Board of Health
Regular MeetingGardner, MA · March 21, 2016
Minutes
CITY OF GARDNER
OFFICE OF THE
BOARD OF HEALTH ROOM 29, CITY HALL
GARDNER, MASSACHUSETTS 01440
(978) 630-4013
FAX (978) 632-4682
To: Bernard Sullivan, R.S., C.H.O. - Health Director
Attorney Geoffrey Tobia, Chairperson
Susan Avallone, Member
Dr. John Mulqueen member
RE: Minutes for the Board of Health meeting held on Monday, March 21, 2016
__________________________________________________________________________________
5:00 Meeting called to order
5:05 Review Meeting minutes dated February 22st, 2016 to be signed. Board approved the minutes with
the typo changed.
5:08 Bernie spoke with the board regarding the interview process for the new Public Health Director.
In their packets, the board members will find some applications for this position. Bernie
explained that Debra Pond, being the Human Resource agent, has said that she will be available
as much or as little as the board needs. A reminder to the board that they may email each other in
regards to who and when they would like to interview, however, Bernie cautioned them, that in
order to discuss any of the candidates, they must do it in a working meeting. Bernie also
reminded the board that meetings have to be posted 48 working hours before the meeting.
5:10 Mr. Patel is asking for a plumbing code variance at 157 West Street Convenience Store. This
variance to the plumbing code will allow them to utilize a single unisex restroom to replace the
two non-accessible rest rooms currently installed. Bernie reported that the city’s plumbing
inspector is not opposed to the code variance. The board has approved this request by a vote of 3-
0. Bernie will write a letter for Mr. Patel to give to the plumbing examiners board in Boston.
5:30 It was reported that cooking grease has been disposed of down the ravine and near the stream
just on the other side of Burger King’s drive thru. Further evidence shows that cooking grease has
also been dumped into the catch basin in the parking lot of Burger King. Jennifer reported that
Burger King has a rendering canister, which is where the cooking grease should be disposed of,
just off their customer parking lot. The owner/manager of Burger King, Gregory Bernhardt
reported that he is unaware of any one of his employees dumping cooking grease in either of the
improper disposal places. Mr. Bernhardt said that he has put his employees on notice that this is
not a practice that he will tolerate. The board believes that Mr. Bernhardt did not know this was
happening and has confidence that Mr. Bernhardt will be able to make sure it does not happen
again.
6:00 Jennifer and Bernie performed an inspection at Cruisers Malt Shoppe on March 14, 2016. There
were a number of sanitation violation as well as major issues with grease on the floors and walls
because of the hood system, 1) is not being cleaned properly, and 2) the hood system needs to be
replaced. Captain Lagoy from the fire department was with Jennifer for the inspection that took
place on March 21, 2016. The captain reported that the hoods need to be replaced as it is a fire
hazard. Captain said that they have gotten a number of “noncompliance” reports from Tri State,
the hood cleaning company. The fire department has issued a warning citation for failure to
maintain the cleaning of the hoods and failure to maintain suppression systems.
A recap by Bernie: It was requested by the Health Department Board in 2015 that Mr. Ron
Robichaud personally obtain a managers food handler certification so he could better understand
how to supervise his own employees. This did not take place. Sanitation has been an issue for
some time and the Board of Health has been trying to work with Ron to provide guidance. It is
Bernie’s professional opinion that in order to address these issues in a timely fashion it could not
be done while the restaurant is open. It would involve taking out the floor in the food service area.
Changing the floor and wall surfaces to a product that is nonabsorbent and would be cleanable.
Although there are no signs of rodents at this time, but there is a very high risk for them to
become established at this location. The fire hazard is a concern because there are residents living
very close to the restaurant. Paul Johnson came before the board to let them know that he is
working on getting the place up to code and keeping it up to code. It is Paul Johnsons plan to take
over the restaurant. There was some discussion about all the permits that are needed to get the
restaurant up to code to reopen. The order that stands before the board is that the restaurant
closes down on Friday, March 25th 2016. After much discussion, the board voted to let the
restaurant stay open until Friday, March 25th 2016. If by Friday they have everything taken care
of and passes an inspection by all departments involved, the board will allow them stay open.
7:15 Joan Hamlett and DJ Wilson discussion of flavored Tobacco Products. After much discussion of
the “sample regulation restricting the sale of flavor tobacco products” The board will take a
couple of meetings to discuss the regulations before they schedule the Public meeting. Joan will
update this office, to be sent to the board members, of any development that occurs.
7:20 New Business: Bernie gave the board the annual report for 2016. Bernie also gave the board his
official resignation letter.
7:25 Old Business: Jennifer spoke with Chris Casavant regarding the boilers at Waterford Street
School. They have two boilers at that location. One boiler has a hole in it but because of the mild
winter they were able to function with only one boiler. The school was approved for $300, 000, 00
by council to replace one entire boiler, this will take place this summer. Jennifer asked if some of
that money would be used to address the urinals in the boy’s bathroom, they will be replacing all
the urinals bringing them up to code. Jennifer will follow up with the school as summer comes and
the final inspection in September.
Laser Tattoo Removal Service: Jennifer contacted many cities, Worcester was the only one that
has Laser Tattoo Removal service. They do not have their own regulations, they have adopted the
State Radiation Control Boards regulation and from what Jennifer could tell, a physician is
needed. Bernie’s recommendation: If the board pursues the laser tattoo removal service, it is
highly suggested that the board completely exempt from any regulation that is conducted on
premises performed by a certified professional, medical doctor or nurse practitioner. But, some
level of para professional under some off premise supervision, you would want close regulations
with a required certified professional on site.
Update on Patriot Pizza: Chris Pappas was invited to the board meeting in February but did not
attend. Chris came to the board of health the next day. Jennifer advised Chris the importance of
having running water into his restaurant and if there is none, for whatever reason, he should shut
down the restaurant.
7:35 Set next meeting, adjourn
Recording proceedings were preserved and are available upon request.
The next meeting was set for Monday, April 25, 2016.
________________________ _______________________ _________________________
Atty. Geoffrey Tobia, Member Susan Avallone, Member Dr. John Mulqueen
All conversations are documented on recording identified as B.O.H March 21, 2016
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