TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, April 11, 2007
Board Members Present: Board Members Absent: Also Present:
Steven Ball, Chairman Lucy Burton, Vice Chairman Glen Harrington, Health Agent
Glenn Santos, Clerk
Chairman Steven Ball called the meeting to order at 7:00 PM.
APPOINTMENTS
No Appointments.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Minutes of March 28, 2007.
Glen Harrington made the following corrections to the 3/28/07 minutes:
- Page 1, under 7:15 PM Alex Walsh, paragraph 5, line 2, change the word ‘field’ to ‘pit.
- Page 2, under 2, paragraph 2, first line, change ‘Santo’ to ‘Santos.
- Page 3, under 7 Request for MA DPH, paragraph 2, line 2, change ‘DOH’ to BOH’; and on lines 5 and 9, change ‘Tier III’ to ‘Tier 3’.
- Page 3, under Request for Release of Bond, first paragraph, line 2, the line should read “was posted for obtaining a Waste Haulers permit from the BOH.”
- Page 4, under 10. Nitrogen Aggregation – change the spelling of ‘Fidler’ to ‘Fiddler’ in the title and also in line 1 of the paragraph. In line 6, change ‘Land’ to Lane’.
- Page 5, under 2. Pandemic Influenza Guidance Handbook, line 5, change ‘CEC’ to ‘CDC’.
The 3/28/07 revised minutes will be reviewed for approval by the BOH at their next meeting on Wednesday, April 25, 2007.
3. Nitrogen Aggregation Plan Approval Request – 2 Fiddler Crab Lane
John Slavinsky, from Cape & Islands Engineering, introduced himself to the Board. At the last BOH meeting on 3/28/07, Glen Harrington reported that Mr. Slavinsky had delivered earlier that day the full Title V design plan for 2 Fiddler Crab Lane, using the nitrogen aggregation. Time did not allow Glen Harrington to review the plans prior to the 3/28/07 meeting. The BOH agreed to continue discussion of the topic to the BOH meeting on 4/11/07.
John Slavinsky stated that an 18,881 sq. ft. land credit from 650 Old Barnstable Road is going to 2 Fiddler Crab Lane, and will be added to the 11,119 sq. ft. at Fiddler Crab Lane, making a total of 30,000 square feet. There are no variance requests attached to the plan. Glen Harrington stated that after the BOH approves the plan, an approval letter will be sent to the DEP with a transmittal letter and package, and the fee for the nitrogen aggregation plan.
Glenn Santos moved that the BOH approve the nitrogen aggregation plan for 2 Fiddler Crab Lane. Steven Ball seconded the motion. All approved.
4. Massage Therapist Variance Request – Jane Parhiala
Jane Parhiala introduced herself to the Board. Ms. Parhiala is requesting permission to perform massage therapy at the homes of cancer patients undergoing radiation and chemotherapy treatments. Ms. Parhiala stated that she originally applied for her massage therapist permit at Acupuncture & Associated Therapies, P.C., located at Deer Crossing, Upper Level, in Mashpee.
Glen Harrington stated that the Board had approved this activity on one other occasion with the following requirements:
- a CORI must be obtained from the Police Dept. and submitted to the BOH prior to issuance of the permit
- the permit must show that the therapist is restricted to the facility where he/she originally applied as well as to residential properties only, but no other commercial facility
- the massage therapist must carry her permit with her at all times
- the massage therapist must wash her hands with warm soap and water and use a sanitizer before treating patients
Steven Ball made a motion to approve the variance request from Jane Parhiala to amend her massage therapy permit to include the performance of massage therapy at the homes of cancer patients undergoing radiation and chemotherapy treatments, with the above stipulations as outlined by Glen Harrington. Glenn Santos seconded the motion. All approved.
5. Plan Approval for Proposed Food Service Expansion – Starbucks.
Starbucks is requesting permission to augment the selection of food items currently offered for sale to include warmed breakfast sandwiches. These sandwiches will arrive at the establishment fully cooked and prepared, ready-to-eat and individually wrapped. They will then be warmed in response to individual customer order in a combination microwave/convection. Employees will remove the sandwiches from the original packaging before placing in the warming oven. The following details apply:
- No raw products: all sandwiches will be individually wrapped and in a ready-to-eat status
- No cooking/reheating/hot-holding: all sandwiches warmed for immediate service
- No thawing or cooling
- No Direct Hand Contact
- No Further Preparation – no further handling or preparation
- Employee Food Safety Training: all Starbucks stores have at least one qualified Food Operator. When the QFO is not on duty, an alternate QFO will be in charge. All store employees must participate in the Warming Program store meeting where they will be trained on food safety by the QFO.
