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Home My WebLink AboutBOH Minutes 5/6/1993n: Ii BOARD OF HEALTH MINUTES i May 6, 1993 93 J<<t`l °% .y MEMBERS PRESENT: Chairman Michael VanSplinter, Peter Fontanini,, H6hny,.!_TjS Austin and Carol Sosman ALSO PRESENT : Health Agent Scott Leite 1. CALL TO ORDER at 7:35 PM by Chair VanSplinter in the Mansfield Town Hall 2. CONSENT AGENDA a. Approval of Minutes of April 15, 1993 b. Approval of Reconstructed Minutes of December 17, 1992 MOTION: To approve Consent Agenda. Austin /Sosman. All in favor. VOTED. 3. COMMUNICATIONS a. Invoice No. 341 from Joseph Hannon, Attorney, April 12, 1993 for services re: sewer connection reg., $1,240.15, 14.59 hrs. @ $85.00. MOTION: To pay Attorney Hannon, $1,240.15. Fontanini /Austin. All in favor. VOTED. b. Letter from Mansfield Housing Authority, April 21, 1993, re: Waiver of housing inspection fee. MOTION: To waive fees. Austin /Sosman. 0 -4. All opposed. VOTED Member Fontanini did not want to bankrupt MHA and felt some movement could be made by the BOH. The State is pinching landlords and so is the BOH. MOTION: To consider reduced fee for landlords with multiple units, $50.00 with three inspections or more, providing all inspections in same complex, at one visit and owned by same landlord. Sosman /Austin. 0 -4. All opposed. VOTED MOTION: To change housing inspection fee to $75.00 for first unit, and $50.00 for every one thereafter, providing same owner, same site and same visit. Fontanini /Austin. 4 -0. All in favor. VOTED MOTION: To send a letter to anyone who had requested a reduced fee or waiver in the past to let them know the new fee structure. Austin / Fontanini. 4 -0. All in favor. VOTED Board of Health Page 2 May 6, 1993 c. Letter from Mark Bobrowski, 41 Frederic Lane, April 23, 1993, complaining about adjacent lot with boulders, tree trunks, construction debris. Agent will inspect and send a letter with his findings. d. Letter from Town Counsel, April 27, 1993, re: Brugliera. Attached is Application for Emergency Hearings; Motion to Enlarge Time for Discovery; Motion to Shorten Time for Response to Enter Land; Assented to Motion to Continue Trial; and Affidavit of Robert S. Mangiaratti. Purpose of going onto this property is to measure groundwater. Agent supposed to go May 6th, but the judge took afternoon off and cancelled court. 4. VISITORS This portion of the meeting was taken before the Consent Agenda. MOTION: To take Visitors first. Austin / Sosman. All in favor. Present was Willie Sarro, Dub's Liquor Store; Peter DeTrolio, West Mansfield Variety; Tom Reilly, Mansfield Deli and Variety; and approx. eight additional people in the audience, to discuss the newly signed smoking reg. Messrs. Sarro and DeTrolio were very upset that the Board did not ask for the businessmen's input before the reg was issued. They were aware that the BOH has the authority to issue a reg; however, there should have been a element of consideration and communication before it was signed. Mr. Sarro asked why the Board did not notify businessmen? Both men stated that this will, in a negative way, financially affect their businesses. "What you did was arrogant ", shouted Mr. DeTrolio. Chair VanSplinter stated that the meetings when the smoking reg was discussed were well publicized. Member Sosman stated that their concern was a health issue and consideration for the populis and under 18 year old purchasing tobacco products. Both businessmen stated that they DO NOT sell to under 18 and they would have been satisfied with the section of having to show a picture I.D. The other sections will impact their business. Messrs. Sarro, DeTrolio and Reilly had particular sections clarified for them, such as distribution of coupons, fate of barrels of single packs of cigarettes, where to locate free - standing single pack displays, etc. 5. HEALTH AGENT'S REPORT a. Village Condos: Will be hooked up to sewer shortly. b. 6 and 10 Erick Road: Bldg. 1 and 4 of 6 Erick Road on line soon. 10 Erick Road has been tied into sewer. Board of Health Page 3 May 6, 1993 c. 171 Ware St.: Agent has met with Mrs. Troy and arrangements will be made to repair the system. Agent will meet with her engineer. d. Household Hazardous Waste Day: Very successful. Paid Triumvirate $8,860. $7,500 was spent in first 1.5 hours. Collected that day were five 55 gals. average household waste, seven 55 gals variety of waste, three 30 gals pesticides, four 55 gals consolidated paint, one 55 gals consolidated solvents, 3 bottles