TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, March 12, 2008
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Glenn Santos, Vice Chairman
Burton Kaplan
Chairman Lucy Burton called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM – Lynda C. Costa – Medical Reserve Corp. Coordinator
Lynda Costa introduced herself to the Board as the Volunteer Coordinator for the Medical Reserve Corp. (MRC). Lynda stated that the MRC is now a part of the Barnstable County Dept. of Health and Environment. Lynda stated that she has been working on getting the existing volunteers reactivated and interested again. She is also responsible for coordinating training sessions for the MRC volunteers. There is a volunteer training session scheduled for March 18, 2008 from 1 to 3 PM.
The plan is for each Town to set up a MRC Executive Committee, which will oversee the volunteer program. This Executive Committee will be set up by the Board of Selectmen. A Health Agents Committee will be formed as well, acting as an Advisory Committee. The MRC will be a source for volunteers for the Mashpee Flu Clinics.
Glen Harrington recommended that Dr. Lewis Mantel be contacted with the MRC information update provided by Lynda Costa, as Dr. Mantel was instrumental in spearheading the MRC program implementation. Glenn Santos recommended that the Mashpee Enterprise be informed about the current MRC activity, as well as arranging for an MRC information table to be set up at Town Meeting.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Board Reorganization.
Lucy Burton made a motion that Burton Kaplan be appointed as Clerk of the Board of Health. Glenn Santos seconded the motion. All approved.
3. Approve Public Session Minutes of 2/27/08, and Executive Session Minutes of 11/22/06, 01/10/07, 5/09/07 and 6/13/07.
Public Session Minutes of 2/27/08. The following corrections were made to the 2/27/08 Public Session minutes:
- Page 4, 4. Board Review of Nuisance Violation, 105 CMR 410.600 (C), sentence 3, delete the words “does not allow” and replace with the word “allows”.
- Page 4, last paragraph, insert the following sentence at the beginning of the paragraph: “A letter went out to Mr. William Haney outlining the above 5 requirements to be met by March 12, 2008.”
The Board unanimously approved as corrected the Public Session minutes of 2/27/08.
Executive Session Minutes of 11/22/06. The following correction was made to the 11/22/06 minutes:
- Page 1, last sentence, delete the word “that” after the words “The new system will be completed.”
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The Board unanimously approved as corrected the Executive Session minutes of 11/22/06.
Executive Session Minutes of 01/10/07. The following correction was made to the Executive Session minutes of 01/10/07:
- Page 2, second paragraph, Glen Harrington, line 2, strike the words “to give them” and end the sentence after the word decision.
The Board unanimously approved as corrected the Executive Session minutes of 01/10/07.
Executive Session Minutes of 05/09/07 and 06/13/07. The Board unanimously approved as submitted the Executive Session minutes of 05/09/07 and 06/13/07.
4. BOH Review of Kennel Permit Request – Seashore Kennels, 171 Falmouth/Sandwich Road - Charlene & Richard Pelley
Glen Harrington commented that the Pelleys are currently $1500-plus in arrears on their Mashpee taxes. Therefore, the Town Clerk cannot issue them a kennel license at this time. Also, the Pelleys are in violation of zoning regulations. They are in a residential zone which limits kennels to no more than 10 dogs. The Pelleys currently have 21 dogs. Glen Harrington stated that the kennels were inspected and that no problems were found. Glen Harrington stated further that the Pelleys had been cited earlier by the State as bringing dogs in from out of State, reselling them and acting as a pet shop. This citation has since been cleared up. The Pelleys have pulled their application for a site plan review until they clear up their zoning problem.
Glenn Santos made a motion that the BOH send a registered letter to the Pelleys ordering them to come into compliance with the BOH kennel zoning regulation within 30 days of receipt of the letter, by reducing the number of their kennel dogs to no more than l0. Burton Kaplan seconded the motion. All approved.
5. Request for 2008 Food Establishment Permit: Cupcake Charlie’s – 28 North Street, Mashpee Commons – Penny and Daniel Lessa, Owners.
Glen Harrington commented that both Penny and Daniel Lessa are signed up for Serv Safe training. The BOH will need a copy of the menu. The floor plan has been received.
Glenn Santos made a motion to approve the Food Establishment permit for Cupcake Charlie’s to be located at 28 North Street, contingent upon receipt of proof of Serv Safe Certification for Penny and Daniel Lessa, a copy of the menu, and BOH inspection prior to the opening of the shop. Burton Kaplan seconded the motion. All approved.
6. Request for Title V Disposal Works Construction Permit Extension: 419 Monomoscoy Road.
Glen Harrington commented that the Title V plans were received on 5/23/05 with an application, and BOH sent back a request on 7/13/05 for additional information. No information was ever received, and the permit was not approved.
