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HomeMy WebLinkAbout2012-8-30Minutes for August 30, 2012, adopted Sept. 27 D ° z ^' BOARD OF HEALTH 7 —' rn Town of Nantucket M __4 cn rn 2 Fairgrounds Road o - Nantucket, Massachusetts 02554 m www.nantucket- ma.gov Z Commissioners: Patricia Roggeveen (Chair); Malcolm MacNab, MD, PHD, (Vice Chair); James Cooper; Hewe Wfetd RN; Stephen Visco Staff: Richard Ray, Artell Crowley 0 7Z MINUTES for PUBLIC HEARING August 30, 2012 4 Fairgrounds Road, First -floor Conference Room — 1:00 p.m. All or a portion of this meeting is being recorded. If you plan to record this meeting yourself, please check with the chairman of the board before you begin. Called to order at 1:00 p.m. by Dr. MacNab Staff in attendance: Richard Ray, Health Director; Kara Buzanoski, Department of Public Works Director Attending Members: Patricia Roggeveen; Malcolm MacNab; James Cooper; Helene Weld; Stephen Visco Late arrival: Patricia Roggeveen 1:04 p.m. Absent Members: None Agenda adopted by unanimous consent 1. August 9, 2012 adopted by unanimous consent 1. None Beach closures — Did have problems with Children's Beach exceeding what the State refers to as the Geomean; that is a number derived from the sample the Health Department sends over on a weekly basis. Taking into consideration number of weeks it has been elevated, rainfall and on what particular day that rainfall occurs associated with our testing. Of the 35 parts per million (PPM) allowed, Children's Beach reached 36.1 PPM which resulted in the closure. The numbers have fallen back to 30 PPM, and the beach remains open. Over all it was a successful beach season in regards to water quality. Had one closure involving the entire North Shore for two days and a couple of beaches on the South Shore. This department will be approaching the Massachusetts Health Officers' Association, the Massachusetts Department of Public Health and in turn the Environmental Protection Agency (EPA), which sets these standards, to ask them to consider a second round of testing prior to beach closure, particularly on beaches that have lateral and tidal current flow. Historically, when an exceedance occurs, within 24 hours we are able to reopen the beach. The paradox is that in the 24 hours it takes to confirm a test, people are swimming in potentially contaminated water. Once the second test is taken, it takes another 24 hours for results, which 99 percent of the time comes up below the Geomean. Page 1 of 5 Minutes for August 30, 2012, adopted Sept. 27 (starts at 1:06:47) IV. PL�BLIC HEARINGS 1. Local Regulation 59.00 Septic System Upgrades Deferrals. (Administrative Consent Order for Madaket) Sitting Roggeveen, MacNab, Cooper, Weld, Visco Documentation Supporting documents and plans, staff recommendations. Overview Richard Ray — Now have a defined Total Maximum Daily Loading Limit (TMDL) for Madaket Harbor and Hither Creek assigned by the EPA. Meeting that will have to be done through de- nitrification of those water bodies. It has been determined that run off and fertilizer do NOT significantly contribute to the increase in nutrients; it apparently falls on the shoulders of the septic systems. To that end the Town has determined a number of options to take to reduce the nutrient loading: sewering of Madaket or alternative design technology (ADT) systems. Sewering of Madaket will remove all nutrient loading associated with septics in Madaket and unquestionably bring the area below the TMDL assigned by the EPA. ADT as an approach might get the numbers below or more likely close to the TMDL. In the interim while the Town determines which option to take, the Health Department has brought forward Regulation 59.00, which says that rather than repairing a system to its most maximum feasible compliance and then having to install perhaps sewer or ADT in the near future, we can grant deferrals to properties in the Madaket Watershed Protection District that have technically failed systems (hydraulically failed systems must be replaced immediately) to repair /upgrade to code standards by signing the Administrative Consent Order (ACO). This ACO will encumber money from the property on a yearly basis to be used at a future date to fund the cost of the sewer or ADT. Also here is Rosemary Blacquier,a representative from Woodward and Curran, who can answer questions. Public Paul Santos, Nantucket Surveyors Carl Merritt, 62 Arkansas Avenue Patricia Pastuszak, 215 Madaket Road