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Home My WebLink About2015-11-19 Board of Health Minutes Forth Andover Board of Health Meeting Minutes Thursday—November 19, 2015 7400 p.m. 120 Main Street,2,d Floor Selectmen's Meeting Room North Andover, MA 01845 Present: Thomas Trowbridge,Larry Fixler,Frank MacMillan,Edwin Pease,Joseph McCarthy,Susan Sawyer,Michele Grant,Lisa Hadge I. CALL TO ORDER The meeting was called to order at 7:07 pm. II. PLEDGE OF ALLEGIANCE III. PUBLIC HEARINGS IV. APPROVAL OF MINUTES A. Meeting minutes from October 27,2015 were presented for signature. Motion was made by Dr.MacMillan to approve the minutes,the motion was seconded by Mr.Fixler. All were in favor and the minutes were approved. V. OLD BUSINESS VI. NEW BUSINESS A. 45 Elm Street—The owners,Mr, and Mrs.Allen,requested a hearing to modify the order letter dated— October 19,2015 as is their right per MA Regulation—Minimum Standards of Fitness for Human Habitation 105 CMR 410.850.The Order letter cited items such as missing screen doors,pests and maintenance issues etc. Based on conversation between the chairman and the applicant,tonight's meeting request has been postponed. B. 7 Royal Crest Apt. 4—The owners of Royal Crest Estates,AIMCO,represented by Attorney Ted Papadopoulos, requested a hearing to modify or revoke the Housing Code Violation Order Letter dated November 2,2015 as is their right per MA Regulation—Minimum Standards of Fitness for Human Habitation 105 CMR 410.850.The Order letter cited chronic water issues of a basement apartment. Brian Nicholas,area manager for AIMCO,approached the podium. Other representatives for Royal Crest included Jason Cael, Service Manager and Dan O'Conner,new Community manager. Susan Sawyer,Health Director stated that a complaint was received by the Health Department on October 28, 2015.Michele Grant,Health Inspector,responded to the complaint and performed an inspection at 7 Royal Crest Apt.4.Mrs. Sawyer reviewed pictures taken the day of the inspection. An order letter was issued on 11/2/15.Mrs. Sawyer reviewed the order letter.The tenants of 7 Royal Crest Apt.4 were in the process of moving out.Mrs. Sawyer pointed out that the occupants at the time,The Greenwoods, 2015 North Andover Board of Health Meeting Page 1 of 3 Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Hadge,Health Department Assistant 1 were in attendance tonight.Mr.Nicholas explained the circumstances that brought them before the Board tonight.Mr.Nicholas reviewed the action taken by AIMCO regarding the mold in the bathroom which was remediated on October 28`x'.He referred to the report from Smith and Wessel and showed the Board pictures of the repaired areas.Pictures from Ms.Grant's inspection on 10/30/15 were shown to the Board members which included mold in the bedroom and second bedroom.Mr.Nicholas stated that Smith and Wessel's reports did not show any moisture readings and is requesting that the areas stated in the Order Letter should be cleaned and painted and not gutted. A discussion ensued regarding work that has been completed within Royal Crest Estates over the past years.AIMCO's plan is to do upgrades to the entire property along with drainage system upgrades.A discussion ensued regarding chronic dampness and mold.Mr.Nicholas stated that Smith and Wessel works with AIMCO to insure state regulations are being met. They are not doing the work themselves. Mrs. Sawyer stated that there has been a pattern over the years of work not being completed at Royal Crest. Ted Papadopoulos,attorney for AIMCO,entered the meeting and approached the podium.He stated that previous years complaints should not be brought up as he feels that they aren't the issue that is before the Board.Mrs. Sawyer stated that over the years,the Health Department has partnered with Royal Crest to try and work on the issues.Royal Crest has a big turnover in management companies. Atty.Papadopoulos stated that Smith and Wessel uses the industry standards and their findings don't support any unreasonable moisture in the walls of 7 Royal Crest Apt.4.He suggested that the issue is tenant related and the areas with mold findings are a