9/9/2009 BOARD OF HEALTH Minutes

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{ Motion made by .Vis. Burton to approve the Temporary Food Concession Permit for Doreen Cartwright for October io,2009. Motion seconded by Ms. E91off. All voted unanimously to approve the motion. . Request for Temporary Food Concession (Mashpee Farmers' Market)- Dave"s Ribs,Inc. Ms. Burton expressed concern about offering samples and their storage and display. IIs. Burton also questioned the way in which Ralph Reese would clean the thermometer probe in between checking the tempemture of each item. Mr. Harrington noted that the application indicates use of bleach as a saniti er. Ms. Egloff suggested approving a one time permit to allow Mr. Harrington to complete an inspection and certify that samples are being offered appropriately and that the probe is being properly sanitized or for the use of a different type of thermometer. Motion made by leis. Egloff to approve Dave's Ribs for Saturdays Sam-fpm and Wednesdays 11aw-6pm pending a one time Health Agent inspection for sampling with results reported at the next meeting. Motion seconded by Ms. Burton. All voted unanimously to approve the motion. OLD BUSINESS Draft Recycling Regulation The Board of Health is awaiting action from the Board of Selectmen. Douglas Williams, Septic Inspection violations Mr. Harrington reported that.Rosemary Decie stated that Mr. Williams' license is revoked and that h must take the test again to be reinstated. Mr. Williams has been seen in town. hoard members discussed the Code of Laws fine maximum of$1,000.00. Mr. Harrington stated that among the violations, Mr. Williams performed work Without a state license, deceived the Board of Health and customer by not submitting the inspection report, a copy of which was submitted by the customer but not within 3 0 days, Mr. Williams did not register with the Board of Health,the distribution box was not inspected or accessible and not located where he reported it to be and provided incorrect measurements and information. Depth to groundwater was incorrect, as was groundwater well information. 11r. Harrington recommended the issuance of a.fine and not allowing Mr. Williams to complete inspections in town 4 without appearing in front of the Board with the appropriate credentials,_ Members of the Board of Health p g discussed the importance of being able to trust the inspector and his work. Members agreed that $1,000.00 fine was justified considering the lame number of violations, all of which are identified in the letter initially seat to Mr. Williams. Motion made by Ms. Burton to f e septic inspector Doug Williams $1,000.00,to continue to suspend any inspection and installation license that he has in Mashpee until he comes before this Board and pays the fine in full with a copy of the decision letter sent to NEIWPCC. Motion seconded by Ms. Egl ff* All voted unanilmously to approve the inotion. Stuart Bornstein,Baypoint,LLC Mr. Bornstein has provided a letter with the intent to assure that future funds be available for the repair and maintenance for the septic system at Baypoint Condo uo liums. Mr. Kaplan expressed concern about the unidentified mu" Amu amount that would be maintained in the reserve account, adding that he felt it should be a minimum of$253,000-00. In addition, Mr. Kaplan researched Land Court document #1 099,21 and found that it is not an Owners& Maintenance'Agreement, Mr. Harrington questioned whether or not Mr. Bornstein was authorized to Make such agreements if the Condo Board would be responsible,to which Mr. Kaplan stated that Mr. Bornstein indicated at the last rneetmg that, as the developer,he was still in the position to a erid the master deed. The Board discussed the reasons for 3