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Board of Health Minutes 06/30/05
TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING

Minutes of the Meeting of June 30, 2005

Board Members Present:          Also Present:                           
Steven Ball, Co-Chairman                Glen Harrington, Health Agent   
Lucy Burton, Clerk                      Veronica Warden, Assistant Health Agent

Board Members Absent:
Glenn Santos, Chairman

Steven Ball called the meeting to order at 7:00 PM.   

APPOINTMENTS
Helen Ladd/Ladd Property Management re:  Mews Variance Request
Helen Ladd, the new MEWS Property Manager, introduced herself to the Board.  Helen was requesting variance relief from the BOH Septic Inspection Regulation section 4A for the MEWS units 7523 and 7524 on Mid Iron Way.  These two units were inadvertently omitted from the first MEWS variance request approved earlier this year.  The reason for this request is that the septic system components for the MEWS units 7523 and 7524 are located under a pool cabana.  Risers must be installed to bring the systems within 6” of grade. The Mews Association is currently upgrading five soil absorption systems.  For budgetary reasons, the Association would like to add units 7523 and 7524 to the group that will be completed by the spring of 2006.

Steven Ball moved that the MEWS Association variance request for relief from the BOH Septic Inspection Regulation section 4A, for units 7523 and 7524, be approved, with the understanding that these septic systems will be added to the group that will be upgraded by the spring of 2006.  Lucy Burton seconded the motion.  All approved.

OLD BUSINESS
Title V Variance:  11 Ocean Bluff – Irrigation Well
A Title V variance is requested to install an irrigation well 23 feet from SA in lieu of the state-regulated 25 feet.  Glen Harrington stated that a well can be hand-drilled and stay within the 25 foot state regulation.

Steven Ball moved that the Title V variance request from 11 Ocean Bluff be denied.  Lucy Burton seconded the motion.  All approved.

Leisure Services Vendor Fees – Request for BOH Invoice
Food vendor fees for six vendors for the Mashpee Family Picnic on July 5th, sponsored by Leisure Services, have not been paid.  Leisure Services is requesting that BOH issue an invoice to Leisure Services for the six vendor fees, because the picnic is a benefit event for Leisure Services and they do not want to charge the vendors who are participating.  Glen Harrington stated that the Board of Health does not issue invoices.  

Lucy Burton moved that the six previously approved food vendor permits for the Mashpee Family Picnic be revoked unless a check for the vendor fees is received by BOH from Leisure Services by noon on Friday, July 1, 2005.  Steven Ball seconded the motion.  All approved.

NEW BUSINESS
Warrants
Warrants were signed by the Board members.



Approval of Minutes
Approval is continued of corrected minutes of January 20, 2005 and February 17, 2005, and minutes of June 16, 2005  until the next Board meeting with full Board members in attendance.

Request for Fee Waiver:  Mashpee Boosters Club
Glen Harrington confirmed that the Boosters Club was a non-profit organization.  

Lucy Burton moved that the request for waiver of the fee for a food establishment permit from the Mashpee Boosters Club be approved.  Steven Ball seconded the motion.  All approved.

Title V Variance Request – 16 Heath Knob
Glen Harrington stated that the property owner at 16 Heath Knob is requesting approval to leave their current garbage grinder in place rather than to remove it and install the Title V-required two-compartment garbage grinder with 495 leaching gpd capacity.  Their existing grinder capacity is only 427 gpd with just one compartment.  

Lucy Burton moved that the Title V variance request from 16 Heath Knob be denied.  Steven Ball seconded the motion.  All approved.

Review of Pool Inspection – Oak Hollow
Glen Harrington reported that on June 17th, 2005, during a re-inspection of the Oak Hollow Pool, he was able to gain access to the pool shed where pool equipment is stored.  Glen found the pool log book, and discovered that the log sheets had been filled out two days in advance, through the 19th of June.  Andrew Witter, Property Manager for Oak Hollow, had hired Nancy Sylvia to service the pool.  It was determined that Nancy had initialed the log sheets on June 16th for the period through June 19th , due to her anticipated hospital stay from June 17th through June 18th.   Possible actions by the BOH included closing the pool, revoking the pool permit, and/or levying fines for falsifying records.  The BOH must give notice by certified mail to Andrew Witter of any action being taken.

Lucy Burton moved that a $200 fine be levied against the Oak Hollow Pool for falsifying records, to be paid by July 10, 2005.  If the fine is not paid by 7/10/05, the BOH will order the pool to be closed until the fine is paid.  Steven Ball seconded the motion.  All approved.

