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HomeMy WebLinkAbout1994-03-17 Board of Health Minutes BOARD OF HEALTH MINUTES MARCH 17, 1994 Dr. Frank MacMillan called the meeting to order at 7 : 20 p.m. MEMBERS PRESENT: Francis P. MacMillan, M. D. , Chairman, John S . Rizza, D.M. D. , Member, Gayton Osgood, Member, and Sandy Starr, Health Agent. 7: 00 P.M. - MEET TOBACCO CONTROL INITIATIVE PAMELA ROSS-KUNG: Pamela Ross-Kung was present and a lengthy discussion ensued in reference to the tobacco control initiative. Dr. MacMillan wanted to know what Ms. Kung was going to do and what the Board of Health can help her with. Ms. Kung stated that in each Town, the State has required that they institute policies or regulations whenever appropriate to give some teeth to enforcing non-smoking. Ms. Kung stated that Andover went with an all out ban on smoking. Andover is banning smoking in municipal and public buildings now, as to before where they had a designated smoke room. Last year they banned smoking except for the designated smoke room, now they are banning it even in the designated smoke room. Ms. Kung stated that a designated smoke room is not a good idea - it is better to go with a total ban from the beginning. Ms. Kung stated that there will be a phase in period which will probably be thirty (30) days. Ms. Kung stated that this will go before Town Meeting on April 4 , 1994. Mrs. Starr stated that they did it as a Town Bylaw. The second thing that Andover did was to ban all vending machines in all food service establishments stated Ms. Kung. Andover is allowing vending machine in bars but they have to be thirty (30) feet within the door. Andover is also banning all free standing displays of cigarettes. Ms. Kung stated that what they are going to try to do in Middleton, Methuen, and North Andover is something a little less progressive and more of a phase in. Ms. Kung stated that she is aware that a policy exists under the Town Manager for no smoking in municipal buildings but Mrs. Starr informed her that it is not really enforced and people are still doing it. Ms. Kung stated that she would like to get some teeth into that policy and if it can not be done through the policy maybe change it to a regulation under the Board of Health, or a bylaw under the Town Manager which gives it more impact. Ms. Kung stated that what Andover is planning to do if people are caught smoking in a municipal building right now is to put a written letter into the persons personnel file and eventually if that does not work they will probably have to give tickets. Ms. Kung does not believe that it will ever get that far. Page 2 Minutes: March 17 , 1994 Ms. Kung stated that another thing that Andover did not do that she would like to see done is to have a designated place outside the building that they can smoke and it should be something sheltered. Ms. Kung believes that taking everything away from people is not the best way to go. Ms. Kung stated that she would like to see North Andover banning vending machines as soon as possible because that is where the kids have access. She would like to see the vending machine thirty (30) feet within the door of the bar of a drinking establishments. Ms. Kung stated that she would like to see North Andover banning free standing displays. Dr. MacMillan asked if the State Law is fifty (50) feet from a municipal building to smoke? Ms. Kung stated "yes" , but then there is the conflict of the Fire Department where there is a different regulation and which one overrides. The local overrides the State stated Ms. Kung. Ms. Kung stated that the Fire Departments, in the State Code, you are allowed to have a designated smoke area and it is the Fire Department that determines the designated smoke area. The Fire Department would come in and do their air quality testing and then give their okay as long as it is not a common area, i . e. hallway. The Board Members spoke in favor of the Tobacco Initiative. Ms. Rung is going to do a survey and make the necessary recommendations and come back before the Board. 7: 30 P.M. - 31A VEST WAY - VARIANCE REQUEST TO THE NORTH ANDOVER REGULATIONS • SECTION 4. 18 - LES GODIN• Les Godin, Engineer, Merrimack Engineering was present and requested to come before the Board for a variance from the Town of North Andover Board of Health Minimum Requirements for the Subsurface Disposal of Sanitary Sewage , regulation 4 . 18 "Distances" . The variance request is that the leaching area be constructed approximately 89 feet distance from the edge of a wetland as opposed to 100 feet as required. On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to grant the variance to North Andover's Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, regulation 4. 18. ECLC - 549 CHICKERING ROAD - GASOLINE ODOR IN BATHROOM: Mrs. Starr wanted to update the Board Members on a recent complaint. Page 3 Minutes: March 17, 1994 On March 15 , 1994 , Mr. Richard Doucette , Conservation Administrator received a call from the fire Department regarding a complaint of gasoline odor in the bathroom at ECLC, 549 Chickering Road, North Andover, MA The Fire Department suspects the gas is moving through the soil, up through the basement of ECLC from a 1988 oil spill from Haffner' s Gas Station. This is the second year in a row this has happened. Mr. Doucette believes that the Board of Health and the Fire Chief should address this, not Conservation. On March 16, 1994 , Mrs. Starr inspected ECLC along with Kyle MacAfee, DEP, and William Simmons, the Environmental Consultant from Haffner' s, and they check the drains in the mechanical room, the staff restroom, and the boys room. The mechanical room had no smell of gas, but the staff restroom and the boys room was terrible stated Mrs. Starr. Mr. Simmons and Mrs. Starr went up Chickering Road checking all the manholes to see if they could get any readings. Mrs. Starr stated that they got readings in all the manholes up to Haffner' s but nothing above Haffner's. Mrs. Starr mentioned that GLSD was called because there was oil in the sewers and they were going to follow the lines and find out exactly what it was and where it was coming from. Mrs. Starr stated that the drains at ECLC were going to be capped. Mrs. Starr stated that more test wells were going to be drilled to see what is going on. Dr. MacMillan asked Mrs. Starr where could it be coming from? Mrs. Starr stated that it is either Haffner' s or there was a spill in December across the street at the United Bakers. Mrs. Starr mentioned that DEP was sure enough that Haffner' s were responsible, so they issued a notice of responsibility. Dr. MacMillan stated that in other words, if the problem is found Haffner' s would have to correct it. Mrs. Starr responded, "yes" . Dr. MacMillan asked Mrs. Starr to keep the Board up-to-date on this one. Other Business: Approval of Minutes - 1/27/94: On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to approve the minutes of 1/27/94 with the following change: Page 1, under Lot #2 Johnny Cake, paragraph 2 , clarify the wording to make sense. Page 4 Minutes: March 17 , 1994 Approval of Minutes - 2/10/94: On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to approve the minutes of 2/10/94 as written. Vote to Recommend Dr. Robert Atwood for Re-appointment as the Town's Animal Inspector: On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to re-appoint Robert Atwood, D.V.M. as the Town's Animal Inspector. Letter to Area Veterinarians: The Board Members agreed that the letter is well written and to send it out to area veterinarians. Regulations for Sewer Tie-in: The Board Member reviewed the draft of the Sewer Tie-in Regulations and approved. On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to adopt the Sewer Tie-in Regulation as written with the addition of the fine. Re-Zoning Ipswich Watershed: Mrs. Starr stated that this was a discussion on the Re-Zoning of Ipswich Watershed and it was mentioned if the Board of Health would be in favor of this. Mrs. Starr stated that she believes that it will be one of the warrant articles at Town Meeting. Mr. Osgood suggested that Mrs . Starr get the Board Members maps before Town Meeting. Dr. MacMillan stated that this is one acre and they want to make it two acres, is that correct? Mrs. Starr responded, "yes" . ADJOURNMENT: On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted to adjourn. Gayton Osgood, Clerk