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Home My WebLink About2012-11-15 Board of Health Minutes North Andover Board of Health Meeting Minutes 111 uusday— November K5, 2012 7:00 pan. 120 Main Street, 2»m Floor Selectmen's Meeting Room North Andover, MA 01845 Present: Thomas Trowbridge,Larry IOxl*r,Frank MacMillan (left mmmt1uQmt7:580°Edwin Pease,Susan Sawyer,(Joseph McCarthy was not in attendance) \. CALL TO ORDER Tile mocthng was called N order u17:08pill D. PLEDGE OF ALLEGIANCE i|I. PUBLIC HEARINGS IV. APPROVAL OF MINUTES Meeting minutes fi-onm October 25,of28l2 were presented for signature. Motion was made hyDr. MacMillan(o approve the minutes,the nmoNon was seconded hyMr. F|zlcx'all were iu favor and the minutes were approved. Y. OLD BUSINESS YU. NEW BUSINESS A. A request rnade by the owners of'Van Otis for a variance to tile State labeling requirements to allow holiday wrapped boxed chocolates to be placed for sale without external ingredient labels. Susan Sawyer presented t>`ehmokgrooudisfbrmm(bmreAnnd|ngdhen:quoatby\/mnO(ix. Shus\utcdtka1McganDul6wln`xoomulmm18syo6Uu Protection Specialists,did tier,inspections to inake sure tile proper labeling requirements were oil(fie products. Megan reported that she had observed holiday wrapped boxes available for purchase placed oil the shelves without the ingredient xndnOezgeoiof/ooutiouvlmiblepczotateru|esaudm8w|ndonx.Thexomuotbxvu/u6eKm|but give mioimu,n requirements for labeling.Boxes dont need labels if they are behind the counter but when oil tile shelves out oil the floor they do.Jack McCarthy,former owner of Van Otis and his daughter Ann Paul,current owner who runs tile business, were present. Jack McCarthy approached the podium and gave u brief history oo the business.Tile company currently sells one product only,which is a Swiss truffle in 9 different combinations. Mr, McCarthy presented two boxes of chocolates rube viewed by tile Board. One box was unwrapped and(fie other box was wrapped with holiday paper. During the holidays,the boxes are gift wrapped in paper.Mr. McCarthy stated that there are signs oil the shelves to indicate what type of chocolate imiothe box. The consumer then brings tile box of chocolate to the counter for purchase. The emp|oyce behind the Counter checks the box and xuoGrmu with the conwun`er what type uf chocolate they are purchasing. Mr. McCarthy m{at,ed that sixty{o seventy percent mftheir business is done froin Thanksgiving to Christmas. Many people buy the chocolates in bulk. Mr.Fixter asked Mr. Elaffimm November 15,2012 North Andover Board oI Health Meeting-Meeting Agenda 9n8e Iof4 Note: The Board of Health resen,es the right to take items out of order and to discuss and/or vote ooitems that are not listed on --.g_—' Board of Health?vIeniber& Thomas DDS,MD,Chairman;Larry FixlecMoo6coClcrk/Eraouisy68mck1iR^o.]c, &8.D,;Joseph McCarthy,Member; F6vim Pease,Member Director; Dc6/m D0uhmm.Public Health Nurse;Michele Grant,Public Health inspector;Lisa Blackburn,Health Department Assistant McCarthy if they could store the wrapped boxes behind the counter. Mr. McCarthy stated that the store would need tobc changed around lo order tokeep the many boxes of tbe product behind tile shelves.Tile way the store[m set lip now in very practical for the consumers who come iu and would bu ail imposition 0m change the way things are done. Since the room is very small it Would be ail issue. Mr.Fixler stated that the allergen pait is a real concern for tile public, Dr, MacMillan asked Mr. McCarthy if their boxes have stickers oil thern now. Mr. McCarthy stated that there are mo stickers oil the gift wrapped boxes.KIe did state that after tile boxes are wrapped,employees handwrite letters on the side of the box to indicate what type of boxed chocolates the consumer is purchasing. Dr. Trowbridge