Board of Health

FITCHBURG CITY CLERK Jan 18 2022 9:13 am Office of the Board of Health City Hall 718 Main Street Fitchburg, Massachusetts 01420 978-829-1870 This was a regular meeting of the Board of Health of the City of Fitchburg held in the Legislative Building at 700 Main Street and recorded by FATV Studios, Fitchburg, on December 2, 2021. The meeting was called to order by Dr. Bogdasarian. Present: Stephen Curry, Director; Dr. John Bogdasarian, Chair; Ian Murray, Sandra Knipe, Jacquelyn Wehtje, Petitioner; Scott & Tiffany Michaud, Matt Hughes, AKS Recycling Inc. Mr. Curry asked the Board if Tiffany Michaud and Scott Michaud can speak for 2 minutes before we jump to the BOH agenda for this evening. These folks are present and have comments about the Mask Mandate and understand that the School Testing Mandate for Extra-curricular activities is currently not on the agenda. If there's no objection from the Board can we allow them to speak. The Board had no objection. Ms. Michaud stated she is here to comment on the mask mandate repeal. Ms. Michaud feels there is no need for wearing the masks. There is constant cross contamination going on when wearing masks in school. If the virus was that bad we'd all be wearing respirators. I’ve been everywhere and my children have been everywhere as well as everybody else’s children go everywhere and nobody needs the masks on until they get to school. Ms. Michaud stated she is also here because she is in opposition to the required testing in the public schools and after school activities. DESE laws and regulations protect children's privileges for after school activities. These regulations are for protections to discrimination and is not alleviated by any local law rule or regulation by any organization for the athletic or league or association that would limit the eligibility or participation of any student. As part of the admissions process you could not use testing as a limit. Testing cannot be a limit to after school activities and no materials tester procedures shall be employed for guidance purposes to discriminate or limit choices of these students to participate in these activities, and it's discrimination on the basis of a medical test. The tests have not been FDA approved its authorization use only. The PCR tests were never designed to detect pathogens and is 100% faulty at 35 cycles and all of the PCR tests overseen by the CDC are 737 to 45 cycles. The CDC admits that any test over 28 cycles are not admissible for a positive reliable result this alone invalidates over 90% of the alleged COVID cases infections tracked by this use of the faulty testing. This violates the Constitution, these children are protected by the Constitution and their privileges are protected, a privilege of school is protected. You are violating DESE rules as well as the Constitution, Civil Rights and the Nuremberg code where you shouldn't be using coercion or force to get these children to test for a test that is not approved. No child should be forced to take a test in the classroom and this is where it’s happening. There are privacy laws. We're treating these schools as infectious disease units masking and testing, they’re not sick kids. This is not a hospital these are schools you're supposed to be educating them. After lengthy discussion Mr. Curry suggested to Ms. Michaud to request a hearing in writing to the Board of Health with a specific topic in an order that you want to discuss and we will put it on the agenda. Mr. Curry stated we are not allowed to discuss items that aren't on the agenda as it violates the open meeting laws. We tried to give Ms. Michaud the respect to speak tonight. Approve Meeting Minutes: Ms. Knipe made a motion to approve the minutes of the November 4, 2021 meeting. Mr. Murray stated on page 3 of the minutes Mr. Strang is listed as a Law Professor but is a Philosophy Professor. Dr. Bogdasarian made a motion to accept the change and amend the minutes. Motion was 2nd by Ms. Knipe. All were in favor, motion carries. COVID-19 Update: Director Curry Presentation Exhibit A Mr. Curry stated the increase in cases may be the result of our new test site that is on Nursery Lane that's operating on Tuesdays and Thursdays and on Mondays and Wednesdays at Doyle field in Leominster. These numbers may continue to rise as we see activity at those test sites. Fitchburg as a whole is at a 56% vaccinated rate. These numbers are accumulated by the Department of Public health. Petition: Jacquelyn Wehtje – Petitioning to rescind the entire BOH Mask Mandate adopted August 5, 2021 and amended August 25, 2021 or portions thereof, as outlined in the petition. Ms. Wehtje stated her first petition is to remove the municipal mask mandate. The premise behind it is that masks are going to keep us safe but despite mask mandates the virus is spread throughout the world. According to the CDC community transmission map that states that have not had mask mandates are in better shape than we are states such as Florida, Texas, South Carolina, Alabama and Georgia. I looked at this again today some of those have moved from yellow into orange but Florida is doing exceptionally well they're probably going to flip into blue soon whereas we're in the red zone. We had a state mask mandate for over a year and various municipalities have local mask mandates. The solution to COVID is not masks it's vaccinations. In the October meeting I presented data from the Mass DPH COVID dashboard last month from the Massachusetts vaccine equity initiative dashboard and for this meeting I found a third dashboard that is relevant and that's for Fitchburg State University. 