TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, March 26, 2008
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Glenn Santos, Vice Chairman
Burton Kaplan, Clerk
Chairman Lucy Burton called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM – Douglas Williams, Septic Inspection Violations – 75 Edgewater Road
Douglas Williams was a “no show”.
Glen Harrington stated that a septic inspection was done at 75 Edgewater Road on 1/24/08 by David Coughanowr, per the request of Accredited Home Lenders. Mr. Coughanowr’s inspection report indicated that “the septic system needs further evaluation by the local approving authority, as the tank is H-10 loading, the distribution box was inaccessible and a garbage grinder is installed in the kitchen sink.”
Glen Harrington stated that he wrote a letter dated 2/06/08 to Accredited Home Lenders, stating that the bank was ordered to comply with the following “orders” within 30 days of receipt of the letter:
1. the septic tank shall be either replaced with an H-20 loading tank, or the driveway shall be relocated 10’ from the septic tank and the amount of fill over the septic shall be reduced to no more than 3 feet in depth.
2. The distribution box shall be located, excavated and a riser installed so maintenance and inspection are possible.
3. the bank is ordered to retain the services of a licensed plumber to remove the garbage grinder, and forward a copy of the plumber’s invoice to the BOH.
Glen Harrington stated that the bank was not happy with the letter, and rehired Mr. Douglas Williams to conduct another septic inspection, knowing that Mr. Douglas was not aware of the prior septic report by David Coughanowr and the order letter sent by the BOH to Accredited Home Lenders. Mr. Williams submitted a septic inspection report, dated 3/11/08 which was in violation of Mashpee BOH regulations Part IX, Section 17.00 and 310 CMR 15.00 of the State Envirionmental Code Title V: Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, as it did not include the following information:
1. The driveway location was omitted from the report
2. The report did not indicate the septic tank was H-10 rated loading and located in the driveway
3. The report did not indicate the Distribution Box and a riser was required to be installed to allow for inspections and maintenance per BOH regulations
4. The report did not indicate the soil absorption system currently servicing the dwelling was not designed to include the garbage grinder installed in the kitchen sink
5. Mr. Williams failed to register with the BOH as a septic inspector per BOH regulations
6. Mr. Williams failed to submit the $25 fee required for septic inspection report submittal, per BOH regulations.
7. Mr. Williams failed to perform research at the local BOH office which would have informed him of the previous inspection on 1/24/08, and that the property is serviced by a domestic well which required a water sample taken for analysis per BOH regulation.
Glen Harrington stated that because Mr. Williams failed to have the $25 filing fee attached to his report, and because the report was grossly incomplete, the report is not considered to be submitted to the BOH. A letter was sent by the BOH to Mr. Williams on 3/11/08 ordering him to appear before the BOH for a show cause hearing on 3/26/08 to explain why he violated the Title V and BOH regulations.
Glenn Santos made a motion that the BOH deny Mr. Williams the right to conduct septic inspections in Mashpee for one year, as of 3/26/08, and no inspection reports will be accepted from Mr. Williams during that time period. Burton Kaplan seconded the motion. All approved.
Burton Kaplan stated that he would check the MLS listings to determine whether the house is for sale. Glen Harrington stated that the house on the property is not occupied.
Glenn Santos stated that the BOH should send a letter to Accredited Home Lenders ordering them to notify the BOH of any change of ownership. If this directive is not followed, the BOH will levy a fine against Accredited Home Lenders, and they will be ordered to appear before the BOH for a show cause hearing to explain why they have failed to comply with the directive.
7:45 PM – 401 Route 151 Show-Cause Hearing
Glen Harrington stated that the last BOH discussion on this issue was on 1/23/08. At that time, fines that were issued to Johns Pond Center Realty Trust were voted to be held up until the meeting of 1/27/08, but were again extended to be held up until tonight. Glen Harrington stated that he had met with Town Counsel today and had received some recommendations regarding the John’s Pond Center Realty Trust issue.