result of damp towels,etc.A discussion ensued regarding the mold findings in multiple units at Royal Crest and past order letters. Attorney Papadopoulos stated that AIMCO is before the Board to appeal the ripping down of walls that is stated in the order letter,not to discuss previous order letters.Mr.Fixler asked Ms. Grant exactly what the order letter is asking.A discussion ensued regarding the wording of the order letter and how Atty.Papadopoulos interpreted the order letter as well as a discussion regarding the lack of communication between the Health Department and AIMCO.Ms. Grant stated that the bottom line was the Health Department would like to see all apartments at Royal Crest free from the chronic dampness that exists.Dr.MacMillan asked the prior tenant,Brandy Greenwood,to discuss her rental history in Apt.4.Mrs. Greenwood gave the Board her back ground history on the times she had contacted management for mold issues and the bathroom fan not working properly. She stated that the issue of the mold was never resolved since the mold repeatedly kept coming back after AIMCO was out to fix it. She stated that her infant son has allergies so they decided to give their 60 day notice to move out of the apartment. She also stated that her and her husband has had walking pneumonia every year.Dr.MacMillan stated that there is a pattern of chronic dampness with Apt.4.Dr.MacMillan also strongly stated that the problem is not with the tenants.Mr.Pease stated that he sees that the problem Attorney Papadopoulos has with the order letter is the wording of it. MOTION made by Mr.Fixler to maintain the order letter to correct the problems.Dr. MacMillan seconded the motion. Discussion ensued regarding the verbiage of the motion as Mr.Pease suggested. MOTION made by Dr.MacMillan to amend the order letter with suggestions made by Mr. Pease"..remove affected portions of walls..."and" .eeessary building permits,i, r quired..... Motion seconded by Mr.McCarthy. Discussion ensued regarding building permits and inspections.Mr.Fixler noted that when the walls are opened up,work will stop until the Health Department can go down to inspect.Mr. Fixler also noted that the apartment will not be rented until the problem has been corrected and the Health Department gives their approval.There was an acknowledgement by the Royal Crest representatives. VOTE taken to approve the amended motion.All were in favor and the motion was passed. Dr.Trowbridge stated that all issues found during the investigation must be corrected,whether stated in the order letter or not. MOTION made by Dr.MacMillan to vote on the main motion as amended.Motion seconded by Mr.Fixler.All were in favor and the motion passed unanimously. Ms.Grant will reissue the order letter tomorrow. North Andover Board of Health Meeting Minutes Thurs(lay-- Nowrnber 19, 2015 7:00 120 Main Street, 2"d Floor Selectmen's Meeting Room North Andover,MA 01845 V11. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Opiate taskforce appointment—North Andover Board of Selectmen authorized a task force regarding the opiate epidemic in the Merrimack Valley as well as the entire country. Dr. Trowbridge officially appointed Ed Pease to the Opiate taskforce. B. Mrs. Sawyer stated that Deb Rillahan,Public Health Nurse,has finished issuing flu shots. She is now doing the shingle shots.Only a few does is being ordered at a time. The Health Department is charging $150 in order to try to give senior citizens a break in the cost.Ms.Rillahan will also be offering pneumonia shots.Please call the Health Department if interested.A discussion ensued regarding shingle and pneumonia shots. V111. CORRESPONDENCE/NEWSLETTERS ix. ADJOURNMENT MOTION made by Dr.MacMillan to adjourn the meeting. Mr.Pease seconded the motion and all were in favor. The meeting was adjourned at 8:37pm. Prepared by: Lisa Hadge, Health Dept. Assistant Reviewed b : All Board of Health Members&Susan Sawyer, Health Director Signed b La�i i , ixdrl ClWrk of the oard Date Signed 2015 North Andover Board of Health Meeting Page 3 of 3 Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health inspector;Lisa Hadge,Health Department Assistant