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HomeMy WebLinkAboutBrd of Health 02/03/2000 , ,., ,../ of,,,";. !~ BOARD OF HEALTH FEBRUARY 3, 2000 MINUTES ,\ \ (.~.~ /'" 0\ '. (\ ~".",...\ , ;<""..\ ,-p Members Present: Phil Giangarra, Chairman, Ray Martin, Clerk, (arrived at 7:35 PM), Jim Leonard, Dave Jones and Michelle Madan Also Present: Health Agent, Scott Leite 1. CALL TO ORDER at 7:05 PM by Chairman Giangarra, Town Hall, 2nd floor. 2. CONSENT AGENDA a. Approval of Minutes of January 6, 2000 b. Approval of DWI Permits: Christian & Feck, Mansfield Custom Homes Building & Developing, Dedham MOTION: To approve Consent Agenda. Leonard/Jones. 4-0 PASSED r' 3. COMMUNICATIONS 1. ENSR letter to Health Agent, Jan. 31, 2000, re: Notice of RAM Activities, former ISPO Facility, Branch St. 2. Memo to all Board and Committee Chairmen, Notice of Chairmen's meeting on February 9,2000, @ 8:30PM with the Board of Selectmen. 3. HealthCare Options, Inc., December 1999 Services Rendered 4. December 1999 Monthly Activities Report for Tobacco Control. 4. VISITORS r At 7:15PM a public hearing for the proposed Floor Drain Regulation waS held. Present were the Town Manager, DPW Director and Water Superintendent. The adoption of the floor drain regulation is a mandate from the State and a requirement to permit the proposed Morrison well in West Mansfield that requireS an interbasin transfer permit. A contractor will be hired on April 1, 2000 to survey the properties in violation of the regulation, and he will work with these companies to bring them in compliance. The regulation encompasses the entire town: however, busineSses within the Zone n will be surveyed first for the protection of the public water supply. , . Page 2, Board of Health Minutes, February 3,2000 ') Member Madan asked what financial effect this reg will have on businesses. DPW Director responded that if they were not in compliance, there would be a financial impact, but that the contractor (Prism Company) will be considerate and the business will have three months to comply. New construction cannot put in floor drains. MOTION: To accept the Floor Drain Regulation with the following amendments, Section VI, effective date upon acceptance of the Board of Health and Section VI, A.1. 120 days to 180 days. LeonardI Jones. 4-0 PASSED The public hearings for the permitting of the Morrison Well are February 1m, February 29th and March 20th. This regulation will be submitted at the first hearing. (Member Martin arrived at this time.) At 8:00PM a hearing requested by the Town of Mansfield of the Board of Health order to reduce or modify their order dated September 15, 1999, re: the sound levels from the Town Hall air conditioner was held. Present for this hearing was Town Counsel and Town Manager. A court stenographer was present and in the audience was DPW Director and Michael Ahearn, DPW. '" Mr. Mangiaratti, Town Counsel, opened by saying that he hopes the two parties can reach a conSensus. The Town has been placed in a difficult position. Town admits that the air conditioner was defective to begin with, defects have been corrected, but it remains very loud. BOH directed the Town to bring the alc into compliance so as not to be a nuisance to the abuttors or neighborhood. Machinery was repaired, shields, cement block wall and insulation constructed. Bob Copeland, sound consultant, was hired, and the pure tone noise was eliminated and levels were brought down with the DEP guidelines through his recommendations. The Town waS allowed to operate the alc during regular business hours of the town hall. In August, 1999, complaints from direct abuttors, the Calhouns and Souzas, 38 Union St., were received. The BOH issued an order to the Town stating that the 01 c was a '"nuisance" and different standards were set. The Board directed the Town to reduce the db levels by six. Additional consulting occurred and it was questionable if the sound could be reduced further. The next step in sound mitigation would be to put a roof over the cement block wall, but Trone (manufacturer of a/c) thought that the roof might impede the operation of the a/c. Town Manager then sought money from town meeting in Fall of 1999, but that article was defeated. Legally, he has no authority to expend funds on the a/c. /J I l' .. ..... ""1'W (-- Page 3, Board of Health Minutes, February 3,2000 Mr. Mangiaratti, Town Counsel, said that the nuisance is objective and must be addressed with reasonableness. The bulk of the neighborhood does not find it objectionable. Although noise is annoying, a commonsense approach must be taken. Request is to rescind the order at this time, and the Town Manager will submit another article at the Special Town Meeting this Spring. Also noted is the fact that the abuttors can take the town to court. Town Counsel reported that there is a lawsuit against the architect. Questions about the specifics of the lawsuit will be addressed in executive session. Member Madan asked if the engineers who work for the town could make recommendations. Town Manager responded that they are not acoustical engineers. Member Martin suggested that both the town and BOH can sponsor the article, and that the