hey welcome everybody today is Tuesday April 6 4:31 p.m. or 4:30 p.m. and this meeting is being televised to be being recorded to be televised on zoom and on YouTube call to order Patrick McGovern pres Paul patrio present Pledge of Allegiance [Music] pledge allegiance to the flag United States of [Music] America [Music] godice did anybody hear from Nicole yes she sent an email today um I know you didn't see your emails yet yeah her address she has nothing to report and she couldn't make it tonight she apologize okay school vacation week everybody all right Jim heal director yeah the only thing I want to bring to your attention that isn't on the agenda tonight is solid waste plans to meet next Monday at that meeting there might be recommendations uh for the solid waste program specific uh recommendations there was some talk at the last meeting about possibly calling it as a joint Board of Health Solid Waste committee meeting um so that uh you both could be there and hear what is said firsthand so um you just want to give me a little feedback on your thoughts on that otherwise I would come out of that meeting with a full report with details for you on the solid waste program which will help answer your business questions that stay on the agenda every time we meet what's the when's the meeting Monday I believe it's Monday yes this coming Monday yes what time they're typically in the afternoon 3 to 4:00 okay I can check before we close tonight and verify if that's been posted yeah I should be able to make it so I'll verify the time and if that's the case I'll have Elizabeth posted as a meeting okay okay and uh now the trash bag lender agreement has anything to add I think that stuff was all going to be flushed out with the recommendations of solid waste just find it this is the agreement question anything to say about this everything F the only thing is uh we should probably look at the language in there about outstanding invoices due I don't know if we want to strengthen up the langu in there um we've been doing really well collecting Elizabeth has been um after the vendors but one of the vendors still continues to run in Aras so either it's something we live with or um we do something and get to try change the nomenclature to help stiffen up um our position on outstanding balances Elizabeth currently there in excess of 20 grand correct yes yeah so it has come down but they they tend to hover 20,000 outstanding so what's your recommendation do we approve now and add that or would you rather us no I would I would not approve until solid gives its recommendations at next week's meeting but if you want um if you don't think that language is strong enough and they we can try and work on that in the meantime okay and if you have any suggestions I'll be more than happy to take into consideration all right so you suggesting table this I I am yes okay if you'd like I'm not sure I know this has been on week after week um if it's a posted meeting for Monday and you are satisfied with what comes out of solid waste you could approve this that night okay all right can I get a motion to table us make a motion to table us second I I [Music] okay so that both basically the the trash bag vendor agreement and the overdue is all the same yes okay I believe sorry I believe that's the only vend that's has outstanding B cor you oh okay it's the next in packet next sheet what is that the next sheet in the packet has yes balance oh yeah okay majority of them will pay once they get their next order place but there is two that I asked a couple of times for a payment and we haven't got a response who was that from uh Dave's actually sent in a payment last week I forget scrp that but he still owes from September of 2023 uh Under the Sun I reached out to her once and I had the health agent also reach out to her and she still hasn't made a payment okay value gas they'll pay once they get once they Place Another order and then anes is 18795 pass du and then 177,000 which is within 30 days okay so in total they're up to 35945 and Dave hasn't tried to order has he no he just paid off his balance yes okay I have I have a question so you said and and I know this has been past practice where a vendor will receive a delivery and then on a subsequent delivery they pay their previous ballot but that could go on for several months correct it could take them a while to get rid of the that they order so I don't know how the board feels I don't know if we want to add n CER to the agreement where if the due balance becomes more than 30 days P due they need to send a check in I mean if it takes them two or three months to sell an order of bags you know we're waiting for the money right just a thought yeah I think that they should be making at least a monthly payment of what they've been using okay we have change the agreement right we'll work on that before Monday's Solid Waste meeting thank you okay all right so now we've got the storm order the stor [Applause] yeah in your packet there's a letter I'll read it for the record today Board of Health please accept this letter as notification okay hold on Jim sorry pleas I just want find the letter as you're reading it okay which one is it the one that I signed what's that the letter that I signed well the one you're going to read of this this is the agreement no it was right after the balance is should be an order of the meeting let's a flip through the Elm [Music] Street that's the one okay sorry about that go okay so as I said um this letter is written by me I'll read it for the uh Board of Health please accept this letter as notification of a waiver variance request for a proposal excuse me a proposed project located at zero Elm Street said project will include an unconditioned commercial storage building without any habitable or employee spaces this project seeks a request on the provisions of the subdivision rules and regulations by law specifically section 4300 storm water management subsections 40320 regarding the use of above ground or open storm water basins I have included the relevant sections of