Minutes
Board of Health · from the Town's website · 21 pages · 1.5 MB
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Winthrop Board of Health Meeting Tuesday, April 11, 2023, @6:30 pm Harvey Hearing Room Call to order: 6:35 pm. Roll call: Bill Schmidt, Chair; Jeanne Holgersen, Vice - Chair; Marianne Dalton, Member. Review of minutes — March 16, 2023 : reviewed and approved unanimously 3 - 0. Public comment: Vasili Mallios asks that the Board consider amending the keeping of animals regulation to allow front - yard chicken keeping. Kurt Millar reports that histoplasmosis is not a significant health risk if owners keep t heir chickens clean, and that the health risk for histoplasmosis is similar to that found in landscaping. He also wants the setbacks for chicken coops reduced from 10 feet to 5 feet or less. Jerry Ogus and Dennis Locola from Seal Harbor 3 ask about lifegu arding regulations for swimming pools. Bill states that this will be discussed as an agenda item later in the meeting. Peg Lyons, Executive Director Of Winthrop Housing Authority asks to have an email she sent to the Board read into the record. Bill sta tes that this will be discussed at the public hearing later in the meeting. Public hearing — Golden Drive unit: Opened 6:42 pm Bill reads the following email from Peg Lyons, Executive Director of Winthrop Housing Authority into the record: • To:Sharon Sicurella;lawfsg.dave@winthropesq.com • Cc:Bill Schmidt;Jeanne Holgerson;Marianne Dalton Thu 3/30/2023 1:01 PM Dear Sharon and BOH Board WHA hereby requests a hearing before the BOH to address Notice of Sanitary Code Violations caused by a Tenant. Until such hearing, any further action must be stayed; WHA has made extraordinary efforts to compel correction of lease and code violations. WHA has been denied access to unit 16 - 2 Golden Dr by tenant to take action on Violation notice. WHA reques ts the opportunity to also address the BOH with its concerns at Ms. Matarazzo's appeal hearing. WHA had requested presence of Town inspector(s) for inspection (3 rd party) of WHA Tenant Matarazzo's apartment. We had commenced termination of tenancy summary process in 2020 due to multiple lease violations, including hoarding conditions. COVID - 19 pandemic stayed all enforcement actions. We have for years provided mutual aide in addressing problems. WHA accepted this formerly homeless applica nt at the urging and reference of the Town in 2007. The Town and WHA had combined resources to help stabilize her. Winthrop Housing Authority has been denied access to Tenant's unit by Tenant. WHA subsequentially sued tenant in Boston Municipal Court in order to access the apartment to clear all code violations. The matter was heard by EBDC Judge J MacDonald on 3/22/2023 and 3/29/2023. Matarazzo testified along with an individual Kay Jewels who represented to us and Judge MacDonald that she was a t rained specialist retained by the Director of BOH to work with Matarazzo. The Judge believed her and a reinspection was delayed until Friday April 14, 2023. The Court will act on our Motion to enter the unit on April 19, 2023. At that time,, under Const able/Sheriff supervision, the apartment shall be cleaned and restored to code compliancy. Kindly confirm that we shall be on the BOH agenda. Thank you Peg Bill the n reads into the record a letter to the Winthrop Housing Authority from Al Legee, Commissioner of Inspectional Services: Bill then reads into the record a lett er to the Board of Health from Marie Matarazzo: Bill asks Peg Lyons, Executive Director of Winthrop Housing Authority and Al Legee, Commissioner of Inspectional Services to speak on the matter. Bill states that the Board has reviewed photos of the apartment interior in question from Sharon Sicurella on 3/15/23. Peg states that the above photos were taken by the housing authority. She states the last inspection at 16 - 2 Golden Drive took place December 2019, and then inspections were paused due to Covid 19 restrictions. She states when May 2022 inspections resumed, worse conditions than those seen in 2019 at 16 - 2 Golden Drive were noted. Peg reports there have been 4 inspections since May 2022 and no improvement has been noted. Peg states the WHA supports the code violations found by Commissioner Legee. She states that the WHA is not able to gain access to the te nant’s premises due to landlord - tenant law, and therefore has been unable to rectify any violations. She states that a motion was filed in court to gain access, instead of terminating tenancy, to allow Ms Matarazzo the ability to avoid homelessness. This w ould accomplish the goal of protecting the health and safety of not only the tenant but of all who occupy the building as well, according to