HomeMy WebLinkAbout2021-4-27-BOH-min RECEIVED
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LEXINGTON BOARD OF HEALTH
MEETING MINUTES
Tuesday,April 27, 2021 TO A. K
6:30 pm
Conducted by Remote Participation LEXINGTON
Approved May 18, 2021
Board of Health Members in Attendance:
Wendy Heiger-Bernays, PhD, Burt Perlmutter, M.D., John "Jay" Flynn, J.D., David Geller, M.D, Susan Wolf-
Fordham, J. D.
Office of Public Health Attendees:
Alan Perry, Interim Public Health Director
Maureen Adema, Health Department Assistant
Others:
Mark Sandeen, Select Board, Rick Reibstein, Sustainability Committee and Toxic Substances Reduction
Documents:
Health Director Reports April 2021
Pool Variances Request Letters
Meeting Called to Order
Chair Wendy Heiger-Bernays read Governor Baker's executive order regarding Open Meeting during the
COVID-19 Pandemic.
Call to Order
Board of Health meeting of April 27, 2021 was called to order by Chair Heiger-Bernays at 6:30pm.
Chair, Wendy Heiger-Bernays declared a quorum via Roll Call.Jay Flynn Yes, Burt Perlmutter, M.D. Yes
Wendy Heiger-Bernays Yes, Susan Wolf-Fordham JD.- Yes, David Geller, M.D.
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.
Chair Heiger-Bernays reviewed the agenda and stated that Environmental Health would be moved to the top of
meeting as Mr. Sandeen and Mr. Reibstein were present for the discussions on the update of the Toxic
Substances Reduction efforts of the Sustainability Committee and the Shire Air Emission Permit.
Environmental Health
Toxic Substances Reduction—Update from Sustainability Committee
Richard Reibstein, resident, Mass Ave, member of the Sustainability Committee, Subcommittee Toxic
Substances Reduction introduced himself to the Board.
Mr. Reibstein was present to update the Board on the Town's response and work going forward
regarding limiting toxic substances use in Lexington.
April 27, 2021 Minutes 1
Board of Health
A number of years back, Mr, Reibstein received a positive and supportive response from the Board on
the toxic substances reduction work being done in the schools and Town buildings.
Mr. Reibstein and Sustainability Coordinator, Stella Carr created the Toxic Substances Reduction
subcommittee. This subcommittee drafted a Toxic Substances Reduction Procurement Policy—called
the Sustainable Procurement Policy.
Mr. Reibstein and Ms. Carr met with the Town's Purchasing Department to review the Policy.
Mr. Reibstein stated he has also met with Facilities Department. He spoke about the need for reviewing
the MSDS and other information for products being used in Town. This would guide decisions about
products prior to making purchases. He stated the Lexington staff is responding to enacting of the
Sustainable Procurement Policy. He said the policy is doable.
Mr. Reibstein would like the Board of Health to express support to the public health benefits of reducing
toxic substances use.
Mr. Reibstein would be happy to send the draft policy to the Board members for review and input.
Again, he is looking for support for the work. His belief is that education works best for decreasing
toxics being used.
Members, Question/Comments
Mr. Flynn stated Public Health in Massachusetts is unique, each town has its own Public Health.
So, in Lexington, the Board can help guide and promote the policy for the residents. He
suggested that Lexington might be a Town that can be a lead to inform others on what products
to use.
Mr. Reibstein said this is doable. He said there are many things that can be done to help
residents, like alerts on hazard products and purchasing options. But he thinks it is best to start
with Town staff.
Ms. Wolf-Fordham stated that she knew little about this area,but thinks it is important to learn
more. She understands that the committee is looking to see what Town purchases are the best
options. She asked if the schools are also be involved.
Mr. Reibstein said the schools are already active, with Ms. Carr. He said years ago he visited the
schools and recalled seeing many alarming things. He stated there is a new culture in the schools
and a new product list is being worked on.
Ms. Wolf-Fordham asked is there any education available to the students with this effort.
Mr. Reibstein said the project/work is starting small, with Town purchasing products at this time.
Ms. Wolf-Fordham asked for any recommendations on articles to help educated herself on the
issue.
Mr. Reibstein said, anything on disinfection would be a great place for the Board members to
start for education.
April 27, 2021 Minutes 2
Board of Health
Dr. Geller had no questions, but stated this is good work and would be great to have Lexington
as a lead in student education in toxic substances reduction. He also is looking forward to
learning more.
Dr. Perlmutter had no questions, as other members covered his questions. He thanked Mr.
Reibstein for the work he is doing.
