Town of Concord Board of Health. Minutes of the Meeting Tuesday, August 21, 2012

Transcription

1 Town of Concord Board of Health Minutes of the Meeting Tuesday, August 21, 2012 PRESENT: Kerry Diskin, Chairman Jack Bergman JoAnn DiNardo Dr. Alan Woodward Susan Rask, Public Health Director Karen Byrne, Administrative Assistant OTHERS: Jeff Wieand, BOS; Steven Ng, BOS, Wm. Mark Fingerle, 38 Winslow Street; Jennifer Hashley & Pete Lowy, Pete & Jen s Backyard Birds; David Henley, East Middlesex Mosquito Control Project *Items were taken out of order of the agenda* - The meeting opened at 7:00 p.m. 1. Staff Reports The Public Health Director Rask was pleased to inform the Board that Jill Block, MPH had been awarded the RFP as the consultant for the Healthy Communities Planning Project. Ms. Block has a Master s in Public Health and 20 years experience in public health programs and extensive experience in municipal health planning. Ms. Rask noted that she was previously worked for CHNA 15 and the Regional Center for Healthy Communities from The Health Department had to close Silver Hill Beach for 4 days in late July due to high levels of e-coli bacteria collected by G&L Laboratories during routine/weekly sampling. Weekly sampling at the 3-semi public beaches (Silver Hill, Annursnac Hill and White Pond) will continue through Labor Day weekend. 2. Request for Variance Minimum Standards to Keep Animals Jennifer Hashley and Pete Lowy, owners Pete & Jen s Backyard Birds, 159 Wheeler Road met with the Board to request a variance from Section 2.1 (General Requirements) of Board of Health Regulation Minimum Standards for Keeping of Animals as follows: To obtain (1) permit to keep farm animals for various locations throughout the town, instead of a permit for each location as defined in Section 2.1 Ms. Rask reviewed Section 2. General Requirements of the above referenced regulation which states.no person, firm or corporation shall exhibit, raise, board, train, or keep within the limits of the Town, in any building or on any premises on which

2 he may be the owner, lessee, tenant, or occupant, any cattle, equine, swine or other animal as defined in Section 1 without prior written permit from the Board of Health. Discussion Ms. Hashley and Mr. Lowy s contention was that the permit they receive from the Health Department for their seasonal operation located at Verrill Farm should cover any location they rotate their live-stock. Ms. Hashley respectfully disagreed with the interpretation of the Animal Regulation. She reviewed the information presented to the Board via a letter dated 8/9/12 1 in more detail and expressed frustration that there wasn t more flexibility as it related to Pete & Jen s methods of rotating livestock (chickens, pigs, rabbits) to various pastures/fields. Karen Byrne advised the Board that the Health Department had received a complaint from a resident earlier in the month relating to a flock of chickens that were roaming on Landmark field (town owned property) and it was the complainant s believe that the property was not licensed to keep farm animals (either by the Town and/or a lessee of the land). Public Health Inspector Gabrielle White investigated the complaint and determined that the chickens were one of the flocks that Pete & Jen s Backyard Birds routinely rotates from the livestock it raises at Verrill Farm. The applicant s stated that they speak to all abutters prior to moving their flocks and that they are all in favor of their operation. The land issue was resolved prior to the meeting (Mr. Verrill leases the land from the Town and Pete & Jen s Backyard Birds were granted permission from NRC to utilize the land for livestock grazing). Mr. Lowy noted conversations he had with previous Health Director Brent Reagor and recalled being told separate permits for rotating flocks were not required and that Ms. White s recollection was not in keeping with what had been in place for the past several years. At this point, PHD Rask interjected that Mr. Lowy was not fairly representing the amount of time and effort Ms. White had worked on this matter over the past few weeks to try and rectify the situation with both Mr. Lowy and Ms. Hashley. The Board reviewed correspondence between the parties and Karen Byrne read verbatim an that offered a compromise for this coming season from Ms. White to Ms. Hashley, as well as the rationale on why each property that houses animals requires a license; not just the business, but the applicants opted to request a variance. Dr. Woodward offered a compromise. He suggested that the Board not require separate permits for each individual pasture or field where the rotating flock of chickens would be seasonally and rotationally grazed in Concord, but that in addition to the existing Permit to Keep Animals at 159 Wheeler Road; a second permit be obtained for the rotating flock and that the address of each property, pasture, field in which that flock could be rotated during the year be listed on that permit. He also recommended that a schedule of the rotation of the flock be submitted as well. Consensus of the Board members was to move in this direction, but Ms. Hashley debated the issued for several minutes longer because she felt strongly that permitting each property was redundant because it was the same animals being rotated. 1 Request for Variance for Animals letter from Jennifer Hashley dated 8/9/12

