Public
Meeting
July 23, 2009
Grace Gouveia – Room 10
5:00 p.m.
Members Present: Jerry
Anathan (left - 6:10p), Duane Gregory,
Ken Janson, John Livingstone, and Mark Phillips.
Members Absent:
none
Staff: Brian Carlson Health Inspector
Jane Evans Health
Agent
David Gardner (arr. 5:10p) Ass’t Town Manager
Others: David
Bedard, Michael Leger, Roger Lookingbill,
Jay Murphy, Johnny Pak, Laura Rood, Pru Sowers,
and several of Johnny Pak’s employees.
The meeting was called to order at 5:00 p.m.
Public Comments
There were none.
New Business
149 Commercial Street
Request for additional
extension
J. Lester Murphy, the
attorney for Johnny Pak, presented the case.
Mr. Murphy passed out copies of a plan for installing a grease trap for
the restaurant. He also presented six
letters of support. Because of the BoH’s
ruling he said that Mr. Pak would have to shut the restaurant down by August 10th. A 4 week extension of the ruling was
requested. Mr. Pak claimed that he
thought everything had been installed when the restaurant was hooked up to the
sewer and didn’t realize that the property didn’t have a grease trap. Mr. Pak has engaged Wm. Rogers, II to oversee
all the survey work of the grease trap installation. The right of way is located on the condo
property and basically the restaurant sits on its own property – period. J.
continued by saying that everything that will be done will have to be done on
the condo property. Mr. Rogers also
anticipates that it will probably require a few variances from this board. Mr. Pak takes this very seriously but the
bottom line is that it can’t be done by August 10th. If he is denied this extension it means that
he would lose about 1/3 of his income; he has 9 employees that he’d have to lay
off.
In discussions with the attorney
for the condo association, the condo owners want this work done in the off
season since it would be disruptive to the condo owners during the high season. Mr. Pak will be closed for the season in
another month and he really is serious about installing this grease trap.
Jane Evans, the health agent,
said that 4 weeks in the grand scheme of things is not a long time. and we neither
want to put him out of business nor want to be punitive to the condo
owners. She would recommend allowing
the 4 week extension; our people have been checking it out regularly to make
sure that there is no grease. The health
agent would suggest having it looked at weekly.
Laura Rood, one of the
affected Sandbar Association condo owners, said that she doesn’t want to put
Mr. Pak out of business. She said she
has asked twice for a proposal/plan and has received nothing. She also asked that the back of the property
of the restaurant be cleaned of debris.
Johnny Pak when asked about
the food served by the restaurant said that he serves very healthy food, i.e.,
sushi, steamed food, etc. which doesn’t produce grease.
Motion: Move to grant Mr. Pak an extension until
September 15th, 2009 with the understanding that the annual license
WILL NOT BE RENEWED and the restaurant will stay closed until the grease trap
has been installed. The sewer holding
tank for the restaurant - during the time extension - will be monitored on a
weekly basis.
Motion: Duane Gregory Seconded: Jerry Anathan Vote: 5-0-0.
Review and Revise Local Board of Health Regulations:
Part VI Sanitation
Collection – Articles 3 through 10.
Sandy Turner attended the
meeting in order to get the information correct in regard to the landfill hours
and dumping regulations.
Michael Leger, chair of the
Recycling Committee, attended the meeting and wanted to take exception to the
rule stating that residents can put out 2 barrels and ONLY 1 recycling
bin. He wanted no limits on recycling bins. Sandy Turner did not agree.
After a bit more of
discussion, it was decided that David Gardner, Brian Carlson, Sandy Turner, and
Michael Leger will go over the regulations - line by line - and then present
the changes to the BoH at a future meeting.
It was agreed.
Approval of Minutes
Motion: Move to approve the minutes of the July 9th
BoH meeting.
Motion: Jerry Anathan Seconded: Mark Phillips Vote: 5-0-0.
Motion: Move to approve the minutes of the July 6th
combined meeting between the BoH and the BoS.
Motion: Jerry Anathan Seconded: John Livingstone Vote: 5-0-0.
