HARWICH BOARD OF HEALTH
TUESDAY, JULY 10, 2007 AT 7:00 PM
SMALL HEARING ROOM – TOWN HALL
MINUTES
BOARD OF HEALTH MEMBERS PRESENT: CHAIRMAN DR. STANLEY KOCOT, MIMI WATSON, DR. AL HURST, DR. ROBERT INSLEY, PAMELA HOWELL, HEALTH DIRECTOR PAULA J. CHAMPAGNE.
OTHERS: SELECTMAN DAVE MARSLAND, TERRY WARNER, CHARLES, BASCOM, DAVID MICHNIEWICZ, MARK NOVOTA, JOHN BOLOGNA, FRANK SAMPSON, ATTORNEY MYER SINGER, CHRISTOPHER VARDAKIS, STANLEY NODELMAN.
I CALL TO ORDER
Chairman Dr. Stanley Kocot called the meeting to order at 7:05 p.m.
II MINUTES OF PREVIOUS MEETING-June 12, 2007
Motion Ms Watson moved to approve the minutes of June 12, 2007 as presented; Dr. Insley seconding; motion passed.
III 7:00 –7:30 p.m. BOARD OF HEALTH WORK SESSION--None
IV 7:30 p.m. OLD/UNFINISHED BUSINESS
A—Discussion – 4 lot definitive subdivision, Church Street, Bascom, prepared by Terry Warner—Terry Warner, surveyor, with appreciation for hearing them early to allow them to appear for the Conservation Commission at 7 p.m.—Charles Bascom, owner, present. Since the preliminary discussion, changed the lot line on Church Street to allow a 16-ft gravel road and had the existing septic system inspected. It passed and groundwater requirements have been met. Health Director: recommend favorable approval of 4-lot subdivision in water recharge area subject to Title 5 requirements and usual variances. Motion Dr. Hurst moved to approve the 4-lot subdivision with the
usual order of conditions: that no variances will be considered from Title 5 or local Harwich Board of Health regulations for development on any of the lots; Ms Watson seconding; motion passed.
B—Hearing – outstanding orders to eliminate non-compliance issues for grease trap installation and catering permit, Chatham Seafood Enterprises dba George’s Fish Market—Christopher Vardakis, part-time employee: Scot Kelly went home sick. Query: do you run a catering service? We deliver. Do you have a permit? We don’t cater; we deliver to the site; they cook them. Health Director: advertising is to the contrary in newspapers. We had a lengthy discussion 11 months ago on their need for a catering license. There was an understanding on both parts that there was a need for a license. There are other outstanding issues that need to be taken care of. Three
years ago they promised to install a grease trap. Has one been installed? No. Why? Consensus is there will be a list of what is needed for the site that must be completed within 7 days of this meeting. If any are not done and written notice is received of compliance, including a time line for grease trap installation and whether inspection of the septic system is required, we can institute fines for each offense. These would be 2nd offenses, the fine is $ 25 for each infraction; the 3rd fine is $ 50 each; the 4th, $ 100 each; four areas for possible fines were listed. Steps needed are:
1) floor plan update of entire facility, 2) facilitate plans for catering with a written procedure including temperature in preparation area, delivery stage and how you maintain the temperature as standard operating procedure, 3) written plan of safety of food in and out for food delivery, 4) walk-in refrigeration of produce corrected, 5) re-inspect temperature food infractions of last week, 6) Complete installation of grease trap and Title 5 certification that existing septic system is operating out of compliance. Dr. Insley: last year they told us the grease trap would be installed within two weeks; originally it was to go in in 2005, but it was never completed. Dr. Hurst: one week or revoke their permit. Chairman Kocot: an inspection is essential; the integrity of the system needs to be determined. They
had Coastal Engineering engaged for that; the second week in September was for grease trap installation. We allowed them to operate for two months without it. Should we mete out fines for the various violations? Query: what is involved? New plumbing lines and connect it up; probably two days off line during installation. Chairman Kocot: I would expect it would be installed within the next two weeks. Discussion on time limit: 30 days? 45 days? 2 weeks? The next Board meeting is on July 31, which is two weeks. Why not immediately; they have thumbed their noses at us. Dr. Insley asked what legal steps need to be taken, writings, fines, in order to effect the full wrath of the Board. Suggested be done within 7 days: septic inspection and grease trap installation. Query: do you do any fish processing? Mr. Vardakis: very little, some. Lot of cutting bass from charter boats, cut; lobster man takes the refuse for bait. Health Director: Pat Ballo just there Thursday; she found a wholesaling
expansion plan. Need to submit locally for approval before implementing any plans. Motion Dr. Insley moved that orders be given to Mr. Kelly for implementation by July 31, 2007; the Board to meet with Mr. Kelly on that date to discuss his progress or lack thereof, and if any are not done the Board of Health will take further action; Ms Watson seconding; passed unanimously.
