TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, May 26, 2010
Board 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 McGuire – Unwanted Pharmaceuticals
Mike Maguire was not in attendance at the meeting.
7:45 Down Cape Engineering – South Cape Resort - 950 Falmouth Rd. – BOH Variance Request
Glen Harrington stated that Down Cape Engineering had provided a site plan for the repair of failed septic systems for South Cape Resort buildings #3, #6, and #9 and was requesting a variance from the Title V septic regulation which states that the reserve leaching area shall be developed at the same time as the primary area and a valve shall be installed in such a manner as to allow the alternate use of leaching facilities.
Dan Ojala, P.E., PLS of Down Cape Engineering, introduced himself to the Board. Mr. Ojala stated that he was requesting a single leaching, not both primary and reserve leaching, as there is no room for the reserve leaching. Mr. Ojala stated that there is also a financial issue for the condominium association, in that it is a huge financial undertaking for them and they prefer to do the single leaching at this time.
Glen Harrington commented that the Board had just been through this same scenario with Sea Oaks Condominiums, and the BOH allowed them to do the septic repair without a denitrification system. Glen stated that the facility aggregation does not apply because the condominium was in place prior to 1980. Therefore, the Board can allow the septic upgrade to be done.
Roseline Cassidy, Property Manager at South Cape Resort, introduced herself to the Board. Ms. Cassidy stated that from November to March there is a 10% rate of occupancy at the South Cape Resort, as the resort is a timeshare condominium development.
Glen Harrington stated that he agreed with the engineer and with the variance request, but would need a Page 2 with a detail of the flows for each of Buildings #3, #6, and #9. Also, garbage grinders need to be removed so that the flows would match up to Title V and to what capability was provided. The second 1500 gallon septic tank they’re proposing to add is per Title V where the flow is only 1,320 gallons per day for each of these systems. As two compartments are required, the second tank would act as a second compartment.
Lucy Burton made a motion to approve the septic upgrade for South Cape Resort subject to the following conditions: that garbage grinders throughout the complex are removed, that a page 2 with details of the flows for each of Buildings #3, #6, and #9 are submitted to the Board of Health, and that all work is completed by December 31, 2010. Kalliope Egloff seconded the motion. The motion was unanimously approved.
8:00 PM John’s Dogs – “Summary Suspension” – Food Code Violation
John Jasset, owner of John’s Dogs, introduced himself to the Board.
Glen Harrington reviewed the case for the Board, stating that last year, John Jasset had purchased Sandy’s Hot Dogs which was the operator for the Mashpee Commons cart. This year, Glen stated that Mr. Jasset had given the BOH an application both for the Echo Road and Mashpee Commons cart locations, and Glen separated them by address, one for Echo Road and one for Mashpee Commons. Glen stated that when it came to his attention through a complaint from the Board of Selectmen’s office that the Mashpee Commons cart was operating, he went down to Mashpee Commons on May 7, 2010 and met with two women who were running the cart for Mr. Jasset. At that point there was no permit that had been issued for the cart, and the two women who were operating the cart were not Certified Food Managers, and therefore Glen
stated that he had them close the cart. The two women contacted John Jasset who came to the BOH office, and an inspection for the cart was scheduled with John Jasset for that Friday afternoon, May 7th, to get the cart permitted to operate. Glen stated that John Jasset is trained as a Certified Food Manager, and therefore allowed Mr. Jasset to operate the cart that afternoon. That following weekend, the cart was observed in the parking lot with the tarp off, and food was observed on the cart with no one in attendance. Both of these criteria are considered imminent health hazards and therefore were critical violations. At the last BOH meeting on 5/12/10 the Board issued a summary suspension based on those findings. John Jasset was informed by the BOH that he could request a hearing within 3 days of the suspension but opted not to request a hearing as he still had a permitted operable cart at Echo Road.
John Jasset apologized for what had happened, stating that he had injured his ankle on Saturday, May 8th, and had an appointment with an orthopedic surgeon in Boston on Monday, May 10th and could not attend a BOH hearing that day. Mr. Jasset stated that he thought, mistakenly, that the permit for the cart was good until the end of May and not until the end of the year 2009. Mr. Jasset added that the employees who left the cart uncovered on the weekend had taken advantage of his absence, knowing that he would not be around to check on the cart, and one of those employees has since been fired. Mr. Jasset stated that he has ordered a new tarp covering for the cart, and is working with John Renz of Mashpee Commons Management o locate an inside storage space for the cart, or at least a less conspicuous
location, somewhere within Mashpee Commons. In the meantime, Mr. Jasset plans to return the food containers to Dennis each night for storage.
The BOH had concerns about the menu options for the cart, including lobster, for example, and the need for a portable refrigerator to be powered by electricity from Mashpee Commons. Mr. Jasset stated that he would have a generator available to provide electricity for a portable refrigerator. Mr. Jasset stated that all cart staff are certified Food Managers. One employee will be working the cart during the week, with two employees available on Thursday through Sunday. Mashpee Commons public bathroom facilities will be available to the employees for their use.
