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Home My WebLink About2013-11-21r ;r Commissioners: Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice chair), Helene Weld, RN, St phen ro o, Rick Atherton Staff: Richard Ray, Artell Crowley — MINUTES �.. Thursday, November 21, 2013 4 Fairgrounds Road, Community Room – 4:00 pm Called to order at 4:00 p.m. Staff in attendance: Richard Ray, Health Director; Terry Norton, Minutes Taker Attending Members: Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Stephen Visco; Rick Atherton, Board of Selectmen Absent Members: None Early Departure: MacNab 5:22 p.m. Agenda adopted by unanimous consent Carol Dunton – Asked if the statistics from the Summer study on tick -borne disease had been released. Dr MacNab said they were presented at the August or September BOH meeting but he would send her the numbers. Gave a rough review of the numbers. Mr. Ray announced Board of Selectmen (BOS) approved the Community Innovation Challenge grant. Dr. MacNab explained that is a research project which is a continuation of the 4- poster study funded by EPA. Also said there is a fourth disease has been reported that is related to Lyme disease for which there is no specific test available. 1. October 17. 2013 – Approved by unanimous consent. Minutes for November 21, 2013, adopted Dec. 19 UPDATE Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Would like to see the retailers do an advertising campaign that pushes the new products. BOARD OF HEALTH Jeff Carlson, Natural Resources – Have been able to make headway in fertilizers that will be sold on the island; companies have developed blends that completely conform to the BMP and Town of Nantucket ry rn course established after the first of the new year. The Department of Public Works (DPW) is 2 Fairgrounds Road changing their fertilizer program and application to be compliant with the BMP. n liA��\�1.. Nantucket, Massachusetts 02554 friendly packet that explains the new regulations. Explained the concept for the educational program. www.nantucket- ma.g�ov 3 0 r ;r Commissioners: Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice chair), Helene Weld, RN, St phen ro o, Rick Atherton Staff: Richard Ray, Artell Crowley — MINUTES �.. Thursday, November 21, 2013 4 Fairgrounds Road, Community Room – 4:00 pm Called to order at 4:00 p.m. Staff in attendance: Richard Ray, Health Director; Terry Norton, Minutes Taker Attending Members: Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Stephen Visco; Rick Atherton, Board of Selectmen Absent Members: None Early Departure: MacNab 5:22 p.m. Agenda adopted by unanimous consent Carol Dunton – Asked if the statistics from the Summer study on tick -borne disease had been released. Dr MacNab said they were presented at the August or September BOH meeting but he would send her the numbers. Gave a rough review of the numbers. Mr. Ray announced Board of Selectmen (BOS) approved the Community Innovation Challenge grant. Dr. MacNab explained that is a research project which is a continuation of the 4- poster study funded by EPA. Also said there is a fourth disease has been reported that is related to Lyme disease for which there is no specific test available. 1. October 17. 2013 – Approved by unanimous consent. FERTILIZER UPDATE Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Would like to see the retailers do an advertising campaign that pushes the new products. Representative Jeff Carlson, Natural Resources – Have been able to make headway in fertilizers that will be sold on the island; companies have developed blends that completely conform to the BMP and will be available in storm this Spring. Working with U Mass Extension Agency to develop the course materials to be used to educate landscapers and gardeners. Still on pace to get the first course established after the first of the new year. The Department of Public Works (DPW) is changing their fertilizer program and application to be compliant with the BMP. The local retailers do want to do an advertising campaign. His office has been doing a bi- weekly radio spot in which fertilizer use has been discussed and plans to put together a user - friendly packet that explains the new regulations. Explained the concept for the educational program. Page 1 of 4 Minutes for November 21, 2013, adopted Dec. 19 Discussion Cooper — Asked if all the retailers have agreed to sell the new products. Carlson — Yes. Said that Scotts® has created a blend that will also be available at the start of the growing season; expressed pleasure at such a noted wholesaler being on board. Weld — Suggested Natural Resources do an article in the paper as well. MacNab — Asked when sales start. Carlson — Sales will start late February to early March. The articles and advertising should start in February. Looking to push the ads into July and August when the homeowners arrive to help them understand what is happening and that there are alternatives that are responsible. Cooper — Asked if the companies will put out mailers that the landscapers can send to their clients. Carlson — Scott already has a tri -fold pamphlet that landscapers can send out. 1 1.