TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, Nov. 22, 2006
Board Members Present: Also Present:
Steven Ball, Chairman Glen Harrington, Health Agent
Lucy Burton, Vice Chairman
Glenn Santos
Chairman Steven Ball called the meeting to order at 7:05 PM.
APPOINTMENTS
7:15 PM - David Crispin I/A (Clivus Mutrum) Fire Incident, 265 Monomoscoy Road
David Crispin introduced himself to the Board as a Civil Engineer with the BSC Group. Dave Crispin stated that in the fall of 2006, a fan in the composting toilet failed, resulting in a fire in the basement at 265 Monomoscoy Road. The owners are uncomfortable with any risks associated with such an event ever happening again and wish to explore alternatives to the use of the composting toilet. On behalf of the property owner, Mr. Rod St. Pierre, BSC is requesting that the BOH allow the re-plumbing of the dwelling to eliminate the use of the Clivus composting toilet system and allow the black water flow to be discharged to the Title V septic system.
Glenn Santos stated that in order to allow the black water flow to be discharged to the Title 5 septic system, installation of a denitrification system and ultraviolet light would be required. Mr. Crispin agreed to revise his current plans for modification of the interior plumbing to include installation of a denitrification system and ultraviolet light, and return to the Board for further review.
7:45 PM – Paul Reardon – Show Cause Hearing Housing Code Violations-32 Forest Drive
Paul Reardon introduced himself to the Board of Health as the owner of the property at 32 Forest Drive.
Glen Harrington reported that a certified letter dated 9/29/06 had been sent to Mr. Reardon, outlining the two State Sanitary Code violations existing on the property. At an inspection conducted by Veronica Warden on 9/27/06, it was observed that the well pump in the basement was malfunctioning, and that there was mold throughout the basement which was the result of reported plumbing leaks. In a certified letter dated 9/29/06 from the BOH to Mr. Reardon, he was ordered to provide water to service the dwelling by utilizing a dedicated hose for water transfer from an abutting property owner, to make application to the Water District, retain the services of a licensed plumber and excavator to provide water service to the dwelling within 24 hours of receipt of the letter, and was ordered to hire a professional consultant (a Certified
Industrial Hygienist) to investigate post remedial health and safety conditions.
In a follow-up certified letter to Mr. Reardon from the BOH dated 10/30/06, it was noted that he was in violation of the BOH order letter dated 9/29/06 which stated that Mr. Reardon must retain the services of a professional consultant (Certified Industrial Hygienist) to investigate post remedial health and safety conditions of the dwelling. The order letter was hand delivered to Mr. Reardon’s attorney, Mr. Seth Roman on 9/29/06. The 10/30/06 letter ordered Mr. Reardon to appear before the BOH on Nov. 8, 2006, to show cause as to why he had failed to retain the services of a CIH.
Glen Harrington stated that Mr. Reardon’s attorney had told him that someone had been hired but the BOH had not received any evidence as far as who was hired and whether or not that person was a Certified Industrial Hygienist. Mr. Reardon stated that his manager had hired John Harvey to clean up the dwelling. Mr. Reardon stated that as far as he knew, Mr. Harvey was a Certified Industrial Hygienist. Steven Ball stated that the BOH would need to see Mr. Harvey’s license to prove that he was a certified industrial hygienist. Further, an inspection by a Health Agent will be required before anyone can occupy the dwelling. Glenn Santos put Mr. Reardon on notice that if anyone is found to be occupying the property at 32 Forest Drive before an inspection is conducted by the BOH, he would be
fined on a daily basis until said inspection is completed.
Mr. Reardon stated that the best way to reach him is at 393 Main Street, Route 28, Dennisport.
