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HomeMy WebLinkAbout1994-09-29 Board of Health Minutes BOARD OF HEALTH MINUTES SEPTEMBER 29, 1994 MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D.. , Member, John S. Rizza, D.M. D. , Member, Susan Ford, Health/Environmental Inspector, and Sandy Starr, Health Administrator. Mr. Osgood called the meeting to order at 7 : 15 p.m. APPROVAL OF MINUTES - 8/11/94: On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to approve the minutes of 8/1/94 as written. 7: 15 P.M. - PAM ROSS-KUNG DIRECTOR, TOBACCO CONTROL INITIATIVE- DISCUSSION TO INSTITUTE A POLICY/REGULATION TO ENFORCE NON- SMOKING IN NORTH ANDOVER: Pam Ross-Kung was present and gave the Board Members an update on what has transpired since her last meeting with them in reference to the Tobacco Control Initiative. Ms. Kung stated that she submitted a plan for FY 195 a copy of which she included in the Board' s packet. Ms. Kung mentioned that the collaborative has taken on Dracut this year which will give them five communities instead of four. Ms. Kung stated that last year they received $140, 000 to support four communities, this year they were cut back to $145, 000 . Ms. Kung stated that even though they have received more money, they are supporting another community. Ms. Kung thought they might receive $24 , 000 extra but what the state did was to give them $121, 000 for the four communities and then they gave them $23 , 000 for Dracut. Ms. Kung stated that they only received an extra $5, 000 for this year' s program. Ms. Kung hoped to take on a new staff person, part-time, that would help them with outreach but that will not happen this year. At the present time, Ms. Kung is waiting on the approval of the staff at the current time. Ms. Kung stated that the Tobacco Control Initiative will be vacating the premises in Andover, which have been free. So far they have not been lucky enough to get free space anywhere. Ms. Kung stated that they are looking into rental space and it will go out to bid. Ms. Kung stated that they are looking at approximately $800. 00 a month. "In addition to getting a cut, we will be paying for leasing space which will cut into the program support" , stated Ms. Kung. Ms. Kung provided the Board Members with a Work Plan which contains everything that they have agreed upon this year. Ms. Kung made note of the minimum deliverables and suggested that the Board Members read this later but she wanted to explain what it is all about. The State Department of Public Health gave Ms. Kung the form attached and it outlines the areas that they want the Tobacco Control Initiative to focus on this year and to give them a specific number of spokespersons. Ms. Kung told the Board Members that their contract is only agreed to until June 1996 and after that they are not sure whether there will be any funding at all. Ms. Kung stressed that Board Members try to utilize the funding this year. Ms. Kung stated that she will do as much for a community as she can or as little as you will let us do and with five communities, the person pulling the hardest will get the most. Ms. Kung stated that she is here to help the Board Members write regulations, to help implement them, and to help enforce them - this is what the money is for. Ms. Kung stated that they are also here for community outreach and education and they are not going to stop doing all that either. Ms. Kung stated that she is in contact with all the schools in North Andover and mentioned some of the upcoming events. Ms. Kung stated that she already surveyed every work site in North Andover. Surveys were sent out according to the phone book. Ms. Kung will have the results of that survey sometime after October 10th. Ms. Kung stated that she conducted compliance checks and provided the Board with a brief summary. All names are confidential - the stores that are involved and who did and did not sell . Ms. Kung surveyed 26 establishments in North Andover and out of the 26, North Andover had a 54% non-compliance rate which means that the 54% of the 26 sold to minors. Ms. Kung stated that it is important to note that they did not purchase cigarettes in every instance because they could not get the money. Ms. Kung stated that there is a State Law stating that they will not allow a town to issue funds to purchase alcohol, fire arms, tobacco products or drugs, therefore, they could not get the Town of Andover to give them money out their account to purchase cigarettes. Mr. Osgood stated that his wife, a school teacher in North Andover, asked her class to do a project and they decided on their own to do a compliance