Loading...
HomeMy WebLinkAbout2021-02-25 Board of Health Minutes North Andover Board of Health Meeting Minutes Thursday—FEBRUARY 25,2021 7:00 p.m. VIRTUAL MEETING Live broadcast can be heard on www.northandovercam.org Present: Joseph McCarthy,Dr.Patrick Scanlon,Michelle Davis,Daphne Alva-LaFleur,Max Tilson,Brian LaGrasse,Stephen Casey Jr,Caroline Ibbitson and Toni K.Wolfenden. I. CALL TO ORDER The meeting called to order at 7:01 pm. Chairman Joseph McCarthy read the following statement: Pursuant to Governor Baker's March 12,2020 Order Suspending Certain Provisions of the Open Meeting Law,G.L.c.30A, Section 18,and the Governor's March 15,2020 Order imposing strict limitation on the number of people that may gather in one place,this meeting of the North Andover Board of Health will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the Town's website,at www.northandoverma.gov. For this meeting, members of the public who wish to watch the meeting may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercam.org. No in-person attendance of members of the public will be permitted,but every effort will be made to ensure that the public can adequately access the proceedings in real time,via technological means. In the event that we are unable to do so,despite best efforts,we will post on the Town of North Andover website an audio or video recording, transcript,or other comprehensive record of proceedings as soon as possible after the meeting. If the public would like to participate in public hearings please email your question/comment prior to or durin¢the meeting to blagrasse(aDnorthandoverma.¢ov The question/comment will be read during the proceedings and responded to accordingly. IL APPROVAL OF MINUTES Meeting Minutes from December 17,2020 presented for signature. Motion made by Michelle Davis to approve,motion seconded by,Dr.Patrick Scanlon,all in favor and the minutes approved.(5-0-0) Meeting Minutes from January 28,2021 presented for signature. Motion made by Michelle Davis to approve,motion seconded by Dr.Patrick Scanlon,all in favor and the minutes approved.(5-0-0) 2021 North Andover Board of Health Meeting Page 1 of 4 Board of Health Members:Joseph McCarthy,Chairman;Michelle Davis,RN,Clerk/Member;Daphnee Alva-LaFleur,Member; Dr.Patrick Scanlon,DO,Town Physician/Member;Max Tilson MD,Member Health Department Staff:Brian LaGrasse,Health Director;Stephen Casey Jr.,Health Inspector;Caroline Ibbitson,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant III. PUBLIC HEARINGS Present for the Hearing—Town Resident,Adam McClellan, 115 Windkist Farm Road,Town Resident,Christopher W.Jennings 120 Windkist Farm Road,Officer Gordon,Sergeant Daily,Town Counsel,Suzanne Egan MOTION made by Daphnee Alva-LaFleur to Open the Public Hearing. Seconded by Dr. Patrick Scanlon. All in favor and the motion approved.(5-0-0)7:06 pm Mr.Adam McClellan held an indoor gathering on December 31,2020 located at his home, 115 Windkist Farm Road. Police responded for a loud gathering complaint.A fine was issued by the Health Department for$3,900.00. The public hearing was requested by Mr.McClellan to appeal the notice of violation. The Town Residents,Board of Health,Health Department,Town Counsel and Police Department discuss the event. MOTION made by Joseph McCarthy to Close the Public Hearing. Seconded by Dr.Patrick Scanlon. All in favor and the motion approved.(5-0-0)7:43 pm MOTION made by Joseph McCarthy to break down each violation. Seconded by Michelle Davis.All were in favor and the motion approved. (5-0-0)7:44 pm MOTION made by Michelle Davis that the Board of Health has unanimously consent that there was more than 10 people inside and more than 25 people outside of 115 Windkist Farm Road on December 31,2020. Seconded by Daphnee Alva-LaFleur. All were in favor and the motion was approved.(5-0-0)Fine remains$1300 MOTION made by Dr.Max Tilson to waive the fine for violation of Emergency Order No.55 and 59 failing to adhere to the proper"social distancing"of guests requirements and thereby endangered the general public by creating a public health nuisance. Motion seconded by Michelle Davis. All were in favor and the motion approved. (5-0-0) MOTION made by Dr.Max Tilson to adhere a fine for Order No.55 mandating the"wearing of facial coverings,including masks". Motion seconded by Dr.Patrick Scanlon. All were in favor and the motion was approved.(5-0-0) MOTION made by Daphnee Alva-LaFluer to keep the fine for Order No.55 mandating the"wearing of facial coverings,including masks"as-is. Seconded by Dr.Max Tilson.(2 Alva-LaFluer&Tilson approve- 2 Scanlon&Davis disapprove-0),Decision is made by Chairman Joseph McCarthy to reduce fine from$1300 to$300. Brian LaGrasse will send a letter to Mr.Adam McClellan summarizing the vote with the total fine of $1600. IV. DISCUSSION A. COVID19 Brian LaGrasse discusses the trends with COVIDI9. As of today,North Andover has 38 positive active cases not including nine at Merrimack College. The town is seeing less than 10 active new cases per day. The Commonwealth of Massachusetts reported 1900 new cases out of 118,000 tests. The percent positivity rate is at 1.8%over a seven-day period. Hospitalizations are down to 853. The town's first responders have received their vaccinations as part of Phase 1,which includes police,fire,emergency management, clinic staff,and nursing staff. Phase 2 has opened,which includes people who are 75 years old and over. The only way for the elderly to sign up for an appointment was online. This proved to be very difficult because there was no assistance line. Various departments received thousands of phone calls requesting help. Data was pulled from the senior center,town clerk,police department and rave alert information to produce a spreadsheet of residents who are 75 years or older. There are 2,000 total residents aged 75 and over. Town employees gathered phone numbers and called residents to see if a vaccine was needed,if it was wanted and if assistance was needed. Melissa Rodrigues,Town Manager, Laurie Burzlaff,Town Managers Executive Assistant,Bonnie Wolstromer,Planning Department Assistant, Trudy Reid,Patricia Sifferlen and Suzanne Pelich,Town Clerks Office,Joanna Collantine, Stevens Estate;worked tirelessly to North Andover Board of Health Meeting Minutes Thursday—FEBRUARY 25,2021 7:00 p.m. VIRTUAL MEETING Live broadcast can be heard on www.northandovercam.org get the information needed for outreach. Town seniors are being called to place names on