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HomeMy WebLinkAbout1993-10-28 Board of Health Minutes BOARD OF HEALTH MINUTES OCTOBER 28, 1993 Dr. MacMillan called the meeting to order at 7 : 15 p.m. MEMBERS PRESENT: Francis P. MacMillan, M.D. , Chairman, John S. Rizza, D.M.D. , Member, Gayton Osgood, Member, Sandy Starr, Health Agent, and Robert Leyland, Environmental/Health Inspector. 7:00 P.M. - LOT #3 SHANNON LANE - CHRISTIANSEN & SERGI: A brief discussion ensued in reference to Lot #3 Shannon Lane. The Board informed Mr. Christiansen that it was not necessary for him to come before the Board tonight because the plans for Lot #3 Shannon Lane had been previously approved in 1990. The revisions noted on the plans were corrected, stated Mr. Christiansen. 8:00 P.M. - LOT #14 JOHNNY CAKE STREET - VARIANCE REQUEST: Mrs. Starr mentioned that the owners of the lot want to build a three bedroom house instead of a four bedroom house. This is the same situation as discussed at the last meeting with Lot #2 Johnny Cake Street and the same stipulations will be implemented. On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to tentatively approve this variance contingent upon Mrs. Starr and the Building Inspector reviewing the plans and confirming that this is a three bedroom dwelling. After both are completely satisfied that this is a three bedroom dwelling, this restriction will be written into the deed and recorded. 7:30 P.M. - MASSAGE THERAPIST LICENSE REQUEST - TODD DELBERT HOPKINS, D/B/A BODIES IN MOTION, 3 HODGES STREET, NORTH ANDOVER: Mr. Todd D. Hopkins was present and a brief discussion ensued in reference to Mr. Hopkin' s credentials. On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to grant Mr. Hopkins a Massage Therapist License contingent upon an inspection of the premises. 8: 00 P.M. - MASSAGE THERAPIST LICENSE REQUEST - LORI THERRIEN, D/B/A BODIES IN MOTION, 3 HODGES STREET, NORTH ANDOVER: Ms. Lori Therrien was present and a brief discussion ensued in reference to Ms. Therrien' s credentials. On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to grant Ms. Therrien a Massage Therapist License contingent upon an inspection of the premises. Page 2 Minutes: October 28 , 1993 APPROVAL OF MINUTES - 9/16/93: On a motion by Dr. Rizza, seconded by Mr. Osgood, the Board voted unanimously to approve the minutes of 9/16/93 as written. OTHER BUSINESS• Budget Discussion: Bob Leyland's Salary: At the present time, Mr. Leyland' s salary is solely taken out of the Health Department' s budget. Mr. Leyland is presently working half the time in the Health Department and half the time in Conservation. The Board Members agree that Mr. Leyland' s salary should be equitably distributed between Conservation and the Health Department. Mr. Osgood stated that there is nothing illegal about doing it this way because the budget is the budget for the entire department and however Karen Nelson wants to split that up, it's up to her. However, the budget should reflect what is really going on stated Mr. Osgood. Dr. MacMillan stated that this is a very reasonable request to make and he strongly recommends sending a letter to Karen Nelson and Richard Doucette suggesting that, given the fact that Mr. Leyland has been and continues to work equally in the Health Department and in Conservation, the budget should reflect that. The Board Members agreed to send a letter to Karen Nelson and Richard Doucette stating that Mr. Leyland's salary should be equitably distributed between Conservation and Health. Sandra Starr's Salary: Mrs. Starr discussed a few concerns about her salary. She stated that when she was septic inspector she was brought on as part- time salary. As of July 1st, Mrs. Starr stated that she was brought on as a S-19 for FY194 and at the present time she is not making the minimum for a S-19 and is doing much more than the health sanitarian position specifies. Mr. Osgood questioned Mrs. Starr as to why she is not making S- 19 even though she is at S-19? Mrs. Starr couldn't answer why. Mr. Osgood stated that if a person is working at a Level S-19, Step 1, they should be paid that rate. Mrs. Starr responded, "that is my point" . Page 3 Minutes: October 28, 1993 Mrs. Starr stated that Mrs. Nelson put her salary in the FY '94 Annual Town Budget as a S-19 minimum part-time. Dr. MacMillan corrected Mrs. Starr stating, "but you're full-time" . Mrs. Starr responded, "yes I am" . Mr. Osgood questioned Mrs. Starr about being full-time, five days a week. Mrs. Starr stated that she is full-time, 37 . 5 hours a week, but she is still hanging on to her Tuesday' s off. Mrs. Starr stated that the minimum for an S-19 is $31 , 635. 00, and she stated that she is not even making $30, 000. 