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Home My WebLink AboutBrd of Health 04/26/2001 ( BOARD OF HEALTH APRIL 26, 2001 MINUTES RECEIVED lq'r r. '.... C"r~t.!f..~ (). FF ICE :; c,..l,} ..:"; " '....' Members Present: Chairman Phil Giangarra, Acting Clerk Mi<hieIJeilMsiVan, David Jones Also Present: Health Agent, Scott Leite HASSA.CHUSETTS 0' JUN 20 AM": 2 5 1. CALL TO ORDER at 7:00 PM by Chairman Giangarra, Town Hall, 2nd floor. 2. CONSENT AGENDA Approval of Minutes of April 2, 2000 MOTION: To approve Consent Agenda Madan/Jones. 3-0 PASSED 3. COMMUNICATIONS 1. Bill from Attorney Joseph Hannon for legal services for 60 Pine St. Title 5 violation, by Efficient Excavating, and a check for $1300 which is the settlement, plus the $300 for legal fees incurred by the Town. f' 2. HealthCare Options, Inc., March 2001 Report of Services. 3. NMS Tobacco Control Program, February and March 2001, Monthly Activities Report 4. Copy letter from DEP, April 4, 2001 to Environmental Health & Safety, Pennsylvania, re: notice of responsibility for release and/or threat of oil and/or hazardous material. 5. Copy of letter from DEP, April 4, 2001 to Mansfield Water Dept. re: pumping test and zone II delineation for Witch Pond Well No.6 and proposed Well No. 10. 6. Copy of letter from DEP to Compo Chemical, April 12, 2001, re: notice of responsibility, for release and/or threat of oil and/or hazardous material. 7. Copy of letter from DEP to Giroux Brothers Transportation, April 12, 2001, re: notice of responsibility, for release and/or threat of oil and/or hazardous material. 8. Copy of letter from DEP to Toyota Parts Distribution Center, April 4, 2001, re: notice of responsibility, for release and/or threat of oil and/or hazardous material. 9. Letter from Penney Engineering, Inc., April 17, 2001, re: written notification of the availability of an Immediate Response Action Completion Report for the Highway Department Garage on East St. 10. Copy of letter to Ladonna Restaurant, April 9, 2001, re: granting of variance from smoking regulation to June 30, 2001. 11. Copy of letter to Tahana Restaurant, April 9, 2001, re: extension of variance to May 5, 2001. - "'If ~,_ Page 2, Board of Health Minutes, April 26,2001 r 4. VISITORS At 7:15 P.M. Chairman Giangarra convened the hearing for violations under the State Housing Code for Walter Day, who owns the property at 9 Allen Street. Health Agent read the nine violations as stated in the March 20, 2001 Order of Correction. Mr. Day had until April 10th to recify the violations. As of today, they were not all corrected. Mr. Day, owner, is requested that the Order be revoked. He said that the tenants have received an eviction order and that they are using the Health Dept. for revenge. The order is effective May 10,2001. ~ Mr. Day stated that he did replace storm door handle. Agent replied that it is still not working properly. Mr. Day will fix. (2) Mouse infestation: Mr. Day sprayed and place Dcon on the foundation. In the 30 years that he has owned this building, he has had only one incidence with mice. (3) Bulkhead door was repaired this afternoon. Agent inspected property this morning. Mr. Day admitted that he overlooked the cellar door. He will repair. (4) Fuel tank removed. (5) Wax seal on toilet has been replaced. Mr. Day flushed four times, did not notice the leak. Agent said it appeared the seal had not been replaced. (6) Mr. Day said bathtub does not move. Agent stood in bathtub and it squeaked Building Inspector looked at bathtub area and was concerned about structural integrity. Mr. Day responded that sub-floor and timbers in basement are new. (7) Smoke detectors missing. After much discussion, John Simon, the Son of the tenant, was present, and he admitted that his father takes down the smoke detector (near bedroom) every daytime and reinstalls it at night. (8) Snow and ice in egress is not pertinent now. Mr. Day said that the rental agreement states that the tenant must shovel. Agent asked for a copy of the rental agreement. (9) Mr. Day admitted that his name is not posted in the building. He will post his name. Agent showed pictures of the violations to the Board. He stated that Mr. Day does make attempts to repair the deficiencies, but unfortunately, the workmanship does not stand up very long. Members Jones and Madan admonished that the repairs were not completed on time as ordered. Some were done today. There was lengthy discussion with the kind of materials, such as plastic (biodegradable) bags and naugahyde, used to fill in and cover holes. Flashing should have been resealed, naugahyde unacceptable. - Mr. Day stated that it is not a level playing field. Tenants have the liberty to contact the Health Agent for an inspection when they have an eviction notice hanging over their - (' Page 3, Board of Health Minutes, April 26, 2001 heads. Mr. Day requested that the Health Agent tell the tenant to call him first to give him the opportunity to fix the problem before it gets to a housing order. Agent replied that the Housing Code does not work that way. Mr. Simon's final comment was that his father has contacted the State Building Office and asked for an inspection of the premise. Hearing closed at 8:20PM. MOTION: To extend the Housing Order to May 4th. All violations must be corrected by that date. Madan/Jones. 3-0 PASSED 5. HEAL TH AGENT'S REPORT r a. 60 Pine St.: Septic installation is complete and as-built plan approved. b. Household Hazardous Waste Day: Successful. Busy from 8:30 a.m. to Noon. A fternoon about 20 people. Morning is obviously the choice of the residents. Thirty-nine drums of material collected, $750 for roll-off, $300 for setup, total cost should be about $11-12,000. This will give us additional money for next year. Recommendation is to have the Collection once a year and end at 1:00 PM. c. 180 Otis St.: Town Meeting on April 25 approved the article to discontinue this portion of Otis Street and to evenly distribute the frontage to three house lots. This vote will now make the septic system on private land-not under the street. d. Tahana Restaurant: Mr. Chon called to say that the ventilation system is in. The Mechanical Inspector has not yet inspected. e. Ladonna Restaurant: Carla Foley called to say that she did not get a bank loan for the proposed remodeling of the restaurant. She did, however, install a tent outside the bar door for smokers. f. Request for Installer's License: Efficient Excavating, Brockton, has requested an Installer's License. James Garner of Efficient Excavating, did the illegal work. He said that he was told by the owner of 60 Pine Street, Linda Savini, that she was having a problem with the washing machine dry well. It was, in fact, the cesspool. This company should have known the difference between a cesspool and drywell, according to the Health Agent. A trench was dug by Efficient Excavating to alter the cesspool. This was done without a license and in violation of Title 5. (See Correspondence #1.) - ( Page 4, Board of Health Minutes, April 26, 2001 MOTION: To deny Efficient Excavating, Brockton, request for an Installer's License, without prejudice. Madan/Jones. 3-0 PASSED 6. OLD BUSINESS a. Regulation for Toilet Facilities: Board will discuss the proposed regulation requiring toilet facilities when there is a full Board. b. Regulation of Body Art: Chairman had a comment under Section 6, specifically that the faucet be self-closing. Agent will amend. Regulation will be reviewed and voted on next meeting. A public hearing is not necessary since there are no body art establishments in town. 7. NEW BUSINESS r- 8. ADJOURNMENT MOTION: To adjourn at 8:30 PM. Jones/Madan. 3-0 Voted Respectfully submitted, Dianne Royle, Recording Secretary NEXT MEETING THURSDAY, JUNE 7,2001, 2ND FLOOR, 7:00 P.M. .- ~ - ~-.:Z:< --J~<---;""--' L/~.....~~ A Clerk ~/ (;/ 7/ (! / Date " ~T_