CITY OF
Board of
Health
Minutes of
the Meeting
April 6, 2006
City Hall
- Kyrouz Auditorium
Board members present; Chairperson: Claudia
Schweitzer, Vice- Chairperson: Joseph Rosa and Frederick Cowan. Present from the Health Department: Jack
Vondras, Public Health Director. Absent: Dr. Michael Stelluto.
Chairperson Schweitzer called the meeting to order at 7:05 p.m. and
introduced the Board members to the audience.
Meeting adjourned at 9:05 p.m.
MOTION by Mr. Cowan to accept the Minutes
of the February 16, 2006. Seconded by Mr. Rosa. CARRIED.
PUBLIC ORAL COMMUNICATION
There was no “Public Oral Communication.”
PUBLIC HEALTH DIRECTOR’S REPORT
Presented by Jack Vondras
CIGAR
SHOP IN GLOUCESTER -
Mr. Vondras reported that he has been in communication with a
businessman from
TOBACCO COMPLIANCE CHECKS- Mr. Vondras reported
that forty-seven compliance checks were done for retailers who sell tobacco
products in
HEALTH
DEPARTMENT BUDGET- Mr.
Vondras reported that the Health Department budget has been submitted and
they are asking for level funding, with no extra positions.
ALCOHOL
ABUSE TOWN MEETING-
Mr. Vondras reported that the town meeting on alcohol abuse will be on
April 24, 2006 and he invited the board members to attend. The Healthy Gloucester Collaborative is the
motivating force on bringing the meeting forward.
TRAINING
ON ETHICS- Mr.
Vondras reported that there is a training on ethics, put on by the City on
April 27, 2006 at 4 or 6:30 p.m. He
invited the board to attend the training.
DENTAL
CENTER- Mr.
Vondras reported that over a year ago the
MUTUAL
AID PACKET- Mr.
Vondras reported that he has been working with the Mayor’s Office and the
City Solicitor’s Office on a Mutual Aid Packet for the Health Departments in
the region. He stated that the packet
will enable
COMMUNITY
HEALTH CENTER- Mr.
Vondras reported that they have received the bids for the build-out and it
is within the budget that they have. He
stated that it is proposed that construction will start in May and finish in
September. He stated that he has joined the board of directors as the Health
Director and will attend his first board meeting in April.
BOARD OF
HEALTH WORKING MEETING- Mr. Vondras stated that there will be a Board of Health working
meeting on April 20, 2006 at 6 p.m at the Health Department.
NEW BUSINESS
Michele Harrison, attorney of
Ms. Harrison gave an overview of the proposed
plan and stated that the plan consists of thirty units, divided into three
separate cluster areas. She stated that
every unit will have a covered two-car garage.
She stated that 64.7% is open space.
Peter
Ogrin, of Hayes Engineering appeared before the board on behalf of
the owner. He gave a brief overview of
the proposed Step septic design and the storm water management system. He
stated that it is their intention to tie into the water line with
Mr. Rosa stated
that there is significant vegetation in the area and requested a slope analysis
map. Mr. Ogrin stated that he would submit a slope analysis map to the
board.
Mr. Cowan stated he
is concerned with the amount of stagnant water in the area and mosquito
breeding grounds. He stated he is
concerned about the risks mosquitoes may pose to the residents that will be
living there. Mr. Ogrin stated
that he would look into mosquito control.
Mr. Cowan asked if the septic system would be on a
backup system in case of a power failure. Mr. Ogrin responded that the system will have emergency
backup power.
The board agreed to send their recommendations
to the Planning Board, including standing water and a mosquito control
management plan and to quantify the nutrient loading of the resource area
within the subdivision, it is suggested that the Board of Health recommend that
section 3.2.1.1 be used by the Planning Board for the determination of the
definitive plan. It is recommended that the Planning Board shall (at a minimum)
require annual nitrate nitrogen testing at the outfalls to the 3 BMP
structures, which receive stormwater flow from the subdivision units. Also, a
stormwater management program and how it is going to be adjusted to deal with
the topography of the area.
