4/16/2020 BOARD OF HEALTH Minutes

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Chair Baumgaertel asked if the tarp had ever been put on the pile, and Mr. Harrington answered that it had not. Ms. Warden asked if a cease and desist had been ordered, and Mr. Harrington answered in the affirmative,stating that$23K in fines had also been imposed. None of that seems to be slowing Mr. Cabral's operation down, Ms. Langler expressed her opinion that the Town needs to take care of the clean-up and put a lien on the property. Mr. Harrington explained the process of placing the lien on the property after the money is expended for the clean-up. Mr. Harrington stated that the police could be requested to keep an eye on the property and document any activity that is witnessed. Additionally, police could take action,depending on the condition of the driver while operating the vehicle. Ms. Warden felt It was important to pursue this course of action. Chair Baumgaertel asked if a bench warrant was a possibility, and Mr. Harrington agreed to consult with Town Counsel, pending a vote of Board to authorize that. Mr. Harrington advised Board members that funding to remove the pile would definitely have to be appropriated through Town meeting, as there were no existing funds available to address the problem sooner. There be no further comments or discussion, Veronica Warden moved to authorize the Health Agent to consult with Town Counsel on the appropriate course of action moving forward on the property at 81 Echo Road. Motion seconded by Mallory Langler. Roll call vote: Brian Baumgaertel (yes);Veronica Warden(yes); Mallory Langler(yes). VOTE: Unanimous (3-0). 4. Discussion of Refuse Hauler Regulation. Mr. Harrington commented that in his report to the Town Manager regarding 81 Echo Road, he had advised on the steps needed to prevent similar situations from happening in the future. He stated that hauler inspections are conducted once annually, but that could be increased. Additionally, the Board used to require a surety or performance bond from haulers,•and that provision could be added back into the refuse regulation. Ms. Warden was in favor requiring a bond and suggested a $25K amount would be appropriate. Chair Baumgaertel asked if the fee for the hauler's license would cover the additional staff time to conduct another inspections, and Mr. Harrington felt the current fee of$500 was adequate. Mr. Harrington explained to Board members that the bond amount is not the amount that the individual licensee has to come up with. A bond is essentially a type of insurance. There was discussion whether or not $25K was enough or should the amount be higher, and the Board members ultimately agreed that it was best to start at$25K, knowing that amount could be raised if necessary. Chair Baumgaertel asked what type of incident bonds typically cover, and Ms. Warden answered that they were previously forfailure to pay fees forthe Cape Cod Regional Transfer Station,which is no longer operating. Mr. Harrington stated that it would be for violations, and Town Counsel should be consulted for appropriate language so that the bond could be applied as needed, but consistent with federal,state and local laws. Chair Baumgaertel asked if it made sense to require the bond from haulers whose principle place of business is not in Mashpee, and Ms. Warden answered that the requirement shouldn't be for some and not for others. It was requested that Mr. Harrington get clarification from Town Counsel on the bond requirement. 5. Discussion of illegal barbershop operation,7 Webquish lane. Mr. Harrington commented that, on March 24,2020, the Mashpee Board of Health received an anonymous complaint stating that an illegal barbershop was being run out of the basement of 7 Webquish Lane.The complainant called the business the "Dapper Dan Barbershop". Upon searching the internet, the Assistant Health Agent,Caitlin Gardipe,discovered a business called "The Dapper Lounge" being operated 2