Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of April 25, 2012
Board Members Present: Also Present:
Lucy Burton, Chairman Glen Harrington, Health Agent
Burton Kaplan, Co-Chairman
Kalliope Egloff, Clerk
Chairman Lucy Burton called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM Lakeside Estates – Show Cause – Violation of Court Agreement.
Glen Harrington stated that a show-cause letter was sent to Mr. Haney for failure to comply with two of the conditions of the Settlement Agreement: a surveillance camera was not installed, and one sufficient sized recycling bin was not provided. Mr. Harrington has drafted a response and submitted it to Town Counsel for review.
Glen Harrington commented that no evidence of a camera has ever been provided and whether the camera is operational. The Board of Health never received information that Lakeside Estates is in compliance.
Lucy Burton made a motion that the Board of Health continue Lakeside Estates show cause hearing. Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. None.
2. Review/Approve BOH Public Session Minutes: 3/28/12 and 4/11/12.
Burton Kaplan made a motion that the Board of Health approve the Public Session Minutes of
March 28, 2012, as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Kalliope Egloff made a motion that the Board of Health approve the Public Session Minutes of
April 11, 2012, as amended. Burton Kaplan seconded the motion. The motion was unanimously approved.
3. Trash Hauler Enforcement: Failure to Submit Timely Payments.
Catherine Laurent, Mashpee DPW Director, stated that the Town of Mashpee has had issues with two trash haulers in submitting timely payments.
One Pointe Home Curators has been issued 4 letters in this current fiscal year for their account being 60 days overdue. The Town of Mashpee imposes a late fee of 1.5% per month of the invoice amount once it exceeds 30 days. Ms. Laurent commented that she plans to recommend to the Upper Cape Board of Managers on setting a minimum late fee to absorb the cost of postage and staff time.
Ms. Laurent stated that since January 2012, Cavossa Disposal Corp. has received 2 notices that their account has been 60 days past due. As of this date, One Pointe Home Curators paid the full amount, and Cavossa Disposal Corp. only paid the past due amount.
The Mashpee DPW bills the trash haulers weekly. The DPW billing is about 2 weeks behind from when the trash haulers actually tip at the Upper Cape Regional Transfer Station; therefore, giving them a 14-day grace period. The weekly invoices are allowed 30 days for payment, and after 30 days it becomes past due. Notices to revoke the tipping fee are sent when the trash haulers are 60 days in arrears.
Glen Harrington commented that timely payments are a requirement of the Board of Managers Regulations. The Board of Health can use the enforcement schedule within the Refuse Regulation to enforce the failure to comply with timely payments.
Fines can be imposed by the Board of Health for failure to comply. A $500.00 fine is for the first offense, $1,000.00 for the second offense, and $5,000.00 for the third offense. Revocation of the license will occur after the third offense. Glen Harrington commented that a trash hauler with an invoice past 30 days will receive a letter from the Board of Health as well as the DPW.
Lucy Burton stated that all trash haulers be informed that fines will be imposed for bills that are past due.
4. Request for 2012 Trash Hauler’s License: 3 Sixty Property Management & Concierge.
Burton Kaplan stated that he would like to see a physical address for 3 Sixty Property Management & Concierge not a post office box.
Lucy Burton commented that she did not feel comfortable approving the license until everything is in order with the application. Kalliope Egloff and Burton Kaplan agreed with Ms. Burton’s decision. Lucy Burton stated that she would like the application revised to include the name of the owner and a physical address.
Burton Kaplan made a motion that the Board of Health continue the application submitted by 3 Sixty Property Management & Concierge Application for Permit to Haul Trash. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Thomas Smith: 266 Monomoscoy Road.
Thomas Smith requested a continuance in writing.
Barnstable County currently has a program for overseeing composting toilets. Barnstable County has a grant to monitor the operation and maintenance for composting toilets and to get additional information about maintenance, operation, and sampling for the reduction of nitrogen and the effects on the environment. Glen Harrington gave George Heufelder, Director and Chief Health Officer of Barnstable County Department of Health and Environment, contact numbers for Thomas Smith to see if Mr. Smith would be willing to participate in the project.
Lucy Burton stated that in her opinion unless Mr. Smith comes in with the documentation requested at the previous meeting, she would like to impose a $200.00 fine for each of the 8 missed events in the past. Ms. Burton commented that she would like consistent proof that the Operations and Maintenance Agreement is actually taking place. Mr. Smith has a Clivus Multrum system and a Title V gray water system in his house.
