Town of Mashpee
16 Great Neck Road N.
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Mashpee Town Hall – Conference Room 3
Minutes of the Meeting of Wednesday, April 13, 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 7:05 PM.
APPOINTMENTS
7:15 – Waste Solutions, Inc. – Failure to Comply with Refuse Regulations
Glen Harrington stated that on 3/11/11 the BOH received information that Waste Solutions, Inc. was disposing of Mashpee refuse at the Bourne Landfill. Glen stated that Waste Solutions, Inc. does not have a Waste Hauler’s permit in the Town of Mashpee, and furthermore, the Bourne Landfill is not an approved disposal site for Mashpee refuse. The BOH sent a “Show Cause” letter to Waste Solutions, Inc. dated 3/18/11,requiring Waste Solutions to explain why no Mashpee permit was obtained and why refuse was being brought to an unapproved disposal site.
Michael Mowbray, with Waste Solutions, Inc., introduced himself to the Board, stating that Roche Brothers in Mashpee was his client, who contacted Waste Solutions Inc. for pickup of recyclable cardboard materials only when needed. Glen Harrington stated that records obtained from the Bourne Landfill indicated that Waste Solutions, Inc. had dumped 61 loads of waste originating from Mashpee over an 8 ½ month period. Mr. Mowbray then explained that Waste Solutions was acting as a broker and had sub-contracted the work of emptying dumpsters at Roche Brothers to C.L. Noonan Container Service, Inc. of Falmouth. Therefore, the Bourne Landfill reports had credited Waste Solutions, Inc. with the 61 loads of Mashpee waste dumped by C. L. Noonan Container Service, Inc.
7:30 – C.L. Noonan – Failure to Comply with Refuse Regulations
Chris Noonan of C.L. Noonan Container Service, Inc. introduced himself to the Board. Mr. Noonan stated that his company does not haul trash in Mashpee and has never had a hauler’s permit for Mashpee. Mr. Noonan stated that C.L. Noonan Container Service, Inc. has only one account in Mashpee (The Mashpee Free Clinic on Commercial St.) and has only one load reported per the Bourne report. Mr. Noonan informed Glen Harrington on 1/10/08 that C.L. Noonan Container Service Inc. did not service the Free Clinic dumpster, Cape Waste did, and since Cape Waste was permitted as a Mashpee refuse hauler, C.L Noonan was acting as a broker and thought he did not require a Refuse Hauler’s permit from the BOH.
On March 30, 2011 Mr. Noonan applied for a Mashpee Hauler’s Permit. Glen Harrington stated that the Board cannot issue a permit if there are violations outstanding. If a fine is issued against Noonan Container Service Inc. by the BOH for the one violation, and the required permit fee and bond are subsequently provided by the company, then a permit may be issued.
Burton Kaplan made a motion to defer any action on both the Waste Solutions, Inc., and C.L. Noonan Container Service, Inc. issues until the information provided by Waste Solutions, Inc. and C.L. Noonan Container Service, Inc. can be verified by Bourne Landfill and Roche Brothers, Inc. The Board will continue discussion at the next BOH meeting scheduled for Wednesday, April 27, 2011. Lucy Burton seconded the motion. The motion was unanimously approved.
7:45 - Allied Waste Services of Cape Cod – Failure to Comply with Refuse Regulations
Don Grosclose and Bob Healy, representing Allied Waste Services of Cape Cod, introduced themselves to the Board.
Glen Harrington stated that a report received from the Bourne Landfill indicated that six loads from Allied Waste Services were brought to the Bourne Landfill. A “Show Cause” letter was sent certified mail to BFI/Allied Waste on 3/18/11and received on 3/22/11, to explain why Allied Waste Services failed to comply with the BOH Refuse Regulation and M.G.L.111s./31A. Glen Harrington added that Allied Waste Services does have a Mashpee permit, and historically they have had no violations with the BOH regarding trash.
Bob Healy stated that one of the six loads reported by Bourne Landfill was in error: it actually was hauled from Hyannis. Mr. Healy stated that because the other 5 loads were mixed refuse loads that would not be accepted at UCRTS, he had gone to Bourne.
Kalliope Egloff asked Mr. Healy and Mr. Grosclose for any suggestions they might have as to how to avoid their future required attendance at BOH meetings in response to receipt of “Show Cause” letters. Don Grosclose stated that if a phone call was made by BOH to Allied Waste at the time a problem surfaced, it might be a way to handle a problem situation through phone conversations and information provided via fax.
Lucy Burton made a motion that the BOH close the issue against Allied Waste Services of Cape Cod. Burton Kaplan seconded the motion. The motion was unanimously approved.
