Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of October 17, 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 – Anthony Loureiro – Title V Violation: 6 Crestview Circle.
Glen Harrington commented that Anthony and Joan Loureiro purchased the property at 6 Crestview Circle in July 2012.
Mr. Loureiro contacted the Board of Health office and left a message stating that he was trying to coordinate other plumbing projects with the garbage grinder removal and would have the removal completed by the end of the month. The garbage grinder was originally installed for the previous owner.
Mr. Harrington stated that the Loureiro’s signed the Operation and Maintenance Agreement and feels they are handling several issues as they settle into their new home.
Burton Kaplan suggested that Glen Harrington visit the property at the beginning of November. If at that time the garbage grinder has not been removed from the home of 6 Crestview Circle, then the matter will be revisited at the November 14, 2012, meeting.
NEW BUSINESS
1. Sign Warrants. Board members signed the warrants.
2. Review/Approve BOH Public Session Minutes: October 3, 2012.
Kalliope Egloff made a motion that the Board of Health approve the Public Session Minutes of October 3, 2012, as amended. Lucy Burton seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
None.
DISCUSSION
1. Recycling.
Glen Harrington commented that in 2009 Catherine Laurent and Mr. Harrington attended a meeting sponsored by Kopelman and Page about waste and recycling. Chapter 40 Section 8H was discussed. This is a law that allows towns to appropriate money for regional districts that include recycling programs. Town Counsel stated that because of this law the Board of Health cannot write a regulation for mandatory recycling. It would have to be presented at Town Meeting.
Kalliope Egloff commented that recycling is an education issue. People throw away commodity items that cost the Town to pay to have it incinerated, where as the Town could sell the items. Education is the best way to increase recycling.
Ms. Egloff commented that perhaps by speaking to several groups with large memberships, such as the Women’s Club and the Chamber of Commerce about recycling and the cost effectiveness whether living in a condominium complex or in the Town, would help increase awareness.
Kalliope Egloff stated that the schools had recycling clubs that have somewhat minimized. Ms. Egloff feels that peer pressure from the children to the parents may help increase recycling. Ms. Egloff suggested that perhaps a contest to have the students involved would help promote recycling.
2. Collecting Fines – Further Discussion.
Burton Kaplan commented that Glen Harrington provided him with information on Mashpee’s rules and regulations and also the state law on the collection of fines. It states that if there is a permit or license to be issued and there are outstanding obligations to the Town, then permits or licenses can be withheld.
There are times when a fine is issued for some infraction that does not involve a permit or license, such as the Sanitary Code Violations. If the Board of Health assesses a fine, most times it is not enforced.
Burton Kaplan stated that Glen Harrington discussed this situation with Town Counsel. Town Counsel explained that the non-criminal ticketing system in accordance with MGL Chapter 40 Section 21D should be used. It is similar to issuing a speeding ticket. The violator has 21 days to pay, appeal, or not show up. If it is appealed, then it is taken to the Falmouth District Court. Town Counsel stated that the most important item is to also notify the mortgage holder of the violation and fines. Then if the bank takes the property, the bank can be held responsible.
Burton Kaplan stated that several times in the past the bank has been involved and simply choose to ignore the Board of Health. In Mr. Kaplan’s opinion when a fine is issued, then the non-criminal ticketing system should be done concurrently.
Glen Harrington commented that the Sanitary Code is written as a daily fine. Mr. Harrington was informed by a Magistrate at the Barnstable District Court to write one ticket on a Friday for the previous 5 days of non-compliance and submit it. It becomes a criminal citation after 21 days.
Mr. Harrington stated that the court keeps the fine. Once it gets to the court, they do not have to award the Town any money. The court has the right to keep all the court costs.
Glen Harrington commented that the process for the collection fines: is an inspection takes place, an order letter is sent, and if the correction is not made during the specified time frame, then a show cause letter to appear before the Board is sent. The Board will then render a decision at that time.
3. MAHB Program in Taunton on November 10, 2012.
Burton Kaplan stated that the Mass Association Health Board certificate program will be held on November 3, 2012, in Marlboro, and on November 10, 2012, in Taunton. Mr. Kaplan is planning on attending the program in Taunton for certification.
NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, November 14, 2012, at 7:00 PM in Conference Room 2.
Kalliope Egloff made a motion to adjourn the Board of Health meeting of October 17, 2012. Lucy Burton seconded the motion. The motion was unanimously approved.
The public session meeting was adjourned at 7:44 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
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