Dr. Saltsman called the regular Board of Health (BOH) meeting to order at 7:00 followed by the Pledge of Allegiance. I. Hearings

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1 TOWN OF BURLINGTON, MA BOARD OF HEALTH Minutes General Session Main Meeting Room, Town Hall Approved: 05/12/15 Town Clerk: 07/23/15 TUESDAY, MARCH 10, 2015 ~ 7:00 p.m. Board Members Present: Wayne Saltsman, MD, PhD, Chairman; Vice-Chairman; Jim Dion; Ed Weiner, PhD; Maribeth Welch Not Present: Libby Walendziewicz, RN, MSN Staff Members Present: Susan Lumenello, REHS/RS, CHMM, Director of Public Health; Christine Mathis, Environmental Engineer; Marlene Johnson, R.S.; Health Agent Dr. Saltsman called the regular Board of Health (BOH) meeting to order at 7:00 followed by the Pledge of Allegiance. I. Hearings Lester s Roadside BBQ, 379 Cambridge St. Board of Health regulation violation No evidence had been provided to the Board of Health (BOH) indicating an external grease interceptor was serviced between July 1 and December 31, Ms. Johnson reported that she now has record of it being serviced on February 26, The grease hauler had neglected to submit a receipt to the BOH, and she is satisfied that they are in compliance. Besito, 75 Middlesex Tpk. Board of Health regulation violation Present was Orlando Versari, General Manager of Besito. Ms. Johnson said there has not been a certified protection manager (CFPM) on site during all hours of operation as per BOH regulations and an appearance letter to come before the BOH was sent to Besito. She said on August 29, 2014 during a routine inspection the person in charge (PIC) was not a CFPM and this was cited as a violation and a warning was issued, and the regulations were explained when the CFPM arrived during the inspection. On February 20, 2015 during a second routine inspection there was no PIC on site. There was also no CFPM which was a repeat violation within a six month time period. At that time the restaurant was open, and Ms. Johnson was told the manager would be in at 10:00. An order to appear before the BOH was sent to the restaurant. Dr. Saltsman said the BOH protects the town based on regulations, and a CFPM is crucial, and wanted the situation to be corrected. Dr. Weiner said the Burlington Mall is a top mall, and the situation was unfathomable. Ms. Johnson read the Order to Correct which included that the manager enroll PIC's into a CFPM class within 60 days. Mr. Versari said the staff is being trained and three members were certified as of March 9, 2015, and documentation was provided. BOARD OF HEALTH MEMBERS: WAYNE SALTSMAN, MD, PHD, CHAIR LIBBY WALENDZIEWICZ, RN, MSN, VICE CHAIR JIM DION ED WEINER, PHD MARIBETH WELCH

2 Ms. Welch asked if they were adequately staffed, and Mr. Versari said they were. Motion: Dr. Weiner moved to accept the Order to Correct with eight conditions as written for Besito, 75 Middlesex Turnpike. Seconded by Ms. Welch and approved. (4-0-0) Charley s Grilled Subs, 75 Middlesex Tpk. Board of Health regulation violation Present was Hae Chang (Ambrose) Jeong, owner of Charley's Grilled Subs. Ms. Johnson said there has not been a CFPM on site during all hours as per BOH regulations, and an appearance letter to come before the BOH was sent to Mr. Jeong. This establishment opened January 23, On February 25, 2014 the owner was advised that he did not have adequate CFPM coverage. On June 6, 2014 enrollment documentation for classes in July was provided to the BOH, but the PIC did not pass the exam. On August 27, 2014 the owner informed Ms. Johnson the PIC would be enrolled in another class and she would be kept apprised. On February 19, 2015 the owner was not on site. The PIC who had failed the test was on site and said he did not know when he would be retesting. The establishment was cited for having no CFPM on site, and an order to appear before the BOH was sent to the establishment. Dr. Saltsman asked Ms. Johnson for a recommendation. She replied that the food code allows for a variance if the employee does not pass the exam two time, The health agent would conduct an oral test with the PIC demonstrating how food safety is performed. Dr. Saltsman was concerned this could set precedent. Dr. Weiner said this is a major food court and he is not comfortable that they are not upholding the regulations nor providing assurances that the PIC will receive certification. Ms. Johnson read the Order to Correct which included that the PIC enroll in a class to retake the exam within 60 days. The restaurant can request a variance if the employee does not pass the exam, although there has never been a variance in the past. A discussion ensued with Dr. Saltsman stating his concern about the potential for the PIC to fail the retest and a variance will come before the BOH. Dr. Weiner said he did not want to get involved in a state issue, but expects a request for a variance may come before the BOH. Motion: Dr. Weiner moved to approve the Order to Correct with the three conditions as written for Charley's Grilled Subs, 75 Middlesex Turnpike. Seconded by Mr. Dion and approved. (4-0-0) II. Variance ipizza/fruitberry, 34 Cambridge St. external grease trap one year review Himanshu Shah, owner, informed the BOH that he changed the name of his establishment from Fruitberry Frozen Yogurt to ipizza. They will still be serving frozen yogurt and personal sized pizzas. He was present seeking BOH approval for a permanent external grease trap variance. They received approval for March 10,

