DISCLAIMER
These notes are not meant as a substitute for the Select Board approved minutes.  Approved minutes are the final word. Because of Open Meeting Law, minutes have to be reviewed and approved at a subsequent meeting which delays the posting.   AUDIO RECORDINGS are no longer available with in-person meetings.   —Pat McGahan

Any text  in brackets [ . . . ] are my additions to the notes and not part of the meeting. 
​
​pmcgahan75@gmail.com: Actively engaged in the Heath community: ongoing attendance at SB meetings for three years; retired member of the Heath Herald staff after 7 fun  years; former member of the town Building Use Committee; member of the Heath Agricultural Society for 10 years, the Premium Secretary for six years and maintained the Heath Ag website for six years; part of the team installing the pollinator garden by Community Hall;  co-organizer of  the Community Cafes with live music held at the Community Hall.

Robyn absent due to illness
Meeting items
There was high praise from the SB, Hilma, and meeting attendees for the work of the highway department on the recent storm.
6:05 p.m. Appointment: Age- and Dementia-Friendly Initiative presentation with Meg Ryan, Mngr.

• LifePath is the lead on this project
• 65 plus population is escalating
• LifePath Movement targets: safe, walkable streets; access to needed to services; age friendly housing and transportation options; opportunities to participate in community life
• A survey done by LifePath had only 37 responses from Heath residents.
• COA members at the meeting  were Margaret Freeman, Cathy Talen, Victoria Burrington, Sue Lively and Coordinator, Lyra Johnson-Fuller
• COA and SB did not commit to joining the initiative at this time as they  (1) did not feel that the survey was representative, (2) some offerings were not relevant to Heath seniors, and (3) some offerings are already being provided in Heath through the Town Nurse and the COA Senior room.

o CEC Change Order to Continue Monitoring Tri-Town Landfill—vote on 3-yr. agreement

• ​SB voted to continue agreement

o Smith Vocational School—student tuition and transportation

• Awaiting on invoice from Smith vocational for student switching there mid year.  [Heath will have to pay Smith for the half year without any indication that MTRSD will reimburse for 50% of the  full year already paid to the district  for this student.]

o Annual Report—review written report

• No review, the report is currently in process

o FY24 Budget—general discussion

• The Broadband principal payment is approx. $104,000 and interest $45,000, which is about $70,000 more than last year. Discussed whether broadband MLP [Municipal Light Plant]  could help.
• Discussion of auditor's request for additional compensation. Robyn planned to discuss with him.
• The Town may need to increase building maintenance hours by 5.
• FRCOG owes the Heath BoH $4000 which needs to be credited to future invoices.
• Discussed an increase in hours for the Town Coordinator assistant position with a plan toward training for succession in future years.

o Financial picture—present and immediate future outlook

• $1,018,000 Mohawk assessment for Heath for next year

o Proposals for ATM articles—amend legal posting locations, creation of new revolving fund

• Proposal to add Jacobs Road to the legal posting locations
• Community Hall Function Fund should be redesignated as a revolving fund

o Meeting Public Attendance & Public Comment Period Policy—update

• An updated policy is to be sent to legal for review. [I believe initiated by a recent personal attack on the SB in the guise of public comment.]
• The advice of legal at KP Law has continually been to not hold a public comment period [email and letters are other means for residents to communicate].

o Community Hall—update on water damages & insurance claim

• Insurance adjuster emailed asking for price estimate on floor repair and testing for asbestos
• Square dance took place in the hall and was attended by approx. 40  people

o Farmland of Local Importance—review and vote for acceptance​

• No clear need for this designation
• SB voted not to accept

o  Naming Jacobs Road 

• Postponed until Robyn is available

o  SB voted in favor of  2 requested road closings in front of CH for events in May and September.
o  Discussed possibility of random drug testing 

6:00 p.m. Meet with State Representative Natalie Blais

• Blais asked to hear from the town as to what it needs from the state.  Among things mentioned was the cost of Broadband, the need for building maintenance, the residents' tax burden.
• She spoke about working on rural schools and infrastructure.
• Introduced a bill to establish an Office of Rural Policy staffed with a full time person to assist towns.
• To know when there is a hearing on the bill, signup for alerts at: https://malegislature.gov/
• Link for Blais sponsored bills 

Municipal Light Plant Backhaul Agreement, Appendix 2—SB voted to approve
Other Business
o Auditor’s Report (Tom Scanlon)

• FinComm reviewed the report and had some concerns, some of which Robyn is already addressing.
• SB voted to create a subcommittee  with one SB member, one FinComm member, and Hilma for  setting benchmarks to respond to weaknesses found by he auditor's report.

