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HomeMy WebLinkAbout2013-12-19Minutes for December 19, 2013, adopted Jan. 16, 2014 pNluLk�Cr BOARD OF HEALTH Town of Nantucket f 2 Fairgrounds Road y a9pORAI Nantucket, Massachusetts 02554 c www nantucket- ma.gov Commissioners: Malcolm MacNab, MD, PHD (chair), James Cooper (Vice Crowle), Helene Weld, RN, Stephen: Visco;Rick �rton MINUTES Thursday, December 19, 2013 -� 4 Fairgrounds Road, Community Room — 4:00 pm Called to order at 4:00 p.m. Staff in attendance: Richard Ray, Health Director; K Bradford, PLUS Administrative Specialist/Interim Minute Taker Attending Members: Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Stephen Visco; Rick Atherton, Board of Selectmen Absent Members: None Agenda adopted by unanimous consent 1. None 1. November 21, 2013 — Motion to Approve. (made by: MacNab) Carried unanimously 1. Review Regulations Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Ray — Presents a sample regulation restricting the sale of tobacco for the Town of Nantucket, as sent from Counsel. Comments there is no survey data for the Town of Nantucket so the first four (4) sentences of the sample regulation are mute. States the footnotes at the bottom of the page do not need to be incorporated into the regulation. Confirms that he simply has to renumber them and format them to our local regulations. States section I la, would regulate the maximum number of tobacco and nicotine delivery product sales permits issued on Nantucket. States that section F 1 and F2, says you can only sell cigars in packages of four (4) or more. States that the younger kids that are buying the single flavored cigars don't want to spend a lot of money, and if they are sold in larger quantities the kids won't spend that kind of money on them. Confirms that this is applicable to under 18 year old individuals. States section M prohibits pharmacies from selling cigarettes. Confirms that some pharmacies on island do sell cigarettes. Comments that in section O (Violations), he would like to go to 24 months vs. 36 months, as he feels that is too long. Confirms that he will prepare the document in a regulatory format with Board approvals, and that a public meeting will need to be held to rescind the old regulations, adopt the new regulations, or just to discuss. Comments that these regulations are directed mostly towards age control on these products, and not an attempt to ban certain products. Page 1 of 7 Minutes for December 19, 2013, adopted Jan. 16, 2014 Discussion Cooper — States his first concern, is that none of this is tobacco, and questions how they can come under the tobacco law. Atherton — Confirms that it falls under the nicotine delivery product title. MacNab — Questions how you could decide who gets the permits and how it could be done fairly. Doesn't feel it could be done fairly. Cooper — States that if the 18 year old thing is attached to this, he has to vote no. Doesn't feel we can take 18 year old kids, let them join the military, let them go to Afghanistan, let them get killed — and tell them they can't smoke a cigarette. Confirms that it is not part of the regulation to raise the age to 21, and confirms he is okay to move forward in discussion. Atherton — Comments that he doesn't know how cigars come — single, 4 packs or 26 packs — and feels it might be best if they just stay out of it. MacNab — Confirms that he agrees with Atherton and that the language in F 1 and F2 should not be included in the regulation. Atherton - Confirms that section M, regarding pharmacy sales of tobacco products would only affect one (1) pharmacy on island. MacNab — States that if someone wants to sell, they should be able to sell. Atherton — Comments it is easier to omit this section (M), to be frank. And states furthermore, that it is a battle they don't need to create. MacNab — Comments he would like to get this off the list and would prefer to hold the public meeting before the end of February. Atherton — Confirms that the existing regulation only covers cigarettes. Further confirms that the new regulation will cover everything (cigarettes, nicotine delivery products, blunts, wrapping machines, etc.) Cooper — Presents samples of nicotine delivery products and displays that there is language on the products that they will not be sold to minors. Public Bobby DeCosta — Commented as a person who was not a smoker, but a former tobacco chewer, sometimes you need something (a device like the nicotine delivery systems) to get you through the `hump'. Feels that if someone is using a device next to him and it is not invading his space, he's not inhaling their fumes, and it helps them quit smoking it is fine with him. Action Board agrees to hold the public meeting in February. Vote Carried unanimously 1. Bobby DeCosta — Request to extend Deer Hunting Season Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Page 2 of 7 Minutes for December 19, 2013, adopted Jan. 16, 2014 Staff Ray — Comments the last February hunt, over 300 deer were killed, and 800 deer killed for the overall season. Comments that every Board has to make a decision that is unpopular. Feels the human cry associated with allowing a Sunday hunt would be so overwhelming from the Public from those who wish to enjoy Sundays without worrying about being shot, that it would be very difficult to allow this. Doesn't feel the Town should be responsible for all of the deer mitigation. Feels if the Hunters Association could assemble themselves to contact private property owners to gain permission to enter their property, we would go a long way in opening up private properties. Commented three (3) years ago they tried to do this, and it failed because of the third party: the Hunter. Comments that if the hunter could organize with a property owner, they could spend forty-five (45) minutes after work and go over to the private