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HomeMy WebLinkAboutBOH09032015_201511090934Board of Health Minutes September 3, 2015 Present: Catherine Memory, Chair; Dr. Michael McClean, Clerk; Nancy Wall; Joseph DeGirolamo; Michael Healey; Scott Latta. Board of Health Agent, 1. Call to Order 2. Consent Agenda June 18, 2015 Minutes Approval of Permit to Operate a Food Service Establishment Cibo Matto Corporate Chefs @ Smith and Nephew Courtside Pub Flynn's Irish Pub Gourmet Pizza & Grill Holiday Inn Mansfield Jimmy's Pub and Restaurant Kelloway and Colwell LLC Mansfield Lodge of Elks #2633 Mansfield Pop Warner Football @ Memorial Park Mansfield Youth Baseball New England Sportservice, Inc. @ The Xfinity Center Papa Gino's Park Restaurant Management Group /dba Alden Park @ The Xfinity Center St. Gregory Greek Orthodox Church Shaw's Supermarket, Inc. Subway Tasty Ray's Wendy's Properties, LLC Approval of Permit to Sell Milk and Cream Cibo Matto Corporate Chefs @ Smith & Nephew Courtside Pub CVS Pharmacy #1866 Flynn's Irish Pub Gourmet Pizza & Grill Holiday Inn Mansfield Jimmy's Pub and Restaurant Kelloway and Colwell LLC Mansfield Lodge of Elks #2633 Mansfield Pop Warner Football @ Memorial Park Mansfield Service, Inc. Mansfield Youth Baseball New England Sporlservice, Inc. @ The Xfinity Center Papa Gino's Park Restaurant Management Group /dba Alden Park @ The Xfinity Center Shaw's Supermarket,lnc. Subway Tasty Ray's Wendy's Properties, LLC Approval of License to Manufacture Frozen Desserts and /or Ice Cream Mix Wendy's Properties, LLC Approval of Permit to Operate a Snack Establishment Best Buy Cork's Fine Wine & Liquors Staples The Office Superstore East, Inc. The Home Depot #2609 The Paper Store Town of Mansfield Park Recreation Department Approval of Permit to Operate a Catering Establishment Tasty Ray's LLC Approval of Permit to Operate a Retail Food Establishment CVS Pharmacy #1866 Five Below #408 General Nutrition Center #8844 Mansfield Service, Inc. Omaha Steaks Approval of Permit to Operate a Residential Kitchen Pauline F. Bellavance Approval of Temporary Food Permit A Day for Tony — Memorial Basketball Game Ben & Jerry's - The Xfinity Center Boy Scout Troop 51 /First Baptist Church — Mansfield Family Fun Nite Congregational Church of Mansfield, UCC — Mansfield Family Fun Nite Cookout Express —"fee Cream Social — Friends of Memorial Park" Doll & Daze Project dba National Black Doll Museum — Mansfield Family Fun Nile Friends of Memorial Park Jamie Fund 5K Road Race Kirley Masonry and Stove Emporium — Mansfield Family Fun Nite Learning Center for Martial Arts, Inc. — Mansfield Family Fun Nits Mansfield Band Parents Association, Inc, — Mansfield Family Fun Nite Mansfield Bank's Boot Camp — South Common Mansfield Pop Warner Monster Dash 5K Road Race Mansfield Shelter Friends, Inc. — Celebration of Animals Metro PCS — Mansfield Family Fun Nite Palagis Ice Cream Strawberry Fields, Inc. @ The Xfinity Center (five permits) Tacos Don Nacho Tastefully Simple — Mansfield Family Fun Nite Approval of Permit for the Sale of Tobacco Products Cork's Fine Wine & Liquors Mansfield Service, Inc. Shaw's Supermarket,lnc. Approval of a Disposal Works Installers Permit Hugo Equipment, Inc. P. Beatty Excavation S &L Construction Co. William Moreshead, Jr. Excavating Co. William Moreshead 111 Excavating Approval of License to Conduct a Recreational Camp for Children Challenger Sports Hockomock Area YMCA Hornet Soccer Camp Rising Star Basketball School Town of Mansfield — Summer Camp — Memorial Park Motion to approve the Consent Agenda. (Healey - Wall) Motion passed 5 -0 -0 3. Correspondence: Nursing Reports for May and June 2015. Dr. McClean summarized a letter, dated July 17, 2015, from the Coalition for Responsible Retailing (CRR) regarding the issue of raising the legal age to buy tobacco products, including flavored tobacco products, the impacts on public health and the concerns about restrictions on individual rights to purchase tobacco products. 