3 There was some confusion on how the license procedure would be followed through year to year and after explanation from Ms. Byrne on how she would create an addendum for the listing of the fields, etc., Dr. Woodward moved that in addition to the existing Permit to Keep Animals at 159 Wheeler Road/Verrill Farm that Pete & Jen s Backyard Birds must obtain a 2 nd permit for the rotating flock and the address of each property, pasture, or field in which that flock could be rotated during the year must be listed on such permit. The schedule of the rotation of the flock shall be provided to the Concord Board of Health as a condition of this permit. Jack Bergman seconded it. All VOTED in favor to approve. Ms. Hashley asked about the possibility of rotating other animals to pastures listed on the addendum. She was advised that the 2 nd permit referred to the rotating flock of chickens only. The Board of Health must be notified of any plans to rotate other types of animals (pigs, rabbits, sheep, etc.). Board members said that additional permits would be issued as appropriate and deemed necessary by staff. 3. Mosquito Control Potential Mosquito Response Plans for Threats (EEEWNV) David Henley, Superintendent, East Middlesex Mosquito Control Project met with the Board to discuss and review the most recent West Nile Virus (WNV) and Eastern Equine Encephalitis (EEE) updates provided by the Massachusetts Department of Public Health (MDPH) to date (8/16/12 Press Release) 2 First and foremost, he noted that the risk level for WNV and EEE in Concord remains low. On August 15 th, MDPH announced the first human case of WNV had been found in a resident of Middlesex County, in a town north of Boston. Based on these findings, he noted that state officials raised the WNV threat to Moderate in Arlington, Belmont, Cambridge, Somerville and Watertown respectively. The first case of WNV in a horse was reported from the Town of Ludlow. He explained also that a human case of EEE was confirmed in a Middlesex County resident as well, but MDPH Officials believe that it is unlikely that the disease was contracted in Massachusetts, but while the person was travelling out of state (based up investigative interviews, etc.). No animal cases have been reported to date. Although the Town of Concord does not utilize spraying as a means to control mosquitoes, EMMCP provides an integrated mosquito management program including a catch basin larval control program, surveillance and trapping, wetland inspections to monitor larval populations and identify obstructions in drainage systems. To date, EMMCP treated 770 catch basins with larvacide for preventative measures and expected that all of the remaining would be completed by the end of next week. Board members inquired about the mosquitoes that had been trapped and tested throughout Concord and whether any of those pools tested positive for either virus; to date they had not, but some of the types of mosquitoes that were trapped were mammal biting mosquitoes, hence continuous monitoring would continue. He said you never know where or when either virus could appear. 2 Update 8/16/12 MDPH Press Release

4 Mr. Henley noted that in early spring conversations had begun with Great Meadow Refuge to develop a mosquito control plan to allow aerial application of Bti. He said in an EEE year like this, it is very important to consider, but they withdrew from discussions. Ideally, that is what the EMMCP would like to see happen considering that the refuge abuts several communities that utilize that particular avenue for as part of their mosquito response plans; but, he understood that in certain circumstances, it was unlikely that this type of precautionary measure would be adopted on any level unless there was an imminent public health threat (i.e., a confirmed human case) and/or if State Officials determined it was warranted. He provided the Board with a brief over view of mosquito pools in Sudbury that had tested positive for EEE in mid-july and that intermittent findings of EEE in mosquitoes have been occurring outside of traditional risk areas (swamps, wetlands, etc.) so state health officials are stressing the importance that Massachusetts residents regardless of where they live take use personal protection measures to avoid mosquito bites. Susan Rask provided the Board with additional information from the State s Arbovirus Daily Update as well as the information that the Health Department Staff had incorporated for the Health Department and Town s website pages accordingly Discussion Revision to BOH Regulation Sale of Tobacco Products in Health Care Institutions 4 The Board reviewed a draft and revised language (as reviewed by Town Counsel) for the proposed Regulation of the Concord Board of Health Sale of Tobacco Products and Nicotine Delivery Products in the Town of Concord. Board members based upon comments from the Board of Selectmen liaison, Jeffrey Wieand, the Board added the words in each case to the definition of Person to read as follows: Person: An individual, employer, employee, or retail store or establishment manager, owner or operator, in each case engaged in the sale or distribution of tobacco products and/or nicotine delivery products to consumers. Following a brief discussion, Dr. Wooward moved to amend the definition section as stated above. Jack Bergman seconded it. All VOTED in favor. Dr. Woodward moved that the Board approve the language of the proposed regulation Sale of Tobacco Products and Nicotine Delivery Devices to be discussed at a public hearing on September 11, Jack Bergman seconded it. All VOTED in favor. 3 Press Release and website information attached 4 Draft Regulation dated 8/15/12 as reviewed by Town Counsel Sale of Tobacco Products & Nicotine Delivery Products

5 Karen Byrne, Administrative Assistant will notify the affected parties (pharmacies, and all establishments that currently hold a License to Sell Tobacco Products). A legal notice will be published in the August 30 th edition of the Concord Journal. Copies of the proposed regulation will be available at the Concord Health Department Office and once notice is published in the newspaper, Ms. Byrne will post the draft regulation on the website as well. 5. Chairman s Report & BOH Member Reports Karen Byrne provided the Board with a copy of a recent green card that was forwarded to the Health Department office for the Board s review as a possible candidate. At the last meeting, the Board directed Ms. Byrne to contact the Town Manager s Office on its behalf to inquire on the status of the interviews of the (2) potential candidates it had suggested to fill her soon to be vacated seat on the Board. Ms. Byrne spoke to the Town Manager s Executive Assistant and was advised that the Town Manager was continuing to review additional green cards of interested candidates and that those interviews had yet to be scheduled. Following a brief discussion, Board members continued to strongly express their opinions that the candidate be an attorney. Ms. Byrne said it would be more appropriate for the Chair to convey that consensus to the Town Manager either by or contact his office directly. Board Reports none 6. Minutes & Board Calendar The July minutes were distributed at the meeting, but discussion was postponed until the September meeting. Due to a conflict in the PHD s schedule, the September meeting will be rescheduled to Tuesday, September 11, The meeting adjourned at approximately 8:15 p.m.

6 Board of Health Signature Page August 21, 2012 Respectfully submitted by, Karen M. O Keefe-Byrne, Administrative Assistant Concord Board of Health Kerry Diskin, Chairman JoAnn DiNardo Dr. Alan Woodward Jack Bergman