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HomeMy WebLinkAbout2011-08-03-BOH-minLexington Board of Health Meeting, August 3, 2011 at 7:00 p.m. Ellen Stone Room, Cary Hall 1605 Massachusetts Avenue, Lexington, MA Board of Health Attendees: Wendy Heiger - Bernays, Chair; Burt M. Perlmutter; David S. Geller; John J. Flynn Health Department Attendees: Gerard F. Cody, Health Director; Ann Belliveau, Health Clerk/Office Manager Wendy Heiger - Bernays called the meeting to order at 7:00 p.m. The Board reviewed the minutes of June 22, 2011. Perlmutter motioned to accept the minutes with corrections. Geller seconded. All approved. Environmental Health Update /Reports Plumbing Variance Request for 3 Forbes Road - Cody informed the Board that Anthony Staffier, Plumbing Designer for AHA Consulting Engineers has requested a letter from the Board of Health to support or not support the variance request to Sections 10.06 and 10.09 of the Plumbing Code requiring approved materials to be located within the footprint of the structure and requiring a second gas /sand interceptor to the State Board of Examiners of Plumbers & Gasfitters. Cody introduced Staffier who provided an overview of the project at 3 Forbes Rd. Staffier advised the Board that the existing parking lot has a drainage system that currently discharges through a separator. The design intent for the elevated parking deck is to bring the new deck drains into the existing site drainage system, and leave the lower level site drainage as is, thus the reasoning for the variance request. After a discussion, Perlmutter motioned that the Lexington Board of Health supports the variance request from the requirement of materials to be located within the footprint of the structure and the requirement of a second gas /sand interceptor as noted in Sections 10.06 and 10.09 of MGL c 142 § 13. MacKenzie seconded. All approved. Food Inspection Program Panera Bread (New Establishment) —Cody introduced Robert Dean, District Manager for Panera Bread to provided an informational presentation of the new Panera Bread Cafe with an outside seating and serving area to be located at 1684 Massachusetts Avenue. Dean reviewed the plans with the Board and explained that no food will be prepared in the outside patio area and four season area. Khushboo — Cody informed the Board that during a recent inspection, it was determined that there was no person -in- charge present during the inspection and there were five critical violations. Mr. Sarni, of Khushboo, advised the Board that the chef who is the person -in- charge had to go to home to his family for an emergency about two months ago and Mrs. Sarni's brother is the other person -in- charge who left the restaurant at 3:00 p.m. and that is when the inspection was conducted. Mr. Sarni also explained that his father will also be getting certified. Heiger - Bernays asked Mr. Sarni for a plan when there is no person -in- charge as well as the plan to move forward long term regarding the critical violations which should be corrected by the person -in- charge. Cody said a reinspection will be conducted at an unannounced time. Khushboo submitted the recipe for the yogurt for the Board's review. Quality Inn Pool Variance -Cody introduced Mr. Vic, General Manager at the Quality Inn and Suites in Lexington to request relief from in the form of a variance from 105 CMR 43 5.23 (1) Lifeguards. Mr. Vic advised the Board that he has registered to become a CPO but currently a CPO from the Woburn Quality Inn is coming over to the Lexington facility to check the pool every day. Perlmutter mentioned that the pool has been opened for a month without a lifeguard and that is very serious. MacKenzie also asked Mr. Vic to review the pool files concerning chlorination issues during the previous season. Geller motioned that 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(l) to the Quality Inn and Suites. In addition, all the requirements of 105 CMR 435.23(2) shall be met including all signage which includes: "Warning No Lifeguard on Duty" in easy to read legible letters which are at least four inches high "Children under age 16 should not use swimming pool without an adult in attendance" and another sign that states, "Adults should not swim alone ". This variance will expire at the end of the Seasonal Pool season or upon notification of an unsafe operating condition. MacKenzie seconded. All approved. State Sanitary Code Update 14 Hamblen Street — Cody advised the Board that he will be reinspecting this property tomorrow with the Building Inspector and Fire Inspector. He asked the owner of the property not to be there at the property during the inspection. The tenant is stating that an odor is coming from a room that is locked and unavailable to the tenant. Cody will have a better report at the next meeting. 94 Hartwell Avenue — Cody said this should have been closed out by now but he has not received any information that this cleanup has been completed. Community Health Updates /Reports The Board reviewed the Community Health Report for August 2011 prepared by David Neylon, R.N., Public Health Nurse. All follow -ups for the nine communicable diseases had been done in a timely manner. (See attached report). Medical Waste Collection Day, Wednesday, June 1, 2011 Neylon worked the medical waste collection event which took place on June 1, 2011 behind Town Hall. 20 residents dropped off used sharps and unwanted medications. Once again, the Lexington Lions Club helped out at the event. Cody informed the Board that David Neylon, R.N., Public Health Nurse passed a certification test from the national Certification Board of Infection Control and Epidemiology (CBIC) CIC. The CIC designation is used for those in hospital and community -wide infection prevention and control practitioners and is valid for 5 years. Cody advised the Board of an upcoming Hazardous Waste Collection on August 10, 2011, for small businesses. This is the first time this is being offered to small businesses during the week. This is paid for directly by the business to Clean Harbors. Cody met with Carl Valente to see if there are any updates concerning the proposed organic waste facility at 60 Hartwell Avenue but everything is status quo. John J. Flynn met with the Town Engineer, John Livsy and Robert Beaudoin for an update on the project but was told it is up to the Selectmen. Flynn then attended the regional task force meeting on July 28 Flynn said the purpose of the meeting was to seek out additional State aid for the project. Flynn also mentioned that they are awaiting revised Mass DEP regulations which needs to move forward in order to prepare the RFP to potential vendors. A facilities specific permit will be issued by Mass DEP. Flynn's concern is that all nuisance criteria such as traffic, wildlife, air quality, etc. will not require local approval. Flynn stated that at the meeting on behalf of the Board, that the issues of review and environmental reports should be part of the RFP process and funded prior to issuing an RFP or it will all be done after the fact. Cody spoke with Carl Valente concerning storage of flammable material at the site and the Board will receive updates when available. Heiger - Bernays thanked John J. Flynn for representing the Board of Health at these sessions. The Board asked Cody to draft a local regulation to require a funded inspector for the Town. EDS Table Top Update — Cody updated the Board about a recent EDS Table Top Exercise conducted by Carpathia. There were 30 participants including members of Beth Israel Deaconness. Reuter Associates — Due to the noise complaint at Shire, Cody wanted to have a consultant available to possibly review a proposal or a plan so we would have in -house technical assistance. The Board agreed on going forth with a consultant. Heiger - Bernays motioned that John J. Flynn represent the Board of Health on the Noise Advisory Board. Perlmutter seconded. All approved. MacKenzie motioned to adjourn. Geller seconded. All approved. Documents submitted: Agenda Minutes of June 22, 2011 Environmental Health Report Community Health Report Quality Inn &Suites Pool Variance Letter 14 Hamblen Street Letter AHA Consulting Engineers Ltr.