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HomeMy WebLinkAbout1996-02-22 Board of Health Minutes BOARD OF HEALTH MINUTES FEBRUARY 22, 1996 Mr. Osgood called the meeting to order at 7:05 P.M. MEMBERS PRESENT: Gayton Osgood, Chairman, Francis P. MacMillan, M.D., Member, John S. Rizza, D.M.D., Member, Susan Ford, Environmental Inspector, and Sandra Starr, Health Administrator. OTHER BUSINESS: Nurse's Hours: Ms. Starr mentioned that Ms. Rillahan is meeting with Nancy Taylor from the State in reference to what needs to be done as far as TB follow-up and what it entails. Ms. Starr spoke with the Methuen Health Nurse and she mentioned that the State is requiring direct .observation therapy and that this requires a half hour visit a day. Mr. Osgood asked Ms. Starr if this is a written policy? Mr. Osgood stated that sometimes people say, "the state says" and then people ask to see the regulation. Mr. Osgood mentioned what if there were three(3) cases in town, which is not unusual, this would be three hours a day. Mr. Osgood stated that if this is a State Law or State regulation we have to do it, but we should find out if this is in fact a State Law. Ms. Starr mentioned that she will speak with Nancy Taylor and see what she says. Ms. Starr mentioned that she is calling different Boards of Health inquiring if they are getting North Andover residents for their immunization clinic, blood lead testing, etc. Mr. Osgood stated that the blood lead testing is done by the Greater Lawrence Action Committee on Lead Paint. Ms. Starr stated that some of the testing is at Greater Lawrence Action but a lot of Boards of Health offer this - it's just a matter of taking a little blood and sending it off for testing and it doesn't cost us anything. Ms. Starr stated that she asked Ms. Rillahan to put in writing what she thinks she will need in hours, how it will be utilized, and what she might need for TB follow-up. Dr. MacMillan asked Ms. Starr, "then are you going to present this data to Mr. Mahoney"? Ms. Starr responded, "yes". Mr. Osgood suggested to bring it before the Board Members first and then to Mr. Mahoney. Dr. MacMillan stated that when he spoke with Mr. Mahoney he was willing to increase the nurse's hours to twelve (12). Dr. MacMillan told Mr. Mahoney that he was pushing for eight (8) hours. Ms. Starr stated that Mr. Mahoney is talking next fiscal year, he's not talking about right now. Dr. MacMillan asked, "does Mr. Mahoney want to increase it now" Ms. Starr stated, "no". Mr. Osgood stated that Mr. Mahoney says he has no Page 2 Minutes: February 22, 1996 money. Ms. Starr stated that when Mr. Mahoney said twelve hours he means the next fiscal year, not now. Ms. Starr mentioned that we need to clarify this with Mr. Mahoney because he may have misunderstood and he might think we only need eight hours instead of the eighteen hours. Ms. Starr stated that we need to find out how many hours it will take to do the nurse's duties. Ms. Starr believes it is going to be closer to eighteen hours. Mr. Osgood mentioned that we need to approach this situation carefully. Dr. MacMillan asked if there is any State funding? Ms. Starr pointed out that the State provides the vaccine, therefore, the Town is expected to supply the personnel. Ms. Starr mentioned that she spoke with the nurse at the elementary school and she said that there is a real problem in getting the youngsters their pediatric shots. She stated that they want to start school but can not because they do not have their immunization. Ms. Starr stated that there are single parents, people that lost their jobs, etc. that need this service. Mr. Osgood stated that the Board of Health has to be careful not to become the free clinic in Town. Dr. MacMillan stated that if we are the free clinic in Town we better get assistance. Mr. Osgood stated that he does not mind being a free clinic for the people who really need it. Ms. Starr mentioned -what we need to look at is the level of immunization and the kids that do not have immunizations -we need to try to get kids immunized for the good of the general public and its health. Dr. MacMillan stated that the Town should not take up that mantle in providing free care unless we get a subsidy from the State or Federal government, the town can not afford to do it. Dr. MacMillan stated that the Board of Health is a public institution and we are suppose to provide care for those people who fall through the safety net -we are not suppose to be the end all for medical care for the community -we are suppose to stamp out epidemics and do preventive medical care as best we can. DISCUSSION - POLICY ON NECESSARY PROCEDURES FOR TITLE V/SEWER TIE-INS: A local realtor asked Ms. Starr to place this on the agenda because people who are selling their homes with sewer available and their septic system failed inspection are looking to the Board to grant a waiver that they do not have to repair their systems for up to five (5) years. At the present time they have up to two (2)years stated Ms. Starr. Ms. Starr stated that there has to be an enforceable agreement, a consent letter, or to place money in escrow so that the Board is assured that the future homeowner will tie-in to sewer. These realtors are asking what the policy the Board of Health is. Mr. Osgood stated that his gut feeling is that the Board will have to handle these on the individual basis. Dr. MacMillan asked, "if a system has failed, how do you wait 2-5 years to repair it"? Ms. Starr stated that the State gives you two years to repair it . Ms. Ford made it clear to the Board Members that the repairs are cracked D-box, not gross contamination. Ms. Starr stated that the Board of Health always has the option of going in and telling them it has to be repaired, however, if sewer is coming down, Ms. Starr Page 3 Minutes: February 22, 1996 stated that she would probably tell them to cut off the lines to the leach line and close up the tank and to keep pumping. Mr. Osgood does not believe the Board can have a blanket policy. Ms. Starr stated that what they are looking for is what the Board would consider as an enforceable agreement. Mr. Osgood stated that the Board has to know the condition of the system. Ms. Starr stated that it is not about fixing the system, it's about tying-in. Mr. Osgood stated that we need to know what it's going to cost to tie-in to sewer and put that amount in escrow. The Board Members agreed to the following when a property is to be sold, sewer will be available and a waiver for system inspection is granted: 1) The full amount of cost of sewer tie-in must be placed into an escrow account which is to be controlled by the Town Treasurer; 2) The contractor must be an approved contractor and licensed by the town and 3) The money in escrow should not be released until the time of the sewer tie-in. On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to consent to the agreement policy on the procedures for Title V/Sewer Tie-In as mentioned above. DISCUSSION - 1160 SALEM STREET- LETTER FROM TOWN COUNSEL: Mr. Osgood mentioned that he read over the letter from Town Counsel and believes the money the bank is holding should be given back to the Hennessys. Ms. Starr stated that we do not have a deed with them, the deed they have is free and clear because the agreement the Board of Health had was with their parents, Andrew&Bess Voris. Ms. Starr stated that the current deed has nothing on it. Mr. Osgood asked Ms. Starr, "are you sure"? Ms. Starr responded positive. Mr. Osgood asked, "it didn't carry over"? Ms. Starr stated that the first agreement was a personal agreement with the parents and not the Hennesseys. Dr. MacMillan asked, "can we get that on the deed"? Ms. Starr responded, "no, not now- it has already passed". Dr. MacMillan was wondering if it could be amended. Ms. Starr mentioned that the Hennessey would not agree to put it on their deed. The Hennesseys do not have to put it on because the agreement the Board had was with the Voris' and now the Hennesseys own the property with nothing on their deed - they just have $5,000 dollars in escrow stated Ms. Starr. The $5,000 dollars belongs to the current owners which is the daughter Andrea Hennessey and the son-in-law because that is what the Hennessey's bank required to put in. Ms. Starr stated that she has the original decision that came back from Town Counsel stating that it was an agreement, a personal contract with the Voris', which is binding only on the Voris'- the first agreement with the Voris' was void and there is nothing on the deed. Also, if the Hennesseys default on the mortgage and the bank forecloses on the Page 4 Minutes: February 22, 1996 property, the bank does not have to abide by the agreement on Voris' -they can do anything they want with it stated Ms. Starr. Ms. Starr stated that Kim Holiday suggested that if the Hennesseys would agree to sign an agreement similar to the Voris', the Board could easily sign the letter of subordination. Mr. Osgood stated then that is what the Board should do. Ms. Starr recalls that