stated that itis important for the consumer to know of any possible allergens in the product. Dr. MacMillan.asked if they could use o printed sticker listing possible allergens and affix ittothe box. Since tape in used<o gift wrap the box,Wily not use the sticker mv(6ntape? Mr, McCarthy said that using stickers would bo ail added cost to the company.In order to give an exception to tile regulation, Dr. MacMillan needs to know where the hardship is. He doesn't see the hardship in using u sticker label inn*oodmf tape. Dr.Trowbridge pointed out that using the sticker label instead of the tape would also alleviate the process of hand labeling With a marker oil the side of the box. Ann Paul approached the podium. Ms. Paul Stated that since this is the busiest season, with most of tile product needing <ogo out soon,could they possibly start the labeling process after the fizrof the year? Mr.Pease questioned tile State labeling requirements and why would someone eat something not knowing what it is? Susan Sawyer stated the labeling in there mo the nmmmuer can see what they are buying. Dr. MacMillan stated lie understood what Mr. Pease was saying but stated that it prevents allergic reactions from happening. He also stated that the Board's role is notto change the law but to hear the request for relief from m state regulation that already exists. Mr. Pease stated tbck|y allergens are the concern then why not make o sticker that indicates tile product may contain nuts and put b oil tile box, Mr. Fixler stated that basic allergens need to be listed not just nuts. Dr. MacMillan referred to the labeling guide for packaged foods and listed some of the potential allergens. He stated that by keeping the product behind the counter ail authoritative person Would be there to answer basic questions regarding tile product,Mr. McCarthy would like the thousands of boxes that are already wrapped to be sold without tile labeling but after first of the year would add the labels to their product. Dr.MacMillan explained that this labeling law was put into effect in tile year 2000. Mr. McCarthy asked why there wasn't a problern during the past years. Susan Sawyer explained that many of (beivapuutionsw/cn:p6nuar||ydomoinnzwtumnotnhntnomminceneU[ugpzexoudcpcoducts have come tm light during t&eiauyuutioox,duRom|thDopartmo#mcodotohecgooluccnmetbehumrduodoo(juotbxncauammmtm$nmncerta[nb/U onmpNuwuo. Mr.Fixier stated that food labeling is responsibility of the owner. Dr.Trowbridge asked again about tbem[8umomUmJisp|uysholvwp. M,. &{cCmrthyo(mtcdognimdhu1encbdiqplxyohelfimlube]edmithuoigu,bozthezeio not a label oil the gift wrapped boxes. Dr. MacMillan asked Susan Sawyer how long ago this problem was noticed. Susan Sawyer stated that the inspection was done oil October 12,2012. She then read the inspection report made by Megan Baldwin. The company was then re-inspected oil November 2,2012 by Megan.Megan listed options that were given to tile Van Otis Company to comply with the labeling n:gmipculeutn. Susan Sawyer read tile options that were oil the re-inspection sheet, Mr, Fix|u/asked Mr. McCarthy if they had ail alternative plan.Mr.Hxlexexplained again the allergen concern.Mr.McCarthy stated that there are many boxes that are already wrapped and ready 0ugo. The concern by tile Board is not the boxes that are ready to be shipped,just tile ones that will be sold in tile store front, Dr. MacMillan said the boxes that are not labeled behind the counter are im compliance. Ann Paul stated that N reconfigure the store iv overwhelming bu order to put all the boxes behind the counter. Dr. MacMillan,stated that lie was having a hard time seeing the hardship. Ann Paul stated that they were there to see what the board can do. Mr.Pixkx asked again if Van Otis would consider the sticker suggestion