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HomeMy WebLinkAbout2012-08-13 Board of Health Minutes North Andover Board of Health Meeting Minutes Monday —.August t 3, 2012 7.00 pan. 120 Main Street,2"a Floor Selectmen's Meeting Room North Andover, MA 01845 Present:Thomas Trowbridge, Frank MacMillan, Larry Fixler,Joe McCarthy,Ed Pease;Susan Sawyer,Michele Grant and Pamela DelleChiaie 1. CALL TO ORDER The meeting was called to order at 7:00 p.m. 11. PLEDGE OF ALLEGIANCE III. PUBLIC HEARINGS A. Gilbert's Ice Cream-Gilbert Harb request for a hearing regarding the suspension of his Mobile Food permit to operate within the town. This is a spccially called meeting at the request of Mr. Harb who operates an ice cream truck under the name of "Gilbert Ice Cream." Oil July 31,2012,Susan Sawyer issued a letter suspending the Mobile Food Truck Permit BHP-2012-0549 for Gilbert lee Cream. This suspension was determined based on the information that Mr. Harb was charged in a violent act and may be a danger to the community. This decision of suspension was based on the Massachusetts State rood Code: 590.014(B)Permits: Suspension and Revocation Part(e)—The board of health or its authorizer)agent,as determbied by the board of health,may issue a notice to suspend a permit to operate a facility licenser)cruder 105 CMR 590.000 or one or more particular operations of the facility. Each of the following grounds shall constitute full and adequate grounds to suspend a permit, Part(e): The Permit holder, or if the permit holden is a emporation, a corporate officer or the owner of the facifl has engaged in conduct that endangers the public health;' Mr.Harb asked for an appeal to tite suspension. Attorney Thomas Torrisi represented Mr.Harb. There was a court appearance scheduled on Friday,August 10,2012. The Assistant District Attorney at Lawrence District Court dismissed the threat to commit a crime and attempted murder. The charge of Assault and Battery was continued. Attorney Torrisi had appeared with Mr.Herb in court on July 27"'. It was stated that he chose to leave the house, and pushed her aside to get out of the house. Tile wife recanted her testimony towards attempted murder. Attorney Torrisi provided a copy of the court documents. Tile Assault&Battery charge was continued without a finding for a year. There was a two week stay to attempt to prove the facts in the case. Mr. Harb's wife was examined by paramedics at the scene of the incident,and there was no evidence of physical abuse. Mr.McCarthy noted that this is not the first time the Board of Health has had to deal with Mr. Harb,and that he understands that he has another alias. Attorney Torrisi stated that one cannot always take what is read in the newspaper as fact. Attorney Torrisi noted that(separately)Mr.Harb and lie were at a baseball game,where Mr. Harb was selling ice cream,and there were no problems. August 13,2012 North Andover Board of Health Meeting-Meeting Minutes Page 1 of 4 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff,Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Iviichele Grant,Public Health inspector;Pamela DelIe-Chiaie,Health Department Assistant It was stated that the court required Mr.Harb to complete an anger management course over the course of 6 weeks. Attorney Torrisi stated that Mr.Harb is back home living with his wife. The court disposition of this nature is common practice when a person does not receive a conviction. Mr.Pease asked whether Attorney Torrisi believes that the newspaper reported something false. Attorney Torrisi stated that the issues at hand were presented before the District Attorney's office,and the facts of that case would not be proper for discussion or debate under the venue of the Board of Health. The outcome of the charges based on court decisions is what is fact. The incident as described in the newspaper report is merely a recitation of a police log,and should not be considered as fact until the court has reviewed the facts. Mr.Harb has been with his wife for 7 years and married to her for 8 months. Dr.Trowbridge noted that if the court felt it appropriate to assign an anger management course to Mr.Harb,that he would not be comfortable with reinstating the food permit until the anger management program is completed. Attorney Torrisi stated that this decision was made per an agreement with the court and Mr. Harb,and is not an indication that the court finds Mr. Harb a danger to the community. Mr.Harb was initially charged with attempted murder by strangulation,assault and battery on a household member, threatening to commit a crime and intimidation of a witness. His wife alleged he choked her until she could not breathe and took away her cell phone when she tried to call 911,police said. Attorney Torrisi stated that Mr.Harb's wife recanted her story and most of the charges were dropped at the request of the Essex District Attorney's and battery charge was continued with a finding for a year. If Mr. Harb does not encounter any more legal trouble,that charge will be dismissed. Mr.Harb stated that he only pushed his wife aside as he left the house so as not to escalate the argument. Dr.MacMillan stated that he would consider a move to reinstate the food permit based on proof of completion of the anger management course,and that the board needs a reasonable expectation that Mr. Harb will not be involved in another violent incident. He suggested that the board reinstate Mr. Harb's permit after he completes the six-week anger management course.A brief intermission was taken by Mr.Harb and his Attorney to confer on the motion presented. Attorney Torrisi and Mr. Harb returned to the courtroom and stated that Mr. Harb is going to lose a substantial amount of income. In addition,Attorney Torrisi offered that documents will be provided to the board as proof of enrollment in an anger management course. Attorney Torrisi further noted that if this proof is not provided to the Board within 30 days,the Board could make a decision to move forward with fitrther action regarding Mr. Harb's food permit. Mr. Kevin O'Donnell,a member of the audience,rose and introduced himself and