TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, January 14, 2009
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Burton Kaplan, Vice Chairman
Kalliope Egloff, Clerk
Chairman Lucy Burton called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM Brian Garner, Esq. 8 Chart Way
Brian Garner addressed the Board as the legal representative of Mr. Shane Caiazzo, the present owner of the property. Mr. Garner’s presentation to the Board is spelled out in his January 14, 2009 letter to the BOH, which letter is attached to the printed set of these minutes (Attachment 1). Mr. Garner also gave the Board a draft agreement (Attachment 2) and the conclusion was that for consistency’s sake Attorney Garner should submit another draft that follows the format of agreements previously submitted to the BOH by his law firm. Attorney Garner agreed to do this.
Burton Kaplan made a motion that the Board approve the 5 variances as submitted, subject to the execution of a mutually acceptable agreement, with the following conditions:
1. Total nitrogen shall be sampled/analyzed from the D-Box on a quarterly basis for a two-year period for the Sludgehammer P-46 or equal.
2. The ultraviolet light shall be installed in conjunction with the “Sludgehammer” system. The ultraviolet light shall be sampled from the D-box quarterly for two years for total coliform. The total coliform shall not exceed 200 colonies per 100 ml.
3. An executed Operation and Maintenance contract (O&M) for the “Sludgehammer” system shall be submitted to the Board of Health prior to issuance of a Certificate of Occupancy. The O&M shall include the maintenance of the ultraviolet light.
4. An enforceable agreement shall be prepared, submitted and approved by the Board of Health prior to issuance of the Disposal Works Construction Permit.
Kalliope Egloff seconded this motion, and it was unanimously passed.
NEW BUSINESS
Sign Warrants. The Board members signed the warrants.
Approval of Minutes.
Burton Kaplan moved to accept the Public Session minutes of December 17, 2008 as amended; Kalliope Egloff seconded this motion; and it was unanimously approved.
Lucy Burton stated that there will be a hold placed on approval of the December 17th Executive Session minutes until all legal action related to these minutes is resolved.
108 Fells Pond Road
December 29, 2008, memo from Veronica Warden, Assistant Health Agent, detailing non-compliance issues at this property, is attached (Attachment 3).
John and Janice Salvatore, the property owners, appeared. Mr. Salvatore addressed the Board and said it had been a surprise to them to learn that the property did not meet the Building Department and BOH requirements. He said the matter surfaced when they were preparing to sell the property. They are having the closing on the property tomorrow. He said they had a new contractor do the necessary work to bring the building back into compliance at a cost to them of thousands of dollars. In addition, he said they’ve had to make additional financial concessions to the buyer because of the changes made to the building. Glen Harrington confirmed that the house is now a 3-bedroom house.
Lucy Burton thanked Mr. & Mrs. Salvatore for all they did. No other action is necessary at this time.
Lakeside Estates – Renewal Permit for 2009
Glen Harrington informed the Board that Lakeside Estates is 7 months behind in paying their monthly Use Taxes to the Town in the amount of $8,316, and therefore recommended that the Permit not be renewed. He also noted that the operator could be fined $100 per day by the BOH after he is notified in writing.
Motion: Lucy Burton motioned to not issue a renewal permit to Lakeside Estates. Burton Kaplan seconded this motion, and it was unanimously passed.
Amended Motion: Lucy Burton motioned that the previous motion be amended to state that a renewal permit not be issued to Lakeside Estates and that the Board approves that after notice is sent to Lakeside Estates, then fines of $100 per day be imposed on Lakeside Estates until the Use Taxes are paid in full. Burton Kaplan seconded this motion, and it was unanimously passed.
BOH 2010 Budget/2008 Annual Report
Board members reviewed these documents and commended Mr. Harrington on his work on the Annual Report.
Review of 2009 Refuse Hauler Renewal Permits
Glen Harrington submitted to the Board the refuse hauler applications for renewal permits and information provided by the applicants. Glen explained that all applicants were informed of information to be submitted with the application, including requested data on recyclables. Applications for the following were reviewed: Cape Waste, One Point Home Curators, Allied Waste, Pina Sanitation, Waste Management, Casella Waste Services, and Cavossa Disposal.
All applications were incomplete. Glen pointed out that one problem is that recycling is done for several towns so the numbers estimated by town are based on number of customers serviced per town. Kalliope Egloff said that while she understands, nevertheless it is imperative that the hauler take all information requests seriously, particularly regarding recycling, and further, it is unacceptable to submit incomplete applications.
Cavossa Disposal
Catherine Laurent addressed the Board and handed each member a copy of her January 14, 2009 memo to the BOH wherein she provides information to support her recommendation that a 2009 Trash Hauler’s Permit not be issued to Cavossa Disposal at this time, and that Cavossa Disposal be required to attend a BOH “Show Cause” hearing to discuss a question that has arisen as to compliance by Cavossa Disposal with the requirements of their existing permit. A copy of the memo is attached (Attachment 4).
During the review and discussion of the hauler applications for renewal permits, the following points were addressed:
· First step: have applicants comply within a specified period of time, i.e., within a 14-day period
· BOH members were disturbed that the Town has to pay $8,190.12 due to noncompliance issues
· If there is noncompliance by a hauler, then a fine can be imposed because it is a violation
Conclusions:
· Notify all applicants they need to comply with completed applications within 14 days
· Invite Cavossa Disposal to the next BOH meeting for a “Show Cause” hearing
· No refuse hauler applications were approved
OLD BUSINESS
Manicure Regulation
The question of home salons was raised by Mr. Harrington. The question remains as to whether or not to allow home manicuring salons. Discussion took place regarding this topic and the Board members decided to continue with a Public Hearing in February and make a final decision after the Public Hearing.
Recycling Regulation and Enforcement
Brief discussion took place regarding changes to be made to the Recycling Regulation. It was agreed that changes need to be made. However, it was also agreed that more information and knowledge will be available within the next few weeks which will impact the future of the regulation.
Landfill Monitoring Report
Discussion took place regarding the most recent landfill monitoring report. Mr. Kaplan indicated some concern regarding the two wells which are still in need of repair. Mr. Harrington indicated that he would have to go to the Finance Committee to see if there were funds available for these necessary repairs.
The next meeting of the Board of Health is scheduled for Wednesday, January 28, 2009 at 7:00 PM in the Town Hall Conference Room 3. As there was no further business, the meeting was adjourned at 9:15 PM.
Respectfully submitted,
Jean Giliberti
Acting Recording Secretary for
Ina G. Schlobohm, Recording Secretary
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