Lucy Burton stated that since Mr. Smith is not present and submitted a letter for continuance, a decision will not be made. Ms. Burton stated that no further extensions or continuances will be granted after the next meeting.
Kalliope Egloff commented that Mr. Smith must submit evidence that he has had the gray water system pumped and a plan to go forward. Mr. Smith must either contact Barnstable County or Clivus New England in order to correct this situation.
Burton Kaplan made a motion that the Board of Health continue the deliberations on 266 Monomoscoy Road until the next meeting on May 9, 2012, at which a final decision will be rendered. Kalliope Egloff seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
None.
DISCUSSION
Update on Household Hazardous Waste Collection: April 21, 2012.
Kalliope Egloff commented that the Household Hazardous Waste Collection was held at Sandwich High School and that Mashpee had a much higher rate of participation in the past. In 4 hours 309 vehicles were serviced. 35 cars were from Mashpee. 32 of the 35, 91%, were year-round residents. 14 of the 35, 40%, were first-time participants. 6 of the 35, 17%, were bringing waste from a previous resident. There was no attendance from a Mashpee business. 29 of the 35 participants, 83%, came as a result of the flyer that was mailed to all the residents and businesses in Barnstable County.
The total waste collected was 3,980 gallons, about 20,510 lbs of waste, 10 tons of hazmat, was collected. These are items that are prohibited by state law to be disposed at a transfer station. The projected cost of disposal of the materials is estimated at $9,880, and the Mashpee share is tentatively $922. This cannot be confirmed until the actual bill is received from PSC, the bid vendor, for the disposal of the hazmat. Barnstable County paid $420 in set up fees and for the contractors. Covanta SEMASS paid for the flyer, the posters, and the mailing charges.
Kalliope Egloff stated that in checking the last 15 years, this is the highest participation rate Mashpee has ever had at any other collection other than Mashpee. The next collection date is scheduled for June 16, 2012, at Falmouth High School. Dehumidifiers and air conditioners will be accepted by Capewide Compact. A $35 rebate will be given.
Cigarette Manufacturing Machines.
Glen Harrington handed a draft amendment to “Restricting the Sale of Tobacco Products” regulation to the Board members. The Board members agreed to review the material and to discuss this regulation at a later date.
Roche Brothers Supermarket.
Burton Kaplan stated that on April 16, 2012, the Mashpee Fire Department attempted to contact Glen Harrington and Veronica Warden, and since both were unavailable at the time, the Mashpee Fire Department called Burton Kaplan. Mr. Kaplan commented that he was ill and proceeded to contact Kalliope Egloff.
Kalliope Egloff stated that she attended to the incident at Roche Brothers Supermarket, where there was a problem with the mechanical units in the coolers. The dry ice had melted depleting the oxygen inside the coolers.
Glen Harrington stated that there was no spoilage of food. The food remained at the recommended temperature.
Kalliope Egloff expressed concern that the Fire Chief did not know that Ms. Egloff is a member of the Board of Health. She had to take the time to go to her car and produce her identification. Ms. Egloff commented that it’s a concern that should be addressed. If in the event it had been a true disaster, time would have been of the essence.
Glen Harrington commented that in the future if he and Veronica Warden are not available, Dave Mason, Sandwich Health Agent, will make himself available as an onsite person or as a consultant.
Lucy Burton stated that while she was shopping at Roche Brothers on Sunday night, April 15, 2012, the coolers were inoperable. The employees worked together in a very organized calm fashion to remove all the food from the coolers and take the food to the walk-in refrigerators out back.
Kalliope Egloff commented that the Roche Brothers personnel did a great job of managing a difficult situation.
Mobile Food.
Kalliope Egloff commented that she would like to research mobile food trucks and requested to move this discussion to another meeting, and Glen Harrington stated that he would also like additional time to prepare. Ms. Egloff stated that there are a number of food trucks in the United States, and perhaps one day these vendors will come to Mashpee. Food trucks are becoming very popular.
Burton Kaplan made a motion that the Board of Health adjourn the meeting. Kalliope Egloff seconded the motion. The motion was unanimously approved.
The public session meeting was adjourned at 8:12 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Board of Health
attachments
| 
