TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, June 10, 2009
Board Members Present: Members Absent: Also Present:
Lucy Burton, Chairman Burton Kaplan, Co-Chairman Glen Harrington,
Kalliope Egloff, Clerk Health Agent
Veronica Warden,
Assistant Health Agent
Chairman Lucy Burton called the meeting to order at 7:15 PM.
APPOINTMENTS
7:15 PM Robert Cantania - Wicked FK Pizza - Food Code Violation
Per Assistant Health Agent Veronica Warden, on April 17, 2009, the BOH received a food-borne illness complaint for the Wicked FK Pizza establishment. The complainants stated that after eating at Wicked Fire Kissed Pizza the night before, both husband and wife became ill with fever, diarrhea and vomiting. On April 17, 2009 at 3 PM, Assistant Health Agent Veronica Warden visited the restaurant to inform Mr. Cantania of the complaint and asked to perform a food establishment inspection of the facility. Mr. Catania failed to allow Ms. Warden, the appointed regulatory authority, access into the food establishment to inspect the establishment and provide the necessary information to determine whether the establishment is in compliance with the Food Code to which the Board of Health is entitled, according to law, which is in
direct violation of the Federal Food Code 590.000, section 8-402-11. The BOH sent an “order letter” dated 4/22/09 to Mr. Catania, ordering him to appear before the BOH meeting on 5/13/09 to show cause as to why he had denied access into the food establishment by an appointed regulatory authority. Mr. Catania requested that the appointment be continued until the BOH meeting on 6/10/09.
Robert Cantania, manager of Wicked FK Pizza, and Eric Pezzulo, Executive Chef at the restaurant, introduced themselves to the Board. Mr. Catania stated that no customers from the night before had complained to the restaurant, and he questioned the validity of the complaint to the Board of Health. Mr. Cantania stated that the Health Agent’s attitude was that there was a problem that needed to be investigated to determine what Wicked Pizza was doing wrong. Mr. Cantania stated that he felt he was being accused of being guilty until proven innocent. Mr. Cantania felt that there was no proof that Wicked Pizza was doing something wrong, and was reluctant to allow Health Agent Veronica Warden to proceed with an inspection of the restaurant.
Lucy Burden stated that when anyone comes into the Board of Health to say that they ate at a Mashpee restaurant, it is the obligation of the Board of Health to follow up on that complaint with an inspection. The Health Agents are highly trained to consider all possible aspects of the situation as to why the customers may have gotten sick. Mr. Cantania’s defensive attitude toward the Health Agent’s request to inspect the restaurant resulted in the Health Agent leaving the restaurant without conducting the food establishment inspection. Mr. Cantania therefore was in violation of the Federal Food Code 590.000, section 8-402-11. Lucy Burton stated that the right to access is the core issue here, not the cleanliness of the Wicked Pizza kitchen.
Lucy Burton made a motion, based on the information available for the record on file, to fine Wicked FK Pizza $100 for refusal to allow the health agent to conduct a food inspection at the restaurant on April 17, 2009. Kalliope Egloff seconded the motion. All approved.
7:45 PM Elizabeth McNichols, Esq. - 431 Monomoscoy Road
Elizabeth McNichols introduced herself to the Board as representing her client Jeremy Stevenson, who has put under contract a piece of property at 431 Monomoscoy Road in Mashpee, and on behalf of Mr. Stevenson, she is seeking a variance from this Board of their bylaw that requires that any property that has a cesspool be upgraded to a Title V septic system prior to the transfer of title. This current property is a 3 bedroom, one bath home built in 1950 and has 984 square feet. Mr. Stevenson wants to purchase the property, and has a closing date scheduled for July 29th, 2009. The Stevensons plan to tear down the existing house and rebuild a new house. They plan to work with Cape & Islands Engineering and architect Tom O’Neill, and do not want to put in the new septic system in the existing house which
will be torn down after closing. It will require Conservation Commission input before the septic system is installed in the new house, and therefore it is unreasonable to install a new septic system in the existing house, whose location may change when the new house is completed. The Stevensons are willing to sign the form of indemnification the Board has required in the past. Ms. McNichols is asking the Board to grant a one year extension from the closing date for completion of the installation of the septic system in the new house.
