HomeMy WebLinkAbout2013-3-28Proposed Minutes for March 28, 2013
\ BOARD OF HEALTH
,t. Town of Nantucket
2 Fairgrounds Road RECEIVED
Nantucket, Massachusetts 02554
www.nantucket-ma.gov "14133 PH 22 P{5 2 40
Commissioners: Patricia Roggeveen (Chair) Malcolm MacNA MD, PHD, (Vice chair), James Coopei, "He1�nL� bVbIQ RNTgepMln%6LR h
— 1Vi11V U 1 Z, —
Thursday, March 28, 2013
4 Fairgrounds Road, First -floor Conference Room — 4:00 pm
Called to order at 4:00 p.m.
Staff in attendance: Richard Ray, Health Director; Art Crowley, Assistant Health Officer; Jeff Carlson,
Natural Resources Coordinator; Terry Norton, Town Minutes Taker
Attending Members: Patricia Roggeveen; Malcolm MacNab, MD, PRO; James Cooper; Helene Weld, RN;
Stephen Visco
Absent Members: None
Public: Rick Atherton, Board of Selectmen
Agenda adopted by unanimous consent
None
February 21, 2013 — adopted by unanimous consent.
Page 1 of 5
Proposed Minutes for March 28, 2013
1. Local Regulation -76.00 Solid Waste Haulers Regulation
Sitting
MacNab, Cooper, Weld, Visco
Recused
Roggeveen
Documentation
Supporting documents and plans, staff recommendations.
Public
MacNab opened the public hearing.
comments
Charlie O'Neil, Project Manager Reis Trucking — Asked what objectives the board is
trying to achieve through these regulations. Would like those objectives shared so
that those in the room will be able to respond. Explained what happens to
commercial trash: trash must be in clear plastic bags and are placed in the yards or in
bins for pick up, and glass and plastic /aluminum are separated; that separate
recyclables and trash require that at the dump the trash is dropped at three different
places. Solid waste is picked up with a water -tight vehicle. It seems the template used
for the regulations was for a locale with curbside pick -up, which is not the case on
Nantucket. There are other portions of the regulations that create an administrative
burden without a public benefit: §76.02 requires a description of where the trash will
go, the vehicle that will be used and the tonnage; requirements for the company
change weekly and seasonally; §76.03 requires a copy of the driver's license, this
also changes seasonally; vehicles are subject to inspection by the BOH but the
section lacks parameters or criteria; §76.04 also creates a significant burden for the
hauler by requiring data be reported on a quarterly basis. In the absence of a history
of problems, it doesn't appear on the surface that the Town needs this new regulation.
If it is going to be adopted, it should he structured to the unique burdens of
Nantucket.
Carl Jelleme, Toscana— Asked what the purpose is for these regulations.
Patty Santos, Santos Rubbish— Agree with Mr. O'Neil about the administrative
burden. Also asked what the reason is for the regulations.
Barry Bums, BE Bruns Inc. —Asked who the regulation is trying to address.
Construction and Demolition (C &D) waste is hauled off the island; it isn't clear if
this regulation addresses job -site pick up. Also requires that the waste- hauler vehicles
be configured to be water -tight
Public Comment section closed 4:12 p.m.
Page 2 of 5
Page 3 of 5
Proposed Minutes for March 28, 2013
Discussion
Ray — Have a request for further definition on the purpose of the regulation;
presented to BOH by the BOS and asked for adoption. Suspect they are designed to
get a better understanding and realization as to where trash is going, and at what the
rate and amount.
MacNab — Addressed that question to Mr. Atherton.
Atherton — Stated he would prefer to hear the request with the full BOS.
Jelleme — Waste is going off island or to the Land fill. The information on where the
trash is going and at what the rate and amount is available from Waste Options and
the Steam Ship Authority (SSA).
Gardner — Stated that a definition is needed to determine "who is in the business."
