HomeMy WebLinkAbout2021-9-29-BOH-min RECEIVED
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LEXINGTON BOARD OF HEALTH
MEETING MINUTES
Wednesday, September 29, 2021 TOWN C.LERK
7:00 PM
Conducted by Remote Participation LEXINGTON
Approved November 16.2021
Board of Health Members in Attendance:
Wendy Heiger-Bernays, PhD, Burt Perlmutter, M.D., John "Jay" Flynn, J.D., David Geller,
M.D., and Susan Wolf-Fordham, J.D., MPA (arrived at 7:15 PM)
Office of Public Health Attendees:
Joanne Belanger, RN, Public Health Director
Casey Mellin, Assistant Health Director
Others:
Doug Lucente, Select Board Liaison
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 September 29, 2021 was called to order by Chair Heiger-Bernays at
7:06 PM
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 Yes
Chair Wendy Heiger-Bernays stated the remote meeting rules for the record. And that the
meeting was being recorded.
Chair Heiger-Bernays introduced Joanne Belanger, the new Public Health Director for the Town
of Lexington. Ms. Belanger introduced herself and stated that the topics will be discussed in
order as posted on the Agenda.
Minutes
The Board will vote to approve the August 2021 Minutes at the next scheduled meeting.
Environmental Health
Lab Animals Regulations
September 29, 2021 Minutes
Board of Health
Ms. Belanger stated that she met with Alicia McCartin, Health Agent, to discuss the Lab
Animals Regulations and she requests more time to gain a better understanding for
discussion at the next meeting.
Chair Heiger-Bernays made a motion to continue the discussion on Lab Animals
Regulations to the next meeting. Dr. Perlmutter seconded. Roll Call Vote: David Geller,
MD Yes, Jay Flynn Yes, Burt Perlmutter, M.D. Yes, Wendy Heiger-Bernays Yes,
Susan Wolf-Fordham, JD., MPA Yes
Status of air quality measures in all Lexington buildings (including schools)
Chair Heiger-Bernays stated that a consulting firm, Environmental Health and
Engineering, were contracted to perform air exchange evaluations in schools prior to their
opening and were to return once students were back in-person to confirm that air
exchanges were in the range of 4 to 6 per hour. She said that the Board has not received
this data yet and that an agreement was made with the public that the air quality was
going to be evaluated.
Mr. Mellin said that he spoke with Mr. Mike Cronin, Director of Public Facilities, and
that Mr. Cronin did not have any new information to report to the Board. Mr. Cronin
informed Mr. Mellin that carbon dioxide levels in the town buildings are being monitored
and samplings are being taken in each space on Wednesdays. The current data is 800
parts per million for more than fifteen minutes.
Chair Heiger-Bernays asked for clarification on whether the samplings are being
performed in all town buildings or just the public schools.
Ms. Belanger responded that in her discussions with Mr. Cronin, he mentioned to her that
it was all public buildings and not just the schools.
Mr. Mellin said that he will locate the documentation stating that the testing is being
performed in all town buildings and that he will provide this to the Board.
Complaint responses: Hearing for 208 Grove Street regarding OTC dated 9-9-21
Mr. Mellin stated that he sent an email to the Board of Health with his findings from an
inspection he performed at 208 Grove Street on September 9, 2021. He noted chronic
dampness and evidence of mold. The property owners, Ms. Liz Brown and Mr. David
Adler, are not disagreeing with the complaint and are instead asking for guidance from
staff and the Board of Health. Ms. Era Vuksani is the tenant of 208 Grove Street and
informed the property owners of the presence of mold and dampness in the basement in
August 2021.
Mr. Adler stated that he asked the tenant to use a dehumidifier in the basement. He added
that the tenant moved around furniture and because of this the mold continued to grow
elsewhere around the house. Mr. Adler also stated that mold specialists had come to the
September 29, 2021 Minutes
Board of Health
property and that in their opinion, no harsh chemical treatments would need to be done
and that general household cleaning products could be used to treat the mold. According
to Mr. Adler there is a drain outside the basement entryway that is clogged and caused a
leak from outside into the basement. Many attempts have been made to clear the drain
and Mr. Adler is getting estimates from professionals to have this fixed. A temporary tarp
has been set up to prevent any additional overflow from coming into the basement.
Mr. Mellin stated that, in his opinion, everyone involved is acting in good faith.
Ms. Belanger said that chronic dampness is a violation under Article 2, the housing code.
However, their personal belongings and where they put them is not a regulation and/or
requirement of the code. That criteria will not be under the prevue of Article 2 until and
unless it becomes a safety hazard.
Ms. Wolf-Fordham asked if the basement floor was tile. Mr. Adler responded that the
basement floor is the and laminate flooring, and that hardwood flooring is only upstairs.
Chair Heiger-Bernays asked if the property was rented as a habitable space. Mr. Adler
and Ms. Vuksani both responded and agreed that the property was rented as a habitable
space.
Ms. Vuksani said that she has rented the property at 208 Grove Street since 2014. There
is currently significant moisture in all of the rooms and she was only using one
dehumidifier.
Chair Heiger-Bernays asked the property owner what the estimate of time is for the drain
to be fixed. Mr. Adler responded that he has received one quote so far and would like to
get a second quote. He added that the work should take less than a week once someone is
hired.
Mr. Flynn said that the Order to Complete should be rescinded and that this process is not
the right way since the corrective actions are being taken.
Ms. Brown said that she has a clear understanding of what the obligations are going
forward, including containing the chronic dampness and removing any remaining mold.
Ms. Brown and Mr. Adler do not have any other questions for the Board.
