HomeMy WebLinkAbout2022-04-19-BOH-min RECEIVED
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LEXINGTON BOARD OF HEALTH TOWN CLERK
MEETING MINUTES LEXINGTON MA
Tuesday,April 19, 2022 6:30 pm
Conducted by Remote Participation
Approved May-17-2022
Board of Health Members in Attendance:
Wendy Heiger-Bernays Chair, PhD (Leave at 7:24pm), Burt Perlmutter, M.D., John "Jay" Flynn,
J.D., Susan Wolf-Fordham, J.D. MPA, David Geller, M.D
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, Jessica
Shah, Health Agent, Siqing Pan, Department Assistant
Documents:
Draft BOH meeting minutes 2-15-2022
Draft BOH meeting minutes 3-15-2022
BOH meeting calendar 2022
Remote meetings Memorandum from Town Manager
Pool Variance request letters
Proposed Condition to Life Guards at 475 Bedford St Indoor Pool
Exempt letter from Rabies Vaccination Request
Changes to the Health Division Fee Schedule
Lexington Health Division Fee Schedule
Lexington Covid Cases for 4-19-2022
LPS Weekly Covid-19 Cases November 2021—April 2022
Tobacco Control Report in March
Environmental Health Report in April
Food Rescue and Food link program Information letter
Correspondence to farmers market 2022
Letter from Lexington Lions Club
Meeting Called to Order:
Board of Health meeting of April 19, 2022 was called to order by Dr. Heiger-Bernays at 6:30 pm.
Open Forum (2 minutes per person, state your name and address)
None
Introduction of new Health Agent: Jessica Shah
Ms. Belanger introduced the new Health Agent: Jessica Shah. Ms. Shah introduced herself
formally.
Discussion on future meeting schedule—virtual vs. in-person
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Ms. Belanger stated the meeting schedule should be updated as 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. Ms. Wolf-Fordham inquired
about whether it would be required to be held in person in July after legislative extension of virtual
meeting schedule ends. Ms. Belanger stated the legislative extension of virtual meetings will end
in July unless it is extended again.
But 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. Dr. Heiger-Bernays suggested to keep
virtual meetings in May and June, and then discuss July's meeting schedule at June's meeting. Dr.
Geller and Ms. Wolf-Fordham stated they preferred virtual meeting.
Ms.Wolf-Fordham made a motion to schedule the meetings in May and June,2022 virtually.
Dr. Perlmutter seconded. 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.
Swimming Pool Variance Requests
105 CMR 435.23 (1) Lifeguards
Code of the Town of Lexington, Chapter 155-116
Adams Pool: 18 Brent Road Wading Pool & Semi-Public Pool
Pleasant Brook: 23R Mason St
Moon Hill: S24 Moon Hill Road Wading Pool & Semi-Public Pool
Aloft: 727 Marrett Rd
Elements: 727 Marrett Rd
Swimming Pool— Condition of Permit discussion;
475 Bedford St—Former Boston Sports Club
Ms. Belanger provided 5 variance request letters from the applicants regarding the lifeguard
variance requests.
Dr. Perlmutter clarified the opening hours and lifeguard on-duty time of these swimming pools.
He stated some swimming pools with no lifeguards on-duty were regularly approved if there was
a proper sign posted. Ms. McCartin confirmed there were some swimming pools operating without
lifeguards. Ms. Wolf-Fordham and Dr. Perlmutter inquired about the proposed language of signs
in different swimming pools.Ms. Belanger stated lifeguard variance requests can be approved only
if the exact language is on the posted sign.
Dr. Perlmutter made a motion to grant the variance request from the requirement of
lifeguards for the safe operation of pools as listed under Article XVI, Bathing Places § 155-
116. In addition, all requirements of 105 CMR 435.23 (2) shall be met including all signage
which includes: "Warning No Lifeguard on Duty" in easy to read, legible letters which are
at least four inches high "Children under age 16 should not use swimming pool without an
adult in attendance" and another sign that states, "Adults should not swim alone." This
variance applies only to the following seasonal pool facilities, which have made the request
in writing. They are listed as follows: Adams, Moon Hill, Pleasant Brook, Aloft, Element.
This Variance will expire at the end of the Seasonal Pool season or upon notification of an
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unsafe operating condition at a specific facility. Dr. Geller seconded. Roll Call Vote: Ms.
Wolf-Fordham—Yes, Dr. Perlmutter —Yes, Dr. Geller — Yes, Mr. Flynn—Yes, Dr. Heiger-
Bernays —Yes. Motion carried 5 to 0. All in favor. Unanimously moved.
Ms. Belanger also provided a proposed Condition of Permit letter regarding the swimming pool at
475 Bedford St. Ms. McCartin clarified the opening hours of pool. It could be rented for a team's
practice for certain period, but is not open to the public.