3 a temporary grease trap variance, under the name of Fruitberry Frozen Yogurt, on April 23, Ms. Johnson said they are in compliance. Mr. Shah said they have an extra large grease trap and they do not throw grease into the drain. Weiner reminded him to continue to keep logs. Dr. Motion: Ms. Welch moved to approve a permanent external grease trap variance with the six conditions as read for IPizza, 34 Cambridge Street. Seconded by Mr. Dion and approved. (4-0-0) III. Discussion 1. Adoption of Regulations for Stormwater Management and Runoff and 2. Rescind Regulations on Drainage Permits Ms. Lumenello said a discussion on the adoption of revised Regulations for Stormwater Management and Runoff took place at the September 23, 2014 BOH meeting. She said comments were received from other town departments as well as town counsel and added into the revised regulations. A marked up version of the draft regulation was included in the board books for review. At this time she is recommending that the BOH vote to rescind the previous regulation and, if the BOH is satisfied, to take a second vote to adopt the new version. Under the revised regulations drainage permits are no longer a requirement but a Stormwater and Runoff Management Plan is to be submitted to the BOH in accordance to Section 4 of the revised regulation. Dr. Weiner noted that this change was properly advertised and staff met with the proper boards and town counsel. Motion: Dr. Weiner moved to rescind the current Regulations on Drainage Permits for the purpose of approving the new Regulations for Stormwater and Runoff Management. Seconded by Ms. Welch and approved. (4-0-0) Motion: Mr. Dion moved to adopt the new Regulations for Stormwater and Runoff Management. Seconded by Ms. Welch and approved. (4-0-0) Purchase of Flu Vaccine for Dr. Weiner recused himself from the proceedings as he works for the pharmaceutical company that produces the flu vaccine. The Director's report on flu vaccine purchase was reviewed, and Dr. Saltsman noted that for the past two years there have been no remaining doses and asked if the town is purchasing enough to serve the community. Ms. Lumenello said the community is being served but more can be done. The state has reported it will be providing Quadravalent flu vaccine for children only. It is the Director's recommendation to private purchase 600 doses of 10-dose vials of Quadravalent fluzone. She said that 25% of unused doses may be returned. The number of private purchase doses last year was 500. March 10,

4 During a flu clinic it is difficult to have a children's only line, and she recommended offering a children's only flu clinic using the State supplied flu mist. Earlier clinics could be held for town employees and emergency responders. She said there will be an emergency preparedness flu clinic, and a "family" line could be considered. The BOH agreed with the request to private purchase 600 doses of 10-dose vials of Quadravalent fluzone. IV. Staff Reports Health Agent The BOH noted the large amount of inspections conducted and complaints received. Motion: Ms. Welch moved to approve the Health Agent's report. Seconded by Mr. Dion and approved. (4-0-0) Environmental Engineer 110 Burlington Mall Road: The application for a minor engineering change for 110 Burlington Mall Road was declined by the Planning Board (PB) as being not appropriate for the scope of the work they are doing. The applicant is redoing the parking lot, and they requested a curb cut onto Lexington Street from the parking lot. They will go back before the PB for a site plan approval. New England Executive Park (NEEP): NEEP has outstanding BOH conditions that have not been met to allow the issuance of a building permit. No building permits affecting these conditions have been issued. They are expected to submit to the BOH a vapor barrier assessment before construction commences. Ms. Mathis responded to Dr. Weiner's inquiries about remediation at the following sites: 15 Adams Street, former Jerguson Gage & Valve Facility: Natural biodegradation continues to take place at this site and contamination levels are going down. 43 and 63 South Avenue, former M/A-COM, Inc.: remedial actions using in situ chemical oxidation and monitored natural attenuation continue to reduce contaminant concentrations. 118 Cambridge Street, former Exxon Station: Treatment of the groundwater with Oxygen Releasing Compounds (ORC) continues at the site with monitored natural attenuation. Levels of contamination continue to decrease. Motion: Mr. Dion moved to approve the Environmental Engineer's report as submitted. Seconded by Ms. Welch and approved. (4-0-0) Director of Public Health Rabies Vaccination Day: Ms. Lumenello said the BOH sponsored annual rabies vaccination day was being held on Saturday, March 21, 2015 from 8:00 am to 12 noon at the Department of Public Works Highway Garage on Meadow Road. The vaccinations will be administered by Dr. Mian of the Merrimack March 10,

5 Animal Hospital, Lowell. Burlington's dog officer would be present to assist. In conjunction with the clinic, the Town Clerk s office will be licensing Burlington dogs. Sprinkler Release: On February 17, 2015 there was a sprinkler head release into the Nurse's Office. Damaged items were inventoried for insurance purposes. Supplies in the amount of approximately $35,000 were lost. The office will be repainted and a new rug is expected to be installed by the first week of April Annual Report: The BOH department's 2014 annual report was submitted. The reports this year were asked to be shorter and to include goals and statistics. Ways & Means: The Ways & Means subcommittee was satisfied with the submitted budget. Motion: Dr. Weiner moved to approve the Director of Public Health's report as submitted. Seconded by Mr. Dion and approved. (4-0-0) Dr. Saltsman was congratulated on his appointment to Lahey Hospital & Medical Center's Massachusetts Board of Registration of Nursing Home Administrations. Dr. Saltsman said he is pleased to be working on that board. Adjourn Motion: Mr. Dion moved to adjourn at 8:00p.m. Seconded by Ms. Welch and approved. (4-0-0) Respectfully submitted, Betty McDonough Recording Clerk March 10,