Town of Mashpee
Board of Health – Public Session
Minutes of Meeting
October 14, 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 7:00 pm with a quorum.
APPOINTMENTS
7:15 – Mary Emerzian – Show-Cause Hearing – 23 Fawn Road
No one was present at the meeting to represent the property. Ms. Egloff noted that the letter was hand delivered and left in the door and questioned whether or not anyone currently lived at the property. Mr. Harrington confirmed that the property was being used and that the letter was also sent certified mail. Board members noted that the owner was given 45 days to install the septic system since the plan’s approval on December 11, 2008. Mr. Harrington reported that the system was initially certified as a failure on November 21, 2006 and a letter of non-compliance was sent requiring the owner to hire an engineer within 30 days and to correct the violation within 45 days. The test was completed with the engineer on December 7, 2006. The engineer’s plans were received two
years later on December 11, 2008. Ms. Egloff expressed concern about the system’s proximity to Santuit Pond and the need to address the problem as soon as possible. Mr. Harrington stated that a signed contract was received from Bortolotti Construction on January 21, 2009, which was also signed by Mary Lou Welch. Another contract was received today with new signatures, noting receipt of a $2000 deposit, indicating that the work is to be done. Mr. Harrington is unsure whether or not the property has been continuously occupied since 2006, but that the property is listed as the primary address. Ms. Burton proposed that the owner be fined $100 for each month that the installation of a new system was delayed, totaling $900, and that the Certificate of Compliance be issued by Friday, October 30. It was noted that the owner did not appear to explain herself.
Motion made by Ms. Burton to fine Mary Lou Welch $500 for failure to repair her septic system by the timelines laid out for her in 2008 and she has until Friday, October 30, 2009 to have the system repaired and a Certificate of Compliance issued. Further fines will result if she does not meet the timeline. Motion seconded by Ms. Egloff. All voted unanimously to approve the motion.
7:30 – Jeff Ryther, BSS Design – Popponesset Marketplace
Jeff Ryther of BSS Design returned to the Board of Health to further discuss plans to connect Omar’s cottage to the Popponesset Conference Center/church’s septic system. An inspection has resulted in a conditional pass. Mr. Ryther reported that the pit that was hooked up to the system with a bull run valve was full and that the valve has been switched to a pit that has never been used. The distribution box was corroded and will be replaced. The bull run valve will also need to be brought to grade.
Board members questioned the 600 gallon flow per day regulation, per lot, as it relates to the changes being proposed to the system. Mr. Ryther confirmed that the cottage is a seasonal residence. Concern was expressed about setting a precedent but Mr. Harrington stated that this connection would be considered an emergency repair. Mr. Ryther will submit a design plan.
Motion made by Ms. Burton to approve the request to tie in Omar’s Cottage into the existing system for the Conference Center with the conditions of bringing the bull run valve up to grade, the replacement of the distribution box with an H-20 distribution box and based on this being an emergency repair, completed by a licensed installer prior to April 1, 2010. Motion seconded by Ms. Egloff. All voted unanimously to approve the motion.
7:45 – Ken Luckkraft, 23 Cannonchet Avenue – Nitrogen Aggregation Plan
Ken Luckkraft addressed the Board with his plans to build a 3 bedroom ranch and is seeking approval for the proposed septic system under a Nitrogen Aggregation Plan. Mr. Luckkraft shared the history of 23 and 17 Cannonchet Avenue, noting their combined total of 18,000 square feet, and adding “Credit Land” of 17,625 square feet at 8 Sagamore Road to total 35,625 square feet of land, which is sufficient to support a 3 bedroom septic system. Mr. Harrington recommended use of H-20 high capacity plastic chambers/HC 36, although it is not a requirement.
Motion made by Ms. Burton to approve the draft nitrogen aggregate loading plan and restriction pending DEP approval and with the change to the HC 36 as Mr. Harrington mentioned. Motion seconded by Ms. Egloff. All voted unanimously to approve the motion.