Lucy Burton made a motion to approve an Enforceable Agreement for 431Monomoscoy Road to install the septic system within one year of the date of 6/10/09, with no extensions and with the engineering submission done within 6 months of today’s date, June 10, 2009. Kalliope Egloff seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approval of BOH Public Session Minutes of 5/27/09
The following corrections were made to the 5/27/09 BOH minutes:
- Page one, delete the words DRAFT Updated 6/8/09 at the top of the page
- Page one, under APPOINTMENTS, lines 15 and 17, capitalize the word State and on line 18, capitalize the word Town.
- Page one, paragraph 2, line 3, delete the sentence starting with the word Regarding and ending with the word trash.
- Page 2, line one, change the word finalized to renewed.
- Page 7, under DISCUSSION, line 5, delete the word monthly
The corrected minutes will be approved at the next Board meeting with full Board attendance.
3. Request for Temporary Food Permits & Fee Waivers: Mashpee Community Picnic
Lucy Burton made a motion to grant the Cape Cod Children’s Museum a 2009 permit to sell popcorn for the 2009 year for a one-time fee of $50.00. Kalliope Egloff seconded the motion. All approved.
4. Request for Temporary Food Permit for Kiwanis Club: Mashpee Community Picnic
Lucy Burton made a motion to approve the Kiwanis Club application for a temporary food permit for the community picnic on July 1, 2009 with a rain date of July 2nd, 2009 pending BOH inspection. Kalliope Egloff seconded the motion. All approved.
Lucy Burton made a motion to deny the Kiwanis Club of Mashpee’s request for a fee waiver due to the budgetary constraints of the Town. Kalliope Egloff seconded the motion. All approved.
5. Mashpee Pop Warner Temporary Food Permit Application: Mashpee Community Picnic
Lucy Burton made a motion to approve the Mashpee Pop Warner temporary food permit application for snow cones at the Mashpee Community Picnic, pending health agent inspection. Kalliope Egloff seconded the motion. All approved.
Lucy Burton made a motion to deny the Mashpee Pop Warner request for a fee waiver due to budgetary constraints of the Town. Kalliope Egloff seconded the motion. All approved.
6. Request for Temporary Food Permit: Hall Oil Co. for Boy Scout Court of Honor
Lucy Burton made a motion to approve the Hall Oil Company’s temporary food permit request for the Boy Scout Court of Honor on June 17th, 2009, pending health agent inspection. Kalliope Egloff seconded the motion. All approved.
Lucy Burton made a motion to deny the request of Hall Oil Company to waive the fee for the temporary food permit due to the budgetary constraints of the Town. Kalliope Egloff seconded the motion. All approved.
7. Request for 2009 Food Establishment Permit: Bagel Haven, Unit 13D, 681 Falmouth Road
Veronica Warden inspected the premises and found everything to be in order. A menu was provided.
Lucy Burton made a motion to approve the 2009 Food Establishment Permit application for Bagel Haven. Kalliope Egloff seconded the motion. All approved.
8. Wampanoag Tribal Council Request for Temporary Food Permits – Pow Wow
Glen Harrington stated that he spoke to Marita Scott today about being the Certified Food Manager overseer for the entire event. Marita Scott agreed to take on this responsibility for this year’s Pow Wow, but not for the future.
Lucy Burton made a motion to approve the following temporary food concession permit application permits for the Mashpee Pow Wow under the Certified Food Manager supervision of Marita Scott, pending health agent inspection:
Tiffany Mendes Vernon Pocknett
Ellen Sharpe Darlene Tiexeira
Loretta Jones Milton Frye
Geraldine Hicks
Kalliope Egloff seconded the motion. All approved.
Lucy Burton made a motion to approve the application for a temporary food concession for Sherry Pocknett for the Mashpee Pow Wow, pending certification of farm raised exotic meats, and pending health agent inspection. Kalliopee Egloff seconded the motion. All approved.
Lucy Burton made a motion to approve the temporary food concession permit for Joan Avant and Sonya Avant for the Mashpee Pow Wow pending health agent inspection. Kalliope Egloff seconded the motion. All approved.
Lucy Burton made a motion to approve the temporary food concession permit for the Mashpee Memorial VFW Ladies Auxiliary 5489 for the Mashpee Pow Wow, pending receipt of Certified Food Manager Certification for Maria Turner or Cherie Peters or Marita Scott, and pending health agent inspection. Kalliope Egloff seconded the motion. All approved.
Lucy Burton made a motion to approve the temporary food concession permit for Vanessa Mendes for the Mashpee Pow Wow pending health agent inspection and pending receipt of Certified Food Manager certification for Vanessa Mendes or appointing Marita Scott as the Certified Food Manager overseer. Kalliope Egloff seconded the motion. All approved.
