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HomeMy WebLinkAbout2006 BOH Minutes North Andover Board of Health MEETING MINUTES THURSDAY, January 19, 2006 7:00 P.M. Town Hall Building 120 Main Street,2n`t Floor Meeting Room I CALL TO ORDER The meeting was called to order at 7:06 p.m.by Dr.Thomas Trowbridge. Present: Dr. Thomas A. Trowbridge,Jonathan Markey, Susan Sawyer,Michele Grant,Debra Rillahan,Pamela DelleChiaie II PUBLIC HEARINGS A. CVS,110 Turnpike Street,North Andover—3rd tobacco violation Mr. Beauregard presented. On November 22nd 2005,he reviewed the Tobacco sales rules with the two students engaged to work with Healthy Communities. Each student signed the designated form,tips for teens. The students are to always empty their pockets,and do not carry identification;only cash that Mr.Beauregard provides for them. A 17 year old male went into CVS on Turnpike Street. For clarification,this is the same establishment that used to be located at 350 Winthrop Avenue. The student entered the establishment on Tuesday afternoon at 3:44 p.m. He was not asked his age,and did not present identification. The cost of the cigarettes was$4.68. The person who sold was a male adult. Mr.Beauregard went into the store within ten minutes and spoke with Jennie. He usually asks the manager to speak with the clerk. In addition,Mr. Beauregard would like to point out that there was a beligerant customer at the pharmacy and police were there at the time,so there was some chaos in the store which could have been distracting at the time. Mr.Bill Peterson from CVS stood up and spoke,confirming the above incident in the store. The clerk stated that he was distracted by what was going on;however,the employee was terminated immediately. CVS is going to identify everyone coming in to purchase cigarettes. The health and well being of the community supersedes this. If no identification,the cashier will call the manager,and judgement call will be on the manager. Mr.Peterson states that he started in September in this location,and it is now all new management. This is a new location for the same franchise(moved from North Andover Mall to the new location on Route 114). He has never had a violation in any other store lie has been in, and does not intend to have another one. The cash registers are programmed to come up with the current days date,and to enter the age of the person. An arbitrary number can be entered by the clerk. Mr.Beauregard states that the store management is still an agent of the principal,so all violations are coded under this location. There have been two other successful checks already. Mr. Markey states that he will view this as a first violation,however,under the circumstances,whereby this is all new management for a franchise that is so large. As this violation is being reviewed as a first offense,there will be no leniency for any subsequent offenses. Dr.Trowbridge states that it is an important point they are trying to make,so the fine needs to be imposed. It is not the intent of the Board of Health to have employees terminated due to the sale of cigarettes;rather to educate them on the reason for the regulations. In lieu of termination,a fine could be imposed on the employee as a means of discipline. Mr.Peterson states it is store policy to have the termination policy in place. Ms. Grant commented that it could be devastating for a teenager to be terminated,and proposes that the store re-review their policies. 7auua1y 19 2006 North Andover Board of Health Meeting—Meeting Agenda Page 1 of 4 Board of'Heakb A�IemGer:�° Thonuu'1'rorvbru/ge,DDS,AID,Chairman,Jonathan Alarkey,Member;Chegl Baratiak,Clerk � Health Deparlunud 5'ta/l:Saran Sanrj�er;Health DivrrMr; Debm Rillahan,Public Health Nll re;Michele Gremt,Pablic I leaf/h hmperlor; Pamela DelleChiaie,Ileallb Departmeul f uistaal Motion: Dr. Trowbridge motions to have CVS pay$100 fine instead of the standard$300. The Board will view this as a first violation under Section J. The Board will recognize any future violations to be in pace with the current Tobacco regulations. Mr.Markey seconded the motion; all were in favor. B. Lem bos Marketplace, 109 Main Street,North Andover—2"`'tobacco violation. Mr.Nick Lembo, owner of Lembos Marketplace spoke on behalf of his establishment. This store was formerly Star Market. There was a change in name only. Mr. Beauregard states that on Nov. 22"d @ 5:27 p.m.,the same 17 year old male made a purchase of Newport cigarettes for$5.83. The clerk was a female young adult. Mr. Beauregard spoke with a Dan,who was the Manager in charge. The manager assured him that they were not going to fire the clerk, and that he would speak with the cleric directly. This is only the second violation in many,many years. Mr.Lembo states that this particular 17 year old girl is very shy,and was very upset over the cigarette sale. Every employee re-read the tobacco policy, and the girl was moved to another area where she cannot sell cigarettes. She was given a week off as a disciplinary action,Ms. Sawyer asks that the fine to the employee is worded as"May"if the establishment chooses to do so. Dr. Trowbridge asks for comments and requests. Mr.Beauregard states that Lembo's has done well by keeping cigarette sales in one area,and handles them discreetly. There is a move by some of the larger chains to sell at any location, and advertise through the store. He recommends a three day suspension,and to add a period of time for an all identification policy. Motion: Mr.Markey made a motion in favor of a reduced suspension,as suggested by Mr.Beauregard. Dr.Trowbridge seconded the motion. All were in favor. Dr.Trowbridge asked about Sam's Mobil where there were issues of sales in the past. An officer in the store vouched for the tobacco purchase,and the clerk let it go. Mr.Beauregard spoke to him about this. There were two additional checks,but no sales. It was noted that Main Street Liquors on Main Street has been the only store that did not sell tobacco to minors. A citation recognizing the fact that there were no sales will be issued at another time. In section DA of the Tobacco Regulations,the Tobacco Coalition considered changing the wording that anyone younger than 30,be identified,instead of the arbitrary age of 27. Regarding the Tobacco Regulations,the following motion was made: Motion: Mr.Markey made a motion to change Paragraph DA,from the word"older" to "younger." Dr.Trowbridge seconded this motion. All were in favor. The Board members will sign the amended regulations at the next Board of Health meeting. III APPROVAL OF MINUTES December 15`i',2005 Meeting Minutes approval as written. Ms.Barczak will sign the minutes at the next meeting,as she was absent from this meeting. IV COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Update regarding Emergency Preparedness Plan Ms. Sawyer spoke about the current Town of North Andover census form and gathering information about homebound,disabled elders. The Health Department arranged to add a section on the form to gather information about homebound residents and those who need power supplies for life sustaining machines. It is estimated by the Town Clerk that 70%of census forms are returned,so the Health Department is hoping for a good response. This method saved the Town a 7auua!y 19 2006 North Andover Board of Health Meeting—-Meeting Agenda Page 2 of 4 Board oflleallh Member Thomas Tion Midge,DDS,AID,Chairman,Joaualhau Marky,Alember;C.hegl Barctiak,Clerk Ileallh Doa lwenl S"la/,�Susan Seger,Heallh Dhvelor Debra Rillahan,Public Heallh Name,Michele G/nnl,fabric Health Ilt peaoa, Pamela DelleChiaie,Heallh Aparlmeul 11s.vislanl i lot of time and money;the Police and Fire Departments are in agreement. This is one of the deliverables that needs to be done for Emergency Preparedness. Another deliveraboe is a COOP plan(Continuity of Operations Plan). This plan details what to do in the case of an emergency that results in 40%of critical personnel becoming ill or unable to work. She explained about how we are going about this.We have to decide about"the list of succession",(making a list who will be the responsible party if this were to happen)she thinks succession would be another leader type person,such as a nurse,as opposed to just the personnel within the department. The COOP plan is due by January 31,2006. Ms. Sawyer states that our coalition is working on this,and need to determine what the core functions are. The Health Department may not be able to do food inspections,but change scope of inspections, such as a general check. For the plan we must identify the person to cover, check the job description,and have that person sign and accept it. This is hard to do department by department. Homeland Security has a similar plan that covers the town, and we have a small one. Deb and Susan are meeting with Chief Dolan and the Town Manager regarding this issue. Mr.Markey asked about 40%. This would actually be 50%,if two members are unavailable. Mr. Markey states that the best nurse coverage would be a school nurse. Further discussion of the issue continued Another deliverable,regarding required training of responders was discussed.Dr. Trowbridge asked about a link to the program. Refer to Exercise, second to last page under exercise under FEMA. The ICT,requirements trust be completed by June 30"',2006. ICS 100 and NIMS IS 700. Additional discussion ensued. Regarding the Emergency Operations Plan;this does indicate who does what;the strategy for the pandemic flu;who decides that the schools should be closed,etc. A designated PIO(Public Information Officer)will provide the direction in terms of who will handle what depending on emergency situation in Town. They would determine who would be the lead person. Jeff Coco is the Emergency Management Director, He would be the first person that the Town Manager would call. He is aware of the roles of Police,Fire and Health. The CEMP(Community Emergency Plan)plan has a chart to go by,Ms.Rillahan stated that it would be a good idea to have a BOH meeting just focusing on Emergency planning. A lot of Towns have mass immunizations,and it would be good for us to have a trial run,but it needs to be very specific. Logistics such as parking,busing,etc would need to be worked out. It would be ideal to have a mock training. Hundreds of volunteers would have to be secured. Mr. Markey stated that we should use space at the Lucent building to do it. The location must have refrigeration,loading docks,security,administration,etc. Dr.Trowbridge asked about COOP Plan due by January 3150. Ms. Rillahan states that it is an evolving plan. She will to get the plan onto a CD for easy access. She will work on getting copies for the BOH members for next time. B. Lifeline Screening Program Ms. Rillahan would like to offer this in North Andover. This would be in April,around vacation week(see Deb for dates). This does not cost the Board of Health any money. There are four screenings. We don't have to guarantee a certain amount. We are in essence,a facilitator. All the administration and the cost are handled by Lifeline, Ms. Rillahan will look around for a space, and we will narrow down by date. Perhaps a church would be good,such as First Calvary, or St. Michaels. Will ask if a Saturday is better for response,otherwise,after vacation. Ms. Sawyer asked about checking with the Senior Center first,as a lot of elderly. 9anuaa 19 2006 North Andover Board of Health fleeting—Meeting Agenda Page 3 of 4 Brant a(Heallh Member., Thomas Trrnvhridge,DDS,AID,Chairman,Jonathan Markey,Alunher,Cheryl Brnzyak,ClerF; Health Deparlrnenl Slaty:Snarn.Srnr�er,llealt/a Dbvetar, Dalara Billahcrn,Publtt Haal/h IVra�c,A4ichele C;rant,PnGh'c Health InapecYar, Pamela DelleChlaa'e,Heallh Deparlment As islaal i V OLD BUSINESS A. Discussion regarding revising the North Andover Massage Therapy Regulations There have been some concerns about changing some of the items in the regulations. Preliminary discussion ensued.The board was given 2 other town regulations to look at. Susan will continue to compare them to our local regulation currently in place. B. Staff reviewed the Calendar of Deliverables for Local Health Emergency Preparedness and Response Coalitions VI NEW BUSINESS A. Leanne Caliri requests a variance to the age requirement of the North Andover Massage Therapy Regulations to apply for a Massage Therapy License in North Andover. Ms. Caliri was not present at the meeting. However,the Board briefly discussed this issue, and does not have a problem with the age if she wishes to pursue the matter,however they will not grant a variance without the applicant present. B. GLSD Settlement Agreement—to be signed by Board of Health Members The agreement was signed and will be forwarded to the Town Manager's office. VII ADJOURNMENT Meeting was closed at 8:50 p.m. Prepared bv: Pamela DelleChiaie Administrative Secretary Approved by: Cheryl Barcza�k Clerk of the Board` 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. 9auuary 19 2006 North Andover Board of Health Meeting—Meeting Agenda Page 4 of 4 Boaa-1 jdJIealth Alember;: Thomar Troxli itl e,DDS,AID,Chaironrug joaaalbaar Mai buy,Alunber,-Cheayl Banc:pk,Clerk Heallh Doarimenl Dq4:'Suarn Sawyer,Health Dhactor; Debra Rillahem,Paablic Heallh Nm se;Alicbele Graut,Paafifie Heallh In./heehn; Pamela DelleCbiaie,Heallh Deparlment As istanl TOWN OF NORTH ANDOVER 0RT#j w�p Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT 400 OSGOOD STREET NOR'1'11 ANDOVER, MASSACHL)SE'Fl-S 01845 C 978,688.9540-- Phone Susan Y.Sawyer,REHSIRS 978.688.8476 FAX Public Health Director E-MAIL: heaftlid .1@tpwLio 'L ft qrthandover.corn WEBSITE,jittp�/L,�y�w.t Qw—n 0 If-n.-o–r,t h—an d o v e i_�c o m North Andover Board of Health-MEETING MINUTES Wednesday, February 15, 2006 7:00 p.m. Town Hall Building 120 Main Street conference room 2,d floor CALL TO ORDER A. The meeting was called to order at 7:09 p.m. Present: Dr. Thomas A.Trowbridge,Chairman;Cheryl Barczak,Member/Clerk; Susan Sawyer,Public Health Director;Pamela DelleChiaie,Administrative Assistant Absent: Jonathan Markey,Member;Michele Grant,Health Inspector;Debra Rillahan,Nurse II PUBLIC HEARINGS A. No requests were received at this time. III APPROVAL OF MINUTES A. The January 19,2006 meeting minutes were approved and signed by the Clerk as written, IV COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Handout: Be Prepared for Pandemic Flu: Key Tools for Local Public Health Susan Sawyer commented on the Town of Andover training facility in Andover. This is a good location to go to for any necessary training, Ms.Barczak will plan to attend. Dr.Trowbridge is planning to attend a separate medical training. Ms. Sawyer asked if anyone went online to check the ICS module training talked about at the last meeting. Dr. Trowbridge did look at it,and thought it looked very thorough.He will look at it again when he has more time. The Health Department has until June to complete the training. Other bio-terrorism items call for ways to spend money on a stockpile of items for a pandemic. Any one town does not have the space to store(for example) 30,000 syringes. The idea is that seven communities would stockpile 5%of various types of medical supplies, and would need a closet sized space. If North Andover had a problem,one of the neighboring communities participating would be available to call on. This avoids keeping 100%of supplies at any one location. If we need to draw from each other,we can,and we have at least a start. Ms. Sawyer will e-mail the list of items to the Board members to look over. Dr. Trowbridge asked about the CD that Debbie was going to make up. It has not been completed yet,but will be. February 15,2006 North Andover Board of Health Meeting—Meeting TAinutes Page 1 of 3 Board o Thomas Trombi-id 9 r,�ak,Clerk �Ileallh Metwbet ge,DDS,AID,Chairmen,Jonathan Alarky,Member;Cho I Bw I leallh QeparLlijenl Slab:Susan Sam;I leallh Diador; Deka Rillahan,Public Health Nurfe;Alichele Greml,Public fle(illh htoeaor,- Pamela DelleChiaie,Ileallh DeparlmenlArsislewl B. Discussion of the Health Department Budget Ms. Sawyer directed Board members to a pre-selected 5 pages of the Fiscal Year 2007 budget. Mosquito Control is included. Ms. Sawyer contacted the state for a cost estimate,and Town officials approximated the $85,000 cost. She wrote the warrant article,and contacted the Town Manager. This amount is indicated by the Department of Revenue. There are no dates set yet for meeting times to broach the finance committee about questions or requests yet. There is a proposed 50%cut to the Nurse position to 15 hours. There are a lot of items from last year that we can justify the position for. Bio-terrorism items would have to be handled by other staff. We will have an opportunity to appear before the Selectmen to discuss the budget. There were no other changes other than the Nurse hours. Ms. Sawyer is also going to get a proposal from the VNA. The cost would be approximately$40,000 for a community the size of North Andover. It is