Board of Health: May 9, 2022

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0:00 Good evening, everybody. Good evening. May 9th Board of Health Meeting. Pursuant to Chapter 20 of the Act of 2021, an act relative to extending certain COVID-19 measures adopted during the state of emergency, signed into law on June 16, 2021. This meeting will be conducted by remote participation. No in-person attendance by members of the public will be permitted. Specific information and the general guidelines for remote participation by members of the public and or parties with a right and a requirement to attend this meeting can be found on the Town of Marblehead’s website at www.marblehead.org-health under tonight’s agenda and tonight’s agenda. For this meeting, members of the public who wish to watch or participate in the meeting may do so in the following manner by inserting meeting ID number 434-701-1658 on Zoom or dialing phone number 253-215-8782 or 301-715-8592. We’ll start with a roll call. Andrew, please. Ms. Helene Hazlett. Present. Ms. Joanne Miller. Present. Dr. Todd Belfbeck. Present. Okay, so we’ll go to the agenda now. Our first item on the agenda is to review open meeting law complaints filed by Alan Waller on March 26 and April 25, 2022. Andrew, do you have some background?

1:34 Yep, so Mr. Alan Waller has filed two open meeting law complaints with the Attorney General’s office. One is regarding meeting minutes and one is regarding our waste revolving account. But we’ve discussed this with, or I’ve discussed this with, Town Council and the board can move, can make a motion to delegate the response of the open meeting law complaints filed by Alan Waller. To Special Town Council. So moved. Is there a second? Second. So I guess, you know, I think you have the actual motion. So I mean, I can either read the actual motion or you should read it yourself. Oh, all right. I’ve got it right here. Motion to delegate the response to the open meeting law, open meeting law complaints filed by Tammy Baier. No, Alan Waller. Alan Waller. I don’t have that much. I just said in place to put Alan Waller. No, so I moved to delegate the response to the open meeting law complaints filed by Alan Waller on 3 2622. 425 22 to Special Town Council. So moved. Second. Is Paul Bookley’s. Ms. Aline Hazlett. Yes. Ms. Joanne Miller. In favor. Dr. Todd Belspecker. In favor.

3:06 Okay. We need to review our meeting minutes and I’ll read all the dates of October 12 2021 November 15 2021 December 13 2021 December 14 2021 December 27 2021 December 29 2021. January 11 2022. The revisions, sorry my things sliding. The revisions that we need to make are to include lists of any documents used at those meetings. So I guess we have to vote for all of those to re approve the minutes as amended. That’s correct. Okay, so I’ll, I’ll ask for a minute. I’ll do a motion for each one motion to approve the amended minutes of October 20 sorry October 12 2021. Second. Miss Joanne Miller in favor. Miss Alina islet favor Dr Todd Belspecker in favor. Okay, now we’ll do the same motion, but for November 15 2021. So moved. Miss Joanne Miller in favor. Miss Alina islet. In favor. Dr Todd Belspecker in favor. Next, December 13 2021. So moved. Second.

4:36 Miss Alina islet. In favor. Miss Joanne Miller. Second. Dr Todd Belspecker. In favor. Is number 14. So moved. Second. Miss Joanne Miller in favor. Miss Alina islet. In favor. Dr Todd Belspecker in favor. And then December 27 21. So moved. Again so confused here. Yep. Second. All right, Miss Joanne Miller in favor. Miss Alina islet. In favor. Dr Todd Belspecker in favor. And to go December 29 21. So moved. Second. Miss Joanne Miller in favor. Miss Helene islet. In favor. Dr Todd Belspecker in favor. And finally January 11 2022. So moved. Seconded. Miss Helene islet. In favor. Miss Joanne Miller. In favor. And Dr Todd Belspecker. In favor. And while we’re on the minutes, why don’t we go out of order and just approve the minutes of January 18 2022. I move to accept the minutes of January 18 2022. Second. Miss Helene islet. In favor. Miss Joanne Miller. In favor. Dr Todd Belspecker. In favor. And then the executive session minutes of January 18 as well.

6:11 I moved to accept those minutes. Second. Miss Helene islet. In favor. Miss Joanne Miller. In favor. Dr Todd Belspecker. In favor. Okay. The next item on our agenda is the foul permit application process. This is brought up at our previous meeting. And we are going to review our. In favor. In favor. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. So we will have to go to our. Process. To see if we want to create a new regulation. And if we do so, we will have to go to a public hearing to. Change the regulations and then, and then we’ll go from there. Do you want to, you know, if you want to speak first. Okay. So we’ll have to go through the process since we just received it. Yeah. Which is totally fine. And so just so everybody understands. The board will be reviewing the rules and regulations relative to the keeping the foul within the town of marble head. This also goes along the permitting process. These review, the regs would need to be posted. So once the board’s going to be adopting these, these regs would be need to be posted for you. a vote may be taken. So if the board chooses to adopt these, we would need to hold a public

7:46 hearing to adopt these and obviously post these 48 hours beforehand. So this is going to take some time, but I want to just go through everything. So rules and regulations relative to the keeping of file within the town of Marblehead. Section 1, authority. These regulations are adopted pursuant to the authority granted to the Marblehead Board of Health by Massachusetts General Law, GML. Part 1, Title 16, Chapter C111, Section 31, which provides that boards of health may make reasonable health regulations. And Mass General Law Part 1, Title 16, Section 111 and Section 155, licensing of stables in cities and large towns. Excuse me, Andrew. Yep. This is a draft, correct? That is correct. So you guys could make changes or make a recommendation to change it. This is just covering the authority of that. So Part A, in the event of a conflict between these regulations and any other federal, state or local law concerning the maintenance of facilities and or the keeping of files, the more stringent requirements shall apply. B, if any section, subsection, paragraph or provision of these regulations is declared illegal or unconstitutional by a court or of competent jurisdiction, remaining portions thereof shall remain in full effect. Section 2, Purpose A, as the Marblehead Board of Health is responsible for the protection of public health, safety and welfare and Marblehead and the health of the public is dependent upon the

9:19 health and welfare of animals and the environment, these regulations are problem related to provide for the orderly licensing and regulation of file through the issuance of a permit to provide minimum standards for their well-being and safekeeping to prevent and or punish the improper care of said animals and to enable residents to have the opportunity to participate in the growing national trend for responsible small-scale agricultural production and commercial enterprises involving animals that do not meet the definition of commercial agriculture. B, these regulations are not intended to regulate the use of land for commercial agriculture. C, nothing in these regulations shall be construed as preventing the provision of more than minimum standards for the keeping of animals as defined herein. Section 3, Supplementary Definitions. For the purpose of these regulations, the following words shall have the following meanings. A butter, owners of the land or property adjacent to the applicant’s property line. A person will only qualify as a butter for the purposes of this regulation if he or she possesses an ownership and interest in the abutting land or property. Structure. Any structure used to house, shelter, or contain foul including but not limited to pens, cubes, cages, and hutches. Applicant. A person who applies for a permit from the Board of Health pursuant to these regulations to keep one or more foul, Board of Health or the Board, the Marvel head Board of Health or designated agent. Chicken coop. A small shelter often wooden in which a small number of poultry

10:53 are housed. Chronic nuisance conditions. Property on which three or more nuisance activities occur or exist during any 60-day period. Each day shall constitute a separate nuisance activity. Corral. Any pen or enclosure for confining one or more animals. Department. The Massachusetts Department of Agricultural Resources. Dwelling. Any building, structure, or shelter used or intended for human habitation. Enforcement officer, the Board of Health designated agent. Facility. The total accommodations to be used for the keeping and care of one or more foul including but not limited to land and any accessory or animal structures such as but not limited to one or more coops, cages, and or hutches. Fencing. Including material installed for the purposes of privacy or animal containment. Feed management plan. FMP. A plan for the handling of animal feed. The FMP shall address feed type storage and removal. Foul shall include but not limited to chickens, pigeons, roosters, capons, hens, turkeys, pheasant, guinea fowl, ducks, and geese other than wild species. Generally accepted agricultural practices. GAAPS practices that applicant can demonstrate are consistent with the Massachusetts Department of Agricultural Resources. MDAIR, Bureau of Animal Health, best management practices and if deemed necessary by MDAIR,

