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HomeMy WebLinkAboutBrd of Health 01/04/2001 n BOARD OF HEALTH JANUARY 4, 2001 RECEWEO TO \~'r'~ C!, r. S OFF \eE o I FEB - G AM": 5 5 Members Present: Phil Giangarra, Chairman, Ray Martin, Clerk, Dave JO'''Af'rWIELO Michelle Madan and Jim Leonard MASSACHUSETTS A Iso Present: Health Agent, Scott Leite MINUTES 1. CALL TO ORDER at 7:00 PM by Chairman Giangarra, Town Hall, Znd floor. 2. REORGANIZATION Chairman Giangarra called for nominations -for Chairman. Member Martin nominated Phil Giangarra to serve a second term and Member Leonard seconded the nomination. There were no others. Vote was 5-0, Passed. Chairman Giangarra called for nominations for Clerk. Member Madan nominated Ray Martin for a second term and Member Leonard seconded the nomination. There were no others. Vote was 5-0, Passed. 3. CONSENT AGENDA () a. Approval of Minutes of December 7, ZOOO b. Approval of Disposal Works Installers Permits for Z001: Brunelle Contracting Co. William Moreshead, Jr. Plainville Pump & Excavating, Inc. Ferrara Construction Corp. P.A. Yonker Contracting Bertarelli Brothers d. Approval of Septage Pumpers Permits: Wind River Environmental, LLC RAGGS Septic Service, Inc., dba E.A. Comeau SanMass, Inc., dba Sani-Kan Co./Sandcastles of MA e. Approval of Haulers Permits: BF! Waste of Fall River/ Allied Waste B-P Trucking, Inc. e. Approval of Canoe River Campground Permit MOTION: To approve Consent Agenda as sumbitted. Martin/Madan. 5-0 PASSED o Page 2, Minutes, January 4,2000 r 4. COMMUNICATIONS 1. Copy letter from Karen Doucette, Health Agent for Tobacco Control to Restaurateurs, Dec. 20, 2000, reminding them that the BOH will be discussing environmental tobacco smoke regulations on Jan. 4th. 2. Copy of employment agreement for Phillip Schuster for Health Educator, Dec. 20, 2000 and sign by Mr. Schuster on Dec. 21, 2000 3. Letter from Applied Enviro- Tech, Inc., Nov. 7, 2000, re: 12 Pratt St. and the excavation and disposal of contaminated soil associated with waste oil. 4. Letter from D'Amore Associates, Inc., Dec. 21, 2000, re: 8 Shannon Lane, release of oil and/or hazardous waste that requires remediation. 5. Copy letter from DEP to Hercules, Inc., Dec. 27, 2000 re: Hercules Landfill, Stearns Ave., Notice of Non-compliance and Response to their request to extend interim deadline. 6. Letter from Town Manager, Dec. 18, 2000, inviting Board members to participate in the Future Search Conference at the Holiday Inn, Jan. 10-11, 2001. 7. HealthCare Options, Inc., November and December 2000 services rendered and ,Flu Clinic totals- 593. 8. November 2000 Tobacco Control Activities Report r 5. VISITORS At 7:20PM Karen Doucette, Norton, Mansfield, Sharon Tobacco Control Health Agent was present to review the proposed changes, e.g. smoke-free restaurants, in the Regulation Affecting Smoking and the Sale, Vending and Distribution of Tobacco. Board had no questions since the reg was reviewed at the last meeting. Present, however, was Carla Foley, owner of Ladonna Restaurant. Mrs. Foley was opposed to the amendment to make restaurants smokefree. She has a cafe side with a bar and dining room side. The dining room is smoke free, but the cafe is not. On weekends there are few people smoking because of the large number of patrons. During the week, however, there are small groups who eat and drink in the cafe on a Tuesday or Wednesday, enjoy a cigarette at the bar. Since the bar is part of the cafe, it would be very difficult to separate the two as required in the regulation. Her primary concern is losing business. Member Madan suggested that she may gain business from those who refuse to eat in a restaurant that allows smoking. She was advised that she could apply for a variance, with no guarantee that it would be granted. r "Ii! Page 3, Minutes, January 4,2000 r Agent suggested that before variances are acted upon, the Board must set standards. The regulation will be defeated if variances are granted for the five restaurants that permit smoking at this time. Member Jones said that he cannot support the regulation. He agrees with Mrs. Foley in that the Board should not be developing regulations that may hurt a business. Everyone should have a choice as to where to eat, even smokers. Mrs. Foley should have the right to run her business the way she feels is best for her patrons. This change is an undo hardship on this restaurant. MOTION: To pass the Regulation Affecting Smoking and the Sale, Vending And Distribution of Tobacco as amended. Martin/Madan. 4-1 Jones opposed. PASSED At 8:00 PM Charlotte Troy, 171 Ware Street, appeared at the meeting to discuss the housing order to make the doors at her apartment complex locking. Health Agent reminded her that she was supposed to send a letter requesting a variance. A hearing would then be held and the BOH would make their decision. Mrs. Troy agreed to return to the February 1st meeting and send in her letter requesting the variance. r 5. HEALTH AGENT'S REPORT a. Troy, 171 Ware St., Housing: Issue was discussed when Mrs. Troy was in attendance. b. 9-11 Allen St.: Owner Walter Day has not yet submitted a letter from a structural engineer stating that the addition with the fieldstone foundation is safe from collapsing in spite of the erosion of the stonewall. Even though the letter was requested by the Building Department, this issue still remains with the Health Department. Agent has filed a complaint against Mr. Day. c. 60 Pine St.: Attorney Joe Hannon is preparing the complaint against the installer who illegally repaired the cesspool. He had some difficulties since this was an unique situation. d. New Food Code: The Food Code changed in October 2000. Sixty page code has increased to 150 pages with a long list of exceptions for Massachusetts food establishments. The code is modeled after the Federal Food Laws. The person in charge of a restaurant must be certified and ultimately responsible. The certification of all managers or those in charge of food handlers is required by October 2001. r , ' Page 4, Minutes, January 4,2000 r e. Bertucci's Restaurant: Inspection made. Employees in the kitchen were quickly putting on rubber gloves and keeping them on to prepare food and put out the trash. One person was putting the trash bucket on the food prep table. They were cited. 6. OLD BUSINESS Agent gave out copies of the proposed draft Regulation Requiring Toilet Facilities. Board discussed. Agent has contacted Handi-House in Foxboro to get info on the appropriate number of port-a- jons for an event, etc. _ They primarily provide and pump port-a- jons. Agent suggested that the Board review their info and consider it for this proposed reg. Member Martin Suggested that the Agent ask for a copy of Plainville's regulation. 7. NEW BUSINESS None presented. 8. ADJOURNMENT (' MOTION: To adjourn at 8:25PM. Martin/Leonard. 5-0 PASSED Respectfully submitted, Dianne Royle, Recording Secretary NEXT MEETING THURSDAY, FEBRUARY I, 2001, 2ND FLOOR, 7:00 P.M. ~~.-.-L~7~ Clerk Date 2/ I / Lee I r ~, ~. ,'" ~- . '. -...., '-T~:"'" ~~_.; "':'_.... ~ ~ "'. -.. -, - 0-- .........-~7'~.. . -.. - '.,. ..... ',- .~..._..... - .~..".._~-- >._ r"...........,.-... ~ . -. \;,,", tIj.,..l,.;,",~ .;,~.~tl '''-:i ''j..'J.....:.. 'f . '/.,' ..." :' '. .,' .' I . .... '" ~ , '.' .