HomeMy WebLinkAbout2020-8-7 Minutes for August 7,2020,adopted Aug.20
aNTucK:\ BOARD OF HEALTH
4 ' Joint Meeting with Select Board rOWN C L E R ;'
10- yi' Town of Nantucket
3 East Chestnut Street 2020 AUG 2 I AM 9: 34
Nantucket,Massachusetts 02554
www.nantucket-ma.gov
Commissioners: Stephen Visco (chair),Malcolm MacNab,MD,PHD (Vice chair),James Cooper,
Meredith Lepore, Melissa Murphy Select Board
Staff: Roberto Santamaria,Artell Crowley,Kathy LaFavre,Anne Barrett,Hank Ross
— MINUTES —
Friday,August 7,2020
This meeting was held via remote participation using ZOOM and YouTube,
Pursuant to Governor Baker's March 12, 2020 Order Regarding Open Meeting Law
BOH called to order at 2:02 p.m. by Dr. MacNab
Select Board called to order at 2:17 p.m. by Mr. Bridges
Announcements
Staff: Libby Gibson, Town Manager; Santamaria, Health Director; Amy Baxter, Police Department;
Police Chief William Pittman; Erika Mooney, Operations Administrator
BOH Members: Malcolm MacNab,Vice chair;James Cooper;Meredith Lepore;Melissa Murphy
Absent BOH: Stephen Visco
Select Board: Jason Bridges,Vice chair;Melissa Murphy;Matt Fee;Kristie Ferrantella
Town Counsel: Gregg Corbo, K&P Law,P.C.
Documentation: Governor Baker's Emergency Order announced August 7;DPH May 1 Mask requirements;
I. PUBLIC COMMENT
None
II. BUSINESS
A. COVID Update
1. Santamaria–The Governor just issued new orders, 30 minutes ago, regarding restaurants and enforcement:
all restaurant gatherings have been brought down to 50 from 100; all alcohol must be consumed on premises
with a food order;and Police can enforce as well.
Gibson – We have not had a chance to sort through it all. There is a growing issue with lines and crowds
especially on Lower Broad Street. There was talk of putting up barriers to parking,but that is problematic for
deliveries. We are looking for increased police presence. One issue of reducing gatherings to 50 to include all
properties–public and private. We are looking now at closing the take-out sites to mid-night.
Corbo–He hasn't seen the Governor's order,but he has a press release: the safe reopening plan is being put
on hold and the outdoor gathering limit decreased from 100 to 50 effective Tuesday (August 11). His
understanding for a"gathering"is something organized by an entity,not a random group.
Fee–He thinks sawhorses blocking the side streets from five on might be better.
Baxter–That is what we're looking at.
Santamaria–We had six days of no new cases but two today;contact tracing is taking place and working.The
Governor mentioned the Department of Public Health (DPH)will release a mid-level committee report every
week;he doesn't know when that report will start.
Murphy–Regarding no alcohol to go,when does that start.
Baxter–The order is effective August 11.
Corbo–Last week the BOH when it issued its order,part was to limit the service of alcohol to diners who are
seated and eating food; that limitation is currently in effect on Nantucket.
Lepore–That order said"food" so people were ordering drinks and eating oyster crackers.
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Minutes for August 7,2020,adopted Aug.20
Santamaria — Read the section of the Governor's order which specifies the food that must be consumed in
order to be served a drink.
Corbo — His opinion is that for purposes of enforcement regarding what was observed and the Nantucket
order, if alcohol is to be served with food, reference can be made to the Governor's order immediately.
Ferrantella — Effective immediate doesn't give restaurants time to get something on their menu; asked for a
24-hour lead time.
Baxter—This part doesn't take effect until August 11. There are all common victualers,and they should have
that available as part of their license.
Fee—Asked what this means for Cisco.
Baxter—The State gave us the authority to determine if the mobile food unit constitutes a food service permit,
which it does. Customers will have to order food at the same time; they will have to be eating as well
MacNab—He's sure the message will be very clear;we have defined what food is and folks know that.
Bridges —Suggested sending out a letter defining common victualers.
Santamaria—We will do that;we want to make it clear that we had no advance notice either
Gibson—Before this meeting ends,we need to discuss hours for food-service establishments. She also wants
the Chief to mention the Police presence issue.
Ferrantella—Asked if the no alcohol to go includes alcohol with take-out orders.
Baxter— She expects some pull back but believes does —no alcohol to go at all. She will send a quick not to
get clarification.
