Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of October 3, 2012
Board Members Present: Also Present:
Burton Kaplan, Chairman Glen Harrington, Health Agent
Kalliope Egloff, Co-Chairman
Lucy Burton, Clerk
Chairman Burton Kaplan called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 PM – Dave Quinn – Regional Solid Waste Reduction.
Dave Quinn, of the Barnstable County Cape Cod Extension, introduced himself to the Board, and a discussion took place regarding solid waste and recycling technical assistance for municipalities in various sections of the state including Cape Cod. Mr. Quinn discussed pay as you throw, and the benefits associated with solid waste reduction.
7:45 PM – William Haney, Lakeside Estates – “Show Cause” Violation of Massachusetts General Law. With respect to the late payment of mobile home permit fees, Lucy Burton stated that from this time forward any time Mr. Haney is past due, he is to be fined.
Kalliope Egloff commented that 30 days is a reasonable amount of time to make a payment. Ms. Egloff stated that beyond 30 days appropriate action can be taken.
Burton Kaplan suggested that Mr. Haney can pay in advance or pay according to the rules within 30 days. Otherwise, he will be fined $100 a day.
Glen Harrington stated that payment is to be received no later than the 10th of the month following the month for which the fee is due.
8:00 PM – US Sports Institute – Recreational Camp Violation.
Mark Tolley of US Sports Institute introduced himself to the Board.
Burton Kaplan stated that although all of the required paperwork was in order, the issue was that no one contacted the Board of Health for an inspection of the recreational camp.
Mr. Tolley stated that the program in question is a multi-sports program which is a half day program with 10 children enrolled this year. The director and staff on the field are equipped with all of the documentation that is needed. US Sports Institute has been licensed with Mashpee and 11 other towns for several years and never missed an inspection.
Mr. Tolley commented that in order to run a program in any town an application with the appropriate fee is submitted. Mr. Tolley felt that the misunderstanding took place because the paperwork was submitted and presumed that everything was in place.
Glen Harrington stated that he or Veronica Warden inspect the camp the morning of the first day. Mr. Harrington or Ms. Warden usually meet with the camp directors prior to the opening in order to review the CORI’s and SORI’s and also to avoid a lengthy inspection on the field. CORI’s and SORI’s can take months to process.
Mark Tolley commented that he takes responsibility for the miscommunication and should have contacted the Mashpee Board of Health. More than fifty percent of the health departments across Massachusetts meet the director on the field.
Lucy Burton stated that Mark Tolley is now aware of the procedure. Presumably, Mr. Tolley will communicate to Chris Abbott, the new regional director in the Mashpee area. Mr. Abbott will be responsible for assigning a camp director for Mashpee and conveying Mashpee’s protocol.
Ms. Burton commented that US Sports Institute has had success in Mashpee previously and feels no fine is necessary.
Lucy Burton made a motion that the Board of Health not fine US Sports Institute. 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 and Executive Session Minutes: September 12, 2012.
Lucy Burton made a motion that the Board of Health approve the Public Session Minutes of September 12, 2012, as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion that the Board of Health approve the Executive Session Minutes of September 12, 2012. Kalliope Egloff seconded the motion. The motion was unanimously approved.
3. Compliance Review: 38 Saddleback Road, Sanitary Code Violation & Issued Fines.
Glen Harrington stated that this property was a foreclosure, and Deutsche Bank took possession of the property. The property was left in poor condition. Letters were sent to Deutsche Bank to clean up the property, but no action was taken. Therefore, fines were issued on a daily basis which accrued to $2,800.
During the course of the inspection for the sale of the foreclosed property to a buyer, it was discovered that the septic failed. When the septic installer tried to obtain a permit for the new septic installation, Mr. Harrington realized that fines still existed and that the property had transferred from the Bank to a second buyer beyond the bank ownership. When the property was purchased, there were fines that the buyers were not aware existed. The buyers learned of the fine when the septic system had to be replaced. The septic has been repaired, and the buyers were looking to resolve the fines.
Mr. Harrington commented that in speaking with Town Counsel there was a condition of the closing through correspondence between the buyer’s attorney and Town Counsel. The condition was that the fine amount of $2,800 would be escrowed until the Board of Health decides the final resolution of the fine. The second purchaser of the property beyond the Bank ownership needs a decision from the Board of Health since the previous meeting was held in Executive Session. Town Counsel felt the discussion should have taken place in a public forum.
Burton Kaplan stated that a procedural error took place, and the error was corrected by placing 38 Saddleback Road back on this meeting’s Agenda.
Glen Harrington stated that there were 56 days of non-compliance. Mr. Harrington commented that fines cannot be placed as a lien. According to Town Counsel’s description, this is not a tax, a fee, or an assessment. This is not part of an approved fee schedule.
The Mashpee Municipal Code states that if money is owed to the Town for various reasons, then certificates of any type can be withheld and not issued. Mr. Kaplan feels that a fine should be considered a municipal charge and would like Town Counsel to verify it.
Kalliope Egloff made a motion that the Board of Health waive the entire fine for 38 Saddleback Road. Lucy Burton seconded the motion. The motion was unanimously approved.
4. Deed Restriction: 192 Fells Pond Road.
Glen Harrington stated that this discussion is merely to satisfy the Deed Restriction for 192 Fells Pond Road. The Operation and Maintenance Contract and the Innovative/Alternative Septic System documents are still necessary for a Certificate of Occupancy.
Burton Kaplan suggested that a copy of the Deed Restriction for 192 Fells Pond Road be taken to the Town Clerk and that each of the Board members go to the Town Clerk’s Office and sign the document in Mrs. Dami’s presence so that it can be properly notarized.
OLD BUSINESS
Compliance Review for Title V Violation: 42 Wood Road.
On July 25, 2012, the Board of Health issued an order for the dwelling to be brought into compliance within 14 days to have 3 bedrooms. The basement bedroom was to have a six-foot window cut into the wall to remove the privacy from the room. A letter and photograph were received in the Board of Health office on September 25, 2012.
Glen Harrington stated that the basement window now complies with the Board of Health regulation.
ADDITIONAL TOPICS
None.
DISCUSSION
1. Training - “Water & Cranberries: An Essential Connection” October 19, 2012.
Glen Harrington commented that this is merely an FYI for training.
2. Recycling.
Glen Harrington stated that the Board of Selectmen are looking for a recommendation from the Board of Health as far as what in theory will work for the Town of Mashpee.
Kalliope Egloff commented that she is in favor of mandatory recycling in the Town of Mashpee. Ms. Egloff feels a rigorous composting program in the Town under the auspices of recycling would be beneficial.
Ms. Egloff suggested that Dave Quinn present a cost benefit analysis of all the different options to the Board of Selectmen, the Town Manager, Catherine Laurent, and the Recycling Committee. Implementing mandatory recycling would have to be through education, signage, and public service announcements.
Burton Kaplan suggested that curb-side pickup and its benefits should be considered.
Lucy Burton made a motion that the Board of Health adjourn the meeting of October 3, 2012. Kalliope Egloff seconded the motion. The motion was unanimously approved.
The public session meeting was adjourned at 8:34 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
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