TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, November 7th, 2007
Board Members Present: Also Present;
Lucy Burton, Chairman Glen Harrington, Health Agent
Glenn Santos, Clerk
Chairman Lucy Burton called the meeting to order at 7:02 PM.
APPOINTMENTS
7:15 Cape Waste, Inc. – By-Law Violation
Peter Amaral, representing Cape Waste, Inc., introduced himself to the Board.
Glen Harrington commented that in a memo to the BOH from the DPW dated 10/10/07 it was noted that as of 10/10/07, Cape Waste, Inc. was in arrears by $14,021.35, and that the DPW had suspended the company’s tipping privileges at the UCRTS due to non-payment. In a letter from the BOH dated 10/17/07, Mr. Amaral was ordered to appear before the BOH at their next meeting for a “Show Cause” hearing, to explain why Cape Waste had failed to comply with the Mashpee By-Law, the BOH Refuse Regulation, and the UCRTS Rules and Regulations.
Catherine Laurent, Assistant Director of the DPW, introduced herself to the Board. She stated that Cape Waste is still just over $10,000 in arrears to the DPW.
Peter Amaral stated that he had mismanaged the company’s debt over the summer. At the beginning of June, one of the drivers was injured and Mr. Amaral had to take over his route, instead of keeping up with his office responsibilities, including paying the bills.
It was September before he realized how far behind he was in payments to the DPW. Mr. Amaral stated that he has receivables of about $45,000 at the present time.
Glenn Santos commented that Cape Waste has been before the Board in the past for problems with arrears. The company is constantly in a position of being behind in their payments to the DPW. The Town pays its bills on time to UCRTS; it is not fair that Cape Waste is not keeping up with its payments to the Town.
Glen Harrington stated that the BOH regulations offer the following options:
1) pull the Cape Waste bond to offset some of the outstandings
2) set a condition upon a new permit that the Bond amount be raised
3) revoke the Cape Waste license because of the violations
4) fine the company according to State regulation 1131 B up to $1,000
Mr. Amaral stated that he would be in a position to pay all DPW outstanding balances by December 5, 2007.
Lucy Burton made a motion that the DPW will need to receive a Cape Waste payment of all outstanding balances by 12/05/07 in order for the company to continue their privileges at the UCRTS, and to be issued a permit for 2008. Glenn Santos seconded the motion. All approved.
7:30 PM – Catherine Laurent - Solid Waste & Use of UCRTS
Catherine Laurent, Assistant Director of DPW, introduced herself to the Board.
Catherine Laurent stated that she was here tonight to follow up on a BOH meeting held in January 2007, to talk with haulers with Mashpee permits about offering recycling to their customers, as is required by the DPH regulation. Catherine stated that several haulers are offering the service, and more have approached her about offering the service. In addition, a number of Homeowners Associations have contacted her about their interest in receiving the service. The question posed by Catherine Laurent was, “What can we do to make this happen?”
Glen Harrington asked about the possibility of the Town offering curbside recycling service. Catherine Laurent said that previous discussions about offering this service have stalled because of the cost involved.
Catherine Laurent stated that she will be discussing with the Board of Selectmen this month the possibility of the Town switching to a “pay as you throw” system, in which residents that use the Mashpee Transfer Station would pay per bag of trash instead of a flat annual fee. The Pay as you Throw system creates a financial incentive to recycle, i.e., keep the recyclable items separate from the trash, thereby decreasing the number of bags of trash.
Edward Baker, president of the Environmental Coalition, Bradford Sweet, a representative of the New Seabury Homeowners Association, and Nikki Descoteaux, a member of the recycling committee, were all present at the meeting and introduced themselves to the Board as avid supporters of the recycling efforts of the Town.
Ms. Laurent made the point that because the haulers have not been offering/reporting recycling amounts, the Town’s recycling rate is reduced. If the rate falls below the 26% rate achieved in 2005, the Town stands to be excluded from applying for certain state grants. The state has set a 56% recycling rate goal for towns to reach by 2010. Ms. Laurent stated further that recycling pays: the Town saves an average of $30 to $40 per ton of waste that is recycled instead of thrown away – it costs $80 to $90 per ton to get rid of regular trash.
Glenn Santos suggested that in order to obtain a permit for 2008, the BOH require all private trash companies in town to provide proof of how many tons they recycled in 2007. Even if the companies report zero tons recycled, it will give the BOH a baseline to start from, and it will communicate to the haulers that they have to begin offering and tracking recycling in 2008.
