TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of September 6, 2006
Board Members Present: Members Absent; Also Present:
Steven Ball, Chairman Glenn Santos, Clerk Glen Harrington, Health Agent
Lucy Burton, Vice Chairman Veronica Warden, Assistant Health Agent
Chairman Steven Ball called the meeting to order at 7:00 PM.
APPOINTMENTS
1. Vito Marotta – BBQ Competition. Vito Marotta introduced himself to the Board, and stated that he is Serv Safe certified. The third annual BBQ competition, a 2-day affair, will be held on the Wampanoag Tribal Council grounds. Vito Marotta stated that there will be 24 teams and 24 judges, with 6 judges per table. There will be 2 to 3 vendors, and all need to be permitted. The teams will only be feeding the judges, not the public.
Glen Harrington offered the following comments:
- The BOH would need to do an inspection, as the State Department of Health requires that inspections should occur. The State DOH recommended that the Serv Safe requirement for all teams could be relaxed for this year but should be required for all teams for next year. The BOH could elect to do one permit for all teams, or do separate permits for each team.
- Each tent would need to be posted, indicating that the food was prepared for the judges’ tasting, not for public consumption.
- Out of 24 teams, 5 or 6 may have Serv Safe certified individuals.
Lucy Burton made a motion to approve the temporary food permit application for the Porky’s BBQ Competition event on Sept. 30th/ Oct. 1st, with the stipulations that each booth competitor is posted stating no sampling or sales to the public, inspections of the teams are conducted both days by the BOH, the event Serv Safe certified by Vito Marotta, with a $100 fee charged for the event. Steven Ball seconded the motion. All approved.
2. 128 Uncle Percy’s Road – I/A System Violation
Karen and Chip Leslie introduced themselves to the Board as owners of the property at 128 Uncle Percy’s Road. Glen Harrington stated that he had received a call from the County Innovative/Alternative (IA) monitoring office, inquiring as to the status of the permit for septic installation at 128 Uncle Percy’s Road. The monitoring office stated that the permit had expired, as three years had passed from the date of approval with no notice to them that the system had been installed or activated. Glen Harrington confirmed to the monitoring office that the system had been installed, with BOH approval. Glen Harrington inspected the property and discovered that the Microfast 0.5 system had never been turned on. Glen Harrington spoke to Ron Gangemi, the installer, as well as Carmen Shea, the designer,
and the Fast people and discovered that a contract had been written up, ready to be executed. However, the contractor never called to have the system started up. This work had all been done by the prior owners of 128 Uncle Percy’s Road, before Chip Leslie purchased the property. The system went 5 years without being turned on. Chip Leslie stated that the system is now up and running. Glen Harrington stated that the contract needs to include testing for coloform and maintenance of the ultraviolet light, four times per year.
Lucy Burton made a motion to accept the contract with the requirement added to the contract that there is coloform testing and maintenance of the ultraviolet light four times per year for the next 2 years. Steven Ball seconded the motion. All approved.
3. Huntingest Group/Pheasant Run – Pool Violation
Jane Curtis, representing the Pheasant Run Condominiums, introduced herself to the Board.
Glen Harrington summarized the background of the case. On July 24, 2006 an inspection of the Pheasant Run Condominium semi-public pool was conducted by Emily Coyne, agent for the Board of Health. The pool did not contain any residual disinfectant and was posted closed. The BOH contacted Ed Morgan, Certified Pool Operator for the pool and informed him of the situation. Mr. Morgan stated that chlorine was added to the pool and the check valve and filters on the chlorinator were replaced. On July 25th, a reinspection of the pool was performed by the BOH. The following violations were noted:
(1) the free chlorine level was less than the required 1.0” level
(2) tests for residual disinfectant are required four times per day. According to log sheets contained in the log book, tests are being performed once daily
(3) the required first aid equipment kit was incomplete
(4) the bottom of the pool was not clearly visible from the surface area, violating the Water Clarity requirement
(5) Both sets of stairs leading into the pool do not have handrails. This is in violation of the State Sanitary Code which states that a minimum of one ladder shall be provided for each 75 feet of swimming pool perimeter and not less than two such devices shall be provided at any pool. Both sets of stairs leading into the pool do not have handrails.
Lucy Burton made a motion that if any violations are found during the 2007 Huntingest Group pool season, a $100 fine will be levied to the Condominium Management Association. Steven Ball seconded the motion. All approved.
