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Minutes 10-5-2010
                        TUESDAY,   OCTOBER  5, 2010 AT 6:00 PM



-Agenda- 2pp
Chairman Dr. Stanley Kocot opened the meeting at 6:00 p.m. and noted that Ms Howell was an excused absence.

II      Minutes of Previous Meeting – September 7

-Minutes of Sept. 7, 2010 -7 pp
Motion Ms Watson moved to accept the minutes of September 7, 2010 as amended; Dr. Hurst seconding; motion passed unanimously.  Correction:  “accredited” to replace credited, page 4, 6 lines from end of section E.

III     6:00 – 6:30 p.m. BOARD OF HEALTH WORK SESSION – See Director’s Report


-Germs can stick Sticker
-9/29/10 letter from R. David Reese
-HACCP Plan for Pork, Beef and Poultry – 17 pp
-Logs for: Receiving, Seasoning, Smoking, Cool Down, Cryovac, Labeling and Corrective Action-7 pp
-HACCP Plan for Non Scombroid Fish- 5 pp
-Batch Sheet documenting:  fish portioning, bringing, hot smoking, salt content, cool down, cryo packing & labeling
-HACCP Plan for Scombroid Fish – 5 pp
- Fish Logs:  Receiving, Brining, Smoking, Cool Down, Cryovac, Labeling and Corrective Action – 7 pp
-Daily Sanitation Report
-Thermometer Logs:  Walk-in, Freezer & Thermometer Calibration
-Labels Sheets – 2 pp
A – Hearing – continued from September 7, 2010 – return to compliance plan for Dave’s Cape Cod Smokehouse – HACCP plan review for reduced energy oxygen—David Reese:  Ira Seskin of Wellfleet on 10/4/10 assisted us in our planning.  Palmer Farrington helps maintain the record-keeping and is here.  This is our prepared paperwork—what we are required to do.  There are no shortcuts; you have an example of what takes place.  Each product has different problems which are addressed in the logs kept. Each item has a customized plan for the oxygen reduced product.  We need this to sell it and to package it.  Problem areas might be: wrong temperature, damaged packaging when it arrives to us from supplier, foreign object in the product. We must calibrate the equipment—there is a log for that.  We must comply with the FDA and the Harwich Board of Health regulations.  Query:  do you plan to hire help?  We have 2 to 4 people on the payroll who have been on board for 2 months.  We have been doing training through last month. Prior staff members were not as involved; only 1 other person worked with me in the processing.  We welcome the Board of Health, Pat Ballo or walk-ins to observe the process.  Our next step is to request a wholesaling license which will require compliance with additional steps.  Palmer is the record keeper; we are training now; there is no hiatus of record keeping.  Health Director:  noted variance is not the word for this process; it is a special permit where they must demonstrate knowledge and record keeping, integrating the system to all staff members and the keeping of logs and monitoring to safeguard the public.  Recommend the Board consider reinstating the reduced oxygen permit for Non-Scombroid fish (white fish), pork, beef and poultry for the plans dated 9/29/10.  Motion Dr. Hurst moved to approve reinstating the special permit for Dave’s Cape Cod Smokehouse; Ms Watson seconding; motion passed unanimously.


-Locus map, 61 Birch Drive
-9/15/10 Septic system design
9/20/10 letter from Stephen Haas requesting variances
9/20/10 letter to abutters with names listed – 2 pp
A – Hearing – variance request to replace sewage disposal system for Wisneski, 61 Birch Drive, plan prepared by Eagle Surveying & Engineering, Inc. (1) 10’ is required between soil absorption system and the property line, 6’ provided, variance of 4’; (2) 3’ maximum depth allowed for all system components, 6’ is proposed at the deepest part of the soil absorption system, 3’ variance –Steve Haas: green cards to Health Director, failed system with leaching field.  This is a 3-bedroom dwelling on a 45,000 square foot lot, grading an issue; the variances are setback variances.  We are 100’ from the wetland line. Query:  is this the best you can do?  Health Director:  recommend approval as only alternative avail-able with orders of condition—no increase in flow, number of bedrooms on plan dated 9/15/10. Motion  Dr. Insley moved to approve the variances requested for 61 Birch Drive with orders of condition there be no increase in flow or number of bedrooms shown in plan dated September 15, 2010; Ms Watson seconding; motion passed unanimously.

