TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, October 10, 2007
Board Members Present: Members Absent: Also Present:
Lucy Burton, Chairman Glenn Santos, Vice Chairman Glen Harrington, Health Agent
Lewis Mantel, Clerk
Chairman Lucy Burton called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM Ed Monteiro – 30 Valley Road Septic Install
Attorney Robert Mills introduced himself to the Board as representing Ed Monteiro.
Glen Harrington stated that on May 30, 2007, Manuel (Manny) Barrows, a Mashpee licensed septic inspector, obtained a septic permit from the BOH office for installation of a new leaching facility at 30 Valley Road. On 8/16/07, per Title V requirements, Glen Harrington stated that he performed a final inspection for the leaching facility. During the inspection, Mr. Monteiro stated that he had installed the leaching facility under Mr. Barrow’s septic installer’s license. Glen Harrington stated that this is in direct violation of the Title V requirements, as Mr. Monteiro failed to obtain a 2007 Mashpee licensed septic installer’s license and permit for installation of the leaching facility.
Attorney Robert Mills stated that in many cases licensed septic installers are not on the premises when their employees are doing the actual installing of septic systems. He stated that the literal interpretation of the Title V regulation would appear to be that all employees in the septic installation process would have to be licensed installers. Rob Mills stated further that Manuel Barrows had been admitted to the hospital on the day he had pulled the septic installation permit, and was unable to physically be on the site during the installation. Mr. Mills was asking for some consideration in the case, accepting Mr. Monteiro’s presence at the time of the septic installation in lieu of Mr. Barrows. Mr. Monteiro is a licensed septic installer in the towns of Falmouth, Sandwich and Yarmouth. In response to
Lewis Mantel’s question as to why he is not licensed in Mashpee, Mr. Monteiro stated that he is very busy and that it was a factor of the time involved.
Glen Harrington stated that if there was some evidence of a legal business binding between Mr. Monteiro and Mr. Barrows, this issue would probably go away. If there is nothing to show that Mr. Barrows is an employee of Mr. Monteiro, then there is no legal tie, and Mr. Monteiro is acting on his own. Mr. Monteiro confirmed that Mr. Barrows is not his employee.
Lewis Mantel made a motion that Mr. Monteiro apply for, and take, the septic installer’s license exam for the Town of Mashpee. Once that is accomplished, Mr. Monteiro should apply for a permit for the installation of the 30 Valley Road septic system and be held responsible for that installation. Lucy Burton seconded the motion. All approved.
7:30 PM. Philip D’Olimpio – Quashnet Valley Grille- 309 Old Barnstable Rd.
Philip D’Olimpio, Manager of the Quashnet Valley Grille, introduced himself to the Board.
In a letter to Mr. D’Olimpio from the Board of Health, dated 10/01/07, Glen Harrington stated that Erin Sadlowski, Intern for Barnstable County Health and Environmental Dept., performed a food establishment inspection on 9/06/07 at the Quashnet Valley Grille, and noted that the Consumer Advisory disclosure was not posted on menus or within the facility, a Federal Food Code requirement adopted in 1999 by the Mass. Dept of Public Health. On Sept. 27, 2007, Ms. Sadlowski performed a re-inspection of the facility to ensure compliance with violations noted in the 9/06/07 inspection report. Ms. Sadlowski again noted on the inspection form that the Consumer Advisory Disclosure was not included on the menus nor posted within the facility.
Mr. D’Olimpio stated that last year he used printed menus. This year he is using a blackboard menu and had some people painting the Grille in the spring. The Consumer Advisory sign he had up was taken down in the painting process and was never put back up. Mr. D’Olimpio stated that he had been remiss in not re-posting the Consumer Advisory Disclosure sign.
Lewis Mantel made a motion that the Quashnet Valley Grille be reinspected by a Health Agent to ensure that the Consumer Advisory Disclosure sign is posted, and that Mr. D’Olimpio provide the Health Agent with a menu that includes the Consumer Advisory Disclosure notice. Lucy Burton seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session Minutes of 9/12/07 and 9/26/07. The following corrections were made to the 9/12/07 minutes:
1. Page 2, under 4. Request for 2007 Food Establishment Permit: Sugar & Spice, change Dino to Dino Mitrokosta throughout the first paragraph. In line 5 of the first paragraph, change the words leaving for to moving to.
