Hey, welcome to the Gardener Board of Health. It is Monday, September 22nd, 2025, and it is 4:35 p.m. Any person may make a video or audio recording of an open session of a meeting or may
transmit the meeting through any medium subject to reasonable requirements of the chair as to the number of placements and operational equipment used so as not to interfere with the conduct of the meeting. Any person intending to make such a recording shall notify the chair
forth with all documents referenced or used during the meeting must be submitted in duplicate to the clerk of the board or committee. All documents shall become part of the official record of the meeting. And um first item on the agenda
um meeting was called to order. Um we do have one member absent tonight um but because because there's three of us out of four. Um because one empty position is not filled. We do have a quorum. Um public comment on agenda items. 2 minute
time limit per individual. We have no one here. So there's no public comment. Next item is review minutes from July 21st, 2025 board of health meeting. So, I was at that meeting. Um, do you
still need three to vote for that? Um, oh, we will. Yeah. So, you may have Okay. All right. We can um yeah preliminary comments or right if Emma if you have any comments on them I know I did find two um typos so
okay yeah I'll take a look but [Music] we do not okay the only thing I have is on the second page towards the um next to the last paragraph it's um not it's the arble virus report um which is uh
needs to be corrected and then on FEP it's just a typographical it should be ph um and that's for the um actually the P stands for public
health emergency preparedness um program. So that's the only thing. But we will hold off on voting until the next meeting because um yes, we do not have a quorum for that. Um
the next item is the well regulations review, discuss and vote on. We have the final draft of the board health regulations for private wells. Um we've been discussing that. Anybody has
had a chance to lay down completely. Yeah. Honestly, it's gotten a little confusing as far as the various like I know we had several series of changes and I think you guys discussed it again
at the last game. Um, so this is a finalized version based on all that I guess and yeah, it looked like everything was updated as I think at the last meeting when you
weren't here um we clarified some things as far as like rental properties go and we put in there that um renters can request either a copy of their will quality report or if it's too old they
can actually request a new new test I think that's over five years. And then we put in the like effective date I think to be January 1st 2026.
Okay. So I mean if you worst case if we implement these and some kind of a recurring problem comes up we can always revisit this and amend them. But I think at this point um
and part of um once if you vote to approve I I'll have to send a copy to D and they'll take a look at that and if they have anything to say on that end as well and I think we also kind of defer to the
Possit and everything rather than spelling them out specifically. I took out the specific numbers that are set right now and so we will just be matching whatever the current numbers are from EPA.
I mean there were some were there some we had that were more restrictive or um um or was there a reason for that? And I guess that would be my only question if we I think we went with all the their
recommendations from regulations that they put because that's going to be fluid anyways as it changes from time to time. So yeah. Okay. entertain a motion to accept or not accept the well
regulations. Um I'll make a motion to approve. Second. Any further discussion? Um I do remember also there was one we discussed about um if there was a property exchange sale
or transfer that um that was a discussion and we did um change all of that wording so that they do not have to have a copy right or
um that that was one issue We kind of eliminated where Right. We We just eliminated that. Yeah. I think it was going to be problematic, right? So, we did eliminate that. Took all of that out. Seemed to be something that would have to be statewide. Right. Right.
So, it looked like everything was all pretty good, you know, as far as what we had discussed and and I agree with you that if after they implemented, after they go to D or after they're implemented, if there's an issue, then we can always read this
Okay. So, all in favor of um the new reviewed, revised, and updated well regulations um Emma. I sure and myself I So, the new well
regulations are passed and will go into effect January 1st, 2026. Do we have to sign anything on them or That's a good question because I didn't see um page at the end.
Yes. At the next meeting, we'll make a fresh a fresh copy. Okay. Okay. Next item on the agenda is Title 5 local upgrade approval application for
Nine Stone Street. Micah, do you want to give us an update on that? Sure. So, Um that address is a system that was determined to be in failure and needing a replacement system.
