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Minutes 09-07-2010
                        TUESDAY,  SEPT. 7, 2010 AT 6:30 PM


I       CALL TO ORDER—Agenda 2 pp

Chairman Dr. Stanley Kocot called the meeting to order at 6:30 p.m., noting the Selectmen liaison is in attendance, which is appreciated.

II      Minutes of Previous Meeting -- 8/3/10 BOH minutes – 6 pp--.Motion Dr. Insley moved to approve the minutes of August 3, 2010 as presented with corrections:  p.2 David Clark not present for this hearing; p.3 variances approved for “802 Queen Anne Road”; p 4 insert “as” 7th line from bottom; p. 5 “Andalae Restaurant”.5 Ms Watson seconding; motion passed unanimously.

III     6:30 – 7:00 p.m. BOARD OF HEALTH WORK SESSION—Hearing Legal Notice

A – 6:30 – Legal Hearing  1. to consider amendments to the fine schedule for violations to “Town of Harwich Minimum Sanitation Standards for Food Establishments and Swimming Pools”,   2. to consider the addition of a “Retail Food Event Permit “ to the category of retail food.  Health Director Paula Champagne noted hearing was posted in the Cape Cod Chronicle:  The Harwich Board of Health will conduct a public hearing on Tuesday, September 7, 2010 at 6:30 PM, Small Hearing Room, Harwich Town Hall, 732 Main Street, Harwich, MA 02645 to solicit public comment on proposed changes in fees to add an event permit and changes in penalties for swimming pool and food service violations.  Copies of proposed fees and violations penalties will be available at the Health Department.  The office received no inquiries nor requests for information.  Chairman Kocot declared the Hearing open at 8:35 p.m.  Health Director:  proposed that a new event fee at $ 50 annual fee be instituted which would allow the vendor to participate in any farmer’s market, street fair or craft show for the calendar year.  All vendors must be licensed operators.  Second item:  Change penalties for swimming pool and food service violations from:  first—written warning, second -- $ 25 fee, third and all subsequent -- $ 50 fee—strike these and change to initial Board of Health notice of violation = first or written warning, second -- $50 fee, third and all subsequent--$ 100 fee.  Third offense shall result in a hearing before the Board of Health to show cause why the permit should not be suspended or withdrawn.  With no one wishing to speak from the audience, Motion Dr. Insley moved to accept the proposed new fee schedules; Ms Watson seconding. Proposed effective date, accepted by motion maker and person seconding: October 15, 2010.    John Sennott, head of the Farmer’s Market, arrived and posed questions—are all markets and fairs included?  Yes and we believe this is a fair fee.  Does it run for the entire year?  Yes.  Vote taken; passed unanimously.  Motion Dr. Hurst moved to close the hearing; Dr. Insley seconding; motion passed.


A – Hearing – Thibodeau –23 Sandy Lane—to reconsider orders of condition # 1 granted January 15, 1998 re increase in square footage or number of bedrooms to the dwelling—7/20/10 letter from Thibodeaus, floor plan proposed bath, storage areas, floor plan existing garage, 1/16/98 BOH Variance approval for 23 Sandy Lane, engineer’s floor plan segment,10/2/02 Notification to owner sewage system passed inspection--Remi Thibodeau:  my wife Diane is also here to speak—we purchased the property after the deed restriction; abutters had not been properly notified in time for your last meeting.  Mrs. Thibodeau:  this is a one-bathroom dwelling, but we want to add one more.  It is in a high water table; a sump pump is needed in the cellar, so the garage is the only space available.  Health Director:  there would be no increase in square footage, habitable space or number of bedrooms from variances granted January 15, 1998 so is in keeping with order of conditions.  The septic system passed at the real estate transfer; recommend approval.  Motion Dr. Insley moved to allow the proposed bath floor plan and storage area with plans to be recorded and in keeping with existing order of conditions; Ms Watson seconding; motion passed.


