TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, December 9, 2009
Board Members Present: Members Absent: Also Present:
Burton Kaplan, Chairman Lucy Burton, Clerk Glen Harrington, Health Agent
Kalliope Egloff, Co-Chairman Catherine Laurent, DPW Director
Chairman Burton Kaplan called the meeting to order at 7:03 PM.
APPOINTMENTS
7:15 PM Mike Borselli, PE - 176 Daniels Island
David Martin, with Falmouth Engineering, representing Mr. and Mrs. Bloom, owners of the property at 176 Daniels Island, introduced himself to the Board.
Glen Harrington reviewed the history of the property at 176 Daniels Island Road. On 11/12/08, Elizabeth McNichols, attorney for Mr. & Mrs. Bloom, came before the BOH, stating that the Blooms were purchasing the property at 176 Daniels Island, and the property had a cesspool which, according to BOH regulation, necessitated the installation of a septic system before the Blooms closed on the property. An enforceable agreement dated 12/05/08 was approved by the BOH, which was created and signed by Glen Harrington and the buyers, the Blooms, who now own the property. Under the terms of the enforceable agreement, the property was to have a septic system installed by 12/05/09. As of 12/09/09, a Title V design plan for the septic system has not yet been presented to the BOH for approval.
David Martin stated that it was through negligence on the part of the Blooms that the timeline for installation of the septic system had expired. Mr. Martin added that the Blooms have never occupied the house at 176 Daniels Island, and since the building has not been occupied for the past year there is no health risk involved at the present time.
Glen Harrington stated that the issue before the Board of Health is the violation by the Blooms of the terms agreed upon in the 12/05/08 enforceable agreement, with an expiration date of 12/05/09.
Kalliope Egloff made a motion in regard to the property at 176 Daniels Island Road, also known as 2 Daniels Island Road, that the BOH require the septic system to be backfilled within 30 days after permitting approval by ConCom, thereby condemning the property; that approval for a septic design plan for the property may be given over the counter (OTC) by Glen Harrington, Health Agent; and that the Blooms are to be fined $500 for violation of the terms of the enforceable agreement dated 12/05/08. Burton Kaplan seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrant. Board members signed the warrant.
2. Approve Public Session Minutes: November 18, 2009
Kalliope Egloff made a motion to approve as amended the minutes of the Board of Health Public Session of 11/18/09. Burton Kaplan seconded the motion. The motion was unanimously approved.
3. Definitive Subdivision Plan Review/Approval: Willowbend Circle, 5 Lots
Glen Harrington distributed to the Board the actual subdivision plan as well as a preliminary subdivision plan for Willowbend Circle, and reviewed the history of the property, officially known as 178,182,184,186 Quinaquisset Avenue. There are several condemned dwellings on the property that is to be subdivided. The preliminary subdivision plan was reviewed by the BOH at its meeting held on February 11, 2009 and was approved with the following three conditions:
1) Storm drainage retention basin must have a subsurface leaching component
2) Properties shall be serviced by the Willowbend sewer system (treatment plant)
3) Building permits shall not be approved until the demolition of all existing structures and septic systems is completed.
Glen Harrington stated that it has been a long process to complete the demolition of the condemned buildings due to a turtle sweep that was required by an Endangered Species and Natural Heritage program. Randi Regan, the representative who handles all permitting on Willowbend properties, reported that the turtle sweep was conducted by an environmental company that went through the property, hand and foot, to ensure that there were no turtles on the property, and installed barriers around the property to prevent turtles from coming onto the property. The turtle sweep was completed in November, 2009.
Kalliope Egloff made a motion that the BOH approve the Baxter Nye engineering survey plan for SV-Willowbend Circle Definitive Subdivision Plan. Burton Kaplan seconded the motion. The motion was unanimously approved.
4. Solid Waste Hauler Compliance Review
Catherine Laurent, Director of DPW, was welcomed to the meeting by the Board.
Glen Harrington reviewed the background on the waste hauler compliance review, stating that he met with Catherine Laurent at the request of the BOH at its meeting on 11/18/09, in order to gain additional information regarding the note received by the BOH from DPW that Mashpee had not delivered any trash to the Upper Cape Regional Transfer Station (UCRTS) for the month of August, 2009. Glen Harrington stated that he and Catherine Laurent went through the list of permitted haulers in Mashpee and their use of the UCRTS in 2009, looking at commercial waste only.
Catherine Laurent reported that Mr. Cavossa failed to report any commercial trash tonnage from July 4th through September 15th of 2009. Board members noted the possibility of trash haulers reporting figures for combined commerciall and residential waste at the UCRTS. The decision would be made by the DPW Director, Catherine Laurent, based on transfer station regulations. Ms. Laurent stated further that although this tonnage loss is far from enough to make up for Mashpee’s 9,000-ton shortfall at SEMASS in 2009, it will definitely be a contributing factor to the $18,000 fine anticipated from SEMASS at the end of the year. Catherine Laurent stated that Mr. Cavossa’s decision not to take the trash to UCRTS was most likely a financial one, since there is a cheaper price per ton to
tip at the Bourne landfill, where his trash probably was taken. Catherine Laurent also made the point that Mr.Cavossa and other Mashpee-permitted waste haulers who do not tip at UCRTS are creating an unfair marketplace because the Mashpee-permitted haulers who are complying with the rules are competing for the same customers.
Catherine Laurent distributed copies of a spread sheet compiled by the DPW, reporting 2009 general recyclables tonnage. Burton Kaplan commented that a similar spreadsheet is needed showing commercial and residential waste tonnage by the waste haulers.
Glen Harrington again reviewed the activities of each of the licensed waste haulers, identifying those who are complying with the BOH regulations, and those who are not.