12:23 the Massachusetts Society for Prevention of Cool Tea to Animals. MSPCA and the Animal Rescue League. ARL of Boston GAPP are site-specific feasible practices that the applicant can demonstrate are consistent with the Massachusetts Department of Agricultural Resources Division of Animal Health’s MDAR’s GAAP. The following resources are resources that can be consulted to establish compliance with MDAR’s GAAPS, MDAR, mass.gov, service details, agricultural best management practices, BMP’s UMass Extension, ag.umass.edu, resources, agricultural resources, UNH Cooperative Extension, extension.unh.edu, slash resources, slash files, slash resources, 000471, rep493.pdf, hutch, a pen box or cage, typically with a wire mesh front or a closed coop for keeping small domestic animals, licensing authority, the Marblehead Board of Health or designee, manure management plan, MMP, a plan for the handling of manure, the MMP shall address cleaning, composting, storage, utilization, transportation, and removal of manure so as to minimize nuisance complaints and threat to the health of the public and or animals. Permit holder. Any person who has met the conditions of this regulation has received a permit issued by the Board of Health to keep animals. Permit to keep foul, a permit issued by the Board for the keeping of one or more foul in accordance

13:59 with the provisions of this regulations. Person. Every individual, partnership, corporation, firm, association group or other entity including a city, town, county, or other governmental unit owning, leasing, renting, or occupying property or carrying on an activity regulated by this regulation. Pest management plan, PMP, a plan which adequately defines the measures that shall be taken by the owner to minimize the presence of rodents, insects, and pests, and to minimize the creation of odors and other nuisances. Usable area. Land area suitable for the raising and keeping of animals such as pastures, fields, and upwooded uplands. This area does not include wetlands, dwelling, and any other area as may be restricted by town, state, or federal regulations or guidelines. Wetlands. Land area or surface area so defined by the Wetlands Protection Act, MGL, section 131 and 40 and regulations, fraud limited pursuant to the Department of Environmental Protection, Inland Wetlands Order 310 CMR 10 or pursuant to section 404 of the Federal Water Pollution Act 33 USC 1341. Section four and general requirements. All applicants must be submitted to the Board of Health for review and approval and shall meet the criteria set forth in section five and six of this regulation. All structures must comply with the applicable setback requirements for the zoning district in which such structure are located as set forth in Marvel

15:31 Head zoning bylaws aside from protections according to master of the law 40a and three and the Wetlands Protection Act 310 CMR 10. C all structures must comply with any applicable state building code. D all permitted file must be confined to the property by secure fencing to prevent the escape of animals unless the permit holder has documented documented in writing to the satisfaction of the board including obtaining any necessary permissions arrangements for such annals be kept elsewhere i.e. for grazing pest control etc. E in accordance with master of the law section 111 and 125a the odor from the normal maintenance of livestock or the spreading of manure upon agriculture and horticulture or farmlands or noise from livestock or farm equipment used in normal generally accepted farming procedures or from plowing or cultivating operations upon agricultural horticulture or farming land shall not be deemed to constitute a nuisance. Section five permitting and application requirements. A permit to keep foul. One a permit is required for any person keeping fouls as defined in this regulation except on commercial farms which meet the requirements of master of the law section 40a and three and or master of the law section 128 and 1a and except as indicated in section i and ii below. A exemption from permitting. I the veterinary medical hospitals medical research facilities commercial pet shops animal

17:06 control centers owned and are managed by recognized human societies and animal control centers managed by the town of marble hedge shall be exempt exempted from permitting. Two conditions for permit application. A said permit shall require that all coops hutches and or or other such buildings use the house file shall be of durable construction and designed and maintained to allow for adequate cleaning as so as to prevent the harborage or shelter of rodents. All coops structures or other such buildings use the house file shall be properly ventilated and kept dry. Floor surfaces shall be constructed as to be easily cleanable. B. no person shall keep any live foul on any building used as it dwelling. C. no person shall use any building in the town of marble to house shelter or contain fouls defined here until she has presented a petition upon a prescribed form to a building inspector or applicable an agent of the board of health and a permit to keep out fouls have been granted. D. the owner shall provide for tightly covered and vermin proof storage of animal feed. Three. Applicants for a permit to keep foul shall be submitted on a forum supplied by the board of health for each location where fouls are kept in marble head such application shall be accompanied by the following information and will be deemed incomplete if any information plan or fee is missing. A. name, mailing address, phone numbers,

18:37 and email address of all owners of the property. B. location, street address or premises to be to use to keep foul. C. number and kind of foul to be kept. D. a plot plan with topographic information, size of lot with structures present including primary residence, septic systems, and private wells as well as structures planned for the use of intended foul including fences and corrals. D. dimensions of the area where foul will be kept and distances of foul housing and closures from all the butters, structures, property lines, and wetlands. A hand-drawn plot plan is acceptable so as long as the sufficient details including actual dimensions and quality to allow for board review. E. a written management plan appropriate to the number and type of foul to be kept for the following I, manure, MMP, II, feed, FMP, and II, pest, PMP. F. if the permit holder intends to increase the number and type of foul to be kept prior to the end of the permit year, the permit holder must first notify the board of health and the board may require a public hearing if the board believes that the increase will materially change the application upon which the permit is based. D. application fee as indicated on the board of health published fee schedule. Four. conditions for granting the permit to keep animals. A. an agent of the health department shall visit the property before any permit is granted to determine the fitness of the property for the safe and humane keeping of foul. Such inspection shall consist of verifying the suitability of

20:09 the site, the condition of the facilities, and the suitability of the written management plans including the MMP, FMP, and the PMP for the number of fouls intended to be housed or already housed therein. B. verification of proper or better notification and a hearing for new permit application. C. the permit shall not be transferable as to other animals or assignable or transferable for the use of other persons or the use of other premises. D. the permit shall expire two years after issuance unless sooner revoked or suspended by the board of health after a hearing. E. a permit holder must apply for renewal of the permit at least 30 days prior to the expiration of the permit. For permit holder fails to apply for renewal of the permit at the time, the permit holder application shall be treated as an application for a new permit. F. the permit holder is not the owner of the property. Documentation must be provided indicating that the property owner is not opposed to the keeping of animals on the property. G. the permit will state the maximum allowable number and the type of foul as determined by the board and or a health agent. Determination will be made on a case-by-case basis. F. pre-existing permits. A. all permits issued prior to the effective date of this regulation are valid. B. all renewals of permits after this effective date of this regulation shall be subject to this regulation. Section 6. Minimum standards for the permit of foul. Yeah. Do you want me to take over so you can rest your voice or you want to keep going? I’ll just keep it on. That’s fine.

21:43 Section 6. Minimum standards for keeping a foul. 1. Owner shall provide foul with sufficient good and wholesome food and water, proper shelter, protection of the weather, veterinary, medical care when needed to prevent illness and suffering and otherwise humane care and treatment. 2. Owner shall comply with all federal, state, and local laws pertaining to treatment of animals, including but limited to laws prohibiting abuse, cruelty, animal fighting, violence, or abandonment, and those laws requiring reporting of communicable diseases. 3. All foul shall be provided space and conditions according to the generally acceptable agricultural practices for that species as defined in this regulation. 4. All structures shall be of sound instruction, well-lighted and have adequate ventilation, either mechanical or natural, with no access points for stray animals. 5. All glass windows and ventilation openings shall be screened for fly control. 6. All shelters and corrals shall have sufficient drainage to prevent the collection of water inside said confines. No shelter or corrals shall be located in the area subject to flooding. 7. All shelters or corrals shall be supplied with adequate and potable water sources. 8. All corrals shall at all times have adequate shade for the fowl, as appropriate for the species as determined by GAAPS. 9. Manures shall be stored in such a manner as to control flies and odor. 10. All feed shall be properly stored and shall be adequately protected to the keep of food source free of spoilage, contamination, and rodents. 11.