lists to find out what they need to sign them up for a clinic. Unfortunately,the health department will not be receiving any more vaccine on a local level at this point. All vaccines received in from the commonwealth are being diverted to health care centers,hospitals and the mass vaccination sites. The health department has been collaborating with different entities such as CVS,and Greater Lawrence Family Health Center(GLFHC) on getting clinics set up for the town's residents. The GLFHC completed a clinic at the Youth Center on Saturday,February 20,2021. If any information is received about additional vaccine or clinics opening in town,the health department will release the information and assist with booking appointments. Vaccination supplies coming in from the federal government is limited. Caroline Ibbitson— A vaccination clinic was held for 75+at Merrimack College on Saturday February 20,2021. These residents received their first dose of Moderna. There was close to 400 vaccinations total given for 65 and older,not including the GLFHC clinic at the Youth Center. The second doses for vaccination clinics will be received. Stephen Casey- Massachusetts is moving into Phase 3, Step 2 on March 1,2021. This phase will involve indoor performance venues,indoor recreational activities,capacity limits,6 foot spacing in restaurants with a 6 person table sitting in additional to a 90 minute time limit per table. The tentative date for Phase 4 is March 22,2021. This phase will allow indoor and outdoor stadiums,arenas and ballparks to open at a 12% capacity. Stephen is drafting a letter to the governor's office regarding the vaccine allotment being removed from the health department. The removal of the vaccine adds additional barriers for town residents. Registration is difficult and time consuming and traveling long distances can be a burden. Mass vaccination clinics are useful which the state is focusing but there is a key element to maintaining an ability at the local level to vaccinate and to be readily available for our residents. Upon completion,the letter will be sent to the Board and Suzanne Egan,Town Counsel for review and edits. Restaurant openings continue, as well as inspections for offal haulers,and mobile food units. Complaints have slowed. A small number of fines have been issued due to mask violations. 2021 Food Establishment Permits are due on February 28,2021. Stephen continues to answer COVIDI9 related questions for the town residents and establishments. Joseph McCarthy Discusses Massachusetts heading towards herding. V. ADJOURNMENT MOTION made by Dr.Max Tilson to adjourn.Dr.Patrick Scanlon seconded and all were in favor.(5-0-0) 8:27pm 2021 North Andover Board of Health Meeting Page 3 of 4 Board of Health Members:Joseph McCarthy,Chairman;Michelle Davis,RN,Clerk/Member;Daphnee Alva-LaFleur,Member; Dr.Patrick Scanlon,DO,Town Physician/Member;Mail Tilson MD,Member Health Department Staff:Brian LaGrasse,Health Director;Stephen Casey Jr.,Health Inspector;Caroline Ibbitson,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant Prepared by: Toni K. Wolfenden, Health Dept.Assistant Reviewed bv: All Board of Health Members&Brian LaGrasse, Health Director Sijzned by: 31Z5, 12- 1 fiche Davis, Clerk of the Board Date Signed Documents Used At Meeting: Agenda Notice of Violation Email—Appeal Hearing for Adam McClellan 115 Windkist Farm Notice North Andover Police Report Revised Order Requiring Face Coverings in Public Places—COVID19 Order No.55 Order Temporarily Applying Further Capacity Restrictions to Statewide COVID19 Safety Rules—COV ID 19 Order No.59 Part I.Administration of the Government Title XVI.Public Health MMA,Massachusetts Municipal Association Letter to Governor Baker North Andover Board of Health Meeting Agenda Thursday, February 25, 2021 7:00 pm VIRTUAL MEETING Live broadcast can be heard on www.northandoverma.gov I. CALL TO ORDER II. APPROVAL OF MEETING MINUTES A. January 28,2021 B. December 17,2020 Ill. NEW BUSINESS A. Appeal Hearing Notice of Violation-Adam McClellan, 115 Windkist Farm Road IV. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSIONS A. COVIDI9-Updates V. ADJOURNMENT Pursuant to Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, Section 18, and the Governor's March 15, 2020 Order imposing strict limitation on the number of people that may gather in one place, this meeting of the North Andover Board of Health will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the Town's website, at www.northandoverma.gov. For this meeting, members of the public who wish to watch the meeting may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercam.org. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the Town of North Andover website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. If the public would like to participate in public hearings please email your question/comment prior to or during the meeting to blagrassetaD_northandoverma.gov The question/comment will be read during the proceedings and responded to accordingly. 2021 North Andover Board of Health Meeting-Meeting Agenda Page 1 of 1 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Joseph McCarthy,Chairman;Michelle Davis,RN,Clerk/Member;Daphnee Alva-LaFleur,Member; Dr.Patrick Scanlon,D.O.Town Physician/Member;Dr.Max Tilson,MD,Member Health Department Staff:Brian LaGrasse, Health Director;Stephen Casey,Public Health Inspector;Caroline Ibbitson,RN,Public Health Nurse;Toni K.Wolfenden, Health Department Assistant. MMAI Massachusetts One Winthrop Square,Boston,MA02110 Municipal 617-426-7272 800-882-1498 fax 617-695-1-1314 Association www.mma.org February 18,2021 His Excellency Charles Baker Governor of the Commonwealth State House Boston,MA 02133 Delivered Electronically Dear Governor Baker, On behalf of communities across the state,we want to start by expressing our deep appreciation for your exemplary leadership over the past year as the Commonwealth has faced an unprecedented challenge in the COVID-19 pandemic. We want to especially thank you and Lieutenant Governor Polito for your administration's consistent engagement with local government on the countless issues that we have had to face together to mitigate the impacts of the virus. Though state and local leaders may not agree on every decision that has been made,we firmly believe that the level of mutual support and partnership between state and local government here in Massachusetts has been a national model of success in fighting the