Town of Mashpee
Board of Health – Public Session
Minutes of Meeting
May 27, 2009
Board Members Present: Chairman Lucy Burton, Co-Chair Burton Kaplan, Clerk Kalliope Egloff
Also Present: Glen Harrington, Health Agent
Ms. Burton called the meeting to order at 7:10 pm.
APPOINTMENTS
7:15 – Public Hearing – Draft Recycling Regulation
Ed and Sheila Macomber, owners of Macomber’s Sanitary Refuse Company, introduced themselves to the meeting. Mr. Macomber indicated that his company has always offered recycling, but that only 4 of his 45 customers in Mashpee are recycling. The Macombers expressed concern about the regulation as it relates to the small size of their business, the need to increase costs to the customer and the risk of losing their current customers or recruiting new customers. Ms. Macomber noted that although tipping fees for recycling may be minimal, other associated costs for trucks, personnel and insurance require an increase. Ms. Burton emphasized that all haulers must adhere to the regulations to which Mr. Macomber stated that enforcement is needed to ensure compliance. Mr. Macomber stated that in
Yarmouth, they raised rates, provided the recycling bins and found that half of his customers still did not recycle. Ms. Burton stated that, with the new regulation, all 45 of the Macombers customers will be required to recycle. Mr. Kaplan questioned why the Macombers felt that they did not have more customers in Mashpee after 10 years of business, to which Mr. Macomber responded that he believed many residents choose to utilize the transfer station. Mr. Macomber feels that the haulers can not enforce the regulation, but that they can offer the service. Ms. Egloff stated that the Board is aware that recycling success will not occur overnight and that many residents are unaware of the State waste ban against certain materials being thrown in the trash. The Board wishes to educate customers by including information about recycling within their bills and reminding customers about the State and Town regulations.
Ms. Egloff emphasized that it will take time and education to encourage people to recycle. Mr. Kaplan added that the town supports the regulations and that people need to know that recycling is not optional and that trash haulers and residents will be fined. Mr. Macomber transports 3 barrels of recyclables every other week to the transfer station, because of the cost to transport it off Cape, and indicated that they have been unable to collect receipts. Ms. Egloff indicated that the issue is being resolved with the Department of Public Works. Permits have been denied to haulers who are not recycling and will be denied if they do not comply with the regulation. Some licenses were withheld this year and companies have been fined for non-compliance.
Sheldon Gilbert of 20 Stratford Ridge initiated a recycling program in his condominium development. Mr. Gilbert stated that the condominium’s trash hauler appreciated that a condo representative initiated the recycling program, which resulted in savings for the hauler as the amount of trash was reduced, which was created by a major information campaign. Mr. Gilbert noted that they had one trash hauler for 152 residents. Mr. Gilbert stated that residents need to have an incentive to recycle, and knowledge about the costs of recycling or not recycling. The Health Agent, Glen Harrington, added that when the contract for SEMASS is renewed, the cost per ton could increase from $39 to $100 for residential trash. The increased cost will emphasize the need for recycling. Mr. Gilbert
recommended coordinating a trial program for Pay-As-You-Throw on a smaller scale to motivate residents to recycle.
Nikki Descouteaux of Wading Place Road and the Recycling Committees of New Seabury and Mashpee addressed the Board. Ms. Descouteaux recommended Glenn Santos, Barnstable DPW, as a resource to discuss a Pay-As-You-Throw pilot program conducted in Barnstable. In addition, Ms. Descouteaux emphasized that the recent vote was a non-binding referendum and noted that the Board of Selectmen are still considering various options. A hearing held at New Seabury resulted in an informal vote favoring Pay-As-You-Throw with curb side as a second choice. Ms. Descouteaux suggested that educating the public is critical for success and noted that DWP Director Catherine Laurent has costs for Transfer Station permit fees calculated up to 2014, which may allow residents to clearly see the impact. The Recycling
Committee and the DPW are drafting an informational postcard to be distributed to residents and it was suggested that the Board of Health and Board of Selectman work with the haulers to provide a similar postcard. Regarding enforcement, Ms. Descouteaux agrees that it is critical and suggested that the Board of Selectmen’s committee created to identify a plan for future disposal in Mashpee should also include suggestions on how to accomplish enforcement.
