TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, January 28, 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 – Cavossa Disposal, Inc. – “Show Cause” Hearing
Glen Harrington reported that the BOH had postponed the “Show Cause” hearing until after a scheduled meeting on 2/13/09 had taken place with Joyce Mason, Catherine Laurent, Town Counsel, Glen Harrington, Lucy Burton and Carl Cavossa in attendance. Glen Harrington stated that he preferred first to have all parties get together to discuss the issues related to the reported Cavossa 2008 Hauler’s Permit violations, and then inform the BOH of the outcome of the meeting prior to the next BOH consideration of the matter. Glen stated that he had notified Carl Cavossa via email that tonight’s scheduled “Show Cause” hearing had been postponed.
Carl Cavossa of Cavossa Disposal, Inc., and Bill Sullivan, also with Cavossa Disposal, Inc., introduced themselves. Carl Cavossa stated that he was not aware that the Show Cause hearing had been postponed, and therefore had come to the meeting tonight prepared to address the violation issues presented by the DPW. Carl Cavossa stated that since he was here, the meeting might just as well take place tonight. Glen Harrington stated that the BOH was not going to take any action tonight, and would not take any action until after the above-referenced Feb. 13th, ’09 meeting had taken place.
At issue is the position taken by Catherine Laurent, Director of the DPW, that Cavossa Disposal, Inc. is not complying with the requirement of its Mashpee Waste Hauler’s permit to report its tipping tonnage at the UCRTS for billing purposes. Catherine Laurent has stated that while providing trash and recycling service to the largest commercial development in Mashpee as well as other customers, Cavossa Disposal’s use of the UCRTS has been both sporadic and nonexistent. During four months of 2008, no waste was tipped, and during the other eight months, the weight ranged from a high of 29.39 tons to a low of 2.63 tons. Catherine Laurent feels that Cavossa Disposal therefore either ceased collecting solid waste at times throughout the year, or is in violation of its Mashpee Hauler’s Permit. For
this reason, Catherine Laurent recommended to the BOH that a Cavossa Disposal Inc. Hauler’s Permit for 2009 not be issued, and that a BOH “Show Cause” hearing be held to discuss the issues surrounding the issue.
Carl Cavossa stated that he had come tonight prepared to address the accusations leveled at Cavossa Disposal Inc. by Catherine Laurent, and added that he felt he had been singled out by the DPW for not complying with the Mashpee Hauler’s Permit requirements. Carl Cavossa stated that all waste haulers permitted in Mashpee, not just Cavossa Disposal Inc., should be required to defend their compliance with the Waste Hauler’s Permit requirements.
The BOH agreed to defer any action taken on renewal of the Cavossa Disposal, Inc. Waste Hauler’s Permit for 2009 until after the above-referenced meeting scheduled for February 13, 2009.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session Minutes: January 14, 2009
A motion was made, seconded and passed to approve, as amended, the Public Session minutes of January 14, 2009.
3. Request for 2009 Food Establishment Permit: Wicked Restaurant, Inc.
Glen Harrington stated that he had reviewed the 2009 Food Establishment Permit application and the floor plan, submitted by Robert Catania, owner of the proposed new restaurant located at 35G South Street in South Cape Village. The BOH has not yet received a copy of the Wicked Restaurant menu. Glen Harrington stated that Mr. Catania hopes to open the restaurant in March of 2009.
Lucy Burton made a motion to approve the 2009 Food Establishment Permit Application for the Wicked Restaurant, Inc., submitted by Robert Catania, pending receipt of a copy of the menu, and Board of Health inspection prior to opening of the restaurant. Burton Kaplan seconded the motion. All approved.
4. Request for Review and Signature of Mutual Aid Agreeement
Glen Harrington distributed to the Board members a copy of the Mutual Aid Agreement among Public Health Agencies in Emergency Preparedness Region 5b. Glen Harrington stated that the agreement is entered into by and between the public health agencies of the following cities and towns: Barnstable, Bourne, Brewster, Chatham, Dennis, Eastham, Falmouth, Harwich, Mashpee, Orleans, Provincetown, Sandwich, Truro, Wellfleet, Yarmouth, Aquinnah, Chilmark, Edgartown, Gosnold, Oak Bluffs, Tisbury, West Tisbury, and Nantucket.
Discussion and review of the document by the Board members followed.
Lucy Burton made a motion to approve Mashpee’s entering into the Mutual Aid Agreement Kalliope Egloff seconded the motion. All approved. The Board members signed and dated the Mutual Aid Agreement.
5. Request for Review of 2009 Refuse Hauler Renewal Permits
Glen Harrington reported that the Board of Health had received seven Refuse Hauler Renewal Permit applications for 2009 from the following companies: Cassella Waste Services, Waste Management, Allied Waste Services, Pina Sanitation Services, Cape Waste, One Pointe Home Curators, Inc., and Macomber’s Sanitary Refuse Company.
· Cassella Waste Services. Glen Harrington stated that Cassella Waste Services had supplied all the requested information, and had fulfilled all application requirements for a 2009 permit renewal.
Kalliope Egloff made a motion that the Board of Health approve the 2009 Refuse Hauler Renewal Permit application submitted by Cassella Waste Services. Burton Kaplan seconded the motion. All approved.
· Waste Management. Glen Harrington stated that Waste Management had supplied all the requested information, and had fulfilled all application requirements for a 2009 permit renewal.
Kalliope Egloff made a motion that the Board of Health approve the 2009 Refuse Hauler Renewal Permit application submitted by Waste Management. Burton Kaplan seconded the motion. All approved.
