Town of Mashpee
Board of Health – Public Session
Minutes of Meeting
December 23, 2009
Board Members Present: Chair Burton Kaplan, Co-Chair Kalliope Egloff, Clerk Lucy Burton
Also Present: Glen Harrington, Health Agent
Mr. Kaplan called the meeting to order at 7:01 pm with a quorum.
NEW BUSINESS
1. Sign Warrants: Members of the Board signed one warrant.
2. Approve Public Session Minutes: 12/9/09
Board members noted the possibility of trash haulers reporting figures for combined commercial and residential waste at the Upper Cape Regional Transfer Station, as referenced in paragraph 3 on page 2 of the minutes. Mr. Harrington clarified that the decision would be made by Department of Public Works (DPW) Director, Catherine Laurent, based on transfer station regulations.
On page 1, Ms. Egloff noted that David Martin represented Falmouth Engineering, not Mr. Borselli. All references to Mr. Borselli should be changed to read Mr. Martin. Mr. Harrington pointed out that there are two #3s on page 2 and Mr. Kaplan noted that Solid Waste Hauler Compliance Review should be #4. On page 3, regarding Waste Management Compliance, it was requested that “suspect” replace “bogus” in the statement reading “. . . still reporting bogus recycling numbers.” On page 4, regarding the Draft Recycling Regulation, Ms. Egloff requested that “explained” be changed to “wondered.” On page 4, referencing Seasonal and H1N1, in paragraph 2, Mr. Kaplan asked that “and seasonal flu programs” be added to the statement “Board members congratulated Glen Harrington on his excellent coordination of H1N1. . .”
Motion made by Ms. Egloff to approve the minutes of December 9, 2009 as amended. Motion seconded by Mr. Kaplan. All voted unanimously to approve the motion.
3. Solid Waste Hauler Compliance Review
Mr. Harrington reported that he has received updated information from the three haulers for which the Board was awaiting more detailed records. Mr. Harrington stated that Macomber provided an annual monthly tally for 2009 which indicates that they increased their recycling customers from 4 to 13. Although the approximated numbers do not reflect tremendous recycling tonnage, Mr. Harrington noted that it is representative of their business. Casella Waste has also submitted their monthly recycling numbers for 2009. Pina Sanitation submitted one weight slip, with minimal tonnage, but accurate for their business in Mashpee. All waste haulers have satisfied the Board’s request for additional information.
Regarding Cavossa, Mr. Harrington stated that a hearing, which will include Town Counsel, has been scheduled for January 13. Notice of the appeal hearing has been mailed and faxed. Cavossa will continue to operate in Mashpee while awaiting the results of the hearing. Ms. Egloff questioned whether or not notices that the last Board of Health meeting would review waste hauler compliance were adequately distributed. Mr. Harrington responded that phone calls were made to notify the haulers. Ms. Egloff suggested that all involved parties should have received more notification that the Board would be having a permit review process. Ms. Egloff added that, at the time, she did not believe she fully understood adequate notification and wished that her motion was stopped before making it.
Board members agreed that they all believed that adequate notification had been made at the time of the motion. Mr. Kaplan stated that the issue will be discussed at the January 13 meeting.
Mr. Harrington reported the following details about each hauler, based on information received from the DPW:
Allied Waste-Reporting residential and commercial waste combined at Upper Cape Regional Transfer Station (UCRTS); missing 3 months of recycling since October; Mr. Harrington has met with representatives and will request the missing recycling numbers
Waste Management-Reporting residential and commercial waste combined at UCRTS; missing recycling numbers since July; Mr. Harrington has requested the missing recycling information
Casella-No report for commercial waste submitted despite having commercial accounts in Mashpee, waste is being tipped as residential at UCRTS; annual recycling tonnage has been reported and is considered accurate
Pina- No report for commercial waste submitted despite having commercial accounts in Mashpee, waste is being tipped as residential at UCRTS; annual recycling tonnage has been provided
One Pointe Home Curators- No report for commercial waste submitted but Mr. Harrington believes company has no commercial accounts in Mashpee, company handles New Seabury; annual recycling tonnage has been provided but Mr. Harrington has requested revised numbers because they appear to be inaccurate
Cape Waste- No report for commercial waste submitted despite having some commercial accounts in Mashpee, waste is being tipped as residential at UCRTS; missing recycling numbers since July; Peter Amaral planned to deliver receipts for the remainder of the year to tonight’s meeting
Macomber- No report for commercial waste submitted, but only has 3 or 4 commercial accounts in Mashpee, waste is being tipped as residential at UCRTS; annual recycling tonnage has been provided
Mr. Kaplan questioned how to proceed with the 2010 permitting process in order to better manage reporting and compliance. Mr. Kaplan suggested that Mr. Harrington meet with each of the haulers to inquire about any difficulty experienced with the reporting process and explain that strict compliance would be required during 2010. Mr. Harrington reported that Ms. Laurent is updating databases in order to show monthly compliance. It is believed that the database was used to assist with invoicing and it was noted that residential costs to the haulers are more affordable than commercial costs. Ms. Egloff questioned whether or not Mashpee’s contract requires fixed tonnage of waste disposal at the UCRTS. Mr. Harrington had not seen the contract.
