Town of Mashpee
16 Great Neck Road N.
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Mashpee Town Hall – Meeting Room 1
Minutes of the Meeting of Wednesday, March 23, 2011
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 7:00 PM.
APPOINTMENTS
7:15 PM - Mike Maguire – Presentation on Unwanted Medication Disposal
Mike Maguire introduced himself to the Board, stating that he was an employee of the Cape Cod Cooperative Extension, a Barnstable County department. Mike stated that his job for the county is to operate several different household hazardous waste programs. Mike stated that he organizes all hazardous waste collections on Cape Cod and is responsible for sharps container distribution programs free to the towns, and mercury collections programs. As a result of the many phone calls received regarding inquiries about proper disposal of unwanted medications, the county created an education program to address the proper disposal process. Mike Maguire proceeded with his presentation of the big picture of Unwanted Medication Disposal and how it applies to Cape Cod.
1. Origin of Pharmaceutical Dilemma. There are two different concerns about unwanted medications: law enforcement, and environmental.
2. Law Enforcement Concerns. The use of pharmaceuticals, both prescription and over-the-counter, is exploding, and is an easy target for illegal use.
3. Environmental Concerns. Harmful chemicals are being disseminated into the water supply through disposal of leftover medications being flushed down the toilet.
4. Fundamental Federal Problem. DEA is responsible for preventing the illegal diversion of unwanted medications; EPA is responsible for providing guidelines for protecting the environment from pharmaceutical contamination. The DEA strict guidelines conflict with the EPA concerns, thus creating a problem at the federal level.
5. Local Consequences. If the local agencies wait until the federal agencies provide guidelines, we are sitting on an emerging and growing problem.
6. Disposal. Cape Cod is particularly vulnerable to contamination of the groundwater supply due to the widespread use of onsite septic systems and wells. Septic systems were designed to destroy bacteria, not complex chemicals. Wells must be tested on a regular periodic basis.
7. Police-Sponsored Drug Collection. The current DEA regulation allows only for law enforcement agents to conduct community-wide take-back drug programs. There must also be a pharmacist present to inventory, sort and track each one of the pharmaceuticals collected.
Drug take-back events can be a valuable way for communities to safely dispose of unwanted medicines, but they are expensive for towns to administer.
Drugs are broken into three categories: noncontrolled drugs which can go into the trash; controlled substances which can go through a witness burn program which the police dept. or SEMASS can oversee; and hazardous drugs. DEA sponsored an Amnesty Day for collection of hazardous drugs in September, 2010 where the DEA provided boxes to any community wishing to participate, with no required pharmacist on the premises. The boxes are taped up; the DEA collects the boxes and destroys them. A second Amnesty Day is scheduled for April 30, 2011 from 10 AM to 2 PM with Bourne, Falmouth, Barnstable, Yarmouth, Brewster, and Wellfleet registered to participate. A national take-back initiative is being advertised on the DEA website.
8. New Legislation. The next step is for the DEA to issue a proposed remaking of the existing regulation so that communities can participate in what they want to see in these changes.
9. Mike Maguire’s Primary Thrusts
Education Programs. Mike Maguire stated that the Cape Cod Cooperative Extension is advocating the “Crush It Don’t Flush It” program for the county. The process advocated is to place unused medications in a sealed baggie with kitty litter, coffee grounds or alcohol, place in your trash collection so that they are unidentifiable, and deposit at the transfer station where it will be taken to SEMASS where it is incinerated at 2000 degrees.
Provide Technical Advice to Law Enforcement Personnel. There is a definite function related to having collections by police departments, showing the community that they care, and giving them an opportunity to interface with the public. The problem for police departments is the related costs associated with hazardous collections, regulated by the DEA.
10. The Role of Local Boards of Health.
Mike Maguire recommends community education promotions, and working with VNA and other healthcare facilities to train staff on the “Crush it Don’t Flush It” program. Mike Maguire has brochures and educational materials which he will make available to the Board of Health for their distribution.
