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HomeMy WebLinkAboutBOH 11/09/2023Town of Mansfield Board of Health November 9, 2023 Minutes RECEIVED H Ct-'.-,.FM1,S OFFICE Mission Statement: The mission of the Mansfield Board of Health is to Of fle�tcprtser* 10: 11 and improve the public health, environment, and wellbeing of our citizens through the enforcement of federal, state, and local statutes and regulations, education and;piom'ii�'f sanitary living and working conditions, and protection of the enviromment fldiii diseNsb a45d� T `� pollution. Present: Kasia Frenette, Acting Chair, Michael Healey, Acting Clerk, Ryan Maxwell, Amy Donovan -Palmer, Health Director/Agent. Guest: Samantha Cuimano, TGI Friday's, Anne Biron, TGI Fridays, Dinesh Patel, Brian Fenstermaker, 17 Erick Road Apartment #1, Jon Crosbie, 17 Erick Road Apartment #1, Deana Steere, Providence Bagel, Wayne Smith, Dubs, Miguel Sanchez, Bristol Liquors, Josh Kelliher. The meeting was called to order at an unspecified time on November 9, 2023 by Kasia Frenette. The person intended to present was not present and will be addressed when she arrives. There was no correspondence at this time. The motion to pass the consent agenda was passed unanimously, 3-0. The October 12, 2023 meeting minutes were approved with a motion by Mr. Healy, seconded by Mr. Maxwell, and passed unanimously, 3-0. Deana Steere, a representative from Providence Bagel took the podium. There was one repeat violation: chemicals were found on the preparation tables in the establishment in August as well as in the beginning of September. At the end of September, this violation was corrected when inspected again. Steere stated that this was resolved by having a dedicated chemical storage place that is labeled and is directed on a training plan. Steere stated that this training plan will be completed no later than January 1. She stated that she is the "person in charge" of the establishment. Mr. Healy thanked her for her prominent presence in the community and she left the podium as this has been resolved. Samantha Cuimano, General Manager who is present at the location, and Anne Biron, senior director of operations who oversees 18 locations, took the podium to represent TGI Friday's. Kevin Duquette, Food Inspector, called in and stated that there were new violations in addition to the repeat violations. These included cleanliness and hygiene issues, temperature and dating issues, expired food, and setting up sanitizing buckets on the line. Discussion between the Board, Ms. Biron, and Ms. Cuimano occurred. Topics covered were managerial oversight, the physical condition of the establishment, and the lack of corrected violations since August. Ms. Donovan -Palmer stated that these four months of re -inspections are unacceptable. The proposed solutions include shutting down the business for an explicit period of time in order to meet the cleanliness standards, or having a food safety expert on -site that would report to the health department no less frequently than every other day. This could be an outside consultant or an in-house person. Mr. Healy asked if there was a sanitarian within reach, to which Ms. Biron stated she is the person for this. Ms. Donovan -Palmer and Mr. Healy determined that this is not sufficient and an outside consultant is necessary for this issue. Mr. Healey referenced an establishment previously required to hire an outside consultant who is now operating successfully. During discussion, it was decided that TO Friday's should be closed until they can meet cleanliness sanitation standards and hire an outside consultant to assist with education and oversight until TO Friday's has made improvements satisfactory to the Board. The Health Director will work in conjunction with the consultants on the best plan of action. Ms. Donovan - Palmer would provide Ms. Biron a list of consultants that she is aware of in the area by the next day. A motion was made by Mr. Healy, as the following: effective 10 November, TGI Friday's is to be closed until they satisfactorily pass a health inspection by the in-house sanitarian. They must hire an outside consultant within seven days in order to train workers and to outline the improvements to be made to maintain proper running of this establishment in a safe manner. There is to be a minimum of weekly reports to the public health agent. The motion was seconded by Mr. Maxwell. The motion passed unanimously 3-0. Tonia Keeble spoke about the work that her company Recolor, located in Hanover, MA, does around recycling latex paint. She spoke of local community involvement at household hazardous waste events or stand-alone collection sheds. Both Ms. Donovan -Palmer and Mr. Healey expressed interest in bringing this to Mansfield. Ms. Frenette stated that no one was present for 49 Draper Avenue. A summarization of the violation history was overviewed by Ms. Donovan -Palmer according to a written document compiled. It was stated that there have been repeat violations including: excessive moisture, amounting to a puddle, on the basement floor. Clifford Pierre, Regional Housing Inspector, present virtually, reiterated the violations. Ms. Donovan -Palmer stated that she and Mr. Pierre had just been notified that the work was corrected the previous week. Mr. Pierre is working on scheduling an inspection with the occupant. Mr. Pierre will conduct an inspection to confirm there has been work done to fix the problem. Ms. Donovan -Palmer clarified that it may be difficult to determine if the weather -proofing was sufficient until there is enough rainfall to determine it was not. There was a foul odor to the dishwasher, to which Mr. Pierre stated he observed which proves that this is an issue. Mr. Pierre will confirm it has been corrected at the next inspection. Ms. Donovan -Palmer recommended the Board take no action until after Mr. Pierre's inspection. Mr. Pierre will notify Ms. Donovan -Palmer the outcome of the inspection. It was stated that Ken Burke, the owner, was unable to attend the meeting due to medical issues but that work has been started and he requests a 10-12-day extension to the work order in order to complete the work. Brian Fenstermaker, the occupant, took the podium and stated that as of the day of the