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HomeMy WebLinkAboutBOH MInutes 8/6/1998Jul� BOARD OF HEALTH MINUTES AUGUST 6, 1998 =1.0 Members Present: Chairman Jim Leonard, Gary Forget, DavtJc3Lie '; 1 �� 1 Also Present: Health Agent, Scott Leite 1. CALL TO ORDER at 7:30PM by Chairman Leonard in the Town Hall, 3rd Floor 2. CONSENT AGENDA a. Approval of Minutes of July 9, 1998 b. Approval of Disposal Works Installers Permits: Abreau Bros. Trucking, Inc., Taunton c. Approval of Haulers Permit: N.E. Ecological Development, Johnston, R.I., 6 Trucks The following permits have been previously signed by the Chairman. d. Approval of Temporary Mobile Food Permits: Outback Jacks @ Great Woods, July 30, 1998 T.Dogs @ Memorial Park, August 1 and 2, 1998 e. Approval of Temporary Mobile Food Permit: Starbucks Coffee Co., @ Great Woods, August I 1 and 12, 1998 MOTION: To approve Consent Agenda. Forget /Jones. All in favor. 3 -0 VOTED 3. CONIMNICATIONS a. Great Woods Sound Reports, July 1 -24, 1998 b. Preliminary Report Charter Commission c. Copy letter from U.S. EPA, July 15, 1998, re: awarding of $200,000 Brownfields Grant for Train Station Project d. Fluor Daniel GTI monthly discharge monitoring report, June 1998 e. NMS monthly report, June 1998 4. HEALTH AGENT'S REPORT a. 360 Chauncy St.: Electrical work has not yet been done after an order of two months ago. Former owner, Sandra Doran. b. Pig Farm, East St.: Several neighbors in adjacent subdivision, Echo Hills, have been complaining of an intolerable odor from the pig farm. Inspected farm and everything appears to be in order. Pigs are fed bakery and produce items. Manure is covered frequently and not air dried. The wet weather may be a factor. Page 2, Minutes of August 6, 1998, Board of Health c, housing Inspections: Lately have conducted about four housing inspections per week; normally one per month. Tenants appear to not be tolerating living conditions' because the violations are not extraordinary. For example, windows do not go up and down easily, no handrails, cellar doors don't lock. Common items. d. Preliminary Charter Report: Board of Health is responsible for appointing the Health Agent under Mass. General Laws. Health Agent works under the direction and control of the BOIL Preliminary Charter Reports states that the BOH will select 2 -3 candidates and the Town Manager will ultimately make the appointment. This removes the checks and balance. Charter states that BOH shall have all the powers and duties afforded by legislation. Hence, the contradiction. MOTION: To send a letter to the Charter Commission stating the Board's position re: proposed charter change. Forget /Jones. All in favor. 3 -0 VOTED 5. VISITORS At 7:50 PM Karen Doucette, Program Coordinator, NMS Tobacco Control, gave update. 1. FY99 funding, $52,499. Reduction from $71,000. 2. Worked with Norton Dare Program. Contest for 8'h graders. Witmer's drawing was displayed on T- shirts, given to every 81h grader and paid for by Dare funding. 3. Compliance checks not 100 %, but very close. 4. Works with YMCA, Dare, Mansfield Recreation, Norton Camp Lindberg summer camps. 5. Environmental Tobacco Smoke Survey conducted in Norton. Would like to do one in Mansfield. Ultimate goal all smoke -free restaurants. 6. Holiday Inn asked for signage. Mrs. Doucette created the signage, laminated it and offered it to Holiday Inn. Health Agent suggested (1) an inventory conducted to determine number of restaurants and percentage that have smoking vs. non - smoking. (2) Is there a desire to change regulation? (3) Look down the road as to when NMS is no longer in existence. (4) Push survey as a marketing tool by asking restaurant owners. Chairman suggested that this general data would be important to see what we are dealing with. Member Forget urged the Coordinator to continue getting the message of the dangers of smoking to the young people. At 8:15 PM the Chair opened the hearing for Ed Troy, 171 Ware Street, failed septic system, in reference to the July 9, 1998, Order from the Board of Health. Mr. Troy was present and hearing was taped. Page 3, Minutes of August 6, 1998, Board of Health Mr. Troy gave a long history of past and present events relative to the septic system at 171 Ware St., irrelevant to the Order of July 9, 1998. Chairman asked what action Mr. Troy has taken to allow the BOH to reverse the Order of July 9, 1998? Mr. Troy's response was "There is no health hazard. I'm making arrangements with Ted Buckley, Rotor Rooter, Mansfield resident." Mr. Troy continued to say that in 1993 the system was excavated and the pump was found to be upside down. Hole fixed, no attempt to repair lines. He thought that's where the problem is. Agent responded that Mr. Troy's initial application for repair in 1989 represented that the 12 unit complex had 12 bedrooms. When making the repair in 1993, that engineer discovered that there were 24 bedrooms. In 1993, that engineer told Mr. Troy that the 1989 system was insufficient in size relative to the true number of bedrooms. In 1993, the Board of Health allowed Troy to make a temporary repair pending his litigation against the installer. At that time Troy's engineer told him that the temporary system would be undersized by about 113 and would have to be corrected. The current system was never intended to be in compliance at any time. This situation existed for five years. Troy has subsequently defaulted on his litigation with the installer and has been denied a motion to remove the default. Mr. Troy responded that he will not rip up the leaching field to the amount of $50,000. He l hopes to build another row of apartments and "will do the whole thing at one time ". "No health hazard exists ", he said. Chairman told Mr. Troy that he witnessed effluent on the ground. He also asked Mr. Troy if the six items in the July 9a` Order had been complied with? His responses were as follows: 1. Complied with for time being. 2. Repaired. 3. Effluent removed, pumped, removed again. I expect will return. 4. No. 5. No. 6. You have no right to enforce a vacancy issue. Chairman asked why the Board of Health should vacate the enforcement order of July 09 Mr. Troy replied that there is no health hazard. Within the next two weeks, lines will be cleaned and flushed. Agent replied to save his money, cleaning and flushing will not repair the system. Member Jones commented that chemical treatments do not repair septic systems. Chairman asked why shouldn't 171 Ware Street meet the requirements of Title V? Mr. Troy's response, "If there is no problem, what difference does it make ?" Hearing closed at 8:45 PM. Page 4, Minutes of August 6, 1998, Board of Health MOTION: To sustain Enforcement Order of July 9, 1998. Jones/Forget. All in favor. 3 -0 VOTED 6. OLD BUSINESS 7. NEW BUSINESS 8. ADJOURNMENT MOTION: To adjourn at 9:00 PM. Forget /Jones. 3 -0 PASSED Respectfully submitted, Dianne Royle Recording Secretary NEXT MEETING THURSDAY, SEPTEMBER 109 1998 THIRD FLOOR IF UNABLE TO ATTEND, PLEASE CALL. THANKS. 261 -7366.