o FY24 Budget—general discussion with Finance Committee

• Missing budget for Planning Board, Treasurer to update insurance number as rates have gone up, final figures from FRCOG, the accountant wants a $10,000 increase over 12 months (claims Heath does not pay for software update expenses).
• Need to allow for MTRSD $44,000 assessment in the budget, need to determine how to pay.
• MTRSD operating budget to increase by $30,000

o Highway Department

• SB approved updated position descriptions
• Robyn is drafting a letter to summarize meetings she has had with Jeff J. on highway department functions. 

o Community Hall

• No update on water damages, waiting on insurance adjuster estimate.
• March 18 event scheduled, second floor is ok, but lower floor is not. SB feels the square dance can be held if tiles on lower floor tiles that have come up can be covered.

o Donation for Community Hall Window Renovation

• SB voted to accept $180 for CH Window Renovation and and  the establishment  of an account for this purpose.

o Farmland of Local Importance—Robyn to contact promoter
o Naming Jacobs Road property

• Eliminated  names with words Campus, People's names, School, Branch, Jacobs, Serenity, and possibly a late comer, Heath Hub at Jacobs Road.

o ​Smith Vocational School—Superintendent Stanton, said a Heath student at MTRSD was over looked when vocational schools were chosen. The student was allowed to switch mid year in which case Heath owes all charges.  Transportation cost is $4554, tuition for full year is $20,000 so Heath would be responsible for the  $10,000 remaining.
o Salt Shed

• Feedback on independent study for salt shed—Bray Road has enough room. Heath should not spend money on existing salt shed location if rebuilding is not feasible.  [Walter Cudnohufsky Associates, Inc?]
• Letter to McGovern to include Salt Shed, Broadband, shared services with other towns, highway dept needs, and 2 items more I didn't catch.

Budget Hearings with Finance Committee
Municipal Light Plant Manager & MLB,- Sheila Litchfield, Dave Gordon, Ned Wolf spoke

• Heath currently has 344 subscribers
• a note [of $44,000? ] is due and will be in Article 3  for Town Meeting.
• Brian expressed concern regarding the scheduled outage for Feb 22.  People who switched to internet phones have no way to contact emergency services during the outage.
• Dave Gordon pointed out, that while there is no recourse now, there will be once the redundancy system is in place,

Fire Department

• there is a need for organizational change for towns around shared resources particularly  needed is a full time chief.
• volunteers are harder to find or sustain for a number of reasons

Highway Department

• Highway Dept needs 2 new trucks to replace aging trucks where repair is no longer feasible.
• SB acknowledged that at least one will need to be added to the budget this year and another next year.

Other Business
MTRSD assessment

• SB Voted to pay the $44,000 assessment for the MTRSD to avoid more costly litigation

o Auditor’s Report of FY2021—review and discussion

• some accounting changes for the highway dept were recommended by Alice W.
• how some accounts are being handled need to be addressed with the accountant

o Community Hall—update on water damages

• the building is closed until, at a minimum, the floor is replaced
• insurance adjuster was scheduled for Wed, Feb 23

o Regional Through-Trail Feasibility Study—vote on agreement with FRCOG for work 

• SB approved the study which is covered by a grant

o Open Meeting Law Complaint regarding Select Board - Jesse Weigand (February 2, 2023)

• SB  acknowledged receipt and KP Law will respond 
• Approx. cost for the response normally is about $1000

Postponed Items:

•  Farmland of Local Importance—review and vote for acceptance possible - postponed
• Free Cash for 2023

6:05 p.m. Appointment: Greg Rode regarding construction by cannabis farmers

• Concern about violations at 11 Bellor Road.
• Flagrant ignoring of zoning bylaws—presence of the storage containers, not properly setback, fencing, electric.
• Concern about inaction on the part of FRCOG inspector, the Planning Board, and the Select Board.
• SB needs to consult legal and consult with the Planning Board.

