TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, May 12, 2010
Members Present: Also Present:
Burton Kaplan, Chairman Glen Harrington, Health Agent
Kalliope Egloff, Co-Chairman
Lucy Burton, Clerk
Chairman Burton Kaplan called the meeting to order at 7:02 PM.
APPOINTMENTS
7:15 – Mike McCarthy – Food Establishment Permit for Outdoor Seating
Mike McCarthy, one of two owners of Mashpee Fish & Lobster located at 538 Route 28, introduced himself to the Board. Burton Kaplan stated that Mashpee Fish & Lobster is proposing to add dairy soft serve ice cream and fried sea food items on a takeout basis at the Mashpee Rotary location. The proposal has been through the site plan review board successfully, and now Mr. McCarthy is requesting a food establishment permit for outdoor seating from the Board of Health.
Mike McCarthy stated that the dumpster is located 25 feet away from the back of the building, on a cement slab, and will be enclosed with a fence. Lucy Burton stated her concern that there are no restrooms or hand washing accommodations available for outside seating customers. Mike McCarthy stated that there is no requirement for restrooms for takeout food customer service, but he plans to place a handicap-accessible portable toilet outside the building behind the coolers. Mike McCarthy stated that he could provide an outside bubbler, but for cold water only.
Lucy Burton made a motion to approve the amended food establishment permit for Mashpee Fish & Lobster to allow them to serve soft serve ice cream with the following conditions:
- A portable toilet is installed
- A cold water bubbler, preferably a bubbler/sink combination, is installed
- All outside waste receptacles are covered
- Four tables for outside seating will be available, per the Cape & Islands site plan
- Mike McCarthy will come before the BOH again before commencing with takeout service for seafood dinners
Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:30 John’s Dogs – Food Code Violation
Lucy Burton reported that the blue tarp covering for the John’s Dogs cart, located at the corner of Steeple Street and Green St. in Mashpee Commons, blew off on Friday night, 5/08/10, and was left uncovered through the following Tuesday morning, 5/11/10. The cart contained food including rolls, condiments, and soft drinks. Burton Kaplan stated that the Board of Health received a complaint through the Selectmen’s office that the cart was observed being put away without cleaning, then started up the next morning again without cleaning, being put away without cleaning, simply adding new water to the steam tables. An inspection on Friday morning, May 7th at 11:30 AM found the cart to be in operation without a 2010 Mobile Food Permit. The Mobile Food Permit application and fee have now been
received from John Jasset, owner of the cart, by the BOH. John Jasset came to the Board of Health to schedule an inspection of the cart, which was scheduled for 1 PM on Friday, 5/07/10, and was found to be in compliance for operation. Mr. Jasset stated that he was staying with the unit as a Certified Food Manager, so the BOH allowed him to operate immediately. Two women operating the unit have signed up to take the Certified Food Manager course, per Mr. Jasset. In a letter from Mr.Jasset, he acknowledges that the complaint is justified, acknowledges his guilt, and requests discussion of the situation at the next BOH meeting.
Glen Harrington stated that operating without a permit was a maximum fine of $100 for the first offense, and that food left on the cart overnight and lack of cleanliness were additional issues. Glen Harrington recommended that the Board suspend Mr.Jasset’s permit for two weeks, based on an imminent hazard where food was left on the cart overnight, as long as Mr. Jasset retains the right to request a hearing within 3 days of the suspension.
Lucy Burton made a motion to suspend the Food Establishment Permit of John’s Dogs at Mashpee Commons until the next BOH meeting. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:45 – Capewide Enterprises, Inc. – Commercial/Industrial Site Plan – 203 Industrial Drive
Joao Junqueira and Richard Capen with Capewide Enterprises, Inc., introduced themselves to the Board.
Glen Harrington commented that this was a review and approval request for a commercial/industrial site plan. The plans were reviewed during a Site Plan Review, comments were made and the plans were amended accordingly. The plans include all the required restrictions for a commercial property and drainage that has a subsurface drainage component. The septic is proposed to be a 590 gpd system and is only to service Capewide Enterprises use of the property. No other contractor storage or leasing is proposed for the property. Capewide is a construction, excavation, septic install, pumping & inspection service company similar to A & K Septic located at 131 Industrial Drive. Glen Harrington stated his belief that Capewide Enterprises, Inc. wishes to have outdoor storage of aggregate, etc.
Glen Harrington stated that site, septic and drainage plans are up for review, and that he has no problems with the site plan.
Lucy Burton made a motion to approve the plans as submitted for Capewide Enterprises at 203 Industrial Drive. Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrant. Board members signed the warrant.
2. Approve BOH Minutes
- Public Session Minutes: 3/24/10
Lucy Burton made a motion to approve as amended the minutes of the BOH Public Session held on March 24, 2010. Kalliope Egloff seconded the motion. The motion was unanimously approved.
- Public Session Minutes: 4/14/10, 5/05/10
Approval of the minutes from the 4/14/10 and the 5/05/10 BOH Public Sessions was continued until the next BOH meeting.
- Executive Session Minutes: 3/24/10, 5/05/10
Approval of the minutes from the 3/24/10 and 5/05/10 BOH Executive Sessions was continued until the next BOH executive session.
