HomeMy WebLinkAbout2020-10-6 emergency meeting Minutes for October 6,2020,adopted Oct.22 s A iiiU '
m��pNSue BOARD OF HEALTH 0 �� G G
Emergency Meeting
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3 East Chestnut Street
.Nantucket,Massachusetts 02554
www.nantucket-ma.gov
Commissioners: Stephen Visco (chair),Malcolm MacNab,MD,PHD (Vice chair),James Cooper,
Meredith Lepore, Melissa Murphy Select Board
Staff:'Roberto Santamaria,Artell Crowley,Kathy LaFavre,Anne Barrett,Hank Ross
-- MINUTES —
Tuesday, October 6,2020
This meeting was held via remote participation using ZOOM and YouTube,
Pursuant to Governor Baker's March 12, 2020 Order Regarding Open Meeting Law
Reconvened at 3:01 p.m. and announcements by Mr.Visco
Staff: Libby Gibson, Town Manager; Roberto Santamaria, Health Director; Paul Murphy, Building
Department; Chief William Pittman
Attending Members: Stephen Visco, Chair;James Cooper;Meredith Lepore;Melissa Murphy
Absent Members: Malcolm MacNab,Vice chair
Town Counsel: Gregg Corbo,K&P
I. PUBLIC COMMENTS
1. None
II. DISCUSSION EMERGENCY ORDER
1. Draft Declaration of Public Health Emergency- Emergency Order 13.
Discussion P. Murphy – Provided and update on the process of inspectors: distancing, masking, log books.
We are finding most people cooperative.
M. Murphy– Mr. Murphy's office, along with BOH and Town Administration is a collaborative
effort to enforce the rules we have in place.Asked how often job sites are inspected.
P. Murphy–We do 10 to 12 inspections a day;we don't do surprise inspections due to being busy.
M. Murphy– She's concerned that when people know the inspection is coming, they put a good
face forward.Asked the best way to report violations.
P. Murphy –When an inspection is called for, they don't know the time we are coming;we find
they are in compliance. If someone is not cooperating,we call the Health Department.
Santamaria–To report a concern, call Health Department 508-228-7200 extension 7009 or email
at health@nantucket-ma.gov.
Gibson–People can also contact Labor Services through the Town website.
Cooper–Asked why Mr. Murphy isn't authorized to fine someone in violation.
Santamaria–They are;but it is easier to go through us.We can issue a ticket based upon what our
agent saw; same is true for Board members.
Santamaria–Reviewed changes based upon discussions at the previous hearing.
Lepore –The term "Marina" is confusing. She doesn't want people thinking that they don't have
to wear a mask at the Hyline or Steamship docks. Suggested the term"ports of entry"to include the
airport.
Santamaria-Section 2 is the same as Emergency Order 12 regarding businesses;it is also covered
by the Governor's order. Section 3 addresses face coverings.
Lepore–Confirmed that if a painter or such is in a room alone,they don't have to wear a mask.
Santamaria–Section 4 addresses masks while carpooling in commercial vehicles.
Lepore–In her opinion, four in a car is too many regardless of wearing masks.
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Minutes for October 6,2020,adopted Oct.22
Corbo—Under the State guidelines for construction sites,individuals are required to take their own
car to the job site and are not supposed to be car-pooling;nothing here eases those restriction.
Regarding traffic stops, there are strict limitations on what circumstances the Police are allowed to
stop a vehicle; he would defer to the police chief regarding stopping a car for not wearing a mask_
M. Murphy—Doesn't think that if something can't be safely enforced by the police,it shouldn't be
included in the Emergency Order. She sees it as targeting the trades. She'd prefer to see 6 allowed
in a vehicle, that's consistent with the dining order.
Cooper—Regardless of the number of people, it is a matter of wearing masks. Six people in a car
with masks is better than four without masks.
Visco—He thinks it should be left at four.
Pittman — He doesn't know of any legal justification for making a traffic stop based upon an
Emergency Order. He questions how the lack of masks in a car would be enforce unless the officer
follows them to the job site. Noted many people on Island use their work vehicles for personal use
as well.
