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HomeMy WebLinkAboutSept 2004 minutes 1 1 North Andover Board of Health MEETING MINUTES } DPW 384 Osgood Street Thursday—September 23, 2004 7:00 p.m. Call to Order Meeting was called to order at 7:00 p.m. Members Present Board of Health Members: Cheryl Barczak, Clerk; Thomas Trowbridge, DDS, MD, Member; Jonathan Markey, Chairman Health Department Staff: Susan Sawyer, Health Director; Pamela DelleChiaie, Health Department Assistant Public Hearin] I. Tobacco Hearing regarding establishment violations of the "Regulations Affecting Smoking in Certain Places and Youth Access to Tobacco." Four establishments will be present: CVS; J&M Convenience; Super Stop & Shop; and The Vineyard Restaurant, all of North Andover. Mr. Ron Beauregard of Healthy Communities was present to provide feedback as necessary on the tobacco sales violations at each restaurant. CVS 115 Main Street, North Andover — Third Violation — Subject to 30 day suspension and $300 fine Hearing notice was read aloud by Mr. Markey, Chairman. Steve Lagreca, Assistant Manager present. Mr. Lagreca states that there is a large employee turnover. Employees receive required training at their time of employment. The employee in question read the tobacco policy and knew it. However, this employee was purposely not asking for identifications, as he felt it was a bother. The employee also felt that he would bother the manager by paging him. He learned the bypass code on the register, and was able to make the sale that way at the time of the compliance check. The employee knew he broke the law after the incident, and never came back to work. This all happened in the employee's first week of employment Mr. Markey recommends the standard fine of $300, and a reduction to a 15-day consecutive suspension. If it happens again, it will be a third violation in this calendar year, and the penalty will include the full 30-day sales suspension. Ms. Barczak accepts September 23.2004 -North Andover Board of Health Meeting-Minutes Page I of 1 Board of Health Members:Cheryl Barczak,Clerk, Thomas Trowbridge,DDS,AID,Member;Jonathan Markey,Chairman Health Department Staff:'Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health Department Assistant I 1 the recommendation of Mr. Markey, and Dr. Trowbridge seconds. All were in favor. In addition, Mr. Markey recommends changing the register override code on a daily basis if possible. Mr. Lagreca states that this capability comes from the corporate office, and they cannot change it. J&M Convenience—701 Salem Street,North Andover Hearing notice was read aloud by Mr. Markey, Chairman. Mr. Matthew Xenakis, co-owner of the J&M store was present. He and his family also own the J&M Deli downtown on Main Street. The young lady who sold the cigarettes, is no longer with the store. This is a family-run business, and Mr. Xenakis brother, wife and son are there running the store on a regular basis. He states that they have always done a good job to keep the establishment clean, and have always had a good rapport with the Board of Health. The day of the incident was a matter of bad timing. Mr. Xenakis' brother, John Xenakis, had gone outside to try to quiet down some kids hanging around outside of the store. The person at the register felt that she could do a sale, and paid for it. Fifteen minutes later, a car plowed through their building and ruined a large supply of alcoholic beverages, so it was an overall bad day. They also recently let someone go who did not card. J&M tries very hard to maintain a good reputation within the community. They have been in the Town of North Andover for 26 years, run a very good business, and are very well lilted by the townspeople. They will make sure that these incidents never happen again. Mr. Markey states that he must abstain from voting, as he is a friend of Mike Xenakis. Ms. Barczak asks how many times per year Healthy Communities goes out to do compliance checks per establishment. Over a period of six compliance checks, there were two incidents at this establishment. Dr. Trowbridge makes a motion for the standard fine of$200. However, he states that he is reluctant to eliminate a suspension time. In lieu of that, he moves that the Board decree a three (3)-day suspension. Motion seconded by Ms. Barczak. All were in favor, Super Stop & Shop - 757 Turnpike Street,North Andover Hearing notice was read aloud by Mr. Markey, Chairman. Maria Diaz, Store Manager was present. Ms. Diaz has been the Store Manager for approximately a month and a half. She states that it is unfortunate that a month prior to her getting the position this incident occurred. All associates who are employed by Super Stop and Shop are required to sign store policies notifying them of the rules and regulations in the store, and to