23:18 Appropriate measures shall be taken to minimize fire hazards. 12. Permit conditions, suspension, and revocation. 13. It shall be a condition for maintaining any permit granted under this regulation, that any holder of such permit shall grant access and permission to health agents to inspect all fowl and premises where such fowl are kept at any time. The health agent shall provide reasonable notice of any inspections, and such inspections shall be at reasonable times. 14. The permit application knowledges that the Massachusetts Department of Agriculture, MDAR, Division of Animal Health, requires that if an animal exhibits symptoms consistent with and or is diagnosed with a disease designated in its reportable disease program, it must be reported to MDAR’s reportable disease program. 3. It shall be conditioned of any permit issued under this regulation, that the permit holder shall comply with all applicable federal, state, and local laws, regulations, and other requirements. 4. No person who has been convicted of any crimes involving cruelty to animals shall maintain a permit under this regulation. 5. A permit issued under this regulation to any person who has been convicted of any crime involving cruelty to animals under the provisions of this regulation or violations of any provisions of master of the law, chapter 272 and 77, 80 and a half, 88, 94, or 95. 6. The permitting authority may suspend or revoke any permit granted under this

24:55 regulation if the person or entity holding the permit. 7. A refuses or fails to comply with this regulation, or any law governing the protection, safety, or keeping of animals. 8. Refuses to allow access to the health agent for the inspection to determine compliance with this regulation. 9. It is shown to have willful or falsified any information on the permit application. 10. No person shall erect, occupy, use, rebuild, reconstruct, alter, or structurally change a structure or corral intended for housing or confining file without submitting an initial or revised plan to the board or its agents for its review and approval. 8. It is the responsibility of the applicant to comply with the Town Zoning By-laws and applicable section of the Building Code when constructing or making changes to a structure. 9. Any person or commercial animal establishment whose permit has been denied or revoked shall cause any and all file covered by said permit to be placed in accordance with applicable laws within seven days of such denial or revocation. 10. Any person or commercial animal establishment whose permit has been denied or revoked may reapply after the condition upon which denial or revocation were based, have been corrected, and any outstanding fines have been paid to the Town of Marblehead, notwithstanding Section 8.4 above and any other law or restrictions. Section 8. Carings A. Any hearing under this regulation will be conducted at a scheduled Board of Health meeting. B. Notice of the public hearing shall be sent by registered mail to each of the persons appearing

26:29 upon the assessor’s most recent valuation list as the owners of the property abutting on the premises where the permit is intended to be exercised at least 14 days prior to the hearing. The applicant shall submit a list of abutters certified by the Board of Health Assessors with a copy of the notice mailed in a sworn statement that the applicant has mailed notice to each abutter by first-class mail or return receipt from the United States Postal Service for each mailing. C. The applicant must demonstrate that the issuance of a permit shall not be detrimental in any way to the public welfare or would not endanger the health or safety of the municipality of the well-being and safety of foul and that all applicable requirements of this regulation have been satisfied. The Board may impose conditions, safeguards, and other limitations on a permit consistent with the health, safety, and welfare of the public and the well-being, safety of the foul being kept. Section 9. Pelenties Section 9. Pelenties. A. If there is a violation of this regulation that designated the agent of the Board of Health may issue a written order to the person or persons having control of the premises and to the permit holder if different to correct the defendant’s deficiencies. B. As an alternative to an order or if a person does not comply with an order and such order is not modified or withdrawn, the Board may commence an enforcement action to correct such violation. C. In accordance with Mass General Law, Section 111.31, any violation of this regulation

28:01 shall be subject to fines. Each day the violation continues shall be considered a separate offense. Nothing contained herein shall preclude the Board from seeking equitable relief to enforce this regulation. D. The Board may suspend, revoke, or deny a permit if, after hearing, a permit holder is found to be in violation of any provision of this regulation. E. Any person to whom an order has been served pursuant to the section shall have the opportunity to require a hearing before the Board. A request must be made in writing within 14 days after the order has been served. For the purposes of the section, an order shall be deemed to have been served on the date of mailing except the state stated otherwise on the order. At the hearing, the person served with the order shall be given an opportunity to present evidence and show why an order should be modified or withdrawn. Section 10, enforcement. This regulation shall be administered and enforced by the Board and or its authorized agents, including but not limited to the Marblehead Police Department. B. The Board may make criminal complaint in any court of competent jurisdiction or may refer enforcement to the district attorney, the Attorney General, and other appropriate law enforcement agencies. The Board may also seek injunction relief and civil penalties in any court of competent jurisdiction for violation of any regulation or in any other manner provided by Master of the Law, Section 111 and 187. C. After written notification from the Board of Health noting

29:32 violation of these regulations, the permitee shall have 14 days, 14 working days, or such a time as noted in the notification to correct such violations. Failure to correct such violations shall result in the person being subject to fines and penalties as outlined in these regulations. D. After written notifications from the Board of Health, any person housing and keeping file within the permit shall within seven days apply for a permit or remove said animal from the premises until each such time as a permit is The holder of any permit thus rev… this is E. The permit… the holder of any permit thus revoked or suspended shall be notified of such action by certified mail. Any person so aggrieved but may petition the Board of Health for a hearing at the next Board of Health meeting and may be permitted to keep said file pending the Board’s finding unless it poses a risk to public health or safety or health or safety of the files. Section 11, Servability A. Any provision of this regulation is cleared by a court of competent jurisdiction to be invalid or not enforceable. The other provisions shall not be affected by thereby but shall continue to full… in full force and effect. Section 12, Effective Date, signed as Stay Blank, Day of… 20… you know, it goes into there. Thank you very much. Yes, thank you for reading that. I actually thought we could just review it a little bit, but this was very helpful. Are there any questions or comments from the Board members about any parts of this? Yes. Are we going to discuss this at the next meeting or are we going to ask questions now? I mean, I have…

31:13 The Board can ask questions now and then the object obviously is that the Board would approve this and then move forward with a public hearing. Even at the public hearing, you could make changes if you chose to at that time. Well, I did highlight a couple of things and maybe one or two of them were repetition, but Joanne, did you have some things? Because I had several. Maybe you’ll tell us some of them. If you have questions, why don’t you go if you do. Don’t you’re muted, Joanne. I’m so sorry. We had something in the oven that was making a lot of noise. So I guess one of the questions I have, you know, I’ve learned so much about foul permits in Marblehead and elsewhere. I grew up having chickens next door, which we always had, you know, eggs. But I lived on the Ten Mile Road in upstate New York where, you know, people had hundreds of acres. So I’ve been really trying to understand and I did in my research come across something and I don’t know the process in terms of getting information out to the Board and to the community. But I wonder if people have been familiar with Kristin Cloth, P-L-O-E-T-Z Esquire.

32:43 She wrote a piece called Raising Backyard Poultry Without Ruffling Too Many Feathers, How to Comply with Local Regulations and Bylaws and Keep Your Neighbors Happy. And I think this is something we should share with the community because it seems like a really thorough tool on this opportunity for people to, you know, build relationships with neighbors and potentially. I just I think as a Board of Health, it might be a valuable document to share out to the community and have potentially on our website because it’s, you know, pretty thorough. I think it’s ten pages and just, you know, walks through some of the things that people might be interested in understanding as they pursue this. And there’s no copyright or anything on that? It’s a public document? Yeah, it’s a public document. It’s on the mass.nofamass.org website. So it just seems like it might be half-old some value in this conversation because some of us, myself specifically, I can only speak to myself, but some of us are, you know, learning so much about this as we go forward and to understand it more deeply. And I’m grateful to find some resources and hope this might be of value because one of the things that, you know, in our last conversation that we had on this that made, I think, many of us uncomfortable with the conversation about extortion.

34:24 I really think as we serve our community, our goal is to be good neighbors with one another. So I think we have to find that path, all of us each day. And I think if we can have some resources to light that path, it’s of great value. Okay. That’s my comment. Thank you. And Helene, did you have a comment? Because I have a comment that you can go first. I have more, like, my questions about the language. So I probably have half a dozen. So please bear with me. On page two, Andrew, three or more nuisance activities during a 60-day period. It can be the same nuisance, like the chicken got way onto the fence three different times. It doesn’t have to be three different kinds of nuisances. That’s correct. Okay, so that’s good. The other, on two down below about foul, what about roosters? We’ve always said that we didn’t approve of roosters, and that’s on the list of foul, plus the turkeys, which we see have been a nuisance in our neighboring community, and now they’re coming over here. So I wonder what the board thinks about that. I, I, we’ve always made a provision that there’s no roosters allowed. So I, I agree. I didn’t see it. Should we strike that?

35:56 We should strike that and actually make a notation. I can talk to town council about how to make sure that it’s, it states that roosters are prohibited. And what about the turkeys? So in the regulations, so these are non-wild foul. So turkeys, you know, you can raise a turkey that’s non-a wild animal. And the ones we see on this, around, okay. Are wild. Those are wild. Okay. The other question I have, it’s going through, it starts on page three. We’re talking about animals, and then you talk about foul. I was wondering why we have, should we strike the word animal and then we, on page, No, tell me exactly where you’re looking. By page, well, I first see the word animal on page three on permit holder. I think that, yeah, keep animals. And then we go to page four, section D. It talks about animals and grazing. And I just think that this might be, you know, a boilerplate that maybe we’re using. So you can put your foul out to graze. Okay. They graze, I mean, I didn’t know I was thinking of you, so I don’t know about that. So, and do you want to call them animals?

