HomeMy WebLinkAbout2014-11-19-BOH-min
MINUTES for:
BOARD OF HEALTH MEETING
Wednesday, November 19, 2014, 7:00 P.M.
Parker Room, Town Office Building
1625 Massachusetts Avenue, Lexington, MA
Board of Health Members in Attendance:
Wendy Heiger-Bernays, PhD, John J. Flynn, J.D., Burt Perlmutter, MD
Health Division Attendees:
Gerard F. Cody, Health Director, Linda Rainville, Clerk
1.) Minutes of October 15, 2014 accepted with corrections
2.) Community Health
a.) CHNA grant update - The BOH reviewed the report supplied by Mr. Neylon
b.) MAPC tobacco grant update
c.) Flu Clinic Schedule 2014 – Mr. Cody brought the BOH up to date on the Flu Clinic attendance and
the remaining scheduled dates.
d.) Community Health and Infectious Disease Report – The BOH reviewed the report from Mr. Neylon
3.) Environmental Health
a.) Food Inspection program
1.) Tracy Chang, Pagu residential kitchen
Upon a successful pre-operational inspection, the Lexington Board of Health grants an Annual Permit to
Pagu
Operate a Residential Kitchen to at 182 Grant Street.”
b.) State Sanitary Code Case Review
1.) 267 Waltham Street – variance - Charlene Rodgers from Human Services spoke with the
Board regarding the property owner. He is a client at Human Services and is living in a “safe house” at this
time.
“After discussing the details of the case and the variance requirements, the Lexington Board of Health
conditionally approves of the variance request, from the following code requirements for the second floor only
of 267 Waltham Street; 410.180 Potable Water, 410.190: Hot Water, 410.200: Heating Facilities Required,
410.350: Plumbing Connections, 410.150: Washbasins, Toilets, Tubs, and Showers continued.
The conditions are as follows;
1.Any variance granted by the board of health shall be in writing and shall not be in effect unless it is filed
by the owner in the registry of deeds for the county, or appropriate district thereof, in which the
dwelling is located.
2.The second floor of the property is not occupied and the rooms are not considered habitable.
3.Smoke Detectors and Carbon monoxide detectors are operating as required in 410.482: Smoke
Detectors and Carbon Monoxide Alarms (A) Owners shall provide, install, and maintain in operable
condition smoke detectors and carbon monoxide alarms in every dwelling that is required to be
equipped with smoke detectors and carbon monoxide alarms in accordance with any provision of the
Massachusetts General Laws and any applicable regulations of the State Board of Fire Prevention (527
CMR), State Board of Building Regulations and Standards (780 CMR), or the Board of Examiners of
Plumbers and Gas Fitters (248 CMR).
4.The property owner provides a plan, (sponge baths for example) to compensate for the lack of a tub or
shower as described in 410.150: Washbasins, Toilets, Tubs, and Showers.
5.The property owner understands that he is responsible for contacting 24 Trauma concerning the invoice
for the restoration of heat and water to the first floor of the dwelling unit”.
Summary
The upon meeting all conditions of the variance request, the Emergency Condemnation order dated
September 29, 2014 no longer exist and the dwelling may be reoccupied. The expected compliance date with
the variance requirements is not to exceed 14 days
2) 12268 Avalon at Lexington Ridge Drive – Mr. Cody reviewed the complaint regarding mold
and weather stripping. An OTC was mailed to Avalon.
c.) Medical Marijuana update
1.) Ethan Handwerker – Mr. Handwerker spoke about the meetings that have been conducted
almost every Tuesday with Mr. Cody and Ms. E. Kloss to draft medical marijuana regulations. Mr. Handwerker
expressed his disappointment at the direction that the regulation was heading. Mr. Cody was surprised to hear
Mr. Handwerker’s concerns about the progress that was being made. They have been meeting for one hour
weekly and this concern was never mentioned. These meetings included Ms. Kloss, Mr. Handwerker and Mr.
Cody. Ms. Heiger-Bernays recommended to Mr. Handwerker, that he go through the draft document and
highlight the areas he would like to see changed and show his rationale for the change. Once he had this done
he could come back to the BOH to present the documentation.
The Lexington Board of Health requires that Mr. Cody and any Health Division staff not meet or discuss
with Mr. Handwerker any matters related to the draft Lexington Medical Marijuana Regulations. Mr.
Handwerker may submit written suggested changes to the draft Lexington Medical Marijuana Regulations to
the Board of Health. The written suggested changes should have a clear justification as to why the change is
necessary. Upon review of the written suggested changes, the Board of Health will provide guidance to Mr.
Cody in this matter. Dr. Perlmutter motioned, J. Flynn seconded
d.) Tobacco Regulation update – DJ Wilson, MMA Tobacco Coordinator reviewed the draft of the
proposed regulations. Mr. Wilson recommended adding the expanded tobacco definition to include E-
cigarettes. Mr. Cody reported that he attended a Board of Selectmen meeting to speak about changing the
Access to Tobacco by Minors By-law. The proposed Bylaw change will be recommended for the 2015 Annual
Town Meeting.
e) Vector Control
1.) Rodent Survey Program Improvement Request
f) rDNA
1.) Annual Inspection Report
4.) Emergency Preparedness
a.) Health and Medical Coordinating Coalition, (HMCC) update – Mr. Cody spoke to the Board
regarding the MDPH Ebola Guidance for Various Disciplines
Miscellaneous
5.) Old Business / New Business
6.) Next Meeting Wednesday, December 17, 2014 The 2015 BOH schedule was handed out.