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HomeMy WebLinkAbout54 Chauncy St. (Mansfield Gas) - 2014February 10, 2014 Mr. Wissam Samrout Mansfield Gas Service, Inc. 54 Chauncy Street Mansfield, MA 02048 Dear Mr. Samrout, At your request dated January 21, 2014, a hearing regarding the suspension of your license for selling tobacco products was held on February 6, 2014 at 7:10 PM in meeting room 2 A/B, at the Town Hall, 6 Park Row. The purpose of the hearing was to determine if the motion of January 8, 2014 should be sustained, modified or revoked regarding the suspension of your license for selling tobacco products. The motion was made to enforce the Board of Health's June 6, 2013 order for you to develop a written action plan on the policies and procedure your business will enact to prevent the sale of tobacco products to minors. At the hearing you presented the required plan to the Board of Health. The Board of Health voted to revoke the motion of January 8, 2014 and not suspend you license. Be advised the Board fully expects than you will enact your plan and policies promptly and continually. If I can be of assistance, please do not hesitate to contact me. Yours truly, Scott Leite, Health Agent Cory: Marilyn Edge, WBC&F Tobacco and Alcohol Prevention Collaborative t2 3 TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 January 21, 2014 Mr. Wissam Samrout Mansfield Gas Service, Inc. 54 Chauncy Street Mansfield, MA 02048 Dear Mr. Sam out, I have received your request for a hearing regarding the suspension of your license for selling tobacco products from your representative Jaber Sam out. In a telephone discussion with your representative, he requested that the hearing be held on February 6, 2014, instead of February P to allow for an extension of time. The request for the extension is based on Ms. Edge's cancellation of their January 21meeting due to illness and a pending snow storm the following day. The notice of suspension and embargo will not go into effect until after the hearing on February 6, 2014 at 7:10 PM. The hearing will be held in meeting room 2 A/B, at the Town Hall, 6 Park Row. At the hearing the Board of Health may modify or sustain the notice. If I can be of assistance, please do not hesitate to contact me. Tealth Agent Served by hand at Mansfie,M GAs Service, 54 Chauncy Street. By Scott Leite, On January 21, 2014 at � :�M. Cory: Marilyn Edge, WBC&F Tobacco and Alcohol Prevention Collaborative TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 January 15, 2014 Mr. Wissam Saint out Mansfield Gas Service, Inc. 54 Chauncy Street Mansfield, MA 02048 Dear Mr. Samrout, On May 18, 2013, a compliance check of youth access to tobacco by purchase was performed by the Western Bristol County and Foxborough Tobacco and Alcohol Prevention Collaborative, further referred to as "the Collaborative", on behalf of the Town of Mansfield's Board of Health. The compliance check on that day revealed that Mansfield Gas Service, Inc., which is owned by you, was in violation of the Mansfield Board of Health Regulation Affecting Smoking and the Sale, Vending and Distribution of Tobacco and Nicotine Products Article 5: Sale of Tobacco and Nicotine Products, Section IA, by selling cigarettes to a 17 year -old buyer. In a letter dated May 23, 2013 from the Collaborative, you were notified of a hearing to be held on June 6, 2013 regarding this violation and the possible suspension of your tobacco sales permit. You attended that hearing and admitted to making the sale. The Board of Health closed the hearing and made a motion regarding this matter during its meeting that evening. The Board of Health moved and voted that you receive an official warning letter and work with the Collaborative to develop within thirty (30) days a written action plan on the policies and procedures that the business will enact to prevent the sale of tobacco products to minors. You were notified of this determination by the Board of Health through the Collaborative in a letter to you dated June 10, 2013. In a letter dated December 6, 2013, I reminded you of your responsibility in this matter and requested that you attend the January 8, 2013 meeting of the Board of Health to provide evidence of compliance. You did not attend the meeting, nor have you provided evidence of compliance. Samrout January 15, 2014 Page 2 At the January 8`s meeting, the Board of Health voted to suspend the license for selling tobacco products for Mansfield Gas and Service, Inc., starting on Monday, January 27, 2014 at 9:00 AM for no less than three (3) days and the suspension will continue until the board receives Mr. Samrout's written action plan on the policies and procedures that his business will enact to