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10-23-08 BOH Minutes
North Andover Board of Health
MEETING MINUTES
THURSDAY, OCTOBER 23, 2008
7:00 p.m.
North Andover Town Hall
Selectmen’s Meeting Room, 2nd Floor
120 Main Street
North Andover, MA  01845
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Present: Thomas Trowbridge, Larry Fixler, Frank MacMillan, Joe McCarthy, Anne Brennan, Susan Sawyer, Michele Grant, Debra Rillahan, Pamela DelleChiaie  

  • CALL TO ORDER
The meeting was called to order at 7:05 p.m.

  • PUBLIC HEARINGS
  • APPROVAL OF MINUTES
  • Meeting Minutes from September 18, 2008 to be presented for signature
The meeting minutes were held, pending further review.  The next meeting will be is Nov. 20th

  • OLD BUSINESS
  • TBI Updates from Dr. Trowbridge
There is not much to announce that is new.  There has been ongoing contact with TBI and legal counsel.  The Department of Public Health has been in touch with them, as they are thinking about opening the recycling center, and want to coordinate our Town recycling area.  There are still the same conditions to meet as we talked about last time.  The list was sent to the attorney who will get the information.  There are criteria which still need to be complied with, such as determining traffic flow at the Holt Road intersection, the surveillance system, and enforcement of trash truck regulations.  The septic system was signed off and received the Certificate of Compliance.  

Dr. Trowbridge asked if the light pole has been installed.  It has not.  One of the questions posed is TBI obligated to provide money to the Town to hire a scientist or engineer to check on compliance.  They are working on how to generate that into a revolving fund.  He asked the Town Accountant to look at this issue.  It has to be someone who they agree upon.  

Ms. Sawyer wonders if we need an engineer or a scientist.  We should look at the checklist, which indicates items to check, such as tonnage, bag roller, and whether the site is clean.  It is not as much science as is Wheelabrator.  It is $20,000 per year for the duration.  Dr. Trowbridge stated that one of the numbers is adjusted due to inflation.  

Ms. Sawyer stated that we have to come up with a criteria listing.  We do not need to hire someone to create a criterion or spend money to have someone figure it out.  Dr. Trowbridge stated that after they have done a report or two, they may go back a couple of times, and not limit to just one site Finances need to be coordinated first.  
        
Ms. Sawyer received the first draft of the revised trash truck regulations from Attorney Jonathan Klavens.  She will distribute a copy for next month’s meeting, so that the Board may begin discussing it.    

Dr.Trowbridge stated that there is no formal communication going on, just more ad hoc conversations between Ms. Sawyer and Mr. Thomson.  This is based on their conditions to comply with the site assignment and host community agreement.  This is adjusted annually on the anniversary of this agreement ($20k).  It is adjusted upward by inflation.  

Mr. Fixler asked about the time frame to open.  There is nothing yet. The facility must be built, and comply with the agreement.  

  • NEW BUSINESS
  • Food establishment regulations regarding the use of outdoor storage facilities
Dr. Trowbridge mentioned this ongoing conversation and whether the Board would consider enacting regulations for storing food and other items.  Ms. Sawyer requested that the binder be passed around which has pictures of area establishments and food storage trailers.  

Ms. Grant conducted impromptu inspections of various food trailers and identified the existing conditions that utilize storage containers for food.  There was a list identifying the location, and corresponding pictures.    

North Andover has establishments that have units directly attached to the outside of the buildings, and are entered through the kitchen, but considered part of the facility by the Building Department.  There are a couple of establishments, due to logistics, which have outdoor units that are 30-40 years old.  There was not enough space inside, and they had to go outside.  There are some establishments that have overflow of equipment and/or possibly bags and boxes that may be used in the establishment, but no food.  

The Health Department. has had problems with food being stored outside in unapproved containers that cannot be accessed through the building, and do not meet the proper food code.  This includes such things as using wooden floors, and units that are not rodent-proof.  There is a list in the food code which prohibits certain types of food storage.  The majority of food establishments do not even consider this an option.  

The Board of Health has extreme power over an unhealthy situation.  We realize it does not specifically say this regarding unattached food storage.  We want to be fair to everyone.  If a new establishment came to Town and wanted outdoor storage, it would not be approved.  One of the things that we could do, is there is a federal guideline.  In the last six to seven years, the state code adopted the federal code, except what is in this document, 002-021.  

Ms. Sawyer recommended to consider adopting this in its’ entirety, except for……We could not be less stringent than the state.  The other thing that we do that the North Andover Health Department has always done is to require food safety certification.  We would like to have something in writing.  

