HomeMy WebLinkAboutBOH Minutes 3/14/1996BOARD OF HEALTH MINUTES
MARCH 14, 1996
Members Present: Chairman Ray Martin, Clerk Gary Forget, James Leonard, Joe
Kowalcyzk and Peter Fontanini
Also Present: Health Agent, Scott Leite, on vacation.
1. Call To Order at 7:41PM by Chairman Martin in the Town Hall.
2. Consent Agenda
a. Approval of Minutes, February 15, 1996
b. Approval of Disposal Works Installers Permit:
a. Paul Clarkin, Tri-Star Enterprises, Mansfield
MOTION: To approve the Consent Agenda as submitted.
Forget/Leonard. All in favor. VOTED
3. Communications
ACTION ITEMS: None this evening.
REGULAR CORRESPONDENCE:
1. Sewer Capacity Policy Statement, Board of Selectmen/Water & Sewer
Commissioners, January 1996, re: Moratorium on sale of sewer treatment plant capacity to
Foxboro and Norton.
2. DEP letter, Feb. 16, 1996, re: Annual BOH Seminar with DEP staff.
3. ENSR, re: Compo Dec. 1995 and Jan. 1996 Progress Reports.
4. Groundwater Technology, Feb. 27, 1996, Progress Report, 340 S. Main St.
Textron Site.
5. Copy letter from Ed Bourget, 31 Tremont St., Feb. 28, 1996, Re: Sewer Extension
on Tremont St. This project will fall corder the Water & Sewer Commissioners Rules and
Regulations of Seaver Extensions,
6. Community Health & Home Services, Inc., February Monthly Report of Services.
7. Copy letter to Edward Troy, Feb. 27, 96, re: Septic system, 171 Ware St.
8. Handwritten letter from Mary Capone, 65 Brook St., March 2, 1996, objecting to
fluoridation in public water supply. Secretary offered to send material or fluoridation, but
Ms. Capone rejected rnry info.
9. Copy letter from Lisa & Steven Lainer, Fieldstone Dr., Mans. to Friends and
Neighbors, re: Lyme Disease with attached news article and accompanying materials. These
materials ivere left in Member Kmvalc yk's mailbox. Discussion continued re: the format of
this meeting on March 21 with the Lainer Family. Board agreed that discussion is for
information only. Any questions will be taken under advisement, and any combative and
adverse comments will not be allowed.
Page 2, Minutes, March 14, 1996
Member Kowalcyzk contacted the Dept. of Immunization and was told that there is no
increased evidence in Mansfield of Lyme Disease. He is very concerned with the direction of
this meeting. He feels that a statement should be made as to the reporting procedures. Chair
replied that he prefers to only receive statements.
10. Copy Enforcement Order to Mayor Judith Robbins, Attleboro, March 6, 1996, re:
Wading River Pump Station, Balcom St., Mansfield. Member Kowalcyzk stated that he was
concerned that he was never notified that an Enforcement Order was sent re: Wading River
Pump Station to City of Attleboro. Chair replied that the Agent notified him, as Chair, and
that in the past, as long as the Chair knew, the Agent proceded with his day -to -day duties.
Chair cautioned that Member Kowalcyzk should be careful not to violate the conflict of
interest laws since this enforcement order was sent to CDM, the company he works for.
Member Kowalcyzk replied that CDM is not the concern, the concern is not being notified.
He suggested that a policy be developed to ensure that all members are notified when
important correspondence, such as an enforcement order, is sent. Member Leonard stated
that the Board must separate policy from this particular order.
11. Fax Message from CDM, March 13, 1996, with attached letter to Health Agent,
from Paul J. Nicholson, Attleboro Water Superintendent, re: Wading River Pump Station.
4. Visitors
Charlotte Scozzafava, NEMS Coordinator, presented a report on compliance checks
in Mansfield and lack of support from Mansfield Public Schools. A complete packet was
given to each member. The last round of compliance checks covered 25 businesses. Out of
25, 14 sold to minors, i.e., 14 -16 year olds. Both high and middle school principals will not
allow a notice to parents asking for their child to volunteer to do compliance checks. The
principals feel it is inappropriate for kids to be doing this type of activity. However, the other
three communities of NEMS Tobacco Control all have students conducting checks.
Mansfield is the only uncooperative community. Ms. Scozzafava feels that this should be the
parent's choice - -not the schools. Even though the schools have received a $93,000
Comprehensive Health Grant, she has never been invited to coordinate some of her programs
with theirs. There is a loitering problem at the LibrarylCOA consisting of underage students
smoking. The Police Dept. is involved with solving this issue, as well as the Directors of the
Library/COA.
Ms. Scozzafava would like to meeting with the Superintendent of School, Principals,
Dare Officer, Police Chief and Mansfield Board of Health to resolve some of the differences
of opinions between NEMS and Schools. Board agreed to the meeting. Ms. Scozzafava feels
that if businesses were licensed separately for the sale of tobacco products, enforcement
would be easier through the license.
