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Board of Heathl Minutes 06/23/10
Wellfleet Board of Health
Minutes of Meeting of June 23, 2010
Senior Center, Long Pond Room, 7:00 p.m.
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Present:  Richard Willecke, John O’Hara, Ken Granlund, Alex Hay, Agent Hillary Greenberg-Lemos, Assistant Agent Andrew Petty, and Christine Bates
Regrets:  Lezli Rowell
Chair Willecke opened the meeting at 7:01 pm.

1.      Title V Variances Requests

Bell, 1527 Baker Ave., Map 14, Parcel 188, variance request.  Tim Brady of East Cape Engineering represented the applicant and gave an overview of the proposed project to upgrade the septic system.  He stated they would like to maintain the well which is located 50 feet from the leaching system until town water is available at the site.  There was discussion involving proof of deposit or pre-payment for town water hook up.  Alex Hay stated the water commissioners have advised that people can hook up to the water system, although the water will not be turned on.  Richard Willecke moved to approve the East Cape Plan 09278SPL dated 05/21/10 and grant the five variances in the letter of 05/19/10 for the upgrade of a septic system to serve a five bedroom structure, a grandfathered, non-conforming with respect to the Nitrogen Loading Limitation subject to the following standard conditions:
a.      Design flow is to be limited to 550 gpd, to serve five bedrooms.
b.      No increase in habitable area without Board of Health review.
c.      There is to be no conversion of use without Board of Health review.
d.      Any replacement of on-site well connection with Municipal Water Supply shall be done under benefit of proper plumbing and electrical permits,   and authorization by the Water Commissioners, and in compliance with the Water System rules and regulations.  
e.      Any restriction in design flow and all conditions shall be recorded against the deed for the property at the Registry in Barnstable, and proof of       deed recording shall be submitted to the Health Department prior to the issuance of the Disposal Works Permit.
f.      Disposal Works Construction Permit not to be issued until property has water system hook-up commitment, and has paid the connection fee.

seconded by John O’Hara; passed 4-0.    
 
2.      Business
Manure Composting:  Board of Health Regulation changes – Discussion.  Chair Willecke stated Mark Vincent had been invited to come to the meeting regarding manure composting but Vincent declined, stating that after speaking with DEP, there was additional information required.  Agent Greenberg-Lemos presented a draft proposal horse manure composting program:
·       Control days and hours of manure intake to ensure sufficient staff at DPW/Health & Conservation
·       Residents dispose of manure from horses with a vegetarian diet in designated manure area.  Designated area should have a concrete pad and               jersey barriers to keep manure in place and contained.
·       Manure will be moved by Town employees with front end loader and mixed into yard waste/grass clipping pile.  Manure shall be covred with                yard waste so no fresh manure is on the surface.
·       Active compost pile will be turned 1 – 2 times per month
·       Active compost pile will be turned for 6 – 8 months
·       Compost will then be screened and / or grinded
·       Compost is read for residents to pick up and the Town to use in planting and mulching operations.  

Although the amount of manure is unknown, we know there are 19 horses in the Town of Wellfleet.  There was discussion narrowing down the days and hours of receipt.  Vincent stated he would need to know the exact location of the compost pile in relation abutting properties.  Agent Greenberg stated the plan would need to be approved by the DPW and MA DEP.  The Town already has a valid site assignment so no formal application would need to be submitted to the MA DEP.  There was discussion adding chicken, goat, etc. manure to the compost pile as well as fish.  Agent Greenberg-Lemos stated the Board would require an additional public hearing to add the horse manure composting to the regulations.  The Board agreed to have the meeting in September 2010.  Alex Hay recommended there be no charge for dropping off the manure, and have a fee / charge for taking out the composted manure.  Agent Greenberg-Lemos will talk to the Town Administrator.

Complaints to Health Agent:  The Board discussed if the Agents should follow up on complaints that are anonymous.  Agent Greenberg-Lemos gave an example of a recent complaint made regarding a business, and the business owner then contacted the complainant, who then contact the Agent, stating they had not wanted their name mentioned.  Agent Greenberg-Lemos stated all complaints are followed up with a site visit.  Discussion took place regarding potential harassment and the legitimacy of the complaints by anonymous people. Agent Greenberg-Lemos stated she requested Town Counsel’s advice regarding complaints but the Town Administrator would not allow her to contact them.  She then called Attorney Ben Zehnder, who stated he will follow up with the concerns.  She will also contact the Attorney Generals office for further advice.  The consensus of the Board is that those accused should have the right to defend themselves and should know who is making accusations.  Agent Greenberg-Lemos stated the majority of towns on the Cape will not respond to anonymous complaints and have a form which must be filled out at the Health Agent’s office.   Greenberg-Lemos presented a draft complaint form and the Board agreed it should be utilized and signed by those making complaints.   Alex Hay recommended the agents make a phone call prior to a site visit.  Willecke stated he would like to have something on file regarding complaints.

Greenberg-Lemos informed the Board she would be making a site visit to a Pond Avenue dwelling who had been advertising summer rental, originally stating there were several bedrooms.  The dwelling is a one bedroom dwelling, and the owner has modified the ad.  .  

The agents have been performing inspections at restaurants, food manufacturers, beaches, performing water tests at fresh water ponds, placing sign postings at the ponds, etc.  Agent Greenberg-Lemos stated the ponds in the National Seashore are not tested.    

The Board will have a meeting on July 14, 2010 and determine the August meeting schedule.   The public hearing for the regulations will be addressed in September 2010.

3.      Licenses
Signed were signed by the Board.

4.      Minutes
Alex Hay moved to approve the 05/13/2010 meeting minutes as amended;  seconded by John O’Hara; passed 4-0.

The 05/26/2010 meeting minutes require a quorum for approval.

5.      Correspondence  
None
Richard Willecke moved to adjourn at 8:10 pm; seconded by John O’Hara; passed 4-0.
Respectfully submitted,
Christine Bates, Committee Secretary