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HomeMy WebLinkAboutBOH 12/13/2018Town of Mansfield Board of Health December 13, 2018 Minutes Present: Michael McClean, Chair; Michael Healey, Clerk; Kasia Frenette; Antonia Blinn; Amy Donovan -Palmer, Board of Health Agent. 1. Meeting called order at 7:00 pm. Mr. McClean welcomed Antonia Blinn to the board. 2. Consent Agenda: _ Approval of November 1, 2018 minutes Approval of Permit to Operate a Food Establishment Cafe on the Common, Inc. Bertucci's BG Food Mansfield dba B. Good Cibo Matto Caffe Corporate Chefs @ Smith & Nephew Cousins Pizza and Subs, Inc. D'Angelo Grilled Sandwiches Deco's Italian Cuisine Domino's Pizza Dunkin Donuts @ Stop & Shop Family Food Mart Flannel Cow Creamery, LLC Flynn's Irish Pub Hanger 12 Harry's Place Holiday Inn Honey Dew Donuts —SPCAP Inc. dba Honey Dew Donuts Juice on Main LTD K.D. Enterprises Inc. dba Stefano's Pizza & Subs Mansfield Best Pizza, LLC Mansfield Elks #2633 Mansfield House of Pizza Mansfield School Lunch @ Mansfield Jordan Jackson Mansfield School Lunch @ Mansfield High School Mansfield School Lunch @ Robinson Elementary School Mansfield School Lunch @ Qualters Middle School Mansfield Service, Inc. Old Country Store and Emporium, Inc. Our Daily Bread— Mansfield Community Food Pantry Qdoba Mexican Eats #2365 Quan's Kitchen Sake Steakhouse Shaw's #431 Stop & Shop #7 Subway Tedeschi Food Shops 37484H White's Bakery Approval of Milk & Cream Permit Cafe on the Common, Inc. Cousins Pizza and Subs, Inc. Bertucci's R-1 X i i ....I G :35- r-� t` -o c7C-) t^'t CDrn C:) CO n C7 rn BG Food Mansfield dba B. Good Cibo Matto Caffe Corporate Chefs @ Smith & Nephew CVS Pharmacy #1866 D'Angelo Grilled Sandwiches Deco's Italian Cuisine Dunkin Donuts @ Stop & Shop Family Food Mart Flannel Cow Creamery, LLC Flynn's Irish Pub Hanger 12 Harry's Place Holiday Inn Honey Dew Donuts — SPCAP Inc. dba Honey Dew Donuts Kanku, Inc. dba The Store Kinder Care K.D. Enterprises Inc. dba Stefano's Pizza & Subs Kinder Care Mansfield Elks #2633 Mansfield House of Pizza Mansfield — MA Xtra Mart Mansfield School Lunch @ Mansfield Jordan Jackson Mansfield School Lunch @ Mansfield High School Mansfield School Lunch @ Robinson Elementary School Mansfield School Lunch @ Qualters Middle School Mansfield Service, Inc. Our Daily Bread — Mansfield Community Food Pantry Qdoba Mexican Eats #2365 Quan's Kitchen, Inc. Sake Steakhouse Shaw's #431 Stop & Shop #7 Subway Sunoco 40082H Tedeschi Food Shops 37484H Town News West Mansfield Variety White's Bakery Approval of License to Manufacture Frozen Desserts and/or Ice Cream Mix Flannel Cow Creamery, LLC Mansfield— MA Xtra Mart Approval of Permit to Operate a Retail Establishment CVS Pharmacy #1866 Hilliards House of Candy, Inc./dba: Hilliards Chocolates Mansfield — MA Xtra Mart Omaha Steaks Sunoco 40082H Town News West Mansfield Variety Wines & More - Mansfield Approval of Permit to Operate a Residential Kitchen Ellen's Ultimate Cookies Jessica Gaudette Linda's Cookies Nancy's Kitchen Approval of Permit for the Sale of Tobacco Products Bristol Liquors Canaan Fuels Devine Enterprises, Inc. dba Wicked Vaped Family Food Mart Kanku, Inc. dba The Store Mansfield Gulf & Service (Mansfield Gas & Service) Mansfield — MA Xtra Mart Mansfield Service, Inc. Shaw's #431 Stop & Shop #7 — Gas Sunoco 40082H Tedeschi Food Shops 37484H Town News West Mansfield Variety Wines & More - Mansfield Approval of Disposal Works Installer's Permit Advanced Metals Engineering, Inc. AGA, Inc. Cryan Landscape Contractors, Inc. D. Berndt Sanitation & Excavation Depco Enterprises, Inc. Dick Morse Excavating, Inc. Earthwork Industries, Inc. Guaranteed Builders & Developers, Inc. 1, Hackman, Inc. 1.1. Bosse Construction, Co. L &L Heating Miles of Excavating Plainville Pump & Excavating, Inc. Ralph Excavating Ribeiro Enterprises Riccio Builders Soares Pumping, Inc. Approval of Septage Pumping and Transporting Permit All Seasons Septic Service, Inc. Cavalieri Cesspool Service Croome Sanitation, Inc. Dumont Pumping Service Miles of Excavating Pump Grump Practitioner's Application for Offering Tattoo or Body Piercing Services Jason G. Moretti Motion to Approve the Consent Agenda: Healey/Frenette. Motion passed 4-0-0 Ms. Blinn asked that the Mission Statement and the objectives that everyone agreed to be a part of the minutes so they are part of the public record. Ms. Blinn also asked that Mansfield be added to the list of towns attending the annual septic regionalization inspection. 