37:28 Because as I go further, I can see that there’s a section for animals right below. It’s the same section of foul. So page four, section four D, is that where you’re looking? Yes. So all permitted fouls must be confined to the property by secured fence and prevent the escape of animals. I mean, so I’m not even going to recall them animals there were referring to the foul, but we can talk to town council about that. And I’ll just highlight where else the other is. So the page five under F, I’m questioning page five along with page six under D. You say the permit year and then over on D, we talk about two years and I have a recommendation. Before you answer the question, I have a recommendation. I thought that possibly the first year should be one year and then two years after that. But I would say it should be one year only and should continue to be one year permit. All right. So we’re going to. So the one year on F page five, you accept and on D page. Let me just let me see that because I don’t saw on page five in F it says permit year. If keep prior to the end of the permit year, the very last paragraph on page five.

39:02 So if the permit holder intends to increase the number of type of foul to be kept prior to the end of the permit year, the permit holder must first notify the board of health and the board may require a public hearing if the board believes that the increase will materially change the application upon which the permit is based. Yes, that’s fine. Yeah, I just checking the permit year because we go to D on page six and it says two years. And that’s that’s so so you have to call out the number. So for D the permission expire two years after issuance. So yes, that is something that we want to want to touch, you know, so currently our permits are one year only and you have to apply for a permit every year. Yes, so we’re going to strike that two years. So you’re going to strike it for two and make it a one. Okay, good. That’s all that I wanted to know about that. So on that page under for the heading of four conditions for granting a permit to keep animals and, and I’m just questioning why we’re using that word because when we go down to the file. Okay. So this is where it was what they were f and g are similar, and you’re calling it an F an animal and you’re calling in, in G file I don’t think you know so the permanent so after the permanent holder is not the owner of the property documentation must be provided, indicating the property owner is not opposed to the keeping of you wanted to say file on the property. I’m not even sure you need to ask but that’s my, I’m not.

40:40 You do want that. So you want to make sure if the applicant is not the property owner. We want documentation from the owner to say, I’m allowing this. Let’s change it to file if you don’t mind, because I think that you say gg is called a file. Okay, so type of well permanent Sheldon state the maximum allow number in types or type of files as determined by that, you know, board and health agent. Right. I don’t even know how should be poor should it, the type of file, it’s file file so it’s, you know, we can take a look at that. Okay. Yeah, I agree. I agree on to change it to fail. Yeah, it doesn’t, it’s not, it’s not, it’s poor but it’s, it’s poor by designate designation. Pre-existing permits are permits. I had something here. So be subject to this regulation. I had you hadn’t read about the hearing and I wrote down a question mark hearing. So we’re all set on that. The next page on seven. What’s that numbers. Section six. Number. Section six. Number six. We start calling the shelter corral. Two different things. A corral is where you like that the pen or the run is the corral. But, but they’re not. I thought we might have been confused with animals so that’s what I know. So a shelter or corral so I keep the horses in the corral I you know, it’s like an outdoor run or pen.

42:22 It’s a fenced in area that you keep your animals, but if I use corrals also. Yeah, it’s just a generic term, because I always have thought that were horses and corrals. Yeah, you can keep your pigs, your chickens and your sheep in the corral. Okay. Now nine and ten. I said that I think it’s a repeat. Didn’t you talk about the maneuver being stored? Yeah, it just goes under this is all that you know minimum standards. You have to just remember you’re calling out regulations. So you have to call everything out and then you have a permitting process in the regulation. Okay. Yes, there are some overlap. Okay, that’s a better word overlap than what I used. So, okay now under Section eight, the hearings, it’s the public can we should be sent by registered mail, but then you say the applicant has mailed notice to each a better. This is Section eight. Better be. Yep. So you the applicant has a choice. They can either send it by registered mail to each of the persons appearing upon the assessors most recent valuation sheet as the owners of the property a buddy and on the premises where the permit is intended to be exercised at least 14 days prior to the hearing. The applicant must submit a list of a butters certified the board of health by the board of assessors with a copy of a notice mailed in a sworn statement that the applicant has mailed notice to each a butter by first class mail.

43:56 So you can do it either way for what now or return receipt. Well, why is the applicant responsible do that? Why don’t they do it like the assessors do when they have a hearing like we send it out of the assessor send it out. I don’t think so it should be different boards do in different fashion. So under conservation or a board of health variance hearing the applicant does the mailing. So under a board of health variance hearing, they send out green cards and they’re required to bring in the green card is proof of a butter notification same under conservation. So you have the option to do the green cards or you can do a certified mailer that you’re testing that you sent out. Why don’t we just send out the certified mail because the onus is on the applicant. And so if you generally that’s how it’s done. You can get into that. But when we talked to town council we said we would follow the normal variance request application essentially. Yeah, maybe we should just double check that with counselor with our board if they approve it because that was good. And one last thing on the last page section 10. E any person so agree with me petition the board of health for a hearing at the next board of health meeting. I thought they would be saying that again, which number you on e page 10 in section 10 section 10. So the holder of any permit that’s revoked or suspended shall be notified of such action by certified mail.

45:32 Yes, but so that any person so grieve may petition the board of health for a hearing at the next board of health meeting at the next board of health me I thought you need to have a hearing 14 days for a hearing. No, so different things. So this is for if you’re if you’re a person aggrieved you may petition the board of health for a hearing. So if I’m having a nuisance complaint about my neighbor, you can have you can request the hearing and have it immediately. And have it well at our next year and I’m at board meeting the next meeting the next day. Well, it would depend obviously, you know, if we were having a meeting the next day, you know, obviously we want to make sure that the applicant would be notified and was able to attend. Okay, I kind of question that whether they need the same 14 days that we had. And I question that. So obviously when you’re dealing with public health, there’s certain issues that need to be taken care of immediately. Okay, I cannot wait 14 days to be corrected. All right. As long as I brought it up. So thank you very much for listening to me and thank you very much for reading. Yep. And I just wanted to go back to a B on page eight, which one’s on a B on page eight we already talked about it a little bit. It’s to me it’s confusing that it’s either first class mail or return receipt.

47:07 I mean, it says it right there. First class mail or return receipt, but they seem like very different things. One we have one we have to prove the other one we don’t. And so I’m not sure the options should be given. The big difference also about a B is that there’s there’s nowhere anywhere that says that the neighbors need to get permission and sign off, which is what has always been done. So that’s a big change. That is the large change. Yes. So that’s right. The applicant is afforded a hearing where at that hearing an aggrieved butter or somebody that does not like it could speak at that time. I guess they do not have to give permission, but the board would have to decide if they were going to permit the application or deny it. I guess my question for more clarification is just why first class mail or return receipt? So, yeah, I mean, so definitely the board can decide. So if you’re going to do certified mail return receipt, that’s so you get a green card with that. So the applicant would have to bring in every green card from their butters before the hearing can move forward. So if the applicant appears before us, we request, you know, they have to show proof that it was mailed out to all the butters. If not all the green cards are returned, the hearing cannot move forward and the hearing gets continued. If it’s the certified, if it’s the first class mail where the applicant is attesting that they mailed out this to all of butters, it’s a lesser of the two in my mind.

48:49 Well, so it’s the board and choose which way they would like to go. That was one of the things I brought up and if Todd makes the decision, I’ll go with it, but I don’t think they should have a choice. It’s the I mean, should we be doing this based on the honor system, I guess is my question. So, so a lot of boards do it by the honor system. I mean, so you’re planning board your zoning board that that is all done by, you have to go to the assessor to get that certified lists, and you have to attest that you sent it out, but that is the honor system. I do agree with that. I’ve gotten, as you know, I’ve got some people building homes around me and I’ve gotten in letter form and I have not gotten a green card that I don’t think it should be an either or. So, yeah, you would only get a green card for certified return receipt mail for a zoning application that is not required. But also I’ve gotten when I’ve gotten letters I’ve gotten it one letter on town letterhead. So I just feel this is an extra job that the applicant has to do. I don’t know. It’s an awful lot of work to have a few chickens. So, so in that case, you would be requiring Andrea to send out the application notification and I would request that there’s a application fee to cover those costs. Okay, I think they would be happy to pay it. Of course, because you’re making somebody else do your work, but yes. The other thing about the green card though, say somebody’s in Florida.