-Locus map, 6 Beverly Lane
-Building Permit, 5/22/01- 2 pp
-Plans for 1st & 2nd floor, 5/22/01
-Title 5 9/2/10 completed inspection
-3/25/95 Plan revised 9/22/10
-Septic system sketch, 9/15/10
-9/22/10 letter w variance requests
-9/22/10 letter to abutters w names listed – 2pp
B—Hearing variance request to modify sewage disposal system for Cedrone, 6 Beverly Lane, plan prepared by Eagle Surveying, Inc.  (1) 140 gallons per day is required, variance to use the state required flow of 110 gpd per bedroom and allow the dwelling to use the existing system for three bedrooms—Steve Haas:  green cards submitted, this is an upgrade to a ’78 Title 5 septic system utilizing a 1,000 gallon tank with D box.  Former town regulations require 140 gallons/day per bedroom; their 354 g.p.d. is sufficient for 3 bedrooms under Title 5.  Today’s system went in in 1998.  Mr. Cedrone, the new owner in 2010, is here. Prior owner got a building permit for a 4-bedroom home; that permit never went to the Health Department.  There were 4 bedrooms on a 2-bedroom system.   We comply with the ’78 Title 5 regulations for a 3-bedroom home; they are modifying the home to three bedrooms.  The septic system has passed a recent inspection.  We seek a variance from the Town regulations for gallons per day. Title 5 requires 110 g.p.d.  Health Director:  applicant followed proper channels to get permit, but it never came to the Health Department.  Building Department bypassed the Board of Health review.  1)  Issue:  can’t fit a new septic system without moving the water line.  Compromise is to limit occupancy and density of house.  There is an office on the 1st floor and a dining room.  There has been continued use of the ’78 system.  Variance of 140 to 110 g.p.d. per bedroom fits under Title 5 guidelines with a surplus.  (354-330 = 24 extra).  Recommend Board favorably approve request as system is in good shape.  Motion Ms Watson moved to approve variances for 6 Beverly Lane; Dr. Insley seconding; motion passed unanimously.  Query:  what was your back-up plan?  Can’t put the house back the way it was.  Health Director:  note the Board would not have approved the addition in 2002 as you allow no variances for new construction.

-Plan 8/10/10 for 16 Glendoon Road
-9/14/10 letter with variance requests
C – Hearing – variance requires to replace sewage disposal system for Harrington, 16 Glendoon Road, plan prepared by Dan A. Speakman Construction (1) setback from septic tank to bordering vegetated wetland (BVW )  50’ required;  44’ available, 6’ variance; (2) setback from pump chamber to BVW  50’ required, 42’ available, 8’ variance; (3) setback from SAS to BVW 100’ required, 52’available, 48’ variance—Dan Speakman:  this is for a real estate transfer upgrade for a duplex; plan calls for a 1,500 gallon tank, pump chamber and a containment wall to enclose the septic system.  There is no other place for a system; Con-servation Commission has approved the plan.  Health Director:  the variances are to prop-erty lines; the entire property is in the buffer zone.  Recommend approval with orders of condition there be no increase in flow or number of bedrooms.  Motion Dr. Hurst moved to accept variances for 16 Glendoon Road with orders of condition; Ms Watson seconding; motion passed unanimously.  

