3/2/2017 BOARD OF HEALTH Minutes

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c' Brian Baumgaertel made a motion that the Board of Health approve the Public Session minutes of February 161 2017, as amended. I alliope Egloff seconded the motion. The motion was unanimously approved. 3. Request for 2017 Food Establishment Permit: 48 Market Street(cape cod coffee). Glen Harrington commented that on February 23, 2017, the Board of Health received a request for-a 2017 food establishment permit from Cape Cod coffee, as they Irish to open a second location within Mashpee Commons. A preliminary floor plan has been reviewed for 20 seats. The ggerbeck's applied for and received a variance from the State Plumbing Board to allow 30 seats in the facility. A floor plan that shovers the 30 seats and the outside seating has not been finalized. The permit fee has been paid. A new site plan for the outside seating has been provided, but the actual table and chair layout was not shown on it. Brian Baumgaertel made a motion that the Board of Health approve the request for the 2017 Food Establishment Permit for Cape cod Coffee at 48 Market Street in Mashpee Commons with the following conditions: - 1. The floor plan review fee is paid. . The floor plan for the 30 seats and outside seating is provided. . An inspection by the Health Agent is performed prior to issuance of the permit. 4. certified Food Manager and Allergen Awareness Certifications are provided for employees. . A menu is provided. l alliope Egloff seconded the motion. The motion was unanimously approved. OLD BUSINESS 1. Sanitary Code Violation: Lakeside Estates, 300 Nathan Ellis Highway, Unit#8. Glen Harrington stated that at the previous meeting the Board had requested ownership of Lakeside Estates Unit#8 be determined, which has noir been provided to the Board by Attorney Wall. The unit is owned by Ms. Marilyn Micklay and was purchased in 1999. Mr. Harrington was unable to contact the owner requesting information on the filtration system and the hiring of a plumber. Brian Wall, the'attorney representing MEZ Realty/Lakeside Estates, introduced himself to the Board. Attorney Wall commented that the parr owner owns the ground and the infrastructure. The mobile home trailer is individually owned. The obligation is to supply water up to the mobile home, and then it becomes the homeowner's responsibility. Mr. Harrington remarked that Attorney Wall's client never calls the Board of Health to witness the water pressures which would put an end to these types of violations. Attorney Wall stated that he will recommend to his client to cooperate with the Health Department to witness the grater pressure. Attorney Wall commented that the manager of the park has passed away} and Lakeside Estates now has an answering service. When a call comes in, it is directed to the appropriate people. I alliope Egloff commented that it does not meet the Board of Health regulation, and the park owners are aware of this regulation. Attorney Wall is aware of the letter sent to his client requesting the names of the park occupants. Attorney Fall will strongly recommend to his client that they cooperate and have an inspection of the water pressure. Attorney tall also commented that the alleged violation is a violation for not having adequate pressure in the unit. The alleged violation is of the State Sanitary code which does not apply within the unit. Based upon the evidence that was provided, there is no violation as alleged in the letter. Attorney Wall is requesting that the Board dismiss the alleged violation and rescind the fine. I alliope Egloff stated that she is not inclined to dismiss this violation until the Health Agent witnesses the water pressure, along with the two pieces of information that have been requested. the name of the park manager and the list of occupants residing at Lakeside Estates. 3