ADAMS, Mass. — The Board of Health will hold a public hearing to address new solid waste hauler regulations to discourage unpermitted haulers from operating in the town.
"I do get complaints," Chairman David Rhoads said at last week's Board of Health meeting. "I understand a large part of this is protecting those enterprises that go by the book. I think that is really important for us."
Code Enforcement Officer Mark Blaisdell said he has received numerous complaints about unpermitted haulers picking up trash and scrap in town.
Without a proper regulation on the books, he said, there is little the town can do. He said if he observes an infraction he can approach the hauler. He said the police can also be notified.
Blaisdell suggested creating a new regulation that would allow the town to fine residents who use unpermitted haulers.
"The enforcement is more difficult because there is no language on the books," he said. "As long as there is a regulation there, the town can enforce it ... there is no accountability for constituents who use a nonpermitted hauler."
Rhoads said he would consider the amendment but didn't want to fine neighbors simply helping neighbors.
Blaisdell said he did not think this would be a problem unless there was compensation of some kind.
"If you are taking a neighbors trash after they just got surgery, for example, that is good-natured," Blaisdell said. "If you do it on a regular basis and take compensation that, in my opinion, would constitute a business."
Board of Health member Peter Hoyt agreed but felt the town had to educate residents. He said most people don't think to ask for a permit before they hire a trash hauler.
"Most people don't do that or think of it when you are looking for a hauler," he said. "You are just worried about getting it out the yard. I don't disagree; I just want to understand how people are going to be educated on it."
Blaisdell said all haulers are supposed to carry a permit in their truck. He said residents can also ask for a permit or call his own office.
Rhoads added that the town should be able to advertise this new regulation.
Rhoads said he would like to see a draft regulation next week
In other business, Rhoads said a recent Open Meeting Law complaint against the board has been resolved.
"We can let this rest, thank goodness," Rhoads said.
In July 2020, a resident filed a complaint against the board members accusing them of deliberating via email with the code enforcement officer and building inspector.
At the time, Town Counsel Edmund St. John III said this is not an issue because the board members did not email amongst themselves outside of a public meeting. He said it is standard practice for boards to receive information from department heads and town employees.
Another part of the complaint was that the public was muted during portions of the meeting.
Rhoads said the attorney general resolved the complaint and agreed there was no violation.
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Cheshire Considering Town Cell Phone Policy
By Breanna SteeleiBerkshires Staff
CHESHIRE, Mass. — The town is looking into a phone policy after then Police Chief Timothy Garner recently brought the issue up to the Selectmen.
Garner said the Police Department has three cellphones and that he recommended using FirstNet, a free phone and low-price service for first responders. No one on the department should be using their personal phones, he said, to which the board agreed. Town Administrator Jennifer Morse said the town is already using that service.
Morse said town-issued phones are important for employees to help keep their personal and work life separate and private and that there should be a clear policy regarding the phones.
"Cell phones are no longer simply a convenience or an employee benefit; that there, it's a record management keeping, evidence security, privacy, operational readiness, and risk control measure. When police or any town business happens on a personal phone, the employee's private device can become entangled in public records requests, litigation holds, subpoenas, investigations, discovery demand, and for other evidence purposes." Morse said.
"And our phones have been, a few of us have been subject to public records requests within the last couple months, and going a little bit further back, it protects the officer or the staff member and their family's privacy, sensitive victim information, evidence integrity, continuing in access and cybersecurity and accountability. I think letting the new chief decide what he wants to do is definitely the way to go with this."
Chair Michelle Francesconi said there should be townwide transparency on who has phones and who gets reimbursed.
The town should "work to develop a cell phone policy about the use of town-issued cell phones, and that there be some sort of document that is shareable with the Board of Selectmen, so we know without just flipping through the warrant on a biweekly basis, but we know everybody who has a town-issued cell phone, everybody who receives a cell phone reimbursement," she said. So there's just a clear paper trail of when it was issued, and and just a timeline. ... I mean, we, the officers and all town employees, we're all subject to Open Meeting Law and public records requests, and things could be subpoenaed at any point in time."
The conversation broadened into that if the department needs a phone it should be a town-issued phone and not something to be reimbursed as it could be exposed to public records requests.
"It also helps employees separate from their work lives and their personal lives and their work lives, and that's really increasingly difficult with email and technology, just being able to isolate your hours and not be bombarded with work calls all the time," Francesconi said. "So if we can just get a handle on all this, doing the Police Department situation, kind of in tandem with what we're doing in the town."
The board members decided they will keep working on a policy.
They are currently awaiting a quote and some mock-up photos of the new sign from Stewart Signs. The town is considering moving the sign across the street and is in contact with Sommer Electric and National Grid to find out if they can add at least a 150-amp panel and underground wiring and what the quote would be to do that.
Francesconi said the fire chief is able to take the sign down when convenient for him and might be looking into taking away or making the current garden smaller.
Dozens of fire trucks escorted by marching firefighters made their way around downtown Adams on Saturday to the sounds of drums, fifes and the skirl of the bagpipes. click for more
Adams Town Administrator Nicholas Caccamo recently announced that the town missed out on a $4 million U.S. Environmental Protection Agency Brownfields and Land Revitalization grant. click for more
BRPC was awarded an additional $64,700 that will allow them to gather information about transportation needs in northern Berkshire County. click for more
Matthew Wright, formerly a sergeant in the Adams Police Department, officially took his post on Tuesday, Sept. 8, and said he is excited to hit the ground running. click for more