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HomeMy WebLinkAbout2022-02-15-BOH-min RECEIVED LEXINGTON BOARD OF HEALTH 2022 27 piir, „A„1 piii � MEETING MINUTES TOWN CLERK Tuesday, February 15, 2022 6:30 pm LEXINGTON MA Conducted by Remote Participation Approved April-19-2022 Board of Health Members in Attendance: Wendy Heiger-Bernays Chair, PhD, Burt Perlmutter, M.D., John "Jay" Flynn, J.D., Susan Wolf- Fordham, J.D. MPA, David Geller, M.D (attend at 6:42pm) Board of Health Member Absent: Select Board (Liaison): Doug Lucente (Absence) Office of Public Health Attendees: Joanne Belanger, RN, Public Health Director, Alicia McCartin, Assistant Health Director, Siqing Pan, Department Assistant Documents: Staff Appointment dated on February 15 h 1 2022 Warrant Petition Text(final) ofLexington Zero Waste Resolution Article 27: Zero Waste Resolution presentation slices dated on February 6''', 2022 Humane Pet Store Bylaw:Amending the Code ofLexington, Chapter 9, Animals Key Statements ofArticle: Ongoing Outbreak ofExtensively Drug-Resistant Campylobacter jejuni Infections Associated with US Pet Store Puppies, 2016-2020 Flyer of the humane Pet Store Bylaw Presentation slices of The Humane Pet Store Bylaw Variance request letter regarding State of MA Plumbing Board from NSMC Reply on Variance request from Lexington Plumbing and Gas Inspector Tobacco Control report on January, 2022 Environmental Health Report Letter from Solid Waste Management Section National Association of County & City Health Officials (NACCHO) Membership Certificate of Lexington Board ofHealth Meeting Called to Order: Board of Health meeting of February 15, 2022 was called to order by Chair Wendy Heiger- Bernays at 6:31 pm. Minutes Approval-Roll Call Vote Dr. Heiger-Bernays made a motion to accept the minutes on January 111h & 181h, 2022 as edited. Roll Call Vote: Mr. Flynn—Yes,Dr. Perlmutter—Yes,Ms. Wolf-Fordham—Yes, Dr. Heiger-Bernays -Yes. Motion carried 4 to 0. All in favor. Unanimously moved. Minutes are accepted with revision. Open Forum (2 minutes per person, state your name and address) 1 • Teresa Wright, 35 Reed Street, stated she supports to lift the mandate and allow Lexington to be mask optional at the end of the month in alignment with other Towns like Bedford and Department of Public Health of Massachusetts. • Michael Bruce,7 Stetson Street,stated he is also in support of making Lexington mask optional community, which should be consistent with the Department of Public Health guidance that was issued on Feb 15Th 2022. • Susan Buckley Kingsbury, 9 Middle Street, requested that Lexington move from a mask mandate to a mask friendly environment for the Town. She suggested it goes to mask optional status and to rescind mask mandate immediately. • Jeff Sparks, 9 Saddle Club Rd, suggested to urge people to use N95 mask as an effective public health measure, if they are vulnerable or live in households with the vulnerable,rather than try to enforce a mask mandate across the board, particularly with masks that aren't all that effective. He thought the Town would certainly support funding for N95 masks for anyone who needs them. • Lana Panasyuk, 28 Saddle Club Rd,proposed the change to mask optional, in accordance with February 15Ih's guidance of Massachusetts Department of Public Health. • Lee Manning stated she was in favor of rescinding the mask mandate as soon as possible. She mentioned a study of children was impacted by Covid-19 and wearing masks. All public comments were taken under advisement. Cheryl Sbarra, JD. Executive Director, Senior Staff Attorney and Director of Policy and Law. Massachusetts Association of Health Boards (MAHB) Discussion Re: Appointment of Staff as Agents of the Board of Health Cheryl Sbarra, the Executive Director and senior staff attorney for the Massachusetts Association of Health Boards, provided information on the concepts and approaches that are used to grant authority to health department staff to carry out the daily work of the Board of Health. Dr. Heiger-Bernays inquired about the phrase that refers to allow the Board to grant the authority. Ms. Sbarra stated it's written in case law and in general common law. It's a part of contract law that states the Board can delegate authority, so health director is able to enforce as authorized by Board of Health. The Board has to authorize someone as an agent unless you're going to do the work yourself, so it's a combination of contract law, common law,regular regulatory requirements and statutory requirements. Mr. Flynn reinforced that this discussion is about the legal authorization and the designation of responsibilities in terms of an agent. The Board fully recognized the health director and her staff as responsible parties. The question is what is the appropriate delegation of authority in perspective of legal viewpoint. Ms. Sbarra stated it was clear that the health department is working on behalf of the Board of Health and with its authorization. Mr. Flynn stated the new revised version of the memo is an incredibly significant improvement, and suggested to approve it as it is. Ms. Wolf-Fordham inquired about the correct language on whoever has the authority to do the daily work. Ms. Sbarra explained the reasons why they were separated out. 2 Dr. Heiger-Bernays