HomeMy WebLinkAbout2026-03-17-BOH-min.pdf
LEXINGTON BOARD OF HEALTH
MEETING MINUTES
Tuesday, March 17th, 2026, 6:30 p.m.
Conducted by Remote Participation
Board of Health Members in Attendance:
Wendy Heiger-Bernays, Ph.D., Chair; David Geller, M.D., Vice Chair; Shoolah Escott,
MS; Susan Wolf-Fordham, J.D., MPA; Jillian Tung, M.D., M.P.H.
Health Department Staff Attendees: Alicia McCartin, Public Health Director; Danetza
Yachachin, Assistant Public Health Director
Absent:
Select Board Liaison: Mark Sandeen (Late 6:44 pm)
Documents:
January 20th, 2026, Meeting Minutes
February 17th,2026 Meeting Minutes
Formosa Taipei Update
Public Health Advocacy Institute- Nicotine- Free Generation
Article XXII, Restricting the Sale of Tobacco Products Tobacco Regulations Revisions
Article XVIII, Grease Interceptor Requirements for Food Service Facilities Regulation
Revisions
Environmental Health Report
Public Health Nurse Report
Noise Policy Regulation Update Document
Meeting Called to Order:
The Board of Health meeting, held on March 17th, 2026, was called to order by Dr. Heiger-Bernays
at 6:30 p.m.
Minutes Approval:
The Board of Health reviewed the minutes of the January 20th, 2026, meeting.
Ms. Escott made a motion to accept the minutes as edited.
Dr. Geller seconded the motion.
The motion was approved unanimously.
The Board of Health reviewed the minutes of the February 17th, 2026, meeting.
Dr. Tung made a motion to accept the minutes as edited.
MS. Escott seconded the motion.
The motion was approved unanimously.
Open Forum (2 minutes per person, state your name and address)
None
Tobacco Control
Ms. McCartin provided an overview of the proposed revisions, referring to the current regulation,
and the proposed Nicotine-Free Generation language. She noted that the policy had previously
been introduced to the Board in 2024 and is being revisited for discussion.
Maureen Buzby, the Regional Tobacco Prevention Program Coordinator, presented on the
evolution of tobacco and nicotine products and the increasing prevalence of youth-targeted
designs. She highlighted public health concerns related to nicotine addiction, particularly among
youth.
Ms. Buzby provided an overview of the Nicotine-Free Generation (NFG) policy. It establishes a
birth-year-based restriction. It does not affect individuals who are currently age 21 or older and
will gradually phase out access to tobacco products over time. She reported that the policy was
first adopted in Brookline in 2020. It was upheld by the Massachusetts Supreme Judicial Court in
March 2024. More than 22 municipalities have adopted similar policies. Ms. Buzby emphasized
that the policy is intended to reduce youth access, prevent addiction, and improve long-term
public health outcomes.
Dr. Heiger-Bernays inquired about adoption methods across municipalities, implementation
timelines, and common concerns raised by opponents.
Ms. Buzby responded that most communities adopt the policy through Board of Health
regulations. The implementation timelines vary and are determined locally. In towns, the Board
of Health can adopt this policy, while in cities it is adopted by the Town Council. Ms. Buzby
discussed some of the common concerns she has heard, including financial impacts on retailers,
concerns about personal freedom, and potential black-market activity.
Dr. Tung asked about public outreach and communication strategies.
Ms. Buzby described a multi-step process, including engagement with municipal leaders, schools,
healthcare providers, and community groups, as well as public hearings and direct outreach to
retailers. Notification is conducted via mail, email, and in-person visits. She noted that industry
opposition has included organized campaigns, petitions, and public testimony.
Ms. Escott asked about the tone of the public hearing.
Ms. Buzby stated that most hearings were respectful. Some instances of inappropriate conduct
occurred, particularly toward youth speakers overall, and discussions were less contentious than
previous tobacco policy debates.
Ms. Wolf-Fordham indicated interest in reviewing policy language at a future meeting.
Dr. Geller expressed appreciation for the presentation and had no additional questions.
Public Comment:
Anthony Ishak (Brookline Resident) provided a perspective based on Brookline’s experience. He
reported no business closures attributable to the policy and indicated minimal financial impact on
retailers, referencing studies showing reduced tobacco sales without increased cross-border
purchasing.
Mark Gottlieb (Public Health Advocacy Institute) confirmed legal support for municipalities
adopting the policy, noting that Medfield recently became the 23rd municipality to adopt NFG
and referenced the international adoption of the Nicotine Free Generation.