NEW BUSINESS
1. Sign Warrants: Members of the Board signed the warrants.
2. Approve Public Session Minutes: 9/9/09
Motion made by Ms. Burton to approve the minutes of September 9, 2009 as amended. Motion seconded by Ms. Egloff. All voted unanimously to approve the motion.
3. Approve Public Session Minutes: 9/23/09
Motion made by Ms. Burton to approve the minutes of September 23, 2009 as amended. Motion seconded by Mr. Kaplan. All voted unanimously to approve the motion.
4. Request for 2009 Food Establishment Permit & Fee Waiver: Mashpee Boosters Club
Mr. Kaplan questioned whether or not a copy of the Mashpee Boosters Club 501(c)3 authorization was in the file. Mr. Harrington requested the authorization by phone, but was sent another copy of the application. Mr. Kaplan noted that 501(c)3 authorization had previously been requested from the Boosters Club for the file. Ms. Burton recommended approval pending receipt of the authorization.
Motion made by Ms. Burton to approve the request for a fee waiver for the 2009 Food Establishment Permit for the Boosters Club pending receipt of the 501(c)3 status. Motion seconded by Ms. Egloff. All voted unanimously to approve the motion.
Motion made by Ms. Burton to approve the 2009 Food Establishment Permit Application for the Mashpee Boosters. Motion seconded by Ms. Egloff. All voted unanimously to approve the motion.
5. Request for Appeal of Board Decision: Douglas Williams, Septic Inspector
A letter has been received from American Home & Environmental requesting that the Board’s decision be reconsidered. Board members noted that Mr. Williams would not be present at a meeting until January. Mr. Williams’ letter indicated that he was unaware of a new requirement that inspectors be licensed with the towns. Mr. Harrington reported that the requirement was established in Mashpee in April 2006. Board members were in agreement that Mr. Williams had access to information and classes about septic installation and soil evaluation. Additionally, it was noted that he has been fined for not being in compliance with Mashpee regulations and falsifying his signed inspection report. Board members agreed that Mr. Williams must pay the fine, take the appropriate classes and become
re-licensed. Mr. Harrington reported that he also received a letter from the owner of the property in question.
Motion made by Ms. Burton to decline the request for an appeal for Douglas Williams of American Home & Environmental. Motion seconded by Ms. Egloff. All voted unanimously to approve the motion.
OLD BUSINESS
Draft Recycling Regulation
Sheldon Gilbert, who serves on Mashpee’s Recycling Committee and works with condominiums to establish recycling programs in town, addressed the Board. Mr. Gifford expressed concern that Summerwood Condominiums has not granted permission to their hauler, Casella Waste Management, to provide recycling services. Mr. Gilbert requested that the Board of Health contact the trustees of the condominium to encourage them to participate in the recycling program. The Chair asked if Summerwood was the only condominium currently not offering recycling and Mr. Gilbert responded by naming a number of condominiums that are currently offering recycling. When asked by Board members, Mr. Gilbert confirmed that there has been no action on the part of Summerwood to recycle. Mr. Harrington suggested
that a general letter, noting the pending regulation, be drafted and sent to condominiums not offering recycling. However, since the regulation is not yet in place, condominiums can not be forced to offer recycling. Board members discussed the possibility of creating “best practices” for condo associations in Mashpee to assist them with their efforts to recycle. Board members requested that the letter be drafted and forwarded to all condo associations.
Ms. Burton reported that single stream recycling will be available at the Transfer Station. Board members discussed publicity and the start date of the single stream recycling, as well as the upcoming “Recycling Day” at the Transfer Station. Mr. Harrington noted that Catherine Laurent anticipates a 30% increase in recycling. Mr. Harrington reported that sorting recycling earned money for the town and single stream will cost money. However, the hope is that trash disposal will be reduced by the addition of single stream recycling, which will then save the town money.