virus. As the vaccination campaign continues and the supply from the federal government increases, we request that your administration consider restoring a stronger vaccine distribution role for those local public health departments with the capacity and desire to serve. We have two specific requests related to this. First,we are askingthat hat you consider empowering local health and fire departments to vaccinate teachers,public works employees and other essential workers in our communities once they become eligible to receive the vaccine.No city or town would contest that there exist certain economies of scale at mass vaccination sites that cities and towns cannot achieve,nor are we suggesting local clinics can take the place of these mass vaccination sites,particularly once we reach Phase 3. Rather,we believe that allowing municipalities to continue to request modest doses through the conclusion of Phase 2 would allow local officials to reach targeted populations of vulnerable communities and essential personnel on the front lines of the pandemic, especially when these individuals are living or working in the community. Second,as the supply of doses increases,we ask that that you consider allowinglocal ocal governments the ability to vaccinate other segments of the population as they become eligible. As the vaccination process continues,those who are vaccine hesitant will grow as a percentage of the remaining eligible population. Local governments are well equipped to serve as connectors to residents who may be hesitant,unwilling or unable to travel to the mass vaccinations sites established by the state. Cities and towns want to be partners with the state as we race toward achieving herd immunity, and we are confident that we can be strong contributors in this effort given our existing public health infrastructure and perhaps even more importantly, our relationships with our residents. We respectfully ask that you consider these requests as the vaccination process progresses. At the same time the MMA and local officials make a commitment to you. Communities stand ready to execute the roles that you have identified in your February 17 announcement. Those residing in senior housing,homebound seniors and hard-to-reach individuals will be vaccinated by local health departments and/or through locally driven partnerships, and councils on aging will continue to work to connect residents with appointments at vaccination sites across the Commonwealth. Cities and towns are partners with you in this unprecedented challenge. We're all on the same team, fighting a common enemy. We all want to vaccinate the residents of Massachusetts in the most efficient, equitable and effective manner possible, leaving no person behind. Local public health departments and local public health professionals have spent decades planning,training and preparing for emergency distribution of vaccines. This is a well-deserved point of pride for local public health professionals,and though no one ever wanted this pandemic to occur, its existence provided an opportunity for local public health departments to put this investment in planning and training to good use as part of the current vaccine distribution plan. Part of the frustration that cities and towns are feeling is that they have worked so hard to engage and ramp up over the past several months,with an expectation that their role would be central to the vaccine distribution process. Hindsight is always easier,but if the state's decision to construct the vaccine delivery around mass sites for maximum efficiency had been announced in December,the frustration would have been replaced with conversation and planning around how municipalities could complement and fit within this system. We are committed to working with you to close any future communication gaps, so that communities can move together with you as partners. Thank you in advance for your consideration. We look forward to continued engagement and partnership with you and your team in the weeks and months ahead. Sincerely, Adam Chapdelaine Ruthanne Fuller President, MMA Vice President, MMA Town Manager, Town of Arlington Mayor, City of Newton Geoffrey C. Beckwith Executive Director&CEO, MMA cc: The Honorable Karyn Polito,Lieutenant Governor of the Commonwealth Secretary Marylou Sudders, Executive Office of Health and Human Services NORTH ANDOVER Massachusetts Toni Wolfenden <twolfenden@northandoverma.gov> 115 Windkist Farm Notice of Violation Appeal Hearing 1 message Brian LaGrasse <blagrasse@northandoverma.gov> Tue, Feb 23, 2021 at 12:56 PM To: Patrick Scanlon <pscanlon@northandoverma.gov>, Joe McCarthy<joemccvam@comcast.net>, Max Tilson <mtilson@northandoverma.gov>, Daphnee Alva <dalva@northandoverma.gov>, Michelle Davis <mbdavis@northandoverma.gov>, Caroline Ibbitson <cibbitson@northandoverma.gov>, Stephen Casey <scasey@northandoverma.gov>, Toni Wolfenden <tolfenden@north andoverma.gov>, Suzanne Egan <segan@northandoverma.gov> Here is the documentation for the appeal hearing we have this week. On New Years Eve the PD broke up a large gathering and sent me the report(attached) We issued a Notice of violation and a fine under both the Governor's Orders and Mass General Laws totalling $3,900. The violation is pretty egregious which is why the fine is so much. $300 for each violation of the Gov Orders (Masks, gathering limits and social distancing)and then $1000 for each of those as well under MGL's. The homeowner has appealed the fine and we have a hearing. Take a look and let me know if you have any questions! You will have the option to withdraw, amend or uphold the notice of violation and fines issued. Withdrawing it will eliminate the fines, amending it gives you the ability to reduce the fines and upholding it keeps the violations and fines as is. Fun stuff... Please let me know if you are not able to make it this Thursday night. Just want to make sure we have a quorum. Thanks! Brian J. LaGrasse, CEHT Director of Public Health Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email blagrasse@northandoverma.gov Web www.northandoverma.gov 4 attachments 115 Windkist Farm BOH Packet.pdf 545K Order 55.pdf 252K fl Order 59.pdf 314K An CH 111 Sec 122, 123, 124, 125.pdf 10K North Andover Health Department Community and Economic Development Division NOTICE OF VIOLATION UNDER MASSACHUSETTS EMERGENCY COVID ORDERS AND M.G.L. c. 111, § 122 Date: January 12,2021 Adam Jason McClellan 115 Windkist Farm Rd. North Andover,MA 