HomeMy WebLinkAboutJuly 2004 Minutes l
North Andover Board of Health ( I
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MEETING MINUTES
DPW
384 Osgood Street
Thursday—JULY 22,2004
7:00 p.m.
Call to Order
The Board of Health meeting was called to order at 7:15 p.m.by Jonathan Markey,
Chairman of the Board.
Members & Staff Present
Susan Sawyer, Public Health Director; Debra Rillahan,Public Health Nurse; Pamela
DelleChiaie, Health.Department Assistant; Jonathan Markey, Chairman; Cheryl Barczak,
Clerk; Thomas Trowbridge, Member.
Hearing
CVS—350 Winthrop Avenue, North Andover,MA—Tobacco Hearing Presented by
Ron Beauregard of Tobacco Health Communities
For this particular compliance check, a 16-year-old female requested a purchase of
cigarettes. Mr. Beauregard had the actual pack of cigarettes in his possession. CVS
management was very cooperative and understanding, as reasonable minds understand that
this is an important health issue for the general public and to the Board of Health, and the
operation was not done in a malicious manner. Any penalty imposed shows it is important
with regard to the policy if Tobacco Control.
This is the second violation. The first violation took place on January 23, 2003. Based on
the Tobacco Regulations of section J.l.b., for a second violation within 24 months, the
suspension of the license shall be for a seven-day period at the discretion of Healthy
Communities, and a fine of$200 shall be paid. The manager of the CVS indicated that the
register is setup so that the register will prompt the sales clerk to ask for identification. The
girl that did sell the tobacco was very upset, due to the ramifications of what could happen.
CVS does not anticipate any other issues with Tobacco. The sale was not intentional, and
was a true mistake. Ms. Barczak asked if there was training for staff after the first violation.
Management explained that there was a staff turnover, due to college kids going back to
school, etc. All new people hired to work for CVS go through an orientation that includes
training on Tobacco Regulations. Mr. Markey commented that the register prompt is an
excellent idea. Management explained that the tobacco product UPC code is scanned into
the register, and the system prompts for a birthdate.
July 22,2004 -North Andover Board of Health Meeting—Alleeting Minutes Page C of 2
Board of Health Members:Cheryl Barczak, Clerk; Thmnas Trowbridge,DDS,MD,Member;Jonathan Markey, Chairman
Health Department Staff'Susan Saxyer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health
Department Assistant
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Dr. Trowbridge made a motion to issue a fine for the second violation and the seven-
day suspension of tobacco sales. Ms.Barczak seconded the motion. Board members
stated that the regulations need to be followed, and cannot allow any leniency despite
any mistakes that were made. CVS and Healthy Communities will set the formal date
of the suspension. x
Discussion ensued over the new State Regulations regarding work place tobacco use. In
other towns Mr. Beauregard has had a lot of questions from establishments regarding use of
screened in areas. If it is a screened in area, it is not a fenestration to the establishment. The
wall is usually two to three feet high, and the rest is screened. The Department of Public
Health will likely promulgate the regulations in the future to qualify this loophole, as some
establishments have tried to take advantage of it with an almost standard high wall and a
very small section at the top that is screened in. The exact height needs to be determined.
Private Clubs can allow smoking if there is indeed a separate enclosed room not accessible
to the public. If a private club is loose on the rules, then people can complain to the license
board of each community. A"Smoking Club"requires a permit from the State Department
of Revenue. The vast majority of establishments are doing well with the new regulations.
All establishments were given 81/2 x 11 labels to post in their facility that state an 800 #to
call if there are any smoking violations. Mr. Markey inquired about private rooms in private
clubs open to members only, and if a separate ventilation system is required. Mr.
Beauregard stated that separate ventilation is not required for a private room. Many of the
Knights of Columbus and VFW organizations are already setup to have a separate room or
have a finished basement area for private meetings, and rent out another room or rooms for
private functions for the public. If a D.J. or bartender is hired to work in a private club, then
that area must remain smoke free.
New Business
Meeting Minutes Approval of May 27,2004 and June 24, 2004 Board of Health
presented for signature.
The minutes were signed by Cheryl Barczak, Clerk. Copies were distributed to the Board
Members.
Presentation by Walter Montgomery of the Northeast Massachusetts Mosquito Control
and Wetlands Management District regarding the Mosquito Control Plan for North
Andover.
