HomeMy WebLinkAbout2003 July Aug Sept BOH Minutes f
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North Andover Board of Health
Meeting Minutes
Thursday—July 17, 2003
7:00 p.m.
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DPW '
G 384 OSGOOD STREET
North Andover, MA 01845
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New$usiness
k was voted in as Chairman,and Cheryl Barczak as Vice Chairman,Clerk.
—john Mar
Re-organizatron vote 7 Markey
Motion made and seconded by Mr.Markey and Ms.Barczak,respectively.
Meeting Minutes Approval—The Board of Health Meeting Minutes of June 19,2003 were approved and
signed by Ms.Barczak.
Lots 2 3 Forest Street-Extension -presented by Hancock Engineering(Charlie Ogden)
Mr.Scott Roth was present to represent Mr.Ogden. It was discussed that no presentation was needed,as at the
last meeting,Ms. Starr agreed to walk the lot to be sure the soil has not been disturbed. Ms. Starr will try and
walk the lot within the
next two weeks. She will send a letter to Hancock Engineering on her findings.
1 hot 9 Windki t Farm Road—request for extension of soil tests. To be presented by John Hargreaves. Mr.
Hargreaves was not present at the meeting,and no further action was taken at this time.
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Old Business
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u Updates on 383 Abbott Street—review of Order Letter dated June 20,2003,and updates as well as relate
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correspondence, resented by Brian LaGrasse. tear
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p 'p has made very dramatic progress. Mr.Averka has opted to
repo that Mr.
Averka rY
Hyatt e
Attorney Wilbur y p
ills house down. A copy of a proposal from Kidder Building&'Wrecking,Inc.out of Plaistow NH was
presented for the Board's review. The proposal was for a sum of$7,950.00 and was signed by Mr. Averka on
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July 16,2003. Mrs. Averka is also a client of Mr.Hyatt's. Mrs.Averka has a geriatric nurse,Frances
Belanger. Attorney Hyatt asked nurse if she thought the house is unsafe,and requested that the nurse prepare a l�
letter for distribution at the meeting. Mrs. Averka was out of the house for a short time,but was completely
disoriented,and it was felt that she had to move back into the house. The letter states that:
"I am a Registered Nurse and have worked in gernatrics for 33 years. I am writing this letter on behalf ofMrs.
Faye Averka. I feel it would be in her(Mrs.Averka's)best interest to live in the house she is presently residing
in at 383 Abbott Street,North Andover, while a new borne is being constructed on the property. At this point, �f
size is allowed to stay where she is,construction of her new home could start immediately,and expedite her move
abode. It is a docimtented fact
or an interim into a more appropriate setting. Tuns-would not be wasted looking for
1 % that the elderly do not thrive well when they are moved too often front one place to another A few more weeks in
her money that she needs to live on,and most
` herpresent home will not harm her. She could preserves some o f
% important castle her far less ernvtional trauma. Your granting this variance would be a very kind and sensible
thing to do." Sincerely,Frances Belanger.
Mr.Kimmick,a real estate developer,has gone with Mr. Averka to modular home companies to see what type
If modular home they could get. Mr. Averka is obtaining signatures for the necessary permits. Mr.LaGrasse
A� signed off on permit this evening. Attorney Hyatt does not believe there is any imminent danger to the
j rka's or other residents. Attorney Hyatt hopes to have the demolition complete and the modular home up
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by the end of the summer. It takes planning and research to get the best possible prices and contractors for the
JQb. Mr.Markey asked about the sewer tie-in. Mr.Averka spoke with Mr.Dave Maynard,contractor but he is
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t tt+lY17,2003 North Andover�BoardofHealth Meeting-Agenda
Page 1 of 4
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Gi '�---�IealfhMerabers:CheryZBarczak;Jonathan Markey;Board ofHealih Sfaiii Sandra Starr,Health Director,
aGrasse,Health Inspector,Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,wu Secretary
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` currently on another job and cannot get to it just yet. The new house will not be on the exact footprint of the
present location. The new home will be one lot back. The particular foundation hole will have to be filled `✓
Mr.Markey states that once sewer is tied in,the new home will be able to be tied in when it is setup, There is
no reason to delay the process. The sewer tie-in must be the first priority. Any drainage contains coliforrn
bacteria and surface runoff from the rain. This can affect children,and if dogs are running around,and
bringing bacteria into their owners homes,it can affect family members and make'them sick. Mr,Markey
states that the Averka's will be able to use the sewer tie-in even if it needs to be pumped out. A grinder tank
can pump up waste to the proper point. In addition living in a temporary trailer while the home is demolished
and a new home setup is a building and zoning issue. Mr.Averka has not discussed this with the building or '
zoning departments as yet. Mr.Markey wants to see a sewer tie-in application submitted this week. Attorney
Hyatt asked for a reasonable amount of time,as the Averka's are still living in the house. Mr.Markey was
firm that the sewer tie-in application be submitted this week. The original order letter was sent in February of
" 2003. Ms. Starr states that in addition,an order letter was sent about five years ago relating to housing issues,
y and nothing was ever done.
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70 Oakes Drive—Order Letter update—presented by Sandra Starr.
Ms. Starr sent letter regarding garbage grinder,and the work has now been completed. No further action is
required at this time. 1
Discussion
Updates of Trash Truck Permitting—presented by Brian LaGrasse
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A couple of more applications have recently been received. Mr.LaGrasse has ordered additional stickers, lvir.
LaGrasse will be sending out more stickers and placards within the next week. The regulations seem to be
working in conjunction with police enforcement,and the Town is getting more response.
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Report on selected septic consultant response—presented by Sandra Starr
A letter went out to Mr,Dan Ottenheimer. Mr,Ray Santilli,Assistant Town Manager,is supposed to be
sending a standard contract to Ms. Starr for review. Ms. Starr states that she has not received this yet.
Santilli has been working with Town Counsel for the last six months to finalize this contract. Ms.Barczak
suggested going to another person or to Community Development Director,Heidi Griffin. In addition,a letter
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also went out to Steve Ericksen of Norse Environmental indicating why he was not chosen. Mr.Markey will
'r call Mr. Santilli regarding the contract. Ms.Starr states that Mr.Santilli may be calling the secretary to inquire
l ,I of an address for Mill River to send the contract to directly.
Mosquito Spraying
fl' Ms,Barczak inquired about mosquito spraying based on an article in Eagle Tribune. The current Mosquito
' Control Management Plan did not include spraying. Some towns are doing nuisance spraying and others are
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,a doing nothing. The management plan is what the Town of North Andover follows.
f CDC Health Advisory
The monkeypox virus is spread by rodents coming from Ghana. ana.
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jy Annual Air Quality Monitoring Report
t 1 The report received on June 20,2003 was distributed to the Board. There are reports on what is required on
what has to be done on the RFP a year or two ago for Air(duality Monitoring for Wheelabrator. Ms, Starr will
1, loan the information to read at leisure to make comments and get back to her with any questions. Ms. Starr
also gave a copy to the Planning Board. Justin.Woods,Town Planner,has not read or commented on it to date.
� of the
Ms. Starr asked Mr.Woods to present the information to his Board to review. Ms. Starr will get a copy
T; RFP as well, so the Board of Health will understand where this report is coming from.