Um based on how it's situated with the well and wetlands, um they're kind of limited as to where it can actually go. So they are requesting a reduction from 4 feet to 3 feet for the distance
between the bottom of the absorption fields and the high groundwater level. Um and that is something that is um allowed for in title 5. So that's it's different from a variance
in that it's a a system that's in failure that we want to get back into maximum feasible compliance which would be a functioning tank and absorption system. Um the only place they can really do that is they'll have
to reduce that distance. And I did print out um the provision in title five that kind of states that it is acceptable for us to um lower that. It's within we're not
changing anything in title five. It's written in there as a provision that as long as um the conditions are met, it's okay to reduce that. Um so the conditions are that an approved soil evaluator who is a member or agent of
the local approving authority determines the high groundwater elevation. So I was I was there to observe that and help determine that with them. Um so that condition is met. Um
the percolation rate was 10 minutes per inch. Um, so that would uh where is that? So that meets the requirements as far as percolation rate. If it's higher or lower than that, there's there's
different criteria for that. Um, the system is a failed system with a design flow of less than 2,000 gallons per day. Um, it's at it's a very small system, so it's at 220 gallons per day.
Um, there's no no increase to the plan design flow um based on that. So it's still going to be the same size system and then there is no reduction in the setbacks required. So
it it doesn't have to have any changes to the setbacks as far as where it's located right now. Um so those would be the four or five criteria for proving that upgrade approval which have been met. So what What triggered the upgrade? Was
it is it just failing and and it's creating a problem or is it the transfer of the property? He is looking to sell that property. So, we've got the inspection done and was determined to be in failure. Um I'm not quite sure what the failure
criteria was, but it's not it's not backing up or breaking out or anything like that. It's just not meeting the current requirements. So there's no redesign of the plan or anything like that? Um, so they are going to have to build a
I've already gotten a plan for a new system which I reviewed and it met all of the the regular title five criteria for the plan aside from the 4T groundwater.
I guess I don't know on these I always feel like I ask you know I mean is it a matter of there's another way of doing it at greater expense or there's really no practical way of of
uh locating it that you wouldn't still have that same problem. Basically it it's it's that so we're trying to get there's no way to connect to sewer. um the system is failing, so it needs to
be replaced. And based on how the lot is situated with the well, the current system, and the wet wetlands that are nearby, um it's pretty much the only place it can go to get back into being a functioning
system. And you're comfortable with that reduced uh offset or whatever the Yes. basically. So in title five it says the approving authority may reduce the required 4 foot separation
um between the bottom of the soil absorption system and the high groundwater elevation if those conditions that I listed out that. So it's um something that they've kind of added that provision in there for these kind of situations
and it's obviously clearly a big improvement over what's going on there now. Yes. It's a It's an older system, so there's definitely an improvement here. Okay. And no threat to any adjoining properties by virtue of that
reduction in the No. And it's it's kind of at the end of a culde-sac by itself. Um, and it still has great great soil underneath. So, it's still going to be percolating through just a little bit less. So,
And just to clarify, um, so this is a local upgrade approval. So usually what we get coming before us is when they're looking for a variance. But with this, it's
something that falls all under title five. So yeah, I can I can actually expand on that a little bit. Okay. Um, the difference local upgrade approval and a variance. Um, so a local upgrade approval is only
allowed for a failing an existing system that's either failing or non-conforming. Um, and it's meant to restore that system to maximum feasible functionality.
Whereas a variance is something and and a local upgrade approval has criteria written in there like for example this one where they say you're allowed to reduce 4t to 3 ft to gain maximum feasible compliance.
Whereas a variance is something where you'd be completely varying something from title five like a setback distance to a well. Um you'd be granting a complete change from title 5 something completely different and that
could be for a new system or replacement to a system and I can can send you out some more information on that. There's a pretty good slideshow from on the difference between the two
because it does get confusing as far as what is an upgraded approval versus what is a variance. Do both of them cover new systems. So with this he's are they
putting in a new system and by that at that point then they're going to go from 4T to 3 ft or are they just going to make an adjustment to the system that exists or does there make a difference? So the the local upgrade is for existing
systems only. Okay. Uh it gets tricky because if you sometimes if you need to upgrade a system it means you're having to an entirely new system. So they don't consider the new system though in that
case they consider it upgrading the current system. Um and then a new system would only be something where it's a new build or it's a house where they did an expansion and they need to increase the the design
flow to add a number of bedrooms. Um something along those lines would be considered new construction. So, there's a little bit of a nuance in title 5 as far as um an upgrade versus a new construction.
