Board of Health

April 3, 2019 APPROVED 6.26.19 BOH MEETING A meeting of the Lowell Board of Health was held on Wednesday, April 3, 2019 in the Mayor's Reception Room, City Hall, 375 Merrimack St., Lowell, MA 01852. Chairwoman Jo-Ann Keegan called the meeting to order at 6:06 PM. Present: Jo-Ann Keegan, RN, MSN, Chairperson John Donovan, DC, Board Member Lisa Golden, RN, MSN, Board Member Kathleen Cullen-Lutter, RN, CNM, Board Member Kerran Vigroux, HHS Director Shawn Machado, Sr. Sanitary Code Inspector Cesar Pungirum, Tobacco Control Director 4/3/2019 - Minutes 1. NEW BUSINESS 1. I. For Acceptance: Minutes Of The March 6, 2019 Meeting Of The Board Of Health. Motion: To accept the minutes of the March 6, 2019 Meeting of the Board of Health made by Lisa Golden, seconded by John Donovan. All in favor. 1. II. Beach Permit Application Recreation Program Director Peter Faticanti spoke to the Board regarding the Beach Permit start date, and the water testing schedule and results. Motion: To approve the Rynne Beach Permit Application made by John Donovan, seconded by Lisa Golden. All in favor. Motion: To take agenda items 2.1 and 2.2 out of order by Lisa Golden, seconded by John Donovan. All in favor. Upon return to order, the Board reviewed Agenda item 1.III Tobacco Control Monthly Report. 1. III. For Review: Tobacco Control Monthly Report Submitted By Cesar Pungirum, Program Director. Tobacco Control Director Cesar Pungirum reviewed his report with the Board. Mr. Pungirum updated the Board regarding the fine issued to the 7-11, 55 Chelmsford St and the results of the requested Magistrate Hearing. The establishment was ordered to pay the fine within 30 days. Mr. Pungirum addressed the Board regarding products containing CBD which is found in hemp and marijuana and is not currently regulated by the Commonwealth's Cannabis Commission. Mr. Pungirum suggested that in the future the Board may want to restrict the sale of products with CBD, glass pipes/paraphernalia as well as menthol flavored tobacco products. The Board discussed the issue with Mr. Pungirum. Chairwoman Keegan spoke about the vaping program UMass/Lowell nursing students were presenting in Dracut. Mr. Pungirum informed the Board that the State Tobacco Control Program is working with public schools in the area regarding vaping and Diane Knight has reached out to the Lowell Public Schools on the issue. HHS Director Kerran Vigroux will reach out to Diane Knight regarding her efforts with the Lowell Public Schools. The Board had no further questions.  BOHM040319 Page 2 1. IV. Monthly Development Services Report Submitted By Senior Sanitary Code Inspector Shawn Machado. Senior Sanitary Code Inspector Shawn Machado reviewed the Development Services Report with the Board. The Board discussed the need for the School Department to meet with the pest control contractor, the Department of Public Works and Mr. Machado. The Board requested Mr. Machado determine if Body Art Practitioner applicant Jeff Riel, who appeared before the Board in February, was working without a valid license. Mr. Machado will have an inspector follow up. The Board had no further questions. 1. V. Request: For The Board Of Health To Consider Adoption Of The Proposed Comprehensive Waste Hauler Regulations. Solid Waste & Recycling Coordinator Mr. Gunther Wellenstein was present to speak to the Board about the Proposed Comprehensive Waste Hauler Regulations. Mr. Wellenstein is applying for a grant in June which will assist in improving the City's program overall and is asking the Board to adopt these regulations that will make recycling services as a mandatory part of the City's waste hauler requirements. Chairwoman Keegan inquired if the mentioned House Bill 747 had passed. Mr. Wellenstein indicated that it is before the House of Representatives to adopt. Chairwoman Keegan informed Mr. Wellenstein that he needs to speak with City Solicitor Christine O'Connor to determine if this should be done as Board of Health Regulation or a City Ordinance. Mr. Wellenstein will contact Ms. O'Connor to make that determination. The following members of the public spoke in favor of the regulations: Jeff Koetsche, Coordinator of the Merrimack Valley Sierra Club. Ruth Potwin, Lowell John Geer, Lowell Sustainability Council, President of the Belvidere Neighborhood Association. Ginny Burnham, Lowell. 1. VI. Trinity Ambulance Overdose and Home Town Reports Submitted By Jon Kelley, Trinity Ambulance, Inc. The Board accepted and placed on file. 1. VII. Animal Inspector Nominations For 2019 Motion: To approve the 2019 Animal Inspector nominations made by John Donovan, seconded by Lisa Golden. All in favor. 1. VIII. Communication: Central Massachusetts Mosquito Control Project The Board accepted the communication and placed on file. 1. IX. 2019 Funeral Directors' Licenses Motion: To approve the 2019 Funeral Director's Licenses made by Lisa Golden, seconded by Kathleen Cullen- Lutter. All in favor. 