TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, June 25, 2008
Board Members Present: Also Present:
Lucy B. Burton, Chairman Glen Harrington, Health Agent
Burton Kaplan, Clerk
Kalliope Egloff
Chairman Lucy Burton called the meeting to order at 7:13 PM.
APPOINTMENTS
7:15 PM – MEZ Realty, Inc. – Lakeside Estates
Mr. William Haney, owner of the Lakeside Estates, introduced himself to the Board. Mr. Haney stated that he was requesting the Board to amend its decision of May 14, 2008 which required the dumpsters located at Lakeside Estates to be enclosed by a fence. Mr. Haney stated that he had moved the dumpsters across the street onto the Lakeside Estates property, and had placed them on a concrete slab. Mr, Haney requested that the 3 dumpsters be enclosed around three sides, leaving the front side open, in order to avoid having to erect a 42 ft. long entry gate. Mr. Haney also stated that if the dumpsters are completely enclosed, people will be leaving garbage outside the fence.
Glen Harrington reviewed for the Board the history of the Lakeside Estates Nuisance Violation.
- On 2/08/08 the BOH received a complaint re: overflow of dumpsters at Lakeside Trailer Park, and a BOH inspection was conducted at the site that day.
- On 2/14/08 an order letter was sent out to Matt Haney, Manager at Lakeside Estates, which was received on 2/20/08, requesting that the nuisance be mitigated, along with the following 5 other requirements to take care of the dumpsters:
1. A concrete slab shall be constructed on which the dumpsters would be placed. The slab should allow a sanitary, non-absorbing surface where spills would not impact the environment.
2. A locked fence enclosure around the dumpsters shall be provided to mitigate wind-blown trash. Keys to the lock may be provided to park occupants only, to mitigate illegal dumping.
3. A copy of an executed contract with a Mashpee-licensed refuse hauler shall be provided that indicates an increase in weekly services or number of dumpsters.
4. A licensed pest control company shall be contracted to mitigate the report of rats and mice in and around the dumpsters and to reduce the potential for spread of disease.
5. As the volume of refuse appears to be a problem, recycling bins shall be provided to reduce the amount of refuse disposed of from the Park. Containers for mixed paper, #1 and #2 plastics, mixed color glass and tin cans shall be provided sufficient for occupants of the park, in a sanitary manner as prescribed in items #1 and #2 above.
The Order letter gave Mr. Haney 30 days to comply with the requirements.
- On 2/13/08, 2/25/08, and 3/03/08, BOH re-inspections were conducted.
- On 3/11/08 a BOH letter to Mr. Haney reiterated the 3/20/08 deadline to comply with the previous Order Letter. Mr. Haney called the BOH after receipt of the letter and said the work could not be done until spring. Mr. Haney was told to request in writing an extension of time to complete the items in the 2/14/08 BOH Order Letter.
- On 3/19/08 a BOH inspection observed the dumpsters to be open. Mr. Harrington called Mr. Haney that day to remind him that the BOH required a request in writing for extension of time to complete the required work.
- On 3/21/08 a letter was received from Lakeside Estates stating that they would comply with the Order Letter items when the weather permits.
- On 3/26/08 at the BOH meeting, the Board voted to fine the Lakeside Estates $500 per day for failing to comply with the Order Letter of 2/14/08. The Board voted to file a complaint with the Court if no work was done by 5/01/08.
- On 5/14/08, at a BOH meeting, the Board approved a motion that Mr. Haney must have the 3 dumpsters moved to a BOH-approved location on the Lakeside Trailer Park site by 5/26/08, with 45 days to correct all 5 nuisance items outlined in the 2/14/08 BOH letter, and the $500 per day fine was suspended as of 5/14/08. If all nuisance items were not corrected within the 45-day period, the $500 per day fine would be resumed.
Lucy Burton asked Mr. Haney if any of the 5 requirements in the 2/14/08 Order Letter had been met. Mr. Haney stated that he had moved the dumpsters to a BOH approved location and had placed them on a concrete slab. The other four requirements he had not met. He had not met item #2, and was here tonight to appeal the Board’s requirement for the locked fence. He had not met #3 because he was checking the garbage each day and felt it was not necessary to increase the trash services or the number of dumpsters. He had not met #4, because he felt there was no rat problem.
