TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, February 24, 2010
Board Members Present: Member Absent: Also Present:
Burton Kaplan, Chairman Kalliope Egloff, Co-Chairman Glen Harrington, Health Agent
Lucy Burton, Clerk
Chairman Burton Kaplan called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 – Michael Abbruzzesse – “Show Cause” Hearing – 68 Harwich Road -
State Sanitary Code Violations
Glen Harrington stated that Mr. Abbruzzesse’s attorney has requested a continuance of the hearing until the next Board of Health meeting. The Board agreed to Mr. Abbruzzesse’s request.
7:30 – David Ferraresi – Food Code Variance Request & 2010 Retail Food Permit Request – Gustare Oil & Vinegars
Mr. David Ferraresi introduced himself to the Board, and distributed copies of the proposed floor plan for Gustare Oils & Vinegars, to be located at 4 North Street, Mashpee Commons.
Mr. Ferraresi is requesting a food code variance allowing a 2-bay commercial sink as opposed to a 3-bay sink, for his retail food specialty business. Mr. Ferraresi stated that customers/guests would be offered a simple tasting sample of oils/vinegars as well as bottled olive oils, balsamic vinegars or pre-packaged spices or related select items for resale to consumers, dispensed via spigots using tiny, disposable plastic cups. Mr. Ferraresi stressed that it is not his intent to offer any perishable foods such as meats, cheeses, breads, etc. that would require health-related permitting as a food establishment.
The Board suggested to Mr. Ferraresi that he might want to acquire Food Protection Management Certification in the event that his business expands to include periodic special events during the year, offering cheeses, meats and other perishable foods in addition to samples of pre-packaged and/or bottled items.
Lucy Burton made a motion that the Board of Health approve the variance request by David Ferraresi for a 2-bay commercial sink for Gustare Oils & Vinegars to be located at 4 North Street, Mashpee Commons, and for their 2010 Retail Food Permit. Burton Kaplan seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session Minutes: January 27, 2010
Corrections to the minutes were noted, with approval continued to the next Board meeting with full Board attendance.
3. Quarterly Landfill Gas Monitoring Results – January 2010 – Weston & Sampson
The report dated 1/25/10 states that soil gas wells SGW-2 and SGW-13 could not be located and are assumed to be destroyed. Burton Kaplan voiced his concern that these two wells continue to be missing, and stated that either they should be eliminated or put back in working order. Glen Harrington stated that he will follow up on the status of any progress regarding the replacement of the wells.
4. Housing Code Violations – 14 Coombs Lane
Glen Harrington stated that he would like to continue discussion of violation enforcements against Mark Turner, the owner of the property at 14 Coombs Lane, to the next BOH meeting. Glen Harrington confirmed that the water supply problem was corrected, and a new septic system has been installed with a certificate of compliance issued on 1/20/10. However, the BOH has not received confirmation that two letters sent out from the BOH via regular and certified mail at the end of January have been received, informing Mr. Turner of additional violations. The additional violations are:
· Failure to install carbon monoxide detectors within the “ordered” 24-hour time frame
· No hot water in the main level and second level bathtubs
· The toilet seat cover was observed cracked
· A section of the shower control knob was missing, exposing the plumbing
· The closet floor in the main level bathroom was concrete, which is porous material and cannot be cleaned in a sanitary manner
The BOH letter dated 1/21/10 stated that failure to correct the above stated violations within 5 days from receipt of the order letter will subject the property owner to fines and/or court action.
The Board agreed to continue discussion of 14 Coombs Lane violations to the next meeting.
5. Appeal of Fine: Macomber’s Sanitary Refuse Company
Glen Harrington stated that in a letter received by the BOH dated 1/27/10 from Mr. Edward Macomber, it was stated that the company has two letters from original customers who stated that they recycle with Macomber’s Sanitary Refuse Company. Mr. Macomber is disputing the $500 fine he paid in 2009 for not recycling in 2008, when he has proof that his company has recycled since 2008 and is continuing to offer the service.
Glen Harrington stated that Mr. Macomber has no weight slips to prove that he has been taking his recyclable items to the Mashpee Transfer Station per a previous agreement, and the Transfer Station confirmed that up until one day last week, the Macomber’s Sanitary Refuse Company has never been there.
Lucy Burton made a motion to deny the appeal by Macomber’s Sanitary Refuse Company, based upon the lack of evidence of records of recycling at the UCRTS. Burton Kaplan seconded the motion. The motion was unanimously approved.
6. Order of Condemnation - #91 Lakeside Estates
Glen Harrington reported receiving a complaint from an abutter to 91 Lakeside Estates, stating that her car’s air intake system is full of rat hair. Glen Harrington stated that the trailer at 91 Lakeside Estates has been abandoned by the former owners, is now uninhabitable, and should be demolished. Glen Harrington explained that the BOH can order the owner of the trailer park to secure the trailer, but cannot order it to be demolished for 1 year after the date of the order to secure; however, if the Building Dept. deems a structure to be unsafe, after 6 months it can issue orders to have the trailer demolished.
Lucy Burton made a motion that the BOH condemn the property at 91 Lakeside Estates, that the structure on the property be secured, that Mr. Haney be ordered, at his expense, to fumigate the property, and that the Building Department be requested to deem the structure on the property as unsafe. Burton Kaplan seconded the motion. The motion was unanimously approved.
7. Request for Support of the Mass. Bottle Bill
The Board members agreed to continue discussion of support for the extended Mass. Bottle Bill to the next meeting when Kalliope Egloff will be in attendance.
