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Board of Health Minutes 06/26/13
Town of Mashpee

                                                                                       16 Great Neck Road North
                                             Mashpee, Massachusetts 02649

BOARD OF HEALTH – PUBLIC SESSION

Minutes of the Meeting of June 26, 2013

Board Members Present:                  Also Present:
Burton Kaplan, Chairman                 Glen Harrington, Health Agent
Kalliope Egloff, Co-Chair         
Lucy Burton, Clerk

Chairman Burton Kaplan called the meeting to order at 7:02 PM.

APPOINTMENTS
7:15 PM – Public Hearing – Amendment to the Septic Inspection Regulation.
Burton Kaplan stated that it was not the Board’s intent to automatically condemn a 30-year old septic tank but to require that the septic tank be inspected for deterioration to the point of condemnation. The Board is proposing guidelines for septic inspectors to follow in order to determine the condition of a septic tank. Age alone will not be a factor.

Residents, real estate agents, and septic inspectors attended the public hearing and presented their questions and opinions on the proposed amended septic inspection regulation.

Lucy Burton stated that the Board has not made a motion to approve the amended septic inspection regulation as is. When the Board meets again, it will be discussed in more detail based on the information that was expressed at this meeting.  

Since there were no further comments, Burton Kaplan closed the Public Hearing of the Amendment to the Septic Inspection Regulation.

NEW BUSINESS
1.   Board of Health Re-Organization.
Lucy Burton made a motion that Kalliope Egloff be nominated as Chair of the Mashpee Board of Health for the Fiscal Year effective July 1, 2013. Burton Kaplan seconded the motion. The motion was unanimously approved.

Kalliope Egloff made a motion that Lucy Burton be nominated as Co-Chair of the Mashpee Board of Health for the Fiscal Year effective July 1, 2013. Burton Kaplan seconded the motion. The motion was unanimously approved.

Kalliope Egloff made a motion that Burton Kaplan be nominated as Clerk of the Mashpee Board of Health for the Fiscal Year effective July 1, 2013. Lucy Burton seconded the motion. The motion was unanimously approved.

2.   Sign Warrants.  The Board members signed the expense warrants.

3.   Review/Approve BOH Public Session Minutes: May 22, 2013, and June 12, 2013.
Lucy Burton made a motion that the Board of Health approve the Public Session minutes of May 22, 2013, as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved.

Lucy Burton made a motion that the Board of Health approve the Public Session minutes of June 12, 2013, as amended. Burton Kaplan seconded the motion. The motion was unanimously approved.

4.   Request for 2013 Trash Hauler’s License: Smile Disposal, Inc.
Glen Harrington commented that Smile Disposal submitted an application for a 2013 Refuse Hauling permit.

Jacqueline Rice, president of Smile Disposal, introduced herself to the Board. Ms. Rice is requesting a refuse hauling permit to dispose of waste and to recycle in the town of Mashpee.  

Lucy Burton made a motion to approve the 2013 Refuse Hauling permit request for Smile Disposal with the condition of the truck passing inspection, setting up an account with the Department of Public Works, and submittal of the bond. Kalliope Egloff seconded the motion. The motion was unanimously approved.  

OLD BUSINESS
1.   O & M Violation – 141 Timberlane Drive – Jennifer Thomas.
Lucy Burton commented that the fine issued by the Board on April 10, 2013, has not been paid, and the Certified Mailer (green card) has not been returned to the Health Department.

Glen Harrington stated that the Operation and Maintenance Contract was provided on May 2, 2013. On May 22, 2013, the Board issued $50.00 daily fines until the original $300 fine has been paid. The fines are now accruing.

Lucy Burton made a motion that the Board of Health continue discussion on the Title V violation for 141 Timberlane Drive. Kalliope Egloff seconded the motion. The motion was unanimously approved.

2.   Housing Violations – 140 Noisy Hole Road – Krystal Parsons.
Glen Harrington stated that on March 21, 2013, a housing inspection was conducted, and two violations were found. Mr. Harrington spoke with the tenant, and the tenant stated that the owner had contacted them. An electrician was hired to perform the work, but no permits were issued for any work. To date, no communication has been made with the Board of Health office by the owner.

Mr. Harrington commented that if the original order letter was received on March 29, 2013, compliance should have been completed by March 30, 2013, for one violation and April 4, 2013, for the other. The show-cause hearing order for the June 12, 2013, meeting was ignored. To date, 48 days of non-compliance for one violation and 44 days of non-compliance for the other have accrued.

Mr. Harrington recommends that the Board issue fines of $300 per week for the two violations commencing today.

Lucy Burton made a motion that the Board of Health issue fines in the amount of $300.00 per week for the two violations by Non-Criminal Ticket starting today. Kalliope Egloff seconded the motion. The motion was unanimously approved.

3.   Draft Tanning Regulation.
The Board members read the draft tanning regulation and discussed changes to the draft regulation. The Board agreed that tanning should be prohibited for anyone under the age of 18 years old, unless it is a medical necessity.

Lucy Burton made a motion that the Board of Health approve the Tanning Establishment Regulation as amended. Kalliope Egloff seconded the motion. The motion was unanimously approved.
ADDITIONAL TOPICS
None.

DISCUSSION
1.   Medical Marijuana.
Glen Harrington commented that the Town Planner is working on submitting a new by-law for medical marijuana for the October 2013 Town Meeting. Town Counsel’s recommendation is that if the Town is to be involved the security and the permitting part should be done through a Board of Health regulation.

NEXT MEETING
The next meeting of the Board of Health is scheduled for Wednesday, July 10, 2013, at 7:00 PM. As there was no further business, Kalliope Egloff made a motion to adjourn the Public Session of the Board of Health at 8:10 PM.   Lucy Burton seconded the motion.  The motion was unanimously approved.

Respectfully submitted,



Frances Boulos
Administrative Assistant
Mashpee Board of Health

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