BOARD OF HEALTH MINUTES REGULAR MEETING MAIN TOWN HALL 2 ND FLOOR MEETING ROOM BURLINGTON, MA TUESDAY, FEBRUARY 14, 2012

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1 BOARD OF HEALTH MINUTES REGULAR MEETING MAIN TOWN HALL 2 ND FLOOR MEETING ROOM BURLINGTON, MA Approved: 03/27/12 To Town Clerk: 04/06/12 TUESDAY, FEBRUARY 14, 2012 Board Members Present: Wayne Saltsman, MD, PhD, Chair, Jim Dion, Vice-Chair; Ed Weiner, PhD, Libby Walendziewicz, RN, MSN; Board Members Absent: Terry McSweeney Staff Members Present: Susan Lumenello, Environmental Engineer; Marlene Johnson, Health Agent; Sharon Walker Mastenbrook, Director of Public Health Citizen s Time: Gregory Smith, 36 College Road, was present to update the Board of Health (BOH) on the flooding issues in his neighborhood. He has contacted State Representative Charles Murphy s office for assistance. Dr. Saltsman thanked him for the information. Chairman s Report: None Subcommittee Reports: Dr. Weiner thanked Mr. Dion for his presence and assistance at the recent BOH s subcommittee meetings. Hearings Hearing: Café 105, 5 Burlington Woods BOH Regulation Violation Progress Report Present to address the BOH was Michael Vilarino. Ms. Johnson reminded Mr. Vilarino that he must provide the BOH with copies of certified food protection manager certificates for all employees including himself or to provide copies of documents showing the employees who took and passed the CFPM exam. He said that he would bring in his CFPM certificate. Mr. Vilarino said he has been attempting to get his father s certificate but does not yet have it. Ms. Johnson said that he as the owner must present it to the BOH by Friday, February 17 before 3:00 pm in order to avoid revocation of his food permit leaving Café 105 closed until the violation is corrected. Dr. Saltsman advised the storeowner that the BOH takes required certificates very seriously and that the establishment will be closed by the BOH if the certificates are not received as requested. Motion: Mr. Dion moved that Mr. Vilarino is to provide copies of certified food protection manager (CFPM) certificates for all employees including himself or provide copies of documents showing employee(s) took and passed the CFPM exam. Failure to do so by Friday, January 17 before 3:00pm would result in a suspension of the food permit per 105 CMR (B)(1). Seconded by Ms. Walendziewicz and unanimously approved. (4-0-0) Board of Health Members: Wayne Saltsman, MD, PhD, Chair Jim Dion, Vice Chair Terry McSweeney Ed Weiner, PhD Libby Walendziewicz, RN, MSN

2 Hearings Hearing: Rima s Pantry, 85 Wilmington Road Food Code and BOH Regulation Violations Progress Report Ms. Johnson stated that Mr. Alsafadi was present to review the progress he had made at the establishment since he was before the BOH on December 13, 2011, and she said that all conditions requested by the BOH had been met. Dr. Saltsman stated that he been in the store recently and was pleased with the changes that have been made and that it appeared very clean. He urged Mr. Alsafadi to continue to follow the set guidelines in order to serve the community appropriately. Mr. Alsafadi responded that he expects to do so. Hearing: 255 Middlesex Turnpike Violation of BOH Sump Pump Policy Jean Maloney-Stewart, 253 Middlesex Turnpike and Michael Austin, Austin Realty, was also present representing 253 Middlesex Turnpike. Ms. Maloney-Stewart s home is on the market. She said she called to complain about the sump pump hose not being properly set at 255 Middlesex Turnpike and water was running down her driveway. Ms. Lumenello said this was an ongoing problem and related the history of the issue going back as far as Letters to the homeowner and inspections had taken place from 2001 through In 2006 the owner was before the BOH with plans to install a berm to stop the runoff, but this has not been working. Upon a recent visit to the site by Susan Lumenello and Sharon Mastenbrook, water was seen pooled at the end of the driveway and appeared to be running down the driveway around pavers, but it was unclear if the sump pump was running. Ms. Lumenello said she noted the hose to the pump was curled up underneath the exiting outlet pipe. Upon two previous visits, the hose was connected and directed toward the front lawn. Ms. Lumenello reported that a representative of the owner of 255 Middlesex Turnpike called her and said that the owner, Ms. Karen Packard, believed that she had already done a lot of work and was not willing to do anything more. Ms. Lumenello recommended to her that the hose not be coiled up, but the homeowner was not receptive to suggestions. Mr. Austin stated that there are concerns with grade as well as questions on a possible dry well, and he has never seen pipes coming out of the drywell. They even looked closely at the area and he said it is a hole with bricks and a grate. Mr. Austin spoke with Tom Hayes, the Town Engineer, who said that plans to install a storm drain near these homes is on the town s five-year plan. Ms. Lumenello reported that the owner of 255 Middlesex Turnpike said she had already done a lot of work and was not willing to do anything more. Ms. Lumenello recommended to her that she move the hose so that it is not coiled up, but the homeowner was not receptive to suggestions. February 14,