oxidizers, 600 tires, 800 gals oil. Member Sosman suggested that in order to let the community know how worthy these events are, a letter to the editor of the Mansfield News be sent thanking the volunteers and listing what was collected and for how much money. Chair VanSplinter asked the Health Agent to identify and calculate some measures of avoided contamination from the collected materials in order to make the data on collected wastes more informative to the general public. e. DPW Garage and Compost Area, East St.: Town Manager had asked that the non - compliance order not be sent, so the Agent sent a memo outlining what has to be done and how and to respond with a "plan for remedy" in three weeks. The three weeks has lapsed and no plan has been submitted. In fact, Agent made inspections of these areas and noticed that work is being done; however, what is being done is not being done the proper way. Agent is aware that 500 tires have been removed so far. Essentially, the Town is running an illegal landfill. The composting area gate is left open after 3:00 PM and sometimes illegal dumping occurs. Chair Vansplinter mentioned that a road can be constructed between the compost and recyling park, as originally recommended by the Solid Waste Study Committee, to allow better control as to what is being dumped. MOTION: To issue the enforcement order if the plan, as requested, is not submitted by May 12th. Fontanini / Sosman. All in favor. VOTED A letter will be sent to the Town Manager stating that if a plan is not submitted by May 12, 1993, an enforcement order will be issued. f. Wellness Fair at Mansfield High School: Agent attended and dis- played a 4' drawing of a community showing how air, water and groundwater pollutions are created through a landfill, factory, septic system, and illegal disposal. Flyers on septic systems, radon and other health related items that the Board deals with were on display. Students enjoyed wiping up an oil spill (in a tray) with the pads of absorbers. g. Brugliera: Court delayed (see 03 under Correspondence). h. Parsons: System now being repaired. Should be completed next week. Will require an as -built plan, which is standard procedure. Board of Health Page 4 May 6, 1993 i. Site Evaluator's Certification: Scott Leite is the first certified site evaluator in the Commonwealth of Massachusetts - -so far. j. Peres /Plans: 31 peres and 60 plans - -so far. k. Mobile Food Permit: Agent asked Board to approve the mobile food permit for M &M Concessions for the Elks Carnival to be held May 3 -5, 1993 at Great Woods. Four units have been inspected and are fine. Permit will be signed by Agent since it is not available for tonight's meeting. MOTION: To approve the mobile food permit for four units for M &M Concessions. Fontanini /Austin. All in favor. VOTED 6. OLD BUSINESS a. Town Meeting and Non - Criminal Disposition: Member Sosman commented that Article 8 of the special town meeting unfortunately became totally confusing, and people were not really sure what they were voting on. Article was tabled. At this point, Board does not have the authority to issue a non - criminal disposition for a violation of the smoking regulation. The only avenue is for the Agent to file a complaint in District Court. Violations that occur in a restaurant will be filed against the owner (not necessarily the smoker) of the restaurant for not enforcing the regulation. Chair VanSplinter recommended that Agent use his best judgment since each situation will be different. Can't really set a policy that says "after two warnings, court action will be taken ". Member Sosman commented that court could be slow and cumbersome. Agent responded that a show /cause hearing takes about four to five weeks. File complaint, hearing occurs, police officer handles it before a judge, if it gets that far. Only if we reach Superior Court would it require an attorney. 7. NEW BUSINESS a. Health Agent's Vacation: Will be gone a week beginning May 21st. MOTION: To send a letter to Town Manager requesting that Building Inspector cover for Health Agent in his absence. Fontanini /Austin. All in favor. VOTED Members agreed to postpose the presentation on restaurant inspections and food handling that the Agent will give, since Member Steele is absent. Board of Health Page 6 May 6, 1993 8. ADJOURNMENT MOTION: To adjourn at 9:30 PM. Fontanini /Austin. All in favor. VOTED. Respectfully submitted, Dianne Royle Recording Secretary NEXT REGULAR MEETING: MAY 20, 1993 J S- ' x//93 Clerk