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HomeMy WebLinkAbout2017-08-16 Board of Health Minutes i Town of Reading Meeting Minutes �a 'aaalY[PP Board - Committee- Commission - Council: 2018 t:U! -8 P' 13 Board of Health Date: 2017-08-16 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: John Costigan, Beth Shurland, Nancy Docktor-Associate Members - Not Present: Others Present: Dan Ensminger, Board of Selectmen Liaison, Laura Vlasuk, Kyle Knipa Minutes Respectfully Submitted By: Darlene Foley — £drfe.ot by J.aura V/¢sak Topics of Discussion: Board of Health meeting came to order at 5:31 pm on August 16, 2017 In the Berger Room of Reading Town Hall. Minutes Minutes of July 19, 2017 were presented. Costigan inquired about the executive session minutes of the same date. Docktor stated the minutes had to be kept separately and had been submitted to the town clerk. Shunand asked when the minutes could be released. After the minutes are reviewed and voted on, the board can then decide when to release. Docktor requested the minutes be corrected to read Attorney General's office rather than District Attorney's office throughout. Motion was made by Docktor to accept the minutes of July 19, 2017 with the corrections; seconded by Shurland. Motion passed 3:0 The minutes of August B, 2017 were tabled until the next meeting. Chair Report Ili The Town Manager contacted Costigan on July 22n0 regarding a town employee potentially being diagnosed with meningitis. The employee had performed work at the high school, where school was not in session and there was not any food preparation taking place at the time. However, the employee did have contact with people. Castilian Immediately contacted the Department of Public Health Epidemiologist and communicated throughout the weekend with the Town Manager. On Monday he met with the Town Manager, Superintendent of Schools, Facilities Manager, Director of School Nurses, and the Laum Vlasuk meal+} Alien E to discuss a response plan. The town manager advised Costigan the employee had improved and returned to work July 31". Although Costigan had not received an official notification from the state epidemiologist as of August 7th, he was confident It was viral and not bacterial and did not pose a public health emergency. The case was not reported to Reading because the employee did not reside here. Costigan will follow up with Suzanne Swansburg who Is covering the public health nurse duties. Docktor inquired about the status of the public nurse position. Costigan stated he had not heard anything yet. had Page I 1 update—. Costigan contacted the offices of Senator Jason Lewis and Representative Brad Jones regarding the status of House Bill 2864. Costagan stated that he was Informed that things in August are rather slow and that It is the bill Is still in committee. Costigan Impressed upon them how much the Reading Board of Health supports this bill. Costigan Inquired about a sewer backup that occurred at Caffe Nero. Docktor stated she had received a call from Darlene Foley at 4:30 pm regarding an overflowed toilet at Caffe Nero on Main St that flowed Into a downstairs dining area at Venetian Moon that is also on Main Street. Vlasuk had been working with Chris DeCloux at Cefe New on the Issue. Once John's Sewer, the pipe cleaning company and the cleaning Company, Rowe Cleaning had left, he contacted Vlasuk for an Inspection so both he and Venetian Moon Could reopen. Docktor stated Vlasuk actually told him she was not returning for the Inspection, she told him she wasn't"The Health Agent"and she wasn't coming back. She told Him he-wasn't Vie-health agent wa9 ' . Docktor went to the location, spoke with Mr. DeCloux and did a visual Inspection of both places and did not see any water. Mr. DeCloux reported a nine wash process In the affected areas Including a hallway as a precaution against cross contamination. Lisa Cavallo of Venetian Moon also gave her access to the Impacted area; the downstairs rug area that had been affected was sanitized as was the affected Calling tile. A small dryer left by the cleaning company was still running but the rug was completely dry; there was evidence of a water stain on the ceiling tile. She received a copy of the invoice from Rowe Cleaning for the cleanup and a copy from John's Sewer will be sent by mall. She gave permission for both establishments to reopen and Informed them the health Inspector would be following up. Vlasuk was asked what happened that she wasn't able to return.She Vlasuk stated that she did not return for the Inspection, as we know I have not been appointed by the Board so I CAN NOT do an Inspection. It was not that I told him I would not do the inspection I told him I was not able to do the Inspection since the Board