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HomeMy WebLinkAbout2008 BOH Minutes North Andover Board of Health MEETING MINUTES THURSDAY, February 28,2008 7:00 p.m. North Andover Senior Center 120 Rear Main Street North Andover, MA 01845 Present: Dr.Trowbridge,Larry Fixler,Joseph McCarthy,Francis MacMillan,Jr.,M.D., Susan Sawyer,Michele Grant,Pamela DelleChiaie I CALL TO ORDER The meeting was called to order at 7:00 p.m. II PUBLIC HEARINGS A. Adoption of proposed regulations for Wood Burning Furnaces/Boilers Ms. Sawyer brought up a section on the proposed regulations is that a separate permit should be issued by the Health Dept. such as is done for a well or a septic system. Last month there was a discussion of whether or not to have someone from the state speak. Town counsel can review this also. There is some guidance,but no state or federal ordinance. The state is currently looking at a bill. Mr.Fixler noted permits on the site plan section. All required permits should be obtained, including a separate additional permit required by the Board of Health. Mr.McCarthy noted that the Board of Health has spent a lot of time researching this,and putting it together. Dr.Trowbridge states that if the permit is required,there are two different ways that the Board of Health can insure that this is followed. Ms. Sawyer explained the current Building application process. When approved by the Board of Health the person can get the building permit. This is similar to other requirements of permits needing approval from other departments. Mr.McCarthy asked if such notes should be sent to Ms. Sawyer,and she will send on to Town Counsel. Dr.Trowbridge noted in Item 5, Section D.—Outdoor wood quadraphonic heater—indicates moving into the next phase. When the next phase is included by the EPA,this should become the required status. Mr.McCarthy noted the emissions tests in Section 6. He is not sure if this should be a grand fathered item or not. Ms. Sawyer noted the suspension of permit,item number 6. When a resident wants to put in a well,they apply for a permit to construct,with certain requirements. The Board of Health does not get involved unless there is a violation in the future. The permit is only to construct. This new permit refers to maintaining and use of. Is the permit to construct or use? Do we want annual checks on these? Mr.McCarthy stated that if they have an EPA status approval on the unit,and they run the unit on limitations,he thinks that suffices. Maybe it should be a suspension of approval. This is an engineering exercise,not a legal document. Fe6neary 28,2008 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,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr,M.D.,Ilealth Department Staff:Susan Sawyer,Health Director; Debra Itillahan,Public Health Nurse;Michele Grant,Public Ilealth Inspector;Pamela DclleChiaie,Health Department Assistant Ms. Sawyer stated that we need to clarify what our role is as the Board of Health. McCarthy stated that if there are concerns,then there are tests that will need to be conducted. Dr.Trowbridge stated that we are looking for a permit to construct and operate,but the permit can be suspended if a nuisance concern arises. This hearing is continued to the March BOH meeting to vote on an ordinance. B. Tobacco Hearing-SJ Enterprises(Sam's Mobil)—2"d Violation within a two year period.—Cancelled. Ms. Sawyer granted a continuance until March. Sam's Mobil appealed to court to overturn their tobacco violation penalty fee. However,the Board of Health still has jurisdiction over their permit. III APPROVAL OF MINUTES A. The minutes from January will be approved at the March 27t1i meeting. IV OLD BUSINESS A. Update on the TBI Process Per Dr.Trowbridge,the Town is close to putting together contract with TBI. There was some back and forth with Attorney Klavens about creating hardship on TBI. There were certain conditions beyond site assignment. Some imposed beyond. One item that was discussed was about moving into single stream recycling. The contract would supply to all homes in Town and have trucks to pick up that sort of container. That would create more efficiency. Everything would go into one can. That sort of detail was not listed in the site assignment,and it is a financial cost,for which TBI is not willing to go to that extent. We are close to protecting the Town of North Andover and working closely to procuring a site assignment which is being taken care of by Attorney Klavens. It is really a recycling process,but that is where we are. A second revised contract version should be ready by next week. The Board of Health just participated in negotiation. The agreement needs to be finalized by TBI,the Town Manager and the Board of Selectmen. Dr. Trowbridge is confident that it will be a good program. Ms. Sawyer stated that TBI has applied to begin site construction,and the DEP has allowed them to do items that are incidental such as underground construction and retaining walls. Conservation required some pre and post water sampling from monitoring wells and the test results will come next week. They have not gotten approval for an actual facility. The building permit condition is that the light must be approved. The blinking light is in process,but not approved yet. Progress is being made,but we are awaiting further approval. Tentative approval by the state may happen in the fall. The first application was denied,and the state has 180 days to review. V NEW BUSINESS B. Stevens Estate—Modification to the letter dated January 17,2008 to the Stevens Estate Kevin Willoe presented for the Stevens Estate. He passed out a packet of information to the Board of Health members. Out of the 40 initial issues,28 have been addressed,and 12 are still open. There was a contractor in today to go through the bidding process. There is painter starting on March 10"'. The Estate now has funding of$30k to bring the kitchen up to date. They want to continue to operate as a catering model,with outside caterers coming in. These issues will be done before the summer time, when most of their large functions take place. Eebniary 28,2008 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,MID,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 DelleChiaic,I Iealth Department Assistant Ms, Grant viewed the site today. She had concerns about the walk-in refrigeration prior to having a catering company in there. There is nothing scheduled until May,and it is a smaller party,such as a fundraiser. It will be catered. There is no food storage on premises,and no usage of the walk-in. Ms. Sawyer stated that the Estate has eliminated a lot of storage areas not considered to be adequate. The wooden walk-in needs extreme work—it needs to be covered with steel,or pulled out and replaced altogether. There is not enough money set aside right now to fix this large problem. The Stevens Estate is going to cost it out to see what the price will be. Mr. Willoe would like to use the dishwashing area; however;no clean dishes would not be placed on the counter,which was a main area of concern. Mr.Willoe stated that one issue is the hood above the stove. They are waiting to hear feedback from the Fire Department. He expects that all of the other issues will be addressed. The storage walk in needs to be clearly marked to store beer,beverages,etc.,but NOT food. Management needs to be clear on this—no food storage. \ Ware washing area—this dishwasher should be used properly,and the temperature should be upwards of o 180 degrees. A lot of the prep work will be done by caterers elsewhere,so that it reduces the risk of using the counters that are not in acceptable condition. There is an area referred to as the"pass through." No food prep should take place in this area at all. Dr.Trowbridge asked how large the walk-in is. It is not very large. Ms. Grant stated that the Stevens Estate may want to seriously consider taking out the whole thing,and putting in an updated,new one. Mr. Willoe stated that the walk in is cold all the time,as they order products ahead. It is now a matter of getting contractors to get in and complete the work. Ms. Sawyer stated that the Health Department appreciates use of the catering model for now during the work that needs to be done. Painting,sink repairs,etc.will be done soon. The other,larger issues will run into a Town process. Dr. Trowbridge asked if the$I0k will take care of the hood and walk in issues. Mr. Willoe stated that he is buying a new stove to update the kitchen. Members of the Board at the Stevens Estate are undertaking the process to help get the work done if there is a lag with the contractor. Ms. Sawyer stated that all of these items were originally to be completed by tomorrow,Friday,February 29th' 2008. Motion The Board grants an alleviation of the requirement to have all items corrected by Feb.29"'""`'grants and extension to partial use of the kitchen. The walk in shall be storage for alcohol and beverages only.The dishwashing area is for washing dishes,but not for food preparation or food storage. Also, the Board will reassess the situation in two months to know the status of the walk in,and other items. Mr.Fixler made a motion to approve the kitchen for limited use,and the walk-in for only alcoholic and beverage storage. The ware washing area can only be used as specified by the Health Department. This is a limited model using outside catering companies. Food and cooking is limited (Fe6ruary 28,2oo8 North Andover Board of Health Meeting—Meeting Xlinutes 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 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 I Iealth Inspector;Pamela DellcChiaie,Health Department Assistant to catering companies,no cooking of food. The extension will require a progress report in two months,May of 2008. The motion was seconded by Dr. MacMillan. All were in favor. Executive Session The Board of Health excused themselves for Executive Session at 9:05 p.m. Regular Session was re-opened at: 9:45 p.m. VI COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Fiscal Year 2009-Ms. Sawyer reviewed the information with the Board of Health members. Mr. McCarthy asked the members to look at page 95 at an addition error. The error was noted and will be brought to the attention of the accounting department. B. JRM—Mr. Motzkin,the President of JRM was present. Mr. Motzkin is making an appeal to the Board of Health regarding the January meeting. He would like the Board of Health to reverse the decision made at that time. There is a hardship on the customers that they service,and perhaps there could be some type of monthly report submitted so that the Board is able to see how everything is being followed. He would like to have the placards restored and the right to serve their customers in the Town of North Andover. Mr. McCarthy brought up the falsification of placards. He asked if it was a deliberate and willful intent on part of company to defraud the Town of North Andover. Mr.Motzkin stated that the person involved in the deception did not understand the gravity of the situation. Was the attorney representing JRM familiar with the incident of falsifying placards? Mr.Fixler asked about what level of involvement was there by employees,and how high did it go,in order for someone to re-create the Town Seal? Mr.Motzkin wants to let the Board of Health know that in the future,he will be the contact for all issues regarding waste hauling. Mr.Motzkin gave Mr. Peter Gamarche full management authority in the past,and did not review his actions until this incident came up. Mr. Gamache had previously stated that he was at a low level of management,and then it was discovered that he was actually the General Manager. Mr.Motzkin spoke with Ms. Sawyer,and guaranteed her,that what transpired in the past,and that the Town would not have a problem with JRM. Perhaps there could be a probationary period to operate within the guidelines setup. Mr.Fixler noted that at the last meeting, it was stated that 5-8 placards were duplicated. Mr. Motzkin stated that they were destroyed by Gamache so no evidence would be found. Mr.Motzkin has a contract with Wheelabrator that calls for a certain amount of tonnage to be delivered. Without being allowed to go through North Andover,it will be nearly impossible to provide the tonnage required. He would either need additional trucks to accomplish that,or seek alternative sites. That would probably not benefit anybody,and would be a financial hardship for everybody. He proposes a penalty to impose,which would allow JRM to provide the tonnage,and in that period of time to operate in the way that they should. There were originally 10 placards, and they now have 3. JRM had a request for many more than they received. JRM has not provided sufficient documentation to show that additional placards are necessary. If they had something between 3-5 they could still accomplish their goal. Tedruary 28,2008 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 Fixlcr,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 Mr. McCarthy asked Mr.Motzkin what he thought the penalty should be. He is willing to agree to what the Town is proposing as a penalty. Dr.Trowbridge stated that one of the problems is that this was a violation,and that as these violations are being written over the years,the Board of Health is really struggling with how to deal with this,as this situation is setting a precedent,and putting a hardship on the Police Department. The Board of Health is looking for collateral. If the placards are given back,what does the Board do if JRM trucks are found with fraudulent placards? How many circles can we go in? Mr.Motzkin stated that if there was something to agree on,he would agree to it. Mr.McCarthy stated that last month,he did not believe anything the lawyer said. However,he senses the deep level of sincerity that Mr. Motzkin is conveying to the Board. Dr. Trowbridge asked for a description of the hardship,and asked for alternatives if the Board of Health does not grant an alleviation of the hardship. Mr.Motzin states that they do not drive through North Andover,but use Route 495. It is difficult to collect all of their tonnage by using a circuitous route. In addition,they have commercial customers in Town,and unless able to go in those areas,need to make other arrangements. If JRM is not servicing their accounts,as they have,it would not be a favorable contract for them. Not being able to serve all of their North Andover locations will jeopardize their entire account throughout Eastern Massachusetts. Dr.MacMillan stated that when they went through the history of violations,they felt that for JRM,the ticket violations became a cost of doing business,and the Board of Health made a decision based on what they thought was the only remedy available to them. Mr.Motzkin stated that as far as some sort of remedy to rectify the situation and move forward,he is not sure what to offer the Town. He would like some guidance to come up with a solution. The fines that JRM has incurred have been something they factored into the cost of doing business. When the original ordinance was put into place,fines were not part of the plan,so they have had to adjust. Dr. Trowbridge asked how many trucks go through Town to service North Andover customers. Motzkin stated that it is a combination of roll off,and recycling,trash collection. There are three or four trucks that are coming into the Town separately to provide this type of service approximately three to four times per week. VII ADJOURNMENT The meeting was adjourned at 10:00 p.m. Motion made by Mr. McCarthy and seconded by Dr. MacMillan. All were in favor. Prepared by: Pamela DelleChiaie Administrative Secretary Approved bv: Larry Fixler Clerk of the Board (FeGruary 28,2008 North Andover Board of Health XIceting—Meeting Xlinutes 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,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacD4illan,jr.,M.D.,Health Department Staff:Susan Sawyer,I Iealth Director; Debra Rillahan,Public I Iealth Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant North Andover Board of Health MEETING MINUTES-Executive Session THURSDAY,February 28, 2008 7:00 p.m. North Andover Senior Center 120 Rear Main Street North Andover, MA 01845 Executive Session-re: JRM Hauling Present: Dr. Trowbridge, Larry Fixler, Joseph McCarthy, Francis MacMillan, Jr., M.D., Susan Sawyer, Michele Grant, Pamela DelleChiaic; Tom Urbelis, Town Counsel; Mark Wilson,NAPD Attorney Urbelis, Town Counsel for the Town of North Andover states that he has copies of all of the documents. Mr. McCarthy asked Officer Wilson about the sequence of events. He stated that Officer Robert Hillner was working a detail on January 81h, and January 15t", and stopped JRM trucks as they did not have a placard. He was handed a falsified placard. At the time, he did not realize it was a bogus placard. On January 23rd, he stopped a truck on Boston Street again, and was handed one of the bogus placards. Officer Wilson stopped three more trucks later in the day, and he asked what was going on. Mr. Gamarche stated that he only made two bogus placards, because Ms. Grant wanted to charge $100 per placard. There were 7 placards altogether. Ms. Sawyer stated that he did not want to meet separately before this meeting. Dr. Trowbridge, Mr. McCarthy, Lt. Carney and Mark Rees met on Monday and provided background information on the situation. Problems were discussed, and there had been some talk about that group meeting with the President of the company. Mr. Rees charged Susan with the responsibility of having the President of the company come to the meeting to plead his case. As the second party to Wheelabrator, the company wanted to file an injunction against the Board of Health decision. An amount of 1.5 million to 2 million to Wheelabrator would be impacted as well. Mr. Rees had some concerns that if JRM filed a legal suite against the Town, and carried it through to the full extent,there was some concern that the whole regulation could be overturned. Therefore, it is combination of budget and legal concerns. Attorney Urbelis received an e-mail from Lt. Carney on January 24"' regarding a possible criminal complaint with regard to JRM falsifying Town documents. There is no statute directly applied to this. Ms. Sawyer spoke with Lt. Carney today, and one of the reasons they stopped pursuing the criminal complaint, is that the Board of Health levied a penalty more severe than what a judge would do in criminal court. JRM paid fines of$1,800. Eebmaty 28,2008 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 off lealth Members: Thomas Trowbridge,DDS,MD,Chairman,Larry Fixlcr,Nfember/Clerk,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MqcMillanjr.,M.D.,Health Department Staff.