Temporary Septic Coverage
Ms.Starr spoke with Les Godin of Haverhill,and said that she might need his help doing plan reviews until the
new consultant officially starts. Mr. Godin presented a proposal of$35 per hour. Ms.Barczak made a motion
to approve temporary usage,and Mr.Markey seconded the motion. It was noted that Mr. Godin formerly
1 worked at Merrimack Engineering,and now works for the Haverhill Health Department. He lives in
Amesbury.
page 2 of 4 r
July 17,2003 North Andover Board ofHealth Meeting-Agenda r,
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Board ofHealth Members:Cheryl Barczak;Jonathan Markey;Board ofHealth Stalf Sandra Starr,Health Director,
Brian LaGrasse,Health Inspector,Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,BOH Secretaty
1 WOW
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r. Smoking
Ms, Starr brought a legal notice regarding the Board of Health in Methuen,who passed an amendment to their.
tobacco regulations. It states that if a business makes 80%more money from liquor,they can become a bar
and have smoking there. Rolf s is probably the only establishment similar to that. The entrance doors shall
prohibit smoking within 25 feet. Smoking rooms and pouring licenses are clearly defined. Ms. Starr thinks
c that the 25 feet from entrance doors is a good idea. Ms. Starr thought of asking the Food Inspector to check
y signs to make sure there is no selling to minors. Mr.LaGrasse is not sure of the criteria of signage,but Ms.
Starr said that there is a state regulation. Ms. Starr will try to think of a young minor to use to go into
establishments to be sure that there is no selling to minors. Mr.LaGrasse could use his 14 year old cousin to
pose as buyer.
Board of Health Charter
Ms. Starr presented printouts of the Board of Health Charter. The charter is over and above any Massachusetts
general law. This is for information purposes only. Chapter 7 states that the Board of Selectman can appoint a
member,and the Town Manager appoints the Board of Health chairperson,
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MHOA—Certification Information
' Ms.Barczak will forward an e-mail from MHOA regarding information and certification of Board of Health
members. Therefore,this Board can find determine what other towns are doing and get copies of regulations,
etc.
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Clean Air works North- Tobacco panel made up of boards on the North Shore. Ms. Starr will see what she
can find out on this.
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BioTerrorism Training—Ms. Starr and Ms.Rillahan went to BioTerrorism training yesterday.
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1„ Vaccine
Ms.Rillahan will run out of vaccine next week. Not sure if she can pick up more vaccine from the state
without a medical signature. Ms.Rillahan has not heard anything from Town Hall officials. Ms.Rillahan has
t some home patients who have orders from private doctors but for others,she does not have sign off. She will
tell the doctors to pickup their vaccines in Tewksbury. We have signed letters in the file from Dr.MacMillan
to issue if we have no vaccine. Ms.Rillahan states that it is not her responsibility to find a Dr.for coverage.
Ms.Barczak stated that at the last selectmen's meeting,it was mentioned that the Board Physician gets a stipend of$1,200.
845 Berry Street
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Ms.Starr reviewed a Form U for 345 Berry Street for an above ground pool. Ms. Starr is uncomfortable about
it because the pool might stress the wall's concrete barrier. Mr.Markey suggested talking to the Building
Inspector because it is dangerous. The setbacks from the leach area need to be 10 feet. Ms. Starr was
concerned about compaction of soil from the weight. Mr.Markey states that the pool cannot be more than 15
feet wide. Berry Street is near the old equestrian place on Route 114. This is also not an accepted road yet.
Fuel Money
The Board of Health has no fuel money. Mrs.Bea Fink was in attendance and stated that the finance
committee has no money. Fuel is for the Town Car,and Mileage is for reimbursement. The Board may cut
j out memberships to AFA and a couple other organizations. Quite a bit of the available money will be allotted
i for beach water testing,as they have upped their fees to$90 per week or$30 per test,three times a week. Ms.
Pink states that the budget is available online for viewing on the Town.of North Andover website.
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C,,,orres ondence
� bx eft e_r s Y g for
P
M2003 through June 30,
Ms. Staff that Whee ab ator did not exceed the mass firing r e. Thi s
is a good thing.
tiny 17,2003 North Andover Board ofHealth Meeting-Agenda Page 3 of 4
�oard o
� 0 ealthMembers:CherylBarezak;JonathanMarkey,Board ofHealthStaff Sandra Starr,Health Director,
nun LaGrasse,Health Inspector Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,BOH Secretary
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Letter from the Massachusetts Department of Public Health re:Influenza Vaccine guidelines for 200
and 2004—the payment to Towns is going up for the next round of vaccines. Instead of$4.37 per shot,
Medicare will pay$8.59 for the administration of each shot in fall of 2004. Last year,the Health Dep 1
received Andover's batch of vaccine as well(in error). This fall we will get 1,450 doses. We don't char
ge
people,but we get reimbursement from the state for administering the shot. Last year,we gave out 1,600
shots. We charge for the shots,because we buy the vaccine. There will not be any free vaccine for privates
physicians this year,so we will probably get additional requests for vaccines.
Letter from Sandra Starr to Dan Ottenheimer of Mill River Consulting re: selection of septic consulta�q(�//�
Presented for review.
Letter from Sandra Starr to Steven Eriksen of Norse Environmental re:RFR for Title 5 Services %
Presented for review. i
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Distribution of all current regulations to Board Members and Staff—all regulations were three hole j C
punched and distributed for ea reference b members and staff as reference material for their Board of ;!
p easy Y % l Th
Health binders.
Open Meeting Law Handouts—for review and reference purposes
Septic Costs and Inspections
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Cost Proposals � sigi
Ms. Starr presented a request to the Board to raise the fees for Repair Soil Testing from$200 to$360. This
will increase the fee by$160,and to increase the fee for Disposal Works Construction from$175 to$200,
which will increase the fee by$75. The increased costs will cover the fees from the new septic consultant, y The
Mill River,whose contract starts on August 1,2003. Plan reviews are currently$225,which is exactly what
the proposal is, so there is no need for an increase. However,we also have postage and administration costs,IL
Therefore,the second plan review would not go back to the consultant,as we will just review in-house for
minor changes. Motion by Ms.Barczak to raise fees effective August 1,2003,seconded by Mr.Markey. All
were in favor. '
desil
Septic Inspections 1 l Engi
Mill River will do the first two levels of inspections-Bottom of Bed and Final System as part of the Disposal
Works Construction process. The raised fees will cover those inspections. The Health Department will opim
continue to do a final grade inspection. A per diem cost for this would be$600 per day. On January 1,2004, °pm
the 60 minute percolation rate will be changed. A legal advertisement will need to be run in the Eagle Tribune, trenc
p g g g requ(
Andc
Meeting Adjournment apprc
A motion was made and seconded to adjourn the Board of Health Meeting at 8:45-p.m. = do rc
the al
All w
Respectfully Submitted,
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Cheryl Bat erk/lmber
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North And ver Board ofalth A pub
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Tequea
state 1�
septic
1•;4�-1
tent cis
May 2i
dttg,tsr
July 17,2003 North Andover Board ofHealthlvieeting-Agenda Page 4 of4
Romeo
Board ofHealth Members:Cheryl Barczakc,Jonathan Markey;Board ofHealth Staff Sandra Starr,Health Director, Rrlan Lni
Brian LaGrasse,Health lnsyector,Deb Rillahan,Public Health Nurse;Pamela DelleChial e,BOH Secretary
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DRAFT VERSION FOR REVIEW
North Andorrer Board of Health ft
Meeting Minutes
Thursday, —August 20819 'ZOU-3
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7:010 p.m.
J .DP14V J
384 Osgood Street
North Andover, MA 01845 �
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,all to Order
The meeting was called to order at 7:02 p.m. �Al",
New Business ��f
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L Meeting Minutes Approval of duty 17,2003 Board 01 Health meeting were presented for
signature.
