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Meeting Minutes
Tij urmlay, January 24, 2(t 13
7:00 p.m~
North Andover Senior Center, 120R Main Street
North Andover, MA 01845
Present: Thomas Trowbridge, Larry F|x|er, Frank MacMillan,Joseph McCarthy,Susan 8on/yar, Dwm
Blackburn (Edwin Pease not bnxi(exdmmem).
l� CALL 3OORDER
The meeting was called\o order ou7:02pill
D. PLEDGE OF ALLEGIANCE
DL PUBLIC HEARINGS
lv. APPROVAL OF MINUTES
Meeting minutes On/n November 15,20k2 were presented for signature. (note that B8B meeting oil
December 20`»was cuuco|1ud).
MOTION was made by Dr. MacMillan toapprove the minutes,the motion was seconded byJoe
McCarthy,all were in favor and the minutes were approved.
V. OLD BUSINESS
Vy, NEW BUSINESS
A. Brookside Homeowners—applying Gor tile uonKinumu,ofuvariance to not have u Lifeguard oil duty
when the oeoui-pm6Uo swimming pool im open,xw required hyMassachusetts Rugu|o/(om 105CMR
43523.
Patty Heenan,Board Member for Brookside Homeowner's Association and a resident of 16 plus years,
approached the podium for discussion of a request of continuance of the variance for eLifeguard.
Brookside had previously asked for a waiver in 20 10 which was brought to the Board's attention,
voted oil, and approved. They would like to ask again for a waiver to not require a lifeguard at the
condominium complex. Ms.Heenan stated that Brookside is a small complex with 29 units,Jeff
Roberts approached the podium as well. fie is a 20 year resident,past property manager,past CPO and
past president of the board, lie was recently voted back oil the board for another three year term.
Dr. Trowbridge stated that |o the pool rngulx|iomwW|p allowed that(fie board requires lifeguards.
Brookside representative has stated that they have a few residents in the complex that are EMT»und
oudifiedio8u-o|aiddhwtcvuW9ovvjdoruf6oiumtpohohtxtexu&:tyavaiifegounlvvmu|dif|hero
happened uzbm any incidents, Dr, Trowbridge asked iC there has been any type of incidents|n the past
three years. Mr, Roberts stated that there had not been.
2013 North Andover Board of Health Xlectimg-IMAgenda Page\of 6
Note: The Board of Health reserves the right to tal<e items out of order and to discuss a nd/or vote on items that are not listed oo
the agenda.
Board of Health Nlembers: Thomas Trowbridge,Dn6.1\/U.Chairman;Larry Ft'lec&1ou6o/Clc6^;Francis P.&)mcXdiUmo.]z`
&8D.Joxupb&JcCuzd^y^ \,Ieoibcr; £dnio Pease,Nlernber Health Department Staff.,Susan Sav,,yer,Health 0ircctor� D,6m
RjDu800.Public Health Nurse;Xlicbdc Grant,Public Health Inspector;Nou Blackburn,Health Department Assistant
�
Mr. Roberts stated that every spring there hall enthusiastic volunteer program that is set tip at
Brookside. Although Mr.Robert's CPO traiiiing has lapsed, lie still has the sarne training and could �
back op the current CPO.Mr.Roberts stated that Nick Fitzpatrick in the current CPO who has another �
four years left on Iris certification. Site Sawyer stated that she had discussed with Michele()rumt tile �
previous inspections that were done NBrookside. She stated that m variance was given three years ago
in 20 1 O. Dr. MacMillan asked Susan to remind us what happened in 2010 and why they are before the
Board asking for 000thervariance.
Susan explained that a variance could be brought back every year but it was discussed in 20 10 that
three years was o good tinie fi-mne0o issue the variance. She stated that itiow good idea that the condo
association came back in three years to make Sure there were no incidents or in case the Board
memhem had any questions or concerns, DcMnu&4iOmnoskedSumn[fvbet6ougftunm6ccthzouymrm
was reasonable. Susan stated yes. Larry Fixler asked Mr. Roberts if there were people always oil duty.
