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HomeMy WebLinkAbout2018-9-20BOH Minutes for September 20, 2018, adopted Oct. 1 r; N T U u s o BOARD OF HEALTH T O I N C L E I' Regular Meeting Town of Nantucket 2819 OCT 19 AM 8:19 3 East Chestnut Street Nantucket, Massachusetts 02554 www.nantucket-tna.gov Commissioners: Stephen Visco (chair), Malcolm MacNab, MD, PHD (Vice chair), James Cooper, Helene Weld, RN, Jim Kelly Staff. Roberto Santamaria, Artell Crowley, Kathy LaFavre, Anne Barrett, Hank Ross -- MINUTES -- Thursday, September 20, 2018 4 Fairgrounds Road, Community Room — 4:00 pm Called to order at 4:00 p.m. Staff in attendance: R. Santamaria, Health Director; T. Norton, Town Minutes Taker Attending Members: Malcolm MacNab, MD, PHD (acting chair); James Cooper; Helene Weld, RN; Jim Kelly, Board Selectmen Absent Members: Stephen Visco as amended by unanimous consent 1. None APPROVAL111. OF 1. August 16, 2017: Motion to Approve as amended as follows: pg 1 MacNab comments "...about 200" should read, "...about 500" and "...get back to the 2004 count" should read, "...get density back to the level after 2004 established season." (made by: Kelly) (seconded by: Cooper) Carried unanimously DIRECTOR'SV. REPORT 1. Santamaria — We've increased the number of inspections by another 10%; last year was being up 10% from the year before. The inspections are based more off construction. 2. Santamaria — Tick-borne diseases are down from last year; under 40 for the "main" season. The weather has been a factor. 3. MacNab — Asked about holding hearings on swimming pool regulations. Santamaria — There are storm water and Natural Resources components; he has drafted a general bylaw with Jeff Carlson, Natural Resources Director, which has been forwarded to Town Administration. 4. Santamaria — At the Select Board meeting there was a presentation about the legislative work being done for marijuana sales. Concerns were brought up that Nantucket would exempt from testing the marijuana products and how would we know the product meets State criteria. There is a possibility of bringing a mobile testing unit here. MacNab — Asked if lack of testing could be grounds to deny a marijuana sales permit. Santamaria — We cannot block marijuana sales because of the testing. This is, however, an issue he wants to follow up on. MacNab — There is no other food or drug that is not required to meet standards; marijuana should as well. Water Laboratory Project: Santamaria — There has been a discussion about the need for a water -testing laboratory on the Island; if we had a lab on Island at the time of the winter sewer break, we would have known quickly what was in the water; we couldn't get the samples off Island for days because boats and planes were not running. He has met with various entities about this and there seems to be a lot of support; there are significant cost savings. He's reached out to other laboratories across the State and got the names of some consultant and learned that the Laboratory Director of the Massachusetts Water Resource Agency is retiring and willing to work as a consultant with Nantucket on the Page 1 of 4 BOH Minutes for September 20, 2018, adopted Oct 18 lab's de ign;i Dr. Delany has provided a scope of work. He is asking the BOH if this is a project the Board will support; also, in the event the consultant comes on board and designs a lab, he wants a commitment the idea won't bc shelved. Kevin Imester, Nantucket Shellfish Association (NSA) — Explained how this idea came to fruition. We don't have a s lid idea on how much money is spent on testing; he'd like Town Finance to provide that information. There aie certain tests that require the samples be tested within a time limit; if the boats aren't running, those samples have to be scrapped and retaken. The shellfish beds are not being tested; we don't know the quality of our shefisN Identified every water element that needs testing. They now have a proposal from the consultant NSA is Irepared to fund this to get the plan done; once a plan is in hand, they can start to raise money for the lab. Santam ria — The well water regulations are now in effect; they require well water testing every two years. We haven't Q pushing it but have been getting information out to the homeowner's associations. We don't want to enforce regulation that can't be complied with. Cooper Asked what the ball-park cost would be. Santam ria — We have two possible spaces on Water Company property for a lab. One site is an unused office space an I would require only the cost of equipment, which is close to $3M. This lab's capabilities would be similar to the Barnstable County Lab; fees would help fund the lab. Part of the cost for testing now includes shipping the sample c ff Island. Also, we wouldn't have to worry about a third party remembering to forward the data to us. Kelly —Ask d which organization would administer this program. Kuester — It would hopefully be part of the Department of Health. All other departments involved in water testing hive: conflict of interests. Santam ria — The whole automated lab could be run by one full-time director/lab technician and one part-time lab tech 'cia . Kelly —You need a certain amount of volume to make this financially viable. Santam ria Within the scope of work would be a list of testing that could be in house and what would still have to lie sent out. Kuester — There are a lot of Island organizations concerned about water quality. We're looking to help out with raising oney but first we need to be able to explain the cost and scope. We are here now because this is a rare opportui dty to get this consultant. In his opinion, this is not a lot of money in the big scheme of things. MacNa — Essentially SHAB is spear-heading the fund raising to get this going; eventually it will be handed over to the Town. Kuester So far, the interested department heads have been on board. Once we have our costs in line, we can go to donoi s and go to Town Meeting. A factor pushing the timeline is the spaces that are available; the Water Companis olding them for the decision on the lab. We'd like the BOH to endorse this initiative and help put the team together that would carry this forward. We'd like the Town to figure out the costs to include staffing and get input from other Town departments. We'd like to know