Chair Heiger-Bernays stated her support and interest in Toxic Substances Reduction. She will
share the Sustainability Plan with the members. She asked for Mr. Perry's thoughts, because the
Board is policy maker but the health staff would have to carry out the policy.
Mr. Perry stated he did not receive or have the opportunity to read the draft policy. But in general
public terms he is in support, same as the members.
Chair Heiger-Bernays said there are many areas, and maybe grants can be sought to support
efforts. There was work done in this area in the past, getting back to it is good.
Chair Heiger-Bernays stated the Board is in support of a Toxic Substances Reduction policy and will
send Mr. Reibstein an email stating support.
Update on Shire Air Emission Permit
Mr. Perry stated he would speak in generalities because this is a proposal that is in front of
Massachusetts Department of Environmental Protection (MassDEP) and the owners/applicant are not
present at tonight's meeting.
Mr. Perry stated the continued expansion and the increase in the emissions from the facility has not yet
been approved by MassDEP. MassDEP has produced a proposed approval with the details. This
proposed approval was released at the beginning of April.
Comments from the Town and general public can be submitted until May 10, 2021. The comments and
concerns submitted will be taken into consideration by MassDEP. There is no set time when a final
approval/decision is made. When the final decision/approval is made anyone that submitted comments
and concerns may request a copy of the final document, requests needs to be made by May 10, 2021, the
appeal of the decision within must be done within 21 days.
The information officer has posted relevant information on the Town website. Comments and concerns
maybe submitted via this post. He said it is on the main page under News and Updates with a link.
Chair Heiger-Bernays asked Mr. Sandeen if he knew of any other Town entities looking at this.
Mr. Sandeen stated he is not aware of any other Town entity looking at this, but that does not mean there
is not.
Mr. Sandeen asked if the Board of Health has any jurisdiction over this.
Mr. Perry stated no, this is an existing business. Board of Health could hold hearings if this was a new
facility. MassDEP issued a permit and there has not been any violation or anything detrimental, as far as
he knew.
April 27, 2021 Minutes 3
Board of Health
Mr. Sandeen asked if the Board could go to MassDEP with request of compliance and/or measurements
from the facility.
Mr. Perry stated the Board can during the comment period submit concerns and request considerations
and desire for reports/measurements of data.
Chair Heiger-Bernays said that a write up will be submitted. It should be done with Mr. Perry's
assistance and at the very least the Board would want to be on the list to receive the final approval
document/permit.
She would like to request a monitoring/reporting program requirement in the new permit from the
company.
Members, Question/Comments
Mr. Flynn would like to reserve the Board's rights, in the case of an issue.
Mr. Perry said by May 10'', the Board should create a letter to the MassDEP. The Board of
Health has the right to always intervene, but MassDEP manages the "issues".
Dr. Perlmutter agreed with being involved in approval process to the extent the Board can be.
Ms. Wolf-Fordham agrees with other members regarding involvement. She asked can the Board
ask and receive information on other issues/violations from this company.
Mr. Perry said there is a 15 page document from MassDEP that does contain non-compliance
issues with the company.
Dr. Geller agreed that the Board should be involved and thanked Alan for his work on this.
Mr. Perry asked if there should be a second contact, board member or staff member, because the
final decision may not be released until after his departure from the Town.
Chair Heiger-Bernays thought that was a great idea. She asked Mr. Perry to select the individual and be
sure they understand they will be reporting the Board on this.
Discussions/Others Updates, including draft list of regulations that need revision/update
Mr. Perry stated it is time to look at all existing BOH regulations. He suggested setting a priority
list.
At the last meeting the Laboratory Animals Regulations were mentioned as a concern because of
the thousands of animals being housed/used in industries in Town. Health Agent Alicia
McCartin has been researching and drafting a policy/regulations for Laboratory Animals based
on existing regulations in the Commonwealth.
Mr. Perry suggested looking at the Domestic Animal regulation separately from the proposed
Laboratory Animal regulations.
April 27, 2021 Minutes 4
Board of Health
Mr. Perry thought looking at the fee schedule for all of the BOH regulations also made sense, as
the last time the fees were adjusted was 2009.
Chair Heiger-Bernays asked Mr. Perry to generate a priority list.
Inspections and other updates
Mr. Perry stated the staff has been busy with normal springtime issues such as septic, trash and
air quality.
Mr. Perry informed the Board that seven (7)rabies exemptions for dogs have been issued.
Dr. Geller asked Mr. Perry what he was speaking to. He was not aware that the Town issued
rabies exemptions/waivers. This knowledge is important to doctors/pediatricians who often see
children with dog bites. He would like to know the veterinatians that are approving the no rabies
vaccine and why a dog would qualify.
