HomeMy WebLinkAbout2022-09-28-BOH-min
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LEXINGTON BOARD OF HEALTH
MEETING MINUTES
Wednesday, September 28, 2022 6:30 pm
Conducted by Remote Participation
Approved 10-18-2022
Board of Health Members in Attendance:
Wendy Heiger-Bernays Chair, PhD, Burt Perlmutter, M.D., Jillian Tung, M.D., M.P.H., Susan
Wolf-Fordham, J.D. MPA, David Geller, M.D. (attend at 6:52pm).
Board of Health Member Absent:
Select Board (Liaison): Mark Sandeen
Office of Public Health Attendees:
Joanne Belanger, RN, Public Health Director, Alicia McCartin, Assistant Health Director, Siqing
Pan, Department Assistant
Office of Public Health Attendees Absent: Jessica Shah, Health Agent, Kelliann Coleman,
Public Health Nurse
Documents:
Draft BOH meeting minutes 8-16-2022
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]
Food Share and Recovery Program poster – Lexington Public Schools
Bertucci’s Emergency Closure Order
Bertucci’s Re-opening Letter
Plumbing Variance Request Letter
Lexington Covid data (7/21/2022-9/22/2022)
Environmental Health Report – Jessica Shah
Environmental Health Report – Alicia McCartin
Sampling data analysis of Old Reservoir Beach (5/24/2022-8/23/2022)
Massachusetts Department of Public Health Arbovirus Surveillance Program Report
Flu Events flyer
Flu/Covid Clinics schedule
Senior Wellness Fair flyer
Analysis of Medical Waste Disposal on September 14, 2022
Station 34 update letter
ServSafe Certification class event letter
Meeting Called to Order:
Board of Health meeting of September 28, 2022 was called to order by Dr. Heiger-Bernays at 6:34
pm.
Minutes Approval
Dr. Perlmutter made a motion to accept the minutes on August 16th, 2022 with the edits. Dr.
Tung seconded. Roll Call Vote: Ms. Wolf-Fordham – Yes, Dr. Perlmutter – Yes, Dr. Tung –
Yes, Dr. Heiger-Bernays – Yes. Motion carried 4 to 0. All in favor. Unanimously moved.
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Open Forum (2 minutes per person, state your name and address)
None
Review Proposed Regulation Revisions:
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 revisions.
Ms. Wolf-Fordham suggested that the aftercare instructions should be posted in the facility. Ms.
McCartin stated the aftercare instructions are provided to the clients after treatments. It could be
added as a requirement that aftercare instructions visibly posted in the facility. Ms. McCartin stated
the aftercare instructions could be part of regulation of Body Art Establishments and Practitioners
if the Board chooses. It could be added under § 155-124. Standards of practice, Section K.
Ms. Wolf-Fordham also inquired about in § 155-123. D (1) the wording of “A disclosure statement,
a model of which shall be available from the Board of Health. A disclosure statement shall also be
given to each client, advising him/her of the risks and consequences of body art procedures.” Ms.
McCartin stated this model are draft, and are on the State website under DPH. They are not formal
documents, but they have one specifically for Lexington. If people have questions, they can contact
Lexington Health Department.
Dr. Perlmutter made a motion to accept the proposed regulation revisions of Body Art
Establishments and Practitioners regulation (Code of Lexington Chapter155 Article XVII)
as discussed. Dr. Tung seconded. Roll Call Vote: Dr. Geller – Yes, Ms. Wolf-Fordham – Yes,
Dr. Perlmutter – Yes, Dr. Tung – Yes, Dr. Heiger-Bernays – Yes. Motion carried 5 to 0. All
in favor. Unanimously moved.
Ms. McCartin stated there are 6 Body Art Establishments in Lexington now.
Private Wells
Code of Lexington 155 Chapter Article X
Ms. Belanger provided the draft proposed regulation revisions of private well (Code of Lexington
155 Chapter Article X) for Board’s review and approval. Ms. McCartin also explained the
proposed revisions.
