Board of Health

Office of the Board of Health City Hall 166 Boulder Drive – Suite 108 Fitchburg, Massachusetts 01420 978-829-1870 An organizational meeting was held at 5:00 pm. Present were: Ian Murray, Chairman; John Bogdasarian, M.D. Member; Sandra Knipe, R.N.B.S.N. Member; Stephen Curry, Director; Bob Proctor, Robert Proctor Excavating; Jaqueline Theide, Thomas Gustainis, Red House Iron (Body Art Establishment), D.J. Wilson, Mass Municipal Association (MMA). Local Upgrade Approval for 244 Richardson Road: Bob Proctor will be the Installer and is here to present for Douglas Smith (unable to attend) who designed the system. The Installer and the Engineer are seeking three local upgrade approvals. 1) Requesting a Local Upgrade Approval for the requirement of a 12” separation between the inlet and outlet tees and high groundwater. A 6” separation is provided for the septic tank and a 4” separation is provided for the pump chamber. Sandra Knipe made a motion to approve the Local Upgrade Approval. Motion was seconded by Ian Murray. All were in favor. Motion carries. 2) Requesting a Local Upgrade approval for the requirement of a 4’ separation between the bottom of the soil absorption system and high groundwater with a reported loading rate of 33 min per inch. This results in a 1’ reduction resulting in the bed bottom being 3’ above high groundwater. Ian Murray made a motion to approve the Local Upgrade. Motion was seconded by Sandra Knipe. All were in favor. Motion carries. 3) Requesting a Local Upgrade Approval for the requirement of conducting a perc test. A perc test was attempted but the soil was too wet in the most restrictive horizon. A sieve analysis performed in accordance with 310 CMR15.104 and 15. 105 was utilized. Ian Murray made a motion to approve the Local Upgrade. Motion was seconded by Sandra Knipe. All were in favor. Motion carries. Tobacco Flavor Ban Discussion: Joan Hamlett, & DJ Wilson Joan Hamlett stated after reviewing the draft regulations at the March meeting there was a question regarding section #10 on page. 8. This Section restricts the renewal of a tobacco permit if the holder has sold a tobacco product to a person under the minimum legal sales age or other similar action per definition. The proposed regulations state: “A Tobacco Product Sales Permit will not be renewed if the permit holder has sold a tobacco product to a person under the MLSA (D.1) three times within the previous permit year and the time period to appeal has expired.” Joan Hamlett and DJ Wilson advised that we remove that section #10 on page 8. The Board of Health agreed to remove the mentioned section from the draft regulations. Ms. Hamlett will send a copy of the hearing notice to Karen for the paper to announce it and then will hand deliver a copy of the draft regulations with a sign off sheet with the hearing notice to all the merchants. A public hearing on the Flavor Restrictions will be set for May 5, 2016 at 6:00 pm. at the Fitchburg Public Library Garden Room. Letter from Edwin H. Howard II, Bonville and Howard Attorneys at Law; On March 7, 2016 the firm of Attorney Edwin H. Howard sent correspondence to the Fitchburg City Solicitor regarding an issue related to the Board of Health. The letter was sent on behalf of Attorney Howard’s client, William Sheldon, owner of Rebel Smoke. DJ Wilson stated the letter is questioning the regulation prohibiting smoking in work places and public places that includes a ban on cigar bars and hookah bars. “There are 106 cities and towns that have this ban and Fitchburg is one of them”, according to D.J. Wilson. Mr. Sheldon claims he was given a negative response when he proposed to open a Hookah Bar in Fitchburg, at the meeting on September 13, 2013. Mr. Sheldon also is claiming the Board adopted the regulations on January 9, 2014 prohibiting smoking in the workplace and public places to prevent him from opening the Hookah Bar. Ian Murray stated the regulations were already in on-going discussion before Mr. Sheldon came to the Board. After a review of the meeting minutes in 2013 and 2014, it seemed clear to the Board that regulations were not adopted to prevent Mr. Sheldon from doing business. Mr. Curry stated he met with the City Solicitor today and after reviewing previous meeting minutes, the Solicitor was comfortable with responding to the letter. Ms. Hamlett said it’s possible that Mr. Sheldon and his attorney could come back to the board asking to reverse the regulation. Minutes of Last Meeting: Minutes of March 03, 2016 meeting were accepted as presented. FY 2017 Health Budget: Mr. Curry stated after initially approving the budget the Mayor came back asking for a $54,000 dollar cut. The Mayor specifically requested a $40,000 cut to Rubbish Collection and Disposal. Mr. Curry stated he has proposed a $22,000 dollar cut from Personal Services and Health Expenses and a $32,000 in Curbside Collection. The following cuts are proposed by the Director; 1. Animal Inspector Stipend proposed was $3,000. Mr. Curry removed $1,000 and the account will go back to $2,000.00. Mr. Curry would like to see this increase over time, as duties have increased. 