90% of students at the University are vaccinated and 95% of the faculty and staff are vaccinated. The most recent data they have is as of October 22nd and that's because it probably isn't going to change much in the course of the semester that they wouldn't need to update weekly. We know that this information is complete because students who did not provide their vaccination status have all been expelled from the University. The COVID positivity rate at Fitchburg State University is at 1.43% and this has been consistently below 3% for the entire school year. The average for the school year is 1.3%. Out of more than 4600 students none are in quarantine and just one is in isolation and there are minimal positive tests. They're doing really excellent they easily exceeded the 80% benchmark that you have stated at previous meetings is what you're looking at to remove a mask mandate. You're never going to get to 100% vaccination there because there are religious and medical exemptions but they're doing really well. Just as you're never going to get to 100% vaccination you're never going to completely eliminate COVID-19. This COVID-19 virus is here stay so we need a little bit of humility in dealing with it instead of thinking that by piling on mandate after mandate and restriction after restriction we can stop the virus. We need to learn to live with it. As humans have a right to control their bodies including their faces rather than be forced to wear masks forever because of an endemic virus. Keeping the mandate in place devalues liberty and posits that only safety and not liberty is any value but in fact liberty has inestimable value and is the very foundation on which this country was built. I know you shot down my petition in the past so if you won’t rescind the mask mandate in its entirety, I would ask that you at least remove it for Fitchburg State University. They've done everything right and you're not going to get better results than you've got there. The City Solicitor's told me that there must be rational factual basis for your orders, they can't be arbitrary. You previously stated that 80% vaccination rate is good enough to lift the mask mandate and they are well above that all their statistics are excellent you should be praising them you should be thanking them and you should be restoring their civil liberties. Ms. Knipe stated this maybe it's something that we should explore especially in lieu of how things have gone over the past three weeks. Dr. Bogdasarian stated with regard to Fitchburg State we have said that if someone reaches an 80% vaccination rate that we would lift the mask mandate. I'm not sure why Fitchburg State hasn't come to us and asked to do that and maybe they feel that they're still doing what's safe and what got them there. It’s something to be explored and if in fact that's the case then I would favor going with what we've said in the past to repeal the mask mandate. Mr. Murray stated being employed at Fitchburg State University, he is happy to wear the mask. I work with nurses all day in fairly close proximity. We all wear a mask all day and all our students who come in wear a mask the whole time. Ms. Knipe made a motion that we repeal the mask mandate once we have established communication with the University and then make it effective January 1, 2022. Motion was 2nd by Dr. Bogdasarian. All were in favor, motion carries. Hearings: Jacquelyn Wehtje – Petitioning to add language to future waste haulers contracts, “Three strikes and you’re out” provision as outlined in the petition. Ms. Wehtje stated the second petition is I want to bring something accountability to the waste hauler service in the city. I came up with something called St “three strikes in your out” that all future contracts for waste removal in the city shall contain a provision that if during a fiscal year the hauler fails to pick up any category of waste three times the property owner shall have some recourse. There being three categories of waste - trash, yard waste, and recycling Presentation Exhibit B Ms. Wehtje stated this is what she is proposing to be added to future contracts. Mr. Curry stated Ms. Wehtje’s proposal would actually be less stringent than what is in place already. We already have the ability if the waste is missed and is not collected by the end of the following day, to implement a $25 fine per missed waste. I also have the ability to call another hauler to come out at whatever cost is incurred, I can then reduce from the monthly bill already in place. These provisions are not used or needed on a regular basis. Other haulers are not interested in doing it. It may