A – Discussion – Jennifer Stevenson, 26 Great Woods Road, concerns on the sue of pesticides in Harwich—8/9/10 letter from Ms Stevenson-2 pp, Lebanon Turf Dimension – 11 pp, The Andersons’ Merit insecticide – 2 pp, MSDS -9 pp, Marblehead BOH Organic Pest Management Regulations – 7 pp—Jennifer Stevenson:  my concern is the use of pesticides on school property in Harwich; the package I sent you has Marblehead, MA organic pest management plan; they are the first Massachusetts town to pass this law; I would like Harwich to be a leader in this area.  The danger is the chemical exposure to children.  There is no standard notice sent to parents about chemical use on school property—we were not notified.  The Chapter 85 Acts of 2000 require notifi-cation.  I also would ask that you help to sponsor a presentation by Chip Osborne, a land care professional, on organic land care; he would speak in Harwich and be able to answer individual’s questions.  We seek a venue, his talk would be free of charge; could it be videotaped?   Chairman Kocot noted this Board addressed the issue of pesticides when NSTAR’s treatment of power line property became an issue earlier this year; we are opposed to the indiscriminate use of pesticides.  Health Director: the Department of Agriculture usurps the power of law in the matter of pesticide use in the case of Attorney General and the town of Wendell. Ms Stevenson:  what is applied goes directly into our groundwater as even small amounts are toxic and harmful to our environment—we need a policy of non-toxic pest management; it is a PR process.  My second goal would be a county-wide program. We need to be “ide” free.  Health Director:  I will call the school department to assure compliance on notification when pesticides are to be applied; you should register with the Board of Selectmen; it is useful that you are willing to educate us. Contact the town’s Agricultural Committee, Lincoln Hooper of the DPW and Craig Wiegand, Superintendent of the Water Department.  You could request use of a room at the Community Center for the talk.
B –Hearing – Philpot, 164 Clearwater Drive, to reconsider orders of condition granted April 10, 1991 –no further increase in habitable space-8/26/10 letter from Philpotts – 2pp, 4/16/91 Variance approvals (2) for 164 Clearwater Drive – 2pp, 8/2/10 Notification to owner sewage system passed inspection, photo exterior proposed extension location, site plan, plans of existing and proposed extension, 8/26/10 Notification to abutters w list-2pp -Robert Philpott:  we seek to add 36 square feet of habitable space to expand the bathroom in this 3-bedroom dwelling; the 72 figure listed is incorrect.  Health Director:  there is no increase in habitable space nor in the footprint of the house.  These variances are not caused by the changes in the dwelling; they were needed in 1991.  This is in keeping with the 1991 order of conditions; recommend approval.  Motion Dr. Insley moved to approve two variances requested for additional 36 square feet for 164 Clearwater Drive; Ms Watson seconding; motion passed unanimously.

C  -- Hearing – Bilotta, 13 Pine Wood Lane, variance request to replace a sewage disposal system prepared by J.J. O’Reilly & Assoc., (1) septic tank from foundation wall 10’ required, 6’ available, variance 4’; (2) Soil absorption system from cellar wall, 20’ required, 11’ available, variance 9’—8/24/10 letter from Keith Fernandes, 8/25/10 letter from Keith Fernandes, 8/25/10 letter to abutters, 9A Application for Local Upgrade Approval – 3pp, 7/28/19 Zoning Board of Appeals decision on 13 Pine Wood Lane – 2 pp, 7/23/10 Assessor’s Office Abutters’ request form, 2 locus maps & list – 4 pp,  8/12/10 check to Harwich, proposed floor plans – 3pp, 6/24/10 engineer’s system design—Keith Fernandes:  this is an upgrade of a cesspool system; the variances would be the same even if they were not seeking the additional 260 square feet and just replacing the existing system.  They are basically taking away their sun porch in return for their additional space, so it is a decrease of one room.  There is a full foundation. They are adding the square footage to the second floor; it will remain a 3-bedroom dwelling.  Health Director: these are setback and not environmental variances; recommend approval of the August 23, 2010 plan as it is an improvement of the system.  Motion Dr. Insley moved to approve the two variances for 13 Pine Wood Lane for the 8/23/10 plan; Ms Watson seconding; motion passed unanimously.