Stuart Bornstein, Baypoint, LLC
Mr. Harrington reported that he spoke with Mr. Bornstein by phone about the Board’s previous request to amend the master deed in Land Court. Mr. Harrington notified Mr. Bornstein that the Board was seeking assurances that the condo association will set aside funds to be used specifically for septic repairs. Mr. Bornstein has agreed to contact the association to require the necessary information. Board members discussed their interest in “Monitoring Alternatives for On-Site Septic Systems”
and suggested that a copy be forwarded to Mr. Bornstein.
Lakeside Estates – Water Issues
Board members discussed Mr. Haney’s efforts to connect Lakeside Estates to town water and discussed the ad placed by the Water District. The cost to connect the property is expected to be approximately $650,000 if the Water District completes the work. Mr. Harrington noted that regulations require that the owner be responsible for costs incurred on private property. Board members questioned whether or not the Board of Health could take an official position on the matter. Mr. Harrington responded that opinions and facts based upon health and safety, such as water pressure issues, water repair issues and dealings with the DEP, may be presented by the Board of Health. Ms. Burton emphasized a key safety issue, noting the possibility that the drinking water and septic pipes run next to one
another. Mr. Haney has refused to provide required data concerning the location of the septic pipes. All Board members expressed their concern about residents having access to clean and safe water supplies.
Ms. Egloff questioned whether or not septic inspections could be ordered for the entire property and Mr. Harrington responded affirmatively since it is under the 600 gallon per day regulation. However, DEP would also be involved since it is also over 10,000 gallons per day in flow. If the source of water is inadequate based on supply, pressure or quality, the Board has a right to close the park. Monthly water monitoring by Mr. Haney and the distribution system and condition of the pipes were discussed. Board members expressed concern for the residents of the park but also questioned taking a public position, noting that the Town of Mashpee should not be responsible for the cost of improvements.
It was recommended that Mr. Harrington attend the upcoming Water District meeting to speak on behalf of health concerns. Ms. Egloff suggested that a letter be sent to park residents encouraging their involvement in the process of obtaining clean water.
The Chair questioned whether or not Mashpee could issue a betterment to Mr. Haney for the cost to fix the pipes. Members continued to discuss the problems with water pressure and water distribution, but noted that there was no evidence suggesting that the water quality was inadequate. Ms. Egloff questioned whether or not the Board had authority to test the water from the well and sample the water from a resident’s home. Samples have previously been taken, but a comparison of the samples would be needed to ascertain the veracity of the reports available to the Board of Health. It was noted that information about the septic problems had been provided to Mr. Haney prior to his purchase of the property. Ms. Egloff suggested that water samples be tested for nitrates, which would determine if
septic is leaching into the drinking water. Mr. Harrington reported that homeowners, not Mr. Haney, would need to grant permission to sample that water. Mr. Harrington also stated that homeowners now have filter systems because the iron bacteria are so bad and filters are being changed monthly. Ms. Egloff expressed a preference for the Board of Health to take action such as sampling the water, rather than simply make a statement, in order to show the Board’s concern for the health and safety of the residents.
Board members discussed responsibility for the cost of providing water to private property. The Water District is responsible for bringing the water line to the property and homeowners, whether they are in a subdivision or single family home, are responsible for funding the connection to the home. Lakeside Estates currently has 93 homes and it was stated that Mr. Haney can not directly pass capital improvement costs onto residents, but could raise the rent incrementally.
