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17 N'ton Lodge of Elks 997 Page 4 ui 5 Health Dir. 587-12113 From: Ed Cooper[mailto:ejc36 @netscape.com] Sent: Monday, October Ul, 2.00/ 1:43 PM To: Ernie Mathieu Subject: Elks 997 Mr Mathieu, Regarding the past complaints which I have made to you regarding the non compliance by the Northampton Elks Lodge 997 of private club smoking regulation set forth by the Northampton Board of Health in April 2007 of which you have requested that I put them in writing. I am currently and have been a member of the Northampton Lodge of Elks 997 since 2002. The Northampton Elks 997 hosts a weekly BINGO game each and every Wednesday. The game is sanctioned by the Massachusetts Lottery Commission and is open to the general public and is held in the lodge's function which is adjacent to the bar area. Patrons of the-game beginarriving at approx.4:30pm in order dine on food prepared in the lodge kitchen by Elk Club volunteers. Members of the public are in the function hall at the club belvv.a..n ,4:30pm ..^.a th^..^.I..t the B!Nnn tee«•.. •�h: . A t nrnv 9•OOnm Durinn which times smokier) is allowed in the bar area which allows cigarette smoke to permeate the entire building including the function hall. There is no negative pressure ventilation system installed in the bar area to prevent the permeation of smoke. The Northampton Elks 99( sponsors soy scout I roop lug winch no us ns weeisiy meeiinys in ii ie lei idiel each and every Monday during the school year. Smoking is allowed in the bar area which allows smoke to permeate the area where the Boy Scouts gather. The Northamtpon Elks 997 is in contractual agreement with Seth Mias Catering to allow Mr. Miss to use the kitchen factilites of the lodge to prepare food for his catering concern. Smoking is allowed in the bar area while Mr. Mias's employees who are not Elk members, labor in kitchen area in which cigarette smoke from the bar contaminates. Mr. Mias caters up to eight public banquets and parties per month which are not Elk related and ,,rat pun"- These• ^t'p^--held :n the mein&TnMinn h?l! at the IM..._. Smnkina is are attended vb bar ea which L.all �. allowed in the br area which allows cigarette smoke to permeate the hall during these events. I have spoken to the lodge's Exalted Ruler Doug Luce regarding the violations with negative results. Mr. Luce states that the regulation don't apply to the lodge as there is a wooded door separating the function hall from the bar area. He aiso states that he would uniy have to place a fan in a widow to come into comp.:.*-^. ..might be noted that all windows in the lodge are fixed and cannot be opened. Mr Mathieu, given your position as-the Director of the Northampton Board of Health, I am requesting that force- the Northampton Elks Lodge 997 to comply with the rule and regulations set forth by the Northampton Board of Health in April 2007. Respectfully, Edward Cooper 413-427-0774 ht tp://mailisp.netscape.comiemaillscripts/vtew.pl?EV1=12425755532695247 5/17/2009 w Page 3 of 5 Subject FW: Elks 997 Mary, This was sent to me by Ernie. Should we set up a meeting of the Tobacco Coaltion7 Sharon I've stopped 2,426 spam and fraud messages. You can too! Free trial of spam and fraud protection at F:ww d Dud mark.7.0 LOUDMARK E_, From: Ernie Mathieu [mailto:emathieu @northamptonma.gov] Sent:Tuesday, October 09, 2007 5:03 PM To: healthdept @southhadley.org Subject: FW: Elks 997 October 8, 2007 Dear Ms. Hart. I am respectfully requesting assistance from the Coalition to assign the Enforcement Officer(s)to investigate this being used by non—member groups or organizations orkw^ ^ the Elks Lodge during the tiro=that rooms are complaint sent this offk2 by M w, e°".,,ng `°r"o'. .� _.frs .. y when open to the public such as bingo nights. Please let me know if this request can be honored. Thank you. Sincerely, Ernie Mathieu http://mail.isp.netscape.com/email/scripts/view.pl?EV 1°12425755532695247 5/17/2009 Page2 of5 From: Sharon Hart[mailto:healthdept @southhadley.or9] Sent: Friday, October 12, 2007 3:55 PM To: Ernie Mathieu Subject: FW: Elks 997 Ernie, We will setup a meeting of the Coalition and will address your concerns. Sharon I've stopped 2.434 spam and fraud messages. You can too! Free trial of spam and fraud protection at w!vJ`.v.cioudmark C CLOUDMARK From: Mary Kersell [mailto:mwk @kin.umass.edu] Sent: Friday, October 12, 2007 11:10 AM To: 'Sharon Hart' Subject: RE: Elks 997 OK, I'll try to set up a meeting. I heard yesterday that the contract is finished. Mary Mary Kersell 413-259-2903 mwk(okin umass edu Front: Sharon Hart[m ohe� t@s uthhadley.or9] Sent Friday, OariIZ 10:16 To: mwk @kin.umass.edu isn.netscape.conVemail/scriptslview.pl?EV 1=12425755532695247 