Peg. Peg states that she comes to the Board tonight to ask that the Board of Health deny the request to stay any a ction on Commissioner Legee’s violation notice, so the court will be able to deal with this issue. The re - inspection date has been extended by the judge to April 14, at which time Al Legee will revisit the premises to determine if progress is being made on rectifying the code violations. Peg states that WHA is scheduled to appear before the judge next Wednesday with motions depending upon what progress has been made in resolving the code violations. Peg refers to an email sent to the Board shortly before th e meeting time tonight, provided here for reference: Peg Tiernan Lyons <peg.lyons@winthrophousing.net> • To:Bill Schmidt;Al Legee Cc:Wm.Scott Wiley +2 others Tue 4/11/2023 4:15 PM Affidavit Lyons re Matarazzo.pdf 80 KB Dear All, Please accept the following, including attached statement in response to M Matarazzo's appeal of notice of code violations. Winthrop Housing Authority (WHA) supports the March 15, 2023 notice from Winthrop Board of Health regarding serious Sanitary Code Violations in unit 16 - 2 Golden Drive served to tenant Marie Matarazzo. We ask that BOH deny tenant's request to stay any further action on Notice of Violations. Matarazzo has refused help and has denied reasonable access to owner WHA, who is precluded from entering the lease d premises to remedy code violations. WHA has sought relief in Boston Municipal Court consistent with the attached Affidavit, in order to gain entry to unit 16 - 2. Judge MacDonald, East Boston Division, has agreed to a reinspection date of April 14, 2023, and shall hear motions from WHA the week ending April 21, 2023. Further attempts to delay from Matarazzo is deemed dangerous to life and health of tenant and others lawfully on the premises. Sincerely, Peg Lyons COMMONWEALTH OF MASSACHUSETTS 16-2 Golden Drive THE TRIAL COURT SUFFOLK, ss BOSTON MUNICIPAL COURT EAST BOSTON DIVISION WINTHROP HOUSING AUTHORITY —_) Plaintiff ) ) i ) ) MARIE MATARAZZO ) ) ) AFFIDAVIT OF MARGARET TIERNAN LYONS . My name is Margaret Tiernan Lyons. I am an adult resident of Suffolk County, Massachusetts. . lam employed as the Executive Director of the Winthrop Housing Authority (WHA). As such, I am familiar with the operations, books and records of the WHA. . Winthrop Board of Health has ordered that Code Violations in a Senior Housing residential apartment, caused by a tenant identified on attached Notice dated March 15, 2023, as dangerous to life and health be remedied by Tenant or WHA without delay to prevent immediate harm to elderly/disabled residents on the premises. . Due to conditions identified herein, WHA seeks relief from the court so as to enter the leased premises located at 16-2 Golden Drive, Winthrop MA to perform work and to properly clear clutter and egresses, remove trash and debris in accordance with laws and requirements. . WHA has reason to believe that Tenant shall not take necessary action in a competent and timely manner and wishes to render the property and residents safe. . Work performed and so authorized shall be under the supervision of a Constable in satisfaction of applicable law. Signed under the pains of perjury on this 20" day of March 2023 = a \ \ougEe ~ Veo Margaret Tieinan byons ——_) Executive Director of the Winthrop Housing Authority Bill summarizes the above for those present who did not have access to the email, as well as the attached affidavit. Al Legee, Commissioner of Inspectional Services speaks on the matter: Al reviews the health code violations that were observed at 16 - 2 Golden Drive. He provides his credentials, state certified building inspector, ICC - certified, working under the State and the Town Manager’s office. Al states that he is authorized under the state building code to have the tenant removed within 24 hou rs; the fire load from the debris concentrated in the apartment not only endangers the tenant and occupants of surrounding apartments, but also first responders who would need to rescue anyone from a fire should it occur. Al would like to take the course t hat WHA has taken and allow the courts to become involved. However, he asserts that if no progress is seen, he has the authority to condemn the building. If no improvement is noted this Friday 4/14/23 since last inspection (3/15/23) he will be mandated to have the premises vacated within 24 hours, as he states the situation is dangerous and requires immediate action. Peg Lyons adds the comment that the apartment building Ms Mattarazzo occupies is 2 buildings over from the Gorman Fort Banks school. Al states he has informed the state building inspector of the issue as well. Marie Matarazzo is recognized