HomeMy WebLinkAbout2022-08-16-BOH-min
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LEXINGTON BOARD OF HEALTH
MEETING MINUTES
Tuesday, August 16, 2022 6:30 pm
Conducted by Remote Participation
Approved 09-28-2022
Board of Health Members in Attendance:
Wendy Heiger-Bernays Chair, PhD, Burt Perlmutter, M.D., Jillian Tung, M.D., M.P.H.
Board of Health Member Absent: Susan Wolf-Fordham, J.D. MPA, David Geller, M.D.
Select Board (Liaison): Mark Sandeen
Office of Public Health Attendees:
Joanne Belanger, RN, Public Health Director, Alicia McCartin, Assistant Health Director, Jessica
Shah, Health Agent, Siqing Pan, Department Assistant
Office of Public Health Attendees Absent: Kelliann Coleman, Public Health Nurse
Documents:
Draft BOH meeting minutes 6-28-2022
DRAFT ARTICLE XVII, Body Art Establishments and Practitioners [Adopted effective 7-30-2001;
amended 1-16-2002] amended 2022
DRAFT ARTICLE X, Private Wells [Adopted effective 11-18-1998; amended 2022]
DRAFT ARTICLE XII, On-Site Sewage Disposal Systems [Adopted effective 9-14-1999]
Fee Schedule, Effective February 1, 2022; Amended April-19-2022
Lexington Covid data Since June 9th – August 11th, 2022
LABBB Covid-19 Data Summary – Lexington High Schools July 3rd – August 12th, 2022
Tobacco Control Report in June
Environmental Health Report – Jessica Shah
Environmental Health Report – Alicia McCartin
Health Director Report – Joanne Belanger
Massachusetts Department of Public Health Arbovirus Surveillance Program Report
Application letters for emergency permit to address beaver conditions at 0 Cedar Street & 0 Ivan
Street
ServSafe Certification from Jessica Shah
Meeting Called to Order:
Board of Health meeting of August 16, 2022 was called to order by Dr. Heiger-Bernays at 6:32
pm.
Minutes Approval
Dr. Perlmutter made a motion to accept the minutes on June 28th, 2022 with the edits. Dr.
Tung seconded. Roll Call Vote: Dr. Perlmutter – Yes, Dr. Tung – Yes, Dr. Heiger-Bernays –
Yes. Motion carried 3 to 0. All in favor. Unanimously moved.
Open Forum (2 minutes per person, state your name and address)
None
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Dr. Heiger-Bernays made a motion to take the discussion of On-site Sewage Disposal Systems
first in the list of the regulations. Dr. Perlmutter seconded. Roll Call Vote: Dr. Tung – Yes,
Dr. Perlmutter – Yes, Dr. Heiger-Bernays – Yes. Motion carried 3 to 0. All in favor.
Unanimously moved.
Review DRAFT Proposed Regulation Revisions:
On-Site Sewage Disposal Systems
Code of Lexington Chapter155 Article XII, § 155-91. System maintenance
Ms. Belanger provided the draft proposed regulations of on-site sewage disposal systems (Code of
Lexington Chapter155 Article XII, § 155-91. System maintenance) for Board’s review and
approval. She also explained that the wording “disposal systems must be pumped every 3 years”
indicates that the septic does not need to be pumped out every year, which is in conflict with
current Title V. Every septic tank or cesspool shall be pumped whenever necessary to ensure
proper functioning of the system. The septic should be pumped out depending on the size of the
system.
Dr. Tung asked about adding wording such as “no less frequently than X number of years”. Ms.
Belanger stated pumping frequency is a function of use, although pumping is typically necessary
at least once every three years, and it is recommended to pump annually.
Dr. Perlmutter made a motion to adopt the proposed revisions to the On-site Sewage Disposal
System regulation. Dr. Tung seconded. Roll Call Vote: Dr. Perlmutter – Yes, Dr. Tung – Yes,
Dr. Heiger-Bernays – Yes. Motion carried 3 to 0. All in favor. Unanimously moved.
Dr. Heiger-Bernays inquired about the process and will the homeowner who has a septic be
notified of this revision. Ms. Belanger stated Ms. Shah is working on the septic records to make
sure information we have matches the septic map. It is planned to send a reminder letter to
homeowners who have septic systems, especially cesspools, because there’s been a lack of
pumping records sent to the Health Office.
Body Art Establishments and Practitioners
Code of Lexington Chapter155 Article XVII
Ms. Belanger and Ms. McCartin provided the draft proposed regulations of Body Art
Establishments and Practitioners (Code of Lexington Chapter155 Article XVII) for Board’s review
and approval. Ms. McCartin also explained the proposed changes and stated the proposed
definitions come directly from the model Body Art regulation that the State provides.