-Susan Sawyer,I lealth Director; Debra Rillqhan,Public I Icalth Nurse;Michele Grant,Public I Icalth Inspector;Pamela DclleChiaic,Health Department Assistant Mr. Fixler asked Attorney Urbelis what were some of his thoughts regarding privilege vs. right. Attorney Urbelis responded that the regulations state that we can fine for a violation. In addition, those that do not abide by the regulations will be denied a renewal. There is nothing in the regulations which allows a complete revocation. Attorney Urbelis spoke with Attorney Jonathan Klavens on January 24t"', and he stated that the Board of Health probably did not have the right to do this. Mr. Klavens gave some good advice. The Board of Health issued a fine, and we have a right not to renew placards. One of the problems is that there are already specific remedies in the regulations. A judge would say that the Board of Health has already provided sufficient remedies. Therefore,the Board should use them as stated. Attorney Klavens stated this a week before the January meeting. The Board of Health members stated that they were not aware of this. Ms. Sawyer stated that there are two issues at hand—to bring companies into compliance, and to be sure that it does not happen again. Ms. Grant asked how do we make this a valid regulation after all the work over the last 4 years? Attorney Urbelis stated that the remedy is not to renew the license. Dr. MacMillan stated that the"All Road"placard is regulated by the Town of North Andover. This is a privilege that can be withdrawn. Ms. Grant had several conversations with Mr. Gamarche. He was told many times that he could not use Boston Road as a cut through. He showed a clear disregard for the regulation itself. Mr. Fixler stated that the Board of Health has the right to control placards. Ms. Grant stated that she gave JRM more placards than what she thought they he needed anyway, even though Mr. Gamarche refused to provide additional information. Attorney Urbelis stated that the Town and the Board of Health must live by rules that were created. Ms. Grant stated that we should Gamarche to talk and see what he has to offer. Attorney Urbelis stated that the extension is for as long as the Board of Health wants to grant it. Ms. Grant will only allow JRM to have the three placards to conduct their general business. 'February 28,2008 North Andover Board of Health Meeting—Meeting 1\4inutes 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/Clerk,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,MD.,I lealth Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela De1leChiaie,Hcalth Department Assistant Mr. McCarthy stated that JRM takes all the waste from North Reading from Resco and then 25,000 tons of business is done here. They have two transfer stations in Peabody. If limited to three placards, they will go to the Allied station or the Casella station. He wants to hear what he has to say. Ms. Grant asked what would have been the plan if North Andover had rejected all placard requests? Mr. McCarthy stated that in the meeting,there was a$25k fine recommended by the North Andover Police Department. Attorney Urbelis stated that it sounds like Mr. Motzkin has things in mind other than filing a lawsuit. If they violate the regulations,they come before the Board of Health each December. The permits and/or placards can be denied at that time. Ms. Grant states that the for the front end loaders, they only need one of the placards to pick these up. Peabody should not be an exempt Town. Dr. MacMillan suggests applying the remedy 10 months from now when it comes time to renew. Ms. Grant stated that there is an option to not give back the placards at present. Attorney Urbelis asked if Motzkin would be willing to pay an additional fine, and how much. With regard to the placards—how many are they keeping, and how many are they giving up? Mr. Fixler asked if Lt. Lt. Carney will look further into criminal action regarding this case? Yes. Attorney Urbelis read the advice from Attorney Jonathan Klavens in from January 2008. The Board of Health can use the violations as grounds for revocation. If there is a violation of the regulations, than the Health Department does not have to renew their license. In the future,the regulations could be revised to state that if a counterfeit placard/permit is found, the Board of Health will revoke it. The Board of Health has broad powers to create regulations. Chapter 111 of the state regulations allows this. Attorney Urbelis stated that Mr. Motzkin is willing to cut a check. The probationary period is a plus. A representative of the Board of Health will meet with Mr. Motzkin and discuss the issues that came up tonight. 7ebruary 28,2008 North Andover Board of Health Meeting—Meeting illinutes 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 I lealth Members: Thomas Trowbridge,DDS,INID,Chairman,Larry Fixler,Member/Clerk,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,NI.D.,IIealth Department Staff:Susan Sawyer,Health Dircctor; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Dcpartrnent Assistant Dr. MacMillan suggests to stay the order for 30 days to allow discussion with a representative and Mr. Motzkin. The stay means he keeps three placards, and the Health Department holds seven. Nothing will change for 30 days. Attorney Urbelis suggested extending it until March 31 St Mr. Motzkin"rattled his saber"with Mr. Rees, but will not do it in public. If he wanted to rattle things up some more, his attorney would have been here. All Board members agreed that Mr. Fixler and Ms. Sawyer would handle the negotiations with Mr. Motzkin. Attorney Urbelis gave Mr. Fixler some guidance. A financial figure should be discussed which will be categorized as a fine that Mr. Motzkin will agree to. The Board of Health should not put out a number. Allow Mr. Motzkin to offer the amount. Dr. MacMillan suggested asking that as a condition of probation, that their other permits are at risk. The Health Department requires additional route information. Mr. Fixler agreed to lead the discussion towards agreement of a dollar amount. Dr. Trowbridge stated that we want some collateral. If JRM is found again with false placards, can we mutually agree? It was suggested to use Mr. Motzkin's offer of monthly reviews, in consideration to re-petition the Town for additional placards. Attorney Urbelis states to not submit anything via e-mail. Sit down with any person involved. It should be two weeks before the next meeting. Attorney Urbelis moved to extend the probationary period to March 31St. After the current meeting, he will approach Mr. Motzkin and stated that Ms. Sawyer and a member of the Board of Health will meet with him at a date to be determined. He suggested malting a motion to extend, and the Board of Health will consider extending after this point. Motion Dr. MacMillan made a motion that the Board of Health stay the previous motion until March 31s. The next meeting is March 27th, and Mr. Motzkin will attend. There will be no further discussion this evening once general session is started. Mr. Fixler seconded the motion. All were in favor. Adjournment Executive Session was adjourned at 9:45 p.m. 'Fe6ruary 28,2008 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,Anne Brennan,Member; 3oseph McCarthy, Member;Francis P.MacMillan,Jr.,NI.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Ilealth Nurse;Michele Grant,Public Hcalth Inspector;Pamela DelleChiaie,I Iealth Department Assistant Prepared by: Pamela DelleChiaie Administrative Secretary Approved by: Larry Fixler Clerk of the Board (Febmary 28,2008 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,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,I Iealth Department Staff.Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;'Nlichelc Grant,Public I lealth Inspector;Pamela DellcChiaie,Health Department Assistant North Andover Board of Health MEETING MINUTES THURSDAY, arch 27, 2008 7:00 p.m. North Andover Town Hall 1.20 Main Street 2"d Floor Selectmen's Meeting Room North Andover, MA 01 845 Present: Dr. Trowbridge;Larry Fixler;Frank MacMillan;Joseph McCarthy;Anne Brennan; Susan Sawyer;Michele Grant;Pamela DelleChiaie I CALL TO ORDER The meeting was called to order at 7:02 p.m. II PUBLIC HEARINGS A. Adoption of proposed regulations for Wood Burning Furnaces/Boilers—continued fiom February Meeting This is a continued hearing of the Board of Health consideration of this regulation. Mr. Fixler made two suggestions to the last considered draft.In section 5F,he suggested language to require new installations to meet any modified standards in the future. In section 6C,he added a phrase to clarify that the owner will pay for any required testing. Motion A motion was made by Dr. MacMillan and seconded by Mr. Fixler to amend the regulations to keep the original Version 1 Section 5F and amended Version 2,Section 6C. All were in favor and the regulation was signed III APPROVAL OF MINUTES A. Meeting Minutes from February 28,2008 to be presented for approval Meeting minutes were approved and signed. All were in favor. Executive Session minutes re: JRM Hauling from February 28,2008 will be signed at the April meeting per Dr.Trowbridge. The Special meeting minutes re: JRM Hauling and Butcher Boy fi•om March 25,2008 will be signed at the April meeting per Dr.Trowbridge. III OLD BUSINESS A. Update on the TBI Process Ms. Sawyer stated that yesterday,a building permit was issued to TBI by the Building Department. The Site Assignment,item number 37,on page 25,refers to the fact that TBI shall obtain, in writing,approval from Mass Highway for a traffic light TBI may apply for a building permit. A building permit has been applied for,and we have not received the document they are referring to. A preliminary letter from Mass Highway was received in August of 2007. The developer and Representative Torrisi worked on this. To the best of our understanding,there is no official approval from an engineering firm for a traffic Eight. There were no engineering plans,contractor submission,etc. There was talk about a lot of different things Warcfr 27,2008 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 I Iealth 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,I lealth Director; Debra Rillahan,Public FIealth Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant that could have been put in at the site. The conditions state that TBI shall obtain approval in writing. The Health Department maintains a guidance letter,but no official approval. Mr.McCarthy asked about the$200,000 cost for a traffic light. This amount was to be held by the Town for five years. If the cost were to be$100,000,the balance would continue to be maintained by the Town, and the Town could have a traffic study done after the light is operable,and the light could then possibly be upgraded. When Dr.Trowbridge spoke with the engineer at Mass Highway,a red,yellow green light is close to this cost. Mass Highway stated that this location did not meet the minimum needs for a tri-colored light. This is up to the Board of Health to enforce this. To what extent do we want to pursue this as this is a violation of the agreement? The Town Manager cannot instruct the Building Inspector not issue the permit. Mr. McCarthy asked if TBI understands that this is a violation. Ms. Sawyer referred to the chart document created by Mr. Thomson that tracks when things need to be done. They are aware of the procedures that need to take place. Ms. Sawyer stated that the formal action will be that a letter will be sent regarding that the Health Department is aware of a building permit being issued which is in violation of item#37 in the Site Assignment agreement. If TBI does not withdraw,it will then become a violation of the site assignment. The Board of Health will possibly need to pursue legal action if the direction of the site assignment is not followed. Attorney Jonathan Klavens will be copied in on this. B. JRM Discussion An agreement was drawn up by Town Counsel. The order from two months ago is now revoked,and this agreement will supersede it. It will become a public document once agreed to and signed. Motion Mr.McCarthy made a motion to rescind the order letter at the January 2008 meeting. The motion was seconded by Dr.MacMillan. All were in favor. Motion Mr.Fixler made a motion to accept the agreement letter dated March 27,2008,between the North Andover Board of Health and JRM Hauling,care of Mr.James Motzkin,President. The motion was seconded by Mr.McCarthy. All were in favor. IV NEW BUSINESS A. l3titcher Bey PFoposal to eonstfuet 800 square foot outside reffigerated storage cooler -Butcher Boy requested to withdraw and attend the April 2008 meeting. V COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Best Management Plan—Mosquito Control—2008 This plan has really evolved,and is more specific to the Town of North Andover,making local management recommendations very prudently and according to recent surveillance data. It is a very proactive plan. This has been a good program,and the agency moved with the information that they had. The WNV task force list needs to be updated and sent out. We need to talk about what to do before school opens next fall. North Andover has many wet areas,which is why the Conservation Department has so much business. There is also certain flexibility in the plan,which allows for direction by the Board of Health. There were some barrier treatments last year. The first set of traps will go out on April 1St 911arcfi 27,2008 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,NID,Chairman,Larry Fixler,Member/Clerk,Anne Brennan,Member; Joseph McCarthy, Member;Francis R MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public I Iealth Nurse;Michele Grant,Public I Iealth Inspector;Pamela DellcChiaie,Health Department Assistant Dr.Trowbridge stated that last year,the scientist came with the powerpoint presentation,DVD,etc. This would be a good resource. It would be good to have this happen again,or to replay information on cable. B. Lyme Disease Ms.Kristin Sweeney,a resident on Turtle Lane in North Andover,was present to speak about Lyme Disease,and her concerns. She personally spent about 18 months dealing with Lyme disease. In the interim,she has met a lot of other people who have suffered from this disease. On her street,Turtle Lane, there have been four people diagnosed with Lyme Disease, Ms. Sawyer stated that she checked with the Public Health Nurse,and that there was only one official report of Lyme Disease on Turtle Lane. Ms. Sweeney feels that this disease is under-reported. Dr Trowbridge spoke about the Massachusetts website information sheet on the disease,and also some additional information provided by Ms. Sweeney. Dr. Trowbridge stated that tickborne disease is spread by the person traveling to the ticks,and this is a harder vector to control. Mosquito control measures allow us to keep them walled off to a certain area if needed. There is a lot of controversy in the medical community about Lyme Disease. The mission of the Board of Health is to protect the public health. There was a link to a study in Connecticut and how many ticks positive for Lyme disease. This was run by a professor at the University of New Haven. Dr. Trowbridge sent an email about how to assess our area. The bottom line is education. It is important for people to protect themselves. People go hiking,and there is a trails committee that will be helping with signage and a warning about ticks. The Department of Public Health advises local Boards of Health to get some articles in the paper. These are good human interest stories,and will educate the public. We also have a database of contacts to medical offices in North Andover that could be sent around to the various offices reminding them that this time of year is an especially big problem. We may be able to get this on cable television as well. These are reasonable action points for public education. It appears that 90 percent of people diagnosed hive in the Northeast. In the past,the Health Department has given out tick removal kits. One of the problems is that the Lyme test creates a lot of false positives. There are three types of antibody tests to detect Lyme disease: • Enzyme-linked immunosorbent assay (ELISA). This common and rapid test to identify Lyme disease antibodies is the most sensitive screening test for Lyme disease. • Indirect fluorescent antibody(IFA).This test also screens for Lyme disease antibodies. • Western blot test.This test also identifies Lyme disease antibodies and can confirm the results of an ELISA or IfA test. it is most often done to detect a chronic Lyme disease infection. One thing that is not disputed is that it takes 4-8 weeks after being bitten to determine if one has the disease or not. The bulls-eye rash only presents in about 50%of people. It is important to provide people with a number to send a tick to get tested. This will be a link posted on the website. Ms. Sawyer states that in the next few weeks,she will be doing a cable presentation on Lyme Disease,and will incorporate some of the information from this evening and have possibly have Curt Bellavance,the CDS Director attend,who has had Lyme Disease. Ms. Sweeney is forming an action team which will be in touch with the papers. Ms. Sawyer suggested that she also get in touch with Cheryl Barczak who is now the head school nurse,and would be a liaison with the school in Town. ,Kart(27,2008 North Andover Board of Health Meeting—Xleeting 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 Fixler,i\lember/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 It was suggested that in April,people can lay down a granular pesticide to help cut down on ticks. Mr. McCarthy