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HomeMy WebLinkAbout2015-04-01-BOH-min MINUTES for: BOARD OF HEALTH MEETING Wednesday, April 1, 2015, 5:00 P.M. Parker Room Town Offices, 1625 Massachusetts Avenue, Lexington MA 02420 Board of Health Members in Attendance: Wendy Heiger-Bernays, PhD, Chair, Sharon MacKenzie, Burt Perlmutter, MD, Jay Flynn, JD, David Geller, MD Health Division Attendees: Gerard F. Cody, Health Director, Linda Rainville, Clerk, David Neylon, Public Health Nurse Mina Markarious, Town Council 1.) Minutes of February 18, 2015 accepted with one correction 2.) Community Health – Mr. Neylon, Public Health Nurse, spoke with the Board about the training he attended at the High School with the school nurses. The training was called “Situation Critical – Street Drugs”. He shared a copy of the booklet containing various power point presentations that was created by the Massachusetts Nurses Association, MNA. a.) CHNA grant update – Mr. Neylon spoke to the Board regarding the Mental Health First Aid, (MHFA) training sessions. The training has been well received. The next session is scheduled for May 12 and th May 19. The sessions are being evaluated by a pre and post survey by the instructor, Joy Gallon. b.) Community Health and Infectious Disease Report – Mr. Neylon, presented the Community Health Report. Mr. Neylon was in contact with a State TB nurse regarding the report of a Lexington Resident having TB. It was revealed during the investigation that person who claimed to reside in Lexington actually lives in Connecticut. There is no proof that the patient was ever in Lexington while infectious. Mr. Neylon also spoke about a dog bite report for an incident that took place when a High School student was walking to school one morning. The dog did not bite through the winter coat and did not break any skin. As a result, there was no injury or possible exposure. Mr. Neylon informed the Board that Ms. Angela Braun is the new Health Director in Belmont. Mr. Neylon shared a document that was created for the local newspapers and town website titled, “Be a Good Neighbor: Pick up after Your Pet” 3.) Environmental Health a.) Environmental Health Report – Mr. Cody reviewed the Environmental Health Report submitted by Kathy Fox, Health Agent. Mr. Cody noted that Beijing Chinese Restaurant hired a Food Consultant, Ms. Maureen Lee of Food Safety Solutions for three more months to provide additional training on food service safety and to conduct random inspections based on the food code. There was also a discussion about a routine inspection that took place at Lemon Grass. After reviewing the report, it was not apparent if a re-inspection for critical violations took place in a timely manner. A motion which states in part that ““The Lexington Board of Health requests that a re-inspection is done within 24 to 48 hours of critical violation.”, was made by Ms. Heiger-Bernays, seconded by Dr. Perlmutter (All voted in Favor of the motion). b.) Food Inspection program – Mr. Cody reported that the Food Establishment Renewal Permit application has been updated and implemented. Updates include but are not limited to questions regarding the status of emergency plans for food establishments, knowledge about local regulations for food establishments and Person in Charge knowledge about food workers exhibiting signs of sickness. In late Spring, an MPH student will review the survey data from the revised food establishment permits and review emergency plans for food establishments. The MDPH student will also help to gather additional information for those food establishments that may need assistance as indicated on the permit application. Mr.. Cody also announced Ms. Beth Grossman, Food Consultant will replace the former food consultant Stephanie Scogland. She will be focusing on higher risk establishments. c.) State Sanitary Code Case Review - 24 Ledgelawn has damage from ice back-up. All walls need to be torn down, plumbing connection is not in code, and walls are open. Mr. Cody is working with the Plumbing Inspector and Building Commissioner to bring this building up to code. An “Order to Comply” letter will be sent. Dr. Perlmutter motioned, Ms MacKenzie seconded (All in Favor) “The Lexington Board of Health requests that an amended Order to Comply letter be sent to 24 Ledgelawn. The letter to include the State Plumbing Code violation. Corrections to be completed within 45 days or request a hearing within 7 days.” d.) Brookhaven Pool and Spa variance request – Brookhaven Pool and Spa has requested a variance from the use of a Lifeguard; 105 CMR 435.23 (1). Ms. Heiger-Bernays motioned, Ms. MacKenzie seconded (All in Favor): “The Lexington Board of Health grants the variance request from the requirement of lifeguards for the safe operation of pools as listed under 105 CMR 435.23 (1). In addition all the requirements of 105 CMR Warning No Lifeguard on Duty 435.23 (2) shall be met including all the signage which includes: “” in easy to Children under age 16 should not use swimming pool read, legible letters which are at least four inches high “ without an adult in attendanceAdults should not swim alone ” and another sign that states, “”. This variance applies only to Brookhaven, which had made the request in writing. This variance will expire at the end of the Seasonal Pool season or upon notification of unsafe operating condition at a specific facility.” e.) Title V variance request – 18 Belfry Terrace – No further action required f.) Plumbing Variance request – 271 Lincoln Street – Letter of support not necessary. Variance obtained from the State Plumbing Board. 4.) Emergency Preparedness a.) Health and Medical Coordinating Coalition, (HMCC) update – Mr. Cody reported that the HMCC has combined Region 4A and 4B. This effects 60 communities. The State is soliciting RFR looking for a Chairperson. 5.) Town Meeting Articles 39 and 40 Update (with Town Counsel) a.) Timeline to consider amending Article III, Chapter 155, Board of Health Regulations of the Town of Lexington Code M. Markarious, Town Counsel, discussed the Town approval of Article 39. Bylaw is rescinded when the AG approves the decision. Once the Bylaw is rescinded the BOH has sole authority. The Timeline: Public Hearing – first hearing done on March 19, 2014. There should be a second Public Hearing – should include rationale for change. This should alleviate public concern. Mr. Markarious recommended that BOH revisit the draft regulations, revise. Present draft regulations at th a Public Hearing. BOH goal: April 15 Review Draft Regulations (invite DJ Wilson and Mina Markarious to review before hand); complete draft regulations by July; Hearing – May 5th. 6.) Ethan Handwerker Open Meeting Law Complaint Update and Proposed Revisions to November 19, 2014 Minutes. – M. Markarious, Town Counsel, spoke to the Board regarding Open Meeting Law complaint filed in December. The AG’s office thought the Minutes had enough descriptions. Mr. Markarious recommended that we list every document used or referred to during the meetings. He advised that we change the November minutes adding the documents “used or referred to”. We should repost the minutes as “revised”. Ms. MacKenzie motioned; Dr. Perlmutter seconded (All in Favor) “After much discussion about the November 2014 BOH meeting minutes, we propose that all recommendations made by Mina Markarious, Town Counsel be accepted.” Miscellaneous 7.) Old Business / New Business Church of the Redeemer requested a variance to use a “non-commercial” grade stove in their kitchen. Dr. Perlmutter motioned; Ms. MacKenzie seconded (All in Favor) “The Lexington Board of Health grants the variance request from the requirement of a commercial grade equipment as listed under 105 CMR 590.000 section 4-205.” 8.) Next Meeting Wednesday, May 20, 2015 Documents Used or Referred to: Situation Critical – Street Drugs Copyright 2014 – Massachusetts Nurses Association Be a Good Neighbor: Pick up after Your Pet – March 2014 Lifeguard Variance Request – March 2014 4-205.10 Food Equipment, Certification and Classification BOH packet containing various reports, (Community Health, Environmental Health and Emergency Preparedness).