Tewksbury Board of Health

  Meeting Minutes
February 07, 2002

Chairman Stephanie Wilkie called the meeting to order at 7:10 P.M.  Present were Vice Chairman Edward Sheehan, Clerk Susan Sullivan, Director of Public Health Thomas Carbone and Recording Secretary Dawn Cathcart.

Tewksbury Hospital Zone II Protection Bylaw (Cont.)

1.      Ruth Alfasso from the Massachusetts Department of Public Health and William Kelleher from Tewksbury State Hospital appeared before the Board of Health to continue discussions of Zone II Protection Bylaw.  Ms. Wilkie stated that there were two issues outstanding from the last meeting: SPGA information is still with Attorney Zaroulis and boundary definition of Zone II.

2.      Ms. Alfasso stated that there are two ways other towns have defined Zone II.  One is using the GPS system and the other is by eyeing the property and if there is a problem, then it’s dealt with.  Ms. Alfasso gave a draft copy of a map of Zone II property in Tewksbury.  Ms. Alfasso stated that if the information exists on computer mapping she would have to check to see if it’s public information.

3.      Mr. Carbone stated that the Building Commissioner would have the final say of what is in and what is out.  Mr. Carbone also stated that they are looking at GPS and expanding Zone II to road boundaries.  Ms. Wilkie stated that using road boundaries seems the easiest to do.

4.      Mr. Carbone recommended continuing this discussion but not to a date certain.  Mr. Carbone suggested that Ms. Alfasso meet with the Building Commissioner, the Director of Community Development and himself in the near future.  Ms. Wilkie asked what the timeframe should be.  Mr. Sadwick stated that the warrant closes on March 27, 2002, so it will be before than.

5.      Matt Dailey – 38 Anthony Road.  Mr. Dailey asked if there was a precedent for this.  Ms. Alfasso stated that any town that owns it’s own water supply is required to do this.  The Tewksbury State Hospital only supplies water to themselves, but it’s in their best interest to do this.  Mr. Dailey asked if there was a known danger to the water supply.  Ms. Alfasso stated that there is always the need to protect the water supply from contaminates.  Mr. Dailey asked what happens if the town doesn’t approve the Zone II Bylaw.  Ms. Alfasso stated she would be very disappointment because this is important and would probably come back.  Mr. Dailey asked if this bylaw would go before Town Meeting.  Ms. Wilkie responded it would.

6.      Tara Coakley – 50 Trull Road.  Ms. Coakley stated that Representative Micelli was thankful that the Board of Health is looking at this issue.

7.      Mr. Sheehan asked if we could start looking at marking road boundaries.  Mr. Carbone stated that we could start.  Ms. Wilkie stated that the problem with using road boundaries is that you make the Zone II larger than what is needed and that could be unjust with a buildable lot.  Mr. Carbone stated that the experts have already plotted out a map and that should be followed.

Motion by Mr. Sheehan, second Ms. Wilkie, unanimously voted to continue the Tewksbury Hospital Zone II Protection Bylaw to the March 21, 2002 Board of Health meeting.

                                                                        Clerk: ____________________________________

8.      Steve Sadwick stated that the members of the Conservation Commission have asked about the Mashpee model.  Mr. Carbone stated that he would get that to them and also to this board.  Ms. Alfasso stated that she can incorporate that information but it’s a lot of information.  Mr. Sadwick stated that it would be helpful to understand that 23 communities have already gone through this.

Motion by Ms. Wilkie, second Mr. Sheehan, unanimously voted to close the public hearing portion of the Tewksbury Hospital Zone II Protection Bylaw.

9.      Ms. Wilkie asked that Mr. Carbone contact Attorney Zaroulis for the information needed and what our options are for controlling Zone II.

Shelly Doherty and Mary Kate Bronder– Request to Practice Massage Therapy at Balance Spa

Motion by Ms. Wilkie, second Mr. Sheehan, unanimously voted to approve the requests of Shelly Doherty and Mary Kate Bronder to Practice Massage Therapy at Balance Spa.

Show Cause Hearing (Cont.) – White Hen Pantry, 1699 Shawsheen Street – Sale of Tobacco Product to a Minor

10.  Mr. Carbone stated that White Hen Pantry plans on spending about $2,000 on smoking education kits and T-shirts for a contest at the Jr. High School.  Ms. Wilkie stated that where the state is cutting money from this area, we might not be able to do this in the future.  Mr. Carbone stated that the state plans to cut 4-8% out of the tobacco control budget.