Glen Harrington stated that he will meet with Catherine Laurent to come up with a plan for haulers’ permit requirements for 2008.
7:45 PM – Papermoon Show Cause Hearing
Sean Early, Attorney representing Papermoon, and Junko Akiyoshi, Papermoon introduced themselves to the Board.
Glen Harrington stated that a Show Cause hearing was requested because of a third offense by Papermoon Restaurant of a BOH regulation requiring the wearing of gloves when handling food. In addition, the Serv Safe certification requirement for all Papermoon employees handling food has not been met.
Sean Early stated that regarding the Papermoon Serv Safe requirement, there are five kitchen staff, two of which have completed the certification process, and the other three are in process, slated for completion by 11/19/07. Mr. Early stated that there had been some confusion on the part of the Papermoon proprietor because of a State guideline which indicated that in some instances the use of bare hands in preparing food was allowed. However, after talking with Glen Harrington, Papermoon now fully understands that their employees handling food must wear gloves. Mr. Early asked that if the Board was inclined to take punitive measures against Papermoon for the third offense, a fine be considered as opposed to closing the restaurant.
Lucy Burton clarified for Papermoon that the wait staff as well as the kitchen staff were required to obtain Serv Safe certification, as a result of the multiple critical violations that have occurred at the restaurant. Sean Early assured the Board that by 11/30/07, all required staff at Papermoon would have completed their Serv Safe certification training.
Lucy Burton made a motion that all food handlers at Papermoon Restaurant must have completed their Serv Safe certification by 11/30/07 and that any future bare hands violations at Papermoon will result in a 3-day closing of the establishment. Glenn Santos seconded the motion. All approved.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Public Session Minutes of 9/12/07, 9/26/07, 10/12/07, and Executive Session minutes of 5/30/02, 6/13/02, and 7/11/02.
It was moved and seconded that the minutes from the Public Session Board of Health meetings held on 9/12/07 and 9/26/07 be approved. All approved.
The minutes from the Public Session Board of Health meeting held on 10/10/07 were amended as follows:
1. Page 1, under APPOINTMENTS, 7:15 PM, paragraph 2, line 7, delete the word “licensed”.
2. Page 4, under OLD BUSINESS, #2, 51 Santuit Pond Rd., line 3, delete the words “declared the property to be”, and insert the words “stated that the property would be”.
3. Page 5, under 3. Papermoon Update, first paragraph, line 8 correct the spelling of the word suchi to sushi.
4. Page 5, under DISCUSSION, 1, I/A Systems, first paragraph, line 6, correct the spelling of the word coloform to coliform.
5. Page 6, second paragraph, insert the heading Flu Shot Clinic above the paragraph.
It was moved, seconded and passed that the minutes from the Public Session Board of Health meeting held on 10/10/07 be approved as corrected.
The minutes from the BOH Executive Sessions of 5/30/02 and 7/11/02 could not be approved at tonight’s meeting due to a confidentiality issue.
It was moved, seconded and passed that the minutes from the BOH Executive Session of 6/13/02 be approved.
3. Request for Review and Approval of Revised Kennel Regulation
Lucy Burton stated that the BOH Kennel Regulation was adopted on March 28, 2007. Glenn Santos recommended the following changes to the regulation:
1) Page 4, Section VII – Fees, and Section VIII – Fee Exemptions, remove the
two sections altogether. Town Clerk will be handling the fees.
2) Page 4, Section X - Penalties, 1, b, second offense will be $300. Every offense thereafter will be $500. Delete c. $300 for the third offense
3) Page 5, Section XII, Effective Date, 1, line 2, delete January 1, 2008 and insert upon publication.
4. Page 5, under signature section, remove the line Lewis Mantel, MD, Clerk.
Glenn Santos made a motion to approve the revised BOH Kennel Regulation as of 11/07/07. Lucy Burton seconded the motion. All approved.
Glenn Santos made a motion to add Mama Stella’s Cape Cod Seasoning to the agenda under NEW BUSINESS. Lucy Burton seconded the motion. All approved.
4. Robert Barrett – Residential Kitchen Establishment Permit -Mama Stella’s Cape Cod Seasoning
Robert Barrett introduced himself to the Board. Mr. Barrett stated that he is applying for a residential kitchen license/permit for 2007/2008. Glen Harrington commented that Veronica Warden had conducted an inspection of the kitchen, located at 22 River Hill Road in Mashpee, and that there had been no previous violations. Mr. Barrett will be using all dried ingredients, no fresh vegetables.