Carl Cavossa, of Cavossa Disposal, was recognized and addressed the Board about the process at UCRTS when trucks deliver waste. Mr. Cavossa noted that each truck is given a number that represents the town from which waste had been collected. The weight of the truck and whether the load being carried is residential or commercial is recorded by UCRTS. Mr. Cavossa reported that it would be easier to state the name of the town and whether the waste was residential or commercial because a driver might provide the wrong number. Mr. Cavossa further stated that UCRTS is the highest priced disposal facility on the Cape. It was clarified that Mashpee regulations require that commercial and residential be delineated and Mr. Cavossa added that Mashpee is the only town requiring haulers to do so. A discussion ensued regarding SEMASS contractual obligations for tonnage and past levied fines. Costs associated with rail transfer minimums were also discussed. Sean Moore, a driver with
Allied Waste, reported that he has had no problems with the process at UCRTS.
Board members noted that the companies who were missing information were advised to provide details by 12/23 and Mr. Harrington confirmed that he has received the requested information to allow release of the 2010 permits. It was recommended that Mr. Harrington meet with each company to reiterate permit requirements. The Board was in agreement that the permits be issued, with the exception of Cavossa which will be addressed at the January meeting. Mr. Harrington added that four of the haulers have violations for not tipping commercial waste, and had been notified by fax (12/18) and mail (12/21) about the meeting.
Peter Amaral, of Cape Waste, provided Mr. Harrington with his recycling numbers. Regarding Cape Waste’s missing report for commercial waste, Mr. Amaral stated that the company has only 3 commercial accounts. Mr. Amaral has spoken with Ms. Laurent about providing estimated commercial tonnage, noting that it made more sense for him to pick up the waste for a commercial account when he is in the area picking up his residential accounts. Walter Bednark, who works in the sales department for Casella, added that his company also has limited commercial accounts and are currently working on providing monthly tonnage estimates. Ms. Burton emphasized that trash haulers need to provide the requested information in order to conduct business in town. Mr. Amaral added that he was in agreement with
Mr. Cavossa regarding the cost of using UCRTS but Ms. Burton noted that use of the facility is a requirement in Mashpee. A representative from One Pointe Home Curators questioned her company’s need for additional information to which Mr. Harrington responded that he had previously requested corrected recycling numbers. It was reported that Dean Pina planned to meet with Mr. Harrington to provided additional information.
Mr. Cavossa recommended that the Board review Mashpee’s contract with SEMASS since estimating commercial numbers may be a violation of the contract. Board members noted that Ms. Laurent oversees the contract. Ms. Laurent has been working on a solution but must work through UCRTS and the Selectmen since it will affect existing contracts with SEMASS and the railroad. Mr. Harrington added that variances with conditions, from the Mashpee Regulations, could be issued to companies based on the number of commercial accounts or tonnage. Board members were in agreement that they want to ensure hauler compliance and reasonable regulations and encouraged the haulers to provide feedback. Mr. Cavossa suggested that it would be easier for haulers if they were allowed to dump recycling at UCRTS
and if the commercial fees were more competitive.