the bylaw here in and attached to it is the actual bylaw as it's written in our subject rules and regulations 4320 specifically says the use of a above ground or open storm water detention retention or infiltration facility is prohibited once a guance is granted by the D Board of Health so that's the reason we're here anything further on that I'm going to defer to the engineer who's here tonight hi uh my name is Tom Morris with Zena Consulting Engineers um so what we're proposing is a storage building um the gray hatch is pavement around it um we're including roof recharge systems uh what you say underneath the pavement recharge yeah to infiltrate the groundw into groundwater okay and then the variance that we're asking for the open Basin is a basin right here um that the entire project goes into um all the impervious area and the reason we're asking for the variants to do the open Basin is uh subsurface on this site if we were to do everything subsurface would be very difficult um because of the slope um so as we're going up the sheet we're going down in elevation and these are all all of these gray lines here are one foot in elevation you can see it's it's quite a bit um quite a drop right here from the limit of work we go from 60 to 35 down here um so if we did subsurface we'd have to bump out that Upper Grade and it would' be tough to we probably have to do a big retaining wall um it's also difficult to maintain the subsurface so we prefer from a maintenance perspective doing the open basins um the subsequent waivers we're asking for um most of them are related to the Basin [Music] um if the waiver for open Basin is granted they have design standards for open basins that don't really apply to the type of basin that we're proposing um therefore typical detention B Drive detention basins um what we're proposing is a constructed storm poet Wetland which has a permanent pool of water and there's Wetland vegetation inside to help with treatment so it actually it provides a greater treatment than the standard open detention Basin which all these um there's several one is for not having a permanent pool so we're asking to have a permanent pool one is for a depth greater than 3et um and that's just again because of the site it was difficult to get storage volume without making it Deeper Than 3 feet otherwise we'd be pushing this grade out we' need a retaining wall on the but on the back side um one waiver is for a Channel Through the bottom of the Basin um and that's really only applicable for a dry Basin where this is being wet it's really doesn't apply same thing with the sloped bottom um we're asking for uh 3 to one slopes on the inside of the Basin rather than five to one um same reasoning really to limit the amount of work on the site and avoid a wall and 3 to one slopes are typical from the state perspective and every other design we've done is typically three to one so another waiver we're asking for is no pre-treatment prior to the underground chamber Fields um so these fields are taking only roof runoff so that from a storm water perspective is considered clean water so there's really no need for pre-treatment um now when you say only from the roof what about from the asphalt the asphalt's all going to the open Basin none of that's going to the subsurface okay so these are only to meet a specific standard um under the state guidelines for storm water to recharge to groundwater you have to meet a minimum so we we provided those for the roof area to meet that standard um and the last waiver is for drain pipes to be installed with less than three feet of cover um this is another one almost every town has that regulation and it's probably at this point just outdated because it's for it's meant for RCP pipe concrete pipe um and what we're proposing is uh hcp the plastic Cor ated pipe yeah and the manufacturer ads um only requires a foot of cover to be H20 loading with vehicles on the pavement so we're providing it's at least a foot and a half of cover on every pipe and that's something we we generally ask for a waiver on almost every town has that regulation yeah it's pretty standard Jim got uh some input on this yeah one thing that I see and I'm not sure of our regulation with all that do we have a regulation on how much green other how much grass a property has to have versus the assas no that would so I think we probably should have prefaced that this has already been approved by the planning board oh sorry it's just the planning board hasn't doesn't have the authority obviously to Grant the waiver that comes from the bo but this has already been embedded by the planning W and the planning WS review engineer and conservation and conservation so to answer your question there are vegetative buffers that are required but that's all been addressed through the planning board special permit um and it meets it meets all the requirements the only problem is this wer request that's in our subdivision um bylaw okay so um that said said I I agree with everything the uh the engineer has said I do think some of the regulations we have are outdated uh haven't kept up with the changing in technology ands uh the only thing I will add is that if you are going to have standing water in this Basin um that any depth 24 in or deeper would require a fence around the Basin so I don't know if that's in the in the proposal or not yeah we are um providing a chain link fence so there's a guard rail along the pavement here and then from the end of the guard rail around the entire Basin we're proposing a chain link fence and that'll have a gate over here for maintenance to be able to get in and the only other thing I'll add is that this is a fairly common practice to treat storm water um you know as the engineer indicated you have specific types of plants in there that do their job to make sure that they treat their suspended solids and Etc so it's it this wouldn't be something that's out of the ordinary okay so you don't have any objection I don't have any objections no okay you any questions okay can I get a motion to approve the