Board Members Present: Libby Walendziewicz, RN, MSN Vice-Chair (Acting Chair); Jim Dion; Terry McSweeney; Ed Weiner, PhD

Not Present: Wayne Saltsman, MD, PhD

Staff Members and Others Present: Susan Lumenello, Director of Public Health; Andria Nemoda, Supervising Nurse

Ms. Walendziewicz, Acting Chair, called the regular Board of Health (BOH) meeting to order at 7:00 pm.

Approval of Minutes:

September 11, 2012:Regular Meeting (postponed from 10/9/12)

Motion: Dr. Weiner moved to approve the minutes of September 11, 2012. Seconded by Mr. McSweeney and approved. (3-0-1)

September 27, 2012:Regular Meeting (postponed from 10/9/12)

October 9, 2012:Regular Meeting

Motion: Mr. McSweeney moved to postpone approval of the minutes of September 27, 2012 and October 9, 2012. Seconded by Dr. Weiner and approved. (4-0-0)

Subcommittee Report:

Dr. Weiner reported that the subcommittee to interview candidates for the Environmental Engineer position would resume the next day.

1. Applications

▪Application for Approval of a Definitive Subdivision - 26 Beacon Street and 21 Peach Orchard Road (aka Peach Lane)

Bill Proia, Riemer & Braunstein, LLP, Burlington was present representing the property owner. Also present was Charles Mihok, Peach Orchard Place, LLC representing Brickpoint Properties and Katie Enright, Project Engineer, Hancock Associates. This plan was recently reviewed again by the BOH subcommittee. Discussed were changes to the sidewalk location and the loop water main.

Ms. Enright explained that they are changing the detention area to underground and adding a sidewalk out to Peach Orchard and are requesting a full looped water main back to peach Orchard. The sidewalk was added into the drainage calculations.

Ms. Lumenello said that the eleven comments are the same as the previously submitted plan already approved by the BOH.

Motion: Mr. McSweeney moved to approve the application for Approval of a Definitive Subdivision for 26 Beacon St. and 21 Peach Orchard Rd (aka Peach Lane) with correspondence as presented. Seconded by Mr. Dion and approved. (4-0-0)

▪Application for Approval of a Special Permit - 90 Middlesex Turnpike

Attorney Robert Buckley, Riemer & Braunstein, was present representing the property owner. Also present was Eric Gerarde, Stephenson Design Group. Mr. Buckley stated that this address was the site of the former Burlington Dodge, and this application is for a Special Permit for permitted uses under an approved PDD.

Ms. Lumenello said that she spoke with David Crispin, the LSP of record. Mr. Crispin is also the LSP of record for the property owner. A lot of work has been done at this site since the BOH had seen previous plans for another entity. The soil has been encapsulated and soil has been stockpiled and will be reused, and the comment referencing this was removed. The other comments are the same as on the another applications submitted in 2009.

A letter was provided to the BOH by Mr. Crispin who had reviewed the BOH comments. Vapor barriers will be put in place in order to be cautious.

Mr. McSweeney asked if they had accepted all the comments, and Mr. Buckley said they had.

Dr. Weiner was satisfied with the vapor barrier consideration. Ms. Lumenello said it is not a condition. Mr. Buckley responded that they will be installing it even though it is not listed as a condition.

Mr. Lumenello said that in the opinion of the LSP, it is recommended that the slab in the area of the plume also include a vapor barrier. Mr. Buckley responded that there was no objection to this request. Dr. Weiner recommended that it be added into the conditions.

Motion: Mr. Dion moved to approve the application for a Special Permit, 90 Middlesex Turnpike with the addition of a condition, #20, that a vapor barrier be installed in the area of the plume. Seconded by Mr. McSweeney and approved. (4-0-0)

Discussion

▪1 Mulberry Lane - Housing Code Violations

Present were David Russman and Deborah Perelli, representing Peacetime, LLC, representing Peacetime, LLC. Ms. Lumenello said that an email had been received from Gary Kvintus, lawyer for Peacetime LLC, London, which outlined the violations and which ones have been corrected. She continued that the violations currently uncorrected, per the BOH order, were: loose tiles, the storm door not closing, exterior wooden frames and trim rotting and in disrepair, and several windows without screens.

Mr. Russman said four contractors had been to the address to view the window situation, and all four backed out. They are speaking with a fifth at this time. He continued that his concern is that replacement for the windows could take up to six weeks because it will be custom work. He is not confident that they can be replaced in the winter.

Ms. Walendziewicz asked if there were contractors for the remaining violations, and Mr. Russman responded that there were none committed, but, he added, not for lack of effort on his part.

The BOH reviewed the newest issue, the backstairs, and Mr. Russman said that the Building Department is reviewing the scope of that situation. Mr. McSweeney asked if there was a chance it could be corrected, and Russman responded that there may be an issue if the contractors have to step on the property.

Dr. Weiner said he was disappointed that the tenant was not present for this meeting. Attempts are being made to correct situations, but there appears to still be a barrier. The tenant made the complaint and asked the BOH to intervene and now the tenant will not allow the violations to be corrected.

