Town of Concord
Board of Health
Minutes from the Meeting
Tuesday, May 20, 2008
PRESENT: Ann M. Snow, Chairman
David J. Burgess
Deborah R. Farnsworth
Dr. Susanna Bedell
Brent L. Reagor, Public Health Administrator
Karen M. Byrne, Administrative Assistant
OTHERS: Judith Quanrud, FINCOM; Erik Jarnryd, 61 Hubbard
Street; John Amato, 88 Chamberlain Road, Westford, MA; Richard Reine, Director, Concord Public Works, 133 Keyes Road; Johanna Hunter, 554 Hayward Mill Road; Jennifer Hashley, 159 Wheeler Road; Peter Long, 159 Wheeler Road; Jeff Adams, 142 Farmer’s Cliff Road; Phil Gibson, 32 Highland Street; Brook deLench, 728 Sudbury Road.
1. REORGANIZATION OF THE BOARD
Ann Snow was nominated as the new Chairperson for the upcoming year at the April meeting.
Ms. Snow and Jack Henderson were reappointed by the Town Manager for a second term to expire on May 31, 2011.
2. MINUTES & BOARD CALENDAR
The Board reviewed and discussed the minutes from the meeting of Tuesday, April 15, 2008. Ann Snow moved to accept the minutes as submitted. David Burgess seconded it. All VOTED in favor.
The Board reviewed the calendar for June 2008. The next regularly scheduled meeting for the Board will be June 17, 2008.
Brent Reagor mentioned that he invited Michael Webster, one of the consultants from Geo Insight who is conducting a comprehensive review of the former WR Grace site in Acton, to attend the June 20 meeting.
The Town has received a Brownfield Grant to use for consulting services to look at potential environmental and public health risks associated with WR Grace and how that may affect Concord as a whole. The results of that report need to be presented at a public meeting and Mr. Reagor felt the Board of Health meeting was the appropriate place for that to happen.
3. CHAIRMAN’S REPORT & REPORTS FROM OTHER BOARD MEMBERS
Chairman’s Report
Ann Snow asked that she be advised to the date for the monthly Selectmen’s Chair Breakfast meetings.
Reports from Other Board Members
There were none.
Report from Public Health Administrator
The Public Health Administrator (PHA) presented the Board with his monthly update outlining the activities undertaken by the Health Department since last meeting.
On-site Sewage Disposal
The PHA advised the Board that Charles Zgonis, 65 Summit Street has brought his Amphidrome septic system into compliance with Title V. Mr. Zgonis was issued a Letter of Non-Compliance back in the fall for failure to maintain a service contract with an approved inspector for his alternative system. After several notices and tickets issued by the Health Department, he finally presented a signed two-year maintenance contract. It had been signed in March, but he neglected to provide a copy. Mr. Reagor said that he would continue to monitor the situation so that compliance is maintained.
Emergency Preparedness
The Concord Medical Reserve Corp (MRC) staffed a Community Assistance Tent at the Patriot’s Day Parade in April. Mr. Reagor said this was an excellent opportunity for the MRC to review current supplies and plans for future deployment if necessary.
The PHA is currently working with the MITRE Group on a project to model public response to various pandemic scenarios. He explained that MITRE would be using high-level statistical & probability modeling (at no cost), to assist the Town of Concord with its pandemic flu planning efforts. Mr. Reagor expects the results to be available by the end of the summer.
Summer Intern Projects
The PHA was happy to announce that the summer interns from the BU School of Public Health were on board and ready to begin assisting the Health Division. James Feeney will be working to develop a risk-based food inspection program and will be assisting the Health Division with an overhaul (revitalization) of the Hazardous Materials Inspection program. Meghan Gavaghan will be developing a Healthy Eating for Active Living (HEAL) program in conjunction with the Health Division and the Council on Aging. Chia Keui is very interested in developing protocols for the Emergency Dispensing Sites and mass vaccination sites. Once the projects are underway, Mr. Reagor has invited the interns to a future BOH meeting to discuss.
H.E.A.L Program
The Health Division is currently working with the Council on Aging (COA) on an application for a $6,000 grant from the Community Health Network Area (CHNA) 15 to fund the Healthy Eating for Active Living (HEAL). This program will include wellness screenings, educational programs, and multimedia outreach. The COA will also have access to students from the Regis College of Nursing beginning in the fall to assist. Mr. Reagor said this would be an invaluable resource to both COA and the Board.
