TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Mashpee Town Hall – Conference Room 3
Minutes of the Meeting of Wednesday, February 2, 2011
Board Members Present: Also Present:
Kalliope Egloff, Chairman Glen Harrington, Health Agent
Lucy Burton, Co-Chairman
Burton Kaplan, Clerk
Chairman Kalliope Egloff called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 Grady Consulting – Title V Variance – 2 Kim Path
Rick Grady, of Grady Consulting, LLC, introduced himself to the Board.
Glen Harrington stated that the septic upgrade at 2 Kim Path started with a request to renovate the dwelling by altering its footprint. A septic inspection was required and a cesspool was found to be servicing the dwelling. The proposed septic system consists of a two-compartment septic tank; the second compartment houses a Jet Model J-500 aerator, to a 1,500-gallon pump chamber which pumps to a Perc-Rite Drip Dispersal leaching system. The drip system consists of small diameter tubing with flow emitters that open when the tubing is pressurized during pumping events.
Glen Harrington stated that the use of the drip dispersal leaching system allows the SAS to be three feet to GW by DEP Approval Letter of the technology. The Perc-Rite Drip Dispersal system also requires a denite ahead of it so the Jet system is provided for that. An ultra-violet light is required due to the SAS being located less than 75 feet to BVW. However, the engineer is requesting a variance from providing the UV. In this case, the hydrogeology in this area is toward the Sound and not toward the wetland, so providing the UV is not going to truly protect any resource within 75 feet. Glen Harrington stated that former Mashpee Boards of Health have not required denites for upgrades in Popponesset due to the discharge of the GW to the Sound and not the embayments.
Rick Grady stated his request for the following Local upgrade approvals and a Local Variance:
1. 15.405 (1) (a) – Reduction in system (pump chamber) setbacks to the property line from state and local requirements of 10 ft. to 6.0 ft.
2. 15.405 (1) (b) – Reduction in system (soil absorption system) setbacks to the cellar wall from state and local requirements of 20 ft. to 10.0 ft.
3. 15.405 (1) (e) – Reduction in system (soil absorption system) setbacks to a wetland from the requirements of 50 ft. to 43.7 ft.
4. 15.405 (1) (j) - Reduction of requirement of a 12-inch separation between the inlet and the outlet tees and high groundwater.
Local Variance Request:
1. Reduction in system (soil absorption system) location setbacks to a wetland from the required 100 ft. to 43.7 ft.
Lucy Burton made a motion that the Board approve the septic upgrade plan for 2 Kim Path submitted by Grady Consulting Services with the variances requested, with the Operations and Maintenance contract to be provided prior to issuance of the Certificate of Compliance. Burton Kaplan seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Review of Public Session Minutes – 10/27/10, and 12/22/10
-Review of minutes from the meeting of 10/27/10 was continued to the next Board meeting.
-Minutes from the meeting of12/22/10 were amended by the Board.
Burton Kaplan made a motion that the Board approve, as amended, the minutes from the Board of Health meeting held on 12/22/10. Kalliope Egloff seconded the motion. The motion was unanimously approved.
3. Request for Retail Food Permit - Upper Cape Helping Hands, Inc. – Lynda Carroll
Lynda Carroll, Executive Director of Upper Cape Helping Hands, Inc., introduced herself to the Board.
Glen Harrington provided background information on the Retail Food Permit request, stating that Lynda Carroll, Executive Director of Upper Cape Helping Hands, Inc., and former founder of the Mashpee Food Pantry at locations including Mashpee Village, Zachary’s, Sun Storage and at a church in Sandwich, had submitted the application for the retail food permit at a new location on Bowdoin Road in Mashpee. Glen reported that Veronica Warden had performed an inspection of the Bowdoin Road location and found no violations. Per the request by the BOH Chairman, a Temporary Permit was issued to operate until the BOH could meet to approve the permit request.
