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HomeMy WebLinkAbout2001-08-23 Board of Health Minutes BOARD OF HEALTH MINUTES August 23, 2001 Gayton Osgood called the meeting to order at 7:12 p.m. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member; Sandra Starr, Health Director; Debra Rillahan, Public Health Nurse. HEALTHY COMMUNITIES Mr. Osgood asked if Healthy Communities representatives would be in. Sandra Starr said they were expected at 7:30. FOOD CONSULTANT STATUS Mr. Osgood asked why this is listed on the agenda. Sandra Starr asked what the Board considered a "follow-up" inspection to be. The Board responded that in a follow-up inspection the items that did not meet the code or were violations in the first inspection would be inspected to see if the conditions were changed to meet the code. Ms. Starr agreed with their response and explained that ESI thought it required a second full inspection. She stated she must send a letter to ESI with an explanation for follow-up inspection. She also has a concern with the proposed flat cost of$500 for a plan review. She said several food establishments such as a small Sushi place is not worth a $500 plan review fee. APPROVAL OF MINUTES On a motion by Dr. MacMillan, seconded by Mr. Osgood the Board voted to approve the July 26, 2001 minutes. LOT 11 EVERGREEN—PHEASANT BROOK Sandra Starr referred the board to a letter and other documents in their packages to remind them what had been done previously on this lot. Mr. Osgood asked whether Coulliard is the developer or owner. Ms. Starr said he is both. Since he was denied in December 2000 and there is no new information, Ms. Starr believes this item is covered by the regulation for repetitive motions. Mr. Osgood asked if the board needs legal representation to show it had been denied legitimately. He is concerned that the Board of Health may have to go to court to defend their position. Ms. Starr feels confident on the technical merits of the case, and reminded the board that the needed soil is lacking at this site. She again referred to the notes in package to remind the board what had been done Page Two August 23, 2001 last December. She said they could vote to hear it if they chose but the two year interim period has not been completed as per board regulations. There is still no significant change in the application. On a motion by Dr. MacMillan, seconded by Mr. Osgood the Board voted not to hear the petition because the two years have not expired. SEPTIC CONSULTANT Health Director, Sandra Starr feels he is not working satisfactorily, assuming too much authority. Refuses to look at some plans, sends them back un-reviewed or full of his own preferences. Personal preferences have no place in consultant review. Gayton Osgood recommends more work be done in house rather than using outside consultants, which gets too complicated. Ms. Starr agreed, but pointed out that there has consistently been a lack of understanding and response about her repeated requests for staff. Mr. Osgood asked that Ms. Starr draft a letter to the consultant for the board to review. Sandra asked that board help remind him he is a technical consultant for approval of system engineering only. ELDER AT RISK Elder Services has received a complaint about a person picking trash and begging for food in neighborhood. Ms. Starr went with police officer to visit and offer help. Person refused, said she doesn't need help. Ms. Starr said this is one of three cases she intends to present to the task force. Mr. Osgood suggested that Deb Rillahan, the town nurse, check on this elder periodically. 155 BOSTON STREET—SEPTIC REPAIR Status: Mr. Mirandi had sent revisions as requested. Noonan&McDowell found problems including less than 3 feet to groundwater. Board of Health had faxed Noonan's letter to homeowner who doesn't know how to proceed since Mr. Mirandi seems to have bowed out of project. BURKES MOBIL They have two violations of the tobacco law regarding sales to minors. Mr. Osgood asked if anything in the regulations allows the board to take a permit away. Diane Pickles from Healthy Communities explained the regulations. At two violations, fine of$100 and suspension for not less than 90 days. All 3 Richdales have had two sales to minors this Page Three August 23, 2001 year. Burkes had appealed the ticket, asked for a non-criminal hearing, and the clerk magistrate awarded win to the town. Burkes to date has still refused to pay the second violation. The court said to send a letter for 30 days notice was sent to say they must pay or face criminal complaint. No suspension at this time but for next offense? A discussion lead by Mr. Osgood to set a tolling period of one or two years for total violations. All feel very strongly that tobacco must be kept from children because of the addictive factor. Discussion ensued on Haverhill and Methuen's smoking regulations. The Board would like to leave bars alone for now and consider restaurants. They must meet the requirements for ventilation. Mr. Osgood stated no new restaurants should be allowed to have smoking. Those existing restaurants that meet the ventilation requirements as agreed would be left alone until the tenth year, at which time all would be smoke free. Ms. Starr asked if this would also be enforced in the private clubs? Mr. Osgood believes enforcement is difficult in bar situations. Allow private clubs to make own rules for smoking or not. Diane Pickles thinks the Board should think about the current regulations and changing them. CAMP REPORT FROM DPH State inspected Soccer Academy Camp at Brooks School found some violations. Cori checks were not done. HEALTHY TOBACCO Can take permit license away after first violation. 7/days/90 days/9 months. Dianne Pickles of Healthy Tobacco will be in to copy Tobacco Permits and send another regulation draft to the Board of Health. She will draft the letter for the Board of Health before next meeting and email to Sandra Starr for approval. Board will print on letterhead. Will call to see when convenient to come in to make copies. Next meeting September 27th. Mr. Osgood thought the next meeting was September 20th Sandra Starr will check and follow up. GLENWOOD AND FERNWOOD STREETS —CAT COMPLAINTS Sue Northam, Animal Control Officer had taken away 22 cats in June. Deb Rillahan, Public Health Nurse, has put up posters and talked to people about communicable diseases Page Four August 23, 2001 that can be caused by feral cats. The nurse herself, trapped and took about 12-14 cats into the MSPCA. Their cost is about $15 per cat. They loaned us the traps and waived the fee. Deb has told the woman on Massachusetts Avenue who keeps feeding the cats, she will be checked on. Nurse is not sure the woman is capable of understanding the problem she is causing. Deb said she continues to check on the woman, but it is not possible to keep her monitored all the time. The nurse has a large workload and only a part-time position. Deb feels her regular work is suffering because of the time she has spent on this problem. She feels the Board has tried and is doing the best they can. Mr. Osgood asked why Sue Northam, animal control officer is not doing more. Nurse doesn't know why. The nurse even had to catch a dying crow and take it to the animal hospital to be euthanized. ADJOURNMENT: On a motion by Gayton Osgood, seconded by Dr. MacMillan, the Board voted to adjourn at 8:10 p.m. John S. Rizza, DMD, Clerk