The meeting minutes were approved by Ms.Barczak and seconded by Mr.Markey.
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II. Lot 39/Lot A ]Forest Street and Lot 71/Lot B Forest Street—presented by lhr.William S.
MacLeod,P.E.,P.L.S.,President of Andover Consultants,hie.
Mr.William S.MacLeod,P.B.,P.L.S. of Andover Consultants requests that the Board of Health re-issue �r
design approvals for Lot 39 and Lot A of Forest Street. Original approvals were issued in 1999 by Pork
Engineering,the Town of North Andover Health Department Septic Consultant at the time. MME.MacLeod has
inspected the sites,and no work has occurred on site that would chge the soil characteristics. It is his
opinion that additional testing on the lots would only further disturb the parenf soil in the area of the absorption
trenches. The Health director also did an inspection to confirm that this is so. Andover Consultants makes this
request on behalf of their client,Forest Glen Development,Inc. These lots were not grand fathered and
Andover Consultants Fled for Chapter SOB. The abutters wants single farrraly homes and this was recently
approved to construct single family homes, No recent work has taken place on the lot yet,however,and they �
do not need to do additional excavation as this would only, disturb the area. Ms.Bar'czak motioned to e<teud Y
the approval for soil testing,and validate the design approvals for both lots. Mr.Markey seconded the motion. 1'�!
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All were in favor.
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139 Olympic-Lane—presented by a representative of New England Ln =neerin Services notice
of public hearing submitted)
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A public notice was advertised by NEES to the abutters on August l6,2003 of this address regarding the �
request of
former owner,Mir,Pik Ferraguto for approval of va aches to the require lents of t e Tile 5,11
state law governiing tine installation of septic systems. The request is being rn:aade to allow the instaffation of a
septic syste m to replace de P failed septic system. Tlne follow_r? � a_ arnce is bern6 4'�_rtuested: TTTLE 5
NCE: Allow the use of a si i e
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analysis to defee nine the lo ading rote of the soil in lieu Qf a percolation
fes'i
as required by Tt=1e 5 section 15.1 system.is curre€=tEy in failure. Soil test g was—u ?etc on f
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May Zg,2003. The soil seeded to test if it was 55 inches below b orrnd. The elevation of th€wetlands was at
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A"9'Qr 2°.2003_ Page 1 of° j
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h0g� oflr7 r��§ ch Firms: `e.I He:e r; Pasthan rr.,l€e�;Boc�rcl cfFlea�tlt StaJT' Heidi G3 i 7n,Acting Health Df�ector�., G;
'�r1gnLaGrcesse HealtF:I:epectonDebRillal.an,PublicHealth,.Mrse;PanelaDelk? hiaze.DOH.Secretary %
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RAFT VERSION FOR RE
92. mater vas bli�td to be U5 inches down,a d cannot percolate it out Th re was a scl}ed'aie to go of al;wu %
two weeks ago, anuthere was five inches oftain. A sankple of the soil was sent to a lab. The type of soil j
j sand. The CEP has aiidanc°rlc, erstrc11 states that gallons are measured
found was a loam c G per the
square footage. Local law requires a 900 squ�e foot rz� r�iii�,psfl� that is what cle{ssigr�sinews. Tile des7i�gr is
r y �r 3 "� y m b Yr J tits r
t Ing design fiver-rlP
ro=sand, so_l at slightly higher n a two Mute ra s} t o F s3 ft. ff
FS is approved by the Board of Health then Ivfr. Osgood will send to the DEP. This varYanc
request by�-� P� e is
t for
ouiy allowed in a repair situation. i�r.Markey has no problem v,iti it but a deed rest�ction Fs rieeder y
j file. The square footage cannot increase the flow. The DEP will add a condition to attempt a percolation test
or nee ans bctrori rs cfl{ letetir. Anotsler percolation test nlay be attempted ray Sept eambe
when a botton p p � y , r. Ms
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Earczak rnoiions to anew tine use of sieve analysis with a deed restriction tt�at the donne ruaast maintain a four
li r� �e aye to shfl.v vo innCrease i n sue"foots 1 ice'.Marks seconded the motion.
bedroom host t footage. y
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I J. Design Plans—Actions for Approval Disapproval
22?Summer Street—Tlus plan was given.final approvals tl>is past p;-eek under tine..;rectio,r of
Markey. The Board of Health was waiting for a DEP variance approval letter that Penally came. It was a letter
granting approval of a variance given by the Board in regards to using a sieve analysis instead of a percolation
test. The percolation test could not be performed because of high groundwater.
845 Winter Street—This was a building permit application for a A season roonn addition. The
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basement is finished and divided into 3 rooms(TV room, storage room and an office). Title 5 does have some
gray areas in deter�ig the nunnber of rooms n a hoarse,which fn will,deterntines the size of the system 1
�= needed to be Title 5 compliant.Mr.Markey and Mr. LaGrasse discussed the situation and interpretation of
ride 5 room req ennems and detern�ed the system to be adequately sized for the addition and basement
area.
No auotions were requested or required at the meeting.
V. Tobacco Free Network—presented by IQ istin Hill and Diane Knight regarding functions of the
latest Tobacco Treatment Program
A telephone survey on "Voter Attitudes on Saaamkeftee Workplaces in 11lar-ti:Andover"is complete,and a
r final report was presenters vda a power pint presentation and written report Three hand copies were
r mailed to the health Director on duly 24,2003,and additional copies were provided at the meeting.
Reports were also forwarder)`ia e-mail by ids.Knight. The Tobacco Free Network received a grant from
the Attorney General's office. The Tobacco Free Network is concerned about making sure that business
establishiments are in compliance with state smoking laws. Ms.H_'L is a Community Health Specialist and has
f received a grant from the Mass Coalition for Health to conduct the survey. Tine telephone survey was
completed in Match. The results of the survey were analyzed by the Northeast center for Healthy
Conwnuruiies. It was found that nineteen percent more people would go out more often if restaurants zi�ere
smoke free. It was determined that local regulations would riot ianpact restailiaant sales. The Tobacco Network
will assist the Board of Health to draft a regulation for a smoke free workplace. Ms.Knight states that
Atto re}'Cheryl Sinnara vrdl help to?dvise on iii . Attornney Si a worked with a workshop in Iv i locton
this week. The communities that signed on to Clean Air Works,are North Andover,Middleton,and Topsfi eld.
t, Esser
will sntnoke-free on November 3rd. Ms.Baaczak posed a question about a possible statewide bill
being enaote<l. Ms.might states that this was brought before the statehouse,but did not pass in tine budget.
She is hopeft i that the issue will be revisited this fall u a statewide bill. Many y commu ,ties are ainovhng ;
forward on
their own,however. Ms.K glut will forward the contact im"ormation for Attorney Simaea,who
alight be able to help v✓i regulation.
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3oaii I adaslt—request to spe ni
k do Salo=ng Bans in Neu th Andover
1er
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_ '�rth�Ltdover Board ofHealth n eezt g- Agenda � z�.�nF�
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,,,,28,2003-
; fort=rl ors: he
ofHe�t Iti er. t Tar C.a ;;Lorrd o Health StaT:P Heidi Ors t,Acting Health Director,.