01845 RE: December 31,2020 Violation of COVID-19 Emergency Orders Dear Mr.McClellan, Please be advised that on December 31,2020 you violated Governor Barker's Emergency Orders Number 55 and 59 by holding an indoor gathering at 115 Windkist Farm Road,North Andover, of more than 5 people per 1000 square feet and are therefore are subject to penalties under the law and the Emergency Orders. Governor Baker's Emergency Order No. 59 prohibits indoor gatherings of more than 5 people per 1,000 square feet. Emergency Order No. 55 mandates that attendees of gatherings of more than 10 people not in the same household must wear face coverings and maintain a physical distance of more than 6 feet. The Board of Health received the following report from the North Andover Police Department: on December 31, 2020,at 9:15pm,the North Andover Police Department responded to 115 Windkist Farm Rd. for a loud gathering complaint. The property owner estimated 75 to 125 people were inside in attendance inside the house. The police reported that no attendee was wearing a face covering or maintaining the social distancing requirements of staying 6 feet away from each other. The North Andover Board of Health hereby issues a NOTICE OF VIOLATION and levies a FINE in the amount of$300 Per violation for hosting a large gathering with no mask use and no social distancing in violation of Emergency Orders 55 and 59 at 115 Windkist Farm Road, North Andover. Page I of 3 North Andover Health Department 120 Main Street North Andover,MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 North Andover Health Department Community and Economic Development Division NOTICE OF VIOLATION UNDER MASSACHUSETTS EMERGENCY COVID ORDERS AND M.G.L. c. 111, § 122 The NOTICE OF VIOLATION and fine have been issued for the reasons stated below and for also endangering the general public by general nuisance violation of M.G.L. c. 111,§122 in the amount of$1,000 per violation. The specific violation(s)leading to the issuance of this Notice of Violation include the following: IW You violated Governor Baker's Emergency Order No. 55 mandating the wearing of facial coverings,including masks, by holding an indoor gathering were no attendee wore a face covering or maintained social distancing and thereby endangered the general public by creating a public health nuisance. M.G.L. c. 111, §122 0 You violated Governor Baker's Emergency Order No. 59 regulating maximum premises capacity (5 people per 1,000 Square feet)by holding an indoor gathering with between 75- 100 attendees and thereby endangering the general public by creating a public health nuisance. M.G.L. c. 111, §122 tg You violated Governor Baker's Emergency Order No. 55 and 59 by failing to adhere to the proper"social distancing" of guests requirements and thereby endangered the general public by creating a public health nuisance. M.G.L. c. 111, §122 A violation of Governor Baker's Order No. 55 and 59 is penalized by the imposition of a civil fine of an amount up to$300 per violation,in the manner provided for in M.G.L. C. 277, § 70C, and M.G.L. c 40, §21D. A violation of M.G.L. c. 111, §122 is penalized by a civil fine of$1000 per violation. Such a fine is being levied against you for the violations listed above. You are hereby ordered to pay the amount of$3,900 by check or money order made payable to the Town of North Andover within twenty-one(21)days of receipt of this NOTICE to the address below. You have the right to request a hearing before the Board of Health if you feel this NOTICE OF VIOLATION should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7)days from receipt of this NOTICE. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this NOTICE should be modified or withdrawn. All affected parties will be informed of the date,time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have a right to inspect and obtain copies of all relevant records concerning the matter to be heard. Page 2 of 3 North Andover Health Department 120 Main Street North Andover,MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 North Andover Health Department Community and Economic Development Division NOTICE OF VIOLATION UNDER MASSACHUSETTS EMERGENCY COVID ORDERS AND M.G.L. c. 111, § 122 If you have any questions, comments or concerns,please feel free to call me between the hours of 8:00-4:30 on Monday, Wednesday and Thursday, 8:00-6:00 on Tuesday and 8:00-12:00 on Friday. Any questions regarding this matter can be answered through the North Andover Health Department. Sincerely, Z rian aGrasse, North Andover Public Health Director Sent via: CERTIFIED MAIL# and; Regular First Class Mail CC: Melissa Murphy-Rodrigues,Town Manager Suzanne Egan,Town Counsel i I I Page 3 of 3 North Andover Health Department 120 Main Street North Andover,MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 North Andover Police Department Page: I Summons Report 01/05/2021 Summons It: 20NOB-18545-AR Call 20-18545 Date/Time Reported: 12/3-1/2020 @ 2111 Arrest Date/Time: 12/31/2020 @ 2253 OBTN.* TNOH202001941 Reporting Officer: Patrol Officer William Gordon Approving Officer: Sergeant Jay Staude Signature: Signature: I MCCLELLAN, AnM1 JASON bi W 42 528-75-1254 801-404-6336 115 WINDKIST PAR14 RD NORTH ANDOVER MA 01845 Military Active Duty: N BODY: NOT AVAIL., COMPLEXION: NOT AVAIL. DOB: 12/29/1978 PLACE OF BIRTH; NOT AVAIL. LICENSE NUMBER: MA 359566634 ETHNICITY: NOT HISPANIC [CONTACT INFORMATION] Rome Phone (Primary) 001-404-6336 OFFENSE(S) ATTE14PTED TYPE LOCATION TYPE- Residence/Home/Apt./Condo Zone: Sector 4 115 WINDKIST FARM RD NORTH ANDOVER 14A 01845 I NOISY & DISORDERLY HOUSE, KEEP N Misdemeanor 272/53/1 272 53 OCCURRED: 12/3112020 2253 0 VICTIM(S) $F.X.*RACE AGE SSN PHONE I RODRIGUEZ, JACKSON Af U 00 NOT AVAIL 701-513-5577 WINDKIST FARM RD NORTH ANDOVER MA 01845 DOB: NOT AVAIL ETHNICITY. Unknown RESIDENT STATUS: Unknown VICTIM CONNECTED TO OFFENSE NUMBER(S) : I CONTACT INFORMATION: Home Phone (Primary) 781-513-5577 North Andover Police Department Page: 1 NARRATIVE FOR PATROL OFFICER WILLIAM G GORDON Ref.