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HomeMy WebLinkAbout2025-01-28-BOH-min 1 LEXINGTON BOARD OF HEALTH MEETING MINUTES Tuesday, January 28, 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. (late) Health Department Staff Attendees: Alicia McCartin, Assistant Health Director Health Department Staff Absent: Joanne Belanger, RN, Public Health Director Select Board Liaison: Mark Sandeen (Absent) Documents:  Minutes Approval  Open Forum (2 minutes per person, state your name and address)  18 Bacon Street – Article XII, On-Site Sewage Disposal Systems § 155-86. Exemptions Construction of Accessory Use Dwelling (ADU) with Tie in to Existing Septic System on Property Thorsen Akerley, PWS, RS William Sparages Engineers  Tobacco Control Update  Revisions to Chapter 155 Article III: Smoking and Youth Access to Tobacco Products  Health Staff Reports Environmental Health Community Health Directors Report  Correspondence/Information o 676 Marrett Road - Condemnation letter o Department of Public Health memos regarding the Foundational Public Health Services, Shared Services Review  New/Old Business 2 Meeting Called to Order: The meeting began at 6:30 P.M. Minutes Approval: No minutes were provided. December minutes will be reviewed at the February 25, 2025 meeting. Open Forum (2 minutes per person, state your name and address) None 18 Bacon Street – Article XII, On-Site Sewage Disposal Systems- § 155-86. Exemptions Construction of Accessory Use Dwelling (ADU) with Tie-in to Existing Septic System on Property- Thorsen Akerley, PWS, RS, William Sparages Engineers Ms. McCartin provided a brief update to the Board regarding the required documents that had been submitted. The Board had requested additional information since the last meeting, which included a formal water pressure test, water testing to include lead, plans to include component measurements, and confirmation from the town's engineering department that the plans comply with the town’s Stormwater Regulations. The Board was provided with the letter the Health Department sent to the applicant requesting additional information, as well as updated plans that show the component measurements. Although a formal water pressure test was not submitted, the engineer provided an explanation stating that the test conducted in March adhered to Lexington's regulations. A letter was sent from the engineering department confirming that the plans dated December 26, 2024, comply with the Stormwater Regulations. These outstanding items requested by the Board at the last meeting are included in the packet. Thorson Akerley was present before the Board to address any questions that may have arisen since the last meeting in December 2024. The Board had no further questions for Mr. Akerley. Dr. Heiger-Bernays made a motion to approve the variance for 18 Bacon St for the connection of the ADU to the existing septic system with the following conditions; the drinking water is to be tested annually, the results are reported to the Board of Health and the level of contaminants meets the conditions in Article X, which is the town of Lexington's private drinking well regulations. Septic pumping records must be submitted to the Health Department as well. Dr. Tung seconded the motion. The motion was approved unanimously. 3 Tobacco Control Update No tobacco report was provided. Ms. McCartin provided a brief overview of the documents provided to the board. In their packet, the edits related to the tobacco regulations were presented to the board a couple of meetings ago. For clarity, the staff is recommending creating two separate regulations: 1. Restrictions on Smoking in the Workplace and Public Spaces. 2. Proposed new regulations based on updates from the state, relating to the sale and permitting of nicotine products. Ms. McCartin believed that this separation made the most sense during the development process and while incorporating recent updates from the state. In Article III, everything that was removed will be incorporated into the current proposed regulation. Therefore, nothing will be added to the existing regulation as part of this proposal. There are a few proposals from the State updates that need Board discussion for the new proposed regulation, such as: 1. A cap on permits, maintaining the current limit of 14 permits. 2. A restriction on the sale of oral nicotine pouches to adult-only retailers. 3. A revised suspension period for violations: - For the first violation, the suspension can be up to 7 days; they are proposing 3 days. - For the second violation, it can be up to 14 days; they are proposing 7 days. - For the third or subsequent violations, they are proposing a suspension of up to 30 days. This aligns with regulations from other towns and aims to provide clearer definitions regarding suspension periods for sales to individuals under the age of 21. While state regulations require a suspension, it is within the Board’s discretion to establish a timeline for that suspension. Ms. McCartin suggested that other topics such as: Restrictions on the sale of nicotine-free products within a certain distance from a school and prohibiting permits within a certain distance from other tobacco shops will be discussed later. Dr. Heiger-Bernays opened the discussion to the board for any questions. Ms. McCartin explained that many towns have a specific cap on the number of permits they issue based on the current permits available. If a permit is not applied for within 30 days after it expires, the number of available permits decreases. This creates a rolling cap, meaning the expired permit is no longer in circulation and cannot be reissued. However, some towns do maintain a fixed number on the permit cap. Dr. Heiger-Bernays questioned whether is anybody seeking tobacco products or nicotine delivery products outside of Lexington because they can't get their tobacco here. The Board is unanimously in favor of maintaining a cap of 14 permits, or at least keeping it at the current limit of 14. It is important to differentiate between two scenarios regarding a downward rolling cap. Specifically, if a business ceases operation, we need to clarify whether a