meeting, it is one hundred days since he first called to report the violations. His concern is that Mr. Burke is "band -aiding" the problem at hand. He reports that the tenet on the other side of the wall with the issue is also now facing the same issues as apartment #1. Mr. Fenstermaker shared his concerns that nothing has been done since the last meeting. Proposed options at this time include to grant Mr. Burke the extension that he is asking for and then begin giving fines if the violations are not fixed by then. Mr. Fenstermaker stated that he is frustrated with the timeline of one hundred days with no fixing the issues at hand. There was some discussion about correspondence between Mr. Fenstermaker and Mr. Burke and about some efforts made but still resulting in the work still not being completed. The option of a 12-14 day extension was proposed with fines following the days after if the problem is not fixed. Or a fine can be ordered now which would result in a daily fine for each day of work not completed. The fee amount, according to the housing code, is no less than $10 nor no more than $500. Through noncriminal disposition, it is said that the fine will be $50 per day. As the tenant raised concerns about the quality of the work, Ms. Donovan -Palmer stated that the building department would be overseeing through the permitting process to ensure that work will be done to quality standards. Mr. Healey made a motion for 17 Erick Road Apartment #1 that the owner of the property will be fined $50 per day until the work is performed to pass the housing inspector's code standards. Mr. Maxwell seconded the motion. Tuesday, November 14, was stated as being the first day of these fines. An inspection will occur on the 14th to confirm that the work has not been completed, which if it is the case, then fines will occur. The tenant asked about what is supposed to happen to his family, to which the board replied that this is not under their discretion. The motion passed 3-0. At the last meeting, language was addressed to be updated to match the state's wording and phrasing. There was a color coded and distributed copy of the regulations. Comments were asked from the public. Josh Kelliher took the podium; he is representing a client as "business partners" and he is a real estate agent. Mr. Kelliher stated that they are in the process of opening a cigar shop which requires a tobacco permit. This process began in March 2023. When they applied for a permit, there were none available due to the limit. The question at hand is if the board is willing to extend an additional tobacco license to this business. Some discussion occurred about the status of the business, the business's benefit to the tax base of the town, the current wait list of two permit applications, the implications of increasing the number of permits, and the undetermined qualifications to be on the wait list. Wayne Smith of Dubs took the podium requesting that changes to the regulations be more clearly explained. It was explained that the state has regulations and the highlighted coded regulations can be changed or altered as needed. Definitions were the main things that were altered as well as language. Mr. Smith asked if fines have been altered, to which Mr. Healy stated that last month the fines were updated to match the state regulations. It was said that Mansfield must be at least the same level of stringent as the state or more than. Different examples were given to show that the regulations are up to the discretion of the towns and that the changes were miniscule. Mr. Smith was told to reach out if he has any questions and that this will be addressed next month as well. Miguel Sanchez from Bristol Liquors took the podium next. He was also confused about the new information as well as the input that was wanted from him. It was discussed that the issues at hand will be summarized, via email, and for the next meeting input will be taken for consideration. Dinesh Patel took the podium. He is in the process of opening a new retail liquor store and has had challenges getting licensed for tobacco, similar to Mr. Kelliher. Some discussion occurred as to how many permits Mansfield held at one time and how it has decreased over the year. There was also discussion on when Mr. Patel knew there was a tobacco permit cap. Ms. Donovan -Palmer said that the cap has been in place for close to 4 years. As for general changes in the printed packets, anything highlighted in yellow is changed that the state recommends they make according to state law. A green highlighted section, meaning a new addition, was removed as it was seen as being repetitive. Council on Aging needs support for blood pressure and blood sugar reports. • Community Health Inclusion Index mini -grant Plan to address accessibility in recreational and open spaces. Ms. Donovan -Palmer has submitted an application for additional grant funding. Free Health Screenings including blood pressure, blood sugar, cholesterol, Hands only. CPR and associated prevention information 2nd Tuesday at the COA, 255 Hope Street 3rd Wednesday at Town Hall, 6 Park Row FY25 Budget: Ms. Donovan -Palmer has a meeting scheduled on the upcoming Tuesday to discuss the budget with Town Administration. 2024 Permitting: Lisa Faria has been up to date on this. PH Support and Services to Families in Emergency Assistance Shelter System: Ms. Frenette reported that all of the families are located at one hotel and they will receive a COVID-19 and flu vaccine clinic as well as continuing to gain support via the form of community donations. Opioid Funding: Christine Dooling (Director of Health Services for Mansfield Public Schools) has been in collaboration with Ms. Donovan -Palmer for youth services. Bristol -Norfolk Public Health Partners Coalition Grants Update: Public Health Excellence Grant Program for Shared Services Local health support for COVID-19 Case Investigation and Contact Tracing Shared services grant goes into fiscal year 2027 but 2024 for COVID-19 investigation. • PFAS • Website/Social Media Update • Housing Inspections • FOG • Grants 1. FDA Retail Standards Grant 2. Community Health Inclusion Index mini -grant Motion to adjourn made by Mr. Healey, 2"d by Mr. Maxwell at 9:34 pm. Approved 3-0 Clerk Date