V NEW BUSINESS
A Discussion –Stanley Nodelman, 744 & 746 Route 28—request to extend sewage disposal permit # 04-209 beyond the final expiration date of August 2, 2007—Stanley Nodelman, owner: it is impossible for me to put the system in; near bankruptcy; I give up and want to sell. The Zoning Board and Planning Board have battled over this project for years and delayed approvals. There was a group, the developer took me on loans; this Department held up a loan on me. This is the end of a 6-year quest; I want to keep the septic permit to make it marketable. Chairman Kocot: it would be in violation of our rules and regulations if we extended it once more. Can you get a system
in by August 2? Mr. Nodelman: the town caused the hold-up; the Zoning Board had an issue; only if you have the $ 50,000. The Health Director told a California bank I would have a hard time getting a septic system in place; I asked her to tell them the rule is all existing homes will be given a septic system, but she refused. Health Director: review period, same time as the variances; the appraiser was seeking information for value. Variances needed on the property so it would be difficult to change use. Mr. Nodelman: there is no change of use; I did not use this variance; they gave it to me; it is too small a lot, I did not need this variance. The prior owner got turned down. Health Director: send application for that property—owner of Nantucket Ferry wanted something else there. Query: is the Board allowed to give an extension? The Board of Health permit issues for one year; it may be extended two times. After that must apply for a new permit and move up to any new code. The
permit is April 2004.Mr. Nodelman: have the rules changed? Would I need to design a new system; could the old system still be used? Health Director: I have not had an application to review; there are some new rules. You may need to come before this Board and request variances to gain a new permit. There have been some changes; hopefully none in the regulations that would effect any plan. Dr. Insley stated he will abstain from voting. Motion Dr. Hurst moved to deny an extension of permit # 04 – 209 because of the Board of Health rules and regulations; Ms Howell seconding; vote was two for, one against and one abstention, motion passed.
B—Discussion – Wequassett Inn, 2171 Route 298, Special permit/site plan submitted to Planning Board) addition of 12 new guest rooms, Coastal Engineering—David Michnieqicz: Mark Novotan and John Bologna are also present. We have been approved at Conservation Commission for a system in excess of 10,000 gallons per day. The DEP has jurisdiction based on the size of the system and the long range picture is treatment for our entire site which will be in excess of 15,000 gallons per day. They will allow us to build the 12, using an interim system proposal if we sign an Administrative Consent Agreement with DEP stating the large system, to which all units must be
attached, will be installed in the winter of 2008-2009. The additions are to the left of Round Cove. The interim plan is to eliminate onsite laundry and all washing machines to allow the 1,320 gallons per day to be piped to the existing laundry leaching field. The net increase is 120 gallons per day. We have filed the interim disposal system with the DEP to allow construction to be completed for spring 2008. We seek a groundwater discharge permit and approval. All buildings will be connected to a new system by April 2009, but we would have the use of the additional 12 units in 2008. Brian Dudley has sent the Consent Agreement to Boston for review. The leaching system is less than 10 years old. Query: groundwater, distance from Round Cove, from the line? The field is an existing Title 5 field—on this 50 scale drawing there is over 400’ to the coastal bank of Round Cove. The elevation is 23‘, and there were no variances needed when the field was installed. There is
proper separation from ground water. Health Director: this is an expansion of an existing building, by adding a second floor. Flow will be pumped uphill to the existing laundry system. All systems will be abandoned in 2009 and all units will be connected to the new system? The new treatment plant—type? standards? Frank Sampson of the Water Quality Task Force was invited to sit in on this meeting.
