TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, May 28, 2008
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Burton Kaplan, Clerk
Chairman Lucy Burton called the meeting to order at 7:10 PM.
APPOINTMENTS
7:00 PM - Deb Patellos, RN - Cape & Islands BOH Emergency Operations Plans
Deborah Patellos, RN, introduced herself to the Board. Ms. Patellos stated that public health emergency response planning programs have expanded far beyond Avian Flu and anthrax to include the natural spread of infectious diseases, natural disasters, and other emergencies. As a result, Ms. Patellos was contracted by Barnstable County to develop a public health emergency plan that applies to all 23 towns on Cape Cod and the Islands, as well as detailed town-by-town information on what facilities will be used during emergencies and the names and contact information for responders involved. On a regional level, the 23 towns on Cape Cod and the Islands now have consistent plans and clear lines of inter-municipal communication. Ms. Patellos stated that the project began 4 years ago, and she and four other RN’s under
contract with the county Dept. of Health and Environment to develop the plan, have been meeting with Glen Harrington almost monthly.
The final plan, contained in a massive binder, includes the following sections:
1. Emergency Management
2. All Incident Response
3. Infectious Disease Response
4. Chemical Radiological Response
5. Natural Disaster Response
6. Manmade Hazards Response (Power Outages, floods, etc)
7. Behavioral Health
Ms. Patellos stated that it is a living document that will be updated annually as the plans develop, personnel turnover, and the infrastructure changes. Local health agents will be responsible for updating local information. FY ’08 goals include communication drills and exercises, volunteer recruitment, and updated FY ’08 deliverables for MDHC.
7:30 PM - George Benway, 12 Popponesset Island Road
George Benway introduced himself to the Board as owner of the property at 12 Popponesset Island Road. Mr. Benway stated that he and his sister have a four month period of time to finish the new home they are building on Monomoscoy Road and move out of the house at 12 Popponesset Island Rd. by 11/01/08. On 11/01/08 the house at 12 Popponesset Island Rd. becomes uninhabitable.
Glen Harrington stated that Cape & Islands had submitted a plan to the BOH for a 3 bedroom house to be built on the property at 12 Popponesset Island Rd. George Benway stated that this is an interim plan to cover the period up to 11/01/08.
Glen Harrington stated that he would need to see a new plan submitted by the buyer of the 12 Popponesset Island Rd. property that would be applicable to the period following 11/01/08, as the BOH needs to know what the buyer plans to build.
Sean Eagan introduced himself to the Board as representing the buyer. He stated that the buyer intends to draft new plans for the house he plans to build. Mr. Warren Fields then introduced himself to the Board as buyer of the property. He agreed to have plans for the proposed new house at 12 Popponesset Island Rd. available to the BOH by Nov. 1, 2008.
Lucy Burton asked that in the Septic agreement, Section I, Obligation to Upgrade, page 2, the first underlined inserted sentence be deleted.
Burton Kaplan made a motion to approve the proposed septic agreement subject to the deletion of the first underlined inserted sentence in Section 1, Obligation to Upgrade, page 2. Lucy Burton seconded the motion. All approved.
7:45 PM – Ron Gangemi - 20 Wheeler Road - Irrigation Well Variance
Mr. Gangemi was not in attendance. Glen Harrington stated that Mr.Gangemi planned to install an irrigation well behind the garage at 20 Wheeler Road, 200 ft. from the road, 500 ft. from the water.
Lucy Burton made a motion to approve the variance request to install an irrigation well at 20 Wheeler Road. Burton Kaplan seconded the motion. All approved.
8:00 PM – Cape & Islands Engineering - Nitrogen Aggregate Plan, Lakeview Dr.
John Slavinsky from Cape & Islands Engineering, introduced himself to the Board. Mr. Slavinsky presented the nitrogen aggregate plan for Lakeview Drive.
Glen Harrington stated that he had no problems with the plan as presented.
Lucy Burton made a motion to approve the nitrogen aggregate plan for Lakeview Drive as presented by Cape & Engineering with the condition that it is registered with the Barnstable County Registry of Deeds, and has DEP approval. Burton Kaplan seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approval of Public Session Minutes – continued to the next BOH meeting.
3. Request for 2008 Mobile Food Establishment Permit: My Ice Cream Lady, Victoria and Michael Clement
Lucy Burton stated that there is no information regarding where My Ice Cream Lady will be located, what is being served, whether there is a Serv Safe certificate, and whether there will be a freezer cart or cooler.
Burton Kaplan made a motion to continue the food establishment permit request approval until additional required information is made available. Lucy Burton seconded the motion. All approved.
4. Request for Temporary Food Establishment Permit: Mashpee Commons Bridal Show – 5 Vendors – Bleu, Cupcake Charlie, Chef Ralph, Tea Shoppe, The Mad Platter.
Lucy Burton made a motion to deny Cupcake Charlie a temporary food establishment permit until he is officially open and has a 2008 Food Permit in hand. Burton Kaplan seconded the motion. All approved.
Lucy Burton made a motion to approve the Temporary Food Establishment Permit requests from the Tea Shoppe, Bleu, Eat your Heart Out Catering, and The Mad Platter for Sunday, June 1st, pending follow-up and review by Glen Harrington and inspection by the BOH on the day of the event. Burton Kaplan seconded the motion. All approved.
