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HomeMy WebLinkAbout2010 BOH Meeting Minutes North Andover Board of Health Meeting Minutes THURSDAY, January 2 , 201.0 7:00 p.m. 120 Main Street, 1st Floor Meeting Room North Andover, MA 01845 Present: Susan Sawyer,Debra Rillahan,Pamela DelleChiaie,Larry Fixler,Francis P.MacMillan Jr.,Joe McCarthy Absent: Thomas A. Trowbridge,Michele Grant I. CALL TO ORDER The meeting was called to order at 7:05 p.m. Mr.Fixler acted as the Board of Health Chairman in the absence of Dr. Trowbridge. IL PUBLIC HEARINGS A. Subsurface Disposal Regulations—Hearing will be continued until comments from Town Counsel have been received The hearing was opened and will be continued until the next meeting in February pending final review by the Board of Health Members. III. APPROVAL OF MINUTES A. Meeting Minutes from December 17,2009 to be presented for signature. The minutes still need a final review and will be presented for signature at the February meeting. IV. OLD BUSINESS A. Food Regulation Updates—continued until comments from Town Counsel have been received The regulations have not yet been finalized. Will continue until the March 25,2010 BOH Meeting. V. NEW BUSINESS A. Brookside Condominium Pool—Request of Patty Heenan,Board Member for Brookside Homeowner's Association for a continuance of the variance for a Lifeguard A group of condominium owners gathered to render their support for the Lifeguard Variance at Brookside Pools. Ms.Terry Benson spoke on behalf of the group. This association was established 40 years ago. Ms.Benson stated that she has been a resident for 21 years. The pool is in the rear center of the complex,and all units have a view to the pool. The condo association consists of five(5)members representing the complex. The association is responsible for maintaining the buildings and the grounds, for establishing a monthly budget plan,and designating one CPO(Certified Pool Operator)to manage the pool. The association maintains a bracelet system to identify condominium owners. The pool needs to be upgraded,and the association has found a contractor to do the work. The pool is the social center of the complex in the summer,and they want it to be operational and ready to go. There are two new condominium owners that are EMT's and certified in First Aid. jauuary 28,2010 North Andover Board of Health Meeting—Meeting Agenda Page 1 of 2 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,Anne Brennan,Member,Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant i The association reiterated their request to be granted a variance to the Lifeguard requirement for the next three years. Mr.Fixler asked about the condition of the pool. The main drain needs repair. The main drain has not been working for awhile. Ms. Sawyer provided some history of the pool for the Board. In 1989,the request to the variance from this regulation was addressed. Brookside Condominium Association is the only pool which maintains this variance. There are 29 unit owners,and the pool measures 20 feet by 40 feet. Two prior owners were responsible for maintaining the pool and were the designated CPO's for the complex. Ms. Sawyer gave a description of the inspection conducted in 2009 at which the main drain was found to be disconnected. The association would not confirm in writing that the pool was in compliance with state codes,which prompted a red flag for the Health Department. The main drain is part of the pool cleansing process. The issue ended up in Senator Torrisi's office to allow use of the pool even though it did not meet state code. The pool was finally opened in August of 2009(usually June)from 10:00 a.m.—8:00 p.m. The association is spending up to$50,000 in 2010 to bring the pool up to the proper code. Motion A motion was made by Dr.MacMillan to renew the original 1989 variance for Brookside Condominium Pool for a continuance of the variance for a Lifeguard. ➢ Dr.MacMillan and Mr.McCarthy voted in favor of the variance,and Mr.Fixler was opposed. ➢ The variance was approved by a majority vote of 2-1 in favor. VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Update on the Flu Vaccination Program Ms.Rillahan provided a brief update of the current status of flu shots provided to the public. VII. CORRESPONDENCE/NEWSLETTERS VIII. ADJOURNMENT The meeting was adjourned at 8:30 p.m. Prepared and Submitted by: Pamela DelleChiaie Administrative Assistant Reviewed by: Thomas Trowbridge&Susan Sawyer Si n, ed by: ✓ ' February 25, 2010 Lae)yv FjYler, Clerk of the B and Date Signed yanuary 28,2010 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 2 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 Fixter,Member/Clerk,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Mahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant North Andover Board of Health Meeting Minutes THURSDAY, February 25,2010 7:00 pm. 120 Main Street, 1st Floor Meeting Room North Andover,MA 01845 Present: Thomas Trowbridge,Frank MacMillan,Jr.,Larry Fixler,Anne Brennan, Susan Sawyer,Michele Grant, Debra Rillahan,Pamela DelleChiaie—Absent: Joseph McCarthy I. CALL TO ORDER The meeting was called to order at 7:03 p.m. PUBLIC HEARINGS a. Subsurface Disposal Regulations—Presented for Board of Health approval Motion: A motion to open the public hearing was received by Dr.MacMillan,and seconded by Mr.Fixler. All were in favor. Dr.Trowbridge confirmed that Dan Ottenheimer,a consultant from Mill River Consulting,Town legal counsel,as well as Ms. Sawyer and Ms.Grant have all reviewed the proposed septic regulations. All redundancies from the previous regulations were eliminated. The only items in this regulation are items that are in addition to the State Title 5 regulations. The septic inspectors,septic truck haulers and septic installers all use this regulation,which is why they are now called wastewater regulations as opposed to just septic reuglations. Dr.Trowbridge read a statement regarding adopting the proposed regulations. In brief,it is the intention of these local regulations to supplement the state Title 5 regulations and they are intended or to repeal and/or replace any prior existing regulations. There are unique conditions found in North Andover that require more stringent regulations than Title 5. Two original septic regulations were presented for the Board of Health members to sign off on. Ms. Sawyer went over the history of the updates to the regulations. Motion: Dr.MacMillan made a motion to adopt the new Subsurface Disposal and Wastewater Regulations,and was seconded by Mr,Fixler. All were in favor. The Board members attending signed the two original regulations. The regulations are effective as of today. The regulations were signed by:Dr.Thomas A. Trowbridge,DDS,MD;Francis P.MacMillan,Jr.,MD;Larry Fixler,Rph; and Anne Brennan. Ill. APPROVAL