3 Ms. Mastenbrook noted that there are some bricks that could be impeding the drainage and wondered if removing them would help. Ms. Stewart said that it would not be her responsibility and added that they did not have this problem until the neighbor s addition and driveway. Ms. Lumenello said that the issue is whether or not they are in violation of the sump pump policy. Ms. Stewart said that when the hose is out there is no flooding, but when it is balled up, they have flooding problems. The hose is not consistently spread out. Dr. Weiner said that the owner of 255 Middlesex Turnpike has to handle their own water by directing the water to the front yard with a permanent hose. He suggested that an order be made and the owner would have fourteen days until the next meeting if they wish to appeal the order. Motion: Dr. Weiner moved that the Board of Health issue an order that 255 Middlesex Turnpike manage its own water appropriately and they are to permanently direct the sump pump water to the front lawn with the owner of 255 Middlesex Turnpike having fourteen days as of tonight to appeal by appearing before the Board of Health on February 28, Seconded by Ms. Walendziewicz and unanimously approved. (4-0-0) Variance Ritu Ki Rasoi, 207 E. Cambridge Street Time as a Public Health Control Modification Pradeep Kedia, General Manager, was present seeking modification to his variance for Time as a Public Health Control. Ms. Johnson explained that a Time as a Public Health Control variance was granted by the BOH on April 12, 2011 and Mr. Kedia was requesting to add rice based foods: vegetable biryani, lemon rice, peas pulao, thayir sadam, vegetable pulao, jeera pulao, tomato rice, tamarind rice, chickpeas pulao, methi pulao, zaffrani pulao and plain white rice as well as appetizers: spinach cutlets, corn cutlets, paneer cutlets, croquettes, hara bhara kabab, mirchi bhajji cheese bites and paneer pops. These items and the ones originally approved will be available at the self-service lunch buffet and the Wednesday dinner buffet. Mr. Rasoi explained that they are conscious of what they serve and not all items would be out at the same time. Dr. Saltsman explained the time allowance under this variance and that any foods reaching the allotted time, must be discarded. Mr. Rasoi said he understood and all the food items are labeled and added that as soon as an item cools down, before the allotted timeframe, it is discarded. Ms. Johnson read her recommendations: 1. This variance is granted for the foods listed above and no other foods unless approved by the BOH; 2. Food held out of temperature control shall be clearly labeled with the time food will be discarded (not to exceed 4 hours); 3. This variance is granted to the food establishment listed on this variance and for no other location and is non-transferable; 4. Violations of this variance will result in a revocation of the variance February 14,

4 Dr. Weiner asked if their record was in good standing. Ms. Johnson said the only concern the paint on the floor that is chipping and Mr. Rasoi is having it repaired. There are no other issues, she said. Motion: Dr. Weiner moved to approve the Variance request for Time as a Public Health Control Modification as described for Ritu Ki Rasoi, 207 E Cambridge Street. Seconded by Mr. Dion and unanimously approved. (4-0-0) Staff Reports Environmental Engineer s Report Tier II: Ms. Lumenello said that she is starting to receive Tier II reports under the Right to Know Act. There are twelve companies that must report, and the reports are all due no later than March 15. Town Meeting: Dr. Saltsman thanked Ms. Lumenello for her presentation and response to questions at the recent Town Meeting. Ms. Lumenello thanked the BOH for their help and support to prepare for Town Meeting and added that the approval received by Town Meeting will allow the BOH to appropriately monitor companies that handle certain capacities of hazardous waste material. She said that information is being kept electronically for easy access in the event of an emergency. Motion: Dr. Weiner moved to approve the Environmental Engineer s Report as submitted. Seconded by Ms. Walendziewicz and unanimously approved. (4-0-0) Health Agent s Report Five Guys: Dr. Saltsman asked about the progress of this restaurant. Ms. Johnson replied that it is expected to open the second week in March. They received their final sign off and are planning to have staff training at the end of February. Dr. Weiner asked about unpaid fines. Ms. Johnson replied that she is still awaiting payment from Unidine, and if payment is not received, they will be required to come before the BOH. Motion: Mr. Dion moved to approve the Health Agent s report as submitted. Seconded by Ms. Walendziewicz and unanimously approved. (4-0-0) Supervising Nurse s Reports Report of January 11, 2012-February 7, 2012 Motion: Ms. Walendziewicz moved to postpone the report of January 11-February 7, 2012 report until the next meeting. Seconded by Mr. Dion and unanimously approved. (4-0-0) February 14,