Mr. McSweeney and Dr. Weiner agreed that someone from the family should be present representing the property owner and to intercede so that this issue may be closed.

The BOH considered allowing a continuance of sixty days to have all the violations, as listed by the BOH, corrected. The stairs should also be corrected within the sixty day period, however, this is under the jurisdiction of the building department.

Motion: Dr. Weiner moved to grant a sixty-day extension to Peacetime LLC in order to correct all the discussed issues and outstanding violations involving 1 Mulberry Lane. Seconded by Mr. Dion.

Discussion: The violations that are still outstanding on the BOH’s correction notice are numbers 2, 4, 8, and 9. The stairs are also to be corrected however, this is under the jurisdiction of the building department.

The motion was approved. (4-0-0)

▪15 Birchcrest Street - Emergency Planning

Present to address the BOH were Mike Austin, Chairman of the Burlington Housing Authority (BHA) and BHA member, Bunny Ferguson.

Ms. Lumenello explained that the BHA was asked to come before the BOH to review complaints the BOH received on October 9 regarding there being no heat at the main building since October 3. The heating system was being replaced, with the work being started on the Friday prior to Columbus day weekend and the work was unable to be completed. She contacted the office and BHA members, but there appeared to be a lack of communication. Mr. Austin added that the emergency plan is out of date.

Dr. Weiner commented that he was also disappointed with the initial lack of response he received from the BHA and stated it was necessary to call the state housing department.

The BHA was asked to come before the BOH in order to discuss a contingency plan that would be shared with the employees at housing, the Board of Health, emergency response departments, as well as other necessary departments in town.

Mr. Austin explained that they had received a grant to replace the heating systems. He acknowledged that they are identifying and understand the key issues of importance with respect to cooperation and communication between the BHA and the town.

Ms. Walendziewicz reminded Mr. Austin that the BHA is subject to certain regulations of the town.

Mr. McSweeney asked that a copy of the existing plan be submitted to the BOH and other necessary departments and Mr. Austin agreed.

Dr. Weiner thanked the members for attending the meeting and appreciated the open dialog. Mr. Austin said the existing emergency plans are out of date and the COA director and members of the fire department will act as liaison in the installation of an up to date emergency plan. The BOH would also review the new plan. Mr. Dion suggested that the state be contacted for assistance with an appropriate plan.

Ms. Walendziewicz recommended that the final plan be reviewed on a regular basis to keep it up to date, and Mr. Austin agreed.

Staff Reports

►Health Agent's Report

The members appreciated the well-written, detailed report.

Motion: Dr. Weiner moved to approve the Health Agent’s reported dated October 23, 2012. Seconded by Mr. Dion and approved. (4-0-0)

►Nurse's Report

Flu Vaccine: The department started with a supply of 700 doses and 603 doses have been provided. October 24 a clinic for town employees is planned. A list has been started and people are invited to call and be placed on the list to receive their vaccine. Dr. Weiner asked if the state has available vaccines, and Ms. Nemoda replied that it does for local boards of health providers.

Flu Clinic: Ms. Nemoda said that Lexington is planning a flu clinic at the Burlington Mall in January and Burlington has been invited.

Fire Department: Ms. Nemoda said she sent a memo to Fire Chief Yetman regarding the event of a power failure and the generator does not work. There is a need for a designated area for vaccine storage use only. The BOH would be responsible for its transport to the selected location. She thanked the Chief for his support. Ms. Walendziewicz said it must be clearly stated that the items are to be secured.

Reimbursement: Dr. Weiner asked if the town is submitting for reimbursement for town employee vaccines, and Ms. Nemoda said reimbursement is being requested.

2010 Legislation: A law passed in 2010 charging the Massachusetts Department of Public Health to keep an immunization registry. A sample was distributed to the BOH, and the town can sign up and register.

It was recommended that Ms. Nemoda research more information on this registry.

Motion: Dr. Weiner moved to approve the Nurse’s Reports dated October 9 and October 23. Seconded by Mr. Dion and approved. (4-0-0)

►Director of Public Health's Report

MEMA Emergency Plan: Ms. Lumenello said she attended a meeting with other town departments to review the town’s emergency plan. She will be meeting with Assistant Fire Chief Patterson to discuss updating the town’s plan as well as the BHA plans.

Motion: Mr. McSweeney moved to accept the Director of Public Health’s Report. Seconded by Mr. Dion and approved. (4-0-0)

Bendali Dahdah arrived at the meeting during the Staff Report discussions. Mr. Dahdah was asked by the BOH if he would allow the necessary work to be corrected, without his interference, if Peacetime found contractors to work at the home, and he said yes, he would allow.

Adjourn:

Motion:

Mr. McSweeney moved to adjourn at 8:40p.m. Seconded by Mr. Dion with all in favor. 4-0-0

Respectfully submitted,

Betty McDonough

Recording Clerk

Board of Health Minutes

October 23, 2011 1.