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Home My WebLink AboutBOH Minutes 11/5/1998( BOARD OF HEALTH MINUTES ", i � P i l:'3 NOVEMBER 5, 1998 Member's Present: Chairman Jim Leonard, Gary Forget, Dave Jones, Ray Martin and Phil Giangarra Also Present: Health Agent, Scott Leite 1. CALL TO ORDER at 7:35 PM by Clerk Forget in the Town Hall, 2nd Floor 2. CONSENT AGENDA a. Approval of Minutes of October 2, 1998 b. Approval of Residential Kitchen permit: Ruth DiPietrantonio, Custom Cakes & Confections c. Approval of Disposal Works Installer's Permit: L. E. Solbo Construction Co., Plainville d. Approval of Food Service Establishment Permits: All Change of names Half -Time Cafe (formerly Player's Choice) School Dept. Food Service (formerly Republic Mgmt) Mansfield High School Qualters Middle School Robinson Elementary School Jordan Jackson Elementary School MOTION: To approve Consent Agenda. Martin/Giangarra. All in favor. 4 -0 PASSES 3. CONININICATIONNS 1. CVNA September, 1998 Report of Services. 2. Fluor Daniel GTI, October 15, 1998 September 1998 NPDES Permit Exclusion Monthly Discharge Monitoring Report, for Former Gorham Silver Co. Site 3. NMS Tobacco Control Program Monthly Report to the State, September to October, 1998. 4. HEALTH AGENT'S REPORT a. 9 -11 Allen St.: Walter Day is the landlord. A Show /Cause Hearing was held on October 21, 1998 with the Magistrate in Housing Court. Rather than comply with the enforcement order, Mr. Day chose the arraignment in Superior Court. A few days later, Ire telephoned Agent and asked what exactly lie had to repair. Haven't heard from him since b. 135 Church St.: Show /Cause Hearing held on October 21, 1998. Mr. Michael DiGioia, the landlord, told the Court that the repairs had been done, but they were not all complete. Asbestos was removed illegally by the landlord. The bags of asbestos were brought to his home in Upton, and disposed of there. DEP Central and Southeast traced the bags to Mr. DiGioia. A Temporary Restraining Order had been issued on Tuesday, November 3, 1998. This is to compel abatement of the asbestos contamination. He must hire an industrial hygienist to test the living area and the basement. He tore the asbestos off the pipes, rather than encapsulating it. Health Agent spoke to his attorney, Ed Valanzola. Unfortunately, he told his attorney a different story. At this time, the Dept. of Labor and Industries, DEP and Housing Court is involved. The arraignment for criminal action is scheduled for November 24, 1998. c. Budget: The same budget will be submitted for FY2000, since we have turned back money in the past. Only increase will be with salaries, according to Union contracts. d. Hatheway&Patterson: EPA took samples on Friday, October 30`h. Provisional Public Health Warnings have been distributed within the Town Hall for notice to residents, send to Norton BOH, and area tackle and bait shops. The signs for posting at the Rumford River, Norton Reservoir, Cabot, Kingman and Fulton Ponds will be nailed to trees next week. The Division of Fish and Wildlife did not stock the ponds and river this year due to the dioxin pollution. 5. VISITORS 171 Ware Street, Failed Septic Sy stem: Agent reviewed in chronological order the history of the septic system at 171 Ware St. with the Board. 1. June 23, 1993, Ed Troy's engineer stated that the temporary septic system is "woefully inadequate ". 2. February 27, 1996, letter to Mr. Troy asking for compliance with code. 3. April 30, 1997, breakout occurred. 4. April A 1997, enforcement order issued by Health Agent. 5. August 6, 1997, breakout occurred again. Court case taking too long. Four years into the case. Enforcement order issued. 6. February 9, 1998, Judge Tierne; ordered the system fixed, denied further rental of the apartments. Any violations of his order will force receivership of the property. 7. July, 1998, enforcement order issued. Board sustained order. System still not repaired. Waiting for court to enforce receivership. 8. November 18, 1998, trial date. (Chairman Leonard arrived at this time.) The purpose of this meeting is to inform the tenant at 171 Ware Street of the events and attempts to have the septic system repaired. A letter was hand - delivered by the Health Agent to every apartment. Those present were Don and Mary Kwiatkowski, Apt. 4, and Todd Cinelli, Apt. 10. Health Agent told the residents that the "last action the Board of Health wants to take is condemnation and force the residents out of their apartments. He has, however, received a transfer from the Reserve Account for $7,000 for relocation expenses, if this issue gets to that point. He hopes that the Judge will order receivership, so that the residents can remain in their apartments. Page 3, BOH Minutes, November 5, 1998 Don Kwiatkowski told the Board that some residents are not paying rent, they, are scared, and there is total confusion and misinformation among the tenants. He his very concerned that with the holidays coming, he will not have a place to live. What is the real threat he asked? Agent responded with detail and reiterated the history of the failed septic system. Chairman Leonard stated that he wants the residents to have a clear understanding of what has been happening and what could happen through court orders and /or orders from the Board of Health. The Board wants all the apartment dwellers to have a safe place to live and that the last resort is condemnation and relocation of the tenants. Mr. Troy was also present and when allowed to speak he said that the Board is attempting to enforce a court order that is in direct violation of Title 5. "You have an order from the Judge that violates the law ", he shouted. He also accused the Health Agent saying that there is no health hazard and telling the tenants not to pay the rent (Agent referred the tenants to legal housing assistance for Southeastern Mass.). Mr. Troy informed everyone that the motion will be heard on Tuesday, November 10 "i. Chair reminded Mr. Troy that this matter is in litigation and that he would appreciate no further comments. It's up to the authority of the Court. Mr. Troy shouted to the Health Agent, "Stay the hell off my property! Only on official business. His intention is to harrass me. He's a poor example of a Health Agent." Mr. Troy referred to a housing inspection conducted by the Agent and asked for by a tenant. Mr. Cinelli, Apt. 10, asked what will happen after November 10 "i. First concern is health, safety, and welfare of the tenant. There will be hearings for tenants to attend and speak. If the Board orders condemnation and tenants must move, Town will pay moving expenses and will allow ample time to find a place to live. 171 Ware Street was condemned in 1989 and the tenants were not evicted at that time. The Town's attorney, Joe Hannon, was present and explained to the Board what occurred in the past and what could happen from this point on. Attorney Hannon hopes that the order from Judge Tierney will remain and the buildings will be transferred into receivership. This person will manage the property and the receivership will have to meet all the health codes. A failed septic system does not go in and out of failure. Once failure is determined, it stands. Mr. Troy has also been ordered to pay the town's costs. Mrs. Kwiatkowski asked for a letter informing her what happens at the November 10" court date. Agent recommended that she call him. Attorney Harmon told Agent that if a tenant calls, lie has a right to enter onto the property. As a courtesy he could call Mr. Troy. Attorney Hannon hopes that November 10 °i will bring this matter to the next step. l Page aj R(JH Minutes, iVQvamlJer 5, 1998 6. OLD BUSINESS: None presented. 7. NEW BUSINESS None presented. V. ADJOURNMEN T MOTION: To adjourn at 9:10 PM. Martin/Forget. All in favor. 5 -0 PASSES Respectfully submitted, Dianne Roy_ le, Recording Secretary SEWER EXTENSION �V t�ORIzV1SHOID T-HURSDAY, NOVEMBER 19TH5 7 :3 -ur-M, 3" FL^vOR NEXT MEETING: TH RSDAY, DECEMBER 3, 1998 2"- FLOOR Date