##VIDEO ID:NyBNWmGJdpY## [Music] meeing to order of the cushan Board of Health on Tuesday nove November 19th 2024 at 4 53 p.m. uh if everybody could silence that phones I should mention this meeting is being audio and videotaped we have nobody with us in the audience we have a full board tonight our agent and the Secretary of all here um first order of business letter from Community nurse and Home Care statistics for September end October 2024 review of matters presented votes may be taken hey what's this um papoli yes what the hell is that that's tick that's a tick disease bosis 24 coits reported September went down now 14 in October motion to file second all in favor I motion carries next we have Mass Department of Public Health AB surveillance program report West now virus Triple E review of matters presented votes may be taken so from my standpoint as we all know we've gotten uh several heavy frost days down 28 degrees or more um we've been able to uh lift any of the issues that we have with mosquitoes at this particular point in time so not that uh not that you're really staying out much past dusk these days but um you at this point good to go we could be outside mosquitoes are not an issue probably until spring now motion to five amen second all in favor y i motion carries appointments we have none approval of septic design plan subdivision plan review we have none next discussion items Board of Health policy for installation timeline for septic systems has everybody had a chance to review um Joe developed this a while back Joe developed this he created it um I asked I was told that you created this I did not create it I asked Joe to generate it because of uh an issue that uh I had received uh complaints about and uh yep and I was involved in we've experienced that many times before too you know where people held up so the installation of the system and then you had silk pouring into the you know waiting four or five six weeks or two months before they finish the job no I think it's a good idea of course you know you have weather pending different circumstances that that uh that we have to address so that would be done through the health agent and he'll he can follow the progress of the of the job that way we you know we're not putting anybody under the gun when there when there's an issue with that type of situation it's basically exactly Tom I mean it's it's it's one of those situations where you know a reasonable amount of time to do anything and sometimes we run across these situations where it's unreasonable and that unreasonable part tends to stack up and become more and more unreasonable the different things that happen and occur actually put um you know jeopardize the the Integrity of the septic system over time um you know we've seen you know tanks get set and not finish the system and then it rain or snow and have these issues where the tanks start to float and then the tanks have to be removed and reset and screws up the piping and and and so what we're trying to do is make make it very loud and clear that installers come they pull a permit they don't pull a permit to do half a job this week and in a month and a half do a quarter of the job and then a month later try to finish the job it's just you start the job you finish the job if there's weather issues just keep keep an open line with me which most installers do and uh tell me how you're going to deal with it and realistically by keeping the installers you know which they should be aware of the weather that might help them pause you know instead of doing it today maybe they pause for two or three days and let the weather go by and then they start digging their holes um so it just just bring awareness and ultimately if we have uh issues with people or installers that aren't doing it it it'll give the board uh and myself a little bit of authority to uh apply pressure to get it done for the residents and um you know for the people that are going to be using the system okay what's the timeline Factor so initially 15 days to install from the time that you pull the permit and then after that depending upon what's going on with the installation or WEA they'll have communications with me if it's going to take them longer than 15 days but generally generally you're talking seven days this is so if you pull a permit today you have 15 days from today but what happens if the people didn't want to have this thing done right away and you're pulling the permit ahead of time when you do that so that's part of this policy to make sure that the installers um think about it before they pull the permit in regards to their time frame and when they're going to get started in the event that they're not going to get started right away and they're trying to pull the permit because they happen to be close by in town well then an in you know a a start date is is would be what I would ask for you know you can start in a month well then you're starting a month you let me know right away we're going to be involved with wan to inspect the stone underneath the tank anyway so I'm going to be looking for that inspection um you know obviously the bottom inspection so it's just uh you know just working with me and letting me know what's what what the deal is and not starting and installing a tank and taking off for a month and a half is what we're looking at we're looking at put the tank in keep on working get it done don't go someplace else that but sometimes not some people don't yeah there was one that went on for nearly two months almost like all winter all winter pretty much it was a late winner early spring we had that happen happened to us before way back right there where Grandma's addict was remember that guy that was putting the system and he waited six months before he finished it well he started back he had took time to finish this is this is the point then he mad as