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Home My WebLink AboutBOH Minutes 6/13/1996BOARD OF HEALTH MINUTES JUNE 139 1996 e5 JU" 0!? l: '0 Members Present: Chairman Ray Martin, Clerk Gary Forget, Joe Kowalczyk_:_`( (Note: Health Agent at a conference.) 1. Call To Order at 7:40PM by Chairman Martin in the Town Hall. 2. Consent Agenda a. Approval of Minutes, May 16, 1996 b. Approval of Food Service Permits: Fanfare, Inc. @ Great Woods Willowdale Golf Course Regent Cafe, Inc. Ro- Jack's Food Stores, Inc. Holiday Inn Mansfield House of Pizza, Inc. Teixeira's Donuts of Mansfield, Inc. Service Systems Corp/Marriott FSM Div. Newport Creamery ( Player's Choice Sweet & Crafty Quan's Kitchen, Inc. Sarro's Market The Fresh Catch, Inc. Cousin's Pizza & Subs, Inc. Bernie's Ltd. Restaurant Stefano's Sandwich Shops Honey Dew Donut Village Pizza Am. Foods Vending Corp @ Smith Nephew Acufex Family Food Mart Maxmillans Paul's Breakfast & Luncheon GJLC, Inc., d/b /a C.J. Scooters Mansfield Donuts, Inc., d/b /a Dunkin Donuts Mansfield Variety & Deli LaBamba Mexican Restaurant Old Country Store Canoe River Campground The Bagel Train Cheng -Du Jimmy's Pub & Restaurant Page 2, Minutes, June 13,1996 Geno's Restaurant & Lounge Stop & Shop Supermarket Co. D Angelo's Sandwich Shop Mansfield School Lunch Program Mansfield High School Qualters Middle School Jordan Jackson Elementary School Robinson Elementary School Mansfield Youth Soccer (Fee Waiver) Mansfield Little League (Fee Waiver) Mansfield Council on Aging (Fee Waiver) Town of Mansfield Memorial Park (Fee Waiver) Mansfield Women of Today, One day, July 20, 1996 (Fee Waiver) First Baptist Church (Fee Waiver) St. Mary's Church (Fee Waiver) Ladonna Restaurant, Inc. Tahana Restaurant Classic Pizza Mansfield Train Station Sodexho USA Motorola Ml Motorola M2 Motorola M3 Motorola M4 Motorola M7 Motorola M9 Kendall Co. Merckens Chocolate Co. Helix Technology Corp. c. Approval of Mobile Food Permits: Deli King, Inc., d/b /a LaCroix Food Service Ltd. Mansfield Council on Aging (Fee Waiver) Deb's Catering, N. Attleboro Deb's Catering, Easton Mansfield Lodge of Elks 2633 (Fee Waiver) Sue's Ice Cream d. Approval of Retail Food Permits Cumberland Farms, Inc. #0187 Dias West Mansfield Variety The Store CVS #1866 Brooks Pharmacy #824 Page 3, Minutes, June 13, 1996 Chek Farm Sunoco Food Mart #6035 Villa Liquors, Inc. Tedeschi Food Shop #382 Shaw's Service Station, Inc. S. Main Shell e. Approval of Catering Permits: The Fresh Catch "Pig Roastin" The Bagel Train E Approval of Bakery Permit: Town News g. Approval of Snack Permits: Bristol Liquors Rum Runner Stearns W.L. & Son F &W Inc., Dub's Discount Liquors Knapp Food d/b /a Knapp Video Mansfield Citgo Shell Tune Up Center Town News h. Approval of Pushcart Permits: Fanfare, Inc. @ Great Woods I. Approval of One -Day Food Service Permit: Women of Today, July 20, 1996 MOTION: To approve the Consent Agenda as submitted. Forget/Kowalczyk. All in favor. VOTED 3. Communications ACTION ITEMS: None this evening. REGULAR CORRESPONDENCE: 1. Copy letter from DEP to U.S. Trust Corp., re: Shepards Flowers, Spring St., May 29, 1996.re: oral notification of release and/or threat of release of oil and/or hazardous material which requires response actions. Vandalism caused the release of 60 gallons of motor oil to a paved surface. 2. April Discharge Monitoring Report for 340 S. Main St., Textron Site. from Fluor Daniel GTI. l 3. Short Term Measure System Status Report, May 1995 through Oct. 1995, Textron Site, 340 S. Main St., dated May 23, 1996 by Fluor Daniel GTI. Page 4, Minutes, June 13, 1996 4. Copy of Bureau of Waste Site Cleanup, Technical Assistance Grant, DEP, listing letters of intent from various communities across Commonwealth. 5. Copy letter to Town Mgr., from CHM Hill, June 6, 1996, re: Remediation at CONDEA Vista Property. 6. Notice of Possible Rabies Exposure, Dog. 7. Memo from Town Mgr., June 6, 1996, Special Town Meeting, Sept. 9, 1996. 8. Copy Town Mgr., Letter to Editor, June 7, 1996, re: Impact of development 9. Memo Selectmen's Secretary, May 30, 1996, re: Weekly summer Selectmen meetings 10. Copy Water Conservation Guidelines from Town Mgr.'s office 11. Copy letter to Karl Clemmey from Health Agent, June 3, 1996, re: Wade, Branch St, 12. Copy memo to Town Mgr., from Fire Chief, June 7th, re: Wade, Branch St. 13. Memo to John Buckley, Ass't DPW Director, June 12, 1996, re: Sodium levels at wells. 14. Memo to Health Agent from John Buckley, June 10th, re: Albertini #2 Test Result for sodium. 15. Letter from DPH to John Buckley, June 10th, re: FY97 Fluoridation Grant, $31,000. 16. Memo to Health Agent from John Buckley, June 12th, re: Fluoride Contract Board would like to invite John Buckley in for cm update. 17. Memo to Dan Clifford, DPW Director from Agent, June 3, 1996, re: Stump Disposal at Plymouth St. Rec.Fields. Working together to develop an extended time clewtup might be appropriate. DEP should be called to see if that is possible and what the dangers are of a stump dump. 18. Letter from Steve MacCaffrie, May 17th, re: Dangers of fluoridation 19. Great Woods Sound Reports, May 26 to June 6, 1996 20. Ten "congratulation" letters to businesses from Charlotte Scozzafava, NEMS, re: compliance checks. 