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Home My WebLink AboutBOH Minutes 1/7/1999BOARD OF HEALTH MINUTES JANUARY 7, 1999 ; -0 P ! 4 i Members Present: Chairman Jim Leonard, Gary Forget, Dave Jones, Ray Iv_farGi¢ 3 and Phil Giangarra Also Present: Health Agent, Scott Leite 1. CALL TO ORDER at 7:30 PM by Chairman Leonard in the Town Hall, 2nd Floor 2. REORGANIZATION Member Forget nominated Chairman Leonard for a second term as Chairman, if he so desires. Board voted unanimously for Jim Leonard as Chairman. Member Forget nominated Member Jones for Clerk. Member Jones declined and nominated Member Forget to remain as Clerk. Board voted unanimously for Gary Forget as Clerk. Member Martin suggested that in the future the Board rotate yearly Chairman and Clerk positions. s�K � J �� I► Y J [.1lL� I► U, l a. Approval of Minutes of November 5, 1998 b. Approval of Residential Kitchen permit: Ruth DiPietrantonio, Sweet Creations (change of name) c. Approval of Disposal Works Installer's Permits: Prosser General Contracting, Norton (1998) Prosser General Contracting, Norton (1999) U.S. General Contractors, Mansfield Bodio Builders, Inc. N. Easton Dick Shufelt Septic Maintenance, Inc., Walpole Barrows Contracting, Mansfield Claude Dubord & Son, Inc., Bridgewater Riccio Builders, Mansfield A.T.W., Inc., Sharon J.J. O'Brien & Sons, Inc., Waltham Parker Sanitary Pumping, Wrentham Grant Brothers Association, Mansfield Jones Contracting, Inc., Mansfield A. Caponigro, Mansfield Dana White, Mansfield Page Z, Board of Health Minutes Ralph Excavating, N. Attleboro Medeiros Construction, Inc.n Norton Hicks Construction, Norton John Allen Rego, N. Easton A.L. Willis Co., Inc., Mansfield Endriunas Bros., Inc., Easton J.E. Case, Inc., N. Attleboro A. Ferrara Construction Corp. Easton Guild Construction Co., Mansfield P.A. Yonker Contracting, S. Walpole Plainville Pump & Excavating, Inc., Plainville Brunelle Contracting Co., Mansfield Bruce Scott Co., Walpole Franklin Sanitation Service, Inc., Wrentham Creative Homes, Inc., N. Easton D. Berndt Sanitation & Excavation, Attleboro Chavaree & Associates, Mansfield Gino's Excavating, E. Walpole Christian & Feck, Mansfield Shamrock Homes, Mansfield Walter Warchal & Sons, Norton L.E. Solbo Construction Co., Plainville Joseph Gonsalves, Mansfield M. Pacella Excavating, Foxboro Dezotell Excavating Co., N. Attleboro Dick Morse Excavating, Sharon Davin Corp. & Emerald Home Corp., N. Attleboro Ferrara Construction Corp., Norton Abreau Bros. Trucking, Inc., Taunton Swanson Contracting, Inc., Walpole Tim Mello, Chartley Bertarelli Bros., Brockton d. Approval of Temporary Food Service Establishment Permit: Mansfield Women of Today —New Year's Eve (request waiver) e. Approval of Catering Permit: Catering by C. Scott, 391 Oakland St. f. Approval of Food Service Establishment Permit: Lori's Sunnyside Cafe, Municipal Airport Village at Willow Crossing g. Approval of Septage Pumpers: Dana A. Nash & Son, Abington Parker Sanitary Pumping, Wrentham Page 3, Board of Health Minutes Bently Porter Co., Foxboro RAGGS Septic Service, Inc., Concord Claude Dubord & Son, Inc., Bridgewater Aardvark Sanitation, Walpole Claude Dubord & Son, Inc., Bridgewater Glennon Pumping Co., S. Attleboro Soares Sanitation Pumping, Inc., Taunton Croome Bros. Sanitation, Inc., Rehoboth G. Horne Pumping, Mansfield L &R Sanitation, Norton Larry Brooks Septic, Wrentham Eveready Pumping Service, S. Easton Bruce Scott Co., Walpole L. Dumont Pumping Service, Norton Bay State Sewage Disposal, Inc., Lakeville Handy House, Inc., Foxboro All Seasons Septic Service, Foxboro Waste Associates, Inc., Plainville Joe Morriseau Sanitation Service, Plainville Podgurski Corporation, Canton Dick Shufelt Septic Maintenance, Walpole Franklin Sanitation Service, Inc., Wrentham US Liquids — Northeast, Braintree h. Approval of Haulers Permits: N.E. Ecological Development, Johnston, RI, 6 trucks Browning Ferris Industries, Fall River, MA, 2 trucks Waste Management of R.I., Cranston, RI, 5 trucks Joseph DePaolo, Ashland, 1 truck i. Approval of Canoe River Campground Permit MOTION: To approve Consent Agenda. Martin/Forget. All in favor. 5 -0* PASSES *Member Jones abstained from all DWI Permits. 