check. Ms. Kung stated that she would love to see the results of their project. Dr. MacMillan asked if the age of consent is 18 years old. Ms. Kung stated, "yes" and she used 15 and 16 year olds for the compliance check. Dr. MacMillan asked Ms. Kung, "is it a law"? Ms. Kung responded "yes, it is against the law, and 54% of people in North Andover are breaking the law" . Ms. Kung stated that sales from vending machines were at 100% for non-compliance. Ms. Kung stated that over 65% of North Andover stores have signage; they know it is illegal to sell cigarettes to minors. Ms. Kung stated that we need to educate the store owners. Ms. Kung stated that there are two ways to educate the store owners 1) to hold a seminar and invite all 26 store owners that did and did not comply and let them know what the laws are and let them know that the Board of Health is considering passing regulations if compliance can not be gained on a voluntary basis, however, unless the Board makes this meeting mandatory with penalties, no one will show up. Ms. Kung does not recommend going in this direction. 2) Send out letters issued by the Board of Health stating that you recently conducted a series of compliance checks and let them know what the laws are once again and attached a copy of Article X of the State Sanitary Code and provide them with signage. Ms. Kung suggested sending a letter thanking the store owners that did not sell to minors and the ones that did not comply send them a letter stating that a compliance check was done and they were in non-compliance which puts them in violation of the law. Ms. Kung recommended to let the store owners know that another compliance check will be done in six months. Mr. Osgood stated that he like that idea. Ms. Kung handed out the Town of Milton' s regulations for them to read. Ms. Kung stated that she feels Milton' s regulation are the fairest of all the regulations that she has come across. She stated that Brookline and Andover' s regulations are very stringent. Milton' s regulations has a total bun on vending machines and total ban on self-service of tobacco products. Ms. Kung stated that a positive point in North Andover is that no one sold cigarettes behind the counter. Mr. Osgood stated that we need to get working on this right away. Ms. Kung stated that she is ready if the Board of Health is. Mr. Osgood stated that we need some proposed regulations. Ms. Kung stated that is why she gave the Board Members Milton' s regulations to look over. Ms. Kung helped Milton compose their regulations. Ms. Kung stated that restaurants with 75 or more seats are required to have 25% non-smoking section, however, it would be nice if that number could be moved down to 50 or 25 seats and more the percentage up to 50%. Mr. Osgood asked Ms. Kung, "what about bars"? Ms. Kung stated that bars are usually exempted from the regulations if they sell food and if their sales from food are 25% or less of their total sales. Ms. Kung stated that we are not trying to tell people, "you can not smoke" , we are trying to protect the people who are eating in restaurants from having to deal with someone else' s smoke. Mr. Osgood stated that he wanted Ms. Kung to start working on a regulation for North Andover. Ms. Kung stated that right now in North Andover, the Board of Health has not adopted Article X of the State Sanitary Code. Mrs. Starr concurred that she did not see anything in the past minutes suggesting that Article X was officially adopted. Mr. Osgood stated that he believes the Board of Health never did adopt this regulation because he thinks they assumed that it was a regulation that they had to enforce. Ms. Kung stated that this is a State regulation and if the Board of Health did not adopt it and you are just enforcing it as a State regulation which is through the court system. Ms. Kung asked Mr. Osgood, "if you pass these regulations, how do you intend to enforce them"? Ms. Kung asked Mr. Osgood if he knew what a non-criminal disposition act is? Mr. Osgood replied, "yes" . Ms. Kung stated some departments in Town Hall already have this. Mr. Osgood �� responded, no s . Mrs. Starr corrected Mr. Osgood by replying that Conservation managed to get it passed by Town Meeting. Mr. Osgood stated that he remembered and he does not know how Conservation did that. Ms. Kung suggested that the Board of Health do the same thing as Conservation. Ms. Kung stated that this has to be done at Town Meeting and what you would have is their own Board of Health regulations with the non-criminal disposition act which means if you have those two things going for you, Mrs. Starr and Mrs. Ford could