Wellfleet Board of Health
Minutes of Meeting of June 11, 2003
Senior Center, Long Pond Room
Present: Betty Kimball, Anne White, Lezli Rowell, Kenneth Granlund, Jr., Richard Willecke; Emily Beebe, Health Agent, Erik Mitchell, Assistant Health Agent; Karen Davis, Lower Outer Cape Community Coalition
The meeting was convened at 7:03 p.m.; Betty Kimball served as Chair at the Board's request, since both the former chair and vice-chair had resigned from membership. Kimball welcomed new members Anne White and Richard Willecke.
Minutes of May 14, 2003. Lezli Rowell moved and Ken Granlund seconded acceptance of the 5/14 minutes as amended; the motion carried, 3-0-2 (White, Willecke).
Karen Davis, Lower Outer Cape Community Coalition. Ms. Davis presented "On the Edge," an assessment of the problems of the health care system on the lower Cape. She noted three key issues, describing the implications of each:
The necessity for quality and affordable health care for all
Sufficient services for the elderly population
The need for affordable prescription drugs.
Commenting that the problem does not admit of not easy solutions, she contended that all could make a difference, that nationally, one's vote is a huge tool for change, and that locally, letters, email, and phone calls to legislators as well as letters to the editor of one's local paper are also effective tools. Davis distributed information on how individuals and groups could participate (S.O.R.--Support Our Residents program; a suggested Help/Card Card) and added that putting pressure on government and industry does help, citing the strides taken in forcing health insurance companies to provide longer hospital care for new mothers and in some improvement in a patient's ability to choose his own medical provider.
At the close of Ms. Davis' remarks, the discussion became general; board members and Jacqui Wildes of the COA suggested ways in which Wellfleet could improve its residents' healthcare (e.g., work done by Human Services Committee, Wellfleet In Need Fund). Ms. Davis will communicate with Erik Mitchell, who will serve as BOH liaison for email information; she will send the LOCCC newsletter to Ms. Beebe. The Board expressed its appreciation for her presentation.
Variance Request: Smith, 25 Whit's Lane, Assessor's Map #15, Parcel #63. David Lajoie of Felco Engineering presented this proposal to upgrade an existing system for a 3-bedroom dwelling (2 bedrooms and 1 small studio) on Rev. John F. Smith's property on Whit's Lane; Rev. Smith also attended the hearing. Lezli Rowell read aloud the Felco letter of 6/9/03 requesting a variance from the BOH regulation requiring a nitrogen-reducing system. Lajoie, in his description of the proposal, also explained the four requests for variance of the earlier Felco letter of 5/7/03. Lajoie noted that he would provide a water test, since the present well has a high nitrogen and sodium count and bottled water is now used on the property; he added that shoring would be done to
the excavation. After further BOH discussion which determined that the field measurements were accurate, that an existing holly tree would not be destroyed, and that the studio was assessed as a bedroom, the Board voted unanimously (5-0) for Lezli Rowell's motion (seconded by Ken Granlund) to approve Felco Engineering Plan #02182, dated 3/17/03, and to grant four variances requested in the letters from Felco Engineering, dated 5/7/03 and 6/9/03, for the upgrade of the septic system on the property cited above, subject to the following conditions:
water testing for routine parameters within the next month with results to be reported to the Board of Health
shoring around the excavation to the north for stabilization of the excavation and protection of abutters
no increase in design flow, with this restriction recorded against the deed for the property at the Registry in Barnstable.
Variance Request: Downs, 15 Briar Lane, Assessor's Map #14, Parcel #27. This hearing was continued to June 25, 2003 at the request of David Lajoie of Felco Engineering.
OLD BUSINESS:
Horse Permits/Policy on Stable Variance. The Board turned to the packet of materials provided by the Health Agent for this discussion of BOH policy on permitting for farm animals in preparation for upcoming hearings regarding stable permits (Jim Willis on 6/25, Judy Tesson on 7/9). The material provided a summary of BOH regulations on farm animals, an overview of current BOH issues concerning keeping of animals, and various documents dealing with model health regulations for animal licensing, regulations from other communities, and information on nitrogen loading. Part of the purpose of the discussion was to ascertain whether the Board was satisfied with the regulations as they stood or whether change was needed.
Lezli Rowell moved that the ZBA be requested to send to the BOH any findings of fact regarding special permits granted concerning the Smith barn conversion and animal permit use and the Tesson and Willis animal permit uses. Anne White seconded. The motion carried unanimously, 5-0.
Discussion ensued on BOH Regulation Section 902 (2); it was noted that clarification should be made of whether the Board wished to use a minimum standard of ¾ acre or 30,000 square feet as a basis for permission to keep animals. It was agreed that a change in wording (to strike ¾ acre and retain 30,000 feet) should be decided in an advertised public hearing and that such hearing should be held at the end of August.
