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Home My WebLink AboutBOH Minutes 12/3/1987Y7F (.MINUTES BOARD.OF HEALTH DECEMBER 3, 1987 Members present: Chairman Edward Tartufo, Clerk Edward Rosenberg and Donald Steele Also present: Health.Agent Scott Leite 1. Meeting was called to order at 7:30 p.m. by Chairman Tartufo. 2. MINUTES Motion: To approve minutes of Board of Health meeting held on October" 29th. Edward Rosenberg /Donald Steele. All in favor. VOTED 3. CORRESPONDENCE - Statements from Community Health Agency: November, 1987, as per contract for services and December, 1987, total amount due of $ 2,711.00. Motion: To pay amount due to Community Health Agency, $ 2,711.00. Edward Rosenberg /Donald Steele. All in favor. VOTED - Statement from Human Services of Southeastern Massachusetts, for quarterly payment due for October, November and December, 1987, $1,350.00. Motion: To pay amount due, $1,350.00. Edward Rosenberg /Donald Steele. All in favor. VOTED - Letter dated November 5, 1987, from Attorney Richard Gelerman to the Board of Health, informing the Board that he represents the Board of Selectmen in its action to challenge the validity of the Form A endorsements to Ms. Fram and Ms. Nardone on Bird Road. He requested that until matter is resolved, the Board of Health should not issue Disposal Works Construction Permits for that area. - Letter dated November 25, 1987, from Health Agent Leite to Attorney Gelerman, responding to his letter regarding Bird Road, advising him that the issuance of Disposal Works Construction Permits is controlled by NGL 111, Section 31E. Approval of systems is dependent upon criteria in 310CMR 15.00, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, State Environ- mental Gode, Title 5; and Mansfield Board of Health Regulation, "Minimum Requirements for the Disposal of Sanitary Sewage in Unsewered Areas ". - Letter dated November 30, 1987, from Health Agent Leite to Alan Ellis, owner of the Homestead Restaurant on Plain Street, informing him'that plans to repair septic system have not.been received. Health Agent requested that within seven days, Mr. Ellis must: present plans for repair or proof that the system has been pumped as required. Chairman Tartufo asked Health Agent if plans were received yet. 'Board of Health Minutes '? 'paRe 2 iecember 3,1987 Health Agent responded that Ray Field has plans, but plans are not drawn yet. - Letter dated December 1, 1987, from Health Agent Leite to Donald Squires, D.E:Q.E. - Air Pollution Control, regarding meeting held on November 12th. On behalf of the Board of Health and townspeople that attended the'meeting, Health Agent thanked him for sharing his knowledge on sound control. - Letter dated November 10, 1987, from Bruce Montgomery, General Manager of Great Woods, to Chairman Tartufo, responding to the Chairman's letter to Steve Lombardi, dated September 1, 1987. Mr. Montgomery indicated that he would like an opportunity to meet with Chairman Tartufo in order to gain a better understanding of the expectations of the Board and how Great Woods could satisfy these expectations. - Copy of letter dated November 18, 1987, from Vaughan Steeves, D.E.Q.E. - Air Quality Control Section, to Codex Corporation, 100 Hampshire Street, regarding Notice of Noncompliance. - Copy of letter dated November 6, 1987, from Christopher Tilden, D.E.Q.E. - Solid and Hazardous Waste Sections, to Hatheway & Patterson Co., Inc., 15 County Street, with results of inspection performed, indicating that Hatheway & Patterson have corrected violations. - Health Agent distributed correspondence to the Board members, which he collected at a seminar held by the Southeast Regional Health Office. The topics were as follows: - "Communities Use New Method to Enforce Laws ", from the Incentive Aid Reporter, No. 12, Feb. 1987. - "Conflict of Interest Law ", from the Commonwealth of Massa - chusetts, State Ethics Commission. - Copy of memorandum dated June 24, 1986, from Michelle Roemer to Beverly Hayes, regarding "Possible Liability of Local Board of Health