D – Hearing – Return to compliance plan for Dave’s Cape Cod Smokehouse, Dave Reese, 291 Queen Anne Road –cease and desist issued 8/16/2010 for critical violations in reduced oxygen packaging procedures—8/19/10 Critical violations letter to Ralph David Reese- 2 pp, 8/25/10 letter from David Reese – 3pp, 3 days production records of Dave’s Cape Cod Smokehouse – 2 pp, 9/2/10 letter from R. David Reese, 9/2/10 report of Pat Ballo re Dave’s Ribs HACCP Operations, HACCP plan for non scombroid fish – 7 pp, HACCP plan for pork, beef & poultry – 17 pp, Daily Sanitation Report – 14 pp—Dave Reese:  Palmer Farrington is also here with me, he is an assistant helping with computerized detail records.  The federal government regulations are extensive in the rib business and I complied with them until the economic downturn.  Health Director:  clarification—the letter of 8/19/10 reflects the 8/16/1 onsite inspection of the facility finding a lack of record keeping on the premises.  You need the approval of the MA Department of Public Health for a wholesale permit; this entity is no longer in the wholesale business.  Mr. Reese:  this is our second year of operation; the Director has the 9/2/10 report.  We tried for a wholesale permit in 2007-2008 and spent $ 250,000 in renovations in order to comply.  We complied effective June 2009, but we did not renew the permit in June of 2010 because of economics.    We were in 20 stores during that period.  Mr. Farrington has assisted me in getting the paperwork in place on computer to comply with guidelines for recordkeeping.  I was not keeping the records at the facility as I told Pat Ballo; I have changed that practice; I was in error by not.  We will have the meat inspector of Plymouth in in either October or November to become compliant once again as a wholesaler. Chairman Kocot:  can you assure us that you will continue the changes in the future?  Mr. Reese:  the logs are available to the Health Director at any time.  Health Director:  1) HACCP requires constant monitoring and log updates; he has an independent contractor assisting him to comply in this area; 2) Mr. Reese is reinstating his recordkeeping on premise.  There was a 9/2/10 list of other issues, mostly a lack of follow-up after a change in operations.  He runs a fine operation; we have invested a lot of time in setting up the standards; there have been many meetings and we have had many requests for documentation.  He needs to define the steps he does.  Query:  what is the danger in this process? Health Director: botulism and other illnesses.  Recommend they return to our October 5, 2010 meeting to assure us you are in compliance.  Your packet has not been reviewed yet and I am unable to recommend its acceptance at this time.  Motion Dr. Hurst moved to continue the hearing to October 5, 2010; Ms Howell seconding; motion passed unanimously.

E—Hearing –Cape Cod Claddagh Inn and Irish Pub, 77 Route 28, return to compliance plan—swimming pool closure order 8/31/2010 due to critical violations—9/1/10 letter to Cape Cod Claddagh Inn & Irish Pub from BOH with summary of findings – 2 pp, Outstanding Issues as of 8/31/10, 7/12/10 pool inspection report, 8/31/10 pool inspection report—Kathy Connell:  I was at fault; these are photographs taken to show we have returned to compliance.  I was swamped after the July 12, 2010 inspection and lacking support from parents and intermittent other family members’ help; I was busy cooking and didn’t get to do this.  We have complied with everything—we’ve installed a hard wired telephone; the safety equipment was relocated and is visibly displayed; there is a safety kit on site; the ladder was jack hammered in; the depths have been marked; striped  tape has been installed; sign installed stating children under 14 require an adult in attend-ance.  We do request a delay in compliance for putting tapes where the steps descend until after we lower the level in pool this fall.  The alkalinity is 150 and it should be 100; we are working on getting that done. Health Director:  You now have an assistant manager which eases the pressure; you do need more people trained in CPR as if you are cooking, your training might not work.  Need someone on site who is accredited—possibly a bartender or wait staff can take the training.  With Amy out-of-state a re-inspection was not possible so we asked that she bring photographs to document im-provements and return to compliance.   Motion  Ms Watson moved to approve the return to compliance plan for 77 Route 28 subject to a re-inspection; Dr. Insley seconding; motion passed unanimously. We do trust you will keep in compliance in the 2011 season.


