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HomeMy WebLinkAbout2021-03-23-BOH-min LEXINGTON BOARD OF HEALTH MEETING MINUTES Tuesday, March 23, 2021 6:30 pm Conducted by Remote Participation Board of Health Members in Attendance: Wendy Heiger-Bernays, PhD, Burt Perlmutter, M.D., John"Jay" Flynn, J.D., David Geller, M.D, Board of Health Member Absent: Susan Wolf-Fordham, J.D. Office of Public Health Attendees Alan Perry, Interim Public Health Director Maureen Adema, Health Department Assistant Others: Dr. Julie Hackett, School Department, Karen Rufo, School Department, Hien Nguyen, ZeroWaste Collaborative, Inc., other interested persons Documents: Health Director Reports March 2021 EDS Plan ZeroWaste Presentation Meeting Called to Order Chair Wendy Heiger-Bernays read Governor Baker's executive order regarding Open Meeting during the COVID-19 Pandemic. Chair, Wendy Heiger-Bernays declared a quorum via Roll Call. Jay Flynn— Yes, Burt Perlmutter, M.D. — Yes Wendy Heiger-Bernays— Yes. David Geller, M.D. will join later. Sue Wolf-Fordham, J.D. will not be attending tonight's meeting. Alan Perry, Interim Health Director was present. Chair Wendy Heiger-Bernays stated the remote meeting rules for the record. And that the meeting was being recorded by LexMedia. 1. Call to Order Board of Health meeting of March 23, 2021 was called to order by Chair Heiger- Bernays at 6:30pm. II. Dr. Julie Hackett, Superintendent of Lexington Public Schools Update the Board on the Back to the Classroom in person learning dates and protocols. Dr. Julie Hackett was logged into the meeting. Dr. Hackett stated that back in November there was a Community Input Team for Full Return to the Classroom established. March 23, 2021 Minutes 1 Board of Health The team delayed working on a plan until after the Town's COVID case counts were trending down. The month of January saw the highest case count with 26 per 1000 cases. Cases trended down in February, so the team started to work on a plan to have students return to the classroom. The membership consists of 37 individuals comprising of parents, doctors, School Committee members, public health workers, union leaders and educators. The kindergarten through grade 5 will return to full classroom learning on April 5, 2021. The middle school students will return to the full classroom on April 28, 2021. These dates are in line with State's announcements for returning to the classroom. The State has not yet determined a return date for High School students. The one challenge will be maintaining the six-foot distance guidance during lunches. There is guidance that younger children do not need to maintain the six-foot distance, but DESE has stated that school staff, as adults should always maintain the six-foot guidance. Dr. Hackett pointed out that High School students are young adults. There will be the use of tents in April at the schools. All windows in the school buildings and school transportation will be opened without exception while in use. The principals at the K-5 schools are working on indoor and outdoor plans for lunches, to best meet the distance between individual guidelines. Dr. Hackett stated there is a PowerPoint presentation online from the last school committee meeting that outlines the return back to full in person learning in great detail. She will forward the presentation on to Chair Heiger-Bernays for her to share with the members. Dr. Hackett stated hybrid learning is being phased out. Families/students have been asked to communicate their preference of remote or full in person learning. The current breakdown is 75% choosing full in person and 25% choosing remote. Once a choice is made the School Department is asking for no changes be requested because of the staff scheduling challenges. DESE supports this practice. Dr. Hackett asked the Board to vote to support the new guidelines for the Performance Arts Programs from DESE. The new guidelines allow signing inside and instrument playing with 10 feet separation would be allowed. She would like to try the new guidelines, but will defer to the Board's recommendation. Dr. Hackett stated the staff have been getting vaccinated. There was a parent group that assisted the staff in securing vaccine appointments. Dr. Hackett stated even if a staff member is vaccinated maintaining all COVID-19 practices will be mandatory. Chair Heiser-Bernays asked members for thoughts and concerns: Dr. Perlmutter, thanked Dr. Hackett for update, and stated all his questions were answered during the recap. Mr. Flynn stated he was supportive of the new Performance Arts Programs guidelines from DESE for K-8 grade. And, agrees to discuss the high school Performance Arts Programs at an upcoming meeting. March 23, 2021 Minutes 2 Board of Health Dr. Geller asked Dr. Hackett to speak to the Path to Zero Report where it states that high school students only need to be at a 6-foot distance when case rates are 100 per 100,000. Dr. Hackett agreed the guidelines are different than the DESE guidelines, but the data has changed/been edited often with the Path to Zero paper. Dr. Geller said he is happy where things are moving and getting the K- 8 students back to the classroom is great,but wants to see the high school students back to school too. Dr. Hackett said the issue with the high school is the