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HomeMy WebLinkAbout1999 Jan March April May BOH minutes BOARD OF HEALTH MINUTES JANUARY 27, 1999 Mr. Osgood called the meeting to order at 7:35 p.m. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member, Susan Ford, Health Inspector, and Sandra Starr, Health Administrator. VARIANCE REQUEST- 24 MARIAN DRIVE - DEPTH TO GROUNDWATER: Ms. Starr presented the case for the variance to allow a reduction of the separation to groundwater from 4' to 3'. On a motion by Dr. MacMillan, seconded by Gayton Osgood, the Board voted to allow a variance to 3 feet to groundwater. BUDGET CUTS: There was a brief discussion on the Budget cuts in the FY2000 Budget that affect the nurse's hours. Gayton Osgood stated he would discuss the issue with the Town Manager. REVIEW OF 1591 OSGOOD STREET - GREASE TRAP: The Board reviewed the memo from Plumbing Inspector, Jim Diozzi, that stated he specifically told the owner of this property that the existing internal grease trap was not Title 5 approved and that the proper jurisdiction for grease traps on septic systems was the Board of Health. The Board reiterated that the additional building could not be rented until an approved grease trap was installed and inspected by Health Department staff. Asked about the monitoring well, Ms. Starr responded that it was installed without involvement by Health Department staff, even though the owner of the property and his engineer were told that the well and its location must be okayed by the Board of Health prior to installation. On a motion by Dr.MacMillan, seconded by Gayton Osgood, another letter with the memo from the Plumbing Inspector will be sent to Chris Adams, Owner. MARK SMITH, LOBSTER TAIL, DISCIPLINE ACTION: Mark Smith, owner of the Lobster Tail Fish Market appeared in answer to a request from the Board of Health to discuss his actions on 12/31/98. Due to a floor drain backup, his establishment was flooded and consequently closed by Health Department staff in an emergency measure. Mr. Smith was directed to perform certain cleaning tasks, after which another inspection,would be conducted by Ms. Starr. If all was in order in that Page 2 - Minutes: January 27, 1999 inspection, he was told he could probably reopen. Mr. Smith re-opened his establishment without waiting for the second inspection. The Board of Health warned him that his action was dangerous to Public Health and possibly negligent. Mr. Smith apologized and promised it would not happen again. TOBACCO CONTROL COMPLIANCE: Ms. Starr reported that ten North Andover retailers violated the law prohibiting sale of tobacco products to minors by selling to representatives of the FDA. After some discussion the Board agreed that any compliance violations should be reported to Health Department staff and that Board of Health staff, not Healthy Communities Staff, should issue any tickets. STRATEGIC PLAN: A brief discussion of the in-progress strategic plan ensued. The Board praised the results. MINUTES OF NOVEMBER 19, 1998: On a vote by Dr. MacMillan, seconded by Gayton Osgood, the Board accepted the minutes of November 19, 1998 as written. GLSD STATUS: Gayton Osgood updated Dr. MacMillan on a recent letter from Town Manager, Bob Halpin. 91 TUCKER FARM - ORDER LETTER: Ms. Starr brought the letter concerning the upcoming deadline for the repair of the septic system at 91 Tucker Farm Rd to the Board's attention. She also told the Board that there were two other sites she had recently come across that were way overdue for their repairs. The Board agreed that telephone calls should be made to the owners. The status of the houses on Bonny Lane relative to sewer tie-ins were brought up by Dr. MacMillan. It was agreed that these need to be followed up with Town Council. MEETING DATE: The February meeting date will be Wednesday February 2, 1999 at 7:30 P.M. LOT 2 - WINDKIST FARM ROAD Page 3 - Minutes: January 27, 1999 Susan Ford brought up the issue of the Board's action at the December 14, 1998 meeting concerning an approved variance for septic system breakout for new construction that exceeded local authority underTitle 5. After some discussion it was agreed that Ms. Starr would contact Dave Ferris of the Nero DEP for guidance. FOOD ESTABLISHMENT INSPECTION STATUS Susan Ford updated the Board on the status of Food Inspectors and several establishments in town. The Board was informed that the Sutton St. Grille had closed and a Mexican restaurant was being proposed to be operated by Stephen Captain. Some discussion ensued about the need for more comprehensive training for all food handlers. On a motion by Dr. MacMillan, seconded by Gayton Osgood, the Board voted that all Food Handlers in the proposed new restaurant must be trained and certified ADJOURNMENT: On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to adjourn the meeting at 9:00 P.M.. µ-,ms John S . Rizza, D.M. D. , Clerk BOARD OF HEALTH MINUTES MARCH 9, 1999 Mr. Gayton Osgood called the meeting to order at 7:10 P.M. MEMBERS PRESENT: Gayton Osgood, Chairman,Francis P. MacMillan,M.D.,Member, Sandra Starr, Health Administrator. VARIANCE REQUEST-82 RALEIGH TAVERN LANE Engineer,Bill Dufresne of Merrimack Engineering appeared to request several variances- distance to wetlands, from 100' to 80'; use of a Geomembrane insttead of a concrete wall on the street side of the leach area for breakout,and a reduction in the separation to groundwater from 4 feet to 3 feet. On a motion by Dr. MacMillan, seconded by Gayton Osgood,the Board voted to grant the variances with the condition that all the toilets in the house be replaced with 1.6 gallon water saving toilets within 6 months. VARIANCE REQUEST-48 PADDOCK LANE Bill Dufresne of Merrimack Engineering presented the situation at 48 Paddock Lane. The septic system is being repaired and the house is being sold. The well was installed approximately 20 feet off the septic tank and there had been a problem with the leach area and solids carryover. To hold the leaching area the minimum of 100' from the well, a request for a waiver for distance to the wetlands to 50' instead of 100' is being made. The septic tank is being relocated at least 50' from the well. On a motion by Dr. MacMillan, seconded by Gayton Osgood,the Board voted to grant the variance to allow the installation of the leach area 50 feet from the wetlands instead of 100 feet. MASSAGE THERAPISTS Massage Therapists Michelle Hubbard, Lora Lee Kazanjian, and Barbara Swain appeared,requesting licensure in North Andover. Lora Lee Kazanjian was missing her TB test and was told that she could be licensed if evidence was submitted to the Health Department that she is free of TB. On a motion by Dr. MacMillan, seconded by Gayton Osgood,the Board voted to license Michelle Hubbard, Barbara Swain, and Lora Lee Kazanjian once her TB test was submitted, conditional upon the pertinent establishment passing inspection. Gayton Osgood proposed that in the future the licensing of massage therapists should be done administratively. This was discussed and the following action taken. On a motion by Dr. MacMillan, seconded by Gayton Osgood,the Board voted to have the Health Administrator license massage therapists in the future. Dr. MacMillan will review the medical histories and candidates will be required to appear before the Board only if there is a problem. RECOMMENDATION OF THE ANIMAL INSPECTOR Ms. Starr stated that she had spoken to Dr. Atwood and he is interested in being reappointed Animal Inspector. On a motion by Dr. MacMillan, seconded by Gayton Osgood,the Board voted to recommend the reappointment of Dr. Atwood as Town Animal Inspector. 1591 OSGOOD STREET- DISCUSSION Ms. Starr updated the Board on the recent correspondence from the owner's representative, Thomas Phalen,Jr.,concerning the installation of a grease trap at 1591 Osgood Street. Discussion ensued. The Board requested that a letter be sent to Mr. Chris Adams, owner of the property,stating that the previous vote of the Board of Health on January 27, 1999 concerning the installation of a grease trap stands as voted, that DEP concurs, that a plan will be required for the grease trap installation, and that if variances for technical issues only are required, then the owner should come to the Board. BOARD OF HEALTH ACTION PLAN There was some discussion concerning the draft of the action plan prepared by Ms. Starr. The Board expressed praise for the draft and recommended that the plan be completed and reviewed, after which it could be submitted to the Town Manager. ADJOURNMENT On a motion by Dr. MacMillan,seconded by Gayton Osgood,the Board voted unanimously to adjourn the meeting at 7:45 P.M. John S. Rizza, DMD, Clerk BOARD OF HEALTH i MINUTES April 28, 1999 Mr. Osgood called the meeting to order at 7:30 p.m. MEMBERS PRESENT: Gayton Osgood, Chairman,Francis P. MacMillan,M.D.,Member, John S. Rizza,D.M.D., Member, Sandra Starr, Heath Administrator, and Susan Ford, Health Agent, Debra Rillihan, Public Health Nurse. 162 ABBOTT STREET -REPAIR PLAN Fred Ford from Cammett Engineering spoke in regards to 162 Abbott Street. Currently there is an existing system which was inspected and failed. They are proposing a leach field and basically requesting two variances a. Section 5.02 Minimum setback from leach field to wetlands of 100' Request 51' b. Section 9.01 Minimum leaching bed size of 900 S.F. Request 840 S.F. Mr. Ford stated a sewer will be coming to Abbott Street;they have been trying to find out when the sewer will be coming. Mr. Osgood gave them a six month extension over the regulation that when the sewer does come, the tie-in would be done. Variance was granted to 50 feet to the wetlands, and the leach bed. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant the variances for 162 Abbott Street. LOT 2 (570) BOSTON STREET - SEPTIC SYSTEM INSTALLATION Ben Osgood could not make the meeting. A minor meeting ensued and a decision was made for Ben Osgood and Mark Rea to be put on the next agenda. 2 BONNY LANE -PETER HOUVOURAS - SEWER TIE-IN Susan Ford sent letters to three(3) homeowners on Bonny Lane regarding tie-ins to sewer. Mr. Peter Houvouras, 2 Bonny Lane responded to Mrs. Ford's letter. Mr. Osgood believes the matter should be referred to Town Council. Paperwork should be put together and a letter should be written to Mr. Bob Halpin to request access to Town CounseL Mrs. Ford will call the DPW for a new list on people who can have sewer tie- ins,Mrs. Ford will call and get the list. Page 2 Minutes: April 29, 1999 UPDATE PUBLIC HEALTH NURSE - DEBRA RILLIHAN Following three (3) families and will be picking two more up April 29, 1999 (tomorrow). These are families who are elderly and had a visiting nurse but were cut off from Medicaid. Her week comprises of 18 hours of helping families. Finished Hepatitis B at the Middle School, checking on Lyme disease for the Fire Department and Pertussis vaccine. There are a lot of people with Hepatitis C and Ms. Rillihan has been trying to follow-up on these people but she cannot locate them. Ms. Rillihan has been going to a Public Health meeting once a month. A motion was made by Dr. MacMillan to go into Executive Session, to discuss personnel issues. Dr. Rizza seconded the motion. Dr. MacMillan -yes, Dr. Rizza - yes, Gayton Osgood -yes. Mr. Osgood requested to go back into session when the Executive Session is over. Back in session at 8:25pm. MINUTES - on a motion by Dr. MacMillan, seconded by Dr. Rizza a motion was made to accept January and March, 1999 minutes. GREASE TRAP REGULATIONS A letter came in from Timothy Willett regarding the sewer back-up at Beijing Restaurant. The Board is open to having DPW come in to talk about having regulations for grease traps. FOOD REGULATIONS Mrs. Starr and Mrs. Ford would like to create regulations for food handlers. A series of questions were put to the Board for proposed regulations for food establishments. Training for all employees at some level. Questions - what kind of training and how much time/training required? The Board did agree to this with more detail. There have been some questions about stationary mobile food vendors. Do we allow it or not? The Board suggested that should go to the Board of Selectmen. Guidelines for acceptable training are required. For example, what courses will we accept for manager certification? How many hours should be involved in the training? What about the credentials of the institution where the training is taking place? The Board did agree to this. All shifts must be covered by a certified food handler. The Board agreed to this. Page 3 Minutes: April 28, 1999 i What will the penalties be if we come to the establishment and there is no certified person on the premises. Three times, your out. The Board would like to look at that more clearly. Ms. Ford said if the Board was interested,regulations will be written. Mr. Osgood proposed for extreme regulations. Dr. MacMillan requested making regulations about wearing gloves. ADJOURNMENT: On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted to adjourn at 8:55. r-4 Jo . Rizza, DMD, Clerk BOARD OF HEALTH MINUTES May 27, 1999 Mr. Osgood called the meeting to order at 7:10 p.m. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member, Susan Ford, Health Inspector, and Sandra Starr, Health Administrator. DISCUSSION - MINUTES: On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to approve the minutes of 4/28/99 as written DISCUSSION - FLOURIDE Mr. Osgood brought in an article about fluoride that stated fluoride could be harmful in excess. Mr. Osgood questions that it may not be necessary to have the fluoride in the water. Mr. Osgood wanted the Board to read the article and discuss it, and be aware. Mrs. Ford is going to call Linda Hmurchiak at the Water Treatment Plant to see about more information. Dr. MacMillan would like to also get information from the Department of Public Health in Boston. VARIANCE REQUEST - LOT 2 BOSTON STREET-BEN OSGOOD, JR. Ben Osgood, Jr. installed a septic system in the front yard of a new house. The driveway was suppose to hug the property line; there were some large trees they didn't want to take down so the driveway got moved over and there was a wall built. The base of the stone wall cuts into the slope two feet in elevation. This wall is 15 feet from the system; it's 6 feet closer than it should