-complaints— 8/16/10 e-mail to G. Larsen from (Paddy Barry) Diane Hill re Pleaseant Lake General Store front door, 7/26/10 follow-up of 7/21/10 complaint from Mr. Boales re Corner Undcle Venies & Rt. 28 junk & rodents, 8/2/10 follow-up & complaint from Sally Williams re 4 Chase St. sewage odor w property owner record (POR)- 2 pp, 8/2/10 follow-up & complaint from Eric Smith re 115 Chatham Rd exposed cesspool w POR-4 pp, 8/2/10 follow-up & complaint from Evelyn Dore re Belmont Condos sewage odor, 8/2/10 follow-up of 7/26/10 complaint from Mr. & Mrs. Robert Bueri re L’Alouette Restaurant dumpster smell- 2 pp, 8/19/10 Memo from J. Merriam to Nan Balmer, cc BOH  re 16 Bank St. Motel License (Sandpiper) non-payment of taxes, 8/3/10 e-mail from Health Dept. to BB re Proposed Horse Farm 339 Queen Anne Road w 8/2/10 forwarded e-mail to G. Larsen from Mr. & Mrs. Richard Bazer re request to ensure proper licensing & monitoring occurs, 9/1/10 e-mail response to Tony Esposito from HD re his 8/31/10 e-mail to multiple addressees incl. Judy Sullivan re request for septic system failures wi last 2 weeks, 8/31/10 e-mail response to Danielle Novak from HD re 8/19/10 e-mail from Ms Novak with photos re bed bug bites Coachman Inn – 2 pp, 8/30/10 e-mail response from Ashley Tiguy re 8/30/10 e-mail response to Mr. Tiguy from HD re actions taken in response to 8/30/10 e-mail from Mr. Tiguy re bedbugs Coachman Motor Inn on which he filed a 7/30/10 report- 2 pp
-Pleasant Lake Country Store—the door issue has been resolved.
--Two complaints on debris at Uncle Venies on Rt. 28;
-Strange odor noted on Chase Street; after investigation learned it came from seaweed.
-115 Chatham Road:  complaint of an open cesspool on abandoned property; owner contacted to resolve.
-Belmont condominiums: complaint of sewage all weekend, August 2, by 3 or 4 persons;
-L’Alouette Restaurant—dumpster odors—complaints and calls received; caused by rotting vegetation;
-Sandpiper Motel: it has been sold; license issued; complainant queried of Town Administrator Mr. Merriam why a license issued when there are unpaid taxes—response is we have liens as property transfers;
-335 Queen Anne Road:  stable is building a 140’ x 60’ indoor riding ring; neighbor noticed construction.  They have an agricultural exemption for greater than 5 acre venture, but owner, in spirit of being a “good neighbor,” plans to apply for a local stable permit and meet all local requirements;
-food service-Summer 2010 FOOD TALK on food allergies- 4 pp-, 7/26/10 Toast of Harwich report from Pat Ballo, 3/30/10 letter to Harwich C. of C. & Wequassett Resort on Toast of Harwich guidance documents-3pp, 7/22/10 letter to Back Nine Cafe- 2 pp, 7/26/10 e-mail from Matthew Cassarino re Stop & Shop -2 pp, 7/29/10 e-mail response to James Merriam from Jack Brown re new High School’s system use as back-up for Cranberry Valley Golf Course to 7/29/10 e-mail to HD, Mr. Brown & others from J. Merriam re idea to consider expansion of new High School septic system capacity for CV use at a lower cost—Mr. Merriam has put forth idea of connecting Cranberry Valley Golf Course to planned new high school system as would be a cost savings rather than separate systems for each;
-Toast of Harwich –Pat Ballo has submitted the report on the festival.
-Back Nine Café—they seek cold smoking of fish which does not require a HACCP plan; it is basically a flavor enhancement.
-Stop & Shop—we inspected several cartons of milk off the shelf and could not substantiate that there was sour milk for sale there after receiving a complaint;
-pool closures—8/11/10 Seascapes Village Condos report on pool closing upon 8/11/10 inspection finding  of high chlorine levels w retest passed on 8/13/10, --Amy has been in charge of inspecting pools; there will be a 2010 report. We changed our testing equipment to an upgrade and found very high levels of chlorine in some pools—too dangerous to allow to continue.  There needs to be an education service for operators who maintain levels in between professional visits.  At Seascapes Village Condominiums their level was 13.5, which can cause harmful effect
-housing—8/31/10 e-mail response from Cheryl Sullivan re 10 Northern Ave. rental complaint to 8/31/10 e-mail to C. Sullivan from HD in response to two 8/30/10 e-mails from C. Sullivan, each with photos of dead mouse, ant & rat traps, possum remains, re leaks, live animals and vermin complaints at that address-4 pp---10 Northern Avenue rental property:  complaints of vermin issues; investigated; corrected by owner;
-bedbugs-pamphlet – Frequently Asked Questions About Bed Bugs- 6 pp—At Department Head meeting last week discussed complaints issued about a Harwich facility this season; you need hospital style sanitation measures on everything—the room, bedding, rug, everything in which they might have commingled as it is hard to eradicate and only a few pesticides work.  Goal is to avoid cross-contamination to other rooms. It requires a multifaceted approach. New York is having a widespread attack; it is an acute problem. The Health Department has had 6 or 7 reports.  Bedbug brochure is very informative and is being handed out.  Advised Department Heads on educating staff who visit people’s homes to protect themselves from becoming carriers—upholstered furniture: how to treat it at landfill, etc. –Building Inspectors, DPW, Landfill, Health Department, Treasure Chest—we need to educate the building staff and the public.  There is a stigma associated with the pests, but it may not be a lack of sanitation issue as they hang on to a suitcase.
