HomeMy WebLinkAbout2014-8-21Minutes for August 21, 2014, adopted Oct. 9
'a °`apNTU�;�FT BOARD OF HEALTH
Town of Nantucket
2 Fairgrounds Road
RAjT Nantucket, Massachusetts 02554 R E C EL_ I Y E D
www.nantucket - ma.gov
a"14 HT 16 A"'i 11 20
Commissioners: Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice chair He c' �I T�lephen
Visco, Rick Atherton i�fi U �'` �'
Staff. Richard Ray. Artell
-- MINUTES --
Thursday, August 21, 2014
4 Fairgrounds Road, Community Room — 4:00 pm
Called to order at 4:00 p.m.
Staff in attendance: Richard Ray, Health Director; Artell Crowley, Deputy Director Health; Henry Ross,
Seasonal Health Inspector; Leslie Snell, Deputy Director of Planning; Terry Norton,
Town Minutes Taker
Attending Members: Malcolm MacNab, MD, PHD; Helene Weld, RN; Stephen Visco; Rick Atherton, Board
of Selectmen
Absent Members: James Cooper
Agenda adopted by unanimous consent
Mosquito Control Group — Emily Hibbard, Vector Disease Control International Entomologist, explained the
integrated program which identifies Mosquito breeding zones. Explained the biologic larvicide being used.
Reviewed the census data accumulated over the past two years. See Appendix A census graph.
1. July 17, 2014 — Approve by unanimous consent.
2. July 30, 2014 — Approve by unanimous consent.
ORDER 111. CHANGE
1. Shared System Easement — DEP requirements Fin Back
Sitting MacNab, Weld, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Staff This site was granted an easement in regards to access to the leach facility. The Mass. Department
of Environmental Protection (DEP) was not comfortable with the amount of property included in
the easement; they have approved this change and are asking the board to sign the revised
easement.
2014 Tick -borne Disease Prevalence (to date) on Nantucket.
Charlene Chadwick, Infection Control Nurse Nantucket Cottage Hospital — Reviewed the results of the survey for
tick -borne diseases and how the data was collected. The result only reflects cases of Nantucket residents; test results
on visitors goes to their home Department of Public Health. Explained that not all tick -borne disease cases go to the
lab for diagnosis; some cases are diagnosed by symptoms or blood smears; as a result the survey is not 100 percent
accurate. If the doctors inform her of a suspected case, she can include those in the report; unfortunately, as the
tourist season progresses, the doctors become too busy to inform her of suspected cases. Suggested that BOH should
pay attention to Hepatitis C.
Page 1 of 4
Minutes for August 21, 2014, adopted Oct. 9
MacNab — Suggested doing the next educational symposium on Hepatitis and STDs. The numbers on the tick -borne
diseases are from 2012 to 2013 the calendar year and reflect suspected cases; asked to see the numbers going back to
five or six years. The numbers for Hepatitis C are quite disconcerting; suggested putting that subject on an agenda for
discussion.
Ray — Reviewed data about tick -borne disease infected ticks sent to the Mass state lab. His department has a grant to
study up to 100 ticks; the program should end perhaps October or November.
DISCUSSION V.
1. Review of Recent Inspection of Millie's Restaurant
Sitting MacNab, Weld, Atherton
Recused Visco
Documentation Supporting documents and plans, staff recommendations.
Staff Re- inspected on August 11, 2014; last night did seat occupancy count: outdoor areas 79 seated
people eating and drinking; indoor 1" floor bar 12 seated people eating and drinking; 2 ,d _floor
dining area and bar 75 people seated people eating and drinking; this exceeds the 124 requirement.
Inspectors found the grease trap was bubbling at grade and overflowing. Explained the ice machine
water utilization that might have been running through the septic; use was discontinued. Explained
this is not a life- threatening situation or a public health issue. Changes he would like to see: cap and
decommission the existing well; enter into agreement with pumping service to have all tanks
pumped every 7 days; hire an engineer to ensure there are no leaks of the water delivery system;
and contract engine design firm to design a grease trap and septic tank of 3,000 gallons minimum
to be installed prior to the next season. The flows are exceeding the septic system; tanks are now
1500 gallons. Feels it is important that the BOH, the owners, and staff of the Planning Department
come together this Fall to design a specific, rigid seating program which will not contain over 124
seats.
