TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, April 14, 2010
Board Members Present: Absent: Also Present:
Burton Kaplan, Chairman Lucy Burton, Clerk Glen Harrington, Health Agent
Kalliope Egloff, Co-Chairman
Chairman Burton Kaplan called the meeting to order at 7:01 PM.
NEW BUSINESS
1. Sign Warrant. Board members signed the warrant.
2. Approve Public Session Minutes: 3/24/10
Approval of the BOH minutes from 3/24/10 was continued to the next BOH meeting with full Board attendance.
3. Variance Request – 48 Lovell’s Lane
Glen Harrington reported that work was in progress at 48 Lovell’s Lane, and that there was no longer a need for a variance approval from the BOH.
4. Request for 2010 Food Establishment Permit: Starfish Restaurant
Burton Kaplan reported that he had authorized the temporary opening of the Starfish Restaurant for several private functions, not open to the public. Veronica Warden, Assistant Health Agent, inspected the Starfish Restaurant on a number of occasions and found no problems to report.
Kalliope Egloff made a motion that the Board of Health approve the request for the 2010 Food Establishment Permit request for Starfish, with no conditions. Burton Kaplan seconded the motion. The motion was unanimously approved.
5. DPW Request Re: Recycling Committee
Glen Harrington reported that Catherine Laurent has requested that the Board of Health be represented on the Recycling Committee. Glen Harrington stated that the Recycling Committee meets at 4 PM in the afternoon, and he would be available to attend the Recycling Committee meetings as a BOH representative. The Board members agreed to have Glen Harrington represent the BOH at the Recycling Committee meetings.
6. Hazardous Waste Collection – Saturday, April 17th - Sandwich
Kalliope Egloff reported that there will be a hazardous waste collection on Saturday, April 17th from 9 AM to 1 PM at the Sandwich High School.
OLD BUSINESS
Kalliope Egloff made a motion to add 148 Sunset Strip to the agenda under Old Business. Burton Kaplan seconded the motion. The motion was unanimously approved.
1. 148 Sunset Strip – Stephen Doherty
Glen Harrington reported that all the required work at 148 Sunset Strip had been completed by 3/26/10, and the previous accumulation of fines therefore would revert to a single $500 fine. Stephen Doherty, owner of the property at 148 Sunset Strip, has requested that the $500 fine either be rescinded, or be payable in increments of $100 per week for the next five weeks.
Kalliope Egloff made a motion that the Board of Health offer a payment plan to Stephen Doherty, owner of the property at 148 Sunset Strip, to pay $100 per week for the next 5 weeks, to pay down the $500 fine issued by the BOH. Burton Kaplan seconded the motion. The motion was unanimously approved.
2. Blower Installed at 48 Fells Pond Road
Glen Harrington reported that Mr. Corwin of Waste Water Treatment Services stated that he was going to install an artificial rock as further insulation around the blower at 48 Fells Pond, but that has not yet happened. The property owner at 48 Fells Pond Road has stated that installation of the rock would cost $1000. Kalliope Egloff stated her feeling that a more open communication between the abutter and the owner at 48 Fells Pond would be very helpful in resolving the impasse between the two parties. The Board agreed to keep the topic open as a follow-up issue.
3. 14 Coombs Lane
Glen Harrington stated that he has heard nothing further from the homeowner at 14 Coombs Lane, so as of now the daily fines are continuing to accrue. Kalliope Egloff asked that Glen Harrington send a note to the owner of the property at 14 Coombs Lane, reminding him of that fact.
4. Potential Installation of Solar Panels at Transfer Station
Burton Kaplan stated that the BOH has jurisdiction over the property at the Transfer Station, which is the extent of the involvement by the BOH in the proposal to install solar panels at the site. Glen Harrington stated that installation of the panels will not penetrate the barrier, because the property is not as steeply sloped as other landfills that have installed solar panels. Glen Harrington has conferred with a contractor for one of the landfills where panels were installed, as well as with DEP, and has received positive feedback as far as the type of installation that could be done. Because the slope is not steep, the panels would not have to be mounted or secured to the ground with any type of base. Glen Harrington stated that GIS Coordinator Tom Mayo, DPW Director Catherine Laurent, and Town Manager
Joyce Mason have been assigned to an Energy Committee, and Tom Mayo is in charge of the project. Glen Harrington stated that if the project is approved, the BOH will need to approve the post closure requirements of the panels that were in place when the landfill was capped. Glen Harrington stated that a Power Purchase Agreement is being considered, which states that there is zero initial cost to the town. It is not considered a lease by the Attorney General, so that when a contractor comes in, the town is merely giving him the right to design and install and provide power. Profits from the project would go to the contractor until his costs are covered, and at that point the town will take over and revenue generated will go the town’s general fund.
