I would like to make a motion to open the Board of Health Board of Health meeting Wednesday, July 15th, 2026 at 7:30 p.m. >> I second the motion. >> All in favor? Aye. Um the Board of Health in accordance
with the provisions of MGL chapter 30A, section 20B, meeting is being recorded by Area 58 Community Access Channel and can be viewed on YouTube. Um the Board chair reasonably anticipates the following matters will be discussed and are voted on at this meeting. Agenda
items may be taken out of order for time management considerations. Uh members present, Pam Engstrom. >> David Hatch. >> Uh so the first item um is the hearing regarding 285 Home
Street um with an owner's attorney response to a Board of Health violation notice at 285 Home Street. Um Do you want to run with this, Bob, or how how should we go?
>> Sure. So um to kind of bring it back to where it began, it it it began with a uh my involvement began with a call from the fire chief who had reported to this um the the day it occurred
and he spoke to me over the phone and notified me what he saw um appeared to be less than 10 gallon uh spill of hydraulic fluid. Uh at that time, I told him, "Well, do
what you need to do um on your end, and uh and we'll follow up accordingly." And uh so it at the time it was a pretty minimal sort of thing, and then there was some follow-up communications um by uh the our neighbor there, I think uh Jake
Okerfelt. Um and he voiced some some significant concerns regarding the situation. And uh just to also kind of clarify where we were at as the department at that time, it was during the transitional period between me being an
interim health agent here in Halifax and at the time a candidate uh for hire and not officially the health agent. So what we had was um another consultant from the Halifax Public Health Excellence Group, Kayla Smith, was helping.
Um and I put that and a few other things on her desk and said, "Hey, can you just kind of take care of these because I'm not going to be in for a couple of weeks during kind of a a cut >> Right. >> between the the
positions cuz I wanted to kind of kind of be clearly delineated what I was and who I was in the town. Uh so during that time Kayla um um did the best she could to take the ball and run with it with a
few different matters. This was one of them, and she put out a um a an order letter to the homeowner at 285 Homes, and that was pretty much where we left it on
our end. Um and the response was to request a hearing. Um and I and I believe you're here to represent the property owner tonight. So I'll let you go from there. >> Sure. Sure. My name is Ann Soboleski. I'm here on behalf of the property
owner, the Gerald Feldman Realty. So, it's not a residence. This is a industrially zoned commercial property. Um the neighbor who has a long history of making complaints about this property over the past 2 and 1/2 years to every
board made this complaint. He also complained to the fire chief. The fire chief went out to the property contemporaneously, saw everything that was going on, contemporaneously spoke with the DEP, and confirmed that what had happened on the property did
not trigger any requirements under the Massachusetts Contingency Plan whatsoever. Um then my client got the notice of violation of the state sanitary code dated June 9th, but he got it on June 15th when
that agent appeared at the property with a representative from CEC and LSP Environmental LSP. No one had spoken with my client or the person who was at the property at the time about the facts in the situation. So, it's our position
that the notice of violation should be withdrawn because one, it's not a residence. The cited provision of the state sanitary code doesn't apply in this particular circumstance. Two, okay, if you have complaints from one neighbor saying all of these things happened, my
client can say this is not what happened, but you also have the statement from the impartial third-party town employee who actually was there saying that this is not something that triggered any requirements. We don't believe that we should have a notice of violation
for this particular incident. >> Okay. And then, so and from what I had read from the letter that you had your response, so it mentioned you know, the regulation pertains to residence and as you said it's not a residence. You know,
are there any other you know, regulations that we need to be concerned with or >> So, my my position at this time where I I've been in agreement with the representation for the property owner and and I would support withdrawing the violation. >> Yeah.