LaGrasse,F earth l:spectot,DeE°itlahan,Public Healrb Arta;isle:Pamela Delle,C'hla#e,PUH Seereia
e
DRAFT VERSION FOR REVIEW f
Dennis Card of Wood Avenue is in attendance in lace of Ms.Kulash. Mr. Card would like to obtain
Mr, p
clarification of current smoking regulations in North Andover. There is a potential for adult entertaimnent on
Holt Road that he is hoping that the regulations will limit what a new facility for adult entertainment is allowed
to do. Mr. Card requests to brainstorm about Page 4, Section 3 of the regulations which states that any
building not open to the sky,and which has a roof and stage is not allowed to have smoking in the facility. `r
Ms.Heidi Griffin,Acting Health Director states that this is an issue that needs to be brought before Town
Counsel for feedback. Ms. Griffin will forward a request to Town Counsel about this issue.
In addition,Mr. Card had a question regarding the odors from the Greater Lawrence Sanitary District facility
(GLSD),and a recent court ruling won by the Town. North Andover was given certain oversight capabilities
on GLSD per Ken Kimmel. Mr. Card would like to know that when the Board of Health has an opportunity,
could he be informed of what the oversight capabilities will be. Mr.Markey states that he will have to research G
this issue. Mr.LaGrasse states that he has not seen any information come in on this. Mr. Card odors from
GLSD were very bad last night.
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Old Business
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L 383 Abbott Street—Progress Update presented by Mr.Brian LaGrasse
Mr.LaGrasse went to court on August 14,2003 to meet with a housing specialist and the Averkas. The
housing specialist heard the evidence and made a decision to give the occupants 2 weeks to vacate the premises
and submit a demolition schedule. A copy of the Northeast Housing Court Order dated August 14,2003 was
provided for review at the meeting.
W.LaGrasse inspected the property on Wednesday August 27,200')at 2:30 P.M. Upon inspection(through
side door window only)it appeared that several boxes located inside the kitchen appeared full and were labeled
indicating the contents. The homeowners were not home at the time of inspection he could not enter the
dwelling for a more comprehensive inspection, Attorney Hyatt indicated in his phone calls that the occupants �!
have vacated the dwelling and are staying at an undisclosed hotel in Danvers.
There was a second court hearing today at 9:00 A.M. at Lawrence Housing Court. Another agreement was
issued by the court and signed by both parties mandating that the premises be emptied of all personal
belongings and a demolition permit received by no later than September 18,2003. Attorney Hyatt also
presented a letter from Kidder Building and Wrecking,Inc. dated August 26,2003 indicating a potential
demolition schedule beginning the week of September 22,2003. There is a follow up hearing at the court on "
� Thursday September 25,200')at 9:00 A.M.
Kidder Construction also states in their letter that they can start the demolition within 5 days of the demolition
]hermit issuance. Il
The Board can vote to condemn the house at this time in conjunction with the signed housing court agreement.
The Board of Health can decide to condemn the home,but cannot tear it down. The Averka's moved out
Yesterday. Ms.Barczak made a motion to condemn the property. Mr.Markey secondert the motion. All were J
in favor.
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IL 78B Jefferson Street—Progress Update presented by Mr.Brian.LaGrasse r
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An order letter was sent to the homeowner on August 12,2003. Issues with this property have been going on
for yew. Proems first became apparent with odor complaints in 19 805 from o-a ing neigh.ibors in the 7
c /P r t y
condomimt,?n connplex. The odors dis�o�.,red at.hat time were of cat urine and dog feces. The situatio�i
appeared resolved,but came up again in 1990, 1997,2000,and 2002.
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In 1997,The Board o.,Health had Ms. Sweeney in for a meeting and agreed upon four conditions. The unit j j
had to be cleaned and sanitized by a professional cleaning
y p c g�mpmny,a cleaner was to�contracted to go to the
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'111oUst 28,2003- Vortl2,4ncloverBocit•d of Healthlviee.fing- Agenda Page 3 of 9 t
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$°Ird o Heatr`it lem�`F : �e�fit Barzza�:;To~c'oa t i arT spy;Board of Health Staff Heidi Gri r1,Acting Health Director„ �:1
gran LaGrasse,Health Inspector,Deb Rillahan,Public Health N.arse;Pafnela DelleChiaie,BOH Secretary
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DRAFT VERSION FOR i- EVIF}l�
unit once per week to perform general cleaning and housekeeping;a professional dog walker was to be
contracted to walk the dog daily as long as the dog resides therein;and monthly inspections were to take place
by the condominium management group with reports submitted to the Board of Health.
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The cleaning company was hired and the unit was cleaned and sterilized in 1997,which included removing all
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of the rugs etc. The dog walking,the maid and monthly inspections never took place. In July of 2002,the
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/wl Department received more complaints from the neighbors,which triggered the inspection process once again
Mr.LaGrasse inspected the unit and discovered some things that needed immediate attention,such as cat urine
�^ odors,and general unsanitary conditions. Mr.LaGrasse discussed the matter with the occupant and gave her
some time to clean the unit. The cleaning did not get completed in a satisfactory manner,and an Carder letter
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1 was issued in November of 2002. It was also required that a dog walker and cleaner be contracted to fulfill the
i` requirements set forth by the Board in 1997. Gaining access for the inspection process is extremely difficult
;/t with the occupant for a variety of reasons and excuses. A follow up inspection was performed in March of ,
2003 and conditions had not greatly improved and issues remained with the dog walker and cleaner, An
extension was given per request of the occupant to get the various parties contracted. Mr.LaGrasse has not
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been able to get access to the unit since March of 2003. Every week faxed statements are received indicating a
circumstance that has arisen that prohibits an inspection.
Mr.LaGrasse sent an Order Letter on August 12,2003 with a mandatory inspection time of August 21,2003 at
10:00 A.M. Ms, Sweeney called on August 20,2003 and pleaded to have the inspection on August 22,2003 at
IN I
11:00 A.M. Ms. Sweeney then cancelled the inspection on the 22nd and rescheduled it for the 27". Ms,
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Sweeney has since cancelled the inspection on the 27 'as well.
Mr.LaGrasse would like to file'court papers this week or next week to schedule a hearing with the housing
> courts or have Ms. Sweeney come to the Board meeting in September. Despite the lack of complaints recently,
the situation has gone on long enough and needs to be taken care of.
1 A letter will be sent requesting that Ms. Sweeney report to the September Board of Health meeting. If she does
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not show up at the meeting,the complaint process needs to be taken to the next step.
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in 458 Johnson Street—Progress Update regarding Sewer Tie-In. A lawyer for Mr,And Mrs.Eaton
t will be presenting updated information on their behalf.
In March of 2000,an Order Letter was sent to the homeowners mandating that they tic into sewer because they
had access to the municipal sewer system. The homeowner sent the Board of Health a letter indicating
financial reasons for the delay and that they had been in front of the Board two years earlier for the same
reason.
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Mr,LaGrasse was called out on a housing complaint in June of this year. Upon file review,it was determined
that nothing had taken place since the original Order Letter dated March 24,2000. Upon inspection it was
discovered that there was an illegal apartment being rented out above the garage, The unit was being vacated
at the time of the inspection. The Order Letter issued to the homeowners,Mr.and Mrs.John Eaton,mandated
that the dwelling be tied into sewer and the apartment above the garage be brought into compliance with the
State Housing Code. The apartment only has one means of access and egress,which is a violation of the State
` Building Code and Housing Code. The homeowner requested a hearing before the Board and is represented by
If Attorney Dom Scalise. Mr.LaGrasse met with Attorney Scalise last week to discuss the Order Letter and the
1 financial situation of the homeowner.
