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HomeMy WebLinkAbout2015-12-17,Nfinmes for December 17, 2015, adopted Jan. 21, 2016 BOARD OF HEALTH Town of Nantucket 16 Broad Street Nantucket, Massachusetts 02554 www.nantucket- ma.gov 16 Broad S, 0255 Na�LUCket, MA JAN 22 2016 AM 9.105► Commissioners: Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice chair), Helene Weld, RN, Stephen Visco, Rick Atherton Staff: Roberto Santamaria, Artell Crowley, Kathy Lafavre, Anne Barrett __ MINUTES -- Thursday, December 17, 2015 4 Fairgrounds Road, Community Room — 4:00 pm Called to order at 4:00 p.m. Staff in attendance: R. Santamaria, Health Director; A. Crowley, Assistant Health Director; T. 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 1. November 19, 2015: Approved by unanimous consent CONDEMNATION OF ' 1. 24 Miacomet Avenue (aka 16 Miacomet Avenue) Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — This property has three structures, two houses and an office. In November he inspected the property and found people living in the office. He is asking the board to declare the office structure as "unfit for habitation ". The order letter is in the packet. Cooper — Asked if the structures are on septic. Santamaria — Yes; there are two septics: 1 house on one septic and the 2 °`' house and office on another. This is for the office only which could continue to be used as a office or for storage. Declaring the structure unfit for habitation provides the Health Department the teeth it needs, that if it were re- inhabited, we could fine the owner. The building meets all the codes necessary to be used as an office. Action Motion to Declare the Structure Unfit for Habitation. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously Page 1of4 Minutes for December 17, 2015, adopted Jan. 21, 2016 2. 38 Sparks Avenue Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion Santamaria — He is asking that this structure be condemned as unsafe and the owner be fined. He received a call from the police about a structure being used as a dwelling. At that time, he noticed it was two tractor trailers pushed together and connected and with barn -type exterior doors in which someone was living. This structure was never permitted by any Town department. There was heat, no toilet, no running water, and the wires were exposed. This is a multi - departmental approach to shutting this down. Action Motion to Condemn the Structure at 36/38 Sparks Avenue. (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 (a:u) Santamaria —just as we adopted the police for animals, we will adopt Natural Resources as our agent for fertilizers. Right now if Natural Resources inspector saw someone applying fertilizer in violation of the regulations, they have to refer it to the Health Department then the department would have to catch them in the act or accept Natural Resources word before issuing a ticket; If Natural Resources is an agent, they can have the ticket book with them to fine them right on the spot. He, Jeff Carlson and Libby Gibson are working on a new enforcement plan. Once complete, it will be presented to the Board of Selectmen and the BOH. They are looking to have more Health Department inspectors in the field. Cooper — Asked how these regulations are enforced if it is voluntary on the owner's part. Santamaria — That is part of the conversation he has been having with Ms Gibson; they are thinking about adding into the regulations that the owner must pick someone from a list of licensed applicators. If they don't they are fined after the first warning. Owners applying fertilizer themselves are exempt. Action Motion to Certify the Natural Resources as Agents for the BOH for the Purposes of Enforcement. (made by: Weld) (seconded by: Visco) Vote Carried unanimously V. VARIANCE REQUESTS 1. From Local Regulation 55.02B for 6 Saccacha, M/P 82 -336 Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (a:15) Santamaria — This variance request is for exemption from the Hummock Pond Watershed; the septic is actually outside Zone B; only the house is inside Zone B. Cooper — Confirmed that the whole septic system is outside of Zone B. Santamaria — Explained how the Zone line is determined based on water flow. Action Motion to Grant the Variance as Requested. (made by: Atherton) (seconded by: Weld) Vote Carried unanimously Page 2 of 4 Minutes for December 17, 2015, adopted Jan. 21, 2016 2. From Local Regulation 56.02 for 17 Wannacomet Road, M/P 41 -467 Sitting MacNab, Cooper, Weld, Atherton Recused Visco Documentation Supporting documents and plans, staff recommendations. Discussion (a:19) Santamaria — This is to add one bedroom and a 5- bedroom I/A on a property which is 40,000 square feet; the size of the property limits the structure to 4 bedrooms. This property is serviced by Town water, and it is also on the edge of Zone B. Recommends approval. An I/A is not required in Zone B of the Hummock Pond Watershed; this is going "above and beyond." Don Bracken, Bracken Engineering, Inc. — Explained how they calculated the reduction in nitrogen between the current system and 4 bedrooms against 5 bedrooms with I /A; there is a net reduction. The ground water is about 20 feet away. Crowley — Explained that inside Zone A, an I/A is required but not so in Zone B. This would be a bedroom credit. Santamaria — If someone comes in with a bedroom increase that exceeds the 1 bedroom per 10,000 square feet, they must put in an I /A. Atherton — Wants it on the record that granting of this variance is by no means setting a precedent for the Harbor Watershed District. Action Motion to Grant the Variance as Requested. (made by: Cooper) (seconded by: Weld) Vote Carried 4 -0 1. 