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HomeMy WebLinkAbout2002-03-28 Board of Health Minutes BOARD OF HEALTH MINUTES MARCH 28, 2002 The meeting was called to order at 7:09 by Dr. Frank MacMillan. MEMBERS PRESENT Present were Francis P. MacMillan, Acting Chairman; John Rizza, Clerk; Sandra Starr, Director; Brian Lagrasse, Inspector;Public Health Nurse, Deb Rillahan. BOARD OF HEALTH VACANCIES Town Manager, Mark Rees, appeared to discuss the process of filling the upcoming vacancies on the Board. He reported that ads have been placed in the local newspapers asking for volunteers and a selectmen subcommittee made up of Rosemary Smedile and Susan Haltmeier has been formed to assist in the process. JON WIIVMAN—INSTALLER VIOLATI®NS Dr. MacMillan read the chronology of the installation of both systems. There were many problems with each of them because of the practices of the installer, Jon Whyman. • At 7 Sullivan St. the first bottom of bed inspection failed because of large rocks left in the area and the bottom was not level. • The first system final inspection on 10/03/01 failed due to the D-box not being level and not constructed of concrete as specified;building sewer not as specified on the plan; dirty stone. • The first final grade inspection also failed and to date there has been no as-built, no certification statement nor deed restriction filed with the department. Dr. MacMillan asked if the job was complete now. Mr. Whyman responded in the affirmative. ® At 27 Bradford St. —The paperwork was filled out properly but the bottom of the bed was excavated before a permit was issued. The septic consultant also found that it was dug in the wrong place. Multiple inspections because of inspection failures were required at this site as well, and Mr. Whyman was required to pay additional fees because of them. Mr. Whyman spoke at length about his company, pvc d-boxes in general, and his surprise at North Andover's strict septic installation process. Dr. MacMillan presented three action options for Mr. Whyman's violations that are available to the Board: 1. Withdraw license to operate in North Andover 2. Fines 3. Probation Dr. MacMillan recommended probation for 30 days. Mr. Whyman should be closely watched; any further problems and his license to operate would be revoked. Page 2 Board of Health minutes March 28, 2002 John Rizza made a motion that Jon Whyman be put on probation for 30 days during which time he will be closely monitored for regulation compliance. Any additional violations shall result in a revocation of his license to operate in North Andover. Dr. MacMillan seconded and the motion was passed. NONESSENTIAL WELL MORATORIUM Town Manager Mark Rees stated that his office receives daily questions on wells. He brought up a particular resident in the watershed who said he had all other permits needed to drill an irrigation well except from the Board of Health. (Because the site is in the watershed, a special permit is required from the Planning Board.) Ms. Starr noted that she had a memo from the Planning office that this particular individual had never filed, and consequently never secured a special permit for a well. Dr. MacMillan brought up the current drought conditions and the low levels of the Lake and ground water. He explained and then stated that he feels there should be no irrigation wells in the watershed. He reassured Mr. Rees that the issue will be revisited at future Board meetings. He pointed out that the ban on outdoor water usage for the town begins tomorrow. Brian Lagrasse explained the information in the Board's packets and defined the drought watch recently issued by the state as the third level of drought alert. TOBACCO REGULATIONS Director of the Healthy Communities Tobacco Program, Diane Pickles, brought a draft regulation that includes all work sites. A ban is proposed in health care facilities, restaurants, private clubs, hotels, motels and all worksites. A bar is defined as having an 80/20 split, relative to profits from alcohol and food, respectively. No children under the age of 18 would be allowed in bars/smoking areas. Ms. Pickles stated that they receive many complaints from North Andover people about smoking in work places—employee health. Laws relating to private clubs must be observed for any loosening of regulations. Dr. Rizza would like all types of facilities included as smoke-free worksites. Ms. Pickles explained the legal problems relating to private clubs. Diane is to get a list of towns that have banned smoking in worksites. The Board will also be talking to the Board of Selectmen about the new regulations. There must be a hearing to adopt new regulations. Diane is going to gather data on which towns have done what with what regulations. Some regulations provide for fines to a smoker-customer in a restaurant. Dr. MacMillan asked about state budget cuts. Ms Pickles stated that the program has already lost $4000, but is OK so far. Page 3 Board of Health minutes March 28,2002 REVOLVING FUND WARRANT VOTE Sandra Starr explained the purpose of reauthorization vote—that it is done annually before town meeting because a town vote is required to reauthorize the fund. She also briefly touched upon the problems with next year's budget and the percentage of cuts required by the Town Manager's office. John Rizza made a motion to place a warrant article on the town meeting agenda requesting a vote to reauthorize the MRI/Wheelabrator revolving account. Dr. MacMillan seconded and the motion passed. CORRESPONDENCE Ms. Starr brought the Board's attention to the new DEP policy on the design of retaining walls and impermeable barriers. Ms. Rillahan spoke about the Department of Environmental Protection's request to Boards of Health to assist them in reducing the amount of mercury in the waste stream. They are asking that local Boards of Health promulgate regulations requiring contractors and others to recycle thermostats and other mercury-containing products ADJOURNMENT The meeting was adjourned at 8:30 in response to John Rizza's motion to do so. MEETING RE-OPENED The meeting was re-opened by Dr. MacMillan at 8:40 to discuss the April meeting date. John Rizza will be away on the regular meeting date. The meeting will be changed to April 23`d, a Tuesday;the location will be arranged. Frank MacMillan noted that Dr. Rizza should not be released on June 30th at the end of his term because he will be needed to help train new members. He then went on to state that the probation period set for John Whyman should not be limited to 30 days, but should be for an indeterminate period. If he makes any further errors the Board should withdraw his license and/or heavily fine him. Page 4 Board of Health minutes March 28, 2002 On a motion by John Rizza, seconded by Frank MacMillan, Dr. Rizza's previous motion is amended to read as: Jon Whyman is to be put on probation for an indeterminate time. Throughout this time he and his work will be closely monitored for regulatory compliance. Any additional errors or violations shall result in a revocation of his license to operate in North Andover and/or a heavy fine. FINAL ADJOURNMENT On a motion made by Dr. Rizza and seconded by Dr. MacMillan the meeting was adjourned at 8:45 P.M. Respectively submitted, John S. Rizza, DMD, Clerk