TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Mashpee Town Hall – Conference Room 3
Minutes of the Meeting of Wednesday, September 15, 2010
Board Members Present: Also Present:
Kalliope Egloff, Chairman Glen Harrington, Health Agent
Lucy Burton, Co-Chairman
Burton Kaplan, Clerk
Chairman Kalliope Egloff called the meeting to order at 7:01 PM.
APPOINTMENTS
7:15 Public Hearing - Amendments to Septic Inspection Regulation
The Board members reviewed and made further amendments to the draft Amendment to the Septic System Inspection Regulation.
Lucy Burton made a motion to approve the Amendment to the Septic Inspection Regulation as printed with the addition of the requirement to replace septic tanks that are installed prior to 1980. Burton Kaplan seconded the motion. The motion was unanimously approved.
7:30 Gibbs Rubbish Removal – “Show Cause” Hearing - Failure to Comply with Refuse Regulation
Glen Harrington stated that on Tuesday, 8/11/10 he witnessed a DMG Enterprises, Inc. (d/b/a Gibbs Rubbish Removal) packer truck servicing residential refuse barrels at 129 Paddock Circle in New Seabury. Therefore, Gibbs Rubbish Removal is hauling refuse in Mashpee without a BOH-issued permit which is a violation of MA. General Law Chapter 111 section 31A.
Glen Harrington added that Gibbs Rubbish Removal is disposing of Mashpee commercial refuse at a waste facility not approved by the BOH, which is in direct violation of the Mashpee Board of Health “Refuse Regulation”. The regulation states that no refuse loads may be disposed of at any site other than one approved by the BOH. Glen Harrington sent a Notice of Non-Compliance - Refuse Regulation to DMG Enterprises, Inc. dated 8/23/10, with an order to appear at a BOH “Show Cause” hearing on 9-15-10.
Tammy Gibbs and Eileen Fitzpatrick from Gibbs Rubbish Removal introduced themselves to the Board. Glen Harrington stated that in 2006 Gibbs Rubbish Removal sent in an application for a trash hauling permit and a check for $500 but did not provide the required $1000 bond. Glen stated that the BOH sent Gibbs Rubbish Removal a letter asking them to provide the bond, but they did not follow up on the request. Therefore, Gibbs Rubbish Removal has been hauling refuse in Mashpee without a BOH-required permit since 2006. Ms. Fitzpatrick stated that they have only two customers in Mashpee and that they may be discontinuing doing business with them. The Board informed Ms. Fitzpatrick that even though they may have no customers in Mashpee, a permit still would be required by Gibbs Rubbish Removal if their trucks were
traversing through Mashpee.
Ms. Fitzpatrick was reminded also that the Mashpee DPW requires monthly reports with information as to tonnage of trash as well as recyclables that are deposited at the UCRTS.
Lucy Burton made a motion to fine Gibbs Rubbish Removal $1000 for hauling trash without a license in Mashpee, with a deadline date of 9/29/10 either to become licensed or to cease and desist their trash hauling operation within the Town of Mashpee. Burton Kaplan seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Approve Public Session Minutes: 7/28/10, 8/11/10, 8/25/10
Burton Kaplan made a motion to approve as amended the Public Session minutes of 7/28/10. Lucy Burton seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion to approve as amended the Public Session minutes of 8/11/10. Lucy Burton seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion to approve as amended the Public Session minutes of 8/25/10. Lucy Burton seconded the motion. The motion was unanimously approved.
3. Electronic Filing Regulation – Draft
The Board agreed to continue discussion of the Electronic Filing Regulation draft until the next Board of Health meeting on 9/29/10.
OLD BUSINESS
Revised Tobacco Regulation
Robert Collett, Director of the Cape Cod Regional Tobacco Control Program, Division of Barnstable County Health and Environment since 1995, and C.J. Wilson from MMA, an attorney who provides technical assistance to all the towns in Massachusetts relative to tobacco issues, introduced themselves to the Board. C.J. Wilson stated that he had reviewed the proposed BOH tobacco regulation and discussed in detail his comments and recommendations for amendments to the draft.