50:22 How are you going to, you know, we require everybody to have a green card returned and somebody’s not present to sign off then then how do we deal with that? I think that’s. It’s the same as a board of health variance request on a septic system. I can’t move forward until proper notification and somebody has signed off on it. So I would, I would be more comfortable with first class mail if other departments have succeeded with the honor system. I’m comfortable with that. I think, I think one less step. And I would prefer the first class mail as I’ve received it from other departments from the department. I think it looks more official coming on a typed piece of paper from the town. So you want it. So you want it to come from the town. Well, I want this to other people. I’m like, I make a recommendation for I would like to section eight. Letter B that the, the board of health send the letter by regular mail and charge the first class mail. I shouldn’t say regular. I first press mail and charge the applicant the appropriate fee, whether it’s $5 or I don’t know what. I think you should come up with a permitting fee cost that application fee cost then. So the applicant shall submit a list of the butters certified by the board of health site by the marblehead board of assessors with a copy of the notice mailed. So we will in the board will do the copy of the notice. Well, why don’t we just raise the permit fee the five or $10 from 25, which has been from a many years because you’re in a permit fee and an application fee.

52:03 Oh, you’re doing it. What is the right now? You would have to include that if this is the direction you would want to go into. All right. So five dollar application fee. I think we should discuss the application fee. You know, it needs to be relative to cost and stuff like that. I make a motion that it may not be a second. Well, I would say, why, instead of having the board of health office do it, why not just say, the applicant shall submit a list of a butter survived by the board of assessors with copy of the notice mail and a sworn statement the applicant has mailed notice to each of butter by first class mail period. Right. You can you can add an event there, Todd. And then and then we don’t have to do with a second fee and we don’t have to do with the office sending out. Let the let the applicant send the mail. So yes, we’re saying two different things. You and I. Yes. I have made a motion. Is there a second to my motion? What was your motion, Elaine? I move that we change section eight B to having the applicant the letter mail to each of butter by first class mail through the board of health. So you don’t need to make a motion. So it’s going to be a recommendation because this all has to go to a hearing. You guys have to decide on what this language is going to be to get to the hearing. But I would think that if I’m changing the language, I can’t make a motion.

53:38 I don’t think I can change the language alone. Well, you can’t. The other board members have to agree with you because it’s going to have to go to a hearing and everybody’s going to have to vote on it. Well, you can make a motion. You just need to you need to read that motion out exactly as how you want it. And today is our opportunity to review this together and proofread before the official language goes to the hearing. But the applicant should submit a list of the letters certified by the model head board of assessors and with a copy of them in Swansford, which will be sent out by the board of health to each of the abutters by first class mail, which will be sent out by the board of health. By first to each of the abutters by first class mail. So before we have a second, it seems like Elaine and I have two different ideas for how to approach this. Joanne, do you have a third idea or do you go with one of our ideas? I think the thing I’m most drawn to is the first class mail because I really the green card thing was throwing me off here as well with the idea of I haven’t gotten certified mail since I think decades potentially. And who’s home? Don’t you have to be home to receive it or something? Yes. So I think I think we are absolutely making some great strides.

55:10 And I, I do think that people that are in this process, they’re already filling out an application. If I’m in it’s a lot of sections and rules that they’re going to be very well acquainted with by the time they, you know, submit the application. I think asking them to send these letters out to their neighbors, abutting neighbors is reasonable because I think that’s, that’s what we want to encourage. I think having these conversations is how the neighbors will potentially hopefully, you know, be having a good experience living beside one another. And I think the more they communicate versus the third party coming in could facilitate a positive outcome for everyone. What are your, does anyone have an idea about that direction? I think we both gave our, we both gave our opinions to it. I think that my motion fails. It doesn’t get a second. So we strike at the top. We don’t want to go the respread your mail at all. Okay, so notice of the public hearing. See, but so we’ll do some words that didn’t have the notice of the public hearing will be set up. Just down to that last sentence. So notice of the public hearing shall be sent by the applicant.

56:42 I’ll rewrite that to it. Everybody’s in agreement shall be sent by the applicant. The applicant shall submit a list of a butter is certified by the Marblehead Board of Assessors with a copy of the notice mailed and a sworn statement that the application has mailed notice to each a butter by first class mail. And then we’re striking, you know, the end of that. I like it. Okay. Well, but we don’t need to vote because we will be voting on the whole document as rewritten for next time. I’m gonna vote for the whole document but I’m not in favor of that. Everybody knows it. Okay, is there anything else that anyone on the board wants to wordsmith or idea change or anything like that before we move on. We did discuss removing the word animals right. Yes. So I will I mean, our public comment period is at the end I see that you have your hand raised and I know it’s about this so I will recognize you in just a second question to Andrew could we please have this in time so that we could review it ourselves so you don’t have to read it again. Oh yeah, so we’ll have it posted and everything so it’s available to the public. And so everybody can take a look at it will post the document. So there’s, you know, no surprises or anything so everybody’s well aware what will be disgusting. And so yeah, we’ll make these changes as quickly as possible. And once the board decides on a meeting date we’ll make sure that this is posted in due time.

58:20 I would recommend that we do this hearing in about two weeks instead of our normal four weeks between meetings that just so we can move this process along. Tuesday the 24th would be I think a good date is that work for a day. It’s candidates night you want me to be here or be there. Okay. I have two nights that I’m free between now and then, which are the 17th at a six o’clock meeting but I’m ready for 730 or the 23rd. I cannot do either of those links. Okay, so we can do the 31st. I can do the 31st. I can do the 31st. Andrew. Yeah, that’s fine. Okay, and that way we have plenty of time to post for the hearing into mixing tweets. So, which is good because our, our June meeting is until the 14th. So, yep. Okay, this will just be unless something pops up, we’re not going to do our regular code report and directors world let’s just do this for the hearing. Let’s just do that here and for the file application. Yes, so it can be, it can be streamlined. We want exactly think for the word. All right, so 730 on the 31st. Before we move on, is anybody interested in looking at the fee? How long has it been that price or we just want to let people have their file and keep it the price that it is.

1:00:00 Good question. Do you, I don’t remember the fee changing. It never changed, but I mean, I’m only, I don’t have a preference. I would just as soon as to say it’s 25, but while we’re rewriting this, if we want to do something now, I just thought that that’s something that, you know, you know. I think the permanent fee should stay at 25. The whole idea with, you know, raising chickens is try not to make it cost prohibitive. I mean, you’re trying to encourage the raising of hens, possibly for a food source, and so to try to keep it reasonable, I think 25 is a good idea. The board might entertain an application fee of, you know, 25 or $50 to review all the documents and stuff like that. I would say $5 for even never write it and everything, so I don’t think we’re, I mean, I think my time’s a lot worth a lot more than $5 these days. Well, is that something that we should, is that what your recommendation is, is to have an application fee in addition to the permit fee? Yes. We don’t have an application fee now? We do not. So then it’s going to make it $50 and I feel funny raising the permit fee from 25 to 30. But then the permit every year after that, we just did this. This is a one-time application fee, as long as you stand within the standards, as written by the regulations. I know that your time is valuable, but I think that’s a pretty steep $50 to apply. When they’ve got to buy the pen or the house, they’ve got to buy the food, they’ve got to buy the chickens. There’s a lot of expense.

1:01:45 But there’s also time spent to review the applications and the process and the butters and the lists. So I’m comfortable with a $25 permit yearly and then a $25 initial additional application fee. Can you waive the application fee for the first year then? What would the point of the application fee then? I don’t know, but I just know that there’s going to be a lot of expenses along with it. Joanne, the mind of reason. I’m trying to make a decision here. I think it’s reasonable to put an application fee and then after that, it would just be the permit fee. I think that’s reasonable. Yes, especially given the amount of work that is being required to the staff to make sure all of these sections and so forth are followed. I respect that. I’m comfortable with that. Do we need to take a separate vote on correct injuries? Do you have a figure in mind? $25. $25 application fee, one time application fee. Do we vote that tonight or will we vote for that at the next meeting?

1:03:17 Can we do that next meeting just so that I can have some? Sure. Yep. OK, so we will have our hearing in a couple of weeks and I see that your hand is raised. We can unmute you because I know that your comment is relative to this. I can’t do it from what I’m using. I think I got it. You can just introduce yourself. Yeah, of course. My name is Elma again. I am a resident of Marblehead as well as I was retained by the choices to help them to get their file permit. I have to say I am very pleased by today’s meeting. It was very nice to see that all of our concerns were met, were discussed. I think that Joanne made one of the best valid points in order to either revoke that internal requirement and actually make it into a bylaw. Well, it’s not a bylaw, right? It’s a regulation. It’s a regulation. Exactly. Just going to be adopted as a regulation and Board of Health was the was the extortion effect. And I think also another thing is that we want we want neighbors to be able to be friendly to the neighbors.