- Waste Management - is complying
- One Pointe - is complying, but they are still reporting suspect recycling numbers
- Allied Waste – is reporting commercial waste but Glen questions the accuracy of their tonnage reports: the numbers do not reflect the number of large commercial customers they handle
- Cassella – needs to figure out a tonnage percentage that they can account for Mashpee
- Cavossa - did not bring any commercial waste from Mashpee from 7/04/09 through 9/15/09
- Macomber – has 3 commercial accounts and is not reporting commercial waste or recycling
- Pina – has 5 commercial accounts and is not reporting tonnage
Kalliope Egloff made a motion that the Board of Health not issue Mashpee waste hauling permits for 2010 to Cassella, Pina and Macomber for failure to comply with conditions of their 2009 permits, unless they provide complete and accurate required recycling information to the BOH no later than 12/23/09. Burton Kaplan seconded the motion. The motion was unanimously approved.
Kalliope Egloff made a motion that, based on the review of tonnage disposal reports submitted by Mr. Cavossa in 2009 and hard evidence of severe violations of Mr. Cavossa’s Mashpee waste hauler’s permit, the Board of Health hereby revoke the Town of Mashpee 2009 waste hauler’s permit for Cavossa Disposal Corporation and will not issue the company a 2010 Mashpee waste hauler’s permit due to severe violations of the 2009 Mashpee waste hauler’s permit. Burton Kaplan seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. 14 Seconsett Point Road – Donato Federico
Donato Federico, owner of the property at 14 Seconsett Point Road, introduced himself to the Board.
Glen Harrington reviewed for the Board some background information on the property at 14 Seconsett Point Road, stating that Mr. Federico currently is being fined $200 a day until a Title V septic design plan for the property is submitted to the BOH. The fine took effect on November 21, 2009, the day Mr. Federico received the order letter and the Board’s decision letter from the BOH. Mr. Federico was also fined $500 for not keeping the cesspool from overflowing. The cesspool recently has been pumped twice, on 10/07/09 and 12/02/09. Mr. Federico now wishes to close up the house on the property as it is now vacant, and not rent it again until the septic system is upgraded. Mr. Federico provided a letter to the BOH dated 11/24/09, stating that the house will not be rented until the Title V septic system is
installed.
Glen Harrington recommended that the cesspool on the property be filled in by 12/23/09, that the property be condemned and posted as such, and that the $200 daily fines should be suspended after Mr. Federico provides a septic design system and time frame for installation.
Kalliope Egloff made a motion that the BOH condemn and post the building on the property located at 14 Seconsett Point Road; that the cesspool on the property be filled in no later than 12/23/09; that the BOH give Mr. Federico an extended time frame for installation of a Title V septic system and delivery to the BOH of a Certificate of Compliance until 4/30/10; and that Mr. Federico’s daily $200 fines be suspended as of 12/09/09. Burton Kaplan seconded the motion. The motion was unanimously approved.
2. Draft Recycling Regulation
Kalliope Egloff wondered that if the Town were to set up a recycling program and fund it, then the BOH would have to go to Town Meeting for a BOH-sponsored recycling regulation approval, but because the BOH regulation is a part of the haulers’ permits, there is no fiduciary responsibility on the part of the BOH. Glen Harrington stated that Town Counsel has not yet responded to him with comments on new information received regarding the BOH recycling regulation draft.
The Board members agreed to postpone further discussion on the draft recycling regulation until Town Counsel provides his comments to the Board, and a full board is present.
DISCUSSION
1. New Tobacco Products & Smoking in Mashpee - Update
Glen Harrington stated that he needs more time to further investigate whether or not the new nicotine products are considered to be tobacco products and would fall under the umbrella of the Tobacco Products Regulation for Mashpee.
2. Seasonal H1N1 Flu Response Update
Glen Harrington reported that Monday, 12/14/09, the second seasonal H1N1 flu clinic is scheduled to take place at Christ the King Church. Thursday morning, 12/10/09, a seasonal H1N1 flu clinic is scheduled at both the Mashpee Middle School and Mashpee High School. Over 200 parental permission slips for the swine flu injections have been received. No nasal H1N1 vaccines are being given at the high school. A Quashnet School H1N1 seasonal flu clinic is scheduled for 12/17/09. Glen Harrington reported that Mashpee is several weeks away from having enough H1N1 vaccine available to the public.
The Board members congratulated Glen Harrington on his excellent coordination of both the H1N1 and the seasonal flu clinic programs in Mashpee.
3. Draft Rental Property Housing Regulation
Glen Harrington stated that he has changed the regulation title from Rental Property Housing Regulation to Subsidized-Rental Property Housing Regulation. Under the FEES section, Glen Harrington eliminated the amount of the fee of $100, and simply refers to a fee, in the event that at some future time the amount of the fee is changed by the BOH.
Under SECTION IV - PENALTIES – the Board changed Failure to comply to Landlord’s failure to comply.
Kalliope Egloff made a motion that the Board of Health adopt the draft Subsidized-Rental Property Housing Regulation, with the amendment under SECTION IV – PENALTIES that Failure to comply is changed to Landlord’s failure to comply. Burton Kaplan seconded the motion. The motion was unanimously approved.
4. Conflict of Interest Law & Ethics – Additional Workshop - FYI
The Board of Selectmen has asked whether an evening workshop on the Conflict of Interest Law and Ethics would be beneficial. The Selectmen thought that those who may have missed the previous presentation might find it more feasible to attend in the evening. Information as to any interest in such an additional workshop should be forwarded to the Board of Selectmen’s office.
The next meeting of the Board of Health is scheduled for Wednesday, December 23, 2009, in the Selectmen’s Conference Room 1 at Mashpee Town Hall.
As there was no further business, the meeting was adjourned at 9:24 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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