prevent the sale of tobacco products to minors, as described in the minutes of June 6, 2013 and noted in the letter dated December 6, 2013. During the suspension, all tobacco products shall be embargoed. At 9:00 AM on January 27, 2014 all tobacco and nicotine products shall be inventoried, packaged and sealed in the presence of a Board of Health representative. You will need to provide sufficient cartons and sealing tape for this required packaging. The embargoed product shall be removed from the premises. When the suspension is lifted, the embargoed product shall be opened and inventoried in the presence of a Board of Health representative before re -stocking the product. You are entitled to a hearing regarding the suspension of your permit. A request for a hearing shall be made in writing and filed in the office of the Board of Health within five (5) days of the receipt of this notice. A requested hearing before the Board of Health shall be held no later than fourteen (14) days after the request is received. Upon receipt of the request, you will be notified in writing of the time and place of the hearing. If I can be of assistance, please do not hesitate to contact me. yours' truly, Leite, Health Agent Served by hand at Mansfi # Gas Service, 54 Chauncy Street. By Scott Leite, Health A e On January 15, 2014 at 3:V'PM. COPY: Marilyn Edge, WBC&F Tobacco and Alcohol Prevention Collaborative Hearing Procedure 1. Open hearing requested by petitioner Wissam Samrout of Mansfield Gas Service. 2. Purpose of the hearing is to give the petitioner, Wissam Samrout of Mansfield Gas Service an opportunity to be heard as to why the notice of January 15, 2014 informing the petitioner of a hearing to suspend their tobacco sales license. 3. Summary of events leading to hearing presented by health agent for tobacco control. 4. Hear petitioner's request. 5. The Board will then hear comments from parties in favor of the petitioner's request. 6. The Board will then hear comments from parties opposed to the petitioner's request. 7. The Board may close the hearing. 8. The Board may make a decision or postpone the decision to a later time in the meeting or a later meeting. TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 December 6, 2013 Mr. Wissam Samrout Mansfield Gas Service, Inc. 903 County Street Attleboro, MA 02702 Dear Mr. Samrout, On June 6, 2013 the Board of Health made the following motion regarding the sale of tobacco to a minor at this location: Mr. Healey made a motion that Ms. Edge send ,an official warning letter to the owner of Mansfield Gas Service, Inc. and the owner work with the town's Tobacco Compliance people over the next 30 days to develop a written action plan on the policies and procedures that the business will enact to prevent the sale of tobacco products to minors. Mr. McClean seconded the motion. Motion passed 4-0-0. Please attend the Board of Health meeting on January 8, 2014 at 7:00 PM to provide evidence of compliance. The meeting will be held on the first floor meeting room, opposite the Health Department Office, at 6 Park Row. r s ly, Scott Leite, Health Agent CERTIFIED MAIL: 7003 1680 0006 9325 6206 C: Marilyn Edge, WBC&F Tobacco and Alcohol Prevention Collaborative Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative OCT ;'5 2M 3 One Government Center, 4th fl Fall River, MA 02722 Office: 508 324 2423 Cell: 774 488 9341 Fax: 508 324 2429 Serving Boards of Health in Attleboro N. Attleboro Berkley Dighton Fall River Foxborough Mansfield Norton Seekonk Somerset Swansea Taunton 4 Westport Marilyn Edge, Director Email: WBristolTobaccoAlcohol@gmail.com October 10, 2013 Mansfield Gas Service, Inc. Attn: Mr. Wissam Samrout 54 Chauncy St. Mansfield, MA 02048 Re: Tobacco Training Policy Dear Mr. Samrout: Enclosed please find a duplicate training packet which you requested at the Board of Health meeting on October 3, 2013. As was discussed, the Board requested that, after your training, you create an employee training policy for Mansfield Gas. The materials in the enclosed packet will assist you in creating that policy. Once your draft policy has been created, please send it to me for review. I will forward it to the Mansfield Board of Health. If you have any questions, please do not hesitate to contact me. Yours in Health, /n� Marilyn Edge Enclosure Mail: Certified — return receipt vCC: Scott Leite Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative One Government Center, 4th fl. Fall River, MA 02722 Marilyn Edge, Director Office: 508 324 2423 Email: WBristolTobaccoAlcohol@gmail.com Cell: 774 488 9341 Fax: 508 324 2429 June 10, 2013 Serving Boards of Health in Mansfield Gas Attleboro Attn: Mr. Wissam Samrout 54 Chauncy St. N. Attleboro Mansfield, MA 