TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of July 5, 2006
Board Members Present: Members Absent: Also Present:
Lucy Burton, Chairman Steven Ball, Vice Chair Glen Harrington, Health Agent
Glenn Santos, Clerk Veronica Warden, Assistant
Health Agent
Chairman Lucy Burton called the meeting to order at 7:00 PM.
APPOINTMENTS
1. Bobby Byrne’s Pub – Show Cause Hearing.
Glen Harrington gave background information that a BOH inspection had been conducted on 6/15/06 and found 17 violations. Glen Harrington inspected again on 6/21/06 and found that the critical violations had been corrected but there were still some outstanding violations. Lucy Burton and Glen Harrington did a re-inspection on 7/05/06 and reported that things looked much better. Jimmy O’Shea, Executive Chef, and Bobby Byrne from Bobby Byrne’s Pub introduced themselves to the Board.
Jimmy O’Shea stated that the cardboard on the floor on the day of inspection was there because it was a rainy day, and the cardboard was to prevent slipping when deliveries were being made. Glenn Santos requested that Jimmy O’Shea put a request in writing to the BOH to use the cardboard on rainy days, for delivery safety reasons. The BOH will respond to the request with suggestions and recommendations for safety precautions to be used when cardboard is utilized.
Jimmy O’Shea reported that he has purchased infra-red thermometers to check the temperatures of the refrigerators. They are checking the temperatures daily with the internal thermometers.
The Pub is going to hire a cleaning person for 15 hours per week to do basic maintenance. Training will be conducted as to the cleaning procedures to be followed.
Lucy Burton pointed out some observations made at the 7/05/06 inspection. Salad prep line staff must wear gloves. The food order printout must not be placed on top of the food order being served. The sweep on the bottom of the doors must reach the threshold. There must be no gap between the door and the floor.
Glen Harrington reported that all the noncritical violations have been corrected. However, the marlite still needs to be installed over the worn wood surfaces. Two of the tables need bottoms that need to be done. On the hood over the six-burner stove, the light bulb with the cage behind it needs to be cleaned.
Jimmy O’Shea requested a copy of the Federal Food Code for his use. Glen Harrington will find out where to obtain the most recently updated copy. Glenn Santos requested a copy of the internal training policies established by Bobby Byrne’s Pub, when they are finalized.
2. Attorney Liz McNichols – 45 Little Neck Lane
Liz McNichols introduced herself to the Board, as representing Bob and Rose Marie Murphy. The Murphys have signed a contract to purchase the property at 45 Little Neck Lane. They are asking for a variance from the requirement for a septic upgrade before the sale. There is currently a cesspool on the property. The new BOH cesspool regulation requires that it be replaced prior to the sale, and they don’t want to have to pay for the septic upgrade prior to the sale.
Glenn Santos made a motion to approve the variance request of 45 Little Neck Lane from the BOH Cesspool Regulation, which will allow the repair of the cesspool system after the transfer of title. There will be a six month time frame after the August 1, 2006 closing on the property, for installation of the septic system and for putting in place a Letter of Enforceable Agreement. No further exchange of ownership will be accepted until after the six month period or the septic is installed. Lucy Burton seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Minutes of 4/19/06, 05/17/06, 05/ 22/ 06 and 6/07/06. Approval of the minutes from 4/19/06, 5/17/06 and 5/22/06 will be continued until all Board members are in attendance. The minutes from 6/07/06 were approved as submitted. Minutes from 6/21/06 were amended and will be submitted for approval at the next full Board meeting.
3. Food Establishment Compliance Review: Jimmy’s Breakfast, Lunch & Takeout
Lucy Burton stated that the BOH had approved the establishment’s permit in April, with some conditions. Glen Harrington reported that the grease trap has been installed, the water test analysis has been done, but the restaurant has not been connected to Town water, and to date, the Water Dept. has received no application for hookup to Town water. Sixty four days have elapsed since the establishment was notified to hook up to Town Water.
