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HomeMy WebLinkAbout2012-2-21Minutes for February 21, 2013, adopted Mar. 28 apHTUC,rd�, BOARD OF HEALTH �i� ryo2% Town of Nantucket y C�'➢ 2 Fairgrounds Road OF gp1E��b Nantucket, Massachusetts 02554 www.nantucket-ma.gov Commissioners: Patricia Roggeveen (Chair) Malcolm MacNab, MD, PHD, (Vice chair), James Cooper, Helm, Weld, RN, Stephen Visco Stan: Richard Ray A cll Crowley --- MINUTES ^-- Thursday, February 21,2013 z o 4 Fairgrounds Road, Community Room - 4:00 pan z w -+ x Called to order at 4:00 p.m. n s Staff in attendance: Richard Ray, Health Director; Jeff Carlson, Natural Resources (t$prdinatog Attending Members: Malcolm MacNab, MD, PHD (vice chair); James Cooper; Helene�WeW,, RI�,, Stephen Visco o 3 Absent Members: Patricia Roggeveen (Chair) z 0 Public: Carol Damon; Charlie O'Neil n ^� Agenda adopted by unanimous consent r s w 1. Carol Damon- Stated that the warrant article for $75,000 for tick -bome disease study has been funded for $25,000 from free cash by vote of the Board of Selectmen (BOS). 2. Carol Damon - Asked if there was a deer count available. 1. No%ember 15, 2012 - Adopted by unanimous consent. 1. 5 Meadow View Drive Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Representing Ray - regards to a leech trench and 2 "d dwelling on the property. State requires 20 feet, there is actually 10 feet separation. Proposed foundation bottom and sidewalls of foundation will not reach a depth with the leech bottom and thereby will not be in contact with effluent. Orant variance. Public None Discussion Reasons for replacing existing system. Action Motion to Approve recommendation. (Weld) seconded Vote Carried unanimously Page 1 of 8 Minutes for February 21, 2013, adopted Mar. 28 2. 89 Squam Road Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Representing Ray — Coastal property, adding 2nd dwelling: there is a large layer of clay. State mandates Documentation impervious soil below the system and the ground water. Will be installing a system with Representing an impervious layer below to reach 5 -feet of separation and alternative design technology to further reduce nutrient loading. Water flows to the ocean. Public None Discussion None Action Motion to Approve. ( Visco) seconded Vote Carried unanimously HFARINGS_open 4:08 IV. PUBLIC at p.m. 1. Addition to Board of health fee schedule - $50.00 for licensure requirements for semi - public beaches. Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Representing Ray — Alteration of fee schedule. Adding semi- public beach permits. State of Massachusetts Department of Public Health mandates that all beaches be permitted: public and semi- public beach. Semi - public beaches are those associated with non - municipal entity for the exclusive use of patrons of an establishment; Nantucket has three. Public Carol Damon Discussion Dunton — Asked what the owners of the semi - private beaches get in term for their $50. Ray — These beaches, as with public beaches, must be tested once a week during the swimming season; owners work a contract to have the water tested. MacNab — Noted that there are costs attached to the Town. Public hearing portion closed at 4:12 p.m. This does not affect privately -owned beaches to which the public has access. Action Motion to Approve. ( Visco) seconded. Vote Carried unanimously Page 2 of 8 Minutes for February 21, 2013, adopted Mar. 28 1. Town of Nantucket Board of Health Local Regulations: 76.000 —Solid Waste Haulers Regulation Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Representing Ray — Have two options: the board can opt for a public hearing, but that is not necessary; or these regulations could be adopted at any regular meeting. Recommend rescheduling this hearing for March 21, 2013. Public Charlie O'Neil, Operations Manager Reis Trucking Discussion A quorum will be in attendance on that date. This would apply to the four commercial haulers. Cooper — Asked why this applies only to the commercial haulers and not construction contractors, who make a profit generating debris. Ray — It is deemed incidental to their occupation, not a customary use of their construction company. Read Town Counsel response. Discussion about how these regulations seem unfair to the four commercial haulers by exempting construction companies which generate large amounts of debris. In order to have a full board present, the date of this hearing moved on March 28. O'Neil — Asked what the objective is for implementing these regulations for waste haulers Ray — This regulation has been requested by the BOS. MacNab — The BOH has several options: to adopt, not to adopt and change it. Reaffirmed his concern of fairness. Action Hearing date set for March 28, 2013 Vote N/A V1. ADMINisTRATIVE CONSENTORDER (A( 0) 1. Vote to accept Merritt Family ACO Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Representing Ray — Signed but there is no recorded vote of approval. Recommend reaffirming the approval. Public None Discussion None Action Motion to Approve. ( Visco) seconded Vote Carried unanimously Page 3 of 8 Minutes for February 21, 2013, adopted Mar. 28 !T11 '1 1 11 1 In till 51 16� Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Representing Ray — Present supply is about to expire. Without BOH approval to replace them, the Public Town has to pay for the new pills. With the BOH approval, the Massachusetts Department of Public Health pays for them. The Cape and Islands are deemed to be Discussion within the area of affect of the nuclear power plant. " Public None Discussion Ray — Explained how these 50,000 pills would be handed out in the event of a nuclear - accident. Action Motion to Approve. (Weld) seconded Vote Carried unanimously Board of Health recommendation — Article 28 request for funding $75,000 for development of a tick - home disease reduction program. Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Representing Ray — Read Article 28. Public Carol Damon — Agenda stated Article 28 was for research and education when in fact it is for a reduction program. Discussion Ray — The $75,000 money would be spent at the Town Manager's discretion. MacNab — Stated that the BOH is currently working to reduce tick -bome diseases and that he believes another committee is necessary. Expressed the concerned that $75,000 could not be spent. Bunton — Strongly disagrees; it has been two years since town voters strongly supported something being done and very little has been accomplished in that time. MacNab — Asked Ms Dunton what she believes that $75,000 should be used for. Bunton — That is for a committee to decide. She believes the tick -bome disease report as a starting point and moving forward quickly from there. MacNab — The Tick -borne Disease Report details steps to take. Education is essential and must continue. Reduce the deer population, which cannot happen rapidly. Weld — Something has been done. Data gathering has begun at the hospital, the infra -red study has been done, have a proposed budget to hire someone to work at the hospital from June to October, proposal for videos on pet education and human disease protection, two videos on tick -bome disease prevention and landscaping techniques in English and Spanish, and also something in the public schools. Ray — On the outside chance the BOS has established a separate line item outside Article 28, perhaps the Board would wish to recommend Article 28 with a sum of $25,000. Cooper — There is money in the BOH budget for tick -bome disease and then the BOS agree to give $25,000 more. MacNab — Concerned that there might be confusion that the BOH budget for $27,000 is for tick -borne disease, when it includes other things. There is the potential for great confusion here. Page 4 of 8 Discussion Minutes for February 21, 2013, adopted Mar. 28 Ray — Gregg Tivnan, Assistant Town Manager told him that the BOS is going to continued recommend for Article 28 supplant the $75,000 with $25,000 and is asking BOH for its recommendation on which would they support: $75,000, $50,000 or $25,000. This is separate from the budget. MacNab — Expressed the opinion that a lot could be done with $25,000. Cooper — Asked Ms Dunton what she would recommend. Dunton — There is over $6M in free cash over $1 M of which has not been granted. MacNab — The Vineyard is doing a lot of research with their grant for about $100,000: doing an experimental deer reduction program on an adjacent island, counting deer, and a program of introducing quail into the wild. Dunton — Asked the BOH to ask for $75,000; the money is available. Cooper — That is asking for $50,000 simply for the sake of $50,000 when there seems to be no need to spend $50,000. Voters are going to want to know exactly what that money is ear-marked for. MacNab — Propose endorsing $25,000. He feels he could justify the use for that money. Consensus is that none of the BOH members or BOS would support an Article for Action $75,000. Motion to Recommend changing Article 28 from $75,000 to $25,000. (Cooper) seconded Vote Carried unanimously 2. Robert Williams request for inspections deadline extension amendment to Local Regulation 55:00 Inspection requirements for properties within the Hummock Pond Watershed Protection District. Sitting MacNab, Cooper, Weld, Visco Recused Documentation None Supporting documents and plans, staff recommendations. behalf the Hummock Pond homeowners, for atwo- Representing Ray — Mr. Williams has asked, on of extension in the inspection mandate and repair. Reluctant to go two years; however year 12 or 15 months will allow time to receive the Estuary Report for the pond and recommendation from the Sewer Advisory Committee and consultants as to expansion of wastewater treatment facilities on Nantucket. Recommend 12 months to complete inspections, Zone A has 12 months and Zone B has 15 months. Public Discussion None MacNab — It will be years down the road before sewers go into that area; expressed concern with what happens in the interim. Cooper & Visco — Expressed concern about the procrastinators and how they could keep Action asking for further extensions. Motion to send out letter with Mr. Ray's recommendation. (Visco) seconded Vote Carried unanimously Page 5 of 8 Minutes for February 21, 2013, adopted Mar. 28 3. Budget figure for inclusion in FY2014 budget request. Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Ray A separate budget for BOB of $27,275. Suggest rounding up to $30,000, Representing — proposed which has been proffered, but need to justification. Public Discussion None Discussion about what the money would be used for: reserve the $25,000 for tick -bome disease and use this for something more constructive in regards to other health issues. Need to come up with a rough budget. Action Dr. MacNab will meet with Mr. Ray to discuss uses for the money on February 26, 2013. Vote 4. Review ofjob description for summer intern— tick -bome disease reporting position. Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Weld — There is a job description but it lacks details. Also, do not know what did or did Representing not happen in the position the Board sponsored during the summer of 2012. Raw data had no collection date parameters. Reviewed possible changes/additions. Public Discussion None Discussion about shortcomings from last year and how to close the gaps. Action Ms Weld, Mr. Ray and Charlene Chadwick, at Nantucket Cottage Hospital, to meet and prepare a solid job description. Vote N/A 5. Article 69 requesting formulation of a Tick -borne Disease Reduction Committee. Sitting MwNab, Cooper, Weld, Visco Recused Documentation Representing None Supporting documents and plans, staff recommendations. Ray — Should there be a separate Tick -borne Disease Reduction Committee or not. Public Discussion Action Vote None Weld — Stated the belief that is the responsibility of the BOH. By unanimous consent, the BOH issued a negative recommendation on Article 69. N/A Page 6 of 8 Minutes for February 21, 2013, adopted Mar. 28 1. Fertilizer regulations. Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Representing Supporting documents and plans, staff recommendations. Ray — Was informed by Town administration that they are considering transferring the implementation of the fertilizer regulations to the Department of Natural Resources. Public Discussion None Carlson — A main part of the program is water quality as it relates to nutrients in the harbors, great ponds and accessory water bodies. Have secured a 6 -month seasonal water quality specialist to do the sampling and extra personnel to help with implementation of the program. Natural Resources will be responsible for the educational programs but will work with BOH to develop that program. Discussion about a donation for $5,000 to the BOH to implement training programs. Carlson — Staff training could start April 1; contractor training would start by early summer. MacNab — Asked about the Home Rule Petition. Ray — The Home Rule Petition is going to be resubmitted. This is being implemented as a local regulation at this time. Cooper — Asked how this regulation will be policed. Carlson — Creating a new position of a Natural Resources Enforcement Officer. That person's responsibility would be to enforce the department's rules and regulations, to include: fertilizer, shellfish warden duties, and Conservation Commission enforcement. Education is planned for the retailers and the users to encourage compliance. Other communities have put together similar educational programs and been successful. Part of it will include homeowner education as well. Discussion on how users will be inspected and violators will be dealt with. Cooper — Expressed the opinion that the permit should be issued by the BOH as it has more "teeth." Ray — The regulations are presently written for the BOH. There is a concern to be brought up with Town Counsel that the regulation might need to be changed to fall under the aegis of Natural Resources. Carlson — There is no intent to take licensing/permitting from the BOH as nutrients are a health issue; Natural Resources has the manpower to take this on now and start building the program. Action None Vote N/A Page 7 of 8 Minutes for February 21, 2013, adopted Mar. 28 2. Change to Title 5 Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Representing Ray — There are two changes: 1) DEP is going to turn over the variance process for tight Ray — The flyover worked out very well and photos of are outstanding quality. tanks to local boards of health; however, DEP will maintain the right of intervention. None 2) The Alternative Design Technology Program in Boston has been disbanded and will None be turned over to Barnstable County Health Department. The Director of BCH has put None together an Alternative Design Technology treatment grounds at Otis Air Force Base N/A where he can test every new system on the market for use in MASS. This allows better access to new technologies with data posted online for review. Short -term repair systems have come out of this for individuals with technically or hydraulically failed systems. Have a meeting scheduled_ with the Director to review what technologies are usable. Public None Discussion Consensus this is good. Action None Vote N/A 3. Deer census flyover Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Representing Ray — The flyover worked out very well and photos of are outstanding quality. Public None Discussion None Action None Vote N/A will not make the May deadline 2. Mosquito Control Committee: Have decided to hire someone to write the program and a job description. to Adjourn: 5:41 p.m. Submitted by: Terry L. Norton Page 8 of 8