1979/07/23MINUTES
EXECUTIVE BOARD
July 25, 1979
The meeting was called to order by Mayor Orlando P. Ragazzi at 7:$0 p.m.
Deputy Mayor Joseph P. Lanzoni was present. Deputy Mayor Robert A. Argazzi
was ABSENT.
Also present were: Corporation Counsel Harry N. Jackaway and Mrs. Jackaway;
Mr. Doolittle from the State Department of Environmental Protection;
Mr. Alan Siniscalchi from the State Department of Health Services;
Mr. William G. ~est, President of Stan Chem; Mr. John Luckman, Vice
President of Stan Chem; Attorney John Wade representing Stan Chem;
Ludmil Chotkowski, Director of Health for the Town of Berlin; Mr. Leroy
Farrow, Mr. Mark Farrow, Mrs. Carol Yurewitch, Mrs. Dolores Godin, all
residents of East Berlin; Sergeant Valentine of the Berlin Police Department;
Mr. John Mothersele of M~W Manufacturing; Miss Carol Gandolfo, resident;
Nancy Swain representing the Berlin Eagle; John Heenehan representing the
Hartford Courant.
Mayor Ragazzi reported that he was unable to arrange for Mr. Jeff Wayne,
Director of the Media Center at the High School, to be present for tonight's
meeting as Mr. Wayne is on vacation. A letter will be forwarded to
Mr. ~ayne requesting his presence at the Executive Board Meeting scheduled
for August 6, 1979.
On motion by Mr. Lanzoni, seconded by Mayor Ragazzi, it was voted to pay
~ $5.40 in Dog Damages to Mrs. John Day of 50 Sterling Drive, as approved
by the State of ConnectiCut, Department of Agriculture, Canine Control
Division, in its July 19, 1979 letter. MOTION CARRIED.
Mayor Ragazzi read the letter of resignation from Gerald Barkella, Deputy
Dog Warden. On motion by Mr. Lanzoni, seconded by Mayor Ragazzi, it was
voted to accept the resignation of Mr. Barcella. MOTION CARRIED.
Mayor Ragazzi reported that he spoke to the Dog Warden who stated that he
does not need a replacement for the Deputy Dog Warden at this time. Mayor
Ragazzi then asked Attorney Jackaway if the Dog lVarden pays someone out
of his budget (not an employee of the Town) to assist in cleaning the
Dog Pound, would the person be covered under the Town's insurance. Attorney
Jackaway replied that he would have to be an employee of the Town.
On motion by Mr. Lanzoni, seconded by Mayor Ragazzi, it was voted to
approve the payment of $75.51 to Mr. Donald J. Peterson of 20 Williams
Street. This is a tax refund as recommended by Mr. Motyka. MOTION
CARRIED. (Providing there is sufficient funds in the account.~
Mayor Ragazzi reported that Mr. Argazzi called him earlier in the day
and stated that he could not make tonight's meeting.
Mayor Ragazzi read the letter from Morgan Seelye stating that the Water
Control Commission voted at its July 17, 1979 meeting, to recommend that
.,the Executive Board authorize Town to $9,000 for
a
Meeting
appropriate
' the installation of a sewer line. On motion by Mr. Lanzoni, seconded
by Mayor Ragazzi, it was voted to add the following to the call of the
Town Meeting scheduled for Monday, July 30, 1979 at 8:00 p.m. in the
McGee School Auditorium, pending the approval of the Board of Finance:
Executive Board Minutes
July 25, 1979
-2-
To appropriate $9,000.00 to install a sanitary'sewer in Overhill Road,
in Wilbur Cross Highway easterly about 500 feet
from
the
existing
sewer
in length. MOTION CARRIED. Mayor Ragazzi reported that Mr. & Mrs.
Schumann have agreed to the installation and the assessment to cover the
costs which are to be paid by them.
Mayor Ragazzi presented the July 23, 1979 letter from Morgan Seelye
concerning the bids for the paving of Ridgewood Lane. Mr. Seelye explained
that two methods of repair were authorized - standard cut and patch, or
infrared heating and patch. The low bidder for the standard method was
Steven Paving Co. at $10.50 per square yard. The only other bid was
received from Felix A. Marino Co. at .$15.50 per square yard for the standard
method and $7.35 for the infrared process per square yard. Steven Paving
Co. did not bid the infrared. Therefore, Mr. Seelye is recommending that
the bid be awarded to Felix A. 51arino Co., as he feels a major portion
of the work can be done by the infrared process and this will cause the
total job to come in less expensive than the apparant low bidder for the
standard process.