Board revert back to the July order. Mr. D'Agostino, Town Manager, said that the town has spent $22,000 so far. ,r Member Leonard commented that more thought should be given to this issue and that the Board does not have to go back to the July order at this time. Health Agent agreed and recommended to wait. There is still time to think about a new order of operation. Abuttors Comments Tony Souza, 38 Union St.: The Town should not allow even one person to be negatively affected by the nO,ise from the al c. Quality of life should not be diminished. The noise is very loud on very hot days. Cannot enjoy backyard anymore. Ed Calhoun, 38 Union St.: He lives 65 feet away from a/c. He has had shingles virus and his wife has been treated for stress. Does not want the a/c running at night: it will sound even louder. Dorothy Souza, 38 Union St.: We have lived there for 45 years. We had not issued when Park Town was a school. -- Marguerite Souza, 38 Union St.: There is a new neighbor on S. Main St., abutting the town hall. He has not yet heard this noise. - Page 4, Board of Health Minutes, February 3,2000 ~ Town Manager responded that even though the unit has been improved, the town would continue to make improvements to find a comfortable solution of the residents at 38 Union. He can only do this with the approval of funding at town meeting. Town Manager responded that even though the unit has been improved, the town would continue to make improvements to find a comfortable solution of the residents at 38 Union. He can only do this with the approval of funding at town meeting. Chair closed the hearing at 8:50 PM and the following motion was made. MOTION: Revert to previous order of July 12, 1999, operation of a/c during normal business hours, pending BOH and town submitting article at special town meeting for funding a study of the air conditioner. Martin/Madan. 5-0 PASSED At this time, Karen Doucette, Program Director for Norton, Mansfield and Sharon Tobacco Control, presented the revised budget, $41,932, effective until June 20, 2000. Mrs. Doucette proposed additional hours (to f time) and salary, $4455.36, for Health Educator and a raise for Director, $2,276.48. Would like to hire an inspector for $5,241.60, clerical support, $1,056.00, and offer $8.00 per hours for the teens who do the compliance checks. Money should be released in a couple of weeks. Health Agent is requesting that his computer be upgraded. ') Also, Osco is the only business that did not'pass State compliance. MOTION: To approve the additional budget of $41,932, until June 30,2000, as presented by Program Director. 5. HEALTH AGENT'S REPORT (Taken after "Communications.) a. 517 Elm St. Housing Violations: Preliminary injunction taken out January 25, 2000, and Mr. Skene asked for an extension. Final hearing is set for February 29th. Last inspection showed rough plumbing done. There is one occupant at the address at this time. b. Stearns Hill Hercules Powder Co.Landfill/Easton Wells: Easton sent the well reports and no contaminants were discovered. Organic compounds were found. Mansfield will have one well tested by R.I. Analytical. Hercules Powder Co. will ~ " .. ..- ~ (' Page 5, Board of Health Minutes, February 3, 2000 r take care of any portion of the property's pollution that they caused. Anything caused by the Town will be the Town's responsibility. c. Troy, 171 Ware St.: System was to be installed by now, but cold weather is preventing it. Since Agent will be on vacation for two weeks, he had no problem with the delay. d. 29 Angell St. Housing Violations: Agent has been working with the landlord since November to resolve the housing violations. Unfortunately, during the cold snap, pipes burst. One and a half inches of ice in the hallway and stairs and in dirt floor cellar. Electricity turned off to prevent fire. Owner was supposed to bring in contract February 3rd to show intent to repair, but he did not. Therefore, a complaint will be filed in housing court tomorrow. e. Housing Workshop: Due to higher rents, tenants have become more particular with the conditions of their apartment. Therefore, more housing inspections have been requested, and more housing violations have been found. A workshop will be helpful for the Board to know the landlord's responsibility under the State law. f. Bently Porter Hazardous Waste Site, Foxboro: Did not have a chance to go to DEP to review the report. Will do otter vacation. g. Deed Restriction Form: Form was emailed to the members and there were no objections. h. Holiday Inn Restaurant: All the violations at the banquet line have been corrected to the satisfaction of the Agent. 6. OLD BUSINESS None presented. 7. NEW BUSINESS None presented. 8. ADJOURNMENT MOTION: To enter Executive SeSSion for the purpose of an update on litigation and to return to Open Session for the sole purpose of adjourning. Leonard/Martin. Roll Call Vote. 5-0 PASSED MOTION: To adjourn Open Session at 9:30 PM. ,- LeonardI Jones. 5-0 PASSED .... .,.. Page 6, Board of Health Mi nutes, February 3, 2000 'l I Respectfully submitted, Dianne Royle, Recording Secretary NEXT MEETING THURSDAY, MARCH 2,2000 2ND FLOOR, 7:00 P.M. ~ ~~...-~~~ J/2./" c} Date , j/ ,