Loading...
HomeMy WebLinkAbout2025-02-25-BOH-min-DRAFT 1 LEXINGTON BOARD OF HEALTH MEETING MINUTES Tuesday, February 25, 2025, 6:30 pm Conducted by Remote Participation Board of Health Members in Attendance: Wendy Heiger-Bernays Ph.D., Vice-Chair, Jillian Tung, M.D., M.P.H., Shoolah Escott, MS, Susan Wolf-Fordham, J.D. MPA, Chair, David Geller, M.D. Health Department Staff Attendees: Joanne Belanger, RN, Public Health Director, Alicia McCartin, Assistant Health Director Select Board Liaison: Mark Sandeen Documents: Draft BOH meeting minutes 01-28-2025 Revisions to Chapter 155 Article III Draft Article XXIII- Tobacco Regulation Environmental Health Report- Alicia McCartin Environmental Health Report- Jessica Shah Meeting Called to Order: Board of Health meeting of February 25th, 2025 was called to order by Dr. Heiger-Bernays at 6:30 pm. Minutes Approval: The minutes of January 28, 2025, were reviewed by the Board. Ms. Escott made a motion to accept the minutes as amended. Ms. Wolf-Fordham seconded. The motion was approved unanimously. Tobacco Control Update No update Ms. Belanger informed the Board that Ms. Soto conducted a compliance check on Monday, February 24, 2025, and discovered a sale made to a minor. Revision to Chapter 155 Article XXII Ms. Belanger recommended moving on to the topic of the revision. She noted that during the last meeting, the Board had a robust discussion. Therefore, it would be beneficial to revisit the topic and make any necessary adjustments. Tonight, the Board needs to focus on decision-making regarding the suspension lengths. Dr. Heiger-Bernays wanted to recap the discussion regarding the number of permits for tobacco product sales. At the last meeting, a conversation took place regarding violations, specifically first-time violations, second-time violations, and instances involving three or more violations. Dr. Heiger-Bernays opened the floor for further discussion. Dr. Tung expressed her curiosity about whether the Board of Health (BOH) should consider the timeframes for suspensions about other components of the proposed changes. Ms. 2 Belanger noted that while it appeared the board had reached an agreement on these terms, it had not been formally put to a vote. Dr. Heiger-Bernays asked for clarification regarding the suspension periods for violations related to tobacco product sales permits. Ms. Belanger explained that the duration of suspensions is determined by the local board rather than the state code. Ms. McCartin added that the state code allows for a suspension of up to 30 days for three or more violations. The local board has the authority to revoke permits. Dr. Geller raised concerns about the wording of the state code, which did not specify a maximum suspension period. In response, Ms. Belanger recommended that the board establish a specific number of suspension days for each violation. She suggested typical suspension periods used in other communities: three consecutive business days for the first violation, seven days for the second, and thirty days for three or more violations. Dr. Heiger-Bernays and Dr. Tung emphasized the importance of having clear guidelines for permit revocation and suspension, advocating for a 30-day notice period. Ms. Wolf-Fordham raised concerns about the internal consistency of the regulation and potential preemption issues, suggesting that these matters be revisited later. Ms. Belanger confirmed that legal counsel would review the regulation to ensure its consistency. Ms. Belanger informed Ms. Wolf-Fordham that the Health Department received her revisions. Noticed that many of the concerns you raised were related to consistency. Much of the content is dictated by State code, which we cannot change. The final result will be sent to legal counsel for review to ensure that the documents are correct and meet all requirements. Dr. Heiger-Bernays opened the meeting for public comments. Peter Brennan, representing the New England Convenience Store Energy Marketers Association, supported removing restrictions on nicotine pouches from the draft regulations. Ms. Belanger confirmed that these restrictions have been lifted but noted that the Board may revisit the decision later. Jonathan Bowen-Leopold from Bergen Parkway, Quincy, MA, spoke on behalf of Cambridge citizens and smokers' rights. He advocated for a less strict enforcement of regulations, sharing that as a teenager, he struggled with anxiety, attention issues, and hyperventilation, which led him to smoke tobacco cigarettes. He believes many teenagers facing similar challenges might prefer smoking or nicotine products over medications like Ritalin. Mr. Bowen argued that penalizing local retailers is unfair, as teens often struggle to focus on activities like soccer practice and homework. He urged the board to reconsider the strict enforcement of these rules and better understand the challenges these teenagers face. Stephen Helfer, a Crawford Street resident in Cambridge, spoke for local citizens advocating for smokers' rights. He was pleased that the Board was not considering the removal of nicotine pouches. Referencing a January 16, 2025, statement from the FDA, he noted that 20 nicotine pouch products have been authorized after a thorough scientific review. He mentioned that the FDA's recent approval of the product Zyn indicated low youth usage and urged the Board to consider this information. Dr. Geller made a motion that the violation outlined in Article XXII §155, 210 the first violation of the tobacco product sales permit shall be suspended for 3 consecutive business days. In the case