property and shoot a deer. Further comments that he has a dog with a big white fluffy tail that he likes to go out with on Sundays and let run around — and doesn't want to have to worry about him getting shot. Comments that he approached the Department of Public Health Food Division concerning the disbursing of deer meet and was soundly thrashed in a sense that this will never be allowed in a retail environment or voluntary contribution because the deer are not raised in a farming environment. They are very concerned about what the deer have in their meat that may affect people. Feels that this issue needs to fall in the hands of the Hunting Association and that it is not a Town problem. Comments that if the Board made a Motion in favor of the Sunday bow -hunt, the Board would have to go before the Wildlife Association, state their case, and the Wildlife Board will make a decision. The problem being, the Board only meets twice a year, and any decision made in 2014 would not become effective until 2015. Comments he would endeavor to have the Wildlife Association to meet on Nantucket regarding this issue. Representative Bobby DeCosta — Comments on the reason we have a deer problem on island and that the deer hunting season for bow hunters should be extended. Presents a map of the island to the Board and circles areas which are non - hunting areas (over 3/4 of the island). Comments if you did an aerial review of the island, you wouldn't find more than two (2) deer in the hunting areas. The deer move to he areas where hunting is not allowed. The deer don't mind people and will move into congested areas where hunting is not allowed. Comments that the local hunters are driven to move the deer out of the way. Feels that we need to go to the State and push for Sunday hunting in both bow- hunting, shotgun and musket season. Comments that most local hunters work full -time and cannot hunt during the week due to work schedules and sun -light availability. Feels February hunt will not get deer out of the congested areas. Comments that he has shot seven (7) deer out of peoples back yard with a bow, who have requested he come to their property. Feels we need a program which allows hunters to enter private properties. Feels he numbers are skewed as not all deer killed get tagged. Feels if hunters could hunt eight y8give more days a season, we would see a change in the numbers. Comments that on Block Island, tags to land owners to dole out to local hunters or whomever they choose, and that they shoot those deer all year long. Comments that the hunters are all working people and don't have time to organize private property hunt situations. Feels that the Hunters Association has more land appointed to them from the Conservation Committee than they can hunt on. Comments that he believes there are 250 -350 bow hunters ant nt have islanders who think the deer are hem killed. Comments he would also like to h match people o kill the deer to people e and don't w t who want the deer meat. Public Arthur Gasborro — Comments that he is a hunter, but is not a member of the Hunter's Association, and would like to speak whole - heartedly in favor of the Sunday hunt. States he falls in the category of a full -time worker that cannot hunt during the week. Feels the Sunday hunt — exclusive to bow- hunting throughout the whole season - would be productive (mid- October through the end of December). Thinks the benefit to be realized is significant. Feels that natural resources positions of the Town are under - sourced, and that there should the Boards make ahmotion/vote tolgo tote Sta ea something and get the ball that could move forward rolling. Page 3of7 Minutes for December 19, 2013, adopted Jan. 16, 2014 Discussion Cooper — Comments he lives in Tom Nevers East and the problems are is that the properties are small and 75 -80% of the property owners are summer people. Comments further that it is a stretch to ask those people, who are not here for nine (9) months, to allow hunters onto their property to kill deer. Comments he has six (6) deer that sleep in his back yard every single night. MacNab — Comments that he agrees with Bobby about the fact that a bow hunter is paying more attention to the hunt rather than a shooter that just shoots at a flash of white through the trees. Cooper — Comments that he is on the Board of Directors for Tom Nevers East, and questions if Mr. DeCosta would like to put a letter out to homeowners about matching them up with sensible hunters. Weld - Questions as to needing one (1) person to organize the coordination of hunting on private property. Comments about the Tick -borne disease Committee meeting four (4) years ago and a fellow down in a small town on Long Island who was appointed by the Mayor of the Town and given a salary, to organize the hunters to make sure they were up on their safety precautions and that they were verified. The message was, `no dragging carcasses through the Town at Noon, it has to be quiet, it has to be matched up with owners, and if you hit a deer at dusk and can't find it you must call him (Environmental Police Officer) and he will put his uniform on and come down to retrieve the deer.' Feels if it's one person to organize it and they are on salary, that this is the way to go, as the hunters all have day jobs. MacNab - Comments that he talked to the hunting association a while ago and that they agree with it but don't know how to do it. Comments that in other towns their Police Chief does the regulating - He spoke with the Nantucket Police Chief a couple years ago and he didn't seem enthusiastic and got into liability issues. Agrees with Helene that it needs to be one (1) person to do it. Atherton — Questions how many hunters we could corral. MacNab — Comments that he is comfortable listening to the screams of people who like the deer around, as this has become a serious problem