4. Steven D’Angelo – 8 Sand Dollar Lane – Title V Variance Request.
Robert Martin introduced himself to the Board, representing Steven D’Angelo, the property owner.
Glen Harrington gave the following background. This was a Title V transfer inspection which indicated that the first component to the septic system is a cesspool acting as a septic tank. Our local BOH inspection regulation says that the initial cesspool fails. Otherwise, the system would pass a straight Title V inspection. The leaching pit with one or two feet of stone around it has had no more than one foot of liquid in the pit. Glen Harrington stated that he met with the prospective buyers of the property. One option available to them is to request a variance from our BOH regulation so that a septic tank could replace the initial cesspool. The leaching pit was installed in 1978 which makes it in compliance with Title V code at that time. Glen Harrington’s recommendation was
that they install a 1500 gallon H-20 tank with a Distribution Box (D-Box). The leaching pit is not under the driveway.
Lucy Burton made a motion that the BOH grant a Title V variance request to add a 1500 gallon H-10 septic tank where the first leaching pit is located, with a D-Box added. Steven Ball seconded the motion. All approved.
5. Dunkin Donuts – Food Violation.
Selma Reynolds, District Manager for Dunkin Donuts, introduced herself to the Board. Glen Harrington stated that on Saturday, August 19th, 2006, Dunkin Donuts personnel were observed offering food and beverages for sale at the “Rising Tides Arts Festival” held at Heritage Park, Route 130, in Mashpee. Dunkin Donuts had failed to obtain a temporary food permit from the BOH.
Selma Reynolds stated that she was sorry for the oversight on the part of Dunkin Donuts to obtain the temporary food permit. Dunkin Donuts has since paid the temporary food permit fee.
Lucy Burton made a motion to fine Dunkin Donuts $50 (two times the permit fee) for applying for the temporary food permit after the fact. Steven Ball seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approval of Minutes of July 19, 2006. The Board determined that the 7/19/06 minutes already had been approved as corrected at the August 2, 2006 board meeting.
The following comments were given on the minutes from the August 2, 2006 meeting:
- Page 1, under APPOINTMENTS, Deer Crossing, item c, line 4: Baxter Eddy should read Baxter Nye.
- Page 1, under APPOINTMENTS, Deer Crossing, item d, line 1: CMP should read CMR.
- Page 1, under APPOINTMENTS, Deer Crossing, paragraph 4, line 1 should read: Pat Brady, attorney representing Deer Crossing Condominiums, deleting the words Baxter Nye.
The August 2, 2006 minutes will be reviewed for approval at the 9/20/06 BOH meeting.
3. Request for BOH Review: 19 Barnacle Lane, Nitrogen Aggregation Plan.
Joe Clancy, owner of 19 Barnacle Lane, introduced himself to the Board.
Glen Harrington commented that Exhibit A on the draft of the Grant of Easement request still includes all of the open space. A deed for the credit land portion of the open space should be drawn up. Joe Clancy stated that he would have his attorney redraw the plan to delineate the portion of the open space being credited to the 19 Barnacle Lane Nitrogen Aggregation plan.
Lucy Burton made a motion to approve the Title V Design plan and the Nitrogen Aggregation plan and the draft granting the Title V nitrogen loading restriction and easement approved by DEP, pending the change in the description of the credit land in Exhibit A to delineate that portion of the credit land being assigned to the 19 Barnacle Lane Nitrogen Aggregation plan. Steven Ball seconded the motion. All approved.
4. Temporary Food Permit Request: Rotary Club of Bourne for Seaside LeMans
Glen Harrington commented that there will be a Serv Safe person serving the hot food from grills under a tent.
Lucy Burton made a motion to approve the Rotary Club of Bourne application for a temporary food permit for Seaside LeMans, pending inspection by the BOH. Steven Ball seconded the motion. All approved.
5. Septic Variance Request: Monitoring of I/A System at 23 Regatta Drive.
Richard J. Davis, owner of 23 Regatta Drive, introduced himself to the Board. Mr. Davis is requesting a variance to allow one year of satisfactory monitoring in lieu of the required two years of quarterly nitrogen testing.
