Selectboard Minutes

Town of New Salem Selectboard

Meeting Minutes

 March 7, 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; Jacob Cooley, Highway Chief; Amy Fagin, Zoning Board of Appeals; Claire McGinnis, Finance Committee; Sarah Kohler, Planning Board; Karyn Briand, Cam Dunbar, Board of Health; David Briand, Board of Assessors; Nancy Slator, New Salem News; Pam DeGregorio; Charlie Chase; Jeanne Clayton; Marney Ashburne; Rose Lyman; Carl Seppala; Carrie Lenard

Selectboard Reviewed & Signed the Following:

• Payroll & Vendor Warrants

Discussion Items

Short-term Rental By-Law for Town Meeting Warrant

Wayne started by recusing himself from this particular topic in part if not whole. Amy then turned discussion to the latest revised addition of the draft by-law. Hugh asked if there would be further public discussion on this or not. Amy responded there was a public hearing and the latest version reflects public input, but she’d be happy to hold another one. There were 6-7 people who came to the hearing that was held. Hugh noted a few minor corrections including a missing letter. Jeanne then spoke up. She owns two pieces of property one on South Main Street and one on Lavoie Lane. She recently lost her husband and she has a housemate who assists in the expenses of the home. She expressed worry that this by-law could negatively impact her. Her purchase of the additional second property on Lavoie Lane was one that involved a lot of work and expense on her and her husband’s part as it required extensive clean up. This property has been used by family and friends as well as rented for short periods. The longest rental was for 4 years to an elderly woman who was at one point the oldest citizen in town. It hasn’t been rented in the last year as there have been some necessary repairs. This by-law would force her to likely sell the Lavoie Lane property, but she might be able to narrowly avoid that by focusing on Airbnb solely. This proposed by-law places roadblocks for residents in town who may need some assistance financially via some forms of rentals. She expressed the feeling that those putting this by-law together have made a value judgement that things like Airbnb are negative. She felt this by-law to be unnecessary. She also worried about the fact that the by-law requires that all landlords live in town. Which would prevent a person from perhaps seasonally renting their home out and living in assisted living in another town like Orange. Something some elderly residents have done. Randy asked if there were any specific sections of the proposed by-law that should identify that could be changed or removed. Jeanne responded by citing the requirement to live in town.

She also cited a requirement that rentals be exclusive to one party at a time. So that prevents renting multiple bedrooms to multiple people. She also cited the provision regarding taxes on the income derived. She noted that residents pay property taxes and asked if other home businesses pay such a 6 percent tax. Randy responded that this is for information and the process is that once information is gathered a decision will be made on whether this will actually be pursued. No decision will be made at this time. No Special Town Meeting is planned, and certainly the Annual Town Meeting won’t be for some months yet. He proposed that concerned citizens send in comments about specific sections. Amy then asked a few questions about the by-law noting that this has started out as a Citizens Petition for inclusion in the warrant. If this is something the Selectboard is going to be involved in if it would change its status and be a sponsored warrant article. She expressed the desire to see a final decision in that event by the Selectboard. Randy responded that the concern at the town meeting where it was requested this be revised was because some citizens had concerns that the process was rushed. There has now been more than a year of work. He saw no issue in placing this on a warrant to allow the town the right to vote. Hugh also had no issue with it going on the warrant. His main concern was avoiding residents coming to a town meeting and feeling blindsided. Amy stressed the fact that there has been a public hearing and multiple public comments made and considered. There has been vetting, public comment period, and so forth. She also promised to publish it on the towns website under the Zoning Board of Appeals. Hugh asked about public participation noting he didn’t see anything in the New Salem News. Jeanne didn’t recall participating or seeing it published, but Amy noted she was at the hearing. Jeanne conceded that may have been the case. Amy agreed to work with Nancy Slator to see the document published in the New Salem News. Hugh noted a few concerns about unique situations that might arise. There are some things that should be taken into consideration. But it should definitely be debated properly. Amy noted that most cities and towns in Massachusetts are crafting by-laws like this for health and safety reasons. This is not just an attempt at collecting taxes or preventing renting. It’s mostly to ensure health and safety and septic rules are followed and that there is some record keeping maintained. She elaborated on her own experience with a neighbor who routinely rents space for up to 10 people a night, and that has an impact on the community. The restrictions proposed can also include a waiver. So, perhaps, in the event something like an elderly citizen living out of town for part of the year and renting their home during that time, they could be allowed to seek a waiver. Discussion concluded with the agreement that the matter should be considered and all residents allowed a voice.

