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HomeMy WebLinkAboutFeb 2004 Minutes North Andover Board of Health Meeting Minutes DPW 384 Osgood Street Thursday—FEBRUARY 26,2004 7:00 p.m. New_Business The meeting called to order at 7:05 p.m. Meeting Minutes Approval of January 22,2004 Board of Health Meeting presented for signature. Minutes were signed by Ms. Barc ak. A motion was made and seconded to approve the January 22,2004 Board of Health Minutes. Tobacco Hearings scheduled for: North Andover Shell and Sam's Mobil Mr. Ron Beauregard from Healthy Communities was in attendance to present the following information: To understand the process for how Healthy Communities works, Mr. Beauregard noted that he passes out forms called"Tips for Teens"to the undercover students who work for Healthy Communities, so that they are aware to dress as they do at school. Students are from Merrimack Valley and North Shore high schools. All the undercover students are 16 and 17 years old, as they appear to be borderline to pass for the legal age to sell tobacco. Each undercover student is assigned an identification(i.d.) number. For each tobacco sale check,Mr. Beauregard parks his vehicle in such a way to see the student go into store. All the pockets of the students are checked and emptied before starting the tobacco sales checks. The students do not carry an identification(i.d.). Once the sale is made,the violation form is immediately filled out. Affidavits are completed and signed by the undercover student indicating what amount of money they received in change. The major goal of fining for tobacco sales is education, and reinforcing the idea that selling tobacco items to minors is a serious issue. Once the establishment pays the fine,the only thing left, in the case of a second offense,is a seven-day suspension. Students get paid$8.00 per hour and generally work for two to three hours at a time. There is no vested interest on the part of the student to drum up any sales. The students do not have a vested interest in any personal gain from the sale of tobacco in any way, as the fine proceeds go directly to the general fund of the town where the sale took place. The Healthy Communities Program does not benefit from the sale of tobacco in any way, as the Boston office handles the money. The Board of Health gives Healthy Communities the authority to set the dates of suspension. In addition, it was discussed having a forum with Mr. Beauregard, and any interested parties regarding possible ways to further manage underage smoking. Case#1: North Andover Shell-a 16 year old female went into the premises on a Friday at 3:37 p.m., and presented a$10 bill to purchase cigarettes for$5.50. This February 26,2004 -North Andover Board of Health Meeting-Agenda Page I of 4 Board of Health Members:Cheryl Barczak,Clerk Jonathan Markey,Chairman; Thomas Trowbridge,DDS,MD,Member; Health Department Ltaff:Susan sawyer,Health Director; Brian I LaGrasse,Health Inspector;Debra Rillahan,Public Health Nurse; Pamela DelleChiaie,Health Department Assistant i undercover student,#37,was not asked her age or for an identification. This student did ten checks and had two (2) sales for the month,including this sale. This is the second violation in less than one year. The Town of North Andover Tobacco Regulations provide for a two- year window. The first violation was on February 16, 2003. Item number J.LB provides for a seven(7) day suspension on a second violation, and a$200 fine. A Motion was made by Ms. Barczak and seconded by Dr. Trowbridge to proceed with the suspension for seven consecutive business days at a date to be determined by Mr. Beauregard. Case#2: Sam's Mobil: a 17 year old female student entered into this establishment to purchase cigarettes. This student was not asked for her W. or her age. The student went into the establishment with$9.00. The cost of the cigarettes was $5.00. There is very limited parking at this establishment. This student did 11 tobacco checks in November, and this was the only sale. This is the second offense for this location. A motion was made and seconded to pay the fine and undergo a four day suspension. Variance request from Sal's Just Pizza—presentation by Mr. Sal Lupoli- seeking approval from the Board of Health for procedures related to storage and presentation of raw ingredients of a pizza at ambient temperature. A three-page request was submitted at the last meeting. Mr. Lupoli presented his case to request that pizza be out on display to serve to customers who purchase per slice. Mr. Lupoli has a professional technician who works to be sure that the food is at the proper temperature. A lab technician was hired to test all food products requesting that the variance was requested for. The test results were forwarded to Susan Sawyer,Public Health Director. The food products were tested over a one,two,three and four hour period. The variance requested is allowed through the state. Mr. Lupoli is asking for all his items, eggs, cheese meat, spinach, toppings, etc.to be approved with this variance. The general protocol is that the food temperature without a variance should be over 140 degrees, or under 41 degrees. Ms. Sawyer stopped by Sal's Just Pizza before the meeting. There are now boards in front of each tray to track the time each item is