Kids who conduct compliance checks will maintain anonymity and have a photo taken
to proof that they look under 18. Member Leonard suggested that compliance checks be
Page 3, Minutes, March 14, 1996
conducted more frequently to prevent long lapses. Chairman feels that we must get tough
with the second and third offenders. When Agent returns from vacation further discuss will
continue re: stronger punishment for violators.
At 8:12PM the Public Hearing was held for a Variance at 380 Mill Street. Present
were Sandra Cordes Vaughan, Atty. for Mary Jameson and Mrs. Jameson's daughter and Bon-
in -law, Mr. & Mrs. Brown, NO St. Atty. Vaughan presented her case for approval of the
variance. Variance sought is until such time Mary Jameson no longer owns the property, and
that the variance be granted similar to Lorraine Marsden, 2 VanGemert Dr. Reasons are as
follows: (1) Owner's good faith reliance on 2/5 variance; (2) owner had no control over
timing of sewer extension; (3) imposition of connection would be unduly harsh noting owner's
cost to date, health and age. Request dated February 15, 1996.
Atty. Vaughan stated her case. Member Forget commented that the Marsden variance
cannot be compared to Jameson's since Marsden's was based on hardship because of the
elevation of sewer and the fact that sewer cannot flow uphill; it would have been significantly
costly for Marsden to hook up due to distance to run sewer line. Atty: Vaughan stated that
the Board was not fair in not granting a variance and asked why the Board is being so
technical? Mrs. Jameson is 82 years old, has had three strokes.
Chairman commented that Atty. Vaughan had a much different opinion than the
Board's. Mary Jameson saw the sewerline being installed for Jameson Court while she was
have a septic system installed. Legally, the Board could not slow down the permitting process
for the septic system, but the septic system did not have to be installed at that time. It could
have waited to see the progression of the sewerline. Chairman asked if there will be a transfer
of ownership should Mrs. Jameson pass on? Attorney replied that the estate will allow the
transfer. Board also had a concern with the paving of the road and the Road Commissioners
regulation re: road cuts.
Chairman told Board and Attorney that the Health Agent has written a
recommendation that says, "it is of absolute importance that the applicant concede that
sewer in accessible (it) writing) before arty deal is made. This will dispose of that issue
should legal action engage. " Chair asked Attorney Vaughan if she could agree to this.
Attorney replied that she would ask Mary Jameson.
Members were polled and agreed with Agent's recommendation. Also the variance to
be recorded with the title of the property. Hearing ended at 9:42PM. Chair asked secretary
to confirm with Assessors as to who owns 380 Mill St.
5. Health Agent's Report
1996.
The following report was taken from the Agent's memo to the Board dated March 6,
Page 4, Minutes, March 14, 1996
a. Compo, pcbs: PCB's have been confirmed. ENSR, managing the project, will
send a report as soon as info is tabulated.
b. Wading River Pump Station: (Member Kowalczyk left meeting for this report.)
Enforcement Order sent to City Attleboro. The response from their agent for the project
indicates to me either a poor understanding of the terms of the approval from DEP or an
unwillingness to comply. As a courtesy, I have spoken to the Mayor's Office prior to issuing
the Order. I assured them of our cooperation in working out the problem.
6. Old Business
a. Goals: Board agreed to the following five goals:
1. Meet with other land -use Boards and Committees to learn their roles and
jurisdiction.
2. Fund fluoridation in FY97 and implement fluoridation in FY98.
3. Critical review of BOH regs.
4. Educational workshops.
5. Maintain a level of compliance with hazardous waste issues, stump dumps,
etc., holding the town to a higher standard to show an example to others.
Chair suggested that each member come up with one or two bullet items as objectives
(how to achieve the goal).
b. Fluoridation: Chair FinCom Andy Gazzolo told Board members that FinCom will
support $73,000 for a line item under BOH budget. Selectmen, however, support the funding
for fluoridation from Stabilization Account and later return to that account when
reimbursement comes from State. Members wanted to be assured that the BOH was not
expected to implement fluoridation since the line item is proposed to be under BOH. It is
actually a Water Dept. capital project. Board was pleased that it would be funded.
c. Shell Oil, 54 Chauncy St: Member Kowalcyzk asked if the Lincoln
Environmental, "Phase I Initial Site Investigation Report", has a deadline date for comments.
Secretary will call Lincoln Environmental.
7. New Business
a. Policy for Better Communication: Member Kowalcyzk gave each member a
draft copy of a policy on communication. He initialed this proposal because an Enforcement
Order was sent to City of Attleboro for the Wading River Pump Station and Member
Kowalcyzk was unaware of the Health Agent's action. Will be discussed next meeting.
Page 5, Minutes, March 14, 1996
8. Adjournment
MOTION: To adjourn at 10:30 PM.
Fontanini/Leonard. All in favor. VOTED
Respectfully submitted,
Dianne Royle, Recording Secretary
NEXT MEETING: MARCH 21, 1996 @ 7:30 PM.
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