Ms. Belanger said she is willing to work with the timeframes and requests that the
property owners provide a plan for the timeline and next steps.
Chair Heiger-Bernays stated that the plan presented by the property owners should be
given to staff in the next week.
Ms. Wolf-Fordham requests that Mr. Mellin perform a comprehensive inspection both
upstairs and downstairs at the property.
September 29, 2021 Minutes
Board of Health
Chair Heiger-Bernays made a motion that will allow the property owners to provide a
plan to town staff within the next week, allow town staff to perform a re-inspection, and
that the property owners will move forward as quickly as possible to remediate the issue.
Dr. Geller seconded. Roll Call Vote: David Geller, MD Yes, Jay Flynn Yes, Burt
Perlmutter, M.D. Yes, Wendy Heiger-Bernays Yes, David Geller, MD Yes
Review of inspections and reinspections
Mr. Mellin said that he is not involved in many of the inspections for the month of
August but did provide the health report sheet to the Board. He said that there is one
housing case assigned to Ms. McCartin. She is not present to discuss her findings but Mr.
Mellin said his understanding is that the case is being wrapped up.
Dr. Perlmutter asked Mr. Mellin that if there are repeat critical violations, especially in
the same category, that the offender be invited to come before the Board. Mr. Mellin
responded yes.
Chair Heiger-Bernays asked about town staff using tablets for inspections and thought
this was being implanted years ago. Mr. Mellin responded that the ViewPoint Cloud
permitting system does work the same as a tablet however more staff and additional time
is needed to pull it all together.
Chair Heiger-Bernays requested to see who performs which inspection. Mr. Mellin
responded that the inspections marked with "AM"were performed by Ms. McCartin and
that staff will be more consistent with identifying who performed the inspection moving
forward.
Ms. Belanger stated that she spoke with Julie Krakauer, IT Project Manager, regarding
new software and the use of tablets and hopes to have changes implemented soon.
Mr. Mellin informed the Board that many of the establishments on the inspections/re-
inspections are not open yet.
Mr. Flynn requests that owners of new restaurants and new owners of restaurants, come
to the Board of Health to briefly introduce themselves and provide their background.
Community Health
COVID-19 disease rates/vaccination update
Mr. Mellin stated that Mr. Neylon, Public Health Nurse,provided the Board with the
community health report. The focus is on upcoming flu clinics and states that there are
two flu clinics dedicated to seniors and their caregivers on October 7h and October 13''.
Ms. Belanger informed the Board that registration is full for the flu clinic on October 7'
and that more dates will be announced soon.
September 29, 2021 Minutes
Board of Health
Chair Heiger-Bernays, reviewing the community health report, stated the contract tracing
is continuing and there are two people assisting with that. She added that town staff are
continuing to work with school nurses and congregate care settings as well. The report
also states that Mr. Neylon is working on a cluster of respiratory illnesses and Ms.
Belanger responded that the cluster is taken care of based on conversations with Mr.
Neylon.
Lexington Mask Mandate status
Chair Heiger-Bernays stated that the Board will be revisiting the mask mandate prior to
November 5, 2021 and opened up the discussion to the Board and staff for any updates.
Mr. Mellin informed the Board that he received about fifteen complaints about various
business employees' not wearing masks, and that these complaints were initially in the
first 1-2 weeks of the recent mask mandate. He said that most of the complaints seem to
be outside of the center of Lexington.
Ms. Belanger stated that, as of September 29, 2021, there are: 1,390 cumulative cases, 14
cases since September 23, 2021 (one week period), 29 cases since September 16, 2021
(two week period). She added that the positive rate is 0.54% and that this number has
dropped since previously reported.
Mr. David Moschella, 195 Follen Rd, said he doesn't understand why there is a mask
mandate and asks why the Board of Health continues this requirement.
Chair Heiger-Bernays responded that while the Covid case numbers are trending down,
the rates among the town are not as low. The objective is to keep these numbers low.
Chair Heiger-Bernays added that there are many unvaccinated children, and many
tourists visiting the town, and that the mask mandate will be revised on November 5,
2021.
Dr. Geller agrees to revisit the mask mandate on or prior to November 5, 2021.
Ms. Wolf-Fordham supports the decision of the Board to revisit the mask mandate. She
added that Lexington is not a bubble and has a concern for the unvaccinated children.
Non-COVID Reportable Disease Update
Status of EDS Plan
Mr. Mellin stated that there is a final document and it is his understanding that it is
complete and only needs to be signed.
Ms. Belanger stated that the Town of Lexington is up to date with its deliverables.
Health Office
September 29, 2021 Minutes
Board of Health
Administrative Operations Report; corrective action plan for meeting
scheduling and minutes, staffing status and plans (Health Director,
Administrative Assistant)
Ms. Belanger informed the Board that the new Department Assistant for the Board of
Health will be starting on October 4, 2021.
Ms. Kathleen Lenihan, School Committee representative, said that the Amherst Regional
school district is the first Massachusetts district to require that students aged 16 through
18 be vaccinated for Covid to attend school.
Specific individual status of all actions taken under the BOH authority;
permits,inspections, approvals, and public health issues.
Dr. Perlmutter requested a regularly scheduled day and time for a more consistent Board
of Health meeting.
Adiournment
Dr. Perlmutter made a motion to adjourn at 8:45 PM. Dr. Geller seconded.
Roll Call Vote: Wolf-Fordham—Yes, Flynn - Yes, Geller—Yes, Perlmutter—Yes, Heiger-
Bernays- Yes. Motion carried 5 to 0.
September 29, 2021 Minutes
Board of Health