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HomeMy WebLinkAboutBOH 09/06/2018Mansfield Board of Health RECEIVED Minutes TO'NiN1 CLERKS OFFICE September 6, 2018 MOM -5 All: 11 Present: Michael McClean, Chair; Nancy Wall, Clerk; Kasia Frenette; Michael Healey; Amy Donovan- Palmer, Board of Health Agent. f AS . ��"I ..1SEi7S 1. Meeting called to order at 7:00 pm. 2. Consent Agenda Approval of June 7, 2018 and June 27, 2018 minutes Approval of Permit to Operate a Food Service Establishment Hangar #12 Restaurant, LLC Mansfield Best Pizza Mansfield Youth Baseball Mansfield Youth Football and Cheer Ruby's Ice Cream & Frozen Lemonade — Mobile Ice Cream Truck Town of Mansfield Park Recreation Department Farmers Market Gourmet Bae Catering Valicenti Pasta Farm Approval of License to Sell Milk & Cream Hangar #12 Restaurant, LLC Approval of Permit to Operate a Retail Snack Food Establishment Creative Community Studio Mansfield True Value MMAS Black Box Red Roof Inns #0274 Approval of Xfinity Food Permits A.1. Bruno Concessions LLC @ The Xfinity Center -10 permits Big Fish Promotions dba Dunkin Donuts @ The Xfinity Center Cupcake City —The Xfinity Center Fancheezical @ The Xfinity Center Firefly's @ The Xfinity Center iHeart Media, Summer Jam, KISS 108 Concert @ The Xfinity Center iHeart Media & Entertainment Inc. @ The Xfinity Center — KISS 108's KISS Concert iHeart Radio @ The Xfinity Center—Summer Jam Live Nation Worldwide, Inc. dba The Xfinity Center Sampling Permit Mark Fanelli's Traveling Amusements @ The Xfinity Center (3 permits) New England Sportservice, Inc. @ The Xfinity Center -13 permits Olson Restaurant Group Foxboro — Mansfield Boosters Fundraiser @ The Xfinity Center Park Restaurant Management Group, LLC dba Alden Park @ The Xfinity Center RM Sukaskas Inc. dba Del's Lemonade @ The Xfinity Center Strawberry Fields @ The Xfinity Center (6 permits) Approval of Temporary Food Permit Fenway Sausage Works— District Art Show Friskie Fries — District Art Show Garden Club of Mansfield — Plant Sale Mansfield High School Booster 5K Road Race Palagis Ice Cream Co. @ Memorial Park Palagis Ice Cream Co. @ Summer Concert — South Common Saint Mary Parish Septemberfest Sarcastic Sweets — District Art Show Signature Marketing Group @ Smithfield Deli Mobile Tour The 101h Annual Jamie Fund 5K Family Fun Night Boy Scouts Troop 51 Chabad Jewish Center Congregational Church of Mansfield Department of Children & Families Especially Hair II Excel Martial Arts/Learning Center for Marital Arts, Inc. Field of Honor H of Cakes & Get Well Shells Jack Conway Realtor Keep Mansfield Beautiful Mansfield Band Parents Association Mansfield Democratic Town Committee Mansfield Local Cultural Council Mansfield Police Association Mansfield Public Schools Mansfield Votes Our Daily Bread Phillips —Welch VFW Post 3264 Pro's Car Care Complex, Inc. Soldiers of the Cross Approval of Disposal Works Installer's Permit C.J. Tibbetts Excavating, LLC B.I.G. Excavation Corp. Grant Brothers P. Beatty Excavation, Inc. Prosser General Contracting Wind River Environmental Practitioner's Permit for Offering Tattoo or Body Piercing Lawrence Colaluca Approval of Permit to Operate a Swimming Pool Beacon Communities, LLC Station Pointe Apartments 1 B -X Mansfield, LLC dba The Village at Willow Crossings BW RRI LLC (Red Roof Inn) Canoe River Campground — 2 permits Cedar Heights Mansfield Children's Center Mansfield Meadows (Beacon Properties) Milhaus @ Manscondo Trust Monogram Residential West Village Reit-2 permits Porrvu Construction, Co., Inc. — Agent for Twin Oaks Associates, LLC Vision Hampshire LLC Holiday Inn (2 permits) Approval of a Septage Pumping and Transporting Permit Pump Grump Approval of License to Operate a Recreation Camp Challenger Sports Hornet Soccer Camp Hockomock Area YMCA RBI Baseball Camp RBI Academy—Summer Softball Camp Town of Mansfield — Recreation Department Summer Camp Mr. Healey made the motion to approve the Consent Agenda. Ms. Wall seconded the motion. Motion passed 4-0-0. 3. 7:05 pm: Public hearing regarding the revised fee schedule. The public hearing for the revised fee schedule was opened at 7:05 pm and the hearing notice was read by Ms. Wall. Mr. McClean said the changes to the fee schedule are very modest and completely in line with other towns. The board reviewed the fee schedule and the following changes have been made: the septic perc test has been separated from system upgrades, with a fee of $150.00; for Title 5 report reviews the fee will be $25.00 and the reports must be submitted within 30 days of the inspection; the fee for HACCP review and approval will be $100.00. For grease traps, Mr. Healey suggested when a hauler first applies for a permit, the size and location of the traps should be included with the application. Ms. Donovan -Palmer said any establishment that generates fat, oil and grease, but does not have a containment unit, would be given a variance with a fee of $50.00; the fee for plan review for a new restaurant would be $100.00; for a Body Art Apprentice permit, the fee would be $75.00; for swimming pool re -inspections, the fee would be $100.00. Ms. Donovan -Palmer said the