1:04:51 We want to have a positive community. And I think that, like we said, if we put basically the prerequisites of a file permit on the hands of our neighbors, we’re putting ourselves both in danger for extortion. I also think that we did talk about it last time that it might be unconstitutional, violates the due process, some constitutional right basically for a hearing. Because that prerequisite basically takes away from the person that’s trying to apply for any hearing or even ability to appeal that decision. And of course, it also puts the jurisdictional governance on residents of people that have not been elected nor selected to govern us. So I have I had, of course, a long spiel today because I had no idea what was going to happen. I obviously did not get a copy. I mean, I would love if there’s any way to post it. I would love to look at it if it’s if it’s viable. But but I’m very happy to hear that that it’s going to be regulated, that the power will be put back in the Board of Health. And of course, any kind of notice is something that many boards, we have planning boards, zoning boards, and many boards we need to give notice to our butters.

1:06:26 Whether the Board of Health gives the notice or the resident gives the notice, of course, it is up to you. Of course, when you just do a first class smell, people might come and say, hey, we never received it. And that’s why perhaps filing an affidavit or something as you recommend it is a good idea. Or in the alternative, you know, you can maybe bump up the application fee and just like the Board of Health in it. And that way, no resident can actually come and claim that they did not send that they did not receive notification on the hearing. The only way to do that is the certified return receipt. That’s the only way you can guarantee that a butter is received the notification received. Yes, but so, so we’re sending sending sending a notice out as opposed to receiving a notice is two different things. And I think one of the reasons why any board has a return receipt is because the board is the board wants something verified some kind of evidence to show that that person, in fact, sent that letter. So if it’s just first class smell, you know, it’s just an affidavit and it’s not enough. And if the Board of Health actually sends again, it’s up to you guys, of course, but if the Board of Health is actually the the the people that send out the notice, then there is no doubt in front of the Board of Health whether the notice was sent or not. And so a butters cannot come and and claim that they never received notice.

1:07:58 So, you know, again, it’s it’s it really depends on what what you guys what you will envision for the future and what will be basically, I think, the best practice and the easiest for both sides in that respect. But again, I really I truly want to thank you for what you did tonight and what hopefully you will you will vote on because I think it’s a very important regulation. It will bring, I think, us to a place where we again, we’re not violating. I really feel that we did violate our constitutional rights with that with that specific prerequisite. And yeah, so thank you guys. And again, will I be? Well, is there a way to view the to view the regulation? Yes. So once it’s finalized with the town council, you know, I have we have a couple of little things that we need to talk to them about changing words from either animal to foul. And then we will post that online for the hearing. And I’ll try to post that as quickly as possible. So we’ll unmute you to. So I first of all, I apologize if you can’t see our cameras having issues, but thank you.

1:09:31 I would like to say thank you also. And I’m very pleased with the progress and the way things are going. I do. Just reintroduce yourself, please. Oh, I’m sorry. I’m Danelle Joyce. That’s Danelle and Brian Joyce. So we’re at 17 Haley Road. So I just want to say thank you. I’m very happy to see the way this is progressing and moving forward. I do have one question and hopefully Anderson answer this with the coupon run and the inspection. And the board of health and what is the no, no, no. And I don’t know if you know that the board of health or if I know that the board of health commander would, you know, it would be a shame to buy a poop, right? Or run. And then have the board of health say, oh, wait, we would like it to be this way or this way. So is there a way before the inspection before you purchase the poop? The run for the board of health to approve to approve that? at the regulations though, it gives you good guidelines. And when the board discussed tonight, they weren’t concerned with those guidelines. So I think you can be pretty clear to say, yeah, as long as you follow. And again, I know your attorney has requested a copy of this. We can try to get this out to you as quickly as possible so you can be prepared to have your application and all that stuff and be ready to move as quickly as possible. I understand the season is coming quickly here. So I think once, I can try to provide these to you as quickly as possible. It’s just some minor wordsmithing.

1:11:02 So I can provide this document and you can start to look into how you wanna design your coop and run and all that stuff. That sounds great. And I would say also from all of my research when I was looking into boards of health when they did require the abutters notice, most of them like Beverly, I don’t have my list in front of me, but most of them I do recall that the board of health did have an application fee and they did send out the notification 14 days prior. And I think it was, I understand what Joanne’s saying, it’s nice to foster that neighborliness but I think it was because of what other people brought up to make sure that it was sent out. I don’t know, you guys can decide obviously which way you wanna go with it. But I do recall that most of the board of health did send those out from their office. If that’s any help, I mean, okay, that’s all. I don’t know if it’s helpful. Thank you. You’re welcome, thank you. Okay, so we will have our hearing in a couple of weeks and we will post that duly and we’ll move on tonight. Let’s do the COVID-19 update. It seems like it’s back in full swing. Let’s not say it’s back in full swing and we definitely have some active cases. So as of May 6th, 2022, we have 3,669 total cases so far. On April 22nd, we had a count of 3,554.

1:12:35 April 29th, we had a count of 3,605. So between April 22nd and May 6th, we have a total of 115 positive cases. Now, please remember that these are positive PCR cases that go through our disease surveillance system called MAVEN. These are not at-home tests. We consider those probable cases. Probable cases between April 22nd and May 6th is 18. And those are only cases that we are made aware of. In MAVEN, there’s also another column that says probable. This does not account for every test that’s taken at home and stuff like that. The average daily incident rate for the last 14 days has increased to 40.5. The total test so far is 108,292. The total test for the last 14 days is 1,507. The percent positive for the last 14 days is 7.9%. Obviously, it’s a higher percent positivity than the week before. So yes, we are seeing more cases. We’re still recommending that people become symptomatic. They test and that test can either be an at-home test or a PCR test. It is becoming harder and harder to get PCR tests. There are less testing sites, so we understand that,

1:14:06 but at-home tests are readily available. The percentage of vaccinations has essentially become stagnant except for individuals with booster doses per capita continues to go up very slightly. Obviously, we wanna encourage the booster if it’s applicable. We will continue to monitor COVID-19. And yes, we’re really trying to move from a pandemic response into an endemic response. This is gonna be here forever. This is something that we need to learn to live with. Yes, we need to take precautions, especially if people at home are vulnerable and stuff like that. And you need to make sure that if you are symptomatic, you test, but this is something that’s gonna stay. So we will continue with this. I’m not sure how long we will continue with reporting. It’s very possible that the state is gonna stop reporting as well. And so we will probably stop when the state stops to push out. There’s certain numbers that we get from the state on a weekly basis. That’s the average daily incident rate. That’s the total tests. That’s the total test for the last 14 days. That information is not available and maven to us. Any questions about COVID? Yeah, one question. You say we’re trying to move toward an endemic. Is that something that we would do nationally

1:15:36 or statewide or? No, that’s nationally. Obviously, again, this is not going away, but we’re changing from a pandemic to an endemic response. They have or they are. What do you mean by that? That’s really the process now. So you no longer have state of emergencies and stuff like that. So you have this shift. They’re just not putting a title to it at this point for whatever reason. So then we’re still in a pandemic if the nation is saying we’re in a pandemic. That’s correct, yep. But we have no, we’re not in an emergency response or anything like that. So there’s no emergency authority. There’s no mask mandates. None of that stuff applies, except for some of the stuff required in hospitals, hospital settings and stuff like that. Okay. The transfer station update. So we should talk about the traffic study that is going to happen. Yep. So we have reached out to VHB consultants. VHB will be providing our traffic consultant. We have a cost estimate from them of $13,700. The traffic review of site access improvements. This will perform traffic data collection as outlined below actual traffic count locations,

1:17:08 dates and durations. We’ll be coordinated with the staff, with the town to confirm that they represent typical traffic operations. For the purpose of the study, traffic count data will be collected by a vendor of VHB and cost of the data will be billed as reimbursable expense. So I need a motion to approve the contract for $13,700 for VHB and authorize me to sign the contract. VHB will begin the work immediately. What are those initials? VHB is the engineering firm. VHB is in BOI? Yep. Victor Halo BOI. VHB. VHB. What’s the rest of the word? Traffic people. This is a traffic review and you know, it’s a traffic study. What’s the VHB, what are they? That’s the engineering firm. Engineering, okay. They’re no, they’re very- Engineers, scientists, planners, designers. But they do have a great reputation for traffic studies. Yeah. Well, I haven’t done one recently, so I didn’t know where they were. Sorry. So do we have a motion as outlined by the- Yes, so moved. Second. I’m Miss Haysley. In favor. Miss Miller. In favor. Dr. Todd Wolfberger. In favor. So it’s Vanessa Hagan and Brewston Incorporated. Where are they out of?