Dr. Perlmutter clarified that in § 155-75 Part D the wording “shall” should be revised to “should”.
Ms. McCartin stated the word “shall” will be corrected and will be replaced with “should”.
Dr. Heiger-Bernays inquired about water testing, what tests are required, and when they would be
required, specifically prior to approval of a well for drinking water purposes. Ms. McCartin stated
testing is required for permitting of the drinking water well, and when the owner transfers the title
of the property on which the well is permitted. Dr. Heiger-Bernays recommended the annual
testing of drinking water well for bacteriological quality and to refer the well owner to the
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MassDEP guidelines for private drinking water wells. Ms. Belanger stated Ms. McCartin will
double-check the housing code for rental properties to convey the requirements of landlords with
regard to water quality. The tenant would need to know how to ask for testing or for documentation
of public water. Ms. Belanger stated a Q&A will be posted on the website once the private wel l
regulation gets settled, including bacterial recommendations for irrigation wells.
Ms. McCartin stated there are 127 irrigation wells, 11 drinking wells, and 17 geothermal wells in
Lexington. Dr. Heiger-Bernays questioned does the 17 geothermal wells include the schools. Ms.
McCartin stated that we do not have records of schools. Mr. Sandeen stated there are 80 geothermal
wells at Hastings school. Ms. McCartin stated she will reach out to public facilities for the schools
and get an update on that. Ms. Belanger stated we could do a separate category for schools and for
residential.
Mr. Sandeen inquired about the differences between irrigation wells and geothermal wells. Ms.
McCartin stated geothermal wells have more requirements.
Ingrid Klimoff and Charles Hornig, from 18 Bacon St, stated they have private well, and they
cannot find a place for all the testing that the State required. They stated the testing places and
testing costs are unclear.
All public comments were taken under advisement.
Dr. Tung made a motion to accept the revised proposed regulation revisions Private Wells
(Code of Lexington 155 Chapter Article X) with discussed changes. Dr. Geller seconded. Roll
Call Vote: Dr. Perlmutter – Yes, Dr. Tung – Yes, Dr. Geller – 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 approve the revised regulations of Body Art Establishments
and Practitioners regulation (Code of Lexington Chapter155 Article XVII) and Private
Wells (Code of Lexington 155 Chapter Article X) become effective immediately. Dr. Geller
seconded. Roll Call Vote: Ms. Wolf-Fordham – Yes, Dr. Perlmutter – Yes, Dr. Geller – Yes,
Dr. Tung – Yes, Dr. Heiger-Bernays – Yes. Motion carried 5 to 0. All in favor. Unanimously
moved.
Lexington Public Schools - Food Share and Recovery Program
Ms. Cohen and Ms. McBride introduced the Food Share and Recovery Program of Lexington
Public Schools.
Dr. Heiger-Bernays asked if it is the intention to bring this program to all of the schools, what is
the vision of this program. Ms. McBride stated they wanted to get final approval from Board of
Health before expanding. Ms. Belanger and Ms. McBride also updated the allergy and safety issues
of elementary school students and this program.
Ms. McBride stated that pre-packaged, unopened food that a student does not want is properly
stored and made available to other students who may want it. At the end of the day all food
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remaining is removed and donated. The program pilot started at Diamond Middle School, Hastings
Elementary school and the Lexington High school.
Dr. Tung had a question regarding the provisions for keeping the pre-packaged food refrigerated
during transportation. Ms. McBride stated the standard of operation plan outlines the transportation
procedures.
The Board agreed with the importance of this program. Mr. Sandeen expressed his appreciation
on this program.
