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HomeMy WebLinkAboutBOH11052015_201512040932Town of Mansfield Board of Health Minutes November 5, 2015 1. Call to Order 2. Consent Agenda September 3, 2015 Minutes Approval of Permit to Operate a Food Service Establishment BG Food Mansfield LLC dba — b.good Approval of a License to Sell Milk & Cream BG Food Mansfield LLC dba — b.good Approval of Permit to Operate a Snack Establishment Advance Stores Company, Inc. Approval of Permit to Operate a Residential Kitchen Maddyummies Approval of Temporary Food Permit Alberto's — 8`h Annual Taste of Tri -Town Antonia's International Foods — 81h Annual Taste of Tri -Town Berry Frozen Yogurt & Smoothies — 81h Annual Taste of Tri -Town BG Food Mansfield LLC dba - b.good Boy Scout Troop 51 — Mural & Rededication of the North Common CBS Scene Restaurant and Bar — 81h Annual Taste of Tri -Town Edible Arrangements — 81h Annual Taste of Tri -Town Friends of Memorial Park — Mural & Rededication of the North Common Maddyummies — Mural & Rededication of the North Common Mangle Neopolitan Pizzeria — 8`h Annual Taste of Tri -Town Mansfield Rotary Club Annual 5K Run & Walk Nancy Wall — Mural & Rededication of the North Common Nature Springs Water Co. — 8`h Annual Taste of Tri -Town Olson Restaurant Group Foxboro, LLC — 8`h Annual Taste of Tri -Town Temp. Mobile Truck Red Stone Grill — 81h Annual Taste of Tri -Town Southeastern Regional School District — 81h Annual Taste of Tri -Town Approval of a Disposal Works Installer's Permit R. Moreshead Excavating Approval of a Septage Pumping and Transporting Permit Mr. Cesspool, Inc. Motion to approve the Consent Agenda: Wall /Healey Motion passed 3 -0 -0. Visitor: Marilyn Edge, Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative 3. Correspondence: 4. Agent's Notes: A. Discussion: Surcharge for incomplete paperwork. Mr. Leite suggested charging a fee for incomplete paperwork when renewing permits; required paperwork includes the state form for Workers' Compensation Insurance Affidavit with insurance certificate from insurance carrier (if required to have Workers' Compensation), Tax Certification Form as well as the application. The application is mailed to the local establishment two months before the due date. The Board discussed incorporating a late fee. Ms. Memory said there should be consequences for incomplete paperwork and she does not have a problem with charging a late fee. Mr. McClean said he thought the fee was reasonable. B. Housing condemnation: Mr. Leite issued a court order to a homeowner in September. Mr. Leite said by going through the court system the homeowner will be able to get some assistance for both cleaning the house and the hoarding issue. C. Flu Clinic: Clinics were held for municipal and school employees. A public clinic was held at the school November 5, 2015; 100 adult vaccines and 100 -150 children vaccines were given out. Because the adult clinic was not well attended and the availability of the vaccine at other sites, Mr. Leite recommended that adult vaccines not be done next year. All clinics were done by Stop & Shop. D. File Disposal: Mr. Leite will be disposing of old files through the Secretary of State. Mr. McClean suggested that a summary table be created with guidelines to save time for the new agent. E. 2016 Budget: Mr. Leite will be including additional money for Professional Development and Training Seminars for the new agent. He said the new agent will have 23 hours and he will work 18 hours. F. New Food Establishments: Mr. Leite said there are three new food establishments; Great Woods Pizza & Grill, West Mansfield Variety and b.good. 5. New Business: MANSFIELD BOARD OF HEALTH REQUIREMENTS FOR THE SUBSURFACE DISPOSAL OF SANITARY SEWAGE: 7. SITING OF SYSTEMS SECTION 2: PERCOLATION RATE. Ms. Memory opened the hearing at 7:07pm Mr. Leite proposed an amendment to the Requirements for the Subsurface Disposal of Sanitary Sewage to discontinue the percolation rate where the rate can't be greater than 20 minutes per inch to the state's rate of 60 minutes per inch. Hearing closed at 7:10 pm. Mr. Healey made the motion to delete Section 2 in Section 7: Siting of Systems, regarding the percolation rate. Ms. Wall seconded the motion. Motion passed 4 -0 -0. 6. Old Business: Discussion of REGULATION AFFECTING SMOKING AND THE SALE, VENDING AND DISTRIBUTION OF TOBACCO AND NICOTINE DELVERY PRODUCTS: Marilyn Edge, Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative, and Sarah Leroux, Inspector, were present. The Board discussed the Tobacco Regulations that will take effect on January 1, 2016 with Marilyn Edge Ms. Edge said all the required signs under the tobacco permits are provided free by the state or created by Ms. Edge but approved by the state. She said when an inspection takes place, if signage is missing or not displayed, the vendor is given a new sign. She said she has never written a citation for missing signage because it is not standard procedure and the signs are provided free of charge. Ms. Memory said because the Mansfield Regulations do state there is a penalty for a sign violation, the Board needs to decide if they want a sign penalty or if the wording in the Regulations should be changed to differentiate a sign violation from more serious violations. Ms. Edge said she does not feel the Regulations need to be changed but it is clearly a violation under the Mansfield Regulations and asked the Board if they want her to issue citations for missing signs. She said if the Board wants to treat a signage violation differently than a sale to a minor, then the Required Signage Section of the Regulation needs to be amended. Ms. Wall said it should be left to Ms. Edge's discretion for minor infractions. Mr. McClean said he would leave the Regulations as written because it still gives Ms. Edge the enforcement option if necessary. Mr. Healey said Ms. Edge is interpreting the Regulations the way the Board wants them to be. He said the Board is just trying to prevent the sale of tobacco products to minors and a signage violation can be left to Mr. Edge to determine if a citation should be issued. Ms. Edge suggested adding administrative violations to the Regulations. Mr. Leite said the Regulations should be strict when selling tobacco products to minors. He said minor violations should be treated differently, such as a warning. Ms. Memory said she is comfortable with the way the Regulations have been written because Ms. Edge does not treat compliance issues, such as signage, the same as the sale of tobacco products to minors. Ms. Edge clarified that the Board did not want to change the penalties for administrative issues. Ms. Edge noted the Mansfield Regulations do not include the use of e- cigarettes; as written, e- cigarettes can be used in public places. She said if the Board wants to add this to the Regulations, she would recommend an exemption be given to Wicked Vaped because they are an adult -only establishment. Ms. Memory said she would like to have this provision added to the Regulations. Ms. Edge will send the language for the use of e- cigarettes to Mr. Leite. The discussion of e- cigarettes will be added to the December agenda. 7. Adjournment: Mr. Healey made the motion to adjourn at 8:30 pm. Ms. Wall seconded the motion. Passed 4 -0 -0 Next meeting will be December 3, 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.