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HomeMy WebLinkAboutHEALTH_01082015_201504290732Board of Health Minutes January 8, 2015 Present: Catherine Memory, Chairperson; Michael McClean, Clerk; Nancy Wall; Joseph DeGirolamo; Michael Healey; Scott Leite, Board of Health Agent. 1. Call to Order at 7:00 pat. 2. Consent Agenda Approval of December 4, 2014 minutes Approval of a Hauler's Permit Allied Waste Services of Fall River B -P Trucking, Inc. Waste Management of MA, Inc. Approval of a Disposal Works Installer's Permit Advanced Metals Engineering, Inc. A.G.A., Inc. Colantuoni Bros. Corp. D. Berndt Sanitation & Excavating Dick Morse Excavating, Inc. Earthwork Industries Ferrara Construction J & T Excavating Co. Kenny Jones, Corp L & L Heating Peter DeGirloamo & Sons, Inc. Pisano General Contracting Corp. Pond View Excavation Corp US General Contratos, Inc. Wind River Environmental, LLC Approval of a Septage Pumping and Transportation Permit Pump Grump R. M. Patella, Inc. Scares Sanitation Pumping, Inc. United Site Services, Northeast, Inc. Wind River Environmental, LLC Approval of a Temporary Food Permit Motion to approve Consent Agenda. Wall /Healey Motion passed 5 -0 -0. 3. Correspondence: 4. Agent's Notes: Visitor: Cannan Fuels; Cumberland Farms, Drake Petroleum, Inc., dba Xtra Mart, Town News. Cumberland Farms: Ruthann McCarthy, Area Sales Manager, Store Manager Arthur Weeden, and employee David Hennessey were present. On Wednesday, November 26, 2014, Inspector Sarah LeRoux conducted a compliance check at Cumberland Farms #0187, 30 Chamncy Street, where an employee allowed the sale of a tobacco product to a minor without asking for an ID. This was a first offense for Cumberland Farms. Ms. McCarthy said a new employee is trained through the state - mandated "We Care' program as well as an internal program when hired and then trained annually. She said everyone under 30 years of age is asked for identification. A log book is on file. Ms. Memory asked if there was an extenuating circumstance that caused the employee to not follow procedure. Mr. Hennessey said it was the day before the Thanksgiving Holiday and the store was very busy. Ms. McCarthy noted that Mr. Hennessey took responsibility immediately and said all the employees at the store were retrained after the violation. Mr. McClean said this is the first violation since February 2008 and asked if the store has a Policy and Procedure Plan in place to prevent future violations. Ms. McCarthy said she will get the plan to the Board. Mr. Lefte asked that it be sent within 21 days so it can be reviewed before the next meeting. Discussion ended at 7:20 pin. Drake Petroleum Company, dba Xtra Mart: Store Manager James Brodeur and Andrea Palmieri, District Manager were present. On Wednesday, November 26, 2014, inspector Sarah LeRoux conducted a compliance check at Xtra Mart, 905 South Main Street, where an employee allowed the sale of a tobacco product to a minor without asking for identification. There have been four violations at this store since October 2013; three FDA violations and one Collaborative violation. Mr. Brodeur said the employee, who has worked at the store for five years, was suspended for one week without pay. He said all employees are trained through the "We Card" program when they are hired and again every six months. Ms. Palmieri said all employees at the local store as well as employees in the regional district were re- trained after the violation occurred. She said the store's Policy and Procedure Plan was submitted. Mr. Healey asked what would be done to reduce the chance a violation would happen again. He suggested they meet with Marilyn Edge of the Collaborative. Mr. Brodeur and Ms. Palmieri said they were interested in meeting with Ms. Edge for help in improving their policies. Mr. Lefte will contact Ms. Edge. Discussion ended at 7:30 pm. Town News: Mr. Dinesh Patel (Anjana Patel, President) was present. On Wednesday, November 26, 2014, Inspector Sarah LeRoux conducted a compliance check at Town News, 165 North Main Street, where an employee allowed the sale of a tobacco product to a minor without asking for identification. This is the second violation, one FDA and one Collaborative, in 13 months. Mr. Patel said on the day of the violation there were problems at the store with only one employee on duty. He said the employee, who