with over 420 cases of tick -borne diseases since last year. Cooper — Comments that after all the years the deer meat when to feed the people in the Island Home (now deer meat cannot be voluntarily dispersed) Weld — Comments about all the States that allow distribution of deer meat. MacNab — Feels that the Board should approach the State about Sunday Archery only hunt. Comments this is the first year we have had an accurate count. Comments that over 400 cases of tick - borne disease in one county is unacceptable — which may still be an undercount. Disagrees that this isn't a Town problem, and that the Hunter's Association is a non - profit volunteer association, but this is a Town issue with the ticks. The numbers show that it is a steady issue. Cooper — Questions how it would work if the Board made a Motion to go to the State about Sunday bow- hunting. Atherton — Confirms that in any case, the idea is to just get started. MacNab — Proposes that he would like someone to make a Motion to proceed with asking the State about having deer bow - hunting on Sundays. Proposes that James Cooper also contact his association about creating a `match - program' with the hunters. Lastly, proposes going to the Board of Selectmen about appropriating funds for a part-time coordinator to regulate the Match - program. Cooper — Questions how the Match - program would work and what he will be putting in the letter. MacNab — Comments that the Tom Nevers match - program cannot move forward with letter writing etc., until there is someone to coordinate it. Action Motion to proceed with a asking the State about allowing deer bow - hunting on Sundays for the whole hunting season. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously Page 4 of 7 Minutes for December 19, 2013, adopted Jan. 16, 2014 1. Review regulations 2. Set a hearing date 1. Set a hearing date for adoption of participation document Sitting MacNab, Cooper, Weld, Visco, Atherton Recused Documentation None Supporting documents and plans, staff recommendations. Ray — Presents Draft of Local Regulation 65.00 — Innovative /Alternative Sewage Treatment Staff Technologies Tracking Program authorization. Comments that this is nothing more than a program septic system. There was no mechanism to make sure that mandate stay in place, if municipal water that tracks alternative design septic systems and the results of the chemistries of those that are tested. ran to the property. The concern in Madaket — known from the estuaries report — affluent is the Informs the Board that they can choose to institute registration for all onsite systems or just alternative primary causative agent for nutrient loading of Madaket Harbor. If the Board were to allow town water design septic systems. Suggests that at this time the Board only adopts the registration of alternative to go out there, and remove the restriction of the number of bedrooms on the property, you would see design septic systems and that septic systems are not tested with any chemistries and are considered 6 -8 bedrooms on lots going up, furthering nutrient loading into the Harbor. Comments the way to is 56.02 -C, making any property on municipal water non - exempt from this code compliant. Alternative technologies are for lots that cannot be in code compliance, and this protect this from happening regulation. Comments this is based on the suspicion that the same nutrient loading is happening on regulation would record the chemistries which when a reading goes up and/or the maintenance expires, Hummock Pond — but we are still waiting for the estuaries report. Comments he is concerned that if a red flag goes up, the Board of Health is notified, and we would then rectify the situation. Currently municipal water goes out there there's a possibility of bigger dwellings with more bedrooms can go out there are no measures to track maintenance system agreements, and when they expire very few of the there and it becomes even a bigger problem. Suggests hearing in March or April. Comments he maintenance system will notify us —they just simply walkaway from it. This will be on the septic received no negative feedback from people in Madaket, and that there has been no pushback. system installer and/or designer to log these systems in with the Barnstable County. Suggests a Public Cooper — Questions if when the water goes out to that area, if it will go into all the developments. Hearing in January as he feels this is something this town needs. Discussion Atherton — Feels this is pretty straight forward. MacNab — Comments it will be on Tautemo and Osprey, but not going down Westerwyck way. MacNab — Questions if we need the all onsite system regulation. Visco — States it is not going down Westerwyck, Heller's Way or Ahab Drive. they down Hummock Pond Road, and there are people to the left Atherton — Comments perhaps we could require all onsite systems later on, but suggests moving Atherton — Comments that once go that want water, they will have water. Questions what the results are from Ray's experience with forward with Ray's suggestion. Action Board agrees to hold the public meeting in January. Vote Carried unanimously 1. Review regulations 2. Set a hearing date Sitting MacNab, Cooper, Weld, Visco, Atherton Recused Documentation None Supporting documents and plans, staff recommendations. is for the Cisco area and may not happen for 3 -5 months. Madaket was and still Staff Ray — Comments this is a nitrogen sensitive area and limits the number of bedrooms allowed for properties with a well and a septic system. There was no mechanism to make sure that mandate stay in place, if municipal water ran to the property. The concern in Madaket — known from the estuaries report — affluent is the primary causative agent for nutrient loading of Madaket Harbor. If the Board were to allow town water to go out there, and remove the