Mr. Kaplan added that everyone needs to be reminded that recycling is not optional. Mr. Kaplan emphasized that trash haulers must adhere to the flat fee policy that does not allow for separate charges for trash pick up and recycling. Regarding the Regulations, Board members intended to consider public input and anticipated greater attendance at tonight’s hearing. Ms. Egloff emphasized that recycling efforts will be long term but recycling can be increased now through educating the public and hopes that haulers will be part of the conversation with their customers. Recycling is required by the State and by the Town and the Board of Health will stand behind the efforts of haulers to encourage their customers to recycle. Board members are seeking a paradigm shift in regard to recycling in
Mashpee.
In terms of educating residents, Mr. Gilbert suggested that the Board consider initially focusing on such bulk items as newspapers, glass or magazines/catalogs to which Mr. Kaplan agreed. Ms. Egloff confirmed that the Regulation require glass, all paper, metal containers and #1-#7 plastics. Ms. Descouteaux suggested that educational materials include a photo of an object and the number of years it would take to deteriorate. Ms. Descouteaux also suggested that the haulers be given a simple check off sheet to indicate if the customer recycled during that pickup as a means of enforcement. The town or Board of Health could then follow up with a personal letter reminding the resident of the Recycling Regulation. Ms. Egloff further emphasized her support to educate over the long term before issuing
a fine of up to $300. The Board agreed that the maximum $300 fine would be appropriate for egregious cases. Mr. Gilbert noted that a postcard sent from the DPW resulted in an increase in recycling and further stated that the greatest challenge in educating the public would be among the single family homeowners. Condominiums seem to have greater success in recycling and Mr. Gilbert confirmed that his Association increased recycling from 0% to 40%. Mr. Kaplan suggested focusing on the condominium complexes, which occurred in Yarmouth. Ms. Egloff noted that people in the community talking about the ease of recycling will encourage others to recycle. Ms. Burton added that the role of “Recycling Coordinators” at the hauling businesses would be critical to reaching out to the customers and managing the education of the customers. The person will also be a contact for the Board of Health as companies proceed through the permitting
process.
Ms. Burton stated that Selectmen had also discussed the use of clear bags at the Transfer Station so that trash could be monitored for recyclables more easily and provides the opportunity to further educate customers. Mr. Macomber added that residents would have an advantage at the transfer station with the Pay-As-You-Throw option which provides an incentive to recycle. However, Mr. Macomber is unable to offer a similar incentive to his customers because it is costly to continue to sort and pick up unless recycling increases and trash decreases. The Board discussed the referendum vote and whether or not sufficient information was provided to voters that accurately reflected future costs including the reduction of costs if more people recycled. Another mailing of the re-designed postcards was discussed
and Ms. Descouteaux recommended contacting Ms. Laurent if any additional changes to the text would be needed.
Mr. Harrington suggested comparing information provided by New Seabury regarding the proposed hauler recycling fee estimated at $10-$13 per household to the “pay-as-you-throw,” curbside pickup and transfer station fee costs. Mr. Harrington further stated that customers of the private haulers are the only ones who will see the increased costs for the service at this point. Mr. Kaplan added that the numbers of residents who contract with haulers compared to the number of residents who go to the transfer station is unknown. Ms. Descouteaux indicated that New Seabury has that information for approximately 1500 homes from a December 2008 survey.
With no further comments from the public, the Board continued with their agenda.
8:15 – Robert Catania – Wicked FK Pizza – Food Code Violation
The appointment is continued until the next meeting at the request of Mr. Cantania.