not required that the Town provide nursing services,but it is a benefit to the community. Health Department Revenue With regard to the amount of$73,000,Ms. Sawyer indicated right away that this amount was inaccurate. This includes the OFFAL Fee amounts. It should have just been$58K,not$58K plus$11K. In addition,there was over-estimation on burial permits. It is much less than what is estimated. It is actually about$4,000 on an annual basis. Sealer fees did not go up until recently. The more accurate estimate is$48,000. The Sealer of W&M does not end up in a health account. TBI Accounts The majority of bills were paid by the Town Manager's office. All of a sudden,there appears to be no money left available in the account. Review of a spreadsheet listing deposits and payments was reviewed by the Board. In the past,we talked about using Wheelabrator funds to cover the cost of TBI hearings. No number was actually chosen. We have spending caps in this particular account that we are not supposed to go over$40K unless asking for higher approval. Ms. Sawyer put in her projection of about$1 OK. The Health Department has already spent approximately$11 K on mosquito control. Ms. Sawyer would like some direction as to how invoices will be paid. The January hearing and interveners expert fees will be paid for by TBI. Legal fees are paid for by the Town Manager's office. Dr. Trowbridge asked about whether the consultants met their contracted fee amounts. The HSH and CDM were contracted fees. Dr.Trowbridge stated that we are responsible for Ken Kimmell,the Attorney and Art Kreiger,Hearing Officer. The way the regulation is worded,there is a formula,and we are supposed to be within it. Ken Kimmell knew about all the fees,as all billing goes through his office. Dr. Trowbridge asked that we double check the amount spend on the consultants to see if they are within their contract agreements. Ms. Barczak stated that when we talked about regulations in beginning,Ken Kimmell did say that the hearing officer could have TBI pay for additional fees as well,at his discretion. Discussion ensued regarding the possibility of taking money from the Public Health Account. Office Move With regard to the Community Development&Services Division(CDS)office move to 1600 Osgood Street,the Health Department Revolving fund could be used to pay for some types of things,such as a sink. Management staff has seen the new space. Unfortunately,Community Development does not seem to have the funds at this time to move. The electric and phones bills were beyond budget;as a-result,funds from the next fiscal year may need to be used. In addition,the original move date was pushed off because of internal work that needed to be completed by Ozzy Properties,the new owner of the previous Lucent Building at 1600 Osgood Street. The new office space is a shell,and the CDS Division finances everything else. Ms. Sawyer is concerned that the move date will be pushed up quite a bit,probably not until July,largely due to the fact that the money set aside for the move was cut out of the budget last year. The hope was to move the first week of March. Curt Bellavance,Community Development Director,is looking into what can be used within the current budget to help finance the money for the move,so they could front the electrical work. 'Fe6ruary 15,2006 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 3 Boar Healllr Member r. Thomas Trowbridge,DDS,AID,Chairman,Jaualhan Marc y,Member Chei Bair!�yk,Clerk Heath Doarimeal Stair Snsnn Saw��er,Heallla Dn-eaor; Debw Itillahau,Pulvic health Nur e;Dlichek�Granl,Public Health baspedor Pamela DelleC'hiaie,Heallh Departmenllirsislanl The Health Department does not have much to contribute to a move. Mr.Bellavance is doing his best to try to find funding for the move. The money designated as what the Division saved from current rent was earmarked to assist in the funding,but the last move happened on short notice,and that move money had to be covered. Dr.Trowbridge stated that$85k is allocated to the Mosquito District. A discussion ensued with regard to the benefits of this program vs, other programs and services. Dr.Trowbridge is surprised that the monies for this program were inserted back into the budget without the Health Department advocating for the Towns're- enrollment. Other programs may be more of a direct benefit to the residents of the Town of North Andover. The Health Department has to make hard choices while striving to maintain good customer service. Ms. Sawyer states that as a unit,the CDS Division helps each other as much as possible. Dr.Trowbridge asked about communicating with the Town Manager about not having money for the Mosquito District,and using it for other things. Would it be possible to use H.D. Revolving Fund to fund the other half of the Public Health Nurse hours? We can use funds to pay for certain Health Department necessities now. If the department were to bill that account,any payables would need to be submitted as an invoice. If the fund can be separated to fund a portion of it for the Nurse salary,it would rectify the problem of the next Fiscal Year. If the Health Department does not provide services such as home visits to a certain number of elderly residents, what would be the cost of service for the Visiting Nurse Association(VNA)to provide this service? This is not a requirement of the Town to visit these people, it is provided as a service and a personal touch. Many towns do offer the VNA,however. Dr.Trowbridge asks for more black and white numbers of what the cost would be to provide alternative services if this is a service that these residents do not want to lose. V OLD BUSINESS A. Board members signatures were secured from Cheryl Barczak and Dr.Tom Trowbridge for the slightly revised Tobacco Regulations in the Town of North Andover. Jonathan Markey was not present,and will sign at a later time. VI NEW BUSINESS VII ADJOURNMENT The meeting was adjourned at 8:10 p.m. Prepared by: Pamela DelleChiaie Administrative Secretary Approved by: Cheryl Barcz Clerk of the Board Te6ntary 15,2006 North Andover Board of Health Meeting—Meeting-iN inutes Page 3 of 3 Board o Aeallh Members Thomas 1 i o)vb&1 e DDS,AID,Cbaiirl e n,Jonalban Markey,Member;Cegl Bain Pik,Clerk Ileallb Doarlmenl Sta(/.Snran 3'mtryer,Noalth Du���for Delira Rillaban,PrrblitileaU/i IVisrre;A4icb�le Grout,P�iblii I3rallb La. eclat Pamela DelleChiaie,Heallb Deparlmeni AssbYani North Andover Board of Health MEETING MINUTES Tl-URSDAV, March 23,2006 7:00 P.M. Town Hall Building 120 Main Street,2"d Floor Meeting Room I CALL TO ORDER Members Present:Dr.Thomas A.Trowbridge,D.D.S.,M.D.,Chairman, Cheryl Barczak,Member/Clerk, Jonathan Markey,Member Staff Present: Susan Sawyer,Health Director;Michele Grant,Health Inspector;Pamela DelleChiaie,Health Department Assistant;Absent: Debra Rillahan,Public Health Nurse II PUBLIC HEARINGS a. Tobacco Hearing Violation Messina's Liquors 1 I Main Street Ron Beauregard of Healthy Communities presented. A 17 year old male and a 16 year old female were with him during the compliance checks. Each teen signs the standard agreement"Tips for Teens"which indicates that there is nothing in their pockets,and no identification. They did carry money provided in the amount of a$10 bill. The teen entered the establishment in the usual fashion,and came back with Newport cigarettes,at a cost of$5.25. The student filled out an affidavit stating that he received the cigarettes from the sale. Mr. Beauregard met with the Store Manager,and a received a sincere apology. The recommendation is to agree on the second offense an all I.D.Policy and reduce the suspension from 7 days to 3 days. This would be up to the store to adopt this policy. Mr.Beauregard's goal is to have an all I.D. Policy or to up the age range. The City of Methuen just adopted an all I.D. Policy to anyone who looks under 30. The only age they are thinking of is 27-30 years old. Dr.Trowbridge asked to hear from Mr.Messina. Mr. Joe Messina spoke,and stated that he does try to enforce these laws. This is a new employee who was hired on November 17,2005,and started on the register on January 1,2006. However,he has no problems taking the recommendations under advisement. How would this type of program be put into affect? Does this mean everyone who comes into the store must be carded? He understands that the Board of Health is there to enforce the laws. Mr. Sullivan asked to speak. He prepared a short written statement of which a copy was submitted for the record. Within his statement,Mr. Sullivan quoted that he will personally pay the$200 fine,as well as the $50 penalty. He now has 250 reasons not to sell tobacco. In addition,Mr. Sullivan was given a verbal and written warning from management. Mr. Sullivan would like the Board to consider not invoking the suspension upon the store. Mr.Markey asked Mr.Beauregard if the signs were still up at CVS on Route 114. Mr.Beauregard states that they are up,and Mr.Markey comments that,as a result,it appears to be working. Ms. Barczak asked for clarification on the suggestion of checking ages. Dr.Trowbridge asked about how the sign is setup. Mr.Beauregard says it states that: "We I.D. all Patrons." Mr.Messina states that he only makes$500 per week in tobacco sales. Ms.Barczak comments that she appreciated Mr. Sullivan's comments,and is glad that the upcoming tobacco training on April 4th is coming scheduled. Warcfi 23,2006 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 Health Members: Thomas Trowbridge,DDS,MD,Chairman,jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant Mr.Markey commented that he understands how Mr. Sullivan feels,but the suggestion that he is going to make as a motion,is not just for him, it is for everyone. MOTION: Mr.Markey makes a motion to reduce the suspension from seven to three days,and the establishment must adopt a"card everyone policy"along with the proper signage. This would mean carding everyone. The standard sign states: "If you are buying tobacco products,you need to have your I.D. Please have your I.D.ready." Dr. Trowbridge states that there needs to be consistency throughout the Town. As we see violations,we expect input back. We make suggestions upon each tobacco renewal, card everyone under age(whatever is appropriate). When you go into NH,there is a there is a police officer standing there. There needs to be a rule from the higher authority. Ms.Barczak seconded the motion. All were in favor. MOTION AMENDMENT: Dr.Trowbridge—stated that in addition to the above motion,there is a$200 fine to the establishment. Ms. Barczak seconded the amendment to the above motion. All were in favor. Re: Section J.2-About a year ago,the Board of Health implemented language at the request of several tobacco store owners. We don't have further punishment,but license holders indicated that they wanted to put the responsibility on the person who made the sale. It is up to the establishment owner to pursue this course of action. The suspension will take place from Monday March 27t1i through Wednesday,March 29"i. Details will be worked out with Ron Beauregard of Healthy Communities. b. Tobacco Hearing_Violation:North Andover Shell 980 Osgood Street Ron Beauregard states student, 1.7 y.o.male was not asked for i.d.or age. This was a second violation. First violation was March 29,2004. No one was present from the establishment. Mr. Beauregard states that the fine was promptly paid. The individual was upset. His claim was that Mr.Beauregard sends kids in at the busiest time. However,he has to do it when students get out of school. Mr.Beauregard assumed it was a manager,but not sure. Ms.Barczak states that without someone here,she is not sure what to do. Deliberations ensued. Motion Ms.Barczak makes a motion as a 2nd offense,and to level a fine of$200,and suspend for 7 consecutive business days. Mr. Markey seconds the motion. In addition to this,Mr.Markey motions to impose a$50 fine on seller. Mr.Beauregard states that under Section J.2.,the employer should decide on this. This amendment was for managers and owners to put the responsibility on their employees. As a result,Mr. Markey retracts this motion. C. Tobacco Hearing Violation:North Andover Sunoco 77 Chickering Road The clerk took pains to apologize. Student was not asked age or i.d. It was an adult female,Maria. She was cooperative and apologetic. Mr.Beauregard provided his phone numbers,including cell phone number,as he wanted to get in touch with the owner, Sam Nassar. He spoke,and stated that he does not advocate selling tobacco. He sells 20 packs a day. He is here to answer questions. Dr.Trowbridge asked about guidelines on selling tobacco. He gets information from Phillip Morris. The young woman started working at this establishment in December 2005. Now she is carding 50 and 60 year old people. Motion Mr.Markey made a motion for 3 day suspension,and a 6 month card all. The fine was already paid. Dr. Trowbridge seconded the motion. All were in favor. Warcd 23,2006 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,Jonathan Markey,Member,Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nursc;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant III APPROVAL OF MINUTES a. February 15,2006 Meeting Minutes were approved as written. IV COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION a. Policies regarding trash truck placard distribution Trash Trucks and placards— Ms.Barczak asked about all the exempt communities,and how it carne to be. She would like to revisit it. The list of exempt communities came to be based on the MVPC study. They had a list of something to go by to come up with these communities. Ms.Barczak will get study from Ken. Ms. Sawyer was present for open hearings,and about a dozen trash truck owners were there,and gave their input of where they were coming from. It may not match to what the study first was. It takes quite a bit of time handling the trash truck regulations. Ms. Grant tries to limit all road stickers to keep the truck traffic down. She wants to keep trucks away from areas with children and residents,and focuses on safety;also,to reduce the odor and noise. Ms.Grant does not think that all of the towns on the application need to be exempt. Ms. Sawyer would support looking at these again. These types of regulations need to be done in a public hearing session. Ms.Barczak asks if the Board of Health needs approval of Selectmen,legal counsel. This would go to Attorney Urbelis for comments on changes,to be still that. Attorney Kimmell will provide paperwork. There are not as many"all road"placards are issued now. Ms. Grant thinks that trash companies could still have their placards reduced even more(less towns,etc.). It was asked if there is an agreement that we have with Haverhill re: going down the corridor. Mr.Markey states that they have to provide proof that they do pickups in town. They must prove to Ms.Grant that they need a variance. She is not sure that each vehicle should be allowed to be part of variance. Dr.Trowbridge stated that we should talk more about this during the summer when there is more time to talk about it. Everything is ordered and in the mail by October 1"of each year, so,we should have things decided by September. Ms.Barczak wants to see the study from the MVPC(Merrimack Valley Planning Commission),as well as the agreement with Haverhill. Ms. Grant states that she just had some confusion with a check. They got pulled over and ticketed. Ms.Barczak asks that there be more police details to check trucks,and understands that money goes into fund so that this is regulated. The Health Department meets with the Police Department annually to go over the information at hand. Should we hire someone to ticket separately to be able to use funds? We could use a company. We could use ticket money,etc.to do a new study. Follow-up to this will be discussed in the July and August meetings. b. Wheelabrator Health Fund and TBI Expenses We received another check from TBI. Ken had authorized some additional CDM and traffic funds above the original agreement. There is a letter from CDM,if the Board agrees with this; it needs to be sent back. It was signed by Attorney Ken Kimmell. Dr.Trowbridge comments that the regulations don't require the applicant to pay for all costs. V OLD BUSINESS a. Massage Regulations—propose to suspend requirements of section 5.F,until permanent changes are made. Warcfi 23,2006 North.Andover Board of Health Fleeting—T\Ieeting 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,MD,Chairman,Jonathan Markey,Member;Cheryl Barczak,Clerk I lealth Department Staff:Susan Sawyer,health Director; Debra Mahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleCluaie,Health Department Assistant Ms. Sawyer asked the Board to suspend the requirement for chest x-rays. Dr.Trowbridge asked about Section S.F. Ms. Sawyer explained that insurance companies only pay for one physical per year,and it is difficult for people to get it a second exam that is covered within