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HomeMy WebLinkAboutBOH 10/04/2018Mansfield Board of Health 11V RECEIVE T()Ml Cr _ rw Minutes OFFICE October 4, 2018 Zol",10V—b A 5.24 Present: Michael McClean, Chair; Michael Healey, Clerk; Kasia Frenette; Amy Donova p;-P4rnjer� hard of Health Agent. Mi/'`0_,r,%�'`iI Fi..rC 1. Call to Order at 7:00 pm. 2. Resignation of Nancy Wall: Mr. Mclean said Ms. Wall, who has been a great member of the board for 15 years, has certainly earned the right to decide to discontinue her service with the board. The board members signed a thank you letter to Ms. Wall. Mr. McClean made the motion to nominated Mr. Healey for the position of clerk. Ms. Frenette seconded the motion. Motion passed 3-0-0. Mr. Healey said he will accept the position until the end of the year. Mr. McClean will reach out to John Chartier about attending meetings. 3. Consent Agenda A. Approval of September 6, 2018 minutes B. Approval of Temporary Food Permit Creedon and Co., Inc. — Mansfield Touch A Truck Creedon and Co., Inc. — Mansfield Youth Soccer Tournament Mansfield Shelter Friends, Inc. — Celebration of Animals Olson Restaurant Group Foxboro — Mansfield Boosters Fundraiser 1P Annual Tri -Town Chamber Food Tasting Albertos Pub & Pizza, Inc. Bar Louie Foxboro Cabot Creamery Edible Arrangements Gourmet Bae Catering LLC Healthcare Services Group Hills Home Market Moes Southwest Grill Norwood Hospital Plainville Park Casino The Downtown C. Approval of Disposal Works Installer's Permit R. Moreshead Excavating D. Permit for Offering Tattoo, Body Piercing and Micropigmentation Rectify Barbershop & Beauty Alcove, LLC E. Practitioner's Permit for Offering Tattoo, Body Piercing and Micropigmentation Rectify Barbershop & Beauty Alcove, LLC 1 Approval of Consent Agenda: Mr. Healey/Ms. Frenette. Motion passed 3-0-0 Ms. Donovan -Palmer said the September minutes were unclear as to when the new fee schedule would take effect and should be clarified. Mr. Healey made the motion for the new fee schedule to take effect immediately for any fees issued for permits and licenses valid on or after January 1, 2019 and for services rendered by the Health Department on or after January 1, 2109, Ms. Frenette seconded the motion. Motion passed 3-0-0. 4. Correspondence: 5. 7:05 pm: Public Comment: FOG regulations. Chris Rositer, MFN Operators Manager and Peter Kuplast, owner of Cibo Matto, were present. Peter Kuplast asked if restaurants would be required to put in an outside grease trap and if there would be a grandfather clause. Mr. Healey said no, but there would be a grace period of one year and Mr. Kuplast could come before the board to discuss a variance. Ms. Donovan -Palmer said you would have to have an automatic or passive grease trap inside but there is a section of the regulations that states the board may order the installation of a pre-treatment system, including but not limited to an indoor or automatic grease trap. Mr. Kuplast said the current situation is not working. Mr. Healey told Mr. Kuplast the board will work with him and the sewer department to try to protect the discharge and come up with a solution; Mr. Kuplast said he would do whatever needs to be done. Mr. Healey asked Mr. Rositer if there was anything he would add to the regulations. Mr. Rositer said he was satisfied with the regulations as written. Mr. McClean said the board does not want to create a hardship for any business, but also can't have sewage backing up from grease traps. Ms. Frenette made the motion to adopt the Fat, Oil, and Grease regulations with changes noted during the discussion effective January 1, 2019. Mr. Healey seconded the motion. Motion passed 3-0-0. Public hearing ended at 7:24 pm. 6. Tobacco Control discussion: DJ Wilson, Dr. Lester Hartman Mr. Wilson said the purpose of tonight's discussion is to talk about flavored products but also talk about missing policies in Mansfield's Tobacco Regulations; he passed out a summary list of those policies the regulations of 2016 do not have and said the board might want to think about expanding Mansfield's regulations in the next iteration to better match the new state law. Mr. Healey asked Mr. Wilson to explain the state's regulations that will take effect in January 2019 and what the impacts would be on the Mansfield regulations. Mr. Wilson said one thing the state law does expand is e -cigarettes; no e -cigarettes sold to kids and no e -cigarettes in smoke-free locations. He said the second major thing is the age goes to 21, which Mansfield will not be subject to because the town is at 21 already. He said the third item that will become state law is no pharmacies can sell cigarettes or e - cigarettes and noted Mansfield does not have this in their regulations. Mr. Wilson said other items included are cessation sign requirements and, because kids are very price- senative, the price of single cigars would be changed to $2.50 instead of $.29-$.39 for a single cigar and 2 $5.00 for multi packs; limiting the number of tobacco permits the town has, much like the towns do for alcohol and no new retailers within 500 feet of a school. Mr. Wilson said this does not effect existing retailers and, if a store is sold to someone else, they would have a number of days to grab the existing permit. Mr. Wilson said there would be no new stores allowed near each other. Mr. Wilson