Update on Tuesday, Oct. 13: Robin Knapp, senior manager of resident services, said all units at Highland Woods were inspected three apartments were identified with bed bugs. 

WILLIAMSTOWN, Mass. — The Board of Health on Monday asked the health inspector to keep the pressure on the manager of a senior living complex and discussed the pressure of a well recently dug for a residence on Cold Spring Road.

 

Ruth Russell told the board that Hearthway of Pittsfield has been treating for bed bugs at the Highland Woods apartments on Church Street. But she said communications have been slow.

 

"In the last communication, they were moving to the second half of the building," Russell said. "A request was sent for an update, but one has not been received.

 

"Wednesday was my last check-in. … I'd expect a response by today at the latest. I can let them know the Board of Health is also interested in an update."

 

Russell said she was particularly interested in hearing about efforts to address a unit in the building that has been identified as a source of the infestation.

 

iBerkshires reached out to Hearthway on Friday morning for an update and will post that once it is received. 

 

A resident appearing before the board at its Monday morning meeting said she first experienced unexplained itching last fall and, after trips to the doctor and a couple of allergists, discovered that the problem was bed bugs.

 

She said her unit was sprayed in the summer and most recently on Sept. 1.

 

"I moved back a couple of weeks ago to my apartment, and everything was fine," she said. "I haven't seen a bug. I was aware the apartment had been really sprayed and sprayed a couple of times. So far, so good."

 

She was inconvenienced by having to dispose of her bed, bedding and some clothes, but, "I do believe Highland Woods [Hearthway] is making an effort."

 

On the other hand, she was concerned about the extent to which residents of Highland Woods were made aware of the bed bugs issue. She said she spoke to several of her neighbors who knew nothing about the problem.

 

And Russell told the board that she had concerns about the treatment notification that the property manager shared with residents.

 

Russell explained that the state housing code requires such notifications to give more detail, including the name of the pest control company and its license number, the active ingredients in any materials applied, and the inspection and treatment dates.

 

"I'm going to provide [a sample notification] to them and ask that they immediately adopt that, per the housing code," Russell said. "I hope that will at least help let people know that chemicals are being used."

 

Board Chair Devan Bartels thanked the resident for helping to daylight the issue.

 

"We're going to work within the law as much as we can to push everyone to make sure the units are sanitary and habitable to the highest standard," Bartels said. "I think we're going to redouble our attention as best we can within the purview of the Mass code."

 

Staying in the insect world, the Board of Health on Monday also heard an update on a planned public information session it is hosting at the Milne Public Library on Tuesday, Oct. 20, from 4 to 6 p.m.

 

Berkshire County Mosquito Control Project Superintendent Chris Horton will be on hand to answer questions about the program.

 

"This is an opportunity for residents to come, ask their questions, air their concerns and have a dialogue about the potential for Williamstown joining the [project]," Bartels said.

 

She said that while the board cannot make any decisions about the town joining the BCMCP, it can use any feedback received at the Oct. 20 session when considering whether it wants to put the question before May's annual town meeting, which does have the final say on whether Williamstown is added to the regional initiative.

 

Another resident, the owner of a home at 839 Cold Spring Road (Route 7) was before the board asking for a variance to the local regulation on well testing.

 

Russell explained that wells needed to be tested for flow rate, and, in some towns, a one-hour test is required. Williamstown is among the towns that require a four-hour flow test, Russell said.

 

"The reason for a four-hour pump test … is one hour gives you a good range, but a four-hour test gives you a reflection of normal family usage and what that would look like," Russell said.

 

The well digger, Claverack Well & Pump Service of Hinsdale, N.Y., performed a one-hour test and told homeowner David Keiser-Clark he needed to pay a $1,300 charge to have the company come back and do the four-hour test needed to get a permit in the town.

 

Russell told the board that the town's permit application includes language bolded and in capital letters specifying that a four-hour test is required and that the vendor in question has been reminded of this requirement in the past.

 

"In my mind, it's pretty clear," Russell said. "It doesn't seem super fair that they're turning around and charging the homeowner for something they were legally obligated to do in the first place."

 

Russell told the board that the homeowner has a case for a variance, since the one-hour test showed a flow rate of 45 gallons per minute and, "anything over 10 gallons per minute, you're looking pretty good."

 

The board did not make a decision on a variance on Monday but instead turned its attention to the well-drilling company. Bartels started the conversation by asking if there was any repercussion for not doing the required test in the first place, to which Russell suggested one step would be to notify the Department of Environmental Protection, which manages a list of qualified drillers.

 

"I would like to give Claverack the opportunity to make good," Bartels said. "It's reasonable for Ruth [Russell] to reach out to them to do this without that exorbitant fee, and we could publicize that at a subsequent meeting.

 

"If they were not to want to clear their name publicly, I'd be of a mind that it would be appropriate to grant you a variance, understanding you're taking on a small risk by not knowing the four-hour test result."

 

"I agree," board member Wendy McWeeny said. "The onus should be first on the business to make it right."

 

Bartels asked Russell to reach out to the well-drilling company to inform it of the board's discussion.

 

When Russell noted that the driller also left Keiser-Clark with the burden of doing additional water quality tests required by the town for a permit, Bartels said the inspector should also ask that Claverack reimburse those fees.

 

In other business on Monday, the board discussed running a series of focus groups and a townwide survey as part of a community needs assessment.

 

Sandra Goodbody reported that through her interactions with residents at the town's farmers market this summer, she has learned that residents' health concerns include much of what the board has been discussing as well as some broader issues, like food insecurity and data centers.

 

The board also Monday continued a project to make the town's bylaws and the board's regulations consistent. Bartels noted that while the board regulations typically top out at $300 per day for offenses, state law allows that penalty to be up to $1,000 per day.

 

"It's a question for Ruth whether she thinks [raising the fines] would improve or not add anything to behavior," Bartels said.

 

Russell said she did not know whether higher fines are necessary but it is the board's prerogative to raise them. She did suggest that if it does so, the board should consider raising them gradually.

 

At the suggestion of board member Marzio Gusmaroli, panel agreed to look into the fine structure of neighboring municipalities before making any decisions about where to set its penalties.