2. Page 3, under 5. Request for Temporary Food Establishment Permit: Vito Marotta, paragraph 2, line 3, change opening date to date of the event.
3. Page 3, under 8, Dino’s 401 Rt. 151 Mashpee, add Dino’s last name Mitrokosta.
4. Page 3, under 8, second paragraph, line 1, change the first sentence to read: “Lucy Burton made a motion that the BOH position regarding the 600 gallon per day regulation is that the regulation requires that the septic system must be upgraded prior to property transfer.
5. Page 3, under 6. Request for Extension to Repair Housing Violations, insert the following paragraph after the list of critical violations and before the motion: The Board agreed that a chimney sweep should be hired to inspect the structural integrity of the chimney, and to determine whether the furnace flu inside the chimney is continuous and functional or if it is cracked.
Lewis Mantel made a motion that the Board continue approval of the Public Session minutes of 9/12/07 and 9/26/07, and the Executive Session minutes of 5/30/02, 6/13/02 and 7/11/02 to the next BOH meeting when all Board members are present. Lucy Burton seconded the motion. All approved.
3. Request for Title V Variance: New Mashpee Fire Station
Glen Harrington stated that Garcia-Galuska-Desousa, Consulting Engineers, on behalf of the Mashpee Fire Department, have requested a variance for the design flows for the new fire station to be located on Red Brook Road. The request is for the daily sewage flow for this project to be established as follows: 6 people x 60 GPD/person = 360 GPD. The occupant load of 6 people includes future expansion of the Fire Department staff. Garcia-Galuska-Desousa engineers believe that data compiled from the existing Mashpee Fire Station water meter readings is consistent with 310 CMR 15.203 (6) and supports their position that 60 GPD is a proper design parameter for the new facility.
Lewis Mantel made a motion that the Board grant the request for the Title V variance for the Mashpee Fire Station for the design flow of 60 GPD/person. Lucy Burton seconded the motion. All approved.
4. Request for 2007 Motel Permit: La Plaza del Sol Motel
Glen Harrington stated that there are now new owners of the Motel, who plan to winterize all units in order to make them available year-round. Peter White, Manager of the Motel, is requesting that the BOH incorporate his current application and fees into the next calendar year’s application.
Lucy Burton made a motion to deny Mr. White’s request for incorporating his 2007 permit fees into the next calendar year’s application. Lewis Mantel seconded the motion. All approved.
Lucy Burton made a motion to grant Mr. White, d.b.a. Affordable Housing Association of N.E., his request for a 2007 year-round motel permit. Lewis Mantel seconded the motion. All approved.
5. Request for Commercial Site Plan Approval: Mashpee 130 Shops, Inc.
Peter Sullivan, Civil Engineer of Sullivan Engineering, Inc. introduced himself to the Board. Mr. Sullivan is requesting approval of proposed Septic Systems repair at 474 Main Street, 31 Ashumet Road, and 470 Main Street. The request is for approval of flows for future building plans.
Glen Harrington stated that this is the former VFW property, which has been subdivided into the above 3 lot addresses, and is in zone 2, owned by one facility. Mr. Sullivan stated that the buildings will be mixed retail, general offices, and no restaurants. Mr. Sullivan plans to do away with the existing septic system and do new Title V systems for each of the lots. The lots are going to receive denitrification systems at about 3500 gal. per day flow.
Lewis Mantel moved that the Board approve the proposed septic systems for the Mashpee 130 Shops at 470 Main Street, 474 Main Street, and 31 Ashumet Road. All standard BOH commercial restrictions will apply. Lucy Burton seconded the motion. All approved.
6. Request for Review and Approval: Flat Pond Definitive Subdivision Plan
Glen Harrington stated that this property is part of New Seabury that overlooks toward South Cape Beach.
Lucy Burton made a motion to approve the Flat Pond definitive subdivision plan. Lewis Mantel seconded the motion. All approved.
