TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, January 13, 2010
Board Members Present: Members Absent: Also Present:
Burton Kaplan, Chairman Lucy Burton, Co-Chairman Glen Harrington, Health Agent
Kalliope Egloff, Clerk Joyce Mason, Town Manager
Catherine Laurent, DPW Director
Chairman Burton Kaplan called the meeting to order at 6:30 PM.
Kalliope Egloff made a motion that the Board of Health adjourn the Public Session and move into Executive Session for the purpose of discussing potential litigation procedures against Cavossa Disposal Corporation, to return to the Public Session after the Executive Session. Burton Kaplan seconded the motion. The motion was unanimously approved. Roll call was taken: Burton Kaplan, yes; Kalliope Egloff, yes; Lucy Burton, absent.
At 7:05 PM Chairman Burton Kaplan reconvened the Board of Health public session.
APPOINTMENTS
7:15 PM - Cavossa Disposal Corporation – Appeal Hearing
Attorney Stephen Richmond with Beveridge & Diamond law firm introduced himself to the Board as representing Cavossa Disposal Corporation (Cavossa). Carl Cavossa, principal owner of Cavossa Disposal Corporation, introduced himself to the Board.
Burton Kaplan reviewed the purpose of the appeal hearing, stating that Mr. Cavossa had requested a BOH appeal hearing to ask that the BOH revoke its prior decision of 12/23/09 to rescind Cavossa’s Refuse Hauler’s Permit and to rescind its decision not to allow renewal of Cavossa’s 2010 permit.
Mr. Richmond stated that the Board of Health had failed to provide adequate notice of its meeting of 12/23/09 and that Cavossa had not been made aware of the intended agenda which included discussion of allegations against Cavossa. Other accusations stated by Mr. Richmond against the BOH included harassment and singling out Cavossa for enforcement of its waste hauler’s regulations. Carl Cavossa stated that his primary outstanding issue was that the DPW had selectively singled out Cavossa for enforcement of its flow control rules, and had not been consistent across the board with all Mashpee-permitted waste haulers.
Mr. Richmond then presented the Board with the following proposal, suggesting that Mr. Cavossa and Glen Harrington come up with a more precise requirement for the commercial trash to be delivered by Cavossa to the UCRTS. Mr. Richmond suggested that Mr. Cavossa and Glen Harrington sit down together and come up with an estimate of the expected volume of trash to be delivered by Cavossa on a monthly basis. Based on that estimate, the Town would then have information as to expected trash delivery from Cavossa for the next year.
Kalliope Egloff voiced the concern that such an arrangement with Cavossa might be construed as unfair to the other waste haulers. Mr. Richmond stated that in his opinion it would be more fair because the BOH would be treating Cavossa more strictly than the other haulers.
Patrick Costello asked Mr. Cavossa how he would deal with mixed commercial loads from several towns when delivering trash to UCRTS. Mr. Cavossa stated that he would credit the entire amount of trash to the Town of Mashpee.
Burton Kaplan suggested that Mr. Cavossa and Glen Harrington meet between now and the next BOH meeting on 1/27/10 to work out the details of the proposed arrangement with Cavossa. The BOH agreed to continue discussion of the proposal at its next meeting with a full Board present.
The Board agreed to reinstate the Cavossa waste hauler’s license until its next meeting on 1/27/10.
Kalliope Egloff made a motion that the Board continue discussion regarding the Cavossa Waste Hauler’s permit for 2010 until the next meeting on 1/27/10. Burton Kaplan seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. No warrants.
2. Approve Public Session BOH minutes: December 23, 2009.
Kalliope Egloff made a motion to approve as amended the BOH Public Session minutes from the meeting on December 23, 2009. Burton Kaplan seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Rental Property Housing Regulation –Response Letter from Mashpee Housing
Leila Botsford, P.H.M., Executive Director of the Mashpee Housing Authority, introduced herself to the Board. In a letter to the Board of Health, dated 12/22/09, Ms. Botsford outlined her questions and concerns with regard to the BOH Rental Property Housing Regulation. Her primary issue with the regulation was that the fee the BOH will be charging is waived for all non-profit agencies, and not for tax-exempt agencies that are not non-profits, such as the Housing Authority. Ms. Botford stated that the Housing Authority is not a non-profit agency but is in no way able to afford to pay the housing regulation fees assessed against the housing authority for inspections of its public housing units. Ms. Botford stated further that these fees would severely impact the Housing Authority budget which most recently was cut by
the State by 5%.
Glen Harrington stated that the BOH regulation is concerned about the sanitary conditions of places where people are placed, and is geared toward protecting the people renting homes to ensure that they are properly.maintained.
Burton Kaplan asked that Leila Botsford and Glen Harrington work together to come to an understanding as to how to modify the fee section of the Rental Property Housing Regulation to the satisfaction of the Mashpee Housing Authority.
Cindi Maule representing the State and Federal Fair Housing Department introduced herself to the Board. Ms. Maule stated her concern that the BOH Rental Property Housing Regulation should be compatible with the State and Federal Fair Housing Act. Patrick Costello agreed to meet with Ms. Maule to discuss the BOH regulation as it relates to Section 8 of the State and Federal Fair Housing Act.
