Loading...
HomeMy WebLinkAboutJune 2004 Minutes i North Andover Board of Health i MEETING MINUTES DPW 384 Osgood Street Thursday—June 24,2004 7:00 p.m. Members and Staff Present Susan Sawyer, Public Health Director; Debra Rillahan, Public Health Nurse; Cheryl Barczak, Clerk; Thomas Trowbridge, Member; Pamela DelleChiaie, Health Department Assistant. Absent Jonathan Markey, Chairman I New Business Call to Order The meeting was called to order at 7:15 p.m. Meeting Minutes Approval of May 27,2004 Board of Health presented for signature. Minutes will be signed at next meeting due to Mr. Markey's absence. 19 Stonington Street- Request of Marie Carew,tenant, to be present to discuss housing issues of the property with the Board of Health Members. For ease of review, a detailed chronology of the many past letters exchanged between tenant and landlords was created and provided to the Board of Health members. Introductions were made. The tenants are Marie and Irma Carew, and their mother, Mrs. Irma Carew Sr. The landlords are Alan and Diane Bauer. Ms. Carew was present with Social Worker,Diane Theriot. The landlords were out of town, and were unable to attend the meeting. As described by Marie Carew, she and her sister Irma Carew, are both on disability from Post Traumatic Stress Syndrome, and do not work outside the home. The sisters choose to live with their elderly and ailing mother and care for her in their apartment. A review was made of an Order Letter from 2002 from this property, and a statement of the current complaint issues at the home were stated by Susan Sawyer, Public Health Director. There were a couple of items not specifically checked off on the original Order Letter, as the Health Inspector at the time, Brian LaGrasse,was unable to gain access to the property for a final check due to the tenants continued unavailability. June 24,2004 -North Andover Board of Health Meeting-Agenda Page I of I Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,MD,Member; Health Deparbnent Staff'Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health Department Assistant As the Health Department has not heard from the tenants or landlord in writing or otherwise in the past 18 months, Ms. Sawyer determined that rather than reopen as a new case,that she would note any new violations and address it from the day of Ms. Carew's follow-up complaints about the condition of the property. The impetus for the follow-up complaints on this property were brought about by a letter from the landlords, Alan and Diane Bauer,to the Carew's, stating that they plan to sell the property, and were giving them advance notice to find new housing and vacate the property. Mrs. Irma Carew(Marie Carew's elderly mother)had a social worker, Diane Theriot present to explain the current living situation. Ms. Theriot states that senior Mrs. Carew has multiple health issues, and is stressed out by housing situation. A letter from her Dr. was read. Ms. Marie Carew states that both Brian LaGrasse in 2002 and Susan Sawyer have been to the property. Ms. Carew pointed out items that she felt were violations, but stated that neither representative of the Health Department noted those items in their correspondence to her. Ms. Barczk inquired if tenants are "At Will"tenants. Ms. Carew stated that they are indeed "At Will"tenants (month to month basis, with 30 day notification allowed by either landlord or tenant), and are not under a subsidized situation. The main issue at hand is that the tenants cannot find housing available in which the Carew sisters, Marie and Irma, can live with their elderly mother, Irma Carew, at an affordable rental rate. It does not appear that any nursing home or assisted living home options were considered for the senior Carew. Therefore,Ms. Carew states that if they cannot find alternate housing, for all three of them, she wants to get all outstanding and new violation items repaired if they remain at the property despite the upcoming sale of the property. Ms. Carew went over the letter she received on June 5, 2004 from the Bauer's requesting them to vacate the property due to the upcoming sale. Ms. Carew states that there are now two inch bugs that she claims are common in Mexico, and are called house centipedes (have venom, and sting) of which a picture from an internet website was shown. She states that there are also carpenter ants, and rodents. In addition, Ms. Carew states that the porch is collapsing (the landlord states that the weight of tenants excess belongings being stored on outside porch -- desk,bookcase and other furniture items, is collapsing due to the added weight on the porch). Ms. Carew states that there are issues with an uneven walkway and water overflow onto the walkway. Ms. Sawyer addresses the board and the tenants about the minimum standards of the housing code and the limit of what the Board of Health can get involved in before it becomes a legal matter between the Landlord and Tenant. Ms. Carew states that at present, the property has been landscaped beautifully, but previously it was not taken care of at all. Mr. LaGrasse was present in the audience to provide some historical information on his evaluation of the property. He states that he stopped by several times to wrap up his final visits, and the tenants were not home each time he went. He left his business card. An additional time he went, he was unable to get in June 24,2004 -North Andover Board of Health Meeting-Agenda Page 2 of 2 Board of Health Members:Cheql Barezak,Clerk; Thomas Trowbridge,DDS,MD,Allember; Health Department Staff`Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Painela