given to them hy the Board. Dr. Trowbridge stated lie understood Mr. McCarthy's position but the law states that if the product is in tile store display area,a label listing possible allergens need 1ohe listed oil the outside oftile box. Dr. MacMillan also gave u aug8ea(iouGxawtinkurtohupu\0001Uheyoiarufmobcumueeded.Theiube\uuobmunyulzenudp}nmodonywhereuo the box,and tile proper wording ioiu the regulation. Susan Sawyer asked tile Board what time period would be reasonable for the company tocomply. Motion was made by Dr. MacMillan for Van Otis to have ten business days to comply fully with labeling requirements according{o state regulation. Mr.Pease seconded the motion and all were iu favor. (At this dnleDr. MacMillan left tile meeting.) B. Out of season permit for the installation of a new septic systern at 554 Foster Street(owner Elizabeth Audrukaitis). Susan Sawyer gave information oil the permitting season for septic installations.November 15'h is the November 15,2012 North Andover Board of Health&Jecbug-IvIkcriog Agco6^ Page 2uf4 Note: The Board of Health reserves the right to take items out of ordcrand to discuss and/or vote on iterns tbumxzoot listed oil the agenda. Board of Health Members: Thomas Trowbridge,DDS,&In.Chairman;Larry 8xYer.Mernbcr/Clerk,Francis P.kdacK8illmn,}z` MDJoac b}\/[ Curtby.6deo>er,- Edwin Pease,Member Susan Sawyer,Health Director; Debra Fillahan,ymblicBc^bbNane,&JielieleGrvut.Public Health Inspector;Lisa Blackburn,Health Department Assistant Y��n �� U��m�� `^" �� z�ua°�v,r�� ~.=^~. of Health Meeting Mbmuham Thu raday —Noweinber 15~ 2012 7-00 p.m. 120 Main Street, 2»« Floor Selectmen's Meeting Room North Andover, MA 01845 last day to apply for an installation and tile installation needs to be completed by November 30th.The variance is there to protect tile public. Susan Sawyer gave examples of what could happen to septic systems installed out of season due tu snow etc, The Comoumerio allowed Wpbefore the board to ask for orelief from this variance. Susan Sawyer stated that the original system inspection for this particular systeni was done oil June 4,2012.The system failed and at that point all application for a soil tests was SUbmitted oil October 12,2012.The soil tests were complete however mo plans have been submitted totile Health Department. Susan Sawyer has not seen the plans and states that wetlands may be involved.Tile septic system is not at a point of installation yet and we don't know when it might be., Mr. Kellett, licensed installer for tile town and Joanne Runions, who has power of attorney for nloin Elizabeth Audrukaitis, were present,Joanne Runions approached tile podium. She stated that the hmme needs to be sold and found that the septic needs to be replaced. Susan Sawyer stated to the Board that a home call be sold witil a failed septic system however tile new homeowner would be responsible for replacing it. Joanne Ruuiuon said the plans were supposed to be delivered to tile Health Dept,No plans were received yet. Mr. Fixler asked ifanyone would bo living|o tile bomc in the winter?Joanne Runions stated that no one would be living there. Susan Sawyer stated that there are different types of septic failures, She read the Title 5 report for tile type wf failure nfthis particular system had. Dr. Trowbridge asked Joanne Runions if the installer reviewed the installation timing pnpucw and if she understood the liability of installing a septic systern in the winter.Joanne Runions stated that she understood. Mr. Kellett approached the podium to answer questions. Mc Ke\|uN stated that once ready to install tile system,it wolfld take about seven to ten days to install, Mr. Pease asked about the process for installing the system and Mr. FixUez asked about the(ime&n/om involved, Susan Sawyer gave u mympxjo mI how the