Town of Mashpee
Board of Health – Public Session
Minutes of Meeting
September 23, 2009
Board Members Present: Chairman Burton Kaplan, Clerk Lucy Burton
Also Present: Glen Harrington, Health Agent
Absent: Co-Chairman Kalliope Egloff
APPOINTMENTS
7:15 – Tiffany Mendes & Brendan Lopes – Kennel Show-Cause Hearing
Tiffany Mendes addressed the Board regarding dog kennel licensing. Ms. Mendes indicated that, until the kennel is completed at 225 Ashumet Road, 3 dogs will be located at 587 Main Street and the other 3 dogs will be located at 225 Ashumet Road. Mr. Harrington reported that the owners are now in compliance because they have received their Certificate of Occupancy for 225 Ashumet Road but with only 3 dogs at the 587 Main Street address, they are not required to obtain a Kennel License. Ms. Mendes indicated that the family will be re-locating to the Ashumet Road residence by September 28th, and that her parents are located at the 587 Main Street residence.
Ms. Burton noted that the Board of Health stipulated a 30 day occupancy requirement at 225 Ashumet, and if it was not met, would necessitate the acquisition of a Kennel License for 587 Main Street during the time that more than 3 dogs were present. Ms. Burton expressed concern that the timeline was not met and that the owner has been in violation for the last month. Ms. Burton added that the Board of Health decision was made on June 24, 2009 and that the homeowner received their occupancy permit on August 25, 2009. Ms. Mendes admitted that all 6 dogs have been at 587 Main Street during the last month. Mr. Harrington reported that the Board of Health, per Massachusetts General Law, is entitled to levy a single offense fine upwards of $1000 for the violation. Ms. Burton expressed concern
regarding the missed deadline, not meeting conditions and whether or not they are setting a precedent before the kennel is licensed. The Chair agreed that the violation must be addressed and suggested a $100 fine. Ms. Burton responded that she would support that low fine, if it also constitutes a first warning, provided that conditions are met going forward. The Chair questioned the intent to have all 6 dogs in one kennel and Ms. Mendes responded that they planned to have all dogs together when the kennel is completed in compliance with the conditions, in approximately 3 months. Ms. Burton noted that among the conditions, it was required that the license be reviewed annually.
Motion made by Ms. Burton to fine Tiffany Mendes and Brendan Lopes $100.00 for the kennel license violation and note that this is the first offense and will be kept in consideration. Motion seconded by Mr. Kaplan. All voted approval unanimously.
7:30 – Lynelle LaFleur – Bodywork Permits
Earth Tones is a new facility that has not yet been built. Ms. Burton questioned Lynelle LaFleur about the application and therapies she plans to practice at the location. Ms. LaFleur responded with her intent to provide both Reiki and massage therapy. Ms. LaFleur is certified in message therapy and an application for massage therapy has been forwarded to the State. Additionally, Ms. LaFleur has changed the name of the business to Earth Tones All Natural and Organic Spa Therapies. Ms. LaFleur confirmed that she has 1st, 2nd and 3rd degree certification in Reiki and has practiced for several years on family and at various locations. Copies of her certificates and licenses were provided to Mr. Harrington, along with proof of insurance. Ms. LaFleur
has provided a floor plan and hopes to be in the new building on September 28. Mr. Harrington has not yet completed an inspection.
Motion made by Ms. Burton to approve the Bodywork Facility Permit for Earth Tones, pending Health Agent inspection. Motion seconded by Mr. Kaplan. All voted approval unanimously.
Motion made by Ms. Burton to approve the Bodywork Practitioner License for Lynelle LaFleur. Motion seconded by Mr. Kaplan. All voted approval unanimously.
NEW BUSINESS
Minutes were drafted from 9/23/09 video which did not record the first three items of New Business.
1. Sign Warrants:
2. Approve Public Session Minutes: September 9, 2009
Approval of the minutes was deferred since the entire Board was not present.
3. Request for Temporary Food Concession (Oktoberfest) – Vito Marotta
According to Mr. Harrington, the application was approved pending Health Agent inspection.
4. Request for Temporary Food Concession (Oktoberfest) – Mashpee Boosters
No application received.
5. Request for Temporary Food Concession (Oktoberfest) – Kiwanis Club
Motion made by Ms. Burton to approve the Temporary Food Concession application for the Kiwanis Club for the Oktoberfest, pending Health Agent inspection. Motion seconded by Mr. Kaplan. All voted approval unanimously.
