TOWN OF
Phone# (508) 234-3272 Fax# (508) 234-0821
The Northbridge Board of Health approved
these minutes at a meeting held April 1, 2008.
This meeting was
called to order at 7:00 PM by Mr. Paul McKeon, Chairman. Other members present
were Mr. Steven Garabedian, Mr. Chris Cella and Ms. Ann Marie Thompson. Mr.
Scott Chase arrived after the reading and approval of minutes. Also present was
Minutes: A motion was made by Ms.
Thompson to accept the minutes of March 4, 2008. Motion seconded by Mr. Garabedian;
the vote was 3-0 in favor. Mr. Cella abstained.
Wal-Mart
Supercenter - Hearing: A hearing to discuss whether the Board should revoke or
suspend the permit to operate as a food establishment for the Wal-Mart
Supercenter due to continued violations at this establishment was held by the
Board. Present for this hearing were: Attorney Kevin J. Sullivan, Jr of Wilmer
Hale, Ann M. Vashon - Construction Manager, Gerard Roy - Grocery Market
Merchandiser, Robert Rolandelli - Store Manager, and Kathleen Drea of Barry
Porter and Associates.
Mr.
Cella questioned why it took a certified letter from the Board of Health to get
this many people at a meeting and to get these problems fixed. He stated that
they moved at their own pace with no regard for this office. He stated that the
process needs to be fixed if it takes a full year for a problem to be resolved.
Mr.
Rolandelli explained how for the past year he had to deal with both
construction and compliance departments to correct violations in the store. Mr.
McKeon noted that that is typical for a new construction project. Mr.
Rolandelli stated that from now on he will be dealing solely with the
compliance department at Wal-Mart for any corrections to the food service
establishment but because of the new construction of the building and warranty
considerations these problems needed to be resolved through both construction
and compliance departments. He provided flow charts to the Board showing the
past process and his current process to resolve non-compliance issues. He noted
that due to these past issues going through both construction and compliance
that it accounts for the times that the store was utilizing two different
plumbers trying to resolve problems – each department sent their own person.
Mr.
Cella asked if this flow chart was the SOP for Wal-Mart or if he had created
this himself. Mr. Rolandelli stated that he created the flow chart to show that
he no longer needs to go through the construction department for warranty
issues for this store. Mr. Cella stated that if he created this and it is not
the SOP for Wal-Mart then there is still a problem with Wal-Mart because it
took over a year to get these issues resolved.
Mr.
Garabedian stated that he could not understand why it took over a year for
Wal-Mart to provide proper hot water to the hand sinks in a food preparation
area. He stated that the matter should have been resolved immediately as food
service employees will not typically wait several minutes for hot water to get
to the sink so they can properly wash their hands. He stated that a corporation
as large as Wal-Mart should have been able to have this matter resolved
immediately.
Mr.
Cella stated that he believes they all share in the blame. He stated that it
took a certified letter to get them before the Board and to come up with an SOP
that isn’t even a company SOP – for Wal-Mart to take over a year to fix a basic
water issue is a disgrace.
Mr.
McKeon stated that in our previous meeting the Board reduced the non-compliance
fee from $450 to $200. The store has since had two additional inspections due
to non-compliance and those fees are $450 per inspection. The total now due the
Town is $1,150.00. Mr. McKeon stated that he saw no reason for the Board to
consider reducing any of these fees. The Board was in full agreement and
requested that payment be received within seven days in accordance with our inspection
policy.
Mr.
McKeon noted that Ms. Gilchrist, the health inspector, has signed off on all
outstanding violations.
Mr.
Cella asked how the hot water at the hand sinks was finally resolved. Mr.
Rolandelli stated that individual hot water tanks were installed at each sink
so that now within 10 seconds of turning on the water the sink is supplied with
hot water. Mr. Cella questioned how long it took for the plumber to do that
work. Mr. Rolandelli stated that it took approximately 15 minutes per sink to do
the required plumbing.
Mr.
Rolandelli stated that he did not believe that there would be any problems in
the future. He stated that it will be much easier for him to obtain compliance
as he now only needs to deal with one department at Wal-Mart headquarters. Mr.
Cella stated that the problem hasn’t been solved, he simply circumvented the
process by preparing his own SOP. Mr. McKeon stated that he understood how that
happened as this was new construction and there are warranty issues involved.
Mr. Cella stated that in that case, Mr. Rolandelli should have been more
aggressive in obtaining the necessary contractors to resolve the outstanding
issues – if after one month no plumbers show up you get on the phone and get
after them to send someone to fix the problems – you take ownership of the
problems.
Mr.
McKeon again noted that Wal-Mart is delinquent in payment of outstanding
non-compliance fees for the additional inspections that were necessary due to
continued violations in the store. He stated that the total fees now due are
$1,150.00. The Board noted that they would not be willing to sign off on the
occupancy permit until all fees are paid.