the same year. Therefore the section that refers to"within 45 days"shall be suspended until the regulations can be formally amended. Motion A motion was made by Dr.Trowbridge to temporarily suspend Section.F of the Massage Regulations,with regard to a chest x-ray and physical exam within 45 days. Within a year is sufficient for the time being. There will be a physical exam within one year prior to application,and negate section regarding chest x- rays. Mr.Markey seconded the motion. All were in favor. VI NEW BUSINESS a. 91 Boston Street-Request from Hayes Engineering,Inc. regarding a request to extend the length of time for the deep observation holes beyond the two(2)year expiration deadline under the Town of North Andover Minimum Requirements for the Subsurface Disposal of Sanitary Sewage Section 7.05 Expiration. Ms. Sawyer states that this property is owned by Don Johnston. He developed the East Pasture area. There was going to be a repair. Soil testing was done,but then nothing happened for awhile. Now plans include demolition of home for a new home. Ms.Grant went with Hayes engineering,and did new tests. They noted that two holes were similar to the existing holes. Ms.Grant confirmed that all was okay. Mr. Markey asked if the test holes were similar. Ms.Grant confirmed that they were. Mr.Markey states that we are not normally there when they backfill, anyway. Ms. Sawyer states that the rationale is that the plans are good for two years,and validation of holes does not expire. Mr. Markey states that after two years,people generally forget where the holes were. It is difficult to tell out in the field sometimes. Dr. Trowbridge asked if there was a more precise way to demonstrate where the holes are. Within,2 years, most people can remember or see where the holes were. For this property,we have the results of the initial two holes,and there are now two additional for the file. Motion Ms.Barczak makes motion to extend the deep holes beyond the 2 year deadline. Dr.Trowbridge seconded the motion. All were in favor. b. 100 Candlestick Road-at the request of Ben.Osgood,New England Engineering to discuss a new leach field system called the Presby Environmental System. Ben Osgood presented at the meeting. He attended a seminar a couple of weeks ago. It was impressive. The type of system he is proposing is manufactured in New Hampshire. The owner developed the system, and is essentially a plastic pipe,filter fabric,with plastic mesh around it. He stated that he would not go into the technical reasons why it works. It is a system that provides a high level of treatment for chemical loading. There is an excerpt out of the catalog. The reduction in the chemicals,the phosphorous,causes a high level of reduction. There is a lot of nitrogen loading. There has been a lot of testing in Canada,and in the state. There is an approval for General and remedial use. In the remedial use,one can take a reduction to a 2 foot reduction. It is a passive technology that provides a fast level of treatment,and eliminates a mechanical process. Can have pump,but does not require a pressure dosed system. It needs to be gravity fed. It is a relatively new technology. A customer came to him,and asked about this. A FAST system would cost approximately$40-$50K. Is it something that the board would allow for a reduction in the water table? In the Approval for Remedial use,Presby Enviro-Septic Leaching System(Page 3 of 8 states): "Accordingly,in approving design and installation of the System by a particular Applicant,the local approving authority may allow a reduction in the required separation(four feet in solid with a recorded percolation rate of more than two minutes per inch or five feet in soils with a recorded percolation rate of two minutes or less per inch)between the bottom of the SAS and the high Warcfi 23,2006 North Andover Board of Health 11/eeting—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,Jonathan lbiarkey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiwe,Health Department Assistant groundwater elevation,provided that all of the following conditions are met:"(document contains full verbiage). Ms Grant asked about this system being in the testing stage. Mr. Osgood states that the DEP(Department of Environmental Protection)has approved it. Remedial means replacement of a failed system. Mr. Osgood just wanted to get a sense of what the Board is willing to do. Dr.Trowbridge commented on the top sheet of information: "smaller,lasts longer,works better,etc." Ms. Grant asked how long the system has been available. This system has only been approved for use since November of 2005. The system has also been approved in a lot of other states,including NH. Dr. Trowbridge notes that it is approved for a general use approval and remedial. It does not allow a reduction in general use,just remedial. The 100 Candlestick Road FAST system has to lower the water table from 3 to 2 feet. Mr.Markey states that he understands DEP's issuance of general permit. As a leaching facility,it could work,but only as a DEP in remedial permit. The 2 foot groundwater offset is alternative technology,but he has been through the design manual,and,looking at how the system works,he disagrees with DEP regarding the reduction. He knows that there is anaerobic and aerobic,and he is really not in favor of a 2 foot groundwater offset on this,he is very skeptical about it. He knows how on the first unit there is a plate,and then it wicks its way out;however,he wants to see piloting at this time. Perhaps put a monitoring well next to these things. Testing was done with bed of pea stone,and it collected effluent as it came out. He would not be for 2 feet of groundwater,but would be okay with 3 feet,but as a pilot program only. Perhaps only allow a half dozen. Then,the effluent would need to be tested,and testing would have to be ongoing for at least 5 years. This would need to be a deed restriction—this would be like a FAST system. Note:this system was installed at the Mt.Washington Hotel in New Hampshire, Dan Ottenheimer of Mill River Consulting was present,and also spoke on this issue: The designers have a potential problem;the vent pipe needs to be 10 feet in the air on a difficult site. If wastewater would be closer to groundwater level,his general recommendation is to pre-treat the wastewater in a treatment system for which a sample can be taken. This particular technology shows that the treatment begins with a special type of sand in their tubing,etc. His concern with regard to long-term use for the residents is if there is an operation difficulty. He is not as certain that if there needs to be a fix,that it would be easy to get to. As such,he does not have conclusive guidance to offer. He raised some questions such as: should we be looking at the financial implications for residents 20 years from now? Ms. Grant asked if there were piloting studies done in NH. Were there reviews,and testing? The NH regulatory authority is not as stringent as MA. These systems have not been in the ground as long as 10-15 years. This particular product did not go through the state run testing center in MA. Mr. Markey states that one of the items that he read, is that if one of these systems starts failing,uncover the ends and pump it out. The black material will disappear. The claim by the owner of the Presby System is that the system will last 15-17 years,and then cut ends off,let it dry out a couple of days,and fix. Then fix every 5 years after that. C. Rose Ann DiNuccio—Massage Establishment variance request to Section 6—to allow a variance for a new residence. This is a special variance for a therapist who does massage therapy for flee to elderly residents of the Town. Ms.DiNuccio was approved to use a special room at home. However, she has moved,and needs a variance for her new residence,as we do not transfer licenses or variances. Ms. Sawyer states that the new residence meets all the requirements. It is a beautiful home,no advertisement,no charge. She has maintained her therapy license. Warch 23,2006 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,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant Dr. Trowbridge asked about how her healing came about. Ms.DiNuccio's networking with St. Michael's Church facilitated this work. Ms. Sawyer states that we do not allow Massage in private homes,but because of the complete charitable nature of this permit,and as the permit holder meets all the criteria,we have historically granted this variance. Motion Ms.Barczak made a motion to allow a variance for the new residence at new residence at 273 Main Street, North Andover,MA. Mr.Markey seconded the motion. All were in favor. VII ADJOURNMENT The meeting was adjourned at 9:00 p.m. Prepared by: Pamela DelleChiaie Administrative Secretary Approved by: t �r. .w. ...w � .._t_c..r. Cheryl Barczak Clerk of the Board March 23,2006 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,i\-ID,Chairman,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,health Director; Debra lulalran,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant l d n North Andover Board of Health MEETING AGENDA THURSDAY, May 2 , 2006 7:00 P.M. Town Hall Building 120 Main Street,2nd Floor Meeting Room Present: Thomas A.Trowbridge,Chairman,Jonathan Markey,Member,Cheryl Barczak, Member; Susan Y. Sawyer,Health Director,Michele E. Grant,Health Inspector,Debra Rillahan,Public Health Nurse, Pamela DelleChiaie,Administrative Assistant I. CALL TO ORDER The meeting was called to order at 7:07 p.m.by Dr. Trowbridge II. APPROVAL OF MINUTES March 23,2006 Meeting Minutes approval as written(April meeting was cancelled). Meeting minutes were approved and signed. III. OLD BUSINESS IV NEW BUSINESS a) 102 Penni Lane-Request of Ben Osgood of New England Engineering(NEES)regarding a petition for Local Upgrade Approvals: 1. Allow the use of a sieve analysis to determine loading rate in lieu of performing a percolation test. Title 5, Section 15.405(l). 2. Reduction in offset distance between the estimated seasonal high groundwater and the septic tank invert from 2"required by title 5, Section 15.227(5)to 8". Mr.Osgood states that there has they are unable to conduct percolation(perc)tests when the ground is saturated,and water tables are too high. As a result,the design was completed based on the results of a sieve analysis. The system is a pump system,and the existing pipe outlet out of the house,can be used, rather than installing a tank and a new pump. Ms. Sawyer states that the plan has not yet been completely reviewed. Mr. Osgood submitted the plan review application for the site using a pre-treatment system,as buyer wanted a lower mound. This costs $8K to$l OK,and the buyer is no longer interested. Mr. Osgood then displayed a plan to the Board Members for review without a pre-treatment system. The general notes were read,and pipe penetrations, etc. will be sealed with hydraulic cement. Ms.Barcak asked why the pipes are 8 inches as opposed to 12 inches. Mr.Markey stated that over time, tanks can start to leak. The variance would allow him to use this. Otherwise,all the pipes would need to be raised at a higher elevation. A general discussion then ensued. Mr. Osgood states it will be July when he is able to complete perc tests. In the meantime,the sieve analysis is quicker,and acceptable. Motion Mr.Markey made a motion to allow the use of a sieve analysis to determine loading rate in lieu of performing a percolation test; and to allow a reduction in the offset distance between the estimated seasonal high groundwater and the septic tank invert from 2" required by title 5,Section 15.227(5)to 8". The motion was seconded by Ms.Barczak. .'May 25,2006 North Andover Board of Health Meeting—Meeting A t ,/ 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,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant b) 123 Marian Drive-Request of Bill Dufresne of Merrimack Engineering regarding a petition to discuss Item '1. from letter dated 4/17/06 from the North Andover Health Department: 1.A variance request from North Andover Board of Health Regulations is required to not remove the required 6"excavation into natural soil as indicated on the design plan(NA 9.01). This item was presented by Ms. Sawyer. The North Andover Septic Regulations require 6"of elevation. Mr.Dufresne is being very specific. If leaving the B layer,one cannot get to the C layer. In this scenario, the local rule does not make sense. Mr.Dan Ottenheimer,septic consultant at Mill River Consulting will speak next month about the local regulations. Changes will need to be made to the code due to changes in the state Title 5 regulations. Mr. Markey makes a motion to allow the removal of the 6"of natural soil in order to get to the C layer. Ms.Barczak seconded the motion. All were in favor. c) 1296 Osgood Street -Forgetta Flower Shop 1. Allow the use of test pit results as they are more than 2 years old,and are consistent with recently conducted test pit#5;and allow existing suitable sand fill In addition,a notation was made regarding the installation of an industrial waste holding tank and subsequent application to DEP upon completion and installation of the holding tank. This is the Forgetta Flower Shop. Wendy Forgetta,the niece of Dan and Joann Forgetta,wishes to open a hair styling salon in the upper floor location. The current system was designed and built a few years ago. The system was designed based on similar usage on both floors. Ms. Forgetta states that she has a very loyal following of North Andover clientele which is why she would like to be at this location. Ms. Sawyer states that the system is undersized for a change in use. A hairdresser is required to maintain a tight tank for non-industrial wastewater,and be pumped. The piping for the hair sinks go into tank, and rest of it into the system. Mr.Dufrense did some soil tests,and came up with a design. He would like to try and use as much of the sand as is acceptable;however,he is looking for a variance for the test pits;as some soil testing was done,but not the total amount that would be normally be completed for a new system. Ms. Grant was present to observe the testing which was similar to the original ones. Mr.Dufresne submitted a request and form to DEP for the wastewater non-industrial wastewater tank. The Health Department will not give approval to issue the DWC permit until all items are approved. The septic system size is increasing,but some of the water will be going into a tank. Ms.Forgetta states that she is confused about this. The standard required flow is 100 gallons per day per chair. If she expands,it would be three chairs at the most,which would be 300 gallons per day,which she would be willing to put into a holding tank and have pumped out,it does not make sense to create an expanded leach field for 300 gallons per day. Ms. Sawyer states that it is up to the engineer to go forward with a plan. The issue at present is upgrading the system to meet Title 5 requirements of the size of the field. Ms. Sawyer stated that Bill Dufresne chose not to go through the Health Department,but through DEP to request otherwise. Mr.Dan Forgetta presented a water bill showing a flow of 2,800 gallons of water used for the period of 90 days. The only option is an upgrade,or 300 gallons per day? The hair salon would only take up 800 square feet. It is out of the Health Department's purview. Mr.Markey states that it is out of the Health Department's hands. The tight tank would hold chemicals from shampoo,colors,etc. Ms.Forgetta continued to address the issue of 300 gallons per day going into tight tank,vs. having to expand the leaching field. Mr.Markey stated that this is not an option,as the expansion requirements are mandated by DEP. Dr.Trowbridge asked about the design. Currently there is just storage upstairs. 