North Andover Board of Health
MEETING MINUTES
THURSDAY, March 27, 2008
7:00 p.m.
North Andover Town Hall
120 Main Street
2nd Floor Selectmen’s Meeting Room
North Andover, MA 01845
Present: Dr. Trowbridge; Larry Fixler; Frank MacMillan; Joseph McCarthy; Anne Brennan; Susan Sawyer; Michele Grant; Pamela DelleChiaie
I CALL TO ORDER
The meeting was called to order at 7:02 p.m.
II PUBLIC HEARINGS
A. Adoption of proposed regulations for Wood Burning Furnaces/Boilers – continued from February Meeting
This is a continued hearing of the Board of Health consideration of this regulation. Mr. Fixler made two suggestions to the last considered draft. In section 5F, he suggested language to require new installations to meet any modified standards in the future. In section 6C, he added a phrase to clarify that the owner will pay for any required testing. The changes were discussed.
Motion: A motion was made by Dr. MacMillan and seconded by Mr. Fixler to amend and accept the regulations with the suggested change to Section 6C. All were in favor and the regulation was signed.
III APPROVAL OF MINUTES
A. Meeting Minutes from February 28, 2008 to be presented for approval
Meeting minutes were approved and signed. All were in favor.
Executive Session minutes re: JRM Hauling from February 28, 2008 will be signed at the April meeting per Dr. Trowbridge.
The Special meeting minutes re: JRM Hauling and Butcher Boy from March 25, 2008 will be signed at the April meeting per Dr. Trowbridge.
III OLD BUSINESS
A. Update on the TBI Process
Ms. Sawyer stated that yesterday, a building permit was issued to TBI by the Building Department. The Site Assignment, item number 37, on page 25, refers to the fact that TBI shall obtain, in writing, approval from Mass Highway for a traffic light TBI may apply for a building permit. A building permit has been applied for, and we have not received the document they are referring to. A preliminary letter from Mass Highway was received in August of 2007. The developer and Representative Torrisi worked on this. To the best of our understanding, there is no official approval from an engineering firm for a traffic light. There were no engineering plans, contractor submission, etc. There was talk about a lot of different things that could have been put in at the site. The
conditions state that TBI shall obtain approval in writing. The Health Department maintains a guidance letter, but no official approval.
Mr. McCarthy asked about the $200,000 cost for a traffic light. This amount was to be held by the Town for five years. If the cost were to be $100,000, the balance would continue to be maintained by the Town, and the Town could have a traffic study done after the light is operable, and the light could then possibly be upgraded. When Dr. Trowbridge spoke with the engineer at Mass Highway, a red, yellow green light is close to this cost. Mass Highway stated that this location did not meet the minimum needs for a tri-colored light. This is up to the Board of Health to enforce this.
To what extent do we want to pursue this as this is a violation of the agreement? The Town Manager cannot instruct the Building Inspector not issue the permit.
Mr. McCarthy asked if TBI understands that this is a violation.
Ms. Sawyer referred to the chart document created by Mr. Thomson that tracks when things need to be done. They are aware of the procedures that need to take place.
Ms. Sawyer stated that the formal action will be that a letter will be sent regarding that the Health Department is aware of a building permit being issued which is in violation of item #37 in the Site Assignment agreement. If TBI does not withdraw, it will then become a violation of the site assignment. The Board of Health will possibly need to pursue legal action if the direction of the site assignment is not followed. Attorney Jonathan Klavens will be copied in on this.
B. JRM Discussion
An agreement was drawn up by Town Counsel. The order from two months ago is now revoked, and this agreement will supersede it. It will become a public document once agreed to and signed.
Motion
Mr. McCarthy made a motion to rescind the order letter at the January 2008 meeting. The motion was seconded by Dr. MacMillan. All were in favor.
Motion
Mr. Fixler made a motion to accept the agreement letter dated March 27, 2008, between the North Andover Board of Health and JRM Hauling, care of Mr. James Motzkin, President. The motion was seconded by Mr. McCarthy. All were in favor.
