TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Mashpee Town Hall – Conference Room 1
Minutes of the Meeting of Wednesday, October 27, 2010
Board Members Present: Member Absent: Also Present:
Kalliope Egloff, Chairman Burton Kaplan, Clerk Veronica Warden, Asst. Health Agent
Lucy Burton, Co-Chairman Lt. Jon Read, Mashpee Police Dept.
Ben Perry, Animal Control Officer
Chairman Kalliope Egloff called the meeting to order at 7:05 PM.
APPOINTMENTS
7:15 PM – Scott Wheeler – “Show Cause Hearing” – Housing Condemnation: 51 Santuit Pond Road
In a letter from the BOH to Mr. Scott Wheeler of 16 Webster Street, Nashua, NH. , dated 10/12/10, Mr. Wheeler was ordered to appear before the Board of Health on 10/27/10 to show cause as to why the Board should not cause the dwelling at 51 Santuit Pond Road, Mashpee, (Assessor’s Map 17, lot 27) to be demolished or removed. On October 10, 2007, the BOH issued a finding that due to non-compliance with Housing Code violations the dwelling was deemed unfit for human habitation and thereby condemned.
Mr. Wheeler was not in attendance at the 10/27/10 BOH meeting.
Lucy Burton made a motion that the Board of Health refer decision on demolition of the dwelling at 51 Santuit Pond Road to Mashpee Town Counsel Patrick Costello. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:30 PM – Mary and Stephen Nickerson – Show Cause Hearing – Sanitary Code Violations: 17 Childs Road
Stephen Nickerson, owner of the property located at 17 Childs Road, introduced himself to the Board. Mr. Nickerson stated that in January, 2010, the BOH conducted an inspection of the dwelling at 17 Childs Road looking for molds and found none, but did find a draft at the front door and the back door. Mr. Nickerson stated that he was instructed, via receipt of a certified letter from the BOH dated 1/27/10, to correct/repair the violations within a maximum of 30 days of receipt of the letter. Mr. Nickerson stated that he hired a contractor to perform the work in early February, 2010. However, observations by the BOH during a reinspection of the exterior of the dwelling on 10/08/10 indicated that the work had not been completed.
Mr. Nickerson stated that he did not follow up with the contractor in February 2010 re: completion of the work, which was not done. However, Mr. Nickerson stated that within the past two days, the work has been completed by the same contractor, who installed two steel doors, one in the front and one in the back, both of which are air-tight. Mr. Nickerson apologized to the Board for his failure to follow up with the contractor in February 2010, and accepted responsibility for failure to complete the required repairs within the required BOH timeframe.
Lucy Burton made a motion that the BOH fine Mr. Nickerson $200.00 for failure to comply with the order to complete the repairs on the property located at 17 Childs Road, Mashpee, within the required time frame. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:45 Patrick McDonnell – “Show Cause” Hearing – Housing Violations: 35 Ashumet Rd, Unit 8D
On July 27, 2010, the BOH sent a certified letter to Patrick McDonnell at 21 Village Green Circle in Mashpee, regarding violations of the State Sanitary Code, Chapter II “Minimum Standards of Fitness for Human Habitation” at 35 Ashumet Road, Unit 8D. The letter ordered Mr. McDonnell to correct/repair the Section 750 violations within 24 hours and the remaining violations within 30 days of receipt of the letter and to contact the BOH when the repairs were corrected so that a re-inspection could take place to determine compliance.
As of 10/14/10 Mr. McDonnell had failed to contact the BOH per the order letter, and in a second letter from the BOH dated 10/14/10, he was ordered to appear before the BOH on 10/27/10 for a “show cause” hearing.
Mr. McDonnell was not in attendance at the 10/27/10 BOH meeting.
Lucy Burton made a motion that the BOH refer a decision on action re: Unit 8D, Oak Hollow Condominiums at 35 Ashumet Road, to Mashpee Town Counsel Patrick Costello. Kalliope Egloff seconded the motion. The motion was unanimously approved.
