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HomeMy WebLinkAboutHEALTH-09052013_201311140804Board of Health Minutes September 5, 2013 Present: Catherine Memory, Chairperson; Michael McClean, Clerk; Nancy Wall; Michael Healey; Scott Leite, Board of Health Agent. 1. Call to Order @ 7:05 PM in Meeting Room 2 A/B 2. Consent Agenda Approval of June 6, 2013 minutes Approval of a Permit to Operate a Temporary Food Establishment Attleboro Del's and Ice Cream (3 Pushcarts) Boy Scout Troop 17 — Congregational Church D1M Wholesale LLC dba Proofed Artisan Breads Ice of Paradise — The Comcast Center (4 Permits) Mansfield Band Parents Association, Inc. Mansfield High School Cheerleading Palagis Ice Cream Street Factory Media Tri- County Chamber of Commerce — Street Fair— Family Fun Night W renfield LLC dba Liberty Tax Service — Street Fair — Family Fun Night Approval of a Permit to Operate a Food Service Establishment Amu Aleda's Bakery & Country Kitchen, Inc. Cat Man Caf6 Cupcake City LLC Gourmet Pizza & Grill Magic Pizza Papa Gino's St. Mary's School Mansfield Pop Warner Football New England Sportservice, Inc. (13 Permits) Shaw's Supermarket, Inc. Stop & Shop Supermarket Co. TGI Friday's Approval of Pushcart New England Sportservice, Inc. (8 Pushcarts) Approval of a License to Sell Milk and Cream Aunt Aleda's Bakery & Country Kitchen, Inc. Cat Man Cafd Cumberland Farms CVS Pharmacy 111866 Gourmet Pizza & Grill Kinder Care Knowledge Learning Corporation Magic Pizza Mansfield Pop Warner Football Papa Gino's St. Mary's School Shaw's Supermarket, Inc. Stop & Shop Supermarket Co. TGI Friday's Approval of Permit for the Sale of Tobacco Products Cumberland Farms CVS Pharmacy #1866 Route 106 Wines & Spirits, Inc. Shaw's Supermarket, Inc. Stop & Shop Supermarket Co. Stop & Shop Supermarket Co. Gas Station #007 Approval of a Retail Snack License Best Buy Michaels @ Mansfield Crossing Mall #7737 Phillips -Welch V.F.W. Post 3264 Route 106 Wines & Spirits, Inc. Stop & Shop Supermarket, Co., Gas Station #007 The Home Depot Approval of Residential Kitchen Karen Glaropoulos Approval of a Retail Food Establishment Permit Cumberland Farms CVS Pharmacy #1866 Five Below Approval of a Disposal Works Installer Permit John Caponigro Motion to approve consent agenda Healey /Wall 4 -0 -0. 3. Correspondence: HealthCare Options, Inc. Contract: Mr. Leite said service will remain the same. He told the board not every town is charged the same; some towns have agreed to the increases, some have not. The amount charged should be based per capita and the cost off -set by HealthCare Options collecting health insurance money when administering vaccines; at this time HealthCare Options does not go after this revenue. The contract is for $24,656. 00, payable in monthly installments of$2,054.67 per month. Ms. Wall made the motion to accept the HealthCare Option contract for July 2013 -July 2014. Mr. McClean seconded the motion. Motion passed 4 -0 -0. 4. Health Agent's Report: A. EEE: The EEE virus has been detected in Mansfield. The virus was detected in a pool of bird biting mosquitoes which do not bite humans or other mammals. Mr. Leite said we are at a moderate level because neighboring towns have bird and human biting mosquitoes. Ms. Memory asked if the schools have decided to curtail evening activities. Mr. Leite said the Town of Mansfield is not at that level and there is certain criteria to follow and we are not at that point yet. He will be on vacation September 6 -13 and will continue to monitor the situation. B. Proposed Well Restriction Update; CDC —ATSDR Finding: Mr. Leite said the draft for the well restriction for the Hercules landfill site on Stearns Avenue has been changed. After being presented, the lawyers on both sides asked that any well be placed an additional 500 feet from the property line of any contaminated site. This site is approximately forty acres with a one -acre landfill. Mr. Leite said the landfill is "T" shaped with a border of 1,100 feet so an additional 500 feet would be necessary before anyone could install a well. If this were a two -acre site with a A- acre landfill, you would still have to be 500 feet from the property line even though it is a much smaller site. It does not take into account plumes or materials and still puts a stigma on a property. Mr. Leite said there has never been any risk assessment reports done because this contaminate, Pentaethenol, a plasticizer, is not associated with illness, disease or health issues and is not listed as a hazardous chemical. Mr. Leite said in 2004 the CDC sent out a team to determine if there were any health risks related to this site after being asked to investigate because of seizures in children. It was determined there were no health problems associated with this site. The site had been a playground for years and there were a number of wells surrounding the site. Mr. Leite said when the site was to be closed, a number of studies were done on the wells and the Department of Public Health put a limit of 500 parts per million for human consumption. Of the wells tested, the highest contaminate level in the ground water was 300 parts per million. Mr. Leite said the Board of Health has no reason to tell property owners they are not allowed to put in a well, but Hercules wanted to ban all private wells, potable as well as auxiliary wells. Mr. McClean asked if a Human Health Risk Assessment