TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, February 16, 2011
Town Hall – Conference Room 3
Board Members Present: Member Absent: Also Present:
Kalliope Egloff, Chairman Lucy Burton, Co-Chairman Glen Harrington, Health Agent
Burton Kaplan, Clerk
Chairman Kalliope Egloff called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 – Cape & Islands Engineering – 10 Popponesset Island Road
John Slavinsky of Cape & Islands Engineering introduced himself to the Board.
Glen Harrington gave background on the appointment, stating that an enforceable agreement was placed on the property due to a variance from the BOH Cesspool Regulation. The enforceable agreement was signed on 10/18/10 with a date of 2/01/11 to complete the septic system with the Certificate of Compliance issued. One of the Board’s requirements to issue a septic permit was to receive a legal opinion to install the SAS in a right-of-way. The legal opinion was received by the BOH office on 1/19/11. The septic permit was obtained on 1/20/11. John Slavinsky was requesting a 3/31/11 enforceable agreement extension date.
John Slavinsky outlined the reasons for the need for an extension of time:
1) The new owner/all contractors were not allowed on the property after the sale for a period of one month
2) Once Ron’s Excavating was allowed onto the property, their Cape & Islands plan was drawn not knowing where the utilities, water service line or pipe for the septic system were coming out of the house.
3) Once contractors were allowed on site with the owner they determined the septic pipe was in the wrong area. The plan was revised to show the new water service and septic pipe. An application was filed with the Conservation Commission to obtain approvals to move the silt fence and service lines.
4) Inclement weather conditions and amount of frost in the ground delayed work
5) Owner was out of the country due to a family hardship
John Slavinsky stated further that currently there is no one living in the house as the water service has been shut down for the winter. Mr. Slavinsky is requesting an extension to 3/31/11 to allow time for Ron’s Excavating and other contractors to perform their services.
Burton Kaplan made a motion that the date for completion of installation of the new septic system at 10 Popponesset Island Road be amended to February 28, 2011, and that in the absence of that happening, a $500 fine be assessed. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:30 – Nauset Disposal – 2011 Refuse Haulers Permit
Eric Oliver, Operations Manager of Nauset Disposal, introduced himself to the Board.
Glen Harrington stated that this is a new, first-time application for Nauset Disposal. The company has a very good reputation down-Cape; they have the municipal contract for Barnstable and also provide recycling services there. The BOH sent a letter to Nauset Disposal due to the company’s operating in Mashpee without a license. The company had dumpsters at Jiffy Lube on Route 28. Glen reported that on 1/27/11 he met with Joyce Mason, Catherine Laurent, Shaun Delude, owner of Nauset Disposal, and Eric Oliver, Operations Manager, to discuss the lack of enforcement of haulers that are not using UCRTS. Nauset Disposal is now requesting a Mashpee Refuse Hauler’s permit for 2011 and has paid the $500 application fee and provided the $1,000.00 bond.
Eric Oliver stated that he was unaware that Jiffy Lube was in Mashpee, and not Barnstable, where his company has a refuse hauler’s permit. At this point in time, Jiffy Lube is his only customer in Mashpee. Eric Oliver stated that he is knowledgeable about all that is required of a licensed refuse hauler in Mashpee, and is aware that the dynamics are going to change over a period of time. Burton Kaplan asked Mr. Oliver about his marketing plans for attracting new customers in Mashpee. Mr. Oliver stated that he will offer single stream recycling, fair pricing, safe drivers and safe equipment, and excellent customer service.
Burton Kaplan made a motion that the Board approve the 2011 Refuse Haulers Permit submitted by Nauset Disposal. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7:45 – Bistro Three Six, LLC – 2011 Food Establishment Permit
Burton Kaplan made a motion that the request for a 2011 Food Establishment Permit submitted by Bistro Three Six, LLC, be approved, subject to inspection by the Mashpee Health Agent prior to issuance of the permit. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Burton Kaplan requested that Glen Harrington confirm that Barbara J. Hatzmann is the owner of the Bistro Three Six, LLC establishment.
NEW BUSINESS
1. Sign Warrants - There were no warrants.
2. Approve Public Session Minutes of 10/27/10, 02/02/11
Burton Kaplan made a motion that the Board approve, as amended, the BOH Public Session minutes of 10/27/10. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion that the Board approve, as amended, the BOH Public Session minutes of 02/02/11. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Executive Session minutes of 02/02/11 will be reviewed at the next BOH Executive Session.
3. Review of Draft Refuse Regulation
Discussion of the draft Refuse Regulation was deferred to the next meeting with full Board attendance.