6. Request for Temporary Food Concession (Oktoberfest) – Mashpee High School, Brian Hyde
Mr. Harrington reported that a schedule has been provided and the group is selling pretzels only. A Certified Food Manager Certificate has not been provided, but potentially hazardous food will not be served.
Motion made by Ms. Burton to approve the Temporary Food Concession application for Arthur Joia for the Oktoberfest on October 10th, pending Health Agent inspection. Motion seconded by Mr. Kaplan. All voted approval unanimously.
7. Request for Temporary Food Concession (Oktoberfest) – Children’s Museum
Although an application has not been received, the Children’s Museum has been granted a year long permit to serve popcorn.
Motion made by Ms. Burton to approve the Temporary Food Concession application for the Children’s Museum for the Oktoberfest, for popcorn only, pending Health Agent inspection. Motion seconded by Mr. Kaplan. All voted approval unanimously.
8. Request for Temporary Food Concession (Oktoberfest) – Cub Scouts, Pack 36
The Cub Scouts are non-profit and have provided a Certified Food Manager Certificate. The group has not submitted a floor plan sketch, which could be requested during the inspection. Ms. Burton questioned the safety of chili and onions and asked that Mr. Harrington inquire further about the preparation location of those items. Mr. Harrington will also request that 501(c)3 documentation be provided.
Motion made by Ms. Burton to approve the Temporary Food Concession application for Cub Scout Pack 36 for the Oktoberfest, pending Health Agent inspection and receipt of 501(c)3 paperwork. Motion seconded by Mr. Kaplan. All voted approval unanimously.
9. Request for Temporary Food Concession (Oktoberfest) – Rotary Club
Mr. Harrington will have Deborah Dami, Town Clerk, sign the permit application. Mr. Harrington reported that the group typically teams with Boars Head and has a nice set up. Mr. Kaplan requested that the application be properly completed.
Motion made by Ms. Burton to approve the Temporary Food Concession application for the Rotary Club of Mashpee for the Oktoberfest, pending Health Agent inspection. Motion seconded by Mr. Kaplan. All voted approval unanimously.
10. Request for Temporary Food Concession (Oktoberfest) –- Pizza Guyz
Food will be prepared at the restaurant’s location on Rt. 151 and be delivered in insulated pizza bags.
Motion made by Ms. Burton to approve the Temporary Food Concession application for the Pizza Guyz, Chris Varetimos, for the Oktoberfest, pending Health Agent inspection. Motion seconded by Mr. Kaplan. All voted approval unanimously.
11. Cavossa Disposal Corporation
Mr. Harrington reported that Cavossa Disposal has not been consistently using the Upper Cape Regional Transfer Station. Mr. Harrington wishes to gather additional information before taking action. The report distributed clearly shows that there were no disposals in one of the busiest months of the year and it shows inconsistent use throughout the year. Board members discussed Cavossa’s 17-20 accounts, including Dunkin Donuts which has pick up 2 times each week. Ms. Burton questioned whether or not the other haulers had been reviewed and recommended that all haulers be reviewed and that action be deferred until the next meeting.
OLD BUSINESS
Draft Recycling Regulation
A Solid Waste Sub-Committee meeting was held recently but Mr. Harrington has not received an update from the meeting. Ms. Burton reported that she was in attendance and added that there was nothing new to report. The Sub-Committee is preparing recommendations to be made to the Board of Selectmen at their next meeting on October 5. Single stream recycling may be a recommendation and could be implemented at the Transfer Station immediately. The Chair questioned why the Board of Health continues to await action from the Board of Selectmen in regard to the Recycling Regulation, particularly if the Board of Health is still considering January 1 as the date of implementation. Ms. Burton noted that the Board of Selectmen may determine the way in which trash haulers are regulated such as curb side or
pay-as-you-throw. The Chair suggested that the Regulation could be amended as needed once the Board of Selectmen makes their final decision. Mr. Harrington noted that everyone will be required to recycle, but that the implementation and enforcement with the waste haulers requires extensive detail. Action on the Regulation continues to be deferred pending a decision from the Board of Selectmen.
Stuart Bornstein, Baypoint, LLC
Mr. Harrington reported that he spoke with Mr. Bornstein, regarding the letter of credit, who expressed concern about the Board of Health’s request. Mr. Bornstein felt that the Board was unreasonable with its request and the engineer confirmed that the leaching field would last forever and that the costs for the system’s moving parts and repairs would not exceed $25,000. Additionally, Mr. Bornstein will not change the Master Deed because it will cost $3,000-$4,000 to make the change in Land Court and he emphasized that the $10 septic fee each month would be sufficient to cover any costs. Mr. Bornstein also stated that the minimum value of each condo is $600,000 and no owner would allow a septic system to be in any state of disrepair.