Mr. Montgomery was present at the meeting at the request of the Health Department to
answer questions about the Best Management Plan for Mosquitoes, which was implemented
in the year 2000. Mr. Montgomery explained about the types of traps used to acquire
mosquitoes. The Adult Mosquito Surveillance Program consists of a Co2 modified light
trap and gravid trap into one automated unit. Light traps are used to sample the general
adult mosquito population, determine dominant species and population density. These are
set to a timer and a fan brings the mosquitoes into a collection chamber.
July 22,2004 -North Andover Board of Health Meeting—Meeting Minutes Page 2 of 2
Board of Health Members:Che)yl Barczak, Clerk, Thomas Trowbridge,DDS,MD,Member;Jonathan Markey,Chairman
Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health
Department Assistant
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Gravid traps are designed to collect adult female Culex pipiens, the primary vector of the
West Nile Virus. A percentage of the specimens from the gravid trap collections are sent to
the Department of Public Health to be tested for the presence of encephalitis viruses,
including WNV. These types of mosquitoes lay their eggs in highly organic polluted water.
A device sits over top with a fan and the mosquito lays eggs on the surface of water, and the
fan brings them into a chamber. Mosquito Control collects these mosquitoes twice per week
and then send to the DPH. On Tuesdays, and Wednesdays, Mosquito Control does the
testing themselves. Robin Januszewski, a technician specialist comes to the Town of North
Andover once per week to check the retention bases of industrial park areas, etc.
Mosquito Control has the attitude that they want to extend a helping hand, and work with
communities rather than become a regulator. Ms. Rillahan asks about West Nile Virus in
this area. To date, none has been indicated. Last year,North Andover was an epicenter of
the virus in birds,however no mosquitoes with West Nile were found. Ms. Sawyer states
that there appears to be a cycle with regard to mosquito populations. Mr. Montgomery
states that there is a higher degree of WNV in drought years. This is because most mosquito
species depend on lots of water. In Dry times, all other mosquito species dissipate and go
away,however.the Culex pipiens like the catch basin areas and will out-compete for those
spaces. The Culex species are the primary virus carrier. The State of Arizona is now having
a huge outbreak of WNV. There are presently 100 serious cases of this. The state has a lot
of catch basins and retention areas. Dr. Trowbridge states that the environment can select
out for the pathonogenic mosquitoes. Species of mosquitoes have very specific breeding
habitats. Mr. Montgomery stated that some mosquito's even breed exclusively in rubber
tires. The other viruses, such as Rillahan asks about heartworm mosquitoesh Mr. problem
here. As an aside question, Ms. R M
Montgomery states that those who treat animals with the proper medications should not have
a problem. As a final comment,Mr. Montgomery says the West Nile virus stays in an area
because of the following Most species hatch in the spring from eggs. In the wintertime, the
Culex pipiens will go down in pipes and catch basins, cellars, near sump pumps, or sit on the
side of a wall for nine months and emerge in the spring. They already have virus, so the
virus continues the cycle.
The surveillance,virus testing, and inspectional services are now half done. The other
services not provided are ditch maintenance work or truck spraying. Ms. Sawyer asks how
many communities do selective spraying. There are 10 out of 26 communities that allow
for mostly selective spraying. The trend now is to spray as opposed to not spraying. The
Town of Rowley agreed to truck spraying at their town meeting. Newburyport voted to do
selective truck spraying. These ways of thinking go in a cycle. To alter this kind of
management plan, it is up to the individual Town as to how to handle it. Ms. Rillahan asks
about the effects of spraying vs. not spraying. All sprayers are GPS equipped. The system
tells the truck when to spray or not. There is no drift liability with mosquito control. The
target area is a column area 30 feet high. Mr. Montgomery states that he prefers selective
spraying—residents who choose to take that part of the service. Dr. Trowbridge asked how
effective selective spraying is. Humidity is good when spraying is taking place as the spray
spreads out slowly. The best way is to blanket spray the entire town. Byfreld and Newbury
July 22,2004 -North Andover Board of Health Meeting—Meeting Minutes
Page 3 of 3
Board of Health Members:Cheryl Barczak, Clerk; Thomas Trowbridge,DDS,MD,Member;Jonathan Markey, Chairman
Health Department Sta/li Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Pmnela DelleChiaie,Health
Department Assistant
do town spraying. Ms. Sawyer stated that Amesbury chose to do selective spraying. Mr.