And the only way they would come before us is if there was a variance that we would have to look at and discuss or this change in the local upgrade approval that I'm just trying to Yeah, it's kind of hard to wrap your in
my head around, but um yeah, so like a variance would be something like if they didn't have enough footprint at this location and they would have to do some kind of like alternative system. That would be a variance.
Whereas they're doing the conventional system, it's still uh just a local upgrade approval because they're only trying to alter that one provision. Okay. So, and you recommend this is okay.
Make a motion to approve. Second. All in favor? I All right. So, it is approved. Um, next item on the agenda is discussion on authority for title five
local grade approval, which we just started explaining some of that to us. Yeah. And and um I didn't have enough time to really get enough materials to explain it better, so I might keep that on the agenda for next time. But and
sometimes they will let the health agent do the local upgrade approvals um since they're all kind of already written out as far as what it can be. Um and then they leave the variances to the board of health decide. So, that's something I'll
propose at the next meeting is um if if the board wants to suggest doing something like that because you approve title fives all the time and if there's not an issue, we don't have any, you know, we don't
hear about it or it doesn't for us. Yeah. So, it's I'm kind of there. I have to review the plan and if I if I see something that would require or approval, I bring it to you. Okay. It's kind of a plan approval process.
So, so we can move that to discussion for next meeting. Um, next item on the agenda is the health department updates, which is landfill, leech, pump replacement, and groundwater, food
establishments, housing prevention, arable viruses, tickborn illnesses. Micah. All right. Well, I'll start with the um the Lee system. We have the the bid is currently open right now. We've had one
on-site meeting for biders to come look and ask any questions. We are due the number of questions we got, we decided to delay the bid closing by another week just to give everybody time to try and figure out what they
need. And we're also going to be having another on-site meeting tomorrow morning to let them take a look. There are some questions around the electrical system that powers everything. There's just really long runs of wiring
that go pretty much all the way around the outside of the landfill. And they wanted a little more time to to look at that and see if I could find out where the access points are. Correct. If it has brown wire, It's all buried
wiring and there are access points and I was able to find a few today. Some of the other ones are just um kind of sedimented completely over and we'll take a little bit of digging to find. But um yeah, so that the bid's
going to be closing on October 1st and then we'll hopefully have some bids to select from to keep the project moving forward. And the goal is to get that done as soon as possible depending on
availability of parts and just how the weather goes for November, December. So, I'm hoping we'll we'll get a few bids and we'll be able to keep that going. So, it sounds promising. Have had
a lot of companies interested. Good. And the I did have a quote I made for that before we opened the bidding just to kind of get a base idea of where it might be. And it was right now sitting
near $168,000. And do we have the funds available somewhere? We have about $115,000 that was uncovered for this by Lauren, I think. And so I've talked to John and he
is on board with going ahead and we will request the invest of the money as needed. So I'm basically just going to be spending the land full on this and we'll we'll make it happen. So he's on board.
Uh it it's at a point where it needs to be done and there's really no no way around. this process started back in the morning. Yeah. So, it started with her and then it kind of got
tabled after she left and so we're back again. And it's definitely the highest priority as far as potential threats to have something go wrong and impact the environment surrounding properties. So,
um Do you have any concerns if that fund is depleted if that could impact anything else negatively? Um, so the only other thing Yeah, the only thing we are we do have a we will be able to pay all the bills for
it. So I think even if it gets depleted, we'll be able to move some money around and cover everything that we are covering because that also does include our uh environmental monitoring contracts with the CDC for the landfill.
Um on to the transfer station. Um, our transfer station supervisor is still out on extended leave. Um, so that we're not quite sure um when that's going to be over yet. Um,
but we've been still getting a lot done. Eric Fabin's been helping out a lot and um we've actually made a few improvements. We've been able to exclude anyone who was kind
of using it for commercial use. Um, we've improved the safety with uh establishing like a safe lane of travel for the front end loader. Um, we've established that there's certain times of day when it can be run and certain
times when it cannot. And we also bought a set of stairs for the bay number two. It was a higher distance, so it was a big step. Um, so we do have two sets of stairs with railings for that
bay. And we're going to be working on something for the other one, as well as safety railings to avoid anybody ending up falling in the containers because that's still concerning out there.
