HomeMy WebLinkAbout2008-08-04-BOH-min
Lexington Board of Health Meeting, August 4, 2008 at 7:00 p.m.
Selectmen’s Meeting Room
1625 Massachusetts Avenue, Lexington, MA
Attendees: Wendy Heiger-Bernays, Chair; Sharon MacKenzie; Burt Perlmutter;
Deborah Thompson and Judith Feldman.
Health Department Attendees: Gerard F. Cody, Ann Belliveau
Heiger-Bernays called the meeting to order at 7:05 p.m.
The Board reviewed the minutes of July 9, 2008. MacKenzie motioned to accept with
corrections. Feldman seconded. All approved.
Community Health Updates/Reports - The Board reviewed the Public Health Nurse
report. Cody advised the Board of 4 reported cases of Lyme disease. Since Lyme
disease is on the rise across the state, Cody prepared a draft press release for the Board’s
review. This will be used to as a part of a public education outreach campaign for the
next spring season.
Public Health Nurse Update – With the second round of the Public Health Nurse
interviews completed, Cody submitted his recommendation to Karen Mullins,
Community Development Director. This recommendation is strongly supported by BOH.
Environmental Health Update
Cody asked the Board to recognize, Patrick Goddard, Director of Facilities for the Town
of Lexington. Cody stated at the last meeting, a letter was sent by Ms. Fox to Chartwells,
(the company that provides food services to the Lexington Public Schools). Heiger-
Bernays apologized to Goddard for the letter, that should have been approved by the
Health Director and should not have told Chartwells how to correct the violations and it
should have just identified the violations. In addition, the letter should have been sent to
Lexington Public Schools and not to the contractor. Heiger-Bernays informed Goddard
that budget constraints are appreciated, but that compliance with health (sanitary) code is
mandated by the State. Heiger-Bernays said the Board looks forward to a long and
productive relationship with Facilities in obtaining this goal. Heiger-Bernays said that
several items had been identified in the June 10, 2008, letter to Chartwells, based on the
Sanitary Food Code. The BOH suggested that a plan be developed for addressing the
violations and that the most critical items should be addressed first. Mr. Goddard
informed the Board that he attended a meeting with Kathy Fox; Nancy Wiseman of
Chartwells; and Mary Ellen Dunn, Finance Director for the Public Schools. As a result
of this meeting, several pieces of equipment have been ordered totaling $80K including
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most of the equipment mentioned in the June 10 letter so they are at various stages of
completion. Goddard stated that some maintenance items will be completed prior to
schools opening and there are plans to correct the violations. Heiger-Bernays wanted to
reiterate that it is not the Board’s job to tell individuals how to correct (or what
equipment to purchase) but rather identify what needs to be corrected and Mr. Cody can
provide a list of food consultants who can work with individuals to correct situations.
Goddard mentioned that the capital budget preparation will begin in September for
FY2010 and he is working on developing a multi-year capital plan to address other items.
Goddard advised the Board that Nancy Wiseman will work on procedural issues.
Heiger-Bernays asked Cody to identify exact code reference for the items to be corrected
for Goddard to help with the justification of funds. Goddard stated that Chartwells
provides a contracted service for the Town but it is the Town’s obligation to provide
suitable equipment to Chartwells in order for them to do the job. Goddard will be
providing to Cody an update of what has been done.
Cody informed the Board of a recent meeting with Goddard and some concerned parents
regarding cleaning products being used in the schools. As a result, Goddard stated he
requested an RFP about six months ago to standardize Town-wide use of green products
for cleaning as well as paper products.
Housing Code Compliance Program Update
Cody informed the Board of complaints by a tenant residing at 29 Captain Parker Arms.
The tenant was concerned about standing water and mold in the basement, the heating/ac
units inside the living area. Cody and Kathy Fox conducted an inspection on June 25,
2008 and an order letter was sent to Captain Parker Arms Realty Trust. Another
inspection was conducted on July 22, 2008 and the tenants pointed out some other items.
Cody sent another order to correct letter to Captain Parker Arms Realty Trust to fix the
items the tenant had complained about. Cody said there were water spots on the ceiling
in the bedroom. While Cody was there, he noticed some work being done by contractors,
plumbers and Wet Basement Technology. It appeared their work was being done in a
professional manner. During the second inspection, Cody asked the tenants if they had
any problems with insects or rodents and the tenant replied no. After the second order to
correct letter was sent, the tenant then complained of rodent droppings and insects.
Cody then introduced representatives from Captain Parker Arms Realty Trust to the
Board and stated they would provide some background information and an outline of
corrective actions. Heiger-Bernays asked the representatives about the issues at hand, the
inspections that have resulted, the corrective actions needed and the timeframe to address
these issues. Pam Diotalevi, Property Manager CPA; Nick Schwam, Regional Property
Manager for CPA; and Greg Williams, Maintenance Supervisor CPA introduced
themselves to the Board. Diotalevi said that Geraldine and Steven Klein moved into
Apt. 29, a one bedroom end unit on September 10, 2007. There are a total of 94
apartments and 11 buildings. Diotalevi said from the time the Kleins moved in, they had
many maintenance concerns, some of which were unfounded. Heiger-Bernays stated that
inspections were done in October 2007 and then, in June 2008 and again in July 2008 and
a order to correct letter had been sent to Captain Parker Arms in June 2008 and again in
July 2008 and the major issues seems to pertain to moisture in both common areas and
the Klein’s apartment. Heiger-Bernays advised that the correction order requires that the
sources of chronic dampness be eliminated and the health of the occupants be maintained.