also suggested acquiring Bantam hens and Guinea hens,as they eat ticks. One method would be to get rid of more deer,such as they are doing in Connecticut. The tick has to be attached for 24 hours to spread the disease. If one is diagnosed, it is three weeks of heavy antibiotic treatment. It was noted by someone that Golf Digest states that bad golfers have more incidence of Lyme disease,as they are often go beyond the perimeter of the course where ticks congregate. There are booklets on the DPH website about Lyme Disease. It would be a good idea to make copies and place them around Town for people to read. C. Chief Martineau Ms. Sawyer noted that Bill Martineau was recently installed as the permanent Fire Chief in North Andover. The Board of Health should send a congratulatory letter. Chief Martineau sees eye to eye with the Health Department on a lot of issues. He has been sending emails,and is looking forward to helping with upcoming emergency trainings. It was noted that he sent over the NIMs training book to be copied. Motion Dr.Trowbridge will draft a letter to this effect. Mr. Fixler made a motion congratulating him,and working with him in the future. Mr.McCarthy seconded. All were in favor. Will send letter next week. D. Solid Waste Regulations Mr. McCarthy would like to update as warranted these regulations. Jonathan Klavens,Town legal counsel, has agreed to work on this. It is not just a revision. We need to look at the condition of the TBI site assignment and work with the Police Department for enforcement. The Board of Health agreed to whatever works for enforcement. It will drastically change the entire regulation. This will be a re-write. There will also need to be hearings for the truck owners. Mr. McCarthy wants to be sure that the incident with the placards does not happen again. Dr.Trowbridge stated that we can do some minor modifications,but he doesn't want to go to go crazy over it,as there will ultimately be a whole new set of regulations. Mr. McCarthy states that he wants to add about five more words to the current regulation. Ms. Sawyer stated that the mechanism of enforcement will change. Motion Mr. McCarthy made a motion to open a discussion to consider the hauling and disposing of solid waste,and that there will be an open hearing to revise the regulations. Ms. Brennan seconded the motion. All were in favor. Ms. Sawyer stated that a hearing for trash trucks is not required. The only hearings required are for air quality and septic. It is best if it is noted on the agenda as a discussion item. It was suggested that there should be a small amendment in the authority section. E. Rental housing issues Ms. Sawyer states that in 2004 our selectwoman wanted a pre-rental housing program. In the meantime, there have been other time consuming issues,as well as other new regulations, such as the Outdoor Wood Boiler Regulations,to review. Development of any rental housing regulation would require much time. The other key aspect of a any new program is implementation/'enforcement',which requires time and manpower as well. Ms. Sawyer sees it as a two-year plan,and has been working on it on the side. Warc!27,2008 North Andover Board of Health Xleeting—Meeting XIinutes 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: 'I7iomas 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,Hcalth Department Assistant There is a 25-30%ratio of renters in Town. When it comes to rental housing,the Health Department is used by tenants and landlords. There is a low number—2-5 complaints a week,but of high intensity. If a particular complaint goes to court, it can go on and on. It is not all one sided. There are bad tenants and landlords. Haverhill,Georgetown,Lawrence currently have pre-rental housing programs in place. The owner of the rental property pays a designated fee,has an inspection by the Health Department,and issues a certificate of compliance that the rental property meets the code,and then the rental unit can be occupied. All violations could be corrected ahead of time. Ms. Sawyer has a presentation that she can pass on that she has from last year. Mr.McCarthy asked how many communities participate in this type of program? We want to find out. The Department of Public Health states that Boston,and some others have this program. In a Town with 30,000,there should be minimum standards. There is a question as to how the Health Department will actually do this work. The first year will be program implementation and the second year is actually taking action. Ms. Sawyer is not sure whether to use existing staff,hire a consultant,or to pass the task on to another department. Ms. Sawyer will send out some general information on these types of programs,and we will have an open discussion at a future meeting. As far as financing,this will materialize from discussions with the Town Manger,Finance Committee, etc. Ms. Sawyer proposed an idea for this years'budget as a way to finance this program,but it was denied. She needs to come up with the money to finance the program. Housing inspections in some other communities charge approximately$25 per inspection.If an owner rents without getting a required inspection,there would be a fine of something like$300. IV. ADJOURNMENT The meeting was adjourned at 9:10 p.m. Prepared by: Pamela DelleCbiaie Administrative Secretary Approved by: Larry Fixi r Clerk of the Board Warcfi 27,2008 North Andover Board of Health_Fleeting—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_-lembers: Thomas Trowbridge,DDS,MD,Chairman,Larry Fixler,Member/Clerk,Anne Brennan,Member; Joseph McCarthy, Member,Francis P.Maciviillan,Jr.,M.D.,Ilcalth Department Staff:Susan Sawyer,Ilealth Director; Debra Rillahan,Public IIcalth Nurse;Michele Grant,Public Hcalth Inspector;Pamela DelleChiaie,Health Department Assistant March 25, 2008 Board of Health Special Meeting Town Hall 120 Main Street 2"`t Floor Selectmen's Meeting Room North Andover,MA 01845 Present Dr. Tom Trowbridge, Dr. Frank MacMillan; Mr. Larry Fixler; Ms. Susan Sawyer; Mr. Tom Urbelis, Attorney Call to Order The meeting was called to order at 7:02 p.m. Dr. MacMillan made a Motion to move to an executive session. The Board members voted unanimously to move to Executive session. JRM Trash Hauling & Rec cy ling The issue was JRM Trash Hauling and the follow-up meeting that resulted from February's Board meeting. Larry Fixler led the discussion, and described the tone of the meeting held between Mr. James Motzkin, Larry Fixler and Susan Sawyer last Wednesday. Mr. Fixler provided a brief overview of the meeting. He stated that Mr. Motzkin was forthright and answered numerous questions posed by Mr. Fixler. Mr. Motzkin was open to all ideas to try to come to a point of moving forward on this issue. After discussion over the placard review, Michele Grant,the Health Inspector was requested to join the meeting. We spent time with Ms. Grant and learned about the regulation and the company's responsibility and how to comply with the regulation. She left the meeting after explaining the process fully. Mr. Fixler and Ms. Sawyer elaborated further on the following decisions made at the meeting. Mr. Motzkin agreed to train all the JRM employees, and as of today he has submitted a signed document stating their knowledge and understanding of the regulation. Mr. Motzkin was to submit a proposal to the Board in writing which he has done. After the description of the March 19t"meeting, the board reviewed the letter dated March 24, 2008 hand delivered by Jim Motzkin. Items discussed were: the probationary period, which would be until December 31, 2008, future fines,training of the drivers, and voluntary fines for past discretions. The members request the following be added to the letter dated March 24, 2008. James Motzkin will personally appear at any hearing of the BOH relating to a violation of the Board of Health rules and regulations. Attorney Urbelis states that this document should be in the form of an agreement rather than a letter. Attorney Urbelis will prepare the document and send it to the Health Department for review and the Health Department will then send it on to Mr. Motzkin. There was discussion of the issuance or re-issuance of placards. The review of new information and placard decisions will be done as normal procedure. As for the incoming funds, Susan Sawyer will speak to Lyne Savage, Town Accountant, about policy in this type of matter. The members believe that this agreement has the effect of keeping the integrity of the Board of Health, and supports its content. Thank you to Larry Fixler for his great efforts. Butcher Boy A brief discussion was held over the contents of the information packets received by the Board members in regards to Butcher Boy, who is on the agenda for Thursday. The request to approve the installation of an outdoor refrigerator, with certain conditions is in writing. Discussion was held over the proposal for the walk in. This will be the only issue reviewed at the board meeting. Adjournment The meeting adjourned at 8:15 p.m. Prepared by: Susan Y. Sawyer Health Director jppr°oved by: Larry Fixle Clerk of the Board North Andover Board of Health MEETING AGENDA THURSDAY,April 1.7,2008 7:00 p.m. North Andover Town Hall 120 Main Street 2"td Floor Selectmen's Meeting Room North Andover, MA 01845 Present:Dr.Trowbridge;Dr.MacMillan; Larry Fixler;Michele Grant;Pamela De1leChiaie I. CALL TO ORDER The meeting was called to order at 7:03 p.m. II. PUBLIC HEARINGS A. Sam's Mobil—Tobacco Violation Mr.Ameen spoke re: Mr. Beauregard. If the court has the final say,then why are we here? It is not proper to hear this case again,as Mr. Beauregard made his case at court. Does the Board of Health really need to proceed? No one in his family smokes. He wants the Board to understand that we are all trying to live by the letter of the law. The court overturned the fine and the case. The Board of Health has been unable to obtain a copy of the decision of the court,as the court has apparently misplaced it. Mr.Fixler stated that the court has the right to negate a non-criminal fine,and that is as far as the power goes. They do not have any jurisdiction to remove the penalty of possible suspension for any violations. Mr.Ameen states that his establishment has been checked nine times,and they were ticketed once. This should demonstrate their vigilance of following the regulations. They can't always be responsible for what a clerk does if they have received all training. Mr.Fixler spoke about the penalties of a suspension under the Board of Health rules. The tobacco laws a combination of state and local laws. Ron Beauregard spoke about laws. An individual Board of Health could implement an all identification policy,or any other age. He does now have a photo of the student. There is no double jeopardy. In general terms,the case load will show that if the adjudication is not of a criminal nature, it is okay to pursue a suspension. As an example,there was a case of a lobsterman who had possession of female lobsters. The division of fisheries issued a separate license,and implemented their own penalty. As the goal of the regulation was one of a broader purpose—to preserve the lobsters,it is not considered criminal or double jeopardy. The second adjudication is one where it is acknowledged that the purpose of suspension is for public health,and not meant to be of a punitive nature. Michael Hogan,Attorney,and resident of the Town, at 70 Parker Street,North Andover identified himself to speak. He represented Mr.Ameen at another hearing in the past. He noted to the Board of Health Massachusetts General Law which allows the authority to have an independent magistrate to listen to the opinion of both sides. The clerk can then issue a final disposition. He believes that the Board of Health would need to amend their bylaw to give them the authority to issue an administrative penalty. Mr.Fixler refers to Massachusetts General Law. He states that the ruling of the clerk magistrate in no way means that other actions cannot take place. Mr. Beauregard spoke. The person that purchased cigarettes was 17 years of age. There was someone under the legal age that purchased cigarettes. It is a judgment Apri[17,2008 North Andover Board of Health 1\4eeting—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,SID,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 call. It is required that anyone under the age of 27 must be identified. An affidavit was presented by Sam's Mobil,to the clerk,and he signed it stating that he thought the minor was 27 years old. The clerk magistrate stated that he thought the minor employee looked his age. Mr.Ameen spoke about the Board consulting with legal counsel to determine how to make the regulations clearer. Dr.Trowbridge tried consulting with Town Counsel,and he wanted to see the paperwork from court,which has been unavailable. Dr.Trowbridge is willing to put this issue on hold. Dr.Trowbridge states that he is not providing legal expertise,but he is not sure that he agrees with what the court is saying. The question is unclear about the fine,penalty,and suspension. Motion Mr.Fixler made a motion to continue this matter until the May 22"d Board of Health meeting,by which time a copy of the court order should be received. Dr.MacMillan seconded the motion. In addition,Dr.Trowbridge states that this is a hearing regarding a suspension. The Board of Health will make a decision on this particular violation. The tobacco regulation will not be changed next month. III. APPROVAL OF MINUTES A. Meeting Minutes from March 27,2008-changes need to be made on page one. Make changes and reprint. Approved as noted. B. Executive Session Minutes from February 28,2008-approved and signed. C. Meeting Minutes fi•om March 25,2008-approved and signed. IV. OLD BUSINESS A. Update on the TBI Process and copy of Draft Permit and ATC(Authorization to Construct)from DEP Dr. Trowbridge stated that there is a limited time for public comment. This document was forwarded to the Town Manager,and the Board of Selectmen will be reviewing it. If the Board has comments,they should forward them to Dr. Trowbridge. Comments can be made and submitted at the next meeting. The CD is the initial application. DEP reviewed this and sent back comments. This is now the draft final approval. North Andover does not issue a foundation permit. Once they have the foundation built,work cannot progress until this is finalized. We are also waiting for a final approval letter from Mass Highway. Dr. Trowbridge needs to see this when it comes in. V. NEW BUSINESS A. Butcher Boy—Proposal to construct 800 square foot outside refrigerated storage cooler Attorney Robert Levy was present to represent Butcher Boy. Present for the meeting were: Al,Tom,and Ken Yameen. Attorney Levy spoke with Ms. Sawyer and she suggested that they come before the Board of Health. Butcher Boy wants to install a walk in cooler of 794 square feet adjacent to their present facility. This is for long term storage of their goods. This storage will contain all boxed and sealed meats,ham and cheeses. The reason for this is that the business has grown,and they need more storage. There were trailers previously that have been removed,and they are looking for a permanent storage issue. The plan before the Board is dated March 25`x',and shows the proposed storage facility and also where the compressor for that facility would be located on the roof Both are labeled and identified. The proposed storage cooler is to the rear right of the building. The cooler will be monitored 24 hours a day with an alarm system inside the deli counter,and an audible alarm if the temperature increases. The specifications for the cooler are used by many food establishments. The structure will be built on-site and placed on a concrete pad. The rear of the plan shows steel container type structures,for non-food items such as paper bags,etc. One of the containers is 8'x40',and one is 8'x20' feet. The request letter refers to the cooler,but not the dry storage. We don't have the specifications on any other items except for the cooler. The closest April17,2008 North Andover Board of Health-Meeting—Meeting-XIinutes 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,harry 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 Nursc;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant abutter,Mr.Ragonese is in full support of the proposed plan. A letter was submitted with his signature stating this. The diagram shows the cooler being separated from the building. It cannot be a walk through from the main facility to the cooler,as there needs to be a three foot clearance between the building and the cooler area per Fire Department regulations. Mr.Fixler asked Ms. Grant about going from the cooler,to the outside and back of the building. Ms. Grant states that there is a chance that someone could fall with the food. What would be the foot path? There is one door,30 feet away,and one door 40 feet away. Has there been a tunnel considered? No,there is no space for this. The food items would be transported via a dolly or a forklift. The doorway is 5'x7'. The pallet is 4' wide. A normal door is 3'. The doorway access is off of a concrete pad which is off a ramp. There will be pallets and shelving. Average access to the cooler would be two to three times per day. The cooler is locked, and alarmed. Dr.Trowbridge states that the size of the cooler is larger than the two trailers. He asked if this will be enough room for all future storage. Mr.Yameen stated that in the event that they have a need for additional storage,they would come back to the Board. They think that this solution will be satisfactory for the next 5-10 years. If they find that they need a trailer for extra storage at Christmas,they will come before the Board of Health at that time. Mr.Fixler asked about other Board approvals. Mr.Yameen stated that they need approval from Zoning, and Conservation. Dr. Trowbridge asked about a building plan. Mr.Yameen stated that this would be done by a surveyor with all the setbacks. An engineer looked at this,and agreed that it is possible. Mr. Fixler asked about the noise decibel level. The unit is 90 decibels and it drops to 75 decibels at 10 feet away,and then for every 10 