C h i l m a r k B o a r d o f H e a l t h
M i n u t e s
Wednesday, July 6, 2011
Chilmark Town Hall
5:00 pm
Present: Katie Carroll, Mike Renahan,
Absent: Jan Buhrman
Also Present: Marina Lent, Reid Silva (Vineyard Land Surveying and Engineering), Dorothy Packer
Minutes of June 15, 2011 were approved.
Ramsey, Blue Barque Road (17-65) Ben Ramsey came before the Board to discuss the terms of a Tent Permit for his property on Blue Barque Road. The lot is currently unbuilt, and food and water would be carried in. He proposed building a composting toilet for the season, in full accordance with State and federal guidelines. The Board confirmed that this is not a privy, but a contained unit. The Board approved a tent permit, on the condition that Marina Lent will inspect the unit once it is in operation.
Packer, 515 North Road (27.1-97) The Board met with Dorothy Packer, Joseph Medeiros and Reid Silva to discuss a number of issues relating to the septic system upgrade at the Menemsha Market.
Katie Carroll read into the record the attached Letter from Dorothy Packer expressing concern over the minutes of the last meeting of the Board which made reference to violations of Title 5 in the course of installation. Ms. Packer felt that the minutes contained an inaccurate portrayal of what had actually taken place at the worksite and that "I believe that paragraph refers to misinformation with the result that a man’s professional reputation has been injured".
Mike Renahan recounted that he had visited the worksite on the day in question, and had seen the smaller of the two pieces of equipment standing inside the excavated bottom of the leaching area, and he cited Title 5, paragraph 15.246, which reads: "Vehicular traffic and parking of vehicles or equipment in or on the area of the soil absorption system should be avoided at all times prior, during and after construction of the system.” He also stated that, when conditions other than those contained in the approved plan are found on-site during installation, the installer cannot proceed with the installation without explicit instructions from the engineer. He noted that the procedure determined by the Board at its last session, namely to write a note to the file, with a copy to the installer and property
owner, is a routine procedure in situations where a mistake had been made, and does not constitute an order of the Board.
Joe Medeiros asserted that the proper procedure had in fact been followed: when he found a pipe in the course of excavation that had not been noted in the engineer's plan, he immediately ceased operations and called Reid Silva. Work on the system did not continue until Reid had been down to look at the site. A subsequent miscommunication about how to proceed with the excavation had led to the mistaken removal of the pipe intended for blackwater disposal. He regretted the fact that no one had contacted him directly about the matter, but that an inaccurate portrayal of the events had been created.
Reid Silva confirmed that he had been contacted by Mr. Medeiros regarding the pipe found at the site, and that he had gone to the site to view the situation and give direction as to how to proceed. His instructions to remove the contaminated material had been misunderstood, and the pipe had been removed along with the gravel surrounding it.
Reid Silva also confirmed that the geo-grid called for by the Board had been installed, and that the finished site is rated safe to drive on. He clarified that virgin soil above a proposed leaching system is ok to drive on, but that having machinery in the open excavation is discouraged as expressed in Title 5 in order to avoid compacting the soil, thereby possibly compromising its absorptive capacity.
Mike Renahan stated that one of the Board members present at the meeting of June 15, 2011, when the Board first reviewed the question, was not present today, and that the Board would review the issue as a full Board.
Katie Carroll felt that the entire matter had been blown out of proportion, and that it seemed counterproductive to continue the discussion. She pointed out that the minutes of the prior session had not been informed by tonight's discussion, and that the minutes of the current meeting would serve to correct any misapprehensions previously harbored by the Board.
The Board then discussed the fact that the system has yet to be hooked up by a licensed plumber, and is therefore not yet in service. This is a significant problem, as the Menemsha Market was allowed to open on the July 4th weekend, and is operating today, only due to a stringent and time-limited waiver involving multiple and onerous conditions, granted by Chilmark Health Inspector Marina Lent. (inspection report attached). The operators of the Market, Kevin and Elizabeth Oliver, have fulfilled the conditions required of them, as confirmed by frequent 'spot-check’ inspections performed by inspector and board members, but the property owners have not fulfilled their required condition, namely to produce a plumber to do the job within a reasonable timeframe of one week to ten days.
The Board noted that it has taken over two years to complete the required upgrade of this system, and that the Board has repeatedly sought to facilitate and work with the owners to achieve this relatively simple, but critically important task.
The Board noted that it is neither realistic nor in fact can it be considered, to continue to run a retail store like the Menemsha Market without running water. The Board stated that the work must be done by the end of this week. If the work is not completed by this time, the Board will meet in emergency session to take the appropriate action.
The Board suggested that Dorothy Packer authorize somebody else to arrange for a plumber on her behalf. Dorothy Packer responded that she has already spoken to Reid Silva, and has asked him to bring on a plumber to complete the work. Reid Silva agreed to do so.
Vervaet, 33 Bijah’s Way (7-95) The Board noted receipt of a well completion report for the property – however, the potability test shows total coliform present. The Board asked Marina Lent to follow up with well driller John Clark on this matter.