- 2 0NOH--185 45-AR Entered: 12/31/2020 @ 2306 Entry ID: 487 Modified: 01/01/2021 @ 0011 Modified ID: 407 Approved: 01/01/2021 @ 0830 Approval ID: 403 1,William Gordon of the North Andover Police Department report the following summary of facts: On 12/3112020,1 was assigned to marked cruiser#308 and patrol sectors#3 and 4 for my assigned 4PM to 12AM shift. At approximately 9:13PM,I was dispatched to a disturbance call of a loud party on Wind kist Farm Rd.The call ' had been at minimum the second call by a concerned citizen regarding the noise in the area.The reporting party t for the second call was Jackson RODRIGUE%. I responded to Wind kilt Farm Rd. and drove to the end of the cul - de sac and observed at least 40 to 60 parked cars on the grass and in the driveway at the residence of 115 Wind kist Farm Rd.I also observed at least 2 different party buses dropping off people in the driveway at the residence. I knew this to be in violation of the governor's maculated gathering orders and immediately called the Officer in charge Sgt. Staude to inform hint of the violations and requested his guidance.Sgt. Staude informed me that he was going to talk to the command staff and to await further instructions. I sat in the roadway and observed multiple people entering the residence and several neighbors looking outside their windows at the large gathering. All parties were entering the interior of the residence at 115 Wind kist Farm Rd.where the music was playing.I remained in my vehicle and the involved party Adam MCCLELLAN walked rip to my patrol vehicle. He asked if there was an issue.I reported t0 him their was and the neighbors had called about his party or gathering. I also informed him of the governor's guidelines regarding gatherings. MCCLELLAN stated he was aware of the guidelines and thought they were only recommended. I told him I was awaiting further instruction and to go back into his residence until requested.MCCLELLAN was fully cooperative and followed the instructions.He also gave his phone number to be contacted so I could inform him of the outcome. I received a phone call from Sgt. Staude and lie informed me that patrol supervisor Sgt.Daley, Officers Furman and McGettrick,as well as officers fiom the Andover police and State Police would assist in shutting down the gathering. Once all patrol assets were gathered we proceeded to the residence of 11 S Windkist Farm Rd. and made contact with the home owner MCCLELLAN.MCCLELLAN was advised by Sgt.Daley to shut down the gathering and to turn the music down. MCCLELLAN was cooperative and agreed to let no further persons enter his residence. MCCLELLAN was asked for a possible head count at his residence.MCCLELLAN reported he did not have an accurate count but possibly estimated between 75 to 125 people.MCCLELLAN did not want to provide or disclose the names of the people in his residence. MCCLELLAN was told that he would be summonsed for Keeper of a Disorderly House and units would remain in the area until the gathering had decreased to an approved safety limit. MCCELELLAN was summonsed with the following offense Keeper of a Disorderly House MGL 272 Section 53 Adam McClellan 115 Windkist Farm Rd North Andover,MA 01845 801.404.6336 McClellan.adarn@gmail.com January 20, 2021 North Andover Health Department, I am responding to a notice of violation I received the morning of 1/20/2021 by mail. The notice was dated 1/12/21 and stated a response was due within seven days of receipt. It also states it is a certified letter,to which I never signed for or received in person. I've been out of town and just checked my mailbox today and saw the notice. I would to formally request a hearing before the board of health in an attempt to have this violation withdrawn. On the evening of 12/31/20201 had a small gathering at my home. Everyone was wearing masks inside the home and additional masks were provided for all.There were social distancing signs and stickers all over the floor and home stating to stay 6 feet apart. And the majority of guests were outdoors at all times. There was never a time in which officials counted the number of guests nor did they tell me to shut down the event. I was fully cooperative with officials when they arrived and was told to go back inside and continue on, and that there would be no issue so long as noise ordinances were followed,which they were. My concern is I'm being fined an amount based on assumptions and a wild guess at best. Regards, R Adam McClellan 2 ?1 JAN 7 TOWN of NORiH ANDOVER }1EA<TH OEPARTME%T North Andover Health Department Community and Economic Dovelopment Division February 9,2021 Adam McCleIlan 115 Windkist Farm Road North Andover,MA 01845 RE; Request for a hearing before the Board of Health Adam.McClellan; The Health Department has received your request for a hearing regarding the Board of Health Notice of Violation dated January 12,2021. As requested, the hearing has been placed on the agenda for the Board of Health meeting on Thursday,February 25, 2021.The.meeting shall take place remotely,a google meets link will be sent to you electronically. The meeting invite will be sent to the email address you provided, mcclelian.adam®gmail.com, Please confirm this email address is correct prior to the meeting. The Board of Health meeting will begin at 7:00 PM. At the hearing you shall be given the opportunity to be heard,to present witnesses or documentary evidence,and to show why the Notice of Violation should be modified or withdrawn. Please feel free to call me if you have any question,comments or concerns. Since•ely, n � � ian J.LaGrasse,CEHT North Andover Director of Public Health Cc: BOH File Suzanne Egan,Town Counsel Page 1 of I North Andover Health Department 120 main Street North Andover,MA 01845 Phone: 978.688.9540 Fax: 978,688.9542 OFFICE OF THE GOVERNOR COMMONWEALTH OF MASSACHUSETTS STATE HOUSE • BOSTON, MA 02133 } (617) 725-4000 CHARLES D. BAKER KARYN E. POLITO GOVERNOR LIEUTENANT GOVERNOR REVISED ORDER REQUIRING FACE COVERINGS IN PUBLIC PLACES COVID-19 Order No. 55 WHEREAS,on March 10, 2020, I, Charles D. Baker, Governor of the Commonwealth of Massachusetts, acting pursuant to the powers provided by Chapter 639 of the Acts of 1950 and Section 2A of Chapter 17 of the General Laws, declared that there now exists in the Commonwealth of Massachusetts a state of emergency due to the outbreak of the 2019 novel Coronavirus("COVID-19"); WHEREAS,on March 11,2020,the COVID-19 outbreak was characterized as a pandemic by the World Health Organization; WHEREAS,the Federal Centers for Disease Control(the"CDC")have determined that COVID-19 is spread mainly by person-to-person contact and that the best means of slowing the spread of the virus is through practicing social distancing and by minimizing personal contact with large groups and environments where the virus may be transmitted; WHEREAS,the Department of Public Health continues to urge all residents of the Commonwealth to limit activities outside of the home and to practice social distancing at all times to limit the spread of this highly contagious and potentially deadly virus; WHEREAS,public health experts have determined that it is possible for an infected individual to transmit COVID-19 even when the individual does not exhibit symptoms of the virus; WHEREAS,the CDC and the Department of Public Health have advised individuals to wear cloth face coverings when they are outside of the home in order to prevent transmission of t this highly contagious virus; 1 9 P.