did not appoint me. replied she wan notable-tom n-lnspeet an bemuse she had met been appointed by the board. She stated It was not an overflowing toilet; It was raw sewage that had been backed up from the pipes affecting Caffe New, Venetian Moon as well as the Chinese food restaurant. Vlasuk wanted to know where the inspection report from that restaurant was as they had opened up today without an Inspection. Docktor stated she was not given that Information. Foley stated the Information provided by Jean Dellos Involved Issues at Caffe Nero and Venetian Moon; Huang Kitchen was never mentioned. Vlasuk stated that It was raw sewage and all three locations are attached. Costigan asked if Huang Kitchen was part of the cleanup. Foley responded she did not know as she was not aware of any problem at that location. Costagan asked If Huang Kitchen was part of the cleanup. Vlasuk replied that question should be answered by Docktor who was the Inspector who should also follow up because they had reopened without an Inspection. Docktor responded that was the only Information she had; It was documented. Nancy state she is curious since Vlasuk is an Inspector? Vlasuk stated that she is not an Inspector for Reading because The Board would not appoint her. Shurland asked Vlasuk if she had done any prevlous Inspections at those locations. Vlasuk replied she had not done any Inspections as she had not been appointed. Shurland asked if she had done any Inspections since being hired appointed. Vlasuk corrected Shurland that she has not been appointed. Vlasuk did not went to answer and requested to have Counsel present If she were to be asked additional questions. Costagan stated that they will have to follow up on that. Health Report Ristorante Pavarotti - Costigan stated the deadline had passed for completion of the work of Installing a new ventilation system. Bracey had met with the owner and was to provide an update to the Board; however, Costigan had not spoken to Bracey or received an update. Costigan was unsure of exactly what the exact code violation was and perhaps Bracey could provide that information. He was also waiting for an opinion from the Assistant Fire Chief Page 12 whom Bracey had spoken with. Bracey previously stated there maybe a hardship case for the owner In order to bring this up to code. The building Inspector may also know what the codes would be. The owner may be Invited to attend a Board meeting. There were 8 complaints received In the past three months. Costigan will speak to Bracey to see what the complaints are and how serious they are. they were- Pool Inspections were discussed regarding the scheduling of such Inspections. An inquiry was made whether the three Title V Inspections were for new construction or for abandonment of septic systems. Request will be made for the nurse to email reports from Maven before the next the meeting. Castilian and Ensminger attended the mosquito and tick presentation on July 31°which was well attended and very Informative. There was discussion regarding a memo received from the MA Association of Health Boards relating to White Owl Green Sweets and Game Red, two sweet, mellow flavored tobacco products, which MAHB were removing from Its Guidance List for tobacco products. Legal authority to enforce a restriction of these products rests with local boards of health. Docktor will reach out to Maureen Buzby for additional Input. Health Agent Costigan was unable to attend the last two meetings because of vacation. After having reviewed the last meeting and the discussion of the procedure for going into executive session, he was not satisfied they had cause to go into executive session. He had given a message to lean Dellos to give to the members. While he was on vacation, the members decided they did have reason to go Into executive session. Docktor stated his email was of concern because It was sent through the Town Manager's office, and they couldn't deliberate through small. Costigan said they had not spoken about It. Ensminger said that was done so they wouldn't be deliberative. Discussion ensued regarding what was considered to be a breach of open meeting law. Ensminger will look Into email deliberation. Shurland stated that Docktor and Shurland did decline to respond to Costigan because of the open meeting laws. Vlasuk asked Docktor if this was the same email Docktor said she did not get in the last meeting. Docktor sated Nol Ensminger stated yes this was the same e-mail that you (Docktor) said you never received. Vlasuk confirmed that that was not what Doctor said In the last meeting. Vlasuk asked Docktor how she could find an email, she stated she didn't get, of concern? Shurland put her hand up to Vlasuk's face and stated that they would not discuss