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HomeMy WebLinkAbout2017-09-06 Board of Health MinutesOF$ O r x Town of Reading b Meeting Minutes r Board- Committee -:Commission - Council: Board of Health ril l E ii TU,d ! GLEll �;i . 1t.L�i-��i13. 1011 SEP 25 A II: 2b.' . .Date: 2017-09.-06 ..Time:. 5:30. PM Building: Reading Town Hall Location: Berger Room Address: 16 Lowell Street Session: Open Session Purpose: General Business Version: Attendees.: Members. - Present: - Chair.John Costigan, Kevin Sexton, Heidi Pfeifer Nancy Docktor, Associate Members - Not Present: Others Present: Assistant Town Manager Jean Delios, Dan Ensminger; Laura Vlasuk; Bob Bracey Minutes. Respectfully Submitted By:- Kim M Saunders Topics of Discussion: Chairman John Costigan called the meeting to. order at 5:30 PM Mr. Costigan introduced the new. Board members. He explained Mr. Kevin Sexton and Ms. Heidi Pfeifer were appoi.nted as Board members at the Board of Selectmen meeting last night and sworn -in by the Town Clerk. The Board members gave a brief personal and professional history. Mr. Costigan acknowledged the resignation of Beth 'Shurland and thanked her for her service to the Board. Ms. Nancy Docktor arrived at 5:35 PM. Mr. Dan Ensminger a Board of Selectmen member recommended the Board nominate a Chairman and 'Vice Chairman. The Assistant Town Manager Jean Delios requested a motion to nominate a member for the Board of Health Chairman. On a motion by Mr. Sexton, seconded by Ms. Pfeifer, the Board of Health nominates Mr. Costigan as Chairman. Motion was 3-0-0. On a .motion by Mr. Costigan, seconded by Ms. Pfeifer,_ the Board of Health nominates Mr. Sexton as Vice Chairman. Motion was 3-0-0. Page i 1 Mr. Costigan explained to the Board, all communication is directed from them through Town staff. Ms. Delios is currently the contact since Bob Bracey the part-time Interim Health Agent. Ms. Docktor confirmed the former full-time Health Agent was the direct contact and facilitated his own emails. Ms. Delios, Ms. Laura Vlasuk- and Bob Bracey were introduced. After Mr. Costigan asked if anyone had any questions on the procedure, he continued the meeting. Health Agent Mr. Costigan read a personal statement and gave his opinion on the recent events that occurred with the Board and Town during the hire of Ms. Vlasuk. Mr. Costigan read Title 16 of the Massachusetts General Law, Chapter 111, Section 30. He said he agreed with the statement Ms. Shurland made at the Board of Selectmen meeting on Tuesday night; the communication from the Town has been eschewed since the former Health Agent resigned six months ago. Ms. Pfeifer asked if Ms. Vlasuk would be a full-time employee. Mr. Costigan answered she is a full-time employee. Mr. Bracey said he is currently working 15-20 hours with additional time training Ms. Vlasuk. Mr. Costigan explained Mr. Bracey has the power to act on the behalf of the Board of Health. Mr. Costigan stated it is important to the Board of Health to have a Health Agent. He asked for a motion to appoint Ms. Vlasuk as a full-time Health Agent. On a motion made by Mr. Sexton, seconded by Ms. Pfeifer, the Board of Health appoints Laura Vlasuk as the Health Agent. Motion was 3-0-0 Ms. Pfeifer asked if Ms. Vlasuk was hired by the Town Manager. Mr. Costigan replied Ms. Vlasuk was hired by the Town, but the Board is required to appoint a Health Agent. Ms. Vlasuk affirmed Mr. John Fralick is a Health Inspector for the Town. She requested the Board appoint Mr. Bracey as a Town Health Inspector. Ms. Docktor requested verification that a concern that occurred while Mr. Bracey was Health Agent can be discussed once he becomes a Health Inspector. Mr. Costigan agreed it can be heard later in the agenda. On a motion made by Mr. Sexton, seconded by Ms. Pfeifer, the Board of Health appoints Bob Bracey as a Town Health Inspector. Motion was 3-0-0 Cafe Pavarotti Mr. Costigan gave a brief history of Cafe Pavarotti. He said when the restaurant changed ownership Steve DiLauro the former Health Agent inspected the business. He found the vent that goes to Haven Street was not up to the Health Code. The grease spill was onto the sidewalk. The Board of Health requested the owner correct the grease spillage immediately. They asked for plans to be submitted within six months on how the vent will be fixed, and implemented within a year..He said there is a concern as of July the owner has not made any changes to the vent. Mr. Bracey said the owner did meet the deadline to submit the plans to the