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HomeMy WebLinkAbout2001-4-4BOARD OF HEALTH TOW N OF NANTUCKET MINUTES APRIL 4, 2001 SUPERIOR COURT ROOM MEMBERS OF THE B.O.H. IN ATTENDANCE: Mr. Soverino, Mr. Santos, Mr. Bender, Spriggs and Mr.-Fee rJ MEETING CALLED TO ORDER: App. 7:30 p.m. ._ 1. CONCERNS FROM THE PUBLIC. None noted. 2. NEW BUSINESS: A. Variance request from specific sections of State and Local Food Code. Jeanette Topham Catering and Georgia Axt Catering. HO Ray -Written variance requests are now present from both Caterer's requesting relief from specific sections of the Food Service Code as noted. In my response I am recommending unfavorable action of these variance requests. My reasons were greatly detailed at last week's meeting. We also have received a letter from the State Dept. of Public Health. They are not in favor of granting this variance at all and recommend that the Board does not grant the variance request. The Dept. of Public Health would not support such a move, and note that the Board of Health would be liable in a foodborne illness outbreak. Atty. Reade -Representing Mrs. Topham. Mrs. Topham and Mrs. Axt have been in business for many years and have stellar reputations. The regulations have changed around them, making it impossible for them to conduct business. I would suggest that both these applicants have exemplary quality records and should be allowed to continue. The State Dept. of Public Health does not know these two Caterer's as we all do. Atty. Holmes -This issue started four years with concern about pushcart vendors in major cities. Ms. Axt, my client, has been in business since 1981 without complaint. Her facility is in good repair and capable of being inspect- ed. Her product will continue to be of the highest caliber and is of no threat to public health. I would ask you to simply be fair. Ms. Topham - My position is well stated in my letter to the B.O.H. HO Ray -The Town of Nantucket has over 100 licensed Food Service Establishments and this Code has effected all of them. It mandates specific requirements, other restaurants and caterer's are complying with this code and spending substantial amounts of money. The lists of things that would need to be varied in these two establishments is substantial. Mr. Soverino -Asks for the Board what question Richard asked of the State in order to receive the response given in this letter? HO Ray - The question was the possibility of the use of a home kitchen for a Catering Establishment Food Service Permit. ' B.O.H. 4/4/01, PAGE TWO Mr. Fee - Could a variance be granted to allow them to be given two or three years to have the work done? HO Ray - I my department's opinion that the variance requests are far too numerous to agree upon a period of time. We are talking a whole kitchen here. Mr. Spriggs -These two variances are from long term island businesses. I think we should give them a variance for two years exactly to either come into compliance or stop business. Motion is then made to grant both establishments a variance for two years, then they must comply or cease business. Motion seconded by Mr. Santos. Motion is approved by Mr. Soverino, Mr. Spriggs and Mr. Santos, Mr. Bender and Mr. Fee abstaining. 3. PUBLIC HEARING -Adoption of Town of Nantucket Rules and Regulations for Body Art Establishments and Practicioners. HO Ray -Again, the State of Mass. has struck down the tattooing prohibition. This makes tattooing an unlicensed entity. The State has left this decision to each Town or City. Some have chosen not to regulated. By and large most of the Towns within Mass. are adopting all or part of the Mass. Health Officers Assoc Code. I am asking you to adopt this in its entirety. This will allow us to license any establishment and employees in it. This will ensure safe and sanitary practice. Individuals who pierce body parts (ears excluded) must go to a College Level Anatomy class and receive a "C" or better. Ms. Jenn Carr -Recommends regulating the tatooing industry. Mr. Spriggs: If we must have tattooing, we should regulate it. Asks how a practitioner will be determined and who will see to it that they have proper training. HO Ray -These will be handled by my office and training is determined by the regulations specifically. Mr. Bender -Reads excerpt from page 3 of regulations i.e. "skin braiding" and "scarification". Could we eliminate some of these things outright? HO Ray -Perhaps. You may be running into a freedom of expression suit. Mr. Spriggs: Makes motion to adopt regulations as they seem very strict. Otherwise someone may use his or her home to operate. B.O.H. Approves, with Mr. Bender opposed. 4. No Concerns from the Board. B.O.H. ADJOURS AT APP. 8:15 P.M.