Grace Gouveia – Room 10
5:00 p.m.
Members Present:
John Livingstone, and Mark Phillips.
Members Absent: Jerry Anathan (excused)
Staff: Brian Carlson Health Inspector
Jane Evans Health Agent
The
meeting was called to order at 5:00 p.m.
AGENDA
Public Comments
Candace Nagle of the Animal
Welfare Committee said she supported Donald Edwards request for dogs in outdoor
dining areas. Her committee is
conducting an aggressive ongoing educational outreach and her group is also
addressing dog waste.
New Business
Title 5 variance request
Gary Locke from Wm. Rogers,
II’s office presented the case on behalf of the owner, Kathleen Kroeger. Variances are needed due to the small lot
size. It will be a while before the
sewer reaches her and she’s already severely limiting her water usage. The reason for the upgrade is due to
excessive pumping. The owner was given an option of an ACO, but prefers to
install an on site system.
Motion: Move to approve the title 5 variances for
Motion: Ken Janson Seconded: John Livingstone Vote: 4-0-0.
Governor Bradford – Donald
Edwards
Variance from Federal Food
Code – Dogs in Outdoor Dining Area
Donald Edwards presented his
own case. Jane Evans inspected and the
facility met all the requirements, i.e., dogs don’t have to pass through an
indoor eating area to access the patio dining, etc.
John Livingstone asked how a
difficult dog scenario would be addressed and Mr. Edwards answered
satisfactorily.
Motion: Move to grant the variance to allow dogs in
the outdoor dining area of the Governor Bradford Restaurant located at
Motion: Ken Janson Seconded:
Kateryna Savenets
New Temporary Tattoo Artist
Brian Carlson reported that
the applications was in order. She had a
negative TB test verification which was valid for two years (test was done last
year).
Motion: Move to approve the new temporary tattoo
artist permit for Kateryna Savenets to work at the Whale Watch Store for the
2009 season.
Motion: Ken Janson Seconded: Mark Phillips Vote: 4-0-0.
Amy Smith
New Temporary Tattoo Artist
Brian Carlson said that she
had yet to have a TB test and has tried to get one locally but will probably go
to Fontaine since the Outer Cape Health won’t do a TB test for a walk-in. Duane asked Brian to call
Motion: Move to approve the new temporary tattoo
artist permit for Amy Smith upon proof of a negative TB test.
Motion: Ken Janson Seconded: John Livingstone Vote: 4-0-0.
202B
Show/Cause Hearing – Renting
uninhabitable dwelling unit – 3rd offense
Jane Evans said that it was
actually the 4th offense. On
June 15th – Jane was notified that Michael Donovan, the owner, was
once again mucking out his two existing cesspools. Another tenant said that the shed was being
rented out.
Jane went through all Mr.
Donovan’s previous offenses and it was a litany of repeats with warnings,
etc.
Duane wanted an ASAP
inspection conducted of the shed to ascertain that all plumbing was removed and
that there was no evidence of someone living there.
Brian said that while the BoH
meeting was going on he could run down and inspect the premises along with Mr.
Donovan.
Motion: Move to table the case while Brian Carlson
conducted the inspection and resume the case upon Brian and Mr. Donovan’s
return.
Motion:
Other Business
Johnny Pac Bistro/Monkey
Bar –
Mr. Pac requested an
extension until mid September to the ORDER to Correct dated June 9, 2009. Jane
presented his request along with letters from an engineer and installer stating
that they needed more time to complete the installation process. Jane informed
the board that a visual inspection of the sewer buffer tank located in front of
his property did not reveal excessive grease at this time.
This property has been
connected to the public sewer for several years but has never had a mandatory
grease trap installed. According to the
June 9, 2009 Order, Mr. Pac had attended the grease trap education classes
conducted by the Health Agent, informed inspectors that he had a grease trap
AND that he had been pumping it as required by the sewer regulations.
Motion: Move to extend the order to install a grease
trap for 30 days giving Mr. Pak until August 10th to complete the
work.
Motion:
202B
Brian returned with Mr.
Donovan from the inspection and said that there’s no plumbing – no shower, no
toilet, but there is a refrigerator, microwave, etc. The shed has a rubber roof and it’s on cement
pilings, and has a deck out of the back.
Inside there’s a futon and a loft.
Mr. Donovan said that his
gardener was staying in there for awhile.
Motion: Move for the following:
1.
Mr.
Donovan must remove the shed structure on the property pending town counsel’s
opinion of our authority. If town counsel opines the BoH cannot order removal
of the shed then: A)All interior pipes,
electrical wires, plumbing fixtures and any other structures will be removed
until all that exists are four bare, unfinished walls. This work must be completed within 14 days of
notification.
2.
Mr.
Donovan must enter into an Administrative Consent Order and begin paying a
betterment for a connection to Phase III of the municipal sewer. The ACO must be recorded and proof of
recording and first payment made within 14 days of this hearing. Until the connection can take place, Mr.
Donovan is to have no direct contact with the cesspools on his property. If he wishes to have them pumped, he must
contract with a licensed septic hauler.
3.
Mr.
Donovan has 7 days to submit application the Health Department to obtain Rental
Certifications for all the rental units on the property. Mr. Donovan must notify his tenants 24 hours
in advance of when the inspections will take place and that both he and the
health agent will need access to the dwelling units and that the tenants
themselves are encouraged to be present during the inspection.
Failure
on Mr. Donovan’s part to complete any of these requirements in the given time
frames will result in the issuance of fines in accordance with the Town of
1st offense $100.
2nd offense $200.
3rd offense $300 (and subsequent
offenses)
(Each day that a violation exists is considered a separate offense.)
Motion:
Approval of Minutes for
June 11, 2009
Motion: Move to accept the minutes of the June 11th
meeting as written.
Motion: Ken Janson Seconded: Mark Phillips Vote: 4-0-0.
I.
Health Agent’s
Report
Jane said that the rental
inspections are working well and she gave
I.
Jane also wanted
to apologize for not being able to get out the smoking letter – she’s been just
too busy with inspections.
I.
She thought that
perhaps a $50 application fee for dogs to dine on patios?
II.
Health
Inspector’s Report
Brian Carlson reported that
the rabies program is going very well.
The USDA trapping will be
completed in only 10 days and it will yield good information.
Brian and Jane also attended
the school board meeting where it was discussed that a school based H1N1 flu
vaccination program is more effective.
The speaker noted that it is more effective to vaccinate 20% of the
children than 90% of the adults.
Brian’s problem tenant has a
bad cold but she’s moved some things out to the deck and she’s technically in
compliance. It’s taken a long time and
she’s come a long way.
I.
Board
Members’ Statements
John Livingstone wanted to talk about the BoH relationship with the
Animal Welfare Committee. He said we’d
like to collaborate with them BUT it’s not their job to take over a public
health campaign and boundaries should be made clear. Clarity must be created. John also said that he hasn’t received a date
for his BoS meeting as yet.
The meeting adjourned at 6:30
p.m.
Respectfully submitted,
Approved by the Board of
Health on ______________________,2009