00. Mrs. Starr asked the Board Members for a letter of support. Mr. Osgood asked Mrs. Starr, "in six (6) months, don't you go up a step?" She replied, "I will be reviewed, but the point is that they can say, now you will get the minimum for S-1911 . Mrs. Starr stated that the 5-19 minimum is what I should have been making since July - plus the fact that she is doing the administrative duties. Mr. Osgood suggested not doing anything about the retroactive pay because the Town does not want to hear about retroactive. Mrs. Starr stated that she should be making the minimum now. Mrs. Starr is scheduled for a review in January. Dr. Rizza suggested to work towards Step 2 for January and forget about now. Mr. Osgood stated that this might be a better idea. All Board Members directed the secretary to formulate a letter to the Town Manager asking him to upgrade Mrs. Starr to an S-19, Step 2 effective as of January 1994. Bob Leyland's Recent Reassignment as Americans with Disablilites Act (ADA) : Mr. Leyland brought to the Board' s attention the fact that he was recently asked to review the Americans with Disabilities Act (ADA) and present a report to the Board of Selectmen outlining actions required to ensure the Town' s compliance with this legislation. Mr. Leyland stated that due to the fact that his duties in the Health and Conservation Offices occupy all of his time, he is reviewing the ADA information provided him, and organizing the requested report on his own time. The Board Members listened to Mr. Leyland' s concerns and recommended that a letter be drafted that reflects his good will and his efforts, above and beyond his responsibilities in the Health Office. The Board Members want Mr. Leyland' s efforts to be counted in his favor at the time of his review. Page 4 Minutes: October 28, 1993 Purchase of a New PC for Health Office: A lengthy discussion ensued in reference to the amount of permits and paperwork executed in the Health Office. It was agreed to better expedite this work a PC is needed. Mr. Leyland went on to explain all the extra time consumed in handtyping approximately 700 permits. Mr. Leyland updated the Board with a list of prices of computers from BJ Wholesale Company. After the Board reviewed the current situation in the Health Office and the amount of paperwork and permits issued yearly, the Board Members agreed to purchase a PC for the Health Office at a range of $1, 600. 00. Brentwood Circle: Mr. William Knauss came before the Board with questions in reference to the Watershed Regulations and the required pumping. He reassured the Board that he is very much in favor of the sewer and protecting the watershed. Mr. Knauss wanted to know if and when the sewer is available to residents, are residents required to tie-in? The Board Members all agreed that it would be mandated to tie-in. Mr. Knauss suggested notifying the public of this. Mr. Knauss questioned the cost of sewer tie-ins, etc. Mr. Osgood suggested contacting the Department of Public Works. Dr. MacMillan asked Mrs. Starr if the new Title V will change the mandated tie-in? Mrs. Starr stated that she just read it and it states that if there is a sewer available no permit will be given to install, repair, or alter a septic system. Mrs. Starr stated that the Title V revision is worded a little differently but says the same thing. Mr. Osgood stated that there is already a State Law that says that if a sewer is available, the Board of Health has the authority to make residents tie-in. Mrs. Starr stated that the local regulations also state that if a sewer is available, the Board of Health has the authority to make residents tie-in. Mr. Knauss agreed with the mandate to tie-in and stated that that is the way it should be and he just wanted to make it clear to him and the public. He suggested that the Board of Health inform residents of this. The Board Members directed Mrs. Starr to call the local newspaper and place a brief notice in reference to the mandated tie-in. Page 5 Minutes: October 28 , 1993 Flu Clinic Update: Another successful flu clinic! Mrs. Starr mentioned that Mrs. Foulds ran the flu clinic and it went very smoothly. There were approximately 1, 000 residents that received the flu vaccine. Watershed Update: A brief discussion ensued in reference to the Watershed Watch which controls the lake shore and the Watershed Pumping Update. Dr. MacMillan asked Mr. Leyland what the Watershed Watch people look for? Mr. Leyland stated that they mainly look for house drains and any other tributaries that are unknown to us. Mr. Leyland mentioned that there has been a 72% response on the Watershed Pumping Regulation. The Board Members suggested that Mr. Leyland send a strong letter to the remaining residents that have not complied to the Watershed Pumping Regulation and to make