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HomeMy WebLinkAbout2024-09-17-BOH-min 1 LEXINGTON BOARD OF HEALTH MEETING MINUTES Tuesday, September 17, 2024, 6:30 pm Conducted by Remote Participation Board of Health Members in Attendance: Wendy Heiger -Bernays Ph.D. Chair, David Geller, M.D., Vice-Chair, Jillian Tung, M.D., M.P.H., Susan Wolf-Fordham, J.D., MPA, Board of Health Members Absent: Shoolah Escott, MS. Health Department Staff Attendees: Joanne Belanger, RN, Public Health Director, Alicia McCartin, Assistant Health Director Select Board Liaison: Mark Sandeen Documents:  Minutes Approval  Open Forum (2 minutes per person, state your name and address)  Tatte Bakery – 1777 Massachusetts Ave Dre Nunez  Liberty Sweets – 1841 Massachusetts Ave Charles Manning  McDonald's – 690 Marrett Rd (Route 128) Julie Brown  Nicotine Free Generation – Board Discussion Lisa Goodnight, Esq., Tobacco Control Director, Massachusetts Municipal Association Mark Gottlieb  Tobacco Control Update  Health Staff Reports Environmental Health Community Health Directors Report  Correspondence/Information NECSEMA letter regarding NFG Arbovirus Report  New/Old Business 2 Meeting Called to Order: The meeting began at 6:30 P.M. Minutes Approval: The June 18th, 2024, Board of Health Minutes were reviewed. Dr. Tung made a motion to accept the amended minutes. Ms. Wolf-Fordham seconded the motion. The motion was approved unanimously. The July 16th, 2024, Board of Health minutes were reviewed. Dr. Geller made a motion to accept the amended minutes. Dr. Tung seconded the motion. The motion was approved unanimously. Open Forum (2 minutes per person, state your name and address) None Tatte Bakery – 1777 Massachusetts Ave Tatte Bakery was introduced to the board and represented by Dre Nunez, the general manager. The board welcomed Tatte Bakery to town. Liberty Sweets- 1841 Massachusetts McCartin updated the board on the new retail candy store, Liberty Sweets, which will be opening in mid-October at 1841 Massachusetts Ave. McDonald’s – 690 Marrett Rd (Route 128) Ms. McCartin informed the Board that per 105 CMR 500, one of the requirements for a frozen dessert permit is that a frozen dessert machine has to be tested for bacteria by a licensed laboratory at least once a month. McDonald’s contracts with Morrell Associates to do the testing. The Health Department receives and reviews the testing results. The sample taken on July 8th, 2024, exceeded the allowable levels. An inspection was conducted, and the manager was informed that the frozen dessert machine was to be shut down, cleaned, sanitized, and retested, with passing results, before it could be used to serve the public. The machine was retested on July 20th, and the results were again exceeding allowable limits. A resample on July 29th again returned above acceptable limits. Health Dept staff had a lengthy discussion with the manager to review proper operation, cleaning, maintenance, and training of staff regarding the frozen dessert machine. A retest on August 2nd finally resulted in a sample within range. The Health Dept performed an inspection on Aug 6th, and McDonald’s was then allowed to operate the frozen dessert machine and serve the public. A test on August 11th resulted in another failed test, exceeding the allowable limits. 3 Per 105 CMR 500, if lab results come back high 4 times, a Cease and Desist order must be issued. McDonald’s was ordered to close down the machine and provide documentation of a plan for corrective action going forward. The Cease and Desist Order was issued on July 16th. Retesting took place on July 19, and those results came back within range. The Health Department allowed the reopening of the machine after an inspection of the facility. Nicotine-Free Generation- Attorney Lisa Goodnight appeared before the Board. Atty Goodnight is the Director of Tobacco Control at the Massachusetts Municipal Association. The MMA represents the 351 cities and towns in Massachusetts and offers free legal technical assistance on tobacco and nicotine control, as well as policy development, throughout the Massachusetts tobacco control program. Atty. Goodnight provided background regarding the concept of nicotine-free generation (NFG) and addressed questions and concerns raised by the Board during their discussion. Attorney Mark Gottlieb, from the Public Health Advocacy Institute at Northeastern University, also attended the Board meeting and assisted in explaining and answering questions alongside Atty. Goodnight. The Chair of the Board opened the meeting to the public, allowing a 2-minute discussion. Kate Silbaugh, a Brookline resident and professor of Law at Boston University, spoke in favor of NFG. Ms. Silbaugh was a co-sponsor of the ordinance in Brookline. She agrees that this is a multi- pronged approach and also discussed the importance of cessation support services, which are essential to this policy. She stated that no Brookline establishments have closed because of NFG. Emily Wieja, a Cambridge resident, spoke in opposition to the proposal. Ms. Wieja stated that she feels that paid activists are going around the state, pushing for this proposal to restrict the freedom of adults to choose for themselves. Ms. Weija also said that there was a lot of talk about kids and youth at this meeting, and feels that the Board of Health is restricting adult choice by drawing a direct line to a complete ban on tobacco and nicotine. Peter Brennan is the Executive Director of the New England Convenience Store and Energy Marketers Association. Mr. Brennan spoke in opposition to this proposal. Mr. Brennan believes that banning nicotine products will harm businesses in town. Mr. Brennan also believes that if residents can't purchase their nicotine products here within the Town, they will just go elsewhere to get them. Stephen Helfer, Cambridge Citizens for Smokers Rights, opposed the proposal. He feels the proposal is prohibitive. Mr. Helfer then went on to cite the National Youth Tobacco Use Survey, which states that e- cigarette use among teenagers is the lowest it’s been in 10 years, less than 8 percent, and that 1.6 percent of teens smoke regular cigarettes. He questions the need for a policy like NFG. Chris Castellana, District Manager for Cumberland Farms, 324 Marrett Rd, spoke in opposition to the proposal. 4 Mr. Castellana stated as an operator of a local Lexington retailer, he wanted to go on the record in support of Mr. Brennan’s statement. Ms. Wolf-Fordham had two questions for Attorneys Gottlieb and Goodnight regarding an appeal to the US Supreme Court and other age-related regulations in MA. Dr. Tung had a question regarding the Town bylaw vs. the Board of Health regulation. Atty Goodnight and Atty Gottlieb provided an answer. Dr. Heiger-Bernays discussed the process going forward, including public engagement at future meetings. Tobacco Control Update Ms. Soto informed the Board that she did not have a report due to being on an extended medical leave. She will be able to get back to the draft update to the tobacco regulations as she begins her transition back to work. Health Staff Reports: Staff provided their monthly reports. Dr. Heiger-Bernays has questions regarding some of the reports. Directors Report: Ms. Belanger gave her a verbal report. Ms. Belanger informed the Board that she has been working on the Town report as well as the budget for fiscal year 2026. Ms. Belanger reviewed the ARPA request for funding to expand the Adult Vaccine Program, including the COVID-19 vaccine. This request was approved by the Select Board. Ms. Belanger also informed the Board that she participated in Outbreak, a summer program at the Public Health Museum for students who are interested in public health and public health professions. Correspondence/Information - Arbovirus Report: Ms. Belanger provided a brief update to the Board about the positive cases of West Nile virus and EEE in Massachusetts and the status of mosquito control efforts. Adjournment Dr. Geller made a motion to adjourn at 8:22 p.m. Dr. Tung seconded the motion. The motion was approved unanimously.