So, um, we are working on that. I'm also going to be looking into switching over to trash compactors. Um, so that would save us that kind of having to deal with that situation. We just be able to walk up and put it in
the compactor and we wouldn't be overlooking a 10ft drop or whatever that is. I think that also is going to cut down on our costs and probably pay for itself just with the amount of trip charges because that
could significantly reduce that along with having eliminated these kind of commercial users that were in there. We've definitely cut our trip numbers down already. That's good. And it would just be much better as far as
efficiency up there with with fewer collections and everything else. So, um, we also were able to get the DPW to come work on the drainage that is on the border of the the transfer station lots.
Um, we had water coming off the landfill through the lots and then we had uh basically an erosion blowout right behind where we have the big open trash containers and it was kind of encroaching to where we didn't feel like it was safe to
operate the load area, but they came out and and shed all that up for us and we have new erosion controls in place for that. That's good. They prepared all that training. So hopefully everything that drains off the
landfill is going to get directed back to where it was supposed to be going and not creating like a big ice sheet in the the middle of the transfer station lot. So um we also at the transfer station we do
have our swap shop open. So I'm so excited about that. It's currently open just on Fridays and Saturdays. I kind of wanted to limit it till I saw how it's going. So, based on what we've seen, I'm just going to plan on opening it up every day that
the transfer station's open. Um, it's definitely starting to fill up. So, we have more stuff for people to look at and we've had a lot of good stuff donated for that. So, can anybody go down there and go into the swap shop? Right now, we just have
it open for transportation passholders only, just because if they bring something and it's not something we can accept, we can still dispose of it. That is is going really well. Um,
we also recently had to switch our our metal hauler was male medals. Um, we were getting more and more delayed in when they could come pick things up. So, Eio Harvey's going to be doing our scrap metal for us. One
change there is that it no metal was taking everything. Like you could chuck like a vacuum in there and they would eventually get the metal out of it. With the eel Harvey, it's going to have to be raw, clean metal, plain metal.
And um this will kind of help us get things recycled more efficiently. So, if they have something that's part fabric, part metal, we'll still collect it. It's just going to have to be for a fee because it's going to have to go to raw
material recovery for them to process it and separate all the materials. Um, so we're just kind of it's going to be a little more costly for residents who were taking advantage of that, but we're going to be recycling more efficiently.
I I do have one note I just added. So, for curbside trash collection, um, our contract is going to be up in June 30th of next year. So, I started negotiating with Eel
Harvey, Waste Management, and GW Shaw. And so, we have reviewed their proposals and done some negotiating back and forth with GW Shaw and Neil Harvey. And we're going to be
continuing to use E Harvey for the the next contract. So, one that had continuity and I was able to get them to come down quite a bit on their original prices to where they're matching the other proposals. Um, so it should be saving us
quite a bit of money for that. So, that's good. So the three proposals were all pretty much at the same they were um Harvey was originally the highest and then risk management was
slightly lower than that and then Gusha was the lowest. Um and so once I got them I was like renegotiate it let everybody know this is where this is where this company's at. Do you want to submit a new proposal?
a few rounds of that. And right now, Harvey is is the lowest. Good. And they're not going to change any of their services. No. Um like they were originally going to try and charge us for yard waste collection, which they haven't for this
contract. Um they decided not to do that. So that's that's definitely helpful. And they are going to be helping us with the attempt to see if we can get out there. So, they have all our resources as far as that goes and that's
going to be really helpful. I feel like we've improved our communications with them quite a bit. Um, especially since Eric's been here and he he knows a lot of the people on the ground and who to call right away. So, we've had a much better
um communication with them since since he's been here. And I think it's important just for continuity sake that we won't have to switch companies and go through that whole process. We'll be there'll be some money that will be involved in that if
we were switching companies as well. So So there aren't any additional new fees that um outside of what the basic contract fees that we didn't have before or Yeah, it's all going to be pretty much the same um with no real major changes.
So that's great. Especially if they don't have with getting the trash compactors and stuff. Yeah. And they've been good. Like they donated a bunch of bicycles to us last year. Yes, they did. Yes.