has worked at the store for three years, was informed of the violation immediately after the sale was made. Mr. Patel said he owns three stores in Mansfield; Four Coders Citgo, Family Food and Town News. He said each store, with the exception of Town News, have registers that date check. He said he will install a new register at Town News by February 1, 2015. Mr. Patel has a Policy and Procedure Plan in place for the three stores. Mr. McClean said the Board will need documentation from Mr. Patel that the new register has been installed at the store. Mr. Leite will check. Discussion ended at 7:45 pm. Ms. Memory said this is Mr. Patel's fourth violation in 13 months but the letters sent by Ms. Edge to all the stores state it is a first offense and the letter serves as an official warning and no citation will be issued for this sale. Ms. Memory suggested that Ms. Edge look at the history of violations before she sends out the letters. Mr. McClean said the board should make the decision on enforcement after meeting with the retailer. Ms. Wall said this needs to be clarified; Ms. Edge should not issue a penalty with the letters until she has contacted Mr. Lefte about previous violations. Mr. Healey said the Violations and Actions Sections of the Mansfield Tobacco Regulations need to be amended. He said if the retailer has been notified of a violation and brought in for discussion, and the retailer has acknowledged a violation has occurred, a $200.00 mandatory fine and /or suspension should be given. Mr. Leite said the Board cannot fine the retailer for the FDA violations because it is not specified in the current Mansfield Tobacco Regulations that FDA and Collaborative violations are counted together. He asked if the Board wants the enforcement letters to come from Marilyn Edge or the Board of Health. He noted that the violators were all notified by mail but only one was told immediately after the violation occurred. He said Ms. LeRoux did not complete the forms after the compliance checks were done. Ms. Memory said the form should be completed and faxed to the Board of Health the next day. She said Ms. Edge can send a letter to the retailer that a violation has occurred but without specifying a penalty and the letter should be forwarded to the Board of Health. Cumberland Farms: Since this was the first violation since February 2008, the Board felt the warning letter was sufficient for Cumberland Farms. Mr. Leite will send a letter to Cumberland Farms. Xtra -Mart: Mr. McClean made a motion to send a letter to Xtra -Mart noting that four violations have occurred in the period between October 2013 and November 2014 and if another violation happens within 2 years, the retailer will be fined $300.00 and the license suspended for a period of time to be determined by the Board. Ms. Wall seconded the motion. Motion passed 5 -0 -0. Town News: Mr. McClean made the motion to send a letter to '['own News noting that two violations have occurred in the period between October 2013 and November 2014 and if another violation occurs within 2 years, the retailer will be fined or the license suspended for a period of time to be determined by the Board at the time of the violation. Mr. DeGirolamo seconded the motion. Motion passed 5 -0 -0. Cannan Fuels: Because the owner was not present at the meeting, Mr. Leite will visit the establishment and request he attend the February meeting. This is the first violation in 5 1/2 years for Carman Fuels. S. Old Business: Mr. Leite said the state regulations regulate smoking in the work and public places and asked if the Board wanted to delete that section from the Mansfield Tobacco Regulations. He suggested the application to sell tobacco products be improved to include information about the type and frequency of training. He said the Board might want to request that all retailers use the "We Card" training. The Board discussed the Tobacco Regulations draft and asked that the draft be sent to Cheryl Sbarro, Staff Attorney for the Mass Association of Health Boards, for review. The draft should be finalized in February. 6. New Business: The Board was reminded about taking the Conflict of Interest Test. 7. Adjournment: Motion to adjourn a 8:30 pm (D rd amo /Healey) Passed. Next nne mg w' e Februar 5, 2 15 at 7:00 pm. Clerk */Z, k— Z- -d t s— 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.