the Hennesseys did not want to sign anything. Mr. Osgood stated that the Board has to stand their own ground and he thought the Board had an agreement. Dr. MacMillan stated that he thought the agreement was transferred to the new deed. Ms. Starr stated that it was not - it was a personal contract with the Voris'. Ms. Starr mentioned that when the Hennesseys were here they stated that there was nothing on their deed. Ms. Starr stated that the only thing that they have is their$5,000 in escrow which is their money. The bank wanted the $5,000 in escrow just in case the system failed. Ms. Starr read aloud the signed agreement with the Voris'. Ms. Starr stated that the agreement does not say that this is binding on all members of my family- this would need to be stated in the agreement in order for it to be transferred to the Hennessy's deed. Ms. Starr stated that this is a personal agreement and that is why they have nothing on their deed. Dr. MacMillan stated that if they (Hennesseys) do not want to sign an agreement then the Board will hold the money in escrow but if they want to sign it the Board will release the money. The Board Members directed Ms. Starr to compose a letter to the Hennesseys stating if they agree to sign a subordination agreement similar to the Voris', the Board of Health will inform the Bank to release the $5,000 in escrow. Ms. Starr will also include that this will be binding on all family members. OTHER BUSINESS: Approval of Minutes - 1/25/96: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to approve the minutes of 1/25/96 with the following change; on Page 3 the motion to adjourn should read seconded by Dr. MacMillan, not Dr. Rizza. Butcher Boy Permits: Ms. Starr stated that she can not transfer Butcher Boy's Food Service Permit to their new address, it is against the law. Ms. Starr suggested to issue a new permit with no charge. All Board Members agreed to issue Butcher Boy a new permit with no charge. PAGE 5 MINUTES: FEBRUARY 22, 1996 Budget FY'97 -Animal Inspector: Ms. Starr stated that each department has to justify their services and basically say that it cost this much money for this much time. Ms. Starr stated that supposively the Animal Inspector, Dr. Atwood, is under the jurisdiction of the Board of Health. Mr. Osgood stated that Dr. Atwood is paid by the Selectmen. Ms. Starr agreed with Mr. Osgood but mentioned that Dr. Atwood is suppose to report to the Board of Health. Ms. Starr stated that she needs Dr. Atwood to justify his time for his salary-this part of the budget process for FY'97 . Ms. Starr mentioned that Dr. Atwood needs to go through this budget process. Mr. Osgood asked, "Isn't he paid by the Selectmen"? Dr. MacMillan asked if Dr. Atwood has to submit a budget? Ms. Starr stated "yes, he's supposed to". Ms. Starr stated that he is not in our budget, but the Board of Health are the ones who appoint Dr. Atwood every March. Mr. Osgood disagreed with Ms. Starr and stated that he does not think the Board of Health legally appoints Dr. Atwood. Ms. Pawelski mentioned that she believes that the Board of Health makes a favorable or unfavorable recommendation and then it goes before the Board of Selectmen. Mr. Osgood stated that because of this jurisdictional conflict he asked Ms. Starr to talk with the Town Manager and ask him to send a letter to Dr. Atwood asking him to justify his work for his salary and legally who does he work for and then let the Town Manager bring it before the Board of Selectmen. Warrant Articles: Ms. Starr stated that at the last meeting the Board voted to put as a warrant article the appropriation of money for Household Hazardous Waste Day. Mr. Mahoney does not want the Board of Health to put this article in the warrant, he wants Ms. Starr to put it in the budget. Mr. Osgood stated that it should be in the budget, it should be in the budget every year. Ms. Starr stated that there were a few items that she wanted to apprise the Board Members of. Ms. Starr stated that Mr. Perna is looking at obtaining a grant to get two paint storage sheds so that the paint can be recycled. The Essex County Hazardous Waste Task Force sent out a RFP and got proposals back and has chosen clean harbors because of the price and what they offered. Ms. Starr believes it is $36.00 per car load or 25 pounds that they will accept. Ms. Starr stated that the Town would have to negotiate. ADJOURNMENT: On a motion by Dr. Rizza, seconded by Dr. MacMillan, the Board voted unanimously to adjourn the meeting. John S. Rizza, D.M.D.