OF MINUTES A. Meeting Minutes from December 17,2009 to be presented for signature. The meeting minutes were reviewed,approved and signed. B. Meeting Minutes from January 28,2010 to be presented for signature. The meeting minutes were reviewed,approved and signed. Te6ruary 25,2010 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 1 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,Anne Brennan,Member;Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant IV. OLD BUSINESS A. Food Regulation Updates—continued until comments from Town Counsel have been received V. NEW BUSINESS A. Lobster Tail—Dispute re: late fee incurred for 2010 permit renewal Dr.Trowbridge acknowledged the fact that Mr.Mark Smith,owner of the Lobster Tail wrote a letter requesting the waiver of the late fee. The establishment claims to have not received a courtesy renewal notice. Ms. Sawyer explained the renewal process and verified that the permits are good from January through December of each year. After the flu clinics,a list of food establishments was put together of any establishments that had not yet submitted applications and/or proper renewal fees. There were many establishments that were late beyond 30 days. Ms.Karen Young is the accountant for the Lobster Tail. When the establishment was presented with the Cease and Desist letter, she went to the Health Department and paid the regular and the late fee. Mr. Smith has been in business for 16 years,and have never missed renewing or paying their fee. Ms.Young was advised to put the renewal date on the calendar,and if any applications are not received that they either come to the Health Department to complete an application in person,or go to the Town website and download any necessary forms for the renewal. It is the same each year. The application has a statement on the last page where the applicant signs that any applications received after January 1St are considered late,and will pay the late penalty fee. Motion Dr.MacMillan moved to make Lobster Tail responsible for the additional late fee, Mr.Fixler seconded the motion. All were in favor. B. The Meat House—Dispute re: late fee incurred for 2010 permit renewal Mr.Peter Weissman was present to represent the Meat House. He is the franchise owner for this location of the Meat House. There are a total of 17 stores. This establishment claims that they never received the courtesy renewal notice. Mr.Weissman's store opened in May of 2009,and he did not realize that they were supposed to submit a renewal application and fee by Jan. I". This location opened the expanded their space in December, Mr.Weissman stated that he thought that someone from the Health Department would have mentioned that the renewal application and fee were due. It was stated that the Health Department was there to do inspections of the expansion area,and had nothing to do with the renewal application process. This is the responsibility of the owner/applicant of the establishment. The permit specifically stated Expiration—December 31,2009. Dr.MacMillan noted that the food permit is an integral part of owning a food establishment,and that the onus is on the owner or applicant to be sure that all permits and required paperwork and fees are submitted in a timely,responsible manner. Motion Dr.MacMillan moved to make Lobster Tail responsible for the additional late fee. Mr.Fixler seconded the motion. All were in favor. The Vineyard—Dispute re: late fee incurred for 2010 permit renewal No representative was present to present a case for reversing the late fee.In light of this,Dr. MacMillan made the following motion: (February 25,2010 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 2 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,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant Motion Dr.MacMillan moved to make The Vineyard responsible for the additional late fee. Mr.Fixler seconded the motion. All were in favor. C. Fitness for You—Dispute re: late fee incurred for 2010 permit renewal Naomi from Fitness for You represented the business regarding the late fee penalty. She stated that the establishment did not receive the courtesy renewal notice and therefore should not be responsible for the penalty fee. Motion Dr.MacMillan moved to find the business responsible for the full fee. Mr.Fixler seconded the motion. All were in favor. D. Lot 1 Ogunquit Road—Request from John Morin of Neve Morin Group,Inc. for a one year extension until March 18,2011. Property Owner:Peter Breen Peter Breen was present to request a one(1)year extension of the approved septic plan for Lot 1 Ogunquit Road. Mr.Breen stated that he has owned this property since 1976. Some of the lots have been constructed already, and Lot 5 is being built now. The approval letter from March from March 18,2008, states that the plan is valid for two years from date of approval. The Board of Health can issue the one year continuance form the original date until March 18,2011. Ms. Sawyer has no problem with granting this request. Motion A motion was made by Dr.MacMillan to approve the extension. The motion was seconded by Mr. Fixler. The septic plan for Lot 1 Ogunquit Road will be valid until March 11,2011 and after such time will be considered expired,and a new submission must be received. V1. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION Ms.Rillahan stated that the HIN1 vaccine is still available. Interested people can call the Health Department to make an appointment to get the vaccine. The Health Department is offering weekly appointments for those who have not received their vaccine yet. Some RFID updates were provided from Ms. Sawyer. Part of the site assignment for TBI,which sits on Holt Road. When the Board of Health issued the site assignment,it was agreed that there would be a surveillance system implemented to monitor the trucks. Students from Merrimack College came up with a plan to use speed pass type technology. A proposal was received from Dr.Kochakian of Merrimack College to monitor the program. The proposal was sent back to Mr. Santilli for final review. Dr.Trowbridge acknowledged that the fee was very reasonable for the hours of service that would be offered. Dr.Kochakian would analyze bids,and oversee the installation process. Mr. Santilli is temporarrily acting as the purchasing officer for the Town. He had to incorporate information about hearing and publication dates. Ms. Sawyer provided a brief update about the Board of Health regulation being upheld by the traffic court. For the most recent case,the ticket was opposed,and the court upheld the regulation for the fine. VII. CORRESPONDENCE/NEWSLETTERS VIII. ADJOURNMENT The meeting was adjourned at 7:50 p.m. All were in favor. Te6ruary 25,2010 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 Fixler,Member/Clerk,Anne