-6/3/10 letter to Trustees of Dee Family Trust – 2pp
-9/21/10 letter with variance requests from Judy Bersin, Ryder Wilcox – 2 pp
-Locus map 39 Rainbow Way
-Layout Floor Plan of Ranch dwelling
-12/10/09 Septic System Plan, last revision 8/27/10- 2 pp
D – Hearing (1) request to rescind variances granted for Boujoukos, 39 Rainbow Way, plan prepared by Ryder & Wilcox, dated May 11, 2010, plan dated February 3, 2010, (2)  request to replace sewage disposal system plan prepared by Ryder & Wilcox, dated August 27, 2010:  (a) the inlet and outlet invert elevations of the pump chamber and septic tank shall be less than 12 inches above high groundwater, less than 1’ available, 1’ variance; (b) SAS from property line 10’ required, 5’8” available, variance +/- 5’; (c) SAS from bordering vegetated wetland (BVW) 100’ required, 50’ available, 50’ variance; (d) septic tank from BVW 50’ required, 30’ available, 20’ variance; (e) the pump chamber from BVW 50’ required, 28’ available, 22’ variance; total 6 variances—Stephanie Sequin:  substantive move on the 8/27/10 revised plan after DEP confirmed new wetland line and issued a superceding order.  Two variances are from property lines; we still have the inlet and outlet pipes less than 1’ above the groundwater elevation; however there is a 5’
separation from adjusted ground water. There is a pressure distribution and this system provides better distribution of the effluent than existing system.  With the entire property within the buffer line, we did the best we could from BVW in siting the system.  This is an upgrade for a real estate transfer; we estimate water flows in a southeast direction, which is better than towards Sand Lake.  We are replacing a 40-year old system, increasing tank size by 500 gallons and expect detention time therefore to be a 50% increase; if there is a power failure there is a 500 to 600-gallon storage capacity.  Health Director:  recommend recission and orders of the February 3, 2010 plan.  Dr. Insley recused himself from all voting on this property.  Motion Ms Watson moved to rescind the May 11, 2010 plan approval; Dr. Hurst seconding; motion passed unanimously.  Health Director:  recommend approval as in a difficult environmental condition with orders of condition there be no increase in square footage, number of bedrooms or flow from plan dated 8/27/10.  They are less than the 75’ from BVW this Board requires, even with the revised location, but the revised wetland demarcation prevents compliance.  This is in an environmentally sensitive area.  Queries:  why are the inlet and outlets less than 12’?  What would you do instead of this if not approved? Have you considered raising the building, the grade and the foundation?  Is a tight tank possible?   Ms Sequin:  we need a gravity flow to the tank which is below grade; a tight tank would still have the same situation and that has only a 20-gallon capacity so there would be less storage capability.  You would have to have an ejector in the basement, pump up to a higher level tank—a power failure could be a problem.    The estimated high ground water is 48.3’, which is 1.3’ below the foundation; it is a crawl space basement; they have a sump pump which has never worked when I’ve been there and it is a dry basement.

Query:  why did you not go to the northwest corner which is greater than 50’ from the wetland?   Ms Sequin:  they have paid a substantial amount to have landscaping done 10 years ago in that area including a built-in irrigation system, raised beds and special shrubbery all of which the Conservation Commission had approved.  That would be 75’ from the leaching system but Mrs.Boujoukos won’t do that; we had shown you photo-graphs last time of the landscaped front yard.  There would be no improvement at all if this plan is not accepted.  Health Director: this Board needs to determine what is best for this site; your orders are to ask what is best you can do for a site.  Chairman Kocot:  would you consider a postponement? Ms Sequin:  do you need time to discuss the proposed plan; the owner will not destroy the front yard; the plan eliminates a leaching field; utilizes a larger tank and is a major improvement on the existing system.  She will spend the money on an improved system but not at the cost of the aesthetics of the property.  Comment:  the abutter said there was more water there than what you had stated originally.  Ms Sequin:  that was confirmed by the DEP; we looked at the BVW and around the edge of the lake.  Chairman Kocot:  we can approve, deny, postpone or have you consider another alternative; Dr. Insley is recusing himself.  Health Director:  recognize that no action would result in an approval; you are required to act. Motion  Ms Watson moved to postpone to the November 1, 2010 meeting; Dr. Hurst seconding; motion passed.  Chairman Kocot noted the full component of the Board is expected at that meeting; they can vote on issue even if not in attendance at this meeting.  Ms Sequin offered a site visit if that is needed; her client would not authorize coming in with another plan.  She will cost out the plan versus if they installed a system in the front yard.  