Glenn Santos then reviewed the background of the situation. He stated that the property was sold and was in violation of the BOH regulation, with over 600 gallons per day. Glenn Santos stated that the BOH had met with Town Counsel and came up with a proposal to present to John’s Pond Center Realty Trust that it felt to be the easiest and most amicable way to resolve the current impasse. Glenn Santos stated the proposal as follows:
1. Rescind all accrued fines placed to date.
2. Require a groundwater sample to be obtained 10 feet from the edge of the SAS on the downgradient side, and analyzed for total nitrogen. Both parties would agree to the following: if the sample result is >10 mg/l TN then the denite would be installed; if the sample result is < 10 mg/l TN then the system would be considered in compliance with BOH regulations. Sampling and result to be performed within 30 days of notice. The Health Agent is to be present during the sampling to obtain split sample.
3. The beauty salon on the property is out-of-compliance with DEP Industrial Tight Tank regulations. If the denite is installed, the requirement of the industrial tight tank would not be enforced. The BOH oversees the permitting of the tight tanks, so DEP is not involved.
Glenn Santos stated that should the above proposal be denied by the owners of 401 Rt. 151:
1. Court action will be sought for full compliance of our regulation.
2. Full compliance of the industrial tight tank regulations will be sought for the salon.
3. All fines shall be reinstated to accrue until the system is upgraded with the denite.
Anthony Ross, an attorney representing Alex Mitrokostas, introduced himself to the Board and asked whether the salon was grandfathered from the DEP tight tank regulation. Glen Harrington answered the question in the negative.
Thomas Paquin, attorney representing Alex Mitrokostas, introduced himself to the Board, and reiterated the position of his client that he is not in violation of the BOH regulation. Mr. Paquin stated further that, having said that, his client would like some time to consider the proposal and confer with his engineers. Mr. Paquin requested a period of two weeks to study the proposal presented by the BOH. Mr. Ross requested that the Health Agent send a copy of the proposal to both Mr. Paquin and himself.
The Board agreed to give Alex Mitrokostas the requested two weeks to study the BOH proposal, and get back to the BOH at its next Board meeting on Wednesday, April 9, 2008, or respond to Glen Harrington with an answer if ready before that date.
NEW BUSINESS
1. Sign Warrants. The Board members signed the warrants.
2. Approve Public Session Minutes – 3/12/08
The following corrections were made to the 3/12/08 minutes:
- Page 4, under 3. Hingham Food Inspection Policy, paragraph 2, line 8, after the word Lucy, strike the word also and insert the words had in the past.
- Page 4, under 3. Hingham Food Inspection Policy, paragraph 4, line 2, strike the words rating system and insert the word regulation.
A motion was made, seconded and passed to approve the 3/12/08 BOH Public Session minutes as corrected.
3. Formal Nuisance Complaint: Puritan Clothing of Mashpee Commons re: Second-Hand Smoke
Glen Harrington stated that this is an FYI for the Board that the complaint has been filed and is still under investigation. More information is needed before any Board action will be required.
4. Nomination of 2008-09 Animal Inspectors
Glen Harrington commented that Ben Perry and Veronica Warden are currently the Animal Inspectors and are in agreement to continue in the position.
Glenn Santos made a motion to appoint Ben Perry and Veronica Warden as Animal Inspectors for 2008-2009. Burton Kaplan seconded the motion. All approved.
5. Review and Approval of Definitive Subdivision Plan: #8 Blue Castle Drive
Glen Harrington commented that the BOH reviewed the subdivision plan on 1/23/08.
Engineering has been changed to include a 6’ x 6’ catch basin. Glen Harrington commented that the rim to the catch basin is currently shown at 13’ elevation; his recommendation is that the rim be lowered to an elevation of 10 feet.
Burton Kaplan made a motion to grant approval of the definitive subdivision plan for 8 Blue Castle Drive with the stipulation that the level of the rim to the catch basin be lowered to an elevation of 10 feet instead of 13 feet. Glenn Santos seconded the motion. All approved.
