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HomeMy Public PortalAboutMar 10 BOH MinutesBOARD OF HEALTH MEETING March 25, 2010 Town Council Chambers, Administration Building CALL TO ORDER: Dr. Straus called the meeting to order at 7:40 PM. PRESENT: Dr. John Straus, Dr. Barbara Beck, Steven Ward, Kristel Bennett, Cathleen Liberty, Sarah Kinghorn and Mark Reich. Chamber of Commerce — Taste of the Town: Steven Ward introduced Brenda Fanara and Edward Sugrue representatives from the Watertown Belmont Chamber of Commerce for the Taste of the Town to the Board. Mr. Ward spoke of previous Taste of the Town events and the respective application process and due dates. Kristel Bennett reviewed the current Temporary Food/ Mass food Gathering Application process. Ms. Fanara and Mr. Sugrue updated the Board as to the current status of the applications. The Taste of the Town event is set for Thursday, May 6, 2010. District 1 Presentation: Sarah Kinghorn and Cathleen Liberty presented the January and February (District 1) 2010 Environmental and Community Health Report to the Board. Ms. Kinghorn informed the Board that there were over twenty-five seasonal and H1N1 influenza clinics held. There were fourteen hundred individuals treated with seasonal influenza vaccine and seventeen hundred individuals treated with H1N1 influenza vaccine, a total of thirty-two hundred individuals treated. H1NI still continues, and there are individuals who are still asking to receive the H1N1 vaccine. Ms. Liberty presented the environmental report to the Board; she informed the Board that she is working with Mr. Ward to develop an abandoned, vacant, and dilapidated property ordinance. 252 Common Street: Kristel Bennett informed the Board that the representative for the owner of 252 Common Street, attorney Anthony Donato, was before the Board for an administrative hearing to determine whether the Inspection Report and Violations listed in the March 4, 2010 Order to Correct letter warrant a finding that the dwelling located at Board of Health Minutes March 25, 2010 252 Common Street, Watertown is unfit for human habitation and should be condemned and that the premises be vacated. After hearing the findings of March 25, 2010 Health Inspection report, the testimony from Attorney Antony Donato, and after much discussion thereof, Dr. Barbara Beck made a motion to ratify the condemnation order of March 4, 2010. In addition the Board of Health required the owners of the property to correct the violations listed in the Order to Correct letter dated march 4, 2010 or provide an alternative to vacate and secure or raze the dwelling by April 21, 2010 at the next Board of Health meeting. The owner of 252 Common Street is required to correct all the violations listed in the Order letter dated March 4, 2010 by April 21, 2010 at the next Board of Health meeting. Dr. Straus seconded the motion. All were in favor. Orchard Park Grill: Kristel Bennett informed the Board that the John Stathakis, owner of Orchard Park Grill was before the Board for an administrative show cause hearing as to why the Board of Health should not suspend or revoke the owner's Permit to Operate a Food Service Establishment for noncompliance with State Sanitary Code, 105 CMR 590.000. After hearing the findings of John Stathakis, the Health Department inspection report, and after much discussion thereof, the Dr. Barbara Beck made a motion to require Orchard Park Grill to hire a professional architect, versed in food establishment construction/renovation, to develop scaled plans which include equipment specification sheets of the bar area in the establishment to include a functioning ware wash machine and/or a sufficiently sized three bay sink and hand sink. Orchard Park Grill must submit the bar area floor plan provided by the food service architect to the Health Department for review and comment by April 19, 2010. The Board of Health also recognized that the existing floor in the bar area, bar associated equipment including but not limited to beer coolers are old, worn, and in disrepair. In addition, the lack of floor space between the rear wall and the bar significantly limit the ability of employee staff to move freely within the bar area thereby restricting work flow. Accordingly, Orchard Park Grill must submit a plan to the Watertown Health Department by June 20, 2010 which outlines the renovation work required to enhance workflow by eliminating spatial constraints, replace worn flooring, and outdated equipment. Failure to comply with these requirements may result in the suspension or revocation of Orchard Park Grill's Permit to Operate a Food Service establishment. Dr. John Straus seconded the motion. All were in favor. 2 Board of Health Minutes March 25, 2010 100 Dexter Avenue: Kristel Bennett informed the Board that the owners of 100 Dexter Avenue, Arthur and Mary Papazian were before the Board for an administrative hearing, to determine whether the Inspection Report and Violations in the March 2, 2010 Order to Correct letter warrant a finding that the dwelling unit located at 100 Dexter Avenue, Watertown (first floor) is unfit for human habitation and should be condemned and that the premises be vacated. After hearing the testimony of Arthur, Mary, and Joseph Papazian, and hearing the findings of the March 24, 2010 Health Inspection report, and after much discussion thereof, Barbara Beck made a motion to amend the order letter dated January 26, 201 to extend the requirements of compliance time to April 21, 2010, the next Board of Health meeting. In addition, the Board of Health voted to ratify the condemnation order of March 2, 2010. The Board of Health requires the owners of 100 Dexter Avenue to correct the violations listed in the Order to Correct letter dated March 2, 2010 or to provide an alternative to vacate and secure or raze the dwelling by April 21, 2010 at the next Board of Health meeting. The owners of 100 Dexter Avenue all required to correct all violations listed in the Order letter dated March 4, 2010 by April 21, 2010 at the next Board of Health meeting. Dr. John Straus seconded the motion. All were in favor. 