Review of Housing Inspection – 36 Jacbon Road
Glen Harrington reported that this housing inspection had started out as a neighborhood complaint.  Glen went out to look at an abandoned house at 36 Jacbon Road.  The property is part of an estate being handled by Mr. Louis Bonitto from Atlanta.  Mr. Bonitto agreed to have the house boarded up.  Glen Harrington stated that because there are other items here that he considered would impair the health, safety and well being of the occupants, the building meets the criteria to be condemned.  Because it is unoccupied, the BOH can condemn the building at any time.  The family then will have the right to appeal the decision if they wish.  To date, the only action taken by Mr. Bonitto has been boarding up the structure.  There are still broken windows, and the front door is not lockable.   The building needs to be secured.

Lucy Burton moved that the building at 36 Jacbon Road be condemned, having been determined after BOH inspection that it meets the criteria for being unfit for human habitation.  Steven Ball seconded the motion.  All approved.

Steven Ball moved that the BOH approve an order to secure the dwelling at 36 Jacbon Road, to prevent further damage or looting to the structure.  Lucy Burton seconded the motion.  All approved.  

Review of Housing Inspection – 80 Lakeside Trailer Park
Glen responded to a complaint from a neighbor to inspect a double wide trailer at #80 Lakeside Trailer Park.  The owner’s niece and her boyfriend and a 7 month old child were living there.  Glen discovered 12 or 13 of 27 violations that met conditions that impair the health, safety and well being of the occupants.  Glen therefore considered the trailer to be unfit for human habitation, and told the owner that the property is condemned.  The owner is in the process of selling the trailer back to the trailer park.  Glen recommended that (1) the BOH have the property posted so that no one can go back into the trailer, and (2) order the trailer to be secured.

Lucy Burton moved that the BOH condemn the trailer at #80 Lakeside Trailer Park as being unfit for human habitation.  Steven Ball seconded the motion.  All approved.

Lucy Burton moved that the BOH issue an order to secure the trailer at #80 Lakeside Trailer Park.  Steven Ball seconded the motion.  All approved.   

Review and Approve:  Landfill Monitoring & Engineering Consultant Contract, Woodard & Curran
Lucy Burton moved to continue review of the landfill monitoring and engineering consultant contract with Woodard & Curran to the next BOH meeting with full Board members in attendance.  Steven Ball seconded the motion.  All approved.

Septic Inspection Regulation Variance Request:  Mercantile Properties for Maushop Village
Lucy Burton moved that the septic inspection regulation variance request for waiver until October 30, 2005 to replace the bull run valve on five systems, located in Maushop Village buildings 7,13,17,18, and 22, be approved, pending receipt of the $40 fee due for a variance request.  Steven Ball seconded the motion.  All approved.

Housing, Request for Extension of Time:  26 Beechwood Drive
A variance is requested for extension of time to correct existing septic system violations at 26 Beechwood Drive, due to difficulty of finding contractors to do the work in the allotted timeframe.

Lucy Burton moved to approve the variance request for extension of time to correct septic system violations at 26 Beechwood Drive, until July 31, 2005.  Steven Ball seconded the motion.  All approved.

Country Store.
Glen Harrington reported that the Country Store still had cigars up on the counter within reach of customers.  This is in violation of state code and is liable for a $100 fine.

D’Angelo’s – Rt. 151
Glen Harrington reported that there are 24 seats in the establishment, which are 10 seats over what is allowed.  They are in violation of (1) Title V septic regulations, (2) Food Code, (3) BOH Part 9 section 14 regulations, and (4) State Ground Water regulation 310 CMR 4.  

Lucy Burton moved that a BOH Health agent reinspect the D’Angelo’s facility on July 1, 2005 to order the permanent removal of 10 chairs, followed by a certified letter to the corporate headquarters stating that should any subsequent inspections find an excess of 14 chairs, the facility will be in violation of Title V septic regulations, Food Code, BOH Part 9 section 14 regulations, and State Ground Water Regulation 310 CMR 4 , and will be subject to penalties in accordance with those regulations.  Steven Ball seconded the motion.  All approved.

Odor in the Lower Level of Mashpee Town Hall
Steven Ball reported that a very strong, offensive odor on the lower level of the Town Hall has been a problem for some time, particularly in the area of the Conservation office.  Staff in the Conservation Dept. is complaining of severe headaches as a result of the air quality.   Water leaks from the front of the building are the suspected probable cause.  

Lucy Burton moved that the BOH send a letter to Town Manager Joyce Mason ordering the hiring of a professional to conduct an inspection and an air quality test for the lower level of Town Hall, whether it be Marina Brock at Barnstable County Dept. of Health, or a private contractor.  Steven Ball seconded the motion.  All approved.

DISCUSSION
Veronica Warden reported that she attended the Water Quality Forum on June 24th, 2005 at the offices of the Sandwich Water District on Tupper Road in Sandwich.

The next meeting of the Board of Health is scheduled for Thursday, July 14, 2005.

As there was no further business, the meeting was adjourned at 8:15 PM.

Respectfully submitted,




Ina G. Schlobohm
Recording Secretary