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TOWN OF MILLIS
BOARD OF HEALTH
Minutes of Meeting March 16, 2015
A meeting of the Board of Health was held on Monday, March 16, 2015, at the Veterans Memorial Building, Room #213, Millis, Massachusetts. Present were Barbara Thissell, Director; Kathleen Lannon, Chairwoman; Bonnie Hilton and Brian Hoell, Board Members; and Vickie Philben, Administrative Assistant.
Also present: George Sgourakes, owner of 41 Bullard Lane, Alexander Stathas of 79 Ridge Street, and Traci and John Topalis, owners of 35 Bullard Lane representing the discussion of 41 Bullard Lane.
Police Chief Keith Edison, Jim Jackson and Kevin Witzell of CDR Maguire, William Murray from Places Associates, Inc., Tom Hevner of Sovereign Consulting, Inc., and Wayne Klocko, Chairman of Permanent Building Committee representing the Environmental Health Impact Report (EHIR) discussion of new Millis Police Station.
Ms. Hilton moved to open the Millis Board of Health meeting at 7:01 p.m.
It was seconded by Mr. Hoell.
Administrative Business:
Approval of Minutes:
February 26, 2015 – It was moved by Mr. Hoell and seconded by Mrs. Lannon approve the February 26, 2015 minutes. Mrs. Lannon, Ms. Hilton, and Mr. Hoell voted affirmative, 0 negative.
Nurse’s Report: The monthly report of the Public Health Nurse was reviewed.
New Business:
- Food Recalls – see attached.
- Food Inspections – Ms. Thissell summarized food establishment inspections completed since February 26, 2015:
- Twist Bakery on March 9, 2015.
- Dunkin’ Donuts on March 9, 2015.
- Temporary Food Event Permits:
- Student vs. Faculty Basketball Game on March 19, 2015.
- Septic Improvements – Ms. Thissell summarized ongoing septic system improvements and/or inspections completed since February 26, 2015:
- 3/16/15 - 174 Pleasant Street
- Septic System Applications Received:
- 3/16/15 – 37 Beech Street
- 3/16/15 – 41 Beech Street
- 3/16/15 – 45 Beech Street
- 3/16/15 – 49 Beech Street
- 3/16/15 – 33 Frontier Lane
- 84 Plain Street - ice dams
- Sportsman’s Lounge – dog on bar stool
- Several ice-related insurance claims received.
- Permits/Business Licenses:
- Roberts-Mitchell Funeral - issued
- Tangerini’s Spring Street Farm - issued
- Romans Hallmark – awaiting payment
- Applications for public pools will be mailed this week.
- Second written violation notifications were mailed via certified mail on March 12, 2015: Sportsman’s Lounge, Millis Collision, Steve’s Auto Parts and WKO Auto.
- Email from Millis Fire Chief – An email from Chief Barrett dated March 9, 2015 explained that a suspicious package had been found smoking on Daniels Street. Several residents were evacuated and used the EOC (Emergency Operations Center) as the package was being investigated by the State Police Bomb Squad. The package was determined to be non-threatening. Residents returned to their homes.
- Email from Town Nurse – An email dated March 16, 2015 from the Town Nurse was sent to the Board regarding flu vaccine prices from Sanofi Pasteur. Although it is the Town Nurse’s recommendation that quadrivalent vaccine be ordered for the Fall Flu Clinic, the Board decided that trivalent vaccine should be ordered as it is currently administered to hospital personnel and less costly. The Board further requested that the Nurse be instructed to research vaccine costs from at least two additional vaccine distributors prior to ordering.
The Board also directed the Director to research available Medical Waste Disposal Companies. Stericycle is currently collecting sharps from a kiosk located at the Fire Station. The Director will determine if a more cost effective company is available.
- Rabies Clinic – The Millis Rabies Clinic is scheduled for Saturday, April 11, 2015.
- Domesticated Fowl and Rabbit regulations – The Director and Chairwoman of the Board of Health met with Town Counsel, the Zoning Enforcement Officer, the Planning Board Chairman, and the Town Administrator to discuss a proposed Domesticated Fowl and Rabbit zoning by-law amendment. The bylaw would require certified mailing notification to the direct abutters. Town Counsel is finalizing the by-law language that will appear on the next Town Warrant.
- Facebook – Ms. Hilton would like to find out if the Board is allowed to have a Facebook page to post health related and educational issues. Ms. Hilton will contact the Town Administrator. The Board voiced support of her proposal.
- Public Pool – Public pool operators will be invited to the April 13, 2015 Board of Health meeting to discuss their applications and pool opening procedures. A letter will be mailed this week.
Scheduled Public Hearings & Discussions:
7:30 p.m. – Continuation of a discussion request from George Sgourakes, 41 Bullard Lane – Present were: George Sgourakes, owner of 41 Bullard Lane, Alexander Stathas of 79 Ridge Street, and Traci and John Topalis, owners of 35 Bullard Lane.