The Board will continue reviewing information related to the proposal, schedule a future public
hearing, and consider a vote at a subsequent meeting.
Formosa Taipei Update
Ms. McCartin reported that, following the Board’s order from the November meeting, Formosa
was required to complete two unannounced inspections per month over three months, concluding
February 28, 2026.
The consultant audit report indicated the establishment was in good standing, with only minor
issues related to maintaining cleaning standards.
A Health Department inspection conducted on March 10 found no violations of the food code.
Ms. McCartin noted significant improvement in cleaning practices and food handling, with
overall compliance achieved during the required inspection period.
Ms. Wolf-Fordham asked whether inspections had concluded and if additional oversight would
continue.
Ms. McCartin confirmed that required audits have ended, but Formosa Taipei has voluntarily
retained their consultant. Routine Health Department inspections will continue, with the option
of additional unannounced inspections.
Dr. Heiger-Bernays stated that the Board supports allowing staff to determine appropriate
follow-up inspection timing and emphasized the importance of continued compliance. She also
thanked Formosa Taipei for their efforts.
Formosa Taipei confirmed that a consultant will continue conducting monthly visits voluntarily.
Review Proposed Changes to Article XVIII, Grease Interceptor Requirements for
Food Service Facilities
Ms. McCartin presented proposed revisions to the Board of Health regulation Article XVIII. She
explained that there are three versions of the regulation: the current version, a marked-up draft
showing revisions, and a clean draft for readability.
She noted that the updates focus primarily on modernizing language, clarifying definitions, and
reorganizing sections to improve clarity of the regulation.
Ms. Yachachin explained that the revised regulation expands terminology from “grease” to “fats,
oils, and grease”, providing a more comprehensive definition that includes both liquid and solid
waste capable of solidifying in sewer systems. Ms. Yachachin explained that the regulation name
is being revised to Rules and Regulations for the Maintenance of Grease Traps and Removal of
Fats, Oils, and Grease (FOG) from Food Establishments from grease Interceptor Requirements
for Food Service Facilities. Some of the proposed changes included adding that food
establishments would be required to have their grease traps serviced by licensed and permitted
septage haulers and requiring food establishments to submit their grease trap pumping and
maintenance records to the Health Department. Ms. Yachachin noted that these updates aim to
improve compliance, prevent sewer blockages, and ensure proper waste disposal.
Dr. Heiger-Bernays emphasized the importance of proper grease disposal as a public health and
environmental issue, noting impacts on sewer infrastructure, waterways, and downstream
communities. She expressed support for strengthening the regulation.
Ms. Wolf-Fordham expressed appreciation for the improved clarity and noted a minor duplication
in Section B (“Board of Health” listed twice), recommending it be corrected.
Dr. Tung asked how collected grease is disposed of.
Ms. McCartin explained that licensed haulers are required to transport waste to approved disposal
facilities, and that requiring the pumping records to be sent to the Health Department will allow
the Health Department to verify proper disposal and monitor compliance.
Dr. Tung also requested clarification on requirements for internal versus external grease traps,
noting potential confusion in the draft language.
Ms. McCartin clarified that a minimum of one internal grease trap is required. Additional
systems, external or secondary internal traps, may be required depending on facility operations
and space constraints.
Dr. Heiger-Bernays recommended clarifying this requirement in the final draft to improve
understanding for users.
Ms. Escott made a motion to approve the revisions of Article XVIII, Rules and Regulations for
the Maintenance of Grease Traps and Removal of Fats, Oils, and Grease (FOG) from Food
Establishments, incorporating the discussed revisions and corrections.
Ms. Wolf-Fordham seconded the motion.
The motion was approved unanimously.
The Board established an effective date of May 1, 2026, to allow time for notifying food
establishments and ensuring compliance with the updated requirements.
Health Staff Reports:
Ms. Yachachin reported on her activities in March, which included conducting 14 food
inspections (3 re-inspections), 3 housing inspections (2 follow-up re-inspections), and 2 food
truck inspections. Ms. Yachachin reported that she is enrolled in upcoming training on housing
court procedures, including a mock trial component. She also continues to review Camp and pool
permit applications, Building-related health permits, including asbestos and lead compliance,
Food permit renewals, and temporary food permits. She participated in interdepartmental
meetings, coordinating permitting, planning for National Public Health Week, updating grease
trap regulations, and attending several training courses on pest control, body art, hoarding
response, a MassDEP seminar, and a MEHA webinar on Kratom.