said in 2009 the federal government banned the sale of flavored cigarettes but this did not touch other tobacco products and e -cigarettes were not around at that time; he said now your regular convenience store can only sell plain, mint, wintergreen or menthol, but qualifying adult -only stores can sell anything they want. He said the idea here is to reduce the number of places that can sell these products but not ban the products completely; he said this would narrow down the number of stores that kids can get to and the number of stores that need to be monitored. Mr. Wilson noted Boston had 840 retailers and this policy has narrowed it down to approximately 60 places that can sell flavored products. Mr. Wilson said tobacco and vaping sales would be banned in educational institutions, which is in the new state law. Mr. McClean said the board would do an audit of the 2016 regulations and asked if there is boiler plate language associated with each one of these points that could be put into Mansfield's regulations. Mr. Wilson said Mansfield's regulations do not follow the sample at all but he recommended the board go through their regulations, pick out the current policies and unique language that the board wants to keep, add this to the sample, remove what you do not want, and present that as a draft. Mr. McClean suggested the board go through these provisions at another meeting and then make a note of the ones to change; the draft will then be sent to Mr. Wilson. Dr. Hartman explained 42% of seniors have used these products and 22% are regular users and noted there is no doubt these products are being marketed to kids. Dr. Hartman said only about 5% to 10% of vape products are used for smoking cessation and 40% of the kids that use e -cigarettes regularly end up smoking. Mr. McClean asked how children are obtaining these products. Dr. Hartman said if you look at the sales at the convenience store level, this is where children continue to get these products. He said part of this is enforcement issues that have been a challenge for many stores and the goal is that all flavored products go into 21 -only smoke shops. Dr. Hartman talked about the different types of devices, such as Juul, Suorin and Juno, the size, cost and the amount of flavors each device can dispense; he said the Juul pod contains the equivalent of one pack of cigarettes. Mr. Healey asked if they are allowed to coupon these devices. Mr. Hartman said yes. Mr. McClean said the regulations currently ban these devices and does not allow the sale of these products unless your are 21; he asked Dr. Hartman what he is asking the board to do. Dr. Hartman said put all flavored products in 21 -only vape and smoke shops. Mr. Healey noted if you tell the 22 convenience stores in Mansfield they cannot sell these products, this will offer an opportunity for someone else to open another adult -only shop in Mansfield. Mr. Wilson mentioned they have the lowest rate of cigarette usage in schools but are back to 25% with vaping products. Mr. McClean asked if the best approach would be to consolidate and get these products out of the main stores and into vape shops only. Mr. Wilson said lower density means less places for kids to get these products. Mr. Wilson said a lot of towns have capped the number of tobacco sales permits and said of that number only so many can be smoke and vape shops. Dr. Hartman mentioned Wicked Vaped because their web site states you need a photo ID, not a driver's license. Mr. Healey asked Mr. Wilson if there is anything in the regulations regarding the type of 3 indentification necessary. Mr. Wilson said it would be a government -issued photo ID. Mr. Healey said he would not want a college ID card as a means of identification; Dr. Hartman noted this is what can be used now. Mr. McClean said there is no question e -cigarettes are a huge health issue and this has been very helpful to better understand the issue. He said the board can look over the provisions of the 2016 regulations and decide which changes to make. Mr. Healey asked if signage is manditory and, if so, how to obtain the signs. Mr. Wilson said the signage is manditory and you can get the signs from the state. Dennis Lane, Executive Director of Coalition for Responsible Retailing, and a retailer in Massachusetts, said tobacco is a legal product and a very important part of the convenience store industry. He said he has been in business for 44 years and his store has had 1 violation and 1 warning. He said the average compliance rate in Massachusetts for both alcohol and tobacco is 95%. Mr. Lane said minors are not buying from retail stores, they are purchasing these products on the internet or from social sources. He said many cities and towns have moved tobacco products out of retail stores and put these products in adult -only stores; he noted vaping levels in cities and towns that have restricted flavored tobacco to 21 - only stores have not seen significant decreases in vaping because the kids were never buying these products at retail stores, so you have not accomplished any public health good by moving these products to adult -only stores. Mr. Lane said two things happen when you place these products in adult - only stores; it further benefits young people to go onto the internet and buy products they should not be buying and it creates a black