be needed when there is an extended delay such as many storms as you're referring to. When there was a four or five day delay I did explore several waste haulers however none of them as I stated in plenty of meetings were waiting around looking for work. When contracts are coming up these haulers try to plan and bid on these contracts and then they purchase the vehicles to what the contract details and that is how they decide how they're going to do the job. I have called several haulers at times and they’re not going to step on each other’s toes and they can't pick up an entire day's route on a drop of a call. They can't do it so they would have to make arrangements and it would take several months to do that. Instead we can we can issue fines if necessary. Mr. Curry stated it is very difficult to plan for yard waste as we have no idea what's going to be out at curbside. Every week rubbish and recycling are easy to predict as residents have 64 gallons of trash and 96 gallons of recycling, yard waste you may rake this week next week you may not. Yard waste volume at curbside is very heavy now which pushes the schedule behind. As long as they get it within 24 hours, that's the contract. To call another hauler to come out pick up yard waste if it goes beyond 24 hours is just not possible. After lengthy discussion, Dr. Bogdasarian made a motion not change the language the already exists in the current contract for waste hauling. Motion was 2nd my Ms. Knipe, all were in favor, motion carries. Title 5 Local Upgrade Approval (LUA): 67 Scott Road: Doug Smith, Engineer Mr. Doug Smith who is here virtually, stated he is looking for a local upgrade approval required for Siama Park at 67 Scott Road. Mr. Smith has proposed using a Presby system, and with the regulation with that type of system you are allowed to reduce the naturally occurring soil under the leaching system to 2 feet. Saima Park testing showed a high water table there and as it is it's going to be a very high mound as I've got it designed now. Without that variance it would be very difficult to get the fill around it. There is a fence in the front and some different constraints that I'm trying to minimize to make everything fit better. Mr. Curry stated the system before you is proposed right at the front of the front of the property before you reach the existing barn, and then the Pavilion that everybody is familiar with is right behind that existing barn. That barn would tie in and the system would be in the front of the property toward Scott Road. But as Mr. Smith said there is a large field there however the entire field is experiencing very high groundwater so he proposes to put this in environmental septic system in which allows a reduction of the required four feet under the leach field to two feet. The state allows that provided the Board of Health issues a local upgrade approval allowing the reduction of to two feet. Mr. Smith feels this is the best type of system for the area mainly because of the treatment that it provides. We had a 22 inch water table when without this the system would start off being over 2 feet just to the bed bottom and then 2 foot high system thickness with the cover so that would be a four foot mound, by the time we put in the sand fill which is 6 inches thick then the one foot of pipe is still going to end up being about 30 inches sticking out of the ground. With everything I've seen from the soils on that it would get proper treatment. Dr. Bogdasarian made a motion that we approve the title 5 local upgrade for Siama Park at 67 Scott Rd. Ms. Knipe 2nd the motion. All were in favor, motion carries. AKS Recycling, Inc. Matt Hughes, (Virtual)  Proposal to accept and store bread and baked goods on the tip floor inside the facility as outline in the application and to determine if a Minor Modification is necessary. Mr. Curry stated Mr. Hughes represents AKS Recycling. AKS recycling is proposing to accept a new waste. It is our job to determine if the proposal requires a minor or a major modification according to the Department of Environmental Protection. See Exhibit C Mr. Curry has prepared some questions which involve the conditions that this Board has set since 2004. Mr. Hughes stated he is here to present what the new proposal is. Thank you for your time to let me address you on this issue. We've been approached by a company called Bright Feeds based in Berlin Connecticut. They have been looking for a partner in the area around Fitchburg. What Bright Feeds does is they collect food waste, bread and baked goods from stores and bakeries and they bring it to their facility in Connecticut and they process it into animal feed. It's diverting that material from disposal and it's going back into a beneficial use. They're looking to expand in the area and are looking for a partner to be able to store some material coming in and transferring it would be coming in from various locations around the area. They would send a dump trailer to the facility, we would load that material and they would bring it to their facility in Connecticut. It's more economical and more sustainable to do it that way as