Board. Mr. Costigan said he discussed the violation with Glen Redmond the Commissioner of Buildings and Paul Jackson the Assistant Fire Chief. Mr. Redmond said he was not approached by the Health Department regarding this concern. The vent is grandfathered and up to the Building Code since there has been no permitted renovations at the business. Page 1 2 Mr.. Costigan stated Mr. Jackson informed him'the business is inspected twice a year and is up to the Fire Code. Mr. Costigan gave his opinion instituting action to the owner of the restaurant who has worked with the Town is unfair. He asked for clarification on a "shelf" that was recently installed. Mr. Bracey forwarded the Board an email from him regarding Cafe Pavarotti. He said at the direction of the Board, he previously inspected the business and met with Mr. Jackson. He recently did an inspection with Ms. Vlasuk. He explained it appears the seal inside the vent is where the grease drips down. The owner contacted a HVAC specialist and a drip pan was installed to stop the spill onto Haven Street. Since the installation there have been no complaints. Mr. Bracey recommended the Board allow the business the opportunity to maintain and not inflict a hardship on the owner. Mr. Sexton asked about the mechanical system and if there is an internal trap that should be cleaned. Mr. Bracey explained a current vs old venting system. Mr. Sexton asked if the building owner is aware of the violation. Mr. Bracey replied the owner of the building was notified by the restaurant owner to figure out who would be responsible to fix the violation. Mr. Bracey reiterated the grease is not from the vent, it is because of the seal. He added the restaurant owner made the correction suggested by the HVAC specialist without a complaint. Mr. Sexton asked if the business was closed down by the Board. Mr. Costigan replied it was not closed down; the Town is working with the business. Mr. Costigan asked the Board to rescind the order that was previously issued. He requested inspections that have been done at the restaurant be forwarded to the Board. Mr. Bracey suggested as a solution, the owner maintain a log that shows a professional company cleaned and inspected the interior and exterior of the business. The interior could be done quarterly rather than the required 2x a year. The log should be submitted to the Health Agent as proof of the interior and exterior cleaning of the building. Ms. Docktor asked for an invoice proving the damage to the siding was repaired; this will help verify if there is any new damage. Mr. Costigan requested Ms. Vlasuk to verify bi-annually the inspections are being maintained by a professional company. Ms. Vlasuk will follow up with the Fire Department for reports the restaurant submitted to them. Ms. Pfeifer asked if the Fire Department is aware of the grease in the wall and does it have to be removed. Mr. Sexton commented if . the vent is installed up the side of the building it could be expensive. Mr. Costigan agreed with Mr. Sexton and stated because of the residents _it cannot go' in the wall. Mr. Sexton questioned if a motion is needed to rescind the Order issued by the Board. Ms. Pfeifer agreed as long as the owner is maintaining the problem as the best as they can in an older building. On a motion made by Mr. Sexton, seconded by Costigan, the Board of Health approved to rescind the Order issued to Cafe Pavarotti to replace the HVAC hood ventilation system. Ms. Pfeifer stated as long as the venting system is up to Fire and Building Code. Motion was 3-0-0. Ms. Vlasuk will bring the receipts from the cleaning company to the next BOH meeting. Page 1 3 Other Ms. Docktor,said she reviewed the camp inspections and licenses that she requested from the Town. She brought forward her concern only one inspection submitted was signed by a Town Health Inspector. The licenses issued were signed by Mr. Bracey. She said she _ contacted DPH to assure the Town is in compliance: She does not know if the camps will need to be notified of the inspection not being signed. Ms. Docktor added she believes Ms. Pierce the former Public Health Nurse was not an employee at the time the camps were reviewed and her name is noted on the records. She asked how to legally rectify these concerns. Mr. Bracey explained the process the Town of North Reading adheres. He said an inspector does the field work and submits the inspection and the Director approves the permit to be issued. He said he is licensed along with Mr. Fralick and Ms. Vlasuk to