TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, July 9, 2008
Board Members Present: Also Present:
Lucy B. Burton, Chairman Glen Harrington, Health Agent
Burton Kaplan, Vice Chairman
Kalliope Egloff, Clerk
Chairman Lucy Burton called the meeting to order at 7:06 PM.
APPOINTMENTS
7:15 PM – Public Hearing – DRAFT Food Services “Take-Out/Take-Away“ or “Ready-to-Eat” Regulation
Lucy Burton welcomed to the BOH Public Hearing a group of about a dozen representatives from local restaurants and food vendors. Lucy Burton stated that the proposed BOH regulation was still very much in draft form and was something that the Board had been discussing for the past year. Lucy Burton stated further that the purpose of the regulation was simply to educate consumers about food safety if they were to purchase a food item, either a take-out item or take-away leftovers from a meal eaten at a restaurant, so that they would know how long that item would be safe out of temperature control before it needed to be refrigerated. The BOH is recommending that a sticker or some sort of writing on the packaging be used to indicate the time and date of removal from temperature control, the time it was sold, and a
recommendation to eat within two hours or refrigerate within four hours. Lucy Burton stated that the Board was hoping to get input from the local food establishments and welcomed their ideas and thoughts about the proposed regulation.
Burton Kaplan made the following amendment to the draft: Page 1, paragraph 1, line 2, delete the words to be adopted.
Michael Flaherty, General Manager of The Roche Brothers location in Mashpee, introduced himself and asked why the regulation would have a requirement for specific time and temperature notification of when the food was prepared, knowing that Roche Brothers has no control over the product once it leaves his establishment. Lucy Burton replied that an informative sticker would inform the consumer of the time and date it was prepared and would recommend refrigeration within four hours if not consumed. Mr. Flaherty stated that Roche Brothers is liable for what they are in control of in the store, not after it leaves the store.
Philip Panasci, owner of Pizza Prima, introduced himself to the Board. He stated that the regulation would translate into the equivalent of doubling his rent or utilities costs. He stated that it would add a whole new layer of overhead to small business establishments that are already struggling in the current economic climate. Under the proposal, the eateries would have to clearly label every package of food that goes out the door with the date of preparation and the time of sale, as well as a reminder of when to refrigerate the food.
Joyce Lyons, owner of The Picnic Box at the Mashpee Rotary, introduced herself to the Board, and stated that her small staff would not have the time to keep up with the labeling requirement.
Two representatives of the Super Stop & Shop in Mashpee, Rachel Hodge and Dave Ryan, introduced themselves to the Board, and stated that the regulation would pose an enormous staffing problem for its salad bar and the 700 to 800 to-go sandwiches the grocery store sells each week.
Graham C. Silliman, owner of the Siena Restaurant, introduced himself to the Board. Mr. Silliman compared the suggested sticker to similar warnings on many consumer products, stating that this would be just one more thing in fine print that no one reads. Mr. Silliman stated further that Siena prepares all food at the time of the order, and the time and date labels would not offer customers any new information.
Aiden Molloy, a Manager at The Mashpee Ninety Nine Restaurant, introduced himself to the Board. Mr. Molloy questioned whether it should be the responsibility of the restaurant to educate consumers about food safety. Mr. Molloy also brought up a liability issue: is The Ninety Nine responsible for someone who gets sick after eating take-away food if the customer has followed all the directions on the sticker? Does this increase the restaurant’s liability?
Dino Mitrokostas, representing Dino’s Sports Bar and Restaurant, introduced himself to the Board. Dino questioned why the BOH waited for a year to include the local restauranteurs in the consideration of the proposed regulation, and criticized the Board for giving notification of the hearing just one day before the event. Dino stated further that his establishment, which has been doing the same thing for the past 40 years, preparing food and sending it out, would now be required to put an informative sticker on every single pizza box that goes out.