Wiesner, 46 Meadow Lane. (31-11.1) The Board found itself unable to act on an emergency well replacement permit application, as the application was not accompanied by a proposed plan.
Menemsha Boathouse/US CG Marina Lent reported that Tim Onderko, from Langan Engineering, had called to discuss the possibility of meeting with a representative of the firm on Friday, 7/8/2011, regarding construction of the Menemsha Coast Guard Boathouse which had burned down last summer.
Meyer, 15 Azalea Lane (29-6) The Board took note of a Title 5 Inspection of the main and guest houses on the property, conducted by Thomas Pachico on 6/22/2011. The system passed inspection.
As-Built Letter and Plans: The Board took note of receipt of the following as-built letters and plans submitted by Reid Silva: Couch, 46 Stonewall Road, (30-12), Day, (13-43.4) and Slossberg, (13-43.1). Certificates of compliance can be issue for these systems.
BOH schedule during July: Board member Jan Buhrman asked the Board to consider changing its meeting dates for the duration of the MV Film Festival, because she will not be able to attend board meetings during this time period. The Board decided to keep its next scheduled meeting date of 7/20/2011.
Farm Stands in Chilmark: Marina Lent mentioned that it had been brought to her attention by one of the island Health Agents that a farm in Chilmark appears to be offering meat for sale that was not slaughtered at a USDA-inspected facility. While farms are not barred from conducting their own slaughter operation, the meat thus gained cannot be offered for sale. The Board asked Marina to do a review of farm stands in Chilmark, and identify any such violations.
VNA FY’12 Health Services Proposal: The Board reviewed the Health Services Proposal submitted by Vineyard Nursing Association CEO Bob Tonti. While the Board is willing to accept the proposal as submitted, the Board asked for clarification of the 400% increase in charges for the Communicable Disease follow-up portion of the proposal.
DPH grant application for Healthy Eating/Active Living: Marina Lent reported on her work to prepare a wide-ranging grant proposal under the "Mass in Motion" initiative of the Massachusetts Department of Public Health. The Board noted that a direct benefit to the Town of Chilmark should be demonstrated for any major projects undertaken by BOH staff.
Prince, 395 North Road (20-89) The Board took note of an Immediate Response Action Plan submitted by Bennet Environmental Associates, Inc. to the Department of Environmental Protection. The Board asked Marina to follow up with Craig Saunders, who is conducting the clean-up operation, and ask for the current status of the clean-up.
Walk-on Ramp at Menemsha: Mike Renahan noted that a ramp leading from the main dock down to the secondary boat-access dock is dramatically shorter than the ramp it replaced—which makes it extremely steep, especially at low tide. He states that the current ramp is downright hazardous for any but the most agile users, and pointed out that one person has already fallen while navigating the ramp. He noted that a number of regular users will be unable to use the ramp in its current configuration. Katie Carroll felt that this situation constitutes a hazard that should be brought to the attention of the town without delay, and an ADA-compliant solution found. The Board asked Marina to draft a letter to the Board of Selectmen, copied to Building Inspector Lenny Jason,
requesting that this matter be urgently attended to.
Invoices: The following invoices were approved for payment:
- VNA May 2011 $836.00
- VNA June 2011 $968.00
- MVRD landfill grass mowing 50% $625.00
- MVRD Quarterly drop-off contract Q1 FY12 $7,408.72
- Tisbury Printer: MV Agents’ Coalition Hoarding Task Force $60
The meeting adjourned at 18:45 hours.
_______________________ _______________________ _______________________
Katherine L. Carroll, Chair Michael A. Renahan Janet L. Buhrman
Chilmark Board of Health Chilmark Board of Health Chilmark Board of Health
A recording of this meeting is on file at the Board of Health office and available for on-site review.
C H I L M A R K B O A R D O F H E A L T H
Agenda
July 6, 2011
Chilmark Town Hall,
5pm
Minutes of June 15, 2011
Wells and Septic Systems
Ben Ramsey/Nisa Counter (17-65 site# ) discussion of Tent Permit
Packer, 515 North Road (27.1-97) Letter from Dorothy Packer
Vervaet, 33 Bijah’s Way (7-95) well completion report received – total coliform present
Wiesner, 46 Meadow Lane. (31-11.1) emergency well replacement (Chris Alley)
Menemsha Boathouse/US CG sewage disposal discussion, Friday, 7/8/2011
Meyer, 15 Azalea Lane (29-6) Title 5 Inspection received, main and guest houses -- pass
Couch, 46 Stonewall Road, (30-12) as-built received
Day, (13-43.4) as-built received
Slossberg, (13-43.1) as-built received
Miscellaneous
BOH schedule during July (MVFF month)
Farm Stand Permits required
VNA FY’12 Health Services Proposal
DPH grant application for Healthy Eating/Active Living: status update
Prince, 395 North Road (20-89) oil spill cleanup report
Invoices
- VNA May 2011 $836.00
- VNA June 2011 $968.00
- MVRD landfill grass mowing 50% $625.00
- MVRD Quarterly drop-off contract Q1 FY12 $7,408.72
- Tisbury Printer: MV Agents’ Coalition Hoarding Task Force $60
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