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HomeMy WebLinkAboutHEALTH-02062014_201404041030Town of Mansfield Board of Health February 6, 2014 Minutes Present: Catherine Memory, Chairperson; Michael McClean, Clerk; Joseph DeGirolamo; Michael Healey; Scott Leite, Agent. 1. Call to Order at 7:01 pm in Meeting Room 2 A/B 2. Reorganization: Postponed to the March 13, 2014 meeting. 3. Consent Agenda Approval of January 8, 2014 minutes Approval of a Disposal Works Installer's Permit Guaranteed Builders & Developers, Inc. Duane Heerdt Landmarc Contractors, LLC Approval of Permit to Operate a Food Establishment The Energy Lab, Inc. Approval of a Temporary Food Permit Mansfield High School All Sports Boosters Club Relay for Life Team of Mansfield Approval of a Milk & Cream License The Energy Lab, Inc. Approval of a Tanning Salon Permit Nicole Elizabeth Salon Approval of Permit to Operate a Pushcart Attleboro Del's and Ice Cream MOTION: TO APPROVE THE CONSENT AGENDA. HEALEY /DEGIROLAMO PASSED 4 -0 -0 4. Hearings: Ms. Sarah LeRoux, Inspector, Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative, was present. Four Corners Citgo: Ms. Memory opened the hearing for Four Corners Citgo, 4 South Main Street, at 7:04 pm. Mr. Dinesh Patel, the manager of the store, was present. Mr. Patel submitted an Employee Policies and Procedure Plan. His employees will review the policies every 3 months. He said his register is equipped to alert the employee to enter the date of birth when selling tobacco products. Ms. LeRoux said Mr. Patel has done everything that was asked of him. Hearing closed at 7:09 pm. Mr. Healey made the motion to revoke the board's suspension for selling tobacco products at Four Corners Citgo, 4 South Main Street, Mansfield, MA. Mr. McClean seconded the motion. Motion passed 4 -0 -0. Mansfield Gas and Service, Inc.: Ms. Memory opened the hearing for Mansfield Gas & Service, Inc., 54 Chauncy Street, at 7:11 pm. Owner Wissam Samrout was present. Ms. LeRoux said Mr. Samrout met with Marilyn Edge and Mr. Leite to develop an Employee Policies and Procedures Plan and she is confident he will put the plan in action. He has done what the board asked him to do. Mr. Leite said this is the same plan Robert Langton submitted for Tedeschi Food Shop. Ms. Memory asked that the training be started as soon as possible and done on a quarterly basis. Hearing closed at 7:21 pm. Mr. DeGirolamo made the motion to revoke the suspension for Mansfield Gas & Service, Inc., 54 Chauncy Street. Mr. McClean seconded the motion. Motion passed 3 -1 -0 (Mr. Healey opposed). 5. Visitors: Pertaining to the Massachusetts Tobacco Cessation and Prevention Program Retail Inspection and Compliance Check. Mr. Leite said in September and October of 2013, the Massachusetts Tobacco Cessation and Prevention Program inspected retail tobacco locations in Mansfield for compliance with FDA rules. The following retailers sold to minors without checking for IDs: Cork's Fine Wine & Liquors, Family Food Mart, F &W dba Dub's Discount Liquors, Four Corners Citgo, Kanku, Inc., dba The Store, Mansfield — MA Xtra Mart, and Town News. Mr. McClean asked that each retailer describe the circumstances of the sale and what policies and procedures are in place to prevent the sale of tobacco products to minors. Cork's Fine Wine & Liquors, 390 West Street: Owner Megan Foley was present. She explained the sale occurred on a Saturday of a holiday week -end and the employee made a mistake and did not ask for ID. She said there is an ID machine in place for lottery, alcohol and tobacco products. Ms. Foley agreed employee training should be done every 3 months with employees signing the Employee Agreement. Ms. Memory asked Ms. Foley if she has a training program in place. Ms. Foley said there is a training program for alcohol which is done every 2 years. Mr. McClean suggested training for the sale of tobacco products be part of this training. This was a first offense. Family Food Mart, 660 East Street: Pranav Patel was present. He said the sale was made by a new employee. He said he continually reminds all his employees to check for ID and he plans to install an ID machine. He submitted his Policies and Procedures Plan and commented this is his first and last offense. F & W dba Dub's Discount Liquors, 30 Chauncy Street: Wayne Smith, the store manager, was present. He said the sale was made by an employee who has been with the store for a long time. He said there are visible dated calendars and a machine to scan IDs when alcohol and tobacco 2 products are sold. He said the store is very pro- active rather than re- active. Ms. Memory suggested the alcohol and tobacco training be combined. Mr. McClean asked when the training is done and Mr. Smith responded it is mostly done with new employees. Ms. Memory asked what the consequences are for an employee who sells alcohol or tobacco to a minor. Mr. Smith said if employees sell alcohol to a minor, they would probably be fired. When tobacco products