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HomeMy WebLinkAbout1984-05-02 IDARD OF HEALTH Hinutes of Hay 2, 1984 Meeting The Board of Health meeting carmenced at 7:30 p.m. All members v.ere present. The minutes of the April 25, 1984 meeting were accepted as typed and reading of the same v.as w::Lived on a rrotion fran Selectmen Cal:ot, seconded ~ Selectmen Clute, so voted. Ii II I, !i il 'I I, II 1\ 11 I. Ii Ii Ii f! :i II L II il " Request to Reconsider Sale of Fresh Seafood: This meeting was called on the request fran Attorney r-iicroel Driscoll to reconsider the Ebard' s action last week granting pemission to David Glidden to sell locally caught seafood in Siasconset Square. Hr. Driscoll v.as present and read a letter which said his clients objected to the sales as they do not qualify under the Town's ~-laws. Mr. Driscoll cited codes 97-2 and 107-4 mich state "fish and shellfish taken locally" wch he l:elieved to clearly mean local f ish, not fish taken fran a local l:oat or any otrer interpretation of a transient vendor. He further cited a meeting of 1981 wrere the Foard denied a request to operate a fish truck in Nantucket. The BJard of Selectmen at this meeting agreed trot Mr. Glidden's truck \\Ou1d re subject to all local ~-laws and health codes. ~. Grossnan suggested trot maybe the statement "locally caught fish" sronld re clarified. Mr. Gardner asked ]lIT. Glidden fran mere he got his fish. He replied fran everyvhere. Mr. Cal:ot asked Mr. Glidden if he conld v..ork within the definitions to vhich he replied "yes". Mr. Grossnan read a definition of the tem "locally caught fish" and asked for input fran f ishemen and Board of Selectmen. The question raised w::LS hCM far out to sea should be considered locally caught. Jltr. GrosSPan suggested 40 to 50 miles. Many of the fishemen spoke al:Dut the lack of a market to sell locally caught fish versus the lack of locally caught fish to l:e found in the close waters of Nantucket. Mrs. Ccxrnbs said she rod to go to otrer areas because fish are not alv.ays available near ~. Mr. Souza said he goes as far as Maine. Tre issue v.as raised that anyone actually catching treir fish does not rove the time to sell them, trerefore, fish cannot l:e caught 1:y the fisheman and tten sold ~ tre fisheman in the same day. There are simply not enough rours. The fisremen said it \\Ould re hard to regulate local fish or local l:oats. . . . - Mr. Driocol1 read the minutes of the 1981 meeting \J1ich he said expressed the sentiments of the !bard not to have any rrore trucks on the streets of Nantucket. Mr. Glidden said he was not given time to rave representation ~ a 1a'WYer. He added trot tre Selectmen v;ere clear last v.BPJ<:.. 'rre Planning Canmission set guid1ines for a village concept t\\O years ago. Jl1r. Glidden said this venture supported U:is idea. He also asked the Board to allow him legal counsel before they made any further decisions. i' " il I; !' I ,I I' I 11 Ii I: I! I 1 1 Mr. Grossnan said it v.as important to encourage local faming and local f:ishing. Ibt it must re local. Again he a sked for a feeling of the Ibard. Mr. C:>ardner said Mr. Glidden has to stick wit}; locally caught fis."1 and he knCMS that. I I II II i i I II I' Ii I I 1 I Ii II II I' I' I " I Mr. Driscoll then asked that the minutes of 1a st week's meeting re read as lE rod not seen them yet. M.r. Cal:Dt read the minutes. Hr. Drioco11 again cited MassachuS2tts General Iaws Chapter 101 section 15 which stated trot a transient vendor Peddling fish must be caught by himself or his farnil y. Mr. Bergman explained that this wa s not the issue. T he !bard of Health voted to approve a truck for the sale of fiffi in 3::onset. The question nCM is what is "locally taken" as stated in the by-laws. The !bard then decided to table any vote until Town Counsel could re con8.11ted on the definition of "locally caught fish" and an interpretation of the by-laws. Jack Gardner moved to ask Town COlIDse1 for his opinion on the legal issues raised ~ Mr. Driscoll and on tre definition of "taken locally." This v.as seconded ~ SelECtmen Skip r-abot, so voted. Jack Gardner moved to adjourn the Board of Health meeting at 8: 00 p.m., seconded ~ Skip Cabot, ro voted. aOF~ ) Bernard D~ Grossnan ~~; YTn:::.-n