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Home My WebLink AboutHEALTH 06042015TOWN OF MANSFIELD BOARD OF HEALTH MINUTES JUNE 4, 2015 Present: Catherine Memory, Chairperson; Michael McClean, Clerk; Nancy Wall; Michael Healey; Joseph De Girolamo; Michael Healey; Scott Leite, Board of Health Agent. 1. Call to Order 2. Consent Agenda April 2, 2015 Minutes Approval of Permit to Operate a Food Service Establishment ACE Sushi @ Stop & Shop #007 Asia Grill & Sushi Restaurant Bertucci's Italian Restaurant Buffalo Wild Wings Caf6 on the Common, Inc. Canoe River Campground Catman Caf6 Classic Pizza Cold Stone Creamery Cousin's Pizza & Subs, Inc. Covidien —15 Hampshire Street Cupcake Town D'Angelo's Sandwich Shop Decs Donuts, Inc. (321 School Street) Decs Donuts, Inc. (905 South Main Street) Decs Donuts, Inc. dba Dunkin Donuts (4 South Main Street) Dunkin Donuts @ Stop & Shop Epicurean Feast @ Covidien -Tyco — 9 Hampshire Street Epicurean Feast @ Tyco /Kendall — 5 Hampshire Street Epicurean Feast @ Tyco /Kendall — 100 Hampshire Street Family Food Mart Divya Akhand Jyoit Corp. First Baptist Church Geno's Restaurant and Lounge Honey Dew Donut K D Enterprises Inc. dba Stefano's Pizza & Subs Kelloway and Colwell, LLC Longhorn Steakhouse #5296 LR Kyoto, Inc. dba Kyota Japanese Steak House Main Street Juice Mansfield Adult Day Health Center Mansfield Council on Aging Mansfield Donuts Inc. dba Dunkin Donuts (45 Chauncy Street) Mansfield House of Pizza, Inc. Mansfield School Lunch @ Jordan Jackson Mansfield School Lunch @ Mansfield High School Mansfield School Lunch @ Robinson School Mansfield School Lunch @ Qualters Middle School Mark Fanelli Traveling (3 Permits) Menchies Frozen Yogurt Olson Restaurant Group Mansfield, LLC dba Capriotti's Orange Leaf Frozen Yogurt Orthodox Congregational Church Our Daily Bread — Mansfield's Community Food Pantry Qdoba Mexican Grill #2365 Quan's Kitchen Regent Cafe, Inc. Sake Steakhouse, Inc. dba Sake Steakhouse Stop & Shop Supermarket Company #007 Tahana Restaurant The Fresh Catch, Inc. Trattoria La Cucini Della Nonna Village at Willow Crossings Approval of Permit to Sell Milk and Cream Asia Grill & Sushi Restaurant Bertucci's Italian Restaurant Buffalo Wild Wings Caf(§ on the Common, Inc. Canoe River Campground Catman Caf6 Classic Pizza Cold Stone Creamery Community Care Pharmacy Cousin's Pizza & Subs, Inc. Covidien 15 Hampshire Street Cumberland Farms, Inc. Cupcake Town D'Angelo's Sandwich Shop Decs Donuts, Inc. (321 School Street) Decs Donuts, Inc. (905 South Main Street) Decs Donuts, Inc. dba Dunkin Donuts (4 South Main Street) Dub's Liquors Dunkin Donuts @ Stop & Shop Epicurean Feast @ Covidien -Tyco — 9 Hampshire Street Epicurean Feast @ Tyco /Kendall — 5 Hampshire Street Epicurean Feast @ Tyco /Kendall — 100 Hampshire Street Four Corners Citgo Geno's Restaurant and Lounge Gerry's Catering Family Food Mart Divya Akhand Jyoit Corp. First Baptist Church Honey Dew Donut Kanku, Inc. K D Enterprises Inc. dba Stefano's Pizza & Subs Kelloway and Colwell LLC Longhorn Steakhouse #5296 Main Street Juice LR Kyoto, Inc. dba Kyota Japanese Steak House Mansfield Adult Day Health Center Mansfield Council on Aging Mansfield Donuts Inc. dba Dunkin Donuts Mansfield House of Pizza,lnc. Mansfield -MA Xtra Mart Mansfield School Lunch @ Jordan Jackson Mansfield School Lunch @ Mansfield High School Mansfield School Lunch @ Robinson School Mansfield School Lunch @ Qualters Middle School Orange Leaf Frozen Yogurt Qdoba Mexican Grill #2365 Quan's Kitchen Orthodox Congregational Church Regent Caf6, Inc. Rite Aid #10141 Sake Steakhouse, Inc. dba Sake Steakhouse Stop & Shop Supermarket Company #007 Sunoco, Inc. #6035 Tahana Restaurant Tedeschi Food Shop /Fair Winds & Following Seas The Fresh Catch,lnc. Town News Trattoria La Cucini Della Nonna Village at Willow Crossings Approval of Permit to Operate a Snack Establishment Big Fish Promotions dba Dunkin Donuts @ The Xfinity Center Bristol Liquor Cannan Fuel Dub's Liquors Mansfield Gas & Service, Inc. Route 106 Wines & Spirits Stop & Shop Supermarket Company, Gas Station #007 Town News Weight Watchers North America, Inc. Approval of Permit to Operate a Catering Establishment Olson Restaurant Group Mansfield, LLC dba Capriotti's The Fresh Catch,inc. Approval of License to Manufacture Frozen Desserts and /or Ice Cream Mix Cold Stone Creamery Mansfield -MA Xtra Mart Menchies Frozen Yogurt Orange Leaf Frozen Yogurt Approval of Permit to Operate a Mobile Food Establishment Gerry's Catering Mansfield Council on Aging Approval of Permit to Operate a Retail Food Establishment Benny's of Mass, Inc. Community Care Pharmacy Cumberland Farms, Inc. Domino's Pizza Four Corners Citgo Kanku, Inc. L.L. Bean Mansfield -MA Xtra Mart Rite Aid #10141 Sunoco, Inc. #6035 Tedeschi Food Shop /Fair Winds & Following Seas Wines & More - Mansfield Approval of Permit to Operate a Residential Kitchen Linda's Cookies /LBFC,Inc. Tanya's Cakes & More Approval of Temporary Food Permit Cupcake City @ The Xfinity Center Firefly's @ The Xfinity Center Live Nation Worldwide, Inc. dba The finity Center Mansfield Track/Boosters Mark Fanelli Traveling — The Xfinity Center (3 permits) Polar Beverages — The Xfinity Center Approval of Permit for the Sale of Tobacco Products Bristol Liquors Cannan Fuel Canoe River Campground Community Care Pharmacy Cumberland Farms, Inc. Dub's Liquors Family Food Mart Divya Akhand Jyoit Corp. Four Corners Citgo Kanku, Inc. Mansfield Gas & Service, Inc. Mansfield -MA Xtra Mart Rite Aid #10141 Route 106 Wines & Spirits Stop & Shop Supermarket Company #007 Stop & Shop Supermarket Company, Gas Station #007 Sunoco, Inc. #6035 Tedeschi Food Shop /Fair Winds & Following Seas Town News Wicked Vaped Wines & More - Mansfield Approval of a Disposal Works Installer's Permit All Clear Septic & Wastewater Service, Inc. (Septic Preservation Services) Caponigro Construction De Jonco Construction Joro Trust William Rodenhiser Approval of Permit for Funeral Home Amici Funeral Home, Inc Sherman & Jackson Funeral Home,lnc. Motion to approve the Consent Agenda: Healey/Wall. Motion passed 5 -0 -0 3. Correspondence: Coalition for Responsible Retailing: Mr. McClean summarized the model regulations from the Coalition for Responsible Retailing. Nursing Reports for February, March, April 2015 HealthCare Options, Inc. — July 1, 2015 to June 30, 2016 contract. HealthCare Options contract to provide Board of Health services to the Town of Mansfield for July 1 2015 to June 30, 2016 in the amount of $25,652. Motion to approve the HealthCare Options contract: DeGirolamo /Healey. Motion passed 5 -0 -0 4. 7:10 pm Hearing — Proposed Regulation Affecting Smoking and the Sale, Vending and Distribution of Tobacco and Nicotine Delivery Products: Mr. Leite reviewed the changes (amendment) to the town's smoking regulations, which if approved, would have stricter enforcement and could increase the legal age for purchasing tobacco /nicotine delivery products from 18 to 21. Ms. Memory opened the floor for comments to anyone wishing to speak in favor of the regulation. Dr. Lester Hartman of Needham, MA, and Senior Pediatrician at Westwood- Mansfield Pediatrics, 454 Chauncy Street, said he supports Tobacco 21. He showed samples of e- cigarettes, vaporizers and other nicotine delivery devices that are increasingly being purchased and used by teenagers. Dr. Hartman said these products contain cadmium, nickel and anti- freeze, all considered to be cancer - causing agents. He said nicotine is one of the most addictive substances known to man, more so than cocaine and heroin. He said a report presented by the Institute of Medicine (IOM) now supports Tobacco 21. Dr. Hartman said there is no evidence that increasing the age to 21 would hurt businesses; in Needham, the first place in the world to adopt Tobacco 21, not a single retail establishment went out of business. Dr. Hartman said 460,000 people die from smoking related illnesses every year, but it is the most preventable cause of death in the United States today. Cheryl Sbarra, Senior Staff Attorney for the Massachusetts Association of Health Boards, which provides legal education and technical assistance to Boards of Health throughout the Commonwealth, spoke in favor of the proposed regulation. She said the IOM report states that "the parts of the brain most responsible for decision making, impulse control, sensation seeking and susceptibility to peer pressure continue to develop and change through young adulthood and the adolescent brains are uniquely susceptible to nicotine and nicotine addiction ". She noted the report concludes that if the age was raised to 21, there would be a 25 percent decrease in smoking among 15 -17 year olds. She said economically, we are dealing with the most preventable cause of death and disease; 68 billion dollars are spent annually on tobacco related illnesses and death in Medicare, Medicaid and veterans costs. Ms. Sbarra discussed sampling and free distribution of nicotine delivery products and said the Board should examine how the sampling is done and the kind of products being used. She said many municipalities have already banned the sale of flavored tobacco products and the Attorney General has proposed a regulation that would prohibit sampling of e- cigarettes in retail establishments; the proposed regulations contains an option of an exemption from the sampling restriction to allow the sale of such products in adult -only retail tobacco stores. If passed, this regulation would supersede any local regulations. Ms. Sbarra said the challenge is that these