Montgomery gets 40 calls a day from Newbury requesting services.
Ms. Barczak asks if mosquito magnets work. Mr. Montgomery states that mosquitoes are
attracted to Carbon Dioxide. The magnets will attract all the mosquitoes in the immediate
area,but are also attracted to trace elements present on human beings,which may invite
biting. Ms. Barczak stated that she noticed a significant difference in the mosquito
population using this device in her yard. It has been largely reduced.
Mr. Montgomery states that so much of what Mosquito Control does is subjective. North
Andover chose to not do town-wide spraying. Currently,there is no reason why anyone
should have a concern with the risk of the chemicals used to spray. There are fringe element
studies that are agenda driven against spraying that are not based on science. Florida does
massive amounts of spraying from airplanes, and there are no proven incidences of higher
death rates, etc. It is interesting that organic gardeners grow only 10-20 % of their crops as
organic, and sell if for twice the price. He states that, nobody dies from pesticide exposure,
but people can die from natural fertilizer, consisting of animal waste, which is full or
bacteria, such as e-coli or possibly other diseases.
Mr. Montgomery states that what he teaches his crew is that they provide public service
first, and mosquito control second. Mosquito Control provides a measure of relief.
However, the mosquito populations now worse in towns that they have managed
historically. Ironically, it seems the nuisance of mosquitoes has actually increased. This is
the nuisance mosquitoes only because the West Nile focus has taken the treatment of the
swamps and wetlands away and focused it on the breeding areas of the virus carrying culex
pipiens.
A motion was made by Dr. Trowbridge to provide for"Selective Adulticiding", and to
have page three of the BMP (Best Management Plan) for North Andover revised by
Northeast Massachusetts Mosquito Control and Wetlands Management District. Ms.
Barczak seconded the motion. This option will now be available and coordinated
through the Town of North Andover Board of Health.
A question was raised about the effectiveness of having bat boxes to keep the mosquito
population down. Mr. Montgomery states that there are large areas of salt marsh that have
an extremely aggressive species of mosquito. New Jersey has a statutory requirement to
spray all salt marshes. The coast area has a lot of bats during the day in the salt marshes.
People need to be very careful around bats. As an example, Camp Lesley in Georgetown
put up bat boxes, and the bat fecal count was so high,they had to condemn the camp.
People can get rabies from breathing this matter in. Bats are basically blind, and fly through
the air with their mouths open, to catch food, not just mosquitoes.
19 Stonington Street—Housing Follow-Up
If the tenants get an order to stay, the Board of Health needs to hold the property owners to a
time schedule in terms of completing any remaining items in the order letters. If necessary,
July 22,2004 -North Andover Board of Health Meeting—Meeting Minutes Page 4 of 4
Board of Health Members:Cheryl Barczak, Clerk; 77iornas Trowbridge,DDS,MD,Member;Jonathan Markey, Chairman
Health Department Staff:Susan Satityer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health
Department Assistant
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letter could o out stating that the owners are in violation of their order letter because the l
renter refuses to remove their personal items from the outside porch area. Mr. Markey states
that the Housing Court will state what they need to do, and what will be necessary to
comply.
Old Business
46 Elm.Street—Progress Update regarding housing issues presented by Ms.Rillahan.excess items
The homeowner received a deadline een made by July 15 nor the homeowner can be sent before the
removed. If progress has not b Y
judge at housing court.
Notation: dumpster is being removed from property on Wednesday, July 19th
Ms. Sawyer sent Ms. Rillahan to check up on the property. Ms. Rillahan stated that she was
planning to check the site on Wednesday at 4:30 p.m. However,he called at 7:30 a.m. and
stated that he was working all day. As of today, July 22°d, the dumpster was full and
removed. Homeowner has six weeks, or by Aug. 26th to clean the inside and outside of
house. Ms. Rillahan has to check on the progress of the cleaning one time per week until
this deadline. The doors and windows will need to be clear. Dr. Trowbridge asked if the
Fire Department would go to the property within a couple of weeks to be sure the house is as
cleaned out as it should be. There are two floors of stuff to get rid of. Mr. Markey advised
the health staff to acquire the help of young people through Rick Gorman of Youth Services.
Ms. Sawyer states that for any issues of privacy, Lazarus House, or some other organizations
might be better, as it is less likely they would know the homeowner.
Post Note: Ms. Rillahan went to the property on Thursday,July 29,2004 to inspect.
