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HomeMy WebLinkAboutBOH Minutes 3/4/1999BOARD OF HEALTH MINUTES MARCH 4, 1999 Members Present: Chairman James Leonard, Clerk Gary Forget, Ray Martin, and Phil Giangarra Also Present: Health Agent, Scott Leite 1. CALL TO ORDER at TOOPM by Chairman Leonard, Town Hall, 2 "a Floor. 2. CONSENT AGENDA a. Approval of Minutes of February 4, 1999 MOTION: To approve Consent Agenda. MartinlGiangarra. All in favor. 4 -0. PASSED 3. COMMNICATIONS 1. Memo to Boards and Committees from Board of Selectmen, February 22, 1999, inviting them to a joint discussion on Landbank Article, Wedneday, March 10'h @ 8:OOPM. 2. January 1999 CVNA Monthly Report. 3. January 1999 Rabies Summary Report. 4. January 1999 NMS Tobacco Control Monthly Report. 5. January 1999 NPDES Permit exclusion monthly discharge monitoring report for the former Gorham Silver Co. Site from the IT Group (formerly Fluor Daniel). 6, February 12, 1999 Notice of Application for Major Permit Modification for former Compo Chemical Facility, 240 Branch St. from ENSR. 7. February 25, 1999 Notice of Site Reclassification for former ISPO Facility, 234 Branch St., from ENSR (incorrect notice). 8. March 1, 1999 Notice of Site Reclassification for former ISPO Facility, 234 Branch St, from ENSR (correct notice). Note: Yi'ill be adi ertised itt Mansfield Netvr. 4. VISITORS At 7:15 PM Ed and Charlotte Troy were present to discuss the Enforcement Order dated February 16, 1999 for the failing septic system at 171 Ware St. Mr. Troy asked where and when the system overflowed? Agent answered his questions and explained that the groundwater goes into the pump chamber. Showers and other water uses cause the water to come out of the vent and flow downhill. Agent has observed toilet paper and effluent on the ground. Chairman Leonard informed Mr. Troy that the "receiver ", ordered by the Court, is observing the system to ensure that if it overflows, it will be pumped. Page 2, Minutes, March 4,1999, Board of Health Mr. Troy wondered how the receiver was appointed. Chairman reminded him to stick to the order. Chairman told him that the Board is satisfied with Mr. Hornung's response to the February Wh order. Mr. Troy referenced the proposed sewer option that will cost between $150,000 to $170,000. That, he said, will allow him to build another set of units. Because the septic system design will be in a nitrate sensitive area, that will cost in the vicinity of $100,000. Mr. Troy said that he will attempt to turn over the receivership through the Courts. At 7:35PM Richard O'Brien, Citgo Gas Station, comer of Hope and Pratt Streets, appeared before the Board to discuss a remedy to eliminate further infractions of the Board's Smoking Regulation and State Law. Karen Doucette, NMS Tobacco Control Coordinator, was also present. Mr. O'Brien has paid the $100.00 fine. He assumed ownership of the gas station in 199' ) and has had eight warnings. Member Martin commented that the station's proximity to the schools and his record of warning and violations causes great concern. Mr. O'Brien agreed and stated that another factor are the local eighteen year old kids who he hires. They sometimes do their friends a favor by selling them cigarettes, which is against the law. Mr. O'Brien has the employees sign an agreement that they are responsible for payment of any fines. The $100 fine was paid for by his employee. Mrs. Doucette and Member Martin suggested merchant education. Mr. O'Brien agreed to send his employees for this training. Chairman Leonard mentioned the overcharging of tobacco products and cautioned Mr. O'Brien that this is very serious and if it continues, it will reported it to the Department of Revenue. Mrs. Doucette reiterated that the first offense is a warning; second offense, $100 fine; third offense, $300 -$500 fine, all with possible revocation of license. Mr. O'Brien promised to continue reminding his employees about tobacco sales to avoid further violations. 5. HEALTH AGENT'S REPORT a. Troy, 171 Ware St.: Ron Hornung, "Receiver ", ordered by the Court, has submitted a septic design plan; however, the location of the system is in a nitrogen sensitive area, that dramatically increases the cost of the system. RIM Engineering is now looking to sewer 171 Ware; however, permission is necessary to cross Town land, to the sewer easement at Baybrook Farms and the Sewer Commissioners/Board of Selectmen must approve the hookup. b. Hathervay &Patterson Dioxin: Reports are in re: testing of fish. Further review of report is continuing to determine how serious it is, what particular fish, amounts of dioxin. It's not a matter of yes or no. c. Hatheway & Patterson /Clemmey Tank Brownfields: Town Counsel wanted to ask the Board to issue an order to allow passage on the Clemmey Tank Page 3, Minutes, March 4,1999, Board of Health property. This is a hazardous waste issue, not public health remcdiation issue. Agent replied in the negative to Town Counsel. d. Cheng du: Re- inspected kitchen. Doing very well with some new equipment and new procedures. Staff is trained not to take food out of refrigerator too long before being cooked. e. The Smell of Oranges: Resident called Fire Dept. in the middle of the night because there was a pungent odor in her son's bedroom. She thought it smelled like rubbing alcohol and Agent thought it smelled like nail polish remover. After extensive searching, a plastic bag of oranges was found in her son's closet. The oranges had fermented and caused the odor. f. Household Hazardous Waste Collection: Probably will be the 2 "d or 3`d Saturday in April. g. Woodland Park Subdivision: Located behind Gorham Silver site, off Smiley Ave. and Fruit St. Solid lead has been discovered on two lots and a plan will be developed. Some VOC's, but no treatment is required. It. Vacation: Agent on vacation, March 15 -191h. Will have coverage. 7. OLD BUSINESS a. MOTION: To approve Health Agent signing permits on an out -of -cycle basis. Forget/Martin. All in favor. 4 -0 PASSED. All permits will be brought before the Board for ratification. It. Well Reg: Chairman Martin asked if the same Well Regulation is in place. Agent responded yes and that every well driller must be licensed with the State. S. NEW BUSINESS a. Charter: Member Martin commented that the Charter revision for the hiring of the Health Agent may cause a confusing line of authority. The Town Manager will hire the Health Agent if the Charter passes on March 15'h. Instances cited were the Town Hall air conditioner and stump dump at Plymouth St. Recreation Area when the Board of Health issued an order against the Town. It. Great Waves: Member Giangarra asked what involvement the BOH will have with Great Waves. Agent replied with the operation; i.e., pool permits (lifeguards), food establishment permits. Town water will be used for potable use and bedrock wells for filling pools and watering outdoor landscaping. Page 4, Minutes, March 4, 1999, Board of Health 9. ADJOURNMENT MOTION: To adjourn at 8:30 PM. Forget/Martin. 4 -0 PASSED Respectfully submitted, Dianne Royle, Recording Secretary LANDBANK MEETING WITH SELECTMEN, MARCH 10TH 8 :00pm NEXT BOARD MEETING: APRIL 1, 1999 7:OOPM IF UNABLE TO ATTEND, PLEASE CALL. THANKS. 261 -7366. - .17