TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, March 24, 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 7:10 PM.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session Minutes: March 10, 2010
Kalliope Egloff made a motion that the Board approve as amended the Public Session minutes from the BOH meeting on 3/10/10. Lucy Burton seconded the motion. The motion was unanimously approved.
3. Variance Request – 5 Industrial Drive – Cape Cod Healthcare/Mashpee Medical
David Michniewicz, P.E. from Coastal Engineering, introduced himself to the Board as representing Cape Cod Healthcare. Mr. Michniewicz stated that because Cape Cod Healthcare has no plans to construct a second building on the property, he is seeking a variance to allow expansion of the soil absorption system (SAS) and for relief from PART IX, Section 5.4 of the BOH regulation that states, “In all industrial and commercial buildings, the reserve leaching area will be developed at the same time as the primary area and a valve will be installed in such a manner to allow the alternate use of the leaching facilities”. He further reported that Mass. Department of Environmental Protection (DEP) has agreed that the property can be removed from the GWDP Program if the SAS is expanded to accommodate the design flow using
the effluent loading rates specified in Title 5. David Michniewicz stated that Cape Cod Healthcare is requesting the variance to allow expansion of the soil absorption system without having to construct the reserve leaching facility. David Michniewicz stated that the existing sewage treatment system will continue to be operated and, in his opinion, the quality of the treated effluent is justification for not needing to construct the reserve leaching facility. A Sewage Disposal System Upgrade Plan, dated 3/17/10, was distributed by Mr. Michniewicz to the Board for review.
Lucy Burton made a motion that the Board approve the plan presented by Mr. Michniewicz as well as the variance request , with the following conditions: that quarterly testing of the system will be conducted, and a downgradient well will be sampled quarterly for total nitrogen. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Tobacco Violation - Access Auto, Too (Mashpee Shell), 135 Main Street
Glen Harrington reported that on 3/14/10 the Cape Cod Regional Tobacco Control Program performed a compliance check by having a minor attempt to purchase cigarettes at the above retail store (“sting operation”). The clerk made the sale, therefore violating the BOH Smoking Regulation. Part XIII Section 10 (b) of the regulation references the sale to a minor as a violation. This is the facility’s second violation, the first having occurred on 2/13/05. A fine of $100 was paid at that time. Glen Harrington recommended that the Board issue a fine of $200.00 for a second offense.
Lucy Burton made a motion that the BOH fine Access Auto, Too (Mashpee Shell) $200.00 for a second offense of the Board of Health Smoking Regulation, Part XIII Section 10(b), sales to a minor. Kalliope Egloff seconded the motion. The motion was unanimously approved.
5. Tobacco Violation – Johnny’s Tune & Lube, 723 Falmouth Road
Glen Harrington reported that on March 14, 2010 the Cape Cod Regional Tobacco Control Program performed a compliance check by having a minor attempt to purchase cigarettes at the above retail store (“sting operation”). The clerk made the sale, therefore violating the BOH Smoking Regulation. Part XIII Section 10 (b) of the regulation references the sale to a minor as a violation. This is the facility’s second violation, the first having occurred on 11/09/05. A fine of $100 was paid at that time. Glen Harrington recommended that the Board issue a fine of $200.00 for a second offense.
Lucy Burton made a motion that the BOH fine Johnny’s Tune & Lube, 723 Falmouth Road, $200.00 for a second offense of the Board of Health Smoking Regulation, Part XIII Section 10 (b), sales to a minor. Kalliope Egloff seconded the motion. The motion was unanimously approved.
6. Tobacco Violation – Seabury Spirits
Glen Harrington reported that on March 14, 2010 the Cape Cod Regional Tobacco Control Program performed a compliance check by having a minor attempt to purchase cigarettes at the above retail store (“sting operation”). The clerk made the sale, therefore violating the BOH Smoking Regulation. Part XIII Section 10 (b) of the regulation references the sale to a minor as a violation. This is the facility’s first violation. Glen Harrington recommended that the Board issue a fine of $100.00 for a first offense.