Board members noted that the RUCK system is a “piloting approval” system issued by DEP, meaning that there are less than 50 in the State. The Chair questioned whether or not the DEP approval addresses failure of the system to meet targets. Mr. Harrington will look into it further. Board members shared their concerns about the $10 monthly fee being insufficient. The Board of Health is seeking assurance that the Board of Trustees realize that they are assuming the responsibility of the septic system, such as by placing it on the Master Deed. The Board of Health determined that they will not release the letter of credit without their concerns being satisfied.
DISCUSSION
48 Fells Pond Road
Mr. Harrington reported that he has been unable to have anyone come in to discuss additional solutions.
Seasonal & H1N1 Flu Response Update
Mr. Harrington reported that there has been a delay in receiving the balance of the seasonal flu vaccines, with approximately 50% received so far. Although there is enough vaccine available for the October 19th clinic, the balance of the vaccinations has been delayed until the end of October. The October school clinics are being pushed until November. Mr. Harrington noted that the CDC and DPH are still recommending that children receive the seasonal flu vaccinations, which can be completed at the same time as the H1N1 vaccinations. Mr. Harrington added that the seasonal flu mist requires a 29 day waiting period before administering the H1N1 vaccination, which could cause added delays.
The Chair asked if H1N1 were received today, where the supplies would go, to which Mr. Harrington responded that the vaccines would be directed to smaller doctors offices and clinics because there would not be enough for a school sized clinic until November. School clinics are still being considered for after school or weekends, allowing parents to attend with their child, although school nurses have suggested that inoculations could be offered during the school day. Board members discussed 6 months to 24 years of age as the highest priority along with pregnant women, caregivers and first responders and the need to proactively organize the many details of administering the vaccine.
Mr. Harrington will begin organizing volunteers, such as from the MRC and Council on Aging to assist with the inoculations. VNA and County nurses are being hired and paid for with Homeland Security funds so Mr. Harrington is making every effort to acquire assistance from those groups to reduce costs to the town.
Santuit Results
Mr. Harrington reported that if the sampling results for this week are clear then he will remove the posted signs. Sampling will continue, but the algae count and the toxins will not be measured. Two additional studies are currently examining Santuit Pond.
William Haney, Lakeside Estates
The Chair reported that William Haney is attempting to coordinate a special meeting with the Water District to force the Water District to connect to the trailer park. The Chair questioned whether it was a Board of Health concern if the petitioners attend the meeting, enabling the audience to vote in Mr. Haney’s favor and what would happen if the Water District refuses? Mr. Harrington responded that Mr. Haney would need to pursue the issue in court. The Board expressed frustration at Mr. Haney’s efforts to circumvent Board of Health and DEP requirements and discussed the issue of safety when Mr. Haney does not have plans depicting the location of septic lines. Additionally, the condition of such lines is unknown and is believed to become the financial responsibility of the Town, who can
not afford that responsibility. It was stated that Mr. Haney knew that water was an issue when he purchased the property and that it has been his responsibility to correct the problem. The Board wants the best possible water source provided to residents of Lakeside Trailer Park, but Mr. Haney is requesting that a private property problem be paid for with public money.
Board members also discussed the trailer located at 13 Lakeside Estates which has no water and has been condemned. Mr. Haney has since purchased the property from the Ryan family who used the trailer during the summer. The Chair questioned whether if the townspeople vote to connect, whether the park would have a master meter or individual meters. Mr. Harrington responded that Mr. Haney would have the right to install sub metering but that he would be required to meet certain conditions such as a required plumber and Board of Health involvement.
Application Review
The Chair suggested that the Board of Health consider returning to a previous procedure regarding the review of applications. The Chair recommended that if an application is in order, the Health Agent can then approve the application without requiring action from the Board, thereby allowing members of the Board to focus primarily on applications with special exceptions. Mr. Harrington confirmed that all new properties, licenses or commercial entities, are typically reviewed by the Board, but that it is not a requirement. The Chair wishes to limit delays and provide better service and suggests that Mr. Harrington provide briefings about approved applications. Ms. Burton would prefer to review new applicants and new businesses. The Chair recommended that this process be considered at a future
meeting.
Motion made by Ms. Burton to adjourn at 8:16 pm. Motion seconded by Mr. Kaplan. All voted approval unanimously.
Respectfully submitted as amended,
Jennifer M. Clifford
Board Secretary
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