this. Vlasuk stated she was very concerned because Docktor flip flops. Docktor said they would only talk about this with the Board. Shurland stated that reports do not need to go through Dellos. Costign stated he was advised by town council to send all correspondence through Dellos. Docktor stated that he could send it directly to them and Shurland agreed. Shurland added just because you send it through Delios It could still be deliberative. Ensminger said he would look into this. Costigan asked If the members had come to any conclusion or resolution. The members stated they wanted to meet with the Board of Selectmen to help resolve the situation. Ensminger stated the Board could resolve the situation this evening and recommended they make the appointment of Laura Vlasuk as health agent. Docktor was confused why John Fralick our Inspector could not reopen the location. Costigan explained to Docktor that Fralick Is not our Helath Agent and we have not appointed Vlasuk as the Health Agent so she does not have the power to act on behalf of the Board. Docktor was still confused as to why the health Inspector can not re-open a business. Costigan explained he Is the Inspector not the Agent. Docktor stated that Vlasuk is a competent Inspector. Docktor questioned if the town was using Vlasuk for the purpose of Inspections. Costigan stated that Fralick does not have the power to reopen a business because Fralick is not entrusted with the Power of the BOH only the person they appoint as the agent has the power to reopen a business. Fralick could come back to the Board on his next working day and the Board could reopen the business. Pax 13 establishment sent and-how4hat eauld Is_ aeeemplished. Shurland stated there were still concerns about the ability of Vlasuk to protect the public health of the town, and those Issues had not been resolved In addition to the lack of cooperation and lack of health reports being submitted. ;he-Beard-had-also Docktor asked for an investigation Into the public health nurse's allegations to the Board. Vlasuk asked if this was the public health nurse that walked out on her Job? Docktor was not sure and motioned to Costigan to respond. Costigan confirmed that was the Individual they were speaking of. Ensminger questioned if the BOH had the expertise to reopen a business? Costigan stated he be0ved so but stated they did not have the expertise to do so. Vlasuk agreed and Is also concerned bemuse Docktor did not know the difference between a raw sewer back up/pipe brake and an over flowed toilet. Costigan wanted to have an Inspector present to do the Inspection with him. Docktor and Shurland wanted to know what the backup plan was for inspectors. Ensminger explained that the Health Agent and they have not appointed a Health Agent. Docktor stated then It's the problem of the BOH. Ensminger agreed. Ensminger again requested the recommendation of the appointment of the health agent. All members agreed they wanted to appoint a health agent who was in the best Interest of the town. Costigan made a motion to appoint Vlasuk as the Hhealth Aagent, there was no discussion; the motion was not seconded. Shurland asked Vlasuk if they could appoint her as the Health Inspector. Vlasuk stated she would do the Job she was hired for. Docktor Is worried about the town paying Vlasuk. Costigan will defer to the Town Manager/Jean Dellos regarding the health agent doing Inspections. Pesticide Regulations The Board will communicate with the BOS about the benefits of what this regulation would do; basically Just to notify the public as to what they should not do because It Is a public health Issue for humans and their pets. They will ask to have It put on the BOS agenda In the near future. Docktor stated the Town Counsel's response was confusing. Opiates The Board will be researching the possibility of having Narcan available In certain establishments, maybe providing some education, or perhaps having an EMT provide some training. Shurland Inquired If the school nurses have Narcan and that will be followed upon. Costigan would like to meet with RCASA to see how the Board mn be of help to them or ask If Erim McNamara can attend a future meeting. Gloucester provides a program where the police try to get mental health help vs criminal. Other Costigan will check with Bracey regarding previous sewer backups at the Main Street locations. Shurland will contact middle &high schools regarding the availability of Narcan. Next meeting scheduled for September 20'^. Board of Selectmen meeting tentatively scheduled for August 29th Meeting adjourned at 6:35 pm. Materials Distributed: Draft Minutes of July 19, 2017 Draft Minutes of August 6, 2017 Health Agent Update lune-August . MAHB Email regarding flavored tobacco products Pao 14