—off R—Pn . WHEREAS,on May Ist,2020,I issued COVID-19 Order No. 31,which required face coverings to be worn in public settings where social distancing is not possible,and at all times in retail stores and on public transportation; WHEREAS,the Centers for Disease Control and Department of Public Health have found increasing evidence that face coverings help prevent people who have COVID-19 from spreading the virus to others; WHEREAS,the Commonwealth has seen an increase in cases since its lowest point in July,and there has been a steep increase in cases during the month of October. On September 26th,the 7-day daily average of new confirmed cases was 385,whereas on October 31 st,the 7- day daily average of new confirmed cases was 1,214; WHEREAS,the Commonwealth's COVID-1 9-related hospitalizations and COVID-19 Intensive Care Unit(ICU)census has more than doubled over the past 2 months. On August 31, the number of individuals in the hospital with a confirmed or suspected case of COVID-19 was 290, whereas on November 1,the number of individuals in the hospital with a confirmed or suspected case of COVID-19 was 613. The COVID-19 ICU census was 47 on September 9, 2020,whereas on November 1,the COVID-19 ICU census was 113,with 55 individuals intubated. As of November 1, 67%of hospital beds were full and during the month of October, a number of hospitals reported using surge capacity. WHEREAS,left unchecked,the current COVID-19 case growth poses a risk to the Commonwealth's healthcare system, and intervention is warranted to moderate case growth and preserve hospital capacity; and WHEREAS, sections 7, 8, and 8A of Chapter 639 of the Acts of 1950 authorize the Governor, during the effective period of a declared emergency,to exercise any and all authority over persons and property necessary or expedient for meeting a state of emergency,including but not limited to authority over assemblages and pedestrian travel in order to protect the health and safety of persons;transportation or travel;regulation of the sale of articles of food and household articles; and the policing,protection,and preservation of public and private property; NOW,THEREFORE,I hereby Order the following: 1. Requirement to Wear a Face Covering: Except as provided in Section 2, all persons in Massachusetts over the age of 5 years old are required to wear a mask or cloth face covering over their mouth and nose when in a public location,whether indoors and outdoors. Masks or face coverings are encouraged but not required for children between the ages of 2 and 5. Public locations include any place open to the public including,without limitation, grocery stores,pharmacies, and other retail stores;public transportation,taxis, livery, and other ride- sharing vehicles;public streets and ways; and any location that hosts indoor or outdoor 2 events or performances. Masks or cloth face coverings are also required when in a carpool with non-household members. All persons are strongly discouraged from using medical-grade masks to meet the requirements of this Order, as medical-grade masks should be reserved for healthcare workers and first responders. If a customer refuses to wear a mask or cloth face covering for non-medical reasons,the operator of a facility or business may decline entry to the individual. 2. Exceptions: The face coverings requirement in Section 1 shall not apply in the following circumstances: a. Where a person is unable to wear a mask or cloth face covering due to a medical or disabling condition;provided that a person who declines to wear a mask or cloth face covering because of a medical or disabling condition shall not be required to produce documentation verifying the condition,except as provided in Section 3; b. Where a face covering would impede communication by or with a person who has a hearing impairment or other disability; c. When a person is inside a personal vehicle,alone or with other household members only; d. Where applicable sector-specific COVID-19 safety rules issued by the Department of Public Health,the Department of Labor Standards,the Executive Office of Energy and Environmental Affairs,the Department of Elementary and Secondary Education, the Department of Early Education and Care or by any other agency authorized by Executive Order to issue such rules permit the removal of face coverings in specific circumstances, such as while eating and drinking in restaurants,receiving dental care, or swimming; and e. In circumstances or for other populations that the Commissioner of Public Health may exempt in writing from the terms of this Order 3. Places of Employment and Schools: Where an employee or other worker who is required to wear a face covering pursuant to this Order or any other applicable rule requests an accommodation so as not to have to wear a face covering at the workplace due to a medical or disabling condition, an employer may require documentation to verify the condition. If a student is unable to wear a face covering because of a medical or disabling condition and will be participating in in-person learning,the school may likewise require documentation to verify the condition. 4. Enforcement: The Department of Public Health,Local Boards of Health, and authorized agents pursuant to G. L. c. 111, § 30, are authorized to enforce this Order and,if necessary, may do so with the assistance of State or municipal police. The MBTA Transit Police are authorized to enforce this Order on the MBTA bus,rail and transit system.Violation of the terms of this Order or Department of Public Health Guidance may result in a civil fine of up 3 to $300 per violation,in the manner provided for non-criminal disposition of violations of municipal by-law,ordinance,rule, or regulation pursuant to G.L. c. 40, § 21D. 5. Guidance: The Commissioner of Public Health is directed to issue guidance, subject to my approval,to implement the terms of this Order. 