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HomeMy WebLinkAboutBrd of Health 08/03/2000 r r r BOARD OF HEALTH AUGUST 3,2000 , REtt\~EO - "TOWN CLERI<S OFF ICE 00 SEP 13 Aft 10: 26 MINUTES Members Present: Chairman Phil Giangarra, Clerk Jim Leonar~~S Michelle Madan A Iso Present: Health Agent, Scott Leite 1. CALL TO ORDER at 7:00 PM by Chairman Giangarra, Town Hall, 2nd floor. 2. CONSENT AGENDA a. Approval of Minutes of June I, 2000 b. Approval of Food Service Permits: Jimmy's Pub Maiuri Catering @ 11 Cabot Blvd. Village Pizza Sodexho Operations, LLC @ Motorola Ml Sodexho Operations, LLC @ Motorola M2 Sodexho Operations, LLC @ Motorola M3 Sodexho Operations, LLC @ Motorola M4 Sodexho Marriott Services @ Kendall Co., 15 Hampshire St. Sodexho Marriott Services @ Merckens Chocolate Sodexho Marriott Services @ Kendall Co. 21 Oxford St. Sodexho Marriott Services @ Helix Technology c. Approval of Food Service Temporary Permit: Hockomock YMCA, 40 Balcom St., Thurs, June-August (waiver fee) Strawberry Fields, Tweeter July 29 and 30, 2000 (signed by Agent) Flint Farm Stand Downtown, July 12, 2000 d. Approval of Snack Permit: Rum Runner e. Approval of Mobile Food Permits: Laurie McCallum, Deb's Catering, Easton Debbie Treannie, Deb's Catering, N. Easton f. Approval of Retail Food Permit: Green Earth Grocery, N. Common Marketplace g. Approval of Tanning Salon Permits: Robert Appell, Quik Tan (signed by Agent) ,Jennifer Kerr, Tropic Tan (signed by Agent) h. Approval of Funeral Home Permits: Sherman & Jackson (signed by Agent) Bolea-Amici Funeral Home (signed by Agent) .... .,.. ...... r Page 2, Minutes, August 3, 2000, Board of Health I. Approval of Disposal Works InstaUers Permit: R. Deluca General Contracting Cedar Ridge Development, Inc., Attfeboro (signed by Agent) Welch Building Corp., Eastan (signed by Agent) John DesVergnes Construction, LlC MOTION: To approve Consent Agenda. LeonardI Madan. Passed. 4-0 3. COMMUNICATIONS Action Items: 1. Itpproval of HealthCare Options, Inc. contract fromJufy 1,2000 to June 30,2001, $19,200, for services. r MOTION: To approve the contract for HealthCare Options. Inc. July 1, 2000-June 30, 2001, $19,200. LeonardI Jones. Passed 4-0 2. Request from Bob Bullock, R.J. Bullock Construction Corp, Wrentham, for a refund of $300.00 for perc and septic fees for 444 Pratt St., since the system was not necessary and town Sewer was instaffed. Facts were discussed. Mr. Bullock installed a septic system in order to sell the new house, because he could not hook up to sewer at that time due to pollution findings at the pump station on East Street. However, Mr. Bullock must hook up to sewer, when available, because he built a bathroom in the basement. The Board took no action due to lack of a motion. A letter will be sent to Mr. Bullock. r Re9uLar Items: 1. Tobacco Control Program letters re: compHance- checks on May 30th for businesses that were in violation. They are: Shell Tune-Up Center, Mascot Petroleum (Sunoco), S. Main Shell, Mansfield Variety & Deli, and Citgo. 2. Tobacco Control Program Letters re: compliance checks on .:rune 1, 2000 for businesses that were in violation. They are: Mansfield Variety & Deli, Shell Tune-Up Center, Mascot Petroleum (Sunoco). 3. IT Corporation, Aprif and June 2000 NPDES Permit exclUSion monthly discharge monitoring report for the former Gorham Silver Co. Site, 340 S. Main St. 4. HeatthCare Options, Ine., Mav and June 2.000 services rendered r Page 3. Minutes, August 3, 2000. Board of Health 5. HealthCare Options, Inc., June 9, 2000, Update of Flu Vaccine Availability 6. May and June 2000 Monthly Activities Reports for Tobacco Control. 7. Tweeter Schedule as of July 26, 2000. 8. West Nile Virus and Encephalitis Information from Internet, Mass. DPH and Bureau of Communicable Disease Report. Agent compiled. 4. Visitors At 7:30PM a Public Hearing for a violation of the Regulation Affecting Smoking and the Sale, Vending and Distribution of Tobacco, was held for Mascot Petroleum (Sunoco), Copeland Drive, for a possible suspension of their tobacco licenSe. It was the third offense selling to minors. Karen Doucette, Director NMS TCP, reported the series of violations. Mascot Petroleum did fire the clerks who sold to a minor, and paid the $100 and $500 fines. Different clerks were involved, and one clerk did ask for an I.D., but the "sting" minor does not carry an I.D. So the clerk sold anyway. Mascot did not communicate with Tobacco Control after the letters were Sent. r Attorney Oleg Nikolyszyn, Reilly & Nikolyszyn LLP, Warwick, RI, explained the policies of Mascot Petroleum and asked that a revocation of the license not occur since they cooperated and did, in fact, fire the clerks. Bob LaCrombe, store manager, said that he, too. would take every necessary measure to ensure that selling to minors does not occur in the future. Procedural policies ore in place. Pam McCormack, Area Operations Manager for Sunoco said that their policy is for the employee to sign employment agreement when hired and at every pay period. The company has considered the employee paying the fine. Member Madan asked if Sunoco conducts their own compliance checks? Yes to internal stings. First offense, three day suspension. Next time, termination. Clerks are aware that stings occur time to time. Their selling record has been good, except for this string of violations. Statistically teens sell to teens. Sunoco will agree to merchant training on company time at a place and time designated by Mrs. Doucette. Hearing closed at 8:00 PM. At 8:00PM a Public Hearing for a violation of the Regulation Affecting Smoking and the Sale, Vending and Distribution of Tobacco, was held for Osco Drug, Chauncy Street, for a possible suspension of their tobacco license. It was the third offense selling to minors. r Karen