· Allied Waste Services. Glen Harrington stated that Allied Waste Services had supplied all the requested information, and had fulfilled all application requirements for a 2009 permit renewal. Glen Harrington noted that there had been a complaint received from an Allied Waste Services customer that the company did not offer a flat fee, but charged an extra fee for offering recycling service in addition to trash pickup.
Burton Kaplan made a motion that the Board of Health approve the 2009 Refuse Hauler Renewal Permit application submitted by Allied Waste Services. Kalliope Egloff seconded the motion. All approved.
· Pina Sanitation Services. Glen Harrington stated that the application submitted by Pina Sanitation Services was incomplete.
Lucy Burton made a motion to deny the 2009 Refuse Hauler Renewal Permit application submitted by Pina Sanitation Services, with the stipulation that if/when Pina provides all the requested information and has fulfilled all application requirements for a 2009 Renewal Permit, the Health Agent shall be authorized to issue the 2009 permit to Pina Sanitation Services. Burton Kaplan seconded the motion. All approved.
· Cape Waste. Glen Harrington stated that Cape Waste had supplied all the requested information and had fulfilled all application requirements for a 2009 permit renewal.
Burton Kaplan made a motion that the Board of Health approve the 2009 Refuse Hauler Renewal Permit application submitted by Cape Waste. Kalliope Egloff seconded the motion. All approved.
· One Pointe Home Curators, Inc. Glen Harrington reported that One Pointe Home Curators, Inc. services New Seabury residents exclusively, and offers only trash pickup at this time, but that they had hired James Vaccaro as a consultant to assist them in setting up a recycling program.
Lucy Burton made a motion to deny the 2009 Refuse Hauler Renewal Permit application submitted by One Pointe Home Curators Inc., with the stipulation that if/when One Pointe Home Curators, Inc. provides all the requested information and has fulfilled all application requirements for a 2009 Renewal Permit, the Health Agent shall be authorized to issue the 2009 permit to One Pointe Home Curators, Inc. Burton Kaplan seconded the motion. All approved.
· Macomber’s Sanitary Refuse Company. Glen Harrington reported that the application for a 2009 Refuse Hauler Renewal Permit submitted by Macomber’s Sanitary Refuse Company was incomplete.
Lucy Burton made a motion to deny the 2009 Refuse Hauler Renewal Permit application submitted by Macomber’s Sanitary Refuse Company, with the stipulation that if/when Macomber’s Sanitary Refuse Company provides all the requested information and has fulfilled all application requirements for a 2009 Refuse Hauler Renewal Permit, the Health Agent shall be authorized to issue the 2009 Refuse Hauler Renewal Permit application to Macomber’s Sanitary Refuse Company. Burton Kaplan seconded the motion. All approved.
OLD BUSINESS
1. 39 Otis Trailer Village – Kennel Application.
Glen Harrington stated that he had reviewed the Kennel License Application received from Joan Martin and Martha Hopkins of 39 Otis Trailer Village. Glen Harrington stated that a site plan review has been set up, and the abutters notified. Glen Harrington recommended approval of the kennel application, subject to inspection of the kennel by the Health Agent, and completion of the cleanup of the unsanitary conditions at 39 Otis Trailer Village within 30 days of receipt of USDA funds, and a follow-up sanitary inspection by the Health Agent.
Burton Kaplan made a motion that the BOH approve the Kennel Application submitted by Joan Martin and Martha Hopkins of 39 Otis Village, pending kennel inspection by the Health Agent, completion of the cleanup of the unsanitary conditions at 39 Otis Trailer Village within 30 days of receipt of USDA funds and a follow-up sanitary inspection by the Health Agent. Kalliope Egloff seconded the motion. Lucy Burton opposed. The motion carried.
2. Draft Nail Salon Regulation. Glen Harrington stated that a public hearing will be held at the Board of Health meeting on Wednesday, February 11, 2009, regarding BOH regulations relevant to Nail Salons. Glen Harrington stated that he will notify Brian Kehrl, reporter for the Mashpee Enterprise, of the public hearing and request that a write-up on the public hearing be published in the Mashpee Enterprise no less than two days prior to the 2/11/09 BOH meeting.
3. Willowbend – 184-186 Quinaquisset Avenue. Glen Harrington stated that he did not know whether the buildings at 184-186 Quinaquisset Ave. had been torn down as yet, but will contact Randi Regan to follow up on the matter.
4. FY ’09 Budget. Glen Harrington reported that he had not received any feedback from the Town Manager regarding the FY ‘09 budget submitted by the BOH.
5. 176 Daniels Island. Glen Harrington stated that he will follow up on the situation at 176 Daniels Island.
DISCUSSION
1. Recycling Regulation and Enforcement.
Glen Harrington distributed copies to the Board of the latest draft of the BOH Recycling Regulation. Discussion followed, with additions and corrections made to the document.
Glen Harrington will revise the document to include the requested changes, and will present an updated draft to the Board for review at the next BOH meeting.
Burton Kaplan made a motion that a separate recycling permit fee be charged to haulers who are offering recycling pickup service only. Lucy Burton seconded the motion. All approved.
2. Draft Manufactured Housing Community/Mobile Home Park Community Regulations
Glen Harrington distributed copies of the Manufactured Housing Community/Mobile Home Park Community Regulations document to the Board, and stated that he was asking for BOH permission to send the document to Town Counsel for review.
The Board agreed that Glen Harrington should not submit the document to Town Counsel for review until the BOH members had completed their own review.
The next meeting of the Board of Health is scheduled for Wednesday, February 11, 2009, at 7:00 PM at Town Hall in Conference Room 3. As there was no further business, the meeting was adjourned at 9:40 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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