8:00 - Horsley Witten Group – Variance – 483 Great Neck Road South
Tom Lee, with Horsley Witten Group, introduced himself to the Board as representing the Indian Health Service, NAO, at 483 Great Neck Road South.
Mr. Lee stated that the Mashpee Wampanoag Tribe wishes to install two trailers on the property located at 483 Great Neck Road South, one to serve as a medical trailer, and one for the Administrator’s trailer. Tom Lee stated that the Mashpee Wampanoag Tribe was asking for approval of a variance from the Title V Mashpee Regulation Section 5.4, which requires installation of a reserve leaching bed, because their proposed septic design includes I/A systems to provide nitrogen reductions. Tom Lee added that any unwanted medications would be disposed of separately, and would not go into the septic system.
Tom Lee reminded the Board that this septic system is temporary, until the new Government Center is constructed on the property in two years.
Lucy Burton made a motion that the BOH approve the variance request as submitted by the Wampanoag Tribe. Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Review Public Session Minutes: 9/15/10, 9/29/10, 10/13/10
Review of the minutes was continued to the next BOH meeting with full Board member attendance
3. FY 2012 Budget
Kalliope Egloff noted that the only change from last year’s budget is a 2% reduction of funding for part-time clerical staffing.
Lucy Burton made a motion that the Board accept the FY2012 budget as presented. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
Sandra Stastny
The following individuals introduced themselves to the Board:
- John Gara, attorney representing Sandra Stastny
- Lt. Jon Read, Mashpee Police Department
- Ben Perry, Animal Control Officer with the Mashpee Police Department
Lt. Jon Read began the proceedings, leading Officer Ben Perry through his past interactions with Sandra Stastny at her residence.
July, 2009: Officer Perry was called to assist with retrieving Ms. Stastny’s horse, Penny, who got loose and was rounded up and brought back to the yard. At that time, Office Perry discovered that Sandra Stastny did not have a current stable license. During the licensing process it was discovered that the barn was not properly located on the lot and had to be moved, the horse’s food was not being stored in an appropriate location, the flooring of the barn was plywood with no rubber padding, the feed buckets were on the floor of the barn and were plastic, not metal, and the fence needed a gate. Officer Perry stated that after Sandra Stastny corrected all these issues, her stable license was issued in the fall of 2009.
August 2009: Ben Perry stated that he was contacted by Horse Rescues about the condition of the horse, Penny, who was showing signs of becoming emaciated with ribs showing. Several months later Officer Perry was receiving reports that the horse’s condition was continuing to decline, and he contacted Sgt. Tom Flanagan at the Animal Rescue League who examined the horse and agreed that the horse was getting thin. At that time, information regarding the worsening condition of the horse was given to Sandra Stastny’s son re: Mass. General Law 277 which states that neglect can lead to charges of cruelty to animals.
November 2009: Upon follow-up inspection of the horse in November 2009, Officer Perry learned that Sandra Stastny had traded the horse, Penny, for a much larger horse, Coco, from Wendy Ford at a horse farm in Bridgewater. Officer Perry learned that Ms. Stastny returned Coco to Wendy Ford after two months, because the horse was too big for her to handle.
June 27, 2010: Ms. Stastny adopted the horse Guthrie from the East Bridgewater rehabilitation stable owner Deborah Bell.
September 21, 2010: Officer Ben Perry stated that his next contact with Sandra Stastny was on September 21, 2010, after receipt of a phone complaint on 9/20/10 that a horse at 72 Old Colony Drive was in very poor condition. Officer Perry stated that on September 21st, he, Mr. LaBlond and Mr. Charbonier from the MSPCA, Bourne Veterinarian Dr. Harry Ernst, 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, Guthrie, had been euthanized earlier that morning by Dr. Jonathan Leach, DVM. Officer Perry stated that Dr. Ernst examined the body of the horse and noted that the left side of the head was badly swollen, with a yellowish/green discharge emanating from the horse’s nostrils. The head of the horse
was taken for testing of communicable diseases (West Nile virus, EEE, and rabies) with negative results.
