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Minutes for November 16, 2017, adopted Dec. 21NA4i i
BOARD OF HEALTH - ()WN CLE Fes:
Meeting
Town of Nantucket 2017 UEC 22 AM 8:40
3 East Chestnut Street
Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Malcolm AlacNab, MD, PHD (chair), Stephen Visco (Vice chair) , James Cooper, Helene Weld, RN, Jim Kelh-
Staff: Roberto Santamaria, Artell Crowley Kathy LaFavre Anne Barrett Hank Ross
-- MINUTES --
Thursday, November 16, 2017
4 Fairgrounds Road, Community Room — 4:00 pm
Called to order at 4:03 p.m.
Staff in attendance: R. Santamaria, Health Director; H. Ross, Seasonal Inspector; T. Norton, Town Minutes Taker
Attending Members: Malcolm MacNab, MD, PHD; Stephen Visco; James Cooper; Helene Weld, RN; Jim Kelly
Board of Selectmen
Absent Members: None
ted by unanimous consent
1 - This meeting is being audio and visually recorded.
II. PUBLIC COMMENTS — ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS TIME
APPROVAL111.
OF
1. October 19, 2017: Motion to Approve. (made by: Weld) (seconded by: Cooper) Carried unanimously
.• APPLICATIONS
1. Waiver of fees for DPW structure move from 81 Shore Road to 188 Madaket Road
Sitting
MacNab, Visco, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — This is a building to be moved from the Sewer Department to the Department of
Public Works (DPW) on Madaket Road; it needs to be connected to septic system.
Action
Motion to Approve the fee waiver. (made by: Visco) (seconded by: Cooper)
Vote
Carried unanimously
2. Variance of 310CMR
15.260(1) for 6 Pippens Way 43-94.5 —use a tight tank
Sitting
MacNab, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — Pippins Way will get sewer relatively soon. The hope is completed construction will
intersect with the arrival of sewer; if not, they want to be able to put in a tight tank until they can
hook up to sewer.
Cooper — The board has tried to stay away from Tight Tanks. Asked if this owner hadn't agreed
to a Title V that would be removed upon arrival of sewer.
Santamaria — Yes, but their construction schedule was delayed a year and sewer mored up. If
they put in a full system, they would have to take the trenches out but the tight tank can be
crushed in place; the mobilization and excavation and permit fees are much the same either way.
Cooper — If we allow this owner to do this, we have to allow the next guy to do the same.
Santamaria — The staff recommends approval because of the time frame; the tight tank is just a
contingency plan. We could table this for a more hardened time frame.
Action
Tabled until closer to completion of the two projects without objection.
Vote
(Visco recused)
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Minutes for November 16, 2017, adopted Dec. 21
3. Food Truck Variance
167 Raw Sandole
Sitting
MacNab, Visco, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria —This meets all criteria set forth by the Board and they have an application to star in
location for seven days. This is coming up because we want to ensure the Board approves this.
About one one-half years ago, there was controversy about food trucks.
Jessie Sandole — He was told to submit a variance request form. The new refrigerated truck is
easier to transport and in a more accessible location.
MacNab — It seems everyone has worked through this and it is being handled civilly.
Santamaria — Disclosed that staff has been in contact with the applicant's attorney.
Action
Motion to Approve. (made by: Cooper) (seconded by: Weld)
Vote
Carried unanimously
4. Loan Request
Witte 44 Dukes Road septic to sewer
Sitting
MacNab, Visco, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — Everything is planned and ready to go.
Kelly — Asked about the process of repayment.
Santamaria — Repayment is done through the Assessor's Office and is recorded on the deed; it is
treated as a lien if the house is sold.
Action
Motion to Grant the loan request. (made by: Visco) (seconded by: Cooper)
Vote
Carried unanimously
5. Loan Request
for Piering 22 Hawthorne Lane 26/243 — septic repair
6. BOH condemnation of 22 Hawthorne Lane update
Sitting
MacNab, Visco, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — Most work is completed and the system is working; they are still waiting for the
final I/A component to be delivered, which should be next week. The Health Department has a
copy of the contractor for that work and will pay contractor director. There are some outstanding
fines; before we release funds, we would request those fines be paid.
