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HomeMy WebLinkAbout2022-11-15-BOH-min 1 LEXINGTON BOARD OF HEALTH MEETING MINUTES Tuesday, November 15, 2022 6:30 pm Conducted by Remote Participation Approved 12/20/22 Board of Health Members in Attendance: Wendy Heiger-Bernays Chair, PhD, Burt Perlmutter, M.D., Jillian Tung, M.D., M.P.H., David Geller, M.D. (attend at 6:48pm), Susan Wolf-Fordham, J.D. MPA. (attend at 6:36pm). Board of Health Member Absent: Select Board (Liaison): Mark Sandeen Office of Public Health Attendees: Joanne Belanger, RN, Public Health Director, Alicia McCartin, Assistant Health Director, Siqing Pan, Department Assistant Office of Public Health Attendees Absent: Jessica Shah, Health Agent, Kelliann Coleman, Public Health Nurse Documents: Draft BOH meeting minutes 10-18-2022 5 April Lane Drainage issue 5 April Lane Drainage issue report Tobacco Control Report Lexington Covid data (9/8/2022-11/10/2022) Environmental Health Report – Jessica Shah Environmental Health Report – Alicia McCartin Meeting Called to Order: Board of Health meeting of November 15, 2022 was called to order by Dr. Heiger-Bernays at 6:30 pm. Minutes Approval Dr. Perlmutter made a motion to accept the minutes on October 18th, 2022 as amended. Dr. Heiger-Bernays seconded. Roll Call Vote: Dr. Tung – Yes, Dr. Perlmutter – Yes, Dr. Heiger- Bernays – Yes. Motion carried 3 to 0. All in favor. Unanimously moved. Open Forum (2 minutes per person, state your name and address) None Food Establishment – Update: Food Consultant recommendation Arka Restaurant – 135 Massachusetts Ave Ms. Belanger stated this restaurant is still closed and the owner has not yet responded for the food consultant recommendation. The restaurant is required to submit an update of the menu and floor plan. They also have to update the exhaust hoods due to the fire in the establishment. 2 Prasad Bobba, the owner of Arka Restaurant, stated there is no need to hire a food consultant without the construction permit approved and construction started. Ms. Belanger explained that part of reason to hire a food consultant was to get through the permitting process. The owner has not submitted the required documentation, and the food consultant can help with the food plan review and get the proper equipment in place. Mr. Bobba stated there is no purpose of hiring a food consultant, as there are no employees since they are closed. The contractor and architect are in place. Ms. McCartin stated the food consultant can help with floor plan review, certain parts of food code, and eventually train staff which will help the restaurant to be in compliance to be reopened. Mr. Bobba stated he will hire a food consultant. Dr. Heiger-Bernays suggested the health department to provide a food consultant list since Mr. Bobba stated he does not have a list of consultants. Ms. McCartin will supply list to Mr. Bobba. Food Establishment – Update: Non-compliance - Repeated violations for expired food Alexandria’s Convenience Store – 335 Woburn St Richard Mucci, attorney, representing the owner attended the meeting. Ms. Belanger explained the repeated violations for expired food and the reasoning behind the recommendation to hire a food consultant. Ms. Belanger also stated in this case, as the establishment continues to be open, it is required training for the staff to understand the food code and how to stay in compliance with the food code. Mr. Mucci stated the owner has attempted to hire a food consultant, and is trying to secure a contract. The owner has purchased computers and Clover system an automated system to catalog all food inventory and that the inventory was uploaded or nearly all uploaded. He stated the owner understands these violations, and takes this matter seriously. Mr. Mucci also stated that the owner was getting guidance from Eric Newton, who is associated with D’Agostino’s. Dr. Perlmutter stated it was upsetting at the last meeting when it was learned the number of visits that the inspectors made regarding to outdated foods. He is happy to hear that Clover system has been put in place. Ms. Belanger pointed out that the food consultant is not just to make sure that they take expired ready-to-eat food off the shelves. The food consultant can also help with the food preparation area, what equipment needs are, and work with building and fire department to get the business running. Dr. Heiger-Bernays stated there needs to be a contract with food consultant, and a contract needs to be confirmed. These violations will be no longer acceptable. There should be an inspection scheduled before next meeting. Dr. Perlmutter asked if there is a desire to resume the food preparation portion of the business and that cannot be started without a food consultant. He would like to see an inspection done before next meeting. 