Board of Health

Office of the Board of Health City Hall 166 Boulder Drive – Suite 108 Fitchburg, Massachusetts 01420 978-829-1870 An organizational meeting was held on May 4, 2017 at 5:00 pm. Present were: Ian Murray, Chairman; Stephen Curry, Director; Sandra Knipe, R.N.B.S.N. Member; Dr. John Bogdasarian, M.D., Michael O’Farrell and Mary Ann O’Farrell. Request to appear on the Agenda: Michael and Mary Ann O’Farrell, 62 Old Deerfield Rd: Mr. O’Farrell stated he has lived in the city for 33 years and owns a home at 62 Old Deerfield Road. He has gone back and forth with Mr. Curry concerning section 138 of the city code. Mr. O’Farrell stated that the situation is deteriorating and progressing faster and since the BOH exercises supervisory jurisdiction over the Health Department he feels it would be better to address the BOH with the idea of using the board as a prod to the Department of Health. Over the years people have been made aware of Lyme Disease and studies have been done in a city such as Fitchburg with a health department such as we have here and assigned with a landfill that we have a contract with that picks up leaves and debris 9 times a year there should be no reason for anyone to allow leaves to accumulate to an extent that it would create a feeding ground for ticks. Two years ago Mr. O’Farrell watched a pile of leaves adjacent to his property grow larger and become a dumping ground. Mr. O’Farrell stated ticks cause Lyme disease. Mr. O’Farrell called the Health department for an inspector to come and look at the pile of leaves. The difficulty was that the inspector, despite being told there is animal feces in this pile of leaves stated he did not smell the feces. Mr. O’Farrell said because of the absence of odor doesn’t mean it’s not there. On March 27, Mr. O’Farrell spoke with another inspector who said this was determined to be a neighborhood dispute. The aspect of the conversation without discussing the content of the conversation gave him reason to believe something was amiss. Mr. O’Farrell stated he filed a request under the Mass Public Records Law to obtain all documents pertaining to these investigations. He did receive some material but none pertaining to a resolution (he compared before and after photographs) and no material in pertaining to closing the matter out. Mr. O’Farrell stated we have an overt, not saying a deliberate, overt violation of the law that all of us benefit from by an experienced inspector. This is concerning to Mr. O’Farrell considering the content of the studies from the CDC, MA Dept. of Public Health etc. about ticks and Lyme Disease, and the advice that these agencies designate woodlands & leaf litter are high risk areas. Mr. O’Farrell stated two weeks ago while Mr. Curry was on vacation that the same inspector attempted to respond to this. Mr. O’Farrell was under the impression this was in litigation to clean up the property, but also knew no progress was made. The content of the email was that this was settled two years ago and the mess had been cleaned up. Mr. Curry was provided photographs and three inspectors had visited the property three different times and Mr. O’Farrell asked to have the area photographed. This is difficult because there is a house on wheels (camper on the neighbor’s property) that prevents a clear view. Mr. O’Farrell showed a photograph from the area two years ago showing a pile of leaves that the inspector says is a small pile of leaves. In May of 2016 there was an incident that occurred where part of the neighbor’s fence fell on his property. A few months later more parts of the fence had fallen. In October of 2016 Mr. O’Farrell called the Mayor’s office who in turn referred him to the Building Department who informed him that a fallen fence is not his department’s responsibility. On March 27 another inspector (from the Health Dept.) came out and explained he had spoken with Mr. Curry and the city solicitor and was told this is a neighborhood dispute. Mr. O’Farrell stated he didn’t have a dispute with someone he doesn’t even know or converse with. Mr. O’Farrell gave the inspector photos of the property that has a pool on it with a fence around it. A pool has to be surrounded by a fence to protect from children and animals getting in. The inspection didn’t disclose 3 direct violations, 1) there was a wide open gate to the pool because the fence was down there with direct access; 2) the fence around the pool had missing pickets that someone could easily get through; 3) there is a direct gap thru the stockade fence giving access to the pool area. Mr. O’Farrell asked for a copy of the inspection report which had no mention of twenty five years of accumulation of leaves which is now exposed with the fence down. Section 138. 3 of the city code gives the owner 10 days to clean up the property. When Mr. O’Farrell met with the inspector, he asked what the abatement deadlines are. The inspector stated 10 to 14 days then followed it up with 14 days because of the snow on the ground. The inspector then provided a copy of a written order which requested the owner abate conditions within 30 days. Mr. O’Farrell read the email from Mr. Burns and wanted to know why the change from 10 to 14 days then to 30 days. These codes are put in place to get things done and property cleaned up. There was another inspection that took place but the matter was put into housing court for May 19, 2017 and the only thing written up was the fence, nothing about the gate and pickets and so on. He complained that the neighbor should not have been given this long to correct the violations. Mr. O’Farrell is looking for the Health Department to do a better job at enforcement. Dr. Bogdasarian stated, “The fence falling down, the pool gate being open with a pathway to get in and a pile of leaves and debris, do all these issues still remain?” Mr. O’Farrell responded, “They do however the fallen sections of fence have been moved, but the leaves and debris still remain.” Ms. Knipe would like to confirm Mr. O’Farrell has two issues, 1) there is a lot of leaves and debris and concerned with ticks which is a public health issue and 2) Mr. O’Farrell is unhappy with the performance of our inspectors. Mr. Curry stated, “The inspectors don’t feel it’s a violation and there is a procedure for that.” “If Mr. O’Farrell feels as though he is being slighted and there’s a violation and the inspector isn’t citing a violation this is the venue for that and there are procedures in place to handle this.” “This matter should go before the BOH in a public hearing and the complainant should present the matter to the BOH that a violation exists and the inspectors failed to cite it.” Mr. Curry further explained that a notice of violation was issued regarding the fence. The inspector issued a violation notice under Chapter 138 of the City Ordinances. Mr Curry stated, “In my discussion with the inspector there appeared to be some confusion by the inspector and the usage of codes between the State Sanitary Code and Chapter 138.” “These codes have different deadlines, so the inspector cited the state sanitary code deadline with the city ordinance which is an error on the inspectors part, which I will take steps to make sure that doesn’t happen again.” Mr. Curry also stated, “The fence violation regarding pool access, the inspector admittedly missed and I directed him to issue an order to the owner” Mr. Curry also explained the court date for the fence violation was already set for May 19, 2017 and the new order issued must allow the violator due process to make the repairs before enforcement is taken. Mrs. O’Farrell asked, “What is the deadline on that order?” Mr. Curry responded, “seven days.” Mr. Murray feels the only thing under dispute right now is the leaves and debris. A future hearing would be to dispute the findings of the inspector that the leaves do not constitute a violation. Sandra Knipe explained that a neighbor would have to be notified and in attendance and go through a process that is involved with having a hearing. Mr. O’Farrell was offered a hearing and he accepted. March Meeting Minutes Review & Approval: To be reviewed at the next meeting. Tobacco Cessation & Prevention Report: Mr. Curry stated three establishments failed compliance checks. Tobacco Control would like to schedule hearings with the Board. These establishments by code would be susceptible to suspensions as they have been cited on multiple violations. Staffing Reports: Mr. Curry will send the reports electronically to the Board Members for their review will discuss and approve at the June 1 meeting. Next meeting is scheduled for June 1, 2017. Ian Murray made a motion to adjourn. . Meeting adjourned at 6:30 pm.