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HomeMy WebLinkAbout2021-08-12 Joint BOH and SB-min Joint Meeting Board of Heath and Select Board August 12, 2021 A Joint Meeting of the Lexington Board of Health and Select Board was called to order at 2:30 p.m. on Thursday, August 12, 2021 via Zoom meeting services. Present for the Board of Health: Dr. Heiger-Bernays, Dr. Perlmutter, Mr. Flynn, and Ms. Wolf-Fordham. Dr. Geller arrived later in the meeting. Present for the Select Board: Ms. Hai, Chair; Mr. Pato; Mr. Lucente; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Kelly Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. ITEMS FOR INDIVIDUAL CONSIDERATION 1. COVID-19 Update, Strategies and Community Response Actions Related to COVID-19 Guidelines and Directives - Review and Discuss Proposed Mask Mandate Ms. Hai stated public health regulation is the domain of the Board of Health, pursuant to MGL 11. She said this joint meeting is being held to receive an update from Board of Health regarding the current COVID-19 statistics and trends in Lexington and Middlesex County and to hear the Board of Health recommendation for indoor mask policies. Dr. Heiger-Bernays reported that the Delta variant of SARS-CoV-2 is currently the dominant form of COVID-19 in Massachusetts and across the United Stated at this time. The Delta variant is highly contagious, with estimates between two to six times as contagious as previous variants. The vaccines for COVID-19 are effective at reducing the severity of the disease, and significantly preventing death from COVID-19. However, people fully vaccinated for COVID-19 are becoming infected with the Delta variant, and vaccinated people transmit the virus to other people. Hospitalization rates in Massachusetts are increasing including rates in children under 12. Children under 12 cannot be vaccinated. In Lexington, we have seen a significant increase in the number of cases since mid-July. The CDC has categorized the level of community transmission for each county and state based on the number of cases in the last seven days per 100,000 people and the number of tests in the last seven days that have a positive result. The categories - low transmission risk, moderate, substantial and high. Dr. Heiger-Bernays said that the Lexington Board of Health uses the knowledge of the Delta variant, vaccine effectiveness, increasing case numbers in Lexington and in Middlesex County, hospitalizations and deaths to discuss any need for layered prevention strategies. Layered strategies such as vaccination, increasing ventilation indoors and wearing masks can be used to reduce the transmission of the Delta variant. Dr. Heiger-Bernays reported that on July 27, 2021, the Center for Disease Control released updated guidance for the need to increase COVID-19 vaccinations as well as a recommendation for everyone in areas of substantial or high COVID-19 transmission to wear a mask in public indoor spaces, even if they are fully vaccinated. Middlesex County, Massachusetts is now an area of substantial transmission. She stated properly worn masks are estimated to decrease the rates of COVID transmission by approximately 50% to 70%. Dr. Heiger-Bernays stated this information precipitates the need for Lexington Board of Health to discuss issuing a public health order mandating indoor mask wearing in publicly accessible spaces within Lexington. Dr. Heiger-Bernays stated that a proposed Board of Health mask mandate for Lexington has been included in the meeting packet for the Board of Health’s review and comment and to also receive comment from the Select Board. Dr. Pearlmutter and Mr. Flynn stated they were in agreement with the recommendation for an indoor mask mandate as it was written. Ms. Wolf-Fordham stated she is in agreement that a mask mandate should be implemented. She suggested to change the word maintained to worn for the sentence to read worn inside the establishment. Mr. Malloy stated he heard from a Lexington resident, who has a business in Belmont, who was dismayed at the way Belmont rolled out their mask mandate. Mr. Malloy affirmed that if the Board of Health voted to implement a mask mandate in Lexington, the Town’s Public Information Officer would coordinate with the other Town departments to assist in rolling the information regarding the mandate. Ms. Hai opened the floor to any public comment Theresa Wright, 35 Reed Street, Precinct 6 Town Meeting Member, stated she is in support of a mask mandate and asked for clarification of mask wearing at restaurants. Matias Stella, 5 Moon Hill Road, stated he is in favor of masks being required at all times inside establishments. Kathleen Lenihan, 60 Bloomfield Street, School Committee Chair, said she is in favor of a mask mandate. She said the Lexington Public School will be in alignment with the Center for Disease Control recommendation of mask wearing by students. Jillian McDonough, Lexington Power Yoga, said that while she understands wearing masks is for the safety of all, she is concerned that an indoor mask mandate would cause unintentional financial hardships for some businesses. Bob Moshiri, 7 Castle Road, said he is in favor of a mask mandate as it will provide protection to all. David Kanter, 48 Fifer Lane, stated he is in favor of a mask mandate