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Board of Health Minutes 07/28/05
TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING

Minutes of the Meeting of Thursday, July 28, 2005

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

Chairman Glenn Santos called the meeting to order at 7:00 PM in the Board of Health office.  The meeting was adjourned at 7:02 PM and reconvened at 7:05 PM in Meeting Room 2 in Town Hall.

APPOINTMENTS

K. Kirrane/M.Dedecko – 5 Equestrian Avenue
Mark DeDecko and K. Kirrane did not attend the meeting.  Glen Harrington stated that the engineering firm brought in As Built plans to the Board of Health.  Glen Harrington reported that there is still no O&M for the current owner, and there is no evidence that the piping has been removed from the blower which the installer was supposed to do.  He had hoped to have some progress brought into the meeting tonight for the other orders issued.  A certified letter was sent on July 23, 2005 to Mark Dedecko informing him of the meeting tonight.  Glenn Santos recommended that the Health Agent send them a certified letter giving them a deadline date of August 11, 2005, to correct the problems.  After the deadline date of August 11th, the installer, Manny Barrows, the engineering firm, Ferreira Associates, and owner Mark Dedecko will lose their permits to operate in the Town of Mashpee until the problems are resolved.  Also, the current owner has to get an O&M.  A letter was hand-delivered to the current owner the end of May, giving him two weeks to get the O&M.  The Board has the authority to pull the owner’s occupancy permit, if necessary.  

Glenn Santos made a motion that the Health Agent send out certified letters to the owner of 5 Equestrian Avenue, to the installer, Manny Barrows, to the engineering firm Ferreira Associates and to the builder Mark Dedecko of Harbor Homes, stating that $100 per day fines will start August 11, 2005, if the Health Department has not received the owner’s O&M agreement, and if all Title V violations have not been resolved.  Also, Manny Barrow’s installer’s license will be pulled, the Health Department will not sign off on any future design plans by Ferreira Associates, and no building plans will be approved from Mark Dedecko, until all violations have been resolved.   Steven Ball seconded the motion.  All approved.

Newton Heston – Persy’s Restaurant.
Michele Barnacoat, manager at Persy’s Restaurant, introduced herself to the meeting.  Michele reported that in accordance with the requirements established by the BOH, Persy’s Place restaurant has now entered into a contract with Eastern Mass. Food Safety to provide the following services to the staff:  

Audits:  weekly unannounced audits for the next four weeks, conducted on the premises, both back and front of the house, with monthly unannounced audits for the subsequent 6 months.

Training:   Training techniques used will include class instruction as well as practical demonstration of standard operating procedures (SOP) based on HACCP principles.

Week One will cover the following topics:
-the basics of food safety and sanitation, including time and temperature abuse, cross contamination and poor personal hygiene, highlighting methods of preventing these three main hazards to food.  
-risk factors for bacterial growth and ways to prevent foodborne illness through control of these factors
-sanitation techniques, methods of safe food preparation, cooking, cooling, thawing, thermometer calibration/usage and hot/cold holding temperatures
 Week Two will cover the following topics:
-HACCP-based approach to food preparation and the need to follow SOP throughout the flow of food in the restaurant, from receiving to serving.
-Ware washing and sanitation, server hygiene, proper glove use vs. bare hand contact with food
-cutting board use and sanitation, kitchen techniques, knife safety
-instructions on how to fill out charts for receiving, refrigeration, cooking, and sanitizer logs
-a system will be provided for self inspections and active managerial control to control the process ongoing, on their own.
Progress reports will be provided to the BOH, as requested.  The goal of Persy’s Place is to incorporate techniques into an effective food safety program by providing their staff with tools necessary to apply Active Managerial Control.  Through regular self-inspections, the staff of Persy’s Place can elevate their food safety practices to a level that is compliant with the FDA 2003 Food Code, and the requirements of the Mashpee Health Department.