are sold to a minor, they receive a warning. Mr. Smith said he and the owner would like help with instituting an employee policies and procedures plan. Four Corners Citgo, 4 South Main Street: This violation was discussed with Mr. Dinesh Patel, the store manager, at the January 8, 2014 meeting. Kanku, Inc. dba The Store, 213 South Main Street: Bhikhaji S. Parmar, the store manager, was present. He said he and his wife, and occasionally his children, work at the store. The sale was made by his wife. Mr. Parmar said he has worked at the store for 14 years and this is the first offense. He said there is a training policy in place and the register is set up to prompt the sales person to ask for ID when selling age related products. Ms. Memory said there should be a reminder every 3 months and the training should be documented. Mansfield — MA Xtra Mart (Drake Petroleum Company, Inc.), 905 South Main Street: Andrea Palmieri, Supervisor, was present. She said the sale was made by an employee who had worked at the store for two months. She noted that an employee would be suspended for 1 week without pay, but this employee is no longer employed by the store. She explained there are policies and procedures in place; there are dated calendars, employees are required to scan every ID when selling tobacco products and employees are tested on a computer training modular. She said the policies are reviewed every three months and all documentation can be viewed on -line. This was a first offense. Ms. Le Roux said several of the retailers at tonight's meeting have expressed interest in talking with Marilyn Edge, Director of the Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative, about developing a plan. Mr. Healey asked that Ms. Edge and Ms. LeRoux contact the stores. 6. Correspondence: 7. Agent's Notes: Hercules Landfill site off Stearns Avenue, Well Regulation Amendment: The regulation has been amended to include only private drinking wells. Mr. Leite said the former town manager negotiated a contract with Hercules to close this site and agreed to ban all private wells, potable as well as auxiliary wells. He said at this point the town does not have a choice because if there is no restriction on wells in this area, the town would be liable for the closure of the landfill. He noted that all these properties have access to public water and they are allowed to have a well for everything but human consumption. He said the amendment would apply to all wells town -wide but each site would have to be treated individually, because of the chemicals used and the characteristics of each site. The sites would not be listed in the amended regulations because the number of sites changes; some are closed and new ones are discovered. 3 Mr. Healey asked about Section XVII of the regulation. Mr. Leite said a violation of the regulation would not be a non - criminal disposition and any violators would be taken to court and could be fined up to $1,000.00. Town Manager William Ross said the board needs to adopt the regulation to finalize and clean up this site. He noted the amended regulation would not create difficulties for property owners because there is public water available in this area and it does not restrict the owners' ability to put in an auxiliary well. He said the agreement negotiated by his predecessor would have banned all wells in this area; the amended regulation bans only wells for human consumption within 750 feet of any identified 21E site. He said Hercules is fine with the amended restriction. Ms. Memory noted the ban would be town -wide for new disposal sites as well as identified existing sites. Mr. Leite said the restriction would be for new wells only. Mr. McClean asked if the amended regulation should state that it only applies to new wells. Ms. Memory said the regulation states no person shall dig, drill or otherwise install or construct a private well to provide water for human consumption. She asked if the regulation should state existing wells are not covered by this amended regulation. Mr. Ross said it is very clear if someone asks for a drinking water well permit within these locations, it would not be allowed. Mr. Healey asked Mr. Ross when the amended regulation would take effect. Mr. Ross replied as soon as possible. Mr. Leite said the regulations would have to be advertised and a copy sent to DEP. Mr. Healey made the motion to adopt the regulation for wells within 750 feet of a hazardous waste site or solid waste disposal facility /landfill, effective February 6, 2014. Mr. DeGirolamo seconded the motion. Motion passed 4 -0 -0. 8. New Business: 9. Old Business: Mr. Healey asked that the Tobacco Regulations be sent to each board member for review for discussion at a future meeting. The next meeting will be March 13, 2014. Reorganization of the board will be done at this time. 10. Adjournment: Motion to adjourn at 8:29 pm. Healey /DeGirolamo .Passed 4 -0 -0. d 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. C!