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Town of Brewster
2198 MAIN STREET
BREWSTER, MASSACHUSETTS 0263 1-1 898
PHONE: 508.896.3701 EXT. 1120
FAX: 508.896.4538
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WWW.BREWSTER-MA.GOV
Board of Health Meeting
Wednesday, August 16, 2023 at 6:30PM
Town Hall, Room A
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Health Department
Amy L. von Hone, R.S., C.H.O.
Director
Sherrie McCullough, R.S.
Assistant Director
Tammi Mason
Senior Department Assistant
Board members present: David Bennett, Chair; Kimberley Crocker Pearson, MS, MD, MPH, Vice Chair; John Keith, Penny Holeman, MPH, MA, MS and
Abigail Archer
Others present: Amy von Hone, R.S., C.H.O., Health Director
Call to Order
Meeting was called to order at 6:30PM.
2. Declaration of a Quorum
Quorum present.
3. Recording statement
Noted.
4. Chair announcements
None.
5. Citizen's Forum
None.
6. Pressure Dose letter update
AVH - the office has not received any additional comments or paperwork, submitted to the Health Department, since the last meeting.
DB - recalls from speaking with Amy that there was in package a letter from one party who did comply by providing an inspection/ receipt that the
system was pumped, and the filter had been cleaned.
COA Liaison position update and possible vote
DB - asked Amy to lead discussion
AVH- conversion was put on hold from last week as the Board waited for Penny's ability to participate. Amy has received a response back from the
Town Administration as to what the possible process can be for this Board to officially create a COA Liaison. It was recommended that the BOH use the
Select Board Liaison Policy. If the Board is comfortable with the Select Board Policy from 2020, then we should take a vote on moving forward with that
same policy. Amy will bring it back to Elton Cutler and COA Board to have them do the same type of process and approval before it becomes formal and
official. It still needs to be a multi -step process.
DB - did Penny have a chance to read the response from Amy?
PH - has not read the response but will do so today.
DB - should we proceed with accepting a motion to support the Committee with regards to this position and Penny being the liaison to the COA.
KCP - Do we first need to adopt the Liaison policy and then we need to Vote on the position of the Liaison?
AVH - We can vote on appointing Penny as the Liaison with agreement from the COA. There was a verbal agreement from the COA.
Motion: Vote was to appoint Penny Holeman as the liaison to the COA
Motion: John Keith Second: Abigail Archer Vote: 5-0 Action: Motion carried
8. I/A Enforcement Discussion
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DB — confirmed that everyone reviewed the information in the package. What you have in your packages, is what Amy produced as part of the previous
package, the spreadsheet shows the most recent average total nitrogen numbers for a select group of properties. We identified these properties to go
through the approval process to screen whether a letter should go out to the property owners as was adopted by the BOH.
DB — I must first recuse myself from any decision or vote as I was affiliated with one of the companies mentioned
DB — I would like to go through these one at a time using the spreadsheet that we have and then take a vote with regards to issuing a letter
DB — we are trying to keep these as anonymous as possible, I would ask you to refer to any specific project by the identification/permit number. In your
package there was the flow chart for the compliance and monitoring I/A systems.
PH — are we going to approve the flow chart, or has it been approved?
DB — it has been approved
PH — Currently the wording is: "Is property outside Zone 2". It should read: "Is the property inside Zone 2". Dave will make the update to the flow chart
from outside to inside on the second box in the left-hand column.
DB - This change should not take another vote
DB — Amy has done a nice job of compiling the sensitive information and summarizing.
AVH — We have not done a formal vote on the letter
DB — We need to take a vote on the wording of the letter from the 8 16 23 meeting and follow the process outlined in the two flow charts with the new
addendum wording from outside to inside
Motion: Vote was on the wording of the letter
Motion: Abigail Archer Second: Penny Holeman Vote: 5-0 Action: Motion carried
Brew MCG039
DB — Turn to Page: Sample I/A Systems and Systems Out of Compliance.