Williams stated in dealing with a 40 year old property certain things come up and any
water infiltration is being repaired and it is an ongoing process. He stated Crack-X has
been contracted to fix any cracks in the foundations, any water infiltration from plumbing
or electrical piping has been fixed, air handlers and vents will now elevate the humidity
in the basements and because the air conditioning pipes were sweating, all pipes will be
wrapped with new insulation to hold the moisture. Williams also stated the leak from the
flat roof has been repaired and everything else in the building is in the process of being
completed. MacKenzie asked if their primary focus is on the common area of Building
25-27, are the other buildings being addressed? Williams said the primary focus is on
that building and any other issues that come up in other buildings have been corrected or
if something comes up, they are on top of it. Williams stated that because of the extreme
humidity and severe rains have brought on weaknesses. Heiger-Bernays asked if Dolben
has had engineering advice to say this is a legitimate solution since the facility is located
close to the water table even with the absence of heavy rains. Heiger-Bernays said she is
concerned about the source of the water being three-fold: ground water beneath the slab,
the runoff from the area around or the roof, and the condensation from the pipes.
Williams said they are controlling the water but they would never be able to get rid of the
water totally. Ms. Diotalevi stated that the moisture in Bldg. 25-27 is caused from the
AC pipes sweating. She also said they had received options from a mechanical engineer
to present to the owners. One option would be to replace the air conditioning system so
no cold water would need to run through the pipes, therefore, eliminating condensation.
Heiger-Bernays said these are violations and would like a plan to address issues in all
buildings. Heiger-Bernays would also like to see the documentation from the mechanical
engineer with recommendations and the plan to incorporate these recommendations in
eliminating both the foundation issues and air conditioning condensation issues. Heiger-
Bernays stated this is a very serious problem and wonders if the owner appreciates the
magnitude of this problem and the impact on public health in this facility. This must be
corrected with a permanent solution, if it exists. Heiger-Bernays requested a plan and
timeline to meet these requirements in all buildings. Heiger-Bernays stated that because
two tenants have come forward, there will likely be more coming forward. She asked of
the process for notification to tenants of what is going on in common areas, the timeframe
for correction, in the language that is understood by the tenants. The Board of Health
would like to receive a copy of all notifications to tenants.
Heiger-Bernays asked Cody if there are any building structural issues. Cody informed
the Board that the Building Commissioner has been notified along with the
Plumbing/Gas/Mechanical Inspector and Electrical Inspector. Diotalevi informed the
Board that the Building Commissioner conducted an annual safety inspection two months
ago in all the buildings. Cody will be doing a reinspection at 29 Captain Parker Arms to
see if the violations cited in the order correct letter have been completed and then he will
update the Board. Diotalevi informed the Board that the Klein’s at 29 Captain Parker
Arms seem to have moved out because all of their belongings in the storage area and
apartment there but they have not returned their keys. Diotalevi is working with her
corporate office and attorney to see if there is a way to get the keys back and gain entry
into the apartment. Diotalevi said the Klein’s lease expires in September 2008.
In summation, Feldman recommended the following plan: 1.) conduct a hearing,
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tentatively set for August 11and 2.) Owners of CPA need to establish a timetable to
correct the most critical violations. Cody suggested the Dolben Company attend the
September 15, 2008 Board of Health Meeting. Heiger-Bernays suggested to Dolben,
that communication with tenants is clearly important.
Heiger-Bernays stated Ms. Klein had requested a hearing before the Board of Health.
She will be offered August 11, 2008 or at the next Board of Health meeting on
September 8, 2008.
Quality Inn & Suites – Outdoor Pool – On July 30, 2008, an inspection took place at the
Quality Inn revealed that the chlorine levels were below regulatory standards and the
alkalinity levels were incorrect, as recorded in the log book. As a result, Quaility Inn
voluntarily closed the pool. Cody introduced Jennifer Long, General Manager at the
Quality Inn & Suites to the Board. MacKenzie motioned the following: “the Quality Inn
must take chlorine measurements each day at 3:30 p.m., in addition to the normal testing
requirements, complete the logbook (including alkalinity) and fax this information to the
Health Director at 781-861-2780 on a daily basis. If the inspectional process reveals
further deficiencies in the chlorine level, a Certified Pool Operator (CPO) will be
required on site for the remainder of the season. Starting in the Spring of 2009, Quality
Inn will be required to have a CPO on site at all times the pool is operating”.
Perlmutter seconded. All approved. MacKenzie motioned to adjourn. Thompson
seconded. All approved