Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of November 13, 2013
Board Members Present: Also Present:
Kalliope Egloff, Chair Glen Harrington, Health Agent
Lucy Burton, Co-Chair
Burton Kaplan, Clerk
Chair Kalliope Egloff called the meeting to order at 7:06 PM.
APPOINTMENTS
7:15 PM – Laura Kelley – NSTAR Right of Way – Herbicide Spraying.
Laura Kelley introduced herself to the Board and discussed NStar’s use of a combination of herbicides in order to keep vegetation from harming the electrical source, and the impact it will have on the drinking water.
7:20 PM – Public Hearing – Proposed Fertilizer Regulation.
Michael Talbot, a resident of Mashpee and appointed member of the Environmental Oversight Committee, introduced himself to the Board.
Mr. Talbot provided information on the use of lawn fertilizers and the impact it has on groundwater. Mr. Talbot commented that seeking ways to mitigate nitrogen in lawn fertilizers may reduce any possible massive sewage infrastructure and reduce the effect on the taxpayers of the Town.
NEW BUSINESS
1. Sign Expense Warrants. The Board members signed the expense warrants.
2. Review/Approve BOH Public Session Minutes: October 9, 2013, and October 23, 2013.
Burton Kaplan made a motion that the Board of Health approve the Public Session minutes of October 9, 2013, as amended. Lucy Burton seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion that the Board of Health approve the Public Session minutes of October 23, 2013, as presented. Kalliope Egloff seconded the motion. The motion was unanimously approved.
3. Request for 2013/2014 Retail Food License: White Lion Baking Company – 439 Nathan Ellis Hy
Glen Harrington commented that Elizabeth Miles of White Lion Baking Company has a Wholesale License and is requesting a Retail Food License. Ms. Miles had to succumb to having a retail counter because of public demand for the product.
Lucy Burton made a motion that the Board of Health approve the Food Establishment Permit for the White Lion Baking Company incorporating the 2013 permit fees into the 2014 Retail Food License and pending inspection by a Board of Health agent. Burton Kaplan seconded the motion. The motion was unanimously approved.
4. Request for 2013/2014 Retail Food License: Next Level Nutrition – 14 Joy Street, Unit C6.
Sharon Morais, owner of Next Level Nutrition, introduced herself to the Board.
Glen Harrington commented that he has met with Ms. Morais several times. Ms. Morais has an Allergen Awareness Certificate and is in the process of obtaining her ServSafe Certificate. The floor plan has been submitted, and the fee will be paid once approval is made.
Ms. Morais stated she is taking the ServSafe course in the event she uses fresh fruits and vegetables when preparing some of the products. Next Level Nutrition is a social meeting place for anyone in the community to sample some of the products and to meet with a wellness coach and be given an evaluation of their health goals.
Lucy Burton made a motion that the Board of Health approve the Retail Food License for Next Level Nutrition for the calendar year 2014. Burton Kaplan seconded the motion. The motion was unanimously approved.
5. Proposed Regulation “Emergency Distribution Box Repairs”.
Glen Harrington commented that this is for the Board’s consideration to discuss a proposed regulation for Emergency Distribution Box Repairs. H-10 Distribution Boxes are not as suitable for Cape Cod soil as H-20 Distribution Boxes. Mr. Harrington will provide the Board with photographs of failed distribution boxes.
Kalliope Egloff stated that the Board of Health agreed that Mr. Harrington advertise the proposed regulation “Emergency Distribution Box Repairs” for 2 consecutive weeks prior to the next meeting on December 11, 2013.
OLD BUSINESS
1. 87 Lighthouse Lane.
Mr. Harrington commented that he spoke to Judith Rivers, owner of 87 Lighthouse Lane. Ms. Rivers informed Mr. Harrington that she is waiting for her Social Security statement so that it can be provided along with her application to the Barnstable County Septic Loan Program.
Lucy Burton made a motion that the Board of Health continue 87 Lighthouse Lane to the next meeting on December 11, 2013. Burton Kaplan seconded the motion. The motion was unanimously approved.
2. 12 Monomoscoy Road West.
Glen Harrington stated that there have been several emails between James Codair and Attorney Laura Moynihan of Falmouth. Mr. Codair provided an addendum to the Purchase and Sale Agreement that indicated the buyer was given permission to have the septic inspected, to appear before the Board of Health to request a variance to the cesspool regulation and to obtain the mitigating enforceable agreement. The buyer failed to handle all aspects of the septic system.
Mr. Harrington requested that the Board of Health rescind the Show Cause hearing that was ordered to Mr. Codair.
Lucy Burton made a motion that the Board of Health rescind the requirement for a Show Cause hearing to the previous owners, the Codairs, for 12 Monomoscoy Road West and proceed with the necessary steps against the new owners to obtain the variance and enforceable agreement and impose fines. Burton Kaplan seconded the motion. The motion was unanimously approved.
3. 600 Gallons per Day Regulation.
Glen Harrington commented that the 600 Gallons per day Regulation is an older regulation that was challenged and not written correctly, where it could be properly enforced. Mr. Harrington would like to schedule a public hearing to amend this sewage regulation with two consecutive advertisements prior to the next meeting to be held on December 11, 2013.
ADDITIONAL TOPICS
1. Marijuana Distribution.
Lucy Burton made a motion that the Board of Health add Marijuana Distribution to Additional Topics. Burton Kaplan seconded the motion. The motion was unanimously approved.
Glen Harrington stated that medical marijuana distribution has been added to the agenda because of a time frame involved where the two applicants for registered marijuana dispensaries need to have a letter of support or non-opposition from the Mashpee Board of Selectmen by November 22, 2013. The Board of Selectmen meet on November 18, 2013, and will make a determination. The Board of Selectmen have requested the Board of Health’s recommendation on the two applicants.
Lucy Burton commended Mr. Harrington on the thorough notes that were provided to the Board of Health on the potential applicants. Ms. Burton stated that she is not ready to support either applicant, but she is not ready to oppose either of them. Ms. Burton would endorse a letter of non-opposition, and if she had to choose between the two current applicants, Medical Marijuana of Massachusetts would be her choice because it has the better business plan.
Burton Kaplan endorses Lucy Burton’s position for a Letter of Non-Opposition for Medical Marijuana of Massachusetts. Mr. Kaplan also chooses not to oppose either applicant.
Kalliope Egloff stated that the Mashpee Board of Health unanimously agreed on a Non-Opposition position for both applicants.
2. Clerk of the Board of Health.
Kalliope Egloff remarked that at the last meeting it was decided the Clerk of the Board of Health will maintain a calendar of items that need to be discussed at a later date and communicate with the Health Department in keeping everything up to date.
DISCUSSION
Mr. Harrington stated that nothing has changed for the FY 2015 Budget. The two contracts that are usually prepared in the spring are for the Landfill and the VNA, and the same amounts will be proposed for the budget as those in previous years.
Kalliope Egloff congratulated Mr. Harrington on a job well-done.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, December 11, 2013, at 7:00 PM. As there was no further business, Lucy Burton made a motion to adjourn the Public Session of the Board of Health at 8:40 PM. Burton Kaplan seconded the motion. The motion was unanimously approved.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
attachments
| 