-Planning/Goals—8/20/10 Memo re TA GOALS for FY 11 (of Selectmen) from J. Merriam-3pp –At the last Selectmen’s meeting no direct goals issued to staff; they are acting on a draft plan; there is ongoing researching.  They are asking the permitting departments to be business friendly; we have asked for specific criticisms as to how we can improve our service—what are exact complaints?  Our liaison has brought no complaints to our attention.  Meeting is scheduled Thursday with the Town Administrator; we seek input on how to better utilize our resources.
-rental registration program—8/23/10 Memo to Board of Selectmen from Nan Balmer re Rental Registration Program—At the last Selectmen’s meeting the proposal was presented; there is a hiring freeze but they have recommended adding ½ position to handle the registration increase in workload.  No steps taken yet on publicizing planned registration.
-Health Director evaluation—7/20/10 Manager’s Performance Report (PR) from Dr. Stanley Kocot w composite responses- 4 pp, 8/25/10 Manager’s PR for Contract Employee from James Merriam w Performance Objectives-3 pp, 8/25/10 Performance Objectives July 2009 – July 2010 self-evaluation ( 2 pp)—Health Director brought her Board’s performance evaluations to her review with the Town Administrator.  Chairman Kocot:  we take issue with the Town Administrator’s review.  Disappointed that her rating had dropped one category; comment was that the Department is not interacting very much with our community, citing the Farmer’s Market permit process specifically and Pat Ballo’s inspection of Au Bon Pain.  She found there were no labels on their product, which are required; a second visit is scheduled for today.  Also mentioned was the coffee shop PERCS on Rt. 28, Carol Novak, proprietor.  Their license did not include sit-down areas at new tables; the question is--can septic system support this?  There is a fine line with enforcement to work with businesses and ensure public safety.    He established 2011 goals for her position; being an advocate for rental registration program poses a dilemma as Board of Health voted against the concept.  It was a 2010 goal; with vote against by the Board the plan crafted was not the idea of Board of Health nor of Building Department and neither was able to present the proposal to the Board of Selectmen.  Both worked on the committee so as not to be viewed as “obstructionists.”  She can now not advocate for the proposal as it is not an enforcement action nor should it be viewed as such; it is a registration process.  Chairman Kocot:  it is still being viewed as a new revenue stream.  He deemed a second goal to be untimely based on lack of planning of any specific proposals—for the Health Director to develop Title 5 escrow accounts for targeted sewer areas.  Health Director:  the Water Quality Task Force is working on the over-all concept by pursuing a sewer study at this time.  It makes sense to bring this concept to Frank Sampson, Chairman of the WQTF committee for his input.
-Beach sampling/closures-Beach Posting Form Red River West, Middle, East; Seymour Pond; Long Pond 3; Pleasant Bay; on 8/26/10 with all opening on 8/27/10 but Red River East opened 8/31/10 after second retest-6 pp, Intergovernmental Protection of Public Health from exposure to Waterborne . . . Enteric Pathogens – 4pp, sample Beach Closed sign—Closure of 6 test sites in last weekend in August due to storm runoff; many Cape towns suffered similar problem. Red River Beach remained closed over the weekend due to a failed retest.  Scramble to get signs posted entire length of all beaches—15 signs were posted with help from the Recreation Department.  We have only two metal signs, so this is sample of what was posted.  Harwich has lost its Tier 3 variance to allow less testing as you must have 3 years of clean records to allow only once per month testing.  Starting next year we will need to do weekly sampling.
-VNA/One Aston Road facility— VNA:  they are having food provided by Epoch of Brewster, so no food preparation done at their kitchen; it is a delivery service so they are septic system compliant; we did ask for paper service use only or they would have to pay for additional gallonage through the grease trap. No food service permit is required.
-Board of Health/Board of Selectmen joint meeting date—To be determined.
-H1N1/flu vaccines--8/16/10 memo to George Heufelder from HD re submission associated expenses from grant monies, Flu Preparedness Kit description—there were funds available from last year’s $ 10,000 grant from the Department of Public Health so Harwich has submitted some $ 2,000 in bills for office supplies, the laminator for labels, etc. which were utilized for last year’s clinics but withheld as wanting funds available for the core use of the program.  Prepurchase flu kits are in from the MDPH.  Plans call for our flu clinic on December 13, 2010.