Lucy Burton made a motion that the BOH fine Seabury Spirits $100.00 for a first offense of the Board of Health Smoking Regulation, Part XIII Section 10 (b), sales to a minor. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7. New Beach Regulation
Glen Harrington distributed copies of the amended beach regulations for 2010 received from the Massachusetts Dept. of Public Health, Bureau of Environmental Health (MDPH/BEH). Glen Harrington stated that the county is offering to act as agent of the Board of Health to handle the program for the towns at no charge for the first year. The basic requirement is that an Application for Permit to Operate a Bathing Beach must be completed by each of the beach operators which contains essentially the same information the county uses when they sign up the beaches. The state has recommended that a fee be charged, but the county has stated that if the BOH wishes to charge a fee, then the local BOH would have to oversee the program. Glen stated that the county is not set up to charge a fee at the present time. The county currently does the testing, does the reporting, handles the data base and most of the Dept. of Public Health correspondence, while the BOH is responsible only for
necessary closings and reopenings of the beaches, and providing any necessary signage at those times.
Lucy Burton made a motion that the Board of Health authorize the county to act as the agent for the Town of Mashpee for handling the Application for Permit to Operate a Bathing Beach, and for the operation of public bathing beaches in the Town of Mashpee. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Recycling By-Law
Glen Harrington reported that Town Administrator Joyce Mason had suggested to him last week that the BOH withdraw the recycling article from the town warrant, stating that she had heard about a lack of communication from the Selectmen, the Finance Committee, and from one of her own staff members. Joyce Mason felt that if the article were adopted, it would have to be enforced by the police department, which
was not aware of the article and that rather than have it defeated at Town Meeting, it would be best to withdraw the article at this time. Ms. Mason felt that the lack of support from Town Hall was because of strategic rather than philosophical differences, and that mandatory recycling may still be possible this year.
Burton Kaplan stated that there was some question as to whether the withdrawal of the BOH-proposed article from the town warrant for the May Town Meeting should more properly have been done at a BOH meeting. However, in order to meet the Selectmen’s timetable, the Board of Health could not meet formally, and so each of the Board of Health members communicated independently their thoughts on the subject to Glen Harrington, and as Chairman he had authorized the withdrawal. Burton Kaplan suggested that it would be appropriate at the BOH meeting tonight for the Board members to validate the action taken last week.
Lucy Burton made a motion that the Board of Health withdraw the recycling by-law proposal from the Town warrant for the May 2010 Town Meeting. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion that 50 Riverside Road be added to the meeting agenda. Kalliope Egloff seconded the motion. The motion was unanimously approved.
2. 50 Riverside Road- Request to Amend Enforceable Agreeement
Glen Harrington reviewed the background information regarding 50 Riverside Road. On August 26, 2009, the BOH reviewed the 50 Riverside Road application for a variance to the BOH cesspool regulation. The Board voted to approve the variance application subject to the owner of the property entering into an enforceable agreement stating that the Title V design plan would be submitted within 45 days from the date of property transfer, and that the septic system would be installed within 180 days of the property transfer. The enforceable agreement was drawn up and signed September 5, 2009. The property was reportedly transferred on September 25, 2009. On November 10th
2009, Glen Harrington approved the septic design plan for the septic system that would replace the existing cesspool. The final date for the installation of the septic system and the issuance of the Certificate of Compliance was set for 3/25/10. Glen Harrington stated that as of 3/24/10 the septic design plan had been approved, but deferred to the property owner to speak to the status of where the permitting of the property currently stands.