go out and if they found someone in non-compliance to the North Andover Board of Health' s Regulations they could be ticketed on the spot. Mr. Osgood asked if the Board would have to get the court to go along with that? Ms. Kung responded, "no" , the Board of Health is going to be doing the paper work and it will go Town' s General Fund. But on the other hand, if you g o to court the money would go to the court stated Ms. Kung. Dr. MacMillan agreed that there has to be some enforcement. Ms. Kung stated that we will try to make it doable and not to make it more work for the Board of Health people. Ms . Kung suggested passing the regulations and let people know they are coming, going out and doing the second set of compliance checks, educating store owners and then at the next Town Meeting adopt the non-criminal disposition act so that the Board will have the enforcement capabilities. Mr. Osgood asked Ms. Kung if she would work on the regulations. Ms . Kung responded, "absolutely" . Mrs. Starr stated that if the Board Members use the non-compliance data that perhaps we can get more support from the Selectmen and from the Town Manager. Mr. Osgood stated that he didn't think the Board would have a problem with the Selectmen and the Town Manager. Mrs. Starr mentioned that we might have a problem with the non-criminal disposition act. Mr. Osgood stated that the Board Members are pretty much in agreement with the total ban on vending machines so that can be implemented right away. Mr. Osgood stated that we can work on the non-criminal disposition act which will take awhile. Ms. Kung stated that the non-criminal disposition act will have to be on the warrant for the next Town Meeting. Ms. Kung stated that she will draft the regulation and get back together with the Board Members. Mr. Osgood will put tobacco discussion on the next agenda and then have Ms. Kung attend the November meeting. 7:45 P.M. - WHITE BIRCH II - VARIANCE - PHIL CHRISTIANSEN: Mr. Dan Betty and Mr. Jim Grafoni from Scott Construction Company were present. Mr. Christiansen appeared before the Board to request variances from Title V of the State Environmental Code and the Town of North Andover' s Minimum Requirement for the Subsurface Disposal of Sanitary Sewage for Lots 1-3 , 5-9 White Birch II. The variances requested are as follows: 1) 310 CMR 15. 02 (17) , North Andover Regulation 2 . 18- Construction in Fill . The variance requested is to allow for the required area of excavation of impervious material around the leaching facility to be reduced from 25 feet in all directions from the leaching facility to 10 feet in all directions from the leaching facility. 2) 310 CMR 15 . 14 (B) , 310 CMR 15. 15 (C) , North Andover Regulation 6. 02u - Downhill Slope Requirement The variance requested is to allow for the downhill slope requirement to be reduced from the required horizontal distance of 150 times the slope to a horizontal distance of 15 feet to a 3 : 1 slope. Mrs . Starr stated that she is comfortable granting , both variances. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variance request on Lot 1-3 and 5- 9 White Birch II. 8:00 P.M. - LOT #3 CANDLESTICK - VARIANCE TO WETLANDS - PHIL CHRISTIANSEN• Mr. Mark Rae owner was present. Mr. Christiansen appeared before the Board on behalf of Mr. Mark Rae to request two variances from the Town of North Andover' s Minimum Requirement for the Subsurface Disposal of Sanitary Sewage Regulation 4 . 18- Distances, and North Andover Regulation 17 . 03 - Spacing for Lot #3 Candlestick Lane. Mrs. Starr stated that she is comfortable with granting both variances. On a motion by Dr. MacMillan, seconded by Dr. Rizza, the Board voted unanimously to grant both variances as stated above. 8:45 P.M. - VARIANCE TO WETLANDS - INGALLS STREET: Mr. Scott Giles was present. Mr. Giles appeared before the Board to request a variance from the Town of North Andover' s Minimum Requirements for the Subsurface Disposal of Sanitary Sewage Regulation 4 . 18 - Distances between the reserve trench and the wetland (90 ' ) . On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant the variance to the North Andover's Minimum Requirements for the Subsurface Disposal of Sanitary Sewage Regulation 4.18 as stated above. 8:45 P.M. VARIANCE TO WETLANDS - LOT #9 DALE STREET: Mr. Scott Giles was present. Mr. Giles appeared before the Board to request a variance from the Town of North Andover' s Minimum Requirements for the Subsurface Disposal of Sanitary Sewage Regulation 4 . 