feet after, it goes down to 10 more decibels. The cooler is located 70-80 feet from the rear of the building. The depth of the building is approximately 120 feet from the front to the back. Dr. Trowbridge notes that the Board can accept the plan with two conditions:the possibility of a protected walk-way and a need for temporary storage will be addressed to Susan. Is there an allowed time to have a truck on the premises? Ms. Grant thinks it would be fi•om Thanksgiving to Christmas. The request would most likely be longer than 72 hours. Butcher Boy affirms that they would specify certain dates in and out. Ms.Grant asked the question about the possibility of moving into the location next door,taking space from locations that are up for lease. The Lobster Tail is right next to Butcher Boy,so it is not possible to cut into their space. Lobster Tail benefits on the crowd coming in to Butcher Boy,as they service 8-10 thousand people per week. Mr.Fixler asked about putting something in the plan about insulation to cut down on sound. Mr. Yameen stated the cost of this would be an additional$1,000 to$1,500. Motion Dr.MacMillan would like to make a motion to accept the plan as demonstrated. This includes the cold storage unit. Mr.Fixler seconded the motion. All were in favor. B. Eileen McCarter—Body Art Practitioner Applicant Ms.Grant states that Ms. McCarter is applying for a Body Art Practitioner permit. All her credentials are in order unless the Board finds something to speak to. Ms. Grant states that there was a Body Art person who came before the Board who had certification that was not legitimate. This presentation is merely for an application,but because this is a newer type of permit,the Board of Health had requested to review Apri[17,2008 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 I lealth Members: Thomas Trowbridge,DDS,MD,Chairman,Larry Fixler,Member/Clerk,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,I Iealth Department Staff,Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant i applications as they become available. The Body Art Establishment is at 200 Sutton Street,and is called Diana Permanent Makeup. There are individual rooms within this establishment which the practitioners work in. It is basically cosmetic tattooing. There is another Body Art Practitioner who works with people who need reconstructive tattooing. She offers cosmetic tattooing for problems such as covering scars and, stretch marks. Dr. Trowbridge noted the locations of various courses. Ms. McCarter took part in a side course from Diana to supplement her training. A lot of Body Art Practitioner qualifications,fall under the aestheticians license for which the Body Art requires. Dr.Trowbridge asked how services would be advertised. She presented some ideas,such as brochures,and provided a sample to view. There is a pre-consent form that is signed as well. Ms.McCarter prefers to refer to the service as permanent makeup or correctional makeup. Diana has been in business for 7 years. There was a question about topical anesthetic. A 10 percent solution of Lydacain is used for the topical anesthetic. Nis.Grant notes that the Health Department requires other things,such as good record keeping, so that no one under 18 years comes in. The practitioners need MSDS sheets,binders of information,etc. This is prior to obtaining the permit. She will inspect the facility,and the practitioners will have all of their paperwork in order at the time of the inspection. Ms. Grant will call each applicant to setup a time to review their workspace. C. Lynn Le—Body Art Practitioner Applicant Ms.Le also applied for a permit as a Body Art Practitioner. She spoke in conjunction with Ms.McCarter. All items spoken about apply to her as well. D. 503 aka Lot 2 Forest Street—Paul Plisinski—Variance/Waiver Septic System Design The content of the letters and plan were discussed. The engineer needs to request any variances on the plan. The Board cannot approve the plan at this point. The Board can only approve the variance. Dr. Trowbridge asked about the indication of deep holes that were done in 2001. The elongated ones are deep holes. The circles are test pits. This was a 5 acre lot,and subdivided. One goes down 10 feet with a deep hole. There was one done in 2001,but not viewed by the Health Department. An additional test in 2006 was done by the engineer with no observation by the Health Department. The Board of Health wants to see a deep hole at the time of construction to be sure that the soil has not been disturbed. Mr.Plisinski states that the house would have already been built,but was held up in Conservation. Mr. Plisinski asked to reduce the fee to cover the time of the Health Inspector coming out to inspect which may take 2-4 hours of observation. Motion Mr.Fixler made a motion to grant a waiver for the septic system design and accept the deep hole testing. There will be a requirement for an additional deep hole to be dug during excavation of the Bottom of Bed. The fee for the deep hole observation will be$100. Dr.MacMillan seconded the motion. All were in favor. VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Shingles Vaccine The nurse would like to defer this issue until next month,as she will be here to discuss some other ideas. We currently have 20 doses of the Shingles Vaccine left. Dr. Trowbridge asked the Board to consider other programs that the money could be used for. For the vaccine,there were articles in the paper,and it was advertised on the website. Mr.Fixler would like to see more t.v.programs,such as child development,or things about Lyme disease,etc. on the public access cable channel. Aprif17,2008 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,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Ilealth Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant 1 Dr.Trowbridge mentioned a newsletter that goes out with property taxes. We could have Anne Brennan work with Ms. Rillahan on creating newsletters or mailers that could go out to residents. We could send something out in the July as a quarterly newsletter addressing such things as Lyme Disease and mosquito- borne illnesses. VII CORRESPONDENCE/NEWSLETTERS A. MVPC Newsletter B. NALBOH Magazine VIII. ADJOURNMENT The meeting was adjourned at 9:25 p.m. Prepared bv. Pamela DelleChiaie Administrative Secretary Approved by: Larry Fixl Clerk of the Board ApnC17,2008 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,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Hcalth Department Staff:Susan Sawyer,Ilealth Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant i i 1 �I North Andover Board of Health MEETING MINUTES THURSDAY, May 22, 2008 7:00 p.m. North. Andover Town Hall. 120 Main Street 2"d Floor Selectmen's Meeting Room North Andover, MA 01845 _... , _. ,.. Present: Dr.Trowbridge,Dr. MacMillan,Joe McCarthy,Anne Brennan,Susan Sawyer,Debra Rillahan,Pamela DelleChiaie I. CALL TO ORDER FI. PUBLIC HEARINGS A. Sam's Mobil—Tobacco Violation—CONTINUED FROM APRIL 17,2008 Mr.Beauregard from Healthy Communities was present to explain the circumstances of the ticket. A male youth,age 17 went to Sam's Mobil to purchase a package of cigarettes on January 17,2008. Mr. Beauregard spoke with a young adult male,an employee of the store. The ticket was appealed on March 6th 2008,at court. The clerk magistrate received evidence from both sides. The issue came down to how the student appeared. Anyone who appears to be age 27 or younger needs to be identified. The Clerk Magistrate thought that the student appeared to be 27 years old. The Clerk chose not to impose the$200 fine. The date of the first sale was March 24th,2006,so this was a second violation within the two year period. Dr. Trowbridge noted that at the last meeting,Mr. Sam Ameen Jr,the owner of Sam's Mobil, stated that he appeared at court,and the ticket was dismissed. Therefore,he felt that the entire penalty should be withdrawn,including the suspension. Town Counsel rendered a verbal opinion that there is no double jeopardy,and there can be more than one civil action taken. For this type of tobacco violation,the North Andover Tobacco regulations provide for a fine and a penalty. Under Mass General Law,the fine is referred to as a sum of money,and it can be voided. Also,the regulation states that the establishment shall not sell to a minor. The Board of Health recommends that all purchasers be identified. Ms Sawyer and Dr.Trowbridge both spoke with Town Counsel. Our Town Counsel does not have a different opinion to offer about this. Ms. Sawyer noted that she received a faxed letter from the license holder the night of this meeting.A written opinion from town counsel is pending. Dr.MacMillan states that the onus is on the license holder that tobacco should not be sold to a minor. Ms. Brennan agrees with both points. No identification was requested in this case.. Dr. MacMillan states that it is not up to us to determine how the license holder upholds the law in his establishment. Businesses in North Andover who have tobacco licenses,cannot sell to minors. Mr. McCarthy states that he does not believe the young man looks even the age of 17 in either picture. There are two parts to our violation penalty. This is the second violation within a 24 month period. The Board can accept the decision on this or not. 911ay 22,2008 North Andover Board of Health-Xieeting—Meeting Agenda Page 1 of 6 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 I Iealth Members: Thomas Trowbridge,DDS,NID,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 I Mr.McCarthy made a motion to accept the Clerk Magistrate's decision to negate the fine. The motion was seconded by Dr. MacMillan.The board voted unanimously in favor. Motion 2 Mr.McCarthy made a motion to suspend the tobacco license for seven days. The motion was seconded by Dr.MacMillan. The board voted unanimously in favor. III. APPROVAL OF MINUTES A. Meeting Minutes from April 17,2008 to be presented for approval—Mr.Fixler was not present at the meeting. The minutes will be signed at the June 26tr'Board meeting. IV. OLD BUSINESS A. Update on the TBI Process The last Board of Selectmen meeting rendered an approval for the license for the recyclable agreement between the Town of North Andover and TBI. The Attorney,Jonathan Klavens,prepared a summary of the negotiations. Dr.Trowbridge passed the information around. The Board of Health was empowered by the Town to act as a liaison,but is not directly involved in implementing all the tasks with TBI. Recycling pickup will start in mid-June. Dr. MacMillan asked about updates on the traffic light. There were some notations that were discussed. Dr.Trowbridge and Ms. Sawyer made a list of items that BOH needs to work on. Some items pertain to Conservation or Police. There are 10 items that need to be addressed in the near future. The facility may start building by the end of the summer. V. NEW BUSINESS A. 100 Vest Way—Local Upgrade Approval requests by Ben Osgood Jr.,New England Engineering 1. Reduction in separation distance between the ESHGWand Septic Tank inverts from 12"required by Title 5 Section 15.227(5) to I" This site has very high groundwater. The dashed lines on the plan represent the existing topography. The elevations were noted. There is a slope with exposed bedrock. This is a reason there was no additional soil suitable for testing. Therefore,they needed to keep the system close to the house. There are wetlands to the right and left of the home. This is to be 1"above the water table. Dr. Trowbridge asked what the invert is. The invert is the bottom elevation of the pipe. The invert should not be below the water. Concrete and plastic do not mix well where the pipe comes through the wall of the tank,so that groundwater is not infiltrating the septic system. 2. Allow the use of a sieve analysis to determine loading rate in lieu of a percolation test. Allowed by DEP Policy#BRP 1DWM 1PeP-Poo-1 and Title 5, Section 15.405(1 i) In February a hole was excavated,and water poured in. A sample of the soil was sent to the Amass soils lab and they do a grain size analysis. They classify the soil. That gives them the loading rate, which was determined to be Class 2 soil. When there is no percolation test,they take the worst loading rate,which is .33 gallons per square foot. 3. Reduction in separation distance between the bottom of the leach field and the ESHGW from 4' required by the Title 5 Section 15.212 (1 a) to 3'. Dr. MacMillan noted that there are some site specific issues in the back yard that would justify this reduction. Way 22,2008 North Andover Board of Health Meeting—Meeting Agenda Page 2 of 6 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,1\-Iember/Clerk,Anne Brennan,1\4ember; Joseph McCarthy, Member;Francis P.MacMillan,)r.,M.D.,I Iealth Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant i Motion Mr.McCarthy accepts the above Local Upgrades as stated above. The motion was seconded by Dr. MacMillan. All were in favor. Comments were made about public health of the designed system. There is more of a risk to public health with the current failed system. B. Lot 9 Windkist Farm Road,Map 109,Lot 54—Request of Robert Rivard,Owner—Request for extension to the septic design plan. Mr.Rivard spoke on behalf of his property. His lot is the last lot on the street. The plan is about to expire this month. He cannot afford to start this project right now. One additional year is the maximum allowable extension,which is what Mr.Rivard is requesting. Ms. Sawyer states that there are no variances required. There were confirming tests done a few years ago. Ms. Sawyer recommends approval of the one year extension. If the site has changed or been altered,the engineer would have to redo the plan. It is not the intent of the regulation to cause harm to a homeowner who needs an extra year. Motion Dr.MacMillan made a motion to extend the plan for one year. Ms.Brennan seconded the motion. All were in favor. C. Jon Whyman—Septic Installer—Violations of Subsurface Disposal Regulations and regularly accepted practices of septic installation. Ms. Sawyer comments that Mr. Whyman is currently a licensed installer in the Town of North Andover. With regard to the septic system installation of 755 Winter Street,there was a request for a Bottom of Bed Inspection by Mr. Whyman. Ms. Grant went to the site. She took one measurement,and called Ms. Sawyer. Mr. Whyman was asking her to measure from an area not on the plan. She also reported that the tank was not where plan stated. Mr.Whyman changed the location per his own discretion,and own thoughts on the property. This caused the plan to be re-designed,and re-reviewed. Ms. Sawyer looked back at the history of this installer. Back in 2002,Mr. Whyman was on probation for the year. Mr.Whyman had a couple of other locations that he was not prepared for,using a different pump, etc. Ms. Sawyer recommends a permanent revocation of this license. For the 755 Winter Street,test holes were done in the fall of 2007. The home is on the market for sale. The permit application was submitted,and excavation began on April 14th. Mr.Isaac Rowe of Mill River Consulting went out to inspect 755 Winter Street,and things were not as they should have been. Ms. Sawyer then had a problem with Mill River based on manipulation of the facts from the installer. Ms. Sawyer would like the Board of Health to determine if there is reasonable cause for license revocation based on the history of the installer. A notice to Mr. Whyman was mailed on May 13th,notifying him to attend this meeting. A public hearing notice needs to be 14 days ahead. Therefore,if there is to be a public hearing,there will need to be proper notification. Stay 22,2008 North Andover Board of Health Meeting—Meeting Agenda Page 3 of 6 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,bID,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 Mr.Whyman spoke and defended himself at length. Dr.MacMillan stated that we need to have a hearing on this issue. The issue has to do with following proper protocol installing septic systems in the Town of North Andover. Motion Dr.MacMillan made a motion that there are sufficient facts to render a public hearing to consider a revocation,suspension or no action. The motion was seconded by Ms.Brennan. All were in favor. VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Shingles Vaccine—CONTINUED FROM APRIL 17,2008 Ms.Rillahan states that she probably has about 10 doses left. This is not enough to do a clinic. She gets a couple of calls a week,so what she has will be used fairly soon.. However,Ms. Rillahan would like to have another clinic. The vaccine is only approved for people aged 60 and over. For a clinic,we can advertise in the paper and at the senior center. Ms.Rillahan feels strongly about offering this vaccine. The private physicians will not stock up on it,as it is so expensive. How much is in the revolving fund? There is approximately$13,000 left. The first clinic, had a turnout of approximately 30-35. Dr.Trowbridge stated we can order 20 more doses,and require that people sign up. We can then provide 30 doses for a clinic. This will be on a first come first served basis only. Ms. Rillahan is speaking at the Senior Center on June 1 It",and will start getting the word out then. Motion Ms.Brennan makes a motion to purchase additional vaccine shingles up to 28 doses,with a maximum spending cap of$4,000. Mr.McCarthy seconded the motion. All were in favor. B. Sharps Program CVS on Main Street is opening on June 15t11,and we are running a sharps program at this location. Currently residents drop off used sharps at our office,and it is very far for them to go. The location is also not large enough. The best plan is for people to dispose of their needles at the same place they buy them. This program encourages communities to not put syringes in the trash. Syringes would be disposed of in a kiosk which looks similar to a mailbox. One would open it,and put the sharps in. The Health Department will manage the pickups,but the program will be a joint effort with CVS. It is great publicity for the Town. Haverhill has this program also. Dr.Trowbridge asked about reports. Ms.Rillahan states that the Health Department will be paying for the pickups,so