Michele stated that she is now in charge of the Dartmouth and Hyannis Persys Place restaurants
as well as the Kingston location when it reopens. A check for $500 covering the fine for violations found on June 30th and July 1 was presented by Michele to the Health Agent.  

Steven Ball made a motion to approve the proposal presented by Persy’s Place.  Lucy Burton seconded the motion.  All approved.

Glenn Santos stated that if at any time Michele had any questions or concerns about procedures at Persy’s Place, she should feel free to contact the Board of Health to request assistance.

Down Cape Engineering – 35 Wilson’s Grove.
Plans were presented by Down Cape Engineering for the repair of the septic system at 35 Wilson’s Grove.  
Glen Harrington commented that the system is going slightly 6 to 8 inches above grade to get the required 9 inches.  The tanks themselves look like they are sitting in ground water.  They need to be seen on the plan.  The coastal bank variance doesn’t apply.  It is going towards the Sound and doesn’t need denite.  Abutters have been notified, with no responses received.  

Steven Ball made a motion to approve the variance requested by Down Cape Engineering, dated July 11, 2005, at 35 Wilson’s Grove in Mashpee with the stipulation that Down Cape Engineering come back to the BOH with revised plans incorporating the five foot strip out.   Glenn Santos seconded the motion.  All approved.  

OLD BUSINESS
Compliance Review – Deer Crossing Septic & Food Permits
Glen Harrington reported that he had a conference call with Patrick Brady, attorney for Deer Crossing, basically rehashing what had been approved back in April, 2005.  Glen had a call from the inspector who was going to do the work as far as raising the covers.  No time frame was given by BOH,  but the Board is still waiting for revised plans to approve the work to be done.  

Steven Ball made a motion that Deer Crossing Commercial Condominium Association must present revised plans to the BOH by 8/25/05.  Glenn Santos seconded the motion.  All approved.

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

Review and Comment on the DCPC.  Glenn Santos stated that he had received an email from Beverly Kane asking the Board of Health to support the DCPC and to consider co-sponsoring the DCPC.  Glenn asked for comments from the Board members.  Steven Ball stated that he would not get into details, but at this time he does not feel comfortable with the DCPC and does not want to consider co-sponsoring it.  He further stated that he has many reasons behind his feelings but would rather keep those comments to himself.  Lucy Burton stated that she agreed with Steven Ball.  She is not comfortable with the Board of Health co-sponsoring the DCPC at this time.  Lucy stated that the Board of Health has done quite a lot over the years with regard to nitrogen and she is not comfortable with the Board supporting the DCPC.  Glenn Santos stated that his comments are basically the same as the other Board members.  He stated that the Board of Health has been proactive over the years, with the largest number of denitrification systems than any other town on the Cape, and Mashpee is one of the smallest towns on the south shore.
We have stepped up as far as 600 gallons per day of limit on commercial and residential property, trying to clean up the Mashpee River and clean up the nitrogen loading that is going on.  Glenn stated that at this point he is not comfortable having the Board of Health co-sponsor the DCPC.  

Steven Ball made a motion that the Board of Health not co-sponsor the DCPC with the Planning Board.  Lucy Burton seconded the motion.  All agreed.

Glen Harrington stated that at the last BOH meeting, it was agreed that the Board would put something in writing to the Planning Board regarding BOH support of the DCPC.  Glenn Santos stated that the motion just passed not to co-sponsor the DCPC included no support by the BOH for the DCPC.  

Friends of the Mashpee Library – Temporary Food Permit.  Glen Harrington stated that the Friends of the Mashpee Library were sponsoring a fundraising event on August 20, 2005 and would be serving hot dogs and bottled water.  The Friends of the Mashpee Library are a non profit organization, and as such have requested a waiver of the $25 temporary food permit fee.  Glen asked for a motion to place the request on the agenda.  

Glenn Santos moved that the request from the Friends of the Mashpee Library for approval of a temporary food permit and waiver of the $25 fee for the temporary food permit be placed on the agenda.  Steven Ball seconded the motion.  All approved.  