8. Review of Proposed BOH 2011 Budget
Burton Kaplan and Lucy Burton stated that they had reviewed the proposed 2011 budget as presented, and had no problems with it. The Board members agreed, however, that eventually the BOH would require additional staff support in order to handle the ever increasing workload being required of the Board of Health office.
9. Uncommon Café – Adam Ogonowski
Glen Harrington reported receipt of a letter from Adam Ogonowski, in which Mr. Ogonowski proposes to lease the food establishment known as “The Uncommon Café” located in the Mashpee Commons. Mr. Ogonowski states in the letter that he has signed up to take the Food Protection Management class on 3/24/10. Mr. Ogonowski is requesting that the board approve his 2010 Food Establishment License pending his recertification. Mr. Ogonowski plans to take over the restaurant on 3/15/10. Seating plans are for 20 seats inside and 14 outside. Glen Harrington stated that Heimlich Maneuver training is required by the state if there is seating available for 25 or more. Glen Harrington stated that there are no plans for change in menu or aesthetics to the restaurant. The Board of Health will conduct
an inspection prior to opening of the restaurant by Adam Ogonowski.
Lucy Burton made a motion to approve the request by Adam Ogonowski for issuance of his 2010 Food Establishment Permit pending his Food Protection Management recertification, and his certification in the Heimlich Maneuver. Burton Kaplan seconded the motion. The motion was unanimously approved.
10. Tinder Box Internationale – 19 North St. – Food Establishment Permit Application
Glen Harrington stated that James Sullivan, manager of Tinder Box Internationale, would like to add some snack items in his shop available for sale incidental to the primary use of the business.
Lucy Burton made a motion to approve the Incidental Food Establishment Permit application for Tinder Box Internationale. Burton Kaplan seconded the motion. The motion was unanimously approved.
Burton Kaplan requested that a follow-up inspection be conducted by the BOH to confirm that Tinder Box Internationale is in compliance with all the recent requirements levied upon the owners.
11. 148 Sunset Strip – Steve Doherty
Glen Harrington stated that he had received a call saying that Steve Doherty had sent Mr. Kendall Ayers of the Barnstable County Department of Health & Environment an email, but as of this time Mr. Doherty’s overdue taxes had not been paid and that made applying to the County loan program impossible. Glen Harrington was of the opinion that Mr. Doherty had set up a payment plan to settle his tax obligation of $7000. Until the taxes are paid in full, Mr. Doherty is ineligible to participate in the County Loan Program. Glen Harrington further stated that Mr. Doherty has been accruing fines of $250 per day from the Mashpee Board of Health since 2/15/10 for failure to have the failed septic system replaced. Glen Harrington stated that he believes public assistance individuals had been placed in the house after
the septic system failed. Glen Harrington recommended, and the Board agreed, to continue the accrual of $250 fines per day until a new septic system is installed.
OLD BUSINESS
1. Rental Property Housing Regulation
Burton Kaplan stated that if the previously approved BOH Rental Property Housing Regulation included all rental housing, and was not limited to subsidized housing, it would be acceptable and not considered discriminatory. However, the BOH does not have the manpower that would be required to inspect all rental housing. Town Counsel Patrick Costello advised that the previous approval of the Rental Property Housing Regulation by the BOH be rescinded.
Lucy Burton made a motion that the BOH rescind its approval of the Rental Property Housing Regulation. Burton Kaplan seconded the motion. The motion was unanimously approved.
2. Lakeside Trailer Park
Glen Harrington stated that he will check on the date that the BOH finalized the Manufactured Home Regulation and will then confirm that the BOH has been to Lakeside Trailer Park since that date and that there has been no manager on the premises.
3. Recycling Regulation
The Board agreed to schedule a special work session meeting to finalize the Recycling Regulation in preparation for presentation of the by-law for approval at Town Meeting. The date for the work session was tentatively set for Tuesday, March 2, 2010, 7:00 PM at Town Hall.
4. Seasonal and H1N1 Flu Clinics Update
Glen Harrington stated that he has not yet finalized dates for the regional vaccine clinics offering HPV for women 19-26 years of age, Tdap for adults 19-26 years, Varicella vaccine for adults 19 and older, and Zoster vaccine for adults 60 years of age or older. Glen Harrington stated that a pre-registration software is being developed in order to determine the amount of vaccines that will be required.
5. 48 Fells Pond Road
Lucy Burton and Glen Harrington reported that as of today, nothing further has been done by Waste Water Treatment Services to contain the noise from the blower connected to the septic system at 48 Fells Pond Road. Lucy Burton reported that Mike, the new manager at Waste Water Treatment Services, was aware of the situation and has been in touch with Mr. Corwin, property owner of 48 Fells Pond Road, who is agreeable to placing a fake rock over the blower vent to buffer the sound.
6. New Restaurant Changes
Lucy Burton reported that Carbo’s is changing its menu to Mexican fare; Heather, renamed Starfish, will be offering a seafood menu. Starfish plans to reopen this spring
DISCUSSION
1. NY Times Tobacco Article – FYI
The article indicates that the orientation of Altria, parent company of Philip Morris, is to provide a product to the public that can be used where smoking is prohibited, that is less harmful than cigarettes. The article states that there is a serious increase in youth smokeless use by youthful purchasers– a Federal survey last year found smokeless products gaining popularity in 10th and 12th graders. Burton Kaplan stated that although the federal regulatory agencies seem to be in no hurry to regulate the growing problem, the BOH will continue to monitor the situation in Mashpee.
.EXECUTIVE SESSION
Lucy Burton made a motion to adjourn the BOH Public Session at 8:05 PM, and enter into Executive Session to discuss possible litigation procedures, not to return to Public Session. Burton Kaplan seconded the motion. The motion was unanimously approved.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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