we will know how well the program is doing. Ms. Sawyer states that Wheelabrator is going to start a program to train employees about safety,and do public outreach. They would like to somehow be involved in this program. Ms.Rillahan states that we have a monthly pickup. Perhaps there could be a sign on a box with the Wheelabrator logo. Wheelabrator is not licensed and cannot dispose of the sharps. Disposal would still need to be picked up and disposed of by a medical waste company. C. Dan Ottenheimer,Mill River Consulting Mr. Ottenheimer gave a presentation about Mill River,and his role in assisting the Town of North Andover. They are experts on issues related to wastewater. They provide the"meat and potatoes work,"as well as providing advice and guidance to the Health Department. They provide documentation of soil testing, and provide plan reviews. Mr. Ottenheimer and Ms. Sawyer will work together in the near future to develop modifications to the local septic regulations. Way 22,2008 North Andover Board of Health Meeting—Meeting Agenda Page 4 of 6 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,Nlember/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 Mr. McCarthy asked about wastewater treated by GLSD. Is Mill River involved in that? Their work I relates to homes and businesses which have septic. About 30%of homes are on septic systems in North Andover, and 70%are on sewer. There is a wastewater plan for the Town in development,under the guidance of the DPW. Ms. Sawyer would like another 10-15%to transition to sewer. Dr.Trowbridge asked what the process of documents that get reviewed. The process was reviewed. Ms. Sawyer states that years back, it took a full 45 days to review plans. Monies that come in for these applications go to the septic revolving fund. New plans are sent to Mill River,where they are reviewed. Ms. Sawyer completes the second review of all plans. When plans cannot meet local standards,they come before the Board for review. Ms. Sawyer stated that very few new subdivisions are built with septic. It is in the developers' best interest to offer sewer connections. There is a subdivision going in with septic systems behind Jimmy's Pizza. New construction and vacant land must meet all protocols. The plans the BOH acts on for variances are for repairs,which are unable to meet the standards of regulations. Dr.Trowbridge asked if Mill River only works with municipalities or some private sectors. They work with towns,as well as private sector in the Cape Ann area. Mr.Ottenheimer passed out portfolios about Mill River. He went over standards that applicants should be meeting on their projects. Ms. Sawyer asked Mr. Ottenheimer to define the difference between a Local Upgrade and a Variance for the benefit of the new Board Members. The state regulations state the standards of installations for Subsurface Disposal Systems. If this standard is not achievable for one reason or another,there are some things that are less of a concern to public health. There are two methods: Local Upgrades: ex.—Distance from a septic leaching field(Soil Absorption System—SAS)to a Private Drinking Well standard of 100 feet,and requesting a change to 10 feet. This would require a high burden of proof from the applicant. In order to help expedite repairs,the state allows that if a particular situation is not heavily environmentally sensitive,the local Board of Health can grant a Local Upgrade—i.e.—a septic system,which by state standards should be 10 feet from the property line—can change to 6 feet from the property line.This is a decision that can come before the BOH for a repair. The LUA can be granted to reduce those types of setbacks. Variances:these must go to the State for approval. The Local Upgrade Approvals include about 10-15 types. The septic designer tries to make a system as close to Title 5 compliance as possible. In the hierarchy,where does the reduction to groundwater come into play? The standard is to reduce groundwater to the bottom of the leach field. As the water makes its'way through the soil mechanism,the microbes eat the pollutants before they get to the groundwater. As a standard,the bottom of the leaching area to the groundwater, is 4 feet. Sometimes the reduction request is 4 feet to 3 feet for aesthetic purposes, or because a particular lot does not allow for more space to create a subsurface disposal system. Unless there is an extenuating circumstance,the 4 feet should be kept as often as possible,and if they can't comply, explain why. D. Trash Truck Regulation follow-up Dr.Trowbridge noted that he can send some information around regarding feedback on trash truck regulations. Way 2$2008 North Andover Board of Health Meeting—Meeting Agenda Page 5 of 6 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 E. Lyme Disease This topic was discussed a couple of months ago. Dr. Trowbridge would like a newsletter to go out with the next tax letter. It can just be a simple five sentences on items such as: sun exposure,mosquitoes,Lyme Disease,etc. Ms. Sawyer noted that the cable show was taped and edited, and will air soon. We can get copies of DVD's. The next presentation on recreational camps will be taped in June. Mr McCarthy offered to work on writing text for the next brochure that is sent with the property tax statement. F. Wood Boilers/Furnaces Mass DEP called Ms. Sawyer today and stated that they have some concern with any language that has to do with a factor, such as 75%,and what is the whole concept behind efficiency. The issue is who is going to measure that,etc. MassDEP currently has draft regulations for outdoor hydronic heaters out for public comment and will be holding public hearings in June. VIL CORRESPONDENCE/NEWSLETTERS VIII. ADJOURNMENT The meeting was adjourned at 10:10 p.m. Prepared bv: Pamela DelleChiaie Administrative Secretary Approved by: Larry Fixler / 1 Clerk of the Board Way 22,2008 North Andover Board of Health Meeting—Meeting Agenda Page 6 of 6 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,lbtember/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 AGENDA Wednesday,June 25, 2008 7:00 p.m. North Andover Senior Center 1208 Main street North Andover, MA 01.845 Present: Thomas Trowbridge, Francis MacMillan,Jr.,Larry Fixler,Anne Brennan,Susan Sawyer,Michele Grant,Debra Rillahan,Pamela DelleChiaie I CALL TO ORDER The meeting was called to order at 7:12 p.m. II PUBLIC HEARINGS Jon Whyman—Septic Installer—Consideration of Revocation of Septic License There was a Motion to open a public hearing at 7:12 p.m.by Dr. Trowbridge. The Motion was seconded by Dr. MacMillan. Ms. Sawyer provided a summary of the issues that brought this item to the agenda. Last month,the Health Department requested that Mr. Whyman appear before the Board of Health to consider a revocation of his license. The most recent installation job at 755 Winter Street was done improperly,requiring a re-design of the plan. The septic tank and field were moved without prior approval from the engineer or the Health Department. The old system was not proven to be abandoned properly. There have been additional inspections, including the Final Grade. There was a letter sent out on June 16",2008,outlining these concerns. The soil was not compacted. Pictures were taken. There were sticks,and stones, and the area in the watershed was not graded. If it rains and ponds,this causes a problem. Normally,no final grade elevations are taken,but Mrs. Sawyer was unable to measure the breakout. The possible breakout was not met, A final grade elevation measurement will need to be done. Over the tank there are two 24 inch manholes per plan. There was one 20 inch filter. If unable to get to filter,it is unable to be cleaned. Also,there is a requirement by the engineer for a manhole over the distribution box. Even after verbal and written notice was given that this license was under consideration for revocation,this work was completed in an improper manner. Recently,there has been a lot of action at the site, and it looks a lot better per Ms. Grant's inspection. The property was graded this past weekend;however, it still needs to be seeded. Mr.Fixler stated that he toured the site. There were discrepancies between the plan and what was actually on-site. Mr. Whyman spoke in defense of himself. He stated that the homeowner requested that only one manhole be visible. They were covered with a skim coat of loam. There are three manholes currently at the site. There are two by the tank,and the third cover has been raised up. There are only two manholes visible. The third manhole is covered. Ms. Grant asked some questions about the manholes,and their locations. Mr.Whyman stated that in his opinion,there was a flaw in the design,and the plumbing was in conflict,which created an obstruction to the bulkhead. Ms.Grant explained to the Board of Health what the Bottom of the Bed Inspection entails. It is placed on the plan, and the installer is obligated to follow the engineering plan. It is similar to a building following a designers plan on a house. The inspector confirms its' distance, size,corner of the house,benchmarks. From the corner of the house, Jon had taken the tape measure out to the perc test area. She asked Jon to move over to the corner where the engineer placed the stakes,and Ms. Grant measures the distances. Mr. Whyman brought it out to a fourth of the Bottom of Bed. The system was off by 20 feet. The closest point of the Bottom of Bed was supposed to be 20 feet further back into the wooded area. Those trees were supposed to have been removed. Ms. Grant stated that it was Jime 25,2008 North Andover Board of Health-Meeting—Xlee6ng- Iinutes Page 1 of 6 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,Nlember/Clerk,Anne Brennan,Member; Joseph McCarthy, Member,Francis P.MacMillan,Jr.,NI.D.,Flealth Department Staff:Susan Sawyer,1 lealth Director; Debra 1611ahan,Public Health Nurse;Michele Grant,Public I lealth Inspector;Pamela DelleChiaie,I Iealth Department Assistant now 20 feet closer to the tank. He explained that he would move the tank around the side of the house and put a couple of elbows in,which is not a good idea,because they get clogged. Ms. Grant stated that this is a huge engineering change,and engineer needs to be involved. Mr. Whyman stated that he told Mr. Serwatka about it. However,nothing was submitted to the Health Department for review,and no phone call had been received. Any changes in the field,require that all field work stops,plan is revised,re-reviewed,re-issued,and given back to the installer, Ms. Sawyer states that never, in 14 years,has an engineer changed the field area on their own without consulting the engineer. Mr. Serwatka spoke. The plan was drawn and approved. While in the field,he stated that Mr. Whyman made some valuation judgements to save the homeowner some money. Mr.Whyman called him,and stated that he laid the system out,and did not want to take the pine trees out. He also wanted to move the tank around the house. He went out and looked at where he proposed to put it. This required moving the field 10 or 1.5 feet closer to the house. Ms. Sawyer asked if when he went out to the site,was the Bottom of Bed visible? 'Yes. He acknowledged that Mr. Whyman does take liberties to try to save the homeowner some money. Dr.Trowbridge stated that because this has happened several times over the years, it has now become a problem. The liberty was taken before the before changes were approved. Ms. Sawyer quoted regulation section 3.05 of the septic regulations,regarding changes in field conditions. The installers are aware of this,and know what the protocol should be. Dr.MacMillan asked if the engineer does a walk through of the site before the plan is designed. He noted the location of the large pine trees. Mr. Fixler questioned the protocol of the design by the engineer. What would normally happen if someone asked to move a couple of trees? Would this need to be approved by the Health Department? Mr. Serwatka stated that it is Town specific. If the tank and field location are changed,the elevations can change,which can change the needs of how the distribution box is setup. Ms. Grant states that a lot of it has to do with the elevations,and where things are placed, Dr. MacMillan asked what kinds of liberties do not cause ire. Ms. Grant stated it is not just a foot off,but 20 feet off. There was anticipation of having an overdig. At another site,the engineer indicated on the design that he wanted a 10 foot overdig on two sides. He looked at the site,and before he cut the trees came down,he asked,do I really need to take these down? The engineer indicated that on one side, it was no problem,but on the other,the trees needed to be kept. The Health Department has an obligation to follow the design. A systern should not fail 4-5 years down the road. The system should last a very long time. The Board of Health has an obligation to protect the current and future homeowners. Dr. Trowbridge asked about the bed and the box. The installer made a value judgement to move the field and the box. Shep Bingham,attorney,has represented Jon Whyman for a number of years. There are a couple of things that are evident. He asked for an original plan,and the revised plan. Ms. Sawyer states that the violation in question is: "did Mr. Whyman follow the rule about changing the plans?" It has nothing to do with putting the leaching bed over the test holes. Mr. Bingham stated that Mr. Whyman did not see this as a major issue. He does not see it as a ,dune 25,2008 North Andover Board of Health'Meeting—Meeting Minutes Page 2 of 6 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 TIealth INIcmbem Thomas Trowbridge,llDS,i\ii),Chairman,Larry-Fixler,Member/Clerk,Anne Brennan,Member; Joscph McCarthy, Member;Francis P.NlacN-lillan,jr.,M.D.,I Iealth Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public I Iealth Inspector;Parnela DclleChiaie,I Iealth Department Assistant significant deviation to the original plan. The BOH members again stated that this is not the issue. Attorney Bingham is not an engineer. He can only speak to the law. Additional discussion ensued going over the issues of technical differences, and reasons for violations. Mr. Fixler asked if Mr. Whyman had anything else to say in his defense. Mr. Whyman stated that he has done about a dozen systems throughout the years here in North Andover. He tried to do the best job he possibly could. North Andover is more strict with measurements. Ms. Brennan questioned Mr. Whyman about his reasonings. Mr.Fixler brought up the probation issue in 2002. Mr.Whyman stated that there was a time constraint,as the house was being sold,and was under agreement. Roberta Gilmore,homeowner of 755 Winter Street spoke. She does not have a problem with Mr. Whyman,and the area where the trees are located is not an issue with her. There are nothing but ticks there. Mr. Whyman has been fair with her,and has saved her a significant amount of money. Ms. Brennan quoted a letter that was sent to Mr. Whyman in 2002 regarding his probationary status. If any work is done in the future that does not follow an approved engineering plan,his license will be revoked. Motion A motion was made by Dr.MacMillan to close the testimony. The motion was seconded by Dr. Trowbridge. All were in favor. Motion A motion was made by Dr. MacMillan to state there have been multiple violations since 2002 made by septic installer,Mr. Whyman. Motion was seconded by Dr. Trowbridge. All were in favor. Dr.Trowbridge offered options for possible lengths of revocation. Motion A motion was made by Dr. MacMillan that the current license is revoked after the issue of Certificate of Complaince for 755 Winter Street. Dr.Fixler seconded the motion. All were in favor. Motion Dr. MacMillan made a motion to prohibit a renewal application for a period of five(5)years. The motion was seconded by Mr.Fixler. All were in favor. Note: Mr.Whyman would be under obligation to re-take the Septic Installer test before a license will be issued in the future. III. NEW BUSINESS A. 69 Oakes Drive—Request for variances from Ben Osgood of New England Engineering: 1. (a) NA section 5.02—to reduce the offset distance between the leach area and a wetland from 100 feet to 53 feet. (b) NA section 5.02—to reduce the offset distance between the pump chamber and a wetlands from 75 feet to 48 feet (c) NA section 7.05—to allow the use of test pits conducted more than 2 years from plan submission date. ,dune 25,2008 North Andover Board of Health Meeting—Meeting Minutes Page 3 of 6 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 I Iealth Members: Thomas Trowbridge,DDS,1\41),Chairman,Larry Hiller,Member/Clerk,Anne Brennan,Member, Joscph McCarthy, Member;Francis P.iAMacMil1an,'Jr.,1M:D.,I tealth Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Norse;Michele Grant,Public I tealth Inspector;Pamela DelleChiaie,I lealth Department:assistant 2. Title 5 Variance—section 15.227(5)—to allow septic tank to be designed with inverts located below the estimated seasonal high ground water elevation. The reason for this is that the plumbing is under groundwater. Not subject to this requirement previously. They can specify tar coated tanks. They can add requirement that tanks be vacuum tested to be sure that there are no leaks. Discussion ensued. The water may not come up to the soil models,but he has to follow the standard. Motion Mr. Fixler made a motion to accept the variance request in item 2 for the Title 5 Variance. Motion was seconded by Dr.MacMillan. All were in favor. B. 502 Winter Street—Lot 3A—new construction of single family home—Local Health Bylaw variance request. i. Section 5.02 to reduce the distance between a wetland and the leaching facility from 100 feet to 71 feet. ii. Section 9.01 to reduce the required 900 sq. ft.minimum leaching bed size to 513 square feet. John Barrows of Marchionda Associates was present to speak. The current design was submitted as a re-design of a plan done in 2005. At the time, it was a conventional bed system. The wetland was 66 feet,and they wanted to use the deep hole test pits. They also received a letter addressing about a dozen deficiencies in the plan. A possible change was to propose an Eljien Geotilter Tech system. They