Canton, Massachusetts · Saved source text
Min-2018 October 1 BOH
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Source page 1
TOWN OF CANTON CANTON BOARD OF HEALTH CANTON, MASSACHUSETTS Minutes of the Canton Board of Health Meeting on October 1, 2018, PRESENT: Ms. Ruth Slattery, Chair Dr. Alan Rapoport, Clerk ALSO PRESENT: Mr. John L. Ciccotelli, Health Director Ms. Karen D. Murphy, Recording Secretary Ms. Jane Pratt, Health Nurse ABSENT: Dr. Julie Goodman, Vice Chair Ms. Slattery opened the meeting at 7:00 p.m. in the Salah Meeting Room, Memorial Hall, located at 801 Washington Street, Canton, Massachusetts. PERMITS/LICENSES/APPROVALS Variance Request Septic — 29 Manitou Road: Present were Mr. Steve Rumba, Collins Engineering Group, and Florence Neves, abutting neighbor. Ms. Neves asked about the height and grade of the planned septic, and what would happen during rain and the subsequent run off. Mr. Rumba described the plan to install a tight tank on the property and addressed Ms. Neves' questions. Upon a motion from Dr. Rapaport, seconded by Ms. Slattery, the Board voted to approve a variance for distance to nearest well and foundation at 29 Manitou Road with the inclusion of a contract for scheduled maintenance and septic pumping. VOTED: 2 — 0. Proposed Tobacco Sales Permit —1036 Turnpike Street: Present were Mr. Robert Burr, Esq., representing Mr. Robert H. DeVoe, the property owner of RHD, LLC, aba Amy's Quick Pick, at 1036 Turnpike Street, to continue the discussion from September 17 to reinstate the tobacco sales permit at that location. Mr. Burr requested that the Board reconsider the transfer of the tobacco permit for that location. Atty. Burr claimed the previous owner of the business, Andalus Variety Mart, is still a business entity in Massachusetts, and the permit issued to them is valid until December 31, 2018. Atty. Burr further claimed that although Andalus Variety Mart ceased to operate as a business on June 1, 2018, the permit is considered a business asset and part of the transfer and sale of the business which is currently in effect. Mr. DeVoe has owned businesses in Canton for 28 years, and the lack of a tobacco permit would be detrimental to him and his new business at that location. Ms. Slattery noted that when the business stopped operating in June, the tobacco permit also ended. The permit could have been requested by the new business owner within the 60 day period following the closure, but in this case, was not done. Dr. Rapaport said that the regulations were written to be both fair to business operators during the transfer of a sale, while ensuring the mission of protecting the health of the public. Mr. Burr asked for a continuance on this hearing to November 5 in order to provide additional information to support the case that the permit issued to Andalus Variety Mart was still valid, and that it could be acquired by Mr. DeVoe and his new business. Both Ms. Slattery and Dr. Rapaport were firm: the dates were missed, and the permit was no longer viable in Canton for a transfer.
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Canton Board of Health October 1, 2018 Page 2 of 2 I:1 zutw Tobacco and Nicotine Non-compliance — Prestige Car Wash of Canton: No one was present from the establishment, despite their receipt of the certified letter regarding the tobacco and nicotine non-compliance and the meeting tonight. The Health Office received a telephone call about the sale of prohibited flavored tobacco products at the store, and a subsequent site visit was made and confirmed the validity of the complaint, and subsequently the violation. Upon a motion from Dr. Rapaport, seconded by Ms. Slattery, the Board voted to impose the penalties for first time offenders of the tobacco regulation. Accordingly, the Prestige Car Wash of Canton at 925 Turnpike Street, Permit to Sell Tobacco & Nicotine Products, was suspended for 3 days beginning at 12:01 AM on October 10, 2018 and lasting until midnight on October 12, 2018 during which period Prestige Car Wash of Canton, Inc shall not sell any tobacco or nicotine products. All tobacco and nicotine products shall be removed from the display shelves and placed off the premises of the store until after the 3 -day period has expired. All flavored tobacco and nicotine products, no matter how they are labeled, shall be immediately and permanently removed from the premises as well. The five hundred dollar ($500) fine is assessed and shall be sent the Canton Board of Health within twenty-one (21) days of October 4, 2018. The thirty-six (36) month probationary period shall commence immediately following the first violation in accordance with the Regulation, during which time, any additional non-compliance with the Regulaion shall be treated as a second offence with increased fines levied and an increased suspension period would be added.. VOTED: 2 — 0. DISCUSSION Annual Health Fair: The Annual Health Fair will be held on Saturday, October 20 at the Canton High School. Doors will open at 10:00 AM . Flu vaccines will be available for residents older than 3 years of age. ADMINISTRATION Regular Session Minutes — July 9, 2018: Upon a motion from Dr. Rapaport, seconded by Ms. Slattery, the Board voted to approve the regular session minutes of July 9, 2018 as presented. VOTED: 2 — 0. Regular Session Minutes — September 17, 2018: Upon a motion from Dr. Rapaport, seconded by Ms. Slattery, the Board voted to approve the regular session minutes of September 17, 2018 as presented. VOTED: 2-0. BILLS AND VOUCHERS Bills and Vouchers: Upon a motion from Dr. Rapaport, seconded by Ms. Slattery, the Board voted to approve the bills and vouchers as presented. VOTED: 2 — 0. ADDITIONAL ITEMS Next Meeting: The next meeting will be on November 5, 2018 at 7:00 p.m. ADJOURNMENT Adjournment: Upon a motion from Dr. Rapaport, seconded by Ms. Slattery, the Board voted to adjourn the meeting at 7:40 pm. VOTED: 2 — 0. Respectfully submitted, Alan Rapoport, OD / Clerk