Yes. >> There's more to do. I will follow I will follow it up in my capacity now as official health agent for the town at this time. >> Sorry, I just like to say if you ever have any issues, you have my email now and I'm in direct contact with the
property owner. You can always reach out to us. He is very responsive and wants to make sure that the right things get done with respect to his property. >> Appreciate that. Thank you. >> Thank you. >> Okay. All right. So, then
based on that, we So, we do a vote to withdraw the Do we do a vote then to withdraw the notice? the violation notice >> then I I can follow up with communications as necessary to confirm that. >> Okay. Okay. All right. So, I'm going to based
on the information that has been presented and the regulations and the response from the lawyer, it it does seem appropriate inappropriate that this notice should have been issued based on those regulations. So, I would like to make a motion to
withdraw that violation notice at 285 Home Street. >> I will second the motion. >> All in favor? I. >> Thank you very much. >> Thank you for your time. Appreciate it. Okay. Yeah, I think I think if if you wouldn't
mind looking into that a little bit more just to make sure that there isn't any other >> Yeah, we'll make sure all the correct stuff eyes are dotted, tees are >> Yep. Yep. And then I guess for us to know going forward too if there's any if anything else comes up, you know, what I
mean, I don't know. Like is would the would we have to, you know, is there ever Well, one I guess first we have to make sure if there's a certain regulation, right? But then two like does it require testing? Does it require, you know, like I guess I just I don't know where to look for what
regulations would apply, so. >> Yeah. And in the future I'll be handling these personally, so I'll So that was another part of why I supported withdrawing that cuz that that particular letter didn't even have my name on it. >> Okay. >> it wasn't representative of of me and my
findings, so if there's anything that needs to be done in the future, I I will do that and I'll be in regular communication with you guys >> And educate us. >> as necessary. Yeah, absolutely. >> All right, great. Fantastic. All right, uh so we're going to move forward then
ratifying agent's approval. So it looks like we've got um five items here. 88 Plymouth Street, 53 Polly Drive, 12 Redwood Drive, 14 Redwood Drive, 16 and 18 Redwood Drive. Um
any I'm guessing no concerns. We're just going to we'll ratify everything inside. >> Yeah, I'll check. Um yeah, I think we're going to be fine with 16 and 18. We are going to need them to do a a revision on the plan to do a two-compartment tank
because it's serving two separate dwellings, but that's something we can handle in-house. >> Okay. Okay. Um I'd like to to make a motion then to ratify the agent's approval for A through E as listed. >> Second the motion.
>> All in favor? Aye. Uh discussion items. So Lindy's General Store violation letter sent um based on a sale to a minor. >> Which one Where's Lindy's? Which one Is that the one on um >> It's the one
um out on near the town line on Montponcet, I believe. Montponcet Street. >> So, it's at 58 >> out on the town line with >> It's the old It's the old Alida's location. >> Oh, okay. Okay. >> Okay. >> Okay.
Um >> Yeah, so what had happened there was um we were notified by the uh Southeastern Tobacco Control. I forget the exact >> Yeah. >> But um they had done a compliance check where
they sent in a minor um >> Yep. >> and the tobacco product was sold to the minor. Um we received a report in our office and um
we were advised to go as far as issuing a $1,000 fine as well as a 3-day license suspension and and and even a step further. Um I reviewed the
um state laws to it and the minimum thing that we had to do was uh the $1,000 fine. >> Yep. >> So, I didn't want to necessarily go overboard >> Yeah.
>> with any sort of punitive measures, but um to be compliant with state law, we did have to issue the $1,000 fine. >> Yep. And do we know um was this a first violation or have they had >> It was a first violation. >> Okay. >> They They taken and See, I think they're
like every 3 years >> Yeah. >> They have to I don't know the exact math, but after a certain amount of time it resets to if it's a violation, it's a first. >> Okay. >> And then it's like how many however many and then >> Okay. >> as if there are successive violations in
a certain window of time, the >> Yes. >> measures taken are are stepped up. >> Right. And we have done that cuz I think we've had at least one situation where there was the monetary and then it happened again and we did do the 3 days. Yeah.
>> Yeah. And just on that note also, just to make you guys aware, there's a class action suit that involves the town of Halifax, um multiple other towns and Massachusetts Department of Public Health >> Yep. >> that's um underway
and where there are I think there's a a number of tobacco retailers are in this suit and they're suing, um but that's being handled by town council of, you know, their respective communities, but just to make you aware that that's >> Yeah. Yeah, but that isn't that a state?