DelleChiaie,Health Department Assistant touch with the upstairs tenant to confirm any issues in that apartment, affecting the Carews, and left his card. Ms. Sawyer states that on her visit to the property, one of the issues was that the lock on the door was not working, and with the key she was given, she was unable to open the lock. Ms. Sawyer states that a door lock needs to work,and must be fixed if it is indeed broken. The railing on the front porch is loose. The screens on the porch have also not been put on. However, porches are not required to have screens, therefore it was not written up. Ms. Sawyer sent a letter stating all of her findings. See file for details. Ms. Carew states that the roof is in need of repair and was not taken care of in 2002. Ms. Sawyer will have a building inspector go by to do an inspection of the roof. The tenant states that the current alarms go off at will. The back and front hall alarm was working, but the alarm inside was not working. The floor guards to the doorway keep popping up. There is moisture from pipes, and foam piping would help. Ms. Sawyer states that mold testing is not always warranted, but that a moisture issue needs to be taken care of at the source. Diane Theriot, Social Worker, states that as housing is not available, perhaps the Board of Health could condemn the home and allow the tenants to receive Federal Assistance. A letter submitted from the senior Carew's doctor, Dr. Landman, states that she needs to have some kind of nursing care to get dialysis treatment. Ms. Marie Carew states that as there are issues with rodents, and bugs, etc. she will withold the rent even though she received her 14 day notice. Ms. Sawyer states that the Board of Health does not have jurisdiction over a legal matter such as this. It is between the Landlord and Tenant. The tenant stated that the Bauers have said that they are not going to court. However, if they do go, Ms. Sawyer thinks that the court would recognize an open order letter and the follow- up letters. Deb Rillahan stated that it takes a week to get a summons, and can take up to three weeks to get a slot in the housing court. Diane Theriot inquires as to where do the tenants stand at this point, and will another order letter be generated. Ms. Sawyer addressed particular concerns such as that she recommends wrapping the pipes, but a dehumidifier could also be used to cut down on any moisture. Bats nests were not observed, and a bug exterminator was there today to evaluate the property. Ms. Carew requests that she wants all of the issues that she feels are violations written on a report, Ms. Sawyer states that she cannot write down what she has not seen. Mariew Carew states that she does not agree with the items as listed by Ms. Sawyer on the current letter. Dr. Trowbridge states that Housing Court will take over and be more rigid and call in homeowner to follow-up on any issues. The Health Department does not presently have the manpower to spend large amounts of time on housing issues. If the case goes to housing court, and any official violations do not get corrected, he believes there will be fines imposed. This eliminates the timing difficulties of the Board of Health. The Board and the Health department does not have the capability to follow-up on all the deadlines as the housing court can do. The court will provide a rigid date and expect things to happen. If not, a summons will be issued. The Board of Health does not possess the same control and follow-up with fines. Ms. Sawyer states that there is a lot to cover, and the housing court is June 24,2004 -North Andover Board of Health Alfeeting-Agenda Page 3 of 3 Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,AID, Member; Health Department Staff:Susan Sawyer,Health Director,, Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health Department Assistant i i specifically setup to deal with just housing issues, and the Board of Health deals with many facets of public health. Ms. Sawyer will follow-up post meeting with an additional letter and inspection, and state her findings. Ms. Carew states that she would like a copy of the final minutes after approval at the next Board of Health meeting in July. Merged Tobacco Regulations, and inclusion of additional changes into one document. Review of the new Massachusetts Smoke-Free Workplace Law—Executive Summary (4 pages) and how it relates to the local Town of North Andover Tobacco Regulations. The Town of North Andover Regulations will be revised at a later date due to the state law going into effect on July 51H i Old Business 46 Elm Street—Progress Update regarding housing issues presented by Ms. Rillahan. Ms. Rillahan went to housing court regarding this property two weeks ago and spent three hours there. Ms. Sawyer provided the homeowner with a free dumpster through Scott Emerson of Wheelabrator and Waste Management. The homeowner did get rid of junk cars and 60+lawnmowers. Ms. Rillahan drove by yesterday, and the dumpster is empty. Many items remain under tarps. Ms. Sawyer will call tomorrow to follow-up. The homeowner j received a deadline of July 15th to have all remaining excess items removed. Homeowner is away for a week on vacation, and when he returns, he will have a week and a half to remove items into dumpster. If progress has not been made by July 15tH,the homeowner can be sent before the judge at housing court. Deb will attend the next court date scheduled July 15tH 458 Johnson Street—Progress Update regarding Sewer Tie-In. Ms. Sawyer will provide updates. Ms. Sawyer stated that she delivered a vocational speech