and suggested to include some verbiage in the mandate citing the continued need for COVID vaccinations. Nancy Messer, 53 Vale Avenue, asked what data would drive a mask mandate versus a mask recommendation. She stated she feels morbidity data should be evaluated when making policies. Lorraine Shedoudi, Lexington Power Yoga, stated she feels that businesses who have already implemented measures of safety, such as social distancing during business hours, should be allowed to operate under a mask recommendation rather than a mask mandate Seeing no further public comment, Ms. Hai asked if there were any comments from the Select Board. Mr. Lucente asked if Dr. Heiger-Bernays if the letter in the meeting packet reflected the belief of the whole Board of Health or was it written as the opinion of one member. Dr. Heiger-Bernays indicated she had written the memo for the Board of Health to discuss at this meeting. She asked the Board of Health if they would like to vote to accept this letter. Upon a motion duly made and seconded, the Board of Health voted 4-0 by roll call to adopt the memo as written by Dr. Heiger-Bernays as the recommendations of the Board of Health Mr. Lucente noted for the record that a decision to implement a mask mandate is under the purview of the Board of Health and that the Select Board is participating in the meeting to provide any feedback regarding the mandate being proposed by the Board of Health. Mr. Lucente stated that the last line in the proposed mandate should be modified. Both Boards were in agreement that the last sentence will be edited to read “The Town Manager is authorized to carry out this mandate”. Mr. Lucente suggested that contact information be provided in the communications for residents and businesses who may have questions regarding the implementation of a mask mandate. Mr. Sandeen stated that criteria should be identified to determine if and when a mask mandate would cease. As Ms. Barry was unable to attend the Joint Meeting due to a scheduling conflict, Ms. Katzenback read her supplied statement, which is appended to the end of these minutes, into the record. Ms. Hai, Mr. Pato, Mr. Lucente and Mr. Sandeen stated they are in support of the Board of Health moving forward with an indoor mask mandate. Discussion ensued amongst the two Boards. Topics raised were regarding communication of, start date and the length of time of a mask mandate. In addition, a question was raised to the Board of Health if a mask mandate would apply to stage performers or Clergy. Mr. Malloy stated the Board of Health’s contact email and a Lexington Health Department phone number would be included in the announcement of a mask mandate as the points of contact for mask mandate questions. Both Boards agreed that there should be some lead time for the effective date for an indoor mask mandate and agreed to 12:01 a.m. on August 18, 2021 and that the mandate should be reviewed on or by November 5, 2021. Mr. Pato left the meeting at 3:45 p.m. due to a prior engagement. Before leaving he encouraged the Boards to move forward with promptly enacting a mandate and indicated that he would vote in favor of supporting a mandate if he were able to remain in the meeting. The Board of Health said they will work with Mr. Malloy regarding procedures for stage performers and clergy to be able to apply for a special dispensation from the mask mandate when they provide the specified criteria in advance of each event date. Dr. Heiger-Bernays noted that Dr. Geller had connected to the zoom meeting. Upon a motion duly made and seconded, the Board of Health voted 5-0 by roll call to approve mask mandate order, as amended, including the effective date of Wednesday, August 18, 2021 and a review to take place on or before November 5, 2021and shall include an authorization for the Town Manager to carry out the mandate. This is also subject to amending the order for editorial comments. The resulting Board of Health indoor mask mandate is appended to the end of these minutes. Upon a motion duly made and seconded, the Select Board voted 3-0 by roll call to endorse the Board of Health’s public health mandate regarding indoor mask wearing as discussed and revised at this meeting. A true record; Attest: Kim Katzenback Executive Clerk Suzie Barry Statement for August 12, 2021 Joint Meeting Hi, sorry I can't be present with you today, I have an appointment that couldn't be rescheduled. I spoke with Mr. Makarious last night about how I could submit comments and questions and he stated the best way would be to send them to Ms. Katzenback to read and ask and I want to thank her for doing that. I also need to let everyone know that in conversation with Mr. Makarious it was determined it is not a conflict, in my professional life I am the Director of Operations for Hancock Church here in Lexington and Houses of Worship are included in the discussion this afternoon. Here are my questions/comments for the meeting today: Communication:  I reached out to LICA (the Lexington Interfaith Clergy Association), a few small business owners, a few landlords, the Lexington Symphony and Spectacle Management to make them aware of this afternoon's meeting as we all need to be rowing in the same direction from the start with this. Was there any direct outreach done by the Town, Select Board or the Board of Health to businesses that may potentially be affected?  