Mr. Flynn inquired about the team size and adequate number of lifeguards.
Ms. McCartin stated she was told there will be multiple coaching staff with lifeguard certificates
on site for each team in the facility at once. Mr. Flynn suggested to have a sign-in procedure for
the swim team each time to identify the lifeguards, and keep lifeguard certifications on to be
checked during inspections. This will ensure the process is conducted properly.
Ms. Belanger stated that the number of teams which utilize the facility is unknown at the time, it
may require additional inspections to make sure the pool will operate properly. Ms. McCartin
stated this could be solved by submitting rental agreements for the teams.
Dr.Perlmutter made a motion to approve the request for a variance for the requirement that
"the operator shall provide one or more lifeguards 16 years of age or older", as a condition
of their permit application for a semi-public pool permit for 475 Bedford St Indoor Pool
under the conditions that all swim coaches submit their Life Guard Certification as part of
the permit application. Staff of the facility must be present at all times that the pool is in
operation and must check and document that a certified Life Guard(s), in the number
necessary to meet 105 CMR 435.23, are present at all times in the pool area. This Variance
will expire at the end of the permit date of April 30, 2023 to be reviewed by the Lexington
Board of Health on or before that date or upon notification of any unsafe operating condition
at the specific facility. Dr. Geller seconded. Roll Call Vote: Mr. Flynn—Yes, Dr. Perlmutter
—Yes,Ms.Wolf-Fordham—Yes,Dr. Geller—Yes,Dr. Heiger-Bernays—Yes. Motion carried
5 to 0. All in favor. Unanimously moved.
New Food Establishment: Inspire Bowl n' tea
Ms.McCartin briefly introduced the new food permit application—Inspire Bowl n' tea. This permit
application has gone through Floor Plan review process which has been approved. It is now
working on building out its food facility.
Walter Chan, the owner of Inspire Bowl n' tea at 1686 Massachusetts Avenue, Lexington,
generally introduced his Food establishment- Inspire Bowl n' tea.
The Board of Health felt satisfied with Inspire Bowl n' tea. Dr. Perlmutter clarified the menu for
the establishment.
Rabies Vaccine Waivers:
MGL Chapter 140, Section 145B, (d)(i)
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Ms. Belanger provided the rabies vaccine waiver request letter and other documents relevant to
the waivers.
Dr. Geller expressed his concerns on rabies because it is dangerous and may cause a major health
issue.
Dr. Heiger-Bernays made a motion to ratify the approval for the waivers from the rabies
vaccine requirements for these animals that have been approved and have letters written by
veterinarians. Dr. Geller seconded. Roll Call Vote: Dr. Perlmutter — Yes, Mr. Flynn — Yes,
Ms. Wolf-Fordham — Yes, Dr. Geller — Yes, Dr. Heiger-Bernays — Yes. Motion carried 5 to
0. All in favor. Unanimously moved.
COVID 19 Status and Discussion
Dr. Heiger-Bernays stated there are two issues that Board of Health continue to focus on:
vaccination and ventilation. She stated the Covid-19 vaccination rate of the first booster was lower
than initial vaccination rate. This will make BOH focus on figuring out why residents remain
unboostered and identify some options for improving the booster' rates. She also stated ventilation
for indoor spaces, especially in schools, should remain a priority for Covid-19, influenza and other
diseases. She strongly suggested DPW continues to take CO2 measurements and not just once a
day, which she stated is insufficient. She stated the ventilation and air quality monitoring should
continue, and should be followed up on.
Dr. Geller agreed that boosting vaccination is an issue.
Dr. Perlmutter was provided second booster information at his senior assisted living facility. He
inquired about the second booster rate. Ms. Belanger stated the second booster is only allowed for
50+ and certain people. It is not broadly recommended and is not tracked take the first booster.
Dr. Heiger-Bernays stated the State reported vaccination rates of people between 28 and 42 years
old,who could be vaccinated and who could be boosted but are not, are only in the 60%. The rates
should be higher.
Dr. Perlmutter took over the meeting as chair formally at 7:24pm due to the absence of Chair Dr.
Heiger-Bernays.
Ms. Belanger stated the Covid positive numbers increased again.But fortunately,free home testing
kits were still available. The home testing results are undocumented. Dr. Perlmutter clarified this
increase is considered to be a bump but not a surge, because it is a slight increase. He stated that
Covid tracking will continue since the mask mandate in transportation changed. Ms. Belanger
stated she encourages mask wearing and also to be accepting of people that are wearing masks
because of personal reasons. Dr. Perlmutter recommended continue to provide education to
residents because it is difficult to identify unboostered people specifically.