Glen Harrington’s recommendations:
1) Notify Jimmy’s BL&T to come before the BOH for a Show Cause hearing
2) BOH needs an As Built plan for the grease trap installed
3) BOH still needs a letter from the engineer showing the flows from the additional seats
Glenn Santos made a motion to notify Jimmy’s BL&T to appear before the BOH for a Show Cause hearing at the next BOH meeting on 7/19/06, and that hookup to Town Water, the AS Built plan for the grease trap, and the letter from the engineer showing the flows from the additional seats are fulfilled by 7/19/06, or his permit will be suspended immediately. If Jimmy wants to add more seats, he will need to complete a septic inspection. Lucy Burton seconded the motion. All approved.
4. Landfill Contract Review of FY2007 Contracts (cont’d from 6/21/06)
Glen Harrington reported that all three bid proposals now have been received. Horsley & Witten is the lowest bid. The FY2007 contract budget is $18,000. If we do accept the lower bid, there will be $1,184 in extra funds left over that could be used for well repair work.
Glenn Santos stated that Horsley & Witten did not submit an annual report with its proposal, and submitted the bare minimum of information. Glenn Santos commented that he does not want to get a Notice of Noncompliance (NON). Glen Harrington agreed to check to determine whether an annual report is a post-closure requirement.
Glenn Santos stated that the BOH would like to receive a more professional RFP response from Horsley & Witten, together with a cover letter.
Lucy Burton made a motion to continue the Landfill Contract Review until after a more complete, responsive, responsible RFP is resubmitted from Horsley & Witten. Glenn Santos seconded the motion. All approved.
Glenn Santos made a motion to add 86 Summersea Road – Mr. Burt Liebman – to the New Business agenda. Lucy Burton seconded the motion. All approved.
5. 86 Summersea Road – Mr. Burt Liebman.
Mr. Burt Liebman introduced himself to the Board. Mr. Liebman is the owner of the property at 86 Summersea Road and is building a brand new house which is almost completed. He has septic approval for one bedroom but is now interested in creating a loft by opening up the wall on the second floor, to be used as an art room for his wife. This technically will create a second bedroom. Glen Harrington explained that Mr. Liebman is looking for credit land for a nitrogen aggregation plan in order to accommodate the additional bedroom. To date, he has been unsuccessful in locating an available lot.
Glen Harrington suggested that Mr. Liebman send a letter to the BOH explaining the entire situation, filing for a variance request from the BOH. Mr. Liebman’s variance request will be placed on the agenda for the next BOH meeting on July 19th for further consideration.
OLD BUSINESS.
No old business.
DISCUSSION.
1. April 2006 Landfill Gas Report – Woodard & Curran
Glen Harrington reported that the April 2006 Landfill Gas Report recommended that there were still some wells to be repaired. The report recommended repair of landfull gas well SGW-13, vent V-B and ground monitoring well W-13. Even though DPW could repair the wells, having the money available for the work from the lower bid submitted by Horsley & Witten would be convenient.
2. Cape Obstetrics Midwifery & Gynecology Letter of July 5, 2006.
Lucy Burton reported receipt of a letter from Dale Weldon, MD at the Cape Obstetrics Midwifery & Gynecology. The letter was expressing concern about the elevated levels of sexually transmitted diseases (STD) being reported in Mashpee. Upon receipt of the letter, Lucy Burton spoke to Glen Harrington about it, then promptly contacted the Superintendent of Schools, MaryRose Grady, a member of the Wellness School Committee, Louise Patrick, Director of Human Services, for a meeting to discuss the situation. At the meeting they talked about things that would be done to raise awareness of the situation. Follow-up action included contact with the DEP for educational materials, contact with the Mashpee Free Clinic to determine whether they could offer any assistance with local free testing for teenage girls. They talked about sending letters to both students and parents of students in the high school to raise awareness of the issue. Glen Harrington suggested that the BOH could write
the letter, and have the Superintendent send out the letter to the students and parents.
Glen Harrington put in a call to Lisa Crowner, the Southeast Region Educational Coordinator. Glen also contacted the State to get their numbers of reported Chlamydia trachomatis (STD) for 2005/2006. The State’s reported numbers did not match up to the numbers that were being reported by Cape Obstetrics.
There is an HPV vaccine now available, but not yet approved.
A follow-up meeting is scheduled for Thursday July 6th, 2006 at 9 AM at the Superintendent’s office with the same group of individuals.
NEXT MEETINGS
The next two meetings of the BOH will be on July 19, 2006, and August 2, 2006. As there was no further business, the meeting was adjourned at 8:55 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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