Minutes of Meeting
July 24, 2006
A meeting of the Sharon Board of Health was called to order on Monday, July 24, 2006, at 7:40 P.M., in the Sharon Town Office Building, with the following members in attendance: Anne Bingham, Chair, Elizabeth Barnett, Vice-Chair, Suzi Peck, Stan Rosen, and Jay Schwab. Jack Lapuck, Health Agent for Sanitary Inspections and Enforcement, and Sheila Miller, Assistant Health Agent for Sanitary Inspections and Enforcement, were also present.
Variance Request for Unitarian Church - Bean Supper
Suzi Peck stated she would recuse herself from this discussion.
Valerie White, President of the Board of Trustees of the Unitarian Church of Sharon, accompanied by
Robert (Rory) McGregor, member of the Board of Trustees of the Unitarian Church, provided a presentation requesting a variance from the State and Federal food codes to continue the annual bean supper as previously conducted for the past 53 years. Ms. White noted the variance section of the Food Code which allows for a variance if “...in the opinion of the regulatory authority a health hazard or nuisance will not result from the variance...”.
Anne Bingham asked if there is any way that the supper could be held without a variance. Ms. White responded that the problem is that the beans are prepared in a number of private homes. Stan Rosen asked if the church had considered using a licensed, approved kitchen (of another institution); or could the beans be prepared outdoors at the time of the event; or could the kitchen be brought up to appropriate code to use the facility. Ms. White responded that the church members have always prepared numerous types of beans; using other kitchens would change the event.
Jack Lapuck noted that the Board’s purpose is to protect the health and welfare of the community. The Health Department receives their regulations from the state....and from the federal government. He noted that the foods planned for the bean supper are potentially hazardous foods (PHFs); regulations state that PHFs must be prepared in a licensed, monitored kitchen....and that a variance is not possible in this situation. Suzi Peck stated that a HACCP plan is not routinely required for these foods, but that one had been prepared. Sheila Miller stated that HACCP is necessary for all PHFs ... when changing temperature is involved.
Elizabeth Barnett stating that the HACCP plan still does not address the issue of the food being prepared in home kitchens. Suzi Peck stated that the main hazard is pathogen contamination....and that proper temperature must be maintained. She also noted that cooking in small batches provides greater control. Sheila Miller stated that she had contacted Ellen Fitzgibbons of the DPH Division of Food Safety.... and the bottom line is: regulations clearly state no PHFs can be made in a home kitchen....they can only be prepared in an approved kitchen which is inspected and licensed by the Board. Ms. Fitzgibbons of the DPH Division of Food Safety....stated that by granting a variance for this event, the board would be setting itself up for liability and credibility issues. Sheila Miller noted that the 30
home kitchens to be used for preparing beans are not licensed kitchens.
Stan Rosen expressed concerns about setting a precedent by granting this variance. He noted that even “residential” kitchens, licensed by the Board of Health, are not allowed to prepare PHFs in their home. Suzi Peck stated that if other organizations provided the same type of HACCP for their events, it would set a great (positive) precedent.
Jack Lapuck stated that people must be properly certified in order to train food handlers. Sheila Miller noted that there must a certified person in charge for a temporary permit.
Elizabeth Barnett questioned what hazards might not be addressed by the HACCP. Jack Lapuck stated there are many concerns, e.g., rice must be acidified; pesticide use, etc. He stated that, basically, you are talking about controlling 30 different people cooking in 30 different homes, with children, animals, etc.
Anne Bingham noted that, despite the fact that both Stan Rosen and Sheila Miller had held two (separate) conversations with DPH representatives in which they were told this variance could not/should not be granted, by her reading of the regulations there is a way to consider a variance. She suggested a straw poll of the Board: Stan Rosen reiterated his suggestions for alternative methods of preparation. He stated he would not be in favor of granting a variance.....he would have a tough time stating a “hazard will not result”, required by the variance language. Jack Lapuck suggested the possibility of requesting use of Salvation Army and Hillcrest Lodge kitchens. Jay Schwab stated that there might be a way to allow the bean supper to occur; that he would not want to disappoint
hundreds of people; perhaps some exploration of use of other kitchens; Elizabeth Barnett stated that the prepared HACCP plan is terrific, but that she was troubled by the fundamental problem, i.e., the preparation of foods (PHFs) in home kitchens. She stated that the public health system in town, state, US, exists to try to protect against rare events; that the church has been very lucky that there have been no foodborne illnesses resulting from the supper. She stated that she favors exploring the use of other licensed kitchens and that she would not be in favor of granting a variance.. Anne Bingham stated that the Unitarian Church should look into alternatives, since, judging by the straw poll, a variance would not be granted by the Board. Gas-fired grills outside the church would be possible.
Lyme Disease concerns
Elizabeth Barnett reported on her conversation with Dr. Lester Hartman regarding concerns about Lyme Disease, particularly in children. She noted that she emphasized to Dr. Hartman that unless bloodwork is done cases can’t be reported. She reviewed the education already provided by the Health Department. She asked the Board if there are public areas in town where we could do a better job, e.g., fencing around woods at the ballfields? Suzi Peck suggested beginning the discussion of whether or not there are safe ways to cull the deer and mouse populations? Jay Schwab noted his concern about political ramifications; but he suggested additional education for the average family. It was noted that publicity is already done; the department recently provided a program on ticks from
DPH. Elizabeth Barnett suggested some true “human interest” stories in the Advocate re Lyme Disease; i.e., getting residents who have had Lyme Disease to tell their stories. It was also suggested that Diane Malcolmson might be able to write a story about increased lyme disease in pets. Elizabeth Barnett would be willing to ask the School Board to allow fliers on Lyme Disease go home with students....and/or to athletic groups. This item will be placed on the agenda for further discussion in late fall.
Minutes of Meetings:
VOTED: (ROSEN/BINGHAM) Rosen, Bingham, and Barnett voted to accept the minutes of the meeting of June 5, 2006; Peck and Schwab abstained.
VOTED:(ROSEN/BINGHAM) Rosen, Bingham, Barnett, Peck voted to accept the minutes of the meeting of June 26, 2006; Schwab abstained.
VOTED:(Rosen/Bingham) unanimously to accept the minutes of the meeting of July 17, 2006, as amended.
The meeting was adjourned at 9:05 PM.
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