-Harwich Emergency Operations Planning Exercise Fall 2010 -5 pp
07/28/10 letter from DPH on training –Foundations 4 Local Public Health Practice – 2 pp
-8/2/10 Draft Rental Registration By-Law – 2 pp
-8/2010 letter from Susan Lett, Medical Director, Immunization Prgrm,DPH to School & College Heads, Boards of Health, Healthcare Providers & Child Health Advocates -4 pp
-8/25/10 letter from Kim Foley,MDPH/BEH Food protection program –Enforcement Guidelines for Allergen Awareness Regulation – 2 pp
-Food Allergies Poster – Informed Decision Making, the 4 R’s, Cross Contact
-Q & A’s for MDPH Allergen Awareness Regulation  addressing -105 CMR 590.009 (H)’s and MGL C 140 § 6B – 6pp
-Health Department Webinar Schedule in Town Admin. Bldg. Library
-9/22/10 Environmental Health Association Conference Schedule
-9/29/10 ICS 100 Training Course –Harwich Emergency Planning team offering
-Summary Semi-Public Beach Sample Results 2010 (1318 samples) – 8 pp
-Harwich Health Department Reporting/Responsibilities/Staffing/Duties Chart by Health Director Paula Champagne
-9/8/10 letter from Harwich Agricultural Commission to Sue Shaw re dust problem from horse riding area Main Street across from her dwelling
-Agenda, Minutes of 8/15/10 Water Quality Task Force-WMS meeting 4 pp
-Agenda 6/23/10 WQTF –WMS meeting with Water Sampling Monitoring Program 2010 Report-3 pp
-9/27/10 e-mail from Harwich Health to BB; Pat’s House in response to 9/22/10 e-mail from Charles J. Weiss, White Hen owner to Health Director re complaint of out of code watermelon regarding need for police intervention due to escalation of complaint.
-flu clinic plans—October 25, 2010 flu clinic will be announced at a later date as insufficient supplies received to date—have received only half of expected supply.  Employee clinic on October 13, 2010.  Two new aspects in 2010—there will be interpreters available, probably volunteers, and there will be a Behavioral Health Specialist on site.  When doing clinics in school last year with very young children we saw the need for such a staff member.  Sheila House, youth councilor, will be available.  Training sessions for volunteers are 10/13/10 for volunteers and 10/21/10 for medical staff—there are new syringes, protocols, containers and CDC regulations to review. Bob Sanders is the Fire liaison and trainer.  We are utilizing Channel 18 and the county health department has provided handouts and documents.  There was a 20% increase in 2009 for special programs.  We have an Incident Command Structure with Job Descriptions for the volunteer positions.  We need site security—we have 100’s of syringes and need to track them; there are medical devices.  We must provide signs, design a protocol for the building.  Selectmen liaison Robin Wilkins:  what you are talking about is a separate budget item—this is another task that has been foisted on a town under the guise of emergency preparedness.  This should be put where it belongs, not hidden in the Health Department’s tasks.  The constituents need to know what the federal government has mandated and the cost to the community.  This is outreach and a program of commitment with which Harwich must comply.  I went to the training session but didn’t want to stay for the entire program; I always volunteer but felt I knew my job.  The time involved in this program is a lot; I didn’t want to make a 5-hour commitment.  The Town Administrator is the conveyor of issues involving the whole town—this is one such.  Health Director:  thank you for recognizing the amount of work the annual report has included for several years.  This is mandated by the state Department of Public Health:  all Health Departments in Massachusetts must comply with emergency preparedness steps to be eligible for federal grants.  It is a back-door issue; each year the list of requirements becomes longer.  There are published evaluations on our compliance; we must bring volunteers to a certain level of training.
-new allergen regulations—Two new duties from the state legislature:  as of 10/1/10 Food Service entities are mandated by the Dept. of Public Health to educate staff members as to allergy causes in prepared foods. Customer is responsible for notifying server there is a food allergy; servers and staff members need to know all items on the menu to respond to their needs; needed as customers can’t read labels for self-informing.  There must be posting on all menus and hand-written boards—the wording cannot be changed.  Training is needed on the management level; staff training then will be management’s response-bility.  Health Department needs to educate all food service entities—having ready-to-eat foods in any store means must comply.  By February 1, 2011, every restaurant will need to view the Food Allergy Awareness video and get certified.  On September 22, 2010 a Health Officer’s Training program covered the new requirements and responsibilities.We   will include the information in the mailings for the January 1, 2011 food permitting.  
-updates-rental registration—September 13 meeting held to plan implementation.
