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HomeMy WebLinkAbout2022-08-16-BOH-min 1 LEXINGTON BOARD OF HEALTH MEETING MINUTES Tuesday, August 16, 2022 6:30 pm Conducted by Remote Participation Approved 09-28-2022 Board of Health Members in Attendance: Wendy Heiger-Bernays Chair, PhD, Burt Perlmutter, M.D., Jillian Tung, M.D., M.P.H. Board of Health Member Absent: Susan Wolf-Fordham, J.D. MPA, David Geller, M.D. Select Board (Liaison): Mark Sandeen Office of Public Health Attendees: Joanne Belanger, RN, Public Health Director, Alicia McCartin, Assistant Health Director, Jessica Shah, Health Agent, Siqing Pan, Department Assistant Office of Public Health Attendees Absent: Kelliann Coleman, Public Health Nurse Documents: Draft BOH meeting minutes 6-28-2022 DRAFT ARTICLE XVII, Body Art Establishments and Practitioners [Adopted effective 7-30-2001; amended 1-16-2002] amended 2022 DRAFT ARTICLE X, Private Wells [Adopted effective 11-18-1998; amended 2022] DRAFT ARTICLE XII, On-Site Sewage Disposal Systems [Adopted effective 9-14-1999] Fee Schedule, Effective February 1, 2022; Amended April-19-2022 Lexington Covid data Since June 9th – August 11th, 2022 LABBB Covid-19 Data Summary – Lexington High Schools July 3rd – August 12th, 2022 Tobacco Control Report in June Environmental Health Report – Jessica Shah Environmental Health Report – Alicia McCartin Health Director Report – Joanne Belanger Massachusetts Department of Public Health Arbovirus Surveillance Program Report Application letters for emergency permit to address beaver conditions at 0 Cedar Street & 0 Ivan Street ServSafe Certification from Jessica Shah Meeting Called to Order: Board of Health meeting of August 16, 2022 was called to order by Dr. Heiger-Bernays at 6:32 pm. Minutes Approval Dr. Perlmutter made a motion to accept the minutes on June 28th, 2022 with the edits. Dr. Tung seconded. Roll Call Vote: Dr. Perlmutter – Yes, Dr. Tung – Yes, Dr. Heiger-Bernays – Yes. Motion carried 3 to 0. All in favor. Unanimously moved. Open Forum (2 minutes per person, state your name and address) None 2 Dr. Heiger-Bernays made a motion to take the discussion of On-site Sewage Disposal Systems first in the list of the regulations. Dr. Perlmutter seconded. Roll Call Vote: Dr. Tung – Yes, Dr. Perlmutter – Yes, Dr. Heiger-Bernays – Yes. Motion carried 3 to 0. All in favor. Unanimously moved. Review DRAFT Proposed Regulation Revisions: On-Site Sewage Disposal Systems Code of Lexington Chapter155 Article XII, § 155-91. System maintenance Ms. Belanger provided the draft proposed regulations of on-site sewage disposal systems (Code of Lexington Chapter155 Article XII, § 155-91. System maintenance) for Board’s review and approval. She also explained that the wording “disposal systems must be pumped every 3 years” indicates that the septic does not need to be pumped out every year, which is in conflict with current Title V. Every septic tank or cesspool shall be pumped whenever necessary to ensure proper functioning of the system. The septic should be pumped out depending on the size of the system. Dr. Tung asked about adding wording such as “no less frequently than X number of years”. Ms. Belanger stated pumping frequency is a function of use, although pumping is typically necessary at least once every three years, and it is recommended to pump annually. Dr. Perlmutter made a motion to adopt the proposed revisions to the On-site Sewage Disposal System regulation. Dr. Tung seconded. Roll Call Vote: Dr. Perlmutter – Yes, Dr. Tung – Yes, Dr. Heiger-Bernays – Yes. Motion carried 3 to 0. All in favor. Unanimously moved. Dr. Heiger-Bernays inquired about the process and will the homeowner who has a septic be notified of this revision. Ms. Belanger stated Ms. Shah is working on the septic records to make sure information we have matches the septic map. It is planned to send a reminder letter to homeowners who have septic systems, especially cesspools, because there’s been a lack of pumping records sent to the Health Office. Body Art Establishments and Practitioners Code of Lexington Chapter155 Article XVII Ms. Belanger and Ms. McCartin provided the draft proposed regulations of Body Art Establishments and Practitioners (Code of Lexington Chapter155 Article XVII) for Board’s review and approval. Ms. McCartin also explained the proposed changes and stated the proposed definitions come directly from the model Body Art regulation that the State provides. Dr. Heiger-Bernays inquired about § 155-123 operation of body art establishments. Ms. McCartin stated the section A and B is for a Body Art Plan Review. It means any new body art establishment must submit the body art plan review. The Health Department will review their plan to make sure it is sufficient, which is similar with the food establishment plan review. Dr. Heiger-Bernays also clarified that once the body art plan review has been approved, then the applicant can apply for the body art establishment and body art practitioner permits. 