Dr. Heiger-Bernays inquired about § 155-123 operation of body art establishments. Ms. McCartin
stated the section A and B is for a Body Art Plan Review. It means any new body art establishment
must submit the body art plan review. The Health Department will review their plan to make sure
it is sufficient, which is similar with the food establishment plan review. Dr. Heiger-Bernays also
clarified that once the body art plan review has been approved, then the applicant can apply for the
body art establishment and body art practitioner permits.
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Dr. Heiger-Bernays then commented on the Part B of § 155-123 requirements for single-use items
and where these single-use cups and their contents would be disposed of, upon completion of the
tattoo. Ms. McCartin stated those are all non-biohazard and could be put in the trash.
Dr. Tung clarified the § 155-129, would it be issuing one permit or two separate permits. Ms.
McCartin stated they are two separate permits because some establishments have 2 or 3
practitioners and each practitioner has to have its own permit.
Dr. Tung had questions with regard to permitting the practitioner. Ms. McCartin stated the
applicants must show the proof of working in a previous body art establishment, or a previous
permit issued by the Lexington Board of Health. The applicants need to show CPR, First Aid,
Blood Borne Pathogens certificates, proof of passing Anatomy and Physiology classes, and proof
of at least 2 years or 2400 hours experience.
Dr. Tung stated she did not see anything specifically referring to possible allergic reactions to the
dye or components of the pigment. She was not sure how often that kind of allergy occurs, but she
would like to know that the practitioner would be able to recognize signs of a reaction that would
require medical intervention. Ms. McCartin stated she will double-check.
Ms. Belanger suggested allergy or allergens could be added on § 155-129 F. 2. d. Skin disease
disorders and conditions (including diabetes).
Dr. Perlmutter inquired about CPR training. Ms. McCartin stated they have to pass the basic CPR
course. CPR certificate has already in the current regulation.
Ms. McCartin stated item C “Applicants denied a permit may reapply at any time after denial” was
taken out of § 155-130, Grounds for suspension, denial, revocation or refusal to renew permits.
And the wording “and shall supersede all existing body art regulations promulgated by the Board
of Health” was added after “These regulations shall be effective as of January 16, 2002” of § 155-
135. Effective date. The biggest change was putting in actual experience for the practitioners of §
155-129. It will make sure that practitioners have proof that they have completed 2400 hours (two
years) of actual experience, when they apply for permits. The other added item of § 155-129 E was
“Hepatitis B vaccination documentation or proof of immunity”, which was recommended in the
model regulation and other communities.
Ms. Belanger stated the final proposed regulations will be reviewed with changes highlighted in
red, and the effective date will be discussed with final review in next meeting.
Private Wells
Code of Lexington 155 Chapter Article X
Ms. Belanger provided the draft proposed regulations of private well (Code of Lexington 155
Chapter Article X) for Board’s review and approval.
Dr. Heiger-Bernays inquired about § 155-72. Ms. McCartin stated it follows the State Model Well
Construction Permit regulations.
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Dr. Heiger-Bernays inquired about § 155-75. Water quality. Ms. McCartin stated it is about what
should be tested for the geothermal wells and irrigation wells. It will be revised to “Prior to
approval of the well as a potable water supply” as per Dr. Heiger-Bernays’ comments.
Dr. Heiger-Bernays suggested to add PFAS to water quality testing standards (§ 155-75.A) to
follow Massachusetts maximum contaminants levels. She revised part B “National Interim
Primary and Secondary Drinking Water Standards:” to “Massachusetts maximum contaminant
levels (primary and secondary drinking water standards)”. She also stated manganese should be
moved from a secondary standard to a primary standard.
Dr. Heiger-Bernays clarified the testing of E. Coli bacteria and Nitrate/Nitrite with regard to the
irrigation well. The owner has responsibility to test E. Coli bacteria and Nitrate/Nitrite. Dr. Heiger-
Bernays suggested it should be put for recommendation for irrigation well. She also advised that
it should be recommended more frequent sampling if the irrigation well is within 400 feet of a
Hazardous Waste site or near a septic system. Ms. Belanger confirmed that a potable (drinking)
water well is tested once the well is dug. Ms. McCartin also stated that the well will be tested when
transfer of the deed.
Mr. Sandeen stated Fiske school and Harrington school had geothermal wells 6 or 7 years ago. Dr.
Heiger-Bernays stated they never approved geothermal wells from the schools. They only
approved 2 variances of geothermal wells for new houses.