02048 Berkley Re: Board of Health Hearing on June 6, 2013 Dighton Dear Mr. Samrout: Fall River After the Hearing on June 6, 2013, the Mansfield Board of Health Foxborough Ordered that you have 30 days, from receipt of this letter, to put in • writing a policy for training your employees to comply with the Board of Mansfield Health Regulations on Sales of Tobacco Products. You will need to submit that policy to the Board of Health for approval. I advised them Norton that I was available to help you with that policy. Seekonk Enclosed please find two flyers for 90-minute Retailer Tobacco Trainings Somerset that are being held in Fall River on Monday, June 17, 2013 and in North • Attleboro on Monday, Jime 24, 2013. There are multiple trainings being Swansea held on each day. Please be advised that these trainings are for store owners and managers, NOT sales clerks. This training will help you Taunton create a policy for your establishment that will help you comply with Westport local, state and FDA regulations. Please contact me at the telephone or email fisted on the flyer and let me know which session you will be able to attend. After the trainings we can meet and outline a policy to be presented to the Board of Health for approval. Yoppurs in Health, Ma it Edge dge Enclosures Mail: Certified — Return Receipt' CC: Regular Mail v�-`CC: Mansfield Health Dept. TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 December 6, 2013 Mr. Wissam Sammout Mansfield Gas Service, Inc. 903 County Street Attleboro, MA 02702 Dear Mr. Samrout, On June 6, 2013 the Board of Health made the following motion regarding the sale of tobacco to a minor at this location: Mr. Healey made a motion that Ms. Edge send ,an official warning letter to the owner of Mansfield Gas Service, Inc. and the owner work with the town's Tobacco Compliance people over the next 30 days to develop a written action plan on the policies and procedures that the business will enact to prevent the sale of tobacco products to minors. Mr. McClean seconded the motion. Motion passed 4-0-0. Please attend the Board of Health meeting on January 8, 2014 at 7:00 PM to provide evidence of compliance. The meeting will be held on the first floor meeting room, opposite the Health Department Office, at 6 Park Row. Z' s Y� Scott Leite, Health Agent CERTIFIED MAIL: 7003 1680 0006 9325 6206 C: Marilyn Edge, WBC&F Tobacco and Alcohol Prevention Collaborative Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative One Government Center, 4th fl, Fall River, MA 02722 Office: 508 324 2423 Cell: 774 488 9341 Fax: 508 324 2429 Serving Boards of Health in Attleboro N. Attleboro Berkley Dighton Fall River Foxborough Mansfield Norton Seekonk Somerset Swansea Taunton Westport Marilyn Edge, Director Email: WBristolTobaccoAlcohol@gmail.com September 18, 2013 Mansfield Gas Service, Inc. Attn: Mr. Wissain Samrout 54 Chauncy St. Mansfield, MA 02048 Re: Continued Hearing Scheduled Dear Mr. Samrout: I attempted to contact you at the station today but was unsuccessful. I have been advised by Scott Leite that the continued Hearing has been scheduled for Thursday, October 3, 2013 at 7:00 p.m. Your presece is required at that time. Please call me upon receipt of this letter to advise if you have had the opportunity to create the employee policy that we discussed at the Retailer Training Program on June 24, 2013. As I am sure you recall, the Mansfield Board of Health suggested that you create such a policy at the original Hearing on June 6, 2013. If you have created that policy I will need to review it prior to the October 3, 2013 Hearing. If you have any questions please contact me. Yours in Health, Marilyn Edge Mail: Certified — Return Receipt CC: Regular Mail CC: Mansfield Health Dept. Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative One Government Center, 4th fl. Fall River, MA 02722 Office: 508 324 2423 Cell: 774 488 9341 Fax: 508 324 2429 Serving Boards of Health in Attleboro N. Attleboro Berkley Dighton Fall River Foxborough Mansfield Norton Seekonk Somerset Marilyn Edge, Director Email: WBristolTobaccoAlcohol@gmail.com May 23, 2013 Walid Samrout Corp., Inc. D/b/a Mansfield Gas Attn: Mr. Walid Samrout 54 Chauncy St. Mansfield, MA 02048 Re: Meeting of the Board of Health Dear Mr. Samrout: On May 18, 2013 Mansfield Gas at 54 Chauncy St., Mansfield, MA was found in violation of Town of Mansfield Board of Health Regulation Affecting Smoking and the Sale, Vending and Distribution of Tobacco and Nicotine Products, Article 5, Section IA when a sale of Marlboro cigarettes was made to a 17-year old student. The May 18, 2013 sale is the fourth offense violation for this location and carries with it fine of $300.00. The citation in the amount of $300.00 is enclosed. Swansea You are required to appear for a Hearing before the Mansfield Board of Health on Thursday, June 6, 2013 at 7:15 p.m. This Hearing will be Taunton held in Meeting Room 2A-13 on the second floor of the Town Hall. At Westport this meeting the Board of Health will discuss this, and previous, violations as well as the possible suspension of your tobacco sales permit. If you have any questions please do not hesitate to contact me or Mansfield Health Agent, Scott Leite, at 508-261-7366. Yours in Health, Marilyn Edge Enclosure Mail: Certified Mail — Return Receipt CC: Regular Mail ✓CC: Mansfield Health Dept. roa W 1.047 TOWN OF MANSFIELD NOTICE OF VIOLATION OF TOWN BYLAW OR REGULATION x O Unable to obtain signature of offender. Date Mailed ��s THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ C c/C/ i �� YOU HAVE THE FOLLOWING ALTERNATIVES IN THIS MATTER: Ether option (1) or option (2) wV3 operate as a final rssposrUon, RiN no resuft crrMnal record. (1) You may choose to pay Oe above One, either by appearing In person or through a duty authorized agent, or by mailing a check money order or postal note WITHIN 21 DAYS OF THE DATE OF THIS NOTICE to: TOWN CLERK 6 PARK ROW MANSFIELD, MA 02048 (2) if you desire to contest this matter, you may do so by mating a written request for a non -criminal hearing, and enclosing a copy of this dago 1, WITHIN 21 DAYS OF THE DATE OF THIS NOTICE to: THE CLERK -MAGISTRATE DRtrkt Court Department Attleboro District Court 100 N. Main Street Attleboro, AM 02703 Attn: 210 Noncriminal Headnge (3) If you fall to pay Oe above Ana or to request a hearing within 21 days, or if you fall to appear for the heading or to pay any One determined at the hearing to be due, a criminal complaint may be Issued against you. ❑ 1 HEREBY ELECT the first option above, confess the offense charged, and enclose payment In the amount of S ❑ 1 HEREBY REQUEST A NONCRIMINAL HEARING on this matter. Signature Mr. Healey made the motion that the Board of Health suspend the license for selling tobacco products for Mansfield Gas and Service, Inc., starting on Monday, January 27, 2014 at 9:00 am for no less than three (3) days and the suspension will continue until the board receives Mr. Samrout's written action plan on the policies and procedures that his business will enact to prevent the sale of tobacco products to minors, as described in the minutes of June 6, 2013 and noted in the letters dated October 10, 2013 and December 6, 2013. There are 3 sections of the Regulations Affecting Smoking and the Sale, Vending and Distribution of Tobacco and Nicotine Products that need to be quoted or attached to the suspension letter: Why the board is suspending the license, for not following the process, the hearing shall commence not later than 14 days after the day the request was filed (Article 6, Section 5 Hearing: note 3), and the policy and procedure for the removal of nicotine products (Article 6, Section 7, Tobacco and Nicotine Product Removal Upon Revocation). Mr. DeGirolamo seconded the motion. Motion passed 5-0-0. Town of Town of Mansfield - Board of Health 6 Park Rowansfield Mansfield, MA 02048 Application for the Sale of Tobacco Products I hereby make application for a permit to sell tobacco products in compliance with the Board of Health Regulation Affecting Smoking and the Sale, Vending and Distribution of Tobacco. This permit expires on June 1st of each year. Violation of this Regulation may result in fines, suspension or revocation of this permit. NAME OF BUSINESS: MANSFIELD GAS SERVICE, INC. LOCATION OF SALE OF TOBACCO PRODUCTS: 54 CHAUNCY STREET TELEPHONE AT LOCATION: (508) 339-3179 OWNER OF BUSINESS: WAtW SAMROUT ADDRESS OF OWNER: , ATTLEBORO, MA 02702 - 903 (L TELEPHONE OF OWNER: (508) 339-3179 FAX NUMBER: (508) U$% (' �. , J" 0 If a corporation or partnership, give name, title, and home address of officers or partner. FEE: $25.00 FEDERAL ID/SS NUMBER: Q4460WfI. �Vivl PERMIT NUMBER: 8-84 SIGNATURE: DATE: Commonwealth of Massachusetts Town of'Mansfield Board of Health Permit to Operate a Snack Establishment Town of Mansfield 6 Park Row Mansfield, MA 02048 In accordance with Regulations promulgated under authority of Chapter 94, Section 305A and Chapter 111, Section 5 of the General Laws, a Permit is hereby granted to:. WISSAM SAMROUT Whose place of business is: MANSFIELD GAS SERVICE, INC. 54 CHAUNCY STREET License Number: S-84 Permit Expires: June 01, 2014 Food Fee: $50.00 Milk & Cream ❑ BOARD OF HEALTH Catherine Ann Nemory, Chairperson Permit for tlae Sale of Tobacco Products Violation of REGULATION AFFECTING SMOKING AND THE SALE, VENDING, AND DISTRIBUTION OF TOBACCO may result in fines, suspension or revocation of this permit. BOARD OF HEALTH Whose place of business is: MANSFIELD GAS SERVICE, INC. 54 CHAUNCY STREET License Number: S-84 PermftExpfres: June 01, 2014 Catherine -Ann Memory, Chairperson Town of Mansfield Board of Health Minutes June 6, 2013 Present: Catherine Memory, Chairperson; Michael McClean, Clerk; Michael Healey; Nancy Wall; Scott Leite, Board of Health Agent. 