18 , distance of leaching area from foundation drains. Mr. Giles stated that he submitted a design and received approval from the department. As background, he stated that there was a previous agreement between Mr. Nicetta and Mr. Rosati allowing the subsurface drain to be placed inside the building to get the thirty-five (35) feet that is required by the Town. Mr. Giles stated that he sent the builder in to see Mr. Nicetta to see how he wanted the drain constructed and Mr. Nicetta indicated that he wanted it outside the building. Mr. Giles stated that he tried to call Mr. Nicetta several times but that he would not talk to him, so he called Mrs. Starr and Mrs. Starr stated that she is familiar with the agreement. Mr. Giles stated that he has no choice but to ask for a ten (10) foot release from the thirty- five (35) foot setback to twenty-five (25) feet. Mr. Osgood asked Mr. Giles if he could meet the distance to the septic tank. Mr. Giles stated that he could. Mr. Giles stated that the house could not go back any further. On a motion by Dr. MacMillian, seconded by Dr. Rizza, the Board voted unanimously to grant a variance of ten (10) feet, allowing the installation of the leaching area to be 25 feet from the house. 8:15 P.M. - COMPLAINT 24 STONINGTON STREET - JAY MCDONALD OWNER - DEBRA NOCCO TENANT AND ATTORNEY DOM SCALISE: A lengthy discussion ensued in reference to violations noted back in May 1994 . Mrs. Starr received a call from the tenant, Debra Nocco with various complaints. Mrs. Starr inspected on June 2 , 1994 , sent an order letter, and the landlord started the repairs. Mrs. Starr went out again on August 11, 1994 and a number of repairs had been done and a number of them still needed to be done. Mrs. Starr stated that she sent a letter of non- compliance. Mrs. Starr stated that there are violations that still need to be corrected which are as follows: 1) an area in the wall in the kitchen has to be cut out, replaced and plaster. 2) light fixture in hall not working 3) chipping paint going up the stairs 4) smoke alarms not working properly 5) railing in the basement incomplete The problem at the moment is coordinating time for the workings to get access to Ms. Nocco' s apartment. Mr. Osgood suggested that two days be set tonight as to when the worker will be able to access the property for repairs. Mr. Osgood stated that this meeting, will not end until two days are set. Mr. Osgood stated that if the workers can not get access on those two days that have been agreed to, the Board will not enforce this order with the exception of the smoke detector in the hallway. After a lengthy discussion, the Attorneys agreed on the following dates to allow access for repairs October 11th and if need be, October 13th, any time between 8 : 00 a.m. - 8 : 30 a.m. Dr. MacMillan suggested that calls be made before the worker gets his truck there to be sure that someone is home. Mr. Osgood suggested that the calls should be made at least the day before. Mr. Osgood reiterated that this issue should be resolved with those two dates - because if it is not_, the Board of Health will not enforce anymore orders. 9:15 P.N.- LOT 1A AND LOT 1C TURNPIKE STREET - REOUEST AN EXTENSION FOR PLAN REVIEWS WHICH EXPIRES 9/9/94. Mrs. Starr stated that these plans were approved on September 9 , 1992 and Mr. Piero wanted an extension of one (1) year. Mr. Osgood stated that this is not a problem. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant an extension of one (1) year for plan reviews Lot lA and Lot 1C Turnpike Street. 9:30 P.M. - 86 WILLOW RIDGE ROAD - REPAIR - VARIANCES TO TITLE V: Mrs. Starr stated that this is a repair and the system was installed in 1976. Mrs. Starr stated that one thing she had learned from DEP was that if it is a pre-title V system prior to 1978, they have to address the reserve issue. Mrs. Starr stated that the system is not 100 feet from wetlands, it is 60 feet, no reserve area, the edge of the bed will be 44 feet from a drainage easement where 100 feet is required, and bed bottom will only be 2 feet to ground water. Mr. Osgood asked Mrs. Starr, "what are you going to do"? Dr. MacMillan responded, "reject it" . Mr. Osgood said, "no, we can't because it is a repair" . Mrs . Starr stated that on a repair, I go out and dig a deep hole to get an idea as to where the water table is and this was clay and high water. Mrs. Starr stated that this was an area that was a swamp, and she does not how it got in there in the first place. Dr. MacMillan asked about the reserve area - is there any room for the reserve area asked Dr. MacMillan. Mrs. Starr responded "no" . Mrs . Starr stated that the existing system is right in the same area which is all going to be dug up, all the contaminated soil removed and