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HomeMy WebLinkAbout2011-09-11-BOH-min Lexington Board of Health Meeting, Wednesday, September 14, 2011 at 7:00 p.m. Legion Room, Cary Hall, 1605 Massachusetts Avenue, Lexington, MA Board of Health Attendees: Sharon MacKenzie, Chair; David S. Geller; John J. Flynn Health Department Attendees: Gerard F. Cody, Health Director; Ann Belliveau, Health Clerk/Office Manager Sharon MacKenzie called the meeting to order at 7:00 p.m. The Board reviewed the minutes of August 3, 2011. Flynn motioned to accept the minutes with corrections. Geller seconded. All approved. Environmental Health Update/Reports - The Board reviewed the Environmental Health Report prepared by Kathy Fox. Animal Permit – Variance Request 10 Grove Street – Eric, Laurene and Michelle Beaudette appeared before the Board to request a variance from the requirement of the two acre minimum to obtain an animal permit for the keeping of goats. Michelle Beaudette gave a presentation concerning her experiences caring for other goats and the positive effect on her. After a discussion, Geller motioned that the Lexington Board of Health conditionally approves of the variance request as noted in §155-45, to obtain an animal permit for the keeping of goats on a lot that is less than 2 acres. The conditions are as follows: 1.) Applicant will contact the Town of Lexington Conservation Division and the Town of Lexington Zoning Administrator within 7 days of this meeting to determine if any further action is required by those other town departments. Flynn seconded. All approved. Howard Bernstein’s Variance request to package smoked meats using ROP – Howard Bernstein of the East Village Fair, appeared before the Board to discuss a specialized processing method know as Reduced Oxygen Packaging (ROP). Mr. Bernstein had submitted a HACCP plan for smoked meats to be vacuum packaged and is seeking approval of this plan from the Board. After a discussion, Flynn motioned that the Lexington Board of Health approves of the variance request, as noted in 3-502-11, to package smoked meats as outlined in the HACCP plan dated September 12, 2011. It only applies to the temporary food permit which is issued for the East Village Fair. Geller seconded. All approved. Food Inspection Program LaRiviera – Eric Bernbaum, Manager of La Riviera in Lexington and Michael Delsignore, General Manager of the La Riviera Corporation appeared before the Board because of an inspection conducted by Kathy Fox, Health Agent. Cody explained to the Board the outstanding violation discovered about the hot water tank. Cody said at the time of the inspection there was no hot water and during a follow-up inspection it was also determined that the water available was not hot and an order to correct letter was sent to La Riviera. According to Cody it is a non-critical violation but the concern is with the hand washing. Cody brought them before the Board to impress upon them the importance to staying on top of the physical facility. According to Delsignore, the hot water tank had been an ongoing issue but a new tank has been installed and is waiting for an inspection by the Plumbing Inspector. Cody requested that LaRiviera come up with a plan/timeline about dealing with the floors and ceiling. MacKenzie motioned that a plan be submitted within the next 30 days outlining what needs to be corrected within the facility and execution and completion within six months after plan approval. Flynn seconded. All approved. State Sanitary Code Update 14 Hamblen Street – Cody informed the Board that a discussion will take place on the inspections that have taken place at 14 Hamblen Street since June and in August. Cody stated that this will be a change for both parties to speak to the Board who will make a determination by Wednesday, October 5, 2011, as to whether or not this case gets forwarded to Concord District Court or the case is dropped or whatever decision the Board decides. Cody informed the Board that when he inspected the property on th, th September 13glass was still observed on the property from the August 15 inspection. Cody wanted the Board to know about that and make a decision as to whether or not this constitutes going forward with Concord District Court. Cody also advised the Board that hazardous materials were observed on the property that could be taken to the Household Hazardous Waste Collections free of charge. Cody would like to see that both parties determine a suitable time when those hazardous materials will be removed from the house. Attorney Robert Fassanella representing the tenant Dr. Victoria Smith, submitted Exhibit 1 to the Board which lists approximately 30 violations that were cited by the Health Department. Fassanella stated that Dr. Victoria Smith, who is a single mother of two, expected the property to meet the minimum standards of the State Sanitary Code. Fassanella said the property was far from compliance as noted in the 30 violations. He also stated that