3 Mr. Mucci stated they will hire a food consultant. The owner understands they cannot use the food preparation area until the food consultant hired and their food plan review needs to be approved by the Health Department. A re-inspection will be welcomed by the owner before next meeting. Amrik Pabla, the owner of Alexandria’s Convenience Store, stated some brands products, like Hostess products, do not have expiration dates. He inquired about how to proceed with that food without expiration dates. Dr. Heiger-Bernays stated the food consultant will assist to resolve this issue. Request for hearing – 5 April Lane, Apt 11 Section 410.850 (B) of MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION (STATE SANITARY CODE, CHAPTER II). Ashley McKenna, the owner of 5 April Lane, Apt 11, explained the history of Plumbing issue of her property and requested the Board of Health to order the Minuteman Condo Association to correct this issue. Ms. Mckenna presented a PowerPoint presentation for the Board. (attached) Annie Lee, the attorney of Town Counsel, provided some legal guidance on procedures of this issue. Dawn McKenna, the mother of Ashley McKenna, provided information and re-emphasized the Condominium Association is responsible for plumbing issue in common area. Ms. Belanger stated according to the CMR 410, Ms. McKenna is the owner of the dwelling, and she has responsibility under the code. It was understood that an inspection was not done, even though it was offered. Dr. Heiger-Bernays stated it is correctly pointed out that a Board of Health can do an inspection, can determine if there is a violation of the sanitary code, and the responsibility is to make sure that the unit is habitable. It is aware that Ms. McKenna, as the owner of the dwelling that if a violation found, is responsible for correcting it. Dr. Perlmutter stated this issue is out of Board of Health’s jurisdiction. Dr. Tung also stated she would defer it to Town counsel. She agreed that this issue is out of Board of Health’s jurisdiction. Ms. Wolf-Fordham stated all we can do is follow the sanitation requirements. She also agreed to defer it to Town counsel. Ms. Lee advised the Board that this is not within the Board’s jurisdiction. The condo documents are fundamentally a contract between two private properties - the condo association and the unit owner. The Board of Health can order an inspection to determine if there's a violation. The Board of Health can't determine where the problem is, and who is legally responsible for it. It's really a matter for the courts, and it is a question about liability, who is financially and legally responsible 4 for remediating the issues going on at Ms. McKenna’s apartment. That's a question that needs to be brought before the court between Ms. Mckenna and the Condo Association. Dr. Heiger-Bernays stated given this situation, the Board would move to instruct the Health Department staff to conduct the inspection, if Ms. McKenna requests, at the dwelling of 5 April Lane Unit 11, and determine if there is a violation of 105 CMR410. Ms. Lee agreed this is an option for the Board of Health tonight. Ms. McKenna requested an inspection. Dr. Heiger-Bernays made a motion to approve that the Director of Public Health instruct the Health Department staff to conduct an inspection of the dwelling at 5 April Lane, apartment 11 and determine if there is a violation of 105 CMR410. Ms. Wolf-Fordham seconded. Roll Call Vote: Dr. Perlmutter – Yes, Dr. Tung – Yes, Dr. Geller – Yes, Ms. Wolf- Fordham – Yes, Dr. Heiger-Bernays – Yes. Motion carried 5 to 0. All in favor. Unanimously moved. Ms. McCartin inquired whether the full inspection of CMR410 means an entire Article II housing code inspection? Ms. Lee stated, given that Ms. McKenna said this is a plumbing problem that she sees, in order to answer the question whether or not there is a sanitary code violation relating to the suds with the toilet and her bathroom, the inspection should be limited to plumbing issues. Ms. McKenna stated her request would be both the plumbing code as well as the element of the chronic dampness and would like to see that captured in the inspection. Ms. Lee inquired about whether the issue of dampness is limited to the patio or is that the dampness that discovered in 2021, which Health Department staff were drawn into, was primarily at the property of 5 April Lane, Unit 11. Ms. McKenna stated her understanding is there should be a comprehensive inspection done. Ms. Lee suggested Ms. McKenna should request an inspection from Health Department separately, outside of this motion, for the Board to instruct the Health Department. Ms. McKenna stated she inquired about a comprehensive inspection. Dr. Heiger-Bernays stated the patio, which is uninhabitable area, is out of jurisdiction. If the request is for a comprehensive inspection of the inhabitable area, the Board will discuss this issue restricted to the plumbing, or a comprehensive inspection. Dr. Perlmutter stated the inspection could be regarding the facts of the problems of plumbing and determining whether they are being a problem and the other