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HomeMy WebLinkAbout2011-06-23 Board of Health Minutes North Andover Board of Health Meeting Minutes Thursday, mJune 23, 2011 7001).11). 120 Main Street,2"d Floor Selectmen's Meeting Room North Andover, MA 01845 V Present: Tom Trowbridge,Frank M�, Fixler,Ed Pease,Joe McCarthy, Susan Sawyer and Pamela DelleChiaie 1. CALL TO ORDER\ The meeting was called to ordei if. PUBLIC HEARINGS III. APPROVAL OF MINUTES A. May 26,2011 Minutes to be presented for signature—The meeting minutes need to be revised and will be presented at the next meeting. IV. OLD BUSINESS V. NEW BUSINESS A. Food Est,—Mobile Food Permit—Appeal request of denied application—Gilbert Harb Mr.Harb presented himself to the Board Members with a request to grant a permit for his Mobile Ice Cream Truck. Ms. Sawyer provide([a background of Mr. Harb and the application process to date. Mr.Ilarb's application had been denied twice for insufficient information. He is permitted in other coinniun i ties so he is familiar with the process. Dr.Trowbridge referenced the letter sent to Mr. Harb on June 10,2011,regarding non-compliance issues, Mr.Fixter asked Mr.Harb to state the name of the business,which lie stated is Gilbert Ice Cream. He has permits in Andover,Methen and Lawrence. Mr.Harb was stopped by police several times in North Andover selling ice cream prior to applying for a permit in North Andover. One location was Village Green and another was near the Franklin School, Ms. Sawyer stated that police were advised of the Massachusetts General Code to allow a$100 fine for a first offense and a$500 fine for subsequent offenses. The truck is a Chevrolet box truck. Mr.Harb states he has his name and phone number on the truck. His base of operations is his home in Methuen to clean the truck. He does not use a commissary. Mr.Harb hooks up the fi-eezer in the truck to a power supply in his garage,as it has to be charged each night,and it is the only freezer lie has available. A general discussion ensued, Dr. Trowbridge stated that Mr.Harb can resubmit a proper application with the missing information,and referred to outstanding items in Sections A. and J. in the letter. June 23,2011 North Andover Board of Health Meeting—Meeting Minutes Page I of 3 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 DellcChiaie,Health Department Assistant Motion: Mr.Fixter made a motion to leave it to Ms. Sawyer that all the information submitted by Mr.Harb with respect to"Gilbert Ice Cream"is in compliance with the food code and acceptable condition to operate in the Town of North Andover. Mr.McCarthy seconded the motion. All were in favor. It was noted that Section E.violates selling without the proper permit, Therefore,it was decided that a fine of $100 be requested frown Mr.Harb. Dr.Trowbridge suggested a$50 fine instead. All were in favor. B. Smokiniz Issues—VFW Michael O'Neill presented himself to the Board of Health as a member of the North Andover VFW, and is a resident on North Broadway in Haverhill,MA. Mr.O'Neill stated that there is Currently an on-going internal issue at the VFW with regard to smoking issues. There are club members who are okay with smoking,and those who are not. There was a vote by the majority of members within the organization to ban smoking. This organization has lost 15-20 veterans over the years from smoking related illnesses. Mr.Alan Breen had half a lung removed due to second hand smoke. Mr.O'Neill read a prepared letter to the Board of Health members. The letter is a solicitation to the Board of health to prohibit smoking at private clubs in North Andover. Some of the members feel that the Board of Health has the authority to ban smoking in private clubs. One issue is that non-members come through the bar area to meet with the VFW manager about booking the hall for events. These people,often mothers and their children are exposed to second hand smoke each time they need to come in. Therefore,the effects of smoking in this private club are affecting people from the general public. In addition,the Board Members of the VFW have allowed a policy in recent years to issue temporary membership cards to people who are not VFW members. Therefore,allowing people in who are not actually members violates the policies of what designates a private club, Dr.MacMillan asked if there are salaried workers at the bar. The bartender is an employee. Could the club be considered semi-private if there are non-inembers working there? It was noted that in private clubs,there are to be no salaried employees and that all there must be members. Dr.MacMillan stated that smoking is not allowed in a stratified structure, Dr.Trowbridge thought to consider asking the Board of Selectmen if this establishment should still operate in the confines of a private club due to the circumstances. The Town Manager recently asked the police chief to designate someone to research ABCC violations in North Andover. It could also be researched as to whether the temporary member card issuances are considered a violation of private club status. There are approximately 100 to 125 active members in the VFW. Mr.Ron Beauregard,head of the Tobacco Control Program stated that perhaps a segregated area could be setup for smoking and have ventilation for negative air pressure. It was discussed that the issues at hand should be brought up with the Board of Selectmen who are also the Licensing Commission, and open tip a public hearing so that all input may be heard, Dr. Trowbridge stated that lie will draft a letter to the Chair of the Licensing Commission. It was also discussed that there should be a hearing on the status of smoking in private clubs in North Andover, and to possibly schedule it for September, The Board of Health may consider altering the regulations to consider restrictions or prohibition of smoking after having a public hearing and receiving input from the Licensing Board. June 23,2011 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 3 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 V1. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Medication Drop Off—there was a discussion about the photo opportunity that will happen within the next couple of weeks, B. Public&Semi-Public Pools—Ms, Sawyer noted that all of the public and semi-public pools have been inspected and permitted for this season without any major problems. C. Letter to Town Manager—Dr.Trowbridge stated that he would compose a letter to Town Manager,Mark Rees to thank him for his service to the Town,as lie is leaving his position to take a new position in Portland Maine at the end of the nionth. D. Wheelabrator—there was some discussion regarding Wheelabrator and the recent lawsuit which resulted in fines to be paid to host communities, including North Andover. Ms. Sawyer stated that the Board of Health cannot defend the position of Wheelabrator as the decision was made as the result of Mass DEP and the Attorney General's office, Dr. Trowbridge noted that he has a copy of the Consent Degree. Mr.McCarthy expressed his opinion that the whole process has been unfair to Wheelabrator. E. Mosquito Control—Ms. Sawyer noted that there was a Mosquito Control meeting today with the Northeast Mosquito Control group. They will help with the management of breaching darns to control mosquito populations, V11. CORRESPONDENCE/NEWSLETTERS V111. ADJOURNMENT The meeting was adjourned at 10:00 p.m. Reviewed b-g: All Board ofHeafth Members&Susan Sawyer, Health Direcloi- Sjy_nedb July 28,2011 Lai6Fx1ei" Clerk of the B at, Date Signed June 23,2011 North Andover Board of Health Meeting—Meeting Minutes Page 3 of 3 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 FiYder,Mernber/Clerk;Francis P.MadMiflanjr,, 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