Town of Concord Board of Health. Minutes of the Meeting Tuesday, April 8, 2014

Transcription

1 Town of Concord Board of Health Minutes of the Meeting Tuesday, April 8, 2014 PRESENT: Jack Bergman, Chairman David Erickson JoAnn DiNardo Kerry Diskin Dr. Alan Woodward Susan G. Rask, Public Health Director Karen M. Byrne, Administrative Assistant OTHERS: John Boynton, David Fisher, Concord Carlisle at Play & Eric Reis, Gale Associates; Ara Afkandalian, Herb Staniszewski, KW Hotel Corp (Best Western), 740 Elm Street 1. The meeting opened at 7:00 p.m. 2. Presentation Site Plan Review CCHS Athletic Fields The Board of Health heard a presentation from David Fisher and John Boynton President, Concord Carlisle at Plat and Eric Reis, Gale Associates (contractor for the playing fields) prior to their meeting before the Concord Board of Appeals for a Special Permit and Site Plan Review to renovate the existing play field sports facilities at Concord Carlisle High School. Because the project is located within the Groundwater Conservancy District the applicant is required to present a plan to the Board of Health and it is required to review and submit written comments to the ZBA via the Planning Board. The applicants requested that the Board approve the proposed plan and provide comments to the Planning Board by its scheduled meeting (4/16/14). Following a lengthy review and discussion of the materials from the applicant, Board members reviewed a memorandum drafted to the Planning Board by PHD Rask outlining her recommendations 1 for conditions to the ZBA that were contingent upon the applicants providing information prior to the Board of Health meeting, including but not limited to laboratory analysis of the synthetic turf materials and a hazardous materials management plan. That would have given her and the Board an opportunity to review and comment at this meeting she expressed frustration that had not been done. Board members considered postponing approval until the May meeting until staff had an opportunity to review. Mr. Boynton apologized for not having the materials ahead of time but asked the Board if it would consider approval contingent upon those items being provided to the Public Health Director by the end of the week for her review. Also noted was the construction-schedule that CC@Play hoped to adhere to; he was slated to begin as soon as the approval was granted (with hopes to have certain fields ready for use by the start of the school in the fall). Mr. Boynton said any delay in the permitting process would disrupt that schedule. Dr. Woodward stated that he would not object to that type of approval if other members and the Public Health Director were comfortable with that option. After further discussion, Dr. Woodward moved to GRANT 1 Memo dated 4/1/14 PHD Rask to Planning Board CC@Play Special Permit GWCD 1 BOH Minutes 4/8/14

2 provisional approval contingent upon the applicant submitting the following information no later than April 11, 2014 to the Public Health Director and that the information sufficiently meets the conditions outlined by Ms. Rask in her draft memorandum to Planning (dated 4/1/14): List of all chemicals, pesticides, herbicides, fertilizers, fuels and other potentially hazardous materials that are used or stored on site (current and proposed storage location) o A Hazardous Materials Management Plan: including, but not limited to: provisions to protect against the discharge of hazardous materials including spill containment and cleanup procedures. Specifications for Synthetic Field Surface (Phase 2 Construction)- to be provided by Gale Associates Water testing protocols from comparable communities where synthetic fields were installed Order of Conditions was issued because the field was located in a similar water conservancy district (GWCD). o Concord BOH approvals will require that water testing adhere to Massachusetts Department of Environmental Protection s ambient Water Quality Criteria. Kerry Diskin seconded it. All VOTED in favor. 3. Food Establishment Request for Temporary Food Service Permit Best Western, 740 Elm Street (Background) At the March 18 th meeting, the Board met with Best Western representatives Beth Sheldon (current manager) and Attorney Susan Hall Mygatt as it related to an unlicensed food service operation at this facility. The Board VOTED unanimously to rescind a Cease & Desist Order 2 subsequently issuing a 30 day license to Boston s Best Café and Catering for breakfast service at the motel contingent that all food be prepared at the caterer s licensed base of operations with a limited menu. At that same meeting, PHD Rask advised the Board that licenses/permits for Food Service Establishments were not transferable and that past policy had always been that previous waivers and/or non-compliant facilities must be brought into full compliance prior to new licenses being issued by staff. Review & Discussion KW Hotel Corporation (new owners as of 4/16/14), represented by Herbert Staniszewski, Executive Vice President and Ara Afkandalian President met with the Board to request a License to Operate a Temporary Food Establishment at the Best Western with a limited menu until such time that a fully compliant kitchen facility can be constructed at 740 Elm Street. Mr. Afkandalian advised the Board that plans and application for the newly designed kitchen were in the process of being finalized and would be submitted to the Health Department for review by the end of the week. It was his hope that once Public Health Inspector Gabrielle White had an opportunity to review and approve the plans construction could commence shortly thereafter with a goal to have the kitchen completely finished by the end of June. In the interim, Mr. Staniszewski requested that the Board issue KW Hotel Corporation a license to Operate a Temporary Food Establishment. PHD Rask advised the Board that Temporary Food Establishment licenses could only be issued by staff for a period of 15 days or less. 2 Cease & Desist Order dated 2/21/14 2 BOH Minutes 4/8/14