Brennan,Member;Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DeUcChiaie,Health Department Assistant Prepared and Submitted bv: Pamela DelleChiaie Administrative Assistant Reviewed bv: Thomas Trowbridge&Susan Sawyer Si ng e bv: Via,", 'g, March 25, 2010 Larry Fixler, CI k of "4 Board Date Signed (February 25,2010 North Andover Board of Health Meeting—Meeting Minutes 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,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant North Andover Board of Health Meeting Minutes '1111U S DA ', March 25, 201.0 7:00 pan. Health Department Office 1600 Osgood Street,Building 20; Suite 2-36 North Andover, MA 01845 Present: Larry Fixler,Frank MacMillan,Jr.,Joe McCarthy. Also present were Susan Sawyer,Michele Grant and Debra Rillahan. I. CALL TO ORDER The meeting was called to order by Larry Fixler at 7:05 p.m. IL PUBLIC HEARINGS III. APPROVAL OF MINUTES A. Meeting Minutes from February 25,2010 to be presented for signature. The minutes were approved upon a motion by Dr.MacMillan and seconded by Mr.McCarthy. All were agreed. IV. OLD BUSINESS A. Food Regulation Updates — continued until comments from Town Counsel have been received. Copies will be provided to Dr.MacMillan and Dr. Trowbridge for review. V. NEW BUSINESS A. Val's Restaurant—Violation of Order Letter Mr.Vaillancourt spoke to the Board of Health members and stated that he cannot afford to hire consultants to assist him in bringing his food establishment up to proper code. He provided a paper to Board members for review. Ms. Sawyer provided a history of the issues at this establishment. Discussions ensued. Motion: A motion was made by Dr.MacMillan to revoke the food establishment license and seconded by Mr. Fixler until the establishment is cleaned and sanitized to minimum standards and approved by the Health Department staff. In addition,there needs to be a plan in place for training and equipment updates. B. June Thornton of 22 School Street-Violation of Human Habitation Code 105 CMR 410.910 Ms. Sawyer provided a history of the complaint,and general discussions ensued. Mr.Fixler requested proof of contractor licensed and a signed note stating that the job was paid in full. Motion A motion was made by Dr.MacMillan and seconded by Mr.McCarthy to modify the March 12,2010 Order Letter requiring that proof of contractor licensing be obtained,as well as a bill showing that payment for the job was made. .March 25,2010 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 2 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,Anne Brennan,Member; Joseph McCarthy, Member,Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION VII. CORRESPONDENCE/NEWSLETTERS VIII. ADJOURNMENT The meeting was adjourned at 8:10 p.m. Prepared and Submitted bv: Debra Rillahan Public Health Nurse Reviewed by: Thomas Trowbridge&Susan Sawyer Si ned b May 27 2010 Lary FWer, Clerk of the Board Date Signed Warch 25,2010 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 2 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,Arnie Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant North Andover Board of Health Meeting Minutes THURSDAY, April 1. , 201.0 7:00 p.ni. j 1600 Osgood Street,Building 20; Suite 2-36 Community Development Conference Room North Andover, MA 01845 Present: Lally Fixler,Frank MacMillan,Joe McCarthy and Dr.Trowbridge. Also present were Susan Sawyer, Michele Grant and Debra Rillahan I. CALL TO ORDER The meeting was called to order at 7:00 p.m.by Tom Trowbridge, Chairman. II. PUBLIC HEARINGS III. APPROVAL OF MINUTES IV. OLD BUSINESS A. Food Resulation Updates—continued until comments from Town Counsel have been received B. Housing issue—18 School Street Susan Sawyer explained the history of the issue to the members.In January,the Health Department was requested to do an inspection and identified violations to the MA code for Minimum Standards of Housing 105 CMR 410.000.An Order letter dated January 29,2010 was sent to the owner,which required various corrective measures.. This is now the second appearance by June Thornton.At the March 2541 BOH meeting,the board found the owner,June Thornton,liable to comply with the order letter. On this date,Ms.Grant was asked the status of the repairs. She stated just a gap above the door was at issue from the first inspection;however a second inspection had now been necessary due to new damage fi•om an ineffective roof repair.The first Order Letter required that the Health Staff receive and approve an assessment of the indicated roof repair,prior to the work being completed.Work was done without this review of the department. The new violations will be handled by another Order Letter yet to be written. Over the past months,the Health Department communicated expectations to Ms.Thornton and has issued extensions to allow time to address the main issue of a leaking roof.The owner is now also being cited for non-compliance to a Board of Health Order. Specifically the Health Department issued the notice of violation due to the fact that the owner did not receive approval for the roof repair,prior to doing the work.Rather,she informed this office after the repair was performed.The owner of 18 School Street has requested this hearing in regard to that order letter and notice of violation issued by the Health Department. Much discussion ensued. Motion Larry Fixler made a motion to assess a fine of$10 per day from the date of conviction,March 25, 2010.The motion was seconded by Joe McCarthy.After discussion,Frank MacMillan offered an Apri(15,2010 North Andover Board of Health Meeting—Meeting Agenda Page 1 of 2 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,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector,Pamela DelleChiaie,Health Department Assistant i amendment to continue the$10 per day fine until the roof repair assessment is handed in and approved. The amendment was voted unanimous. Motion amended. Vote on the amended motion was unanimous.Additional discussion on the amended motion said the board would consider reduction if the owner presents evidence that the tenant is uncooperative or obstinate in allowing access. V. NEW BUSINESS A. New Board of Health Member-Dr.Trowbridge noted that a new member of the Board of Health has been appointed by the Town Manager.His name is Edwin Pease and will be joining us at the next scheduled meeting. B. Brookside Condominium Pool-This was a past agenda item. Susan Sawyer stated she has been in communication with the condo owners and the pool installer,but has not received a final plan for review to date. C. April Vacation North Andover Soccer Camp-Deb Rillahan has had difficulty,as the camp did not require the submission of childrens' vaccinations and health forms with their applications,but are working swiftly to gather all the applications.There are only about 20 