Loading...
HomeMy WebLinkAbout2022-12-20-BOH-min 1 LEXINGTON BOARD OF HEALTH MEETING MINUTES Tuesday, December 20, 2022, 6:30 pm Conducted by Remote Participation Board of Health Members in Attendance: Wendy Heiger-Bernays Chair, PhD, Burt Perlmutter, M.D., Jillian Tung, M.D., M.P.H., David Geller, M.D. (Left meeting at 8:35 pm) Select Board (Liaison): Mark Sandeen Office of Public Health Attendees: Joanne Belanger, RN, Public Health Director, Alicia McCartin, Assistant Health Director Documents:  Draft BOH meeting minutes 11-15-22  Septic Cesspool and Drinking water/irrigation well location Project  1st Read: Recreational Camps for Children- Draft Regulations Article XX- code of the Town of Lexington  Food Establishment- Alexandria’s Convenience Store-  Food Establishment- Variance request- 1. 10 Maguire RD- 2. 1050 Waltham ST-  Request for hearing – 5 April Lane Apt 11 Section 410.850 (B)of Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter II)  Tobacco Control Update  Flu and Covid -19 Update  Health Staff Reports- 1. Environmental Health 2. Community Health 3. Director Reports  Opioid Settlement  Community Health Needs Assessment Meeting Called to Order: The Board of Health meeting of December 20, 2022, was called to order by Dr. Heiger Bernays at 6:31 pm. Minutes Approval 2 Dr. Heiger- Bernays made a motion to accept the minutes on November 15th,2022 as written. The motion was seconded by MD Jillian Tung. Open Forum (2 minutes per person, state your name and address) None Septic / Cesspool and Drinking Water/ Irrigation Well location project Jessica Shah created a mailing list to private property owners that have Septic and Wells Systems. Ms. Shah mailed a total of 161 private septic letters to the owners of the property. 25 private septic property owners contacted the Health office informing the office they are on town sewer and not Private Septic. 41 private septic property owners contacted the Health Office to confirmed they are on private septic system, and have provided the Health Office with their most recent pumping records within the past 3 years. The Health office is waiting for a response back from 95 private septic property owners. Ms. Shah mailed a total of 185 private Wells letters to the owners of the property. 7 private Wells property owners contacted the Health office informing the office they are on town sewer and not Private Wells. 33 private Wells property owners contacted the Health Office to confirmed they are on private septic system. The Health office is waiting for a response back from 145 private Wells property owners. Ms. Shah gave an update on the private property drinking Well that have private Septic systems that there are 3. There are 84 private Wells property owners that are still unknow due to no response to the letters. 1St read Recreational Camps for Children- Recreational Camps for Children is one of the areas of the state sanitary code that we regulate. Ms. Belanger stated we would like to strengthen some areas that may be lacking. Ms. Belanger and Ms. McCartin answered questions from the Board regarding the additions of time frames and staffing. No changes were made. Next month will be a public hearing for the new local regulations. Food Establishment – Update Alexandria’s Convenience Store- 335 Woburn Street: Attorney Richard Mucci Spoke on behalf of Manraj Pabla the owner of the establishment. The topic is an update from last month’s meeting on 11/15/22, at which was discussed getting a food consultant, and the ongoing food violations. The Board of Health suggested strategies to get the business back in compliance to hopefully get the business open and running functionally. The Board of Health requests that the food consultant provides the Health Department with monthly reports on the inspections that are completed over the next several months. Food Establishment- Variance request”: FDA Food Code 3-502.11 (specialized Processing Method – Sous Vide) Craft Food Hall- Ms. McCartin reviewed with the Board the variance request for both 10 Maguire Rd and 1050 Waltham St. Present at the meeting to represent Craft Food Hall was Gardy Desrouleaux and Courtney Steeves. 3 Dr. Tung made the motion to grant the variance to Craft Food Hall Projects at 1050 Waltham Street, and 10 Maguire Rd to perform reduced Oxygen Packaging for Sous Vide food Cooking Techniques given that the HACCP plan in its entirety is followed on a daily basis. Craft Food Hall project must send to the Lexington Health Department their date, time, and temperature logs on a monthly basis for 6 months. The Board of Health will review to determine the continuation after 6 months. Only ServSafe-certified employees will be able to prepare the food items using the Sous Vide techniques and Craft Food Hall project. All copies of employees, and serve safe certifications must be submitted to the Health Office. Craft food hall projects must submit paperwork stating that all staff has read and understand the HA CCP plan and that once training is complete a training document to sign and kept on file for each employee stating they understand all aspects of the HACCP Plan Craft Food Hall Project must send a copy of the signature page to the Lexington