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WC CWF Health District Board Minutes - 08/22/2014WICHITA FALLS- WICHITA COUNTY PUBLIC HEALTH BOARD MINUTES August 22, 2014 Wichita Falls- Wichita County Public Health District 1700 Third Street - Parker Conference Room Wichita Falls, Texas MEMBERS PRESENT: Board Members Scott Plowman, Chair , Jane Leach, R.N., Ph.D., Secretary David Carlston, Ph.D. Larry Rains, D.D.S. MEMBERS ABSENCE EXCUSED: Michael Lamar, M.D. Robin Moreno, MHA -HAS, ACHE MEMBERS ABSENCE UNEXCUSED: Julie Gibson, D.V.M, Vice -Chair Lou Kreidler, R.N., B.S.N. Director of Health Kinley Hegglund City Attorney Peter Scott Municipal Court Prosecutor Woodrow "Woody" Gossom County Judge Ray Gonzalez County Commissioner I. CALL TO ORDER Scott Plowman called the Health Board meeting to order at 12:07 pm after a quorum of members was attained. II. APPROVAL OF MINUTES AND ABSENCES Scott Plowman introduced a motion to approve the May 16th minutes and Dr. Rains seconded the motion. The motion passed unanimously. At this time it was noted the excused absence of Dr. Lamar, Robin Moreno and unexcused absence of Dr. Gibson. III. TOBACCO ORDINANCE UPDATE Scott Plowman praised the hard work of the City staff, Lou Kreidler, and Amy Fagan on the passage of the tobacco ordinance. Lou Kreidler responded that it is a great accomplishment for our community. Some restaurants voluntarily went smoke free even with the grandfather clause of two years to comply. Since all the publicity most complaints were from people in businesses within a work place that should have been smoke free to start and did not realize it since then they are working toward compliance. Smoke free signs are handed out at no charge when requested and the inspectors distribute the signs for free when out on inspections. Grant funds enable us to offset the signage cost and we have received a lot of positive feedback. Dr. Rains asked about the violators. Lou Kreidler replied we meet with them to explain the ordinance what needs to be done to become compliant then make a revisit to confirm compliance. If a second complaint is received they receive a citation. Scott Plowman said he heard in two years the bars are going to fight the ordinance what would they have to do. Lou Kreidler stated anything could happen. They would have to go back to council to get a revision to the ordinance. Susan Morris added a new restaurant in Electra will be smoke free. After they asked about the ordinance and was informed it did not apply in Electra they responded it should. Lou Kreidler responded that the Health District regulates all cities in Wichita County that includes Electra, Iowa Park, and Burkburnett but once the ordinance passed the need was to observe reactions before the move into the other communities. In early fall it has been planned to begin with Electra. In conclusion the Tobacco Ordinance was a group effort that would not have been successful without the Community support and Health Coalition. IV. MOBILE FOOD ORDINANCE Susan Morris, Environmental Health Administrator discussed the changes to be proposed to the Mobile Food Code found in Part II —Code of Ordinances; Chapter 26— Business Regulations; Article VI. Food and Food Vendors and Establishments; and Division 4— Mobile Food Vendors (changed Vendors to Establishments). The changes are to strengthen what the vendors are allowed that allows a mobile food court in the downtown area. The Downtown area wants to attract more people in the area and more foot traffic with something unique and different. Collaboration has been with City Attorney's Kinley Hegglund and Peter Scott, Assistant Director of Community Development Bobby Teague, Planner li Chris Guess, Planner III Loren Shaprio, Downtown Development Cynthia Laney, mobile food vendors, and property owners. In the discussions it was determined what was wanted and what could be done in the perimeters of the codes to still maintain high sanitary standards. Mobile food vendor conferences was attended and research done into the successes and failures in the cities of Fort Worth, San Antonio, Austin, and Frisco mobile food vendors. Mobile food vendors felt the Health Department had made it too difficult to do business made the requirements to stringent. A mobile food vendor is not any different than a brick and mortar restaurant the same population and foods are served they should meet the same requirements. Most of the people voice they have few funds and want to see if they can succeed in the mobile food business before investment in a restaurant. That could be implied as a cheap out which cannot be done with food since food can kill people some do not understand how dangerous the business can be and how much commitment it takes. Mobile food trucks need to be commercially designed with the same commercial equipment as a restaurant. A central preparation facility is needed to report to daily to restock and clean dishes too large for the truck sink. The units must have an awning that will cover the truck when they back up to load, unload, and empty the cleanup waste water into the grease trap. The requirements for a restaurant are the same as a mobile food truck. 