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Home My WebLink AboutBrd of Health 03/01/2001 r r r BOARD OF HEALTH MARCH 1, 2001 MINUTES RECEIVED , TOWI'~ CL ERI{S OFf ICE o I HAY 25 AM II: 08 Members Present: Phil Giangarra, Chairman, Ray Martin, Clerk, Michell-f~~n:LD Also Present: Health Agent, Scott Leite MASSACHUSETTS 1. CALL TO ORDER at 7:12 PM by Chairman Giangarra, Town Hall, 2nd floor. 2. CONSENT AGENDA a. Approval of Minutes of February 1, 2001 b. Approval of Disposal Works Installers Permit for 2001: Pisano General Contracting Corp., Dedham MOTION: To approve Consent Agenda as sumbitted. Martin/Madan. 3-0 PASSED 3. COMMUNICA TrONS 1. Copy letter from Karen Doucette, Health Agent for Tobacco Control to all restaurateurs advising them that the environmental tobacco smoke regulation has been amended to prohibit smoking. 2. Letter from Carla Foley, La Donna Restaurant, rec'd Feb. 28,2001, requesting that the hearing for a variance from the tobacco smoking regulation be continued to the next BOH meeting. 3. Letter and questionnaire from Comprehensive Environmental, Inc., Feb. 15, 2001, for Health Agents, re: the new U.S. EPA Stormwater Regulations. 4. Copy letter to Easton residents from Kevin Paicos, Town Administrator for Easton, Feb. 12, 2001, re: Update for the Hercules Landfill in Mansfield. 5. Copy letter from DEP to Hercules, Inc., Feb. 22, 2001, re: Response to request to extend interim deadline/notice of noncompliance. Site is in violation of the Mass. Contingency Plan. 6. Copy letter from DEP to Motorola, Feb. 22, 2001, re: Notice of Inspection, hazardous waste and air quality classifications. 7. Copy letter from DEP to Charles Begley, 8 Shannon Lane, Feb. 20, 2001, re: Initial permit application, statement of administrative completeness. 8. HealthCare Options, Inc., January 2001 Report of Services. 9. NMS Tobacco Control Program, January 2001, Monthly Activities Report 10. Schedule of CVNA, Public Health Nurse, calling hours at the Town Hall. - ...-- .... Page 2, Board of Health Minutes, March 1, 2001 r 5. VISITORS Karen Doucette, Health Agent for Tobacco Control, presented information on variance c1Quses Qnd procedures for smoking regulQtions for two communities on Cape Cod. One had procedures Qnd one did not. Environmental Tobacco Smoke is Q health hazQrd, therefore, no variQnce is allowed, in the regulation of the community without the procedures. ApplicQnt hQS to explQin in explicit terms why the variance is needed. At 7:19 P.M. ChQirmQn GiangarrQ opened the hearing for Q vQriance from the Regulation Affecting Smoking Qnd the Sale, Vending and Distribution of Tobacco, for Peter Chan, MQnager of TQhana RestQurant. Also present was Lorenzo DiTomasso and Alan Dreyfus, contractors for the remodeling. Mr. Chan is Qsking that a variance be granted to Qllow smoking in the bQr Qrea, QS it now exists, until such time as the renovations proposed Are completed and meet the requirements of the regulation. Questions arOSe regarding eXQctly what Mr. ChQn's plan Qre. For eXQmple, where will walls be constructed, replace emergency door for existing door, extend the bar to incl!Jde a small areQ for eQting, separQte ventilQtion systems for the bar smoking Qrea Qnd the non-smoking eating area, and finally, prohibit children under 21 from entering the bar r Qrea (where PQrents sometimes WQit for Q tQble). At this time Mr. Chan did not fulfill the requirements of the Health Agent's letter dated February 7,2001. A signed contract WQS not prepared, plQns had not been developed Qnd Q closure dQte to mQke the bar Qrea conforming to the regulation had not been stQted. Required permits from the Mansfield Building Department must also be obtained. At 8:05 PM the Chairman continued the hearing to April 5th. Mr. Chan will then submit the necessary documents to fulfill the requirements of the Board. The vQriance could be extended if the necessQry plQns, permits and construction Qre not yet completed, but under construction. MOTION: Approve the variance as requested for thirty days. Martin/ MadQn. 3-0 Voted At 8:10 PM Chairman Giangarra opened the hearing for CQrla Foley, owner of La Donna Restaurant, for a variance from the RegulQtion Affecting Smoking and the Sale, Vending and Distribution of Tobacco. Mrs. Foley asked for a continuation of the hearing since the required plans are not yet prepared. Chairman continued the hearing until April 5th. r - r Page 3, Board of Health Minutes, March 1, 2001 5. HEALTH AGENT'S REPORT a. Hercules Dump Site, Stearns Ave: The Town Manager has an unwritten agreement from Hercules to share in the cost of remediation and any reports that are required by DEP. b. 60 Pine St.: Agent asked Member Madan if she was in favor of prosecuting Ms. Savini, as well as the installer. Member Madan replied in the negative. Therefore, the complaint in District Court will stand as written. The house is under agreement and the new owner will upgrade to a septic system, since he may consider an addition and other remodeling. c. Household Hazardous Waste Day: Proposals have been submitted and reviewed. Agent recommends Clean Venture as the contractor. Date is April ]fh at Tweeter Center from 9:00 AM to 3:00 PM. MOTION: To award Clean Venture, Framingham, the contract as recommended. Martin/Madan. 3-0 Voted r d. Model Reg for Body Art: The State has developed a model regulation for body Art (tatooing, body piercing and skin braiding). And the Mass. Association of Health Agents has also developed a model regulation. These two regs have distinct differences and areas of concern that could prompt litigation if the Board disapproves an application for body art for discriminatory reasons. Agent will review both, write a regulation, present it to the Board for comment and eventual approval. It is imperative to make this a priority in anticipation of a business coming to town. e. Beaver and Muscrat Trapping: Boards of Health have been empowered to trap beavers and muscrats because in the Western part of Massachusetts, there is a problem with flooding that affects septic systems and public health. 6. OLD BUSINESS Board will discuss the proposed regulation requiring toilet facilities when there is a full Board. Member Madan suggested that Tweeter manager be notified that this regulation will be considered and that it may affect the number of port-a-jons required at Tweeter's parking lots. r r r r-- , Page 4, Board of Health Minutes, March 1,2001 7. NEW BUSINESS None presented. 8. ADJOURNMENT MOTION: To adjoum at 8:25 PM. Martin/Madan. 3-0 Voted Respectfully submitted, Dianne Royle, Recording Secretary NEXT MEETING THURSDAY, APRIL 5, 2001, 2ND FLOOR, 7:00 P.M. ~/ tt!r!d/ Date . ~. -~ "'lI'" . ...- 1 ... _._