Mr. Roberts stated that they are all Volunteers who live in tile units that are 4O'50 steps away. Tile
volunteers are easily accessible and have a schedule oil what dmys/o|gh(x86ouca they are available.The
pool is open from 8ain-8pni. Mr. Roberts stated there is till-CC to four thries more V011111teCr coverage
than in tile past years. The pool isoemiprivate and all owners have keys and know that adults must ho
present to supervise children. There is also a very strict guest policy and there is no unauthorized use
by Outside people. Mr. Fjxler asked wily Brookside doesn't hire a pail thne lifeguard. Mr. Roberts
stated that in order to hire a part thrie person it Would end up costing the homeowners niore money in
fees in order to keep tile pool open. If they hired someone,that person wouldn't be any more certified
than tile volunteers Brookside already has. Dr. Trowbridge asked if tile CPO of the comJoov*ociuhom
isalways oil site. Mr. Roberts stated that tile CPO is not always there however tile CPO is in charge of
the operations of the pool;filters,chemical testing, safety equipment etc. Dr. Trowbridge asked flow
the residents would kjiow what units tile volunteers live in. Ms.Heenan stated that tile Volunteer list is
posted mtthe pool and since k |o such n small community everyone knows each other.
MOTION made hyJoe McCarthy toapprove the variance for another three years for no lifeguard oi
pool for 3 years. Dr.Trowbridge noted tile following conditions.Brookside must provide one CPO,o{
least 2 ouodu onmcco who are certified Eb4I`c and certified in first aid.There must be x schedule that
ixtnbe posted oil site ortile pool for easy access. Motion seconded by Dr. MacMillan.Do�MacMillan,
Joe McCarthy and Dr. Trowbridge voted in favor to approve the variance and Mr.Fixlev was opposed
to the:motion. The variance was approved byaxuikjodty vote of 3-1 in favor.
R. Jack Card, Director or Northeast MA MosqUitO Control District's(NEMMC)approached the podium.
Dr.Trowbridge introduced hini as the Director of NEMMC district and Coordinator and Director of
mosquito control program for the town of North Andover, vvbiob io part ofa town voted program. The
Town's Best Management Plan(Q&4P) for 20l3 for the uoNnmio[tile spread of mosquito borne virus
was discussed with suggestions for the upcoming 20 13 season.A discussion ensued regarding
mosquito borne Virus, flow it is spread,how to prepare for the upcoming season,trapping; where they
are set Lip and how it works,when 0o spray, etc. Mr. Card noted that lie is going tu reach Out toall
Boards of Health early nm see|f any changes need tobomade tu the town's QMPiuorder to
incorporate m faster response.
NEMMC needs the Board's help mo they can react promptly to health risk situations. Residents need to
know what the procedure will be in an event there needs to be a pesticide application or spraying. As in
past two years,the 80FI |u supporting the State regulation in regards m residents who do not want their
property sprayed-To"opt out,"a resident needs to send in a letter to tile town clerk prior to March |'t
of cacti year. Mr. Card reminded all that when you exempt your property,you exempt it from mosquito
control completely. lm regards to the finding of EBEin tile northeast last year,Mr. Card stated that
there is a good chauce of-,in air spray whether it's the whole district or just a few C0111111111litieS. /f(hlm
happens, Mr.Card will make Lis aware and keep its in the loop of what ishappening, Some residents
might not be happy however the message is that we hope there will be no Virus but we anticipate there
will be, VVe need tubc prepared for the worst but hope for the best. A(Iiuuusximu ensued regarding
2013 North Andover Board of Health Meeting-6Jceb nd Page I(if d
Note: The Board o[BmJd`reserves the right mtake items out vf order and tr discuss and/or vote no items that are not listed all
the agenda,
Board of Health&Ienibers: Thomas Tr"`,6riJg,.DDS,&{I).Chairman,Larry Fixler,iMem6cdZlerk;Francis P.61xc&0Dum.]n,
v6.D.jovrDbk4cC^ztby.&{on6rz; Edwin Pease,&1cm6cc Susan Sawyer,Health 0iortmc� Dc6m
Rillahan,Public Health Nurse;Michele Grant,Public Health inspector;Lisa Blackburn,Health Department Assistant
North Andover Board of Health
Meeting minutes
'11jur0day, faiwwry 24, �2013
7:00 p.m.
