Town of Hingham
Board of Health Meeting
FEBRUARY 26, 2009
A regularly posted meeting of the Hingham Board of Health (the Board) was held on Thursday, February 26, 2009, in the South Hearing Room, 210 Central St. Hingham, Massachusetts.
The meeting was called to order by Mr. Bickford at 6:08pm.
MEMBERS PRESENT:
Peter Bickford, Chairman
Kirk Shilts, D.C., Member
Stephan White, Member
STAFF PRESENT:
Bruce Capman, R.S., Executive Health Officer
Michael McDonald, Health Agent
Kathy Crowley, R.N., Town Nurse
AGENDA:
Mr. Capman reviewed the meeting’s draft agenda.
Thereafter, the agenda was accepted with additions.
TOWN OF HINGHAM REGULATION:
PROHIBITING SMOKING IN WORKPLACES AND PUBLIC PLACES
Ms. Betty Nee and Mr. Jim Wells of the South Shore Boards of Health Collaborative, Tobacco Control Program met with the Board to discuss amending the recently approved Prohibiting Smoking regulation to include reference to marijuana smoke.
The Board reviewed the following document:
• Prohibiting Smoking in Workplaces and Public Places regulations adopted an 11/20/08, with proposed draft language changes to Sections #2 (Statement of Purpose), #3 (Definition of “Smoking”), and #6 (Exceptions).
The following issues were discussed:
• Mr. Wells said the state tobacco control agency was supportive of the proposed changes but had a few comments concerning the following provisions.
• Section 4(F): The agency recommended that the BoH list all the town-owned properties/locations that would be subject to these regulations. This list would be maintained under separate sheet, and may be amended independent from the promulgated regulation.
• Section 6(D): The agency is unsure if the Hingham BoH had regulatory control over Federal or State-owned jurisdictions relative to smoking. Nevertheless, the agency supports this sub-section’s inclusion within the regulation.
• Section 9: The agency recommended that Section 9 on Variances be removed in its entirety. The matter of variances is already addressed within the state smoking statute.
Thereafter, a MOTION was made by Dr. Shilts and Seconded by Mr. White;
To adopt the “Prohibiting Smoking in Workplaces and Public Places” regulation as drafted.
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED;
To amend the pervious motion by removing Section 9 “Variance” from the regulation.
*members in favor: White & Bickford
*members opposed: Shilts
Thereafter, a MOTION was made by Dr. Shilts and Seconded by Mr. White and it was VOTED (unanimous);
To adopt the “Prohibiting Smoking in Workplaces and Public Places” regulation, as amended, and pending proper public notice become effective on April 1, 2009.
ANIMAL CONTROL OFFICER/ TOWN OF HINGHAM BARN INSPECTOR:
The Board met with Leslie Badger, Hingham’s new animal control officer/ barn inspector.
The following issues were discussed:
• Ms. Badger asked if the Board would add a section of canine-related requirements to the town’s current Keeping of Animals Regulations. She suggested, as an example, a much-needed regulation that addresses the safe and proper use of guard dogs within business establishments
• The Board asked Mr. Capman to check with town counsel regarding the legality of establishing canine controls through regulation as opposed to the town’s animal control bylaw.
• The Board asked Ms. Badger to develop a list of all (state-defined) “barns” within Hingham.
• Ms. Badger will provide animal permit applications and fee schedules to Hingham residents that would likely come under the jurisdiction of our town’s Animal Regulations.
• Mr. McDonald will be able to assist Ms. Badger with certain inspections, per notification of Mr. Capman.
• Ms. Badger will inquire from neighboring towns where potentially rabid animals are prepared (decapitated) for laboratory sampling, and whether Hingham may use, or need to duplicate, this type facility.
• The Board asked Ms. Badger to provide the Board with quarterly reports regarding her work
NURSES REPORT:
Ms. Crowley presented her quarterly report to the Board.
Highlights:
• Homeland security Region 4B: Push to talk communication devices have been obtained for the Health Dept. for coordinating local activities. Hazard Plans have been developed between the Health Dept., police and fire departments.
• 2009 Flu season: Approximately 2,000 residents/employees were vaccinated this season. Medicare reimbursement is expected to bring in approx. $12,000 to town coffers.
• Staff Training: Ms. Crowley has been certified as a SERVSAFE food safety inspector and will be assisting Hingham’s food inspector Wm. Peterson with inspections.
• Public Education: Ms. Crowley has recently conducted informative public seminars on Prevention of Falls in the Elderly, Elder Domestic Violence, and Economic Influences on Public health.
• Description of Municipal Services: Ms. Crowley updated the Board on the array of job activities provided by the Town Nurse.
