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Tewksbury Board of Health
Meeting Minutes
March 07, 2002
Chairman Stephanie Wilkie called the
meeting to order at 7:00 P.M. Present were Vice Chairman Edward
Sheehan, Director of Public Health Thomas Carbone and Recording
Secretary Dawn Cathcart. Clerk Susan Sullivan was not present.
Public Hearings
Alinda’s Market – Sale of Tobacco Product to a Minor
Said Benchater from Alinda’s Market and Melissa
Stockwell from DPH appeared to discuss the sale of tobacco to a
minor at Alinda’s Market. Ms. Stockwell stated that this is the
second offense. The first offense was May 16, 2000 and the second
offense was on February 21, 2002 on a compliance check. Mr.
Benchater stated that he didn’t own Alinda’s Market until July 7,
2000, so this is his first offense. Mr. Benchater stated that the
violation occurred during lunchtime. Mr. Benchater stated that the
store has 2-sides of the store, one side has the cigarettes and the
other side has a deli. It was very busy, it’s not an excuse but
that was the situation.
Ms. Wilkie stated that Mr. Benchater needs to
take steps to prevent this in the future. There are things that can
help prevent this like card swipes and employee training. Ms.
Wilkie stated that since this is his first violation, a written
warning would be issued.
Motion: Ms. Wilkie moved to issue
a written warning to Alinda’s Market. No fine or suspension will be
issued. It is also required that an employee education program be
setup with information supplied from Ms. Stockwell. This was
seconded by Mr. Sheehan and unanimously voted 2-0
Ms. Stockwell stated that the state-wide smoking
budget has been cut by $17 Million. This is about 2% of the local
program’s budget with the majority of the cuts coming from the
advertising budget. Ms. Stockwell also talked about the poster
contest and educational packages for the Ryan School.
Proposed Amendments to the Septic System
Regulations
Mr. Carbone read the public hearing notice. Mr.
Carbone stated that there are 3 issues being discussed.
1)
Section 5.4, C & D - Mr. Carbone stated
that the changes are to make it easier to get into the septic
systems for inspection and maintenance.
2)
Section 5.5, C and 5.11 – Mr. Carbone
stated that this issue deals with flood issues and it mirrors Title
5 requirements.
3)
Sections 5.10 and 6.4 – Mr. Carbone stated
that these are minor changes or deal with contractor licensing.
Motion: Mr. Sheehan moved to
approve all presented recommendations for changes to the Septic
System Regulations.. This was seconded by Ms. Wilkie and
unanimously voted 2-0
Discussions
Tewksbury Hospital Zone II Overlay
Protection Bylaw – Mr. Carbone stated that he
received correspondence from Town Counsel and a mixed board for the
SPGA is legal. Mr. Carbone stated that Ms. Wilkie would appear
before the Conservation Commission to discuss this issue. Mr.
Carbone stated that the sticky issue would be the SPGA but recommend
going forward. Mr. Carbone stated that he met with Mr. Sadwick and
Dick Colontoni to line out the Zone II map.
Ms. Wilkie stated that the Tewksbury State
Hospital recommends that the SPGA be the Planning Board. Mr.
Carbone stated that the DPH stated that the SPGA is usually the
Planning Board, the ZBA or the Board of Selectmen. Ms. Wilkie
stated that the Planning Board would enforce the SPGA decision. Mr.
Carbone stated that the Planning Board is going to hear any project
that comes before the SPGA so they will want the SPGA authority.
Ms. Wilkie stated that they may want it, but it may not be in the
best interest of the town. Ms. Wilkie stated that the board should
consist of: one member of the Board of Selectmen, one member of the
Board of Health, one member of the Conservation Commission, one
member of the Planning Board, the Commissioner of the Department of
Public Health or designee and two local residents selected by
lottery.
Appointing Authority – Ms.
Wilkie instructed Mr. Carbone to get copies of the memo from Mr.
Cressman to Attorney Zaroulis regarding the Appointing Authority of
the Board.
Inter-Municipal Boards of Health
– Mr. Carbone stated that there have been discussions on how to
better implement public health response statewide. One option is to
look at a regional authority and try to see if there is interest
within the towns. Ms. Wilkie stated that she agreed that there are
some issues that could be shared, but not the Director position.
Ms. Wilkie stated that she would be interested in getting more
information.
Public Health Month – Ms.
Wilkie stated that this board reaffirms our commitment to the public
health month. Mr. Carbone stated that the Gold’s Gym would be able
to go to the Senior Center on April 23rd or April 30th.
Mr. Sheehan requested he be notified of the date.
Mr. Carbone stated that Ms. Wilkie would be
giving a talk on nutrition. Ms. Wilkie suggested getting a local
restaurant to give a presentation on how to prepare a healthy meal.
Kyoto’s Steakhouse would be a good place.
Approval of Minutes
Motion: Mr. Sheehan moved to
approve the February 7, 2002 minutes. This was seconded by Ms.
Wilkie and unanimously voted 2-0
Director’s Report
Mr. Carbone stated that he will be away this
weekend and the Billerica, Wilmington and Andover Health Director
will be the backup. Ms. Wilkie requested that the police also have
her beeper number in case of an emergency.
Mr. Carbone stated that Dean Treachis has had
surgery. The surgery was successful and there was no nerve damage.
Mr. Treachis should be back at the end of April or sooner. Mr.
Carbone stated that he is preparing a request to the Finance
Committee to cover the inspector duties from the Reserve Fund.
Mr. Carbone stated that he has a meeting with the
Sewer Committee the week after next. There is also a Budget Summit
meeting on March 18th. Mr. Carbone stated that the Sewer
Committee would meet with the Board of Selectmen on March 19th.
Motion: Ms. Wilkie moved to
adjourn at 8:05 PM.. This was seconded by Mr. Sheehan and
unanimously voted 2-0.
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