BOARD OF HEALTH MINUTES FEBRUARY 27, 2017 MEMBERS PRESENT: OTHERS: Hillard Boskey, MD, Chair Mary Craig, Vice Chair Charles Holway, Clerk Tanya Daigneaul Debra Bruinooge Bruce Murphy, MPH, Health Director Amy vonhone, Assistant Health Director Chris Morin, Independence House Deputy Police Chief Steven Xiahros, board member, Independence House Jheneay Watkins, Dennis Yarmouth Regional High School Mentors in Violence Prevention David Mason, registered sanitarian, 47 Wimbledon Drive, West Yarmouth Jean Kampas, attorney, Homans HVACAR Supply Store, 261 White s Path, South Yarmouth Bob Stone, Homans HVACR Supply Store, 261 White s Path, South Yarmouth Steve Pattek, project superintendent, Homans HVACR Supply Store, 261 White s Path, South Yarmouth Tony DiFraia, Homans HVACR Supply Store, 261 White s Path, South Yarmouth Mary Puzio, property manager, 261 White s Path, South Yarmouth Kevin Richards, The Loft at the Cove Tom McCormack, Cape Cod Irish Village Patrick Wendell Michael Edwards, The Cove at Yarmouth Jeff Swartz, Cape Point Kristina Dittmer, Optimist Café Paul Ronti, Red Jacket Resorts Dale Ormon, Oliver s Andrew Days, Old Yarmouth Inn Peggy Rose, Board Secretary Page 1 of 5
I. 10 th Annual White Ribbon Day Chris Morin from Independence House advised that White Ribbon Day commemorates a massacre of 14 women which took place in Canada in 1989. This is the fifth year that it has been observed on Cape Cod in Yarmouth. She stated that Independence House is trying to get younger people involved through the Mentors in Violence Protection program at the high school. Jheneay Watkins, a student at Dennis Yarmouth Regional High School advised that the high school will be holding a White Ribbon program on March 31. Deputy Police Chief Steve Xiahros said that domestic violence and locker room talk are never acceptable. He thanked the Yarmouth Restaurant Association and especially the Irish Village for hosting the event. It will take place on Thursday, March 2 from 9 11:00 AM. Ms. Morin stated that in order to involve more men, a men s march against domestic violence will be held in October. II. Hearing Variance Request 47 Wimbledon Drive, West Yarmouth Registered sanitarian David Mason advised that Title 5 setback variances and local variances from drainage are being requested. There will be a 2 bedroom deed restriction placed upon the property. Assistant Health Director Amy vonhone said that a creek runs behind the properties on the west side of Wimbledon Drive and they would also need the same variances. The drainage variances are for the local regulations. The proposed plan meets the distances of the Title 5 regulation for drainage. The 5 foot separation from groundwater is maintained. MOTION: (Ms. Daigneault) To approve the variance requests for 47 Wimbledon Drive. Any further expansion of the house would need to be reviewed by the Board of Health. Seconded: Ms. Bruinooge III. Hearing Variance Request Town of Yarmouth Handling & Storage of Hazardous Materials Hazardous Materials Inspector Carl Lawson advised the Board that the business would be storing hazardous materials in the APD. The amounts above customary quantities and would need approval by the Board before seeking relief from the Board of Appeals. Bob Stone from Homans advised that it is a wholesale company. All hazardous materials will be self contained. No repair work would be done onsite. Page 2 of 5
Attorney Jean Kampas advised that the location is a commercial building which will be leased to 4 tenants. There would be no more than 120 gallons of hazardous materials and would be stored in 5 gallon containers. The proposed secondary containment more than exceeds the requirements. Ms. Daigneault asked for some examples of the hazardous materials. Mr. Stone replied that some of them would be duct sealer and coil cleaner. The business would not do fabrication. The Health Director asked if there would be a forklift at the facility. Steve Pattek replied that there would be. Mr. Stone advised that any hazardous materials would be stored on the bottom shelves and would be handled by hand. No courier service would deliver hazardous materials to the site. Mr. Pattek said there are safety courses online used by the company. He also said that spill kits will be onsite. Mr. Stone advised that all employees are required to take the online safety courses. The Health Director asked about the operation of the septic system. Mary Puzio, who is the property manager, advised that Clearwater Recovery will be contracted to maintain it. Mr. Stone also advised that a security system will be installed once Homans takes possession of the building. Mr. Lawson then went over the requirements and recommendations