914ay 25,2006 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,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public llealth Nurse;Michele Grant,Public Health Inspector; Pamela DelleClvaie,Health Department Assistant Motion Mr.Markey made a motion to allow the use of test pit results that are more than 2 years old,but are consistent with recently conducted test pit#5; and will allow existing suitable sand fill. Motion was seconded by Ms.Barczak d) 846 Chestnut Street—Correspondence from Timothy and Sandra Skelton of 846 Chestnut Street re: request for a variance to North Andover Septic Regulations 1.07 for laundry only subsurface disposal system(gray water). Tim Skelton,the homeowner spoke. North Andover Is not allowed to have secondary wastewater. There are no water supplies nearby. Ms. Sawyer stated that this is a 20-30 year old system. There are no plans to look at the 90 foot trench,which is slightly raised. The laundry is five(5)feet in diameter by three feet deep. The average groundwater is 18"deep. Steve Erickson did an engineering walk-through. However, there is no soil or perc test information. They have a passing Title 5 for two years. Ms. Barczak asked about the proposed renovations. There is a proposed addition on front and they are re- doing the upstairs. Mr.Markey asked how the Groundwater was determined. Ms. Sawyer read from the plans. There were once a lot of natural springs in the area;also where blueberries were once grown. There are two sump pumps in the basement. They want to put in a French drain to catch water and pull it away. There are two additional bathrooms proposed in the cabana and garage. Mr.Markey commented that DEP issued a revised Title 5 to allow for gray water so that laundry and be separate from the normal septic flows. There are pending plans to run sewer. Bob Messina lives next door. The Skelton's may possibly tie into his sewer to the side and behind says Kmiec,now Messina,zoned industrial and would be changed to residential. Mr.Markey recommended allowing continued use of the cesspool for laundry. The Health Department will need new design plans to include the bathrooms. The homeowners were told not to add toilets until the sewer is available. V COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION a)Article 29.Change the Community Preservation Act Surcharge:"To see if the Town will vote to change the Community Preservation Act surcharge on real property fi•om 3 percent of the real estate tax levy against real property to I percent,or to take any other action relative thereto." Action The board agreed to recommend unfavorable action for Article 29. The agreement was signed by the Board members. b)Discussion of Swimming Pool Regulations and Variances 1)Brookside Condominiums(Port Property Management)—Review of Pool Variance The regulations require renewals of any variances given in order to protect the residents. There are only 29 units,and only two of the units have children. For six years,the property manager took care of the pool obligations. Right now there is a change in management. It is now handled by Port Property Services. The cost of employing a Certified Pool Operator would be too great for the association to afford. Jeff,a resident,was the previous pool contact. The pool is visible to all the units and they have a body board and a kill switch to disable the pump. It is a red switch at the poolside. There are CPR certified residents at the pool. The logbook is kept in the cabana area with up to date information. There is a resident who will be taking CPO course and will take over after the consultant,Zappala Pools of Haverhill, is done. In addition, Way 25,2006 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,MD,Chairman,)onathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant 1 a resident,Patti,became unemployed on June 9"',so she will be taking a CPR course,and will be available for the season to help out. Another resident is a teacher and is CPR certified who will also be available for the summer. Dr.Trowbridge would like something in writing,and would like to see a plan to show the current plan. He also would like there to be signs that say"No lifeguard on duty"at times when there is no one available. He states that the association does not need a lifeguard,but wants the plan. Who is checking the chemicals daily? Currently,Zappala Pools is taking care of this once a week. Motion: Dr.Trowbridge motions to grant a provisional license based on meeting the necessary criteria. Brookside Condominiums will submit a plan to show how they are meeting the criteria. The plan will be further discussed at the June meeting. 2)Millpond Town homes This location has not submitted all the required paperwork to date. At present,there is no variance request. 3)Edgewood The variance was reviewed and discussed. Paperwork is pending. Continued until next month. 4)Meadowview This is not a full variance. There are lifeguards present from 9 a.m.—5 p.m. A buddy system was proposed for after 5 p.m. 5)LeAnne Caliri—was present and states that she wants to work as a Massage Therapist at Paradise Day Spa. She wants to appeal the age requirement for her Massage Therapy license. She has her state license in cosmetology and aesthetics. She did not come to the March meeting as originally planned. Motion Ms.Barezak made a motion to waive the age requirement,and Mr.Markey seconded the motion. 6)Discussion regarding Article 36.Petition the General Court—Amend Town Charter—Chapter 7— Section 8-1 —Expand the Board of Health to Five Members. "To see if the Town will vote to authorize the Board of Selectmen to Petition the Legislature to Amend Chapter 7, Section 8.1 of the Charter of the Town of North Andover, by deleting the words "three members"and replacing with the words 'five inembers"so that Section 8.1 would read as follows: A Board of Health of five members, one of~hoar shall be a licensed physician in the Comruonwealth, shall be appointed by the Town Manager for three-year overlapping terins, unless the manager shall replace the board with a health agent, with the approval of the Board of Selectmen, in accordance with general law. or to take any other action relative thereto. Petition of the Board of Selectmen The Board of Health Members are in agreement that a five member board would be beneficial. Mr. Markey would like to have an attorney on the Board of Health. In addition,the wording needs to be changed to delete"unless the manager shall replace the board with a health agent..." There is a Board of Health as well as a Health Agent. The members will provide the Town Manager with their recommendations. 91ttay 25,2006 North Andover Board of I lealth 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 Trowbridgc,DDS,MD,Chairman,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff.Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DclleChiaie,Health Department Assistant 7)VFW -Discussions between Heathy Communities and VFW members Review of discussions with VFW and tobacco laws were presented,as well as the VFW vote on May 18th regarding the smoking ban at the VFW. PUBLIC HEARINGS 1.Tobacco Hearing Violation: SJ Enterprises AKA Sam's Mobil—2'd violation Mr.Ron Beauregard of Healthy Communities was present to provide Information on the compliance checks. A 17 year old male purchased a pack of Newport cigarettes with no identification. A young adult male made the sale. Not sure if tax was paid. This is a second offense. On January 19th,this establishment instituted an all i.d.policy. Brett Tierney spoke and stated that he did not pay attention at the time of the sale. He noted that the shift changes at 3p.m.,and that is their busiest time. Management changed the software on the registers to ask for the customers' date of birth. Bill,the Manager,spoke. He also acknowledged that this is the busiest time of the day. The clerk did sign the sheet when he was hired. A seven day suspension will hurt the business,as they just had a flood and already lost business from that. Dr.Trowbridge asked if the clerk was trained. The person training the clerk had to leave due to an emergency. Mr.Beauregard did visit the establishment a few times since,and the clerk passed. He recommends a three day suspension since they already have the all i.d.policy in place,and the clerk had not yet been properly taught all the rules. Dr Trowbridge expressed frustration,as change to the current tobacco regulations were specifically changed at the vehement request of the owner of this establishment. Motion Though section J.l.b.states that the permit shall be suspended for 7 consecutive business days,under the circumstances,Ms.Barczak made a motion to suspend the tobacco license for three days; and issuance of a$200 fine. Mr.Markey seconded the motion. 2. Tobacco Hearing Violation: Super Stop&Shop—4th violation Mr.Beauregard spoke. This is the fourth violation in a two year period. On April 21.55 at 4:09 p.m.,a 16 year old student purchased a package of Newports. There is a new manager. For this sale,the tobacco was not behind the service desk. As of Monday,all tobacco products were placed behind the counter. The sale occurred at Register 1;and the clerk was 18 years old. Mr.Beauregard states that for three or more violations,he recommends the$300 fine and 30 days suspension. He recommends the 30 days as opposed to a revocation of the license. The employee who made the sale was suspended for three days. No front end person will be allowed to work unless they sign an affidavit. Mr. Markey reduced the suspension time last time because of the promise of moving the tobacco corral behind the counter. This establishment clearly needs an all i.d. policy. Dr. Trowbridge also acknowledged the prior reduction in suspension time based on pending change, This level of non-compliance its unprecedented. Management stated that at the point of sale at the service desk,there will be all i.d.with signed. Mr. Beauregard would like to test this new policy by sending in students. 3.Tobacco Hearing Violation:N A Shell(for selling during suspension) A tobacco sale was made on March 1,2006,and a hearing took place on March 23rd. During a mandated seven day suspension,this establishment sold a tobacco product on April 6t11,2006. The ticket was paid. There was an adult male who sold at North Andover Shell on April 6,2006 at 10:21 a.m.,and purchased a package of Marlboro for$5.50. Mr.Beauregard received a call and went to North Andover Shell. He Way 25,2006 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,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Heath Department Assistant spoke with the attendant who was dealing with a customer at the time regarding a flat tire. There is a small display of cigarettes, and this is not a major outlet for tobacco. The establishment mostly focuses on selling gas and work at the service station. The clerk did not respond to Mr.Beauregard at first,but after a short time,the clerk stated that he did not have time to discuss it. John Ferreria,the owner of the station spoke,and stated that this type of issue needs to be dealt with when children are little,and focus on educating the parents who smoke. He thinks it is a waste of time trying to enforce this issue at this point in time. If the kids are not educated when they are younger,then trying to stop them from smoking when they are older is not going to be effective. He does not understand why the Health Department spends their time on something like this,and places the burden on the establishments to enforce it. Mr.Beauregard stated that the program for tobacco management have helped to decrease sales. He recommends a 30 day suspension. Dr.Trowbridge stated that cigarettes were sold,there was no age checking,and cigarettes should have been moved previously,as discussed at prior meetings. Motion Mr.Markey made a motion for a 30 day suspension. Ms.Barczak seconded the motion. ADJOURNMENT The meeting was adjourned at 9:40 p.m. Prepared bv: Pamela DelleChiaie Administrative Secretary Approved bv: C Cheryl Barcza Clerk of the Board :May 25,2006 North Andover Board of I Iealth 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 ofI-lealth Members: Thomas Trowbridge,DDS,MD,Chairman,Jonathan Markey,Member;Cheryl Barczak,Clerk. Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health hzspector; Pamela DelleChiaie,Health Department Assistant North Andover Board of Health MEETING MINUTES THURSDAY,.Tune 22, 2006 7:00 P.M. Town Hall Building 120 Main Street,2nd Floor, Selectmen's Meeting Room Present: Thomas A.Trowbridge,Chairman,Jonathan Markey,Member; Susan Y. Sawyer,Health Director,Michele E. Grant,Health Inspector,Debra Rillahan,Public Health Nurse,Pamela DelleChiaie, Administrative Assistant Absent: Cheryl Barczak I CALL TO ORDER PUBLIC HEARINGS The hearing was called to order at 6:43 pm with regard to the TBI Final Site Assignment Agreement. Draft three received. The draft is 30 pages in length and addresses all of the various issues and concerns raised. The initial version addressed changes as they existed. Mr. Kimmel cross-referenced information in the document. The water level plan was reviewed and who would be hired. Dr.Trowbridge asked a question about arbitration. It is a private agreement,and not something the Board can impose. The various waste diversion levels would be maintained at Year 7 level. Environmental Insurance;the Town would be named as a beneficiary,however,not applicable to a transfer station,and does not think it should be mandated. If certain things don't work,what will happen? Dr. Porteous was consulted about interlocks,etc. This is a condition under number 33 where there are backups and provisional plans if some of the key parts of the air mitigation if some things do not operate efficiently. If one does not function,what would be the temporary fill in? If this particular system is out for 3 to 5 hours,the operation shall be suspended. The roll filter, ventilation system,and the misting system and high speed doors were discussed. If the misting system. goes out of service,hand-held hoses shall be used. If not back in service,the processing in the facility will be suspended. There were more complicated ways,but this is the most reasonable regarding air mitigation. There is money to be paid for a consultant for ongoing to evaluation of these things. Also added information to check the records of truck drivers by U.S. DOT,as to whether the people that are driving in Town are following the DOT standards. Mr. Markey states he has been through the third edits. He has nothing to add to the third edit which was received by Attorney Kimmell yesterday. Mr.Markey makes a motion to approve and sign the site assignment agreement as it is now written. Dr. Trowbridge seconded. There was a 2-0 vote in favor of Draft 3,Site Assignment Decision. Cheryl Barczak could not be present at this hearing. She abstained from signing the document post-meeting because her requested changes were not included in the final document. The public hearing was closed at 6:54 p.m. There will be a 30 day period for any appeals. After that,the document will be official. II APPROVAL OF MINUTES A. May 2006 Meeting Minutes approval as written—the minutes will be approved at the next Board of Health meeting. III COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Mosquito Control District—Walter Montgomery will speak regarding the updated Best Management Plan(BMP),and what action has been taken to date. June 22,2006 North Andover Board of Health Meeting—Meeting Minutes (Page I of 8 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,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse•,Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant In the Year 2000,the Town of North Andover joined the Northeast District Mosquito Control Program. In 2005,the Town voted to withdraw from program due to budgetary reasons. This past Town meeting,the citizens voted to re-enter the program. The BMP spells out what the program will over. Currently the plan is very similar to what the Town had before;surveillance;collecting; identifying, and testing mosquitoes for the virus. One of the things that has changed,is that we now have a serious issue with EEE. It was a problem in Southeastern MA. Last year there was an outbreak in Southern NH,with seven humans,and two fatalities. A new trapping system will also be used for the mosquito that amplifies the volume of virus in the bird population. There is a new aerial adulticiding plan. They came very close to doing this in some of the northern communities in 2005. The plan is basically that through a Global Positioning System(GPS) they have located all the areas to not spray, such as public water supplies,schools,etc. They can plug a memory stick into an airplane, and the airplane will spray where it is supposed to. If there were no plan,it would be a minimum of three weeks to put all the necessary material together. With the plan, it is only three to four days to put together. The Town of North Andover wants a Vector Control Program,not a Nuisance Control Program. The Northeast Mosquito District is targeting a particular species, and monitoring particular events,and developing strategies to get rid of those particular mosquitoes. There are three different types of traps. The NMD will trap twice a week,every week, starting the first week in May through the end of September, sometimes into October. They can then determine which mosquito is the dominant species. If they find the virus,there is a process to go through. If it were the first week in September,and they found virus in a species, it would not be all that important. However, it were the second week in August,the recommendation might be to do additional trapping to see what is in the community. Any spraying must be approved by the Board of Health. There are 12 full time field people who work for the Mosquito Control District. They focus on small,manageable wetland areas close to human populations. Surveillance focuses on the various species of mosquitoes. At present,they are focusing on catch basins and storm water drains. There is one cost,and the cost is determined by the