Kelly — At the last meeting we were told it would be constructed the following week.
Santamaria — The trench was dug and the system is functional ; the I/ A component is the nitro
reducing component. Staff is standing by the proposed completion date.
Action
Motion to Grant the loan request conditioned upon the payment of outstanding fines.
(made by: Kelly) (seconded by: Cooper)
Vote
Carried unanimously
7. Condemnation of 353 Madaket Rd 60-130
Sitting
MacNab, Visco, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — This is an emergency condemnation resulting from Storm Jose. This propertm was
within 10 feet of the bank before the storm. The septic is exposed and the foundation collapsed.
They are asking to demolish.
Action
Motion to Approve. (made by: Visco) (seconded by: Weld)
Vote
Carried unanimously
8. Condemnation of 4 Ames Avenue
Sitting
MacNab, Visco, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — This is an emergency condemnation resulting from Storm Jose. This has the same
septic system issue. They want to move the structure.
Action
Motion to Approve. (made by: Visco) (seconded by: Weld)
Vote
Carried unanimously
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Minutes for November 16, 2017, adopted Dec. 21
9. Condemnation 16 Sheep Pond Road 63-30
Sitting
MacNab, Visco, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — This is an emergency condemnation resulting from Storm Jose. Sheep Pond Road
saw significant erosion; this property lost its deck and has an exposed foundation. Ther are asking
to demolish.
Action
Motion to Approve. (made by: Visco) (seconded by: Weld)
Vote
Carried unanimously
10. Condemnation of 29 Sheep Pond Road 63-35
Sitting
MacNab, Visco, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — This is an emergency condemnation resulting from Storm Jose. Sheep Pond saw
significant erosion. This property has lost its septic. There is no word on what they plan to do
with the structure
Action
Motion to Approve. (made by: Visco) (seconded by: Weld)
Vote
Carried unanimously
V. BOH BUSINESS
1. Local upgrade reaffirm in-house approval
Sitting
MacNab, Visco, Cooper, Weld, Kelly
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Santamaria — There was a motion by the Board 15 years ago to give in-house local upgrade
approvals when septic systems meet maximum feasible compliance: siting of septic systems and
more than 200 feet from a well. Staff can't find the vote so we are asking the Board to Reaffirm
that vote.
Action
Motion to Re -Affirm the earlier Board action to approve the Local upgrade for Title 5.
(made by: Kelly) (seconded by: Weld)
Vote
Carried unanimously
2. Betterment Loan discussion (caps)
Sitting
MacNab, Visco, Cooper, Weld, Kelly
Discussion
Santamaria — In recent year we've had interest in betterment loans; there was an original idea to
set an income cap; but that was never adhered to. In the recent round of loans, we went through
10% of the money. We want to cap the loans at $50,000. In the past two years, we've only given
about five loans which were more than $50,000; it's usually landscaping that brows the cost
above $50,000. Almost every time the cost comes in below the estimate, which helps the program
go further than it has.
Visco — Asked if we get money every year.
Santamaria — We will be requesting another $1M from the State Revolver Fund in 2019.
Visco — He'd support the cap to make the money go farther.
Santamaria — Noted there is approximately $860,000 currently left in the fund. We will run out if
we don't cap it. He will talk to Town Manager about a warrant for Town Meeting in April to get
money this April. Recommend making the Town Meeting vote for $2M.
Kelly — If the Finance Director has issues, it could create a hiccup.
Action
Motion to Ask the Board of Selectmen to have a Warrant for April Annual Town Meeting
to request $2M from state revolver for septic betterment. (made by: Kelly) (seconded by:
Weld)
Vote
Carried unanimously
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Minutes for November 16, 2017, adopted Dec. 21
Further Kelly — He's fine with the cap of $50,000 but there will be questions.
Discussion Santamaria — When the program was created in 2009, there was an income cap, but it wasn't
Betterment adhered to.
Loans Cooper — Asked what would happen if the actual work exceeds the 550,000.
