HomeMy WebLinkAbout2022-05-17-BOH-min
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LEXINGTON BOARD OF HEALTH
MEETING MINUTES
Tuesday, May 17, 2022 6:30 pm
Conducted by Remote Participation
Approved 06-28-2022
Board of Health Members in Attendance:
Wendy Heiger-Bernays Chair, PhD, Burt Perlmutter, M.D., Susan Wolf-Fordham, J.D. MPA,
David Geller, M.D (Leave at 7:42pm), Jillian Tung, M.D., M.P.H.
Board of Health Member Absent:
Select Board (Liaison): Doug Lucente
Office of Public Health Attendees:
Alicia McCartin, Assistant Health Director, Jessica Shah, Health Agent, Kelliann Coleman, Public
Health Nurse, Siqing Pan, Department Assistant
Office of Public Health Attendees Absent: Joanne Belanger, RN, Public Health Director
Documents:
Draft BOH meeting minutes 4-19-2022
Swimming Pool Variance request letters
New Food Establishment Variance request letters
Westview Cemetery Septic Installation Variance request letters
Sub-surface sewage Disposal system plan – 520 Bedford Street
Wetland Flagging Memorandum letter – 520 Bedford Street
Exempt letters from Rabies Vaccination Request
Lexington Covid Cases Since January 2022
Letter from Lexington Superintendent regarding Covid in Public Schools
LPS Weekly Covid-19 Cases November 2021 – May 2022
LABBB Covid-19 Data Summary – Lexington High Schools January 2022 – May 2022
Report from Mosquito Control District
Tobacco Control Report in April
Environmental Health Reports in April
Public Health Director Report as of May 17th, 2022
Sanitary Sewer Overflow (SSO)/ Bypass Notification Form
Notice of Document Availability Release Notification Form
Meeting Called to Order:
Board of Health meeting of May 17, 2022 was called to order by Dr. Heiger-Bernays at 6:31 pm.
Welcome new Board of Health Member – Jillian Tung, MD, MPH
Dr. Heiger-Bernays introduced the new Board of Health member: Jillian Tung. Dr. Tung
introduced herself formally.
Welcome new Staff member – Kelliann Coleman, RN
Dr. Heiger-Bernays introduced the new Public Health Nurse: Kelliann Coleman. Ms. Coleman
introduced herself formally.
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Minutes Approval
Dr. Perlmutter made a motion to accept the minutes on April 19th, 2022 as written. Dr. Geller
seconded. Roll Call Vote: Ms. Wolf-Fordham – Yes, Dr. Geller – Yes, Dr. Perlmutter – Yes,
Dr. Tung – Abstain, Dr. Heiger-Bernays - Yes. Motion carried 4 to 0 and 1 abstention. All in
favor. Unanimously moved.
Open Forum (2 minutes per person, state your name and address)
None
June and July BOH meeting schedule discussion
Dr. Heiger-Bernays stated the BOH meeting in June will be present virtually, and then it will be
back in person in July. She inquired about whether the Board will take a break in July. Dr.
Perlmutter stated he will not be in Town in July. Dr. Geller stated he preferred virtual meeting and
will be available in July. Ms. Wolf-Fordham stated she preferred virtual meeting and she also will
be available in July’s meeting. Dr. Tung stated she will be available to attend meeting either
remotely or in person. Dr. Heiger-Bernays suggested to cancel BOH meeting in July and move
items to meeting in August, if there will be non-critical business. Dr. Perlmutter stated he will not
be available in July and August. Ms. McCartin stated any meetings after July 15th, 2022 would
have to be in person according to Massachusetts Open Meeting Law, if there is no extension. Dr.
Heiger-Bernays inquired about could meetings be proceeded in hybrid. Ms. McCartin stated we
have to make sure the technology will be able to work for hybrid meeting. Dr. Perlmutter stated
he will be able to attend the meeting virtually. Mr. Lucente stated the Select Board meeting room
is outfitted with equipment for hybrid meeting.
New Food Establishment: KIN• DEE Thai & Pho, 182 Bedford St - Weerasak Khansri
Ms. McCartin briefly introduced the new Thai food take-out restaurant – KIN• DEE Thai & Pho.
