02/04/2021 BOARD OF HEALTH Minutes

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letter, and to issue fines of$25/day until compliance is reached. Failure to pay the double fees and any accrued fines within sixty(60) days of receipt of the certified letter,shall result in closure of the establishment until payment isreceived. Motion seconded by Ernest Virgilio. Roll call vote: Ernest Virgilio (yes);Veronica Warden (yes); Brian Baumgaertel (yes). VOTE: Unanimous(3-0). 4. Request for reconsideration of renewal fee for 2021 Garbage Hauler Permit, C.L. Noonan. Mr. Harrington commented that the permit fee for C.L. Noonan was not paid by January 1,. 2021, so double fees were attached to the permit. Ms.O'Dette is responsible for permitting and is asking for a waiver of the double fees, due to not receiving the emails telling her to pay. Administrative Assistant Christine Willander is of the opinion that Ms.O'Dette received the emails and neglected to follow up,as Ms. 0-'Dette is familiar with the online permitting., and has used the chat features before. Chair Baumgaertel noted that Ms.O'Dette claimed in her request that the most recent email from PermitEyes went into her quarantine file. Ms. Willander had confirmed that the email on record for C.L. Noonan is the correct one and, based on the renewal process that was followed by our office, the fee should have been paid. Chair Baumgaertel stated it was interesting that Ms. O'Dette waited until January 12 th to follow up, knowing a renewal fee was due. Ms. Warden commented that a$500 double fee is hefty but,where we just imposed double fees on the other late establishments,this one really cannot be waived. Mr. Harrington commented that we have imposed double fees for waste haulers in the past, and they have paid them. Board members agreed that double fees were warranted on the basis of consistency with the fee schedule and past practice of the Board. There being no further comments or discussion,Veronica Warden moved to deny the request for penalty fee waiver. Motion seconded by Ernest Virgilio. Roll call vote: Ernest Virgilio (yes); Veronica Warden (yes); Brian Baumgaertel(yes). VOTE: Unanimous(3-0). 5. Operating without a permit,M.A. Frazier. Mr. Harrington commented that he was at a job site at The Hunt Circle,and observed M.A. Frazier servicing one of the portable potties. He had never seen them before, so he inquired with the driver who told him they have an office off Route 130 in Mashpee. It was clear M.A. Frazier is operating in Town, so Mr. Harrington sent a certified letter,which was received on December 28,2020. Our office has not heard anything from them. Mr. Virgilio asked if perhaps this company does not understand the requirements, and Mr. Harrington responded that it's a state regulation that they need a permit from the Board of Health to haul sewage. Their website shows they service almost all the Cape towns. They have a trash service as well, but Mr. Harrington has not seen them operating in Mashpee as a refuse hauler. Mr. Harrington stated that we have run into similar situations before, but this is the first time we have ever been ignored. Ms. Warden asked if the Board could shut them down, and Mr. Harrington answered that we could issue daily fines for operating without a permit. If they don't pay after 30-days,the Board can send it to Town Counsel and they do an injunction in court. Ms. Warden asked about state requirements relative to fines,, and Mr. Harrington answered that, under M.G.L., the Board can impose fines up to $1000/day, and under Title 5, the Board can impose fines up to$5O0/day, but he felt that$100/day would get their attention. There being no further comments or discussion, Veronica Warden moved to fine M.A. Frazier $100/dayfrom receipt of the certified letter,forfailure to apply for the required Mashpee Septage Hauler Permit prior to operating in the Town. Motion seconded by Ernest Virgilio. Roll call vote.. Ernest Virgilio (yes);Veronica Warden (yes); Brian Baumgaertel (yes). VOTE: Unanimous(3-0). 5