Ms. Sawyer passed out a definition of what the food code does.  There is some sample language re: minimum sanitations.  We would look to adopt and incorporate this, and the federal guideline.  It needs to be cleaned up and sent to Town Counsel, once a decision is made.  

The Health Department can adopt the whole State regulation by reference, and then have bulleted items at a local level.  Do we want to make a definition that is clear, such as, within these four walls……to be very specific.  And, something such as, food storage is prohibited in………..and then list areas. There are other issues, such as food certification training, and we could renew every three years, instead of five. The requirement is that Must have 1 full time equivalent, or two part times (FTE).  We also like to have someone on site.  Do we want to have an emergency stipulation, such as where food storage should be in the event of a flood, etc.?   We need to identify the types of emergencies.  Allow outside storage for paper goods, cleaning supplies, etc.?  Ms. Sawyer thinks storage should be in the facility.  

Ms. Sawyer will prepare a draft regulation, and the Board will review and approve.  Ms. Sawyer will ask Town Counsel if it is ok to reference state code within local regulation, adopt by reference.  Town Counsel does encourage hearings to be sure that everyone knows.  For November, Ms. Sawyer will have a draft copy ready.  

  • Removal of Massage Regulations
Ms. Sawyer is recommending to rescind existing massage regulations.  We have looked at the State regulations.  We can’t continue to permit, and do inspections.  We will have no authority.  Dr. MacMillan asked about the site that had a variance through the BOH.  Dr. MacMillan states that if we have no power to regulate sites, then we do not need to have it on the books.  Ms. Brennan asked about inspections.  The state indicates inspections, but realistically, would not be able to be inspected that often due to low staff levels.  

Motion
Dr. MacMillan made a motion to rescind the local massage therapy establishments and therapists.  Ms. Brennan seconded the motion.  All were in favor.  

  • NEW BUSINESS
  • COMMUNICATIONS, ANNOUNCEMENTS, AND DISCUSSION
  • Environmental Consulting – air quality monitoring
This is currently being done by Tech Environmental.  They are due by Oct. 27th.  SS is asking for the evaluation needs to be complete by 10/31.  They will be opened, and follow the process.  Then they will be evaluated with criteria.  SS is looking for a volunteer so we can award quickly.  New contract would start January 1st.  The RFP is online.  Mr. Fixler is interested in reviewing the Wheelabrator contract.
  • Title 5
This is currently being done by Mill River.  Dr. Trowbridge will assist with the Title 5.  

Ms. Sawyer is looking for three food inspectors.  She is going to get quotes this week.  

All contracts will be for three years.

  • 2008 Flu Vaccination Clinics
  • Attendance statistics
Ms. Rillahan reports that the attendance was good at the Town Hall clinic – about 120.  Attendance at other locations was down.  Lost Edgewood, due to new management.  This was a big loss for money.  She also did the Fire Dept. tonight.  A lot of employees got the flu shots.  The last big hurrah will be at the high school from noon time on.  It will be in the newspapers.  They are also doing a canned good drive at the polls also.  There will be good  signage.  We started with 1,700 doses, and about 600 doses are left.  Gave some to the schools, and they paid for it.  There will be a pneumonia clinic on November 20th.  Dr. Trowbridge asked about the vaccine distribution for flu.  There are five different formulations from different manufacturers.  It came to the Health Department and was passed out to the various pediatricians.    

Ms. Rillahan will be doing two Wed. per month at the Sr. Center, because they lost the grant for the VNA.  Ms. Brennan offered to find help once a month.  

  • CORRESPONDENCE/NEWSLETTERS
There was a meeting yesterday regarding the budget.  The Town Manager is creating a reserve fund by cutting budgets of departments.  There was $3,200 in reserve for non-union.  Raises due July 1st, were not given out.  If Deval Patrick does not cut mid-year, they will revisit in the spring, and may receive raises at that point.  This was for last years’ work via Goals and Objectives.  Each department was asked to return 1.55% of their budget.  We have about $2,400 left total not dedicated to salary.  Our discretionary is $6-8K to play with.  We still won’t meet the $2,797.  

  • ADJOURNMENT
Meeting was adjourned at 8:46 p.m.

Prepared by:
Pamela DelleChiaie
Administrative Secretary

Approved by:
___________________________
Larry Fixler
Clerk of the Board


 
Town of North Andover 120 Main Street, North Andover, MA 01845 Phone: (978) 688-9500
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