Ms. Burton questioned whether or not Mr. Harrington had any recommendations for levying fines or proceeding with issuing permits to the four haulers who have not reported commercial waste. Mr. Harrington stated that the Board has the ability to levy a fine of up to $1000 for violations and that a previous hauler was fined $500 for the year for not reporting commercial waste.
Motion made by Ms. Burton to fine Casella, Pina, Cape Waste and Macomber $500 each for not reporting their commercial waste for 2009. Motion seconded by Ms. Egloff. All voted unanimously to approve the motion.
OLD BUSINESS
Draft Recycling Regulation
A question regarding mandatory recycling programs and whether or not Town Meeting is the proper approving authority was considered by Counsel, who has determined that Town Meeting is the proper authority. Mr. Harrington will prepare the Regulation as an Article for the May meeting. Mr. Harrington noted that the Regulation will require quarterly reporting from the haulers, instead of the monthly reports. Board members discussed the next step, and whether the implementation date would be 2011. Mr. Harrington confirmed that state review of the Article can take 4-6 weeks and Ms. Burton noted that the start date could be July 1.
14 Seconsett Point Road
Fernando Federico reported that he sent a letter and spoke with his tenant by phone, who promised to be out of the home by December 1 but the tenant has not moved out and has since promised to be out by January 1. Mr. Federico has hired attorney Anthony Alvin to initiate an eviction if the tenant has not moved by January 1. Mr. Federico has been in contact with George Botello, who can not demolish the system until the tenant has moved out.
Board members emphasized that their concern is regarding the septic system. Mr. Harrington stated that the property can not be condemned since the tenant has not moved out and the cess pool can not be filled in. Mr. Harrington further stated that the system can be fixed, adding that extensive plans for an addition from 2001 have been approved by the Conservation Commission, Zoning Board of Appeals and Board of Health. Although the plans have expired, they are compliant with Title V so they can be used to repair the system. Ms. Burton recommended that Mr. Federico hire a licensed installer to pull a permit and install the system. Board members reminded Mr. Federico that the April 30 deadline will not be extended and that fines will be incurred if he misses the deadline.
Motion made by Ms. Burton to rescind the fine that was imposed previously for Mr. Federico’s violation. Motion seconded by Ms. Egloff. All voted unanimously to approve the motion.
DISCUSSION
New Tobacco Products & Smoking in Mashpee Update
Mr. Harrington reviewed the Tobacco Regulation and reported that, in his opinion, Snoose, Camel Sticks, Orbs and Strips are considered tobacco products that are covered by the retail portion of the Regulation. E-Cigarettes include both nicotine and non-nicotine cartridges and would be included if nicotine were considered a tobacco product. Mr. Harrington confirmed that Snoose and Camel products are being sold in Mashpee. Ms. Egloff recommended that the Board of Health have further discussion as to whether or not nicotine and tobacco should be added to the Regulation, and what the implications would be. The Board was in agreement that further discussion was in order.
Seasonal & H1N1 Flu Response Update
Mr. Harrington reported that the second round of H1N1 vaccines will be provided to 6 months-9 year olds on January 7. Mr. Harrington has sufficient seasonal flu vaccine supplies to offer to the students and school staff. Mr. Harrington expects to receive additional supplies and has set aside January 15 as an H1N1 and seasonal flu clinic open to the public provided anticipated vaccines are received.
Rental Property Housing Regulation
Mr. Harrington distributed a letter to Board Members from Leila Botsford, Executive Director of the Mashpee Housing Authority. Board members signed the Regulation but asked that it be held until they review the letter and discuss its contents at a future meeting.
Mashpee Public Schools Cancer Survey-DPH Response
Mr. Kaplan suggested a copy of the letter be provided to those who participated in the study. Mr. Harrington sent the response to the School Department and Health Advisory Committee. All members were pleased that the numbers were normal.
Semi-Annual Landfill Inspection, Weston & Sampson
It was reported that gas vents and animal burrows require repair and some vegetation needs to be removed. Mr. Harrington reported that animal burrow repair and augmenting the berm have been included in Capital improvements requirements. The DPW is expected to provide mulch, compost and street sweepings to complete the work. Weston & Sampson are seeking the construction log to aid in the repair of one of the wells.
Motion made by Ms. Burton to adjourn at 8:25 p.m. Motion seconded by Ms. Egloff. All voted unanimously to approve the motion.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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