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HomeMy WebLinkAbout1998-12-14 Board of Health Minutes k l I f BOARD OF HEALTH MINUTES DECEMBER 14, 199$ Mr. Osgood called the meeting to order at 7:15 p.m. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan,M.D.,John S. Rizza,D.M.D., Member, and Susan Ford,Health Inspector. 1779 GREAT POND ROAD—REQUEST FOR AN EXTENSION FOR SEPTIC REPAIR: Ms. Ford stated that Mr. Ben Osgood,Jr. came before the Board in 1997 with a septic system failure and requested an extension of five years and the Board of Health denied it. The Board Member's advised the owner to get it repaired as soon as possible. Ms. Ford stated that it's been two years now and they are still not ready. Mr. Osgood asked, "What is wrong"?Ms. Ford replied, "They had the hardest time getting peres". Ms. Ford stated that they finally got the peres done. The Lawyer of the new owner really wants this done, but suggested that since it is coming up to the two years,to ask for 6 months because of the winter months and obviously they can not install a system in the winter. Ms. Ford stated that a plan has been submitted but she is not sure if it is approved or not. Mr. Osgood suggested giving them to June 30, 1999. On a motion by Dr. MacMillan,seconded by Mr. Osgood,the Board voted unanimously to grant a six-month extension at 1779 Great Pond Road until June 30, 1999. VARIANCE REQUEST—REPAIR AT 193 FOSTER STREEET—MISTAKENLY 139 FOSTER STREET—DISTANCE TO WETLANDS: Ms. Ford stated that Christiansen& Sergi requested a variance of 50 feet—distance to wetlands. On a motion by Dr. MacMillan,seconded by Mr.Osgood,the Board voted unanimously to grant a variance to wetlands, 50 feet as opposed to 100 feet. Mr. Osgood brought it to the attention of the Board Members a letter from Michael Howard, Conservation Administrator, stating his concern that the Board of Health is giving variances before the wetland line had been defined by Conservation. Mr. Osgood stated that he didn't realize this and it certainly is not the Board of Health's policy to do so. Dr. MacMillan suggested that in the future,the Board of Health should make sure the Conservation Commission defined the wetland lines before granting a variance. Page 2 Minutes: December 14, 1998 At this point in time,Mr. Osgood announced that the reason for the delay on the Host Community agenda item is because there is question as to when this meeting was posted for—7 p.m. or 7:30 p.m. Dr. Rizza arrived at 7:25 p.m. EMERGENCY CALLS: Dr. Rizza stated that he doesn't have anything against the Police or Fire Department but they keep waking him up at 2:00 a.m. Dr. Rizza suggested on getting a base call list for emergencies. Dr. Rizza stated that the Police &Fire Departments need someone from the Health Department to act as soon as possible because they do not have the authority to close a restaurant down. Dr. Rizza recommended to give the Fire &Police Department a calendar for 1999 and designate one of the members or agents an on call person per month. Mr. Osgood suggested to compensate Ms. Ford as the on call person. Ms. Ford lives in North Andover. Mr. Osgood stated why not get Ms. Ford to do this. Ms. Ford stated that she happened to be looking in the minutes and noticed that back in March 1997,Rich Betcher asked the Board of Health for this list and it was given to him in a particular order. Mr. Osgood asked Ms. Ford, "Isn't there any way the Health Department can get more money for you to do this"? Ms. Ford responded, "We don't have more money". Mr. Osgood suggested speaking to the Town Manager about this. Dr. MacMillan stated that if the Town wants the Board of Health to do this the Town should provide remuneration. Dr. MacMillan stated that this is abusive to call us out in the middle of the night. Dr. Rizza pointed out that this has happened four times this month. It seems to be more frequent. Mr. Osgood stated, "Hypothetically, we could give Ms. Ford a half day off when she does a call." Dr. Rizza stated that the Chief would like three letters to go out—one to the Police Chief, one to the Fire Chief, and one to the Town Manager. Mr. Osgood suggested to the Board Members that he work it out with the Town Manager. COMMUNITY HOST AGREEMENT: Kenneth Kimmell,Esq., the Town Attorney,was present. The host agreement money to benefit from MRI to North Andover. Mr. Osgood stated that the meeting is called to approve or disapprove,the Host Community Agreement—Wheelabrator. Mr. Osgood stated that another issue is for the Board of Health to give up their right to the Site Assignment. Mr. Osgood stated that he Page 3 Minutes: December 14, 1998 was around then and if he had even thought that the State did this as a method to somehow go over the Town's head,he certainly would not vote to give up our right. Mr. Osgood stated that he knows what happened, it was done as a convenience and the Town wanted it done that way and that is the way it was done. Mr. Osgood ask Attorney Kimmell to inform the Board Members as to what is going to be done. Attorney Kimmell stated that there are two documents for the Board of Health to review tonight- one being the Host Community Agreement,which provides for a very substantial amount of money and other environmental and belated benefits to the Town from MRI. Attorney Kimmell stated that in a Host Community apart from the Settlement Agreement,the only provision in which the Town is given something that is found on page 2 where MRI and North Andover agree to work constructively in good faith and mutual interest. Attorney Kimmell stated that other