1. Call to Order @ 7:04 PM in Meeting Room 2 A/B 2. Consent Agenda Approval of May 2, 2013 minutes Approval of a Permit to Operate a Temporary Food Establishment BSA Troop 17 — Pam Vickers Live Nation Worldwide, Inc. dba The Comcast Center Chubby Chickpea Mobile LLC @ The Comcast Center Flour Girls Baking Company, LLC @ The Comcast Center Grab A Dog Roadside Grille — Relay for Life KHF, LLC dba The Dining Car @ The Comcast Center Kickass Cupcakes, Inc. @ The Comcast Center Sabra — KISS Concert @ The Comcast Center Strawberry Fields, Inc. @ The Comcast Center (5 Permits) Texas Roadhouse, Inc. @ The Comcast Center Approval of a Permit to Operate a Food Service Establishment Bertucci's Italian Restaurant Big Fish Promotions dba Dunkin Donuts @ The Comcast Center Canoe River Campground Cheng Du Restaurant (Tang SZ, Inc.) Classic Pizza Cold Stone Creamery Corporate Chefs @ Smith & Nephew Cos! Cousins Pizza & Subs, Inc. Covidien 15 Hampshire Street D'Angelo's Sandwich Shop Epicurean Feast @ Covidien 777 West Street Epicurean Feast @ Tyco/Kendall 5 Hampshire Street Epicurean Feast @ Covidien-Tyco 9 Hampshire Street Epicurean Feast @ Tyco/Kendall 100 Hampshire Street Family Food Mart First Baptist Church Honey Dew Donut Honey Dew Donut @ Shaw'sSupermarket Jimmy's Pub and Restaurant Longhorn Steakhouse #5296 Mansfield Donuts Inc. dba Dunkin Donuts Mansfield Hospitality, LLC dba Holiday Inn Mansfield House of Pizza, Inc. Mansfield School Lunch @ Mansfield High School Mansfield School Lunch @ Robinson School Mansfield School Lunch @ Jordan Jackson Mansfield School Lunch @ Qualters Middle School Mansfield Youth Baseball New England Sportservice, Inc. @ Comcast Center (2 Permits) Old Country Store and Emporium, Inc. Orthodox Congregational Church Our Daily Bread — Mansfield's Community Food Pantry Quan's Kitchen Regent Cafe, Inc. Subway Trattoria La Cucini Delia Nonna Wendy's Old Fashioned Hamburgers of New York, Inc. Willowdale Golf Course Operating Company Approval of a Retail Snack License Bristol Liquors Cannan Fueles Claire's Boutiques, Inc. Cork's Fine Wine & Liquors F & W Inc., dba Dub's Discount Liquors Justice H559 Sports Authority Weight Watchers North America, Inc. Approval of License to Manufacture Frozen Desserts and/or Ice Cream Mix Cold Stone Creamery Wendy's Old Fashioned Hamburgers of New York, Inc. Approval of Pushcart Bruno Concessions Approval of Catering License Love at First Bite Creative Catering @ St. Mary's Church Approval of a License to Sell Milk and Cream Bertucci's Italian Restaurant Bruno Concessions Canoe River Campground Chong Du Restaurant (Tang SZ, Inc.) Classic Pizza Cold Stone Creamery Corporate Chefs @ Smith & Nephew Cos! Cousins Pizza & Subs, Inc. Covidien 15 Hampshire Street D'Angelo's Sandwich Shop Epicurean Feast @ Covidien 777 West Street Epicurean Feast @ Tyco/Kendall 5 Hampshire Street 2 Epicurean Feast @ Covidien-Tyco 9 Hampshire Street Epicurean Feast @ Tyco/Kendall 100 Hampshire Street Family Food Mart First Baptist Church F & W Inc., dba Dub's Discount Liquors Gerry's Catering Honey Dew Donut Honey Dew Donut @ Shaw's Supermarket Jimmy's Pub and Restaurant Kanku, Inc. dba The Store Longhorn Steakhouse #5296 Love at First Bite Creative Catering @ St. Mary's Church Mansfield Donuts Inc. dba Dunkin Donuts Mansfield Hospitality, LLC dba Holiday Inn Mansfield House of Pizza, Inc. Mansfield School Lunch @ Mansfield High School Mansfield School Lunch @ Robinson School Mansfield School Lunch @ Jordan Jackson Mansfield School Lunch @ Qualters Middle School Mansfield Service, Inc. Mansfield Youth Baseball New England Sportservice, Inc. @ The Comcast Center (2 Permits) Orthodox Congregational Church Quan's Kitchen Regent Cafe, Inc. Subway Trattoria La Cucini Della Norma Wendy's Old Fashioned Hamburgers of New York, Inc. Willowdale Golf Course Operating Company Approval of a Retail Food Establishment Permit General Nutrition Center #8844 Kanku, Inc. dba The Store L.L. Bean, Inc. Mansfield Service, Inc. Mansfield Train Station Nanay's Health Store and Services Pauline F. Bellavance Approval of Permit for the Sale of Tobacco Products Bristol Liquors Carman Fueles Canoe River Campground Cork's Fine Wine & Liquors Family Food Mart F & W Inc., dba Dub's Discount Liquors Kanku, Inc, dba The Store Mansfield Service, Inc. Regent Cafe, Inc. Approval of a Deposal Works Installer's Permit All -Clear Septic & Waste Water Services Approval of a Mobile Food Permit Gerry's Catering New England Sportservice, Inc. @ The Comcast Center (5 Permits) Approval of an Application for Offering Tattoo or Body Piercing Services Joseph M. Peters -Tattooing Approval of Residential Kitchen Pauline F. Bellavance Motion to Approve the Consent Agenda Healey/Wall Passed 4-0-0 Hearing: Tobacco sales to minors. Marilyn Edge and Sarah Lerous of Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative were present. Ms. Memory opened the hearing for Mansfield Gas Service, Inc., 54 Chauncy Street, at 7:10 pm. Jaber Samrout was present. Ms. Lerous told the board on May 18, 2013 at 3:29 pm a tobacco compliance check was done with a 17 year old. Clerk did not asked for an ID or age and a sale was made. Mr. Samrout said he was responsible for the sale but normally would have asked for identification or age but at the time of the sale the station was very busy and he was the only one working. Mr. Healey asked how many employees actually sell tobacco products at the station, is any formal training provided for the employees and what are the plans to make sure this not happen again. Mr. Samrout said there are three employees and all are trained. He said if they look under 25-30 years of age without an ID, they will not be allowed to purchase tobacco products. Mr. Healey reminded Mr. Samrout the state recommends anyone who looks younger than 27, should be asked for an ID. He said there should be a formal process in place, training and reminders on a monthly, quarterly or yearly basis, for employees selling tobacco products to prevent this from happening again. He said Mr. Samrout should work with the regulatory people to develop a training program. Mr. McClean asked Mr. Samrout how long he has had the tobacco permit. Mr. Samrout has had a permit to sell tobacco products for 1-2 years. Hearing closed at 7:15 pm. Ms. Memory opened the hearing for Tedeschi Food Shop/Fair Winds and Following Seas of 242 Chauncy Street at 7:18 pm. Store owner Mr. Robert Langton was present. Ms. Lerous explained on May 18, 2013 at 3:36 pm a tobacco compliance check was done by a 17 year old. The clerk did ask for an ID, but when the buyer said he did not have one, the transaction was still made. Mr. Langton said he verified the transaction, date, time and product sold. Mr. Langton said there are methods in place at the register when any age -restricted products, including alcohol and tobacco, are scanned into the register; there is a prompt to stop the transaction until a date is entered and when someone is obviously of age, the clerk can enter a series of numbers and continue the transaction. Mr. Langton said any customer who appears to be 30 or under is carded, the age entered and then the transaction goes forward. Mr. Langton said this is strictly against the training he has in place for his employees. He said he talks constantly with is employees about the importance of asking for an ID when selling tobacco products. New employees are trained and are also required to take the "We Card" training program. He said the clerk has worked for him for 1% years and she has no explanation for why this happened. He said he has had three counseling sessions with this employee and she has been given a three day suspension. Mr. Langton said she will be retrained. Mr. Healey asked how often the training is conducted. Mr. Langton said the formal training is done yearly but he frequently talks with his employees and has signage to remind them about the importance of asking for ID. Ms. Memory asked what will change to prevent this from happening again. Mr. Langton said he has reached out to other employers in this type of business for recommendations. He said from an operational or technological standpoint, he is not sure what more he can do. Mr. Healey suggested Mr. Langton use Ms.'Edge as a resource and said he should review the register policy, have documented discussions and more formal reviews with employees. Mr. Langton met with Ms. Edge and Ms. Lerous today and said he will intensify the training. Hearing was closed at 7:45 pm. Ms. Memory opened the hearing for Four Corners Citgo at 4 South Main Street at 7:45 pm. Dinish Patel was present. Ms. Lerous said on May 18, 2013 at 3:04 pm a tobacco compliance check was done by a 17 year old. The clerk did not ask for an ID or age and a sale was made. Mr. Patel said he has owned the store for nine years and has never had a violation. He said the store policy is to check ID if under 21 years of age. Mr. Patel said he does not know the name of the employee who made the sale. Ms. Lerous provide the employee's name. Mr. Healey said there does not appear to be any formal employee training and