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Home My WebLink AboutBOH Minutes 5/1/1997YJV-� q rCr BOARD OF HEALTH MINUTES JU„ MAY I, 1997 M 3122 Members Present: Chairman Ray Martin, Clerk Gary Forget, Davi .fo�ie�, r" IUSUTS Joe Kowalczyk, Jim Leonard Also Present: Health Agent, Scott Leite 1. Call To Order at 7:30PM by Chairman Martin in the Town Hall. 2. Consent Agenda a. Approval of Minutes, April 17, 1997 MOTION: To approve the Consent Agenda as submitted. Leonard/Forget. All in favor. 5 -0 PASSED. 3. Communications REGULAR CORRESPONDENCE I. Fluor Daniel GTI, NPDES Permit exclusion monthly discharge monitoring report for March 1997. 2. DEP Bacteriological Analysis Report, April 21, 1997, coliform absent. 3. Letter from Citizens for Environmental Protection, Foxboro, April 20, 1997, re: protection of Taunton River Basin and invitation to meeting on May 22, 1997, 7:30 PM to Ahern Middle School. Sent to each member. 4. Aquifer Advisory Committee, Foxboro, April 29, 1997, re: Invitation to kickoff meeting , May 8, 1997. 4. Visitors (Member Kowalczyk left meeting at 7:37PM to attend Finance Committee to discuss additional funding for household hazardous waste collection. FinCom supports $7,500, Board needs $15,000.) At 7:37PM Chairman called public hearing to order at 7:37PM. Karen Doucette, NMS Coordinator, presented the proposed changes and additions to the Regulation Affecting Smoking and the Sale, Vending and Distribution to Tobacco page by page. Changes are proposed to conform and incorporate FDA language. If Board wishes to retain Massachusetts language, then an exemption would have to be requested. The purpose of signage for restaurants is to warn patrons that the restaurant is NOT smokefree and that the public becomes aware of the environment that they are entering. Page 2, BOH Minutes, May 1, 1997 The license for the sale of tobacco is proposed to deal with those businesses that repeatedly sell to minors. At present, non- criminal disposition is used; however, courts frown on it, it is costly and time consuming. Peter DeTrolio, Rum Runner Package Store, suggested that teeth to regulate be added to the reg rather than a permit and fee. Wayne Smith, Dubs Liquor Store, reminded Board that the proposed reg states that there shall be a fee. Shall implies that there will be a fee. Henry Austin, Bagel Train, -asked if there will belaws- prohibiting smoking in restaurants. No mention yet. Chair called public hearing closed at 7:56PM At 7:56 PM Chair asked Peter DeTrolio to discuss his issues re: noise. Mr. DeTrolio stated that he has tried to resolve his noise issue for the past ten years. He continued that this is a nuisance issue. Hundred's of people in West Mansfield cannot enjoy their decks and property during summer months. Almost every night something is going on at Great Woods and in other areas of town, other activities. Mr. DeTrolio encourage Board to adopt a noise regulation. He said that he-cannot watch T.V., fisten to his stereo, can't enjoy peace, sound of a cricket or frog, nothing, just Great Woods. His wife suffers from migraines and must hide in basement for four to five hours during a concert. "Not fair to me." He suggested that Board look into other towns that have rules and regs for sound. Measuring sound in neighborhoods doesn't do justice; sound should be measured in pavilion of Great Woods where it is generated. "I don't want to sit here and tell you what level it should be." Mr. DeTrolio commented that Great Woods can be heard in Attleboro and all parts of West Mansfield. The sound inundates his house and he must leave it and get in his car. He lives at 496 Elm St. He has had many Selectmen listen to the sound, and a State Rep and Senator and they were all appalled. Hundreds in West Mansfield and Norton can hear Great Woods. "I'm here to get some help. Great Woods doesn't care." Member Kowalczyk asked that if there are hundreds of people affected by Great Woods noise, where are they? Mr. DeTrolio replied that people offered to come and canceled. Chair commented that the neighborhood surrounding a West Mansfield kennel banded to together, hired and attorney and fought that issue. Mr. DeTrolio replied that people are disgusted, they chose to air condition their houses or they leave in their cars. Chair commented that a blanket noise reg has variables, difficult to monitor and weather plays a role. Page 3, BOH Minutes, May 1, 1997 Karl Clemmey, 390 West St., commented that he attempted to bring a noise bylaw to Town Meeting, but it was voted down. New road will be coming through the property now owned by the owners of Great Woods and that will bring additional noise. Chair took straw poll. Board agreed to gather information on noise regulations and review them on a 3 -2 poll. Would like to hear from sound expert. Discussion ended at 8:25PM. Discussion of Proposed Change of Smoking Reg: MOTION: To open discussion on proposed regulation on items that we need to make a decision. Kowalczyk/Leonard. 