6. Effective Date: This Order is effective at 12:01 AM on November 6, 2020, and shall remain in effect until rescinded or until the state of emergency is terminated,whichever happens first. COVID-19 Order No. 31 is hereby rescinded effective 12:01 AM on November 6, 2020. Given in Boston at t:�OANO this 2nd day of November,two thousand and twenty CHARLES D. BAKER GOVERNOR Commonwealth of Massachusetts S E 4' 4 OFFICE OF THE GOVERNOR COMMONWEALTH OF MASSACHUSETTS W STATE HOUSE • BOSTON, MA 02133 " W (617) 725-4000 'a 6V CHARLES D. BAKER KARYN E. POLITO GOVERNOR LIEUTENANT GOVERNOR ORDER TEMPORARILY APPLYING FURTHER CAPACITY RESTRICTIONS TO STATEWIDE COVID-19 SAFETY RULES COVID-19 Order No. 59 Revising Restrictions Otherwise Applicable Pursuant to Orders No. 57 and 58 WHEREAS,on March 10,2020,I, Charles D. Baker, Governor of the Commonwealth of Massachusetts, acting pursuant to the powers provided by Chapter 639 of the Acts of 1950 and Section 2A of Chapter 17 of the General Laws, declared that there now exists in the Commonwealth of Massachusetts a state of emergency due to the outbreak of the 2019 novel Coronavirus ("COVID-19"); WHEREAS, on March 11, 2020,the COVID-19 outbreak was characterized as a pandemic by the World Health Organization; WHEREAS,the Federal Centers for Disease Control and Prevention("CDC")have advised that COVID-19 is spread mainly by person-to-person contact and that the best means of slowing the spread of the virus is through practicing social distancing and by minimizing personal contact with large groups and with environments where this potentially deadly virus may be transmitted including, in particular, spaces that present enhanced risks because of the large number of persons present or passing through the area who may spread the virus through respiratory activity or surface contacts; WHEREAS, on March 23,2020,in order to restrict all non-essential person-to-person contact and movement outside the home and reduce opportunities for spreading the COVID-19 virus within the Commonwealth,I issued COVID-19 Order No. 13,which temporarily closed the brick-and-mortar premises of businesses and organizations that do not provide COVID-19 Essential Services; 1 ®P.—on R—P— WHEREAS,in response to gradual improvements in the public health data,on May 18, 2020, June 6,2020, and July 2, 2020,I issued COVID-19 Orders No. 33,37, and 43, respectively,which designated certain businesses and other organizations as Phase I, II,III, or IV enterprises and initiated a progressive,phased plan for re-opening workplaces and other facilities across the Commonwealth; WHEREAS,the CDC,the Department of Public Health,and other public health authorities continue to improve their understanding of how COVID-19 is spread,where the risk of spread is greatest,and how best to mitigate the risk of transmission,which permits periodic adjustments to safety measures addressing commercial,recreational, and social activities; WHEREAS,on December 8, 2020,in response to sustained increases across the Commonwealth over the prior 30 days in the number of new daily confirmed cases of COVID- 19 and in positive testing rates and a corresponding rise in hospitalizations following the Thanksgiving holiday,I issued COVID-19 Order Nos. 57 and 58, which together reduced capacity allowances for gatherings generally,required the adjustment of certain COVID-19 workplace safety rules issued under prior Orders, and closed certain higher-risk enterprises across the Commonwealth; WHEREAS,as of December 22,2020,the Department of Public Health has reported 314,850 confirmed cases of COVID-19 and the average daily rate of COVID-19 incidence per 100,000 has risen to 65.1; WHEREAS,the Commonwealth has seen a significant increase in its 7-day average of new daily confirmed cases of COVID-19: as of December 17,2020,the daily average was 4,053 as compared to 1,837 on November 8; WHEREAS,the Commonwealth has likewise seen a significant increase in its 7-day weighted average of positive molecular test rate: as of December 17, 2020,the rate was 6.1%as compared to 2.7%on November 8; WHEREAS,between Thanksgiving and December 21,hospitalizations for COVID-19 in the Commonwealth more than doubled from 986 to 1,991 admissions; WHEREAS, as of December 7,2020,the Executive Office of Health and Human Services has moved all regions in Massachusetts to the Tier 3 designation of the Resurgence Planning and Response Framework due to decreasing hospital capacity and increasing community transmission of COVID-19; _ WHEREAS,this pattern of continuing COVID-19 case growth in the Commonwealth, if left unchecked,poses an increasing risk to the Commonwealth's healthcare system,and K enhanced intervention to suppress the continuing transmission of the virus is therefore necessary to moderate case growth and preserve hospital capacity; and 2 WHEREAS, sections 7, 8, and 8A of Chapter 639 of the Acts of 1950 authorize the Governor,during the effective period of a declared emergency,to exercise any and all authority over persons and property necessary or expedient for meeting the state of emergency, including but not limited to authority over assemblages in order to protect the health and safety of persons, 4 transportation and travel by any means or mode,regulating the sale of articles of food and household articles,variance of the terms and conditions of licenses and permits issued by the Commonwealth or any of its agencies or political subdivisions, and policing,protection, and preservation of public and private property; NOW,THEREFORE,I hereby Order the following: Temporary Statewide Reduction of Capacity Limitations and Associated Rules Effective at 12:01 am on December 26, 2020 and continuing for the period in which this Order remains in effect,the State-wide capacity limitations for gatherings and events set in COVID-19 Order No. 57 and any capacity limitations set in Sector-Specific COVID-19 workplace safety rules issued under the authority of COVID-19 Order No. 58 or prior Orders are hereby superseded and revised as specified for the sectors listed on the table below. The Department of Labor Standards,the Executive Office of Energy and Environmental Affairs, and any other agency or commission authorized by prior Order to issue COVID-19 workplace safety rules (each a"regulating agency")are hereby directed to provide notice to the public and to enterprises subject to the revised capacity limitations applicable during the period in