Board of Health

Easthampton Board of Health Meeting Minutes April 13, 2021 50 Payson Ave., Easthampton, MA 01027 PRESENT: Maggie Hebert (MH); Aimee Petrosky (AP); Bri Eichstaedt (BE), Health Director, Brian Chapdelaine (BC), Health Inspector, Jackie Sienkiewicz (JS), Recorder. Also, present Mark O’Malley (MO) and Sabrina Moreau (SM). Meeting held on Zoom and recorded. Motion to open A motion to open the meeting at 4:01 PM. was made by AP and seconded by MH. All in favor – 2, Opposed – 0. Public Speak Time: None • Discuss and vote on the elimination of the easement requirement for the monitoring wells in the BOH Private Well Regulations: BE requested the BOH remove the requirement for an easement when a monitoring well is installed off city property. BE advised she could not think of a reason why this would be necessary, and she also checked in with the DPW Director to double check. The DPW Director did not see a reason to have this requirement either. The BOH decided it was best to hold a public hearing on the matter. BE stated a public hearing was only required for Title 5 regulations. BE and the BOH decided to update the well regulations as a whole since the regulations are outdated and to avoid holding 2 separate public hearings. BE advised the BOH that it may have to wait until the fall due to the current inspection and COVID-19 demand. A motion was made by AP and seconded by MH to open the hearing for well monitoring variances for 317 Main St and 172-180 Pleasant St. All in favor: 2, opposed: 0. O’Reilly, Talbot & Okun: 317 Main St., monitoring well variance request: BE explained that updating well regulations had been planned prior to COVID making them more in line with state models, but had not happened yet and a variance was needed for this project. MO described the location and history of the property. MO was able to share his screen and show the blueprints of the plan and placements of the proposed wells to the BOH. MO answered questions from the BOH used in these situations. BE explained that she had been in contact with MA DEP and DEP stated typically setback requirements are designed to protect drinking water wells and possible contamination. Because monitoring wells are typically to check for contamination, the setback requirements may not apply. BE stated that the existing regulations used “private well” verbiage that cause unintended consequences. A motion was made by MH and seconded by AP to approve the installation of a) One proposed monitoring well within the 25’ setback from a property line (15’ provided), b) One proposed monitoring well within the 15’ setback requirement from a dwelling/other structure (25 ft’ provided) and c) Three monitoring wells withing the 150’ setback requirement from sub-surface fuel storage tanks (6-10’ provided) at 317 Main St. All in favor: 2, opposed: 0. ● O’Reilly, Talbot & Okun: 172-180 Pleasant St monitoring well variance request: SM shared her screen with the BOH to show the rear of this mill building and the adjacent bike path. SM pointed out the special areas of concern about old utilities that may be unseen in this type of building even with Dig Safe. SM explained the precautions that would be used to address this. Precautions were also going to be used on the bike path to keep obstructions to a minimum as well as the parking lot, stated SM. BE added that the city’s attorney drafted an agreement that will need to be signed by the property owner to ensure any damages to city property would be accounted for and the property owner would be liable to any damages caused by the monitoring well installation. The setbacks that were not met did not appear to cause any public health concern to the BOH. ● The BOH assured O’Reilly, Talbot & Okun, that if any further projects were submitted before the updating of the regulations, that the BOH would arrange for hearings to address any issues. A motion was made by AP and seconded by MH to approve the variance request for a) Both proposed monitoring wells are within the 25’setback requirement from a public way, road, and /or highway (3’ and 0’ provided), b) Both proposed monitoring wells are within the 25’setback requirement from a sewer line (21’ and 6’ provided), c) Both monitoring wells are within the 25’ setback requirement from a property line (11’ and 5’ provided), d) Both monitoring wells are within the 50’ setback requirement form surface or subsurface drain (43’ and 7’ provided) for 172-180 Pleasant St. All in favor: 2, opposed: 0. A motion was made by AP and seconded by MH to waive the need to wait 30 days as stated in Section 6-16 of the regulations for these approved variances. All in favor: 2, opposed: 0.  ● Meet new Health/COVID Compliance Inspector, Brian Chapdelaine: BE introduced BC to the BOH. BC gave a brief overview of his job history. BE said that she and BC had already had a variety of complaints, a condemnation, and inspections in his first few days. The BOH welcomed BC to Easthampton. A motion was made by MH and seconded by AP, to appoint Brian Chapdelaine, as an Agent of the Board of Health. All in favor: 2, opposed: 0. ● Sherryla Diola, Ginger Love Café: Requesting the BOH add a seasonal temporary food permit: BE said that Sherryla Diola, who was not present, had requested that the BOH grant a seasonal temporary food permit in addition to the standard Temporary Food Permit since she has so many events in the City and felt that the cost of these multiple permits was prohibitive. BE said that this same request was brought to the BOH in the past. The BOH discussed that the fees charged were in line with other communities and helped to cover the administrative costs of issuing and inspecting of these events. In addition, the Food Code defines a temporary food event as one event for 14 consecutive days in one location. The BOH has already been lenient by allowing a permit to be issued for 14 non-consecutive days in one location. The BOH decided to keep their decision of allowing one permit to cover 14 non-consecutive days in one location. ● Discuss and vote on either rescinding or updating BOH Order: “City of Easthampton Reverts Back to Step 1 of Phase 3 of MA Re-Opening Plan”: The BOH discussed the existing BOH orders and agreed that the order should be rescinded and to follow state orders but allowing that if COVID metrics changed, new orders could be issued. The BOH also discussed The BOH for “Construction Sites” and “All Essential Business Open to the Public” and agreed as well that the orders should be rescinded and to follow state orders but allowing that if COVID metrics changed, new orders could be issued. ● Discuss and vote on either rescinding or updating BOH Order: “Recreational Camps for Children”: The BOH discussed the existing BOH orders and agreed to rescind current BOH orders and to follow state guidelines. ● Discuss and vote to either rescinding or updating BOH Order: “Farmer’s Market”: BE explained the manager of the Farmer’s Market had called and asked if changes could be made in guidelines issued in 2020 for the 2021 season. BE said that the manager asked that wording be changed from manager to committee member. The manager also asked that instead of a hand wash sink at each booth at the market, that common ones be allowed instead. In addition, the manager asked that cash would be able to be used at each booth and change given if needed as opposed to last year when items had to be priced at an even dollar amount so that no change was needed. The manager asked that a dedicated entrance and exit not be ordered this year. BE also said there was a request that gloves not be mandatory and reusable bags be allowed to be used again. The manager asked that customers be able to select their  own produce again using parchment paper, which was not allowed last year. BE stated that she had no problems with these changes and were in line with what would happen if you went shopping at a local grocery store. The BOH agreed with these changes. BE brought to the BOH’s attention the last request from the manager. It is a request that vendors and vendor employees not have to do a wellness check in. Be stated to the BOH, that she was strongly against this due to the spread of COVID and its variants. The BOH agreed that this guideline continue to be in place and adhered to. A motion was made by AP and seconded by MH to rescind the BOH Order: “City of Easthampton Reverts Back to Step 1 of Phase 3 of the MA Re-Opening Plan “and BOH Orders: “Recreational Camps for Children”,” Construction Sites” and “All Essential Businesses” and update the BOH Order: “Farmer’s Markets”. All in favor: 2, opposed: 0. ● Appoint Bri Eichstaedt as Health Director: BE explained to the BOH that according to information from the City Clerk’s office, the BOH must appoint BE into the position of Health Director for the City of Easthampton. A motion was made by AP and seconded by MH to appoint Bri Eichstaedt as Health Director for the City of Easthampton. All in favor: 2, opposed: 0. A motion was made by AP to adjourn the meeting; seconded by MH. All in favor: 2, opposed: 0. Meeting adjourned at 5:03 PM.