Department of Revenue(DOR.) The NMD has no control over what that cost is for each community. There is a rough calculation determined by square miles multiplied by elevations. Ms. Sawyer asked about a breakdown of percentages. Last year,North Andover spent funds on adulticiding. There is no percentage for adulticiding or education fees. Are any of the other communities putting money aside for adulticiding? Mr.Montgomery states that he did not include it,as it was a one time spraying,and not a regular occurrence. The Town of Newbury has about 15%dedicated to truck spraying for nuisance control. Education is hard to clarify,as it is part of the ongoing routine of the District. In the wintertime,educational programs in the local schools are provided. The Town of Andover is big on wanting education,and prescribed that a percentage of their funds be specifically dedicated to that purpose. Ms. Sawyer has had questions posed from the North Andover Youth Services and would like to have a meeting which would include Rick Gorman,NAYS, Superintendent of Schools,the Athletic Director,and parents. It was also suggest that Mr.Montgomery appear before the Selectmen in August to present and keep the issue visible in terms of what is being done. If spraying is done,it would be an ultra-low volume(about 3-4 ounces),and the machine puts it out over 300-400 feet,taken out over an acre of land. This process will kill any present]mosquitoes and dissipates right after. Last year,they had to go through the state mandated Child Protection Act for all school areas. They are now using a barrier application,and the spray will act as a barrier,and will control mosquitoes for one to two weeks. Eastern Equine Encephalitis(EEE)gets really intense in early September. Schools may need one application for each school. Dr.Trowbridge asked if there is regular notification of local activity. Can we have something on a monthly basis? Mr.Montgomery states that it can be sent,as it is on a database. Dr. Trowbridge thinks this is good for education awareness. Would it be reasonable to ask for a meeting and include the entomologist to join? Mr.Montgomery suggested the first part of August for a meeting. June 22,2006 North Andover Board of I Iealth Meeting—Meeting Minutes 1Tage 2 of 8 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,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public I lealth Nurse;Michele Grant,Public Ilealth Inspector; Pamela DclleChiaie,Health Department Assistant B. Title 5 Updates-Dan Ottenheimer of Mill River Consulting, current Septic Consultant for the Town of North Andover Health Department,was present to discuss new Title 5 Updates and current local regulations. Mr. Ottenheimer presented to the Board in a slide show presentation format. A copy of the presentation will be forwarded to the Health Department at a later date. Recently,changes have been made to Title 5. Ms. Sawyer states that the Health Department has had discussions with Mill River Consulting about updating the local Health Department septic regulations. A subgroup of Ms. Sawyer,Mr.Markey and Mr. Ottenheimer may form to look at the regulation and pare back down to specifics to North Andover,and to make it easier. Within two months Dr.Trowbridge would like to have a working,revised copy of the local regulation. There have been some things,such as 6"into the C layer that conflict with Title 5,so we would like to get the Board's guidance and get Mr.Markey's feedback,as well as feedback from some non-local engineers. Mr.Markey noted that he would have issues with trench spacing. We are currently entertaining variances that we have to give,because they don't coincide with Title 5. The Board may need to have Mr. Ottenheimer come back to present when the Board of Health changes from three to five members. C. TBI Billing Issues These are legal costs. Ms. Sawyer states that the Board would approve any technical charges. Motion Mr.Markey makes a motion to approve a maximum of$18K to be spent from the Wheelabrator Public Health Revolving Fund,subject to approval of bills. Dr.Trowbridge seconded the motion. All were in favor. IV OLD BUSINESS A. Revision of North Andover Massage Regulations—continued to July meeting B. Brookside Condominium—Swimming Pool Action Plan Dr.Trowbridge asked about the pool records;when testing indicates a significant imbalance. Ms. Grant states that the Association has a kit,and they know where testing needs to be. Dr.Trowbridge thinks that variances should be reviewed every three years,as some things change. Motion Mr.Markey makes a motion to allow the renewal of the variance for a three-year period,and accept the plan as is. It will expire within 3 years,or if any changes to this proposal before us,or any unacceptable inspections. This will encourage the permit holders to be consistent. Dr.Trowbridge seconded the motion. All were in favor. V NEW BUSINESS A. VFW—Smoking Issue ssues—Letter received on 5/30/06 from Allan N. Breen requesting to appear to speak against smoking in a club that is no longer private. Food is served on the premises and Non- VFW members are allowed. Alan Breen lives at 25 Berkeley Road, North Andover, and is a member of VFW. Mr. Breen notes that he thinks everyone will agree that smoking is bad. Mr. Breen has been a member of the VFW since 1968. This is Club 2104, Inc.,which was organized under Chapter 180, of the Massachusetts General Law(MGL). This was formed in 1946 to foster and encourage and maintain social activities. The VFW used to be the Franklin School in North Andover, and was given as a gift by the Town in 1946. Mr. Breen states that he has read the North Andover regulations, and understands them. The non-smoking law, enacted on July 5, 2004, took two years to come about. The City of Boston Board of Health created the locomotive for the legislation. They banned smoking in public places in Boston. The VFW does not meet the definition of a private club. He showed the application to join the post. One cannot be a member of the club, without being a member of the post. The VFW Board of Directors created an access card system that can be accessed for$10. According to Mr. Breen,they did this because of non-smoking. June 22,2006 North Andover Board of Health Meeting—Meeting Minutes (fade 3 of 8 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,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public I Iealth Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant The ABCC, which regulates the Post,sanctioned the VFW for serving non-members. So,they started with a card,at$10 a piece. Mr.Breen pays$25 for his membership. No guests are allowed,unless accompanied by a member. The VFW rents the upstairs hall for private functions. Sometimes,people come down to smoke. At the annual meeting,after he made a complaint to the BOH,he decided to bring it to the population of the post. All members were notified by mail. The majority voted to ban smoking. However,the Board of Directors voted to allow smoking until 2011. The club continues to allow it. The bylaws that were written 10 years ago were never filed with the Secretary of State's office. In August of 2005,the DPH promulgated these regulations. See 105 CMR 661.000: Smoking Restrictions in Membership Associations, North Andover Regulations promulgated in July 2005. Mr.Markey states that Section 138, Section 12,cannot make other forms of membership for the use of giving people beer. The violation is really of how the VFW initially made those people members. Until. the MGL issue is taken care of,in his eyes,it is still a private club. Mr.Markey agrees that what has happened is wrong. However,the Board of Selectmen are the local licensing authority. Mr.Breen believes that the last paragraph speaks to enforcement: 661.400:Enforcement(B),Local boards of health shall have the authority to revoke or suspend a license of a building, .....if found to repeatedly violate the requirements of Chapter 270, 5.22. Mr. Markey cannot interpret MGL 138 Section 12. Mr.Markey stated that he would need something from Town Counsel. Mr. Phil Spitalere is on the Board of Directors for Club 124. He spoke and acknowledged the issue of membership fees. He went before the Alcoholic Beverage Control Commission(ABCC),and the decision was made to install a card key system,have the applicant complete a membership application,and make it renewable on an annual basis. It has only been in place since last September(2005). It was not put in place to circumvent smoking laws. As far as vote from the annual meeting,they read from the regulation, and are trying to appease the ABCC. Once the commission came in,they were satisfied with changes that were made. Mr. Spitalere thinks that the relationship between the VFW and the Town is good. Mr.Barry O'Connell,of 100 Dale Street,North Andover,spoke as a member of the VFW. He went to the meeting. The non-smoking advocates voted in the majority to have the Club as non-smoking. He does not think that their Board of Directors is upholding the bylaws;which is why Mr. Breen and others came to the meeting. Mr. Spitalere read directly from the bylaws of the VFW. The provisions are that the Board of Directors runs the club. He will provide a copy of the bylaws,as it is going to Town Counsel. Mr.Joe Lynch,Manager of Club 124 states that people have to sign the book and use the card entry system. They are allowed three visits without applying for membership. After,that time,they must apply for membership. Mr.Breen states that the Knights of Columbus(Sutton Street)members who are smokers,are now going to the VFW building to smoke. It was recommend that MGL 138 Section 12 be reviewed by Town Counsel. Upon reciept of the Town Counsel's decision,the Board of Health will follow that recommendation. Dr.Trowbridge agrees conceptually,but he thinks that a lot of this is an internal problem. He spoke with Representative Torrisi's office,and was sent a 2004 edition of the Executive Summary of Workplace Law,and that veterans organizations are excluded. The ABCC states that this type of organization is classified as a barroom. Mr.Ron Beauregard of Healthy Communities spoke regarding Chapter 270,Section 22. He agrees that it is wise to obtain a legal opinion If Club 2104 a membership association, it makes the interpretation 105 CMR much easier to determine. If it is a membership association,one is a member or one is not. The pertinent question is whether Club 2104 is in itself,a membership organization. ,7une 22,2006 North Andover Board of Health Meeting—Meeting Minutes Page 4 of 8 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,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff.Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant B. 514 Winter Street-Susan Sawyer presented ssue of Local Upgrade Approval on behalf of William Dufresne,Project Manager for Merrimack Engineering. In response to the septic consultant's findings,Ms. Sawyer made some changes;the engineer needed to put some buoyancy calculations together,and change the upgrade request. Mr.Markey asked if anyone reviewed the calculations. He stated that as is,the calculations would blow the distribution box(d-box) cover off. The engineer needs to ask for a different pump based on the current calculations. Motion Mr.Markey made a motion to grant Local Upgrade Approval for the distance from SAS to wetland from 50 feet to 40 feet; and Local BOH variance of distance from SAS to wetland from 1.00 ft.to 40 ft.; and distance from septic tank and pump tank to wetland from 75 ft.to 31 ft.,27 feet respectively. Dr.Trowbridge seconded the motion. All were in favor. C. 520 Foster Street—Request of Ben Osgood of NEES for a Local Health Bylaw Variance to be designed to serve three bedrooms in lieu of 4-bedroom minimum required by local North Andover Health By-law. Continued There were some questions on the soil testing. Mr.Osgood was not present. Item is continued until the next Board of Health meeting. D. Edgewood Retirement Community—Letter received on 6/12/06 from Jeffiey Fontaine,who requests to discuss pool variance waiving the need for a lifeguard in pool building. Variance issued in 2000— wish to extend. Ms. Sawyer provided some background information,and read some information from prior minutes. These variances should be generally reviewed each year,and if the pools pass a satisfactory inspection,the variance will be granted automatically. Dr. Trowbridge asked for the current plan and a summary page with a current date. Clifford Elias is the attorney for Edgewood. No one under age 16 can go into the pool. The pool is used mostly by about 40 residents,doing water aerobics;or laps. It is a therapeutic pool,4 feet deep;known as a constant pool. Ms. Grant expressed concern about the spa pool,as it does not have an anti-vortex cover over the main drain, so something needs to be made. Edgewood has looked into having something made. Ms. Grant heard of another type of system,so that if someone falls on the drain,the system shuts down. The sensors automatically go off,and shut down the suction on the main drain. Dr.Trowbridge asked about emergency precautions. There is a poolside telephone,and a sign out key which has a simplex system hooked up. There is a brochure handed out that shows everything. Ms. Grant spoke about the big red emergency button which is accessible to the pool area. Dr.Trowbridge asked for the plan to be updated with the present date for approval. Other than that he sees no issues to be addressed. He inquired about the simplex system—where does it go? IZevin Tremblay of Edgewood stated that it is linked to the Meadows portion of the community,on site, and comes in on the walkie-talkie at the pool building. Everything is also locked up. Ms. Grant states it is a very well organized facility. Dr.Trowbridge asked if the 911 comes,would there be staff available to. Yes,there would. E. 29 Anne Road—Homeowners to attend meeting at the request of Susan Sawyer with regard to sewer tie-in issues;To request a waiver to the time line in which a resident must hook-up to sewer. Bob Duffy,the homeowner spoke,who has lived at this location for 15 years. The homewners have been trying to build a pool/cabana area for a couple of years. They are planning to build a pool house approximately 14'x15',including a changing area,bathrooms,etc. so the kids don't get the house all wet. The issue is that the poolhouse needs to be tied into septic. Since they have started this project,the availability of sewer lines are on the street. Therefore,they asked for a waiver to tie-in. ,dune 22,2006 North Andover Board of Health Meeting—Meeting Minutes (Page 5 of 8 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,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant There have been some complications that might affect the timeliness of tie-in. Get a Title 5 inspection,and estimate of cost to get tied into the sewer. The system was designed and constructed so that no upgrade would be necessary. The shower that they proposed to build(outdoor)must be connected into septic system,per the plumbing inspector. The homeowner noted that the$30K cost must be borne by him and requested a variance until December 315`of 2009,as they will hopefully be able to get their neighbors to share in the cost of tying to sewer,and to deal with wetlands,which will,hopefully,be less expensive. Mr.Markey asked where the sewer stub is located. Looking at the report,the system is 13 years,and would not go past three years for a waiver. This will also allow three years to attempt to get the neighbors on board,and the property will be much more marketable if on sewer. The system can handle current flows,and has a passing Title 5,and is pumped every year;and currently there are no problems. Ms. Sawyer states that an agreement will be entered into. Dr.Trowbridge asked for a deed restriction,and proof of recording. Motion Mr.Markey made a motion to grant a waiver for three years to connect to sewer,and proof of recording at the registry of deeds, Note:The reason for granting the waiver is the relatively low age of the system,the previous design flow is able to accommodate the existing flow,as well as the proposed change;a passing Title 5,and cost hardships. There will be no second extension after the three year mark. The homeowner understands that this is a one-time request. F. Strike One Camp—Letter received on 6/14/06 from Mark Lombardi,Owner of said camp,wishes request a variance to the local North Andover Camp regulations which stipulate a due date of May 1S` to be considered to operate a baseball clinic at Merrimack College during the week of July 31St— August 4"'.