8:30 – William Weber – Title V Violations
Mr. Harrington stated that Mr. Weber was issued a “show cause” letter due to Title V violations that occurred at 27 Huron Ave. Jack Landers-Cauley was the engineer of record for the septic design and a letter from him was faxed today. Mr. Harrington stated that Mr. Weber received his 2009 Installer’s License on May 18. The Certificate of Compliance has been issued for 27 Huron Ave. since the engineer submitted revised plans depicting the installed septic systems and certification of the system. Mr. Weber provided the “as built” cards and Mr. Harrington completed the final inspection with certification. The violations that occurred during the process: 1) operating without a permit to install and 2) installing without a disposal system construction permit. The check and application had been sent, but since two sets of revisions were received requiring review, the second set of plans, dated November 23, were never received so the permit was not issued. Mr. Harrington stated
that the system was installed, changing the leaching field due to site conditions, necessitating additional revisions to the plan by the engineer in order to be certified. Mr. Weber is unclear about what happened to the missing sets of plans and indicated that when he was looking for the permit around Thanksgiving, the engineer indicated that more revisions were necessary, and that he would take care of it. Mr. Weber was only aware of the two sets of plans, not all four. Mr. Weber contacted the Board of Health when he was unable to locate the “as built” cards and learned that the permit had not been issued. Mr. Weber further stated that when he went to find the 4th set of plans from the engineer, it was discovered that the plans had been misfiled. The plans were re-drawn to reflect the installation and changed to a 2 foot tall system. Mr. Weber added that he has been licensed in Mashpee for 22 years and has had no previous
issues, which Mr. Harrington confirmed. When asked, Mr. Weber stated that he was busy focusing on the job and overlooked acquiring the 2009 license. Regarding precedence for installing without a license or septic permit first offense, Mr. Harrington sited cases where no action was taken, a warning issued or a limited timeline was available to get the permit. Mr. Kaplan was surprised Mr. Weber would overlook getting his permit and Ms. Egloff was reluctant to set a precedence. Mr. Harrington has no recommendation but expressed concern about the change to the leaching field without consulting with the engineer or Board of Health. Mr. Weber insisted that he did consult with the engineer who indicated that it would be a minor change, but that he should have contacted Mr. Harrington. Ms. Burton agrees that Mr. Weber has worked in Mashpee for a long time and that the situation has worked out and recommends a warning be issued and any future violations
result in a fine because there were three violations. Board members clarified that the warning would be part of Mr. Weber’s file and that a second violation would incur a fine.
Motion made by Ms. Burton to issue a warning to William Weber for septic licensing and installation violations. Any future violations would incur fines. Motion seconded by Ms. Egloff. All voted unanimously.
NEW BUSINESS
1. Sign Warrants: Members of the Board signed two warrants.
2. Approve Public Session Minutes: 4/29/09
Mr. Burton suggested a change to the minutes on page 4, in the 7th line so that the sentence reads: “Lucy Burton recommended that the Board members familiarize themselves with the Town of Mashpee Local Influenza Pandemic Planning Information Manual.”
Motion made by Mr. Kaplan to approve the minutes from the 4/29/09 Public Session as amended. Motion seconded by Ms. Egloff. All voted unanimously.
3. Request for 2009 Food Establishment Permit: Sprinklez-34 South Street (formerly Emack & Bolios)
Ms. Burton questioned whether or not previous owner Joseph Anastos was still the owner or Person In Charge (PIC) of the new business, Sprinklez. Mr. Harrington clarified that the Bertellettis of Sprinklez had requested that Mr. Anastos open the current business early in anticipation of the Bertellettis’ purchase of the business, when they would then re-permit the business under their own name. Mr. Anastos will continue to hold on to the Emack & Bolios franchise, since he also has a location in Popponessett Marketplace. The Person In Charge at Sprinklez will be David Berteletti; however, Mr. Anastos will remain the Person In Charge until the new owners receive their Serv Safe Certificate. Mr. Kaplan questioned the need for a menu to which Mr. Harrington responded that the menu would remain
the same, using another manufacturer. Ms. Egloff inquired about soft serve ice cream to which Mr. Harrington responded that only hard ice cream would be available. Ms. Burton asked if there was a timeline for when the new owners would acquire their Serv Safe Certificate to which Mr. Harrington responded that he was not in receipt of that information.
Motion made by Mr. Kaplan to approve the application subject to receiving the appropriate Serv Safe Certificate. Motion seconded by Ms. Egloff.
Ms. Burton asked to modify the motion to include a timeframe for acquiring the Serv Safe Certificate. Ms. Egloff indicated that it would be offered on June 3 in Bourne. Ms. Burton recommended that the transfer be complete by June 20.
Motion made by Mr. Kaplan to approve the application subject to receiving the appropriate Serv Safe Certificate by June 20. Motion seconded by Ms. Egloff. All voted unanimously.