or any other studies have been done. Mr. Leite said he believes the state did an assessment but because there is no documentation, the limit of 500 parts per million is more a recommended level then one that is based on a study. Mr. Leite said additional testing has been done by DEP, private labs, and Hercules. He noted that town water is available to everyone and there are currently no existing wells in this area. Mr. Leite said town counsel agrees once you tell someone there is a landfill here and you can't have a well, you put a stigma on their property, when there is nothing to substantiate the need for the restriction. Mr. Leite explained the town was ordered to close the town's landfill in 1987 but the Hercules site was not closed at this time because of the cost. When DEP notice the site had never been closed, they order the site to be closed and, because the town never used the site as a landfill, DEP helped Hercules pay for the cleanup. When this was being negotiated, the restriction became part of the agreement because the former town manager said it would not be a problem to restrict wells. Mr. Leite said one of the ways to protect the residents but still allow auxiliary wells, would be to require it be recorded on the deed that it is not a potable well and should never be used as a potable well. Ms. Wall asked how many properties are involved. Mr. Leite said there are 16 or 17 properties Mr. Leite said there are two types of wells, potable and auxiliary. He said most well applications are for auxiliary wells for watering lawns and washing cars when there is a water ban but he recently approved two potable wells for the first time in ten years, mainly because it was new construction and the houses were set so far back on the property that it was cheaper to put a well in. He said laws cannot be made to target certain parcels of land when there is no proof there is a health risk, so the regulations would be for the entire town. Ms. Memory said she is concerned with a regulation that would impact the whole town. Mr. Leite explained that people own the rights to the water on their property and you can't tell them they cannot maximize the use of their property. Mr. Healey asked if there was a map that shows specific areas that would be affected by this regulation. Mr. Leite said it would be impossible to map out a 500 -foot buffer around a site because groundwater flows in different directions but a map that would include generalize plumes could be developed by the town's GIS Department. Mr. Healey asked what the process is when applying for a well permit. Mr. Leite said for both potable and auxiliary wells, if the property is on septic, a plot plan is submitted by an engineer or surveyor showing all septic systems within 100 feet of the well site. Construction of a potable well is different and there are basic potablity tests that test for minerals, bacteria and water hardness. The homeowner would be responsible for continuing the water testing. If the property is on sewer, you still need a permit with a plot plan because there could be septic systems within 100 feet of the proposed well. Mr. Leite said the previous town manager signed a binding agreement and if the town does not fulfill the contract, the town could be liable. Town Counsel is in contact with the former town counsel and she will ask if Hercules will allow the agreement to be re- opened to try to develop an agreement that will satisfy the concerns of Hercules and does not cause harm to the residents. Mr. Leite said in the agreement, Hercules specified there are to be no wells, either potable or auxiliary wells, around the Stearns Avenue site because of the liability. He said the former town manager made a decision that he did not have the authority to make. Mr. Leite said a human health risk assessment will be done, with Hercules and the town covering the cost. C. Proposed change in Mansfield's acceptable percolation rate: Mr. Leite said the soil rate for failure is 20 minutes per inch and the state rate is 60 minutes per inch. He said if there is an existing house with a failed system, it is 60 minutes per inch. If it is new construction, it is 20 minutes per inch. He noted it is the same waste water that goes into the ground. Most towns in Massachusetts have a 60 minute per inch percolation rate. Mr. Leite would like to do a workshop in the fall to show the board the different types of soil. The board will decide later if the percolation rate should be changed. D. Mr. Leite said the Smart Board, paid for with Emergency Preparedness funds, has been installed in the Selectmen's meeting room and its use will be limited to boards, committees and departments. Emergency Preparedness has now decided that towns and cities can no longer make individual equipment purchases; equipment will be purchased for the whole coalition. E. Center for Domestic Preparedness: Mr. Leite will be taking a class at the Center for Domestic Preparedness the first week in November. The board will meet on November 14, 2013. F. Dr. Hartman — Tobacco 21: Dr. Hartman contacted Mr. Leite during the summer. Mr. Leite asked if the board wanted to continue or finalize this issue. Ms. Wall commented that the board has repeatedly asked Dr. Hartman for information. Mr. McClean said information was provided but not what the board had asked for. He said Tobacco 21 is a web site of Dr. Hartman's