Jen elaborated on the science and how to wear the various masks. If you have a KN95 or N95 mask that is all you need. If you have a cloth mask, it is wise to add a surgical mask over it. Randy noted he is a school teacher in another town and wasn’t sure how it varies from district to district but his school system is requiring surgical masks in place of cloth ones and recalled his district seemed to be getting the supplies from DESE. He then asked how follow up could happen. Jen suggested the school reach out to DESE for supplies first and ascertain. Karyn suggested that while that option is worth investigating, the town should be proactive about obtaining the KN95’s. She then asked about the towns website and an update on the Board of Health’s page. Randy elaborated that the town is in between websites as a new website is being built. But the town has someone to contact in the meantime for the existing website. Hugh noted that the new website is actually close to being ready. It was agreed to have an update on that on the next meeting.

ARPA Funds Discussion

Kathy reported that only a few requests for information vetting have come in from departments. Joe then reported on Fire Dept. noting he continues to work on vetting the idea of spending some of the funds on a generator for the Fire Station and possibly for the Stowell Building as well. Another item he’s vetting is the potential to use some of the funds on the pumper truck as well. Still he noted the pumper would be expensive and might use up all of the funds. He wouldn’t want to be the only department to do so. Randy thanked him and then noted some work he’s doing, including vetting costs of culvert repairs with the Highway Chief. Another matter of concern is the PFAS issue at Swift River. We may be able to spend some of the funds on that remediation issue and so we may not want to expend all the funds until we know more and have the final solution. Wayne suggested that the money not be spent on too much infrastructure as the town does receive Chapter 90 for highway and road work and equipment and we may have grant opportunities as well. We also may still have Free Cash for capital items. He felt it better spent on other items then culverts, for example. Hugh then interjected on the PFAS issue that Swift River has an earmark from the Commonwealth enacted back in December. It’s for $40,000. Joe noted that the Commonwealth has its own ARPA funds to expend and this earmark seems likely from that. Wayne asked Karyn if she knew anything about the earmark. Karyn responded she didn’t. The number is close to what has been proposed, a filtration system, so it may be related to that. Jen reported briefly on her meetings with Chris Stoddard, an engineer, who is proceeding with a plan to send a camera down into the well to check the wells casing. So the PFAS problem is being worked on. We may be able to avoid a new well being drilled. The PFAS numbers are not through the roof. So Chris is drafting a report that she can share on his work and his findings. He has found that the level of PFAS is not exceedingly high. Wayne asked if it has dropped. Jen responded it has indeed dropped. Wayne asked about options for the casing. Jen responded that Chris has to look at the well and determine that. It may be possible to reseal it, but it could be other things. Wayne concurred other things could be responsible or have failed in relation to the system.

Old Academy Building

Hugh noted he’s still working on meeting with various parties. Randy reminded the sooner we get to this the better, but we do still have time.

FRCOG District Local Technical Assistance Project Requests

Randy briefly recapped the work on this so subject far since the last time this was discussed. He asked his colleagues to provide Kathy with their picks. Wayne went over a few items that don’t effect New Salem and why they shouldn’t be considered. Hugh then noted that the town could use help with capital planning, but didn’t see anything that fit that exactly. Wayne recalled some of the struggles the town has had with forming a Capital Planning Committee and with establishing a Master Plan. Joe noted we used to have an active Capital Planning Committee. But that fell away and the Finance Committee has more or less assumed the vetting responsibilities. Randy noted they used to have a plan outlining future projects. Wayne noted that the process Finance Committee has implemented is in process. Kathy then interjected to return to the FRCOG form noting a few items Planning Board would like. That included a small town housing working group. Joe then noted that he’d like to participate in the local official continuing education workshop as well. Hugh agreed with that choice. He also suggested selecting municipal service sharing including feasibility, matchmaking and other technical services. With a focus on things like public safety resource sharing in particular. Wayne interjected to remind the Library’s roof needs work again. Joe reminded this isn’t fix the building kind of funding. Hugh then suggested zoning help on items like Master Plans. Wayne concurred with that selection. He also felt it wise to select the option on safe infrastructure and visibility improvement. Kathy then reported Planning Board would also like assistance with zoning relating to marijuana. This resulted in questions regarding the plan for a marijuana business in town. Randy reported that the businessperson behind it has faced a lot of COVID related challenges for him personally and that’s kind of put them behind. Wayne then returned to solar and any potential support for that under zoning. Kathy noted Planning Board agrees with that and suggests the clean energy item be selected. Randy noted that the item in question may be more about the impact of such projects over actual support for such projects. The top three items were capital planning, master plan, and training.