Jim Sullivan, from the Mashpee Commons Tinder Box, introduced himself to the Board, and distributed samples of e-cigars for examination by the Board members.
Glen Harrington stated that the Cape & Islands School Nurses were being provided the information presented by Robert Collett at the BOH meeting tonight.
Tony Pizzo, a Mashpee resident and musician who performs in local entertainment establishments, introduced himself to the Board. Mr. Pizzo stated that he personally is using e-cigarettes as a smoking cessation tool. Mr. Pizzo stated that his biggest issue with the proposed BOH tobacco regulation is the banning of e-cigarettes from public places, since they do not emit second hand smoke. Mr. Pizzo urged the Board not to prohibit the use of e-cigarettes from public places.
Glen Harrington stated that he will recommend having two separate regulations, one for retail sales and one for work place and public places, and will present draft regulations for each at the next BOH meeting.
DISCUSSION
1. Popponesset Marketplace Refuse Complaint – 259 Shore Drive
Glen Harrington stated that there had been complaints from Popponesset residents about the noise as well as odors from the three trash and three recycling dumpsters provided by Cape Waste that are located at Popponesset Marketplace. According to the Popponesset Marketplace operations manager, as of Monday, 9/13/10, the dumpsters were emptied and deodorized. Glen Harrington stated that Chris Burden, owner of the marketplace property, said that Cape Waste was very careful about the trash and recycling that occurred on the property, and that this was the first complaint received. Glen Harrington’s recommendations were to let the operation stay as it is, and make sure there is no nuisance. The Board cannot tell Chris Burden how to mitigate the nuisance but can continue to monitor the situation and cite as
necessary. Glen Harrington stated that DEP’s opinion may be to relocate the entire trash and recycling operation away from the small commercial property.
Glen Harrington stated that Chris Burden has been invited to attend the next Board of Health meeting on 9/29/10. Further discussion of the issue was continued to that date. Glen will send a copy of the refuse regulation to Mr. Burden for his review.
2. Cape Cod Baseball Camp
Glen Harrington stated that he had put a Cease and Desist order on a baseball camp that was running at Heritage Park that did not have a BOH permit. The camp is run by Steve Almonte of Cape Cod Baseball Club, Inc. of Bourne, MA, who had submitted an application to the Mashpee Recreation Department. However, the activity is not sponsored by that department, and therefore it is not exempt from adhering to State camp regulations. Glen Harrington stated that Mr. Almonte had stopped by the BOH on Monday, 8/16/10, saying that he had notified all 20 campers of the postponement of the camp for one week until his required paperwork is organized. Glen Harrington stated that Mr. Almonte was charged a double permitting fee for late submittal.
Glen Harrington also noted that he had given notice to the Town Manager/Selectmen’s Office in the event that 20 angry parents call and complain about the cease and desist ruling.
3. DEA-Sponsored Medication Take-Back Day, September 25, 2010
Glen Harrington stated that he has not heard anything from the Mashpee Police Department as to whether they were going to sponsor a medication take-back day program on 9/25/10. Glen stated that he had offered the services of the BOH to assist with the program but has not received any response. Glen stated that he will follow up tomorrow with a phone call to the Chief of Police.
4. Civil Matter at 48 Santuit Pond Road – FYI
Glen Harrington distributed to the Board members a copy of a letter delivered to the Town Clerk’s office from Mr. Timothy Mahoney regarding a civil matter at 48 Santuit Pond Road. Glen stated that there was no discussion required by the Board at this time.
Lucy Burton made a motion to adjourn the BOH Public Session and enter into an Executive Session, not to return to the Public Session. Burton Kaplan seconded the motion.
Roll Call Vote: Lucy Burton, yes; Burton Kaplan, yes; Kalliope Egloff, yes. The motion was unanimously approved.
The Public Session was adjourned at 9:15 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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