(Letter Received) Mark Lombardi presented, This camp will offer indoor baseball, softball;basketball. This is the first year offering an outdoor baseball camp at Merrimack College. They secured the location in April(camp meeting in March),and lined up baseball their guests. As a routine,they typically,call any local BOH 4-5 weeks prior to opening any camp. He has an application ready to go,but has not submitted anything to the Health Department yet,as he was waiting until this meeting. Ms. Sawyer states that one of the major items to check is that the application that is distributed to the parents needs to be accurate. If the brochure goes out incorrectly,parents are not aware of what they need to do. Ms.Rillahan asked what other towns they operate camps in-Winchester,Hamilton,Lynnfield, Salisbury, Amesbury,Burlington,Groton. Every town is different. Mr. Markey states that this is more of Ms. Rillahan's decision. She has no problem with a brand new camp;however she may not agree with everything,but if changes,they will be addressed. If this camp passed inspection by the Town of Winchester,she probably would have no problem. Add this camp to the distribution list on the e-mail. We will notify of meetings,deadlines, etc,for the next season. Motion Mr.Markey makes a motion to grant a variance to the May 1St deadline to applications for camp due to the circumstances. Motion seconded by Dr.Trowbridge. The fee will be$50,as it is only a one week session. G. DB's Baseball Camp—Letter received on 6/15/06 from Dave Bettencourt,Owner of said camp,wishes to request a variance to the local North Andover Camp regulations which stipulates a due date of May I st,to be considered to operate a baseball clinic at 1600 Osgood Street for four weeks during the summer. Mr.Dave Bettencourt presented,and stated that he operates out of Building#37at 1600 Osgood Street. He acknowledged that there were two representatives at the pre-season camp meeting in March,and both of them missed the deadline for getting in the paperwork in for processing. This is his second year here. He Butte 22,2006 North Andover Board of Health Meeting—Meeting Minutes (Page 6 of 8 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,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,I Iealth Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DellcChiaie,Health Department Assistant states that he has previously had the Health Department clear the application before sending out. He has made donations to elementary schools;had pre-season tryouts;and offered coaching clinics free of charge. Tuesday and Thursday are t-ball nights. He has allowed the North Andover High School(NAHS)softball team to practice free of charge, as well as other groups. He has tried to be a real good neighbor. They missed a deadline, and apologize. David Blank is co-owner; Shelley Donovan is the Registered Nurse, affiliated with Saint Memorial Medical Center. Mr.Markey asked about medical records. Ms. Rillahan states that there are no medical records available for the staff,and the camp is planning to open on Monday. Ms.Rillahan was supposed to meet with them last Monday,June 12"i,and was cancelled by DB. Why would the camp wait to not have medical forms submitted? Ms.Rillahan states that it is very clear that we needed the forms. DB Camp brought binders with some other forms,but the staff list consisted of four coaches for 20-26 kids. The paperwork is not in by session,which makes it difficult to sort and organize. Ms.Rillahan still needs medical records,and updated list of campers for Monday,and an updated list of coaches. Dr. Trowbridge asked how much time there is to review the records. Is everyone up to date on immunizations? Ms.Rillahan states that the way the records were handed in,there is no list of who is what/where. The facility has not been inspected either. Mr. Markey asks if it is possible to get it done. Ms.Rillahan states that she can rearrange her schedule, as other camps have allowed her enough time. Mr.Markey states that the only way he will grant the extension is to require the camp to have all their paperwork collated properly for the Nurse to review it. Ms.Rillahan states she is frustrated that DB Baseball did not have things organized,as they had plenty of time. Ms. Rillahan noted that as of now,there are no medications to be distributed. There are only a couple of children who need epi-pens. Motion Mr.Markey made a motion to grant the variance as long as the paperwork is submitted properly by 9:00 a.m.on Friday morning. If they do not have the proper information,or anything else is missing, missing,they will not be granted a license to operate in the Town of North Andover. H. MLS Soccer Camps—Letter received on 6/19/06 from Bill Varney,North Andover Soccer Association Vice President,wishes to request a variance to the local North Andover Camp regulations which stipulates a due date of May 1st,to be considered to operate a soccer camp for the week of August 7"'— l It"baseball clinic at 1600 Osgood Street for four weeks during the summer. Bill Varney, 12 Wintergreen Drive,North Andover,spoke. He is the President of the North Andover Soccer Association(NASA). An application was not filed by MLS(chosen Camp Coordinator)due to a communication error. The Camp Director has been retrieving CORFSORI's for the camp. Mr.Varney has worked on getting all the immunization records in. There is currently a membership of 1500 children. Ms. Sawyer states that this is a run of bad luck. MLS did not have all the proper up with medical records two years ago; last year,the Aztec Soccer Camp did not have all the CORI reports in. This year,there were more errors by MLS. As a Board,Mr. Varney cannot always have consistency. He goes through the applications to match up what he can. Ms.Rillahan asks if MLS supplies anyone to check medical records. These records are supposed to be given to Alec Cruickshank at MLS to be reviewed. Ms. Grant asks if there is an action plan for a medical professional to review medical forms. Ms. Rillahan asked for Policy&Procedures. Mr.Varney stated that the check and application were mailed on Wednesday(out of Acton),and to check mail for Policies and Procedures. At the meeting on July 20"'all paperwork will have to be submitted,such as CORI/SORT,medical forms,etc. Mr.Varney reminds the Board that he is a volunteer doing this. He has a full-time 60 hour a week job. ,dune 22,2006 North Andover Board of Health Meeting—Meeting Minutes (page 7 of 8 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,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public I Iealth Inspector; Pamela DelleCNaie,Health Department Assistant Motion Mr.Markey makes a motion to grant the variance to extend the May I'a deadline date to accept an application. Dr.Trowbridge seconded the motion. VII ADJOURNMENT The meeting was adjourned at 10:10 p.m. Prepared bv: Pamela DelleChiaie Administrative Secretary Approved by: Cheryl Barcza Clerk of the oard dune 22,2006 North Andover Board of Health Meeting—Meeting Minutes (Page 8 of 8 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,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Mlahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant North Andover Board of Health MEETING MINUTES TI LJRSDA' , AUGUST 3, 2006 7:00 P.M. Town Hall Building 120 Main Street, Second Floor, Selectmen Meeting Room Present:Dr.Thomas Trowbridge,Jonathan Markey, Cheryl Barczak, Susan Y. Sawyer,Michele E. Grant, Debra Rillahan, Pamela DelleChiaie 1) CALL TO ORDER The meeting was called to order at 7:12 p.m. 2) PUBLIC HEARINGS 3) APPROVAL OF MINUTES a) May and June Meeting Minutes were approved as written. 4) COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION a) Recreational Camps and Clinics A general discussion ensued regarding creating a regulation to require Criminal Offender Record Information(CORI)and Sex Offender Registry Information(SORI)for anyone who works with children. Ms.Rillahan spoke about the differences between recreational camps and clinics. Her opinion is that if an organization is a clinic or a program,and they have staff that work with children,that they should receive CORI/SORT checks for the safety of the children. Ms.Rillahan noted that she would check if other town agencies have authority over clinics. This will be discussed further at a later date. b) Mosquito Control Ms. Sawyer stated that there will be a meeting in mid to late September with Walter Montgomery of the Northeast Mosquito Control District,and others as an open forum or small group to discuss how the Town will move forward to address issues of concern. c) GLSD Ms. Sawyer met with Rick Hogan of GLSD,and Lincoln Daley,Planning Director. They will look at procedures to follow-up on complaints. Tech Environmental is under contract with the Town to monitor air quality and conduct testing. They are working on education regarding odors,such as creating a pamphlet,etc. with two or three deliverables. The odors have not been too bad yet; however,the issue is an ongoing problem. Since air quality management is a perfect avenue for evaluating this issue,more information will be forthcoming. 5) OLD BUSINESS 6) NEW BUSINESS a) 62 Farnum Street Request of William Dufrense, Project Manager at Merrimack Engineering for variances from the North Andover Regulations regarding setbacks from wetlands and for a three bedroom design. There are significant wetlands with ledges and outcrops,as well as a storm drain and an in ground pool. The septic system is to the rear of the property. The septic plans have addressed any issues of concerns. August 3,2006 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 2 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman,Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,I Iealth Department Assistant Motion: Mr.Markey made a motion to grant the variance of the distance from the leach field to the wetland from 100 feet to 85 feet. Dr.Trowbridge seconded the motion. All were in favor. b) 520 Foster Street Request of Ben Osgood,P.E.of New England Engineering to allow a septic system be designed to serve three bedrooms in lieu of four bedroom minimum required by local North Andover Health By-Law. Andy Lambert of New England Engineering appeared before the board. Mr.Markey asks what else is on the site. It is heavily wooded. The system failed,as it was leaking effluent. This is a remedial project,and the system will not be enlarged. Dr. Trowbridge asked why the well is being abandoned. The residents are in the process of hooking into town water. Dr. Trowbridge noted there are two tanks. The replacement is much bigger. The existing tank is approximately 750 gallons,and the new one is 1,500 gallons. There is a blocked wall vs. sloping ground and the fill field would have to be maintained properly. Dr.Trowbridge asked about the magnetic locating tape. This is a new requirement of Title 5 regulations. Ms. Sawyer asks about putting inspection ports to grade. Mr.Ottenheimer stated that three inches is okay. This system is for three bedrooms,and a deed restriction will need to be submitted before a certificate of compliance is issued. Motion: Mr.Markey made a motion to allow the three bedrooms in lieu of a four bedroom minimum mandated by the local North Andover bylaw. Ms.Barczak seconded the motion. All were in favor. c) Application for Body Art Establishment and Practice of Jamileh Kheiri Dr. Trowbridge asked about the institute of training that Ms.Kheiri attended. Ms. Kheiri moved here five years ago from Iran. In March 1997—2001,she worked with Julia Bowers of Haverhill. She also worked with a Dr. in Chelmsford in a dermatologists' office. She has CPR,First Aid, and blood borne pathogen trainings. She took 60 hour's worth of classes to become certified. She has done five procedures elsewhere. The Board stated that it needs some kind of verification of Ms.Kheiri's certificate,and list of credentials. Mr.Markey requested a letter satisfying the requirements of section 10.E.4 regarding"Application for Body Art Practitioner Permit"of the Body Art regulations. Note: The requested information will be submitted for further review of the application. ADJOURNMENT The meeting was adjourned at 8:25 p.m. Prepared by: Pamela DelleChiaie Administrative Secretary Approved by: August 3,2006 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 2 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas`I'rowbridge,DDS,MID,Chairman,Jonathan Markey,Member;Cheryl Barczak,Clerk 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, September 28, 2006 6:00 P.M. Town Hall Building 120 Main Street,2°d Floor Meeting Room PRESENT: Thomas Trowbridge,Chairman,Jonathan Markey,Member,Larry Fixier, Member,Susan Sawyer,Michele Grant,Debra Rillahan,Pamela DelleChiaie CALL TO ORDER The meeting was called to order by Dr. Trowbridge. II PUBLIC HEARINGS None III APPROVAL OF MINUTES A. August 3,2006 Meeting Minutes approval as written. IV COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Update regarding Mosquito Control Dr.Trowbridge printed out some information that showed an increase in the number of mosquitoes who were viral carriers,but there was no virus found in post mosquitoes. There was another two week update that showed another increase in the culicita melanora. According to the State test,there was no virus activity. The risk of mosquito exposure is high until the first hard frost. The incubation time can carry beyond that point;however,the surveillance is ending this week. It was noted that the Board received a lot of information,and performed some rational control this year. Next year,the Board will expand its' education to the public. The final information will be received next week. Ms, Sawyer stated that Brooks School asked for additional applications. It was decided that additional applications were not needed at this time. There were no positive mosquitoes or birds in North Andover and there were no further identifications in adjoining towns. Assistance from other town groups was very good as well. B. Election of a board member as clerk Larry Fixler was elected as the new clerk of the board. All were in favor. It was noted that nothing has come through the Attorney Genera's office as yet in terms of increasing the number of Board of Health members from 3-5 as was voted at Town Meeting. V OLD BUSINESS None VI NEW BUSINESS A. 114 Rea Street—(New England Engineering) Local Upgrade Request I. Reduction in offset distance between the estimated seasonal,high groundwater and the septic tank invert fi•om 12"required by Title 5,Section 15.227(5)to 6". 2. Reduction in offset distance between]each area and a foundation from 20 feet required by Title 5, Section 15.211(1)to 12 Feet. Septein6er28,2006 North Andover Board of Health Meeting—Meeting Agenda Page I of 4 Board of Heabla Alembei�: ThoplasTroxImid ,ge,DDS,All),Chaimianjonalhan Alarky,Member;Lan,Rder,Alember Fleallh Deparlmoil Siqjl:Sitsan,Venpyer,I leallh[Xivelor; Debra Rillahem,Public I Ieallh Nurfe;Alichele Gaud,Public I leallh In.oeclor;Pamela DelleChiede,I Ieallh I)eparlmenl lIssislaill Local Bylaw Variance I. Reduction in offset distance between a leach area and a wetland from 100 feet required to 87 feet. 2. Reduction in offset distance between a septic tank and a wetland from 75 feet required to 71 feet. Due to a death in the family and the cost of the system,a different system was chosen. For this system,a 40 mil poly barrier,and a block wall were designated for the site. A sieve analysis was eliminated. The setback and property lines were eliminated. It was noted that setbacks were previously approved back in June. Dr.Trowbridge asked why there was a need for a wall. Mr. Osgood stated that is it necessary due to ground grading issues. Ms. Sawyer noted that the tank is under the deck,and the pipe will have to go through it. There is some elevation under the stairway to get to the tank. Mr. Markey asked if the homeowner understands that this is a maintenance system,as it requires the FAST system. This type of system will need to go on the deed to the property. The offsets are okay; originally it was 78 feet,and is now 80 feet away with the pre-treatment system. Mr.Markey asked about the existing grade. Dr.Trowbridge noted the swale,which is used to drain excess water away fi-om the site. Ms. Sawyer said the purpose of it is to]seep it off the other person's property. Mr.Markey notes that the road is already going downhill,so the swale will not do anything. If they need it,they will put it in, if not,they won't. Motion; Mr.Markey made a motion to agree to the Local Upgrade variances as written,seconded by Mr. Fixler based on the plan date of September 11,2006. B. Review of Trash Truck/Solid Waste Regulations A discussion began regarding needed changes to the above regulations. The registration portion of the regulations was taken out,and Section 6.2 was eliminated,as it is all related. Strike out page 6,paragraph c. Wording should refer to the clerk magistrate,page 4f. It should be North Andover,Boxford,Georgetown,and Rowley. All have routes, 114 to 125 or 133. At this time, the plan is to have the placard designed with a fluorescent stripe down the side which will indicate "All Roads" in North Andover;but the stickers will still be utilized to designate which route. Dr.Trowbridge thinks there should be one placard that's"All