HomeMy Public PortalAboutSept 10 BOH MinutesBOARD OF HEALTH MEETING
September 15, 2010
Louis P. Andrews Upper Conference Room, Administration Building
CALL TO ORDER: Dr. John Straus called the meeting to order at 7:35 PM.
PRESENT: Dr. John Straus, Dr. Barbara Beck, Steven Ward, and Kristel Bennett.
114 Pierce Road, Unit 250: Kristel Bennett informed the Board of Health that the
owners of 114 Pierce Road, Fred and Susan Isaacs were before the Board for an
administrative hearing to determine whether in Inspection Report and Violations listed in
the August 18, 2010 Order to Correct letter warrant a finding that the dwelling located at
114 Pierce Road, Watertown is unfit for human habitation and should be condemned and
that the premises be vacated. After hearing the testimony of Fred and Susan Isaacs, and
hearing the findings of the September 14, 2010 Health Inspection report, and after much
discussion thereof Dr. Barbara Beck made a motion to ratify the condemnation order of
August 18, 2010. In addition the Board of Health requires the owner of 114 Pierce Rd
Unit 250 to allow the Board of Health, Fire Department and representatives from
Edinburg Center to inspect the interior of the dwelling by or before September 24, 2010
to assess the conditions of the dwelling and to develop a written plan, a Case
Management Agreement, with the direction and input of the Board of Health, its agents
and the town attorney for accessing the dwelling to remove materials, and to comply with
the violations listed in the Order to Correct dated August 18, 2010. Compliance with the
written Case Management Agreement and the Order to Correct letter dated August 18,
2010 must be achieved by the November Board of Health meeting on November 17,
2010. Dr. John Straus seconded the motion. All were in favor.
Dollar N Things: Kristel Bennett presented the plan review documentation for Dollar
N Things. Mrs. Bennett informed the Board the owner, Waseem Ahmad, was requesting
a Retail Food Establishment Permit and variance from the requirements of a three bay
sink with a grease trap. Mrs. Bennett informed the Board that the applicant had
completed the Person In Charge Training, has been instructed as to their responsibility
Board of Health
Minutes September 15, 2010
regarding the requirements of the Food Code, and has been instructed as to their
responsibility concerning the inspection process. After a brief discussion Dr. Barbara
Beck made a motion to approve the issuance of a 2010 Retail Food Establishment Permit
to Dollar N Things with the following conditions. Approving a variance for a grease trap
and three bay sink as required under Food Code 5-402.10 and the Watertown Board of
Health "Rules and Regulations for the Maintenance of Grease Trap and Removal of
Grease from Food Establishments". Food code 5-402.133 states that food establishment
drainage systems, including grease traps, that convey sewage shall be designed and
installed as specified under 5-202.11 (A) which states a plumbing system shall be
designed, constructed, and installed according to law. The reasons for granting the
variance are as follows: No food preparation, and sale of prepackaged food only. The
variance, as specified under 105 CMR 590.010 (H)(1)(2) shall be null and void in the
event of: a) Change of ownership, b) Menu change, and c) Renovation or remodeling. Dr.
John Straus seconded the motion. All were in favor.
Target/ Food Avenue — Starbucks Kristel Bennett informed the Board that Target was
before the Board for an administrative hearing for suspension or revocation of Target's
Food Avenue — Starbucks Permit to Operate a Food Service establishment for failure to
comply with a Health Department order to correct letter date June 24, 2010 and maintain
an establishment free of all pests. Kristel Bennett presented the Health Department's
inspection report and order to correct letter. Attorney Joe Connors, Target representative
and Glenn Straughn, Target Store Team Leader discussed the current Integrated Pest
Management Plan and actions taken to mitigate pests from the establishment. The Pest
Control Operator is servicing Target five times a week, and there has been no evidence of
pests found at the establishment. After much discussion thereof Dr. Barbara Beck made a
motion, that Target must continue with the aggressive Integrated Pest Management Plan
(IPM) as provided by Copesan, this IPM plan will continue to result in the elimination of
rodents in the establishment and throughout the entire store as Target is also in possession
of a retail food permit. In addition, Target must continue to practice good sanitation
habitats. Increased inspections by the Health Department will be conducted to ensure
compliance with the Food Code is achieved. Further violations of the State Sanitary Code
105 CMR 590.000 Minimum Standards for Food Establishment may result in the
2
Board of Health
Minutes September 15, 2010
suspension or revocation of your peiiiiit to operate a Food Service Establishment. Dr.