Treatment of Town Roads in Winter

Pam and Charlie stated off by thanking the Selectboard for hearing them. They have lived in New Salem for 40 years. Pam stated that they have always been pleased with the towns Highway Dept. and the quality of their work has always impressed. She stressed she isn’t a big complainer by any means. So she kept her comments to a few roads that she travels routinely. She has noticed in the past year that the roads haven’t always been sanded or salted. Especially on days that there is no school. She asked what protocols are used as in her experience she was scared to travel when this happened. Charlie reiterated what Pam said noting that he’s complimented Highway’s work. He has also served as a Selectman in the Town of Barre. He asked about the towns allocation of funds for Snow & Ice and questioned if there were sufficient funds for snow removal and sanding/salting. Pam noted that even if we don’t salt, we need to sand. This poses a public concern since it might make conditions dangerous for ambulances as well. Jake Cooley responded that it all depends on what time a person is traveling in relation to storms passing through. The town sands at the beginning of storms and then again towards the end. Usually they scrap the roads during that period. He also stressed that the town uses a mixture in most places of sand and salt. Time is also a factor. Sometimes at night conditions might deteriorate as the Highway Dept.’s employees do require rest. Still, the next morning they respond to conditions. Pam then asked if weekends or snow days are treated differently. Jake responded that we get our sand from the Quabbin as DCR agreed in the late 1930’s to allow New Salem to get sand from some land there for free. We then only pay for the salt.

He noted how much New Salem uses a year and then explained that on weekends and snow days they don’t change their procedures. He routinely follows the weather in winter and all attempts are made to do the same routine of plowing, sanding, salting in the morning, and then closer to the end of the storm repeating. Pam asked how many laborers are available for this work. Jake responded that there are 3 employees and one extra person for plowing. We also only have two sand trucks. So that doesn’t help with the timing issue. Pam asked if dirt roads are treated differently. Jake responded there is a difference. He doesn’t put salt on dirt roads. Salt will pull the frost out of them and it makes mud conditions worse. Usually loosens up the top 6 inches. She asked about safety vehicles going on the dirt roads. Jake responded most have chains on them for those conditions. But the department is on call for assistance in such scenarios. Wayne noted that we’ve actually done very well on our budget for Snow & Ice. Regardless, he noted that he would like to see the town purchase another sander and plans to present the request to the Finance Committee. Wayne also reminded residents that they can obtain sand from the Highway Dept. for sanding needs closer to home. Carl then spoke about his experience living on Moosehorn. He appreciated that his road as a dirt road isn’t salted, but did request a little more sand. Randy then asked Jake if he had any updates. He responded that everything is in working order and things are going smoothly. There are a couple of roads in need of repair, but that’s being planned out for spring. Wayne noted that we’ve been cut back a little on our Chapter 90 funds, but we likely can find ways around that. He also reminded that the frost process and other climate change related issues are causing worsening conditions for roads. Randy then brought up a specific area by Orange Oil in North New Salem that has potholes that require repair. Jake responded he was aware of that area and stated that he’s already scheduled with the paving company to repair it as soon as the weather permits it. In the meantime, there are cones and signs to warn drivers of the danger.

DCR Burn in the Quabbin

Joe then reported on DCR’s plans. They’re doing some burns on the Prescott Peninsula. It’ll likely be sometime after May and will be outside our normal burn season. This is permissible for them. This is a good opportunity for the New Salem Fire Dept. to train as we can take part as a town. Nancy Slator asked where on the peninsula the burn would occur. Joe responded it will be several different places, but none are close to residential areas. He stressed more outreach with information will be published closer to the timeframe. Most of this will result in habitat restoration. Wayne reminded that we really need some controlled burns in our forests so he saw this as a positive. David asked about precautions that will be taken. Joe outlined how DCR does this and the precautions. Part of the Fire Dept. participating is to take a precaution by having them on hand. They don’t do this just any day, environmental factors are taken into consideration. More information on the specifics of where and when will be available the closer. David responded that this means DCR is in control of this. Joe responded indeed they are. They are a department of the Commonwealth with designated control over the land thereof.

Capital Budget Requests for FY23

Kathy went over the requests she’s aware of and noted she hasn’t seen anything that’s really stood out and asked the Selectboard if it was aware of any that should be brought to the Finance Committee. Hugh suggested some sort of list of where funds are needed in the mind of the Selectboard. He asked when this is due. Kathy responded soon. Wayne suggested the Selectboard go over its budget with more detail this year. Kathy noted she’s gone over the routine budget and updated it for Finance Committee. Wayne reminded those present that Finance Committee will be meeting soon and suggested he and Kathy should attend the next meeting.

