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Home My WebLink About2019-10-17BOH Minutes for October 17, 2019, adopted Nov. 21 BOARD OF HEALTH Meeting Town of Nantucket 3 East Chestnut Street Nantucket, Massachusetts 02554 E - f ! UL jam_, 2019 N"V 22 Ati 8: 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, October 17, 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; T. Norton, Town Minutes Taker Attending Members: Stephen Visco; Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Rita Higgins, Select Board k unanimous consent I. PUBLIC COMMENTS - ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS TIME DIRECTOR'S• • 1. Still have not received the modeling from SMAST and still trying to get it. We are withholding payment and letting legal work it out. We are pushing for more information on that. 2. Our new inspector is on his own and ready to train on food. 3. Going live with e -permitting next week. APPROVAL OF 1. September 19, 2019: Motion to Approve. (made by: McNab) (seconded by: Cooper) Carried unanimously V. BOH APPLICATIONSREVIEW 1. Loan: Weinhold/Splain, 11R South Shore Road (67-468), septic failure Sitting Visco, MacNab, Cooper, Weld, Higgins Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria - This is for a betterment loan and recommended by the office. Visco - Mr. Weinhold got three quotes, which were all pretty close. Santamaria - He has sent a memo to Finance requesting a warrant for additional Betterment Load funds at 2020 Annual Town Meeting. Action Motion to Approve. (made by: Visco) (seconded by: Weld) Vote Carried unanimously 2. Loan: Gennaro, 5 North Pasture Lane (44-66), upgrade to I/A septic Sitting Visco, MacNab, Cooper, Weld, Higgins Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria - This is for a betterment loan and recommended by the office. Visco - His price quotes were also very close. Action Motion to Approve. (made by: Higgins) (seconded by: Cooper) Vote Carried 4-0//MacNab abstain. Page 1 of 3 BOH :Minutes for October 17, 2019, adopted Nov. 21 3. Loan: Lamer, 2 Drew Lane (43-2019, connect to sewer Sitting Visco, MacNab, Cooper, Weld, Higgins Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This is also betterment loan and recommended by the office. Visco — The Lamers got only one price estimate; he feels it is absurdly large. He'd like to hold this for some more quotes. Action Motion to Table for next meeting. (made by: McNab) (seconded by: Cooper) Vote Carried unanimously 4. Waiver Reque9v Hawthorne Park Pool, reqt4ernent fiar attefidft"f fft au 6mes 5. Variance: 3 A Street (60.2.4-78), Local Regulation 51.01 A, B, C set-backs and reserve area Sitting Visco, MacNab, Cooper, Weld, Higgins Documentation Supporting documents and plans, staff recommendations. Discussion Crowley — This is max feasibility compliance; Madaket regulations require 150-foot setback from a well and they can't meet that. They are trying to get as far from the well as possible. These are small pre-existing lots. The other request is to not have a reserve area for the septic; not enough room. Recommend approvable. The septics are checked at least twice a year when lots are this close. This lot doesn't have a separation from ground water, so the system doesn't need to be mounded. Santamaria — We as the BOH can't require them to attach to Town water; we can recommend it to the Water Commissioners. Suggested the motion could include a recommendation that the property be Visco — He would highly recommend they hook up to Town water. Cooper — Confirmed with Mr. Santamaria that if the well meets Health Department standards, they don't have to connect to Town water. Asked if the Board could recommend that before they get the permit for the system that they have to tie into Town water or get the well checked. Santamaria — He has to look at Title 5 to see if we have that authoritv. Action Motion to Approve the variance with the recommendation they have the well checked, if the water does not comply with Health Department requirements, the property must connect to Town water for health reasons. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously V1. 13011 Bt 3SINESS 1. Appoint Natural Resources Director and Shellfish Warden agent to Board for Scallop Shanty inspections. Santamaria — We talked about this about 3 years ago; our food inspections go out there and issue permits. Scallopers bring their haul back to the Shanty, once they are inside, the shellfish warden cannot enter. As a result, they are getting scallop seed or non-approved scallops. We can appoint them as agents, so they can go inside and ensure the scallops are the proper size and properly caught then report back to us; we would handle enforcement. Motion to Appoint Natural Resources Director and Shellfish Warden as agents of the BOH for shanty inspections. (made by: Weld) (seconded by: Cooper) carried unanimously ? Vaping Ban Santamaria — At the last meeting, we talked about an on-Island vaping ban; about 4 days later, the governor issued a 4-month ban on all vapmg products. Gov. Baker wants to give Center for Disease Control time to study the diseases and to get a State ban in place. If there is no ban on the floor by January 20, 2020, Gov. Baker will extend the ban. The ban has hit the retailers on Cape Cod and Boston hard, but not impacted Island retailers. We should wait on writing a local ban until the State votes on it. Research to date has found about 70% of vaping- related lung issues are coming from illicit sources; they still don't know where the rest of the diseases are coming from. This isn't an issue for the State only; there are problems across the country. 3. Health and Human Services (HHS) Santamaria — We haven't been able to merge the Health Department and Human Services due to the delay in moving the Nantucket Fire Department. With Rachel Day going to Assistant Town Manager, the Town is Page 2 of 3 BOH Minutes for October 17, 2019, adopted Nov. 21 beginning the hiring process for a new director of Human Services. Anne Barrett will become the office manager for the merged departments. Any construction to the old fire station will be minimal; repair cosmetic damage and upgrade HVAC and electronics; not much more will be done. Natural Resources and HHS will be there together. This is supposed to be a temporary move, but he expects they will be there a long time. We will keep one bay of the garage open for Natural Resources; the other two bays closest to the offices are being looked at for potential uses. A classroom trailer is being moved there to be used as a conference room. The Human Services director will have direct oversight over Our Island Home and the Saltmarsh Center; the Health Department is looking at ways to keep oversight of health and mental health. 4. Board updates & concerns a. Cooper — Asked if there is a way the office can stop some variance requests such as the swimming -pool variance. Santamaria — It is always the person's right to ask for a variance. An appeal of a BOH's decision to deny a variance would have to be challenged in superior court. Several years ago, we changed the requirement for lifeguards at public and semi-public pools to someone with first-aid training and access to a phone; they have to be present all hours the pool is open. This is the first request to waive that; the Board can deny it. b. Higgins — Asked about the status of regulations on water draining and pool discharge. Santamaria — The Land Counsel provided their comments on the regulation at the Select Board; those comments will be integrated into the proposed regulations. There is a stormwater bylaw that was written for the Department of Public Works which will go to Town Meeting as well. Higgins — The Select Board has discussed the regulation enforcement should have as much teeth as possible. People are draining into the wetlands and that impacts water quality,. c. MacNab — It has been suggested that someone on the Select Board be on the Genetic Mice Committee. The Committee has to reform itself because people weren't too sure what the responsibilities and directives were. We're not sure if it's a steering committee; the next meeting is planned for January or February. Asked if he should bring this up with the Select Board. Higgins — Yes, mention it to the Select Board. Weld — Asked what the problem with the committee is. MacNab — The first meeting was very informal, and we aren't sure what our goals are: advising the BOH, supervising the people at MIT, or representing the Town to MIT. 1. Draft BOH Minutes September 19, 2019 2. 105 CMR 435: discussion BOH minutes for November 19, 2015 VIII. ADJOURN Adjourned by unanimous consent at 4:45 p.m. Submitted by: Terry L. Norton Page 3 of 3