Santamaria — He recommends everyone watch the press conference after this meeting. The Governor was
adamant: with food, at the table, no to go;he specifically called out Towns that were reported to him.
B. Review of Enforcement
Discussion Pittman —We've been getting requests to have an official presence in the Board Street areas after
9 p.m.;the later it gets,the more crowded and disorderly it becomes. It's not just the lines.The issue
is staffing; CFOs are not hired or trained to do crowd control He's 7 bodies short of full-time
officers. An expected outcome of Police officer downtown is someone will get arrested; there is
always someone who partakes of rude and unruly behavior. Recommends closing the strip
establishments at mid-night along with other establishments. Police officers are not necessarily the
right"tool" to deal with social distancing and mask violations.
Baxter—The main group of people are teenagers in packs;they are the ones who don't have masks.
Some of the restaurants have hired doormen to help with the lines. If Police go down there,we clear
people out.
Fee — He's seen with presence downtown the people listen. The businesses are also shorthanded
and he's hearing from businesses that there needs to be a presence. Suggested closing Children's
Beach at night;if someone gives police flack, arrest them so they pay attention.
Pittman—He needs clarification as to what the Police should do: sit in cars or manage the crowds.
Fee—This is why he's asking for a written enforcement plan. If someone is in line,it's the business
responsibility;if they are loitering, that's where the Police step in.
Bridges — Would help to know exactly what restaurants are doing to manage their crowds and
possibly coordinate that with the gathering limit.
Gibson—Gatherings don't apply to people in lines. Random groups of people is not an organized
gathering.
Corbo — He agrees with Ms. Gibson; the gathering order applies to an organized gathering, not
people in line. Referred to the Governor's order. He believes social distancing requirements and
wearing masks do apply and it is the duty of the business to enforce that. The Town of Nantucket
could create its own definition of a gathering.
Murphy — One is the concept if is we should require take-out only restaurants should close early,
which would both help enforcement; the other concept is to support our businesses. She isn't sure
it is the business' responsibility to be wearing masks and being 6 feet apart. Kids aren't going to
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want to be around when there is office presence. She relies on recommendations from people who
know about public health.
MacNab—There are two issues: enforcement—a discussion between police and Select Boar—and
businesses closing early. He will defer the Police presence to Select Board and staff. Asked Mr.
Santamaria about masks and social distancing.
Corbo—The DPH May 1 guidance for wearing masks in public lines,it states they must wear masks
and maintain 6-feet separation when in lines.
C. Review of Restaurant/Food Service Hours per July 30,2020 BOH vote
Discussion Santamaria — His recommendation last week was for early closure for take-out establishments in
line with the restaurants. The BOH can put in a curfew but then we have to expect the pushback.
Murphy — The pinch points are between 8 & 11 p.m. We don't have a Thurs-Sat issue so much.
Also thinks things won't slow down heading into Sept because schools are being delayed and families
will continue to be here all through Aug.She doesn't support closing earlier than 12.Communication
on line enforcement and presence will help.
Ferrantella—We've stressed we won't be stricter without a sharp rise in cases. She's hesitant to put
something forward that isn't backed by data or spike in cases.
Cooper—He's been up and down Main Street every day;there's no way everyone is wearing a mask
or observing social distancing. He doesn't think you'll get everyone in the lines to wear a mask and
maintain 6 feet apart.
Lepore—There is an issue of people wearing masks and doesn't know how you would enforce the
6 feet.
Murphy — She also doesn't want to buck a recommendation from Public Health; but wants to
understand if community transmission isn't happening and it isn't high risk.
Santamaria—As he has previously described,all of this is about behavior;explained how behavior
impacts possible community transmission. During the day, the greater majority of people are
wearing masks;at night after leaving a restaurant and drinking,the majority of people are not wearing
masks.
Pittman—We have completely changed the landscape: businesses are closed so everyone is on the
sidewalk,where people used to congregate.We've displaced some of the parking down there.We've
got restaurants on the sidewalks,which run into the lines.We have tensions in the community from
the situation and changing rules. The later you go at night, the more alcohol fueled the problem
becomes;last year,that was spread out more.The only tool we have to use is the obstruction of the
sidewalk; if someone refuses to move along and providing a false identity, those are arrest-able
offenses.
MacNab—He agrees with all the points he's heard;the problem is we don't have a manuaL A year
from now, this would be easy. We have to do something;he supports early closing.