and speaks on the issue. She provides brief history: how she became homeless in 2007, until 2009 when WHA provided housing for her. She characterizes her tim e at WHA as “unhappy”, and states that acquiring books, papers and “things” was a way she saw of overcoming that unhappiness. She reports having become involved with the community in Winthrop to continue a legacy she said started with her parents and broth er. She disagrees that her stuff is “trash”. She claims that in 14 years at WHA, only 2 people were ever sent to her home to help her with the clutter/debris. In 2019 she reports receiving a letter similar to the one recently received claiming that her ap artment is a danger to herself and the surrounding apartments (Bill adds that the letter has been read into the minutes and it is not necessary to re - read it). Marie further states she has “never” caused any problems in her apartment in 14 years, stating t hat she would never want any of her belongings to catch fire, “I am extremely careful”. Marie states that in 2019 Sharon Sicurella, Clerk/Health Inspector and Meredith Hurley, Director of Public Health and Clinical Services “decided I was worth getting h elp for”. She states that they contacted Kay Jewel, who stated she would attempt to help Marie. This help was delayed by both COVID - 19 and a foot injury incapacitating Ms Jewel. Marie states that she was not contacted by the Board of Health during the pand emic, stating that “everyone walked away”. The inspection that was conducted at her home in May 2022 by WHA disturbed her and she states she contacted an attorney, Nicole Bluefort. Marie reads a letter Ms Bluefort sent on her behalf to WHA, stating that Ma rie felt “mistreated”, experiencing “invasion of privacy”, “[denial] of access to relative reports” and as a result she was “suffering serious health consequences”. The letter further states that Marie acknowledges the issue within her apartment, she has “ dedicated herself to clearing all walkways and egresses”. Despite “negative comments from your employees, Marie has made real progress with respect to keeping her apartment safe”. The letter states that Marie is “protected under numerous federal and state laws, including laws [concerning] fair housing, and protect the life of the disabled.” The letter concludes asking WHA to “please advise your staff to help Marie move forward in a productive manner, rather than the current attitude of the Winthrop Housing Authority and its employees.” Marie states another letter was sent to WHA in 2020, by another attorney she hired, a “cease and desist” order, due to distress she states was caused by the situation. Marie states that she has a disability, that prevents her from seeing the code violations. She states that hoarding is a disability under the Fair Housing Act, and the Americans with Disabilities Act. Bill asks Marie about her assessment of the current situation in her apartment. Marie states that the situation is improving. Bill states that the photographs taken by WHA were taken less than a month ago. Marie states that a 6X6 area has been cleared in her apartment, with the assistance of Kay Jewel. Marie states that she was prepared for the injunction filed by W HA. Marie states that she had no difficulty understanding when Sharon Sicurella told her “declutter” and when Al Legee told her “I want you to clear this place out, it’s got too much stuff”. Kay Jewel then speaks on the matter, introducing herself as the head of a very small non - profit for people with hoarding disorder. She lists her qualifications as the child, sister, and niece of hoarders while she was growing up, and that she also has a history of OCD herself. She states she has a BA in advanced studie s, and states she has given talks to doctors internationally. She states that she has studied hoarding extensively and how it relates to cognition. Kay states that despite Marie’s willingness to begin the process of decluttering, Kay was unable to physica lly assist due to numerous health issues. She states that she wrote letters to Meredith Hurley, Director of Public Health and Clinical Services expressing her concern about Marie’s well - being and social isolation during COVID. Kay states that she thought s he understood that an offer to hire her came from Meredith’s office, but that she has been tireless in helping Marie regardless of whether she had been officially hired or not. Kay states that her vice president is a neuropsychologist. Kay states that it is her (Kay’s) official assessment that Marie has a hoarding disorder. Kay details the method that she has been using for the past few weeks to help Marie start to organizing her clutter. She states that real progress has been