Officer Perry summarized his remarks by stating that in his opinion, the result of Guthrie’s worsening condition was negligence, but not intentional negligence, on the part of Ms. Stastny, due to her lack of knowledge and inexperience in the proper care and feeding of horses.
Deborah Bell introduced herself to the Board as manager of the stable in East Bridgewater that regularly rehabilitates horses, stating that she had rescued Guthrie from a horse auction. Ms. Bell stated that at the time Ms. Stastny adopted Guthrie, the horse had recuperated and was in good health. Ms. Bell stated that an email had been sent to Sandra Stastny at the time of her adoption of Guthrie in June, 2010 regarding the details of proper food and food preparation for the horse, which Ms. Stastny stated she never received.
Walter Silva, an employee at the East Bridgewater stable, introduced himself to the Board, and stated that Guthrie had put on weight during his stay at the East Bridgewater stable, and was in very good health at the time he was adopted by Ms. Stastny in June 2010. Mr. Silva stated that he visited Guthrie five weeks after Ms. Stastny had adopted the horse, and learned that Ms. Stastny was giving the horse half the amount of feed that was required for a horse of Guthrie’s age and health. Mr. Silva stated that he said nothing to Ms. Stastny but reported the information to one of the supervisors at the East Bridgewater Stable.
Jacqueline Brito, Veterinarian Doctor who worked with Guthrie at the rehabilitation stables in East Bridgewater, introduced herself to the Board. She reported that the horse was on a special food diet for a horse his age, from the time he arrived at the stables. According to Ms. Stastny, information about special feeding for Guthrie was not conveyed to her.
Dr. Ernst, a graduate of Tufts Veterinary School, introduced himself to the Board. Dr. Ernst’s evaluation of the horse’s condition at that time was that there was gross infection of tissue, that the horse had been unable to swallow his feed, infection had occurred, and the horse probably had choked to death. Dr. Ernst stated that the horse was emaciated, his feet were poorly cared for, and the condition of the horse was abominable. Dr. Ernst’s opinion was that the animal had not been properly cared for.
Sandra Stastny introduced herself to the Board. Ms. Stastny stated that she had followed the instructions given to her from the East Bridgewater stables at the time she adopted Guthrie, regarding the proper care and feeding of Guthrie, including having provided a salt lick for the summer, water buckets both inside and outside his stable, and having made an effort to purchase the recommended type of grain and hay for his feed.
As Guthrie’s condition worsened over the summer, Ms. Stastny stated that she was in constant touch with Veterinarian Dr. Leach, who was unable to diagnose the medical problem with Guthrie. Ms. Stastny stated that ultimately, Dr. Leach recommended either sending Guthrie to Tufts Veterinary Clinic for evaluation, or euthanization, and because Ms. Stastny could not afford the cost of the Tufts Clinic, she opted for euthanization.
Ms. Stastny summarized her remarks by stating that she would like to get another horse, but no time soon, recognizing her need to acquire additional education and training regarding the ownership and proper care of a horse.
Veronica Warden stated her opinion that Sandra Stastny should not be allowed to have a stable license for one year, and that Ms. Stastny should be required to attend classes in the care of a horse before being given a stable license. Ms. Warden added that she did not feel that the neglect by Ms. Stastny in the care of Guthrie was deliberate but was a factor of lack of knowledge and inexperience on her part.
Lucy Burton stated her agreement with Veronica Warden’s assessment of the situation, adding her concern over whether a one-year license suspension was sufficient.
Kalliope Egloff stated her recommendation of a one year stable license suspension, with Ms. Stastny coming back before the Board to report on what she has learned, having connected with a network of people interested in horses and their care, and having completed educational requirements regarding ownership of horses.
Lucy Burton made a motion that the Board continue Ms. Stastny’s stable license suspension for a minimum of one year or until such time that proof of 50 hours of instructional equine education is presented to the Board. Ms. Stastny should keep in touch with Veronica Warden regarding her progress on these requirements. Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEXT MEETING
The next meeting of the Board of Health was scheduled for Wednesday, November 17, 2010, at 7:00 PM. As there was no further business, the meeting was adjourned at 9:10 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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