They donated supplies for Keep Garden Beautiful. They donated a bunch of supplies for that and um gave us a free container for that. So they they definitely had some some
bonuses in there that helpful. Any more questions on that? Um on to food. We have not had any food born complaints since the July meeting. Um,
we do have one new establishment we just approved plans for. It's 22 Union Square. It's going to be called Joy Market and Bakery. And I believe that's going to be kind of a Brazilian bakery.
We also have Walmart is still in process of their plans for redesigning their uh customer pickup which included some of their food service for housing. Um I did do one partial
condemnation on the top story of a house uh due to finding out National grid had kind of disconnected the electricity, but it was unoccupied. So, we didn't have anyone being displaced or anything by that. And we're
going to keep working with the property owner happens to be a bank as far as getting that property in compliance. For uh prevention, Veronica just had a a big
display for Project Redemption at the Massachusetts State House. It was awesome. So, that was a collaboration between Alyssa's Place and the AD Foundation and um photography by Veronica Patty. So,
she did a a fantastic job and I heard it was I wasn't able to go well received and and all the photographs will be on display the rest of the month on the fourth floor of the state house. So, if anyone's down at the state house um can
go up and and view the photographs. There's over 200 photographs of people in recovery to try to demonstrate um you know that everybody deserves a second chance and redemption and and that people in recovery are from
substance use disorders. um are real human beings and they have families and lives and they are functioning in the communities and stuff and it it's just a really empowering um display of people. It's recovery
month in September so it's really nice and we had a quite a few of the um resource peer recovery centers were there um and a lot of different speakers and in support of recovery. So, it was
it was really a great a great um event. All right. So, moving on to argo viruses. Um they are we are starting to see an increase. Um so, we currently have 23 positive mosquito samples that
have been collected for positive for triple E. Um and those are mainly in Hampshire, Bristol, and counties. Um there's no human cases, no animal cases, and gardener remains at low risk
and there's really no other surrounding communities that are at a higher risk higher yet. No, I think no, just on the West Nile virus, I think there was a few. Was there Lester, Holden, Berlin? I just did the ones that are right next
to us, right? But there's nothing immediate. No vicinity. So Rutland, Princeton, Lemonster, Ashby, and that kind of group of towns. Case, but they were elevated to moderate risk.
So I'm sure if we have nice nights and days like this, we will have more more coming. Um, but currently there's 400 mosquito samples, uh, seven human cases, and one animal
case. But gardener is still listed as low risk, which is good. And if anything changes, obviously Micah and the board of health will let the public know. But right now,
we just need to get a nice freeze. Yeah. the the Central Mass mosquito control project does a really good job of as soon as they get something in your town, they'll they'll reach out to you right away and help you figure out what you need to be doing and what the next
steps are. So, they did um they did that last year at the very season. We had the one mosquito, right? It's it's also not been really wet. It's been dry, so helping a little bit.
It's been dry and cool, so they're they're not as active in the evenings, but we definitely did still make a recommendation for people to use repellents and long sleeves and pants whenever they're outside and especially
in the evenings. Okay, any questions in a busy month? And I'll just I added that uh we are having some vaccine clinics. Yes. So, we have one coming up at the PACC
this week on the 24th. That's going to be from 3:30 to 6. Um, the next one will be at the Benol House on October 6th from 9:30 a.m. to 11:30 a.m.
