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Home My WebLink AboutBOH Minutes 9/19/1991c' PN `'f`1' /EU BOARD OF HEALTH MINUTES September 19, 1991 91 OCT { 7 PIN I: 20 MEMBERS PRESENT: Chairman Michael VanSplinter, Clerk "j ; ",da a,ld! Steele, Peter Fontanini and Henry Austifi (arrj,v)r{i';7;L45�R�M) ALSO PRESENT Health Agent Scott Leite 1. CALL TO ORDER at 7:40 PM by Chairman VanSplinter. 2. CONSENT AGENDA a. Approval of Disposal Works Installers Permit: P. Beatty Excavation, Inc., Mansfield Peter DeGirolamo & Sons, Mansfield b. Approval of Food Service Permit: St. Mary's Church (request waiver of fee) c. Approval of Mobile Food Permit: "The Hot Dog Guy ", Marlboro d. Approval of Temporary Food Service Permit for the Balloon & Car Festival, Sept. 20 -22, 1991: Church of St. John the Evangelist CSF of Mansfield Del's Lemonade and Refreshment, Inc. Home Builders Assoc. of Attleboro Mansfield Chapter DAR Mansfield Little League Mansfield Band Parents Club Mansfield Emblem Club #531 Mansfield Lions Club Mansfield Women of Today Mansfield United Methodist Church Mansfield First Baptist Church Mansfield Grange, Inc. Mansfield Youth Group Mansfield Youth Soccer Association Mass, Dietetic Association MHS Booster Club Orthodox Congregational Church St. Mary's Catholic Women's Club Super Pao (Park Row, Roland Green, Robinson, OMS) The Mansfield Jaycees Theta Beta Sigma Phi Gamma Sorority Tri -Town Chamber of Commerce MOTION: To approve Consent Agenda. Steele / Fontanini. All in favor. VOTED, 3. COMMUNICATIONS a. Copy of letter from DEP, Sept. 9, 1991, Albany international Research Co., re: Hazardous Waste. Board of Health Page 2 September 19, 1991 b. Copy letter from DEP to Hathaway & Patterson, Sept. 17, 1991, re: Request for Short -Term Measures. c. Copy of letter to Marcel Boelitz & Joseph Kowal, DEP, from Rizzo Associates, Inc., re: 340 South Main St., re: Remedial, Short -Term Measures. 4. VISITORS James Appel, Old Colony Diner, could not be present, since he works until 9:00 PM. Agent reported that the violations have been corrected. 5. HEALTH AGENT'S REPORT a. Lawn Care Reg: Conservation Law Foundation is very interested in this case and has agreed to be a "friend of the court ". They have a process of review that they have to go through. They also wrote a model by -law, unbeknownst to us. Agent will put a package together and send it to Sally Newbury, CLF. Ms. Martinelli, an attorney, has spoken with Chairman VanSplinter and was sent a copy of the by -law. She and Agent have not been able to connect via telephone. ( b. 340 South Main St.: As mentioned in "Communications" above, Rizzo is anxious to start remedial action and asked DEP for approval. Agent spoke with Bill Yetman, consultant for Guaranty Trust, and told him that he felt the issue (pollution) was minimized by Rizzo when presented at the BCH meeting. c. Hatheway & Patterson: Referring to letter under "Communications ", remedial measures should have been started no later than April 15, 1991 and an "as built" submitted to DEP no later than August 1, 1991. H &P began two weeks ago. DEP stated in letter that H &P could be held liable for up to three times the response action cost incurred by the Department and held liable for any damages to natural resources. d. Old Colony Diner: Even though violations have been corrected, Agent recommends Mr. Appel come before Board to make it clear that future violations will cause the restaurant to be closed by Board of Health. e. Mansfield Tire: Mansfield Tire has been blasting oil down the storm drain in front of their garages. Storm drain eventually enters Back Bay Brook. Agent will periodically make inspections. f. East Mansfield Sewer Line: One- hundred citizens petitioned the Selectmen to put the sewer line on the special town meeting warrant. Chairman asked that Board allow him to contact chairpersons of all Boards and Committees to come together to support in a unified manner the sewering of East Mansfield. Board of Health Page 3 September 19, 1991 MOTION: To authorize Chairman VanSplinter to contact Chairpersons of all