IV NEW BUSINESS
A. Butcher Boy – Proposal to construct 800 square foot outside refrigerated storage cooler - Butcher Boy requested to withdraw and attend the April 2008 meeting.
V COMMUNICATIONS, ANNOUNCEMENTS, AND DISCUSSION
A. Best Management Plan – Mosquito Control – 2008
This plan has really evolved, and is more specific to the Town of North Andover,making local management recommendations very prudently and according to recent surveillance data. It is a very proactive plan. This has been a good program, and the agency moved with the information that they had. The WNV task force list needs to be updated and sent out. We need to talk about what to do before school opens next fall. North Andover has many wet areas, which is why the Conservation Department has so much business. There is also certain flexibility in the plan, which allows for direction by the Board of Health. There were some barrier treatments last year. The first set of traps will go out on April 1st.
Dr. Trowbridge stated that last year, the scientist came with the powerpoint presentation, DVD, etc. This would be a good resource. It would be good to have this happen again, or to replay information on cable.
B. Lyme Disease
Ms. Kristin Sweeney, a resident on Turtle Lane in North Andover, was present to speak about Lyme Disease, and her concerns. She personally spent about 18 months dealing with Lyme disease. In the interim, she has met a lot of other people who have suffered from this disease. On her street, Turtle Lane, there have been four people diagnosed with Lyme Disease. Ms. Sawyer stated that she checked with the Public Health Nurse, and that there was only one official report of Lyme Disease on Turtle Lane. Ms. Sweeney feels that this disease is under-reported.
Dr Trowbridge spoke about the Massachusetts website information sheet on the disease, and also some additional information provided by Ms. Sweeney. Dr. Trowbridge stated that tickborne disease is spread by the person traveling to the ticks, and this is a harder vector to control. Mosquito control measures allow us to keep them walled off to a certain area if needed. There is a lot of controversy in the medical community about Lyme Disease. The mission of the Board of Health is to protect the public health. There was a link to a study in Connecticut and how many ticks positive for Lyme disease. This was run by a professor at the University of New Haven. Dr. Trowbridge sent an email about how to assess our area. The bottom line is education. It is important for people to
protect themselves. People go hiking, and there is a trails committee that will be helping with signage and a warning about ticks. The Department of Public Health advises local Boards of Health to get some articles in the paper. These are good human interest stories, and will educate the public. We also have a database of contacts to medical offices in North Andover that could be sent around to the various offices reminding them that this time of year is an especially big problem. We may be able to get this on cable television as well. These are reasonable action points for public education.
It appears that 90 percent of people diagnosed live in the Northeast. In the past, the Health Department has given out tick removal kits. One of the problems is that the Lyme test creates a lot of false positives. There are three types of antibody tests to detect Lyme disease:
· Enzyme-linked immunosorbent assay (ELISA). This common and rapid test to identify Lyme disease antibodies is the most sensitive screening test for Lyme disease.
· Indirect fluorescent antibody (IFA). This test also screens for Lyme disease antibodies.
· Western blot test. This test also identifies Lyme disease antibodies and can confirm the results of an ELISA or IFA test. It is most often done to detect a chronic Lyme disease infection.
One thing that is not disputed is that it takes 4-8 weeks after being bitten to determine if one has the disease or not. The bulls-eye rash only presents in about 50% of people. It is important to provide people with a number to send a tick to get tested. This will be a link posted on the website.
Ms. Sawyer states that in the next few weeks, she will be doing a cable presentation on Lyme Disease, and will incorporate some of the information from this evening and have possibly have Curt Bellavance, the CDS Director attend, who has had Lyme Disease.
Ms. Sweeney is forming an action team which will be in touch with the papers. Ms. Sawyer suggested that she also get in touch with Cheryl Barczak who is now the head school nurse, and would be a liaison with the school in Town.
It was suggested that in April, people can lay down a granular pesticide to help cut down on ticks. Mr. McCarthy also suggested acquiring Bantam hens and Guinea hens, as they eat ticks. One method would be to get rid of more deer, such as they are doing in Connecticut.