On motion by Mr. Lanzoni, seconded by Mayor Ragazzi, it was voted to accept
the recommendation of Mr. Seelye and award the bid for the paving of
Ridgewood Lane to Felix A. Marino Co. of Peabody Massachusetts in the
amount of $15.50 per square yard for the standard method of repair and
$7.55 for the infrared method per square yard. The only other bid was
from:
Steven Paving Co.; Inc.
Hartford, Connecticut
$10.50 sq.yd.
Standard Method
of Repair
MOTION CARRIED.
Mr. Seelye asked about the status of the Berlin Interceptor Sewer. Mayor
Ragazzi reported that a letter was forwarded to the Board of Finance and
that pending their approval, a Town Meeting has been set for July 50, 1979
at 8:00 p.m. He stated that he is not at all happy with the project
but if the Town does not go along with it, we stand to be subject to a law
suit by the Federal Government. Therefore, the Executive Board reluctantly
referred it to the Board of Finance for approval. Mayor Ragazzi stated
on the positive side, the Town will have a townwide sewer system when
this is completed.
The meeting was then moved to the Public Meeting Room at approximately
8:00 p.m.
Mr. Farrow asked if representation from Stan Chem was present, and went
on to answer a statement that appeared in the newspaper on 7/19/79.
Mr. Wade stated that Stan Chem is here on the Mayor's request and they
are here to listen to what the complaints are. Mayor Ragazzi stated that
on July 7, 1979, a complaint was received that there was an order emanat-
ing from Stan Chem. Members of the Department of Environmental Protection
Agency responded and found there was a violation. They since served
Stan Chem with a Notice of Violation. Mr. Favrow asked if that answer was
right for the past seven years. Atty. Wade stated that Stan Chem is not
here to be cross examined. He stated that it would be the most productive
if they could just hear the complaints and they would try to respond to
them. Atty. Jackaway instructed Mr. Favrow to forget about his question.
Executive Board Minutes
July 23, 1979
-3-
Atty. Jackaway stated that the Town is trying to help the residents.
He stated that Stan Chem would like to know what the resident's complaints
are, and instructed Mr. Farrow to state exactly what the complaints are
and how long this~has been occuring and what the affects are on the
residents.
Mr. Favrow reported that August 2, 1972 was the first time that he
made complaint of an odor, and continued with a list of dates that he
has complained. He stated that he lives 2 1/2 blocks from Stan Chem,
at 101 Mattabassett Street. He stated that this odor has been obnoxious
and sickening. He reported that the residents have called the phone
numbers at Stan Chem. Mr. Wade and Mr. Luckman have been to his house
and the residents have been to Stan Chem. Mr. Farrow stated that they
have received nothing but a run-around. He went on to state that the odor
has been a daily occurrence .since June.
Atty. Wade asked if it would be possible to get a description of what
it is the residents are smelling. Mrs. Yurewitch reported that the odor
is "plastic tasting". Mr. Mark Favrow stated that according to the Police
Officer that answered to a complaint, the odor is Butyl Acrylate. He
reported that according the the Poison Control Center, it affects the
eyes, throat and respritory system, and can cause nausea and diarrhea, it
affects people differently. He reported that the morning after being
awakened during the middle of the night because of the odor, he became
ill in work the next morning. Mr. Favrow reported that his wife has been
laid up several days due to the odor.
Atty. Wade asked if the odor is always the same. Mr. Favrow commented that
he is not going into what kind of smell it is.' He stated that it is rotten
and sickening. Mark Favrow replied that he smells the same odor each
time. Mr. Favrow reported that he and other residents attended a meeting
at Stan Chem and were asked to smell five samples. Each resident came up
with the same sample. He stated that it is not a sweet smell or a "rotten
egg" smell. Atty. Wade asked once again if the smell is always the same.
Mr. Favrow replied that it is a smell that is obnoxious.
Atty. Wade commented that it is his understanding that the Inspector from
DEP was at Stan Chem and made an independent survey on 7/7/79. Mayor
Ragazzi replied yes, and asked Mr. Doolittle from DEP what was determined
at that inspection. Mr. Doolittle stated that the odor was an Acrylate; a
member of the Acrylate family. He stated that he could not determine which
Acrylate it was. Mark Farrow stated that he does not see why the residents
have to determine what the odor is. Stan Chem should know. The odor is
always the same.
Mayor Ragazzi asked Sergeant Valentine if he knew why the officer came
back and reported that it was Butyl Acrylate. Sergeant Valentine
reported that he believes it was repeated to the police officer. The
Department's procedure is to go down to the plant and find someone who
can tell the officer what they are using. The police officer was told
it was Butyl Acrylate.
