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HomeMy WebLinkAboutApril 2004 Minutes f I North Andover Board of Health MEETING MINUTES DPW 384 Osgood Street Thursday—April 29, 2004 7:00 p.m. Public Hearin Public Hearing: North Andover Shell RE: Tobacco Hearing—Suspension of Tobacco Sales Permit Ron Beauregard of Healthy Communities Tobacco Program presented data providing facts concerning a sale of tobacco to a minor at North Andover Shell, 980 Osgood Street on March 29, 2004. He explained that this sale is a violation of Section D.1. Of the Town of North Andover Board of Health's "Regulations Affecting Smoking in Certain Places and Youth Access to Tobacco." This sale represents this establishment's third violation (the first violation had occurred on February 16, 2003 and the second violation occurred on November 14, 2003). The North Andover Board of Health, after reviewing the evidence presented by Mr. Beauregard, decided, pursuant to Section J.l.c., to suspend North Andover Shell's tobacco sales permit for thirty (30) consecutive business days. The Board instructed Mr. Beauregard to contact North Andover Shell to determine the date upon which the suspension would start. Alternative Penalties for Tobacco Sales to Minors Mr. Samuel Ameen, Jr. and Samuel Ameen, Sr. were present to express their desire to implement local laws that would, in addition to fining the establishment,penalize the individual clerk who makes a sale of tobacco products to a minor. They asked the Board to consider requiring a clerk to serve some type of community service for making an illegal sale. There was discussion of using both a carrot and stick approach to enforcement and Mr. Beauregard provided a letter used by Methuen, which is delivered after each compliance check. This letter congratulates an establishment that refuses to make a tobacco sale after a compliance check. Mr. Markey replied that he would need to think about the issues and will go to legal counsel to see if we can talk to other towns and get reciprocity for actions of youth who live in their towns. Mr. Beauregard questioned whether the Ameens were assuming most illegal sales of tobacco are made by youth. He said he would look over his data and determine the age groups of clerks that have made past illegal sales in North Andover. April 29,2004 -North Andover Board of Health Meeting-Agenda Page 1 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 Riflahctn,Public Health Nurse; Pamela DelleChiaie,Health Department Assistant I I New Business Meeting Minutes Approval of March 25, 2004 Board of Health Meeting presented for signature. Mr. Markey stated that he has not fully reviewed the minutes, and would like to hold off on signing them until the next meeting. 114 Marian Drive—Septic repair, request for local upgrade—reduction to ground water from 4' to 3' Surveying Greg Saab from Engineering & Services and the homeowner were present. Ms. Sawyer states that this situation does not meet the usual waiver or Local Upgrade Approval (LUA) requests. This whole process took so long to get getting going,because it took a long time to get an appointment for a soil test back in spring of 2003. The soil tests took place on July 7t`'aoos The new homeowner has owned the property for 10 months, and is discouraged by how long the process is taking. The plan requires that the elevation of the front yard would be raised by one foot. The plan calls for the tank to be 17 feet from the house. Mr. Markey states that 3.5 feet would be better than 4 feet. The invert could be raised another 3/10ths, and then only be going for the 3.5. Or, look at possibility of giving a 3-foot groundwater offset, and putting the tank in the back. A pump could be placed where the tank is now, and a pump to the system would be another:option. Ms. Sawyer inquired if the waterline is accurate. The response was that the waterline was indeed marked. Mr. Saab states that he could lift it 3/10ths. For the cost of the plumber, Mr. Markey states that the pump, alarms and box, would probably run about$500. An additional tank would be an additional fee. Mr. Markey states that the pump will give the groundwater an offset. It is pressure dosed, not pressure distribution. There would be a need to check to be sure it is hydraulically sound. The failed components would need to be replaced. The tank needs to be up to code with tees and make sure another 1000 pump chamber is on back, and that it is pumping to the distribution box (d-box). This is because, even with the infiltrator, progressive failure can occur from beginning to end of the trench. With pressure distribution, it will dose almost