inquired about why the town manager is included to approve the authorization of making emergency appointments of Health Agents. Ms. Sbarra stated that it is probably required as part of the strong town manager charter in Lexington. Ms. Sbarra stated she will be happy to work with Ms. Belanger to rewrite that section. Dr. Geller and Dr. Perlmutter stated they had no questions on it. Ms. Wolf-Fordham stated she was not comfortable yet with the language of the emergency authorization, but certainly comfortable with the delegation part. She stated she preferred the idea of keeping them as two separate votes on two separate issues. It's really important to make sure that the director and her staff have the authority. Dr. Perlmutter made a motion to that the Board of Health to approve the delegation portion of this letter and defer the remainder until it's reworked. Ms. Wolf-Fordham seconded. Roll call vote: Mr. Flynn—Yes,Dr. Geller—Yes, Dr. Perlmutter—Yes,Ms. Wolf-Fordham—Yes, Dr. Heiger-Bernays-Yes. Motion carried 5 to 0. All in favor. Unanimously moved. "Appointment of Staff*as Agents of*the Board of Health -Delegation Delegation: The Board ofHealth hereby delegates its legal authority to enforce state statutes and state and local regulations to the Board's agents as listed below in Section A. This delegation is for the fiscal period ofJuly 1, 2021, through June 30, 2022, and beyond, as the Board deems necessary. Said appointment is for regulatory legal authority only and does not guarantee any salary or fee. Section A. Joanne Belanger:Director ofPublic Health Alicia McCartin:Assistant Director ofPublic Health Ian Worstell.Agent(Wilmington, Lexington, Bedford, Concord-Tobacco Control Program) Michael Leskouski:Agent(Animal Control Officer)" Zero Waste Resolution. Warrant Article 27 Janet Kern and Hien Nguyen made a presentation to ask the Board of Health to vote to support Article 27 - Zero Waste resolution for Lexington. The resolution asked for two things: one is for the town to adopt model Zero Waste principles and the other is to develop a Zero Waste plan by 2023. Mr. Flynn stated he supports it. The principles of trying to reduce waste especially solid waste are critically important to our future. His concern was how to phrase it, so the Board can adopt the principles. He was not sure what kind of statement from the board should make. Ms. Kern stated this is a nonbinding resolution for town meeting. They are not committing the town or the Board to any action. Ms. Nguyen reiterated that it's a nonbinding resolution to develop a plan, and whether the plan gets implemented would go through the usual processes that the town goes through to decide those issues. Dr. Perlmutter stated he is in favor of any resolution that reduces waste. Dr. Geller stated he supports the initiative. 3 Ms. Wolf-Fordham questioned whether Board has authority to adopt resolution. Ms. Kern stated the Board wouldn't be adopting this resolution. They attended the meeting to ask for Board's support, and then it will be discussed in Town meeting and voted to be adopted. Dr. Heiger-Bernays stated she wholeheartedly support this resolution. It is probably the most important public health measures that will have to be taken over the next few years. Dr. Heiger-Bernays made a motion to support for the Zero Waste initiative, and stated that it is in the interest of the public health that the town pursue this. Dr. Perlmutter seconded. Roll call vote: Ms. Wolf-Fordham— Yes, Dr. Geller— Yes, Dr. Perlmutter — Yes, Mr. Flynn —Yes, Dr. Heiger-Bernays-Yes. Motion carried 5 to 0. All in favor. Unanimously moved. Humane Pet Store Bylaw. Amending the Code of Lexington, Chapter 9 Pam Baker made a presentation to ask the Board of Health to vote to support the humane pet store bylaw, amending the code of Lexington, chapter 9. Dr. Perlmutter stated he agrees with reducing puppy mills dogs on the basis of humane treatment of dogs but that may go beyond our public health mandate. He suggested to get more information to determine the risk to public health. Ms. Baker provided information on pet store puppies and cases of campylobacter jejuni which poses a public health risk. She stated this risk is easily avoidable by making sure that we don't have pet stores that sell sick animals that would put us at that kind of risk. Ms. Wolf-Fordham appreciated Ms. Baker made a very compelling case about the health risks. Dr. Geller also expressed his appreciation to Ms. Baker for providing this information on health risks and stated there is also a moral obligation in this issue. Mr. Flynn and Dr. Heiger-Bernays stated they agree with all fellow members comments. Dr. Perlmutter made a motion to that the Board of Health to support the amendment to the code regarding pet stores handling of puppy mill dogs, because of the public health risk as explained. Mr. Flynn seconded. Roll call vote: Ms. Wolf-Fordham — Yes, Dr. Geller — Yes, Mr. Flynn—Yes, Dr. Perlmutter—Yes, Dr. Heiger-Bernays -Yes. Motion carried 5 to 0. All in favor. Unanimously moved. Variance request to Plumbing Code for Ma Plumbing Board - 10 Maguire Road Ms. Belanger provided the Board with an explanation of the variance request and a letter from the Plumbing Inspection explaining why he was not in favor of the