agree to the stipulations in compliance with the union guidelines. The store has every single associate sign a statement that they understand all policies. Ms. Diaz stated that it is made clear to new employees how important it is to card and get identification from customers who don't look over 18 years of age. Ms. Diaz presented signed sheets from all of the associates. The young lady in question was suspended. In addition to that their government agency had to be notified. Signs were posted regarding tobacco sales. The tobacco area was moved to limit the access of associates who sell tobacco. This is a test store, and the New Hampshire stores have it as well. This arrangement limits theft and the amount of people who have access to selling tobacco. Ms. Sawyer states that the Health Department received one call September 23 2004 -North Andover Board of Health Meeting-Minutes Page 2 of 2 Board of Health Members:Cheryl 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 i l about the visibility of the tobacco case being at the height of minors. However, this is a J locked, separate area, and is more likely to deter sales rather than increase sales. In addition, the business agent from the union was contacted by the employee after she was suspended. Dr. Trowbridge states that he appreciates the efforts of Ms. Diaz. Dr. Trowbridge J moves for the standard fine of $200 and a five (5) day suspension in light of management efforts to push for tobacco regulation compliance. Ms. Barczak seconded the motion. All were in favor. The Vineyard—554 Turnpike Street—North Andover Hearing notice was read aloud by Mr. Markey, Chairman. Bill Dwyer, President of Tuscan Market, Inc., which owns The Vineyard Restaurant was present. Mr. Dwyer states that at the time of the incident, it was due to a total breakdown on the individuals' part. This individual just went through a lifestyle change, and was under stress. She tendered her resignation after the incident, and will be leaving employment at The Vineyard by end of September. The tobacco room is under lock and key. Management is very much embarrassed by the whole incident. They would be open to sponsoring a program for more education. Mr. Markey asked if there is education at the High School level. Mr. Beauregard of Healthy Communities is an organization of one, so mass trainings would be difficult or near to impossible to undertake. Mr. Beauregard states that it is difficult to ask management to get more involved. It comes down to the individual and their follow-through. Tobacco violations are not an act of recklessness, rather, of negligence. It is a lapse of individual judgment. The Board of Health members were impressed with the memos and signatures of employees. Mr. Markey makes a motion fine the Vineyard for $200 and forego the suspension in light of their proactive changes to the system, such as modifying registers so that a code must be entered, as well as sending out a memo and copy of policies to all employees, and having them sign a statement stating that they will be fired if caught selling tobacco products to minors. This is the type of involvement that the Board of Health is looking for. Dr. Trowbridge seconded the motion. All were in favor. Dr. Trowbridge states that it is not the intention of the Board of Health for employees to be fired, but to halt violations. Mr. Dwyer states that from a management point of view, sometimes people do not understand the importance of a particular policy. Mr. Dwyer was notified that the Board is in the process of revising the regulations to fine the employee who conducts a sale and causes a tobacco violation. Mr. Dwyer states that no one wants to sell to underage patrons. Dr. Trowbridge states that the focus is on education. Mr. Dwyer states that sometimes training is not effective enough, and there needs to be something in the handbook. It is the position of the store, that this location is an upscale convenience market, which is why they choose to offer cigarettes for their customers' convenience. Mr. Beauregard states that there is now one less tobacco retailer in North Andover. Barnes and Noble at Merrimack College has decided to not sell tobacco. September 23 2004 -North Andover Board of Health Meeting-Minutes Page 3 of 3 Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,AID,Member;Jonathan Markey,Chairman Health Department Siaf:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health Department Assistant i i i Mr. Beauregard asks about procedures with regard to new regulations. Should he ascertain the name of the clerk at a failing compliance check? Sometimes the manager is not there. He will get documentation from the manager of proof of training, after the fact if necessary. 