of the Health Department. MOTION: (Ms. Daigneault) To approve the variance request for handling and storage of toxic for Homans Associates at 261 Whites Path. The approval includes the requirements and recommendations included in the memo from Hazardous Materials Inspector Carl Lawson dated February 1, 2017. Seconded: Mr. Holway IV. Hearing Proposed Foodservice Scoring Regulation The Health Director advised that the Board had been discussing this issue for 6 or 7 months. A subcommittee of representatives from the Board of Health and the restaurant industry held 3 meetings. This is the final draft (#5) of the regulation as agreed upon by the subcommittee. The Town of Barnstable posts restaurant scores online and the City of Boston now required scores to be posted online and restaurant doors are optional at this time.. Kevin Richards from The Loft read a letter (copy attached) into the record from the restaurant members of the subcommittee. Page 3 of 5
Tommy McCormack from the Irish Village asked if there had been a lot of food poisoning that caused the Board to consider the regulation. He was unsure as to what an 80 percent score meant. Restaurants bring money into the community. The restaurants now are excellent but if there are problem restaurants, they should be closed. He thought this is overregulating and asked why doctors and dentists offices are not inspected. The department should use a pass/fail system. Patrick Wendell from Yarmouth Port, whose profession is marketing, stated that he was opposed to the regulation. He thinks it is antibusiness and anti Yarmouth. People will perceive a score of 98 as something is wrong but will perceive a score of 100 as the restaurant doesn t have any customers or the inspector is not doing his job. Dennis and Barnstable do not require restaurants to post grades and it would drive diners to those towns if Yarmouth requires it. He proposed an A B or C grading system that is used in New York City. The chamber and restaurant association recommend numerical scoring versus a letter grade. Michael Edwards from The Cove said that the restaurants have a short season and there is no need for the regulation. Any subpar restaurants should have more inspections. He asked if a property has more than one use, where would the grade be posted. He was told it would be at the front door. Jeff Swartz from the Cape Point spoke in opposition to the regulation. He mentioned that people look at reviews on Trip Advisor and Yelp but the restaurants have a chance to respond to the reviews. He is concerned about using inspectors other than ones from the town. His guests regularly bring in their own food to eat poolside and he wouldn t want his score to be affected by that. Kevin Richards said that there is a dialog on the online sites but there would be none if a sign was put in the front door. Kristina Dittmer from the Optimist Café asked what was the impetus to consider the regulation by the Board. The Chair replied that the Board found when other municipalities had instituted this, the inspections had improved. She expressed concerns about what the grades would mean. She also said that her staff would have to be trained in order to answer questions from the diners. Yelp now puts up on its site the worst restaurant in Boston. It is an unregulated site. Paul Ronti from the Red Jacket Resorts recommended a pass/fail grade. He mentioned giving grades to town employees which would be posted on the door at town hall each month. Dale Ormon from Oliver s thought there was currently a good system in Yarmouth. The restaurants feel that they are being penalized by the proposed regulation. He thinks this should be a countywide regulation. Page 4 of 5
Andrew Voros from the Old Yarmouth Inn spoke against the proposal. He does not feel that it would benefit the town. He always welcomes the health inspector but thinks the regulation feels like a penalty. The next public hearing will be held on Monday, March 6 at 5:30 PM. V. Approval of Minutes of Board of Health Meeting MOTION: (Ms. Craig) To approve the minutes of February 6, 2017 as written. Seconded: Ms. Bruinooge VI. Old/New Business The Health Director advised that the next meeting of the Board will be on March 6. There will be a second public hearing of the foodservice scoring regulation and a septic repair variance. There was a compliance check by the Cape Cod Tobacco Control Program and 2 violations were found. There was also a violation of an FDA tobacco compliance check. Those will also be heard at that meeting. VII. Adjourn There being no further business, the Chair adjourned the meeting at 7:15 PM. Respectfully submitted, Charles Holway Clerk Minutes Taken by Peggy Rose Page 5 of 5