hell at us because we told him we had to take all the silt out of the hole yeah right that's going to cost him more the customer more this avoids that right I mean like like Joe said they pull a permit because whatever the home owner needs on the pull a permit all you going to do is write a letter Joe say look although I pull the permit I'm starting on xmx a date you know and then it's it should be reasonably done and they should like somebody starting system and open up a hole and then we we got a blizzard coming what what that's not plan it's not acceptable this what is crazy in New England you never know what we're going to get it is but you if you take a month to do something that takes 10 days then you we got a problem because you're going to run weather problems should we put been out there all my life I know you know all I'm saying is that there was something I was getting calls from more than one person pull the permit and it was on pull the permit it was crazy and then the 15 days is the day from the day you start the installation yeah I got cuz you know you may have like like we were saying before you may have an installer that he's in town and he's from out of town or whatever M and he's coming by this office and he can pull the permit but he's not going to stop the job till next week I think it should state that it's when from the day that you start the installation okay you know what I'm saying that's I think that's fair because L like me pulling a building permit and I'm not going to start the job till next week or a month away I just I just happen to be in people don't have the funds to pick up the tab for that right now I think it should be from I think we should just change that little I have some money coming in next month the listen to me you I have some money coming in next month you can't start right now but I already pull up perit I already got 15 days so what the hell you going to do take blood out of a stone no I think what you're saying uh paragraph three right the license stall shall have 15 business days from the the uh commencement of work of of the installation of the system this paragraph do I have this in my minutes here right so let's change insuance of the construction perit to commencement of work that way they can hold the permit anytime they want cuz you never know what's going to hold them up I agree you know that that just makes it fair to to the commencement yeah so commencement of work to complete the installation yep so that whole rest y you're going to judge that for the next me and if somebody has problem with ledge or something what do you do contact Joe yeah but again you're still talking about 15 days once you get started and and I mean I mean that's a reasonable amount of time in the event that they're going to go longer I mean if you have ledge what are you going to do you're going to call you're going to hammer you're going to do something you're going to try to do that you're not going to wait a month you're going to try to do that right away if you have to wait a month you know that you have the Jeopardy of your hole that's running into issues because if it rains if it snows I mean you want to get this stuff done most people do so it's usually never an issue it's just once in a great while and then we have some leverage that U somewhere in there it should be where they're going to from the day that they start the installation um the the Board of Health needs to be notified somewhere in there you know what I'm saying because he can go and start it and we don't know they started it that's the see sometimes you have issues with materials we know where the 15 days stop Tom sometimes you have problems with materials you can't get the stone you can't get sand make piece only allows 50 50 loads a day out of there you know these guys but it's in there that they're going to be in touch with with you know with the health agent and most of them are once I get once I do the I do a bottom inspection they tell me I'm going to bring my sand in this afternoon I'm going to bring it in tonight but it takes me three days to get I'm just thinking about for everybody that does this work yeah so I I not everybody has 50,000 guys working for them to get the job done in two or three days if you're working on it constantly that's fine it's when you you take off and you don't come back like that's the issue that's a that's a big issue well that's what this is really about if you're there working on it nobody's going to be upset if you're there working on it it's taking the time I'm not going to be upset but if you disappear and all of a sudden I start getting calls from the homeowner going you know what's going on what's happening or the engineers calling me going what's happening and I'm going I don't know what's happening there's supposed to be an installer they're installing so now I'm going to get on the installer and say what's going on why haven't you been there for two or three days or weeks or whatever's going on and it just again it provides a certain amount of Leverage in the event that the people are not doing what's reasonable uh reasonable standards for for the construction of a septic system that's all it's not it's not intended to it's intended to hold the bad people accountable not the good people and there's very few of those all right so the third paragraph We read the LI license install shall contact the health agent to inform the Board of Health of the start date and will have 15 business days from the commencement of work to complete the installation that's good that that makes it fair to you can just or Joe just just grab this right out of my yep thing and then perfect if that's we we'll sign it at the next meeting yeah so motion to uh place it all time okay there a second I uh we just going to place it on file till the next you get to look at it one more time yeah I