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HomeMy WebLinkAbout2019-9-19BOH Minutes for September 19, 2019, adopted Oct. 17 BOARD OF HEALTH Meeting Town of Nantucket 21� 3 East Chestnut Street Nantucket, Massachusetts 02554 www. nantucket-ma.gov Commissioners: Stephen Visco (chair), Malcolm MacNab, MD, PHD (Vice chair), James Cooper, Helene Weld, RN, Rita Higgins Staff: Roberto Santamaria Artell Crowley, Kathy LaFavre, John Hedden, Anne Barrett, Hank Ross -- MINUTES -- Thursday, September 19, 2019 4 Fairgrounds Road, Community Room — 4:00 pm Called to order at 4:00 p.m. Staff in attendance: R. Santamaria, Health Director; A. Crowley, Assistant Health Director Attending Members: Stephen Visco; Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN Absent Members: Rita Higgins, Select Board unanimous consent I. Nonc DIRECTOR'SREPORT 1. The internship program has provided the infectious disease report, the well report, and strategic planning; it was funded by Nantucket Community Association. 2. We are trying to get outreach information on the EEE (Eastern Equine Encephalitis) outbreak. It is highly unlikely we would get any EEE -positive mosquitos on Nantucket, but we are putting preventive information out there. No mosquitos have tested positive or people presented symptoms for EEE or West Nile Virus. Someone would have to uu nosely brine an infected mosquito. 1. August 22, 2019: Motion to Approve as amended. (made by: MacNab) (seconded by: Cooper) MacNab — His statement under Other Business Item 1, CRISPER should read "genetic engineering". V. BOH APPLICATIONS 1. Fee Waiver: 12 West Miacomet; septic abandonment Sitting Visco, MacNab, Cooper, Weld Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This is for a Town -owned trailer being moved onto Town -owned property, so asking for a fee waiver. We have no objections. Action Motion to Grant the fee waiver. (made by: MacNab) (seconded by: Weld) Vote Carried unanimously 2. Variance Request: 40 Warrens Landing (38-45); BOH Regulations 54.02A & 64.04.B.1 Sitting Visco, MacNab, Cooper, Weld Documentation Supporting documents and plans, staff recommendations. Discussion Art Gasbarro, Nantucket Engineering & Survey for the applicant — This request is for a variance from the 1 bedroom for 10,000 square foot limitation within the Madaket protection zone. Planning to install an I/A 9 -bedroom system, which meets the Department of Environmental Protection loading requirements. Would have less nutrient loading from an I/A 9 -bedroom than a 6 -bedroom conventional system. Crowley — The board has been consistent in Madaket about granting bedroom variances by requiring a net benefit; that is the case here Request the Board remain consistent in their decision. Page 1 of 4 BOH ;Minutes for September 19, 2019, adopted Oct. 17 .lotion Motion to Grant the variance to be consistent with past performances. (made by: MacNab) (seconded by: Cooper) Vote Carried VI. BOH BUSINESS AND BOARD MEMBER UPDATES AND CONCERNS 1. Sewer Regulations Discussion David Gray, Director Nantucket Sewer Department — Introduced Frank Ayotte and Saya Qualls from Hazen and Sawyer. Hazen and Sawyer is the consultant on the regulation rewrite. They are also doing a Fat, Oil, and Grease (FOG) Program for us; they were the engineers for the Sea Street pump station. Trying to bring the regulations up to date; we've had a lot of discussion with Mr. Santamaria and Board members about some of the changed we want. Brought all definitions in line with BOH and the Planning Board definitions. In the back, we've added a fee table and schedule for services we might have to provide, most likely in an emergency- situation. A bigger piece of the regulation addresses our allowing contractors to do all the sewer work in the street; they want the Town to be responsible for all work within the street layout. We first have to get the staff trained before moving forward on that. Worked with Mr. Santamaria about bringing Regulation 59 in line with what we're doing. Ms. Qualls. has been the lead on this. If the BOH has any suggested changes, he wants to get them in before this goes to the Select Board. Qualls — We are looking to pull out the standards and specifications from the regulations to be a stand-alone document. FOG will go in its place. Our next step will be to make revise the regulations to accommodate BOH comments; they will then go to legal for review. Following that we will inform stake holders. Finally, the Select Board approves them. Visco — Asked if Hazen and Sawyer worked on the Harwich and Chatham sewer. Their regulations are very similar. Qualls — We looked at their regulations but didn't work on them. Cooper — Asked if there is an estimate on the Select Board public hearing. Qualls — Sometime this fall; it will take a couple of months to complete the interim steps. Visco — Asked if the FOG Program would be a Department of Health program or Sewer depending upon location of the trap. Qualls — That is something we would work out. If the ordnance is "agnostic" in that respect, the two departments could work out a memorandum of agreement or operating procedures on the Town assigning responsibility. Santamaria — We are allowed to adopt an agent for a specific regulation. We'll be working together on a lot of this. Gray — It will benefit us if we have more hands-on with the grease traps. His crew is excited about having more control over the grease issues we are having. Another big thing is to make everything uniform and mandate the size. The FOG Ordnance is well overdue. Qualls — When thinking about managing collection systems, sewer must remain in the collection system_ 2. Illicit Discharge Regulations Santamaria — Recently, there's been discussion about pool drainage going into public property and other people's wells. 