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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. a Ron 511111111111111 510111 511111111000:00 NOWN ON No 011111111111111 : MEN