TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC MEETING
Minutes of the Meeting of Wednesday, Nov. 4, 2009
Board Members Present: Also Present:
Burton Kaplan, Chairman Glen Harrington, Health Agent
Kalliope Egloff, Co-Chairman
Lucy Burton, Clerk
Chairman Burton Kaplan called the meeting to order at 7:05 PM.
NEW BUSINESS
1. Sign Warrant. Board members signed the warrant.
2. Mike Wilson – 12 Rock Island Road
Michael Wilson introduced himself to the Board, stating that he had purchased a home last July at 12 Rock Island Road in New Seabury. On July 22, 2009, the Board of Health approved an enforceable variance agreement for the Wilsons, with the condition that Title V design plans should be submitted and approved by the BOH, and the existing dwelling should be razed by Dec. 1, 2009. The closing date for the property was scheduled for 8/05/09, but the actual closing did not take place until 10/30/09 because the sellers were unable to cure a title defect during the 30-day extension period. The result of the problem was an 85-day delay in the closing date. Mr. Wilson was now requesting an extension of the enforceable agreement equal to the delay in their closing date, i.e., until February 24, 2010. Elizabeth McNichols,
attorney for the Wilsons, stated in a letter to the Board of Health dated 11/02/09 that the Wilsons will immediately sign the appropriate enforceable agreement reflecting the new conditions.
Lucy Burton commented that the Board had never before granted an exception to an enforceable agreement, stating that this would be a very rare occurrence, due to the unusual circumstances involved. Lucy Burton stated further that it must be understood that there would be no additional extensions to the amended enforceable agreement.
Lucy Burton made a motion that the Board approve the 85-day extension for approval of Title V septic design plans for 12 Rock Island Road and for the razing of the existing dwelling, with 7 days to revise the original enforceable agreement approved by the BOH on 7/22/09. Kalliope Egloff seconded the motion. All approved.
3. Approve Public Session Minutes of 10/14/09.
Lucy Burton made a motion to approve as amended the minutes for the Board of Health meeting held on 10/14/09. Kalliope Egloff seconded the motion. All approved.
4. Title V Violations: 14 Seconsett Point Road
Glen Harrington stated that on Sept. 28, 2009 a certified order letter from the BOH was forwarded to Mr.& Mrs. Federico, owners of the property at14 Seconsett Point Road, stating that they should retain the services of a Licensed Professional Engineer or Registered Sanitarian to prepare a design plan for the septic system repair within 14 days from receipt of the letter and to pump the septic tank within 24 hours with notification to the BOH at that time. The Federicos were also instructed to retain the services of a Mashpee licensed septic installer to install the septic system within 45 days of plan approval. Glen Harrington stated that as of 10/30/09 the Board had heard nothing from the Federicos but noted that the BOH certified 9/28/09 letter had been picked up. In a draft BOH letter composed by Glen Harrington to be
dated 10/30/09 but not yet mailed, the Federicos would be informed that as of 10/30/09, they would be fined $500 per day which would accrue until the design plan is submitted to the Board of Health. Glen Harrington asked for Board guidance on the amount of the fine to be imposed, and the date the accrual of the fine should commence.
After discussion, on a motion by Lucy Burton, seconded by Kalliope Egloff, the Board unanimously voted to set the fine at $200 per day starting October 16, 2009, the date the 9/28/09 BOH certified letter was received by the Federicos.
OLD BUSINESS
1. Draft Recycling Regulation
Glen Harrington distributed copies of the latest draft of the Recycling Regulation, for review and approval by the Board at the next BOH meeting. There was discussion here on how to encourage small business owners in their recycling efforts. Further revisions were made by the Board. Glen Harrington will revise the draft with the recommended changes, for approval by the Board at the next meeting.
Glen Harrington reported on discussion held at the last recycling subcommittee meeting. There were some recommendations on ranges, delays and a transition period. Originally they were looking for a one year transition period, which would implement a prorated enforcement, and would be fully implemented by the end of 2010. Glen Harrington agreed on a recommendation for implementation by May 1, 2010 for commercial properties and condominiums, with full enforcement by the end of the year 2010. The Board agreed that having condo recycling contact was required. After further discussion, the Board agreed to set January 1, 2010 as the date to begin implementation of the Recycling Regulation, to be in full effect by May 1, 2010.