Other discussion points included the Board's general satisfaction with the existing animal regulations, the BOH use of best management practices as standards, the granting of variances when necessary, the possible necessity of regulations for dogs, manure management plans, the proper composting of manure, and the upcoming stable hearings.
BFI Licensing. Health Agent Beebe reviewed the ongoing issue of Browning-Ferris Industries' request to be allowed to tip refuse at the Wellfleet landfill. Basically, BFI, which had been licensed to collect and to tip refuse in Wellfleet, was in May 2001 caught tipping refuse from other towns at the Wellfleet transfer station during a spot-check at the transfer station. Since this action results in extra refuse-hauling expense to the town, BFI's tipping privileges were cancelled in Wellfleet, and the tipping license has not been renewed. Recently, Ms. Beebe and Kevin Cahoon of the DPW met with a representative of BFI who requested a renewal of permission to tip garbage in Wellfleet. Cahoon has requested that the current license for BFI be
continued: to collect but not to tip in Wellfleet. This would be beneficial to Wellfleet in that additional expenses for monitoring at the transfer station would not be incurred and that refuse tonnage involved would not put Wellfleet into a SEMASS higher fee category for hauling.
Discussion points included the possibility of BFI's seeking legal redress; a subcommittee to consider fee changes; the suggestion of use of clear bags with BFI stamp and a customer account number, which would make it easy to monitor BFI loads; a customer "pay and throw" plan for the landfill; weighing in empty BFI trucks and checking the time of the weigh-in as another monitoring device; encouragement of community composting of refuse.
Lezli Rowell moved and Ken Granlund seconded that the town retain the "status quo" in its licensing situation with BFI, allowing trash pickup but not tipping in Wellfleet. The motion passed unanimously, 5-0.
Lezli Rowell transmitted to Health Agent Beebe a packet of material (including photos and descriptions) from Ginny Crossman regarding transfer station practices; Ms. Beebe stated that she would investigate this material and that a letter would be sent to Ms. Crossman reporting her findings. Ms. Beebe explained to the BOH the background of a recent "illegal dumping" accusation in the June 6, 2003 Cape Codder.
It was also noted that the plan to cap the dump is now in review; having been tabled for awhile, during which time DEP regulations have changed, the plan is no longer acceptable to the state and is now being worked on by a new engineering firm .
Audubon Request. In a letter of May April 16, 2003, Charlie McKendree of the Wellfleet Bay Wildlife Sanctuary requested permission for the Audubon to bring its beach debris to the transfer station as had previously been the practice. Lezli Rowell moved and Richard Willecke seconded that the Board of Health approve that Wellfleet Bay Wildlife Sanctuary volunteers be allowed to bring beach debris to the disposal area free of charge three times a year. After discussion, in which it was noted that other groups doing the same thing should be similarly accommodated, the motion carried unanimously, 5-0.
Correspondence:
Regarding the letter of 4/19/03 from Howard S. Wensley (state Health & Human Services) to Chief Rosenthal concerning plumbing conditions in the Female/Juvenile cells at the Wellfleet police facility, Rowell asked that a letter be sent to Rosenthal requesting a copy of his intended response to Wensley.
The letter of 5/10/03 from Building Inspector Richard Asmann regarding the Crowell Road lots was discussed; the Health Agent noted that the situation was precipitated by an oil spill in which hundreds of gallons of oil were lost in a short period of time, affecting one well in the neighborhood.
A letter of 5/16/03 from Tricia Lindauer of the Cape Cod Regional Tobacco Control Program noted that a round of compliance checks of tobacco retailers in Wellfleet had resulted in two sales to minors at Farrell's Market and Wellfleet Village Mobil. It was decided that a letter from the BOH should be sent to each establishment citing BOH Regulations Section 4007 A, Sales to a Minor. Health Agent Beebe noted that the Tobacco Control Program has asked to meet with the BOH in the near future.
Reorganization of the Board of Health. It was decided that reorganization of the Board would take place at the first meeting in July, with Betty Kimball to chair the meetings until then.
Licenses. The Board members signed the following business licenses:
Harborside Village Cooperative Corporation
United Wellfleet Shellfisherman: Clam boil
Matthew A. Frazier Ent., Inc/Johnny on the Spot
Browning-Ferris Industries
Nauset Disposal
Lezli Rowell moved that the meeting be adjourned; Richard Willecke seconded; the meeting adjourned at 9:30 p.m.
Respectfully submitted,
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Frances J. Castillo, Assistant to the Committee Secretary
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