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Board of Health Minutes 06/02/05
TOWN OF MASHPEE
BOARD OF HEALTH

Minutes of the Meeting of Thursday, June 2, 2005

Board Members Present:          Also Present:
L. Glenn Santos, Chairman               Glen Harrington, Health Agent
Steven Ball, Co-Chairman                Veronica Warden, Assistant Health Agent
Lucy Burton

Vice Chairman Glenn Santos called the meeting to order at 7:03 PM.


APPOINTMENTS
Cape & Islands Engineering – re:  193 Walton Heath Way
John Slavinsky from Cape & Islands Engineering introduced himself.  He stated that the house at 193 Walton Heath Way was in zone 2, but the septic system for the house is out of zone 2.  Therefore, it is permissible to have a 4-bedroom house.

Steven Ball made a motion to approve the Cape & Islands plan to recognize that the house in Zone 2 does not encompass the entire lot.  Lucy Burton seconded the motion.  All agreed.

Steve Milton – Vineyard Vines Temporary Food Permit
Glen Harrington commented that caterers are required to have a license, and are required to have a Serve Safe certificate.  Chef Roland, the caterer for Vineyard Vines, is an established caterer in Falmouth, planning to provide catering service to Vineyard Vines in Mashpee.  

Steven Ball moved that the Board approve the temporary food permit license as submitted, provided he is Serve Safe certified, and provided that if he intends to do more catering in Mashpee, he must submit a catering license.  Glenn Santos seconded the motion.  All agreed.


NEW BUSINESS
Sign Warrants
Warrants were signed by the Board members.

Approval of Minutes
Steven Ball moved that, due to pending litigations, approval of the minutes from the 1/20/05 Board of Health Executive Session the minutes be continued to the next meeting.  Glenn Santos seconded the motion.  All agreed.

Minutes from the 2/02/05 BOH Public meeting were corrected as follows:  
        Page 2, paragraph 3, line 7:  the word to should be changed to two.
        Page 3, paragraph 3, line 3:  the word no should be changed to not.

Steven Ball moved that the minutes be approved as corrected.  Glenn Santos seconded the motion.   All agreed.

Minutes from the 5/12/05 BOH Public meeting were corrected as follows:
        Page 3, paragraph 9, line 1, the name Wilks should be changed to Lopes

Steven Ball moved that the minutes be approved as corrected.  Glenn Santos seconded the motion.  All agreed.

Glenn Santos welcomed Lucy Burton as the newly appointed member to the Board of Health.  

Glenn Santos moved that the Board reorganize the Board officers.  Steven Ball seconded the motion.  All agreed.

Glenn moved that Lucy Burton be nominated as Clerk of the Board.  Steven seconded the motion.  All agreed.

Temporary Food Permits – “Night of 100 Wines”
Steven Ball moved that the temporary food permits from the following establishments for the “Night of 100 Wines” event be approved as submitted:  Siena Retaurant, The Tea Shoppe, 99 Restaurant, The Raw Bar, Bobby Byrnes Pub, Roche Brothers, Ghelfi’s Candy, Polar Caves Ice Cream, Fountain of Juice.  Lucy Burton seconded the motion.  All agreed.

The temporary food permit from the Peppers Pantry was questioned, because of questionable food served last year at the event.  
Steven Ball moved that the Peppers Pantry permit be approved with the condition that upon inspection, if their equipment was found to be not up to code, they would not be permitted to serve food that day.  Lucy Burton seconded the motion.  All agreed.

Response from Installer re:  License Revocation – Brad White
Glen Harrington stated that Brad White had requested an additional extension of time until June 16th, 2005, to complete installation of the risers at 31 Thornberry and 19 Troutbrook Road.  

Glenn Santos moved that the Board grant Mr. White an additional extension of time until 6/16/05 to install the risers, request the Board to conduct an inspection, and then apply for reinstatement of his septic inspection license. Lucy Burton seconded the motion.  All agreed.

2005 Peddler’s Permit Request – Horizon Meats and Seafood
Glen Harrington recommended that the BOH approve the request, provided the company gets a Board of Health truck inspection, and is issued an inspection sticker.  Glen also recommended that the company get a state Peddler’s License.

Glenn Santos moved that the Board approve the Horizon Meats request for a Peddler’s permit, provided the company has the BOH inspect their trucks, and an inspection sticker is displayed, clearly visible, on each truck.  The company must also get a State Peddler’s license.  Failure to comply with these conditions will result in having the company’s food service permit revoked.  The Police Department will be notified, and fines will be set by the Board of Selectmen at $100 per day for the first offense and up to $500 per day for additional offenses.  Lucy Burton seconded the motion.  All agreed.

