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HomeMy WebLinkAboutBOH Minutes 10/17/1991BOARD OF HEALTH MINUTES �, 4J- October 17 1991 nFUI , E D _��. `.f it - e `IFIELP MEMBERS PRESENT: Chairman Michael VanSplinter Clerk wod b 9� F Z' D Peter Fontanini Henry HenryAustin andEar 9 ALSO PRESENT Health Agent Scott Leite H ArC IELD HASSACHUSETTS 1. CALL TO ORDER at 8:00 PM by Chairman VanSplinter. Meeting began a half hour late because Community Visiting Nurse Agency was still conducting their cholesterol screening clinic. At this time Member Steele asked to pre-empt the agenda to read a prepared statement that he distributed to everyone at the table. MOTION: To pre -empt Agenda to read a prepared statement. Steele /Rosenberg. All in favor. VOTED. His statement was a formal protest to Mr. VanSplinter's "Letter to the Editor" (Mansfield News and Sun Chronicle) re: a citizen's right of appeal under the fluoridation law. Member Steele did not accept the actions of Mr. VanSplinter, as a private citizen, to have written this letter; and that anything the Chairman had to say or wished to do, should have been done at a meeting or endorsed by the Board. Mr. Steele asked for Mr. VanSplinter's apology. Member Rosenberg concurred with Member Steele's letter. Later he commented that it is not government's obligation to instruct citizens, it is a citizen's responsibility to know what his rights and obligations are. He ( does not recall an instance where government has instructed citizens. He also said that he once wrote a letter to the newspaper and signed it "Chairman ". He recalled that he, too, was reprimanded and he apologized for his actions. Member Fontanini commented that when Mr. Tartufo was chairman, he frequently declared votes unanimous (for important issues) so that the Board presented a united front. Member Austin addressed three points: (1) Should the Board have made it clear that the vote was 3 -2 in favor of fluoridating public water supply? (2) Should the steps for appeal have been clearly outlined? (3) What is the policy of the Board to address future situations? Can we go on our own as "John Q. Public "? May want to get a legal opinion as to what our rights are as private citizens while serving on a board. Chairman VanSplinter responded that it is his constitutional right to write a letter to the newspaper and that he made absolutely no reference as "Chairman" or to the Board of Health. His intent was clear and he did not get someone else to write his letter. He wrote it as a private citizen and did not violate a policy of the Board. If the Board wished to condemn a member from taking a position, then it would be a violation of his civil liberties and freedom of speech. Chairman said, "I am sorry you feel my actions were inapproriate." Board of Health Page 2 October 17, 1991 Member Rosenberg said that if members of board object or have a problem, then the member should resign from the board. Chairman said that the letter was not in opposition to the vote, and he was sorry that the board misinterprets it otherwise. Member Steele asked what Chairman would do in the future. Chairman replied that he would not write letter on fluoridation, but could not make that promise on something else. Member Steele objected to having a Chairman who could not refrain from any letter writing to the newpapers. Therefore, his motion: MOTION: To reorganize. Steele /Fontanini. 1 -3 -1. Motion fails. Member Steele said that once the vote is taken, that is the direction of the board. He said to Chairman, "Do not feel this is an abregation of free speech. This Board is the forum- -not the newspaper." Discussion ended at 8:30 PM. 2. CONSENT AGENDA a. Approval of Minutes, October 3, 1991 ( c. Approval of Mobile Food Permit: Mansfield Lodge of Elks No. 2633 (Mr. Rosenberg, Elks member) left meeting at this time. MOTION: To approve Consent Agenda. Austin /Fontanini. All in favor. VOTED. 3. COMMUNICATIONS a. Copy of letter, Oct. 2, '91, from Bedminster Bioconversion Corp. to Chair Bd. of Selectmen, re: composting facility in Norton on Mansfield -owned land. b. Copy of letter, Oct. 11, '91 from Town Manager to Bedminister Bioconversion, re: composting facility. Members asked with board would have jurisdiction -- Mansfield's or Norton's? Norton's, since land is in Norton. c. Copies of letters from Ausimont USA, Inc., to DEP, Oct. 7 and 10, '91, re: Compo Industries, Branch St. d. Copy of letter from Health Agent to Karl Clemmey, Oct. 8, '91, re: 390 West St. e. Copy of memo from Health Agent to Water & Wastewater Operations Mgr., Oct. 8, '91, re: Greenscape Landscape Design. Members asked Agent to follow up. f. Copy memo to all boards and committees from Town Manager, Oct. 17, '91, re: Request for Chairman to meet with Bd. Selectmen on Oct. 23rd to i discuss goals and objectives. Board of Health Page 4 October 17, 1991 Does proposal pose a threat to public health? Member Rosenberg asked for a copy of subdivision review regs. Agent will provide a copy to each member. g. Auto Waste Day: Scheduled for October 26th at Mansfield Green Recycling Park. Still looking for volunteers. Members Austin and Steele will be there. DPW Director and Agent are planning the layout for cars and disposal sites. 6. OLD BUSINESS a. Noncriminal Disposition: Question is should BOH adopt this tool? Chairman suggested that for next six months, agent maintain log of offenses relative to the function of a noncriminal disposition. Could the noncriminal disposition remedy the offense faster than filing a criminal complaint with the court? Suggestion was acceptable to Board. Reminder that this would be only for BOH regs. b. Fluoridation: Board will wait until appeal period expires, Dec. 12th, to make a decision re: funding timeline. Member Rosenberg feels that Board should put pressure on State reps to encourage DPH to complete the engineering plans faster than they normally could. Martha Wood estimated that plans and bidding process could take many months, necessitating funding for FY94. c. Chairmen's Meeting: Chairman VanSplintar asked if the Board wants him to continue meeting with Chairs of Planning and Conservation with regard to East Mansfield Sewer. Everyone agreed to continue. d. Health Agent's Evaluation: Chairman reviewed the summary of Agent's evaluation with him. e. Chairmanship: Chairman reminded Board that a vote had been taken to limit the chairmanship to one year. Members agreed to table and give it some thought as to amended the vote. 7. NEW BUSINESS a. Collective Bargaining Agreement: Agent gave each member a copy of his agreement for the supervisory unit. 8. ADJOURNMENT 140TION: To adjourn at 10:20 PM. Rosenberg /Fontanini. All in favor. VOTED. Respectfully submitted, Dianne Royle, Recording Secretary NEXT MEETING: November 7, 1991. See you then. Clerk Dat