HomeMy WebLinkAbout2014-10-9Minutes for October 9, 2014, adopted Dec. 18
BOARD OF HEALTH
2 Fairgrounds road
Nantucket, Massachusetts 02554
www.nantucket- tna.gov
ECE1VE-D
-)r1y nF0 19 Nrl
Commissioners: Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice chair), Helene Weld, RN, Stephen Visco, Ricktext9� CL
Staff: Richard Ray, Artell Crowley l U t'
—~ MINUTES --
Thursday, October 9, 2014
Public Safety Facility, 4 Fairgrounds Road, Training Room, 4:00 p.m.
Called to order at 4:00 p.m.
Staff in attendance:
R. Ray, Health Director; A. Crowley, Deputy Director Health; T. Norton, Town Minutes Taker
Attending Members:
MacNab, Cooper, Well, Visco, Atherton
Late Arrivals:
None
Early Departures:
None
Agenda adopted by unanimous consent
•
W-MeTIM, 11' • •
None
APPROVAL OF
1. August 21, 2014 Approved by unanimous consent
111. BUSINESS
1. Proposed Budget 2015 -2016
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
MacNab — Brief overview of the budget, which has been submitted.
Ray — The BOH hasn't had a budget for the last two years due to being incorporated into Planning and Land Use
Services (PLUS) budget. This year it is being incorporated in PLUS budget as specified for the BOH.
MacNab — Started looking at health statistics and what the disease problems on the island are.
Cooper — Asked if the BOH can expect this amount.
Ray — It is subject to recommendations by the Town Manager and the Finance Committee; the money will be available
and that there will be transportation and equipment budget.
MacNab — Wants BOH to have more input into who is being hired. In regards to Deer Management: presented to
Board of Selectmen (BOS) work on the deer population; over the last few years the deer cull is up but at that rate
would take 12 to 14 years to manage the population; had a scheduled meeting to discuss changes in the hunting laws
but it was cancelled which is being rescheduled. In this budget, he wants to include a part-time person to management
hunters and land into this budget to implement an island -wide program to match up property owners with hunters for
the coming year.
Ray — A Community Innovation Challenge Grant is being offered in Massachusetts; he's working with Barnstable and
Middlesex Counties to secure some of that money. It is the same program that provided free money for the testing
ticks for Spring, Summer, and Fall of this year. The department wishes to continue that and has been promised $30,000
for each community involved. Barnstable and Nantucket are looking for an educational process associated with the
school systems and educators as well as public info and brochure /pamphlets. This is a short-term offer. This request is
going before the BOS at the October 15 meeting for a vote. Tick testing will occur next year as an adjunct to this
money.
MacNab — Noted that the actual number of tick -borne diseases is down this year.
Ray — At this time, the number of tick are on the rise; the adults are coming in.
Weld — The BOH should also consider the 300 deer the DPW picks up off the road for inclusion.
MacNab — Stated that he and Mr. Ray will include that figure in the budget.
Action
None
Vote
N/A
Page 1 of 3
Minutes for October 9, 2014, adopted Dec. 18
2. Prohibition of tobacco use on Town of Nantucket public beaches
Sitting
MacNab, Cooper, Weld, Visco, Atherton
Recused
None
Documentation
Supporting documents and plans, staff recommendations.
Discussion
Ray — There is a draft regulation on the ban in the packets.
Cooper — The way it is written, smoking is allowed inside vehicles whether or not it has a top but can't smoke outside.
Ray — Correct.
Cooper — This addresses non - tobacco products.
Ray — That refers to any form of tobacco. If someone is on the beach with a beach permit on the vehicle and caught
smoking outside the vehicle, the owner could lose that sticker. This regulation is more for public education than
anything else.
Cooper — Policing this is would be difficult as it would require a huge number of police men.
Atherton — The issue isn't doing something only because there is enforcement; this helps set a moral conduct or good
behavior.
Cooper — Concerned this is off -the -cuff and has no teeth.
Ray — This does have teeth and it speaks to cleanliness and public health of others.
Crowley — This is more of a public health statement for good healthy living.
Ray — Need to do a public hearing if the board wishes to adopt this.
Discussion among the board members about whether or not to hold a hearing and being seasonal versus year round.
Action
Staff will schedule a public hearing date.
Vote
N/A
3. Potential extension of Septic system inspections completion date for Hummock Pond Watershed Protection District
Sitting MacNab, Cooper, Weld, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Discussion Ray — The regulations associated with the District are in the packet including the dates of inspections. Not getting
inspections scheduled at a number he is comfortable with. Feels it is important to add 12 months to those dates; only
have two inspectors working the whole island. Also, there are changes occurring within the proposal for sewer on this
island to expand it to include into Cisco, has asked for a time -frame for bringing sewer into these areas as reality
appears that it will occur in 5 to 7 years. The systems need to be inspected and fixed but don't want to ask people to
install new sewers only to require them to hook up to sewer in a couple of years. Wants to expand the ACO program
into these other areas. It is working well in Madaket. Cisco, Somerset Road, and Madaket will be done together. The
time limit for Madaket is about 4 years and Cisco could be 5 to 6 years. The main problem is within Zone A.