are now requesting to move the system 71 feet from the wetland, as opposed to 100 feet. This allows a decrease to the size of the leaching system. The system is designed to meet the criteria. Additional testing was done in the reserve and primary areas. These testings were reviewed by Mill River. Ms. Sawyer is satisfied with the findings as well. Ms. Sawyer states that there is one other system in Town that has this particular system. it looks like a haybale made of plastic. It is a surface area phenomenon. The 51.3 square feet is considered to be sufficient treatment. It is a gravity fed system. There will be a d-box inspection,and will run water to see water to the inspection port and observe any drainage issues. Mr.Fixler asked about the handling of solids. This will be handled by the tank. The sand filters will provide more air. There is sand 6 inches around. The product works with columns. There is a two stage treatment and the specific sand that is required. It allows for better treatment due to the coarser gravel. This site has an Order of Conditions through Conservation. A discussion ensued about the generalities of the plan design. Motion A motion was made by Ms.Brennan to accept the variances as: i. Section 5.02 to reduce the distance between a wetland and the leaching facility from 100 feet to 71 feet. ii. Section 9.01 to reduce the required 900 sq. ft. minimum leaching bed size to 513 square feet due to the use of the Eljien system. Dr. MacMillan seconded the motion. All were in favor. C. Trucking Regulations—Discussion and Recommendations Dr. Trowbridge provided an overview of his discussion with Mr.McCarthy regarding changes to the regulations. The need for a change in the regulation has to do with the flow of traffic and TBI. The suggestion was to make some small changes, and then move forward to reworking the complete regulation. ,dune 25,2008 North Andover Board of Health Meeting—1\Ieeting i\-Iinutes Page 4 of 6 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 Dlembers: Thorns'Trowbridge,DDS,N11),Chairman,Larry Filler,Member/Clerk,Anne Brennan,iAIember; Joseph i\IcCarthy, DIember;Francis P.T-lacnfillan,)r.,AID.,IIealth Department Staff Susan Sawyer,Health Director; Debra Rillahan,Public Hcalth Nurse;Michele Grant,Public Health Inspector;Pamela Delleclti.ue,I lealt12 Department Assistant IV.APPROVAL OFMINUTES A. Meeting Minutes from April l7,2008Wbe presented for approval B. Meeting Minutes from May 22,20O8|obo presented Rxoppvovu| Motion A motion was made by N,. MuoMiUoo and seconded by Mr. Fis|mr/n accept the minutes as presented for April and May 2OOQ. All were infavor. V. OLD BUSINESS A. Outdoor Wood fired boilers—discussion of letter sent from DEP. Some revisions were made tuthe regulations and two original revised copies were signed. Ao original copy will bc sent outoDBYfor final approval. Section 5P was removed, and the penalties section was revised. VI. PRESENTATION A. Minimum Standards of Human Habitation— Ms. Sawyer provided a brief overview of the housing code,and what the Health Department does regarding the complaint process. A pre-rental housing permit program is being developed. The Town of Merrimac setup a revolving fund. Fees go into this,and ir pays for the program. . Boston ^uInspectional Services has a Rental Inspection Program and all members received the handout describing the program beoc[hx.hiy worthwhile to have uu educated landlord and tenant. The Lead Law io very serious,and Landlords are liable for a lifetime if a child is exposed to lead in their property. We could discuss how the program would behandled,such uu moving internal positions around and utilizing the part time health nurse,orhaving the food inspectors take over all food inspections,and have the Health Inspector handle the housing program. There is approximately 20%rental in North Andover. It was discussed how to handle large housing complexes, such uo Royal Crest. K4a. Sawyer asked for feedback fi-om the Board of Health in terms of what their opinions are. The Board of Health members are all in favor and support of the Health Department implementing a program. Mo. Sawyer will send the Board members o draft copy o[her proposal. l/D. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Update on New North Andover Sharps Disposal Program There will heo story ln the Boston Globe on Sunday about this program. The sharps collection box has been open utCVSon Main Street for |U days,and the box iu almost full. There have been lOO free boxes given out io the state. There was u front page article in the Eagle Tribune recently,uuwell. Wheelabrator is paying for the disposal. Medical Waste Disposal Corporation is actually disposing of the medical waste. North Andover io the model,and ifit goes well, it will bo corporate wide. Dr.Trowbridge suggests letting residents know to talk to their pharmacists if they want locations in other stores, We want to add some promotional literature*n the side. There has been no negative feedback uLall. /\o long uothe program ia funded hy generous contributors,the program will beusuccess. B. Update un the T8lProcess Dr.Trowbridge noted that the permit specifies that it outlines the soil boring for the design of the foundation. This is in preparation for signal light utthe intersection. Ma. Sawyer states that the soil boring was done n couple of weeks ago. The approval will follow from those results. Dr. MacMillan asked about foundation work. There will 600 permit application for the septic system coming iusoon. C. Board Meeting Schedule Jx,mx5,2008 North Andover Board o[Health Meeting— \,Ioc6u8.L\Gu"tux Page 5vfO 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 o/n,u/thm"rnb,o. 'm"m^"'c"owuriuoe,DDS,mo^ch"/^mn,Larry//a"r,m=mbc,/c/,rk.A"ocn"muo .wcma"njv""p/`m,cx4y. Member;Francis p.m^cum^"^k`mu.n,amo=pm^=^' Staff.a^w*Sawyer,o"^/mDirector; Debra muxm^"`Public u,m'h Nurse;m/"h"/c Dr.Trowbridge made a suggestion to not have an August meeting based on past history of this being a slow month. Keep the meeting,and if nothing one week prior,meeting can be cancelled. D. Mosquito Control Dr. Trowbridge asked if there are any updates. Not at this time. E. The newsletter was brought up. There will be some Health updates in the next tax newsletter. VIII. ADJOURNMENT The meeting was adjourned at 10:15p.m. Prepared by: Pamela DelleChicaie Administrative Secretary Approved by: Larry Fixler Clerk of the Board juue 25,2008 North Andover Board of Health-Meeting—1\1eeting-Iinutes Page 6 of 6 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'1\[embers: Thomas"Trowbridge,DDS,1ID,Chairman,Larry Pixler,i4tember/Clerk,Anne Brennan,ititember; Joseph iMcCarthy, )Member;Francis P.MacMillan,jr.,MD.,Health Department Staff.Susan Sawyer,Health Director; Debra Itillahan,Public I Iealth Nurse;IN ichele Grant,public I Iealth Inspector;Pamela DelleChiaic,Health Department Assistant North Andover Board of Health MEETING MINUTES THURSDAY,AY, July 24, 2008 7:00 p.m. North Andover Town Hall Selectmen's Meeting Room, 2"d Floor 1.20 Main Street North Andover, MA 01845 Present:Dr.Trowbridge;Dr.MacMillan;Mr.McCarthy;Susan Sawyer;Debra Rillahan I. CALL TO ORDER II. PUBLIC HEARINGS III. APPROVAL OF MINUTES A. Meeting Minutes from June 26,2008 to be presented for signature—it was requested that the Board have more time to review these minutes further. They will be presented at the September 2008 meeting for signature. IV. OLD BUSINESS A. 69 Oakes Drive—request of Ben Osgood,New England Engineering for Local Health Bylaw Variance Request: i. Reduction in offset distance between the leach area and a wetland from 100 feet required to 51 feet. (NA 5.02) ii. Reduction in offset distance between the septic tank and a wetland from 75 feet required to 58 feet(NA 5.02). iii. Reduction in offset distance between the pump chamber and a wetland from 75 feet required to 53 feet. (NA 5.02). iv. Allow the use of test pits conducted more than 2 years from plan submission date. (NA 7.05) Motion A Motion was made by Mr.McCarthy and seconded by Dr.MacMillan to approve the variances requests as listed above. All were in favor. V. NEW BUSINESS A. 991 Johnson Street—request of Ben Osgood,New England Engineering for a Local Health Bylaw Variance Request-Allow the use of an impervious barrier and segmental block retaining wall to be used in lieu of constructing a poured concrete wall. (NA 9.02). Motion: A Motion was made by Dr.MacMillan and seconded by Mr.McCarthy to approve the Variance as listed above. All were in favor. B. 250 Farnham Street—request of Ben Osgood,New England Engineering,for Local Upgrade and Bylaw Variance Request-Local Upgrade Approvals Required:Allow the use of a sieve analysis to determine loading rate in lieu of performing a percolation test. Title 5,section 15.405(1);Local Bylaw Variance Required: Allow the use of an impervious barrier and segmental block retaining wall in lieu of construct a poured concrete wall(NA 9.02) Motion: July 24,2008 North Andover Board of Health Meeting—Meeting Agenda 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 A Motion was made by Dr.MacMillan and seconded by Mr.McCarthy to approve the Local Upgrade and Variance as listed above. All were in favor. C. Trash.Truck Regulation—minor change Motion: The minor change was approved by a Motion made by Dr.MacMillan and seconded by Mr. McCarthy. All were in favor. VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION General discussions ensued with regard to Lyme Disease,Mosquito Control, Shingles Vaccination Program, Sharps Program,and Rental Housing Program. VII CORRESPONDENCE/NEWSLETTERS VIII. ADJOURNMENT The meeting was adjourned at 8:40 p.m. Prepared bv: Pamela DelleChiaie Administrative Secretary Approved by: Larry Fixler 7 ✓ Clerk of the Board July 24,2008 North Andover Board of Health Meeting—Meeting Agenda Page 2 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 l 1 i i North Andover Board of Health MEETING AGENDA j THURSDAY, September 1.8, 2008 7:00 p.m. North Andover Town Hall Selectmen's Meeting Room,2nd Floor 1.20 Main Street North Andover, MA 01845 Present:Tom Trowbridge,Frank MacMillan,Jr.,Larry Fixler,Anne Brennan, Susan Sawyer,Michele Grant,Debra Rillahan;Pamela DelleChiaie I. CALL TO ORDER II. PUBLIC HEARINGS(7:15 p.m.) A. Outdoor Wood Burning Furnaces/Boilers—Modifications to regulations—Section 5F and Penalty Section. The modifications were approved without issue, and will be sent to DEP for finalization. III. APPROVAL OF MINUTES A. Meeting Minutes from June 26,2008 to be presented for signature The minutes were signed and approved by all. B. Meeting Minutes from July 24,2008 to be presented for signature The minutes were signed and approved by all. IV. OLD BUSINESS A. TBI Updates from Dr.Trowbridge Dr.Trowbridge stated that the Board of Health controls the final permission to issue a license to operate to TBI. We have the right to object to the final permit until all mandates are completed. There is a permit to construct,and a permit to operate. Both permits are issued from the State. When the ATC is issued,there is a list of things to be done before being allowed to operate. Ms. Sawyer stated that the Selectmen asked— they are getting a pole for the electric. Ben Osgood,Jr.is installing the septic system. V. NEW BUSINESS A. 99 Marian Drive-request of Ben Osgood,New England Engineering for Local Health Bylaw Variance Request: i. Allow the use of an impervious barrier and boulder retaining wall for slope reduction in lieu of a poured concrete wall. (NA 9.02). (Note:Plan approval pending granting of this variance). Mr. Osgood presented to the Board. Soil testing in the front of the house was completed. The plan meets all the local bylaws. The system must be raised and there will be a two foot high wall. They are proposing a dry set stone wall along the property line. They plan to use some of the boulders found when they dig. The wall is 15 feet away from the system. The purpose of the wall is to hold back the soil. The distance negates any fear of collapsing. September 18,2008 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 6 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/Cleric,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 Ms. Sawyer stated that Mill River did not have anything against this fence. Mr.Fixler asked what is the harm if they built stone vs.boulder or concrete wall? What is the jeopardy to the environment using different types of walls? Mr.Osgood stated that if it were a 10 foot boulder wall,it would come down. This is less than two feet,and not much of a risk. Soil will be built up to a certain level on it. Ms. Sawyer was concerned that a swale may be needed. Where does the runoff go? Mr.Osgood stated that it runs to the front corner,and back half of the system,and then runs down the back of the yard. Certain walls are built based on the integrity of the soil and surrounding property. Mr. Osgood stated that the boulder wall is okay if the height is a two to four foot wall. Anything above that would require segmental blocks or poured concrete. Dr.Trowbridge asked about the presented layout and alternatives and required grading. Why have a wall at all and grade the soil to slope it completely? Mr.Osgood stated that there is a requirement of a 3:1 slope. This is not allowed to be changed per Title 5. Dr.Trowbridge stated that the field could be moved over to slope. Mr. Osgood stated that the reason to not do that is that the water table goes uphill. He wanted to keep the system as a gravity system. The pipe is elevation is 1.06,so if the system were moved,they would have to move the pipe,and they have to be able to run pipes into the basement. If moved up,it is more difficult,and a pump would need to be added. Also,by keeping the natural gravity system,it keeps the cost lower for the homeowner. This is the easiest type of system to maintain,and the least expensive to build. Ms. Sawyer states that the new invert is at 1.02. Ms. Osgood states that the plumbing comes out in the back,and the inside would need to be re-plumbed. This is the best setup for the plumbing because of the constraints of the inside of the home,specifically the furnace and beam. Mr. Osgood states that there is a water table four feet down. The water table follows the slope of the ground. The wall will be a dry set wall of boulders. There is a test pit in the back,but,there are wetlands down in the back. Also it is closer to 100 feet from the wetlands,so the system would not have been in the backyard. Motion A motion was made by Mr.Fixler and seconded by Dr.MacMillan to: Allow the use of an impervious barrier and boulder retaining wall for slope reduction in lieu of a poured concrete wall.(NA 9.02). (Note:Plan approval pending granting of this variance). All were in favor. A. 461 Summer Street—request of Greg Saab of ESS Engineering: i. Local Upgrade Approval request in accordance with 15.102(2)for one deep hole in the primary soil absorption system. ii. Local Bylaw Variance request-due to cost of a poured concrete retaining wall,a proposal is being made for an interlocking block wall. (NA9.02) Mr.Ed Radcliffe was present in lieu of Mr. Greg Saab due to a scheduling conflict. There is a brick patio by the front entrance way which would be difficult to relocate. Ms. Sawyer asked what is to the left of the brick patio to preclude coming out that way. She understands that it is a finished basement,and to reroute the plumbing would be difficult and expensive,and they want the plumbing to come out through that corner. To get the slopes of the pipes would ruin finished basement. They can run pipes from the garage side to that corner based on conversations with Jim Kellett and Greg Saab. They need either to relocate it or request the local upgrade. Risk wise,one would have to have a back flow from town sewer,a breach in the building sewer,and some type of problem with water line. Ms. Sawyer spoke with Tim Willett as well. They do want the 10 feet setback,but there are currently homes in Town closer than 10 feet. They will try Septem6er18,2008 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 6 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 to fully comply,but if the reasoning is fine with the Board of Health,they have a right to do that. The fact that he chose to go under a walkway,we can assume there must have been a reason. Ms. Sawyer can sign off on the Local Upgrade. The building of the site cannot go to the right because of gas lines. Due to tightness of the site,the requests look reasonable. The gas lines are of concern,as fill and heavy equipment will be around. The gas lines are at least 4 feet down. Dig safe will outline where the lines are. It is the responsibility of the contractor to maintain the proper conditions. Motion Ms.Sawyer recommends this request. Dr.MacMillan made a motion to approve the Local Upgrade Approval request in accordance with 15.102(2)for one deep hole in the primary soil absorption system. The motion was seconded by Mr.Fixler. All were in favor. Motion The engineer will maintain 10 feet from the system to the wall. A wall under four(4)feet is structurally sound. A motion was made by Mr.Fixler,to allow the Local Bylaw Variance request- due to cost of a poured concrete retaining wall,a proposal is being made for an interlocking block wall(NA9.02). The motion was seconded by Dr.MacMillan. All were in favor. Motion Item 3—add on—Take no action—S. Sawyer can grant this request for a local upgrade—. Engineer needs to submit reasoning for the request to reduce distance between the water line and the building sewer. C. 1503 Osgood Street - Request of Chris Adams, owner of property to discuss removal of use restrictions for this commercial property(Jimmy's Pizza Building) Chris Adams,trustee of 1591 Osgood Street,Nominee Trust spoke on his own behalf. He brought a letter to present to the Board of Health members,which was distributed at the meeting. Mr.Adams read fi-om a portion of the letter to begin stating his position regarding his request. Mr.Adams requested a removal of a restriction. He noted that there was a Kravens Bakery at the site many years back. Without Town sewage,there is a problem. He is under the impression that by the year 2010 there will be sewer on this street per Lincoln