Kalliope Egloff expressed thanks to Mike Maguire for making himself available to the Board for a very informative presentation.
7:45 PM - MASS. Military Reservation – Ashumet/Johns Pond Sampling
Jon Davis, Program Manager for the Installation Restoration Program and the Remediation Program Manager for the Superfund cleanup site at the MA. Military Reservation, introduced himself to the Board, stating that his purpose in attending the meeting tonight was to discuss the current schedule of water samplings at Ashumet and Johns Pond. Mr. Davis stated that the Air Force is seeking concurrence by the Mashpee Board of Health to reduce the sampling at six beach areas from twice per year to once per year. Mr. Davis stated that the cost of each sampling is $1000, or $12,000 per year for sampling six beach areas twice a year. Mr. Davis stated that the sampling program was started in 1999 when it was discovered that the military at the Mass. Military Reservation was improperly disposing of a cleaning solvent (TCE) which made
its way in underground plumes into Mashpee. Since 1999 the military has taken 361 samples from Johns Pond and has detected TCE in 31 of those samples, with TCE found in concentrations of up to 3.5 parts per billion. The drinking water standard allows for up to 5 parts per billion of TCE.
Mr. Davis stated that since 2004 none of the water samples have tested positive for TCE in Johns Pond, and no samples from Ashumet Pond have ever tested positive for TCE. Mr. Davis stated that reducing the testing from twice a year to once per year would save the taxpayers $6000 per year. Mr. Davis stated that although permission from the Mashpee BOH is not required to reduce the water sampling program by the military, his goal was to gain an understanding of the Board’s position on reduction of the twice-yearly samplings to once per year, and hopefully to receive their blessing on reduction of samplings to once per year.
Lucy Burton stated that she was not in favor of reducing the sampling to once per year, pointing out that just because no problems have occurred in recent years, there is no guarantee that problems will not reoccur. Lucy stated further that it is the responsibility of the Board of Health to protect the public’s health, and if there should be a future problem with unsafe waters in the ponds, she did not want to be the one who approved the reduction of water samplings.
Mr. Davis asked the question as to how two samplings per year was more protective than one and, in reality, how many samplings would be necessary to guarantee the safety of the water, and requested that the Board of Health put in writing to him their reasoning behind disapproval of the reduction of water samplings to once per year.
Ellie Donovan, Community Involvement Coordinator with the Mass. DEP, introduced herself to the Board, stating that she works closely with Jon Davis. Ms. Donovan reminded the Board that both DPH and DEP do not have regulatory requirements for water samplings.
Kalliope Egloff stated that the Board will need to have more discussions about the issues presented tonight, particularly with regard to the wells in the surrounding area. Kalliope thanked both Mr. Jon Davis and Ellie Donovan for their participation at the BOH meeting tonight.
8:00 PM – Eric Benway - Septic Fines – 2 Point Road, Monomoscoy
Mr. George Benway introduced himself to the Board and stated that he was attending the meeting on behalf of his son Eric, on an old matter dating back to 2004.
Glen Harrington stated that on 3/04/11, Cape & Islands Engineering submitted Title V design plans to relocate the SAS on the septic system for the property located at 2 Point Road. When the permit was entered into the Geo-TMS permit software, a red flag came up.
On January 6, 2000, a septic permit was issued to install a septic system that consisted of a FAST denitrification unit at 2 Point Road. Occupancy of the dwelling was granted without the proper start-up of the denitrification unit. J&R Sales/Wastewater Treatment Services (WWTS) had the O & M contract and notified the BOH that the start-up had not occurred and there was difficulty locating access covers.
On 8/03/04, a “Show-Cause” letter was sent to the owner to address the problems reported by WWTS. As no one attended the “Show Cause” hearing, a Letter of Non-Compliance dated 10/06/04 was sent from the BOH. The letter included information that fines would start to accumulate if there was no compliance within 14 days of receipt of the letter.
