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HomeMy WebLinkAboutBrd of Health 01/06/2000 J ;) r BOARD OF HEALTH JANUARY 6, 2000 MJ:NUTES ~:L Members Present: Jim Leonard, Dave Jones, Ray Martin, Phil Giangarra, <:.~l and Michelle Madan Also Present: Health Agent, Scott Leite (.) u~ ,.,.~) \', ~ 1. CALL TO ORDER at 7:00 PM by Chairman Leonard,Town Hall, 2nd Floor. 2. REORGANIZATION Member Martin asked the Board if they would agree to rotate the Chairman and Clerk's positions since it is beneficial for a member to work closer with the Health Agent. There is more involvement with the on-goingS of the Health Department when you are the Chairman. Jim Leonard nominated Phil Giangarra for Chairman. Ray Martin second. Board voted unanimously for Mr. Giangarra for Chairman. r Jim Leonard nominated Ray Martin for Clerk. Dave Jones second. Board voted unanimously for Ray Martin for Clerk. Member Martin thanked Member Leonard for his service as Chairman. Gavel passed to Member Giangarra. 3. CONSENT AGENDA r- a. Approval of Minutes of December 2, 1999 b. Approval of DWI Permits: Joseph Gonsalves, Mansfield The Rondo Co., Inc., Mansfield U.S. General Contractors, Mansfield Bodio Builders, Inc., N. Easton Dick Shufelt Septic Maintenance, Inc., Walpole BarrowS Contracting, Mansfield Claude Dubord & Son, Inc., Bridgewater Bertarelli Bros., Brockton Riccio Builders, Mansfield DeJ onco Construction, Mansfield A.T.W., Inc., Sharon Page 2, Board of Health Minutes, January 6, 2000 M. Pacella Excavating, Foxboro .J..J.O'Brien & Sons, Inc., Waltham Parker Sanitary Pumping, Wrentham Grant Bros. Assoc., Mansfield Antonino Caponigro, Mansfield Dana White, Mansfield Medeiros Construction, Inc., Norton Hicks Construction, Norton John Allen Rego, N. Easton Ralph Excavating, N. Attleboro A.L. Willis Co., Inc., Mansfield Endriunas Bros., Inc., Easton Ferrara Construction Corp., Norton J.E. Case, Inc., No. Attleboro Guild Construction Co., Mansfield P.A. Yonker Contracting, S. Walpole Aardvark Pumping, Walpole Peter DeGirolamo & Sons, Inc., Mansfield Plainville Pump & Excavating, Inc., Plainville Dick Morse Excavating, Sharon Brunelle Contracting Co., Mansfield Bruce Scott Co., Walpole Abreau Bros. Trucking, Inc., Berkley Timothy Mello Excavating, Chart ley Franklin Sanitation Service, Inc., Wrentham Creative Homes, Inc., N. Easton D. Berndt Sanitation & Excavation, Attleboro Chavaree & Associates, Mansfield Ginos Excavating, E. Walpole J.D. Orlando Contracting, Foxboro Dezotell Excavating Co., N. Attleboro William Moreshead, Jr., Mansfield P. Beatty Excavation, Inc., Mansfield Swanson Contracting, Inc., Walpole Brookdale Corporation, Mansfield REBCO, Inc., S. Walpole G. Horne Pumping, Mansfield Prosser General Contracting, Norton OMO Construction, Inc., Norton ') ,. / ~ , , . .1.- ..... r , Page 3, Board of Health Minutes, .January 6, 2000 r N.G. Loring, Inc., Wrentham Soares Enterprises, Inc., Taunton Pisano General Contracting Corp., Dedham Hurley Services, Inc., N. Easton Advanced Environmental Excavation, Taunton S.L. Benoit, Sandwich c. Approval of Haulers Permits: Waste Management of R.I., Cranston, RI (5 trucks) B-P Trucking, Inc., Ashland (1 truck) Browning Ferris Industries, Fall River (2 trucks) N.E. Ecological Development, Johnston, RI (6 trucks) d. Approval of Septage Pumpers Permits: Dana A. Nash & Son, Abington Bently Porter Co., Foxboro Podgurski Corporation, Canton Parker Sanitation Pumping, Wrentham Hurley Services, Inc., N. Easton RAGGS Septic Service, Inc. Aardvark Sanitation, Walpole Claude Dubord & Son, Inc. Glennon Pumping Co., S. Attleboro Soares Sanitation Pumping, Inc., Taunton Croome Bros. Sanitation, Inc., Rehoboth G. Horne Pumping, Mansfield L&R Sanitation, Norton Larry Brooks Septic, Wrentham Eveready Pumping Service, S. Easton Bruce Scott Co., Div. Abate Waste, Inc., Walpole L. Dumont Pumping Service, Norton Bay State Sewage Disposal, Inc., Lakeville Dick Shufelt Septic Maintenance, Inc., Walpole Franklin Sanitation Service, Inc., Wrentham Handy House, Inc., Foxboro All Season Septic Service, Foxboro Waste Associates, Inc., N. Eastham U.S. Liquids - Northeast, Carver e. Approval of Campground Permit: Canoe River Campground, Mill St. "....- Page 4, Board of Health Minutes, January 6, 2000 MOTION: To approve Consent Agenda. Leonard/Martin. 