TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, January 27, 2010
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 7:02 PM.
APPOINTMENTS
7:15 PM – Cavossa Disposal Corporation - Appeal Hearing
Lucy Burton stated that on the advice of Town Counsel Patrick Costello, she was recusing herself from participating in the discussion and vote on the Cavossa Disposal Corporation (Cavossa) Appeal Hearing because she was not in attendance at the 1/13/10 BOH meeting.
Glen Harrington reviewed for the Board the background of the Cavossa appeal hearing, stating that the BOH decision at its1/13/10 meeting was for the non-renewal of Cavossa’s 2009 Waste Hauler’s Permit for 2010. There were two options under consideration by the Board at that meeting:
(1) To uphold their denial of Cavossa’s 2010 permit based on 2009 permit violations
(2) To issue Cavossa a 2010 permit with certain conditions, one of which was a proposal presented by Cavossa’s attorney Stephen Richmond, in which Cavossa and Glen Harrington would meet to discuss a possible amount of monthly tonnage of refuse that would be required by Cavossa to be delivered to UCRTS. After a meeting held on Wednesday, 1/20/10, along with follow-up conversations, Glen Harrington and Cavossa came up with an agreed-upon required number of 30 tons of refuse per month to be delivered to UCRTS by Cavossa. It was agreed by both Cavossa and Glen Harrington that the total amount of waste tonnage delivered per year would average a minimum of 30 tons per month.
The following five recommenations were proposed by Glen Harrington as a result of the 1/20/10 meeting between Glen Harrington and Carl Cavossa. These recommendations were pending issuance of a 2010 Mashpee Waste Hauler’s Permit by the Board of Health:
1. All Mashpee refuse gets delivered to UCRTS.
2. All refuse gets reported as “commercial” at the commercial rate.
3. One violation of either the UCRTS Rules and Regulations or the Mashpee Board of Health regulation will result in immediate revocation of Cavossa’s 2010 Mashpee Waste Hauler’s Permit
4. A list of Cavossa’s customers shall be maintained and identified by the BOH. Any loss or gain of a customer shall require notification to the BOH within 7 days of contract execution. The agreed monthly tonnage amount shall be negotiated quarterly.
5. A fine of $4,500.00 shall be paid prior to issuance of Cavossa’s 2010 Waste Hauler’s Permit. The fine amount was calculated at 10 weeks of non- use of UCRTS @ $450 per week, or $4,500.
Glen Harrington stated that the BOH Waste Hauler’s Regulation stipulates that a fine of up to $1000 per day may be levied for noncompliance of the regulation. Kalliope Egloff responded that in her opinion the regulation is confusing and convoluted, that $4500 is a huge amount of money, and that Cavossa should not have to pay the fine. Kalliope Egloff added that until she can see hard evidence that the Town of Mashpee was fined by SEMASS and/or the MassCoastal rail company for the shortfall that Cavossa incurred, she is not in favor of fining Cavossa $4500.
Glen Harrington reminded the Board that a $900 fine previously paid by Cavossa was for violations committed in 2009, for two months of non-use of UCRTS, and that Cavossa also was brought before the Board for violations in 2007. Glen Harrington asked the Board to consider the message that is being sent to the other haulers if they continue to be noncompliant and then come to the Board a third time and request a new way to figure out a waste hauler’s permit, with no punitive damages attached.
Kalliope Egloff stated that, in her opinion, henceforth the Board should issue fines for permit violations and for tonnage loss, thus putting all the waste haulers on notice. Kalliope stated further that she felt the $4,500 fine for Cavossa should be nullified.
Kalliope Egloff made a motion that the Board of Health issue Cavossa Disposal Corporation a 2010 Town of Mashpee Waste Hauler’s Permit with the following conditions:
· That all Mashpee refuse gets delivered to the UCRTS
· All refuse gets reported as either commercial or residential and is paid at the appropriate rate
· Any violation of the UCRTS and/or the Board of Health rules and regulations could result in immediate revocation of Cavossa’s 2010 waste hauler’s permit, after a hearing on such violation(s).
