TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Mashpee Town Hall – Conference Room 1
Minutes of the Meeting of Wednesday, Sept. 29, 2010
Board Members Present: Member Absent: Also Present:
Kalliope Egloff, Chairman Lucy Burton, Co-Chairman Glen Harrington, Health Agent
Burton Kaplan, Clerk
Chairman Kalliope Egloff called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM Ron Rice – Violation Septic System Inspection Regulation
Glen Harrington reported that Mr. Rice contacted the BOH to say that he would be unable to attend the meeting tonight. Glen stated that a letter and a “Show Cause” order dated 9/08/10 had been sent to Mr. Rice re: septic inspections at 117 Sunset Strip and 33 Christopher Lane, Mashpee. On 7/28/10 and 8/02/10 the BOH contacted Mr. Rice regarding the incomplete septic inspection report for 55 Christopher Lane which failed to indicate whether an inspection port on the infiltrators was present or installed and whether a riser was present or installed on the distribution box, per the BOH regulations Part IX, Section 17.00 Septic System Inspection Regulations.
On 8/16/10 Mr. Rice submitted a septic inspection report and a check for $25.00 for 117 Sunset Strip, Mashpee. The report indicated “Needs Further Evaluation by the Local Approving Authority”. The BOH notified Mr. Rice that the BOH fee for “Conditional Passes” and “Needs Further Evaluation” is $100.00.
Glen Harrington stated that the required additional $75.00 for the inspection at 117 Sunset Strip had been received from Ron Rice by the BOH, and that the risers have been installed at 33 Christopher Lane, and therefore no further action is required by the BOH at this time.
Burton Kaplan made a motion stating that no further action by the Board of Health was required at this time with respect to the outstanding septic problems at 33 Christopher Lane and 117 Sunset Strip. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:30 Central Mass. Disposal (d/b/a Cape Waste) Solid Waste Operations
Brian Arcoite and Jamieson Herrick from Central Mass. Disposal introduced themselves to the Board.
Glen commented that Central Mass. Disposal had purchased Cape Waste in the beginning of 2010, and the BOH had received complaints at the end of the summer from the condominium owners that directly abut the Popponesset Marketplace,.and also from the units that were behind the six dumpsters themselves: 3 recycling, 3 trash, and one grease trap. Upon inspection, Glen found that the odor would be a nuisance to the abutting condominiums and their occupants. Glen contacted Cape Waste about the problem, who then removed two dumpsters, and the remaining dumpsters were deodorized. Brian Arcoite assured the Board that, come next summer, he will put in place all necessary safeguards to avoid any nuisances that occurred this season.
Glen Harrington stated that he sent pictures of the dumpsters that were taken, as well as a copy of the dumpster regulation, to Chris Burden, owner of the Popponesset Marketplace, so that he was aware of the problem that occurred this season.
Kalliope Egloff reminded Brian Arcoite of the importance of monthly reporting to DPW of their trash and recyclable tonnage deposited amounts.
7:45 Sandra Stastny – 2010 Stable License Revocation – 72 Old Colony Drive
Glen Harrington stated that on 9/20/10, Benjamin Perry, Animal Control Officer/Animal Inspector, received a complaint regarding neglect of a horse at 72 Old Colony Drive in Mashpee. On 9/21/10, Mr. LaBlond and Mr. Charbonier, representatives from the MA. SPCA, Dr. Harry Ernst, DVM, Benjamin Perry, Animal Control Officer/Animal Inspector, and Veronica Warden, Asst. Health Agent went to the site to conduct an inspection of the horse and barn. Upon arrival they were told that the horse had been euthanized earlier that morning by Dr. Jonathan Leach, DVM.
At that time, Dr. Ernst performed a visual inspection of the horse, and stated that the bodily fluids emanating from the horse’s nose indicated a massive infection. At the request of Dr. Lorraine O’Connor, DVM from the State Dept. of Agriculture, the head was removed and sent to the State Laboratory in Jamaica Plains for testing.
As of 9/22/10, the Board of Health suspended Sandra Stastny’s 2010 Stable License until she met with the BOH on 9/29/10, at which time the Board would review results of the investigation and render a decision as to whether to reinstate her stable license.
Burton Kaplan made a motion that the 2010 Stable License at 72 Old Colony Drive continue to be suspended pending completion of the investigation into the death of the horse under discussion. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Kalliope Egloff stated that she would like to have more information regarding what kind of horse it was, information about the condition of the horse from the stable where Ms. Stastny acquired it, and some feedback from Dr. Leach, so that the Board has some testimony from these sources.
Sandra Stastny introduced herself to the Board, and recited a complete history of her ownership of the horse. Sandra stated that she had gotten the 15-year-old horse in June 2010 from the Animal Rescue League where he had been housed for about 10 months. Sandra stated that he was very thin when she got him, but she had been following the recommendations for feeding and medical care from veterinarian Dr. Leach, who ultimately was unable to diagnose the reason for the sickly condition of the horse, and recommended euthanization, which was done on 9/21/10. Kalliope Egloff asked that Ms. Stastny communicate with Glen Harrington any feedback she receives from the stable where she acquired the horse.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Review Public Session Minutes of 9/15/10. Review of the 9/15/10 BOH Public Session minutes was continued to the next Board meeting with full BOH attendance.
3. Mobil – Request to Extend the Timeframe of BOH orders, and Request for 2010 Food Establishment, Retail, and Tobacco Licenses.
Attorney Kevin Kirrane introduced himself to the Board as representing Global Montello Group, Inc. Mr. Kirrane stated that Global Montello Group, Inc. was acquiring Mobil on the Run and was applying for the following three permits: Retail Food Establishment Permit, Tobacco Sales Permit, and Food Service Permit.