1:18:40 This is, they’re out of this office is out of Worcester. Okay, thank you. And they’ll start immediately? Yeah, they will start immediately. So they’re, this is estimated data completion is four to six weeks of subject to data collection timeline. So yeah, they will be out there very shortly, hopefully. I think their intention is this week. Great. Thank you. Great. You also, Andrew, you talking about a committee or do you want everything else first? Yeah, the only other thing is I just want to make sure everybody’s aware that when we talk about the rehab of the pit structure, that we’re doing the skin of the structure. So replacing the siding, the Wichita Street architects has a structural engineer that came out to look at the integrity of the structural and the structure, you know, the structural integrity of that cover. They’ll take a look at that. The compactor will be replaced. The skin of, you know, we’re looking to replace the skin, what we call a skin. So the shoot, the sides, we want this building to last for 50 years. So anything that goes into that, the architects will review obviously electrical work to make sure that this is kind of an up to date building. Control panel, the compactor, all those things would be replaced. And obviously the bigger piece too is that like all these other roof projects, we want to make sure that the potential to be sold already.

1:20:11 So we will work with the light department to see what the possibilities for siding solar components on the structure and try to incorporate that as much as possible.

1:20:26 Andrew, can I ask a question about the compactor? Can you, I know that there’s been reworked over time with respect to the viability of the old compactor continuing, is that something that’s going to change things significantly, the plan? No, so that has been part of our estimate. So I have a current person, our company that maintains our compactor and it’s his recommendation that it gets replaced. He’s rebuilt it once and he’s just, there’s too many things that he would like to replace on. He’s like, it’s just better to replace it. But when we replace it, there’s only a few companies that we want to make sure is installed because they actually build really good compactors. There are some compactors out there that wouldn’t quite meet our standards or they wouldn’t have the longevity that we would want with them. And when we project how long, this is a big investment, because how old is that compactor that we have? It’s hard to say exactly how old of it. So you have to understand that this is heavily used and so it’s a piece of equipment, it’s not a building. So we wouldn’t give it a 50 year standard. It’s hard to say what the length or the life of a piece of equipment is. But you just said you hoped it would last 50 years? We’re hoping this whole building lasts 50 years, but I can’t say that for all pieces of equipment. It’s like saying your stove is gonna last 50 years in your home.

1:21:59 So the compactors are the most delicate of them all because it gets so much juice? That’s correct. We can always do maintenance on the compactor. And obviously that’s preventative maintenance. It’s a hydraulic ram. We run vegetable oil in it, so we don’t have any environmental issues if there is a leak. But yes, it always needs maintenance. The fluid needs to be replaced on an annual basis and other things like that. Thank you. Thanks Andrew. So we look forward to working with VHB and like Todd said, they come with a lot of recommendations. So I think we should talk about an advisory committee, setting one up for when this project really gets started. I was thinking that people to be honest would be the OPM, the onsite project manager, the town planner, maybe Andrew of course, building commissioner, member from the finance committee and as many of us on the board of health wanna be on it, should be on it. And we would just post it as a board of health meeting even though it would be an advisory committee meeting. I’m not sure what you all think about that list, but I think it would be a very productive group of people. Would you print that list out

1:23:30 and then we can look it over? Next meeting or is it too late? No, that’s fine. So yeah, the owner’s project manager, the town planner, the director of public health, finance committee member, a building commissioner and the board of health. I think that sounds like a robust working group and I think it would succeed in getting this across the finish line. And it’s that what we’re talking timeline in terms of planning and then continuing through to the project. Construction and completion, yep. Roughly a year and a half to two because it’s yesterday at this point, right? That’s correct. And I would assume we’d like that to be quicker as expedited as possible. Worse. We don’t know now if there will be any shutdowns. We’re really waiting to know what the design is and that design will dictate closures and stuff like that. Obviously, once the design is put out, we would receive bids. Once the bidding’s accepted, the contractor would have to put together a schedule for us. So we would have to go to create this advisory committee? That’s correct. So would that be happening on the June,

1:25:02 if we’re going according to schedule, the June 14th meeting? You could do it tonight. You could vote on the advisory committee right now. Really? Okay. Yeah, I mean, there’s no- One, two, three, four, five. And three of us, is that eight? That’s an even number. I would love to ask what you guys think about having someone from Sustainable Marblehead. We’re talking about potentially having solar panels. And I know the swap shop is just another great tool that we have there. Would that be reasonable or is that not ideal? We also have a committee- I don’t know if it’s in your scope, but considering their buildings and- We have the recycling committee also that really works under us if you were interested. Someone like that. Yeah, maybe someone from the recycling committee. I don’t know. I just think maybe that would be a voice that would be valuable potentially. That’s a citizen. That’s a citizen. We’re trying to keep it with people that are official over the town, I think. I mean, you could definitely open up to, you could call out either or a member of the Sustainable Marblehead or a member of the Marblehead recycling committee. And some of the times those members sit on both boards

1:26:34 or are part of both committees. And the recycling committee is still active because they haven’t reported to us in a long time. The recycling committee is still active. They have a small group. And like I said, there are often members that sit on both the recycling committee and Sustainable Marblehead. Do you know off-hand if there’s one? I would have to speak with a couple of them. So Pam Roberts is the- She wouldn’t want me to call her the chair, but she’s the one that is most active and always present and pushing the committee, the group forward. Don Morgan is part of that. There’s some other members that regularly show up, star. So, we could definitely reach out to them if one of them would want to be part of this committee or then we could go on to somebody from Sustainable Marblehead. Lee, thoughts? Could you go over those? I think I missed a person because I had an even number. That’s what I’m worried about. So OPM, town planner, director of public health, finance committee member, building commissioner, board of health, and then Sustainable Marblehead or recycling committee member. So that makes nine. So that would, you know, what about the new town, the administrator, is that covered by the plan? No, I mean, so yes, it would. I mean, we don’t know when the new town administrator is gonna be in play

1:28:05 and we don’t know how busy he’s gonna be. So I think, you know, the town planner and the building commissioner is covering the town in a big way. Okay, I move that we recommend that we appoint that list and I think that would move us ahead a couple months. I, Joanne, do you second that? I do, I think this is, I think we’ve got a, and may I ask new to this, still wearing that new hat, but these are people that, Andrew, your colleagues, and you can say some of them, like, you know, this is, these people would be agreeable to join this committee most likely. Yeah. Okay, yeah. And I think these are really thoughtful, insightful people. I would bring value to this role for sure. And you’re not, what about, oh yeah, we’ve got the OPM. Okay, good, that’s great. And then- Hey, the motion, did you set that Joanne? And then, you know, the first meeting date, et cetera, can be figured out at a later date. That’s correct. We need more data for our plans first and forward to meet. That’s correct, but we will form that committee and start to communicate with them and go forward. So Ms. Haisley. In favor. Ms. Miller. In favor. Dr. Todd Volfbecker. In favor. See, I got to first name you guys.

1:29:35 Sorry. He gave it to us before. We do have a first name. Okay, is there anything further for the transportation? No, that’s it, at the start. Great, thank you. Joanne, do you have a mental health task force update? I do, I do. Thank you, Ms. Todd. First thing I’d like to share was our- Most recently, this past Thursday, Cinco de Mayo, the Marblehead Mental Health Task Force, sponsored a Cinco de Mayo event with the Council on Aging. And the Council on Aging did so much of the legwork. In fact, specifically Sharon Doleber organized much of it. What we did was had 85 people attend this event in person at the Jacobi Community Center and 35 people actually live streamed the event from their homes. So it was a really nice turnout for this event and it was done from 4 to 5. There was a, let’s see, we had a, what did we call it? I’m sorry, we had tables set out, a place where people could come and meet with about 20 different tables. We had a fire department there giving really helpful insight into some of the resources they have for lock boxes and ways to help for help, helping some of our more elderly residents feel safe in their homes

1:31:08 and protect themselves. And Lisa Hooper, of course, the Director of the Council on Aging was able to get, you know, she and Sharon got so many different people involved to explore our emotional, mental, and physical health. And the resource fair just had, just, I mean, it was delightful to see the people engaging with some of these individuals that have so many great resources that might be unknown to so many residents. And one of the groups of people that was invited to the Cinco de Mayo event were adult children of senior residents. So whether they’re adult children that live here in Marblehead and have parents or loved ones that live elsewhere and just feel, you know, like they need to learn, they need to figure out how to solve problems before they become crises. And so we had the police department there. We had so many of the local organizations that serve elder care services, mental health resources that were available. And people were making connections for about an hour. They were serving tacos and all sorts of different treats for everybody that came. And then we had a panel discussion, which was moderated by Dr. Kimberly Leventhal, who is a member of our Marblehead Mental Health Task Force, a really bright member. And we had Catherine Galenius, Elizabeth Kotran, Anna Truba-Yepes, and Bonnie Sisson,

