Loading...
HomeMy WebLinkAbout2005 Oct Nov Dec Signed Minutes North Andover Board of Health MEETING AGENDA THURSDAY , OCTOBER 27 , 2005 7 : 00 P . M . — 9 : 00 P . M . Town Hall Building 120 Main Street , 2nd Floor Meeting Room Call to Order The meeting was called to order at 7:20 p.m.. Mr. Markey is absent from the proceedings. Hearin This hearing is the result of a third violation by Super Stop & Shop, 757 Turnpike Street, North Andover, MA 01845 of North Andover Board of Health "Regulations Affecting Smoking in Certain Places and Youth Access to Tobacco," Section D.1, for selling tobacco products to a minor (the first violation occurred on June 2, 2004 and the second violation occurred on August 26, 2004). Ron Beauregard appeared to present the case for above. On August 26th, Friday afternoon, at 3:10 p.m, the students entered in their ordinary fashion, emptying pockets, and attempt to buy cigarettes with no identification. Mr. Beauregard observed the student go into the establishment 5-10 minutes after, purchased Newport cigarettes for$6.29. He then met with the Manager, who was also present at the hearing. The clerk was a young adult female. A discussion ensued regarding the appropriate concern regarding the transaction. A couple of other discussions ensued regarding displays, etc. The regulations do provide for a$300 fine, and a suspension for 30 days. This afternoon, a tobacco control advisory meeting was held and attended by Susan Sawyer, and Mr. Bearuregard. The goal of Healthy Communities is to work with retailers to reduce sales. A time will be set to meet with all employees for additional training. Mr. Beauregard welcomes ideas for a reduced suspension, such as single register sales, as too many registers encourages the chances of a sale. The manager, Ms. Diaz, is advocating to move the tobacco corral at the service desk. The front end employees have been spoken to again about tobacco sales to minors. Dr. Trowbridge notes that the fine has been paid, and Mr. Beauregard suggests a 2 week suspension, rather than 30 days. Ms. Diaz states that all associates will be carding each customer purchasing cigarettes. Only a few associates will be allowed to sell tobacco products from now on. The employee who sold was terminated, and all new associates sign a form stating that if they sell tobacco to a minor they will be terminated. Motion Ms. Barczak made a motion to reduce the suspension from 30 days to 14 business days, in light of the fact that there is an active plan to reduce sales to minors within the store. The fee was paid. Dr. Trowbridge seconded the motion. octo6er27,2005-North Andover Board ofHealth Meeting—Meeting Minutes Page 1 of Note: The Board of Meafth reserves the right to ta(g items out of order and to discuss and/or vote on items that are not fated on tde agenda. Board n('Health tlle.mbas: Thomru Tro)rhri lge,DDS,dID,Chairman,Jonathan Alarkey,Member;Chery l BarrZyk,Clerk Health Department Stat7.'Srrsarr Smvyer;Health Daraor; Debra Rillahan,Public Health Nurse;tl-fiahele Grant,Public Health Inpertor;Pamela DelleChiaie, Health DeparinmiAssistant Dr. Trowbridge asked about the month long trial of Sam's Mobil. Was checked at three separate times. There was one failure, and two successful non-sales. Failure occurred of sale to 40 year old male. Left license in car. The clerk asked for an i.d., did not have,but sold anyway. A sign was placed in the store. Hearin This hearing is to amend the Board of Health Regulations known as the "Town of North Andover Minimum Requirements for the Subsurface Disposals of Sanitary Sewage" regarding Title 5 Inspector Licensing through the Town of North Andover Health Department. New Business Dr. Smith, 270 Marbleridge Road, North Andover, a resident for approximately 60 years. Chapter 79, Property Maintenance Code—he has highlighted certain parts that he wants the Board to look at very carefully. Title 11, Lack of maintenance; 13 —Purpose—minimum standards governing appearance of residential properties; 21 —Level of Maintenance in conformity with all applicable lazes;Item 2—Maintenance of residency structures—storage of items such as firewood, children's items, etc., exempt. Landscape elements—maintained in sanitary conditions; Item 4—Weeds,grass, shrubs; Item 7—No accumulation of types of trash; Section 79—responsible for enforcement and oversight. 