placed out for display. The items are removed within a certain time period if not sold. The meat, items and calzones, are made in Salem,NH facility, and shipped to the various locations. Mr. Markey and Dr. Trowbridge stated that the overall tracking system needs to be cleaned up a bit. Everyone in the shop needs to be made aware of the control procedures with the boards. Dr. Trowbridge states that this is a precedent setting variance. Ms. Sawyer states that the City of Boston has banned this type of variance completely, as there are too many establishments to track. Mr. Lupoli stated that he has terrific, long-standing employees. The general manager,Tina,has been with Sal's for 14 years, and she is a high quality person and manager. In addition, she is also a certified food handler. A Motion was made by Dr. Trowbridge to grant the "Time as a Public Health Control"variance as requested. Ms.Barczak seconded the motion. All were in favor. February 26,2004 -North Andover Board of Health Meeting-Agenda Page 2 of 4 Board of Health Members:Cheryl Barczak,Clerk; Jonathan Markey,Chairman; Thomas Trowbridge,DDS,MD,Member; Health Department Staff Susan Sawyer,Health Director; Brian LaCrasse,Health Inspector;Debra Rillahan,Public Health Nurse; Pamela DelleChiale,Health Department Assistant , I Old Business 78B Jefferson Street,Village Green–Housing Progress Update A continuance date is set with the housing court in the event there are any future problems with this housing issue. Pictures were shown of the improvement in the unit. Mr. LaGrasse will go in periodically(on a monthly basis) and inspect the premises. He met with the maid service, and they are scheduled to be there every week. 458 Johnson Street–Progress Update regarding Sewer Tie-In Mr. LaGrasse called Attorney Scalise twice over the past three weeks to follow up. No further progress has been made at this time. i Dan Ottenheimer of Mill River Consulting—presentation of revised Septic Regulations The draft version of the revised septic regulations will be presented at the March 25th Board of Health Meeting. Discussion and Correspondence A general discussion was held regarding the Health Department budget. Discussion ensued with the Board Members regarding the availability for a Greater Lawrence Sanitary District(GLSD) site visit on Saturday, April 3`d, or Saturday, April l Otn Those two dates conflict with school vacations and the Easter holiday. Therefore, Saturday, May 1St seemed to be an agreeable date for everyone to make the visit. Post note: The date of May 1, 2004 at 9:00 a.m. was confirmed with Ann Rader of GLSD. Transition from a three member Board of Health to a five member Board of Health A question was posed to the Board members as to how they feel about this issue. The petition to change the number of Board of Health members was filed by Selectwoman Rosemary Smedile. Dr. Trowbridge states that if it is written on the Town Warrant, it will not have a good reception. April Board of Health Meeting It was requested by the Board Members that the April meeting be changed from April 22°d to April 29th, as the original meeting is scheduled during school vacation. All were in favor of changing the meeting to April 29th. Memorandum dated December 30,2003 from Andy Brydges of CDM re: Monthly Refuse Storage Inspection at Wheelabrator–Memorandum was forwarded by Ray Santilli,Assistant Town Manager as an item of interest for the Health Department. Letter dated January 26,2004 from GLSD re: Monthly Sampling Results for December 2003 February 26,2004 -North Andover Board of Health Meeting-Agenda Page 3 of 4 Board of Health Members:Cheryl Barczak,Clerk; Jonathan Markey,Chairman; Thomas Trowbridge,DDS,MD,Member; Health Department Staff:Susan Sawyer,Health Director; Brian LaGrasse,Health Inspector;Debra Rillahan,Public Health Nurse; Pamela DelleChiaie,Health Department Assistant I j Letter dated January 29,2004 from GLSD re: the Semi-Annual update of all activities with regard to the Approval of Suitability (AOS) sludge pellets effective September 16, 2003. Letter dated January 30,2004 from Thomas J. Urbelis,Town Counsel re: SPECIAL LEGISLATION—VOTING IF NOT PRESENT filed by Senator Sue Tucker. It was discussed that the Board Members can only vote on an issue if it is verified in writing that all notes and minutes have been reviewed. If this is not verifiable,the Board cannot vote. Letter dated February 6,2004 from GLSD re: Approval of Suitability (AOS) sludge pellets through December 2003, Letter dated February 12,2004 from Wheelabrator re: Notice of Intent to begin the reduced dioxin/furan performance testing schedule. Letter dated February 17,2004 from Wheelabrator re: Tonnage Receipts for January 2004. Letters and memos from the Department of Agricultural Resources re: Bioterrorism and Animals and related workshops. Meeting Adjournment The Board of Health meeting was adjourned at 9:41 p.m. Respectfully Submitted, Cheryl czak, Cle North Andover Board of Health February 26,2004 -North Andover Board of Health Meeting-Agenda Page 4 of 4 Board of Health Members:Cheryl Barczak,Clerk; Jonathan Markey,Chairman; Thomas Trowbridge,DDS,MD,Member; Health Department Staff Susan Sawyer,Health Director; Brian LaGrasse,Health Inspector;Debra Rillahan,Public Health Nurse; Pamela DelleChiaie,Health Department Assistant