Daley,the previous Town Planner. Recently,Mr.Adams had an operator of a very fine pastry/bakery,interested in the site,but cannot rent to a food establishment until the restriction is removed. Due to zoning changes,there was a change of use in the buildings,and he could not rent to an actors workshop which was also interested. Mr.Adams spent$24„000 on a new grease trap,and other work at this site. He closed the miniature golf area seven years ago. Then,health problems prevented anything from happening. On July 23, 1998,he was represented by Attorneys Rossi and Phalen. The Board of Health took several actions. It was ordered that a monitoring well be installed,a grease trap,and restrict the space to particular usage. In regards to the monitoring well.Ms. Sawyer asked about the lack of reports over the last 10 years. These reports are used to determine the water table. The highs and lows are then reported by the engineer. Mr. Adams stated that Mr.Phalen confirmed that the sand on the property is good filtering sand. Ms. Sawyer noted that recently,two businesses adjoining this site had septic systems put in,and there is a high ground water table. Septeuiber18,2008 North Andover Board of Health Meeting—Meeting Minutes Page 3 of 6 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 FLYler,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 Mr.Fixler asked Mr.Adams why he was not aware of this situation. There was an attorney and an engineer representing him. Mr.Fixler asked if Mr.Adams understood why there were restrictions placed on this property. Mr.Adams stated that he went to see Dr.Rizza,a former Board of Health member, and Dr.Rizza told him that he told him that he(Mr.Adams)was being treated unfairly. Years ago,Mr.Adams had a problem with a tenant dumping grease in the septic tank. The tenant called the Board of Health in at that time. It was determined that there was no grease trap on the site. There were a number of negotiations. Mr.Adams did not have the money,and the septic system is located under the miniature golf. Rather than to order a sewer tie-in 1998,there were restrictions put into place for the septic system. The system is now 10 years older. Comments were read from pumping records. There is a 1500 gallon tank,and it was noted that 2,000 gallons were pumped had been pumped which indicates runback from the system. Four pumpings in a year is considered an automatic failure per Title 5. The system as it is,is hanging by a thread. Dr. Trowbridge stated to Mr.Adams that Mr.Adams was given instruction 10 years ago on what to do. Mr.Adams stated that he was under the impression that he put a whole new system in at the time of the grease trap installation. The miniature golf course is above the leaching field. Ms. Sawyer stated that he could have replaced the system and had two tenants. Mr.Adams is looking forward to new town sewage. It has cost him over$116,000. There is nothing to document that definitely in 1.5 years there will be Town sewage available. There is no formal statement to the Board of Health documenting this. The question was posed as to whether the Board of Health can lift the restriction and add additional users to the system. The system would most likely fail Title 5 at this point,especially with greater capacity. The items that were mandated to be done in 1998 have not been completed as requested. Dr.Trowbridge is looking for documentation of monitoring wells and some up to date proof that this is reasonable. Mr.Adams referred again to the former bakery,and is sure that they added a tank. Dr.MacMillan stated that there is simply no data to overturn the decision and consider the request. There is some hearsay, and things that were stated to be done,and were not done. There needs to be time to produce some data. The Board of Health does not wish to increase the burden on Mr.Adams,but there is no documentation to review and make a proper decision. Motion Dr.MacMillan made a motion to take no action until Mr.Adams can produce data that the Health Department requires. Ms.Brennan seconded the motion. All were in favor. VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Rental Housing Proposal—Status Report Mr.Fixler commented that he read the Merrimac Information. An overview of the program was provided by Ms. Sawyer. There are absentee landlords,who are renting to tenants of questionable character(such as stabbing incident this past year). Landlords are not paying attention to their properties. The Police Department has an interest in this. Dr.Trowbridge asked about why there is not more involvement from the Fire Department. Ms. Sawyer had a meeting with the Town Manager. It was discussed that there should be an educational session so that all the landlords can be engaged—thereby reaching out to realtors, and multi family units. Tracy Watson as manager at Woodridge has lots of ideas and how to screen tenants legally. It was thought best to work on that forum first. Ms. Watson teaches a course in property management at NECC. What do September18,2008 North Andover Board of Health Meeting—Meeting Minutes Page 4 of 6 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 Itillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DelleChiaie,Health Department Assistant we want to achieve with these regulations? Dr.Trowbridge stated that if there are educational forums we can add motivation to comply with the program,such as any landlord who attends gets a discount for inspections over the next year or so. People need motivation to go. Ms.Rillahan stated that with recreational camps,we have everyone come,and give information,and what they need to know,so when they come,they are prepared. Dr.Trowbridge states that we have to combine two ideas,and foster public relations as to what would be a motivation for them to come. Perhaps volunteers could be assembled to help with a draft. Ms. Sawyer states that the housing regulation is not a done deal. Dr.Trowbridge sees this issue as two separate entities—education and enforcement of regulations. If there is a forum put out as an educational forum,the typical landlord may feel that he already knows everything he needs to know,and does not have an incentive to attend any forums. Ms.Rillahan asked if we need their input. Ms. Sawyer wants to garner the support of the landlords,and not shock the landlord community. There will be hearings. Anything that we expect,they should already be doing. Dr.MacMillan states that they may be ignorant of some of the regulations. Dr.Trowbridge noted that landlords will follow the code. There will be fines and fees for large complexes,Boston Model,or other Town model. Dr. Trowbridge looked at the Boston Regulations. Neither one talks about checklists or reports. They speak to verifying compliance. Now,one can go to Boston online, and see the inspection reports. Are these reports made available to tenants?Ms. Sawyer states that many tenants do not know their rights. Ms.Rillahan asks if we are going to have 1,000 small files? Dr.Trowbridge addressed the issue of landlords requesting variances. He thinks that if there is a minimum that cannot be met,they will not be allowed to rent. Ms. Sawyer wants to have a forum some time in November. Dr. Trowbridge stated that we might need a fund for it,but does not need to be an act of Town Meeting. B. Possible Town Meeting Articles from the Board of Health i. The Town Manager and the Board of Selectmen asked for any articles to be submitted by October I". He does not think that the rental housing program would be put forth by the BOH. The 43D is the Lucent area to allow for streamlined permitting. There is no action necessary. ii. Revolving fund—what is the proper time to ask for a new one,such as for the rental housing program? There is another one;TBI will pay$20k a year to hire a monitor. There may be a separate fund for TBI. It is one of those things that needs to be setup. The Town is ready to go out for an RFP for Wheelabrator for air quality monitoring which will be done via the Planning Board. The Septic Consultant must be chosen as well. Dr.Trowbridge noted the various dates for MAHB—3 dates.Dr.MacMillan is going to one in Marlborough that he and Joe went to previously. Mr.Fixler went once the first year. Dates are always a Saturday. There is no funding from the Town,but there are scholarships for it. Group approved it last year. C. Mosquito Issues Dr.MacMillan asked about mosquito issues. Dr.Trowbridge stated that the mosquito district had plans to come out to local ballfields at Brooks on Tuesday. Non-school yards and ball fields will be done tomorrow pending weather. Dr.Trowbridge recalls from last year a lot of coordination. Kids hang out in the school yard. He suggested to bring kids all inside to make sure there is no accidental risk of exposure. Buses arrive at various times,and suggested that kids be brought in promptly when they arrive. September 18,2008 North Andover Board of Health Meeting—Meeting Minutes Page 5 of 6 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 D. Chemical Spill Ms. Sawyer responded to a chemical spill this week at 80 Flagship Drive. The spill was contained and it was only 150 gallons.A discussion ensued about DEP calls. . Also something for this years' goals—have phone numbers for everyone in Town. If there is an oil spill-this is who you call,etc. As a team,we will put together a list of who to go to and when. E.g.—shots,going to Africa—name of travel clinic......we can put together a phone book for the BOH members of who to call in what situation. E. Open Meeting Law—correspondence from Tom Urbelis—conference in October—invitation for Board members to go. F. Prescribed burn on Weir Hill—Susan copied to BOH. There is an air quality permit. G. Training program—MVPC—volunteer members of various boards—3 sessions open meeting law, conduct and ethics laws. VII CORRESPONDENCE/NEWSLETTERS A. Distribution of MASSDEP Emergency Notification Magnets to BOH members. Each member was given a MassDEP Emergency Notification magnet with a phone number and samples of environmental issues to respond to. VIII. ADJOURNMENT The meeting was adjourned at 9:35 p.m. Prgpared by: i Approved by: Larry Fixler Clerk of the Board i Septetn6er18,2008 North Andover Board of Health Meeting—Meeting Minutes Page 6 of 6 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 THURSDAY, G TOO 2.y 200 7:00 p.m. .. nt).. North Andover Town Hall. Selectmen's Meeting Roomy 2,d floor 1.20 Main Street North Andover, MA 01845 Present: Thomas Trowbridge, Larry Fixler,Frank MacMillan,Joe McCarthy,Anne Brennan, Susan Sawyer, Michele Grant,Debra Rillahan,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. Meeting Minutes from September 18,2008 to be presented for signature The meeting minutes were held,pending further review. The next meeting will be is Nov. 20t" IV. OLD BUSINESS A. TBI Updates from Dr. Trowbridge There is not much to announce that is new. There has been ongoing contact with TBI and legal counsel. The Department of Public Health has been in touch with them, as they are thinking about opening the recycling center, and want to coordinate our Town recycling area. There are still the same conditions to meet as we talked about last time. The list was sent to the attorney who will get the information. There are criteria which still need to be complied with,such as determining traffic flow at the Holt Road intersection,the surveillance system,and enforcement of trash truck regulations. The septic system was signed off and received the Certificate of Compliance. Dr. Trowbridge asked if the light pole has been installed. It has not. One of the questions posed is TBI obligated to provide money to the Town to hire a scientist or engineer to check on compliance. They are working on how to generate that into a revolving fund. He asked the Town Accountant to look at this issue. It has to be someone who they agree upon. Ms. Sawyer wonders if we need an engineer or a scientist. We should look at the checklist,which indicates items to check,such as tonnage,bag roller,and whether the site is clean. It is not as much science as is Wheelabrator. It is $20,000 per year for the duration. Dr.Trowbridge stated that one of the numbers is adjusted due to inflation. Ms. Sawyer stated that we have to come up with a criteria listing. We do not need to hire someone to create a criterion or spend money to have someone figure it out. Dr.Trowbridge stated that after they have done a report or two,they may go back a couple of times,and not limit to just one site Finances need to be coordinated first. Ms. Sawyer received the fist draft of the revised trash truck regulations from Attorney Jonathan Klavens. She will distribute a copy for next month's meeting,so that the Board may begin discussing it. Dr.Trowbridge stated that there is no formal communication going on,just more ad hoc conversations between Ms. Sawyer and Mr.Thomson. This is based on their conditions to comply with the site assignment and host community agreement. This is adjusted annually on the anniversary of this agreement($20k). It is adjusted upward by inflation. Octo6er23,2008 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 I Iealth Members: Thomas Trowbridge,DDS,NID,Chairman,Larry Fixler,Member/Clerk,Anne Brennan,Member; Joseph McCarthy, Member;Francis P.Ntacibrillan,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 Mr. Fixler asked about the time frame to open. There is nothing yet.The facility must be built,and comply with the agreement. V. NEW BUSINESS A. Food establishment regulations regarding the use of outdoor storage facilities Dr. Trowbridge mentioned this ongoing conversation and whether the Board would consider enacting regulations for storing food and other items. Nis. Sawyer requested that the binder be passed around which has pictures of area establishments and food storage trailers. Ms. Grant conducted impromptu inspections of various food trailers and identified the existing conditions that utilize storage containers for food. There was a list identifying the location,and corresponding pictures. North Andover has establishments that have units directly attached to the outside of the buildings, and are entered through the kitchen,but considered part of the facility by the Building Department. There are a couple of establishments, due to logistics,which have outdoor units that are 30-40 years old. There was not enough space inside,and they had to go outside. There are some establishments that have overflow of equipment and/or possibly bags and boxes that may be used in the establishment,but no food. The Health Department.has had problems with food being stored outside in unapproved containers that cannot be accessed through the building, and do not meet the proper food code. This includes such things as using wooden floors,and units that are not rodent-proof. There is a list in the food code which prohibits certain types of food storage. The majority of food establishments do not even consider this an option. The Board of Health has extreme power over an unhealthy situation. We realize it does not specifically say this regarding unattached food storage. We want to be fair to everyone. If a new establishment came to Town and wanted outdoor storage,it would not be approved. One of the things that we could do,is there is a federal guideline. In the last six to seven years,the state code adopted the federal code,except what is in this document,002-021, Ms. Sawyer recommended to consider adopting this in its' entirety,except for......We could not be less stringent than the state. The other thing that we do that the North Andover Health Department has always done is to require food safety certification. We would like to have something in writing. Ms. Sawyer passed out a definition of what the food code does. There is some sample language re: minimum sanitations. We would look to adopt and incorporate this,and the federal guideline. It needs to be cleaned up and sent to Town Counsel,once a decision is made. The Health Department can adopt the whole State regulation by reference,and then have bulleted items at a local level. Do we want to make a definition that is clear, such as,within these four walls......to be very specific. And, something such as, food storage is prohibited in...........and then list areas.There are other issues,such as food certification training,and we could renew every three years,instead of five.The requirement is that Must have 1 full time equivalent,or two part times(FTE). We also lice to have someone on site. Do we want to have an emergency stipulation,such as where food storage should be in the event of a flood, etc.? We need to identify the types of emergencies. Allow outside storage for paper goods,cleaning supplies,etc.? Ms. Sawyer thinks storage should be in the facility. Ms. Sawyer will prepare a draft regulation,and the Board will review and approve. Ms. Sawyer will ask Town Counsel if it is ok to reference state code within local regulation,adopt by reference. Town Counsel does encourage hearings to be sure that everyone knows. For November,Ms. Sawyer will have a draft copy ready. B. Removal of Massage Regulations Ms. Sawyer is recommending to rescind existing massage regulations. We have looked at the State regulations. We can't continue to permit,and do inspections. We will have no authority. Dr.MacMillan asked about the site that had a variance through the BOH. Dr.MacMillan states that if we have no power to regulate sites,then we do not octo6er23,2008 North Andover Board of Health Meetuig—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,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 need W have hon the books. Ms. Brennan asked about inspections. The state indicates inspections,but realistically, would not be able mbe inspected that often due to low staff levels. Motion Dr. MacMillan made a motion to rescind the local massage therapy establishments and therapists. Ms. Brennan seconded the motion. All were|nfavor. \/I. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Request for Proposals litt,o://www.toNN(iiofjioi-thandover.coiii/Pa,—,es/NAtidovei-NIA Purchasing/bids/ i EnvirnnmontulCoonoJ|ing—ulrquu|ityznouiNring This ia currently being done hy Tech Environmental. They are due hy Oct.27"'. 