market. He said they do not want to encourage criminalizing this or punishing kids but there needs to be some accountability. He said when you take these products out of stores and move them to adult -only stores, you are not solving the problems, but you are hurting the profitability of the retailer who hires from within the community. Mr. McClean asked Mr. Lane if he had any data to show the board. Mr. Lane said there are two sides to this issue and he will send the board a tremendous amount of data. Mr. Healey said he liked hearing Mr. Lane's record on compliance. He asked Mr.Lane if he has a program to train his employees. Mr. Lane said he does have a program and Mr. Healey asked him to send a copy of the program to the board. Marissa Vital from the Southeast Tobacco Partnership said anything to reduce youth exposure to these products is a win. Myriam Yochim, a nursing student, asked if schools are involved in education about the dangers of smoking and do they survey the kids about how they are exposed to tobacco: she said a lot of kids are exposed to tobacco at an early age and through peer pressure. Ms. Donovan -Palmer said she was at a health and wellness committee meeting at the school and they incorporate tobacco use and the dangers into their health education program. She will give Ms. Yochim the name of the person to contact for more information. A nursing student from Mansfield would also like more information about this issue. Ms. Donovan - Palmer asked that she send an email to her so she can send her to Marissa Vital and Mr. Wilson for more information. Ms. Frenette said they are having a parent meeting next week about vaping and the schools have had assemblies about this issue. She was not sure of the health curriculum in the schools but they are doing surveys. Ms. Donovan -Palmer said there was on FDA violation in August and she was going to issue a fine, but she spoke with Marilyn Edge who said you can only issue a fine within 15 days of the violation. Ms. Donovan -Palmer suggested the violator come to the next meeting. She noted Mansfield no longer has a tobacco enforcement agent because the grant with the state ended in September. She said there is some money to possibly contract with Marilyn Edge to do the compliance checks. Mr. McClean asked if M compliance checks could be done for e -cigarettes instead of regular cigarettes. Mr. Healey asked for the price for doing one compliance check at each of the retailers in Mansfield and Ms. Donovan -Palmer said she would get the information. 7. Agent's report: • Housing Inspection: Housing Inspections: Since the last meeting Ms. Donovan -Palmer has conducted housing inspections at six different locations. Violations include leaking roofs and basements, electrical issues, mold, and heating issues. She said the owners have been very receptive to working with her to get the issues resolved. Ms. Donovan -Palmer said there was an issue with an oven in an apartment complex and asked if the board would like to make a motion as to what would constitute an oven. Mr. Healey asked if she was asking the board to put a motion forward to meet Mass Public Health regulations. Ms. Donovan -Palmer said the housing code states the landlord needs to provide a stove and oven in working condition unless it is in the lease signed by the renter that the landlord is not providing a stove/oven. She said there are two locations that do not have a stove/oven and it is not in the lease agreement. She said at one location, the renter would like to add an addendum to the lease. She said town counsel said she should advise the renters to go to their lawyer to make sure fair housing practices are being met. Ms. Donovan - Palmer said the authority of Mass General Laws Chapter 111 Section 31 gives the board the right to pass regulations; the board can define what an oven is and town counsel said the board can vote on what constitutes an oven in Mansfield. Ms. Frenette made the motion that an "oven" must be a standard conventional oven, a convection oven or a convection/microwave oven at a minimum size of 1.7 cubic feet to meet the requirements of 105 CMR 410.100(A)(2). Mr. Healey seconded the motion. Motion passed 3-0-0. • Update on lead in school faucets: Ms. Donovan -Palmer said they have changed out all the fountains that were a concern and have labeled all sinks "hand washing only". She said all tests have come back negative and re -testing will be done again in October or November. • Plastic bag reduction implementation will start on November 1, 2018. • Xfinity parking lot port -a -potties: Ms. Donovan -Palmer explained a resident called with concerns about the limited amount of port -a - potties in the Xfinity parking lots. Ms. Donovan -Palmer contacted Jeff Mann who sent calculations and formulas used regarding this issue. Mr. Healey asked if the plumbing inspector should get involved. Amy said she just wanted to bring this issue to the board and Jeff Mann's attention. 8. Old Business: • Mission statement: Will be discussed at the November meeting. 5 9. Adjournment: Mr. Healey made the motion to adjourn at 8:30 pm. Ms. Erenette seconded the motion. Motion passed 3-0-0. Next meeting will be November 1, 2018 at 7:00 pm in Meeting Room 3 A/B. Michael Healey, Clerk Date 11 -1 -If 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. AGENDA SUBJECT TO CHANGE