it makes their operation more efficient. They approached AKS to take about 50 to 200 pounds a day of material into the facility. We would create a bunker storage inside the building and then we would load it out. All the activity will be the unloading the storage and the load out would all be done within the existing building where we transfer. We would dedicate that area just for that material. Back in August we approached the Board to extend the amount of time we could store municipal solid waste on the tipping floor and match the bail bagging approval that had done in 2020. This material would be subject to the same time limit of 72 hours and rotate the material out in keep that process going. I'm hoping that we can within the existing definitions of inside assignment and approved conditions that we can just begin doing this process. We've also filed a permit modification with DEP with a new waste ban plan to account for this specific activity. We've had extensive discussions with DEP on this as has Bright Feeds. They also they reached out to Mr. Curry to talk about what we were looking to do and they approve that they are in favor of us proceeding. Mr. Hughes displayed a site map of the location. Trucks would come into the existing facility as it is today. The trucks would come into the inbound scale this is how trash and other waste trucks travel today and this would be the same process. Trucks would come into the building and back in to this and this is where the new bunker would be that we would create. Mostly MSW is sort of accumulated in here and load it out with trucks and then we also accumulate cardboard on this side of the building. There would be a block wall established to prevent any of sort of wet trash or rain water affecting the bread waste. AKS would have a berm here to prevent any liquid from coming into this material and somehow contaminating the bread waste. Bread Waste would be accumulated in this location and towards the end of the day the plan would be to have a truck come from Bright Feeds and bring the truck inside the building to load the material. Bright Feeds would then bring the loaded truck outside to cover it and then the truck would proceed to the outbound scales and weigh the truck and that's how we know what and how much of the material was being shipped. Mr. Curry stated he has questions based on the conditions set by the BOH on the site assignments in 2004, 2006, 2008, 2019 and 2020. 1. Does this material count towards the permitted tonnage accepted at the facility and if so will the tonnage accepted need an increase beyond the 500 tons daily currently permitted? Mr. Hughes: 50-100 tons per day of this material is what they're proposing right now and this will all be coming in within the approved 500 tons a day limit at the facility. 2. Will any of the material ever be stored outside the building if so how? Mr. Hughes: Everything will be done inside the building and no handling of waste outside the transfer station. 3. How will this material be shipped/transported to prevent litter to the streets? Mr. Hughes: A tractor trailer unit with a retractable cover. It’s a sealed unit. Littering would not be a problem. 4. Does the material have the potential to create dust in transport or while placed on the tip floor if so, what is the plan to control? Mr. Hughes: What I've been told is I don't think there's a potential for dust, its bread you're going to have some that is in packaging. We aren’t getting loads of flour but if we needed have the misting system that we could use if there's a dust issue. 5. How does AKS plan to comply with conditions regarding vermin, including but not limited to birds, rats, rodents and insects? Mr. Hughes: We have an exterminator service that we would use and we would monitor that with our staff. If there are issues as you know as you outline in the site assignment we would address the issue accordingly. 6. One condition states material is not allowed to remain on the tip floor longer than 72 hours, how long will this material will be on the tip floor? Mr. Hughes: The objective is to comply with the 72 hour limitations so the material will be moved out within that 72 hour. 7. Condition #6 limits the amount of roll-offs on site, will the addition of this material increase roll-off on site? Mr. Hughes: No, when the material comes in picture like a typical compactor box at say a grocery store. Bright Feed would go to that site pick up that container bring it to AKS dump it and return back to the location it came from. They would not be leaving any roll-offs on AKS site. 8. Is this material considered MSW (Municipal Solid Waste) or Recycling? Mr. Hughes: It’s municipal solid waste. It's within the MSW definition but it is recyclable material. 9. Will the acceptance of this material create truck backups in line etc. or create anti-idling violations? Mr. Hughes: I don't see that, it’s not going to add to the amount of time. It will unload very quickly just like a regular trash compactor would unload. The load out process will be towards the end of the day when traffic is lowest. We can dump at the same time we could dump a load of MSW on the other side of the transfer station as well as unload the food and bread waste in the bunker so we're not going to be in hindering any sort of flow of traffic. 