The owner has not yet applied the food permit for this restaurant and are still working on building
out this food facility.
The owner of KIN• DEE Thai & Pho at 182 Bedford Street, Lexington, generally introduced his
restaurant is still under construction and will be open up in another month. The owner stated he
also has another restaurant in Melrose.
The Board of Health felt satisfied with this Thai restaurant.
New Food Establishment: Akame Nigiri and Sake: Variance Requests:
Food Code 4-301.12 Numbers and Capacities for Manual Warewashing (3 bay sink)
Food Code 3-502.11 Acidification/Adding Components to Render Food Non-
Potential Hazardous (Rice)
Ms. McCartin briefly introduced the two variances requests of restaurant: Akame Nigiri and Sake
– Sushi Rice & Two-Bay Sink.
Dr. Perlmutter inquired about will the use of a two-bay sink and sanitizer bin in place of a three-
bay sink and the process to acidify rice meet the standards that the Board need to approve. Ms.
McCartin stated the use of two-bay sink and Sushi rice are required for variance requests. The
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hazards plan has been reviewed. So, everything was in accordance. Documentation of tracking
logs will be kept.
Ms. Wolf-Fordham inquired about the meaning of HACCP in the variance request letters. Ms.
McCartin stated a Hazard Analysis and Critical Control Point (HACCP) is a management system
in which food safety is addressed through the analysis and control of biological, chemical, and
physical hazards from raw material production, procurement and handling, to manufacturing,
distribution and consumption of the finished product. The variance requests are required according
to HACCP.
Dr. Perlmutter made a motion to grant the variance request of two-bay sink and sanitizer
bin instead of a three-bay sink in response to the request. Ms. Wolf-Fordham seconded. Roll
Call Vote: Dr. Geller – Yes, Dr. Tung – Yes, Dr. Perlmutter – Yes, Ms. Wolf-Fordham – Yes,
Dr. Heiger-Bernays – Yes. Motion carried 5 to 0. All in favor. Unanimously moved.
Dr. Perlmutter made a motion to grant the variance request for the exemption of acidified
rice (sushi rice) to meet the standards of the hazard requirements. Ms. Wolf-Fordham
seconded. Roll Call Vote: Dr. Tung – 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.
Westview Cemetery –Variance Request for Septic Installation:
Code of the Town of Lexington, Chapter 155, Article XII, 155 84-86
Michael Cronin, Director of Public Facilities, introduced the variance request for septic installation
at Westview Cemetery at 520 Bedford Street. Ms. McCartin stated according to Article XII of
BOH regulation, the construction of any new onsite disposal systems will be prohibited unless the
variance requests approved.
Dr. Perlmutter inquired about has the construction started and does it meet all the standards for
septic system of that size. Mr. Cronin stated it has not begun the process and the construction, but
it will be upsized.
Dr. Perlmutter made a motion to grant the variance request for a septic installation at
Westview Cemetery as per the Board of Health Town of Lexington Code. Ms. Wolf-Fordham
seconded. Roll Call Vote: Dr. Geller – Yes, Dr. Tung – Yes, Dr. Perlmutter – Yes, Ms. Wolf-
Fordham – Yes, Dr. Heiger-Bernays – Yes. Motion carried 5 to 0. All in favor. Unanimously
moved.
Dr. Heiger-Bernays inquired about the restrooms at Visitors Center and Westview Cemetery. Mr.
Cronin stated Visitor Center has interior gendered specific restrooms and exterior restrooms. And
there are two sets of restrooms at Westview Cemetery. The public facing bathroom of Westview
Cemetery is non-gendered bathroom. A set of locker bathroom facilities are also non-gendered.
And there are also some gender locker bathrooms. All bathrooms at Westview Cemetery are 100%
handicapped accessible.
Swimming Pool Variance Requests
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105 CMR 435.23 (1) Lifeguards
Code of the Town of Lexington, Chapter 155-116
Drummer Boy Green Condominium & Peacock Farm Association
Ms. McCartin provided 2 variance request letters from the applicants regarding the lifeguard
variance requests. Dr. Perlmutter inquired about both of these pools have variances in the past.
