HomeMy WebLinkAbout2022-03-15-BOH-min RECEIVED
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LEXINGTON BOARD OF HEALTH TOWN CLERK
MEETING MINUTES LEXINGTON MA
Tuesday, March 15, 2022 6:30 pm
Conducted by Remote Participation
Approved April-19-2022
Board of Health Members in Attendance:
Burt Perlmutter, M.D., John "Jay" Flynn, J.D., Susan Wolf-Fordham, J.D. MPA, David Geller,
M.D
Board of Health Member Absent:
Wendy Heiger-Bernays Chair, PhD
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:
Draft BOH meeting minutes 2-15-2022
Draft BOH meeting minutes 3-8-2022
BOH meeting calendar 2022
Letter to restaurant Bertucci's Cease and Desist Operating without a permit
FDA Retail Food Standards SK Grant Award
Tobacco Control Report in February
Environmental Health Report in March
Legal Notice describing planned aerial applications to control mosquito larvae from Mass State
Reclamation & Mosquito Control Board
Letter from Tighe &Bond, Inc regarding public notification of release notification and permanent
solution with no conditions statement vicinity of 59 York Street
Letter from Eversource Energy selectively application herbicides in 2022 along power line rights-
of-way that pass-through Lexington
45 Day Yearly Operational Plan Public Notice from Eversource Energy
TSA statement regarding face mask use on public transportation
MAHB memorandum to local BOH regarding threats to cause listing of Covid-19 mandates
allegation/response letter
Meeting Called to Order:
Board of Health meeting of March 15, 2022 was called to order by Dr. Perlmutter at 6:33 pm.
Minutes Approval-Roll Call Vote
Mr.Flynn made a motion to table the minutes of February 15th,2022 subject to incorporation
of the text of the motion to accept the delegation of authority and to record appropriately
that the second section deferred and it will be subject to review and a brought back as a
separate agenda item. Dr. Perlmutter also made an edit to the wording.Dr. Geller seconded.
Roll Call Vote: Mr. Flynn—Yes, Dr. Geller—Yes,Ms. Wolf-Fordham—Yes, Dr. Perlmutter
—Yes. Motion carried 4 to 0. All in favor. Unanimously moved.
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Mr. Flynn made a motion to accept the minutes on March 8th, 2022. Dr. Geller seconded.
Roll Call Vote: Mr. Flynn—Yes, Dr. Geller—Yes,Ms. Wolf-Fordham—Yes, Dr. Perlmutter
—Yes. Motion carried 4 to 0. All in favor. Unanimously moved.
Open Forum (2 minutes per person, state your name and address)
None
Discussion on future meeting schedule—virtual vs. in-person
Ms. Belanger stated there was a vote taken by the legislature that meetings can continue to be held
virtually until July, 2022. She inquired about whether the BOH meeting will stay remote or go
back to in person. She suggested this decision could be made either month to month or through
June.
Ms. Wolf-Fordham stated she preferred remote meeting because of childcare responsibilities. Mr.
Flynn stated he supports remote meetings. It is more convenient even for the public. Dr. Geller
stated he also supports remote meetings. It is easier for people to attend, especially general
attendees. Dr. Perlmutter stated he also supports remote meetings. It is convenient for him to
remotely attend the meeting during vacation.
Ms. Belanger stated it is more difficult to set up a hybrid meeting. It needs to be careful to make
sure everyone has access and accessibility to participate in meetings remotely.
BOH meeting in April will be remote.Dr.Perlmutter suggested putting this item on April's agenda.
The Board will vote again at the next meeting regarding the May and June meetings.
Report on "host kitchens"
Ms. McCartin explained the differences between"Ghost kitchens" and"Cloud kitchens". A cloud
kitchen refers to a takeout-only restaurant. A ghost kitchen is kind of a business within a business.
Some restaurants, especially some chain restaurants, are operating other food businesses out of
their kitchen. It was discovered that Bertucci's has been operating ghost kitchens out of their
Lexington address. Other towns across the State have had same issues. Ms. McCartin has spoken
with the Bertucci's manager and stated that permits are required for ghost kitchens. Ms. McCartin
stated she has issued letters to notify all food establishments in Lexington to stop operating ghost
kitchens until they apply for the proper permits through the health department.Ms.McCartin stated
these separate businesses have different phone numbers and different websites to order food.