There is no further progress. The dumpster is empty. The driveway and garage are
still full. Items are starting to pile up on the side porch again. Will meet next week
with Susan Sawyer. Ms.Rillahan encouraged homeowner to work on garage in order
to move items in the driveway in.
458 Johnson Street—Progress Update regarding Sewer Tie-In. Ms. Sawyer will
provide updates, Note: The Board come before the Board of Health in August,whether the homeowner should and
provide some steps for them on what they need to do.
Ms. Sawyer attempted to call Attorney Dom Scalise,but did not get through. Mr. Markey
ection fee. Mr. Xenakis
spoke with selectman Jim Xenakis about waiving the sewer conn
stated that the Board of Health should make an appeal to the Board of Selectmen stating that
this couple really needs to have the fee waived, as they cannot afford it, and that the current
situations is posing to be a threat to public health. In addition, as they are elderly and on a
fixed income, he was sure those facts would play a role in their decision. Mr. Markey does
not believe the selectman have ever waived a fee for sewer connection, as this has been
approached before. Dan Ottenheimer is preparing a written document that would be a
program that could be used in these types of situations. Ms. Sawyer will follow up with the
progress of this. Mr. Markey states that the other issue is the rental unit that is not up to
code, as there is no second means of egress. The unit is not being rented currently. Mr.
July 22,2004 -North Andover Board of Health Meeting—Meeting Minutes
Page 5 of 5
Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,MD,Member;Jonathan Markey,Chairman
Health De.ai9ment Staff.-Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health
Department Assistant
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Markey would like to see the homeowner be able to rent out this unit if he has another
means of egress. However, the homeowners do not have enough money to do this either.
Dr. Trowbridge states that the homeowners should come to a board meeting to make them
aware of the progress, and what steps should be happening. Mr. Markey will compose a list
of materials. Ms. Sawyer states that we already have an estimate from Giard. If Mr.
Markey gets the supplies,he can arrange to have the area trenched, free of charge. Ms.
Sawyer and Mr. Markey will stop trying to get some form currently don a tax , an deferral, and
some contractors together and do it. The homeowner
when he sells the home or passes away, the money from the sale of the house will go to pay
for taxes. Mr. Markey states that people will come in for a half a day. The homeowner
created his own septic system out of cinder blocks many years ago. Ms. Sawyer suggests
that she and Mr. Markey coordinate this as a volunteer project. Mr. Markey will see if the
area is stubbed for sewer, and will go from there.
Forest Street—Lots A& C
Ms. Sawyer states that there is a septic issue with the above properties. There are twom
houses going up. Both are nearing completion. Mr. Ryan Scott took the septic installers test
and failed. He coordinated with George Henderson,d not b issued septic
due to installer to pull permits.
The permit applications were applied for, b
paperwork. We are missing to scale Foundation As Builts on both lots, as well as proof that
the house at 781 Forest Street next door is tied into water and that the well was abandoned,
but not issued permits. Ms. Sawyer called Dan Ottenheimer of Mill River Consultants to
setup a meeting about the situation. A letter will be issued to the owner of the properties
stating the situation and course of action.
Mr.Markey states that the pipes need to come out, and take the stone out. The sand
should be taken out of the hole, and stockpile 2/3 of it. However, anything in the
bottom of the hole is no good. All the soil should be placed around the hole. To test the
stone for the tank, a contractor should dig next to tank on all 4 sides to the seam, and
about 2 % feet down, put an auger next to the tank, and you will know if you hit stone.
Using this method is being ultra accommodating. We could just decide not to use any
of the materials. Ms. Sawyer will follow up on these issues.
Discussion and Correspondence
August Meeting
Ms.Barczak requests to change the date of the August meeting, as she cannot attend
on August 26th. This will be discussed at the July meeting to confirm.
All members agreed to change the next Board of Health meeting to August 19th. The Health
Assistant will be on vacation that week. It was decided that the meeting would be tape
recorded for purposes of transcribing the minutes.
July 22,2004 -North Andover Board of Health Meeting—Meeting Minutes
Page<of 6
Board of Health Members:Cheryl Barczak, Clerk; Thomas Trowbridge,DDS,MD,Member;Jonathan Markey, Chairman
Health Department Staal Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse:Pamela DelleChiaie,Health
Department Assistant
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Heartsafe Communities—discussion on the role of the Health Department in offering
this program.