If this is adopted, how will the message be delivered to the community and in particular to the businesses affected.  Will the Town be providing signage for all places affected or only for Town buildings? Will businesses be notified of what must be on any signage?  A recent visit to the Board of Health webpage on the Town website had NO identifiable way to contact the Board of Health listed. If someone has a question, comment, concern or a complaint about the mandate, who do they contact and how? Timing:  I understand tying the order to the CDC level of community transmission however, would it be easier for everyone if we simply stated a date this is in effect till and if needed we can extend. My thinking is people are busy and a date is easier to focus on. I would suggest something like November 15th (so past Halloween) or November 30th. If we do go with the level of community transmission, will the Town website be updated to prominently display that on the front page with a daily update? Definition:  Sometimes people define public space as space in or owned by the Town or simply outside space, Is there a clear definition of what "Public Space"? Also is there a clear definition of "private spaces open to the public"? For Municipal Buildings:  Does this mean people need to be masked in public meeting rooms i.e. hybrid public meetings, staff only meeting? For all spaces:  Do people need to be masked in private offices if they are working alone? For Housing:  Does this apply to common areas, lobbies, hallways of apartment buildings and condominiums? For Performances:  Can they play instruments? Can they sing? For Houses of Worship:  The Board received comments from Reebee Girash Pastor of Pilgrim Congregational Church regarding if Worship Do Staff and singers at Houses of Worship need to be masked at microphones if they are an appropriate distance from the congregation? This is an issue as remote viewers have a hard time hearing and also an inclusion issue as lips cannot be read.  For Houses of Worship: Does this apply to anyone using space in a House of Worship outside of a congregational setting. i.e. meetings, renters etc. Authority:  The last sentence of the order states "The Select Board and Board of Health hereby direct the Town Manager" my understanding is only the Select Board can direct the work of the Town Manager. Vaccines and Testing:  Our vaccination rates in Lexington are trending in the right direction. That being said, will the Town be offering any COVID vaccine clinics this fall for anyone (i.e. people who live here, people who may not live here but work here, are visiting or passing through) Also does the Town have any plans for testing? COVID-19 Public Health Mandate of the Lexington Board of Health Notice is hereby given that on August 12, 2021 the Lexington Board of Health adopted the following emergency regulation under the provisions of MGL Chapter 111, § 31: Based upon review of current COVID-19 caseload and testing positivity rates in Middlesex County the Select Board, and Board of Health held a meeting on August 12, 2021 and pursuant to M.G.L. c. 111 §§ 31 and 104; The Board of Health voted to adopt as a public health mandate, with the support of the Select Board, the following indoor mask mandate in the Town of Lexington. 1. Effective at 12:01am August 18, 2021 face coverings are required for all individuals aged two years and above in all indoor public spaces, houses of worship, or private spaces open to the public except where an individual is unable to wear a face covering due to a medical condition or disability. 2. Food service establishment customers may only remove face coverings when seated. 3. Indoor performance venue customers may only remove face coverings in the actual act of eating and drinking, if permitted in the venue. 4. Lodging guests and workers are required to wear face coverings when inside hallways and common areas. 5. Fitness Center/Health Club workers, customers, and visitors are required to wear face coverings during fitness activity, including strenuous activity. 6. At Personal Services establishments, including, but not limited to, barber shops, hair and nail salons, all customers and workers are required to wear face coverings, except for skin or beard care that occurs on the face, where the customer may temporarily remove the face covering but must immediately put the face covering back on for the remainder of the visit. 7. Masks remain mandatory for all individuals on public and private transportation systems (including rideshares, livery, taxi, ferries, and buses), in healthcare facilities and in other settings hosting vulnerable populations, such as congregate care settings. 8. All entry doors of businesses open to the public must post notice advising customers that face masks must be worn inside the establishment. Establishment staff must supervise and enforce this requirement. 9. The Town Manager working with Town staff will develop criteria for consideration for specific businesses which will be submitted to the Board of Health for review and approval. This mandate will be reviewed on or by November 5, 2021. The Town Manager is authorized to carry out this mandate.