North Andover Senior Center, 120R Main Street
North Andover, MA 01845 �
West Nile Virus and EE8 and tile mpruy[ugoppliuot|ou; when d should he done and where b will huthe
most effective. A discussion ensued about traps,trap locations and]low they work,
Dr. Trowbridge noted that recent 8K89 protocol requires m board mxc(ing to agree on tile need for
odo}du|de spraying.The last two years,the decision io spray was delegated bo Dr.Trowbridge and the
director, upon recommendation by NEMMC. The BOH voted to suggest changing the BMP to delegate
tile decision to spray to tile chairman and director. Mr.Card wanted to make sure the school IPM plans
regarding spraying are updated.The spraying usually takes place when school is out. Dr. Trowbridge
asked|f the plan is standardized. Mr.Card stated it is.
Susan Sawyer discussed how she had invited all the schools to a meeting. Tile Department of
Agriculture provided information to the schools on how to create and update each school's IPM plan
with tile state. Dr. MacMillan asked |f there was all action hmn that needed to take place. Ue
understood that it is,a good plan and everyone was oil the sarne page but wanted to know if there was
anything the BOD could doto make lt more responsive. Mr. Card stated lt`a bnymdmn1 to make sure all
thcncbooXwbovnmUWheirp\nuo/oueriu[olopinoehofbxotheudzoolyeurinoutm[uceoyzoyingimduue
When SC11001 is Out of session.A discussion ensured about working with the No.Andover Schools. Mr.
Card stated lie must make sure the schools have their plan and are compliant including day care
centers.
A discussion ensued regarding the process residents can take torequest spraying. Mr. Card suggested
that the BMPcould bcaqjostcJin July orxpneeded. Dr. MacMillan suggested that the town have
umno provision for nuisance spraying; ox: town events. Larry F[x|eruwked what the uo{ifium1imn
process im for nuisance spraying,Mc Card stated that itwas Lip,to]low the B0D would like to handle
it. Mr.Card stated it was very important to relay to the townspeople]low we are going to handle the
spraying and how it will work and what might happen. Mr.Card stated they will be adding questions
oil tile NEMMC website regarding spraying practices, If an EEE air spray is to take place,the state will
decide oil that not the BU0.
Dc Trowbridge stated that there were four changes that the Board has decided to pKouo in<be RK49.
Mr. Card suggested that Dr. Trowbridge send the changes to him,These changes include: the risk
decision through the chairman and the dizector,the oo spray exemption notification request hyMarch
I"through the town clerk according to state law,the school plan to be updated by Health director and
the school department byMarch |°", and that nuisance spraying he considered hy request through the
Health Department, Protocol wi|lbc done through Choice of the Board if a request iw submitted later im
2013 North Andover Board mf Health Meeting-Meeting mJ Page 3of6
The Board o[Health reserves the right to take items out of order and to discuss andJor vote on items that are not listed on
the agenda,
Board of�Iealth Men-ibem Thomas Trowbridge,DDS,MD,Chairman;Larry Fizler,&dc,nhcr/C|rrb;Francis P.&1xclMiUan.]c.
I
II&D.Joseph NIcCarth5,,Nlem6rc; E6viuYcxuc`&1cm6cr Sawyer,Health Director-, Debrm
Rillahan,Public Health Nurs�Michele Grant,Public Health Inspector;Li&i Blackburn,fiealth Department Assistant
the year. The notification process|salready there to the public. Tile BMP will be posted on the town's
wehte.
C Bmrku^wDunDwckMohi|—xtat uay2013FoodmudDumpsK:cyeonitoomdWeigbto&cMcnmmeu
billing,
Representatives from Bnrke'e Den Rock Mobil were not|aattendance. Susan Sawyer stated that u
letter was faxed over 0n the health department um l/15/13 by Mrs. Burke stating that the Qurke'owould
not hc attending tile BBDmeeting. Sue explained tile renewal process by the Health Department.Each
permit holder is sent o reminder postcard]o late October.Tile application due dote is November 15. A
list is compiled of those who do not pay, and our four senior aides place phone calls to tile businesses
reminding them their permits would he expidogxt/be end mf December. Scripts were used and notes
were taken regarding businesses that were contacted. Susan referred nua timeline regarding contact
made with Burke's Den Rock Mobil. During one of the plione calls, it was told to tile Health
Department that food was not being sold nt Burke"e anymore. Michele Grant visited Bndc `m Den Rock
Mobil and found that food products were being sold and reminded Mr., Burke about his double fee food
and dunipster permit that were due,The double fee requirement has been in place for years and is
clearly written oil tile permit application.