4. Request for Fee Waiver: Mama Stella’s Residential Kitchen
Robert Barrett has submitted a letter explaining the circumstances under which he renewed his Residential Kitchen License late and requested that he not incur additional fines. His letter further states that his product is made only two times per year. Mr. Harrington recommended that the Board consider lowering the Residential Kitchen License fee to $50, noting that there is only one in town and it is a very short inspection visit.
Motion made by Ms. Burton to revise the 2009 fee structure to make the Residential Kitchen Annual Permit License $50. Motion seconded by Ms. Egloff. All voted unanimously.
5. Request for 2009 Mobile Food Permit & Fee Waiver: Mashpee Boosters Club
It was noted that the Mashpee Boosters Club has submitted their Federal Tax I.D. number but have not submitted their Serv Safe Certificate or proof of 501(c)3. Mr. Harrington indicated that Gus Stickley, Vice President of Mashpee Boosters, has a Serv Safe Certificate on file from 2008. It was requested that Mr. Harrington request the 501(c)3. Mr. Harrington further stated that a waiver was not requested last year but that a waiver was granted in previous years. The Annual Mashpee Town Picnic will be held on July 1; the Mashpee Boosters plan to use their “Flying Falcon” mobile cart at the picnic. Mr. Kaplan suggested allowing the organization five weeks to submit proof of their 501(c)3.
Motion made by Mr. Kaplan to approve the application subject to receipt of evidence of being a 501(c)3 non-profit organization and Health Agent inspection. Motion seconded by Ms. Egloff. All voted unanimously.
6. Request for 2009 Mobile Food Permit: Sandy’s Hot Dogs
Sandra Kennedy has submitted a request for a 2009 Mobile Food Permit, with the business being located at Mashpee Commons. Ms. Kennedy has signed up for the Serv Safe class but will not have the unit until after the class is completed. Hot and cold water is available on the unit to allow for hand washing. Mr. Kaplan questioned the open hours of 7 days, 8-6, to which Mr. Harrington responded that her intent was to keep her options open.
Motion made by Mr. Kaplan to recommend approval of the application submitted by Sandy’s Hot Dogs subject to her providing Serv Safe certification prior to opening the business and pending inspection. Motion seconded by Ms. Egloff. All voted unanimously.
OLD BUSINESS
1. Kennel Application: 225 Ashumet Road (continued from March 25)
Detailed plans submitted by the applicant, to include the stockade fence and other construction, was distributed to Board members. Mr. Harrington was also in receipt of information related to zoning that has been submitted to the Building Inspector. The site plan review meeting is scheduled for the next morning, May 28, 2009 with Town Counsel in attendance. Board members discussed the conditions to be considered for the proposal. Upon review of the plan submitted, Board members questioned the location and height of the chain link fence and the ability to prevent dogs from getting out.
Motion made by Mr. Kaplan to continue hearing. Motion seconded by Ms. Egloff. All voted unanimously.
2. Review of Draft of Manufactured Housing Regulation
Mr. Harrington stated that he added sections B.3. and D.2. Board members reviewed the draft and suggested additional changes. Ms. Egloff questioned the two manufactured communities and whether or not their design adheres to these regulations. It was clarified that the regulation is not retroactive however some aspects of the regulation will apply to existing communities. Interest was expressed in compiling a list of the elements from the regulation that would apply to existing communities in an effort to determine the impact. It was stated that everything listed under section I. will apply to the existing communities. Mr. Harrington will revise the draft and distribute it to all members by email for review along with a list of the regulation components applying to existing
communities.
3. Sea Oaks Condominium Septic Inspections - Failures
Mr. Harrington indicated that the issue surrounding Sea Oaks was whether or not DEP had jurisdiction. Tom Moriarty and Pat Brady, of Marcus, Errico, Emmer & Brooks who represent the condominium, suggested that the septic failures are due to violations of a Board of Health regulation so DEP can not take jurisdiction. The Board of Health had requested that the Health Agent speak with Brian Dudley regarding whether or not the DEP wished to take over jurisdiction since the property exceeds 10,000 gallons per day and also whether or not the Acts of 1996 apply. Mr. Dudley confirmed that the Acts of 1996 do apply so the condominium is exempt from the aggregate portion of Title V; the property in aggregate is not over 10,000 gallons a day, each building is treated as a separate property. Mr. Dudley
further concurred with the attorneys’ rule of law that was cited, keeping the issue within Mashpee Board of Health jurisdiction. Mr. Harrington indicated that each building has approximately 12 bedrooms which results in over 600 gallons per day and questioned whether or not the 600 GPD Regulation requires that denitrification systems be installed for each of the buildings.