Visco — Stated he doesn't have a problem with the ACO program but anyone who signs into it should be the people
who potentially will have first access to the sewer.
Ray — Zone A needs to be done first.
Cooper — What happens if someone puts money into the system and five years down the road there is no sewer but his
system is still failing?
Ray — Within that timeframe, the decision of when and where will have been made. His biggest frustration is not
knowing where and when anything will go. This has been going on too long.
Cooper — Agrees it isn't fair to force someone put in a new system and shortly after require them to hook into sewer.
Atherton — Asked why jump to the ACO now.
Ray — Sewer will have to be first initiated in the Somerset Road /Cisco area before going into Madaket because it has to
go through those areas to get to Madaket.
Atherton — Expects the information to be posted publicly in the next couple of weeks; the key issue is how it will be
paid for and that must be tackled first but there are other issues that are not fully resolved. Doesn't expect that report
to dictate a deadline for bringing sewer into the various areas.
Ray — Will schedule a public hearing to change the dates if the board supports this.
Visco — He believes that most of Zone A is done; the problem will be Zone B.
Ray — A problem with his department is that the building trades have stepped up and his staff is part and parcel of that.
There is no evidence that is going slow down; they inspect new septic systems and do percolation tests.
Action None
Vote N/A
4. Discussion item — Potential promulgation of regulations mandating the application of an administrative consent order (ACO)
within the Hummock Pond Watershed protection district
To be held until after the report is published.
Page 2 of 3
Minutes for October 9, 2014, adopted Dec. 18
5. Notification of joint meeting to be held 6:30 October 16 with Nantucket Planning Board concerning defined seating limitations for
Millies Restaurant.
Sitting MacNab, Cooper, Weld, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Discussion Ray —The Department of Environmental Protection has supported BOH approach that the finger bars and high -top
tables are to be considered into the seating; should have 4 seating locations for the finger bars and 3 for the high -top
tables. The bar seats do count. The Planning Board does not set the seating for Millie's Restaurant; that is dictated by
the septic.
MacNab — "Seat" indicates under the law a food - service position.
Ray — Expects this to be contentious with the food - establishment owners. Said he also hopes to have water meter
readings from August 18 to closing.
Cooper — Asked if next year could end up like this year with the staff going out there frequently.
Ray — Hopes to specify the actual seats to include finger bars and high tops not to exceed total 124 eating positions
inside /outside. How they comply is up to the owner.
Cooper — Asked if there are only 69 seats inside full and 55 outside in a storm, can they come in.
Ray — Yes.
Atherton — Since staff can only inspect once in a while, he would like the owner to certify on paper that he has not
exceeded the seating.
Cooper — Asked who has authority to shut them down.
Ray — BOH has that authority and can do so at a moment's notice.
Weld — Asked if the restaurant management has argued about the numbers the Health Department inspectors have
come up with or did they agree that they were over.
Crowley — They have not argued about being over; the count on their computer has been significantly wrong every
time those numbers were compared to the inspector numbers.
MacNab — The definition, spirit, and intention of the law is talking about food service positions, not necessarily a seat.
Said that next year the BOH will require that they fill out a certification sheet in regards to occupancy.
Action None
Vote N/A
6. Tick -borne disease update — Chair
See discussion on deer management and tick -borne disease education under Item 1: Proposed Budget 2015 -2016
7. Update —Ebola virus protocols for BOH
Sitting MacNab, Cooper, Weld, Visco, Atherton
Recused None
Documentation Supporting documents and plans, staff recommendations.
Discussion Ray — He has met with the hospital, emergency preparedness team, and the police department with a conference call
from the State Department of Public Health; we will shelter in place; the state is working out a transportation
protocol with the SSA or Coast Guard; Medflight could be part of that as well. The hospital can handle no more than
3 patients. There is a negative pressure room at the hospital and an emergency room that could be set up as a
negative - pressure quarantine room. Talked about quarantine in dwellings; the initial mandate would be voluntary:
property taped off and police car with appropriate equipment posted on property. If patient refuses, would have to go
to court and get a court order; working on getting that set up to be immediate. A similar situation was set up for the
first flu season.
Action None
Vote N/A
1\'. CONCERNS FROM •'1
1. Sewer hook ups
Ray — Mr. Atherton asked the status of the new sewer lines. Over the last 4 -5 months, 12 out of 109 individuals have connected.
V. ADJOURNMENT
Motion to Adjourn: 5:00 p.m.
Submitted by:
Terry L. Norton
Page 3 of 3