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Home My WebLink AboutBOH Minutes 1/6/1994BOARD OF HEALTH MINUTES January 6, 1994 MEMBERS PRESENT: Donald Steele, Carol Sosman, Gary Forget and Henry Austin, (arrived at 8:15 PM) ALSO PRESENT: Health Agent Scott Leite 1. CALL TO ORDER at 8:00 PM by Member Steele in the Town Hall. At this time, Board adjourned into Executive Session to discuss litigation re: Brugliera. (Member Steele presided.) MOTION: To adjourn into Executive Session to disucss on -going litigation and return of Open Session to resume the meeting. Sosman /Forget. Roll call vote. Unanimous. Executive Session ended at 8:50PM; separate minutes attached. Mr. Austin arrived at 8:15PM. 2. REORGANIZATION Member Steele called for nominations for Chairman. Mr. Austin nominated Mr. Fontanini and Ms. Sosman nominated Mr. Austin. Mr. Austin won the chairmanship, 3 -1. New Chair Austin called for nomination for Clerk. Mr. Austin nominated Ms. Sosman (who respectfully declined), and Ms. Sosman nominated Mr. Steele. Mr. Steele won the clerk's position 4 -0. 3. CONSENT AGENDA a. Approval of Minutes December 16, 1993 b. Approval of Food Service Permits: St. James Lodge (Waiver of fee requested) Mansfield Donuts, Inc., d.b.a. Dunkin Donuts c. Approval of Septage Pumping & Transporting Permits: Beneficial Investors Group, Inc., Walpole Claude Dubord & Son, Inc., Bridgewater Larry Blacker, Stoughton Bently Porter Co., Foxboro A. Horman & Son, Inc., No. Attleboro A -Best Portable, Inc., Brockton Parker Sanitary Pumping, Inc., Wrentham Suburban, Braintree Dana A. Nash & Son, Abington Scares Sanitation Pumping, Inc., Taunton Croome Bros. Sanitation, Rehoboth i G. Horne Pumping, Mansfield Bay State Sewage Disposal, Inc., Lakeville Board of Health Page 2, Minutes Jan. 6, 1994 L &R Sanitation, Norton Larry Brooks Septic, Wrentham Eveready Pumping Servic, So., Easton Bruce Scott Co., Div. Abate Waste, Inc., Walpole L. Dumont Pumping Service, Norton Dick Shufelt Septic Maintenance, Walpole Franklin Sanitation Service, Wrentham Hurley's Cesspool Service, Inc. d. Approval of Disposal Works Installer's Permits: T. Simmer Construction, Wrentham Brunelle Contracting Co., Mansfield Hicks Construction, Norton Dana White, Mansfield Grant Bros. Assoc., Mansfield Barrows Contracting, Mansfield DeJonco, Mansfield Bob Moreshead, Foxboro Superior Building Assoc., Mansfield Riccio Builders, Mansfield Joseph Gonsalves, Mansfield A.T.W., Sharon Plainville Pump & Excavating, Inc., Plainville Mark Realty Corp., Mansfield Franklin Sanitation Service, Wrentham Endriunas Bros., Inc., Easton Creative Homes, Inc., So. Easton Rapod Realty Corp., Norton U.S. General Contractors, Mansfield Aardvark Pumping, Walpole Bruce Scott Co., Walpole D. Berndt Sanitation & Excavation, Attleboro R. M. Pacella, Plainville Main Line Construction, Inc., East Walpole J. J. O'Brien & Sons, Inc., Waltham Bodio Builders, Inc., N. Easton Dezotell Excavating Co., N. Attleboro Herbert L. Finley, Sandwich John Allen Rego, No. Easton J. E. Case, Inc., No. Attleboro Peter DeGirolamo & Sons, Mansfield. P. Beatty Excavation, Inc., Mansfield A. L. Willis Co., Inc., Mansfield MOTION: To approve Consent Agenda. Steele /Sosman. All in favor. Austin abstained from "b. Food Service Permits." VOTED. Board of Health Page 3, Jan. 6, 1994 4. COMMUNICATIONS a. Letter from Michel LaCasse, owner 310 Essex St., re: Section 4 Sewer Connection Reg. Asked Board to allow Town Counsel to review reg and for Board to reconsider the variance decision. Board discussed this last meeting. Reg had been review by special counsel and Board's concensus was not to reconsider variance. Mr. LaCasse has been notified. b.. Copy capital improvements worksheet for fluoridation. Agent prepared this document, but from this point, Water Dept. will take over and present it to CIP committee. G. Copy of letter and attachments from "The Association for Neighborhood Preservation ", Nov. 24, 1993, re: Clemmey property development at 390 West St. d. FAX from MAHB, Marcia Benes, re: S. 458 (Mass. Tobacco Control Program). e. Memo to all departments, Dec. 9, 1993, re: Special Town Meeting set for February 7, 1994. . f. Bill from Atty. Joe Hannon, Invoice No. 539, for services re: Brugliera, $3,075.66. Sent to Town Manager's office for payment. Also, for general regulatory issues, $92.50. g. Copy letter to GEI Consultants, (Compo engineers), Dec. 20, 1993, from Town Manager, re: reschedule for presentation and update. h. Copy letter, DEP to Germain Plumbing & Heating, Dec. 20, 1993, re: Hub Folding Box Co. i. Copy letter, DEP to Charles A. Richardson, Inc., Dec. 15, 1993, re: Notice of inspection. j. Community Visiting Nurse report on flu clinics, Dec. 1, 1993. k. Groundwater Technology update re: So. Main St., Gorham Silver. 1. Town Manager's proposed budget plan for Fr 1995. 5. VISITORS: 8:00 PM Atty. Joe Hannon, Executive Session, re: litigation. Separate minutes attached (not for publication). 