stated that he is a resident of Sargent Street in North Andover. Mr. O'Donnell spoke on behalf of Mr.Harb and stated that lie is a frequent customer of Mr.Harb's and that he has been nothing but a gentleman,respectful,a professional, and an asset to the community. Ms. Sawyer noted that in 2011, Mr. Harb was stopped by the North Andover Police for operating without a food permit in the Town of North Andover,and subsequently brought before the Board of Health. At the time,Mr.Harb stated that he did not know where the town line was, and did not realize he was in North Andover. in addition,there were other procedural requirements that were not complied with which made the permitting process difficult to complete. The Board members stated that they found that Mr.Harb's history of non-compliance with regulations was a concern, as well as the fact that there is documentation that Mr. Harb did not comply with proper procedures to procure a food permit in the Town of North Andover. One example provided was that the phone number on the August 13,2012 North Andover Board of Health Meeting-Meeting Agenda Page 2 of 4 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed oil the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., ti1.D.;Joseph McCarthy,ivlember; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant truck was incorrect,and the Health Department had to conduct further investigation in conjunction with the Police Department to obtain the proper information. Ms. Sawyer made the point that Mr. Harb has been told to do things in the past,and did not do them without follow- up by the Health Department. Permit holders are held to the expectation that they are familiar with the code of the permit that they are applying for,and willing to comply with the necessary requirements, Attorney Torrisi acknowledged that these type of incidents are indeed procedural concerns,but not a matter of public safety. Dr.Trowbridge stated that he did not feel comfortable reinstating Mr.Harb's food permit before he completes the anger management course. Mr.Pease noted that Mr.Harb can make a living in other communities,and his source of making a living is not only in North Andover. Therefore,denying his permit for the duration of his season should not be an issue. Discussion was held confirming that Mr.Harb's permit is seasonal,which is May through of October. Dr.Trowbridge stated that if and when Mr. Harb applies for a permit next year,lie should be required to appear before the board of health with his completed permit application and accompanying documentation for review. All members were in agreement. Motion Mr. Pease made a motion that: 1)Mr.Harb's permit suspension for the current year should be upheld,as the anger management course is not going to be completed by October and 2)Mr. Harb must appeal-before the board of health next year prior to obtaining a food permit. Mr.McCarthy stated that he would like to recant all(]strike front the record his earlier motion to suspend Mr.Harb's permit for a year. He seconded tine motion from Mr.Pease, All were in favor. IV. NEW BUSINESS A. 1635 Osgood —Septic System repair by Merrimack Engineering.Request of owner,Tyler Munroe,to allow a reduction from the septic leaching area to wetlands from 100 feet to 80 feet. Mr.Tyler Munroe presented his request before the Board of Health. The septic plan presented includes a local upgrade approval allowing a single test pit within the system area rather than two test pits in addition to the request for a variance from the Board of Health. A general discussion of the property included a description,and current and future use. Motion A motion was made by Dr.MacMillan and seconded by Joe McCarthy to approve a reduction from the leach area to tine wetland line front the required 100 feet to 80 feet as listed on the plan.All were in favor. B. 31 East Water Street—Request of property owner,Antonio DeLauri, for a variance from 105 CMR 410.503(13),(C)and(D)with regard to a screen door requirement, Mr.Antonio DeLauri,current property owner,appeared before the board with Mr. S.Papadopulos,former owner. A general discussion took place regarding the request and current property situation. The tenant complain that there is not a screen door, initiated a request for a variance to the screen door requirement from the Minimum Standards for Human Habitation based on the property being a historical building. Motion: August 13,2012 North Andover Board of Health Meeting—Meeting Agenda Page 3 of 4 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,VtD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DeUcChiaie,Health Department Assistant A motion made by Joe McCarthy and seconded by Larry Fixler to allow a variance from 105 CMR 410.503(B),(C)and(D)to not require a screen door at 31 East Water Street. All were in favor. V. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Mosquito Control Dr.Trowbridge announced that there have been no positive findings of WNV or EEE from the traps that have been set by the Northeast Mosquito Control District in North Andover. There are standard traps set at the DPW and senior center,as well as a couple over by the river area. Additional areas which have been of concern in the past also have traps set. B. Department Updates It was announced that Pamela DelleChiaie,the Health Department Assistant for the last 10 years,is transferring to a position with the North Andover Police Department. All members wished her well, and expressed appreciation for her service to the Board and the Department throughout her tenure at the Health Department. VI. ADJOURNMENT The meeting was adjourned at 8:19 p.m. All were in favor. Prepared bv: Pamela DelleChiaie, Health Dept, Assistant Reviewed by: All Board of Health Mesrbers 8 Susan Sativyer; Health Director Si iced b October 25, 2012 Larriv Fixle; 'Jerk of the Board Date Signed August 13,2012 North Andover Board of Health Meeting-Meeting Agenda Page 4 of 4 Note: The Board of Health reserves the right to take items out of order and to discuss and/or Vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector,Pamela DelleChiaie,Health Department Assistant