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HomeMy WebLinkAbout2009-04-13-BOH-min Lexington Board of Health Meeting, April 13, 2009 at 7:00 p.m. Town Office Bldg., Room G-15 1625 Massachusetts Avenue, Lexington, MA Attendees: Wendy Heiger-Bernays, Chair; Sharon MacKenzie; Burt Perlmutter; Judith Feldman Health Department Attendee: Gerard F. Cody, Health Director; David Neylon, PHN, Ann Belliveau, Health Clerk Heiger-Bernays called the meeting to order at 7:00 p.m. The Board reviewed the minutes of March 9, 2009. MacKenzie motioned to accept the minutes with corrections. Perlmutter seconded. All approved. Environmental Health Reports Teppanyaki Update – Sam Wong, food consultant hired by Teppanyaki presented his third progress report to the Board. Wong conducted his third unannounced inspection on Thursday, April 9, 2009 at Teppanyaki and found two critical violations because of a new staff member in the kitchen. Wong indicated one violation was the cross contamination of raw chicken and vegetables. Another violation was the use garlic and oil at room temperature. After the inspection, Wong spoke with the head chef and all the staff to explain to them what needs to be done and remind them of what needs to be done. Wong mentioned that he did not find any violations at the Sushi Bar. As a result of Mr. Wong’s inspection, the Board motioned the following: 1.One owner must be on site at all times 2.All new food handlers must go to the PIC training conducted by the Lexington Health Dept. 3.Extending Mr. Wong’s services with Teppanyaki for an additional 3 month period 4.The owners must be present at the Board of Health Meeting on May 11, 2009 MacKenzie seconded. All approved. Housing Code Compliance Program Update Cody advised the Board that at a MHOA meeting this month a new program was announced between the Attorney General’s Office and the Department of Public Health as a way to get abandoned properties back on the tax role to provide additional revenue. DPH got involved because of the nuisance since some of these residences provide habitat for wildlife, homeless individuals, etc. In Brockton, Lawrence and Lowell this spring the program will begin. They will be helping with the court process in order to appoint a receiver for the property to put the property on the market or repair the property. Hopefully, we may receive some relief from the Attorney General’s Office and this program for some of the properties in Town. 437 Waltham Street - Cody introduced Thomas Kachadoorian of 442 Waltham St. came before the Board to discuss 437 Waltham St. Cody stated that Mr. Kachadoorian, a neighbor, has control of the keys for the property and may offer some history and background for the property but is not a legal entity for this residence. Kachadoorian advised the Board that 437 Waltham St. is owned by John Baker who is 90 years old and a resident of the Pine Knoll Nursing Facility in Lexington. Kachadoorian met with Mr. Baker today and he wanted Kachadoorian to represent him before the Board. Kachadoorian said Mr. Baker is all in favor in preserving the house although he was told there are extensive repairs to be done. Kachadoorian had a home inspector at the property . Kachadoorian said to make repairs to make it rodent proof would be putting a bandaid on a gaping wound. Kachadoorian said the house is currently structurally sound, the house can be saved but major repairs need to be done. Kachadoorian said that today, Mr. Baker asked him to secure legal counsel and to draft a letter which he would sign giving Kachadoorian full control of the house and to do whatever is necessary to take care of the house. Heiger-Bernays asked Kachadoorian if it is the intention of Mr. Baker to sell the home or just to keep it unoccupied but in good condition. Kachadorian said he did know of his intention but Mr. Baker appears to be of sound mind. Kachadorian also stated that Mr. Baker is aware that Kachadoorian has been taking care of the house. Cody asked Kachadoorian if Mr. Baker is the legal owner of the property. Kachadoorian did not know. Kachadoorian said he would pay for the legal counsel and would need to look into taxes owed, legal owner, etc. Perlmutter stated that it could take many months for Kachadoorian to do what he and Mr. Baker would like done. Perlmutter said the Board is concerned about the condition of the house as it stands and how much risk the building is to neighbors, vandals, animals, etc. Cody said in looking at the State Sanitary Code, there is no heat, hot water and there are multiple State Sanitary Code violations making the property condemnable and this would ensure that no one could live there because it is unfit for human habitation. Cody advised Kachadoorian that the condemnation would be removed if the property met the State Sanitary Code. Perlmutter stated that the Board’s decision to declare 437 Waltham St. uninhabitable at this time and does not alter any of things Mr. Kachadoorian wishes to do to the property. Perlmutter motioned that because there are no tenants or occupants, no heat or running water, multiple violations of the State Sanitary Code at 437 Waltham Street, the Lexington Board of Health declares the property unfit for human habitation and a condemnation order to secure the dwelling will be issued. Furthermore, if Thomas Kachadoorian wishes to pursue the Power of Attorney for the property, he shall keep the Lexington Board of Health and the Lexington Health Department informed of his progress in obtaining this status. MacKenzie seconded. All approved. Cody introduced David Neylon, Public Health Nurse to the Board. Neylon reviewed the Communicable Diseases with the Board. Cody mentioned that Neylon has been attending the CHNA meetings with the youth outreach worker for the Town and there is an overall grant program that the Town of Lexington will be applying for. Neylon explained the Strategic National Stockpile Program he recently attended in Atlanta. Cody explained that Neylon attended this program on a scholarship and idea was for Neylon to inform Region 4a and Region 4b that CDC does have a program in place should there be some type of a disaster where medications will be dispensed within a couple of days. Cody advised the Board that Liisa Jackson will be offering ICS-100 training to the MRC in May instead of having the participants take the course on the web. Cody updated the Board concerning Winning Farm. A letter was faxed to Cody today from a lawyer representing the developer. Cody met with Phyllis Edsel who is the planner for the project and produced a report with all analytical results from all the testing which has taken place in Woburn/Winchester area where they had the landfill. There was no fill in the Lexington side that they are aware of. They are currently working with Conservation to see if they can have access to do cleanup of rubbish, tires, etc. when the properties were abandoned. Cody said there is still an oil tank in one of the buildings so when they are given permission by Conservation they will be able to conduct testing. They are speculating there are no contaminants on the Lexington side. Heiger- Bernays mentioned that neighbors/citizens are concerned because they believe landfill was brought in from the former W.R. Grace property at the end of Route 2 in Cambridge. Heiger-Bernays feels Lexington must be very clear on their requirements for further development. Cody asked the developer, Murray Hill to keep the Lexington Board of Health informed. Perlmutter motioned to adjourn. Heiger-Bernays seconded. All approved.