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Tewksbury Board of Health
Meeting Minutes for
the year 2004 May
20, 2004 Chairman Stephanie Wilkie
called the meeting to order at 7:00 P.M at the Town Hall
Auditorium. Present at the meeting were, Clerk Philip French,
Jennie McCarthy, Thomas Churchill, Director of the Board of Health
Thomas Carbone and Recording Secretary Dawn Cathcart. Vice Chairman
Edward Sheehan was not present.
Nancy Burns
from Upper Merrimack Valley Public Health Coalition Medical Reserve
Corps
Ms. Burns gave an overview of the Medical
Reserve Corps, the Massachusetts MRCs, and introduction of the Upper
Merrimack Valley MRC, the progress of UMV Unit and what the next
steps would be.
Ms. Wilkie asked how the MRC would interact
with other groups in case of an emergency. Ms. Burns stated that
you would respond to your own Town first and then if necessary the
MRC would go into other towns.
Mr. Carbone asked how people will be contacted
to join the MRC. Ms. Burns stated that they have lists from the
Massachusetts State Boards of registration for nurses, doctors, EMTs,
dentist, etc. and there will be a mass mailing.
Approval of Minutes – April 15, 2004
MOTION - Ms. Wilkie made a motion to approve the Board of Health
Minutes of April 15, 2004. The motion was seconded by Ms. McCarthy
and unanimously voted 4-0.
Discussion
Set Meeting Time for June 3,
2004 (ZBA Conflict)
Ms. McCarthy stated that there are two Chapter
40B public hearing scheduled for June 3, 2004. Mr. Carbone
suggested that the Board of Health meet on June 3, 2004 at 4:30 PM
in the Town Hall Auditorium. The time change was agreed on.
Set Summer Schedule
Ms. Wilkie stated that she will be away the
last week of July and first week of August. Mr. Carbone suggested
keeping the two meetings in June and canceling one if the agenda is
light. Mr. Carbone stated that the schedule for the summer will be
July 15, 2004, August 19, 2004 and September 16, 2004.
Public Hearings
Application of Half
Pints Summer Camp to Operate a Summer Camp at 1565 Main Street under
M.G.L. c. 140, Section 32B
Mr. Carbone stated that this application was
withdrawn.
MOTION - Ms. Wilkie made a motion to allow the applicant to
withdraw the application to run a summer camp at Half Pints located
at 1565 Main Street. The motion was seconded by Ms. McCarthy and
unanimously voted 4-0.
Application of Sports
World Center, Inc. to Operate a Summer Camp at 20 Carter Street
under M.G.L. c 140, Section 32B
Mr. Carbone read the public hearing notice.
Christa Clement and Ronald Morander appeared
for the request to operate a summer camp at 20 Carter Street.
Mr. Carbone stated that typically the board
doesn’t get these applications, but the state regulations say they
need a public hearing before they get a license. Mr. Carbone stated
that there have been other camps at this location previously. There
were problems there and they were closed but these people had
nothing to do with the other situations.
Mr. Morander stated that this camp is a sports
oriented camp and will have access to the two outdoor pools, the
indoor pool, the basketball courts, racquetball courts, indoor
hockey, soccer and tennis. There will be A/C available for the
campers.
Ms. Wilkie stated that Dr. Chan is the
physician for the facility. Mr. Morander replied that was correct.
Ms. Wilkie stated that they should get a copy of his medical license
and malpractice insurance. Ms. Wilkie asked who would administer
the medication. Ms. Clement replied that she would be responsible.
Mr. Carbone stated that Dr. Chan would have a list in writing of
medications and who and when they should be given to. Mr. Carbone
stated that would be part of their inspection process. There would
also be parent releases required and a release from Dr. Chen. Ms.
Wilkie asked if Ms. Clement was comfortable with that
responsibility. Ms. Clement replied that she was and she has done
it in the past. Mr. Morander stated that he will be the back up and
he has also done that in the past.