Lucy Burton made a motion to approve the temporary food concession permit for Sadie Myrie for the Mashpee Pow Wow pending health agent inspection and pending receipt of Food Manager Certification or the appointment of Marita Scott as her Serv Safe overseer. Kalliope Egloff seconded the motion. All approved.
Lucy Burton made a motion to approve the temporary food concession permit for DaTanya Rezendes for the Mashpee Pow Wow pending health agent inspection and under the Food Manager Certification of Marita Scott. Kalliope Egloff seconded the motion. All approved.
Lucy Burton made a motion that beginning with the 2010 Mashpee Pow Wow, each individual vendor must have his/her own Food Manager Certification, and must be Food Protection Manager certified. Kalliope Egloff seconded the motion. All approved.
OLD BUSINESS
1. Kennel Application: 225 Ashumet Road (continued from 3/25/09)
Glen Harrington stated that he had received the construction plans and the updated site plan.
Mark Boudreau, attorney for Brendan Lopes and Tiffany Mendes, owners of the property at 225 Ashumet Road, introduced himself to the Board. He stated that the kennel building itself will not be heated. There is a water line installed underground, with town water supply, back to the kennel from the detached garage. The fecal waste from the dogs will not be composted on the property, but will be disposed of in the trash. Mark Boudreau stated that the house is nearing completion, however the kennel itself is not yet constructed. Mark Boudreau estimated that it will take six weeks to construct the kennel.
The following two conditions regarding approval of the kennel were made by the Board of Health:
1) only two dogs at a time may be allowed in the yard between the kennel and the house
2) those two dogs must be accompanied by one of the license holders while in the yard
Attorney Rob Mills, attorney for Mr. & Mrs. Shay, abutters to the property, introduced himself to the Board and stated the following concerns:
- liability insurance per occurrence is totally inadequate
- an obedience training requirement one day a week for the first three months for the dog handlers should be required
- a chain link coverage over the kennel should be required to effect total containment of the dogs in the kennel
Glen Harrington stated that the final discussion on the kennel by the Site Plan Review Committee will take place tomorrow morning, June 11, 2009. The Board of Health will have all the necessary information and will be in a position to make a decision on approval of the kennel at its next board meeting on June 24, 2009.
2. Draft Manufactured Housing Regulation
Glen Harrington stated that at the request of Burton Kaplan he had compared the two Mashpee trailer parks to determine what they would need to do in order to be in compliance with the BOH Housing Regulation. Glen stated that he has the information available, and will type up his findings in memo form and distribute to the Board for their review.
3. Board Signatures “Smoking Regulation”
The Board members present signed the Board of Health Smoking Regulation.
4. Draft Recycling Regulation
Glen Harrington reported that he had received a letter from Mary Waygan, requesting that in crafting the Recycling Regulation, consideration be given to include language that would apply to condominium complexes and associations. Mary Waygan stated that her condominium association could make available a recycling container for her complex by merely requesting one from their trash hauler. A clear motivation for the condominium associations to recycle is for the Town to require recycling. Mary Waygan stated further that she is sure more of her neighbors would recycle if a container was placed in their condominium complex.
Glen Harrington reported that he heard from Sally Bold at Deer Crossing Condominium that Allied Waste is now offering recycling in the Deer Crossing Condominium Association. Glen Harrington also reported that a Board of Health order letter had gone out to all waste haulers putting them on notice that if they do not submit recycling tonnage reports for all months of 2009 by June 21st, they will be fined.
DISCUSSION
Semi-Annual Landfill Cap Inspection Report, Weston & Sampson – FYI
Glen Harrington distributed reports of the Weston & Sampson Project No. 2080488 to the Board members. The report indicated that in general, the landfill was in good condition. Of interest was that there are two passive gas vents lying on the north side slope, which need to be reset back into their proper location. Also, there are several animal burrows located along the perimeter swale at the top of the side slopes.
Marshfield Board of Health – Rules & Regulations for Permitting and Operation of Commercial, Residential and Municipal Solid Waste/Recycling Collection – FYI
Glen Harrington distributed copies of the Marshfield BOH rules and regulations for waste/recycling. Marshfield does offer curbside recycling, with all the responsibility falling on the haulers. If haulers submitted names and addresses of those not recycling, letters could be sent to them reminding them of the value of recycling.
The next meeting of the Board of Health is scheduled for Wednesday, June 24, 2009 in the Selectmen’s Conference Room. As there was no further business, the meeting was adjourned at 9:50 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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