(New Business, Continued)
4. Review of Site Assignment Regulation Draft
Discussion of the Site Assignment Regulation draft was deferred to the next meeting with full Board attendance.
5. BOH Regionalization Planning Grant
Glen Harrington reported that George Heufelder, Director of the Barnstable County Department of Health & Environment, would like to submit a bid to receive a grant for regionalization planning. The planning grant is just the first step; there will be an implementation grant to follow and only those towns that participate in the planning can participate in the implementation.
Glen Harrington stated that many of the Cape Boards are quite skeptical about the idea, and stated further that there is going to be a problem with the Charters, because some towns have Charters, and some towns have the original statute under which the BOH is organized. Glen stated that when it comes to regionalization, it is the Western Massachusetts towns that actually need the shared help. Glen felt that there should be a study done with the way Barnstable County does it with the Cape & Islands and Boards of Health because there are 21 towns and 21 Boards of Health that are being supported by Barnstable County. Glen stated his feeling that this grant is for smaller towns in mid-and western MA to create what we have already: a non-regulatory support structure that has the dedicated mission, expertise and
equipment to augment the local Boards of Health. Glen stated his belief that the state would spend its money more wisely by studying the Barnstable County model and its relationship with the Boards of Health of the Cape & Islands.
Burton Kaplan made a motion that the Board decline to participate in the Barnstable County Health & Environment regionalization grant. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Tobacco Regulation
Glen Harrington stated that the BOH needs to make some policy decisions on the enforcement part of the regulation, but would like to have input from the full Board. Glen Harrington stated that he will send his recommendations via email to the Board for review and final approval of the regulation at the next BOH meeting.
2. Paperwork Reduction Electronic Regulation
Glen Harrington reported that he has incorporated recommended changes from Tom Mayo to the draft, and will send the revised draft via email to the Board members.
3. 2011 Fee Schedule
Discussion by the Board members ensued regarding a philosophic understanding and agreement as to how BOH fees should be set. Glen Harrington will email his recommendations on the fee schedule to the Board members prior to the next BOH meeting scheduled for 3/09/11.
HEALTH AGENT’S UPDATE
1. Vehicle Fleet Service. Glen Harrington stated that the Town Manager is trying to move toward a Town Hall vehicle fleet service, where departments no longer have exclusive use of their own vehicles. The change just took place, and there will be a transition period, working with departments to refine the new process. Glen stated that it definitely is going to make it more difficult for departments to get their work done. In the case of the BOH, necessary supplies used for field trips and stored in the BOH vehicle will now have to be carried out from the office to the vehicle and then removed after each field trip. Each time a vehicle is taken out, a required form will need to be completed.
Kalliope Egloff noted that the BOH is the only department that has emergency services, a very important factor to be taken into consideration. Glen Harrington stated that Veronica Warden is now documenting her time spent outside the office requiring the use of a vehicle. Taken together, these two issues should render the BOH exempt from having to participate in the fleet service requirement. Burton Kaplan stated the Board needs to establish that at some fixed point in time, there will need to be an opportunity for the BOH to present its case to the Town Manager.
2. “Show Cause” Letters to Haulers. Glen Harrington stated that the BOH recently sent out “Show Cause” letters to four haulers because they were in arrears. Three of the four have taken care of the arrears, and the fourth hauler, Carl Cavossa, expects to take care of his by 2/09/11.
3. New Phone System at Town Hall. Glen Harrington announced the installation of a new phone system at Town Hall. The Board of Health direct phone number is now (508) 539-1426. The main number, (508) 539-1400, remains the same. Glen stated that individual extension numbers will be assigned to each Board of Health staff member.
DISCUSSION
1. Community Smoking. Glen Harrington reported that the Community Fact Sheet, updated by the MA. Dept. of Public Health Tobacco Cessation and Prevention Program has sent an update on their data for the Town of Mashpee. Glen stated that he sent a letter of intent to Bob Collett, Director of the program, confirming that the Mashpee BOH wishes to continue to receive Tobacco Control sting operations through the next contract period. Glen reported that the last Mashpee sting operation recently conducted by the prevention program came up with no violations of tobacco sales to minors.
2. Town Meeting Article. Glen Harrington reported that the town meeting article has been submitted for approval to fund the repair of the damaged/missing wells at the Transfer Station.
3. DPH Indoor Air Quality Report. Glen Harrington stated that he was satisfied, after a follow-up investigation of a complaint by a parent that there was an air quality problem at the Mashpee High School, that any existing problems had been taken care of, and that there was no chronic problem of existing molds at the school.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, March 9, 2011, at 7:00 PM, Mashpee Town Hall. As there was no further business, the meeting was adjourned at 8:30 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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