Board of Health Update

Cam provided a brief update for Board of Health. There isn’t much to report at this stage of things except that the Board of Health has lifted its mask mandate and instead issued a mask advisory. The Board of Health still views COVID-19 as a hazard with many remaining at risk. He then reported on the Transfer Station. Their wooden walkways for accessing dumpsters need repairs. The Board of Health has purchased a new steel walkway for one of the dumpsters. It cost $9,245 dollars. Board of Health had a bit over $11,000 in funds available to use towards this. Board of Health would ask the town to consider purchasing another one from ARPA funds. Wayne then noted we may still have a state of emergency in effect and asked his fellow members if we need to rescind it. Randy suggested the item come up on the next agenda.

ARPA Funds Discussion

Randy clarified that the steel walkway is the only item Board of Health is asking for. Cam responded that things are mostly in good shape. Our trash compactor has been recently replaced with a newer unit, and other updates and maintenance have been done. The walkways are really the most pressing thing. Hugh asked how fast the turnaround time is. Cam responded that the turnaround is a few weeks. Board of Health expects that the one they bought they’ll have soon as it’s already being built. He stressed that due to the Russian-Ukrainian War steel prices are shifting a lot. So we need to move quickly. Hugh asked if the town has sufficient funds to just buy a second steel walkway out of existing funds or if ARPA would be necessary. Wayne noted that he knows the work of the company producing these and they do good work. Cam concurred noting that this will include galvanizing and done the right way so that these will last for years. David interjected to concur that the company producing these are well known and respected. He asked if this is just the stairs or the walkways as well. Cam responded the stairs and walkways. They’ll be essentially the same dimensions as the wooden ones we have, just galvanized steel with slats that allow the snow to go through them. They’ll also be readily disassembled if we ever need to move them. Randy explained that the difference is that ARPA is a set of money we have access to with a simple Selectboard vote.

Other town funds would have to likely be appropriated at a town meeting. Hugh noted that another concern is the bidding factor under MGL Chapter 30B. We have to be careful not to run afoul of bid splitting rules since both of these combined would be over $10,000. Cam stressed that this qualifies as a safety issue and would certainly qualify under exceptions under procurement for public safety. Randy expressed the inclination to support the request for use of ARPA funding in this instance. We have around $150,000 allocated and should receive another $150,000 later. We’ve had some requests and are going through vetting still including some broadband, but there should be sufficient funds for this. It was so agreed. Cam noted that they should be ready by March 21. There was then some ensuing discussion regarding broadbands requests. Wayne asked that some clarification be obtained from MLP/Broadband. Kathy agreed to contact MaryEllen. Randy also asked that a formal decision be made on the generator matter that Fire Dept. has been pursuing. We haven’t made a final decision on that but sort of having been proceeding as if we have. So we should make that decision. Wayne concurred. He also reminded we may need to utilize some funds for a pumper truck. But the Town Treasurer would need to be consulted as would Finance Committee.

A motion was made by Hugh to allocate $9,245 for the purchase of a galvanized steel walkway as needed for public safety at the Transfer Station as requested by the Board of Health. The motion was seconded by Wayne and passed unanimously.

Old Academy Building

Hugh reported that there are still some difficulties getting people out to look at the building. Still he requested this item remain on the agenda for the next meeting.

ACO Follow Up

Randy asked Kathy if the town has been able to successfully join the County Sherriff’s Offices program. Kathy responded that we have. Hugh asked Kathy to see an announcement in the New Salem News.

Minutes

The Selectboard reviewed the minutes for February 22, 2022. The Selectboard saw no reason not to accept them as written and determined to do so. Wayne asked if the Town Clerk had responded to inquiries about the School Committee vacancy matter. Kathy responded that the Town Clerk has clarified that there was a failure to elect, the person in question was appointed, and that this appointment would end at the next election. So even though she doesn’t have a resignation, this vacancy will legally reoccur at the May election. So if anyone wishes to pull papers and run they should do so. Randy disputed that the Selectboard appointed with the School Committee. He recalled it was that the candidate won as a write in and didn’t actually win. That in fact the person who was a write in with the most votes declined the position.

A motion was made by Wayne to approve the minutes of February 22, 2022 as written. Hugh seconded the motion and it passed unanimously.

A motion to adjourn at 8:12 pm was made by Wayne. The motion was seconded by Hugh and passed without objection.

Respectfully Submitted

Jakob K. Hamm, Selectboard Clerk