Road"plain,and others. This would be too detailed and too expensive. Dr. Trowbridge suggested fluorescent stickers or tape with two different colors on either side. Police and truck drivers are very confused by the regulations. The biggest complaint has been trash trucks traveling on Route 125 between Bertucci's and Holt Road. The Permit money goes to the General Fund,and the Placard money goes to enforcement. All printing money comes out of the$350.00 fee. The main point is trying to limit the number of trucks on in-town roads,not just to bring in money for the Town. Ms. Grant states that the Wheelabrator regulations state that they have to enforce the routes,and if they know that the police have pulled a particular company's truck over,within five(5)days,they are supposed to send a letter that the contract is in jeopardy with the facility. Ms. Sawyer states that Ms. Grant must place her order very soon. Are there any major issues that the Board disagrees with? The process is already a month behind. Dr. Trowbridge thinks the sentence on the bottom should be taken off,and use different colored strips on each side. He suggests ordering either one or three strips. If there are stripes indicated, it means"All Roads." The Board agrees to combine stickers and charge one fee of$350.00. Ms. Sawyer noted that there are variances regarding fees for two companies who have businesses in Town. They get stickers instead of placards. They are allowed to use the stickers,and bring them in to discuss prices in October. These two companies are located on the non-designated Septern6er28,2006 North Andover Board of Health Meeting—Meeting Agenda Page 2 of 4 Boars!ol'Heallh Members: Thmmrs Troxbni4ge,DDS,AM,Chapman onalhan r' ark y,Alember;Larry Fixler,Alember Health Deparlment Slat(Susan Sary,er,Health Dimlor; Debra Mahan,Public Heallh Nro:,re;Michele Guam,Publie Health Ltpeelor;Pamela DellcChiaie,Heath Depar7mnt Asst larrl route. They get a discount of 40%because they are on the route. Ms. Sawyer wants to get statistics from Wheelabrator,and states that the Town is going to take a hit on this. Mr.Markey comments that if everything remains static,leave same as last year. In past years,Thomson received"All Roads"placards,and 50 trucks can go on"All Roads"as if they were a trucking co. and not a trash company. Ms. Grant asked if the Town can reduce the amount of trucks, or allow all 50. Waste Management has 87 trucks,but limits placards to 1.1. As a result,the number of trucks on the road went from 200 to 140,but 50 of the vehicles have placards. Whatever applies will apply to Mr.DeRosa of Ideal Disposal,as well. Mr.Markey stated that DeRosa currently does the recycling in the town. C. Discussion and proposals regarding amendments to the current Body Art Regulations With regard to a recent applicant for a Body Art Establishment and Practitioner,Ms. Sawyer stated that if we received satisfactory documentation that met the criteria, it would be approved. The first submission was not adequate,but the second submission was more satisfactory. The Health Department has the authority to allow the minimum requirements for this type of permit. A letter was written that the application is complete,and that the references and experience to be a practitioner in town are satisfactory. There may be future changes in regulations that could require licensees to get further certifications. The Board may want to add in more information to the regulations. There are multiple organizations that certify these practices. Mr. Fixler noted that the applicant maintains an esthetician license. People with this license are taught sanitation and first aid. Also,he double checked with licensing in New Hampshire,and the School of aesthetics. The classes they offer include sanitation,which is very important. They also have blood borne pathogens training. Mr. Markey was concerned with Section 4,skin disorders,conditions,etc. Dr.Trowbridge notes that the School of Pigmenta,was made reference to by Julia Bower,and to their website and curriculum. There is no state officiating agency,no state level license,and no standard to look to, so we have to make our own decisions. Therefore,the Board is left with using someone else's standards. The site of the Society of PC Professionals,and have certifications that offer a national standard. They understand that there is no certifying body. Ms.Rillahan notes that if they pass the exam,it is everything we are looking for. Mr. Markey asked how long it takes to take the test. Ms.Rillahan states that there are test centers around. It is 60 hours worth of hands on training. Mr.Fixler called the Micro site,and one needs to fly to Florida once a year,but is for a national certification. This is more of a society than an art,yet there are certain standards that they want to uphold. Ms. Sawyer states that we should include the tatooing. Mr. Markey states that tatoo artists do not need to take this test. Anyone in this category needs to demonstrate capability. Mr. Fixler states that SPCP is competing with Micro-pigmentation,and each have different requirements. Ms. Rillahan states that we need a uniform way to measure qualifications. Mr. Markey states that if policies are not a requirement by state or country,we should not require it. The Town of Andover said no,and the City of Haverhill requires that the procedure be done in a medical office. Mr. Markey noted that despite everything,people go of their own free will to have these procedures done,and are aware of the risks. It was noted that further review of the regulations and future applications will need to be done. D. Issues regarding Medical Waste Disposal Continued until next Board of Health Meeting VIII. ADJOURNMENT The meeting was adjourned at 10:40 p.m. Septenaber28,2006 North Andover Board of Health Meeting —Meeting Agenda Page 3 of 4 Board of Heallh Alember c Thomeu Troivbii(ke,DDS,AM,Chairman, onalhem Almig,Member;I wqy Fix/u;Alember Heallh Deparlmeni Sla(j Smart Sanger,Heallh Dim-lor; Debra Rillahan,Pablir Heallb Nurse;AVehele,Grrml,Pnblir Heallh lrraperlor;Pamela DelleChiaie,Heallh Deparlmenl Assi ianl Prepared by: Pamela DelleChiaie Administrative Secretary Approved by:.5 I ar4ixler , Clerk of the Board September28,2006 North Andover Board of Health Meeting —Meeting Agenda Page 4 of 4 Board of'Heallh Members: "1'hwna.r"1'rrrrvbrir,ge,DDS,MD,Chahwran,Jonalhanlllark y,Member;I—agy N ler,Member Ileallh Deparlmenl Sla/j Sraan.Srwyer,Health Direelor Debrrr Rillabarr,Public•Heallh Nur e;Michele Grrrnl,Public Ileallh Inepeelor;Pamela DelleChiaie,Ileallh Deparlmenl,1.f.ielanl North Andover Board of Health MEETING MINUTES THURSDAY, October 26, 2006 7:00 P.M. Town Hall Building 120 Main Street,2,d Floor Meeting Room PRESENT: Thomas Trowbridge,Chairman,Jonathan Markey,Member,Larry Fixler,Cleric,Susan Sawyer,Michele Grant,Debra Rillahan,Pamela DelleChiaie I CALL TO ORDER The meeting was called to order at 7:00 p.m. II PUBLIC HEARINGS None III APPROVAL OF MINUTES A. September 28,2006 Meeting Minutes—to be signed at next meeting. IV COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION V OLD BUSINESS A. Trash Truck Regulations A discussion ensued regarding changes made to the regulations. Dr. Trowbridge noted that Under Section G, it spoke about an all roads section. Ms. Grant spoke about her printing order,and placards with designated stripes. She spoke with Lt.John Carney of the North Andover Police Department and he was agreeable. In the future,it may be possible to have each truck fitted with a transponder,and when they go through the light,they get mailed a ticket. Ms. Grant noted that one truck driver was using half the placard sign in one truck,and half in another,and covering the missing piece with another piece of paper. Dr.Trowbridge states that by reviewing and streamlining the process,it will clarify and consolidate the requirements of permits and placards;it will ease some of the enforcement responsibilities. By combining the permit and registration,it has allowed the Town to lower the price to$350.00. Dr. Trowbridge brought up the issue of violations not paid to date in 2005. Ms. Grant notes that we have not had the opportunity to follow-up on that at this time. When violations come in,all parties are being notified. The Police Department is authorized to issue violations,and the violations are then attached to a designated fine. If a violator fails to pay their fine within 21 days, or fail to appear in court as specified,a criminal complaint may be issued against them. It was discussed that if there are any outstanding fines or violations,remaining,the offending company may not receive their permits to operate in Town. Ms. Grant notes that there has been a disconnect between all the tracking systems in the Town. The North Andover Police Department issues the ticket,and the Town Clerks office receives the payment of fines. If the Town is not receiving the money for the fines,those cases are falling through the cracks. In some cases,the offender has opted to go to court,and often,the fine is waived. Dr. Trowbridge notes that starting this year,for 2006,we need to go back through the records to January. If there are any companies that were issued tickets,and have not paid their fines,we October 26,2006 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,NID,Chairman,Jonathan Markey,Member;Larry Fixler,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Ilealth Nurse;Michele Grant,Public rlealth Inspector; Pamela DelleChiaie,health Department Assistant need to follow-up on it,and not allow permitting in 2007 until past fines are rectified. Dr. Trowbridge noted that Wheelabrator has an obligation to notify trash hauling companies that they cannot dump waste until they clear up their truck route violations. If they ignore any criminal complaints, it can be pursued at that point,but otherwise,it would hurt their business. Motion: Mr.Markey motioned to amend the Town of North Andover Solid Waste Regulations....as drafted on October 26,2006. Motion was seconded by Mr.Fixler. All were in favor. VI NEW BUSINESS A. 140 Marian Drive—(Merrimack Engineering) Variance Request: 1. Distance f torn the s.a.s. to a wetland f•oin 100 ft. to 56 ft. 2. Distance from a septic tank and pump tank to a B.V W.f-oni 75 ft. to 29& 34 ft. Local Upgrade Requests: 1. Distance from s.a.s. to foundation 20 ft. to 13 f. 2. Distance f torn s.a.s, to street line 10 ft. to I f. 3. Distance from s.a.s to easement, 4 f. to 3 ft. This plan was disapproved on October 19th. Mr.Markey notes that half the front yard is a right of way. Mr. Dufresne states that there is a good property line survey. Ms. Sawyer notes that the PLS from Merrimack Engineering must stamp the plans so they don't need to re-print them. The street is 25 feet away from the property line. The reserves allow a space in between. Regulations allow for 10 feet. Motion: Mr.Markey makes a motion to grant list of waivers listed on plan,and that the plan be stamped by the PLS. Dr.Trowbridge seconded the motion. All were in favor. B. 1475 Turnpike Street—(Merrimack Engineering) Local Bylaw Variance 1. Distance f tom s.a.s. to wetland from 100 ft. to 36 ft. (N.A. 5.02) 2. Distance fi°om septic/pump tank to wetland from 75 ft. to 30&28 ft. (N.A. 5.02) The Plan was disapproved on October 20th. The Health Department just received a revised plan today. Everything on the list has been addressed. The Health Department needs an official Local Upgrade from submitted. Mr.Dufresne will check his paperwork. This house is about three houses past the Boston Street turnoff. This site is surrounded by wetlands three sides around. This was approved at the Conservation meeting last night. The current system is in current failure. Dr. Trowbridge asked what a eomembrane is. This is a synthetic membrane, often made of polyvinyl chloride (PVC) or high density polyethylene (HDPE). It is often used to line landfills. It does not decompose and breakdown. The owners would like to save a large white pine tree due to economical reasons. The hay bale barrier will be placed prior to construction. Motion: Mr.Markey makes a motion to grant the variances as listed above. Mr.Fixler seconded the motion. All were in favor. Octo6er26,2006 North Andover Board of Health Meeting—Meeting Minutes Page 2 of 5 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman,Jonathan Markey,Member;Larry Fixler,Member Health Department Staff:Susan Sawyer,Ilealth Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaic,IIealth Department Assistant C. 301 Summer Street-(Merrimack Engineering; Local Bylaw Variance 1, Reduction in offset distance between a leach area and a wetland from 100 feet required to 54 feet. 2. Reduction in offset distance between a tank and a wetland from 75 feet to 52 feet The revised plan was submitted on October 16'*. It is currently in for re-review. This is another three- sided wetland issue. The soils were not bad. There is a natural swale there that helps with drainage issues. Motion: Mr.Markey made a motion to grant the variances as requested. Mr.Fixler seconded the motion. All were in favor. Additional note: Steve Taddic was present,and is the new homeowner. The septic system failed Title 5 in June. He took occupancy of the property on October I0"'. He appeared at the meeting as he was concerned about a tree that needs to be moved according to the septic design that he reviewed. Mr.Markey states that with the wetland, it has to be moved over, or it would be in violation of Title 5. Mr.Taddic moved here from Oregon. Comments were made that it would be highly unusual for a mortgage company to approve a loan on a septic system that had not been replaced, or had an already approved plan. According to Mr. Taddic,the listing agent was unethical,and listed this house as having an approved septic system. There was also a question of the Title 5. The Health Department does not have a copy of it. Dr.Trowbridge asked who has control over the escrow. Mr. Taddic replied it is the previous owner's mortgage company. He wants to get the work done before the season expires. D. 44 Cricket Lane—(Merrimack Engineering) This was a last minute request to be at the meeting based on the re-design submitted on October 24th. The plan calls for a re-configuration of three smaller trenches to gain more distance to the wetland. There was a comment from the reviewer regarding a Local Upgrade. By moving the system closer to the house,he was able to eliminate excess to about a tenth of a foot. Mr.Markey asked if they could raise the building sewer,and about the front area. Mr. Dufrense responded that this is a contemporary house in a very wooded setting. The front area of the house was not explored,as it would be more costly to get all the equipment around out front. Mr. Markey likes the fact that the engineer is keeping all the trees in the front and keeping the four foot water offset. The orientation of the system was very specific in maintaining the contours of the yard. Mr. Markey states that these trenches are three feet wide by one foot deep. Mr. Markey suggests a trench configuration with infiltrators. The 12 inch infiltrators,are lower than a 12 inch bed. Motion: Mr.Markey made a motion to grant the waivers listed on the plan: Local Upgrade Request 1. Distance from the s.a.s to ESWT from 4 feet to 3.9 feet Waiver Request 2. Distance from s.a.s. to BVW front 100 feet to 61 feet.. Mr.Fixler seconded the motion. All were in favor. E. 1475 Osgood Street—(O'Neill&Associates) This plan was disapproved on October 23rd,and is pending major design changes. This is the location of the Merrimack Valley Credit Union(MVCU). Luke Roy is the engineer of the plan. This is an upgrade for a two story office building. The existing system was built in 1986 and has failed. Mr.Roy designed a trench system that meets the requirements of Title 5 requirements. In addition, it is proposed that there be two tanks,given the pump situation. Soil testing was done,and there was a rate of less than two minutes per inch. The nine to six inches was for a five-minute period of time. The front of the existing building is October 26,2006 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 Ilealth Members: Thomas Trowbridge,DDS,hID,Chairman,Jonathan Markey,Member;Larry Fixler,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public I Iealth Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant paved parking,with masonary walls. It is hoped that the property can hook up to the building sewer to minimize the impact to the system. The variance Is for a separation from five to four feet,and to maintain a gravity system to hook up to the existing building sewer as it is. The percolation rates were three minutes per inch, and on the threshold of two minutes per inch per material. Mr.Roy's office did receive the reviewers comments,and they have addressed the items with the exception to this variance. DEP also needs to approve. If they move the system a foot lower,they can keep all the elevations. The