3 Dr. Heiger-Bernays then commented on the Part B of § 155-123 requirements for single-use items and where these single-use cups and their contents would be disposed of, upon completion of the tattoo. Ms. McCartin stated those are all non-biohazard and could be put in the trash. Dr. Tung clarified the § 155-129, would it be issuing one permit or two separate permits. Ms. McCartin stated they are two separate permits because some establishments have 2 or 3 practitioners and each practitioner has to have its own permit. Dr. Tung had questions with regard to permitting the practitioner. Ms. McCartin stated the applicants must show the proof of working in a previous body art establishment, or a previous permit issued by the Lexington Board of Health. The applicants need to show CPR, First Aid, Blood Borne Pathogens certificates, proof of passing Anatomy and Physiology classes, and proof of at least 2 years or 2400 hours experience. Dr. Tung stated she did not see anything specifically referring to possible allergic reactions to the dye or components of the pigment. She was not sure how often that kind of allergy occurs, but she would like to know that the practitioner would be able to recognize signs of a reaction that would require medical intervention. Ms. McCartin stated she will double-check. Ms. Belanger suggested allergy or allergens could be added on § 155-129 F. 2. d. Skin disease disorders and conditions (including diabetes). Dr. Perlmutter inquired about CPR training. Ms. McCartin stated they have to pass the basic CPR course. CPR certificate has already in the current regulation. Ms. McCartin stated item C “Applicants denied a permit may reapply at any time after denial” was taken out of § 155-130, Grounds for suspension, denial, revocation or refusal to renew permits. And the wording “and shall supersede all existing body art regulations promulgated by the Board of Health” was added after “These regulations shall be effective as of January 16, 2002” of § 155- 135. Effective date. The biggest change was putting in actual experience for the practitioners of § 155-129. It will make sure that practitioners have proof that they have completed 2400 hours (two years) of actual experience, when they apply for permits. The other added item of § 155-129 E was “Hepatitis B vaccination documentation or proof of immunity”, which was recommended in the model regulation and other communities. Ms. Belanger stated the final proposed regulations will be reviewed with changes highlighted in red, and the effective date will be discussed with final review in next meeting. Private Wells Code of Lexington 155 Chapter Article X Ms. Belanger provided the draft proposed regulations of private well (Code of Lexington 155 Chapter Article X) for Board’s review and approval. Dr. Heiger-Bernays inquired about § 155-72. Ms. McCartin stated it follows the State Model Well Construction Permit regulations. 4 Dr. Heiger-Bernays inquired about § 155-75. Water quality. Ms. McCartin stated it is about what should be tested for the geothermal wells and irrigation wells. It will be revised to “Prior to approval of the well as a potable water supply” as per Dr. Heiger-Bernays’ comments. Dr. Heiger-Bernays suggested to add PFAS to water quality testing standards (§ 155-75.A) to follow Massachusetts maximum contaminants levels. She revised part B “National Interim Primary and Secondary Drinking Water Standards:” to “Massachusetts maximum contaminant levels (primary and secondary drinking water standards)”. She also stated manganese should be moved from a secondary standard to a primary standard. Dr. Heiger-Bernays clarified the testing of E. Coli bacteria and Nitrate/Nitrite with regard to the irrigation well. The owner has responsibility to test E. Coli bacteria and Nitrate/Nitrite. Dr. Heiger- Bernays suggested it should be put for recommendation for irrigation well. She also advised that it should be recommended more frequent sampling if the irrigation well is within 400 feet of a Hazardous Waste site or near a septic system. Ms. Belanger confirmed that a potable (drinking) water well is tested once the well is dug. Ms. McCartin also stated that the well will be tested when transfer of the deed. Mr. Sandeen stated Fiske school and Harrington school had geothermal wells 6 or 7 years ago. Dr. Heiger-Bernays stated they never approved geothermal wells from the schools. They only approved 2 variances of geothermal wells for new houses. Ms. McCartin stated there are still homeowners of 12 houses in Lexington drink water from wells. She also pointed out the wording of “The well is not the primary source of potable water and municipal water is available to provide a source