Loading...
HomeMy WebLinkAboutHEALTH06062013_201309160907Town of Mansfield Board of Health Minutes June 6, 2013 Present: Catherine Memory, Chairperson; Michael McClean, Clerk; Michael Healey; Nancy Wall; Scott Leite, Board of Health Agent. 1. Call to Order @ 7:04 PM in Meeting Room 2 A/B 2. Consent Agenda Approval of May 2, 2013 minutes Approval of a Permit to Operate a Temporary Food Establishment BSA Troop 17 — Pam Vickers Live Nation Worldwide, Inc. dba The Comcast Center Chubby Chickpea Mobile LLC @ The Comcast Center Flour Girls Baking Company, LLC @ The Comcast Center Grab A Dog Roadside Grille — Relay for Life KHF, LLC dba The Dining Car @ The Comcast Center Kickass Cupcakes, Inc. @ The Comcast Center Sabra — KISS Concert @ The Comcast Center Strawberry Fields, Inc. @ The Comcast Center (5 Permits) Texas Roadhouse, Inc. @ The Comcast Center Approval of a Permit to Operate a Food Service Establishment Bertucci's Italian Restaurant Big Fish Promotions dba Dunkin Donuts @ The Comcast Center Canoe River Campground Cheng Du Restaurant (Tang SZ, Inc.) Classic Pizza Cold Stone Creamery Corporate Chefs @ Smith & Nephew Cosi Cousins Pizza & Subs, Inc. Covidien 15 Hampshire Street D'Angelo's Sandwich Shop Epicurean Feast @ Covidien 777 West Street Epicurean Feast @ Tyco /Kendall 5 Hampshire Street Epicurean Feast @ Covidien -Tyco 9 Hampshire Street Epicurean Feast @ Tyco /Kendall 100 Hampshire Street Family Food Mart First Baptist Church Honey Dew Donut Honey Dew Donut @ Shaw's Supermarket Jimmy's Pub and Restaurant Longhorn Steakhouse #5296 Mansfield Donuts Inc. dba Dunkin Donuts Mansfield Hospitality, LLC dba Holiday Inn Mansfield House of Pizza, Inc. Mansfield School Lunch @ Mansfield High School Mansfield School Lunch @ Robinson School Mansfield School Lunch @ Jordan Jackson Mansfield School Lunch @ Qualters Middle School Mansfield Youth Baseball New England Sportservice, Inc. @ Comcast Center (2 Permits) Old Country Store and Emporium, Inc. Orthodox Congregational Church Our Daily Bread — Mansfield's Community Food Pantry Quan's Kitchen Regent Cafe, Inc. Subway Trattoria La Cucini Della Norma Wendy's Old Fashioned Hamburgers of New York, Inc. Willowdale Golf Course Operating Company Approval of a Retail Snack License Bristol Liquors Carman Fueles Claire's Boutiques, Inc. Cork's Fine Wine & Liquors F & W Inc., dba Dub's Discount Liquors Justice 11559 Sports Authority Weight Watchers North America, Inc. Approval of License to Manufacture Frozen Desserts and /or Ice Cream Mix Cold Stone Creamery Wendy's Old Fashioned Hamburgers of New York, Inc. Approval of Pushcart Bruno Concessions Approval of Catering License Love at First Bite Creative Catering @ St. Mary's Church Approval of a License to Sell Milk and Cream Bertucci's Italian Restaurant Bruno Concessions Canoe River Campground Cheng Du Restaurant (Tang SZ, Inc.) Classic Pizza Cold Stone Creamery Corporate Chefs @ Smith & Nephew Cosi Cousins Pizza & Subs, Inc. Covidien 15 Hampshire Street D'Angelo's Sandwich Shop Epicurean Feast @ Covidien 777 West Street Epicurean Feast @ Tyco /Kendall 5 Hampshire Street 2 Epicurean Feast @ Covidien -Tyco 9 Hampshire Street Epicurean Feast @ Tyco /Kendall 100 Hampshire Street Family Food Mart First Baptist Church F & W Inc., dba Dub's Discount Liquors Gerry's Catering Honey Dew Donut Honey Dew Donut @ Shaw's Supermarket Jimmy's Pub and Restaurant Kanku, Inc. dba The Store Longhorn Steakhouse #5296 Love at First Bite Creative Catering @ St. Mary's Church Mansfield Donuts Inc. dba Dunkin Donuts Mansfield Hospitality, LLC dba Holiday Inn Mansfield House of Pizza, Inc. Mansfield School Lunch @ Mansfield High School Mansfield School Lunch @ Robinson School Mansfield School Lunch @ Jordan Jackson Mansfield School Lunch @ Qualters Middle School Mansfield Service, Inc. Mansfield Youth Baseball New England Sportservice, Inc. @ The Comcast Center (2 Permits) Orthodox Congregational Church 4uan's Kitchen Regent Cafe, Inc. Subway Trattoria La Cucini Della Nonna Wendy's Old Fashioned Hamburgers of New York, Inc. Willowdale Golf Course Operating Company Approval of a Retail Food Establishment Permit General Nutrition Center #8844 Kanku, Inc. dba The Store L.L. Bean, Inc. Mansfield Service, Inc. Mansfield Train Station Nanay's Health Store and Services Pauline F. Bellavance Approval of Permit for the Sale of Tobacco Products Bristol Liquors Carman Fueles Canoe River Campground Cork's Fine Wine & Liquors Family Food Mart F & W Inc., dba Dub's Discount Liquors Kanku, Inc. dba The Store Mansfield Service, Inc. Regent Cafe, Inc. Approval of a Deposal Works Installer's Permit All -Clear Septic & Waste Water Services Approval of a Mobile Food Permit