He had not met #5, and gave no reason.
After reviewing the above facts of the case, Burton Kaplan made a motion to deny Mr. Haney’s request not to be required to enclose the dumpsters on all four sides, with a locked gate, and that if all 5 conditions listed in the 2/14/08 Order Letter were not met within the next 2 days, by 6/27/08, the $500 per day fines will be reinstated, retroactive to June 14, 2008. Lucy Burton seconded the motion. All approved.
7:30 PM – John Doyle, PLS – 112 Uncle Percy’s Road
John Doyle, representing the new owners of 112 Uncle Percy’s Road, introduced himself to the Board. Mr. Doyle stated that per the request of the BOH at the 6/11/08 meeting, he was presenting plans along with a cover letter, both of which listed two variance requests. The cover letter also stated that the property was on town water, and that there were no wells on the property. Mr. Doyle also stated that Glen Harrington had been concerned about the setback for groundwater, and that the plans had been adjusted up 1 ½ feet, up to 3 ft. above the ground water.
Glen Harrington stated that he required a copy of the floor plan from the owners in order to verify the number of bedrooms.
Burton Kaplan made a motion to approve the two variance requests for 112 Uncle Percy’s Road, subject to receipt of floor plans from the owner giving verification that it is a 3-bedroom dwelling, as well as uplift calculations, and vinyl membrane to be installed at the 5’ stripout. Lucy Burton seconded the motion. All approved.
NEW BUSINESS
1. Board Reorganization.
Lucy Burton made a motion to name Kalliope Egloff Clerk of the Board of Health. Burton Kaplan seconded the motion. All approved
Lucy Burton made a motion to name Burton Kaplan Co-Chairman of the Board of Health. Kalliope Egloff seconded the motion. All approved.
2. Sign Warrants. The Board members signed the warrants.
3. Approve Public Session minutes from the BOH meeting of 6/11/08.
Page 4, under 7. Review of Food Code Violation, line 1, change Operating at to operating a
Page 6, under 3. Food Service “Take out”/Take Away, delete the third paragraph beginning with Burton Kaplan and ending with All approved.
A motion was made, seconded and passed to approve as amended the minutes from the meeting of Wednesday, June 11, 2008.
4. Request for Temporary Food Permits: Mashpee Picnic/Fireworks – 3 Vendors
A motion was made, seconded and passed to approve the Temporary Food Permit application from The Boston Chowder Company for the Mashpee Picnic on 7/01/08, subject to receipt of proof of Serv Safe Certification for least one individual with the Company, and to approve the Temporary Food Permit applications for the Mashpee Picnic on 7/01/08 from Zoe’s Pizza and Vito Marotta, both of whom are Serv Safe Certified. Approval of all three applications is subject to BOH inspection prior to the event.
5. Request for Review & Signature of Landfill Monitoring Contract
Glen Harrington stated that the BOH was waiting for Horsley Witten Group to prepare a separate scope of work to install the two damaged wells. Horsley Witten was waiting to receive a requirement letter from the DEP confirming the need for repair of the two wells, and that has not yet been received. Once the DEP confirms the need for the repair, Glen Harrington will go back to the Finance Committee to ask for funds for the repair work. Glen Harrington stated that he will get two additional bids for the work, one from Weston & Sampson and one from Woodart & Curran.
6. MWITC POW-WOW – July 4, 5, 6, 2008
Glen Harrington stated that Milton Hendricks is the Serv Safe Certified person in charge of the event. Glen Harrington reported that all power supplies have been increased this year for the event. Food being served is packed in ice, and the ice trucks will be on the premises early each day of the event.
Lucy Burton made a motion to approve the following applications to operate a temporary food concession stand for the MWITC Pow Wow on July 4th through July 6th with the condition that a Health Agent conducts an inspection on each day of the event:
Sonya Avant-Sanders, Vernon M. Pocknett, Vanessa Mendes, Mashpee Memorial Ladies Auxiliary, Tiffany Mendes, Glenn Marshall, Geraldine Hicks, Milton Frye, and Cecelia Gomes. Burton Kaplan seconded the motion. All approved.