Approve Memorandum of Understanding – MA State Police Dispatch Services

Kathy reported on this item noting that it is a standard. Joe noted that this is our dispatch and we’ve always approved this. Wayne concurred noting it’s a 5-year agreement and we’ve always signed it.

Wayne made a motion to approve the chair to sign the memorandum of understanding. The motion was seconded by Hugh and passed without objections.

Discussion of Police Report Regarding Dogs Held by Animal Control Officer

Kathy began by noting this discussion has to be limited. The Selectboard needs to concentrate on the circumstances with the dogs. Any action relating to the officer in question would need to be taken under proper steps relating to personnel and Executive Session. There are notice requirements for the officer and other considerations. In the meantime, she was happy to report that a kennel has been found to take the dogs which are at issue. Hugh asked if there is a schedule on when this would happen. Kathy responded that it has been arranged. Gail, the Animal Control Officer, noted that when she last spoke to these parties they didn’t have room. But she was willing to coordinate with them. Hugh felt more comfortable with Kathy handling this while we work on this matter further. Other agencies have become involved and there will be a report provided. Gail noted she hasn’t been provided with any copies of any reports. Wayne stated for the record that he has worked with the ACO for over 8 years and to his mind there appears to be some confusion. He felt it prudent to wait to make any decisions until after further investigation has occurred. Randy reminded all present that some of this will have to be discussed under certain perimeters of law. Not all details may be discussed in this public forum. Wayne noted that this is the first complaint he can recall relating to this officer. Gail conceded there have been two others, but they were both anonymous and were found after investigation to be without merit. Wayne asserted strongly that in that event if this is a first occurrence of a legitimate complaint he was not comfortable with not providing some grace. Gail submitted that a vet check will be done of her facilities in the next few days. Kathy reminded this only involves two dogs. Hugh felt strongly that the animals need to be placed in safety. He repeatedly made a motion to see this done immediately.

Wayne expressed concerns about taking action before the vet check could be concluded. Gail briefly updated on some of her other animals who will be checked by the vet, including a horse. She was told everything was all set until a vet checkup occurs. Kathy noted that the report she received only mentioned two dogs and did not mention any other animals. Wayne expressed concern that the dogs might be put down if taken to a shelter. He felt that the vet check should happen first. To do otherwise in his opinion would be jumping the gun. All we have is a police officer’s report. Hugh asked when a report from MSPCA would be received. It was unclear. Hugh asked how fast an Executive Session could be called. Kathy responded 48 hours like any other meeting. Wayne noted he has conflicts for the next couple days. Hugh felt it imperative to take action. Wayne continued to have objections for immediate action. He has been involved with animal control for years. These dogs have been put out for adoption before to no avail. He felt strongly that if given to a shelter they will be put down. He stressed we should wait for the veterinarian. Kathy interjected to say she had a report from the Police Chief. He has reported that MSCPA’s law enforcement arm will pursue the town legally if action isn’t taken. It was noted that the MSCPA is not a governmental agency, but rather a 501(c)(3) nonprofit. It does happen to have a law enforcement entity that is empowered by MGL, but again it is itself a nonprofit. Still there is the potential for them to take court action which could result in a fine. There was then side discussion about this item coming on to the agenda by revision and not having appeared on the original agenda. It is true that a revision is permissible, and it was required in this case as the Selectboard chair became aware of the item prior to the meeting and therefore per the Massachusetts Attorney General it cannot be an unanticipated item. Randy then made it clear that his anticipated support for Hugh’s motion to remove the dogs was not a verdict on the complaint as a whole or on any future items. It was agreed to call an Executive Session to discuss the matter further at the earliest opportunity following the vet check and any further reports being awaited from various parties.

Hugh made a motion to follow the directions of the nonprofit MSPCA’s law enforcement division, specially empowered by MGL, to remove the dogs. The motion was seconded by Randy. The motion passed by majority vote with Wayne abstaining.

Minutes

The Selectboard considered the minutes for January 10, 2022. It was decided to approve the minutes as written.

A motion was made by Wayne to accept the minutes of January 10, 2022 as written. Hugh seconded and the motion passed unanimously.

A motion to adjourn at 8:14 pm was made by Hugh. The motion was seconded by Wayne and passed without objection.

Respectfully Submitted

Jakob K. Hamm, Selectboard Clerk