of the second violation. The tobacco product sales permit shall be suspended for 7 consecutive business days. In the case of 3 or more violations, the tobacco product sales permit shall be suspended for 30 or more consecutive business days. Adding paragraph 9B from Article XXIII, § 155- 196 (10c). Dr. Tung seconded the motion. The motion was approved unanimously. Dr. Geller made a motion to approve the amended Article III prohibiting smoking in workplaces and public places as 3 amended. Ms. Escott seconded the motion. The motion was approved unanimously. Dr. Geller made a motion to approve Article XXII restricting the sale of Tobacco products as amended. Dr. Heiger-Bernays seconded the motion. The motion was approved unanimously. The board discussed the adoption of amended Article III and adopted Article XXII, which restricts the sale of tobacco products. They agreed to send these amendments to the counsel for review. During the discussion about the effective date of the new regulation, some members favored a 30-day waiting period after the council's review, while others suggested that it take effect immediately. Ultimately, the board decided on a 30-day waiting period, making the regulations effective on March 25th. Health Staff Reports: The staff provided their monthly reports. Ms. McCartin provided an update to the board regarding the Health Department's preparations for Patriots Day with the Economic Development Department, the Town Manager’s Office, and other departments. Ms. McCartin briefly discussed some of the activities the Health Department is working on in preparation for the 250th celebration, which will include food trucks and special food events for Patriots Day. Ms. McCartin informed the Board that the deadline for submitting applications is the 28th. This deadline is important because there is a process for food truck inspections to ensure everything is ready for April. Ms. McCartin mentioned that the Health Department is currently in the process of renewing our food permit. And preparing for the summer Camp permit season. Directors Report: No Director’s report provided. Correspondence/Information – Ms. Escott asked for an update from Ms. McCartin regarding the condemnation at 676 Marrett Rd, which was listed on the agenda from the Board of Health Meeting held on January 28, 2025. Ms. McCartin provided an update from last month's Board of Health (BOH) meeting regarding the service of the order. Ms. McCartin stated she had to resend the order, has been tracking the mail, and believes it was delivered today. Ms. McCartin stated that if the order goes unclaimed, the Health Department will need to hire a constable to serve it. The Board reviewed plans for the town's 250th Anniversary celebration, including preparations for food trucks and specific food events on Patriots' Day. Ms. McCartin reported that the deadline for food truck applications is approaching. Dr. Tung provided an update to the board regarding the ongoing plans for Patriots Day. As Ms. McCartin mentioned, these plans involve every segment of the town, and a detailed calendar is now available on our website, Lex250.org. Dr. Tung mentioned that commission members and volunteers are invited to participate in a training titled "What to Do Until Help Arrives." This training aims to prepare our volunteers and commission members to manage unexpected situations until the Public Safety Staff arrives. Dr. Heiger-Bernays provided a brief update on the Lincoln Park Field Replacement project. They are currently in the process of finalizing the specifications for the bid related to Lincoln Park. Progress has been impeded due to a request for documentation regarding the removal of the old turf and its intended 4 use, as well as testing for the presence of PFAS (per and polyfluoroalkyl substances). Since it would not be possible to compare these findings with any regulatory values, the working team was informed not to include this requirement in the bid specifications. Dr. Heiger-Bernays explained that the sub-members of the working team decided against mandating testing. Instead, they opted to make it voluntary. They believed that this approach was preferable, as including alternative testing methods could potentially lead to high reporting limits and ambiguous conclusions, suggesting that there were no contaminants present. Mr. Sandeen provided an update on the Lexington High School design team. They are currently in the schematic design phase and are revisiting health issues. Recently, there have been several meetings where the design team is discussing the required level of indoor air quality. About ten years ago, the Board of Health recommended a target of 600 parts per million (ppm) of carbon dioxide (CO2) as a standard for indoor health. However, the design team is proposing a threshold of 800 ppm. At the same time, they have begun evaluating materials to be used in the new high school, including discussions about "Red List" materials. Seven years ago, the Board of Health made recommendations to the town regarding toxic materials that should not be permitted in schools. The design team is just starting conversations about whether they can find durable, non-toxic materials. Mr. Sandeen encourages the Board members to participate in these discussions, and perhaps discuss the timing of these meetings offline. Mr. Sandeen believes it would be beneficial to have health professionals involved in these conversations. Adjournment Dr. Geller made a motion to adjourn at 7:58 p.m. Ms. Escott seconded the motion. The motion was approved unanimously.