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Home My Public Portal AboutBoard of Health -- 2023-04-05 MinutesTown of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 i cr,brewster-maaeov WWW.BREWSTER-MA.GOV Board of Health Meeting Wednesday, April 5, 2023 at 6:30PM Town Hall, Room B Health Department Amy L. von Hone, R.S., C.H.O. Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant Board members present: Annette Graczewski, MT (ASCP), Chair; Kimberley Crocker Pearson, MS, MD, MPH, Vice Chair; Penny Holeman, MPH, MA, MS, David Bennett & Casey D. Chatelain Others present: Amy von Hone, R.S., C.H.O., Health Director, Sherrie McCullough, R.S., Assistant Health Director, Chris Vigneau, Weston/Sampson; Art & Judy Arnold, Owners of 2149 Main Street, Attorney Jamie Norcross, representing owners of 239 Underpass Road and Philip Flath, Executive Chef at Ocean Edge 1. Call to order Meeting was called to order at 6:30PM 2. Declaration of a Quorum All present 3. Recording Statement Noted 4. Chair announcements On March 15, 2023, Massachusetts Governor Maura Healy announce that the State's Covid-19 public health emergency will end effective May 11, 2023 to align with the Federal public health emergency. New legislation has been filed to maintain flexibility and staffing in the healthcare and emergency medical services industries. AVH- emergency protocols that were put in place will end opportunities for different types of funding. Testing and vaccinations for Covid are still available at most pharmacies and Cape Cod Healthcare. Covid vaccines will be offered with the flu vaccine in the fall. Barnstable County Nursing Program has vaccine in stock if someone is looking for a pop-up clinic and they will be ramping up in the fall when the flu/covid season hits. The Town is still distributing Covid test kits for anyone that needs them. KCP-spoke about the annual renewal for Mass Health. 5. Citizen's forum None 6. Annual Small Wastewater Treatment Facilities report" *Chris Vigneau-Weston/Sampson — Ocean Edge N:\Health\from Shari\MSWORK FOLDERS\MEETINGS\BOH\Apri1523m.doc CV -Ocean Edge had a good year with only 1 exceedance of BOD in January. There were no maintenance issues. 7. Art & Judy Arnold — 2149 Main Street — request to allow new operator to open restaurant prior to replacement of a failed septic system The septic system has failed at the property. AA- a design plan still has not been received from the engineer. Hoping to have it done soon. There are buyers interested in the property but have not signed a deal yet. They would like to be able to have a new owner open for the summer season. AG -asked if they had a mitigation plan to include inspections and pumping as required. She is concerned with the grease trap. AA -that has not been lined up yet. DB -concerned that the inspection was done in January and the pits were full then and nothing has been done since. He asked when the restaurant was last in operation. AA -it has been closed since last November. The operator of the restaurant was in charge of pumping and maintenance of the system, and he did not know when the last time it was pumped was. KCP- would like to see a mitigation plan submitted in writing. DB -would like to see something in writing prior to the Board's approval of this. AG -asked if there was a timeline with the engineer on when plans would be done and when the installation would take place. AA -not yet. AVH-if there was an existing business that had a system in failure, she would not close them down. CC -if the current owners can commit to pumping every other day as needed, she would feel comfortable with allowing the restaurant to open. There was discussion back and forth with the Board. Motion: Continue this until the next BOH meeting so that a septic plan can be submitted and a proposal for ow the owners would like to run the restaurant with a failed system for the season. A written commitment to the BOH to protect the interests of public health during the operation of a restaurant that has a failed septic system is what they would be looking for. DB -tanks need to be pumped, grease trap needs to be power washed and cleaned, d -box needs to be replaced, leaching pits need to be pumped, side wall conditions need to be inspected and an operator, at a frequency that would be no less than twice a week initially to see what the flow looks like, to pump it when it gets to 85% of the capacity of the septic tank. Otherwise, make a recommendation that if the leach pit somehow still has leaching capacity, what you would do to make sure there wasn't an actual overflow. Motion: David Bennett Second: Kimberley Crocker Pearson Vote: 5-0 Action: Motion passed 8. Jamie Norcross -Representing new owners of "Guapo's" — request to allow owners to open restaurant prior to replacement of failed septic system Jamie Norcross, Attorney for purchases of Guapo's told the Board that the septic system is in failure. Dig It Construction is working on a septic plan. They still need to decide on an installer. They would like to be able to operate the restaurant for the season with the failed system. N:\Health\from Shari\MSWORK FOLDERS\MEETINGS\BOH\April523m.doc JN -stated that Cape Cod Septic Inspection recommended having an inspection in May, prior to the start of the season and also monthly inspections, which should be sufficient to determine the systems functionality. Pumping should be done as necessary. The owners have engaged Cape Cod Septic Inspection to do this going forward. The system is functioning on some level and the grease trap was empty. AG -asked about the leaking septic tank and if there was any plan to fix that before opening. JN -not currently, but if that is a request of the Board, it can be investigated. DB -asked what the basis was for the failure. JN- a leak in the tank and hydraulic failure with the leaching. DB -stated he would be comfortable with this proposal as long as the tank was fixed prior to opening. KCP-concerned with the pit and the fact that the restaurant has been closed for an extended period of time. DB -would like to see reports submitted within 48 hours of inspection. It could be as easy as an email to the Health Department. Motion: Grant temporary operation of the restaurant with the condition that the septic tank is repaired before the restaurant opens and the inspection of the system takes place weekly for a month and then less frequently based on the observations reported. The reports are to be provided by email with 48 hours of the inspection. Motion: David Bennett Second: Penny Holeman Vote: 5-0 Action: Motion passed 9. Ocean Edge Resort, 2907 Main Street — Request approval for continued use of existing outdoor food service establishment venue associated with the Front Lawn Operation Philip Flath, Executive Chef for Ocean Edge stated that they had been providing outdoor dining for the last few years during Covid and would like to be able to continue this for the foreseeable future. SM -kitchens are all in good standing, sheds have all that is needed to operate. Most food is shuttled out from the kitchens. There will be a cover from the shed to the oven on the lawn. The outdoor seating capacity is still within the septic system limits. PF -this would be a seasonal operation. Memorial Day to Columbus Day. Motion: Approve the proposal based on the recommendation of the Health Agent and compliance with the State Sanitary Code. Motion: David Bennett Second: Penny Holeman Vote: 5-0 Action: Motion passed 10. Nomination of Animal Inspectors (Sherrie McCullough and Lynda Brogden Burns) AVH- this is a requirement of the State every year. It involves quarantine and barn census and inspections. Motion: Nominate Sherrie McCullough and Lynda Brogden Burns for Animal Inspectors. Motion: Penny Holeman Second: Kimberley Crocker Pearson Vote: 5-0 Action: Motion passed 11. Liaison Reports AG- Recycling Commission did not meet. KCP-WQRC met and discussed annual reports. No new permits were issued. DB- WQTF did not meet. N:\Health\from Shari\MSWORK FOLDERS\ 4EETINGS\BOH\Apri1523m.doc 12. Matters not reasonably anticipated by the Chair None. 13. Items for next agenda AG-I/A information. 14. Next meeting: April 19, 2023 Noted. Informational items were noted. Meeting adjourned at 7:45PM N:\Health\from Shari\MSWORK FOLDERS\MEETINGS\BOH\Apri1523m.doc