Mr. Flynn expressed his appreciation to the town website as a source of information, and his
recommendation of second booster vaccination. He suggested the locations where to get booster
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should be listed in the Town website. Ms. Belanger stated this suggestion will be well-taken. Ms.
Belanger also provided the Covid data from the schools and the LABBB.
Fee Schedule Update
Ms. Belanger explained the fee schedule updates on permit of mobile trucks and mobile ice cream
trucks, and the removal of burial permit fee. The Board did assign the clerk as the burial agent
dated back in 2013.
Mr. Flynn made a motion to approve the following changes to the Health Division fee
schedule and the food services to have the ice cream truck Permit$75 and add a mobile food
truck permit for$150. Both of those shall be effective as of May 1st,2022.Ms.Wolf-Fordham
seconded. Roll Call Vote: Ms. Wolf-Fordham — Yes, Dr. Geller— Yes, Mr. Flynn— Yes, Dr.
Perlmutter—Yes, Motion carried 4 to 0. All in favor. Unanimously moved.
Mr. Flynn made a motion to approve the changes: The Health Division Fees Schedule under
burial and funeral, to remove the burial permit of $25 effectively immediately. Dr. Geller
seconded. Roll Call Vote: Ms. Wolf-Fordham — Yes, Dr. Geller— Yes, Mr. Flynn— Yes, Dr.
Perlmutter—Yes, Motion carried 4 to 0. All in favor. Unanimously moved.
Tobacco Control Update—March Report 2022
The Tobacco Control Report for March was reviewed. There were no questions from Board.
Health Staff Reports
Ms. McCartin provided information of follow-up inspection on "Ghost Kitchen" of Bertucci's.
She stated they have corrected all violations. She also described a case of trash bag cleaned up in
backyard of a property. Ms. McCartin did a lead determination apprenticeship, so she is a licensed
lead determinator now.
Ms. Belanger provided letters regarding the food share and food rescue program. The data of these
programs will be reported to the Board of Health later. The links of food share program and food
rescue program were attached in the meeting packet. The food share program will help to make
sure food will not be wasted and shared food will be stored adequately. The food rescue program
will be applied to donate the food. These programs are in a pilot phase and have been started at 3
schools: Lexington High Schools, William Diamond Middle School, and Maria Hastings
Elementary school.
Ms. Belanger also described a successful medical waste collection event on March 19th 2022. She
stated she will continue to work on a transition group with region 4A for Medical Reserve Corps.
restructure in Lexington. It is important to have an active Medical Reserve Corps Unit in
Lexington. She virtually attended the Massachusetts Adult Immunization Coalition (MAIC)
Annual Conference. She was invited to speak at the Lions Club and provided a letter from
Lexington Lions Club expressed their appreciation to herself and health department.
Ms. Wolf-Fordham inquired about MAIC. Ms. Belanger responded it is a coalition of multi-
disciplines. A variety of healthcare providers that have a stake in adult immunization and adult
health. Ms. Wolf-Fordham also inquired about other states and this type of group. Ms. Belanger
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stated most states do have vaccine coalitions. In Massachusetts, it is organized and lead by the
Department of Public Health.
Minutes Approval-Roll Call Vote
Dr. Perlmutter made a motion to accept the minutes on February 15th, 2022. Dr. Geller
seconded. Roll Call Vote: Ms. Wolf-Fordham — Yes, Dr. Geller— Yes, Mr. Flynn — Yes, Dr.
Perlmutter—Yes. Motion carried 4 to 0. All in favor. Unanimously moved.
Dr. Perlmutter made a motion to accept the minutes on February 15th, 2022. Ms. Wolf-
Fordham seconded. Roll Call Vote: Ms. Wolf-Fordham—Yes,Dr. Geller—Yes,Mr. Flynn—
Yes, Dr. Perlmutter—Yes. Motion carried 4 to 0. All in favor. Unanimously moved.
New/Old Business
Ms. McCartin described she and Ms. Shah did the temporary food permit inspections for the
Patriots Day. There were six temporary food permits received in this year. Two of them were
pancake breakfast, and the other four were from the same vender. The served food was fries,
sausage,popcorn, cotton candy, and pretzels.
Ms. Belanger described the notification she received from the East Middlesex Mosquito Control
Project. The scheduled aerial spraying of two locations Tophet Swamp and Great Meadows will
be conducted between April 21" and May 6th, 2022. It will be notified one day earlier because it's
all contingent on weather, temperatures, wind speed, and the availability of the helicopter. This
information will be listed on the town website to public.
Adiournment
Ms. Wolf-Fordham made a motion to adjourn at 8:06pm. Dr. Geller seconded. Motion
carried. All in favor.
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