inspect. Ms. Docktor said her concern is the inspection reports are not signed. Ms. Pfeifer questioned if they were initialed. Mr. Bracey stated he will review all documents with Ms. Delios and the results will be presented to the Board. Mr. Sexton asked if Ms. Pierce can be contacted. Mr. Costigan replied Town Counsel advised at the Board of Selectmen meeting Ms. Pierce cannot be contacted. Mr. Bracey summarized the protocol of the Town of North Reading. when reviewing camp records. Mr. Dave Williams, a State employee who writes camp regulations agrees with this review. Mr. Bracey said it is the responsibility of the permit holder to ensure through their health care consultant the camper meets the requirement of immunization. It is a courtesy the Town nurse glances through the records. Ms. Pfeifer said previously the nurse brought home the records to assure the immunization requirements. Mr. Bracey said the records are not always submitted to a Town. Ms. Docktor asked Mr. Ensminger if he could present the proposed Pesticide Regulation to the Board of Selectmen, or does he need a motion from the Board. After clarifying with Ms. Docktor, Mr. Ensminger asked for a motion. Mr. Costigan gave background why the Board moved forward in creating a Pesticide Regulation. He said Town residents approached the Board with their concern the Town tree lawns and sidewalks were being sprayed with herbicide. These could be toxic to people and animals.. As a starting"point, the Board reviewed the Town of Marblehead regulation. Mr. Costigan said Town Counsel gave his opinion on the draft regulation and suggested changes. Town Counsel stated Wendall vs. Massachusetts Law in the opinion. Mr. Costigan summarized it states the Board does not have a right to create this regulation. The Board edited the regulation and resubmitted to Town Counsel. Town Counsel gave an opinion the BOS would need to implement a policy pesticide spraying will not be allowed on Town land. Mr. Sexton asked whose opinion the Board sought to get information on the regulation. Ms. Docktor added she contacted the Tree Warden and Assistant Director of DPW. She reminded Mr. Costigan to forward the Assistant DPW the draft regulation. Ms. Docktor said the Board originally was going to have a public meeting in August to get feedback on the regulation. She asked Mr. Ensminger what direction the Board should follow since Town Counsel stated BOS is the responsible Board. Mr. Ensminger said a motion will help direct the BOS. Mr. Costigan added the Board is looking for a "blessing" from the BOS. I The Board discussed what should be considered a tree lawn. Mr. Sexton said there are properties that the tree lawn extends right up to the property line and there is no sidewalk separating the resident property from Town. He stated this is the first time he has heard of the regulation. Ms. Docktor said there has not been a meeting to inform, but there have been articles in the newspaper to educate the public. Mr. Sexton questioned if the Board sought opinions from residents and tree companies to receive. opinions of the proposed regulation. Mr. Sexton said he likes to qualify the source. He asked for clarification on what the Board is requesting from the BOS. Ms. Docktor replied permission to implement the policy.. Mr. Sexton added over Town land. Mr. Ensminger said it cannot be part of the regulation, but as requirement of a .property owner. He requested specifics it entails and what prohibition. Mr. Costigan said the proposed fine was reduced by Town Counsel. He Page 1 4 suggested continuing this discussion at the next meeting. Mr. Costigan will forward the draft Pesticide Regulation to Ms. Vlasuk and she will forward to Mr. Sexton and Ms. Pfeifer. Ms. Docktor recommended the members review Marblehead, Weston and Wellesley regulation. Mr. Costigan said the next scheduled meeting is on a holiday and the Board will need to meet before sundown or reschedule. The Board agreed to reschedule the meeting to September 19, 2017. Mr. Costigan recommended State and Town Public Health resources for the Board. Ms. Delios confirmed the Board will communicate through Ms. Vlasuk. She informed the Board the Town has posted a part-time position for a Public Health Nurse and Health Consultant. On a motion by Mr. Sexton, seconded by Ms. Pfeifer, the Board of Health adjourned at 6:22 pm. Ms. Pfeifer asked for the dates of future Board of Health meetings. Mr. Costigan said the Board usually meets the 3rd Wednesday of a month. Motion was 3-0-0 Page 1 5