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12/02/2021 BOARD OF HEALTH Minutes
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12/02/2021 BOARD OF HEALTH Minutes
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Mashpee_Meeting Documents
Board
BOARD OF HEALTH
Meeting Document Type
Minutes
Meeting Date
12/02/2021
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Remain in close contact with the School Nurse Coordinator to track cases that impact or <br /> have the potential to impact students, faculty and the public. <br /> 2. Show Cause Hearing, Kennel Regulation violations—Positive Dog Training <br /> Mr. Harrington commented that at the last meeting, the board voted to continue the <br /> hearing until a full board was available to make a decision on this topic. The board <br /> intended to issue fines but the health agent's observations at the property prompted a <br /> fine of$300. The board was interested in issuing fines based upon the failure of the <br /> operator to obtain a kennel license from the town. <br /> During the conversations with the operator, Matthew Noone, he explained that he had <br /> been operating for eight to nine months at that location. The lease, as described Mr. <br /> Haratoonian, property manager, ran through October, 2021. This means that the lease, <br /> if one year was from November 1, 2020 to October 31, 2021. The cease and desist <br /> issued by the BOH was issued on September 16, 2021. Therefore,there were 26 actual <br /> work weeks or approximately 144 days that the dog training facility operated. The BOH <br /> Kennel Regulation requires a process to be followed where the applicant goes through <br /> Site Plan Review and then obtains a kennel license from the Town Clerk's office. None <br /> of that process was followed. An operator of dog training facilities of a reported 20 <br /> years should know to get a local kennel license. The Board did issue a ceist and assist <br /> and operation stopped then. <br /> Mr. Harrington stated Town Counsel has provided an opinion that the fine recommended <br /> by the health agent is weak as the Assistant Health Agent did not actually observe the <br /> dogs barking in the training facility. The other part of the opinion was that if the board <br /> wishes to issue a fine based upon the illegal operation of the training facility, then the <br /> board must consider that "reasonable men might seem proper" would agree with that <br /> decision. <br /> There being no further comments or discussion Kripani Patel motions to issue a fine of <br /> $300.00 based upon three dogs being kept at the unlicensed facility at Unit 10, 46 <br /> Nicolettas Way as witnessed by the Assistant Heath Agent. Motion seconded by Ernest <br /> Virgilio. Roll Call Vote: Kripani Patel (yes), Ernest Virgilio (yes)and Brian Baumgaertel (yes) <br /> VOTE: Unamious (3-0) <br /> 3. Santuit Pond Survey update <br /> Mr. Harrington commented that the Health department is still complying information for <br /> the survey. The Health office has sent out 52 letters as a reminder to submit the final <br /> information, either the septic inspection report or pumping report. A full tally should be <br /> available in one week. Mr. Harrington would like to discuss Phase one of the sewer and <br /> what to do with the 19 systems that are failed right now. The Sewer commissioner, <br /> Michael Rapacz, introduced himself for the record. Mr. Rapacz asked the Board if it would <br /> be possible to require residents in the sewer area to hook up to sewer regardless of what <br /> 2 <br />
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