John Straus seconded the motion. All were in favor.
30 Bartlett Street: Kristel Bennett informed the Board that owner Elena Merjanian of
30 Bartlett Street requested a hearing before the Board for modification of compliance
time for the order to correct letter dated July 26, 2010. Mrs. Bennett presented the
findings of sanitarian, Mark Waksmonski's inspection report and noted that the noise
violation may still be present. The Board noted that the owner was not present for the
administrative hearing. After much discussion thereof Dr. Barbara Beck made a motion
that the owners of 30 Bartlett Street are to be present for a reinspection at 30 Bartlett
Street on September 30, 2010 at 10:00 AM. At this time for the reinspection the HVAC
system must be able to be turned on and turned off, decibel reading levels of the system
turned off and on will be taken by the Health Department at the property line. Should the
decibel readings of the noise from the HVAC system be 10 decibels above the
background noise then a court complaint will be filed against the owners of 30 Bartlett
Street in Waltham District Court.
27 Church Lane: Kristel Bennett informed the Board that Halyna and Ivan Klyuchak
were the owners of 27 Church Lane and were requesting a hearing before the Board of
Health for modification of compliance time for the order letter dated July 20, 2010. Mrs.
Bennett presented the findings of the Health Department inspection report and noted the
progress that has been made in repairing the remaining violations. Mr. Ivan Klyuchak
informed the Board about the efforts to remedy the violations, and that all violations will
be abated through the renovation process of the dwelling. After much discussion thereof
Dr. Barbara Beck made a motion to amend the order to correct letter dated July 20, 2010
to extend the requirements of compliance time to December 15, 2010. A reinspection
will occur before December 15, 2010, if the violations remain unabated by December 15,
2010 a court complaint may be filed against the owners of 27 Church Lane in Waltham
District Court.
Ritchie's Italian Ice: Kristel Bennett informed the Board that Jeffrey Apotheker the
owner of Ritchie's Italian Ice requested to appear before the Board of Health, to request
3
Board of Health
Minutes September 15, 2010
to prepare (pop or warm) popcorn at the establishment/kiosk and sell the prepared
popcorn and prepackaged soft pretzels. Kristel Bennett presented the plan review denial
letter to the Board and discussed the reasoning of the Health Department decision. Mr.
Apotheker informed the Board that he is complying with the Health Department decision,
but would like to prepare and sell popcorn at the establishment/kiosk. After much
discussion thereof the Board did not take a vote as this was an infounational meeting
only. The Health Department's decision is that no food preparation of popcorn or
pretzels is allowed at the establishment/kiosk.
Body Art: Steven Ward reviewed with the Board the proposed changed to the current
Body Art Regulation. Mr. Ward discussed proposed language to add to the current
regulation. The Board will review the proposed language and will vote upon the
amendments at the October 20, 2010 meeting.
Old New Business: Steven Ward informed the Board that Cathleen Liberty; Sanitarian
has left and is now the Health Agent in Webster. He also updated the Board that Sarah
Kinghorn; Public Health Nurse had a baby boy. He informed that Board that Pat Moran
is now the Temporary Public Health Nurse.
Next Meeting Date: October 20, 2010.
Adjourn: 10:20 PM
Minutes: Submitted by Steven J. Ward, Director of Public Health
4