Charles Stott, 72 Long Pond Drive William Lane, 5 Starbuck Road Discussion Paul — Question about the escrow crossing a sale of the property. Rosemary — It goes with the title of the house. Merritt — Not sure if the escrow pays for the sewer going down the road or just the connection. Ray — If the Town chooses sewer, the monies pay for the infrastructure. Rosemary — If the owner chooses to upgrade or repair the Title 5, that money returns to the owner. Merritt — Who pays for the sewer? Roggeveen — That decision is made at the same time the Board of Selectmen (BOS) decides whether or not to go with the sewer. Escrow is for upgrade to the septic. If the Town should decide to sewer Madaket and decides to put a certain amount of that cost on betterments, the owner can use the escrow account for that purpose. If the Town chooses to put the cost of sewers on the tax base, the money is returned to the property owner. Whether to go with sewers or ADT and financing of sewers are BOS decisions, septic systems are BOH. Merritt — Regulation 59.00 says the upgrade must happen within 60 days. Ray — Only once the decision is made to go with sewer or ADT and that will be made in a couple of years. If the owner chooses not to sign the ACO, the system must be upgraded knowing full well that the property must connect to a sanitary sewer if it comes available in Madaket. Page 2 of 5 Minutes for August 30, 2012, adopted Sept. 27 Discussion Merritt — Regulation 59.00 also says there must be a Title 5 inspection. If we have had one and continued passed, must we have a second? (1:16:59) Ray — No, the owner has a Title 5 inspection on record. Merritt — If the sewer comes through and the owner must connect in 60 days and there are three different townhouse buildings and the other condo owners haven't done anything, is it going to cost the one a lot more? Rosemary — The ACO is only for those properties with a technically failed system. Ray — If individuals have already repaired their systems and sewer is brought to their street, it is mandated the owners will have to abandon the system and tie into sewer and pay the connection fee. The Finance Department will decide how payment into the escrow will be handled. Trish — Request clarification about ACO and failures. Ray — If there is a technical failure, the ACO allows the owner to maintain that technical failure. If there is a hydraulic failure, the property owner must repair the system to maximum feasible compliance. Stott — For those who have already spent large sums of money to upgrade their systems, hope that when the BOS considers financing of sewers to Madaket they take into account that fact the some people have paid out a lot of money and figure out a way provide credit to those people. The amount that would be paid into the escrow account, would that be based on the estimate provided on what it would cost to bring the system up to speed? Ray — Yes. Stott — The one early proposal suggested that there would be an amount of money paid each year for 20 years? Is it the intention of this regulation to have a 20 -year period? Rosemary — The payment plan would be based on 20 years; but the ACO itself has a 5 -year life, which the BOH can extend depending upon where the Town is with its plan. Stott — Perhaps the BOH would consider amending 59.03 §2D to specify that the escrow amount be based upon a 20 -year payment plan; so that it is clear what the intent of the BOH is. Roggeveen — We can take up that amendment after the public hearing. (Name not clear) — What are the nature of the studies that lead to the decision about whether to bring sewer to Madaket or go with the ADT? Ray — The decision will be based solely upon the Estuaries Program and its research to the EPA and the SMast, which is the University of Massachusetts Oceanography Program. Buzanoski — Part of the Comprehensive Wasterwater Management Plan (CWMP) will document how best to service that area sewer -wise and also ADT. At this point there are several different routes that are being evaluated for Madaket and Surfside. There is the evaluation of a treatment plant in Madaket to include the costs, flow and a number of other issues. Hopefully all documentation will be complete in December. In 2004 CWMP looked at the entire island and made the determination what areas should be sewered; however, the key piece of information missing from that study was the MEP study for Madaket Harbor. That is now available. One of the triggers