Public Meeting
April 2, 2009
Grace Gouveia – Room 10
5:00 p.m.
Members Present: Jerry
Anathan,
John Livingstone, and Mark Phillips.
Members Absent: none
Staff: Brian Carlson, Health Inspector
Ruth Ann Cowing,
Animal Control Officer
Jane Evans, Health Agent
David Gardner Ass’t
Town Manager
The meeting was called to
order at 5:02 p.m.
AGENDA
Public Hearing
Town Meeting Warrant
Articles Recommendations
STM Article 2 – Wastewater
Optimization & Expansion – Borrowing Authorization.
Motion: Move to support STM Article 2.
Motion: Ken Janson Seconded: John Livingstone Vote: 5-0-0.
ATM Article 5 – FY 2010
Motion: Move to support ATM Article 5.
Motion: Ken Janson Seconded: John Livingstone Vote: 5-0-0.
ATM Article 7 – FY 2010
Capital Improvements Program
Motion: Move to support ATM Article 7.
Motion: Ken Janson Seconded: Jerry Anathan Vote: 5-0-0.
ATM Article 9 – Cape Cod
Greenhead Fly Control District Assessment.
Motion: Move to support ATM Article 9.
Motion:
ATM Article 15 – FY 2010
Human Services Grant Program.
Motion: Move to support ATM Article 15.
Motion: Mark Phillips Seconded: Ken Janson Vote: 5-0-0.
ATM Article 23 – Licensing
and vaccination of dogs.
Motion: Move to support ATM Article 23.
Motion: Ken Janson Seconded: John Livingston Vote: 5-0-0.
ATM Article 24 – Safe
Transportation of Animals.
Motion: Move to support ATM Article 24.
Motion:
ATM Article 25 – Control
of dogs.
Motion: Move to support ATM Article 25.
Motion: Ken Janson Seconded: Mark Phillips Vote:
4-1-0 opposed (JL).
New Business
ACO Request
Owners present: Ernest
Nieratka and Edy Pye. They have been pumping regularly and it is anticipated
that the sewer will be available to them by the fall of this year.
Motion: Move to approve the ACO request with the
condition that pumping continue as needed to avoid discharge to the surface or
back up into their basement. Should
either one of these situations occur then the owners will be required to
provide a “quick fix” as authorized and permitted by the health agent.
Motion: John Livingstone Seconded: Jerry Anathan Vote:
5-0-0.
Appeal Health Agent Decision
– Bedroom Count
Chris Snow presented the
case. The house has three heated
bedrooms and one unheated. The unheated
room meets all other criteria for a bedroom.
Motion: Move to grant the property a 4 bedroom
determination based on its historic use.
Motion:
Discussion
Since a very large group was
in attendance for the Animal Welfare Committee (AWC) – the following motion was
made:
Motion: Move to switch the order of discussion items
and take the AWC first and the Habitations for Rent second.
Motion: John Livingstone Seconded: Jerry Anathan Vote:
5-0-0.
AWC Request to Rescind
Existing BoH Leash Requirement
Leslie Parsons, Candace
Nagle, and Carol McDonald, members of the AWC were in attendance along with
many supporters.
Candace Nagel asked for a
poll of the audience in attendance and about 15 people were in support.
Elizabeth Bridgewater spoke
in favor of rescinding the bylaw repeating that rabies was no longer an
issue.
Chris Snow said that he
opposes rescinding this bylaw. His
problem is with dog excrement being left on the beach. He thinks it happens
most when they are off leash. He also
feels the coliform levels in the harbor are seriously impacted by dog
excrement.
David Gardner reminded the
board that they had just voted to support Article 25.
Duane pointed out that the
BoH did the right thing at the time because of the presence of rabies. That was
the only reason for our action at the time.
If we try to say that we are continuing to keep this regulation in
effect because of rabies, citizens would be petitioning the Selectmen for our
resignations.
Ken Janson prefers dogs be on
leash, but understands that we should not over step our authority.
Mark Phillips praised the AWC
for their efforts and suggests they continue their outreach effort.
John Livingstone also would
like to see the AWC continue their educational outreach. He agrees with Chris Snow’s opinion that dogs
off leash are more likely to leave excrement on the beach that their owners
don’t pick up. He is also concerned
about children possibly contracting diseases from dog’s excrement months after
exposure. He also doesn’t feel the threat of rabies is totally gone.
Brian Carlson, the health
inspector, agrees the threat is not 100% over.
We are baiting for the 3rd year now.
