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HomeMy Public PortalAbout20151019 - Board of Health - Meeting MinutesBOH October 19, 2015 Minutes Page 1 Approved on November 2, 2015 BOARD OF HEALTH Town of Hopkinton, Massachusetts 18 Main Street, 3rd Floor Meeting Area Monday, October 19, 2015 at 7:00 p.m. MINUTES Members Present: Paul Winshman, Chairman and Jennifer Belesi, Vice Chairman Also Present: Edward Wirtanen, Board of Health Director Absent: Dr. Phillip Cohen Late Arrival: The meeting was called to order at 7:00 p.m. by Chairman Winshman Request to Approve Board of Health Meeting Minutes Mr. Wirtanen requested that the Board approve the following meeting minutes:  September 28, 2015 Vice Chairman Belesi motioned to approve the meeting minutes of September 28, 2015. Chairman Winshman seconded. Chairman Winshman and Vice Chairman Belesi in favor. Request Approval to Increase Room Count/ 35 Greenwood Road/Tania & Ian Lock The home is an existing 4 bedroom, 10 room house built in 2000 with its originally septic system and it currently exceeds the room count definition. Mr. & Mrs. Lock requested the Board’s approval for them to finish part of their basement to include a bathroom, kitchenette and mudroom and presented the Board with an appeal packet (attached). Mr. & Mrs. Lock requested that the Board consider accepting the kitchen and family area as one room and also consider the dining and formal living area as one room instead of two. Mrs. Lock also stated that they have grave concerns knocking down the walls between these two locations to create 8 foot gaps and feel that it will ruin the look and feel of their home, detract from its value and cause major disruption. After briefly reading the packet Vice Chairman Belesi proceeded to explain to the Locks the history of the Board of Health room definition and regulations and stated that in order to comply with these regulations they would need to take down the walls between the kitchen, family and dining formal living areas. She also said that they cannot make an official vote until they return to the Board with an accurate floor plan design to scale of their home; the hand drawings submitted do not show an accurate scale of the floor plans. Vice Chairman Belesi voiced that they would accept a cad design, done by them, of their floor plans with accurate measurements instead of having them solicit an engineering service which is expensive. Chairman Winshman asked if the Locks would consider a deed restriction on their home. The Locks stated that they are looking into other options at this point and are not considering a deed restriction at this time. BOH October 19, 2015 Minutes Page 2 Approved on November 2, 2015 Chairman Winshman proceeded to explained to the Locks what a deed restriction on their house meant and noted that the restriction can be taken off if and when they decide to upgrade their septic system. Chairman Winshman and Vice Chairman Belesi offered to review their floor plans when they resubmit before they formally come before the Board again. The Locks were amicable to their offer and stated that they would return to the Board with an accurate rendition of their floor plans as requested at the Board’s next meeting. Request a Variance for a Fence at Private Well/6 Ralph Road/David Pappalardo Mr. Pappalardo requested the Board’s approval for a variance from Section 5.6.3- Regulations for Private Wells for a reduction of the required off set distance of 20 feet from his well to the proposed swimming pool fence. He said that the proposed fence around the new swimming pool will only be 10 feet from the existing well and also noted that the pool and the decking area will be enclosed. After a brief discussion between the Board and Mr. Pappalardo he informed the Board that he has, in writing, by Richardson Wells & Pumps a letter stating that having the fence at a 10 feet distance from the well head would not be an issue for the contractor’s equipment to enter the site if repairs should be needed (letter attached). After the Board read the letter they made the following motion: Vice Chairman Belesi motioned to approve the Variance of allowing the swimming fence to be erected 10 feet from the well head instead of the required 20 feet off set distance. Chairman Winshman seconded. Chairman Winshman and Vice Chairman Belesi in favor. Mr. Pappalardo also requested that the 30 day posting of the variance, Section 1 -1.6.5, be waived. Vice Chairman Belesi motioned to waive the 30 day posting notice, Section 1- 1.6.5, as requested. Chairman Winshman seconded. Chairman Winshman and Vice Chairman Belesi in favor. Request Approval to Allow Increase of Room Count with a Deed Restriction- Renovation “After the Fact”/24 Granite Street/Daniel Feheley The home is an existing 4 bedroom, 11 room house built in 1987 with the basement renovated without approval or permits. Mr. Feheley requested the Board’s approval to allow the renovation of his basement, which was completed without a building permit or Board of Health approval and also stated that the electrical portion of the home is up to code. He said that he in turn