DB — Brew MCG039 — FAS System
2018 Installation of a Micro Fast, property which is in DCPC in Pleasant Bay and Herring Run Water Sheds
Maximum 19 or 25, micro grams
Because of the size of the Lot, they can go down to 19 micro grams, it is based on the square footing of the lot, depending on the square
footage of the property you can request a reduction of nitrogen based on the square footage of the lot. 40,000 square feet for a 5 bedroom
and then you adjust down from there.
DB - Based on the Plan for this property the number of bedrooms approved: 4 on 18,000 square foot lot
- This is a 19 part per million system, and this was limited to two bedrooms because they only have 18,000 square feet
AVH — looking at System Design calculations — daily flow is at 200% capacity for the tank. However, what they have done on the plan and the System
Design Flow is for 2 bedrooms the leaching capacity is for 3 bedroom and this was based on the 1995 Title V capacity.
DB - Do they have enough square footage for a 3 bedroom?
AVH — No, they do not have enough square footage.
AVH — The easiest way to calculate is to calculate backwards. A 6 bedroom requires you have 40,000 square feet which is 6666 square feet per
bedroom. 3 bedrooms would require just under 20,000 square feet.
- This location does not have enough square footage to support 3 bedrooms. They can only have 2 bedrooms.
DB — are we looking at 25 or 19 parts per million, they do have enough square footage for 2 bedrooms.
DB — systems have different capabilities and some need to be at 19 where others can be at 25
The checklist was reviewed for this property and it was determined that a letter should be issued.
Will this system meet the new Title V requirements? No
The median number is 30, we are looking for something between 19 and 25 parts per million
DB - We do not know the efficiency or the occupancy of this property
DB — I would accept a motion to issue a letter for this property.
KCP — It is in a future NSA area and a current NSA area and DCPC.
KCP - If the fix for the system is pricy based on the Watersheds that we are talking about they might need to be told that unless Brewster gets a
Watershed permit as it relates to the Herring River, then they will be forced to upgrade their system. They need to look at it from a cost benefit
perspective. We can assume that we are going to have a permit for the Herring River but if that does not happen, they would put a lot of money into the
system.
DB —there was commitment that there would be watershed permits and we would share costs. Who and how it gets picked is something the joint
meeting with the Select Board will need to answer?
DB — we are trying to prove that technology does exist and has full approval which it does not.
JK —We expect that there will be a Herring River watershed permit. We are looking to add the permits over the next 5 to 7 years.
DB — we do have several alternatives: we could buy credits from Harwich and this would not be an issue
JK — we could easily find out that the nitrogen removal within the various water bodies in the Herring River Watershed are such that the existing
properties do not need to do anything.
DS —that is a discussion that is being held at the Wastewater Task Force right now. I just learned today that these overlapping watersheds have a partial
contribution for each one and I think what we must keep, the committee must keep in mind that we have to account for build out and we cannot have any
more nitrogen. We either deny people any rights to build on vacant property or we must reduce nitrogen across the board. Because you cannot add a 4 -
bedroom house with 10 milligrams per kilograms of nitrogen with an I/A System and still maintain a level at 0 nitrogen balance. It is very problematic.
JK — And there are lot of alternatives
AA — These are big decisions ahead for the property owners, and we want to make sure that we are not be leading them astray or not giving them all the
information. We went back and looked at the letter and I think we are directing them to bring your system into compliance. You should speak with your
wastewater system operator with regards to any deficiencies. Go talk to an expert and if the expert is recommending to not use this system, then you
have other options.
KCP — What are the odds that these people who have received a letter will be calling the Board of Health and how will the BOH be addressing the phone
calls?
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AVH - Based on the response or lack of response from the Pressure Dose Letter I am not expecting a lot of phone calls with regards to these letters.