4. Septic Betterment Loans
Preliminary Approval for Betterment Liens
Karen Byrne processed loan applications for the following property(s) in April. Stanley Sosnicki, Environmental Health Inspector reviewed the Title V inspection reports and confirmed that the systems were in failure.
· 18 Whittemore Street ($20,000) – Haughton
· 24 Magnolia Street ($20,000) – Neville
David Burgess moved that the Board VOTE to find the onsite sewage disposal systems on the above noted properties to be public health nuisances per MGL, CH 111, s., 127 B and 127B1/2 and to authorize the initial betterment lien assessment not to exceed $20,000 to be filed at the Registry of Deeds. Jack Henderson seconded it. All VOTED in favor.
Final Betterment Lien Assessments
The onsite sewage disposal systems for the following properties have been completed and all invoices processed by the Health Division:
· 234 Union Turnpike ($16,700) – Driscoll
· 1315 Old Marlboro Road ($20,000) – Wengrovitz
· 180 Indian Pipe Lane ($18,985) – Belton
Jack Henderson moved that the Board issue the Order to Assess the Betterment for the above listed properties. Such order shall be forwarded to the Town Collector. David Burgess seconded it. All VOTED in favor.
5. Discussions/Miscellaneous Items
The Board heard a presentation from Brooke de Lench, 728 Sudbury Road, Concord regarding her concerns regarding particulate matter pollution as it relates to the new athletic playing fields located behind the Concord Carlisle High School and abuts Route 2.
Ms. de Lench is the author of Home Team Advantage: the Critical Role of Mothers in Youth Sports and the president of Team Angels an organization that educates parents about ways to prevent catastrophic injuries and deaths while playing sports. She provided the Board with a list of articles she had written and/or contributed to; she said she was also a consultant to ESPN and the NY Times and has contributed and sat on panels discussing childhood concussions and sports, sudden cardiac death (occurring while playing sports) and other sports safety issues.
She stated that her primary purpose for meeting with the Board was to shine a light on a situation she believes will have a direct impact on the health and well-being of children who would be utilizing the new athletic fields and to open a dialog between the Board and other concerned parties on this issue.
Ms. de Lench provided information collected from various sources, including studies conducted by the State of California, stating that scientists have found that the exhaust from cars, trucks, and buses contains chemicals that can be harmful and cause serious breathing problems such as asthma and contribute to the risk of cancer. She said doctors claim these toxins, if inhaled by children while playing sports, are especially dangerous for three reasons:
· Young athletes lungs are still maturing;
· Their immune systems are still developing; and
· The higher rate of inhalation during athletic activities brings more pollutants into their systems.
She stated that in California, the state that “leads the nation with law for protecting people from this deadly type of pollution”, they mandate that no school, day care facility, nursing home, or recreational or sports facility be closer than 500 feet from a major highway (over 50,000 vehicles per day). Ms. de Lench said that Concord’s new athletic fields are 60 feet away from Route 2 and according to the Boston Metropolitan Area Planning Council’s web site; Concord is sited as having above 50,000 vehicle trips per day.
After several minutes of information sharing, Ms. de Lench said that she was formally filing a complaint on the air pollution conditions at the new athletic fields. She said she was astounded that during the entire planning process for these fields that the Board of Health had not been included in any of the public hearing process.
In her opinion, prior to opening these fields, the Town should follow the EPA National Air Quality Monitoring Requirements and complete a comprehensive (year long) air quality analysis of the conditions at the fields. She said that the Harvard University School of Public Health would be an ideal candidate to conduct this type of study and she urged the Town to “stop trying to save face” and “do the right thing by our children”.
She thanked the Board for the opportunity to share her information and hoped that they would seriously take the matter under consideration.
At this time, the Chair asked if there were any comments or questions from the audience.
Johanna Hunter, Hayward Mill Road, member of the Fields Committee, but also an employee of DEP had the following points to add:
· She said that the studies that Ms. de Lench had cited were typically based on residential exposure, as in residents who actually live year round adjacent to heavily trafficked areas. She said their time for exposure would measure at a substantially higher rate than a person playing on the field for a short time.
· She disagreed with Ms. de Lench’s statistical data regarding the amount of cars that travel Route 2. Ms. Hunter provided data from the 2006 Massachusetts Highway Bureau which says that 42,800 vehicles per day travel this road.