Attorney Scalise states that the homeowner is under financial hardship and has a total amount of$1,400 to
a survive on per month. Mr. and Mrs.Eaton have lived in the house for over 50 years,and would like to stay in
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North Andover. They have deferred real estate taxes,and the Town will get money back on the potential sale
of the house through the 41A Program, Attorney Scalise checked with the Assessors office about program. He
1` also spoke with a Mr. Crowley from the state Department of Revenue,who told him of the sewer deferment
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r August 2$2003- North Andover Board ofHealth Meeting- Agenda Page 4 of 9
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Board ofHealth Members:Cheryl Barezak,Jonathan Markey;Board ofHealth Staff; Heidi Griffin,Acting Health Director„
Brian LaGrasse,Health Inspector,Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,BOH Secretary
l
DRAFT VERSIO N FOR R��1��
program. The Assessors office was not aware that there was a program in effect. There is a need to go to tine ;
water and sewer commission,which is now the Board of Selectmen. The Assessors office will put this
program into affect,but it needs approval of the selectmen. Attorney Scalise will provide the website address
with the information on this program.
Mr.Eaton does not know if system needs to be pumped or is on a gravity flow. Mr.Eaton cleans his own
leach field,and Giard pumps the tank. Mr.Eaton built the system himself many years ago. He can have the
system checked in the interim,but Mr.Eaton says that it is working fine. There was a party at their home
recently with about 80 people,and the system worked fine. Another option is to look into a loan that for which l
the Eaton's would only have to pay interest,and defer the principal cost until a later time. The Eaton's are
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having difficulty at present making their monthly payments with mortgage,etc,and would prefer a sewer
deferment as opposed to a loan. Mr.Markey suggested checking with the DEP for grants. Grants may not be
available due to budget cuts,but there used to be money set aside for sewer tie-ins. The state does not favor i
septic systems. If the Town could do the work,they would get the money back at the sale of the house. Mr.
LaGrasse states that he believes there is a discount rate if a homeowner completes sewer tie-in within first 6 j
months. The lot in question is approximately one acre. The septic is in the backyard,and the gradient mostly
flat and runs downhill. Part of the issue is the sewer tie-in regulation which states to tie-in within.2 years of
availability.
Ms.Barczak makes a motion to continue this issue at the next meeting. Ms. Griffin requests that the Board
receive something in writing that the illegal apartment not be rented. Mr. Crowley's phone number is:
800.392.6089 and local services is 617.626.2300. Information about deferments can be found under Chapter j
80,Section 13B,and there has been a recent update from DLS regarding deferments. The cost of the sewer
de-in will be about$10,000. Mr.LaGrasse suggested that the contractor could get some kind of tax credit.
Mr.LaGrasse believes that Attorney Scalise is working out ways to get the property connected to municipal
sewer through liens etc. If Attorney Scalise doesn't have a plan of action for sewer connection in place at this
tune,the Board could continue the hearing until the September 25,2003 meeting and mandate that a course of
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action be presented to the Board at that time.
Discussion
L Meeting on Thursday,September 4,2003 at 9:00 a.m.of the Tobacco Advisory Committee to
meet at the Andover Health Department office.'
This is a group of nine communities that will meet to vote on the budget related to the Tobacco Advisory
Committee. This group operates under a grant from the Department of Public Health. A representative from
the Health Department will need to attend. Ms.Rillahan states that the Andover Health Department has a
much bigger staff and it is well run. This might be an opportunity to get some ideas from their department on M
handling various issues.
II Public Health Nurse Update—Provided by Ms.Rillahan
Ms.Rillahan states that she was overloaded with camp inspections this summer. There were a total of 14
camps,which included three additional camps this year. The nurse is required to reads all policies,and go G
through all medical records and policies. One camp did not provide all up to date policies. There were no
medical records,no CORI's or SORI's ready for review at the time of the inspection(s). The camp manager y
stated that the necessary forms were locked up in their office in Dedham. Ms.Rillahan went back to the camp
two days later and the staff had the CORI's,but no SORI's. Health forms were available for only three of the
employees. Ms.Rillahan refused to permit the camp and will be writing a letter to the camp regardingalllhe
Problems she had during the review process. Ms.Rillahan called the state,and they said that the camp could
be shut down if the necessary forms were not in place. The Town will not shoulder the responsibility if��, G
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i August 28,2003-North Andover Board of Health Meeting- Agenda Page5o(9
Bard o Heatth Metttbers:Cheryl Bar ezak;Jotaathan Markey;Board of Health Staff Heidi Griffin,Acting Health Director„
Brian LaGrasse,Health Inspector,Deb Rillahan,Publie,Health Nurse,Pamela DelleChiaie,BOH Secretary
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DRAFT VERSION FOR REVivz-1N
are not permitted by the Town. Ms.Rillahan thinks that there should be an increased inspection fee but it has
to be voted on at Town Meeting. Ms. Griffin suggested working on appropriate wording for a warrant article,
Ms.Rillahan also states that she sees a number of homebound patients;picks up vaccines from the state
office
in Tewksbury. She has had to turn away college students requesting Hepatitis shots,as there was no medical
director to sign off for them. Ms.Rillahan will look into the cancellation policy of how to disperse an
overabundance of flu shots. She is working with Merrimack College to get Meningitis shots for students that
need them. Steven's Pond closed a couple of days early last week based on a high,unacceptable coliform
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bacteria level. The results take 48 hours to come back,so she found it necessary to just close the pond,
J, M Upcoming Training/Seminars—Provided by Ms.DelleChiaie and Brian LaGrasse
Ms.DelleChiaie will be attending two trainings in September.to learn new procedures for Medicare Roster
1 billing and HMO billing with regard to flu clinics. The trainings will be held on September 16,2003 and
September 22,2003.
EHT Certification—Peter Mirandi teaches an Environmental Health Technician(EHT)Course The course
l covers a wide range of public health issues in great depth including septic,food borne illnesses,communicable
diseases,vectors,radiation etc. The cast is approximately$600. More details are expected to be forthcoming,
CHO(Certified Health Officer)Certification—Mr.LaGrasse is looking into the Certified Health Officer
(CHO)Certification as well. This certification is geared to administration and procedures related to running a a
Health Department.
t Mr,LaGrasse is also looking into CHS Certification in addition to the other trainings,but he has not received
}� the information to date.
. IV. West Nile Virus Update
r Dead birds(mostly crows)have been collected since the spring. Over the last few months,a few have been a
f sent to the state lab for testing.
According to the Massachusetts.DPH,one of the birds sent in last week tested,positive for the virus. A t
resident at 284 Bradford Street found the infected crow in his back yard. Mr.LaGrasse has also been in
contact with Mosquito Control on the issue,and they are going to increase monitoring and collection in the
area and possibly retreat some of the catch basins etc. The species of mosquito in this area that spreads the
virus is a species that prefers standing water in man made objects and structures,as opposed to standing water
in natural wetlands etc. They are going to survey the area for possible breeding locations and try to eliminate
as many as possible.
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August 28,2003-North Andover Board ofHealth Meeting- Agenda Page 6 of 9 1 1
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Board ofHealth Members:Cheryl Bareiak;Jonathan Markey;Board ofHealth Sta, Heidi Gruen,Acting Health Director,,
Brian LaGrasse,Health Inspector,Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,BOH Secretary
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X1 1=�f RSIO FOR REVIEIfll.
