North Andover Board of Health
MEETING MINUTES
THURSDAY, February 28, 2008
7:00 p.m.
North Andover Senior Center
120 Rear Main Street
North Andover, MA 01845
Present: Dr. Trowbridge, Larry Fixler, Joseph McCarthy, Francis MacMillan, Jr., M.D., Susan Sawyer, Michele Grant, Pamela DelleChiaie
The meeting was called to order at 7:00 p.m.
- Adoption of proposed regulations for Wood Burning Furnaces/Boilers
Ms. Sawyer brought up a section on the proposed regulations is that a separate permit should be issued by the Health Dept. such as is done for a well or a septic system. Last month there was a discussion of whether or not to have someone from the state speak. Town counsel can review this also. There is some guidance, but no state or federal ordinance. The state is currently looking at a bill.
Mr. Fixler noted permits on the site plan section. All required permits should be obtained, including a separate additional permit required by the Board of Health.
Mr. McCarthy noted that the Board of Health has spent a lot of time researching this, and putting it together.
Dr. Trowbridge states that if the permit is required, there are two different ways that the Board of Health can insure that this is followed. Ms. Sawyer explained the current Building application process. When approved by the Board of Health the person can get the building permit. This is similar to other requirements of permits needing approval from other departments.
Mr. McCarthy asked if such notes should be sent to Ms. Sawyer, and she will send on to Town Counsel.
Dr. Trowbridge noted in Item 5, Section D. – Outdoor wood quadraphonic heater – indicates moving into the next phase. When the next phase is included by the EPA, this should become the required status.
Mr. McCarthy noted the emissions tests in Section 6. He is not sure if this should be a grand fathered item or not.
Ms. Sawyer noted the suspension of permit, item number 6. When a resident wants to put in a well, they apply for a permit to construct, with certain requirements. The Board of Health does not get involved unless there is a violation in the future. The permit is only to construct. This new permit refers to maintaining and use of. Is the permit to construct or use? Do we want annual checks on these?
Mr. McCarthy stated that if they have an EPA status approval on the unit, and they run the unit on limitations, he thinks that suffices. Maybe it should be a suspension of approval. This is an engineering exercise, not a legal document.
Ms. Sawyer stated that we need to clarify what our role is as the Board of Health.
McCarthy stated that if there are concerns, then there are tests that will need to be conducted.
Dr. Trowbridge stated that we are looking for a permit to construct and operate, but the permit can be suspended if a nuisance concern arises.
This hearing is continued to the March BOH meeting to vote on an ordinance.
- Tobacco Hearing - SJ Enterprises (Sam’s Mobil) – 2nd Violation within a two year period. – Cancelled. Ms. Sawyer granted a continuance until March. Sam’s Mobil appealed to court to overturn their tobacco violation penalty fee. However, the Board of Health still has jurisdiction over their permit.
- The minutes from January will be approved at the March 27th meeting.
- Update on the TBI Process
Per Dr. Trowbridge, the Town is close to putting together contract with TBI. There was some back and forth with Attorney Klavens about creating hardship on TBI. There were certain conditions beyond site assignment. Some imposed beyond. One item that was discussed was about moving into single stream recycling. The contract would supply to all homes in Town and have trucks to pick up that sort of container. That would create more efficiency. Everything would go into one can. That sort of detail was not listed in the site assignment, and it is a financial cost, for which TBI is not willing to go to that extent. We are close to protecting the Town of North Andover and working closely to procuring a site assignment which is being taken care of by Attorney
Klavens. It is really a recycling process, but that is where we are. A second revised contract version should be ready by next week. The Board of Health just participated in negotiation. The agreement needs to be finalized by TBI, the Town Manager and the Board of Selectmen. Dr. Trowbridge is confident that it will be a good program.
Ms. Sawyer stated that TBI has applied to begin site construction, and the DEP has allowed them to do items that are incidental such as underground construction and retaining walls. Conservation required some pre and post water sampling from monitoring wells and the test results will come next week. They have not gotten approval for an actual facility. The building permit condition is that the light must be approved. The blinking light is in process, but not approved yet. Progress is being made, but we are awaiting further approval. Tentative approval by the state may happen in the fall. The first application was denied, and the state has 180 days to review.