5/17/2009 View Mail I Next I Sent Reply Ah Forward Delete Move message to... - Show Full Headers I Printer View I Add Sender To Address Book "Ed Cooper' <ejc36@netscape.com> <ejc36 @netscape com> "Ernie Mathieu" <em athieu @northamptonma.gov> Re: FW: Elks 997 Tue 10/23/07 02:40 PM From: Reply-To'. To: Subject Date' Page l 01 - Go To Page... - Attachments Name Type Save Vie Part 1 text/him! S ry image001.gif Imagelgif image001.gif image/gt Mr. Mathieu, After our conversation on this date, Oct. 23,2007, and after conversing with members of the Board of Trustees immediately the Northampton w with the mok smoking regula been ons which were set forth byrthe Northampton onaBoard of Health in the immediately comply April 2007. At this time with that assurance, I am requesting that my complaint regarding the continued violations of those regulations be held in abeyance without prejudice and that the pending investigation by the Mt Tom Tobacco Control Coalition into those violations v a ' complaint observed further violations of the above mentionedregulat regulations occurring at the Northampton Elks Lodge 997. Please feel free to share the body of my original complaint to you and the Northampton Board of Health dated Oct. 16,of the Northampton regarding Elks the above 997 mentioned ned violations vaw and any or all of this correspondence with any member Your past and continued cooperation in this matter is truly appreciated. Sincerely, Edward Cooper 413-266-3021 413427-0774 —emathieu @northamptonma.gov wrote: From: "Ernie Mathieu" <emathieu @northamptonma.gov> To: <ejc36@netscapecom Subject FW: Elks 997 Date:-Tue, 16 Oct 2007 09:59:41 -0400 Dear Ed, I will keep you posted on this issue. Thanks.. Ernie ;crr netscape.cotn/email/scripts/view.pl?EV 1=12425755532695247 5/17/2009 Raymond Capers Gerald Clark Edward Cooper Lawrence Costello Northampton Lodge of Elks 997 13 Spring St. Florence, Ma.01062 May 18, 2009 Xanthi Scimgeour, Director Northampton Health Department 212 Main St. Northampton, Ma.01060 Dear Ms.Scimgeour, We as current and past officers of the Northampton Lodge of Elks 997 submit this letter to you and the Northampton Board of Health after receiving a multitude of complaints from club members,past and present employees and guests regarding high levels of ATS(atmospheric tobacco smoke) and the migration of that smoke from the club room(lounge)to other portions of the lodge. We now seek the assistance of the Northampton Board of Health on the matter of smoking in the Northampton Lodge of Elks 997 and other private venues in Northampton. On April 19,2007 the Northampton Board of Health voted to allow the continuation of smoking in the then five private clubs in Northampton.There are currently two private clubs in Northampton which allow smoking. The Board stipulated that the clubs shall install negative air pressure systems to prevent the migration of ATS throughout their buildings while non members are on the premises.At this meeting you voiced your concern over the impact of ATS on the employees of these various clubs and what if anything the clubs had done to ensure a safe working environment for those employees. On June 5, 2007 the Northampton Lodge of Elks held a vote as to whether or not to ban smoking in the club.With approx.120 member casting their vothe t done fined that hf smoking in the would erase red smoke free. However,the members who supported a procedural error in the first vote which forced a subsequent vote overturning the smoking ban by eight votes. On Oct. 1,2007 Northampton Elks Lodge member Edward Cooper filed a written complaint with then Northampton Health Department Director Ernest Mathieu. In his complaint, Mr.Cooper stated that the Northampton Elks had failed to comply with the negative air pressure system installation stipulated by the Northampton Board of Health.At that time the Northampton Elks Lodge agreed to install the prescribed negative air pressure system. In his response to Mr.Cooper's complaint Mr.Mathieu stated that a negative air pressure system would transform the cigarette smoke contaminated air within our lounge to the quality of"fresh fallen snow" as he put it,and would prevent even the minutest particle of ATS from migrating to any other areas of our lodge. After an initial expenditure of $6500.00 for the purchase and inB500t0onin failed atee air pr prevent t of a system in late 2007,we have invested another approximately the migration of cigarette smoke into other areas of the lodge.The quality of the air within the lounge area is poor at best and is a significant health risk to our employees, members and guests.This is to the extent that many long time and many elderly club members refuse to participate in club functions due to