And I agree with Abigail that we should direct the homeowner to reach out to their wastewater system operator and determine why they are not meeting
the requirements and determine next steps.
KCP - Is it possible that the operator might say to them that they need a new system?
AVH - I doubt it.
KCP - Okay, that was my concern. They could be told now that they need a new system and in two years, whatever happens, they could be told again
that they need a new system. I think we want to be as conservative as possible. Maybe we want to generate some sort of a grace period pending the
decision of the town as to which direction they are going to go watershed versus individual homeowners.
AVH - and I agree that this Board should be sensitive to all these issues. There is still a big question mark.
DB - I think the intent of this letter and the discussion with the engineers is to bring this all out the problem is we do not have any directive, so we do not
know what our solution is. We cannot say "we are going to need 70 I/As there because there are 60 lots and how are we going to do that'. Which is the
problem in other places.
DB - the idea is to engage and inform them to have consultations with their representative to do the right thing for us but right now we have an
outstanding approval for meeting 25 and they are not doing it. The intent is to have these discussions.
DB - this letter is not an enforcement, but we are asking them to engage us in the discussions because we are going through all of this in the context of
the new regulations, but you are not meeting the current regulations. You need to understand you have an obligation on this lot that needs to be
addressed
AA - what about customer that find out later that they could have tested out an I/A system? Had we known about this opportunity we might have made a
different decision. Is there a role for us to put in a one pager about the new Title V regulations along with this letter? This would show that the BoH had
done their due diligence in letting them know that there are changes coming.
DB - there was a letter that was supposed to be going out to all homeowners stating what this regulation would mean to them and who might be affected
and what the general concepts are which will be reviewed during our Monday meeting with the Select Board.
DB - The Title V gave a way to any new systems installed in the past 5 years. Correct?
AVH - I thought it was less.
DB - In the next 5 years we need to meet this requirement. This conversation is to bring the awareness under the new Title V regulations in the context
of what are the alternatives.
Motion: Vote was to issue the letter
Motion: John Keith Second Kimberley Crocker Pearson Vote: 5-0 Action: Motion carried
Brew TH0007ADV - 2006 Installation of an Advantics AX20 Property is in Zone 2 DCPC and Pleasant Bay Watershed
- Review property against the two flow charts
- Summary of the analytical results with a median of 30.85
Motion: Vote was to issue the letter
Motion: Kimberley Crocker Pearson Second John Keith Vote: 5-0 Action: Motion carried
Brew OLD078 200 Installation of a Single Air System Property is in a Zone 2 DCPC Private Well and Cape Cod Watershed
- Reviewed what is Remedial Approval does not require the same level of testing
- Reviewed property against the two flow charts
- Summary property is within a nitrogen sensitive area; it does not meet the 300 -foot requirement
- Has a private well did meet the 4 -bedroom 40,000 square foot requirement
- Just doing a straight upgrade but they are on an undersized lot
- This is a seasonal property total nitrogen is below the defined limits
- If we do not send the letter, we would not exempt them from further testing.
- Might want to ask for well testing to be done. Past test show nitrates less than 1 %. The well is between the pond and septic system
Motion: Vote was to NOT issue the letter
Motion: John Keith Second Kimberley Crocker Pearson Vote: 5-0 Action: Motion carried
BREW LON159
John drove the discussion as David had a previous relationship with one of the companies mentioned
Limit of 19 and the actual numbers reported have lows of 8 to highs of 79
Reviewed the property against the flow charts
This is an older system: a BioClear System and the company does not do residential installation any more
15,000 square foot lot and was designed for 2 -bedrooms and is in Zone 2 in the DCPC
The I/A system gave them the option to have a 2 -bedroom otherwise they would have been limited to a 1 -bedroom
Could be a seasonal property and is beyond capacity during the summer season.