OLD BUSINESS
Public Hearing: “Board of Health Onsite
Wastewater Regulations” changes of Operation and Maintenance (O&M)
Regulations in response to DEP Regulation Changes-
Jennifer Olivier, Sanitarian for the Gloucester Health
Department appeared before the board. Ms.
Olivier gave a presentation on the Board
of Health Onsite Wastewater Regulations changes of Operation and Maintenance
(O&M) regulations in response to DEP regulation changes. She stated that
the O&M of innovative and alternative systems in
Public Hearing: “Board of Health Onsite
Wastewater Regulations” changes of Operation and Maintenance (O&M)
Regulations in response to DEP Regulation Changes, Cont.-
Ms.
Olivier stated that she would like to
note to the public and to the board that the Health Department and the Board of
Health are separate entities, the Health Department is an arm of the Board of
Health, however appeals to the two entities require two practices. She stated
that the proposed Health Department requirements include four quarters of BOD
and TSS effluent testing which would average thirty mg/L. She stated that this would be in order to
receive an annual effluent testing reduction from the Health Department. She stated that appeals to a negative
determination by the Health Department may be brought to the Board of
Health. She stated that this proposal
allows those systems that received a reduction from the State, formerly from
the DEP, to continue this practice. She
stated that following a reduction to annual effluent testing should a BOD or
TSS sample be brought to the Health Department’s attention, over 30 mg/L, a
homeowner would then be required to sample again within forty-five days, if
this sample meets 30 mg/L for BOD and TSS, a homeowner will be able to resume
annual effluent testing, otherwise a homeowner would need to repetition the
Health Department.
Ms.
Olivier stated that proposed section 8.2.a
requires some properties to petition the Board of Health for a reduction to a
minimum of once per year for effluent testing, these properties include those
properties that have setbacks to the following resources: drinking water wells,
surface water supply and ACEC. She
stated that for such properties nitrogen testing will be required and those
properties that did not require total nitrogen in the approval letter must
present to the Board of Health two quarters of total nitrogen testing meeting
19mg/L and also the average of thrity mg/L for BOD and TSS. She stated that those properties that did
require total nitrogen in the approval letter must present four quarters of
total nitrogen meeting nineteen mg/L and also the BOD and TSS requirements. She
stated that for a reduction in annual effluent testing, should these properties
receive results greater than 30mg/L of BOD or TSS, or over 19mg/L of total
nitrogen, a homeowner would be required to sample again within forty-five days,
if the sample then meets the 30mg/L for BOD and TSS and 19 mg/L of total
nitrogen a homeowner would be allowed to resume the annual effluent testing,
otherwise a homeowner would need to repetition the Board of Health. She stated that proposed section 8.2.b
requires some properties within subdivisions to petition the Board of Health
for a reduction in annual effluent testing, this requirement applies to those
properties within subdivisions where the approval of the subdivision was based
on the use of I/A technology. She stated
that proposed section 8.2.c does not allow those I/A treatment systems serving
more than two condominium units to seek a reduction is annual effluent testing
(this is a State requirement, as well.)
She stated that proposed section 8.3 allows seasonal dwellings to
petition the Health Department for a reduction to O&M for a minimum of
twice per year, such property owners must petition the Board of Health for a
reduction to annual effluent testing. She stated that proposed section 8.4
requires the Board of Health to schedule a public meeting two years after the
revision date to discuss these regulations and to amend them as necessary at
that time.
Ms.
Olivier read a letter from Dave Sargent,
Shellfish Constable into the record. The letter expressed Mr. Sargent’s support
for the proposed regulation changes.
Gail
Brisson Misk of
Elenor
Gleason of
Public Hearing: “Board of Health Onsite
Wastewater Regulations” changes of Operation and Maintenance (O&M)
Regulations in response to DEP Regulation Changes-
James
Cook of
John
Crowningshield, president of the Magnolia
Neighborhood Association appeared before the board in opposition to the
proposed regulation changes. He feels that testing twice a year would be
sufficient.
Krista
Queeney of
Mr.
Cowan stated that the State lowering
the standards should not apply to
The
board agreed to make a decision regarding the continuation of a public hearing
at the next working meeting.
