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HomeMy WebLinkAboutMicrosoft PowerPoint - Board of Health [Compatibility Mode] imp Board of Health Appointed or Elected Robert Halpin, Town Manager May 3, 1999 �' Board of Health • Established under Chapter 111 • Three members - one of whom must be an M.D. • Unless otherwise provided in Charter, Board is elected under Chapter 41 . North Andover Charter • Our Charter provides for the appointment of three qualified individuals by town manager • Board of Selectmen must be notified • Selectmen have 14 days to disapprove of any appointment. Current Board Composition • One Doctor of Medicine • One Doctor of Dental Medicine • One Electrical Engineer Board ' s Authority • Wide discretion to enact health regulations • Declare and abate nuisances based on facts • Subsurface Sewage Disposal System fil • Assignment of Sites for Solid Waste Disposal and Transfer Board Requirements • Contagious Disease and Vaccinations • Drinking Water Standards • Sanitary Inspections of Local Restaurants • Lead Screening School age children • Health screening and reporting to state DPH Site Assignment of Solid Waste Facilities • Board developed considerable expertise in this area during summer of 1997 • TBI site assignment process — extended throughout the summer — employed numerous consultants and special counsel — denied site assignment based on facts • Denial has been upheld in Superior Court fil � • Current Board no stranger to Site Assignment NESWC Solid Waste Site Assignment • NESWC solid waste facility was issued a site assignment by the Mass. DEP in 1982 • Under state law DEP - not local Health Bd. - issues site assignment for facilities which are OWNED , OPERA TED OR ESTABLISHED �� by state government NESWC Site Assignment • NESWC project is a public private partnership conceived and established by state government • 23 Northeastern Mass communities pay all expenses and "own" all revenues from the plant • MRI under contract with the state to build and operate the plant for 20 years. • At expiration of 20 year contract - MRI owns the plant NESWC Site Assignment • At the time this Public Private partnership was through to be innovative • North Andover competed with other communities to have it located here • Not enough attention was paid by DEP to host community issues compared to subsequent plants built elsewhere Host Community Leverage • To create leverage in negotiating better host community control and benefits • Special Counsel constructed an argument that the "private" part of this partnership should have obtained local site assignment • Not a strong argument - some legal experts advised extreme caution and potential damages. Board of Health Seeks Its Own Advice • Based on its TBI site assignment experience • Board of Health makes decisions based solely on health criteria • Board of Health sought an independent, third party opinion • Atty. John Shea - hearing officer in TBI case Atty . John Shea ,Ul • Board posed two questions - - Is the 1982 site assignment valid? — Is site assignment required now for APC retrofit? • Answer - - Site assignment is valid — Current site assignment covers APC on existing site Atty . John Shea Conclusions • 1982 Site Assignment is valid • State "clearly established the facility and may even be a co-operator . . . " — planned and develop and sought permits — acquired the site through eminent domain — issued RFP for the plant construction and O & M — obtained the financing and supervised construction — continues to own the site under lease — guarantees 3. 1 million cyds of ash disposal and expanded current ash landfill in Peabody Atty . John Shea Conclusions • Anew site assignment is not required for the APC retrofit • Existing site assignment covers the present site • No site assignment required unless project goes off the site �� Atty . Shea conclusions • Attorney Shea commented on the elements of a negotiated Agreement to address shortfalls of the 1982 site assignment Financial and Environment Benefits . . . are Superior to what might be imposed through site assignment conditions Board of Health • Board of Health held extensive fact finding and public input sessions over summer of 1998 • Concluded the the retrofit would improve emissions from plant • Therefor entered into the agreement in order to achieve the protections for North Andover which were neglected by DEP in 1982 Board of Health • The Board of Health is — professional - two health professionals — competent — effective • The elected Board of Selectmen supervises Town Manager appointments • Let' s keep a good thing