32—Violation will constitute a nuisance; 33 —Issuance of Compliance Orders; 35 —Responsible for any costs incurred; 36— Penalty—Fined of$150.00 per day if failure to comply. The reason for this proposal,is due to problems of a resident who's home was demolished about a year and a half ago because of unsanitary, and unlivable conditions. This resident is now living next door to Dr. Smith. This resident's front lawn has never been cut, bushes have never been cut, this property is on its way to the fate of the previous property. Also of concern is the adverse affect of surrounding properties. Required to get 150 signatures. Dr. Trowbridge does not disagree with the problem, but the Board of Health cannot sway a yes or no vote, as the purview of these items is not directly related to the Board of Health. Ms. Rillahan states that perhaps the Housing Court could mandate regular monthly checkups to be sure dzat a healthy environment is maintained. Dr.Trowbridge states that there is a fine line, as the items of concern in the bylaw is not something that a Health Inspector would have expertise, or be involved in. Individuals may interpret what is acceptable or not differently. Ms. Sawyer also states that if an individual does not have the means to repair the house, and it is in a condition to be condemned, and the BOH condemns it, the Town would have to incur the costs of the repairs. The Health Department will discuss options with the housing court to clean up the empty lot at the previous location. Dr. Trowbridge states that this proposal is an overlap between Health and the Building Inspector. Dr. Smith states that if this bylaw goes to the Attorney General, and is approved,it would be effective for all towns in Massachusetts. october 27,2005-North Andover Board of Health Meeting—Meeting Minutes Page 2 of Note: 4fie(9oardof.9fealth reserves the right to ta4 items out of order and to ducuss and/or vote on items that are not&Ud on the agenda. Borer!ofFleallb AIemGees: Thwnn Trowbeidge,DDS,AID,Chidni nii,joneilhan AIa kg A,1emher,Cheryl Beira;ik,Clergy Heerllh Domilneal Sla/C`Sawa Smkyer Health Director; Debra Rillahan,Peblic Ileallh Nurse;Michele Gawl,Public-Heallb In.petlor Pamela DelleChieie, Health De par Daenl Assi rlaai Dream Dinners Ms. Sawyer explains the procedures to apply as a new food establishment. New concept, something different, and some red flags came up. Want to address in an open forum, to be sure that the public is safe. Ms Hebert has a newsclip from Channel 4 re: Dream Dinners. t Profiled the Dream Dinners operation in Framingham. A dozen different recipes to choose from. Let's Dish is another national chain to open in Massachusetts. People like to put together their own meals without having to shop for all the ingredients. Six meals for 6 for $120.00. See special reports at w.cbs.co . Ms. Hebert is hoping to gain approval for her application. Dr. Trowbridge noted two sections in the October 20`''letter. Customers handle only food that are intended to be cooked. Everything a customer takes home is cooked at home. Appointment is made over the internet, and meals are paid for. National contract with Eco Lab, sanitizing and Sysco for the food contents. Ratio—one employee for every four customers. Ms. Hebert and her husband are Sery Safe certified. Ms. Hebert currently works at the Framingham store. Cooking labels are provided, and food is only intended for the customer who prepares the food. There is a sampling area,which is usually accessed as the customer is leaving. Ms. Hebert is the mother of four, and has been a customer of this since September of last year. She spends 45 minutes making 13 meals. Big difference between Andover location of Let's Dish. They encourage civic mindedness, and sell franchises as territories, not individual towns. Dr. Trowbridge asks about the ratio. There will be one trailed employee to every 4 customers. The Dream Dinner employees will all follow the food code to the letter. Some people putting food in the bags, but not everyone wears gloves. Give sample of spicy chicken...... Ms. Hebert provides on-site services for washing aprons. Customers wear red aprons, and employees wear black. Seigle use hairnets are provided. Ms. Sawyer asked about