The tick has to be attached for 24 hours to spread the disease. If one is diagnosed, it is three weeks of heavy antibiotic treatment. It was noted by someone that Golf Digest states that bad golfers have more incidence of Lyme disease, as they are often go beyond the perimeter of the course where ticks congregate. There are booklets on the DPH website about Lyme Disease. It would be a good idea to make copies and place them around Town for people to read.
C. Chief Martineau
Ms. Sawyer noted that Bill Martineau was recently installed as the permanent Fire Chief in North Andover. The Board of Health should send a congratulatory letter. Chief Martineau sees eye to eye with the Health Department on a lot of issues. He has been sending emails, and is looking forward to helping with upcoming emergency trainings. It was noted that he sent over the NIMs training book to be copied.
Motion
Dr. Trowbridge will draft a letter to this effect. Mr. Fixler made a motion congratulating him, and working with him in the future. Mr. McCarthy seconded. All were in favor. Will send letter next week.
D. Solid Waste Regulations
Mr. McCarthy would like to update as warranted these regulations. Jonathan Klavens, Town legal counsel, has agreed to work on this. It is not just a revision. We need to look at the condition of the TBI site assignment and work with the Police Department for enforcement. The Board of Health agreed to whatever works for enforcement. It will drastically change the entire regulation. This will be a re-write. There will also need to be hearings for the truck owners. Mr. McCarthy wants to be sure that the incident with the placards does not happen again.
Dr. Trowbridge stated that we can do some minor modifications, but he doesn’t want to go to go crazy over it, as there will ultimately be a whole new set of regulations. Mr. McCarthy states that he wants to add about five more words to the current regulation. Ms. Sawyer stated that the mechanism of enforcement will change.
Motion
Mr. McCarthy made a motion to open a discussion to consider the hauling and disposing of solid waste, and that there will be an open hearing to revise the regulations. Ms. Brennan seconded the motion. All were in favor.
Ms. Sawyer stated that a hearing for trash trucks is not required. The only hearings required are for air quality and septic. It is best if it is noted on the agenda as a discussion item. It was suggested that there should be a small amendment in the authority section.
E. Rental housing issues
Ms. Sawyer states that in 2004 our selectwoman wanted a pre-rental housing program. In the meantime, there have been other time consuming issues, as well as other new regulations, such as the Outdoor Wood Boiler Regulations, to review. Development of any rental housing regulation would require much time. The other key aspect of a any new program is implementation/’enforcement’, which requires time and manpower as well. Ms. Sawyer sees it as a two-year plan, and has been working on it on the side.
There is a 25-30% ratio of renters in Town. When it comes to rental housing, the Health Department is used by tenants and landlords. There is a low number – 2-5 complaints a week, but of high intensity. If a particular complaint goes to court, it can go on and on. It is not all one sided. There are bad tenants and landlords.
Haverhill, Georgetown, Lawrence currently have pre-rental housing programs in place. The owner of the rental property pays a designated fee, has an inspection by the Health Department, and issues a certificate of compliance that the rental property meets the code, and then the rental unit can be occupied. All violations could be corrected ahead of time. Ms. Sawyer has a presentation that she can pass on that she has from last year.
Mr. McCarthy asked how many communities participate in this type of program? We want to find out. The Department of Public Health states that Boston, and some others have this program. In a Town with 30,000, there should be minimum standards. There is a question as to how the Health Department will actually do this work. The first year will be program implementation and the second year is actually taking action. Ms. Sawyer is not sure whether to use existing staff, hire a consultant, or to pass the task on to another department.
Ms. Sawyer will send out some general information on these types of programs, and we will have an open discussion at a future meeting. As far as financing, this will materialize from discussions with the Town Manger, Finance Committee, etc.
Ms. Sawyer proposed an idea for this years’ budget as a way to finance this program, but it was denied. She needs to come up with the money to finance the program. Housing inspections in some other communities charge approximately $25 per inspection. If an owner rents without getting a required inspection, there would be a fine of something like $300.
IV. ADJOURNMENT
The meeting was adjourned at 9:10 p.m.
Prepared by:
Pamela DelleChiaie
Administrative Secretary
Approved by:
_____________________________________________
Larry Fixler
Clerk of the Board
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