And then our last scheduled clinic is going to be here at City Hall in Perry Auditorium on October 20th and that's going to be from 9:00 a.m. to 12:00 p.m. Um, so that's one important note is that
we will have flu shots available. Um, I'm still Not sure if COVID vaccines will be available uh because we kind of decided to wait to see what trickles down from the federal to the state recommendation to what
insurance companies will reimburse for. So depending on how it goes, I don't know if we'll have any available for these clinics, but if it's necessary and we're able to get some, we will schedule some separate co clinics for for later
on. Yeah, it's been confusing to um and help me out if I'm not explaining this correctly, but so the federal health and human services stated that um the COVID vaccine is only
the only one eligible to get the COVID vaccine is seniors over 65, I think. Or was it 60? I'm not sure. She might be 60. And so that left leaves the whole rest
of the population without access to co vaccines. So Massachusetts um Dr. Robbie Goldstein who's the director of the DPH did um and our governor Moore Healey did
um sign into law or there's no law I don't know exactly how but a recommendation that um everybody
over age five is eligible to get a um COVID vaccine. and that the insurance companies had to reimburse for it. However, um and then Dr. Goldstein did give
standing orders for every board of health if you know we have clinics and stuff to do that. But what's not clear is yeah if um the insurance companies will actually reimburse um they would
for the seniors but anybody you know under that it's not clear and it's not clear as to even I've been hearing a few people that have gone to some of thearmacies to get the vaccine who are
not seniors and It's unclear as to whether because they're corporate, they're not, you know, a local pharmacy. They're I It's just really confusing. So, yeah, we're not sure about what's
going to happen as far as if um it would the CO will be available to everybody, but we do you think we'll have it for the seniors? I am not sure. We have MPHN meeting. There's an MPHN
meeting um Wednesday this week, but I think we will have more than that because the clinics are being um conducted by the MPHN. Um they're coordinating the clinics in all communities. So yeah, I'm not sure
about that either. So we will update as we find out. Um I said one last update. um unless any more cover vacines. Um I just have one thing. I would hope
that hopefully they state can get them covered because I know individual states make requirements for insurance companies on that level. So I don't see why this would be different, but maybe it's just a time. That's what the governor piece did and she made a
declaration or I'm not sure the correct term um of what she but she made it a mandatory and she passed and signed a bill that or it's not really a bill.
Help me out here. Yeah, I really got the updates on what's going on, but she did sign that. Yeah, I heard something on and made it mandatory that in in Massachusetts and I think a few of the other states followed suit, but yeah,
I'm going to do is the is the question and we just it's now just a matter of we we're kind of waiting for all that before we try to order any. Right now it's just a matter of when how much we can get. there's no like separate supply chains or anything because even with the
flu vaccines so um the director the head of health and human services and FDA they said that the flu vaccine was only reimburseable
if it did not have the thyarosol the marosol in So basically that's what's put in the multi-dosese files. So it's a preservative. Um the only vaccine that would be covered and reimburseable was the ones
who were single dose which are more expensive. That is what we ordered. They're all and what we had ordered the MPH had ordered initially was um the multid-dosese vials because they're doing clinics and it is less expensive. But I believe they were able to make
exchanges on all of that and they're all set to do the the flu vaccine. So that shouldn't be an issue. Um but yeah, it gets confusing with all the little intricacies and changes that are going on, but they've done pretty much on top
of it. We you know, we're pretty fortunate to have MPHN be part a member of MPHN and working with that. Um, so the last update is for staffing. Um, we found on Friday that we're going to have
a a vacancy for our administrative assistant. So Brandy is leaving us. We're sad to see her go. Um, but we are I think that should be have been posted today. So we're looking to refill that as soon as possible.
And then we've had a vacancy for administrative coordinator since March. And based on the workload we've had, I'm looking to get a part-time position for that as well. Wish well to Brandy. Um, and that's
good. I did see something something just before I came that there was a position open for so that's good. Um any other new business?
So set next meeting. Actually had a question. Did we actually vote on that local upgrade approval? I believe yes. didn't mean. Okay. Yeah, we did. All right. I thought you were talking about the um discussion of having you know when it it
comes up again, but we did vote on um Stone Street. Okay. Yes, it was approved. So, the next meeting would be um either the 20th or the 27th. Columbus Day would be
the week prior to the 13th or indigenous people, I guess. Um, I can do either one of those dates, I think. What's the month looking like? Um, let me see what I've got. I don't
have a lot on those days for my my calendar. So, I think we're we're looking pretty good. So, you want to go 27 last that works. And just um actually one other thing
to go back to your business was just the conferences. the MOA conference was the one um Mass Health Offices Association had sent information around I didn't hear back anyone interested but if you that is the first week of November I
think right and um you can take a look at what they have and you don't have to sign up for the whole thing you can pick a day if you see something that you think might be helpful but no pressure if not first we whatever.
Yeah. Yeah. I know it's out in Springfield. Um but I'll take a look. I know. Wild. Okay. So, um next meeting is September
27th. Take a motion to adjourn. And all in favor? I motion. The meeting is adjourned. It is 5:25.