Jane Evans said that people
may be coming into town who don’t have their dogs vaccinated.
Ruth Ann Cowing said that if
dogs get bitten or bite someone they are still quarantined for a 10 day period
whether or not they’ve had vaccinations.
Motion: Move rescind
Motion: Jerry Anathan Seconded:
Habitations for Rent -
Proposed BoH Regulation
A couple of people were in
attendance regarding this regulation.
Motion by Mark Phillips
Seconded: John Livingstone Vote:
5-0-0 to allow comments .
Duane thanked Brian, David,
and Jane for all their tweaking of the habitations for rent document. The BoH
also spent a great deal time on these regulations.
Chris Snow said that he’d be
remiss if he didn’t comment on fees. The
fee must be the equivalent of the cost of the service. It’s a great opportunity for filling the
coffers but then you have a tax and not a fee.
Astrid Berg said that she
agreed with Chris Snow.
Jane said that David Gardner
did a detailed analysis and charging a fee of $120 for 1st unit and
$50 for each unit after is justifiable.
Duane thought we may be able
to have the renewals be less. David said
that the issue is the time involved.
Chris said that with all due
respect to David the time involved is irrelevant to the fee charged for the
service rendered.
Brian C. suggested that we
evaluate it once it’s been in place for about a year.
John Livingstone though that
the annual renewal fee might be lower.
There was a great deal of
conversation about the cost and the discussion took into consideration all the
comments from the original public hearing.
Jerry suggested we just have
the inspection be valid for three years. David felt that would make the
administration and enforcement aspect much more streamlined.
Motion: Move that the BoH promulgate Regulation Part
XIV Habitations for Rent, Article 1, Sections 1-13 as finally amended –
contingent that the Health Agent send to each member to review for content
(typos etc) the final draft for publication.
Inspections will be valid for three years for a fee of $120 for the
first unit and $50 for each additional unit.
Motion: Jerry Anathan Seconded: Ken Janson Vote: 5-0-0.
Regarding Bedroom
definition changes. Duane suggested the
word “cased” be removed in order to avoid confusion. The Board was in
agreement.
Motion: Amend Board of
Health Regulation Part VII - Local Title V Supplements, Article 9 – Definitions
- Bedroom as amended.
Motion:
Approval of Minutes for
October 16, 2008, January 22, 2009, February 26, 2009 and March 12, 2009
Motion: Move to approve the minutes of the October
16, 2008 meeting.
Motion: John Livingstone Seconded: Ken Janson
Vote: 3-0-2 ab
(DG & MP)
Motion: Move to approve the minutes of the January
22, 2009 meeting.
Motion: Jerry Anathan Seconded: John Livingstone
Vote:
3-0-2 ab (KJ & MP)
Motion: Move to approve the minutes of the February
25, 2009 meeting.
Motion: Mark Phillips Seconded: Ken Janson
Vote: 4-0-1 ab (JA)
Motion: Move to approve the minutes of the March 12,
2009 meeting.
Motion: Mark Phillips Seconded: Ken Janson Vote:
4-0-1 ab (JA)
Any other business that
shall properly come before the Board
Duane further said that
another problem will be enforcement.
John L. feels that it’s an administrative dilemma. She also said that John’s other option is to
go to the BoS under public statements.
John will think it over.
Duane talked about email and
open meeting. Emails to a quorum of the board should only be informational, not
stating opinions etc. That should be
reserved for public meeting.
Health Agent’s Report
Jane Evans said most of what
she had to say is in the packet which was handed out to the members of the
BoH. She’s been very busy and it has to
do with the time of year.
She has been swamped with
building permits, etc. She’s also
finding that there seems to be an epidemic of illegal conversions of
art studios to dwelling units.
Health Inspector’s Report
Brian Carlson had a Letter of
Agreement that he would like signed by the Chair. The letter was an invitation for him to join
a “community-based” program for
emergency preparedness. It is an
agreement with the Cape Cod Medical Reserve Corps.
Motion: Move to have Duane endorse the Letter of
Agreement on behalf of the BoH
Motion: Ken Janson Seconded: Mark Phillips Vote: 5-0-0.
Also Brian informed the BoH
of his endeavors on behalf of bringing the Old Colony Tap up to code. This is a work in progress with a 90 day
order to correct deficiencies.
Brian continues working with
a tenant at 130A
Brian is also overseeing a
stable complaint at a
The meeting adjourned at 7:10
p.m.
Respectfully submitted,
Approved by the Board of
Health on ______________________,2009