The general concensus among the restauranteurs and vendors present was that the proposed regulation would be a cost burden, a logistical nightmare, and an unnecessary hoop to jump through for them, and that it was not their responsibility to educate the consumers.
After hearing the comments from the representatives present, Lucy Burton stated that physical labels may not be feasible, but another option to consider might be to require restaurants and grocery stores to display takeout food safety information on some form of a poster.
BOH member Kalliope Egloff stated that she does not agree with the proposed BOH regulation because of the burden it would cause the businesses, but in general supports proactive BOH regulations that deal with health issues, before they become a major problem.
Lucy Burton thanked the restaurant and grocery store representatives for attending the meeting, and stated that the BOH would be considering further the regulation, taking into consideration the input received from the meeting tonight.
7:30 PM – John Beigel – Tinder Box
Glen Harrington opened the discussion by referring to his letter dated July 9, 2008 to Natalie Beigel, Owner of Tinder Box, in which he outlines the actions/conditions recommended in order for smoking activities to resume at the Tinder Box facility.
Greg Lynch, licensed mechanical engineer with Bristol Engineering, introduced himself to the Board. Mr. Lynch stated that he disagreed with the last paragraph of the letter which states Glen Harrington’s opinion that the HVAC system recommended by Mr. Lynch will not adequately address or eliminate the potential for exposure to the abutting unit employees from environmental tobacco smoke. Glen Harrington is of this opinion due to the patterns he has observed over the last three to four years, of environmental/atmospheric conditions at the Mashpee Commons facility. Greg Lynch stated that his recommended HVAC design has proven technology which ensures that environmental conditions will not be a problem.
The issue of whether or not to have a door on the smoking room was discussed. John Beigel, co-owner of Tinder Box, introduced himself to the Board. He stated that Tinder Box in New Jersey has no door on its smoke room, and they have had no problems. They have a similar HVAC system to the one being considered for the Mashpee Commons Tinder Box. John Beigel stated that not having a door creates a friendlier environment between the clientele in the shop and those in the smoking room. Greg Lynch stated that his HVAC system is designed to separate the smoke from the retail store and the smoking room. Greg Lynch suggested the possibility of installing an air curtain in place of a door.
Greg Lynch reported that Al Gagne, state-licensed HVAC expert from Bayside Mechanical Corporation, will be doing all the HVAC installation.
The issue of air quality testing was discussed. State testing is not free; County testing is free. State testing includes a chemical analysis of the smoke which is very expensive, but measures secondhand smoke as well. County testing also measures secondhand smoke, and Marina Brock, with the County, has stated that she is budgeted to do the testing on a monthly basis as long as necessary. Glen Harrington recommended ultra high particulate meter testing on a monthly basis, which the County can do.
The last issue discussed was how to get Puritan to cooperate with the necessary cleanup of smoke residue inside their store. Puritan is reluctant to begin this process in the middle of their prime business season and would like to postpone the work until sometime in August. John Renz, Manager at Mashpee Commons, was urged to require Puritan to allow the necessary cleanup of smoke residue and work with the Beigels to coordinate the maintenance of their heating, air conditioning and ventilation systems and ensure their negative pressure HVAC functioning, in order for Tinder Box to reopen its Smoke Shop smoking room.
Lucy Burton made a motion to accept the conditions as outlined in the BOH letter of July 9, 2008 to Tinder Box Internationale, with the following additions:
1. Air quality testing will be conducted monthly by the County, for carbon dioxide/carbon monoxide and ultra high particulates. If any problems are detected, the Tinder Box smoke room will be closed temporarily pending correction of the problem(s).
2. The new modified HVAC system and the new exhaust system for the Tinder Box shall be completely installed and certified by the designer, with BOH inspection, prior to commencement of the opening of the Smoking Room.
3. Base line testing must be done prior to the opening of the Smoking Room.
4. Puritan must be in compliance with the necessary interior cleanup of their store, including the proper functioning of their HVAC system, in order to abate the nuisance complaint, within 30 days of receipt of the letter.
