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HomeMy WebLinkAboutHEALTH_12052013_201401091008Town of Mansfield Board of Health Minutes December 5, 2013 Present: Catherine Memory, Chairperson; Michael McClean, Clerk; Nancy Wall; Joseph DeGirolamo; Michael Healey; Scott Leite, Board of Health Agent. Call to Order @ 7:00 pm in Meeting Room 2A /B Consent Agenda Approval of the October 3, 2013 minutes Approval of Permit to Operate a Food Service Establishment AFC Sushi @ Stop @& Shop Buffalo Wild Wings Approval of a License to Sell Milk and Cream Buffalo Wild Wings Approval of a Retail Food Establishment Permit Benny's of Mass, Inc. Approval of Permit for the Sale of Tobacco Products Wicked Vaped Approval of a Disposal Works hrstallers Permit Advanced Metals Engineering, Inc. AI's Quality Oil Co., Inc. Bay State Sewage Disposal, Inc. Bella Construction Company, LLC Christian & Feck C.J. Tibbetts Excavating, LLC Dick Morse Excavating, Inc. Earthworks Industries Ferrara Construction G. Horne Pumping Kenny Jones, Corp. Plainville Pump & Excavating, Inc. Ribeiro Enterprises Riccio Builders Robert B. Medeiros Company Rodenhiser Excavating Russo Development Group, Inc. William Moreshead, Jr. Excavating, Co. W. Walsh Co., Inc. Approval of a Septage Pumping and Transporting Permit A. Viera Disposal & Sanitation, Inc. Bay State Sewage Disposal Claude Dubord & Sons, Inc. Croome Sanitiation, Inc. Flowmaster, Corp. G. Horne Pumping J. Heckman, Inc. Parker Sanitary Pumping Pump Grump Ribeiro Enterprises, Inc. Sanmass dba Sani -Kan Portable Sanitation Soares Sanitation Pumping, Inc. Windriver Environmental, LLC Approval of Tattoo Practitioner's Permit for Offering Tattoo and Body Piercing Albert Benjamin Thompson Anna Michener Michael S. Edgerly Approval of Permit for Offering Tattoo or Body Piercing Art and Soul Tattoo, LLC Campground Permit Canoe River Campground Approval of a Hauler's Permit Allied Waste Services of Fall River B -P Trucking, Inc. Waste Solutions, Inc. The October 3, 2013 minutes were corrected: Ms. Walls was not present at this meeting and the first paragraph of page 5 contained an error and was corrected. Mr. Healey made a motion to approve the Consent Agenda. Ms. Wall seconded the motion. Motion passed 5 -0 -0. Correspondence; HealthCare Options is asking for a 2% increase in the July 1, 2014 -June 30, 2015 contract, changing the contract from an annual rate of $24,656.00 to $25, 149.00, an increase of $493.00. Mr. Leite said HealthCare Options asked for a 4% increase last year. At that time, the board voted to not accept the request and a letter was sent by Mr. Leite suggesting they bill insurance companies for the flu shots as a way to increase revenue; HealthCare Options did not response. An e-mail was sent October 2013 by Mr. Leite, again suggesting this as a way to increase revenue. He feels the 2% increase is reasonable. Mr. Healey agreed the increase was reasonable but asked that they be reminded there are alternate options to increase revenue. Mr. DeGirolamo made the motion to accept the 2% increase for the 2014 -2015 HealthCare Option contract and to send a reminder to them there is another avenue to collect revenue. Ms. Wall seconded the motion. Motion passed 5 -0 -0. Health Agent's Report: Flu Clinic: A flu clinic was held on November 13, 2013 at the Mansfield High School. Vaccines were given to 165 children and 281 adults. EHTER Training /CDP FEMA: In November, Mr. Leite went to Alabama for training for Emergency Environmental Health Training Emergency Response, including Public Health Disaster Management. Household Hazardous Waste Article: A Hazardous Waste Collection will be held in April 2014. Mr. Leite said an Article for the April 2016 collection has to be included in this year's budget and he recommended a budget of $12,000.00. Mr. Healey made the motion to request an Article for $12,000.00 for Household Hazardous Waste Collection for April 2016. Ms. Wall seconded the motion. Motion passed 5 -0 -0. Mr. Leite will be out of the office for the month of December. In case of an emergency, a neighboring Health Agent will cover the office. The Police and Fire Departments will contact Mr. Leite directly and Nicholas Riccio, Building Inspector, will cover for septic inspections. New Business: Old Business: Tobacco Violations Robert Langton, Jr, Fair Winds and Following Seas, Inc. cilia Tedeschi Food Shop 242 Chauncy Street: Mr. Leite noted that Mr. Langton has done as much as he can do to prevent the sale of tobacco products to minds and has continued to show a good faith effort. Mr. Leite said Mr. Langton has done a great job putting a good system in place. Mr. Healey made the motion to accept the plan submitted by Mr. Robert Langton, 'Tedeschi Food Shop /Fair Winds and Following Seas and there will be no further action taken on this violation. Mr. McClean seconded the motion. Motion passed 5 -0 -0. Wissam Samrout, Mansfield Gas Service, Inc. 54 Chauncy Street: Mr. Samrout is not in compliance and has not contacted Marilyn Edge. After going through training, lie was sent a packet of material but threw it away. Ms. Edge has sent tine material to Mr. Sain rout again. Mr. Leite read Article 6: Permit for Sale of Tobacco and Nicotine Products: Section 1. Permit for Location and Sales of Tobacco: (B) - "Only a person who complies with tine requirements of this regulation shall be entitled to receive and retain a permit. The Board of Health may suspend or revoke the permit for cause." He said Mr. Samrout