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HomeMy WebLinkAbout2019-12-18-BOH-min LEXINGTON BOARD OF HEALTH MEETING MINUTES Wednesday, December 18, 2019 7:00 P.M. Cary Hall Memorial Building Estabrook Hall, (Lower level) 1605 Massachusetts Avenue Lexington, MA 02420 Board of Health Members in Attendance: Wendy Heiger-Bernays, PhD, Burt Perlmutter, M.D., John J. Flynn, Sharon MacKenzie R.N., CCM Office of Public Health Attendees: Kari Sasportas, Public Health Director Kammy Demello, Public Health Agent Francis Dagle, Public Health Assistant Speakers: Tim Power, 7 Cooke Rd and 15 Middleby Rd Frances Cheng, Beijing Chinese Restaurant Documents: Community Health Report Environmental Health Report Proposed Geothermal Well Site Plan, 7 Cooke Rd Proposed Geothermal Well Site Plan, 15 Middleby Rd Variance Request, 7 Cooke Rd Variance Request, 15 Middleby Rd Proposed Order Document, 7 Cooke Rd Proposed Order Document, 15 Middleby Rd Noise Complaint Summary, document OTC Beijing Chinese Restaurant, dated 12/18/19 Proposed Order document, Beijing Chinese Restaurant Daily log for lunch buffet, template document Proposed Order Document, Spice Box Inspection Report, Love at First Bite, dated 12/12/19 Inspection Report, Bulpan, dated 12/12/19 Short Term Rentals, draft bylaw document Operation Fast Vax, document 2020 Board of Health Schedule, document 10 Day Emergency Permit to Control Beavers, application document Request for 10 Day Emergency Beaver Permit, letter document General Law Part I, Title XIX, Chapter 131, Section 80A, document Emergency Preparedness Report Wendy Heiger-Bernays, PhD, Chairperson, called the meeting to order at 7:00 PM. Minutes of October 16, 2019 and November 26, 2019 were reviewed. In a motion duly made and seconded, the minutes were approved as written. The board reviewed the Community Health Report; Fall Flu Clinics- The flu clinics results have been calculated and the total vaccinations this year were 1,477 individual doses. 219 residents were vaccinated on Wednesday, October 2nd: 10:00am-1:OOpm—St Brigid's Keilty Hall. 144 residents were vaccinated on Tuesday, October 15th: 10:00am— 11:30am- Museum of Scottish Rite. 500 residents were vaccinated on Saturday, October 26th: 9:30am— 12:30am- LPS Central Offices Gym. 193 residents were vaccinated on Thursday, November 21st: 1:OOpm—4:OOpm- St. Brigid's Keilty Hall. 374 residents were vaccinated on Wednesday, December 4th : 4:OOpm—7:OOm- Lexington High School. 49 residents were vaccinated on Sunday, December 8th : 12:45pm—2:OOpm- Chinese Bible Church. Environmental Health report was reviewed and the following cases were discussed; On December 11, 2019,the state's Public Health Council approved new regulations that restrict the sale of nicotine vaping and flavored vaping and tobacco products. This action follows the Legislature passing and Governor Charlie Baker signing into law An Act Modernizing Tobacco Control, which provided the Massachusetts Department of Public Health with additional authority to regulate access to tobacco and electronic nicotine delivery systems, including vapes. With the actions taken December 1 lth, the Governor's temporary statewide ban on the sale of tobacco and vape products in place since September is no longer in effect. Effective immediately, the new law places the following restrictions: • Retail stores licensed to sell tobacco products, such as convenience stores, gas stations, and other retail outlets, are restricted to the sale of non-flavored nicotine products with a nicotine content of 35 milligrams per milliliter or less. • The sale of non-flavored nicotine vaping products (with a nicotine content over 35 milligrams per milliliter) is restricted to licensed, adult-only retail tobacco stores and smoking bars. • The sale and consumption of all flavored nicotine vaping products may only occur within licensed smoking bars. Certified letters explaining the new tobacco laws were sent to all tobacco retailer establishments. The Health Director noted that a request has been made in the 2021 annual budget submission for a new revolving fund that would allow for services such as tobacco control. Bulpan Grill and Lounge; after some discussion, Sharon MacKenzie R.N., CCM, proposed a motion that stated, "Based on the following factors: 1) Significant improvement on audit reports since August 2019 2) No critical food code violations on the 12112119 audit report, The Lexington Board of Health will approve Bulpan Restaurant to terminate the contract with the food safety consultant. Should the next routine food inspection reveal critical food code violations, or significant non-critical food code violations, Bulpan will be ordered to renew their contract with a food safety consultant. "Burt Perlmutter, M.D., seconded the motion. All were in favor. (See August 21, 2019 meeting minutes for more detail) Love at First Bite; after some discussion Sharon MacKenzie R.N., CCM, proposed a motion that stated, "Based on the Following Factors: 1) Inconsistent audit reports showing new violations each month 2) Two new critical food code violations noted on the 12112119 inspection report related to hot and cold holding, The Lexington Board of Health orders the owner of Love at First Bite Restaurant to take the following actions: 1) Remain under contract with an approved food safety consultant for monthly audits,for a period of no less than 3 months. 