kids. Motion A motion by Larry Fixler was made to allow applications from campers until noon tomorrow for soccer camp next week.The motion was seconded by Joe McCarthy. Going forward into the 2010 camp seasom,the staff is expected by the board to follow all requirements set by the state and the local camp regulation. Camp operators must be issued their permit one week prior to the camp opening or the application will be denied and the camp will have to be cancelled by the operator. VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Food Establishment applications-Dr. Trowbridge briefly discussed 2009 process of permit renewal by mail.. Other options are being considered by staff,such as possibly sending out orange postcards in the summer and fall saying we won't be sending out the actual applications which can be located online or picked up at the health department.Further discussion is needed. VII. CORRESPONDENCE/NEWSLETTERS VIII. ADJOURNMENT Motion to close by Joe McCarthy and seconded by Frank MacMillan at 8:30 PM. Prepared and Submitted bv: Pamela DelleChiaie Administrative Assistant Reviewed by: Thomas Trowbridge&Susan Sawyer Signed bv: ~! �r May 27, 2010 —A�Larry F1'xledr, Clerk of the Board Date Signed Apri(15,2010 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 2 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 FLxler,Member/Clerk,Anne Brennan,Member, Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant i North Andover Board of Health Meeting Minutes '1 LXI1 , Tune 2 , 2010 °7:00 p.m. Health Department Office 1600 Osgood Street,Building 20; Suite 2-36 North Andover, MA 01845 Present: Thomas Trowbridge,Larry Fixler,Jr.,Ed Pease. Also present was Susan Sawyer. I. CALL TO ORDER The meeting was called to order by Thomas Trowbridge,Chairman,at 7:00 p.m. II. NEW BUSINESS No new business III. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION Food Regulation—Town counsel requested the board members discuss their process regarding creating or amending regulations that do not require a public hearing. Susan explained that some MA General Laws do require hearings and these are spelled out in specifics such as the subsurface regulations and the air quality regulations. Otherwise MGL Chapter 31 section 111 gives the power to boards of health to make reasonable regulations in respect to protecting the public health. Tom Trowbridge noted there are also costs to consider such as advertising and Health Departments do not have unlimited budgets.The members concluded they had no problem with state law and will continue to have an open process,but are sticking with state law. No vote taken. Open meeting law—The new Open Meeting Law was distributed to the members. It was noted that the Town of North Andover's process is consistent with the state law and will not require much modification.. Susan gave a Health Department update for June.The Pools and the beach at Stevens Pond are open.Note that the pond is tested weekly for E.coli. Camps are all opening without major incident. VII. ADJOURNMENT The meeting was adjourned at 7:31 p.m. Reviewed by: All Board of Health Members&Susan Sawyer, Health Director Signed bv: November 18, 2010 Larry F la, Cle-k f th Bard Date Signed June 24,2010 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 1 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 North Andover Board of Health Meeting Minutes THURSDAY, July 22, 2010 7:00 p.m. Health Department Office 1600 Osgood Street,Building 20; Suite 2-36 North Andover, MA 01845 Present: Thomas Trowbridge,Frank MacMillan,Larry Fixler,Jr.,Joe McCarthy,Ed Pease. Also present was Susan Sawyer. I. CALL TO ORDER The meeting was called to order by Dr.Trowbridge at 7:14 p.m. II. OLD BUSINESS Food Storage Regulation Dr. Trowbridge explained that the Town counsel had made her comments on the proposal,however there will be no action taken tonight due to technical problems at the Health Department today,prohibiting the printing of any documents. Joe McCarthy wanted to revisit the discussion of the food storage at the end of the meeting.He has concerns over the need for this new regulation.He cited federal food guidelines.Brief discussion ensued over the past events that have been discussed at Board of Health meetings on this subject over the past year. Many months ago staff was given the task of drafting the framework of this regulation and Dr.MacMillan then revised the document. Since then,town counsel has been reviewing it.Possibly the passage of time has developed need for an update for the board. Susan will provide members with information on the subject prior to the next meeting so that all members will have the facts. III. APPROVAL OF MINUTES could not occur due to technical problems at the Health Department today. Meeting minutes could not be signed.Documents not physically present at this meeting. A. May 27,2010 Minutes to be presented for signature B. June 24,2010 Minutes to be presented for signature C. July 8,2010 Minutes to be presented for signature(emergency meeting) III. DISCUSSION North.Andover Beaver dam study—Susan has spoken to Walter Montgomery about the Northeast MA Mosquito Control conducting an update of a 10 year old study of the active beavers in our town.The study would identify the dams that are currently being managed by professional beaver control specialists as will as those new areas identified by resident complaints that have not been addressed yet. Susan met with a NEMMC technician and she will be following up on this and reporting later this year.This is done as a part of the NEMMC management plan.No additional cost is being incurred by the NABOH. Dogs in the Water Supply—Susan described the upcoming initiative designed to educate the public regarding state law to protect Drinking Water Supplies.Lake Cochichewick is experiencing an increasing number of human and canine swimmers. State law prohibits swimming in the lake of either dogs or humans.The Trustees of the Reservation,Conservation Dept.,Health Dept and Water Department are working together to try to educate the public with the target of compliance. July 22,2010 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 2 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 The trash truck monitoring RFP is out.You can find it on the Town website.Final submissions are due late August. Susan will inform the Board with about how many proposals are received and a timetable for review and completion. A committee for review will be formed when necessary. Mosquito spraying—discussion between the members occurred regarding the July 8t`emergency meeting where spraying was the selected plan.The decision to take action was presented by NEMMC on the 8'h and the spraying occurred on the 12th. This was a decision made in the best interest of the public health of the community.The