Gerry's Catering New England Sportservice, Inc. @ The Comcast Center (5 Permits) Approval of an Application for Offering Tattoo or Body Piercing Services Joseph M. Peters - Tattooing Approval of Residential Kitchen Pauline F. Bellavance Motion to Approve the Consent Agenda Healey /Wall Passed 4 -0 -0 Hearing: Tobacco sales to minors. Marilyn Edge and Sarah Lerous of Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative were present. Ms. Memory opened the hearing for Mansfield Gas Service, Inc., 54 Chauncy Street, at 7:10 pm. Jaber Samrout was present. Ms. Lerous told the board on May 18, 2013 at 3:29 pm a tobacco compliance check was done with a 17 year old. Clerk did not asked for an ID or age and a sale was made. Mr. Samrout said he was responsible for the sale but normally would have asked for identification or age but at the time of the sale the station was very busy and he was the only one working. Mr. Healey asked how many employees actually sell tobacco products at the station, is any formal training provided for the employees and what are the plans to make sure this not happen again. Mr. Samrout said there are three employees and all are trained. He said if they look under 25 -30 years of age without an ID, they will not be allowed to purchase tobacco products. Mr. Healey reminded Mr. Samrout the state recommends anyone who looks younger than 27, should be asked for an ID. He said there should be a formal process in place, training and reminders on a monthly, quarterly or yearly basis, for employees selling tobacco products to prevent this from happening again. He said Mr. Samrout should work with the regulatory people to develop a training program. Mr. McClean asked Mr. Samrout how long he has had the tobacco permit. Mr. Samrout has had a permit to sell tobacco products for 1 -2 years. Hearing closed at 7:15 pm. Ms. Memory opened the hearing for Tedeschi Food Shop /Fair Winds and Following Seas of 242 Chauncy Street at 7:18 pm. Store owner Mr. Robert Langton was present. Ms. Lerous explained on May 18, 2013 at 3:36 pm a tobacco compliance check was done by a 17 year old. The clerk did ask for an ID, but when the buyer said he did not have one, the transaction was still made. Mr. Langton said he verified the transaction, date, time and product sold. Mr. Langton said there are methods in place at the register when any age- restricted products, including alcohol and tobacco, are scanned into the register; there is a prompt to stop the transaction until a date is entered and when someone is obviously of age, the clerk can enter a series of numbers and continue the transaction. Mr. Langton said any customer who appears to be 30 or under is carded, the age entered and then the transaction goes forward. 4 Mr. Langton said this is strictly against the training he has in place for his employees. He said he talks constantly with is employees about the importance of asking for an ID when selling tobacco products. New employees are trained and are also required to take the "We Card" training program. He said the clerk has worked for him for 1%= years and she has no explanation for why this happened. He said he has had three counseling sessions with this employee and she has been given a three day suspension. Mr. Langton said she will be retrained. Mr. Healey asked how often the training is conducted. Mr. Langton said the formal training is done yearly but he frequently talks with his employees and has signage to remind them about the importance of asking for ID. Ms. Memory asked what will change to prevent this from happening again. Mr. Langton said he has reached out to other employers in this type of business for recommendations. He said from an operational or technological standpoint, he is not sure what more he can do. Mr. Healey suggested Mr. Langton use Ms. Edge as a resource and said he should review the register policy, have documented discussions and more formal reviews with employees. Mr. Langton met with Ms. Edge and Ms. Lerous today and said he will intensify the training. Hearing was closed at 7:45 pm. Ms. Memory opened the hearing for Four Corners Citgo at 4 South Main Street at 7:45 pm. Dinish Patel was present. Ms. Lerous said on May 18, 2013 at 3:04 pm a tobacco compliance check was done by a 17 year old. The clerk did not ask for an ID or age and a sale was made. Mr. Patel said he has owned the store for nine years and has never had a violation. He said the store policy is to check ID if under 21 years of age. Mr. Patel said he does not know the name of the employee who made the sale. Ms. Lerous provide the employee's name. Mr. Healey said there does not appear to be any formal employee training and