V. 5 Appleton Street—Building Permit KI
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for abuildin permit for a new roof and second floor
James Testa,is applying g p
" The homeowner of this property,
dormers. The property is currently on septic and will be tied into municipal sewer when the sewer is extended
s area. The current house is a cape style and with the addition of the dormers on the second floors he will
to lu application is that the house badly needs a new roof
be creating additional living space. The issue with this app ;
and probably can't go another winter without one. Mr.LaGrasse spoke to Mike McGuire,North Andover
o and he indicated that the roof doesn't leak continually,but last
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din the situation,ector regarding e roof does need to
Building� and leaking at that time. He did state that th
vvinter there were several areas l t ice damming
be replaced and will cost several thousand dollars. l spoke to the DPW and the sewer project for tl►is area r
should be started this spring. The issues are:
® If the homeowner replaces the roof as is,it will cost a large amount of money,and will need to be
redone again when the addition is done.
Sewer will be available sometime this spring or summer allowing the homeowner to add living space
and the second floor dormers.
® Mike McGuire can issue a permit for the frame and roof(with dormers and additional living space)
and mandate that no finish work(interior frame,electric,insulation,drywall etc.)maybe started until
Permit Application.
the Health Department approves the interior Form U Building pP
Mr.Testa is a contractor who lives in town,does a lot of work in town,is familiar with the processes and has
the frill confidence of the Building Inspector to comply with the permit if issued. j
Mr.LaGrasse would like the Board to allow the issuance of this Building permit knowing the dwelling will be
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connected to sewer next year and no interior work will be completed until the home is connected to sewer.
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The Health Department also has to sign the occupancy Permit when the interior work is completed. y
Mr.Markey and Ms.Barczak agree with Mr.LaGrasse's recommendations,and there is no need to make a
motion at this time.
VL House Fire-158 Waverly Road
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l ept on August 23
the The Board of Health was called out for a house fire at 158 Waverly Road boe for Dfew hours and all three
Mr.LaGrasse and Jonathan Markey responded to the call. The house was
T floors burned. The Board of Health is usually called out for fires such as this to make a judgment as to whether
f the dwelling is habitable after the fire is extinguished. In this particular case,the roof essentially collapsed and
the chimney was unsupported. Bob Nicetta,the Building Commissioner,deemed the house structurally unsafe
t and it will have to be razed. Mr.Markey and Mr.LaGrasse told Jeff Coco,the North Andover Emergency
Management person that the house is obviously uninhabitable.
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VIL Town Veterinarian
The Board of Health has an appointed veterinarian to handle animal issues and to sponsor rabies clinics etc.
Recently,an incident occurred in Town concerning a bat bite. A maintenance worker at Heritage Green was
1 bitten by a bat in one of the units during its removal. The Board of Health staff has come to an impasse with
1 the appointed veterinarian.
Historically it was typically the responsibility of the town vet to submit the animal in question for rabies testing
f at the State lab. The animal.would be collected by the Animal Control Officer and delivered to the vet for
Packaging and submittal. Our vet refused to perform this task yesterday,implying it was not his responsibility
Id he didn't have the packaging supplies for its shipment.
Page 7 of 9
ugsist 28,2003- North Andover Board of Health Meeting- Agenda
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Health Members:Cheryl Barczalc;Jormtkmi Markey;Board ofHealth,Staff: Heidi Griffin,Acting Health Director„ I
t $Ir an LaGrasse,Health Inspector,Deb Rillahan,-public Health Nurse;PamelaDelleChiaie,BCH Secretarq �
U` '
DRAFT VERSION FOK, v\,E
f Dr.Richard Lindsay was our town vet,but has since retired,and advocated that his son,Dr.David Lindsay
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' take over the Animal Inspector duties. Dr.David Lindsay runs a holistic animal practice on Hodges Street in
�1 North Andover. Ms. Sandra Starr,former Health Director,always had control over the contract or agreement
for the Animal Inspector,and the Department does not have anything in writing,or a description of the t
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applicable responsibilities of the Animal Inspector. Sue Northam,the Animal Control Officer had indicated to
Ms.Riallhan this afternoon that it is indeed the responsibility of the veterinarian to submit the animal for
testing after she delivers it
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VIII. Long Range Health Initiatives—Presented by Mr.LaGrasse and Ms.Rillahan
Mr.LaGrasse will work on some long range Health Initiatives in the near future under the discretion of Ms.
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Griffin. However,at this point in time with the current workload in mind,and basic Department function and
customer service a priority,tasks will need to be prioritized in order to work on the long range plans.
Mr.LaGrasse thinks that one particular issue that requires attention is the format of all the Health Department
Regulations. He states that it would be more beneficial to redo the regulations into one booklet with each
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regulation having a chapter and order of numbers. Ms.Barczak mentioned that she knows of a an in Lowell
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j who is initiating new ideas with regard to this issue and will provide Mr.LaGrasse with additional ideas for
this project.
f IX. Consultants
Mr.LaGrasse met with both the Septcic and the Food consultants over the past week to discuss the personnel 1
:y. issues in the Department at this time,necessitating the need for their increased roles at this time.
Mr.LaGrasse gave additional 40 or so inspections to the food consultant,Allen Gromko of ARG Assoc,and he ;
i did not have any issues with it. Mr.Gromko is willing to do what is needed to help the Health Department
' j maintain all food establishment inspection schedules.
Mr.LaGrasse also met with Dan Ottenheimer of Mill River Consulting and explained the situation last week.
Mr. Ottenheimer stated that he is able to do additional inspections for us with minimal turnaround time. He
also indicated that he would do whatever we need him to do to maintain customer service levels and satisfy the t
public.
The Board of Health appointed Mr.LaGrasse to as the temporary Health agent to sign off on septic plans and
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any septic forms as needed. Ms.Barczak made a motion,and Mr.Markey seconded the motion.
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Correspondence
L Letter of Appointment to Dr.Francis MacMillan as the"Public Health Physician"for the Town
of North Andover Health Department effective August 15,2003
t A copy of the letter from Mark Rees,Town Manager,and a list of the dudes and responsibilities for the
j position were provided.
K Wheelabrator-Letter dated July 31,2003(quarterly Emissions Report Data-re: semi-annual report
for continuous monitoring systems
� A copy of the correspondence was provided for review at the meeting.
August 28,2003-North Andover Board ofHealth Meeting- Agenda Page 8of9
Board of Health Members:Cheryl Barctak,Jonathan Markey;Board of Health Staff.' Heidi Grin,Acting Health Director„
Brian LaGrasse,Health Inspector,Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,BOH Secretary
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DRAFT VERSION FOR REVIEV4
III.
Wheelabrator—Letter dated July 15,2003 Second(quarterly Emission Report for 2003
A copy of the correspondence was provided at the meeting•
oint someone to review the Wheelabrator reports. Mr.LaGrasse stated l
Ms. Griffin noted that we should app Tech Environmental,which monitors the facility
that he received a call from Dana Buske,and her company,
for the Health Department. Mr.LaGrasse will review the reports and consult the Board members as necessary.
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Meetins Adjournment
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The August 28,2003 Board of Health meeting was adjourned at 9:20 p.m.
Respectfully Submitted,
Cheryl Barczak,,Clerk
North Andover Board of Health
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Page 9 of 9
August 28,2003-North Andover Board of Health Meeting- Agenda
jBoard ofHealtk Members:Ch eryl BareLalr;J"onrrthan Mrat'Itiay;Board of Health Staff., Heidi Griffin,Acting Health Director„
!� Brian LaGrasse,Health Inspector,Deb Rillahan,Public Health Nurse;PamelaDelleChiaie,BUB Necretaty
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North Andover Board of Health
Thursday—September 25,2003
DPW
384 Osgood Street
North Andover,MA 01845
7:00 p.m.