Glen Harrington stated that at the BOH meeting on 8/11/10, the Board required Ms. Carroll, as the food pantry operator, to obtain a Certified Food Manager (CFM) certificate due to her numerous prior violations of the Food Code. Glen Harrington reported that to date no CFM certificate has been provided.
Glen Harrington added that Upper Cape Helping Hands was an organization that Ms. Carroll had started, but no 501(c) (3) nonprofit status has been provided.
Lucy Burton asked Ms. Carroll if she had signed up to take the CFM course. Ms. Carroll stated that for personal reasons, she has not had the time to take the course. Ms. Carroll added that the food pantry has one CFM staff member, John Gassett, and there are 2 additional staff members coming on board who are taking the CFM class.
Kalliope Egloff stated that because of serious food code violations at Ms. Carroll’s former food pantry locations, the Board had determined that it was not an option, but a requirement that Ms. Carroll become CFM-certified. Kalliope stated that the course can be taken on-line, and that there are one-day classes available. The National Restaurant Association has information on-line about CFM course availability.
Burton Kaplan made a motion that the Board extend the Upper Cape Helping Hands, Inc. temporary permit to operate the food pantry until April 1, 2011, that Ms. Carroll obtain her CFM certification by April 1, 2011, and that the 501 (c) (3) nonprofit status be in place by April 1, 2011. If Ms. Carroll has not received her CFM certification by April 1, 2011, the BOH will close down the Upper Cape Helping Hands operation. Lucy Burton seconded the motion. The motion was unanimously approved.
4. Proposed Changes to Pond Testing
Glenn Harrington reported that the MMR is requesting that the Board of Health approve a reduction in pond sampling at Ashumet and John’s Pond from twice a year to annual. The locations of sampling will not change, just the frequency. Glen stated that the two samplings currently are scheduled for the beginning of the summer season, and again 3 months later.
Glen stated that no VOC’s from the MMR plumes have been found above drinking water standards in a while, and that he has no problem with annual testing. Glen reported that Veronica Warden felt that the sampling schedule should remain at twice a year. Lucy Burton stated that the BOH is responsible for protecting the public health, and that the ponds should continue to be monitored twice a year. Burton Kaplan’s feeling was that with the two samples taken just two or three months apart, and with no problems having been found in the last few years, annual sampling should be adequate.
Lucy Burton made a motion to deny the request by the MMR to reduce the sampling of John’s Pond and Ashumet Pond from twice a year to annual. Burton Kaplan seconded the motion. Burton Kaplan voted no; Lucy Burton voted yes; Kalliope Egloff voted yes. The motion was approved.
Kalliope Egloff made a motion to add the proposed Town Meeting Article regarding Landfill Well Repair to the agenda under New Business. Lucy Burton seconded the motion. The motion was unanimously approved.
5. Town Meeting Landfill Well Repair Article
Glen Harrington explained that three monitoring wells at the landfill are in disrepair or destroyed. One is a deep groundwater monitoring well and two are shallow soil gas wells. The wells are required by the State DEP for long-term monitoring as part of the Post-Closure Monitoring Plan for the landfill. Weston & Sampson, the BOH’s contracted environmental consultant, has provided a written proposal to perform the work. The following two options are suggested as additional justification:
Option 1: a photovoltaic solar farm is proposed to be installed at the landfill in the near future. As part of the permitting process, a review of the landfill’s compliance with the Post Closure Monitoring Plan will be performed by DEP. It is the BOH’s wish that no conditions at the landfill hinder the project’s permitting process.
Option 2: failure to perform the repair may subject the town to fines for non-compliance with the Post Closure Monitoring Plan.
Lucy Burton made a motion that the Board select additional justification Option 2 for the Town Meeting Article. Burton Kaplan seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. and 2. Tobacco Regulation, and Paperwork Reduction Electronic Regulation
Discussion of these topics was tabled until the next Board meeting.