4-1-0 PASSED Madan abstained since this is her first meeting. *Member 4. COMMUNICATIONS 1. DEP letter to Elizabeth Giordani, Sharon, Dec. 13, 1999, re: Notice of Responsibility for oil and hazardous material release at 297-301 N. Main St. 2. DEP letter to Vam Realty Trust, Mansfield, Dec. 13, 1999, re: Notice of Responsibility for oil and hazardous material release at 241 Francis Ave. 3. DEP letter to Grant Ware Realty Trust, Mansfield, Dec. 13, 1999, Re: Notice of Responsibility for oil and hazardous material release at 440 Ware St. 4. DEP letter to Town Engineer, town of Mansfield, Dec. 14, 1999, re: 500 East St., (highway garage) release of oil and/or hazardous material. 5. DEP letter to the Robert Allen Group, Mansfield, Dec. 8, 1999, re: Notice of Inspection, no violations observed relative to the Mass. Air Quality regs, Industrial Wastewater regs or the Toxic Use Reduction Act. 6. DEP letter to The Richardson Trident Co., Mansfield, Dec. 29, 1999, re: Notice of Inspection, no observed violations. 7. DEP letter to Cape Cod Lumber Co., Dec. 7, 1999, re: Notice of Inspection, no violations observed. 8. IT Corporation, October and November 1999 NPDES Permit exclusion monthly discharge monitoring report for the former Gorham Silver Co. 9. Rabies Summary Report, November 1999 10. HealthCare Options, Inc., Health Promotion Clinics for 2000 11. HealthCare Options, Inc., November 1999 Services Rendered 12. Memos from Tobacco Control, Dec. 29, 1999, re: Youth access to tobacco compliance checks in Mansfield and Norton. 13. Letters to local businesses re: tobacco compliance check, Dec. 30, 1999, from Karen Doucette 14. November 1999 Monthly Activities Report for Tobacco Control. 15. Copy of letter to Michelle Madan, J an, 4, 2000, from Chairwoman Board of Selectmen, confirming her appointment to BOH. 16. Letter from Town Counsel, Jan. 4, 2000, re: hearing on behalf of town of Mansfield re: Board's order to further reduce sound levels of air conditioner at town hall. (Hearing scheduled for 7:30PM on Thursday, Feb. 3, 2000.) ,'") !~ ~/ p r Page 5, Board of Health Minutes , January 6, 2000 \ 5. VISITORS Scheduled was Kurt Gaffney, Water Operations Manager to discuss the proposed Floor Drain Regulation. He was unable to attend, so Health Agent explained why the town must have one. In order for the town to permit the proposed Morrison Well, the town must have in place a Floor Drain Regulation. Unfortunately, time is against the town to approve it as a bylaw at the annual town meeting in spring of 2000; therefore, the BOH has been asked to adopt the reg since town meeting approval is not required. A consultant will be hired to enforce the reg., because every industrial business must be examined to enSUre that if they have a floor drain, it is done properly in compliance with the reg. The Water Dept. will pay for the consultant. A floor drain is a drain in a garage to catch anything that goes down the drain, Le., gas, oil, water, etc. Agent gave copies to each member for their review. A public hearing will be held. r' 5. HEALTH AGENT'S REPORT a. 135 Church St.Volations: Agent went to court again with Mr. DiGioia. Judge, due to his frustration with Mr. DiGioia, finally asked him if he understood English. Agent made an inspection of the house and brought a Police Officer with him. The last item remaining are Screens on windows, but due to it being winter, they can wait till spring. Agent dismissed case. Now, Mr. DiGioia has creating a room house, and that is not allowed in this residential zone, so the Zoning Enforcement Officer is handling this issue. The house is for sale. b. 517 Elm St. Violations: Hearing was December 28th. December 2rh new septic system, roof, bathrooms were replaced. Agent went for continuance. Dept. of Mental Retardation has not yet issued their report. c. Stearns Hill Hercules Powder Co.Landfill/Easton Wells: All wells in Easton are free from contaminants. There has been no response from Hercules Powder Co., New Jersey. Town of Easton will be sending copies of the water reports for our files. d. 171 Ware St.: The nitrogen removal system was designed too large, so there has been a delay with the installation. This delay did save Mrs. Troy about $30,000 (size of removal system). DEP has to approved this tank and then all systems are a go. - . .1.