1:32:40 all really remarkable caregivers with respect to mental health in this specific demographic, helping some of our older residents with some of their mental health needs. The panel discussed depression, anxiety, caregiver challenges, the importance of self-care and giving some tools and building a conversation around how people can access self-care, access, and recognize some of the mental health concerns that, you know, so often the stigma associated with mental health can cause people to just brush it aside or deny it. So it was a really nice conversation about recognizing these issues and then accessing care. So it was great. I think I was sitting there thinking about lots of people that I care about that are much younger and different demographics that would have been benefiting from sitting there and listening to these really bright caregivers build this conversation. The task force, our next community conversation is going to be in the fall. We’re partnering with the NAN Project, which is another suicide awareness group that builds a really nice talk to speak to some of our younger community members. And at our last meeting, I want to highlight, again, our Chief Dennis King connected us with some of the jail diversion program that he’s built this grant around to introduce us

1:34:14 to Danielle, Kasoji, and Ellen, who are members of the group at Leahy Health that are going to be trying to bring a social worker to work with our task force for 24, excuse me, with our police force for 24 hours each week to meet the mental health needs that our police department encounters that don’t need to be driven to, you know, criminal, the criminal side, they need to be accessing mental health care. So hats off again to our Chief. And we’re having another meeting in two weeks, I guess actually next week now. And hoping to build out Marblehead Cares, again, that website, we’re going to be, one of the things I should shout out is Marblehead Television, which also produced the Council on Aging Program for the Cinco de Mayo conversation. And they’re going to send us that once it’s produced, and they will be sharing it out on Marblehead Television, and then we’ll have the link on the Marblehead Cares website. So I think that that’s a big highlight, but there’s lots of things going on, and we certainly I think do not intend to take the summer, like have a lighter load in the summer because there’s something to be done. Sounds wonderful. I do have a question. All those caregivers that you named, do they take clients if needed, or how are they operating?

1:35:51 Well, specifically, in my notes here, Dr. Yapiz was from, she’s from McLean Hospital. So she does work with this population, and she did give pathways for people to connect with her. And McLean Hospital, if they have needs, she was really making sure she helped people understand how to connect with the services that they offer there at McLean. Bonnie Sisson is with Elder Care Services, CSAN, I believe it’s the initial, I hope that’s the right acronym, and she was also, you know, really helpful in staying after, so after the panel discussion, once it wrapped up, they were with the audience for about a half an hour just speaking to people and answering individual questions more privately and offering direction for people that had very specific needs that they wanted to be connected to. So, Catherine and Elizabeth also have this, share this background, and were able to give cards, and Leahy Behavioral Health was giving out, you know, cards and connecting people to local resources. So it’s a great question, Elaine. Well, that’s wonderful because I hate it to be a one-shot thing, and then we send these people home, and there are needs that haven’t been met. So I think it’s important that we not only make these wonderful presentations, but we make some connections, and I think the connections are important. And I think this had such a great turnout, and there was a lot of enthusiasm.

1:37:24 So I think this is, I don’t want to, of course, Sharon and Lisa will be like, slow down, Joanne, but I think it’s something we will absolutely do again in the future. The turnout was great. We were, you know, really encouraged by these experts, Elaine, excuse me, Lisa, and Sharon, who said, we need to do this during the day, during the daylight hours, and we need to have some food for people to come out and have some social time while they’re getting this information. So we know who to listen to. They really were able to orchestrate a really successful program, and I think we’ll do it again. There’s always, there’s a saying that goes around that, give them food and they will come. That’s true, my family. Well, congratulations on a successful event. I have just one other comment. You know, you talked about Chief King, who has really taken this community, he’s really been working very, very hard, and he hasn’t even been here a year yet. He’s coming up to a year, but, and he has this wonderful group coming in, but I hope that he realizes where he is new, that the counseling center, you know, is there for our town employees. So they don’t have to wait for the day that this person or these two people come in. The town employees are a priority at the counseling center. Excellent. Thank you, Helene. Absolutely, you’re right. And they were represented there as well, the counseling center,

1:38:57 and I know that Terry, she would have, she helped support this program and helped build it, but wasn’t able to be there because she had a graduating senior who had a big event that conflicted, but Terry McDonough is a great resource, and she’s been instrumental in supporting the mental health task force. She jumped on when the need was open, when the need arrived, and she’s been a great leader and great, great member. She’s a great partner to the health department as well. She’s a wonderful human being. Oh, she is called upon her for some things when people need food, reached out to her. Great. So keep up the good work and very impressive, as always, what has been accomplished. We have a sticker rebate for 41 Jersey Street. Yes, so the elder family in 41 Jersey Street, we are writing to kindly request compensation of $55 for a second transfer station sticker, which was accidentally purchased for the same address family at a full price of $80 and not the discounted $25. The customer receipts with the same listed address should be attached to this letter,

1:40:28 and we can be reached for the question. So I need a Board of Health motion to refund $55 to the elder family at 41 Jersey Street. I just have one question. It’s a single residence, is that correct? Because they use the word the same address as opposed to, although I see a slash address family. Okay, I just want to. It says the elder family, you know. I just wanted to. Accidentally purchased for the same address family at full price. Address slash family. Okay, good. I move that we refund the money. I second. Ms. Helene Hazlett. In favor. Ms. Joanne Miller. In favor. Dr. Todd Dolfrecker. In favor. And the director’s report. Just a very quick director’s report. We have household hazardous waste coming up on June 15th. This is again the same practice that we’ve done for the last two years. You sign up online. The company will come directly to your home where you have the waste in a safe location and they will pick it up. The rates have increased slightly over the last household hazardous waste. So you will see a small increase in the fee. Again, this is all online. You do need a credit card to sign up. The credit card does need to match your address. That’s our general problem with people trying to sign up and it doesn’t go through.

1:42:00 The other piece is that the Fleckman have agreed to outdoor dining again. And so they’re going through the permitting process for that. And so they are reviewing applications and will be doing the same for reviewing applications for outdoor dining. So we’re excited to have that back again. I think that was a big hit in town and I look forward to the outdoor dining season. Great. I know it’s probably early to think about this, but the beach testing starts after Memorial Day? Yeah, so beach testing generally starts around the first or second week in June. And so yes, we will be doing that again and that runs just after Memorial Day to just after Labor Day. I was making an assumption that the next board meeting, the regular board meeting is the 14th. It’s the second Tuesday. Is that correct? Or will that be changed because of the elections or? The election is on the 21st. Correct. So we’ll chat the 14th as a meeting. Yep. Okay. I might need to request that we can start that at 8 just because there’s a Village School concert at 6.30. That’s fine with me. Certainly fine. Anytime we have to see our children performing, I think that takes priority. And the day will be longer. It won’t feel like 8 o’clock at night. It’ll feel like sitting in my dining room.

1:43:35 Okay. So and then the other question I had for you all was, do we want to start meeting in person? Or are we going to, I mean, it seems like everybody has COVID right now, at least anecdotally. So do we want to hold off and keep doing Zoom for a little longer? So, you know, obviously we do not know what the governor is going to say come July 1st. We might have to go back to being in person after that date. Why don’t we wait until our June 15th meeting? And because he’s supposed to make some type of announcement and we might see that the numbers are going down, hopefully, because the weather’s going to be better. The 31st will do in Zoom, the hearing. And then we can decide then how it seems if we want to do the June 14th or not. No, I was saying, why don’t we find out if the June 14th meeting, since it’s a regular meeting, and because he’s going to make a decision on the 1st anyhow. July 1st, no? I don’t know exactly when he’s going to make just an announcement. So I’d like, I’d like to get a report. Are you going to give us a report at the, at the hearing? I mean, I’ll give you a standard COVID report. I don’t know when he’s going to say what, you know, standard COVID report. If the report looks good, we could talk, we could talk about it. But Todd had said that it was a one-on-one meeting, so I didn’t know what. Yeah, I think we can be pretty efficient, but we can decide. We’ll do that one Zoom and we’ll maybe discuss again for the next one.

1:45:09 Okay. Public comment, Andrea, John? Well, you know, look at this. I mean, the public wants to see some heated things on our agenda. People have gone into the woodwork. Yeah, I see that face, Andrea. You’re not public, I know. All right, well then, do we have a motion to adjourn? So moved. Second. I’m Miss Hagellit. In favor. Miss Miller. In favor. Dr. Bielsecker. In favor. In favor. Night, everyone.