this the first time I seen this okay Joe talked to me about it while back but first yeah it's kind of been first time I seen it been kind of kicking the can because we didn't have a full board and then we had the PJ whatever you know reasons for but it Joe and I've talked about it for I don't know first time we talked about it was back when that issue happened earlier this year probably February March yeah something like that now now this here this is what puzzle me is $300 fine on your last one two 3 four five five paragraphs did you explain about the $300 fine so yeah if it's not installed then the reasonable amount of time that has been allotted to them and that means more than 15 days because certainly if they're working on it and they're having a conversation with me about what's going on and what's happening and they continuously are working on the system and that's not an issue but in the event that we're having an issue where the system's not getting installed in a reasonable amount of time it's creating issues in regards to the livability of the property it's creating issues with the homeowners Comm creating issues with myself it's creating safety issues whatever the issues may be then at that point I can bring it to the board and say hey you know what this particular installer is giving me a really hard time on um and these are the reasons why and you could possibly revoke his license you could slap them on the hand or you could F them or you could do all of it it just gives you the ability in the event that you need to you have it here so I mean it gives you the extra stick if you need it you have it already but this is just officially putting it in polic on a policy that's all it is does how many other towns have this huh how how many other towns around here have this particular type policy oh I don't really care I don't care if I'm just saying I don't care if any of them do I'm telling you there was a job that the there was a business owner who drove by the site regularly because his shop was two doors down and I used to hear it from him all the time what the hell is going on with you they dig a hole and they drop in one load of sand it'll come back for two weeks one sand then they dump another load of sand I don't see him for a week and I see somebody in trying to set some blocks of the retainer wall that took like two weeks and put a tank in a pump chamber in they left the old system run unfortunately now the lady bought this and she's calling Joe she's calling the off she's I talk her and she's like what is going on why do I have to have an open bomb in my yard for why didn't we call this guy in I think at that particular point in time we weren't really 100 let me take for like a month before complet that rolling in you know absolutely did at that particular point in time but again it's not necessarily something that I write on the calendar when the job starts we're going to do this now so that we can pay attention to it if you guys choose to okay this policy but it's not so all the other things that are going on it's not necessarily something that I'm paying attention to in regards to going by and checking this one particular job every few days to make sure that that's going to be quite Frank with you it probably probably didn't think about it because there was four or five other jobs going on until all of a sudden we get this complaint and it starts bringing our attention to it and then we realize how long this has been going on well as soon as I would got a complaint I would have went out and seen it talked to the people how long this guy's been here how long he been gone has he been screwing uh all of that began to happen at that point but it was already late I would have brought him in right in the person who sold it she uh it was inheritance because the last one of the family right she lived in Colorado even I even talk to her because she said the person I sold it to is living there and she wants to know does it does it normally take this long for a subject to be in Stall like no no I it was it's like incomprehensible how long it took we ever get did we ever get to this guy or lady whoever we had no so there's nothing you do about it right that's what I you talk to them and say listen if you're going to do another one in town you're going to have to get on a job well that's what this is fall we don't have to do that if we if we adopt this policy we go hey look it here's the policy to the contractor say you're not you're not following what we just told you what's adopted at at the town at the this is the law so if if a tank and a CL chamber goes in and then they disappear somebody's driving by and we just like hey it's been like that for two weeks now well guess what he's already two3 of the way through his timeline then we can haul you know have a little bit him in and have a discussion a little bit more work you know in regards to Wanda when we issue the permits but we're going to start tracking these things it it just gives you the upper hand on it so it's really cut and dry and simple this was an if you run into that issue and they and we have to call them and say look here's the policy you read it you were given this policy and you've been gone for 30 days what's going on did he end up contract we'll give it to them when they actually apply for the permit you should yeah that's way they'll have the understanding that this is the way the rules are exactly it just makes it easier for us not for us again for him well yeah makes it easier for us all the time no but if we have to call them in we just wait a minute you receive this here's the policy can you please explain did you not read it h this why you didn't why you're not there not Hur not looking to hurt anybody just looking to correct something that was abominable really it just shouldn't happen there's no reason for it no not that imagine