Mr. Kaplan questioned when the last inspection occurred to which Mr. Harrington responded that it was last inspected on 9/10/08, but it was not pumped at that time. Mr. Kaplan questioned the three year certification and it being subject to annual pumping. Peg Thompson, Property Manager for Sea Oaks, confirmed that the systems were inspected every three years but pumping occurred each year in half of the complex. The entire complex was pumped last summer. Mr. Harrington stated that there is no required pumping regulation for 5 units or more condominium complexes.
Mr. Kaplan questioned the cost of a denitrification system for one building to which Mr. Harrington estimated to be $15,000-$25,000. Mr. Harrington also stated that both the bull run valve and reserve leaching had failed and no work had been completed yet. The cost to repair the system without adding denitrification could range from $10,000 to $15,000. Board members discussed the possibility of changes to the 600 GPD Regulation, which has been previously discussed. Mr. Harrington recommended that the Board of Health allow a Title V repair in the case of an emergency while the 600 GPD Regulation is being considered. Mr. Harrington also recommended working with Sea Oaks to investigate the cost of putting denitrification systems on each building in the future. Additionally, he suggested
the possibility of setting aside funds to be used if sewers become available. Mr. Harrington further expressed concern about people who invest in AI units for their property, but who may be asked at a later date to fund a connection to a sewer line. Board members discussed the means by which future sewer lines would be funded such as through betterments or capital investment. It was also discussed that the Board of Health can mandate hooking up to a municipal sewer line.
Ms. Burton questioned allowing the Title V repair, knowing that the 600 GPD Regulation may be revised, and whether or not it would contradict past decisions made. The Board discussed the timeliness of re-drafting the 600 GPD Regulation and Mr. Harrington stated that it would require 2 consecutive weeks of public notice in the paper. Mr. Harrington added that re-drafting the document should not take too long. The Board also discussed when municipal sewer lines might be available and Mr. Harrington added that the EPA is likely to shorten the time frame. Ms. Egloff feels that the Board should not operate under the assumption that the sewer lines would be in place anytime soon and that systems need to be sanitary and denitrification may not be the answer. Ms. Egloff feels that fixing the system
to Title V standards is reasonable. Mr. Harrington added that Bayside Development of Barnstable has agreed to tie in Harborside Healthcare to Cotuit Meadows as part of their nitrogen credits for the Cape Cod Commission and the State. Mr. Harrington questioned whether or not Sea Oaks could also be included with the tie in. Mr. Kaplan questioned who would pay for the interior plumbing and Mr. Harrington indicated that he would follow up with Matt Eddy, Cotuit Meadows treatment plant engineer, to investigate further.
Motion made by Ms. Burton to allow Sea Oaks Condominium to repair Building 17’s septic system with a Title V repair subject to receipt and approval of engineered plans. Motion seconded by Ms. Egloff. All voted unanimously.
DISCUSSION
Swine Flu Update
Mr. Harrington notified the Board that the list has been shortened of individuals being tested, which is being limited to anyone with complications requiring hospitalization. A few suspected cases have been identified in Barnstable, with no hospitalizations. The Board commended Mr. Harrington for his efforts in organizing and distributing information about the Swine Flu. School nurses have been providing Mr. Harrington with updates and notifying him of influenza like illnesses. Mr. Kaplan questioned the type of communication available to Mr. Harrington in case of emergency situations. Mr. Harrington responded that 800 megahertz radios are now in use for all emergency responders. Training has occurred and all know how to properly utilize the radios.
Smoking Regulation
The smoking regulation has been approved but not yet signed. It has not yet appeared in the newspaper.
Motion made by Ms. Burton to adjourn at 10 pm. Motion seconded by Mr. Kaplan. All voted unanimously.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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