training. At the end, there would be acknowledgement that the customers have been trained in these types of things, such as excess jewelry, etc. Previously a variance was required to prepare raw foods, but now that state does not require them. The other ones have variances to Section 3.3106. Now not necessary. The company encourages only five sessions per week. Other time is spent preparing for the sessions. Ms. Hebert chose her leasing location, as it a destination spot, such as flowers, haircutting,bank, etc. Ms. Sawyer notes that the items that Ms. Hebert is offering, should become requirements, so that any other new establishments would have to follow these types of guidelines. This new co ncept will be discussed at the MHOA conference next week. octo6er 27,2005-North Andover Board of Health Meeting—Meeting Minutes Page 3 of4 Note. Tie Board of Meafth reserves the right to takF items out of order and to discuss andlor vote on items that are not Cuted on the agenda. Bnard vfHeallhAdemGerr: T hoinnf Trorvbird Q y,Member;CheylBnn �,Ceg tl� Heallh Deartnreut Staff:Surau S'anye�;Health Dn�itor Dehra I�e7lainrn,PuGlic Heallh Nrare;Alicfirle Grant;Pnhlit Heallh Lr. eela;Pamela DalleC'biaie, Heallh DeprImenl AsshYanl i Motion: Ms. Hebert wants relief from the review of Section 1. Section 2 needs to be reviewed, and develop guidelines/regulations for this particular permit. Since Dream Dinners has been in operation, there have been no foodborne illnesses. Ms. Silvestro—Massage Therapy License She is 19, and is hoping for a waiver or exemption from this requirement. Graduated from High School, and went to Hesser College to get her Massage Therapy license. Always been a leader and determined person. A year long, 700 hour course. Would like to establish her own business here in North Andover. Brother started his own flooring business two years ago,and she looks up to him. Motion Ms. Barczak motions to accept the variance of the age waiver for this particular license. Dr.. Trowbridge seconded the motion. Received the application and check from Ms. Silvestro. Application for her and Daeva Salon will be processed on October 28`' Title 5 Regulation proposed amendments This will be an added section in the regulations regarding Title 5 Inspectors. Motion: Ms. Barczak made a motion to accept proposed section to be added to the Septic regulations. Mosquito Control District Re-enrollment—Dr. Trowbridge asked about this with the Town Accountant. May need to wait until the May Town Meeting. Has not yet spoken with the Town Manager, and does not know if it will be in the 2007 budget year. Gathering background information moving forward into future years. Ms. Sawyer spoke about the Superintendents and school administrators getting together to discuss dealing with this situation in the future, to be sure we have a plan for it. Every school and every town was making a different recommendation, however the various programs in various towns interact, and sometimes decisions were conflicting. Dr. Trowbridge is doing some mosquito, fluoride, trash, avian flu research. Adjournment Meeting was adjourned at 9:20 p.m. T ared (.Pamela DeffeChiaie Administrative Secretary roved�6 Cheryfoat� ak � Cferkof the oard october 27,2005-North Andover Board of Health Meeting—Meeting Minutes Page 4 of 4 Note: 7he(Boardof.9fealth reserves the right to taktg items out of order and to discuss andlor vote on items that are not Ctsted on the agenda. BoarAofllealth Alawbers; Thomas Trowbridge,DDS,AID,Chainrmrr,Jonathan Dlarkg,Member;Cheryl Barctiak,Clerk Health DeparYmeu! Sta/l SnJ'ar!Smnjyer,Health Dbvaor Debrrr Rillahan,Public Health Nurse;Alichele Gmrrt,Public Health In.peaor;Pamela DelleChiaie, Ileallh Depar mierrt ASdislaOt North Andover Board of Health MEETING MINUTES SATURDAY, NOVEMBER 19, 2005 11:00 A.M. Town Hall Building 120 Main Street, 2nd Floor Meeting Room I. CALL TO ORDER The meeting was opened at 11:09 a.m. Tom Trowbridge,Jonathan Markey and Debra Rillahan were present II. PUBLIC HEARINGS None at this time. III. APPROVAL OF MINUTES None at this time. IV. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION None at this time V. OLD BUSINESS None at this time. VI. NEW BUSINESS A. Ben Osgood of New England Engineering Services presented the septic plans for 1312 Salem Street. Mr. Markey motioned to grant the variance as requested. The motion was seconded by Dr. Trowbridge,and signed by both VII. ADJOURNMENT The meeting was adjourned at 11:20 a.m. Pre-pared . 