2) Report back to the board on progress at the next scheduled meeting on January 15, 2020. " Burt Perlmutter, M.D., seconded the motion. All were in favor. (See August 21, 2019 meeting minutes for more detail). Beijing Chinese Restaurant; On Tuesday, December 10, 2019,the Lexington Building Department informed the Lexington Office of Public Health of welding work being conducted on the stairs at Beijing. The stairs are directly connected to the kitchen area with an exposed doorway; therefore, health officials were called by building officials to the site to prevent contamination of food during the welding work. Kari Sasportas, Health Director, and Kammy Demello, Health Agent, arrived at the establishment before it opened for business, and observed food left out overnight thawing. Therefore, they conducted a comprehensive health inspection. The inspection revealed 8 critical violations and 7 non-critical violations of the State Sanitary Code. Frances Cheng, Owner, was present to review the violations with the BOH. After some discussion Wendy Heiger-Bernays, PhD, proposed a motion that stated, "Based on the Following Factors: 1) 8 critical violations and 7 non-critical violations noted during the 12110119 health inspection report 2) One violation being related to the unsanitary condition of the lobster tank The Lexington Board ofHealth orders the owner ofBeiiing Chinese Restaurant to take the following actions: 1) Hire an approved Food Safety Consultant within 24 hours to conduct weekly audit reports 2) Send a copy of the signed contract to the health department, once received 3) Cease the sale of lobster within the establishment until an approved company is scheduled to conduct a tank cleaning and water quality testing, with invoices and results received by the health department to determine whether or not the lobsters can be sold after the results are analyzed, and 4) Report back to the board on progress at the next scheduled meeting on January 15, 2020. " Burt Perlmutter, M.D., seconded the motion. All were in favor. Lexington Foodborne Illness Investigation; On December 12, 2019 the Lexington Health Director was notified that 12 individuals who ate lunch at an event on December 5, 2019 in Waltham catered by a Lexington food establishment were ill with symptoms of vomiting, fever, and diarrhea. Lexington notified Waltham Health Department, MDPH Food Protection Program, and MDPH Epidemiologist on call at the State Lab Institute. MDPH Food Protection Program instructed Lexington Office of Public Health to conduct foodborne illness environmental investigation at the establishment using CDC NEARS protocols. An establishment inspection revealed 7 critical violations associated with risk factors for foodborne illness and it was reported that one of the food handlers who prepared food for the catered event went home sick with GI symptoms after preparing the sandwiches. On December 13, 2019 MDPH Epidemiology sent stool specimen collection kits via courier to Lexington with instructions to test food handlers that prepared the food for the catered event. Specimen results confirmed original sick food handler was positive for norovirus. There are no reports of illness related to this outbreak in Lexington residents. Enforcement actions will be taken on Lexington establishment for the 7 critical violations found in the facility inspection, but at this time the state investigation is ongoing. 7 Cooke Road Geothermal Well Variance Request; Tim Power, PVI Site Design, LLC, met with the BOH to request a variance from Article X, Private Wells, to install a new geothermal well. After some discussion, Burt Perlmutter, M.D.,proposed a motion that stated, "Based on the Following Factors: 1) As long as it is guaranteed that there will not be any leakage from these wells into the ground water or nearby wells, town sewer, etc., then The Lexington Board of Health approves the installation of the geothermal wells located at 7 Cooke Rd, so long as the following conditions are met: 1) Provide specs of all equipment used to install the wells 2) Must meet all other areas ofArticle X, Private Wells for the Town of Lexington" Sharon MacKenzie R.N., CCM, seconded the motion. All were in favor. 