recommended that Mr. Patel meet with Ms. Edge for assistance in training his employees. He reminded Mr. Patel if a customer appears to be under the age of 27, his employees need to ask for an ID. He said Mr. Patel might want to update the register to remind the employees when scanning tobacco products to ask for ID. Mr. Patel said the register has the ability to do this but he does not use it. Mr. Healey told Mr. Patel to put together a plan outlining steps to prevent this from happening again. Mr. McClean said there is a need for more training and improved systems to prevent any further violations. Hearing closed at 7:50 pm. Ms. Edge said this was the first violation for Mansfield Gas Service, Inc. and Four Corners Citgo and both establishments received a warning letter by certified mail. Mr. McClean said it would be a good idea to have Mr. Samrout and Mr. Patel provide a plan of action because it appears they do not have an employee training program in place to prevent selling tobacco products to minors. He said Mr. Langton seems to have a plan in place. Both Ms. Edge and Mr. Healey said they do not like that Mr. Patel is overriding the register. Mr. Healey asked that both Mr. Samrout and Patel be required to provide a plan within 30 days. Ms. Edge said there are stores that do no have the override feature for the registers and they have to ask for ID and enter the date of birth regardless of the age of the buyer. She said most corporations do have the override feature but still require their employees to ask for a date of birth. Mr. Healey said the technology is there and stressed that store owners use it. Both Mr. Leite and Ms. Edge met with Mr. Langton and agree there is not much more he can do. Mr. Healey said he runs a good business. Ms. Memory said she believes Mr. Langton should train his employees more than once a year, perhaps once a month. She reminded the board about the procedures and extensive training Sunoco has in place, including the requirement that every payday employees sign an age- restricted document, stating they understand all policies regarding the purchase of tobacco products. She feels Mr. Langton has exhausted his options. Mr. Healey said each establishment has received a warning letter and now they need to work with Ms. Edge to develop a structured training program to prevent the sale of tobacco products to minors. The training program would be presented to the board and Ms. Edge for review and approval. Mr. Healey made a motion that Ms. Edge send an official warning letter to the owner of Four Corners Citgo and the owner work with the town's Tobacco Compliance people over the next 30 days to develop a written action plan on the policies and procedures that the business will enact to prevent the sale of tobacco products to minors. Mr. McClean seconded the motion. Motion passed 4 -0 -0. Ms. Edge said after Mr. Patel received the warning letter, he called the Board of Health and was told to call her but she never received a call from him. Mr. Patel asked for signs but he already has all the required signs. Mr. Healey made a motion that Ms. Edge send an official warning letter to the owner of Mansfield Gas Service, Inc. and the owner work with the town's Tobacco Compliance people over the next 30 days to develop a written action plan on the policies and procedures that the business will enact to prevent the sale of tobacco products to minors. Mr. McClean seconded the motion. Motion passed 4 -0 -0. Ms. Edge said this is a third offense for Mr. Langton and he has already paid the $300.00 fine. Scott said holders of a permit for the location and sale of tobacco and nicotine products may be subject to suspension of permit after the first offense. Suspension of the permit shall be not less than 3 days for the first suspension, not less than 7 days for the second suspension and not less than 14 days for the third and subsequent suspensions. In the event of suspension or revocation of such permit, holders shall also be subject to fines. A written warning can be given for the first offense, a $100.00 fine for a second offense and a maximum fine of $300.00 for each subsequent offense. Mr. McClean said after listening to Mr. Langton about the explanation and the systems he has in place, it is clear Mr. Langton takes this seriously. Mr. Healey would like to suspend the discussion on what action would be taken until Mr. Langton has submitted an action plan outlining what improvements can be put in place to prevent this from happening again and the dates and number of offenses that have occurred in the past have been verified. Mr. McClean made a motion that Mr. Langton of Tedeschi Food Shop /Fair Winds and Following Seas prepare a written action plan that the business will enact to prevent the sale of tobacco products to minors and how he will be evaluating the procedures and policies he currently has in place and any action or judgement be withheld until the dates of previous violations have been verified and the action plan has been reviewed by the board. Ms. Wall seconded the motion. Motion passed 4 -0 -0. 