Cooper— It seems the biggest problem is the mask and people in line; he agrees the police aren't
responsible for that.We have to decide whose problem that is. He doesn't support early closure.
Murphy—She'd like to see what happens under the Governor's new order rather than closing those
businesses early.
Stephanie Cunningham — Suggested that the business issue numbers; people could then wait
across the street.
Baxter—That is where we are asking businesses to rethink their operations;then we can help define
the space.
Fee—There are apps that can be used to let people know they can pick up orders but that takes a
bit to get into place. Closing half the alley and getting people partially into the street is a good idea.
This and next week are our peek then people start tapering off;the next three weekends is what we
have to focus on.
Bridges —Asked if the officer presence is a response to the Select Board.
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Minutes for August 7,2020,adopted Aug.20
Pittman — The Select Board requested it. He and the Town Manager have had discussions about
this. No one anticipated we'd have this many people this summer,we got everyone.
Fee—We have to figure out that if it isn't the Police,who is it.
Pittman — There a couple of issues here: in an ordinary year, we hire 41 seasonal staff; however,
this year we got three. Reiterated the problems with being understaffed regarding police officers.
Right now,it will take forced overtime to cover downtown at night. A lot of enforcement has to be
an administrative function along the Strip;reviewed possible solutions aside from Police officers.
Fee—If a business closes down,he thinks the "bubble"will push to other parts of Town.We need
to find a way to accommodate the businesses, that way we know where the problem lies. What
changes can we make structurally.
Murphy—She likes the ideas of block South Beach Extension and half of Broad during the evening
when traffic and loading aren't impacted. These recommendations combined with closing earlier is
an effort to disperse thecrowddowntown;she is beginning to support early closure to help manage
the crowd. We have to have a collaborative attitude with the businesses.
MacNab—Closing the businesses early will help the Chief and the Island.
Ferrantella—Closing per the Chief's recommendations,allows room for people to be 6-feet apart.
Asked if it's just the Strip having issues until 2 a.m.
Baxter—Around the Island there is more space for distancing,there is limited space in this area.
William Grieder — Thanked Ms. Murphy for rethinking her stance on closing early. We rely the
BOH and staff for protecting the Island. The behavior of the few will impact the majority. The
businesses need help and public officials need to listen to paid staff about suggestions on what needs
to be done.
Murphy—Asked if a SB recommendation is needed for closure.
Bridges — If the SB want to close a street or portion of street, we ask staff to do that. We need to
decide what level of enforcement we expect from the Police Department.
Gibson—Steps are being taken to close South Beach Street Extension. Lower Broad will take time
to get into place.
Discussion about closing a lane of lower Broad Street between easy Street and the intersection of
South Beach extension.
Pittman—Reviewed how he will have a Police presence downtown this weekend.
Gibson—Effective immediately,we are working on our South Beach closure,more police presence;
see how those go over the weekend and Select Board will revisit lower Broad Street on Wednesday.
MacNab—We are looking at 12:00 closure for all business.
Action Motion that the BOH amend its July 30, 2020 Order relative to restaurant closures as
follows:all restaurants that offer alcoholic beverages for on-premise consumption shall have
last call by 11:30 p.m. and shall close and remove all customers by 12 midnight and that all
food restaurants and food service, whether providing consumption of food on premises or
take-out only close and remove all customers by 12 midnight; it is further ordered that all
restaurants shall not serve alcoholic beverages to any person who does not also order food
as defined by the Governor's August 7`h Order and DPH guidance;staff is directed to strictly
enforce social distance and mask requirements and the restaurants are required to require
customers comply with such requirements; and the Board will revisit the issue at its next
meeting; the new provisions of this Order shall take effect on August 116. (made by:Murphy)
(seconded)
Roll-call Vote Carried 2-1//Lepore recused; Cooper-nay;Murphy,and MacNab-aye
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Minutes for August 7,2020,adopted Aug.20
D. Board Member updates and concerns
1. Murphy—The virus is still out there and a threat to our community. That balances equally with the health of
our businesses.
Motion to adjourn the BOH meeting 2:50 p.m. (made by: Cooper) (second)
Roll-call Vote Carried unanimously//Cooper,Murphy,Lepore, and MacNab-aye
Motion to adjourn the Select Board meeting 2:50 p.m. (made by: Fee) (second)
Roll-call Vote Carried unanimously//Fee,Murphy, Ferrantella, Fee, and Bridges-aye
Submitted by:
Terry L. Norton
•
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