made. Kay states that she nee ds more time to help Marie. Bill asks Kay what she would propose the Board does. Kay asks if she can have another 2 weeks to help Marie. David Stasio, attorney for WHA, is recognized. He states that the issue is Marie’s health issues vs. public safety. He states this is why the injunction was requested. He states that if no progress is seen at the re - inspection on 4/14/23, then he will return to court on 4/19 asking that the injunction be enforced. Bill clarifies that the Board has only learned o f this issue on 3/15/23, when the photos of conditions in 16 - 2 Golden Drive were emailed to the Board. Bill states that options include for the Board to do nothing and allow the process to proceed accordingly. Another option is for the board to allow time until the end of April for Kay to assist Marie in cleaning out. Kay states that she would need 20 - 25 days to have Marie sort her belongings from trash. She also states that she would never force a client to endure distress in order to accomplish the goal o f a total cleanout. Kay shows the Board more recent photos than 3/15/23, stating that progress has been made in decluttering. Peg Lyons shows photos of a collection of dead mice, which the exterminator states that are originating from Marie’s apartment. M arianne Dalton, Member states that the issue is determining the balance between Ms Matarazzo’s disability and the rights of the surrounding occupants to live free of the danger of an apartment containing an abundance of fire loading. Jeanne Holgersen, Vic e - Chair asks Marie if she is currently receiving treatment for her hoarding disorder. Marie states that moving will likely resolve her mental health issues. Jeanne replies that mental health issues are not resolved without intensive therapy and possibly me dication. Bill reviews the issue remains the timeframe in which Marie can sort through her possessions and possibly find another place to live. First option is April 14 and the re - inspection, allowing the court action. Second option is allowing 2 weeks, a s described above. Third option is allowing 6 weeks to completely clean everything. Jeanne asks if a storage facility is available, Kay states that she is transferring items to and organizing the storage facility. Kay states that she can remedy the code violations in 6 weeks. Bill states that the board does not have authority to override either Building Inspector or WHA decisions. Al Legee states that if the re - inspection on 4/14/23 shows no improvement, he will then use his authority under the building code to condemn the apartment, and order resolution within 24 hours. Peg Lyons states that the WHA is responsible for the safety of all occupants, and states that the WHA has offered multiple solutions, such as providing a storage container to put Marie’s things in while they clear out the refuse and trash. Attorney Stasio states that the Board needs to refrain from issuing any order that would contradict the court order, the Building Inspector and the Winthrop Housing Authority. Bill states that the Boar d can make recommendations in this case, but nothing that would be binding. The matter will remain on the agenda for an update next month, with the understanding that Inspectional Services and WHA both have authority to take whatever action they deem neces sary. Hearing closed 8:15 pm. Past business: 76 Sunnyside Avenue — Status: Al states no progress has been made, ticketing process will resume soon, and the town attorney will address the issue with the owner’s attorney. Al reports an issue with a massa ge parlor in Winthrop, multiple code violations, business was shut down, and vacated by the tenant. Mass DEP New Waste Disposal bans — textiles, etc. No updates. Board of Health town website: no updates Board of Health workplan for FY2024 : no updates Commissioner of Inspectional Services update: Pest management: Al states that pest management is being discussed with Town Manager. Basement repairs in apartment: Al states that the issue of after - hours repairs in an apartment basement has bee n resolved. 