state requires Boards of Health to license hotels and motels but limits the licensing fee to $50.00; she noted other towns charge an inspection fee, which would cover the time spent by the agent for the inspection. She said the annual fee for a hotel/motel with up to 50 units would be $200.00, with a $350.00 fee for 50+ units. Mr. Healey asked about critical violation fees to compensate for Ms. Donovan-Palmer's time when numerous revisits are required because they are not in compliance. Mr. McClean said it you go once and find a violation, when you go back but find the issues have not been fixed, a re -inspection fee should be charged. Ms. Frenette said there should be an automatic fine for a critical violation. The board agreed the re -inspection fee should be $100.00. There were no public comments. Mr. Healey made the motion to close the public hearing at 7:25 pm. Ms. Frenette seconded the motion. Motion passed 4-0-0. Mr. Healey made the motion to approve the proposed Board of Health fees for permits that will be issued starting January 1, 2019. Ms. Frenette seconded the motion. Motion passed 4-0-0. 4. Correspondence: HealthCare Options, Inc. May and June 2018 nursing reports. 5. Agent's Notes: • Fats, Oil, Grease (FOG) Regulations: Ms. Donovan -Palmer said she spoke with the town engineer and he has no issues with the regulations as written. Mr. Healey said the issues are the timing of the cleaning of the interceptors, the size of the units and the amount of grease the business establishment generates; [Section 5: An outdoor/underground grease interceptor shall be pumped, inspected and serviced by a permitted offal/septage hauler at least every three (3) months]. Mr. Healey noted that automatic above -ground interceptors need to be cleaned daily by staff but said a professional service provider should be brought in to check the motor, etc., and to train employees in the proper way to do the daily cleaning. He said whoever provides the service to the establishment should be sending documentation of service and the condition of the underground unit to the board of health; [Section 4: An indoor passive automatic grease trap or indoor passive grease trap shall be inspected, serviced and cleaned at least monthly by a professional drain cleaner. The Mansfield Health Department or the Mansfield Water/Sewer Department may amend the frequency for outdoor/underground grease interceptor cleanings and maintenance]. Mr. McClean suggested renaming Article 11: Fee Schedule to Exemptions, but include the two examples listed and but omit the actual fees; he said it would be better to keep the fee schedule for permitting and inspections separate. Article 7: Violations. Ms. Donovan -Palmer said these fees would have to be in a non -criminal disposition by-law, with the board deciding what to ticket or fine people for; she said a recommendation would be done in December 2018, and then given to the Town Clerk in February for the May 2019 Town Meeting. Ms. Donovan -Palmer said the limit for fines might be $300.00; she will contact Cheryl Sbarro, Staff Attorney for Massachusetts Association of Health Boards, about the fine limits. Mr. Healey said in the tobacco regulations the permit to sell tobacco products is pulled for violations, but at this point, with the FOG regulations, the board is saying we are not going to allow the establishment to operate if the grease trap has failed. Mr. McClean suggested, instead of a fourth offense, the board could say the establishment could or may lose their permit. Ms. Donovan -Palmer asked about Article 5: Corrective Action, Section 3: All food service establishments shall install an indoor automatic grease trap or an outdoor/underground grease interceptor within one (1) year of the adoption of this regulation. Mr. Healey said it should read "indoor passive or automatic grease trap or an underground below grade grease interceptor". Mr. Healey said the public hearing for the FOG regulations should be posted for the October meeting. Ms. Donovan -Palmer will make the changes and send a draft to the board as well as all restaurants; she will put the information on the town's website. • Motel/Hotel Licensing: Ms. Donovan -Palmer will begin licensing all motels and hotels in Mansfield; applications will be sent out this fall and licensing will be valid from January 1, 2019 -December 31, 2019. She said there are only two hotels in Mansfield, with one proposed. She said this can be revisited in 6-9 months if the board would like to write regulations for hotels/motels. • Tobacco Control: Ms. Donovan -Palmer said Dr. Lester Hartman is working to reduce access of tobacco products to minors, especially flavored vaping products. He is a strong advocate for taking the flavored products out of the convenience stores and bringing these products into the 21+ shops only; by reducing the frequency of kids seeing these products, the likelihood of the kids using the products will be reduced. Dr. Hartman will be attending the October meeting to discuss the issue. Ms. Donovan -Palmer said Dr. Hartman's group is trying to increase the cost of single cigars; the theory is that if you raise the cost