Ms. McCartin stated they had variances. Dr. Tung inquired about has there been any history of
adverse incidents in the past at these facilities related to the absence of lifeguard on duty. Ms.
McCartin stated there have not been.
Dr. Geller made a motion to grant the variance request from the requirement of lifeguard s
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: Drummer Boy and Peacock Farm. This Variance will expire at
the end of the Seasonal Pool season or upon notification of an unsafe operating condition at
a specific facility. Dr. Perlmutter seconded. Roll Call Vote: Ms. Wolf-Fordham – Yes, Dr.
Tung – Yes, Dr. Geller – Yes, Dr. Perlmutter – Yes, Dr. Heiger-Bernays – Yes. Motion
carried 5 to 0. All in favor. Unanimously moved.
Rabies Vaccine Waivers:
MGL Chapter 140, Section 145B, (d)(i)
Ms. McCartin provided the rabies vaccine waiver request letters and other documents relevant to
the waivers. Dr. Geller inquired about have there been any adverse outcomes for the unvaccinated
animals against rabies in the past. Ms. McCartin stated there have not been. There were not any
bite reports from animals control officer.
Dr. Perlmutter 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 from the
recognized veterinarians. Ms. Wolf-Fordham seconded. Roll Call Vote: Dr. Geller – Yes, Dr.
Tung – Yes, Ms. Wolf-Fordham – Yes, Dr. Perlmutter – Yes, Dr. Heiger-Bernays – Yes.
Motion carried 5 to 0. All in favor. Unanimously moved.
COVID 19 Status and Discussion
Ms. McCartin provided the updates and information about Covid-19 cases and vaccinations since
January of 2022. She also provided a letter from School superintendent Julie Hackett, that strongly
recommends students mask up. She then provided Covid cases in public schools which were
submitted by Karen Rufo. The information of vaccination rates for the schools and the Covid data
for LABBB were also provided. There was an increase in cases in the past couple of weeks.
Dr. Heiger-Bernays stated we had surveillance going on in town where people are working at
places being able to get tested routinely. The Covid transmission was higher than previous, but
severity was lower. The at-home antigen tests were not very good at testing the particular variant.
PCR testing were more reliable. She suggested to have more available tests.
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Dr. Tung inquired about the Covid data were being reported weekly in Lexington public schools.
Ms. McCartin stated the data were new confirmed PCR cases of each week. The reported Covid
cases are all PCR test results. It is recommended that anyone have PCR test if they have symptoms.
Dr. Perlmutter inquired about have we issued the strong mask recommendation. Dr. Heiger-
Bernays confirmed and stated it has been listed on town website. But she stated there should be a
formal vote to maintain the statement on the town website. It is important to clearly state that
masks work and wear masks in public indoor spaces. Dr. Perlmutter agreed that there should be a
statement posted on the website for at least 6 months from the BOH in light of the increasing
number of positive cases in the Lexington and the State.
Dr. Perlmutter made a motion that the Lexington Board of Health strongly recommendation
the continuing wearing of mask in any public indoors places and in crowds in light of steadily
increase number of positive cases, as per CDC. Dr. Geller seconded. Roll Call Vote: Dr. Tung
– Yes, Ms. Wolf-Fordham – Yes, Dr. Perlmutter – Yes, Dr. Geller – Yes, Dr. Heiger-Bernays
- Yes. Motion carried 5 to 0. All in favor. Unanimously moved.
Dr. Heiger-Bernays stated the Covid-19 vaccination rate of the first booster was still lower than
initial vaccination rate. It has been discussed that running clinics has not been effective and
identifying the target age groups is important. There must be a conversation about which groups
are not under vaccinated and strategies to take to increase vaccination rates in those groups. It is
important to figure out why residents remain unboostered and identify some options for improving
the booster’ rates.
Dr. Perlmutter inquired about whether the nursing homes in town have successfully boosted their
residents, especially seniors. Ms. McCartin stated a pharmacy has been working with Housing
Authority for those vaccine clinics in senior housing facilities. She also stated lots of towns are
having problems to identify the age gap with vaccine rates, which is a statewide issue.