Bertucci’s Emergency Closure Order
Ms. Belanger provided the Bertucci’s Emergency closure Order and the re-open Order. The
restaurant was discussed with “Ghost Kitchens” in the past. Ms. McCartin conducted health
inspection on September 12th and found several separate violations of the State Food Code that
lead to the determination that an imminent health hazard exists. The Emergency closure order also
referenced raw chicken being stored above raw seafood, dirty floors and walls, leaking refrigerator
units and floor drains in need of cleaning among additional violations. Ms. Belanger stated we do
our best to keep food establishments open by making sure that they stay clean, they serve safe
food, and they train their employees. The regulations that are in place helps the business and it
helps the consumer. Ms. McCartin conducted another inspection of Bertucci’s on September 22nd,
and found that the restaurant had addressed all violations and was able to reopen. Ms. Belanger
stated Bertucci’s did an extensive cleaning. Several pieces of equipment have been removed and
replaced.
The Board expressed their appreciation on whole Health Department’s work on it.
New Food Establishments:
Vintage Tea and Cakes, 21 Muzzy St.
Ms. Donegan, the owner of Vintage Tea and Cakes at 21 Muzzey St, Lexington, introduced her
Food establishment - Vintage Tea and Cakes. The Board of Health expressed a warm welcome of
Vintage Tea and Cakes.
Variance Request: To Allow the continued use of an existing 1 ½ inch drain in a tub to shower
conversion.
Plumbing Code 248 CMR 10.10 (7) (b)
31 Fifer Lane
Ms. Belanger provided the plumbing variance request letter and other documents relevant to the
request.
Dr. Perlmutter made a motion to approve the variance of continued use of an existing 1 ½
inch drain in a tub to shower conversion. Dr. Geller 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.
Tobacco Control Update: New Inspector
Ms. Belanger briefly introduced Tobacco Control Coalition inspector Ms. Morello.
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Ms. Morello introduced herself and the Tobacco Control Coalition program.
Mr. Sandeen asked whether vaping or smoking cigarettes is the big issue. Ms. Morello stated
vaping is a big issue for teens, because the vaping market targets teens, and that is why flavors
were banned. Teens get products through family members and friends. There is a big
misconception that vaping is healthier.
Ms. Wolf-Fordham was impressed that teens are participating in this program, not only for
education, but also for learning more about public health.
Flu and COVID 19 Update
Ms. Belanger updated the flu/Covid clinics information scheduled on September 27th, October 6th,
and October 12th for residents over 60 years old. She introduced 13,500 test kits and other medical
supply have been received. The expiration date of test kits has been expanded again and will be
good through January. Ms. Belanger also provided the updates about Lexington Covid data (July
21st – September 22nd, 2022). She reiterated the importance of wearing mask, especially on this
upcoming flu season.
Mr. Sandeen wondered the updates on availability of Covid Test kits. Ms. Belanger stated there
are five places (Town Office Building, Fire Department, Police Department, Community Center,
Visitors Center, and Public Services Building) to allocate free test kits without any restrictions.
Health Staff Reports
Ms. Belanger provided environmental health reports from Ms. McCartin and Ms. Shah. Ms.
McCartin’s report includes Beach sampling of Old Reservoir. The reservoir/the beach was shut
down because of the drought. Ms. McCartin provided the information of Servsafe class held in
Lexington School Administrative Building of this upcoming Monday (October 3rd). Ms. Belanger
also provided the medical waste disposal events on October 15th, 2022 and April 8th, 2023 for
advertisement. She also provided the Medical Waste Disposal analysis results. The schedule list
flu/Covid clinic and Health Wellness Fair has been posted on Town website. Ms. Belanger also
briefly introduced her monthly report. She is continuing to work on Region 4A MRC transition
group. She also provided the updates of Station 34, which is a follow up of the testing and
remediation after the fire of transformer.
New/Old Business
Dr. Geller will serve as Vice Chair of Board of Health.
Adjournment
Dr. Perlmutter made a motion to adjourn at 8:29pm. Dr. Tung seconded. Motion carried 5
to 0. All in favor.