· A list of Cavossa customers identified by number, and tonnage delivered, will be maintained by the Board of Health. Any loss or gain of customers shall require notification to the Board of Health within 7 days of contract execution.
· The agreed-upon monthly tonnage amount of 30 tons per month shall be reported no less frequently than quarterly.
Burton Kaplan seconded the motion. Lucy Burton recused herself from the vote. The motion was approved.
Glen Harrington reminded the Board that Town Counsel Patrick Costello has stressed the importance of the BOH showing equitable enforcement for all waste haulers, and has urged the Board to come up with an enforcement policy applicable to all waste haulers to be included in the regulation.
7:30 - Jean Niebauer – 48 Fells Pond Road
Jean Neubauer, owner of the property at 52 Fells Pond Road, introduced herself to the Board as an abutter to the property at 48 Fells Pond Road. Ms. Niebauer reviewed for the Board the events that have taken place since February, 2007, when the BOH granted a variance to the property owners at 48 Fells Pond Road to install a septic system within 10’ of the property line with the condition that the blower for the system be placed on the garage side of the property. The septic system subsequently was installed but the blower was installed on the side of the property adjacent to the Niebauer’s property at 52 Fells Pond Road. Jean Niebauer stated that since the installation of the blower, she and her family have been aggrieved by the high pitched noise that emanates constantly from the blower. Ms. Niebauer
stated that she has been in frequent contact with the BOH over the past 3 years regarding the violation of the variance request since its installation, with no action yet taken. Waste Water Treatment Services, the company servicing the blower, promised to plant shrubbery to surround the blower in an effort to contain the noise, but this has not happened. Glen Harrington stated that in November 2009, he recommended to Waste Water Treatment Services that they 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, but it isn’t immediately clear as to whether any action has been taken by Waste Water Treatment Services. It should be noted that, after a request by Mrs. Niebauer during the summer of 2009, the Board allowed the blower to be turned off for the remainder of the summer season so any sound would be eliminated. The blower was turned back on after the summer
season.
Glen Harrington, Lucy Burton, Kalliope Egloff and Burton Kaplan stated that they have each visited the property at various times during the day on different days of the week, to assess the noise factor with the blower, all with the same observation: when standing immediately adjacent to the blower, it is difficult to hear any significant noise coming from the blower other than a nearly imperceptible sound. Lucy Burton stated that the Board is having a hard time understanding how this almost imperceptible noise can be impairing the enjoyment of the Niebauer’s home. Jean Niebauer responded that the key issue is that the variance request that was approved by the BOH was violated, and the Board to date has done nothing about it. She also stated that her property value has been affected by the location of the blower.
Burton Kaplan requested that Glen Harrington contact Bill Everett at Waste Water Treatment Services to determine what can be done within 60 days to alleviate the problem of the noise emanating from the blower on the property at 48 Fells Pond Road.
It was agreed that Glen Harrington will be present on site to observe the action taken by Waste Water Treatment Services when they attempt to fix the problem.
7:45 - Lakeside Estates – Sanitary Code
Richard Terry, attorney for Lakeside Estates, introduced himself to the Board as representing Mr. Haney, principal owner of the property. Mr. Terry stated that his reason for addressing the Board tonight was to try to come up with a compromise solution to the water pressure problem at Lakeside Estates. Mr. Terry suggested that the BOH approach the Water District and urge them to hook up Lakeside Estates with town water, which, in his opinion, would solve the water pressure problem. Mr. Terry stated that he does not agree that the distribution system at Lakeside Estates needs to be replaced before the Water District can consider hooking up Lakeside Estates to town water, and that furthermore, the tenants are not able financially to support such a capital improvement.
Burton Kaplan stated that it is the responsibility of Mr. Haney, as principal owner of the property, to pay for replacement of the distribution system, not the tenants, the Water District, or the Board of Health, and that the water pressure problem will not go away until the distribution system is repaired. Glen Harrington added that the quality of the water source has never been in question: the wells on the property supplying the water are reported to be perfectly fine.