New Business
I. Meeting Minutes Approval of August 28,2003 Board of Health Meeting -presented for
signature. Ms. Barczak motioned to approve the minutes, and Dr. Trowbridge seconded the
motion. All were in favor.
II. Update on Progress of Septic Applications.
A spreadsheet was presented for review to note the status of current and ongoing septic
projects in the health department.
III. Joan Kulash—Smoking Bans
Ms. Kulash sent a letter to Board members saying that she was not available to attend
tonight. A board member will forward the e-mail to Heidi Griffin. A question was posed as
to whether the Board of Health can add adult entertainment to the bylaw while there is an
application before the zoning board. The advice from Town Counsel was that it would be
inappropriate to render a legal opinion as to whether or not the tobacco regulations would
apply to an adult entertainment facility. The reason for this is that each application would
have to be evaluated individually to ascertain its applicability with the existing regulations.
Therefore,unless an application has been through other permitting processed, counsel is
unable to determine its applicability with the tobacco regulations. Ms. Barczak states that
has not heard back from Cheryl Sibarra as yet.
In addition, Dr. Trowbridge states that Ms. Kulash is looking for more information on the
GLSD finding. It was discussed that the Board of health has a special odor complaint phone
line that residents can leave their complaints on. Dr. Trowbridge will respond to questions
from Ms. Kulash. Any complicated issues will be referred to Town Counsel before
responding.
IV. Update From Last Meeting—Presented by Ms.Heidi Griffin, Community Development
Director,and current Acting Health Director
A copy of a memo was presented by Ms. Griffin. The issues addressed were(the above)
Tobacco regulations legal opinion, Coordination with the Duties of the Animal Control
Officer,the Contract with Dr. Lindsay,Animal Inspector, and 22F Recreation Camp Fees.
Coordination of Duties of the Animal Control Officer—The Police Chief has confirmed
that the Animal Control Officer has, and will continue,to pick up rabid animals ant that it is
not the responsibility of the Health Department staff to do so.
Contract with Dr. Lindsay,Jr.,Animal Inspector— See item IV under discussion.
22F Recreation Camp Fees—(M.G.L. 22F)—A legal opinion rendered by Town Counsel
on April 24,2003 states that in accordance with M.G.L. c. 140, section 32B,town meeting
establishes the fee for original and renewal licenses for recreational camps, for which a fee
shall not exceed$50.00. However,M.G.L. c.40, Section 22F allows the Board of Health to
September 25,2003 - North Andover Board ofHealth Meeting-Agenda Page 1 of 5
Board ofHealth Members:Cheryl Barczak;Jonathan Markey;Thomas Trowbridge,DDS,MD;Board ofHealth Staff Heidi Grifn,
Acting Health Director,Brian LaGrasse,Health Inspector,Deb Rillahon,Public Health Nurse;Pamela DelleChiaie,BOH Secretary
1
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increase this fee,but acceptance of this statute requires town meeting approval. Therefore,
in order for the Board of Health to establish any additional inspection fees,town meeting j
authorization is required. A warrant article will be presented for the May 2004 Town
meeting. Ms. Rillahan will begin research on what other communities charge for their fees.
If submitted as a department,the Board of Selectmen would have to agree. This will be
presented at the next meeting on October 23`a. The issues with regard to need to be
presented at town meeting.
Old Business
I. 383 Abbott Street—Progress Update presented by Mr. Brian LaGrasse
The courts at the last hearing mandated that the occupants remove all their personal
belongings and submit the application for the demolition permit by September 18, 2003. As
of Wednesday afternoon,the homeowners have not submitted the application for a
demolition permit or removed all their personal belongings. The house is currently
condemned and the owners are residing in Danvers at this time. Mr. LaGrasse went to court
this morning, and the Chief Housing Inspector was not pleased with the situation, and gave a
deadline of October 91h for the Averka's to completely remove all of their belongings from
the property. Mr. LaGrasse will arrange for the contempt hearing if the court order is not
met. If the Averka's have not completely vacated the premises by October 9`",they will be
fined$100 a day for non-compliance to a court order.
Mr. Markey recommends that if the Health Department receives any more complaints about
this property,that a construction fence should be put up around the perimeter of the property
to close off the septic area. Mr. LaGrasse will explore the possibility of having a
construction fence put up after October 16`h if there is a need for the contempt hearing Mr.
Markey requested that Mr. LaGrasse call the water department and have them shut off the
water. . It was thought that if the water is shut off,the area would dry up a bit. It does not
take much for a child to get sick if exposed to contaminants in the ground. Mr. Markey
suggested doing a site walk in the winter to see if area has frozen. This would probably cut
down on some of the bacteria levels.
The Averka's are residing at an undisclosed location in Danvers,but are going back every
day to pack up around the house. Mr. LaGrasse states that nothing has changed. Dr.
Trowbridge makes a motion to shut off the water. Ms. Barczak seconded the motion.
II. 78B Jefferson Street—Progress Update presented by Mr. Brian LaGrasse
Mr. LaGrasse would like to set a mandatory inspection date for ongoing housing issues.
Ms. Sweeney appeared at this meeting per an order letter on September 11, 2003. Ms.
Sweeney submitted contracts for dog walker and house cleaner. Ms. Sweeney was present,
and mentioned the meeting from 1997. The carpet was taken up and the floor was cleaned
by Servpro. Ms. Susan Ford went back two years later in 1999, and told Ms. Sweeney that
everything was okay. Ms. Sweeney states that she has had several job changes with varying
hours. Her dog has seizures and is wearing a special doggie diaper. The cat box is cleaned
every day. Ms. Sweeney is off on Mondays and Wednesdays. She has had numerous health
problems and surgeries. Mr. LaGrasse will meet with Ms. Sweeney on Monday, September
291h at 10:00 a.m.
Mr. Markey had some questions about Ms. Sweeney's work hours. Ms. Sweeney works at
the Holy Family blood bank. Her present shift is 3:00 p.m, to 11:00 p.m. and 11:00 p.m. to
September 25,2003 - North Andover Board of Health Meeting-Agenda Page 2 of 5
Board ofHealth Members:Cheryl Barczak;Jonathan Markey,Thomas Trowbridge,DDS,MD;Board o{Health Staff Heidi Grif n,
Acting Health Director,Brian LaGrasse,Health Inspector,Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,BOH Secretaq
7:00 a.m. at other times. Mr. LaGrasse asked if the housekeeper will have access to her
property. Ms. Sweeney states that she or one of her neighbors,Ms. Hall from across the
street will be there. Mr. Markey would like three three inspections before the next meeting.
Ms. Sweeney states that she will not be working days within the next couple of weeks. Mr.
LaGrasse will provide a report at the next meeting. Below is a summary from Mr. LaGrasse
of the past history of this property:
This project has been going on for years. It first started with odor complaints in
1986. Neighbors would complain of odors emanating from the subject apartment.
The odors discovered at that time were of cat urine and dog feces. The situation
appeared resolved back then but keeps coming up(1990, 1997,2000, 2002).
In 1997,The Board had Ms. Sweeney in for a meeting and agreed upon 4
conditions. The unit had to be cleaned and sanitized by a professional cleaning
company; a cleaner was to be contracted to go to the unit once per week to
perform general cleaning and housekeeping; a professional dog walker was to be
contracted to walk the dog daily as long as the dog resides therein; and monthly
inspections were to take place by the condominium management group with
reports submitted to the Board of Health.
