KINGSTON BOARD OF HEALTH MEETING MINUTES The Meeting of the Kingston Board of Health was called to order by: Chairman, Joe Casna, In attendance were: Vice-Chairman, Bill Kavol, Jack Breen, Dan Sapir, Bill Watson Absent: Henny Walters, Health Agent 5:00 Meeting called to order by Chairman, Joe Casna Departmental Bills Reviewed Joe Casna said, the Board is here tonight to review the Draft Scope for the sound study. Motion: Dan Sapir Kingston Board of Health through its Health Agent locate several Acoustical Engineers that Board of Health could interview and select one to work through the process. Second: Bill Watson Discussion: Jack Breen said he couldn t disagree more now at the 11 th hr, we are back tracking. Now we need to look for an engineer after we have spent weeks with CEC and DEP and now we are going to undermine that process? Bill Watson said what we are looking for is somebody to work for us. Bill Kavol said we need money, wouldn t we have to go through the Selectmen first? Dan Sapir said, if we rely on the DEP, who hasn t been able to get us a meter. Joe Casna said there has been no formal request by our office to get a meter from DEP. (Laughs from the audience.) Dan Sapir said, regardless of what the DEP does or does not tell us we are dealing with big money. We need this layer of protection for us and to give us somebody to give us advice, that is working for us. If we don t take action on this we have just pushed it further ahead and that is what is frustrating about this process. Joe Casna said I don t know about that, if we take action on this, I think it would be just pushing it further behind. Vote 3-2-0, opposed, Jack Breen, Joe Casna, Bill Kavol Joe Casna said, we are here to review and make recommendations. Jack Breen said, excuse me just to end that comment at some point in time during the study, if there is a legitimate complaint about the methodology, I would not be at all against revisiting that motion. Dan Sapir said you are talking like we know something about all of this stuff and we don t. You have got three or three and a half pages from CEC, and say I read this over and it looks pretty darn good to me. When in fact we can read those pages and not know what they are saying.
Page #2 6:30 Recess Jack Breen said he is very unhappy with this study. I wanted this to be a four season study, I wanted the folks in the neighborhood to ask specifically where those instruments should go, in a bedroom, on the roof, on the deck, it has to be a four season study. I want to be certain if we get a loaner, is the issue of an unattended monitor acceptable? Joe said, March 15, 2013 the Sound Study will be finalized. Mark Beaton- spoke about a copy that is on the Town Web Site Tom Calter has a document that is available. Doreen Reilly, 3 Leland Rd. she spoke on the acoustical study that was done and also showed a video that was taken at her home. Malcolm Donald - Falmouth spoke about Falmouth turbines. Chris Senie, Attorney Spoke again on the Country Club Way wind turbines. Motion: Joe Casna to reconsider to hire acoustical engineer to assist us Second: Dan Sapir Vote 5-0-0, unanimous Motion: Dan Sapir to set the gears moving to begin the process seeking out acoustical engineers with the express purpose to assist the Board in evaluating data that begins to emerge as a result of various studies that will be done by various agencies. Second: Bill Kavol Discussion: Bill Watson on the condition that DPH, DEP if their assistance is not going to be provided. Vote 4-1-0, oppose Jack Breen Dan Alves 4 Leland Rd. Joe can you ask DEP to do compliance check? Bill Watson wants Joe Casna to call DEP and ask them to do a compliance check and to get us the meters. Back from recess
Page #3 Dan Sapir said it should also be noted we have use of this room beyond the 7:00 o clock hour Mark Beaton Information from Tom Bott, which is very informative information an 18 page document. Sean Reilly 3 Leland Rd. asked Mark Beaton where is the flicker study? Mark Beaton stated in the past I have said, that if you go into the original plan when we applied for a grant, it is in that documentation, when we did it, who did it, it is all available. Go on the web site for green energy and you ll find it. Mass Technology Collaborative where we got the original grant they did all these studies on sound, wind, flicker, ice throw. This is a study on the wind turbine at the landfill. John Veracka - 33 Prospect St. spoke on the flicker he is getting at his home. Tom Bott Town Planner spoke about shadow flicker, he has an informational packet to be handed to the Board. Also, this 18 page document is on the town website. Joanne Levesque Duxbury, spoke again about the Town of Bourne and their Wind Turbines. Joyce Haley Prospect St. Spoke again about the shadow flicker she gets at her house. Dan Alves 4 Leland Rd., spoke again about his son having epilepsy and he is concerned about the shadow flicker. Joe Casna asked Tom Bott what would it take to do a flicker study? Tom Bott said, they have software the price is approximately twenty six hundred dollars. Jack Breen told Joe Casna to make a call to DEP. Doreen Reilly flicking the light switch and trying to speak over Mr. Bott, he is trying to make his presentation. Motion: Dan Sapir I will make a motion to shut it down until issue is alleviated, do I hear a second, no?
Page #4 Motion: Bill Watson to set a date for Public Hearing to regulate shadow flicker adopt regulations Discussion: Dan Sapir said we should really have special counsel advising us and we should have an acoustical engineer in doing this, there is no point in doing this unless we have the means to identify and articulate our decision. I will second that if you include that as an amendment. Second: Dan Sapir Discussion: Jack Breen said, Dan countered with grandfathering, Bill did not accept that. Joe Casna said, we cannot take this vote because we previously voted at another meeting not to take any action on regulations. Bill Watson said, I thought this was an information gathering to go forward with a regulation. Dan Sapir said, that previous vote Joe would have no effect on this. Joe Casna said I was just pointing it out. Bill Kavol said he has no comment and asked Jack Breen what his ideas on this are? Jack Breen said, he thinks it is just a paraphrase of what everyone here is seeing the Board troubled with. At least three or four people want a check of information and you don t accept that we are not accepting your non objective information, we apologize we want a scientific study. Inaudible everyone talking at once. Jack Breen said we need to get the data and then form our regulation, why write the regulation without any data. Dan Sapir said, Bill you are trying to establish a committee you are not expecting to go to your first meeting with regulations in place. Bill Watson is trying to get public information we will have a couple of meetings first one will be public input how much flicker and the location, we adopt a regulation, then set up a date for the next meeting. Joe Casna to schedule a meeting that will consist of a public hearing pertaining to regulation of the flicker of turbines. Vote 4-1, no Jack Breen Board Members are trying to set up a meeting date for the Public Hearing, Doreen Reilly interrupting members discussion asking for Board to meet on a different night then Monday. Bill Kavol would like to see some medical evidence from their doctors stating the illness is caused by the turbine. Doreen Reilly said, Mrs. Wheeler had a letter from her doctor at last meeting, Jack Breen said it did not state that the turbine was to blame, Mrs. Reilly argued with Mr. Breen about issue. Mrs. Reilly said, she knows for a fact that is why Mrs. Wheeler is on medication. Jack Breen said, we should not be discussing this. Mrs. Reilly called Mrs. Wheeler, Mrs. Reilly yelling out to the Board Members stating that Mrs. Wheeler will bring in the letter to the BOH Office the next day.
Page #5 Motion: Joe Casna said, what if the BOH communicates with the BOS asking them to direct Town Counsel to enter into meaningful negotiations with the developer of the turbine, our business partner towards mitigation with the operator of the turbine in period of shadow flicker. Discussion: Dan Sapir Second: Bill Watson but he still wants a public hearing. Vote 3-2-0, no Dan Sapir, Jack Breen Motion: Dan Sapir to adjourn Second: Jack Breen 8:55 Vote 5-0-0, unanimous Adjourn, Respectfully submitted, Linda G. Randall, Clerk _ Çwt ZA etçwtää Kingston Board of Health