8:00 – Cavossa Disposal Corp. – Failure to Comply with Refuse Regulations
Glen Harrington stated that on March 10, 2011, information was provided to the Board of Health that Cavossa Disposal Corp. was disposing of Mashpee commercial refuse at the Bourne Landfill, a waste facility not approved by the Board of Health. Cavossa Disposal Corp. does have a current license to haul refuse from Mashpee. However, the disposal of refuse at the Bourne Landfill is not an approved facility, and is in direct violation of the Mashpee Board of Health “Refuse Regulation” which states that all haulers licensed by the Mashpee BOH must transport their refuse loads to the UCRTS. In accordance with the Mashpee Refuse Regulation, the permit to haul refuse within the town may be revoked for violations of the regulation. Therefore, a “Show Cause” letter from the BOH dated 3/18/11 was sent to
Cavossa Disposal Corp. ordering Mr. Cavossa to appear before the Board of Health on 4/13/11 to explain why Mashpee refuse was being brought to the unapproved facility by his company.
Carl Cavossa and Bill Sullivan from Cavossa Disposal Corporation introduced themselves to the Board. Mr. Cavossa stated that he is meeting the required monthly tonnage requirement per the standing agreement between the BOH and Cavossa Disposal Corp., and since the merger with Sandwich-based Casella Waste Systems last summer, Carl Cavossa has renegotiated the required figure to 100 tons to account for the increased business.
Carl Cavossa produced a letter from the Bourne Landfill stating that the system of attributing loads of trash to specific towns is imperfect. Mr Cavossa also provided evidence that some of the eight loads delivered to Bourne over the 8 month period had been coded incorrectly. Mr. Cavossa stated that six loads of trash from Mashpee were taken to UCRTS on a Saturday morning at 11:20 AM and were told that the UCRTS was closed. Therefore, Cavossa
Disposal had no choice but to take the loads to Bourne Landfill.
Lucy Burton stated that unfortunately she was not in attendance at the meeting when the BOH and Cavossa Disposal Corporation settled on the agreement from January 2010, and was not able to vote on the agreement. For the record, Lucy stated her feeling that the regulation, as it was written, was clear that says you must take all loads to UCRTS and any violation could result in revocation of the refuse haulers permit. Lucy felt that the Board should follow through with the stated consequences if/when a Mashpee-permitted trash hauler is in violation of the regulation.
Burton Kaplan stated that UCRTS record keeping of trash hauling is, at best, imperfect and feels that there needs to be tolerance for error. Kalliope Egloff recommended that Mr. Cavossa communicate with the BOH immediately when they get a slip from Bourne indicating loads of trash from Mashpee have been delivered to Bourne Landfill, and stated that communication is very important in the avoidance of future “Show Cause” hearings before the BOH.
Glen Harrington recommended that the Cavossa Disposal Corp. issue be continued to the next BOH meeting, to allow the BOH additional time to investigate further the information provided by Bourne Landfill.
Lucy Burton made a motion that the Board continue discussion of the Cavossa Disposal Corp. issue at the next BOH meeting on April 27, 2011 in order to allow Glen Harrington time for further investigation of the matter. Burton Kaplan seconded the motion. The motion was unanimously approved.
John Elliott, Chairman of the UCRTS, introduced himself to the Board. Mr. Elliott stated that he is on-site every Saturday morning, and stated that he has yet to see any Cavossa Disposal Corp. trucks tipping on Saturday morning.
Ms. Ruth Brazier, Chairman of the Falmouth Solid Waste Advisory Committee introduced herself to the Board. Ms. Brazier stated that she had prepared a spreadsheet for the years from 2000 to 2009, showing the commercial waste and the residential waste from each of four towns. The amount and the percentage of decline of commercial waste clearly is seen for each town over the 9 year period. Falmouth had about the same residential and municipal waste in 2009 as in 2000, so Ms. Brazier figured the ratio of municipal residential commercial should be about the same, but it was not, it was very low in 2009: Falmouth has lost a significant percentage of its commercial waste since 2000. Ms. Brazier will send a copy of her spreadsheet report to Glen Harrington.
NEW BUSINESS
1. Warrants. Board members signed the warrants.
2. Review Public Session Minutes of 3/23/11
Burton Kaplan made a motion that the Board approve as amended the minutes of the BOH Public Session meeting held on 3/23/11. Lucy Burton seconded the motion. The motion was unanimously approved.
3. Request for 2011 Trash Hauler’s License: C.L. Noonan Container Services, Inc.
Lucy Burton made a motion to continue review of the application for the C.L Noonan Container Services 2011 Trash Hauler’s Permit to the next BOH meeting on 4/27/11. Burton Kaplan seconded the motion. The motion was unanimously approved.
4. Request for 2011 Food Establishment License: Mashpee Congregational Church
Burton Kaplan made a motion to approve the application by the Mashpee Congregational Church for a 2011 Food Establishment permit, subject to receipt of information as to their having been determined to be a 501(c) 3 organization by the Internal Revenue Service. Lucy Burton seconded the motion. The motion was unanimously approved.
5. Absolutely Juiced – Aaron Perry
Aaron Perry introduced himself to the Board as the manager of Absolutely Juiced.
