TOWN OF
Phone# (508) 234-3272 Fax# (508) 234-0821
The Northbridge Board of Health approved these
minutes at a meeting held
This meeting was
called to order at
Minutes: A motion was made by Mr.
Chase accept the minutes of
Whitinsville
XtraMart – Suspension of Coffee Service: Present for this meeting was Mr. Jeremy Sebastian,
Area Supervisor for XtraMart.
Mr.
Garabedian asked how long Ms. Gilchrist has been concerned over the proper
washing and sanitizing of the equipment for coffee at this establishment. Ms.
Gniadek informed the Board that Ms. Gilchrist first inspected in October of
2006 and found the 3-bay sink area was being utilized as office space – plywood
was placed over the sink to use it as a counter. She ordered the correction of
this violation. She went back in May of 2007 and again in October of 2007 and
found that the coffee pots were still being washed in the sink in the bathroom.
Mr. Garabedian stated that he understood Ms. Gilchrist’s frustration that her
orders were not being followed.
Mr.
Sebastian stated that he was unaware of the ongoing situation at this
establishment. The store manager did not inform him of the Board of Health’s
concerns. He presented pictures depicting signs over the sink in the bathroom
that stated the coffee pots cannot be washed in that location. He also stated
that since he has been made aware of this, he frequently visits the store and
informed the Board that proper procedures are now being followed. He also
stated that the store manager has been written up and that she will be terminated
if her establishment is found in non-compliance. He stated that he has also had
all employees of the store sign copies of proper procedures to be followed so
that this type of incident does not happen again.
Motion made by Ms.
Thompson to require monthly inspections of this establishment for a
probationary period of 3 months – requiring the establishment to pay for these
additional inspections by our agent; and to institute a penalty under
non-criminal disposition in the amount of $100 should the establishment be
found in violation of not properly using the 3-compartment sink for the washing
and sanitizing of the coffee pots. Should the establishment be found in
violation their permit allowing coffee service will be suspended for a period
of 6 months – re-instituting this permit can occur only after the 6 month
suspension has lapsed. Motion seconded by Mr. Cella; the vote was all in favor.
Title 5 –
Mr.
McKeon questioned whether everyone had the opportunity to read the report of
Apex Environmental and he wanted to know why the installer did not install the
Zabel filter and why the design engineer did not notice that as there is no
notation on the as-built that it was not installed. Mr. Morrow stated that it
did get overlooked but he believed that the Zabel filter was being installed
today. Mr. Hutnak stated that he did not know why it was not installed.
Mr.
McKeon questioned the pump hours and why one had 54.99 hours on it and the
other only 20.95 hours when they are suppose to alternate. Mr. Morrow stated
that one of the pumps had failed and needed to be replaced, that is why the
hours are not equal. The next report should show the hours more equal.
With
regards to the cleanouts that had not been installed, Mr. McKeon questioned why
they were not installed and why there is no note on the as-built plan that they
were eliminated. Mr. Malley stated that when they did the site inspection, a
decision was made in the field to eliminate the 8-inch cleanouts as they would
be located throughout the parking lot. He stated that the pressure gauge can be
checked at the manifold. Mr. McKeon stated that this information should be
shown on the as-built plan and that Apex Environmental should be made aware of
the design change.
With
regard to the grease trap at the compactor pad Mr. Loin stated that he checked
the SIC codes and found that this establishment does not fall under any of the
SIC codes. He continued his argument that this is part of the plumbing plan and
that it falls under the jurisdiction of the plumbing inspector. Mr. McKeon
questioned the quantity of waste that is being pumped from that fixture as
there has been no documentation submitted to the Board. Mr. Loin stated that he
thought the grease traps were being pumped quarterly. Ms. Drea stated that
Wal-Mart Environmental, not Apex, handles the pumping of the grease traps. She
stated that she would get that information to the Board. Mr. McKeon stated that
if the waste does not get to the outlet then it would not be a big issue to cap
it.
Mr.