3 After a brief discussion, Dr. Woodward moved to GRANT the license to Operate a Temporary Food Establishment to serve a continental breakfast with a limited menu (as approved by Health Department staff) at the Best Western Hotel. Kerry Diskin seconded it. All VOTED in favor. The Board authorized Health Department staff to reissue the permit with this limited menu every 14 days for the time period of April 17, 2014 through September 1, The applicants were advised that periodic inspections would be conducted during that time period as well to ensure compliance. 4. Discussion Special Town Meeting Warrant Article The Board reviewed draft materials for the upcoming Special Town Meeting (May 8, 2014) To Amend or Repeal the Sale of Tobacco to Minors Bylaw as follows: Article 4: To determine whether the Town of Concord will vote to amend the bylaw known as Sale of Tobacco to Minors Bylaw to raise the minimum age to 21 years for the lawful sale of tobacco, or to repeal the bylaw in its entirety, or take any action relative thereto PHD Rask recommended that the Board hold an additional meeting prior to Town Meeting to vote to finalize the language in its proposed draft Sale of Tobacco Products and Nicotine Delivery Products. She felt this was necessary before the Board publicized the proposed regulation changes at Town Meeting. Staff reiterated that this meeting was not the public hearing on the regulation that would be held at a later date. Board members agreed and decided to hold a special meeting on April 17, 2014 at 7:30 am. Ms. Rask also reviewed a summary she prepared outlining the major provisions in the existing bylaw, Board Regulations and the proposed revisions that she felt would be helpful as a handout to Town Meeting participants. After further discussion, consensus was to continue discussion of Town Meeting materials to the April 17 th meeting. Dr. Woodward and PHD Rask would prepare the first-draft Power Point slides for the Board to review and revise prior to presentation at the special joint public hearing of the BOS, Planning Board, and FinCom (4/28/14) for Special Town Meeting Warrant Articles. All materials (slides, handouts) to be presented to the Town Moderator for Town Meeting will be discussed at the 4/17/14 meeting. 5. Discussion (continued) 2229 Main Street Review Letter from BOH to BOS Request for financial support to hire independent consultant to review Phase 2 exterior remediation work plans at site. At the March meeting, Deborah Farnsworth, Board of Health designee to 2229 Main Street Oversight Committee met with the Board to update it on recent activities relating to the remediation at the former NMI/Starmet site. Of particular concern to the committee and Ms. Farnsworth was a fire that occurred in one of the buildings undergoing cleanup. It appears a subcontractor of de Maximus (Primary Remediation Contractor) did not follow proper protocol or follow the prescribed work plan for cleaning ducts filled with uranium powder. Of further concern was that there was no oversight by de Maximus personnel. Therefore, she strongly recommended that the Board of Health request that Town Leadership (BOS/Town Manager) hire an independent consultant to provide guidance on the Phase 2 (site) exterior work plans. A letter dated 3/31/14 was sent to the Board of Selectmen. 3 Chairman Jack Bergman advised the Board that this matter was originally slated to be discussed with the Selectmen at a recent meeting, but after further consideration and discussion with PHD Rask it was decided to postpone until she, Deborah Farnsworth and Gary Hunt (potential consultant to review air monitoring plan) 3 Letter dated 3/31/14 to BOS 3 BOH Minutes 4/8/14

4 attended the next EPA Technical Meeting which will be held onsite (2229 Main Street) April 9, After which, a draft letter will be written to EPA outlining the Board s concerns and Mr. Hunt will have had an opportunity to review the Phase 2 plan and provide staff with a cost estimate for outside consulting services which can be relayed in better detail to the BOS and Town Manager. Following that meeting, PHD Rask and Ms. Farnsworth will draft a letter to the EPA outlining the Board s specific requests that all abatement and decommissioning of the former NMI site take place with sufficient air monitoring and without impact to the public health/environment of the Town of Concord. She will have the letter prepared for the April 17 th meeting for review. 6. Chairman & Board Member Reports There were no specific reports from the Chair or BOH members other than to assign Town Meeting duties as it related to preparation and presentation at Town Meeting. Dave Erickson and Susan Rask will attend the joint public hearing with Board of Selectmen and Finance Committee on 4/28/14, and Dr. Woodward & Jack Bergman will make the presentation at Town Meeting on May 5 th. 5. Staff Reports PHD Rask provided the Board with an request from resident Shelley Morrs, 50 Manual Drive to appear before the BOH at its May meeting to discuss her concerns as it relates fluoridation of town water. Ms. Morrs drafted an article that she may submit to the Concord Journal at a later date but requested that staff provide a copy of it to Board members for review. 6. Board Calendar & Minutes The Board rescheduled its June meeting to Monday, June 23, The Board reviewed the minutes from the March 18, 2014 meeting. Kerry Diskin moved to approve the minutes as submitted. Dave Erickson seconded it. All VOTED in favor. 7. Septic Betterment Loan Program The Board approved a preliminary lien for 29 Assabet Avenue ($30,000) at the March 18 th meeting. However, due to unforeseen complications between the owners of the property, they have chosen not to move forward with this financial assistance. The replacement of the onsite sewage disposal system continues to move forward and will be replaced accordingly. In keeping with protocol of the program and to maintain proper records, Administrative Assistant Karen Byrne requested that the Board vote to rescind the authorization. Kerry Diskin moved that the Board of Health RESCIND its authorization of the initial betterment lien assessment of $30,000 for 29 Assabet Avenue; such order to be forwarded to the Town Collector. David Erickson seconded it. All VOTED in favor. The meeting adjourned at approximately 9:45 p.m. 4 BOH Minutes 4/8/14

5 Board of Health Signature Page April 8, 2014 Respectfully submitted by, Karen M. O Keefe-Byrne, Administrative Assistant Concord Board of Health Jack Bergman, Chairman _ Dr. Alan Woodward Kerry Diskin David Erickson JoAnn DiNardo 5 BOH Minutes 4/8/14