MONTEREY BOARD OF HEALTH MEETING MINUTES
Date: July 2, 2012
Present: Stephen Enoch, Robert Annelli, Peter Kolodziej and John Makuc
Also Present: Officer Johnson, Mark Little, Michael O’Connor and Patrick and Deanna Vincent.
The meeting began at 4pm
Peter Kolodziej opened the hearing scheduled for today in accordance with Chapter 111, sections 3 and 127A of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation based on inspections of dwellings located at 26 New Marlboro Rd by Peter Kolodziej, Health Agent and Building Commissioner and Zoning Enforcement Officer for Monterey, Donald Torrico on June 11, 2012. Due to the conditions observed the Board of Health may determine that the action to condemn both structures is warranted. Peter noted that the Plumbing and Electrical Inspectors still need to perform site visits. The following were violations noted:
Brown wood sided structure:
410.180: Bathroom shower hot water low water pressure.
410.200 & 201: Side bedroom not equipped to receive heat.
410.255:~Electrical service~does not appear adequate, multiple appliances cannot be utilized simultaneously. To be reviewed by Electrical Inspector.
410.351: Improper woodstove insert in fireplace safety and fire hazard; heat tape placed on water line upstairs bath to prevent freezing serious safety hazard.
410.354: Building that tenants occupy~was also~providing electrical power to other white structure. The power to that structure has since been disconnected; each structure must have a separate electrical service.
410.482: No carbon monoxide detectors present; smoke detectors not functional.
410.500: Roof leaking around chimney area and front of building. Roof in extremely poor condition; large gaps just below roofline making easy access by rodents; animals (existing) ; very susceptible to wind and rain. Multiple broken screens and windows.
White sided (unoccupied) structure:
410.255: No electrical service.
410.602: Food items, rubbish and general clutter poor sanitary conditions observed through window. Outside area strewn with old metal pots and pans wood and other debris creating harborage for rodents and condition will attract wild animals.
At this time the Board allowed the owner of record Michael O’Connor to present his plan of action to remediate the violations noted. Michael has been unable to get to the house but is understands that the tenant are looking for a new place to live and said that as soon as they leave he will begin the necessary repairs. Michael stated that there are some landlord/tenant issues here and he was very surprised by the letters he received that led up to this.
Pat Vincent, tenant stated that Mr. O’Connor has been pressuring them to sign a year’s lease but would not agree to fix any of the issues, one of which was a leaking roof since day 1. Mr. Vincent stated that he’s done work personally on the property and Mr. O’Connor has refused to pay him or deduct it from their rent.
Mr. O’Connor was questioned about the claim of their only being one line of electrical service to both of the properties which is a violation of the electrical and building codes. He concurred that this is the case. He also stated that he agreed to pay for any approved repairs Mr. Vincent made.
The Vincent’s are currently packing and looking for a new residence and hope to move within 30 days. Mr. O’Connor stated that he is no longer allowed to occupy his residence. Mr. O’Connor stated that he has started the eviction process as the Vincent’s have stopped paying rent.
The Board understands that there are many landlord/tenant issues but that is out of the jurisdiction of the Board of Health and they want to focus on what can be done right now to make the tenants as safe as possible in the dwelling until they are able to find another place of residence. It was determined that the owner has not done anything to date to remediate any of the issues. The Board informed Mr. O’Connor that within 7 days of this hearing Mr. O’Connor will receive a letter from the Board letting him know if the Board will proceed with condemning the property or not.
At this time there were no further comments and the hearing was closed.
The Board also addressed the following:
1. The minutes from June 18, 2012 were approved.
2. The Board agreed to participate in the MassDEP’s School Recycling Assistance Grant Program and signed the commitment letter which will be returned to Juliette Haas, Secretary to the Board of Health in Egremont.
3. The Board discussed the request from Millie Church’s family to extend the date of the hearing scheduled for July 16th to allow them more time to come up with solutions for cleaning the property. The Board agreed to postpone in until Monday, August 20, 2012.
4. Peter has done all the inspections at Hume and they are all set.
5. Kutsher’s Sports Academy does not have a pool permit to date as he has not met the requirements necessary with regards to a pool operator.
6. Camp Half Moon is also all set with their permits.
7. Town Nurse survey to providers update: the survey link is being tested and once that is all set we will send it out to the professionals.
8. The next meeting is scheduled for Monday, July 16, 2012 at 4pm.
The meeting adjourned at 5:15pm
Submitted by,
Melissa Noe
Inter-Departmental Secretary
(via audio recording)
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