HomeMy WebLinkAbout2005-11-21-BOH-min
Lexington Board of Health November 21, 2005 Meeting Minutes
Lexington Town Office Building, Room G-15, 1625 Massachusetts Avenue,
Lexington, MA 02420
Attendees:
Board of Health: Wendy Heiger-Bernays, Chair; Sharon MacKenzie, Burt Perlmutter,
Deborah Thompson
Health Department: Derek Fullerton, Kathy Fox, Ann Belliveau
Heiger-Bernays called the meeting to order at 7:05 PM. There was no public participation.
Heiger-Bernays asked the board to review the minutes of October 19, 2005. Perlmutter
motioned to accept the minutes as amended. MacKenzie seconded. All approved.
The Board reviewed the datasheets for October.
Heiger-Bernays opened the Tobacco Violation Hearing. Jenn Ueland of the Tobacco Program
was present. Ueland informed the Board that two establishments were caught selling to minors
on November 2, 2005. It was a second offense for the Mobil Mart of 396 Waltham Street.
Diane Hooper was the attendant at the time and represented herself at the meeting. Ms. Hooper
informed the Board that at the time of the sale, the establishment was extremely busy and she
was also concerned for the safety of the young woman purchasing the cigarettes. Perlmutter
expressed his concern about selling to minors. The Board upheld the violation.
Heiger-Bernays opened the restaurant violations hearing. The restaurant violations took place
during the Keyspan gas outage. When the outage occurred on Wednesday, Fullerton informed
the food establishments that when hot water ran out, food preparation could not be done. On
Thursday, Kathy Fox found Via Lago loading a catering order. They said it was prepared the
day before. On Saturday, Kathy found Via Lago catering a wedding. The gas stove was
working but there was no hot water. Mr. Alan Jick, owner of Via Lago appeared before the
Board. He informed them that they were catering a wedding and most of the food preparation
had already been done. They were using other means of sanitizing. MacKenzie asked Mr. Jick
if the food had been prepared as professional and sanitary as possible. MacKenzie motioned that
the fine be overturned. Perlmutter seconded. All approved. Heiger-Bernays stated that since
Fox witnessed the food preparation without hot water, she could not ignore the violation.
Heiger-Bernays indicated that for any future emergencies, the Health Department should provide
the order to close in writing so there are no questions.
Mr. Ong, owner of Yangtze River, appeared before the Board because of the violation issued by
Kathy Fox. Again, Fullerton had informed all food establishments that once the hot water ran
out they could not do any food preparation until hot water is restored. Keyspan told Mr. Ong the
gas would be on Saturday. Fox had been at this establishment on Thursday and found employees
doing food preparation. She informed them to put the raw chicken away and cease with the food
prep. A violation notice was issued. Perlmutter motioned to uphold the violation. MacKenzie
seconded. All approved.
Fullerton informed the Board that he received a call from the Department of Public Health. They
will be doing air quality testing at the Estabrook School. The School Facilities Manager will be
present at the school when the testing is conducted on December 2, 2005 at 10:00 a.m. The roof
was just repaired at the school.
Perlmutter began a discussion concerning the second Ready Mix Plant meeting at the Burlington
Planning Board. The cement operations are planned to be very well contained in the proposed
three-walled parking area structure. They will bring the operations away from the pond.
Perlmutter advised that the Burlington Planning Board is expected to vote in December.
Fullerton informed the Board of the pilot program testing for bacteria source sampling at
Vinebrook by DEP. High fecal counts had been found at the end of the culvert.
Fullerton advised the Board of the approval of the Battle Green Condominium project by Town
Meeting.
Perlmutter motioned to remove the TB requirement from the massage therapist regulations.
MacKenzie seconded. All approved.
Fullerton informed the Board of the receipt of three applications for the Public Health Nurse
position. He mentioned the Board members should go to the Town Manager’s Office to review
these applications.
Fullerton told the Board of the FY07 budget presentation on December 2, 2005 between 8:00
a.m. and 10:00 a.m. The Board asked Fullerton to find out what time Health will be presented
and if they can speak at the presentation.
Fullerton advised the Board of the Senior Flu Clinic held on November 17, 2005. 400 vaccines
were given and he would like to have another clinic in December and open it up to the general
public. The Board agreed with his recommendation.
Fullerton began a discussion concerning the Keyspan gas outage. Fullerton felt it was a very
dynamic incident and that the Town worked collaboratively in responding to the emergency
situation. He worked with the Senior Center from day one to help with special needs individuals.
Fullerton was then able to confirm with these individuals to see if Keyspan was doing what they
had indicated in relation to residents needs. Heiger-Bernays asked Fullerton to write up a
timeline of the events to see what was done and what was learned from this event.
Fullerton informed the Board of Fox’s upcoming inspections in December of all indoor pools
which will include bacterial testing. Heiger-Bernays recommended contacting these facilities to
let them know we will be doing bacteria testing.
MacKenzie motioned to adjourn. Thompson seconded. All approved.