space limitations. Even if the school required only 3 feet of distance, it would be impossible at the high school because of the limited space in areas such as hallways. Dr. Geller stated using the outside of the school buildings, with fresh air is a great plan. He is encouraged by the progress, but would like to have the high school students back into the classrooms. Mr. Flynn asked for confirmation that masks are being worn in the schools. Dr. Hackett said yes, even if vaccinated individuals are required to wear masks. She also communicated a requirement/condition for employment for the school year 2021-2022 is that staff is vaccinated by August 2021. Dr. Hackett stated the staff have been getting vaccinated. There was a parent group that assisted the staff in securing appointments. She said about 700 people have appointments. Dr. Hackett stated even if a staff member is vaccinated, wearing masks and maintaining all COVID-19 protocols is mandatory. Chair Wendy Heiger-Bernays asked for a Roll Call Vote to support the new Performance Arts Programs for singing and music instruments for the kindergarten through Stn grade schools as presented by Dr. Hackett with the condition of monitoring the programs. Flynn —Yes, Geller—Yes, Perlmutter—Yes Heiger-Bernays—Yes. 4 to 0 Motion passed. III. CANCELED— Dr. Joseph Allen, Professor of Exposure Assessment Science discussion Chair Heiger-Bernays stated Dr. Allen would not be attending tonight's meeting. She stated she knew Dr. Allan and has spoken with him in recently months. Dr. Allan supports students returning to the classroom for full day learning. He is aware of the good work of Mr. Cronin's and Dr. Hackett's teams have been doing to keep the school buildings safe. Chair Heiger-Bernays expressed the factors of masking, ventilating, densifying spaces and monitoring case counts as important factors in returning to the classroom. Chair Heiser-Bernays asked for public comment. Sacha Uljon 22 Peacock Farm Road placed a write up from Dr. Allen's Administrative Assistant in the "Chat" on the ZOOM meeting. March 23, 2021 Minutes 3 Board of Health Chair Heiger-Bernays read the statement. The statement was informing the board that Dr. Allan believed the Town had the resources to move forward with students returning to the classroom, he was thankful for the invitation to attend the meeting but was unable to. IV. Minutes of February 23, 2021 Mr. Flynn made a motion made to approve the minutes of February 23, 2021 as edited. Dr. Geller seconded. Roll Call Vote: Flynn -Yes, Perlmutter—Yes, Geller—Yes, Heiger- Bernays—Yes. Motion carried 4 to 0. V. ZeroWaste Collaborative, Inc.—Presentation, Hien Nguyen Co-founder and Co- President Ms. Nguyen thanked the Board for their sei vice to the Town and for having ZeroWaste attend tonight's meeting. She explained that the purpose of ZeroWaste Collaborative, Inc. is to educate the general public about zero waste practices. ZeroWaste Collaborative encourages organizations and businesses in adopting sustainable practices for zero waste. Tonight, the Zero Waste Collaborative was requesting consideration and a vote to issue an advisory memo to mitigate the use of single-use plastics through a voluntary use of reusable containers to clarify to the Lexington Food Establishments that reusable containers may be supplied for takeout orders and returned to be reused. Ms. Nguyen stated that the State's Food Code does allow for restaurants to use reusable containers. Ms. Nguyen stated the Town of Plymouth's memorandum of guidance submitted to the board regarding the mitigating use of plastics and Styrofoam though voluntary use of consumer reusable containers is what ZeroWaste is asking for the Board to vote on and issued to assist in the discussions with restaurants for participation in this pilot program. Chair Wendy Heiger-Bernays asked Alan Perry, Interim Health Director to speak to the State Food Code regarding take out reusable containers. Mr. Perry stated the Federal Food Code and the State Retail Food Code does allow for recyclable containers for take-out food, with the buy-in from the restaurant being asked to take part in such a program. Mr. Perry said the Board should be clear on what is being asked of the Board from tonight's presenter. If the Board is to support the pilot program the Board must make it clear no restaurant/food establishment has to/must participate. Chair Heiger-Bernays said that no vote would be taken tonight. The meeting tonight was informational with the opportunity to ask questions. Chair Heiger-Bernays asked members for questions, thoughts and concerns: Dr. Perlmutter asked for clarification on the containers, are they recyclable or returnable? Mr. Perry stated he miss spoke and meant to say returnable. Ms. Nguyen stated the containers are returnable and reusable. She said the containers would be made out of a durable material such as glass or stainless steel. She added the program would remove take out containers that are not recyclable from use. March 23, 2021 Minutes 4 Board of Health Mr. Perry said that a returnable container would have to be a container that can be washed/sanitized. The cleaning of the container would be the responsibility of the food permit holder. Dr. Perlmutter stated there is a standard for this, milk delivery in glass