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HomeMy WebLinkAbout2014-12-18Minutes for December 18, 2014, adopted Feb. 26, 2015 BOARD OF HEALTH Town of Nantucket 2 Fairgrounds Road Nantucket, Massachusetts 02554 www.nantucket- ma.gov Commissioners: Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice chair), Helene Weld, RN, Stephen. - Visco, Rick Atherton Staff: Richard Ray, Artell Crowle -- MINUTES -- Thursday, December 18, 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; Terry Norton, Town Minutes 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 I. PUBLIC COMMENTS — ANY MEMBER OF THE PUBLIC MAY ADDRESS COMMISSIONERS AT THIS TIME APPROVAL OF 1. October 9, 2014 adopted by unanimous consent 111. PUBLIC HEARING DATES 1. Local Regulation 55 — Inspection and upgrading of substandard sewage disposal systems within the Hummock Pond Watershed Protection District/ extension of dates for inspections. Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Ray - The current deadline date for inspections within Zone A is 3/1/2014 looking for extension to 12/31/2015. The Zone B current deadline is 6/1/2015, wants 5/1/2016. The discussion about sewer to that area should come to fruition before we start fining. MacNab — Have done this before and have problems with environmental protection. Crowley — In the past, if they can prove they are on the list prior to the date, they are in compliance. Ray — Explained the process of an inspection. A mass mailing does go out return receipt requested. Zone A has MacNab & Weld — Have a problem with the May 2016 date. Cooper — With 370 inspections to do at 2 a day it would be accomplished in 180 days. He questions if these can be done in 180 days. Ray — That is why he needs the inspection, they don't have the people to do them that fast. Atherton — Suggested extending 6/30/2015 for both zones and need to be on the list. Ray — If they aren't on the list by that date, Action Motion to Extend to both Zone A & B until June 30, 2015. (made by: Atherton) (seconded by: Cooper) Vote Carried unanimously Page 1 of 4 Minutes for December 18, 2014, adopted Feb. 26, 2015 2. DRAFT Regulation 73 — Prohibition of Smoking on Town -Owned Beaches and Adjacent Parking Areas. Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Discussion of date. Action Staff to schedule a hearing for February 2015. IV. RE- SIGNING OF SIGNATURE PAGE FOR LOCAL REGULATION 77.00 Sitting MacNab, Cooper, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion All that is needed is for the board members to resign the signature page. Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Ray — The loan is paid in full. Town Counsel is working on the release form. He needs the board's approval to release Mr. Psaradelis from the lien. Atherton — Suggest delegating these to staff. Action Motion to Authorize Staff to release these loans. (made by: Atherton) (seconded by: Cooper) Vote Carried unanimously APPROVAL O, O. DRIVE Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Ray — Already approved by the board at $25,241.00; the cost has gone up to $33,000. Need board signature. Action Motion to Approve. (made by: Atherton) (seconded by: Cooper) Vote Carried unanimously Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Ray — The Administrative Consent Order is for $30,000. Action Motion to Approve. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously Page 2 of 4 Minutes for December 18, 2014, adopted Feb. 26, 2015 '7411. -911 SCIII SSI • 1 1. Report — Tick -borne disease and Hepatitis C cases Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Ray - The numbers are in the packet. MacNab — Asked to hear from Charlene Chadwick, Infection Control Nurse Nantucket Cottage Hospital. For Hepatitis, there are only 11 cases out of a population of 15,000. Wants to look at the state numbers as comparison to how Nantucket stands up. Tick -borne disease: Lyme went down but Babesiosis went up. Most cases, about 96 %, are of people who live on the island. Explained possible reasons for the low number of cases in tick -borne disease; cause and affect are hard to ascertain. Ray — This year, the bow hunters were allowed to log in their kills on the internet; a lot of hunters didn't do that as the site wasn't being monitored. As a result there won't be a true number of the take. Cooper — Asked whose responsibility it is to check deer taken by hunters. Ray — Said they can hope is that next year the state sends someone to check the hunters. 2. Proposed new local regulation or Bylaw; local regulation 8.00 — Keeping of Animals Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Ray — Right now the Town has a by -law that is very old and doesn't address current issues with the keeping of farm animals. Nantucket is moving toward being a more heavily populated area; housing is encroaching on farm animals. This started as a rooster problem. He has had a modicum of success in asking people to remove their roosters. He has researched regulations and also took four Town regulations and by -laws and condensed them into this one regulation. It doesn't preclude raising farm animals, just addresses their becoming a nuisance. Explained how a rooster can become a health issue. Discussion about events involving problems with farm animals. Ray — This is in the hands of Town Counsel to determine if it should be a BOH regulation or a Town bylaw. Atherton — Suggested sending a copy to the Agriculture Commission. 3. Status of mandated sewer connections and review of and interpretation of Regulation 69.00, connections to New and Existing Publicly -Owned Sanitary Sewer Lines Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Ray — Provided the background for this regulation and reviewed what the regulation states and the current problem with new dwellings that have not connected to existing sewer lines. Letters were sent to those land owners mandating connection to the sewer. Recently the department resent the letters but did not include a return receipt request; individuals came in claiming they never got the letters. What he would like to see is for this Board to take no action and allow a small committee, made up of Mr. Ray and a couple of members, to review these regulations and ascertain if they are applicable or need to be updated. Cooper — Said he would like to be on the committee. MacNab — Agrees the regulations need to be reviewed. There is an issue with upset citizens who received letters. Ray — Said he told those citizens to keep the letter, that the BOH was meeting on the subject. Page 3 of 4 1Nlinutes for December 18, 2014, adopted Feb. 26, 2015 Discussion about the 9 -month hook -up deadline cited in the letter that went out and how much time recipients have to hook up to sewer. Atherton — Think there is a good reason to review the regulations and get people on sewer. Leslie Snell, Assistant Director PLUS — There are 100 plus year -round residents who received the letter; have received comments from people many don't have the money /resources to make this improvement. Expressed the opinion that procedures weren't followed Feels a resolution needs to be made today: whether or not to rescind the letter or set a date. MaeNab — Suggested the Health Department issue a letter which apologizes for the confusion and states that from the date of receipt of the letter property owners have 6 months for environmentally sensitive areas and 2 years for all others to hook up to sewer. He will review the letter before it goes out. Action Motion to follow the regulation and re -issue the letter of notification apologizing for the confusion. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously Discussion about the regulations. Tobias Glidden, BOS — Would like to see the new regulations provide for those people on septic who cannot afford the hook up to sewer. Further discussion about the contents of the new regulations. MaeNab — Would like to schedule the January meeting for the fourth Thursday so that he can attend. Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Ray — Explained the situation leading to a death from construction without benefit of a permit. That portion of the building has been condemned. Has conducted two surprise inspections and it is not habituated. Action Motion to Ratify the condemnation order. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously CONCERNS X. '• :••'D 1. Weld — Mosquito control passed legislation. The State Regulatory Board will certify. 2. Ray — In January 2015 he will meet with a representative from Massachusetts Department of Health; they offered assistance in establishing a program where wild- caught dear meet can be distributed to not -for profit entities. Nantucket has a situation similar to farm raised deer as there is no interaction with other deer populations. 3. Ray — As of this morning, he submitted his retirement request effective May 31, 2015. 4. Atherton — On fertilizer regulations, he would like consideration for an amendment requiring an annual certification after the close of the period in which application of fertilizer is authorized. The Certification will state that the license holder has fully complied with the regulations. Such an affirmative statement will be helpful if any infractions are discovered. ADJOURNMENT Motion to Adjourn: 5:08 p.m. Submitted by: Terry L. Norton Page 4 of 4