DISCUSSION
1. Lakeside Estates – Letter from Attorney Terry
Glen Harrington stated that the Board of Health had received a letter from Mr. Richard L. Terry, Attorney for Lakeside Estates, dated 12/29/09. The letter was a request on behalf of Lakeside Estates to hook up Lakeside Estates to town water. Mr. Terry stated in the letter that he wanted the BOH to direct the Mashpee Water District to hook up Lakeside Estates to town water, and if the Water District refused, then the Board of Health would have satisfied its commitment to the citizens of Lakeside Estates.
Glen Harrington stated that the problem with the water supply at Lakeside Estates is not only the poor quality and low pressure of the water. The problem is with the faulty distribution system that exists at the property – the water pipes are all corroded and need to be replaced. It is the responsibility of Mr. Haney, the owner of Lakeside Estates, to pay for the replacement of the distribution system before the Mashpee Water District will consider hooking up Lakeside Estates to town water. Glen Harrington added that the same request from Mr. Haney last fall had already been denied.
Burton Kaplan stated that based on the above information, the Board declined to respond to Mr. Terry’s letter.
2. Mr. William O’Brien, Abutter to Lakeside Estates
Mr. O’Brien introduced himself to the Board, stating that he lived directly below the Lakeside Estates property and was very concerned about the quality of the water supply and the sewage leaking onto his property from the Lakeside Estates. Mr. O’Brien asked whether the water was ever tested, and how frequently. Glen Harrington stated that the water had been tested in the past, but that Mr. O’Brien could bring samples of his water to the Board of Health at any time for testing and receive test results promptly.
3. FYI – E-Cigarettes – National Association of Local Boards of Health Magazine Article (NALBHM)
Glen Harrington distributed copies of a recent article on E-Cigarettes from the NALBHM. The article states that the FDA is currently conducting laboratory analyses of e-cigarettes and issued a notice in July 2009, warning the public of health concerns involving a sample of two leading brands of e-cigarettes. Some members of the public agree on the need for further scientific study to confirm the products’ unproven safety concerns, while others view them as far less hazardous alternatives to combustible cigarettes that are responsible for more than 400,000 deaths in the U.S. each year. Meanwhile, the e-cigarettes continue to be promoted and purchased online.
Glen Harrington stated that there is not yet enough evidence to not include the e-cigarettes under the BOH Tobacco Products Smoking Regulation. Kalliope Egloff stated her feeling that the Board needs to continue to keep well informed about further developments regarding the e-cigarette products.
4. Emergency Order – 14 Coombs Lane
Glen Harrington reported that Veronica Warden had conducted an investigation on 1/13/10 at 14 Coombs Lane and discovered that there has been no running water at the home for the past 2 ½ weeks. A single parent with 5 children has been inhabiting the dwelling. Glen Harrington stated that Mr. Turner, owner of the property, has known about the problem since Christmas. After discussion about what immediate steps the Board should take, Glen Harrington stated that the Town Manager should be informed of the emergency by the BOH immediately, and ask that the Town correct the situation by having town water connected to the property, with the Town taking the responsibility for payment of the work.
5. BOH Annual Report
Glen Harrington distributed copies of the 2009 BOH annual report prepared by his department, and asked for comments from the Board members before handing it in to the Town Manager. The Board offered several comments, and complimented Glen Harrington on an excellent job.
6. Mr. Don Groseclose – Comments re: The Cavossa Disposal Corporation
Mr. Don Groseclose, owner of Allied Waste, introduced himself to the Board. Mr. Groseclose stated that he was not against the proposed arrangement between Cavossa and the BOH, but asked whether the Board had any information about the monetary benefits that Cavossa had enjoyed in 2009 as a result of his violation of the BOH trash hauler regulation by not taking his Mashpee trash to the UCRTS. Mr. Groseclose stated that he felt strongly that the Board should assure an even playing field for all the Mashpee-permitted trash haulers, and that before Cavossa’s 2010 permit is approved, Cavossa should be required to make restitution to the town for money lost, and should be fined for violations committed against the BOH trash hauler’s regulation.
7. Seasonal & H1N1 Flu Response Update
Glen Harrington reported that there had been a flu clinic at K.C. Coombs School on 1/07/10 for both H1N1 and seasonal flu vaccines. There were 125 H1N1 nasal vaccines given, 57 H1N1 vaccine injections given, and 65 seasonal flu injections given. Glen Harrington stated that the volunteer response had been sufficient to have handled the public as well. Glen Harrington stated that another flu clinic is planned that will be open to the public, and that there was still adequate funding available for another H1N1 clinic. Glen Harrington stated that he would request Christ the King to make their facility available for the clinic, and would like to offer funding to the church for their generous offering of space for clinics during this past flu season.
8. Elsa Partan – New Mashpee Enterprise Reporter
Burton Kaplan introduced Elsa Partan to the Board as the new reporter representing the Mashpee Enterprise. Elsa Parton stated that although Brian Kehrl would be a hard act to follow, she welcomed the opportunity to work with the Board. Glen Harrington stated that the BOH had just one rule for Ms. Parton: “Make the BOH look good, and let us know if we don’t!”
The next BOH meeting is scheduled for Wednesday, January 27, 2010 at 7 PM in the Selectmen’s Conference Room 1. As there was no further business, the meeting was adjourned at 8:45 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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