some telephone calls. Dr. Atwood - Town Veterinarian: On behalf of Dr. Atwood, Dr. Rizza requested compensation for the extra time and services rendered during the recent outbreak of rabies. Dr. Rizza said he spoke to Mr. Gordon regarding this situation. The Board Members agreed that Dr. Atwood should be compensated for his extra time. Leary Update: Mrs. Starr stated that the Board of Health is proceeding with court action and she is working with Kim Holiday at Kopelman and Paige. At the present time, the installer pulled a repair permit but they have not started construction. Mrs. Starr mentioned that Methuen Board of Health sends an order letter not only to the owner but to the mortgage lender too. Val 's Deli: Mrs. Starr wanted to inform the Board Members that Mr. Valentino is not attending the Food Handlers Course at Essex Aggie but is sending his son-in-law, Brian. Page 6 Minutes: October 28, 1993 142 Boston Road: Mrs. Starr stated that this is an old system and they want to put an addition on for the owners father who recently had a stroke. Mrs. Starr stated that they have to update their system, they have a grossly inadequate system. Soil tests are needed and Mrs. Starr realizes it is late in the season for ground water testing but would like to get started on this as soon as possible. Mr. Osgood asked if this is for a repair. Mrs. Starr replied, "yes" . Mrs. Starr stated that she just wanted to inform the Board Members and get their approval. The Board Members gave their approval to Mrs. Starr to begin deep water testing at 142 Boston Road as soon as possible. Voris Property - 1160 Salem Street: The Board Members questioned the letter they received from Mr. Voris ' Attorney in reference to a subordinate agreement. Mrs. Starr stated that apparently Mr. & Mrs. Voris signed an agreement with the Board of Health stating that, "if a common sanitary sewer is not constructed in the street and should I desire to sell this property to anyone except immediate family members, the existing subsurface disposal system will be replaced in accordance with the plan on file at the Board of Health prior to the transfer of the property. " At the present time, the Voris' are selling their property to their daughter and son-in-law. This agreement states that the Voris ' want to sell the property but do not want to put up the $5 , 000. Mrs. Starr stated that she doesn't know where that puts the Board of Health if they sign this agreement. Mr. Osgood stated that the intent was not to require the daughter and son-in-law to fix the system and/or tie-in - this would be required only if the daughter and son-in-law sold the property. It was suggested to seek the opinion of Town Counsel . Dr. MacMillan reiterated to let Town Counsel know that the Board of Health' s intent was not to cause difficulty for the daughter and son-in-law or immediately family member but in case of future selling outside the family. On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to seek the opinion of Town Counsel in reference to the Subordination Agreement on 1160 Salem Street and to inform Town Counsel that the intent of the agreement by the Board of Health was not to cause any hardship for the family members but if the house is sold to a non-family member the system should be fixed or tie-in to sewer, if available. Page 7 Minutes: October 28, 1993 Tobacco Grant: Mrs. Starr informed the Board Members that the area Towns (Andover, North Andover, Methuen, Middleton) have been awarded $140, 000. She stated that there will be a press conference on Monday, November 1, 1993 at 11: 00 a.m. Dr. MacMillan stated that he will have difficulty making that date. Mrs. Starr briefly outlined what the money will be used for, i. e. salaries. The money is coming form the tobacco tax. Lot #2 Boxford Street: Mrs. Starr stated that she had a request for a bottom of bed inspection on Lot #2 Boxford Street and they have not taken out a permit. Mrs. Starr asked the Board for their approval to send a stern letter informing them if it happens again their license will be revoked. The installer is Phil Busby. The Board Members directed Mrs. Starr to send a letter to Phil Busby. Disposal Works Installer's License Application Letter: The Board agreed to add the following paragraph to the application letter for renewal to all licensed installers: " . . .beginning this year, the Board of Health will levy a penalty of an additional fifty (50) dollars if licenses are not renewed by January 1, 1994 . If this is disregarded, the North Andover Board of Health will require installers to re-take the North Andover installers test which will require a passing grade. " ADJOURNMENT: On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to adjourn at 9: 15 p.m. Gayton Osgood, Clerk