3. Correspondence: November 13, 2018 letter from Healthcare Options. Health Care Options is asking for a 2% increase for July 1, 2019 -June 20, 2020, which would be an increase of $544 per month, a change from $27,222 to $27,766. Mr. Healey said he would not have a problem with the increase. Mr. Healey made the motion to approve the increase and the services from HealthCare Options, an affiliate of Community VNA, in the amount of $27,766 for the fiscal year starting July 1, 2019. Ms. Frenette seconded the motion. Motion passed 4-0-0. 4. Agent's Report: • Housing Inspections Russell Smith, Community Manager at West Village, 792 West Street, was present. Ms. Donovan -Palmer said Mr. Smith is working on an external issue at West Village and, because it has already been two months without the problem being corrected, she asked that he come before the Board to explain why it has taken this long to correct the issue. Mr. Smith said he has a signed sales agreement for a new striker system and an email from the contractor stating the project will be completed the week of January 14, 2018. Mr. Healey asked if they were using one contractor or if they put out a bid for the job. Mr. Smith said they usually do put out bids but, because the systems are so old and cannot be repaired, the striker system will have to be replaced. He explained they are replacing the striker system, which basically allows a tenant, after a visitor puts in a code, to open the main door to the building. He said there are two towers that are non -operational right now for a total of 24 apartments but there are no safety issues; he said this is a convenience factor and the fire department still has access to the buildings. Ms. Blinn noted in the offical letter a hearing was requested on October 12, 2018 and was to be done within seven days. Mr. Healey said it has taken 90 days from the notification. Ms. Donovan -Palmer said this does not meet the minimum standard of human habitation. Mr. McClean asked what exactly is the violation because it is not that the door will not lock. Ms. Donovan -Palmer said (the main entry door of a dwelling containing more than three dwelling units shall be so designed or equipped so as to close and lock automatically with a lock including a lock with an electronically operated striker mechanism, a self- closing door and succeeding equipment. Every door of the main common area entry way and every exterior door into said dwelling other than the door of such main common entry way, which is equipped as providing in the proceeding sentence, shall be equipped with an operating lock]. Mr. Healey asked if there is a certain length of time to fix the problem. Ms. Donovan -Palmer said the original order was 21 day. Mr. Healey asked when Mr. Smith knew about the issue. Mr. Smith said he knew about the issue when the original complaint was made. Ms. Donovan -Palmer said a sign was to be ordered; Russell said the sign has been installed in the area and they have been communicating with the tenants through email about the problem. Mr. McClean asked when the agreement with the company was signed. Mr. Smith said the signed agreement was dated November 5th; he noted the only company that works on these systems is Red Hawk Fire and Security. Mr. McClean said at a minimum, Mr. Smith should report back once the system has been installed and Ms. Donovan - Palmer said she would go back for an inspection and will report back at the February meeting. Ms. Donovan -Palmer has been working with the Fire Chief and the town's social worker to get things cleaned up at another apartment in town. She said she will take pictures and, if no progress has been made, the person will be asked to come before the Board. She said the town's social worker is trying to provide this person with some mental health services. Ms. Donovan -Palmer said there are two outstanding housing complaints that should be resolved soon. • Budget: Ms. Donovan -Palmer said the 2020 budget has been submitted. She said Household Hazardous Waste Day has been added to the budget for April 2020 and, because they ran out of money the last time the event was held and had to close early, she has asked for twice the amount. She also asked for additional money for food inspections. • Tobacco: Ms. Donovan -Palmer said one of her goals, moving forward, is to have all tobacco vendors have a tobacco