Loading...
HomeMy WebLinkAboutBOH Minutes 6/3/1993BOARD OF HEALTH MINUTES JUNE 3, 1993 ;''{ ;\ ?`.S' - i_._.I JS MEMBERS PRESENT: Chairman Michael VanSplinter, Clerk Donald Steele, Peter Fontanini, Henry Austin, and Carol Sosman ALSO PRESENT : Health Agent Scott Leite 1. CALL TO ORDER at 7:30 PM by Chair VanSplinter in the Mansfield Town Hall 2. CONSENT AGENDA a. Approval of Food Service Permits: D Angelo's Sandwich Shop Nonny Boys Food, Inc. Jim's Old Colony Diner Homestead Restaurant Tobin Corp., (Datel Systems, Inc.) Fanfare, Inc. Tahana Restaurant Teixeira's Donuts of Mansfield, Inc. b. Approval of Bakery Permits: Suzanne's Village Bakery c. Approval of Mobile Food Permits: Leon Larkin Enterprises Quick Stop Deb's Catering d. Approval of Caterer's Permit: Pig Roastin e. Approval of Pushcart Permit: Fanfare, Inc. (12) f. Approval of Retail Food Permits: CVS Pharmacy, #1866 Tedeschi Food Shop #382 Sunoco Food Mart #6035 Cumberland Farms, #0817 Villa Liquors, Inc. g. Approval of Disposal Works Installer's Permit: Coots Bros., Inc., East Bridgewater MOTION: To withhold Nonny Boys, Jim's Old Colony Diner, and Homestead until Agent reports a favorable inspection. Austin / Fontanini. All in favor. VOTED. Member Austin asked about Pig Roastin, Caterer and how their operation is inspected and if their pigs are stamped with the USDA stamp. Agent replied ( that before they do a roast, they are to notify the Board of Health and that the Agent is supposed to inspect the food. Also, Dale Bishop, Norton, conducts pig roasts in Mansfield. Does he need a permit? Agent replied Board of Health Page 2 June 3, 1993 that if he has a caterer's license from Norton, he's all set. Sunoco Food Mart sells coffee and donuts. What permit do they need? Town News sells candy, coffee, muffins. What, if any, do they need? D'Angelo's still has the sign posted, "No shoes, etc., per order BOH ". Agent will ask them to take it down. Has Fanfare been notified that additional private food vendors need their own permit? Yes. Agent suggested that the topic of permits be discussed later, as listed under "Old Business ". The Agent will conduct a food handler's workshop for Board members which will certainly give them an understanding of why and to whom food service permits are issued. MOTION: To approve remainder of Consent Agenda. Steele /Austin. All in favor. VOTED 3. COMMUNICATIONS a. Letter from Gary P. Eagan, Honey Dew Donut, June 1, 1993, re: Variance request from smoking reg. Plan of restaurant attached. b. Copy of letter from DEP to Stone Container Corp., May 13, 1993, re: Limited plan approval from Div. of Air Quality Control. c. Copy of letter from GEI Consultants to DEP, May 17, 1993, re: Compo d. Copy of letter from Groundwater Technology to USEPA, May 18, 1993, re: Former Gorham Silver Co., So. Main St. e. Certification of vote at 1993 Annual Town Meeting, Article 15, from Town Clerk Judith F. Scott f. Copy of memo to Health Agent from Town Mgr., May 20, 1993, re: Conditions at 269 Willow St., Agent inspected from the road and found nothing that consitutes a health hazard. g. Letter from Jacqueline Purcell, 220 Essex St., May 29, 1993, re: Withdrawal of her variance request from sewer reg. h. Copy of letter from Town Counsel to David T. Gay, Esq., May 26, 1993, re: Richard Morse v. William Madan, et. al. Town of Mans. Plan. Bd. i. Copy of letter to Texas Instruments from DEP, May 25, 1993, re: Hazardous waste, air quality and industrial wastewater status. j. Copy of letter from Penney Eng., Inc., to DEP, May 27, 1993, re: Hatheway & Patterson Co., Inc. k. Copy of letter and filing materials from Bob Swanson, Town Eng /DPW Dir., to DEP, June 1, 1993, re: Application for determination of need for site assignment. 1. Copy of letter to DEP from Bill Haynes, Hatheway & Patterson, not dated, re: Unresolved disposition of soils from STM m. Copy of letter from DEP to Acufex Microsurgical, Inc., May 28, 1993, re: Fire extinguisher fire training n. MAHB Quarterly, Spring 1993, and application for renewal. MOTION: To pay membership dues of $50.00, to MAHB for July 1993 to June 1994. Austin /Fontanini. All in favor. VOTED Board of Health Page 3 June 3, 1993 4. VISITORS This portion of the meeting was taken before the Consent Agenda. 7:30 PM Joan Cutillo, Town Treasurer, discussed a possible mechanism through her office to determine what properties on the sewerline are transferring ownership so that the sewer reg can be adhered to and the property hooked up to sewer upon transfer. She said that a town meeting vote is required to impose municipal charges on a lien. It can be deter- mined who is on sewer now and what streets are sewered through the water/ sewer bills, although the computer system they have cannot create a list. It was agreed that Mrs. Cutillo and Agent would work together on this project. 