Mrs, Sawyer noted that after tile first ofthe year, it was found that four food establishment permits
were not paid. Bnrke"m was one nf them.A discussion ensued regarding the charging ny the double fees
after the fimtof the year. lt was noted by Susan Sawyer that Burk^^m Den Rock Mobil and Stozbnoko
were tile only two food eutuh§obnue tits that have not paid tile double fees for the permit renewals.
Susan had a discussion with a corporate employee from Starbucks that the double fee was mailed and
that d should arrive hy Friday January 25,20|3. Susan had u discussion with Mru' Burke regarding tile
unpaid food and durripster fees for Burke's Den Rock Mobil. Mrs. Burke was unhappy about how the
permitting process took place and stated she refused to pay the double fees. Susan Sawyer stated that
they were welcome to attend the B0Bmeeting to discuss why they should not pay tile double fees.
E\urkm`o Den Rock Mobil chose not tw appear N the B[)D meeting. The Board members read the taxed
response from tile 0mrke'o.
It was stated by the Director that it is the permit holder's responsibility and not The Health
Department's responsibility to make sure permits are renewed oil tinic. Burke's Den Rock Mobil sent
io their applications uo January ll,2013 however the checks that were issued(lid not include the
double fees, Dr, MacMillan did not see any extenuating circumstances why the double fees should be
waived and sees it as an unwiliingness to comply and that Burke's Den Rock Mobil is out of
compliance with no valid permits. Larry Fixier questioned tire Weights and Measures fees that were
owed by Burke's Den Rock Mobile. Susan Sawyer explained that Ed Johnson is out-Weights and
Measures employee. Mr.Johnson performs tile service and un invoice im given tu the establishment and �
informed that they need turemit the owed fees tm tile Health Department. Bd Johnson came iutothe
Health Department to review all Weights and Measures outstanding invoices with Lisa Blackburn,the
Health Department's Assistant,The Health Department had no records of Burke's Den Rock Mobil �
paying their 20I0,20ll, and 20l2 Weights and Measures invoices, Larry Fixkz asked what the
protocol iu for establishments that Jo not pay their Weights arid Measures fees, Susan will talk twRd
Johnson and follow LIP.
Dr. MacMillan suggested that we track and audit for Weights and Measures, Burke's Den Rock Mobil
food permit was again discussed. Dr. MacMillan asked if a cease and desist order should be issued orm
time frame to comply with the double fees.Dr. Trowbridge stated that the dumpster permit was also
the issue. Dr. MacMillan stated lie did not see any extenuating circumstances.
Dr.Trowbridge noted that in the past, copies of the application were mailed however,business owners
found that the postcard worked better. Applicants can either download art application front tile Health
Depanmoxu`avvobobe nr visit tile Health Department m obtain moapplication, Susan Sawyer stated that
more than half of the establishments 6o not renew their permits until they receive the courtesy
2013 North Andover Board of Health&|ccdo8-tMAgenda Page 4vf 6
Note: The Board v[Health reserves the right to take items out of order and to discuss and/m vote on items thatare not listed on
the agenda.
Board of Health Ntemhem Thomas Trowbridge,DDS,NID,Chairman;Larry Fixter,i\,Iember/Clerk;Francis P.N[acNO)loo.]r..
ivID,joseph NIcCarthy,Member; Edwin Pease,&{cmbcr Susan Sawyer,Healrh Direccm; Debra
Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant
���� ��� Board North ��""����'�� ^°����"w= v^. Health
MuuthNg Minutes
17h u rsday, Ja nuary 24, 2013
7:00 pan.
North Andover Senior Center, 12@RMain Street
North Andover, W%/& 01845
remiudor phone call. Dr.Trowbridge stated that the late fQcn are there to compensate for the ex(rawork
that iu put loto collect the fees. Dr.Trowbridge also did not see o hardship for Bv6m`s not tv pay the
double fees. Dr. Trowbridge asked if there would be a cease and desist order and Susan Sawyer stated �
that what would probably happen is that all food iterns would need to be rernoved and the dompm0cr
Cm/upumyurtifimd|ommovothe dutupwterfiru/n the property. Susan stated that with the Board's
permission she could write a letter and have:it delivered to Burke's Den Rock Mobil by a police
officer.