8Sin asking for the evaluation needs tohucomplete by |O/3|. They will he opened,and follow the process. Then they will 6o evaluated with criteria. SS is looking for a volunteer so we can award quickly. New contract would start January I". The RFP is online. Mr.Fixioriu iutoo:mod in reviewing the Wboo|uhrutnrcontract. ii Title This is currently being done by Mill River. Dr. Trowbridge will assist with the Title 5. K80. Sawyer iolooking for three food inspectors. She io going to get quotes this week. All contracts will bn for three years. B. %0O#Flu Vaccination Clinics i. Attendance statistics Ms.Rillahan reports that the attendance was good at the Town Hall clinic—about 120. Attendance utother locations was down. Lost BJQc*ond`due tn new management. This was u big loss for money. She also did the � Fire Dept.tonight. /\lot uf employees got the flu shots. The last big hurrah will bou1 the high school from noon time on. It will 6ciu the newspapers. They are also doing o canned good drive u1 the polls also. There will hugood � oignoge. Wo started with l.7OO doses,and about 6OO doses are left. Gave some to the schools,and they paid for it. � There will 6ou pneumonia clinic on November 2Ot" Dr.Trowbridge asked about the vaccine distribution fbcflo. There are five different formulations from different manufacturers. It came to the Health Department and was passed out To the various pediatricians. Ms. Rillahan will be doing two Wed.per month at the Sr. Center,because they lost the grant for the VNA. Ma. Brennan offered mfiod help once amonth. \/II. CORRESPONDENCE/NEWSLETTERS Tbon: was u meeting yesterday regarding the budget. The Town Manager iu creating arcxervo fund bycutting budgets of departments. There was $3,200 in reserve for non-union. Duiaua due July |u, were not given out. If Deval Patrick does not cut mid-year,they will revisit in the spring, and may receive raises at that point. This was for last years' work via Goals and Objectives. Each department was asked toreturn ].55Y6of their budget. We have ' about $2,400 left ontu| not dedicated to yu|my. Our discretionary is $6-8K to play vvbb. We atU| won't omct the $2'7V7. \/Dl. ADJOURNMENT Meeting was adjourned at8:46p.mo. Prepared by: Pumo/uDo&/C6hzie Adm/nisrrativoSeoekny / | Approved by: � Lmty Fix/m' � Clerk of the Board cxm6^,23,2008 North Andover Board of Health blo6oa—Mec6n&Minutes Page 3 "{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 oo the agenda. Board"f Health Members: Thomas Trowbridge,DDS,xuz.chvirom`Larry nacr,mnmm=/o,,k,Anne Brennan,Member; Joseph McCarthy, Member;Francis r.MacMillan,]c.oau.Health Department amff:Susan Sawyer,Health Director; o"branma,xn,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela ocmcNaic.Health Department Assistant North Andover Board of Health MEETING MINUTES THURSDAY, NOVEMBER 20,2008 7:00 p.m. North Andover Town Hall Selectmen's Meeting Room,2nd Floor 120 Main Street North Andover, MA 01845 Present: Thomas Trowbridge;Frank MacMillan;Larry Fixler;Joseph McCarthy; Susan Sawyer;Michele Grant; Debra Rillahan;Pamela DelleChiaie I. CALL TO ORDER The meeting was called to order at 7:05 p.m. H. PUBLIC HEARINGS Ill. APPROVAL OF MINUTES A. Meeting Minutes from September 18,2008 to be presented for signature-The revised meeting minutes were signed and approved by all BOH members. B. Meeting Minutes from October 23,2008 to be presented for signature-These minutes will be signed at the next meeting on December 18th. IV. OLD BUSINESS A. TBI Updates from Dr.Trowbridge Dr.Trowbridge went over the issues about an Authorization to Construct(ATO),and the checklist that needs to be completed before the establishment can open.Ms. Sawyer added a column re:the monitoring plan. Once a year,someone can check it off. This is to monitor on an ongoing basis. This is the start of getting a monitoring plan together. Several permits are given by the Planning Board and Susan is working with them to develop a list of issues to be continually monitored. Major pending items are the surveillance system,which they must pay for both installation and operation; and the second thing is to pay up to$20,000 for an environmental scientist or engineer to monitor the conditions. Ms. Sawyer stated that Conservation will monitor the site on their own,such as water testing of the outflow into the detention pond. They will not get their Certificate of Compliance until all criteria are met. New Bedford is a Town that has a sandy waste facility,and they hired a monitor on their own who checks in every six months,as the site monitoring is completed. Discussion ensued re:the Site Assignment checklist for TBI to follow before the opening of the facility. There was discussion of the monitoring issues of the plant when it opens, Dr.Trowbridge asked the BOH members to carefully review the checklist. B. Local Food regulation status-this is officially continued to December. However,Ms. Sawyer provided a brief update. The State Food Code does not provide for protocol of the actual monitoring, regulation and enforcement of the regulations. This is left to the individual Towns,and Ms. Sawyer is looking to incorporate local requirements into the State Food Code.. She will then send to attorney Urbelis for review. Xowinber20,2008 North Andover Board of Health Meeting-Meeting Minutes 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 Page 1 C. Wood Burning-a discussion ensued about rescinding the moratorium and publishing the new regulations. Dr.MacMillan asked to have this listed on the December Agenda. It is the force of law under Section 3 1 C which goes into effect once published in the newspaper. We need to get a quote from the North Andover Citizen of the cost to publish the full regulation. We can then remove the moratorium at the next meeting. V. NEW BUSINESS A. 209 Bridges Lane-Request of Ben Osgood,Jr.,New England Engineering-Allow the use of soil testing data which was gathered more than two years ago-This is something that Ms. Sawyer stated is one of the most common variances allowed. This particular request is to allow older test pits from 2001. They were performed by Ms. Sawyer at that time. The state allows test pits in perpetuity as long as site has not changed,but North Andover Septic Regulations state that they expire after two years. Dr.MacMillan asked if the site has been disturbed. We will have to check with Mr.Osgood. Motion Dr.MacMillan made a motion to grant the approval to allow the use of soil testing data which was gathered more than two years ago pending the agent checking the site. This is essentially at the discretion of the Director. Mr.McCarthy seconded the motion. All were in favor. B. 2009 Trash Hauling Truck Permitting and follow-up correspondence-A review of the outstanding trash truck companies that have not submitted applications was listed, and a copy of the letter which was sent out to the trash haulers was presented. A deadline was given of November 24th to process applications so that Ms.Grant has enough time to review truck routes of each company requesting permits and or placards. However,if necessary,the Health Department will allow to the end of the year to actually apply for permits. However,the companies need to understand that time is needed by the Health Inspector to review the applications,and if they are late coming in,they may not receive their permits and or placards on time,and may get ticketed in 2009 for not having them on their vehicles. If the application comes in complete,a decision will be made. If there is not enough documentation with the application,and the companies in question have not complied with the additional information requests,the companies will need to come before the Board of Health at the December meeting before any placards and permits can be issued. The discount needs to be approved for Mr.DeRosa as well (Integrated Paper)and Bill Thomson of Northside Carting. We need to find out if they are asking for the same amount. If the backup does not support that application,it must be discussed by the Board of Health. Northside Carting has 43 vehicles,and not all of those vehicles needs to take a left at the Holt Road intersection. C. Waste Hauling Regulations-Interim Amendment Motion A motion was made by Mr.Fixler to adopt the amendment to the BOH Regulations to the hauling and disposal of solid waste, as written by the board's attorney. The Motion was seconded by Mr. McCarthy. The amendment was signed by BOH members. All were in favor. D. Rotary Upon Dr.Trowbridge asking if there were any other issues to discuss,Mr.McCarthy brought up some public safety concerns about the old center rotary construction.His concerns were discussed and the members generally agreed with his concerns.The conclusion was that it was not really a Board of Health issue,and that Mr.McCarthy should write a letter to Mr.Ray Santilli,Assistant Town Manager,who coordinated this project. Mr.McCarthy will do this. Novent6er20,2008 North Andover Board of Health Meeting—Meeting Minutes 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 DeHeChiaie,Health Department Assistant Page 2 E. Housing Regulations-Dr.Trowbridge noted that he spoke with the Chairwoman of the Selectmen, Ms.Rosemary Smedile about concerns of rental housing in the Town of North Andover. This has now moved from an idea into implementation. There have been problems in the area around the Thomson school,such as drug and gang activity in properties that are rentals. In Royal Crest,the police responded to a complaint and found chickens being kept in kitchen cabinets of an apartment. What has happened now is that the Police Department has put together a regulation which is under review by Town Counsel. This regulation will evolve as the need arises. The regulation is responding to what the most urgent need is at the start,and then move on from there. Dr.Trowbridge offered to meet with Ms. Smedile to discuss if it is more imporant to focus on education or enforcement,with regard to tenants and landlords. The Selectmen's interest is in safety and upgrading the stock of rentals in the Town. We will see what comes from the Police Department and have further discussions from there. The Town of Attleboro and others are starting the same process. The economy is not going to make this any easier. When people do not have as much money,they look for less expensive rentals. VI.ADJOURNMENT The meeting was adjourned at: 8:50 p.m. ? A"X Novetn6er20,2008 North Andover Board of Health Meeting—Meeting Minutes 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 Page 3 North Andover Board of Health c �j (-,, � MEETING AGENDA t' t�N", q THURSDAY,December~ 18,2008 7:00 p.m. trl._...ii. North Andover HIGH SCHOOL Lecture Hall 430 Osgood Street North Andover,MA 01845 Present: Thomas Trowbridge;Frank MacMillan,Anne Brennan;Larry Fixler;Joseph McCarthy; Susan Sawyer; Michele Grant;Debra Rillahan;Pamela DelleChiaie I. CALL TO ORDER The meeting was called to order at 7:20 p.m. II. PUBLIC HEARINGS III. APPROVAL OF MINUTES A. Meeting Minutes from Nov.20,2008 to be presented for signature—Postponed for further review. Will be signed at the January 22,2009 meeting. IV. OLD BUSINESS Wood Burning Moratorium—The Outdoor Wood Burning Regulations will be published in the North Andover Citizen tomorrow,December 19,2008.Effective upon publication,the Moratorium will be null and void, and replaced by the current regulations. Approved on unanimous vote of board. V. NEW BUSINESS A. Trash Hauler Renewals for 2009—Late or missing information on applications to be discussed— Complete Waste Corp.;Empire Recycling;BFI—Revere;Huston Disposal Services; Sons of Kristoff, Inc.;Northside Carting Ms. Grant spoke in general regarding trash trucks. Mr. Thomson of Northside Carting spoke on his own behalf He is applying for permits and placards. Northside Carting is the only waste hauler located in Town, and he has traditionally received a fee waiver. Mr. Thomson stated that he added more vehicles for municipal collection. Northside Carting currently has 44 placards,20 all road, 14 Route 114 and 10 for Route 133. A discussion ensued regarding the need for due dates to be met for the application to be in,which was November 24t". There was also backup information required, such as all the routes taken,days trucks are in and out of Town, and how many. We need to take a close look at the trucks that go through the Town,and limit it,based on the route. Without the proper information for review, it is difficult to make a decision. Mr.Thomson stated that he does not agree to giving out his customer records. He thinks this is confidential. Mr. Thomson was reminded that the Health Department issues all dumpster permits in Town, and keeps a record of the dumpster companies that provide service to each dumpster. Dr.Trowbridge referred to last years' situation when the Health Department did not have all the information from Northside Carting until the day before. Deadline submissions cannot be at the convenience of Northside Carting, or any other companies. There are established deadlines for a reason, and this must be respected for all who have deadlines. Ms. Sawyer stated that there was one violation issued this year. Mr.Thomson stated that the violation was ultimately dismissed by the court. lnecetnfier18,2008 North Andover Board of Health Meeting—fleeting Agenda 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,NID,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 Motion Dr. MacMillan made a motion to approve the permitting of the number of trucks that Mr.Thomson needs. Mr.McCarthy seconded the motion. All were in favor. Ms.Brennan asked about the application issue. Dr.MacMillan asked Mr. Thomson what he would request as a board action. Mr.Thomson requested that the NAPD be notified that there will be a delay in issuing permits to Northside Carting„until the Board of Health makes a decision at the January 2009 meeting. Dr. Trowbridge stated that on February 12,2008,the day before the February Board of Health meeting,Northside submitted a stack of information for application review. Will there be a deferral to the January meeting? The Board agrees that Ms. Grant needs an opportunity to review the information. The Board will discuss numbers at the January meeting. Ms. Grant agreed that she could review the information by the January meeting. Ms. Grant discussed the trash truck review process. There were 9 or 10 companies who have not responded by the required deadline to allow enough time to review applications. A multitude of phone calls went out reminding companies that backup information was needed,or to come and pick up their permits and placards. In the coming year, outstanding tickets are going to be taken out of misdemeanors,and changed to a criminal record. Complete Waste Corp. on the South Shore did not respond. The driver was pulled over during the year, and was advised to get permitted. Sometimes companies sell out to another company through the year,so things change on the list. Some companies run their own facilities, and some contract out to larger companies. Ms. Grant also needs to know who the contractors are. Empire Recycling showed up at the office at 5:30 this evening. They had two outstanding tickets. Ms. Grant called this company today and advised them that the tickets would go criminal if they did not respond by today. For 2009, the Health Department is not issuing permits or placards if the information is not submitted properly. Empire Recycling paid for two violations at Town Hall this evening before coming to the Health Department. They have now submitted their application,which now needs review. Sons of Kristoff will be ticketed,as nothing has been received. Everyone referred to Ms. Grant's very detailed spreadsheet for up to date statistics on the permitting process. Mr.Thomson revised his number of requested placards to 16 for all roads, 6 for Route 133, and 6 for Route 114 for a total of 28, down from 44 placards for 2008. This number will be valid until January 22,2009. Ms. Brennan inquired about the fees. The fee waiver of 40%for placards and permits in the past was discussed. Motion Dr.MacMillan made a motion that Mr.Thomson of Northside Carting should indeed pay the full fee of $100.00 per placard,and no waiver should be allowed. Mr. Fixler seconded the motion. All were in favor. Motion Mr.MacMillan made a motion to allow the number of requested placards until the January 22,d Board of Health Meeting. The motion was seconded by Mr.McCarthy. All were in favor. Ms. Grant noted again that she needs to receive the application and fee,as well as all the backup information by Friday or Monday. This will need to be issued by the Town on Tuesday, as the first of the year begins the new [Decetnber18,2008 North Andover Board of Health Meeting—Meeting Agenda 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 permits and placards. Dr. Trowbridge asked about what else the Health Department needs. Mr. Thomson asked about Integrated Paper, Ms. Grant will give them the option to request a waiver or pay in full. This is an issue of being equal among the applicants. It is not a punitive action to remove the fee reduction. This is stating that everyone pays the same. Ms. Grant has permits and placards for this company,and they are just waiting for a motion on the issue of Northside Carting. If Northside were to have a fee reduction,they would also likely request it. If not,they are willing to pay the full amount. They are just waiting to see what motion was determined for Northside Carting first. B. 2009 Meeting Calendar The meeting calendar for the New Year was discussed,and the dates were agreed on. VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION VII CORRESPOND ENCE/NEWSLETTERS VIII. ADJOURNMENT The meeting was adjourned at 9:40 p.m. Prepared by: Pamela DelleChiaie j Administrative Secretary Approved by: Larry Fixler Clerk of the Board (Decemberl8,2008 North Andover Board of Health Meeting—Meeting Agenda 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 Fieler,Member/Clerk,Anne Brennan,n-Iember; Joseph McCarthy, Member;Francis P.MacMillan,Jr.,M.D.,Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele j Grant,Public Health Inspector;Pamela DelleCliiaic,Health Department Assistant j