the poor air quality resulting from ATS which may cause or exacerbate health issues. Recent studies reveal that negative air pressure systems are ineffective in the elimination of ATS in areas where active tobacco smoking is occurring and does nothing to stem the horizontal movement of ATS. Negative air pressure systems have been found to be merely an expensive and ineffective panacea to bring private clubs into minimum compliance in the mitigation of ATS. Recently the Northampton Elks Lodge has contracted with an outside catering firm to act as the club's exclusive caterer,This caterer will bring his employees sie to par canno are and serve r food for r priv has te functions in the club's banquet hall. At this time,the Northampton employees or guests will not be exposed to second hand smoke which has migrated into the banquet hall or employee work area.We,in the like,cannot guarantee the safety of the members of Boy Scout Troop 109 who meet at our lodge weekly,the attendees of various youth sports banquets which are held throughout the year and members of the public who attend our weekly Bingo session on Wednesday evenings.And furthermore,we as a lodge have failed to safeguard our own members and employees from the proven dangers of second hand smoke. There is overwhelming and irrefutable scientific evidence which prove the dangers of ATS. Even now there is discussion in the public health community about the dangers of"third hand smoke"or particulate contamination where the harmful particulate matter of tobacco smoke is carried about on the clothing and skin of those exposed to MS and spread to other by casual contact. It has been determined that there is no safe exposure level to cigarette smoke.With that,there cannot be any valid argument to the continuation of smoking in quasi-private venues in Northampton.The health risks of ATS simply outweigh the so called argument of"freedom of choice". We at this time request that the Northampton Board of Health consider revisiting their vote of April 19, 2007 to allow smoking in private clubs in Northampton. Our sole purpose is insure the safety of all Northampton Elks members, employees,contract employees and guests at our lodge. Respectfully submitted, Raymond Capers Past Exalted Ruler Northampton Elks Lodge 997 Edward Cooper Trustee Northampton Elks Lodge 997 Gerald Clark Past Trustee Northampton Elks Lodge 997 Lawrence Costello Trustee Northampton Elks Lodge 997 On this date a meeting � Of k NORTHAMPTON BOARD OF HEALTH cdoea MINUTES May 21, 2009 as held at City Hall, 2nd floor Hearing Room, 210 Main Street. Present: Jay Fleitman, M.D. Suzanne Smith, M.D. Donna C. Salloom Lawrence Costello, Elks Michael O'Brien, Elks Xanthi Scrimgeour, MHEd, CHES, Director Aimee Petrosky, Inspector Madeline Heon, Acting Secretary Edward Cooper, Elks Meeting was called to order at 5:35 p.m. by Chairperson Jay Fleitman. 1. Welcome and introduction: Public Comment: No one present at this time. 2. Review minutes from March 19th and April 9th,2009 meetings: March 19, 2009 reviewed and approved with an amendment: change the compliment from the Police Department to"about Aimee" and not"to Aimee". April 9, 2009 reviewed and approved. 3. Reports: Complaints-Board members reviewed and accepted. Restaurant Inspections-Board members reviewed and accepted. 4. Old Business: Animal Inspector Services-Xanthi explained that we are receiving bat complaints and that we are not going to handle them in the office as past practice. We don't have the proper equipment, protection or staff. The Board of Health will pay to have a veterinarian euthanize and package the bat and then the Board of Health will be responsible for mailing to the laboratory. Per Donnas' suggestion Xanthi will try to bill the Police Department since Animal Control is under their supervision. Xanthi stated that she is still waiting to hear from the Mayor in regards to the next steps and clarification concerning Animal inspector and Animal Control Services which are not currently being addressed by the Board of Health. Budget Discussion-Xanthi is still waiting to hear from the Mayor Suzanne suggested not doing anything at this time,just to wait and see. After a brief discussion Jay will contact the Mayor to discuss re-structuring the department for better health services. Jay also requested Xanthi to move forward and post for a part time inspector. Chamber of Commerce meeting with restaurants-Xanthi and Donna met with Suzanne Beck from the Chamber of Commerce and all agreed to work in harmony with the restaurant owners. will introduction restaurant Board to be sent to all perhaps inviting them oa meeting to introduce the Board members and t eBoa d of Health staff in the future. Strategic Planning for Health Department-Jay will incorporate in his discussion with the Mayor about what the city invests in this department and what the department needs. 