public was very accepting of the decision with the exception of a small group,none of which are in the audience of tonight's meeting to express any opinions. Walter Montgomery will keep us all informed of the weekly monitoring results.The board is confident in the decision and hope the action taken has reduced the risk of West Nile Virus to the public. IV. ADJOURNMENT The meeting was adjourned at 8:18 p.m. Reviewed by: All Board of Health Members&Susan Sawyer, Health Director Si ng ed by: November 18, 2010 Lai fy Fi er CI k o e oard Date Signed July 22,2010 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 2 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 Doartment Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant North Andover Board of Health Meeting MINUTES MONDAY— October 25, 201.0 7:00 p.m. 120 Main Street,2°a Floor Selectmen's Meeting Room North Andover, MA 01845 i PRESENT: Thomas A.Trowbridge,Francis MacMillan,Edwin Pease,Larry Fixler,Joseph.McCarthy, Susan Sawyer,Debra Rillahan and Pamela DelleChiaie I. CALL TO ORDER The meeting was called to order at 7:05 p.m. II. PUBLIC HEARINGS III. APPROVAL OF MINUTES A. May 27,2010—Held for further editing B. June 24,2010—MINUTES PRESENTED FOR FINAL SIGNATURE—although these minutes were reviewed by the Chairman and Health Director as is precedence,it was decided at this meeting that these minutes are to be held for signature pending receipt and review from all the Board of Health members so that all may vote in agreement at the next meeting on November 18,2010. An electronic copy will be sent to all Board of Health members to review and returned to the Department Assistant with any comments by November 8,2010 to be considered as part of the final meeting minutes. C. July 8,2010 Minutes—Emergency Meeting—Final version of these minutes are to be obtained from the Health Director D. July 22,2010 -MINUTES PRESENTED FOR FINAL SIGNATURE—although these minutes were reviewed by the Chairman and Health Director as is precedence,it was decided at this meeting that these minutes are to be held for signature pending receipt and review from all the Board of Health members so that all may vote in agreement at the next meeting on November 18,2010. An electronic copy will be sent to all Board of Health members to review and returned to the Department Assistant with any comments by November 8,2010 to be considered as part of the final meeting minutes. ➢ Notation: The August 26,2010 Board of Health meeting was cancelled due to lack of New Business Items ➢ Notation: The September 23,2010 Board of Health meeting was cancelled due to lack of New Business Items ➢ Notation: The October 28,2010 Board of Health meeting was changed to Monday October 25 2010 due to scheduling conflicts IV. OLD BUSINESS October 25,2010 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 5 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 I Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant i A. Flu Shots Dr.Trowbridge asked if there were any other items for discussion, Dr.MacMillan asked about upcoming flu clinics. Ms.Rillahan reported that the schools are being taken care of this week on Wednesday and Thursday. There has been parental approval for about 500 students to date. There are currently 5,000 students in North Andover. The area pediatrician offices received their doses in August,and many of the pharmacies are offering the flu vaccine as well. In addition,flu vaccines are now being offered at many places,such as the malls,and box stores,such as Costco. Ms.Rillahan noted that she administered flu shots to the Police Department personnel today,as well as employees at the school Superintendents office. The Health Department will be accepting all insurance cards and submitting claims for reimbursement. If the Health Department does not get reimbursed for flu shots,there are no additional charges to the recipient,and the shot is free. It was noted that nursing homes are using companies to administer flu shots to their residents. In the future,the State of Massachusetts may do away with the flu vaccination program,as the public are receiving their vaccinations elsewhere at more convenient times and locations. There is also a Vote and Vaccination program at the North Andover High School on Tuesday,November 2,2010 from 11:00 a.m.to 6:00 p.m. so that residents can get their flu shots when they go to vote. B. Food Code Mr.Fixler asked about issues regarding the local food code that was proposed in 2009,the result of outdoor storage issues for some area establishments. The last time the regulations were proposed for final signature,was the day the computers had shutdown back in May or June. As a result,some general discussion took place about the draft copy of the proposed local food code,and members appeared to be divided on the semantics of the wording and requirements. Therefore,the proposed local food code needs to be reviewed again to obtain further input. The last local food code version is being held by Dr.Trowbridge. He stated that he would send an electronic copy of the local food code to everyone for perusal and it will be a discussion item for the November 18,2010 Board of Health Meeting. C. Outdoor Wood Boilers/Stoves Dr.Trowbridge again asked about any old items to be brought up for discussion. He specifically asked about the Outdoor Wood Boilers and if Mr.McCarthy had any new information about them. Mr.McCarthy has not received any recent information about these types of boiler/stoves. Dr.Trowbridge asked if any proposed Outdoor Wood Boilers/Stoves have come through the Health Department to be reviewed. Ms. Sawyer stated that the Health Department has not had to review any applications for these units, and as the fuel prices came down,the public has apparently not pursued this as an option that we are aware of. D. TBI Updates Dr. Trowbridge provided updates regarding TBI and the facility located on Holt Road. There is one condition that is a work in process. It was deemed in an agreement with the Town of North Andover, that TBI shall pay the reasonable cost of a surveillance system at Holt Road in order to monitor trash trucks. TBI was to consult with the Police Chief to select an acceptable system, There was a discussion with the Board of Health where the members voted on a delay to mandate surveillance at the time that TBI opened, as the Police Station had not moved to its' new location yet, and to allow additional time to gather information about the RFID technology and availability of options using this as a viable system to track trash trucks and to be sure that they are following the regulations. Professor Kochackian of Merrimack College reviewed an RFP for an RFID program. October 25,2010 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 5 