--MA Dept. of Public Health –“Frequently Asked Questions About Bed Bugs”
-Dorothy Smith re Sept. 29th meeting with  Commission Auerbach-Swimming Pools Code (8/27/10 to 8/31/10 e-mails)
-Cape Code Commission to Town Administrator re funding availability
-Stearns & Wheler re Reuse of dredge material ( 2pp)
-Mass. Assoc. of Conservation Commissions re 2-year permit extension alert ( 4 pp)
-CDC re flu vaccine
-Kopelman & Paige re Land Use Extension (2 pp)
-M.G.L. Chapter 21A –Table of Contents ( 2pp)
-Town of Harwich re general fee waiver policy for non-profit organizations
-CDC re recommendations for 2010-2011 influenza season ( 2 pp)
-George Heufelder re prospective candidates for blackwater separation systems ( 2pp)
-MA Dept. of Public Health re advisory on cooking of shell eggs ( 2pp)

VIII    PERMITS- 9/7/10 list w 6 entries

Health Director recommended list of permits with one new business—commercial stable on Queen Anne Road, which she noted chose to voluntarily comply with local regulations although eligible agricultural exemption based on acreage of property for 9/7/10 list.  Motion  Ms Watson moved to accept the permit list of 9/7/10 as presented; Ms Howell seconding; motion passed unanimously.

IX      OTHER—Fall/Winter ’10-’11 BOH meeting dates

Fall and winter dates for Board of Health meeting are established with a 6 p.m. start time as follows:
                               2010 Meetings
Tuesday, October 5                                       Monday,    November 1

Tuesdays:  December 7         January 4.          February 1, 2011           March 1, 2011


Motion Dr. Insley moved to adjourn the meeting at 8:40 p.m.

                                                        Respectfully submitted,

                                                        Sandra C. Howard

Next meeting is Tuesday,  October  5, 2010   at  <<<<< 6:00 p.m. >>>>>  in the small hearing room.

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