- Sandwiches will be stored in a dedicated refrigerator until the customer orders the sandwich.
Glen Harrington questioned how the employees will know when the product has expired, and wanted to know how Starbucks codes the expiration date.
Glenn Santos moved that the BOH approve the plan for the Starbucks proposed food service expansion with the stipulation that Starbucks provides to the BOH a copy of their protocol for identifying the expiration dates. Steven Ball seconded the motion. All approved.
6. Septic Permit Extension Requests – 139 Tide Run and 24 Waterline Drive North
Glenn Santos moved that the Board continue consideration of the request for septic permit extensions at 139 Tide Run and 24 Waterline Drive North until information is received as to the reason for the request, as well as the timeframe on completion of the septic installations. Steven Ball seconded the motion. All approved.
7. BOH Recycling Meeting with Trash Haulers – 4/25/07
The first joint BOH-Trash Haulers meeting was held at the BOH meeting on Wednesday, January 24, 2007. At the conclusion of that discussion, it was agreed by all to reconvene on April 25, 2007 to continue dialogue on how best to revamp the current recycling regulations in order to meet a common goal of improving the recycling services offered in Mashpee. Glenn Santos noted that nothing of substance has been done since the first meeting held on January 24, 2007, and suggested that the second meeting be postponed until the BOH meeting on May 23, 2007. Glen Harrington suggested having a meeting early in May with the BOH to devise some sort of game plan prior to the joint meeting on 5/23/07. The Board members agreed to this suggestion.
DISCUSSION
1. Re: the Weinstein Case Court Against the BOH - FYI
Glen Harrington reported that regarding the Weinstein court case against the BOH, the first Judge’s decision went against Mr. Weinstein, so he appealed to the Appellate Court. The Appellate Court dismissed the case.
2. Letter from Paul Nachtwey, Esq.
Glen Harrington distributed copies of a letter received from Paul Nachtwey, Esq., representing the owner and operator of Lakeside Estates located at 300 Nathan Ellis Highway in Mashpee. Mr. Nachtwey states in his letter that there is a serious issue with the statutory license fee being assessed to Lakeside Estates, the problem being that the Board of Selectmen records do not reveal that a vote of the Board of Selectmen to assess Lakeside Estates the $12.00 per unit fee was ever taken and approved. He therefore claims that the Town of Mashpee has illegally assessed Lakeside Estates an additional $6.00 per unit since December 1992, or for the past 14 years and 4 months. Mr. Nachtwey’s letter is demanding that the Town of Mashpee refund to Lakeside Estates the illegally overcharged fees that have been collected in excess
of the $6.00 monthly fee the statute allows, which amount to $95,976.00.
Glen Harrington stated that in letters from the Selectmen’s Office to the BOH dated 3/05/76, and 11/10/82, it states that the Board of Selectmen voted to increase the license fees for mobile homes from $9.00 to $12.00 per month, effective 1/01/77, and 1/01/83, respectively. Glen Harrington further stated that Lakeside Estates is in the arrears for Use Taxes in the amounts of $3,312 for 2005, and $6,624 for 2006. No permit has been issued for 2007 for the operation of the Lakeside Estates, which means that Lakeside Estates is essentially in violation of operating without a permit. The BOH is in a position to issue fines of $100 per day. In a letter dated 1/23/07, the BOH put Mr. Nachtwey on notice that Lakeside Estates may be fined $100 per day for operating without a permit.
Glenn Santos made a motion that the BOH put Lakeside Estates on the agenda. Steven Ball seconded the motion. All approved.
3. Lakeside Estates
Glen Harrington explained that although they may be paid directly to the Town Clerk, Use Taxes have always been paid through the Board of Health. The tax payment is due the 10th day of each month. Glen Harrington stated that Lakeside Estates has never paid monthly, but has paid every 4 months, which is in violation of the state law which is cause for revocation of their license.
Glenn Santos made a motion that the BOH send a certified letter to Mr. Nachtwey, stating that fines of $100 per day would be issued beginning seven days from receipt of the letter, for failure to pay back-owed license fees, and for operating without a license. Steven Ball seconded the motion. All approved.
The next meeting of the Board of Health is scheduled for Wednesday, April 25, 2007, at 7:00 PM in Town Hall, Conference Room 1. As there was no further business, the meeting was adjourned at 8:05 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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