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/Cleriz;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 There were no submissions because guidelines were too restrictive. The RFP has since been revised. One good proposal was received;however,the cost of the proposal came well over what TBI has offered to pay for. It would be good to go back to the bidder to see if there is another alternative to the original price quoted, if different, less expansive services are offered. The town would still like to receive alternative bids. The students noted what the company charged for their services was exorbitant. We want to ask is there is a less oversight, would the cost be less? Mr. McCarthy asked if there was an actual need for such strict surveillance of the trash trucks entering Holt Road. What is the need for this? Ms. Sawyer noted that in the stipulated agreement with the town during the site review process,to maintain surveillance of trash truck traffic(going right or left). We currently pay the police department upwards of $10,000 to conduct visual monitoring of the trash trucks. The Health Department wanted to have documentation of something that would actually hold up in court,such as a video clip. Dr.MacMillan stated that over the summer,he went to Florida. His brother-in-law showed him a camera on top of each traffic light to record anyone who takes a wrong turn or does something wrong. Ms. Sawyer brought up that we only monitor trash trucks,and there are many other trucks that go in and out. Dr. MacMillan stated that the whole purpose of doing this is keep the truck traffic on the designated route. It should be the most reasonable cost,for the least amount of burden. Ms. Sawyer suggested reviewing the RFP to broaden the scope of criteria that would be acceptable. A discussion ensued regarding possible options for monitoring truck traffic. Dr.Trowbridge noted that a discussion should be held with Dr.Kochakian to consider the possibilities for a more simplified process. Dr. MacMillan stated that if the monitoring process deters bad behavior, it is money well spent. This is just a discussion right now. Item 44 is not currently enforced until the police station opens on Osgood Street. Dr. MacMillan stated that we may want to extend the timeline of implementation of enforcement until after winter at this point. Dr. Trowbridge asked to have trash truck traffic enforcement program ideas as an agenda item for November. More research needs to be completed. Dr.MacMillan stated that the RFID system was a great presentation,but it would be good to have other options that are of a more reasonable financial alternative. V. NEW BUSINESS A. Sultan Mediterranean Ca% -166 Sutton Street-Request for Dumpster Variance Section 4.05—The board of Health hereby requires all dumpster sites other than temporary sites to be enclosed or screened with permanent, solid fencing and locking gates. These gates are to be closed at all times except when the process of placing refuse in the dumpster is proceeding. Explanation-The current dumpster is enclosed on three sides,and additional fencing could inhibit the routine and/or emergency access to the mechanical room by the Fire or Water Departments. The dumpster will be locked at all times,and is not visible to any town residents. Variance Request-The Sultan Mediterranean Cafes requests a variance to the requirement to have the dumpster permanently enclosed with solid fencing and locking gates. October 25,2010 North Andover Board of Health Meeting—Meeting Minutes Page 3 of 5 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 Fixier,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 Mr. Sam Ramey,Owner/Operator of this establishment noted that he currently has a dumpster on backside of the building,adjacent to building on other side. A discussion was held between Board of Health members and Ms. Sawyer regarding the variance request for a dumpster. The dumpster is not visible from the street. If they fence it off,there will be access issues for the Fire Dept. and Water Department. Ms. Sawyer spoke regarding a sample provided in Board members packets of another dumpster variance request from J&M of 69 Main Street from three years ago on October 25,2007. Ms. Sawyer referenced the local dumpster regulation as a reason for the request of the variance. The Health Department does not have extra staffing to check on all the dumpsters located throughout town. Staff addresses the issues dumpsters as new food or commercial establishments come to North Andover. If the establishment cannot meet the local regulation,then they are allowed to seek a variance from the local dumpster regulations. Mr.McCarthy spoke regarding the tight space that he viewed today at the Sultan Mediterranean Caf6. He does not feel that the variance request is unreasonable. Color pictures of the dumpster area were shown to the Board,and members noted that the condition of the area appeared to be clean and acceptable. The establishment has now been open for one month. There were a couple of businesses prior to this current business located at this structural address which held dumpster permits. One was a small restaurant called the Three Amigos of which Ms. Sawyer could not recall. Mr.Fixler noted that he also viewed the site today,and his observation and comment was that it was well maintained. Mr.Ramey noted that he would increase the number of durnpster pickups if the need ever arises. Mr. Fixler noted that a fence that is not expensive could enclose the area if needed for visual purposes. The dumpster was also locked. Mr.Ramey again spoke about his business,and noted that the other businesses at this plaza are H&R Block and a chiropractor. The only time the dumpster is unlocked is when the trash is being taken out. They are The restaurant is also monitoring how much food they throw out to minimize any cleanliness issues. At Mr. Ramey's estimate,his business is currently doing 75 percent takeout and 25 percent sit down. There are currently 12 seats in the establishment. The dumpster pickup is on Friday when the Chiropractor office is closed,which minimizes interruptions. There is also a grease trap that will be emptied on Fridays as needed. Ms. Sawyer noted that the purpose of the regulation is to disguise the dumpster,keep the area clean,and to prevent illegal dumping,etc. Dr.MacMillan asked for a recommendation of the variance request. The dumpster permit renews annually. If there are issues at renewal time,the variance can be reviewed at that time. Dr. Trowbridge stated that the prior issued dumpster variance should be considered in making this decision. Motion Dr.MacMillan made a motion to approve the dumpster variance as requested: The Sultan Mediterranean Cafk is hereby granted a variance to the requirement of the current dumpster regulation,Section 4.05,and is therefore not