Any other business that shall properly
come before the Board
John Livingstone will go before the Board of Selectmen (BoS) on
Monday, July 27th to present his two health protection
recommendations regarding both the risk of human infections from dog excrement
on town beaches, as well as his hearing protection recommendation. John will be put on the next BoH agenda to
report back to the BoH.
Ken Janson attended a recent meeting of the BoS which was held
as a follow-up to the July 4th sewer spill. There will be 4 different groups of people
trying to prevent it from ever happening again.
Ken wondered aloud that if it were a foreign object – who is liable?
Jane Evans said the study is now dealing with design flaws. Thus far 6 people have filed claims and there
were all under $1K. The Town, Metcalf
& Eddy, and Woodard & Curran are the 3 sets of investigators. We haven’t had any further problems but we’re
on the alert for Carnival Week and we’re going over to the facility to make
sure that they have enough bleach on hand.
All staff members will be on call.
It is projected that for phase 3 the grinder pumps will be removed
from the east end of town and they will
all be put on the gravity section. There
was recently a meeting held for phase 3 which would include Beach Point. About 40 people came to the meeting and they
all had difficult questions that needed to be answered. The response was positive – especially in the
Beach Point area.
John Livingstone wondered when Water and Sewer will have a map of the proposal.
202B Bradford Street
Duane Gregory – recapping –
said that the BoH made a motion at the June 25th meeting and we were
awaiting an O.K. from the town counsel. He
said that we did have the authority to move forward with the motion as written.
Subsequent to our motion, Mr.
Donovan engaged an attorney who proceeded to ask for a reconsideration of the
motion made at the June 25th meeting citing that Mr. Donovan, the owner
of the property, was denied due process.
David Gardner said that once again
we made it clear to the attorney, Mr. Teitlebaum, that we couldn’t intercede in
the decision of the BoH. The attorney
had an idea that he would like to present to the BoH; that maybe the property
owner could be fined and that was the extent of the meeting. We have put the reconsideration on for the
next meeting.
Ken Janson noted that Mr.
Donovan had 14 days to act on this and we are way over when he should have
acted on it.
At this point Jerry Anathan
who hadn’t sat on the original case left at 6:10 p.m.
Mark Phillips said that he
agrees with Duane and he thinks that the integrity of the BoH has to be upheld
and the BoH has been quite consistent with their actions. There is a long history of violations for
this property dating back to 2003.
1.) Motion: Move to tell Mr. Donovan and his attorney
that they are more than welcome to come before the Board of Health who will
hear their request for a reconsideration of the June 25th
motion. After the request the Board will
be polled and if they decide not to reconsider then the hearing is over; the
reconsideration will not be heard.
Motion: Duane Gregory Seconded: John Livingstone Vote: 4-0-0.
2.) Motion: Move to suspend the fines until the August 13th
BoH meeting for 202B Bradford Street.
Motion: Mark Phillips Seconded:
John Livingstone Vote: 4-0-0.
3.) Motion: Move to make an amendment to the previous
motion (#2) stating that the suspension of fines will happen provided Mr.
Donovan seeks an application for demolition from the Building Department by
July 30th.
Motion: Duane Gregory Seconded: Mark Phillips Vote: 4-0-0.
Jane has also done outreach
and she’s had a lot of housing complaints.
She noted, too, that there are rental units made from artists’ studios.
The moldy rental mentioned in
previous minutes is currently being worked on.
She’s keeping a tight track of the repairs that are being done.
Jane will be on vacation for
the 3rd and 4th weeks in August but she will remain on
call.
Health Inspector’s Report
Brian Carlson said that he’s
doing inspections and both he and Jane are working with the police to expand
the ability to deal with animal bites.
Ruth Ann Cowing, the animal control officer, responds to most of the dog
bites. Animal control has become a
shared responsibility including the BoH; a cooperative venture.
Brian said that they are
responding to complaints about housing and messes in yards; they’re mediating
tenant disputes.
The meeting adjourned at 6:45
p.m.
Respectfully submitted,
E.
Rogers Gaudiano
Approved by the Board of Health on ______________________,2009
Duane Gregory, Chair