4TameCa DeCleChiaie Administrative Secretary J-Pprovedt: Cheryfoarc Clerkof the(Board Note: The Board of Health reserves the right to take items out of order and to discuss andlor 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 Rilllahan,Nurse;Michele Grant,Health Inspector;Pamela DelleChiaie, Assistant North Andover Board of Health MEETING MINUTES THURSDAY,DECEMBER 15,2005 7.00 P.M., Town Hall Building 120 Main Street,2nd Floor Meeting Room I. CALL TO ORDER The meeting was called to order at 7:05 p.m. Present: Dr. Trowbridge, Mr. Markey, Susan Sawyer, Michele Grant, Deb Rillahan, Pamela DelleChiaie II. PUBLIC HEARINGS None at this time. III. APPROVAL OF MINUTES A. October 27th and November 19th 2005 Meeting Minutes approval as written. Dr. Trowbridge has not had an opportunity to review the minutes, and requested to sign them at the January meeting. IV. COMMUNICATIONS,ANNOUNCEMENTS;AND DISCUSSION A. The 2006 meeting schedule was discussed, and due to scheduling conflicts, the dates for January and February were changed to Thursday, January 19, 2005, and Wednesday, February 15, 2005. An updated schedule will be posted on the Town of North Andover website calendar and Health Department site, as well as at Town Hall. V. OLD BUSINESS A. Final signatures on the Town of North Andover Septic Regulations The regulations were signed by the Board of Health members, and will be posted to the website, and distributed to the local septic installers and Title 5 Inspectors. B. Mosquito Control District This is an ongoing cycle. One cannot ascertain the end of the cycle. Dr. Trowbridge will discuss the issues with the boards and powers that be. Dr. Trowbridge will request that this item be put in as a budget request to be considered. Dr. Trowbridge also noted that he recently read a textbook written about mosquitoes by a professor at Harvard. The life cycle of the mosquitoes is very dependent on the natural water level. Dr. Trowbridge may have Mr. Walter Montgomery come in to do a presentation for the Board of Selectmen, and/or Finance Committee. Note: The Board of Health reserves the right to take itents 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 Rilllahan,Nurse;Michele Grant,Health Inspector;Pamela DelleChiaie, Assistant Motion Mr. Markey made a motion that the Town of North Andover re-enter the Mosquito Control District. A petition will need to be submitted by January 5, 2006. Dr. Trowbridge seconded the motion to submit the petition in favor of the Mosquito Control District to request that the Town reconsider joining. All were in favor of making the petition for deadline. VI. NEW BUSINESS A. Request by Health Director that Mathew Wisniewski applicant for a Massage Therapist License attend the meeting to discuss his pending application. There were some concerns raised about the fact that the applicant does not meet the 45 day period submission of the physical and chest x-ray requirement for Massage Therapists in North Andover. It is the opinion of the nurse, Ms. Rillahan, that a physical submission within one year is acceptable. Also, most insurances will not pay for more than one physical within a calendar year, and so it is unreasonable to ask this of applicants. Motion: Dr. Trowbridge motioned to allow a waiver to Section 5, Part F regarding the physical exam and chest x-ray requirement be resubmitted. Mr. Markey seconded the motion. Note: The Board members will review the regulations before the next meeting and consider revising the Massage Regulations to allow a physical within one year, and substitute the chest x-ray for a TB test. EXECUTIVE SESSION B. Discussion regarding the GLSD Lawsuit VII. ADJOURNMENT The meeting was adjourned at 8:10 p.m. by Dr. Trowbridge. 1Tre ared . (Pamela 1oeffeChiaie Administrative Secretary APproved-&: Chery(Barc k Ckerkof 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. Board of Health Members:Thomas Trowbridge,DDS,MD,Chairman;Jonathan Markey,Member;Cheryl Barczak,Clerk Health Department Staff:Susan Sawyer,Health Director;Debra Rilllahan,Nurse;Michele Grant,Health Inspector;Pamela DelleChiaie, Assistant