Milton, Massachusetts - Board of Health Minutes, December 2006

4. Mr. Lowney raised concerns about the open meeting law. After some discussion, the Director advised that he has documents on this topic that he will submit to the Board in the hope that these will provide the answers to their questions. The Town's legal counsel would also be a resource if additional questions arise.

5. The Director updated the Board on the status of changing rooms at the Cunningham Park pool following a complaint by a resident several months ago. He spoke with Mr. Wahlgren who advised that the matter has been addressed with the Trustees and the foundation is in the process of accepting bids for different options of the work. Based on the bids received, a decision will be made on how to proceed. Mr. Blanchard will update the Board as information is received and per the Board's suggestion, he will also relay this information to the complainant via a telephone call.

6. Mrs. Whitney advised the Board that seven successful clinics have been held to date. The final clinic of the season which is offered for Town employees will be held tomorrow and any residents still in need of a flu shot will be offered this one last opportunity. She noted that we have used all of the vaccine supplied by the state and have purchased two hundred doses privately for vaccination of employees.

The Public Health Nurse explained that the season went very smoothly despite a hectic start. While reports of sufficient vaccine were publicized, the distribution of that vaccine was delayed causing many Health Departments to postpone many of their clinics. The Public Health Nurse noted that significant Medicare B reimbursements may have been lost due to residents taking advantage of flu shots at area stores and pharmacies early in the season.

The Nurse also stated that there had been an increase in requests for home visits to administer flu shots. The Board suggested that specific guidelines and criteria be established prior to next year's flu season.

7. Mr. and Mrs. Alan Kusch, the tenants of 20 Clifton Street attended to discuss a serious mold problem they have been experiencing in the basement of this two family home. The Director provided a brief background on the matter, including details of an inspection by the Health Inspector. Mr. Blanchard also stated that while several attempts to contact Mr. Jeremy Wye, the owner of the property, by certified mail were unsuccessful, a letter mailed first class was not returned to the Board of Health office as undeliverable. It was also noted that Mr. Wye's telephone had been disconnected. In a letter dated November 28, 2006 to Mr. Blanchard, Mr. Wye advised that he has experienced medical and financial issues that have resulted in his inability to comply with the Health Department's mandates and forced to put the house up for sale.

The Board thanked Mr. and Mrs. Kusch for attending, said they would discuss exactly what options were available to the Board of Health to achieve compliance in this matter and inform the Kusch's of their decision. The Board also noted that this office can only seek compliance to the state sanitary code violations but that the tenants have a right to file a civil complaint in this matter.

As part of the Board's discussion, the Director advised that a criminal complaint could be filed in District Court which would help to move things forward. A motion was made by Mr. Lowney, seconded by Mr. Driscoll and unanimously approved by the Board to begin the process of filing a criminal complaint.

8. The Board discussed a letter to the Director of the Board of Health from Mr. Paul Kelly, Chairman of the Council on Aging, about why a flu clinic was not held this year at the Senior Center. The Director stated that the decision was officially made by the Board at its September, 2006 meeting. He also advised that Mr. Kelly and the Director of the Council on Aging had been invited on more than one occasion to a Board of Health meeting to discuss the matter but that he had never received a reply.

In closing, Mr. Blanchard offered to extend another invitation to Mr. Kelly if he would like to discuss the matter. He also suggested that the Department should move forward from here since everyone in attendance was in agreement that all of our seniors' needs had been met by the flu clinics that were held throughout town and at the various residences for the elderly. The Board suggested reviewing the schedule prior to next year's flu season.

9. The Director requested clarification of Mr. Driscoll's statement that the Chairman should review the Department Head's letters prior to them being mailed. This matter arose as a result of Mr. Blanchard's reply to Mr. Kelly of the Council on Aging.

Currently all letters written on behalf of the Board of Health are reviewed by the Chairman. Following a discussion it was decided that in the future any letters to the Selectmen, other town departments or the media will also be reviewed by the Chairman.

10. A housing violation at 77 Hudson Street was discussed. There appears to be a discrepancy with the electrical metering system and a possibility of an illegal third apartment. Since no access has been allowed by the owner, the Board recommended that the Director move forward with a criminal complaint.