Ray — Counsel's recommendation is that licenses be issued to waste, offal,
rubbish/trash and C &D haulers; also license C &D haulers who remove C &D from a
construction or demolition site not as part of the contractual work for that site; and
that the contractors who are actually doing the project whose C &D waste is
incidental to the construction and demolition not be licensed or be exempt from these
regulations.
MacNab — Asked how "incidental" is defined.
Ray — If you are a licensed contractor in the State of Massachusetts doing demolition
or construction on Nantucket, there are two methods of removal, take it out in a pick-
up truck and be charged at the land fill or contract out to a third party, a C&D hauler.
MacNab — Not sure why the regulations are needed.
Ray — Suggested holding a work session and inviting the BOS to assist in
determining the mood of these regulations.
MacNab — Stated that there was no apparent health issue behind the regulations. The
lack of specificity is troublesome. The covered -trucks should not be an issue on this
island.
Gardner — During the public hearing portion, it was stated that specifics of the
amounts are available
MacNab — Could vote or ask for specifics from BOS. Seems the consensus at this
time these regulations will not pass. They are too vague and unspecific.
Action
Mr. Ray will schedule a work group with the BOS to discuss this issue and vet out
the concerns.
Vote
N/A
Lkaiw closed at
4:20 .m.
REGULATIONS
Sitting
Roggeveen, MacNab, Cooper, Weld, Visco
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Representing
Jeff Carlson, Director Natural Resources — Mailed out copies of the BMP to all the
landscapers. Put out advertisements for summer water quality person, a six-month
Discussion
position.
MacNab — Pointed out that Community Sailing has $5,000 for education and
material. ,.
Action
None
Vote
Page 3 of 5
Proposed Minutes for Much 28, 2013
Michael Fee,
12 Kelly Road, $31,000
Sitting
Roggeveen, MacNab, Cooper, Weld, Visco
Recused
None
Documentation Supporting documents and plans, staff recommendations.
Discussion
Ray — Asking for approval with document avail
Action
Motion to Approve. (Wells) seconded
Vote
Carried unanimously
Sitting
Roggeveen, MacNab, Cooper, Weld
Recused
Visco
Documentation
Supporting documents and plans, staff recommendations.
Representing
Paul Santos, Nantucket Surveyors
Public
Discussion
None
Ray — reviewed reasons Madaket Marine has a tight -tank system. With expansion of
the boat yard, the need for a larger tank has become apparent. Have a signed
maintenance agreement.
Action
Motion to Approve. (MacNab) seconded
Vote
Carried unanimously
1.
2.
t90
Preliminary Report Deer Census —End result is 41 to 45 deer per square mile per the fly -over; this is a
total of about 2,000 deer on the island. State recommends 12 to 14 deer per square mile and confirms that
Nantucket certainly does have a problem. BOH should review this information then determine how to
proceed. Mr. Ray will have a presentation for the BOS ready in a couple of weeks. The survey was done
after the hunt; also according to the Department of Public Works (DPW), 300 collision deer were picked
up off the roads last year. The extended hunting season could become effective this fall.
Update on Summer Intent tick -borne disease work: Numbers from Pharmacies — Have hired a summer
intern who will be on island within 4 or 6 weeks. It is imperative the intent meet with the char or vice
chair of BOH to understand exactly what is expected of her and point out that updates at every meeting
will be required. Do have preliminary prescription numbers from the pharmacies for the last 12 months;
still waiting for number from one pharmacy and should have them in 7 to 10 days. Adding up the
doxycycline and amoxicillin issued from Nantucket and Island Pharmacies, there were 342 prescriptions
issued for between 14 and 21 days; and that is missing one pharmacy. It is safe to estimate 90% of those
were for tick -borne disease as opposed to other infections. The inter should work with Dr. Lepore's
tick -borne disease clinic to include the number from his office.