Mr. Churchill asked if a certification is
required to dispense medication. Mr. Morander replied there is no
certification, but they need to come in the original container and
be stored in a locked refrigerator. Ms. Wilkie stated that there is
not a special license required to dispense medications. If a
facility has a doctor overseeing them, then they meet the laws. Ms.
Wilkie stressed how very important the dose of medication is
especially with children. Mr. Morander replied he understands and
also that his son is diabetic so he is well aware of the
responsibility for the medication.
Ms. McCarthy asked who is in charge of hiring
the staff. Ms. Clement stated that she was and that CORI checks are
done on everyone. Mr. Morander stated that he has access to run a
CORI report as well as Ms. Clement, Patricia Sheppard in Billing and
Al Pereria the Assistant Manager. Mr. Morander stated a SORI will
also be done with all employees at Northmeadow.
Ms. Wilkie asked if the construction of the
hockey rink and soccer field would interfere or be included in this
camp. Mr. Morander stated that the hockey rink is a separate tenant
and will not interfere with this camp.
Mr. French asked what the ratio of children to
counselors is. Mr. Morander stated that the ratio is one counselor
per ten children and if the children are under six it is one
counselor per five children.
MOTION - Ms. Wilkie made a motion to close the public hearing.
The motion was seconded by Ms. McCarthy and unanimously voted 4-0.
MOTION - Ms. Wilkie made a motion to approve the application for
Sports World Center, Inc to operate a summer camp at 20 Carter
Street. The motion was seconded by Ms. McCarthy and unanimously
voted 4-0.
Carey Janke for
Friendly Ice Cream Corporation – Status Update
Rick Graham, Regional Maintenance Director,
John Hall District Manager and Dr. Sharif Zedah from RJH Associates
appeared for the status update of Friendly’s.
Mr. Carbone stated that this was scheduled for
June 3, 2004 for an update, but there have been minor items that
keep appearing on inspection reports. Ms. Wilkie stated that it
seems if the small issues are not being corrected, then it seems
like Friendly’s doesn’t care.
Dr. Zedah stated that he has observed changes.
They made an unannounced visit before the meeting at 6:00 PM. Dr.
Zedah stated that he was impressed with the significant changes
being made by the management. There is a system in place to stay in
compliance.
Ms. Wilkie stated that this is not the first
time that they have been before the board. The May 6, 2004
inspection reports concurs that there are several items that are
repeat violations. There are little things but with the position
that they are in, there shouldn’t be any violations. Dr. Zedah
agreed, but there are no critical violations, which is a good sign.
Ms. Wilkie stated that she is glad that Dr. Zedah is conducting the
inspections. Dr. Zedah stated that if Friendly’s does not
cooperate, then he will not continue to work with them. Ms. Wilkie
stated that she agrees that the critical items have been improved
but the minor inspection items shouldn’t be ignored.
Mr. Churchill stated that the staff of the
Board of Health shouldn’t have to monitor this, Friendly’s should
self monitor the problems. Dr. Zedah stated that they are teaching
a monthly training course for the management team.
Mr. Carbone stated that Mr. Treachis went out
on at least one inspection since the last meeting. Ms. Wilkie
stated that Mr. Treachis saw the same problems.
Mr. Hall agreed with all of the comments and
they have swapped out management staff and workers who were not
doing their job. Mr. Treachis has been a big help with pointing out
the issues. He feels the company is not there yet, but they are
working towards compliance. Ms. Wilkie asked what the goals that
Friendly’s wants to reach are. Mr. Hall stated that he has spoken
with Mr. Carbone and if there is a problem they will address it
right away. They are working towards hiring the right people.
Ms. Wilkie asked for recommendations. Mr.
Carbone stated that the board has caught their attention and suggest
another status update to see where they are. Ms. Wilkie stated that
she wants this scheduled for the second meeting in June.
Dean Treachis joined the meeting. Mr. Treachis
stated that he would like to see a real commitment in fixing the
remaining issues.
Dr. Zedah stated that the next month’s
inspection should show an improvement. He plans on inspecting every
two weeks unannounced. Dr. Zedah stated that Friendly’s is paying
them, but they are an independent firm.