6. Review of BOH Orders for Nuisance: Lakeside Estates, 300 Nathan Ellis Hwy
Glen Harrington stated that a previous BOH decision was based upon the date of March 11, 2008 as the end of the 30 days from receipt of the order letter issued by the BOH at the 2/27/08 meeting, requiring Lakeside Estates to implement the 5 mitigating condition requirements, outlined in a letter to Mr. Haney dated 2/14/08. The actual date of the 30 days from receipt of the order letter was March 20, 2008. Glen Harrington asked that the Board rescind the original motion made on March 12, 2008.
Lucy Burton moved that the earlier BOH motion of 3/12/08 be rescinded to fine the Lakeside Trailer Park $500 per day until all specified violations have been corrected, effective March 13, 2008. Glenn Santos seconded the motion. All approved.
Glen Harrington stated that he had called Mr. Haney at Lakeside Estates on March 19th, to ask for additional information on any action taken to mitigate the specified violations.
An unsigned letter from Lakeside Estates dated March 14th, 2008 was received by the BOH on 3/21/08, which stated: “We have received your letter, and will do what has to be done when the weather permits.”
Discussion followed regarding the 5 violations cited in the BOH letter of 2/14/08 to Mr. Haney. The Board agreed that all 5 issues add up to violations of the MGL 111 Section 122, Nuisance Regulation.
Burton Kaplan moved that Lakeside Estates be fined $500 per day upon notification. If there is no change in the correction of the nuisance violations by May 1, 2008, a nuisance complaint will be filed in the Court. Glenn Santos seconded the motion. All approved.
OLD BUSINESS
1. Seashore Kennels – Pelley, 171 Falmouth/Sandwich Road
Glen Harrington stated that Veronica Warden was handling this issue and was unable to attend the meeting tonight. Therefore the issue was continued until the next BOH meeting when Ms. Warden will be in attendance.
2. Commercial Tonnage – Catherine Laurent
Glen Harrington reported that Catherine Laurent had provided him with information regarding the difference between the total amounts of commercial waste tonnage received at UCRTS between 2006 and 2007. In 2006, there was 2,880 commercial waste tonnage taken to the UCRTS; in 2007, there was just1300 commercial waste tonnage.which represents a decrease of more than half the commercial waste tonnage being received at UCRTS, and results in a significant decrease in the DEP budget, and costs the Town more dollars per ton to handle the waste.
Glenn Santos recommended that Catherine Laurent be requested to give the BOH a complete up-to-date list of the waste handlers who are in violation of the tipping regulation at the UCRTS. Glenn Santos stated that he has high level contacts at both Semass as well as Boston DEP, who have been notified of the hauling companies in violation.
DISCUSSION
1. FYI – Training on Food & Water Emergencies
Glen Harrington announced a training session sponsored by the MDPH’s Food Protection Program, MA Health Officers Association, and Local Public Health Institute of MA. Dates for the upcoming sessions are: 5/07/08 in Dedham; 5/20/08 in Pittsfield; 5/27/08 in Gloucester. The purpose of the training is to provide local BOH officials with the knowledge and tools needed to prevent or minimize food-borne illness/injury before, during and after a single or widespread event.
2. DRAFT – Refuse Container Regulation
The Board recommended the following changes to the regulation draft:
1) there should be contrasting colors for lettering on the placards
2) letters on the placard should be no less than 3 inches high
3) the placards should be no less than 10” x12” in size
4) placards shall indicate “at a minimum” their names, addresses, and contact numbers
3. February 2008 Gas Monitoring Report – Mashpee Landfill
Results: hydrogen sulfide and VOCs were not detected in any of the screening locations. At the 300 second sampling interval, oxygen concentrations ranged from 13.1% (SGW-11A) to 20.9% (SGW-17, SGW-12, transfer building, and guard house).