new fill put in. Mr. Osgood mentioned to Dr. MacMillan that this is what they do anyway. Mr. Osgood stated that the reserve areas are in the law but many time when they do a system over, they would go in and rip everything out and they do not use the reserve area - they tear everything out, get rid of the soil and go in with sand and gravel. Mrs. Starr stated that you really can not geta reserve trench in between the primary trenches because the effluent does not just go straight down, it goes laterally as well. Dr. MacMillan asked, "how are we going to approve this, it has to go to the State"? Mrs. Starr responded that if the Board agrees to grant the necessary variances allow this system to be installed in the Town of North Andover and it would then go to the State for their approval. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to allow this system to be installed. Other Business: Review Massage Rules and Regulations: Mr. Osgood stated that rather then re-write the regulations at this point, he noted that in paragraph #20, Waivers: The Board of Health may waive any of the requirements of this regulation except those relating to life safety or zoning. Mr . Osgood suggested that the Board Members waive the requirements of Section #16 (A & B) until further notice. Mr. Osgood also suggested sending all Massage Therapists a copy of the regulations and a letter stating the Board' s vote. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to waive the requirements for Section #16 (A & B) until further notice. Flu Clinic - Discussion: The flu clinic will be held on the following dates: November 2 , 1994 , November 9, 1994 , and November 16, 1994 from 1 p.m. to 3 p.m. at the Senior Center. Update - Complaint .- Sutton Pond Condo: Mr. Osgood stated that a meeting was held in reference to an elderly gentleman who owns a condo at Sutton Pond. The elderly gentleman is easily excitable, shows bizarre behavior and attacks people and the Board of Health has received many complaints. The meeting consisted of the elderly gentleman' s son and wife, Police Department, Elder Services, Mr. Osgood, Mrs. Starr, Ginny Foulds, and the Condo Association. The main concern of all at the meeting was to try and get some assistance for the elderly gentleman. Mr. Osgood stated that he apparently goes to a Doctor at the Veteran' s Administration and they hope to get him evaluated. Mr. Osgood stated that if that does not work, Elder Services will see if they can declare him an elderly person at risk. Mr. Osgood stated that it will take some time but we will try and get him some help and, hopefully, try to resolve this problem. Mr. Osgood stated that the Police Department is on notice that this elderly gentleman can be dangerous - people are afraid. Update - Watershed Council and PCD Direction - Nurse's Hours: Mrs. Ford updated the Board as to the current attempts to change the bylaw according to the IEP report dated 1986 - 1987 . Mrs. Ford stated that when they actually put the regulations in, they were watered down as far as a disturbance zone and a non- disturbance zone, non-discharge zone - there are always variances - you can always get a variance. Mrs. Ford stated that the Planning Board and the Board of Selectmen asked them to review the Watershed Protection Act and suggested that they make some changes. Mrs. Ford stated that they decide to go with their original recommendations from IEP. Mrs. Ford stated that this came up rather quickly and the warrant is going to open and close on Monday. Mrs. Ford stated that Mrs. Colwell came up with a one line statement saying this is what is being proposed to tightening up these regulations and then it will go before the Town Meeting in more detail. Mrs. Ford stated that they are also asking the Board of Health to tighten up their septic regulations. Mrs. Ford stated that the IEP suggests 150 feet non-disturbance zone - meaning non-disturbance - not with variances. Mrs. Ford stated that at first they thought it was a bit extreme, but the Selectman wanted to know the reason why these numbers were picked so they' re going to use the IEP report because they are not willing to fund us for another study. Nurse's Hours:. Mrs. Starr stated that Mr. Gordan' s wife was talking with a nurse who does Public Health in Lawrence and she mentioned that she couldn't understand why North Andover does not have a full-time nurse and that we send all our residents to Lawrence for their immunizations. Mrs. Starr mentioned that Mr. Gordon thought we might need a public health nurse approximately three quarter time. Mrs. Starr stated that this is something he is thinking