MOTION inade by Larry Fixter to deny the request from Burke's Den Rock Mobil to waive the
double fee for the food and d0ulpSterpermits and allow Burke's two business days to pay the double
fees or remove all food from the establishment and the dunipster. A letter will be hand delivered by tile
puKicodcpurtmontomP\idmy |/25/|9. Dr.T\ov/hhWgeneoomdndUhemohnnandnUnczeiufbvoc }k
second
MOTION was zmu6oby Larry Fiu|ortnhave Borko`n Den Rock Mobil pay the town the past due
Weights and Measures fees for the year 2010,2011 and 2012 within 15 days or show proof of
payment. Joe McCarthy seconded the mntioo and all were ixfavor.
Vl|. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
Public Service Announcement oil the pneuniococcal Clinic Was 8MIOUnced by Dr. Trowbridge.
Pneumonia vaccines are not needed annuallyand it is rcconinlended for residents over 65 oranyone
with m chronic illness. K(io different frnmothe flu vaccine. The P8Aim being scrolled on the North
Andover cable channel.Deb Rillalian is holding a clinic oil Wednesday,January 30.20l3. Please call
for ail appointment.
A. Status o[Influenza and how dimaffecting Massachusetts. Dr,Trowbridge attended aDyBphone
conference two weeks ago that discussed preparedness for working with hospitals and getting flu
vaccines out{o the public. The best way 0o protect your self from the flu iutobovaccinated. It has
65%effectiveness rate. There is a difference between public vaccines and private supplies. Dr.
Trowbridge discussed the availability of the vaccine and]low you can self protect yourself byusing
good hygiene practices by hand washing and not sneezing in your hand.This greatly reduces the
spread ofthe flu. Dr. Trowbridge also stated that you do not got the flu Rniuthe flu vaccine. Dr.
Trowbridge stated that at this point the town does not have any flu vaccine but the public can ask their
doctors or local pharmacies if they have any oC the vaccine available.
2013 North Andover Board o[8,alchXlcrbng-klrui d Page 5u[h
Note: The Board oF Health reserves the zight tu take items out v[order and,oJivcuxxxud/nc vote ou items t6atuzenot fisted on
,heagem6z.
Board of Health Nlembers: Thomas Trowbridge,DDS,liMD,Chairman,Larry Fip|m,,N<mnber/C)nh;Francis n.NX^r&JiDxojr,
&IDJooc b&1cCurrb>�\,8em6cc Edwin Pease,Nl,006,, Susan Sawyer,Health Di^cum Do6m
RiUxbvo.Public Health Nurue;&1icbele Grant,Public Health ln«potm Lisa Blackburn,Health Department Assistant
B. Medical Marijuana discussion—the position the Massachusetts Medical Society has taken,presented
by Dr.Frank MacMillan. Dr. MacMillan discussed the Massachusetts Medical Society position on how
a medical marijuana card is acquired,standards that need to be followed and regulations. Currently,
there are no approved regulations, cards or dispensaries in Massachusetts, Peer reporting by physicians
was discussed along with the concern for the public's safety, The Massachusetts Medical Society,
would like to make it as safe as possible. It is unclear on what the BOH and Health Department's roles
will be regarding the dispensaries and food products sold at the dispensaries, Dr.Trowbridge stated Nve
will have to wait to see what the process Nvill be and stay aware of findings.
VIII. CORRESPONDENCE/NEWSLETTERS
IX ADJOURNMENT
MOTION made by Dr.Trowbridge to adjourn the meeting. Larry Fixier seconded the motion and all were
in favor.The meeting adjourned at 9:13.
Prepared bv:
Lisa Blackbu•ij, Health Dep, Assistant
Reviewed bw
All Board of Health Alembers&Susan Saiiyer, Health Director
Sipned b
�0?
Larry lrl r, C1 6'k of the goaM Date Signed
2013 North Andmer Board of Health Xleeting-Nleediig Agenda Page 6 of 6
Note: The Board of Health reserves the right to take items out of order and to discuss and/or wore on items that are not listed oil
the agenda.
Board of Health Members: Thomas Trowbridge,DDS,NID,Chairman;Larry Fixler,'&Iembcr/Clerk;Francis P.NlacMillanjr.,
I
iv[.D,;Joseph NkCarthy,Member; FdMn Pease,Member Health Departincot Staff:Susan Sawyer,Health Director; Debra
Rillahan,Public Health Nurse;Michele Grant,Public Health inspector;Lisa Blackburn,Health Department Assistant