Ms. McCartin stated there are still homeowners of 12 houses in Lexington drink water from wells.
She also pointed out the wording of “The well is not the primary source of potable water and
municipal water is available to provide a source of potable water” has been listed in § 155-78 B.7.
Dr. Tung inquired about in the context of whether one property has to connect to the Town water
supply system (§ 155-72 B). Ms. McCartin stated any new dwelling would have to tie into Town
water within 500 feet. And there was no enforcement piece to this. Enforcement, hearing, and
penalty section were added to § 155-80, which is similar with other communities.
Dr. Heiger-Bernays inquired what is the obligation to release those water test results to the renter
if the house rented with a private well. Ms. Belanger stated that is under the housing code. Ms.
McCartin stated “The owner of every well used for drinking water including properties that are
rented or leased shall have its water tested at a minimum once a year”, which was included in §
155-75 D. Dr. Heiger-Bernays stated it is expensive to do annually.
Fee Schedule Update:
Title V Inspection Report Filing Proposed: $30 fee
Ms. Belanger explained the fee schedule updates on permit of Title V Inspection Report Filing.
The proposed permit fee is $30.
Dr. Perlmutter made a motion to accept the fee schedule (amended in April 19, 2022). Dr.
Tung seconded. Roll Call Vote: Dr. Perlmutter – Yes, Dr. Tung – Yes, Dr. Heiger-Bernays –
Yes. Motion carried 3 to 0. All in favor. Unanimously moved.
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New Body Art Establishments:
Pretty Chic Studio Body Art
Ms. McCartin briefly introduced the new body art establishments: Pretty Chic Studio Body Art, at
675 Lowell St Suite #11. Everything was good with that inspection based on the previous
regulations. It will perform permanent cosmetics in the form of microblading.
COVID 19 Status and Discussion
Ms. Belanger provided the updates about Lexington Covid data (June 9th – August 11th, 2022) and
LABBB Covid-19 Data Summary (July-August 2022). She also introduced the latest isolation and
quarantine policy from CDC.
Dr. Heiger-Bernays reiterated the importance of wearing mask and ventilation for Covid-19
prevention.
Mr. Sandeen inquired are the in-home rapid tests still available. Ms. Belanger stated the rapid test
kits ordered in February were all gone, but over 5,000 kits came in June are still available. There
are five places (Town Office Building, Fire Department, Police Department, Community Center,
Visitors Center, and Public Services Building) to allocate those free test kits without any
restrictions. Mr. Sandeen stated the Select Board would be quite open to using funds for buying
more test kits.
Tobacco Control Report
The Tobacco Control Report for June was reviewed. There were no questions from Board. Ms.
Belanger also provided the recruiting information of Tobacco Control Compliance Inspector.
Health Staff Reports
Ms. McCartin provided her environmental health report of July and August. She stated the flu
clinics were scheduled to be held at the end of September and in the beginning of October, 2022.
She also provided information regarding the inter that was working on a community needs
assessment. She has returned back to college, but is interested in continuing her work with the
Health Office.
Ms. Belanger also provided the environmental health report from Ms. Shah. Dr. Perlmutter
inquired about the follow up of those critical violations in the report. Ms. McCartin stated Ms.
Shah has gone back to all those facilities and done the re-inspections, and they have been in
compliance with the critical violations. Ms. Shah attended a Servesafe course last week, and now
is Servesafe certified.
Ms. Belanger provided her monthly report. Dr. Heiger-Bernays inquired the emergency beaver
permits information. Ms. Belanger stated the beaver permits extended because of timeframe
expired. Ms. Belanger introduced the program OUTBREAK at the Public Health Museum and
Region 4A MRC transition group. She was appointed as the chair of transition team. She also
provided Massachusetts Department of Public Health Arbovirus Surveillance Program Report. If
there was a positive pool of mosquitos found in Town, we would be notified.
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The Board discussed the transformer explosion in Lexington Center, which sparked a large fire
and forced street closures. Ms. Belanger provided an update of the follow up to that transformer
explosion. Mr. Sandeen stated Town Manager sent a report from Eversource to the Select Board
on August 11th, 2022. Dr. Heiger-Bernays stated the follow up soil data of that explosion should
be updated promptly to Board of Health and Health Director.
New/Old Business
The Board agreed to table the discussion of Vice Chair position.
Ms. Belanger introduced a health fair hosted by Brookhaven to be held at the Scottish Rite Museum
in October 12th, 2022. Lexington Health Department will set up a table there and will offer flu
vaccine.
Adjournment
Dr. Perlmutter made a motion to adjourn at 8:40pm. Dr. Tung seconded. Motion carried 3
to 0. All in favor.