5. No door will be installed at the entrance to the Smoking Room unless monthly testing results conducted by the County reveal a problem.
Kalliope Egloff seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session Minutes from the BOH meeting of June 25, 2008.
The following corrections were made to the 6/25/08 BOH minutes:
- Page 5, under DISCUSSION, 1. DRAFT Food Services Regulation, second sentence, make the entire sentence a new paragraph.
- Page 5, under DISCUSSION, 1. DRAFT Food Services Regulation, second paragraph, line 2, change the word to to the word from.
- Page 5, under DISCUSSION, 2. Algae Bloom Found in John’s Pond, first paragraph, line 7, add the title Shellfish Constable after Rick York’s name.
A motion was made, seconded and passed to approve as amended the BOH Public Meeting minutes of 6/25/08.
3. Request for Temporary Food Permits: Cape Cod Children’s Museum for Military Appreciation Day – July 12, 2008
Glen Harrington stated that Serv Safe certification would not be necessary, as all items being served are pre-packaged. The Museum will be borrowing a Chad’s ice cream freezer for the event and will run power to it from the Museum. Items being served will be popcorn, cotton candy, popsicles and ice cream sandwiches.
Burton Kaplan made a motion to approve the temporary food permit application submitted by the Children’s Museum for Military Appreciation Day on July 12, 2008, subject to the availability of an ice cream freezer, and to BOH inspection prior to the event. Lucy Burton seconded the motion. All approved.
4. Request for Temporary Food Permits: Uncommon Café for Mocean Concert on July 18, 2008.
Glen Harrington reported that items being served will be hamburgers, hot dogs and Italian sausage, bagged chips and bottled beverages. Scott Boynton, the person in charge, has Serv Safe Certification.
Burton Kaplan made a motion to approve the temporary food permit application submitted by Scott Boynton for the Uncommon Café Mocean Concert on July 28, 2008, subject to BOH inspection prior to the event. Lucy Burton seconded the motion. All approved.
5. Request for Review and Signature of Landfill Monitoring Contract
Glen Harrington reported that he had contacted Weston & Sampson and Woodard & Curran to request an RFP, and both are held up by the lab not getting back to them. Both are interested in responding to the RFP for the work, but cannot do anything until the lab gets back to them. An RFP response from Horsley Witten Group has been received.
OLD BUSINESS
1. Willowbend, 184-186 Quinnaquisset Avenue
Glen Harrington reported that he had looked into ownership of these properties and learned that 184 is owned by Paul Fireman, Trustee, and 186 is still owned by James A. Walker. There was no deed on file but there are municipal liens still filed on 182 and 186. The six-lot subdivision that Willowbend submitted in 2004 had all of the properties as part of the six-lot subdivision. Willowbend promised that they would either improve the property by bringing it back up into the building and sanitary codes, or they would tear them down if the six-lot subdivision got approved. The six-lot subdivision was not approved, so nothing was done to the properties. This was what prompted the letter from an abutter to BOH to ask about the status of the properties.
2. Lakeside Estates
Mr. William Haney, owner of the Lakeside Estates property, did not attend the meeting. Glen Harrington commented on the letter to the BOH from Kevin Kirrane dated 6/26/08, which indicates clearly that Mr. Kirrane is not up to speed on the facts of the situation regarding Lakeside Estates. Glen Harrington recommended that the BOH contact both Mr. William Haney and his counsel, Kevin Kirrane and ask them to attend the next BOH meeting on 7/23/08.
DISCUSSION
FYI – 46th Annual Yankee Conference on Environmental Health
The conference will be held at the Hilton Mystic, Mystic, Ct. from Sept. 24th through 26th, 2008. Glen Harrington will investigate whether the costs to attend the conference will be covered by the County Environmental Health Association.
The next meeting of the Board of Health will be on Wednesday, July 23, 2008. As there was no further business, the meeting was adjourned at 9:25 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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