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HomeMy WebLinkAboutBOH 11/01/2018Town of Mansfield RECEIVED Board of Health Minutes November 1, 2018 TOWN CLERKS OFFICE Present: Michael Healey, Acting Chairman; Kasia Frenette, Acting Clerk; JotylI�r;,Ftrpy porgaSAalmer, Board of Health Agent. jd yy TT tC r;6 UU HH It1 J� 1. Call to Order at 7:00 pm 2. Consent Agenda Approval of October 4, 2018 minutes MANSFIELD MASSACHUSETTS Approval of Temporary Food Permit Doll E. Daze Project and Museum dba National Black Doll Museum — Abolition Day Celebration Pepsi Beverage Company -11`h Annual Tri -Town Chamber Food Tasting @ The Xfinity Center Approval of Permit to Operate a Residential Kitchen Jessica Gaudett — Blondies' Cakes Motion to approve the Consent Agenda: (Frenette/Chartier) Motion passed 3-0-0. Motion to approve the October 4, 2018 minutes: (Frenette/Chartier) Motion passed 2-0-1, 3. Guests Donald Ames, Store Manager, Tedeschi Food Shops 3748H/7 -Eleven, Inc. and Torrence Crawford, Field Representative for 7 -Eleven. Re: tobacco sale violation. The Board was notified by the FDA that there was a tobacco violation on August 31, 2018 at the 7 -Eleven Store at 242 Chauncy Street. Mr. Healey asked Mr. Ames if he was able to do any research on the violation to see if it was accurate. Mr. Ames said the FDA sent him a letter with photographic evidence. Mr. Healey asked him to explain what they are doing to make sure tobacco products are not being sold to minors. Mr. Ames said since that date they have gone to requiring an ID for all tobacco purchases, which are scanned into the register system on most occasions; he noted some IDs cannot be scanned, such as passports. Mr. Healey asked what type of ID is accepted at the store. Mr. Ames said they accept state licenses, state identification cards, military IDs or passports. Ms. Frenette asked if the store identifies everyone under a certain age. Mr. Ames said 7 -Eleven's policy is to ID anyone who looks to be under 30 years old but he has expanded on that. Mr. Healey asked if there was any documentation that 7 -Eleven employees have to sign that confirms they have read the company and the town's tobacco policies. Mr. Ames said the employees take an on-line course and then an evaluation test; he noted each employee must take the test once a year. Ms. Donovan -Palmer said Mansfield's regulations require that every employee sign a document stating they have read the regulations and understand the local law also. Mr. Healey noted the larger organizations have this in place and employees have to sign twice a year. Ms. Frenette asked Mr. Ames how he keeps track of the yearly renewals of the test. Mr. Ames said once a month he runs a report to make sure all employees are current. Mr. Crawford said as the field representative he pulls this information for his entire group and, if a test is past due, the employee is not allowed to use a register. Mr. Healey said the board asks anyone with a violation to present a written policy and procedures so the board is assured there is a plan in place so a violation does not happen again and asked Mr. Ames to send a plan to the Board of Health within 30 days. He said if Ms. Donovan -Palmer is not satisfied with the plan, Mr. Ames will be asked to attend the next meeting. Mr. Healey asked Ms. Donovan -Palmer if she could get a copy of Bob Langton's (the former owner of Tedeshi's) plan for Mr. Ames. Mr. Healey asked Mr. Ames about e -cigarettes. Mr. Ames said they 100% ID when e -cigarettes are purchased. Mr. Healey asked what percentage of the tobacco sales are e -cigarettes. Mr. Crawford said this is a growing category but the sale of e -cigarettes is miniscule when compared to cigarettes; he said it is approximately 90% tobacco and 10% other, which includes e -cigarettes. Mr. Healey asked about the clerk who sold the tobacco product to a minor. Mr. Ames said he was put on final warning determination. Mr. Healey asked Mr. Ames and Mr. Crawford if they had any concerns with this new commodity. Mr. Crawford said he would be concerned if it was attracting new people to the field. Mr. Ames agreed and added the original intention was to use this product to help people stop smoking cigarettes. Mr. Crawford asked for a copy of the Mansfield regulations; Mr. Healey said the regulations are on the town's web site. Ms. Donovan -Palmer said she will send Mr. Ames the employee signature sheet. 4. Agent's Report: (a) Tobacco Control: Ms. Donovan -Palmer asked if the board wanted to re -instate Marilyn Edge as the town's independent tobacco contractor to do compliance checks. She said with 24 tobacco retail sites in Mansfield, approximately $2,500.00 would be required for two checks per establishment; she said there is approximately $2,900.00 in a grant account that can be used for compliance checks and, for the budget next year, there will be a line item added for compliance checks; she noted the fees have been increased to accommodate the extra cost for the inspections. Ms. Frenette made the motion to continue to use Marilyn Edge as the tobacco agent, as funding will allow and according to a contract, to be written by Ms. Donovan -Palmer and approved by the Town Manager. Mr. Chartier seconded the motion. Motion passed 3-0-0. Discussion about stricter regulations: Mr. Healey suggested the board discuss and incorporate into the current tobacco regulations the six items from the state's sample regulations over the next three months. Ms. Frenette said since the Mansfield regulations have already been done, the board can make changes to make it work for the town. Mr. Healey said one of the topics that came up at the last meeting was smoking in restaurants and in the work place, which is not in the current tobacco regulations but was in the 2012 regulations; he believes this was intentionally removed from the 2015 regulations because all the language was in the state's regulations under Massachusetts Smoke Free Work Place Law (MSFWPL). He said, as a board, they should decide if it should be included in the current regulations. Ms. Donovan -Palmer said there is also an Environmental Tobacco Smoke Regulation (ETF) and the board can decide if they want to be stricter as to where you can or cannot smoke such as parks, play grounds or municipal buildings. She said Mansfield does not have any ETF regulations; currently the Mansfield regulations go by the MSFWPL, which will now include marijuana. Mr. Healey said item #7 (§E.9.c), no sales within 500 feet of a school, is not in Mansfield's or the state's regulations. For the December meeting, he suggested they discuss #3 (§F), minimum cigar packaging, size/price and #6 (§E.9) cap and/or reduce the number of permits in Mansfield. For January the board can discuss item #7 (§E.9c), no sales within 500 feet of school, but also includes work places and restaurants and #8 (§E.9.d) no new permits within_ feet of existing permit. Item #9 (§G), restrict flavored tobacco products (includes 9 definitions) #18 (§0), ban tobacco product sales in education institutions and #21 (§Ct.1.b and c), suspension period — maintain or double lengths, will be discussed at the February meeting. (b) Mission Statement: The mission of the Mansfield Board of Health is to protect, preserve and improve the public health, environment and wellbeing of our citizens through the enforcement of federal, state and local statutes and regulations, education and promotion of sanitary living and working conditions, and protection of the environment from disease and pollution. Goals and Objectives • Enforce current legislation regulating public health and environmental health.* • Pass local regulations specific to health and environmental concerns to the town and residents of Mansfield. • Develop, maintain, and advocate for programs aimed at ensuring a safe environment, reducing known health risks, and applying known preventive health measures. • Encourage education and expansion of knowledge and expertise within the department and throughout the community. • Prepare an all hazards approach to local public health emergencies, working in conjunction with town departments. • Maintain current knowledge and understanding of emerging topics in public health. * Legislation includes: food protection, septic systems, grease trap maintenance, tobacco and nicotine sales, housing standards, lead paint, body art, wells, recreational day camps, family campgrounds, motels/hotels, public and semi-public pools, odor, plastic waste reduction and public health nuisances. Ms. Donovan -Palmer asked if the board wanted to make any changes to the Mission Statement or adopt the statement as written. Mr. Healey asked Ms. Donovan -Palmer, on a day to day basis, how would the Mission Statement with the goals and objectives, change her priorities. She said there would be no change. Ms. Frenette made the motion to accept the Mission Statement and the goals and objectives. Mr. Chartier seconded the motion. Motion passed 3-0-0. © Housing inspections: Ms. Donovan -Palmer said she has five outstanding housing inspections and she has been working with the owners to make sure everything has been done. She noted everything concerning ovens is moving forward. Ms. Donovan -Palmer said the plastic waste reduction implementation started November 1" for all stores with 3,500 square -feet or more. She mentioned there are a couple of stores that will be using their existing plastic bag inventory before going to paper and there are a few stores that did not know about the ban so these places will be given a little time to go to the paper bags. She said on May 15, 2019 all stores will be using paper bags. Mr. Healey said small stores under 3,500 square feet or businesses that are exempt, such as dry cleaners, will need to provide a means to take back their bags from customers, as cited in Section 3 C. Mr. Healey questioned the wording in Section 6; instead of "director', it should be "health agent'. Ms. Donovan -Palmer said no one has asked for a variance from the regulation but noted Stop & Shop sent their plastic bags to Pea Pod because they do not deliver in Mansfield. The store manager will inform Pea Pod they also cannot use plastic bags for deliveries. (d) Department updates: Ms. Donovan -Palmer was able to get funding to hire an outside contractor to help with the food inspections. She said if the board is confident this is the way they want to go, a motion should be made to work with MoJin Solutions, LLC. She said they charge $80.00 per restaurant inspection and $160.00 for grocery stores. Ms. Donovan -Palmer will do routine or lower risk inspections and will do follow ups and re -inspections. She will sit down with the contractor to discuss which restaurants to target and all correspondence with MoJin Solutions, LLC will be done electronically. Ms. Donovan -Palmer will e-mail all establishments to inform them the town has now hired MoJin Solutions, LLC for food inspections. She mentioned the state adopted the 2013 FDA food code this month. Mr. Healey asked if the contractor will be doing grease trap inspections as well as checking to make sure stores are using paper bags. Ms. Donovan -Palmer said she has a meeting on November 5'h with the town engineer, DPW and Waste Water Treatment to talk about the Fat, Oil and Grease (FOG) regulations. She feels a lot of this will not be managed by the board of health; they will be overseeing it, but someone else will actually be checking the grease traps, so she is not sure if this would be something the food inspection contractor would do. She mentioned Attleboro has a very extensive application for FOG and, because there is a lot of important information regarding fat, oil and grease, at the November 5`h meeting she will propose to use a much more extensive application. Ms. Frenette made the motion to hire a contractor, employed by MoJin Solutions, LLC to do food inspections for all the food establishments in Mansfield, as the contract has been written, to be approved and signed by the Town Manager. Mr. Chartier seconded the motion. Motion passed 3-0-0. Ms. Donovan -Palmer mentioned on November 8th the 2"d annual joint septic pumper inspections will be held in Foxboro and will include Norton and Plainville. 7. Adjournment: Ms. Frenette made the motion to adjourn at 8:10 pm. Mr. Chartier seconded the motion. Motion passed 3-0-0. Next meeting will be De ember 13, 2018. K sia renette, A ting Clerk 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.