66 Capitol Street: Kristel Bennett informed the Board that the owners of 66 Capitol Street, John and Sandra Howard were before the Board for an administrative hearing, to determine whether the Inspection Report and Violations in the March 5, 2010 Order to Correct letter warrant a finding that the dwelling located at 66 Capitol Street, Watertown is unfit for human habitation and should be condemned and that the premises be vacated. After hearing the testimony of John and Sandra Howard, hearing the findings of the March 25, 2010 Health Inspection report, and after much discussion thereof, Barbara Beck made a motion to ratify the condemnation order of March 5, 2010. In addition the Board of Health requires the owners of 66 Capitol Street to provide a written plan for accessing the dwelling to remove valuables, and to either correct the violations listed in the Order to Correct letter dated March 5, 2010 or to provide an alternative to vacate and secure or razed the dwelling by April 21, 2010 at the next Board of Health meeting. The owners are hereby ordered to correct all violations listed in the Order letter dated March 3 Board of Health Minutes March 25, 2010 5, 2010 by the next Board of Health meeting date of April 21, 2010. Dr. John Straus seconded the motion. All were in favor. A & M Variety: Kristel Bennett informed the Board that the owner of A & M Variety, Mario Pulecio was before the Board for an administrative show hearing to show cause as to why the Board of Health should not suspend or revoke A & M variety's Tobacco Sales and Location Permit for failure to comply with the Board of Health decision of February 17, 2010 requiring all employees associated with the sales of tobacco products to attend a mandatory Tobacco Retailer Education Training. After hearing the findings of Mario Pulecio, and after much discussion thereof, Dr. Barbara Beck made a motion that all employees associated with the sales of tobacco products attend a Tobacco Merchant Education Program offered by the Watertown Health Department; this training is scheduled for Tuesday, April 6, 2010 at 10:00 AM in the Lower Hearing Room. It is hereby noted that Mario Pulecio has completed the Tobacco Retailer Education Training. Dr. John Straus seconded the motion. All were in favor. 41 Quincy Avenue: Kristel Bennett informed the Board that the representative of 41 Quincy Avenue, Attorney Kathy McNair was before the Board for a show cause hearing to determine whether the Inspection Report and Violations listed in the December 23, 2009 Order to Correct letter warrant a finding that the dwelling located at 41 Quincy Avenue, Watertown is unfit for human habitation and should be condemned and that the premises be vacated. After hearing the testimony of Attorney Kathy McNair, and reviewing the submitted written plan, and after much discussion thereof, Barbara Beck made a motion to ratify the condemnation order of December 23, 2009. In addition the Board of Health required the owners of the property to correct the violations listed in the Order to Correct letter dated December 23, 2009 or to provide an alternative to razed the dwelling. The Board of Health also requests that Attorney Kathy McNair provide a status report of progress made regarding compliance with the Order to Correct letter of December 23, 2010 before the next meeting of the Board of Health on April 21, 2010. The dwelling is to remain vacant and secured. No dwelling or portion thereof which is ordered to be secured shall be occupied without the written permission of the Board of 4 Board of Health Minutes March 25, 2010 Health based upon the Board's written finding that the dwelling or portion thereof to be occupied is fit for human habitation. Witricity Corporation: Kristel Bennett informed the Board that Anthony Brown and Michael Hallor, representatives for Witricity Corporation, were before the Board to petition for a variance from the provisions of the Massachusetts State Plumbing Code, 248 CMR 10.09 Interceptors, Separators, and Holding Tanks. After hearing the testimony of Anthony Chapman, findings from Kristel Bennett, and reviewing the written comments of the Plumbing Inspector, John MacDonald, and after much discussion thereof, Dr. Barbara Beck made a motion that the Board of Health is not in favor of recommending this request for a variance from the State Board of Plumbing and Gas Fitters in regards to the installation of an oil and gasoline interceptor at WiTricity Corporation, 149 Grove Street, Watertown as required by the Massachusetts State Plumbing Code 248 CMR 10.09. The Board of Health is in support of the comments provided by the Town Of Watertown Plumbing Inspector, John MacDonald and is waiting for comments from the Department of Public Works. Dr. John Straus seconded the motion. All were in favor. Old/New Business: Steven Ward informed the Board the Smoking In Workplace regulation needed to be amended to incorporate the fines. After reviewing the state law, The Massachusetts Smoke -Free Workplace Law, MGL Chapter 270, Section 22, "An Act Improving Public Health In the Commonwealth" and after much discussion thereof, Barbara Beck made a motion that the local status with respect to the violations and non- criminal disposition be amended to be consistent with the MGL Chapter 270, Section 22, "An Act Improving Public Health In the Commonwealth", specifically paragraph (1) and (m), subject to the approval by the Town Counsel. Dr. John Straus seconded the motion. All were in favor. Next Meeting Date: April 21, 2010 Adjourn: 10:50 PM Minutes: Submitted by Steven J. Ward, Director of Public Health 5