Letter of support of Barnstable County the de Facto test for area for septic systems approved for alternate
design in the state of Massachusetts — A recent find is the number of systems that claimed to refresh or
rehabilitate a failed system over a short period of time. This is an excellent approach for failed systems in
areas where sewer lines are contemplated over the next 3 to 5 year. These devices are portable and pump
air into a leech facility; that absorbs and destroys bio- matter through oxygenation. They are not approved
in the state of Massachusetts yet; the state wanted to see testing done first. There is no funding, so
Barnstable County is going to the State Department of Environmental Protection and Department of
Public Health to request funding. The letter is in support of the program in anticipation that Nantucket
will be a beneficiary of the system. Roggeveen said she has no problem with sending the letter; but
suggested a need to coordinate discussions about septic systems with Kara Buzanoski at DPW and sewer
to ensure the three are on the same page when talking about possible changes and decisions. It would be
Page 4 of 5
Proposed Minutes for March 28, 2013
nice to more about the system. Ray stated the test site is at Otis Air Force Base over the summer and
would be a help to individuals with failed systems where no determination as to the direction to take has
been made. This will help prevent a property owner from installing a completely new system while
decisions on Town sewers are being made.
1. Roggeveen — Stated that at the Annual Town Meeting (ATM), Ms Damon intends to call her article Tor
funds for tick -borne disease; that it would not harm BOH in practice of what it is doing. Stated the belief
that it is bad precedent for a citizen article to come forward to tell a standing board a budget and/or a
direction; Finance Committee (FinCom) voted not to approve the article. Hoping that a BOH member
will stand up to present the rationale for supporting the FinCom motion citing the deer study and the
pharmacy, report. The good news is BOH ended up benefitting itself because sewer and fertilizer will be
covered and the $25,000 can be allocated for any other issue. Suggested after ATM voting on a budget
for the tick -bome disease research. Stated the opinion that it would be more appropriate for Dr. MacNab
to be the voice for BOH to avoid the issue from becoming politicized. The money set aside for BOH was
earmarked for septic and fertilizer; she was assured that BOH would receive $25,000 for health related
matters. Dr. MacNab accepted to be the BOH voice at ATM.
2. Wells — Would like to discuss future plans and what BOB foresees its self doing for the summer at the
next meeting. Last year talked about symposium with hospital, putting article in the newspaper; would
like to get those moving forward.
3. Roggeveen — At the Mass Municipal Association Conference, stated she a couple of folks from the State
who are involved with Boards of Health across the State, and think it would be advantageous, as this
board is new, to have them come here to talk about what focus the BOH should have in respect to issues
beyond disease and public health.
4. Ray — Suggested that the meeting/workshop with the BOS to discuss the waste regulation be its own
meeting. Consensus of board agrees. Discussion about where data on waste hauling can be obtained and
what generated the idea for regulations.
5. Next meeting Thursday, April 25, 2013.
to Adjourn: 4:47 p.m.
Submitted by
Tent' L. Norton
Page 5 of 5
TOWN OF NANTUCKET BOARD OF HEALTH REGULATIONS
76.00 — SOLID WASTE HAULERS REGULATIONS
DRAFT
Purpose
The within regulations are enacted so as to establish a procedure for the
orderly administration of the collection of solid waste in the Town of
Nantucket.
Authority
These regulations are adopted pursuant to the authority granted to local
Boards of Health under Massachusetts General Laws, Chapter 111, sections
31A and 31B.
76.01: Waste hauler permits
a. No person shall remove or transport garbage, offal, or other
offensive substances, including recyclables and construction
and demolition debris ( "C &D ") (hereinafter collectively referred
to as "Solid Waste "), collected through the streets of the Town
without first obtaining a permit from the Board of Health.
b. For purposes of this Regulation, the term "person" shall mean -
any natural person, firm, corporation, partnership or entity
engaged in the business of solid waste collection or who is hired
to transport solid waste for a fee, except that the Town's
Department of Public Works and /or its authorized agents may
remove and transport garbage, offal or other offensive
substance without a permit.
c. Waste Hauling Permits shall be effective beginning on January
first in the year of issue, and shall expire, unless previously
revoked, on December thirty -first in the year of issue.
d. No Waste Hauling permit maybe transferred without the prior
expressed written approval of the Board of Health.