has been given months to comply and recommends that Mr. Sanm'OUt'S license be suspended until lie complies; Mr. Samrout would receive notice of suspension and would have five (5) days to request a hearing in writing before the suspension takes affect; if the permit is suspended, an inventory of all tobacco products on site will be done and the product packaged and sealed. Mr. Healey said because this was Mr. Sanm-out's first violation, he believes the board only recommended that Mr. Samrout put in place an action plan, not that he must submit the plan or there would be consequences. Mr. McClean agreed and said he does not think it was clear in the conversation with Mr. Samrout that the board was requiring him to take these actions or the license would be suspended. Ms. Memory said the word "suspension" was not used but it was made clear that the board wanted the action plan submitted. She said the next step should be to send a letter to Mr. Samrout, letting him know that within a set time, the board needs to have a plan and, in the event it is not received, Mr. Samrout is vulnerable to suspension. Both Mr. Healey and Mr. McClean agreed it should be in writing. Mr. Leite asked if the board would like to review the letter sent to Mr. Samrout after the June 2013 hearing and have Ms. Edge investigate exactly what has been done by Mr. Samrout and if he is still in violation. Mr. McClean said because Mr. Samrout and Mr. Dinish Patel of Four Corners Citgo have admitted they have no plan in place and have shown little interest in correcting the problem, the board should send a letter requiring them to come back before the board to show what they have done to comply and, if the board is not satisfied by the progress they have made, then the board will consider suspending the license. Mr. DeGirolamo suggested another compliance check be done Mr. McClean made a motion to send a letter to Mr. Wissam Samrout and Mr. Dinish Patel asking them to come back to a meeting and provide evidence that they have put appropriate policies in place and the board will make a decision at that time about whether to suspend their license. Mr. Leite suggested failure to do so, may result in suspension of the license. Ms. Memory said failure to present a completed policy that is acceptable to the Board of Health may result in the suspension of the license. Mr. Healey said he is troubled by the fact it was a first offense and it was only recommended, not required, that the owners submit an action plan. Mr. Healey suggested sending a letter to Mr. Patel and Mr. Samrout explaining there was a misunderstanding that the plan was optional. Ms. Memory felt it was appropriate to put in language to remind the owners that the Tobacco Regulations for the Town of Mansfield include a possible suspension for unresolved violations. Mr. Leite suggested the letter should state the Board of Health expected Mr. Patel and Mr. Samrout to come into compliance with conditions that caused the violation and asked that they attend the January 8, 2014 Board of Health meeting with evidence of compliance or face a possible suspension of their tobacco license, in accordance with the Mansfield Tobacco Regulations. Mr. Leite asked that the June 6, 2013 meeting minutes be reviewed. At that meeting, Mr. Healey made a motion "that Ms. Edge send an official warning letter to the owner of Four Corners Citgo and Mansfield Gas and Service, Inc. and the owners work with the town's Tobacco Compliance people over the next thirty 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." Mr. Healey said, going forward, when a motion is made where an action will result in consequences, the consequences should be noted in the motion. Mr. Leite suggested the following letter be sent to Mr. Patel and Mr. Samrout: "On June 6, 2013, Michael Healey made a motion that Ms. Edge send an official warning letter to the owner Four Corners Citgo (Mansfield Gas and Service, Inc.) and the owners work with the towns Tobacco Compliance people over the next 30 days to develop a written action plan on the policies and procedures 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 pin to provide evidence of compliance." Ms. Wall made a motion to send a letter to Mr. Wissam Samrout, Mansfield Gas and Service, Inc. The letter will state, "On June 6, 2013, Michael Healey made a 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 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 seconded the motion. Motion passed 5 -0 -0. Mr. DeGirolamo made a motion to send a letter to Ms. Anjana Patel, President of Pour Corners Citgo. The letter will state, "On June 6, 2013, Michael 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 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. Healey seconded the motion. Motion passed 5 -0 -0. Tobacco Regulations Thoughts: Mr. Leite said there is a need for a tolling period which would give tobacco retailers an incentive to do good work and if there were no further violations, the past violations would be forgiven. He said the board could still issue fines for any violations. giving the violator thirty days to correct the violation. Mr. Healey said he is in favor of the tolling period because of the high turnover of employees. He said Tobacco Regulations need to be reviewed and updated. Adjournment: Motion to adjourn at 8:16 pm. Wall /DeGirolamo Passed 5 -0 -0. r Next meeting will be January 8 20I4`at 7:00 pm. r Cleric 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.