but Mr. Leite said it is an old site from 2008. Mr. Healey asked if there were any tobacco programs at the schools. Mr. Leite said Marilyn Edge, Director of Western Bristol County and Foxborough Tobacco & Alcohol Prevention Collaborative, works with the schools. Mr. Healey would like to have a representative for the school come before the board to discuss their smoking policies. He said he would be more interested in what help the Board of Health can give the town on this topic than what Dr. Hartman wants. Ms. Memory said the information from Dr. Hartman is not enough at this point to warrant the board looking into something that is legally authorized. She does not want to discuss this issue every month and the board should look into how big an issue this is in the Town of Mansfield. Mr. Healey agreed and said the board should be getting feedback within the community not from outside. Mr. Leite said he has drafted a summary regarding Dr. Hartman's proposal; the information presented to the Board of Health is not commensurate with the suspension of an activity that is permissible by law. Mr. McClean said the board needs information that supports this change would have a positive impact. He said the town could do its own survey or maybe done by a student as a school project. Mr. Leite said he will contact Pat Harrison, the Nurse Leader at the school and ask her and Marilyn Edge to the October meeting. He will also respond to Dr. Hartman, thanking him for his time but tell him the information is not enough and the board will pursue this issue themselves. G. Fluoride: In the spring of this year Mr. Benjamin Yeransian, a Mansfield resident, requested documents concerning the fluoridation of Mansfield's water supply. Mr. Yeransian sent an e- mail in August and wanted to know what town board had the authority to order the Town of Mansfield to fluoridate the water supply. Mr. Leite responded to Mr. Yeransian in a letter with the chronology of steps the Board of Health took in ordering the fluoride. He said parents met with the board to discuss the introduction of fluoride into the water supply and the request went through all the processes; a non - binding referendum and funding were added to the Town Meeting warrant. Mr. Leite said it took ten years before the fluoride was added to the water supply. Mr. McClean said there is no new information that suggests the fluoride should not be added to the water supply. 5. New Business: 6. Old Business: Tobacco Control: Robert Langton of Fair Winds and Following Seas, Inc. dba Tedeschi Food Shop, 242 Chauncy Street, has submitted a written policy, Employee Tobacco Training Program. Ms. Memory said she has some issues with the wording of the plan, U4 — Continuous reinforcement of the importance of responsible selling of age- restricted products at the store; she wanted to know how often this would take place — once a month, every two months or once every quarter? She would like to see language contained in the document that says how often in a calendar year this will happen. She wanted to know how often individual counseling sessions would be given to employees; the language is too vague. Mr. Healey said this should be done a minimum of twice a year. She said she liked the idea that the ID Reference Guide is posted at each register. One of the points in Mr. Langton's plan includes the option of conducting his own compliance checks at the store level. Mr. Healey said the main company might be willing to set up a program. Mr. McClean said it would make sense for Tedeschi's to invest in a program. Mr. Healey said he likes the idea of a log to document employee training that Ms. Edge or the Board of Health could review. He said this could be done when employees receive their paychecks. He said Sunoco requires their employees to sign an age- restricted document, stating they understand all policies regarding the purchase of tobacco products before receiving their checks. Mr. McClean said he likes that it would be a reminder when they received their paychecks. Ms. Memory said the document should be simple with bullet points as to the procedures when selling tobacco products. Mr. Leite said he would not give the plan after a compliance check it done but a sample plan could be given when a retailer applies for a license. Mr. Healey said the board could provide a plan when someone fails a compliance check. The board could combine Mr. Langton and Sunoco's policies and procedures to develop this plan. When a retailer applies for their permit annually, the plan will be given to them, recommending the following procedures and if a compliance check is done and failed, they will have to implement this plan before the board goes to the penalty phase. Mr. Leite said he would not give the plan after a compliance check is done but a sample plan with alternatives if there is a violation could be given when a retailer applies for a license. Mr. Leite said Ms. Edge will be at the October meeting and he will give her the recommendations so Mr. Langton's plan can be revised. He said four Corners Citgo, 4 South Main Street, has not complied and will also be asked to the October meeting. 7. Adjournment: Motion to adjourn at 8:20 pm. Healey /Wall Passed. Clerk Date All matters listed under Consent Agenda are considered to be routine by the Board of Health and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.