 So called meeting to order of the meeting of the select board on Wednesday, July this 27 2022 the select board's meeting at the steel room and We need to approve the tonight's agenda Any changes or amendments to tonight's agenda? I'll move to approve the agenda Okay, did you have a I was just gonna say I wanted to edit the minutes, and I think technically we need to take them off consent Not to be a no sorry right, but can we just put we'll just change Approve the minutes of the July 18 meeting right after public with no consent agenda Okay, okay. I think that's a friendly amendment if so, we have a motion do we have a second to the Motion We have a motion and a second All in any further discussion All in favor say aye. Aye Any opposed any abstentions the agenda is passed Consent agenda items the minutes of the July meeting Point of order We just moved to not have a consent agenda. Oh, okay, okay Yes So we'll pass through the consent agenda It's now the time if any of the public needs to make a brief statement Anyone needs to make a comment Now is the time to do so There being none We'll move on to the select board items Someone want to make a motion to Go in and we're going to be first discussing the Anderson appeal of the Grayson subdivision Excuse me, could we address the minutes that Alyssa wanted right? Okay so I So I make a motion to approve the minutes of the July meeting as presented with the addition of one sentence Before the housing item just clarifying that it was in the 2018 plan. It was just a clarification Thank you, Alyssa. Is there a second to that motion? Motion in a second any further discussion If not all in favor say aye aye any opposed any abstentions motion passes Okay We'll wait just a couple of seconds until Bill returns We can make them so I move to find that general public knowledge of the details of pending litigation Involving the town of Waterbury would clearly place the town at a substantial disadvantage Okay That general public knowledge of the details of pending litigation involving the town of Waterbury would clearly place the town at a substantial disadvantage Okay, I'll second that We have a motion and a second Any further discussion? If not all in favor say aye I any opposed Any abstentions motion carries So I move to enter into executive session to consider pending litigation involving the Grayson subdivision and related Confidential attorney client communication made for the purpose of providing legal advice to the town There's a motion. I'll second that one as well second session. There's a second now by Roger Any further discussions? If not all in favor say aye Any opposed any abstentions motion carries Also move Second Motion is second any further discussion to be clear the motion is just stating that we're coming out of Just You just no action taken right at 804 p.m Everyone's clear all in favor say aye aye any opposed any abstentions Next item on the agenda is public health complaint at 3 bachelor Street So just to report to the board In my capacity as the deputy health officer, I received the phone call last week from a gentleman who delivers meals on wheels and He told me that there was a tenant at three batch elder Street that had been living Without water in her apartment since July 6th This was late in the day on Thursday I made arrangements to meet him at the location on Friday morning at 1030 and He introduced me to the tenant who lived there and I spoke with her and then looked Went in the apartment looked around and found that there was indeed no water The Property has changed hands I have varying Statements one statement set and I didn't look I I haven't looked in the land records But one of them told me that it changed hands in December of 2020 and the other one told me changed hands in December of 2021 The new landlord whenever they purchased it recently has decided to Renovate the building and evidently the first step Taken was to tell the tenants there that the rent was going to double And three of the four tenants left the building because they couldn't afford a doubled rent at that location The tenant in question in unit three Hasn't been able to find a place to go so she has not vacated the property It appears the landlord Although there's a dispute about rent being paid or not paid Certainly than the higher rent hasn't been paid The the tenant is still there so anyway, I called the landlord and talked with her and She indicated that she had asked the tenants to move out because she was wanting to renovate the property and that this particular tenant wouldn't move and That she hadn't paid rent And I said well she's still here And she's in your building and whether we like it or not you can't have somebody living in your building with with no water and Then she proceeded to tell me that And I asked her I said have you taken legal steps to evict the tenant and her statement to me was well if I Followed the rules it takes six to nine months. So I didn't do that. I said well I understand that the laws may be in your opinion tilted toward the tenant, but the law is the law you can't just Shut the water off and she said well, I didn't shut the water off to Move out. There's a leak in the other In one of the other apartments behind the wall and I had been in another apartment and saw a wall that had been partially Taken down and there was clear evidence that there's a leak there and I talked to Bill Woodruff and who used to be the water Superintendent who's been in that building to meet meters on many occasions and he said yeah, there's there's no There's no plumbing in the building to isolate any of the apartments There's just one shut off. So the water is either on or off and I told the woman I said I can turn the water on right now So she has water and she said well don't do that because it will flood the building so anyway Going back and forth with her told her that I was going to have to take this action and I Did talk to an attorney to help me With this health orders are a laborious process You have to start with a notice of intent to issue a health order and the draft health order has to be part of that notice So I started that process when I talked to the lawyer He said you really need to go back to the building and do a full inspection using the rental housing code I did that and In addition to no running water and no hot water There are other issues There's no working smoke alarm or carbon dioxide a Detector There's a fire extinguisher that looks like it's charged and ready to go except there's a tag 2003 on it, so it's pretty old And