HomeMy Public PortalAboutBoard of Health -- 2016-10-19 Minutes TOWN OF BWSTERofF We OFFICE OF
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BOARD OF HEALTH MEETING
WEDNESDAY OCTOBER 19,2016 AT 7:OOPM
TOWN HALL, ROOM B
Board members present: Carmen Scherzo,DVM,Chairman;Annie Dugan,RN and James Gallagher
Board members absent: Mary Chaffee,RN,PhD and Joe Ford
Others present:Nancy Ellis Ice,MPH,CHO,RS,Health Director and Tammi Mason,Senior Department Assistant
1. Chairman's announcements
VNA will be holding a flu clinic on 11/3/16 from 10-12 at Our Lady of the Cape Church.
2. Discuss and possibly vote on the draft Pond Nutrient Regulation
Dr.Scherzo stated that he had received 2 letters with comments. One from Mark Nelson,Horsley Witten Group and Harvey Dahl,54
Wynn Way. At the October 5",meeting the Board members were asked to put their comments in writing to discuss at this meeting.
Mrs. Ice read Joe Fords email to the Board.
Mr. Gallagher-not ready to approve this regulation as it is right now. It needs a lot more work,or maybe it just needs to be tabled
until another time. He had the following comments:
Pond and Lake Definition-the one we were using greatly expands the scope,a thought was to change to Mass DEP definition of
Pond definition-strike"less than 10 acres". Would look to the Wetlands protection definition.
Surface water definition-wetlands are included in the surface water definition,the current setback is already 100 feet,CMRIO:15,
they specify that wetlands are not included in their surface water setbacks.
Section 6.1.2 developable lot language. Remove"developable"or reword it to mirror zoning language.
Composting, Section 9-seems like a throw in type of regulation. Doesn't see how this fits in with a septic system regulation.
Education is a better way to go,should consider dropping it.
Section 8A—pumping every 3 years. May not be necessary for all people. Would Re to see it modified.
Vegetated buffer 8.3- does this really belong in this reg. More of a Conservation Commission area.
Separation credits-this could be tweaked and maybe this could be the area that a breakthrough analysis could be looked at.
Compliance certification-what's in our current RETR language?How do we figure out if the system is compliant or not.
Financing-if we move forward with this,we should look into options for any upgrades for financing.
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BOH 10/19/16 Minutes
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Ms.Dugan stated that she was not ready to vote on this proposed regulation at this time,but offered up the following comments:
Believes that a legal review should be done before the Board goes any further so that they know if what they are proposing is legal.
Suggested that a small sub-committee of 4-6 individuals could meet a few times a month to craft a regulation that is clear. Suggested
a 2-3 month timeline.
Questioned the wording of"failed"vs."non-compliant"system.
Stated that the definitions needed definitive work.
Public education is very important.
The full Board should be voting when a final regulation is ready,
Looked at all the points people made.
Dr. Scherzo talked about the following issues he has with the regulation;
Believes with all the variances granted since 2006,that conventional systems are doing a pretty good job.
Drip dispersal technology with regards to phosphorus breakthrough.
No provision in the proposed regulation that prevents a replacement system from being installed in the same location as the previous
system.
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Pressure Distribution isn't as good of a system.
Utilization of the B horizon is problematic. Believes that the vegetated buffer requirement should go through the Board of Selectmen
and a Town vote,
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Up gradient areas need to be further identified.
Reviewed the Presby system and Cultic system and these utilize a smaller horizontal septic system footprint compared to a
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conventional Title 5 system.
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He compared the cost over 40 years for 3 different systems and made a fact sheet. 1
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Recognizes the Board's hesitation to use the phosphorus breakthrough analysis. He met with David Johnston from DEP and shared
the PBA with him and he said he would forward it to the office in Boston. Mr. Johnston suggested that he talk to the Cape Cod
Commission. Tom Cambarari will be reviewing this also.
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Will keep the board informed when he gets word back fi•om these agencies. He doesn't feel that the Board needs to rush into this.
Thinks the Board should wait until all information is back from the different agencies.
Asked about a special meeting when all 5 members could be present,
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Ms, Dugan thinks Town Councel should look at this right away and let us know if there are certain things that we can't do.
Mr.Gallagher also thinks the full board should be present for discussion and voting, He is not opposed to tabling it,putting it off a
few months or even making a sub-committee.
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Dr. Scherzo asked if there was any public comment.
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BOH 10/19/16 Minutes
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Daughtiy Dyson,Canoe Pond Drive had comments about what the Board was discussing.
Marty I.ucindy-183 South Pond Drive. Thinks the Board is handling this the right way.
Rick Judd-thinks that Mr,Gallagher's comments were strong. He spoke about Ms. Dugan's comments about the regulation being E
legal. He encourages the Board to look at the greater surface area.
Asked about the authority to do this without a public vote.
He asked about the financial impacts on the homeowners.
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Dr. Scherzo stated that he was not sure that the regulation as it stands now,would be ready for a Town Counsel review.
Motion: Continue this discussion of the regulation until the Nov. 1611'meeting.
No second.
Motion:Have a special work meeting on a night that all members can attend to discuss the regulation
Motion: Jim Gallagher Second: Annie Dugan Vote: 3-0-0 Action: Motion carried
3. Discuss the possibility of developing a Nuisance Regulation
Ms. Dugan stated that she had laid it all out in the computer and could forward it the members if they would like to work on it at
home. She questioned site assignments, Mrs. lee stated that board of health handles that. Agricultural? Ms.Dugan believes the
Board should just be looking at trash and noise nuisances.
Mr.Gallagher stated that if the state law is working and we can use it there is no sense in making our own regulation.
The Board agreed to table this discussion.
4. Discuss and possibly vote on the Design,Operation and Maintenance of Small Wastewater Treatment Facilities
regulation
This is a regulation that the Board has been trying to update, it did go to Town Counsel and they wanted to make several changes.
Mrs.Ice reminded the Board that on July 201x'there was a motion to not act on the suggestions of TC. The intent was to make the
regulation much simpler than the existing regulation. Her suggestion was to stick with the current regulation and have people ask for
variances if needed and add the size into the current regulation(above 2000 gallons per day).
CS spoke about the nitrogen limit.
There was a suggestion to go back to the original regulation and discuss it at another work meeting.
5. Discuss the Town's Remote Participation Policy
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The Board talked about the Selectmen's policy.
b. Discuss the IIA Monitoring Regulation
Dr. Scherzo is concerned that if someone has an UA system and they stop doing monitoring there is no penalty from the board. He
would like to see a penalty added,maybe$30 a month.
NI will draft something and bring back to the Board at another work meeting.
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7. Discuss the process of submitting information to the Board of Health by a Board of Health member
Ms.Dugan would like the Board members to submit in writing to the rest of the Board whatever it is that they want to discuss at the
meetings. She would like them to provide scientific data or state that it is just information and have the Board members naive on it.
S. Sign the Regulation Prohibiting the Sale of Synthetic Cannabinoids and Cathinones
Signed
9. Topics the Chairman did not anticipate
None
Information items noted.
Adjourned at 8:50PM
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