the whole thing, and the system is working all the time. The groundwater offset is okay when pumped. It is still an LUA variance. Given the three feet, it was decided to allow the other modification. Mr. Saab will show the tank on the plan. Ms. Sawyer will send out the approval letter. Mr.Markey approves the 3 foot variance as long as the pumping is to the distribution box. Dr. Trowbridge seconds the motion. All were in favor. Old Business 458 Johnson Street—Progress Update regarding Sewer Tie-In Ms. Sawyer does not have any updates on this case. Ms. Rillahan was told they should hire a private attorney. Someone can donate supplies, such as pipe, and stone and take a credit, but cannot donate profit on the value of the service. The donator would end up getting taxed on money that was not actually made. The lawyer for the Rotary Club said he wants to pursue this issue, such as 10 contractors donating a set amount of supplies, and services. A question was raised as to whether the selectmen give them an abatement on the tie-in fee. April 29,2004 -North Andover Board of Health Meeting-Agenda Page 2 of 4 Board of Health Members:Cheryl Barczak,Clerk; Jonathan Matkey,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 The septic construction would be very expensive, as the building outlet is in the back and lower. There needs to be a pump tank and come around in front. The Rotary Club would like to look into a long-term plan to handle these types of situations, so as to not just address one property at a time. Mr. Markey suggested writing a letter to the Selectmen asking if the Selectmen would be willing to abate the Sewer Connection Fee due to financial hardship. 1 Discussion and Correspondence A discussion was led by Dr. Trowbridge regarding Article 29 on the Town of North Andover Warrant to change the Board of Health from three to five members. Cities are required to have a Physician on the Board, but Towns are not. However, Towns must have a Town Physician in some capacity. Dr. Trowbridge stated that this might create more chiefs than Indians. Ms. Sawyer sees this as benefit, as she would ask the five member board to help her with research. Ms. Kulash, a private citizen stated that town officials appear to be playing games with the Board of Health, such as getting rid of Dr. MacMillan and now being motivated to add two new members. Ms. Kulash thinks that additional members should be added after Holt Road issues have been resolved. This Board is making a critical decision on this debate. Dr. Trowbridge posed two questions: 1. Are five members better than three? 2. When would five members be better than three? Dr. Trowbridge wanted to know that if the question is raised at town meeting, is the Board of Health favorable to it or not? Ms. Kulash states that if the Board of Health does not say something, the warrant changing the members from three to five will go through. Mr. Markey would like to see additional members on the Board of Health, such as an Environmental Engineer, and be able to call another member to discuss agenda items and ideas, and to help with research. All the Board of Health can say is that we will accept the article, unless there are amendments that look even better. Dr. Trowbridge thinks that the Board of Health should state its' support of accepting the article to expand from three to five members. Letter from Wheelabrator dated March 8, 2004 (received April 8, 2004) regarding a summary of start-ups and shut downs for the First Quarter of 2004. Letter from Wheelabrator:dated March 23, 2004 (received April 6, 2004) regarding Tonnage Receipts for February 2004. Letter from Wheelabrator dated April 8, 2004 regarding Tonnage Receipts for March 2004. Letter from Wheelabrator dated April 16, 2004 regarding Quarterly Emissions Report. Letter from Thomas J. Urbelis, Town Counsel dated April 12, 2004 regarding the opinion of the District Attorney of how Electronic Mail and Open Meeting Law coincide. Meeting Adiournment: The meeting was adjourned at 9:26 p.m. April 29,2004 -North Andover Board of Health Meeting-Agenda Page 3 of 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 Rillahalt,Public Health Nurse; Pamela DelleChiaie,Health Department Assistant I Respectfully Submitted, 4Cheryl B ' zak, Clerk North An 01 Board of ealth April 29,2004 -North Andover Board of Health Meeting-Agenda Page 4 of 4 Board of Health Members:Cheryl Barczak, Clerk; Jonathan Markey,Chairman; Thomas D-owbridge,DDS,MD,Member; Health Department Staff:Susan Smvyer,Health Director; Brian LaGrasse,Health Inspector;Debra Rillahan,Public Health Nurse; Pamela DelleChiaie,Health Department Assistant