HomeMy WebLinkAbout2012-8-30Minutes for August 30, 2012, adopted Sept. 27
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BOARD OF HEALTH
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Town of Nantucket
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2 Fairgrounds Road
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Nantucket, Massachusetts 02554
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www.nantucket- ma.gov
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Commissioners: Patricia Roggeveen (Chair); Malcolm MacNab, MD, PHD, (Vice Chair); James Cooper; Hewe Wfetd RN; Stephen Visco
Staff: Richard Ray, Artell Crowley 0
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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