- Stevens Estate – Modification to the letter dated January 17, 2008 to the Stevens Estate
Kevin Willoe presented for the Stevens Estate. He passed out a packet of information to the Board of Health members. Out of the 40 initial issues, 28 have been addressed, and 12 are still open. There was a contractor in today to go through the bidding process. There is painter starting on March 10th. The Estate now has funding of $30k to bring the kitchen up to date. They want to continue to operate as a catering model, with outside caterers coming in. These issues will be done before the summer time, when most of their large functions take place.
Ms. Grant viewed the site today. She had concerns about the walk-in refrigeration prior to having a catering company in there. There is nothing scheduled until May, and it is a smaller party, such as a fundraiser. It will be catered. There is no food storage on premises, and no usage of the walk-in.
Ms. Sawyer stated that the Estate has eliminated a lot of storage areas not considered to be adequate. The wooden walk-in needs extreme work – it needs to be covered with steel, or pulled out and replaced altogether. There is not enough money set aside right now to fix this large problem. The Stevens Estate is going to cost it out to see what the price will be. Mr. Willoe would like to use the dishwashing area; however; no clean dishes would not be placed on the counter, which was a main area of concern.
Mr. Willoe stated that one issue is the hood above the stove. They are waiting to hear feedback from the Fire Department. He expects that all of the other issues will be addressed.
The storage walk in needs to be clearly marked to store beer, beverages, etc., but NOT food. Management needs to be clear on this – no food storage. \
Ware washing area – this dishwasher should be used properly, and the temperature should be upwards of o 180 degrees.
A lot of the prep work will be done by caterers elsewhere, so that it reduces the risk of using the counters that are not in acceptable condition.
There is an area referred to as the “pass through.” No food prep should take place in this area at all.
Dr. Trowbridge asked how large the walk-in is. It is not very large. Ms. Grant stated that the Stevens Estate may want to seriously consider taking out the whole thing, and putting in an updated, new one. Mr. Willoe stated that the walk in is cold all the time, as they order products ahead. It is now a matter of getting contractors to get in and complete the work.
Ms. Sawyer stated that the Health Department appreciates use of the catering model for now during the work that needs to be done.
Painting, sink repairs, etc. will be done soon. The other, larger issues will run into a Town process. Dr. Trowbridge asked if the $10k will take care of the hood and walk in issues. Mr. Willoe stated that he is buying a new stove to update the kitchen. Members of the Board at the Stevens Estate are undertaking the process to help get the work done if there is a lag with the contractor.
Ms. Sawyer stated that all of these items were originally to be completed by tomorrow, Friday, February 29th, 2008.
Motion
The Board grants an alleviation of the requirement to have all items corrected by Feb. 29th and grants and extension to partial use of the kitchen. The walk in shall be storage for alcohol and beverages only. The dishwashing area is for washing dishes, but not for food preparation or food storage. Also, the Board will reassess the situation in two months to know the status of the walk in, and other items.
Mr. Fixler made a motion to approve the kitchen for limited use, and the walk-in for only alcoholic and beverage storage. The ware washing area can only be used as specified by the Health Department. This is a limited model using outside catering companies. Food and cooking is limited to catering companies, no cooking of food. The extension will require a progress report in two months, May of 2008. The motion was seconded by Dr. MacMillan. All were in favor.
Executive Session
The Board of Health excused themselves for Executive Session at 9:05 p.m.
Regular Session was re-opened at: 9:45 p.m.
- COMMUNICATIONS, ANNOUNCEMENTS, AND DISCUSSION
- Fiscal Year 2009 - Ms. Sawyer reviewed the information with the Board of Health members. Mr. McCarthy asked the members to look at page 95 at an addition error. The error was noted and will be brought to the attention of the accounting department.
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- JRM – Mr. Motzkin, the President of JRM was present. Mr. Motzkin is making an appeal to the Board of Health regarding the January meeting. He would like the Board of Health to reverse the decision made at that time. There is a hardship on the customers that they service, and perhaps there could be some type of monthly report submitted so that the Board is able to see how everything is being followed. He would like to have the placards restored and the right to serve their customers in the Town of North Andover.