· The fields will not be in use from mid-November through early March. Data suggests that the worst times of day for exposure to this type of air pollution are in the summer/winter months. She said that student athletes will not be active participants during the prime summer months of July and August.
Following a brief exchange, Mr. Reagor noted that under 310 CMR 7.00 the Board’s jurisdiction was strictly limited to odor, noise and dust, not air pollution; air pollution complaints would fall to the Department of Environmental Protection. He reiterated that the Town Manager was committed to a policy of not utilizing the upper fields during times of severe ozone levels as detailed by EPA and DEP.
Jack Henderson recalled that during previous discussions, it had been the opinion of the Board that the question on air-borne particulate pollution was a State wide problem that should be addressed in a comprehensive manner, not a project by project approach.
David Burgess said that because the fields did not require approval for onsite sewage disposal systems or a drinking well, the Board of Health’s approval would not have been required. However, he did recall that early on in the process information was provided and that no stone seemed to be left unturned by the parties involved as it related to the most suitable location for these fields.
Following a brief exchange, Jack Henderson reiterated his opinion that the Board maintain its original position and not take action pro or con as it related to the opening of the fields. The consensus of the Board concurred; however, Deborah Farnsworth felt that the Board should take the issue under advisement and if additional information becomes available revisit the issue. Board members agreed; no further action taken.
Note: Board members asked the Public Health Administrator to monitor the high ozone days throughout the summer months and insure that compliance is being met as it related to student athletes on the fields. Also, to confirm that the trees required as part of the site plan (to add a buffer) are planted.
6. Jen & Pete’s Backyard Birds – Mobile Poultry Processing Unit
The Board heard a presentation by Jen Hashley and Peter Lowy, owners of Pete & Jen’s Backyard Birds (located at Verrill Farm) regarding the temporary citing of a mobile chicken slaughtering operation.
Mr. Reagor explained that the mobile slaughtering unit would be permitted by the Department of Public Health Food Protection Program, but would also require written approval from the local Board of Health in accordance with MGL Ch., 111, Section 115:
“No person shall occupy of use a building for carrying on the business of slaughtering…without first obtaining, after a public hearing has been held thereon, the written consent and permission…of the selectmen, or, in any town having a population of more than five thousand, of the Board of Health, if any, of the town where the building or premises are situated…”
Background & Discussion
Pete & Jen’s Backyard Birds has been operating an organic chicken farm at Verrill Farm since 2002 selling live birds to the general public. They offer slaughtering and processing at an offsite facility for an extra fee.
Ms. Hashley explained that she has been working with the NE Small Farm Institute and the Department of Public Health Food Protection Program to develop a pilot project for a mobile poultry slaughtering operation that would serve a number of small scale poultry farmers around the state.
She explained that the unit (tractor trailer mounted) would allow places like Verrill to process a limited amount of poultry and once processed the chicken could be sold direct to consumers, restaurants, or Community Supported Agricultural Groups (CSA’s).
Mr. Reagor noted that under current Massachusetts Law, they could not sell to markets or other resellers.
Mr. Reagor explained that the Department of Public Health Food Protection supported the project and was coordinating it with the health departments from the communities in which it would take place, the Department of Agriculture, DEP and the FDA. He said this coordinated effort would assure that each of those communities affected would be receiving all of the same information during the written approval process. He noted that a meeting with all parties involved was scheduled for May 30th giving an opportunity for additional information exchange and an actual review of the process (via video) and an inspection of the unit that will be at Verrill Farm.
The consensus of the Board was to support an effort of this kind, but did have some concerns about the disposal of the offal (waste products) of the birds, the leaching requirements, and sanitary inspections of the unit while it was housed in Concord. As long as it was maintained in a sanitary fashion and was not situated in a location that abutters would be affected, Board members said they were inclined to grant written approval.
Mr. Reagor reiterated that the permit to operate would be issued by the Department of Public Health and that inspections would be conducted by them as well. Mr. Lowy explained that they sold approximately 150 birds per season. He said the feet, heads, and giblets are used for dog food; the feet are sold to ethnic markets for soup and if not it is put in the compost pile. He said there was very little “remaining” of the bird once the process was complete. He said that the maximum amount of offal could be contained in a couple of 5 gallon drums.
Following further discussion, Mr. Reagor said that this issue would be placed on the June agenda as an official public hearing and the Board could give approval at that time. If additional information is provided at the meeting on May 30th, he said he would forward it to them.
The meeting adjourned at approximately 9:35 pm.
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