you were Paving somebody's driveway and you went and did a you did one quarter of it and then you walked away for 3 weeks and then things were settling sometimes we do a job and it's a new construction we want to just put the binder in for the year true well that's re settles and we take care of it then but a lot of people say I want it done now when you do it now and it all sells you call it say hey it's settled in my garage it's going to settle something's going to settle a new construction well that would be like back filling a septic and then letting it settle before you come back and put the LOM on in the spring right that's the proper way okay well if it's not back filled that's the problem you can't back fill it otherwise you get heavy range and stuff all of a sudden it's going to just contaminate whatever You' just done yes so I made a motion to put it on file we're going to correct that first the third paragraph down and then we can we'll take a look at it again at the next meeting so that one my I have no problem with that a second yeah okay all in favor I motion carries all right next uh Joe's going to give us an update on 561 Main Street the illegal transfer station stockpiling junk business y um so back at the end of September I sent out an order it was brought to our attention that um somebody was operating essentially a transfer station they were they had dumpsters there was dumpsters being stored on the property um they were dumping the dumpsters they were sorting the dumpsters they were stockpiling the stuff that they were pulling out of the dumpsters um we have we had uh several pictures um evidence a lot of evidence about what was going on is there any such thing as permits to do things like this Joe sure did they have a permit no okay second of all Solid Waste right it is it's considered Solid Waste yeah second of all is that particular place zone industrial no violation all right so it's it's it's it's basically um the address is 561 Main Street and the rear of the property is the old up okay the Rea 561 Main Street so the depth of this is is pretty great because what had happened is um somehow the person that is running the junk removal business okay which is essentially he he's a great guy came in talk to me and I let you guys know about that once he kind of became aware of it um is recycling it's essentially what he's doing um what I'm looking at from the standpoint of what he's doing it's it's not really that big of a deal because he's not burying anything he's not polluting anything thing it's Solid Waste but it's not um it's not you know baby diapers and food waste it's not that kind of thing it's from cleanouts cleaning out rooms and things like that what he would do is he would dump it out sort it um put the stuff that needed to go to the landfill take that Shaman Avenue the stuff that he could scrap or donate he would either donate or scrap shouldn't I have gone to the town and asked permission to do something like this this is where in lies all the problem right this is why there was an order issued to him to see some assist because none of this was done um all of that particular area is zoned residential okay dump and all it's Zone residential had a special permit maybe at some particular point in time in order to dump it but it still didn't change the fact that it was resident residential zoning uh residential zoning obviously does not allow for any kind of solid waste management in of any wayte shape or form um so that was number one straight up number one they didn't have a permit they didn't have uh any kind of way to do this unless they went to the board of appeals to get a special permit um the second part of this was that they were actually operating on BNF landfill property and not on 561 even worse which we did send the order we had three people involved which was BNF landfill um the owner of 561 Main Street and also uh the junk removal company you did get in touch with BNF Landfield well they got in touch with with us only to tell us that they have no responsibility whatsoever of it I guess it was the sun oh okay CU I was going to say we're going to crack something on them for the leachates out in the back it was going to it was going to progressively get worse but um there was there was a the original order that I sent out to the junk removal person the person that's actually operating the business not not the property owner uh that got sent back to me from his his LLC address so we were able to determine his new new address but in the meantime the property owner I ironically enough bumped into and he was at another site that I was doing an inspection and I gave him a l of baloney saying I can't believe you're going to take this to this level because we were really going to be sitting here tonight having the discussion about it going to the attorney and what the next level was going to look like um because it was so the property owner didn't in inform the the actual person doing the work essentially renting or leasing the property that wasn't even technically the property owner's property um Jesus God right unbelievable so he came in he he he gave me the letter that I requested the certification he had it notorized um that he had not buried or dumped anything back there explained to me exactly what his businesses um which I suspected it is based on all the evidence the pictures that we had which is essentially is what it is um he asked for a you know he asked to um the he's asking the board um at this particular point to you know within seven days he's he's stopped doing what he's doing his the dumpsters are on site um he hasn't taken anything out hasn't dumped anything since I talked to him last week um and he's basically asking for about seven days to clean up what's going on out there and it's just stockpiles of stuff which is's a going to sell um and then he's he's