policy; she said this will be a part of next year's permitting process. Mr. McClean asked if it would be useful to send out a communication to all the vendors to make them aware that this will be expected. Ms. Donovan -Palmer said she will reach out to all vendors in January. Ms. Donovan -Palmer mentioned there is grant money to pay Marilyn Edge for tobacco compliance checks but she would like to have a written contract with Ms. Edge with the terms, amount to be paid, how many checks would be done and some level of expectations in the contract; Ms. Edge would be required to contact the Board within 24 hours of any violations. Ms. Blinn said a lot of towns contract for this kind of work and the Massachusetts Muncipal Association or the Massachusetts Department of Public Health would probably have a model contract. Mr. McClean suggested Ms. Donovan -Palmer reach out to Cheryl Sbarro, Staff Attorney for Mass Association of Health Boards. • Fats, Oil and Grease Regulations: Ms. Donovan -Palmer said the FOG applications have been sent to businesses in the downtown area who, because of the age of the buildings or locations, most likely do not have external grease traps, which has allowed any grease from the restaurants to go directly into the sewer system. She said applications were sent out yesterday to all establishments with external grease traps and next week the application will go out to the smaller locations; she said all restaurants will have received the paperwork by the end of the year. She said because people are not used to paying attention to this, there has been a lot of questions from the establishments about the process and what their responsiblities are. Next week she will meet with the Town Manager, Town Engineer, the Department of Public Works and the Highway Department. Mr. McClean asked if the Board of Health requires all this information and how it would be used. Ms. Donovan - Palmer said the more information given, the better. Ms. Frenette asked if it would be useful to bring people in for a workshop to educate the owners of food establishments. Ms. Donovan -Palmer said it would. Mr. Healey said there have been major sewer backups in the town that have affect residents. Ms. Donovan -Palmer said the last time this happen raw sewage backed up into homes, which is not only a public health issue but a huge cost issue to the town because the town is responsible for cleaing it up; she noted they have not been able to pinpoint where the problem is. Variances: Ms. Donovan -Palmer said it would be helpful to have some clear guidance to tell people what would be expected for a variance. She explained the Board of Health may grand a variance from the requirements of the regulations for Operation and Maintenance (O&M), the type of FOG pre-treatment systems and the imposed time frame for correcting a violation. 0&M frequencies: Mr. Healey said the way the regulations were initially written a trained professional cleaner would be required to visit every facility once a month, but people are going to come to the Board to ask if they can clean the grease traps themselves; in those cases, he said the Board would have to see three months of pictures of before, during, and after the cleaning process, a signed cleaning log, that the cleaning was done consistently by a trained cleaner and they would have to have a certificate saying they had been trained to do the cleaning. Mr. Healey said it was his suggestion that the Board allow someone to ask for a variance on an annual basis. Ms. Donovan -Palmer said under the regulations, any application for an 0&M variance must be accompanied by a written letter from the food service establishment's 0&M contractor and provide information about the system; she said if they want to do the cleaning every other month they would need a minimun of six months of records. Ms. Blinn said the Board should also state, in addition to the six month of records, what other records are needed. Ms. Donovan -Palmer said she has a grease removal device maintenance log that they would have to fill out, which would include date-stamped photographs and six months of records. Ms. Blinn suggested a check list of what they need to provide, to include the six months of records, monthly date-stamped photographs, and proof of the depth of the grease. Ms. Donovan - Palmer will work on the check list and send a draft to the board members. Ms. Donovan -Palmer said Sections 