Other Business

• Community forums follow-up
  • The SB has received some harsh communication from supporters of this effort that were characterized as divisive and not a good way to begin  dialogue.
  • Mick Comstock and Neil Stetson have offered to facilitate at the Heath Union Church and this was looked on favorably by the SB.
• Request for tax abatement on new town property
  • SB voted to abate tax for land purchased to extend the Shapiro trail off Flaghill Rd
• Excess equipment disposal
  • SB approved a request by Hilma to have the freedom to dispose of unused equipment valued under $1000. 
  • A resident requested the publicly be informed known so that residents would have an opportunity to take excess items if wanted. 
• Mileage [Reimbursement ] Rate—SB voted on an increase [missed the amount]
•  FRCOG materials bid service—SB voted to accept FRCOG bid [approx. $4000]
• HHS request for room in Sawyer Hall—no update from HHS. They may need to install climate control equipment.  Brian to contact Ned.
• Council on Aging—CORI checks
  • All person dealing with seniors must have a CORI check,
  • The town must implement a policy and provide a secure computer 
  • Victoria Burrington will administer 
• Salt Shed
  • There is money left in Chapter 90 ($200,000)  for surveys of salt shed, highway dept, and Bray Rd.  Need a topo survey.
• New Year’s letter to residents—completed and to be sent out to residents

I left the meeting at this point due to the executive session and did not return for the remainder of the meeting.

• Highway Foreman position
• DLTA Survey

Town Finances availability
Town Coordinator’s Report
Mail
7:30 p.m. Executive Session to discuss MTSD assessment error.

Hilltown Youth Performing Arts: Directors Jonathan Diamond, Laura Iverson, Zach Arfa, Larry Sampson discussed new requests to be included in the 2023 lease which were approved.

• a slop sink to be installed in the room where much of the artwork and painting is done. It was agreed that they would purchase the sink and the Town would have the installation completed.
• use of the freezer use - HYPA staff dropped their request for use due to the size of the freezer
• to cultivate two garden areas in locations that border the sports playing field. Hilma reported that she had seen the two areas that were unused. The gardens would be planted with perennial flowers.
• request to paint a section of each of the two long walls in the gymnasium a sky blue. They would also like to install a row of 2 x 4 boards across the top of the blue painted area on the wall opposite the bleachers. (There is already such a row of boards above the bleachers.) From the boards they will hang murals to provide background for the winter performance.

 
Mohawk Trail Woodlands Partnership Grant: This is a joint grant that was applied for by the towns of Heath and Rowe in the amount of $40,000. Funds will be used to engage services of FRCOG staff for the purpose of designing a through hiking trail and completing the legal agreements of private landowners for trail construction on private property. Grant approved on the condition that the Rowe Select Board also accept the grant and that no Town Coordinator hours be used for administration of the grant.
 
FY24 Budget Planning Process: Budget hearings for several departments to be scheduled by Hilma. The Board would like a FinComm member to attend with Hilma.  Hilma will research Covid-19 funds that are held by the Town or that could be applied for.
 
If there is need for a Special Town Meeting, it will include an article to transfer money for legal fees and to fund the feasibility study for a new salt shed. The need has not yet been determined.
 
Appointment with Sheila Litchfield: Sheila read a letter she had written and addressed to the Board. She expressed dismay over the divide in town and her hopes that something can be done to bring the town back together.  The Board also voiced concern that, perhaps, not everyone will accept their own responsibility for mending the division between some residents. Sheila responded that she thought the Select Board were responsible to facilitate communication. It was noted by the Board that a public comment time was held during almost every Select Board meeting.
 
Renaming of the Former Elementary School: The Board explained that the name chosen several weeks prior was selected from a list of suggestions. They picked a name that seemed the most suitable based on the usage of the building. There was never an intention to hurt, belittle or offend anyone in the name that was chosen. Nor was there a desire to chose a name that was pretentious. “Community Center” would be ideal except for the similarity to the Community Hall.
 
Letter to Residents: The Board Approved the idea of sending out a letter to town residents informing everyone of work and changes that had happened during the previous year. Areas such as status of the town buildings and facilities, the AT&T lawsuit, upcoming goals, and another invitation to offer suggestions for renaming the former elementary school building will be described in the letter. If the letter is prepared be mid-January, it can be mailed with the Town Clerk’s street census forms to save postage.
 
Rescission of Name: The Board voted to  retract the  renaming the former school due to concerns expressed by residents.
 
Salt Shed: A proposal for a feasibility study will be sent to the Highway Superintendent to get his thoughts on the possible use Ch. 90 funds. Hilma will check into the possibility of whether ARPA funds would cover such an expense.
 
CDBG Grant: The Board requested that Hilma reach out to Brian McHugh to ask about the possibility of applying for a grant to pay for a study of Sawyer Hall.