recommended that Mr. Patel meet with Ms. Edge for assistance in training his employees. He reminded Mr. Patel if a customer appears to be under the age of 27, his employees need to ask for an ID. He said Mr. Patel might want to update the register to remind the employees when scanning tobacco products to ask for ID. Mr. Patel said the. register has the ability to do this but he does not use it. Mr. Healey told Mr. Patel to put together a plan outlining steps to prevent this from happening again. Mr. McClean said there is a need for more training and improved systems to prevent any further violations. Hearing closed at 7:50 pm. Ms. Edge said this was the first violation for Mansfield Gas Service, Inc. and Four Corners Citgo and both establishments received a warning letter by certified mail. Mr. McClean said it would be a good idea to have Mr. Samrout and Mr. Patel provide a plan of action because it appears they do not have an employee training program in place to prevent selling'tobacco products to minors. He said Mr. Langton seems to have a plan in place. Both Ms. Edge and Mr. Healey said they do not like that Mr. Patel is overriding the register. Mr. Healey asked that both Mr. Samrout and Patel be required to provide a plan within 30 days. Ms. Edge said there are stores that do no have the override feature for the registers and they have to ask for ID and enter the date of birth regardless of the age of the buyer. She said most corporations do have the override feature but still require their employees to ask for a date of birth. Mr. Healey said the technology is there and stressed that store owners use It. Both Mr. Leite and Ms. Edge met with Mr. Langton and agree there is not much more he can do. Mr. Healey said he runs a good business. Ms. Memory said she believes Mr. Langton should train his employees more than once a year, perhaps once a month. She reminded the board about the procedures and extensive training Sunoco has in place, including the requirement that every payday employees sign an age -restricted document, stating they understand all policies regarding the purchase of tobacco products. She feels Mr. Langton has exhausted his options. Mr. Healey said each establishment has received a warning letter and now they need to work with Ms. Edge to develop a structured training program to prevent the sale of tobacco products to minors. The training program would be presented to the board and Ms. Edge for review and approval. Mr. Healey made a motion that Ms. Edge send an official warning letter to the owner of Four Corners Citgo and the owner work with the town's Tobacco Compliance people over the next 30 days to develop a written action plan on the policies and procedures that the business will enact to prevent the sale of tobacco products to minors. Mr. McClean seconded the motion. Motion passed 4-0-0. Ms. Edge said after Mr. Patel received the warning letter, he called the Board of Health and was told to call her but she never received a call from him. Mr. Patel asked for signs but he already has all the required signs. Mr. Healey made a motion that Ms. Edge send an official warning letter to the owner of Mansfield Gas Service, Inc. and the owner work with the town's Tobacco Compliance people over the next 30 days to develop a written action plan on the policies and procedures that the business will enact to prevent the sale of tobacco products to minors. Mr. McClean seconded the motion. Motion passed 4-0-0. Ms. Edge said this is a third offense for Mr. Langton and he has already paid the $300.00 fine. Scott said holders of a permit for the location and sale of tobacco and nicotine products may be subject to suspension of permit after the first offense. Suspension of the permit shall be not less than 3 days for the first suspension, not less than 7 days for the second suspension and not less than 14 days for the third and subsequent suspensions. In the event of suspension or revocation of such permit, holders shall also be subject to fines. A written warning can be given for the first offense, a $100.00 fine for a second offense and a maximum fine of $300.00 for each subsequent offense. Mr. McClean said after listening to Mr. Langton about the explanation and the systems he has in place, it is clear Mr Langton takes this seriously. Mr. Healey would like to suspend the discussion on what action would be taken until Mr. Langton has submitted an action plan outlining what improvements can be put in place to prevent this from happening again and the dates and number of offenses that have occurred in the past have been verified. Mr. McClean made a motion that Mr. Langton of Tedeschi Food Shop/Fair Winds and Following Seas prepare a written action plan that the business will enact to prevent the sale of tobacco products to minors and how he will be evaluating the procedures and policies he currently has In place and any action or judgement be withheld until the dates of previous violations have been verified and the action plan has been reviewed by the board. Ms. Wall seconded the motion. Motion passed 4-0-0. 