bottles. The milk would be delivered in bottles from the millcman, and the empty bottles would go back with the millcman to be cleaned by the milk company's bottle cleaning machines. The bottles would be used over and over again. Mr. Flynn asked if the Pilot Program would be purchasing the reusable containers. Ms. Nguyen stated that containers would be purchased in bulk from ZeroWaste/the Pilot Program for the trial period for the three restaurants. Mr. Flynn asked if the restaurants would do the cleaning/sanitizing of the containers. Ms. Nguyen said yes, the same as their dine in dishware is cleaned for reuse. Mr. Flynn asked if additionally permitting would be required. Mr. Perry said no,but the Health Department should be notified if a restaurant will be adding returnable/reusable containers to their business plan, in order that at an inspection from the Health Agent can follow up on the service. Mr. Flynn would want a specific plan on the pilot program provided before support is given. The sample from the Town of Plymouth is too general and vague. He would like a strong plan in order to support each restaurant in the program. Mr. Perry stated the board might recommend that any restaurant that participates register with the Health Department. Ms. Nguyen asked as stated in the merging food code regulations, the board issue an advisory that will allow all Town restaurants to use returnable containers. This would allow restaurants not in pilot program to start using reusable and returnable containers that customers provide. Many restaurants may not be ready to be part of the program,but they should not be prohibited from allowing their customers to bring in their own containers for takeout. Mr. Perry stated any permitted food establishment is responsible to public health, the measure for a customer's personal container would be difficult to manage. Dr. Perlmutter stated concerns with the customers providing their own containers. If there was an incident of food poisoning tracking would be impossible. Dr. Geller said this is a wonderful idea. He would be interested in seeing data on how many containers are and are not returned. He said many people do not return their cans, so they end up in the trash. And he was wondering, if the containers can be returned to a different restaurant, than they originally came from. March 23, 2021 Minutes 5 Board of Health Chair Heiger-Bernays shared her screen showing the Grainrnaker Restaurant write up that was available in the meeting packets. The write up showed their approach to reusable containers. Ms. Nguyen asked to share screen a flow chart showing the plan on the use of reusable containers. Ms. Nguyen stated that the premise is have the customer leave a deposit for the container, receive food in reusable container and return container back to restaurant later for deposit. ZeroWaste will purchase the containers in bulk for the three restaurants in the pilot via grant money. Note there will only be 20 customers in the pilot program. The 3 restaurant and 20 customers will be tracked to create data indicating the success of the program. If the pilot program is successful, restaurants get inventory of their own and manage the use of the containers. Dr. Geller would like to the have data on the success for this kind of program. He encourages the idea, stating Lexington has a small enough restaurant inventory and the program would encourage supporting local business. Chair Heiger-Bernays asked if there were any other comments from members or if Mr. Perry needed any other information. Mr. Perry wanted to be clear on the pilot program intentions, especially on the matter of who supplies the reusable containers to the consumers. He said the Food Code states the containers must be provided by the Food Establishments. Ms. Nguyen shared screen a copy of the Merged Food Code that she has been referring, stating that code allows for either the establishment or consumer to provide the reusable container. Mr. Perry stated the Food Code allows reusable containers for beverages to be supplied by the consumer. 304.17, section 2 of the Food Code states that reusable containers for food must come from the food establishment. The Board would have to be guided by this part of code. Chair Heiger-Bernays asked the ZeroWaste representatives and Mr. Perry to work on the program to adhere to the Food Code and have a presentation at the next meeting for how the program would roll out for a decision from the board at the next meeting. The board is encouraged by good of the program. Vi. EDS Plan —Follow up and Vote Mr. Perry stated at the last meeting the updates were accepted and approved for the EDS Plan. He noted that there are some additional language and concerns individuals have regarding the document, small edits may be made. But the document in the meeting packets is the final draft. The housekeeping of the plan will continue to improve the document. Chair Heiger-Bernays stated Ms. Chapell did an amazing job updating the EDS Plan. She agreed with Mr. Perry that there are minor edits that may be required. She noted the approval of the plan March 23, 2021 Minutes 6 Board of Health should also include the annual and biannual updates, as stated by Ms. Chappell should be done be made but the plan is ready for a final vote. Mr. Perry