design was based on sub-soil conditions. The existing tank will be removed,as it is located where proposed tank will be. It is a hardship for the applicant regarding raising the building sewer,as it involves digging up the parking lot,and disrupting handicap access,etc. Mr.Markey asked it the existing pump chamber discharges to a four inch main. It is four inches at 1.5 percent. Everything in the building goes through the grinder pump. Mr.Markey notes that every time the pump would discharge, it would siphon that line. DEP requires that all the specs on the pump and pump chambers,be noted. Mr.Markey also asked about the basement level of the building. Ms.Grant asked what prompted the Title 5 Inspection. There is some breakout down by the vent,and have had to have the system pumped frequently the last few years. The MVCU is outgrowing the building and may sell the property. Mr.Markey states that this is not a good situation. The system designed for the current,existing square footage of the building. Mr. Markey asked about the square footage based on the assessors records. He recommended that Mr.Roy go back to MVFCU and give them their constraints. With the current design,they will be locked in with their design flow. Any change in use is going to get a different design flow;especially if they have unfinished space in the basement that they want to utilize,they would not be allowed to do that because of the design flow. The other point of concern is he thinks this site will be back for review in 10-15 years. This will happen because of the grinder pumps. We don't see privy with the four foot groundwater offset. Mr.Markey commented that it must be demonstrated that nothing else can be done before granting the variance. Everything must be documented. Motion: Mr.Markey made a motion to deny the variance request. Mr.Fixler seconded the motion. All were in favor. F. 45 Forest Street(New England Engineering;) Local Bylaw Variance Request 1. Allow a system to be designed for three(3) bedrooms in lieu offour(4) bedroom miniruum design required This plan was tentatively approved on October 201",pending minor changes. This is a repair system,as the existing system has failed. The Town has a regulation that the system must be designed for four bedrooms. If the property is a three bedroom,a deed will have to be put on the property. There is no reserve area noted on the repair design. The engineer is trying to keep the cost down for the homeowner. This is a "catch 22" in the current North Andover regulation. Mr. Markey asked what the square footage is. It is 622 sq. feet. The intent of the minimum bedroom is for minimum square footage(600 feet). Ms. Sawyer states that most people want a four-bedroom home. The definition of a bedroom is on the second floor, over 70 sq ft,with heat and a window. This house is presently vacant. Motion: Mr.Markey states that we have allowed this variance before,and there is no issue. Mr.Markey made a motion to grant the variance as listed,and to note the variance needs to be recorded in a deed restriction. Mr.Fixler seconded the motion. All were in favor. G. 445 Forest Street(New England Engineering)(Received plan 10123106-pending review) Local Bylaw Variance Request Octo6er26,2006 North Andover Board of Health Meeting—-Xleeting 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 I3ealth Members: Thomas Trowbridge,DDS,MD,Chairman,jonathan Markey,Member;Larry Fixler,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DclleChiaie,Health Department Assistant 1. Allow a system to be clesignedfor three(3)bedrooms in lieu offour(4)bedroom minimum design required. This site is the same situation as the previous property. The repair would entail putting the system back to where it exists now. This lot is 88,000 square feet, and is all woods in the back. An inquiry was made as to whether this home could become a four-bedroom without cutting down trees. Mr. Osgood acknowledged that this could be done,but the process adds additional costs and soil testing. This is purely a financial and technical item. He would have to add on a row of infiltrator chambers,and more soil testing for a reserve area,and have an equal sized area behind the house. Motion: Mr. Markey made a motion to grant the variance as listed,and to note the variance needs to be recorded in a deed restriction. Mr.Fixler seconded the motion. All were in favor. H. Issues re:Medical Waste Disposal Ms.Rillahan posed the question to the Board with regard to"do we want to provide a drop off site for elderly and sick residents?" The current costs with Stericyle for the year is$1,080 per year,and four boxes at three pickups per year. Ms.Rillahan would like to suggest that the drop off place be at the Fire Department. Everyone is required to dispose of medical waste by one of these companies. It was noted that CVS in Haverhill has a drop off where they will take back containers of used needles. Further discussion will take place at another meeting. Adjournment The meeting was officially closed at 9:35 pm. Prepared bv: Pamela DelleChiaie Administrative Secretary Approved bv: Larry Fixler Cleric of the Board. Octo6er26,2006 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 1,lembers: Thomas'Trowbridge,DDS,MID,Chairman,Jonathan Markey,Member;harry Fixler,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Norse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant North Andover Board of Health MEETING MINUTES THURSDAY,November 16,2006 7:00 P.M. Town Hall Building 120 Main Street,2nd Floor Meeting Room Present: Dr.Thomas Trowbridge;Mr.Jonathan Markey,Mr.Larry Fixler; 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 None III APPROVAL OF MINUTES A. September 28,2006 and October 26,2006 Meeting Minutes approval as written. The meeting minutes for September were approved and signed. The October meeting minutes need further changes. Note on the following:pg. 3—it should be if. Mr.Markey noted a typo on page 2 towards the bottom of the page—geomembrane. Also on page 2,Dr.Trowbridge cannot second the motion. Motion: Mr.Fixler made a motion to correct changes as noted,and Mr.Markey seconded the motion. IV COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Tobacco Enforcement Susan spoke with Ron Beauregard of the Healthy Communities tobacco program,and he noted that the last two rounds of tobacco enforcement have been positive. Of special note, Stop and Shop has done very well. All establishments holding tobacco licenses have passed their checks satisfactorily. Dr. Trowbridge brought up the subject of a newspaper article regarding the sale of tobacco in drugstores. He made a comment that it is not a big problem in North Andover,especially the smaller establishments. Ms. Sawyer commented about the article, and was not sure of the source,and where that information came from. Mr.Beauregard has brought up the idea in the past that pharmacies are in existence to assist people in maintaining physical health,and is a contradiction for them to sell tobacco products. Dr.Trowbridge mentioned that when Ron comes before the board again,we can clarify. B. Medical Waste Disposal Dr.Trowbridge asked Ms.Rillahan about medical waste disposal. Ms.Rillahan learned of another company while she was at the annual MHOA conference at the Cape. She stated that this company offered a better deal. She also spoke with the North Andover Fire Department,and they are willing to consider being a drop off location. This particular company she is considering working with work a lot with the local Fire Depar t rent in the Cape Cod area. This company would setup a drop off box which would be November 16,2006 North Andover Board of Health Meeting—Meeting Minutes Page 1 of 4 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman,Jonathan Markey,Member;Larry Fixler,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Afichcle Grant,Public Health Inspector; Pamela DelleChinic,Health Department Assistant locked,and they only charge when they conduct a pickup,as opposed to other companies that charge a monthly fee in addition to whatever the pickup charge is. Therefore,the total cost would be$80.00 per month. This will again be an agenda item at the next Board of health meeting under"Old Business." V OLD BUSINESS None at this time. VI NEW BUSINESS A. Massage-Lucille Legner,Massage Therapist applicant Ms.Legner spoke regarding her massage practice, She is a wholistic massage therapist. This therapy encompasses the body mind and spirit. She has been doing this therapy for two years in the Towns of Winthrop,and Lynnfield. The reason she is seeking the variance is because she wishes to practice out of her home. She has an area setup in the basement of her home. She is proposing that the clientele would be coming on a sporadic schedule, as she works somewhere else as well. Ms.Legner states that she does not want to post signs,or advertise outwardly as a business location. The number of clients would perhaps be an average of two per day,five days per week. Ms.Legner states that she has substantial references,and has been a resident in North Andover for 20 years. She has strict guidelines and ethics. She spent over $20,000 to obtain her massage licensing. Ms.Legner states that she peforms Swedish massage,and her clients are fully covered, and always draped. She only exposes the area she is working on. In addition,Ms.Legner states that she does not work on any private body part areas;only the arms, legs,neck,and lower back. She is also a Reiki I practitioner,which is done using soft placement of the hands on the body. Ms.Legner states that she is also a Polarity I Practitioner,which consists of touching and treating key points in the body. She also uses 100%essential oils. She always has her clients complete a health form,and keeps SOAP notes on each person, Ms. Legner is willing to go by whatever guidelines the Board imposes. She has been at her current address of Webster Woods for five years. She previously lived on Johnnycake Street(since 1986). In addition,Ms. Legner worked at a massage and day spa in Lynnfield. Mr.Markey asked if she put in a special request to the zoning board for a special permit. Ms.Legner states that she has not done that,as she wants to take one step at a time. Mr.Fixler asked if Ms. Legner would be interested in doing work at an already existing Massage Establishment in Town. Ms.Legner states that she has a very large school loan to pay,and may get an office job as well to help pay for her loan. She is trying to reduce overhead costs,and the time it takes to build up clients. Dr.Trowbridge inquired about Ms.Legner's basement design and layout,and if the space would be used for anything else but massage. Ms.Legner stated no. Mr.Markey asked about the current number of Massage Establishments,and Massage Therapy licenses. Dr. Trowbridge stated that this is using a home and establishing a business. Ms. Legner asked if there is a problem with the space,could she use the exercise room exclusively? Also,she stated that she is on sewer. Dr.Trowbridge understands what Ms.Legner is trying to do,but if this variance request is granted,the variance would hold for all massage therapists,and the current regulations are setup for a different intention. Mr.Markey agrees,and reads the massage regulations under Section 6.A. November 16,2006 North Andover Board of Health-XIeeting—'Adeeting Minutes Page 2 of 4 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas'Trowbridge,DDS,MD,Chairman,Jonathan Markey,Member;Larry Fixler,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector; Pamela DelleChiaie,Health Department Assistant "Every establishment must be located in an area appropriately zoned for such an establishment, or must obtain a special permit or variance from the Zoning Board of Appeals. Under no condition shall an establishment be located in a residential dwelling. Unless we could prove that the type of business use requested would make the dwelling more like a business than a dwelling,this is not going to be acceptable. The primary use for the property is as a residential dwelling. Mr.Markey states that if Ms.Legner had come in with an exception,for example,that the first two floors would be used for Massage Therapy,and the top floor rented out as another business,and was approved by Zoning,that would possibly be okay,but at present,the Board feels that they need to uphold the current regulations as they are written. The intent of the regulations is for keeping the establishment,clean, manageable and inspectable. To add another large group of establishments onto the current list would not make the job easy for the Health Inspector to keep on top of. Mr. Fixler states that approving a variance such as this would open up the floodgates for additional requests for other types of body therapies,body art,etc.being done in the home. Dr.Trowbridge also notes that abutters are notified by other boards of a request for a business. Philosophically,we wrote the regulations have establishments not be in private homes for many reasons. Ms.Legner states that she has a friend in Lincoln, MA,who received a license to practice out of her home,and that is a prominent Town. Ms. Legner states that she desired to get herself started and build a business without the overhead costs. Mr.Fixler commented that it is not about massage therapists and what they do. This is strictly regarding where the establishments are located. Motion: Mr.Markey made a motion to deny the variance request by Lucille Legner for Massage Establishment License at 244 Webster Woods Lane. Mr.Fixler seconded the motion. B. Well—776 Great Pond Road—Watershed area Variance Request Ms. Sawyer explained the regulations with regard to Wells in Town and access to Town water. If a property owner has access to town water,the Town does not allow drilling of a well. The word reasonable is still in the regulation. Mr. and Mrs. Worthen were present,and Mr. Worthen explained that they currently have a well on the property. The Worthen property abuts the Rolling Ridge Methodist Camp,and Saile Way area. Mr. Worthen noted on the parcel where the well is,and where the dwelling is. They have had this well for 14 years now. The problem is that the current well water is difficult to control with water softener. They also periodically have rust staining problems. It will cost$15,000 to connect to the road. Mr.Worthen asked for an extension to hook into Town sewer about 10 years ago. He states that their current septic system has a very large leaching field area. They had a quote of$54,000 to hook into sewer and felt it was financially unreasonable at the time sewer connection became available. It is now$35,000 to hook into the sewer,and it would be another$15,000 on top of it to connect to the water. In addition,there were previously aquaphor issues during the drought in previous years. The Worthen's are currently in the process of obtaining the necessary permits from the Department of Public Works(DPW)to connect to Town Sewer. Mr.Markey elaborated, and discussed the hydrology of the area,and has no issue with drilling a new well. Ms. Sawyer notes that if there is reasonable access to Town water,then the regulations state that one cannot have a well,but if unreasonable,can have a well. This is a simple action. Dr.Trowbridge mentioned the Novent6er 16,2006 North Andover Board of Health Meeting—electing Minutes Page 3 of 4 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman,Jonathan Markey,Member;Larry Fixler,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Ilealth Inspector; Pamela DelleChiaie,Health Department Assistant aquaphor issue. He does not want the Worthen's to abandon the old well until the new well will work. The well has either too much iron,or salt. Mr.Markey asked if any discharge goes out to the septic. He stated that the iron content is going to impact the leaching field in a negative manner. Ms. Sawyer notes that she does not have any information on this current septic system. Ms. Sawyer is pleased that the homeowners are now going to connect to the Town sewer system. Mr.Markey notes that we need a septic as built plan to know where the septic system is in relation to the well. Mike Reilly has been contracted by the Worthen's to install the sewer connection. Mr.Markey commented that it is$14 a foot to lay a water line. Note: It was noted that no permit will be issued until the Health Department receives the Septic As Built Plan when the well application is submitted. t Adjournment The meeting was closed at 8:04 p.m. Prepared bx: Pamela DelleChiaie Administrative Secretary Approved by: mow... Larry Fixler s �- Clerk of the Board November 16,2006 North Andover Board of Health Meeting—Meeting Minutes Page 4 of 4 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman,Jonathan Markey,Member;Larry Filler,Member Health Department Staff:Susan Sawyer,I lealth Director; Debra Rillahan,Public Health Nurse;Michele Giant,Public Health Inspector; Pamela DelleCluaie,Health Department Assistant