waiver I'll make a motion to approve the waiver I'll second I I okay approved thank you you're welcome okay now potential Health concern concerns regarding the farm activities at 2651 Pleasant [Music] Street I'm sort of surprised that we don't have um the complainant here but in the absence of the complaintant it's on the agenda I will give my input so this particular property has a farm the farm has been ongoing for many years they uh have rights under both Master General law and through the uh Right to Farm byw which is locally adopted to run their Farm oh have a good nightc me is it the right to farm for five acres it's been reduced to two and a half acres okay yeah do they have that property requirement they have just about that um but the issue or I shouldn't say the issue there's been farming activities ongoing there for an extended period of time and this property has been inspected by the ACL so it was a farm that we knew was um established so you saying his grandfathered uh pre-existing I like to use the word pre-existing okay so the the the issue that uh was brought to our attention by a neighbor was that the area is subject to flooding um fairly extensive flooding the flooding then goes into some of the area where the animals are being kept however from what I understand and I believe there's letters in there from the health agent and from the Animal control officer uh animal inspector those cages or Pens have mostly fowl in them there's no four-legged creatures in there so um as I understand it there's no concern with their well-being if the area floods however the neighbor concern is that because of the animals uh uh defecating in the amount of feces that this Farm produces that when it floods that tainted water then runs off onto neighboring properties and in some cases into the Totton River so hence the reason it's before you tonight is uh is the farming activity and the subsequent flooding a hindrance to Public Health so I can tell you that I've seen the property on numerous occasions everything the neighbor is saying is accurate um and I also agree with the health agent letter and the uh animal inspector's letter so I'm here before you I thought that the neighbor would be here before you asking is does the board feel that there's a public health has it with what's going on okay I would would rather have the complaintant be here uh I expected both parties to be here actually right personally I don't feel I want to make a decision on it without hearing from both of them okay would you how about if we both send them an invitation by certified mail so we know they receive it would that and then perhaps put on the next agenda before I say yes uh how did it get on our agenda uh we have a written complaint that came in from the neighbor the first page of that it's the complaint then it had his letter and then it his if I WR one here J do you have any pictures of anything of the I I don't have any Mr Chan no did you put your did you locate the complaint EXC did you locate the complaint yes okay recess for a second I believe um the office man just says there might be pictures in the folder downstairs okay well take a recess have you gone out there and looked at it um because of the location of the property I've had a lot of permits in this neighborhood so I've been witnessed too it's um condition in all types of weather I've seen it dry as a bone and I've also seen it flooded where um it's probably a foot and a half deep across a lodge area of the property now we've only got one neighbor complaintant uh one written complaint that came in yes I I have heard other complaints in years past but there's nothing that I'm aware of currently okay I said I'm actually really surprised she's not here yeah me too I'm thinking that unless something happen she is uh maybe maybe something happened we'll give the benefit of the doubt right if we're going to send those certified letters should we send them out to all the neighbors that's up to the board I I maybe we should um maybe we should look at the pictures and then the board can see what the actual conditions out there look like all right I just have a hard time making a decision without I I haven't had a chance to go out there to look at it myself I don't know if Patrick did or not uh I think it's something that we should probably look at and maybe the pictures will show different but when we have a complaint come in i' like to hear from everybody well this was specifically on the agenda because the complaintant said she wanted to come in and speak to the board so I may maybe there's a legitimate reason that they're not here tonight right that's fine uh we could always table until it's convenient for them to get here [Music] okay thank you you're welcome is there any way of this water draining off supposed to come out of recess I'm sorry we supposed to come out of recess I we really didn't go into recess no um the uh I think the record should just reflect that the office manager stepped out of the meeting to get pictures that's all so T answer a question to my knowledge there is no drain nothing drains this area off um mother nature takes paramit through evaporation or percolation could there be some type of a drainage put in that's been tried in the past the town did offer a drain to be installed at the southwest corner of the subject property which is where the farm is located and the owner of the property uh denied access to install the drain okay so we have tried to help alleviate the the the flooding issues all right but without permission the land owner we put the drainage in and again not to repeat myself we can't have a conversation with him without him being here yeah I would encourage you not to I thought tonight's meeting would just be sort of a fact finding event and then you know we could we could have continued this to another a meeting after a site visit and right I would like to do a site visit and invite the property order here yes uh Patrick any discussion all right uh can I get a motion to wave to uh wave to table this until we can notify