Board of Health
5:00 p.m.
Members Present: Jerry Anathan, Mark Baker, Dan Brown,
and Duane Gregory
Members Absent: None
Health Agent: Jane Evans
Health Inspector: Vacant
The meeting was called to order at 5:00 p.m.
AGENDA
Public Comments
There were none.
New Business
Stephanie Mattfeld
New Massage Therapist
Jane said she had received all the necessary information and paper-work from Stephanie Mattfeld. She told the applicant that – in the future – the only requisites will be that - every year a negative TB test and proof of insurance has to be submitted. Stephanie will be working at the Blu-Day spa.
Motion: Dan Brown made a motion to approve the
license for Stephanie Mattfeld; Jerry Anathan seconded the motion and it was approved
4-0-0.
David Cohen
New Temporary Tattoo Artist
This application has been withdrawn by the applicant.
Motion: Dan Brown made a motion to take Robert Payne
for his dual license application in the place of the cancellation of David
Cohen. Duane Gregory seconded the
motion and it was approved 4-0-0.
Dan Brown stepped down from the Robert Payne case.
Robert Payne had a dual license application: 1) for a Massage Therapist’s license, and 2) for a massage business license.
Jane Evans said she had conducted a walk-thru of his property today (44 Harry Kemp Way – Unit #4) and had found all in order except for fire extinguishers (one was needed for each floor). He brought to the meeting a receipt for the purchase of two fire extinguishers purchased that very day. Jane recommended approving the applications for both licenses and cautioned that there was to be no outdoor massage.
Motion: Jerry Anathan made a motion to approve the
new massage therapist license for Robert Payne. Duane Gregory seconded the motion and it was approved 3-0-0.
Motion: Mark Baker made a motion to approve the
massage business license for Robert Payne at 44 Harry Kemp Way – Unit #4; Duane
Gregory seconded the motion and it was approved 3-0-0.
656 Commercial Street
Appeal Health Agents
Decision
The case was presented by Todd’s wife and his son. The wife said she had rented the garage and didn’t get enough rent so she decided to sell it. The problem she encountered was with the septic. When Mr. Roderick inspected it he said the system had failed because it hadn’t been hooked up. As the story unfolded, a plan was drawn up for a septic system in 1987, complete with variances and it was never hooked up; the garage just continued to use the existing cesspool. (You have three years from the time of the approved septic to install it.) This was not done.
Jane Evans is comfortable with Jimmy Roderick’s assessment. Further, there was
never any sign-off on the system being installed. Jane also said that the plan would not be approved today since it doesn’t have a 4 ft. separation between the leaching field and the holding tank.
The situation is an unhappy one; Todd Henning was seriously injured in a motor-cycle accident several years ago and the family is now struggling financially.
The BoH brainstormed to find a plausible solution for the Hennings and this is what they came up with:
The property can be rented as a garage and, as long as the cesspool remains working properly, the cesspool will not be deemed failed. It was also suggested that there are still low-interest loans available for putting in systems. Kendall Ayres at Barnstable County Health Department would be the person to contact. He would be able to help the Hennings if a loan is what they’d like to get. Also, it was suggested that they ask for a loan for the engineering, too.
Miriam Henning was advised to talk to William Rogers, II again. Give him a phone call so that he can check his records and perhaps advise.
Jane Evans wanted to go on record as having a lot of difficulty with people taking property off the market rather than accepting that the property has a failed septic; she continued that she is not in favor of people doing that.
Motion: Duane Gregory moved to modify the Health
Agent’s decision after a discussion with the applicants and to allow them to
continue the present use of the property as a garage and continue to operate
with their present cesspool with two conditions, that failure would be
immediate:
1. If there were a sale of the property; or
2. If there were a change of use.
Jerry Anathan
seconded the motion and it was approved 4-0-0.
The entire file of the above property has been missing from the files for only a short time.
Douglas Walker
Appeal Health Agents Decision
He was a “no show.”
Approval of Minutes
for July 7, 2005
Motion: Jerry Anathan made a motion to approve the minutes of the July 7, 2005 meeting. Duane Gregory seconded the motion and it was approved 4-0-0.
Any other business that shall properly come before the Board
There was a discussion of a memo from Keith Bergman (KAB) sent to the Chairs of several committees (the BoH, ZBA, Planning, W&S, etc.) regarding a BoS meeting on Monday July 25th to discuss the Growth Management By-Law as well as the ACOs. Most members felt that the announcement was rather short notice. Most will try to attend.
At this point in time (around 6:00 p.m.) Cheryl Andrews showed up. She wondered if anyone had any questions for her? No one did.
Duane Gregory then said that with Mark Baker resigning, the BoH needed a reorganization.
Motion: Duane Gregory made a motion to nominate Dan
Brown as Chair. Jerry Anathan seconded
the motion and it was approved 4-0-0.
Motion: Jerry Anathan made a motion to nominate
Duane Gregory as Vice Chair. Dan Brown
seconded the motion and it was approved 4-0-0.
Motion: Dan Brown made a motion to nominate Jerry
Anathan as Clerk. Duane Gregory
seconded the motion and it was approved 4-0-0.
Health Agent’s and Health Inspector’s Reports
Jane Evans asked the group to look at their public hearing hand-out. It has been an awful two weeks because of the budget crisis. Each department has been asked to really take a look at their fees and come up with some significant increases. The hand-out projects increases. When Jane was asked how it compared with other towns, she said it is higher-end pricing and goes into effect immediately. There are two new fees. When she gets called out for a final inspection and they are not ready, there is a re-inspection fee of $25 – it’s a low to mid price.
Dan said he doesn’t have problems with business fees but is concerned with increasing fees to private residences.
Consensus of the BoH – August 18th is O.K. to advertise a Public Hearing for the increase of fees.
Brian Colsom has received Jane’s recommendation for Health Inspector. Jane also informed the group that August 22nd thru Labor Day will her vacation.
Next week Jane has a doctor’s appointment in Boston and also has one day in court for George Bryant. The Judge will be coming out to inspect Bryant’s property on July 28th or 29th.
Jane Evans said she is only working a 3-day week with the extra two days assigned as needed. Keeps her wondering about the stability of her position.
Board Members’ Statements
Dan Brown thanked Mark Baker for his many years of service and also thanked Jane for all her hard work while she has been without a Health Inspector.
Duane Gregory also thanked Mark Baker for his 5 years and 1 month on the BoH.
Jerry Anathan wished Mark Baker best of all good luck in the future.
Mark Baker was given a huge round of applause by those gathered.
The meeting adjourned at 6:22 p.m.
Respectfully submitted,
Evelyn Gaudiano
Evelyn Rogers Gaudiano
Approved by ____________________________on ______________, 2005.