7. Asia Restaurant – Request for 2008 Food Establishment Permit
Glen Harrington reported that the manager is Serv Safe Certified. Veronica Warden, Assistant Health Officer, inspected the premises today and found everything to be in order, with all new equipment. A copy of the menu has been provided. Mr. Joell Joao Junqueira, with CapeWide Enterprises, designer of the restaurant, introduced himself to the Board, and stated that he planned a June 26, 2008 opening.
Lucy Burton made a motion to approve the Asia Restaurant request for a 2008 Food Establishment Permit, pending BOH inspection prior to opening. Kalliope Egloff seconded the motion. All approved.
OLD BUSINESS
1. Review of Cease and Desist Order: Tinder Box Internationale
John Beigel introduced himself to the Board as co-owner, along with his wife Natalie, of Tinder Box Internationale. Mr. Beigel proceeded to give a 30-minute slide presentation on the ten-year history of the Tinder Box Smoke Shop and his efforts to keep the tobacco smoke from seeping into other abutting stores in Mashpee Commons. Mr. Beigel summarized his position by saying that he is a victim of contractors who have been assuring him over the years that the heating, ventilation, and air conditioning systems were set and running properly, when, in fact, they have not.
In May 2008 Mr. Beigel hired a licensed mechanical engineer with Bristol Engineering, Greg Lynch, to assess the problem. Mr. Beigel stated that Mr. Lynch found that the filters in both HVAC systems for Puritan, the abutting store, and Tinder Box, were clogged with soot and debris. Holes in the walls and ceiling areas of the Tinder Box that went directly to Puritan were also found.
Mr. Lynch introduced himself to the Board. He stated that he has designed a new air control system and has laid out plans to clean and refurbish the interior of the Tinder Box Smoke Shop. Mr. Lynch’s plans and specifications include the location of the intake and exhaust for both Puritan and The Smoke Shop. Mr. Lynch understands that it is critical that both Puritan and the Smoke Shop HVAC units are taking in 10% fresh air.
Glen Harrington stated that he did not have enough information to allow the smoking room to reopen. The BOH members agreed that more time was needed to finalize an agreement on air quality monitoring and the State Division of Occupational Safety to sign off on the plan before approving the reopening of Tinder Box. Glen Harrington agreed to meet with Greg Lynch in the coming weeks before the next BOH meeting. John Beigel stated that he would call Glen Harrington to set up the meetings.
2. VCMAR Realty Trust – Industrial Tight Tank Violation
Glen Harrington stated that he had spoken to Town Counsel and was requested to hold off on any decision. Discussion will be continued to the next BOH meeting.
3. 184-186 Quiniquisset - FYI
Glen Harrington stated that he had not heard back from Willowbend as to who is the owner of 184-186 Quiniquisset.
DISCUSSION
1. DRAFT Food Service “Take-Out/Take-Away” or “Ready-To-Eat” Regulation
Glen Harrington stated that he had not yet had time to get opinions from Mashpee vendors regarding the Regulation.
The newspaper report on the Regulation contained errors, which will be re-posted.
Kalliope Egloff felt that definitions of Take-Out and Take-Away should be included in the regulation. She also questioned whether the regulation should apply from Dunkin Donuts to Heather restaurant. Lucy Burton stated that the regulation would apply to all restaurants, from to-go sandwiches to take-home leftovers, the intention being to let customers know how long food is safe to eat, with time labels stating the expiration based on whether it has been refrigerated or not.
Glen Harrington will incorporate the suggested changes and present the amended draft for approval at the next BOH meeting.
2. Algae Bloom Found in John’s Pond
Glen Harrington stated that Algae Bloom has been reported in John’s Pond. He stated that warning signs have been posted at the pond advising residents not to swim in the water unless the visibility is at least 18 inches, so that if an averaged-sized adult is standing in water up to his knees, his feet should be visible. The visibility warning is based on the fact that wind can blow the algae around to different areas of the pond, so while the plant matter can build up on one side of the pond, other areas in the same pond can be completely clear and safe. Glen Harrington stated that Rick York, Shellfish Constable, has not yet had time to test the algae for toxicity. The BOH will notify Leisure Services of the presence of algae bloom at the pond.
The next meeting of the BOH is scheduled for Wednesday, July 9, 2008, at 7:00 PM, Town Hall. As there was no further business, the meeting was adjourned at 9:40 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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