5, New Business: Elks non-smoking request for Private Clubs-Suzanne stated that in order to allow private clubs to ban smoking there would have to be a public hearing process. After discussion the members agreed to inspections to make sure the air handling system is functioning properly and in compliance with the current regulations. If the system is in violation a correction order will be issued. They will receive no more than two notices of 7 to 14 days to correct. There will be no smoking in the club at any time until the violation is corrected and inspected. Title V Fees proposal-tabled, Xanthi would like more research on the Title V process and its procedures. Meeting adjourned at 7:45 p.m.. Next meeting will be held Thursday June 18, 2009 at 5:30 p.m. in City Hall, 2ntl Floor Hearing Room, 210 Main Street. Respectfully submitted by, Madeline L. Heon Acting Secretary Madeline Heon From: Aimee Petrosky Sent: Monday, July 20, 2009 1:44 PM To: Madeline Heon Cc: Xanthi Scrimgeour Subject: Information Request Hi Madeline, I spoke with Counselor LaBarge and she has requested information regarding 1) All complaints that have come into the office about the Elks Lodge in the last 6 months. 2) any logs that Ernie may have kept about air quality in the lodge, and 3) Minutes from the board meeting (either April or May)where the three members of the elks came to inquire about what could be done to stop smoking in the Elks. She can be reached at 584-7937 when they are ready. Madeline before we call her to let her know these are ready can you run them by my desk for review. Thanks, Aimee Xanthi this is just and FYI for you in case this gets bigger. Aimee Petrosky Health Inspector City Of Northampton Phone:413-587-1214 Fax:413-587-1221 BOARD OF HEALTH MEMBERS JAY FLEITMAN,M.D.,ACTING CHAIR SUZANNE SMITH,M.D. DONNA C.SALLOOM DIRECTOR OF PUBLIC HEALTH XANTH I SCRIMGEOUFt,MHEd,C HES, (413)587-1214 FAX(41 3)587-1221 July 21, 2009 Magda Strychar Elks Lodge 997 17 Spring Street Florence Ma, 01062 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 To Whom It May Concern, On July 15, 2009 an inspection was conducted on your facility based on complaints the Health Department has received about smoke traveling to non-member areas of your club. Health Inspector Aimee Petrosky was accompanied around the premises by Manny Kolamba. Upon inspection the ventilation system was operating, and I found I was able to smell smoke in two of the non-member areas. The locations were the kitchen as well as the front entry way. Because of this I requested a copy of the paperwork for the ventilation system within 48 hours to assess its efficacy of removing the smoke as well as preventing the smoke from traveling into other areas when doors are opened. On Friday July 17, 2009 I received a call from Larry Costello to inform me that he was trying to locate the paperwork but was having difficulty. Although there was an air filtration system in place and operating I verbally asked Mr. Costello to have the club refrain from smoking while there are non- members in the building until I could determine why smoke was in areas other than the designated smoking area. This is pursuant with the regulation passed by the Board on April 19"2007 regarding smoking in private dubs. You are entitled to request a hearing in writing within seven days of this notice if you disagree with this report or request. Please feel free to contact me at 587-1214, R you have any questions. Sincerely,. Aimee Petrosky Health Inspector 212 Main St Northampton Ma, 01060 413587=t214- This inspection report is signed and certified under the pains and penalties of perjury BOARD OF HEALTH MEMBERS JAY n.En1MM.M.C. SUZANNE S1[RN.r.o. DONNA C.9ASLCOM AA1171413CfADEOUR,MKS,CHES. DIRECTOR OF PUBLIC NFALTN (413)687-1214 FAX(413)687-1221 REQUEST FOR PERMISSION TO VIEW REC OR HAVE COPIES OF DOCUMENTS M *PLEASE KEEP THESE DOCUMENTS IN CHRONOL Oo DATE: aB 2 � 1 ' FILE ADDRESS: f L S r � al rFi r s Type of information reo bested cam% yt i Y✓'(" S 04 1 iezit -4Tt0srs or ,mtnUrJi'CA- N0 r s E LS C AD oar# ) 2009 i3 J NORTHAMPTON BOARD OF HEALTH NAME: ADDRESS: PHONE#: 01,4 �(erOLAJC 20,ar b - PI care,ice 13 — sic �- pear UNDER MASS GENERAL LAWS WE HAVE THE RIGHT TO MEET THE ABOVE REQUEST WITHIN TEN (10)DAYS OF THE ABOVE LISTED DATE. For your convenience you may fax this form to the BOH at-413-587-1214 You may also mail it to Northampton BON at 212 Main Street Northampton Ma 01080 Please be advised there is a.25 cent fee for each page. /41 - \91,(0 ( Shy ■ e4re Pitivjo) b �q- 6ienow( TO 394/d z 79SZ98SETO SV:OZ 600Z/ET/L0