Mr. Perry stated the Town Clerk is issuing dog licenses, as is done annually. There are cases
where dog owners are registering their dogs that do not have valid rabies vaccine shots.
Documentation is submitted to the Town, signed by the dog's veterinarian as to why the dog is
exempt/not recommended to have a rabies shot. Normally the age and the health of the dog are
cited issues. He stated this is a State statute.
The Board members were not aware of this practice, and appreciated being made aware of it.
Dr. Geller asked to have a look back of five years if possible. The information on this practice
and the dogs who are exempted is important. Knowing the veterinarians would also be nice to
know.
Mr. Flynn wants a quick summary of the waivers.
Mr. Perry said he would follow up and provide more information. He will forward a copy of the
letter to the owner dogs in order that the members know what has been sent.
Approval of Minutes March 23, 2021
Moved to next meeting
Community Health
COVID-19
Updates on work completed/on2oin2
Prior to the meeting, Alan Perry sent the members the Monthly Health Staff Report.
Vaccination of Homebound residents has continued, and will be completed this week.
The Health Office, Human Services and the Fire Department are working on the final
plan to have all homebound residents vaccinated.
600 second vaccinations were given via the collaborative with Arlington and Belmont
since the last board meeting. The Town has received 50 doses of Johnson & Johnson
and X Moderna vaccines. The Moderna will be used first, because Johnson &
Johnson has a longer shelve life.
April 27, 2021 Minutes 5
Board of Health
Chair Heiger-Bernays spoke to the data available to determine if there are any
disparities in the Town on who is not vaccinated. She realizes the data are self-
reported, but the State has those data. She would like the data to be used to identify
those residents who are not vaccinated and to use boots-on-the-ground to educate in a
targeted way.
Re-opening processes to Town Buildings
Chair Heiger-Bernays stated that the schools have moved forward with bringing the
students back to in-person learning. All students are welcomed back by May 17''.
Chair Heiger-Bernays had a request about proms and graduation, and parties protocols,
for inside and outside events that take place in the spring. She will follow up with Mr.
Perry on the answer.
Mr. Perry said that he believed the Town Hall/Building would be opened to the public
in July.
Non-COVID Reporting Disease Update
Reports were in the member packets.
• 1 adult with Shigella who required hospitalization. Recovered.
• 1 adult with Campylobacter diagnosed after several days in hospital for other
reasons.
• 1 older adult with Active TB with pulmonary TB disease continues to take and to
tolerate treatment.
Status EDS Plan
Mr. Perry informed the Board that the EDS Plan is en-route for requested signatures.
There was a brief discussion regarding the Interim Police Chief signing the document.
There should be no issue as the Interim Police Chief was involved in the EDS Plan.
Communication Mechanisms
No Update/Report
Pool Variances
Dr. Perlmutter confirmed that annually the Board grants pool variances per written request
of the pool owners/operators. The conditions are to have proper fencing, signage of operating
hours and an inspection.
Chair Heiger-Bernays said that the fact the swimming is a mask-off activity, The COVID-19
guidance and precautions should be adhered to the pools and suggested that COVID-19 guidance
be stated as condition of granting the variances.
The members were in agreement of adding adhering to COVID-19 regulations and guidance as a
condition of granting the 2021 Pool Variances.
April 27, 2021 Minutes 6
Board of Health
Dr. Perlmutter made a motion to grant the pool variance requests for Moon Hill
Community Pool,Aloft, Element Avalon at Lexington Hills and Avalon at Lexington
conditioned on following Covid-19 guidelines and regulations, fencing, signage,posting of
hours of operations and inspection by the health department. Mr. Geller seconded. Roll
Call Vote: Flynn -Yes, Perlmutter —Yes, Geller—Yes,Wolf-Fordham—Yes, Heiger-
Bernays-Yes. Motion carried 5 to 0.
Next Meeting
May 19, 2021 Wednesday @6:30pm
Adiournment
Dr. Perlmutter made a motion to adjourn at 7:46pm. Chair Heiger-Bernays seconded.
Roll Call Vote: Flynn -Yes, Perlmutter —Yes, Geller—Yes,Wolf-Fordham—Yes, Heiger -
Bernays-Yes. Motion carried 5 to 0.
Documents
Health Staff Reports
BOH Ml El
onthly Community Health
Report for April 27 2 Report-April 2021.c
Pool Variance Requests Letters
101
Em
Pool Variance
Requests 4.27.21
April 27, 2021 Minutes 7
Board of Health