6. HEALTH AGENT'S REPORT a. Town 'n Country Market: Agent has received the plan for improvement and was agreed to by Agent. He reinspected and saw positive changes and less outdated food products. Chair invited members, especially Mr. Forget (newest), to feel free to accompany Agent on any type of inspection so that member can see first hand how regulations and laws are enforced by the Agent. b. Fluoridation: Agent prepared details of cost for CIP and submitted forms to CIP. Fred Barker, engineer for State, gave figures to Agent. Water Dept. will take over from now, since it is actually a i Water Dept. project. BOH jurisdiction lies only with the ordering of it (health aspect of fluoridation). Board of Health Page 4, Jan. 6, 1994 c. Hatheway & Patterson: Site has been secured from trespassers. Heat supplied, pumping schematics achieved and the monumental task of purging lines will occur to remove the small amounts of chemicals, which will be packed and sent off for disposal. That exercise will pretty much remove /stop the problem of those chemicals remaining. There were large amounts of wood preserving chemicals left behind. It was suggested that they be donated to other companies that do the same type of wood preservation. Better to recycle than to dispose of which is very costly. d. 340 S. Main St.: Drilling in the streets around the site will begin January 17th. e. Hazardous Waste Collections: Agent asked and Board agreed to sugmIt $12,500 for FY95 in a town meeting article. Collections are qirti popular and successful. f. Peres and Plans: 74 peres and 156 plans, final for 1993. Brief discussion as to setting a perc season. Will be on future agenda. 7. OLD BUSINESS a. NCC, Forbes /West St.: Chair Austin commented that it looks like they are pumping on a daily basis. Agent suggested that the Dept. of Labor and Industries is truly the agency to handle workplace Also, it appears that sewer covers have been removed and raw sewage flowing. Agent will reinspect. b. VersaCare Alternative: Reminder that COA Director Gail Farrugia and Police Chief will be at next meeting to discuss their roles in human services. MOTION: To pay VersaCare until the end of their fiscal year. Steele / Sosman. All in favor. VOTED Member Sosman suggested a letter be sent to VersaCare to let them know that the Board is reconsidering how to spend the appropriated $5,400. c. RoJack's: Fast compliance and a cooperative working relationship has been established. d. Old Colony: Member Steele reported that his friend saw a mouse at Old Colony Diner. Agent suggested that Board members tell their friends immediately call office and give the report so that the Agent can soo after check it out. r Board of Health Page 5, Jan. 6, 1994 e. Fluoridation: Chair asked members if they would like to leave the vote to fluoridate Mansfield's public water supply as it presently is or to rediscuss for a possible change. Each member was polled. Members Steele, Sosman and Forget asked to leave it alone. Fluoridation remains ordered. f. Tobacco Grant: Member Sosman brought the Board up to date. The position for program coordinator has been readvertised, since a qualified person had not yet applied. Subcommittee is comfortable with the applications for the part -time health educator and secretary. Chair Sosman submitted the necessary forms for first payment under grant. Money should be forthcoming and then Mrs. Royle can pay the newspaper advertising bills. 8. NEW BUSINESS a. Smoke -free Restaurants: Noted that Newport Creamery has declared smoke -free. It is a trend. b. Tahana Compliment: Chair reported that owner of Tahana paid a compliment to the Health Agent re: his approach to solving violations and positive working relationship that he encourages. 9. ADJOURNMENT MOTION: To adjourn at 10:10 PM. Sosman /Steele. All in favor. VOTED Clerk Respectfully submitted, Dianne Royle Recording Secretary NEXT MEETING: JANUARY 20, 1994 /la-) /9/ /_/ NOT FOR PUBLICATION BOARD OF HEALTH EXECUTIVE MINUTES January 6, 1994 MEMBERS PRESENT: Chairman Henry Austin, Clerk Donald Steele, Carol Sosman and Gary Forget ALSO PRESENT: Health Agent Scott Leite and Attorney Joseph Hannon Brugliera: Atty. Joseph Hannon briefed the Board on the litigation pending. He commented that since Mr. Parson's case, (neighbor to Brugliera, Goward Drive), is over, that leaves Mr. Brugliera free from any payment to Parsons. (Brugliera was builder of Parson's home.) Atty. Hannon gave each member a copy of his letter to Atty. Nugent (Nov. 10, 1993) and Atty. Nugent's fax to Mr. Brugliera, Dec. 29, 1993, re: settlement proposal. Atty. Hannon asked for the Board's concensus on which way to proceed. Continue with court, which can be costly, or attempt a settlement by asking Mr. Brugliera to apply for a variance. Either approach could have the same end result - -only the cost of achieving it could be different. Concensus was to attempt a settlement out of court; however, hanging tough, yet softening the wording (from the Nov. 10th letter) in the counter proposal. Board wants this case to end, but does not want to give in and detract from Title V law. MOTION: To adjourn Executive Session at 10:12 PM and return to Open Session to continue the meeting. Sosman /Forget. Roll Call Vote. All in favor. Approved for Respectfully submitted, Dianne Royle Recording Secretary Clerk i