We are evaluating the technology options, evaluating equipment and expect to make a decision by the end of July, so we can have designs made. It is a major ground water discharge permit, so DEP standards of 10parts /million nitrates and 10parts/million total nitrogen would apply. There may be a reduction of total nitrogen of the property; the standards require no new nitrogen. Health Director to Mr. Sampson: will granting a water discharge permit be in sync with the TMDC? Mr. Sampson: no net increase is the goal. We don’t know when or what will happen; it is an issue. There have been a lot of changes recently in the Pleasant Bay area, we are looking at remodeling. We don’t want their dollars wasted; but they must go forward with their plans. Health Director: we would like you to include the
Board of Health as a participant with the DEP, so that we remain an active voice in the project. We are not the issuing authority, but we do want to stay current. Mr. Sampson: if the target changes, TMDC’s get worse, the Water Quality Task Force would also want to participate. Ten parts per million won’t do it for the entire watershed. Will the discharge go to Round Cove or Pleasant Bay? We did the wells, but have not mapped the groundwater flow. We must do a full geologic study; the top comes over Round Cove. Queries: Is this Zone II? Like the Summerwoods proposal? No, this is a more open area and not in Zone II. Health Director: recommendation is a favorable statement to the Planning Board based on acceptance of the June 27, 2007 documents for this time. Before the DEP ground water discharge permit is issued for 2008 and 2009 facility permits, you will continue to meet goals and issuance of all annual operation permits by the Board of Health will require the Department
being informed. Dr. Hurst: building them is ok, but occupancy? I would like to see the plant in place before use. This is the cart before the horse. We know DEP treatment levels, but which system is unknown. Attorney Myer Singer: goals must be met. It will reduce the current nitrogen on site; that is a benefit. There will be proper treatment of the effluent from the 12 units, by pumping to the new system which meets the standards. Wequassett Inn can serve the public, but not increase the sewage flow in the interim. In the long run, they will reduce the nitrogen. Motion Dr. Insley moved to accept the proposed engineering plan of June 12, 2007; Ms Watson seconding; motion passed unanimously.
C—FY08 – VNA Contract for services—VNA: we have $ 10,000 in the budget; this is starting in August and you must recommend to the Board of Selectmen for their signature. The Board of Selectmen has the authority to enter into contracts; you can only recommend. Fiscal year ’08 as approved in the May 2007 budget; there is no increase in fees. Motion Ms Watson moved to approve the VNA contract amount and send a recommendation to the Board of Selectmen to enter into a contract with the VNA; Dr. Insley seconding; no action taken. Discussion: items include those not covered by third party payers—homebound evaluations when coming out of the hospital, flu clinic,
etc. The VNA exhausts all 3rd party payers for maternal child care, immunization clinics. We use them for follow up on communicable diseases and flu clinics; there are not a lot of skilled nursing visits. Sue Jusell, the town RN, takes care of a lot. Comments about Plymouth, MA’s contract, information from several nursing agencies received in physician’s office, need to research if it can be done for less money. It would be researched for the 2009 fiscal year, try to get competitive bids for the work. Competition makes sense. Query what surrounding Cape towns do: use the VNA. Motion Dr. Insley moved to approve the VNA contract amount and send a recommendation to the Board of Selectmen to enter into a contract with the VNA; Dr. Hurst seconding; motion passed unanimously.
VI REPORT OF THE HEALTH DIRECTOR
-Complaints – Harwich Food Mart, Bishop’s Terrace, assist other departments—Past two weeks busy: responded to a complaint of rodents from Bishop’s Terrace on June 7; instituted an operation to seal the building. Because rodents found after the week, another agency inspection. We are doing facility outreach about pests, animal removal, danger from the animals droppings over everything to people. No food preparation allowed until the animal population is down and under control. The owner’s focus was very narrow—getting the facility open again. The problem was smaller than anyone thought—building is closed for the winter; it is an old building;
we were able to get a lot of junk removed. As of June 24 nuisance animal removal was under control and they went to the Board of Selectmen to have a temporary victualler’s license issued. The follow-up will be no release of pesticide, but a continued emphasis on keeping outside of building clear so not a haven for rodent harborage. Difficult situation as owner collects junk. Chairman noted more staff has allowed the Health Department to pre-empt this situation. Good follow through in the kitchen. They will need to button up and secure the building. Query how they know if the population is extinct? Creatures of habit, phosphorescence in urine is visible under black light along same paths they follow.
-Harwich Food Mart--complaint that there were mattresses in the back of the facility at 6 a.m. Pat Ballo went and found a wall constructed without a permit with a sleeping area, found slippers, etc., although Ashid Zaid, owner, denied this. Three workers slept in 3-hour shifts in the back. Immediate order to correct within 24 hours or face fines, after a very heated discussion. A copy of the violation sent to the complex owner, Mr. Gargiulo. Sleeping in a commercial area puts all businesses in the complex at risk. The plumbing was fixed in the hand sink. There will be a close watch on this facility; the owner was told that if he did not comply within 24 hours he must come before
this Board. The Board will require he attend a meeting if there are any further violations.
-Dairy Queen-- was Central Café; now serving coffee and small treats offsite.
-Brook’s Park Fair –July 7 and 8, have been notifying participants what is required to serve food off premise in Harwich. Cape Cod Cookie Co. could not demonstrate they had a licensed kitchen where food had been prepared and no one certified as a food handler.