restriction of the number of bedrooms on the property, you would see 6 -8 bedrooms on lots going up, furthering nutrient loading into the Harbor. Comments the way to is 56.02 -C, making any property on municipal water non - exempt from this protect this from happening regulation. Comments this is based on the suspicion that the same nutrient loading is happening on Hummock Pond — but we are still waiting for the estuaries report. Comments he is concerned that if municipal water goes out there there's a possibility of bigger dwellings with more bedrooms can go out there and it becomes even a bigger problem. Suggests hearing in March or April. Comments he received no negative feedback from people in Madaket, and that there has been no pushback. Discussion Cooper — Questions if when the water goes out to that area, if it will go into all the developments. Confirms with Ray, that there is no way to tell and this . MacNab — Comments it will be on Tautemo and Osprey, but not going down Westerwyck way. Visco — States it is not going down Westerwyck, Heller's Way or Ahab Drive. they down Hummock Pond Road, and there are people to the left Atherton — Comments that once go that want water, they will have water. Questions what the results are from Ray's experience with Madaket. Page 5 of 7 Minutes for December 19, 2013, adopted Jan. 16, 2014 Action Board agrees to hold the public meeting in March or April. Vote Carried unanimously 1. 37 Quaise Road— failed system Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Ray — Comments that the soil is un- permeable and that it is a failed system that needs to be repaired. Discussion Atherton — Questions if this is a turnover property. Cooper — Questions if there is something in the deed that carries through to the next owner should the property sell. Atherton — Confirms that the covenant follows through with the property /deed even though it is a seasonal use house. Visco — Comments the houses systems further down the road were able to be repaired. Action Motion to Approve. (made by: Atherton) (seconded by: Weld) Vote Carried unanimously 2. 30 Rhode Island Avenue — Move house back Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Ray — Presents a photo of the property to the Board and explains that this single - family dwelling is very close to the beach and is currently uninhabitable. Comments the plan is to move the house back so it can be enjoyed as long as possible. the HDC and the Representative Arthur Gasbarro — Comments they have been through Conservation Commission, ZBA regarding this matter and that they would like to go up as close as they can to the front yard setback to allow the family to use the house for as long as they can. The agreement is that once there is no longer a dune present, the structure will be removed as well as the tank — thus perpetuating the need for a tight tank. A tight tank was put in next door a year or two ago and the options are limited. Discussion Atherton — Questions if there is an existing tank. Visco — Comments that the old tank is gone. Atherton — Confirms with Gasbarro that with the new tight -tank requirements, it will be required to be removed once the house is demolished. MacNab — Confirms the family just wants to keep enjoying the house for as long as they can. Action Motion to Approve. (made by: Cooper) (seconded by: Atherton) Vote Carried unanimously 1. Myranda Lee - One Arkansas Avenue a/k/a 256 Madaket Road - $20,176.31 Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Staff Ray — Comments all paperwork is done and they are ready to move forward on this ACO with Board approval. Discussion NONE Action Motion to Approve. (made by: Cooper) (seconded by: Weld) Vote N/A Page 6 of 7 Minutes for December 19, 2013, adopted Jan. 16, 2014 1. MacNab — Questions how much money is left for ACO's Ray — Comments about $1.52 Million Atherton — Questions how many have been done. Ray — Responds this may be the third or fourth done. 2. Ray — Presents the Application for Refuse Haulers License, for licensing haulers in the first week of January. Cooper — Questions the minimum amount of liability one must hold to get a permit. Ray — States there is a minimum that is in the regulation, but doesn't have it on him at the moment. Atherton — Questions if there is a list of people and asks if it could be shared with the board via email. 3. Ray - Deer Reduction Articles — Request for bids for the tick borne disease video. States that he and MacNab are diligently trying to get the process correct so they can proceed with the video program. Comments that there are procedural issues that they have run into. 4. Ray - Confirms that they have had constructive dialogue with the Sewer Advisory Committee and are looking toward their consultants and the Waster Water Management plan and perhaps a breakthrough with regard to tight tank use on the other side of Hither Creek (i.e. over Millie's Bridge). Confirms that he attended their meeting the other day and stated that one of the provisos they feel is going to be the Town providing a municipal pump out service for designated lots within the protection districts as an extension of the sewer districts. It will be mandatory and the owners will have no determination as to who, what or when. Cooper — Questions if the DPW can designate a contracted pumper. MacNab — Agrees with Cooper. That way it would be our choice. Ray — States the problem with that is the Town would lose a certain amount of control. Visco — Questions how that works when you are dealing with private property. Cooper — Feels the DPW should put out a bid. Atherton — Feels that we shouldn't just roll over and feels that at this point we should say `No, thank you'. Cooper — Comments that he personally feels that a contractor would do a better job than the Town. VIII. ADJOURNMENT Motion to Adjourn: 5:15 p.m. Submitted by: K Bradford Page 7 of 7