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HomeMy WebLinkAbout2013-3-28 (2) Minutes for March 28,2013,adopted April 25 J 441taucirF�,N ;�� .+17\,' BOARD OF HEALTH ~' - -. Town of Nantucket -- `�� 2 Fairgrounds Road 9,opAAt�O Nantucket, Massachusetts 02554 y www.nantucket-ma.gov c. g Commissioners: Patricia Roggeveen(Chair)Malcolm MacNab,MD,PHD,(Vice chair),James Cooper,Helene 41,Rl tephhVisco Staff: Richard Ray,Artell Crowley —4 '-.'MINUTES o -fl r Thursday, March 28, 2013 o 4 Fairgrounds Road, First-floor Conference Room-4:00 pm c, °° Called to order at 4:00 p.m. rn N Staff in attendance: Richard Ray, Health Director; Art Crowley, Assistant Health Officer;'ff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker Attending Members: Patricia Roggeveen; Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Stephen Visco Absent Members: None Public: Rick Atherton, Board of Selectmen Agenda adopted by unanimous consent I. PUBLIC COMMENTS-ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS TIME 1. None II. APPROVAL OF MINUTES 1. February 21, 2013 -adopted by unanimous consent. IIPage 1of5 Minutes for Mach 28,2013,adopted April 25 III. PUBLIC HEARINGS—open xt 4:02 p.m. 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 be 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 Burns, BE Burns 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 Minutes for March 28,2013,adopted April 25 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 Hearin! closed at 4:20 p.m. IV. UPDATE— FERTILIZER 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 Best Management Practices to all the landscapers. Put out advertisements for summer water quality person, a six-month position. Discussion MacNab—Pointed out that Community Sailing has $5,000 for education and material. Action None Vote N/A Page 3 of 5 Minutes for March 28,2013, adopted April 25 V. SEPTIC BETTERMENT AGREEMENTS APPROVALS 1. 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 VI. VARIANCE REQUESTS 1. 20 North Cambridge Street—Tight Tank Replacement Sitting Roggeveen, MacNab, Cooper, Weld Recused Visco Documentation Supporting documents and plans, staff recommendations. Representing Paul Santos,Nantucket Surveyors Public None Discussion 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 VII. DIRECTOR'S REPORT 1. 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. 2. Update on Summer Intern 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 intern meet with the chair 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 intern should work with Dr. Lepore's tick-borne disease clinic to include the number from his office. 3. 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 Minutes for March 28,2013,adopted April 25 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. VI. CONCERNS FROM THE BOARD 1. Roggeveen— Stated that at the Annual Town Meeting(ATM), Ms Dunton intends to call her article for 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-borne 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 BOH 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. VIII. ADJOURNMENT Motion to Adjourn: 4:47 p.m. Submitted by Terry L.Norton Page 5 of 5