at Rotary Club today. She spoke for 25 minutes and explained the functions and requirements of the Health Department. The Rotary would like to help this elderly couple. Ms. Sawyer wanted to give the Rotary members some ideas to see what the group could offer as possible resources. The home still remains in violation by keeping their septic system, and not connecting to sewer. The septic system is a cesspool, and there are groundwater issues, so it did not pass a Title 5 Inspection. Ms. Sawyer asks if the homeowner should come to the next meeting. The owners already owe back taxes and do not have the money. Dr. Trowbridge asks if it is incumbent on the Board of Health to force a sewer tie in. Ms. Sawyer states that each situation happens one by one, and that once a sewer line is available on a street, it is up to the homeowner to apply for tie-in. Dan Ottenheimer of Mill River Consulting,the Health Department septic consultant is working on a loan program for this type of situation. Ms. Sawyer just had a conversation with him yesterday on this subject. Dr. Trowbridge asked to get some information from Mr. Ottenheimer when available. The Board of Health will make a June 24,2004 -North Andover Board of Health Meeting-Agenda Page 4 of 4 Board of Health Members:Chegl Barczak,Clerk; Thomas Trowbridge,DDS,AID,Member; Health Department Staff`Susan Sauryer,Health Director; Debra Rillahan,Public Health Nurse;Pamela Del eChiaie,Health Department Assistant decision in July about whether the homeowner should come before the Board of Health in August, and provide some steps for them on what they need to do. i Recreational Camp for Children Regulations—Updated regulations were distributed for review at the April 2004 meeting. The Recreational Camp Regulations will be presented for signature to the Board of Health Members. Review of revised Well Regulation Document to include changes to Section 2.7 g � There was difficulty finding the original Well regulations for revisions. Review will be completed at a future Board of Health Meeting. Discussion and Correspondence I I Bayfield Drive—Materials Installation vs. Mr. Konstantinos Balos of 66 Meadowood Drive—Update on status of complaint. The Environmental Protection Agency will fine Materials Installation $30K per any truck idling violations. Ms. Sawyer interpreted the noise ruling in regards to this facility. Mr. Balos went to the Zoning Board to try to get bays installed on the other side of the property. It was denied. Mr. Balos wants Ms. Sawyer to understand and interpret the regulations to his perspective and send orders to Materials Installation about any noise issues. Ms. Sawyer wrote a reminder letter to Materials Installation reminding them about dumpster regulations. Discussion regarding registration for the 2004 MAHB Certification Program for the Board of Health members. Everyone is interested in going. Ms. Sawyer stated to go ahead and sign up everyone. The cost will be paid by the Bio-Terrorism monies provided in the fall. Discussion regarding the Mosquito Control—Best Management Plan for the Town of North Andover and distribution of Packet called "Nominations for Mosquito Control Commissions" In regard to the issue of spraying at GLSD,Ms. Sawyer thought it would be best to allow spraying, as it is not near neighbors and the public water supply. The Type of mosquito that goes in sewage is the type that spreads the West Nile virus. Ms. Sawyer has MSDA sheets of what is in the contained in the spray. Dr. Trowbridge states that there are risk areas such as GLSD and Stevens Pond. The Board of Health members are happy with the plan, and think it should stay in place. Ms. Sawyer sent a written document regarding spraying. Ms. Sawyer will as Walter Montgomery of Mosquito Control to come to the next meeting to provide a presentation on the plan. Letter dated June 21,2004 from GLSD re: Monthly Sampling Results Report for AOS sludge pellets for month of May 2004. June 24,2004 -North Andover Board of Health Meeting-Agenda Page S of 5 Board of Health Members:Cheryl Barczak,Clerk; Thomas TIoivbr-idge,DDS,AID,Member; Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health Department Assistant 1 Distribution of Packet called "Frequently Asked Questions About Isolation and t Quarantine from the Massachusetts Department of Public Health" Conference was attended by Ms. Sawyer and Ms. Rillahan, but they did not feel that it provided any new information, and was therefore,not very helpful. Distribution of Emergency Contact List—Updated List was distributed. Notation: Review of all Health Department Fees will take place at a future Board of Health Meeting. August Meeting 1 Ms. Barczak requests to change date of August meeting, as she cannot attend on August 26th. This will be discussed at the July meeting to confirm. Health Articles Dr. Trowbridge said there should be an article about mosquitos as well as mercury and fish. Ms. Sawyer has observed signs around Lake Cochicewick regarding fish. The signs are at the outlet of Stevens Pond and another spot on the lake. Heartsafe Program Dr. Trowbridge would like to have additional discussions regarding this program. Lyme Disease Ms. Sawyer and Ms. Rillahan did a health fair at Lucent Technologies about this issue. Meeting Adjournment The meeting was adjourned at 9:15 p.m. Respectfully submitted, Cheryl Ba 0zak, Clerk June 24,2004 -North Andover Board of Health Meeting-Agenda Page 6 of 6 Board of Health Members:Cheryl Barczak,Clerk, Thomas Trowbridge,DDS,AID,Member, Health Department Staff Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health Department Assistant