2. Personal Services – Principal Clerk has in the past worked 10 hours for the City Auditor that was not proposed in the budget because the City Auditor was proposing to hire, but that proposal has been cut. The newly proposed budget now shows $14,000 back into the Health budget from the Auditor’s budget and the clerk will work 10 hours per week for the Auditor as was the case in FY16. 3. BOH Expenses – proposed was an increase from $10,000 to 16,000 for the Cleanup/Board and Secure line item, $6000 will be cut returning the line item to $10,000 as was the case in FY16. 4. Rubbish Maintenance - proposed was a $1,000.00 cut to this $6000 line item. This budgetary item funds supplies such as recycling calendars and educational materials to residents on how to dispose of items and other items related to rubbish collection. 5. Curbside Collection - A reduction of $32,000 is proposed from the curbside collection line item. Mr. Curry explained the details of the contract to the BOH members. Sandra Knipe made a motion to approve the FY 2017 budget as amended. Ian Murray seconded the motion. All in favor. Motion carries. Cosmetic Tattoo Applicant Review; Jacqueline Theide Mr. Curry stated that Ms. Theide has proposed to work at The Red House Iron and perform cosmetic tattooing. Mr. Curry reminded the Board that the regulations state the applicant requires Anatomy and Physiology or something similar with a grade of C or better at a college accredited by the New England Association of Schools and Colleges or a comparable accrediting entity. We have left it up to the Board to review and decide if the applicants experience and education is adequate. Ms. Theide presented her education and background. Mr. Curry asked if she has Anatomy and Physiology (A&P). She replied she does not, but has taken a skin course. Ms. Knipe asked if her Certificate of Completion for Blood Borne Pathogens was through the Massachusetts Department of Public Health and Ms. Theide responded, “Yes”. Ms. Knipe asked if Ms. Theide applies cosmetics to postmortem. Ms. Theide responded, “Yes she does”. Mr. Curry asked is if she would object to obtaining liability insurance. Mr. Gustainis responded that the shop does have liability insurance that also umbrellas artists working in the shop during that time frame and all artists are considered independent contractors if there was an incident to occur there is insurance that does umbrella them for that particular situation. Mr. Curry stated in past discussions it was decided that each applicant would be reviewed on a case by case basis and it was decided by the Board, that cosmetic tattooing would be a different permit than normal body artist obtained. Mr. Curry said there is nothing in the regulations that would stop her or any other artist from doing this now. Mr. Curry said there has been exceptions made of A&P to most of the body artists, and if someone can make a case that cosmetic tattooing is different than normal body art on the rest of the body than he sees no reason not to grant her a permit. Mr. Murray suggested to keep this decision on a case by case basis. Mr. Curry said that in the future the regulations can be amended if the Board feels the need but currently the Board can review applicants on a case by case basis. Ian Murray made a motion to accept the application of cosmetic tattooing. Sandra Knipe seconded the motion. All in favor. Motion carries. Reports from Staffing: Food & Milk Inspector’s Report – January, February & March. Food Establishments and Retail stores are inspected twice a year, as well as Swimming Pools, Tanning Salons & Summer Camps. Mr. Curry stated he suggested to the inspector if there are any issues in any establishments it should be brought to the board for advisement. Sandra Knipe made a motion to accept the Food & Milk Inspectors Report with a note that if there are any outstanding complaints for him to follow through with the Director and the Board if necessary. Ian Murray seconded the motion. All in favor. Motion carries. Inspectors Reports – Mr. Curry stated the inspectors spend a lot of their time trying to keep the city clean and respond to numerous complaints. We also offer a rental permit program to anyone who is receiving third party payment for their rent and owners are required to obtain a rental permit and inspection from the BOH. Mr. Murray would like to clarify when the tickets get issued and the dollar amount of tickets collected that some inspectors seem to be more successful at collecting. Mr. Curry stated the tickets can be a tough method of enforcement because the inspectors end up going to housing court to enforce the ticket. This, process can be very time consuming and sometimes there are multiple hearings and in many cases often times just because the ticket is paid, doesn’t always mean the problems are taking care of. Ian Murray made a motion to accept the Inspector’s Reports. Sandra Knipe seconded the motion. All in favor. Motion carries. Nurses Report – Upon review of the Nurses report Sandra Knipe made a motion to accept the report. Ian Murray seconded the motion. All in favor. Motion carries. Meeting adjourned at 6:40 pm.