Mr. Eric Benway came to the BOH office, and stated that he hired WWTS for O & M purposes, that the start-up was complete and three of the four risers had been installed. WWTS issued the O&M contract with a date of 10/28/04. Therefore, two days of non-compliance had occurred, and a letter to Eric Benway dated 11/09/04 detailed the dates and fines, amounting to $1200.
George Benway stated that his son Eric graduated from Mass. Maritime and until two years ago was second mate on ships and out of the country. All of Eric’s registered mail was picked up and signed for by his aunt in Florida, but was never opened. A WWTS letter was received in 2002 that said everything was taken care of, the matter had been resolved. George Benway stated that two weeks ago, he received a letter from the BOH stating that two fines amounting to $1200 were still pending, and his object tonight was to ask for a reduction of the fines. Mr. Benway stated that his son was never trying to circumvent the Board, but was under the impression that all the work had been done, and had never seen the registered mail sent to Florida. Eric Benway agreed that some fine should be paid, but feels that $1200 is
excessive, and is asking for a reduction in the amount of the fine to $500.00. After further discussion among the Board members, it was agreed that Eric Benway had been irresponsible in allowing so much time to have elapsed from the date the fines were levied, and should have ensured coverage of his personal business matters in advance of his lengthy absence from the country.
Burton Kaplan made a motion to decline any request for reduction of the fine that has been outstanding since 2004. Lucy Burton seconded the motion. The motion was unanimously approved.
8:15 PM. Candace Aselton – Septic Variance – 17 Dixon Drive
Candace Aselton, property owner at 17 Dixon Drive, introduced herself to the Board. Ms. Aselton stated that she and her husband are trying to sell their home, and are asking for a septic variance.
Glen Harrington gave background of the variance request, stating that on 3/15/11, a septic inspection was conducted for property transfer purposes and the inspector encountered the existing leach pit 11 feet from the existing swimming pool. The septic inspection report was issued as a “Needs Further Evaluation from the BOH” due to the Title V violation. The Aseltons came in to the BOH to request the variance, stating that Holiday Pools obtained the permit to construct the pool. Glen stated that he signed the permit because a plan was presented that showed the septic system and pool with proper setbacks. The plan was bogus, not to scale and did not show the correct SAS to the septic. Holiday Pools dug the hole for the pool and left the job with the Aselton’s pool heater. Viola Pools finished the
job without putting the job/permit in their name and they did not check the septic locations.
Glen stated further that he had prepared a scaled cross-section depicting the leach pit and the swimming pool, and although the pool is 11’ away, due to the depth of the leach pit, there is little to no chance that any septic effluent would come in contact with the pool. Glen therefore recommended approval of the septic variance request.
Burton Kaplan made a motion to approve the variance request submitted on behalf of the property located at 17 Dixon Drive, Mashpee. Lucy Burton seconded the motion. The motion was unanimously approved.
Glen Harrington stated that the BOH has no direct recourse against the pool builder because, per Town Counsel, Holiday Pools acted as an agent to the owner. The Board agreed that Glen Harrington should send a notice to both Holiday Pools and Viola Pools stating that their plans presented to the Board were inaccurate and unprofessional.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Review and Approve Public Session Minutes: 3/10/11
Burton Kaplan made a motion that the minutes from the public session meeting on 3/10/11 be approved as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved.
3. Review of Draft Refuse Regulation.
The Board members reviewed the latest draft Refuse Regulation and made further changes to the document.
Burton Kaplan made a motion that the latest draft Refuse Regulation be approved as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved
4. Nomination of Inspector of Animals
Glen Harrington stated that typically the Animal Inspector and the Animal Control Officer are one and the same person, but it is not required. Veronica Warden has volunteered to accept the responsibility of the position of sole Inspector of Animals at this time. Ms. Warden has been one of the Animal Inspectors working with the Animal Control Officer for a number of years. Once the Police Department fills the position of Animal Control Officer, that person may be nominated as the additional Inspector of Animals.