required to have the dumpster permanently enclosed with solid fencing and locking gates. The motion is officially granted pending the receipt of a written statement from Mr.Ramey that other than the granted variance,he will uphold all the other requirements as stated in the North Andover Dumpster Regulations.The motion was seconded by Mr.McCarthy. All were in favor. October 25,2010 North Andover Board of Health Meeting-Meeting Minutes Page 4 of 5 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 VI. ADJOURNMENT-The Board of Health Meeting concluded at 8:10 p.m. Reviewed bv: All Board of Health Members&Susan Sawyer,Health Director Signed by: November 18, 2010 Larry Fix r, le of t e oar Date Signed October 25,2010 North Andover Board of Health Meeting-Meeting Minutes Page 5 of 5 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 North Andover Board of Health Meeting Minutes THLJRSDAY, November IS, 2010 7:00 p.m. 120 Main Street Selectmen's Meeting Room North Andover,MA 01845 Present: Thomas Trowbridge,Larry Fixler,Jr.,Joe McCarthy,Frank MacMillan,Jr. Also present was Susan Sawyer,Michele Grant and Debra Rillahan I. CALL TO ORDER The meeting was called to order by Dr.Trowbridge at 7:01 p.m. II. PUBLIC HEARINGS No public Hearings III. APPROVAL OF MINUTES All minutes approved as written and signed by Secretary Larry Fixler A.May 27,2010 Minutes to be presented for signature B. June 24,2010 Minutes to be presented for signature C. July 8,2010 Minutes to be presented for signature D.July 22,2010 Minutes to be presented for signature E. October 25,2010 Minutes to be presented for signature IV. OLD BUSINESS A.Food Storage Areas-Local Regulation-regarding standards for food storage areas(no attachments needed-prior information provided) The North Andover BOH Food Storage Facility Addendum regulation was discussed.This proposal has been around for over a year and final action should be taken for or against the issue.Dr. Trowbridge discussed the draft version, with changes, submitted for review by Joe McCarthy. Dr.Trowbridge supported some of the ideas and discussion ensued.Mr.McCarthy took the floor to address his personal question as to the need for the additional regulation,as he feels that there seems to be adequate state and federal guidelines and regulation of storage of food.He suggests it could be a burden on food establishments, feels the layers of government are excessive and is not convinced of the need. The staff and other Board members entered into discussion as to the past issues that brought this gap in the code to light in this town.Most are aware of why the Director was requested to write a regulation to address these issues. The concern regards the risks of routine exit and entry from a building to retrieve food from a storage facility,walk or roll carts through snow and puddles etc.back and forth through a parking lot into a clean kitchen and the additional opportunities for vandalism and security concerns if the facility was left unlocked. Several years ago the Board found that the state and federal regulations were not sufficient in a couple of problem situations. Thus the board could not legally or fully deny practices that they felt were unsafe for the public. The State Dept of Public Health was questioned whether the MA Food Code prohibited such things as;keeping food in a trailer or not having the food storage structure attached to a building.They responded by telling the Board that these things were not specifically addressed in the regulation,though they agreed with the premise of the Boards concerns. They replied that it is the Board's right,and purview,to identify local needs that may not be addressed in the codes and to implement local regulations. November 18,2010 North Andover Board of Health Meeting—Meeting Minutes Page 1 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 The members decided to change a few items such as;requiring applicants who did not meet the minimums for storage as required would come to the Board of Health for review of their proposals. In discussion,the members considered that applicants who did not meet the minimum standards of this regulation may come before the board to request waiver.They also changed the number of days allowed for emergency food storage from seven to fourteen days. The agreed changes will be inserted and the draft will be sent to town counsel,Carol McGravey,who reviewed the previous drafts. Once comments from legal are received the matter will be placed on the next available BOH meeting for final review and signature. B.Request from Bill Thomson for an extension of time for the site assignment requirement regarding trash truck monitoring. Dr.Trowbridge read the request and described the need for the extension for task VAI of the TBI site assignment. The reason for Mr.Thomson's extension request is that the N.Andover Police station is scheduled to open soon and the monitoring system required under section V 41 is not planned to be operational before opening of the station. Discussion ensued over whether the time requested is a long enough period,and it was decided that a check in four months on proceeding is appropriate.Dr.Frank MacMillan motioned to approve the request as written,Joe McCarthy seconded the motion.All were in favor.The request was unanimously approved. V. NEW BUSINESS A.Pre-Occupancy Rental Housing Service-Health Department planning to provide a service to landlords for sanitary code inspections for pre-occupancy of Rental housing—discussion of applicable fee for service. Dr. Trowbridge informed the members that the Health Director has met with the Town Manager and there is support for a future regulation by the Board of Health that would require an inspection of rental properties prior to occupancy.However,the financial piece must go through the usual channels of Town Meeting to allow the expansion of current job descriptions to assist staff in implementing this extensive program.Until then, Susan Sawyer is asking the Board Members to support the idea of starting a rental inspection program on a voluntary basis. She feels that this would give us data on how the program would work and may develop interest by the good landlords of North Andover. Susan Sawyer indicated that she spoke with the Lawrence Housing Court Senior Housing Specialist and the courts do look favorably on communities and landlords who obtain a certificate from the local Health Department certifying the condition of the rental unit.Discussion of members and staff ensued about a fee for the voluntary service.Michele Grant suggested the fee of$50 and a re-inspection fee of$50.A re-inspection fee is already in place and used for all other Health Dept.inspections when warranted.The re-inspection fee is generally applied in extreme cases of non-compliance,not for just returning