2 The temperature in Wichita Falls is not the same as Austin so many trailers here when it gets hot the refrigeration cannot keep up it has been seen not to work. Temperature monitors had to be put on the refrigeration to measure the temperature the entire time the unit ran it did not get less than 80 degrees because of the generator, cooking, and ventilation not designed to be outside in the heat and maintain a lower inside temperature. Property owners asked are there CDBG (Community Development Block Grant) funds for the mobile food court? Lou Kreidler responded the CDBG funds have to be used to provide services to increase the health and/or safety of low income individuals. The CDBG funds allocated annually are received by some nonprofits and the City Street Department to redo sewer and water lines in lower income areas. Susan Morris stated Downtown Development wanted to make the court an expansion of the Farmers Market and asked why the City could not pay for an expansion that is because it is not the City's job. Why not park a smoker in the street because it takes up parking and blocks the right of way, why not put tables on the sidewalk again blocks the right of way. The Health Department does not govern those rules so there was the need to collaborate with the City, Community Development, Planning and Zoning on where the mobile units would be allowed, the parking, loading, seating, and etc. A co- ordinance with Planning and Zoning has been in the process that nears completion to assist the Health Department with these issues. The zoning map was reviewed of the downtown area called the central business district that is a small area only a few blocks that would make a good mobile food park but other areas in the perimeter the industrial, river development district and general commercial would also be good. The decision was made to offer Downtown Development first allowance in the central business district are if they preferred in the red river district, light industrial, or heavy industrial. Dr. Rains asked if the land would be rented to them. Susan Morris replied the land would have to be developed by an individual or company. A food court would consist of two or more mobile food vendors the court would need parking for the units, hook ups like an RV park for electricity, water, and grease trap. If they had a central preparation facility the mobile units could share and rent space that would allow the units to stay overnight if they did not have a facility the mobile units would have to go back to their central preparation facility every night. It would be to the benefit of the person whom owns the land to build a central preparation facility. The court would be required to furnish public restrooms with hot and cold running water also allowed to have outside seating and signage. Like Daddy Bob's that pays and parks in a parking lot on Southwest Parkway cannot have signage or seating but would not be prohibited to operate at the location. People in downtown businesses would have a defined area to walk for a choice of units, sit, and eat. Commissioner Gonzales asked what's different in going to a food court and going to a restaurant. Susan Morris replied the only difference a food court offers a variety of choices all together. Judge Gossom questioned if the central preparation is to prepare the food for the next day then where are they to store the food. Susan Morris answered that a central preparation facility would have refrigeration within the cubicles with a small storage and refrigeration area then one large three compartment sink, mop sink, and hand wash sink would be shared. Dr. Leach asked if there were people interested. Lou Kreidler stated there are people downtown wanting to do this. Susan Morris added once a week people call that want to bring a mobile food unit into Wichita Falls but do not because of no park no ordinance. Working with Community Development, Planning and Zoning Q on the co- ordinance would allow the units. In addition Legal approved to require the person with the mobile food truck have a driver's license, insurance, be registered and the vehicle VIN number on file. Daily documentation would be required to be kept on the unit and at the central preparation facility. Additional requirements would be trash cans available for customers, on selling fish, crustacean, and prior approval of all equipment on the unit. Hand push carts will not be able to sell potentially hazardous foods along with additional the requirements that also outlines concessions and food courts. The engineer plan requirements changed to be consistent with the City of Wichita Falls Building Department. Bobby Teague explained they go by the engineering practices act based on square footage and size of building on whether an engineer or architect is required also would be based on dollar value. Lou Kreidler responded it was done to make things easier for builders in our community so they would not have to worry about turning in a plan to Susan Morris and a plan into Bobby Teague all plans would go to Bobby and he would distribute to the required departments. There would be one central location it eliminates going to three or four departments. Susan