76.02: Waste Hauling permit Applications
a. All Waste Hauling Permit applications shall be submitted on a
form provided by the Board of Health and shall be signed on
oath under the pains and penalties of perjury.
b. Waste Hauling permits may be renewed annually on
application. Renewal applications shall be submitted to the
Board of Health no later than November first of the year
proceeding the year for which renewal is sought.
c. Any application for a Waste Hauling Permit, or for renewal of a
Waste Hauling Permit shall be accompanied by the following:
1. a fee in the amount of one hundred dollars ($100.00));
2. the certificate of insurance required under Section 5 of
this Regulation;
3. a complete description of the anticipated point of
transfer, processing, and /or disposal location of the solid
waste collected and the means of transportation;
4. an estimate of solid waste tonnage to be hauled during
the year; and
5. a complete description of all trucks to be used, including
registration information
d. Any incomplete application for a Waste Hauling Permit, or for
renewal of a Waste Hauling Permit will be rejected.
76.03 Requirements
a. Each vehicle collecting Solid Waste shall carry a copy of the
Permit at all times.
b. All Waste Hauling Permit holders shall agree to abide by all
rules and regulations set forth by the Board of Health, and shall
abide by all other local, state and federal laws and regulations,
including Massachusetts Solid Waste Ban (310 CMR 19.017).
c. Each applicant shall furnish to the Board of Health, certificates
from an insurance company licensed to do business in the
Commonwealth of Massachusetts showing the applicant carries
Public Liability Insurance in an amount not less than
one million dollars ($1,000,000) for the injury or death of
one or more persons, and one million dollars ($1,000,000)) for
damage of property. Certificated of Insurance shall be furnished
each year upon renewal of permit. The applicant shall notify the
Board of Health at least 30 days prior to any cancellation or
alteration in insurance policies.
d. Vehicles shall have current state inspection stickers and be in
safe and clean condition.
e. Each driver of a vehicle employed by a hauler shall have a
valid and appropriate driver's license. A copy of the license for
each driver shall be submitted by the hauler to the Board of
Health.
f. Each vehicle employed by the hauler shall prominently display
the name and phone number of the hauler.
g. Each vehicle employed by the hauler shall be impervious to the
weather and fitted with waterproof tops, sides and bottoms.
h. All vehicles used to transport and collect Solid Waste within the
Town of Nantucket shall be subject to inspection by the Board of
Health or its authorized agent on or about May first and October
first each year.
L Hazardous Materials shall not be collected. For purposes of this
Regulation, the term "Hazardous Materials" shall mean any waste
or material, in any amount, which is defined, characterized or
regulated as hazardous by or pursuant to 310 CMR 30.000 and
other federal or state laws.
j. All Solid Waste collected shall be taken to a transfer, processing
and /or disposal facility licensed, permitted or approved by all
government bodies and agencies having jurisdiction.
76.04 Reporting and inspections
a. Every Waste Hauling Permit holder shall submit to the Board of
Health Quarterly Reports, on April 15, July 15, October 15 and
January 15 for each calendar year. Said Quarterly reports shall
include the following information for the previous quarter:
1. A description of the actual point of transfer, processing
and /or disposal location of the solid waste collected, and
the means of transportation.
2. The total tonnage of solid waste collected; and
3. A breakdown of the total tonnage of each type of Solid
Waste collected, broken down according to residential,
commercial, C &D and recyclables.