for one or two simple items.The board is very supportive of this program the potential for improvement of the town's housing stock.They would like more information on how the program would work before determining a fee.fee.The matter will be placed on the agenda for the December meeting of the Board of Health. B. 1004 Salem Street—Proposed agreement with BOH to allow the construction of a second floor and roof repair prior to upgrading the septic system. The owner of 1004 Salem Street,Ms.Carmen Henriquez Lopez,presented the issue of concern at her property.Her petition for variance is to allow the construction of a second floor living space and roof,prior to establishing a significant investment in the repair or replacement of the septic system.Ms.Lopez stated that the roof is currently placing her and her elderly parents as risk,as it is not in good condition and needs immediate replacing. Susan Sawyer reviewed the usual process and discussed how the issue came before the BOH.At this point there is no documented Title V failure,so to enter into an agreement to fix a"failed"system may not be appropriate as first thought.Dr.Trowbridge laid out another option discussed with the Health Director. The Director could be given direction to sign the building permit.The homeowner could then be allowed to proceed with the project while investigating the options.The homeowner would then be required to return to the December Board meeting with the resulting plan as warranted. Joe McCarthy inquired to whether an upgrade was actually needed.The Health Director indicated that the rush on assisting this homeowner is circumventing the usual way the Health Department reviews these applications.Ms. Sawyer stated most applications and reviews for building permits run smoothly,but Ms.Lopez's situation has been evolving and changing day by day. The initial November 18,2010 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 Fix1er,Member/Cleric;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 construction proposal has changed and an upgrade is not required,but a Title V inspection is warranted by code. She just did not have the time to move through the usual process. Larry Fixler made a motion to authorize Susan Sawyer to sign the building permit application with a requirement that the applicant find a means to address the stated failing subsurface disposal system by the December 16,2010 meeting of the BOH.Dr.MacMillan seconded the motion.All members were in favor.The motion was unanimously approved. VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION VII. CORRESPONDENCE/NEWSLETTERS VIII. ADJOURNMENT The meeting was adjourned at 8:45 p.m. Reviewed by: All Board of Health Members&Susan Sawyer, Health Director Signed bv: i December 16, 2010 Larry Fixler Cl rk the o -d Date Signed November 18,2010 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 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 North Andover Board of Health Meeting Minutes THURSDAY,December 16,2010 7;00 pan. 120 Main Street, lst Floor Meeting Room North Andover,MA 01845 I. CALL TO ORDER II. PUBLIC HEARINGS III. APPROVAL OF MINUTES A. November 18,2010 Minutes to be presented for signature—minutes were approved and signed. All were in favor, IV. OLD BUSINESS A. Pre-Oeeu annoy Rental Housing Service—Additional information to be discussed about the program, and assessment of an appropriate fee—this item is continued until the January 27,2011 Board of Health Meeting,as the Health Department has priorities to complete for end of the year permitting as well as budget due dates. Ms. Sawyer will provide a general overview of the implementation plan for this program. B. 1004 Salem Street—Update to be provided regarding the status of the options and resulting decision to address any needed issues regarding the septic system -- a request to continue this item until the January 2011 Board of Health meeting was received from the homeowner,as she is out of town,and is also in the process of attempting to negotiate a possible sewer fie-hi with her neighbor. V. NEW BUSINESS A. Northeast Senior Health—Spectrum Adult Day Health Center—request from Bud Holden,System Facilities Director for a variance on the use of a 2-bay sink,as opposed to a 3-bay sink.4-301.12(D) (1). Facility is proposed for 1820 Turnpike Street—the applicant withdrew their request for a variance, as they are planning to install a three(3)bay sink per code. The plan has not been approved yet,and they are checking into the requirements needed for a grease trap with the plumbing inspector. V1. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. 2011 Health Department Permit Renewal Status for all permits expiring on December 31 2010 Ms.DelleChiaic provided a synopsis of the permitting status to date. Of 480 permits to be renewed or issued for 2011,approximately three quarters of the applications and payments have been received. Permit applications continued to be received daily despite the request of a due date of November 12'x' to allow for processing time. It has been helpful to have the senior aides front the senior tax relief program making follow-up phone calls to establishments and/or permit holders who have not yet sent in their applications for processing. Any Board of Health permit holders who have not submitted their applications and fees by December 31,2011,will be notified in writing of their late penalty fee due. If necessary,as determined by the Health Director,any establishments of concern,will be requested to appear before the Board of Health members at the January 27,2011 Board of Health meeting to explain their lack of renewal,and be subject to not having their permit renewed. December 16,2010 North Andover Board of Health Meeting--Meeting Minutes Page 1 of 2 Note: The Board of Health resen es 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 I VII. CORRESPONDENCE I NEWSLETTERS A. Emergency Call List-It was noted by Ms.Sawyer that some updates were needed for the Health Department emergency call down list. The members were asked to submit any changes to Ms. Sawyer or Ms.DelleChiaie to update the list. Each member was emailed a copy of the list,and provided a hard copy to reference. B. Future Meeting Location---there was a question as to whether the new North Andover Police Station has the capability now of broadcasting board meetings on the local cable channel. Ms.Sawyer stated that the cable access at the new location is not yet setup. She was told that as long as meetings arc televised to the public and recorded,the board may choose to meet in a different location than Town Hall. A brief discussion ensued. VIII. ADJOURNMENT The meeting was adjourned at 7;28 p.m. Reviewed bv: A11 Board of Health Members&Susan Smryer,Health Dkeetor i nedhx: Januaty 27. 2011 Laity let, Cl 'k of the Board Date Signed