2. OLD BUSINESS 2. I. For Review: City's Response to the Department Of Labor Paul Georges, President, United Teachers of Lowell (UTL) spoke to the Board regarding the City's response to the Department of Labor Relations and the teacher's concerns on on-going heating failures as well as classrooms at Lowell High not being used due to lack of heat. Kara Keefe Mullin, Assistant City Manager, was present with Public Works Commissioner Ralph Snow and City Engineer Christine Clancy. Ms. Keefe Mullin addressed the DLR letter and the City's response, informing the Board that the City has requested a meeting with DLR to obtain more information on DLR's expectations. Ms. Keefe Mullin updated the Board on the notifications when the heat shuts off. The program has been updated and  BOHM040319 Page 3 is now working correctly with the School Department being notified right away. The City has contracted with Combustion Boilers to maintain the boilers and tune them up with 5-6 of the 10 secondary boilers now working. Mr. Snow informed the Board that the High School had 3 significant areas of repair - the TV studio which has been repaired and the other areas all have roof top units that will be working by next week. Chairwoman Keegan inquired about the MA School Building Authority Repair grants and if there was a plan to include funding in the City budget if the grants are not awarded to the City. Ms. Keefe Mullin indicated that the City is working on the capital plan in the budget and will have documentation to allow the City to be proactive rather than reactive. The City should hear within the next couple of months if the MSBA has awarded funding to the City. Ms. Keegan suggested that Mr. Machado, Banner Pest Control, Aramark, and the School Department have another meeting regarding pest control efforts. Ms. Keefe Mullin commented that DPW can work with the School Department to do repairs. 2. II. For Review: Communications from the United Teachers of Lowell. The following citizens spoke to the Board regarding the issue: Karen Walton - Shaughnessy School teacher. Tina Maggio – School Department Central Office staff member. Kristin Shultz – UTL member. Laura Lamarre-Anderson – Teacher Suzanne Botti – Morey School teacher. Gary Coughlin, Lowell citizen. Caroline Kennedy - LHS nurse. Sandra McNamara - President of Centerville Neighborhood Coalition. Mickey Dupont - Director of Operations, UTL. Molly Keefe – UTL member. Motion: To return to the order of business made by John Donovan, seconded by Kathleen Cullen-Lutter. All in favor. 2. III. Petition: Request To Accept The Lawrence Training School Courses As A Replacement For The Former Quincy MA Skin Course For Tattoo Artists. Mr. Mark Hatch was present to address the Board. Mr. Hatch informed the Board that Lawrence based tattoo artists had used this class as part of the City of Lawrence's licensing requirement. The Lawrence Training School will be going in front of the Lawrence BOH to be recognized as an acceptable alternative for their licensing requirements. Chairwoman Keegan would like to see more information on the school's certifications and the courses as it appeared it was a school for cosmetology and other courses such as environmental remediation, but it didn't show anything about courses on tattooing. Mr. Hatch commented the class was about the skin. Chairwoman Keegan would like to see information on the schools accreditation and by whom. Motion: To approve the course upon receipt of the accreditation of the school and confirmation of certification of accreditation by the Commonwealth of Massachusetts made by John Donovan, seconded by Lisa Golden. All in favor. The Board also would like to find out what other cities, such as Cambridge and Worcester, are currently using for their licensing requirements. 2. IV. Informational: 2019 Trinity EMS, Inc. Proposed Contract HHS Director Kerran Vigroux informed the Board that the Law Department is working on the Financial Fee Schedule. Chairwoman Keegan asked if Ms. Vigroux could reach out to City Solicitor O'Connor to find out the status.  BOHM040319 Page 4 3. DIRECTOR’S REPORT Director Vigroux will contact the Law Department regarding the status of Dr. Peter Connolly's contract renewal. 3. I. Update: Divisional and Department Reports and Updates. Chairwoman Keegan asked that the Board receive a copy of the report that Substance Abuse Coordinator Lainnie Emond is creating for the Mayor's Task Force as part of the May 2019 agenda. Director Vigroux informed the Board that MOAPC Coordinator Michael Hall was able to confirm that Dracut's seventh graders are all participating in the Life Skills program and that there is discussion of a booster program for current eighth graders. Ms. Vigroux also noted that it is National Public Health Week and the Health Department is partnering with community partners to recognize it. Ms. Vigroux updated the Board on the status of the Service Zone Plan. Ms. Vigroux spoke to the Board regarding the Council on Aging as it falls under the Health & Human Services umbrella. Ms. Keegan asked for an update on the active TB cases and the 2018 total. Ms. Vigroux will follow up with the Public Health Nurse completing the report. 4. MOTION TO AJOURN Motion: To adjourn at 8:47 PM made by John Donovan, seconded by Lisa Golden. All in favor. THE NEXT MEETING OF THE LOWELL BOARD OF HEALTH WILL BE HELD ON MAY 8, 2019 AT 6:00 PM IN THE MAYOR'S RECEPTION ROOM.