Dr. Heiger-Bernays asked whether Kratom products have been observed locally during
inspections.
Ms. Yachachin responded that she had not specifically looked for such products previously but
will do so moving forward.
Ms. McCartin stated that Kratom products have been identified in nearby communities and noted
that the substance is not regulated by the U.S. Food and Drug Administration (FDA). She also
stated that some municipalities, including Lowell, have begun adopting local regulations.
Dr. Geller stated that while he is aware of Kratom, he has not encountered it in his medical
practice and has only seen it advertised in other regions.
Dr. Heiger-Bernays noted the importance of continued awareness and monitoring of emerging
public health concerns such as Kratom.
Ms. McCartin reported on behalf of Public Health Nurse Kelliann Coleman, indicating a decrease
in influenza and COVID-19 cases compared to the same time last year. She noted that planning
for National Public Health Week, scheduled for April 6–12, is ongoing, with a calendar of events
to be released soon. Additionally, wellness clinics continue to be held regularly, and while current
tuberculosis (TB) cases are being monitored and they are not new.
Dr. Heiger-Bernays confirmed that other reported communicable diseases were not associated
with food establishments, but rather involved residents.
Ms. McCartin confirmed that the cases referred to were community-based and not linked to local
restaurants.
Director’s Report
Ms. McCartin reported that the department is actively preparing for National Public Health
Week and Patriots’ Day. She noted that seven food trucks are scheduled to participate in
Patriots’ Day events, and Ms. Yachachin has been coordinating inspections. The goal is to
complete all inspections by the end of March.
Ms. McCartin also reported ongoing work with a consultant, Bright Solutions Consulting Group,
regarding the Town’s opioid settlement funds. She has been meeting with the consultant weekly
to review a community survey, the results of which will inform the development of an
implementation plan. The survey is nearing completion.
Dr. Heiger-Bernays asked how many survey responses had been received.
Ms. McCartin reported approximately 35 responses to date, with additional outreach efforts
underway, including coordination with local schools.
Board of Health Member- Committee Liaison Reports
Turf Working Group:
Dr. Heiger-Bernays reported that the working group has not recently met but shared updates on
turf field projects, focusing on artificial turf versus natural grass. She highlighted concerns from
an analytical chemist regarding the recycling of artificial turf materials, specifically questioning if
current processes are truly recycling and noting environmental issues like heat retention and
microplastic release. The discussion is ongoing, with plans for future expert input as more
scientific data emerges.
Semi-Quincentennial Commission (LEX250):
Dr. Tung mentioned that preparations for Patriots’ Day weekend are in progress, anticipating
large attendance, with the Town Celebrations Committee leading the parade. She also noted that
the artist reception event will be rescheduled, with a new date to be announced.
Crematory Committee:
Dr. Tung announced that the committee will host a virtual listening session on Zoom to collect
community feedback about the proposed crematory project. The session is focused on gathering
public input.
New/ Old Business
Community Health Needs Assessment:
Dr. Heiger-Bernays highlighted the significance of conducting a Community Health Needs
Assessment for long-term planning.
Ms. McCartin reported that a graduate intern from UMass Lowell is starting a smaller scale
assessment. Ms. McCartin discussed speaking with the Tri-ton regional epidemiologists and
existing data sources. The assessment will remain a priority for the department, and comparisons
with previous assessments will be made. While the assessment will be broader than the Town’s
Hazard Mitigation Plan, relevant findings may be integrated.
Grant Application – Vaccine Program:
Ms. McCartin reported that the department submitted a grant application to the Community
Endowment of Lexington for a home-based vaccination program targeting residents unable to
attend clinics. The program currently offers COVID-19 and influenza vaccines, with growing
interest in pneumococcal and shingles vaccines. The grant aims to offset costs and enhance access
for all, regardless of insurance status.
MassDEP Noise Policy Update:
Dr. Heiger-Bernays introduced an updated Noise Policy from the Massachusetts Department of
Environmental Protection, the first major update since around 1990. This update offers better
guidance for local Boards of Health on handling noise complaints. Public comments on the policy
are accepted until April 23.
Dr. Heiger-Bernays requested that this information be shared with the Town’s Noise Committee.
Ms. McCartin confirmed it would be distributed.
Adjournment
Dr. Geller made a motion to adjourn at 8:05 p.m.
Dr. Tung seconded the motion.
The motion was approved unanimously.