4. VISITORS 7:45 P.M. Karen Doucette, Tobacco Control Coordinator, informed the Board that she is surveying restaurants for their compliance with the non- smoking percentage. Obviously smoke -free restaurants do not apply; however, those that allow smoking appear to not comply with the 75% vs. 25% ratio. Some restaurant owners have suggested that if the BOH mandated smoke -free restaurants, this confusion would not exist. Agent suggested that she revisit these restaurants and ask the owner to sign a statement to encourage BOH to amend regulation to smoke -free restaurants. Page 4, Board of Health Minutes Chairman Leonard left meeting at this time for the remainder of the meeting. Another sale to a minor occurred at the Citgo Gas Station on corner of Pratt and Hope Streets. Mrs. Doucette offered training for the employees. The non - criminal disposition has been in effect since November 1997, six compliance checks conducted at the Citgo and two violations. The last violation, extortion was involved. Clerk told underage buyer that the cigarettes would cost more since she was underage. The owner was fined $100.00. Payment has not yet been received. If the fine is not paid, a letter will be sent to him immediately to appear at a hearing for suspension or revocation of his license to sell tobacco products. Member Martin said that this is a repeated pattern from this business. Health Agent suggested that Mrs. Doucette inform owner that compliance checks at his business will be accelerated. December 1998 report of activities was given to each member. The hearing on a Order of Correction scheduled for 8:00 PM for Philip Nievergelt, landlord at 136 Rumford Ave. has been postposed to February 4, 1999 at the request of Mr. Nievergelt. At 8:30 PM a hearing for Violation of the State Sanitary Code at Classic Pizza, owner Bob Tsapanidis was opened. Mr. Tsapanidis was not present. Agent briefed Board on finding evidence of smoking in the food preparation area three times. The hearing was originally scheduled for December 3, 1998, but no quorum was achieved and Mr. Tsapanidis was present. Health Agent's recommendation is a two -day suspension of his Food Service Permit. Member Martin expressed concern that Mr. Tsapanidis did appear on December 3`d and that he would support a one -day suspension. Member Giangarra agreed. Hearing closed at 8:40 PM. MOTION: To suspend the Food Service Permit for Classic Pizza for one day to be designated by the Health Agent. Martin/Giangarra. All in favor. 4 -0 VOTED. Agent said that he would offer Thursday, January 21, 1999. 5. COMMNICATIONS 1. Mass. Association Health Boards annual renewal, $50.00. Vote required to renew membership to MAHB for $50.00. Members discussed the value of the membership and agreed that the organization did not represent a broad spectrum of health issues. MOTION: That we not renew membership with MAHB for July 1, 1998 to June 30, 1999. RM/GF. All in favor. 4 -0 VOTED 2. CVNA October, November, and December 1998, Reports of Services. 3. CVNA Flu Clinic Report, 569 individuals immunized. Page 5, Board of Health Minutes 4. CVNA 1999 Cholesterol/Health Promotion Clinic Dates 5. DEP to Town Manager, Nov. 25, 1998, re: Permit approval with conditions, Landfill Major Modification Post - Closure Monitoring Plan 6. DEP to Town Engineer, Nov. 23, 1998, re: Water Pollution Control, Compost Blending Proposal, Classification and Utilization 7. NMS Tobacco Control Program October and November, 1998 Reports. 8. Copy fully executed contract between Town of Mansfield and Dept. Public Health for Tobacco Control, October 1, 1997 to June 30, 2000, $150,357.53. 9. Community Care Service (formerly Versacare) Fall 1998 newsletter. 10. Textron, Inc., Phase IV Final Inspection Report for the former Gorham Silver Company Site, dated December 22, 1998. 11. November 1998 NPDES Permit, Monthly Discharge Report for former Gorham Silver Co. Site, December 31, 1998. 12. Notification of Availability of the Phase IV Final Inspection Report, former Gorham Silver, 340 S. Main St., January 4, 1999. 