Determining the response it received from Golden Pond Assisted Living was not adequate, the Board of Health on Thursday voted to bring in officials from the facility for a public hearing.

“We clearly do not appreciate [them] trying to stonewall and not being upfront about the issues they’re having, because those issues are documented,” said chair Nasiba Mannan.

Thursday’s meeting came after the Board of Health received a response from Golden Pond in regard to an order of conditions it submitted to the organization on Oct. 14. The order required corrections to Golden Pond’s heating system and excessive indoor temperature issues that have persisted since Oct. 1.

Heating issues at Golden Pond were observed following the death of an 86-year-old resident on Sept. 30. Public safety officials indicated that they found the thermostat in her room read 99 degrees at the time. Subsequent visits from emergency crews and town officials in the following weeks found elevated temperatures in the building and an increase in medical transports from the facility.

Golden Pond was set to have its heating system fixed on Oct. 15. Officials from the Executive Office of Aging and Independence (AGE) ordered the organization to pause admission on Oct. 23 following inspections from state officials.

In a response letter to the Board of Health, which was obtained by the Independent, Golden Pond director of operations Doug Noble claimed the facility’s changeover from air conditioning to heating occurred “without incident” and pointed to temperatures outside the building as the cause for excessive heat. He also cited “the drastic changes in New England weather and effects of overall climate change” as factors.

The letter goes on to argue that “at no time was the heating system at Golden Pond malfunctioning” nor did it cause temperatures to exceed the 78-degree threshold as required by state law.

Health Director Shaun McAuliffe told the Board of Health during its meeting on Thursday that he had spoken to representatives of local and regional health authorities about the issues at Golden Pond. He reported receiving a consensus opinion that the board should hold a public hearing and meet with Golden Pond in order to address the issues and then ask for a timeline on the corrective actions.

“I want an after-action report,” said McAuliffe. “I want to know what physical changes, modifications [or] whatever were made to the system so that it will not go out of compliance in the shoulder season.”

He added that the Massachusetts Department of Public Health had made it clear to Golden Pond that opening or closing windows is not an acceptable remedy for heating issues per the housing code. The facility must make modifications so that its heating system will self-control and not exceed 78 degrees, he stressed.

Prior to the vote, board members debated the merits of holding a public hearing and the limits of its regulatory authority in comparison to the state.

“We need to be cognizant to the fact that if we take certain actions, it may require an administrative closing of the facility,” McAuliffe warned. Other potential impacts include the facility being placed in a receivership or condemnation of certain parts of the building. These actions could result in residents being moved out of the facility, he noted.

Member Malcolm Smith raised concerns about making sure current Golden Pond residents were both aware of the issues occurring with the organization and they had a safe environment in which to to live while local and state officials took action.

Public health nurse Simone Carter echoed Smith’s concerns. “Families should be aware that there are real safety concerns here,” she said. Carter also cautioned the board that it should “very steadily proceed” or risk these concerns being swept under the rug.

“Our enforcement will fall apart if we don’t follow the prescribed steps,” vice chair Mary Jo Ondrechen agreed.

“We have to be cognizant of the residents and try to protect them — that’s our duty,” said Mannan. “We also need to do everything that is legally required and in our authority.” Mannan also pushed back against a suggestion to give Golden Pond time over the winter to work on its heating system, stating she wanted the organization to reach compliance faster. 

The board voted unanimously to move forward on a public hearing with Golden Pond representatives. It also voted to issue a press release informing residents of the board’s concerns with Golden Pond’s response and what it believes are the necessary actions to move forward. A date for the hearing was not set, though McAuliffe said the notice period was about two weeks.