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HomeMy WebLinkAbout1997-01-16 Board of Health Minutes 1. E 'Afl BOARD OF HEALTH MINUTES JANUARY 16, 1997 Before the meeting was called to order a lengthy discussion ensued in reference to the local septic regulations which were recently revised by Ms. Starr. Mr. Osgood mentioned that it wouldn't be a bad idea just to have Title V and no local regulations. Ms. Starr disagreed and-said, "we need both Title V and Local Regulations". Mr. Osgood stated that having both local regulations and Title V is repetitious. Ms. Starr mentioned that she will review the newly revised regulations and delete any duplicates and return the revised regulations to the Board Members to review. Mr. Osgood called the meeting to order at 7:30 P.M. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member, John S. Rizza, D.M.D., Member, Susan Ford, Health Inspector, and Sandra Starr, Health Administrator. OTHER BUSINESS: Approval of Minutes - 12/12/97: On a motion by Dr, Rizza, seconded by Dr. MacMillan, the Board voted unanimously to approve the minutes of 12/12/97 as written. Approval of Minutes - 12/19/97: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to approve the minutes of 12/19/97 as written. VARIANCE REQUEST - 499 WINTER STREET - DEPTH TO GROUNDWATER - MERRIMACK ENGINEERING: Bill Dufrense from Merrimack Engineering did not appear, however, Ms. Starr briefed the Board Members on the variance request - depth to groundwater. Ms. Starr stated that the water table is located at elevation 144.8 and Mr. Dufresne is proposing the bottom of the system to be at elevation 147.8 which is exactly 3 feet. Ms. Starr recommended that the Board Members vote favorably on this variance. Page 2 Minutes: January 16, 1997 Ms. Starr and the Board Members reviewed the plan and the Board Members made the following vote: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variance request - 3 feet depth to groundwater for a repair at 499 Winter Street. DISCUSSION - SITE ASSIGNMENT - HOLT ROAD - MERRIMACK CARTAGE: Ms. Starr mentioned that Jeff Thompson called her to ask to come before the Board tonight because they are going to be required to do a site assignment. Mrs. Starr stated that she understands after talking with Bill Scott that Ken Kimball has been retained by the town to act on behalf of the Board of Health in this case also. Ms. Starr stated that she spoke to Bob Halpin and the way he wants this handle is to have Ken Kimmell, our attorney, meet with their attorneys before they meet with the Board of Health. Mr. Osgood stated that at some point in time they're going to have to tell us what they want to do. Ms. Starr believes that Attorney Kimmell is drafting a plan/scope of what Merrimack Cartage will be required to.do. Ms. Starr stated that Mr. Thompson asked about an application fee and Ms. Starr mentioned this to Attorney Kimmell and he told her a little about how an application fee is figured out. Ms. Starr stated that they take tonnage times some specific number. The application fee would be roughly around $24,000 and that amount for the application fee will cover the cost of the engineer/consultant that the BOH would hire. Ms. Starr stated that then there is a hearing fee which would take care of any legal fee and the actual hearing that we would have to have. Ms. Starr mentioned that the hearing is not like your general hearing, it is run like a trial where you hire a hearing officer who will handle everything, such as witnesses, etc. - it is very formal. The board would be limited to addressing specific criteria in the regulations for the site assignment. Ms. Starr stated that Attorney Kimmell also mentioned that before they get the site assignment they would have to have a DEP site suitability report. Ms. Starr stated that they will have to go to DEP and DEP would have to formulate a report about the site and its suitability for this particular activity. Ms. Starr stated that she received a letter which was addressed to Trudy Cox, Executive Officier, Environmental Affairs from Merrimack Cartage. Ms. Starr read the letter to the Board Members. Ms. Starr also added that an ENF was done and the Board was not copied. Ms. Starr read a letter in response to the ENF with her comments. Page 3 Minutes: January 16, 1997 Ms. Starr mentioned that Attorney Kimmell is going to handle this for the Board of Health. Mr. Osgood stated that this is going to be a long, drawn out process. Dr. MacMillan asked, "what about the site assignment for Wheelabrator?" Mr, Osgood stated that that is in process too. Mr. Osgood stated that a letter was sent to Wheelabrator requesting a site assignment but nothing has been done. Mr. Osgood stated that court action may take place, 1160 Salem Street - Letter- Discussion: Ms. Starr