where testing could be expanded and what tests are not being done now. Santam ria We need a cost analysis done to include what our costs are now and what the staffing costs would be. In th sc pe of work, the timeline is three months; we couldn't make the 2019 Town Meeting but could get the discu 3sion going for 2020 Town Meeting. Kelly —1-he Town has had issues with filling specialty positions due to housing and living on an isolated Island. Recomm end Mr. Kuester either find someone on Island who can fill the director/lab technician position or add in a factcr fo the cost of housing. Also, if the employee goes on vacation, there needs to be back up. Santam ria Pointed out that this could be used as a teaching laboratory for the High School; that could lead to a graduate g a position in the lab. Charles Wa. tens, Board of Governors Great Harbor Yacht Club (GHYC) and GHYC Community Relations Committ e hair — About a year ago, we voted to do two things with our money; one was to devote it to water quality. I i his discussions with Town departments and private citizens, the water testing lab came up. If there is a flaw, he asn't found it yet. The Town would save money and time and have more accountability in their testing and mak money. Different departments have different needs; this lab would address those different concerns. Page 2 of 4 BOH Minutes for September 20, 2018, adopted Oct. 18 The BOH would be an impartial observer. GHYC is enthusiastic about this and will have mid -5 -figure range money available. Motion that the BOH endorse the concept of a water testing laboratory on Nantucket and encourage retaining this consultant. (made by: Kelly) (seconded by: Weld) Carried unanimously BOH APPLICATIONSREVIEW 1. Loan Request: Durand & Champoux, 8 Upper Tawpawshaw (53-56) Sitting MacNab, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This is an I/A system in the Nantucket Harbor Watershed district; no landscape money is being spent on this. Action Motion to Approve. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously 2. Variance Request: Stewart & Naylon, 58 Arkansas Avenue (59.4-157) - maximum feasible compliance Sitting MacNab, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — There is an ACO to be released then a betterment loan for an I/A system for this property. They need the variance for maximum feasible compliance. there is no alternative. Action Motion to Approve. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously 3. Release from the Administrative Consent Order (ACO): Stewart & Naylon, 58 Arkansas Avenue (59.4-157) Sitting MacNab, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This is to release the ACO. Action Motion to Approve. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously 4. Betterment Loan Request: Stewart & Naylon, 58 Arkansas Avenue (59.4-157) Sitting MacNab, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — The department has no objections; landscaping is less than 10% of the loan. Kelly — We talked about income level; asked how that works. Santamaria — This is part of the original $2M so can't be restricted based on income. The money will go directly to the contractor. Action Motion to Approve. (made by: Kelly) (seconded by: Cooper) Vote Carried unanimously 5. Administrative Consent Order: Kurland & McDonough -Kirkland, 14 North Cambridge Street (59.4-101) Sitting MacNab, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — No objections. Action Motion to Approve. (made by: Kelly) (seconded by: Cooper) Vote Carried unanimously 6. Variance Request: Irvin Family Partnership, 3 White Hart Lane (80-84) Sitting MacNab, Cooper, Weld, Kelly Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This is in the Wellhead Protection District. They can put in a conventional system; but if they put in an I/A they get the bedroom credit. Kelly — We've done this in the past. However, a 12 -bedroom house in this area seems to be hard on the area. Santamaria — It's a 12 -bedroom system; the house is nine bedrooms. Dan Malloy, Site Design Engineering, for the owner Action Motion to Approve. (made by: Weld) (seconded by: Cooper) Page 3 of 4 Vote 7. Varian( Sitting Document Discussion Action Vote 8. Conder. Sitting Document Discussion Action Vote 9. Conden Sitting Documents Discussion Action Vote 10. Col Sitting Discussion Action Vote 1. None Adjourned Submitted Terry L. N, BOH Minutes for September 20, 2018, adopted Oct. 18 Carried 3-0//Kelly abstain Discussion about the tipping point at which no more construction should be allowed because no more nitrogen should be allowed into the system. Request: 16 Evergreen Way (68-707) MacNab, Cooper, Weld, Kelly on Supporting documents and plans, staff recommendations. Santamaria — This is for a well within the 300 -foot down radius; they are outside the 100 -foot radius. If there were no Town water available, this would be reasonable; however, there is Town water on Evergreen Way, so there is an alternative. Cooper — Another alternative is to drive the well next to the existing well. Motion to Deny. (made by: Cooper) (seconded by: Weld) Carried unanimously of Bedroom: 21 Macys Lane LLC, 21 Macys Lane (68-494) MacNab, Cooper, Weld, Kelly Supporting documents and plans, staff recommendations. Santamaria — The overcrowding situation has been abated. No action is needed at this time. No action taken N/A Marcos Tejada et al, 40 Macys Lane (68-103) MacNab, Cooper, Weld, Kelly Supporting documents and plans, staff recommendations. Santamaria — We have witnessed them tearing out the bedroom and removing the furniture; they are getting the proper permits. In the meantime, the area is not habitable. Cooper — This is where 11 people went to the hospital and someone was stabbed. Santamaria — There is a court injunction against reletting. The Board still needs to declare it unfit for human habitation. We will be checking on this. MacNab — The Board strongly recommends frequent follow up inspections. Motion to Condemn. (made by: Kelly) (seconded by: Weld) Carried unanimously Marilyn Showstack, 29 Sheep Pond Road (63-35) MacNab, Cooper, Weld, Kelly Supporting documents and plans, staff recommendations. Santamaria — There was sig erosion and the septic ended up on the beach. Motion to Condemn. (made by: Weld) (seconded by: Cooper) Carried unanimously unanimous consent at 5:02 p.m. Page 4 of 4