issue can be addressed separately at a future date since we are discussing the major issue of being habitable space. Dr. Tung stated it would be difficult to address the question of dampness on the patio, which is not a habitable area. Dr. Heiger-Bernays stated the Board has agreed that there needs to be an inspection. A comprehensive inspection would either identify this potential code violation, or could identify other things for which owner is now responsible. So what it will do is open up the potential for Ms. McKenna to be responsible for correcting other things as well. 5 Dr. Heiger-Bernays stated she was struggling with trying to parse this out, being on the one hand respectful of both parties, and respectful of the fact that there's a potential plumbing issue that needs to be part of the owners’ responsibility, needs to be inspected, and the potential of opening it up for additional violations. Ms. Wolf-Fordham stated her inclination is to have the inspection of the habitable areas. But she inquired about is there a definition of comprehensive inspection. Dr. Geller stated he leans towards a comprehensive inspection. He was wondering if whatever is causing this inside the home could also be considered a health hazard and nuisance outside. Ms. Lee stated the sanitary code does not define what a comprehensive inspection is. This question deferred to Ms. Belanger, if there is a standard for what a comprehensive inspection is. Ms. Belanger stated a comprehensive inspection means going through the whole code for that particular unit, if it is a safety issue, under the responsibility of the owner, according to CMR410. Ms. Wolf-Fordham inquired does the comprehensive inspection include or exclude the patio area because the patio area is uninhabitable area. Ms. Belanger stated if it is a safety issue, it will trigger a health inspection related to CMR410, citing the owner as defined. The owner will receive a certified notification letter if there are any violations at a property based on CMR410. Ms. Lee stated in a condominium, if there is a comprehensive inspection conducted in a dwelling unit, not the common areas, any violations that are noticed in the dwelling unit will belong to the unit owner. Ms. McKenna agreed to have an inspection limited to plumbing issues. Dr. Perlmutter made a motion to request the Health Department to conduct a health inspection related to those issues surrounding the plumbing problems that were presented during this meeting. Dr. Tung seconded. Roll Call Vote: Dr. Geller – Yes, Ms. Wolf-Fordham – Yes, Dr. Perlmutter – Yes, Dr. Tung – Yes, Dr. Heiger-Bernays – Yes. Motion carried 5 to 0. All in favor. Unanimously moved. Tobacco Control Update The Tobacco Control Report was reviewed. Dr. Heiger-Bernays stated she was interested in the latest study going with tobacco control, that the vaping numbers are going up. She stated the vaping addiction is frightening. Flu and COVID 19 Update The Lexington COVID data from the Health Department Dashboard was provided to the Board. Ms. Belanger stated the state also has a flu dashboard started a few weeks ago, which will be included. Mr. Sandeen inquired about provided COVID booster information, since there are a couple of different kinds of boosters. Ms. Belanger stated it is bivalent COVID booster which is available. Mr. Sandeen stated based on vaccination data, Lexington had a higher vaccination and booster uptake compared to other areas. Ms. Belanger also stated there is unavailable of school vaccination data. 6 Health Staff Reports Ms. Belanger provided environmental health reports from Ms. McCartin and Ms. Shah. Ms. McCartin introduced she was applying for the second round of FDA Voluntary Retail Standards Grant. She also worked with IT Department for WinWam system. Dr. Heiger-Bernays inquired about the objective of the grant. Ms. McCartin stated an objective of this current grant cycle is we can take a better look at what we're seeing on inspections for risk-based inspections when we are using WinWam. The second objective is mentorship. For example, Ms. McCartin can work with another health department staff or another person going through the FDA Retail Standards program. And another potential objective is offering ServSafe or other kinds of classes. There was a ServSafe class held in October, 2022, and people requested additional classes. Ms. Belanger discussed her attendance on MHOA conference at the end of October, 2022. She stated she has completed the Medical Reserve Corps (MRC) application, which has been accepted. And she had an interview of this application with the Federal Office on Monday (11/14/2022). Ms. Belanger also discussed the Public Health Excellence Grant Program and stated she has completed phase I survey for it. She then provided information of Opioid Settlement funds of Lexington. Adjournment Dr. Perlmutter made a motion to adjourn at 8:38pm. Dr. Heiger-Bernays seconded. Motion carried 5 to 0. All in favor.