already got a new place uh in New Bedford is this agreement fine with you um yeah I think maybe the only thing is is like I'd like to go out there and take a look at it after he's all cleaned up absolutely um and and move on from that I mean he he he's a respectable person he just this is his business I don't think that he meant to get involved in this he really thought he was doing what he was doing was okay um he didn't understand all the the you know the the minutia of it all I mean of the fact that he needed to ask but they are taking care of it yeah not doing anything they stopped based on the cease and decis I mean they're going to clean up the ACT if you guys say yes we're going to move forward I will let him know tomor and I will let him get started you know based on your recommendation get started taking the stuff out he said he could do it in seven days it's just a matter he's got piles out there of stuff that he's going to sell you know so he wants to just put those in the dumpsters take it out and sell it um we I think he's got a couple of dumpsters that he brought back from cleanouts that he wants to just SAR out quickly put the stuff that he needs basically seven days to clean the whole place just watch for some just watch for places that you see freshly dug no he listen I have I I essentially have a a sign well you know I don't have to tell you look for places that's just noticeably been dug yep sure and then if it's been norly been dug say I want that dug up over there yeah then if there's garbage in the bottom or junk in the bottom that they planted then dropped the ball on them right that's all I can tell you is that seven days or seven business days well he said seven days so I mean technically I guess we can give him seven business days because realistically Shaman Aven only open on business the D so that's fair I think it' being fair it's him he I mean that's what we put in there that's whatc is seven business days we got a holiday coming up next Thursday people usually take Thursday Friday off yeah I wouldn't want the guy next door to have to sit there and listen to the clanging of I don't think anybody's complaining about well if it's a if it's a holiday Dave you shouldn't be out there working to begin with yeah so I'll have a conversation Thanksgiving right yeah I look at it as a holiday weekend and this is an illegal activity I don't want the neighbor having to listen to it if he took a 4 Day weekend well Joe constip like that you don't want him out there that day that that weekend yeah I would stipulate that Joe so he's got this week I mean I Wednesday Thursday Friday you know and and nothing you know he's got until Monday and then if he wants to do anything like that then you know the following not going to be able to do anything on Thursday anyway Friday yeah you you got a lot of rain coming Thursday this week again most of this stuff I well he's willing to clean it up so you get already got another place so we got to give him some time to clean it up that's and it's not and I take seven bus days it's not it's not this horrific terrible mess out there it's actually very neat it's it's you know in the sense of what it is it's sorted it's not it's not like junk everywhere it's not like junk everywhere he he he has a business a recycling business essentially of what it is is and and so he is very careful about what he can make money from and what's going to go that he doesn't have to bring to the dump because it's going to cost money to go to the dump if he can if he can donate something he's going to donate it so it doesn't go as weight into his dumpster and get charged for it so again it's not it's it's it's very thoughtful what he's doing he's doing a good thing he's he's doing a good thing he's doing a good thing he's just doing it in a area that's not allowed to do this and I like I said unfortunately I think without him really knowing it he kind of got in this situation where he thought he was doing a great thing in a place that he thought he could be doing it right makes sense thought his own business or something right that's what happened I would say that we give him the seven days and joke and monitor it as as it progresses as the clean up make that a motion I just made that a motion so the motion is to give him seven business days effective tomorrow beginning Joe and Joe Monitor and Joe monitor the situation and explain to him Thanksgiving Day weekend just tell them the holidays and the weekend holiday is off can't move stuff around yeah is that all right with you my motion there's a motion is there a second yep all in favor motion right yep yes Dave yes sir okay yeah this is his life this is his business and and and to be quite Frank with you I'm sure it's going to happen fast I mean he does his dumpsters are tied up so he can't work he can't do anything so he wants to clean these things out so he can move on you know so okay we'll take him at his word y all right um I'm going to move on to minutes before we go to the fee comparison so minutes we have June 4th one minute when's this uh seven business day start tomorrow tomorrow tomorrow yes in the middle of the week huh yeah I mean I'm sure he wants to get back to back to work and I mean he's got all Monday he's got you know if he has Wednesday Thursday and Friday I mean I'm sure you can move a lot of stuff around see the thing is these guys know they're in trouble Monday Tuesday Wednesday next week and right this this guy knew that this was going to happen he should have came to a meeting and talked to us well I suggested he could come anything think com no I mean we had a conversation about what we're having a conversation about the guy was but it's good if you're in trouble about something you want to represent yourself if there's a question to be asked you can ask the board he was legit upset like I said I think he he he I know