Wellfleet Board of Health
Minutes of Meeting of May 12, 2004
Senior Center, Great Pond Room
Present: Lezli Rowell, Chair; Richard Willecke, Alex Hay, Ken Granlund, Anne White; Emily Beebe, Health Agent
Chair Rowell called the meeting to order at 7:08 p.m. The meeting was tape-recorded.
Minutes of April 14, 2004. Richard Willecke moved and Alex Hay seconded approval of the minutes of 4-14-04; the motion carried, 5-0.
New Business:
Farm Animal Permit: Sharyn Lindsay, 45 Sapokonish Way, Assessor's Map #9, Parcel #602. Since the applicant was already present, the Board agreed to take out of agenda order Ms. Lindsay's request for a Farm Animal Permit to keep 2 pigs on her property at 45 Sapokonish Way until 9-26-04, when they would be slaughtered for a pig roast. (Ken Granlund advised that she not name the pigs). Ms. Lindsay explained that she had kept pigs about eight years ago and had gone through the whole permitting process at that time; she passed around the Board a map of this earlier approval of the site showing the location of the well and septic, noting that she had located the pigs even further away from them this time and that there had been no complaints from the neighbors concerning the previous pig-keeping. The Health Agent indicated that the Health Department would do a site inspection on the property after the Board's decision. Ms. Lindsay stated that manure would be composted and used for
gardening on-site and for landscaping. Richard Willecke moved to permit the application for 2 pigs under the conditions of formulation of a manure management plan submitted to the Health Agent and the use of best manure management practices; Alex Hay seconded; the motion carried, 5-0.
Old Business:
Discussion on enforcement process/progress: Danforth, 5 Holbrook Avenue, Assessor's Map #21, Parcel #105. The Health Agent had provided a comprehensive update on the Danforth enforcement in the meeting packet. The Chair noted that since Ms. Danforth was not present, she was willing to move ahead on the agenda, since the Board had all read the information.
Discussion on BOH Authority to Set Policy and Supervise Staff. Richard Willecke read from the minutes of 12-03-03 the section containing Town Administrator Tim Smith's comments on the function and responsibilities of the BOH, its duties and responsibilities under the Charter, and its relationship with the Health Agent. Willecke stated that this information was contra-indicated by what he had learned at certification training at the Massachusetts Association of Health Boards; he had then gone to the Town Charter in an effort to find Smith's references. He noted that all information he found was fairly general, not as specific as Mr. Smith's indications. He contacted the Senior Staff Attorney at the Massachusetts Association of Health Boards, Cheryl Sbarra, who responded with a memorandum
(5-5-04) which he at this time distributed to the Board. The Chair thanked him for sharing this information and moved that the memo be forwarded from the BOH to the Board of Selectmen. Ken Granlund seconded.
The Health Agent noted that she had researched the roles of agents and boards over the past few years and that each town differed in adopting their own Charters; these Charters supercede the General Laws. The Chair noted that the Charter provisions relevant to the BOH's authority were consistent with Massachusetts General Law. In the Town of Wellfleet Charter, the employment of the agent comes under the Town Administrator. Willecke noted that since Smith had referenced the Charter; he had therefore gone back to the Charter (citing pertinent sections) to try to find specific indication for the Smith's statements. After further discussion, Rowell called for a vote; the motion passed, 5-0.
Correspondence. The Board reviewed correspondence in the packet.
Order to Correct Violations to 105 CMR 410.00 State Sanitary Code served upon Mrs. Madeline Manchuk for 285 Main Street, Unit 2, Assessor's Map #15, Parcel #54. The Health Agent noted that the tenants are withholding rent from the landlord pending settlement.
Outer Cape Water Forum. The Health Agent reported on this meeting, held that afternoon, noting especially the presentation by John Masterson of the US Geological Survey on the findings of the Groundwater Modeling project for the Outer Cape; she also discussed the increase in cooperation between Truro and Provincetown re: water supply sites and the possible coodination of Eastham and Orleans for water resources. Beebe added that she had included a brochure from the Barnstable County Wastewater Implementation Committee (WIC), which has sponsored a project with the USGIS, in the agenda packet.
The Health Agent distributed a notice of the Blood Drive to be held at the Council on Aging on May 27, stating that volunteer workers are needed.
The Chair reviewed the contents of the Correspondence Folder, pointng out the value of seeing other boards' meeting minutes and agendas and calling to the attention of Board members that Roger Cachiotti was pursuing his right of appeal to the DEP.
New Product from Environmental Operating Solutions (EOS). The Health Agent distributed brochures given to her by Richard Lambert, a salesman from EOS, describing a new product which remediates failing leaching pits through a process by which a pump submerged in the pit provides oxygen to wastewater. Called "bio-augmentation," this process releases "bugs" (bacterial) through a pump into the slurry of the leach-pit to provide oxygen. At a cost of $3000 (considerably cheaper than replacement with a Bio-clere system), it may be a solution to some applications, especially in cases of small lots with enough vertical separation to groundwater. Beebe stated that she would be happy to inform the public about it if the Board felt it would be appropriate to try out. The
product has been approved by DEP subject to conditions. (It was noted that this does not constitute an endorsement).
To Richard Willecke's question concerning substantive scientific data back-up, the Health Agent answered she had seen none as yet.
The Chair stated that she would be comfortable seeing applications for this process if conditions were conducive to its use; she pointed out that it would provide avoidance of digging up huge portions of lots.
Agent Beebe commented that the process might work well but did not want to issue a "blank check" for its use in town without analysis. To a question on monitoring of the product in a piloting program, she proposed talking with George Heufelder of Barnstable County about how this could be carried out.
Policy Changes. The Chair asked that the Health Agent provide language for policy changes to be considered in the next year--VOC testing of new or relocated wells, transfer station regulations, above-ground oil tanks, etc. The Health Agent will provide this information.
Brownie's Condominiums--Reclassification of Public Water Supply. Ms. Beebe stated that Brownie's Condos were in the process of reclassifying their public water supply from non-transient non-community (NTNC) to transient non-community (TNC); the paperwork on this reclassification required the signatures of the BOH. Chair Rowell moved and Anne White seconded that the Board approve and sign off on the change in DEP designation of the PWS of Brownies' Condominiums from NTNC to TNC; the motion carried, 5-0. The Board then signed the document.
Ken Granlund moved and Richard Willecke seconded that the meeting be adjourned; the meeting closed at 7:45 p.m.
Respectfully submitted,
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Frances J. Castillo, Committee Secretary
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