than that paragraph it is essentially it is an agreement in which the Town receives many,many benefits. Attorney Kimmell stated that the Settlement Agreement which the Board of Health also has to execute to make it a all a packet which the Board would have waive their authority to require the original facility to obtain the site assignment. In other words,there was a vote taken two years ago in which the Board asked someone to come in and provide data,which would institute a site assignment. This document, if executed, would also be agreeing to certain factual representation to the nature of the facility,how it was established back in 1982, etc. Attorney Kimmell stated that he checked all of that factual representation and there were documents that established each and every one of those points. Attorney Kimmell stated that he has said a number of times before,the Site Assignment is always a means to the end,not an ending of itself. It is to provide greater benefits to the Town and greater environmental protection. Attorney Kimmell stated that it seems to him that this is a situation where the Town has a lot to gain by signing these agreements and essentially nothing to lose and he would recommend that these agreements be signed. Attorney Kimmell stated that he would like to mention the escrow agreement and how is might be structured. Mr. Osgood stated that only thing that he wants to add so it is perfectly clear on the record is that this is not a public hearing,the public hearing was already held on this matter. Mr. Osgood stated that this meeting was advertised as a meeting of the Board of Health, not a pubic hearing on this matter. Dr. MacMillan Asked, "Does the Board of Health incur any liability by giving up our rights to the site assignment in the future?" Attorney Kimmell responded,"No". Dr. MacMillan said, "For example, someone comes out of the woodwork and says. "You people granted this site assignment and you have up your right to do it yourself and we thing you're responsible for contaminating in the Town and now we are going to find you legally guilty of hurting the Town. Attorney Kimmell stated again, "No". Attorney Kimmell stated that first of all,you are not abrogating anything,the analysis that John Page 4 Minutes: December 14, 1998 Shea provided is correct. You never had a right to site assignment facility in the first place. But second of all, say you had this right and you were giving it up,you're official governmental decision makers, the Board of Health makes a decision in good faith,the town nor the Board of Health personally incur any liability. Attorney Kimmell stated that if someone gets polluted and gets cancer as a result of this facility, for example, it is the MRI's problem, it won't be the Board of Health's problem as a permitting agent. Mr. Osgood stated that the only way that this could happen to the Board of Health is if it's personal—such as someone offering money to sign the agreement. Mr. Osgood stated that if the Board operates in good faith and they are representing the Town,the Board is trying to do the best for the Town and it is very difficult. Dr. MacMillan asked, "So this site assignment is null and void forever, is that correct? Attorney Kimmell explained that what we are saying is, you have a site assignment in 1982 from the State, we the Town are not going to press the argument that the Board of health needs a site assignment to bless the facility that was built in 1982. Attorney Kimmell stated that it is possible for example that RI might want to add a third boiler or expand it's operations onto land that is not already site assigned but the Board is not giving up any rights with respect to future operations. Dr. MacMillan mentioned Town Meeting where the majority of the Towns people wanted this institution closed. Dr. MacMillan stated that he understands that a letter was sent from the Board of Selectmen to the Governor and the DEP is coming out to talk to the Board of Selectmen. Dr. MacMillan asked, "Is the Governor going to come in at the eleventh hour and say, "Wait a minute, we are going to stop this whole thing". Attorney Kimmell stated that based on what he as heard, "No",but if he does, he does—the question is what should the Board of Health do. Attorney Kimmell stated that he has not received any indication from the Commonwealth on shutting this facility down. Dr. Rizza stated that he has been approached a couple of times by some police officers in reference to the truck routes which he believes should be specific in this agreement. Attorney Kimmell stated that it does not designate truck routes in this document but regulations from the Board of Health are forth coming. I could not hear Dr. Rizza; therefore,I went by Ms.Ford's notes. Mr. Osgood stated that designating truck routes is a separate agreement. Attorney Kimmell stated that the Planning Board has already done that. It is in litigation and that is being amended a little bit which gives the Board of Selectmen more say over that issue. The Board of Selectmen also has the authority to designate truck routes, but we expect to come back to the Board of Health at some point to issue regulations that are legally forcible and to make sure that the routes are followed. Page 5 Minutes: December 14, 1998 On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted in favor of the Community Host Agreement and the Settlement Agreement and Attorney Kimmell will hold in escrow until all signatures are secured. ADJOURNMENT: On a motion by Dr. MacMillan, seconded by Dr.Rizza,the Board voted to adjourn at 7:45 p.m.