The nitrate levels for 3 of the last 5 years are very high
Motion: Vote was to issue the letter
Motion: Kimberley Crocker Pearson Second Penny Holeman Vote: 5-0 Action: Motion carried
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9. Liaison Reports
Opioid/Narcan updates
KCP — recapped what was reviewed during the last meeting and new developments with regards to regulatory changes
There is new acute treatment which includes Narcan (Naloxone) which is now available over the counter. Currently your insurance will pay for the
Narcan until the end of September 2023.
There is a new campaign out of the DEA called the One Pill Can Kill initiative which is targeted to young adults.
Based on the information from the last meeting we have the go-ahead to make a brief informational video for the town website.
KCP will be working on the video which will include a few slides with a voice over and will include how to access Narcan and how to administer Narcan
when dealing with an Opioid overdose. The video should be up on the website by next month.
JK — talked to two people who have interest in this topic: 1 an EMT in Orleans and 2 CEO of lower Cape Outreach. The EMT stated that the EMT, Police
and Fire Departments should all always keep Narcan available. If we had the money, how could we get Narcan to the people or the families of the people
at risk.
KCP — talked to a CVS Pharmacist that does presentation to kids about the dangers of Opioids.
DB — Narcan is the reactive way to save lives, what we need to do is educate the public.
DB — are there Fentanyl test kits? Is there a way to identify Fentanyl laced products?
KCP — there is color assay test which goes along with the 5 -panel quick screen.
KCP — does not know the cost of the test but it used in the field and emergency room.
DB — this is the leading cause of death among young people
KCP — it is a designer drug that sole purpose is to get you addicted
KCP — selling is now done by cell phones and all done by errojis which has made enforcing the laws that much harder
KCP — the One Pill Can Kill presentation is going out to schools to help raise awareness
KCP — DEA has put a lot of work into the One Pill Can Kill campaign.
DB — looking forward to hearing updates on the program with regards to our allocation of funds.
Water Quality Review Committee
DB — asked John for update
JK — group is not meeting until 8/25
DB — there is a mound/sandpit across from the Captain's Golf Course that looks like it is being refurbished
Health and Human Services/ COA
PH - during our last meeting there was a great deal of interest in the new watershed regulations that became effective in July. People want information
and they do not know what to say to a potential buyer. We have a meeting scheduled to work on this next week.
DB — I am not surprised, and I am looking forward to a statement being made by the town that you can paraphrase without going out on a limb.
DB — I was surprised that the letter was not included in the package at Thursday's meeting. Were we expecting that an announcement was going to go
out?
KCP — next meeting is on Thursday where these items will be reviewed, and the joint meeting will be the following Monday.
JK — Mark Nelson is working on the supporting presentation
Recycling Commission
AA — recycling commission last met on July 18th and they have not met since that time so there is no additional update.
DB — on the Wastewater Committee we continue to meet and will make a presentation to the Selectmen which will make an update on policy and how we
are proceeding with these items. This will include a statement to the public and a commitment by the town to address these issues one way or another.
There will be more to review during the next meeting.
DB — I would encourage you/Amy to ask any questions that you have during those meetings or bring into perspective what the Board of Health issues
are, what are the capacities we are in enforcing I/A Systems.
AVH — will everyone be able to make the meeting on the 26"'? All responded yes.
AVH — the meeting start time is 6:00 PM however the agenda has not been published
DB — confirmed this is a joint meeting
10. Matters not reasonable anticipated by the Chair
None.
11. Items for next agenda
- Using Hawaii as an example — what is our local fire plan from the human perspective, can we put this on a future agenda based on draughts
and some fire activity at Nickerson. What is our plan for turning off our power grid if required? Should we request a letter from Eversource for
the plan, but we should ask the fire department first. Amy will check with fire and provide an update.
- Warning systems for alerting Brewster residence
- Wildfire prevention plan, for example -controlled burns
12. Next meeting: September 6, 2023
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Noted.
Informational items noted.
Meeting adjourned at 7:42 PM.
*Accompanying documents in packet: Agenda, Opioid information, informational items
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