products are not regulated by the federal or state government. She said some municipalities have already banned the sale of all flavored tobacco products; Andrew Poirier, the owner of Wicked Vaped at 266 North Main Street, said he does not advocate underage smoking but is against the amendment. He said he used to smoke two packs of cigarette a day, but through vaping, was able to stop smoking. He said as a business owner, he has devoted his life to getting people off of tobacco. He said there is all kinds of slander about e- cigarettes but they are ninety -five percent safer than smoking. He said he does not sell any pre - packaged products and the sampling products are all nicotine free. He said no one under the age of 18 is allowed in the store, even when accompanied by an adult, and everyone must show an ID. Mr. Healey asked if Mr. Poirier's only objection to the proposed regulations is the age limit. Mr. Poirier said the biggest issue is the age limit. Mr. DeGirolamo asked if Mr. Poirier tracks the age of his customers. Mr. Poirier said approximately one quarter of his customers are between the ages18 and 21. Marilyn Edge, Bristol County Tobacco Coordinator, said in the two years Mr. Poirier has been in business, she has never had a complaint from a parent and he has never failed a compliance check. She suggested if the proposed regulations include sampling, that it should be specific — free sampling of flavored tobacco products with zero nicotine cartridges and, whether the legal age is 18 or 21, an exemption of free sampling of flavored products, no nicotine, in adults -only establishments. Mr. Healey asked if other communities were adding non - tobacco, non - nicotine delivery devices to their regulations. Ms. Edge said yes and noted that Foxboro raised the age limit to 21 last year and no tobacco retailer establishments have gone out of business. Liz Christo, 3 Sturbridge Drive, a parent of three boys, ages 16, 17, and 18, said she is against Tobacco 21. She said while she does not encourage her sons to smoke, she believes it should be their choice to make the decision to smoke or not. Robert Langton, 50 Jewell Street, and owner of Tedeschi's at 242 Chauncy Street, said he is not concerned with the proposed regulations because he will adapt to whatever regulations they are given to follow, but as a citizen he questions the effectiveness of trying to prevent anyone from starting to smoke. He said although he is for any effort that will stop anyone from starting to smoke, he does not believe increasing the age to 21 would be more than a gesture because if it is fractured statewide, it is not going to be effective. He noted that the state receives approximately a quarter billion dollars annually from the 1998 tobacco settlement but less than one percent of that money goes towards tobacco control efforts. Mr. Langton feels it would be more effective if there were more educational programs in the schools. Representative Jay Barrows, 370 Pratt Street, speaking as a citizen, said he has serious concerns about changing the age limit to 21 because the change should be done uniformly across the state. He agreed with Mr. Langton that less than 1 % of the tobacco settlement money is spent on each community where it needs to be spent. A motion was made to close the hearing (Wall /McClean). Motion passed 5 -0 -0. Ms. Memory said the Board can make a decision to modify or reject these proposed regulations or postpone the hearing for further discussion. Mr. Healey said he would like time to read the material presented by Mr. Poirier and feels the issue of sampling needs to be addressed. Because the Board normally does not meet in July and August, Mr. Healey suggested another meeting be scheduled as soon as possible to resolve the issue of the regulations. The Board decided to meeting on June 18th. 5. Agent's Notes: a. NEFFA: Mr. Leite said everything went very smoothly at the New England Folk Festival in April. He said the organizers and vendors did a great job. b. Fluoride Reduction: Mr. Leite said the CDC recommends the fluoride in water be reduced to .07 parts per million, a reduction from the current rate of 1.0 parts per million. The Water Department is working toward this goal. Correspondence: April 5, 2015 letter from Ms. Alison Herbert, 10 Erick Road, Unit 20: Mr. McClean read the letter from Ms. Herbert regarding a noise compliant within a condo complex at Erick Road. Mr. Leite said this issue is not within the jurisdiction of the Board of Health and he contacted the COA regarding the possibility of an elder in distress. 6. New Business: 7. Old Business: 8. Adjournment: Motion to adjourn at 8:30 pm: DeGirolamo /Healey Passed. Next meeti will b une 18, 2015 at 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. .- - J� ES