Morris stated in addition fees are to be collected to review plans depending on how extensive sometimes 4 or 5 hours can be spent on a review. In addition to collect fees for re- inspection the extension or revoke of a permit for every time to go back out there will be a charge. The food ordinance also had been updated, changed and deleted definitions to be consistent with FDA rules. The very high risk food category now includes any prepared foods such as sushi that require a HACCP (Hazard Analysis Critical Control Point). Another addition any foods prepared for highly susceptible populations which would be pre -K, elementary to 5t' grade, hospitals, and nursing homes. Temporary events last no more than seven consecutive days and applicants are now limited to seven temporary event permits instead of the previous five. Addition of seasonal permits for any facility which operates for a period of no more than six consecutive months out of a 12 month period from January to December and has a limited menu that does not offer very high risk foods may apply for a seasonal permit instead of a Process 1 low to moderate risk or 2 high risk. Soft serve changed from the mandated 3 samples per year to a 1 round sampling a year and instead of training for 1 year allowed it good for 2 years. Food handlers are to be issued one temporary receipt good for 30 days previous allowance of 3 temporary receipts before required to take the class now only one, with no card they cannot work in a restaurant. Life time food handlers cards are to no longer be issued those already established would be honored. A food protection management certificate would be required for managers. In all stores at all times it is required to have a person in charge that person would be required to have the food protection management certificate. Changes to the fee structure that had not been changed in seven years followed. a) Permits: 1) Process 1 (low to moderate risk) from $120 to $150 2) Process 2 (high risk) from $150 to $175 3) Process 3 (very high risk) from $175 to $200 4) Temporary events: Non Profit $30 - Profit $50 remains the same 5) Additions Permits from $60 to $75 includes meat market, catering, bakery, snack bar, fish market, commissary, and added produce because FDA wants to track the inspections 6) Seasonal Permits $125 0 b) Certificates: 1) Frozen dessert establishment certificate $100 a year (to remove training for one employee) 2) Frozen dessert operator certification $20 for each employee good for 1 year to 2 years c) Food handier's training certificate: 1) Food handler training certificate remains $20 2) Food Manager's registration certification $10 3) Replacement of any lost or stolen card $5 d) Re- inspection fees: 1) $75 per inspection 2) $20 per soft serve sample e) Plan review fees: 1) $100 New construction 2) $75 Extensive remodel that requires construction 3) $75 Concept change that requires change of equipment 4) $25 for each requested site visit Susan Morris asked for any questions or comments. Judge Gossom asked about nonprofits and churches. Susan Morris answered Catholic churches that have a fish fry are temporary events permitted as a nonprofit $30. A nonprofit that does not accept money considered as an outreach do not pay for a permit. Those that advertise, charge fee, donations, fund raisers are permitted as temporary event. Faith Mission, Salvation Army, Faith Refuge, Food Bank, and First Step are not permitted because even though they might get some money from the government they do not charge or accept money for their food. Their business is not to generate income for the food they feed as a result to bring people in to protect and provide for them. Donations are accepted for other things to care for those people but not accepted for the food. A church fund raiser would be required to pay the fee. The $30 fee goes into general revenue as an ordinance requirement to provide the inspectors salaries to perform their jobs. Lou Kreidler added generally all temporary events are inspected when a temporary permit has been issued the inspectors check that the setup is appropriate which includes a place to wash hands. Susan Morris said that any announcements in the paper, on television, radio, etc. are going to be investigated. Lou Kreidler announced there would be no vote on the ordinance today that a stakeholders meeting needs to be held first then any changes would be made aware to the Board members before presented for a vote at the next meeting. Dr. Carlson voiced that the Boards primary concern are the fees and regulation of the mobile food vendors as regulated at a restaurant the zoning regulations are another departments issue. Lou Kreidler stated notices are to be sent out to the Stakeholders, Restaurants, Texas Restaurant Association, Mobile Food vendors and everyone with a current food permit. A meeting with Downtown Development is to be held on the other issues. Scott Plowman adjourned the meeting. 5 V. NEXT MEETING October 24, 2014 V1. ADJOURN The meeting adjourned at 12:55 pm. brgnarure � cj-�- 0 6GO Print Name Scott Plowman, Chair, Julie Gibson, D.V.M., Vice -Chair, or Jane Leach R. N.. Ph. b., Secretary WFWC Public Health Board Title