10. Will the hours of operation change as a result of taking this material? Mr. Hughes: No. 11. Does the material have the potential to create odors and if so how will AKS prevent odors? Mr. Hughes: Moving the material through on a timely basis is the number one way to avoid any sort of odors. If we did have an issue we do have the misting system with a lot of the capability to add or counteracting to it. The Primary plan is to keep the material moving much like we do with the MSW.  12. Will this material create liquid discharge or create waste discharge? If so does it have the potential to violate the waste water discharge permit? And if the liquids are created will floor drains be installed on the tip floor? Mr. Hughes: I'm told by Bright Feeds that the material we're going to get is not going to create a liquid issue. It’s not like getting produce where you could have that potential, there's no vegetative material associated with this, it's all baked goods and bread. This waste would not affect the Waste Water Discharge Permit. 13. Does the material present any dangers to employees of AKS, OSHA violations etc.? Mr. Hughes: No, it's going to be the same basic PPE that we now have our employee’s wear which is going to be sufficient when this material is on site. 14. Will this operation require an Authorization to Operate permit from DEP? Mr. Hughes: So we are we are modifying our Authorization to Operate right now with a modified waste ban plan as well as a through an SW 45 permit modification which we've submitted. 15. Does this material in any way have the potential to be a threat to public health? Mr. Hughes: No. Mr. Curry stated it’s really up to this Board whether a minor modification is required. If this Board does not feel that the 38 conditions that we have in place from 2004 to present and that public health would be affected by this proposal, then we would force AKS to go to a Site Assignment Modification which is very involved. AKS would need to present how they intend to protect public health. This is a food waste so it does obviously attract vermin but again they are a transfer station so if they're not transferring they're not making money. There is definitely incentive to move materials. See Exhibit D Mr. Curry stated it's up to this Board to decide whether a Modification of the present Site Assignment Conditions is necessary or if the operations seems like it fits in the present operation and they continue to comply with our Site Assignment Conditions, no Modifications would be necessary and this meeting and the meeting minutes can serve as approval, according to DEP. This doesn't seem like it's a large change however in the past we could set a trial period and then come back to us and report in a period of time how things are going. It doesn't seem like a Minor Modification is necessary according to the regulation. There's no increase of tonnage and there's really not a lot of large amount of construction to accept the waste or a lot of change in the operation. Ms. Knipe made a motion to accept the proposals to store bread and baked goods on the tip floor inside the facility as outlined in the application. A Minor Modification at this time is not necessary. Minutes to this meeting will serve as an approval to the Department of Environmental Protection. Motion was 2nd by Mr. Murray, all were in favor. Motion carries. BOH Meeting Rules, discussion and vote on the following rules: OPPORTUNITIES FOR THE PUBLIC TO SPEAK DURING A BOARD OF HEALTH MEETING: Public FORUM: The Chairman will ask if anyone in the audience wishes to speak on any matter appearing on the Agenda. If you wish to address the Board of Health, you must stand and be recognized and follow these rules before speaking: 1. State your name and address. 2. Approach the center table and either stand or sit. This allows you to be seen and heard clearly by everyone in attendance. 3. You may speak only on items appearing on the agenda for no more than (2) minutes. 4. Please state the petition, order, ordinance, or resolution number to which you refer Ms. Knipe stated she is proposing to incorporate the above clause on all BOH’s future agendas regarding BOH meeting rules and opportunities for the public to speak during a BOH meeting. The above format will keep the meeting in line with the open meeting laws. Mr. Curry stated residents can state where they are from and don’t need to give there address but we will need the name for the minutes and we should know that they're from Fitchburg. If more time is needed than the 2 minutes to speak, the Chairman can allow longer time. Ms. Knipe made a motion to accept this clause to be placed on our agenda prior to all BOH meetings. Motion was 2nd by Dr. Bogdasarian. All were in favor, motion carries. The next BOH meeting will be Thursday January 6th, 2022. Ms. Knipe made a motion to adjourn. Motion was 2nd by Mr. Murray. All were in favor, motion carries. Meeting adjourned at 7:15pm.