Public Meeting
Provincetown
Board of Health
Caucus Hall
September 21,
2006
5:00 p.m.
Members Present: Jerry
Anathan, Duane Gregory, Tom Gaudreau,
Ken Janson, and John Livingstone (arrived 5:12p).
Members Absent:
None
Health Agent: Jane
Evans
Health Inspector: Brian Carlson
The
meeting was called to order at 5:00 p.m.
AGENDA
Public Comments
There
were none.
New Business
Nancy O. Robsham
New Massage Therapist
She
will be working at a spa located at 361 Commercial Street. Brian Carlson said that her paperwork was in
order. Duane Gregory asked if we just
have a photo or is it proof of identification.
She would like all applicants to have photo I.D. put into their file.
Motion: Approve the new massage therapist license
for Nancy O. Robsham.
Motion: Jerry Anathan Seconded: Tom Gaudreau
Vote: 4-0-0.
Michael Wilson
New Massage Therapist
Mr.
Wilson was late so a motion was made, seconded and approved by a vote of 4-0-0
to take his application "out of order" whenever he arrived.
Michael
Wilson came in close to the end of the meeting and was heard at that time. He will be working at a salon at 361
Commercial Street. He did show his
driver’s license and a copy was made for his folder. John Livingstone asked him if he had any diseases that he hadn't
disclosed? The answer was,
"No."
Motion: Approve the new massage therapist license
for Michael Wilson.
Motion: Tom Gaudreau Seconded: Ken
Janson Vote: 5-0-0.
8 Holway Avenue
ACO Request
The
applicants/owners, Charles and Elizabeth Welsh, presented their case before the
BoH. Their property is currently being
served by two cesspools. The owners
would like to obtain an Administrative Consent Order in lieu of installing a
new septic system. Their septic was
inspected and found to be in good working order; they are going to continue to
use the system until the hook up.
Motion: Approve the request for an ACO for 8 Holway
Avenue.
Motion: Ken Janson Seconded: Jerry
Anathan Vote: 4-0-0.
John
Livingstone arrived at this time - about 5:12 p.m.
580 – 582 Commercial Street
Title 5 variance
Reggie
from Coastal Engineering presented the plan to the BoH on behalf of the owner,
Gerald Giardelli.
Motion: Approval of the Title 5 with a deed
restriction to be recorded at the Barnstable County Registry of Deeds limiting
the number of bedrooms to the existing six and proof of recording provided to
the Health Agent prior to issuance of the Septic System Installation Permit.
Motion: John Livingstone Seconded: Jerry
Anathan Vote: 5-0-0.
Discussion
Transfer Station Protocol
and Fees – Sandy Turner
Duane
Gregory asked Sandy Turner what the protocol is on how people are charged. If they have curbside pickup then anything
over 2 bags is charged at $4 a bag.
Sandy said she has no control if people have curbside pick-up and they
bring in bags, too. The sanitation men
can’t keep track of who gets pick-ups and who doesn’t. By having people come through that gate – we
can’t tell you whether they put out bags or not. Duane asked who are the residences with no curbside? Answer: condo units with more than 8 units
have no curbside pick-up.
The
DPW has a list by addresses for free dumping.
If James Menangas is off for two days a week then we can’t track by
memory. Also Sandy told about confusing
rules regarding inner areas of condo complexes who can’t have curbside pick-up
because it would promote a liability issue for the rubbish truck to enter the
private property. The address list they
use comes from the Assessor’s Office.
Trash is expensive to deal with.
We don’t charge anyone to recycle.
No charge for plastic, cans, bottles, etc.
John
L said, "From a health point of view – if people are here on vacation –
what do people do with smelly garbage?"
Answer, "Better have a nice neighbor or a private hauler. If they show up at the Transfer Station,
then they’re going to be charged."
Phil
Gaudiano, a member of the audience, expressed how incensed he was by being
charged $4/bag and feels as a taxpayer, he should be able to occasionally take
extra garbage to the transfer station.
Revised Tobacco Regulations
Motion: Approve the revised tobacco regulations.
Motion: Jerry Anathan Seconded: Tom
Gaudreau Vote: 5-0-0.
Smoking at the VFW Hall
Motion: Postpone the discussion for a later meeting.
Motion: Ken Janson Seconded: Tom
Gaudreau Vote: 5-0-0.
Approval of Minutes for
August 10 and 24, 2006
Motion: Approve the minutes for the August 10th
meeting (with attachments).
Motion: Jerry Anathan Seconded: Ken Janson Vote:
3-0-2 ab (TG & DG)
Motion: Approve the minutes for the August 24th
meeting
Motion: Jerry Anathan Seconded: Ken
Janson Vote: 5-0-0.