Mr. McCarthy brought up the falsification of placards. He asked if it was a deliberate and willful intent on part of company to defraud the Town of North Andover. Mr. Motzkin stated that the person involved in the deception did not understand the gravity of the situation. Was the attorney representing JRM familiar with the incident of falsifying placards?
Mr. Fixler asked about what level of involvement was there by employees, and how high did it go, in order for someone to re-create the Town Seal? Mr. Motzkin wants to let the Board of Health know that in the future, he will be the contact for all issues regarding waste hauling. Mr. Motzkin gave Mr. Peter Gamarche full management authority in the past, and did not review his actions until this incident came up. Mr. Gamache had previously stated that he was at a low level of management, and then it was discovered that he was actually the General Manager.
Mr. Motzkin spoke with Ms. Sawyer, and guaranteed her, that what transpired in the past, and that the Town would not have a problem with JRM. Perhaps there could be a probationary period to operate within the guidelines setup.
Mr. Fixler noted that at the last meeting, it was stated that 5-8 placards were duplicated. Mr. Motzkin stated that they were destroyed by Gamache so no evidence would be found.
Mr. Motzkin has a contract with Wheelabrator that calls for a certain amount of tonnage to be delivered. Without being allowed to go through North Andover, it will be nearly impossible to provide the tonnage required. He would either need additional trucks to accomplish that, or seek alternative sites. That would probably not benefit anybody, and would be a financial hardship for everybody. He proposes a penalty to impose, which would allow JRM to provide the tonnage, and in that period of time to operate in the way that they should.
There were originally 10 placards, and they now have 3. JRM had a request for many more than they received. JRM has not provided sufficient documentation to show that additional placards are necessary. If they had something between 3-5 they could still accomplish their goal.
Mr. McCarthy asked Mr. Motzkin what he thought the penalty should be. He is willing to agree to what the Town is proposing as a penalty.
Dr. Trowbridge stated that one of the problems is that this was a violation, and that as these violations are being written over the years, the Board of Health is really struggling with how to deal with this, as this situation is setting a precedent, and putting a hardship on the Police Department. The Board of Health is looking for collateral. If the placards are given back, what does the Board do if JRM trucks are found with fraudulent placards? How many circles can we go in?
Mr. Motzkin stated that if there was something to agree on, he would agree to it. Mr. McCarthy stated that last month, he did not believe anything the lawyer said. However, he senses the deep level of sincerity that Mr. Motzkin is conveying to the Board.
Dr. Trowbridge asked for a description of the hardship, and asked for alternatives if the Board of Health does not grant an alleviation of the hardship.
Mr. Motzin states that they do not drive through North Andover, but use Route 495. It is difficult to collect all of their tonnage by using a circuitous route. In addition, they have commercial customers in Town, and unless able to go in those areas, need to make other arrangements. If JRM is not servicing their accounts, as they have, it would not be a favorable contract for them. Not being able to serve all of their North Andover locations will jeopardize their entire account throughout Eastern Massachusetts.
Dr. MacMillan stated that when they went through the history of violations, they felt that for JRM, the ticket violations became a cost of doing business, and the Board of Health made a decision based on what they thought was the only remedy available to them.
Mr. Motzkin stated that as far as some sort of remedy to rectify the situation and move forward, he is not sure what to offer the Town. He would like some guidance to come up with a solution. The fines that JRM has incurred have been something they factored into the cost of doing business. When the original ordinance was put into place, fines were not part of the plan, so they have had to adjust.
Dr. Trowbridge asked how many trucks go through Town to service North Andover customers. Motzkin stated that it is a combination of roll off, and recycling, trash collection. There are three or four trucks that are coming into the Town separately to provide this type of service approximately three to four times per week.
The meeting was adjourned at 10:00 p.m. Motion made by Mr. McCarthy and seconded by Dr. MacMillan. All were in favor.
Prepared by:
Pamela DelleChiaie
Administrative Secretary
Approved by:
_________________________________
Larry Fixler
Clerk of the Board
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