199 Madaket Road, M/P 59 -58.1 — Technical Failure Sitting MacNab, Cooper, Weld, Visco, Atherton Recused None Documentation Supporting documents and plans, staff recommendations. Discussion (4:30) Santamaria — There is a technical failure; the system is functioning. Recommend approval. 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 (4:31) Santamaria — He did a comparison of his fee schedule against that of 7 other towns of similar size and budget. Listed the towns he studied. The comparison was done on three levels: food permits, general permits, and septic permits. He found Nantucket have been severely under charging on some major permits and not charging on others. Explained the spreadsheet showing the current fee, the proposed fee, and the difference. Public hearing opened at 4:34 p.m. Curtis Barnes — He shared the fee schedule with his plumber and noted a $100 feet for an ejector pump; normally that is a plumbing fee, not health. He is concerned it might end up something homeowners are paying for twice Santamaria — That fee is currently on the fee schedule; it shows up on all septic permits. Public hearing closed 4:3712.m. Santamaria — There was a suggestion via email requesting the BOH consider the planning permit for the $20 Building Review Fee as it would be double charging for the same review. The staff has reviewed over 200 of these and each takes from 45 to 60 minutes and currently doing it for free. He feels it is a very fair fee. MacNab — Asked how much revenue would be added by increasing the fees. Page 3 of 4 Minutes for December 17, 2015, adopted Jan. 21, 2016 Santamaria — Roughly $40,000 annually. For perspective, Tisbury charges $500 for tobacco permits and Nantucket has been charging $50. Explained that when someone comes in with a permit, it is at that point the fee is charged and paid. Explained how the new e- permitting would make payment easy. Action Motion to Approve. (made by: Atherton) (seconded by: Weld) Vote Carried unanimously 1. Venison Donation Program: this has been up and running for two weeks: To date they have received 7 deer totaling a little over 100 pounds of meat donated to the Food Pantry. Next year, this program can be expanded and improved. One issue is the location of impact, where the slug hits the deer damages the meat in that area and that meat can't be used resulting in a possible loss of meat. The food pantry, the donor, and the processor have expressed an interest in continuing the program. The State came to inspect the program; they were impressed and are looking to expand it across the state. The program ends Dec. 24; next year it will go the entire hunting season; that's 8 weeks as opposed to 2 weeks. For next year, we can start advertising earlier and have plenty of time to work on funding. 2. Center for Disease Control and Prevention (CDC) Grant: He has applied for a grant that would fund an Environmental Health intern for the summer who would study the epidemiology of tick borne diseases and wastewater. They could then set up a program, tracking system, and enforcement practices on fertilizer, wastewater, and the epidemiology of tick borne diseases; he /she would work closely with the Hospital to get a hand on what, how, and where we can draft these issues. 3. State Electric Vehicle Incentive Program grant: He has applied for and approved for a grant from the State to purchase an electric vehicle for the Health Department. It will be a hybrid electric /gas vehicle; the off -set from the grant results in the cost to the Town being the same as for a gas vehicle. 4. He is currently looking into the feasibility of setting up a Strategic Plan for the Health Department; his goal is to set it up with no cost to the Town. He has experience in strategic planning. The plan would enable the Health Department to lower its costs to the Town. 5. The end of January will be the end of his first 6 months as a Town employee; he will be requesting a performance review from the BOH at the February meeting. 6. Discussion about setting up a workshop to talk about some of these issues with septic variances. MacNab — Asked the staff to start preparing questions so that the workshop is meaningful. Cooper — He believes all these changes to septic systems and sewers need to be shared with the Association of Real Estate Brokers. Santamaria — he is scheduled to address the board on January 13, 2016 Motion to Adjourn: 5:04 p.m. Submitted by: Terry L. Norton Page 4 of 4