Meeting
Minutes
Members Present: Mark Baker, Duane Gregory, Cindi Gast, Ken Janson and Dan
Brown.
Health Agent: Jane Evans Raasch
Health
Inspector: Patricia Pajaron
The meeting was
called to order at 6PM and took place in the Caucus Hall of Provincetown Town
Hall.
Public Comments
Dr. John
Livingstone expressed concern about a request pending with the BoS to increase
Provincetown Harbor’s mooring field and the dog leash by-law in terms of their
effect on the harbor’s beaches’ water quality. He stated that he wants to make
sure that there is an integrated plan and that all parties have all the
necessary information prior to decision-making.
New Business
Barbara Collette – New massage therapist
license
Pat Pajaron noted that
everything is in order to grant the license. She will be practicing at Shui Spa
at the Crowne Pointe.
Motion: Cindi Gast made a motion to approve
issuance of a massage therapist license, Ken Janson seconded, and it passed
5-0-0.
Doug Freeman – Temporary tattoo artist permit
This case was rescheduled
until August 26, 2004
520 Commercial Street – Plan review
This case was respectfully withdrawn until a later
date.
48 Commercial Street – Variance request
Duane Gregory
recused herself as she is an abutter. Alan Cabral of Felco presented on behalf
of the owner, Adam Schoenhardt. Alan showed the Board the submitted plans.
Abutter Rafael LaMantia wanted to know about plans, re:leaching field placement
and proximity to his property.
Motion: Mark Baker made a motion to
approve the requested variances for Job #04085 at 48 Commercial Street with the
following two conditions:
- That
the deck support sono tubes are not placed on the tank or pump chamber,
and
- That
appropriate access holes are made in the deck to allow access to the tank.
Ken Janson seconded, and it passed 4-0-0.
Discussion
26 Alden Street
Motion: Mark Baker made a motion to issue
an Administrative Consent Order for Phase I and allow continued inspection and
pumping as needed for up to 6 months at which time a compliant Title 5 must be
installed or the property is hooked up to the municipal sewer system. Cindi
Gast seconded and it passed 5-0-0.
After reviewing
previous BoH minutes, Ken Janson stated that an ACO was to have already been
issued to 26 Alden St. – this according
to the BoH minutes from January 8, 2004. After further review of these minutes
(when a 6-month extension was granted) and those of December 4, 2003 (when a
30-day extension was granted), it was determined that the town is presently in
violation of the BoH’s Order to Correct.
Motion: Mark Baker made motion to
reconsider tonight’s previous vote on 26 Alden St. based on new information
provided by Ken Janson. Duane Gregory seconded and it passed 5-0-0.
Motion: Mark Baker made a motion pursuant to the Board of Health’s decision of January 8, 2004. The Town is found to be in violation of the Order to Correct. The Town is therefore ordered to decide within 30 days to install a compliant Title 5 system or hook into the municipal sewer system. Whichever decision is made, the decision must be completely enacted within six (6) months (by February 12, 2005) during which time continued monitoring and pumping of the failed septic systems is required as needed to prevent any public health or environmental hazard(s). Cynthia Gast seconded the motion and it passed unanimously 5-0-0.
Leash Bylaw
The
Health Inspector stated that there are 2 issues - #1 is public safety in that
dogs are still running out of sight and voice control of their owners, and #2
is that dog owners are not cleaning up after their dogs when they are out of
sight (e.g., at the Town Landing at the Coast Guard Station). The Board
pondering whether the number of beach closings this year were caused by the dog
feces, and it was noted that seabird feces, seaweed wrack and storm run-off
also probably contributed to the closings. Then, the increased number of dog
bites was also raised. Pat is meeting with the state regional beach coordinator
tomorrow to do a beach survey. Pat will present statistics at next meeting comparing
pre- and post-Bylaw the number of dog bites as well as citations issued by
animal control office. This issue will be put on agenda for further discussion
at the next meeting.
BoH Regulation revision
Jane handed out
the most recently revised proposed regulations for the Board’s consideration.
She asked that the BoH pay particular attention to the section mentioning the
automatic failure of cesspools, and the section mentioning mandatory pumping.
Approval of Minutes from July 22,2004
Motion: Ken Janson made a motion to
approve minutes from July 22, 2004. Dan
Brown seconded and it passed 5-0-0.
Any other business that shall properly
come before the Board
- Mark Baker announced that a formal
invitation was received to meet with BoS whenever the BoH wishes to
discuss the issue of an appointed vs. an elected BoH.
- John Turkel from Acapulco Gold is
still doing illegal body piercing. Pat issued a ticket on August 10, 2004.
- Board Educational Outreach program
being put together by Doug Johnston. He would like feedback as to what
information might be helpful to members. The BoH made several suggestion
that Mark will email to Doug.
Health Agent’s and Health Inspector’s
Reports
Health Agent:
- Jane noted that she had submitted a
report to the BoH concerning the overflows at 11 Bangs St. This abandoned
cesspool apparently still has a washing machine hooked into it. The
problem will be rectified by this weekend by Jimmy Roderick.
- Jane submitted a report to the BoH
concerning the sewer incident (failure of system) that occurred last
Sunday. The BoH finds that: (a) The Town Health Department personnel
should continue to be notified immediately by either the police and/or the
sewer personnel when accidents at the plant or in the system occur, (b)
The Town Health Department personnel should continue the practice of
keeping in constant contact with appropriate police and sewer personnel –
the latter of which have much more means than the Town’s Health Department
personnel to respond appropriately, and are responsible by license,
contract and DEP approval to report and rectify sewer emergencies, and (c)
It is at the Health Department personnel’s discretion whether to respond
on-site based on the level of public health threat. Furthermore, the BoH
finds that the Sewer Team should meet as soon as possible with the
appropriate Town police officers and sewer personnel to review and modify
if necessary the protocol for reporting sewer emergencies since the
problems encountered on Sunday were exacerbated by incorrect information
given to the sewer personnel about the spills.
Health Inspector:
- No beach closures this week – which
is good news!
- Pat is appropriately working with
the MDPH to track and report a recent case of bacterial meningitis.
Board Member’s Statements
Cindi Gast –
None.
Duane Gregory –
Following up on 457 Commercial Street, she spoke to Cheryl Andrews who stated
that Duane’s interpretation of the regulations were what was intended when it
was written, but the current BoH has the right to interpret those regulations
as they see fit. Discussion ensued about possibly cleaning up the language in
this particular regulation during our current revision process.
Mark Baker –
None.
Ken Janson –
None.
Dan Brown –
Wondered if there had been any movement on the issue of noise from motorcycles.
Also wondered if the BoH should consider once a month “working sessions” or
just continue with “discussion” on regular meeting agendas.
Motion: Mark Baker moved to adjourn, Ken Janson seconded, and it passed 5-0-0-
The meeting
adjourned at 7:53 PM
Respectfully
submitted,
Recording
Secretary
Approved
by:
Mark W. Baker, Chair Date