Executive Board Minutes
July 23, 1979
-4-
Mrs. Yurewitch reported that she received a phone call from the "Oil
and Hazardous Chemicals"' people who asked her if she had witnessed
the cleaning out of a truck, as it was illegal for Stan Chem to do so
in the area. They should be washing out the trucks far away from
residential areas.
Atty. Wade stated that the problem Stan Chem is having is trying to
identify a specific a11edged offense. Mr. Favrow asked what the citation
of July 7, 1979 was. Mr. Doolittle replied that it was in response to
a compalint. He reported that he visited the complaintant's homes at,that
time. He reported that the odor was not present in the area of the homes
at that time, however, in moving back toward Berlin Street in the direction
of the plant, on two occassions he ran through patches of odor which
was an acrylate odor. Mr. Doolittle reported that one address was on
MattabassettStreet and the other was one and a half blocks away from the
plant. He stated that the plant was totally closed down at the time.
He screened the area to see if he could get into Start Chem. He found no
bad odors around the outer area, nor at the plant itself. Atty. Wade
asked how many times the odor was detected by Mr. Doolittle. He replied
two, for several seconds each time. Mark Farrow objected stating that
it takes 45 minutes for the inspector to reach the plant when called.
Mrs. Yurewitch stated that the residents went through this routine four
years ago and nothing has been done.' Stan Chem changed their hours. She
stated that she used to call Start Chem, but has stopped bothering to call.
She commented that when she did complain, they weren't even aware of the
odors. She reported that she is getting headaches daily, and has to take
medication. Also, the children in the area seem to be having problems
with respritory illnesses. She reported that all of the women in the area
that stay home all day get the headaches. She commented that Stan Chem
has stated that they do not get complaints in the winter months. She
reported that Stan Chem did get a letter of complaint from a resident
and responded to it. They then reported that they weren't aware of the
complaint. Mayor Ragazzi read the letter from Mr. Manzella, and Stan Chem's
reply to the letter.
Mark Farrow stated that it seems Atty. Wade is trying to establish that the
odor is not coming from Stan Chem. He commented that the residents are
here trying to find a solution, not the source. Mayor Ragazzi stated that
he is certain the residents of East Berlin would not domp]ain that the
odor was coming from Stan Chem if they did not feel that it was. DEP
has served a Notice of Violation. The question is what will happen if
they don't come up with a solution.
Mayor Ragazzi then asked what is expected of Stan Chem by DEP. Mr.
Doolittle replied that DEP should have a response in the reasonable
future. Not necessarily in three to five days. He stated that within
a couple of weeks DEP should receive Stan Chem's response as to what they
intend to do to correct the situation. He stated that if'DEP feels Stan
Chem has a handle on the situation, they will negotiate a time table for
Ocorrective action. DEP will try to help them locate any sourses of odor
and beside whether or not to include them into any controls. Mayor Ragazzi
asked if there is an immediate solution for the residents. Mr. Doolittle
stated that without information as to the details of the problem, he is
not certain.
Executive Board Minutes
July 23, 1979
-5-
M~ayor Ragazzi stated that it seems there may be a health hazard
involved in the problem, and asked Dr. Chotkowski for his comments.
Dr. Chotkowski stated that he feels the people to sh'ed light on the
problem are the operators of the plant. He stated that he feels it is
Start Chem's responsibility to find out where the odors are coming from,
where they are and to do something about it. He commented that the way
the subject is 'being approached, it seems everything is a complete
mystery. That is rediculous. Stan Chem should tell us what the problems
are. He went on to state that everytime he enters Start Chem's plant he
can smell the stink. He stated that maybe with all of the scrubbing
equipment and expense, Start Chem cannot control the odor. He commented
that maybe they should find another place (to locate) where this odor
will be tolerated. Dr. Chotkowski stated that possibly the odor is coming
from the stuff dumped around the plant in the past. Atty. Wade asked what
"stuff" the Dr. is talking aboui. Dr. Chotkowski replied come on, don't
play this game.
Atty. Wade stated that Stan Chem was sited by DEP for an objectionable
odor on July 7, 1979. The plant'was closed down on the 6th at 11:00 p.m.
and did not reopen until the 8th at 11:00 p.m; It was not in operation
when the. odor occurred. Atty. Wade "I respectfully submit that the
burden of proof is on you" and that this company wants to be a good
neighbor. It provides a substantial tax base and employes many people.