15 Middleby Road Geothermal Well Variance Request; Tim Power, PVI Site Design, LLC, met with the BOH to request a variance from Article X, Private Wells, to install a new geothermal well. This property is located in a Groundwater Zone 2 Wellhead Protection Area. The BOH expressed concern on the potential negative environmental impact that this installation will have in regards to the groundwater. The board requested that this request be continued, allowing the applicant time to provide data on the implications of the installation, as well as information regarding the material inside the tube system and the fail rate of geothermal wells. Short Term Rental Bylaw; The Health Director provided the BOH with a draft bylaw that will be submitted as a zoning article for Annual Town Meeting. Currently it is being reviewed by the Planning Board before its submission as a warrant article. The bylaw would provide a process through which certain residential premises and rooms within residential premises not otherwise regulated and licensed as bed and breakfasts may be registered with the Town of Lexington for use as "short-term rentals." Noise Complaint; The Lexington Health Director met with Matthew Barber, MassDEP, in August and September 2019 to discuss options for construction noise enforcement under state regulation 310 CMR 7.10. Local public health departments, local police, and local fire departments all have authority to enforce the state noise regulation as stated in 310 CMR 7.52. The local Lexington noise bylaw grants authority to inspectional services (including the Building Commissioner), public health, police, and fire for enforcement. Both regulations define noise as 10 dBA above background noise levels. MassDEP loaned a sound meter to the Lexington Office of Public Health for the purpose of conducting site-specific background noise measurements and complaint noise investigations. Enforcement by the Lexington Office of Public Health included negotiation with contractors and formal orders to install sound dampening barriers. The loan period was 3 months and the sound meter has been returned to MassDEP. On December 12, 2019,the Lexington Health Director and Assistant Town Manager for Development met with Daniel Koretz of the Lexington Noise Bylaw Committee. Discussion included the following topics: quarterly reports on noise complaints as required by the Lexington Noise Bylaw, resident confusion over which local agencies enforce noise complaints and how to standardize noise complaint submissions, potential updates to the noise bylaw and 2 proposed warrant articles, including limits on construction hours and leaf blower equipment standards. Toxic Materials; No updates at this time. The Emergency Preparedness report was reviewed and the following topics were discussed; Table-Top Exercise (TTX) - Lexington will be participating in a sub-regional TTX scheduled for February 4, 2020. The event will be conducted in Burlington, MA, and will include the following communities in addition to Lexington: Arlington, Bedford, Belmont, Burlington, Hingham, Newton, Watertown, and Woburn. The purpose of the exercise will be to test local EDS plans for a pandemic influenza scenario with consideration of priority dispensing for critical staff. Vaccine storage and cold chain management will also be topics of discussion. Region 4AB Planner, Edward Ubaike, will meet with the Lexington Health Director and Public Health Nurse on December 19, 2019 to begin preparing deliverables for the upcoming TTX. The Lexington Office of Public Health has reached out to Lexington Police and Fire to invite representatives to the TTX on February 4, 2020. A preliminary meeting is scheduled on December 23, 2019 to review deliverables for the exercise. Region 4A Medical Reserve Corps (MRC) - The Lexington Health Director and Public Health Nurse will meet with the Region 4A MRC Manager and Volunteer Coordinator on December 19, 2019 to discuss options for offering more trainings and recruitment events for volunteers in Lexington. Trainings may include a second Stop-the-Bleed training based on the popularity of the first training offered in September 2019, as well as additional volunteer recruitment offerings during National Public Health Week in April 2020. Burt Perlmutter, M.D., motioned that the meeting be adjourned and Wendy Heiger-Bernays, PhD, seconded. All were in favor. The meeting adjourned at 9:12 PM. It was noted that the next meeting will take place on Wednesday, January 15, 2020.