Lucy Burton made a motion to approve the 2007 Residential Kitchen Establishment Permit for Mama Stella’s Cape Cod Seasoning, located at 22 River Hill Road in Mashpee, and to incorporate the 2007 application fee into the 2008 application fee.
Glenn Santos seconded the motion. All approved.
5. Town Clerk Request – 2008 Meeting Schedule
The Board members agreed to continue with the current BOH schedule, with meetings on the second and fourth Wednesdays of each month.
6. Review and Approval – 2009 Capital Improvement Program Submittal
Glen Harrinton stated that the 2009 program is the same as the one submitted last year.
The Board agreed to the plan submitted for 2009.
7. Request for Title V Design Plan Approval: Mashpee Fire Station, 101 Redbrook Road
Glen Harrington commented that the plans submitted look fine. They are going to extend town water from Degrass Road up to the station, not from the Great Oak Road end of it. The design flow variance has been reviewed and approved by the State. Glen Harrington stated that they have an industrial tight tank designed but did not submit plans for the tight tank that have to be approved and stamped by a professional engineer.
Glenn Santos made a motion to approve the Title V Design Plan for the Mashpee Fire Station to be located at 101 Redbrook Road, with the following stipulations:
1) the subsurface drainage installation must be shown on the design plans
2) submittal of design plans for the tight tank approved and stamped by a professional engineer
Lucy Burton seconded the motion. All approved.
8. Review of Three-year Budget and 2009 Budget
Glen Harrington stated that he had discussed the 3-year budget plan with Joyce Mason, and that the part-time position approved by the BOH last year is to be included. The town is requesting level-funding budgets, which means that any salary increases must be offset by a decrease in expenses. The BOH operates on an $8,000 expense budget for the year, and level funding will create problems for the department. Glen Harrington stated that he plans to submit just the $8,000 expense budget figure.
OLD BUSINESS
32 Forest Drive – Finding of Unfit for Human Habitation
Glen Harrington stated that, in response to a complaint that a tree had fallen in the back yard at 32 Forest Drive, he conducted an inspection of the property. Glen Harrington stated that the fallen tree had torn the entire deck off the back of the house. While there, Glen reviewed the situation regarding a list of old, outstanding violations on the property. The outstanding violations include the following:
1) a basement window was open resulting in security violation and possible entrance of rodent and insect infestation
2) the basement entry door was inoperable and cannot be secured against unlawful entry
3) the rear kitchen door and storm door were open and unlocked
4) gutters were full of debris
5) a pile of wooden doors, cabinets and counter tops were on the ground at the end of the driveway, and an electric stove, dishwasher and clothes dryer were outside the dwelling
6) a 6 ft. stockade fence surrounding the perimeter of the property was rotted, fallen and leaning
7) a 2 ft. diameter oak tree at the end of the driveway was split and leaning
8) a 2-ft. diameter pine tree at the end of the driveway adjacent to the rear left corner of the dwelling, was dead, rotted and leaning over the dwelling
In an order letter from the BOH dated 11/06/07, Paul Reardon, owner of the property, was ordered to secure the dwelling against illegal entry (above violations # 1,2,3) within 24 hours of receipt of the letter, and the above violations # 4 through #8 were ordered to be corrected within 7 days of receipt of the letter. Glen Harrington stated that he spoke to Paul Reardon who said he would take action to correct the violations.
Glenn Santos made a motion to issue a finding of Notice of Unfit for Human Habitation, and to condemn the dwelling at 32 Forest Drive as an emergency. Lucy Burton seconded the motion. All approved.
DISCUSSION
1. Tobacco Compliance Update
Glen Harrington reported that the BOH did a sweep, and it was clear.
2. Swimming Pools – DPH Clarification of Emergency Communication
Glen Harrington reported that he wrote a letter to Stephen Hughes, DPH, Community Sanitation Director, requesting clarification of the DPH emergency communication regulations. Mr. Hughes responded as follows:
1) push button notification to get emergency medical services to the property does not meet the intent of the regulation – there is no human contact to ensure the notification has gotten through
2) cell phones do not meet the DPH regulation because of areas of non-use, and 911 could go beyond the emergency area
3) automated testing is not acceptable. DPH wants a live person to receive the emergency notification
3. WEBNERR SEMINAR
Glen Harrington reported on a WEBNERR seminar on urine diversion, scheduled for November 30, 2007, which he plans to attend. The seminar will be held at the WEBNERR offices in Waquoit.
The next BOH meetings are scheduled for 12/05/07 and 12/19/07. As there was no further business, the meeting was adjourned at 9:30 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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