Stan Chem met with the citizens and the Mayor in the past. They purchased
scrubbing equipment and installed a monitoring system. He stated that
Stan Chem will respond to complaints when they are identified to them.
Atty. Wade reported that in the past twelve months, 27 calls were received,
24 from one individual. Two other people made complaints. In the past
twelve months, three people have complained about the problem. He stated
that in answer to one complaint, DEP came down to Stan Chem and found the
problem to be pollen in the air. Another time the odor was coming from
the telephone company installing telephone polls. He again stated that
Stan Chem is making every effort to be a good neighbor.
Atty. Wade stated that Start Chem will respond to the citation from DEP
but asked how they can abate a problem that they do not know how it could
have occurred on July 7, when the plant was closed, tte commented that
it is not a problem of easy solution. He stated that they do not know
what the odor is, and inferred they are not certain the odor is coming
from their plant.
Mr. John Mothersele, owner of M&W Manufacturing, commented that he has
been renting space from Stan Chem for several years. Four years ago
there was a problem. He stated that lately there has been no smell. He
reported that he works 10 to 12 hours per day, five days a week, and has
not witnessed an odor. Mrs. Yurewitch asked if he was in the area at
5:00 a.m., which he was not. She stated that it mainly occurs in the
late evening or early morning hours.
Mr. Siniscalchi from the State Department of Health Services reported that
they have started an investigation on the environment surrounding the area.
He stated that Atty. Wade claimed that the problem may be limited to a
small number of people. His investigation showed that quite a large
number of individuals have suffered a response to environmental
contamination. He commented that if only person did suffer, the State's
response would be a complete investigation. Mr. Siniscalchi, in reference
Executive Board Minutes
July 23, 1979
to Atty. Wade's comments about the plant being closed on the day of
the 7, 1979 complaint, stated that his department has noticed
July
number of instances where a plant is not in full operation, but still
can contribute to environmental conditions. It could be leakage of
chemicals or other problems. He stated that their investigation, which
just started last week, shows that a number of residents are suffering
health affects. They will continue their investigation and report
further upon its completion.
Atty. Wade, in comment to Mr. Siniscalchi's statement, stated that the
problem has.been raised as to whether or not Stan Chem knows what is
going on. The first time they knew of an immediate problem was.by
reading it in the newspaper. Noone from the DEP or Health Department
(State) or residents called Stan Chem. He stated that to learn that
the State Department of Health is investigating is a complete surprise.
One would think that they would at least contact the person alledged to
be making the problem. Atty. Wade stated that Stan Chem had no
notification that DEP was on their property. He stated that he would
like to see open lines of communication, and not learn these problems
through the newspaper.
Mr. Doolittle stated that approximately two days before the citation, he
left a note for Mr. Luckman in the hands of a person who claimed to be
an employee. It was left on Mr. Luckman's desk. He stated that DEP
tries to tell individuals involved when they are in the area.
Mr. Favrow stated that he is sick and tired of this thing. DEP can't
do a thing about the citation. He read the citation served in 1975
where Stan Chem was to pay $5,000 per week for noncompliance.
Atty. Jackaway reported that the Town has had the state people in and
they have been involved for a long time. They haven't been able to solve
the problem. Now the State Health Department is here. He stated that
he can assure the residents that when the Department of Health advises
the Town that there is proof of a health hazard situation, the Health
Officer for the Town of Berlin will do something about it. Atty. Jackaway
commented that the people who work in the plant are not ill. The odor
does not affect plant workers and it is difficult to say why it affects
the residents and not the workers. Mr. Favrow commented that the residents
are responsible for having the State D£P and State Health Department in
on this investigation. Atty. ~ackaway stated that DEP has been here for
many years .on the problem.
Dr. Chotkowski stated that he does not think it is fair for this group
to think that the Town is not concerned about the problem. We are all
very interested in solving this problem. He stated that is a very
frustrating problem. If it is determined to be a health hazard, and
he is to get reinvotved, he certainly will.
Mr. Heenehan asked if Stan Chem is taking the position that the burden
of proof is on the Town to establish what the problem is before any
O action is taken. Atty. Wade replied that Start Chem has received Notice
a
of Violation and will respond to the citation.
Executive Bokrd Minutes
July 23, 1979
Atty. Jackaway asked when the Town can expect a report from the Staze
Health Department. Mr. Siniscalchi replied that a preliminary report
should be in within two weeks. He stated that a copy will be sent to
Stan Chem and to Dr. Chotkowski. He explained that Stan Chem was
not notified, because they have not reached that point in their
investigation.