Motion by Ms. Wilkie, second Mr. Sheehan, unanimously voted to approve the penalty as presented for White Hen Pantry.

Show Case Hearing (Cont.) – Smitty’s Liquors, 1091 Main Street – Sale of Tobacco Product to a Minor

11.  Mr. Carbone stated that Smitty’s would be purchasing a card swipe system to avoid any other violations.

Motion by Mr. Sheehan, second Ms. Wilkie, unanimously voted to waive fine in lieu of implementation of computer card swipe system.

                                                                        Clerk: _____________________________________
 

Show Cause Hearing (Cont.) – Giovanni’s Roast Beef and Pizza, 2144 Main Street – Sanitary Code Violations

12.  Jason Poole, Owner appeared before the Board of Health in regards to sanitary code violations.  Mr. Poole stated that he is looking at independent firms to do a monthly inspection.  He is currently looking at two.  Mr. Poole stated that he will be closing at 2:00 PM every Tuesday for cleaning and will be providing a new cleaning procedure for all employees.  Mr. Poole stated that he was sending 2 employees to Serve Safe class.  Mr. Poole stated that all employees will take the Serve Safe test and must get 75% correct in order to qualify for a pay raise.

13.  Ms. Wilkie stated that she held Mr. Poole responsible, not the staff.  This has been going on for a year and that the procedures set forth must be followed.

14.  Mr. Carbone suggested that the independent inspectors be used once a month for 6 months with the Board of Health getting a copy within 24 hours.  This should be reviewed in July for change in inspection to quarterly from monthly.

Motion by Mr. Sheehan, second Ms. Wilkie, unanimously voted to order monthly inspections by an independent inspector with reports to be sent to the Board of Health within 24 hours and to review this procedure at a July 2002 meeting with notice given that this license being maintained is contingent on these procedures starting in February 2002.  Also, that documentation be kept on cleaning procedures with signature and that the Board of Health is authorizing Mr. Carbone to verify these procedures.

Discussions

15.  New Jersey Road Pump Station – Ms. Wilkie stated that there are problems with easements.  Mr. Carbone stated that mortgagees need to sign off and who owns fees. The matter will have to go to Town Meeting for resolution.

16.  Board of Health Appointing Authority – Ms. Wilkie stated that the woman she needs to speak to is not getting back to her, so this needs to be tabled.

17.  April is Public Health Month – Jennie McCarthy speaking on behalf of Sue Sullivan discussed ideas for this.  Ms. McCarthy stated that Gold’s Gym representatives are willing to talk with the elderly community.

Motion by Ms. Wilkie, second Mr. Sheehan, unanimously voted to support as written the “Get Fit” suggestions by Ms. Sullivan.

18.  Ms. Wilkie stated that there is a problem with obesity in children that need to be addressed.

Motion by Mr. Sheehan, second Mr. Wilkie, unanimously voted to support local sports initiative as presented by Ms. Sullivan.

                                                                        Clerk: ______________________________________

Motion by Ms. Wilkie, second Mr. Sheehan, unanimously voted to support the Shape self challenge in its entirety as presented by Ms. Sullivan.

Housing Partnership Appointment

Motion by Ms. Wilkie, second Ms. Sullivan, unanimously voted to appoint Edward Sheehan to the Local Housing Partnership.

Approval of Minutes

Motion by Mr. Sheehan, second Ms. Sullivan, unanimously voted to approve Board of Health minutes of November 15, 2001.

Director’s Report

Motion by Mr. Sheehan, second Ms. Wilkie, unanimously voted to reappoint Pam Grasse as Animal Inspector and Dean Trearchis as Deputy Animal Inspector.

19.  Mr. Carbone stated he is working on a change in the regulations that will allow Massage Therapists to be approved as practitioners by the Board’s staff, instead of requiring a public hearing before the Board.

20.  Mr. Carbone stated that he is working with Joe Dermody on a quarterly Board of Health TV show.  Mr. Dermody stated that a monthly show might be too much.

Motion by Ms. Wilkie, second Mr. Sheehan, unanimously voted to adjourn at 8:15 PM.

Approved:                                                      

                        Susan Sullivan, Clerk