5 -0 PASSES MOTION: To approve proposed changes for Rationale, Article 1 and Article 2. Leonard /Forget. 5 -0 PASSES MOTION: To approve proposed changes for Article 3. Leonard/Forget. 5 -0 PASSES MOTION: To approve proposed changes for Article 4. Forget /Kowalczyk. 5 -0 PASSES MOTION: To include FDA language in Article 5, Section 1. Leonard /Jones. 5 -0 PASSES MOTION: To approve amendments in its entirety for Article 5, Section 2 and for Article 5, Section 3, include FDA language. Leonard /Kowalczyk. 5 -0 PASSES MOTION: To incorporate Article 6, Section 1 in regulation. Leonard /Kowalczyk. 5 -0 PASSES MOTION: To approve Article 6, Section 2.13, to language change, "shall "to "may ". Kowalczyk /Jones. 5 -0 PASSES MOTION: To accept in its entirety, Article 6, Sections 3,4,5,6. Leonard /Kowalczyk. 5 -0 PASSES Page 4, BOH Minutes, May 1, 1997 Fee: MOTION: To accept Article 7 in its entirety. Leonard/Forget. 5 -0 PASSES MOTION: To accept Articles 8, 9, 10 and 11 in their entirety. Leonard /Jones. 5 -0 PASSES MOTION: To assign.$10 fee. Leonard/Kowalczyk. For purposes of discussion. Member Kowalczyk commented that since the purpose of the license is for enforcement purposes and that it will be a part of another license, there are no administrative costs to issuing this permit. Member Leonard withdrew his original motion and made the following. MOTION: To assign zero fee and leave open for review. Leonard/Kowalczyk. 5 -0. PASSES At this time, Chairman allowed Karl Clemmey to comment about Wade property, Branch St. Mr. Clemmey stated that he is now collecting plastic containers. He wants a letter from the Board stating that the Wade property is not under their jurisdiction. Chair responded that letters had been sent to Fire Dept. and Selectmen re: the storage of junk on this property. 5. Health Agent's Report a. Household Hazardous Waste Collection: Rescheduled for May 3rd. The April HHW Day, unfortunately, had a minor accident. Wind took tarp and blew it onto a car and a person. Collection stopped immediately. No one hurt. Laidlaw is responsible for damages to the vehicle and allowed for the continuance with no additional setup cost. b. Change of Hours: Begins May 12th. Same hours as Town Hall. c. HHW, Town Meeting Article: Member Kowalczyk met with FinCom this evening. They will continue to support $7,500 for annual town meeting and will recommend $7,500 for Fall town meeting. There was some confision and lack of communication. Board will challenge on town meeting floor when article comes up. They need $15,000 to hold a collection day longer than till noon. d. 171 Ware St., Troy Property: Court date postponed. No date yet. e. 340 S. Main St.(Textron): Fact Sheet No. 3 has been distributed. Resident called and asked if private wells can resume. Nancy Nevins, Fluor Daniel, said that they could use their well for watering lawns and gardens, but cautioned that it is unsafe for children to drink. Member Kowalczyk asked that there be clarification for use of wells under the "Risk Assessment" paragraph. Pollutants may be down, but they still. exist. Page 5, BOH Minutes, May 1, 1997 MOTION: To continue the ban on private wells in the vicinity of 340 South Main St. Leonard/Forget. 5 -0 PASSES L GIS Leftover Funds: Agent would like to use balance of funds for purchase of software. About $1,200 is left. g. Conununity Septic Management Plan: Schedule for June meeting. Need to decide whether to go for $100,000 or $200,000. 6. Old Business a. Prioritizing Goals and Objectives: Board agreed on following prioritized goals. Board will return with three objectives for each goal. 1. WORKSHOPS 2. GEOGRAPHICAL INFORMATION SYSTEM (GIS) 3. HAZARDOUS WASTE 4. TITLE 5 5. MEET WITH BOARDS AND COMMITTEES b. OSCO's Unsuitable Soil: Agent will followup. 7. New Business a. Fluor Daniel Report on 340 S. Main St.: Member Kowalczyk suggests that future reports give the maximum contamination levels for components through the monitoring process. This will allow for comparisons through the months. 8. Adjournment MOTION: To adjourn at 9:50 PM. Forge± ^Kowalczyk. All in favor. 5 -0 PASSED Respectfully submitted, Dianne Royle, Recording Secretary : Next Meeting JUNE 5, 1997 @7:30PM Clerk