Representative Steven Cohen, Cohen & Cohen Law PC, for Millie's Restaurant
Public Maureen Phillips, 30 Long Pond Drive, Madaket Residents Association
Discussion MacNab — Agrees developing a seating program is important.
Cohen — Feels the records and emails suggest his client is not compliant to regulations. Explained
the system put into place to better track the number of seats being utilized at any one time to
include use of a new software system of accounting for seated customers; suggested there might be
a flaw in the system or that people linger. Millie's suffers from a lack of control and management
doesn't want to turn people away seeking to use the bathrooms. That night there was a 2 hour wait
and 40 seats not being used, both outside and inside. Millie's will go back to the Planning Board in
October. His client is okay with pumping once a week during the high season and hiring an
engineer; his client is not sure the other two requirements are the right solution, explained why.
Ray — At the last meeting, the board did not address the people standing at the bar or the tall
tables. There was substantial food being served at the "finger bars" and his inspectors did not
count them. They counted the number of people seated and eating at a total of 166 people; the
count was made by two people in a short amount of time with very little movement.
Cohen — Stated the accounting paperwork indicated the count occurred over 45 minutes; there can
be a lot of turnover in that time. Concedes there might have been some overage. Millie's
management is willing to discuss the issue and how to comply with the 124 seats limitation.
Atherton — It is the job of the BOH to verify that the Title 5 seating limitation is not being
exceeded.
MacNab — Management will have to do a better job at keeping track of the seating; stated he
realizes that the 124 is an algorithm set by Title 5 and doesn't account for people who are lingering.
He's pleased to hear the septic will be pumped once a week.
Ray — He would like to have the Cape and Islands DEP representative attend the October meeting
with Millie's management to discuss the calculations associated with the 30000 gallons per day.
Page 2 of 4
Minutes for August 21, 2014, adopted Oct. 9
Cohen — His client will implement the pumping immediately and engage an engineer to review the
grease trap situation then report back to the BOH on that.
Ray — The interim measures are agreeable.
At 4:57 Dr. MacNab allowed Ms Phillips to make the following associated comments. Pointed out
that her comments would not change the decisions that have been made.
Phillips — Stated she was not reassured by counsel's comments and explanations about the
discrepancy between the Health Department count and the management's count. She is especially
concerned about the use of the "finger bars" as apparently circumnavigation Title 5 restrictions.
Atherton — Would like to see the restaurant management submitting daily reports certifying that
only 124 customers were seated at any one time.
MacNab — That is an excellent suggestion that can be requested of the owners.
2. Tobacco /Cigarette use Prohibition on Town -owned Beaches
Sitting MacNab, Weld, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Staff Staff will gather the data for discussion at a future meeting.
Representative None
Discussion Atherton — Stated that in the past he has asked the board's thought on this issue and has brought it
up to the BOS for a sense of the board. Thinks it would be helpful.
MacNab — Wonders if 2 hand smoke is an issue on the beach for health and quality of life.
Atherton — There are a number of towns on Cape Cod that have implemented such rules. There is
the side -bar issue of keeping cigarettes off the beach.
MacNab — Suggests staff find supporting documents of the regulatory authority of other towns
that have enacted this form of regulation. If we are dealing with a public health issue, then we will
discuss it.
3. 2015/16 Budget Considerations
Sitting MacNab, Weld, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Staff This is at the request of Dr. MacNab.
Representative None
Discussion MacNab — Want to get a budget submitted for the board. Starting to work on a proposal.
Leslie Snell — Need to know what the items are and the estimated costs preferably by the end of
September.
MacNab — Will discuss a draft budget at the next meeting.
VI. HEALTH • • • •
1. Human habitation issues are still plaguing the department; presently have a backlog of 3 inspections and will
continue doing them next week. Callers are asked to fill in a complaint form at the office. By Mass. General Law,
the department must respond to phone and written complaints; prefer it in writing to provide a paper trail.
CONCERNS '• :•A'•
1. Weld — Educational materials, put together by the Mosquito Control Group, are available.
2. MacNab — Tick control: There is the concept of helping hunters get in touch with homeowners to hunt their
property. The Health Department does not have the staff necessary to facilitate that. Perhaps the Civil League or
Homeowner Associations might be a means of accomplishing that.
ADJOURNMENT
Motion to Adjourn: 5:07 p.m.
Submitted by:
Terry L. Norton
Page 3 of 4
Minutes for August 21, 2014, adopted Oct. 9
Page 4 of 4