of single cigars to $2.50 from $.99, no one will purchase them. She said these are the things Dr. Hartman will be discussing to see if the Board of Health would be interested in modifying the tobacco regulations to include flavored vaping products. Mr. Healey asked that Ms. Donovan -Palmer send the board a list of topics Dr. Hartman will be discussing. Ms. Donovan -Palmer said when Governor Baker passed the 21+ Law, there was a grandfather clause in it that if you do not already have 21+ in your town, anyone age 18-20 can smoke. She said in Plymouth, they passed a regulation, which on December 31, 2018 will take effect, basically prohibiting the grandfather clause. • Housing Inspections: Ms. Donovan -Palmer said she is still working on the issues with the new owner at a housing complex. Ms. Donovan -Palmer said a disagreement about what needs to be done at an owner/occupant residence has now been fixed. • Xfinity Inspections: Ms. Donovan -Palmer and Mr. Healey inspected the facility at the end of July. Ms. Donovan -Palmer said there are still the same issues and Mr. Healey said there needs to be much clearer expectations and attention to the food codes; he suggested an independent person be hired to follow up with every food station so the food codes are being followed and proper procedures are enforced. He said Xfinity was not prepared to do business for the event in July and there were no hand washing stations set up anywhere. Mr. Healey suggested going forward, when issuing permits, the board has approved the qualifications that a person needs to have to enforce the food codes and procedures; he said Xfinity does not feel they have any responsibility to follow up with independent vendors permitted by the Board of Health to sell food products. Ms. Donovan -Palmer asked if the board requires an independent contractor be hired, do we give Xfinity the ability to hire a food safety manager that would provide the Board of Health reports after each event. She noted Foxboro requires the stadium to have a food safety manager, paid for by the stadium. Ms. Frenette asked if before the season opens, Xfinity has mandatory training for their employees. Ms. Donovan -Palmer said yes but Xfinity is moving towards voluntary groups to staff each station. She said one of the issues is they do not always have the necessary supplies. Mr. Healey said there were no hand sanitizers and there were temperature and freezer issues at the July event. Mr. Healey noted a letter was sent to the Selectmen but there was no response and suggested sending a letter to the Town Manager. Ms. Donovan -Palmer said when Xfinity gets there entertainment license, before they go before the Selectmen, all town departments get an email asking for any comments; she said she could say the Board of Health is working with Xfinitv to make sure food safety standards are met Xfinity is not licensed yet. Ms. Donovan -Palmer will send a letter to Stephen Kelly, General Manager at Xfinity, asking him to attend the November meeting. • Plastic Bags Reduction Implementation: Ms. Donovan -Palmer sent out letters at the beginning of August to all food vendors, the information is on the town's website and there was an article in the Mansfield News. She said the implementation will go into effect November 1, 2018 for large shops and chains, and May 15, 2019 for smaller shops. • Flu Clinics: Flu shots were given out at the middle school open house. There will be clinics held for town employees at Town Hall, one at the DPW building and four more clinics will be held at the schools. Two public clinics will be held at the COA/Library on October 1, 2018, one in the morning and another in the afternoon. • West Nile Virus Update: Ms. Donovan -Palmer said the state is at a moderate level and any information concerning West Nile Virus has been put on the town's Facebook page to remind people to avoid getting bitten. Ms. Donovan -Palmer noted another positive mosquito was found. • BOH Mission Statement: Mr. Healey asked each board member to send their ideas, goals and objectives for the mission statement to Ms. Donovan -Palmer, which will be discussed at the October meeting. Mr. McClean suggested a list be compiled of all different permits, inspections, and re -inspections and Mr. Healey said the board's goals and objectives should also be added to the list. He suggested inviting Town Manager Kevin Dumas to a meeting to open the discussion. Mr. Healey noted from 2014 to 2019 the Board of Health budget is down approximately 15%. Mr. Healey and Ms. Frenette attended a public health conference. Mr. Healey said currently this board is an enforcement board and is at stage one of three stages. He said some of the issues to be addressed are drugs/opioid use, vaping during school hours in the middle school, housing, suicide, and obesity. Ms. Donovan -Palmer will send a link to this information. 6. Adjournment: Ms. Wall made the motion to adjourn at 8:45 pm and Mr. Healey seconded the motion. Motion passed 4-0. Next meeting will be October 4, 2018 at 7:00 pm in meeting room 2 A/B. b' _Naac-y- Ye44-, rk 1✓4 1'42 `-&7 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.