3. Correspondence: 4. Health Agent's Report: A. Swimming Pools: Mr. Leite told the board all semi-public pools have been inspected. B. Soil Evaluator renewal: Soil Evaluators must be recertified every 3 years. Successfully completed. C. Bristol County Mosquito Control: A new web site has been set up to allow residents to e-mail requests for spraying. http://www.bristolcountymosguitocontrol.com/ D. Youth access to tobacco discussion with Drs. Hartman and Winickoff: Mr. Leite had a lengthy conversation with Drs. Hartman and Winickoff. They wanted to attend tonight's meeting but Mr. Leite suggested they wait until more data has been submitted for the board members to review. Dr. Winickoff has a lot of data and Dr. Hartman will try to get the information from the Needham study. 6 Mr. Leite asked the board members what type of data they would like to see. Mr. McClean wanted to know what the rationale behind the change is based on; is it supported by research or studies and what indication is there that the change would have an impact? Ms. Memory said in previous discussions the board did not plan to have Drs. Hartman and Winickoff return, but that the board would consider the change once more data had been received and reviewed. Mr. McClean said Drs. Hartman and Winickoff should send any new material for the board to review and then come back for a discussion. Mr. Leite said Dr. Hartman indicated he would be able to get a large number of signatures very quickly for a petition for the BOH to make the change. Mr. Leite will send a request to Drs. Hartman and Winickoff for updated data indicating that the change would have a successful impact and that the data be relevant, current and well researched. Mr. McClean said it is a valid question to ask if there is any reason to believe that the proposed change would have a positive impact? S. New Business: Variance request for 99 Oak Street. The existing two-story cape was built 60+ years ago. Owner Frederick Brown would like to demolish the existing house and construct a new single -story for a retirement house with a new septic system. The system has been designed for a 60 minute percolation rate. Mr. Leite said current town regulations for new construction allow a percolation rate of 20 minutes per Inch or more and state regulations allow up to a 60 minute percolation rate for new construction. He said if Mr. Brown decided to live in the existing house and install a new septic system because the old system had failed, he would be allowed to do so using the 20 minutes per inch rate. If he wants to build a new house with a new system, because the percolation rate is greater than 20 minutes per inch, it would become an unbuildable lot. Mr. McClean said there are many towns in Massachusetts that have a 60 minute per inch percolation rate. Mr. Leite said he would like to do a workshop before the board makes a decision on the percolation rate. Mr. McClean made a motion to grant the Variance for 99 Oak Street because the plan is in compliance with state regulations. Ms. Wall seconded the motion. Motion passed 4-0-0. Housing Inspection: Mr. Leite did a housing Inspection for mold and did not agree with the tenant about the mold issue; there was no mold present or dampness. He said a pipe had broken over the Memorial Day weekend but was repaired within 24 hours and the landlord immediately had the air quality tested by an Industrial Hygienist. The tenant had her own test done by a pesticide company that does mold remediation. Both companies said there was no mold problem and remediation was not necessary. Mr. Leite said he was harassed by the tenant during the inspection because he disagreed with her; she questioned his competence, threatened his job and said she would file a lawsuit. She has called the state — Environmental Health and Attorney General and has spoken with the Town Manager. Mr. Leite said he will only deal with the tenant in writing; he will not meet with her personally or speak with her on the phone and if another inspection is required, he will have someone go with him. 6. Old Business: 7. Adjournment: Motion to adjourn at 9:03 pm. Mr. Healey/Ms Wall 4-0-0 There will be no July or August meeting unless needed. Clerk Date All matters listed under Consent Agenda are considered to be routine by the Board of Health and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.