4. Agent's Notes: A. Thoughts on Tobacco Regulation: Violations: Mr. Leite asked if the Board wanted to treat all violations the same as sales violations; the previous regulations treated the most serious violations differently than the least serious but the new regulations do not differentiate between minor sign issues and a severe violation, the sale of tobacco products to a minor. Ms. Memory said currently all violations have the same consequences and asked if the Board wanted to differentiate between a minor sign violation and a severe violation, the sale of tobacco products to a minor. She said the penalties for violations should be explored further. Mr. Healey said the intent of the regulations is to prevent the sale of tobacco products to a minor. Ms. Wall agreed. He asked how the sign violations are currently handled and said he would not want to penalize a retailer for a sign issue if it is not normally done. Mr. Leite said Ms. Edge takes corrective action for these violations on site. Mr. Healey said he is concerned how Marilyn Edge (Director of the Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative) will interpret the new By -Law regarding minor violations and would like to review the old and new regulations again. Mr. Leite said the minor violations could be handled administratively; a "corrected on site" clause could be added to the regulations along with a $25.00 fine. He said he would talk with Town Counsel. Dr. McClean said he does not see this as a big issue. Mr. DeGirolamo suggested contacting Marilyn Edge and Cheryl Sbarra, Staff Attorney for the Mass Association of Health Boards to gel their prospective on this issue. Ms. Memory asked that Dr. McClean forward the information to Cheryl Sbarra and Marilyn Edge. Variances: Mr. Leile asked if the Board would consider adding a variance procedure to the regulations. He said a variance would put the burden on the applicant to show proof of an alternative way to apply the regulations. After discussion, the Board decided to keep the regulations as is. B. Jimmy Buffet Concert/The Xfinity Center: Mr. Leite said people attending events at The Xfinity Center are bringing their own portable toilets because of the conditions of the porta- toilets provided in the tailgating section. At this event, people were told this was a Board of Health issue that would result in a fine if the toilets were not removed. The Xfinity Center was contacted. Mr. Leite said the current attendance numbers far exceed the required number of bathrooms versus attendees and because the licensing of the establishment is done through the Board of Selectmen, he suggested as part of the licensing process toilet trailers be incorporated into the contract to help solve the problem. C. Amend Septic System Regulation — Pero Rate: Amend Septic System Regulation — Percolation Test Absorption Rate: The Board will amend the Mansfield septic percolation rate from 20 minutes per inch to 60 minutes per inch, in accordance with the state's regulations. D. Flu Clinics: Flu Clinics: Clinics will be privately done as last year. Requests for Proposals were sent out with a deadline of September 4`" for submittal. Mr. Leite said there will be one public clinic, most likely at the school, and one each for town hall and school employees, which will to be held on site. 5. New Business: Motion to sign the Municipal Roadway Vegetation Management Plan. (Healey — DeGirolamo) Motion passed 5 -0 -0. Reduction of Fluoride: Kurt Gaffney, Water Operations Manager, contacted Mr. Leile about reducing the level of fluoride in the drinking water supply from 1.0 to 0.7 parts per million in accordance with the Center of Disease Control's recommendations. The Massachusetts Water Resources Authority has already lowered the amount of fluoride added to the water supply. Motion to change the amount of fluoride added to the drinking water supply from 1.0 to 0.7 parts per million. (DeGirolamo —Wall) Motion passed 5 -0 -0. The Water Department will notify the residents of this change. 6. Old Business: Adjournment: Motion to adjourn at 8:07 pm. aley — DeGirolamo) Motion passed 5 -0 -0 Next Zmemg '1 be Octo r , 2015 at 7:00 pm. l� X- Dr' 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.