Lucy Burton made a motion that the Board of Health nominate Veronica Warden as the Inspector of Animals for the period from May 1, 2011 to April 30, 2012. Burton Kaplan seconded the motion. The motion was unanimously approved.
5. MDPH – Variance Extension Request – Callies Beach.
Glen Harrington reported receipt of an annual variance request by the State that the local Board of Health approved for beaches that are not going to receive weekly bathing beach sampling. In the years past, Callies Beach has not had any problems as far as water quality. In 2006 the State allowed that if there were beaches maintaining required water quality standards and had sanitary surveys conducted to confirm that certain criteria were being met in the area around the beaches, along with good water quality sampling results, the Board of Health could reduce the number of water samplings from weekly to monthly. Glen stated that as long as nothing changes, then the Board of Health can continue to approve the variance. Glen added that several years ago there was a proposal to improve Will’s Work Road and put a
parking lot at the beach, which would have the effect of changing the dynamics around the use of the beach. However, this has not been done, and therefore Glen recommended approval of the variance extension request. Glen stated that since it is a town beach, it is permitted, and the water quality is posted.
Lucy Burton made a motion that the Board of Health approve the application for extension of a Sampling Variance for the Massachusetts Tier 3 Beach, Callies Beach. Burton Kaplan seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Tobacco Regulation. The Board members reviewed the latest tobacco regulation draft and made further additions and corrections. Glen Harrington will revise the draft to include the changes, for approval at the next BOH meeting.
2. Tobacco Regulation in Work Places. The Board members reviewed the latest regulation draft and made further additions and corrections. Glen Harrington will revise the draft to include the changes, for approval at the next BOH meeting.
3. Paperwork Reduction Electronic Regulation. The Board members reviewed the latest regulation draft and made further additions and corrections. Glen Harrington will revise the draft to include the changes, for approval at the next BOH meeting.
4. Fee Schedule – 2011.
Lucy Burton stated her opinions on the following three fees:
1) Septic Installers exam fee should not be increased, requiring minimal time by the BOH
2) Temporary Food Permit – should remain at $50, not doubled to $100
3) Stable Permit - $10 too low, $100 with $10 per horse too high. Needs Board discussion.
Lucy recommended that all other fees should remain as is, with no changes made.
Kalliope Egloff stated that she is not in favor of raising the fees, with the exception of the three fees recommended for change by Veronica Warden: Food Service, 0 to 50 seating should be increased to $200; 51-plus seating from $200 to $300; and Residential Septic permit, increase from $100 to $125. Kalliope also agreed that the Stable fees should be adjusted to a lower rate.
Lucy Burton recommended that the Stable Permit fee be increased from $10 to $50, with $10 per horse.
Kalliope Egloff requested that each fee adjustment should have backup information available as to the related time requirements of the Board of Health staff.
Lucy Burton made a motion to approve the 2011 Fee Schedule, with the changes recommended by the Board. Burton Kaplan seconded the motion. The motion was unanimously approved.
DISCUSSION
1. Automated External Defibrillators. Glen Harrington distributed a report on the location of ten defibrillators in the Town of Mashpee. Boys & Girls Club, South Cape Resort, and Camp Farley are three locations that do not have defibrillators, but Camp Farley is holding a fundraiser to purchase one in the near future. The Board agreed that further discussion is needed as to whether, and where defibrillators should be required by the BOH in Mashpee.
2. Wind Turbines. Glen Harrington stated that he will be attending a Peer to Peer meeting on March 31st on the subject of wind turbines. The Board will continue discussion at the next Board meeting.
NEXT MEETING. The next meeting of the Board of Health is scheduled for Wednesday, April 13, 2011, 7 PM in Conference Room 3. As there was no further business, the meeting was adjourned.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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