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Town of Lenox, MA

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Board of Health Minutes 12/03/2003
Town of Lenox
Board of Health

Minutes of Meeting - December 3, 2003

Members Present:        Andrew J. Breslin, Chair, Marie V. Feder, Joseph A. Kellogg

Chair A. Breslin called the meeting to order at 7:30 p.m. in the Lenox Town Hall.
Minutes of the October 1, 2003 meeting were reviewed and signed by all members.

M. Feder advised that Peter Kolodziej of Tri-Town Health has requested a change be made to the recently enacted Tobacco Regulations which prohibit smoking in all workplaces.  The requested change is to modify Section G. Violations in order to increase the amounts of the fines and add an additional option for food service establishments which would provide for revocation of a food service permit.  There was some discussion as to whether this change should be done at a Tri-Town Board of Health meeting to assure conformance with Lee and Stockbridge.  It was agreed that further amendments could be made should the other two towns pass something different.  On a motion by J. Kellogg, seconded by M. Feder, the Board voted 3-0 to revise the following new language for Section G. Violations of the Tobacco Regulations:  

        G.  Violations:
        Any employer, or his or her business agent, who violates any provision of this regulation shall receive:
1.      In the case of a first violation, a fine of two hundred and fifty dollars ($250.00).
2.      In the case of a second violation within 24 months of the date of the first violation, a fine of three hundred and fifty dollars ($350.00).
3.      In the case of three or more violations within 24 months of the current violation, including the current violation, a fine of five hundred dollars ($500.00).
4.      In the case of a food service establishment, the Board of Health may revoke a food service permit granted pursuant to this regulation upon determination that a permit holder has committed a violation of this regulation.  The permit holder shall have an opportunity to be heard at such hearing and shall be notified of the Board’s decision, and the reasons therefore, in writing.

Board members reviewed a letter which had sent by Peter Kolodziej to Jason Macioge, proprietor of Bistro Zinc, advising that a number of complaints had been received
alleging that he was not complying with the Tobacco Regulations.  The letter further

Lenox Board of Health
Meeting Minutes - December 3, 2003
Page 2.

informed Mr. Macioge that in accordance with appropriate sections of 105 CMR , the Board was considering an order to revoke his permit to operate as a food
establishment and informed him of his right to testify at a hearing prior to such decision being made.  Discussion followed about the proposed hearing date, time, and place.  It was agreed that a date should be set at which all members could be present and also that the hearing be held at the Lenox Town Hall.     

A letter from the Berkshire County Boards of Health Association was reviewed which asked for participation in a regional coalition to deal with emergency preparedness matters.  All agreed that we should participate in this coalition which would be receiving an $80,000 grant for its activities.  

Other mail was read and included:  a letter from Peter Kolodziej advising that the Howard Johnsons Motel had corrected a problem with insects and slime in their bathrooms; a copy of a letter from Peter Kolodziej to the Selectmen asking that they withhold approvals of licenses for a number of food service establishments which continued to be in violations of health regulations, most commonly the lack of grease traps; and a letter from Maxymillian Technologies, advising of a response action being taken as a result of a #2 heating oil spill at 15 Holmeswood Terrace.  

There being no further business before the Board, the meeting adjourned at 8:32 p.m.


Andrew J. Breslin

Marie V. Feder

Joseph A. Kellogg

Lenox Town Hall  6 Walker Street, Lenox, MA 01240   PH: (413) 637-5500