76.05 Enforcement
a. The Board of Health may suspend or revoke any permit issued
pursuant to these Regulations for any violation of these
Regulations, or any other applicable General Law, Regulation or
by -law. Such revocation or suspension may take place after a
hearing held by the Board of Health of which the permit holder
is given seven (7) days written notice. Such notice shall be
deemed given upon mailing same, certified mail, return receipt
requested, to the address listed on the permit application.
b. This Regulation may be enforced by any Town police officer or
agents of the Town's Board of Health. Whoever violated any
provision of this Regulation may be penalized by a non criminal
disposition process as provided in G.L. c.40 subsection 21D and
the Town's non - criminal disposition by -law. If noncriminal
disposition is elected then any person who violates any
provision of this by0law shall be subject to a penalty in the
amount of three hundred dollars ($300.00) per day for each day
of violation, commencing ten days following day of receipt of
written notice from the Board of Health. Each day or portion
thereof shall constitute a separate offense. If more than one,
each condition violated shall constitute a separate offense.
c. Whoever violates any provision of this Regulation may be
penalized by indictment or on complaint brought in the district
court. Except as may be otherwise provided by law and as the
district court may see fit to impose, the maximum penalty for
each violation or offense shall be one thousand dollars
($1,000.00). Each day or portion thereof shall constitute a
separate offense.
d. The Board of Health may enforce these Regulations or enjoin
violations thereof through any lawful process, and the election of
one remedy by the Board of Health shall not preclude
enforcement through any other lawful means.
Richard Ray
From: George Aronson[garonson @crmcx.com]
Sent: Tuesday, April 16, 20131:16 PM
TO: Richard Ray; Libby Gibson; Gregg Tivnan; Kara Buzanoski
Subject: Re: question concerning landfill -from Health Dept.
Attachments: Mashpee permig1).pdt, Mashpee Regulations.docx
Richard I have not been personally involved in specific discussions with the Board of Selectmen about licensing waste
haulers in the past few weeks. I have, however been involved extensively in discussions about management of C &D
waste on the island, as well as with the discussion of the solid waste management system in general. So what follows is
based on my sense of what the Selectmen might be seeking based on past work, rather than on recent direct contact or
discussions.
There is substantial concern regarding the management of C &D waste through outlets other than the Waste Options
transfer station at the landfill. At present, the Waste Options C&D operation provides margins that support all of the
other ongoing operations at the landfill, including waste recycling, waste composting, site clean -up and closure of the
inactive landfill cells. Every ton of C&D waste diverted elsewhere reduces that support. Ultimately, such diversion will
require the Town to
raise money to replace the support that previously was provided through the C &D operation.
Also, at least one selectman has raised concerns that the tipping fees charged at the landfill for bulky items and hard -to-
manage waste (e.g.,mattresses, furniture, CRTs) provide an incentive for residents to dump trash illegally on the moors
rather than pay for proper disposal.
In this context, the Town might consider hauling licensing for the following reasons:
1. To raise additional revenue to support the waste management operations at the Landfill or to enable the Town to
reduce or eliminate tip fees on hard -to- manage wastes, thereby reducing incentives for illegal dumping. Revenue
would be raised through new fees for hauler licensing fees.
2. To preclude C &D waste from being managed at un- permitted sites. At present, there are anecdotal accusations that
an island -based contractor is shipping C &D waste to the mainland, thereby bypassing the Waste Options operations and
reducing the financial support for other activities at the landfill. It has also been alleged that such contractor is
combining C&D wastes from multiuple sites into containers, dumping C&D waste on the ground as part of its handling
activities, and otherwise engaging in activities that violate state regulations for solid waste management at 310 CMR
16.000 (site assignment of solid waste facilities) and 310 CMR 19.000 (solid waste facility permitting). A licensing
program would provide a direct basis for Town enforcement activity against such violators by allowing the Board of
Health to revoke the license of any haulers that is found to have engaged in such violations.