Board and Committees for reason he stated. Fontanini /Austin. All in favor. VOTED. g. Budget FY93: Town Manager is recommending a 4% cap on all expenses. Last year we were cut 4 %, so next year we will be level funded to FY90 figures. h. Community Visiting Nurse Agency: A cholesterol, glucose and blood pressure clinic will be held on October 17, 1991 at the Town Hall between the hours of 5:00 to 7:00 Phi. A tetanus clinic for all municipal employees may be held if Town Manager approves, since it will be done on Town time. Beverly Smith, nurse for CVNA, accompanied Agent on three restaurant inspections, i.e., Mansfield Host, Tahana, and Old Colony Diner. She was interested to see the relation between food handling and salmonella, which is a contagious, reportable disease. i. Auto Waste Collection Day: Scheduled for last Saturday in October. Will collect batteries, oil, tires, antifreeze, deisel fuel and kerosene and will be held at Recycling Park. j. The Nursery, School St.: The 2,000 gal tank at this property contains an asphalt protection product, water based sealer. It looks like jello. Richard Staples, owner, was told by Fire Dept. that he did not need a permit. k. LaBamba: This is the second time an application has been received from Mr. Racine. It was denied the first time, since he did not comply with State law for food handlers. He returned to Mansfield and was caught twice without a permit. Agent told him to leave or apply. He has applied. Agent asked if Board wants to issue a permit even though he violated orders twice? Mr. Racine will be asked to go before the Board to discuss the law. 1. Bungay Lake: A resident has asked for a variance to install a system 50'away from the lake. (Reg. states 75'.) The system now lies 15' from lake. The lot is too small to install the system further away than 50.' The Agent has no problem, since this will be an improvement. 6. NEW BUSINESS - None presented tonight. 7. OLD BUSINESS a. Non - Criminal Disposition: Member Steele felt that since this was approved at town meeting, the intent was to enact it. He feels it's a tool to get results quicker. Chairman suggested Agent review last year's activites to determine where the non- criminal disposition could have been C used effectively. Agent at first was in favor of it, but feels that since health violations are criminal offenses, this ticketing may not be Board of Health Page 4 { September 19, 1991 appropriate. Member Fontanini feels that the health agent should be the only one to issue the ticket, not board members. Subject will be discussed at next meeting when full board is present. b. Agent's Evaluation: Still need Members Austin and Fontanini's evaluations of Agent. Chairman reminded members that it is not the policy of the Board that the Agent call each member when something arises. It's the Chairman's job, which he takes full responsibility. Therefore, it is unfair to the Agent to be cited in his evaluation that he did not notify members before the issue appeared in the newspaper. Member Steele commented that it is his opinion that the evaluation form, in general, is not a worthwhile tool. Chairman also commented that he now feels it might be beneficial for a chairman to serve more than one year. He would support the next person in line (himself excluded) to be chair for two years. A vote, of course, taken each year. Chairman commented that he, as a private citizen, would be writing a letter to the editor informing citizens of the BOH action taken re: the ordering of fluoridation, the 90 -day appeal period, and the requirement of 10% of the registered voters to petition the question of fluoridation on a ballot at the next election. Member Steele objected and said that the Board fulfilled its duties by publishing the legal notice, which states that right of appeal. Chairman reiterated that he would be doing this as a private citizen. 8. ADJOURNMENT MOTION: To adjourn at 9:15 PM, Fontanini /Steele. All in favor. VOTED. Respectfully submitted, Dianne Royle, Recording Secretary NEXT MEETING: OCTOBER 3, 1991. See you then. Clerk Vate