3. Correspondence: 4. Health Agent's Report: A. Swimming Pools: Mr. Leite told the board all semi - public pools have been inspected. B. Soil Evaluator renewal: Soil Evaluators must be recertified every 3 years. Successfully completed. C. Bristol County Mosquito Control: A new web site has been set up to allow residents to e-mail requests for spraying. http:// www. bristolcountymosquitocontrol .com/ D. Youth access to tobacco discussion with Drs. Hartman and Winickoff: Mr. Leite had a lengthy conversation with Drs. Hartman and Winickoff. They wanted to attend tonight's meeting but Mr. Leite suggested they wait until more data has been submitted for the board members to review. Dr. Winickoff has a lot of data and Dr. Hartman will try to get the information from the Needham study. Mr. Leite asked the board members what type of data they would like to see. Mr. McClean wanted to know what the rationale behind the change is based on; is it supported by research or studies and what indication is there that the change would have an impact? Ms. Memory said in previous discussions the board did not plan to have Drs. Hartman and Winickoff return, but that the board would consider the change once more data had been received and reviewed. Mr. McClean said Drs. Hartman and Winickoff should send any new material for the board to review and then come back for a discussion. Mr. Leite said Dr. Hartman indicated he would be able to get a large number of signatures very quickly for a petition for the BOH to make the change. Mr. Leite will send a request to Drs. Hartman and Winickoff for updated data indicating that the change would have a successful impact and that the data be relevant, current and well researched. Mr. McClean said it is a valid question to ask if there is any reason to believe that the proposed change would have a positive impact? S. New Business: Variance request for 99 Oak Street. The existing two -story cape was built 60+ years ago. Owner Frederick Brown would like to demolish the existing house and construct a new single -story for a retirement house with a new septic system. The system has been designed for a 60 minute percolation rate. Mr. Leite said current town regulations for new construction allow a percolation rate of 20 minutes per inch or more and state regulations allow up to a 60 minute percolation rate for new construction. He said if Mr. Brown decided to live in the existing house and install a new septic system because the old system had failed, he would be allowed to do so using the 20 minutes per inch rate. If he wants to build a new house with a new system, because the percolation rate is greater than 20 minutes per inch, it would become an unbuildable lot. Mr. McClean said there are many towns in Massachusetts that have a 60 minute per inch percolation rate Mr. Leite said he would like to do a workshop before the board makes a decision on the percolation rate. Mr. McClean made a motion to grant the Variance for 99 Oak Street because the plan is in compliance with state regulations. Ms. Wall seconded the motion. Motion passed 4 -0 -0. Housing Inspection: Mr. Leite did a housing inspection for mold and did not agree with the tenant about the mold issue; there was no mold present or dampness. He said a pipe had broken over the Memorial Day weekend but was repaired within 24 hours and the landlord immediately had the air quality tested by an Industrial Hygienist. The tenant had her own test done by a pesticide company that does mold remediation. Both companies said there was no mold problem and remediation was not necessary. Mr. Leite said he was harassed by the tenant during the inspection because he disagreed with her; she questioned his competence, threatened his job and said she would file a lawsuit. She has called the state — Environmental Health and Attorney General and has spoken with the Town Manager. Mr. Leite said he will only deal with the tenant in writing; he will not meet with her personally or speak with her on the phone and if another inspection is required, he will have someone go with him. 6. Old Business: 7. Adjournment: 7 Motion to adjourn at 9:03 pm. Mr. Healey /Ms Wall 4 -0 -0 There will be no July or ugust meet in n ss needed. 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.