Glen Harrington stated that a juice bar for smoothies and sandwiches is proposed across from Asia Chinese food restaurant in Mashpee Commons. Aaron Perry stated that he is a Certified Food Manager; Glen stated that a floor plan has been reviewed by the BOH.
Burton Kaplan made a motion that the Board of Health approve the Food Establishment Permit application submitted by Absolutely Juiced, subject to receipt of a menu and BOH inspection prior to opening. Lucy Burton seconded the motion. The motion was unanimously approved.
6. Draft Poultry Regulation
Glen Harrington stated that Veronica Warden had received eight or nine phone calls regarding information on whether Mashpee had a poultry regulation with requirements for raising chickens. Ms. Warden was in favor of having a poultry regulation for Mashpee requiring registration so that the BOH is knowledgeable about where poultry is being raised in Mashpee. As Animal Inspector, Ms. Warden is responsible for the accountability of livestock. Glen stated that although poultry is not considered livestock, it is not much of a stretch to say that the BOH should be checking for infectious disease as well as care of the animals, all of which falls within the Animal Inspector purview. Glen distributed copies of a Poultry Regulation from the Town of Yarmouth, written in 1980, for the Board’s comments.
Discussion followed among the Board members regarding the Yarmouth poultry regulation.
Lucy Burton stated that she has done much research on chickens and their habits and reported that there is a huge movement across the country for raising chickens. Lucy Burton felt that the Yarmouth regulation was very outdated, and stated further that in her opinion, Mashpee did not need a poultry regulation. Glen Harrington stated that he was not in favor of the regulation, since the BOH has the ability to handle any complaints with the existing Nuisance Control regulation, and complaints can be handled as well by the Police Department.
Burton Kaplan made a motion that the Board defer action on instituting a poultry regulation at this time. Lucy Burton seconded the motion. The motion was unanimously approved.
Lucy Burton agreed to work on drafting a poultry regulation that would be appropriate for the Town of Mashpee, should it become necessary to have one in place.
7. Request for 2011 Camp License: Cape Cod Baseball Club, Inc.
Glen Harrington stated that Steven J. Almonte, the operator of the baseball club, had applied a year ago for a camp license, but did not have the necessary paperwork completed. This year, Mr. Almonte has obtained all necessary required documents under the MA. Regulations for Minimum Standards for Recreational Camps for Children, State Sanitary Code, Chapter IV-105 CMR 430.000 and the guidance documents issued by the Dept. of Public Health. The camp site will be located on Route 130 in Mashpee. Glen stated further that he had no problems with approval of the camp license request.
Burton Kaplan made a motion to approve the application for a license by the Cape Cod Baseball Club, Inc. to conduct a camp from 4/18/11 to 4/22/11, pending BOH inspection prior to camp opening. Lucy Burton seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Tobacco Regulation. Glen Harrington stated that he has not yet heard back from D.J. Wilson regarding the Board’s comments from the last meeting. Further discussion of the regulation draft was continued to the next Board of Health meeting.
2. Paperwork Reduction Electronic Regulation. Glen Harrington requested continuation of the discussion of the regulation to the next Board of Health meeting.
DISCUSSION
1. Wind Turbines. Kalliope Egloff reported on a wind turbine meeting she attended, sponsored by the Hyannis Chamber of Commerce, with 35 people in attendance from across the Cape. Kalliope stated that there was no discussion on health effects from wind turbines.
Glen Harrington stated that the Cape Cod Commission is writing up guidelines for wind turbine building.
2. Automated External Defibrillators in Exercise Areas. Glen Harrington stated that there are three more facilities in Mashpee to be contacted, and he wants to talk to Fire Chief George Baker, as well. Discussion of the defibrillators was continued to the next Board meeting.
3. Mass. Recycle Conference. Kalliope Egloff reported on attendance at a Mass. Recycling Conference.
4. Water Quality Testing at Ashumet & John’s Ponds. Kalliope Egloff stated that the Board agreed at the last meeting to talk more about the parameters of their rejection of the request by MMR to reduce the water sampling of the ponds from twice a year to once per year. Kalliope stated that she has been in touch with the Cape Cod Commission on the subject and wants to wait for their response to her questions before further discussion by the Board.
5. Tobacco Survey – FYI. Glen Harrington distributed a copy of the MTCP 84 Survey Site Report as well as a Resolution draft titled “Protect Young People from the Tobacco Industry”.
6. April 16th HazMat Collection – FYI. Kalliope Egloff reported on a regional Hazardous Materials (Hazmat) collection scheduled for 4/16/11 at Sandwich High School, from 9 AM to 1 PM. Kalliope Egloff stated that Mashpee is the only town on the Cape where the Board of Health is not involved in HazMat collections, and Mashpee participation in these regional collections is very low.
NEXT MEETING. The next meeting of the Board of Health was scheduled for Wednesday, April 27, 2011, at 7 PM, Mashpee Town Hall Conference Room 1. As there was no further business, the meeting was adjourned at 9:35 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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