Dr. Heiger-Bernays inquired about whether DPH has strategy to increase vaccination in those
groups. She also inquired about the information of boosting children. Dr. Geller stated the latest
policy is the FDA approved booster shot for children ages 5 through 11 years old. It will be ready
once everything gets in place. He stated the boosting vaccination hesitancy happened because of
lots of illness that people have seen.
Dr. Heiger-Bernays reiterated the ventilation issue in the schools and public buildings. 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. It will be a good time in Summer to solve this issue when less students
at schools. Ms. Wolf-Fordham stated that the LABBB classrooms should also be ventilated. Mr.
Lucente stated the ARPA fund could help solve the ventilation issue.
Dr. Heiger-Bernays inquired about should contact tracing be continued. ARPA fund was used to
cover the contact tracing through the end of the fiscal year. Ms. McCartin stated the contact tracing
will be ended by the end of fiscal year. A letter with isolation quarantine information and other
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outreach information will be issued to contact tracing residents. Dr. Heiger-Bernays also inquired
about the plan to let residents know when the contact tracing ends. Ms. McCartin stated it will be
posted on the website. Dr. Tung inquired about to what extent of contact tracing had still been
done. Ms. McCartin stated we had 4 contact tracers working for the town beginning of Covid in
March of 2020. And now there are 2 contact tracers who are focusing on school kids.
Ms. Wolf-Fordham inquired about is it a good time to start considering an after-action report. She
suggested to file the information electronically for the future using of next possible pandemic
occurring. The information about what worked and what did not work should be archived so that
the town can ramp up quickly. It would be helpful that the contact tracers will still be available.
Report from Mosquito Control District
Ms. McCartin provided updates of the East Middlesex Mosquito Control Project. There was an
aerial spraying of two locations Tophet Swamp and Great Meadows during April for larval control
in wetlands.
Dr. Heiger-Bernays expressed the timing of aerial spraying in April was fantastic. She also
expressed her concerns of Waldorf school students who were playing outside when aerial spraying
happened. She suggested the aerial spraying information should be shared with schools directly.
Ms. McCartin stated the school will be notified promptly next time about the mosquito control.
Tobacco Control Update
The Tobacco Control Report for April was reviewed. There were no questions from Board.
Health Staff Reports
Ms. McCartin provided her environmental health report in April. All inspections were in
compliance. There was also a housing issue which has been solved that bags of trash in the
backyard on that property reported by a neighbor. Ms. McCartin described her attendance on
MHOA Community Sanitation Conference. She continued to update the COVID data dashboard
every Friday, cleaned up the online permit system and added new permits to system , inspected
food vendors for the event of Patriots Day, performed 2 pool inspections, met with the Recreation
Department to discuss summer camps, and met with Win Wam to discuss the new inspection
software.
Dr. Heiger-Bernays notified that Ms. Belanger will attend the NACCHO 360 Annual Conference
in July 19-21, 2022, which will be funded by MHOA. Ms. McCartin described there were two
Covid booster clinics operated for Town employees at Fire Station two weeks ago.
New/Old Business
Ms. McCartin provided two new business. Firstly, there was a fire happened on 135 Mass Ave
(Arka Indian Cuisine) on May 14th, 2022. It was still under investigation. Dr. Perlmutter inquired
about will it be required to do reinspection to make sure the proper cleanup because of the fire.
Ms. McCartin stated it is required before the restaurant reopen. Second, a warning letter for Five
Forks food market has been received for tobacco violation from the Family Smoking Prevention
and Tobacco Control Act. It happened on the end of April. This report has been forwarded to
Tobacco Compliance Officer for following up spot check. Dr. Heiger-Bernays suggested to
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consider the priorities once the new staff gets settled. Ms. McCartin provided the correspondence
regarding sanitary sewer overflow from DEP and release notification form.
Adjournment
Ms. Wolf-Fordham made a motion to adjourn at 8:00pm. Dr. Perlmutter seconded. Motion
carried. All in favor.