Provincetown Board of Health
Special Meeting
Monday, September 26, 2005
Members Present: Jerry Anathan, Matt Damon, Dan Brown,
Duane Gregory, Ken Janson
Members Absent: None
Health Agent: Jane
Evans
Health Inspector: Brian Carlson
The meeting was called to order at 12:01pm.
Motion: Duane Gregory offered a motion to take the Enforcement of Oil Tank Replacement Requirements agenda item out of order. Matt Damon seconded the motion. It passed 4-0-0.
Enforcement of Oil Tank Replacement Requirements
Ken Janson joined the meeting at this point.
Jerry Anathan stepped down.
Duane Gregory felt that the sudden enforcement of the regulation was unfair to property owners who are in the process of closing a sale. She recommended that the board consider modifying the regulation to allow those in the process of closing to finish the transaction without having to meet the requirement.
The Health Agent and Health Inspector both informed the board that a series of oversights caused the regulation to not be enforced and that the fire department had no choice but to start enforcing it as soon as the error was caught.
After researching the applicable state regulations, the board determined that the regulation requiring the replacement of oil tanks at the time a property transfers ownership is a local Board of Health supplement to state regulations. Therefore, the board has the authority to amend its regulation to postpone the effective date of implementation.
Motion: Duane Gregory offered a motion to amend Part III, Article 2, Section 2 of the Provincetown Board of Health Regulations as follows:
· Replace the first sentence of the fourth paragraph with “At time of replacement, all AGTs shall be replaced with double walled fuel oil storage tanks or shall provide 110% containment capacity to prevent contamination from leaks that may occur.”
· Insert the following as a new paragraph after paragraph 4: “Effective January 1, 2006, at time of property transfer all AGTs that are not double-walled or do not provide 110% containment capacity shall be replaced.”
Ken Janson seconded the motion.
Dan Brown felt the time frame was too lenient. He argued that the board’s primary concern should be to protect the public health and the environment and that 14 weeks was too long to delay enforcement, especially during the season when old oil tanks are likely to do the most damage.
Motion: Dan Brown offered motion to change the effective date in the proposed fifth paragraph to October 27, 2005. Ken Janson seconded the motion. It passed 4-0-0.
The underlying motion (offered by Duane Gregory) passed 4-0-0.
Duane Gregory asked the Health Agent to contact the Banner to see if they would run a story on the requirement in addition to printing it in the legal notices.
Board of Health Fee Increases
Jerry Anathan left the meeting at this point.
Motion: Duane Gregory offered a motion to recommend to the Board of Selectmen that the proposed fee increases (attached) be approved with 50% of the total increase effective upon publication and the remaining 50% effective January 1, 2007. Ken Janson seconded the motion.
Motion: Dan Brown offered a motion to add “In order to protect the public health and environment, the Board of Health fully expects the fee increases to be used toward the goal of maintaining a fully staffed health department (one full time health agent and one full time health inspector). Matt Damon seconded the motion. It passed 4-0-0.
The underlying motion (offered by Duane Gregory) passed 4-0-0.
Adjournment
Motion: Duane Gregory offered a motion to adjourn. Dan Brown seconded the motion. It passed 4-0-0.
The meeting adjourned at 1:10pm.
Respectfully submitted,
Dan Brown
Approved by ____________________________on ______________, 2005.
Dan Brown, Chair