-Starbucks at Stop & Shop--the construction company ready to close out, but no operation plan has been submitted stating certification, menus, food prep places, etc. They missed a July 9 appointment; not allowed to open until review of their operation.
-Chamber of Commerce notice--Main street strolls this week; we have sent everyone a list of do’s and don’ts for food service. They can’t serve outside of their venue without a separate approval from the Board of Health. Query: will there be inspection that night? We have no paid employee for that task; people let us know; we can plan staff to attend next year.
-Program status—pool inspections--all inspections are complete; Coachman Motor Lodge cannot open their pool as not in compliance; need requirements met by July 11. Need a certified pool operation; a CPR person on site; daily maintenance schedule of pool. The chlorine level is important and must be properly maintained. Some private pools want to go public and have come for a permit. The pools are in good shape.
--- beach sampling—you have the first spread sheet of sampling. Two warnings for private beaches; the public beach samples were fine. These are sent to beaches, the Board of Selectmen and Harbors for posting. Wequassett Inn and Allen’s Harbor Beach Association had to retest after a negative result. We received Tier 3 status on June 20 for the submitted beaches; it is already in effect. We must announce we do not have to test these locations after a pristine history; we need to publicize our successes. Query: coliform can drop in one day? It will
drop with tide: source could be animal waste, stormwater water, boats, goose droppings. If testing comes right after a storm, you may have to retest as the runoff makes high numbers. Query: why are freshwater numbers higher than marine ones? Different standards; ecoli vs enterococci in marine; these are different organisms. The standards were adopted by the EPA in 2000 and they later changed them. The ecoli does not have viability in salt water.
-Dumpster issues, harbors--Tom Leach, harbor master, has been apprised of complaints of people picking through the trash; it is a management issue. It causes spreading of germs.
-Brooks Pond-- complaints of too many dogs; health issue; there are no scooper laws and many children use this pool. Animal Control Officer Jack Burns has been informed, with a cc to Lemuel Skidmore in Red Cove, but cannot sanitize the world. Selectman Marsland: if they are in the playground area, that is a problem; I have heard it is dog park. I will talk to the Town Administrator, possibly a No Dogs sign in that section.
-Marini records determination—William Galvin supports the Board of Health stand on confidentiality of some records within our office for Attorney Fuerbach’s request.
-emergency planning—Spread sheet of food supplies for emergency situations is being prepared. Where can people get food? Food storage?
-Wastewater management plan—Water Quality Committee had a CDM contract for the field of scope of work and calendar for comprehensive study. The Board of Health and our office will be asked to help once the contract is signed. They need help evaluating the data. Now there are monthly meetings with the engineers as more oversight is needed.
-Great Sand Lakes study—Executive summary is to be released shortly; there will be a public meeting with a presentation. You have an early copy. Phosphorus, fresh water behavior. This is a landmark study, greater than $ 10,000 in cost, assessing the uptake dynamics in kettle ponds. You have new good breaking information.
-FY07/08 switchover—The order for the ’07-’08 influenza season flu vaccine has gone in to the state. This was under the article approved at Town Meeting. The new fiscal year started. Health care workers and Nurses will need to have the vaccine; if not, a signed declension form will be needed.
VII CORRESPONDENCE
-Dept. of Public Health to Police Chief William Mason re inspection
-Dept. of Agricultural Resources re NSTAR vegetation control program
-MDPH re arbovirus surveillance program
-Harwich Land Use Mapping Workshop, July 10, 2007
-Coastal Planning for beach nourishment project on Nantucket
-Barnstable County Health Dept. to James Sullivan re UST at 21 Mill Road
-DEP to Jiffy Cleaners, Inc. re hazardous waste and air pollution control regulations.
VIII BILLS
IX PERMITS
Query: the United Methodist is selling ice cream; do they need a permit? The Barn & Barrel have a retail food permit, so they can sell packages of ice cream and other packaged food items. Health Director: new massage therapists, 4, this seems to be a transient industry. Cape Cod College has a new 500 hour massage therapy program in place. Recommend approval of the July 10, 2007 list; the four therapists are the new ones. Motion Dr. Hurst moved to approve the list of July 10, 2007 for permits as presented; Dr. Insley seconding; motion passed.
X OTHER
By request, a review of the Board of Health Rules and Regulations will be on July 31st agenda for the work session.
XI ADJOURN
The meeting adjourned at 8:51 p.m. upon a motion by Dr. Robert Insley.
Respectfully submitted,
Sandra C. Howard
Next meeting is Tuesday, July 31 at <<< 7:00 p.m.>>> in the lower hearing room.
| 
