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HomeMy WebLinkAbout1993-02-04 Board of Health Minutes BOARD OF HEALTH MINUTES FEBRUARY 4, 1993 MEMBERS PRESENT: John S. Rizza, D.M.D. , Gayton Osgood, Sandy Starr, Health Agent, and Karen Nelson, Director, Planning & Community Development. Francis P. MacMillan, M.D. , Chairman and Allison Conboy, Health Administrator were not present. Dr. Rizza called the meeting to order at 5:45 p.m. 78 EAST WATER STREET - EMERGENCY MEETING SCHEDULED FOR THE PURPOSE OF DETERMING A CONDEMNATION NOTICE SHALL BE ISSUED: Jack Crawley, Manager of Brookside Condominiums and other condo owners were present. On January 26, 1993 , a complaint from Steven Bain was received in the Health Office regarding 78 East Water Street. Mrs. Starr stated that she received a memo on January 29, 1993 from Mrs. Nelson at which time she called Mr. Crawley, the Police, and the Fire to get an update because apparently they entered the dwelling on January 28, 1993 . Mrs. Starr made an appointment to inspect at 1: 00 p.m. on Friday, January 29, 1993 . At that time, Mrs. Starr inspected the premises and filled out an inspection form. Mrs. Starr called the State to see what the proper procedure would be and was told that a hearing should take place notifying the occupant before any order to condemn or vacate. On Monday afternoon, Mrs. Starr placed a copy of the attached letter dated February 1, 1993 and the inspection report and posted on the door of the dwelling in order for Mr. Bain to take notice of the hearing date and time. ENCLOSE LETTER IN MINUTES Mr. Osgood stated that his understanding is that Mr. Bain is now in the hospital, is that correct he asked? The Fire Chief, Bill Dolan was present and stated that Mr. Bain was taken to the hospital last night and released. Chief Dolan stated that Mr. Bain was very cooperative. Mrs. Starr stated that the Police report indicates that Mr. Bain has been living with someone on Essex Street in Lawrence. On the police report, Mr. Bain stated that he would be either at Hampton Inn, Quality Inn, or at Paul Day's house, 477 Essex Street, Lawrence, MA. Dr. Rizza turned the meeting over to Chief Dolan to explain what the Fire Department discovered upon entering the premises at Page 2 Minutes: February 4 , 1993 78 East Water Street. Chief Dolan stated that on January 27, 1993 , Lieutenant Long tried to obtain a court warrant to enter the house. Lt. Long and Mr. Crawley entered the building on January 28th and found conditions to be a considerable fire danger, not an imminent fire danger. The Fire Department' s only involvement now is to assist the health agent. Mr. Osgood stated that this is a health hazard and there is a lot of trash, refuse, portions of food, etc. Mr. Osgood stated that he agrees with Chief Dolan and that nobody should live there under these conditions and the Board should order the place to be cleaned up. The clean-up should be done by the Bain brothers and the condo association. Mr. Osgood stated that he does not know what the condo association's responsibility is except that he knows they have some. Mr. Crawley stated that Attorney Joe Tromblay handles the Brookside's affairs and he advised the condo association not to come forward to clean up. It is the sole responsibility of the owners to clean up. Mr. Crawley stated that Mr. Steven Bain has been trying to gain entrance to the condo to clean it up since December. Mr. Steven Bain sent certified letters, telephone contacts, etc. to his brother John to clean up the property but to no avail. Mr. Steven Bain filed the complaint with the health department. Mrs. Nelson said she spoke with him last Monday. Mr. Crawley stated that the place was not secure so they met with Attorney Caffrey and had the locks changed. Mr. Crawley stated that they believe John Bain had not been in residence at that time because nobody had seen him around for 6-7 weeks. Steve Bain called Mr. Crawley and stated that his brother will not respond and he wanted to clean up. Steve Bain drove up from Florida and was planning on cleaning the premise. Steve Bain asked Mr. Crawley to pick up the keys from Attorney Caffrey and make sure there was electricity on so he could clean up. Mr. Crawley stated there was a mix up with keys and they had to call the locksmith. At this point, Mr. Crawley recommended that Steve Bain go to the Board of Health. Mr. Osgood stated that the Board has to order that this place be cleaned up. Dr. Rizza stated that he feels bad for the individual. Dr. Rizza assumed that he was hospitalized and seeking adequate medical care. Mr. Osgood stated that this unit is a potential danger to others. Dr. Rizza stated that he would like to see Mr. John Bain treated medically, psychologically and even socially. Mr. Osgood stated Page 3 Minutes: February 4 , 1993 that the police are not trying to punish him but are trying to get him some help. Chief Dolan confirmed that the police department took him to the hospital to get some counseling and he did speak with a psychiatrist but he stated that you can not keep someone if they do not want to stay. Mr. Osgood suggested that Mrs. Starr contact Town Counsel to ensure that this is according to the law. Dr. Rizza asked Mr. Osgood if this order bars anyone from entering the premises? Mr.Osgood stated that this order bars anyone from living there until it is cleaned up and Mrs. Starr concurred with Mr. Osgood. Mr. Crawley stated that his responsibility is to have the premises cleaned up and safe. He also stated that if John Bain moves back in there will be a reoccurrence of this situation. Mr. Crawley stated that what is needed is an order from the Board of Health to vacate the unit until it is cleaned. Mr. Crawley stated that John Bain has a very long history of mental problems. On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to issue an order to vacant the unit at 78 East Water Street, to order the unit be cleaned within ten (10) days from receipt of this letter, and to ensure that the unit is not occupied until a re-inspection is perform by the Board of Health and determines the unit fit for human habitation. In addition, copy all orders and/or letters to Steve & John Bain, Attorneys, Brookside Condo Association, Court Appointed Commissioner, Fire Chief, and Police Chief. Mr. Osgood stated that the order needs to be posted on the door at 78 East Water Street. Chief Dolan recommended that when the Board of Health inspects the premises, the Fire Department wants to be involved - to have a joint inspection. Mrs. Starr agreed. On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to adjourn at 6:30 pm. Gayton Osgood, Clerk