which this Order remains in effect. Sector Revised Capacity Notes Limitst Gatherings(adjusting Order No.57) 10 persons indoors applies to both private 25 persons outdoors homes and event venues and public spaces Restaurants 25%of seating capacity (a)workers/staff excluded from occupancy count; (b)applies separately to indoor and outdoor capacity Close Contact Personal Services 25% workers/staff excluded from occupancy count Indoor and Outdoor Events 10 persons indoors workers/staff excluded from 25 personsoutdoors occupancy count Theaters and Performance Venues Movie theaters—25% (Indoor performance venues remain closed) and maximum 50 people = Outdoor performance venues—25%and maximum 25 people i Casinos 25% MGC to re-issue capacity rules as necessary Office Spaces 25% Places of Worship 25% workers/staff excluded from occupancy count 3 Retail Businesses 25% workers/staff excluded from -occupancy count Driving and Flight Schools 25% Golf Facilities 25% applies only to indoor = spaces Libraries 25% Operators of Lodgings 25% applies only to common areas Arcades&Other Indoor&Outdoor 25% Recreation Businesses Fitness Centers and Health Clubs 25% Museums/Cultural&Historical Facilities/ 25% Guided Tours by vehicles and vessels Sectors Not Otherwise Addressed 25% Common Areas in facilities subject to EEA- 25% applies only to indoor f. issued COVID-19 safety rules spaces and excludes youth and amateursports facilities tGeneral Provision: Where no licensed or permitted capacity allowance is on record and for any enclosed space within a larger facility,occupancy shall be limited to no more than 5 persons per 1,000 _ square feet. Except as otherwise noted,the above references to percentage capacity limits shall apply to a facility's maximum permitted occupancy as documented in its occupancy permit or similar license or permit on record with the municipal building department or other municipal record holder. Adjustments to the above table will be published where necessary to facilitate practical application of the required capacity limitations. Except for the specified adjustments to capacity limitations, all other terms of COVID-19 Order No. 57 addressing gatherings generally(including exceptions) and all Sector-Specific COVID-19 workplace safety rules issued by a regulating agency and in effect as of December 26, 2020 shall continue to apply, including minimum spacing and social distancing requirements. Allowances to exceed maximum capacity limitations shall be available as currently provided in COVID-19 workplace safety rules in'order to accommodate public health or public safety considerations or where strict compliance may interfere with the continued delivery of critical services. The capacity limitations specified in this Order shall be enforceable under the terms of COVID-19 Order No. 57 when applied to gatherings subject to that Order and under the terms of Section 2 of COVID-19 Order No. 58 when applied to enterprises regulated pursuant to COVID- 19 safety rules issued by a regulating agency. Each person over the specified capacity limitation and each individual instance of non-compliance with the requirements of this Order or any directives,rules,or binding guidance issued pursuant to this Order may be treated as a separate violation. 4 This Order is effective at 12:01 am on December 26,2020 and shall remain in effect until 12:00 noon on January 10,2021 unless further extended. Given in Boston at AIVthis 22nd day of December,two thousand and twenty �v CHARLES D. BAKER GOVERNOR Commonwealth of Massachusetts 5 PART I. ADMINISTRATION OF THE GOVERNMENT TITLE XVI. PUBLIC HEALTH CHAPTER 111. PUBLIC HEALTH NUISANCES Chapter 111: Section 122.Regulations relative to nuisances; examinations The board of health shall examine into all nuisances, sources of filth and causes of sickness within its town,or on board of vessels within the harbor of such town,which may,in its opinion,be injurious to the public health, shall destroy,remove or prevent the same as the case may require, and shall make regulations for the public health and safety relative thereto and to articles capable of containing or conveying infection or contagion or of creating sickness brought into or conveyed from the town or into or from any vessel. Whoever violates any such regulation shall forfeit not more than one thousand dollars. Chapter 111: Section 123.Abatement by owner; penalty Said board shall order the owner or occupant of any private premises, at his own expense, to remove any nuisance, source of filth or cause of sickness found thereon within twenty- four hours, or within such other time as it considers reasonable,after notice; and an owner or occupant shall forfeit not more than one thousand dollars for every day during which he knowingly violates such order. Chapter 111: Section 124.Service of order for abatement Such order shall be in writing, and may be served personally on the owner, occupant or his authorized agent by any person authorized to serve civil process; or a copy of the order may be left at the last and usual place of abode of the owner, occupant or agent, if he is known and within or without the commonwealth; or a copy of the order may be sent to the owner, occupant or agent by registered mail, return receipt requested, if he is known and within the commonwealth. If the order is directed against the owner and if the residence and whereabouts of the owner or his agent are unknown or without the commonwealth,the board may direct the order to be served by posting a copy thereof in a conspicuous place on the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the municipality wherein the building affected is situated. Chapter 111: Section 125.Removal of nuisance by board If the owner or occupant fails to comply with such order, the board may cause the nuisance, source of filth or cause of sickness to be removed,and all expenses incurred thereby shall constitute a debt due the city or town upon the completion of the removal and the rendering of an account therefor to the owner,his authorized agent, or the occupant, and shall be recoverable from such owner or occupant in an action of contract. The provisions of the second paragraph of section three A of chapter one hundred and thirty-nine,relative to liens for such debt and the collection of the claims for such debt, shall apply to any debt referred to in this section, except that the board of health shall act hereunder in place of the mayor or board of selectmen.