Mr. Sgourakes appeared before the Board of Health during its February 2015 hearing. During the February 2015 meeting, Mr. Sgourakes asked the Board to use its authority under the Nuisance Law to require that a neighbor’s fence be moved to provide a greater separation from the neighbor’s horses to the Sgourakes’ well. The February 2015 discussion had been continued to the March 2015 meeting.
Mr. Sgourakes requested that the Board of Health re-evaluate his request that the Board require the property owners of 35 Bullard Lane (Topalis) move their horse paddock fence. Mr. Sgourakes requested that Topalis be required to move their paddock fence to provide a 100-foot separation from their horse paddock to the Sgourakes’ well. The Topalis’ paddock fence is currently 88-feet from the Sgourakes’ well. This issue was evaluated and addressed at the time of Mr. Sgourakes’ initial request, in the summer of 2014.
Mr. Sgourakes asked the Board to determine that the location of the Topalis’ horse paddock within 100-feet of his well is a potential health risk under the Nuisance Law. Mr. Sgourakes further asked the Board to use the authority granted it by through the Nuisance Law to require that the Topalis’ fence be relocated to provide a 100-foot separation from the horse paddock to his well.
The Board discussed Mr. Sgourakes’ well contamination concern – referencing Massachusetts DEP private well guidelines. Mr. Sgourakes produced an unsigned, draft letter dated June 2014 from the previous Health Director which stated that the proximity of the neighbor’s horses to the Sgourakes well is a potential health risk. The Board stated that the unsigned, draft letter does not reflect the determination of the Board.
Since Mr. Sgourakes’ initial request, the private well servicing 35 Bullard Lane, which is located approximately 20-feet from the horse paddock was tested by the Topalis’ and found negative for animal waste related contaminants. Mr. Sgourakes indicated that there have been no animal waste related contaminants found in his well.
Also subsequent to Mr. Sgourakes’ initial request, the Board discovered during a recent site investigation that the Topalis have kept horses in the existing paddock location at Bullard Lane for at least eight years.
Based on these facts the Board determined that the property owners of 35 Bullard Lane meet all applicable Board of Health regulations. The Nuisance Law is not applicable.
The matter is closed.
8:00 p.m. – Discussion of new Millis Police Station, 1003 Main Street, Environmental Health Impact Report (EHIR) – Present were: Police Chief Keith Edison, Jim Jackson and Kevin Witzell of CDR Maguire, William Murray from Places Associates, Inc., Tom Hevner, LSP, of Sovereign Consulting, Inc., and Wayne Klocko, Chairman of Permanent Building Committee. The EHIR application was received for the new Millis Police Station on January 12, 2015. A revised stormwater report was received at the meeting. Demolition of the old library and construction of the new Millis Police Station is planned to begin in May 2015. Approvals from Zoning Board and Planning Board have been granted and a meeting is scheduled with the Conservation Commission.
Discussion included the four areas of interest for the EHIR: the ‘water supply’ is public; the ‘sewage disposal’ is public; a ‘drainage’ system will include roof galley systems and rain gardens for runoff from the site and will comply with the Massachusetts Stormwater Policy criteria; and ‘earth removal’ which will conform to EHIR criteria. There was much discussion about in-situ soil contamination due to the site’s prior uses. An RTN number (RTN #2-19431) has been assigned to the site. Mr. Hevner stated that approximately 140 cy. of contaminated soil removal is anticipated. A fence will be located around the demolition area and relocated around the construction area for safety.
The Director stated that she has been working with Mr. Jackson to resolve stormwater concerns. The Director questioned how groundwater dewatering would be handled, as it looks like significant dewatering will be necessary. Mr. Hevner stated that the method of controlling groundwater during construction has not been determined at the time. The Director strongly suggested that the method of controlling groundwater be determined prior to breaking ground. It was agreed to continue the discussion of the new Millis Police Station EHIR at the next Board of Health meeting on April 13, 2015.
Next Scheduled Meeting: Monday April 13, 2015 at 7:00 p.m.
At 9:15 p.m. Mr. Hoell moved to close the March 16, 2015 Board of Health meeting. Mrs. Lannon and Ms. Hilton seconded the motion. The Board voted unanimously to close the hearing, 3-0.
Respectfully Submitted,
Vickie L. Philben
Millis Board of Health
Administrative Assistant
Documents and Submittals of Meeting:
- March 11, 2015 letter from the Office of the Attorney General to Mr. Sgourakes stating that the Open Meeting Law complaint filed by Mr. Sgourakes is considered closed. The complaint was not filed within the required timeframe.
- Detailed Discussion/Order of Information Packet dated March 16, 2015
- Meeting attendance sheet dated March 16, 2015
- Food Recalls between February 26 to March 16, 2015
- Public Health Nursing Report February 25 to March 12, 2015
- March 11, 2015 letter from the Attorney General’s office to George Sgourakes
- March 9, 2015 email from Chief Barrett regarding the need to open the EOC.
- March 16, 2015 email from K D’Angelo, Town Nurse regarding flu vaccine purchase.
- EHIR from Places Associates, Inc. dated January 13, 2015.
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