Burton Kaplan made a motion to grant the request for extension of the Title V Disposal Works Construction Permit to 7/08/09. Lucy Burton seconded the motion. Glenn Santos opposed. The motion was passed.
OLD BUSINESS
Lakeside Trailer Park. Glenn Santos asked about the status of the order issued by the BOH at the 2/27/08 meeting, that the 5 mitigating condition requirements outlined in a letter to Mr. Haney dated 2/14/08 be implemented by 3/12/08. Glen Harrington reported receipt of a phone call today from Mr. Matt Haney requesting an extension to meet these requirements. Glen Harrington stated that Matt Haney reported that he had talked to a fencing contractor who said he would not be able to get to the fencing project until spring. Glen Harrington reported that he went to the Trailer Park today and found wind-blown trash, and all the dumpsters were open.
Glenn Santos made a motion that Lakeside Trailer Park be fined $500 per day until all the specified violations have been corrected, effective tomorrow, March 13, 2008. Lucy Burton seconded the motion. All approved.
Glen Harrington will notify Mr. Haney in writing of this BOH decision.
DISCUSSION
1. Policy on Food Handler Training. Glen Harrington stated that he had been involved in a Town of Barnstable 2002 regulation regarding policies for food sanitation certification training and for issuance of non-criminal ticket violations, and had asked the BOH to review the policy with an eye toward adoption of such a policy by the Mashpee BOH. The policy had a 2 ½ hour requirement for food handlers to train all their food handler employees. The upside of this policy was that food handlers were passing on the required information to all their staff. The downside of this policy is the enormous amount of administrative paperwork involved by the BOH to keep track of all these employees to ensure they are following the training requirement. The policy involved two people per shift per food
establishment. When the Serv Safe certification program was introduced, it seemed a better and less burdensome way to ensure food handler training by all restaurant staff who are food handlers. Glen Harrington therefore asked that discussion of the Barnstable policy be tabled regarding adoption by the Mashpee BOH of the Barnstable policy on food handler training.
2. Bodyworks Regulation Draft. Glen Harrington stated that the State has taken over the licensing and inspection of massage therapists and massage facilities. Glen Harrington distributed a list of fourteen disciplines not licensed as massage therapy that are being conducted in some massage therapy facilities. These disciplines are not inspected or licensed by the State.
Glen Harrington is recommending that the BOH regulate individuals practicing any disciplines which involving placing their hands on the patients, whether they are clothed or unclothed. The following disciplines meet this criteria:
“Trager Approach; Ayurvedic Therapies; Rolf Structural Integration; Reflexology; Polarity Therapy Bodywork; Asian Bodywork Therapy; Acupressure; Jin Shin Di; Qi Gong; Tui Na; Shiatsu; and Reiki.
Glen Harrington recommended that these disciplines be incorporated into a new BOH Bodyworks Regulation, and stated that he will work on a draft of such a regulation for the BOH review. Much of the existing massage therapy regulation would be incorporated into the new Bodyworks Regulation.
3. Hingham Food Inspection Policy. Lucy Burton stated that she had requested from the Hingham Health Agent a copy of the Hingham Food Inspection Policies. Lucy Burton commented that Hingham has a very tough inspection policy.
Lucy Burton stated that one of the things she has pushed for in the past is some sort of a rating system, a restaurant report card, a way to put food inspections on the website, a way to make the restaurant establishment more responsive, whether it is a list that they want to be on that is less punitive and more of a reward system, like restaurants that have scored very high, that are very clean places. The idea would be that the BOH wants to work with the restaurants rather than only being punitive. By the time violations get to the BOH, it is late and it is critical. In addition, different inspectors see a different set of conditions regarding what constitutes a critical violation. Lucy had in the past suggested a rating system that would post ratings on restaurant doors, i.e., A, B, C, for public information. This will encourage restaurants to work harder to earn an A rating.
Glen Harrington commented that the good thing about a proposed food inspection regulation is that the enforcement policies are pre-set so that Health Agents and restauranteurs all know the rules and regulations.
Glen Harrington stated that he and Veronica Warden will think about the idea and come up with some ideas for the body and content of a regulation with which the Board would feel comfortable. The Board agreed to continue discussion of the rating system at the 04/09/08 meeting.
4. BOH Budget Summary. Glen Harrington stated that the BOH budget for the coming year has been cut by $1000. Glen Harrington will provide the Board with a memo regarding the items that were eliminated from the budget.
The next meeting of the BOH is scheduled for Wednesday, March 26, 2008. As there was no further business the meeting was adjourned at 9:10 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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