he did he got involved in something that he didn't realize he was involved he thought he was legit doing what he was doing and when he realized he wasn't he was more than willing to do whatever he needed to do and just like that found a new spot to move to okay no questions asked he just did it all right what's this fee thing why we compare it oh I was going to skip to the minutes just to clean it up um June 4th uh looks like it's going to be me and Tommy voting Bob was there for 4 minutes is there a motion to approve motion to approve second the motion all in favor I July 2nd same Bob was there for 4 minutes so we so vote on the last Mo I wish you would explain why Bob has to leave in minute these people are going to say why is this guy going to a meeting only spending four or five minutes at a meeting explain to these people why I PJ keing meeting and you're not allowed to be there pretty simple cut and dry okay as long as people know why am I attend my meetings so July 2nd Bob was there for 4 minutes we been it was for 4 minutes yes it was another PJ keting matter is there a motion motion to accept I'll second the motion all in favor of 20 you can vote on this one Bob oh no maybe you the last one was AUST you're very consistent you were there four minutes for that one too hey I attend my meetings though don't I on the AUG one too yes the a they're all PJ keing hearings yes so is there a motion to approve motion I'll second motion all in favor I motion passes to all right last on the agenda we have a board of health fee comparison all right so there have been some talk in in the town uh in regards to taking a look at our our fees I know um the building department was taking a look at the fees and the potential uh you know looking at the fees to see if they was any room to uh maybe add a little Revenue to the town um so we took an opportunity to just me and Wanda to to mostly Wanda really um to just grab hold of these and just take a look at some of the surrounded communities and see where we stood to see if there was any you know any room for movement um obviously there's a tremendous amount of budget constraints around many of the communities including our own um I know we're taking a look at currently um doing some online permitting um we're trying to I guess there's a grant that the plan is working on uh that could potentially get the whole town uh onto online permitting but of course we would at some particular point in time after the grant was over have to to pay for that so this was a this was a thought not that this is going to be direct Revenue to help pay for that but again it was just it was time just to take a look and see where we stood in regards to different communities around us and if there was any Revenue that could be uh had uh we averaged some of them out uh just for you to take a look at some of the communities but I simply say take this with you um and continue to think about it it's not anything that that has to happen or has to happen in a rush um um if it's something that we want to put back on the agenda at some day at at some point um to discuss be happy to I'll make a motion that we take this home and review it it's just second l two all in favor I will take a home and review um I know I had an initial question I was confused about something see if this Pops in my hand here oh I wanted to ask you uh food of service establishment what does that mean does that mean that they charge the pen up between 100 and 4 450 and it's per seat well it's it's set up per so how many seats there are not per seat how many seats it's not it's BAS based on the size of the facility basically that's really what like the VFW only have C certain amount of se you go to the Sentry house they have like 500 seat exactly exactly when I saw that I was like this like seems pretty unfair are you opening up a place for potties and stuff me yeah no you don't have enough things going on no I just I think I looked at it quickly and I like person yeah no it does look that way yeah it does but I I get it I get it it's graduated it just yeah CL okay all right so we'll take that up at the next meeting um we have to set the next meeting or do we have a set for PJ key I think we had it didn't we like when we continue for 3 months didn't we say the first Tuesday in December Y and that's right at the moment first Tuesday in December December second let's double check on that the third December 3rd December 3rd taking this home yeah but that's that would be just PJ keing correct that's correct and for we don't need do that at the I was wondering do we we the last two meetings we had more people from PJ King than any neighborhood I don't want to hold there I'd rather just do this might be a little too small conven December 3rd December 3rd okay so um you'll have an empty seat with me for four minutes realistically I mean there's there's a there's a fair amount of people involved I mean the best that I could say is we could try to do it over at the police station if you didn't want to do it at the Council on Aging um you know it's very sketchy to try to get access to the selectman's meeting room uh it tends to be difficult all right we'll just the same venue we'll do it the same venue so everybody knows I I'll us the neighbors are close by so you think you can get a head count for it maybe and then see where we can go from there you can't take that for granted just do it at the council last thing I want is to have to cancel the meeting and then have to try and find another date yeah and it's been a long so realistically it's been a long time there might be some different people that might have been affected or not affected that want to show up so I think that's reasonable to be over there yeah okay yep all right with that said um is there a motion to adjourn I'll make a motion to adjourn is there a second yeah all in favor I [Music]