Glen Harrington reported that Catherine Laurent was working on implementation of a system whereby smaller commercial haulers such as One Pointe, Macomber and Pina could use the Mashpee Transfer Station for disposal of their recycled materials.
2. Draft Manufactured Home Regulation
Lucy Burton made a motion to approve the Town of Mashpee Board of Health Manufactured Housing Community/Mobile Home Park Community Regulation as of 11/04/09. Kalliope Egloff seconded the motion. All approved.
3. Ashumet Road Kennel Inspection – 225 Ashumet Road - FYI
Glen Harrington reported that Veronica Warden had inspected the Ashumet Road Kennel, and observed three dogs at the kennel. Veronica Warden reported that no problems were observed during her inspection.
DISCUSSION
1. New Tobacco Products & Smoking in Mashpee – Update
Glen Harrington distributed a Massachusetts Dept. of Public Health community fact sheet for Mashpee dated 9/28/09. The report states that the smoking rate in the Town of
Mashpee and sales of tobacco to minors are both considerably lower in Mashpee than they are in the state as a whole.
Glen Harrington also reported on the following tobaccoless, smokeless alternative nicotine products described as nicotine delivery devices that are currently available in local retail outlets, but are not covered under the Mashpee BOH Tobacco Regulation:
· Hookah – a water pipe used as a nicotine delivery device.
· Snuff – a container similar to a packet of cards containing tobacco and nicotine equal to 3 to 4 cigarettes per packet. Card can be snuffed or chewed
· E-Cigarette – a nicotine liquid concentrate which does not generate smoke but is inhaled
· Orbs – sold under brand names Ariva and Stonewell – dissolvable tobacco pills that look like TicTac breath mints – are marketed as smoking cessation products
Glen Harrington stated that in order to regulate the above-described products, the BOH would have to rename the current Tobacco Regulation to a tobacco/nicotine delivery device regulation, covering both cigarettes and the above-mentioned products. Glen agreed to study the BOH Tobacco regulation to see how/whether it could be applied to these alternative nicotine products. The Board agreed that although it is important to make the community aware of these products, until Federal and State authorities take a position on these products, action by the Mashpee Board of Health would be fruitless.
2. 48 Fells Pond Road
Glen Harrington stated that there was a complaint from 48 Fells Pond Road about the noise from an abutting septic system blower. In response to previous complaints, the blower had been shut off for a time but was recently restarted. The BOH had asked someone from the Waste Water Treatment Services to come in, as they are the ones who operate the system. Glen Harrington stated that he was told they had insulated the blower with bushes and shrubs to cut down the noise. Glen Harrington visited the property and stated that the shrubs had improved the situation, but had one more recommendation to attenuate the noise which he will put in writing to Waste Water Treatment Services: on the blower, block the side of the blower facing the abutter and install chrome ventilated louvers on a side not facing the abutter to cut
down the noise. The Board decided that at this time the Board does not need to take any further action on the matter.
3. Seasonal & H1N1 Flu Response Update
Glen Harrington reported that the 11/02/09 seasonal flu clinic had been cancelled due to a lack of sufficient vaccine. Another clinic has been planned for the end of November/early December. Glen Harrington stated that Falmouth and Dennis VNA offices are holding clinics by appointment only. The town health agents are the ones who have to determine at what point the VNA stops holding clinics and the town starts distributing the vaccine for the town. Mashpee is hoping to hold afternoon and early evening clinics at K.C. Coombs School and hopes to soon have enough vaccine for children as well as parents.
4. Workshop for Municipal Officials: Solid Waste & Recycling Contracting – FYI
Glen Harrington reported that a free workshop for municipal officials is scheduled for Tuesday, Nov. 17, 2009 at Yarmouth Town Hall, at 9 AM. The workshop is being sponsored by the MA. Dept. of Environmental Protection (MassDEP).
NEXT MEETING The next meeting of the Board of Health is scheduled for 11/18/09, at 7 PM. As there was no further business, the meeting was adjourned at 8:55 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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