said that there are 4 or 5 other signatures needed from other Town Department such as the Fire Department, the Police Department and Administration. Chair Heiger-Bernays asked if there is any edits or concerns from other departments be reported back to the Board. Mr. Perry will report if anyone makes an edit/change or has a concern to the Board. Chair Heiger-Bernays wants to be sure the Board is in the know of anything with the EDS plan. Mr. Flynn stated a great job on the plan, but the plan does reference the three other plans. The Emergency Risk Community Plan, The Health Emergency Operating Plan and the Health Emergency Contact List. There needs to be a commitment to have these plans updated as well. He is happy with the EDS Plan but the consistency of all plans is important and all should be updated. Chair Heiger-Bernays agreed with Mr. Flynn about having the 3 other reference plans updated. The first should be the Emergency Risk Community Plan. She does not know who would be revising the other plans, and asked Mr. Perry to find out who and report back next month to the board. Mr. Flynn stated an assessment of what work needs to be done to update the 3 references plans. Dr. Perlmutter was an appointed member on the Town EDS Committee, he never missed a meeting. Some of the plan was being directed at the current Pandemic. He applauded Ms. Chapell's work and Chief Sencabaugh and other on the committee for a work done. He said the contact list is an appendix to the EDS Plan, and does not affect voting on the plan. But noted the contact list is not complete, there are many blank contacts, including his own contact information that is available and has been available. The incomplete list needs to be addressed. He is in support of the EDS Plan. Dr. Geller had no questions. He stated this was a great undertaking and the plan is one of the best EDS Plans he has ever looked at. Mr. Flynn made a motion to accept the EDS Plan. Dr. Geller seconded. Call Vote: Flynn - Yes, Perlmutter—Yes, Geller—Yes, Heiger-Bernays—Yes. Motion carried 4 to 0. Chair Heiger-Bernays acknowledged the work of board member Susan Wolf-Fordham's work on the EDS Plan, ensuring that the plan meets ADA Rules and Regulations, with special attention to updates to the language in the document. All issues of people with special needs are addressed in the document. VII. Review/Revision of the May 19, 2020 Non-Covid functions of Public Health Staff March 23, 2021 Minutes 7 Board of Health Mr. Perry on behave of the Town is asking for the Board to reinstate the Health Department Permitting. The spring and summer will likely be busy, as the Governor's restrictions are relaxed and lifted. Chair Heiger-Bernays confirmed that the board put in place an emergency Board of Health Order on May 19, 2020 to stop all Non-Covid-19 permitting and related functions. The Town is now asking to revoke the order. She asked if Mr. Perry could make sure/confirm that the staff has the resources and manpower to start up Non-Covid functions. She stated that the permitting should not be focusing on new permitting. The priority should always be providing Public Health to the Town. Mr. Flynn stated the world is still in a pandemic, it is not over. Things such as contact tracing is still required. He said his main concern is with the prioritizing what is done day to day. He asked Mr. Perry if he is prepared to communicate to the Board what is and is not being done by the staff, so the Board can make decisions on what should be done. Mr. Flynn wanted to know how the Board will make the call on what is being done, the public health vs the business of Town. Mr. Perry said the order of May 19, 2020 did have a hierarchy of the work responsibilities. Mr. Perry stated either a document or an understanding of the health departments priorities can be established, such as Covid, Septic failure and Food/establishment complaints on top of the list. If things, are an issue he would communicate back to the Board. Mr. Perry said the Health Staff must do what the Board directs them to do. Mr. Perry wants to have action taken on inspections. Mr. Flynn stated he is not comfortable going back to pre-Covid functions. The Health Department should ease back to normal functions because Covid functions are still required. Dr. Perlmutter said there needs to be an understanding of renewing permits and issuing new permits. He stated he does not think the board should move too fast on lifting the order. He realizes the camps and pools will be looking for permits for the 2021 seasons. He believes the priority of the day-to-day functions should be done by the Health Staff. He questioned the impact on the work load of the staff. Mr. Perry suggested allowing applications for renewals be accepted and issued with the associated inspections for the renewals. The inspections start up again with the understanding of emergencies take precedence and according to the Boards hierarchy of priorities on other permits and inspections. He said maybe at this time new applications remain on hold, such as a new restaurant coming to Town. Dr. Perlmutter stated the prioritizing must come from the Health Director and Staff. Chair Heiger-Bernays asked what the next steps are. She believes what she is hearing is Mr. Perry and Mr., Flynn's proposals do not line