Conclusions: Landfill gas monitoring wells SGW-9 and SGW-3 are damaged and should be repaired prior to the next sampling event. SGW-13 was destroyed during installation of a perimeter fence. This well existed as the northern-most landfill gas monitoring well. Further evaluation of SGW-13’s value to the monitoring program is necessary to determine whether a replacement well is necessary.
Lucy Burton suggested that the maintenance crews be requested to be more careful when working around the wells. Glenn Santos stated that the DEP needs to be notified that the SGW-13 well was destroyed. The Board’s concensus was that well #13 needs to be replaced.
4. DRAFT - Food Inspection & Enforcement Regulation
The following changes were suggested to the draft:
1) SECTION II, paragraph 2, 4th line, insert the words “prevention and” before the word “spread”
2) SECTION III, paragraph 2, line 1, delete the words “the initial” and insert the words “a monthly or routine”
3) SECTION III, paragraph 2, line 3, add “Failure to correct …” explanation
4) SECTION III, paragraph 3, line 5, delete the word “critical”
5) SECTION III, paragraph 8, line 2, delete the word “within” and insert the word “for”, and delete the word “view” and insert the word “review”.
6) SECTION III, paragraph 2, Lucy Burton questioned whether the Health Agent would be able to return within a 24 hour period to confirm whether critical violations were corrected. If not, then what happens?
Glenn Santos felt that more work was needed on the draft, stating that he had problems with SECTION III, numbers 4,5,6, and 7, regarding the time frames involved between violations found and actions taken. Glen Harrington stated that the form needs to be finalized before the onslaught of the coming summer season.
5. DRAFT – Bodyworks Regulation
The following changes to the Draft were suggested:
1) 1. PURPOSE AND DEFINITION, A. – add the following 2 disciplines: Reiki and Qi Gong.
2) 3. EXCLUSIONS, A. add Nurses to the list.
3) 3. EXCLUSIONS, C, line 2, change the word “similar” to “similarly”.
4) 6.TREATMENT OF PERSONS WITH SKIN DISEASE PROHIBITED, A, line 3, add the word “of” after the word “not”.
5) 9. DESIGNATION OF NAME: line 2, change the word “his” to “his/her”
6) 11. INSPECTIONS: “inspection” needs to be defined as to what is included
7) 12. HEARING IN CASE OF SUSPENSION, line 3, should read “suspension or revocation”
8) 13. PENALTIES/DISCIPLINARY ACTION, line 7, delete the word “upon” and insert the words “imposed by”
9) 14. INVALIDATION, last sentence, insert “Mass.” before “General Laws”.
Other suggestions for additions to the draft:
1) Requirements for the facility need to be included
2) Education requirements for the therapists need to be included
3) Training institutions for therapists need to be accredited
6. Review of Training “Risk Communication Planning & Practice: Focus on Pandemic Flu
The training session was presented by the MA. Dept of Public Health and the Local Public Institute of Massachusetts. Glen Harrington reported that the training session was one of the best he had ever attended. There are three basic questions that the public needs to ask during an interview: (1) Am I at Risk? (2) How Can I Protect Myself? (3) What Can You Do For Me? If you can repeat these three questions 3 times during your interview, you have been successful. Burton Kaplan asked whether there are pre-prepared responses. Glen Harrington said definitely, yes. Burton’s second question was whether there is a written plan for Mashpee. Glen Harrington stated there is no plan yet but Mashpee is working on it.
7. Chemicals in Drinking Water – Mashpee Enterprise Article of 3/21/08
Burton Kaplan stated that the article talks about the proper disposal of old prescription drugs, and states that they should not be disposed of and flushed down the toilet, thus threatening the water supply. What the article does not specify is how to dispose of these old drugs. Burton suggested contacting the newspaper for a follow-up article, and also put information out on the local access channel or website.
The next meeting of the Board of Health is scheduled for Wednesday, April 9, 2008. As there was no further business, the meeting was adjourned at 9:25 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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