Dr. Trowbridge asked Ms. Sawyer if she spoke internally fellow town workers. Ms. Sawyer
met with Chief Dolan and Barry Sullivan. They are requesting volunteers to train how to
perform CPR, as there are not enough trained people in town. Mr. Sullivan teaches the
classes. There may be a cost to buy the book. They also need certified instructors to teach
other lay people. Mr. Markey states that he needs to learn basic CPR. The goal is promote
health, and they are looking for various places in town where there would be a lot of people,
such as restaurants, and to have an instructor go in and teach their group of employees how
to perform CPR. The Fire Department would like to do this on a broader basis for more
exposure. This will help the Fire Department, as they cannot always get to a site as quickly
enough to save someone. The people trained would need to be exposed to a basic level of
CPR to buy time until the Fire Department and paramedics can get there. The Board of
Health as the most commitment in their perspective. Ms. Rillahan prefers training during
the day, not at night, perhaps before the lunch hour with regard to restaurants, such as —
maybe just before lunch at 10:00 a.m. or 11:00 a.m. Ms. Barcak agrees with this also. To
be a trainer, CPR certification, and CPR training is required. It is a six-hour course. Mr.
Markey inquired about the six-hour course. The basic CPR comes in various levels. Basic
training is two one half hours. The next level is training to train other people to give basic
CPR, i.e., employees at the 99 Restaurant, etc. Ms. Rillahan stated that she went around
asking who was certified for CPR. There are four instructors in the Fire Department. They
also asked the school janitors in the high school to participate. Dr. Trowbridge, Mr. Markey
and Ms. Sawyer need basic training. Ms. Rillahan needs to be re-certified. Ms. Barczak is
interested in becoming a trainer. Dr. Trowbridge states that the next level of training would
be using defibrillators. On of the manufacturer's of the device who is a V.P. lives in North
Andover. The Fire and Police departments have the First Access Life Pack machines. The
Zole Machine is easier per Ms. Barczak. The Fire Department would like to have Medical
Dispatch training. This is where someone calls 911, and the dispatcher can talk them
through a medical intervention procedure before the paramedics arrive. For the past three or
four years, the Fire Chief has put money aside in the budget,but this line item keeps getting
cut out. This training costs approximately $3,000. Dr. Trowbridge will speak with Mr.
Sullivan of the Fire Department and let Mr. Markey know about the schedule. The staff is
leaner during the summer months due to vacation. Mr. Markey wants to be put in for the
fall training.
Rabies Follow-Up—Issue stemming from Rabies exposure from a raccoon at 95 Lacey
Street
Ms. Sawyer states that if quarantining wild animals,we need to confirm from the state what
exactly is involved. On the advice from Mike Cahill of the Department of Public Health, it
was recommended to the property owner that she hire an exterminator to eradicate any
affected wildlife around the property.
Influenza Vaccine Availability—Information from the Department of Public Health
The final amount of influenza vaccine that Massachusetts Department of Public Health
(MDPH) will be able to purchase and distribute for the 2004-05 influenza season may not be
July 22,2004 -North Andover Board of Health Meeting—Meeting Minutes Page 7 of 7
Board of Health Members:Cheryl Barczak, Clerk Thomas Trowbridge,DDS,MD,Memher;Jonathan Markey,Chairman
Health Department Staff.'Susan Satityer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health
Department Assistant
known until August 2004. In addition, the Advisory Committee on Immunization Practices
(ACIP)has recommended influenza vaccination for all children 6-23 months of age.
Therefore, MDPH is encouraging all health care providers not to rely only on state-supplied
influenza vaccine,but to plan now to purchase vaccine for the 2004-2005 influenza seasons.
MDPH purchases influenza vaccine on an annual basis and prioritizes its distribution to
those at highest risk of influenza and its associated complications. State-supplied vaccine is
primarily distributed to local municipalities for use at public flu clinics where the vaccine is
offered to high-risk individuals who may not otherwise have access to vaccine.
Meeting Adjournment
The meeting was closed at 9:40 p.m.
Respectfully Submitted,
Cheryl Barczak, Clerk
North Andover Board of health
July 22,2004 -North Andover Board of Health Meeting—Meeting Minutes Page 8 of 8
Board of Health Members:Cheryl Barczak, Clerk Thomas Trowbridge,DDS,MD,Member;Jonathan Markey,Chairman
Health Department Aaff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health
Department Assistant