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
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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.