of potable water” has been listed in § 155-78 B.7. Dr. Tung inquired about in the context of whether one property has to connect to the Town water supply system (§ 155-72 B). Ms. McCartin stated any new dwelling would have to tie into Town water within 500 feet. And there was no enforcement piece to this. Enforcement, hearing, and penalty section were added to § 155-80, which is similar with other communities. Dr. Heiger-Bernays inquired what is the obligation to release those water test results to the renter if the house rented with a private well. Ms. Belanger stated that is under the housing code. Ms. McCartin stated “The owner of every well used for drinking water including properties that are rented or leased shall have its water tested at a minimum once a year”, which was included in § 155-75 D. Dr. Heiger-Bernays stated it is expensive to do annually. Fee Schedule Update: Title V Inspection Report Filing Proposed: $30 fee Ms. Belanger explained the fee schedule updates on permit of Title V Inspection Report Filing. The proposed permit fee is $30. Dr. Perlmutter made a motion to accept the fee schedule (amended in April 19, 2022). Dr. Tung seconded. Roll Call Vote: Dr. Perlmutter – Yes, Dr. Tung – Yes, Dr. Heiger-Bernays – Yes. Motion carried 3 to 0. All in favor. Unanimously moved. 5 New Body Art Establishments: Pretty Chic Studio Body Art Ms. McCartin briefly introduced the new body art establishments: Pretty Chic Studio Body Art, at 675 Lowell St Suite #11. Everything was good with that inspection based on the previous regulations. It will perform permanent cosmetics in the form of microblading. COVID 19 Status and Discussion Ms. Belanger provided the updates about Lexington Covid data (June 9th – August 11th, 2022) and LABBB Covid-19 Data Summary (July-August 2022). She also introduced the latest isolation and quarantine policy from CDC. Dr. Heiger-Bernays reiterated the importance of wearing mask and ventilation for Covid-19 prevention. Mr. Sandeen inquired are the in-home rapid tests still available. Ms. Belanger stated the rapid test kits ordered in February were all gone, but over 5,000 kits came in June are still available. There are five places (Town Office Building, Fire Department, Police Department, Community Center, Visitors Center, and Public Services Building) to allocate those free test kits without any restrictions. Mr. Sandeen stated the Select Board would be quite open to using funds for buying more test kits. Tobacco Control Report The Tobacco Control Report for June was reviewed. There were no questions from Board. Ms. Belanger also provided the recruiting information of Tobacco Control Compliance Inspector. Health Staff Reports Ms. McCartin provided her environmental health report of July and August. She stated the flu clinics were scheduled to be held at the end of September and in the beginning of October, 2022. She also provided information regarding the inter that was working on a community needs assessment. She has returned back to college, but is interested in continuing her work with the Health Office. Ms. Belanger also provided the environmental health report from Ms. Shah. Dr. Perlmutter inquired about the follow up of those critical violations in the report. Ms. McCartin stated Ms. Shah has gone back to all those facilities and done the re-inspections, and they have been in compliance with the critical violations. Ms. Shah attended a Servesafe course last week, and now is Servesafe certified. Ms. Belanger provided her monthly report. Dr. Heiger-Bernays inquired the emergency beaver permits information. Ms. Belanger stated the beaver permits extended because of timeframe expired. Ms. Belanger introduced the program OUTBREAK at the Public Health Museum and Region 4A MRC transition group. She was appointed as the chair of transition team. She also provided Massachusetts Department of Public Health Arbovirus Surveillance Program Report. If there was a positive pool of mosquitos found in Town, we would be notified. 6 The Board discussed the transformer explosion in Lexington Center, which sparked a large fire and forced street closures. Ms. Belanger provided an update of the follow up to that transformer explosion. Mr. Sandeen stated Town Manager sent a report from Eversource to the Select Board on August 11th, 2022. Dr. Heiger-Bernays stated the follow up soil data of that explosion should be updated promptly to Board of Health and Health Director. New/Old Business The Board agreed to table the discussion of Vice Chair position. Ms. Belanger introduced a health fair hosted by Brookhaven to be held at the Scottish Rite Museum in October 12th, 2022. Lexington Health Department will set up a table there and will offer flu vaccine. Adjournment Dr. Perlmutter made a motion to adjourn at 8:40pm. Dr. Tung seconded. Motion carried 3 to 0. All in favor.