Motion made by Ms.
Thompson to place the matter of the Board of Health sign off on the occupancy
permit for the Wal-Mart Supercenter on the agenda for the next Board of Health
meeting which has been scheduled for April 1, 2008. Motion seconded by Mr.
Garabedian; the vote was all in favor.
Food Service –
Pirate’s Cove – Grease Trap: Mr.
McKeon informed the Board that it had come to the attention of the office that
Mr. Larry Wiersma, Plumbing Inspector, had checked
the grease trap at Pirate’s Cove, as had been requested by the office, to
determine if the grease trap was properly sized for the establishment. Mr. Wiersma reported that the trap was not properly installed
as it did not have a flow control device on it which means the waste water is
simply going through the fixture into the municipal sewer line. It was also
noted that the trap was not properly sized. An order requiring the proper
installation of a new grease interceptor has been issued. Ms. Gniadek informed
the Board that Mr. Donofrio, the owner of this
establishment, has contacted the office to inform the Board that he is in the
process of hiring a plumber to correct this situation.
Quaker Street Landfill: Ms. Gniadek informed the Board that Beta Group, the engineers handling
this year’s post closure maintenance of the landfill, have filed with the DEP a
notification retraction for the recent required notification to DEP of the
presence of lead in the drinking water sample taken at 1150 Quaker Street as
part of the maintenance plan for this site. A copy of the retraction was
provided to the Board. The retraction is due to subsequent sampling that
determined that the lead levels were within acceptable parameters and the
reassurance that the drinking water well will be tested bi-annually as part of
the continued maintenance and monitoring program at this landfill. No further
action required by the Board at this time.
Wetlands Protection Bylaw – Proposed Amendments: Mr. Wyatt Mills, Chairman of the Northbridge
Conservation Commission, appeared before the Board to discuss the proposed
amendments to the Town of
Sunset Drive Drainage Easement – Water Test Results: Mr. McKeon informed the Board that he and Mr.
Garabedian collected water samples on February 22, 2008 and on March 10, 2008
for testing by the Northbridge Sewer Division for fecal coliform.
The February 22nd samples tested at 2 colonies per 25 ml and 3
colonies per 75 ml. The March 10th sample tested at zero colonies
per 25ml and 75ml.
Mr. McKeon stated that he
would like to monitor the site by conducting one additional sample in June and
that if it also comes back at these levels then the Board can consider this
matter closed. Mr. McKeon suggested that a letter be sent to Mr. Kroll
informing him of these water test results and extending to him an invitation to
witness the June sampling – a date and time which he can request of the Board.
Mr. Cella motioned to send letter to Mr. Kroll with recent water test results and invitation to witness an additional sampling in June of 2008. Motion seconded by Ms. Thompson; the vote was all in favor.
Old & New
Business:
The Board reviewed correspondence from Riverdale Mill owner James Knott regarding the recent noise complaint. Mr. Knott requested that he be provided the name of the
complainant. McKeon stated that the
complaint originated from the Town Manager’s office from Selectman Charles Ampagoomian and that he has provided Mr. Knott with that
information. He further stated that prior to issuance of the noise complaint
letter to Mr. Knott that he followed up with Mr. Ampagoomian
to find out the name of the individual that made the complaint as it is the
policy of this office not to act on anonymous complaints.
Ms.
Gniadek informed the Board that the bylaws of the Town have not been updated to
allow the Board of Health to serve as the nominating authority for the Inspector of Animals position. This appointment must be
made by the Town Manager who has requested that the Board of Health provide him
with their recommendation. A
motion was made by Mr. Cella to recommend that Mr. Edward Mansfield be
appointed again as the Inspector of Animals. Motion seconded by Ms. Thompson;
the vote was all in favor.
The
Board reviewed correspondence from the Planning Board regarding Chapter
43D and Stormwater Management Bylaws and regulations. Motion to table this matter to the next
meeting to allow the Board time to read through the regulations was made by Mr.
Cella and seconded by Mr. Garabedian; the vote was all in favor.
Ms.
Gniadek informed the Board that the Department of Public Safety has enacted Trench Regulations that will need to be enforced by the Town once the Town
adopts local regulations to address the matter. Mr. Richard Sasseville, DPW
Director, is preparing regulations for adoption by the Town. These new
regulations may affect septic system installations.
The
unresolved matter of the stabling
of horses on APR land on
Correspondence:
Correspondence dispersed to the Board included:
1.
MEHA Education
Seminar – Review of Soil Evaluations and System Inspections
2.
Sanitary Sewer
Overflow Notification Form – March 10,
3.
Memo – Central
Mass Mosquito Control Project – Notification of Commencement of Mosquito Larval
Control Program
There being no further business,
motion to adjourn at 8:25 PM was made by Mr. Garabedian, seconded by Mr. Chase
– all in favor.
Attested by,
Jeanne M. Gniadek, Administrative
Assistant