Steven Ball made a motion to grant the variance request at 23 Regatta Drive with the condition that the BOH agent, upon receipt of the testing results, review and approve at an average of 19 mg per liter or below. Lucy Burton seconded the motion. All approved.
6. Food Code Compliance/Infectious Disease Report: Great Wall Restaurant
Glen Harrington reported that the latest Dept. of Public Health notification has been positive. Employees have been cooperative, and understand that employees cannot return to work until everyone is healthy.
7. Regulation Review: Recycling Regulation
To be continued until the next BOH meeting with Glenn Santos in attendance.
8. Review of Food Inspections: Mashpee Public Schools Cafeterias
Maryrose Grady, member of the Mashpee School Committee, and Robert Scott, Food Service Director, introduced themselves to the Board. Glen Harrington stated that there was a pre-operation inspection at the schools on Sept. 5th by Veronica Warden. There were critical violations found.
The water temperature of the dishwasher was below required standards; the refrigerator temperature for staff was below required standards; and a lack of adequate staff to clean the kitchens was noted. A subsequent inspection on 9/05/06 found the critical violations corrected.
Glen Harrington recommended that there be an HAACP (Hazard Analysis and Critical Control Plan) plan set in place for all the schools, and that extra cleaning staff be hired beyond what the kitchen/janitorial staff is responsible for covering. Robert Scott, Food Service Director, needs to visit and supervise the schools on a daily basis, and should set up a Serv Save refresher training course for staff.
Lucy Burton made a motion that the Director of Food Services implement an HAACP plan which is to include the requirement that Robert Scott, as the supervisor and overseer of food service in the Mashpee School system, visits each school on a daily basis. Steven Ball seconded the motion. All approved.
OLD BUSINESS
1. Jimmy’s BLT. Glen Harrington recounted that at the 7/05/06 meeting, the BOH ordered the amendment of the order to allow continuation of the operation of the establishment of Jimmy’s BLT with the following stipulations: that the establishment convert from silver ware and china to paper goods; that the facility have 25 seats; that the engineer’s As Built plan is provided for the grease trap; and that the establishment is hooked up to Town water. All the above requirements have been met except the hookup to Town water.
Lucy Burton made a motion to fine Jimmy’s BLT $100 per day until the establishment is hooked up to Town water, starting from the day of receipt of a hand-delivered letter from the BOH informing the establishment of the ruling. Steven Ball seconded the motion. All approved.
2. The Barn. On July 19, 2006, the BOH fined The Barn $300 for the third tobacco regulation violation. As of September 6th, six weeks later, no fines have been paid.
Lucy Burton made a motion that the BOH revoke the tobacco sales permit for The Barn until the $300 fine is paid. Steven Ball seconded the motion. All approved.
DISCUSSION
1. MA. Law, Chapter 135 of the Acts of 2006 – Act Relative to the Licensure of Massage
Glen Harrington stated that this is an FYI that the State has issued a registration and certification for Massage Therapists.
2. FYI – Habitat for Humanity Letter
Glen Harrington reported receipt of a thank you letter from Victoria Goldsmith, Executive Director of Habitat for Humanity of Cape Cod, thanking the BOH for waiving permit fees for percolation test and soil absorption system installation fees for homes that Habitat will build on 59 Quashnet Road and 562 Cotuit Road in Mashpee.
3. Board of Health Draft Hurricane Operations Plan
Glen Harrington stated that the report looks very good but that he will add a MITIGATION section to the plan in order to follow the same format as the Town comprehensive plan. After completion of the Mitigation section, Glen will forward the draft of the plan to the Police and Fire Departments as well as Joyce Mason.
4. Board of Health Meeting Schedule
The next Board of Health meeting will be on Wednesday, 9/20/06. Starting in October, the BOH meetings will be held on the second and fourth Wednesdays of each month. October meetings will be scheduled for Wednesday 10/11/ 06, and Wednesday, 10/25/06.
5. KI Pill Policy
Glen Harrington reported on receipt of a letter from Robert Walker, Director of the DPH radiation control program, with an update on the status of the program under which the DPH will be providing KI to the town Boards of Health on Cape Cod. The Department’s plan for distribution is to deliver the quantity the Town of Mashpee requested, to the BOH for redistribution to Mashpee residents. The DPH will contact the Mashpee BOH in advance to set up a date, time and place for delivery.
As there was no further business, the meeting was adjourned at 9:37 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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