Town Coordinator’s Report: 

• Met with Bob Dean of FRCOG to discuss the Town’s priority needs. Bob explained that FRCOG is reaching out to each town to get information about their needs to find common areas with the intent of applying for grant funding to cover similar projects for several towns.
• Hilma spent time viewing a video and researching the process of applying for a Mass. Cultural Council grant to help fund renovations in the Community Hall.
• On January 6th a preconstruction meeting was held for the Route 8A bridge. Participating in the meeting were Carl Ayers, VHB engineer, Sara Kelley and Gary Palumbo of J.H. Maxymillian, Jeff Johnston, Highway Superintendent, Will Emmet, Fire Department, Brian of the Board and the Town Coordinator. Procedural expectations were discussed and clarified.

 Sue Lively absent due to medical procedure.
ATT vs Town of Heath settlement agreement—SB voted to accept.

• A  final amended agreement for judgement was received
• Intervenors are in agreement with amended agreement
  •  All items previously negotiated by the SB were included 
    • height 120 feet to 140 feet
    • space on tower for town public safety communication
    • reimbursement to town of $2000
  • Additions
    • sound suppression
    • towers to be painted brown
    • emission testing will be done on abutters properties
    • gate will be installed 
    • new landscape plans
    • revisions to the access drive

Naming of the Jacobs Rd. building/Review of decision-making process regarding the location of town offices. Is move temporary? 

• Reasons for move: lack of privacy, security, no proper egress,  not sufficient parking, COVID concerns, handicapped access.
• Until such a time that another structure becomes available to the town that meets all our concerns, then this location best serves the greater town and employees.
• From the names suggested, the SB voted to name the building the Heath Community Center.
• Review of the Finance Committee letter for FY24—not available for SB meeting.
• Salt shed—working on plans for new shed either on existing site or Bray Road to be done by next winter.
• Nurse relocation—Hilma to talk to Claire to determine best time for Nurse's office to move
• MTRSD Assessment —still awaiting answer on money actually spent on Heath school students

Town Coordinator

• Attended Ad Hoc meeting of finance committees from surrounding towns to discuss budget process.  All towns have similar financial issues. Concerns about transparency in the budgeting process.  Questions for specific budget items: Can we afford it? Is it money well spent? Do we need it?
• Hilma sold 20 pre-school chairs for $5 a piece.
• Bids close on repair of bridge on Route 8A (Jacksonville Stage Rd) over Burrington Brook on Wednesday, December 7, 2022 at 2:00 PM.

​Mail

• There was a complaint regarding unlicensed vehicles at a home on 8A.  But home was said to have a business license.
• The library issued a report to the SB in which it noted that 86 people attended the open house in September.

Brian was unable to attend so some items needing his input were not discussed.
​
Community Hall 150th Anniversary Celebration—recap

• Well attended and went very well.
• Horse & carriage ride was especially enjoyed and in keeping with the event.
• Community Hal will be open  from 1 to 4 for those who missed the event this past weekend.

Town Buildings & Offices

• Salt Shed – need guidance from FRCOG on a request for a proposal for evaluation purposes.
• Meet & greet  at the transfer station is coming up this Saturday with Natalie Blaise, state rep.

Jacobs Rd. office assignments

• waiting on responses regarding posted office hours, due next SB meeting

• treasurer and accountant moves are upcoming

COA is ready to advertise for the coordinator position, a 3-person interview team was selected.
AT&T v. Town of Heath

• Communication has been ongoing between intervenors and AT&T.
• AT&T is not interested in other properties.
• AT &T responded positively to some of the intervenor’s requests regarding what the tower will look like, how access road is finished off, and a sound barriers around the generator.
•  If intervenors cannot agree as a group to AT&T responses by Friday, then AT&T will move forward with the suit. 
• Concessions previously negotiated by the Select Board such as a height limit are no longer in play.

Town Coordinator’s Report

• Most of work was administrative.
• FCTS is coming to Jacobs Road Thursday to work on lighting.

Mail

• Heath is now MVP eligible which provides disaster benefits. 
• MTRTS needs a town representative for a contract negotiations team with the teacher’s union
• Dog issue

7:00 p.m. Heath Historical Society—Ned Wolf, Bob Viarengo

• The HHS has a $15,000 grant to fix windows in the old town building on the common
• Loss of $1300 in income this year mainly due to COVID
• Do not have many active members, 5 board members.
• The society has $45,000 in cash, out of which $20,000 was raised from 3 people to build a climate-controlled building (indicated this was no longer a viable option).
• Still Interested in climate-controlled storage and looking at the former assessor’s office in Sawyer Hall to store items such as documents, textiles, some artwork.
• Would need to put in a mini split with separate meter.
• Since the use would not be open to the general public, Bob felt ADA compliance would not be an issue.