Employees Under Mass. Tort Claims Act ". - Memorandum dated December 3, 1987, from Bev Rooney to the Board members, reminding the Board of licenses that will expire on December 31st, asking if members will increase required license fees. Also attached was a compar- ison completed of various license fees in.neighboring towns. The following suggestions were made regarding license fees; no motions were made: - Chairman Tartufo suggested that a $ 50.00 fee be charged when expired septic plans are re- submitted. - Disposal Works Construction Fees - Health Agent recommended that fee be increased. -Member Steele suggested charging $50.00 for new applications, and $ 25.00 for renewals. Chairman Tartufo suggested possibly asking new applicants if their license has ever been suspended or revoked;. ' - Food Service - Clerk Rosenberg suggested that Health Agent do research on the seating capacity of each restaurant in order to determine the license fee for each restaurant. - Clerk Rosenberg also suggested that the Board schedule a meeting to set license fees. 4. LICENSES - #132 Mansfield House of Pizza, 4 Samoset Avenue - Food Service #100 Milk and Cream Motion: To approve transfer of Food Service License, and Milk and Cream, to Ezzat Zakhary (originally owned by Dimitri & Valerie James). Edward Rosenberg /Donald Steele. All in favor. VOTED #131 Laurie Catering, 4 Drake Street, S. Easton, MA 02375 - Mobile Food Motion: To approve renewal of Mobile Food License. Edward Rosenberg /Donald Steele. All in favor. VOTED 5. HEALTH AGENTS REPORT Soil Examinations: - #87 -170 Assembly of God; West Street - Lot 35 (Plan 5) .Motion: To approve soils and percolation rate, only. Will wait for evalua- tion of groundwater until the spring, using pipe readings. Edward Rosenberg /Donald Steele. All in favor. VOTED - John P. Smith, 340 Balcom Street - Mr. Smith did not respond to letter from Health Agent, ordering him to cease and resist from the practice of landfilling at 340 Balcom Street. Health Agent asked the Board members if they want to pursue legal action. The Board advised Health Agent that they do wish to pursue legal action. - Ed Troy, 171 Ware Street - Health Agent Leite asked the Board members if they would like to condemn the building. . Chairman Tartufo requested that Health Agent obtain a list of the. tenants. The Board members discussed their concern about this health problem. Clerk Rosenberg suggested sending a letter to Selectmen, informing them of this serious health problem which the Board of Health has been trying to resolve for two years. (Mr. Troy has been postponing court appearances.) Clerk Rosenberg feels that the Selectmen should be made aware that the Boardof Health has not been getting the assistance needed from Town Counsel, and ask for another . alternative to use. A Regarding financial backup, Member Steele strongly feels that the Town should have an emergency fund for these serious health problems that do arise. 6. NEW BUSINESS - S. Zachary Swidler vs. Board of Health summons. Motion: To forward appropriate legal papers to Town Counsel. Edward Rosenberg /Donald Steele. All in favor. VOTED 7. OLD BUSINESS - A meeting with the Boards of Health and Selectmen, and Don Squires of D.E.Q.E., on air pollution, was held on November 12th. The Board of Health did not have a quorum. Attendees were: Chairman Tartufo, Member Steele, Selectman McNair, Selectman Mahana, Health Agent Leite, Bruce Montgomery - Manager of Great Woods, and concerned residents of the town. The Board members held a discussion on this subject. Chairman Tartufo pointed out that one of the suggestions made by Don Squires was to set up a monitoring system with microphones. Chairman Tartufo also mentioned that Bruce Montgomery is sincerely trying to figure out ways to solve the problem. Chairman recommended to Bruce that he work with neighbors in trying to resolve the problem. 8. Motion: To adjourn at'9:05 p.m. Edward Rosenberg /Donald Steele. All in favor. VOTED Respectfully submitted, Beverly.Rooney Recording Secretary Edward Rosenberg, Clerk' Date