Mr. Flynn asked questions in order to clarify that the food is being prepared in Lexington but under
a different name from the Brick-and-Mortar restaurant (food businesses with one address where
the kitchen is located).
Dr. Perlmutter clarified that both the restaurant and ghost kitchen need separate permits.
Ms. Wolf-Fordham used Google and found a ghost kitchen at Bertucci's address in Lexington that
was still on the internet. Ms. Belanger stated once it is on the internet, it is hard to remove but that
if you try to order food through an online delivery, the menus won't appear.
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Dr. Perlmutter stated the ghost kitchens are inappropriate. The Board needs to be able to maintain
oversights for all the restaurants operating in Lexington. Ms. Belanger responded there is a meeting
scheduled on Thursday with Mass Health Offices to discuss this issue. She is concerned that there
is no way to trace back if there is a foodborne illness.
FDA Retail Food Standards —5K Grant Award
Ms. McCartin introduced the $5000 grant of NEHA Retail Flexible Funding Model Grant
Program,which health department applied for the purpose of increasing the electronic inspections
and covering expenses. Inspections for food, housing, pools, recreational camps, nuisance could
be processed by using an electronic inspection software under this effective platform.
Dr. Perlmutter asked if this electronic inspection processing will make inspections easier? Ms.
McCartin stated it will make inspection reporting easier. Reports can then be downloaded into
permit system so it is easier to check past records.
Ms. Wolf-Fordham inquired about the budget regarding licensing fees in subsequent years. Ms.
McCartin stated the grant could be applied year by year. Ms. Belanger stated it is also under
discussion with IT. Ms.Belanger also stated Ms.McCartin has started the nationwide accreditation
process to meet the FDA standards which opens more opportunities for future grants.
Tobacco Control Update—February Report 2022
The Tobacco Control Report for February was reviewed. There were no questions from Board.
Health Staff Reports
Ms. Belanger reported that there was a small outbreak of Covid-19 in the high school. A booster
clinic was held at the police department by Ms. Belanger and Ms. McCartin. Ms. Belanger also
announced the medical waste collection day scheduled for the upcoming Saturday (10:00 am-
12:00 am) in the parking lot behind the town office building for sharps and unused, unneeded
medications.
Dr. Perlmutter inquired about the medical waste collection box locates behind the town office
building. Ms. Belanger stated the kiosks are still there for sharps and medical waste.
Ms. Belanger stated she was still working with Mr. Perry on reviewing Board of Health
regulations. She also stated she and Ms. McCartin have been virtually participating in the MHOA-
DEP annual winter seminars. She stated one thing she is working on is the Region 4A MRC
transition team. It is important to have an active Medical Reserve Corp Unit in Lexington. She
notified that collectively membership in MAHB has been renewed. Ms. Wolf-Fordham asked to
share password for the MAHB website. Ms. Belanger stated a generic password will be forwarded
once membership renewed.
New/Old Business
Ms. Belanger reviewed correspondence provided to the Board general legal notice regarding the
mosquito control district, a public Notice of Release (NOR) from DEP, a letter from Eversource
detailing plans to do herbiciding of the rights-of-way in Lexington. She also provided a TSA
statement regarding masking requirement in public transportation that has been extended to April
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18th, 2022. She then provided a MAHB document outlining local Board of Health authority
regarding mask mandates and other circumstances involving Covid-19 mitigation efforts.
Ms. Wolf-Fordham displayed the Lexington Core Value Award certificates from Lexington Public
Schools for the Board members and Select Board Liaison. These certificates could be picked up at
the Health department later. She briefly described her attendance representing the Board of Health
during the meeting of the Lexington Public Schools, and she also forwarded the appreciation from
School Committee.
Adiournment
Dr. Geller made a motion to adjourn at 7:34pm. Ms. Wolf-Fordham seconded. Motion
carried. All in favor.
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