1, 2 and 3 deal with the type of FOG pre-treatment required; she said if a new food service establishment goes in, they would have to install an outdoor/underground grease interceptor. Mr. Healey said he is less concerned about asking a new establishment to put in the right grease trap because the only thing the Board of Health would get a variance request for would be if they are not meeting what is existing; he noted there are very specific guidelines in the plumbing code. Impose time frame for correcting o violation: Mr. McClean said for this type of variance, it would be evaluated individually; he asked if the Board could include language to determine whether the circumstances are beyond control. Mr. Healey said it is the job of the Board of Health to make sure the grease does not make it into the sewer system, causing contamination. Certified trained, in-house personnel clean internal grease traps at least monthly: Ms. Donovan -Palmer said in Foxboro, Kevin Duquette runs a certification class for all food establishments; she said Mansfield's regulations state the systems shall be inspected, serviced, and cleaned at least monthly by a professional drain cleaner, licensed plumber or permitted offal/septage hauler. Mr. Healey said he has no issue with granting a variance that allows them to do the cleaning themselves. He said the employees that service these systems must complete a training program and said this should be a part of the variance process. Ms. Blinn said their certification would have to be added to the checklist. Mr. McClean said the board should consider adding a fourth bullet point to Article 6, Variances and Waivers, Section 3, which would allow the Board to give a variance to certified, trained, in-house personnel to clean internal grease traps monthly. Mr. Healey made the motion that a fourth variance waiver be added to allow certified, trained, in-house personnel to clean the internal grease traps at least monthly. Ms. Frenette seconded the motion. Motion passed 4-0-0, Ms. Donovan -Palmer said she will continue to work with Foxboro to see if their training program can be brought to Mansfield; she noted anyone who attends the training program would have to pay for the certification class. Steve Kelly, Xfinity Center: Ms. Donovan -Palmer said Mr. Kelly will be coming to the January 3, 2019 meeting. Mr. McClean asked about the permitting process for the Xfinity Center, Ms. Donovan -Palmer said the Board of Health has always permitted every one of their locations at the lowest level of food permitting, which would be [seats up to 100 people]. Mr. Healey said, because of the new regulation changes, there are going to be some permits the Xfinity Center will no longer need; Ms. Donovan -Palmer said the Board of Health will no longer need to permit sites that only sell pre-packaged, non -potentially hazardouse products. Ms. Donovan -Palmer asked what the Board thinks the level of permitting should be. Mr. Healey said there are certain places where they are cooking burgers and chicken and there are freezers and refrigeration; he asked how many locations there are. Ms. Donovan -Palmer said there are 16 food service places. Mr. Healey said if these places are set up to serve one hundred, if not thousands, of people, they would fall into the category of $300 per site. Mr. McClean asked what has been provided to the Board of Health in terms of a plan for fixing the issues at the Xfinity Center. He said for this year's permitting they would need to present a written plan for how they are going to insure compliance but, if they continue to have critical violations, the Board of Health may insist they hire a full time person to be present during events; Ms. Donovan -Palmer said in Foxboro, the stadium has to hire their own food protection person. Because they have had multiple years of non-compliance, Mr. Healey said this should be required now and, to be compliant, the Xfinity Center would have to pay for someone who would report to them and the Board of Health. Ms. Blinn said it sounds as if there is not a good system or structure in place for training the staff and they do not have what they need in the work space. Mr. Healey asked about the food trucks and said New England Sportservice hires outside food service vendors to come to the Xfinity Center who are permitted by the Board of Health, but these vendors have the same issues as the New England Sportservice