3. Popponesset Marketplace – Omar’s Cottage.
Burton Kaplan reviewed the background information on Omar’s Cottage, stating that there was an April 1, 2010 deadline set for work to be performed via a permit issued by the Board of Health, including the following:
1) The Bull Run valve access cover shall be brought to grade
2) The existing decayed D box shall be replaced with an H-20 loading D box with access cover to grade by a licensed septic installer
3) The connection from the cottage to the conference center shall be performed in accordance with an engineered design plan indicating gravity flow
The above-stated requirements were stated in a letter from the BOH dated 11/02/09 to Jeffrey Ryther, P.E. at BSS Design. Glen Harrington stated that to date the work has not been completed. Glen Harrington spoke to Rita, a property manager with New Seabury Real Estate, who said that the engineering work is done, but the Town has not seen the engineering plan from BSS Design.
Glen Harrington’s recommendation was that the BOH should condemn Omar’s Cottage until the septic line is installed. Glen stated that the BOH needs to inspect the property to ensure that the cottage is unoccupied, before issuing an emergency condemnation. If the unit is occupied, then there is another process that will need to be followed.
Lucy Burton made a motion that the BOH condemn Omar’s Cottage at Popponesset Marketplace until the designated work has been completed, with a permit. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Review of Revised Tobacco Regulation
Glen Harrington stated that he has not yet had a chance to install the revisions into the BOH tobacco regulation, but did get a copy of the Bourne tobacco regulation and was able to download it. Glen stated that he would have the revised regulation for the Board’s review at the next meeting.
Glen Harrington stated that the Bourne regulation bans only e-cigarettes, but no other non-tobacco nicotine products. Glen Harrington stated that he wants to think about how to deal with the other products, and would like to treat them like cigarettes unless they are cessation products. Two other Cape towns do include all the non-tobacco nicotine products in their tobacco regulations.
OLD BUSINESS
1. 14 Seconsett Point Road – Title V
Glen Harrington reported that Mr. Federico still has a $500 BOH fine pending and has been working with Kendall Ayers, Director of the Barnstable County Community Septic Loan Program, to secure a loan to pay for the septic repairs. Mr. Ayers has stated that he will not issue Mr. Federico a loan because of the $500 outstanding BOH fine. The tenant at the property is not paying any rent because the septic system is not yet repaired. Glen Harrington suggested that rather than condemn the property and have the tenant move out and the town pay for her moving expenses, have the Town issue the loan and incorporate the $500 fine into the loan, at 5%. Town Manager Joyce Mason has given her approval for this resolution to the problem. Glen Harrington stated that he would need to get copies of the three bids
from the contractors, and then could move forward with the plan.
2. 15 Holly Farm Drive
Burton Kaplan reported that on Saturday afternoon, May 8, 2010, both he and Lucy Burton received a phone call from Mashpee Police/Fire Rescue regarding a housing situation at 15 Holly Farm Drive. An emergency phone call made to Mashpee Police was apparently from a woman, owner of the house, who was unable to walk, couldn’t talk, and was seemingly under the influence of serious drugs. A teenage son, who had been living with her, was contacted who stated he would contact the woman’s former husband who lives in California, to deal with the situation. An inspection was conducted by Lucy Burton and Burton Kaplan who reported floors throughout the 3-bedroom house to be covered with a layer of animal feces. Two dogs were locked in one of the bedrooms, and a cat was also inside the house. The cabinets were
falling off the walls in the kitchen, the floors were covered in a layer of debris, the master bathroom toilet wasn’t functional and the same bathroom walls were covered in mold. The exterior grounds of the house were also covered with animal feces. Only one of the two dogs was found to be licensed.
Glen Harrington stated that he had attempted to make an inspection of the property today but was unable to gain access to the building, as no one was home. Glen will request reports from the police and fire departments and will post the property and serve the property owner notice via certified mail that she must set up a date with the BOH for an inspection of the property and will give her until next Tuesday, 5/18/10 to respond. If the owner fails to respond, then the BOH will obtain an administrative warrant for inspection of the property.
3. 34 Uncle Edwards Road
Glen Harrington reported that the work was completed.
4. Recycling Table - FYI
Burton Kaplan reported that there was an 8 ½% increase in recyclables in the Town of Mashpee in the period from January through April 2010. The Transfer Station has reported no change.
5. School Cafeteria Issues
Glen Harrington reported that there have been no further comments or complaints on the school cafeterias. Veronica Warden has been inspecting the school cafeterias and has found no problems.
6. Board of Selectmen Reorganization
Burton Kaplan reported that, based on the recent Town election of Carol Sherman to fill the vacant position on the Board of Selectmen, Theresa Cook is now the Chairman, John Cahalane is Vice Chairman, Michael Richardson is Clerk, and Wayne Taylor and Carol Sherman are Members-at-Large.
Glen Harrington stated that the Board of Health appointments run through June 30th. After July 1st, 2010, and the Board members have been re-appointed, the Board members can reorganize. Glen Harrington stated that he will confirm tomorrow that each Board member must submit a letter requesting reappointment to the Board of Health.
Burton Kaplan reported that he has been appointed to the Sewer Commission as a member at large.
DISCUSSION
FYI – Flavored Tobacco Pellets and Tobacco Plain Packs –NY Times
Glen Harrington distributed copies of articles taken from the New York Times regarding the novel non-tobacco nicotine flavored products that are aimed toward youth appeal. Oregon Senator Merkley is quoted in the article as saying that they are tobacco candy. Everything about them is designed for kids, and research proves that for people to be addicted to nicotine, you have to get them before 21 when their brains are still developing. Glen Harrington stated that he needs more time to work on revising the BOH Tobacco regulation to include coverage of the non-tobacco nicotine products.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, May 26, 2010, at 7:00 PM, Mashpee Town Hall. As there was no further business, the meeting was adjourned at 8:32 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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