Steven Ball made a motion to approve the temporary food permit for the Friends of the Mashpee Library for their fundraising event to be held on August 20, 2005, and to waive the $25 fee for the permit.  Glenn Santos seconded the motion.  Lucy Burton stepped down from the vote.  All approved.

Steven Ball made a motion to approve the temporary food permit for Polar Cave Ice Cream for the August 20, 2005 fundraising event sponsored by the Friends of the Mashpee Library.  Glenn Santos seconded the motion.  All approved.

Mashpee Youth Football – Temporary Food Permit.  Glen Harrington stated that Mashpee Youth Football had submitted their application for a food permit for their concession stand and also requested a waiver of the annual fee.  There is no food permit needed as it is annually renewed.

Glenn Santos moved that the Board put the Mashpee Youth Football food permit application on the agenda.  Steven Ball seconded the motion.  All approved.

Steven Ball made a motion to waive the $100 annual food permit fee for the Mashpee Youth Football concession stand.  Glenn Santos seconded the motion.  All approved.

DISCUSSION

Landfill Update – Fall 2005 Quarterly Monitoring Report
Glen Harrington reported that there was another well found that was blocked that could not be sampled.  Bryant will inspect the well to give an idea of what it will take to repair the well.  Also, broken vents were spelled out through the landfill inspection.  Catherine Laurent was informed and will determine what will be involved to get the vents repaired. No other groundwater problems were found.  Glenn Santos stated that the DEP will need an explanation with details of how the repairs will be done.  He suggested that we ask for recommendations on what it will cost to do the repairs as an FYI to the DEP.  

FYI – Illegal Dumping Memorandum – Catherine Laurent
A memo dated 7/20/05 was received by Joyce Mason and Glen Harrington from Catherine Laurent.   Ms. Laurent’s feeling is that C&D debris is not the only material being illegally discarded.  Further, if fees are set for C&D dumping at Mashpee, illegal dumping will still occur from those refusing to pay the fee. She offered to provide the Board of Selectmen with an estimate of the costs associated with accepting C&D at the Mashpee Transfer Station, and to recommend a fee schedule.

Steven Ball stated that he feels the C&D debris should be accepted at the Mashpee Transfer Station, even though a fee schedule would have to be established.   He would like to move forward with a recommendation to the Selectmen to approve the idea.  Veronica Warden suggested having the Selectmen approve giving dump stickers to companies who do dump runs for residents, in order to help alleviate illegal dumping by construction companies.  

Glenn Santos stated that he is in favor of the old DEP law which stated that each Town was responsible for its own trash.   Mashpee C&D should be the responsibility of the Mashpee Transfer Station, paid for either by fee or by weight/quantity.

Lucy Burton suggested that the Board take up Catherine on her offer to come up with a fee schedule for C&D dumping at the Mashpee Transfer Station.  Glenn Santos suggested the Board invite Catherine Laurent to a Board of Health meeting to discuss the issue of illegal dumping.  The Board agreed that this was a good idea.

Air Quality Study Request – Marina Brock
Glen Harrington reported that he sent Joyce Mason a memo regarding the air quality problem on the lower level of Town Hall, with an option to contact Marina Brock to request that she conduct an air quality study.  Marina will be conducting an air quality study on August 4th.  Glen Harrington will be available to accompany her at that time.

Scholarship Availability for Environmental Management & Decision Making Course at CCC
Glen Harrington reported that scholarships are available for anyone interested in attending the ENV-122 course offered at Cape Cod Community College.  To be eligible to receive a scholarship, write a short paragraph stating why you should receive the scholarship and attach it to the application form.  The course is designed to teach participants how to approach environmental issues from both a practical and environmentally-sensitive perspective, and to apply this knowledge to real-world situations.

The next meeting of the Board of Health was scheduled for Thursday, August 25, 2005, at 7:00 PM at the Board of Health office in Town Hall.  As there was no further business, the meeting was adjourned at 8:30 PM.

Respectfully submitted,





Ina G. Schlobohm
Recording Secretary