installation process could go. Mr, Kellett brought copies ofthe septic plans, Mr, Kellett says the plan shows that tile septic installation will hosixty-three feotuv/oyGnm&e*vu&omJm. ThmP|worvmvgipomK/Smvmm8un/yerwodDr. TrmwbridgoWrevien. Mr. Kellett reviewed the plans with the Board. Motion: Mr. Pease motioned tm grant uu out oy season variance 10 section 4.2of tile North Andover Subsurface Wastewater Disposal Regulations.Mr.Fjxler seconded the motion. All were in favor,Tile second issue was a variance Lo the distance from u septic leaching area 0mthe wetlood.This matter will bebefore tile N/\ � Couxexv�iomCommission lneudyDecomuxec.Tbeu�t B0Doueehngrvom`tbeunt8I)coembec20 . Atthat ineeting tile BOH members could approve the variance.Dr. Trowbridge stated that since this is a completely failed system it is in tile best interest to grant these variance requests now to allow the homeowner to move the installation forward faster, Motion: Mr,Fix|ur motioned tvapprove the waivers and local upgrades shown oil tile plan provided by Mr.Kellett,urte approve any change[n distance twthe wetlands ao approved by tile NA Conservation Commission. Mr. Pease seconded the modom and all were i/» favor. November 15,2012 North Andover Board m[Health Meeting-Meeting vAgenda Page 3v[4 The Board of Health reserves the right to tal<e items out of order and to discuss and/or vote on items that are not listed on __=,-_- Board of Health Members: Thomas Trowbridge,DDS,*[D.Chairman;Larry Bxl,r,64cou6ofCle,k/Francis R&1odMiUmo.}r, M.n.jo,qpb McCarthy,&&eu6rr; Edwin Pease,Nimmber Health Sawyer,Health Director; Dd6o` nUD,6no.Public Health Nurse;kQcbele Grant,Public Health Inspector,Lisa Blackburn,Health Department Assistant � � VD. C0M08WNlCATION8ANN0ONC0M0N%G. AN00JC0SSIWN A. Emergency preparedness and alerts. Dr. Trowbridge wants tile public to know that there are training programs put|m place and people/t governmental levels to assist in emergencies and alerts. The FEMA website has links for training.Local emergency response preparedness information and training for North Andover is also provided through the fin:department, Board oC Health,and police department.There inm very good xomm headed hI Jeff Coco assisted by Conner and Jon Savastano.When there are warnings,the team goes into play.Dr. Trowbridge also stated that the Eagle Tribune links to national weather alerts. You can also get alerts oil smart pliones,through texts or ernails,Tile Massachusetts Emergency Management Association is partnered with Ping 4 that will put out alerts that come from the National Weather Service. This iox good way for the public tmbu connected rather than just depending oil the radio wr television. Dr.Trowbridge wants the public m know that there are other ways to gaill information to be prepared and be in the know. Susan Sawyer also stated that there is a town Fuoubwmk account and tile Y4APDvvm6oitm Blackboard,where residents call sign tip W receive text or telephone alerts. \/|Q. CORQDSPON0EINCC/NEWSLETTERS |}C. ADJOURNMENT X. MOTION was made by Mr, Pease to adjourn the meeting,Mr. Fixler seconded tile motion,and all were in favor.Tile meeting was adjourned nt8:33pin, Lisa Blackburn, Hemlt6Dul)c Assistant Reviewed Aw All Board N'Heo/th Alew6mz&JmorJmv.Ve/'' Health Director gnedbw Larry/IOi'^ L7ekq/8/n8omiy Date Signed November 15,2012 North Andover Board a[Health Meeting Page 4nJ4 Note: The Board o[Health reserves the right to take itenis out of orderand to discuss and/or vote on iterns that are not listed on the agenda. Board of Health Nfernbers: T6ozuaxT,onbrdge.DDS,MD,Chairman;LmoyFiulccMbo6odClerk;Francis P.Dd^cNiNuu^]c, Mo.Jo"^pbMbCmrtby.Member; Edwin Pease,hKvm6,c Health Sawyer,Health Director- Debra Rillahan,Public Health Nurse;Nfichele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistatir