HomeMy WebLinkAbout2009-08-12-BOH-min
Lexington Board of Health Meeting, August 12 at 7:00 p.m.
Cary Hall, Estabrook Hall
1605 Massachusetts Avenue, Lexington, MA
Attendees: Sharon MacKenzie, Chair; Burt Perlmutter; Deborah Thompson
Health Department Attendee: Gerard F. Cody, Health Director; Ann Belliveau, Health
Clerk
MacKenzie called the meeting to order at 7:00 p.m.
The Board reviewed the minutes of May 11, 2009 and June 8, 2009. Perlmutter motioned
to accept the minutes with corrections as noted. MacKenzie seconded. All approved.
Cody opened the Board of Health hearing to discuss Board of Health fee increases and
Article IX which is a proposal for Hazardous Materials Permit Regulation. Cody
compared fee schedules of surrounding towns. The fees to be increased are food, camps,
pools, septic, lodging and wells. Cody recommended removing massage establishment
and therapist fees since these are licensed by the Commonwealth of Massachusetts.
Perlmutter motioned that it appears that a permit fee increase is necessary to be consistent
with the surrounding cities and towns in the area. The Board of Health votes to approve
of the increased fee schedules for food, camps, pools, septic, lodging and wells. The
Board also encourages the development of new programs to promote environmental and
community health by adding the new Hazardous Materials or Pollution Prevention permit
fees, including lead and asbestos. Massage therapy permit fees are being eliminated
since these are licensed through the Commonwealth of Massachusetts. These fees will
take place effective September 1, 2009. MacKenzie seconded. All approved.
Article IX Groundwater – Cody informed the Board as an existing regulation since 1998,
the Groundwater and Water Supply Protection has been under review by the Board of
Health in order to improve the program. Some municipalities in the area (Acton,
Burlington, Watertown, Taunton) issue permits for businesses to store or use hazardous
materials as a pollution prevention method. The Board of Health considered this method
to be an effective mechanism to provide educational opportunities for businesses that
may be unknowingly creating a risk for pollutants to enter the groundwater supply. Cody
mentioned that recent comments from the DEP and Fire Department are questioning the
approach that health departments have taken over the past few years to regulate
hazardous materials. It appears that there may be a concern for “double” regulating since
fire departments are responsible for issuing “Flammables” permits which also includes
other hazardous materials. One question that comes up is “what if one department issues
a permit when the other department refuses to issue a permit for the same material”.
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Cody suggested that this topic be moved to after October 5 at which point comments
will have been solicited from other state agencies and town departments. In addition, the
added concern of H1N1 and season flu vaccine preparation should be the main concern of
the Health Division rather than to dedicate limited resources to this program during a
possibly busy “flu season”. Cody stated that comments from all departments should be
directed to the Board of Health by Monday, October 5, 2009 for review by the Board of
Health and a decision will consist of one of the following options:
1.Do not modify the regulation
2.Modify the regulation to include updates from the 2002 Model
Groundwater Regulation
3.Modify the regulation to include a Pollution Prevention Permit
town wide
4.Modify the regulation to include a Pollution Prevention Permit
only in the Groundwater Zone 2 Area – see map
5.Other – to be determined
Perlmutter motioned at the recommendation of the Health Director, the Board of Health
will table this matter until further feedback from other State Agencies and Municipal
Departments may be obtained by the deadline of October 5, 2009. At that time, the
Health Director will reveal his findings to the board at the next scheduled meeting.
MacKenzie seconded. All approved.
Environmental Health Report
Food Code Compliance Program
Dabins – Cody advised the Board that a recent inspection at Dabins revealed that the
HACCP plan for sushi was not being followed. The pH meter was not operating, the pH
log book was completed (although the meter was not able to be calibrated and was not
functioning). There was also bare hand contact for the preparation of sushi, there were
improper soap dispensers at the sushi hand sink, and no paper towels in the employee’s
rest room. Cody introduced Y. Shir, owner of Dabins, to the Board to answer any
questions. After much discussion, Perlmutter motioned the Lexington Board of Health is
in agreement with the order letter dated August 7, 2009. Furthermore, the board is in full
agreement with the order to hire a food consultant as outlined in the letter and attend the
September Board of Health meeting to provide an update with your progress in coming
into compliance with this letter. Dabins will cease sushi preparation until an inspection is
conducted by the Health Department. Dabins will be notified in writing as to the next
Board of Health meeting date.
Teppanyaki – Sam Wong, a food consultant working with Teppanyaki, informed the
Board that Teppanyaki is able to operate without the assistance of a food consultant.
After a discussion, Perlmutter motioned that the Lexington Board of Health considers
that Teppanyaki has completed all the requirements of the Order Letter dated January 5,
2009. MacKenzie seconded. All approved.
New Establishments / Plan Review
Cake – Michelle Ryan, owner of Cake, appeared before the Board. Cody explained that
Cake is a new establishment in town and Ms. Ryan will be making cakes to order. He
also advised the Board that the Cake facility has all required sinks and equipment and
was inspected by Kathy Fox today. Perlmutter motioned that the Lexington Board of
Health conditionally approves of the issuance of an annual permit to operate a food
establishment to Cake at 1628 Massachusetts Avenue. By September 1, 2009, persons in
charge, food handlers and dishwashers from Cake are required to attend the free Safe
Food Handling Workshops that are available from the Health Division. MacKenzie
seconded. All approved.
Nourish – Cody introduced Karen Masterson, owner of Nourish, to the Board because
she had completed a food plan review with the Health Division and all equipment has
been installed according to code. Cody explained that the Health Division offers a free
food seminar which is not serve safe but rather goes over what is covered during an
inspection and the top 10 violations. Cody mentioned this seminar is usually offered
quarterly and any staff may attend at no charge. Perlmutter motioned that the Lexington
Board of Health conditionally approves of the issuance of an annual permit to operate a
food establishment to Nourish at 1727 Massachusetts Avenue and by September 1, 2009,
persons in charge, food handlers and dishwashers from Nourish are required to attend the
free Safe Food Handling Workshops that are available from the Health Division.
MacKenzie seconded. All approved.
Old Res Update – Cody informed the Board that the Old Res did not need to be closed at
all this year.
Community Health Report – The Board reviewed the Community Health Report
containing items of interest since the last meeting in June.
Cody advised the Board that Kathy Fox passed the Registered Sanitarian exam. The
Board congratulated Kathy Fox.
Cody completed a Northeast Public Health Leadership Institute Program which was a
year long program through the University of Albany, NY which focused on medical
waste.
Perlmutter motioned to adjourn. MacKenzie seconded. All approved.