Board of Health

CITY OF GARDNER OFFICE OF THE BOARD OF HEALTH ROOM 29, CITY HALL GARDNER, MASSACHUSETTS 01440 (978) 630-4013 FAX (978) 632-4682 To: Jennifer A. Susen-Roy, BA. - Health Director Dr. John Mulqueen, Chairperson Susan Avallone, Member Atty. Geoffrey Tobia, Member Minutes for the Board of Health meeting held on Monday, September 25, 2017 __________________________________________________________________________________ 5:15 Meeting called to order 5:17 Review minutes dated August 28, 2017. Spelling corrections made. 5:20 Old business. Information on the city web site was corrected from Atty. Geoffrey Tobia, Chairperson to Dr. John Mulqueen, as Chairperson. Jennifer inquired with the Department of Environmental Protection regarding the letter sent from Antea group addressed to Geoffrey Tobia. The letter reported a leak at the Getty Station located @ 221 Main Street. Jennifer has not heard back from the DEP as of today. She did however, send the information to John Flick, the City Solicitor, he has not responded about that as of yet. Susan asked if there was any more on Vaping and vaping shops. Jennifer reported, there has been nothing more on the vaping since the last meeting. Jennifer did inform the board that there is a training on “Implementing the revised marijuana statute, what municipal officials need to know now!” and she is trying to register for this seminar. This seminar is put on by Mass Municipal lawyers association on October 1, at Holy Cross. The seminar is not specifically for the Board of Health but, Jennifer feels that it would be good information for down the road. Susan asked if there have been any requests for medical marijuana dispensaries or recreational marijuana stores. Jennifer said not at this time. As of January 1st, when medicinal and recreational marijuana can be sold, it would go through the state first for licensure then filter down. Jennifer believes that the stores would need to get a license and have to be bonded through the state, this would not happen until July of 2018. Stores can sell CBD oils and lotions. This product is made from the male gene of marijuana and it will not produce the high that is associated with marijuana, but has helped some with pain. There is no regulatory authority on CBD oils at this time. If it is sold for vaping purposes that would change the product and then they would have to get a local license. The board members have many questions on the marijuana allowances both medicinal and recreational as well as vaping and would like to speak with John Zlotnik about this new law. Jennifer will contact John and see if he would be able address the members of the board of health at their next meeting in October. Susan asked if there have been any issues with Jimmy Buccaroni and his tattooing. Jennifer reported that there has been no issues. The paperwork for all permits will be going out in the next couple of weeks for renewal of licenses that will expire in December. Jimmy is still on operating on a provisional license per the agreement that was made with Jimmy and the board last spring. Jimmy will be invited to the November Board of Health meeting to see if he has met the requirements set by the board to receive full licensure. Dr. Mulqueen wanted to know if the “shack” at the Gardner high school is all set with their paperwork and inspected for the football season. Jennifer informed the board that that have been inspected and licensed fully.  Dr. Mulqueen wanted to know if there has been anything new on the Gardner Housing Emergency Mission. Jennifer reported that there has been nothing new with GHEM. 5:30 New business. Mr. Lawrence Petricca owns the boarding house @ 94 Pleasant Street, the property is in a reality trust. Mr. Petricca owes the city for a number of years in back taxes. Last week for safety reasons, National Grid disconnected the power to the building. The fifteen people that live in the building were without power. National Grid told Mr. Petricca that the repairs will need to be done before they would put the power back on. Mr. Pertricca requested an electrical permit from the city so the repairs could be done. Mr. Petricca is not in good standing with the city, because he owes money for taxes, the permit was denied. MA general law and the city code will not allow a sign off to someone that owes money for back taxes or citations. A judge ordered an injunction and ordered the city to issue a permit so that the power can be turned back on. Two occupants requested an inspection by the board of health. Per the City Solicitor, John Flick, Jennifer and Lauren as well as the Fire department, Police department and the Building department went into the boarding house to do an inspection of the two rooms requested. The Fire department, Building department, as well as the Board of Health found violations in the building. Some of the violations that were cited for but not limited to were; no smoke detectors, second means of egresses are not useable in an emergency, no emergency lighting, no carbon monoxide detectors, and only one shower for 15 people to use. 194 Union Street, animal control removed a dog and 9 puppies, it was discovered that the house has had no water meter since 2014 therefore no water to the property. The property was cited for over grown grass in 2015, the owner since lost the house to foreclosure. There is a company out of Texas that buys foreclosure properties in bulk, sight unseen, not knowing the condition of the property, they then rent the properties out. Jennifer had a conference call with the City Solicitor, John Flick as well as the woman from the company out of Texas. It was explained on this call that in Massachusetts you have to meet city and state code. The house has no fire alarms as they were ripped out. No piping for plumbing as that was also ripped out and no heat. Laws in Massachusetts state the owner of the property is required to make sure that it is habitable. City Solicitor, John Flick explained to the company out of Texas what the owner’s options are. Jennifer can order the persons to be moved out of the house and the city will have to put them up somewhere and the company owning the building will get billed, or the owner of the building can move them out and pay for them to stay somewhere. John also informed the owner that the tenants could potentially have a law suit against them because they are living in substandard conditions. Jennifer is trying to get access to the property to do an inspection. 6:20 Set next meeting for October 23, 2017, adjourn. ________________________ _______________________ _________________________ Dr. Mulqueen MD, Chairperson Susan Avallone, Member Atty. Geoffrey Tobia, Member All conversations are documented on recording identified as B.O.H September 25, 2017