- Page 6, Board of Health Minutes, January 6, 2000 e. Town Hall Air Conditioner: Town Counsel has requested a hearing on the Board's order for the lowering of the decibel level for the A/C at the Town Hall. He will be asking for a level of reasonableness. Town Meeting article failed: therefore, have no idea where the money will come from to mediate the sound. Notices will be sent to all neighbors who signed the original petition and the hearing is schedule of next meeting, Feb. 3rd. f. Tobaec:o Control Controc:t: Karen Doucette, Tobacco Control Coordinator, presented this portion of the meeting. She had good news and bad news! Good news is that the Commonwealth has appropriated $42,000 to the NMS Tobacco Control Program for the remainder of this fiscal year. The money is coming from the tobacco settlement, which is a 20-year payment settlement. Detail are unknown: Mrs. Doucette will be attending a meeting tomorrow and will learn exactly what she can spend the money on and for how many years will it be coming. n '" / The bad news is that after five hours of doing compliance checks, Mansfield had five violations and Norton had five. Second violation for Town News. Mrs. Doucette is recommending to the Board that the fines be increased and that no warning be given. Regulation must be amended and hearing held. Eight stores in Mansfield foiled at the Federollevel. Agent feels that suspension is the IIlOSt ., effective. The fine is a non-criminal diSPOSition, which can be appealed in Court. Some storeowners charge the employee who violates the law the cost of the fine. If the license to sell tobacco was pulled, the tobacco products would have to be inventoried and embargoed. If further violated, then criminal action could be taken. Agent would like to write to the State, who evaluated all tobacco control programs, because there was no notice that evaluations were being conducted. Mrs. Doucette scored very high, except for one criticism about our regulations that are not stringent enough as far as restaurants are concerned. They also did not like the sticker on restaurant doors. Mrs. Doucette is also asking permission to pay the kids who do the compliance checks because it is difficult to find kids to volunteer. For one day of compliance checks is cost approximately $80. g. Bently Porter Hazordous Waste Site, Fc>>cboro: Agent will be going to DEP to review this report. Town of Foxboro, Health Dept. did not have a copy. Heirs of Bently Porter ore selling 0 portion of this property for 0 subdivision to help pay , for the cleanup. . II. . . (' Page 7, Board of Health Minutes, January 6, 2000 h. Deed Restriction Form: Agent presented draft of the deed restriction for domestic auxiliary wells that require a variance from Well Regulation. Board made revisions. Agent will fax to Attorney Joe Hannon to approve and execute. MOTION: To approve deed restriction as revised. Martin/Jones. 5-0 PASSED r i. Household Hazardous Waste 2000: Warrant closes February 1, 2000. $15,987 remains in budget. Board agreed to hold two half-day events, one in Spring and one in Fall at the Tweeter Center and to asked for $8,000. j. Abandoned Vehicles By-Law: Regulation was transferred to the Police Department a number of years ago. Unfortunately, it is not being enforced and there have been complaints from residents about junk cars in neighbor's yards. Agent' will rewrite to also include disassembled cars, car parts, rubble, scrap, building materials, etc. The owner of this "junk- will have to declare that it has value and if it has value, then he could be considered a "junk dealer-, which requires a license from the Board of Selectmen. This new regulation could benefit residents who complain about excessive junk and abandoned cars in their neighbors' yards. Member Martin suggested gathering regs from other towns. Agent will draft reg for Board's review. Hearing will be held for adoption. k. Change in Food Establishment Regs: U.S. Public Health Service will put together a new food establishment code, 500 pages, more extensive, easier to administer. Draft is being reviewed now. State may do away with theirs and adopt the Federal code, or adopt the Federal code with exceptions. It would be easier to enforce if both were consistent and more streamline. I. Holiday Inn Restaurant: Roof was leaking and splashes onto dishes and into food preparation area. Agent ordered a physical barrier to prevent any further contamination. 7. OLD BUSINESS None presented 8. NEW BUSINESS a. Appointment of Burial Agent: Larry Jackson no longer was to be the Burial Agent. - MOTION: To appoint Helen Christian, Town Clerk, as Burial Agent. Madan/Martin. 5-0 PASSES . .... , . Page 8, Board of Health Minutes, January 6, 2000 ~ I t) b. Approval for Member Jones to cover for Health Agent: David Jones, who no longer hold a Disposal Works Installer'S Permit with the town of Mansfield, has offered to cover for the Health Agent when he's on vacation. , " MOTION: To approve David Jones to cover for Scott Leite when he on vacation and/or when necessary. Martin/Leonard. 5-0 PASSES 9. ADJOURNMENT MOTION: To adjourn at 8:35 PM. Leonard/Jones. 5-0 PASSES Respectfully submitted, Dianne Royle, Recording Secretary J NEXT MEETING THURSDAY, FERUARY 3,2000 2ND FLOOR, 7:00 P.M. c:::...----~ ,,~ 2. (J ( tJ d Clerk Date n