locations. Ms. Donovan -Palmer said the food trucks were up to standard but a couple of the stands were really troubling this year. Mr. McClean said for the Xfinity Center to get the 2019 permit, they will have to hire a person to be on site. Ms. Donovan -Palmer said she would prefer to bring this matter up at the January meeting with Mr. Kelly; she said she thinks he should be coming monthly until the Xfinity Center opens. Department Updates: Ms. Donovan -Palmer said the 2019 permitting process has started and food inspections started on Tuesday with Maureen Lee, MoJin Solutions, LLC. She said Ms. Lee inspected five locations and two of these locations will require follow-up inspections; Ms. Donovan -Palmer asked Ms. Lee to go with her on the follow-up visits. Minumum Cigar Package Size/Price: Mr. McClean said DJ Wilson provided a template to the Board of Health, did an audit of the current Manafield Tobacco Regulations and then reported what was missing and what the Board might want to consider adding to bring the regulations up to standard. # 6 — Cap and/or reduce the number of permits in Mansfield: Ms. Donovan -Palmer said the board needs to decide the number of tobacco permits. Mansfield currently has 26 tobacco permits and she suggested the Board might want to go to 28-30 permits; she said the number of permits decides how many adult -only locations a town can have. Mr. Healey he is in favor of a cigar package and price change for mini cigars and cigarellos, but would not include full sized cigars. Mr. McClean said you can use the term cigars but in the glossary define the definition of full size cigar, mini cigar and cigarellos. Mr. McClean said Mansfield already has the age to purchase tobacco products at 21 and this would be an additional measure to set a minimum price threshold as additional protection. Since the Board will be discussing at future meetings the different items to be incorporated into the current tobacco regulations, Mr. McClean asked if the Board should make a decision on all the provisions once all items have been discussed. Ms. Donovan -Palmer said once the discussions are done, she will incorporate them into a draft regulation. Ms. Donovan -Palmer said Mansfield has 26 tobacco permits and Mr. McClean said the Board could cap the number of permits at 26 or allow more but, as those establishments give up their permits, they would be taken out of service; he said personally, he is not eager to have new vendors coming to town to sell more cigarettes. Ms. Frenette agreed and said she would rather start at 30 permits and then start decreasing the permits. Mr. Healey said between 34-36% of customers visit convenience stores to buy tobacco products so if you tell that owner he can not sell tobacco products, you have just taken 34-36% of his customers away. Mr. McClean said if you sell the exiting business the new owner would have 60 days to get the permit. Mr. Healey said when a person buys a tobacco product, 28% of those people buy other items. He said does not want to hurt anyone who wants to start a business in Mansfield and said he would much rather look at the fine structure and the penalties that go along with selling tobacco products to someone under the age of 21. Mr. McClean asked Mr. Healey if he is arguing for no cap at all. Mr. Healey said yes. Mr. McClean said one of the reasons the Board is reviewing this is because of the vaping conversation and asked how many venues the Board would allow to sell these vaping products; he said he would be in favor of capping the number of permits. Ms. Frenette agreed with Mr. McClean. Mr. Healey said he would not want the number of permits to be less than what it is today because there is still a demand for tobacco products, and it is not illegal to sell tobacco products, it is only illegal to sell these products to someone under 21, Mr. Healey noted the town has increased the number of liquor licenses for restaurants and stores and he does not believe there has been an increase in the number of violations. Ms. Frenette said because the board will table approval of these changes until the tobacco discussions are over, the Board would need to keep track of how many new tobacco applications there are. Ms. Blinn asked how many permits were issued two years ago and if the number of permits has stayed the same. 5. Adjournment: Motion to adjourn at 9:00 pm (Healey/Frenette) Motion passed 4-0. "renette, y 3, 2019. Date