• 1 1 I 1 Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Sample: Regulations Restricting the Sale of Tobacco Products and Nicotine Delivery Products. Staff Introduced Bob Collett and DJ Wilson Representative Robert Collett, Regional Director Tobacco Control Program — Reviewed the sample regulations. Many towns on the cape have adopted versions of the sample regulations. Only one pharmacy on Nantucket carries tobacco. DJ Wilson, Control Director Massachusetts Municipal Association — Reviewed the Municipal Tobacco Control Technical Assistance Program which addresses the advent of E- Cigarettes. They are flavored and look cool so the concern is they are enticing to children; as regulators try to de- normalize tobacco use, the manufacture is trying to normalize nicotine use. 92 cities and towns have banned usage of E- Cigarettes. The Trade association that manufactures E- Cigarettes agrees these should not be sold to children. The regulations support that effort. The regulations would ban selling tobacco in any health -care location. Explained how the regulations do not touch premium cigars; only cheap cigars, which are attractive to children by setting a rate despite the advertised cost. Addressed raising the minimum age to purchase tobacco items to 21 years old. Discussion Cooper — Asked about penalties for under -aged users. Collett — It is imposed on the retail: 100 for the 1st offense, 200 for the 2nd and 300 for the 3rd plus chance of losing retail license. There is no law that prohibits possession of tobacco by under -aged people. Wilson — The average fee for a permit is around $150. Discussion about the enforcement of the regulations with retailers. Collett — Suggested amending the regulations to prohibit use of E- Cigarettes in areas where Tobacco is prohibited. There has been no push back on the regulations from retailers. MacNab — Asked about the under -aged smoking trend. Wilson — It holding at about 16 percent; but use of E- Cigarettes has doubled. Collett — The use of cheap cigars is also on the rise among youth. Wilson — Periodic compliance checks are important in enforcement. MacNab — It seems the board is ready to proceed with instituting the regulations. Suggest the board look at the regulations and check list then discuss what should be added or deleted and ask Mr. Wilson to create the draft. Once the first draft is in hand, they will schedule a public hearing. Atherton — Suggested Mr. Wilson go ahead with a draft. Wilson — Stated he will have it back by next week. Page 2 of 4 Minutes for November 21, 2013, adopted Dec. 19 Proposed amendments to mandatory sewer connection fees — will go to BOS prior to BOH action Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. PowerPoint presentation on the tracking system. Staff Reviewed past references to this tracking program and introduced Mr. Baumgaertel. Representative Brian Baumgaertel, Environmental Project Assistant Barnstable County — Reviewed the tracking program. Since the tracking started, there has been an improvement in the nitrogen numbers. The operators /contractors pay the fee; there is no cost to the Town or BOH. The contractor would pass that cost on to the customer. The system at this time is not capable of differentiating between systems used for seasonal and year - round. Though sometimes water meters are installed on the system to help determine whether or not it actually is a seasonal system. Discussion Discussion about the testing protocols and how and where the contractor takes the samples. MacNab — Asked how the data is validated to prevent manipulation. Baumgaertel — That is an issue that he's working on. Discussion about the use of the term "median" over "average." Ray — Presently there is no way to track whether or not contracts have been renewed. This would require a public hearing and publication of the proposed regulations. Would like the public hearing scheduled for December or January. Septic Wastewater Flow regulations within Hummock Pond Watershed Protection District Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Local Regulation 56.00 Staff When municipal water ran to Madaket, people would have been allowed to build as many bedrooms as they wished; but bedrooms affect effluent flow; ergo the regulation was implemented that states only one bedroom for every 10,000 square feet. This is the same as the Madaket regulations for the Hummock Pond watershed area. Municipal water will be running out there very soon. Do not have the estuary report for Hummock Pond yet; but it is apparent fertilizer is not an issue out there. Representative None Discussion Consensus it is a good idea and Mr. Ray should move forward with it. Sitting Cooper (acting chair), Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff No comments Representative Weld — The Rotary Club sponsored it and it was well attended. Discussion Atherton — Attended and thought it was helpful but isn't sure about the productivity. Believes the school programs are working well. Weld — Stated they did determine a lot of oral- health issues are cultural, educational or language based. The school is reaching out to parents. The Rotary is determined to pursue this and is partnering with Nantucket Cottage Hospital. Page 3 of 4 Minutes for November 21, 2013, adopted Dec. 19 DIRECTORS / • 1. Flu Clinic — Very successful, administered about 200 flu shots; more importantly, the Flu clinic set up was documented and meets one of the deliverables for the CDC Grant associated with the Cape and Island's Health Officers Consortium. 2. Waste Haulers Regulations — In the process of putting together an application form for the waste haulers. That will be presented to the BOH at the next meeting. The hope is to get them all licensed and registered by January 1, 2014. The first reporting cycle is March or April. 3. Deer reduction regulations from Block Island, Rhode Island — This is a for - your - information packet only on how Rhode Island is doing this. Rhode Island did it through their Department of Environmental Management (DEM), which would be a problem for Nantucket. Massachusetts doesn't have a particularly active DEM; the BOH would probably have to approach the Department of Wildlife and Fisheries. CONCERNS 1 :1•'1 1. Atherton — Said someone inquired about whether or not the BOH could put a Title 5 restriction on any lot that wanted to enter the sewer system in Hummock Pond area. Mr. Ray suggested that would be difficult on a lot -by -lot basis; it could become discretionary. Would have to look at the expansion of the sewer districts where it would be a viable approach. Motion to Adjourn: 5:30 p.m. Submitted by: Terry L. Norton Page 4 of 4