David Liimatainen introduced himself to the Board as the property owner at 50 Riverside Road. Mr. Liimatainen stated that his plan is to relocate the existing dwelling on the property for re-use as a storage/out-building, to construct a new three-bedroom dwelling, and install the septic system for the proposed dwelling after the foundation and building shell is completed. Mr. Liimatainen was informed by the BOH that the occupancy permit would be withheld until all permits and inspections are completed, including approval from the ZBA to move the existing dwelling. The date for ZBA approval for the building permit is 4/24/10. Mr. Liimatainen stated that he plans to sell his house in New Hampshire in July, and by September have the foundation and building shell completed at 50 Riverside Road. The
septic system would be installed some time in November 2010 or, at the latest, in the spring of 2011. Mr. Liimatainen stated that he does not want to install the new septic system until after the foundation and building shell for the new dwelling are completed.
Lucy Burton made a motion that the Board of Health approve the variance request from Mr. Liimatainen for an extension/modification of his enforceable agreement with the BOH, with the following conditions:
1. The existing structure shall be considered condemned (no water is provided).
2. The existing cesspool shall be abandoned within 30 days of receipt by Mr. Liimatainen of a BOH decision letter.
3. The existing bathroom within the dwelling shall be removed within 30 days of receipt by Mr. Liimaatainen of the BOH decision letter.
4. A fine of $500.00 shall be paid within 10 days of receipt of the BOH decision letter for failure to comply with the enforceable agreement dated 9/05/09.
Kalliope Egloff seconded the motion. The motion was unanimously approved.
Kalliope Egloff made a motion to add 148 Sunset Strip to the agenda. Lucy Burton seconded the motion. The motion was unanimously approved.
3. 148 Sunset Strip Update
Glen Harrington stated that due to the recent excessive rainy weather conditions, the installation of the septic system at 148 Sunset Strip had been delayed, but that ground was broken today. Glen stated that the system should be installed by the end of the week, and recommended that the Board give an extension of the previous deadline for completion of the septic installation from 3/24/10 to 3/26/10.
Lucy Burton made a motion that the Board grant an extension of the deadline for installation of the new septic system and issuance of the certificate of compliance at 148 Sunset Strip from 3/24/10 to 3/26/10. If the system installation is completed by 3/26/10, the fines will be reduced to $500.00. If, however, the deadline date of 3/26/10 for installation is not met, the fines per day will be resumed. Kalliope Egloff seconded the motion. The motion was unanimously approved.
DISCUSSION
1. E-Cigarette Article
An article appearing in the Cape Cod Times states that the New Hampshire House has passed a bill barring electronic cigarette use by minors. Under New Hampshire law, it is illegal to sell tobacco to minors and for minors to buy, possess or use tobacco products. However, the Federal Food and Drug Administration does not regulate electronic cigarettes. A federal judge ruled in January 2010 that the FDA lacked jurisdiction over electronic cigarettes as drugs.
Burton Kaplan stated that he is reluctant to have the BOH regulate a product over which the FDA lacks jurisdiction. Kalliope Egloff suggested that the Board have a round table discussion or an open meeting, inviting representatives from the Mashpee school district and the school committee to have a conversation about educating our minor residents about the hazards of using e-cigarettes and other non-tobacco nicotine products.
The Board requested that Town Counsel be asked to render an opinion as to whether the Board of Health has jurisdiction over the use of non-tobacco nicotine products.
2. Excess H1N1 Flu Vaccine Supply – FYI
Glen Harrington reported that the town has an excess supply of H1N1 flu vaccine enough to handle the fall clinics. The expiration dates on the vaccines are April, May, and June of 2011. Glen is inquiring as to whether the manufacturer can make the next seasonal flu vaccine dosage without the H1N1, which is supposed to be included in the fall flu dosage.
Lucy Burton made a motion that the Board of Health close the Public Session and enter into the Executive Session, not to return. Kalliope Egloff seconded the motion.
Role Call Vote: Lucy Burton, yes; Kalliope Egloff, yes; Burton Kaplan, yes.
As there was no further business, the Public Session was adjourned at 8:25 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
attachment
| 