SEPTIC SYSTEM REQUEST:
48 WHITING STREET
The Board received a request to reduce or eliminate sampling of monitoring wells associated with an onsite septic treatment plant at this commercial property.
The Board reviewed the following document:
• Letter from Stephen Nelson dated 2/2/09
The following issues were discussed:
• The monitoring wells are required to be sampled quarterly
• The basis for this request stems from the manner in which this establishment’s rear parking area is being plowed of snow
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To DENY the request to amend the frequency of monitoring well testing at 48 Whiting St., and to request a copy of the current monitoring well results.
PROPOSED TOWN BYLAW:
IRRIGATION SYSTEM BYLAW
The Board discussed the Water Supply Committee (WSC)-sponsored Irrigation System Bylaw, which the BoH had submitted to Town Meeting on behalf of the WSC.
The Board reviewed the following documents:
• Proposed Memorandum to the Hingham Selectmen from Dr. Shilts
The following issues were discussed:
• Mr. Bickford stated that he was extremely surprised of the WSC’s reluctance to support their own bylaw, especially coming on the heels of their supposed unanimous vote in favor of the bylaw last November.
• Dr. Shilts concurred with Mr. Bickford’s surprise, and added that the WSC is a somewhat fractionated committee with divergent viewpoints.
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To withdraw the Irrigation System Bylaw from the 2009 Town Warrant.
EXECUTIVE HEALTH OFFICER’S REPORT:
• The Commonwealth of Massachusetts, Dept. of Public Health
Mr. Capman reviewed with the Board a 2-20-09 memorandum from the Dept. of Public Health regarding the topic of “Municipal Public Health Stability”.
• Richard DeMelis, owner, AJ’s Inc.
Mr. Capman reviewed with the Board a 2-11-09 reply he sent to Mr. DeMelis regarding a concern over his tobacco sales establishment’s tobacco compliance plan.
• South Shore Boards of Health Tobacco Control Program
Mr. Capman reviewed with the Board a 1-8-09 memorandum from the SSBoHTCP regarding their inspection of four (4) nursing homes within Hingham, where no violation were found.
• South Shore Boards of Health Tobacco Control Program
Mr. Capman reviewed with the Board a 1-26-09 memorandum from the SSBoHTCP regarding their compliance checks of twenty-one (21) tobacco sales establishments within Hingham, where no violation were found.
• Hingham Health Department 2010 Budget
Mr. Capman reviewed with the Board his recommendation to trim an additional $1,500 from the Health Dept. 2010 budget by eliminating all employee overtime pay and by printing more documents in-house items as opposed to using outside venders.
CORRESPONDENCE:
• TOWN of HINGHAM PLANNING BOARD
The Board received and reviewed a 1-26-09 correspondence from the Planning Board regarding their proposed Zoning by-law amendment about attached garages.
Thereafter, Mr. Bickford mentioned that he already spoke to members of the Planning Board regarding this proposed article and the Board’s concern per the Board’s previous directive.
• PLYMOUTH COUNTY MOSQUITO CONTROL PROJECT
The Board received and reviewed a 2-9-09 correspondence from Ms. Jo Ann Fawcett regarding the Plymouth County Mosquito Control Board’s annual public notification of potential aerial spraying of insecticides during the upcoming 2010 mosquito season.
• The HINGHAM LEAGUE of WOMEN VOTERS
The Board received and reviewed a 1-12-09 correspondence from the Hingham League of Women Voters (LWV) regarding their formation of an Observer Corps to observe selected town boards and committees.
Thereafter, Mr. Bickford again welcomed Ms. Costello of the LWV to the meeting.
MINUTES:
The minutes from the December 18, 2008 meeting were reviewed by the Board.
Thereafter, a MOTION was made by Dr. Shilts and Seconded by Mr. Bickford and it was VOTED;
To approve the minutes of December 18, 2008 as drafted.
*members in favor: Shilts & Bickford
*members opposed: none
Mr. White abstained from voting
The public minutes from the January 15, 2009 meeting were reviewed by the Board.
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To approve the public minutes of January 15, 2009 as amended.
The minutes from the January 15, 2009 Executive Session #1 were reviewed by the Board.
Thereafter, a MOTION was made by Mr. White and Seconded by Dr. Shilts and it was VOTED (unanimous);
To approve the Executive Session minutes of January 15, 2009 as amended, and to make these minutes available to the public.
SCHEDULING:
The next regular meeting of the Board is scheduled for Thursday, March 19, 2009 at 6pm.
ADJOURNMENT:
The February 26, 2009 meeting of the Hingham Board of Health adjourned at 8:28pm.
Respectfully submitted,
Kirk Shilts, D.C.
Hingham Board of Health