3. Client Advisory for Solid Waste
Glen Harrington stated his awareness that there is an issue with the BOH’s authority regarding mandatory recycling, and has not yet had a chance to discuss this with Town Counsel.
The Client Advisory notice also discusses the issue of site assignment, where a landfill could be requested. Right now the BOH does not have to issue a permit for the transfer station until July 12, 2012. If a new transfer station or landfill were to be applied for at a certain location, then the burden of legal costs to defend a decision to deny the application, if the BOH did not want it, would be borne by the Town.
Glen Harrington stated that he will prepare a draft regulation for review by the Board members.
4. 2011 Fee Schedule
Glen Harrington stated that it is time to approve the 2011 fee schedule. Glen distributed copies of a comparative analysis of 2011 fee schedules for the towns of Sandwich, Falmouth, Mashpee, Yarmouth, Dennis and Bourne, prepared by the town of Bourne. Discussion of the comparative analysis will be continued at the next Board meeting on 2/16/11.
Glen stated that renewals for all existing licenses and permits have been completed so that any changes that are now made to the fees will need to state when the changes take effect.
Veronica Warden has requested the following changes:
1) Septic repair permit to be changed from $100 to $125
2) Food Service 0-50 seats from $100 to $200, and 51 seats plus, from $200 to $300
Glen Harrington’s comments on the fees: remove the $50 kennel license, as the BOH does not issue kennel licenses. Glen recommended no fee increases.
DISCUSSION
1. Sale of Shellfish at the Tribal Farmer’s Market – George “Chuckie” Green
George “Chuckie” Green, Assistant Director of Natural Resources, Mashpee
Wampanoag Tribe, introduced himself to the Board. Mr. Green stated that he had been invited by Sean Bowen, Aquaculture Specialist at the State Department of Agricultural Resources, to participate in a MA. State pilot program for selling fresh seafood at farmers markets. Mr. Green’s purpose in attending the BOH meeting tonight was to explore with the Board members the idea of a farmers market, perhaps one day a week, on the grounds of the Tribal Council headquarters on Great Neck Road South, and to determine what BOH requirements would need to be addressed. Mr. Green stated that he would plan to invite the Diaz Farm owner in Mashpee to participate as a vendor at the market. Mr. Green stated that his primary goal is to begin selling local oysters in the shell, taken from an area off
Punkhorn Point, a fraction of a mile from Tribal headquarters which the tribe leases for shell fishing, to Tribal members and local residents. Currently these Cape oysters are being shipped out to Boston, New York and other locations off-Cape.
Mr. Green stated that Sean Bowen felt that the necessary equipment would be fairly simple, and recommended industrial grade ice coolers, elevated and drained. Burton Kaplan concurred, stating that putting fish on ice is a standard throughout the industry, and that mechanical refrigeration has a tendency to dehydrate fish.
Glen Harrington noted the following requirements that would need to be met:
1) Refrigerated truck for transportation from Cape Cod Bay to the farmer’s market
2) Retail Food Permit required
3) Wholesale license from the State
4) Proper Disposal of the ice and melt water
5) Coordination with Shellfish Warden for notification of lot closures due to water monitoring
The Board members agreed that the idea of the farmer’s market was a great concept, but did not make a motion to approve the idea because the meeting was merely an informal introductory discussion. The Tribe must first get approval from the Town, the Mass. Dept. of Public Health Food Protection Program, and the State Division of Marine Fisheries. Mr. Green stated that both he and his associate Christine Clark have completed their CFM certification course.
2. Annual Report Discussion
Lucy Burton recommended some revisions to the Annual Report. Glen Harrington will incorporate the changes to the document before it goes to print.
Burton Kaplan made a motion that the Board adjourn the Public Session, to enter into Executive Session, not to return to the Public Session.
Roll Call Vote: Lucy Burton, yes; Burton Kaplan, yes; Kalliope Egloff, yes.
The public session meeting was adjourned at 8:05 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
attachments
| 