7. Refuse Regulation Violation: Allied Waste
Glen Harrington stated that Allied Waste is actually now in compliance with BOH regulations, and Cape Waste is in arrears by $14,000. Cape Waste will be on the agenda for the BOH 10/24/07 meeting when hopefully there will be a full Board in attendance. Catherine Laurent would like to attend this meeting to work out with the Board how Cape Waste’s arrears amount should affect its permit.
Glen Harrington reported that the Supreme Court ruling is now upholding the requirement that town-licensed haulers must tip at a public facility. The court is no longer in conflict with Interstate Commerce laws. The waste hauling companies doing business in Mashpee include Cassella, Cavossa, Allied Waste, Cape Waste, Gibbs, BFI, Waste Management, and One Pointe. Glen Harrington stated that Cavossa is not licensed to do business in Mashpee.
Lewis Mantel identified two issues at hand: one, are the companies picking up trash in Mashpee properly licensed? And two, are they tipping at UCRTS or are they going to Bourne or elsewhere?
Lewis Mantel suggested that a certified letter be sent to all the Mashpee-licensed haulers, putting them on notice that the Supreme Court has ruled that they are required to tip at UCRTS. Glen Harrington will send a “Show Cause” letter to Cape Waste and Cavossa, ordering them to appear at the 10/24/07 BOH meeting to explain why Cape Waste is $14,000 in the arrears, and why Cavossa is collecting in Mashpee but is not licensed.
OLD BUSINESS
1. Greenwood Homeowners Association Swimming Pool
Roxanne Iwaszko, representing the Greenwood Homeowners Association, and Tim Luzietti, President, Luzietti’s Heavenly Pools, Inc., introduced themselves to the Board.
Mr. Luzietti stated that per the request by the BOH at its meeting on 9/12/07, he arranged for a pressure testing of the old main drain line of the Greenwood Condominiums pool on Sept. 21, 2007. Veronica Warden, Assistant Health Agent, was there to witness the pressure testing of the main drain. The results of the test indicated that the old main drain line had been cut and disconnected from the existing pool and filtration system. Some of the lines had been cut under ground near the pool, therefore making it impossible to know which line was the old main drain line. Also noted were problems with old poly pipes which had become brittle from chlorine, causing the fittings to fail. Mr. Luzietti stated that the pool would need main drain repair, as well as removal of the fiberglass and replacement with ceramic
tile.
Roxanne Iwaszko stated that the Association would like to do both the repair of the main drain and the fiberglass at the same time. If the Association dues come in on time, the necessary funds would be available and all work could be done at the same time. If not, the work would need to be done in two separate steps and would be more costly. Tim Luzietti asked the Board for additional time for the Association to come up with the necessary funds so that the repair work could be done all at once.
Lewis Mantel stated that to repair the existing main drain alone would bring the pool up to code in order to open the pool next season. It is up to the Greenwood homeowners whether or not the remaining fiberglass repair can be done at the same time, depending on their payment of Association dues in a timely fashion. The Board members agreed that the Association could no longer be given an extension of time. Greenwood must bring the main drain up to code before the pool can be reopened next season.
2. 51 Santuit Pond Road – Housing Inspection Update
Glen Harrington reported that last Thursday he was subpoenaed to court, by the attorney representing the property owner, for the eviction hearing on 51 Santuit Pond Road. The Judge declared the property to be condemned. Glen Harrington recommended to the Board that the property be declared condemned. The property is vacant, the oil tank is still not repaired, the Board has not heard from the owner in response to a letter sent from the BOH indicating that the property was to be condemned. Glen Harrington will go back to the property in a few days for another inspection. If the owner does not comply with the order to repair the property, one option for the Board would be to petition the court to appoint a Receivership, who will force the owner to do the repairs.
Lucy Burton made a motion to condemn the property at 51 Santuit Pond Road. Lewis Mantel seconded the motion. All approved.
Glen Harrington stated that after receipt of the Order to Condemn and secure, the owner has 7 days to reply in writing to the BOH, with a hearing to take place within 30 days after the order was issued.