21. Twenty -three Tobacco Sales Inspection Check Lists for various businesses from Ms. Scozzafava 22. May 1996 NEMS Tobacco Control Program Monthly Report 23. Memo to Jim Leonard, BOH NEMS rep from Charlotte Scozzafava, June 4, 1996, re: follow -up meeting 24. Mass. Prevention Center Newsletter, Summer 1996 4. Visitors At 7:45PM the variance hearing from Article 6 of the Regulation Affecting Smoking, for relief from Section 1, for C.J. Scooters, Old Colony Way was held. Present were Gerry Chipman, owner, and his attorney, Sean Spillane, Wynn &Wynn. Attorney Spillane stated that the BOH reg calls for 25% smoking area in a restaurant and that C.J. Scooters is asking for the opposite, i.e., 25% non - smoking, based on the layout of the business. Full doors are on either side of the non - smoking area and a separate ventilation unit is located in the smoking area. Layout is the same as presented at the Selectmen's meeting during the liquor license hearing. Page 5, Minutes, June 13,1996 Member Kowalczyk asked if there is a hardship for this request. Attorney replied that economics of business plays a major role. He referred to Pub 99 that was forced to enclose their bar area in order to keep smoking around the bar. Member "K" also did not want to set a precedent if this variance was granted. Hearing closed by Chairman at 8:05PM. MOTION: To grant the variance as requested with the following conditions: 1. Applicant agrees to conform to the license which was granted by the Board of Selectmen. 2. Applicant agrees to separate smoking area from non - smoking using full doors. 3. Applicant agrees to maintain separate ventilation in smoking area. Forget/Kowalczyk. All in favor. VOTED At 8: IOPM John Hobill, Div. of Bureau Waste, DEP and Chris Gill, DEP (contact for Hatheway- Patterson hazardous waste cleanup) presented contents of the Mass. Contingency Plan. The 21E procedure was passed in 1983 in response to the Superfund. The MCP was redesigned in 1993 allowing for more privatization of hazardous waste cleanups. $7.5 million budget from a bond was appropriated; at this time, $1.5 million over. Overhead presentation included focus on state resources, private sector, MCP themes, players and flowchart. Hatheway & Patterson is a Tier 1A publicly funded site, Compo 1B, Gorham, S. Main St., 113 and Shell Oil, Tier III. Mr. Gill will send the Board a complete list of all hazardous waste sites in Mansfield and their category. EPA is looking to expand their fund. Mr. Hobill suggested that if a quick clean can be done by a private company, do so to avoid a full blown review and plan. Discussion of Technical Assistance Grants and Mansfield's specifically, i.e., page on the I -net. Both DEP gentlemen liked the concept and gave the Board names of contacts, Sarah Weinstein and Liz Callahan, Boston DEP. Thirty -two eligible applications and only ten will be chosen. Compo closure site would be a candidate for the I -net page under TAG program. Mass. GIS is invaluable for potential drinking water sources, potentially productive acquifier (PPA). Future project for Mansfield would be to acquire these maps. 5. Health Agent's Report 1. C. J. Scooter's... For the few weeks prior to the hearing for a variance, I have interpreted the smoking regulation as follows: Prior to 11:30 AM, the bar area is a non- Page 6, Minutes, June 13, 1996 smoking area; after 11:30 AM when the liquor license allows the serving of liquor, the bar area is exempt and smoking is allowed. The decision from the hearing for a variance should make the situation permanent. 2. The Water Department has reported to me that Albertini #2 (a well) has a sodium level of 36.2 ppm. The regulation governing this matter has been changed since the last time this well was on line, so that sodium levels be observed and reported to the Department of Public Health and the local Board of Health. Sodium is not considered to be a primary contaminant of drinking water. I will continue to research this when I return. 3. 23 Saddle Ridge Road: Appeared in court June 4 for arraignment of owners of property. No one showed, judge continued arraignment to June 18, then if no one shows will issue arrest warrant. Since then, a son of the owners has showed up and I am working with him to resolve the matter. 4. Title 5 @ COA: In August I will be giving a program for the elderly at Council on Aging to discuss how Title 5 affects them and how our office can assist them. 5. Technical Assistance Grant: Letter of Intent made it to DEP and we will start preparing the grant when I get back. 6. Oil Leak: Have not yet received a report from the Fire Department regarding Robinson School oil leak. 6. Old Business 7. New Business S. Adjournment Clerk - None presented. - None presented. MOTION: To adjourn at 10:45 PM. Forget/Kowalczyk. . All in favor. VOTED Respectfully submitted, Dianne Royle, Recording Secretary NEXT MEETING: July 18, 1996 @ 7:30 PM