5. Request for Temporary Food Establishment Permit: Night of 100 Wines, 5 Vendors – Heather, Carbo’s, Bobby Byrne’s, Ninety Nine, Sopranos
Lucy Burton made a motion to waive the permit fee for the Mashpee Chamber of Commerce Night of 100 Wines event. Burton Kaplan seconded the motion. All approved.
Regarding Heather, Lucy Burton inquired about what kind of hors d’oeuvres would be served, how appropriate food temperatures would be maintained, and what kind of hand sanitizer would be used.
Lucy Burton made a motion to approve the Temporary Food Establishment Permits for the vendors Heather, Bobby Byrne’s, Ninety Nine, Sopranos, and Carbo’s subject to Health Agent follow-up with Heather and BOH inspection prior to the event on June 7th, the day of the event. Burton Kaplan seconded the motion. All approved.
6. Request for 2008 Food Establishment Permit: Emack & Bolios, 34 South Street, South Cape Village
Glen Harrington stated that this is a new location for the Emack & Bolios located at the Popponesset Market Place.
Burton Kaplan made a motion to approve the request for a 2008 Food Establishment Permit for Seasonal Enterprises, DBA/Emack & Bolios, 34 South Street, South Cape Village, pending BOH inspection prior to opening. Lucy Burton seconded the motion. All approved.
OLD BUSINESS
1. Review of Formal Nuisance Complaint: Puritan Clothing
Glen Harrington stated that in June 2005, the BOH began receiving complaints regarding smoke entering abutting Tinder Box Smoke Shop establishments (Black & White, and Puritan). In February, 2008, Puritan submitted a formal nuisance complaint request. There have been several attempts to seal the HVAC system over the years to combat the problem, without success. Glen Harrington stated that the only way to prove that there is a nuisance factor is to prove that there is a potential for harm, and the only way to prove that there is potential for harm is to conduct a quantitative analysis done of air sampling. Glen Harrington called the MA. Dept of Health and Occupational Safety who conducted an analysis in March and May 2008 and produced a report addressed to Puritan. The report found that there was tobacco
smoke exposure in the abutting business establishments to the Tinder Box Smoke Shop.
Natalie Beigel, owner of the Tinder Box Smoke Shop, introduced herself to the Board. She stated that she has been trying over the past several years to figure out how to fix the problem. She met with John Renz and the Mashpee Commons management, who suggested Ms. Beigel call Bristol Engineering Corporation. Greg Lynch, with Bristol Engineering, came up with an exhaust system design which he says is guaranteed to remedy the problem. Glen Harrington advised Ms. Beigel to talk to the Mashpee Building Dept. before going forward with installation of the suggested exhaust system installation at a cost of $10,000 or more. If the system does not cure the problem, the Beigels will have invested the money to no avail. Ms. Beigel said the smoking room draws a substantial amount of her business, and she held
strong to her plan to fix the problem and keep the smoking room.
Glen Harrington stated that until the problem is resolved, people are still being exposed to second hand smoke, and therefore the Tinder Box Smoke Shop needs to take the responsibility for the health and safety of the public and close the Smoke Shop smoking room.
Lucy B. Burton made a motion to issue a cease and desist order effective immediately on the smoking room until the next BOH meeting, when specific conditions to the room being re-opened will be debated further. The Tinder Box Smoke Shop failure to comply will result in loss of permit. Burton Kaplan seconded the motion. All approved.
2. John’s Pond Realty Trust, 401 Rt. 151 – Board of Health Septic Violation
Glen Harrington stated that a letter had been sent to the new owner, Mr. Marino, stating the requirements for the Tight Tank installation for the beauty salon on the premises. Glen Harrington was unaware of any response having been received from Mr. Marino.
The Board recommended that Glen Harrington advance all information regarding the case to Town Counsel.
DISCUSSION
1. DRAFT Food Service “Take-Out/Take Away’ or “Ready-To-Eat” Regulation
Glen Harrington presented a revised draft to the Board for their consideration. Lucy Burton recommended that a stamp be placed on take out food stating that it should be consumed within 2 hours, discarded within 4 hours. Glen Harrington will circulate the draft to local food establishments for their comments and recommendations on the draft.
2. DRAFT Food Inspection & Enforcement Regulation
Glen Harrington presented the draft with prior BOH recommended changes.
Lucy Burton made a motion to approve the Food Inspection & Enforcement Regulation draft with the incorporated changes. Burton Kaplan seconded the motion. All approved.
3. DRAFT Body Works Regulation
Glen Harrington stated that he had made changes to the draft and will review with the Board at the next BOH meeting on June 11, 2008.
4. Refuse Container Regulation
Section II, PENALTIES, should be labeled Section III. An additional Section IV, Severability, containing legal language should be added to the regulation.
5. Glenn Santos Retirement Announced
Lucy Burton announced that Glenn Santos, who has served on the BOH for the past eight years, has tendered his resignation. Lucy expressed sincere thanks to Glenn for his hard work and dedication to the Board, stating that his presence is already being missed.
As there was no further business, the meeting was adjourned at 9:35 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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