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LEXINGTON BOARD OF HEALTH
MEETING MINUTES
Wednesday, April 20, 2016
7:00 P.M.
Estabrook Room
Cary Hall Memorial Building
1605 Massachusetts Avenue, Lexington, MA
Board of Health Members in Attendance:
David Geller, M.D., Sharon MacKenzie R.N., CCM, Burt Perlmutter, M.D.
Health Division Attendees:
Gerard F. Cody, Health Director
Francis Dagle, Clerk
Speakers:
Faye Andrews, Health Educator
Bhushan Kumar, Proprietor, Little India Express
Documents:
Community Health Report April 2016
Environmental Health Report April 2016
Establishment Inspections April 2016
Variance Request; Neillio’s documentation
Plan Review; Little India Express documentation
Patriots Day Temporary Permit List documentation
Tobacco Regulation Compliance documentation
9 Hillside Terrace documentation
Ixtapa Restaurant documentation
MHFA documentation
Tick Press Release documentation
Mosquito Press Release documentation
Emergency Preparedness documentation
Lexington Board of Health Minutes, April 20, 2016 Page 1 of 3
The meeting was called to order at 7:03 PM. Sharon MacKenzie R.N., served as acting Chair
Person.
The Community Health report was reviewed and the following topics were discussed;
Community Health and Infectious Disease Report: Director Cody informed the Board
th
about a press release for a training session to take place June 1st and June 8 2016, hosted by the
Office of Public Health. Youth Mental Health First Aid, will introduce common mental health
challenges for individuals, and teaches a 5-step action plan for how to help people in both crisis
and non-crisis situations.
The Environmental Health report was reviewed and the following topics were discussed;
Environmental Health Report was reviewed for various inspections conducted by the
Health Agent.
Bollywood; Over the past 4 years the establishment has had numerous food code
violations. Recently, the establishment hired Lisa Berger, food consultant, to provide training
and to conduct unannounced food code inspections to improve compliance. The Director
reviewed this establishments’ progress since working with a food consultant.
Bhushan Kumar, Owner, Little India Express, recently completed a Plan Review and
Food Permit Application with the Office of Public Health. He came before the Board to discuss
the Food Plan Review and request a permit to operate a Food Establishment. Little India Express
answered various questions from the Board. Director Cody noted during the conversation that the
kitchen hoods would need to be professionally cleaned every 3-6 months. It was also
recommended that yogurt from an approved source be used, instead of “homemade yogurt.”
After much discussion, David Geller, M.D., proposed a motion that stated, “The Lexington
Little India
Board of Health grants an Annual Permit to Operate a Food Establishment to
Express upon a successful completion of a pre-operational inspection.
” Burt Perlmutter,
M.D., Seconded the motion. All were in favor.
Pamela Ross-Kung, Safe Food Management, representing Neillio’s, recently submitted a
written variance request to use FC 3-501.19 Time as a Public Health Control, with a supporting
HACCP plan. Currently the Food Establishment uses temperature to control the growth of
pathogens, for holding meat and poultry at the carving station for a maximum for four hours.
Lexington Board of Health Minutes, April 20, 2016 Page 2 of 3
After much discussion, Burt Perlmutter, M.D., proposed a motion that stated, “The Lexington
Board of Health has reviewed the HACCP plan that was prepared by Safe Food Management for
Neillio’s. Neillio’s may use time as a public health control for the display and slicing of various
cooked whole meats such as turkey, pork loin, ham, pastrami and related meats or poultry under
the condition that the HACCP plan is followed. Should the inspection process reveal that the
HACCP plan is not followed or understood by the food service staff, then the variance will be
suspended and hot holding temperature control must be provided for ready to eat foods, A
hearing will be required with the Board of Health to determine the status of the variance request
for using time as Public Health Control.” David Geller, M.D., Seconded the motion. All were in
favor.
Patriots Day Temporary Food Permit; On April 18, 2016 Director Cody and Health
Agent Kathy Fox, inspected various Temporary Food Permitted food vendors, who were present
at the Patriot’s Day Parade. Mr. Cody noted that food service providers were knowledgeable
about the best practices in food borne illness prevention.
State Sanitary Code Case Reviews: The Board reviewed the State Sanitary Code Case for
27 Vaille Avenue; previously, an order to correct lead paint violations was issued in late
fall. Compliance has been achieved and the case is closed. The tenant is concerned about adding
insulation to the space below the kitchen floor, however this is not a violation of the State
Sanitary Code that is in need of correction.
9 Hillside Terrace; On March 30, 2016 Gerard Cody, Health Director for the Town of
Lexington, Board of Health and Kelley Axtell, Assistant Director of Senior Services and Paul
Bates, Fire Department Inspector, were invited to conduct an inspection of a dwelling located at
9 Hillside Terrace. Based on the results of that inspection, the Board of Health finds that the
dwelling is unfit for human habitation. The occupants were ordered to vacate and the owner was
ordered to secure the 9 hillside Terrace within 48 hours of receipt of this order. The homeowner
has been in contact with the Health Director, to coordinate compliance with the Standards of the
State Sanitary Code.
16 Hancock Street; Mr. Cody informed the Board that on March 18, 2016 representatives
from the Fire and Building Departments inspected the dwelling. Upon inspection completion, the
home was declared unfit for human habitation, as described in the State Sanitary Code.
Lexington Board of Health Minutes, April 20, 2016 Page 3 of 3
Occupants have since vacated the dwelling. 24 Trauma, a biohazard waste contractor removed
any signs of filth and biohazardous materials. The dwelling remains unoccupied.
The Minutes of March 16, 2016 were approved with correction.
The Emergency Preparedness report was reviewed and the following topics were discussed.
The Board was updated on the Office of Public Health’s assistance of Region 4a Planner,
Daniel Watters completed an After Action Report as one of the Public Health Emergency
Planning deliverables required from the Massachusetts Department of Public Health Office of
Preparedness and Emergency Management. Director Cody reviewed the strengths and
improvement areas, with the Board.
Health Education Report was reviewed and the following topics were discussed;
In February, 2016 Faye Andrews, MPH, Health Educator, visited seven tobacco retailers
in Lexington. Currently Ms. Andrews is spot checking tobacco retailers, and providing education
awareness to all these establishments. There was also a discussion about providing additional
signs to the tobacco retailers.
Article III, Smoking and Youth Access to Tobacco Products; Director Cody reviewed the
Board of Health Regulation and noted that chapter 155-14 needed to reflect information about
the use of electronic cigarettes that is present in chapter 155-22. The regulation will be reviewed
for possible revision for the July 20, 2016 meeting.
Burt Perlmutter, M.D., motioned that the meeting be adjourned and Sharon MacKenzie R.N.,
seconded. All were in favor. The meeting adjourned at 8:24 PM.
It was noted that the next meeting will take place on Wednesday, May 18, 2016.
Lexington Board of Health Minutes, April 20, 2016 Page 4 of 3