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HomeMy WebLinkAboutHEALTH01082014_201402070758Board of Health January 8, 2014 Minutes Present: Catherine Memory, Chairperson; Michael McClean, Clerk; Nancy Wall; Joseph DeGirolamo; Michael Healey and Scott Leite, Board of Health Agent. 1. Call to Order at 7:05 pm in Meeting Room 2 A/B 2. Consent Agenda Approval of December 3, 2013 minutes Approval of a Hauler's Permit Allied Waste Services of Fall River 1. F. McNamara & Sons, Corp. Waste Management of MA, Inc. Waste Solutions, Inc. Approval of a Disposal Works Installer's Permit A.G.A., Inc. All Seasons Septic Service, Inc. A.T.W., Inc Brunelle Contracting LLC Colantuoni Bros. Corp. D. Berndt Sanitation & Excavation Dyer Construction, Inc. J. Hockman, Inc. J.J. Bosse & Sons J & T Excavating Co. Joro Trust P. Beatty Excavation Robert B. Medeiros Company Scares Pumping, Inc. US General Contractors, Inc. William Moreshead Jr. Excavating Co. Wind River Environmental Fred Swain Approval of a Septage Pumping and Transportation Permit All Seasons Septic Service, Inc. B.I.G. Septic Service dba B.I.G. Septic Service Norfolk Miles of Excavating Patriot Services Stewart Septic Service Scares Sanitation Pumping, Inc. Wind River Environmental, LLC Approval of Permit to Operate a Food Service Establishment Cupcake Town Flynn Irish Pub Approval of a License to Sell Milk & Cream Cupcake Town Flynn's Irish Pub Mr. Healey made the motion to accept the Consent Agenda. Mr. DeGirolamo seconded the motion. Motion passed 5 -0 -0. 3. Correspondence: 4. Agent's Notes: S. New Business: 6. Old Business: Marilyn Edge, Director, and Sarah LeRoux, Inspector, Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative, were present. A. Mansfield Gas and Service, Inc., 54 Chauncy Street: A representative for Mansfield Gas and Service, Inc. was not present. Ms. Memory noted that Mr. Samrout received a certified letter requesting he attend tonight's meeting to provide evidence that he has complied with the board's request to provide a written action plan on the policies and procedures that the business will enact to prevent the sale of tobacco products to minors. Ms. Edge said Mr. Samrout and Mr. Patel received a written warning for a first offense. They both attended the June 6, 2013 meeting and were given the opportunity to attend a Retailer Training program. Mr. Samrout and Mr. Patel attended the training and received a packet to assist them in developing the plan. Because Mr. Samrout had lost the information, Ms. Edge sent a certified letter on October 10, 2013 with a new training packet to him. On December 6, 2013, Mr. Leite sent certified letters to Mr. Samrout and Mr. Patel regarding the policies and procedures plan and requested that both retailers attend tonight's meeting to show they are in compliance. Ms. Edge said Mr. Samrout never contacted her and the policies and procedures plan was never received. Ms. Edge said she was not sure how to proceed because the language in the town's tobacco regulations only states that the sale of tobacco products to a minor is prohibited and as far as suspending the license, the regulations do not say what the penalty would be. She said the board would need to cite a section of the regulations that states Mr. Samrout and Mr. Patel are in violation. Mr. McClean asked Ms. Edge what would be an appropriate response at this time and asked what part of the regulations the retailers have not complied with. Ms. Edge said all employees should sign an Employee Agreement which is included in the training packet. She does not know if Mr. Samrout's employees have signed the agreement because there has been no communication from him. Ms. Memory said in Article 5, Sale of Tobacco and Nicotine Products under Section 1 Retail Sales © "no retailer may sell tobacco and nicotine products to any person younger than eighteen years of age ". She said this is the violation. Ms. Edge said three stores were brought before the board in June for selling tobacco products to minors but only one, Tedeschi Food Shop, has provided the written policies and procedures. 2 Ms. Memory said Article 8 — Section 3 allows for the suspension of the 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. She said this was a first offense for Mr. Samrout and Mr. Patel and they were given other options to prevent any further penalties. Mr. McClean said the October 10, 2013 letter from Ms. Edge very clearly states that the board requests that after the training, they create an employee training policy and that the materials in the enclosed packet will assist them in developing the policy. They were asked to send the completed policy to Ms. Edge for review and the policy would then be forwarded to the Board of Health. A second certified letter was sent to both retailers on December 6, 2013, stating "on June 6, 2013 the Board of Health made the following motion regarding the sale of tobacco to a minor: Mr. Healey made the motion that Ms. Edge send an official warning letter to the owner of Mansfield Gas and 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 ". Mr. DeGirolamo asked if additional compliance checks have been done at these retail establishments. Ms. Edge said Sarah LeRoux was in the stores in July and again on October 28, 2013 for a pricing survey but no compliance check was done by the Collaborative. She said the FDA conducted a compliance check in the fall of 2013 and two establishments failed. Mr. Healey asked how the FDA checks are done and if all retailers are checked each time. Ms. Edge said typically when there is a limited number of permits in a town, all retailers are checked. Their findings are submitted to the FDA and sent to Sarah McColgan at MHOA who generates the warning letter. She explained that a warning letter is sent for a first offense on an FDA compliance check, the second offense is a $500.00 fine, with fines of $500.00- $1,000.00 for additional violations. Once