HomeMy WebLinkAbout2013-3-28 (2) Minutes for March 28,2013,adopted April 25
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www.nantucket-ma.gov
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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.
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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.
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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
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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
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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
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