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HomeMy WebLinkAbout2001-09-27 Board of Health Minutes D, At BOARD OF HEALTH MINUTES September 27, 2001 Gayton Osgood called the meeting to order at 7:05 p.m. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member; John S. Rizza, D.M.D., Member, Brian LaGrasse, Health Inspector, Debra Rillahan, Town Nurse. 155 BOSTON STREET Presentation by Peter Mirandi who was at July 26 meeting for variance. Peter Mirandi for homeowners, Walter and Susan Arsenault. Needs permit approved so system can be installed. Mr. Osgood explained permits are not given at Board meetings. If there is a problem with the administrative process, the Board will listen to him. Less than 5" variance from Title 5 was requested and Mr. Mirandi felt it had been approved. John Noonan of Noonan & McDowell was introduced to Mr. Mirandi. Was not in meeting minutes. John Noonan is the Health Department's Septic Consultant and explained he still feels there is a problem with the design. Mr. Mirandi feels there have been unreasonable delays in this repair. John Noonan suggested the new soil test be done next Wednesday, October 3, 2001. The Board did reaffirm their vote to grant the variance. 385 RALEIGH TAVERN LANE Ben Osgood, Jr. appeared to represent the owners of 385 Raleigh Tavern Lane for a repair for Title 5 failure, fast system. Asking for variance of 4" and will consult with DEP when settled with Board of Health. Test pits only go down 3-4 feet. Would like to use only 20" of permeable soil below the septic system instead of the 24". As long as Mr. Osgood, the engineer, provides the same environmental protection DEP will probably grant the variance. On a motion by Dr. MacMillan, seconded by Dr. Rizza the Board voted to allow the 4" variance. MASSAGE REGULATIONS A discussion covering colonic irrigation was held. The Board requested that a note be added to the massage regulations that the Board of Health does not approve colonic irrigations. Page Two September 27, 2001 On a motion by Dr. Rizza, seconded by Dr. MacMillan the Board voted to amend the massage regulations to state that the NABOH does not approve colonic irrigation therapy at massage establishments. CHANGE IN REGULATIONS FOR TOBACCO PERMITS Diane Pickles of Healthy Communities has drafted new regulations for the Board of Health to review. She has prepared both for the "Youth Access" which pertains to tobacco sales to minors and "Environmental Tobacco Smoke" (a/k/a ETS), which pertains to smoke-free restaurants including any bar areas. Free-standing bars and private clubs are exempt. New definition of free-standing bars = at least 80% of business is from liquor sales. Pages 1-5 of Diane's report are regarding sale of tobacco to minors. First offense will be a $100 fine, second offense within 24 months of the first offense will be $200, third within 24 months, $300 and a suspend the permit for seven(7) consecutive business days. Newest Youth access compliance check for North Andover is only 56%. Sixteen year olds from other towns were used in tests. Rolfs is the only establishment left with a vending machine. They made change at the bar for a sixteen year old to use the machine. Diane suggests since it is difficult to enforce the laws with the machines, Rolfs should be encouraged to get rid of it. Of the twenty-five tobacco vendors total in North Andover, fourteen sold to minors when tested. Recommend Public Hearings for approval of new youth access regulations. Include packet of information on regulations with permits in January. Clock restarts two years after first offense or when establishment is under new management, as long as the board is notified of the change. Permit suspensions can be flexible if the Board of Health wants it that way. Once Board of Health approves her draft, she will send it to the Healthy Community lawyers to be checked over for errors. Seven days on second offense, thirty days on the third in addition to the fine. All tobacco products must be removed from the shelves during the suspension. Healthy Communities will pay for the advertisement costs. Next meeting will be the third Thursday, October 25, 2001. Environmental Tobacco Smoke regulations refer to restaurants. Board voted to re-visit this section in the next few months. The Ninety-nine, The Loft, Culpeppers, and Beijing are the only four restaurants in North Andover that still have smoking in the bar area. They had complied with the Board of Health to improve ventilation and may be reluctant to change. Joe Fish voluntarily stopped. The Board wishes to keep this issue separate from youth access because this part is much more difficult to enforce, more controversial. Mr. Osgood would like a hearing scheduled for the next Board meeting regarding this issue. Page Three September 27, 2001 BURKE'S MOBIL The town won when the court magistrate elected to award us the fine payment, but Burke's has not come through with the money. Diane said we sent a reminder letter as the court suggested; now it is up to the courts to enforce the award. The court will file a criminal complaint within the next week. If Burke's sell to minors again, we still have the right to suspend their permit in addition to the fine. FOOD CONSULTANT Mr. LaGrasse spoke regarding the only company responding to the RFP was ESI, Ms. Starr recommends we hire them. Mr. Osgood would like to work on getting it back in- house. On a motion by Dr. Rizza, seconded by Dr. MacMillan the Board voted to approve the hiring of ESI as the Health Department's Food Consultant. GLSD Mr. Osgood spoke regarding the GLSD plant. We do not have the jurisdiction over GLSD. We need the DEP to be at this public meeting. The public is very upset and expects that we can fix it. Dr. MacMillan doesn't feel the Board of Health should be at the meeting because it puts us in the middle where we don't belong. Mr. Osgood would like the Board and the Health Department at this meeting. ADJOURNMENT: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted to adjourn at 8:10 p.m. John S. Rizza, DMD, Clerk