Corbo—The latest language focuses on vehicles with commercial plates and branding carrying more
than 4 occupants. Doesn't believe a COVID order would justify a traffic stop.
Cooper—Regarding Section 10, asked if all police personnel are authorized agents.
Pittman—Most likely it would be solely police officers. An officer might see a violation, but they
have a choice to address a mask violation or continue on to answer another call; we don't assign
people to look for mask violations. If during routine patrol, they observe a job site not following
the order, they are to contact the Health Department.
M. Murphy—Section 4,asked what this part of the Order would accomplish if it can't be enforced;
wonders if it wouldn't be better addressed through education and outreach.
Corbo — The inclusion of these requirements in the Emergency Order is not there for replacing
education and information about best safe practices but to be a requirement with the expectation
that people will comply with that requirement.
Santamaria—Keep Section 4 at 4 per vehicle. Section 5 addresses gatherings: 10 was in Phase I of
the Governor's order from June and was very effective. It does not apply to restaurants; religious
services are covered by a Governor's order. We do not have signs that there is spread at theaters
and the drive in.
Maggie Stewart — It looks like Point 8 addresses many of her concerns. However, it requires 1-
week notice for events and this order would be implemented tomorrow. There are events planned
for this weekend which will be negatively impacted.;organizers have worked hard to ensure they are
as safe as possible. This seems unfair to an industry that has been disproportionately impacted by
the plague.
Corbo—Point 8 is not intended to be a variance procedure;we want people to have the opportunity
to answer the question of whether or not their event is covered by this order.
Lepore—Feels that would be allowing people to have a party in the face of the spike.We've worked
hard to open the schools and doesn't want to see them closed again.
Santamaria—The Governor is taking the Red Status very seriously. Currently there is no pull back
because of the Red designation.
M. Murphy—Agrees with Ms. Lepore. We can't underscore enough that this is a global pandemic
and we are a Red Community. Feels it would be irresponsible to delay implementation for a week.
Agrees with Section 5 as written.
Peter Morrison—To boost self-compliance, suggested that in Section 4 add the statement that the
Police Department enforcement is authorized where appropriate.
Corbo — In his experience, courts limit police officer justification to make traffic stops. Inserting
that statement won't change police practices.
Visco—Agrees about Section 5 and not waiting.
Santamaria—Section 6 indicates that the local orders do not abrogate the governor's orders.
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Minutes for October 6,2020,adopted Oct.22
Edna Yelle — All the orders have addressed industries other than hospitality; asked why other
industries are being targeted.
M. Murphy — This order isn't intended to target any industry; the point is to ensure everyone's
health and safety is protected and getting our community back into Green.Just because there hasn't
been a spreader event doesn't mean there won't be one; she doesn't want to take that risk.
Yelle—Asked how an event is different from an open restaurant
Santamaria—There are strict policies and procedures that can be enforced in a restaurant but not
an event.
Lepore —There have been weddings in other parts of the country that have been spreader events;
we want to prevent that.
Santamaria—Section 8 requires notification to the Health Department regarding holding an event
to determine if this or the Governor's order applies. Contact the Health Department in writing at
health@nantucket-ma.gov.
M. Murphy—"... to the extent necessary" seems to imply use of judgement;would prefer to see it
removed.
Corbo — The ability to enforce imposition of a ticket or fine is not intended to take enforcement
discretion away from the office; the primary means of compliance remains through education and
cooperation. If efforts to use voluntary compliance fail, fines and tickets are the next step under"...
to the extent necessary."
Regarding Section 12, the Governor issued an order authorizing fines up to $500 per offense; that
applies only to the Governor's orders; the Town is restricted to $300 per violation.
M. Murphy—Asked what happens if someone doesn't pay a fine.
Corbo—There are additional enforcement opportunities; a non-criminal offence can be converted
to a criminal offense. Also, there are several methods of civil enforcement such as denying licenses
or permits as well as revoking or suspending licenses.