mentioned that the Hennessey's bank has $5,000 in escrow and the Board had agreed that the Hennessey's sign the notice of agreement that the Board of Health would give them a letter of subordination. Ms. Starr stated that she received an illegible fax from Attorney Maragliotta which is signed by the Hennesseys. Ms. Starr suggested to run this by Town Counsel. Mr. Osgood suggested to get a decent copy of the agreement first and then send it to Joel Bard, Esq. Dr. MacMillan stated that what they are saying is that they are agreeing to the restrictions that the Board of Health put on the deed and now they want their $5,000. Ms. Starr responded, "that is correct".. No action. The Board Members directed Ms. Starr to contact Town Counsel. Budget: Ms. Starr handed out copies of the budget and also the Division's budget that Mr. Scott put together. Ms. Starr stated that she presented the department's budget to the Selectmen and the Finance Committee at a meeting today. Ms. Starr told the Board Members that she was very proud to hear that each one of them contacted the Town Manager in reference to the need for increased hours for the nurse. Ms. Starr mentioned that while in the process of doing her budget and working things out she realized that she and Susan Ford are working at about 115% capacity with no sick days. Ms. Starr briefly discussed the different cases currently involving the nurse, i.e. meningitis, lice, TB. Ms. Starr stated that she stressed the urgency to have more hours for the nurse to the Finance Committee. Mr. Osgood stated that for the other Board Members information, Mr. Scott thought Ms. Starr did an excellent job on her departmental budget. Page 4 Minutes: January 16,1997 A general discussion ensued in reference to administering flu & pneumonia vaccines. Ms. Starr stated that the Finance Committee asked about the traffic study pertaining to Holt Road and the Board of Health and Mr. Halpin mentioned that it would be under the Board of Health but that the Police Department would be ticketing. However, perhaps more money neeeds to be budgeted for some civilian workers to sit in a car and survey the traffic but it would have to be budgeted. Ms. Starr stated that Mr. Halpin mentioned that he needed to speak with the Board of Health in reference to this matter. Mr. Osgood stated that there is no way that the Board of Health will ever have the man power to chase trucks down, No action taken. i Food Establishment Licenses - Instituting a Penalty Fee: Ms. Ford mentioned that twenty-five plus food establishments have not renewed their 1997 Food Establishment Licenses and at the present time are operating without a license. Ms. Ford stated that last week she spent four plus hours calling people who have not paid, delivering applications, and listening to people say that they paid and did not, such as Val's Sandwich Shop. MsJord stated that she has called him three times and he still does not have his license to operate for 1997. Dr. MacMillan asked, "when are they first notified?" Ms. Ford stated that the first letter with the application goes out November I" asking for a response before December 5"'. Ms. Ford suggested that the Board Members consider some type of late fee penalty for food establishments that do not renew by January 1St starting next year. Mr. Osgood agreed that that was a good idea. A brief discussion in reference to the late fee ensued. The Board Members agreed to issue a penalty fee for food establishments who do not renew by January I". The discussion regarding the amount for penalty fee will be discussed at a later time. Board of Health Legal Handbook: Ms. Starr made copies of the legal handbook for Boards of Health at the request of Mr. Osgood received at a recent seminar and handed them to each Board Member. Mr. Osgood stated that these books are from an organization that we belong to - the Associations of Boards of Health. Mr. Osgood Page 5 Minutes: January 16, 1997 stated that the handbook is a synopsis of the major legal authority that the Board of Health has, and suggested that the Board Members review the section dealing with site assignments since it is rather complicated. Noise Complaints: Ms. Starr mentioned that she recently received two noise complaints from DEP on facilities located at Flagship Drive; 1) Central Metal Finishing, 80 Flagship Drive and 2) Pharm-eco Laboratories. Ms. Starr stated that she wrote both companies a letter which is in their packet. Ms. Starr stated that she basically did what DEP suggested ordered them to get a contractor or fix it. E-Mail Guideline: Ms. Starr stated that she enclosed in their packets an e-mail guideline and suggested that they watch what they e-mail. ADJOURNMENT: On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to adjourn... John S. Rizza, Clerk