would offer a deed restriction to allow the renovation to be kept as is. Vice Chairman Belesi explained the history of the Board of Health room definition and its regulations and stated that in order to comply with these regulations a wall would need to be removed somewhere in the home. BOH October 19, 2015 Minutes Page 3 Approved on November 2, 2015 She also asked Mr. Feheley why he did not pull permits for these renovations and also noted that he is in violation. Mr. Feheley explained that he did not intent to have a media and game room in the basement. He said that it came to be that way due to other factors that occurred while trying to upgrade the electricity. Mr. Feheley stated that he cannot explain why he did not pull the appropriate permits for the renovation and takes full responsibility for that. After reviewing the floor plans and determining that, the room off the master bedroom was a closet, a brief discussion ensued and the Board requested that Mr. Feheley remove the closet between the media and game room for the required 8 foot distance to come to compliance with the Board of Health Regulations, provide a deed restriction on the property and to have the Board of Health inspect the removal of the closet and confirm the footage when the construction has taken place. Mr. Feheley agreed with the request. Vice Chairman Belesi motioned to remove the closet between the media and game room, provide a deed restriction for the property and have the Board of Health inspect the removal of the closet and confirm the required 8 foot distance. Chairman Winshman seconded. Chairman Winshman and Vice Chairman Belesi in favor. Request to Discuss to Exceed Total Room Count/21 Cunningham Street/Peter Edwards The home is an existing 3 bedroom, 6 room home built in 1976 with its original septic system (for a 3 bedroom flow). Mr. Edwards discussed with the Board his proposal of not having an 8 foot opening as required by the Board’s regulations of a room definition and for him to construct a garage with a room which will add one more room to his home for a total of 9 rooms. He explained that by tearing a wall(s) would be an added cost to them and change the character of their home. Mr. Edwards requested that the Board consider the kitchen and dining room as open space even though there is a 6 foot passage way and 3 foot half walls on either side with 2 columns between the rooms. He also indicated that their septic system is the original since 1976 and that they have it regularly maintained by JC Parmenter and is happy to provide pumping records to the Board. Mr. Edwards also noted that JC Parmenter has stated that the system is functioning properly. The Board discussed with Mr. Edwards his concerns and the Board’s compliance regulations and came to the conclusion that Mr. Edwards would remove the two columns between the kitchen and dining room and have the Board of Health inspect the removal after it has been completed. The Board asked Mr. Edwards to confirm whether his property had a garbage grinder; Mr. Edwards stated that the property at one point did have a garbage grinder but the prior owners took it out prior to them obtaining the home. The Board voiced their concerns of properties having garbage grinders in relationship to their septic systems and was very happy to hear that Mr. Edwards’s property did not. Mr. Edwards stated that he would submit the proper paperwork with the agreed alterations as discussed tonight. BOH October 19, 2015 Minutes Page 4 Approved on November 2, 2015 Open Session (Unanticipated Topics) None Fiscal Year 2016 Employee Merit Increases for Director and Administrative Assistant-Budget Increase Mr. Wirtanen requested that the Board approve the Fiscal Year 2016 Employee Performance Review salary increases for both himself and Ms. LaRoche and for the Chair to sign the Payroll Change Authorization forms as presented. He explained that Ms. LaRoche’s review was done last year, by Elaine Lazarus, Director of Land Use Permitting and Planning, when she was under that department and received an above satisfactory rating, which is a 1.75% merit rating increase. That percentage will increase her hourly rate by .41 cents and is retroactive to July 1, 2015. Increase amount in the salary line is $3,896.60. Mr. Wirtanen reminded the Board that for his employee performance review he received a “Clearly Outstanding” rating from the Board, which is a 3.0% merit rating increase to his salary. That percentage will increase his salary pay by $1.41 and is also retroactive to July 1, 2015. Increase amount in the salary line is $2,364.66 He also noted that he had reached out, a few days ago, to the Human Resources department and to the Town Manager’s department to get guidance on how to proceed with Ms. LaRoche’s merit increase since she is now under the Board of Health instead of the Land Use Department and that neither of them has answered or provided him with any information. Mr. Wirtanen also informed the Board that he has increased the department’s salary line to reflect Ms. LaRoche’s correct salary and future merit increases for him and Ms. LaRoche and also has