Loin suggested showing on the as-built plan the location of this second grease
trap with a notation that it is not part of the septic system certification and
to see the Plumbing Plan for the establishment. Mr. McKeon stated that it is
totally up to the design engineer – he stated that the Board cannot accept it
unless the design engineer says it is okay.
Mr.
Hutnak stated that technically this is not in his jurisdiction. Mr. McKeon stated
that anything that goes into the septic system falls under his jurisdiction
because you designed it. Mr. Hutnak agreed that this grease trap was not shown
on the original design plan but argued that it does not fall under his
jurisdiction. Mr. McKeon stated that it doesn’t fall under the Board’s either
because the Board is not going to take on that liability and approve something
to enter the septic system that was not approved by the design engineer.
Mr.
Loin questioned if the same tank was placed inside the store is it the design
engineer’s jurisdiction. Mr. McKeon stated that Mr. Hutnak reviewed the
architect’s plans. He asked him if that was in the original plan. Mr. Hutnak
stated that they look at floor space. Mr. Loin argued once again that this falls
under the jurisdiction of the plumbing inspector – it is a fixture within the
building.
Mr.
Malley stated that there are two issues – the first being the amount of waste
entering the system which was not part of the original calculation. Everyone agreed
that based on water meter readings, the system could easily handle additional
flow. The second issue is the type of wastes that could potentially enter the
sewage system. Mr. Loin stated that steam cleaning of racks typically occurs in
this area as well as steam cleaning of the compactor area itself to keep the
area clean. Mr. Loin stated that you cannot control what enters the system
because someone could just as easily dump a hazardous material into the toilet
and flush it.
Mr.
McKeon reiterated that we still do not know how many gallons go into this
grease trap. Mr. Malley stated that if it’s being pumped quarterly it should
have been pumped at least twice already.
Mr.
Loin stated that by having the grease trap there, grease from the bottom of trucks
that enter to empty the compactor, is being collected into the grease trap so
that it doesn’t enter the septic system.
Mr.
Loin stated that they can provide the records for the grease trap pumping but
questioned where the Board goes from there. He suggested that the as-built note
the grease trap with a disclaimer that it is not part of the septic
certification. Mr. Hutnak questioned what showing it on an as-built plan
accomplishes – we know it’s there. Mr. Loin stated that at a previous Board
meeting, the Board suggested that they wanted the grease trap documented on a
plan.
Mr.
McKeon stated that this Board does not design – we hire a professional with a
stamp to review plans that are designed by others – then he advises us. Mr.
McKeon stated that we cannot change the design; therefore the burden is on the
design engineer. Mr. Loin argued again that it did not need to show up on his
design because it does not fall under his jurisdiction. Mr. McKeon stated that
if Mr. Loin can prove that it is not his jurisdiction, then we don’t need to
worry about it. Mr. Loin stated that it is shown on the plumbing plans and was
approved by the plumbing inspector.
Mr.
Malley stated that he doesn’t have a problem with it being there as long as he
knows what is going from point A to point B. Mr. McKeon stated that he does not
want the Board of Health to take on any burden of liability.
Mr.
Malley suggested a letter from Wal-Mart regarding the spill containment
procedures that would be utilized in the compactor pad area would be helpful.
Mr.
McKeon stated that a decision could be made by the Board at their next meeting
at which time they would expect to be able to review pumping records for the
grease trap as well as the spill containment procedures.
Ms. Gniadek explained
that the Board’s recent policy regarding building permits requires that the
septic upgrade be completed prior to the building permit sign off. Mr.
McElreath stated that he would have to drive over the proposed system if it
were installed prior to the addition being constructed.
The Board agreed that
they did not have an issue with Mr. McElreath receiving his building permit
prior to the septic upgrade – they indicated that his presence this evening
demonstrated good faith that the work would be completed.
Ms. Gniadek informed the
Board that the Tubbs were present to discuss with the Board the placement of a
4-bedroom deed restriction on their property to allow for a room in the
basement to be finished. House plans were shown to the Board and it was noted
that the “unfinished bonus room” over the garage has been finished and is now
the master bedroom with the master bedroom area serving as office space.