Ms. Wilkie stated that she would like to see
two inspections done by the next meeting.
Ms. McCarthy stated that she does not want to
see any repeat violations. If there are, then she will make a
motion to suspend the Food service Permit for three days. Dr. Zedah
stated that the next inspections should show no repeat violations
and also show a score of 90 or better.
MOTION - Ms. McCarthy made a motion to suspend Friendly’s
license to operate a food establishment for three days. The motion
was not seconded and Ms. McCarthy withdrew her motion.
Mr. French stated that he likes the independent
inspection and with the repeat violations showing up it proves he is
indeed an independent firm. Mr. French stated that Friendly’s
should train a few people and then have them train the other
employees.
Mr. Hall stated that they have made changes in
the hours. They are opening later and closing earlier to allow for
more time to clean. Ms. McCarthy stated that the company is only as
good as its team.
Mr. Churchill stated that if the DPH comes into
a nursing home and finds repeat violations then they get a fine and
or are ordered to not take in admissions.
Mr. Carbone stated that since this hearing was
opened before the new members were on the board only Ms. Wilkie and
Ms. McCarthy can vote on this.
MOTION - Ms. McCarthy made a motion to continue this hearing
until June 3, 2004 at 4:30 PM and within the time period that two
independent inspections are conducted with no repeat violations and
with scores over 90. The motion was seconded by Ms. Wilkie and
unanimously voted 2-0.
James Ward for
Meating House Butcher – Request for Variance to Toilet Regulations
at 1768 Main Street, Unit 2
Attorney Raymond Paczkowski and Joe Aubutt
appeared for the request for variance.
Mr. Carbone read the legal notice.
Attorney Paczkowski stated that they are in
process of negotiating a lease with Meating House Butcher. There is
only one bathroom in the unit. There is no eating area proposed,
this is only for retail sale of raw meat. The nature of the
business is a quick turnaround and they could manage with utilizing
only one bathroom.
Ms. Wilkie stated that she went to the site and
there was originally two bathrooms proposed but due to egress issues
one had to be removed. This building is on a slab and the
regulations require a bathroom if they are selling food, but people
will not be eating there. Ms. Wilkie stated that she is comfortable
with one bathroom but it needs to be available to the public.
Ms. McCarthy asked if they will ever expand to
having "eat-in" seating. Attorney Paczkowski replied no. Mr.
Carbone stated that Federal food code stated that there cannot be
unnecessary traffic were food is being prepared.
Mr. Carbone stated that the board needs to
address the issue of if the bathroom needs to be handicap
accessible. Ms. McCarthy asked if it could be made handicap
accessible. Attorney Paczkowski replied no, because the doorway is
too small.
MOTION - Ms. Wilkie made a motion to approve the variance
contingent that there will be no food consumed in the store and the
floor plan is in compliance with federal food regulations and that
the one bathroom will be made available to the public. The motion
was seconded by Mr. French and unanimously voted 4-0.
Dorothy Macauley, 71
Washington Street – Appeal of Orders
Robert and Dorothy Macauley appeared for the
appeal of orders for 71 Washington Street.
Mr. Carbone stated that on April 7, 2004 an
order was sent out based on a complaint that the Macauleys were
housing unlicensed farm animals. Upon an inspection, geese,
chickens, and roosters were found. There is no existing permit and
they were ordered to comply with the regulations and apply for a
public hearing. Mr. Carbone stated that Ms. Macauley informed him
that there have always been animals on the site and they shouldn’t
have to have a full public hearing process.
Ms. Macauley stated that they have had animals
on site, on and off for 50 years. We use the chickens for eggs and
the geese are needed to protect the chickens. The horses were used
for pleasure and education. Ms. Macauley stated that her mother was
the leader of the 4H horse club. Ms. Macauley stated that she also
has dogs.
Mr. Carbone handed out a notice from the Scotts
which takes the regulations and asks questions about them. There
was one issue with ownership of the land. Can the Board of Health
issue a permit if someone else owns the land?
Ms. Macauley stated that she has had an
easement since March 20, 2002 to use the land. Mr. Carbone stated
that the easement shows two structures and asked if they were Ms.