3. Some jurisdictions (e.g., Mashpee) have used the licensing process as a way of causing haulers to deliver wastes to
certain disposal sites with the Town —that is, delivery to a certain point of disposal is a condition of the license, and use
of another disposal method is grounds for revoking the license. This approach, called "flow control", has always been
controversial, and the Nantucket Board of Selectmen have not supported it in the past, nor have I seen any recent `-
indications of a change on this issue (and there are two new Selectmen whose positions I do not know). Nonetheless, a
licensing process is needed before flow control can be imposed, so perhaps there is renewed interest in exploring flow
control as a way of directing C &D waste to the Waste Options operation or otherwise.
Feel free to call with questions
George
Nantucket Deer Survey
Executive Summary
March 25, 2013
Dr. Thomas L. Millette
Director, GeoProcessing Laboratory
Professor, Dept. of Geology and Geography
Mount Holyoke College, South Hadley, MA
(413) 538 -2813 — tmillett@mtholyoke.edu
recorded with discontinuous snow cover, and a variety of sky illumination
conditions ranging from moderate overcast to broken sunshine.
Imagery Analysis
Image analysis was done with visual interpretation by the lead author.
The analysis process involved scrolling through thermal images along each flight
line looking for heat signatures. When candidate signatures were detected, the
color photo center shapefile in the GIS was used to open the corresponding high
resolution color photo which was then used to identify the actual source of heat.
The distribution of deer observations across the Island illustrated in Fig. 2
indicate that they are spatially well- dispersed and show little evidence of spatial
clustering. Examples of a portion of a thermal and corresponding color photo for
a typical heat signature are in Fig. 3. Note that the radiometric resolution of the
thermal image clearly indicates 6 hot targets, but that the spatial resolution is not
adequate to identify the particular feature emitting the heat. Looking at the
corresponding color image, it becomes obvious that the heat sources are deer.
Images verified to contain deer had the thermal imagery attribute table in the GIS
database updated to reflect the number of individuals at each observation
location. In locations where heat signatures were conspicuous, but the color
image was obscured due to vegetation, the observation was attributed as
"unidentified" in the GIS attribute table. Although attributed as unidentified, in
most cases it is reasonable to assume that these obscured signatures are in fact
deer given the strength of their emittance and the lack of any plausible
explanation for the thermal return. Having the census animal locations included
in the GIS database offers the potential for ecological assessments of deer
population and habitat characteristics such as forest cover, vegetation
community and land use.
Density Calculations
Density calculations for Nantucket deer population were done by a three step
process that included identifying deer in the aerial imagery, estimating the
potential number of deer that were hidden by conifer canopy, and by estimating
errors of omission and commission in the imagery analysis.
Imagery analysis for the 23% sample of the Island covered by the flight identified
a total of 416 deer with an additional 69 heat signatures being attributed as
unidentif ied due to vegetation obstruction or image quality in the color photos.
Since there is not much closed conifer canopy on Nantucket and because deer
were identified •within the open conifer stands, we used a locally developed site -
correction factor that doubles the number of deer in conifer stands based on the
number observed (Kilpatrick et al. 2001). The number of deer added to surrey
based on this correction factor was 22.
0
Fig.1 Survey Block Numbering Scheme
Survey Block -
Total Deer
Total Unidentified
01
18
11
02
17
4
03
30
4
04
15
5
05
7
1
06
15
10
07
51
9
08
55
2
09
58
6
10
55
2
11
15
2
12
27
3
13
19 •-
1
14
7
2
15
11
2
16
9
0
Total
418
69
Table 1 - Deer Counts by Survey Block
Fig. 3 Typical Example of FUR and Matching Color Image from Survey
Bibliography
Millette, T.L., D. Slaymaker, E. Marcano, C. Alexander and L. Richardson. 2011.
Aims - Thermal a thermal and high - resolution color camera system integrated with GIS for
aerial moose and deer census in northeastern Vermont. Aloes. 47:27 -37.
Kilpatrick, H., S. Spohr, and K. Lima. 2001.Effects of population reduction on
home ranges of female white- tailed deer at high densities. Can. J. Zool. 79:949-
954.
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