1 Based on Section J.2 of the tobacco regulations, he can issue a fine"not to exceed $50 to the employee who committed the tobacco sale violation if he has proof of compliance (proof of signed statement from employee)." He will also need the name and address of the violator. New Business i I. Meeting Minutes taken by Cheryl Barczak were at the August 19, 2004 Board of Health meeting were presented for signature. The minutes were approved. The July meeting minutes need to be signed at the October meeting. 11. 1615 Osgood Street - Presentation by Bergman and Associates regarding a request for a variance. Presented by Chris Distefano of Bergman & Associates. Ms. Sawyer states that this a long overdue fix. This site is located next to Jimmy's Pizza. To the left is the automotive shop and behind that shop is a house. This was a small parcel, which was separated into Lot 28 and Lot 44, and both now have failed septic systems, The previous Health Director recommended not renewing licenses at the automotive location. Follow-up on this property came about after the Health Department received a complaint from a tenant at the property who complained about the landlord shutting off the water, and it came to her attention. Both of the septic systems must be in the rear lot, as in the front area, there is no soil. A septic easement was created on both properties. Lot 28 - Bergman and Associates is asking for a setback for a drain line in lieu of having to excavate. The first proposal called for removing the drain line, but no one is sure what the line is. Would prefer to not excavate, as this is an really tight space. A decision was made to put in a 400 inch EPM water barrier at the suggestion of Susan. This will prevent leakage into the drain line, so that any effluent cannot leak in. A variance is needed to allow 13 feet instead of 20 feet. Ms. Barclay made a motion to allow a variance for 20 feet to 13 feet for leaching. Dr. Trowbridge seconded the motion. All in favor. Lot 44 —An EPM water barrier is requested for this lot as well. Mr. Markey asks if the owners understand the build out restrictions due to the offset distances. Mr. Markey has no problem putting in a barrier to protect the drain. Ms. Barczak made a motion to allow a variance for the groundwater offset to be changed from from 5 feet to 4feet. Dr. Trowbridge seconded the motion. All in favor. III. 100 Raleigh Tavern Lane - Local Bylaw Waiver request from Ben Osgood of New England Engineering: To allow a reduction in the offset distance between Member 23 2004 -North Andover Board of Health Meeting-Minutes Page 4 of 4 Board of Health Members:Cheryl 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 I I 1 the leach bed and wetlands from the required 100 feet to 32 feet. This subdivision was built about 1967. Mr. Osgood's father, Ben Osgood, Sr. was actually involved in building it. A FAST system was designed for pre- treatment. The water table offset is the required size. No other alternative is evident in terms of where to put the system. The system is now in front of the house, and measures 20 feet x 45 feet. The proposed system is 22 feet x 68 feet, and would be above the sill of house, and would not make the 20 foot offset. Mr. Markey states that a reclamation is being worked on to store effluent in tank, and fertilize lawns. In addition, new drip lines are now approved. Trees can pull the water table down by 2 inches overnight. Ms. Barczak made a motion to allow a reduction in the offset distance from 100 to 32 feet. Dr. Trowbridge seconded the motion. All in favor. IV. 69 Oakes Drive - Local Bylaw Waiver request from Ben Osgood of New England Engineering: To allow a reduction in the offset distance between the leach bed and wetlands from the required 100 feet to 53 feet. This is the same type of situation as above. The homeowner tore their house down and put in a new one. The property has wetlands, but was built in the era when developers filled in wetlands. There is now a ditch that drains the wetlands. Conservation has a 25 foot no cut and 50 foot no build. Ms. Barczak makes a motion to allow the offset distances from 100 feet to 53 feet. Dr. Trowbridge seconded the motion. All in favor. V. 43 Mill. Road — Request for approval of offset distance variances with regard to the movement of the wetland line. The plan is designed for a water table reduction with the FAST system. The homeowner did this to retain the nice landscaping in the yard. The design has been approved for use in the construction of a replacement onsite septic system. This approval was granted with the following variances to the North Andover Board of Health septic regulations: 1) A reduction in the offset distance between the leach bed and a wetland from 100 ft to 62 ft 2) A reduction in the offset distance between the pump chamber and a wetland from 75 feet to 56 feet 3) A reduction in the offset distance