Any other business that
shall properly come before the Board
Health Agent’s Report
Jane
presented the selectmen's agenda for the upcoming Joint BoH meeting on
Monday. The BoH was last after several
other joint meetings. The Selectmen are
going to possibly change the way the agenda items can be heard at their
meetings. If they do, that would be
effective after October 1. The
consensus of the Board is that they do not want to have to wait around while
other, possibly lengthy, agenda items are being heard by the selectmen.
Motion: Postpone the joint meeting with the BoS
until we can get a definite start time on their agenda.
Motion: Duane Gregory Seconded: Jerry
Anathan Vote: 5-0-0.
The
members were all asked to save their BoS packets for an eventual future
meeting. At one time Cheryl Andrews was
trying to have us set a sewer protocol meeting at a joint meeting in order to
aid with timing for a special fall town meeting. Since that has been done there is no urgency for the joint
meeting.
Richard
Faust, the Assistant Assessor, reported to Jane Evans that Ken Weiss was in
violation of his deed restriction at 60 Race Point Road, Unit 16. Jane had no choice but to investigate since
a complaint was made. There is a woman
and her 17 year-old son living in the unit.
The woman reported to Jane that she knew nothing about a deed
restriction. Jane observed the finished
basement being used for sleeping purposes.
There were e-mails of record from Mr. Weiss after hearing from his
tenant about the inspection stating that was not how he rented her the unit and
he would order her to vacate by September 30.
Duane
disclosed that she was previously involved in a business relationship with Ken
Weiss but is no longer, nor does her office presently represent Mr. Weiss as a
real estate listing agency. Ken Weiss
was not contacted to get his version of the situation. A Cease and Desist letter was sent to him on
September 20. Since the original e-mail
from Mr. Weiss was dated September 20, it is highly unlikely he had received the
letter by then.
Duane
expressed dismay with the assumptions in the letter that was sent and felt the
facts may not have been thoroughly researched before the letter was sent. She explained to the Board that once a
tenant takes possession of a property, the landlord can't just go in and look
around to make sure things are the way they should be. She felt that Mr. Weiss wasn't given any
opportunity to explain how this situation may have come about and perhaps the
letter was sent too hastily and punitively due to pressuring from the Assessor's
office and DRM. She wasn't clear who really
was in violation, the Landlord or the Tenant.
There was also no direct evidence of a signed lease. There is a real possibility she is a tenant
at will. Duane offered to try to
contact Mr. Weiss as soon as possible (since our next meeting is October 5th
and he was going to have her vacate by September 30th) to assure him
that the Board in no way wants to see this woman and her son evicted from this
apartment, only that the basement not be used for sleeping purposes.
The
Health Agent was quite upset, since she certainly had no intentions of seeing
this turn into an eviction situation.
She felt the tenant was an innocent in all this.
Jerry
Anathan said she thinks it’s a good idea to have Duane, as Chair of the
BoH, contact Mr. Weiss to explain that
there may have been an error in how this was handled procedurally. She wants to fix the problem. Dr. Livingstone said we should think about
having a regulation regarding deed restricted property that may be rented. He felt there should be a full disclosure to
tenants about deed restrictions.
Ken
Janson said the basement windows are not legal egress windows which is why it
should not be used for sleeping purposes.
It is a safety issue, as well as a Title V flow issue. Jane felt that in the future the bedroom
restriction should be required in a lease.
Maybe the wording on the actual deed restriction needs to change.
Regarding
the Chairs of the Zoning and Planning Board attending our next meeting to
discuss our procedures for assigning flow, Jane will thoroughly research our
regs and specifically research the properties they mentioned in the letter sent
to the Chair. She hopes to have them in
our packets a few days before the meeting so we all have adequate time to
review.
Health Inspector’s Report
Brian
Carlson citing a Supreme Court Ruling that BoH may regulate no smoking
restrictions in private clubs. There is
an outcry from some of the members of private clubs which are exempt from
smoking restrictions, i.e. Masons, K of
C, etc.
Brian
also heard from the Chief of Police about emergency preparedness training. It is hoped that all public officials should
become trained.
Someone
e-mailed Brian & said his partner acquired Lyme’s disease while he was
here.
Board Members’ Statements
Ken
Janson, regarding the attendance of the chairs of the ZBA and Planning, said
that the important thing is what our regs say – so that has to be part of the
package. Jane replied that our BoH regs
are for health department purposes. The
Building Commissioner has the final decision on what is permitted and not the
Health Agent. Ken Janson felt that we
should have Doug Taylor at this meeting, too.
He plans to attend.
Adjournment happened at 6:40
p.m.
Respectfully
submitted,
Evelyn Gaudiano
E. Rogers Gaudiano
Approved by _____________________________ on ____________, 2006.
Duane Gregory, Chair