there is a first offense, the violators are in a 60 day queue and are rechecked every 60 days until there are a number of passed checks. She said the FDA has a tolling period of one year and the FDA suspends the license after four violations. Ms. Memory said after providing the opportunity for a hearing, the Board of Health can suspend a permit after the first offense (Article 8, Section 3). The Board of Health shall give notice of the violation and hearing to the permit holder in writing and specifying the violation for which the permit is to be suspended. The permit shall be suspended at the end of 5 days following the receipt of the notice unless a written request for a hearing is filed with the Board of Health by the permit holder. Mr. Leite said once the permit has been suspended, all tobacco products for sale are inventoried and then packaged and sealed and removed from the premises (Article 6, Section 6 Embargo (1)). Mr. McClean said the purpose of the December 6, 2013 letter was to clarify what the board expected from Mr. Samrout and Mr. Patel. Ms. Edge's letter and Mr. Healey's motion were also clear. He suggested the suspension take effect on the Monday before the February 6, 2014 meeting and Mr. Samrout be invited to the meeting to present his plan; if he presents a satisfactory policy, the suspension would be lifted. Ms. Memory suggested a definite date be given for the suspension. Mr. Leite said Mr. Samrout should receive the 3 day suspension, with the license suspended until he produces the documents that the board requested. 3 Ms. Edge suggested the certified letter go out this Friday, January 10th or next Monday, January 13`h and the suspension begin on Monday January 27, 2014. 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. Ms. Edge noted if Mr. Samrout requests a hearing, the hearing will be on February 6, 2014. B. Four Corners Citgo, 4 South Main Street: Mr. Dinesh Patel, the manager of Four Corners Citgo, was present. Ms. Edge explained she sent a certified letter on September 18, 2013 to the retailer and Mr. Patel was present at the October 3, 2013 meeting, where the board requested that Mr. Patel 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. Patel contacted Ms. Edge on October 9, 2013, asking that she fax him the one -page Employee Agreement so his employees could sign the document. When he received the certified letter from Mr. Leite in December, he again contacted Ms. Edge, asking why he had to come back before the board. Ms. Edge told Mr. Patel he has not provided the requested plan. Ms. Edge noted that Mr. Patel failed a FDA compliance check at this location in the fall of 2013. Mr. Patel explained the employee was new and in training. Mr. Patel said he has three employees that have signed the Employee Agreement and taken a standardize test, both documents provided in the training packet. Ms. Edge said she does not know the results of the tests. Mr. Patel said for a first offense an employee would be suspended for two weeks without pay and a second offense would result in the employee being terminated. Mr. Healey said he is disappointed with the information Mr. Patel presented tonight. He said Ms. Edge has been available to assist Mr. Patel and he should take advantage of the resources this board has provided. He told Mr. Patel he is in serious violation of the policies of the town and the board needs to sees the policies and procedures that clearly define what Mr. Patel will do so his employees do not make the same mistake again. Ms. Edge said the training packet provides guidelines on what should be included in a policy and procedure plan. Ms. Wall said the plan should include who administers the training and how often the training is done. Ms. Memory suggested the training be done every three months and a record kept of the training or testing for review by Ms. Edge. Mr. Patel said he would contact Ms. Edge for assistance in developing the plan. Mr. Healey suggested each tobacco retailer be invited to a workshop to help write a policy and procedure plan for their establishment. He suggested each retailer submit a policies and procedure plan when applying for a tobacco license. 11 Mr. Healey reminded Mr. Patel that the board would be sending out a notice of suspension unless he provides a satisfactory plan. Mr. Patel can request a hearing within 5 days of receipt of the letter and return to the board on February 6, 2014 to present his plan. Mr. Healey made the motion that the Board of Health suspend the license for selling tobacco products for Four Corners Citgo, 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. Patel'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. McClean seconded the motion. Motion passed 5 -0 -0. Ms. Edge said if the suspensions go forward, she and Ms. LeRoux will work with Mr. Leite and provide all materials needed to embargo the inventory of the stores. Mr. Healey suggested a workshop be done to review the current regulations and then a meeting be held for all the tobacco retailers to explain the new regulations. Ms. Edge suggested language be added to the regulations that any FDA violations will be treated similarly to the Board of Health regulations. Mr. McClean asked about the second tobacco retailer that failed the FDA compliance check last fall and suggested they be invited to the next meeting. Mr. McClean made a motion to ask the owners of Dub's Discount Liquors, in light of their FDA violation, (F & W, Inc. dba Dub's Discount Liquors) to attend the February 6, 2014 meeting to discuss and review their policies and procedures that the business has in place to prevent the sale of tobacco products to minors. Mr. Healey seconded the motion. Motion passed 5 -0 -0. 7. Adjournment: Mr. DeGirolamo made the motion to adjourn at 8:35 pm. Ms. Wall seconded the motion. Motion passed . The next mgeting 'ill be Februa 8014 at 7:00 pm. 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. 5