-Harwich Emergency Preparedness—CDC requires exercises observed each year to continue to be an accredited town for grants or county funding.  Flu clinic is such an exercise.  Risk communications; simplified directions have been goals this year.
-Homeless Shelters—last year we started inspecting occupied homeless shelters in the season—Fire Inspector, Building Commissioner and Health Director have done  team visits.  Inspection on 10/4/10 went well; fire department needs to be notified if serving as a homeless shelter—time it is in effect as many have no sprinklers and fire department staff needs to be aware.  Occupants are picked up and brought there where they find heat, a safe haven open during a limited period in the year.  There are some five programs in churches in Harwich.  There is a video for the checks—monitor temperatures, water, linens—how handled and washed, food prepared onsite or delivered?  Is a permit needed for food preparation on site? Training of food handlers?
-fall training classes-Tufts and Department of Public Health are jointly offering a course:  Foundations in Public Health, which will be held in the library at town administration building.  Join us; you have the schedule
organization--Health Director referred to chart of tasks Health Department is charged with handling: licensing, enforcing, monitoring, informing townspeople of, educating licensees or citizens of, providing medical preventative treatment, overseeing medical care programs for specified population sectors, establishing protocols or plans for including emergency preparedness for the town, reviewing, inspecting, or documenting to comply with regulators under whose guidelines/regulations the Health Department operates and the staff with which it must accomplish all of these tasks.  It is hoped the chart will help aid the Assistant Town Administrator in recognizing the scope of services and source of regulations with which the Health Department must comply as she has been charged with drafting a second floor organizational/services chart.  As the Health Director notes, the Department is a conglomerate.  Unsure as to whether the goal is to consolidate budgets for the service Departments, corral expenses, create a new management structure or have citizens end up with fewer requirements when securing permits or licenses; the five Department Heads on the second floor read about the process in the local paper—they had not been given any notice of the study or its attempted goal.  Is the goal a manager of the second floor—a guru of all permitting and licensing?  The concern, of course, is that the inspection departments not be diluted.  It is not clear if the “study” drafter was aware that the Health Director needs to report to the state Legislature.  Thus the chart showing required reporting mandates, structural lines of policy-setting, appointment and authorities granted from different entities.  Policies, priority setting for staff, ongoing management of the varied programs the Health Department must implement—it is not known what aspect of the system is felt needs a change.  Clarifying the roles of Town Administrator, Board of Health  and the State Legislature seemed a needed step to help highlight the interplay of all of the components of the role of the Health Department in a community.  Amount the Departments each earned, personal influence, budget approval—hard to tell this Board what is being focused on in this “study”.  Boards and the Board of Selectmen seem to be under review.  Query:  should a query be sent to the Town Attorney asking clarification of  status the Board of Health has given the mandates of the State Legislature and the Board of Selectmen?  There was a meeting scheduled for October 5 with the Assistant Town Manager to review the chart as drafted by the Health Director and seek information.  Chairman Kocot noted that the Board of Selectmen has violated the mandate of the Board of Health at least three times in the past.  Any request of information from the town attorney must go through the Town Administrator.  Health Director:  Department of Municipal Inspector has been implemented in some towns but it requires an Act of the Legislature to enact such a change. Some communities have sought to delete departments.


-Chief William Flynn to Inspector Hal Romme re state fire marshal’s advisory – oil burning equipment—extension of July 1, 2010 deadline


-Permit List of 10/4/2010
Health Director: one new stable permit, one installer and five Cranberry Festival permits, recommend approval.  Motion Dr. Insley moved to approve the permit list of 10/4/10; Dr. Hurst seconding; motion passed unanimously.


Signatures of Board of Health members sought on documents such as Mutual Aid Agreement for the Health Department.


Dr. Insley moved to adjourn at 8:15 p.m.        Respectfully submitted,

                                                        Sandra C. Howard

Next meeting is Tuesday,  November 1   at     6:00 p.m.   in the lower hearing room.

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