Cooper—Doesn't see anything under Section 12 about shutting jobs down. Asked if we gave up on
that. Feels putting that in writing would send a very strong message.The last thing a company wants
to do is have their job site shut down.
Corbo —The regulation has to specify what the officer is allowed to enforce and what the level of
enforcement would be. The Town always has civil enforcement authority. We can add a paragraph
relating to civil enforcement.
Visco—Doesn't know if that has to be in the Emergency Order.
Pittman—Asked if there are concerns about due process rights when adding language of that type;
if a site is shut down, asked if there is potential liability.
Corbo — As with any type of enforcement matter, we would look to ensure due process prior to
shutting down a business or activity unless it is an egregious violation.
Morrison—This document is being drafted as a proper legal document;you have an opportunity
to maximize self-compliance through the language. Feels there should be a phrase stating the police
are authorized to enforce the Emergency Order.
Santamaria—Doesn't know if that belongs in the document. We've done significant outreach and
education.
Pittman—The place for that would be in a press release; this document provides a framework by
which we work and without being threatening.
Stanley Polchinski — Section 1 applies to "all areas of the Town open to the public whether
property is public or privately owned." Section 3 addresses "place of employment on the Island of
Nantucket." Asked if Section 1 is for the Town only with Section 3 the whole Island.
Santamaria—The intent is for the whole document to refer to the entire Island.
Corbo—That was an inadvertent mix up and can change Section 1 to "Island."
M. Murphy — Asked if Mr. Santamaria could include fines issued in a week into his Select Board
report.
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Minutes for October 6,2020,adopted Oct.22
She has received a few comments from folks who are confused because this order is limiting
gatherings but has no impact on schools,where classes have more than 10 students.
Santamaria—We can provide an enforcement report
The difference between a gathering and a school is the school is a controlled environment with
someone in every classroom who ensures COVID protocols are enforced.That is not so for a gather
or event.
Corbo — The BOH has to draw the line somewhere because we can't control every detriment to
public health; we can only eliminate as many as possible. Schools and religious services provide a
public purpose where events don't.
M. Murphy—The Town has had a robust education program, but mask orders should be posted
more obviously at points of entry. Suggested advertising in the newspaper; the radio would help.
She would like an update on State testing; feels testing is the next most important element we can
offer.
Santamaria—He requested asymptomatic testing but hasn't heard from the Governor or Secretary
of Health & Human Services. The Department of Health thinks we will be getting a set up where
the Hospital is reimbursed for the tests;that would last only as long as we are Red. We are working
on education and flyers in multiple languages and updating our signage.
Lepore—Asked if there is a way to push the State. She feels asymptomatic testing is long overdue;
they could easily put their mobile unit on the boat and park it at the hospitaL
Santamaria—We sent another email today to the Governor and other State officers.
Ms.Jonathan Green—Understands the need to protect privacy;but would like more demographics
on the age and race of the person. She thinks it would help inform the public.
Santamaria — He brakes the demographics down at the Select Board every week; it is also on the
Town COVID-19 website.
Corbo—Before we bring this to a vote, there were questions about the 2'd introductory paragraph.
Asked what month should go in there and if"numerous hospitalizations..." should be clarified.
Santamaria — More than 60% of our cases were from September. Regarding, "numerous
hospitalizations..." he understands people would like to hear more;we have had 8 hospitalizations
and 3 deaths. Set the implementation date for Wednesday, October 7,2020 at noon.
Action Motion to Approve the Emergency Order 13 as drafted. (made by: Murphy) (seconded)
Roll-call Vote Carried 4-0//Lepore, Murphy, Cooper, and Visco-aye
Santamaria— He will forward the final draft to Mr. Corbo and the BOH members.
Motion to adjourn the BOH meeting 4:26 p.m. (made by: Murphy) (second)
Roll-call Vote: Carried 4-0//Murphy,Lepore, Cooper, and Visco-aye
Submitted by:
Terry L. Norton
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