in the 2004 CWMP was that, when those came available, the CWMP would have to be updated. Roggeveen — There are other considerations with respect to the ponds in particular, in terms of their priority within the infrastructure and decision making. In 2004, the ponds were not considered as high priority; and so now that they are, have taken another look at how to outline the plan. In discussion about implementation of Monomoy, there were a lot of questions that could not be answered. In a 10 -year period, it is a healthy thing to not base judgment upon policy with respect to things discussed 10 years ago. Page 3 of 5 Minutes for August 30, 2012, adopted Sept. 27 Discussion Ray — Will be asking that the enactment date for this Regulation, if approved by the BOH, be continued pushed back to October 1 of this year. This regulation would normally be initiated upon (1:29:29) signatures; however, there is a start -up period associated with this, and the office staff is over- burdened by the implementation of other plans. Just do not have the manpower or forms to move forward with this at this time. Rosemary — Could have property owners sign an ACO document but knowing it will take Finance some time to set up all the necessary paperwork. Besides, the individual will have to get an estimate for how much it will cost to replace the septic system. Ray — Believe the signatures on this page and the adoption of this regulation will satisfy loan providers; but there is no guarantee to that. Lane — How much of Madaket does this affect? Ray — At this time, this applies to every property within the Madaket Watershed Protection District to include: Tristram's Landing, Fisher's Landing and as far out as Millie's Bridge. There has been a determination that if sewer goes out to Madaket, there is no way it will cross Millie's Bridge. For Smith's Point area, things will remain as is; if the system fails, it will have to be upgraded into full compliance with Title 5. A code compliant system will not be involved in the ACO. (Did not identify) — Will the ACO be recorded on the deed in the event of transfer of property? Ray — Yes. PUBLIC HEARING CLOSED AT 1:36:21 P.M. Roggeveen — Two additional considerations: 1) Request to amend the language about it being a 20 -year payment plan. 2) Request to set an implementation date. Discussion: Issue 1, adding that language. Cooper — §53A says, "Said sum solely to be used to defray the cost of connecting to the sewer." Ray — Or upgrade or repairing the system. Cooper — What if money paid into escrow exceeds monies needed to connect? Ray — The property owner will have the excess funds returned. Roggeveen — Delineate in 59:03 §2.D. that there is a 20 -year language to that effect. Ray — Will have counsel draw up the proper language. Motion to Delineate in 59:03 §2.D. language to the effect of a 20 -year payment plan. (Weld) seconded. Carried Unanimously Discussion: Issue 2, implementation date of October 1, 2012 with the impact upon a couple of individuals looking to sell property. Rosemary — Accepting the ACO is a decision for the financial institution making the loan. Roggeveen — Making it effective immediately is the cleanest. Ray — The BOH did this with the fertilizer regulation and did it to benefit the department staff to allow time to establish a program. Roggeveen — That would not affect the closing of a sale on the house. Cooper — How much of a problem could this end up being? Ray — Perhaps the BOH could adopt the implementation date of October 1 with the exception of dwelling unit transfers, which would be dealt with in a level of immediacy by the Health Department. Rosemary — This regulation also involves the Finance Department which would like a heads up in getting this up and running on their end. Page 4 of 5 Minutes for August 30, 2012, adopted Sept. 27 Discussion Roggeveen — If we pass this today, there would be language included that says any properties continued with sale contracts would be bumped to the top of the list and handled by the Health (1:44:13) Department immediately. Ray — Will talk to counsel about that wording. Action Motion to Approve. (Visco) seconded Vote Carried Unanimously 1. Weld — A request that at the September meeting that the report from Sarah Burke concerning her work at Nantucket Cottage Hospital and reports for the pharmacies in regards to tick -borne diseases be available for review. Motion to Adjourn: 1:45 p.m. Submitted by: Terry L. Norton Page 5 of 5