Glen Harrington stated that there were no outstanding issues related to Mobil on the Run, and would like to see the management transfer take place, and work with the new management once they are in the newly renovated location.
Burton Kaplan made a motion to accept the request for transfer of the Retail Food Establishment permit, the Tobacco Sales Permit, and the Food Service Permit from Mobil on the Run at 548 Falmouth Road to Global Montello Group. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Mashpee Pop Warner – Food Code Violation
Kristin Fraser, Vice President of Mashpee Pop Warner, introduced herself to the Board.
Glen Harrington reported that the water line issue has been taken care of, and the other issue was that the concession stand had not been permitted for 2009 and 2010. Glen Harrington stated that there has now been a food establishment permit application submitted for 2010 and there are only a few games left to complete the 2010 season.
Burton Kaplan made a motion to accept the Food Establishment Permit submitted by Mashpee Pop Warner for the 2010 calendar year. Kalliope Egloff seconded the motion. The motion was unanimously approved.
5. Dunkin’ Donuts – Request for 2010 Food Establishment License
Glen Harrington reported that the BOH had done a floor plan review, making some changes during the review, and had emailed revised plans to the architect. The fee, application, and certified food manager forms have been submitted and the floor plan has been approved by staff.
Burton Kaplan made a motion that the BOH approve the Food Establishment Permit application submitted by Dunkin’ Donuts for their operation at 401 Nathan Ellis Highway, Mashpee. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Revised Tobacco Regulation
Tony Pizzo introduced himself to the Board, and requested that he present his prepared remarks to the Board on the subject of the revised tobacco regulation issue. Tony Pizzo reiterated his position on the Board’s possible decision to include e-cigarettes as a banned product under the BOH Tobacco Regulation, asking the question as to why the Board would want to ban a product that is not harmful to anyone, and is helpful to those who are attempting to wean themselves from the use of tobacco products. Mr. Pizzo added his feeling that the FDA approval of e-cigarettes is unnecessary.
Kalliope Egloff thanked Tony Pizzo for his attendance at the meeting tonight, and asked that he distribute a copy of his remarks to the Board members via email. Kalliope Egloff stated that the Board would not be addressing the subject of revisions to the tobacco regulation until a full Board membership was in attendance, but thanked Mr. Pizzo for his thoughtful input and his time.
2. E-Filing Regulation
Glen Harrington stated that he planned to bring the regulation to Tom Mayo for further discussion.
3. Septic System Inspection Regulation
A copy of the amended Septic System Inspection Regulation was distributed to the Board. The following paragraph was added to Section D as #5: “Septic tanks identified during septic inspections that are more than 30 years of age from date of installation shall be replaced.”
Burton Kaplan made a motion that the Board approve the amended Septic System Inspection Regulation as presented to the Board on 9/29/10. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. 48 Santuit Pond Road
Glen Harrington stated that on a follow-up inspection at 48 Santuit Pond Road today he found that the housing violations had been taken care of by reducing the occupancy to at least six, and to opening up the lower level bedroom door to a 6’ cased opening. Repairs have been done to the rear steps, and all of the exchange students have vacated the premises.
5. 142 Lovell’s Lane
Glen Harrington reported that he put in a call to the owner to let her know that the well had to be retested, but had received no response. The Board gave the owner prior permission until October 1, 2010 to have the well tested, so the Board needs to address this at its first meeting in October, scheduled for 10/13/10.
6. 15 Holly Farm Road
Glen Harrington reported that in mid-August he had a scheduled inspection appointment which was cancelled by the owner. Glen stated that repairs still need to be completed, and some sanitary issues still exist. Glen stated that he and Ronnie Warden are scheduled for an inspection on Friday, Oct. 1st. The Board will keep 15 Holly Farm Road on their ‘Old Business’ tickler file.
7. Gibbs Rubbish Removal
Glen Harrington reported that at the last Board meeting, representatives from Gibbs Rubbish Removal appeared before the Board and were fined $1000, which they have paid. Gibbs Rubbish has also submitted an application for a 2010 haulers permit for the remainder of the year, with the $500 fee as well as an insurance bond for $10,000. Glen Harrington stated that Tammy Gibbs challenged the requirement that haulers need a permit just to haul the refuse over the roads in Mashpee, stating that she had checked with the Sandwich DPW who said this was not true. Glen Harrington plans to check with Town Counsel to clarify the issue.
Burton Kaplan made a motion that, subject to a truck inspection, the Board approve the application for a 2010 Transit Haulers Permit for DMG Enterprises, d/b/a Gibbs Rubbish Removal. Kalliope Egloff seconded the motion. The motion was unanimously approved.
8. Monitoring Well Replacement
Glen Harrington stated that he is still waiting to receive a proposal from Weston & Sampson regarding replacement of the well. Glen will provide the Board an update at the next meeting.
DISCUSSION
1. Flu Clinics
Glen Harrington reported that public flu clinics have been scheduled for 11/16/10 and 12/07/10 at Christ the King Church. Glen stated that he has been in touch with Ann Bradshaw regarding setting up schedules for flu clinics at the schools as soon as an adequate supply of nasal spray vaccine for young children is received.
Burton Kaplan made a motion that the Board of Health Public Session be adjourned, and enter into Executive Session, not to return to Public Session. Kalliope Egloff seconded the motion.
Roll Call Vote: Burton Kaplan, yes; Kalliope Egloff, yes.
The Public Session was adjourned at 8:20 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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