1. Formulate list of streets on sewer line. 2. Write abstract for town meeting article. 3. Investigate summer help to work on this project (creating list of what addresses are on sewer). When the list is prepared, Mrs. Cutillo can use it to notify the bank ( holding the mortgage that if this property is located on one of these streets and is not hooked up to sewer, then sewer hookup is required upon transfer. The lien certificate is reviewed for taxes, electric, water, and sewer charges. At 8:00 PM Gary Eagan, Honey Dew Donut Shop, submitted a letter and asked for a variance under the smoking reg. He wishes to designate the booths as "no smoking" and allow smoking at the counter, where the air in- take exists. He has 20 booth seats and 14 counter, 41% will be smoking and 59% will be non- smoking. Chair asked how Mr. Eagan would feel if smoking was banned in restaurants. He would not have a problem as long as it occurred state -wide and not randomly at the local levels. Board will discuss request later and send Mr. Eagan their decision. At 8:15 PM Town Manager Bill Williams and Bob Swanson, Town Engineer/ DPW Director reported that an application for determination of need for site assignment has been sent to DEP for recycling asphalt at the highway garage. Security measures have been taken and a fence (donated by Peter Fontanini) will be erected around the perimeter of the highway garage to prevent further illegal dumping. Town Manager ordered the mounds to be broken down to expose what was buried. This material can be used to build the road between the leaf compost site and the recycling park sometime before Fall. The Board was assured that housekeeping and communication have improved ( immensely. Town Manager said that part of the issue was educating the foremen of the DPW. Board of Health Page 4 June 3, 1993 Member Sosman asked if the debris has been removed from the compost area. Mr. Swanson replied not yet. The DPW is extremely busy. Half streets still have to be swept, culvert has to be installed on Maple Street and many others projects are planned. 5. HEALTH AGENT'S REPORT a. Infectious Diseases: Unsubstantiated reports of infectious diseases regarding town employees are not under the purview of the BOH. b. Brugliera, Goward Dr: Monitoring pipe installed. Hit groundwater where we thought it would be. On May 21st, it was at 3.84' below septic system bottom. Hutchins - Trowbridge took the shots. On June 3rd, it was 3.88'. We will do our best to successfully argue in court and also hope that the judge rules in our favor. We have lots of documentation. Town Counsel will write a Summary Judgment to avoid court trial. c. 171 Ware St.: Holes were found in the tank through poking around. Groundwater is 24 -30" below surface. Chamber was emptying all at one into the trenches rather than dosing a little at a time. When the system was repaired the first time, Agent was on vacation, May 8th, and he did not make a final inspection, nor was an as -built plan submitted for approval. At that time, as- builts were not required - -now they are. d. Nugent, 540 Ware St.: Agent visited site again to locate the stream. It's located adjacent to the next lot. A berm could be installed to keep effluent (in case system fails) on this property. DEP might not allow a septic system, but instead a tight tank. Board wondered how far away the sewerline is. Agent will measure distance. e. The Elms Subdivision: Town Counsel has asked for a detailed response re: "Report on the Extended Pump Test: Ash Property Well Filed ", by Anderson - Nichols & Co., submitted by Richard Morse on April 16, 1993. Agent read his memo to Shaun Burke, Planning Director, outlining the four points the document does not address. MOTION: To continue the denial of The Elms Subdivision and send the memo to Planning Director to be forwarded to Town Counsel. Steele /Austih. All in favor. VOTED f. Peres /Plans: 31 peres and 74 plans. 