Lucy Burton made a motion to approve the 2010 Mobile Food Permit for Big John’s Dogs with the following stipulations:
- Employees operating the cart must be Certified Food Managers
- Written approval from JP’s Oceanside Grill and a copy of Mr. Jasset’s Dennis Food Establishment permit must be provided to the Board of Health
- Menu items must be limited to non-hazardous foods until mechanical refrigeration is provided
- A less conspicuous overnight storage location for the cart must be found somewhere within Mashpee Commons grounds.
Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session Minutes: 4/14/10 and 5/05/10
Kalliope Egloff made a motion that the Board approve the minutes of the BOH meeting held on Wednesday, 4/14/10. Burton Kaplan seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion that the Board approve the minutes of the BOH meeting held on Wednesday, May 5, 2010. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion to add to the agenda the approval of BOH minutes from the Public Session meeting held on Wednesday, May 12, 2010. Kalliope Egloff seconded the motion. The motion was unanimously approved.
The Board members made corrections to the BOH 5/12/10 Public Session minutes.
Lucy Burton made a motion that the Board approve as amended the minutes from the Public Session meeting held on 5/12/10. Kalliope Egloff seconded the motion. The motion was unanimously approved.
3. Weston & Sampson – Asher’s Path Landfill 2011 Environmental Monitoring Proposal
Lucy Burton made a motion that the BOH accept the proposal submitted by Weston & Sampson for FY 2011 for the Asher’s Path Landfill inspections. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Revised Smoking Regulation
Glen Harrington stated that he has received information regarding nicotine-based products from other Cape Town Boards of Health but has not had a chance to break it all down.
Burton Kaplan reported on an article in the June 2010 issue of Popular Science, page 34, which discusses the use of tobacco for the development of flu vaccine.
5. Falmouth Enterprise Article re: Falmouth Issue with Trash Haulers
Kalliope Egloff commented on an article appearing in the Falmouth Enterprise which reported on issues the Town of Falmouth is experiencing with trash haulers tipping at Bourne instead of taking their trash to MMR, per their contract with Falmouth, resulting in fines of up to $50,000 per year to Falmouth.
OLD BUSINESS
1. Public Health Regionalization Advisory
Glen Harrington stated that the issue of Public Health regionalization is extremely important because there are jobs on the line due to the budget issues that are directly tied to it. Glen stated that Mashpee would be targeted because it is one of the smaller towns on the Cape, and by having one of the stronger remaining county governments left in the state and the strong public health environment departments there, it is very possible that the legislature would want to see them running the Cape rather than the individual towns. It would be a long row to hoe in that there are other statutes in place like home rule where towns have the right to make their own regulations and where there are active Boards of Health there. Glen stated that there are areas in the state that are regionalized and are doing a great job. Glen
Harrington stated that state regionalization is currently at the legislative level in draft form and is probably two years away from approval.
2. 48 Fells Pond Road
Glen Harrington reported that he had been informed by Waste Water Treatment Services that they had the go-ahead from the property owner to do the rock installation around the blower.
3. 15 Holly Farm Drive
Glen Harrington reported that a lot of work has been done but there is a lot more work yet to be done. Animal Control was notified, and the Fire Department was notified to see that the smoke detectors are working. Glen sent information about the Department of Agriculture to the owner so she could get a loan, and also put down a time limit of 30 days from her receipt of the letter to go back into the house, so she is still on a timeline. Glen Harrington stated that the Department of Human Services has also been informed of the situation at 15 Holly Farm Drive.
4. Woody Vegetation at the Landfill
Glen Harrington stated that he sent the request regarding the woody vegetation at the landfill to Catherine Laurent at DPW but has not had any response. Glen Harrington stated that he sent a work order to Catherine Laurent with a map of the vents that need to be fixed. Kalliope Egloff posed the question as to whether there may be a communications gap between Catherine Laurent and those who are responsible for the maintenance at the landfill.
DISCUSSION
1. Weston & Sampson Spring 2010 Semi-annual Monitoring Report – Asher’s Path Landfill
Glen Harrington reported that everything came back clean and good as far as the gas monitoring and the ground water sampling. Glen Harrington stated that he talked to Weston & Sampson about SGW 13 well and learned that they did find the construction line for it, and it is a 67 ft. deep well, going all the way down to ground water. Weston & Sampson estimated $6,000 for the repair work, which Glen Harrington felt was high, and will attempt to secure a lower bid.
Lucy Burton made a motion that the Board go into an executive session, not to return to the public session. Kalliope Egloff seconded the motion.
Roll Call Vote: Lucy Burton, yes; Kalliope Egloff, yes; Burton Kaplan, yes. The motion was unanimously approved. As there was no further business, the public session meeting was adjourned at 8:30 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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