8:00 PM - Omni Environmental – I/A (RSF) Piloting Use Request – 3 Mohican Avenue
Christopher Costa & Associates, Inc., on behalf of their client Gene Smith, is requesting BOH approval of a septic design to include the installation of an OMNI Recirculating Sand Filter System (RSF) which provides innovative/alternative treatment at 3 Mohican Avenue. The proposed use is for a loading rate of 660 gallons per day, per acre, as per the piloting use approval from the Dept. of Environmental Protection.
The RSF does not get as much nitrogen credit as the other types of denitrification systems. But under piloting, they do. That is why the State will review this case as a piloting approval.
Lucy Burton made a motion to approve the submitted plan on 3 Mohican Avenue, with a deed restriction of two bedrooms, with the standard O & M contract with 2 years of monitoring, and with
the nitrogen calculations added to the plans. Glenn Santos seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Minutes of March 31, 2005, October 11, 2006, and October 25, 2006
Glenn Santos made a motion to approve the minutes from the BOH Public Meeting held on 3/31/06. Lucy Burton seconded the motion. All approved.
Lucy Burton made a motion to approve the minutes from the BOH Public Meeting held on October 11, 2006. Steven Ball seconded the motion. All approved.
The following corrections were made to the minutes from the October 25, 2006 BOH Public meeting:
Page 1, under APPOINTMENTS – 1. Deer Crossing, paragraph 2, line 3, change the words Deer Crossing to Attorney Brady.
Page 3, paragraph 7 should have a heading entitled Mirage Hair Salon – Variance Request.
Page 4, under DISCUSSION, 1, Restaurant Rating System, in lines 3 and 4, change GOTMS to GEOTMS.
Lucy Burton made a motion to approve the October 25, 2006 BOH Public Meeting minutes as corrected. Steven Ball seconded the motion. All approved.
3. Response from Attorney Gildea representing Christopher Burden re: Popponesset Marketplace Nuisance and Plumbing Code violations.
Glenn Santos made a motion to continue the Popponesset Marketplace Nuisance and Plumbing Code violations until the next BOH meeting when Attorney Gildea will be present to explain the violations. Lucy Burton seconded the motion. All approved.
4 and 5. Request for Massage Therapist license (2006-2007) – Thomas Driscoll & Catherine Paulson.
The Board determined that the above license requests and requests for incorporation of current application and fees into the 2007 applications had been previously approved by the BOH.
6. Request for Septic Installer’s License 92006-2007) – Patrick Tropeano
Lucy Burton made a motion to approve the septic installer’s license for Patrick Tropeano for the year 2007. Glenn Santos seconded the motion. All approved.
Lucy Burton made a motion to incorporate the 2006 installer license application and fees into the 2007 application. Glenn Santos seconded the motion. All approved.
7. Proposed Amendments to “Recycling Regulation”
Glen Harrington stated that the Recycling Committee has requested a meeting to either come before the BOH, or have Catherine Laurent meet with Glenn Santos before coming before the BOH, to discuss the Recycling Regulation revisions. Glenn Santos and Glen Harrington agreed to arrange a meeting with Catherine Laurent and Chuck Gasior, a member of the Recycling Committee, to discuss in detail the necessary revisions to the Recycling Regulation.
8. FYI – Mercury Campaign Resolution Request. Glen Harrington distributed an informational bulletin to the Board from the Clean Water Action organization in Boston regarding the work being conducted by their New England Zero Mercury Campaign. The Swampscott Board of Health in 2004 resolved to educate the public by requiring all restaurants and stores in town that sell potentially high-mercury fish to post warnings about mercury in fish. The Clean Water Action group is asking the Mashpee BOH to consider enacting a similar resolution to inform the Mashpee town residents about the dangers of mercury exposure and thus protect them from this dangerous neurotoxin. The BOH members agreed to review the information in the bulletin from Clean Water Action in preparation for discussion of the issue at
the next BOH meeting.