Glen Harrington stated that a BOH letter to Lakeside Estates dated 12/23/09 was sent on the basis of an inspection that took place on 12/21-22/09. There were three violations noted at that time, one of which was for a sanitary code violation. The order was received by Anne Cropp on January 4, 2010 and 24 hours was given to repair the low water pressure. As of today, 1/27/10, there has been no communication received by the BOH that the water pressure has been increased or repairs have been done. Glen Harrington stated that today is the 19th day of noncompliance by Lakeside Estates, and requested that the Board members fine Lakeside Estates on a daily basis until the water pressure has been brought up to sanitary code #34 (310 CMR 410.750 A).
Lucy Burton made a motion to fine MEZ Realty Inc., owners of Lakeside Estates, $250 per day for the 19 days of noncompliance of water pressure in violation of sanitary code #34 (310 CMR 410.750 A), continuing on until the issue has been resolved. Kalliope Egloff seconded the motion. The motion was approved unanimously by the Board. The matter of the previously issued “show cause” for violations of the manufactured housing regulation were not addressed by Attorney Terry and no other representatives of MEZ Realty were present.
8:00 PM John Doyle – 14 Tuspaquin Road
John Doyle, of John Doyle Associates, introduced himself to the Board as representing Kelly Richenburg, owner of the property at 14 Tuspaquin Road. Mr. Doyle stated that he has been hired by the owners to upgrade the existing septic system, and is requesting the following three variances:
1) 15.211 SAS setback to property line from 10 feet to 5 feet
2) 15.211 SAS setback to cellar wall from 20 feet to 5 feet
3) 15.212 depth to ground water below the SAS from 5 feet down to 4.15 feet
Glen Harrington had the following comments:
1) Mr. Doyle will need a wiring permit for the pump and a permit for installation of the alarm system
2) The property line adjacent to the SAS should be staked prior to construction
3) The proposed Zabel filter on the outlet of the septic tank will require a cover brought up to grade which is securable and bondable
4) Mr. Doyle needs to provide specs for the Zabel filter which has to be cleaned annually
5) A check valve as well as a ball valve is required for the pump chamber
6) Town water must be connected to the property prior to issuance of the Certificate of Compliance
Lucy Burton made a motion to approve the variances as outlined on the plan provided by John Doyle for 14 Tuspaquin Road, with the conditions of abandonment of the property well and also the well at 15 Tuspaquin Road, and the six requirements as outlined above by Glen Harrington. John Doyle will need to send the BOH a cover letter, outlining the three variance requests. Kalliope Egloff seconded the motion. The motion was approved unanimously by the Board.
NEW BUSINESS
1. Sign Warrants. No warrants.
2. Approve Public Session Minutes of 1/13/10
Kalliope Egloff made a motion to approve as amended the minutes from the BOH meeting on January 13, 2010. Burton Kaplan seconded the motion. Lucy Burton recused herself from the vote. The motion passed.
Lucy Burton made a request of the Board, reminding them that when there are BOH session minutes to be approved from a previous meeting at which a full Board was in attendance, the approval of those minutes should not take place until and unless a full Board is present. Lucy Burton referenced the approval by the Board of the BOH minutes for the 12/23/09 meeting which she attended, but was not present at the 1/13/10 meeting when they were approved. Chairman Burton Kaplan noted the request and thanked her for the reminder.
3. Recycling Regulation
Burton Kaplan stated that the BOH is obliged to present the Recycling Regulation as an agenda item at Town Meeting, and the regulation needs to be re-formatted for consideration at that meeting. Burton Kaplan stated that the due date for submission is sometime next week, but we have been advised by the Town Manager that so long as the item itself has been submitted for consideration, the Board still has several weeks to further amend the document. Glen Harrington stated that he has started preparing a draft of the regulation in warrant format for Town Meeting.
Glen Harrington stated that the question was brought up by the Recycling Committee as to whether there should be some changes in the BOH regulation regarding the softening of the enforcement provisions. Glen Harrington stated that his response to the enforcement for the haulers is set by statute. The enforcement for the individual property owners regarding the recycling is also set by noncriminal disposition, which all the other by-laws in town have. The fine for violation of the regulation in its current form is up to $300 per day per infraction.