Doucette, Director NMS TCP, reported the series of violations. The $100 and $500fines were paid, different clerks were involved, but they were not fired. Instead r Page 4, Minutes, August 3, 2000, Board or Health they were trained to ensure that it does not happen again. The main office in Illinois did respond to one of the violation letters suggesting to Osco merchant training. This is the first time that there has been a string of three violations. They have had a good record. Pat Kenny, Store Manager, said that the company does have tobacco policies, reminder signs in the break room and must sign ~ form upon employment. First offense, three day suspension, next violation, termination. The clerks were suspended and retrained, rather than fired. Mr. Kenny agrees to merchant training at a time and place designated by Mrs. Doucette. Member Madan suggested that a list of clerks who violated this regulation be made and distributed to other businesses. Mr. Kenny said that the image of the store is more important than paying the fines. Member Leonard said that it truly is the store manager's responsibiCity to ensure that the regulation is not violated. Hearing ended at 8:15 PM r Agent commented that these two companies paid the fines, either fired the clerks or provided additional training-, and have their own policies, how do we punish further with suspension of their license? Member Leonard asked about the violations at Mansfield Deli and Variety on Pratt Street. Store owner, Mr. Reilly is very upset because the two stings occurred within two days and he did not have the chance to talk with his employee to correct the situation. (Same employee for both offenses.) He is appealing the -$100 fine to District Court. Stings should not occur too closely since the merchant should have the opportunity to talk with the employee and rectify the situation. MarrON: That the Board consolidate the Mansfield Variety and Deli violations into one and withdraw the second offense. LeonardI Madan. Passed 4-0 Mrs. Doucette said that three merchants are appealing to the Clerk Magistrate. Each merchant has a copy of the regulation. r MOTION: Not to suspend the licenses for Mascot Petroleum (Sunoco) and Osco Drug at this time pending mandatory merchant training at the place and time designated by the Mrs. Doucette. If training does not occur within two months, hearing will be held and r Page 5, Minutes, August 3,2000, Board of Health suspension of license will be considered. Madan/Leonard. Passed 4-0 5. Health Agent's Report a. Stearns Hill Hercules Powder Co. Dump Site: Ralph Penny, Penny Engineering has been hired as the Licensed Site Professional. He has contacted the State DEP and notified him that he will begin to proceed. b. Troy, 171 Ware St.: Septic system is in, operating, contracts in place, final package will be Sent to DEP for their approval, and then to court to release the site to Mrs. Troy. This should be accomplished sometime in September. c. Household Hazardous Waste: As Board knows, aU the money was spent at the last collection. $8,000 is in the account and Agent recommends additional funding at the Special Town Meeting. r MOTION: To submit article for Special Town Meeting for $8,000 for Household Hazardous Waste Collection. MadanI Giangarra. PaSSed. 4-0 d. Recreation Camps-Soccer: Board of Health licenses recreational camps under State law. Soccer and football camps do fit into the criteria. Camp directors or coaches are not too happy with all the paperwork that is required. Items to be concerned about are medical emergencies, lightening, lost child, etc. Camp Director has the option of using his own plan or adopting the Town's model. e. Toilet Facility Regulation: Agent distributed copies of the draft and asked the members to mark it up with their suggestions and comments. f. 23 Benefit St. Well: Irrigation well was installed. Now he wants it to be a potable water supply because his wife is environmental allergic. Agent spoke with Nancy Nevins, Fluor Daniel, and she spoke with Textron and they recommend not allowing it to be potable. They are concerned about drawing pollutants through the bedrock. There are unknowns at this time. Board asked if the permit must be granted. Agent responded that as long as it meets the regulation, yes, but he will emphasize that it is not recommended. g. West Nile ViMJS 1. Bristol County Mosquito Control 2. Avian Collection Center 3. Information far Public r .. r- Only two crows have been infected, one mosquito in Easton with EEE. Bristol County Mosquito Control chose to let things unroll before taking action. Agent bought a smarr refrigerator for office for dead birds or food that may be contaminated. The Avian Collection Center is the BOH Office and the fridge. State only wants dead crows and birds that one witnessed acting funny and then dying. Agent went to a workshop and to learn how to apply lavacide. He received his certification. h. CJ Scooters: Restaurant closed, fixed violations, opened. Have pictures. i. Great Waves: Forest Emery, Karl Clemmey's environmental consultant, Brought to Agent's attention that Great Waves is using a well on State property. It turns out this was Great Woods property that the State took to widen Rt. 140. Mr. Emery will contact District Highway. 6. Old Business 7. New Business r a. Regulation of the Schedule of Fees: Revised to include Tobacco Products and Manufacture of Frozen DessertslIce Cream. MOTION: To approve and sign Regulation of Schedule FeeS. leonardI Madan. Passed 4-0 8. Adjournment MOTION: To adjourn at 9:00 PM. leonardi Jones. PaSSed. 4-0 Respectfully submitted, Dianne Royle, Recording Secretary NEXT MEETING THURSDAY, SEPTEMBER 7, 2000 2ND FLOOR, 7:00 P.M. I"""'" c__ L 1.::'">(,,, ?'_-1.~~. Clerk ....-' ? I "7 / () () Date - '--- /'--' -~/, ( ,- (1 .. 11I1.