9. Budget FY 2008. Glen Harrington reported that there is no net increase in expenses. Glen took money out of the office supplies because there were funds left over from 2006, and applied the leftover funds to two other accounts where expenses went over: gas expense, and repairs to the vehicle. There was another account for dues and membership which Glen funded with $300, to cover four BOH MAHB and MHOA memberships. Glen Harrington stated that he plans to discuss with Joyce Mason the possibility of adding a part time position for the BOH office. Glen will inquire of Joyce Mason and Marilyn Farron as to whether the part time position that the BOH previously had at the transfer station is still on the books. If it is still on the books, the only action needed would be to fund it, and
fill it.
Glenn Santos asked about whether funds are being set aside to provide flu vaccines to Town employees. Glen Harrington stated that the Town and the infrastructure the Town provides will enable flu vaccine to be made available to all Town employees.
10. 45 Little Neck Lane, New Seabury
Lucy Burton made a motion to add 45 Little Neck Lane, New Seabury, to the meeting agenda. Glenn Santos seconded the motion. All approved.
Glen Harrington stated that the owners of 45 Little Neck Lane, Robert and Rosemarie Murphy, have requested an extension of 6 months from February 1, 2007, for the installation of a new septic system on the property. Plans for the septic system have been approved. The Murphys have received one bid for the work and are waiting for receipt of 5 additional bids before starting the work.
Steven Ball made a motion to deny the request for an extension of 6 months from February 1, 2007 to complete the installation of the new septic system at 45 Little Neck Lane.
Discussion followed as to whether or not the Murphys should be notified in advance that daily fines will be levied in the event that the new septic system is not installed by February 1, 2007.
Lucy Burton seconded the motion. Glenn Santos opposed the motion. The motion passed.
OLD BUSINESS
No old business.
DISCUSSION
Proposed Food Service Regulation re: Date and Time Labeling for Take-Out Services
Glenn Santos stated that he has not yet had an opportunity to review the information regarding the proposed food service regulation.
Lucy Burton made a motion that the Board continue discussion of the regulation until the next BOH public meeting. Steven Ball seconded the motion. All approved.
14 Oneida Avenue - FYI
Glen Harrington reported that the Building Department has condemned the dwelling at 14 Oneida Avenue. The owner, Paul Kerrigan, hired Mike LaBute to install a new the septic system on the property. Upon completion of the septic installation, Mr., Kerrigan reportedly never paid Mike LaBute for the work. Mike LaBute therefore did not turn in the As Built cards. Neither a Certificate of Compliance nor an occupancy permit has ever been issued, and the property has been occupied for a long time. Mr. Kerrigan has refused to meet with Rich Stevens, the Town Building Inspector, to discuss the matter. Therefore, the Building Department has condemned the building, and the occupants must move out. Rich Stevens has asked Glen Harrington to write a letter in support of why there was
never a certificate of compliance and an occupancy permit issued by the BOH.
Restaurant Food Handlers Not Wearing Gloves
Glen Harrington reported that he and Veronica Warden have been seeing a fair amount of restaurant operators not wearing gloves when preparing potentially hazardous foods for sandwiches, etc.
Lucy Burton made a motion to give the Health Agents and summer interns from the county the authority to issue fines, on the spot, for non-use of gloves by any food establishment workers when handling potentially hazardous foods. Glenn Santos seconded the motion. All approved.
Lucy Burton made a motion to set the fines at $100 for the first offense, and $200 for the second offense. The third offense will require the establishment owner/manager to appear before the BOH for a Show-Cause hearing. Glenn Santos seconded the motion. All approved.
Lucy Burton requested that a courtesy letter be sent from the BOH to restaurant establishments, reminding the owners of the regulation pertaining to the requirement for food handlers to wear gloves when preparing potentially hazardous foods, informing restaurant owners in advance of what the repercussions will be regarding fines that will be levied on offending establishments.
Lucy Burton made a motion to adjourn the regular session of the Board of Health to go into Executive Session and not return. Glenn Santos seconded the motion. All approved.
As there was no further business, the meeting was adjourned at 8:40 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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