Health Department. The motion was seconded by Dr. Geller. The Board voted unanimously to grant the variance. Request for Hearing – 5 April Lane, Apt 11 Section 410.850 of Minimum Standard of Fitness for Human Habitation (State Sanitary Code, Chapter II) Attorney Annie Lee gave an opening statement to the Board reminding them that this hearing is to review new findings and also reminded the Board of their authority. Ms. McKenna feels there is a State Sanitary Health code violation occurring and would like help from the Health Office in determining who is responsible for repairing the issue. Ms. McKenna has presented to the Board new evidence showing what Ms. Mckenna believes will prove the Condo association is responsible for the Sanitary drainage issue. Ms. Belanger the Health Office Director, and Ms. McCartin the Health Office Director Assistant both were present at the property during what Ms. McKenna was referring to as a backflow drainage issue episode. Neither Ms. Belanger nor Ms. McCartin witnessed any disturbance in the toilet or change in the water level. Therefore, bringing both Ms. Belanger and Ms. McCartin to the decision that there is no sanitary code violation. The Board of Health feels there is no health code violation and feels strongly that if there is a problem and it needs a plumber, they are not qualified to decide whether there is or isn’t a backflow drainage issue. There are no documents from a licensed plumber identifying the issue which also makes it hard for the Board to determine who’s at fault. Dr. Geller asked does the toilet work and if it doesn’t work because of the backflow whose responsibility is it? Attorney Lee answered Dr. Geller’s question by saying the liability is based on the analysis she gave at the last hearing. Regarding this matter, the liability is ultimately a question between the unit owner and the condo association. It’s not the Board’s responsibility to receive condo docs and interpret them. That is a matter for the court. Dr. Heiger- Bernays made a motion that the Board of Health affirms the Director of Public Health's conclusion for 5 April Lane Unit 11, that the Sanitary drainage system including the toilets, meets the requirements of 105 CMR 410 as it is properly connected to a public sewage system. Furthermore, any determination of liability regarding any alleged plumbing issues occurring at 5 April Lane unit 11, and the determination of liability between the unit owner and the Condominium Association, is outside the Board of Health's jurisdiction. 4 The motion was seconded by Dr. Geller. The Board unanimously voted in favor of the motion Health Office and Land Use, Health, and Development Re-Organization The Health Department will become an independent department separated from land use, Health, and Development which will be called land use Housing and Development as of July 1st, 2023. Flu and COVID-19 Update The Lexington COVID data from the Health Department Dashboard was provided to the Board. But the Town Health Department feels if you are at high risk of getting very sick, wear a high- quality mask or respirator (N95 or KN95) when indoors in public. If you have household or social contact with someone at high risk for getting very sick, consider self-testing to detect infection before contact, and consider wearing a high-quality mask when indoors with them. Stay up to date with COVID-19 vaccines, including recommended booster doses. Maintain ventilation improvements. Avoid contact with people who have suspected or confirmed COVID-19 (and flu and RSV, as well). COVID test kits are provided by the State and are made available at many town official offices, and clinics. Tobacco Control Update None Opioid Settlement The state of Massachusetts Attorney General reached a settlement agreement with opioid industry participants. Massachusetts will receive over $500 million dollars in payments from opioid manufacturer Johnson & Johnson and 3 opioid distributors. The town of Lexington has already received the first payment of $ 76,000. The $148,000 Payment from J&J and distributors will be issued over the next 10-18 years. Under the direction of the Town Manager, Lexington’s Health Office, and the Human Services Department will be working with many other departments throughout the town on ways to develop plans and programs for utilizing Lexington’s Opioid settlement payments. Health Staff Reports Ms. McCartin and Ms. Shah provided their monthly reports, and there were no questions from the Board. Ms. Belanger attended the annual Citizen Academy course on November 17, 2022. Ms. Belanger believes it has helped the town residents and herself with a better understanding of the Town Government system and how the town residents can get more involved. Community Health Needs Assessment 5 Ms. McCartin gave an update on the progress of the project. A google survey was sent to stakeholders hoping to develop topics and ideas that maybe not have been addressed. Ms. McCartin feels by talking with stakeholders will help with additional questions or concerns from residents. Adjournment Burt Perlmutter, MD made a motion to adjourn at 9:07 pm. Susan Wolf-Fordham seconded. Motion carried 4 to 0. All in favor.