Briarwood Association Variance Request – Mass. Bathing Beach Regulation 105 CMR 445.000
Briarwood Association has requested that they be permitted to use the Town Beach or the State Landing as a representative sample of the John’s Pond/HoopHole Road beach.   Glen Harrington commented that these beaches are not contiguous to the John’s Pond beach, and therefore, according to state law, cannot be considered as representative of the John’s Pond beach.  Glen suggested that the one thing that might be done would be that the BOH could entertain a request for a reduction in monitoring.  

Steven Ball moved that the Briarwood Association variance request be denied.  Lucy Burton seconded the motion.  All agreed.

21 Shore Drive West – Variance Request from New Seabury
Glen Harrington commented that this request was for a tear-down, rebuild in New Seabury, which would result in encroachment onto New Seabury reserve area.  Mike Grotzky hand delivered the notice and had it approved and signed by New Seabury, in this case the abutter.  New Seabury has no objection to this variance.

Steven Ball moved that the Board approve the variance request in a letter dated 20 April 2005 for approval of Septic System at 21 Shore Drive West with the following changes:

 paragraph 2 -  #1 should read reserve leaching system.
paragraph 2 -  #2 should read reserve leaching system
paragraph 2 -  #3 should read primary leaching system

Lucy Burton seconded the motion.  All approved.  

Illegal Dumping Complaint – George Miskiv, Saddleback Road, Mashpee
A letter was received from George Miskiv complaining about the ongoing abuse of the North Quashnet Conservation Area, by individuals who are using it as a dumping ground.  The complainant recently observed someone dumping an old couch on the grounds.  The illegal dumping continues every day.  Construction debris, smashed windows, washers, dryers, and everyday household trash are littered throughout the refuge. The Board discussed the problem of increased illegal dumping in Mashpee, which is a direct result of the increased restrictions by the Town as to what is accepted at the Transfer Station.  Glenn Santos suggested that the BOH send a letter to Greg Taylor and the Board of Selectmen requesting that the Town revisit the issue of waste materials that can be accepted in order to alleviate the problem of illegal dumping.

Since the BOH did not observe the illegal dumping incident, there can be no fine applied since the Board is a second party.  Glen Harrington’s recommendation was to request that the Police Dept. run a plate number, get the owner’s name, and issue a warning notice from the Board of Health to the owner.

FYI – Response from BOH to Catherine Laurent, Assistant DPW Director
Prior to approving the Sharps Collection Program, the Board of Health requested that Catherine Laurent prepare a detailed handling policy as to who will be responsible for collections, rejections, length of storage and pickup schedules.  The Board reviewed the policy draft received from Ms. Laurent and decided that it was a good start but it needs to be embellished with more specific details.  For example, Glenn Santos noted that it does not include any information about the frequency and the training of staff handlers, or who is in charge when Catherine is not there.  The Board will go back to Ms. Laurent to request further work on this internal handling policy.  

324 Great Neck Road North – Letter from Mahoney & Douglas Environmental Services
The report from Mahoney & Douglas consulting services stated that S1 and GW1 concentration levels have been exceeded at this property.  This information was obtained on May 17, 2005 and constitutes knowledge of a release which triggers the DEP’s 120-day notification obligation. The 120th day from the date of knowledge of the release is 9/13/05.  By this date, a Release Notification Form must be filed with the DEP.  Mr. Blakeman has been notified of this report, and knows that “the clock is ticking”.   Failure to clean up the concentration levels within the 120 day period will result in heavy fines to Mr. Blakeman.

Water Quality Forum.  Glen Harrington announced receipt of a notice from State Representative Jeffrey Perry of a “Water Quality Forum” on June 24, 2005, from 10 AM to 12 noon at the offices of the Sandwich Water District, 72 Tupper Road in Sandwich.  Robert Golledge, Commissioner of the Mass. Dept. of Environmental Protection, members of Ellen Herzfelder’s staff, Secretary of Environmental Affairs, as well as other interested parties will be in attendance.  The focus of the meeting is to discuss issues surrounding our drinking water supply, specifically dealing with sound science and how it relates to our environmental policies.   Glen stated that he will be attending a meeting on that day, called by Joyce Mason for all department heads, to go over the New Seabury resolution with the Cape Cod Commission.


OLD BUSINESS

Landfill Update.  Glen Harrington reported that upon inspection at the landfill, he found three vents lying on the ground, and a fourth vent leaning on the cap.  He discovered that the problem occurred as a result of the thread end of the vents being put into the collar, which cut the plastic and it broke off.  Glen stated that there was no damage to the pipes.  If the reverse ends of the pipes are placed inside the boot, it should solve the problem.  The DPW will be asked to do the repair.

The next meeting of the Board of Health is scheduled for Thursday, June 16, 2005, at 7:00 PM in the Board of Health office, Mashpee Town Hall.  As there was no further business, the meeting was adjourned at 8:40 PM

Respectfully submitted,




Ina G. Schlobohm
Recording Secretary