between the septic and a wetland from 75 feet to 65 feet 4) To allow the construction of a septic system to accommodate a 3 bedroom house. Ms. Barczak motioned to grant the three bedroom variance, as well as other offset distances as listed above. Dr. Trowbridge seconded the motion. All were in favor. September 23 2004 -North Andover Board of Health Meeting-Minutes Page 5 of 5 Board of Health Members:Cheryl 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 I t fl Old Business i 46 Elm Street—Progress update regarding housing issues presented by Ms. Rillahan. The homeowner did not go to jail. The threat worked in terms of cleaning of yard. Ms. Rillahan met with Lt. Martineau of the Fire Department. There are specific items to be cleared. We can take this property off the radar from now on. Ms. Sawyer will still follow-up, and the homeowner is seeking professional help. There will be a preliminary meeting for support group for hoarders. How to help people who won't accept help. One of the homeowner's sisters' offered $1,000 seed money to help get a group going. With regard to housing issues, pictures of the former Abbott Street property which has since been demolished, has been in the media with regard to debris that has been left on the now vacant lot. Some residents f claim that there are pipes on the property containing asbestos. Mr. Markey states that asbestos pipes have to be sanded to be hazardous. Ms. Sawyer states that the Health Department does not have the manpower to follow-up on these types of extraneous issues. Ms. Sawyer will send pictures about debris on the property. 458 Johnson Street—Progress update regarding sewer tie-in. Ms. Sawyer and Mr. Markey need to get together on this. Ms. Sawyer talked with Mr. Ottenheimer of Mill River Consulting about pursuing the Septic Loan Fund idea. In turn, Mr. Mackey needs to speak further with Tim Willett of the DPW. Camp Regulations—revisions signed by the Board of Health members. Tobacco Regulations are not worded correctly. Changes are to be made referencing the Mass General Laws. Michele Grant, newly hired Health Inspector attended the meeting and was introduced to everyone. Health Fair — scheduled for Saturday, October 23, 2004 Chief Dolan stated that his students will contact Ms. Rillahan to follow-up on what the Health Department can offer. The Health Fair should offer information about CPR, possibly Cholesterol screenings, Bone Scans, etc. The Lions usually attend every year as well. Discussion and Correspondence I. Memo from Thomas J. Urbelis, Town Counsel, dated August 26, 2004 re: Extra Judicial Comments. Board members commented that they periodically keep getting this same memo from Town Counsel as a constant reminder. II. Discussion regarding the Medical Reserve Corps meeting attended by Susan Sawyer and Tom Trowbridge on September 21, 2004 The outcome is that there is a need for a steering committee, consisting of one person from every community. One does not need to be in the medical profession to be on the team. Ms. Sawyer will report to Mr. Rees on what is going on. This coalition needs hundreds of September 23 2004 -North Andover Board of Health Heeling-Afinutes Page 6 of 6 Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,HD,Member;Jonathan Harkey,Chairman Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health Department Assistant I I 1 volunteers. Dr. Trowbridge asked if Ms. Sawyer spoke with Barry Sullivan at the Fire Station today. There is a wide spectrum of items to be addressed. They are looking for about 3,500 people to be volunteers. The Steering Committee still needs to flush out goals and make things more concrete. We currently have a medical list of doctors and nurses for j i emergency management. Mr. Markey and Cheryl Barczak stated that Ms. Sawyer should ask Town Counsel about advice regarding the recent Pleasant Street complaint. The Health Department received environmental notification from the State regarding TBI. The site assignment decision has been distributed to the various departments. It is coming our way. Dr. Trowbridge can get access to osteoporosis screening equipment. Barry Sullivan will provide the CPR training. Dr. Trowbridge will call Barry Sullivan to coordinate this next i week. t Letter dated August 23, 2004 from GLSD re: AOS (Approval of Suitability) sludge pellets effective September 16, 2003. This report is submitted for the month of July, 2004. Meeting Adjournment The meeting was adjourned at 9:45 p.m. Respectfully submitted, Cheryl B ° zak, Clerk Board of Health September 23 2004 -North Andover Board of Health Alleeting-Minutes Page 7 of 7 Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,MID,hfember;Jonathan Markey,Chairman Health Department Staff.-Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health Department Assistant