The Marion Board of Health is confident that the financial teeth in Health Agent Ana Wimmer’s proposal for new dumpster regulations will deter recent problems from recurring.
In her update to the board during Tuesday’s scheduled Zoom meeting, Wimmer outlined the results of research she conducted of other towns’ codes and practices and reported her findings with a recommendation for the framework for new regulations for dumpsters and wells in Marion.
It is expected that Wimmer will soon deliver a document to the board titled, “Storage and Removal of Garbage Refuse,” after which a public hearing will be scheduled to discuss and potentially adopt as new regulation, possibly as early as the board’s next meeting on November 16.
Based on a recent incident at Marconi Village that resident Eileen Marum, herself an elected official in town serving on the Planning Board and the Energy Management Committee, brought to the board’s attention, much of the focus in the proposed regulations will be on communication.
Main points of the proposal are as follows: Permanent and temporary dumpsters must be permitted unless it is present less than a day; temporary dumpsters are limited to seven days; permanent dumpsters require trash pickup at east every seven days, and full dumpsters shall not remain on site for over 24 hours.
Should dumpsters be non-compliant, the Board of Health will have the authority to call for emergency pickup, bill the cost, and levy a fine to the owner to cover any associated expenses.
Board member Dot Brown said she likes the inclusion of the owner paying for the extra pickup and paying a fine, calling the measures the “only way to make sure it happens.” She continued, “I would encourage that we charge the fine and that the fine keeps going on up.” An unclean site, suggested Brown, should warrant a warning, maybe two warnings, then start enacting fines. “Again, it seems to be the only thing that helps. … I have a feeling it won’t [happen] very often.”
Wimmer listed clerical and physical regulations involving record keeping so responsibility can be more readily established when there is a problem. Residential dumpsters would be used solely for household garbage, thereby prohibiting contractors performing renovations from using them to dispose of their debris.
A mandatory 6-foot-high enclosure would provide space for handicapped access, along with an impervious surface under the container. It will be the responsibility of the owner to maintain a clean and sanitary condition (already in Chapter 2 of the board’s regulations), tight-fitting covers, and metal or durable material.
Any trash hauling would require licenses via the Board of Health, any pickups not on time must be accompanied by communication when issues, and garbage must be transferred to a solid waste facility.
Before Wimmer began her report, Marion Board of Health Chairman Dr. Ed Hoffer clarified that dumpsters by and large have not been an issue in town, that restaurants’ dumpsters fall under separate regulations, and most other dumpsters have been an issue. Hoffer referenced two complaints this fall brought by Marum about the dumpster at Marconi Village after the construction workers loaded it up to the point the residents were forced to take extreme measures to dispense of their own waste.
Eagerly awaiting an opportunity to address the meeting, Marum considered details of the situation at Marconi to be crucial to the public’s understanding of the communications aspect and to correct any misinformation out there.
She said that debris from refurbishment work, cleaning material and paint, were placed in the dumpster that residents are by contract allowed exclusive use. “Some tenants kept the trash in their apartments, some brought it to their children’s homes,” said Marum, noting that a huge pile of plastic bags sat atop the dumpster as a result of the conditions.
Marum also said the dumpster was resultantly infested with flies, bees, squirrels, mice, and potentially rabid animals. “Not only were elderly tenants exposed to disease, but neighboring residents, children, and businesses were placed at risk,” she said.
Hoffer told Marum, “You sound like you’re trying to convince the converted,” but Marum asked to continue in order to point out conflictual information she was given when she tried as a resident to get answers from SK Management (building manager) and Republic (trash company).
Hoffer assured Marum that the board is “working to address your concerns.”
Marum said she learned that the pickup cost would have been $217 and suggested that to be the reason why Republic was not notified of the need.
Hoffer suggested an additional fine in a future case such as that one.
Wimmer added Little Neck Village to the sites experiencing problems with trash pickup.
Wimmer’s report to the board on potential well regulations was substantially briefer, covering prior discussion that showed a consensus toward more frequent testing for E. coli and other contaminants if the well is within 1,000 feet of a cranberry bog or other agricultural property.
The new twist is a proposed requirement that well owners sign a document stating that they will not use agricultural wells for drinking water (town officials suspect some residents may be tying the purposes together, albeit illegally, due to substantial cost savings).
Board member John Howard asked if Wimmer’s proposal for well testing is consistent with other towns. Wimmer said with “some of them,” yes, but that the recent boil order justifies going beyond.
Hoffer said at least a dozen towns in Massachusetts have a regulation like what Marion has in mind. “We would not be an outlier,” he said. “Not even a little,” added Brown.
In her Public Health Director/Nurse Report, Lori Desmarais told the board there are eight active COVID-19 cases, down from 41 when the board last met.
There were 71 positive cases in Marion in October, up from 39 in September, and there has been one positive so far in November as of Tuesday.
Sippican Elementary School had two current positives as of October 28, while Old Rochester Regional Junior High had one person in quarantine, one positive test, and seven total for the school year. At the high school, there have also been two positive tests this academic year; none were in the test and stay program and none were in quarantine.
Tabor Academy continues testing on Thursdays and reports one positive result out of 100 people tested, and six since the start of the school year.
Desmarais anticipated news last month of approval for half-dose boosters of the Moderna vaccine. She also has attended discussions where approval for ages 5-11 were being held.
A drive-thru COVID-19 booster clinic has been scheduled for Friday, November 5, from 9:00 am to noon at the Cushing Community Center; there were over 130 registered as of Tuesday. Desmarais said the clinic is capped at 140 but that she can call on Fire Chief Brian Jackvony to gain approval to expand or add stations. She also said Marion could schedule another booster clinic. There are 200 doses available (10 vials that can be punctured 20 times).
The town has distributed 600 doses of flu vaccine in clinics so far this season, including a recent clinic held at Little Neck Village. No more clinics are scheduled, but Marion has a limited number of high- and low-dose vaccine and has conducted home visits.
The next meeting of the Marion Board of Health is scheduled for Tuesday, November 16, at 4:00 pm.
Marion Board of Health
By Mick Colageo