Mayor Ragazzi stated that he will talk to Commissioner Pac and the
State Health Department to find out where to go from here. Atty. Jackaway
stated that the Town of Berlin can step in if there is a health hazard.
He stated that when the report is received from the Health Department,
the Town will be in a position to know what to do. He commented that the
residents were always free to take individual action against this plant.
He stated ghat he feels there is some position action stemming from this
meeting.
Mrs. Yurewitch commented that there is a school in the area. If there
is any question as to being a health hazard, shouldn't it be proven as
quickly as possible? ~layor Ragazzi commented that the residents can be
assurred that it would be pursued as quickly as possible. Mayor Ragazzi
stated that this has been going on since at least 197S. He stated that
he would look at it very closely. If there is any link of solution that
will satisfy everyone he will take care of it; with the assistance of
DEP and the Department of Health, the Town of Berlin will do whatever
is necessary and in the best interest of the Town.
The meeting then moved to the Mayor's Office.
Mayor Ragazzi stated that he is going to make appointments within the
next day to visit with Mr. Lowell at the State DEP, and Mr. Malish at
the State Department of Health to discuss the Stan Chem problem. He
asked Mr. Doolittle if there was any question that the smell was coming
from Start Chem. Mr. Doolittle replied that he did not site a specific
source from within the plant. He stated that the odor was not on the plant
(7/7/79) but was down wind of the plant. Dr. Chotkowski stated that
Stan Chem has dumped chemicals on the soil around the plant, and asked
if the odor could be coming from that. Mr. Dottlittle stated that he is
thinking of all of the possibilities, but stated that he did not detect
the odor at ground level. He stated that he operates on the basis that
the problem is a nuisance, and that the Health Department has more power
to solve the problem if it is determined to be a health hazard.
Dr. Chotkowski commented that he would hate to see this settled in a
legal way, and would like it settled with a voluntary manner.
Mayor Ragazzi asked if this has been going on since 1975 or earlier
why the Health Department was.not called in sooner. Both Dr.-Chotkowski
and Mr. Doolittle commented that they thought the problem had been pretty
much resolved.
Mr. Siniscalchi explained to Mayor Ragazzi that the State Department of
Health did plan on contacting him in the near future, but that their
investigation was still in its very earliest stage. He apologized for
the Mayor not being aware of the investigation. Mayor Ragazzi asked if
it is felt that there is a real problem, or if the investigation is too
incomplete to determine this. Mr. Siniscalchi replied that he feels there
is a real problem.
Executive Board Minutes
July 23, 1979
-8-
Mr. Siniscalchi then commented on the remarks made that the employees of
Stan Chem remain unaffected by the odor. He explained that the only
individuals who remain working in chemical plants are those who do not
become affected. Residents do not choose whether or not to be exposed
to such an odor, and an employee does.
On motion by Mr. Lanzoni, seconded by Mayor Ragazzi, it was voted to
approve the ~{inutes of July 16, 1979 as presented.
On motion by Mr. Lanzoni, seconded by Mayor Ragazzi, it was voted to
approve the Minutes of July 17, 1979 as presented.
On motion by Mr. Lanzoni, seconded by Mayor Ragazzi, it was voted to
ratify the Addendum to the July 17, 1979 Minutes as presented.
There being no further business to come before the Executive Board, the
meeting adjourned at 9:50 p.m.
Respectfully submitted,
Ka~h:leen ~. Bourg0in
iSecTetary
ADDENDUM
EXECUTIVE BOARD MINUTES
July 23, 1979
TELEPHONE POLL: July 24, 1979
On motion by Mr. Lanzoni, seconded by Mr. Argazzi, it was voted to
hire Thomas Dacey as a CETA employee, Custodian at the Community
Center. Mr. Dacey is filling the vacancy created by the resignation
of Hewitt Lofquist. MOTION CARRIED.
TELEPHONE POLL: July 25, 1979
On motion by Mr. Lanzoni, seconded by Mr. Argazzi, it was voted to
change the call of the Town Meeting for the Berlin Interceptor Sewer
Project to Tuesday, July 31, 1979 at 8:00 p.m. due to an error in
the legal notice. (Error was made by the Herald) MOTION CARRIED.
TELEPHONE POLL: July 27, 1979
On motion by Mr. Lanzoni, seconded by Mr. Argazzi, it was voted to
again change the date of the Town Meeting for the Berlin Interceptor
Sewer Project to Wednesday, August 1, 1979 at 8:00 p.m. due to an
error made by the Herald in the legal notice. MOTION CARRIED.
Respectfully submitted,
Secretary