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HomeMy WebLinkAbout2021-4-27-BOH-min RECEIVED 2021 21 SII pec, 5�54 pim 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