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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