the complaint and the property owner and possibly the other neighbors to get everybody's opinion at least we can have we can have a chance to go out there and do a site visit and we get people in here so we can ask some questions so we talk about it yeah I mean if somebody filed a complaint they should be here so I don't see the need to send anybody certified letters okay if they want to make a complaint and Comm in up to them I mean these pctures are from 2015 I don't know the date on it's what the the date says 39:15 it's 7:15 in the morning so it's been going on a while I haven't heard about this in a long time this is the first time has come back up no I I heard about this years ago before I was even on the board uh but I haven't heard anything since either uh so correct me I'm wrong Patrick instead of us uh tabling it should we make a decision that we're not going to entertain it until we have them come in yeah I mean I I have a hard time making a motion on something that is from a a person that filed a complaint that's not here to talk speak on the complaint I don't know what to vote on or right I agree I'm not going to go check the property unless there's a complaint issued and and somebody that can discuss it and explain it why so oh I I agree 100% And I think that you're right I think that we should make a decision to not table it but just take elction to take no action yeah and if the complain or want to resubmit and start over then we'll entertain that yeah not even resubmit they just want to show up I just you know we have background on it from Jim that you know he's seen it we have letters from our our health agent and the ACO and they they both see that there's an issue there but I mean right but without being able to talk to people we can't make a decision and uh what I meant by the reapply maybe it was the wrong words but if we make a decision to not make a decision then we're not going to do anything until somebody brings it back in front of us they're going to have to submit another complaint and at that time our office manager can let them know that any complaints we need the people here so can I actually like that practice so maybe in the future if this ever happens again we just table it or take no action if they're not here right this won't be the last time we get a complaint so oh yeah I I mean I think this should just be take no action until we have yeah we can't take action unless we have somebody that's here to tell us their side of the story is why they Fil A complaint that's a good idea and we're talking one neighbor against the other I'm sure there's other neighbors around there if they're if they're willing to Comm in I'd like to hear what they have to say you know they might have five neighbors and they don't care and we have one and not knowing the situation sometimes you have issues where neighbors just complain about neighbors because they don't like neighbors we don't want to get involved in that no can I get a motion that we're uh not going to take any action on this because we don't have a complaint we don't have any information don't make a motion we take no action on this I'll second it I I okay that's done public inut was who was this that uh I get my emails uh that came in last Friday correspondence came from Maro yeah I guess historically the town clerk has always attended gravy clinics yeah she's in control of licenses licenses I think J yeah so I I was unaware I I queried the people who had been to the clinics in the past and I wasn't made aware that the clerk usually attends so this was just an FYI I went over visited the clerk today told us she was not omitted purposely we would love to have her there so she's agreed she's coming to give out um information on proper licensing of dogs she's coming to tonight's meeting no to the vaccine clinic oh okay so I think Mr Pico SEL Pico just wanted us to be aware that the clerk's office isal part of that going forward um but I sure everyone at home the clerk was not omitted for any reason other than I didn't know the clerk usually was at the vaccine uh the rabies clinic right me either but the current town clerk mrss Costa will be at the vaccine uh rabies clinic the 20 I believe it's the 26th or 27th of this month so she'll be there um I know we already have Flyers out there but is there a way to like put a note on the Board of Health Website above where you put the fly or something that perfect just the Clark will be there for dog licenses or something yep that's great you'll take care of that Elizabeth okay now shouldn't it be on there even if the click weren't there I'm not trying to eliminate her when people come to the to get the the Raby shop shouldn't they automatically have to show the license I I believe so yes um but but that's a quick job to do that yeah I believe so yes I don't I don't know exactly how it works um well you need proof of rabies to get the dog license I think that's where she's coming from she's as they're giving them the vaccine she's probably issuing the license they one if they needed one right right right so we need to take any action on this no that was just correspondence just to let and I just want everyone to know that the know we did skip over public input is there thought you asked no one was here right no no one on [Music] Zoom asking if he has any public input that's Jonathan Gale Jonathan are you there maybe his computer's not working right yeah on we're all done I don't think he I don't think I didn't see the thing up there I don't think he wasn't waiting on oh I guess we have no public in but I would think again same as with everybody else here he has public input that didn't want to be here right I try one more time to see if he's here no he dropped off he's gone he's gone okay so there is no public input approval of the Mee the minutes for April 2nd 2024 I make a motion to approve the minutes as submitted for April 2nd 2024 I second it I I okay minut it's approved and I get a motion for an adjournment make a motion to adjourn second I I meet adjourned thank you everyone thank you