6. OLD BUSINESS a. Retail Food Permits: Agent recommended that the Board first attend his workshop presentation for food handling, then it will be easier for members to decide what types of businesses will require food service /retail food permits. Board of Health Page 5 June 3, 1993 b. Agent's Vacation: July 19 -23. Agent suggested that either no inspections be made or, if the builder wishes, his own engineer or registered sanitarian can make the inspection and submit a certification of the inspection. Member Austin felt that no inspections should be made in the Agent's absence, as long as the installers are given ample notice of vacation dates. MOTION: That no septic inspections be made in the Agent's absence, except for emergencies which will be done by the Inspector of Buildings, and that a letter be sent, well in advance of the Agent's vacation, to each installer. Austin /Fontanini. All in favor. VOTED MOTION: As of July 1, 1993, the as -built plan for septic system must be submitted prior to or at the time of the final inspection made by the Health Agent. Fontanini /Austin. All in favor. VOTED Member Sosman commented that it may not look professional for the Town without an acting health agent. Member Fontanini responded that a builder has flexibility, three -month span, to install a system, either when ground breaks or after the construction of the house. Agent suggested that each member take an area which is of interest to him /her and be trained so that if an emergency arises, he /she can handle it. Housing orders can be prewritten, commented Agent. Secretary Royle interjected and commented that when the Agent is on vacation half the day there is no coverage at all, since she works 8 :00 AM to Noon. The answering machine takes messages; however the secretary spends at least an hour next day returning the calls, handling what she can, and responding that the Agent will get back to the caller when he returns. MOTION: To use funds to allow secretary to work a full day whenever the Agent is on vacation. Austin / Sosman. All in favor. VOTED Members agreed that phone coverage will be handled by secretary working full day, Chair will be called for emergency situations, members will be trained to make informed decisions and Town Manager will be contacted for his input to a solution for coverage when the Agent is on vacation. c. So. Main Subdivision (Vickery Land): Member Austin commented that a lot is sold (in the subdivision) behind the lot that received a variance under sewer reg. Agent reported that Mr. Brown is not in a hurry to install a septic system on the Form A lot, because he is having problems with other hookups and would prefer to sewer the whole area. Board of Health Page 6 June 3, 1993 d. Alladan Kennels: Agent will provide info on noise that he received from DEP. e. Versacare: Member Steele wishes to advertise for a request for proposal for not - for - profit human resource groups. Versacare never sent the detailed services list that they promised. Board will give them one more opportunity, one week from date of phone call, to submit statements. f. Mosquito Spraying: Member Sosman is very concerned with what the Bristol County Mosquito Control Project is spraying with. After reading the article in the Mansfield News, she feels that Mosquito Control should make Boards of Health aware of what they are using and what effects it has on wildlife and the environment. 7. NEW BUSINESS a. Practices: Chair suggested that the Board adopt a practice of not making a decision on a variance until the next meeting. This will give Board time to make on -site visit and review material submitted. For an emergency, Agent will have to inspect site. Member Austin would like to receive an agenda prior to each meeting so that he knows who is coming in and what the topics are. b. Variance Procedures: Member Steele suggested criteria for hardships. Chair feels the intent is to keep it open and not to define reasons. Member Sosman suggested basic groundrules for applying for a variance under the hardship clause are necessary. Chair suggested a format for, "How to Request a Variance ". Agent gave each member "Procedures for a Hearing ". c. Workshops: Chair suggested to set a specific evening a time for workshops, because they are just not happening with these busy agendas. Agent will devise a schedule for workshops and various topics. d. Paine House, Rumford Ave.: Family six raccoons live there. Member Steele concerned about rabies. e. Dean St. Lots: Member Austin asked that if lots have been perced, and if sewer is in area, do new houses have to be on sewer. Yes. f. 33 Forbes Blvd: Three manhole covers are lifted because of water discharging. At base of blacktop is a stream. Agent will investigate. g. Variance Honey Dew: Members will make visit to donut shop and decision for variance will be made next meeting. Board of Health Page 7 June 3, 1993 8. ADJOURNMENT MOTION: To adjourn at 11:20 PM. Fontanini /Austin. All in favor. VOTED. Respectfully submitted, Dianne Royle Recording Secretary