Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of May 22, 2013
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 7:00 PM.
APPOINTMENTS
7:15 PM – Amy Cerel – Septic Inspection Regulation Variance – 121 Fells Pond Road.
Glen Harrington commented that the homeowner, Amy Cerel, is requesting a variance from the septic inspection regulation. Mr. Harrington inspected the property and did not see an issue with access to the tank, and a full Title V inspection has not been performed as yet.
Kalliope Egloff made a motion that the Board of Health deny the variance request for 121 Fells Pond Road and to require a full septic inspection. Lucy Burton seconded the motion. The motion was unanimously approved.
7:20 PM – Public Hearing – Draft Tanning Regulation.
Deirdre Arvidson, Barnstable County Public Health Nurse, introduced herself to the Board and discussed the dangers of tanning by teenagers under the age of 18. Ms. Arvidson showed a PowerPoint presentation of the results of her survey of teens and their experiences and opinions about tanning. Teenagers don’t realize the severity of skin cancer or the results of their behavior was the ultimate result of her surveys.
Those that attended this Public Hearing informed the Board of their cancer stories and the risks of tanning and presented their opinion in passing the tanning regulation. Teenagers don’t realize the severity of skin cancer.
A local tanning salon owner, Amy Maio, set her own regulations. No one under the age of 15 is allowed to tan, and anyone under the age of 18 must have a parent present to sign a consent form in order to use the tanning beds at her salon, SunSational Tanning. Ms. Maio feels education on the dangers of tanning is important.
Lucy Burton expressed her concern about tanning for those under the age of 18. Ms. Burton would like the Board to consider revising the draft tanning regulation to have anyone under the age of 18 not allowed to tan.
Burton Kaplan would like to continue discussion of the draft tanning regulation to the next Board of Health meeting.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Review/Approve BOH Public Session Minutes: April 24, 2013, and May 8, 2013.
Kalliope Egloff made a motion that the Board of Health approve the Public Session minutes of April 24, 2013, as amended. Lucy Burton seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion that the Board of Health approve the Public Session minutes of May 8, 2013, as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved.
3. Request for Farmer’s Market Permit: Nicole Cormier, Mashpee Commons.
Burton Kaplan stated that a Farmer’s Market is to be held Saturdays beginning June 1, 2013, through October 12, 2013, from 1:30 to 6:00 PM at Mashpee Commons with stands along both sides of North Street and the road closed to vehicular traffic.
Glen Harrington stated that if the Board allows food samples to be given out, then all of the requirements of the Temporary Food Vending policy must be in place. This includes the anti-bacterial soaps, hand sanitizers, tongs, disposable napkins, gloves, refrigeration, coolers, thermometers, refuse containers, sneeze guards for public display, plastic wrapping, and maintaining time and temperature requirements. Nicole Cormier, the event coordinator, is to be assigned as the Certified Food Manager.
Mr. Harrington commented that the customary fee for temporary food events is $50 a day per vendor. A flat fee per day for the entire event rather than charging each vendor would be less of a burden to the vendors.
Kalliope Egloff made a motion that the Board of Health approve the Mashpee Commons Farmer’s Market for 20 weeks at a flat fee of $100 per week subject to the Health Agent’s inspection, compliance with the Mashpee Board of Health manual offered to the applicant, Nicole Cormier, and confirmation of satisfactory food preparation location for all vendors. Lucy Burton seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Enforceable Agreement Violation – 84 Captains Row – David Chase.
Glen Harrington stated that the fine of $500 has not been received, and the time frame has lapsed. The system was installed, and the Certificate of Compliance was issued by the second time frame. The fine was issued for not installing the system on the original enforceable agreement.
Lucy Burton made a motion that the Board of Health assess a $50 per day fine against the owner and the property of 84 Captains Row until the original $500 fine is paid effective upon receipt of the notification. Kalliope Egloff seconded the motion. The motion was unanimously approved.
2. O & M Violation – 53 Uncle Henry’s Road and 30 Nick Trail – Steven Lewis.
Glen Harrington remarked that the letters were mailed recently, and there still is time to pay the fine. Mr. Harrington will not have the Board address the situation at this time.
3. O & M Violation – 141 Timberlane Drive – Jennifer Thomas.
Mr. Harrington commented that the $300 fine has not been received. The fine was issued for failure to have an Operation and Maintenance Contract. The contract has been executed and submitted, but the fine is still outstanding.
Lucy Burton made a motion that the Board of Health fine $50 per day against 141 Timberlane Drive until the original $300 fine is paid effective upon receipt of the notification. Kalliope Egloff seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
1. 144 Wheeler Road.
Lucy Burton made a motion to add 144 Wheeler Road to the Agenda. Kalliope Egloff seconded the motion. The motion was unanimously approved.
The occupant vacated the condemned property but tried to return on a couple of occasions. The police were notified, and the occupant was removed from the dwelling. The Board of Health was contacted by the occupant in order to correct the violations. The occupant is allowed to return to the property during the day but is not permitted on the property overnight.
Mr. Harrington commented that there are 4 major items that are keeping the property condemnable; there is no refrigerator, no stove, no electricity, and no water. The occupant has demonstrated the ability the pay for these items and to return the property to its previous state. The occupant was given 48 hours to make corrections to the property to comply with the minimum standards for habitation. Mr. Harrington is scheduled to inspect the property on Thursday, May 23, 2013, and will keep the Board advised.
Lucy Burton made a motion that the Board of Health impose a one-time fine of $100 against 144 Wheeler Road. The current tenant/owner/Trustee needs to stay off the property, and a fine of $300 will be imposed for any further removals by the police department. Kalliope Egloff seconded the motion. The motion was unanimously approved.
DISCUSSION
1. Medical Marijuana.
Burton Kaplan commented that the Public Health Council approved the Medical Marijuana Regulations. The comprehensive review of the regulations, written by Attorney Cheryl Sbarra, state that treatment centers may not be sited within 500 feet of a school, day care center or any facility in which children commonly congregate. Mr. Kaplan continued by stating that edible marijuana products are defined as medicine. Local Boards of Health have the authority, but not the obligation to further regulate dispensaries.
Lucy Burton remarked that the Health Department should have the right to inspect the premises and issue food establishment permits because of food safety and allergen awareness. Ms. Burton feels that it is a food product prior to adding marijuana. Ms. Burton would like to amend the regulations and put in place inspections and permits.
Mr. Harrington stated that there are no labeling requirements because it is not a food and does not come under the food code. Caregivers and the treatment centers are the only two areas allowed to make marijuana infused products.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, June 12, 2013, at 7:00 PM. As there was no further business, Kalliope Egloff made a motion to adjourn the Public Session of the Board of Health at 8:41 PM. Lucy Burton seconded the motion. The motion was unanimously approved.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
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