variance being granted. She recommended that the Board deny the variance. Dr.Heiger-Bernays made a motion not to grant the variance because the plumbing code does not allow use of concrete materials in this way, and the following_ the existing 18" concrete piping isn't an approved underground storm drainage material as per Massachusetts CMR 248 plumbing Code Section 10.06 (materials) (G) storm and sanitary below grade, and not an approved connection method as per section 10.07 (joints and connections). Mr. Flynn seconded. Roll call vote: Dr. Geller — Yes, Ms. Wolf-Fordham — Yes, Dr. Perlmutter — Yes, 4 Dr. Heiger-Bernays — Yes, Mr. Flynn — Yes. Motion carried. All in favor. Unanimously moved. Lexington Mask Mandate and COVID update Dr. Heiger-Bernays gave an update of Covid-19, the situation in Lexington, Middlesex County, Massachusetts, and the US in order to review mask mandate in Lexington. • Covid-19 cases in wastewater has gone way down, consistent with the numbers of Covid-19 cases. Covid-19 cases were still being reported. • The home testing results don't appear in the electronic database that are reported by the State. • PCR testing is going down as people received their home tests, which is consistent with data from the state. There is still good surveillance testing going on with people who are working at universities where they're required to be tested once or twice a week. • Omicron remains a highly transmissible variant. It has a very short incubation period. Some evidence shows home tests do not detect Covid-19 in people who are not symptomatic. • New evidence shows 30% of people remain infectious after five days of isolation. • Children under 12 cannot have boosters and children under five cannot be vaccinated. • It is recognized that Covid-19 cases have increased routinely after school break. March 151h is two weeks after February school break. • Available tools to protect health are: vaccination — boosters when possible, ventilation of indoor spaces, use of well-fitting masks. • Residents in Lexington have elevated rates of vaccination compared with many other communities. • Effective and consistent masking is critical to reduce risk under the new isolation and quarantine periods. If people cannot effectively mask and may be subject to longer home isolation or quarantine, regardless of vaccination status. • It is clear that masks are effective. • Only 58% of Lexington residents are boosted. Dr. Julie Hackett, Superintendent of Schools and Karen Rufo, Director of School Health Services spoke to the Board and gave an update on the Lexington School district. Ms. Rufo sent a letter to the Board on behalf of school nurse. Dr. Hackett urged the Board to consider keeping the mass mandate until March 15, so that schools can get through those couple of weeks post vacation. Then masks could be voluntary when the mask mandate ends. Schools will continue to do weekly Covid-19 pooled testing as well as participating in the at home antigen test program. Ms. Rufo stated there will be vaccine clinics at the schools. There will be three more clinics through March 151h. People will have enough time to get vaccination by extending mask mandate to March 15th. Dr. Hackett recommended keeping mask mandate in place until March 15th. Dr. Geller stated he would like to remove the mask the mandate sooner than March 15th, even by one week. Mr. Flynn stated the mask mandate in Lexington applying to public spaces excluded schools. Schools are not within Board's authority. Dr. Heiger-Bernays expressed we are one community, 5 and the mandate is for all indoor spaces, which does include the schools. Dr. Perlmutter stated he is in favor of continuing mask mandate endorsement. Ms. Wolf-Fordham stated it is good to coordinate with the school system, and she is in favor of retaining mask mandate until March 15Ih 2022. Ms. Wolf-Fordham proposed to make a statement supporting the Health Department and Board of Health in Salem,because messages they received were full of invective,threats,and hate. Roll call vote: Dr. Geller — Yes, Dr. Perlmutter — Yes, Mr. Flynn — Yes, Ms. Wolf- Fordham— Yes, Dr. Heiger-Bernays- Yes. Motion carried 5 to 0. All in favor. Unanimously moved. Tobacco Control Update—January Report 2022 Ms. Belanger gave a brief overview of the January Tobacco report. Dr. Heiger-Bernays expressed concern about youngsters being attracted to vaping. Dr. Geller agreed what Dr. Heiger-Bernays said. Health Staff Reports Ms. Belanger briefly described the health reports provided by Ms. McCartin. Ms. Belanger also provided the recruiting information of health agent and public health nurse. Ms. McCartin introduced housing cases and inspection in January. Ms. Belanger briefly discussed her work with the food recovery program in the schools. She stated Covid-19 test kits is on the way. Ms. Belanger also provided a membership certificate for the Lexington Board of Health in NACCHO (National Association of County and City Health Officials). Ms. Wolf-Fordham expressed her appreciation to Ms. Belanger's work for the Board of Health. New/Old Business Ms. Belanger displayed the new mask mandate signage and the larger size available for businesses. Adiournment Dr. Heiger-Bernays made a motion to adjourn at 8:52pm. Motion carried. All in favor. 6