HomeMy WebLinkAbout2014-11-19-BOH-min.rev
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 was provided by Mr. Cody.
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
Pagu
Annual Permit to Operate a Residential Kitchen to at 182 Grant Street.”
b.) State Sanitary Code Case Review
1.) 267 Waltham Street – variance - Charlotte 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 a brief discussion, the following motion was proposed by Dr.
Perlmutter; “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”.
In summary, 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 variance expires on May 1, 2015. It is the expectation of the BOH that the
water and heat be restored to the second floor of the dwelling unit be restored by May 1,
2015. BOH Member J. Flynn seconded. There was no further discussion. All members
present voted in favor of the motion.
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. After a brief discussion, the following motion was proposed by Dr.
Perlmutter; “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.” BOH Member John J. Flynn seconded. There was no further
discussion. All members present voted in favor of the motion.
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 repealing
or amending the various Town Meeting By-laws related to smoking, tobacco use and sales for the
2015 Annual Town Meeting.
e) Vector Control
1.) Rodent Survey Program Improvement Request was reviewed.
f) rDNA
1.) Annual Inspection Report was reviewed.
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.
Documents Used or Referred to:
Agenda – November 19. 2014
Minutes – October 15, 2014
Community Health Report – November 2014
Environmental Health Report – November 2014
Documentation regarding 267 Waltham Street – September 29, 2014
Letter regarding 1000 Main Campus Drive – October 28, 2014
Smoking Regulation Presentation – November 17, 2014
Emergency Preparedness Report – November 2014
Board of Health Meeting Schedule for 2015
Food Plan Review – Pagu – Residential Kitchen – September 24, 2014
“Access to Medical Marijuana and Use of Medical Marijuana in Public Places”- November 2014
“Smoking and Youth Access to Tobacco Products” – November 18, 2014