'This was supposed to be put into the Stormwater Discharge By -Law being worked on by the Department of Public Works (DPW) consultant. In the last few months, the number of illicit discharges has doubled, and it will get worse as the weather cools. Natural Resources and the Health Department wear requested to resubmit the discharge by-law we had worked on several years ago. We are looking for a consensus endorsement to move forward and have a by-law and regulation in place before the next pools season and to act against illegal sump pumps going into public property. This would let us address these issues. Without the regulation, we have to establish a basis for public nuisance and public health, which unfortunately never hold up. Asked for comments and questions and an endorsement to move forward. We had discussed pool regulations but were told they had to be part of a regulation being worked on through DPW, we haven't seen that. There is conversation for a warrant for 2020 Town Meeting. A small 100 cubic foot spa would discharge about 770 gallons. The Select Board could Page 2 of 4 BOH Minutes for September 19, 2019, adopted Oct. 17 appoint multiple departments as the enforcement agencies. Explained how he learned of a number of the illegal discharges; if the water connects with public land, we can act. Cooper — Explained situations he's aware of where the sump pumps are running continuously; asked how those situations would be handled. Santamaria — They don't need to stop, it's where it drains; legally they should be connected to the storm drains, not run into the road. The Energy Office has preferred pumps that use less power; that can be addressed under performance standards. The draft regulation is in the packet; we can go through them now or bring them back for additional comments. Conservation Commission is looking at them; they are undergoing legal review; and the Select Board will look at them. There is a member of the public here today. MacNab — He wants time to review these. Santamaria — The Performance Standards would be an appendix that can be changed as technology improves. Videos were not part of the packet, but he can forward them to the Board members. Motion to Consent for the Health Department to move forward with the regulations. (made by: Cooper) (seconded by: MacNab) Carried unanimously 3. Continuation of Public Hearing Regulations 51 Madaket Motion to Reopen the Public Hearing at 4:31 p.m. (made by: Weld) (seconded by: MacNab) Carried unanimously Santamaria — The regulation is supposed to come into effect, but again SMAST hasn't delivered their landfill study. We are 7 months out with nothing. We have asked Town Counsel to reach out to them for a final date. We are not at Town Meeting when we need to know what by-law will be on there. As a result, we are at a point to vote to set a start date or push the public hearing back again; this would be the third push back. MacNab — It is only fair to Madaket residents to push it back. Cooper — This could go on forever; at some point we have to make a stand. Santamaria — One thing we can do is to set a start date in the future; once we get the landfill study, we decide if we want to open a public hearing. At this point SMAST has cut off communication; we are withholding payment for the study. It would be extremely expensive to start over; someone would have to create a new model. SMAST has a monopoly on the modelling program. He hopes with Town Counsel's involvement, we will get a response. Crowley — The Board and Town needs the information for sewering of the area; he suggested pushing back the date to December 19 in order to hold feet to the fire. Discussion about continuing the public hearing and not setting a date for implementation of the regulations. Motion to Continue the Public Hearing to December 19`x. (made by: MacNab) (seconded by: Weld) Carried unanimously 4. Weld — She would like to see the new Human Services organizational structure. Santamaria — By the next meeting, he could add Human Services as a full discussion since a new director will hopefully have been hired by then. 5. Visco — Asked about where the Town stands on Vaping. Santamaria — We've been having internal discussion, with support from Town Administration, about moving toward a ban, especially on anything that's flavored. One issue we'll run into is lung problems from the propylene glycol used as a carrier. This issue falls more under a recall rather than vaping in general. However, vaping falls into the same category as smoking did. States Boards of Health and Commissioners on Health are working on draft regulations that we can adopt to look at either banning or further restrict. MacNab — Asked if there could be something for the next meeting. Santamaria — He can put something together; this would have to go through the regular process of a public hearing, legal review, etc. He can get to work on a regulation tomorrow. He feels the chances for the State to have a regulation in place before the Town of Nantucket is nearly zero. Propylene glycol has been declared safe by the FDA for some medications; however, it was never approved for smoking especially at the concentration being use for vaping. Page 3 of 4 BOH ?%finutes for September 19, 2019, adopted Oct. 1- 1. Draft BOH Minutes August 22, 2019 2. Sewer Regulations 3. Draft Illicit Discharge Regulations 4. BOH Regulation 51 Adjourned by unanimous consent at 4:46 p.m. Submitted by: Terry L. Norton Page 4 of 4