have been. The wall was not complete at the time the septic system was built. Title V allows you to cut into the slope with an acceptable engineering method. This is not a Title V variance, this is a North Andover variance because North Andover requires a concrete wall. They asked that a stone setting and mortar with a poly barrier be acceptable. This system will drain. On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to approve a variance for the stone wall instead of poured concrete and the poly barrier. Page 2 Minutes of May 27, 1999 DIANE PICKLES DIRECTOR OF HEALTHY COMMUNITIES TOBACCO PROGRAM: Mrs. Pickles appeared to speak to the Board about ticketing for violations of the tobacco regulations. Mrs. Pickles runs compliance checks to check on retailers who may be selling cigarettes to minors. The three issues of minor access are compliance checks, regulations, ticketing and issuing fines to establishments who may be selling cigarettes to minors. Mrs. Pickles staff with a police officer and child would send the child into the establishment to see if the retailer would sell tobacco to minors. If the retailer did, the officer along with Mrs. Pickles or one of her staff would go into the establishment and they would be cited and fined. If there is a reoccurrence with the establishment there are different levels of fines depending on how many violations the establishment has been cited for. Andover and Methuen are now ticketing. The Healthy Communities staff needs to be deputized. Mr. Osgood believes a letter should go out to all establishments with the Board of Health members signatures telling the establishments about the compliance checks and protocol, ticketing and fines. Mrs. Ford suggested the letter should go out to the establishments along with their permit renewals. Mrs. Pickles and her two staff members would be deputized by the Board of Health and have the staff give out the tickets. The staff members are Nancy Marino, Diane Pickles, Ashley Martin. If a ticket is issued, a copy goes to the clerk's office and a copy to the Board of Health. An officer is generally present when a ticket is issued. The program is working in the community to make people aware of the dangers of cigarettes also. On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to initiate ticketing and have the staff be deputized by the Board of Health. DISCUSSION- FOOD REGULATIONS.: Last Board meeting a discussion ensued about food regulations concerning food handling and certification. Mrs. Ford brought to the Board of Health for discussion a draft from the state regarding food regulations that were originally proposed regarding Certification and Handling & Employee Health. There is a paragraph in the "draft for discussion" from the state about having documentation that the person in charge has demonstrated knowledge of food safety as specified in 590.002(B) that shall be prominently posted in the establishment next to the food establishment permit. Such documentation shall be removed when the individual(s) is no longer employed by the establishment. Mrs. Ford Page 3 Minutes of May 27, 1999 liked this idea. In Employee Health, etc. the draft goes into great detail about certain recommended regulations. Also "Preventing contamination from hands" the state is backing off on the proposed regulations. Dr. MacMillan suggested creating the Town's own regulations. The Board will look over the draft state proposed regulations and get some ideas of what is important and what is not. DISCUSSION - MEHA COMPLIANCE BASED SURCHARGE FOR FOOD ESTABLISHMENTS: Mrs. Starr talked about the information she received from Brookline and how food establishments can be fined for violations and ticketed as a surcharge. It is acting strongly as a deterrent. If there is a violation at an establishment the surcharge pays for the reinspection. Mr. Osgood replied what is fine for Brookline may not be fine for this Town; he believes that the Town will resent it if every time they turn around they are being charged for something. Mr. Osgood believes we should be promoting the public health. Mrs. Starr stated that there are some people who just don't take care of the violations. Mrs. Starr suggested that using surcharging may avoid court cases. Mrs. Starr believes that the Board should look at the article and evaluate it. Mr. Osgood said he will look at it. Mrs. Ford brought up an idea about a comment box where people can drop off comments on a card into the box about employee health. Dr. MacMillan said he didn't want the Board to get the reputation of being an ogre. Mr. Osgood would like to look at the information and discuss it. ADJOURNMENT: On a motion by Dr. MacMillan, seconded by Mr. Osgood, the Board voted unanimously to adjourn at 8:20pm. John S. Rizza, DMD, Clerk