during the first week, there was a sewer backup in the basement in addition to a rusty leaking oil tank in the basement. Mr. Fassanella continued to cite many of the violations not corrected mentioned in Gerard Cody’s order to correct. Attorney James Donovan appeared before the Board representing Newton Dubs, the owner of the property at 14 Hamblen Street along with Newton Dubs. Attorney Donovan stated that a landscaper was hired to clean the backyard which included the removal of glass, nails, construction debris, etc. Cody also asked that the landlord remove the hazardous materials in a timely manner and he asked that the tenant and the landlord work together. After a discussion, Cody stated that the Board of Health will make a decision in writing. Copies of the final determination will be on file on Wednesday, October 5, 2011 in the Health Division and in the Town Clerk’s Office. 15 Saddle Club Road – Cody advised the Board that it was revealed that there may be a cross connection. This residence had a well permit for irrigation only. Upon a recent multi-departmental inspection, it revealed that they are using the same water from the well for irrigation also as drinking water and they also have pipes that are inter-connected going into their heating system without any separation and it circulates back in from the heating system into their hot water tank. Cody mentioned it appears they are co-mingling their heating system water with their drinking water even though it is from the same source, the Board may not approve. Cody said the owner of the property said he tests the water regularly and he held up some papers but would not allow Cody to see the papers. Cody asked the homeowner for copies of the water testing report. The Building Commissioner who had been in contact with the State Plumbing Board advised Cody that at the time there were no requirements on how the geothermal systems should be set up but now that has changed so now they are trying to figure out how to address the cross connection plumbing part. Cody mentioned that once he gets the analytical results, the Board can make a determination whether this well is an approved source. Community Health Updates / Reports The Board reviewed the Community Health Report for September 2011 prepared by David Neylon, R.N., Public Health Nurse. All follow-ups for the six communicable diseases had been done in a timely manner. (See attached report). Cody advised the Board that the Public Health Nurse along with the Human Services Nurse performed blood pressures and recruited MRC volunteers at the Farmer’s Market on th August 30. An array of health education material was available, including fact sheets on West Nile, EEE, tick repellants, Lyme disease and tick identifications cards. MacKenzie motioned to adjourn. Geller seconded. All approved. Documents submitted: Agenda Minutes of August 3, 2011 Exhibit #1 – 14 Hamblen St. List Violations and Alleged Repairs by Landlord Exhibit #2 - Pictures of yard debris, bulkhead, propane gas container and paint cans submitted by R.A. Fasanella Exhibit #3 - Memo from R. Topping dated 9/13/11 Exhibit #4 - Ltr. From R.A. Fasanella dtd. 7/14/11 to Anita Dubs – Machado Exhibit #5 - Ltr. From R.A. Fasanella dtd. 8/2/11 to J.M. Donovan, Brown & Brown, P.C. Emergency Preparedness Report September 2011 th First Flu Clinic of the Season, October 5, 2011 th From 9am to 12pm on Wednesday, October 5, the first flu clinic of the season will take place at St. Brigid’s Parish Hall. Pneumococcal vaccine will also be available. This clinic is targeted for those residents aged 60 and older. So far, we have 11 Medical Reserve Corps volunteers signed up to help out for this clinic. Prioritization of State Supplied Flu Vaccine Due to state budget cuts, MDPH has reduced the amount of flu vaccine available to local boards of health and other public providers by 23%. Because of this, MDPH has made the recommendation that state supplied flu vaccine be prioritized for those at high risk for contracting the flu and are uninsured or underinsured (health insurance does not cover flu vaccination). Lexington Board of Health State-supplied injectable doses for 19 250 years and older State-supplied “Flumist” for those 2-18 200 years of age State-supplied injectable doses for those 180 under 19 years of age Privately purchased injectable flu doses 440 Privately purchased injectable flu doses 450 for Town of Lexington employees TOTAL 1520 doses Lexington Public Schools (for use at school based clinics) State-supplied injectable doses for those 90 under 19 years of age State-supplied “Flumist” doses for those 170 2-18 years of age TOTAL 260 doses Katahdin Woods and Avalon Building on previous years’ clinics at Katahdin Woods and Avalon apartment complexes, the Health Division is in the process of working with these apartment complexes to set up small, pre-registration only flu clinics, as a way to exercise emergency plans that may come in to play in the event of real emergency.