5 Report of November 2, 2011-November 15, 2011 Ms. Walendziewicz noted that there are issues in the report that should not be part of the Nurse s report. Dr. Saltsman agreed stating that the report was not according to the recommended format. Motion: Ms. Walendziewicz moved to not approve the report of November 2-November 15, Seconded by Mr. Dion and unanimously agreed to not approve. (4-0-0) Report of November 16, 2011-December 6, 2011 Motion: Ms. Walendziewicz moved to approve the report of November 16-December 6, 2011 as submitted. Seconded by Dr. Weiner and unanimously approved. (4-0-0) Discussion: Ms. Walendziewicz requested information about the burial permit letter issued by the Supervising Nurse. Ms. Mastenbrook explained that this is a Board of Health responsibility which takes place when a body is being transported out of the country. The letter attests that there are no known outbreaks of communicable diseases in Burlington. The motion to accept the report dated November 16, 2011-December 6, 2011 was unanimously approved. (4-0-0) Report of December 7, 2011-January 10, 2012 Motion: Ms. Walendziewicz moved to approve the report of December 7, 2011-January 10, Seconded by Mr. Dion. Discussion: Ms. Walendziewicz recommended that instead of indicating on the report that better announcements are needed to inform the public of flu vaccine availability at BOH she would prefer to see what action was taking place by the Nurse s Office to better inform the public. Ms. Mastenbrook explained that the standard action for the Supervising Nurse is to advertise the clinics with the assistance of the clerical staff. The report was approved as submitted. (4-0-0) Director of Public Health s Report Rabies Clinic: Ms. Mastenbrook announced that the next rabies clinic would be held on March 24 at the DPW Highway Barn from 8:00am to noon. February 14,

6 Technology: Ms. Mastenbrook commented briefly on how new technology will be used throughout the Board of Health Department, such as in the field, for presentations, cell phones, and more. Annual Report: Dr. Saltsman and the other members were satisfied with the draft 2010 Annual Report as submitted. Motion: Dr. Weiner moved to approve the Director of Public Health s report as submitted. Seconded by Ms. Walendziewicz and unanimously approved. (4-0-0) DISCUSSION 2013 Budget: Ms. Mastenbrook gave a PowerPoint presentation on the FY 2013 Budget. There is an increase, she said, of 5.89% in the budget, not within the guidelines from the Town Administrator. The department s improvements were outlined since the creation in 2005 of the position of Director of Public Health. Nurse Liaison: The School Department requests a good deal of time from the nurse liaison, and Dr. Saltsman stated that he would contact the School Superintendent to request that the School Department assume financial responsibility for the nurse liaison position. Environmental Engineer/Environmental Director/Deputy Director Discussion: Dr. Weiner said he is committed to upgrading the position of Environmental Engineer s from grade 12 to 13, and supervisory responsibility would be required. The members discussed changing the name and responsibility of the Environmental Director. The current Environmental Engineer would be required to take this position and may have the added task of taking on the responsibility as Acting Director of Public Health as directed by the Board of Health. A stipend would be included. The BOH would request that the position of Environmental Engineer be unfunded. A Warrant Article for this request was discussed. Ms. Mastenbrook said she would contact Human Resources and the budget will be amended as discussed and returned to the BOH for approval at the BOH s next meeting. Motion: Ms. Walendziewicz moved to table further discussion on the budget and the Warrant Article regarding eliminating the nurse liaison position and the proposal for an Environmental Director until the BOH s next meeting. Seconded by Dr. Weiner and unanimously approved. (4-0-0) A motion was made and unanimously approved to adjourn at 8:45 p.m. Respectfully submitted, Betty McDonough Recording Clerk February 14,