about. Dr. MacMillan asked, "what is Mrs. Foulds doing"? Mrs. Starr stated that she comes in once in awhile in the afternoon and does follow-up on communicable diseases and infection diseases. Dr. MacMillan asked if Mrs. Foulds was full-time. Mrs. Pawelski, the secretary, mentioned that Mrs. Foulds works approximately twelve ' (12) hours a month. Dr. MacMillan asked if Mrs. Foulds will be covering the clinic. Mrs. Pawelski responded, "yes" . Mr. Osgood mentioned that Mrs. Foulds is doing fine and getting things done. Mrs. Pawelski agreed that things are running smoothly the way they are. Mrs. Starr stated that she thinks we should be able to offer, if need be, free immunization for children. Mr. Osgood stated that he didn't think it would be needed in North Andover. Mr. Osgood stated that the vaccines are given to the Doctors. Mrs. Starr stated that the Doctors charge. Mrs. Starr stated that there is a certain number of people in Town who can not afford it. Mrs . Pawelski stated that she can not imagine giving immunizations in this building in the present filthy conditions. Mr. Osgood and Dr. MacMillan both agreed. Dr. MacMillan stated that there are clinics available. Mrs. Pawelski stated that the few residents that do call she refers them to the Holy Family Clinic and they do not have a problem with that. Mrs. Pawelski stated that if immunizations are . given in the office then files would have to be kept of their record of immunizations. Mrs. Starr stated that she brought it to the Board for informational purposes since this is what Mr. Gordon suggested. Dr. MacMillan suggested that Mrs. Starr tell Mr. Gordon to be patient and to withhold the feeling that he has to do this because someone made this comment. Dr. MacMillan stated that it is working out the way we are doing it now. 200 Bradford Street - Repair: Mrs. Starr stated that this is a repair and it is terrible. Mr. Osgood asked Mrs. Starr, "well, what are we going to do about it"? Mrs. Starr stated that she has a design from Merrimack Engineering and they went out on four days and did many peres and deep holes and could not get a perc. Mrs. Starr stated that they finally got a perc that was running around 45 per inch and the design was done on a 42 per minute perc rate. Mrs. Starr stated that there are variances all over the place. Mrs. Starr stated that this is a failed system but he did not have a system - there was the septic tank and there was one pipe going out to nowhere. The system was built in 1971 . Mrs. Starr stated that Merrimack Engineering proposes to put a bed in and of course you can not have a bed if the perc rate is greater than 20 minutes per inch - that is one variance. Mrs. Starr stated that the 42 minutes per inch is the second variance. Mr. Osgood asked Mrs. Starr is this was downhill . Mrs. Starr responded, "yes" . Mr. Osgood asked Mrs. Starr if a mounded system could be installed in there. Mrs. Starr responded, "no, because you can not lift the tank - it is a walk-out basement- the pipe is underneath the cement floor. Mrs. Starr stated that Mr. Curran is trying to sell his house and he does not have any money. Mr. Osgood stated that he thought someone was going to buy it but they backed out. Mrs. Starr stated that this is what she thought Mr. Curran was going to pay the engineer with. Mr. Osgood asked what would be wrong with putting a pump and pumping the effluent up - they do it all the time in New Hampshire. Mrs. Starr stated that she called the State and they asked her if the soil perced. The State told her that they could not allow that. Mr. Osgood asked Mrs. Starr, "what is the State going to do, tell the guy to tear his house down"? Mrs. Starr stated that the State suggested, and if the Board of Health is willing to go along with it, to put in a mounded system. Mrs. Starr stated that if it is a variance to Title V, it has to go to the State. Mr. Osgood asked, "even on a repair"? Mrs. Starr responded, "yes" . Mr. Osgood asked if that was new. Mrs. Starr responded, "no, that is not new - you do not have to have a hearing on repairs but they still have to hear about it. Mr. Osgood suggested calling Mr. Curran tomorrow and letting him know what is going on and what the Board of Health is planning on doing. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to grant variances required under the plan submitted and submit to the State. Cross-Training: Dr. MacMillan inquired about cross-training and what is happening with that. No one seemed to know what the present status on cross-training was at that moment. Adjournment: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to adjourn at 9:40 p.m.