208 Lincoln Street: 208 Lincoln Street was written up for health code violations concerning rodents. Winthrop Farmers Market: Sarah Roth - Oosten and Vanessa Flavin appear asking what they need to do to serve food there. Al states that they s hould call Sharon and ask about specifics, but that the permitting process will not be onerous. Dumpster regulation: Al has reviewed the dumpster regulation, agrees with it. Grease trap regulation: Al will be in touch with the board about this. COVID - 19 — Town of Winthrop, Board of Health, vaccinations, tests, etc: Meredith Hurley, Director of Public Health and Clinical Services is unable to be present for tonight’s meeting, and has submitted the following email update, read into the record by Mari anne: To: Winthrop Board of Health From: Meredith Hurley, RN, MPH Date: April 11, 2023 Re: WDPH&CS Updates COVID19/Influenza Activity • Activity has significantly decreased • MA State of Emergency will expire May 11, 2023 Vaccinations • Vaccine demand h as significantly decreased • Will be ordering additional vaccine towards end of summer as we await possible new formulary. C.L.E.A.R. Program • Hosting a weekly Drop - in session on Wednesdays from 6p - 8p for people seeking a safe space for substance use supports • Meet monthly with health departments in Michigan and Alabama to mentor them in building an overdose prevention programs • Awarded a $200K g rant from the CDC and the American Public Health Association for a Data Science Demonstration project. This will allow us to automate data collection across multiple agencies as it relates to substance use, domestic violence, and suicidality. Other • Held training March 30th geared towards youth mental health and local businesses who employ them • Winthrop Fire will be trained in Mental Health First Aid 4/20 & 4/21 • Hosting additional Mental Health First Aid trainings in the community • Chief Delehanty, mysel f and Lt. Gergerian will be presenting our community trauma response at the NACCHO Prep Conference in Atlanta in April • Conducted Stop the Bleed training at Ft Banks on 4/11/2023 • • Will be assisted Winthrop PD in active shooter training at Winthrop High 4 /12/2023 • Added a domestic violence case worker to our office 1 day per week and additionally available remote. MRC update: Jeanne Maggio, Coordinator of Medical Reserve Corp (MRC) not present this evening, but Bill reports that a Rabies Clinic will be h eld Saturday, April 29, 10 - 12 pm, at the middle school auditorium. Keeping of Animals regulation — implementation: Bill updates the board that 5 permits exist for chickens, one for honeybees. At the last meeting, there was a question of amending the regulation concerning keeping of chickens. Bill states that he believes the current regulation is appropriate and does not want to amend it. Marianne states that as the Board does not have expertise in chicken keeping, it relies upon other municipalities that have had regulations in place for years. She states she has researched the issue of backyard vs front - yard chicken keeping, and found 21 other municipalities across both Massachusetts and the US that prohibit front yard placement of chickens.. Bill ad ds that when he spoke with a former Board of Health member, they only approved “backyard chickens”. Jeanne clarifies that histoplasmosis is not a disease that falls under mandated reporting. Bill proposes the following variance for Layne Petrie’s permit, taken from the regulation for keeping of chickens from Somerville, and the Board votes unanimously 3 - 0 to add the following to Layne Petrie’s chicken keeping permit, renewal in April 2023: "The Board of Health grants a variance for Layne Petrie's permit th at she be allowed to keep the existing 12 hens at present. Furthermore, as any of the existing hens expire, they shall not be replaced until the total number of hens on the lot shall be 6 or less." The Board of Health votes unanimously 3 - 0 to add the foll owing to Vasili Mallios’ chicken keeping permit: "The Board of Health revokes the temporary variance granted to Vasili Mallios to keep chickens in his front yard, effective April 2023, when his current permit expires. If Mr Mallios seeks a new permit for t he keeping of chickens on the lot they shall not be located in the front yard. Specifically they can be located on the current side yard that abuts Somerset Avenue somewhere between the front corner of the house and the property line of 103 Somerset Avenue at least 10 feet from the side and rear property line." Swimming Pool regulation — implementation: Al states that inspectional services will be completing an affidavit and re - inspection will take place. Trash, recycling and solid waste disposal regulation: Bill states that Town Council approved an ordinance concerning trash and recycling, and Bill wi ll review the ordinance when available to ensure the Board’s regulation does not conflict with the Town’s ordinance. NSPHC Environmental work group meeting: Bill attended this, reports much was discussed, and he hopes that action will start to take place soon as a result of the discussions. Proposed agenda for May meeting: Jeanne will review the recent request for a spa opening, and it will be discussed at the next meeting. Adjournment: 8:39 pm, approved unanimously 3 - 0. Respectfully submitted, Maria nne Dalton, Member