Tavares Verses Board of Health 2002- Frank Tavares, Applicant
Chairperson Schweitzer stated that this is a consideration based on
litigation of Frank Tavares, the fact that the Board of Health’s initial
recommendation to the Planning Board was to deny the Tavares Subdivision and
the denial was appealed to the Superior Court, the board and Tavares engaged in
settlement negotiations and after changes were made to the plan, the board
voted to recommend the approval. She
stated that agreement for judgment was filed with the court and now as part of
resolution of the matter, the board must submit to the Planning Board a recommendation
that the subdivision be approved on the basis of the changes made and the
provisions set forth in the agreement for judgment.
Mark
Nestor, attorney who represents the
abutters in the land court case appeared before the board. He stated that the abutters only learned
yesterday of the agreement for judgment. He stated that all parties to include
Mr. Tavares, the City and the abutters signed an agreement for judgment, which
is in effect by the order of the court back in September 2003, where all
parties agreed to the plan as designed and approved then, which was
subsequently ratified by the City of Gloucester’s Planning Board two months
later. He stated that they made two
minor adjustments regarding a road that was going to be blocked off and another
minor change. He stated that the
abutters were partied to that lawsuit and any changes to the definitive plan
would have to be agreed in advance by all three parties to that suit. He stated that he has a concern in regard to
the standing and ability of Mr. Tavares to go before the board to modify that
definitive plan dealing with the sewage treatment facility, which appears to be
a Step system, which is significantly different than the plan that was proposed
before. He stated that one of the issues
raised was that the Board of Health had no jurisdiction over the sewage
treatment facility because it was going to be a State sponsored plan and DEP
was the arbitrator.
Tavares Verses Board of Health 2002, Cont.-
Mr.
Cowan stated that his understanding
from the City Solicitor’s office is that the time for input would have been at
the time that the court case was heard and of the five different suits there
was great public participation in four of those suits and no one appeared at
the issue having to do with the specific issue of the Board of Health. Mr.
Nestor stated that the City never formerly notified the abutters that there
were ever any negotiations going on. Mr.
Cowan stated that a settlement has been made and the suit is over and the
Board of Health has been asked by the City’s legal office to convey that
message to the Planning Board, that as a result of the settlement of the suit
with the Board of Health conditions as prevailed at the time of settlement. He
stated that it is a benefit that local jurisdiction will take over state
jurisdiction. He stated that the local
jurisdiction is a result of an earlier vote of the Board of Health to prevent
the onsite system from exceeding ten thousand gallons, therefore the system’s
function falls to the local Board of Health.
Ms. Olivier stated that although there were changes to the state jurisdiction to the
Local Health Department jurisdiction, the Planning Board itself did not require
the new litigations to take place and it was the Planning Board’s decision to
not do that. She stated that the abutters were contacted through that process.
MOTION by Mr. Cowan that the Board of Health recommends to the Planning Board
to approve the subdivision plan on the basis of the agreement for judgment and
changes made to the plan. Seconded by Mr. Rosa. CARRIED.
CONCERNS OF BOARD MEMBERS
NORTH
SHORE/CAPE ANN COMMUNITY HEALTH NETWORK- Chairperson Schweitzer stated that she received a
letter from the North Shore/Cape Ann Community Health Network asking the Board
of Health to sign on. The board agreed to run it by the City’s Legal Department
because it may compromise the position of the board by association.
COALITION
AGAINST DOMESTIC VIOLENCE- Chairperson Schweitzer stated that she received a flyer from
the Coalition Against Domestic Violence and it is an issue regarding a bill
that is before them which makes domestic abuse a felony. The board agreed to
run it by the City’s Legal Department because it may compromise the position of
the board by association.
REPORTS OF SUBCOMMITTEES
SEPTIC – Mr.
Cowan stated that there was no report of the Septic Subcommittee.
MOTION by Mr. Cowan to adjourn.
Seconded by Mr.
Rosa. CARRIED.
MEETING ADJOURNED –
9:05 p.m.
Respectfully submitted,
________________________________
Bobbi Orlando
Accepted by:
_________________________________
Claudia Schweitzer, Chairperson