Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of May 9, 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 Cavossa Disposal Corp – Show Cause – Violation of Refuse Regulation.
Gregg Crowley, Comptroller for Cavossa Disposal Corp., introduced himself to the Board.
During the winter months Mr. Crowley stated that he does not have enough revenue to cover his payables. Mr. Crowley commented that he has difficulty managing capital and making payments in a timely fashion. Gregg Crowley commented that he needs to prioritize payments to vendors to be sure the Town of Mashpee gets paid on time.
Lucy Burton stated that a motion will not be made. Ms. Burton commented that Mr. Crowley has the facts, and if the invoices are not paid within the stated 30-day time frame, then a fine will be imposed. Mashpee DPW invoices are net 30 days.
Kalliope Egloff commented that in the future Mr. Crowley call Catherine Laurent at the Mashpee DPW and inform her if payments are expected to be a couple of days late.
7:30 PM One Pointe Home Curators – Show Cause – Violation of Refuse Regulation.
Richard Kimball, manager for One Pointe Home Curators, introduced himself to the Board.
Mr. Kimball commented that he is a new employee for One Pointe Home Curators as of February 2012.
Lucy Burton stated that if the invoices are not paid on time then fines will be implemented. A $500 fine will be imposed for the first offense, $1,000 for the second offense, and $5,000 for the third offense. After the third offense the license will be revoked. The Mashpee DPW is not a collection agency. The regulation states that bills are to be paid on time. The Board of Health has to be fair and consistent to everyone. Mr. Kimball said he understands the regulation and has no intention of paying the bills late.
7:45 PM Matt Costa, Christopher Costa & Associates – Title V Variance: 18 Wilsons Grove.
Glen Harrington commented that Matt Costa requested a continuance.
Mr. Costa did not realize that the original permit in 1988 was permitted for 3 bedrooms. Mr. Costa designed the plan for 2 bedrooms. Mr. Harrington stated that he informed Mr. Costa that if this is approved by the Board, the owner will lose a bedroom. The owners wanted time to examine their options.
Burton Kaplan made a motion to continue the request submitted on behalf of 18 Wilsons Grove, Mashpee. Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Review/Approve BOH Public Session Minutes: 4/25/12.
Burt Kaplan made a motion that the Board of Health approve the Public Session Minutes of April 25, 2012, as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved.
3. Request for (4) Food Establishment and (4) Pool Licenses: Southworth Willowbend LLC (formerly New Willowbend).
New Willowbend has a new owner, Southworth Willowbend LLC; therefore, all the permits must be re-issued in the new owner’s name.
Burton Kaplan made a motion to approve the applications submitted by Southworth Willowbend LLC for the (4) Food Establishment permits, and the pools and spas, for the Country Club, the10th Hole Snack Bar, the Pool Café, and the Warehouse, subject to submittal of complete applications and a health agent’s inspection for each permit. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Request for 2012 Trash Haulers License: 3 Sixty Property Management, Inc.
Lucy Burton commented that the application for 3 Sixty Property Management appeared before the Board with an incomplete application at the last meeting. Glen Harrington commented that he called Ms. Burton after the meeting stating that he had received all the information and that the owner was hoping to start immediately. Mr. Harrington also commented that 3 Sixty Property Management has established an account with the Mashpee DPW. Lucy Burton stated that she gave preliminary approval pending truck inspection.
Mr. Harrington inspected the truck and obtained all the required information. Glen Harrington commented that Jeff Davis, manager for 3 Sixty Property Management, informed Mr. Harrington that the truck has separate bins for recycling, and it is then taken to Falmouth. Glen Harrington stated that he advised Mr. Davis to keep a record of the recycling for the monthly submittals to the Mashpee DPW.
Burton Kaplan made a motion that the Board of Health approve the application for Trash Hauling submitted by 3 Sixty Property Management subject to the understanding that recycling is a priority item in the Town of Mashpee. Kalliope Egloff seconded the motion. The motion was unanimously approved.
5. Request for 2012 Catering License: Chef Roland’s Catering.
Lucy Burton stated that a luncheon had been planned at the Mashpee Public Library, and Chef Roland had been hired without a current Catering License in the Town of Mashpee. Lucy Burton commented that Chef Roland submitted his application with the proper fee, and the truck was inspected by Glen Harrington. Ms. Burton stated that she gave preliminary approval based upon all the submittals and the truck inspection.