Mr. Harrington suggested that he write a history of the property as it relates to water issues. Ms. Burton questioned whether or not septic systems inspections could be required, particularly if the cess pools are in failure. Board members expressed concern about the gray areas of jurisdiction, whether it is DEP or Mashpee. Mr. Harrington stated that the Board could request inspections for Title 5 due to the Sanitary Code. Ms. Egloff questioned if DEP could confirm the issue of jurisdiction. Mr. Harrington had previously recommended to DEP that septic inspections be required. The Chair asked if pumping has occurred and Mr. Harrington responded that he could check the pumping records. Ms. Egloff recommended that the Board verify if there is nitrate loading in the well, check
with the DEP to find out why septic inspections have not been completed and strongly recommend that they be inspected. Mr. Harrington will send a letter to the DEP. Ms. Burton and Mr. Harrington will attend the Water District’s October 22 meeting and other Board members may attend.
DISCUSSION
Selectmen Liaison
Mr. Harrington distributed the Board of Selectmen Liaisons guidelines to Board members.
Seasonal & H1N1 Flu Response Update
Mr. Harrington reported that the October 19 seasonal flu clinic, conducted by the VNA, will be held for people 65 and older. It is currently unknown whether or not additional supplies will be available in time for the November 2 clinic. The seasonal flu season will not begin until February, so Mr. Harrington believes that a school based clinic for the seasonal flu will take place in December when H1N1 manufacturers switch back to manufacturing the seasonal flu vaccine. Mr. Harrington anticipates the balance of the seasonal flu vaccine to arrive prior to the start of the seasonal flu season.
Regarding H1N1, Mr. Harrington has been in receipt of a Presidential email recommending that clinics for H1N1 be scheduled prior to November 15, even in the absence of the vaccine. It was advised that those clinics be advertised and withdrawn if necessary. Other towns have agreed that they do not wish to schedule clinics until the vaccine is received. Board members were in agreement that the dates should not be advertised in advance if there was a chance it would need to be retracted, as has happened with the seasonal flu. Mr. Harrington further reported that the email required that 3 clinics be scheduled for each coalition, such as the Cape & Islands Emergency Preparedness Coalition consisting of all towns on the Cape and Islands. Four local towns have already scheduled and announced
H1N1 clinics that will be held prior to November 15, so the Presidential requirement has been met.
Ms. Egloff asked Mr. Harrington if a letter had been forwarded to the Chamber of Commerce highlighting cough etiquette and hand washing so that business managers could communicate the information to their employees. Mr. Harrington responded that a letter has not been sent. Ms. Egloff recommended Brevis Corporation as a source for inexpensive and eye-catching posters.
Mr. Harrington will be meeting with school nurses to discuss future clinics and logistics. Parental consent forms and other guidance documents are ready to be distributed. Parental consent forms for KC Coombs students will be available at the clinic because parents/guardians will be present at the clinic. Forms will be sent home with the middle grades. Forms will be posted on the web for high school students and a phone call home will notify families of its availability. The Chair questioned whether or not the Board of Health would mandate the H1N1 vaccine. Ms. Burton suggested that people may be more likely to avoid the vaccinations if they were mandated to have it.
Mr. Harrington also reported that he will be holding a volunteer meeting for anyone who will be assisting with the H1N1 clinics. Volunteers from Emergency Preparedness /MRC will also be included. Mr. Harrington hopes to have 40 volunteers and will work with a number of community organizations to encourage more involvement.
Ethics/Conflict of Interest Seminar
Members plan to attend the workshop.
Wastewater Workshop 11/25
Cavossa and Trash Haulers
Ms. Burton questioned whether or not the requested information regarding Cavossa’s trash hauling history has been received. Mr. Harrington reported that all information has been requested from Catherine Laurent and he plans to meet with Ms. Laurent to go over the information. Ms. Egloff questioned whether or not the spreadsheet to track the haulers’ recycling was effective. Mr. Harrington will be checking on the spreadsheet with Ms. Laurent.
Calendar
It was suggested that the October 28 meeting be cancelled and that the Board meet on November 4 and November 18. The Board also agreed to meet on December 9 and December 23, as originally scheduled.
Motion made by Ms. Burton to adjourn. Motion seconded by Ms. Egloff. All voted unanimously to approve the motion.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
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