increased the Food Inspector’s contractual line item for a total increase of $6,261.26. Vice Chairman Belesi motioned to approve the FY2016 merit rate increases for Mr. Wirtanen and Ms. LaRoche and to also increase the budget line item for the Food Inspector’s contractual services as presented. Chairman Winshman seconded. Chairman Winshman and Vice Chairman Belesi in favor. Chairman Winshman signed the Payroll Change Authorization forms for both Ms. LaRoche and Mr. Wirtanen as requested by Mr. Wirtanen. Non-Union Salary Administration Plan-Director, Administrative Assistant Mr. Wirtanen informed the Board that the Town Manager has finally implemented the Salary Administration Plan (SAP) that has been anticipated for a few years now. He noted that under the new SAP he has been placed below Grade 3 even though this grade was approved, by the Personnel Board, in 2008 to take effective in Fiscal Year 2009 and was confirmed by the Town Manager at the Board’s October 2014 meeting. Changing it would now no longer be possible. BOH October 19, 2015 Minutes Page 5 Approved on November 2, 2015 He also made note that the Board’s Administrative Assistant’s position has been placed under the General Clerical section which does not recognize the position’s executive functions and which the Board has tireless tried to verbalize to the Town Manager and the Human Resources department. Mr. Wirtanen voiced his disappointment and mistrust of how the Town Manager has made it very difficult for the department to obtain what is needed in order to function properly and has agreed and confirmed his salary range and grade at a higher level at the October 2014 Board meeting and now has reneged on that too. Vice Chairman Belesi and Chairman Winshman voiced their offensiveness with the Town Manager’s actions against Mr. Wirtanen and the department. Vice Chairman Belesi noted that she will meet with the Town Manager and address his actions against the Board, Mr. Wirtanen and the department. Chairman Winshman requested that Vice Chairman Belesi take the lead in attempting to correct the actions of the Town Manager against the department. Informational Correspondence Mr. Wirtanen informed the Board that the following is for their information and review and also stated that we have had the first frost which ends the West Nile Virus (WNV) and E.E.E. mosquitoes for this season.  Arborvius Surveillance Program Report-8 Human Cases (WNV)  Draft Fiscal Year 2017 Budget Process-Capital Projects, 5 Year Plan Mr. Wirtanen said that the Town Manager is looking for the all of the department’s Fiscal Year 2017 draft budget in October this year versus later as before. He indicated that the budget includes the following: o Increase salary due to merit raise implementation o Increase money for the food inspections o Added money to scan and evaluate the BOH records into an electronic venue o Capital Projects (5 Year Plan) - to be reunited with the department’s records in this building or seek another location to accommodate department’s records.  Charter Review: Mr. Wirtanen also reminded the Board that the Charter Review Committee will be reviewing the Town’s Charter and it is prudent to have the Board recommend its autonomy and clarity in the Charter and to ensure that the department it is not placed under the Land Use Planning and Permitting For election of members to continue and the funding be only subject to the voters at Town Meeting.  Comments: Draft comments to the Planning Board regarding the proposed Legacy Farms North (0 Wilson Street) Master Plan Permit Amendment Application  Comments: Draft comments to the Planning Board regarding the proposed Lumber Street-Hopkinton Indoor/Outdoor Tennis Club-Site Plan Review Application-and BOH October 19, 2015 Minutes Page 6 Approved on November 2, 2015 also indicates that the filing fee of $150 to review the site plan has not been received by the Board of Health  MAHB: Log in instructions for the Board to the Massachusetts Association of Health Boards (MAHB) and update of the Board members information on their site Bills and Correspondence  Mr. Wirtanen requested that Board’s approval to pay the MAHB Certificate Training Program in the amount of $115 for Ms. LaRoche to attend in November 2015. Vice Chairman Belesi motioned to approve the payment of the MAHB Certificate Training Program for Ms. LaRoche to attend in the amount of $115. Chairman Winshman seconded. Vice Chairman Belesi and Chairman Winshman in favor.  Mr. Wirtanen presented the Board with the department’s September 2015 expenses. Board of Health Future Meetings The Board will meet on the following dates:  Mondays, November 2, 16 & 30, 2015  Monday, December 14, 2015 Payroll Authorization Mr. Wirtanen requested Chairman Winshman’s signature and payroll authorization for the following weeks: ≈ October 26-31, 2015 ≈ November 2-7, 2015 Chairman Winshman signed Mr. Wirtanen’s payroll as requested. ADJOURN: Vice Chairman Belesi motioned to adjourn 8:40 p.m. Chairman Winshman seconded. Chairman Winshman and Vice Chairman Belesi in favor. Respectfully Submitted, Nidia LaRoche Board of Health Administrative Assistant