The total number of rooms
with the proposed room addition in the basement would total 10 which under
Title 5 regulations would require a 5-bedroom septic design – the property is
served by a four bedroom septic design.
Discussion revolved
around whether the office area could be considered a bedroom as you need to
walk through it to enter the master bedroom so you could argue that the room
does not afford privacy so it would not be considered a bedroom.
Motion made by Mr. Cella to accept a 4-bedroom deed restriction on this property to allow for the completion of a room in the basement. Motion seconded by Mr. Chase; the vote was all in favor. (Upon receipt of recorded deed restriction the building permit will be signed by the Board of Health)
Mr.
Stockton was advised that this is his opportunity to request an extension for
any repairs that he felt could not be completed by December 3rd, the
tentative re-inspection dated.
Mr.
Stockton indicated that he is in the process of installing hardy-board siding
and that this would not be completed within the mandated timeframe.
Motion made by Mr.
Chase to extend time frame for addressing the exterior chipping paint at this
property until June 1, 2008. Motion seconded by Ms. Thompson; the vote was all
in favor.
Mr.
Malley has reviewed the site plan and prepared a report for the Board’s review.
Mr. Malley stated that most of the project is in Sutton, with the large parking
area in Northbridge. He stated his concerns with regard to spill control and
containment.
Ms.
Gniadek provided the Board with various pieces of information from the health
effects of diesel exhaust to technology that provides truckers with heating and
air conditioning while their trucks are off.
Due
to the amount of information provided and the scope of this project as well as
the concerns of the abutters, the Board requested that the Administrative
Assistant prepare a report for their consideration at their next meeting.
Mr.
McKeon requested that the report include requirements for gas traps and spill
control measures including ample berming as well as concerns over air quality
and noise from this facility.
Motion made by Mr.
Cella to accept the report of Malley Engineering and to forward the report to
Planning Board for their consideration. Motion seconded by Mr. Garabedian; the
vote was all in favor.
Fiscal Year 2009 Budget Proposal: Ms. Gniadek presented the Board with a budget proposal for FY 09. She stated that the Town Manager had advised departments to prepare budgets with a 3% increase in salary and a 2% increase in Expenses. This budget exceeds those guidelines. As the FY 07 budget was significantly cut due to the absence of a health agent, the level funding of the FY 08 budget was an actual cut of over $8,000. The department has sustained itself using left over grant funds as well as reducing services. In order to meet state mandates in FY 09, the Expense portion of the budget must exceed the 2% increase that had been requested in our budget proposals.
Motion by Ms.
Thompson to submit budget to the Town Manager as proposed. Motion seconded by
Mr. Cella; the vote was all in favor.
Mr.
McKeon stated that the Police and Fire Departments should be provided with an
Emergency Contact Information Sheet so that they know who the primary contact
persons are for the Board. A draft emergency contact information sheet was
reviewed by the Board. Mr. McKeon stated that during normal business hours all
calls should go through the Board of Health office. He stated that after normal
working hours, he as Chairman should be the primary contact person with Scott
Chase as the secondary contact as he is oftentimes working in town and would be
available.
Motion to approve
Emergency Contact Information and distribute to the Northbridge Fire and Police
Departments was made by Mr. Cella and seconded by Ms. Thompson. The vote was
all in favor.
ICS and NIMS: Ms. Gniadek provided Mr.
McKeon, Mr. Garabedian, and Mr. Chase with the course materials and exams for
the ICS 100 and NIMS 700 courses. Ms. Thompson and Mr. Cella have already taken
and passed these courses which are required under the Homeland Security Act.
Correspondence:
Correspondence dispersed to the Board included:
1.
2.
Tom Berkowitz
Trucking – Wood Chipping Notice – November, 2007
There being no further business, motion to
adjourn at 9:15 PM was made by Ms. Thompson, seconded by Mr. Cella – all in
favor.
Attested by,
Jeanne M. Gniadek, Administrative
Assistant