3. Papermoon Update
Glen Harrington stated that at the last BOH meeting on 9/26/07, the Board ordered that a food inspection should be conducted at Papermoon before the 10/10/07 BOH meeting, before granting a time extension request by Papermoon for the completion of their staff Serv Safe certifcation. During the food inspection at Papermoon conducted by Lucy Burton and Veronica Warden on Friday, 10/05/07, the sushi chef was observed preparing food but was not wearing gloves. The chef was immediately fined $200 by Lucy Burton as a second offense. A thorough inspection was then conducted by the Health Agents. Critical violations observed included no sanitizing solutions in the suchi prep areas, open food products in the basement owned by the previous owner that were bug-infested. The manager was given 24 hours to dispose of the
open bags of food. Lucy Burton returned to Papermoon the next day, 10/06/07, and confirmed that the bags of food had been removed.
Glen Harrington confirmed that all wait staff were included in the requirement for Serv Safe certification.
Lucy Burton made a motion that a hand-delivered letter be presented to Papermoon by 10/12/07, requiring the restaurant to repair the leaking pipe inside the freezer by 10/19/07, to provide the two existing Serv Safe certificates to the BOH by 10/15/07, and all food handlers, including wait staff, be Serv Safe certified by 11/14/07. Lewis Mantel seconded the motion. All approved.
DISCUSSION
1. I/A Septic Systems
Lewis Mantel reviewed the discussion held at the last BOH meeting on 9/26/07 regarding the current BOH inspection schedule regulation for I/A septic systems. Lewis Mantel recommended that the BOH consider making changes to the current schedule to come into compliance with the State monitoring system, requiring general monitoring annually and remedial monitoring twice a year. Lewis Mantel also suggested that if ultra violet light is not working it should be included in the inspection report. Coloform testing can determine whether ultra violet light is working. Lewis Mantel recommended requiring ultraviolet light testing annually.
Glen Harrington stated that he will prepare a draft of a revised inspection regulation for review by the Board.
2. Boston DPH U.S. Postal Service Delivery of Medications Exercise – Update
Glen Harrington stated that he plans to contact John Auerbach and the DPH Commissioner regarding the Town of Mashpee using US Postal Service delivery for distribution of potassium iodide. Glen Harrington found information that there was a waiver of liability through legislation from the Commissioner of DPH. Lewis Mantel stated that if we cannot use the Postal Service, Triad would be another option for distribution.
Glen Harrington reported that Mashpee flu clinic dates are set for 11/27/07 and 12/12/07. Clinics will be conducted at Christ the King Church.
3. Oktoberfest Update
Glen Harrington reported that there were seven vendors at the Oktoberfest, with one additional person who was selling jams and jellies only. Glen Harrington issued a permit to the vendor who paid the $25 fee on the spot.
4. Medical Reserve Corps – Upper Cape and Cape Cod
Glen Harrington reported that the Medical Reserve Corps of Upper Cape and Cape Cod Medical Reserve Corps are now basically defunct. They were charged with finding volunteers, qualifying them and setting up data bases for each of the towns, but their funding ran out. The Health Agents Coalition which includes Mashpee through Cape & Islands Coalition for Region 5, voted to take over the duties of the Medical Reserve Corps on an interim basis. Data bases have been turned over to the County. The County has said they will hire a Medical Reserve Corps coordinator who will be a county employee paid by grant money to take up the duties of the former coordinators. The previous Medical Reserve Corps were sponsored by the Church of the Nazarene in Falmouth and Dennis. The question of liability is now up in
the air because the Health Agents Coalition is not a true legal group. There is no formal president or treasurer or trustee set up. The Health Agents Coalition is working on setting up an executive board that will become a president/trustee, to enable the coalition to become a nonprofit organization and accept private funds. The goal is to have an infrastructure set up where the Medical Reserve Corps is its own body, the Health Agents Coalition will be an advisory board to the Medical Reserve Corps, and each individual town will be an individual chapter that will have a sponsor to the Board of Health. The Health Agents Coalition has said that the executive board for the entire MRC will consist of one health agent from Upper, Middle and Lower Cape, one from the two Islands, two Board of Health members and a non-voting Chair.
Lewis Mantel stated that the liability insurance issue is the biggest sticking point.
The next Board of Health meeting is scheduled for Wednesday, October 24, 2007. As there was no further business, the meeting was adjourned at 9:40 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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