Macauley’s. Ms. Macauley replied yes, and that the large structure
shown is the barn and the other structure is half way down and they
will be removing the rest of it.
Ms. McCarthy stated that the issue is if a
permit is needed.
Charles Scott of 5 Court Street –
Mr. Scott stated he has lived in the house for ten years. He has
worked at night for the last two years and the chickens keep him
awake. Mr. Scott stated that the contract with the land may be in
the process of changing and the board should check with Maureen
DiPalma. The animals create noise and smells.
Kathy Scott of 5 Court Street –
Ms. Scott stated that there are roosters, chickens and geese and
they make noise all day and all night long. Ms. Wilkie asked if
there have always been animals. Ms. Scott replied yes for the most
part.
Patricia Frotten of 115 Old Boston Road
– Ms. Frotten stated that she has known the Macauley’s since
1974. The animals have always been there. They have always had
horses, dogs and other animals.
Ms. Wilkie stated if the easement is legal and
the animals have been there since 1950 there is no need for a public
hearing but there needs to be permits issued.
Ms. McCarthy stated that the shelters need to
comply with the rules and regulations, Section 6.1.
Mr. Carbone stated that the past history is
that the board does not vote on an issue when they receive material
the same night. Mr. Carbone suggested having the Animal Inspector
meet with the Macauleys and provide a report back. Mr. Carbone
stated that he will give the Scott’s the information provided by the
Macauleys and the Macauleys the information provided by the Scotts.
Ms. Macauley stated that she did not know that
she needed a permit for the chickens. Ms. Macauley added that she
knew about the permit needed for the horse.
MOTION - Ms. Wilkie made a motion to table this item until June
3, 2004 at 4:45 PM and have the Animal Inspector visit the site and
provide a report and also that Mr. Carbone investigate if the
easement is recorded at the Registry of Deeds. The motion was
seconded by Ms. McCarthy and unanimously voted 4-0.
Discussion
Goal Setting
Mr. Carbone stated that this item will be held
for a later date.
Training – Public Hearing
Mr. Carbone stated that he is hoping to get
Attorney Zaroulis to put together a training session for conducting
public meetings and hearings.
Director’s Report
Ms. McCarthy stated that the Environmental Day
was a success. Mr. Carbone stated that the numbers have been lower
then in past years.
Mr. Carbone stated that he received the
Bioterrorism Grant money of about $9,000 and this needs to be spent
between now and the end of June. They are looking at buying a
laptop, hand held computers, 3 battery operated printers and a
digital camera. There is $2,000 that is not committed and
inspectional services will be looked at.
Mr. Carbone asked that Ms. Wilkie join him on
the MRC. Mr. Carbone stated that they have also received two new
Nextel phones. There is also $1,000 committed for software and
reference materials.
Ms. Wilkie stated that she would like a meeting
with the Police and Fire Chiefs to go over procedures. Mr. Carbone
agreed with that but doesn’t feel they are ready for that yet. Ms.
Wilkie stated that at least a preliminary meeting should happen
because something could happen tomorrow. Ms. Wilkie stated that she
is concerned that if something happens she would not be notified.
Mr. Carbone stated that he will invite the Chiefs and Emergency
Management Director Mike Sitar to the June 17, 2004 Board of Health
meeting.
Mr. Carbone stated that the coalition is doing
staff training next week at the Coast Guard Academy in Connecticut
for one day. There is also a meeting at the end of June in Lawrence
for weapons of mass destruction awareness training. There are a
couple of NACCHO conferences and Mr. Carbone stated that he will be
going to the Public Health Institute in Seattle, WA in August. Mr.
Carbone stated that if any member of the board is interested in
local MAHB session just to let him know.
Mr. Carbone stated that the Mass. Public Health
Association has a half hour video that has been provided to the
local public health offices.
MOTION - Ms. Wilkie made a motion to adjourn at 9:05 PM. The
motion was seconded by Ms. McCarthy and unanimously voted 4-0.
Approved:
Philip French,
Clerk
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