5. Pesticide/Herbicide Spray by NStar
Glen Harrington stated that NStar puts out a vegetative management plan, and is federally mandated to send out a yearly operating plan. Glen Harrington stated that he has a copy of the 2010 NStar Operating Plan. The Cape Cod Commission has stepped in on behalf of those towns that are being scheduled for spraying and are requesting a one year delay in the spraying so that the towns can look at areas of community wells and private wells to ensure that there are areas that NStar has identified correctly. Glen Harrington stated that when Mashpee is scheduled for the spraying two years down the road, our two primary concerns will be identifying private well locations and areas where town water is provided where the easements go through.
6. Composting
Kalliope Egloff reported that Anne McGovern is holding nighttime and weekend composting classes, and was interested to determine whether Ms. McGovern could come to Mashpee to get some information out about the subject. Kalliope Egloff stated that there are a lot of inexpensive composting options available and it is a good way to augment the earth. Glen Harrington stated that he has contacted Ms. McGovern with an invitation to come to Mashpee, but has not heard back from her. Glen Harrington stated that we will need to find a presentation location for Ms. McGovern.
7. Expanded Bottle Bill
Burton Kaplan read a letter from the Board of Health to the Board of Selectmen, dated 3/10/10, which states: “On March 10, 2010, the Board of Health reviewed the proposed Bottle Bill Expansion under consideration. The expanded bottle bill will be extending nickel deposits to water, juice, energy drink and sport drink bottles which now represents over 30% of the beverages sold in Massachusetts and are the fastest growing segment of the beverage industry. The Board of Health voted to send a letter of support to the Board of Selectmen by a vote of two to one. The Board believes that the expanded bottle bill will increase recycling and decrease litter, thereby providing a savings to the town due to decreased refuse into the waste stream and labor costs to clean up the litter. The Board also recommended
that funds from the bill hit Fast, to support the Massachusetts Waste Water abatement trust.” Burton Kaplan stated that, notwithstanding his own personal opinion, as Chairman of the Board of Health, he would sign the letter. Kalliope Egloff signed the letter, and Glen Harrington will follow up with Lucy Burton to obtain her signature on the letter as well.
8. Unwanted Pharmaceuticals in Our Water
Burton Kaplan commented on the April 2010 issue of National Geographic which deals with the subject of water as well as pharmaceuticals in our water.
9. Trash Collection
Glen Harrington stated that town-wide, we are still working on education regarding trash collection. Glen Harrington reported that he has signed up for a Webinar.
Burton Kaplan asked whether the BOH should be doing anything prior to the next Town Meeting in October if the Board is to propose the mandatory recycling enforcement regulation.
Kalliope Egloff reported that one of the primary objectives of eligibility for a possible grant through the DEP is to appoint a Mandatory Recycling Enforcement Coordinator. Glen Harrington stated that he has forwarded information about the grant to DEP Director Catherine Laurent.
10. Woody Vegetation and other Issues at the Landfill
Burton Kaplan requested that Glen Harrington ask Catherine Laurent to ensure that these issues be taken care of before the next Weston & Sampson inspection in May so that these issues are not reported again to the Board of Health.
DISCUSSION
1. E-Cigarettes – FYI
Burton Kaplan stated that e-cigarettes and other non-tobacco nicotine products have been discussed in the Boston Globe and the Cape Cod Times but based on the fact that the federal authorities claim that they have no jurisdiction over these products, the BOH has been reluctant to regulate their sale in the town of Mashpee. Burton Kaplan stated further that the more we learn about these non-tobacco products, there is cause for concern in that they are cancer-causing. Glen Harrington has stated that because the products are cancer-causing, the BOH does in fact have the authority to regulate their sale to minors by a simple modification to the existing BOH Tobacco Regulation. Kalliope Egloff stated that she would like to have Lucy Burton’s opinion on the subject before the Board decides to take this step, and emphasized
again the importance of education, and communication with the superintendent of schools, the chief of police, and town counsel to ensure that there is a clear understanding about what the Board of Health is considering.
Glen Harrington commented that he has heard nothing about what other Cape Town Boards of Health are considering regarding the control of these products. Kalliope Egloff stated that it would be interesting to have some communication with the Massachusetts Health Officers Association, Tobacco Control, and Department of Health Environment to determine what they are thinking and/or doing about these non-tobacco products before the Board takes any action. Glen Harrington agreed to look into what if any action is being considered on the state level.
Burton Kaplan stated that further discussion would take place on the subject when a full board is present.
2. Family Food Festival
Glen Harrington stated that Connie Baker, who is putting the event together, provided a list of the vendors who will be participating, and many of the organizations already have Mashpee Temporary Food Permits, but many do not. Those who do not have temporary food permits will be coming to the BOH to apply. The Board agreed to have Glen Harrington’s office handle the issuing of the permits and Glen will provide a comprehensive list to the Board of all the vendors who will be participating in the food festival.
Kalliope Egloff made a motion that the Board of Health move into Executive Session, not to return to the Public Session, for the purpose of discussing ongoing litigation issues. Burton Kaplan seconded the motion.
Role Call Vote: Burton Kaplan, yes; Kalliope Egloff, yes.
The motion was unanimously approved. The public session was adjourned at 8:04 PM.
Respectfully submitted,
Ina G, Schlobohm
Recording Secretary
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