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HomeMy WebLinkAboutHEALTH04042013_201307171009Board of Health Minutes April 4, 2013 Present: Catherine Memory, Chairperson; Michael McClean, Clerk; Nancy Wall; Joseph DeGirolamo; Michael Healey; Scott Leite, Board of Health Agent. 1. Call to Order @ 7:05 PM in Meeting Room 2 AJB 2. Consent Agenda a. Approval of February 7, 2013 b. Approval of a Disposal Works Installer Permit A.T.W., Inc. c. Approval of a Permit to Operate a Temporary Food Establishment Aahhh -Roma LLC - NEFFA Dave & Jerry's, Inc. — NEFFA Slice of Life — NEFFA Lemon Grass - NEFFA Lithuanian Folk Dance Group of Boston — NEFFA d. Approval of a Septage Pumping and Transportation Permit Barry Bros. Disposal, LLC e. Approval of a Permit to Operate a Food Establishment Courtside Pub Mr. McClean made the motion to approve the Consent Agenda, Mr. DeGirolamo seconded the motion. Motion passed 4 -0 -0. 3. Correspondence: Nursing Report for February and March 2013 4. Old Business: Marilyn Edge, Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative and Cheryl Sbarra, Senior Staff Attorney for the Massachusetts Association of Health Boards. Marilyn Edge asked that the board appoint Nic Charest and Marc Correia as unpaid (by the Town of Mansfield) tobacco inspectors for the Town of Mansfield. She explained they are part time inspectors for the FDA under the Department of Public Health and funding for these positions for tobacco 1 inspections, compliance and enforcement would be through Ms. Edge's budget. She said she has asked the other members of the collaborative to appoint the agents. Ms. Sbarra explained the inspections would be done under federal guidelines which are stricter than the state guidelines. She said this program has been done in New Bedford and in central Massachusetts and has worked well; Mansfield would be the third town in the pilot program. She said if there is a violation on an FDA inspection, the establishment would be subject to more frequent inspections. Mr. McClean said this information would be put into both the local and the state systems. This would mean the towns would receive notice of any inspections and violations immediately; currently, the time between the inspections and notification is forty -five days or more. Ms. Wall asked if the students participating in the inspections are local. Ms. Edge said they are not local but are trained under FDA and regional guidelines. Mr. DeGirolamo made the motion to appoint Nic Charest and Marc Correia as unpaid agents for tobacco enforcement. Ms. Wall seconded the motion. Motion passed 4 -0 -0. Sunoco #6035 Youth Access FDA Violation: Mr. Joseph Scaramozzino, Operations Manager for Sunoco Marketing for New England and Mr. Joseph Burroughs, Store Manager, were present. During a compliance check at the store on October 6, 2012, a minor was able to purchase cigarettes. Mr. Scaramozzino explained when an employee is hired, they go through Computer Based Training for age- restricted items and controlled substances and an additonal Sunoco program on how to handle customers purchasing tobacco products. He said Sunoco is also part of BARS, a voluntary program where an independent company is hired to shop the stores once a month. If a violation occurs, the store would be shopped twice a month. The shoppers are between the ages of 18 and 25. He said if an employee flunks a BARS test, for the first violation they are suspended for three days without pay and must redo all the initial training and are required to attend an age- restricted class, at Sunoco University, a van that is sent out four times a year to the stores. If the employee is unable to attend, they are not allowed to work until the next time the van is in the area and the course has been satisfactorily completed. A second violation results in termination. Mr. McClean asked if the process is the same if an employee flunks an FDA inspection. Mr. Scaramozzino said if an employee fails an FDA or Collaborative inspection, the first offense results in termination. Mr. Healey arrived at 7:30 pm. Mr. Healey asked how often these policies are reviewed. Mr. Scaramozzino said every payday, employees are required to sign an age- restricted document, stating they understand all policies regarding the purchase of tobacco products. Marilyn Edge and Cheryl Sbarra discussed capping tobacco permits. By capping the permits, Ms. Edge said the number of tobacco permits issued in Mansfield would never increase. If a retail establishment, holding a tobacco license, was sold, the new owner would be able to have a license to sell tobacco 7 products because the location is the same. if the owner of an establishment did not sell to another retailer, the town could choose to hold the license or the license could be permanently retired, gradually decreasing the number of tobacco permits. She said this would eliminate a person's ability to open a bar or restaurant and sell tobacco products. Ms. Edge said Mansfield can make this part of the tobacco regulations. Mr. DeGirolamo said he is not in favor of capping tobacco licenses at this time. Mr. McClean asked if there is any evidence that capping tobacco licenses decreases the use of tobacco. Ms. Sbarro said when they tried to evaluate the impact of capping in Boston, the only significant change was that no new stores opened and no new tobacco permits were issued. She said there is no evidence there was an impact on the smoking rates. Mr. McClean said it only impacted businesses, not the selling of tobacco products. Ms. Edge said when you cap the tobacco licenses, the license becomes more valuable and stores pay more attention to the local and state regulations because they know if they lose the license because of violations, they are not going to get it back. The board postponed making any decision on the capping of tobacco licenses. 2013 Fee Schedule: Ms. Memory opened the hearing to give the public an opportunity to be heard regarding the new schedule fees. No one from the public sector was present. Ms. Memory closed the public hearing. Mr. DeGirolamo made a motion to approve the new fee schedule as presented. Mr. Healey seconded the motion. Motion passed 5 -0 -0. 5. New Business: The yearly Vegetation Management Plan (VMP) and the Yearly Operational Plan (YOP) for the Town of Mansfield were discussed. Mr. Healey made a motion to approve and sign the VMP and YOP for the Mansfield Department of Public Works. Ms. Wall seconded the motion. Motion passed 5 -0 -0. 6. Health Agent's Report: 1. NEFFA Food Vendors: Mr. Leite told the board the new organizers of the event are nice to work with, are well organized and are frequently in touch with him. The festival will be held April 19, 20 and 21, 2013 at the Mansfield School Complex. 2. Emergency Preparedness — Small pox, EDS: Mr. Leite has scaled down the Department of Public Health plan for the emergency dispensing of the small pox vaccine. In an emergency, the goal would be to vaccinate the entire town within thirty -six hours. He told the board he has modeled the plan for Mansfield on the flu clinics, especially the H1N1 clinics. Ms. Memory reminded the board they have to complete the on -line Conflict of Interest Training. 7. Adjournment: Ms. Wall made the motion to adjourn at 8:20 pm. Mr. DeGirolamo seconded the motion. Motion passed. Next meeetiinng It 'e May 2, a 7:00 pm. Michael McClean, Clerk Date All matters listed under Consent Agenda are considered to be routine by the Board of Health and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. 4