up. Everyone is comfortable and wishes for Mr. March 23, 2021 Minutes 8 Board of Health Perry to direct and manage the Health Staff's work but he is not the Department Head, so he may not be allowed to do so. Mr. Flynn stated his concern is not the black and white of doing something. He thinks the health department has been compromised since the pandemic because there is a disconnect between the business of the Town and the Health of the Town. An example he gave was a review of outside seating for a restaurant not given the time needed to make an informed approval from the Board of Health. A simple phone call has been met with an"okay/yes"without a proper health review. Mr. Flynn said opening up the order to more responsibilities will make the proper health review and response to the public health because of time constraints to get everything done. Mr. Perry said the existing business do need the Health Staff to do inspections and service these businesses under the concerns of health. Chair Heiger-Bernays returned to who has the question of who will be the individual establish the priorities of the work functions of the health department. Mr. Perry stated he as the Interim Health Director will adhere to the direction and order of the Board of Health. The law/regulations are the actual boss, so the Board comes first as the governing agent. Chair Heiger-Bernays stated that two options to move forward are to update the order to include routine inspections or rescind the order on May 19, 2021 and the health department return to pre- Covid functions with the understanding of the priorities. Dr. Perlmutter is in favor of updating the order. The pandemic is still active with the case numbers increasing even with vaccines being administrated. Dr. Geller supports the information of both Mr. Flynn and Mr. Perry. He wants to do what is best for the Town,but agrees the pandemic will still have many months of work ahead. But also, is aware that regular work may fall behind and that can be a burden. He is comfortable with either approach. Chair Heiger-Bernays stated the order should be revised to include routine inspections. Mr. Perry will report to the Board next month what is not being done/missed. Mr. Flynn made a motion to remove routine inspections from the order of May 19, 2021 as work stopped during COVID-19, giving the health staff permission to conduct routine inspections. Dr. Perlmutter seconded. Roll Call Vote: Flynn-Yes, Perlmutter—Yes, Geller —Yes, Heiger-Bernays - Yes. Motion carried 4 to 0. Mr. Perry will keep track of what the staff is not able to do and report to the Board for consideration of additional revisions or revoke the order. VIII. Community Health A. COVID-19 1. Updates on work completed/ongoing Prior to the meeting, Alan Perry sent the members the Monthly Health Staff Report. March 23, 2021 Minutes 9 Board of Health Mr. Perry as of last week, March 17, 2021: • 14 new positive cases, no new deaths, less than 1%positive rate, lower than the State. • 26% of the Lexington residents have received their first shot. • 13% of the Lexington residents have received both shots. The packets have other categories of who has been vaccinated. 2. Re-opening processes to Town Buildings 0 No report given B. Non-COVID Reporting Disease Update Reported in the member packets in David Neylon's reports. Chair Heiger-Bernays asked Mr. Perry to find out if the two State tracking systems "talk"to each other. She would like to know if there have been cases where a vaccinated Individual tested positive for COVID. C. Communication Mechanisms Mr. Perry reported that the Public Operations Officer could attend a meeting for a discussion if the Board feels something is being missed or improved. Dr. Perlmutter communicated that Boston Channel 4 reported on the MCR from one of the vaccine clinics at the Town of Arlington's High School. David Neylon, the Lexington Public Health Nurse, was in the footage. Lexington and Belmont were not mentioned in the aired piece. IX. Environmental Health A. Inspections completed Mr. Perry said complaint inspections are being done. There were a couple of restaurant complaints. He said there is also a smoke issue between neighbors that is being worked on. B. Discussions/Other Updates Mr. Perry said work is being done on Animal Inspections. He said Lexington's Animal Control Officer and Animal Inspector is shared with the Town of Bedford. He is housed in Bedford. He does both jobs, although the jobs have unique responsibilities. The Asst. Health Director and Health Agent are as of today, the backup Animal Inspectors. Chair Heiger-Bernays stated that the Animal Control Rules and Regulations and inspections for lab animal businesses operating in Town needs to be addressed. Next Meetings Tuesday, April 27, 2021 Tuesday, May 18, 2011 March 23, 2021 Minutes 10 Board of Health X. Adiournment Dr. Perlmutter made a motion to adjourn at 8:43pm. Mr. Geller seconded. Roll Call Vote: Flynn -Yes, Perlmutter—Yes, Geller—Yes, Heiger-Bernays-Yes. Motion carried 4 to 0. Documents Health Staff Reports BOH Monthly Community Health Report for March 23Report-March 2021 EDS Plan 2021 011 3-17-21 Lexington EDS Plan 2021.doc ZeroWaste Presentation ICIN ICIN LexZeroWaste UPSTREAM-Reuse Memo for Board of I Safety FAQ.pdf March 23, 2021 Minutes 11 Board of Health