Burton Kaplan made a motion that the Board of Health approve the Catering application submitted by Chef Roland. Kalliope Egloff seconded the motion. The motion was unanimously approved.
6. Emergency Condemnation: 26 Collins Lane.
On April 13, 2012, a site inspection was conducted at the request of the Mashpee Police Department. As all the windows, doors, and openings were removed, the interior of the dwelling was fully visible. Based upon the condition of the property, five violations of the Sanitary Code were documented.
Burton Kaplan made a motion to approve an Emergency Condemnation at 26 Collins Lane due to it being an immediate danger. Kalliope Egloff seconded the motion. The motion was unanimously approved.
7. Approval of Invoice – Work Performed to Mitigate a Nuisance: 170 Mashpee Neck Road.
Glen Harrington commented that this property has been in foreclosure with Bank of America and that the property needed to be cleaned and boarded up.
Burton Kaplan made a motion that the Board of Health approve the invoice and direct the Town Assessor to place the amount as a lien against the property at 170 Mashpee Neck Road. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Thomas Smith – 266 Monomoscoy Road.
Thomas Smith, owner of 266 Monomoscoy Road, introduced himself to the Board. Mr. Smith was not able to present pumping records from Falmouth Cesspool and Capewide as previously requested by the Board of Health.
Burton Kaplan commented that there is no evidence of yearly inspections by a DEP inspector. The last inspection was performed in 2004.
Lucy Burton stated that there are 8 years of no inspections and 8 years of no pumping records except for the years 2010 and 2011 with documentation. Ms. Burton commented that a fine of $200 for each non-event totaling $1,600 be imposed, and an Operations and Maintenance Contract must be submitted to the Board of Health office within 14 days from this meeting.
Thomas Smith commented that due to issues with finances he has been unable to maintain the yearly inspections with Clivus.
Kalliope Egloff stated that a fine be imposed on Thomas Smith, but Mr. Smith’s financial hardship should be considered. A contract with Clivus or an agreement with Barnstable County is required in order to have the system maintained properly.
Burton Kaplan made a motion that the Board of Health fine Thomas Smith $100 per non-event for a total fine of $800 based on a statement of financial hardship. An Operations and Maintenance Contract with a DEP approved inspector or an agreement with Barnstable County Health and Environment must be submitted within 14 days from this meeting. Also, the system must be pumped and inspected annually. Kalliope Egloff seconded the motion. The motion was unanimously approved.
2. Dan Bulger – 51 Monahansett Road.
Glen Harrington commented that the Board fined the Bulgers $300 for one year’s non-compliance for not maintaining their Fast System. They had maintained the system every year except for the year 2011.
Glen Harrington stated that Mr. Bulger never received notices from Barnstable County. The Bulgers received the one required notice from Waste Water Treatment Services, their former operator, in 2010, stating that the Bulger’s no longer wish to continue their maintenance contract. The notice also states that DEP requires a maintenance contract be in place for the life of the system.
Kalliope Egloff stated that Mr. Bulger must send verification of a current Operations and Maintenance Contract to the Board of Health and to Brian Baumgaertel at Barnstable County Health verifying that Mr. Bulger’s property is in compliance and in the Carmody database.
Lucy Burton commented that if this information is submitted by the next meeting, the Board may reconsider their decision.
ADDITIONAL TOPICS
None.
DISCUSSION
Cigarette Manufacturing Machines.
Lucy Burton stated that she would like to continue this to the next meeting.
Mobile Food.
Kalliope Egloff stated that she believes there should be a regional food permit for a mobile food cart through a regional entity such as Barnstable County Health. This would allow a mobile food truck to cross town lines without having to obtain a food permit in each town.
Kalliope Egloff commented that mobile food trucks are more accepted in other parts of the country. It generates income, and it is not on the same level as a restaurant. The concept of a mobile food truck is that it reduces overhead as opposed to a restaurant.
Burton Kaplan made a motion that the Board of Health adjourn the meeting. Lucy Burton seconded the motion. The motion was unanimously approved.
The public session meeting was adjourned at 8:38 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Board of Health
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