Discussion followed regarding the question as to who should be responsible for violation of the recycling regulation in a case where an individual throws recyclable items into a trash dumpster: should it be the individual, or the trash hauler who now has recyclable materials included in his trash? Kalliope Egloff expressed her feeling that there should be no fine unless it is clearly understood to whom the fine applies.
Glen Harrington stated that one of the Recycling Committee recommendations was that the enforcement should be for egregious situations, where there is some intent of violation of the regulation on a large scale, rather than getting down to a personal individual level. Glen Harrington added that the Recycling Committee was leaning toward the delaying of enforcement with fines for one or two years, with the intention of amending the implementation date for imposing fines in the regulation when it becomes necessary.
Lucy Burton stated her feeling that without any fee enforcement within the regulation, it has no strength. A fine “up to $300” could be as little as $1.00 or no fine at all. Lucy Burton also stated her feeling that it would be much easier to have the fine written into the original regulation rather than to go back to a future Town Meeting and hope to win approval of an amendment to the document.
Kalliope Egloff feared that the possibility of up to a $300 fine would sway voters against approval of the regulation.
Burton Kaplan asked Glen Harrington to prepare a revised recycling regulation draft to include his suggestions as to a phased implementation of enforcement, for review by the Board at the next meeting on February 10th, 2010.
OLD BUSINESS
1. Rental Property Housing Regulation
Glen Harrington asked for more time to meet with Leila Botsford of the Mashpee Housing Authority and Cindi Maule of the Fair Housing Act to clarify any issues they may have with the regulation. Glen Harrington stated his opinion that the regulation is not in conflict with the Fair Housing Act. Glen Harrington stated that Town Counsel Patrick Costello thinks there is a possibility that if the inspection is done by the BOH with stricter guidelines, causing a homeowner to choose not to put the property on the market to be rented by a Section 8 recipient, it could be construed as restricting access for someone under MRVP status, and they are considered a protected status. A formal opinion from counsel has not yet been received.
2. BOH Member Status
Burton Kaplan inquired about a new updated prioritized list of Board members sent by Veronica Warden to George Baker, with Lucy Burton listed as the primary Board contact followed by Burt and Kalliope. Glen Harrington stated that the list was sent out as an update to an outdated list. Members were listed in order of their longevity on the Board.
3. Simplification of the Haulers Reporting System
Burton Kaplan stated that he has been trying to develop a spread sheet that would simplify the reporting system by the refuse haulers, a system which he feels does not need to be so complicated. Glen Harrington will get a copy of an earlier spread sheet on the waste haulers’ activity prepared by Catherine Laurent.
DISCUSSION
1. Seasonal & H1N1 Flu Response Update
Glen Harrington stated that a huge opportunity exists for any adults to get FREE immunizations for HPV vaccine for women and men 19-26 years of age for adults 19 thru 64, Varicella vaccine for adults 19 and older, and Zoster vaccine for adults 60 years of age and older. For a limited time, the Mass. Dept. of Public Health (MDPH) has the above vaccines available for adults immunized at public sites. These vaccines are being purchased with American Recovery and Reinvestment Act (ARRA) funds and must be ordered by June 2010. Also, state-supplied hepatitis A and B, MMR and pneumococcal polysaccharide vaccines are available at no cost for adults immunized at public sites.
Glen Harrington stated that he has spoken to MRC and the VNA nurses who have offered their services to assist in the vaccine program. New software is available for pre-registration which will simplify recordkeeping and patient processing. Burton Kaplan asked Glen Harrington to run the consent forms specific for each vaccine by Patrick Costello, to ensure that the forms written to protect the VNA will also protect the Town of Mashpee.
Glen Harrington reported that if there is another wave of H1N1 and/or seasonal flu in the spring of 2010, the town will have adequate vaccine available to meet the need.
The next meeting of the Board of Health is scheduled for Wednesday, February 10, 2010, at 7 PM in Conference Room 3. As there was no further business, the meeting was adjourned at 9:50 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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