new business can apply for a permit to replace it, or if the permit simply becomes unavailable, leading to a reduction in the overall cap. Ms. Escott made a motion that at any given time, there shall be no more than 14 Tobacco Product Sales Permits issued in Lexington. Any permit holder who has failed to renew their permit within thirty (30) 4 days of expiration will be treated as a first-time permit applicant. New applicants for permits who are applying at a time when the maximum number of permits have been issued will be placed on a waiting list and will be eligible to apply for a permit on a first-come, first-served basis. Applicants on the waiting list shall be responsible for ensuring up-to-date contact information has been provided to the Lexington Board of Health. Ms. Escott supported the approach that some towns adopted, which allowed individuals 30 days to apply for a permit. If a person took over a business and did not apply for the permit by the end of those 30 days, the permit would be forfeited. Ms. McCartin clarified the proposed regulations to the board, stating that there should be no more than 14 active permits at any given time. If it was a rolling cap, any permit surrendered, revoked, or not renewed, either because the retailer no longer sells tobacco products as defined, or because a retailer closes, the Tobacco permit shall be returned to the Lexington Board of Health and shall be permanently retired by the Board of Health. After a long discussion, the Board has agreed to amend the amended motion. Ms. Escott made an amended motion. The motion stated “that at any given time there shall be no more than 14 tobacco product sale permits issued in Lexington. If a permit holder has failed to renew their permit within 30 days of expiration, that permit will be returned to the Board to be retired. Any new business owner has 30 days from the time of the sale to apply for the permit or it will be retired. If any suspension can lead to revoking that permit if that suspension is greater than 30 days, that permit be returned to the Board and retired” Ms. Wolf-Fordham second the motion The motion was approved unanimously. Dr. Heiger-Bernays led a discussion regarding the potential restriction of oral nicotine pouch sales to adult-only retailers in the town. Ms. McCartin provided insights into how other towns approach this issue, noting that some restrict sales to adult-only stores, while others do not specifically mention oral pouches in their regulations. Dr. Geller raised concerns about why only this particular product was being discussed and why other nicotine products were not similarly restricted to adult-only stores. Dr. Heiger-Bernays clarified that the designated adult-only retailer in town is the only establishment licensed to sell nicotine delivery devices to individuals aged 21 and older. The discussion concluded with the question of whether removing these products from convenience stores would reduce the likelihood of minors purchasing them. Dr. Herger-Bernays made a motion to table the discussion of the Nicotine pouches and fines until the next meeting. David Geller seconded the motion. The motion was approved unanimously Health Staff Reports: Staff provided their monthly reports. 5 Ms. Wolf-Fordham asked Ms. McCartin for a reminder about the Dana Home Foundation Grant process. Ms. McCartin explained that the Dana Home provides grants to enhance nursing services. In the past, the Health Department applied for these grants, especially for vaccine funding to support its programs. Essentially, the Dana Home is an organization that offers grants aimed at improving community health. Dr. Tung added some additional information about the Dana Foundation, stating that its mission is to enhance the quality of life for senior citizens in Lexington. In addition to funding nursing services, they also support initiatives such as fitness classes for the elderly and various aging wellness programs. Thus, the Dana Foundation is a broad organization focused on supporting the lives of seniors in the community. Ms. McCartin provided the board with a brief update regarding Mrs. Shah's report, mentioning an incident at McDonald's. A pipe broke in a location away from food—specifically, it was near the back- takeout window. There were no food or food-related products in that area. The issue was cleaned up, and the restaurant was closed for about two days. Ms. McCartin also mentioned at Dunkin’ Donuts, a car hit the building, resulting in a closure for a couple of days. They managed to secure and board up the building following the incident. These were the two incidents that occurred at the end of December. Directors Report: No Directors report provided. Correspondence/Information – Ms. McCartin informed the Board about the condemnation letter included in the packet for 676 Marrett Road. Also included in the packet is the order letter that accompanied the inspection report. This property was rented, and the Health Department has been attempting to contact the homeowner. Since we did not receive the certified mail back, we will be resending it to provide proof of service. The Board discussed the possibility of establishing a new crematorium in the town and the requirement for a Board of Health member to participate on the committee overseeing its operations. Dr. Tung provided an update on preparations for Patriots Day weekend, noting that events would be moved to Saturday due to public safety concerns. There were also worries about the potential impact of the Trump administration's policies on health communication and funding. Ms. Wolf-Fordham and Ms. Escott expressed their concerns about the cancellation of the Health Information webinars organized by the CDC, as well as important meetings such as those held by the FDA with external groups and government health-related entities. They worry that these cancellations could lead to a loss of vital information necessary for their roles. The Board discusses the scheduled date for the photo for the 250th Calendar photo. 6 Adjournment Dr. Geller made a motion to adjourn at 7:58 p.m. Ms. Escott seconded the motion. The motion was approved unanimously.