There's a couple of other minor issues The health manual Requires the health officer to report to the Department of Public Safety any Life safety issues where the violations are found so the co2 and the smoke detector and the fire extinguisher Those are all Life safety issues, so I did call the Department of Public Safety yesterday Told them what I found and I imagine they will investigate so What will likely happen is Health order a notice of intent to issue a health order will be issued likely early next week and In conversation with the attorney Obviously the hope is that once the notice of intent to issue an order is issued or perhaps even based on the phone Call that I had with it with the landlord on Friday That they'll get this taken care of but I think the notice of intent to issue a health order will indicate that on August 15th the select board will meet as the Board of Health for the town of Waterbury and Take up this issue and decide whether or not to issue a health order obviously the landlord can be present and if the Select board in their capacity as the Board of Health issues the health order. It's appealable To the State Board of Health and potentially the courts, but that's the process so I Just want you to be aware that there's a potential on the 15th of August that you'll have to meet as The Board of Health, it's it's nothing special. You just on your select board warning That's then that will be a regular select board meeting on that agenda if it's necessary It will indicate the select board will meet as the Board of Health to take up this issue When I talked to the landlord on Friday, she told me that The early she could have a plumber there was on Monday. I went back to the unit on Monday There was nobody there on Tuesday. There was nobody there. I didn't go there today But I haven't heard from the tenant that anybody has showed up. There is a dumpster Parked in front of this building on Batchelder Street bill would have the public works director gave The landlord weeks ago permission to put the dumpster there. It's pretty hard to get the dumpster There's a narrow driveway with a outdoor Fuel oil tank in the driveway. So if you drive a Big giant dumpster pass it you might have an oil spill. So Bill said yeah, you can park it in the street gave them I he told me how long it gave them to Allow it to be there, but I don't remember what the date was Nothing has changed in the dumpster in the couple days that I've looked at it. So anyway, that's it's just the update So if you have questions, I'll try to answer them otherwise I'll keep you posted and I'm hoping that this issue will resolve itself before we have to have Hearing as the Board of Health, but if not You'll have a new experience Any further legal businesses they'll come before can come before us I was just wondering if we're going to meet and I read you grow regularly scheduled time next week or if we're going to Pass on that and meet on the 15th. Yeah, my recommendation is given that we've met tonight I checked with Carla this afternoon. There's nothing really Percolating that needs to be done on the first. I mean there's obviously parking lot issues, but my recommendation unless you really want to meet is You know cancel Monday's meeting and just meet on the 15th School doesn't start before the 15th Before school starts, so that would be No, that request aside, I'll be the one who says I don't want to be the one Meeting but I also think we talked about scheduling a special meeting for our post. So I guess At least personally, I put the meetings as a recurring event on my calendar So I'm not advocating for it But I guess if our alternative is to schedule a special meeting I would argue maybe we have I will go with the consensus of the board. So if folks want a night off, I will not be the lone one to have you I just before scheduling is I would be hesitant to cancel a regular meeting only to need to schedule yet another special meeting Maybe we have to abbreviate a meeting for an hour for the things we've never had time for again If no one wants to do it, but I was gonna Send an email about an hour per meeting and I was curious timing wise. I think it would make more sense to wait till September or October well, I I mean it's already Wednesday. I don't think noticing a meeting for Monday to deal with opera is That's not very timely. I just want to have a preliminary conversation I thought our conversation was the board wanted to have a conversation about strategy No, and the like I think I forgot how we only send our agenda for the Monday meeting on Thursday or Fridays when I see it As a board member Yeah, we we have to post the agenda at least 48 hours before the meeting so Friday is when genders go out So if you're gonna meet Monday Tell us what you want on the agenda and we'll be here That should be a good portion of a whole meeting or a whole an entire special meeting a full meeting I Don't carry the way You know I'm saying yeah, I hear you What's every I've heard some mixed opinions Do we want to vote if we should have a meeting or? Or is there some can we have some sort of consensus of what we should do for Monday's meeting? Roger. Yeah, I know personally I'd rather take next Monday off and Meet on the 15th and then find another time to have a meeting about ARPA funding and perhaps Give ourselves a little bit more time to be To prepare for that meeting and understanding what some of the options are I'm hearing kind of a consensus that we probably need a little more time to do an ARPA meeting of there's From what I'm hearing from the consensus is that Monday would be a good day to take off That's no one's no one has a problem Right The 15th could then be it might be a long meeting Maybe on the 15th we can set the time for the Well, we we can as we get closer we can see how much other stuff we have so you've got the housing task force The you're gonna want to come on the 15th. So is that half an hour discussion? Is it 15 minutes? Is it an hour? Okay, so I think we can decide then You know do we need to start earlier than seven? earlier than seven is Tougher for some, you know Chris works and And and it's hard for me to sometimes An earlier meeting than seven is a challenge sometimes, but if the agenda is Too long then we can start at six and and if we did what I would do is if we have to have that Health board meeting that should be the first item on the agenda because you never know how long that's going to take Okay, so it sounds like we're gonna punt on Monday's meeting Anything else that we have to discuss Nairies