The cleaning company was hired and the unit was cleaned and sterilized in 1997,
which included removing all of the rugs etc. The dog walker,maid and monthly
inspections never took place. In July of 2002,the Department received more
complaints from the neighbors, which triggered the inspection process.
Mr. LaGrasse inspected the unit and discovered some things that needed
immediate attention, such as cat urine odors,unsanitary conditions, etc. I
discussed the matter with the occupant and gave her some time to clean the unit.
It did not get done to a satisfactory condition and an Order letter was issued in
November of 2002. It was also required that a dog walker and cleaner be
contracted to fulfill the requirements set forth by the Board in 1997. Gaining
access for the inspection process is extremely difficult with the occupant for a
variety of reasons and excuses. A follow up inspection was performed in March
of 2003 and conditions had not greatly improved and there were issues with the
dog walker and cleaner. An extension was given per request of the occupant to
get the various parties contracted etc. Mr. LaGrasse was unable to get into the
unit since March. Every week the Health Department receives faxes indicating a
circumstance that has arisen that prohibits an inspection.
Mr. LaGrasse sent an Order Letter on August 12, 2003 with a mandatory
inspection time of August 21, 2003 at 10:00 A.M. Ms. Sweeney called on August
20,2003 and pleaded to have the inspection on August 22, 2003 at 11:00 A.M.
Ms. Sweeney then cancelled the inspection on the 22nd and rescheduled it for the
27`". Ms, Sweeney has since cancelled the inspection on the 271'as well.
III. 458 Johnson Street—Progress Update regarding Sewer Tie-In.
A letter was faxed from Attorney Dom Scalise. He is still working on issues related to this
matter. Mr. Markey suggested an abatement fund for residents who have septic. The cost is
approximately$12,000 to tie into sewer as opposed to$30 or$40K for a new septic system.
Mr. Eaton is already on a tax deferment plan. Mr. LaGrasse recommends to let Attorney
Scalise keep researching these issues to see what the next course of action could be for his
September 25,2003 - North Andover Board ofHealth Meeting-Agenda Page 3 of5
Board ofHealth Members:Cheryl Barcaak,Jonathan Markey;Thomas Trowbridge,DDS,MO;Board ofHealth Staff Heidi Griffin,
Acting Health Director,Brian LaGrasse,Health Inspector,Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,BOH Secretary
clients. Ms. Barczak makes a motion to allow the research and discuss it further at the next
meeting. Dr. Trowbridge seconds the motion.
Discussion and Correspondence
I. Public Health Nurse Update.
Ms. Rillahan will be busy with upcoming flu clinics in the month of October. There are
currently 11 clinics scheduled. Several of them will be held at the elderly housing
complexes to cut down of the number of people at the Senior Citizen Center clinics.
Ms. Rillahan will also be attending a conference in Atlanta the week of October 6-9 for
continuing education credits.
Mr. Markey updated the Board about a call to a residence at 31 Spruce Street for a housing
issue. There is also a question as to whether the woman who resided there had septic shock.
Ms. Rillahan will be following up on this case in conjunction with the NAFD
H. West Nile Virus Update—Provided by Brian LaGrasse
A press release went out last week stating that we will no longer be collecting dead birds for
testing, as the WNV has already been tracked and identified in the area..
The press release informs the public of the positive test results and advises the public of
specific precautions that they should take. The state is not having us collect any more
specimens at this time. We have had two crows test positive at the same address (284
Bradford Street). We have also been in contact with Mosquito Control for a second time on
the issue and they are going to increase monitoring and collection in the area and possibly
retreat some of the catch basins etc. The species of mosquito in this area that spreads the
virus is a species that prefers standing water in man made objects and structures,as opposed
to standing water in natural wetlands etc. They are going to survey the area for possible
breeding locations and try to eliminate as many as possible.
III. 56 Church Street Update—Provided by Brian LaGrasse
Mr. Lagrasse and Mr, Markey were called out to an apartment on Sunday, September 14`h by
the Fire and Police Departments for a housing issue. The apartment was completely full of
furniture and personal belongings. It was mostly a fire hazard and a danger to any
emergency personnel that may have been called there for whatever reason. Mr. LaGrasse
spoke with the tenant and gave her some things to do and items to take care of by the end of
the week. Mr. LaGrasse met with her again on Friday and inspected the apartment. She had
complied with the items she was asked to do and the apartment was emptied of most of all
the unnecessary furniture etc. She had done a really good job of getting the apartment
cleaned up and is now much safer for herself and any emergency personnel. Mr. LaGrasse
scheduled another inspection at on October 19'h just to check up on her.
IV. Town Veterinarian and Applicable Job Duties Update—Presented by Deb Rillahan
Ms. Rillahan will present a scope of services to Dr. Lindsay,and see if he is agreeable to it.
An original contract was never found for review. Ms. Rillahan worked with Mike Cahill
from the state on drafting the scope of services. It was noted that if an infected animal had
no contact with humans, it can be buried or incinerated. If exposed to humans,the animal
must be sent to the state lab for testing. A scope of services will be presented to Bulger
September 25,2003 - North Andover Board of Health Meeting-Agenda Page 4 of5
Board of Health Members:Cheryl Barczak;Jonathan Markey;Thomas Trowbridge,DDS,MD;Board ofHealth Stafl Heidi Griffin,
Acting Health Director,Brian LaGrasse,Health Inspector,Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,BOH Secretary
1
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Animal Hospital as well, in the event that Dr. Lindsay is not interested after the Scope of
Services are presented. 1
I
V. Letter of Appointment to Dr. Thomas Trowbridge
The letter and accompanying paperwork was distributed to the Board members for review. f
Welcome Dr. Trowbridge.
VL October 1St Septic Deadline
The Department has a septic deadline of October 1St that prohibits the permit issuance for all
Disposal Works Construction Permits for projects that do not have an approved design plan
by this date. We have several ongoing projects in the design and review phase that are near
completion. Mr. LaGrasse thinks that the Board should extend this deadline for all current
projects in the design phase as long as they are approved and can be installed by November
15th of this year. Mr. LaGrasse states that all contractors, installers, and engineers that come
in to pick up applications understand that if they submit an application after October 1St,they
will have to wait until the spring for their construction permit.
VII. Health Department Promotion
Dr. Trowbridge suggests promoting the Board of Health to the Town of North Andover in a
positive way. Dr. Trowbridge states that he has an interest in attending a meeting regarding
about health promotion and kids. A local hospital is having a meeting in Cambridge to see if
the promotion would be applicable in the Lowell area. Perhaps this promotion can be
utilized in North Andover as well. The new high school will be opening early next year,and
perhaps the Board of Health could have a healthy kid promotion. Dr. Trowbridge though he
might write some articles for local publications to further promote the health department.
Ms. Barczak states that Massachusetts public health has articles that can be used each month
as well Dr. Trowbridge will make a request to add to the agenda for next month regarding
these items. Ms. Rillahan would like to offer something to promote the upcoming blood
drive in December.
Meeting Adjournment
The meeting was adjourned at 9:00 p.m.
Respectfully Submitted,
C eryl Ziber
zak
Clerk,
North Andover, Board of Health
September 25,2003 - North Andover Board ofHealth Meeting-Agenda Page 5 0f5
Board ofHealth Members:Cheryl Barczak;Jonathan Markey;Thomas Trowbridge,DDS,MD;Board ofHealth Stafl Heidi Grim,
Acting Health Director,Brian LaGrasse,Health Inspector,Deb Rillahan,Public Health Nurse;Pamela DelleChiaie,BOH Secretary