Santamaria — We can word the motion that landscaping is not included; he can put the wording
together.
MacNab — He's not ready to vote on the cap at this meeting.
Action No action at this time.
Vote N/A
3. Water discharge/pool draining discussion for possible regulation
Sitting MacNab, Visco, Cooper, Weld, Kelly
Discussion Santamaria — Now that we are out of season, we have run into people aren't de -chlorinating their
pools before draining into the sewer or storm drain system or it ends up on a neighbor's property.
There was a recent incident where a pool was draining into a neighbor's well. He has also seen
dewatering done in Town without a permit and there is no regulation to stop them. We have a
bylaw any dewatering needs to be pull a permit but no enforcement. He has been talking to
Natural Resources, DPW, and the Environmental Police; where it drops into storm drains it is the
Department of Environmental Protection (DEP) jurisdiction, but the DEP is saying it is local
jurisdiction. We don't have any regulations on sump pumps or pool draining.
Cooper — Asked where the pools would be drained.
Santamaria — When a pool is built, a best practice is to require drilling of a drywell with a 1/4
capacity of the pool; another best practice is to pump it over the grass, but you have to regulate
the flow. Explained that pools are drained to just below the scuppers, to prevent freezing pipes in
winter. We can require dry wells moving forward; retroactively, we can insist on following best
management practices and require owners to notify us before they drain. Currently we don't know
when a pool is being drained unless it ends up in a well or on a neighbor's property. He is
requesting authorization to set up Public Hearing for January or February 2018; that would
provide time to research a good regulation. It would be a conversations with DPW, Sewer, and
Conservation Commission. Noted that a February hearing would mean only local people would
come to the meeting. That is a common complaint. Hoy; -ever, we can't put it off until the
summer; this has to be in place by then. Letters would go to their pool companies, who can attend
the hearing. Reviewed Conservation Commission conditions on pools but noted that there is no
enforcement. The regulations would worded so that everyone to respond to a violation.
Compliance would be the responsibility of the owners.
Weld — It would be good to still have a forum in July.
Kelly — Asked how salt -water pools would figure into this.
Santamaria — Those can be worse and have to be handled different)--; the chemicals are different.
Action Motion to Establish a public hearing for the February 2018 meeting on water discharge
and pool regulations. (made by: Weld) (seconded by: Kelly)
Vote Carried unanimously
4. Strategic Plan
Santamaria — He didn't have time to send the Board members an updated copy-. He has had an expert, who
is working on another strategic plan, look at the Health Department's and provide him an update. Hopefully
the latest iteration will be accepted.
5. Director's Report
a. Community Health — Working with the Strategic Plan and Community Health Assessment; we are using
what is called the three legs of the stool: Community Health Assessment, our Strategic Plan, and
Community Health Improvement Plan. In the Strategic Plan we are talking about a Communin- Health
Officer. He has gotten good responses on that especially from Human Services to do the work together.
The National Association of City and County Health Officials gave us a 58,000 grant to do a Performance
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Minutes for November 16, 2017, adopted Dec. 21
Management Assessment of the department. Center for Disease Control has added a separate fund to
invite him to go to Washington in January to take part in the Rural Health Initiative with other rural health
departments to discuss how to pursue accreditation in an easier manner.
b. Venison Donation Program — It is getting a lot of response on social media; there's also an ad in the
paper. Ross — Five deer have been donated, tagged and taken downtown. The Environmental Police is
enthusiastic. He thinks the shotgun season will provide an increase in donations. Weld — She thinks the
paper should do a story on this program. Santamaria — The state officials are ver- enthusiastic about the
program and he had queries from Martha's Vineyard.
c. Budget — He has put in for extra staff and a Community Health Officer. Each inspector averaged 768
inspection, that's nine a day with each taking about an hour to include paperwork and follow up. They've
seen a 9.6% increase every year. Kelly — Asked if the new sewer system needs to be inspected.
Santamaria — No, that's the responsibility of the Sewer Department.
V1. ADJOURN
Adjourned by unanimous consent at 5:61 P.M.
Submitted by:
"ferry L. Norton
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