I thought that was a state regulation and then the towns were just Yeah, just enforcing it. >> Yes, so what we do here in Halifax is we follow federal and state guidelines. >> Right. >> Um and and it's it's difficult because they're constantly changing
>> Right. >> and retailers and their suppliers are constantly trying to stay ahead. So it's like it's this constant cat and mouse >> Yeah. >> moving of the goal posts. >> Right. Right. Yeah, I would I guess I was just thinking with a class action that I
don't know, I feel like it should be at the state. >> Well, DPH is involved in it, so really at the town level, it's like we I don't think we really have to be overly concerned. >> Okay. Right. >> Just like DPH, I think is going to kind of take the take the helm on that.
>> Okay. All right. Thank you. >> Mhm. >> All right. Um next are affirming bills paid. I'd like to make a motion to affirm bills for expense account 01-512-FY26-08. one and two as listed. >> Second the motion.
>> All in favor? >> Aye. >> Aye. Aye. Make a motion to uh affirm expense account 01-512-FY26-09 one as listed. >> Second the motion. >> All in favor? >> Aye.
>> Aye. I'd like to make a motion to affirm the revolving account 25-513-FY26-16 uh one as listed. >> Second the motion. >> All in favor? >> Aye. >> Aye. I'd like to make a motion to affirm the
revolving account 25-513-FY26-17 one as listed. >> Second the motion. >> All in favor? >> Aye. >> Aye. Uh I'd like to make a motion to affirm the iPad gift account 26-514-4830-02-FY26-101 as listed. >> Second the motion. >> All in favor? >> Aye.
>> Aye. I'd like to make a motion to affirm the landfill engineering account 01-519-FY26-021 as listed. >> Second the motion. >> All in favor? >> Aye. >> Aye. I'd like to make a motion to affirm the landfill engineering account
01-519-FY26-031 as listed. >> Second the motion. >> All in favor? >> Aye. >> Aye. I'd like to make a motion to affirm the public health excellence grant account 25-516-5430-189 -FY26-41
one as listed. >> Second the motion. >> All in favor? >> Aye. >> Aye. I'd like to make a motion to affirm the public health excellence grant account 25-516-5430-189-FY26-42 one as listed. >> Second the motion. >> All in favor. I.
I'd like to affirm I'd like to make a motion to affirm the public health excellence grant account 25-516-5430-189-FY26-43, one as listed. >> Second the motion. >> All in favor. I. I'd like to make a motion to affirm the public health excellence grant account
25-516-5430-189-FY26-44, one and two as listed. >> Second the motion. >> All in favor. I. I'd like to make a motion to affirm the public health excellence grant account 25-516-5430-189-FY26-45, one two, three,
one through four as listed. >> Second the motion. >> All in favor. I. I'd like to make a motion to affirm the public health excellence grant account 25-516-5430-189-FY26-46, one as listed. >> Second the motion. >> All in favor. I.
I'd like to make a motion to affirm the public health excellence grant account 25-516-5430-189-FY26-47, one as listed. >> Second the motion. >> All in favor. I. Um Like to make a motion to approve the
meeting minutes from June 17th, 2026. >> Second the motion. >> All in favor. I. Um I'd like to make a motion to approve the revolving account 25-513
uh for the date 7/15/26, uh one as listed. >> Second the motion. >> All in favor? I. Aye. I'd like to make a motion to approve the nursing services account 01-522-715-26-1 as listed.
>> Second the motion. >> All in favor? Aye. I'd like to make a motion to affirm the public health excellence grant account 25-516-5430-189 7-15-26-1 one as listed. >> Second the motion. >> All in favor?
>> Aye. >> I'd like to make a motion to approve the public health excellence grant account 25-516-5430-189 7-15-26-2 item one as listed. >> Second the motion. >> All in favor? >> Aye. >> Oops.
I'd like to let's see. I'd like to make a motion to ratify the agent's approval with the condition that all required documents and fees are submitted to the Board of Health. Well discharge permits will not be released until water testing samples from a certified well testing company are submitted to the Board of
Health and approved by the agent. I'd like to ratify for items 1 through 13 as listed. >> Second the motion. >> All in favor? >> Aye. >> Aye. I would like to make a motion to close the Halifax Board of Health meeting
on Wednesday, July 15th at 6:48 p.m. >> Second the motion. >> All in favor? >> Aye. >> Aye.