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Home My WebLink AboutBrd of Health 04/05/2001 ~ r BOARD OF HEALTH APRIL 5 I 2001 _ , RECEIVED I 0 Wr~! CU~R!(S OFF ICE o I MA Y 25 AM II: 08 Members Present: Ray Martin, Acting Chair, Michelle Madan, ActP19\~5f~~fYid Jones Also Present~ Health Agent, Scott Leite MASSACHUSETTS MINUTES 1. CALL TO ORDER at 7:05 PM by Acting Chairman Martin, Town Hall, 2nd floor. r 2. CONSENT AGENDA a. Approval of Minutes of March 1, 2000 b. Approval of Disposal Works Installers Permits for 2001: David Garner, Garner Excavating, E. Freetown John J. Clarke, Garner Construction, W. Bridgewater Paul F. Young, Weston Aldo Ruscito, A.G.A., Inc., Milton Donald Pettes, Millis c. Approval of Septage Pumping and Transporting Permits: All Seasons Septic Service, Inc. Johnny Flo Septic Treatment, Inc. Wind River Environmental, LLC (replace 4 trucks) d. Approval of Funeral Home Permits: Sherman & Jackson Funeral Home Amici Funeral Home e. Approval of Food Service Permit: Dunkin Donuts (at Stop & Shop) Agent recommended the addition of West Mansfield Variety, change of ownership. Check has not yet been received but the application has been filed with this office. MOTION: To approve Consent Agenda with the addition of West Mansfield Variety, Elm St. (change of ownership) Madan/Jones. 3-0 PASSED 2. COMMUNICATIONS 1. Letter from CH2Mhill, Feb. 28, 2001, re: Notification of the Post RAO Operation, Maintenance and Monitoring Report for North American PlasticS. 2. Copy letter from DEP to Kurt Gaffney, Water Dept., March 22,2001, re: Public Water Supply, Pilot test proposal for Dustin Well #7 and Prescott Wells #8 and 9, proposal r- approval. r r r ~ Page 2, Board of Health Minutes, April 5, 2001 3. Copy letter from DEP to T.S. Truck Service, Inc., March 29, 2001, for UST Overfill at Mansfield High School, Notice of Responsibility, Release and/or threat of release of oi I or hazardous material. 4. Letter from Applied Enviro-tech, Inc., March 23, 2001, to BOH re: 12 Pratt St. and a Release Abatement Measure (RAM) Status Report submitted to MA DEP. 5. Copy letter from DEP to Elizabeth Giordani, Sharon, MA, March 15, 2001, 297-301 North Main St., Notice of Noncompliance for cleanup of oil and hazardous materials. 6. The IT Group monthly report for former Gorham Silver Co., S. Main St., January and February 2001. 7. HealthCare Options, Inc., January 2001 Report of Services. 8. Letter to Scott Leite from Dept. Food and Agriculture, March 14, 2001, thanking him for his support for the recent DEP grant proposal, An Ecologically Sensitive Approach to Pesticide and Fertilizer Use. 9. Notice of Public Hearing for Interbasin Transfer Application for proposed Foxborough Witch Pond Well, Thursday, March 29th, and Thursday, April 5th. 10. Copy of letters from Karen Doucette, Program Director Tobacco Control, March 20, 2001 to Tahana Restaurant and Ladonna Restaurant, re: continuance of theirhearings on April 5th. 5. VISITORS At 7:15 P.M. Acting Chairman Martin reconvened the hearing for a variance from the Regulation Affecting Smoking and the Sale, Vending and Distribution of Tobacco, for Ladonna Restaurant. Carla Foley, owner, presented a letter, April 4th, stating her reasons for the variance. Her intentions are to continue the dining room non-smoking (as it always had been) and to redesign the cafe to a larger lounge and smaller eating area with a bakery. She hopes to finish the work by the end of September. She presented a plan showing the three separate ventilation systems that do not overlap each other. The design of the present cafe will make it easy to remodel: however the estimated cost could be as high as $150,000. Therefore, she would like to actually begin construction in the summer, which is the slowest time, and hopes for a busy spring season. At present she is experiencing a loss of business on Monday-Thursday, which are the days that the businessmen from the surround business parks and hotels frequent for their business dinners. Many of them have chosen to eat someplace else because of the no smoking in the cafe. Their enjoyment was to have a cigarette at the bar or at the three tables adjacent to the bar. ~ Page 3, Board of Health Minutes, April 5, 2001 r This past winter was not as busy as usual because of the snow. Thirteen out of fifteen Fridays had snow and the restaurant waS closed three days because of snow. That made an impact on her sales. She also said that children under 18 would not be allowed in the lounge or the "Carla" room where smoking will be allowed. Dennis Baker, 27 Jacob Drive, spoke in favor of the variance. He and his wife frequent Ladonnas and are not offended by the smoking at the bar. The ventilation system does a great job eliminating the smoke from the bar area. Carla will also install an exhaust fan near the bar to vent outside. That will eliminate even more smoke from this area. She also contacted the Mass. Restaurant Association and asked them to lobby for all restaurants and bars to be non-smoking in the Commonwealth. They had already contacted Tobacco Control and were told that they were not interested in that approach. The next approach could be to the State Legislatures to enable legislation for all smoke-free restaurants and bars. Karen Doucette, Program Director Tobacco Control, cautioned that the Legislation may be considering legislation for smoke-free restaurants and bars, and that Carla may not want to invest this much money now if smoking may not be allowed in the future. Carla replied r that she must think of now and not what may happen. The restaurant needs a new look anyway. Hearing closed at 7:46 P.M. MOTION: To grant a variance to June 30,2001 to see what progress has been made and to reevaluate after that date. Madan/Jones. 3-0 PASSED At 7:47 P.M. Acting Chair Martin reconvened the hearing for a variance from the Regulation Affecting Smoking and the Sale, Vending and Distribution of Tobacco, for Tahana Restaurant, Oakland Street. Peter ~han was presented and requested a one- week's extension of the variance. Because of the consistent snow, the roof ventilation had not yet been installed. Acting Chair suggested to the Board a month's extension to allow for the completion of the remodeling. Hearing closed at 7:48 P.M. MOTION: To grant a one-month extension to May 5, 2001. J ones/ Madan. 3-0 PASSED r ~ Page 4, Board of Health Minutes, April 5, 2001 r Mrs. Doucette gave a copy to each Board member of the latest survey of restaurants that have become smoke-free. 5. HEALTH AGENT' 5 REPORT r a. Hercules Dump Site, Stearns Ave: CDC TSDR has issued their final report and has determined that there is no health threat to the neighborhood nor is it connected to the seizures that a couple of the neighbors have experienced. b. 60 Pine St.: Septic is under construction. The installer from Brockton has settled out of court and paid the town of Mansfield a total of $1,300 including legal fees. c. Household Hazardous Waste Day: Date is April rh at Tweeter Center from 9:00 AM to 3:00 PM or until funds run out. Finance Committee questioned the need for additional money and Agent replied that the Town has grown in population. d. West Nile Virus: Pesticide Board has reissued larvacide licenses from 2000 in case they are needed this year. The Agent read that there is a discrepancy in the degree of seriousness of West Nile Virus between the Center for Disease Control (CDC) and the Mass. Dept. Public Health. e. 180 Otis St.: The owner has submitted an article at Town Meeting to address the situation with the septic system and the street boundary line. f. Walter Day, Allen St.: Mr. Day has requested a hearing for the latest housing violations at 9 Allen Street. Since, law must hold the hearing held within 25 days of receipt of the request, the Board must meet before the next regular meeting. Board agreed to meet on Thursday, April 26th and not meet the first Monday in May. 6. OLD BUSINESS a. Regulation for Toilet Facilities; Board will discuss the proposed regulation requiring toilet facilities when there is a full Board. b. Regulation of Body Art; Agent visited a Tattoo Parlor in Rhode Island and found it to be worthwhile going. He was given a copy of the R.I. Law and after reading it, wants to incorporate some of the stipulations in the RI Law into the proposed BOH regulation. Each member will be sent a copy of the RI Law. Some of the differences are: (1) competency test: (2) change of ownership require new test: (3) photograph of the practitioner on license: (4) separate license for body art /body piercing: (5) prohibit customers with open cuts, oozing blisters, etc.: and ~ r r r- I ." Page 5, Board of Health Minutes, April 5, 2001 (6)handwashing stations must have faucets that turn off automatically. Board will review. 7. NEW BUSINESS 8. ADJOURNMENT MOTION: To adjourn at 8:00 PM. Martin/Madan. 3-0 Voted Respectfully submitted, Dianne Royle, Recording Secretary NEXT MEETING THURSDAY, APRIL 26, 2001, 2ND FLOOR, 7:00 P.M. c~-J/A~ -Y/~C/OI Date