13. Memo from Philip Nievergelt, January 5, 1999, requesting new date for hearing on housing violations at 136 Rumford Ave. 6. HEALTH AGENT'S REPORT a. 9 -11 Allen St.: Owner Walter Day completed work adequately. Continuance at court was not necessary. b. 135 Church St.: Michael DeGioia, owner. Arraingment was postponed. Pre -trial on January 12'h. Two items remain. Soffet on the eaves must be repaired and a contract must be submitted showing the date certain for repair and the building permit. Mr. DeGioia called for an inspection when tenants were away. Agent refused to inspect without tenant's permission, so inspection was done January 7, 1999. Mr. DeGioia told Judge that stairs were complete on November 30, 1998; they are not yet done. Agent called contractor and he could not tell Agent when the stairs would be completed. We are beyond the good -faith date of when it should have been done. Agent's inclination is not to dismiss this and go forward with the pre -trial conference. Asbestos has been cleanup legally. Violation with stair treads in that they are too narrow and uneven. c. 171 Ware St.: Judge immediately ordered property under receivership. Lorell Management of Mansfield will take over. Mr. Troy requested a court date; did not show up because he had date wrong. Judge cautioned him to keep track of the date that he had requested. Agent sent a letter to each apartment to notify them of the Judge's order. Lorell Management must submit a report January 19, 1999 and meet with the Judge. Does not look good to get a quick fix. Rents may not be enough to pay for the repair of the system. Judge issued the order of receivership and Agent sent a copy to each tenant. Page 6, Board of Health Minutes d. Hatheway & Patterson Dioxin Update: Fish samples were taken from Fulton Pond. Results should be here soon. Fulton was chosen since it's in the middle of the water chain that may be affected. e. Ro- Jack's Food Store Violation: First violation several weeks ago, outdated dairy products were removed from the shelves. Recently, more outdated items were pulled. Agent met with a Corporate representative and was told that a manual would be developed and Agent will have the opportunity to review and comment. Agent will monitor more closely. If this violation occurs again, a hearing will be held. L Cheng Du Restaurant: Salmonella was diagnosed in two families, total of five people. Agent concluded that it could have come from beef terriaki (marinate) or pork fried rice (eggs). The food may not have been cooked enough or cross contamination occurred. After much investigation, Agent limited the contamination to the egg product. Mass. Food and Drug Administration was also involved, and Agent was closely involved with Cheng Du. CVNA, Nurse Chris Delano, did the investigations of the people who had the food poisoning. g. Household Hazardous Waste Location & Funding: Will be held on a Saturday in April at Great Woods Center for the Performing Arts. Presently $22,000 is in account. Agent recommends that no additional money is necessary at this time. Member Giangarra asked if it was possible for Mansfield Green to also take antifreeze. They take motor oil. Agent will ask DPW. h. Annual Report 1998: Agent mentioned the dioxin contamination from Hatheway & Patterson, water ban and well permits, household hazardous waste day, Community Visiting Nurse Agency health clinics, and a thank you to Nurse Chris Delano for an outstanding job through the years. i. QMS Air Quality during Construction: Agent received several calls from parents who are concerned about the dust caused from construction because they have asthmatic children who are having difficulty breathing during school time. Agent contact School superintendent who hired a consultant. Agent met with consultant at the middle school. He will develop an integrated approach to reduce dust, exposed fiberglass, consider floor care products, and reduce all triggering elements that are affecting these children. Report will be out soon and Health Dept. will receive a copy. 7. OLD BUSINESS None presented. 8. NEW BUSINESS a. Chairman: Start Meetings @ 7:00 PM ?: MOTION: To begin BOH meetings at 7:00 P.M. starting February 4, 1999. Martin/Giangarra. All in favor. 4 -0 VOTED Page 7, Board of Health Minutes b. Health Agent: Since Board meets once a month, Agent asked for permission to sign a permits for someone who may want to open a food service establishment or install a septic system for a repair. Member Martin objected in that he felt that authority would be taken away from the Board and that the present system of calling the Chair or Clerk (if Chair unavailable) seems to work fine. Members Forget and Jones had not problem with the change. MOTION: To table until next meeting when Chairman is present. Martin/Giangarra. All in favor. 4 -0 VOTED 9. ADJOURNMENT Clerk MOTION: To adjourn at 9:10 PM. Martin/Giangarra. All in favor. 4 -0 PASSES Respectfully submitted, Dianne Royle, Recording Secretary NEXT MEETING: THURSDAY, FEBRUARY 4, 1999 2P1D FLOOR 7:00 P.M. STARTING TIME Date